R ECORDS
OF' TI1E;
COLONY AND PLANTATION
OF
FROM 1638 TO 1649.
TRANSCRIBED AND EDITED IN ACCORDANCE W'ITH A RESOIJUTION
OF THE GENERAL ASSEMBLY OF CONNECTICUT.
WITH OCCASIONAL NOTES AND AN APPENDIX.
By CHARLES J. HOADLY, M. A.
State Librarian of Conn., Member of the Conn. Hist. Soc., Cor. Memb. N. E. Hlist. Gen. Soc.
HARTFORD:
PRINTED BY CASE, TIFFANY AND COMPANY,
FOR THE EDITOR.
1 857.




At a  General Assembly of the State of Connecticut, holden at New
Haven in said State, on the first Wednesday of May, in the year of
our Lord one thousand eight hundred and fifty-six:
Resolved, That the secretary be authorized to purchase for the use of the state, two
hundred and fifty copies of the proposed publication of the Records of the Colony of
New Haven, prior to the union with Connecticut, transcribed and edited by Charles
J. Hoadly, Esq. Provided, that such publication shall be authenticated by the official
certificate of the secretary, as a true copy of the original record; and provided, also,
that the expense of the same shall not exceed two dollars and fifty cents per volume.
Resolved, That the copies so purchased be distributed as follows; one copy to the
town clerk of each towln in this state, to be preserved in his office for the use of the
town; one copy to the governor, and to each of the state officers of this state; one
copy to the governor of each of the several states and territories of the United States,
to be deposited in their several state libraries; one copy to the library of congress;
one copy to the Smithsonian Institute; one copy to each of the colleges of this state;
twenty five copies to Mr. Alexander Vattemnare for international exchange; and the
remainder of the said two hundred and fifty copies to be deposited in the office of the
secretary, subject to the disposal of the general assembly.




INTRODUCTION.
THE original manuscript, of which the present volume is intended
to be, as nearly as practicable, a reproduction, is a large folio of seventeen by eleven inches in size, containing about two hundred and
fifty pages. It was evidently written with some care, and the chirography of the whole might be called,.for the period, superior, more
particularly so that of Thomas Fugill, the first secreary, although it
is more abundant in contractions and abbreviations than that of Richard Perry or Francis Newman, his successors.
Many years before the employment of the volume in this country
as a Record Book for New Haven Colony, five pages of it had been
used, by some great merchant in London, as a Day Book or Journal,
and it thus begins,-" Laus Deo, In London, the 6th of January,
Anno Doming 1608."  Who the merchant was to whom it belonged
does not appear, and is unknown; it has been a tradition, however,
that it was " Governor Eaton's Ledger," but as Eaton was born in.
1590, it would hardly seem probable that a youth of eighteen should
carry on business, both foreign and domestic, to so great an extent as
would appear to be indicated by the entries in this book.
At their first settlement, though within the limits of the old Connecticut Patent, the plantations of New Haven, Guilford and Iilford, intended to be, if possible, separate and distinct governments,
but finding themselves singly too weak, early in the spring of the year
1643, they confederated with New Haven, which had already by the




iv                   INTRODUCTION.
purchase and settlement of Stamford, Yennycock or Southold, and
Totoket or Branford, become the most considerable in size and influence, and thus was formed the Jurisdiction of New Haven.
The present volume contains the records of the Colony of New
Haven while it remained distinct, the beginning of the records of the
Jurisdiction, and the records of the Town or Plantation up to the
year 1650.
From April, 1644, to May, 1653, the records of the Jurisdiction
are lost, save that in this volume we have the proceedings of a Court
of Magistrates, June 14th, 1646, and a Court of Election, October
27th, 1646. How long these records have been missing we are ignorant, but may conjecture that they have been so for a period of about
a century. That Dr. Trumbull did not have access to them, while
collecting materials for the history of Connecticut, that is from about
1770 to 1774, is evident upon an examination of that work, and had
their disappearance then been recent, we should suppose'that there
would have been made some reference to the fact, either by him or by
the General Assembly in their resolution of May, 1772.
The dates of some meetings of the Jurisdiction Courts for this
period, collected from the records of the United Colonies and from
those of the town of Guilford, are inserted in their chronological order
in the form of notes.
In a note at page 463 is found an account of some of the proceedings of a General Court for the Jurisdiction, May 30th, 1649, which
is taken from Thompson's History of Long Island, but I have thus
far been unable to learn the source whence the author of that work.
obtained the citation. The editor has been informed that Mr. Thompson's papers afford no clue, and that it is not found in the records of
the town of Southold, L. I. It is to be hoped that the extract may
lead to the discovery of the missing volume.
In May, 1772, perhaps at the instance of Governor Trumbull,
who, as the venerable historian of Connecticut assures us, had a
most thorough acquaintance with the history of the colony, the General Assembly passed the following resolution:
"Whereas the first antient Book of Records of this Colony remlain



INTRODUCTION.                         v
ing in the Secretary's office, and the first Records of the Jurisdiction
of New Haven, in the office of the Town Clerk of the Town of New
Haven, are much worn and decayed, and by constant use in danger of
being totally ruined, Resolved by this Assembly, that the Secretary
be directed and he is hereby directed to procure the said Records to
be fairly transcribed into some proper book or books to be by him
procured for that purpose, and laid before this Assembly to be compared and duly authenticated for common use, to the end that the
said original ancient Records may be safely preserved and used only
upon special and important occasions. The secretary is also directed
to receive into his hands and deposit in his office the antient Book of
Records of the Jurisdiction of New Haven, now remaining in the office
of the clerk of the County Court of New Haven County, who is also
hereby requested to deliver the same to him accordingly, that the
same may remain for publick use in the publick archives of the
Colony."*
The first volume of the Connecticut Records was copied and presented to the Legislature for authentication in May, 1773, but why the
New Haven Records were not then also transcribed we are not
informed.
The authorities of the town of New Haven have within a few years
taken commendable care for the preservation and safe keeping of this
first volume of their Records, by causing a copy to be made, and by
enclosing the original in a copper box.
In executing the trust of editing these Records, accuracy has been
the chief thing aimed at, and to obtain this neither time nor labor
have been spared; every page has been carefully compared by the
editor with the original; contractions and abbreviations have been
followed, but with regard to the use of capital letters and marks of
punctuation, it has not been deemed necessary strictly to adhere to the
copy; still, however, this liberty has been used with caution, and the
editor has not knowingly altered the sense of any passage thereby,
-' Colony Records, vol. xi, p. 105.




vi                    INTRODUCTION.
preferring in all instances where such might be the case, to let the
original punctuation prevail.
Changes in the original arrangement of the records have been
made in two instances only, one by placing the articles of agreement
with the native Indian proprietors at the beginning of the volume,
and the other by transferring a list of names recorded on page [138]
to page 140 of this volume. The paging of the original has been
preserved and will be found in brackets at the side of the page.
Some redundancies in the original have been printed in italics.
Where the original has in some places become obliterated or worn
away, the missing words, supplied by the editor, are included in
brackets. In other cases where words or letters have been omitted
or passages of doubtful import occur, the editor feels obliged to charge
the fault to those who originally wrote the manuscript.
In citing the records of the United Colonies, it has been found
more convenient in general, to cite from the cotemporary manuscript
copy preserved in the Secretary's office than to make use of Hazard,
since it is known that in the latter many errors occur. In citing
Trumbull's history, the edition printed at Hartford in 1797 has been
used, and in Savage's Winthrop, though the edition of 1853 has been
used, yet the pages of the former edition of 1825-6 are cited.
In conclusion, the editor expresses his thanks and acknowledges
his obligations to the General Assembly of Connecticut, by whose
liberality the expenses of publication have been in part defrayed; to
the Connecticut Historical Society, for their encouragement of the
work; to the late Town Clerk, Alfred Terry, Esq., and to the Selectmen of New Haven, for the readiness and courtesy with which they
afforded every facility requested for the accomplishment of the same;
to Henry White, Esquire, for many valuable suggestions and other
important aid, which his very extensive and accurate information
regarding the early history of New Haven enabled him to furnish;
to Hon. Francis De Witt, Secretary of the Commonwealth of Massachusetts, and to E. B. O'Callaghan, Esq., Al. D., of Albany, for copies
of documents remaining in the archives of their respective States; to
Ralph D. Smith, Esq., of Guilford, Henry Onderdonk, Jr., Esq., of




INTRODUCTION.                       Vii
Jamaica, L. I., and Rev. E. Whitaker, of Southold, L. I., and to
others who in various ways have given the publication their countenance or assistance.
To Henry White, Esquire, I am indebted also for the copies and
abstracts of wills and inventories found, as notes, in this volume.
Should the present volume meet with sufficient encouragement, the
editor proposes to continue it, by the publication of the Records of
New Haven Jurisdiction firom May, 1653, to the union with Connecticut in 1664-5, together with the New Haven code of 1656.
C. J. H.
STATE LIBRARY, HARTFORD,
April 14, 1857.




Most of tile abbreviations used in this volume require no
explanation; the letter mn or n with a dash or circumflex over
it, fh or Ai, was frequently used for the double consonant; a
similar mark placed over a vowel indicates the omission of a
consonant, generally m or n, thus, coio5, for common; the
letter c is used for ti, thus, condidon, for condition; the letter
p shows the omission of letters, of which r was generally one,
thus, pson for person, p for proper.  A caret,  A   denotes
a blank in the original record.




INDIAN DEEDS
OF
THE PLANTATION OF NEW HAVEN,
IThese Articles of Agreement were recorded by Secretary Gibbard, at a date subsequent to the records contained in this volume, upon some leaves which had been
left blank between pages 50 and 62.]
Articles of agreement betweene Theophilus Eaton & John
Davenport & others, English planters att Quinopiocke on
the one partye & Momaugin ye Indian Sachem of Quinopiocke & Sugcogisin, Quesaquauch, Caroughooci, Wesaucucke
& others of his counsell onl the other partye, made & concluded the 24t;h of Novemb' 1638. Thomas Stanton being
interpreter.
That hee ye sd sachem, his counsell & company doe jointly
profess, affirme & covent, [th]at he ye sd M/Iomaugin is tile
sole sachem of Quinopiocke, & hath an absolute and independant power to give, alien, dispose or sell, all or any part of the
lands in Quinopiocke, & that though he have a sofi now absent,
yet neither his sd sofi, nor any other pson whatsoever hath any
right title or interest in any part of the sd lands, soe that whatsoever he, ye forenamed sachem, his counsell & ye rest of ye
Indians present doe & conclude, shall stand firne & inviolable
against all claimes & psons whatsoever.Secondly ye sd sachem, his counsell & company, amongst
which there was a squaw sachem called Shampishuh sister to
ye sachem, whoe either had or prtended some interest in some
part of ye land, remembring & acknowledging the heavy taxes
& eminent dangers wch they lately felt & feared from ye Pe1




2                     INDIAN DEEDS.
quotts, Mohaucks & other Indians, in regard of which they
durst not stay in their country, but were forced to flie, & to
seeke shelter under the English at Cofiecticutt, and observing
ye safety & ease yt other Indians enjoy neare ye English, of
which benefitt they have had a comfortable tast already since
the English began to build & plant at Quinopiocke, which wth
all thankfullnes they now acknowledged. They jointly &
freely gave & yeilded up all yr right, title & interest to all ye
land, rivers & ponds, trees with all ye libertyes & appurtenances belonging unto ye same in Quinopiocke to ye utmost of
their bounds East, West, North, South unto Theophilus Eaton,
John Davenport & others, the prsent English planters there, &
to their heires & assignes for ever, desiring from ymn ye sd English planters to receive such a portion of ground on the East
side of the Harbour towards ye fort at ye mouth of ye river
of Cofiecticott as might be sufficient for them, being but few
in number, to plant in; and yet within these limitts to be
hereafter assigned to them, they did covent & freely yeild up
unto ye sd English all the meadow ground lieing therein, with
full liberty to chuse & cut downe what timber they please, for
any use whatsoever, without any question, licence or consent
to be asked from them ye Sd Indians, and if, after their portion
& place be limited & set out by the English as above, they ye
sd Indians shall desire to remove to any other place within
Quinopiocke bounds, but without ye limitts assigned them,
that they doe it not without leave, neither setting up any wigwam, nor breaking up any ground to plant come, till first it
be sett [ou]t & appointed by ye forenamed English planters
for them.
Thirdly ye sd sachem, his counsell & company desireing
liberty to hunt & fish [withi]n the bounds of Quinopiocke now
given & graunted to the English as before, doe [hereby]
jo[in]tly covent & bind themselves to sett noe traps neare any
place where ye [          ] whether horses, [ox]en, kine,
calves, sheep, goates, hoggs or any sort [
to take]
any fish out of any ware belonging to any English, nor to doe
any thing neare any such ware as to di[sturb] or affright away
any fish to ye prjudice of such ware or wares; & that upon
discovery of any inconveni[en] cy growing to ye English by the
Indians disorderly hunting, their hunting shalbe regulated
PA line or two torn off.




INDIAN DEEDS.                   3
and limited for the prventing of any inconvenience, & yet with
as litle dainage to ye Indians in their hunting as may be.
Fourthly, ye sd sachem, his counsell & company doe hereby
covenant and bind themselves yt none of them shall henceforth hanker about any of ye English houses at any time when
the English use to mneete about the publique worship of God;
nor on ye Lords day henceforward bee seene within ye compass of ye English towne, beareing any burdens, or offring to
truck with ye English for any cofiodity whatsoever, & yt none
of ym henceforward without leave, open any latch belonging
to any English mens dore, nor stay in any English house after
warneing that he should leave the same, nor doe any violence,
wrong, or injury to ye pson of ye English whether man, woman
or child, upon any prtence whatsoever, and if the English of
this plantation, by ymselves or cattle, doe any wrong or damage to ye Indians, upon complaint, just recompence shalbe
made by ye English; and yt none of ym henceforward use or
take any English mans boate or canoe of what kind soever,
from ye place where it was fastened or layd, without leave
from the owner first had & obtayned, nor yt they come into ye
English towne wth bowes & arrowes, or any other weapons
whatsoever in number above 6 Indyans soe armed at a time.
Fiftly ye sd sachem, his counsell & company doe truly covenant & bind ymselves yt if any of ym shall hereafter kill or
hurt any English cattle of wt sort soever, though casually or
negligently, they shall give full satisfaction for the loss or
daimage as the English shall judge equall, But if any of ym for
any respect, wilfully doe kill or hurt any of the English cattle,
upon proofe they shall pay ye double valew, And if, at any
time, any of them find any of the English cattle straying or
lost in the woods, they shall bring them backe to the English
plantation, & a moderate price or recompence shalbe allowed
for their paynes, provided, if it can be proved yt any of yin
drove away any of ye English cattle wheresoever they find
them, further from  ye English plantation to make an incre[ase] or advantage, or recompence for his paynes finding
or bringing ym back, they shall in any such case pay dafiages
for such dealings.
Sixthly, the number of ye Quinopyocke Indyans, me[n] or
youth growne to stature fit for service being forty seven at
prsent, they doe covenant and bind ymselves not to receive, or
admitt any other Indians anmongst them without leave first
had & obtayned from ye English, & that they will not, at any
time hereafter, entertaine or harbor any that are enemies to
ye English, but will prsently aprhend such & deliver yin to ye




4                     INDIAN DEEDS.
English, and if they know or heare of any plott by ye Indyans
or others against ye English they will forthwith discover &
make ye same knowne to ym, & in case they doe not, to be
accounted as partyes in ye plott, and to be proceeded against
as such.
Lastly ye sd sachem, his counsell & company doe hereby
promise truly & carefully to observe & keepe all & every one
of these articles of agreemt, & if any of ym offend in any of ye
prmisses, they jointly hereby subject & submitt such offendor
or offendors to ye consideration, censure & punishmt of the
English magestrate or officers appointed among them for governemt without expecting yt ye English should first advise
with ym about it, yet in any such case of punishmt, if the sd
sachem shall desire to know the reason & equity of such
pceedings, hee shall truly be informed of the same.
The former article being read & interprted to ym, they by
way of exposition desired yt in ye sixth article it might be
added, that if any of the English cattle be killed or hurt casually, or negligently, & proofe made it was done by some of
the Quinopiocke Indyans, they will make satisfaction, or if
done by any other Indyans in'their sight, if they doe not discover it, & if able to bring ye offendo' to ye English they wilbe
accounted & dealt with as guilty.
In consideration of all which, they desire from ye English,
that if at any time hereafter they be affrighted in their dwellings assigned by the English unto ymi as before, they may repayre to the English plantation for shelter, & that ye English
will there in a just cause endeavor to defend ym from wronge
But in any quarrell or warres which they shall undertake, or
have wthl other Indyans, upoIn any occasion wtsoever, they will
maniage their affayres by ynmselves without expecting any ayd
from the English.
And the English planters before mentioned accepting and
graunting according to ye tefior of the prmises, doe further of
their owne accord, by way of free & thankefull retribution,
give un[to] ye sd sachem, counsell & company of ye Quinopiocke Indians, twelve coates of English trucking cloath, twelve
alcumy spoones, twelve hatchetts, twelve hoes, two dozen of
knives, twelve porengers & foure cases of French knives and
sizers; All which being thankfully accepted by ye aforesd &
ye agreements in all points perfected; for rattification & full
confirmation of the same, the Sachem, his counsell & sister,
to these prsents have sett to their hands or markes ye day &
year above written.




INDIAN DEEDS.                    5
Momaugin.-                                his marke.
Sulgeogisin j                    his marke.
Quesaquausha                     his mark.
Carroughood       V         his marke.
Weesancuck                  his mark
Shaumpishuh _      her
marke
I, Thomas Stanton, being interpreter in this treaty, doe
hereby profess in ye prsence of God, yt I have fully acquainted the Indyans with ye substance of every article, & truly returned their answer & consent to the same, according to ye
tennor of the foregoeing writeing, the truth of which, if lawfully called, I shall readily confirme by my oath at any time.
Thomas Stanton.
Articles of agreemt betwixt Theophilus Eaton, John Davenport, & sundry other English planters at Quinnypiock on ye
one part, and Mantowese sonne of an Indyan sachem liveing
att Mattabezeck, and nephew to Sequifi on ye other part,
made & concluded the 11th day of Decembr 1638.
First ye sd Mantowese in prsence & wth allowance and consent of Sawseunck an Indyan wch came in company wth him,
doth profess, affirme and covenant, to & wth ye sd Theophilus
Eaton, John Davenport & others above, that ye land on both
sides the river of Quinnypiock from ye Northerly bounds ofye
land lately purchased by the sd English of ye Quinnypiock
Indyans, namely from ye pond in ye great meadow, about two
miles above ye great hill, to ye head of ye river at ye great
playne toward ye plantations settled by ye English upon ye
river of Quintecutt Southerly, which is about tean miles in
leingth from north to south, the bounds of which land run.




6                     INDIAN DEEDS.
alsoe eight miles easterly from ye river of Quinnypiock toward
ye river of Quintecutt, and five miles westerly towards Hudsons river, doth truely & solely belong to him ye sd Mantowese
in right of his deceased mother, to whom ye sd land did appertaine, & from whom it justly descends upon him as his inheritance, soe yt he hath an absolute & independant power to
give, alien, dispose or sell all or any part of ye sd land, as he
shall think good; and yt neither his sd father, nor any other
pson whatsoever, have any right, title or interest in any part
of ye land described and limited as above, whereby he or any
other may hereafter justly question what ye sd Mantowese
now doth, or lay any clayme to any part of ye sd land now
disposed of by him.
Secondly the sd Mantowese being fully acquainted wth ye
agreemts lately passed betwixt ye sd English planters & ye
sachem of Quilnypiock, his counsell & company, did freely,
of his owne accord, upon full & serious deliberation, give,
grant & yeild up all his right, title and interest to all ye land
mentioned and bounded as above, with all the rivers, ponds,
trees, and all liberties & appurtenances whatsoever belonging
to ye same, to the sd Theophilus Eaton, John Davenport and
other English planters att Quinnypiock, and to their heyres &
assignes for ever, desireing from them, the sd English planters,
to receive such a small portion of land by the rivers side
about two miles beyond ye tree over ye river, in the passage
from hence towards ye townes at Quintecutt, as may be sufficient for his small company, being but tenn men in number,
besides women and children, woh portion of land they desire
may hereafter, upon a view, be assigned, appointed and limited unto them by ye sd English planters, reserveing alsoe to
himlselfe and his forenamed company, liberty in fitt seasons &
due manner without p'judice to ye English, to hunt, & fish, &
kill beaver, yet therein alsoe to be regulated by ye sd English
upon discovery of any annoyance, as the Quinnypiock Indyans
are in that case.
Lastly the said Theophilus Eaton, John Davenport &c accepting from Mantowese this free gift of his hand as above,
doe by way of thankfull retribution, give unto him eleven
coates made of trucking cloth, and one coate for himselfe of
English cloth, made up after the English mafier, wch being
thankfully accepted by the sd Mantowese, and the agreements
in all points pfected, for ratification, and full confirmation 6f
ye same, Mantowese and Sawseunck have hereunto sett their
hands or markes the day and year before written.




INDIAN DEEDS.                    7
Mantowese                 his mrke
Sawseunck          his mrke
I, John Clarke, being interpreter in this treatie, doe hereby
professe in the prsence of God that I have fully acquainted the
Indyans with the substance of every article, to ye wch they
have freely agreed, that is to say yt Mantowese have given to
Mr. Davenport & Mr. Eaton all his land wch he had by his
deceased mother, WCh he saith is from ye head of ye great
playne to the pond wVch he professe to be his, & promise to
make it good to Or English, & for this hee is satisfyed with
twelve coates, onely reserve a piece of land by the river for
his men which are 10 and many squaws, to plant in, & when
Or cowes come there wvhat harme their doggs doe to or cattle,
they will satisfye for, and we for what harme or hoggs doe to
them in come, & as for hunting & fishing, to be free to them
as or'selves, provided or cattle suiffer not by them, & with these
particulars they are acquainted, & doe freely consent to them,
as their marke wittness, the truth of which, if lawfully called,
I shall readily confirme by my oath at any time
per me John Clarke
We Robert Coggswell, Roger Knapp and James Love, doe
hereby renounce all right to any & every part of the forementioned land.
Wittnes our hands hereunto
Robert Coggswell
James Love
Roger Knapp       his mrke.








THE NAMES OF ALL THE FREEMEN
OF THE
COURTE OF NEWHAVEN.
[In the handwriting of Thomas Fugill.]
Mr. Theophilus Eaton.      Mr. A James
Mr. John Davenport.        Mr. Geo: Lamberton
Mr. Robt Newman., Nash
Mr. Math: Gilbert.         Mr. Rich: Perry
Thomas Fugill.             William Peck
John Ponderson             Andrew Hull
Jer. Dixon.                Goodffi Shirman
Mr. Nath: Turner           Goodfni Gibbs
Mr. Eze: Cheurs            Goodfin Liurmoore
William Andrewes.          Tho Ellsey
Mr. Sam: Eaton             Mr. Joshua Attwater
John Clarke                Antony Tompson
John Chapman               Edw Wigglesworth
Robt Seeley                John Vincent
Tho: Geffreyes             Mr. John Wakeman
Rich Hull                  John Benham
Tho: Kimberley             Mr. Stephen Goodyear
Mr. Tho: Gregson           John Potter
John Mosse                 Mr. Jasper Craine
Adam Nicholls              Andrew WVarde   Rip'
Abra: Bell                 Francis Bell
William Thorpe             Rich: Miles
Mr. Francis Newman         Roger Allen
Andrew Low                 Mr. Richard Malbone
Tho: Mounson               Wilt Iues
2




10            NEW HAVEN COLONY RECORDS.            [1639
Francis Browne              Bro: Lalson
John Nash                   Captaine Underhill
Goodma Davis                Rich: Gildersleeve
Mr. Gibberd                 Math: Moulthrop
Goodman Abbott              Goodiff: Preston
Sam: Whitehead              Will Tompson
John Brockett               Hen: Lendall
Richard Law                 Will Fowler
Mathew Camfield             Joh: Cowper
Tristram Rayner             Joseph Nash




NEW HAVEN COLONY RECORDS,
[In the handwriting of Thomas Fugill.]
[1]  The 4th day of the 4th moneth called June 1639, all the
free planters assembled together in a ge[neral] meetinge' to
consult about settling ciuill Gouernmt according  to  God,
and about the nominati0 of persons thatt might be founde by
consent of all fittest in all respects for the foundaco worke of
a church w[hich] was intend to be gathered in Quinipieck.
After solemne invocatio of the name of God in prayer [for]
the presence and help of his speritt, and  grace in those
weighty businesses, they were reminded  of t[lie] busines
whereabout they mett (viz) for the establishmt of such ciuill
order as might be most p[leas]ing vnto God, and for the
chuseing the fittest men for the foundac5 worke of a church
to be gather[ed.]  For the better inableing them  to discerne
the mindle of God and to agree accordingly concerning the
establishmt of ciuill order, Mr. John Davenport propounded
diuers quseres to them  publiquely praying them  to consider
seriously in the presence and feare of God the weight of the
busines they met about, and nott to be rash or sleight in giueing their votes to things they understoode nott, butt to digest
fully and  throughly whatt should be propounded to them,
and without respect to men as they should be satisfied and
pswaded in their owne mindes to giue their answers in such
sort as they would be willing they should stand upon recorde
for posterity.
This being earnestly prssed by Mr. Davenport, Mr. Robt.
-' This meeting took place according to tradition, in a large barn belonging to Mr.
Newman. Dr. Bacon, Hist. Disc. 20, has shown that it was most probably Robert
Newman's, and pointed out its location as being near Temple st., between Elm and
Grove streets.




12           NEW HAVEN COLONY RECORDS.              [1639
Newman was intreated to write in carracters and to read distinctly and audibly in the hearing of all tile people whatt was
propounded and accorded on that itt might appeare thatt all
consented to matters propounded according to words written
by him.
QUiR. 1. Whether the Scripturs doe holde forth a perfect
rule for the directi6 and gouernmt of all men in all duet[ies]
wch they are to performe to God and men as well in the
gourmt of famylyes and coifionwealths as in matters of the
chur.
This was assented vnto by all, no man dissenting as was
expressed by holding up of hands. Afterward itt was read
our to them thatt they might see in whatt words their vote
was expressed: They againe expressed their consent thereto
by holdeing up their hands, no man dissenting.
Qu R. 2. Whereas there was a cout solemnly made by the
whole assembly of freeplanters of this plantati6 the first day of
extraordenary humiliati6 wch we had after wee came together,
thatt as in matters thatt concerne the gathering and ordering
of a chur. so likewise in all publique offices wch concerne
ciuill order, as choyce of magistrates and officers, makeing
and repealing of lawes, devideing allottmts of inheritance and
all things of like nature we would all of vs be ordered by
those rules wch the scripture Iholds forth to vs. This couent
was called a plantatio couent to distinguish itt fro [a] chur.
couent wch could nott att thatt time be mlade, a chur. nott
being then gathered, butt was deferred till a chur. might be
gathered according to God: Itt was demaunded whether all
the free planters doe holde themselues bound by thatt couenant in all businesses of thatt nature wch are expressed in the
couent to submitt themselves to be ordered by the rules held
forth in the scripture.
This also was assented vnto by all, and. no man gainesaid
itt, and they did testefie the same by holde[ing] vp their
hands both when itt was first propounded, and confirmed the
same by holdeing vp their hands when itt was read vnto them
in publique, John Clarke being absent when the couent w[as]
made, doth now manefest his consent to itt, allso Richard




1639]          NEW HAVEN COLONY RECORDS.               13
Beach, Andrew  Low, Goodih Banister, Ar[thur] Halbidge,
John Potter, Robt Hill, John Brockett and John Johnson,
these persons being nott [ad]mitted planters when the couent
was made doth now express their consent to itt.
QunER. 3. Those who have desired to be receiued as free
planters, and are settled in the plantati6 wth a purp[ose,] resoluti6 and desire thatt they may be admitted into chur. fellowp
according to Christ as soone [as] God shall fitt them therevnto: were desired to express itt by holdeing vp of hands:
Accordingly a[ll] did expresse this to be their desire and purpose by holdeing vp their hands twice, (viz) both att the
[pro]posall of itt, and after when these written words were
read vnto them.
QuImR. 4. All the free planters were called vpo to expresse
whether they held themselues bound to esta[blish] such ciuill
order as might best conduce to the secureing of the purity
and peace of the ordina[llces] to themselues and their posterity according to God. In answ. herevnto they expressed by
hold[ing] vp their hands twice as before, thatt they held them
selues bound to establish such [civil order] as might best conduce to the ends aforesaid.
Then Mr. Davenport declared vnto them by the scripture
whatt kinde of persons might best be trusted wth matters of
gouermt, and by sundry argumts from  scripture proued
thatt such men as were discrib[ed] in Exod. 18. 2. Dent. 1.
13, wth Deut. 17. 15, andl. Cor. 6: 1 to 7, ought to be intrusted by them, seeing [tlhey] were free to cast themselues
into thatt mould and forme of comofi wealth wch appeareth
best for them in referrence to the secureing of the pure and
peaceable injoymt of all Christ his ordinances [in] the church
according to God, wherevnto they have bound themselues as
hath beene acknowledged.  Having thus said he satt downe,
praying the company freely to consider whether they would
haue [it] voted att this time or nott:  After some space of
silence Mr. Theophilus Eaton answered itt mi[ght] be voted,
and some others allso spake to the same purpose, none att all
opposeing itt.  Then itt was propounded to vote.
QUER. 5. Whether Free Burgesses shalbe chosen out of chur.




14             NEW HAVEN COLONY RECORDS.            [1639
members they thatt are in the foundat[ion] worke of the
church being actually free burgesses, and to chuse to themselues out of the li[ke] estate of church fellowp and the
power of chuseing magistrates and officers from among themselues and the power off makeing and repealing lawes according to the worde, and the devideing of inheritances and
decideing of differences thatt may arise, and all the buisnesses
of like nature are to be transacted by those free burgesses.
[2] This was putt to-vote and agreed vnto by the lifting vp of
hands twice as in the former itt was done. Then one man'
stood vp after the vote was past, and expressing his dissenting
from the rest in pt yett grantinge 1. That magistrates should
be men fearing God. 2. Thatt the church is the company
whence ordenaryly such men may be expected.  3. Thatt
they that chuse them ought to be men fearing God: onely att
this he stuck, That free planters ought nott to gi-ne this
power out of their hands: Another stood vp and answered
that in this case nothing was done but wth their consent.
The former answered thatt all the free planters ought to
resume this power into their owne hands againe if things were
nott orderly carryed.  Mir. Theoplhilus Eaton answered thatt
in all places they chuse committyes, in like manner the companyes of London chuse the lineryes by whom the publique
magistrates are chosen. In this the rest are not wronged
because they expect in time to be of ye liury themselues, and
to haue the sale power. Some others intreated the formr to glue
his argumts and reasons wherevpo he dissented. lHe refused to
doe itt and said they might nott rationally demaund itt, seeing
lhe lett the vote passe on freely and did nott speake till after itt
was past, because he would nott hinder whatt they agreed up).
Then Mr. Davenport, after a short relati6 of some formr passages betweene them two about this quest. prayed the company
thatt nothing might be concluded by them in this weighty
quest. butt whatt themselues were perswaded to be agreeing
wth the mninde of God and they had heard whatt had beene
said since the voteing, intreated them againe to consider of itt,
and putt itt againe to vote as before.-Againe all of them by
- Probably Rev. Samuel Eaton, see Mather Mag., B. iii, pt. 4, ch. 1.




1639]         NEW HAVEN COLONY RECORDS.                15
holding vp their hands did shew their consent as before, And
some of them professed thatt whereas they did wauer before
they came to the assembly they were now fully convinced thatt
itt is the minde of God. One of them said that in the morning, before he came, reading Deut. 17. 15. he was convinced
att home, another said thatt he came doubting to the assembly
butt he blessed God by whatt had beene said he was now fully
satisfied thatt the choyce of burgesses out of chur. members,
and to intrust those wth the power before spoken off is according-to the minde of God reuealed in the scriptures. All haveing spoken their apprehensions, itt was agreed vpon, and Mr.
Robt Newma was desired to write itt as an order wherevnto
euery one thatt hereafter should be admitted here as planters
should submitt and testefie the same by subscribeing tiheti
names to the order, namely, that church members onely shall
be free burgesses, and thatt they onely shall clhuse magistratec
& officers among themselues to haue the power of transacting
all the publique ciuill affayres of this Plantati), of makeiRg
and repealing lawes, devideing of inbqlritances, decideing of
differences thatt may arise and doeing all things or busineses
of like nature.
This being thus settled as a foundamentall agreemt concer:ning ciuill gouernmt. Mr. Davenport proceeded to propound
some things to consideraco aboute the gathering of a chur.
And to prevent the blemishing of the first beginnings of the
chur. worke, Mr. Davenport aduised thatt the names of such
as were to be admitted might be publiquely propounded, to the
end thatt they who were most approued might be chosen, for
the towne being cast into senerall priuate meetings wherein
they thatt dwelt nearest together ga'ue their'accounts one to
another of Gods gracious worke vpon them, and, prayed together and conferred to their mutuall. edifficatio, sundry of
them had knowledg one of another, and in euery meeting
some one was more approued of all then any other, For this
reason, and to prevent scandalls, the whole company was
intreated to consider whom they found fittest to nominate for
this worke.
QUAE. 6. Whether are you all willing and doe agree in this




16           NEW HAVEN COLONY RECORDS.            [1639
thatt twelue mell be chosen thatt their fitnesse for the foundaco
worke may be tried, howeur there may be more named yett
itt may be in ther power who are chosen to reduce them to
twelue, and itt be in the power of those twelue to chuse out of
themselues seauen that shall be most approved of the major
part to begin the church.
This was agreed vpo by consent of all as was expressed by
holdeing vp of hands, and thatt so many as should be thought
fitt for the foundaco worke of the church shall be propounded
by the plantatio, and written downe and passe wthout exceptio
vnlesse they had giten publique scandall or offence, yett so as
in case of publique scandall or offence, euery one should haue
liberty to propound their exceptio att thatt time publiquely
against any man that should be nominated when all their
names should be writt downe, butt if the offence were priuate,
thatt mens names might be tendered, so many as were offended were intreated to deale wth the offender priuately, and if
h1 geaule nott satisfactio, to bring the matter to the twelue
thbatt they might consider of itt impartially and in the feare of
G-Ld. The names of the persons nominated and agreed vpon
wrce Mr. Theoph. Eaton, Mr. John Davenport, Mr. Robt.;~ewmal, Mr. Math. Gilbert, Mr. Richard Malbon, Mr. Nath:
Turner, Eze: Cheurs, Thomas Fugill, John Ponderson, Williamn Andrewes, and Jer. Dixon. Noe exceptid was brought
against any of those in publique, except one about takeing an
excessine rate for meale wch he sould to one of Pequanack in
his need, wchl he confessed wth griefe and declared thatt
haneing beene smitten in heart and troubled in his conscience,
he restored such a part of the price back againe wth confessio
of his sin to the party as he thought himselfe bound to doe.
And itt being feared thatt the report of the sin was heard farther th[an] the report of his satisfactio, a course was concluded on to make the satisfactio known to as many as heard of
the sinn. Itt was also agreed vpo att the said meeting thatt
if the persons aboue named did finde themselues straitened in
the number of fitt men for the seauen, thatt itt should be free
for them to take into tryal of fittnes such other as they should
thitnke meete, prouided thatt itt should be signified to the




1639]        NEW HAVEN COLONY RECORDS.             17
towne vpon the Lords day who they so take in, thatt eury
man may be satisfied of them according to the course formerly
taken.
[3] Whereas there was a foundamentall agreenmt made in a
generall meeting of all the free planters of this towne, on the
4th of the fowerth moneth called June, namely thatt church
members onely shall be free burgesses, and they onely shall
chuse among them selues magistrates and officers to ha[lve]
the power of transacting all publique ciuill affayres of this
plantati6, of makeing and repeali[ng] lawes, devideing inherritances, decideing of differences thatt may arise, and doeing all
things and businesses of like nature. Itt was therefore ordered by all the said free planters thatt all those thatt hereafter
should be receiued as planters into this plantatio should allso
submitt to the said foundamentall agreemt, and testifie the
same by subscribeing their names vnder the names of the
aforesaid planters as followeth.
Mr Theoph Eaton  John Cooper       John Johnson
Mr John Davenport Jarvis Boykin    Edward Wiggleworth
Mr Sam: Eaton    John Chapman    John Clarke
Mr Robt Newma   Tho: Kimberley   Sam. Whitehead
MIr Math Gilbert  John Benham      John Potter
Mr Nath Turner   Mr Wilkes         Arther Halbidge
Mr Rich. Malbon   Tho: Jeffreyes    Edward Banister
Mr Browninge     Robt. Seely       Wil Potter
Mr Linge         Nicholas Elsey    John Mosse
Mr William Touttle John Budd       John Charles
Mr Cheeuers      Rich. Hull        Richard Beach
Mr Perry         Will Preston      Tymothy Forde
Mr Craine        John Brockett    John Reader
Mr Fran: Newmi  Jer Dixon          John Cogswell
Mr Theo: Yale    Robt. Hill        Mathew Hitchcock
Tho: Fugill      Andrew Low        Francis Hall
William Andrewes Will Thorpe       Richard Osborne
Richard Beckley   John Ponderson   James Clarke
3)




18           NEW HAVEN COLONY RECORDS.            [1639
Andrew Hull       Geo: Smith        Andr. Messenger
Edward Patteson   John Peacock      Geo: Warde
Will Enes         Mathew Moulthrop Lawrence Warde
[The following are autograph signatures.]
Stephen Goodyeare          Ralph Dayghton
Thomas Gregson             William Peckke
Thomas Nash                Anthony Tompson
William Jeanes             Christ. Q 0t Todd
Jno Evance                 John Gibbes
Thomas Munson              John Nash
John Liuermore             Adam A Nicholls
Jeremy Whetnell            Tho 8 Beamont
Luke Atkinson              Josua Atwater
Thomas Morris              Thomas Osborne
William Russill            John Wakeman
Beniamin Willmott          William W  Davis
Thomas Powell              Francis N Browne
James Russell              Robert Pigg
Peter Browne               Nath Merriman
his                  Roger Alling
John  I  Tompson           Henry h Peck
marke                 Marke Pierce
Abraham  3 Bell            Theophilus Higginson
John $ Vincent             Dauid Atwater
Tho: )-    Mitchell        Mathew Camfeld
John 4-f Walker
Beniamin Pawle
Will W  Gibbins
John Hall
Richard Merriman
Edw - Chipperfield
Stenen Metcalfe
William Gibbard




1639]         NEW HAVEN COLONY RECORDS.               19
[In the handwriting of Francis Newmnan.]
FREE MANS CHARGE
[4]  Yow shall neither plott, practise nor consent to any evill
or hurt against this Jurisdiction, or any pte of it, or against
the civill gouerment here established. And if you shall know
any pson, or psons wch intend, plott, or conspire any thing wech
tends to the hurt or prejudice of the same, yow shall timely
discouer the same to lawfull authority here established, and
yow shall assist and bee helpfull in all the affaires of the Jurisdiction, and by all meanes shall promove the publique wellfare
of the same, according to yor place, ability, and opptunity, yow
shall give due honnor to the lawfull magistrats, and shall be
obedient and subject to all the wholesome lawes and orderes,
allready made, or wch shall be hereafter made, by lawfull authority afforesaid.  And that both in yor pson and estate: and
when yow shall be duely called to give yor vote or suffrage in
any election, or touching any other matter, wch concerneth
this common wealth, yow shall give it as in yor conscience yow
shall judg may conduce to the best good of the same.




20               NEW  HAVEN COLONY RECORDS.                 [1639
[In the handwriting of Thomas Fugill,]
[5]                   OCTOBER 25th 1639.
The Court being settled according to the foundamentall
agreemt made the 4th day of June 1639, consisting of those
seauen onely who were in the foundaco of the church, namely
Mr. Theoph. Eaton, Mr. John Davenport, Mr. Robt. Newman
Mr. Math  Gibbert,* Tho. Fugill[], John  Ponderson, and
Jerimy Dixon,t after solemne prayer vnto God did pceede as
followeth.
First all former power or trust for mannaging any publique
affayres in this plantatio, into whose hands soeur formerly
coiffitted, was now abrogated and from henceforeward vtterly
to cease.
Secondly  all those thatt have beene receiued  into  the
fellowPP of this church since the gathering  of itt, or who
being members of other approved church esoffered themselues,
were admitted as members of this court. Namely Mr. Nathanliell Turner, Will Andrewes and Mr. Cheeurs, members of
this church, Mr. Sam: Eaton, John Clark, Leiuetennant Seely
John Chapman, Thomas Jeffreyes and Rich: Hull, members
of other approued churches.
And this charge was giuen and accepted by them.  If you
shall know  any person or persons wch intend, plott, or conspire any thing wch tends to the hurt or prejudice of this Jurisdiction, or the ciuill gournment here settled, you shall forthwth
discouer itt to the magistrates, or to one or more of the Deputies who shalbe chosen and intrusted in the publique occasions of the same, you shall assist and be help full therevnto
wth body, minde and goods, in any thing wch may concerne
the safety or promove the peace and welfare thereof, as God
shall giue abillity and oppertunity.  And you shall be subject
* An error in the recorder for Gilbert.
-t "It appears that the churches of New Haven and Milford were gathered to the
seven pillars on the 22d of August, 1639. The tradition is that soon after Mr. Davenport was chosen pastor of the church at New Haven, and that Mr. Hooker and Mr.
Stone came and assisted in his installation." Trumb. I. 298. Mather, (Mag. B. iii.
ch. 6,) says that they were gathered in two days, one following upon the other, Mr.
Davenport's and Mr. Pruddens, and alludes to the place as being a mighty barn.




1639]         NEW HAVEN COLONY RECORDS.                21
to all lawes and orders wch according to God shall be made
by the court, to the vttmost of yor power.
This being done, the court proceeded to the choyce of a
magistrate and 4 deputyes] to assist in the publique affayres
of the plantatio, Mr. Davenport first opening 2 scriptures (viz)
Deut. 1. 13. and Exod. 18. 21. wherein a magistrate according
to Gods minde is discribed. And Mr. Theoph: Eaton, a member of this church, a man well known and approved by the
court as fittly quallified for thatt office according to the said
discriptio, was by full consent chosen magistrate for the
tearme of one whole yeare. And Mr. Davenport gaue him
his charge grounded vpon Delnt. 1. 16, 17. And Mr. Robert
Newman, Mr. Mathew Gilbert, Mr. Nathainell Turner and
Tho. Fugill was chosen deputyes to assist the magistrate in all
courts called by him for the occasions of the plantatic for the
same tearme of one whole yeare a[nd] receiued their charge
faithfully to assist according to the trust comitted to th[em.]
Tho. Fugill was chosen publique notary, to attend the court
and from time to time to ke[ep] a faithfull recorde of all passages and conclusions of the court, and of whatsoeu[er] else
then or att other times shall by the court or magistrate be
comitted to him concerning the ciuill publique occasions of the
Plantation.
Robt. Seely was chosen marshall, his imploymt and charge
from time to time to warne courts according to the directio of
the magistrate, to serue and execute warrants, to attend the
court att all times, and to be ready and dilligent in his person
or by his deputy to execute the sentences of the court, and in
all other occasios to attend the service of the plantatio in all
things apptaining to his office.
Itt was further agreed thatt there should be a renewing of
the choyce of all offi[cers] euery yeare att a Generall Court to
be held for this plantatio the last weeke in October yearely.
And thatt the worde of God shall be tile onely rule to be
attended vnto in ordering the affayres of gouernment in this
plantatio.




22            NEW HAVEN COLONY RECORDS.          [1639
[6]                OCTOB: 26: 1639.
The ciuill affayres of the plantati& being settled as before,
by the puidence of God an Indian called Messutunck, alias
Nepaupuck, who had beene formerly accused to have murderously shed the bloode of some of the English; of his owne accorde wth a deer's head vpon his back came to Mr. Eatons,
where, by warrant the marshall apprehended and pinioned
him, yett nottwthstanding by the subtillty and treachery of
another Indian his companio, he had allmost made an escape,
butt by the same providence he was againe taken and deliured
into the magistrates power, and by his order safely kept in the
stocks till he might be brought to a due tryall. And the Indian who had attempted his escape was whipped by the marshall his deputy.
OCTO: 28: 1639.
The Quillipieck Indian Sagamour wth dilrs of his Indians
wth him were examined before the the magistrate and the
deputyes for this plantatio concerning Nepaupuck.. They
generally accused him to haue murdered one or more of the
English, and thatt hle had cutt of some of their hands & had
presented them to. Sassacuse the Pequott sachem, boasting
thatt he had killed.them wth his owne hands.
Mewhebato a Quillipieck Indian, kinsman to the aforesaid
Nepaupuck, comeing att the same time to interceed for him,
was examined whatt he knew concerning the murders charged
vpon the said Nepaupuck; att first he pretended ignorance,
butt wth a distracted countenance, and in a trembling manner;
being admonished to speake the truth he did acknowledge him
guilty according to the charge the other Indians had before
made.
All the other Indians wthdrawing, Nepauptuck was brought
in and examined, lie confessed that Nepaupuck was guilty according to the tennure of the form]' charge, butt denyed thatt
he was Nepaupuck. Mewhebato being brought in, after some
signes of sorrow, charged him to his face thatt he had assisted
the Pequotts in murdering the English, this somewhatt abated




1639]         NEW HAVEN COLONY RECORDS.             23
his speritt and boldenesse; butt Wattoone the sonne of Carrahoode a councellor to t'he Quillipieck Indian sagamour comeing in, charged him more perticularly thatt he had killed
Abraham Finch an English man att Weathersfield and thatt
he himselfe, the said Wattoone, stood vpon the island att
Weathersfield and beheld him the said Nepaupuck now present acting the said murder.
Lastly the Quillipieck sagamor and the rest of the Indians
being called in, to his face affirmed thatt he was Nepaupuck,
and thatt he had murdered one or more of the English as
before.
Nepaupuck being by the concurrence of testimony convinced, he confessed he was the man namely Nepaupuck, and
boasted he was a great captaine, had murdered Abraham
Finch, and had his hands in other English blood, he said he
knew he must dye, and was nott afraid of itt, butt layd his
neck to the matletree of the chimney, desireing thatt his head
might be cutt of, or thatt he might dye in any other manner
the English should appoynt, onely he said fire was God, and
God was angry wth him, therefore he would nott fall into his
hands. After this lie was retourned to the stocks and as
before a watch appoynted for his safe custody.
A GENERALL COURT 29: OF OCTOB: 1639:
A Generall Court being assembled to proceed against the
said Indian Nepaupuck who was then brought to the barre,
and being examined as before, att the first he denyed thatt he
was thatt Nepaupuck wch had comitted those murders
wherewth he was charged, butt when he see that the Quillipeck Sagamour and his Indians did againe accuse him to his
face, lie confessed thatt he had his hand in the murder of Abraham Finch, butt yett he said there was a Mohauke of thatt
name thatt had killed more then hee.
Wattoone affirmed to his face thatt he, the said Nepaupuck,
did nott onely kill Abraham Finch, butt was one of them thatt
killed the 3 men in the boate or shallop on Connectecutt riuer,




24            NEW HAVEN COLONY RECORDS.           [1639
and thatt there was but one Nepaupuck and this was he, and
the same thatt tooke a childe of Mr. Swaines att Weathersfield.
Then the said Nepaupuck being asked if he would nott confess
yt he deserved to dye, he answered, it is weregin.
The Court haue had such pregnant proofe, proceeded to
pass sentence vpon him according to the nature of the fact
and the rule in thatt case, he thatt sheds mans blood, by man
shall his blood be shed, accordingly his head was cutt off the
next day and pittched vpon a pole in the markett place.
[7]- A COURT HOLDEN THE 3d OF NOUEMBER 1639.
Thomas Kimberley was admitted member of the court and
recived his charge.
Itt is ordered that Mr. Samuell Eaton, Captaine Turner, Robt
Newman and Thomas Fugill shall treate wth the Hartfordeshire men about their lotts, to see if they will part wth them
and vpon what tearmes.
Itt is ordered thatt gates shalbe made att the end of every
streete att the outside of the Towne, wth all the outside fences.
Mr. Eaton shall appoynt the men to doe itt.
Itt is ordered thatt Mr. Hopkins shall have two hogsheads
of lime for his present vse, and as much more as will finnish
his house as he now intends itt, he thinking that two hogsheads more will serve.
Itt is ordered that Mr. Gilbert and Goodman Andrewes shall
veiwe the creeke by the landing place, to see if lotts may be
layd out there wthout prejudice to ye towne.
Itt is ordered thatt Mir. Eaton, Mr. Sam: Eaton, Captaine
Turner, Robt Newma, Mathew Gilbert, Thomas Fugill and
Goodman Andwewes shall advise together about laying out
allottments for inherritance.
Itt is ordered thatt Mr. James shall have Francis Parrotts
lott.
Thomas Badger being accused vpon suspiti6 of stealing
mony fri  Edward Cox, boatswaine of the Exetor marchant,
was referred to further proofe.




1639]         NEW HAVEN COLONY RECORDS.                25
A GENr1l COURT THE 25 OF NOUEMBER 1639.
Itt is ordered that after this day no man shall cutt any tiumber downe butt where he shall be assigned by the magistrate,
except on his owne ground.
Itt is ordered thatt Leivetennaint Seeley and Goodff Andwewes shall walke the woods, and if they filde any timber
lyeing in the woods vncroscutt and squared, and acquaint the
magistrate therewth, they shall have liberty to seiz vpon it,
halfe foil themselves, and halfe for the towne, the Yorkshire
mens timber onely excepted: that timber wch is squared and
crosscutt, time is given till the last of jMIarch next to fetch it
home.
Itt is ordered that a meeting house shall be built forthwth,
fifty foote square, and that the carpenters shall fall timber
where they call finde it till allotmts be layd out and men
know their owne proprietyes.
Itt is ordered that Mr. Gregson & Mr. Evance shall have
fower dayes liberty after this day to square their timber before
the former order take holde of them.
Whereas the building of the meeting house will cost 5001
wch will require a rate of 30s in every hundred pounds, itt is
therefore ordered thatt the said rate shall be estreeted and
payd att 3 severall payments (viz.) the first forthwth, the second in March next, and the third in May next after, and wth
this every one that are behinde with the form' rate of 25s vpon
every hundredI are now to pay itt allso.
Itt is ordered thatt Mr. Eaton, Mr. Davenport, Robt Newman, Mathew Gilbert, Captaine Turner and Thomas Fugill
shall from hence forward have the disposeing of all the house
lotts yett vndisposed of about this towne, to such persons as
they shall judge meete for the good of the plantatio, and thatt
none shall come to dwell as planters here wthout their consent
and allowance, whether they come in by purchase or otherwise.
Ittis ordered thatt every one that beares armes shall be
compleatly furnished wth armes (viz), a muskett, a sworde,
bandaleers, a rest, a pound of powder, 20 bullets fitted to
4




26          NEW HAVEN COLONY RECORDS.             [1639
their muskett, or 4 pound of pistoll shott or swan shott att
least, and be ready to show them in the markett place vpon
Munday the 16th of this Moneth before Captaine Turner and
Leivtennant Seely vnder the penalty 20s fine for eUiry default
or absen[ce].
[8]         A COURT HOLDEN 4th OF DECEMBER
1639.
Itt is ordered that Thomas Saule shall agree wth Goodma
Spinnage before the next court, or else the court will determine the difference betweene them.
Roger Duhurst and James Stewart are injoined to make
double restitutio to John Cockerill for five pound and seaventeene shillings wch they stole out of his chist on the Lords day
in the meeting time, and they being servants to the said Cockerell, for wch aggravatio they were whipped allso.
Thomas Manchester, servant to Mr. Perry being accused by
his Mar for being druncke, and for giveing his Mar vncolely
language for wch his Mar having given him some correctio,
the court (onely) caused him to be sett in the stocks for a
certaine time.
Nicholas Tanner, servant to the said Mr. Perry, for drunkennes and abuseing his Mar in wordes, was whipped.
A GENERALL COURT THE 4th OF JAN:
1639.
Itt is agreed by the towne and accordingly ordered by the
court thatt the Neck shall be planted or sowen for the tearme
of seaven yeares, and that John Brockett shall goe about laying it out forthwth, and all differences betwixt pty and pty
aboute ground formerly broke vp and planted by English there
shall be arbitrated by indifferent men wch shall be chosen to
that end.
Itt is ordered thatt Mr. Davenports quarter, Mr. Eatons,
Mr. NeWmans and Mr Tenches quarters shall have their first




1639]         NEW HAVEN COLONY RECORDS.                27
divisi~ of upland to begin att the sea side after the small lotts
are layd out, and so goe on to the cow pasture, and to have
their meaddow in the east meaddowes.  And Mr. Evance
quarter, Mr. Fowlers, Mr. Gregsons, Mr. Lambertons and the
subburbs, are to begin wth their lands att the oyster poynt,
and so come on to the oxe pasture in order, and to have their
meaddow in the west meadowes, in the meadowes called Mr.
Malbon meadow., on thle Indian side, and in the sollitary cove.
Allso that the cow pasture shall begin on the hither side of
the Beever ponds, and the oxe pasture on the farre side of the
Bever pond, and the way to them both to begin att Mr. Tenches corner.
Itt is ordered thatt no planter or planters shall make purchase of any lands or plantatio fro the Indians or others for
their owne private vse or advantage, butt in the name & for
the vse of the whole plantatio.
Itt is ordered that some speedy course shall be taken to
keepe hogs out of the neck.
It is ordered thatt a convenient way to the hay place be left
comY  for all the towne.
Itt is ordered thatt no cattell belonging to this towne shall
goe wthout a keeper after the first of ilMay next.
Itt is ordered thatt those thatt kill wolves and foxes shall
have for every wolfe head 15S and for every foxe head 2s 6d,
and if any by setting guns or traps shall hap to kill any hogs
or other cattell, the towne is to beare the damage till some
other course be determined.
~Memorancd. Itt is agreed that Mr. Evance quarter shall
have their meadow in the East meadowes.
Itt was agreed that every planter in the towne shall have a
proporti6 of land according to the proportio of estate wch he
hath given in, and number of heads in his famyly, (viz) in the
first divisio of upland & meadow 5 acres for every hundred
pound, [an]d 5 acres for every two heads, of upland, butt
halfe an acre of meadow to a head [and] in the necke an acre
to every hundred pound, and halfe an acre to every head.




28             NEW HAVEN COLONY RECORDS.              [1639
[9]         A COURT HOLDEN THE 5th OF FEBR.
1639.
Itt is ordered by the court, thatt Mr. Malbon and John
Reader, and whosoever else hath any thing to doe wth the estate
of William Thorpe, late deceased, shall appeare att the next
court for the settleing of thatt busines.
Itt is ordered thatt brother Turner shall see a true inventory taken of Mrs Higginsons; goods, thatt itt may be given
into the court upon oath.
Itt is ordered thatt Thomas Saule shall pay 5s in the weeke
to Mr. Evance, to lye in his hands (for the securing of Goodman Spifiage in respect of his dame to the said Tho: Saule)
and thereupon Mr. Evance doth hereby ingage hirnselfe for the
said mony vntill the said Thomas Saule shall neglect to pay
the said mony according to ords.
Itt is ordered thatt brother Andrewes, bro: Kimberley,
William Eves and Sergeant Beckley shall assist Mr. Ling to
ripen Goodman Taps busines against the next court, concerning his demaulnd of certaine mornyes wch lie disbursed for
bringing cattell from the Bay, appertayning to divers persons.
Itt is ordered that bro: Andrewes shall detaine somuch of
Robt Camnpian his wages in his hands as may secure a debt of
31 wch Mr. AMoulenor deniaunds of the said Robt.
Itt is ordered thatt Mr. MAouClenor shall pay to Mr. Perry 10s
wch he owes to him.
Itt is ordered thatt Mr. Wilks shall pay 5 bushells and a halfe
of indian come to Thomas Buckingham for corne destroyed
by Mr. Wilks his hogs.
Isaiah, Captaine Turners marn, fined 51 for being druncke on
the Lords day.
William Bromfield, Mr. Malbons man, was sett in the stocks
for prophaining the Lords day and stealing wine from his Ma'
wch he drunk and gave to others.
Ellice, Mr. Eatons boy, was whipped for stealing a sow and
a goate fr6 his Mar and selling them.
David Anderson was whipped for being drunke.
- Widow of Rev. Francis Higginson. For an account of his life see Mather, Mag. iii,
p. 12, ch. 1, and Gen. Reg. 6, 105. She may have been a relative, perhaps sister, of
Governor Eatono




1639]          NEW HAVEN COLONY RECORDS.                    29
John Jenner accused for being drunke wth strong waters was
acquitted, itt appearing to be of infirmyty & occasioned by the
extremyty of the colde.
Mr. Moulenor, accused of being drunke, butt nott clearely
proved, was respited.
Peter Browne licenced to bake to sell, so long as he gives no
offence in itt justly.
A GENERALL COURT THE 18 OF FEB:
1639.
Mr. Gregson and John Mosse were admitted members of the
court.
John Charles was forbiden to draw wine because there hath
beene much disorder by itt.
Goodman Loue was whipped and sent out of the plantatio,
being nott onely a disorderly person himselfe, butt an incourager of others to disorderly drinking meetings.
George Spencer being prophaine and disorderly in his whole
conversatio and an abettor of others to sin, and drawing on
others into a conspericie to carry away the Cock' to Virgenia
was whipped and sent out of the plantatio.
John Proute, Hen: Brasier and Will Bromfield was whipped for joyning in the aforesaid conspericie, and the said Hen:
and William were ordered to weare irons dureing the magistrats pleasure.
[10]                25th OF FEB: 1639.
Mrs. Higgingson, late planter of Quillipieck dyeing wthout
makeing her will, & leaveing behinde her eight children, an
inventory of her estate being taken, the court disposed of her
estate and children as followeth wth the consent and approbatio of Mr. John Higginson her eldest sonne.t
t The name of a small vessel.
t Rev. John Higginson was born in England Aug. 6, 1616. Some time after the
death of his father with whom he came to this country in 1629, he was the instructor
of a school at Hartford, his mother with six of her children being somewhat dependent upon his exertions for her support; after this he was chaplain at Saybrook fort




30             NEW HAVEN COLONY RECORDS.             [1639
The said John Higginson, the charges of his educatio considered, is onely to have his fathers books, together wth the
value of 51 in bedding for his porco.
Francis Higginson the second sonne and Tymothy the third
sonne, their educatio allso considered, are to have each of them
twenty pounds for their portions.
Theophilus Higginson though well educated, yett in regard
of his helpfullnes to his mother and her estate, is to have forty
pounds for his portio.
Samuell Higginson is allso to have 401 for his portio, and to
be wth Mr. Eaton as his servant for the full tearme of 2 yeares
from the first of March next ensueing.
Theophilus and Samuell are to have the lott wth all the
accommodatios belonging therevnto, equally to be devided
betwixt thle, for fifty pounds of their porti6s.
Anne Higginson her daughter, is to have forty pounds for
her portic and her mothers olde clothes, together wth the
remainder of the estate when the debts and other portions are
payd.
Charles Higginson is to have 401 to his portio, and to be wth
Thomas Fugill as his apprentice vnto the full end and tearme
of nine yeares from the first of March next ensueing the date
hereof.  And the said Tho: Fugill is to finde him what is convenient for him as a servant, and to keepe him att schoole one
yeare, or else to advantage him as much in his educatid as a
years learning comes to, and he is to have the benifitt of the
vse of his portia till the said tearme be expired, and att the
end thereof to pay itt to the said Charles Higginson, if he live
till the said nine years be expired, butt if he dye before, then
the said Thomas Fugill is to pay the said porti6 to the rest of
his brothers thatt are alive att the eild of the said nine yeares.
Neophitus Higginson being wth Mr. ioffe in the Bay of
Mattacusetts, is to remaine wth him and to be brought vp by
him till he attayne the full age of 21 yeares, and in the meane
time, Mr. Hough is to have 401 of the estate, wch he is to pay
several years. In 1641 he went to Guilford and became assistant to Mr. Whitfield
whose daughter he married. He was chosen one of the seven pillars there in 1643.
He left Guilford in 1659. Allen, etc.




1640]          NEW HAVEN COLONY RECORDS.                 31
to the said Neofatus att the end of the said tearme as his
porti6.
When the farme att Sawgus is sould itt is to be equally
devided among the brothers.
ATT A COURT HELD THE 5th OF MARCH 1639:
Whereas a will was made by Nathaniell Axtell the 27th of
Jan: 1639*, before his goeing into olde England, and left in
the hands of Goodman Miles for the disposeing of his estate
wch he left allso in the hands of the said Richard Miles, and
he being now departed this life, It is ordered by the court
thatt a true inventory of all his goods in this place be taken
by Captaine Turner and Goodma Miles, till further course be
taken about them.
Itt was ordered that Mr. Gregson and Mr. Gilbert should
prize the goods of George Spencer.
Itt was ordered that Mr. Johnson shall have the cellar that
Thomas Welch lived in to make a warehouse off, onely to lay
goods in itt while he hath neede of itt for that vse, and then
liberty to sell itt (as itt shall be judged), to some planter wth
the consent of the court not claymeing any propriety in the
ground as inherritance.
Mr. Lambertons man, Hen. Brasier, was freed fro his chaines
fro hence forward.  Will Bromfield and Tho: Manchestr are
to weare theirs a weeke longer.
[11]    A COURT HOLDEN THE 3d OF APRILL 1640.
Itt is ordered thatt Mr. Fowler, John Cockerill and Leivetenant Seeley shall prize the goods of Tho: Ashby and Tho:
Johnson who were lately drowned.
Itt is ordered that John Reader in whose hands William
Thorps goods was left, shall have them forth comeing so as to
t The will is not preserved, but Dr. Bacon perhaps overlooked this record when he
conjectured Edward Tench's will to have been the first made in New Haven. Hist.
Disc. 327.




32            NEW HAVEN COLONY RECORDS.           [1640
give a good accoumpt of them  att the next court, or when
he shall be called, thatt those to whom he was ingaged may be
satisfied.
Itt is ordered thatt brother Andrewes and brother Mounson
shall veiw the grounds of difference betwixt Mr. Malbon and
Thomas Moulenor the elder, and acquaint Mr. Turner, Mr.
Gilbert, Mr. Lamberton and Thomas Fugill wth the same, who
are desired to end the same if they can, or else to certyfye
where the impediment lyes.
Itt is ordered thatt Mr. Malbon and Goodman Potter shall
equally share in the losse of 24s due vnto them  fro George
Spencer, because there is not sufficient to satisfy them both to
the full.
Itt is ordered that Arther Halbidge shall pay 40s fine for
falling trees and selling clapboard, contrary to the orders in
that case.
Itt is ordered thatt the mony left (in the hands of Mr.
Browning) by John Dyer, shall be reserved to secure a debtt
and satisfie the demands of bro: Andrewes.
Itt is ordered thatt the gates att the ends of the neck bridge,
and the way to itt be made convenient forthwth.
itt is ordered thatt John Mosse, Tymothy Forde and Richard
Beach shall pay each of them Is fine for trees wch they did
fall disorderly.
IHen: Akerlye was rebuked for building a cellar and selling
itt wthout leave.
Itt is ordered that all the trained band shalbe in the markett place the 3d day next weeke by 7 a clock in the morning
wth their armes compleat.
A COURT HOLDEN THE 6t OF MAY 1640.
Itt was ordered thatt Mr. Fowler and John Cockerill shall
have the goods of the 2 men thatt was drowned, to satisfie
their debt so -far as itt will goe; pvided, thatt if any other
shall lay just dame to the said goods, then they are to be




1640]         NEW HAVEN COLONY RECORDS.              33
equally devided among the credetors according to their proportia.
Itt is ordered thatt a measurer shall be appoynted to measure all the come thatt comes into the plantatia to be solde,
and for that end a role shall be made to strike the bushell wth.
Liberty granted to Mr. Gregson, bro: Andrewes and Goodfif
Warde to lett their timber lye in the woods for the space of 2
moneths wthout forfeiture.
An account deliured into the court by Mr. Lamberton betwixt himselfe and Goodiy Spencer whom he imployed as his
steward att sea in his voyage hither, for wch service he allows
him 51 10S for the whole voyage, butt whereas he dyed before
he had served halfe the voyage, he desired that Roger Allen
who suc-ceeded him should have the one halfe of the hyer,
and promised that if more wages were ordenaryly allowed in
that place for thatt voyage, he will allow as much to the said
Goodma Spencer, and wthall that he will be ready att any
time to make oath of the truth of that account wch he had
given in, wth wch Mr. Fowler, and Goodma Tapps were satisfied, (who were intrusted for the child of the said Spencer late
desceased.)
[12]     A COURT HOLDEN THE THIRD OF JUNE 1640.
GENrll.
All the Mars of the watches received their charge and
orders as followeth,
1. The drummr is to beat the drum att the goeing downe
of the sunne.
2 The Mar of the watch is to be att the court of guarde
wthin halfe an hower after the setting of the sun wth his
armes compleate.
3 All the watchmen are to be there wthin an hower after
the setting of the sun, wth their armes compleate, and their
guns ready charged, and if any of them come after the time
appoynted, or be defective in their armes, they are to pay Is
fine, for totall absence 5s fine. And if the Mar of the watch
transgresse, either in late comeing, defectivenes in armes or
5




34            NEW HAVEN COLONY RECORDS.           [1640
totall absence, his fine is to be double to the watchmens
fine in like case.
4 The Mr of the watch is to sett the watch an hower after
sunsett, devideing the night into 3 watches, sending forth two
and two together to walke their turnes, as well wthout the
towne as wthin the towne and the subvrbs allso, and to bring
to the court of guard any person or persons whom they shall
finde disorderly or in a suspitious manner wthin dores or wthout, wther English or or Indians, or any other straingers whatsoeur and keepe them there safe untill the morning, and then
bring them before one of the magistrates.
If the watchmen in any part of their watch see any apparent comofi danger wch they cannott otherwise prevent or stop,
then they are to make an alara by discharging their two guns
wch are to be answered by him thatt stands att the dore to
keepe sentinell, and that allso seconded by beating of the dra.
And if the danger be by fire, then with the alara the watchni
are to cry fire, fire. And if itt be by the discovery of an
enemy, then they are to cry arme, arme, all the towne our,
yett so as to leave a guard att the court of guard.
5. The Mar is to take care that one man alwayes stand sentinell in a sentinell posture wthoutthe watch house to hearken
dilligently after the watchmen, and see that no manl come
neare the watch house or court of guarde; no, not those of the
prsent watch who have beene walking the round, but that he
require them to stand and call forth the Mar of the watch to
questio, proceed or receive them as he shall see cause. The
Mar of the watch is allso to see that none of the watchmen
sleepe att all, and thatt none of their guns remaine vncharged
till the watch breake up (and then they may discharge), and
allso that no man lay aside his armes while the watch continues.
6. Every Mr of the watch in his course, is to warne both
his owne watch and the Mr of the succeeding watch, fower and
twenty howers before they are to watch, and not to doe itt
sleightly, butt either to warne the psons themselves, or to
leave the warning wth some sufficient for such a trust.
Lastly, if any Mar of the watch shall faile either in the




1640]          NEW HAVEN COLONY RECORDS.                  35
warning or ordering of the watch in any of the forenamed
pticulars, or shall breake vp the watch in the morning before
itt have beene full halfe an hower day light, or neglect to complaine to one of the magistrates of the neglects or defects of
any of the watchmen, he is to be fined by the court according
to the quallity of his offence.
Edward Bannister, for his contempt of the court, and therein
the ordinance of God, was fined twenty shillings.
Edward Woodeliff for slaundering his Mars wife was whipped
seveerly and sent out of the plantati5, being a pestilent fellow,
and a corrupter of others.
Nathaniell Axtell his will, and inventory of his goods deliuered into the court.
[13] - A GENERALL COURT HELDE THE 11tl' OF JUNE 1640.
Mr. James, Adam  Nicholls, Abraham  Bell, Francis Newman, Andrew Low and Thomas Mounson was made freemen,
and admitted members of the court, and accepted the charge
of freemen.
Itt was ordered thatt comodityes well bought in England
for ready molly, shall nott be solde here above 3d in the shilling for proffitt and  adventure above what they cost wthl
charges, when solde by retayle, when solde by the peece or
vessell by wholesaile, lesse proffitt may suffize.
When bought from ships or other vessells here, not above
30bo in the shilling by retale, nor above a peny in the shilling
by wholesaile.  Butt comodityes of a perishing nar, subject to
waste and damage, fall not vnder the former rates, yet the
rates to be so ordered that neither buyer nor seller suffer in
the rates.
Comodityes bought and brought fro the Bay, Connectecutt,
Virgenia or other places, to be in proportio moderated in the
prises, according to the adventures and nature of the com_
odityes.
"Obolus is now usually taken to signify our half penny; but in old time it signified the half noble; the noble was then called penny, and its quarter a farthing."
Bailey's Dict.




36            NEW HIAVEN COLONY RECOnDS.          [1640
In callings wch require skill and strength, as carpenters,
joyners, plasterers, bricklayers, shipcarpenters, coopers and
the like, mar workemen not to take above 2s 6d a day in sumr,
in wch men may worke 12 howers, butt lesse then 10 howers
dilligently improved in worke cannot be accounted nor may
be admitted for a full dayes worke, nor in winter above 2s a
day, in wch att least 8 howers to be dilligently improved in
worke. And by advice of approved mr workemen the names
of others who in their severall trades are to be allowed for mr
workemen are to be sett downe. Butt all workemen in the
former and like trades, who are not as yet allowed to passe
vnder the names of mar workemen, not to take above 2s a day
in sumr and 20d a day in winter, they improveing their time
in worke both in sumr and winter as above expressed.
Planters and laborers, experienced and dilligent in their
way, not to take above 23 a day in sumr, and not above 18d in
winter improveing their time as above, and others in proportio, as they may deserve, and boyes to have wages in sumr and
winter in seu'rall imploymts according to the service they doe,
wch shall be judged, (when anlly doubt ariseth), by honest and
indifferent men.
For goeing wth boats of seuerall sorts, the man not above
2s a tyde, the whole tyde being dilligently improved according
to the nature of that imploymt.
And for boates, according to their quallity and burden. A
lighter of 16 tunne wth a boate or cannow wth her, not above
3s a tide, and one of 12 tunne, with a boate, not above 2s 6d a
tide. A shallop of 4 tunne, not above 1s a tide, and so in respective proportio. Butt in such raines or stormes that goods
cannot be laden without spoyling, nor the boate stirr though
the tide serve, no paymt to be made for the boate in such tides,
though the man be paid while he attends the service.
Sawing by the hundred not above 4s 6d for boards. 5s for
planeks. 5s 6d for slitworke and to be payd for no more
than they cutt full and true measure. If by the dayes worke,
the top man or he that guides the worke and phaps findes the
tooles, not above 2s 6d a day in solr, and the pitt ma, and he
whose skill and charge is lesse, not above 2s, and a proportion



1640]          NEW HAVEN COLONY RECORDS.                 37
able in winter as before. If they be equall in skill and charge,
then to agree or divide the 4s 6d betwixt them.
Falling of timber, that wch is full 2 foote our or above, one
wth another not above 3d a foote; lesser timber, being yett
full 18 inches our and under 2 foote, not above 2d a foote; all
other trees of lesser size not 18 inches our, either by dayes
wages, or as shall be reasonably agreed. Crosscutting, by the
day, as other labors, or as shall be agreed wth equity.
Hewing and squaring timber of severall sizes, one wth
another, butt the least 15 inches square, well done that a
karfe' or planke of 2 inches thicke being taken off on 2 sides,
the rest may be square for boards or for other vse, not above 18d
a tun girt measure. And for timber sleightly hewen a price
proportionable, or by day wages. As for sills, beames, plates
or such like timber, square hewen to build wth, not above a
peny a foote running measure.
[14]  Mowing, when by the acre, not above 3s salt marsh, nor
above 2s 6d fresh marsh, when by the day, not above 2s 6d,
and this to be of skilfull mowers, dilligently improveing their
time and skill. A skillfull thatcher, working dilligently, not
above 2s 6d a day.
Fenceing wth pales, as houslotts, now  are, for felling and
cleaveing posts and railes, crosscutting, hewing, mortising, digging holes, setting vp and nailing on the pales, the worke
being in all the pts well wrought and finished, not above 2s a
rod, butt in this price pales and carting of the stuffe not included. Fencing wth 5 railes, substantiall posts, good railes,
well wrought, sett vp and rafiied, that pigs, swine, goates and
other cattell may be kept out, not above 2s a rod. Fencing
wth 3 railes, good stuff, well wrought and finished, not above
18d the rod.
Substantiall posts sould in the woods, not above 9s or 10s
by the hundred, being in length and goodnes answerable to
the price. Good railes, 11 foote long, some of them 7, some
6, butt the least in the smallest pt of itt not less then 5 inches
" " Kerf, the way made by the saw or the away slit in a piece of timber or board.
The sawn away slit between two pieces of stuff is called a kerf." Bailey's Diet.




38          NEW HAVEN COLONY RECORDS.             [1640
broade, one wth another one wth another indifferently sorted,
not above 7s the- hundred.
Inch bords to be sould in the woods nott above 5s 9d iY
hundred.
halfe inch boards in the woods not above 5-2 Pi 1QO.
2 inch planke in the woods not above 7 —O0 1P 100.
inch boards sould in the towne not above 7-9 P 100.
halfe inch boards in the towne, nott above 6-2 iP 100.
2 inch planke in the towne not above 11-0 IY 100.
Sawen timber 6 inches broad and 3 inches thicke }   fard
in the woods rufiing measure not above      iF foote.
in the towne not above Id iF foote.
Sawne timber 8 inches square running measure in   Id)  d
the woods not above                         |   foote.
in the towne not above 2d iF foote.
Clapboards in the woods, good stuffe, not above 4s 0 oi
100. 6 foote long 3s 6d. 5 foote and 4 foote 3s 0 iF hundred;
hewing and nailing them on roofes and sides of houses, well
done not worth above 5s F hundred, butt as most are done,
not worth above 2s 6d. Shingle, good stuff ~ of aninch, and
6 or 7 or 8 inches broad, sorted in the woods, being 3 foote 2s
6d i hundred. 2 foote 2s. 14 inches 1s P hundred, butt if
defective, price accordingly.
Lime well burnt vnslaked, and brought by water to the
landing place of the towne? by the bushell heaped, not above
9d the bushell, by the hogshead, full gage and so putt in that
when carted from the water side to the place where it shall be
vsed the hogshead may yet remaine full, not above 5s8 F hhd.
A COURT HOLDEN THE It OF JULY 1640.
Daniell Fuller for neglect of his watch was fined three shillings.
Thomas Parsons and John   A,servants to Elias Parkmore were whipped for their sinfull dalliance and folly wth
Lidia Browne.
Andwew Low the sonne of Andrew Low, was whipped for




1640]           NEW HAVEN COLONY RECORDS.                   39
runing fro his mar and stealing fruite out of Goodman
Wards lott or garden.
Tho: Chambers being accused for scoffing at religio, it not
being sufficiently proved, he was dismissed onely wth an admonitiO and cautio.
Arthur Halbidg being charged wth falce measure in lime,
was respited till another court for a more full testimony.
[15]   A  COURT HOLDEN THE 5th OF AUGUST 1640.
Itt was ordered thatt Thomas Games shall pay vnto John
Moody or his assigns, 500 weight of good tobacco, wch should
have beene payd 14 or 15 moneths agoe.  In considerajon
whereof, the court doth order the said Thomas Games to pay
vnto the said John Moody g a hundred weight more of tobacco for the forbearance of itt so long a time.
John Cockerill received in the court 3-8-10 of the mony
of Thomas Johnson, vpon condicofi yt he shall repay itt into
the court in case any others shall lay clame to the same and
require satisfactio.
Itt is ordered that Mr. Craine shall pay the rates due for Mr.
Roe' to pay, in consideration of his lott and estate here given
in: and thatt if he come not the next yeare, the lott shall be
att the towns dispose, and the rates payd for him to be deducted out of his estate here in cattell when they are soulde.
Goodffi Osborne fined 5s for neglecting to warne the watch
mar next succeding his owne, whereby the watch was neglected 3 nights.
Brother Perry was fined one shilling for warning his watch
too late, tho the watch was not neglected.
Owen Rowe was a tradesman in London and of the company designed for New
England, and had in 1636 a lot laid out in Boston. Upon the change of times he chose
to remain in London, became a colonel in the great civil war and one of the regicide
judges. He died in the Tower on Christmas day 1661. Hutch. Coill., 59. Savage
Winth. I, 475. (Ed. of 1853.)




40            NEW HAVEN COLONY RECORDS.             [1640
ATT A GENrlI COURT HELD THE It OF THE 7th MONETH 1640.
Mr. Lamberton and Thomas Nash was admitted members
of the court and received the freemans charge.
Itt is ordered that all men thatt have nott yet payd in all
the olde rates for the comma charges of the towne, shall pay
itt wthin 14 dayes after the date hereof, or else some other
course must be taken to compell them. And allso thatt
another rate be forthwth estreeted of 2001, halfe vpo estates
and halfe vpon lands.
Mr. Turner was chosen Captaine to have the comaund and
ordering of all martiall affayres of this plantatio, as setting and
ordering of watches, exerciseing and training of souldiers and
whatsoeur of like nature appertaining to his office; all wch
he is to doe wth all faithfullnes and dilligence, and be ready
att all times to doe whatsoeur service the occasions of the
towne requires or may require.
Itt is ordered that eury man that is appoynted to watch
whether mrs or servants, shall come every Lords day to the
meeting compleatly armed, and all others also are to bring
their swords, no man exempted save Mr. Eaton, or pastor, Mr.
James, Mr. Samuell Eaton and the 2 deacons.*
The plantatio of Totokett is granted to Mr. Samuell Eaton
for such friends as he shall bring ouer from olde England, and
vp6 such tearmes as shall be agreed betwixt himselfe'& the
comitty chosen to that purpose, (namely) Mr. Eaton and the
4 deputyes.
This towne now named Newhaven.
Itt is ordered that when Mr. Roes lott shalbe fenced in, Or
pastor shall have a way or passage left 8 foote broad betwixt
it and Mr. Craines lott, yt he may goe out of his owne garden
to the meeting house.
Itt is ordered thatt none in this plantatio shall either sell or
lett a lott to any strainger for yeares wthout allowance fro the
court.
Itt is ordered thatt att this day every yeare all the ram
goates in the towne shall either be side stringed or some other
*t Matthew Gilbert and Robert Newman.




1640]         NEW HAVEN COLONY RECORDS.             41
course taken wth them so as they cannot ram the ewes till the
fittest season.
A peece of ground granted to Mr. Lamberton for a yeard to
his sellar by the west creeke, butt to be veiwed by the comitty
chosen to dispose of all the lotts and lands aboute the towne,
and sett out by them to him, vpo these tearmes, (viz) that he
shall give for the ground whatt they shall appoynt, and sell
both house and lott at what time and to whom the court shall
approve of, and that att a reasonable price.
[16]  ATT A COURT HELD ATT NEWHAVEN THE 2d OF 7 MI; 1640.
Itt is ordered that Leivetent Seely shall pay vnto John
Cockerill 141 11s either in mony, corne or cattell, as they shall
be indifferently prized by indifferent men wch shall be chosen
by them for that end.
Tho: Saule doth acknowledg himselfe bound in the suffi of
201, to be leavied of his goods and chattells for publique vse
of this towne, vpon condijon thatt he satisfie the just demaunds
of Humphra Spinage when soeur he shall be called to an account aboute a dame wch the said Spinage doth make in the
behalfe of one in London.
Itt is ordered thatt Goodman Chapman shall forthwth pay
vnto Job. Cockerill the so of 5' 10s wch he is indebted to him.
Robt Cogswell is ordered to pay vnto Mr. Attwater and his
bro: David the mony wch he owes them, before the next court.
A difference betwixt Mr. Craine and Captaine Turner refered
to bro: Gilbert and bro: Newfin to arbitrate.
Richard Mansfield fined 2s for neglecting his watch.
The men appoynted to veiw the meaddowes, to sett downe
before lotts be cast, what allowance is equall to be cast into the
acre where the meadowes are bad, Benjamin Linge, William
Andrewes, Richard Perry, Will Touttle, Jasper Craine, John
Chapman, Mr. Lamberton, Robt Seely, John Wakeman, Rich:
Miles, Thomas Welch, Anthony Tompson, John Ponderson,
Fran. Newman and Jer: Dixon.
6




42           NEW HAVEN COLONY RECORDS.           [1640
ATT A COURT HELD ATT NEWHAVEN THE 6t OF THE 8th M. 1640.
Goodfin Warde fined 2s for neglect of his watch and putt out
of his place from being mar of a watch.
Will Gibbons, Francis Browne and Tho: Franckland fined
Is apeece for late comeing to keepe their watch.
Robt Champio being accused for drinking wine to excesse,
was fined 5s.
Thomas Moulenor the elder, and Robt Campi6 were fined 5s
apeece for affronting the court.
On Wednesday, being the 14th of October, the deputies
aforesaid went to veiw the meadowes, and haveing pfected
their worke, they gave in an account of their worke, as
appeares by the plotts of the meadowes.
[17]  ATT A GENrl1 COURT HELD ATT NEWHAVEN THE 23 OF
THE 8 M: 1640.
Itt is ordered euery one of the 5 quarters whose proporti6 of
meadow is vnder 8 acres, shall have itt in the iland in the east
riner, and in the mill meadowes, and their vpland att the
vtmost end of the first divisio of the Yorkeshire quarter
wthout the 2 miles beyond the west river.
Itt is ordered thatt Mr. Eaton shall have 50 acres of his
meadowes in the meadowes towards Totokett, neare vnto the
way that goes to Manunkatucke, wth upland answering that
proporti5. And all the rest of his meadow he is to have att
his owne choyce in the east meadowes and vpland adjoyning,
as itt may best sute his conveniencie wth whatsoeur conveniencies the place will afforde him for a farme.
Itt is ordered thatt or pastor shall have his farme where he
shall desire itt wth all the conveniencies of vpland and meadow
and creeks wch thle place where he pitches will afforde, though
above his proporti6, according to his desire.
Itt is ordered that Captaine Turner shall have his lott of
meadow and vpland where he shall chuse itt for his owne con



1640]          NEW HAVEN COLONY RECORDS.               43
veniencie, thatt he may attend the service of the towne wch his
place requires.
Itt is ordered thatt all the vpland in the first divisi6 wth all
the meadowes in the plantatio shall pay 4d an acre yearly, and
all the land in the 2d divisio shall pay 21 an acre yearely, att
2 severall dayes of paymt, (viz), the one in Aprill, and the
other in October, to raise a como stock or publique treasury,
and thatt a steward or treasurer shall be chosen to receive and
dispose of itt according to the occasions of the towne, and give
a yearely account of itt to those thatt shalbe appoynted to
receive the account.
Itt is ordered thatt in the 2d divisio every planter in the
towne shall have for every hundred pound estate given in,
twenty acres of vpland, and for every head two acres and a
halfe.
Mr. Craine is allowed 3001 to his estate formerly given in,
and Mr. Touttle to add 501 to his, provided thatt they pay all
rates backward and forwarder and if they remove, to sell nothing butt improvemats.
Itt is ordered thatt all the small lotts about the towne shall
have 4 acres of planting ground to every lott, and an acre to
every head layd out beyond the east river, betwixt or pastors
farme and the Indians wiggwams.
Itt is ordered thatt Mr. James shall have his meadow att the
lower end of the Neck, and bro: Andrewes shall have his
meadow among the small lotts as itt shall fall by lott, in the
Iland or Mill meadowes.
Itt is granted to the 2 deacons to chuse where they shall
have their farms, as neare as may be to the towne, thatt they
may the better attend their office.
Itt is ordered that Mr. Gregson shall be Truck mar of this
towne for this yeare ensueing, to truck wth the Indians for
venison, so as he may afforde to sell to the planters thatt have
need att 3ob a pound, all together, good and bad, one wth
another.
Itt is ordered thatt no English men thatt kills venison shall
sell the fattest for above 3d a pound, and the leane att 2d ob.




44            NEW HAVEN COLONY RECORDS.           [1640
Itt is ordered thatt the causway to the neck shall be made
forthwth.
Itt is ordered that wampamr shall goe in this plantatio for 6
a peny.
[18]  A COURT OF ELECTIONS HELD ATT NEWHAVEN THE 29th
OF 8 x: 1640.
Bro: Perry, Andrew  Hull, Will Peck, Goodni Shirman,
Goodm Gibbs and Goodfi~ Livermore were admitted members
of the court.
Mr. Eaton chosen magistrate againe.
Mr. Robt Newm, Mr. Gregson, Mr. Gilbert, and Captaine
Turner chosen deputyes.
Tho: Fugill chosen secretary.
Robt Seely chosen marshall.
Jer. Dixon allowed to add to his estate formerly given in,
so much as will make itt 3 hundred pounds, so as he pay all
rates for thatt estate backward and forward.
Ben: Linge and Will Touttle are allowed to have their
meadow where Mr. Eaton hath his first 500 acres, (viz) in the
fresh meadows towards Totokett, and Mr. Craine is to have
his allso there.
Allowance is to be given in land to those thatt want of their
proportio in their houslotts, 2 rod for one in the first divisio,
and 3 for one in the 2d divisio.
Itt is ordered thatt Tymno: Baldwins lott shall have land
layd to itt for 6 heads & 5001, and reserved for an elder.
Itt is ordered that nott above 4 moneths shall be accounted
for winter in workmens wages, provided thatt they improve 8
howers dilligently in worke every day when they expect to be
payd for a dayes worke.
Itt is ordered that if any workeffi take more then is appoynted for worke and wages, he thatt gives itt and he thatt takes
itt shall each of them pay a dayes worke fine, and the informr
shall have the 4th pt.
Itt is ordered thatt every one thatt comes after they beate




1640]            NEW HAVEN COLONY RECORDS.                    45
the drufin ye 2d time, or come defective in armes on trayning
dayes, shall pay Is fine, and for totall absence 5s.
A GENr11 COURT HOLDEN ATT NEWH, THE 4 OF THE 9th MONETH
1640.
Whereas Andrew  Ward and Robt. Coe of Weathersfield
were deputed by Weathersfield men, the 30th of the 8th
moneth comonly called October 1640, to treate wth the court
att Newhaven about the plantatio (lately purchased by the
said towne&) called Toquams, wch being considered of, itt was
agreed vpon by the said court and ptyes aforesaid, that they
shall have the said plantatio vpon these tearmes following.
First, thatt they shall repay vnto the said towne of Newhave
all the charges wch they have disbursed about itt, wch comes
to 331 as appeares by a note or scedule herevnto annexed.
Secondly thatt they reserve a fift pt of the said plantatio to be
disposed off att the appoyntmt of this court to such desireable
psons as may be expected, or as God shall send hither, provided that if wthin one whole yeare such psons doe not come
to fill vp those lotts so reserved, thatt then itt shall be free for
the said people to nominate and present to this court some
psons of their owne choyce wch may fill up some of those lotts
so reserved, if this court approve of them.  Thirdly thatt they
joyne in all poynts wth this plantatio in the forme of govermt
here settled, according to the agreemt betwixt this court and
Mr. Samuell Eaton about the plantatio of Totokett.
These articles being read together wth Mr. Sam: Eatons
agreemts in the hearing of the said partyes or deputyes, itt
was accepted by them, and in witnes thereof they subscribed
their names to the articles in the face of the court.
t Capt. Turner as agent for the people of New Haven bought of Ponus Sagamore
of Toquams, and of Wascussue Sagamore of Shippan, (the other Indians consenting
thereto,) all the ground belonging to the said Sagamores, except a piece of ground
which Ponus reserved for himself and the other Indians to plant upon, The consideration was 12 coats, 12 hoes, 12 hatchets, 12 glasses, 12 knives, 2 kettles, and four
fathoms of white wampum. The liberty of hunting and fishing on the land was reserved by the Indians. This agreement was signed on the first of July, 1640.
Stamford Ree. B. p. 80.




46            NEW HAVEN COLONY RECORDS.          [1640
Itt is ordered by the court that Goodffi Quick shall give
security here for the barke and his account to the owners according to their request to Mr. Eaton, and for thatt end the
moneyes thatt are in the hands of Captaine Turner and Mr.
Gregson, and should be payd to Weathersley, but layd dame
vnto by the saide Quick, are to be detained till things be
cleared betwixt them.
Itt was ordered thatt Georg Badcock, servant to Mr. Eaton,
shall serve out his time wth his mar to the full end and tearme
of six yeares (from his first comeing) according to his ingagemt as appeared by the testimony of John Mason and his
owne confessio.
[19] Edward Adams testified vpon oath thatt the note of
informaco wch he had formrly delivered into the court (concerning lime wch Arther lHalbidg hath delivered to the mill)
is true, wch when he had done, Arther Halbidge excepted
against itt, thinking to prove the said Edward Adams a pjured
pson. Butt Goodman Pigge, Rich: Beach and John Wakefield affirmed the truth of what Edward Adams had testified,
(though the said Artur Holbidg did conceive they would have
contradicted Edw: Adams his testimony), Itt was therefore
ordered thatt the said Arther should pay two folde for all the
want of measure thatt is charged vp5 him and from hence
forth take noe worke by the great, nor burne any lime to sell.
ATT THE 2d OF DECEMB: 1640.
Thomas Franckland for drinking strong liquors to excess
and entertaining disorderly psons into his cellar to drinking
meetings, togeth wth his contempt of the court, was whipped,
filled 20s, and deprived of his cellar and lott, his lott and liberty of staying in the plantatio being onely granted to him
vpoo his good behavior.
Andrew Loe junr was whipped for breaking Richard
Osborne his cellar and stealing, & yt on the Saboth day.
Itt was ordered thatt John Davis, servant to Mr. Wilks,
should be whipped for his stuborne carryage to his said mar,




1640]         NEW HAVEN COLONY RECORDS.             47
butt the executio of the sentence to be suspended for tryall of
his future carryage.
Itt was ordered that Mr. Wilks shall abate 2 moneths of the
time wch the said Joh: Davis should serve him, for vndue correcting him, strikeing him vpon the head wth a hammer, he
being vpo the top of a ladder.
Itt was ordered yt all thatt live in cellars and have famylyes
shall have liberty for three moneths to provide for themselves,
butt all single psons are to betake themselves forthwth to
some famylyes, except the magistrate see cause to respit't them
for a time.
Itt was ordered that Mr. Moulenor should give an accout
to the next court for his pceedings att Totokett.
ATT A COURT HELD ATT NEWHAVEN THE 6th OF THE 11th M:
1640.
Whereas there was a roap lent by Mr. Craine to John Tompson, butt lost by Robt Cogswell who tooke the charge of the
boate in wch itt was left, itt is therefore ordered thatt John
Tompson shall make itt good to Mr. Craine, and Robt Cogswell shall satisfie John Tompson for itt.
Itt is ordered that Mr. Moulenor shall be comaunded fro
the court by the marshall to stay his proceedings att Totokett,
inasmuch as whatt he hath done is disorderly and unwarrantably, nott giveing any good account to this court though he
have beene required so to doe.
An inventory of Andrew Hulls delivered into the court.
[20]  A GENrIl COURT HOLD ATT NEWHAVEN THE 10th OF THE
It M~ONETH [1640]
Itt is ordered thatt all the meadowes belonging to this
towne wch vpon pview the the deputies for the quarters thought
meete thatt 8 acres for 7 should be layde out, (in way of allowance), now itt is to be abated, and thatt allowance wch that,
and proportions above that should have had, shall be for make



48             NEW HAVEN COLONY RECORDS.            [1640
ing thatt allowance woh less proportions are appoynted, and
worss meaddow is appoynted to have, in considerac6 of the
exceeding badnes of the meaddowes.  And those that were
deputed for the veiw are now to see all the meadowes layde out
according to the true intent and meaning of this order;
swamps, ponds and creeks nott to be measured.
Itt is ordered thatt all those who by lott shall have their
meadow on this side brother Turners fearme, shall have the
vpland thatt lyes against itt, or joyning to itt, and if thatt be
nott enough to make vp their proporti6 for their second
devisio, they shall have itt made up beyond the west river, at
the vttmost end of the Yorkshire quarter, among the small
lotts.
Itt is ordered thatt after 2 yeares next ensueing be expired,
the neck shall be layd for pasture, and thatt all who plant or
sow corne therein in the meantime shall secure itt themselves,
whether there or elswhere, every one are to secure their owne
corne, provided yt none doe willfully or negligently trespasse
wth their cattell, and it is further ordered thatt after this
yeare none shall plant Indian corne in the neck, butt onely sow
itt wth English.
Itt is ordered tllatt no mans inability or remisnes in fencing
his part (in a genrll fence) shall hinder the improvemt of land
in any of the quarters, the major pt consenting.
Itt is ordered thatt those thatt are intrusted in the townes
busines shall lay out meadow and vpland for an inne.
Itt is ordered thatt if any ma shoote either bulletts or smaller shott in the towne, or wthin a quarter of a mile of the
towne wthout a call, shall pay 5s fine for every default.
Itt is ordered thatt if any shall cutt a tree wthout leave
where the spruce masts grow, shall pay 20s fine for every
default.
Itt is ordered thatt if any take either wheele barrow, hand
cart or paddles, or oares wthout leave,.shall pay five shillings
fine.
Itt is ordered thatt if any shall take boate or cannow wthout
leave, he shall pay 20s fine, and whatt ever damage else may
befall the owner for the want thereof.




1641]          NEW HAVEN COLONY RECORDS.               49
Itt is ordered thatt fire hooks shall be made for the common vse of the towne, att a commo charge.
ATT A MEETING ABOUT CASTING LOTTS FOR THE EAST MEADOWES AND THE MEADOWES IN THE MILL RIVER 17th it MON:
1641
Itt is agreed thatt the small lotts shall begin att the great
rock on the farre side of the mill river, and so come downe,
towards the sea, and then begin att the lower end of the farre
side of the iland in the East river, and so come downe againe
on the hither side, and if there shall fall out to be some small
pportio wch will not amount to the quantity of him whose lott
falls last in the Mill river, itt shall be in his choyce wther he
will have itt, yea or no.
Itt is allso agreed thatt in the East mneadowes the first lott
shall begin att the neck on the hither side of the river, and so
goe on in order to the vper end so farr as there is meadow, and
then begin att or pastors farme, and so goe vp againe on the
other side so farr as there is meadow, and whosoeur by lott
falls next to the farmes thatt are layd out by choyce, if there
be not their proportio there, they must take the rest where itt
falls next in order beyond them.
Itt is ordered thatt Thomas Fugill shall have the Iland in
the mill river for his pportiQo he being willing to have it when
others refused it because itt was bad.
[21]  Itt is o[rdered that those] in the neck sha[ll] fence
[      ] against [ -    ] dow tha[             ]ney thatt
owe the meadow will fence itt in from the como.
The name[s of those w]ho are to have their meadow in the
East meadow, as their lotts were cast.
1 Mrs. Higginson            6 Mr. Evance
2 Mr. Attwater              7 John Ponderson
3 Mr. Pocock                8 Mr. Lucas
4 Goodma Nash               9 Thomas Fugill
5 Mr. Craine               10 Edw: Wiglseworth
7




50             NEW HAVEN COLONY RECORDS.               [1641
11 Richard Perry            20 An Elders lott
12 Mr. Constable'           21 Mr. Roe
13 Mr. Browning             22 Mr. Dermer
14 Mr. Marshall            23 John Chapman
15 David Yale              24 Mr. Francis Newman
16 Mr. Brewster            25 Mr. Malbon
17 Bro: Jer: Dixon          26 Mrs. Eldred
18 John Johnson             27 Mr. Samnuell Eaton
19 Mr. Mayers              28 Mr. Tench one ye Island.
The names of those who are to have their meadow in Milmeadow and the Iland in the East River, as their lotts were cast
in order.
1 John Benham        7 Wid: Greene   13 Joh: Coop
2 Mr. Cheeuers       8 Wid:  Williames 14 Will Thorpe
3 Tho Powell         9 Tho: Kimberley 15 Mrs. Eaton
4 Abraham Bell   10 Robt Hill           16 Mr. Pearce
5 Will Andrewes   11 Jarvis Boykin   17 Mr. Yale
6 Rich: Beckley   12 Andrew Loe
The land for the small lotts on ye banke side and by ye
west creeke was appoynted to be layd out, as their lotts were
drawne ill order as followeth.t
1 Steven Metcalfe               Another lott
2 Adam Nicolls                  Goodiff Hames
3 Nath: Merryman                Goodiii Dighton
4 John Tompson                  Good Pigge
5 Bro: Kimberleys bro:    17 Francis Browile
6 John Nash                     George Larrymnor
7 Mrs. Swiflrton                Tho: Beamt
8 Goodma Davis                  Tho: Leaver
9 Rich: Newli                   John Vincent
Tho: Mitchell                 Joh: Hall
Tho: Morris                   Will Russells
Goodffi Peck                  Christopher Tod
s Was this Sir William Constable who as Mather B. iii, chap. xiii, 6, informs us proposed to come to New England with Rev. Ezekiel Rogers? We learn from Winthrop
i, 294, that the New Haven gentlemen labored by all means to draw Mr. Rogers and
his company to them.
t In the margin. " The order for it is in fo: 17 and in 27."




1641]         NEW HAVEN COLONY RECORDS.                51
25 Thomas Mounson               A brickmaker
B3len: Willmott             Obadiah Barnes
Joh: Walker                 Eliz: the washer
Ben: Pauling                Will Gibbons
ATT A COURT HELDE ATT NEWHAVEN THE 7t'I OF THE 2d MON:
1640.
John Reader was fined 40s for breakeing the order of the
Court in exacting greater wages (then the Court had determinled,) for 20 dayes worke wch he confessed he had received
mony for.
John Thomas was fined Is for neglecting his watch.
Susanna Man, servant to Mr. Goodyeare, haveing accused
John Thomas for stealing a peece of stuff, valued att 31 6s.
she now confessed thatt she had slaundered him, and said thatt
God had given her ouer to the Devill to make her lye, wherevpon it was ordered thatt she should pay to her mar double
the price of the stuff as the said Joh: Thomas should have
done if he had beenIe guilty, according to the law of God in
thatt case.
[22]  A GEN'11 COURT HOLDEN ATT NEWIHA[VEN           ] 3d
MON 164[1]
Mr. Goodyeare, Mr. Gregson, Mr. Newiff and Mr. Gilbert
chosen deputyes for the halfe yeare next ensueing.
Mr. Gregson was chosen Treasurer to receive the yearely
rates and keep accounts of all disbursemts vpon all necessary
occasions for the comn6 affayres of the towne.
Bro: Pecke chosen measurer for the towne to fill and
strike all the corne thatt comes into the plantatio from other
places, for wch he is to have 6d for every score bushells wch
he measureth, an a halfe peny for every bushell vnder tenne
bushells, the one halfe to be payd by the buyer, and the other
halfe by the seller.
-'k I presume this should be 1641.




52             NEW HAVEN COLONY RECORDS.             [1641
Itt is ordered thatt all those thatt have hoggs shall drive
them from  the plantatid about 5 miles fro the towne, and
haunt them  forth abroade, nenerthelesse every one is to
endeuor to secure their corne by sufficient fences.
Itt is ordered thatt the clay pitts shalbe layd out as como, as
itt was first intended, and what charge of fencing Goodman
Mansfield or others shalbe att extraordinary by thatt meances,
the towne is to beare itt in genrll.
Itt is ordered thatt Mr. Goodyeare shall have his vpland
(wch he is to have in the 2d divisio,) in a place wch he hath
chosen beyond the west rocks.
Itt is ordered thatt those who should have a pt of their
vpland on the right hand of the mill way (betwixt itt and the
river where the land fall narrow,) butt leave itt, shall have
their pporti6 made up beyond the rocks wthout the 2 miles
compasse.
Itt is ordered thatt every house in tile towne shall have a
ladder (in length to sute the height of their chinlney,) wthin
5 weeks, to stand ready by their houses, vnder the penallty of
5S fine.
An inventory and will of olde father Shirmafi s was delivered
into the Court.
Itt is ordered thatt every quarter thatt would fence their
land in the Neck, they may have liberty so to doe, provided
thatt they doe itt att their owne charge, and leave out the
springs for the cattle to drinke att wheresoever ally fall wthin
the bounds of the neck.
Itt is ordered thatt the rates of wares and worke as they
were prsented to the Court by the magistrate shall be settled
and be in force in this plantati) as followeth,
[23]                      RATES
Itt is ordered thatt seaven howers shall be accounted a
dayes worke for a teame, if thatt whole time be dilligently
improved in worke according to the nature of thatt imploymt,
and the hyer for a steere by the day 9d, for a growne oxe or
bull 12d, for a horse or imare 16l, for cart furniture and man 6d.
For mar carpenters, joyners, plasterers, bricklayers, maowers,




1641]         NEW HAVEN COLONY RECORDS.                 53
cowpers, thatchers, ryvers of clapboards, pailes, shingles,
lathes and the like callings which require skill and strength,
nott above 2s in soflier and 20d in winter.
Butt others of the same trades or callings, nott allowed mar
workemen, nott above 20d in somimer and 16d in winter.
Plaisterers, haymakers, fellers of timber, those thatt crosscutt timber, and all sorts of laborers experienced and dilligent
in their way, improveing time as above, in somr nott above
18d, in winter nott above 14d.
Vnskillfull negligent laborers, and boyes, both in somr and
winter in severall imploymts, according to the service they
doe, wch when any doubt ariseth shalbe judged by able and
indifferent.
Boates of severall sorts, the whole tyde being dilligently improved, according to the nar of that imploymlt. The man by the
tyde nott above 16d. A. lighter of 16 tulnne wth sale boate or
cannow, nott above 2s. A lighter of 12 tunne 20d.  A shallop of 4 tunne 8d, and so in respective proportio, butt in such
raines or stormes that goods cannott be laden or vnladen
wthout spoyling, nor the boate stirre though the tyde serve,
no payment to be required for the boate in such tydes, though
the man be payd while he attends the service.
Worke taken by the greate, sawing by the hundred to be
payd for no more then is cutt full & true measure, boards nott
above 3s 8d, planks 4s, slit worke 4s 6d.
When men saw by the day, the top man or he whose skill
guides the worke, and phaps findes the tooles, in somr and
winter respectively as mar workmen, and the pitt man as
vnskillfull or nott approved mar workmen, and if they be
equall in skill and charg, then to devide the wages, wch shall
be 22d a peece in somier and 18d in winter.
Felling of timber, thatt wch is full 2 foote over and one wth
another nott above 2 pence halfe peny, lesser sorts of timber
full 18 inches over, and vnder 2 foote, three halfe pence p
foote, all other trees of lesser size then 18 inches over, either
by dayes wages as laborers or as shall be reasonably agreed.
Hewing and squareing timber of several sizes one wth another, butt the least 15 inches square, well done thatt a kerfe or




54           NEW HAVEN COLONY RECORDS.              [1641
planke of 2 inches thick being taken off on 2 sides the rest
may remaine square for boards or other vse, by the tunne,
girt measure 15d, and for timber more sleightly hewen a lesse
price in proportio.  Sills, beames, plates or such like timber
hewen square to build wth, running measure, by the foote nott
above 3 farthings.
Mowing well done, wch vpon quest. is to be judged by other
skillfull mowers, salt marsh by the acre nott above 3s 6d, fresh
by the acre nott above 3s.
Fencing wth pales, as house lotts are now done, for felling
& cleaveing posts and rales, cross cutting, hewing, mortising,
digging holes, setting vp, well raming the posts and nailing on
the pailes, by the rod, all the worke being well and sufficiently
done in every pt appertaining to itt, 18d, butt if the worke in
any pt be defective, the price to be abated answerably, and
thatt to be judged by indifferent men and honest workmen,
and so in all other fencing wth posts and rales as below.
Fencing wth 5 rales, strong and substantiall posts and rales
att least of sizes expressed below, the posts sett two foote and
a halfe in the ground, well wrought, sett up, and well rammed
so thatt pigs, goates and all other cattell may be kept out, by
the rod nott above 18d.
[24] Fencing wth 3 rales, such stuff, workmanship as wth 5
rales, nott above 14d, substantiall and strong posts, 7 foote and
a halfe long, 12 inches broade and 4 inches thick att least
where they are felled and cloven, by the hundred 7s. Substantiall and strong rales 11 foote long, some of them 9 inches
broade, some 7, some 9 inches, butt the least, in the smallest
pt nott lesse then 5 inches broad, and all of such a thicknes as
thatt they may be strong and lasting, proportionably sorted of
all the forenamed sizes, by the hundred, nott above 5s 6d.
Inch boards solde in the woods by the hundred nott above
4s 8d, halfe inch board 4s 2d, and 2 inch planke 5s 6d p hundred.
Inch board solde in the towne 6s, halfe inch boards 5s,
planke 8s 6d p hundred.
Sawen timber 6 inches broade 3 inches thick, in the towne
by the foote rnning measure nott above 3 farthifigs, 8 inches
square soulde as before nott above Id ob a foote.




1641]         NEW HAVEN COLONY RECORDS.                55
Clapboards solde in the woods, good stuff 6 foote long 3s 4d
5 foote long 2s 1Od.
Pales 6 foote long 3s, 15 foote 2-8,1 5 foote 2s 4d.
Hewing and naleing clapboards on roofes and sides of houses
well done, nott above 4s p hundred, butt as most are done nott
worth above 2s or 2s 6d, therefore if any questio arise, the
worke to be rated and judged by indifferent men.
Shingle, good stuff 4 inches thick, some six, some seaven,
some eight inches broad, sorted in the woods, being 3 foote
long 2s p hundred; 2 foote long 18d, 14, 15 or 16 inches long
9d, butt if defective, price accordingly. Hewing and shooting
shingle, well done 3 foote nott above A -, 2 foote nott above
9d p 100, 14, 15 or 16 inches nott above 7d p hundred.
Lathing and laying shingle, squar worke wth sawen laths 3
foote A 2 foote 14, 15 or 16 inches long, 10d p hundred-If
hewed slingle 11d p hundred.  If there be diurs gutters to be
laid, then together 13d p hundred.  Lime well burnt, vnslaked,
brought by water to the landing place for the towne, by the
bushell heaped, nott above 7d, by the hogshead full gaged contayning 8 bushells 4s, and the lyme so putt in thatt when the
hh1d is carted fro the water to the place where itt shall be vsed
itt may remaine full.
Plastering, for drawing and carrying water, scaffolding,
lathing, laying and finishing the plastering, provideing and
paying his laborer, haveing the lime, clay, sand, hayre, hay
wth materialls for scaffolding layd neare the place.
By the yeard for seeling 4-ob, for side walls, being whole
or in great paines 4d, betwixt the studs, the studs not measured, 5d —ob. rendring betwixt the studs 2d.
Dyett for a laboringman wth lodging and washing 4s —6d
by the weeke Venison sould by the English, if fatt, not above
2d-ob p pound, if leane 2d p pound, fowle a pportionable
abatemt to whatt was sett last yeare.
All comodityes bought and sould among the planters, and
all worke wages and labor (hence forward, till some other
course be settled by order,) to be payd for either in corne, as
the price goeth in the plantatio, or in worke as the rates settled by the Court, or in cattell of any sort as they shall be in



56            NEW HAVEN COLONY RECORDS.           [1641
differently prized, or in good marchtable bever according to its
goodnes; and payint to be made att the times wch shall be
agreed vpon.
[25]  A COURT HOLDEN THE 7th OF THE 5tl1 MONETH 1641.
ATT NEWHAVEN.
Nicholas Tanner haveing ingaged himselfe to pay vnto Mr.
Bryan three pounds about three moneth agoe wch he hath nott
yett pformed, wherevpon Mr. Bryan desired the justice of the
Court. And the said Nicholas did pmise to the said Mr.
Biryan thatt he would give him good security before the nesxt
Court, wch Mr. Bryan accepted.
Arther Halbidg was allowed to take worke by the great vpo
good behavior.
Mr. Browning being mar of a watch, and neclecting to
warne the watch, so as itt was neelected, was fined 10s.
An inventory of Goodman Luckings deliured into the Court.
ATT A COURT HELD ATT NEWHAVEN THE 4th OF THE 6t 3M:
1641.
John Seckett servant to Mrs. Stolyo for goeing about to
slaunder and reproach his said Mrs, was admonished to tender
to his Mrs such satisfactio as she might accept, wchb was referred to Mr. Goodyeare to determine.
George Warde ingaged his house to satisfie Mr. Huitt for a
bill of debt and to satisfie Thomas Laude for a debt of 41 allso.
Andrew Low junr for Saboth breaking, lying and stealing
was severely whipped, and ordered to weare a lock.
A GENrll COURT HELD ATT NEWHAVEN THE 30th OF THE 6t MION:
1641.
Whereas there was a purchase made by some pticular psons
of sundry plantatios in Delaware Bay, att their owne charge,
for the advalncmt of puLblique good as in a way of trade, so




1641]          NEW HAVEN COLONY RECORDS.                  57
allso for the settling of churches and plantations in those pts,
in combinatio wth this. And therevpon itt was propounded
to the Genrll Court wther plantations should be settled in
Delaware Bay, in combinatio wth this towne, yea or nay, and
vpon considerati6 and debate itt was assented vnto by the
Court, and exprssed by holding vp of hands.
So far as Captaine Turner hath refference to the civill state
and imployed therein, pvided thatt his place be supplyed in his
absence, the Court hath given free liberty to him to goe to
Delaware Bay for his owne advantage and the publique good
in settling the affayres thereof.
Itt is ordered thatt those to whome the affaires of the towne
is comitted shall dispose of all the affayres of Delaware Bay,
according to the intent of the agreemt for comnbinatio wth this
towne in settleing plantations and admitting planters to sitt
down there.
Mr. Goodyeare propounded his purchase of Mr. Farretts
Iland* to the towne, butt itt was nott accepted.
Itt is ordered thatt the survayers shalbe payed for all the
meadowes, creekes, and ponds wch they survay, though itt be
cast in for or above allowance wthout measure.
Mr. Craine resigned Mr. Hickocks lott into the townes
hands.
ATT A COURT HELD THE 1t OF THE 7th MONETH 1641.
ATT NEWHAVEN.
Francis Hall being complained against by Luke Attkinson
for wthholding fro him some mony justly due to him, he was
injoyned by the Court to make satisfactiO to the said Luke
forthwth.
> Now called Shelter Island. Mr. Goodyceare purchased it of Mr. Farrett May 18,
1641, and sold it June 9, 1651 to Thomas Middleton, Thomas Rouse, Constant Sylvester and Nathaniel Sylvester, for 1600 lbs of good, merchantable Muscovado SXugal.
Thompson's L. I., 2d ed., vol. I., 118, 364.




58            NEW HAVEN COLONY RECORDS.            [1641
[26] ATT A COURT HOLDEN THE 6t OF OCTOBER 1641, ATT
NEWHAVEN.
Itt is ordered that Edward Harwoode shall pay to Leivtent
Seely (for takeing his cannow wthout leave,) twenty shillings.
Mr. Wilks being accused by his man John Davis for forceing him to be bound after he came on shipboard halfe a yeare
longer then his father had consented to before, and agreed
wth the said Mr. Wilks for, butt the said John Davis being
defective in the proofe of his accusati6, and Mr. Wilks wanting his witnesses to prove his innocencie, itt is ordered thatt if
the said Mr. Wilks doe nott make it appeare by witnes (thatt
his agreemt was for 4 yeares and a halfe) betwixt and the last
of September come 12 moneth after the date hereof, he shall
pay vnto the said John Davis 20s for every moneth so long as
he stayes wth him above 4 yeares.
ATT THE GEN]'11 COURT OF ELECTIONS HELD ATT NEWHAVEN
THE 27th OF OCTO: 1641.
Mr. Craine of this church, and Andrew Warde and Francis
Bell of Rippowams, admitted members of this court and received the charge of freemen.
Mr. Eaton and Mr. Goodyeare chosen magistrates of this
towne.
Thurston Rayner chosen constable for Rippowarns to order
such busines as may fall in thatt towne according to God, for
the next ensueing year, butt is nott to be established in his
office till he have received his charge fr6 this Court and testified his acceptance thereof to this Court.
Mir. Gregson, Mr. Robt Newman, Mr. Gilbert and Mr.
Wakeman chosen deputyes for this plantation.
Tho: Fugill chosen secretary.
Robt Seely chosen marshall.




1641]         NEW HAVEN COLONY RECORDS.              59
A COURT HELD ATT NEWHAVEN THE 3d OF NOVEM: 1641.
Whereas Robt Johnson maketh dame to the house and lott
of his brother John Johnson, late planter of this towne deceased, by vertue of a contract betwixt them, the Court haveing debated itt and nott findeing itt ripe for issue, itt was
ordered thatt those thatt can give best light about itt should
ripen their apprhensions so as they may be able to make oath
of whatt they can testifie concering itt, wch may stand vpon
record for posterity.
David Anderson for his contempt of authority in carrying
away a delinquent contrary to order and his owne pmise, was
fined 20s.
Itt is ordered thatt an attachmt be sent forth to distraine
the goods of Mr. Trobridge, to pay the townes rates, and to
satisfie the demaunds of those psons to whom he is indebted,
as Mr. Gregson 201, Mr. Whitfield 201, wth divers others of
this town.
Itt is ordered thatt every one thatt have beene in the
watchs shall pay to Steven' the drumr and Jarvis Boykin
nine pence a peece for a yeare and a halfe ending the first of
Decem: next ensueing.
[27]  A GENrlI COURT HELD ATT NEWHAVEN THE 290 OF
NOVEM: 1641.
Richard Miles and Roger Allen admitted members of the
Court.
Itt is ordered thatt so many of those (who have the small
lotts by the sea side) as will resign their land beyond the East
River shall have 6 acres for every single pson, 8 acres for man
and wife, and one acre for every childe, att the farre end of
the Great Plaine in lew thereof, provided thatt vpon veiw itt
be layde out so as the townes occasions may be accomodated
wthout prjudice to the towne, and if any remove, they shall
onely sell improvemts.
* Stephen Metcalfe.




60                NEW  HAVEN COLONY RECORDS.                   [1641
Itt is ordered thatt Wequash shall have a sute of cloths
made att the townes charge.'
Itt is ordered thatt the townes rates shall be payd in corne
att 2s 4d a bushell by all those who chuse to pay their rates in
Indian come.
Itt is ordered thatt if any shall furnish the Indians, whether
directly or indirectly, wth any amunniti6 whatsoever, shall pay
for the first default 51 fine, and afterward att the discretion of
the Court.
Tho: Fugill is allowed his 2d divisio att the foote of the
West Rock of the cleare ground wch is there, or so much of
itt as he desires, according to his proportion.t
Itt is ordered thatt all the voyd lotts, belonging to absent
psons  shalbe fenced att the townes charge untill the psons
come thatt shall possesse them, and then all the charges to be
retourned by the owners, and bro: Andrewes and bro: Mounson are to see thatt tile fences be done well according to the
order of the Court.
A  COURT HELD ATT NEWHAVEN THE it OF DECElM: 1641.
Itt is ordered thatt the firkin of butter wch Mr. Wilks tooke
vp shall be left in the hands of bro: Ponderson, (or the vallue
thereof) and remaine there till some cann challeng itt by the
marke.
Itt is ordered that Goodfi Hall shall have liberty to dispose
of the children wch he brought our till the Court have light
to dispose otherwise of them, provided thatt they be well
looked vnto and well vsed.  And Goodmi  Hitchcock who is to
have one of them is to pay to the Treasurer what is due for
the boy, and Good-i Hall is to be payd out of itt whatt is due
to him.
"One Wequash Cook, an Indian living about Connecticut river's mouth, and
keeping much at Saybrook with Mr. Fenwick, attained to good knowledge of the
things of God and salvation by Christ, so as he became a preacher to other Indians,
and labored much to convert them, but without any effect, for within a short time he
fell sick, not without suspicion of poison from them, and died very comfortably."
Sav. Winth. II. 74 sub anno 1642.
t See page [133.] It was for falsifying this order by omitting the words " according to his proportion," that Fugill was excommunicated and deprived of his place, in
1645.




1641]         NEW HAVEN COLONY RECORDS.              61
A COURT HELD ATT NEWHAVEN THE 5th OF JAN: 1641.
Itt is ordered thatt all the goods of Mr. Trobridg wch remaine shall be attached to satisfy the demaunds of the psons to
whom he is indebted, namely Mr. Perry, Mr. Craine 101 and
damages, Hen: Gibbons and Mr. Caine of Boston.
Tho: Badger being accused and convicted for defileing himselfe by divers vncleane passages wth one of his mars children
not above 6 yeares of age, was whipped att a carts arce about
the towne to make his punishment examplary.
[28]  A GENr11 COURT THE 25th OF 12th MON: 1641.
Mr. Malbon and Goodman Ives admitted members of the
Court and received the charge of freemen.
Francis Browne, Thomas Morris, Abraham  Smyth, Will
Riussells, Thomas Beamont, John Wilforde and Goodmi Pigge
are allowed to have their land in the Plaine, amongst the rest
of their neighbors.
Itt is ordered thatt Mr. Robt Newman, Mr. Francis Newma
Thomas Mounson and Adam Nicholls shall veiw the como way
to the Plaines, and afterward itt is to be ordered so as may be
most comodious for the publique good.
Itt is ordered thatt the Neck bridge shall be repaired forthwth, and thatt as speedyly as may bee a cart bridge be made
ouer the West River and another over the Mill river.
Itt is ordered thatt a cart bridge be made over the East
River allso, as soone as conveniently may be after the other
two bridges are fully finished, onely itt is referred to consideraco wther the towne will beare the whole charge, or disburse a hundred pounds towards itt and lett the rest be borne
by those thatt have their lands on the east side, and in consideraco thereof, allow them the liberty'and proffitt of fishing
and the towne to stand to the repair of the said bridge.
Itt is ordered thatt the lawes formrly made concering wares
and works shall fro hence forwarde be voyd and of no force
till the Court see cause to the contrary.
Itt is ordered thatt all the voyde lotts in the towne shall be




62            NEW HAVEN COLONY RECORDS.           [1641
reserved for those for whom they were intended till the comeing of the first ships, and if then ye persons come nott for
whom they are so reserved, the towne may dispose of them as
they see cause, and itt is to be considered by tle Court what
is equall to be allowed for the improvemts vpon them.
Itt is ordered thatt a free schoole shall be sett vp in this
towne, and Or pastor Mr. Davenport, together wth the magistrates shall consider whatt yearly allowance is meete to be
given to itt out of the come stock of the towne, and allso
whatt rules and orders are meet to be observed in and about
the same.
Itt is ordered thatt the coma feild called the oyster shell
feild shall be lett to such psons whose prsent need requires itt,
the ordering and disposeing of wch is referred to the magistrates and deputyes.
Bro: Tompson, bro: Clarke, bro: Miles, bro: Wakeffi, bro:
Atwater, bro: Francis Newma, bro: Robt Newmn, bro: Perry
and bro: Craine are desired to know the mindes of their
severall quarters, how many are contented to exchang their
land in the neck for land in the oxe pasture.
Brother Davis sute for a little additio of land to be added to
his proporti6 in the plaines, to save him some charge in
fencing was granted by the Court.
Itt is ordered that none shall hant their hoggs thatt way
where their land lyes nott, butt to endevor as much as may be
to haunt them thatt way where their 2d divisi6 lyes.
[29]  A GENrll COURT HELD AT NEWHAVEN THE 2d OF THE
It MONETH, 1641, ABOUT GEOR: SPENCER.
Francis Browne admitted member of the Court and received
the charge.
The 14th of February, 1641, John Wakeman a planter and
member of this church acquainted the magistrates thatt a sow
of his wch he had lately bought of Hen: Browning, then wth
pigge, had now  brought among divers liveing and rightly
shaped pigs, one pdigious monster, wch he then brought wth
him to be veiwed and considered. The monster was come to




1641]         NEW HAVEN COLONY RECORDS.             63
the full growth as the other piggs for ought could be discerned,
butt brought forth dead. Itt had no haire on the whole body,
the skin was very tender, and of a reddish white collour like a
childs; the head most straing, itt had butt one eye in the
midle of the face, and thatt large and open, like some blemished eye of a man; over the eye, in the bottome of the foreheade wch was like a childes, a thing of flesh grew forth and
hung downe, itt was hollow, and like a mans instrumt of
genration. A nose, mouth and chinne deformed, butt nott
much vnlike a childs, the neck and cares had allso such
resemblance. This monster being after opened and compared
wth a pig of the same farrow, there was an aparant difference
in all the inwards. Some hand of God appeared in an imprssion
upon Goodwife Wakemans speritt, sadly expecting, though she
knew nott why, some strange accedent in thatt sows pigging,
and a strange imprssion was allso upon many thatt saw the
monster, (therein guided by the neare resemblance of the
eye,) that one George Spencer, late servant to the said Henry
Browning, had beene actor in unnatureall and abominable
filthynes wth the sow, thus divers upon the first sight, expressed their apprehensions wthout any knowledge whatt conjecture others had made. The foremenconed George Spencer
so suspected hath butt one eye for vse, the other hath (as itt is
called) a pearle in itt, is whitish & deformed, and his deformed
eye being beheld and compard together wth the eye of the
monster, seamed to be as like as the eye in the glass to the
eye in the face; the man had beene formrly notorious in the
plantatio for a proplhane, lying, scoffing and lewd speritt, as
was testfyed to his face, butt being examined concerning this
abominati6, att first he said he had nott done itt thatt he knew
off, then denyed itt, butt being comitted to prison, partly on
strong probabilities of this fact, and ptly for other miscarriages, the same evening, being the 24th of February as above,
Mr. Goodyeare, one of the magistrates, went to the prison,
found Sam: Martin and another yong man talking wth the
said Georg Spencer, he asked him if he had nott comitted
thatt abominable filthynes wth the sow, the prisonr att first
denyed itt. Mr. Goodyeare asked him whatt he thought of




64            NEW HAVEN COLONY RECORDS.           [1641
the monster wch had beene shewed him, whether he did not
take notice of something in itt like him, the prisonr after a
little pause asked the magistrate whose sow itt was, who replyed, he knew best himselfe, att wch the prisonr was againe
silent, the magistrate apprehending in the prisoner some relenting, as a preparati6 to confession, remembred him of thatt
place of scripture, he thatt hideth his sin shall not prosper,
butt he yt confesseth and forsaketh his sins shall finde mercie,
and asked him if he were nott sory he had denyed the fact
wch seemed to be witnessed fro heaven agst him. The prsonr
answered he was sory and confessed he had done itt, butt as
Mr. Goodyeare was going away, the prsonr tolde Sam: Martin
what he had confessed to Mr. Goodyeare was for fauor, thereupon Sam: Martin called Mr. Goodyeare back. Mr. Goodyeare
retourning, asked the prisonr if he said soe, who said no,
affiring yt Sam: Martin mistook him, Mr. Goodyeare demaunded of him whether had comitted the fact yea or no, he
answered he had done itt, and so Mr. Goodyeare departed.
The 25th of Febr. 1641, both the magistrates wth divers
others went to the prison to speake wth the prisoner, wished
him to give glory to God, in a free con fessiio of his sin, he
againe confest the bestiality before meficoned, said he had
comitted itt while he was in Mr. Brownings service, and in a
hogstie of his; yett Mr. Goodyeare after going to him, he att
first denyed the fact, but IRobt Seely the marshall thereupon
minding him of wt he had confest to him, he againe freely
confessed the fact, butt said he had nott done itt in the stye
wch Mr. Goodyeare spake off, butt in a stye wthin a stable belonging to Mr. Browning. And thatt he, the said Geo: Spencer being there att worke, the sow came into the stable, and
then the temptatio and his corrupti5 did worke, and he drove
the sow into the stye, and then comitted thatt filthynes.
The 26th of Feb: Mr. Eaton and Mr. Davenport going to
speake wth the prisoner, Mr. Goodyeare came to them and in
the presence of Goodman Mansfield, Will Newma, Tho: Yale,
Theophilus HIigginson, Joh: Brocktt and others, questioned
him more perticularly concering the beastiality, namely how
long the temptati6 had beene upon his speritt before he comit



1641]         NEW HAVEN COLONY RECORDS.             65
ted itt; he answered itt had beene upon his speritt 2 or 3 dayes
before; being asked wt workings he had wthin him att thatt
time, he said he found some workings against itt, both fro the
haynousnes of the sin and the loathsomenes of the creature; being asked whether he did nott in thatt time seeke help fr6 God
against the temptatio, he said no, if he had he thought God
would have helped him; being asked whether he did nott vse
to pray to God, he answered he had not since he came to New
England wch was betweene 4 or 5 yeares agoe, in Engl[and]
he did vse to pray, butt itt was onely in his bed; being asked
in wt manner, he answered [he] said (Our Father &c); being
asked whether he did nott read the scriptures he answere d]
his mar putt him upon itt else nott, being asked whether he
[30]  found nott some workinge [upon hinz] 11 in the publique
ministry, he answered sometimes he had some workings, butt
they did nott abide wth him, being asked how long he was in
the stye wth the sow, he said about 2 howers; being asked
about wt time, he said about 6 a clock in the evening, when
the sun was sett, and the day light almost shutt in; being
asked wt itt was in the monster thatt did affect him, he answered the whites in the eye; being charged fr6 the testimony wch had beene given by sundry person who had conversed
wth him, wth a prophaifie, atheisticall carryag, in unfaithfullnes and stubornes to his mar, a course of notorious lying,
illthnes, scoffing att the ordinances, wayes and people of God,
he confest miscarryages to his mar, and lying, and thatt he
Lad scoffed att the Lords day, calling itt the Ladyes day, butt
denyed other scoffing, wicked and bitter speeches witnessed
against him, and other formr acts of filthynes, either with Indians or English, wch out of his owne mouth were charged
upon him. On the Lords day, being the 27th of Feb: he
caused a bill to be putt up, intreating the prayers of the church
to God on his behalfe, for the pardon of the sinns he had committed, and confessed, professing he was sory-he had greived
the magistrates in denying itt, acknowledging thatt Satan had
hardened his hart both comitt and denye it.
9




66            NEW HAVEN COLONY RECORDS.           [1641
ATT A GENrll COURT HELD ATT NEWHA'VEN THE 2d OF MARCH
1641.
George Spencer being brought to the Barr and charged as
wth other crimes so wth the foremenconed beastiality, and the
monster shewed, upon wch God from heaven seamed both to
stamp out the sin, and as wth his finger to single out the
actor; being wisht therefore, as he had done before many wittnesses formerly, so againe, by confessio to give glory to God;
butt he impudently and wth desperate imprecatids against
himselfe denyed all thatt he had formerly confessed, whereupon the formr perticulars were fully testified in open Court
to the prisonrs face by the persons before menconed respectively, and other testimonyes was added, namely, Robt Seely the
Marshall affirmed thatt the prisonr did dictate to him the
foremenlconed bill by wch he desired the prayers of the church
for the pardon of thatt beastiality, professing therein thatt
Satan had sometimes hardened his hart to deny itt, and yt on
the Lords day att night after he had heard himselfe prayed
for in the congregatio, he againe confessed the fact to him,
and seamed to be greived for the sinne, and some teares fell
from the prisonrs eyes greiving as he said tl-tt he had denyed
itt.
Ezechiell Cheevers affirmeth thatt the next morning after
the aforesaid Saboth, being the 28 of Feb: the said Georg
Spencer tolde him thatt he founde his hart more softned then
itt had beene, and thatt the Lord had given him a sight of his
sinne, and he hoped he would lett him see itt more.
Richard Malbon affirmed thatt the prisonr confessed the
fact to him in the prsence of Tho: Yale and Will Newma, and
added thatt if he had nott confessed itt, yett itt was true, and
God knew itt though he should denye itt, and the said Richard
Malbon att another time turned him to thatt scripture Livit
20. 15. ad bid him make applycatio of itt to the marshall
whom he left wth him, the marshall affirmeth thatt when the
said Rich: Malbon was gone, the prisoner tolde him thatt
thatt scripture stroke like a dagger to his hart.
Will Harding, a sawyer, and one thatt was suspected by
some in Court to have given the prisoner evill councell, testi



1641]         NEW HAVEN COLONY RECORDS.               67
fyed to the prisoners face in Court, thatt the prisonr had said
to him the said Harding thatt Thomas Badgers sin was worse
then his, for Badger lay wth a Christian, butt himselfe the
prisoner, lay butt wth a rotten sow, and the prsonr being then
asked by him the said Harding, how he could make the sow
stand, he answered well enough, & being asked when he did
comitt the sin, he answd he did itt since he came from Connectecutt.
Will Aspenall affirmeth thatt he confessed the sinne to him,
and being asked att whatt time he did itt, he said after he
came from  Connectecutt, in Mr. Brownings stable. Will
Aspenall objected how could thatt be, seeing he was nott then
in Mr. Brownings service, he said he had busines there; being
asked whatt business he was silent.
Will Bladen testified thatt the prisoner confessed the sinne
to him, being asked if he did itt butt once, the prisoner answered he had done itt butt once; to this testimony the prisoner replyed in Court, Itt is true Will, thou hast cleared thyselfe.
Robt Newman and Mathew Gilbert testified thatt the prisoner did confess itt to them, they asked how his conscience
wrought while he was acting itt, and whatt pleasure he
founde, and how long he was acting itt, he answered about
halfe an hower, and itt was the most terrible halfe bower thatt
ever he had, they asked how he could doe itt if he had no
pleasure in itt, he answered he was driven by the power of the
devill and the strength of his [corr]upti6 to doe the thing.
[31]  II John Clarke testified thatt he had beene wth the said
Georg Spencer in prison, and asked him whether he did comitt
thatt sin of beastiality charged upon him, the prisoner answd
yea; he the said John Clarke asked him againe, butt did you
doe itt, he answered I did doe itt; againe John Clarke asked
him, butt did you doe itt, he answered the third time, he did
doe itt. John Clarke replyed, though there were none thatt
knew of it butt yor owne selfe, and thatt yor confessio might
prove dangerous to you, yett would you confess itt, he answered thatt he did doe itt. John Clarke asked him, if he
were not drawne to confess itt in hope of favor, and said did




68           NEW HAVEN COLONY RECORDS.           [1641
you doe itt, he answered he did doe itt; then John Clarke
asked him, why he had denyed itt to the magistrates, the prisoner answered thatt he had nott denyed itt to the magistrates,
butt onely said he did nott know thatt he did itt. John Clarke
asked him why he did now confess itt, he answered because
he did doe itt.
Roger Alen testified thatt he was prsent when the former
discourse passed betwixt John Clarke and the prisoner, and
thatt he the said Roger Alen asked the prisoner why he confessed the fact, he answered because he did doe itt, and the
monster was like him. Roger Alen further testified thatt the
prisoner sent for him, as one he knew in olde England and
thatt knew his friends, and, as the prisour said, wth a purpose
to deny the fact, yett when the said Roger Allen came, the
prisoner reconed up many sins of wch he was guilty, against
his parents and against his maister, and att last named this
abominable fact wch he wondered att, having sent for him wth
a contrary purpose.
Robt Ceely the Marshall added to his former testimony,
thatt having in prison heard the said George Spencer deny the
fact after so many confessions, and after he had intreated the
prayers of the church for the pardon of thatt perticular sinne,
the said Robert Seely asked him, how he durst mock God in
putting up a bill desiring the congregatio to pray for the pardon
of thatt sinne wch now he denyeth. The prisoner, after some
pause, confessed to him thatt he did comitt the fact, and desired
him to looke upon him as one acted by the devill in denying itt,
This cleare and plentifull testimony and evidence being
given in Court to the prisoners face, out of his owne mouth,
thatt he had freely and often confest the the fact wth the scircumstances and his confession concurring wth the worke of
God, as itt were poynting him out in the monster, the prisonr
was asked whatt he had to say against the wittnesses, or against
their testimony, he answered thatt the witnesses did him
wrong, and charged things upon him wch he had nott spoken.
Whereupon the Court, (though aboundantly satisfied in the
evidence, and the prisoner having att sundry times upon examinatio confest the fact to the magistrates,) yett began to




1642]         NEW HAVEN COLONY RECORDS.               69
examine the witnesses upon oath. Whereupon Robert Newman, Mathew Gilbert, John Clarke and Roger Alen upon oath
did confirme the evidence they had before given, and others
were ready to doe the like, butt the prisoner stopped the
course, confessing what they had testified was true, and by
him had beene spoken to them, yett obstinately and impudently persisted to deny the fact.
The Court, weighing the premises did finde and conclude
the prisoner to be guilty of this unnatureall and abominable
fact of beastiality, and thatt he was acted by a lying speritt in
his denyalls. And according to the fundamentall agreemt,
made and published by full and genrll consent, when the plantatio began and government was settled, that the judiciall law
of God given by Moses and expounded in other parts of
scripture, so far as itt is a hedg and a fence to the morrall law,
and neither ceremoniall nor tipicall, nor had any referrence to
Canaan, hath an everlasting equity in itt, and should be the
rule of their proceedings. They judged the crime cappitall,
and thatt the prisoner and the sow, according to Levit. 20 and
15, should be put to death,* butt the time of executio, and the
kinde of death were respited till the next Genrll Court.
[Page 32 of the original is blank.]
[33]  A GENrll COURT THE 6th OF THE 2d MONETH, 1642.
Brother Davis and bro: John Nash admitted members of the
Court and accepted the charge of freemen.
Mr. Mitchell and John Whitmore of Rippowams was allso
admitted members of this Cort, and accepted the charge of
freemen.
Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman
chosen deputyes for the halfe yeare next ensueing.
The plantati6 of Rippowams is named Stamforde.
Whereas the Deputyes for Stamforde complaine thatt their
plantati5 are att some difference wth the Indians, and there9k It would appear from Winthrop, II. 61, that he was not condemned to death
without advice from Massachusetts, and some other places.




70           NEW HAVEN COLONY RECORDS.            [1642
fore require help of advice fro this Court how to carry towards
them, Itt is therefore ordered, thatt the magistrates and deputyes for this plantatio shall advise wth the aforesaid deputyes
of Stamforde whatt course may best conduce to their peace
and safety.
John Touttle of Yennycok, deputed by the Court to be constable to order the affayres of thatt plantatio, the time being,
till some further course be taken by this Court, for the settling
a magistracie there according to God.
Itt is ordered thatt every planter shall pay the drumer his
last yeares wages forthwth (viz) 6d a peece for every one thatt
is in the watches, and his wages due to him for this yeare to
be payd in October next ensueing.
Itt is ordered that Mr. Malbon shall order the watches and
all the martiall affayres of this plantati6 dureing Captaine
Turners absence.
Itt is ordered thatt every first Wednesday in Aprill and
every Wednesday in the last whole weeke in October shall be
a Genril Court held att Newhaven for the plantations in combination wth this towne.
Itt is ordered that from hence forwarde the woods and
meadowes shall be burned the tenth of March every yeare, and
therefore' every man is to take care to secure any thing thatt
is his, wch may be in danger of burning, either in the woods
or meadowes.
Itt is ordered thatt no yong men shall live by themselves in
cellars, butt betake -themselves to such famylyes as the mars
thereof may nott onely watch over them, butt be able to give
and account of or concerning them or their conversati6 when
they shall be required.
George Spencer, the prisoner, being brought forth, was demaunded whether he would yett give glory to God in owning
his guilt in thatt loathsome sin of beastiality wherein God from
heaven had seemed to single him out, and himselfe so often,
and before so many witnesses had made acknowledgmt, butt
he retayning his formr obstinacie, peremtorily denyed itt,
whereupon Robt Newman and John Clarke gave in evidence
in Court to his face, thatt since he was sentenced to dye, he




1642]         NEW HAVEN COLONY RECORDS.             71
had fully confessed the fact to them. Att first he denyed thatt
he had so done, butt they minding him of the passages betwixt
him and them, he said thatt if he had confessed itt he knew
nott whatt he said, butt after a while, he acknowledged thatt
he had confessed itt to them, being asked in Court, why he
did now deny itt, he answered, because he neither knew
heaven nor hell.
Ezechiell Cheevers testified thatt the prisoner had confessed
the fact to him since he was condemned to dye, and did allso
professe to him att the same time thatt he would neur denye
it againe while he lived. The said Ezekiell asked him, what'
people might thinke of him if he should deny itt againe, if
they might nott justly thinke he was led by the devill, he answered, they could thinke no lesse, and added, the Lord might
justly have strucken him dead formrly, or might have caused
the earth to have swallowed him upp quick for denying the
fact in Court, and taking the name of God in vaine, in kneeling downe and calling God to witness his innocencie, when he
himselfe knew his guiltiness, all wch the prisoner acknowledged he had spoken to Ezekiell Cheevers.
[34]  11 Francis Church testified thatt the prisoner had confessed the fact to him since he was condemned, and tolde him
thatt he wondred thatt the people of God did nott come to
him, and thatt he feared there was no hope of him, because
the people of God did not speake to him as formrly they had
done.
The prisoner acknowledged in Court thatt he had confessed
the fact to Francis Church, though he had formerly oft denyed itt, and further confesseth, that Will Harding, a sawyer,
had given him evill councell to denye itt.
Being hereupon demaunded in Court whether he would
yett give glory to God in a free acknowledgmt of his sinfull
and abominable filthynes in the beastiality before named, he
answered he would leave itt to God, adding thatt he had condemned himselfi by his former confessions.
The Court seriously considering the clearnes of the testimonyes together wth his answers, were aboundantly satisfied
and confirmed, both concerning his guilt, and their formr sen



72            NEW HAVEN COLONY RECORDS.          [1642
tence against him, and now proceeded to determine whatt
time, and what kinde of death he should dye. Itt was therefore by genrll consent concluded and adjudged, thatt on the
6th day next, being the 8 of Aprill, he the said Georg Spencer
shall be hanged upon a gallows till he be dead, the place to
be the farthest part of the feild called the Oyster-shell field,
by the sea side, butt thatt first, the foremenconed sow att the
said place of executid shall be slaine in his sight, being run
through wth a sworde.
THE 8th OF APRILL, 1642.
The day of executid being come, Georg Spencer the prisoner
was brought to the place apoynted by the Court for executis,
in a cart; upon sight of the gallowes he seemed to be much
amazed and trembled, after some pause he began to speake to
the youths about him, exorting them all to take warning by
his example how they neglect and dispise the meanes of
Grace, and their soules good as he had done, in the educatio
he had from his parents, the govermt of his religious mar, and
the publique ministry he had lived vnder, by all wch he might
have gott much sperituall good, butt thatt his hart was hardened. In perticular he directed and pressed his exhort. upon
Anthony Stevens, servant to Mr. Malbon, then present, who
being discontented wth his condico, as the prisoner had heard,
purposed to be gone from- thiplace. He tolde him if he went
from the ordinances he went from Christ, as he had heard itt
delivered in publique, and many other wordes he vsed to the
same purpose; wch being finished, he was advised to improve
the small remainder of his time in the acknowledgmt of his
owne formcr sinfull miscarriages, together wth the abominable
lewdnes he had committed wth the sow there present, and his
desperate obstinacie in such fearefull denyalls after such cleare
and full confession as he had oft made before sundry witnesses. Att first wth the acknowledgment of sundry evills,
both in his yonger yeares, and in his late service, he joyned a
denyall of his fact, butt the halter being fastened to the gallowes, and fitted to his neck, and being tolde it was an ill time




1642]         NEW HAVEN COLONY RECORDS.              73
now to pvoke God when he was falling into his hands, as a
righteous and seveere judge who had vengeanc att hand for all
his other sins, so for his impudency and atheisme, he justified
the sentence as righteous, and fully confessed the beastiality
in all the scircumstances, according to the evidence in Court,
and called for one Will Harding, a sawyer there present, who
coming neare, the prisoner charged upon him the murder of
his soule, affirming thatt the said William Harding coming
into the prison to him, had given him councell to deny the
fact, and had tolde him thatt the Court could nott proceed
against him, butt by his owne confession, wch pernicious
councell had stopped his eare against all wholsome councell
and advice thatt had, from time to time, beene given him, both
by Mr. Davenport and others, for his sperituall good, and had
hardened his hart to such a peremtory denyall in Court,
though he had so often confessed the fact more privately, and
though executio had beene respited betwixt 5 and 6 weeks
[35] after the 11 first sentence, and his life so long spared,
yett the councell of the said Harding had beene a meanes to
hinder his repentance, and now he was ready to dye, and knew
no other butt he must goe presently to hell. Harding denyed
whatt the prisoner charged him wth, butt the prisoner wth
earnestnes confirmed whatt he had spoken, and said he would
beare witness of itt to the death, and wished Harding to thinke
of itt, for he was a cause of his souls damniati. Being desired
to express somthing what apprehensions he had of the haynousnes of his sin, as against God, and whatt impressions of
sorrow were wrought in him for itt, and whatt desires of pardon and mercie in Jesus Christ, he could not, though much
pressed, be drawne to speake a word to any of those purposes,
and in this frame for ought could be discerned, the sow being
first slaine in his sight, he ended his course here, God opening
his mouth before his death, to give him the glory of his rightousnes, to the full satisfacti6 of all then prsent, butt in other
respects leaving him a terrible example of divine justice and
wrath.
10




74            NEW HAVEN COLONY RECORDS.          [1642
[36]  ATT A COURT HELD ATT NEWHAVEN THE 4th OF THE 3d
MONETH, 1642:
Itt is ordered thatt the watches shall be settled forthwth,
consisting of 31 watches, 7 men to each watch, the mars
whereof received their charge given by the magistrates.
Itt is ordered thatt Mr. Evance shall have the 2 trees wch
stands before his house, in lew of 2 peeces of timber thatt
brother Andrews had of his about the meeting house.
Two of bro: Wakemans men is excused fro watching for
the present, because of their imploymt att Pawgasett.
ATT A COURT HELD ATT NEWHAVEN THE it. OF JUNE 1642.
Itt was propounded by the owners of the mill to the Courts
consideratio whether the towne will take itt into their hands,
or establish itt in the place and psons hands where it is.
Mr. Pearce, being mar of a watch and neglecting to order
his watch according to his charge, was onely admonished,
because itt was the first time that he hath transgressed the
order in that kinde.
A COURT HELD THE 5t DAY OF THE 6t. MONETH 1642.
Whereas some goods of Mr. Broadstreets and Mr. Saltingstons were left here by Goodman Quick, Mr. Loudlow desired
to have an attachmt entred agst the said goods for one debt of
three pounds and another debt of twenty & two pounds, of
wch the Court tooke notice, butt demurred in granting the
attachmt.
Itt is ordered thatt if att any time one of the watches be
broake, and the watchmen devided into severall watches, the
captaine shall give warning (to those mars whome itt concernes) of the alteratio, least there be mistaks as formrly.
Itt is ordered that if any souldier come late on trayning
dayes, he shall show himselfe to the clarke of the company,
who is to take notice of his comeing, or else his late comeing
shall be counted as totall absence.




1642]         NEW HAVEN COLONY RECORDS.              75
Josuah Attwater, by reason of his weakness is excused from
traying, yett to serve as clarke to the company; he is contented on trayning dayes to take the names of the souldiers, and
to observe who is absent or defective and prsent them to the
Court, and for that end, he is to call the company att 7 a
clock every traying day.
Itt is ordered that fro hence forwarde none of the watchmen shall have liberty to sleep dureing the watch.
Itt is ordered thatt on trayning dayes, one man shall stay
at home in every farme house, to prevent such danger as may
happen or fall out at the farms if none should be left to keepe
them.
Richard Beach for nott perforing covenant in the worke
wch he undertooke to doe att the mill, wch he was to doe
strongly and substantially, butt did itt weakely and sleightly
as was was proved by the testimony of John Wakefield the
miller, himselfe allso nott denying itt; Itt was ordered that
he should make good the damage, butt because the damage
is not justly known what itt is, Mr. Goodyeare and Mr. Gregson
are to [ve]iw the worke, and consider off and sett downe the
damage by his [defec]tive workmanship.
[37]  II Goodman Barker, for neglecting to watch, was fined
five shillings, and his man for comeing to watch wthout pouder
fined 1s.
Samuell, servant to Edward Chipperfield, for comeing to
watch wth his armes defective, was fined 2s.
Mr. Evance is spared fro personall trayning, provided thatt
he finde a man in his roome, or else pay to the company a
man's hyre every trayning day.
A difference betweene Mr. Evance and Goodfi Mead is referred to Mr. Gilbert and Mr. Gregson wth the consent of
both ptyes.
Samuell Hoskilgs and Elizabeth,' for their filthy dalliance
together, wch was confessed by them both, they were both
severely whipped.: In the margin, " Hoskins and his wife."




76             NEW HAVEN COLONY RECORDS.            [1642
A GENrll COURT HELD ATT NEWHAVEN THE 6th OF THE
6 MONETH 1642.
Brother Abbott and brother Whitehead admitted members
of the Court and received the charge of freemen.
Robt Ceely chosen lewetent of the trayned band, & Fran:
Newma ancient. Bro: Andrewes, bro: Mounson, bro: Clarke
and Goodman Jeffreyes was chosen sergeants.
Brother Kimberly, bro: Mosse, bro: John Nash, and bro:
Whitehead chosen corporalls.
Itt is ordered that the genl!: trayning dayes shall be observed once every month: for the whole company, and thatt
whosoever shall not appeare when he -is called, his fine is 1s.
If totally absent, or dept wthout leave before the company
breake up, his fine is 5s.
Itt is ordered thatt all those thatt have musketts or guns
shall keepe them still, and the pikes thatt are made shall be
att the townes charge, and kept for the townes vse and service.
Itt is ordered that their shall no other mill be built for this
towne, provided thatt the mill thatt now is be so fitted as thatt
itt may serve the townes occasi6s to grinde both Indian and
English come well.
Memord. The Court declared their apprhensions thatt itt
was formrly ordered thatt a cart bridge should be made over
the East River att the towns charge next spring.
Goodma Moulthrop is allowed to have 6 acres of land added
to his lott in the first divisio, and 12 acres in the 2d.
Itt was ordered thatt one of the squadrons in course, shall
trayne every last day, except onely thatt weeke in wch the
genrll trayning is (wch is to be every fift weeke,) and whosoever shall come late to those weekly traynings, his fine is 6d.
If totally absent, his fine is 2s-6d. He yt shall come after the
second drum hath left beating, shall be accounted a late
commer.




1642]         NEW HAVEN COLONY RECORDS.             77
[38]  A  COURT HELD ATT NEWHAVEN THE 3d OF THE 7th
MON: 1642.
Mathew Wilson, for killing a dog of Mr. Perryes willfully
and disorderly, finde 20s. for his disorder, and ordered to pay
20s. damage to Mr. Perry, wch 40s. Edward Chipperfield vndertooke to see payd by the last of September next.
John Lovell, the miller, for sinfull dalliance wth a little
wench of Goodfif Halls, was whipped.
A COURT THE 7th OF SEPT. 1642, HELD ATT NEWHAVEN.
Tho: Pell and attournay for the executor of Richard Jewell, demaunded the remainder of the tearme of nine yeares wch
Thomas Toby late servant to Jerymy Whitnell, wch bound by
covenant to serve wth the said Richard Jewell as appeared by
his indenture, wherevpon the Court wth the consent of the
ptyes, referred to Captaine Turner and Mr. Evance to consider
of and sett downe what damage the said Richard Jewell might
have in his disbursmts and adventures about the said Thomas
Toby, thatt what appeares to be equall may be retourned to
the executors of the said Rich: Jewell out of the wages of
the said Tho: Toby.
Thomas Dickinson, being convicted of stealing divers things
from severall psons, as Mr. Goodyeare, Mr. Evance and others
(who had imployed and intrusted him wth many things and
businesses) and for diverse other notorious crimes, as lyeing
and counterfeating, and denying his name &c, his sentence
was to be severely whipped, and to make two folde restituti6
for all thatt is proved against him or confest by him to be
stolen by him, and to work in irons vntill he have done the
same, and given satisfacti6 for other debts wch he owes in the
towne.
Samuell Hoskins and Elizbeth Cleverley, being desireous to
joyne together in the state of marryage, and nott being able
to make prooffe of their parents consent, butt seeing they both
affirme they have the consent of their parents, and wth all
haveing entred into contract, sinfully and wickedly defiled




78            NEW HAVEN COLONY RECORDS.           [1642
each other wth filthy dalliance and vncleane passages, by wch
they have both made themselves vnfitt for any other, and for
wch they have both received publique correctic, vpon these
considerations, granted them liberty to marry.
[39] A GENrll COURT HELD ATT NEWHAVEN THE 17th OF
SEPT. 1642.
Itt is ordered thatt when any allarum is made upon the approach of any enemy, every souldier in the towne is to repaire
to the meeting house forth with, and nott to loose time in
attend-ing his owne private concernments, except onely in
case of some present assault in or neare the place where he
is, or at least- some discovery of Indians comeing in a hostile
manner.
Itt is ordered thatt in case of any expiditio against the
Indians, whosoever the captaine or leivetennant shall thinke
meete to send forth vpon service (wth approbatio of the magistrates) shall forthwth goe wthout any further dispute, and
judge themselves called to goe, though itt should be to the
extreame hazard of their lives, and if any man shall refuse
to goe upon such a call, the magistrates is to presse him to
goe, whether he will or no.
A GENr11 COURT OF ELECTIONS THE 26th OF THE 8th MONETH,
1642, ATT NEWHAVEN.
Mr. Eaton and Mr. Goodyeare are chosen magistrates for
this towne this ensueing yeare.
Goodman Warde of Stamforde, is chosen constable for
Stamforde this ensueing yeare.
Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakerma are
chosen deputyes for this ensueing yeare to assist in the Courts
by way of advice, butt nott to have any power by way of
sentence.
Mr. Gregson is chosen Treasurer.
Thomas Fugill is chosen Secretary.




1642]         NEW HAVEN COLONY RECORDS.              79
Robert Ceely chosen Marshall.
Itt is ordered thatt the magistrates and deputyes wth Capatane Turnr and Leivetennant Seely, shall advise wth the
deputyes of Stamforde, how they may carry towards the Indians about them, who have comitted divers insolencies and
injuries to the people there.
Itt is ordered thatt whosoever findes any things thatt are
lost shall deliver them to the marshall to be kept safe till the
owners challeng them.
[40]  A COURT HELD ATT NEWHAVEN THE 2d OF NOUEM:
1642.
Whereas there hath beene two attatchments out, in the
hands of Mr. Gregson, the one in the behalfe of Mr. Pocock,
and the other on the behalfe of Mr. John Evance of Newhaven, concerning some goods left here by Mr. Owen, Itt is
therefore ordered thatt those attatchments shall nott take away
the said goods from this place, untill this Court have seene
and determined the equity of those attatchments.
Att the request of Mr. Malbon, Itt is ordered that an attachmente be sent forth to detaine all the goods left in the hands
of Captaine Turner by Mr. Owen, vntill the Court have ordered concerning them.
Forasmuch as the causway to the west side beyond the
bridge is damaged by the cowes goeing thatt way, before the
workemen had fully finished the same, Itt is therefore ordered,
that John Wakeman, Josuah Attwater, John Clarke and Anthony Tompson shall veiw the damage, and sett downe whatt
in their judgmts they conceive is for the workemen to have
in way of satisfactio.
Itt is ordered thatt if their be any goods due to John
Woollen in the marchants hands in reference to Delaware Bay,
there shall be 31 detained to secure a debt to Mr. Bryant of
Milforde till things be cleared betwixt John Woollen and him.
Itt is ordered thatt Mathew Hitchcock shall either pay 20s
to Mr. Perry wch he vndertooke in the behalfe of his brother,
or else sell so much of his brother's goods as will satisfie the
said debt.




80            NEW HAVEN COLONY RECORDS.            [1642
Itt is ordered thatt John Mason, Sam: Higginson and
George Badcoke shall pay to Thomas French the sa of 20S
for takeing his cannow wthout leave, according to an order in
thatt case.
By a letter from  Mr. Marshall to Mr. Hill of Winsor,
bearing date the 7th of Aprill 1636, and a letter to Goodma Mansfield, dated the 13 of October 1641, itt is evidenced
to this Court thatt some of the cattell goeing under the name
of Mr. Trobridge doth belong to Mr. Marshall as his pp goods,
namely a white cow, red sparkled, a heifer, white and red
sparkled, and one white and blacke sparkled; Henry Gibbons
testimony allso concuring wth the aforesaid letters.
Jervas Boykin is ordered to pay vnto George Badcocke the
su of 20s for taking his cannow wthout leave.
Mr. Gregson affirmed thatt he hath nott received paymt for
the passage of Thomas Toby, wherevpon Mr. Pell as attournay for Richard Jewells executours undertooke to see him
satisfied.
The difference betweene Mrs. Stoly5 and Mr. Eliz: Goodma wth their owne consents is refered to Mr. Goodyeere and
Mr. Gregson to determine.
[41] A GENrll COURT HELD ATT NEWHAVEN THE 7th OF
NOUEM: 1642.
Brother Brockett admitted member of this court, and
received the charg of freemen.
Bro: Kimberley chosen Marshall in stead of bro: Ceely.
Itt is ordered thatt if any member of the Court, being
warned to the Genrtl Courts, shall not come and make their
appearance in the Court before all the names of the members
be read ouer by the Secretary, his fine is 1s 6d, and if any of
the rest of the planters shall be absent after their names allso
be read, his fine is Is.
Itt is ordered thatt those who have their farmes att the
river called Stony River shall have liberty to make a sluce in
the river for their owne conveniencie.




1642]        NEW HAVEN COLONY RECORDS.              81
A COURT HELD ATT NEWHAVEN THE 7th OF
DECEMBER 1642.
Forasmuch as John Owen hath had some damage done in
his come by hogs, occasioned through the neglect of Mr. Lamberton, John Bud and Will. Preston in nott makeing vp their
fence in season, itt is therefore ordered thatt the said Mr.
Lamberton, John Bud and Will. Preston shall make satisfactio to the said John Owen for the damage done, (viz) eight
dayes worke and two pecks of corne, wch is to be payd according to the severall pportioS of fence vnsett vp respectively.
Mr. Evance delivered into the Court an awarde betweene
Goodma Whitnell and Tho: Toby on the one pt, and Mr. Pell,
attournay for the executor of Richard Jewell on the other pt,
wherein Thomas Toby is awarded to pay vnto Mr. Pell three
pounds six shillings and fower pence, wch Goodman Andrewes
and Goodma Whitnell vndertooke to pay in his behalfe. And
itt is ordered thatt the said Thomas Toby shall be bound apprentice for three yeares, (from the end of his formr tearme
wth Goodman Whitnell) to them, the said Goodma Andrewes
and Goodman Whitnell, who are to finde him foode and rayment convenient, till the said three yeares be expyred.
A COURT HELD ATT NEWHAVEN THE 4th OF THE 11th
MONETH 1642.
Will Harding being convicted of a great deale of base carryage and filthy dalliances wth divers yong girles, together
wth his inticeing and corrupting divers servants in this plantatio, haunting wth them in night meetings and juncketting,
&c, was sentenced to be seveerly whipped and fined five
pounds to Mr. Malbon, and five pounds to Will Andrewes,
(whose famylyes and daughters he hath so much dishonored
and wronged in attempting to defile them,) and presently to
depart the plantatio, and not to retourne vnder the penalty of
seveer punishment.
11




82           NEW HAVEN COLONY RECORDS.            [1642
[42]  A GENr11 COURT THE 16th OF 11th MONETH 1642.
ATT NEWHAVEN.
Brotherl Lamson admitted member of the Court and accepted the charge.
Itt is ordered thatt two pounds shall be made forthwth, one
att brother Whiteheads corner, wch brother Peck is to keepe,
and another by the creeke, (where brother Nash his shopp did
stand) wlh brother Kimberley is to keepe. Thatt cattell trespassing may be putt in and kept vntill itt appeare who shall
pay the fine and beare the damage, either the owners, if they
have putt them in, or if their keepers have beene negligent or
the cattell beene unruly have gott in when the fences have
beene sufficient, or they whose fences have beene defective or
who have left open or broken downe gates or fences or by any
other meanes have occasioned the damage, in all such cases
the gouenors to answer for those vnder them, butt they againe
to satisfy their gournors as shall be judged meet, and the
keeper of the pound, for impounding every mans cattell to
have of the trespasser 2d a head for hogs and all greater cattell, and a peny a head for goates and kids, halfe to the
bringer in of the cattell & halfe to the pound, or if the pinder
take all the paines he is to have all.
Itt is ordered thatt the Neck shall be a stinted cofno for cattell, and fenced & fitted wth gates to keep in and out according to order, and then he thatt breaks or leaves open gates or
putts in any cattell contrary to the order (the gournor to answer for those vnder him as above) to pay for every beast by
the weeke (any lesse time then a weeke reconed a weeke,) 3d.
Note thatt-12 acres to a horse, 6 acres to an oxe, 3 acres for
a yong steere nott above 2 yeares olde, and 2 acres for a calfe,
and none are to putt cattell into the neck above this proportio.
Itt is ordered thatt all those thatt have their meadowes in
the west meadowes shall heard their cowes on the west side
onely, and all the rest of the towne are to keepe their cowes
on this side, and nott att all to heard them beyond the West
river for this yeare, and no dry cattell are to goe wth the
heards of cowes vnder the penalty of 3d a weeke for every




1642]         NEW HAVEN COLONY RECORDS.                83
head, the one halfe to be payd by the owners, and the other
halfe by the heard.
Itt is ordered thatt a booke shall be kept by the Secretary,
of all the alienations whether houses or lands belonging to
this plantation, butt no entry to be made wthout order of the
Court, and every such entry to be accounted good, according
to the nature and intent of itt, against any formr promise,
covenaunt, bargaine or morgage nott so entered, though such
deeds or promise shall have their just force against such person or persons thatt made them. and against any other part of
his estate, and for every such entry the secretary to be payde
2s.
Itt is ordered thatt the magistrate shall keep a booke of
every warrant and attatchment given out by him, and direct
them to the marshall, and thatt the marshall for serveing them
receive of the plaintiff, till itt be ordered who shall pay, 4d for
a warrant, and 6d for an attatchment. For every tryall in the
Court, the plaintiff or deffendant, or both (if there be cause)
pay to the Treasurer ouer and above the warrant or attachmt
2s.
Itt is ordered thatt every one warned to the Court for transgressing any Genrll Courts order, and found an offendor, or
being warned for fines or rates due and the same haveing
beene first pryvately demaunded by the Treasurer or Marshall,
shall pay to the Marshall 4d.
Itt is ordered thatt every one comitted to prison, besides
after charges and attendance as the Court shall judge, shall
pay the Marshall for turning the key —ls.
Itt is ordered thatt a whole yeares rate be forthwth payd
wthin 6 weekes att the most, [a]nd the constant yearely rates
to goe on in their halfe yeares course, according [to the] formr
order, notwthstanding.
[43]  Itt is ordered thatt whosoever cutteth or causeth any
tree to be cutt downe vpon any comof wthin 2 miles of any
pt of the towne, wthout leave, contrary to order, shall leave
the tree to the towne, lose all his labor, and pay Is fine. If
he carry away the tree or any pt of itt he shall pay further
damage as the Court shall judg meete.




84          NEW HAVEN COLONY RECORDS.             [1643
A COURT HOLDEN ATT NEWHAVEN THE 1t OF THE It MON:
1643.
John Laurence and Valentine, servants to Mr. Malbon, for
imbezilling their mars goods, and keeping disorderly night
meetings wth Will Harding, a lewd and disorderly person,
plotting wth him to carry their mars daughter to the farmes
in the night, concealing divers vncleane filthy dalliances, all
wch they confessed and was whipped.
Ruth Acie, a covenant servant to Mr. Malbon, for stubornes, lyeing, stealing fro her Mrs, and yeilding to filthy dalliance wth Will Harding. was whipped.
Martha Malbon for, consenting to goe in the night to the
farmes wth Wil Harding to a venison feast, for stealing things
fro her parents, and yeilding to filthy dalliance wth the said
Harding, was whipped.
Jane Andrewes, for yielding to filthy dalliance wth the said
Harding, was whipped.
Goodfi Hunt and his wife for keepeing the councells of the
said William Harding, bakeing him a pasty and plum cakes,
and keeping company wth him on the Lords day, and she suffering Harding to kisse her, they being onely admitted to
sojourne in this plantatio vpon their good behavior, was
ordered to be sent out of this towne wthin one moneth after
the date hereof, yea in a shorter time, if any miscaryage be
found in them.
Mr. Moulenor, for his disorder att Totokett in building,
fencing, planting and the like, contrary to order, after he had
againe and againe beene warned fro this Court to the contrary, he haveing no right so to doe, haveing sould all thatt
plantatio to this towne, onely reserving liberty for a lott for
himselfe when a peo: should settle there, as is expressed in
his owne convayances, since wch time as he passed away his
whole right, he purchased a peece of a neck discribed in a
writeing bearing date the 27th of      -1639, writ by Mr.
Gregson, butt in itt hath forged a discripti6 differing fro thatt
made in Mr. Gregsons presence, and thereby layd clame to the
whole necke, whereas the other was lymitted by a line and
marked wth three strokes, butt his sentence respited.




1643]          NEW HAVEN COLONY RECORDS.               85
[44]  A GENrl1 HELD ATT NEWHAVEN THE 5th OF THE
2d MONETH, i643.
A letter from Andrew Ward constable att Stamforde, bearing date the 3d of this prsent, written in the name and by the
consent of the free burgesses there, was read, wherein they
appoynt Captaine John Vnderhill and Richard Geldersleeve
for their deputyes att this Genrll Court, and desire a magistrate may be chosen for the better carrying on of their affayres
in thatt place, and doe nominate Mr. Mitchell and Thirton
Rayner for thatt place. Captaine Vnderhill and Richard Geldersleeve haveing accepted the charge given here to members
of this Court, the Court proceeded to electi5, and Thirston
Rayner was chosen magistrate, to execute thatt office att Stamforde vntill the next Genrll Court of Elections att Newhaven
wch will be in October next.
Allso vpon a moti5 made by the afforesaid deputyes for
Stamforde, Itt is ordered by this Court yt those fower men
allready imployed in the townes occasions there, namely, Captaine John Vnderhill, Mr. Mitchell, Andrew Warde and Robt
Coe shall, (till the aforesaid next Genrll Court for elections)
assist as the deputyes att Newhaven in councell and advice
for the more comely carrying on of publique affayres, the
being annexed to and prserved in the magistrate or magistracie.
Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman
chosen deputyes for the next halfe yeare.
Mr. Malbon chosen Treasurer for this yeare.
Itt is ordered thatt leivetenaunt, the antient, an the fower
sergeants, out of respect to their places, and for their incouragement, shall be henceforth exempted fr5 watching, yett so
as thatt they must take their turnes by course to see thatt the
watches be duely observed.
Itt was further ordered vp5 the desire of the aforesaid deputyes for Stamforde, thatt the trayned band may, (till the
aforesaid next Genrll Court for elections,) chuse or confirme
inferior officers, namely a sergeant or a corporall, or both, to
exercise them in the millitary way, provided thatt such officers




86            NEW HAVEN COLONY RECORDS.            [1643
be both members of the church, and prsented to and approved
off by the magistrate and deputyes for Stamforde, the fundamentall agreement for votes and elections being still prserved
intyre and inviolable.
The Court being informed thatt peeces of eight, both in the
Matachusetts Bay and some other places, doe by order passe
currantly att five shillings, itt was ordered thatt they shall
pass att the same rate both here and att Stamforde among the
planters till the Genr'l Court see cause to alter itt.
Itt was ordered thatt in case any publique occasi5 require
the helpe of labourers or workmen on trayning dayes, the magistrate may send to the Captaine for so many as the case requires, or if itt fall out att other times when there is no
trayning, and thatt men cannott otherwayes be had or procured for the carrying on of some necessary worke wch is of
publique concernment, the magistrate may putt forth an act
of authority and prSse men for the said service and the effecting thereof.
Itt is ordered thatt brother Abbott and brother Hull shall
be freed fro trayning, by reason of their bodyly infirmityes.
[45]  Itt is ordered thatt brother Attwater and Robt Hill
shall be exempted fr5 watch in their owne persons, by reason
of their bodyly infirmityes, yett so as to finde each of them a
man to watch in their roome.
Itt is ordered thatt sister Preston shall sweep and dresse the
meeting house every weeke, and have is a weeke for her
paines.
Whereas Goodma Osborne hath heretofore spoyled divers
hides in the tafiing wch he aleadgeth was for want of skill or
experience in the tanne of this country, he promiseth for the
time to come to make good whatt is spoyled in the tailing, for
now he knowes the nature of the tanne, and therefore, if any
hides be now spoyled itt is through his default.




1643]         NEW HAVEN COLONY RECORDS.              87
A GENrll COURT THE 6t OF THE 2d MONETH 1643.
Itt was ordered thatt Mr. Eaton and Mr. Gregson as comissioners for this jurisdictio of Newhaven shall goe wth other
comissioners for other plantatios into the Bay of Massacusetts
tb treate about a Genrl] combinati5 for all the plantations in
New England, and to conclude and determine the same, as in
their wisdome they shall see cause, for the exalting of Christs
ends and advanceing the publique good in all the plantations.
And allso thatt Mr. Goodyeare, or pastor, the fower deputyes, together wth Georg Lamberton, Robt Newman and Tho:
Fugill shall meete and advise wth them before they goe, the
better to prpare them for thatt greate and weighty busines.
And more ouer thatt if any of the members of the Court, or
of the plantati6 have any thing of weight to suggest for consideratio, they are desired to repaire to the comittee, or any
one of them to cast in whatt light they can.
A GENrll COURT THE 26th OF THE 2d MONETH, 1643.
The comissioners aforesaid desired the Court now to propound any thing to them thatt they would have considered of
in reference to the foremeneoned combinatio, and thatt if any
of them had any light to cast in to them, thatt they would att
this time impart itt, because the time of their goeing drew
neare; butt the whole Court seemed to rest satisfied in the
wisdome and faithfullnes of those wch they had chosen and.
intrusted for thatt great business and therefore had nott
thought of any thing butt whatt they thought had beene considered off, and would be provided for by those intrusted.
Itt is ordered thatt Goodffl Osborne shall have liberty to
cutt downe some trees in the coffion to gett bark for his tanning, and the trees to remaine to the townes vse, either for
posts, railes or other vses as the Court shall see cause to dispose of them.




88            NEW HAVEN COLONY RECORDS.           [1643
[46] A COURT HELD ATT NEWHAVEN THE 3d OF THE 3d
MONETH.
Nicholas Gennings for cofihtting fornicati6 wth Magerett
Bedforde was seveerely whipped, butt his punishmt for other
misdemeanors respited vntill another Court.
A COURT HELD ATT NEWHAVEN THE 7th OF THE 4th MONETH, 1643.
James Stewart, the last trayning day, for runing att Robt
Campio wth his pike, whereby he tore his doublett, and might
have hurt him, was fined 5s for the disorder, wch might have
beene of evill consequence.
Bro: Brockett, for late coming to traine fined Is.
Joh. Beach, haveing killed a cow of George Smyths wth the
falling of a tree, the said George required satisfactio, forasmuch as he conceiveth thatt the said John did itt through
negligence, butt he the said John Beach alleadged for himselfe,
thatt he did nott doe itt negligently, for he being falling a tree,
there came some cowes about him, and the tree in the falling
did rest vpon the bowes of another tree thatt stoode neare, and
then he left the tree, and drave away the cowes as he did conceive wthout the reach of the tree, and in the meane time
some goates comiing vnder the tree he retourned to drive them
away allso, and then came in haste to give 3 or 4 chops att the
tree to hasten the falling of itt before the cattell could come
againe.
Butt itt was testifyed by brother Andrewes and brother
Tompson (who were intreated to veiw the cow and the place,)
thatt he had nott done whatt in reason he might, and ought
to have done to prserve the cattell, and thatt if he had beene
as carefull as he might, no hurt need have be done, for the
place was so hemmed in wth fallen trees as thatt there was
little way open, (on thatt side wch he said he drave the cowes)
for them to come in att againe, so thatt he might have kept
them from danger if he had beene as carefull as he ought to
have beene, besides, they affirme thatt the cow was killed about
a rod or 20 foote wthin the reach of the tree, moreouer itt was
testifyed by brother Andrewes and Robt Campion, thatt he




1643]         NEW HAVEN COLONY RECORDS.               89
the said John Beach did affirme thatt when he was cutting
the tree the last time, he saw the cowes comeing againe, and
he did throw sticks att them, butt confessed he did not goe to
drive them as before, wch was noted to be a great neglect of
him, and allthough he did alleadge in the Court thatt he did
drive the cowes wthout the compasse of the fallen trees aforesaid, brother Tompson observed itt to be an vntruth, for he
had tolde them att the first, when they went to veiw the cow,
thatt he drave them to such a place, wch both he and brother
Andrewes affirme was wthin the aforesaid compasse. Vpon
all wch testimony i[t] was ordered thatt the said John Beach
shall make good the damage to the vallue of 51 wch price
Georg Smyth sett vpon his cow wth much moderatiS, though
she was really worth more.
Margerett Bedforde, being convicted of fornicati6 and stealing wth divers other miscarryages, was severely whipped, and
ordered to be marryed to Nicholas Gennings wth whome she
hath beene nanght.
[47] A COURT HELD ATT NEWHAVEN THE 5th: 5th MIONETH,
1643.
Will Fancie his wife, being charged wth stealing divers
things from sondry psons, she confessed thatt she did steale
about 5000 of pins fro Mrs. Lamberton wth divers peells of
lynning, and a jugge to the vallue of 17s as they were prized.
She confessed allso thatt she stole from  Mrs. Gilbert, two
pillow beares and a shift, all wch she tooke forth of a tub of
water in the colde of winter when the famyly was att prayer.
And att Conectecutt, being kindely entertained as a strainger
by a friend there, she stole a table napkin att her goeing away.
Now forasmuch as itt appeares to have beene her trade, she
haveing beene twice whipped att Connectecutt, and thatt still
she continues a notorious theefe and a lyer, itt was ordered
thatt she should be seveerly whipped, and restore whatt is
found wth her in specie, and make double restitutio for the
rest.
Andrew Low, Junr for breaking into Mr. Lings house, where
12




90            NEW HAVEN COLONY RECORDS.           [1643
he brake open a cup[board] and tooke fr5 thence some strong
water, and 6d in mony, and ransackt all the house fro roome
to roome, and left open the dores, for wch fact he being comitted to prison brake forth and so escaped, and still remaines
horrible obstinate and rebellious against his parents, and
incorrigable vnder all the meanes thatt have beene vsed to
reclame him, wherevpon itt was ordered, thatt he should be
as seveerly whipped as the rule will beare, and to worke with
his father as a prisoner wth a lock vpon his leg, so as he may
nott escape.
Itt was ordered thatt Luke Atkinson shall be payd 18s and
Td out of Lawrence Watts estate, in consideratio'of vse of his
bedding and houshold stuffe when he lived wth him, wch was
for the space of a yeare and a quarter thatt he sojourned in his
house: and Goodman Hitchcock is allso to have 4s out of the
said estate wch the said Lawrence Watts did owe him.
Theophilus Higginson testified thatt Lawrence Watts did
borrow a gun of John Dillingham wch he was to restore againe,
butt dyed before itt was restored.




1643]          NEW HAVEN COLONY RECORDS.                    91
a.     g.
Names of the             5 |
[48],; to
Mr. Theoph: Eaton  6 3000 165  33 /     153  612   10-13-00
Mr. Sam: Eaton    2  800  45   9         41  164    2-19-00
Mrs. Eaton         1  150  10   2         8   32   00-12-00
David Yale         1  300  174  34       154  62   01-02-06
Will Touttle       7  450  374  74       26   107  02-01-06
Eze: Cheeveis      3   20   8[ 11 32   21  10  00-05-11
Captaine Turner    7  800  571 1 1-  434  174  03-06-06
Rich: Pery         3  260  204  44-16   14~   58  01-02-08
Mr. Davenport      3 1000  574 114       512  206
Rich: Malbon       7  500  424  81    281-  114  02-05-06
Tho: Nash          7  110  23  44 16  09        36  00-18-02
John Benham        5  070  16   3-32    6       24  00-12-04ob
Tho: Kimberley    7  012 18-16 31-19  4-16 164-24 00-11-02
Joh: Chapma        2  300  20  4        16     64  01-04-00
Mlath: Gilbert     2  600  35  7       031    124  02-05-00
Jasper Craine      3  480  164  34-8  254   120  01-15-01
Mr. Roe            6 1000  65   13    53    212
An elder           4  500  35    7    27    108  02:01:00
Geo Lamberton      6 61000  65   13   53    212  03-19-00
Will Wilks         2  150  124   24   81-    34  00-13-06
Tho: Jeffrey       2  100  10    2    6         24  00-10-00
Robt. Ceely        4  179 183-32  3 -8 101-32  43  00-18-05
Nich: Elsey        2   30    64  1~-8  2~       10  00-05-01
Joh: Budcd         6  450  31  74   25~   102  02-00-06
Rich: Hull         4   19  11    2-30  3    114 4 00-07-04
Will: Preston     10   40  27   54-24  7        28  00-17-09
Ben: Fenne         2   80   9   I1-8  5         20  00-08-07
Will Jeanes        5  150  20    4    10        40  00-18-00
Joh: Brockett      1   15   34   — 24  14        5  00-02-06ob
Roger Allen        1   40   44   4-24  24       10  00-04-030b
Mr. Hickocks       6 1000  65       13 53      212  03-19-00
Mr. Mansfeilcl     4  400  30         6 22      88
Tho: Gregson       6  600  45       9  33      133
Steph: Goodyear   9 1000  724   144 541    218  09-19-02
Will Hawkins       2 1000  55    11  51        204
Jer: Whitnell      2 0050    74    1   3        14  00-06-06
Sam: Bayley        1  250  15       3  13       52  00-19-00
Tho: Buckingham   4   60  13  2 16  5           20  00-10-02
Rich: Miles        7  400  37,    74 234        94  01-18-06
Tho: Welch         1  250  15       3  13       25  00-19-00
Nath: Axtell       1  500  274    6  25  101  01-16-07




92              NEW HAVEN COLONY RECORDS.               [1643
Hen: Stonell       1  300  17l   31   151    62  01-02-06
Will Fowler        3  800  47    9-   411   166  03-06-06
Peter Preden       4  500  35    7    27    108  02-01-00
James Preden       3   10   8   11-16  2        8  00-05-02
Edmond Tapp        7  800p 52       111   431   174  03-06-06
WVid: Baldwin      5  800  522  10~   422  170  03-03-06
An elder           6  500  40    8    28    112    0-0-0
Rich: Platt        4  200  20    4    12       48  01-00-00
Zack: Whitmla      2  800  45    9    41    164  02-19-00
Tho: Osborne       6  300  30    6    18       72  01-10-00
Hen: Rudderforde  2  100  10    2        6     24  00-10-00
Tho: Trobridge    5  500  37T    71   271  110  02-02-06
WTid: Potter       2   30   6~  I 14    22    10  00-05-01
Joh: Potter        4   25  11~   2~    3~    13  00-07-09
Sam: Whitehead    2   60   8   1~ 16  4        16  00-06-06
Joh: Clark         3  240  191  34 24 131    54  01-11-00ob
Luke Atkinson      4   50  10    2 16   41    18   00-09-06
Arther Halbidge    4   20  11   2 32   3       12  00-07-04
Edwclard Banister   3   10   8   1~ 16  2       8  00-05-02
Will Peek        i 4   12 10- 162 16 11-16   101 00-06-10
Joh: Mosse         3   10   8   1~-16 2         8  00-05-02
Joh: Charles       4   50  121   2'  441       18  00-09-06
Rich: Beach      I 1   20            321 11~    6  00-02-10
Timothy Forde      2   10   5  1-16 1           6  00-03-08
Peter Browne       3   30   9   1{-8           12  00-06-07
Daniel Pale       1  100   7~   1~   5-1    22  00-08-06
Joh: Livermoore   4  100  15    3    7    i 28  00-13-00
Antho: Tompson    4  150  17~   31   91        38   00-16-06
Joh: Reeder        2  140  12   2~ 24 8  32  00-12-10
Robt. Cogswell     4   60  13   1~-161 5       20  00-1 0-02
Afathi: Hitchcock   3   50  10    2   14       16  00-08-00
Flra: H all        3   10   8   10-161 2        8  00-05-02
RIich:Osborne      3   10   8   11 16. 2        8  00-05-02
Will Potter        4   40  12   2~ 24 4        16  00-08-090b
James Clark        4   50  12~   21   4-    18  00-09-06
Edward Patteson   1   40   4i   8 24 21        10  00-04-03ob
Andr. Hull         4   40 12   2_ 241 4        16  00-08-09ob
WTill Ives         2   25   64   14   21       09  00-04-09
Geo: Smyth         1   50   5    1    34       12  00-05-00
Widd: Shirman    2   50   7   1        3    | 14  00-06-06
Math Moulthrop
Tho: James sen.   5  200  22    41   12~1   50
Wid: Greene        3   80 11~  2 24  5i    22  00-10-02
Tho: Yale          1  100   72           51    22  00-08-06
Tho: Fugill        2  100 10    2        6     24  00-10-08




1643]          NEW HAVEN COLONY RECORDS.                    93
Joh: Ponderson     2  180 14   21 32 10        40   00-15-06
Joh: Johnson       5  150 20    4    10        40   00-18-00
Abra: Bell         1   10   3    -1 16  1       4  00-02-02ob
Joh: Evance        1  500 271   51   251   102   01-16-06
MIr. Mayres        2  800 45    9    41    164  02-19-00
Mrs. Constable     3  150 15    3       9      36   00-15-00
Josuah Attwater    2  300 20    4    16        64  01-11-06
Tho: Fugill        1  400 221   41   20-   82   01-09-06
Edward Wigglsw:  3  300 221 4x           16  66   01-05-06
Tho: Powell        1  100  71   41    5-   22   00-08-06
Hen: Browing       8  340 37   71 24 21        84   01-15-09
Mrs. Higison       8  250 321   61-  16~    66  01-08-06
Edw: Tench         3  400 27j   5 1 21-    86  01-12-10
Jer: Dixon         1  300 11    21   15~    62   01-01-04
Will Thorp        3   10  8   11 16  2          8   00-05-02
Robt. Hill         1   10  3    g 16  1         4  00-02-02
Wid: Williams      2   60  8   11 16  4        16  00-07-02
Andr. Low          3   10  8   1I 16  2         8   00-05-02
Fr. Newman         2  160 13   21 16  9 ~   36   00-14-02
Joh: Caffins       2  500 671  131   291    73   02-08-6
David Attwater    1  500 - -   -       241   141    1-11.4
Lucas       6  400 35    7    23        92
Dearmer*   1  300 17   31   15,    62
Ben Ling           2  320 21    4-32 17        68   01-05-04
Robt. Newman       2  700 40    8    36    144   02-12-00
Will Andrews       8  150 271   52   11    46   01-02-06
Joh: Cowp          3   30   9    1 8  3        12   00-06-07
Rich: Beckley     4   20 11    2-32  3         12  00-07-04
Mr. Marshall      5 1000 621  12-   521   210   03-17-06
Mrs. Eldred       5 1000 62 1  121   521   210   03-17-06
Fran: Brewster    9 1000 35    7    541   263   03-15-10
Mark Pearce      I 2  150 121   2I    81   34  00-13-06
Jarvis Boykin     2   40   7   11 24  3        12   00-05-09
James Russell     2   20   6   1-32    2        8   00-04-04
Geo: Warde       i 6   10 15   3-16   31    14   00-09-08
Lawrence Ward    2   30   6 { 11-8   21    10   00-04-09
Moses Wheeler      2   50  7   1 1      31    14  00-06-06
X In the margin, Thom Lord, I. Robert Tamadg, L.




94                  NEW HAVEN COLONY RECORDS.
[The following is in the handwriting of Francis Newman.]
[                                                              ]
The names of ye        Mr. Lucas home lott. Joseph Pecke         ch an equall
Tennants of oystershell                      William Johnson   en
field; beginning 1648.                       Thomas Beamond ) t portion.
Mrch 10th.
rFrancis Browne 3   rMr. Lucas out lotts. William Thorpe 4: acrs of ye first
for yeferrey: rentfee.                                  devizion next his owne.
Acers                     Joseph Pecke      each of them 53
Thom Moris           4                                         acrs in 3: pts,
William Paine        2                      Henry Pecke        w'hin the two
Widdow Knowles    2                                            mile: 3 acrs of
Jne Coopr            4                      Tho Beamond        meddow and 12
Mr Malbon            7                                          acrs of vpland
Henry Morell         2                      William Johnson iin ye second diMr Gilbert           4                                         vission.
Robert Pig           2                      Jeremiah Whitnel 4: acr in ye 3d
JohFrancis Browne    2                       devission wthin ye 2 mile.
John Walker          2                      three acrs of meddowe & 12 acr of
Thom: MHa nso        2                       ye second divission.
Robert Martin        2                       John Ponderson 5 acr of meddow:
William Holt         2                      20 acr of ye sec devission.'William Pecke       1
Willifor a    shooting place                George Laremore 3, ac meddowe:
12 ac of ye sec devission.
43                      Richard Hull, 4 acr of ye see devis
Phillip Leeke yt is                          wthin ye 2 mile.
his owne             1
Mris i ldreds out lotts.  Thomas Wheeler senior
Thomas Wheeler junior   Each of these are to haue: 6: aclr
Henry Glouer                wthin ye two mile in 3 ptes.
William Holt
Joseph Alsop              JnoVincon  each 3 acr: wthin the
Ephrahim Penington        Joseph Nash j two mile in 3: pts.
Phillip Leeke           J
Andrew Low
Christopher Todd.         Each of these to haue 4 [acrs] wthin
Henry Morell                ye 2: mile in 3: pts.
The Meddow and second divission to be devided eqn[ally]
betwixt Nathaniel Merriman, Mathias Hitchcocke and Isacke
Whitehead if he accept it.
Mr. Roes out lotts. William Gibbons  ]
John Hall
Jeremiah How
Robert Martin
WillRobert Martin     Each of these are to haue 1~ acr in ye first
1William Russell   W devission wthin ye two mile & 123 acrs in each
William Paine       of ye other two devissions wthin ye two mile.
Jonathan Marsh
John Walker
Francis Browne
Abraham Dowlitle




NEW  HAVEN COLONY RECORDS.'                  95
Thom. Munson 41 acr in ye 2d devisiS wthin ye 2 mile next
Mr. Malbons.
Phillip Leeke two acr in ye first devis. 2: in ye 3d wthin ye
two mile.
Joseph Nash two acr 3 out of Mr. Roes first devis & ye Elders
and two ac's on a sixt pt of Mr. Roes
third devis, wthin ye two mile.
The meddow and second devission of vpland is granted to
John Brocket and Thomas Barnes.
A lott reserved for } Mr. Auger the home lott and halfe ye accomodations.
an Elder         Thom. Moris 1 quarter of ye accomodations.
William Andrewes 3: acrs of meddow, 12 aces of ye sec deviss.
Andrew Low 2 acer  of meddow: 9: acer of ye sec deviss.
Joseph Nash II aCr mecddow in ye mill meddow:6: acr sec
dieviss]
John Vincon  ahboute 5 acr - of ye see & third deviss.
Joseph Nash            4
At a Court 8th Nouembr 1652, the land in the
neck belonging to Mr. Roes lott, Mris Eldreds,
and Mr. Lucas was giuen to ye Gouernor.
APRILL THE 20th 1[                              ] *
The comihttee appointed to dispose of the absent lott mett &
vpon the request of Mathew Camfeild, granted to him the
home lott wch was laide out and reserved for Mris Eldred,
vpon the conditions following vizd
That he plant it all wth fruit trees, except aboute one acr
next the front, and that he prsently paye for the fenc belonging to it, as it is now worth, being vallewed by indifferent
men, & so maintayne and keepe it, and if in ye terme of five
yeeres, the towne shall see cause to dispose of it to any man
wch may be of publique vse and benefit to the towne, it is to
be at the townes dispose, payeing him for his trees and his
fenc aboute ye lott, as they shall be then worth, being equally
vallewed by indifferent men, but if the towne shall not dispose
of it to some such man wthin ye terme of 5 yeeres, that then
tile said Mathew Camfeild shall haue the lott, paying to the
towne for ye ground as it is worth, being vallewed by indifferent men, and that then he shall build a dwelling house vpon
it, comely and fitt for habitation, that so it may not lye as a
vacant lott:
And vpon the same termes, at the same time the coTittee
granted Mr. Roes home lott, to Mr. Davenport, Mr. Gilbert
and Mr. Crane.
* The date of this entry is probably 1648.




96             NEW HAVEN COLONY RECORDS.                [1643
[Next after are recorded in the handwriting of Mr. Gibbard, the Indian deeds which
have been transferred to the beginning of this volume.
There appears to have been no pages numbered from 51 to 62.]
[In the handwriting of Thomas Fugill.]
[62] ATT A GENrll COURT HELD ATT NEWHAVEN FOR THE
PLANTATIONS WtHIN THIS JURISDICTI6, THE 6t OF JULY, 1643.
Mr. Leete and Mr. Disbourough of Manunkatuck were admitted members and received the charge of freeff for this
Court.  Brother Preston allso admitted member of this Court
and accepted his charge.
Mr. Eaton and Mr. Gregson, lately sent from this Court as
comissioners wth full power to treate, and, if itt might be, to
conclude a combination or confcederation wth the Genrll Court
for the Massachusetts, and wth the comissioners for New Plymouth and Connectecutt, did this day acquaint the Court wth
the issue and successe of thatt treaty. The articles agreed and
concluded att Boston, the 19th of May, 1643, were now read
and by this whole Court approved and confirmed.  And itt was
ordered thatt the Secretary enter them as a recorde.  A letter
allso from  Mr. Wintropp, Governor of the Massachusetts,
dated the 19th of June last past was read, wherein from Mr.
Winslow-he signifies the cheerefull concurrence of the Court
att Plymouth in the said confcederati6, according to the forenamed articles.
Itt was further ordered by this Court, thatt all tile males in
or belonging to every of the plantatioS in this jurisdictio, fro
sixteene yeare olde to sixty, be duely numbred according to
the said articles. And thatt a true and particular account of
them  be brought in, betwixt this and the midle of August
next, to be sent to the next meeting of the comissioners at
Boston.  Lastly, the said Mr. Eaton and Mr. Gregson were
by this Court chosen and invested wth full power, (according
to the tennor and true meaning of the said Articles,) as cofnissoners for this jurisdictio in the meeting for this confaederatio, to be held att Boston, the 7th of September next.
Manunkatuck named Guilforde.
Itt is ordered thatt every male, fro 16 yeares olde to sixty,
wthin this jurisdicto, shall be forthwth furnished of a good




1643]          NEW HAVEN COLONY RECORDS.                97
gun or muskett, a pound of good ponder, 4 fathom of match
for a match-lock, and 5 or 6 good flints, fitted for every fyre
lock, and 4 pound of pistoll bulletts, or 24 bulletts fitted to
their guns, and so continue furnished from time to time, vnder
the penalty of 10s fine vpon every defect in any of the forenamed perticulars. And itt was further ordered thatt the
Captaine shall give order to the officers thatt they take a strict
veiw of all the defects or neglects of the trayned band, once
every quarter, vnder the penalty of 40s, and if the officers
shall neglect to do itt, att his appoyntment, their fine is 40O
allso, to be leivyed att the discreti5 of the Court, and thatt a
retourne of the said veiw be made to the Court by the Captaine or the clark of the company at his appoyntment, vnder
the penalty aforesaid.
Itt was -ordered thatt 51 fr5 Stamforde, and 51 fro Guilforde,
and 21 fri  Yenycott shall be forthwth raised and payd into
the treasury of Newhaven towards the charges about the combinatio.
Mr. Goodyeere was desired by the Court to write to the
inhabitants of Yenycott, to lett them know the equity of the
proceedings of this Court in rateing all men imptially according to their accoihodations wthin the libertyes of this
plantation, & thatt it will be expected thatt the same rule be
attended vnto by them there allso.
[63]   1 Itt was ordered thatt each plantatio wthin this jurisdicti6 shall have a coppy of the Articles of Confoederatio, for
wch they are to pay the Secretary.
A letter from  Mr. Wintropp was read, wherein he layd
downe divers reasons why the Massachusetts gave liberty to
the Frenchmen, late arrived there, to gett whatt help they
coulde in thatt jurisdictio to assist them in their enterprize att
the French plantatio.
[The remainder of this page is blank.]




98         NEW HAVEN COLONY RECORDS.             [1643
[64] Articles of Confcederati5 betwixt the Platations vnder
the Gouermt of the Massacusetts, the Plantations vnder
the Gournt of Newplymouth, the Plantations vnder the
Gourmt of Conecticutt, and the Gourmt of Newhaven
wth, the Plantatios in combinati5 wth itt.
Whereas we all came into these pts of America wth one
and the same end and ayme, namely to advance the kingdome
of or Lord Jesus Christ, and to enjoy the libertyes of the Gospell in purity wth peace, and whereas in or settling, (by a
wise pvidence of God,) we are further dispersed vpon the sea
coasts and rivers then was at first intended, so thatt wee cannott (according to our desire) wth conveniencie comunicate
in one governmt and jurisdictio, & whereas we live incompassed wth people of severall nations and strange languages,
weh hereafter may prove injurious to vs or our posterity, and
forasmuch as the natives have formrly comitted sundry insolencies and outrages vpon severall plantations of the English,
and have of late combined themselves against vs, & seeing, by
reason of the sad distractions in England wch they have heard
of, and by web they know we are hindred both.from thatt
humble way of seeking advice, and reaping those comfortable
frutes of protecti5 wch att other times we might well expect,
We therefore doe conceive itt our bounden dutye wthout
delay to enter into a prsent consociation amongst ourselves
for mutuall help and strength in all our future concermts,
thatt as in natio and religio, so in other respects, we bee and
continue one, according to the tennure and true meaning of
the ensueing articles.
1 Wherefore itt is fully agreed and concluded by and betweene the ptyes or jurisdictions above named, and they
joyntly and severally doe by these presents agree and conclude
thatt they all be, and henceforth be called by the name of the
United Collonyes of New England.
2 The said United Colonyes, for themselves and their posterityes, doe joyntly and severally, hereby enter into a firme
and perpetuall leage of frendship and amyty, for offence and
defence, mutuall advice and succour, vpon all just occasions,




1643]          NEW HAVEN COLONY RECORDS.                9.9
both for prserving and ppagateing the truth and libertyes of
the Gospell and of their owne mutuall safety and wellfare.
3 Itt is further agreed thatt the plantatios wch att present
are or hereafter shall be settled wthin the lymitts of the Massacusetts shall be for ever vnder the govermt of the Massacusetts, and shall have peculiar jurisdicti5 amongst themselves
in all cases as a entire body, & thatt Plymouth, Conectecut
and Newhaven shall each of them in all respects have the like
peculiar jurisdictio and govermt wthin their liffiitts, and in referrence to the plantations wch allready are settled or shall
hereafter be erected, and shall settle wthin any of their lyffits,
respectively; provided, thatt no other jurisdicti5 shall hereafter be taken in as a distinct head or member of this confoederati5, nor shall any other, either plantatio  or jurisdicti6 in
prsent being, and nott already in combinati5 or vnder the jurisdicti5 of any of these confcederates, be received by any of
them, nor shall any two of these confederates joyne in one
jurisdicti5 wthout consent of the rest, wch consent to be interpreted as in the sixt ensueing article is expressed.
4 Itt is allso by these confoederates agreed thatt the charge
of all just warres, whether offensive or defensive, vpon whatt
pt or member of this confcederati5 soever they fall, shall both
ill men, provisions and all other disbursmts be borne by all the
pts of this confoederatio in different proportions, according to
their different abilityes in manr following, Thatt the comissionrs for each jurisdicti6 from time to time, as there shalbe
occasi5, bring a true account and number of all the males in
each plantatio, or any way belonging to or vnder their severall
jurisdictions, of whatt quality or conditi5 soeur they be, from
sixteene yeares olde to three score, being inhabitants there,
and thatt according to the different numbers wch from time to
time shall be found in each jurisdictio, vp5 a true and just
account, ye service of men & all charges of the warre be borne
by the pole, each plantatio or jurisdicti5 being left to their
owne just course & custome of rateing themselves and people,
according to their different estates,' wth due respect to their
quallityes and exemptions among themselves, though the confoederatiO take no notice of any such prveledg, and thatt




100            NEW HAVEN COLONY RECORDS.           [1643
according to the differt charge of each jurisdicti6 & plantatiS
the whole advantage of the warre, (if it please God so to
blesse their endeavors) whether itt be in lands, goods or psons,
shall be pportionably devided among the said confcederates.
[65]  5 Itt is further agreed thatt if any of these jurisdictions, or any plantation vnder or in combinatiG wth them, be
invaded by any enemy whomsoever, vpon notice and request
of any three magistrates of thatt jurisdictio so invaded, the
rest of the confederates, wthout any further meeting or
expostuilatio, shall forthwth send ayde to the confcederate in
danger, but in different proportions, namely, the Massacusetts
one hundred men, sufficiently armed and pvided for such a
service and journay, and each of the rest forty five men, so
armed & pvided, or any lesse number, if lesse be required
according to this pportio.  Butt if such a confederate in danger may be supplyed by their next confoederate, nott exceeding the numbr hereby agreed, they may crave help there, and
seeke no further for the prsent, the charge to be borne as in
this article is expressed and att their retourne to be victualled
and supplyed wth powder and shott (if there be need,) for
their journay, by thatt jurisdicti6 weh imployed or sent for
them, butt none of the jurisdictions to exceed these numbers,
till by a meeting of the comissioners for this confcederatio, a
greater ayde appeare necessary, and this proporti5 to continue
till vpon knowledge of the numbers in each jurisdicti6 (wlh
shall be brought to the next meeting,) some other proporti6
be ordered, but in any such case of sending men for prsent
ayde whether before or after such alterac6, it is agreed thatt
att the meeting of the comisionls for this confcederatio, the
cause of such warre or invasi5 be duely considered, and if itt
appeare thatt the fault lay in the pty so invaded, thatt then
thattjurisdicti5 or plantati6 make just satisfacti5 both to the
invaders whome they have injured, and beare all the charges
of the warre themselves, wthout requireing any allowance
from the rest of the confoederats towards the same. And further, if any jurisdicti5 see any danger of an invasi5 approaching, & there be time for a meeting, thatt in such case three
magistrates of thatt jurisdictio may suffion a meeting att such




1643]         NEW HAVEN COLONY RECORDS.               101
convenient place as themselves shall thinke meete, to consider
and pvide against the threatned danger.  Pvided, when they
are mett they may remove to whatt place they please, onely
while any of these fower confederates have butt 3 magistrates
in their jurisdictiQ, a request or sutifons from  ally two of
them  shall be acounted of equall force wth the three mentioned in both the clauses of this article, till there be an
increase of magistrates there.
6 Itt is allso agreed thatt for the managing and concluding
of all affayres pp to, & concerning the whole confcederatiS,
two comissioners shall be chosen by and out of each of these
4 jurisdictios, namely, two for the Massacusetts, two for Plymouth, two for Conectecutt, and two for Newhaven, being all in
church fellowship wth vs, wch shall bring full power from their
severall Geenrl' Courts respectively, to heare, examine, weigh
& determine all affaires of warre or peace, leags, aydes,
charges and numbers of men for warre, devisiS of spoyles, or
whatsoever is gotten by conquest, receiveing of more confoederates or plantations into combinati5 wth any of these confceeates, and all things of like nature wch are the pp conlco~iitants or consequents of such a confcederati6o for amyty,
offence and deffence, nott intermedling wth the gourmt of any
of the jurisdictions, wch, by the third article, is prserved
intirely to themselves.
Butt if these eight comissionrs, when they meete shall nott
all agree, yett it is concluded thatt any six of the eight agreeing shall have power to settle and determine the busines in
question. Butt if. six doe not agree, thatt then such propositions wth their reasons, so farre as they have beene debated,
be sent and referred to the fower Generall Courts, (viz) the
Massacusetts, Plymouth, Conectecutt and Newhaven, and if
at all the said Generall Courts the busines so referred be concluded, then to be psecuted by the confrederates, and all their
members.  Itt is further agreed thatt these eight comissioners
shall meete once every yeare, besides extraordinary meetings,
according to the fifth article, to consider, treate and conclude
of all affayres belonging to this confcederati6, wch meeting
shall ever be the first Thursday in September, and thatt the




102            NEW HAVEN COLONY RECORDS.             [1643
next meeting after the date of these prsents, wch shall be
accounted the second meeting, shall be att Boston in the Massacusetts, the third att Hartforde, the fowerth att Newhaven,
the fifth att Plymouth, the sixt and seaventh att Boston, and
then att Hartforde, Newhaven and Plymouth and so in course
successively, if in the meane time some middle place be nott
found out and agreed on, wch may be comodious for all the
jurisdictions.
[66]  7 Itt is further agreed thatt att each meeting of these
eight comissionrs, whether ordinary or extraordinary, they all,
or any six of them agreeing as before, may chuse their president, out of themselves, whose office & worke shalbe to direct
for order and comely carrying on of all proceedings in the
prsent meeting, butt he shalbe invested wth no such power or
respect as by wch he shall hinder the propounding or progresse of any business or any way cast the skales, otherwise
then in the prsedent article is agreed.
8 Itt is allso agreed thatt the comissiolrs for this confoederati5 hereafter att their meetings, whether ordinary or extraordinary, as they may have comissio or oportunity, doe endeavour to frame and establish agreemts and orders in genrIl
cases of a civill nature wherein all the plantations are interessed, for prserving peace amongst themselves, and prventing,
(as much as may be) all occasions of warre or differences wth
others, as about the free and speedy passage of justice in each
jurisdictio to all the confederates equally as to their owne,
not receiving those thatt remove fro one plantati5 to another
wthout due certifficates, how all the jurisdictios may carry itt
towards the Indians, thatt they neither grow insolent, nor be
injured wthout due satisfacti6, least warre breake in vpon the
confederates through such miscarryages.  Itt is allso agreed,
thatt if any servant run away from his mar into any other of
these confoederated jurisdictions, thatt in such case, vpon the
certifficate of one magistrate in the jurisdicti5 out of which
the said servant fled, or vpon other due proofe, the said servant shall be deliured to his said mar, or to any other thatt
psues and brings such certifficate or proofe, and thatt vpon the
escape of any prisoner whatsoever or figitive for any criminall




1643]          NEW HAVEN COLONY RECORDS.                103
cause, wther breaking prison, or getting fro the officer, or otherwise escapeing, vpon the certifficate of two magistrates of
the jurisdicti5 out of wch the escape is made, thatt he was a
prisoner, or such an offendor att the time of the escape, the
magistrates, or some of them, of thatt jurisdicti6 where, for
the prsent the said prisoner or fugitive abideth, shall forthwth
grant such a warrant as the case will beare for the apprehending of any such pson, and the delivery of him into the hand of
the officer or other pson who psueth him, and if there be help
required for the safe retourning of any such offender, then itt
shall be granted vnto him thatt craves itt, lie paying the
charges thereof.
9 And for thatt the justest warres may be of dangerous
consequence, especially to the smaller plantatios in  these
vnited collonyes, itt is agreed thatt neither the Massacusetts,
Plymouth, Conectecutt, nor Newhaven, nor any of the members of any of them, shall, att any time hereafter begin, vndertake or illgage themselves, or this confcederatio, or any pt
thereof, in any warre whatsoever, (sudden exegents wth the
necessary consequences thereof excepted, wch are allso to be
moderated as much as the case will pmitt,) wthout the consent
and agreemt of the forenamed eight comissionrs, or att least
six of them, as in the sixt article is provided, and thatt no
charge be required of any of the confoederates in case of a
defensive warre, till the said comissionrs have mett and
approved the justice of the warre, and have agreed vpon the
suffi of mony to be leivied, wch si is then to be payd by the
severall confcederates, in proportion, according to the fowerth
article.
10 Thatt in extraordinary occasions, when meetings are
suihoned by three magistrates of any jurisdicti6, or two, as in
the fift article, if any of the comissioners come not, due
warning being given or sent, itt is agreed thatt fower of the
comissioners shall have power to direct a warre wch cannot be
delayed, & to send for due proportions of men out of each
jurisdicti6, as well as six might doe if all mett, but nott less
then six shall determine the justice of the warre, or allow the




104            NEW HAVEN COLONY RECORDS.              [1643
demaunds or bills of charges or cause any levies to be made
for the same.
11 Itt is further agreed thatt if any of the confederates
shall hereafter breake any of these prsent articles, or be any
other way injurious to any one of the other jurisdictios, such
breach of agreemt or injury shall be duely considered and
ordered by the comissrs for the other jurisdictions, thatt both
peace and this prsent confrederation may be intyrely prserved
wthout violatio.
[67]  12 Lastly, this ppetuall confoederatio and the severall
articles and agreemts thereof, being read and seriously considered, both by the Generall Court for the Massacusetts, and by
the comissionrs for Plymouth, Conectecutt and Newhaven,
were fully allowed and confirmed by three of the forenamed
confcederates, namely, the Massacusetts, Conectecut and Newhaven, onely the comissioners from  Plymouth, haveing noe
comission to conclude, desired respite till they might advise
wth their Generall Court, Wherevpo itt was agreed and concluded by the said Court of the Massacusetts, and the comissioners for the other two confcederates, thatt, if Plymoth
consent, then the whole treaty, as it stands in these prsent
articles, is and shall continue firme and stable, wthout alterati5. Butt, if Plymouth come nott in, yett the other three
~confcederates doe, by these prsents, conclude the whole confcederatio and all the articles thereof, onely in Septeiff. next,
when the second meeting of the comissionrs is to be att Boston, new consideratio may be taken of the sixt article, wch
concerns number of comissioners for meeting and concluding
the affayres of this confcederatio, to the satisfactio of the
court of the Massacusetts, and the comissionrs for the other
two confcederates, butt the rest to stand vnquestioned. In
testimony whereof, the Genril Court of the Massacusetts, by
their Secretary, and the comissionrs for Conectecutt and Newhaven have subscribed these prsent articles, this 19th day of
the 3d moneth, comonly called May, 1643.




1643]         NEW HAVEN COLONY RECORDS.               105
A COURT HELD ATT NEWHAVEN THE 2d OF
AUGUST 1643.
Whereas there is a difference depending betweene Robert
Ceely, and Daniell Paule, about a note of agreement betweene
them vnder both their hands, wth both their consents, itt was
referred to Mr. Malbone and Mr. Wakeman to arbitrate and
determine as they shall see cause,
A difference allso betweene Will. Fowler and Steven Medcalfe about a trespasse, wth both their consents, was referred
to Mr. Malbon and Mr. Wakeman to arbitrate and determine
as they shall see cause.
Forasmuch as itt appeareth by the testimony of Lawrence
Warde thatt Margerett Poore, alias Bedforde, now wife to
Nicholas Gennings, was to be servant to Captayne Turner,
vnto the full end and terme of 4 yeares from the time of her
first coming to him, butt she runing away wth the said Nicholas, before the saide tearme was expired, itt was ordered, thatt
the said Nicholas, her said husband, shall make satisfactio to
Captaine Turner (her said mar,) for thatt losse of time,
according as itt shall be arbitrated by Mr. Gregson and Mr.
Wakeman, who are desired by the Court to doe the same.
And the said Nicholas is to make 2 folde restitutio for those
things wch are confessed by them  to be stolen from  the said
Captaine Turner.
14




106           NEW HAVEN COLONY RECORDS.           [1643
[68]         A COURT HELD ATT NEWHAVEN
2 AUGUST 1643.
John Thickpeny, about the age of 25 yeares, marrianer, in
the Cock wth George Lamberton in his last voyage to
Delaware Bay, being duely sworne and examined, deposeth,
Thatt he was present in the pinace called the Cock whereof
Georg Lamberton was mar, rideing at ancre about 3 miles
above the Sweeds fort in Delaware River, when a letter was
brought the Sweeds governor by Tim. the barber and Godfrey
the marchants man coming wth him; they tolde him, this
deponent in Dutch, a language woch he vnderstoode, thatt the
contents of the letter was thatt the Indians, being att the fort
the day before, had stolen a golde chaine from the governors
wife, and thatt the governor did intreat Mr. Lamberton to vse
meanes to gett itt againe of the Indians who were then come to
trade with the said Mr. Lamberton, desireing thatt they might
stay aboarde till the next morning, thatt he might discover the
Indian to him, affirming thatt he could know the Indian thatt
had stolen itt, by a marke wch he had in his face, butt, though
many Indians came aboard while he was there, yett he went
away and never made more words of itt. This deponent further saith, thatt he was aboard when a second letter was
brought aboard the Cock to Mr. Lamberton from the Sweeds
governor the contents whereof he knows nott, butt a while
after, the same day, he wth Isaac goeing to carry Mr. Lamberton ashoare to the Sweeds fort, into wch being enltred,
before they spoke wth the governor, the said Mr. Lamberton,
this deponent, and the said Isaack were all cast into prison
together, (butt a while the said Mr. Lamberton was taken
forth of thatt roome, butt as he vnderstood was kept in
another prison,) where he, this deponent, continued 3 dayes,
in wch time John Woollen, servant- to Mr. Lamberton, (and
his interpreter betweene him and the Indians,) was cofilitted
to the same prison in irons, wch, he himselfe said, the governor had putt vpon him wth his owne hands.
And further this deponent saith thatt the said John Woolen
tolde him thatt att his, the said John Woollens first coming




1643]         NEW HAVEN COLONY RECORDS.            107
into the Sweeds fort, he was brought into a roome in weh the
governours wife, Tymothy the barber, and the watch maister
came to him and brought wine and.strong beere and gave him,
wth a purpose, as he conceived to have made him drunck, and
after he had largly drunk there, the Govr sent for him into his
owne chamber and gave him more strong beer and wine, and
drunk freely wth him, entertayning of him wth much respect
seemingly, and wth profession of a great del of love to him,
[69] l[makeing many large promises to doe very much good
for him if he would butt say thatt Georg Lamberton had hyred
the Indians to cutt off the Sweeds, butt the said John Woollen
denyed itt, then the governor drunke to him againe, and said
he would make him a man, give him a plantatio, and build
him a house, and he should not want for golde nor silver, if
he would butt say as is said before; he would doe more for
him then the Eng: could, for he loved him as his owne child,
butt the said John answered, thatt there was no such thing,
and if he would give him his house full of golde, he would
nott say so, and then the governor seamed to be exceeding
angry, and threatned him very much, and after thatt drunke
to him againe, and prest him to confess as before, wch the
said John Woollen refusing, the governor was much enraged,
and stamped wth his feete, (wch this deponent himselfe heard,
being in the roome vnder him,) and calling for irons, he putt
them vpon the said John Woollen wth his owne hands, and
sent him downe to prison as before is expressed. And this
deponent saith, thatt the aforesaid Sweeds watchmar came into
the prison, and brought strong beere, and drunke wth them
about 2 howers in the night, and pressed the said John
Woollen to say thatt the said George Lamberton had hyred the
Indians to cutt off the Sweeds, and he should be loosed from
his irons presently, butt John Woollen said he would not say
itt if he should be hanged, drawne and quartered, because he
would nott take away the life of a man thatt was innocent,
then he prest him further, thatt he would speake any thing to
thatt purpose, be itt never so little, and he should be free
presently, butt John Woolen said he could nott say itt nor he
would nott say itt. And he further saith thatt the said watch



108              NEW  HAVEN COLONY RECORDS.                 [1648
mar prest him, this deponent, to the same purpose, and he
should have his liberty, wch he allso refused, knowing no such
thing.
This deponent, thatt att another time while he was in prison,
Gregory, the marchants man, came to him  and tolde him
they were sent by the governor to charge him wth treason wch
he had spoken against the Queene and  Lords of Sweden,
namely, thatt he had wished them burnt and hanged, wch he
this depont vtterly denyed, and then  the said  fetched  a
flagon of strong beere and drunke itt wth him, and after thatt
fetched the said flagon full of sack and drunke thatt wth him
allso, and bid him  call for wine and stronge beere whatt he
listed, and questioned wth him about Georg Lambertons hyring the Indians as aforesaid, his answer was, he knew no such
thing.  Then the watchmar affirmed thatt itt was so, and thatt
George Lamberton had given cloth, wampom, hattchetts and
knives for thatt purpose, pressing him to say so and he should
be free, and he would take vp, and cleare him of the treason
thatt was charged vpon him, and if he feared to say so because
of Mr. Lamberton, he should not need to feare him, for he
should pay him his wages before the vessell went, and he
should chuse whether he would goe back, or stay wth them,
butt he answered, lett them  them doe whatt they pleased wth
him, for he could nott say any such thing, and further he saith
nott.At the meeting of the commissioners for the United Colonies, at Boston, in September, 1643, Mr. Eaton and Mr. Gregson complained of the injuries the people of
New Haven had received from the Dutch and Sweeds both at Delaware Bay and elsewhere, and the commissioners instructed Winthrop to write Printz concerning the
foul injuries offered by him to Mr. Lamberton and his company. They gave also a
commission to Mr. Lamberton to go treat with the Sweedish governor about satisfaction, and to agree with him about settling their trade and plantation. Hazard, II.,
11. Winthrop, II., 140. Brodheads N. Y., I., 382.




1643]         NEW HAVEN COLONY RECORDS.            109
[70]    A COURT HELD ATT NEWHAV6 THE 6t OF
SEPTEMBER 1643.
Marke Pearce, Wil Holt, Edward Camp, brother Potter,
Hen. Lendall, Hen: Line, Theophilus Higginson and Mathew
Row, for coming late the last trayning day, were fined each
man one shilling.
A COURT HELD ATT NEWHAVEN THE 4th OF
OCTOBER 1643.
Robt Hill, for neglect of his watch, was fined 5 shillings.
Robt. Lea, for want of armes, was fined 5s.
Mighell Palmer, for the same, was fined 5s.
Rice. Edwards, for the same, was fined 5s.
Luke Attkinson and John Vincent fined each is for late
comeing.
Itt is ordered thatt there shall be a genrlI muster, the next
second day, wth an exact veiw of all the armes, to see thatt
none be defective in armes, shott and ponder, according to the
order in thatt case.
Nathan Burchall confessed, thatt he haveing lived some
time in Mr. Newmans house, and thereby haveing acquantance wth the house and the wayes of itt, had divers temptations to steale something out of itt, and though he prayed
against the temptatio, yett he was att last overcome by itt,
and the last Lords day, in the time of the publique ordinances, he went into the house and so into the chamber and closett, where he found and tooke from thence to the vallue of 131
in mony, and to the value of 34s in other things. The processe respited till the next Court, and in the meane time he is
to be kept in prison, or else lye in baile for his appearance att
the next court.




110               NEW  HAVEN COLONY RECORDS.                     [1643
A GENr1l COURT HELD ATT NEWHAVEN
THE 14th OF OCTOBER
1643.
Itt was ordered  thatt 6 men  shall forthwth be sent from
hence  (to  joyne  wth  8  of Connectecutt, to  assist Ynkas
against the Narragansett Indians, whom he expects shortly to
warr vpon him,) and accordingly to be fitted and furnished
wth all necessaryes for such a voyage and enterprize.'
[71]   A  GENrll COURT HELD ATT NEWHAVEN  THE 23th OF
OCTOBER 1643:
Whereas this plantation att first wth genrll and full consent
laid their foundations thatt none butt members of aproved
churches should be accounted free burgesses, nor should any
else have any vote in any election, or power, or trust in ordering of civill affayres, in wch way we have constantly proceeded
hitherto  in our whole  court, wth  much  comfortable fruite
through Gods blessing.  And whereas Stamforde, Guilforde,
Yennicock, have vpon the same foundations and ingagements
entred  into combination wth vs, this Court was now informed,
thatt of late there have beene some meetings and  treatyes
betweene some of Milfordet and Mr. Eaton, about a combinati5, by wch it appeareth, thatt Milforde hath formerly taken in
as free burgesses, six planters who are nott in church fellowshipp, wch hath bred  some difficulty in the passages of this
$ The Commissioners of the United Colonies having, at their session at Boston, in
September, decided upon delivering up Miantonimo to be put to death by Uncas,
were apprehensive that the Narragansetts would seek to revenge his death.
t " Vpon a motion made by the comissioners for New Haven jurisdiction, it was
graunted and ordered that the towne of Mylford may be received into combinacon &
as a member of the jurisdiction of New Haven, if New Haven & Myiford agree vpon
the tearmes and condicons among themselves." Rec. U. Col. Sept. 1643. Up to this
time then, Milford seems to have remained a separate and independent colony. Hubbard, Hist. N. E. p. 277, speaking of the settlement of Guilford and Milford, says that
" every one stood so much for their liberty that every plantation almost intended a
peculiar government of themselves, if they could have brought it about, but those
designs tended to the weakening of the country and hinderance of the'general good
of the whole."  See also Sav. Winth. i, 306. Lambert, Hist. Col. N. H. 62.




1643]          NEW HAVEN COLONY RECORDS.              111
treaty, butt, att present, itt stands thus, the deputies for Milforde have offered, in the name both of the church and towne,
first, thatt the prsent six free burgesses who are nott church
members, shall nott att any time hereafter be chosen, either
deputyes, or into any publique trust for the combinati6.  Secondly, thatt they shall neither personaly, nor by proxi, vote
att any time ill the electi5 of magistrates.  And, thirdly, thatt
none shall be admitted freemen or free burgesses hereafter att
Milforde, butt church members according to the practice of
Newhaven. Thus farr they granted, butt in two perticulars
they and their said six freemen desire liberty, first, yt the said
six freemen being already admitted by them, may continue to act
in all proper perticular towne busines wherein the combinati5
is nott interressed.  And, secondly, thatt they may vote in the
electio of deputyes to be sent to the Generall Courts for the
combinati6 or jurisdictio, wel deputyes so to be chosen & sent,
shall allwayes be church members.
The premises being seriously considered by the whole Court,
the brethren did express themselves as one man, clearely and
fully, thatt in the foundations layde for civill governmt they
have attended their light, and should have failed in their
dutye had they done otherwise, and professed themselves carefull and resolved nott to shake the said groundworks by any
[72]  change for any respect, and ordered, llthatt this their
vnderstanding of their way, and resolution to maintaine itt
should be entred wth their vote in this busines, as a lasting
recorde. Butt nott foreseeing any danger in yeilding to Milforde wth the forementioned cautions, itt was, by genrll consent and vote, ordered thatt the consociation proceed in all
things according to the prmises.
A GENrll COURT OF ELECTIONS HELD
ATT NEWHAVEN FOR THIS JURISDICTIO
THE 26th OF OCTOBER 1643,
Captaine Turner and Mr. Lamberton were chosen Deputyes
for the Court of combinati6.




112           NEW HAVEN COLONY RECORDS.            [1643
Mr. Eaton was chosen Governor for this yeare ensuing.
Mr. Goodyeare was chosen Deputy Governor.
Mr. Gregson chosen Magistrate for this towne.
Mr. Fowler and Goodman Tapp were chosen Magistrates for
Milforde for this ensueing yeare, & Mr. Rayner for Stamforde..Mr. Leete and Mr. Disbrough were chosen Deputyes for
Guilforde this yeare ensueing.
Thomas Fugill was chosen Secretary for the whole combinati5 or jurisdicOti for this ensueing yeare.
Thomas Kimberley was chosen Marshall for this whole jurisdictiG, for this ensueing yeare.
[73]  A GENrI1 COURT HELD ATT NEWHAVEN FOR THE
JURISDICTI6 THE 27th OF OCTOBER 1643.
Present.
Mlgistrates.                 lDeputyes.
Theophilus Eaton, Gouernor, George LambertonfP Newhaven
Stephen Goodyear, Deputy,  John Astwood
Thomas. Gregson,            John Shirman  q Milforde.
William Fowler,             Will Leete           ilforde.
Edward Tapp,                Sam: Disbrough 3  Guilforde.
Rich: Gildersleeve ) fStamJohn Whitmore       forde.
Itt was agreed and concluded as a fbundamentall order nott
to be disputed or questioned hereafter, thatt none shall be
admitted to be free burgesses in any of the plantations wthin
this jurisdictio for the future, butt such planters as are members of some or other of the approved churches in New England, nor shall any butt such free burgesses have any vote in
any electio, (the six present freemen att Milforde enjoying the
liberty w t the cautions agreed,) nor shall any power or trust
in the ordering of any civill affayres, be att any time putt into
the hands of any other then such church members, though as
free planters, all have right to their inherritance & to comerce,
according to such grants, orders and lawes as shall be made
concerning the same.




1643]          NEW HAVEN COLONY RECORDS.               113
2 All such free burgesses shall have power in each towne or
plantation wthin this jurisdicti5 to chuse fitt and able men,
from amongst themselves, being church members as before, to
be the ordinary judges, to heare and determine all inferior
causes, wther civill or criminall, provided thatt no civill cause
to be tryed in any of these plantatio Courts in value exceed
201, and thatt the punishment in such criminalls, according to
the minde of God, revealed in his word, touching such offences, doe nott exceed stocking and whipping, or if the fine be
pecuniary, thatt itt exceed nott five pounds. In wch Court
the magistrate or magistrates, if any be chosen by the free
burgesses of the jurisdictid for thatt plantatiQ, shall sitt and
assist wth due respect to their place, and sentence shall pass
according to the vote of the major part of each such Court,
onely if the partyes, or any of them, be nott satisfyed wth the
justice of such sentences or executions, appeales or complaints may be made from and against these Courts to the
Court of Magistrates for the whole jurisdictio.
[74] 11 3. All such free burgesses through the whole jurisdictio, shall have vote in the electio of all magistrates, whether
Governor, Deputy Governor, or other magistrates, wth a Treasurer, a Secretary and a Marshall, &c. for the jurisdictio.  And
for the ease of those free burgesses, especially in the more
remote plantati6s, they may by proxi vote in these elections,
though absent, their votes being sealed vp in the prsence of the
free burgesses themselves, thatt their severall libertyes may be
preserved, and their votes directed according to their owne
perticular light, and these free burgesses may, att every electio, chuse so many magistrates for each plantati,on as the weight
of affayres may require, and as they shall finde fitt men for
thatt trust.  Butt it is provided and agreed, thatt no plantatio
shall att any electi6 be left destitute of a magistrate if they
desire one to be chosen out of those in church fellowshipp wth
them.
4. All the magistrates for the whole jurisdiction shall meete
twice a yeare att Newhaven, namely, the Munday ifiediately
before the sitting of the two fixed Generall Courts hereafter
menloned, to keep a Court called the Court of Magistrates,
15




114           NEW HAVEN COLONY RECORDS.             [1643
for the tryall of weighty and' capitall cases, whether civill or
criminall, above those lymitted to the ordinary judges in the
perticular plantations, and to receive and try all appeales
brought vnto them from the aforesaid Plantation Courts, and
to call all the inhabitants, whether free burgesses, free planters or others, to account for the breach of any lawes established, and for other misdemeanours, and to censure them
according to the quallity of the offence, in wellh meetings of
magistrates, less then fower shall nott be accounted a Court,
nor shall they carry on any busines as a Court, butt itt is expected and required, thatt all the magistrates in this jurisdicti5 doe constantly attend the publique service att the times
before menconed, & if any of them be absent att one of the
clock in the afternoone on Munday aforesaid, when the court
shall sitt, or if any of them depart ye towne wthout leave,
while the court sitts, he or they shall pay for allny such default,
twenty shillings fine, vnless some providence of God occasi5
the same, wch the Court of Magistrates shall judge off from
time to time, and all sentences in this court shall pass by the
vote of the major part of magistrates therein, butt from this
Court of Magistrates, appeales and complaints may be made
and brought to the Genrll Court as the, last and highest for
this jurisdictio; biitt in all appeales or complants from, or to,
what court soever, due costs and damages shall be payd by him
or them thatt make appeale or complaint wthout just cause.
5. Besides the Plantatio Courts and Court of Magistrates,
their shall be a Genrll Cort for the Jurisdictio, wch shall consist of the Governor, Deputy Governor and all the Magistrates
wthin the Jurisdicti6, and two Deputyes for every plantatis in
the J urisdictio, wch Deputyes shall from time to time be chosen
against the approach of any such Genrrl Court, by the aforesaid
free burgesses, and sent wth due certifficate to assist in the
same, all wch, both Governor and Deputy Governor, Magis[75]  trates and Deputyes, shall have their vote I1 in the said
Court.  This Genrll Court shall alwayes sitt att Newhaven,
(vnless vpon weighty occasions the GenrlI Court see cause for
a time-to sitt elsewhere,) and shall assemble twice every yeare,
namely, the first Wednesday in Aprill, & the last Wednesday




1643]          NEW HAVEN COLONY RECORDS.               115
in October, in the later of wch Courts, the Governor, the Deputy Governor and all the magistrates for the whole jurisdicti5
wth a Treasurer, a Secretary and Marshall, shall yearely be
chosen by all the free burgesses before mentoned, besides wch
two fixed courts, the Governor, or in his absence, the Deputy
Governor, shall have power to summon a Genrll Court att any
other time, as the vrgent and extraordinary occasions of the
jurisdicti6 may require, and att all Genrll Courts, whether
ordinary or extraordinary, the Governor and Deputy Governor, and all the rest of the magistrates for the jurisdictio,
wth the Deputyes for the severall plantatios, shall sitt together,
till the affayres of the jurisdiction be dispatched or may safely
be respited, and if any of the said magistrates or Deputyes
shall either be absent att the first sitting of the said Genrll
Court, (vnless some providence of God hinder, wch the said
Court shall judge of,) or depart, or absent themselves disorderly before the Court be finished, he or they shall each of
them pay twenty shillings fine, wth due consideratios of fuirther aggravations if there shall be cause; wch GenrlI Court
shall, wth all care and dilligence provide for the maintenance
of the purity of religion, and shall suppress the contrary, according to their best light from the worde of God, and all
wholsome and sovnd advice wch shall be given by the elders
and churches in the jurisclicti5, so farr as may concerne their
civill power to deale therein.
Seconly, they shall have power to mak and repeale lawes,
and, while they are in force, to require execution of them in
all the severall plantations.
Thirdly, to:impose an oath vpon all the magistrates, for the
faithfull discharge of the trust comitted to them, according to
their best abilityes, and to call them to account for the breach
of any lawes established, or for other misdemeanors, and to
censure them, as the quallity of the offence shall require.
Fowerthly, to impose and oath of fidelity and due subjecti6
to the lawes vpon all the free burgesses, free _planters, and
other inhabitants wthin the whole jurisdictio.
51y to settle and leivie rates and contributions vpon all the
severall plantations, for the publique service of the jurisdicti6.




116          NEW HAVEN COLONY RECORDS.              [1643
61y, to heare and determine all causes, whether civill or
criminall, wch by appeale or complaint shall be orderly
brought vnto them from any of the other Courts, or from any
of the other plantatios, In all wch, wth whatsoever else shall
fall wthin their,cognisance or judicature, they shall proceed
according to the scriptures, wch is the rule of all rightous
lawes and sentences, and nothing shall pass as an act of the
Genrll Court butt by the consent of the major part of magistrates, and the greater part of Deputyes.
These genrlls being thus layd and settled, though w'h purpose thatt the scircumstantialls, such as the vallue of causes
to be tryed in the Plantation Courts, the ordinary and fixed
times of meetings, both for the Genrll Courts, and courts of
magistrates, how oft and when they shall sitt, wth the fines
for absence or default, be hereafter considered off, continued
or altered, as may best and most advance the course of justice,
and best sute the occasions of the plantations, the Court proceeded to prsent perticular busines of the jurisdiction.
[76]  II Vpon a proposition and request made by Captaine
Vnderhill and Mr. Allerton by instructions from the Dutch
Governour and some of the freemen of thatt jurisdictio, for the
raising of one hundred souldiers out of these plantations of
the English, and armed and victualled, to be led forth by Captaine Vnderhill against the Indians now in hostility against
the Dutch, to be payd by bills of exchaing into Holland.
The Court seriously considerd the propositions wth the consquences thereof, and though they were affected wth a due
sence of so much Christian blood, both Dutch and English
vnder the Dutch governmt, lately shed by the Indians, yett
nott clearely vnderstanding the rise and cause of the warr,
and well remembring the articles of confcederati5 betwixt
themselves and ye rest of the vnited collonyes in New England
in the case of warr, they did nott see att present how they
might afforde the ayd propounded wthout a meeting and consent of the comissioners for the rest of the jurisdictions. Butt
if peace be nott settled this winter, so soone as the comissionrs
may meet in the spring, both the ground of the warr, and the
ayd or assistance desired, may be taken into due consideratio,




1643]         NEW HAVEN COLONY RECORDS.             117
and if, in the meane time, there be want of come for men and
foode for cattell in supply of what the Indians have distroyed,
these plantations will afforde whatt help they may.
The Court nott thinking itt mueete to afforde thatt ayd of
souldiers to the Dutch, nor to send Captaine Vnderhill to lead
their men against the Indians wthout the consent of ye comnissioners for the collonyes as is before expressed, a motion and
request was made by Captaine Vnderhill thatt twenty pounds
might be lent him to supply his present occasions, wch 201 shall
-be repayed by the towne of Stamlforde out of the sallary they
have ingaged themselves to allow him yearely, the one halfe in
March come twelve moneths, the other halfe the next ensueing
March, wch will be Ano 1645. Wch being duely considered,
itt was ordered, thatt if the lending of this 201 may be a
meanes to settle the captaine, and if they conceive his settlemt
may tend to their comfort and security, and if the towne of
Stamforde will see the said sO duely repayd att the times
above menloned, the jurisdictio is willing to lend the said
suif to prevent the snares of larger offers for his remove.
The court considering thatt by the articles of confcederatio
the coinissionrs for the severall jurisdictions may be called to
meete extraordinarily vpon the vrgent affayres of the collonyes,
and thatt perhaps, wth such short warning thatt there may
nott be time to call a Genrll Court from the remote plantations, they did thinke itt needfull now to puide accordingly,
and by genrtl consent and vote, Mr. Eaton, Governor, and Mr.
Gregson, Magistrate, were chosen comissionrs for this jurisdiction for the meeting at Hartforde in September next, wth full
power to treate and determine, according to the forme ordered
by the comissioners att their last meeting. And in case either
of them should be sick, or by any other providence of God
hindred from the journay and service, Mr. Malbon is by full
consent and vote chosen and ordered to supply in thatt case.
Butt if a meeting should be suiftoned before thatt time wch
might occasion a farther journay, MSr. Goodyeare, Deputy
Gouernor, and Mr. Gregson were chosen comissionrs, wth like
full power for the service of this jurisdictio. And if either of
them, by any providence, be disabled or hindred from the said




118           NEW HAVEN COLONY RECORDS.              [1643
journay, Mr. Malbon was chosen comfissionr wth full power to
supply tbatt place.
[77]  II The Court considering thatt some charges have beene
already expended for the jurisdictio in the journayes made for
the settling a combinatio and service of the jurisdictio, and
thatt 6 souldiers being now sent forth to joyne wth 8 fronm
Hartforde for Vllcus defence against the assults wch may be
made vpon him by the Narragansett Inidians for Meantonimoes
death, wch, wth the shallop attending them, will be a further
charge to the jurisdictio, And lastly, considering the loane of
this twenty pounds to Captaine Vulderhill, if Stamforde imbrace the proposition, as is before exprest, they thought, and
by genrll consent and vote itt was ordered, thatt a farther
stock be raised, and forthwth payd into the treasurer att Newhaven by the severall plantations in this jurisdiction, namely,
five pounds for G4uilforde, and five pounds by Stamforde, and
thatt Milforde pay ten pounds to equall Guilforde or Stanmforde who have allready beene assessed each of them  five
pounds towards the foremendoned charges, besides the present
leavy, and thatt Newhaven beare their proportionable share,
itt being by genrll consent and vote of this Court ordered and
concluded, thatt all the charges for this jurisdictio, both for
the prsent and hereafter, be borne by the defferent proportions of
males wch from time to time shall be found in them from 16
to sixty yeares olde, as in the articles of combinati5 is agreed
for the jurisdictios, of wch stock, both received and expended,
the treasurer shall from yeare to yeare give account to this
Gernrl] Court vpon demaund, thatt itt may appeare thatt all
disbursements are for the publique service of this jurisdictio,
and thatt no plantation be charged above their just proportio.
Two letters being now read in court from the magistrate' of
Stamforde, the former being dated the 18th, the latter the 23th
prsent.  Itt appeared by the formr thatt the justice of the
Court of Stamforde hath beene charged by the mart of an Indian captive, for thatt the said captive was sensured to be publiquely whipped for publique misdemeanours, the mar telling
the magistrate before witnesse, itt was neither honesty nor
justice so to proceed, he haveing corrected the boy att home,: In the margin, " 2 letters fro Mr. Rayner." t Richard Crab, post [83.]




1643]         NEW HAVEN COLONY RECORDS.              119
wherevpon the Court did neither think famyly correcti5 sufficient for such publique offences, nor thatt such affronts to
magistracie should either be evaded by sleight interpretations,
nor passed by wth some private acknowledgment, Ordered,
that the mar of the said captive boy be bound ouer to the
Court of magistrates wch will be held att Newhaven on Munday the first of Aprill next, to answer his miscarryage.
In the second letter from Stamforde, the magistrate supposing, in respect of the many in-juries from the Indians received, they have cause to begin a warr vpon them, and they sitt
still for want of a concurrence of the rest of the jurisdicti6,
expreseth their apprehensi5, thatt if their houses should be
fired, &c. the jurisdictio should beare the burden, wch the
whole Court marvilled att, conceiving thatt the councell given
Stamforde in the case was most safe for themselves to take,
and considering the ingagemt wherein this jurisdicti6 standeth
to the rest of the collonyes, absolutely necessary for vs to give,
and thatt no man would be forewarde to give advice if therefore he must beare the afflicting providences of God wch may
follow.
[78]  A GENr11 COURT HELDE ATT NEWHAVEN THE 30th OF
OCTOBER, 1643, FOR THIS PLANTATI6.
Mr. Malbon, Mr. Lamberton, Mr. Evance and Mr. Wakeman were chosen deputyes of this plantatid, and Mr. Malbon
continued Treasurer for this yeare.
Tho: Fugill chosen Secretary, and Tho: Kimberley chosen
Marshall.
Itt was ordered thatt one of the squadrons in their course
shall come to the meetings every Saboth compleatly armed,
fitt for service, wth att the least 6 charges of shott and pouder.,
and be ready att the meeting house, wthin halfe an hower after
the first beating of the drufi, then and there to be att the
comaund of the officers in such service as they are appoynted
to attend vnto on those dayes, vnder such penalty as the court
shall judge meet, according to the nature of their offence; allso
the sentinell and those thatt walke the round shall have their
matches lighted dureing the time of the meeting, if they have
match locks.




120           NEW HAVEN COLONY RECORDS.             [1643
A COURT HELD ATT NEWHAVEN THE It OF NOVEMBER, 1643.
Robert Lea, for comeing to traying wth his gun charged
wth shott, contrary to order, and carelessly discharging itt
against Mr. Gregso his house, to the great danger of the lives
of divers persons, who were in the chamber when the shott
came through the window, was fined 20s to the towne, and to
repaire the window wch was broken by the said shott.
The difference about the neck bridg was respited to another
Court, onely itt was ordered, thatt those who did the worke
are to repair itt for the prselt, and to have three pounds for
the doeing of itt, provided thatt they doe itt well and substantially, and for that end brother Andrewes is to oversee and
direct the work while itt is a doeing, and when itt is finished
the comittee formerly appoynted to veiw, are to veiw itt againe,
to see thatt itt be done according to the intent of this order.
Itt was ordered thatt brother Andrewes shall take care thatt
three or fower lighter loades of stones be layd by the bridge,
to breake the force of the water from itt.
Whereas Nathan Burchall hath beene formerly convicted
in this Court, for stealing out of Mr. Robt Newmans house
on the Lord's day, in mony the sumf of thirteene pounds, and
other things to the vallue of 11 14s, itt was ordered thatt he
should make double restituti5 for the said severall suffs, and
have some corporall punishment for the aggravations of his
fact.
Allen Ball is ordered to have 2s 2d of the goods of Lawrence Watts.
[79]  A  GENr11 COURT HELD ATT NEWHAVEN THE  13th'OF
NOVEMBER, 1643.
Itt was ordered thatt all those thatt will pay their rates in
Indian corne shall pay itt att 2s 4d p bushell, good marchantable come, and thatt every man pay his rates, (wch are now
due,) forthwth, either in Indian corne as itt is now ordered,
or in wampomn, or in cattell as they shall be justly prized by
indifferent men, to such persons as the treasurer shall assigne




1643]         NEW HAVEN COLONY RECORDS.              121
to receive the same wthout any delay, or putting the treasurer
to further trouble.
Itt was ordered thatt every famyly wthin this plantatia5 shall
have a coate of cotton woole, well and substantially made, so
as itt may be fitt for service, and that in convenient time the
taylours see itt be done.
Itt is ordered thatt the great guns shall be forthwth fitted
for service, and Mr. Lamberton and Mr. Rudderforde are desired to see itt done.
Itt was ordered thatt every chimney in the towne in wch
fire is constantly kept, shall be swept once every moneth from
Septfiber till Mlarch, and once every 2 moneths in sum'r,
wch worke Goodman Cooper hath vndertaken to doe, and is
to have 4d a peece for every chimney thatt is two storyes
high and vpward, and 2d a peece for all thatt are vnder
2 storyes high, to be duely payd him by all those thatt agree
wth him, butt if any will doe itt themselves, and Goodman
Cooper come after the time lymitted and finde them not done
or not well done, he is to doe itt well, and to have double pay
of those whose neglect itt is, and if he shall neglect to doe
those, according to the intent of this order, wch he vndertakes, he is to pay double pay for his neglect.
ATT A COURT HELD ATT NEWHAVEN THE 6th OF
DECEMBER, 1643.
Goodma Chapman, brother Davis, John Thomas, Sam:
HIoskins, brother Nicholls, Joh Charles, Thomas Barnes and
Thomas Wheeler were fined 5s apeece for want of ladders.
Brother Thorpe, for comeing late to sett his watch, and
neglecting to order itt aright when he did come, was fined l0s.
Jerimy Whitnell for nott keeping a sentinell forth, and
suffering att least some of his watchmen to sleepe, was
fined 5s.
Whereas John Tompson required satisfacti6 for some damage done to his come by the hoggs of Mr. Eaton, Mr. Mal[kon
and Mr. Lamberton, itt was ordered, that he should have sat16




122           NEW HAVEN COLONY RECORDS.           [1643
isfacti5 made by those (whose fence vpon veiw shall be found
defective) according to every mans proportio, wch shall be
judged by indifferent men. John Chapman, Thomas Kimberley & Will Preston are desired to goe wth John Tomps5 to
veiw and judge accordingly.
Whereas Tho: Moulenor desired thatt some other should
have the hearing of the difference betweene himselfe and this
plantatio for his disorderly proceedings at Totokett, itt was
ordered, thatt he shall have 6 moneths time to bring his arbitrators whom he shall chuse, (provided they be godly wise)
wch if he shall not doe wthin the said tearme, he shall submitt
to the judgment of this Court, w"h condic5 he accepted.
[801    ATT A COURT HELD ATT NEWHAVEN THE
4th OF JANUARY, 1643.
Isaack Whitehead, Will Mecar, Thomas Powell, Tymothy
Forde, Goodma Hitchcock, Rich: Webb, Pillipp Leake, bro:
Elsey, Jonathan Marsh, Ricd Beach, John Lawrenson, Robt
Emery, Will Iles, Hen: Gibbons, Tho Robins6, Nicholas Gennings, Tho: Yale, John Hill, bro Lamson, fined each is for
late cofiting to trayne. And Rich: Newman, John Beach, and
James Stewart -ined each man 2s for twice late coiming.
Richard Newman, Peter Browne, Will Potter, John Beach,
Goodma Ward, John Benham, Isaack Whitehead, Robt Leay,
Tho Blakeley, John Medcalfe, bro Lamson, fined each man
2s for defect. guns. Will Bladen, Rich: Spery, Hen: Glover
and John Thomas for defect in their cocks fined each man, is.
Richard Newman and Will Potter & Isaack Whitehead fined
6 pence a peece for want of shott. Will Mecar fined is for
want of shott and pouder, & Edward Chipperfield allso.
John Hunter, Will Mecar and Will Blayden fined each
man 1s for defect. sworde.
John Hill, Edward Hitchcock and Amrose Sutton, fined
each manl 6d for want of flints, & Rich: Lowell 6d for want
of match.




1643]         NEW HAVEN COLONY RECORDS.             123
John Hill & Edward Chipperfield, for want of worme and
skourer, each 6d.
John Wolforde, defect. rest, fined 6d.
Joh: Griffin, Jonathan Rud, Will Wooden, Tho: Toby,
Roger Knap, Sam: Hoskins, Edward Parker and Lanclott
Fuller, fined each ma 3s 4d for totall defect in arnmes.
Johnathan Marsh, Edmond Towly, fined each man 2-6 for
totall absence, & Jaines Stewart and Math: Crowder, each
man 5s for twice totall absence.
Mathew Hitchcock, fined 3s 4d for a disorder in his watch.
Whereas Thomas Blakeley suffered a sack wth 3 bushells
of meale of Mr. Lings, and a sack wth one bushell of meale
of Mr. Francis Newmarns, wch he had the charge off, to be
carryed to Long Iland, itt was ordered thatt he shall make
good the said sacks and meale to the owners forthwth, and he
himselfe seeke satisfactio fr5 those who tooke the said sacks.
And forasmuch as vpon this sentence of the Court, he went
forth in discontente, and, in the hearing of divers, he reproached the Court, charging the Court wth injustice, wch
vpon examinati6 appeared to be most falce, therevpon the
Court ordered thatt the said Blakley shall pay 20s fine and be
comitted dureing the magistrates pleasure.
ATT A COURT HELD ATT NEWHAVEN THE 8o OF FEBRUARY,
1643.
Whereas an attatchmet hath beene granted against Francis
Smyth to Thomas Blackley, for a debt of 17s wch the said
Francis Smyth received of the said Blackley, as appeares by
the testimony of Lawrence Warde, and forasmuch as the suifi
of 13s rests in the hands of Sam: Whitehead wch belongs to
the said Francis Smyth, itt was therefore ordered thatt the
said 13s shall be detained on the behalfe of the said Blackley.
Francis Church desired the justice of the Court agst
Thomas Moulenor (for a debt of 21 2s wth damages for 3
yeares forbeareance,) on the behalfe of Thomas Whiteway,
wch debt the said Moulenor did confess to be due to the said




124           NEW HAVEN COLONY RECORDS.           [1643
Thomas, and did referred himselfe to judgmt of the Court,
and therevpo it was ordered thatt the principall, wth 12s damages, shall be forthwth payd to the said Church by the said
Moulenor.
[81] [Itt was ordered, thatt 11 2s of James Nortons in the
hands of Thomas Blackley shall be attatched on the behalfe
of the Dellaware Company.
Itt was ordered, thatt Thomas French beare halfe of all the
losse wch was layd vpon Thomas Blackley, the last Court,
concerning the 2 sacks of meale wch was carryed to Long
Iland, because he was a cause of the mistake in the sacks.
Mr. Cheevers desired 4-3-6 out of the estate of Mr.
Trobridge, wch is justly due to him for teaching ye children.
Richard Beach hath ingaged his house and lott to secure a
former agreemt in reference to the children of Andrew Hull,
late deceased.
A difference betweene Robt Ceeley and John Mason was
referred to Mr. Gregson and Mr Malbon to determine.
A COURT HELD THE 7th OF MARCH,
1643.
Mr. Stiles of Conectecutt desired:the justice of the Court
against Geo. Larrymor concerning a debt of 101, the remainder of a debt of 251 wch the said George was to pay for a
servant, (by name Geo: Chappell,) wch he bought of the said
Mr. Styles, wch was testifyed on his behalfe by the said Geo:
Chappell vpon oath as apeares vnder the hand of Mr. Swaine,
a magistrate att Connectecut, before whome he was sworne,
and confessed by the said Geo: Larrymor himselfe, onely he
aleadged thatt he was nott to pay the said 101 vnlesse the said
Georg Chappell did serve out his time, butt the said Geo:
Larrymor did sell his time; therefore the Court ordered,
thatt the said Geo: should pay the said 101 to the said Mr.
Stiles wthout delay.
Rich: Mansfield demaunded a debt of 40s of Hen: Gibbons,
wch the said Hen: promised to pay wthin a moneth, onely




1644]         NEW HAVEN COLONY RECORDS.             125
desired to have 20s of itt abated for lodging and fire wood for
a whole winter in his cellar, wch was thought reasonablej and
Rich: Mansfield ordered to allow itt.
Math: Hitchcock, for a willfull neglect to walke the round
when the officers called him, was fined 5s.
James [Haward, Joh: Tompson, Will Bassett, Anthony
Tompson, David Evance, Samuell Willson and Sam: Hoskins,
fined each ma 6d for foole guns.
Tho: Yale and Jonathan Marsh for the same, 6d a peece.
Rich: Perry and his 2 men, Will Gibbard, and James Stewart & Will Ball, for late comeing fined each m  1is.
Roger Knap, defect. all except a gun, fined 5s.
Bro. Lamson defect. gun fined 4s.
Theo: Higginson, James Stewart and James Haward defect.
belt, fined 6d.
Itt was ordered, thatt the treasurer shall pay is to bro:
Mosse wch he layd downe for Goodma Paull.
Mr. Eatons 3 men, Theo: Higingson and his man, for coming wthout armes on the Lords day, finied each ma 2s.
Math Crowder, Thomas Caffins, Theo: Higginson, James
Stewart, Tho: Meaks, Isaack Whitehead, 3Math: Row, Rich
Mansfield, Tho: Iles, Lawrence Warde, Joh: Hill, John Cooper, Jarvice Boykin, & Mr. Eatons 3 men, fined each man 6d,
for late comming to the meeting wth their armes Feb: 18, 1643.
[82]   ATT A GENr11 COURT HELD ATT NEWHAVEN
THE 25th OF MARCH,
1644.
Mr. Malbon & Captaine Turner chosen Deputyes for this
towne agst the Genrll Court for the jurisdictio.
Mr. Malbon, Mr. Evance, Mr. Lamberton and Mr. Wakema
chosen Deputyes for this halfe yeare next ensueing.
A comittee was appoynted to consider of the springs, highwayes and fences in questio about the neck, thatt itt might be
fenced in for a pasture, wherevpon a questi6 was raised by
bro: Gibbard, wther they might not fence in their quarter




126            NEW HAVEN, COLONY RECORDS.          [1644
wth the spring wch is wthin the bounds for their land there,
wch, after some debate, itt was resolved they might nott, because their was an order yt none should fence the springs in
the neck fro the como when it is layd for a pasture, and
so they rested satisfied.
Mr. Malbon, Mr. Gilbert, Mr. Francis Newma and Joshlluah
Attwater were chosen comittee for the premises.
Mr. Malbon vndertooke to see the neck fenced forthwth,
and those who have land their are to pay the charg, according to their proportio, wthin 20 dayes after the account is
given to them, or else they shall loose the feed of their land
for 2 yeares next ensueing the date hereof.
Itt was ordered thatt every quarter shall appoynt comittees
for their quarters to veiw the outside fences, and where they
finde defects to lett the owners know; and if they doe nott
see itt mended vpon notice so given, if cattell breake in,
though it cailott certainely be found where they gott in, yett
they must beare the damage whose fence was found defective
and nott mended.
Itt was ordered thatt they to whome the affayres of the
towne is intrusted shall dispose of Totokett according as in
their wisdome they see cause.
Itt was ordered thatt the 2d drufie shall be the period of
the souldiers coming on the Lords day.
Itt was ordered thatt Stephen the drffir shall have 51 payd
yearely out of the treasury while he continues druiir.
Vpon a propositis made by those who have the small lotts,
thatt they may have the Bever meadowes granted to them by
the GenrIl Court, itt was ordered, thatt Mr. Wakeman, Mr.
Gibbard, Goodma Gibbs and Mr. Pearce shall veiw the said
meadowes and certifie the Court if they conceive it may nott
be inconvenient for the towne to part wth itt.




1644]             NEW  HAVEN COLONY RECORDS.                     12T
[83]   [Att a Court of Magistrates held att Newhaven]
THE FIRST OF APRILL, 1644.
(Theophilus  Eaton  Gournor, Stephen  Goodyeare,
Depty Gournor, & Thomas Gregson, Magistrate
Present, <    for New Haven.
Will Fowler & Edmond Tappe for Milforde.
tlThirston Rayner for Stamforde.
Thomas Stevenson and Georg Slowson of Stamforde, being
appoynted in  their course to watch the Dutchman who murdered Captaine Pattricke,' (he being kept prisonr in the house
of Captaine  Vnderhill front whence  he  made  an  escape
through their negligence,) were charged wth the said escape.
Tho: Stevenson said thatt they were carefull to discharge
the trust comitted to them, according to the best of their
vnderstandimg, butt Captaine Vnderhill perswaded them to
lett him  goe to bed in a chamber and tolde them  thatt if they
did butt lock the dore of the chamber wherein the prisoner
lay, they might sitt by the fire in the lower roome att the
foote of the staires, wch the did and had no company butt the
captaine and his wife who stayed nott long wth them before
they departed to their lodging, and about 2 or 3 howers after,
they missed the prisonr, and then the called vp the magistrate.
George Slowson saith, thatt he questioning about the safety
of the window  of the chamber where the prisoner lay, the
captaines wifet showed some dislike of itt, and said what adoe
is here, yet the said  Geo: rested not there, butt spake to the
Captaine himselfe, who said thatt he had spoken wth the prisCapt. Daniel Patrick had been a common soldier of the Prince's guard in Holland, was admitted freeman in Watertown, Mass., May 18, 1631, and chosen captain
March 9, 1636-7. He grew, says Winthrop, proud and vicious, and perceiving that
his evil courses would not be endured in the Bay, he removed to within twenty miles
of the Dutch and put himself under their protection, and when the Indians arose in
those parts he fled to Stamford. He was killed in Capt. Underhill's house, on a Sunday afternoon during the time of afternoon exercise. " The Dutchman had charged
him with treachery for causing 120 men to come to him upon his promise to direct
them to the Indians, etc., but deluded them. Whereupon the captain gave him ill
language and spit in his face, and turning to go out, the Dutchman shot him behind
in the head, so he fell down dead, and never spake."-Mass. Records i., Say.
Winth. ii., 151.
t It will be remembered that Captain Underhill's wife was a Dutch woman.




128          NEW HAVEN COLONY RECORDS.              [1644
oner to know if he had no temptatio to escape, who answered
yea, butt alas, said he, whither call I goe, I had rather dye
vnder the hands of a christian magistrate then vnder the
hands of the Indians, and therevpon the said George rested
more secure, he further saith, thatt when the messengers came
from Newhaven, the captaine said to them, now looke to the
prisoner yor selves for I will take charge of him no longer now
that Newhaven men are come.
They both alleadge and stedfastly affirme, thatt they had
no perticular directi6 how to order their watch, butt onely a
genril charge wch was given att first to the watchmen, namely,
watch the prisoner, and thatt itt was meere ignorance wch was
the cause of this miscarryage. Butt because the magistrate
affirmeth thatt he gave a new and more strict charge thatt
night (vpon the comiing of the messengers fro Newhaven,)
then he had done formerly, and the watchmen deny thatt ever
they heard of any other, so yt the case seemes darke, and
because the Governor intends to go to Stamforde shortly, the
Court referred itt to him to examine and determine their, if he
see cause, or else to referre itt to the next Court of magistrates
and binde the partyes whom  it concernes to answer the
same then and there.
Rtichard Crab of Stamforde was called to answer his miscarryage in chargeing the Court at Stamforde wth injustice
and dishonesty, he said he did nott charge the court, butt
said itt was his apprehensio, and thatt he had studdyed the
case, butt professed he could not yett see light thatt itt is just
to punish the boy twice for one fact, he said thatt the occasio
of the boys fact was because he was wont to borrow a gun of
the man fro whom he tooke itt, and therefore thought he
might make the more bolde to take itt att this time, butt att
last seeing so cleare an evidence against him, he confessed he
had failed in speakeing such words, and said he was vnder a
temptatio, fearing thatt if his boy were publiquely whipped, itt
would cause him to run away, wch would be a great losse to
him and a greefe to his wife. The Court haveing heard all
thal-ltt he could say for himselfe, sensured him to pay 51 fine to
Mr. Rayner the magistrate att Stamforde before the next




1644]          NEW HAVEN COLONY RECORDS.             129
court of magistrates, and allso to acknowledge his miscarriage.
THE 2d OF APRILL 1644.
Whereas some cattell of the goods of Owen Row of London,
marchant, have beene formrly attatched att the suite of Rich:
Bellingham of Boston Esqr. (for a debt of 62' 10s,) who hath
ordained Rich: Malbon of Newhaven his attournay to psecute
the said attatchmt, and the said Mr. Malbon hath now desired
the judgmt of this Court concerming the saide debt, wth he
cleared to the court to be due to the said Rich: Bellingham.
And therevpon the court gave judgment for the said -Mr. Bellingham, he haveing vndertaken, by a bill vnder his hand, to
save this Court harmless fro all just molestations for the same.
[84]  A GEN[r11] COURT HELD ATT NEWHAVEN [fIo the julrisdiCti6] THE 3d OF APRILL 1644.
Present.
]Zagcistrates.               Deputyes.
Theoph: Eaton, Governor, ) pro Captaine Turner   pro
Stephen Goodyeare, Depty, Newh Rich: Malbon    Newh ~
Thomas Gregson,          )      Zack: Whitman i  pro.Will Fowler:      r f   ilf    John Astwood   Milford
Edmond Tapp     or Milforde    Will Leete & Jacob Sheath
Thirston Rayner for Stamforle          P Guilford
Andrew Ward     pro
& Robt Coe  ) Stamforde
Itt was ordered thatt the fundamentall orders concerning the
fixed Genrll Courts and Courts of Magistrates shall be a sufficient suIioils to all the plantations wthin this jurisdictio, and
thatt they shall expect no other warning to prepare them for
the same, and for thatt end the magistrate or magts of every
plantati6 shall call a meeting some convenient time before the
said Gen"rl Courts to chuse their deputyes who are to be sent
17




130           NEW HAVEN COLONY RECORDS.             [1644
wth due certifficates, and not to come wthout as some now did,
though the Court passed itt over att this time.
This day a forme of an oath for the Governor and magistrats
to take, and another forme of an oath to be imposed upon
all the inhabitants wthin this jurisdiction was propounded to
the consideratio of the court, who, after some serious debate
and consideratiS, rested satisfyed wth the said formes. And
therevpon ordered, thatt itt should be forthwth putt in executio, and whereas the Governor doth shortly intend a journay
to Stamforde on other occasions, the Court desired him to
improve thatt opportunity, both att Stamforde and att Milford,
for the giveing of the oath, and the like att Guilforde in time
convenient. Itt was further ordered thatt no person or persons shall hereafter be admitted as an inhabitant in this jurisdictio or any of the plantations therein butt he or they shall
take the said oath vpon his or their admittance.
Itt was ordered, thatt there shall be two marketts or fayrs
for cattell and other goods every yeare att Newhaven, (viz)
one on the third Wednesday in May, the other the third
Wednesday in September.
Itt was ordered, thatt the Court att Stamford shall proceed in all their conclusions and determinations as the rest of
the plantations in this jurisdictio doe, and as is ordered in the
fundamentall orders of the last Genril Court for the jurisdictio, (viz) thatt the sentence of the Court be carryed by the
vote of the major part of the Court.
Itt was ordered, thatt whensoever any capitall offendor
shall be apprehended wthin. this jurisdicti6, he shall be sent
wth all convenient speed to Newhaven, there to be kept in
safe custody till he be brought to due tryall.
Itt was ordered thatt the judiciall lawes of God, as they
were delivered by Moses, and as they are a fence to the morrall law, being neither typicall nor ceremoniall, nor had any
referrence to Canaan, shall be accounted of morrall equity,
and genrlly binde all offendors, and be a rule to all the courts
in this jurisdictio in their proceeding against offendors, till
they be branched out into perticulars hereafter.
Itt was ordered thatt in case any of the magistrates in the




1644]            NEW  HAVEN COLONY RECORDS.                    131
smaller plantati6s see need of help in some weighty causes or
difficult knotty cases, vpon due notice and request to the
Governor, provisio shall be made accordingly.
[85]   IlItt was ordered thatt for the more comfortable carrying on of the affayres att Guilforde till they have a magistrate
their, the free burgesses may chuse among themselves fower
deputyes and forme a court.
Itt is ordered thatt every male from  16 to 60 yeares olde
wthin this jurisdictio be furnished forthwth, wth a good gun,
a sword, a pound of good ponder, 4 fathom  of match for a
matchlock, 5 or 6 good flints fitted for every fyre lock, and 4
pound of pistoll bulletts, or 24 bulletts fitted for every gun,
and so continue furnished from  time to time, vnder the penalty of 10s fine for every person found faulty or defective.
Itt was further ordered, thatt the Captaine shall give order
to the officers, that they take a strict veiw once every quarter
of a yeare, thatt all the males from  16 to 60 be furnished as
above, vnder the penalty of 40s fine, and if the officers shall
neglect to doe itt att his appoyntment, their fine is 40s allso,
to be leivyed att the discretion of the Court, and thatt a
retourn of the said veiw be made vnto the magistrate or
Court, by the captaine or his clarke att his appoyntmt, vnder
the penalty of the fine aforesaid. Moreover, itt was ordered,
thatt there shall be att least 6 traynings every yeare in every
plantation, & never above one of those 6 in a moneth, vnder
the penalty of 51 fine, to be leivyed of the military officers for
every default.  Note thatt in such plantations where there is
no captaine for the present, there the cheefe officer is in stead
of the captaine, and is to veiw  vnder the penalty of the captaines fine.
Itt is allso ordered, thatt throughout this jurisdictio, there
shall be a comon stock of pouder and shott, according to the
orders of ye comissioners for the collonyes,' (viz) a hundred
fi "The comissioners do think it fitt to aduise every general court that they would
see thatt every man may keepe by him a good gun and sword, one pound of pouder
with foure pounds of shott, with match or flints sutable, to be ready vpon all ocations,
and to be carefully viewed foure tymes a yeare at least. And that over and aboue
this, euery generall court do see that they keep a stock of ponder, shott and match
ever by them. And it is conceived by the comissioners that one hundred pounds ot




132           NEW  HAVEN COLONY RECORDS.                  [1644
pound of ponuder and 4001 of shott, (layde vp in every plantatio,) for every hundred men or males as aforesd, and so
in proporti6 differently, vnder the penalty of ls fine for every
pound of pouder, and 20s for every hundred weight of shott
wch shall be found wanting after 3 moneths next ensueing be
expyred; the fines for these defects are to be payd into the
comni wealths treasury.
Itt was ordered, thatt a 4th part of the trayned band in
every plantati5 shall come to the publique worPS of God att
the beating of the 2d drum att furthest, wth their armes compleat, their guns ready charged, wth their match for their
matchlocks and flints ready fitted in their firelocks, & shott &
pouder for att least 5 or 6 charges, (besides their charge in
their guns,) vnder the penalty of 2s fine for neglect or defect
in furniture, and Is for late comeing, allso the sentinell, and
they who walke the rounde, shall have their matches lighted
dureing the time of the meeting, if they vse match locks.
Itt was ordered, thatt a strict watch shall be kept in all the
plantatios in this jurisdictio, from  the first of March to the
last of October every yeare ordinaryly, leaveing extraordinary
cases to the Governor or Magists, to order as occasion may
require, and in the ordinary course to be observed as followeth; The clruin is to beate att the goeing downe of the si, all
the watchmen to be there wthin an hower after the setting of
the suni, wth their armes compleate and guns charged, and att
least 5 or 6 shotts of shott and pouder besides, for each of them,
and if any of them come late, or be defective in their armes,
they are to pay 1s fine. If totally absent, 5s fine. The watch
is to be sett wthin an hower after tile sulnsett, and so is to continue vntill itt be halfe an hower day light in the morning, in all
wch time none are to sleepe.  These fines are to be payd into
the severall plantions treasury.
pouder and foure hundred pounds of shott, with match sutable, at the least, be provided for every hundred men thorow all the visited Colonies of New England, and that
the comissioners at each meeting report how the seueralljurisdiccons are furnished.
R      - X It is judged meete by the comissioners that there be trayneings at
least six tymes euery yeare in each plantacon within the confederacon."-Rec. U.
Col. Sept. 1643. Hazard ii, 9.




1644]         NEW HAVEN COLONY RECORDS.              133
Itt was ordered, thatt the Deputy Governor shall give the
Governor his oath.
Itt was ordered thatt the Secretary shall have
sallary, and the marshall 31 p anlo.
[86]     A COURT HELD ATT NEWHAVEN THE 5th
or APRILL 1644.
John Dillingham, Jonathan Rudd, Edmond Tooly, John
Massam, John Hurndell, Mr. Auger, Lanclott Fuller, Will
Wooden, Dauid Evance, for a drunken disorderly meeting at
the prison on a Lords day att night, where they drunke 3 bottles of sack containing 3 quarts, and 2 quarts of strong water
besides; were fined every man, according to the quallity and
aggravatid of his offence, as followeth, John Dillingham and
Jonathan Rud were fined 20s apeece, being the authers principally, Edmond Toly 10s for fetching the wine, and John
Massam for fetching the strong liquor, fined 10s, John Hurmdell, Mr. Auger, and Will Wooden, fined each man five s, and
Lanclott Fuller and David Evanlce fined each 3s 4d apeece,
because they were butt occasionally present wth the rest.
Itt was ordered thatt Sergeant Beckley according to his
desire, shall have liberty for this yeare to make a ware in the
East River and thatt none shall take liberty to doe the like
wthout license of ye court.
Forasmnuch as the whole estate of Thomas Trobridge of
Newhaven is to be sequestred for the paymt of his debts, (he
absenting himselfe, and takeing no course conlcerhig the same,)
and his faLmyly to be disolved, Sergeant Geffrey and his wife
being willing to take the Ehildren of the said Thomas Trobridge vpon tearmnes as followeth, thatt he may have 20 bushells of come, a brass pott, and a bed for the children to lye
vpon, the Court ordered thatt the children should be putt to
the said Sergeant Jeffrey vpon the said tearmes; provided
thatt in case their father shall come over, or send to take order
concerning them, thatt then he will referr himselfe to the Court
to judg and determine whatt is equall for him to have for the




134           NEW HAVEN COLONY RECORDS.          [1644
keeping of them, & in the meane time he will take care
thatt they be well educated and nurtured in the feare of God.
ATT A COURT HOLDEN THE it OF MAY 1644.
Bro: Pery, being mar of a watch and willfully neglecting
itt, was filled 40s.
Math Row, for sitting downe to sleep when he should have
stood sentinell, was fined 5s.
Bro: Nicholls, bro: Gibbert, Rich: Web, Tho: Wheeler,
Hen Lendall and Will Bassett, fined each man ls for late coming on the Lords day wth their armes.
[87] A GENr11 COURT HELD ATT NEWHAVEN THE 25 OF
MAY 1644, ABOUT THE INDIANS.
A letter from Mr. Ludlow was read in Court wherein he
intimated thatt whereas an Englishman hath been cruely
murdered of late by the Indians, (as he was travilling betwixt
Stamforde and Vnkaway,) he had caused 7 Indians to be
apprehended, hopeing thereby to procure the murderers, butt
the Indians riseing in great companyes about theire towne doe
putt the inhabitants thereoff in feare, and therefore he desired
advice whatt to he should doe in the case. Wherevpon itt
was ordered yt advice should be given him to detaine the
Indians prisoners, wth intematis thatt if there be cause of
help and they desire itt, men shall be sent vnto them vpon the
retourne of the messengers, and for thatt end thatt 20 men
shall be putt in readynes forthwth, and fitt to send if need be
upon a short warning.




1644]              NEW  HAVEN COLONY RECORDS.                        135
A GENr11 COURT HELD ATT NEWHAVEN THE 3 OF JUNE, 1644.
A letter from Thirston Rayner, magistrate of Stamforde,
being read in the court, itt appeares, thatt a womd of thatt
towne hath of late beene cruelly wounded if nott murdered by
an Indian," so thatt itt is thought thatt the Indians being so
bolde  and insolent are misceivously  bent to begin  a warr
against the English, therefore, itt was ordered, thatt a speedy
course be taken to finde out the murderer, and thatt the Governor, magistrates and deputyes, wth the captaine and leivetennant as a councell of warr, shall order all the martiall
affayres in this jurisdiction vntill the next court of electiS.
ATT A COURT HELD ATT NEWHAVEN 5th OF JUNE, 1644.
John Chapman being mar of a watch and neglecting itt, was
filled 1Os.
Mr. Gilberts man, being absent att his watch, was fined 5s.
George Larrymor, for neglecting his watch, fined 2s 6d.
Theophilus Higginson was complained off for keeping a dog
wch hath trespassed divers of his neighbours, and he hath
beene tolde of itt.
A will and inventory of John Owens delivered into the court
by John Hall, his executor.
Itt was ordered thatt George Pardy shall dwell wth Francis
Broone as his apprentice, for the tearme  of 5 yeares from
henceforwarde, dureing wch time the said Francis is to doe his
endeuor to teach him the trade of a taylor.
i " At Stamford an Indian came into a poor man's house, none being at home but
the wife, and a child in the cradle, and taking up a lathing hammer as if he would
have bought it, the woman stooping down to take her child out of the cradle, he
struck her with the sharp edge upon the side of her head, wherewith she fell down,
and then he gave her two cuts more which pierced into her brains, and so left her for
dead, carrying away some clothes which lay at hand. This woman after a short time
came to herself, and got out to a neighbours house, and told what had been done to
her, and described the Indian by his person and clothes, etc. Whereupon many Indians of those parts were brought before her, and she charged one of them confidently
to be the man, whereupon he was put in prison with intent to have him put to death,
but he escaped, and the woman recovered, but lost her senses. Say. Winth. II. 188.




136          NEW HAVEN COLONY RECORDS.           [1644
[88]  ATT A GENill COURT HELD ATT NEWHAVEN THE 23 OF
JUNE, 1644.
Bro: Will Tompson and Henry Lendall were admitted members of the court.
The formes of two oathes were propounded to the Court to
be taken the next second day in the morning, by all the inhabitants in this plantatio, one of them is to be taken by all, and
the other by the governor onely.
A motio made on the behalfe of Goodma Smyth for a lott
by the sea side, beyond the West River, was taken into consideratio and referred to bro: Gibs, bro: Miles, bro: Ceely, bro:
Clarke and bro: Peck, to see if itt may stand wth the conveniencie of the towne to grant itt.
Itt was ordered thatt the night watches be carefully attended, and the warde of the Saboth dayes be dilligently observed,
and yt every one of the trayned band bring their armes to the
meeting every Lords clay; allso yt the great guns be putt in
readynes for service; allso yt the dru be beaten every morning
by breake of the day, and att the setting of the sunne.
Itt was ordered yt every Lords day 2 men shall goe wth
every heard of cattell wth their armes fitted for service vntill
these dangers be ouer.
Itt was ordered thatt the fearmes shall be freed fr5 watching
att the towne while there is need of watch att the farmes, provided thatt they keepe a dilligent watch there.
ATT A GENr11 COURT HELD ATT NEWHAVEN THE It OF JULY,
1644.
The Governor tooke this oath as followeth,
I Theophilus Eaton, being att a Genrll Cort in October last,
chosen Governor wthin Newhaven Jurisdicti6 for a yeare then
to ensue, and vntill a new Governor be chosen, do sweare by
the great and dreadfull name of the ever living God, to promove the publique good and peace of the same, according to
the best of my skill, and will allso maintaine all the lawfull
priviledges of this comn5 wealth, according to the fundamentall




1644]         NEW HAVEN COLONY RECORDS.             137
order and agreemt made for governmt in this jurisdictiQ, and
in like manner will endeuor thatt all wholsome lawes thatt
are or shall be made by lawfull authority here established be
duely executed, and will further the executi6 of justice according to the righteous rules of Gods worde, so help me God in
or Lord Jesus Christ.
The Governor haveing allso received the oath of fidelity as
followeth, I Theophilus Eaton, being by the providence of God
an inhabitant wthin Newhaven Jurisdictic, doe acknowledge
myselfe to be subject to the govermt thereof, and doe sweare be
the great and dreadfull name of the ever living God, to be true
and faithfull vnto the same, and doe submitt both my person
and my whole estate therevnto, according to all the wholsome
lawes and orders thatt for present are or hereafter shall be
there made and established by lawfull authority, and thatt I
will neither plott nor practise any evill agst the same, nor consent to any thatt shall so doe, butt will timely discover the
same to lawfull authority here established, and thatt I will as
I am in duety bounde, maintaine the honor of the same and off
[89] the lawfull magistrates thereoff, promoting the 1] publique good of the same whilest I shall continue an inhabitant
there. And whensoever I shall be duely called as a free burgesse, according to the fundamentall order and agree-rlt for
governmt in this jurisdicti6 to give my vote or suffrage touching any matter wch concerneth this como wealth, I will give
itt as in my conscience I shall judge may conduce to the best
good of the same wthout respect of persons, so help me God,
&e.
Then he gave itt to all those whose names are herevnder
written,
Stephen Goodyeare Thomas Fugill      Rich: Hull
Thomas Gregson   Ezech: Cheevers   John Mosse
Richard Malbon    John Ponderson    Adam Nicholls
John Evance       Will Andrewes      Abraham Bell
John Wakeman    John Chapman         Joshuah Attwater
Nath: Turner      John Clarke        Tho: Kimberley
Math: Gilbert     Robt Ceely         Tho: Jeffreyes
18




138           NEW HAVEN COLONY RECORDS.           [1644
Wil Thorpe        Rich: Beckley      Daniell Paule
Francis Newma    John Cowp          John Wilforde
Andrew Low        Jarvis Boykin     Henl: Peck
Tho: Mounson      Robt Hill         Will Russells
Tho: Nash         Robt Johnson      Will Fowler
Rich: Pery        Arther Halbidge   Geo Larrymore
Will Peck         Edward Banister   Robt Allen
John Gibbs        Tymo: Forde       John Caffins
John Livermnoore   Mathias Hitclhcok  Tho: Wheeler
Nicho: Elsey      James Clarke      Luke Atkinson
Antho: Tompson X Rich: Osborne      Thomas Lupton
John Vincent      Edward Patteson   Ephraim Penington
Will Potter       Geo: Smyth        Allen Ball
Jasper Craine     Will Janes        Edward Parker
Rich Miles        Jerr: Whitnell    Lawrence Warde
Roger Allen       Tho: Morris       Tho: Coefield
Will Ives         Benjamin Willmott Johnath: Rudd
Francis Browne    Tho: Powell       John Griffin
John Nash         Peter Browne      James Hewarde
Will Davis        John Tompson      Rich: Beach
Sam: Whitehead   John Tomas         David Evance
John Brockett     Tho: Mitchell     Robt Campion
Math Camfield     Will Gibbons      Edward Watson
Tho: Lamson       John Hall         John Dillingham
Math: Moulthrop   Luke HIitchcock    Will Slow
Will Preston      Rich: Newman       Robt Martin
Tho: Beamont      Tho: Knowles      John Hill
Marke Pearce      Edward Chippfield Ambrose Sutton
James Russell     Steph: Medcalfe   John Walker
Will Tompson      Christo: Todd     Thomas Blakeley
Henry Lendall     Tho: Osborne       Thomas Clark
Robt Abbott       Robt Pig           Rich: Spery
Will Gibbard      Nath: Merryma    Henry Morrill
Will Bassett      Sam: Higginson   Tho: Iles
Thomas Wheeler   Theoph: Higison   Edmond Tooly
Henry Browning    David Atwater    Johnathan Sergant
Benjamin Linge    Rich: Mansfielde   Tho: North
Tho: Yale         Hen: Glover       Robt Persons




1644]        NEW HAVEN COLONY RECORDS.             139
Will White        James Bell        Joh: Benham
Raiph Lines       John Linley       Edw: Wiglsewor[th]
Robt Bassett      Isaack Mould      Johnath: Marsh
Roger Knap        Joseph Alsop      Raiph Dighto
Robt Mecar        Rich: Lambert   AMr. Bracie
Will Mecar        Edward Preston    Joh: Wakefi[eld]
John Beach        Edward Newtonl   Hen: Bish:p
John Hutchison    Will Bladen        Will Bradley
Joseph Peck       Rich: Webb        Abra: Stolyon
Tho: Robinson     John Mors          Geo: Warde
Will Fancie       John Kimber        Roger Betts
Rice: Edwards     Joh: Seckett      Nath: Burchall
Tho: Robinson jufl Fran: Church     Fran: Hall
Mighell Palmer    Hen: Gibbons      Joh: Herrima[n]
Robt Lee          Will Paine         Sam: Hoskins
Will Holt         John Hurnde [11]   Rich: Harrison [sen]
Tho: Barnes       Tho: Caffins      Nich: Auger
Robt Emery        Isaak Beache [r]   Sam: Willson
Robt Vsher        Edward Hitch [cock] Peter Mallery
James Guillam     John Massam       Joh: Hunter
Ed: Campe         Geo: Duning        Martin Titchin
Phillip Leake                       Sam: Caffins
Abra: Doolittle     August 5t-h     Will Toutle
Will Ball             1644          Hen Ruderford
Nich: Baly        Fran: Brewst[er]  Joh: Bassett
Rich: Harrison jur Geo: Lamberton   Joh: Megs
[The following names in the handwriting of Francis Newman.]
March the 7th 1647 Henery Loynes    Henery Bristowe
Samuell Ceffinch   William Judson    John Winston
Thomas Johnson   James Bishope       Robert Preston
Mathew Rowe       Daniel Turner      Thomas Marshall
Isacke Whithead   Thomas Meekes    Thomas Dun
Richard Mordan    Henery Carter      Joshua Griffen
Joseph Gernsye    John Chidsye      Samuell Goodanhouse
Edward Keylye     Beniamen Hill    John Tompson
Richard Hubball  Joseph Nash        Edward Watters
Job Halle         Thomas Beech      John Jones




140           NEW HAVEN COLONY RECORDS.         [1644
The 2th of Maye 1647 Ephraim How   John Benham junlr
John Knight       Joseph Benham
old Willmott     John Johnson
Samuell Marsh     Geo: Pardy       May 2d 1654
James Eaton
the 18th of October John Jackson    Hell: Boutle
1648      Jeremiah Osborn   Sam Andrewes
at a court of Magis- Robert Clarke his man Thom Hogg
trats.     Edward Perkins    Math: Molthrop jun
Mr. Westerhouse   Andrew Hallaway  Joseph Potter
-  John Brookes   Anthony Tompson
Aprill 4ltl 1654    John Hudson     Ellis Mecs
Thomas Trobridge Hen Hummerston
Mr. Samnell Eaton Jeremia Hull
Robert Talmage   John Potter        22th May 1654.
Thomas Harrison  Richard Johnson   Will Willmott
John Downe       John Allen        Will Wooden
Timothy Nash      John Baile       Richard Miles junr
Jeremiah How     William Pringle   Daniell Hopper
Sam: Farres      William Gibbs, Hatter [J] ohn Tuttill
see 138
[Transferred from page 138. In the handwriting of Francis Newman.]
The names of persons that haue taken the oath of fidellitie
are entered in fo: 89, and follow as hereafter, ye 7th 2d mo:
1657.
Mr. Bower        Tho: Tomlinson   Daniell Bradley
Mr. John Dauenport Tho: Addams     Joseph Mansfeild
jun             John Walker       John Tompson
Samuell Wakeman Sam: Ford           Humphery Spenning
Geo: Constable    Benja: Bunill    Willm Tyler
Jonathan Tuttill   Edmund Dormer   Mr. Melyen
Jeremiah Johnson  Sam Myles         Jacob Melyen
John Lambert    John Browne         Willm. Anderson
John Dauis        John Hull         Richard Anderson
Anthony Ellcott   Thom Weeden       Stephen Daniell
Willm: Chatterton Isack Hall




1644]          NEW HAVEN COLONY RECORDS.               141
[The following in the handwriting of Mr. Gibbard.]
The first of May 1660 Joseph Pecke    Stephen Bradely
Thomas Huckly    Nathaniel Boykin   Zackariah How
Daniel Shearman  Nathan Andrewes   Nathaniel How
Moses Mansfeild    Thomas Tuttle       John Hichcock
Richard Bowten    Hackeliah Preston  Mathias Hitllfeild
George Rawse       Isaac Turner        Cornelius Offhening
James Clarke junior Nathaniel Thorp
Jehiell Presto     Eliazer Browne
[In the handwriting of Thomas Fugill.]
[90]  Itt was ordered thatt the weekely traynings of the
squadrons shall be renewed as before, every last day of the
weeke, (except thatt weeke wherein the genril trayning is,
wch is to be every fift weeke, and that the olde orders be observed, wch was made the 6t of August 1642, concerning the
trayning of ye squadrons.
Liberty was given by the Court to begin an Artillary company, and to ad to themselves such as out of the trayned
band or others being free, doe offer theselves to be of the
Artillary, and to chuse their owne officers and settle their
owne orders, so as they use the said liberty moderatly,
nott intrenching upon the fundamentall agreemt of this Court,
provided allso thatt they so order their traynings, thatt if any
of the officers of the trayned band be of the Artillary, they
may attend the squadrons traynings and yett not loose the
opportunity of the Artillary meetings, and thatt all such as
are accepted of the Artillary shall be freed from  the squadrons traynings if they be nott officers of the trayned band.
Itt was ordered, thatt if a trayning day prove rayny, the
next second day after shall be for a genrll trayning in stead
thereof.
John Clarke desired to lay downe. his sergeants place,
whereupon John Nash was chosen sergeant.
Abraham Bell was chosen corporall in stead of John Nash.
Joshuah Atwater desired to lay downe his clarks place, and
thereupon Rich: Perry was chosen clarke of the trained band
in his stead, and he freed from trayning in respect of his
weakenes.




142             NEW HAVEN COLONY RECORDS.               [1644
Mr. Gregson and Mr. Wakema propounded, thatt the land
towards Mr. Goodyears farme and the plaine by the pine rock
may be veiwed, to see if it will accomodate their quarters for
their 2d divisio and sute the townes occasions allso.
Mr. Gregson desired thatt he might have his 2d divisid by
the Sollitary Cove,' and Mr. Hawkins by the sea towards
Milforde.
Captaine Turner, Mr. Malbon, Robt Ceely and Francis
Newman were desired to veiw the said lands in question.
Itt was ordered thatt whatsoever pigs under 3 quarters of a
yeare olde shall be found in the come unyoaked, no fence
being downe, the owners of them  shall pay 6d apeece.  This
order to be in force no longer then till Indian harvest be inned.
Itt was ordered, thatt Rich: Miles, Will Davis and Nicholas
Elsey, shall see thatt all the measures in the towne be made
according to the stander sent from the Bay.4
A COURT THE 3d OF JULY, 1644.
Will Andrews was warned to the Court about some defects
in the meeting house, butt the prosecuti6 of itt respited.
Joh: Hall demand 31 due to him  from  Roger Knap in the
right of his wife weh lie did acknowledge, whereupon it was
ordered, thatt he should paye the said 31, only abateing 14s
wch he hath done in worke for John Woollen, brother to the
said John Halls wife.
Edward Banister demaunded 41 of Goodma Bishop on the
behalfe of Jobh: Burrows, whereupon it was ordered, that the
said Goodma Bishop shall putt in security to pay the mony
into the Court the next Court, excep he can show cause to
the contrary.
-1 Mr. Gregson was the first white settler of East Haven. Dodd, E. H. Mem. 11.'- "It is thought fit and ordered that there be one and the same measure throughout
all the plantations within these vnited Colonies, which is agreed to be Winchester
measure, viz: eight gallons to the bushell." Rec. U. Coll. Sept., 1643. Hazard, ii. 10.




1644]         NEW HAVEN COLONY RECORDS.            143
[91] ATT A GENr11 COURT HELD THE 5th OF AUGUST, 1644.
Forasmuch as there are certaine percells of meadow adjoyning to the skirts of ye upland in severall parts of the neck,
wch belongs to sundry planters in the towne and thatt meadow
cannott be improved to the best advantage of the owners wthout being inclosed, the neck being now layd for a pasture of
cattell, itt was therefore ordered, thatt in the towns behalfe
the treasurer shall pay for one halfe of the fence thatt is or
shall be made betwixt the said meadowes and the upland, wllh
fences being once made, they who owe the meadowes are to
maintaine them ever after at their owne proper charge. And
in case any pticular quarter or pson shall desire to fence
their land in pp, before they begin they shall pay to the treasurer their proportio of the aforesaid genrll charge, as itt shall
be then judged worth.
Mr. Malbon, Mr. Lainberton, and Mr. Evance, having
seriously considered the great damage wch this towne doth
suffer many wayes, by reason of the flatts wch hinders vessells
and boates from coming neare the towne when the tyde is
anything low, did propound to the Court thatt if they will
grant them 4 dayes worke for every man in the towne fro 16
to 60 yeares olde, towards the digging of a channell, and lett
them have the benifitt of a wharfe and warehouse, (wch they
will build) upon such tearmes as shall be agreed betwixt
themselves and a comittee, (whom they desired the Court
then- to chuse to treat wth the about itt,) they will digg a
channell wch shall bring boates, (att least) to the end of the
streete besides Will Prestons house, att any time of the tyde,
except they meete wth some invincible difficulty wch may
hinder their digging the channell so deepe-Whereupon itt
was ordered, thatt they shall have the help propounded by
them, (viz:) 4 dayes worke of every male in the towne from
16 yeares old to 60, those thatt cannott worke, to hyre others
to worke in their stead, and those thatt can, to worke in their
owne persons. And thatt Mr. Robt Newman, Mathew Gilbert, John Wakman, Will Gibbard, Jasp Craine, Will Andrewes, Anthony Tompson, and Robt Ceely as a coihittee, wth




144           NEW HAVEN COLONY RECORDS.           [1644
the advice of the governor and magistrates to treate wth the
said vndertakers, and agree upon such tearmres as may be
equall and for the publique good, setting downe in writing
whatt is done and expected on either pt.
Wil Peck having butt halfe of a small lott to his houslott,
whereby he is much straitened, desired 20 rod of ground
over agst his house by the creeke, wch was granted wth this
proviso, thatt, if the towne see cause to take itt frio him for
any publique vse, he shall relinquish itt, they paying him
such charges as shall be judged just.
Mr. Gregson desired thatt he might have his 2d divisio by
the place called the solitary cove, wch was granted him.
Itt was ordered thatt all the measures in the towne shall be
fitted according to the new measure wch is brought from the
Bay and appoynted to be the standard for all the collonyes,
and marked wth a new marke NH, and those who are to doe
itt are to have 4d for every bushell wch they so fitt and marke,
2d a peece for every halfe bushell, peck and halfe peck, and
2d allso for every bushell wch the onely marke and doe
nott cutt. The day appoynted for the said service is the 19th
day of this moneth, att wch day every one thatt have measures to fitt are desired to bring them to the meeting house.
Those who were desired to veiw the Beauer meadowes
made retourn thatt they conceive itt will not be convenient
for the towne to part wth itt.
[92]      ATT A COURT HELD THE 7th oF AUGUST,
1644.
Whereas complaynt was made by Thomas Nash of damage
done in his come to ye value of 9 bushells by hoggs in their
quarter, itt was ordered, that the cofiittee formrly appoynted,
(viz:) Thomas Kimberly, John Chapma, Thomas Aounson
and John Tomps5, naylor, shall veiw the fences of the said
quarter, and so farr as damage hath come by defective fences,
they are to lay the charge of the said 9 bushells upon the




1644]         NEW HAVEN COLONY RECORDS.             145
severall fences they finde defective, and if all cannott meete
about tlhe said veiw, then 3 of them may determine itt.
Theophilus Higginson desired the Court to forbeare him
till the next springe, aleadging thatt lie is nott able to pay his
fines till then, whereupon the Court granted his desire.
Itt was ordered thatt all the fines shall be demaunded forthwth, and if any refuse to pay, the marshall is to warne them
to the Court.
Richard Newma, being warned to the Court for neglect of
his watch, he nott appearing, itt was ordered, thatt if he come
nott before the Court rise, he shall pay Is fine for not appearing, and 1s to him thatt watched in his steade.
Richard Perry having beene formerly fined 40s for neglect
of his watch, att his hlumble request for some moderatiQ, the
Court ordered thatt he should pay onely 15s.
Will Andrewes, haveing undertaken to build and finish the
meeting house, did lett out some part of the worke to Thomas
Mounson, and Jervas Boykin, who putt itt off to Thomas
Saule and Will Gibbons, wth the said Will Andrewes consent
and approbatio, provided they did itt well, butt in the issue
itt was defectively done by the said Thomas Saule and Will
Gibbons, and Thomas MounsonI and Jarvas Boykin conceive
they are discharged of their bargaine, butt Will Andrewes
alleadged thatt lie never discharged them of their covenant
whereby they were bound to doe itt well and substantially, butt
wvth condicQ, tllatt they should see the said Thomas Saule
anrd Will Gibbons pforme their bargaine webh was to make the
roofe of the tower and turrett thite to keep out wett, butt because there was a defect of testimony on all sides, the Court
advised them to consult together and doe itt amongst them so
as the meeting house may be kept dry wthllout delay.




146               NEW  HAVEN COLONY RECORDS.                    [1644
ATT A GENrll COURT HELD THE 19th OF AUGUST
1644.
Captaine Turner and  Mir. Malbon were chosen Deputyes
for the Genrll Court to be held for this jurisdicti5 about the
tryall of an Indian, (called Busheage,) who is to be arrayned
for murder.'
Itt was ordered, thatt whosoever doth pass through a com5
gate or a gate into a com5 field and leavs itt nott well shutt,
shall pay 5s fine and beare all damage wch shall come by such
their neglect. If children or servants shall doe itt, their
parents or governors shall pay itt for them, butt the servants
to beare itt out of their wages.
Itt was ordered, thatt they of the watch who walk the last
round  shall call up the drumr an hower before day every
morning to beate the druiff.
Itt was desired, thatt seeing Mr. Malbon is to be fr5 home,
thatt the other 3, (viz:) Captaine Turner, Leivtenant Seely
and  Antient Newmla would perfect the veiw  intrusted wth
them the It of July last.
The marshall is to cry all lost things well are brought to
him to keep, on the lecture dayes and faire dayes, and to have
Id for evry cry, of the partys who shall challeng the things
cryed.
Itt was ordered, thatt the next 5th day shall be a genrll
traying, and the next genrll trayning to hold notwthstanding.
- For the murder of the wvoman at Stamford, ante p. 135. He was arrested and
delivered to the English by Wtuchebrough a Potatuck Indian. The record of the
trial is lost, but Winthrop informs us that "the magistrates of New Haven, taking
advice of the elders in those parts, and some here, did put him to death. The executioner would strike off his head with a falchion, but he had eight blows at it before
he could effect it, and the Indian sat upright and stirred not all the time." Sav.
Winth. ii. 189. Rec. U. C. Sept. 1646.




1644]        NEW HAVEN COLONY RECORDS.              147
[93]  ATT A COURT HELD ATT NEWHAVEN THE 2d OF OCTOBER
1644.
Roger Knap was discharged of his fine wch was sett upon
his head for want of armes, because the Court was informed
thatt his armes was burnt in Delaware Bay, and after he came
hither he was afflicted wth sicknes and so poore thatt he was
nott able to buy armes in due time, butt now he is furnished
wth armes.
Mrs. Stolyon demaund a debt of 31-8-6 of Goodman Chapma,
butt Robt Seely testified thatt Mrs. Stolyo had given himn a
note of thatt debt among others, to be payd into the ship on
her behalfe, and accordingly he accepted itt, and thatt the said
John Chapma from thatt time became debttor to the shipp,
butt Mrs. Stoly6 affirmed yt afterward she having payd all her
part into the ship, and John Chapmans debt being yett unpayd,
she desired Mr. Attwater, (who was then to receive the ships
pay,) to lett John Chapma know thatt now she expected the
31-8-6, should be payd into her owne hands, and to strike out
his name out of the aforesaid note, wch Mr. Atwater affirmed
upon oath he had done, and thatt John Chbapmla said to him
then that he cared nott, for he had as leave pay itt to lMrs.
Stolyon herselfe, whereupon itt was ordered, thatt John Chapmn shall pay the 31-8-6 to Mrs. Stolyo.
ATT A GENr11 COURT HELD THE 21th OF OCTOBER
1644.
Thomas Lupton, Will Russells and Henry Glover were admitted members of the Court.
Itt was ordered thatt the Secretary shall write to all the
plantations in this jurisdictio to lett them know thatt att the
Court of Elections considerati5 will be. had of chuseing the
comissionrS for the collonyes att the said Court by the vote of
all the freemen, thatt accordingly their deputyes may come
prepared.
Mr. Malbon and Captaine Turner were chosen Deputyes for
the Genrll Court next ensuing.




148           NEW HAVEN COLONY RECORDS.           [1644
Mr. Malbon, Mr. Lamberton, Mr. Evance and Mr. Wakemlu
were chosen Deputyes for the next ensuing halfe yeare.
Mr. Malbon was chosen Treasurer for this ensuing yeare.
Tho: Fugill was chosen Secretary for this ensuing yeare.
Tho: Kimberly was chosen Marshall for this ensuing yeare.
After some serious debate about the turning of the Mill
River, Mr. Goodyeare, Mr. Turner, Mr. Malbon and Mr.
Wakema were chosen comittees and desired by the Cort to
take unto them such workmen as have skill and veiw the said
River, exactly to see whatt advantages or disadvantages they
can discerne wch may either incourage or discourage the
worke, and allso to veiw the bridge ouer the Mill River and
report to the Court whatt they discerne or conceive is most
meet to be done concerning the prmises.
The Treasurer desired, thatt every one to whom the towne
is indebted would bring in their accounts, and thatt all those
thatt have alienated any land would enter itt, thatt the trdasurers booke may be perfected.
Goodma Smyth of Stratforde desired thatt he may have 30
or 40 acres of upland and 10 acres of meadow granted him for
the comfortable keeping of sheepe about the Oyster River,
whereupon itt was ordered that those who are intrusted in the
townes occasions for disposeing of lotts, shall consider of the
said ppositi6, and order itt as they see cause.
Richard Miles, Jasper Craine, Anthony Tompson and Francis Newman were chosen to be constant survayers, (untill
others be chosen instead of them,) of all the comon high wayes
aboute the towne and the bridges allso, and if need be, to press
men & carts for the repair of all such defects as they shall finde
from time to time, and the charge to be borne by the towne.
[94] 11 Whereas divers trespasses have beene coriitted by
those of the suburbs in Mr. Lambertons quarter, by the driving
of hoggs to the Oyster poynt and haunting them there. Mr.
Lamberton desired to know the judgmt of the Court, whether
itt be meete for them to haunt their hoggs there, seeing for
want of foode they will unavoydably trespass, whereupon a
comittee was chosen to veiw the matter in questio, and to report to the Court how they finde itt. Mr. Malbon and Mr.




[1644           NEW HAVEN COLONY RECORDS.                149
Gilbert for the suburbs, and Mr. Gibbard and Richard Miles
for Mr. Lambertons quarter.
[A General Court for the jurisdiction was held Oct. 30, 1644, as appears from the
date of the appointment of Commissiolers, and probably at the same time the jurisdiction resolved upon taking measures to procure a patent from the Parliament.]
ATT A COURT HELD THE 6t OF NOVEMB.
1644.
Henry Humerston, for creeping into Captaine Turn's house
att a window in a felonious manner in the time of the publique
meeting on the Lords day, was sentenced to be whipped.
Mathew Camfield, for neglect of his watch, was fined 10s.
Thomas Nash desired satisfacti6 for 12 bushells of corine
damage done in his core, by reason of defective fences pitly,
and partly the nott setting up of the fence in due time according to agreemt; whereupon itt was ordered thatt the quarter
shall beare the damage of A    bushells, because the fence
belonging to the towne was nott sett up in time, and the
other  A  bushells to be borne by those perticular fences wch
upon veiw was found defective.
ATT A G(ENr11l COURT HELD THE ilti OF
NOVEMB: 1644.
The propositio for tile releife of poore schollars att the colledge att Cambridg was fully approved off, and thereupon itt
was ordered, thatt Josualh Attwater and William Davis shall
receive of every one in this plantatio whose hart is willing to
contribute thereunto, a peck of wheat or the vallue of itt
Whereas the Genrll Court for this jurisdictio did see cause
to putt forth their best endeuors to procure a Pattent fro the
Parliament, as judging itt a fitt season now for thatt end,
and therefore desired Mr. Gregson to undertake the voyage
and busines and agreed to furnish him wthll 2001 in this jurisdictio, of wch, in proportia to the other plantations, Newhaven
is to pay 1101 in good marchantable beaver, itt was thereupon
ordered, thatt the said 1101 shalbe procured at the charge of




150         NEW HAVEN COLONY RECORDS.              [1644
the towns treasury, vpon such tearmes as itt may, and the
towne to stand to the tearmes and beare the damage thatt
may come thereby.
The comittee thatt were appoynted to veiw the land for Mr.
Gregsons and Mr. Wakemans quarters, reported, thatt they
found much land wch they conceive is good, butt what quantity they cannot judge, and therefore desired thatt a comittee
may be now appoynted to veiw and survay the land yt yett is
unlayd out, to see if it be such land for quallity as hath beene
layd out to other quarters for their 2d divisio, and allso wt
quantity there is of it. Mr. MIalbon, AMr. Francis Newma,
Anthony Tompson and Leivtenant Seely were appoynted for
the said veiw.
Vpon complaint made by some of the planters of Totokett,
thatt the Mohegin Indians have done much damage to them
by setting their traps in the walke of their cattell, itt was
ordered, that the marshall shall goe wth Thomas Whitway to
warne Vncus or his brother or else Foxen to come and speake
wth the Governor and the magistrates.
[95]  11 Itt was propounded thatt, (because many men thatt
come and appeare att the Genrl' Courts when their names are
called over, goe away before the Court rise,) the order for appearance att Genrll Courts under a penalty be read att the
next Genrll Court, thatt itt may be altered if there be cause.
Itt was propound thatt att the next Genril Court, survayers
may be chosen for every quarter to veiw the fences belong to
their severall quarters, and where they finde any defective, to
acquaint the owners, and if the defect be nott mendedl by a day
appoynted, the survayers to gett itt done and the owners to
beare the charge wth some fine.
Itt was allso propounded thatt a comittee may be appoynted
to veiw all the orders thatt are of a lasting nature, thatt such
as are defective may be mended and presented to the Court to
be confirmed.




1644]         NEW HAVEN COLONY RECORDS.             151
A COURT HELD ATT NEWHAVEN THE 4th
OF DECEMBER, 1644.
John Gibs and William  Gibbard were fined each of them
10s for neglecting their watch, they being mars of the watch.
A COURT HELD ATT NEWHAVEN THE 2d OF
JANUARY, 1644.
Whereas some goods belonging to Mr. Pike of Yncaway, in
the hands of Tho: Robinson of this towne have beene attatched
by warrant from Mr. Gregson att the sute of John Livermore
of this towne allso, who desired the judgmt of the Court,
whereupon itt was ordered, thatt Thomas Robinson shall keep
somuch of the said goods in his hands as will satisfie the just
demaunds of the said John Livermore.
John Dillingham and Thomas North, for totall absence att
traying, fined each man 2s 6d.
Whereas there was a difference betweene Mr. Evance and
John Tompson, nayler, about the price of 2 heifers wch the said
John Tompson bought of Mir. Evans, itt was agreed betweene
them in the Courtt, thatt Mlr. Evans should have his heifers
againe.
Forasmuch as itt appeared to the Court, thatt Mr. Leach
hath brought some bricks from the brickills in the plains wch
did belong to Mr. Gregson, itt was ordered thatt iMr. Leach
shall pay Mr. Gregson for them.
Mr. Evance desired the judgmt of the Court concerning a
debt of 6' 15s, wch he demaund of Edward Chipperfield who
had put him of wth excuses, and did alledge it should have
beene payd out of a kill of bricks wch was to be devided betwixt Steven 3Medcalfe, John Medcalfe and himselfe, butt upon
examination itt appeared thatt there were not so many bricks
due to him of the said kill ftll as would satisfie Mr. Evance
his debt.
Will Andrewes allso desired a debt of 51 due to Will Harding fro5 the said Chipperfield, who having nothing wherewth to




152           NEW HAVEN COLONY RECORDS.            [1644
pay either the one or the other, said he would referr himselfe
to the Court.
Tho Blacksley, because of his poverty, had part of his fine
remitted, (viz) 6s 8d.
Nathan Burchell his fines for defects remitted hitherto, provided thatt he gett armes and attend trayings duely for time
to come.
All yt have beene fined for not bringing- their armes to the
publique worps remitted hitherto.
Bro: Abbott demaunded satisfactio of Mr. Lamberton for
damage done by his hogs in the Oyster shell field, butt respited.
Robt Parsons desired his fine might be remitted, but the
Court see no cause why.
[96]     ATT A COURT HELD ATT NEWHAVEN THE
5th OF FEB: 1644.
Whereas certaine goods belonging to Mr. Lewis of London
have beene attatched in the hands of William Andrewes att
the sute of Thomas Stevenson of Yenicott, Mr. Priden as his
attournay required judgmt upon the said goods. The Court
understanding that the said Stevenson solde and delivered to
Mr. Lewis aforesaid a boat att Virgenia valued att 81. Thatt
the said Lewis did promiss in lew thereof thatt the said Stevenson should have a mare of his wch was then in the hands of
Mr. Russells of Charlestowne in the Massacusetts, butt when
the said mare was demaunded, the said Mr. Russells said he
had sould her for fower pounds, whereupon itt was ordered,
thatt the said Will Andrewes shall pay unto the said Mr.
Priden the sai of 41 wch was the price of the mare when shee
was solde, and the remainder of the said goods in the hands of
Will Andrewes belonging to Mr. Lewis shall rest there as
attatched till the Court dispose otherwise of or concerning
them.
William Tompson demaunded satisfacti5 of Mr. Gregson for
damage done in his come by his hoggs, itt being evidenced in
the Court thatt the fences of Goodman Banister, Edward Patte



1644]         NEW HAVEN COLONY RECORDS.              153
son and John Charles were defective att the same time when his
hogs did the damage, itt was ordered, thatt they should beare
the damage according to their different just pportios, (viz)
Edward Banister 3 bushells, and the other 2 each of them one
bushell and a halfe.
Thomas Moulenor senr, and Thomas Moulenor his son, being
charged wth sundry miscarryages and breach of peace but
nott issued, itt was referred to another Court and in the meane
time itt was ordered, thatt they shall both enter into into a
recognisance of each man 1001 to keep the publique peace and
be of the good behavior towards all people and especially towards the inhabitants of Totokett.
Arthur Halbidge, having beene formerly charged by Mr.
Browning for stealing fr5 him a bushell of come to tile vallue
of 4s, and a shirt or frock to the value of 1s, wch he att first
denyed wth cursing himselfe butt now confessed the fact, and
was sentenced to be whipped and to make two fould restitutio
to Mr. Browning, and to beare all the charges wvch have beene
caused by him.
Richard Lambert, having beene formrly convicted and sensured for sundry miscarriages in was of unrightousnes, now
made an acknowledgmt of his guilt in the court, thinking
thereby to give satisfactio, who showed themselves willing to
take satisfacti6, butt yett advised him to be carefull to make
his peace wth God, and seeke to gett that bitter roote, (whence
such evill frutes did spring,) that a reformatis of those evills
may appeare in his conversatio.
A COURT HELD THE 6th OF MARCH
1644.
Mathew Crowders fine remitted uponl Mr. Brownings testimony thatt his was sick att thatt training fro wch he was
absent.
John Walkers fine was was remitted bee: he was lame.
Robt Parsons fine respited till May or June.
20




154           NEW HAVEN COLONY RECORDS.            [1644
[97]   ATT A GENr11 COURT HELD ATT NEWHAVEN THE
24 OF FEB. 1644.
Jer. Whitniell, Thomas James, Robt Martin, John Gregory
and John Meggs were admitted members of the Court.
Itt was ordered thatt if any members of the Court shall depart from the Genrll Courts wthout licence after their names
be called, they shall pay each man Is 6d fine, and if any planter
shall depart wthout licence while the Court sitts, he shall pay
one shilling fine.
Whereas the plantatio hath beene much exercised wth hoggs
distroying of corne, the Court tooke itt into serious consideratio how they might prevent the like damage for time to come,
and after much debate itt was ordered, thatt a comitte shall
be chosen in every quarter to veiw the coffion fences and
fences belonging to every quarter, some one clay in the first
weeke in every moneth, from the first of March next unto yt
day 12 moneths, and observe diligently whose fences are defective and acquant the owners therewth, calling upon them to
gett them mended, and to lett them know thatt they are to
make good all the damage welh shall be done wthin thatt fence
till theirs be mended if none other be found defective besides;
and they whose fences are defective shall pay the said veiwers
for their expence of tilne, about the said veiw, butt if no fences
be defective, then the whole quarter shall pay them. And
the said veiwers are to acquaint every famyly in their said
severall quarters, or every pson that hath any part in the fences
wch they are to veiw, what day they intend their first veiw
that every said owner may go or send one wth them to marke
their owne fences att both ends, that the veiwers may afterwards exactly know wch is every mans fence, and if any man
upon notice so given shall neglect to goe or send as aforesaid,
he shall pay 2s fine.  And if the veiwers shall neglect to veiw
att the times appoynted, or shall neglect to observe exactly the
defects, or shall neglect to give due notice as aforesaid, each
ma shall pay 5s fine for every default as aforesaid.  Moreover
if any fences belonging to the towne, (and once accepted as
good by the treasurer,) be found defective, the veiwers shall
gett them mended, and if they cannott otherwise gett workmen




1644]         NEW HAVEN COLONY RECORDS.             155
they shall have power to press men to mend them, and the
treasurer shall pay them.
Itt was allso ordered, thatt if any mans come be damaged
by cattell or hoggs, he may pound them if he finde the beasts
yt have done the damage and cannott finde where they gott in
or at whose fence, he may goe to the veiwers appoynted for
thatt quarter where the dafmage was done, and gett them to
veiw the fences, and he or they whose fences they finde defective shall beare the damage and pay the veiwers for their expence of time if they be called to veiw extraordinaryly.
Jasper Craine and William Touttle for Mr. Davenports
quarter, John Caffins and Jarvas Boykin for Mr. Newmans
quarter and Mr. Brownings, Robt Johnson and Thomas Powell
for the Yorkshire quarter, Will Fowler and Henry Glover for
Mr. Wakeffis quarter, Rich: Miles and Willia Davis for Mr.
GOregsons quarter, Rich: Hull and Nicholas Elsey for Mr.
Lambertons quarter, Will Ives and Edward Banister for the
suburbs, Thomas Mounson and Robt Pigge for the Oystershell
field, Rich: Mansfield and David Atwater for the farmes, and
Francis Browne and John Vincent for the plaines.
The Court desired the magistrates together wth the deputies to veiw all those orders wch are of a lasting nature, and
where they are defective, to mend them and then lett them
be read in the Court thatt the Court may confirme or alter
them as they see cause.
Whereas much disorder hath beene done by some in cutting
downe trees in the comr5 wthin the 2 miles contrary to order,
the Court required Anthony Tompson and John Clarke to
enquire who they are that have transgressed thatt order, and
to take notice who doe hereafter transgress in like kinde vntill
some other be chosen in their stead.
Itt was ordered,-thatt all men shall duely pay their rates to
the treasurer, or to those whome he shall appoynt to receive
them wthout putting him of to others, and that all those who
have alienated land shall pay the rates for itt themselves
untill it be entered in the Court booke according to order.
Itt was ordered, thatt all those of the squadrons wch in
their course. doe bring their armes on the Lords dayes to the




156           NEW HAVEN COLONY RECORDS.           [1645
meeting, shall bring them to the meeting the lecture day imediatly before, so many of them as doe come to the lecture.
[98]  flThe Governor desired thatt all meanes might be vsed
to pfect souldiers in the military art, and thatt the genrll trainings and squadrons wth an artillary allso may be incouraged
and improved to thatt end, and wished thatt all those thatt are
free and willing, would goe to the leivtennant and sergeants
and enter their names to be of an  artillary, who, when they
are approved, shall be exempted fr5 the squadron traynings.
Mr. Pearc desired the plantatio to take notice, thatt if any
will send their childr. to him, he will instruckt them in writing or arethmatick.
Robt Abbott and Will Paine desired that their land might
be layd out on the East side, in such a forme as may be convenient for them to fence itt and improve itt. Jasper Craine
and Wil Touttle were desired to veiw it and consider how itt
may be layd out to sute the townes occasions and their conveniences.
Jasper Craine was freed from watching and trayning in his
owne person, because of his weaknes, butt to finde one to
watch in his stead wh6 his turne comes.
Goodma Goldam freed from watching and trayning in his
owne person in like manner in regard of his weaknes, onely
he is to finde a man to watch for him when his turne comes if
his estate will beare itt.
ATT A GENrll COURT HELD ATT NEWHAVEN
THE LAST OF MARCH 1645.
Will Fowler, Tho: Mitchell and Phillipp Leake were admitted members of the Court.
Mr. Malbon was chosen Treasurer.
Mr. Malbon, Mr. Evance, Mr. Gibbard and Mr. Francis
Newman were chosen deputies for the halfe yeare next ensuing.
Captaine Turner and Mr. Malbone were chosen Deputies for
the Jurisdicti6 Coulrt,




1645]         NEW HAVEN COLONY RECORDS.               157
Elder Newman exempted fro attending att the Genrll Courts
by reason of his many occasions.
Itt was ordered thatt Jasper Craine and Robt Ceely before
the next second day, shall veiw all the cannows belonging to
the English about this towne, and marke y wth the townes
marke all such wch they shall approve as fitt for the English
to vse, and thatt no person or persons in this plantatio or
belonging to itt shall lend or vse any cannow thatt is nott so
marked by the psons aforesaid, under the penalty of 20s fine
for every default.
Itt was ordered thatt no pson or psons shall kindle a fire to
burne leaves, straw, cornestalks or any kinde of rubbish either
in gardens or houslotts in or about this towne vnder the penalty of 21 fine.
Itt was ordered thatt no man shall putt any cattell into the
neck fro this day foreward above his pportio, under the penalty of 6d a weeke for every head, according to the intent of
a formr order in that case mad 16th of Janl: 1642.  And thatt
before any man putt any cattell into the neck, he shall give
notice to the governor whom the Court desired to take the
paines to cast up whatt every mans proporti6 is, when he
knows in whose right they come.
Elder Newman and Captaine Turnr are desired to see the
fence belonging to the neck well done and a gate towards the
farmes, old Bassett and his son were desired to doe itt.
Itt was ordered thatt no cattell shall be putt into the neck
att the spring, untill the first of Mlay.
Itt was ordered thatt the druinks belonging to the towne
shall be putt in good repaire att the townes charge, and Steven Medcalfe and Robt Bassett shall have 81 betwixt them, for
weh they shall attend all the townes occasions as comofi
drunirs for the towne till this time 12 moneths, and maintaine
the druffis att their owne charge in good plight, and leave
them so att the end of the tearme.
Itt was ordered thatt the treasurer shall pay Steven Medcalfe 20s for the service he did the last winter extraordinary.
[99]  iiThese following officers and orders of the Artillary
company were prsented to the court and confirmed by the




158            NEW HAVEN COLONY RECORDS.           [1645
court, leaving the sett time of trayings to the company themselves to order as they shall see cause.
Mr. Malbon Captaine, Leivtent Ceely, Leivetent Francis
Newma, Standard  bearer Will Andrews, Tho: Mounson,
Tho: Jeffrey and John Nash Sergeants.
ORDERS FOR THE ARTILLARY COMPANY ATT
NEWHAVEN.
1 Thatt the company from time to time chuse their officers
from among themselves, as captaine, leivtennant, ensigne, sergeants and others necessary for service, and thatt upon such
choyce they yearly prsent them to the Genrll Court for Newhaven for approbati6 & confirmation.
Thatt every man offering himselfe to this company be either
free and att his owne disposeing for such a service, or if a servant and ingaged to any other, thatt he bring a certifficate or
other satisfying testimony of his mars consent thatt his way
may be cleared before he be admitted to exercise.
Thatt every member of this company att his first entrance
pay the suffi of 18d for and towards the raising of a small
stock for the necessary vses of the company, to be payd in to
the treasurer or clarke appoynted by the company for thatt
purpose.
Thatt once a    A    upon the 4th day of the weeke after
the lecture is ended, this company exercise themselves in a millitary way for increase of their skill and activity against times of
service. And for this exercise the first druff to beate att the
going out from the lecture, and the second drumfi one hower
after, and thatt att every such exercise every one of the company be present upon the markett place and answere att the
call of his name and bring wth him his muskett and all other
armes appoynted for the said exercise.
Thatt whosoever of them cometh late or nott compleatly
armed, on any of these dayes of exercise, shall pay 6d for a
fine, and for totall absence 12(1, and thatt the offendors being
first demaunded, duely pay these fines before or att the 2d
exercise next after the forfeiture.
Thatt every one of this company purposely coming to any




1645]          NEW HAVEN COLONY RECORDS.              159
Genrll or perticular Court, or to the ordinances att any publique meeting, whether on the Lords dayes, lecture dayes,
dayes of solleme fasting or thanksgiving, shall carry and weare
his sword by his side, under the penalty of 6d for every such
omission and default if he give not a sufficient reason to the
satisfacti5 of the company.
Thatt if ally member of this body fined by the major pt of
this company for any default before mentioned be not satisfied
concerning the same, he may offer the consideratiS of his
offence and-fine to the company, to the next perticular court,
(upon due notice by him  given to'the company,) who shall
heare and determine betwixt the company and him according
to their light in referrence to the forgoing orders.
Thatt the stock of this company whether arising from
entrance mony, fines, mony given, or any other way, shall
from time to time be disposed off by the consent of the major
part of the company att some meeting, and nott other wise.
Thatt every member of this company, (according to his
place and estate,) come to these exercises in decent apparrell,
thatt all excess, all contentious, provoking, sinfull carryage
in speech, gestures and actions be avoyded, butt if ally offend,
upon complante, the perticular court to examine, censure and
reforme as they shall judge meete.
Lastly for their further incouragmt, itt is granted and
ordered thatt all the members of this company duely attending the genrll traynings be freed from the perticular squadron
meetings and traynings wherein the rest of the towne are
exercised by the sergeants.
Whereas, by reason of the artilary, the squadrons will be
small, itt was ordered thatt 2 companyes shall be joyned into
one, of the sergeants in their course shall exercise them one in
every 2 weekes.
Itt was ordered thatt the markett place shall be cleared
forthwth, and the wood to be carryed to the watch house there
to be piled, and thatt the busines may be effected, the care of
itt is comitted to the 4 sergants.
Itt was ordered thatt if any mans goates shall be found out




160           NEW HAVEN COLONY RECORDS.           [1645
of his owne ground wthout a keeper after this weeke, he
shall pay 6d a head.
James Russells, by reason of his lanme thumb, was excused
fr5 bringing his muskett on the Lords dayes and other dayes
of publique sollemn worPS.
[100]  IlMr. Davenport having a desire to remove his fence
from thatt side of his lott towards'the clay pitts way to the
other side of his lott towards the mill highway, requested thatt
he might have liberty to fence up the way to the clay pitts and
he will make a gate, sett a lock upon itt and leave the key att
John Coopers house, wch being considered by the court they
granted his request.
Itt was ordered thatt from hence forward the monthly court
shall be kept on the 3d day of the weeke.
Phillip Leake was chosen corporall instead of Abraham
Bell.
Itt was ordered thatt a chist shall be made forthwth to putt
the pikes in, to keepe them  from warping, weh Thomas
Mounson and the rest of the officers undertooke to see done.
Itt was ordered thatt those thatt live att the farmes shall
bring or send their armes to be veiwed on such dayes as are
appoynted, and they all attend the genrIl traynings except one
man att every farine.
Itt was left to the Governor and Captaine Turner to order
and appoynt the genrl! trainings so as may be most for the
common good of the plantatio in respect of hay time and harvest.
A COURT HELD ATT NEWHAVEN THE
8th OF APRILL 1645.
Mr. Malbon required satisfacti6 of Mr. Caffins for damage
done in his corle att seurall times, once by his swine, and
another time by his cattell, wch was valued att 8 bush:s each
time, butt Mr. Caffins aleadged thatt the damage came by
defect of their owne fence wch was nott made up betweene the
clay pitts and their come. The case being something darke,
wth consent of both parties, it was referred to John Wakeman,




1645]         NEW HAVEN COLONY RECORDS.              161
Rich: Miles and Jasper Craine to veiw and arbitrate & determine, or else to report to the court how they finde itt.
Robt Ceely was desired to advise wth some thatt have skill
in leather to gett whatt light they can agst the next court,
thatt some course may be taken if itt may be to moderate the
price of leather and'shooes.
John Meggs accused Captaine Turner, Tho: Pell and Tho:
Robinson of extortio or vnrighteousnes in the prices of leather
wch they sould to him, butt being nott prepared to make
proofe of whatt he had charged them wth, the proceeding was
respited vntill the next court.
Captaine Turner having  received eighteene pounds and
eighteene shillings of Mrs. Higginsons estate, and John
Wakenma fifteene pounds allso of the said estate, have both severally ingaged their their houses and lands att Newhaven unto
the court of Newhaven for the true paymt thereof in current
country pay att the full end and tearme of 5 yeares from
October last past, together wth 3s att every pound for considerati5 of the said Inony.
John Walker desired satisfactio for damage done in his
corne by hoggs wch Thomas Morris testified was 12 bushells,
whereupon it was ordered that the defective fences shall make
itt good.
The marshall was required to warne their quarter to gett
the defective fences mended, and the treasurer is to pay for
thatt wch belongs to the towne.
Mr. Leach having cutt shingles in the woodes contrary to
order, desired to know the minde of the court, whether or noe
he may have them, itt was ordered thatt he shall, if lie will
make vse of them referring himselfe to the court for the price
of the shingles and his disorder in getting them wthout
license.
21




162           NEW HAVEN COLONY RECORDS.           [1645
[101]         A COURT HELD THE 6t OF MAY
1645.
Obadiah Southwood being apprentice to Goodman Tainter
for runing away from his said mar, and being convicted for a
notorious lyar, was sentenced to be seveerly whipped.
Concerning the defference betweene Mr. Browning and
John Moss, they were desired to cleare mistakes betweene
them about the diffective fences in the oyster shell field wch
concernes them, wch the veiwers have given them warning of
3 times, and yett the are nott mended.
Itt was ordered thatt they whose fences in the oyster shell
field are defective, or were found to be so upon veiw, shall
pay the veiwers for their loss of time as well in attending the
court as in veiwing, because the did nott gett their fences
mended according as they were advised, (viz) Mr. Browning,
A    Abbott, Mathew Moulthrop, Goodma Pigg and John
Moss.
Thomas Barnes required satisfacti6 of Raiph Dighton for a
cow of his wch perished as he conceives through his sons
neglect who kept the heard thatt day, butt Raiph Dighton
alleadged thatt a cow of thatt heard being swamped, his son
came home to the towne to gett help, and left his partner wth
the cow in the interim, and before they had gott the cow out
of the swamp itt was night and the heard was comining home,
and they nott knowing of any dangerous place betwixt the
bridge and the place where the cattell vsed to come over, did
nott conceive itt necessary to follow the cattell, butt came
over the bridge, and though they came on the other side of
the- river over against the place where his cow was afterwards
found perished wth her foote in a hole betwixt the banck and
the roote of a tree, yett they did neither heare nor see her.
Itt was testified by others that there was noe knowen place of
danger in thatt place before menconed. The judgmt of the
Court was thatt itt was an afflicting providence of God wch
the said Barnes was to beare himselfe, and that the boy was
innocent in the case.




1645]         NEW HAVEN COLONY RECORDS.              163
Robt Johnson for a defective gunstock was fined 1s and
charged to gett itt mended.
A COURT HELD THE 3d OF JUNE
1645.
The difference betwixt Captaine Turner and John Hill concerning a Bull wch the Captaine conceived did dye by the
default of the said John Hill in working him contrary to his
mars express comaullnd, was referred by consent of both ptyes
to John Wakeman and Mr. Robert Newmin  to arbitrate and
determine if it may be, or else to report to the Court how they
finde itt.
John  Meggs having formr ly charged Captaine Turner,
Thomas Pell and Tho: Robinson wth extortid or sinfull
vnrightousnes, and nott being able to make good the said
charge agst them, did now acknowledg his error, wolh acknowledgmt was accepted as satisfactio, onely he was sentensed to
pay 1s fine for nott appearing att the last court, and to pay
the charges of those who had attended 3 courts together by
his meanes.
James Till for stealing 2 fadd: of black wampom, and one
fadd: of white from Laurence Turner, into whose company he
intruded himselfe under pretence of frendship, was sentenced
to be whipped and to make 2 folde restituti5 to the said Laurence for what he hath stolen.
The difference betweene MIr. Goodyeare and John England,
by consent of both ptyes, was referred to Mr. Robt Newma and
Mr. Gilbert to arbitrate and determine if it may be, or to make
report to the Court how they finde it.
Edward A Mr. Gilberts man, desired the judgmt of the court
whether his mar can force him to serve any longer, he having
nothing to show in writing, itt was answered that he must
stay wth his mar one yeare more, and in the meane time, both
he and his mar may write to his friends for both their satisfactio, and if he doe serve a yeare longer the he should have done,
then his mar is to pay him for his last yeares service.




164          NEW HAVEN COLONY RECORDS.            [1645
An account was delivered into the court by Mr. Craine concering Mr. Roe and ordered in case itt be questioned it is to be
tryed in a Court of Magistrates.
Andrew Low, for late coming to watch, fined 2s, and Geo.
Larrinmor and Goodma Harrison fined each of them 1s for the
same.
Tho: Caffins fined 6d apeece for his goates pounding.
Rich: Webb promised to pay vnto Josuah Attwater 33s wch
he demaunded of him as due to the shipp.
Fifty shillings of Steven Medcalfe's in the hands of Peter
Browne is attatched by Mr. Gregson for a debt of the said
Stevens.
[102]  ATT A GENr1l COURT HELD ATT NEWHAVEN
THE 16th OF JUNE, 1645.
Those who have the small lotts propounded their want of
meadow to the serious consideratiS of the court, desireing that
the court would grant them the meadowes called the Beaver
meadowes and they will endevor to improve them, and if they
can so improve them as to make them comodious for their vse
they will be content to pay rates backward and forward in a
moderate way as shall be judged equall, butt if nott they will
retourne the said meadows into the hands of the towne.
Leivtenant Seely and Jer Witnell complained thatt their
meadowes are so bad as that they are alltogether unserviceable
to them and cannott be improved, and therefore desired the
court to take their case allso into serious consideratio.
The Court seriously considering and debateing the said
propositions, declared themselves willing to attend the necessityes of the partyes aforesaid and others whose meadowes by
charge cannott be improved, and therefore ordered that Jasper
Craine, Marke Pearce, John Clarke and Henry Lendall shall
veiw the said meadowes in referrence to the aforesaid ppositions and make report to tile Governor and the rest of the
Court, (whatt they conceive concerning them,) who shall have
have power upon the retourne of the said veiw to dispose of
the said meadowes, to lay out proportions and to settle rates




1645]         NEW HAVEN COLONY RECORDS.             165
according to each mans different and severall considerations
interessed in the aforesaid propositions as they in their wisdome shall see cause.
Francis Browne moved in the court thatt if he may have a
little house or shade made att the water side to worke in and
competent allowance for his paines, and if itt may be, some
land in the Oyster-shell field to plant, he will keep a ferry
boate to carry people over the East River, and thatt he will
attend itt every day from the rising of the sun to the going
downe of the same in an ordenary course till 12 moneths be
expired from the date here-of, exceptinge Saboth dayes and
other times of solemne publique worp of God. Whereupon itt
was ordered that he shall 2d apeece if there be nott above 3.
If there be above 3 and not above 6 he shall have 3oh a peece,
and if above 6 he shall have butt 1d a head for their fare. Itt
was allso ordered thatt if any English man shall transport any
person or persons in any other boate or cannow in the ferryes
way, lie shall pay to the ferryman Id a head for every person
so transported by him, provided notwthstanding, that if any
planter in this towne have a boate or cannow of his owne he
may make vse thereof to transport himselfe, famyly or worke
folkes to and againe, (as their busines or occasions require)
wthout offence. Note allso that the farmers on the East side
are left free either to vse their owne cannowes or boates, or to
agree wth the ferryman as they call when they have need.
The Court desired the Governor wth the magistrates and deputies to take care thatt a shade or little house be made as
aforesaid, and that the ferryman may be accomodated wth 2
or 3 acres of land convenient for him in the Oyster shell field
if it may be.
Whereas much damage hath beene done to timber in the
coifion by getting barke for dying and tanning, itt was therefore ordered thatt Sergeant Andrewes, Sergeant Jeffreyes &
Sergeant Mounson, wth Corporall Whitehead shall consider
where the dyers and tanners may gett their barke for time to
come wth least damage to the publique and that from henceforward if any shall gett barke in the coifions wthout their




166           NEW HAVEN COLONY RECORDS.           [1645
allowance, or contrary to their appoyntment, they shall be
punished att the discretio of the Court.
Whereas the court did desire the Governor and the captaine
to consider and order the traynings so as may sute best wth
the townes occasions, wch accordingly they have ordered as
followeth; the first Munday in March to traine and veiw
armes, the last Sunday in Aprill & the last Munday in May
to traine, the third Munday in June to trayne and veiw armes,
the last MuLnday in September to traine and veiw armes, the
first and last Mundayes in October to trayne, the second Munday in November to traine and veiw armes, wch dayes were
approved and confirmed by the court.
Itt was ordered that if any person or persons, whether directly or indirectly, in this towne shall sell wine by retayle of
quarts or pintes or the like, after 14 dayes next ensueing be
expired, wthout license, lie or they shall be punished att the
discretio of the court.
Will Andrewes licensed to draw wine and to sell by retayle.
Vpon a moti6 made by William Andrewes for some convenient place to putt straingers horses in, itt was ordered thatt
the said William Andrewes shall have liberty to fence in 20
acres of land att the hither end of the plaines joyning unto
Franlcis Newmans lott, and if dye or leave the ordinary, the
land shall goe to the ordinary still for the vse aforesaide, onely
his charges are to be allowed by him thatt shall succeede,
thatt he or be no looser when he leaves itt if the hyre he receives doe nott pay him in the interim.
[103]  11 Itt was ordered thatt a standard of weights and
measures shall be made forthwth, and thatt every one in the
towne who have weights and measures wch they intend to buy
or sell by, shall bring them to the meeting house this day fortnight att 8 a clock, and Rich: Miles, Josuah Attwater and
Nicholas Elsey shall fitt and marke them by the standard and
goe to the houses of those who have great weights wch cannott
wth conveniencie be brought., to the meeting, and what time
the spend in the aforesaid service, the treasurer is to pay
them. And if any person or persons shall after the aforesaid,




1645]         NEW HAVEN COLONY RECORDS.             167
shall sell by any weight or measure not so marked as aforesaid,
he or they shall be punished att the discreti6 of the Court.
Whereas some have taken offence att the shepheards keeping his sheep and making a penne for them towards the Oyster
river thinking they were wronged by itt, butt the order of
Court the 21 of October 1644 being read, itt appeared thatt
nothing was done butt by order of Court.
Itt was ppounded thatt another ordinary might be sett up
towards the water side, butt none was found fitt for the present, onely itt was left wth John Livermore to consider off if he
can be free & fitt to undertake itt.
Itt was propounded thatt every souldier in the band may
have a yeard of canvis for such vse as the captaine shall appoynt. - Itt was allso propounded thatt a marke may be sett
up in some convenient place for the company to shout att for
some priz.
Whereas the place where John Benham  now makes bricks
is wthin the compass of Mr. Eatons farme, and noe way to itt
butt butt by water except through his ground, wch nevertheless
hitherto he hath nott beene debarred of, but of late brother
Benham having a purpose to inclose some ground there, the
Governor Mr. Eaton lett him know itt would nott be convenient for him to have a farme wthin his farme, whereupon the
said John Benham propounded to the Court where he shall
make bricks, butt nothing was determined concerning.
Itt was ordered thatt a chist be made for the pikes and the
great guns putt in readynes for wth, according to a former
order.
A GENr11 COURT HELD THE 20th OF JUNE, 1645.
Whereas itt doth appeare there is need of sending forth
some souldiers to strengthen Vncus agst the Narragansett Indians, for the present and yt some thing may fall out wch may
occasi5 the sending of more men, itt was therefore ordered
thatt the Governor wth the rest of the Court wth the Captaine
and Leivtenant as a councell of warr shall dispose and order




168             NEW HAVEN COLONY RECORDS.              [1645
all the military affayres untill the Genrll Court for the jurisdicti5 shall settle some course concerning the same.
A COURT HELD THE 1t OF JUNE, 1645.
Will Russells being mar of a watch, for suffering his watch
to sleepe was fined 10S.
The sentinell fined 5s and all the rest 1s a peece.
John Hunter fined 5s for neglecting his watch.
Sam Dighton and Anthony Stevens respited.
A COURT HELD THE 5 OF AUGUST, 1645.
Robt Abbott having his goates driven forth towards the
keeper, butt were found in the quarter yett had done no damage, desired the judgmt of the Court whether lie were lyable
to pay 6d a head by vertue of the order agst goates.
[Here the records cease to be in the handwriting of Thomas Fugill, and what follows, as far as page 194, is in that of Richard Perry.]
[104]  AT A GENII COURT HELD AT NEWHAUEN THE 18th OF
AUGUST, 1645.
Vppon a letter from the Governour' it was desired that
some course may be taken for the common saftie in these rumours & tumults of the Indians.
The gunne smithes were desired to lay aside all other
buissines & gett those gunnes repayred that are defective.
Henry Pecke and old Bassett were desired to sett the great
gunnes vppon good strong carryadges.
The farmers that have butter and cheese were desired to
keepe it in their hands, that in case the publicque service require it, they may be furnished.
All those that goe abroad in the woods or meddowes were
$ From Boston, where he was attending a meeting of the Commissioners of the
United Colonies.




1645]         NEW HAVEN COLONY RECORDS.             169
desired to carry their armes wth them, & to worke as neare
together as may bee.
It was desired that those that goe forth with the heards and
flocks would carry their gunnes wth them & it was advised
that 2 might goe wth euery heard onn the Lords dayes.
AT A GENNERALL COURT HELD AT NEWHAUEN THE 25th OF
AUGUST, 1645.
The court tooke it into serious consideration what should
be done wth farmes, but nothing was concluded about them
but left to further consideration, only those that live at the
farmes were desired to keepe good watch & be carefull of their
owne saftie, till there be more apparent danger and some further order concerninge them.
It was debated whether the dischardging of a gunne in the
towne, woods or meddowes, shalbe taken as an allarrum dureing
these times of danger, but it was left.
It was propownded that those that have gunnes most fit for
service abroad, shall lend them to the souldiers that are to
goe abroad, Also that those that have shoes & stockeings to
spare, would furnish the souldiers wth them, and Mr. Gregson
vndertooke to see them satisfied for them.
A COURT HELD THE 2d OF SEPTEMBER, 1645.
Richard Catchman desired the justice of the court agaynst
Thomas Hart and complayned that the said Hart carryed away
his negroe servant from Virginia wthout his licence, wherby
he was damnified to the vallew of 2000 waight of tobacco in
the price of her, besides what was dew to him from the said
Thomas Hart for the service of the said servant for sundry
monthes.
Thomas Hart pleaded that the said Catchman did owe him
a debt, & delivered a noat of severall accompts into the court.
But because they wanted clearnes of evidence onn both
sides, the court advised them to refferre it to arbitration, accord22




170           NEW HAVEN COLONY RECORDS.           [1645
ingly they chose Mr. Gregson and Mr. Malbon to arbitrate it, &
if they cannot end it they desired Mr. Eaton the governour to
vmpire it.
Richard Catchman' as aturney for Florence Payne in Virginia demanded a debt of Mr. Hart wch hee the said Thomas
Hart did acknowledge, but conceived that part of it was paied,
if not all, but had not his proofe readdy, whereuppon it was
respited that he may have time to make proofe; in the meane
time to lay in security to the court for the said debt till hee
make proofe of the payment of it ill Virginia.
John Thomas for absence at a gennerall trayninge was
fined 5s.
[105]  A COURT HELD AT NEWHAVEN THE 6th OF OCTOBER,
1645.
Michaell Palmer complayned that Richard Beech did promise to pay him a debt of 35s in beaver but had fayled.
Richard Beech acknowledged the debt & his promise to pay
beaver, but professed he could not gett beaver.
The court ordered that Richard Beech should pay the debt
in some other pay soe as it may equall beaver, to the said
Palmers satisfaction (wth damadges for forbearance,) before
the next court, or elce an execution shall goe forth agaynst
him.
Arthur Holbridg hath sould to Mr. Malbon all his land in
the necke conteyninge two acres and thirty two rodds.
Jeames Russell desired satisfaction of John Walker for
damadge done in his corme by his hoggs.
John Walker pleaded that the fences were defective, wherevppon he was advised to warne those whose fences were defectiue.
Anthony Stevens for comming too late to watch, and wthout
bullets was fined 2s.
Joseph Brewster and Joseph Cox were accused for drinkeing
to excesse; Joseph Brewster conlfest that they had drunck
sacke in his fathers cellar out of the bung wth a tobacco pipe,
& in the chamber out of a bottle, and that they went after that




1645]         NEW HAVEN COLONY IECORDS.             171
to the ordynary, and there drank a quart of beare. Sister
Linge testified that she saw them as they came from the ordynary & Joseph Brewster did lead Joseph Cox by the arme, &
she speakeing to them asked whether Joseph Cox were drunk,
wherevppon Joseph Brewster let him goe and then she saw
him stagger & reele, & as she conceived, being not able to goe
nor stand as a man, he sit him downe vppon a blocke or logge
by the pales, but could not sit as one sober, wherevppon she
agayne said he was drunke, because he could not goe nor
stand, and then Joseph Brewster called him to come to him
wch he did, but yet in a reeling mainer. Mrs. Evance and
her mayd testified that when they first saw Joseph Cox after
this they could perceive nothinge that hee ayled.
The Court being fully satisfied in the evidence given by sister Linge, and the Governour testifing that vppon examination be had taken, they tould aboundance of lyes, espetially
Joseph Brewster, the premises considered, the Court conceyved
they deserved to be sevearly whipped, but referred it to Mr.
Evance & Mr. Brewster to give them correction in their famylyes.
AT A GENNERALL COURT HELD ATT NEWHAUEN THE 22th OF
OCTO: 1645.
John Cooper & Joseph Nash were admited members of the
C ourt.
Captayne Malbon & Captayne Turner were chosen deputies
for the gennerall court for the jurisdiction.
Mr. Malbon, Mr. Evance, Mr. Gibbard, Mr. Francis Newman were chosen deputies for the towne.
Mr. Atwatter chosen treasurer.
Mr. Goodyeare, Mr. Evance, Mr. Gibbard, Mr. Wackman,
Mr. Francis Newman, & Mr. Atwatter were chosen to audit
the accompts of the former treasurers.
Thomas Fugill chosen secretarie. ThomI Kimberly chosen
mrshall.
The surveyours of the causwayes & bridges wth their consent are to be continued another yeare.




172           NEW HAVEN COLONY RECORDS.           1645]
[106]  JlMr. Lamberton propownded that he might have a
peece of grownd neare his howse to sett a warehowse by the
creeke and for a wharfe also, & he will give the towne soe
much as it is worth, or if the towne be not willinge to sell it,
if he may have it for the present, when there shalbe cause he
will part wth it vppon such tearmes as shalbe thought by indifferent men.
Jaspar Crayne & Robert Seely are desired to joyne wth the
Court to view the said grownd, & (if they see cause) to dispose of it to AMr. Lamberton, vppon such tearmes as shalbe
thought meet by them for the publique good.
The Governour complayned that he could not gett workmen to mend the mill, wherevppon it was ordred that the
governour shall have power to presse men for that worke; & if
any man be preingadged they shall goe onn wth their ingadgments after the presse is satisfied or the work done for wch
they are pressed.
It was debated what order the miller should observe in
grinding mens corne, but left to the millers discretion & the
rule of equitye.
The Governour wished the towne to take notice that if any
send baggs vnmarked, the miller will take noe chardge of
them.
Goodman Smith desired the court to take some order that
his land may be layd out. The Governour wished the Court
to consider whether they would confirme their former grant
to the said Smith or revoake or alter it, but it was respited to
further consideration, because for the present he hath put of
his sheepe.
It was ordered that Goodman Deighton should burne the
playnes wth all convenient speede, takeing the fittest season,
and therfore every one should take warninge & secure their
fences or what elce may be in danger.
It was propownded to the court in case damadge be done in
come who shall beare the damadge, it was resolved they
whose fences are defective, if the defective fences bee fownd.
The Governour called vppon those who were defective
though appoynted to veiw the Beaver Meddowes, & bro. Seely




1645]          NEW HAVEN COLONY RECORDS.                173
to know what was done in it, but their answere was they had
done notheing in it.
The marshall was desired to see the hooks and hinges of the
towne gates least they be lost.
AT A GENNERALL COURT HELD THE 8Otlh OF OCTOB: 1645.
Mr. Lamberton was chosen deputy in Mr. Malbons stead for
the jurisdiction court, and Mr. Crayne deputy for this towne.
[A General Court for the Jurisdiction was also held on the 30th of October, 1645,
at which the magistrates and commissioners were chosen for the year ensuing, as
appears from the date of the commissions of the latter in the Records of the United
Colonies.]
A COURT HELD THE 4th OF NOVEMBER 1645.
Bamfeild Bell being reproned by Wm Paine for singinge
profane songs, answered & said, you are one of the holy bretheren that will lye for advantadge.  It was testified by the said
Wm Payne & Joseph Brewster.  Mr. Evance testified that it
was his constant frame to reproach those that walke in the
wayes of God. The premisses considered the centence of the
court was that he should be seveerly whipped.
Mrs. Brewster intreated the Court that the execution of the
sentence may be respited till her husband come home, because
he is her husbands kinsman.
John Beech & Ambrosse Sutton being sent forth by the mr
of the watch to walke the rownd went into a howse & layed
them downe to sleepe, & soe neglected their trust, for wel
they were fined 5s apeece.
Mr. Leech beinge complayned of for not bringing his armes
on the Lords days, his answere was that his man brings his
armes for him, wch was satisfyinge.
Thomas Clarke for totall neglect of his watch was filled 5s.
MIr. Evance hath sould vnto MIr. Robert Newman & to Mr.
Gilbert 67 ac: of vpland, lying betweene Captayne Turners
farme and and the said Mr. Newmans farme.




174           NEW HAVEN COLONY RECORDS.           [1645
[107]  AT A COURT HELD THE 3d OF DECEMBER 1645.
Thomas Robinson was chardged for remoueing some land
marks in Mr. Hooks & setting new stacks in Wm Fowlers
meddowe haveing hired in the meddow adjoyninge some grasse
for this yeare.
He pleaded that he vsed the best meanes he could to find
the range. Richard Miles testified that he gave such exact
directions that he could not misse the bowndes of Mr. Hooks
meddowe, if he observed the range of Mr. Gregsons fence on
both sides of the meddowes.
Thomas Barnes also testified that Thomas Robinson did
remove a stacke though he advised not to doe it. Wm White
testified that when he went to mowe in Mr. Bracyes meddow
there was new staks sett, and that bro: Iues tould him if lee
did mow by those staks he should cutt crosse brother Fowlers
meddow. George Smith testified that after Thomas Robinson
had bin sicke, haveing some meddow to cutt, he said if he had
bin well he would have made them goe nearer together, meaning he would have cutt more then was left him or was dew as
was concejued, for wch vnrighteousnes in disturbing the publicque peace, he was finlled 40s to the publicque & ordered to
set the staks right at his chardge.
Captayne Turner informed the court that Mrs. Stolion hath
complayned to sundry persons that he made a bargaine wth
her for cloth for wch shee accepted cowes, but was disapoynted
to her great daniadge, & therfore he desired she might shew
what cause he had given her soe to doe.
Mrs. Stolion pleaded that the captayne came to her howse
to buy some cloth, chose a peece of 20s a yard, and said he
would have sixe yards of it, and Mrs. Stolion should have a
cow, and both aggreed to have her prized by some indifferent
men; the captayne said alsoe that he had neede of more cloth
& commodityes to the vallew of 121 & told her she should
have 2 cowes, and she said when her son came home he should
come & chuse them; accordingly when her son came home he
went to the captayne, chose 2 cowes, and.when he came home
he tould her the captayne would come the next day & speake




1645]         NEW HAVEN COLONY RECORDS.             175
wth her, but came not according to his prmise, and though she
sent to him yet he came not.
The captayne said he did really intend to have had some
cloth and that she should have a cowe, and when Mr. Stolion
came to chuse one of the best cowes he had, and Mr. Stollion
told him he might as well let his mother have 2 cowes, for she
had neede of cowes and the captayne had need of cloth and
commodities, wherevppon the captayne let him chuse another
cow & set him a prise, namely 121. Mr. Stolion said he would
give but 101, the captayne told him he would abate 10s.
Mr. Stolion said he would give noe more but 101, they parted
and the captayne promised he would come and speake wth his
mother, but because he could not well goe to Mrs. Stolion, &
haveing heard of the dearnes of her commodities, the excessive gaynes she tooke, was discouradged from proceedinge, &
accordingly bid his man tel her he would have none of her
cloth, and nameing sundry perticuler instances of commodities sold by her at an excessive rate, left it to the consideracon
of the court whether she had not done him wronge in complayning of him, and if she might not be dealt wth as an
oppressor of the commonweale.
The court conceyved the captayne was to blame that he
did not goe to her according to his promisse, espetially that
after he heard she was vnsatisfied he did not attend her satisfaction, but wthall that the captayne might justly offer it to the
consideration of the court whether such selleinge be not extortion and not to be sufferred in the commonweath.
[108] 11 1 The captayne complayned that she sold some cloth
to Wm Bradly at 20s e yard that cost her about 12s, for wch
she received wheate at 3s 6d P bushell, and sold it presently
to the baker at 5~s P bushell who received it of Wm Bradly,
only she forbaring her monny 6 monthes.
2 That the cloth wch Leiut Seely bought of her for 20s e
yard last yeare, she hath sould this yeare for 7 bushells of
wheate a yard, to be delivered in her chamber, wch she
confest.
3 That she would not take womnpoa for commodityes at 6




176           NEW HAVEN COLONY RECORDS.          [1645
a penny though it were the same she had paid to others at 6,
but she would have 7 a penny, as Thomas Robinson testified.
4 That she sold primmers at 9d apeece wch cost but 4d here
in New England. Thomas Robinson testified that his wife
gave her 8d in wompom at 7 a penny, though she had but
newly received the same wompom of Mrs. Stolion at 6.
5 That she would not take beaver wch was mrchantable
wth others at 8s a pownd, but she said she would have it at 7's
and well dryed in the sun or in an oven. Leiut. Seely, the
mrshall & Isaacke Mould testified it. John Dellingham  by
that meanes lost 5s in a skinne (that cost him 20s of Mr.
Evance and sold to her,) vizd 2s 6d in the waight and 2s 6d
in the price.
6 She sold a peece of cloth to the 2 Mecars at 23s 4d p
yard in wompom, the cloth cost her about 12s e yard & sold
when wompom was in great request.
7 That she sold a yard of the same cloth to a man of Connecticott at 22s p yard, to be delivered in Indian corne at 2S p
bushell at home.
8 She sold English mohejre at 6s v yard in silver, wch Mr.
Goodyeare and Mr. Atwater affirmed might be bought in England for 3s 2' e yard at the vtmost.
9 She sold thridd after the rate of 12s e pownd wch cost
not above 2s 2d in old England.
10 That she sold needles at one a penny wch might be
bought in old England at 12d or 18d v hundred, as Mr. Francis Newman affirmeth.
The Court seriously weighing all the perticulers chardged
agaynst Mrs. Stolion, conceived that the nature and aggravations of the aforesaid chardges was proper for a court of magistrates to consider off, and therfore respited and refferred it to
the Court of magistrates to be held at Newhaven the last Munday in March next.
Stephen Medcalfe complayned that he going into the howse
of John Linley, Francis Linley, his brother, being in the howse
told him he would sell him a gunne, the said Stephen asked
him if it were a good one, he answered yea, as any was in the
towne, wherevppon they bargajued, and Stephen was to give




1645]         NEW HAVEN COLONY RECORDS.              177
him 17s. As Stephen was going out of dores lie questioned
the sufficiency of of the locke, Francis told him indeed John
Nash told him she was not worth 3d  but for his part he did
not vallew it worse for that, for smithes doe not affect olde
gunnes, for he knew one gunne weh John Nash disprajsed woh
is a good one for all that, soe Stephen went home & afterward
dischardging the said gunne the brich flew out & struck into
his eye and wounded him  deepe and dangerously into the
head.
Francis Linley pleaded that he told Stephen that John
Nash told him that the gunne was naught, that it was not
worth 3d, that the barrell was thinne and would not beare a
new britch, and advized Stephen to scoure her well and if he
tryed her to put but a little chardge in her.
Mr. Gregson and John Nash testified that when he was
examjned before Mr. Gregson, Francis Linley denyed he had
told Stephen that the barrell was thinne and would not beare
a new britch, that it was crackt on one side from the britch to
the touch-hole.
[109] 1I John Nash testified that lie tould Francis it was a
very naughty peece, not worth the mendinge, & yet he prest
him to mend it as well as lie could & let it be as it will, he
told him moreover that the barrell at the britch was as thinl as
a shilling, crackt from the britch to the touch-hole, and would
not beare a britch, a1d after he had mended it, he tould him
he would not give 3d for it, and to his best remembrance, lihe
saithi, he tould him lie would not dischardge it for all Newhaven, for it would doe some mischeife.
Richard M3yles also testified that he heard John Nash speake
much of her badnes & vulserviceablenes to Francis Liilley.
John Linley being demmanded why he was taken wth such
a quakeinge and trembling when Stephen was going to shoote,
he said he did not quack lnor tremble.
Thomas Clarke testified vppon oath, that John Linley tould
him when he heard Stephen dischardge the gulnne that he was
affraid he had hurt hiinselfe.
Goodwife Fancy testified, that John Linley came oft times
to speake wth Stephen, when lie thoaught lie lay vppon. his
23




178           NEW HAVEN COLONY RECORDS.           [1645
death bedd, to know if he would cleare his brother, for he
said he feared he had hard thoughts of his brother concerning
the gun.  Mr. Pell confirmed her testimonny.  Richard
Beech affirmed that Francis offered him that gun to sell &
demanded 20s, telling him to his best relnmembrance that it
had a new britch.
The court considering the premises, the great damadge
Stephen Medcalfe had susteyned in the losse of his eye, wth
the losse of his time & the great chardge of the cure, Mr.
Pell affirming it was worth 101, ordered Francis Linley to pay
to Stephen Medcalfe 201 damadges.
Brother Thomas Nash for his sons absence at a genll trayning pleaded his necessity of buisines in fetching home his hay
by watter & that he could gett noe other helpe at that time,
but the court judged his plea common to others & ordered
him to pay his fine.
Mr. John Evance pleaded tha, t wheras he had hired John
Basset & his wife to be servants to Mr. Goodyeare in New England, Vppon condition that if Mr. Goodyeare did not accept of
him he should be at liberty, only pay to the said Mr. Evance
the monnyes wch he hath disboursed for him & his wife both
for their transportation & other occasions, Mr. Goodyeare did
not accept of their service, & yet the said Basset refuseth to
pay him the said monnyes.
John Bassett pleaded that their was noe such covenant.
Mr. Evance produced a noat vnder his owne hand wch implyed
such a covenant, Basset acknowledged his marke but said he
never heard the note read though he set his hand to it, yet he
said if Mr. Evance would take his oath of it he would submit.
AMr. Evance answered he made sufficient proofe of it by 2 witnesses, and one of them vppon oath, (& delivered an affedavit
into the court,) of John Ogden, taken before Mr. Eaton Governor, in which John Ogden relateing the aggreement betwixt
Mr. Evance & the said Basset sweres expresly, that if Mr.
Goodyeare doth not accept of him and his wife they were to
pay Mr. Evance what he had layd out for them, & so be free
to dispose of themselves, yet was willing if the court pleased,
to make oath of it, but the court tould John Basset that Mr.




1645]         NEW HAVEN COLONY RECORDS.            179
Evance needed not to doe it haveing proved by 2 witnesses,
and one of them vppon oath; at last the said Basset said he
would reffer it to the Court, let them doe as they pleased.
[110]  IIlt was aggreed but vppon further discourse betweene
the parties themselves that John Bassett should pay vnto Mr.
Evance 111 7s wch is the debt demanded & sume disbursed,
(Mr. Evance being willing to take notheing for consideration,)
wch sume the said Basset promised to pay at 2 certayne dayes
vizt, the one halfe at midsommer next ensewing, and the
other halfe wthin 6 monthes after that.
Brother Wackman & bro: Miles reported to the court that
they had (as the court desired them) viewed the clay pits
way and the fences adjoyninge, in refference to the difference
betwixt Mr. Malbon & Mr. Caffinch, and fownd that the way
to the clay pitts was to lye open, but the quarter that lay on
the one side could not accomplish their part of the fence,
and therfore haveing planted, were forced for safeguard of
their come to make a fence crosse the said way wth rayles, wch
way the other quarter driveing their cattle, & somrtimes leaveinge oppen the rayles & somtime breakeing them, much damadge hath bin done by cattle and hoggs, whereuppon the court
determined that the quarter that should have fenced & did
not, must beare the damadge, and those that have trespassed
in breakeing & leaveing open gates or rayles shall contribute,
and desired the aforesaid committee to take some more paynes
for the setling of it.
Brother Crayne desired the judgment of the court concerning damadge done in his come by Mr. Caffinch's hogs wch he
fownd in the come and brought home to his howse requiring
satisfaction of him & he refussed to give him any. The court
ordered that Mr. Caffinch pay the damadge till he pay the defective fences.
Jarvis Boykin complayned that sundry fences about their
quarter are defective, and he hath told the owners of some of
them, & some they know not to whome they doe belonge.
The court advissed they should get the fences measured and
cast vp euery malls proportion, and then they may know
whose it is, that it may be mended to prevent future damadge;




180          NEW HAVEN COLONY RECORDS.            [1645
anld to put an end to the wrangles about the fences belonging
to the vacant lotts, it was ordered, that brother Andrewes
and brother Hunson shall veiw them all, and allow those that
made them soe much as they were worth when they were sett
upp, and the quarters to gett the said fences well & substantially made as speedily as may bee, and in the meane time
they shalbeare all damadges themselues wch come by the badnes of the said fences.
Hannah Marsh complayned that Mr. Brewster called Billingsgate slutt, and that she was sent for on shipboard to play
the slutt.
Jir. Brewster confest he being much provoaked and disquieted by her frowardnes and brawling on shipboard, did call her
slut & Billingsgate slutt, and said he hoped she would dance
about the whipping post, and affirmed that Mrs. Norton at
Cllharlstowne told him that a seaman was speakeing filthy
words to her the said Hannah, and would have had her goe
on shipboard, being asked what to doe, he said to play the
slutt, George Walker testified he heard Mrs. Norton speake
what Mr. Brewster hath affirmed.
Mr. Brewsters mayd and MIr. Lambertons maid testified that
the said Hannah Marsh was very froward and contentious & a
cause of' much contention and vnquietnes amongst them as
they came from the Bay.
When the governour had showne what was the ordynary
acceptation of Billingsgate slutt, namely that some that were
soe called were convicted scolds and punished at the cuckeing
stoole for it, & some of them chardged wth incontinency,
[11l1]  M1 Mr. Brewster said he had sufficiently proued the
one true, & he would not acquit her in the other, being asked
what grownd he had to lay such an implicit chardge vppon
her, he said he had notheing at all agaynst her but what he
gathered from Mrs. Nortons words. The court told he ought
to acknowledge his fayleing & soe repaire her reputation as
much as he may. At length he did acknowledge he was too
blame & said he was sorry he had spoke soe rashly, and that
he intended noe such chardge agaynst her. The court also
according to the evidence reproued Hannah Marsh for her fro



1645]         NEW HAVEN COLONY RECORDS.               181
ward disposition, remenlbring her that meeknes is a chojse
ornament for weomen, and wished her to take it as a rebucke
from God, and to keepe a better watch over her sperit hereafter, least the Lord proceede to manifest his displeasure further agaynst her.
Hannah Marsh did acknowledge it had bin some trouble to
her that she had bin soe froward and contentious to the disquieting of others, & hoped it should be a warninge to her for
time to come.
A GENNERALL COURT HELD THE 8t11 OF DECEMBER, 1645.
Brothller Fowler & Thomas Knowles vppon some vrgent occasions were dismissed wth the leave of the court.
Mr. Malbon late treasurer, vppon the casting vp of his accompts acquaynted the court that the towne was much indebted -to himselfe & others & propownded that some course
might be taken by the court for the payment of the said debts.
The court considered how heavy the publique chardges grew,
that most of them have bin expended for the publique safty
and about things of common public vse, wherin all that live
in the plantation have a like benifit in their proportions, and
yet many live in the plantation & have manny priveledges in
it have hitherto borne noe part of those publicque chardges,
wherevppon it was debated whether or noe in equity such
should not be rated some way or other for time to come, so as
those that have borne the whole burden hitherto may be
eased; but because it was not ripe for an issue, the court
refferred it to the Governor, magistrates, deputies wth elder
Newman, the 2 deacons, Mr. Cheevers, bro: TMiles, bro: Clarke,
bro: Anthony Thompson & bro: Munson as a committee, to
consider & digest the said case and report to the court rates
they conceive such persons ought to pay towards the former &
future publique chardges.
And forasmuch as the publique occasions require that a
rate should be levied forthwth, it was ordered that all the
rates alreddy due and the rates due in Aprill next shalbe paid
into the treasurer at his owne howse wthin one month after




182           NEW HAVEN COLONY RECORDS.           [1645
the date hereof, in monny, beaver, wampom or come, in good
wheate at 4s v bushell, in rye & pease at 3s 4d e bushell, and
if any pay in Indian come at 2s 8d e bushell wthout assignements.
Whereas by an order formerly made for the incouradgment
of those that kill woolues & foxes 15s was allowed for a
woolfe, & 2s 6d for every fox they killed, the court considering
that none make it their buisines to attend it, thought that
allowance to much, and ordered that the treasurer shall pay 2
pownd of powder & 4 pownds of shott or bullets for euery
woolfe, and Is for euery old foxe & sixe pence for every
yonge one, to those that shall kill them.
The court declared their apprehensions that the 2s to be
paid to the secretarye for alyenations should be accompted as
part of his 101 salery, but reffered it to the afforesaid commitee
to consider what is meet to be allowed to the secretary and
marshall themselues' out of the said alyenations, and of the
warrants.
[112]  11 It was ordered that every one that comes to enter an1
action or an allienation in tile court pay to the secrettary (before any such entry) the fees ordred by the court, and that
euery one that shall bring a warrant or attatchnmt to the marshall shall pay to him the fees due for the same before he execute the same.
The Governour propownded to the court whether they
would confirme their former grant to Goodman Smith in
refference to his sheepe, or such part of it as might bee collveynient for him & his famyly, wch occasioned a lardg debate, and sundry questions were put to Goodman Smith, both
about the quantitye of grownd he desired and keepeing sheep
for the townes benifit.
Goodman Smith declared that he would not be content wth
5 acres of meddow, nor would he be tyed to keep any sheepe
but his owne, at wch the court was offended, because his
promise to keepe other mens sheepe was the grownd of their
former grant. In conclusion, the former conditional grant
being voted, was by this Court revoaked.
Mr. Gibbard desired to know where their quarter may have




1645]         NEW HAVEN COLONY RECORDS.             183
their 2d devission. It was, they must let the survay goe on for
all the quarters, & that then the Court would consider where
they, and others that want grownd, may be accomodated.
It was ordered that womnpom shall goe for currant pay in
this plantation in any payment vnder 20s, if halfe be blacke
& halfe be white, & in case any question shall arise about the
badnes of any wompom, Mr. Goodyeare shall judge, if they repaire to him.
It was ordered the miller shall grinde all the grists that is
brought to the mill by course as it comes in order."
Brother Potter made an offer to carry every mans grist from
their howses to the mill & bring it home againe to their
howses for 2d e bushell, but that was respited.
It was propownded by Mr. Malbon that our pastors lott may
be fenced at a common chardge, & for his part he would cart
all the stuffe; it was gennerally approued, the governour desired all those that could and were willing to helpe, that they
would repaire to Mr. Malbon & he would direct and order the
worke.
It was ordred that Mr. Pearce in respect of some weaknes
of boddy & some service he is appoynted to doe in giveing
out and laying vpp the pyks from time to time, shal be freed
from trayning & watching also in his owne person, only he is
to find a man to watch for him at his owne chardge.
The coffitee that viewed brother Seelys meddow reported
that for the present some of it is vnvsefull, but conceive wth
chardg it may bee improved.
It was ordered that Phillip Leake shall have land layd out
according to his proportion, on the east side among the small
lotts and that then the land shalbe layd out in such a forme as
may be vsefull for them and may also suite the townes conveyniencye.
Brother Browne desired he might have 3 acres of land out
of Mr. Brownings proportion in the Oystershell feild, Mr.
Browning beinge willing, it was reffered to the commitee to
order as they shall se cause.
It was ordered that bro: Preston shall keepe the pownd instead of bro: Kimberly.




184           NEW HAVEN COLONY RECORDS.          [1645
Because the court could not now determine ally thing concerning fences, & Capt Turner may probably be gone before
another court, he desired the court to take notice that he hath
had much damadge done both in his come & meddowes by
reason of those that drive hoggs that way & have noe land
there & the leaveing open a gate wch Dauid Atwater should
mayntayne, he complayned also that some drive their oxen &
dry catle towards his farme soe that his cowes want food.
[113]    A [                                ]
Richard Beech hath sould his owne howse to bro: W"Vl
Pecke & whereas the said howse was sugadged for the seculritve
of the portions of the children of Andrew Hull, (whose widdow
he marryed,) in liew thereof he hath now ingadged his howse,
barne,-cellar & well, vallewed at 401 wth the 7 acres of land
on wch it stands, the howse, barne & celler being compleatly
finished being built wth bricke & stonne as he promiseth & so
kept in repaire & the land in hart for securitye of the portions
of the said children.
The difference betwixt Wm Burret of Copeage & Henry
Whelpley of the same, (because they were deffective in poynt
of proofe on both parts,) was refferred by consent of both partyes to Goodmn Groues, John Hurd, Goodman Judson and
Goodmn Shirman to arbitrate & end if they can, if they cannot Alexander Knowles was chosen by them both to umpire it.
Georg Warde haveing bin twice warned to the court but
appeared not, now appearing, for his contempt was fined 10s,
and was chardged wth slandering Mr. Davenport, saying that
Mr. Davenport told him that he had not any hand in the trade
of Delaware, wheras Mr. Davenport said he did not medle wth
the mannadging of any trade, as was testified by some of the
court that heard him.
He pleaded that he apprehended Mir. Dauenport had denyed
that he had any thing to doe in the trade, being asked why he
would not goe to Mr. Davenport or some other that could
satisfie him before he did slander.him in other plantations, he
answered he did not intend to slander him. Theo slander being




1645]         NEW HAVEN COLONY RECORDS.               185
of soe high a nature considering the person slandered that the
court thought it meete to reffer it to the court of magistrats
to be held in Aprill next & therfore let him know that he
must appeare at that court and answere the said slander.
Mr. Rotherford to Mr. Malbon all his land in the necke.
Mrs. Eaton hath sould to Mr. Pery all her land & propriety
in this towne wth all accomodations whatsoever therevnto belonginge.
Wheras the estate of Thomas Trowbridge hath bin attatched
to satisfie his creditors, Mr. Evance offered 1001 for the howse
and howselott wth al the accomodations therevnto belonginge,
it was debated but not issued.
A GENERALL COURT HELD THE 23d OF FEBRUARY, 1645.
The governour declared to the court that the commitee had
now audited all the towes accompts, (from the begining til
October last,) and find them right, only they are not satisfied
about the chardge of the seates in the meeting howse, soe that
if that worke bee not cleared to the auditors some other workmen must judge what the worke is worth, and that the towne
is yet indebted soe that probably there wilbe neede of a new
rate, but that's respited.
Alsoe that the orders have bin veiwed & they conceive that
the fees of the court had neede to be increased, vizd, that the
marshall receive for every warrant 8d, and for every atatchmt
Is before he execute them, and to have ~- part thereof for his
paynes therin & for gathering the fines due to the court, and
the rest to be accompted vppon his wages to the treasurer, also
that 3s 4d be hereafter payd for every action that is entred,
and 2s for every alienation, both to the treasurer for the ease
of publicque chardge.
It was ordered that those who are admitted freely as planters
into howselotts shall have planting land sixe acres for a single
person, eight acres for a man and his wife & one acre added
for each child at present, & shall pay 2d an acre from October
last for all their lands in the playnes & beyond the east river,
and that such as are admited planters in the towne, but either
24




186           NEW HAVEN COLONY RECORDS.           [1645
desire noe land, or accept not what is allotted shall pay 1s a
yeare a peece towards publicque chardges. The land which
shalbe layd out to them to be either at the firther end of the
great playnes, soe farr as the land wthin the fence wil reach, &
the rest onn the east side, so as may be most conveynient for
them & not prejudiciall to [the    A    & they,]
[114]~
[                     ]e towne and enjoy [
] Mr. Godfrey, and Stolion, it was
ordered that Mr. Leach shall pay 40s P ann, Mr. Godfrey 20J
P an, and Mrs. Stolion 20s e an, from the latter end of October last past towards publique chardges.
It was propownded to be considered whether those that have
bought howses & have noe land should not have some land
layd to them as the rest of the small lotts have, but it was
respited.
It was desired that men would be moderate in keepeing
cowes & hoggs least the court be constrayned to lay some
restraynt vppon them.
It was ordered that if any man (after this day month) shall
find any hoggs vnyoaked & vnringed, either in any come feilds
or meddowes belonging to the towne and designed for mens
proprietyes though not layd out, he shall vppon due proofe in
court receive of the owner 61 a peece, & the keeper of the
pownd is to have Id a head more if they be brought to the
pownd, & the owner is besides to make good all the damadge
done by them.
It was ordered that the old orders shall stand in force concerninge fences, and the veiwers be continued as before.
It was ordered that brother Wackrman and brother Gibbard
shall goe wth brother Brocket to se the lott belonging to
Thomas Fugill at the West rocks measured & surveyed &
report to the court what distance it is from the center & what
quantitye of land there is.
It was ordered that bro. Atwater, the treasurer, bro: Andrewes & brother Munson shall prize the frame that was provided for an inne, (& wth the approbation of the governr,) sell
- About two lines are torn from the top of this page.




1645]         NEW HAVEN COLONY RECORDS.               187
it or dispose of it as they can for the townes best advantadge
to bro: Francis Newman or others wch may have occasion to
vse the whole or part of it.
It was ordered that if any goats shalbe fownd in any street,
way or lott, in or about the towne wthout a keeper, the owner
shall pay 5d a head to him that pownds them, halfe whereof
he is to have for his paynes & a id a head to the keeper of the
pownd; if he himselfe pownd them he is to have 4d apeece, the
other 3d a peece is to bee paid to the treasurer.
It was by the Governor propownded alsoe, whether the deputies may be chosen once a yeare as the magistrates and other
officers are, and that the treasurer may allwayes be a deputy
to sit in court to see to the gathering of fines and fees, wch was
respited.
Also whether the millitary affayres of the towne may be
comfortably carryed on wthout a captayne, or whether it were
not conveynient to chuse a captayne instead of Captayne
Turner, not knowing when he will returne; after some debate,
Mr. Malbon was chosen captayne wth liberty to resign his
place to captayne Turner at his returne.
It was ordered that dayes of gennerall traynings shalbe the
first 2d day in March, Aprill, May, June, August, September,
October & November, wth proviso if there be cause in respect
of harvest or vnseasonable weather the magistrates wth the
cheife military officers may alter or change a day as they judge
meete for the publicque good, and if any second day appoynted
for trayliings prove wett & soe hinder the service, the next
second day being faire shalbe a trayning day.
It was ordered that the squadron traynings shalbe as neare
as may be about the midle betwixt the 2 genmrerall traynings
every month.
It was ordered that the next 2d day shalbe a gennerall view
of armes, and soe once a quarter as was formerly ordered.
It was ordered that the artillery shall goe on according to
their owne orders formerly read in court & approued.
It was propownded that all the fines for absence & late coinminge to the genn" traynings and squadrons &c shalbe allowed
the military company to bee disposed of by the officers in pow



188           NEW HAVEN COLONY RECORDS.            [1645
der or otherwise for the incouradgement & helpe of military
service & discipline.
It was )ropownded that those of the trayned band who are
growne to some good measure of skill and dexterity in the
military art might have some incouradgement by ease or liberty, but respited.
It was ordered that brother Browne shalbe left to his liberty
to come to the gennerall traynings as the occassions of the ferry
(his man being lame & not able to carry on that service at all
times) will permit.
[115] fl It was ordered that 3 acres of land in the Oystershell
feild, out of Mr. Brownings part shalbe layd to the ferry wthout
rent dureing the courts pleasure & that Mr. Browning shall
have just consideracon allowed for it out of his rent dew to the
towne for the rest.
It was propownded that a bridge may be made over the east
river in the way to Connecticott.
Bro: Andrewes, brother Munson, brother Bradley, Richard
Mansfeild wth John Thomas are appoynted to view the said
river & consider in what place & how wth the least chardge
it may be most conveynient & comimodious to suite the end
propownded & report to the governour & magistrates what
their apprehensions are concerninge it
Forasmuch as much damadge hath come to the quarters
adjoyninge to the Oystershelfeild by some mens lots being
vnfenced, as namely Wm Payne & Wm Blayden, the courts
called vppon them to gett their lotts fenced & gave them leaue
to take some of the trees on the common wch the tannrs have
felled for barke, but in the meane time they are to pay for all
damadge wch oaomes by their default.
It was propownded whether the towne or those that live by
the seaside shall mayntayne the high-way before their lotts.
The surveyors of high-wayes were desired to view it & also
the wattercourse in the streat by AMr. Gilberts, & report to the
court how they find them.
It was ordered that brother Brockett shall survey the meddow betwixt the two rocks onn the farr side of the harbour to




[1645         NEW HAVEN COLONY RECORDS.             189
see if it will accomodate brother Seely & brother Whitnell, both
whose meddow is soe bad as not to be improved wth any tollerable chardg for their advantadge, and report what quantity
there is of it that the court may consider & order therein.
Joseph Pecke & Goodman Hitchcocke propownded that they
might have each of them a small lott by the creeke neare
brother Pecks yard. Bro: Crayne & bro: Myles are desired
to view and report to the court if it may accomodate them &
suite the townes conveyniency.
Mr. Evance haveing aggreed wth refference to the creditors
for Mr. Trowbridg his howse, desired the court to grant him
the cellar belonginge to it to build a warehowse vppo it, it was
granted, provided that the ware howse exceede not 20 foot
square.
It was propownded that Mr. Davenports may be fenced as
speedily as may be, & for that end it was desired the next
trayning day every quarter may be spoken wth to know what
euery man will doe, and that they would appoynt a time for
the speedy carrying on of the worke.
The court wth elder Newman & the two deacons are desired
to place men in the m6eting howse.
It was ordered that the last yeares orders concerning the
Necke shall still stand in force vnder the penaltie as then
appoynted.
Brother Livermore hath liberty granted to cut wood in the
necke, but was desired to advise wth such as can informe him
how he may so cut it as to cause it to dye.
The treasurer acquaynted the court that the last rates are
disposed of, & yet the treasury is emptie and indebted, desireing the court to consider how it might bee supplyed to suite
the present occassions of the towne, wherevppon those that are
indebted were desired to make payment forthwith, least they
be warned to the court & soe bring further dammadge vppon
themselues.
The peece of grownd brother Mitchell propownded for, is
refferred to bro: Miles and brother Davis to view, and informe
the court whether such an addition to him may not hinder
some other planter who might have his proportion there.




190         NEW HAVEN COLONY RECORDS.             [1645
Goodman Plat desired that his second devission may be layd
out & if it might be he would have it beyond Mr. MAalbons
meddow by the sea side, it was ordered that the survay may
goe on that he wth others may have their land as it fals.




NEW HAVEN COLONY RECORDS.                 191
[Here follows the revision of such orders as were designed to be of a more permanent nature, which the General Court, Feb. 24,1644-5, beginning to lose confidence m
Fugill's integrity. appointed a committee to see effected.]
[116] In the layinge of the first fowndations of this plantation and jurisdiction, vpon a full debate wth due & serious
consideration, it was aggreed, concluded & setled as a fundamentall law, not to bee disputed or questioned hereafter, that
the judiciall lawes of God, as they were delivered by Moses,
& expownded in other parts of scripture, so farr as they are a
fence to the morrall law, & neither tipicall, nor ceremoniall,
nor had refference to Canaan shalbe accounted of morrall &
binding equity and force, and as God shall helpe shalbe a constant direction for all proceedings here, & a gennerall rule in
all courts of Justice how to judge betwixt partie and partie,
& how to punish offenders, till the same may be branched out
into perticulers hereafter.
And for the due carrying on of all affaires according to
God, it is also agreed, concluded & setled for a fundamentall
law as aforesaid, that hoe man of what degree or quality soever
shall at any time be admitted to be a free burgess wthin this
plantation, but such planters as are members of some or other
of the aproved churches of New-England, nor shall any but
such free burgesses have any vote in any election, nor shall
any power or trust in & for the ordering of any publicque civill
affaires, be at any time put into the hands of any other then
such members, though as free planters all have right to their
inheritances & to comierce, according to such grants, orders &
lawes as shalbe made concerning the same.
All free burgesses wthin this plantation, admitted as before is
expressed shall have vote in every gennerall election court for
this jurisdiction, in the choyce of all magistrates for the jurisdiction, whether governour, deputy governour or other magistrates, wth a treasurer, secretarie & marshall, who shalbe
yearly chosen on the last Wenseday in October; they shall
also have vote in the chojse of deputies for the jurisdiction
generall court so oft as it shall assemble, whether in an ordynary course or vppon extraordynary occassions, & in the election of other officers, for the plantation, as in the choise of fit
and able men from among themselues, being church members,
who shalbe called deputies, & shall asist wth the magistrates
of this plantation in a monthly plantation court, wch is to sit
every first Tewsday each month at nine of the clocke in the




192            NEW HAVEN COLONY RECORDS.
forenoone, to heare & determine all causes brought before
them, whether civill or criminall, according to tile light of
scripture as before exprest, but this plantation court to bee
regulated in the vallew of causes & nature of the punishmts
to the orders wch are or shall be made by the generall jurisdiction court, & in all these plantation courts, sentence shall
passe according to the vote of the major part of magistrats &
deputies present, but if the parties or either of them be not
satisfied wth the justice of any such sentences or executions,
appeales or complaynts may be made from or agajnst these
monthly perticuler courts to the court of magistrates for the
jurisdiction, according to the generall courts order in October
1643. They shall also from among themselves choose all millitary officers for this plantation, as captayne, leiutenant,
ensigne, serjeants, corporalls &c. and make lawes & orders for
generall traynings, artillery exercises, squadron  traynings,
veiw of armes, watchings, conmming armed to publicque meeteings, deviding of inheritances in this plantation, purchaseing
lands of the Indians, ordering of fences, stinteing of codions,
ordering and keepeiIg of cattle, preventinge dangers by fire or
water, & gennerally in althings wch only concerns this plantation, & are not contrary vnto either to the fowndation beforesaid, or to some artickles in the confcederation wth the collonjes, or law or orders of the jurisdiction generall court.
It is ordered that every planter give in the names or number
of the heads or persons in his famylye (wherin his wife together
wth himselfe & children only are to be reckoned,) wth an
estimate of his estate, according to wch he will both pay his
proportion in all rates & publique chardges, from time to time
to be assessed for civill vses, & expect lands in all devissions
wch shalbe generally made to the planters, wch was accordingly don.
Vppon due & serious consideration how the severall planters, according to their different estats and famylies, at present
might be accomodated wth grownd, both vpland and meddow,
it is ordered that in the first devission, wch is to be made of
vpland wthin two miles of the towne (a place called the Necke
being all or the greatest part wthin 2 mile not reckoned,) euery
planter shall have, after the rate of five acres of land for euery
hundred pownds in estate & for euery person or head in his
famylye reckonned as before, two acres & a halfe of land & further that every planter shall have in the niecke afforesaid after
the rate of one 1001 in estate, & halfe an acre for every person,
& the nmeddow belonging to the towne being duely considered
& estimated it is ordered that euery planter shall have after
the rate of five acres for every 1001 in estate, & halfe an acre




NEW  HAVEN COLONY RECORDS.                  193
of meddow  for every person, & in the second devission of
vpland lying wthout & beyond the two miles from  the towne,
it is ordered that [every planter shall, have] after the rate of
twenty acres for every 1001 in estate and [for every head two
acres and a halfe]
[                          ] expended in the first veiw of this
towne [                                        ] lands from the
Indians [*
[117] [I for euery 1001 wlch yet falling short to defray necessarie & publique chardges, a rate of 2001 was granted & levied
vppon the planters, halfe vppon estates, wch came llto 5s 1O0dI
P 1001, & halfe vppon land in the first devission in the necke &
meddow, wch came vnto about 45d P acre.
For that publique occassions require a publique stocke or
treasurie, for the rajseing & majntayning of such a stocke,
vppon serious consideration & debate, it is agreed & ordered
that every planter, who as before receiveth & holdeth land
from the towne, shall pay a yearely rate to the towne towards
publique chardges, namely for every acre wthin the first devission & in the necke, & for all meddow 4d an acre, and for all
land wthin the second devission, 2d an acre; wch rates are to
be paid ill equall portions, the one halfe at or before the
last day of Aprill, and the other halfe at or before the last
day of October yearly, (besides what may be assessed vppon
extraordjnary occasions,) to the treasurer in such manner &
vnder such penaltyes as this court shall appojnt, which treasurer shall also pay out all due & necessary publique chardges
as shalbe ordered, & of all his receipts & payments he shall
give a true & just account to this court, or to such auditors as
they shall appoynt yearly, or oftner if it be required, & shall
also pay & deliver vpp vnto the suceeding treasurer, or vnto
whomsoever this court shall appoynt, all such writtings, books
of accounts, monny, goods or estate of what kind soever, due
to the towne vppon such reasonable warning as this court shall
judge meete.
Heere should have bin inserted the planters names, estates,
numbers in their famjljes, wth their severall proportions of
vpland & meddow in each devission, wth the rates they are to
pay, but the treasurer having it, it was here omitted & thither
reffered.t:- A line or two worn off.
- The book to which reference is here made is still extant in very good preservation, and in the hands of Henry White, Esq. It is a parchment covered volume, in
size 74 by 6- inches, of originally about ninety leaves; a few have been subsequently
added. Upon its cover it bears the following title, now nearly illegible; " A Booke of
all the landes weh Planters at first or by allienations since possesse wthin New Haven
25




194             NEW  HAVEN COLONY RECORDS.
It is agreed & ordered, that Mr. Davenports quarter, Mr.
Eatons, Mr. Robert Newmans &- Mr. Tenches quarters shall
have their first devissions of vpland to begin at the east side of
the towne towards the sea, (after that certayne small lotts are
layd out, & a feild about 40 acres called the Oystershelfeild,
left to the townes dispose,) & so goe on by the Mill river, takeing
in all the land as it fals, (highwayes exepted) to the 2 miles
end, till compassing about they come vnto a common weh is to
be left for a cow pasture onn the east side of a certayne fresh
medows called the Beaver ponds, & that the said 4 quarters,
wth Mr. Evance his quarter shall have their meddow by lott,
(some pticular psons hereafter named excepted,) on both
sides the river called Quillipiocke or the great river, begining
with meddow next the great rock 4~ soe on to seaward are
called the east meddowes, only some of the smaller lotts
wthin the said 5 quartrs, by their owne consent, are to have
their proportions on the east side of the Mill river, begiiing
at the meddow next the great rocke & so on to seaward, &
on an island in the great river before named, by lott as
they shall fall in order; only in the Mill river, he that should
fall last, not haveing his full proportion, may leave it to the
towne & take his ful share in the said island.  And island
is also to be layd out by lott from the south end vp the east
side & so rownd downe the west side in order, & the lotts being
cast, the names & order followeth,
1. John Benham,                10. Robert Hill,
2. Mr. Cheevers,               11. Jarvis Boykin,
3. Thom Powell,                12. Andrew Low,
4.- Abrahll, Bell,             13. John Cooper,
5. William Andrewes,           14. Win Tharpe,
6. Richard Beckley,.           15. Mrs. Eaton,
7. Widdow Greene,              16. Mr. Peirce,
8. Widdow Williams,            17. Thomn Yale.
9. Thomas Kimberley,
Thomas Fugill who hath one of the foresaid smaller lotts, by
consent & ordei is to have the island in the Mill river below
the bridg for his pportion of meddow, wch is 6 acres, & to have
his vpland for his second devission of that cleare land by the
West rocke, provided it be neither wthin the 2 mile nor granted
by the court to any other.
Towne. Began by P. P. Secretarie, 1645-Also it conteyneth the somes due from
men to ye Treasurer, according to ye rate of 4d per acre first devision and meddow,
and 2d per acre for the second devission throughout the Towne-Anno Dom. 1646."
Very few entries appear to have been made in it after 1652. Each man is made
debtor to the number of acres held by him in each division at the rate he was to pay
for it per annum, and credited on the other side for what he sold,




NEW HAVEN COLONY RECORDS.             195
It is ordered that Mr. Lambertons quarter, the subburbs, Mr.
Gregsons quarter, Mr. Fowlers quarter & Mr. Evance quarter,
begin to take their first devission of vpland at a place called
Oyster poynte, on the south part of the towne & west part of
the harbour, and so goe rownd in order, takeing in all the
land as it falls, (highwayes excepted) to the 2 mile end, till
compasseing about they have their full proportion, leaveing the
rest on the west side of the Beaver pownds as a common for
an oxe pasture, and the way to both these to lye, both for ox
pasture & cow pasture, at the norwest part of the towne, from
the streat where Mr. Evance his howse is. And Mr. Lambertons quarter, ye subburbs, and Air. Gregsons quarter, wth Mr.
Fowlers, shall have their meddow in the west meddow, in a
meddow called Mr. Malbons meddow, and on the Indian side
below, or to the seaward of those meddowes appoynted for the
5 quarters as before, and yet more to the seaward in the meddow called the solitary cove.
It is granted & ordered that Mr. Eaton shall have 50 acres
of his meddow on the east side of the harbour neere the way
to Totoket, wth a proportion of vpland for a farme, and the
rest of his nmeddow at his owne choyse in the east meddowes,
wth the remajnder of his vpland for the second devission allong
the river by the brick kils, adjoyninge to such part of his meddow as he will improve for another farme wth the best convejniencye the place can afford, only whereas a small peece of
meddow on the west side of the Mill river adjoyneth to the
vpland of his first devission, it is to be lajd [
as part] of [his] proportion & so the mn[ed] dow
[118]  11 that adjoyneth to any mans vpland Vppon the west
side of the said river.
It is ordered that Mr. Davenport, pastour of the church,
shall have his meddow & the vpland for his second devission
both together, on the east side of the great river, where himselfe shall choose, wth all the conveniency the place can afford
for a farme, though by the naturall bownds of the place,
whether by creeks or otherwise, the vpland or meddow prove
more then his proportion.
It is ordred that Captayne Turner shall have his meddow
& vpland of his second devission vpon the west side of the great
river, where himselfe shall choose for his best convejniencye,
that he may the better atend the publique service in his military office.
It is ordered that Mr. Robert Newman and Mr. Mathew
Gilbert the present deacons shall have their meddow and their
vpland for their second devission, vpon the west side of the
great river where themselues shall judg most convejnient for




196          NEW HAVEN COLONY RECORDS.
farmes neere the towne, that they may the better atend their
office.
It is ordered that the small lotts in those 5 quarters before
named, who have their meddow on the east side of the mill
river, shall have their second devission of vpland at the vtmost
end of the first devission of Mr. Evances quarter, by some called
the Yorkshire quarter, wthout the 2 miles, beyond the west
river, by lott. And that the rest of the plantrs in the said 5
quarters shall have their meddow by lott, begining at the east
side of the necke, on the west side of the great river, and so
goe on in order to Mr. Eatons farme at the brick kills, and
then to beginne at the north side of Mr. Davenports farme on
the east side of the river, and goe on to the vpper end, only
whosoever by lott falls next any of the farmes before granted
& setled, if he want any part of his due pportion when he
cometh to such a farme or grant, he is to take the rest where
it next falls, though on the other side of the river. And such
as by lott shall have their meddow to the seaward of Captayne
Turnrs farine, shall have the vpland adjoyninge, towards their
second devission, but if it fall short of their proportion they
shall have the rest by lott among the small lotts, wthout the
2 mile beyond the west river at the end of Mr. Evances quarter. And the rest, whose meddowes falls to the northwards of
Captayne Turners farme, shall have the vpland for their second
devission betwixt the great river and the Mill River, lying as
neare their meddow as may bee, wth refference to the former
grants, and their neighbours convejniencye.
Here followes the order wherin the planters fell by lott in
the east meddowes.
1. Mrs. Higginson,         15. David Yale,
2. Mr. Atwater,            16. Mr. Fr. Brewster,
3. Mr. Pococke,            17. Jeremy Dixon,
4. Thomas Nash,            18. John Johnson,
5. Jasper Crayne,          19. Mr. Mayers,
6. Mr. Evance,             20. An elders lott,
7. John Ponderson,         21. Mr. Owen Roe,
8. Mr. Lucas,              22. Mr. Dermer,
9. Thomas Fugill,          23. John Chapman,
10. Edw. Wigglesworth,      24. Mr. Fr. Newman,
11. Richard Pery,           25. Mr. Malbon,
12. Mrs. Constable,         26. Mrs. Eldred,
13. Mr. Brunwin,            27. Mr. Sam: Eaton,
14. Mr. Marshall,           28. Mr. Tench.
It is ordered that the other 4 quarters, namely, Mr. Lamnbertons, the subburbs, Mr. Gregsons & Mr. Fowlers, shalhave
the vpland for their second devission beyond the 2 mile from




NEW HAVEN COLONY RECORDS.              197
the towne, on the west side of the harbour, takeing in all the
land to the seaward, wthin Newhaven bownds towards Milford,
and soe come rownd towards or vnto the land granted to the
small lotts of the other 5 quarters, till they have their due
proportion, only Mr. Goodyeare shall have the vpland for his
second devission in a place wch he hath chosen for a farme beyond the west rocks, and Mr. Gregson shall have the vpland
for his second devission on the east side of the harbour by the
meddow called the solitary cove.
Libertie is granted Mr. Crayne & Mr. Tuttle to inlardge
their soines they had formerly put in for their estates, namely
Mr. Crayne to 4801, Mr. Tuttle to 4501, & they agreed to pay
rates to the towne accordingly, both for time past & time to
come, & if they should remove, to sell only improvements, &
what vpland they want in their first devission & in the necke,
by consent & order it is to be supplyed vnto them in the second
devission, acre for acre. It is also granted to Mr. Crayne, Mr.
Tuttle & Mr. Linge, vppon their request, that they should
have their meddowes & the vpland for their second devission
in the way to Totokett, after Mr. Eatons farme is layd out,
only Mr. Crayne is to have meddow & vpland for 1801, the
estate he first put in, betwixt the great river & the Mill river,
among the 5 quarters as his lott falleth.
Jeremy Dixon had also libertie to inlardg his some put in
for estate to 3001, payeing rates & receiveing land for any want
in the first devission & necke as Mr. Crayne and Mr. Tuttle.
[119] 11 It was ordered that Mr. James sometime & elder in
the Bay, shall have Francis Parrotts lott in the quarter called
Mr. Evance quarter, and for his greater conveyniencye shall
have his meddow at the bottome of the necke.
It is ordred that Timothy Baldwins lott in Mr. Fowlers
quarter shalbe bought in by the towne & shall have land layd
to it for 5001 estate and for 6 heads or psons, & reserved for an
elder, but the necke being layd out, what wants there, to be
supplyed in the second devission.
To prevent offence as much as may bee, & that all mens
sperits be the better satisfied wth their allotments, it is ordered,
that where the planters doe not fully agree among themselues
in deviding their lands, all devissions gennerally, (the former
grants excepted,) shalbe made by lott through the towne, both
in vpland & meddow.
Whereas part of the Neck hath bin formerly planted by severall men for prsent necessitye or convejniencye, it is agreed &
ordered, that henceforward it be wholy laid & vsed for pasture
& dry cattle, and stinted according to each mans interest &
propriety, wherein 12 acres is to be reckoned for a horse, 6




198           NEW HAVEN COLONY RECORDS.
acres for an oxe, 3 for a stere under 3 yeares old or not aboue
2 yeares old, and 2 acres for a calfe. And that noe man put
in any catle yearly before the time ordered for the yeare, nor
before he hath given notice to the governor what cattle, & in
what right he puts in, vnder the penaltye of 6d a head each
weeke, any time lesse then a weeke reckoned & paid for as a
weeke. It is also ordered that the necke be fenced from the
farmes above, and a strong gate made for carts & cattle to
passe through, and sufficient gates at the bridge, that so cattle
allowed may be kept in from straying, & others may be kept
out, & that noe man breake any part of the said fence, or any
gate, or leave any gate open, vnder such penalty as the monthly court shall judge meete for each time.
Yet if any of the quarters will fence in their owne proportion, & soe relinquish all right to the common pasture in the
necke, they may at their propper char.dge doe it, leaveing out
all springs, though wthin their proprietye, for the cattle to
drinke at, and wheras there are certayne parcells of meddow
adjoyning to the vpland in some parts of the necke, wch meddow belongeth to some of the planters, and cannot be secured
from the cattle wthout a fence betwixt the vpland & the said
meddow, it is ordered, that the treasurer out of the townes
stock shall pay for halfe the said fence wch alredy is or shalbe
made betwixt the vpland & such meddow, but the fencebeing
once made & paid for, according to this order, the severall
owners of the meddow agreed, & it is ordered, that themselues,
severally, shall ever after mayntayne the said fences, or beare
what damadg befalls them in their meddow, & if any perticuler quarter or person shall resolue to fence in their proportions in the necke, they shall first pay to the treasurer their
proportion of the foresaid generall chardge as it shalbe judged
worth, before they beginne to fence.
It is ordered that all such who are admitted planters into
howselotts freely, but have had noe outland formerly allotted
to them, they shall each of them have 6 acres of vpland to
plant in for every single person, 8 acres for a man & his wife,
wth an acre added for euery child they have at present, wch
land is alreddy layd out for some of them at the further end of
the great playne, in proportion as before, only a small adition
was granted to William Davis to save him some chardge in
fenceing, and more is to bee layd out for others there so farr as
the land wthin the fence will serve, & for the rest, their proportions shalbe layd out on the east side of the great river,
betwixt Mr. Davenports farme & the Indian wigwams, in such
forme as may be convejnient for them to fence & improve, and
not prejudiciall to the towne, and Mr. Crayne & Mr. Tuttle




NEW HAVEN COLONY RECORDS.              199
were desired & appojinted to veiw & settle it, and it is ordered
that all planters so admitted and holding land from the towne,
shall pay yearely towards publiqne chardges 2d for each acre,
as other planters doe for the 2d devission, & that the rates shalbeginne from the last of October, 1645, & so goe on by halfe
yearly payments, and if any of them, satisfyed wth their trades,
or not likeing the place or their allotment, shall refusse or neglect to take vpp the land, yet every on admitted to be a planter
as before, shall pay 12d a yeare to the treasurer towards publique chardges.
Here followeth the names of those planters wth their proportions whether at the further end of the great playne or on
the east side of the great river or harbour.
[Page 120 is blank.]
[121] 11 For that some of considerable estates & tradeing doe
live in the towne & have hitherto injoyed comfortable fruite
of civill administrations & chardges, themselues in the meane
time haveing small or noe rates, it is ordered that hence forward all such shalbe rated from time to time as this court
shall judge meete.  And for the present Mrs. Stolion is ordred
to pay after the rate of 20S a yeare to the treasurer, Mr. Godfrey 20s a yeare, & Mr. Leech 40s a yeare, all wch are to beginne & to be reckoned from October, 1645.
Wheras a certayne quantity of land, fit for a small plantation, hath bin purchased of the Indians at the chardge of Newhaven, about 40 miles to the westward, towards Hudsons
River, vppon a motion made of some of Wethersfeild, it is
granted to them & their companny for a plantation, they repaying what chardges have bin expended, wch amount vnto
about 331, & joyning in one jurisdiction in Newhaven, vppon
certayne considerations then propownded, but since perfected,
in a fundamental agreement setled for this jurisdiction in
Octobr, 1643, as by that record more perticulerly may appeare,
& vppon their desire that plantation is called Stamford.
Monunkatuck, formerly purchased & planted by Mr. Whitfeild & his company, was also admitted into this jurisdiction,
vppon the same fundamentall agreement as Stamford, &
vppon their desire that plantation called Guilford.
Milford, a neighbour plantation to the westward, was also
admitted into this jurisdiction vppon the same fundamentall
agreement in Octobr, 1643.
Totoket, a place fit for a small plantation, betwixt Newhauen & Guilford, & purchased from the Indians, was granted




200           NEW HAVEN COLONY RECORDS.
to Mr. Swayne & some others of Weathersfeild, they repaying
the chardge, wch is betwixt 12 & 131, & joyning in one jurisdiction, wth Newlaven & the forenamed plantations, vppon the
same fundamentall agreement setled in Octobr, 1643, wch
they, duely considering, readjlye accepted.
Whereas severall yeares since a tryall was made of setling
a confcederation or consociation betwixt the Massachusets &
Connecticott, but at time wthout successe, vppon a late overture wth hopes of a more comfortable issue, Mr. Eaton &
Mr. Gregson were deputed & fully anthorised to treate wth
the commissioners of the Massachusetts, New Plimouth &
Connecticut, to settle a generall combination, (if it shall
please God to blesse their indeavours,) that the civill peace
wthin these 4 collonyes may be the better secured, wthout any
impeachment of sperituall priveledges. At their returne they
acquaynted both this court & the deputies for the jurisdiction
wth the successe of the treatye, and the articles of conkfederation, agreed & concluded vppon at Boston the 19th of May,
1643, and after aproued & ratified by the generall court of
New Plimouth were read, & by generall consent confirmed,
and the Secretary was ordered to enter them as a recorde,
vppon all occassions & in all perticulers to be duely observed in
future times, & vppon serious consideration of the nature of
this trust it was ordered that the commissionrs for this jurisdiction be yearly chosen by the vote of all the free burgesses,
at the election court, and that they be furnished wth a comission in the name of the gennerall jurisdiction court yearly, for
manadging all affajres belonging to the collonyes thus combined, in phrase or words agreed by the commissionors.
It is ordered that hoe planter, inhabitant or sojourner, wthin
or belonging to this towne, nor any vnder or for them, shall
either directly or indirectly, purchase any plantation or land,
more or lesse, of any Indian, Indians or others, or receive it'
by way of gift, or vppon any other termes, for their owne private vse or advantadge, wthout expresse allowance or liberty,
to be granted & entred in & at some one of the monthly
courts, vnder the penalty of the losse & forfeiture of his & their
so acquired right, title & interest, to the towne, and such further fine as the monthly court, vpon cosideration of the offence,
shall see cause to impose.
It is ordered that none lopp, fell, cutt downe, or cause to be
lopped, felled or cut downe, any tree, vppon any occassion, for
any vse, vppon any common wthin 2 miles of any part of the
towne, wthout speciall lisence from the governour or magistrates of Newhaven (of wch lisence the governour or magistrates to keepe a booke or memoriall, to prevent mistaks;)




NEW HAVEN COLONY RECORDS.              201
vnder the penalty of looseing all his labour, about euery such
tree, leaveing it wholy to the towne, & paying besides on
shilling as a fine for each tree so cutt, but if he carry away the
tree or any part of itt wthout leave, he shall pay such further
fine as the court shall judge meete.
And that none vnder the same penalties barke or cause to
be barked any trees whether for tanning, dying or other vse,
wthout order & appojintment of Serjeant Andrewes, Seijeant
Jeffrejes, Sarjent Munson & Corporall Whithead, who are to
consider where the tanurs, dyers or others, may conveynienltly
gett barke wth least damadge to the publique.  And if tany
man cutt, bark, lopp or fell any tree wthin the propriety or
allotment of ally planter wthout leave, he shall pay damadg to
the owner, according to the course of justice.
[122]  II It is ordered that the magistrates, elders & deacons,
shall henceforward have the disposeing of all howselotts not
yet granted, wth the outward accomodations therevnto appertayning, to such person or persons as they shall judge meete
for the good of the plantation, & that none be received as a
planter, dither by admission or purchase, wthout their consent
or allowance, & that noe planter or proprietor sell or let any
howse or land to any stranger or other not before a planter,
either by lease or otherwise, wthout the approbation & consent
of those before mentioned & intrusted, & all bargaynes, &c.
not agreeing wth this order to be voide.
It is ordered that every male from 16 to 60 yeares of age
who shall dwell or sojourne wthin this plantation, or any part
of the bownds & limitts of it for a month together, shalbe &.
continew at all times compleatly furnished wth armes, vizd a
good serviceable gunne, a good sword, bandeleeres, a rest, all
to be allowed by the military officers, one pownd of good gun
powder, fower pownd of bullets, either fitted for iris gunne or
pistoll bulletts, wth fower faddome of match fit for service wth
every match locke, & 4 or 5 good flints fitted for every firelock
peece, all in good order & ready for any suddayne occassion,
service or veiw, vnder the penaltie of 10s fine, to be paid by or
for euery person, so oft as he shalbe fownd defective & faulty;
each master or governour paying not only for himselfe, but for
all such as are vnder his chardge, for whomle he should provide, & others to pay for themselues.  It is further ordered
that the captayne, (besides occassionall &  extraordynary
veiwes,) give order once every quarter of a yeare at least to
the millitary oficers, that they take a stryckt veiw of all the
armes belonging to the towne,- that they may see & report that
every male from 16 to 60 be furnished as before mentioned,
vuder the penalty of 408 fine if he neglect to give order, & that
26




202           NEW HAVEN COLONY RECORDS.
the military officers doe accordingly take the said veiw vnder
the penalty of 40s, to be levyed of them as the court vppon examjnation shall find cause, & that a due returne of all defects
be made to the captayne & by him or the clarke at his appoyntment, vnder the penalty afforesaid, to the court, that the
fines may be duely gathered & that each of those veiw dayes
be so published & made knowne, that euery one may bring his
compleate armes, powder, shott, &c. as before exprest, to the
place & at the time appoynted, vnder the penaltye of 10s fine
as if not furnished, tile monthly court to judge of the difference of defects.
It is ordered that there be henceforward six gennerall
traynings every yeare, vizd, the first Munday in Aprill, the
first Munday in May, the first Munday in Junle, Septembloer,
October and November.  But if any of these dayes prone
raynye, so that the service cannot be carrjed on to satisfaction,
it shalbe supplyed the next following second day wch proues
fayre, or if the governour & magistrates vppon any publique
respects see cause to put of the trayning on any of the dayes
before named, though proueing faire, adviseing wth the cheife
military officers, it shalbe carryed on in some other fit season
as they shall appoynte; on every of wch trayning dayes before
expressed, all & every of the males wthin, or belonging to this
plantation, from 16 to 60 yeares of age, not exempted by the
place or office they hold, or vppon some other respect dispensed
wth by the generall court, shall diligently atend the military
nurture & exercises, that they may learne the better to handle
& vse their armes, reddyly vnderstand & obey the words of
command, & be generally fitted for all military service as occassion may require.  And whosoever shall totally absent on any
of those appoynted trayning dayes, 6r shall dept wthout leave
befor the company breake vpp, or shall not be furnished wth
comnpleat armes for traynings shall pay 5s fine. And whosoever shall come late after the second drume hath left beating, his name being so returned, he shall pay one shilling fine,
But if any manl come late, & shew not himselfe to the clarke
that he may enter his appearance such as it is, it shalbe
chardged as totall absence, and he shall pay accordingly.
And for the incouradgment of military officers and company,
it is ordered and granted that all the fines for absence & late
comming, whether on the generall trayninge dayes or on the
squadron dayes of trayning hereafter mentioned shall wholy
goe to them, to be disposed by the military officers in powder
& shott, &c, that they may set vpp marks to shoote at, or may
furnish themselues for their military exercises, that the service
may be more comfortably carryed on, & yet, if there be eause,




NEW HAVEN COLONY RECORDS.               203
the court will give all just assistance ill the levying of them,
and for other miscarrjadges as stuborrnes, contempt or neglect
of the officers in their directions or due commands, quarrelling, fighting, disorderly talkeing, bringing &  shooting of
peeces wth bullets or shott, & all other misdemeanours, a fine
to be paid to the towne by each offendeor according to the nature of his fault, as the court vppon chardge & proofe shall
judge meete.  But in all publique traynings, liberty is granted
[128]  that at every 11 farme howse one manl may stay at
home to atend occasions & prevent dangers, but all the rest
shall trayne, shew armes, and be subject to all the former
orders & penalties.
Wheras there are 4 serjents & 4 corporalls chosen & appoynted for the millitary service & accordingly the plantation
is devided into 4 squadrons, it is ordred that one of the squadrons in their course colme constantly to the meeting howse to
the publique worshipps of God, both every Lords day & on
other dayes ordynary & extraordljnary, & be there at or before
the second drumle hath left beatinge wth there armes compleate, there gulns ready chardged wth a fit proportion of
match for match locks & flints ready fitted in their firelock
peeces & shott & powder for 5 or 6 chardges at least, there to
attend the publique service and safty as the officers shall appoynt, vnder the penaltie of five shillings fine for neglect, or
defect of furniture, & one shilling fine for late comminge.
The sentinells also, & they that walke the rowndcl in their
course, shall dilligently atend their trust & duty, & shall have
their matches lighted dureing the time of meeteing, if the
serve wth matchlock peeces, vnder the penalty of 4s fine; and
the serjeants duely to returne the names of all such as fayle &
transgresse this order, vnder such penalty as the court shall
se cause.  And according to the course already begunne, that
squadron wch is to bring arnies the following Saboth shalbring
armes the lecture day or any other extraordynary day of
sollemne worshipp immecdiatly before, if they come to the lecture, &c.
All the former fines to be moderated as the court se cause.
The court considering how necessary it is in times of peace
to prepare for warre, & accordingly to fit & trayne vp men by
degrees to all military service & skill, besides the generall
traynings & certayne squadron traynings hereafter mentioned,
gave liberty and incouradgment to beginne an artilery company, & to add to it from time to time, such as out of the
trayned bands, or others being free & fit, shall offer themselues therevnto.  And it was granted to the said company
that they may chuse their owne officers yearly & setle their




204            NEW HAVEN COLONY RECORDS.
owne orders, presenting both officers & orders from time to
time to the generall court for approbation & confirmation,
provided that they order their times of meeting & exercise
wth due respect to the occassions & convejniency of the towne,
and perticulerly that the traynings be not hindered.  And it is
firther granted that all such who are admitted into the artillery company, while they atend & improve those meeteings
shalbe freed from the squadron traynings (hereafter ordered,)
if they be not officers who are to exersise others, & accordingly an artilery company was begune, the officers & orders were
presented to, & approued & confirmed by the generall court
AMlrch 31, 1645.
The orders allowed for the artilery company are inserted
page 99, therfore here omitted.. And whereas, by reason of the artilery company, the number for the squadrons wilbe lessned, it is ordered that henceforward, two squadrons joyne in one boddy, & that the 4 serjeants wth their respective corporalls exercise them  thus
joyned in their course, about a fortnight before each generall
trayninge, but on the last day of the weeke in the afternoone,
& whosoever shall come late to any of these squadron trayn-'ings, namely after the second drume hath left beating, he shall
pay Gd fine. And whosoever shalbe totally absent, 2s 6d to
the company, as in the gennerall traynings.  And for all other
miscarriadges in this service, the fine to be judged in the
monthly court.
It is ordered that a constant & strickt watch shalbe kept
every night in this plantation, from the first of Mrch to the
last of October every yeare ordynaryly, leaveing extraordynary
cases, either of mildnes or sharpres of weather or times of
danger to the governour & magistrates, who may remit or
continew the watch longer, or increase & order them  as seasons & occassions may require.  But in the ordynary course,
the watch is every night to consist of one intrusted as mar of
the watch, (who is diligently to attend & observe all the orders
made by this court for the watch while they stand in force,) &
of six other watchmen.  This watchmr is to be appointed
yearly, & the six watchmen to be sorted as may be most convejnient in respect of their dwellings, by the captayne wth
approbation of the magistrates.  But if by death, remove or
any other occassion, after the watches are setled in their
course for the yeare, a breach be made, & so cause of an alteration, the captayne shall wth all conveinient speede, order &
setle them agayne, so as may may be most convejnient for the
towne, and shall give seasonable warning to all the watchmasters whom it concerneth, that the service may goe on




NEW HAVEN COLONY RECORDS.               205
[124]  wthout interruption 11 or disorder, & in times of danger, whether from Indians or others, as the townes watch may
be increased, soe to prevent mischeife there may be cause to
watch abroad, it is therfore ordered, that in such times, tle
farmes be free from  watchings in the towne, provided they
keep a dilligent watch at ye farmes.
The present orders & penalties are as followetlh.
It is ordered that when vppon any occassion an allarum
shal hereafter be made wthin this plantation, both the millitary officers & every trayned souldier shall forthwth repaire to
the meeting howse wth their compleate armes & all furniture
for present service, & shall not spend time & hazard the publique safty by attending their owne private respects and affections, vnder the penalty of    A     except only in the case
of some present assault made vppon or neere the place where
he or they were, or at least some discouery of Indians, or
others knowne or suspected to be enjmies, & comibnge thitherward in a hostile manner.  And when there shalbe cause to
send out any company of souldiers, either to keepe of danger
or enemijes, repaire or recover any losse, or in any just warre,
whether offensive or defensive, whosoever shalbe appoynted
& called to such service, whether officer or trayned souldiers,
by the governour, magistrates, or others to whome trust and
power is committed in such cases, he & they shall forthwith
attend the call, & goe vppon the service according to direction,
wthout dispute or gaynsayinge.  And whosoever shall refusse,
or by questions & scruples delay & hinder the service, or discouradge others, shalbee proceeded agajnst by imprisonment
& such further punishmlent as the nature of his contempt and
miscarriadg shall require.  And whosoever shall refusse his
boate or vessell, his teame or horse, his armes or any part of
it, offensive or deffensive, or any provission for the publique
service, vppon just consideration & allowance to be afterwards
made for the same, (wch in like manner shalbe observed to
the men sent forth,) shalbe so proceeded agajnst by the authority settled in & for the plantajon as that the contempt &
miscarriadge bee duely punished in the offendor, & the like
disorder prevented or supprest in others for the future, that
the publike receive no damadge by the folly and stubbornnes
of perticuler men.
To prevent much inconveniencie & danger wch may grow, it
is ordered that whosoever shall shoote any bullet, bulletts, or
small shott in the towne, or wthin a quarter of a  mile of the
towne wthout a sufficient & just call, wch the monthly court
will judge, shall pay 5s fine for every such default, besides due
satisfaction for what hurt or damadge may arise thereby.




206         NEW HAVEN COLONY RECORDS.
It is ordered that whosoever shall furnish any Indian
directly or indirectly either wth ally gunne, greate or small,
by what name soever called or wth any sword, dagger, rapier
or the blade of any of them, arrow head, or other weapon or
instrumnent for warr, or wth any powder or shott of what name
or seize soever, or shall mend any g'unne for an Indian, wthout
expresse order from the governour or comissioners for the collonye in wrightinge, shall pay either 51 fine, or twenty for one,
according to the nature and importance of the offence as the
court shall judge meete.
The court serjously consideringe how husbandry may be
carrjed on wth due incouradgmt in this plantation, thought it
meete that the quarters severally or two or more of them
joyntly as they shall agree, should fence in such parcells of
arable or plantinge land as might best suite their occassions, &
ordered that in any such case, every planter, or whosoever
holds land wthin such a conmpasse soe to be fenced, doe attend
the publique good in carrying on his part & proportion of such
fenceinge in due time, that his neighbors receive noe damadge
through his default, nor may the innability, negligence or
stubbornenes of any one or more perticuler men hinder a
generall advantadge in improvement of land in any quarter or
quarters, howselotts or abroad, when the major pte agree to
fence. But vppon complaynte, the monthly court to settle
the best course & order they can, soe tendreing each perticuler
planter that the publique receive noe damadge, & because in
some of the quarters there are lotts vacant, not yet disposed,
it is ordered that till they be filled, the quarters themselues
fence them or procure workmen to doe it, and the chardges
shalbe payed by the treasurer out of the townes stocke, both
for the present in setting vpp the just pportion of fence for
each such lott, & hereafter in repairing the same when there
shalbe cause, provided that the quarters in the wch such lotts
are, beare all damadge if the said fences or any of them be not
either made or repajred in due season, and that henceforwrd
before the treasurer pay for any such fence makeinge or repajreing, the quarter give notice for what perticuler lott it is,
that soe the treasurer may keepe account of the chardges.
[125]  11 Each quarter in welh any such lott is shall also see
that the fence in strength & goodnes answer that order of
court made May the 5th, 1641, and for their helpe herein,
brother Andrewes and brother Munson are appoynted veiwers
for the towne, to see & certifie the treasurer how they find
such fences, whether sufficient or not.  If defective they are
to judge of the worth wth respect to that order, and the quar



NEW HAVEN COLONY RECORDS.             207
ters or workmen to receive payment or to make abatement
accordingly.
And for that in such common inclosures, severall workmen
for their present ease are apt to make slight fences, & fences
well made at first in time decay, wch may bring much
damadge vppon them that plant, it is ordered that each quarter or quarters so joyning in a common feild, shall yearly appoynt 2 committees or veiwers from among themselues, who
some one day in the first full weeke of every month shall
dilligently veiw & observe, & shall set marks vppon all such
fences or parts of fences as are defective, & acquajnt the owners, (or the quarters if it belong to some absent lott,) therewth,
calling vppon them to get them  forthwth mended, remmembring them  that what damadge befalls the quarter or any
planter till such fence or fences be sufficiently mended, they
are to make it good, vnlesse they cann clearly prove that the
damadge, or part of it, came some other way, wch wilbe justly
considered. And the perticuler planters whose fences are
fownd defective, shall from time to time pay the veiwers for
their paynes in this service; but if noe fences be fownd defective, or none but for absent lotts, then the quarter or quarters
to pay them according to their different proportion of fence
about each such inclosure,;tlhe towne for tlhe absent lotts to be
wholy freed fromi', l.':cil-:ad.g" towards these veiwers. But in
any of them, the fe nce being well made at first, & so reported
to the treasurer by the townes veiwers appoynlted for that service, or an abatemt made to the treasurer according to the
defect) if the quarter cannot get them otherwise mended, their
veiwers afforesaid may presse mlen to doe it, and the treasurer,
out of the townes stocke shall pay for the worke. And for
that some of the veiwers yearly appoynted may not know each
mans fence at first, in such case they are to acquajint the
quarters, famjlies, or persons to whoim any part of the said
fence belongeth, what day they intend their first veiw, that
euery one whome it concerneth may goe or send to shew their
-fences, and to marke them at both ends, that the veiwers may
know what belongeth to each absent lott, and what to each
present planter, and if any vppon due warning shall neglect to
goe or send, he shall pay 2s fine; and if the veitwers shall neglect to veiw at the times appoynted, or duely to observe &
marke the defects, or seasonably to call vppon them whom it
concerneth to amend them, they shall pay each of them five
shillings every month for any such default.
And whosoever shall put any cattle wthout a keeper, whether by day or by night, into any such inclosure, wthout a joynt
consent & expresse agreement made by the quarter or quar



208            NEW- HAVEN COLONY RECORDS.
ters interessed, he shall pay 6d a head, one halfe to the towne,
and the other halfe to the informer vppon due proofe, & shall
besides pay the ful damadge where it shalbe due. If he put
them in wth a keeper, he shall pay all due damadge to the
partie, wch growes either by the vnrulynes of cattle, or through
the keepers neglect, only he may abate out of the wages of any
servant or hired man, or by other just meanes require reparation for what he payeth through their default & miscarriadge;
and whosoever passeth through a gate, whether a common
gate or other gate leading into a common feild where come is
planted or sowen, & leaveth it open, or not well & sufficiently
shutt, he shall pay 5s fine, the one halfe to the towne, the
other halfe to the informer vppon due proofe & shall besides
pay all damadge to the quarter or partie wllh shall come by
such miscariadge, parents or governours answering for children & servants, though it be after abated out of servants
wages, or otherwise as before expressed.
And for that the fences belonging to the towne are generally weake & decaying more & more, & by the best & joynt
care of the owners & veiwers hardly now to be repaired &
majntajned strong & sufficient to keepe out swine of all sorts,
and these small rivers are fownd noe fences agaynst swinne
wch swimme over daylye, and by them much damadg is don
every yeare, both in come feilds &; meddowes, manny complajnts are made & much contention ariseth, to prevent all
wllh inconveiniencyes, (if it may bee,) it is thought commodious & necessarie that the quarters or planters consider & joyne
as they may to haunt, heard & keepe, their swine abroad at
sufficient distances from all come feilds & meddowes belong[126]  inge 1I to ally planter, whether in the towll or at the
farmes. And it is concluded & ordered that what swine soever,
greater or smaller, shall after the 23th March, 1645, be fownd
either vnyoaked or vnrunge or both in any come feild or meddow as before, the owners of them shall pay 6d a head to the
informer vppon proofe, & if they be brought to the pownd, he
shall pay a peny a head more to the pownder for impownding
them, and the owner of them besides, pay the full damadge,
whether in come or nmeddow to him agajnst whom the trespasse is comitted, as it shalbe prised by indifferent men, well
course & care to keepe swine at a distance may also prevent
much damadg & offence betwixt the English & the Indians,
wch ariseth oft by our trespassinge vppon their corne, & their
killing our swinne.
And for that it is fownd by experience that goates being left
carlesly either by the owners or keepers in the mrket place,
streates or high-wayes in or about the towne, climb over, or




NEW HAVEN COLONY RECORDS.             209
some way get into mens howse lotts, orchards or gardens, &
in a short time by barkeing of trees or otherwise doe much
damadge note easily repayred, it is ordered, that whatever
goates are hereafter fowlcld wthout a keeper in ally place in or
neare about the towne, save wthin the owners howses or howse
lotts, the owner shall pay 6d a head for each such default,
halfe to the towne & halfe to the informer vppon due proofe.
And if they or any of them be brought to the pownd, the
owner shall pay a penny a head more for impownding them,
and if the powndcler drive any of them to to the pownd, he is to
have 4d a head for the service, & the towne 3d a head for the
disorder. Besides wehl the owner shall pay full damages for
whateuer hurt they doe in any mans propriety whether to
trees or otherwise, as it shalbe prized by indifferent men; But
in all the former cases the owner may recover from the keeper,
as his chardge & damadge growes through his default.
The court being informed that thile coions are over burdened, & that the plantation in generall suffers by over great
quantities both of greater cattell & swine, kept by such as have
least right, as by noats from most of the quarters now brought
in appeareth, desired that men would seasonably regulate &
moderate themselues, otherwise the court, according to rules
of righteousnesse & prudence must provide for the publique
good.
It is ordered that the clay-pitts on the north side of the
towne, wch lye wthin the first devission of vpland to M3r. Newmans quarter, be reserved from being any mans propriety, &
kept as a common for the vse of the towne, and a conveinient
high way left to it for carts to passe to & froe. Only it is
granted to Mr. Davenport, that if he shall thinke fit to remove
his fence from that side of his lott, lying by the way to the
clay-pitts, to the other side by the Mill highway, he may fence
crosse the way to the clay-pitts, makeing a gate & hanging a
lock vppon it, the key to be still left at Goodman Coopers
howse, that vppon all occassions it may be ready for them that
fetch clay. And it is further granted to Mr. Davenport, that
when the lott at first reserved for Mir. Roe comes to be fenced
in, if he desire it, he shall have a way or passadge of 8 foot
broad left betwixt that lott & Mr. Craynes, that he may goe
out of his owne garden to the meeting howse.
It is ordered that those intrusted for the townes affaires,
when they se cause may lay out both vpland and meddow for
the conveiniency & incouradgment of him that shall keepe an
inne or ordynary for strangers, in the meane time, it is granted to Wm Andrewes who at present carrieth on that imployement, that hee may fence in twenty acres of vpland at the
27




210            NEW HAVEN COLONY RECORDS.
hither end of the plaines, adjoyning to Mr. Francis Newnians
lott, to put in strangers horses as there shalbe occassion, provided that if he either dye or give over keepeing the inne the
said land shall immedjatly goe to him that succeeds in that
imployment for the vse afforesaid, he makeing just allowance
towards the chardg in fenceing, if by the hire & benifit of
strangers horses, the said WVT, Andrewes have not bin duely
satisfied in the interim.
A foote bridge formerly made over the Mill River into the
Necke being much decayed was for the present repajred, but
wthall it is ordered that a cart bridge over that river, & another
over the WTest River, wth sufficient causeies to them both, be
forthwth made & kept in repaire from time to time at the
publique chardge, when private ingadgements are out.
[127]  11 And it is fuirther ordered that after those two
bridges are finished wth the first conveniencye a cart bridge
be also made over the East River, only it is refferred to further
consideracon whether the towne will beare the whole cllardge
of such a bridg, or only disburse 1001 towards the building of
it for the present, and repaire & mnajntayne it when its built,
and let the rest of the present chardges in building be borne
by them that have lands onn the east side, & in consideration
thereof grant them the full & sole liberty & proffit of all fish
well by weares or otherwise may be taken at the said bridge.
For the better trayning vpp of youth in this towne, that
through Gods blessinge they may be fitted for publique service hereafter, either in church or coifTonweale, it is ordered,
that a free schoole be sett -vpp, & the magistrates wth the
teaching elders are intreated to consider what rules & orders
are meete to be observed & what allowance may be convenient
for the schoolemars care & pajnes, wch shalbe paid out of the
townes stocke.  According to wch order, 201 a yeare was paid
to Mr. Ezekiell Cheevers, the present schoolemar for 2 or 3
yeares at first, but that not proueing a comlpetent majntenance,
in August, 1644, it was inlardged to 801 a yeare & soe contineweth.
A proposition made to the comnmission' s at Hartford, Ao
1644, by Mr. Sheppard, pastoeur of the church at Cambridge
in the Bay, foi a free contribution out of these parts of a pecke
of wheate or the vallew of it of every person whose hart is
willing for an increase of majintenance to the colledg there
begunne, that children, (to what collony soeuer they belong,)
being fit for learning, but their parents not able to beare the
whole chardge, might the better be trayned vpp for publique
service, was considered and fully approued, and Mr. Atwater




NEW  HAVEN COLONY RECORDS.                  211
&  Goodman Davies were intreated for that first yeare to
receive and collect it, that it may be sent accordingly.
Whereas the gennerall court for this jurisdiction judging
the season now fit, did see cause to joyne wth Connecticott' in
sending to procure a pattent from  the Parliment for these
parts, and for that purposse desired Mr. Gregson to vndertake
the voiadge & buisines, & agreed to furnish him wth 2001 out
of this jurisdictio in good marchantable beaver, of wch ill proportion this towne should furnish about 1101, it is ordred that
Mr. Gregson, if there be cause, take vpp soe much, vppon such
termes as he may, & it shalbe repaid out of the townes treasurie,.wth what allowance or consideration he shall agree for.
That commerce lnay the better be carryed on betwixt man
& man in these pts where monnly is scarce, it is ordered that
Spanish monny, called peeces of eight shall passe here as they
doe in some other parts of the country, at i5s apeece.  And
that Indian wompom shall passe, the white uAt 6 a penny, and
the blacke at 3 a penny.  And some men being at present
loath to receive the blacke, it is ordered that in any payment
vnder 20S, halfe white & halfe blacke shall be accounted currant pay, only if any question arise about the goodnes of the
wampo, whether white or blacke, Mr. Goodyceare, if the parties
repaire vllto him, is intreated to judge therin.
That righteousnes & peace may be preserved, it is ordered
that whosoever shall take any rmans boate or cannow wthout
due leave shall pay 20s fine, & whosoever shall take any mans
oares or padle, hand cart, wheele barrow, or any thing of like
nature wthout due leave, shall pay 5s fine, wth what further
damadge in any of the cases the owner may susteyne by such
an injurious practisse.
And for that divers cannowes, some made by the English,
some bought of the Indians, are altogether vnfit for the service
to wch they are vsually putt, & may prove dangerous to the
lives of men, Ar. Crayne & Leiutennant Seely are by this
court appoynted viewers, & are intreated forthwith, & soe
from time to time hereafter, to Aveiw & seriously to cosider of
all the cannoes belonging to the English about this towne,
(the owners bringing all & candcl every of the said cannowes to
$ This was in 1644, however in the records of Connecticut there is no mention made
about joining with New Haven to procure a Patent, but May 13, 1645, the governor,
the deputy governor, Mr. Fenwick, Mr. Whiting and Mr. Welles were desired to
" agitate the busines concerning the enlardgmnent of the liberties of the patent for this
jurisdiction," and July 9, 1645, Mr. Fenwick w7as desired to go to England to endeavor
the enlargement of patent and to further other advantages for the country. Trumb.
Col. Rec. Conn. I. 126, 128. Mr. Fenwick did not go, and Mr. Gregson was lost on
the voyage, in the famous phantom ship.




212           NEW HAVEN COLONY RECORDS.
such place as the said viewers shall appoynte, giveing them
notice that they are there ready to be veiwed,) who are to
marke all and every cannowe wch they shall approve & judg
meete for service, and whosoever shall henceforward hire out,
lend or vse any cannowe not soe marked, for or in any passadg
by watter, shall pay 20s fine for every such default, besides
what further damadge may grow thereby.
[128] 11 Whereas much damadge & wast often growes by fire,
& among other causes, the neglect of keeping chllimneyes
cleane may bring forth sadd effects, not only to the howse so
neglected, but sometime to neighbours, it is ordered that every
chimney in the towne in wch fire is dayly kept shalbe well &
duely swept once every month from September to 3March, &
once every two nmonthes after, through the whole summer, &
all other chimneyes lesse vsed, in due pportion, wch worke &
service, Goodman Cooper vndertooke in court, & by order is
to have 4d a time for sweeping every chimney that is two
storyes highor vpward, & 2d a time for sweepeing every chimney vnder two storyes high, to be duely paid by all them that
consent & agree that he shall sweepe their cllimnejes, but if
any will doe it themselues or vse any other in that service, he
or they are to take care the thing be duely performed, according to the true and full scope & intent of this order; And if
Goodman Cooper come at any time after the month in winter
or 2 monthes in summer, and find any chimney vnswept or ill
swept & so not kept cleane according to this order, he is appoynted to sweepe every such chimney well & to have double
pay for his worke, & if any refusse, vppon complajnte, the
monthly court to proceede as they judge moeete for a contempt.
And if Goodmnll Cooper neglect duely to sweepe the chimnejs
lie vndertaks or any of them, he is to pay double for what he
should receive for each chimney, as a fine for his default.
it is ordered further that every howse wthin this plantation
shall have & contjnually keepe & mayntaine a ladder of a conveinient height answering his howse, standing ready vpon all
occassions to prevent or stop the hurt wch may growe by fire
either kindling or breaking out in any chimney or other vpper
pt of the howse vnder the penalty of 5s fine to -be paid to the
towne vpon euery view or due complainte of his neglect &
default therin.
It is further ordred that fire hooks shalbe made at the chardg
of the towne, in such, to hang in some convenient place where
they may bee kept drye & ready for the vse of the towne in
such times of danger, & lastly it is ordered, that whosoever
shall kindle any fire in his garden or any part of his howselott
in or about this towne, whether to burne leaues, straw, stalks




NEW HAVEN COLONY RECORDS.              213
of come, or any kind of rubbish whatsoever, he shall pay 40s
fine to the towne for euery such default, notwthstanding any
excuse he can make of his care & attendance, the standing of
the winde, or calmnes of the season.
Whereas the frameing & setling of orders for regulating the
affaires of the plantation is of weighty concernment & every
member & planter hath liberty eithr to vote or to offer light in
any buisines propownded, & that hoe man may prtend ignorance in any order that concerns him, it is ordered that when
a generall court, vpon any occassion shalbe sumnmoned, whosoever makes not his due apearance, when his name is called,
or befor the secretary hath done reading their names, he shall
pay, every member of the court, 18d, & every other planter,
12d fine. And after the names are read, whosoever shall depart wthout leave, while the court sits, shall pay the same fine,
whether member of the court or other planter, as for late
comming or totall absence.
It is ordered that whosoever shall cut any tree where the
spruce masts grow, wthout leave from the governour or magistrates, he shall pay 20s fine for every such default.
It is ordered that soe oft as any publique occassion shall
require, whether for the mill or any bridge, cawsey, building,
fence, highwayes, or other worke weh is of publique concernement, or to be done vpon the publique chardge, in every or
any such case, the governor or magistrates may on a trayning
day send to the captayne for soe many fit men as the worke
requires, or if the service fall, or llay be well respited to
another time when their is noe trayning, and that fit men on
reasonable tearmes cannot be had otherwise, the governour or
magistrates may put forth an act of authority, & for the, publique good presse men for the worke vppon just pay, & in every
such case all private contracts & -ingadgemts shalbe suspended
till the publique service be pformed, & yll return to yr full
force as if ye presse had not bin.
[129] 1I Whereas a considerable part of righteouslos betwixt
buyer & seller consisteth in knowne, certayne & just weights
& measures, and whereas a halfe bushell measure for a standart, (according to the agreement of the commissioners for the
vnited collonyes,) is pcured & brought from the Bay, it is
ordered that all come measures be exactly fitted & conformed
therevnto, and Richard Miles, Wi'V Davies & Nicholas Elsy are
intrusted & appointed to veiw & try all measures vsed in buying & selling corne by any of the planters, farmers, sojourners, or others belonging to this towne & to fit them to the forementioned standart, & then to marke them wth the townes
burnt marke NH. And for every bushell wch they so fit &




214           NEW fAVEN COLONY RECORDS.
marke, they are to have 4d of him to whome it belongs, & 2d
apeece, for every halfe bushell, pecke & halfe pecke, & 2d for
every bu-shell wch they only marke & finding it fit doe not
cut it.
It is ordredl also that a standart be fitted for all waights &
other measures as ell, yard, quart, pinte & halfe pinte.  And
Richard Miles, Joshua Atwater & Nicholas Elsy are appoynted
to inquire for just standarts, agreeing as neare as may be wth
London waights & measures, and then to fit & marke as they
may all the waights and measures vsed in the towne for buying & sellinge to those standarts.  And the treasurer is to
allow them for their time in this service out of the townes
stocke, & if any planter, farmer, sqjourner or other, wthin the
limits of this plantation shall buy or sell by any other then
such tryecl & allowed measures & weights, he or they shalbe
punished as the monthly court, wth respect to the nature *&
extent of the offence, shall judge mneete.
It is ordered th'at a convenient company & number of pyks
be provided at the townes chardge, that the military & artillery companyes lmay be trayned & exersisedl in the vse of them,
but no man herby to be freed from providing & at all times
continueing furnishedl  th all other armes, powder & shott, as
before expressed, & that a chest be made in some conveinient
place in the meeting hlowse, to keepe the said piks from warping or other hurt or decayes, And Thomas Munson and the
rest of the serjeants vndertooke to have it done wthout delay,
and Mr. Peirce was appoynlted to give out and lay vpp the
piks fiom time to time, that they receive noe damadge betwixt timles of service, & in consideration hereof & of some
bodjly weaknes,  he is at present freed from  traynings and
allowed to provide a man to watch for him.
It is ordered that when canvras & cotten woole may conveniently be had, cdue notice & warninge shalbe given, & then
every famyly wthin the plantation shall accordingly provide,
& after continew furnished wth a coate well made & soe quilted wth cotten woole as may be fit for service, & a comfortable
defence agajnst Indian arrowes, and the taylors about the
towne shall consider & advise how to make them, & take care
that they be done wthout vnnecessary delay. And whosoever
shall transgresse this order shalbe fined to the towne as the
monthly court shall judge meete.
It is ordered that the markett place be forthwith cleared &
the wood carryed to the watch-howse & their pyled for the vse
& succour of the watch in cold weather, and the care of this
buisines is committed to the fower serjeants.
It is ordered that whosoever fincleth any thing lost wch is of




NEW HAVEN COLONY RECORDS.              215
vallew & fit to be restored to tile owner, shall wthin 3 dayes
deliver it to the marshall who shall safly keepe the thing, but
wthall shall write it downe inl some paper booke wth the name
of the person from whom & the time when it came to his
hands, & shall cry it twice onn tile lecture dayes followinge.
And, if their because, a third time on a faire day, when the
greatest concourse of people may be present & heare it.  And
the marshall shall have & receive from the owner, a penny a
time for soe crying it.  And he shall also write downe who
challengeth & receiveth it.  If it be a liveing creature of any
kinde, the marshall shall have notice & shall cry & be paid as
before, but he that findes it or wth whose cattle of any kinde
it falls in may keepe & feede it, that it be preserved, & the
owner shall pay all just chardges for it.  But if any man omit,
neglect or refuse the scope & intent of this order, the monthly
court shall proceede agaynst him as the fault requireth.
[180] II Whereas divers hides have bin spoyled or much hurt
by ill tanninge to the prejudice both of thle owner & of him
that shall weare or vse them, at first, (as hath binalleadged,)
for want of knowledge & experience of the nature of the barke
or tanne of this country, but that beinge now so sufficiently
knowen that every man that vndertakes or setts vp that imployment may seasonably informe himselfe, & therby prevent
damadge both to himselfb & others. It is ordered that each
tanner shall hereafter justly & fully allow & pay for all defects & nmiscarriadges in his tanneing, according to the damadge
proved, as in other trespasses w':l all due chardgues if it come
to publique tryall.
It is ordered that Mr. Craine, Mr. tPeirce, John Clarke &
Henry Lindoll shall veiwe the meddowes called the Beaver
ponds, & make report to the governour & the rest of the
monthly court what they conceive concerning them, who'vpon
returne & reporte, shall have power to dispose & proportion
the said meddow as they judge meete, to such planters as
being freely remitted into small lotts have hitherto had noe
meddow granted by the towne, & to setle rates for them to
pay according to each mans different proportion of meddow,
& that wth respect to time past & time to come, wch grant
& order the planters affiresaid accepted, promiseing to pay
rates accordingly, only if vppon tryall they find they cannot
conveniently improve the said meddowes, they would forthwith
returne them backe to be otherwise disposed by the towne.
To prevent contention & much inconvenience wch may
grow by secret promises, covents, deeds of bargainle & sale,
mortgages &  other alienations of land, it is ordred that a
booke of entryes shalbe duely & fairly kept by the secretary,




216            NEW HAVEN COLONY RECORDS.
Of all alienations, conveyances & assurances of what kind
soever, whether of howses or lands belonging to this plantation,
wth such limits, extents & descriptions as may conveniently
be done, and may vppon any question after, serve to cleare the
agreement & bargaine, but noe entry to be made but by expresse order of court, & every such entry to bee accounted
good agacynst according to the intent & nature of it, agajnst
any former promise, covennant, bargaine, mortgage, deed of
gift, or any convejance whatsoever not so entred, though all &
every such promise or deede shall have its just force against
every person or persons that made them, and against any other
part of his or their estates. And before any such entry passe,
the parties equally betwixt them, or one of them as they have
agreed, shall pay downe to the treasurer for the townes account, two shillings for the same.
To suppresse vinnecessary contentions partly, & partly to
ease publique chardges, it is ordered that each magistrate
wthin this plantation shall keepe a book of every warrant &
attatchment given out by him, & direct them all to the marshall, & that the marshall shall receive of the plaintiffe before
he serve them, eight pence for each warrant & Is for each
attatchment, of wch fees one third part shalbe for his paines
in serveing them, over & aboue his sallery, the rest he shalbe
accountable for as pte of his wages, & it is further ordered,
that before any tryall in court betwixt pty & partie, the plaintiffe pay to the treasurer for the townes vse, three shillings &
fower pence, over & aboue -the warrant or attatchment, all
wch chardges shalbe finally borne by the plaintiffe or defendant, or both of them, as the court shall judge meete.
It is ordred that every one warned to the monthly court for
transgressing any order of the generall court, & fownd an
offendor, or being warned for fines or rates after they should
have bin payd by the generall courts order, the same haveing
bin first privatly demanded by the treasurer, mrshall, or any
other officer or' psons appojnted for that purpose, shall pay to
the mrshall 4d, and that every one vppon any occassion committed to prison, besides other fees, chardges & attendance,
(wch the court will order & judge) as the cause requireth,
shall pay to the marshall for turninge the key one shillinge.
[131]  11 It is ordered that a certayne -quantity of planting
land by the small lotts, on the east or southeast side of the
towne, called the Oyster-shell feild, shall by the magistrates &
deputyes be let out to such planters as neede & desire the
same, for seaven yeares from ao 1641, at a moderate & due
rent to be yearly paid to the treasurer, for the ease of publique




NEW HAVEN COLONY RECORDS.               217
chardges, wch was accordingly done, the rent from  severall
psons amounting to about tenn pownds a yeare.
Uppon a due consideration of the trouble & hinderance wch
sundry, both of this towne & other plantations find & vndergoe
in getting over the East River, over wch as yet there thsere is
noe bridge, it is thought meete & ordered that a ferry be forthwith setled, and as it may be continued for the ease of such as
have occassion to passe that river to or from the towne, and
that a shedd be made at the townes chardge, by the watter
side, & 3 acres of planting land in the Oyster shell feild, wth
as much conveniency as may bee, be lajd out for the ferryman
rent free, so long as this court shall judge meete, wth an
abatement of rent, or some further allowance, (as the magistrates and deputies shall see cause,) to Mr. Brunwing, who
from the towne according to the former order, rents that part
of the Oystershell feild.  And it is ordered that the ferryman,
providing & maintayninge a lardg & serviceable cannow or
boate fit for that service as the court shall appojnt, & giveing
due & constant attendance about it every day fro sun riseing
to sun setting, (Saboth dayes & times of solermne & publique
worshipps excepted,) may demand & receive of every one lihe
carrjeth or recarieth over the said river at the ferry place, two
pence a time, if there be not aboue 3 passengers, If aboue 3:
& not aboue 6, he may take three half pence a person, If
aboue 6 to 8 or 9, the fare to be 9 pence, and for any greater
number, a penny a person.  And for the further incouradgment of the ferryman in this service, it is ordered, that if any
belonging to this plantation shall transport any person or persons in any other boate or cannow in the ferry way, (his owne
famyly or workfolks as their buisines & occassions require excepted,) he shall pay to the ferryman a penny a pson for every
one so transported, but the farmers on the east side are left
free, either to vse their owne cannowes or boats, or to agree
wth the ferrymlan as they can when they have neede.  And
Francis Browne vppon the considerations before expressed,
accepted the service vppon tryall, and became ferryman for
a yeare from the 16th of June, 1645.  And after that either
to continew or desist as the court and he shall see cause, and
his man being lame & so not able to carry on the service at all
times, he is left to his liberty to come to the generall traynings
as the occassions of the ferry will permritt.
Vppon the consideration of the hurt & mischeife wch is like
to arise & increase by woolues & foxes seizeing vppon sheepe,
goates, swine and the smaller & weaker sort of great cattle, it
was formerly ordered that 15s should be paid by the treasurer
to every one that brings a woolfes head & 2s 6d for every fox
28




218           NEW HAVEN COLONY RECORDS.
head, but vppon a further debate, December the 8th, 1645, the
court being informed that noe man attends this service as his
imployment & business but improves oppertunitie as lie findes
it occassionally, ordered that the treasurer henceforward pay
only two pownd of powder & 41 of bullets or shott, or the vallew thereof for every wolues head & one shilling for every old
fox head, & sixe pence for every younge one, to such of this
plantation as wthin Newhaven limits kill & soe bring them.
It was granted to Mr. Lamberton that he might take in a
peice of grownd for a yard to his cellar by the west creeke, but
the quantity & limits to be ordered by those that are intrusted
to admitt planters & dispose of lotts, provided that he pay for
the said grownd as they shall set the rate, and shall hereafter
sell both that cellar & this yard thus granted to whom & when
the court shall appoynte, and at reasonable price & vppon a
[132]  further proposition & request made since by II Mr.
Lamberton, the magistrates & deputies wth Mr. Craine &
Leiutennant Seely were desired to veiw a peece of grownd
neare Mr. Lambertons howse, vppon the side of the East
creeke for a wharfe & warehouse, & if they judge it convenient, they may dispose of it to Mr. Laiberton, he either paying the worth of it, or enjoying it for the present & hereafter
parting with it to the towne at such rate as indifferent men
shall judge meete, or vppon such other tearmes as they shall
conceive tend to the publique good.
WTm Pecke, haveing but halfe a small lott for a howselott,
& therby much streigbtned, desired an addition of twenty
rodd of grownd over against his howse by the creeke for their
further conveniency, wch on this condition was granted, that
if the towne se cause at any time hereafter, for publique vse
or respects to reasume it vppon allowance of such chardges as
shall then bee judged meete, he shall resigne it.
To prevent much sin & inconveniencie wch may grow by
disorderly meeteings & drinkeings, it is ordered that none of
or belonging to this plantation shall either directly or indirectly wthin their howses, cellers or other places, sell or
deliver out anlly sort of wine or strong licquors by retayle,
namely by pottles, quarts, pintes or the like, wthout expresse
lisence from this court, vnder such penalty & fine as the
monthly court, vppon due consideration of the miscarriadge
or contempt shall see cause to impose. And at present, WTm
Andrewes and Georg Walker are allowed to drawe & sell by
retayle, but wth advice & order that they be carfull & circumspect to whom & what quantities they either deliver out or
suffer to be drunck in their howses, or any place where they




NEW HAVEN COLONY RECORDS.             219
draw or have command, that disorder may be either prevented
or observed & punished.
Mr. Trowbridge his howse for want of due & timely repaire
falling more & more 4nto decay, the court thought fit, for the
advantadge of the creditors as shalbe hereafter ordered by the
court of magistrates, to sell it to Mr. Evance vppon such considerations as are expressed in a wrighteing & agreement about
it, but herevppon Mr. Evance propowinded and desired the.
court to grant him the cellar formerly belonginge to Air.
Trowbridge before his howse lott, but not wthin the compass
of it, wth some small inlardgement to build a ware howse
vppon, which was granted, provided that in the whole it exceede not twenty foote square... F
F: 1645.








1645]         NEW HAVEN COLONY RECORDS.              221
[133]  AT A GENERALL COURT HELD ATT NEWHAVEN THE
16o  MARCH 1645.
The last generall court held February 23th was now read
& confirmed, only in that order about Thomas Fugills second
devission, it was neither granted nor propownded that Mr.
Gibbard should consider of any exchange of land or other
course for such overplus as should be fownd taken in by him
vnrighteously; this was looked vpon as a miscarriadge &
vnfaithfulnes in his place, that wthout warrant he should
frame & pen an order for his owne advantadge, & he therevpon in court presently blotted out those lynes.
John Brocket haveing, according to the last courts order,
surveyed the land fenced in by Thomas Fugill for his second
devission & measuredl how farr it lyeth from the towne, a
report was made to the court that it is about 2 miles from the
center of the towne, yet so that - parts of an acre, or 60
rods of the land inclosed, is wthin that distance, wch is
expresely contrary to order, as it was granted and should
have bin entred; but by survey it appears that instead of 24
acres, his full proportion for that second devission, he hath
taken in 52 acres & 13 rodd. Being asked what warrant or
grownd he had so don, he confest his fault in fenceing it in
without a surveyor, & his sinfull miscarriadge in takeing in a
quantity soe farr above his proportion, but by way of excusse
alleadged, that his grant being for cleare land, it would have
bin very chardgable had he not carryed his fence to the rocke.
He was told he had taken in aboue 28 acres of cleare land,
hath gon over the river -for part of it, wch he should not have
done, & hath taken in neare 24 acres of wooddy & hilly land;
wch if it had eased him in fenceing, wthllout a grant from the
court he ought not to have donl; but by the plott it appeareth
he might have taken in 24 acres wth lesse fenceing then these
52 acres require, though the rocks, soe farre as they reach,
serve for a fence, and if the place would not have afforded
24 acres of land fully cleare, he must have taken it as it
falls, his proportion & grant being noe more, and though he
vnderstood that some of the church and probably some of the




222           NEW HAVEN COLONY RECORDS.           [1645
towne, were offended at this his vnjust course, yet in some
yeares he had neither procured a survey nor advized wth thle
court about it though from time to time he had sufficient
oppertunitie.
This being considered was fownd and judged a publique
vnrighteousnes, & so a publique offence & scandall, weh may
not passe wthout due censure, It -was remem- remembred that
when Thomas Robinson, onue that is noe planter, for removeing some land marks in an vnrighteous way for his present
advantadge in the grass then to be cutt, though he could not
hold nor get the inherritance, had bin latly fined 40s in court,
Mr. Wackman & Leiutennant Seely were therfore desired to
advize wth the magistrates and deputies whether this offence
be not more proper for the court of magistrates then for Newhaven monthly court, and onn the townes behalfe they were
ordered to prosecute accordinglie.
But the court was further informed, that besides the ibrmer vnrighteousnes in the quantity of land, a small part lying
wthin 2 miles, he had severall wayes offended & falsified
orders; in entring this order made November the 29th 1641,
the grant in the substance was this, that he should have his
second devission of the cleare grownd by the west rocke, provided it were not wthin the 2 mile nor granted to any other,
& by sundry in court it was remmembred that he was bownded
& limitted wthin 2 rivers; but in his booke of noates then
taken in court, he hath left out the 2 mile, hath mentioned
nothing of the rivers and hath added (or so much as he
desires), of wch clause he can give noe satisfying reason; it
was neither by him so propownded, nor was it any part of
the courts order. And as whereas besides his booke of noats,
before mentioned, he keepes two other books, wherof the latter is to be a faire and lasting recorde, besides the former
materyall defects they differ from his booke of noates in other
respects. In both of them that clause (if not granted to any
other) is left out, & a clause is added in such manner, & wth
such circumstances as gives much offence.
[134]  hIFor Mr. Cheevers & Mr. Wackman heareinge of his
vnrighteous inclosure desired to se how the grant was penned,




1645]         NEW HAVEN COLONY RECORDS.             223
Mr. Cheevers read it in Mr. Wackmans & Thomas Fugills
hearing; he is assured & knoweth that at that time the order
ended wth these words, or as much of it as he desires. Mr.
Wackman conceiveth that clause, (according to his pportion,)
was not then in the booke, they both affirme that vpon that
grownd, Mr. Cheevrs tould Thomas Fugill that the order was
vnlimitted & not easily transgressed & seemed to marvayle
men should speake of his takeing in too much land, but
added, you meane according to yor proportion, Thomas Fugill
closed, both that that was his meaninge, (yet said not it was
soe entred or written,) and that men would be talkeinge. Mr.
Cheevers, when they were gon from Thomas Fugills howse,
repeated the order to Mr. Waekman, & presently after wrott
it downe, according to wch he reported to Leiutennant Seely
how it was entred, who confidentlye replyed that the entry soe
made was a falce entry. This soone came vnto Thomn Fugills
knowledge, but when the book came after to be veiwed, the
line affording roome, these words were added, (according to
his proportion,) but wth other pen & inke, a lesse character &
crooked, as wth a trembling hand. The booke vppon occassion
being brought & left wth the governor,  Mr. Cheevers observed
& was offended at this alteration, and at a meeteing wth
Thomas Fugill before the governour & elders, questioned him
about it; Thomas Fugill begininge to justifie himselfe, the
governour, to prevent further rashnesse and sinfull expressions, by way of caution told him the book was wthin, & he
had veiwed it, and if he could judge of writing, these words
were added & written after the former part of the order wth
other pen & incke, & wth a different character, notwthstanding
wch, Thomas Fugill boldly replied, that if the govenor would
give it, he would presently take oath they were written at one
& the same time wth the rest, but the booke being brought out,
the difference was so apparent that Thomas Fugill was forced to
chang his expressions & said he would take oath it was not
written since Mr. Cheevers saw & read the order, herevpon his
second booke was sent for, out of wch this record was coppied,
and therein also, (the line affording roome,) the same words
seemed to be added, the difference in writinge, (though not soe




224            NEW HAVEN COLONY RECORDS.            [1645
much as in the great booke,) was cleare & evident, wch miscarriadge of his gave offence to all present; but this second booke,
being by the governour & elders since veiwed, they severally, but
each of them  stronly, apprehendqd that a pen &  blacker
incke hath bine drawne over it, their being now either none or
a difference so small as is scarce discernable, yet Thomas
Fugill being questioned, againe & againe denieth it.
The governour informed the court, that, being offended at
the former recited passadges, the next time Thomas Fugill
came vnto him he warned him in private of his bold & sinfull
way of protestations & offering to take oath, as if by confident
contradictions he would drive men from the trutlh they knew,
and besides the former passadge, instanced in a case betweene
Thomas Fugill & old Goodman Wilmott, minding them  of
that rule, let your communication be yea, yea, nay, nay,
oathes even in certayne truthes are not lawfull till they be
necessary and duely called for. Profane men indead in other
places who litle attend truth, thinke they must swere that they
may be beleived, and in his case, it would be noe other then
a high breach of the 3d commandement. Thomas Fugill justified his offereing to take oath to Goodman Wilmott in regard
of the truth in question betwixt them; and for the former
passadge about addeing the words in the great booke, at first
said he offered to take oath it was not done since Mr. Cheevers
read the order, but being minded of the former perticulers, he
[135]  seemed convinced & acknowledged Ilit was his sinfull
rashnesse, yet in court began againe to turne & winde, & so to
evade the governors testimony, but gave noe satisfaction.
The premises being duely considered, some of the members
of the court & tow/ne propownded whetlher it were not requisite & necessary to choose another secretarie, who might more
faithfully enter & keepe the townes records. The secretarie
confessed his vnfitnesse for the place by reason of a low voyce,
a dull eare & slow apprehensions. He was answered the the
court had longe taken notice of sundry miscarriadges througlh
weaknesse or' neglect, yet in tender respect to himselfe & his
famylie, they had continued him in the place, (though wvh
trouble to others,) a review of orders, before these offenses




1645]          NEW HAVEN COLONY RECORDS.              225
brake out, being vppon that consideration thought necessarie
& ordred.  But vppon this discouery of vnfaithfulnesse &
falsyfying of orders & records, they were called to lay aside
those private respects, for the publik saftie.  By the court
therfore he was presently put out of his office of secretarie
for this plantation, but the court not being prepared to make
a new choyse so suddenly, Mr. Francis Newman, Mr. Richard
Pery & brother John Clarke were intreated to take ioats of
what should be propownded & ordred in the remayning part
of this court, & so of the next monthly court Aprill the 7th,
& severally to draw vpp each court, fit for a record, that this
court may have a tryall of their severall abilities, & in due
season may, wth better satisfaction to themselues, proceede to
a new elexion.
But notwithstanding all the former discoveries & proceedings, Thomas Fugill in the close of the day being called to
read his hoats about those first passadges, his entry about the
secretaries office runs thus, (It was propownded whether the
court will chuse another secretarie, because Thomas Fugill
hath binll defective in his place, it was agreed that a new one
be chosen,) wch being so directly contrary to the expressions,
carriadge & conclussion of the court, gave further offence.
It was ordered that the old deputies shall continew this halfe
yeare to come, & then in October next at the new choyse deputies are to be chosen for a whole yeare as the magistrats
are.
Mr. Browning, Mr. Ling, W11l Payne, Thomas Knowels,
Jno Hall & Mr. James, vppon their request & their occassions
being knowne to the court, had leave for to depart the court.
It was propownded that the free gift of corne to the colledge might be continued as it was the last yeare & it was
granted.
Mr. Atwater, the present treasurer, informed the court that
he had sent from Connecticott fortie bushells of wheat for the
colledge by Goodlmn Codman for the last yeares gift of Newhaven, although he had not received soe much.
Brother Abraham  Bell & brother Mathew Camfeild were
chosen collectors for this present yeare for the gift of come to
29




226            NEW HAVEN COLONY RECORDS.            [1645
the colledge, and wompom was allowed to be paid by those
that had not come to pay in, each pecke of corne being vallued 12d & 2 or 3 monthes time was allowed for men to bring
it in to the collectors in.
It was propownded that Edw: Chipfeild might have libertie
to make bricks in the playnes vnder the West Rocke to wch
their is a good highway, which was allowed off.
[136]  liThe court was informed that sundry swine had bin
killed by the Indians doggs, and vppon the demnand of damadges they promised to kill their doggs, & have brought the
heads of 7 or 8, & hervppon desired that if the English swine
doe trespasse them they may also be satisfied for the same, or
ratber prvent their swine from trespassing them. Leiut Seely
herevppon informed the court that the Sagamore told him he
durst not acquaynt him who had mischeivous dogs yet alive,
because they would poyson him. Leiut Seely was herevppon
requested to learne the names of such as the Sagamore feared
& had doggs left & returne ynl to the governour.
It was propownded (that seing we have a miller that gives
content to the towne,) that we might have a loader alsoe. 201
a yeare was offred by Capt. Malbon to any that would vndertake it, & he would find them wth two horses & keepe them
wth meate, only lie should tend them, or els he would allow
401 a yeare & ye loader should find 2 horses wth meate all the
yeare, & he further said if any man would vndertake the former worke, he would carrie the towne come to mill for ld'
P' bushell. This was refferred to consideration.
Whereas at the last gennerall court it was propownded that
a bridge might be made over Newhaven River going to Connecticott, viewers were chosll, & vppon view have fownd a conveynient place, aboue a mile & halfe above the old passadge.
Bro. Andrewes & bro. Munson require 41 10s for the carpenters worke & carriadge, & they thought 20s might serve for to
fit the banks for passadge. John Thomas promised to helpe doe
that, & as soone as possibly may bee.
It was ordered it should be don, & that a surveyor looke onn
it & lay out a way from the place, that the farmes might not
be damadged by passengers that goe & come that way.




1645]          NEW HAVEN COLONY RECORDS.              227
It was propownded that sister Lampson should be provided
for at the townes chardge, so farr forth as her husband is not
able to doe it.
It was ordred the last gennerall court that men & weomen
should be seated in the meetinghowse, therfore it was propownded that all the seats be finished for feare of want of
roome & to avoyd offence.
It was formerly ordred & now againe spoken to, that euery
one turne their swine & other cattle the same way their land
lyeth.
It was ordred that euery man throughout the towne repaire
and mayntayne the highwayes before their homelotts the
breadth of two rodds.
It was propownded that noe calnes goe in the cowes walke,
namely the cowes & ox pasture, not intending the farmes on
ye east side.
It was ordred vppon Goodman Dightons information of the
court of a good place for the feede of calves vnder the West
Rocke or beyond it, that it should be viewed, & himselfe was
intreated to goe & shew the place he intended, that it might
be knowne whether it will answere the end or noe.
Complaynts being made of some mens putting their calves
in the spring & fall into the meddowes to the prejudice of
them, it was touglrt to be a transgression, but refferred to
private consideration.
[137]  IIBro: Will Thompson complayninge of damadge don to
his [meddowes] for want of his neighbours fenceinge, & a
peece of wast grownd lying wtihout him  of I an acre, he
desired it might be granted him: bro: MyTles & bro: lHen:
Lyndoll were desired to view it & to returne their thoughts
to the court concerninge it, so that if the land exceede not
the quantity mentiond, he might have it if it prove not to
the damadge of the towne or the prejudice of the highway.
Bro: Wackman & bro: Cheevers were chosen deputies for
the jurisdiction court in Aprill next.




228           NEW HAVEN COLONY RECORDS.           [1645
It was ordred that Leiut. Seely should have 6 acrs of meddow added to his pportion & next to the sea by the black rocke.
It was ordred that those persons whose names are vnder
written shalbe viewers of the fences about the town ye next
yeare.
Thom Nash & Ric'l Pery, for Mr. Eatons & Mr. Davenports
quarter; Jno. Cooper & Christopher Todd for Mr. Newman &
Mr. Brownings quarte; Jno Ponderson & Thoml James for Mr.
Evance quarter; Jerimy Whitnell & serjt Jno Nash for Mr.
Gregsons quarter; Hen: Lindoll & Roger Allen for Mr. Lambertons quarter; Jno Mosse & Jno Walker for the Oyster shell
feild; Jno Clarke & Corpl Whithead for the suburbs qurter;
William Bradley & John Thompson for the farmes.
It was ordered that the perticuler court & cheife military
officers should consider whether it be meete for watchmen to
sleepe that are on the guard or noe, also whether lesse then
seaven may not be sufficient to watch in one night.
It was propownded by captayne Malbon, that if a conveynient companny of the trayne band would of themselues be
willinge to bring their armes and attend the service on the
Lords dayes & Lecture dayes, & the lik vnder a penaltie, appoynting sentinells in their course from amongst thmselues,
might not be freed from walking the rownds, & have libertie
and conveyniencye of seats made & appoynted in the meeting
howse for that service & the walking the rownds to be supplyed
by them of the towne that bring not their armes constantly.
It was ordered that the way to the oxe pasture be where it
is now layd out, although not formerly soe intended.
It was desired that a view might be made of the land behind
Mr. Wackman & Mr. Goodyears quarters, in the reare of their
devizions. Alsoe what land lyeth behind the Yorkshire quarter for ye small lotts.
It was propownded whether any should watch in the towne
whose dwellings were a mile out of the towne, also whether
those that had noe howses nor estats in the towne should serve
therin. This was refferred to the perticuler court & the cheife
military officers consideration.
It was propownded by brother Thomas James that his sec



1646]          NEW HAVEN COLONY RECORDS.               229
ond devizion might be laid out, this was referred to consideration.
[Next on page 138 follow the names of sundry persons who at different times took
the oath of fidelity, which have been already printed on pages 140 and 141 of this
volume, and then succeeds an entire blank page.]
[138, bis.]   [A Coulrt holden April 7th, 1646.]
A difference betwixt some of Guilford, for whom Mr. John
Caffinch stood plaintiffe, & Elias Parkman of Windsor, for
whpm bro: Jno Benham stood defendant, was p'sented to the
court, but testimony not being prsent for either side it was
respited.
Bro: Thom  lBeamont hath sold his homelott lyeing next
vnto Robert Pigg by allowance of the court vnto the said
Robert Pigg.
Samuell Marsh being complayned of for absence & late
comming to traynings, Mr. Crayne gave some answere for him,
but it was respited till he doe appeare to answere for himselfe.
Thomas Tobie, Robert Vsher, Wm Andrewes, Wm Fancyq
& Theophilus Higginson were complayned off for disorderly
drinking strong licquors to the abuse of some of them, so farr
as that they lost the vse of their senses.
Thom Tobie said that it was true he fasting & watching ye
day & night afore & not being acquaynted wth the nature of
the licquoir, drinking thrice of the bottle, was overcom by it,
so that he had not the vse of those abilities that elce he might
have improved, but was carryed vp to bedd by two, wch he
desireth to owne as his sinne & shame.
Robert Vsher acknowledged he dranke soe much as that
going into the ayre it wrought soe on him that he had not the
ordring of his tongue nor feete.
Wm Fancy owned it as his sin his oft drinking, being that
at the first he felt it hott in his throate, but he was not distempred, howeur submits to ye court.
Wm  Andrewes junior confessed he was as a meanes &
occassion of this, wch he desireth to owne as his sin, but he
intended only refreshing them.




230           NEW HAVEN COLONY RECORDS.          [r1646
Theophilus Higginson said he dranck three times, but he
not loveing of it tooke but litle.
For wch disorder of all & distemper of some, they were all
fined, vizd Thorn Tobie, Robert Vsher & Wm Andrewes junior
20s each of them, Wrm Fancy 10s & Theophilus Higginson 5s.
Corporall Leavermore being complayned of for his mans
defect in want of a rest, sword, wormne & scourer, but haveing
procured sonm & promising to provide the rest as soone as possibly he can, was fined but is.
Serjeant Munson being complayned of for taking away 3
hands fron traynings to goe fetch hay, he alleadging a promise
to have had it don while he was gonln to Moheigin, & after he
came home, but being putt of & in hazard whether he should
gett cannowes or the like to doe it, & if he had not imbraced
that oppertunjty he could not have had hands to helpe him &
considering it was don on a shewing day after they had shewed
their armes he was fyned 2s each person.
[139]  [                                          ]
Richard Pery chosen secretarie for the court of Newhauen
vntill October next.
Francis Browne had liberty to depart the court, to helpe
some cattle over the river.
Brother John Herryman received the chardge of a freeman.
Consideringe the state of the jurisdiction & the righteousnesse the towne is bowand to attend in payment of severall
debts, which for the prsent were due, it was thought meete
that a new rate be assessed, and that it be paid wthin a month,
& that the halfe yeare rate due in October be paid into the
treasurer in June & July next ensueing at farthest, in monny,
beaver, come or wompom, in butter or cheese & great cattle
moderatly prised.
It was propownded by the governor that each person that
hath land or doth rent any this yeare in the necke doe bring
in their quantities to the governr, & how he will improve it
this yeare, before the first of May next or before he put in any
cattle into the necke, vnder the penaltie formerly setled, and




1646]         NEW HAVEN COLONY RECORDS.             231
that bro: Cooper drive the necke the 17th of this instant
Aprill & afterwrds whose cattle soeuer be fownd there they
being pownded shall pay e the owner 6d a head as v a former
order.
It was desired that those that desire right in the Beaver
Ponds should issue their thoughts about it wthin a month, &
if they doe not, nor give in their mynds to the governor, it is
to be left to the courts dispose.
It was granted that brother Wmll Thompson might fence in
his meddow & the small parcell of land straight from the quarter to the causey with it.
Brother Wackman & brother Seely were desired to view
that meddow Mr. Goodyeare desireth at his farme, & to
returne their thoughts of it to the court.
Brother Wm Tharpe was spared from future traynings, with
respect to the weaknesse of his boddy.
Brother Francis Newman & bro: Crayne were desired to
view a peece of grownd which brother Leeke desireth to build
a shopp onn agaynst his howse.
It was ordered that the surveyours of the highwayes doe
view them, & returne the names of those that are defective
either for cart or foote.
It was ordered that each man mayntayne a good way before
his howse lott throughout the towne, whether it be for cart or
foote.
[140]  [                                          ]
Mr. Brownings son wanting a gune & sword, his case-being
such as his armes were sold before winter, his intents being
to have gon for England, & pmising to provide agaynst the
next trayning day, his fine for prsent was remitted.
Ambrosse Sutton being defective ill his armes, ye mayne
spring of his gune being naught, was fyned 12d.
Goodmn Whitnell, defective in worme & scourer, was
fyned 1s.
Goodman Lampson, for a defect in ye length of his rest was
fyned 6d.




232           NEW HAVEN COLONY RECORDS.            [1646
The townes fence being complayned off as defective wthin
Mr. Davenports quarter, towards ye Mill River, wch was don
by Jno Mosse & Timothy Ford, they submit to the prising
their fence, & yeald it vpp to the towne, wch was vallued
at         d p rodd & was in all    ^    rodds, as p the
viewrs noat appears.
Brother Crayne haveing sett vpp some fence before any
court order was made for the sises of posts & rayles, it being
now fowid defective, it was appoynted that his accompt be
viewed & so to see the pportion betweene the fence & the prise
paid for it.
Timothy Ford was complayned of for his powder being short
in waight & dusty & soe not serviceable as it ought to bee, was
fyned 2s 6d.
Robert Emery for his defective fence of his gune, fyned is.
Jno Cooper wanting a rest was fyned 6d.
John Gibbs defective in his gun fyned 6d.
Robert Vsher defective in ye sockett of his peece fyned 1S.
Benjamin Hill defective in scourer, but being warned to ye
court he neithr acquainting his master wth it nor appearing,
it was counted a contempt.
Samuell Wilson wanting worme & scourer & rest was fyned
5s, considring he had notice given him of providing & he
doing it not.
Thomn James, his scabbord being too short fyned 6d.
Natha: Seely defective in scourer fyned 6d.
Bro. Davis for 3 men of his being defective in bulletts &
one in match, for wch he was fyned 20s.
Wmin Wooden defective in powder fyned 12l.
Bro. Iues wanting a scourer,      each fyned 6d.
Bro. Mitchel wating a gun sticke,
Goodman Osborne defective bulletts, scourer, worme & rest,
but being now supplyed was fyned but 5s.
Samuell Daighton wanting all armes, but he being latly
come to towne & at p'sent provided, it was passed by.
James Bishopp defective in his rest fyned 6d.
Tholn Beech defective in his rest fyned 6d.
Thom Knowles defective in his rest was fyned 6d, & l he not




1646]         NEW HAVEN COLONY RECORDS.             233
haveing paid a former fine was ordrecl to cleare it before the
next court.
Samuell Marsh being seeking cowes during his absence
from traynings, it was accepted of the court as a sufficient
excuse.
Goodman Plat hath sold 6 accres of meddow on the west
side vnto Roger Allen, wch meddow lyeth next above Mr. Gibbardcl in a peece of meddow called an island, & the West River
runeth vpp on the other side thereof.
[141]  I1 Goodman Platt bath sold about 11 acr. I of vpland
to Mr. Jno Wackman & John Gibbs wch fronteth against Mr.
Evance quarter & is bownded on the reare by J no Gibbs &
Hen: Glovers lotts, & lyeth betweene Mr. Wackman & Mr.
Bracys lotts.
Goodmn Platt bath sold all his land in the Necke to Wm
Thompson.
Goodman Platt hath sold 2 acr: of meddow to Thom Fugill.
Richard Hull hath sold 6 acr of vpland vnto Wm Thompson,
which fronteth towards the subburbs quarter, & lyeth at that
end of his lott, & is betweene Win Preston & Henry Lindoll
lotts.
The Governour being informed of severall leawd passadges,
ordered Wm Fancy to appeare wth his wife at the Court, to
answere for them. The examjnations of Goodmn Fancy & his
wife following were read in court, vizd.
Goodwife Fancye examined the 14th Aprill (46) said that,
t. About two yeares since working for Goodwife Robinson,
being alone in the cellar with Thom Robinson her husband, he
tooke hold of her, put downe his owne breeches, put his hand
vnder her coates, & wth strength & force labored to satisfie his
lust, & to defile her, indeavoring to throwe her downe, & when
shee begai. to cry out, he stopt her mouth, but some of the
shipmen occassionally calling him away le left her for that
time.
2. When they lived in Leiut. Seely's cellar shee going into
the planted lott to fetch in a barrow full of wood, Indian corne
being then & there growne man high, hearing a noyse amongst
the stalks of come & lookeing about shee saw Thom Robinson
30




234           NEW HAVEN COLONY RECORDS.           [1646
& said vnto him, goe & be hanged, what doe you here, but he
fastened vppon her, strove to have kissed her, but vppon her
hallowing or crying out, (though the winde being high she
conceiveth she was not heard,) he left her.
3. Another time being at worke there, Goodwife Robinson
desired her to goe into the lott to gather pompions, & there he
agayne attempted the like, but she resisted & told him these
practises of his would not long be hidd.
4. After this againe she going forth to catch a hen, he came
&put down his breeches, strove to stop her mouth, but she
makeing a noyse,- her husband came forth of the cellar, &
Robinson seing him left her.
After this Vm Fancy lived at Thomn Clarks howse, Thorn
Robinson came thither, this examinate saith she seing him
comminge, & fearinge his filthy lustfull attempts, gott & stayed
out of the howse. Robinson prayed her to come in, proffessing
he came with noe evill intent, but to make peace wth God &
her, she told him her husband knew of his filthy leawd carryadges, he must therfore make peace with him; this was
about 12 monthes since.
Notwthstanding all former passadges, Thor Robinsons wife
wanting help in her childbed state, he impudently desireth
Goodie Fancy to keepe her, she sends him vnto her husband,
& he, considring the weomans neede, consents. After she had
bin there a weeke, her husband asked her how Robinson carryed himselfe, she answered she thought he was become a new
man; but the second weeke he returned to his former filthy
course. Goodwife Fancy going forth with him into the cow
howse in the evening to hold the lantllorne while he coughlt a
hen for his wife, he suddenly darkned the lanthorne, fownd &
tooke hold of her in the darke, she crying out, (fearing he
would kill her,) what shall I doe; but he put downe his
breeches, put his hands vnder her coats, & gott them vpp,
thrust her to the wall or pale & indeavored with his boddy to
committ adulterie with her, but she resisted & hindered him
[142]  & told him that if J1 he went onn thus, he would come
to the gallowes; he pished at that, but told her he would
never medle wth her more. This was about 10 weeks since.




i1646         NEW HAVEN COLONY RECORDS.             235
6. Yet againe during that attendance onn his wife, this examinate going forth to fetch wood to make a fier, itt being her
night to watch, Robinson followed her, put downe his breeches
& iendeavored to satisfie his lust as before, but she cryed out,
threatned to awake his wife & to acquaynt her wth his course,
wherevpp6 he gave over & this was his last attempt vppon her.
This examjnate saith that she hath from time to time acquainted her husband wth Robinsons leawd lustfull attempts
vppon her, (except that 5th passadge in the cowhowse, wch
yet she after told him off,) & prest him *to complayne to the
govr, but W'll Fancy refussed & desired it might-be concealed,
fearing, (as bee then & now professeth,) that his wife haveing
bin pulolicquely punished for theevery, should not be beleived;
& by way of excusse, he now further added, that being ignorant of the mynd of God in the Scriptures, he knew not but
that it might be concealed.
By examynation & confession it appeareth that the former
leawd & outragious attempts came thus to light, Thom' Robinson, at Mr. Evance his howse hearing Hannah Marsh say she
delivered a paire of sizars to Stephen Medcalfe before he went
for England, Robinson in the hearing of Jno Thomas and others
replyed, there is another cutler in towne for a neede who could
spare a paire of sizars or a knife, & added he thought he saw
the sizars spoken of att Goodwife Fancyes, & that she was a
theife & other words to that purpose.  Goodwife Thomas
sometime imployinge Goodwife Fancye in her occassions,
either told her or sent her word what Robinson had said.
Fancy his wife passionatly & in way of revendge tooke vp this
proverbiall speech, save one from the gallowes & he will hang
you or cutt your throate if he can. Goodwife Thomas, by the
words supposing some great guilt was concealed & lay hidd,
inquired the meaning, & Fancyes wife discouered Robinsons
filthynesse & villeny.
After this Fancyes wife going home from Jno Thomas his
howse fownd Robinson staying for her in Stephen the cutlers
shopp, & weeping he spake passionatly, is thiS come forth &
added he would rather that his life & all goods were gone then
that his wife should have knowine of it.




236          NEW HAVEN COLONY RECORDS.            [1646
Goodwife Robinson hearing these things was exceedingly
troubled & desired they might be taken vpp in a private way
if it might bee, and Thom Robinson and his wife pressed
Goodwife Thomas to that purposse; Goodwife Thomas replyed
that he might see a hand of God in this busjnesse, for his
other vnrighteous dealings, yet told him if she might saflye,
she could be content to conceale it if she might see a generall
reformation in his course, but Robert Vsher knew of it &
must by a due acknowledgmt be satisfied. Robinson meeting
wth Vsher that night, insteede of satisfying him, provoaked
him by telling him it was but a word in jest, & that Fancy his
wife wronged him, herevppon it was resolved that counsell
should be asked & proceeding ordred accordingly.
WVm Fancy & his wife both affirme that about a fornight
since Thom Robinson offred them l0s in silver for their satisfaction that there might bee noe further prosecution.
John Thomas & his wife say that Robinson did before them
acknowledge some miscarriadges & did but weakly if at all
deny the rest that Fancyes wife chardged him with; he knew,
(as he said,) that a weomans word would passe before a mans
in this case, espetially seing Fancy his wife said she would
take her oath for the truth of her chardge.
[143]  l1Goodwife Robinson confessed she had heard her h-usband confesse he had spoke some words to try Fancys wife
but he could not owne all she had chardged him with, being
asked where her husband is, she saith that yesterday in the
afternoone he went forth in a sadd discontented frame, and as
she since heareth, passed over the ferry, but since she hath not
heard of him.
Wrm Fancyes wife saith further that about 3 monthes since
Marke Meggs came to their howse & asked for her husband,
saying he was ordred by Mr. Francis Newman to receive 8s
of him, she replyed her husband should gett it for him so
soone as he could, but it since appeareth Mr. Newman sent him
nott. As Fancys wife then passed by him he caught hold of
her, strove with her, put his hands vnder her coats, shewed her
a string of wompome & told her he would give her that & 5s
more if she would teach him to gett a boy, but she resisting




1646]        NEW HAVEN COLONY RECORDS.             237
he went away. When her husband came in she told him
Marke Megs was a roague, & acquainted him what he had
done, wherevppon her husband & the cutler went & spake wth
him; he presently acknowledged his fault to them, & severall
times since hath acknowledged it to Fancys wife.
Concerning Stephen Medcalfe the cutler she saith, that her
husband & she lying in his howse soone after the hand of God
was vppon Stephen in the losse of his eye, he came, (as she
was sifting meale,) in a basse lustfull way to kisse her by
force, she said it were better he never touched any while he
lived, yet after this while he was vnder cure when her husband was abroad, it being his watch night, Stephen went to
bedd but left his candle burninge, she called to him to put it
out, he bad her come put it out or take it for her vse if she
would, she refusing, he after put it out & she went to bedd, but
first tyed downe the latch of the dore soe as she thought it
could not be opened from wthout; yet, as she conceyveth
about midnight, the dore was opened, & by the creeking
awackned & frightned soe that she cryed out with much feare,
who is there, then Stephen spake & went to his cubbard,
dranke some strong watter & went away. Fancys wife arose,
went out & came in againe, walking vp and downe. After
the day brake the weauer & her husband came home, she told
her husband Stephen was a rogue, & said she would complayne to the magistrate but her husband diswaded her. Stephen lay long in bedd that morning. After he was vpp he
went to Mr. Pells, her husband met him & told him of his
miscarriadge. Stephen came home and asked Fancys wife
what she had told her husband, she answered nothing but
what Stephen knew was true, yet at his request, her husband
promised to passe it by.
Marke  Meggs being called to answer Goodwife Fancyes
chardge did at the first wholy denny it, wherevppon Wm Fancy
informed the court that so soone as he came to the knowledge
of his forementioned action, he called to hm to speake wth
him, who was then killing a pigg at Goodinl Mosses & there
told him of it, & that since Marke had sought to make his
peace, & at that time Robert Vsher, that hle night not come




238           NEW HAVEN COLONY RECORDS.           [1646
to the knowledge of it, was sent out of the way, & he the said
Marke Meggs told them  if it came to light he should be
vndone.
[144]  IICorporall Mosse informed the court that James Heywood told him that Marke Meggs came into Goody Fancys
howse & downe with his breeches.
Goodman Banister informed the court that Daniell Paule &
himselfe being at worke wth Wmi Fancy, he upp & told them
that Robinson was runn away & feared his wife would be a
cause of his being whipped and so Marke Megs.
John Meggs informed the court that Wm Fancy being at his
shopp told him what his bro: had done, & that he thought he
would be fyned, & if that it were soe he would take nothing
of him.
John Thomas informed the court that Marke Megs told him
that the Governr said that Jno Thomas needed not come to
court if he could say nothing for him, the wch words the
govr said not, but Marke Meggs exprest to have hidd his sinne
& guilt.
Robert Vsher informed the court that one night Marke
Meggs came and called Wm Fancy & his wife to speake wth
them, & Goodie Fancy desired him the said Robert to goe vpp
into the chamber, then he asked the matter, she said nay,
neither shall Stephen tell you what Marke came about.
Goodwife Fancy vppon oath affirmed that Marlke Meggs
comrnminge for 8s or 10s vppon a last day at night, she told him
she thought her husband had it not, but he should gett it, &
thought Mr. Newman would not be soe deare, then went out
into the lott & comminge in agayne he caught hold of her,
put his hands udcer her coats, offred her a string of wompom
he then had & 5s more if she would teach him gett a boy& ye next day save one, being the second day of the weeke,
he went to him.
Goodmre Fancy vppon oath affirmed that he spake wtlh Marke
Meggs in Goodmnl Mosses yard & said to him he was a basse
fellow for to goe to abuse hisg wife, offriang some wompom & 5s
more & that lie going to acquajnt Mr. Gregson wth it, Marke
mett him, acknowledged his fault & said if hee should goe &




1646]         NEW HAVEN COLONY RECORDS.               239
tell of it he should be vndone, & intreated him to consider
his case, for he had dranke a cupp of sacke & Stephen desiring him, he granted to passe it by.
Capt. How, being then in court, told Marke Meggs it was
not his way to deny it before God & a court of justice, for
though the court might, God would not cleare him if guiltie,
for God may have left him  to the act, although there may
want evidence, as he may remember a defect of evidence in a
case of this nature formerly.  Therfore desired him not to
leave God & himselfe in this act.
For wch sinful & lustfull attempt, although denyed at p'sent by himselfe yet sufficiently proved to the satisfaction of
the court, he was centenced to be severely whipped.
Goodie Fancy-for herselfe in concealmt of the forementioned
vylenous & lustfull attempts by severall as appeareth by her
own confessions, & Wll Fancy for his being as it were a pander to his wife & neglecting the timely revealing of these forementioned attempts to have defyled his wife, who should have
bin her ptector, & although he was told of them, neither did
discover them himselfe, nor would he suffer his wife to doe it.
Both were centenced to bee sevearly whipped.
Joseph Guernsy for his wilfull neglects of obedience to his
mr' his commands & rysing vp & abusing his mr & his bro., as
appeared by the testimony of bro: Joshua Atwater, bro. Cheevers, Mr. Francis Newman and Eliza Downinge, was centenced to be sevearly whipped.
[145]  [A  Gennerall] COURT HELD THE 25th  /AY 1646.
In regard of severall occassions & worke to be done agaynst
trayning day, bro: Nash is spared & bro: Leavermore also,
because that if hee attend this court it will hinder his burning
of potts this whole weeke.
It was remmembred that the last Genll court it was ordred
that men should have payd their rates, but it being 6 weeks
since & yet all not brought into the treasurer, men were ad



240           NEW HAVEN COLONY RECO1DS.            [1646
vized to take some speedy course, or elce the mnarshall shall
have order to warne them into the court the next weeke.
It was likwise considered that whereas there was an order
made to prserve meddow & cornefeilds, & swine ordred to be
kept abroad, but for prsent it not being attended, it was
desired men would attend it better for ye future.
It was ordred that whatever swine were fownd wthin the necke
or any fenced vpland wthin two myles of the towne vnyoaked
& vnrunge shall pay 6d a head besides a penny powndage, &
that this order take place the next day following at night.
Bro: Cooper was desired to drive the necke, & he pmised to
doe it.
It was ordred that every man bring in the eare marke of
his swine that so if they should be pownded, they might be
knowne therby, but if the swine e. c. be not knowne therby
they shalbe duely cryed & somtime after they shalbe prised, &
a new & publiqLe marke sett vppon them, wherby the pownder may know them, & yet euery one may see his owne marke
also, & that before any new marke be added or the creature
prized, the approbation of the magistrate is to be required.
It was ordred that bro: Cooper be cryer in the marshalls
stead, in regard that he cannot attend it mranny times because
of prisonrs.
It was ordred that henceforward all dry cattle be kept by a
keeper, (a pticuIr agreement by them at the farmes on the
east side excepted,) although this order passe wthout a fine.
It was ordred that noe man put any oxen in the oxe pasture,
Mr. Evance only excepted who hath liberty granted vppon his
indeavour to keepe them from the cowes.
Bro: Phill: Leeke was desired to keepe an ordynary or
inne, & to pvide for the refreshing of seamen, wch he tooke
into consideration.
Libertie was granted bro: Phill: Leeke to draw wine for
Mr. Malbon, he attending a court order formerly made for
sobryety.
Bro: Peter Browne had liberty to depart the court for the
remaynder of this day.
Jerymy How had libertie also to draw strong watters for




1646]         NEW HAVEN COLONY RECORDS.              241
Mr. Evance & Mr. Gilbert, he attending a formeer order made
for sobryety.
It was ordred that if they that live at the farmes come vppon
trayning dayes by that time the company is in ranke & file, &
before they have moued, it shall not be accompted late comminge.
The choyce of the Artylery company officers was allowed
of.
Bro: Francis Browne, Mr. Caffinch & Goodman Bassett
were dismissed from attending the court, occassions wch were
vrgent calling them away.
[146] llMr. Malbons meddow so called, belonging to Mr.
[ Gregsons 4 M]ir. Wackmans quarters I[t was moved] they
might have a way to their land, and the subburbs desired
the like. Mr. Gilbert, Mr. Francis Newman were chosen as
committees to looke on the way, & one of each quarter was
ordred to goe with them, to propownd their objections to them.
Bro: Phillip Leeke, vppon some pressant occassions, had
leave to dept the court this day, & liberty was given him also
to make vse of a peece of growlnd before his dore, provided
that if it so fall out that the townes occassions require it, he
then surrender it & remove his howseing from it.
It was moved that some place might be fenced in wherein
strangrs horses might be kept, but at present respited.
Mr. Goodyeare & Mr. Robert Newman being desired to goe
to Mrs. Stollion who lyeth very weake & thought her change
draweth nigh, they had leave to depart the court.
It was ordred that whosoener fetcheth fire, or sends for it &
not in a covered vessell, though the fire be denyed them, or
vppon any other occassions they come wthout it, they shall
pay 6d fine; but if they carry any fire away, they shall pay
12d, because great damadg may growe to the towne by slightnesse & carlessnesse this way.
It was ordred that whosoever shalbe fownd takeing tobacco
in an vncovered place, as in the streate of the towne, or in
mens yards, shall pay 6d fine each time, also if onn trayning
dayes, either in the company or the meetinghowse at any
time.
31




242           NEW HAVEN COLONY RECORDS.           [1646
It was ordred that the waights & measures of this towne
bee viewed once a yeare, somtime in September, it being at
their liberty that are to doe it in what part of the month, vnder
the penalty formerly mentioned.
Bro. Jno Mosse, Natha: Merryman, Richard Webb & Wm
Payne were freed from attending the court, to helpe Mr. Malbon get goods ashore.
It was ordered that brother Seely & brother Gregory doe
looke that noe hydes come out of the tanners hands but those
that are well tanned, & that they seale them if they doe allowe
them, & that they have 4d p hyde for veweing & sealing of
them.
The remaynder of the former court orders reviewed were
now read in court.
The order for a come measurer in this towne was repealed.
[147]   AT A COURT HELD AT NEWHAUEN THIS 2d JUNE,
1646.
Mrs. Brewster, Mrs. Moore & Mrs. Leach being warned
about severall miscarriadges of a publique nature, appeared
and were chardged severally as followeth,
Elizabeth Smith late servant to Mrs. Leach, saith that hearinge Mrs. Brewster loud ill conference wth Mrs. Eaton, Mrs.
Moore & her Mrs. as she sate at worke in the next roome,
shee called Job Hall, her fellow servant to heare also, who
could better remember the perticulers of such a conference
then herselfe.
Imprmis, Job & Elizabeth both affirme that Mrs. Brewster
repeating somthinge of Mr. Davenports prayer to this purposse,
Lord add to the church such as shalbe saved & build vpp to
perfection those whom thou hast added; and speakeing of his
sermon said, Mr. Davenport maks the people beleive that to
come into the church is as much as the receiveing of Christ.
Job saith she added, lMr. Davenport carryeth it as if they could
not have salvation wthout comming into the church.  What
concerneth Job in this part of his testimony he gave il
wuiighteing, & affirmed before the magistrates, yet now in




1646]         NEW HAVEN COLONY RECORDS.                243
court was somewhat doubtfull whether he heard the words
from Mrs. Brewster herselfe, or only heard Elizabeth repeate
them from  Mrs. Brewster. His best light, (he said,) serveth
for the former, yet he was loath to give oath therein.  The
court blamed him that he had not better considred this before,
yet wished him to deliver nothing vppon oath but what he was
cleare in.
Mrs. Brewster as before the Governor & Mr. Goodyeare
formrly, so now ill court denyed the chardge.
2dly. Job & Elizabeth affirme that Mrs. Brewster speaking
of somthing Mlr. Davenport had deliuerecl vppon Ephes. 4, 12,
concerning personall faith, that if a maln lived where he might
joyne to the church & did not, it would prove a deluzion to
him.  Job affirmeth that Mrs. Brewster said, when she heard
it her stomacke wombled as when she bredd child, & spake it
twise or thrice if not oftner in refference to the sermon. Elizabeth saith, that twise or thrice she spake to that purpose,
that she was sermon sicke, & that proceeding in conference
she presently said that when she came home she badd her son
mak wast pap of it, wch she the said Elizabeth conceiveth was
spoken in refference to the noats of Mir. Davenports sermon.
Mrs. Brewster denyed these words, sermon sick, or that it
was in refference to the sermon, & those words of making wast
paper &c. but confesseth she said her- stomack wrought, smelling an ill savor in the seate, wherin she gave noe satisfaction
to the court.
3dly. Job & Elizabeth affirme that Mrs. Brewster (in conference speaking of scandelous persons,) asked Mrs. Moore
whether she had not heard for what Mrs. Eaton was cast out
of the church.*  MIrs. Moore asked Mrs. Eaton why she did
not confesse her sinne, Mrs. Eaton answered she had don it,
but not to the churches satisfaction.  Mrs. Brewster said if
Mrs. Eaton had seene her light before she came into the
church she had not come in.
Mrs. Brewster confesseing the former part, saith she remembers not that she spake those words, if AMrs. Eaton had scene' The reader can learn some of the reasons for which Mrs. Eaton was cast out of
the church, (in May, 1645,) by consulting Bacon's Hist. Disc., 296-306.




244          NEW HAVEN COLONY RECORDS.            [1646
her light &c; she hath heard that Mrs. Eaton came into the
church in a hurrey, and went out in a hurrey.
[148]  II 4thly. Job & Elizabeth affirme that Mrs. Brewster
speakeing of the contributions said, it was as going to masse
or going vp to the high alter, & being asked by Mrs. Moore
why she then went to them, she answered, because her husband had comanded her.
Mrs. Brewster denyeth that euer she spake of masse, or high
alter in refference to the contributions, the first time she
heard of the word alter, applyed that way, was in the seate,
Mrs. Lamberton speaking of that text, when thou bringest thy
gift to the alter, but she saith Mrs. Moore asked what rule
there was for going to the high alter in the contributions, but
Irs. Eaton defended the practise of the church.
5thly. Job saith he heard Mrs. Brewster say that Mr. Fugill
being at her howse proffessed vnto her that Mr. Eaton laid one
thing to him well if God should take him away that night, he
did not know it to be soe, Mrs. Brewster added they goe two
and two together, & writt down what scandelous persons say &
soe hurrey them & compare their writeings, & if they find any
contradictions they are chardged for lyes. She concluded, I
pray God keepe mee from them.
Elizabeth remmembreth that Mrs. Brewster said, Mr. Fugill
was chardged by Mr. Eaton wth that he could not remmember
nor owne if he should dye, & that shee concluded, God keepe
mee out of their hands.
Mrs. Brewster denyeth that euer Mr. Fugill told her, or she
to any spake of any thing chardged vppon him by Mr. Eaton
wch he could not owne, but in generall, that something was
chardged wch he could not owne, & she denyeth all the latter
part, going 2 & 2 together, wrighting, comparing, chardging
lyes, & her conclussion from thence.
6thlY. Job affirmeth that Mrs. Brewster asked Mrs. Leach
whether she had any mynd to joyne wth the church, Mrs.
Leach answered, noe, Mrs. Brewster asked whether she had
not formerly had a mynd, Mrs. Leach answered, yes. Mrs.
Brewster replyed, yor mother is a weoman of wisdom, this she
doubled, yor mother is a weoman of wisdome, adding. she can




1646]         NEW HAVEN COLONY RECORDS.               245
teach you well enough at home. Elizabeth remembreth the
question put to Mrs. Leach wth her answere as before, & that
Mrs. Brewster replyed, her mother could teach her, or tutor
her well enough at home, or words to that purpose.
Mrs. Brewster saith she told Mrs. Leach she had heard she
was about to joyne wth the church but now declyned it.  Mrs.
Leach answered, (as formerly to Mrs. Wackman or some other
of the church,) it was because she fownd soe manny vntruthes
among them, but Mrs. Brewster denyeth that shee said her
mother was a weoman of wisdom & could teach her at home.
7thly. Elizabeth saith that Mrs. Brewster being asked by
Mrs. Moore whether she saw the persons whipped for their
vnnaturall filthjnesse about a month since, she answered noe,
but they were cruelly whipped & that her son said he had
rather fall into the hands of Turks, & hath rather be hanged
then fall into their hands.
Mrs. Brewster denyeth that euer she spake of cruelty in
their punishment, she rather thought they deserved more, &
that the censure was mercyfull, nor euer did she heare her son
speake of falling into the hands of Turks, though he spake
somnthinge pytying them that were first corrected & that if he
were fit for death, he would rather be hanged then soe
whipped.
[149] 1I 8thly, Elizabeth saith that onn the fowerth day of the
weeke, before Wm Preston was cast out of the church, Mrs.
Brewster mett wth some sister of the church betwixt her owne
howse & Mr. Leaches, & seing her look sadd, Mrs. Brewster
asked her what was the cause. The sister told her some
passadges of Wm Prestons miscariadges for which the church
was like to proceede against him, Elizabeth sath Mrs. Brewster related this to Mrs. Moore in a scoffing manner, adding in
her speech to Mrs. Moore, I looked pittyfully when I spake
wth the sister, as if I had bin one of them, which Elizabeth
conceiveth she did, to draw from the sister what shee could.
Mrs. Brewster confessed she mett wth Goodie Charles &
spake with her, to the purpose the chardge, (in the first part,)
importeth, but denyeth the latter part, concerninge scoffeing
& lookeing pittyfully, as if she had bin one of them.




246         NEW HAVEN COLONY RECORDS.              [1646
Job & Eliza both say, that Mrs. Brewster vsed to laugh &
scoffe at all the former passadges they have respectively
testified.
9thly. Elizabeth Smith saith, that haveing bin forth & comming in to her Mrs. howse, she heard Mrs. Brewster, speaking
lowd to Mrs. Eaton concerninge banishment, say, they could
not banish her but by a Gennerall Court, & if it came to that
shee wished Mrs. Eaton to come to her & acquaynt her wth
her judgment & grownds about baptizing, & she would by
them seduce some other weoman, & then she, the said Mrs.
Brewster would complayne to the court of Mrs. Eaton & the
other weoman should complayne of her as being thus seduced,
and soe they would be banished together & she spake of going
to Road Island.
Mrs. Brewster confesseth the chardge, but saith she spake it
in jest & laughing, she was told, foolish & vncomely jesting
are sinfull, but to harden one agaynst the truth who already
lyeth vnder guilt, may not passe vnder a prtence of jesting.
1OthlY. Job saith, that the last day of the weeke, being May
the 9th, he was called vpp before Mrs. Brewster, Mirs. Moore
& Mrs. Leach, at Mr. Leaches howse. Mrs. Brewster told him
shee had bin where she had justified herselfe agaynst a great
manny of his lyes & added, she would have him & his slutt,
you & yor harlott, to the whipping post. Elizabeth saith that
she being below in the howse at this time, heard the former
words. Mrs. Brewster spake them soe lowd that, (as she conceiveth,) they might be heard into the midst of the streate.
Mrs. Brewster denyed those words, you & yor slutt, you &
yor harlott, to the whipping post, in refference to Job Hall.
Mrs. Moore & Mrs. Leach being questioned about them, acknowledged such words were spoken, but conceive, yor slutt,
yor harlott, were not reffered to Job Hall, but to them the said
Mrs. Moore & Mrs. Leach, Elizabeth standing in relation to
Mrs. Leach as her servant.
The court thought it scarce probable, the whole speech being
continued to Job Hall, that yor slutt, yor harlott should
be reffered to others, nor is it likly that Airs. Brewster should
cast any appearance of blame vppon Mrs. Moore and Mrs.




1646]         NEW HAVEN COLONY RECORDS.             247
Leach for Elizabeths miscarriadges, as yor slutt, yor harlott
seeme to import.
11thly. Elizabeth saith that onn the same day, May the
ninth, Mrs. Brewster told her that she went about carrying
lyes, to currey fauor to keepe her whores back from whipping,
adding, she would call her nothing but whore and harlott till
she had bin whipped and was marryed, then she must call her
so noe more, & if the fellow did not come home he must take
[150] his monney II if he can gett it, or els he must take it
out in whippinge. Mrs. Brewster further said that Elizabeth
told halfe truthes & halfe lyes. Eliza answered, her halfe
truthes will prove whole truthes.  Mrs. Brewster replyed, will
they so, you brasen facd whore. Elizabeth answered she was
greived for her sinne, & desired to be soe all her dayes. Mrs.
Brewster said, she had gotten a few of the fine words.
Mrs. Brewster denyed the word whore, she said she called
her only harlott, she was told such rayling landguadge was
vncomely & sinfull, Micaell the Archangell durst not carry it
soe wth the Divell, though he had matter enough against him.
12thlY. Job affirmeth that Mrs. Brewster, speaking at Mr.
Leaches howse of a conference she had with widdow Potter
said, she asked her why she was not received into the church
agayne, widdow Potter answered, because she could not leave
Edw: Parker, yet if they could shew her a rule for it, she
would. Mrs. Brewster added, Parker is not vnder scandall,
yet because he gave not satisfaction to the elder, they will not
lett ym marry.
Mrs. Brewster acknowledging the substance of this chardge,
saith that widdow Potter thought the rule they would hold
forth would be against the marrying of him, & she conceiveth
she heard either widdow Potter or Edw. Parker say he had
bin with the elder, but had not given satisfaction in his account, & therfore thought they would not let him marry her.
Edward Parker & widdow Potter being herevppon demanded, before the Governour, magistrates & eldrs, how they vnderstood the churches proceedings, whether the widdow were kept
out because she would not part wth Edward Parker, what reports they had made & to whom.




248           NEW HAVEN COLONY RECORDS.           [1646
They both acknowledged severall conferences betwixt Mrs.
Brewster and them. Edw. Parker saith he told Mrs. Brewster
he did not know whether the church were against the marryadge or not, they did not make the match, nor did they goe
about to break it off, but advized them to walke according to
rule. Mrs. Brewster wished him to take 2 or 3 witnesses &
goe to the magistrates & desire them to marry them, and if
they reffussed it, then before witnesses to take one another &
goe together. Edw: Parker saith he told her lie would not
doe soe, yet she pressed the former advize vppon him 2 or 3
tymes. That she also said the widdow should doe well to confesse in a publik meeting that she had done him the said Edward Parker wronge in what she had said of him, when to
hold forth repentance she confessed her sinne intreating marryadge with him. He further saith that Mrs. Brewster shewed
her dislike of the churches proceedings, & 2 or 3 times wished
him to bidd widdow Potter come to her before she came.
Widdow Potter saith that Edw. Parker told her that Mrs.
Brewster disliked the churches proceedings & desired to
speake with her, after wch widdow Potter going for some
anyseeds, & Mrs. Brewster vnderstanding who she was, she
bad her sit downe, gave her a cupp of sacke & dranke with
her, and as she remembreth, the first question Mrs. Brewster
asked was whj she was not received into the church, her answer, (being sometime in a hurrey of sperit & apt to lay blame
on the church,) might probably bee, she was kept out of the
church because she could not leave Edward Parker, though
now she se cause to judge herselfe for it.
[151]  II The elders severally and severall times haveing
clearly expressed themselues in such manner as might wholy
have freed her from such apprehensions, pressing they concluded nothinge in the case, but advized her to attend and
submitt to rule when it should be held forth, she saith further
that Mirs. Brewster hath often advized her to make an end of
the buisinesse with Edw: Parker in the way she had propownded to him, & told her of 2 partyes in the Bay who had
don soe, Widdow Potter also acknowledged her fault in tellinge Mrs. Brewster the latter part of a speech of 3Mr. Malbons,




1646]         NEW HAVEN COLONY RECORDS.             249
that if Edw: Parker should hange himselfe at her dore she
might have peace in it, but not telling the former speech whrin
Mr. Malbon put the weight, the whole speech running thus,
that she should keepe close to the rule, and in soe doing she
might have peace though he should hange himselfe at her
dore; she saith she concealed Mr. Malbons name, but Mirs.
Brewster wondrd at her speech as she reported it.
Mrs. Brewster said, Edw: Parker & widdow Potter were
hipocrits & she would prove them soe, what they spake was to
currey favor that she might get into the church againe.  She
chardged Edward Parker that comminge from the foresaid
meetinge, he told her the governr, (when he was examjned,)
looked wissly vppon him, as if by Mrs. Brewsters confession
he had knowne all before, and so drew things out of him, and
her mayde being called, spake to the same purpose. Edw:
Parker denyed the chardge as it was layd, & the mlagistrats
and ruling elder then prsent cleared the governr.  Mrs.
Brewster proceeding to perticulers concerning her famylyarity wthi widdow Potter an excomimunicate person, she at first
seemed to justifie it, saying her pastour in England admired
that none of the sisters went to one Mrs. Bennett, cast out of
a neighbour church for obstynacy in error, to reclayme her in
a way of love. The Governr answered her pastour was absent, the court knew not what bee had spoken in the case, nor
on what grownds, but for her to eate, drinke, & to shew such
respect to excomunjeate persons did expressly crosse ye
rule. llerevpon she denyed she had dranke wth widdow Potter. Widdow Potter in court affirmed it, & added Mrs. Brewster drank to her. Mrs. Brewster said she dranke not though
she put the cupp to her mouth, she asked whether any of the
sacke went downe, widdow Potter said, from her carryadge &
outward appearance she apprhended she drunke, but could
not say what quantity went downe. Mrs. Brewster herein
gave much offence to the court, but she proceeding said, she
disliked not the churches proceedings, but had wished Parker
& widdow Potter to attend rule, and for the councell she gave
them that they should goe to the magistrates, & before witnesse desire to be marryed, & if the magistrats refussed, then
32




250           NEW HAVEN COLONY RECORDS.           [1646
before witnesses to take one another & goe together, she said
she spake it in jest & laughed when she spake. Edward Parker confessed she laughed, but said she pressed it vppon him
two or three times. WViddow Potter affirmed the same & that
she gave instance in a couple in the Bay who had don soe.
The court could not allow her answer in poynt of truth, the
evidence was stronge agaynst her that notwithstanding any
laughing or smiyling contenanc, the advize was seriouslie
given & pressed vppon the partyes severally & uppon each of
them severall times, & sett onn from an instance in the Bay.
[152]  IlMrs. Brewster was also chardged that contrary to an
expresse & knowne order made by Newhaven Gennerall Court,
she had retayled wyne both out of dores by forbidden small
parcells, & had suffred workmen  & others to sit drinking
wyne by pyntes and quarts within her howse. She answered
it was when there was noe other wyne in towne, & divers were
either sicke or hadd neede of it. She was answered, she
might have sold a butt or lesse quantity to Goodman Andrewes who was intrusted to retayle & must be accomptable had
there bin any disorder, she replyed he could not make pay to
her content. She added that Mr. Goodyeare, Mr. Malbon &
Mr. Evance, who are of the court, sent to her for small parcells, she hoped they would not lay snares for her. Mr. Goodyeare denyed that he had sent for small parcells. Mrs. Brewster said his wife had don it. Mr. AMalbon & Mir. Evance answered, they had broken noe order in sending & were not willing to send for more then they must needs, on her termes.
It was chardged that she had vsed her howse as a taverne,
suffringe company to come in & spend their money in drinking wine by quarts & pints, she said she had suffred none so
but her workmen, she was answered, she might not suffer
workmen so to drincke, but her answere was not true, as would
bee proued if there were cause, but she seemed to fall vnder
it.
Mr. Malbon informed the court that Mrs. Brewster had said
she would prove him a lyar, which he hoped she could not
doe.
Mrs. Brewster said what she spake was because Mr. Mal



1646j]        NEW HAVEN COLONY RECORDS.              25 1
bon came to her howse and chardged her with things he could
not prove, Mr. Malbon affirmed the matter was true, if there
were any mistake in circumstances, it was not cleare whether
the mistake were in him or Jonathan iRudd.
Edw: Parker said he could take oath Mrs. Brewster said
she would prove Mr. Malbon a lyar, wch being spoken against
a magistrate, without a call, in a whisping way, besides the refference to the ninth commandement, is an offensive, sinfull
miscariadge, against the fift commandemient, but Parkers oath
was not required.
Mrs. Brewster being asked what further she had to say
either for herselfe or against the witnesses, shee was full of
speech, offered to take hold of the witnesses & to draw them to
her, as if she would have over-ruled their testimony; she was
told meeknesse & modesty would better become her in such a
place. In anythinge she doubted or denyed, the court would
tak noe evidence but vppon oath, she seemed to chardge the
court as if she could not be heard, but being reprooued for
such boldnesse contrary to truth, she fell to justifie herselfe
that she approved Mr. Davenports ministry. If some one
tyme he had not expressed himselfe so clearly and fully as at
others she propownded questions for his information, and at
last, going to Mr. Davenports, she was fully satisfied. She
denyed that euer she vsed the words sermon sicke, or masse,
or high alter, in refference to the contributions.  She confessed she had rather have given twice as much in a private
way to pastour or teacher, she went because her husband commanded her, yet afterwards she expresly denyed that her
husband had commanded her.
[153]  II Dyvers witnessing against her therein, she would have
wound herselfe out of the contradiction by saying her husband allowed her to goe, then that her husband wished her to
goe, but she gave noe satisfaction.
Then she laded the witnesses with reproach that she might
disable their testimony, all of them were lyars, Job by his
lying had bin the death of Mrs. Leach her child, wch, (she
not being able to prove,) was accounted a rash or false
chardge.  She saith he was taken in two lyes about her beinge




252           NEW HAVEN COLONY RECORDS.          [1646
sermon sicke, wch he had after denyed, and that Mrs. Malbon
had bin the occassion of his sinne in telling lyes out of dores.
Job denyed the chardge of lying. Mr. Godfrey being called
to it, vppon oath testified, that Job had said he had sinned in reporting things out of the famyly, but Mrs. Malbon had sinned
more in drawing them from him. Job answered that looking
on himselfe as the accuser, he was one while discouradged
from complayninge to the magistrate, but being at Mr. Malbons
howse & Mrs. Malbon questioning with him about the meeting
at Mr. Leeches howse, his owne sperit being then burdened,
he then accounted it a call to speak what he had heard, though
some doubts after returned.
Arthur Holbridge testified he had heard Mr. Leech speake
well of Job, as satisfied wth his service & carryadge. Mrs.
Brewster said Elizabeth was a harlott.  She accused her also
of lyinge, for proofe wherof she brought in Goodwife Elsie,
who testified that Elizabeth had said, that would be the last
weeke in Mr. Leeches service, Phlillip fearing she might hurt
herselfe therin, whereas Phillip had spoken nothinge to Mr.
Leach or to her. Elizabeth replyecl that she spake her owne
apprhensions herin. Mr. Leach witnessed that Elizabeth from
the first entrance into his service, was of a crooked disposition, & apt to speake vntruthes, & when himselfe or his wife
had called her to account for miscarriadges she would seeme
to be affected and promise amendement, but they could never
see much amendement in her.
To all wch the Governor replyed, that the court would duely
proceede against any of the witnesses according to allegation
& proofe in due season. In the meane time he propownded
to the court whether any thing objected & proved by Mrs.
Brewster were of weight against them or any of them in the
cause, or whether they would notwithstanding take their testimonyes vppon oath.
Wch being duely considred, the magistrats & deputjes severally expressed themselves that Mrs. Brewster had proved
nothing to disable any of the witnesses, they were therfore to
give in evidence severally Vppon oath, that the cause might
come to a due issue. And accordingly Job Hall & Elizabeth




1646]          NEW HAVEN COLONY RECORDS.              253
Smith, Edward Parker & widdow Potter, vppon oath testified
all the perticulers they had respectively chardged, in mannr
as is before expressed.  Only Edward Parker & widdow Potter, though they conceived Mrs. Brewster in her course & carriadge disliked the churches proceedings, yet not remembring she had in soe many words expressed it, gave it not in
vpon oath.
[154]   Mrs. Moore appearinge was chardged as followeth,
vizdt.
MIrs. Brewster before the governor & Mr. Goodyeare, first
in a more private way & now in court, in Mrs. Moors presence
witnessed, that Mrs. Moore in confrerence about the churches
course in contributions asked what rule there was for going
to the high alter.
Mrs. Moore at first denyed that ever she spake such words,
yet afterwards seemed to fall vnder the chardge.
Job Hall, servt to Mr. Leach saith, that Mrs. Moore in
prayer wth Mr. Leaches famyly saith, Lord thou hast brought
vs indeede, indeade into a wildernesse, the wildernesse of
Sinaj, where they are in bondadge wth Hagar & her children,
but let never a soule of vs, (speaking of the famyly at prayer
wth her,) have any fellowshipp with them.  She further saith,
when Christ assended, he gave gifts to men, some to be apostiles, some prophets, some evangelists, some pastors, some teachers, but they are gone through the world & are now assended
into heaull. That in opposition, as he conceiveth to Mr. Davenports sermon vpon Ephesians 4, 11 verse, she added that
night in prayer, that now pastours & teachers are but the
invention of men. That in conference with Mrs. Brewster
she said, a vayle is before the eyes of mjnsters and people in
this place, & till that be taken away, they cannot be turned
to the Lord. He saith further, that Mrs. Moore vseth to
expresse content & satisfaction when Ar. Davenport holdeth
forth the exellency of Christ in his ministry, but she saith
she loveth not to heare him presse for practise.
Elizabeth Smith late servant to Mr. Leach saith, she remembreth the substance of what Job saith & affirmeth, but not all




254            NEW HAVEN COLONY RECORDS.            [1646
the perticulers.  She witnesseth that in prayer Mrs. Moore
saith, this people are lik the people at Sinaj vnder bondadge, &
prayeth that the Lord would take the vayle from their eyes,
(in conference wth Mrs. Brewster she hath spoken of a vayle
before their eyes.)  That Christ gave some to be apostles,
some profets, some evangelists, some pastors, some teachers, &
that when he ascended he gave gifts to men. But now pastors & teachers are but the inventions of men. It is impossible they should have gifts. & that in the famyly they observe
that Mrs. Moore is pleased when Mr. Davenport in his ministry sets forth the exellency of Christ, but she loveth not.,to
heare him presse for practise.
Mrs. Moore denyed the chardge.
Thomas Kimberly saith that he being in conference with
Mrs. Moore, she asked him what rule they had for church officers now, he answered from Ephesians 4, 11 v. that pastors &
teachers are appoynted for the work of the ministry, & that
Christ hath promised his presence & blessing to them  therin,'
Math: 28. 20. v. Mrs. Moore replyed Christ was with the
apostles to the end of the world, his promise is fulfilled &
ceaseth, she told him he did depend on the interprtacon of
men. Thonm Kimberly asked her whether she tooke the end
of the world in that promise to refferre only to the places
through wch they should travayle. she answered yes, or to
that purpose.  Thomas Kimberlye sayinge he vnderstood it
to be an incouradgement to the apostles & to those that should
succeede them in the teaching offices till Christ should come,
she agayne told him he did depend on mens interprtations,
adding, I warrt you take the angells to be men & church officers, he answered he did take those angells mentioned Revel[155] lation, chapt. 2d & chapt. 3d to be men Iland officers to
the seaven churches of Asia; she a third time told him he
tooke the interprtation of men.  She quoted that scripture,
He hath made his angells ministring sperits, & for exposition
& confirnmation, alleadged that of Christ, a sperit hath not
flesh & bones; it could not therfore, (she said,) be spoken of
men as officers to those churches, and added, if he could shew
her owne place of scripture for it she would beleive. Tlhom




1646]          NEW HAVEN COLONY RECORDS.                255
Kimberly advized that if, out of tendernesse of conscience, she
scrupiled these things, she should attend the best light; the
priests lipps should preserve knowledge &c.  She answered in
a great rage, she would goe to none of them all for ally truth
of her salvacon, she was as cleare as the sunne in the firmament, & if he were not soe, she would speake noe more with
him.  After this Tholn Kimberly went agayne to deale with
her about her error in the poynt of church officers, but she
drew backe & would not heare him, giveinge only this answer,
if she were in an error it wtas to herselfe, he had noe authoritye to examine her about it.
Mrs. Moore denyed that euer she said, pastors & teachers
are the inventions of men, she told Thoml Kimberly she would
conceale her judgmt.  She acknowledged Christ was present
with the apostles in their travayls to the end of the world,
according to Mathew 28. 20. v. but for any other meaninge
she dependeth not on mens interpretations, and  she conceived those angells of the 7 churches to bee sperits, & not
teaching officers. She alleadged Psalme 104. 4. & Hebrewes
1. 7. 14. v.  Thom Kimberly said, he had told her there were
2 sorts of angells, some sperits, some in flesh, Mrs. Moore,
said he, pished at it.
The Governor told Mrs. Moore she was full of error notwithstanding  ye scripturs, Angell is a name of office, signyfies messengrs, & may be applyed either to those glorious sperits his messengrs. Psalm  104. 4. or to men whom  God imployes in such service, as in the  levellation.  Christ was
indead with his apostles in their worke through all their travells, & they travelled farr, yet could not goe into euery part
or country of the world, probably they were never in this
lardge tract & part of the world, called America. The promise is therfore of a lardger extent, that he would bee with
them & their successors, such as in all ages & places he should
imploy & send vppon the great messadge & buisjnesse of mans
salvatio to the end of the world; had she kept her error to
herselfe, herselfe only had bin hurt, but it is not to be suffered
that she should blaspheame & revyle the holy ordynanses of
Christ & the church & people of God, that she should, as




256            NEW HAVEN COLONY RECORDS.           [1646
much as in her lyeth, by spreadinge her errors corrupt others
& disturb the peace of the place.
Mrs. Moore againe denyed the chardge, & perticulerly that
euer she said, pastors & teachers were the inventions of men.
She affirmed herselfe to be a member of a church, she was
asked of what church, but made noe reply. She was told that
by three witnesses it is affirmed she had vppon severall tymes,
& vppon severall occassions said, that pastours & teachers are
the inventions of men, &  against one of the witnesses
[156]  lishe could have noe just exception, he is of approued
fidelity, she said Thomn Kimberly had revyled her, but though
demanded, shewed not wherein. Tholn Kimberly denyed it,
& Mrs. Leach, daughter to Mrs. Aloore, who had bin present
at their conference, beinge asked, said, she knew noe such
thinge. Herevppon Leiut Godfiry who had lodged & dyeted
at Mr. Leaches, & was brought in (this court) as a witnesse
concerning Job Hall, was asked what he heard Mrs. Moore say
about pastors & teachers. HI-e affirmed that in opposition to.
Mr. Davenport, Mrs. Moore, in his hearinge, had said, that all
those to whom Christ gave gifts are dead, & that now pastours
& teachers are the inventions of men. Mrs. Moore asked him
where she spake it, lie answered, she spake it in AMr. Leaches
parlour.
Mrs. Moore was told that the evydence was full & perticuler,
& suffitient to convince her, yet since she seemeth not satisfyed, the court, (as in such cases,) would require oath, & accordingly Leiut. Joseph Godfrey, Thom Kimberly, Job Hall &
Eliza Smith, vppon oath testified what they had severally
affirmed.
Mrs. Moores daughter Mrs. Leach, being chardged, that
vppon a question or conference about joyning with this
church, she had said to Mrs. Brewster, (as formerly to Mrs.
Wackman or some others of the church,) that she somtilme
had a mynd to joyne, but now declyned it, because she fownd
so manny vntruthes amonge them.
The Governr asked what she said to the chardge, she
readyly owned it, confessing she had said soe. Being demanded




1646]         NEW HAVEN COLONY RECORDS.             257
what moued her to lay such a slanderous reproach vppon a
church of Christ desiring to walke vprightly, & to goe from
one to another with such a slaunder, she boldlye answered.
She was told it was a cleare evidence of the churches integryty,
that they could not beare with them that are evill, that as
they are able they keepe their watch, exhort & censure according to rule, that vppon such a grownd any might have
declyned Christs famyly, because there was a theife, a divell
in it, & might have reproached that primitive pure church at
Jerusalem, because Ananias & Saphira were fownd out & punished for lyinge. Such discoverys & censures did & ought to
restrayne the presumption of hipocrites, but beleivers were the
more added, and the people saw cause to magnifye such a
church, Acts 5, 13, 14.
Mrs. Leach neither excussed nor replyed, but as guilty
seemed to take tle weight of the chardge vppon herselfe, &
continueing in Court, spake vncomly for her sex & age, and
once falsly chardged the witnesses with contradiction, when
there was noe appearance ordisagreement betweene them, soe
that her carryadge offended the whole court.
These 3 causes being thus opened, & proofe thus made, were
all ready for censure, but vpon consideration of the nature &
weight of the offences, the magistrates & deputyes conceived
they were all proper for a higher court. By order therfore
sentence was respited & refferred to the court of magistrates
for the jurisdiction.
[157]  II Edward Parker was complayned of for going vp &
downe spreading false reports to the defamation of Mr. Richard AMalbon,  Magistrate, in saying that greater then Wm Preston lately cast out of the church for lyeing, should shortly be
called in question for neglecting to take knowledge of the
drunckenesse of the boatswayne of the Adventure, and saying
vnto him  the next day after, that he would not for tenn
pownds any had scene him as he did the last night. And this
he reported vnto Robert Emery & Mary Emery his wife, who
lived at Mr. Malbons farme & now testified the same in court.
Wheras in truth, as was testified by Air. Malbon, he seeing
him the night spoken of runne in hast & it being darke, did
33




258           NEW HAVEN COLONY RECORDS.           [1646
not thinke whom it was till he was past hm, & to his observation he reeled as he went, but soe soone as he saw hm the next
day, he asked him whether he mett him not, & in what case
was he in, the boatswayne answered, in good case. Mr. Malbon replyed that if he did miscary in this place he would feele
the smart of it. But the former report being spread by Edw.
Parker who said he was told so by Jonathan Rudd, who was
told so by the boatswayne & he told Samuell Daighton. Mr.
Malbon going to cleare it to Jonathan Rudd, Jonathan Rudd
afterward told Edw: Parker Mr. Malbon went to cleare
hmselfe, but to abase hm. But Mrs. Brewster hearing of it,
Edw. Parker said, I had rather be questioned by any boddy
then her, for she hath a notable patte.
Furthr, Edw. Parker going to Mrs. Turnrs from Mr. Malbolls where he had killed a very fatt oxe, tells MIrs. Turner
that Mr. Gregson was playne downright, but Mr. Malbon kept
the best & gave the seamen the worst of his oxe, Mrs. Turner
questioning him about it the day following, he told her she
was a cunning weoman. But Mr. Goodyeare testified, the
worst bit of that was better then the best of most. Mr. Malbon testified the oxe had bin two yeares a fatting, and haveing
filled his tubbs, he was contented to spare the seamen of that
wellh was left, & after the boatswayne had seene it he said he
would have it, but he never did as Edw. Parker reported, by
his faire tongue prevayled wth them  to take it. Goodmn
Walker testified that he went into the cellar wth the boatswayne to shew him the meate, & did shew himselfe willing in
his hearing to have it.
Mary Pery testified that they were told that if they liked it
not they should leave it, & that she had had some of the
shoulder & it was very good meate.
Edw. Parker fell vnder that speech of his wherin he had
said Mr. Malbon by his faire tongue had prevayled with them
to take the beefe, & for his defaihing of him, & by his false
reports seekeing to take away his good name, as the breach of
the 5th and ninth commandemts, submitted himselfe to the
court. The centence of the court was that he should pay five
pownds as a fine to Mr. Malbon for his defameing of him, &




16436]        NEW HAVEN COLONY RECORDS.                 259
be imprisoned the courts pleasure.  Mr. Malbon informed the
court, vppon Edw. Parkers petition to the court for release
from imprisonmt and further acknowledgmt of his evill wth
more answerable affection, that he would not inrich hmnselfe
in this way, but remitted freely the fine, & the court freely
released him from his imprisonment, vpon hopes of this being
a warning to him how he transgresse in the lik kind, for if he
did, it would not passe so easylije.
Phillip Galpin and Elizabeth Smith,' standing guilty of fornication and defyling themselues, wch was the breach of the
7th commandement, both fully acknowledged it & their sinne
in it, & expressed their sorrow for it.  The centence of the
court was, that both of them  should be publiquely whipped,
Phillip at present, & Elizabeth being now wth child, the execution of the centence was respited vntill she was deliuered.
[158]  11 Samuell Swayne complayned of Mr. Mullyner for
neglecting of traynings, watchings & bringing of his armes
when it was his turne one the Lords days.
Mr. Mullyner acknowledged he had neglected it & pleaded
he had not done it in Newhaven nor in the Bay, but for what
has bill done by him  he submitts to the court & promiseth
amendement. Samuell Swayne desired the jugment of the
court for the time that is past, & that he be ordred for the
time to conme.  The court agreed that he doe the service for
the time to come, & for what is past the court will further
considr of it.  Samuell Swayne desired to know whether all
from  16 to 60 should trayne, if they had bine magistrats
elswhere.  The Courts answer was that it was meete to be
respited vntill the next Gennerall Court for the jurisdiction,
provided they be all furnished with armes.
Ried Pery, Plant.
Luce Brewster def.
[The remainder of this page and also pages 159 and 160 are blank.]
W In the margin, " Phillip Galpine and his wife."




260           NEW HAVEN COLONY RECORDS.             [1646
[161]  AT A COURT OF MAGISTRATS HELD FOR NEWHAUEN
JURISDICTION JUNE 4th 1646.
Wheras Thomas Fugill vpon complaynts from  the genll
Court at Newhaven, was two monthes since summoned to this
Court of Magistrats to answere severall miscariadges & offenses
chardged onn him, but then through indisposition of boddy,
(as was proffessed,) he could neither appeare nor give an answere as the case required, and since, the said Thom Fugill
hath bin selling off part of his goods & hath expressed some
purpose of a voiadge or remove; vpon a motion made this
day by Mr. Wackman, the court sent Mr. Francis Newman
and Mr. Gibbard to the said Thomn Fugill requiring him, either
by himselfe or by his deputy, to make his defence, & had this
returne from him, that being still payned in his head, he could
neither appeare personally, nor was he prepared to answere by
any other, if the court would proceede he should submitt, but
wished them  to looke to their evidence; wch answer was
thought overbold & vncomrly for a man vnder such apparent
guilt. It is therfore ordered, and by this Court hee is required, that he neither proceede further in sale of his goods
or estate, nor remove from the plantation, till (as before) he
either answere the court of magistrats, or Newhaven court,
wth such magistrats as they shall call in to asist them, for his
severall miscarriadges, if hee doe otherwise, the court shall
take it as a contempt and proceede accordinglie.
AT A COURT HELD AT NEWHAUEN THIS 7Th JULY, 1646.
James Steward for a defective worme & scourer was fined
5s, he haveing deluded the officers wth another mans armes
when his owne were defective.
Mathew Row for laveing a foule gunne was fyned Is. AMr.
Peirce wanting a rest fined Is.
Roger Knap for wanting bullets, scourer, belt & rest, fined 5s.
Edw. Parker defective gun & touchole fined 1s. Robert
Preston defective gunie & wanteing a scourer fined 2s.




1646]         NEW HAVEN COLONY RECORDS.            261
Jno Benham for a foule locke fined 1s. Edw. Chipfeild
haveing a foule lock, wanting a pownd of bulletts, haveing
often vsed meanes to have bin better provided was fined Is.
J11o Kimber wanting bullets filled 1s. Wum Pert haveing a
foule gune & wanteing a new touch-hole was fyned is.
Ricd Newman, Fran: Browne, Robert Vsher, Wm Bassett &
Thom Beech for their defects in their guns, fyned 1g a peice.
Geo. Banks fined is for want of a belt.
Sam. Wilson defective cock of his peece, & his bandeliers
wanteing covers was fined 5s.
Benjamin Wilmott defective sockett & bullets, fined 1s.
Jam. Heywood wanting match, fined Is. Mihill Palmer
wanting worme & scourer, fined 1s.
John Morse beinge bidd to walke the rownds on a Lords
day, came into the meeting howse & stayed there, so that the
service was neglected, fined 10s.
James Steward was complayned of for severall disorderly
expressions and contempt of the magistracye in this place.
James Steward haveing bin prest by Mr. Malbon for to help
mend some of the towne highwayes, vpon the intreaty of Mr.
Newman & Mr. Crayne, hee at first grumbled at it, at length
said he would chuse his time if he went, however vnwilling he
was to goe, although others had expressed themnselues willing
as much strejtned as himselfe, but being told that if he went
not it would bee accomted a contempt, then he said he had noe
tooles. Mr. Tuttle tendred the lending of him tooles, provided he would make them good, his answere, as Mr. Tuttle
testified, was that he would not come into their claues or
pawes.
James Stewards answere was that he being charged by Mr.
Malbon to attend the service, he wondred whj himselfe more
then other freemen should bee pressed, but howsoever, he
sought for Luk Atkinson to have gon in his roome, but he
would not mak good tooles, but he intended seing he could
not get Luk, to have gon, but it rayned.
John Coop being wth Mr. Tuttle one morning at the gate,
James Steward came along wth his cattle, & said what must I
help you work? then Jno Coop said, you must help the towne.




262           NEW HAVEN COLONY RECORDS.           [1646
James answered he was vnsetled & wanted tooles, Mr. Tuttle
offred hli  tooles, but if he brak them he should mak them
good, he said noe lie would not nor come in their pawes or
clawes, wherevpon Mr. Tuttle told him he must make good
the tooles. Jno Coop added, whn it left rayning othrs came,
as Jno Kimber & others, but not himeself, & next day would
not, could not, if had not 6s p day, & he told Roger Knap he
was a foole to goe so easylie.
[162]  1i The centence of the court was, that for his contempt
of the surveyors, magistrate & magistracy, he should pay five
pownd as a fine, & be imprisoned the courts pleasure.
Edw. Parker & his wife prsented their desires to the court
to invest Jno Potters two sons in the right of their fathers land
& howse, & declared themselues willing to bestow a hejfer of
a yeare old on Hannah, & deliuer it presently for her vse, &
so to be improved as a stock for her, &c. as F a perticuler
writting in the hand of the secrettarie, made & signed by both
of them before the governour, deputy governour, & magistrate.
Pawquash a Quillipiock Indian was first complayned of for
leaveing open the Oystershelfeild gate, & damadge being done
therby refussed to give any satisfaction.
Secondly, he about 4 years since came into Mr. Craynes
howse when they were blessing God in the name of Jesus
Christ; and that he then did blaspheamously say that Jesus
Christ was mattamoy & naught, & his bones rotten, & spake of
an Indian in Mantoises plantation assended into heaven, wch was
witnessed by Mr. Crayne, Mrs. Crayne, Mrs. Ling, Wm Holt,
Goodie Camp. The sentence of the court was the lie should
be searverly whipt for thus scorning at Or worshipping God &
blaspheame the name of our Lord Jesus, & informed hm that
if he should doe soe hereafter or now, it had bin against the
light he now has, it would hazzard his life. And for the
damadge by meanes of the gats being left open, he was to pay
5s to Thom Knowels.
Thomas Fugill appearing now before the court, was first
desired to give answere to the court whj he had soe long held
them vnder delayes; his answer was, that it was true he had
bin sent for oft, but although it might be conceived he was able




1646]         NEW HAVEN COLONY RECORDS.            263
to come, yet his boddyly weaknesse was such & soe great that
it hindred him, & that once he attempted to put forth nature
to the vtmost & he had smarted for it.
Secondly, he being sent for the last court of magistrats
sitting, & he returned this answer by Mr. Fran: Newman &
Mir. Gibbard, that if they pleased to pceede, he was not prepared but wisht them look to their evidence, wch was thought
too bould an answer; he denyed it, wherevpon Mr. Fran:
Newman & Mr. Gibbard informed the court it was truth, &
that they were far from making the most of it, for they told
not wth what frame of sperit he expressed himselfe.
Thirdly, that after an order left wth you, made by the court
of magistrates, wherin hee was ordred to sell nothing vntil he
had attended the court, yet he had gon about to sell somthing
since, wch he acknowledged true, he had treated wth old
Goodman Wilmott about some swyne.
Fourthly that this day he sends a noate to the court, &
cometh not himselfe nor sends a deputy. Thomas Fugill answered he was vnder two heavye sensurs. First, the losse of
his place, 2dlY, the centence of excoffunjcation. And for the
vnrighteousnesse_ he stands chardged wth, in taking in & detayning of land vnder the West Rocke wth was not his owne,
but the townes, he said he did it not wth any intent to deceive
the towne, & that land was not judged worth more then 12d
an acre. Secondly for the chardge of falsifyinge orders, he
expected not to have bin questioned about it, therfore he is
not provided for it. He being asked by Capt. Astwood, why
he was not prpared to give answer to the 2d thing, he answered he vnderstood not; and added, he did not add those words
in the great book chardged to be don by hm, since Mr. Cheevers read the order, however he fayled in putting in, wthin the
2 myles, & said he neur said to any, it was a bowndlesse ordr,
because it is said, as much as he desires.
The plantifs desired the court the overplus of land might
returne to the towne, & his proportion kept wthin the two
rivers & wthout the two myles.
[163]  The centence of the court was, l[that for his vnwrighteousnesse in taking in & detayning of the townes land, and




264           NEW HAVEN COLONY RECORDS.           [1646
falsifyeing of orders, & his contempt of the court, Thomas
Fugill should pay 201 fine to the towne, and that the land be
reduced to its dew bownds, according to the first grant,
namely, betweene the two rivers and wthout the two myles.
It was ordred vpon Edward Hitchcocks informing of the
court that the time was out that he was to enjoy Goodman
Budds meddow, Mr. Francis Newmn & John Cooper be vallue d
what the grasse is worth & that it be accounted for in rates.
AT A COURT HELD ATT NEWHAVEN THE 4th AUG. 1646.
Henry Lindoll informed the court that Wll" Ball had told
him that his peice was chardged, & he blowing through it,
went & knoct it, & out came 4 bulletts, but he fownd noe
powder. Jerymy & Thomas Osborne affirmed that there was
noe powder scene to come out of tile peice. Richard Fydo
informed the court that Wm Ball told him laughingly, that
he knew there was noe powder in his gune.
For weh guilfull carriadge of his & vntruth vnto the mr of
the watch, Win Ball was fined 40s & to pay the chardges of
them that have attended vpon the court.
Whereas Benja: Hill, formrly warned to the court & appearing not, was entred a contempt, the mr'shall not being cleare
he gave him meete warning, the contempt was taken of, & lhe
fined for his defective scourer 6d.
Rich Perys action wth Goodmn Bishopp was refferred vntil
next court.
Joseph Brewster absent on a trayning day, was fyned 5s, &
for want of a worme & scourer 12d.
Jno Thomas, gun being defective, was fined 1s.
Wm Blayden complayned of by the mrshall for nonepayment of his fines, it was ordred that he pay them by the next
court, & if he did not a stresse should be made.
Mr. Joshuah Atwatter desired the justice of the court about
some nayles that Thom Robinson had stole from the shipp,
ViZd 161b - at 8d 4P lb. Ordred by ye court that 1ts more then
2




1646]              NEW  HAVEN  COLONY  RECORDS.                      265
the nayles bee stopt in  the treasurers hands vntil hee shew
cause to the contrary.
The mrshall informed the court that he had sent vnto  Geo.
Ward for his fyne & his answere was, that for the present he
knew not or could not tell what answere to send. It was
ordred he should be warned to attend the next court.
AT A GEN11 COURT HELD  AT NEWHAVEN THIS 16t1 AUG. 1646.
Brother Benham   &  bro. Glover had  liberty  to dept the
court.
The former order about swine was confirmed.
A protest from  the Dutch Governour' was read in court, &
"The protest came in Lattyn, the contents in English are as followeth,
Wee Willyam Kieft, Genrall Director, & the Senate of New Netherland, for the
high & mighty Lords the States of the United Belgicke Provinces for his excellency
the Prince of Orange & for the most noble Lords the Administratrs of the West India
Company, To thee, Theophilus Eaton, Gournor of the place by us called the Red
Hills in New Netherland, (but by the English called New Haven,) we give notice,
That some yeares past, yours, without any occasion given by us, & without any
necessity imposed upon them, but wthl an unsatiable desire of possessing that wch is
ours, against our ptestacons, against the lawe of nations, & against the antient league
betwixt the kings matie of Great Brittaine & our Superiors, have indirectly entred the
lymits of New Netherland, usurped diurs places in them & have beene very injurious
unto us, neither have they given satisfaction though oft required. And because you
& yours have of late determined to fasten your foote neere Mauritius Ryver in this
Province, & there not onely to disturbe our trade of noe man hitherto questioned, &
to drawe it to yrselves but utterly to destroy it, we are compelled againe to ptest &
by these prsents we doeptest against yU as aginst breakers of the peace & disturbers of
the publique quyet, that if yU doe not restore the places yu have usurped & repaire
the losse we have suffered, we shall by such meanes as God affoards, manfully recour
them, neyther doe we thinck this crosseth the publique peace, but shall cast the cause
of the ensuing evill upon you. Given in Amsterdam Fort Aug. 3. 1646. new stile.
WILLYAM KIEFT.
"The answer was returned in Lattin to the sayd ptest, the contents as followeth,
To the Right Worll Wm Kieft, Gournor of the Dutch in New Netherland,
Sr. By some of yrs I have lately receaved a ptest under yr hand dated August the
3d 1646, wherein yU ptend we have indirectly entred the lymitts of New Netherland,
usurped diurs places in them, & have offered you many inuries; thus in genrall & in
reference to some yeares past, more particularly to the disturbance, nay to the utter
destruction of yr trade, we have lately set foote neere Mauritius Ryur in that Province.
We doe truly pfesse we know noe such Ryur, neither can we conceave what Ryur
y, intend by that name, unlesse it be that wch the English have long & still doe call
Hudsons Ryur. Nor have we at any time formrly or lately entred upon any place to
wch yu had or have any knowen tytle, nor in any other respect beene inurious to y,.
It is true we have lately upon Paugaset Riur, wch falls into the sea in the midst of
34




266                 NEW  HAVEN  COLONY  RECORDS.                        [1646
an  answere  to the same sent, and  directions  given  to  them
that keep the trading howse. And it was fully & satisfyeingly voted, that the  court would mak  good their titles here,
&  at the trading howse, & leave  the  issue of things to  God,
whateuer they may bee.
Nehemiah Smith's request was read, vizd.
These are the propositions I thought meete in wrighting to
propownd to yor worPS, vpon wch I desire land,
First, that I might have for myne  owne propryety 20  acr.
of vpland &  10 acr. of meddow.
2dly, that I might have it vpon that hill where I have made
a sheeps penne, of the south side of the hill of Mr. Malbons
cove, because the sheepe may have the ayre of the sea in the
summer time, lyeing  4  square  by reason  lesse chardge  will
fence it.
3dly, also I desire when the sheepe doe returne, I may have
20 acr. more of vplandcl, & 10 acr. of meddow, for wthout 20
acr. of meddow  I can doe noe good wth keepeing  the sheepe.
these English plantacons, built a small house within or owne lymitts, many miles, nay
leagues from the Monhattoes, from yor trading house & from any part of Hudsons
Ryur, at which we expect little trade, but can compell none. The Indians being free
to trade wth y',, us, Conecticaut, Massachusets or wth any other, nor did we build
there till we had first purchased a due tytle from the true proprietors. What inuries &
outrages in our psons & estates, at the Manhattoes, in Deleware Ryur, &c. we have
receaved from yU, or formr letters & protest doe both declare & pve, to all wch yu
have hitherto given very unsatisfying answers, but whateur or losses &s sufferings
have beene, we conceave we have neither done or returned any thing, even to this
very day, but what doth agree wth the lawe of God, the lawe of nations, & wth that
antient confederacon & amity betwixt o' superiors at home. Soe that we shall readily refer all questions & differences betwixt yu & us, even from first to last, to any due
hearing, examination & iudgemt, either heere or in England, & by these psents we
doe refer them, being well assured that his Matie, or Souraigne Lord Charles, King of
Great Brittayne & the Parlyament of England now assembled will mayntaine their
owne right & our iust lyberties against any whoe by uniust incrochemt shall wrong
them or theirs, and that yor owne principles, upon a due and mature consideracon,
will alsoe see & approve of the righteousnes of or pceedings.
New Haven in Newe England                                        T. EATON.
Aug. 12th 1646. ould stile."
Records of the United Colonies, Sept. 1646.
Van der Donck, as cited by O'Callaghan, Hist. N. Netherland, i. 3765, says in allusion to this post, " The English of New Haven have a trading post on the east or
southeast side of Magdalen Island, not more than six (Dutch) miles from the North
River; for this island lies towards the upper part of the North River, twenty-three
(Dutch) miles and a half higher up than Fort Amsterdam, on the east bank."  Magdalen Island is on the east side of Hudsons River a little below Redhook, upper landing, Dutchess county, N. Y.




1646]         NEW HAVEN COLONY RECORDS.             267
Also that it may be the hithermost of the Oyster River, & yt
I may cutt timber for fenceinge vpon the common, by reason
there is litle timber besides walnut vpon that land,
[164] liThis being granted, I shall doe what I am able for
the keepeing the townes sheepe & the good of them. This
I desire may be granted as speedyly as may bee, that I may
provide for them against they come.
Nehemiah Smith.
The abovesaid request of Nehemiah Smith was granted to
him according to his propositions in the close of his wrighteing
if it be accepted.
It was ordred that the surveyour should runne the lyne on
this side Mr. Davenports farme, from the stone, east & by south
120 gr. parrallell to the other.
Mr. Davenport propownded that men would sow one & the
same grayne in their quarters, wch was respited.
Mr. Gibbard & Mr. Francis Newman informed the court,
that for Mr. Gregson's & Mr. Wackmans quarters highway to
their meddowe, wch is in that place called Mr. Malbons meddow, the way vnder the rocke they apprehend is best & meetest, although not without inconveyniency to the subburbs
quarter, & deviding their lands, wch was respited to further
consideration.
AT A COURT HELD AT NEWHAVEN THE 1 SEPT. 1646,
Bro: Edw: Wigglesworth hath sould his. howse & home
lott vnto Samuell Wilson.
Mr. Francis Newman hath sold his howse & home lott, 13
acr. vpland wthin two myle, & 4 acr. meddow vnto John
Herryman.
Bro: WTll Fowler informed the court that his bro. John
Caffinch had taken vpp a horse of his & did denny to deliuer
him vnto him, but said it was his. Wm Fowler brought Mr.
Pell, bro. Myles, Richd Marden & Mr. Gilbert, who informed
the court they tooke that horse to bee Wm Fowlers, vppon severall grownds.
Mr. Caffinch affirmed the horse was his, and brought Mr.
Newman?, Ricd Smolt, John  Guerusie and Jn~o Downe to




268            NEW HAVEN COLONY RECORDS.            [1646
informe the court that the horse was Mr. Caffinches vppon severall grownds, wth much confidence; at length it was respited
vntill further light, none of either syde being cleare enough
to make oath.
Richard Marden being fownd asleepe at the watch-howse
dore fyned 5s.
HEen. Bishop haveing ihl court chardged Ricd Pery with
takeing a false wrighteing from Goody Ball & presented it in
court, wch Ricd Pery apprehended a slander.
Richard Pery said that at his first goeing, he writt the
wrighteing mixed wth some characters, & writt it as his owne
words, but his father' desiring him to wright it out playne
& considering that she related the story as Susans, he then
write it as Susans, & then he went againe & desired
Goody Ball to set her hand to it; he pulled out the wrighteing & began to read, & desired her to deale truly, for somthinge shee told him  concerning her bro. Russell, he fownd
was not soe. Goody Ball propownded a question, is such a
thing in; what it was he had forgott, but he told her it was
nott.  Saith Henry Bishop, is it not? then I will say the
wrighteing is not true.
Goody Ball saith that that wch was left out of the wrighteing was, that Mrs. Eaton denyed, & he writ she had not done
it.
Further Ricd Pery said he did not present the wrighteing
to the court, but left it at hom, as he told his wife he would,
& that because he would not lay himselfe vnder a temptajon,
& he said, indeed last court he had it in his pockett, but it
was his error & mistake.
The Gor said, Hen: Bishopp, the theing is whether you made
a right chardge in saying he presented a false wrighteing to
the court.
Hen. Bishop said he should prove that he said he had a pap
in his hand & said, here is her testimony.  Goody Ball testified that when she was speakeing Mr. Pery had a pap in his
hand & said here is her testimony, I took from her mouth.
-i. e. Mr. Malbon.




1646]         NEW HAVEN COLONY RECORDS.             269
Mrs. Brewster said when Goody Ball was about to speak,
Mr. Pery said, (haveing a pap in his hand,) here is her testimony. Mrs. Russell saith to the best of her remembrance,
when her sister was speaking, Mr. Pery said, here is her testimony, holding vp a pap in his hand. Mr. Cheevers said there
were such passadges of Mr. Pery in court. John Nash said he
was in the court & neare Mr. Pery, & I saw not nor heard
such words of Mr. Pery. But the Gor said thus to Goodmn
Bishop vpon his speech, why doe you say soe, seing there is
noe pap prsented presented to the court. And there was noe
reply made.
[165]  lIThe second part of the chardge was, Goody Ball
saith that Mr. Pery writ that Mrs. Eaton had not lyen wth
the Governour, when he should have writ that she denyed as
she said. Allen Ball saith that at Mr. Pery's second coaiing
he said that he had said it to severall that Mrs. Eaton denyed
to lye wth the Govrnr, but that would nothing advantadg
Mrs. Brewster. Dorithy Ball saith that Mr. Pery said, he
would not denny that he said she denyed to lye, but if any
said that he said she denyed conjugall fellows, he must have
put ym to prove it.
A wrighteing taken by Mr. Malbon from Allen Ball was
read in court.
Before they took oath the Governour told them the waight
of an oath & wished them to be wary in it. Vpon some
speech of Mr. Pery's, the elder & Mr. Cheevers were sent to
Mrs. MalbonA & Mrs. Malbon, to know if they had anything to
except against the witnesses. They returned this answere.
Mrs. Pery gives two reasons why her oath may not be takn,
first because she did not deliuer it so in court, 2dly because
she hath heard she will affirme a thing & deny it againe presently.
The court declared that they saw not that in what had binne
said wch should hinder their testimonys, although Mrs. Malbon hath jealouzyes that she will speak vntruth, yet can prove
nothing to disable her testimony.
E A slip of the recorder's pen for " Mrs. Pery," as the context shows.




270           NEW HAVEN COLONY RECORDS.           [1646
Allen Ball testified vppon oath, that his wife & Susan &
Mr. Pery, being in the pynace, they were speakeing they mrvelled such reports were in the Bay about Mrs. Eaton, his wife
answered she thought they were false; saith Susan, Mrs.
Eaton would not lye wth her husband since she was admonished, but caused her bedd to be removed to another roome.
but Mr. Pery writ, they lay apt, & left out, she refused, as his
wife had said. And this he acknowledged afterward.
Dorithy Ball testified vpon oath, that Susan said that Mrs.
Eaton would not lye with the governour since she was admonished, but caused her bedd to be removed into another roome;
so she told Mr. Pery, & he write they lay apart & left out she
denyed, & acknowledged when she came afterward that he
had left out refuse, & writ lay apart.
The centence of the court was that the cause must goe
against Mr. Pery, & he must pay the chardge of thle court &
thle damadge of Hen: Bishop's attendance & his witnesses,
wch the court conceives from Henry Bishopps owne words to
be 10s. Allen Ball saith that the first time Mr. Pery was not
chardged wth the thing in refference to Susan, but to himselfe, but the second time hee writt it in refference to himselfe.
AT A COURT HELD AT NEWHAVEN THE 6th OF OCTOBER, 1646.
Mr. Wm Tutle & Jeremy Watts complayned off for sleeping
at the watch-howse. Mr. Tuttle said he was overcome, &
Jeremy being centinell, sat downe onn the threshold & slept,
but confesseth his fault & hopes it shalbe the last. Mr. Tutle
was fined 2s 6d & Jeremy Watts was fined 5s, ye court desiring it may be a warning to them both.
Richard Marden wanting all armes save a sword, was fined
5s, he neglecting to vse due care to bee provided.
Samuell Marsh was complayned of for absence two trayning
dayes, but he being seeking cowes, it being in the spring, yn
catle being lyable to be swampt, it was satisfyeingly passed by.
Allen Ball complayned of for a defective tricker, but it
haveing passed so for three years together, & he promjseing
to mend it, was passed by. Also he was late on trayning day




1646]         NEW HAVEN: COLONY RECORDS.            271
in the afternoone, he being wth his sister Fugill vpon her
depture it was passed by.
Hen. Gibbons, late in the afternoone one trayning day, his
answere was his head aked, & he went into the meeting howse,
but suddenly came & treyned that afternoone. It was passed
by, first because he was not well, 2 because Goodmn Banister
& Corpll Leavermore were intreated by him to wak hm.
Corpll Leavermore being late one trayning day in the afternoone was fyned Is. Also totaly absent on a squadron day,
wch was respited.
[166] 1[ Caleb Seaman wanteing armes was fined 1Os.
John Sackett & Henry Morrell for wanting rests were fil-led
6d apeice.   v
John Speede wanteing worm & scourer, fined Is.
Henry Gibbons two squadron trayning dayes absent, once
fier in the lotts hindred him, for the fier had caught hold olnn
the fence; the last day he was at Mr. Goodyears farine, for
wch he was fined 5s.
Samuell Marsh absent one squadron trayning day, fillned
2s 6d.
Ralph Loynes came late to trayning in Aprill, was fined 1s;
for the want of a rest he was fined 6d.
Samuell Cabell, Adam Nichols, being warned to the court
& not coming themselus nor gave notice of their submission,
ordred to be warned against the next court, & then to answere
for their contempts.
Edmund Tooly was absent 3 trayning dayes, of wch 2 of ym
he was not well & fined 5s for not comming the third.
Vincent Meggs, absent the 14th of June, was fined 2s 6d,
but if he bring proofe that he trayned twice in one fortnight,
the fine is to be remitted.
Wm Blayden complayned of for nonpaymt of his fines, he
intreating forbearance one month longer, it was given him.
Thomas Blatchley haveing formerly given the court some
offence, & neglecting the imadge of God in magistrats, & goeing away soe irreverently and sayeing he would have justice
in another place if he had it not here, wch now lyeing on his




272           NEW HAVEN COLONY RECORDS.           [1646
conscience, desirs to cleare himselfe, wherewth the court was
satisfied.
Samuell Marsh was warned by Mr. Crayne, who had an
estat in his hand, & finding him defective in ordring it for
either of their comforts desired a hearing of the court; at
length when much debate had bin, both did agree to put it
vnto arbitration.  Samuell Marsh declaring himselfe willing
to leave the farme, Mr. Crayne accepted it, & Mr. Crayne
chose Anthony Thompson, & Samuell Marsh chose Goodman
Myles, wth liberty that if they did not agree, they should
chuse an vmpire.
Samuell Daighton, absent one squadron day & one Lords
day, fined 3s 6d, if he cannot give satisfyeing ahswere.
Samuell Cabells lock of his peice being defective, was
fined 1s.
Georg Banks, for wanteing a worme & scourer,  s, absent 3
squadron traynings fined 7s 6d & absent one Lords day fyned
2s, 10S 6d in all.
Goodnmn Johnson haveing a lott that was his brothers
desired to cleare to the court his proofe for what he possesseth.
John Punderson said he had almost forgott, but Samuell
Whithead & he heard Thomas Fugill exoresse as e the noate
vnder his hand appeareth, vizd.
When Jno Johnson was prparing to goe to the Bay, he told
mee he had sould his howse & accomodations belonging to
it, vnto his brother (vizd) Robert Johnson for the 401 he said
I knew he received in Old England, vpon condicon, that if he
should see it his way to come back & live here, then he might
have it, paying to his brother the said 401, & what chardges he
should lay out about it, or if hs brother should sell it to come
& live in the Bay, 401 of the price he should keepe to himselfe
& pay the overplus to him, only deducting his chardges. But
if the said John should not returne, & the said Robert his
brother should resolve to setle here, then the said Robert
Johnson should have it forever, for the said 401; this is the
substance of the agreement as the said John related it to mee,
witnesse my hand.
Tho: Fugill.
Bro. Tharpe said his mr said to hm his bro: was to have his
howse & lott, but if he returned he was to have it againe, re



1646]        NEW HAVEN COLONY RECORDS.             273
turning to his bro. what he had of him. By all wch, finding
as yet the proofe defective, the court determine nothing in the
case, wanting further light.
Thom Fugill hath sold 6 acrI of land in the Necke vnto Robert Johnson, he paying 30s to Geo: Downing & the rest in
cartadge, as Allen Ball witnessed and a noat vnder Thom
Fugils hand prsented in court by Robert Johnson appeared.
[167]  AT A GEN1 COURT HELD THE 7th OF OCTOBER, 1646.
The Governor acquaynted the court that sundry miscariadges by drinke hath bin of late, by whom he cannot come
to the true knowledge off & where it hath bin hadd.
Bro. Andrewes propownded that he might lay downe the
ordynary.
It was ordred to prevent that excesse of drinkeing, that God
may not be dishonered nor religion reproached, that wine &
strong watters, that wyne 4' strong wa-ters bee drawne only at
the ordynary.
The neglect of finishing the pewes was remembred, & them
that should doe them & the chest for the pyks were desired
forthwith to dispatch them, that the seating of people may goe
forward.
It was propownded that helpe might be affoarded to launch
the shipp, for Goodman Paule informed the Governor that the
keele would rott if it were not launched before winter. Bro.
Leeke had liberty to draw wine for them that work at the
shipp.
It was propownded that the marke of swine be brought into
the pownder.
It was propownded that Wm Meaker might be loader to mill,
& it was ordred that for a 12 month he bind himselfe to goe
in all seasons except vnseasonable weather, & further it was
ordred that if any cary their owne corne, yet that they carry
not for others.
And that before any give over that are chosen to any service
of the towne, as to view measures & weights, and sealing
35




274           NEW HAVEN COLONY RECORDS.          [1646
leather, others are to be chosen, but vntil then they that are
in those imployments are to continew.
Bro. Richard Mansfeild had libertye to dept the court.
Goodman Bassett, Henry & Joseph Peck desired to cutt
woods on the common, wch was granted, provided it be according to the approbation of the viewers.
Those that desire land to be layd out to them amongst the
small lotts were desired to bring in their names to the secretary~
Edw. Hitchcocke propownded to the court for a dispensation of bringing his armes on the Lords dayes, bec he bringing
his children was therby disabled of comming so soone as he
ought if at all with them. But it was respited.
It was propownded to the court whether it were their mynds
that men should come to traynings or watchings without
powder and shott. It was therevpon ordred that every time
men come to either, they bring 4 chardges at least of powdr &
shott.
Bro. Whitnell & bro. Russell promised to help about the
seats in Thom Morris hs roome.
AT A GEN1 COURT HELD AT NEWHAVEN THE 26th OCTO. 1646.
Thom Wheeler had leave to dept the court because of some
ingadgemts against ye 4th day next.
Mr. Francis Newman, Ar. Gibbard, Mr. Crayne & Goodmn
Gibbs were chosen deputijes for Newhaven monthly courts this
yeare ensewinge.
Mr. Jno Wackman, Mr. Ezekiell Cheevrs wer chosn deputyes
for the jurisdicon geiierall court.
Mr. Joshua Atwater was chosen treasurer for Newhaven the
yeare enseweing.
Richard Pery was chosen secretary for Newhaven the yeare
enseweing.
Thom Kimberly was chosen mrshall for the yeare enseweing.
The pticuler court of Newhaven, wth Mr. Evance & Mr.
Wackman were chosen auditours for the treasurers accompts.




1646]          NEW HAVEN COLONY RECORDS.               275
Bro. Davis & bro. Fowler were chosen surveyors of the
high-wayes on that side the towne.
Bro. Cooper & bro. Mansfeild chosen surveyrs for the other
side of the towne.
Bro. Andrewes & bro. Abrahm Bell were chosen viewers,
that noe spoyle of wood bee made in the commons, also that
they look to the talnrs, that wast be not made of timber by
barkeing it which may prejudice the towne.
Bro. Davis & bro Phillip Leek chosen viewrs of measurs,
as bushels, &c.
Bro. Francis Newman & Mr. Gibbard chose to look to the
waights & licquid measures and yards and ells.
Leiut Robert Seely had liberty of the court to goe for England although a publick officer.
[168]  AT A COURT OF ELEXION HELD AT NEWHAVEN FOR THE
JURISDICTION THE 27th OF OCTOBER, 1646.
The worpl Theophilus Eaton Esqr. chosen Governor for the
yeare ensewinge.
Mr. Stephen Goodyeare chosen Deputy Governor for the
yeare enseweinge.
Mr. Gregson & Mr. Malbon chosen magistrats for Newhaven
ye yeare enseweinge.
Mr. Fowler & Capt. Astwood chosen magistrats for Milford
the yeare enseweinge.
Mr. Samuell Desbrow chosen magistrat for Guilford for the
yeare enseweinge.
Mr. Andrew Warde chosen magistrate for Stamford for the
yeare enseweinge.
The worpl Theophilus Eaton Esq. & Mr. Stephen Goodyeare
chosen commissioners for this yeare enseweinge.
Mr. Atwater chosen treasurer for this yeare enseweinge.
Mr. Leete of Guilford chosen secretary for the jurisdicon
for ye yeare enseweinge.Y
5k Whether Fugill was deposed from his office of Secretary of the Jurisdiction, as
well as from that of the Plantation of New Haven, we are not informed. It may be




276             NEW  HAVEN COLONY RECORDS.                [1646
Thom Kimberly chosen mrshall for the jurisdiction for the
yeare enseweinge.
AT A PERTICULER COURT HELD THE 3d OF NOVEM: 1646.
Leiut. Robert Seely hath sold his howse & howse lott in
towne vnto Jno Basset wth 2 acres of vpland out of his first
devizion; wch 2 acr. is 8 rodd in breadth & in length runneth
crosse from the high-way betweene the suburbs quarter & Mr.
Lambertons quarter, to Mr. AMansfeilds lott that was, & betweene Wnll Iues and 
Caleb Seaman desired his fine might be remitted for defect
of armes, he going shortly for England, & vpon his request it
was remitted, pvided he goe for England.
Edw: Chipfeild promised to pay 31 or 41 the next week in pt
of about 51 he was ordred to pay to the towne for Win Hardy,
& promised paymut for the rest in the spring, wch the court accepted.  Also a fine for absence one trayninge he was excused
from payment of, he being a burning bricks, wch if that time
had not bin improved, it would have inforced him  to have
attended it on the Saboth followeing.
AT A COURT HELD AT NEWHAVEN THE 1 JAN. 1646.
Bro. John Leavermore, brother Adam  Nicholes, bro Will
Fowler and Mr. Thom Pell, being warned to the court & appearing not themselues nor by deputys, were layd rnder contempt of the court.
AT A GEN11 COURT HELD THE 4. JAN. 1646.
The Governour propownded that considring rates had bin
made & levied on each plantation in this jurisdiction & sallerys
presumed that at this time he had left the town, from the excuse made by Allen Ball
for late coming on a training day, page 271.
It is probable, however, that Richard Pery was appointed to succeed in that office
also until the next Election Court, for his signature as' Secretarie' is affixed to the
certificate of the choice of Commissioners for the United Colonies at this timle, the
original of which is preserved among the archives of Massachusetts,




1646]         NEW HAVEN COLONY RECORDS.               277
being yet vnpaid, besides severall debts, it was desired that
April rates might be now forthwith paid, & it was ordred that
they be forthwith paid into the treasurer.
It was appoynted that bro. Anthony Thompson & bro. Camfeild, & the 2 deacons doe speake with brother Lampson & see
what his estate is, & to consider what proportion he is able to
beare of the charge of maynteyninge his wife.
Bro: Robert Hill recd the chardge of a freeman.
It was ordred that the perticuler court wth the 2 deacons,
takeing in the advice of the ruling elder, should place people
in the seats in the meeting-howse, and it was alsoe ordred that
the governor be spared herein.
It was now ordred that the former orders made for swyne
& fences remayne of force, & that if swine be vnyoaked &
vnrufige & goe into any feild, the fence lyeinge downe, that
the damadge should be borne at halves, & that the fine of 6d
a head be still payed to him that finds the swyne & brings them
to the pownd.
It was ordred that the viewers of the fences finding fences
defective & warninge those that owne them to mend them, if
they doe it not & their names be not returned to the court,
the viewers shall pay their fynes.
It was ordred that bro Peirce, bro. Coop & Jarvis Boykin &
Mr. Caffinch shall look to the layeing out of the fence in their
quarters to the absent lotts, according to their proportions.
The contribution for the colledge was renewed & bro. John
Nash & bro. Phillip Leek chosen collectors for the same.
Bro. Andrewes had for his incouradgement liberty granted
him to put strangers horses in the Neck.
It was ordred that they that already have or desire land
among the small lotts bring in their names & quantities wthin
a month to ye secretary, or els they are to loose their lands.




278                NEW HAVEN COLONY RECORDS.                         [1646
[169]  AT A COURT HELD AT NEWHAVEN THE 5th OF JANUARY, 1646.
Mr. Edward Tench his wills was presented to the court by
Elder Newman & Mr. Gilbert, & it was ordered that the estate
bee improved for the good of the child.
Bro: John Leavermore confessed that he was warned to the
court, 2 courts since, but some fence being downe he went to
set it vpp  & thought to have bin time enough, but comming
about Mr. Grigsons howse he saw  the court was broken vpp.
Bro. Adam Nichols said he forgott it vntill it was too late.
Both for their contempts were fyned 10s apeice.
Bro. Adam  Nichols was fined for want of worme & scourer
is.
Mr. Caffinch alleadged that lie had  bin brought into court
about a horse formerly owned by his bro. Wm Fowler, but now
bro. Fowler hath  fownd his owne & seeth he was mistaken,
but as he suffred therby in the court, so now he sought right.
Bro. Wm  Fowler answered that he did not intend his bro.
@ Mr. Edward Tench's will, Planter in Quinypiock and his dear wife Sarah Tench
lying in the house with him dangerously sick and much wasted by a consumptionconfirms certain small legacies, part given by his wife and part added by himself and
all contained in a schedule annexed-He gives to his wife one half of the remainder of
his whole estate, whether here or in Old England, and the other half to his only son
Nathaniel Tench, now about five years of age-If his wife dies before himself, his son
to have his whole escate, and makes his said son Nathaniel executor-If his wife should
die before himself he entrusts his son both for his education and the ordering and improving his estate till he becomes 21 years of age, to the wisdom and care of the church
of Christ gathered and settled at Quinnypiocke, whereunto Mr. Davenport is pastor,
upon whose love and faithfulness in accepting and managing this his desire he quietly
rests with assurance and satisfaction to his spirit.-If his wife die, and her sister come
over into these parts and should desire to take his son back to Old Englanl, his express will is that his son return not, but continue with, and be brought up by the
forenamed church of Christ-If his son die before he is 21 years of age, he gives one
half of his estate to the treasury of the forenamed church, and the other half to his
brother Francis Tench and to his children. Witnesses, Henry Brunwin, Willm.
Jeanes, Tho. Fugill, 13th February, 1639.-Inventory taken by Thom. Gregson, Robert Newman and Mathew Gilbert the 19th Feb. 1639, amount ~409, 3, 6.
Debts oweing to Mr. Tench wirhen he dyed, The mayds tyme ~6, 2, the mans time
~10. Mr. Alcok owed ~5. Thom. Marshfeilds Connt. ~9.
Debts owing by Mr. Tench when he dyed as followeth, To Goodie Pigg's wages ~2,
to the bricklayer ~1, 4, 9, to Mr. Pell ~0, 16, to Mr. Higginson ~0, 19, 6, to Goodman
Whitnell ~0, 14, to Mr. Watters ~1, 4, 6, to Mr. Grigson ~3, 12, to a Conecticott man
~4, 17, 6, to Mr. Langham of London ~4, to John Brocket for mesuring land ~0, 6, 9,
to Mr. Delingham, London, ~27.




1646]         NEW HAVEN COLONY RECORDS.            279
Caffinch any wronge, but he refuseing to end it privatly caused
him to doe it, but now acknowledged he had done his bro.
Caffinch wronge. The Governor demanded of Mr. Caffinch
whether he looked for any more the reperation in his name,
Mr. Caffinch said 1Os damadge for witnesses, wch the court
ordred bro. Wm Fowler to pay & his damadge 103 more, 20O
in all.
Mr. Pell was warned to answere Mr. Caffinch for defaming
him in sayeing he had gott his brothers horse, & said he would
lay 5s of it. Roger Allen said he remembrs Mr. Pell going by
asked whether Mr. Caffinch was showeing his bro. Fowlers
horse, but Mr. Caffinch not being able to prove his chardge
because of want of proofe, hee was nonsuited.
It was ordred, wth the consent of Edward Parker & his
wife, that Jno Potter should be put an apprentice for 8 years
from the first of August past, vnto Roger Allen, for to learne
him his trade & to give sutable apparell & 5s at the end of
his time.
Luk Atkinson was chardged wth defameing Mr. John Davenport, vizd.
First to Ried Osborne Luk Atkinson questioned whether
this church is rightly constituted, and this ariseth from some
pticulers falling out, not in respect of the members of it, for
he judged them faithfull, but somthing in respect of hmselfe
and others, as one thinge Mr. Davenport should speak & Mr.
Davenport denyed it, although Luk Atkinson affirmed it & two
more with him.
2dly to Richard Osborne he said that if things were carryed
soe as he conceived them to bee, & as takeing vp things of
others that he had spoken with, he conceives in all probabjlity
this church cannot stand long without some breach.
3dly, to John Speede he said that Mr. Davenport had said
that wch afterward he denyed, wch two more with himselfe
could witnesse.
To Richard Osborne he said, Mr. Davenports name had bin
very pretious, but now it was darkned. That when Mr. Davenport spoke of the high-preist, out of the 21th Levit. on the
Lords day, Mr. Davenport spake against himselfe. Richard




280           NEW HAVEN COLONY RECORDS.          [1646
Osborne demanded wherein, Luke Atkinson answered that as
he is a pastour of a of a clhurch, he ought not to lay any
vnder vnjust scandle as Mr. Davenport had done him, layeing
his name vnder blame vnjustly.
To Richard Osborne he further said, that Mr. Davenport
said he had noe pt in the trade at Delaware & therevpon
could make noe promise, & yet after, Mr. Davenport said that
he had part in the trade. All these perticulers as concerne
Mr. Davenport, Luk Atkinson related vnto John Speede.
Also all the above written Luck Atkinson acknowledged himselfe to have spoken vnto Richard Osborne and to John
Speede, & now againe repeated them vnto Anthony Thompson, John Clark, Richard Osborne & John Speede.
Before these psons spoke vnto Luke, they advized him to be
very wary what he expressed, for he must look to be called to
answere it. He answered hee expected it. In conclussion in
reading all the pticulers manny tymes over & wishing John
Speede to take a copie of them, we asked him whether he
owned all or would wave any, he owned them & thought he
should answere them.
Mihill Palmer saith Luke Atkinson chardged Mr. Davenport wth vntruth.
[170]  I Luke Atkinson acknowledged what he stood chardged
with was true, he had sinned & had slandered Mr. Davenport.
This being done against much light and often convinced of
his folly & had made acknowledgments of it, for his slandering the church and Mr. Davenport, he was fyned 401 vnto
Mr. Davenport.
Mrs. Turner & John Meggs haveing a difference betweene
them, did in court agree to put it vnto arbitration, & Jno
Meggs chose Mr. Goodyeare, & Mrs. Turner Mr. Malbon.
M/r. Pell p. I    For 501 he should pay Mr. Atwater e
MVr. Cafflinch def. order of his bro. Samuel Caffinch, the
wch bill was turned over vnto Mrs. Luce Brewster. Mr. Caffinch not tendring sutable pay, he was warned to court. But
in fine, both were intreated by the court to put it vnto arbitration, & Mr. Pell chose Anthony Thompson, & Mr. Caffinch




1646]          NEW HAVEN COLONY RECORDS.              281
chose Mr. Tutle, who wer added vnto Mr. Francis Newman
& Mr. Crayne to issue it.
The court see cause to judge the debt dew from Mr. Caffinch, but leave the prise of come unto the arbitrators, as
also the prise of cattle, thinking it meet they be not vallued
to the worth of them at present, but somwhat vnder. And
Mr. Caffinch is to present that wherby it may bee issued wthin
this weeke.
Richard Marden requested the court to remit his fine, of 5s,,
he haveing vsed his indeuor to gett armes, & haveing ill somtime since he has bin free, halfe his fine was abated.
It was ordred that if bro. Wigglesworth call for an execution against Mr. Mullyner because he attends not the courts
order.
Goodman Walker released from a squadron fine, because
his wife being ill & in very great payne, she was forced to
send him seeke for Mr. Pell.
John Evance informed the court that he had codmitted the
chardge of a shallopp, on a voiadge to Guilford & Seabrooke,
& backe againe to Newhaven, to Jno Charles as mr of her, two
others not fit for such a trust being vnder him in the vessell,
& at his coriand & appoyntmt. That through the grosse, if
not wilfull, negligence & default of hm the said Jno Charles,
the said vessell was cast away or broken, & a quantitje of
pease belonging to hmselfe, wth certayne pipes of Madera
wyne belonging to hmselfe & others were lost, all wch, wth the
shallopp, a boate, &c. & other chardges occassioned therby, he
vallued at 1001, & desired he might be repayred according to
right and justice. He further acquaynted the court that at
the first hearing of the said losse, he apprhended it as an
afflicting providence of God immediatlye sent for his exersise,
but being since fully informed of the forementioned negligence, he questioned Jno Charls about it, & by their mutuall
consent ye matter was refferred vnto 4 arbitrators indifferently
chosen by ym the said pties, being men yt have long bred the
sea & are well experienced in such cases. That they bownd
themselves by assumpsit in 1001 to stand to ye award they
should make in ye case, & if they agreed not, then to the
36




282           NEW HAVEN COLONY RECORDS.           [1646
award of any other man whom ye said arbitrators should
choose as vmpire therin.
The said arbitrators not agreeing, Robert Martin, marryner,
was by their joynt consent chosen vmpire, & vppon a full
hearing of the parties wth their allegations & proofes, had in
wrighting vnder his hand, given hs judgment & award that
the shallopp, boate & goods were lost by negligence & ought
to be made good to the owners, but the sd Jno Charles refusseing to stand to the award, he the said playntiffe was constreyned to crave ye help & justice of this court.
Herevpon a wrighteing made by the said 4 arbitrators,
wherein they choose Robert Martin vmpier, & another writting
made by ye sd Robt. Martin, as his awarde & vmpieradge in
the cause, were read in court, the contentsbeing as followeth,
These are to certifie those whom it may any wayes concerne,
that we whose names are vnder written, being chosen arbitrators betweene Mr. Jno Evance on the one side & Jno Charles
on the other, to end a difference betweene the foresaid parties,
& not able to end the same by reason of some difference in
our apprhensions, did thinke it meete to make chojse of Robt
Martin to be vmpiere in the case, to end that wch we for want
of light could not agree to end, and what end the foresaid
Robt. Martin shall make in the aforsaid case, wee assent
therevnto, as vmpiere chosen by our mutuall consent, to wch
agreemt the afforesaid Mr. Jno Evance & Jno Charls did bind
thenmselues in an assumpsit of 1001 sterling to stand to the
agremt of the foresaid arbitrators or the afforesaid vmpiere
chosen by vs. In witnesse whereof wee have hrvnto set our
hands the 24th of November 1646.
Daniell Paule     Tobias Dilllocke
George Frost      Daniel How.
As concerning the looseing of their boate Jno Charles saith
their boate roape was rotten, Ralph Loynes speaks to Jno
Charles to make fast another roape vpon the boate. It was
not don, the boate was lost through neglect. As concerning
their lyeing ashore wthout an anchour lyeing off, to haule off
by when they saw occassion, was a neglect. As concerning
their lyeing ashore when they had all their goods aboard,
haveing 3 tyds before the storme began to haule off, was a
great neglect. As concerning the leaveing the boate when
they had hawled off, was very unsafe, soe that I cannot vnderstand nor see, but both boate & goods were lost through neg



1646]         NEW HAVEN COLONY RECORDS.             283
lect of what might have bin done, & they must stand to their
courtoysie that oweth both boate and goods.
Robert Martin.
John Charls being demaunded whj he did not submitt (according to hs ingadgemt) to the awarde & vmpieradge of the
said Robert Martin, affirmed he had noe chardge of the said
vessell, nor was any of the companny; that he went volluntaryly in her to Guilford, haveing some occassions of his owne
there; that the shallop was lost for want of due provizions,
haveing but one anchour and cable, & ye boate (by ye failing
[171] of ye boate roape) was lost 11 before, so that in
the storme they could not carry out their anchour so farr as
was meete, & till the cable broake, the vessell roade safely.
Being demfanded whether he would yet stand to the arbitration, or refferre the whole cause to the heareing & judgement
of the court, at length by mutuall consent the arbitration
was waved, both parties submitted, & the playntiffe was required to make proofe both that the said Jno Charles was mr
&that the losse came through his neglect or default. But the
governor, & deputye governour, being both interressed in part
of the wine lost, and leaveing their interresse to be pleaded by
& issued wth that of Mr. Evance, desired liberty to rise, that
they might neither judge, speake, nor sit in court, while a
cause wherein themselves were concerned was in hand, wch
was granted.
The plaintiffe affirmed that he at first intended & appoynted
Srjt Jefferies to goe mar of the sd vessell or shallopp for this
voiadge to Guilford, Seabrook, & back to Newhaven, but Mr.
Crayne, Mr. Wackman & Mr. Atwater, intrusted as feoffees
for the building of a ship at Newhaven, desired yt Srjt Jefferies
might be spared to goe to the Massachusetts about rigginge
& other occassions concerninge the said shipp. The plaintiffe
answered he could not spare him, unlesse som other man
were pcured to goe mar in Srjt Jeffrejs roome, & mentioned
the defendt to them as fit for that service. Hervpp5 they the
said foefees, spake to Jno Charles about it, he tooke time to
consider of it & at last yealded & went, though Srjt Jeffreis
(not sent to the Massachllusetts,) was after free & willing to




284          NEW HAVEN COLONY RECORDS.            [1646
returne to his former chardge, & to goe mar of the said shallopp, & so told the said Jno Charles. Herevppon Mr. Jasp
Crayne & others were called to give in their testimony, & vpon
oath they severally declared as followeth,
Jasper Crayne vpon oath testified that hmselfe & some other
of the feoffes asked Mr. Evance whether he would let Srjt Jefferjs (who was mar of the foresaid vessell,) goe a journey into
the Mattachusetts Bay for them, Mr. Evance answered hee
could not spare him vnlesse they could gett Jno Charles, herevpon the said feofees spake wth Jno Charles to goe in Mr.
Evance his boate, in Srjt Jefferies roome, because of some
occassions they had to send Srjt Jefferies to the Bay, who could
not be spared vnlesse he (the said Jno Charles) would goe in
his roome, but at that time Jno Charles gave them noe direct
answere, but said he would consider of it.
John Wackman vpon oath testified that hmselfe & other of
the feofees haveing had speech wth Srjt Jeffrejs about goeing
to the Bay, they asked Mr. Evance whether he could spare hm,
Mr. Evance told them he could not carry on his designe wthout him, he knoweth not whether Mr. Evance named Jno
Charles, but they meeting with Jno Charles, asked him
whether he could goe the voiadge wch Srjt Jeffrejs was to goe
& mentioned to hm the takeing off of Srjt Jefferies vpon
another imploymt. Jno Charles took time to consider of it;
after, they the feofees meeteinge wth Mr. Evance asked hm if he
would let S'jt Jeffres goe, he then said he would, for he had
spoken wth John Charles.
Joshuah Atwater not remembreing he was wth the other
feofees at their first conference wth Mr. Evance, vpon oath testified, that after meeteing wth Mr. Evance, they asked hill
whether he was willing to release Srjt Jeffrejs, Mr. Evance
then answered he was willing, for he had spoke wth John
Charles.
Henry Brunwin vpon oath testified, that goeing along in
compa wth Mr. Evance, they mett wth Mr. Wackman & Mr.
Crayne, who desired Mr. Evance to release Srjt Jefferies that
he might goe to the Bay for them, Mr. Evance was not then
willinge, but comming to Corporall Leeks howse, and finding




1646]         NEW HAVEN COLONY RECORDS.            285
Goodmn Charls there, Mr. Evance made a motion to him, wch
to the best of the deponents remembrance was, to goe in the
roome of Srjt Jeffrejs to Guilford & to the Rivers mouth
(called Seabrooke,) Goodmn Charles told him tile feofees had
spoken wth hm about it, & hee would consider of it, wherevpon Mr. Evance after meeteing wth the feofees, seemed willing to let Serjeant Jefferies goe.
Phillipp Leeke vpon oath testified, that at his howse Mr.
Evance spake to Goodmn Charles to goe in his vessell in the
roome or stead of Searjeant Jeffreis. Goodmn Charles answered, the feofees had spoken to rhm about it, but what further
answere Goodmn Charles made he remembers not.
Serjeant Thomas Jeffreis vpon oath testified, that the morninge the boat was to goe, lie went vp to Mr. Evance his howse,
& asked him whether the boate was ready to goe, he remembers not Mr. Evance his answere, but he the said Thorn Jeffreis went downe to the watter-side, purposeing to goe the
voiadge, but finding Goodmn  Charles there, he asked him
whether he went the voiadge in Mr. Evance his boate, Jno
Charis told him he did goe, they had spoken to hm to goe &
he was to goe, & this deponant further testified, that he,
before Jno Charls was spoken to, Understood hmselfe to be
mar of the said vessell, & that the chardge of the boate was to
lje on him, & the rest of the compa to be at his coffand, otherwajs he should not have gon in the boatc.
John Griffin, one of the seamen in the said boate, vp5 oath
testified, that hmiselfe & Ralph Loynes the other seaman goeing
to Mr. Evance his howse, asked hill who should goe wth them
as mr to take chardge of the said vessell, for they knew not
the place & would not take chardge. Mr. Evance answered,
take you noe care, Jno Charls or Serjt Jeffrejs shall goe along
wth you; & this depont further testified that Jno Charles did
helpe to stow the salt; that in the voiadge he accounted hm as
master; & yt hmselfe & Ralph Loynes did what he the said
Jno Charles commanded them, & that Mr. Evance, being at
the boate-side when the boate was goeing off, said Ralph
Loynes had the wrighteing wherin was the order for ye deliu[172] ery of salt, lading aboard & taking of pease IIat Guil



286           NEW HAVEN COLONY RECORDS.           [1646
ford & other businesse to be done at the Rivers mouth, &
Goodmn  Charles was in the boate, but he cannot say Mr.
Evance therein only directed his speech to John Charles.
Testimony being thus farr given in to prove Jno Charles
mar, he pleaded for himselfe that he went in the said boate as
a freeman, takeing noe chardge vpon him, & that the said Jno
Evance made hoe agreement wth him for voiadges.  Mr.
Evance answered that he had imployed the said Jno Charles
2 yeares together, in wch he made severall voiadges as mr;
that lie only agreed wth him for wages the first time, & had
ever after allowed him the same wages vpon account, wherewth the said Jno Charles was content, & the same wages
might now justly have bin demanded & must have bin allowed,
but there had never passed any speech of Jno Charles his goeing in the boat as a freeman wthout wages, nor could it in
reason either have suited the occassions of the plaintiffe, or
the calling & course of the defendant, being a seaman. Jno
Charles only answered that the former voiadges were in a yessell wherein hmselfe had a fourth part, but that altered not
the case for wages, and the court told Jno Charles that hee
was a man well knowne not to be so free of his sea labour, as
to goe forth vpon a voiadge as a freeman wthout wages in a
vessell wherein himselfe was cheife seaman, & noe man elce
fit to take chardge. To this he made noe replye, but affirmed
noe seaman could prove him master by the evidence given in.
Mr. Tobias Dimocke & Robt Martin, marryners, & both
now or lately mars of shipps, being present were desired to
expresse what they apprehended in the case.
Mr. Dymock testified that when he came from Pequott? he
mett wth Ralph Loynes, who was one of the seamen of the
said vessell when it was cast away, but now absent, & ye said
Ralph Loynes related to hm the manner of their comminge to
the Rivers mouth, & how the vessell was cast away; namly,
that they came in the sixth day of the weeke & tooke in 3
pipes of wine, & the next day tooke in the rest, and on the
second day of the weeke, called Munday, they fetched aboard
an anchour they were by order to receive there, & they lay
agrownd at the wharfe from the second day till the fowrth




1646]         NEW HAVEN COLONY RECORDS.              287
day at noone, all wch time her ladeing was in her, and when
the storme came, they carryed out an anchour as farr as they
could from  the shore, but the storme being then great, they
could not carry it farr enough, and Mr. Dymock thought the
boate did not ride above a quoyts cast from the shore, &
they haveing rowsed vp vpon the roade, could not gett her further off, & both Jno Charles and the other two seamen went
on shore & left the boate, & somtime after, the road bracke &
the vessell drove onn shore.
The court for Jno Charles his better satisfaction desired Mr.
Dymocke to declare his opinion, whether one shipt in the
roome or stead of a mar of a vessell bee not really the mar of
the said vessell & so to be accounted. Mr. Dimock answered,
that if any one were shipt in the roome of a master of a shipp,
& had his power, that then he conceived he was master.
Robert Martin testified that by the evidence given in, he
could not conceive but that Jno Charles, so shipt in Srjt
Jeffreis roome, was master, & he thought Jno Charles in his
owne conscience thought hmselfe mar, & would have required
masters wages if he had returned safe.
The court wished Mr. Evance to proceede & make proofe
that the boate & goods were cast away & lost through negligence. Wherevp5 Jno Griffin one of ye seamen in the said
vessell was required. Vpon his oath taken to declare and
testifie what he knew in the case, he affirmed that they went
hence on the 3d day of the weeke in the afternoone, the winde
then westerly, that he thought the skiffe roape stronge enough,
yet against Thimble Islands she brake away, & they came to
an anchour til the boat came vp to them, then they went to
weigh their anchour, but it was 2 howers before they could
efect it & then the flood was made, & the skiffe gon they knew
not whether. The next day they got to Guilford & Goodmn
Charles brought the vessell into the place where they should
lye, and this depont to the best of his remembrance asked
Goodmll Charles whether he would goe into the towne, & he
said no, yn Mr. Evance his directions were given to this deponent by Ralph Loynes, whether it were because Goodmll
Charles could not read he knoweth not, the next day some of




288         NEW HAVEN COLONY RECORDS.             [1646
their salt being deliuered and their pease taken in, they set
sayle. The next day by noone they came to the Rivers mouth,
came to the wharfe, vnloaded the rest of their salt & tooke in
3 pipes of wine, & the last day of the weeke tooke in 4 pipes
more. Ypon the second day of the weeke they gott aboard
an anchour they were by order to receive there & to bring to
Newhaven; at night they heard of a skiffe was cast ashore at
the corne feild poynt, told Goodml Charles of it, asked hm if
it were not best to goe & see it, if it were not theirs, & goeing
fownd it to be theirs, the next day they brought ockham &
caulked her. While they were at worke about her, the winde
on a sudden fell calme, then Goodmn Charles said we wilbe
gon, we shall have an easterlie winde, but after, their arose a
storme wch increased, but they returned before the vessell was
afloate; they did what they could, but had neither cannow nor
boate of their owne to helpe them. At length the Dutchmen
there did helpe them, & Goodmn Charles went wth them, &
they carried out their anchour as farr as they could for the
storme, then they rowsed vpon the boate roape and sett off wth
their oares, and gott her afloate, & laid her offe as farr as they
could, then they came all on shoare & left her, and in the
night the road brake.
Jno Griffin being farther questioned about the losse of the
skiff & other passadges, vpon his oath affirmed, that ther was
an old cable & a tacle aboard, wch might have binne made fast
to the skiffe to have saued her. Secondly that the vessell lay
agrownd & noe anchour off, three tydes after she was loaden,
before the storme began, & that the reason of their leaveing
the vessell was because they were wett, & ye Dutchmen said,
what will you doe starveing here, it were better for you to goe
on shoare.
John Charles alleadged that the said Dutchmen had testified before the governour that the vessel might have bin saved
had she had another anchour & cable, the governour confirming the same withall informed the court, that he had advized
Jno Charles that Mr. Evance might be present to heare what
they could testifie vpon oath, but they came noe more.
[173]  I1 Leiut. Joseph Godfrey vpon oath testified, that the




1646]        NEW HAVEN COLONY RECOIDS.              289
Dutchmen in his hearing told Mr. Evance, they apprehended
Jno Charles his neglect lay in letteing the boate lye so longe
loaden ashoare, til the storme was so great that they could not
carry her off so farr as she should have bin for her preservation.
Serjeant Jeffreis vpon oath informed the court, that seamen
vse t;here to dropp or let fall an anchor in the channell, for it is
a dangerous place to ride at the wharfe; that if there had bin
an anchour dropt at their comming in, 20 or 30 faddom off,
that the cable might have had scope, it is like it would have
held; that if the vessell had layne 20 or 30 faddome farther
from the shoare, though the cable had broak, as the winde in
the storme was, they might have gon cleare of the poynt vpp
the river, and as she lay, had the seamen billm aboard, much
might have bin done for the boats safety, to have cast her by
flatting her foresayle.
Herevpon the court asked Jno Charles whether hlnselfe, (if
proved mar of the vessell,) must not conclude there was a
greate neglect in him. He answered that if he were mar, he
must confesse their was a great neglect, but he still pleaded
that if the vessell had bill provided wth 2 cables & anchours,
they would have held her, & it is lik she would have ridd safe
where she was laid.
After much time spent in examjninge witnesses, & debateing
the cause, the plaintiff & defendant vpon demand acknowledgeing that they had notheing further to say, the court
inquired after the damadge, & fownld by dew proofe that 5
pipes of Madera wine were wholy lost, which cost first penny
101 a pipe, that 50 bush. of pease were laden, that of them one
hogshead was only saved, the rest were lost, wch cost at least
71, that the damadge in the boate lost, by anchour & cable, wth
other chardges necessaryly followeing, being rated wth all
moderation, came at last to 101 more.
The premjses being dewly considered the court proceeded to
sentence, and first finding the evidence full yt serjt Jeffrejs
was shipped mar of the sd vessell, for the voiadge to & froe,
that Mr. Evance would not have spared hm if Jno Charles had
not bin peured in his roome, that the treaty wth Jn~ Charls
37




290           NEW HAVEN COLONY RECORDS.            [1646
in this buisnes, the time he tooke for consideration, & hs consent at last, all tended to that purpose, that the other seamen
that went in the boate pfessed they knew not the place, &
therevpon could not take chardge, that Serjt Jeffrejs not goeing to the Massachusetts would have returned to his place of
mar for the voiadge, but Jno Charles said thej had spoken to
hm to goe & he was to goe, yt ye other seamen in ye voiadge
tooke hm to be mar & were at his coriiand, & considering wthall,
yt what Jno Charls prtended about hs going as a freeman in
the said voiadge, & about wages, is in itselfe vnreasonable &
wthout any proofe at all, the court, in refference to the sentence followeing, concluded him to be master.
Secondly by the evidence given in concerninge the neglect,
ye court did find that Jno Charls had not improved his owne
skill, nor exersised the ordynary care of a man takeing
chardge, for prservation of ye vessell & goods.
For first, haveing lost the skiffe, he did not as reason requires, & as the practise is of seamen in such cases is, to let
fall an anchour at a reasonable distance in the channell, by
wch means he might have hauled off, as occassion should require, & the vessell might have ridd more safely, & the cable
wth more scoape might have held better, & if it had broke,
they might have set sayle, &, as the wynd stood, might have
runne vpp the river wthout difficultye.
Secondly, he suffred the vessell to lye agrownd at the
wharfe, though all her lading were aboard, from ye second
day to the fowrth day at noone, & though the weather were
faire, carryed out noe anchour to secure her.
Thirdly, after the storme beganne, & that they had hawled
the vessell a litle off from shoare, the storme contineweing, &
the vessell in danger, haveing but one anchour out, & that
litle scoape, yet himselfe & the other seamen did all forsack
her, leaveing noe man to prevent, or prevent in time of danger; but as the said Jno Charles himselfe confest, there went
somtimes one, somtimes another, from ye ordynary, being a
quarter of a mile from the watter-side, to see how she ridd;
whereas, probably had they binne in the vessell, they might




1646]         NEW HAVEN COLONY RECORDS.             291
have vsed means either to have saved her, or some pt of the
goods now lost.
Fourthly, John Charles in court confest, that if he were
proved mar, there was a great neglect.
The court asked John Charles whether he could chardge
the seamen, or either of them, wth any nniscariadge in their
places, that part of the damadge might be layd onn them, but
he objecting notheing against them, the court adjudged John
Charles, for his grosse negligence, & vnworthj carryadge in
such a place of trust, to pay Mr. Jno Evance, for hmselfe & the
other interessents, threescore & seaven pownds, besids the
ordynary court chardges, in refference to the pticulers before
mentioned.
Mr. Evance vpon the sentence thus given, moved the court
that he might have an execution granted, because Jno Charles
is shortly to goe to Virginia & thence to England. But the
court being slow to grant execution so suddenly, John Charles
of himselfe told Mr. Evance in court, he had 361 or 881 in his
owne hands already towards it, & he would tak order wth Mr.
Gilbert to pay the rest, wherewth Mr. Evance was satisfied.
[174]    AT A GEN1 COURT HELD THE FIRST FEBR. 1646.
Mr. John Evance & Theophilus Higinson had liberty to
dept the court.
The orders of the last Jurisdiction Gennerall Court were
now read.
It was propownded that those planters, howseholders &
sojourners, would give in their names, who desire to have their
seats in the souldiers seats, ingadging themselues to bring
their armes constantly, to all publicque meeteings for the
worps of God.
It was ordred that the military officers should meete forthwith, & chuse 32 psons fit for the forementioned service, &
send for them & speake wth them, & see whether that they be
willinge to attend the service, or elce it is to continew in the
same order as at present it is.
It was propownded to the court that they would expownd




292           NEW HAVEN COLONY RECORDS.            [1646
themselues in a former order, about corporals assisting the
sergeants in the exersise of their squadrons. And it was
ordred that the corporals doe assist the srjts in that exersise.
It was ordered that the Neck this yeare be imployed as
formerly.: It was ordred that bro. Myles, bro: Coop & bro. Benham, or
Edward Chipfeild, as a committee from this court, speake wth
Goodman Wilmott about the land he holdeth of the townes,
(in refference to the clay fownd there,) to let him still injoye
it, or leave it.
Bro: Andrewes propownded that some of them that held
the small lotts behind Mr. Evance quarter, might have some
land granted them in liew thereof, on the east side Mr. Malbons farme. Mr. Malbon, Lieft. Seely and Mr. Francis Newman, wth some of them, were chosen to view it, and to make
report to the court concerning it.
It was ordred, that another view be made by bro. Wackman & bro. Myles their quarters, & that those of the quarters
goe along wth the viewers.
It was ordred that the court wth Leiut. Seely, consider what
prrivelidges may be meete to allow seamen, wth refference to
watchings & traynings.
Bro. Beamont had liberty to exchang 2 act. of land at the
playnes.
It was ordred that the rest of those deputed to seate people
ill the meeting-howse shall seate the deputyes.
Liberty was further given them that have or desire land wth
the small lotts to give in their names wthin 8 dayes.
Liberty was given Mr. Stephen Goodyeare to brew beare for
this towne, all others excluded wthout the lik liberty & consent of the towne.
Vpon view of some meddow at Mr. Goodyears farme, it was
granted hee might take it for the lik vallew of vpland.
Bro: Lampson was fownd able, & exprest himselfe willing,
to pay 3 shill. P weeke, from first to last, towards the mayntenance of his wife, till the court see cause to alter it, but whatever work his wife doth, it is to bee reckoned in part of what
her lhulsband is to allow.




1646]        NEW HAVEN COLONY RECORDS.             293
AT A COURT HELD AT NEWHAIVEN THE 2d FEBR. 1646.
Wm Meaker informed the court that 7 pecks of meale he
hath received of Sam: Daighton, & that yet he doth want a
sack & one peck, & he had order from the court to dispose of
6 pecks of meale, vntill the court se cause to order it to the
partyes that did loose by Samuell Daighton.
Geo: King chardged wth blaspheaming the name of God by
curseing, James Heywood said he heard him swere by the
name of God, & told him the danger of such a course, & since,
he hath heard him sweare.
Thomas Morris affirmed he had bin told of swearing aboard
the ship, & since, ~ since, swore by the name of God, aboard a
Dutchman, & he told him of it. The oath was a by God. Geo.
King confessed he spak the words.
[175]  I1 The Governor told him that when the son of an
Egiptian blaspheamed the name of God it was not borne. Its
the peirceing through the name of God in passion, wch is a
high provokation of God, whereas the rule is, let yor words be
yea, yea, & nay, nay, & by a mans words he may loose his life.
It was hoped it was only a rash & sinful oath, some have
bin boared through the tongue, other have bin in the stocks &
their tongues in a cloven stick. But hopeing this was not
dispitfully don, the centence of the court was, that he should
be whipped, and in the interim be kept in the marshals hands.
John Meggs informed the court, he had received much
damadge in a parcell of hay by Mrs. Turnrs cattle, about 4
load.
Mr. Gilbert witnessed that he saw Mrs. Turnrs cattle 3
times at G. Meggs hay.
Wm Wooden informed the court that 3 times he fetched
cattle thence.
Mrs. Turner replyed, the cattle gott in at som fence being
downe, & dry catle had bin in the meddo, 100 at a time.
James Till said, he has seene 3 yonge catle 2 or 3 dayes too
gether, & 3 cowes at once from morning till night, at the hay.
Goodman Andrewes and Goodman Cooper, being at Mr.
Gilberts farne, were desired by Goodman Meggs to goe see




294           NEW HAVEN COLONY RECORDS.          [1646
the hay, & by others relation of what it had bin, they judged
that 4 load was stroyd, Goodman Cooper had formrly seene it
when there was litle losse, &c. The centence of the court was
that Mrs. Turnr pay Jno Meggs 3 load of hay, or 30s equivalent
vnto it.
Ricd Beech informed the court that his coz1, Wm Iles had
done some work for Mr. Mullyner, & severall times he had
desired to have had it issued but he hindred it, & now latly he
refusseing to make payment for what was don, he had him
warned to the court to answere it.
Mr. Mullyner told Ried Beech, if he would prove the bargaine & pformance of it, he would pay him.
John England said he was to vnderpin his howse, make a
backe to a chimney, stone a well & get the stons, for three
pownds; but to his knowledge he had noe time set him for
the doeing of it; he being at work at Mr. Shirmans, whose
necesjtj was very great, he desired Wm Iles to get some boddy
els to help hm, but in flue severall times they came & things
were not ready, & when they had don his howse & almost finished the well, insomuch that there was 20 inches water, 7
weeks after Michaelmas; after that, Jno England would have
put a caske in the bottom, & dugg it deeper, but Mr. Mullyner
would have pswaded him the spring were risen 2 foote in the
well, when it was otherwayes in Goodmn Wards well, as was
tryed, & he hath held them of wth delayes, that it is yet
vnfinished.
Edward Tredwell informed the court, that he has heard it
said it was well don, so far as it was donne, but in the issue the
sand lyeing one the side of it, it being made in a banke side,
filled.
The centence of the court was, that Mr. Mullyner pay 55s
vnto John England and Rich Beech, (and that he pay 5s)
besids the chardges vnto them, Jno England finishing it.
Theophilus Higinson hath sold 3 acr a of vpland vnto
John Punderson, lying wthin the first devizion.
Theophilus Higinson hath sold vnto Goodmll Johnson seaven
acr. of vpland lyinge wthin the first devizion, lying next Goodman Todd.




1646]         NEW HAVEN COLONY RECORDS.            295
John Nash hath sold 5 acr ~ of meddow on the Indian side,
vnto Jno Vincent.
John Nash hath sold 7 acr ~ vpland vnto Roger Allen, wch
lyeth in Mr. Lambertons quarter.
[176]  IlThomas Hogg haveing bin imprisoned vpon suspition
of bestyality wth a sow of his mistreses, for about 2 or 3
monthes agoe, there was a discovery of that wch is conceived
bestyalitye, a sow of Mrs. Lambertons pigging two monsters,
one of them had a faire & white skinne & head, as Thomas
Hoggs is. It being considred of, Mr. Pell was sent for, and
afterward was fownd another wth a head lik a childs & one
eye lik his, the bigger on the right side, as if God would discrib the party, wth the discription of the instrument of bestyalytie. This examinant being sent for & examjned about it,
he fetched a deepe sight, fell in his countenance, but denyed
it; but information was made of sundry loathsome passadges
concerning him, as discovereing his nakednesse in more places
then one, seemeing therby to indeauor the corrupting others,
and being told of it, he said his breeches were rent, when
indead his sperit was rent.
Thomas LIogg said his belly was broake, & his breeches were
streight, & he wore a steele trusse, & soe it might happen his
members might be scene.
Goodie Camp informed the court, that for all she could say
to him, yet he did goe so ashis filthy nakednesse did appeare;
she has given him a needle & thridd to mend his breeches,
but soone it was out againe, & he would tell her his breeches
were tore & burnt.
The faults for wch he was imprisoned were two. For that
of bestyalytie, guilt did appeare in his carryadge, although he
denyed he was at farme when the sow took bore, & would not
have gon to fetch home the swyne about their pigging time, &
being sent once & agayne, he went, but brought them not
home, but one of bro. Thompsons famyly fownd them in lesse
then halfe a day.
Afterward the governor & deputy, intending to examyne
him, caused him to be hadd downe vnto his MrS yard, where
the swyne were, & they bid him scratt the sow that had the




296           NEW HAVEN COLONY RECORDS.           [1646
monsters, & immedyatly there appeared a working of lust in
the sow, insomuch that she powred out seede before them, &
then, being asked what he thought of it, he said he saw a
hand of God in it. Afterwards hee was bid to scratt another
sow as he did the former, but that was not moved at all, which
Thomas Hogg acknowledged to be true, but said he never had
to doe wth the other sow. The court was informed that he
seeing his mrs swyne, & this sow that had the monsters, yet he
would not bring them home.
Nicholas Elsie said he knoweth that Thomas lHogg did question whether that sow was his mistrises or noe, & shewed an
vnwillingnesse to have them home.
Mary, servant vnto Mrs. Lamberton, informed the court
that the neagar was the first in the famyly that observed his
discovereing his nakedlesse, & told him she would flying fier
in his breeches if he continued thus; and divers times herself saw it, & told him of it, but he would deny it.
He had discovered himselfe to be an impudent lyar, and
forward in stealing. Lucretia, the governors neagar weoman,
informed the court that while she was in the famyly wth hm,
she saw him act filthjnesse wth his hands by the fier side, & the
next day the child & Hannah told her of it, & she asked whether
hee was not ashamed. And she hath scene him take his hand
out of the pott & a dumpling with it. Mary, aforementioned,
added she saw him take cheese out of the buttrey, & speaking
to him about it he denyed it presently.
The centence of the court was, (leaveing that about beastyalytye to be further considred on,) that for his filthynesse,
lyeing & pilfering, he should be sevearly whipped, & for the
future time during his imprisonement, that he be kept wth a
meane dyet & hard labour; that his lusts may not bee fedd.
[177] IIJohn Charles was required to answere for his contempt of the court, that they sitteing & sending a warrant for
him, yet he goes away wthout any leave, conteiffing the
authority of the place therein.
John Charls answered, it was true he went away, it being
vpon a pinch of time and skipper Zeaker stayed for him, & he
was told that warninge should have bine given before that




1646]         NEW HAVEN COLONY RECORDS.           297
time, & so not lawfull warninge. Espetyally speakeing to his
bro. of Totokett that he should informe the court how it stood
wth him, he thought it noe contempt.
Thomas Wheeler, Thomas Lawrence and Timothy Alsopp
vpdn oath affirmed, that when the said Thom Wheeler had
told John Charles he must goe to Newhaven, John Charles
asked him what he should doe there, Thomas Wheeler said
he must answere to such things as were brought against him.
John Charles answered, that they had more neede aniswere
him for threescore pownds they tooke away from him. Thomas
Wheeler saith further that John Charls said, that to take
away his mony & to deale so wth him, was the Judasest trick
that either he or ever man was served. Thomas Wheeler told
him he must take heede, it was against authority, but John
Charles answered he ment Mr. Evance. Thomas Wheeler
replied that Mr. Evance could not take away his monny & that
it must be meant of the court, for what Mr. Evance had of
him, it was by order of court.
Thomas Wheeler further affirmed, that haveing the warrant he went to the vessell & told them his businesse, John
Charles replyed he had noe power over him and that he could
not doe ought wthout a water-bayly. Skipper Zeakar cornming ashore, was vnwilling & refussed to set them aboard or
John Charles ashore, although he told him he had a warrant
for him. Then he told him that if lie carryed him away, he
must give an account for it; the he told the said Thomas
Wheeler that if he went aboard he would carry him away.
Then gott they an Indian to helpe them aboard, & then they
brought John Charles away with them.  All wch John Charls
sought to evade & fell to say he had bin wronged by Mr.
Evance, however now he must lye at the mercy of the court,
but he intended noe contempt of the coiurt, although told at
Con-ecticott they give three dayes warninge.
Goodman Banister informed the court, that on the second
day at night, George Smith & himselfe were at Goodman
Brownes the bakers, where John Charls was & said the shipp
was goeing forth but might not returne, then said he why?
38




298           NEW HAVEN COLONY RECORDS.           [1646
John Charles answered they had gott sixty pownds from him,
but if any wise man were in the plantation, it had not bin soe.
George Smith informed the court that he heard John
Charis say, if it had binne in any part of Newhaven he had
not bin cast, but he remembers noe more.
The centence of the court was that (for his contemptuous
cariadges and vile expressions, tending to the deffameing
the court for doing justice according to their light,) he should
pay twenty pownds to the jurisdict'.
Mr. John Evance informed the court that John Charls had
gone vp and downe in a slanderous way reproachi[ng] him
and sayeing he had cheated hiim, and said he was as vnmercyfull as a dogg &c. Although he had the next day after the
court, bin downe wth him wth anothr & told him  he perceived his sperit was troubled, but mynded him how he had
sate downe satisfied till he heard such reports that made it necessarv for him to move, & told him further if yet it should
appeare that it was not his dew wch the court ordred him, he
desired not to possesse it.
[178]  IIBrother John Mose informed the court that his
brother John Charles sayd AMr. Evance had broken his promise once or twice in monney or beauer lent him, the wch Jno
Charles acknowledged. Jno Charles said he had bin out of
his wages these two yeares and has had promise of beaver, and
601 in beaver he paid Long Islandmen, & yet hmselfe was Ynpaid.
Againe he helped Mr. Evance wth some beaver wch he heard, together wth that he should have, goeing for England, but it was
sent to Connecticott, Mr. Evance telling him he should have it
wth him for England. Captayne Smith commeing in received it
& carryed it into the Bay, when his expectation was to have
it wth him v way of Virginia to carry for England.
Mr. Evance replyed that Goodman Charles haveing sayled
Ionge in the bark, at length, makeing vp accounts the companny were fownd his debtors, and hee was ordred to pay it,
then John Charls said, you oweing mee already 201 or 301,
pray let me have it altogether when I shall goe'for England,
& I promised to pay it him in beaver or by a bill of exchange
to Mr. Eldred. And in September or Octoberlast Jno Charles
came to Mr. Evance & told him he would then for England,




1646]         NEW HAVEN COLONY RECORDS.             299
so that till then noe monney was due so as to call for danmadge
vpon nonpayment.
In September Mr. Evance sending to John Charles by Mr.
Dymnocke to keepe that coat beaur in his hands wch he had,
for his purpose was it should goe with him to England. But
John Charles afterward hearing that Ralph Worry had some
coate beauer of Mr. Evance, he thought that was it, but it was
some other as appeared by Wm Andrewes oath, servant to Mr.
Jno Evance, welh was as followeth,
That W1T11 Andrewes maketh oath that by the order of his
mr Mr. Jno Evance he, the said William Andrewes, packed vp
1071b of coate beaver & one'otter skine in a cask, wchll he
received of the Dutchmien for the vse of his ml Mr. John
Evance, wch was directed to Mr. Lacke of Boston to be sent
to Mr. Eldred of London, out of wch he was innordred to pay
Goodmrn  Charles his bill of exchange. Mr. Evance informed
the court that he paid Mr. Woory wth beau' that he received
from the fort of D'Aurange. Leiut. Joseph Godfrey informed
the court that he heard Mr. Evance give order to Wrm Andrewes, and also the promise that passed to John Charles.
Mr. Evance said he dealt faithfully wth John Charles, for
he intended to have sent it by way of the Bay, hearing he
went that way, til afterwrd, wch made him take that care.
Although he seeth himselfe short in that he gave not due
notice thereof, seing he might have gonne e the way of the
Rivers mouth.
Jno Charles said this was all he had to say for damadge, if it
did amount to anything or noe. Bro. Mosse required of Mr.
Evance a reason whj he demanded execution so suddenly, he
answered, because of Jno Charles speedy purpose to dept.
Thomas Newton of Fairfeild  maketh oath, that John
Charles, being at Mr. Pells howse, affirmed that Jno Evance,
for the goodwill of the said John Charles in len[ding] him
coate beaur for some time, for welh the said John Evance had
promised him a bill of exchange, bee had mearly cheated hil.
Joseph Alsop of Newhaven affirmed that he had sayled for
John Evance two years, & it was longe erre he could get him




300              NEW  HAVEN COLONY RECORDS.               [1646
to acct, & that being come to accompt, & he was to have his
monny, he sd hee was mearly cheated by him as at last.
[179]  IILeiut. Seely witnessed that before the court John
Charles said that there was hoe more mercy in Mr. Evance
then a dogg, & when he had any advantadge he would vse it,
and that thus he spake at Phillip Leeks.
John Charles acknowledged the grownd of all these words
was the boate.
The centence of the court was, that seing this way of slaldereing not only reached to the defaming Mr. Evance, but the
wounding him  in his credit & faithfulnesse, wech is to vndoe
him so fare as lay in his power, he was fyned 501b to Mr. Evance.
AT A COURT HELD MARCH THE 2d 1646.
John Sackett demnanded a debt dew from  Stephen Medcalfe
of 18S.
Win Fancy informed the court that Stephen Miedcalfe said
vnto Jno Sackett in his hearing that he had forgott to reckon
the 15s lhe owed him, wch he said he would pay him  the said
John before he went, of wch he was ready to make oath.
Bro: Myles & bro. Whitnell are desired to view Stephens
howse & judge what it is worth e weeke.
Win Illes his inventory' was presented to the court, wherevponl the Gor propownded that Rich Beech give in securyty to
the content of this court, or els pay into the treasurers hands
the vallew  of the inventory.  Bro. Anthony Thompson and
bro. Clarke are desired to view the land Rich Beech presents
for securyty at home.  Also ordred that the secretary wright a`- "An inventory of Willm. lies his goods with the prizes.'
Sum ~9. 19. 10. prized by John Clarke, Antho: Tompson.
Win. Iles Dr. To Mrs Shearman ~0. 10. to Goodman Charles ~0. 10. 3. to Goodnan Ives ~0. 10. to Goodman Pecke ~0. 0. 6. to Goodman Larramore ~0. 0. 3. to
Peter Mallorie ~0. 6. to Rich Booth ~0. 4. to Serjeant Andrewes ~0. 0. 7. to Winm.
Bassett ~0. 0. 6.
Wm Iles Creditor. For work done at mill ~2. 7. from Mr. Godfrey ~2. 1. from
Goodman Heards ~0. 15. from Mr. Mullyner ~1. 1. 6. from Arthur Halbidge ~0. 0.
10. from Wm Peck ~0. 1. 10. for 9s which was in a purse of wompm brought from the
trading house ~0. 9. from Isaac Beecher ~0. 2. from John Mosse ~0. 0. 6. for a howe
valued by Roger Allen ~0. 2. 6.




1646]         NEW HAVEN COLONY RECORDS.             301
letter to the towne where Wm Iles lyved, vnto his brother, and
that Richard Beech should bring into the court what chardges
he hath bin at in gathering the inventory.
Thomas Yale hath sold vnto Robert Johnson 62 acr. of
vpland in the 2d devizion, 15 acr ~ of meddow, & 5 acr. 5 in
2 pcells, wch is 2 of the first devizion of David Yale, & 3 acr.
l in ye neck.
It was ordred that the proportions of John Meggs, John
Gregory and Robert Preston be setled vpon them  severally,
they buying the proportions of 3001 from Mr. Evance.
Samuel Hodkejs was called before thle court for theft.
Sarah Rutherford informed the court that Samuell Hodkejs
had taken from her 201b of lead wch he had brought agayne,
But she haveing promised some lead looked for it & fownd it
wanteing, wondred at it what was become of it. At length
Goodman Walker had some suspition of Samuell HIodkeyes, &
speakeing vnto one of it, he telling *Sam. Hodkeys of it, he
then layd it wth Edw: Preston & W7Vm White, & said he had it of
them, informing that vpon the ships coming back unexpectedly & these yong men in her, they were called lead marchants, & so he slandred them.
But now he acknowledgeth his sinne, & he judgeth in
hmnselfe that the court cannot passe too heavy a centence vpon
him, for he had sinned against his light & conscience, and
confesseth he hath formerly bin given to this way of theft.
It is now the greife of his hart that he cannot bee suffitiently
affected wth it. And further acquaynted the court that the
axe he formerly tooke from Mr. Evances gate, he did in his
conscience feare now it was his, although then hee wthstood it.
The centence of the court was that Samuell Hodkejs make
double restitution, and that for his slanders & lyes that hee be
whipped publicquely, and that he pay the chardgs of the court.




302           NEW HAVEN COLONY RECORDS.            [1646
[180]  AT A GENERALL COURT HELD THE 10tlh OF MARCH,
1646.
The names of people as they were seated in the meetinghowse were read in court & it was ordred they should be recorded, wch was as followeth,
First for the mens seats, vizd.
The midle seates have to sit in them,
1 Seate, the Governour and Deputye Governor.
2 Seate, Mr. Malbon, Magistrate.
3 Seate, Mr. Evance, Mr. Bracey, Mr. Fra: Newman, Mr.
Gibbard.
4 Seate, Goodmin Wigglesworth, Bro. Atwatter, Bro. Seely,
Bro. Myles.
5 Seate, Bro. Craine, Bro. Gibbs, Mr. Caffinch, Mr. Linge,
Bro. Andrewes.
6 Seate, Bro. Davis, Goodman Osborne, Antho: Thompson,
Mr. Browning, Mr. Rothrford, Mr. Higginson.
7 Seate, Bro. Camfeild, Mr. James, Bro. Benham, W'n
Thompson, Bro. Lindoll, Bro. Martin.
8 Seate, Jno Meggs, Jno Cooper, Peter Browne, Wln Peck,
Jno Gregory, Nich Elsie.
9 Seate, Edw. Banister, John Herryman, Benja: Wilmott,
Jarvis Boykin, Arthur Holbridge.
In the crosse seats at thle end.
I Seate, Mr. Pell, Mr. Tutle, Bro. Fowler.
2 Seate, Thom Nash, Mr. Allerton, Bro. Pery.
3 Seate, Jn~ Nash, David Atwater, Thom Yale.
4 Seate, IRobert Johnson, Thom Jeffery, John Punderson.
5 Seate, Thom Munson, Jno Leavermore, Rogr Alln, Jos:
Nash, Sam Whithead, Thlom James.
In the other litle seate, John Clarke, Marke Peirce.
In the seates on the side for men.
1. Jeremy Whitnell, Wm Preston, Thom Kimberley, Thorn
Powell.
2. Daniell Paul, Rich Beckly, Richard Mansfeild, James
Russell.




1646]           NEW  HAVEN COLONY RECORDS.                   303
3. Wm Potter, Thom  Lampson, Christopher Todd, Willm
Ives.
4. Hen. Glover, Wm Tharpe, Mathias HIitchcocke, Andrew
Loe.
On the other side of the dore.
1. John Mosse, Lucke Atkinson, Jno Thomas, Abraham
Bell.
2. George Smith, John Wackfeild, Edw. Pattison, Richard
Beech.
3. John  Basset, Timothj Ford, Thom  Knowles, Robert
Preston.
t4. Rieh Osborne, Robert Hill, Jno Wilford, Henry Gibbons.
5. Francis Browne, Adam Nicholes, Goodman Leeke, Goodman Daighton.
6. WVm  Gibbons, John  Vincent, Thomas Wheeler, John
Brockett.
Secondly for the weomens seates.  In the midle,
1 Seate, Old Mrs. Eaton.~
2 Seate, Mrs. Malbon, Mrs. Grigson, Mrs. Davenport, Mrs.
Hooke.
3 Seate, Elder Newmans wife, Mrs. Lamberton, Mrs. Turner,
Mrs. Brewster.
4 Seate, Sister Wackman,  Sister Gibbard, Sister Gilbert,
Sister Myles.
5 Seate, Mr. Fr:  Newmans wife, Sister Gibbs, Sister
Crayne, Sister Tuttil, S. Atwatr.
6 Seate, Sister Seely, Mrs. Caffinch, Mrs. Pery, S. Davis, S.
Cheevrs, Jno Nash's wife.
7 Seate, David Atwatrs wife, S. Clarke, Mrs. Yale, S.
Osborne, Sister Thompson.
8 Seate, S. Wigglesworth, Goody Johnson, G. Camfeild, S.
Pondrson, G. Meggs, S. Gregory.
9 Seate, Sister Todd, S. Boykin, Wm Pottrs wife, Mathias
Hitchcoks wife, Sister Cooper.'~ The following passage, from Lechfords Plaine dealing, explains why no seat is
assigned for Mrs. Eaton, the Governor's wife. " At New-haven, alias Qtinapeag, where
Master Davenport is Pastor, the excommunicate is held out of the meeting, at the
doore, if he will heare." Mass. Hist. Coll. 3d series, iii. 73. Reference has already
been made to Mrs. Eaton's excommunication.




304            NEW HAVEN COLONY RECORDS.               [1646
In the crosse seats at the end.
1. Mrs. Bracey, Mrs. Evance.
2. Sister Fowler, Sister Ling, Sister Allerton.
3. Sister Jeffery, Sister Rotherford, Sister Leavermore.
4. Sister Preston, Sister Benham, Sister Mansfeild.
5. S: Allen, G: Banister, S. Kimberley, G. Wilmott, Sister
Whitnell, Mrs. Higinson.
In the litle crosse seate.
Sister Potter ye midwife, and old Sister Nash.
[181]  11         In the seates on the sides.
1 Seate, Sister Powell, Goodye Lindoll, Mrs. James.
2 Seate, Sister Whithead, Sister Munson, Sister Beckly,
Sister Martin.
3 Seate, Sister Pecke, Joseph Nash his wife, Peter Brownes
wife, Sister Russell.
4 Seate, Sister Iues, Sister Bassett, Sister Pattizon, Sister
Elsie.
In the seates on the other side the dore.
1 Seate, Jno Thomas his wife, Goody Knowles, Goody
Beech, Goody Hull.
2 Seate, Sister Wackfeild, Sister Smith, Goody Mosse, James
Clarks wife.
3 Seate, Sister Brockett, Sister Hill, Sister Clarke, Goody
Ford.
4 Seat, Goody Osborne, Goody Wheeler, Sister Nichols,
Sister Browne.
Brother Andrewes, bro. Munson & Goodman Basset were
desired to view the posts of the meeting-howse, & to see if the
girts fly not out & to doe whats necessary for the preservation
of the whole, lest insensibly they should decay.
Mr. Evance had liberty to depart the court.
Richard Pery secretarie had liberty to goe a voiadge for the
comfort of his famylye, and Mr. Francis Newman was dissired
&' declared himselfe willing to attend the service in his absence.
s These words [was dissired &] interlined by Mr. Newman.




1646]         NEW HAVEN COLONY RECORDS.             305
It was ordred that the former men chosen to view Goodman
Wilmotts land should set a rate vpon it, that so the towne may
be paid Thomas Fugills fine.
Mr. Malbon informed the court that himselfe & those chose
wth him to view the land that bro: Andrewes, bro. Cooper &
Serjt Beckly desired onn the east side, & thought it might be
noe way prejuditiall to the towne, wherevpon it was ordred
that a survey be taken of the quantytye of the land.
Brother Crayne, brother Myles and Leiutenant Seely were
deputed to view a cart-way betweene Milford and Newhaven,
and to make report to the court how they find it.
It was ordred that   A    d a head be layd on the cattle
(ihedyatly, but finally on the fences that are defective,)
brought to the pownd, report being made of some fences that
are downe. It was also ordered that the fences be viewed
after stormes, and that the viewers be paid for their paynes
therein by those whose fences are defective.
It was ordred that the view be made euery last whole weeke
in euery month by the viewers of the fences, that so defects
may be returned to the next court, wch may be a means to
prevent damadge.
It was ordred that every cow-keep burne his owne walk &
that he be paid by them whose heard he tendeth.
Whereas there hath bill a question about a highway to those
lotts at the Oysterpoynt, it is ordred that Mr. John Wackman
& bro. Anthony Thompson shall issue it by order of this court
and consent of the qurter.
It was ordred that noe man put any cattle in the Necke before May day. And if any be fownd there, they are powndable, & that hoe man drive his cattle any other way then as his
land lyeth in the towne, eastward or els northward.
Brother Wackman, brother Myles and brother Davis vpon
request of bro: Mitchell were to view some land desired by
him at the playnes.




306           NEW HAVEN COLONY RECORDS.            [1647
[182]  AT A COURT HELD AT NEWHAVEN THIS SIXT OF APRILL,
1647.
Thomas Nash informed the court that there is some fence
downe in that quarter wch they call Mr. Malbons quarter that
they find noe owner for, therfore the court ordred that the
owners of the land wthin that quarter shall meete vpon the
fift day of this weeke, at 4 a clocke in the afternoone to setle
the fenceinge vpon the partyes it properly belongeth to. And
for euery partye that fayles to meete according to this order,
they haveing lawfull warninge, shall pay 12d.
James Heywood was called forth to answere for the sinne of
drunkennesse, the chardge against him standing thus, that
being called to went aboard a Dutchmalns vessell, and did
there drinke stronge watters in such excesse that he made
himselfe drunk by it, so as that he had not the vse of his reason, nor of his tongue, hands or feete; so that there is all the
caracters of a drunken man, as was most fully proved when he
was cast out of the church. The Governour further declared
to him how greatly his sinne was agravated wth manny circumstances, but espetially that he, being a member of the
church wth whom the Lord had dealt so kindly with, and he
so to requite the Lord was a sinfull foolish thinge, oh foolish
people & vnwise, doe you thus requite the Lord.
He haveing liberty to speake for himselfe answered, I owne
my sinne and take the shame, and doe confesse the name of
God hath bin dishonered and blaspheamed through mee, for
my sinne hath manny circumstances wch maks it greivious,
for wch the hand of the Lord is justly out against nmee, so that
I have nothing to say, but doe justifie the proceedings of the
court in what God shall guide their harts to.
This answere being given, the Governour opened the case
thus, Drunkenesse is among the fruits of the flesh, both to be
witnessed against, both in the church and civill court, and its
a brutish sinne, and so to be witnessed against. A whip for
the horse, a bridle for the asse, & a rodd for the fooles backe, &
his sinne is more heynous as he was a member of the church.
But it hath not bin brought to mee that this man hath bin




1647]         NEW HAVEN COLONY RECORDS.             307
given to drunkennesse, nor is it fownd that it was an appoynted meetinge for drinking, but he being called, drank an excessive quantitye wch caused these efects. I leave it therfore
to the courts judgement whether they shall find it a dispositi5
to drunkennesse or an act onlye.
The court considering what had bin said, thought it not a
disposition to drunkennesse in him, nor a match appoynted for
drinking, therfore thought not to punish it wth corporall punishement, but by a fine. Therfore the centence of the court
was, that James Heywood pay fivety shillings to the towne for
this act of drunkefiesse.
An atatchmt being layd vpon the goods of Mrs. Stallion by
Richard Platt of Milford for a debt of 57s, it was ordered, that
Mr. Goodyeare & Mr. Newman, who were intrusted by Mrs.
Stallion wth her estate, doe pay doe pcay the aforesaid Ricd
Platt the 57s wch is due to him for rent of the howse wch
Mrs. Stallion did live in, & the said Ricd Platt doth promise,
that for any thing done to the howse by Mrs. Stallion, when
the covenant is out he shall stand vnto such just considerations as is fitt.
AT A COURT HELD AT NEWHAVEN THE 4th MAY, 1647.
An entry of 5 acr. 4, 12 rodd of land lyeing on the west side
abutting eastward vpon a highway by the west meddow, westward vpon the second devizion of land on the west side,
allyenated from Richard Beech to Anthony Thompson.
Richard Myles & Jeremy Whitnell haveing bin apoynted to
view Stephen Medcalfes howse, returned to the court that the
fence stands, and John Sackett hath put vp some pales & spent
some nayles; the said John gave in a noate to the court, of
chardges wch had bin spent about the howse, to the vallew of
about 17s 8d, & what the howse & lott was worth by the yeare
to defray this chardge, or what it is worth to be sold, was
refferred to Richard Myles & Anthony Thompson, and to take
in the helpe of some workmen with them.
[183]  I1 Brother Leavermore desired his fine wch he was




308           NEW HAVEN COLONY RECORDS.           [1647
fined for contempt of the court might be remitted, but it was
respitted.
Brother Leavermore is also charged wth late comming wth
his armes one Lords day, but because the serjeant was not
there wch accused him it was respitted.
Richard Smoolt, servant to Mrs. Turner, was chardged by
his Mrs. for sundry grosse nmiscariadges, as for scoffing at the
word of God weh was preached by Mr. Cheevers, for other
rebellious carriadges in the famylye, as when his mistrisse sent
him for any necessaryes he hath thown part of it into the fire,
& part into the watter, & said it should never doe here more
good. When he hath asked for a pott in the howse, & it was
told him his Mrs. had it, he bid the Divell goe with it, and
when his Mrs. came to correct him for a lye, he turned againe
and did wringe her by the arme & if the other servant had not
taken him of, it was thought he would have beaten her. He
asked her daughter Rebecca if she were not wth child and
therin slaundered her, he haveing noe grownd soe to doe.
These things being cleared to the court by witnesse and his
owne confession, besids other miscarriadges charged vpon
him, the centence of the court was that he should bee seuearly
whipped.
Edward Banister complayneth that Thom Osborne being
cow-keeper for the cowes on their side, and his among the
rest, did one day loose one of his cowes neglegently by leaveinge her in the feild swamped, and saith that the said Tholl,
kept in howse that day to keepe himselfe drye because it did
rayne & saith Mr. Hooks man can say something to it.
Mr. Hooks man sath that he mett wth Nathanjell Seely as
he came home, who kept cowes wth Thom Osborne that day,
& told him that it was a wett day to keepe cowes in. I, saith
hee, but I was the most part of the day in a wigwam or some
shelter.
Thom Osborne, answered for hmrselfe, that day he kept the
cowes & Nathanjell Seely with him, and carfully turned the
cattle from the swamps, & when they were to come home, Nathaniell Seely he sent throughout the playnes wth the cattle
& went to search the swamps himselfe, least any cattle should




1647]         NEW HAVEN COLONY RECORDS.             309
be there, but fownd none, and thought there had not bin a cow
behind, but at night Goodman Banister denmaunded his cow, &
he would have gon that night though it rayned to seeke her,
but they agreed to goe in tile morning & did so, but fownd her
not. It was demanded of Nathaniell Seely how long they
were ill the howse, he answered, not aboue 4 of an hower.
And Thorm Osborne said the day was exceeding wett & they
went in there to shelter themselues a litle, the cowes being
hard by the howse, & staid not, & for what shelter els they
had vnder some bowing or hollow tree. The next day after
they went againe to seek her, and Georg Smith and Rich
Osborne went with them. George Smith said they went
downe that swamp where afterward the cow was fownd and on
that side of the swampe, but saw noe cow but a black thing in
the swampe wch they tooke for a stumpe of a tree, yet they
sought dilligentlye as if the cow had bin their owne.
Richard Osborne said they went rownd the swampe as well
as wee were able, we searched & went through the swampe
twise, and if it had bin my owne cow I could have looked noe
otherwayes, & for my part if it had not bin a thing hidd, I
cannot tell how wee could misse her.
The court considring things as they have bin held forth by the
severall witnesses, doe not see growhnd to charge Thomas Osborne wth any grosse neglect in this matter, either in looseing
first the cow, or after in seekeing her vpp. Therfore the centence of the court was, that Thomas Osborne be freed from
the losse, & Goodmn Banister must beare it as an afflicting
providence of God cast vpon him.
John Bishopp, servt to Mr. Allerton, was complayned of for
want of armes, & though hee made sundry apologies, yet the
court saw cause to fine hmn, but because his Ar is much absent
& yt it did also appeare yt who his Mar heard of it he tooke
care to pvide, ye court did inclyne to favour & did abate halfe
of the fine for want of armes, so yt the fine to be paid*
[                         ]
[184] IIWm Payne for neglectinge to bring his armes one
lecture day, was fined 6d.
* Half a line worn away.




310           NEW HAVEN COLONY RECORDS.           [1647
Further Wm Payne was complayned off for not comminge
time enough one Lords day morning & eveninge, but seing it
appeared he was very neare before the drume had don beating,
and consideringe the distance at wch he lives & he saith he
could not heare the first drO, the court saw cause to moderate
the fine, & was fined for both but Is.
Roger Knapp was complayned of for not bringing his armes
one Lords day, & for not comiTng to the squadron meeteinge,
but being absent it was respited.
Wm Gibbons was complayned of for late comminge one
Lords day, but it apearing he was not well, nor in case to
come, it was passed by.
Mr. Caffinch was complayned of for late comming one Lords
day, but respitted.
John Lawrenson was complayned of for late comminge 2
Lords dayes & one night to watch, but respited.
Rich: Beech propownded to the court for helpe, Mr. Mullyner not paying to h"l' what the court ordred hln to pay for his
cozIl, Wm Iles. The court propownded that hee would stay
till another court, wch he inclyned to doe.
Further, whereas Anthony Thompson & John Clarke were
to view some land of Rich1 Beeches for securjtie of Wm lies
his estate, they' thinke the land is not securytye, therfore the
court gave him time till the next court to provide sufficient
securytye, or els to pay it into the treasurer.
AT A GEN11 COURT AT NEWHAVEN 17th MAY 1647.
The Governo'r propownded & acquaynted the court that
those that were apoynted to audite the treasurers accompts had
done it & fownd that the towne was indebt, and sundry things
were to be paid to severall men & the treasurer had it not in
hand to pay, therfore there is cause for a new rate to be levyed,
that righteousnesse may be attended. After much debate, it
was voted that one halfe years rate be forthwith paid into the
treasurer, ouer & aboue the yearly rates in their ordynary
course.




1647]         NEW HAVEN COLONY RECORDS.             311
The Governor propownded to the court about the monney
paid for imprisonements, whether it should wholly goe to the
mrshall over & above his yearly sallery, and it was voted that
it should.
It was propownded by Leiut. Seely that the planters in the
towne whose mynds were industrious that way, might have
libertye to set vp wares to catch fish for the releife of their
famyljes and good of the towne, and it was granted they
should, provided that there be noe stopping of lighters, nor
damming vpp of rivers or harbour to bring further inconveynyence to the towne, & that they be not prjuditiall to the wares
the Indians have already set vpp, nor shall any man set vp any
ware to the hinderance of another wch is already set vp
before.
Serjeant Nash propownded whether it was the courts mynd
that mrs of watches should be freed from walking the rownds
& standing sentinell on the Lords dayes, but after some debate,
the thing was respitted till another court.
Wm Preston, who was intrusted to looke to the shutting
the meeting-howse dores, was desired to keep them constantly
shutt, & that they be opened vpon the Lords dayes & lecture
dayes before the first drui'me is to beate, and Wm Andrewes
was desired so to repayre & order the dores that they may be
opened on the outside when vnlocked & vnbarred, & at other
times to shutt fast & secure.
Robert Bassett was desired to beat both the first & second
drunie, vpon Lords dayes and lecture dayes, vpon the meetinghowse, that soe those who live farr off may heare them the
more distinkly, & he promised so to doe.
Capt. Malbon propownded to the court, that seing the towne
had noe cullrs for the trayne band, that therfore the towne
would pay for part of them or wholly, & let the artillery have
the vse of them, & the drummer might be paid by the towne
for drumming for the artillerie, but it was respitted.
[185]  liThe Governour propownded that the colledge cornme
might be forthwith paid, & that considering the worke is a service to Christ, to bring vp yonge plants for his service, and




312           NEW HAVEN COLONY RECORDS.           [1647
besides, it wilbe a reproach that it shalbe said Newhaven is
falne off front this service.
It was propownded that they wch want hay, would speake
in time to the treasurer, that the meddow in the townes hand
may be disposed off.
It was propownded that seing it doth apeare that both yonge
cattle & hoggs doe goe vpp the neck way, and finding the gate
shutt doe swimne over & doe damadge, whether it was not necessarie therfore that a fence and gate be made crosse the way
at Mr. Tutls corner, for preventing the same, & it was voted,
that a strong fence & gate be made & kept at the townes
chardge.
Brother Andrewes acquainted the court that he is now goeing to fence in his meddowe in the necke wherin the springs
is, that therfore the towne would appoynt some to view what
may be for the townes conveyniency, that it may be left out &
he have allowance for it elswhere, & bro: Cooper was appoynted to doe it.
It was ordered that the Necke be driven this afternoone by
bro: Cooper, and what cattle are fownd more then belonginge
to them who have given in their names & quantities of land
to the governor, shalbe pownded for breach of order.
The Governor acquaynted the court that bro: Andrewes
had bin wth him & told him that hee thought it not conveynient for him to keepe the ordynary any longer, then August
next he cannot keepe it; & therefore declares it now, that the
towne might thinke how to provide for another to doe it.
Bro. Andrewes & Goodmil MAeggs both came late to the
court, but they made such excuses as the court accepted, &
they were freed from the fine.
Henry Morrall & bro. Lampson vpon their request had liberty to dept the court.
Captayne ilalbon propownded that the towne had bin ill
provided of serjeants, in regard that Serjeant Jefferys is abroad
much by reason of hs occassions at sea, therfore whether the
towne will not see cause to chuse another serjeant in his
roome, and the rather seing Serjt Jeffreys hath earnestly
desired it, as Leiut. Seely & Serjt Munson did testifie in court.




1647]         NEW HAVEN COLONY RECORDS.               318
The captayne also affirmed the same & that he was vnwilling
to move for a change till that now he vnderstandeth Serjt Jefferys purposeth to imploy himselfe more fully in sea affayres.
Well being considered, bro: Wam Fowler was chosen serjt for
the towne.
Corporall Leavermore desired the court that he might be
freed from the place of a corpll, because he thought his necesary occassions would call him to goe for England, his desire
was granted & bro. Joseph Nash was chosen corpll to the
towne companny.
Goodman Wilmott propownded to the court that he might
have the 24 acres of land wch was Thom Fugils, at the foote
of the West Rock, granted to him as land is given to other
planters as inheritance, and he will give to the towne 38 a
yeare till the 201 be paid for the fine due from Thom Fugill,
well fine the said Thomas ordrd to be paid out of this lands;
and the said Goodman Wilmott will fence it at his chardge.
After much debate about it, the court saw cause to grant it to
Goodman Wilmott vpon his desire, and so it was ordered. But
seing it did appeare in court that the said Thom Fugill had
made over this land to one in the Bay for monny he owed, &
that before he left it to the towne for their fine, therfore it is
ordered, that if any one come & lay clayme of the land &
recover it, that then what rent the said Goodmin Wilmott hath
paid to the towne, they shall pay back agayne to him.
[186]  IlAnd further it was ordred that the said 24 acres of
land shalbe soe laid out as Goodmn Wilmlotts howse shall not
stand vpon it, but neare to the side thereof, for the more conveynient improvement of the said land, and what land he hath
broken vpp without the 24 acres, lie is to have the vse of it
for this yeare.
It is ordered that the measures and waights of greater or
lesser quantity, wch men buy & sell by, shalbe brought into
the meeting howse to be tnyed, vpon the fift day come seaventh
night, wch wilbe the 27th of this instant month, & whosoever
shall faile hereof is to pay 12a fine & yet to fall vnder the
gen' courts order for any vnrighteousnesse.
40




314           NEW HAVEN COLONY RECORDS.            [1647
Viewers chosen for the severall quarti's for this yeare ensewinge.
For Mr. Eaton & Mr. Malbons quarter, Mr. Francis Newman & Thom Kimberly.
For Mr. Newmans & Mr. Brownings qrtr: Rich Becklye and
Andrew Loe.
For Mr. Evance quarter, John Meggs and Thomas Wheeler.
For Air. Wackmans quarter, Mr. Wackman & Thom Osborne.
For Mr. Grigsons quarter, Henry Lindoll and Thomas
Barnes, but Thom Welch is to satisfie Thom Barnes for his
paynes, or els to pvide another.
For Mr. Lambertons quarter, Mr. Jannes and Wm Preston.
For the suburbs onn both sides the creeks, Mathew Camfeild & WnV Thompson.
For the Oystershelfeild, Francis Browne & Mathew Moulthropp.
For the playnes, Wll Davis and Adam Nicholls.
For the farmes on this side the East River, Joshua Atwatter & Wm Potter.
It was ordered by the consent of the planters of Mr. Wackmans quarter & Mr. Evance qurter, that Jasp Crayne and
Francis Newman shall consider of the fence in difference
betwixt them, & so end it if it may bee, if not, to report back
to the court againe. They are also to consider of a like difference betwixt Mr. Lambertons quarter and the suburbs.
It was propownded whether all the towne but magistrats &
church officers should not watch and trayne, but after much
debate it was respited vntill another court.
Wm Andrewes propownded that himselfe, Jno Cooper &
Rich Beckly might have a neck of land lyeing one the east
side, beyond the pine river, conteyning 113 acres, which was
formerly refferred to the view of Mr. Malbon and Mr. Francis Newman, and that they might have this 113 acres instead
of 70 acres wch they were to have in their second devizion at
the end of Mr. Evance quarter.
The court considring the distance of this land from the
townle & the difficulties wch would attend the improvement of




1647]         NEW HAVEN COLONY RECORDS.               315
land so farr off, & on the other side of the river, granted it to
them, provided that a place be left next the great river and a
conveynient way to it, that there may be liberty to bring any
thing to or from the land beyond, if it shall come to bee improved, and further it is agreed yt they shall pay rates for
their 70 acres wch was there first prop alottment, the 43 acres
added being rate free. The bownds & lymlitts of this necke
of land is as following, vizd.
[The remainder of this page is blank,]
[187]   AT A COURT HELD AT NEWHAVEN THE FIRST JUNE
1647.
Thom" Kimberly alyenated one acre of meddow vnto Francis Browne, wllh meddow lyeth on the island in the East
River, & on the side next Mr. Davenports farme.
Mr. Caffinch for late comminge one Lords day was fined 1s.
Rich Osborne haveing in a gen1 court chardged the watchmasters of this towne wth sleeping all the night, & said he
had rather watch for a watchmr for 6d a night then for a
watchmn for 12d a night, weh expressions were to the great
offence of the watch-masters, and the case was then com1mended to the perticuler court to consider of Rich Osborns
chardge, by the gent court then mett. The Gor informed
Rich Osborne that he had, by his rash words, layd the watchmasters vnder vnfaithfulnesse in their trust.
Rich Osborne said in his defence, that his answere was in
the genl court, that he could not clearly prove they slept all
the night, & so desired to fall vnder his rash words.
Rich Osborne added that in a perticuler his witnesse is
absent wherby he should have proved a mr to have slept, & in
answere to a question put to him he said, hee did know of this
case before he spake in court, wch was Mathew Camfeild, who
being watchmr, finding fault wth some one of his watchmen,
said he would not burden his conscience for any of them, but
himselfe, after the watch was set forth, fell asleep, and then




316           NEW HAVEN COLONY RECORDS.           [1647
one of the watchmen said to him, doe you not burden yor
conscience wth that, vizd, sleepinge.
Againe Richard Osborne complayned of Anthony Thompson, that the last night hee watched he fell asleep before the
watch was sett forth, & he spake to Georg Smith of it, & he
touched him wth his sword & waked him, & that Luke Atkinson told him, alas, poore man, he was asleepe. Rich Osborne
was informed this was not his way, but that he should labour
to see his owne evill & acknowledge it, and not indeavour -to
lessen his evill in this way of searching out somthing to hide
his sine, as this of Antho: Thompson, if it should be true,
would prove, espetially it being don since the last generall
court, wherein he spake so slanderouslie of the watchmasters.
The centence of the court was, that Rich Osborne should
pay 40s fine to the towne, for his slanderous reproach layd on
the watchmasters, wch he was not able to make out or prove,
and also that in a generall court he make a full acknowledgemt of his sinne.
Rich Osborne complayned of Antho. Thompson, that the last
time he did watch he fell asleep before the watch was sett forth,
and that he did speake to Geo. Smith of it & then he, the
said George Smith, did touch him wth his sword to wake him.
Also he saith Luke Atkinson told hin, as they walked the
rownds together, alas, poore man, he was asleepe, & his hat
did lye vpon the grownd.
Luke Atkinson informed the court that Rilch Osborne poynted vnto him to bee an eye witnesse of the thinge, but it was
before the watch was sett he thinks.
Rich Osborne herevpon said that Luke Atkinson in regard
of the absence of one watchmn (standing somtime sentinell in
his behalfe) standing long & not being releived, went into the
fier to warme him & fownd him asleepe, & that after he had
stood sentinell awhile & come in, Antho. Thompson desired
him to stand sentinell againe, wch shewed he had bin asleepe.
The Gor asked Rich Osborne whether he could prove a sleepe
in an vndue manner.
Rich Osborne answered he thought he might take oath he
was asleepe so long as a man might goe from the watch-howse




1647]         NEW HAVEN COLONY RECORDS.             317
to the meeting-howse, although neither of the other two
chardge him wth it, adding he had told Luke Atkinson that
hee was disordrly sleepinge. But Luk Atkinson saith he
remembreth noe such thinge. But this case was thus left wth
the aprobation of the court & Richard Osborns consent.
[188]  I Roger Knapp absent from squadron trayning ye 7th
Aprill & late vpon the Lords day 18th Aprill, he answered that
for the squadron trayninge he had forgott it, & his wife being
forth he stayed with the children; & for that Lordsday, his
wife his wife had bin sicke the Lordsday before, & she desiring
now to goe to meeting, he stayed at home. He was fined is
towards the squadron trayninge neglect & the other was
passed by.
John Nash hath sold his second devision of vpland wch he
had wth Mr. Mansfeilds lott, vizd 11 acres, to Mathew Moulthropp & 11 acres to George Smith.
Peter Browne hath sold 2 acres 32 rodd of meddow to
George Smith wch is all the pportion of meddow in the west
meddow, & 5 acr. 4 of vpland lyeing in the first devision of the
suburbs quarter.
George Smith aljenats 1 acre 16 pole of the forementioned
meddow vnto Mathew Moulthropp.
Peter Browne hath sold all his land in the Neck to Mr.
Malbon.
Geo: Smith hath sold all his land in the Necke to Mr.
Malbon.
Vincent Meggs was complayned off for not bringing his
armes one shewing day and was late one Lords day, & was
fined 6s.
John Lawrenson complayned off for conmminge late to watch
one night, for coifinge late 2 Lords days. Mr. Malbon answered for hm & said that one Lords day the cattle brake out
of ye yard & he followeing them to prevent damadge, because
it was in the spring & then cattle were apt to be swampt, but
he came & mett ym that walked the rownds in the mrket place,
and at another time fell asleepe & outslept himselfe, fined for
2 defects, 2s.
Thomas Lampson absent from one squadron trayninge, hs




318         NEW HAVEN COLONY RECORDS.             [1647
answere was that it fell a rayning & thundring when he was at
lott & he thought that would put by the trayninge, but the
compa exersised. He was fined 2s 6d.
Jno Leavermore desired that his fine for contempt might be
taken off, but the court, but ye court as yet see noe reason to
move ym to it.
Samuell Hodkejs totally absent one trayning day answered
he did want bread & went to mill; this answer not satisfying
the court, it was ordred that hee pay 5s, the fine for totall
absence.
AT A GEN' COURT HELD AT NEWHAVEN 5 JULY, 1647.
It was desired that as meni had formerly ingadged themselues to contribut a portion of come to the colledge, that the
would not now be slacke in carrying it to the collectors, but
that wthin 7 or 8 dayes at farthest, these that are behind
would pay, for its a service to Christ & may yeald pretious
frut to ye collonyes herafter, being that the commissionrs have
taken order that none should have the benifit of it but those
that shall remayne in the country for the service of the same,
the bringing in of weh come was ingadged by vote.
It was now remembred that formr orders were made for the
incouradgement of the sheapheard, but lately it is fownd that
vppon some speeches that he hadd mett wthall from some,
he has entertayned thoughts to remove. Therfore it was desired that things might be so considered off, that the sheepe
with himselfe might bee kept in this towne, for thereby much
good may redound to the publicque.
Herevpon it was ordred that the Necke, or so much of it as
may be improved by the sheep, should from time to time be
made vse of as a sheep pasture, & to that purpose it was further ordered that euery one who hath grownd in the neck
should cleare his land, according to order from the committee
to be chosen to treate wth Goodman Smith, & consederation
was had also about a penn to keepe sheepe in, all wch wth
sundry other questions was coffiitted by this genll court vnto
those of the perticuler court, joyning to them elder Newman,




1647]         NEW HAVEN COLONY RECORDS.             319
bro. Myles, Mr. Tuttle, Mr. Caffinch, Mr. Gilbert, Mr. Wack[189]  man, 1] Wnm Preston, bro: Camfeild and Goodman
Johnson, as a committee vnto whom all questions concerninge
the sheep buisinese is refferred.
In regard of a former order made concerninge the leaveing
of some questions about a highway in Mr. Lambertons quarter, vnto bro. Wackman & bro. Antho. Thompson to issue, &
their thoughts beinge that it will best, as they conceive, answere all the quarter if the highway runne through the midle
of their lands. Goodmln Hitchcocke thinking his right too
much to be intrenched vpon therby, besides some extreame
inconveyniencjes to follow on him besides, the consideration &
full determynation of all questions in that poynt was recommended vnto Mir. Malbon & Mr. Francis Newman, bro: Wackmail & bro. Thompson, and the quarters meetinge, and the
said committee are to give notice when & where they will
meete, & if any fayle of conmminge, he shall pay 12d fine for
his defect in none appearance, & also shalbe bownd to stand
vnto what those that meete doe conclude of in the case.
Bro: Andrewes was desired that himselfe & some others
formerly deputed, would againe view the west bridge, that all
further damadge may be seasonably prevented and the woike
as soone as may bee (thats to be don,) finished.
It was ordred that in the orders about watching, theise
words be added, (that euery watchmr must see & view the
armes of every watchman that they be comlpleat,) wch is but
the exposition of the former order.
It was propownded that men would cleare wood & stones
from their pale sides, that the watchmen in darke nights might
the more safely walke the rownds wthout hurt thereby, & the
orders about watching were read in court.
Richard Osborne who had formerly given publicque offence
by chardgeing the watchmrs generally wth disorderly sleepeinge, neglect of their dutie in their trust committed to them,
now made acknowledgement of his sinne in so chardgeing
them, whereas he is not able to prove any such miscarriadge,
& perticulerly, to justifie himselfe had called Antho: Thompson into the court, & had chardged Mathew Camfeild & Mr.




320           NEW HAVEN COLONY RECORDS.          [1647
Tutle wth neglects or sleepeing dureing the time they should
have bin wakeing & attending their trust, wch he was not able
to prove against any of them, wrh did satisfie.
Bro: Mitchell & Goodmn Daighton request the court to bestow a peice of spare grownd vpon them which lay betweene
their howse lotts, with promise to mayntayne the highway before their dores or howselotts & stopp the currant that now
spoyleth the way. And the grant of the land wth a view of
the conveyniency of it to the towne & them with the inconveyniences that may attend Goodman Buckingham was refferred vnto brother Rich Myles & bro: WVn Davis, & what they
should doe therein the towne would allow of. The land to be
devided in proportion to each as the committee see cause.
It was ordred that the captayne wth the rest of the mjlitary
officers should see one Jno Jaclkson, servant to Mr. John
Wackman, & judge whether he be meete for exersise and
watchings, considering that he is purblynd.
AT A COURT HELD.AT NEWHAVEN THIS 6th JULY, 1647.
The Governor informed the court that it had bin above a
twelue month since Mr. Thomas Trowbridges howse & land
had bin sould vnto Mr. Evance, & that therfore he had desired
Mr. Evance to come to the court, none of the monneyes being
yet paid.
Mr. Evance answered that he received the land for country
pay & also he bought in it refference to debts dew to him from
some of the creditors, who owed hm monnyes.
The Gor told Mr. Evance that monnyes were due to the
towne for the rates of ye land 101 or vpwards, wch must bee
paid. Mr. Evance promised to see that disclhardged, only
said if the debt were demaunded, he would hope the court
would doe hm the lik right, that he may have whats dew to
him from others, web the court told him he should not fayle
of. Wherevpon Ric" Pery & Henry Gibbence were desired
against the next court, to cleare the debts dew to them by
good testimony.




1647]         NEW HAVEN COLONY RECORDS.            321
[190]  il John Hall informed the court that Mr. Wilks formerly of this towne had promised to give his wife tenn pownds
if she should serve out her time wth him wch she did. And
to prove that promise brought first Wm Payne, who vpon oath
affirmed, that the first time that he heard his Mr Wilks speake
this was at Boston, on what grownds he knoweth not, that if
his mayd would stay out her time, he would give her tenn
pownds, & this hee heard him say often here before the servants in the howse.
Brigett Wilks vpon oath affirmed that she heard her vncle
promise to give Goodye Hall ten pownds if shee served out
her time.
Sister Hall informed the court that she demaunded nothing
of her mistris because her mistris told her her master would
give her a portion.
A difference betweene Mr. Francis Newman, Thom Mitchell
and Goodman Dayton was presented to the court. Vpon the
courts advize that 2 men might be chosen to end it, by consent Mr. Crayne & Goodman Myles wer chosen.
Mr. Thom Pell haveing attatched about 2001 of Mr. Zellicks
goods, Mr. Pell & Mr. John Evance entred themselues as
security to the court for ye damadges.
Ambrosse Sutton for comminge too late at watch was complayned off. But Mr. Crayne affirming day light was not in,
& armes not viewed, nor the watch sett, it was passed by.
Richard Osborne haveing satisfied the court & the watchmrs
concerning his wronging them, desired his fine might be taken
off, but it was respitted.
Wm Blayden being warned to the court and not appearing,
it was accounted a contempt.
Brother David Atwater being absent from the watch one
night was ordred to pay his fine. Also defective another time,
but he layeing the fault on the mr of the watch it was respitted.
Mr. Henry Brunwin hath sould to Goodmn Wm Judson, his
dwelling howse, howse-lott, w h the orchard in it, & the barne
that now is standing onn it, 37 acr of vpland wch is his first
devizion wthin 2 myle, wth 7 acr. ~. 24 rodd in the Necke, 21
41




322           NEW HAVEN COLONY RECORDS.          [1647
acr. of meddow, and 84 acres of vpland wch is his second devision, all his right in coffions & oxe pasture & whateuer hereafter
shalbee a privelidge to his lott, together wth a bedstead and
trundlebedd, a paire of valiance & a peice of blew darnix, a
malt-mill, a well buckett & chayne, two loads of clay brought
hom, & the fence about the lott repayred, as e a bill of sayle
appeard prsented in court.
AT A COURT HELD AT NEWHAVEN AUG. 3d, 1647.
Wm Blayden warned for a contempt the last court, his answere was the could not not come because of the extreame
payne he was vnder wch satisfied.
Also he was complayned of for late comming 2 Lords dayes,
one day he heard not the drume, and thother day he haveing
wett the day before in the evening it rayninge, & he not able
to mak a, fier to dry his clothes, was forced to lye abedd the
Lords day. For these defects his answere was vnsatisfying, &
he fyned 2s. It was ordered that the next court he appeare
to hold forth the sight of his sine in profanely neglecting to
com to the ordynanses.
Bro. Benham for his neglect in warninge David Atwater to
watch was fined 5s.
Mrs. Turners man absent from the watch one night was
complayned onn, Mrs. Turner did answere that she had 2
oxen tooke hurt & were in danger to dye, & in attendance on
them it proved the qeglect of the watch, wch satisfyed the
court.
Mihill Palmer was complayned of for absence one night
from the watch, he answered he had provided & agreed Rich
Osborne to watch all the yeare for him. Rich Osborne denyed
any such agreemt absolutlje made wthout condicon, but he
being ill could not attended as in former seasons he had, &
when he gave Mihil Palmer notice he was ill, did his indeauor
to have gotten one to have watched but could not, wherevpon
it was passed by.
[191]  jj Mr. Whitman, elder at Milford, alyenated his




i647]              NEW  HAVEN  COLONY  RECORDS.                          323
howseing, lands, &  what right he either hath  or may have
hereafter in Newhaven, vnto Mr. John Bracey.
Richard Osborne acknowledged that he had in a gennerall
court chardged the mrs of the watches wth  that he could not
prove, nor was true in itselfe, & by what was said in court he
was eonvinsed of his sinne, & haveing satisfied the masters of
the watches in a gennerall court his fine vppon his intreaty
was reriitted.
Mr. Jno Bi'acey doth alyenat to Mr. Wackmn 21 acr. I &
20 rodd of meddow wch lyeth in the west meddow, 10 acr~
beyond the river, wthin  the lynes of the  quarter, &  11 ac. &
20 rodd  to be layd out in Solitary Cove or Mr. Malbons meddow as its cast.
Also 19 ac.  - of vpland, lyeing  beyond  the West River in
the first devizion.
And  164 ac. wch  is all his second  devizion, wth  all the
allotemts & privelidges which shalbelong thereto.
AT A COURT HELD AT NEWHAVEN THE 7th SEPT. 1647.
Sister Preston presented her husbands will & the inventory
of his estate to the court to be entred.'
"The will of William Preston, made July 9, 1647.
" I William Preston, a member of the church of New Haven, being upon my death
bed as I conceave, through the blessing of God have my understanding and memory
perfect as in tymes past, doe make and ordayne this my last will and testament, in
manner and forme followinge.
"To Joseph Alsops wife, my daughter, I give 20s, or if her husband be willing to
take 3 acres of land, lying in first devision by the sea side, and build and dwell there,
he may. But if bee intend not to dwell there, the 20s is all she can demande. My
sonn Edward, I give him in the same lott before mentioned three acres of ground, if
my wife see it may be a benefit to him to further him his way according to God, or
els 20s is all he can demand. To my sonne Danyell I give 20', and John is to have
20s when he comes to bee twenty yeares of adge; and I give to my daughter Mary,
20', to be paid when she is.nineteene years of age, and for the rest, where the time of
payment is not mentioned, I leave it to my wife when she can conveniently pay it.
As for Wm. Meakars wife, in that upon her marriadge and since I have given her is
more thanI can give to any of her brothers or sisters, yet I give her five shillings. As
for the rest of my estate, which consists in house, lands and cattles, moveable goods
whichI have here in Nlew Haven, in New England, I give all to my wife for the
bringing up of my children that God hath given mee by her, in consideration she was
a means to bring mee and the rest to New England. I have an estate in Old Eng



324                NEW HAVEN COLONY RECORDS.                         [1647
Wm  Blayden contemptuously neglecting to bring his armes
one Lordsday, made it his excuse, that being wett the last day
of the week, & his clothes being wett & not haveing means to
dry them as he said, came not to the exersise that Lordsday.
The truth appeareing to be noe other then a profaine neglecting, yea dispising the ordynances of Christ through sloathfulnesse, wherevpon  the judgment of the  court was that he be
publicquely whipped, as he is the first profanely breaking the
Saboth, worshipping not God nor wayting for a blessing from
him onn himselfe.
Edward Parker being warned to the court for rates dew  to
the treasurer, some pt before he marryed the widdow, & some
part since, Edw. Parker promjsed pay for what is dew since he
marryed the widdow, in come shortlye, & for that before John
Potters death dew, it was respitted.
Wm  Pert was warned to the court for taking water-myllions
one Lords day out of Mr. Hooks lott, & Mr. Hooke complayneth that he hath often bin abused this way, &  since that time
his orchard hath bin robd.
Wm  Perts answere was that his Mr sent him  into the quarter & to see whether there were any hoggs wthin the fence, &
he was bidd by his Mr to bring hom a watter-milion wth him,
he being bidd to goe that way through  Mr. Hooks lott, after
the Saboth, he tooke 2 wattermilions, he said it was the first
land, and for part of my house and land and other goods given by my father to my
elder brother and myself, wherein a foefment of law calling to councell and left in the
hands of two foefees, namely, Mr. William Lawson and Mr. William Banke, to be kept
in trust on our behalfe when wee should demand it, ourselves, heires, execntors, administrators or assignes, lying in Yorkeshire in a town called Giglesweke in Craven. This
land and goods, what is of it, is to be devided into fouer parts, to be equally devided
amongst the children I had by my former wife, as Daniell, Edward and John Preston,
and my daughter Elizabeth, Sarah and Mary, and the fourth part I give to my wife,
and for my son John, I leave him in the hands of Brother Roger Allen and Brother
Thomas Munson, to place where they two shall thinke good to dispose of him, to such
a calling, either by land or sea, as he shall like his calling and master.
"To these former I set my hand, William Preston, as my owne act. Witnesse
Roger Allen, Thom. Munson."
Wm. Preston Dr. to Zachry Whitman ~10, to Mr. Malbon ~0, 7, 8, to Joseph Alsop
~0, 18, to Roger Allen ~1, 5, to Bro: Wheeler ~0, 6, to Isaac Whitehead ~0, 5, 8, to
Wm. Russell ~0, 1, 6, to Mrs. Lamberton ~0, 3, 9, to John Chidsey ~0, 9.
Winm. Preston is Cr. dew from Mr. Allerton ~0, 6, 9, from John Clarke ~0, 4, 10.
Inventory taken 30th day of the 6th month 1647, by Mathew Gilbert, Joshuah Atwatter, sum ~65, 15.




1647]         NEW HAVEN COLONY RECORDS.             325
act of his in this kind & hoped it should be the last. For his
vnrighteousnesse & profannesse of his sperit & way, so soone
thus to doe after the Saboth, he was to be publiquely corrected,
although moderatly because his repentance did appeare.
Mr. Francis Newman & Goodman Myles were desired by
the court to vallew Mr. Turners estate.
Thom Ceffinch his will was presented to the court, wherin
Mr. John Ceffinch was made executor, but at the present he
declared himselfe not free to accept of it.
AT A COURT HELD AT NEWHAYEN THIS 5th OCTOBER, 1647.
Mr. John Bracy allyenats vnto Mr. Kitchell his house and'
homelott, conteyning 2 acr. & halfe, and 25 ac. of vpland,
lyeing in Mr. Wackmans quarter next Mr. Wackmans land,
and 5 ac. of meddow, be it more or lesse, lyeing at the end of
Mr. Wackmans quarter in the west meddowes, & 9 acr. of
vpland, be it more or lesse, lyeing in the neck wth what
cofnonag remained yn vnsold.t
Mr. Bracey alienats to Mr. John Evance 5 ac. of meddow
lyeing at the end of the Yorkshire quarter, in the west meddowes.
Mr. Bracey alyenats to Goodman Boykin 9 acr. 20 rodd of
meddow, lyeing next Goodman Gibbs & Goodman Fowler in
the west meddowes.
[192]  II Mr. Evance hath sold to Wm Potter 27 acr~ of meddow as it commeth to him in the townes books, and it lyeth
in the east meddow betweene Mr. Crayne & bro. Punderson,
and 32 acr. of vpland belongilig to it next to Mr. Gilberts
farme.
Mr. Evance hath sold to Henry Gibbons 20 acr. 4, 17 pole of
the land formerly belonging to Mr. Trowbridge, wch is part of
the first devizion of land lyeing one this side the West River;
and 2 acr. of meddow in the west meddow lyeing next Mr.
Allertons meddow.
3 These words [house and] interlined by Mr. Newman.
t The last six words added by Mr. Newman.




326          NEW HAVEN COLONY RECORDS.          [1647
Mr. Evance hath sold to Antho: Thompson 4 acr. 26 rodd
of Mr. Trowbridges first devizion, lyeing on the west side.
Mr. Evance hath sold to Wm Gibbons 2 ac. of Mr. Trowbridges meddow next Mr. Allerton.
Mr. Evance hath sold to Mr. Rotherford 3 acr. of meddow.
Mr. Evance hath sold to Jno Walker 3 acr. of the same
meddow.
y Mr. Evance hath sold to Rich Osborne 3 acr. of the same
meddow.
Mr. Ceffinch chardged Hen. Whelply wth driveing away a
bullock of his long since, by wch means its lost.
Henry Lions testimony vpon oath was read, wherin he testifieth that though they had indeauored to have driven back a
beast of Mr. Ceffinches towards Newhaven, from Mr. Crayns
penn onn the west side, they could not, but went wth the
cattle driven to Milford, & neere Mr. Tapps they parted Mr.
Tapps cattle, & testifieth that Henry Whelply wth the rest of
hs cattle drove away a stray beast of Mr. Ceffinches, &c.
Goodmn Daighton saith that hee looking wth others for Mr.
Bernards cattle, & finding them with strange cattle, mett Mr.
Crayne who told them they had neede looke to it what they did
to drive away strafig cattle, for he had smarted for it, but being
at Mr. Crayns penn on the west side, some Milford cattle went
away & Mr. Ceffinches bullocke wth them, then he told Henry
Whelply, he would not have any hand in driveinge away strang
cattle & so came away. But he further affirmeth that about
3 weeks after he saw the same bullocke vnder the West Rocke.
Mr. Knell informed the court that at the waterside at
Poquanock ferry they did indeavour to have driven ouer their
cattle, and then one ranne away but afterwards was fownd,
and Mr. Caffinch doubting it had bin his bullocke had the
sight of it & liked it not, and indead all of them proved Mr.
Bernards. Goodmn Daighton testfied vpon oath what he had
respectively testified.
The centence of the court was that the damadges must fall
vpon the playntiffe, he being defective in proofe of hs chardge,
and ordred to allow 5s to Henry Whelply besids the chardges
of the court.




1647]         NEW HAVEN COLONY RECORDS.            327
Roger Knapp complayned of wronge don him  by Mr.
Ceffinches swine & monney dew to him, but could not get it,
but by consent of both partjes. G. Judson & Mr. Wackman
were chosen to arbitrate and end the difference.
Goodmn Johnson alienated 5 ac 6 of vpland to Rich Pery,
wch was the 2d pt of the first devizion belonging formrly to
Dauid Yale.
Phillip Galpin appeared on behalfe of his wife who should
have bin corrected for her sinfull folly in fornication, but now
seing a barre was put in by God in her affrightmt so as her
miscariadge would be hazarded, she being wth child, if she
were brought forth, as appeared vpon testimony from the midwife, she was fined 20s, the court respecting mrcy in her case.
Ambrosse Sutton was warned to the court for giveing out a
false report concerninge Margaret Cadwell, that she should
goe out of her Mr' howse vnto Mr. Jno Ceffinches when they
were abedd, & that Joseph Guernsie & Eliza Downinge went
forth wth her into the quarter to eate wattermjllions, about
one aclock at night, & were fownd by the watch. But he
added to her wronge, that they sent away Elizabeth Downinge
least that Mr. Caffinch should wake, and they two went together, & that Joseph Guernsie should say he could doe what
he would with her.
Ambrosse Sutton confesseth the thing is true,but feare hindred him at the Gor and hearinge it would be denyed, he also
denyed it against hs present light. Joseph Guernsie told him
part of this, and Richard Lovell the other part.
[193]  I1 Rich Lovell said that Joseph Guernsie told him he
had bin gathering watermjllions wth Margeret, & sitting downe
he fownd her plyable, he might have done what he would, but
said nothing to hm of the girles being there or sent away.
Joseph Guernsie denyed that he had told them soe as before
exprest, but true he had told them somthinge, but he could
not say soe of her.
Rich Lovell and Ambrosse Sutton both testified that he had
told them he could have don what he listed with her.
Eliza Downinge said she was by all the while & not sent
away as its reported.




328          NEW HAVEN COLONY RECORDS.               [1647
Thom Duffe, who lived in the famyly wth Margeret, informed the court he had never seene any light carryadge in her.
John Lawrenson told Mr. Malbon he was sorry he had
spoken at all of it, seing that them that had said it did denny
it.
Joseph Guernsie for his raysing a reproach vpon Margarett
Cadwell & afterward lying in the thinge when he was questioned, for wch he was fined 40s to the mayd & 20s to the
towne.
Ambrosse Sutton hearing this report spreads it to strangers,
& hearing he is lik to be questioned about, saith he will & doth
denny it before the magistrates, although it was witnessed by
two to his face. He was fined 40s to the maid he wronged and
20s to the towne.
Richard Lovell was fined for his hearinge this false report
& resolution to conceale it from the cogniscance of the magistrate, 10S to the maide.
Mr. John Ceffinch refussed to accept of the executorship to
hs bro. Thorn estate.
R. P. 1647.
[The remainder of this volume is in the handwriting of Francis Newman.]




1647]         NEW HAVEN COLONY RECORDS.               329
[For the record of the General Court October 18, 1647, see post p. 354.]
[We learn from the Guilford Records that there was a Court of Magistrates held at
New Haven, October 24, 1647.]
[194]  AT A COURTE HELD AT NEWHAVEN THE 2th DAY OF
NOUEMBER, 1647.
Samuell Hogkines dissired that he might have his fine, or
pt of it, taken of, wlh he was fined for goeing awaye from
trayning in the afternoone wthoute leave, but the courte sawe
no cause to abate any pt therofe.
Richard Myles being warned to bringe in an inventorie of
Thomas Clarkes estate, informed the courte that Thomas
Clarke only gave hime order to receive of Robert Emry 11l
for a house and lott sould to the saide Robert, wellh 111 hee,
the said Richrd Myles hath received, but he knoweth of nothing qf nothing elc left heare as any part of Thomas Clarkes
estate.
George Ward and Lawrane Warde plantiffs, declare against
the company of marchants of Newhauen, vizd, Mr. Theophilus
Eaton, now gouerner, Mr. Stephen Goodyeare, Mr. Richard
Malbon, Mr. Thomas Gregson. First, that the said company
spake to them to make a suit of blockes for the great shipp.
2dly, that they spake to Mr. Lamberton to give them the demensions.  3dly, that Mr. Lamberton did it. 4tly, that these
blockes were made by them the said Geo: and Lawranc Warde
and deliuered in and received by Mr. Hart as the companyes
agent. 5tly, that for these blockes the marchants promised
paye. 6dly, for these blockes they the said Geo: and Lawranc Warde haue received pt of ther paye.
First Lawranc Warde saith that, meetting Mr. Gregson and
Mr. Lamberton together in Mr. Dauenports streete, Mr. Gregson said to hime the said Lawranc, are yow aboute those
blockes, (for Mr. Gregson had formerly bespoke the blockes,)
Lawranc answered, I have spoke with my brother and wee are
willing to goe on if wee agree, but wee must haue the demensions from yow. Mr. Gregson said, brother Lamberton will
yow doe that, hee answered yea, Lawranc tould Mr. Gregson
42




330           NEW HAVEN COLONY RECORDS.           [1647
that Goodman Myles had spake somewhat to hime aboute them;
then Mr. Gregson said, what hath Goodman Myles to doe wth
them, the belonge to ye rigging, doe they not brother Lamberton, he answered yea; but Liftenant Seely can saye somewhat
to this matter.
Liutennant Seely affeirmed that he could testifye nothing
that Mr. Gregson did bespeake these blockes for the shipp,
but Lawranc Warde asked hime, the said Leiutenant, on time
to goe along wth hime to Mr. Lambertons, accordingly he did
goe wth hime; hee spake to Mr. Lamberton aboute paye for
these blockes, Mr. Lamberton said he bespake them not for
himeselfe, butt was sett on by the company and was their agent
to give direction to haune them done.
The Governer answered that they the saide marchants were
no company to any such purpose that what on did all did, but
euery on acted for himeselfe and must answer for his owne
doeings, but for himselfe in perticuler hee knew nothing of it,
so saith Mr. Goodyere and Mr. Malbon, and Mr. Gregson being
absent could not answer for himselfe.
Further Lawranc Warde saith that Mr. Lamberton came a
second time and bespake the blockes for the company as his
brothers wife can testifye. Goodey Warde saith she remembred when Mr. Lamberton came downe he wished her husband
and brother to goe on, for the marchants were willing to suit
them wth paye. She was asked if she knew wheither it were
for these blockes or no, she answered she knew not.
Lawranc Warde saith that Mr. Lamberton spake to them
to make some moldes weh they did and brought them to hime,
and hee wrotte vpon them how many thoer should be of a sort.
That the marchants did receive them, hee, the said Lawranc
Warde, proues by his owne testimony and Mr. Harts hand, for
le saith yt Mr. Malbon wished hime to deliner them to Mr.
Hart for them, and they did so, as Mr. Harts bill vnder his
owne hand will showe. Mr. Malbon saith he remembers it
not, but if hee did it was to doe them a kindnesse, because
they were to goe out of the towne and might not knowe where
to laye them.
Further Lawrane c Warde saith that the feoffees, vizd, Mr,




1647]         NEW HAVEN COLONY RECORDS.             33i
Wakeman, Mr. Attwatter, Mr. Crane and Goodman Myles call
saye something in this matter.
Mr. Wakeman saith for the bargaine he can saye nothing,
but a litle before Mr. Gregson went, some mottion was made
to them the said feoffees to paye, wch was verey strange to
them, and thervpon they mett at the gouerners wth the marchants, Goodman Warde was there and aleadged his want of
paye, the marchants conceived it belonged to the feoffees to
paye, but they thought it belonged to the rigging and could
not consent to paye any thing towards them. In that meetting
many speeches pased betwixt Mr. Lamberton and Goodman
Warde, and as the said Mr. Wakeman remembreth, Goodman Warde said Mr. Lamberton and Mr. Gregson acted wth
hime, and minded Mr. Gregson of that speech wth hime in
Mr. Danenports streette. Mr. Gregson seemed not to remember it, thoughe hee denyed it not, but said wthall that lee did
it as a servic to ye feoffees, these feoffees denyed yt, thervpon.
Mr. Gregson seemed somewhat moved and said to the gouerner, if they will not paye then I shall leaue my share, but
then I will haue them in my or our custody and will bee payde
before they passe.
Richard M3yles saith that Mr. Gregson said as hee vnderstood
hime that hee should leaue inoughe heare to paye for the
blockes and would take them  into his owne custody and
would bee satisfyed wthoute losse before they went, it was
asked wheither it was vpon this ground that bee bespoke
them, he said he could not tell.
Mr. Attwatter saith hee can add nothing to what hath bine
expressed.
[195]  II Mr. Crane said he tooke it vp that Mr. Gregson intended they should be payde for out of his owne estate, rather
then the men should bee vnpayde.  It was demaunded
wheither Mr. Gregson in all these debates did saye or carye it
as the companys agent, but they could not affeirm that, but
Mr. Evanc said that Mr. Gregson ever denyed it.
Lawranc Warde saith that his wife went to the gonerner for
some cloth vpon this account, Goodey Myles being wth her;
the gouerners answer was that bee had payde a some allreadie




332           NEW HAVEN COLONY RECORDS.           [1647
for her brother, wch was as much, for any thing hee knew, as
his pt came to. Goodey Myles saith she went wth Goodey
Ward to ye gouerners, she dissiered some cloth, he said hee
had not but for his owne vse, but for his pt hee had payde as
much as his pt came to, it was asked if she knew vpon what
account, she said no. Goodey Warde saith that the gouerner
said he had payde as much as his share, but cannot saye that
is was as a debt to her husband.
The Gouerner answered, it is true Goodey Warde came to
hime for some cloth, he tould her then, that for the blockes
he had nothing to doe wth them, nor did hee bespeake any,
but if the feoffees would joyne, rather then they should bee
vnpayde, hee would paye his pt; and for that he said hee had
payde as much as his share, it was thus, Goodman Whelply
threatening to put George Warde into ye courte for a debte
of 31: 10s:, the governer wished hime first to gett a meeting
of the feoffees to consider further of the blockes, others of
them being from home, Mr. Crane only came, and wth his
consent the gouerner gave a note to Goodman Whelply for the
31: 10s, and tooke the accquittanc in his owne and Mr. Cranes
name, refusing vtterly to paye a penny but in a joynt way wth
the feoffees. This both Mr. Crane acknowledged and the
acquittanci cleared.
Further, Lawranc Warde saith that Mr. Goodyere sent for
pt of these blockes & made vse of them. Mr. Goodyere saith
that Mr. Fowler sent to hime to gett him on blocke wch he
wantted for his vessell; he, the said Mr. Goodyere, tould them
that came, he had no right more then another to them, yett the
case being a case of necessitie, he acknowledgeth he sent for on
blocke, and Mr. Fowler promised to deliuer such another for
it, for he had spoke to Goodman Ward for some.
Captaine Astwood propounded that seing the case was difficulte, ther wanting full evidene on the plantiffs pt to cast the
cause against the defendants, and yett it was fitt the poore
men should bee payde for ther labour, that therfore the
mnrchltts and the feoffees, by consent, would joyntly put the
whole case to a referenc wth the plantiffs. The marchants
expressed themselues willing, and the feoffees answered, that




1647]          NEW HAVEN COLONY RECORDS.                333
as feoffes they knew not wheither they had power to doe it,
but being searched into and it appearing they had, they expressed themselues willing allso, and bothe the Wards expressed themselues very willing.  The matter being thus muttually agreed they chose ther men, the marchants chose Captaine Astwood, the Wards Mr. Disbrowe, the feoffees Mr.
Davenport; so the suit being stoped, the cause was reffered to
these 3, or any 2 of them to isue, by the consent of all pties.
Mr. William Westerhouse dissires of the courte, (Mr. John
Evanc being his interpreter,) that the three Duch men wch
are prissoners at this time, maye haue ther libbertie, and he
and Mr. Samuell Goodanhouse will bee bound in a bond of a
thousand Holland gilderes for ther appearanc.
Answer was returned them from the court, that if the said
Mr. William and Mr. Samuell would enter a recognesanc of
a thousand gilderes, that these three men weh are prissoners,
all and every on of them shall be forthcoming att the courts
call, they shall haue ther libbertie, and the said Mr. William
and Mr. Samuell being both present, said they would bee so
bound, whervpon the marshall had order from the courte,
that before Mr. Evanec he should deliuer the three prissoners to
them.
Further, Mr. William  Westerhouse, (Mr. Evane interpreter,) dissiered the courte to grant him an arest vpon that
money wch is in Mr. Goodyeres hand, to be payde to ye Duch
gouerner*, vpon the consideration of his shipp being taken
awaye; the courte answered that ther was a fixed estate stoode
ingadged for that money, and vnless a fixed estate can be put
in for securetie to such a vallew as maye beare all damadge
wch maye arise by such an arest, it cannot be granted.
Mr. Pery passeth over 35 acrs of vpland to John Clarke and
Samuell Whithead, lying on  end butting vpon the necke
highway, the other end butting vpon the mill highwaye, beI For the ship called the Zwoll, which the authorities of Fort Amsterdam had sold,
Sept. 21, to Mr. Goodyear, and contracted to deliver at New Haven. Under pretext
of conveying the craft in safety, they put soldiers on board, and by their meeans
seized Mr. Westerhuyzens ship, the St. Beninio, and carried it to New Amsterdam.
O'Callaghan, N. NO ii. 48,




334          -NEW HAVEN COLONY RECORDS.             [1647
twixt the land of William  Tuttill and the land of Fra:
Newma.
Mr. Pery paseth over to Richard -Iull, 10 acrs and halfe of
vpland, wch lyes neare the mill, wthin the two myle.
[196]  JIMr. Pery passeth ouer to Mris Turner 14 acrs and
a halfe of meddow, lying in the east meddowe, wch is all that
proportion wch did belonge to his owne proper lott.
Mr. Pery passeth ouer to Thomas Munson, 16 acrs of vpland,
well is on halfe of the second devission of land weh belonged
to that lott wch was old Mris Eattons, lying on the other sid of
the West River, behind the Yorkesheir quarter.
HIee passeth over 16 acrs more of the same land, lying in
the same place, to Thomas Moris.
Mr. Pell being warned to the courte to answer for some
ill returnes he sent to the generall courte when they sent to
hime for his wives fine, wch, as the gouerner tould ]lime,
rather held forth a contempt of the courte then otherwise, hee
said he thought it not his debte, but it was tould him his wines
debts were his; he said, the court cannot take what is mine.
The gouerner said ye courte must consider that, he said it was
a new thing to hime, he heard not of it, it was tould hime
that was not likely, but hee must know of it, seing it was done
in open courte, but if he had come to the court and given a
faire answer, something might have bine considered, but he
said he dissiered to consider of it. The court gave hime a
moneths time, and if he dissiered a copie of the proceedings
of the courte, he might have it, payeing the secretarie for
wrighting of it.
The 16th of the 9th monethl, William Andrewes junr was
called before the gouerner, magistrats and deputies for the
towne, and then was charged for the sinn of drunkennese
the last weeke, wch thing he did not deney but confessed as
hee needes must, ther being severall wittnesses wch sawe it;
as John Clarke, John Walker, his master Mr. Evanc; this fact
was considered.  The gouerner tould hime he was sorey he
was come before the courte againe for this miscariadge, seing
he had bine fined one allreadie, either for drunkennese or
drinking and the cause of others being drunken that now the




1647]            NEW  HAVEN COLONY RECORDS.                    335
courte must thinke of some other waye of punishment, seing
it seemes to bee a sinn rooted in him.
The court considering these things sawe cause to agree that
he should receive corporall punishment by whipping, for that
was the proper punishment for such brutish sinns, but because he was to goe awaye suddenly in his masters shipp,
(maye be this night,) therfore the courte agreed that 51 be
depossitted as a fine laide vpon hime, for wch 51 his master
Mr. Evane did vndertake, that bee at his returne he maye be
brought forth to the courte againe, and vpon good testimony
of his good cariage and behauiour the courte will consider of it.
ATT A COURTE THE 7th DAY OF DECEMsBER 1647.
The will of Nathaniel Draper' was deliuered into the courte
by William  Russill, for Phillip Galpin, and being read was
delivered to the secretarie to be recorded, wtlh the testimony
of Arthur Branuch and a bill  from Mr. Leach of the wages
due to the deceased Nathaniel Drapr, wch is to be pd by Mr.
Pell.
The gouerner acquainted the court that he heard that Anthony, the neager, his servant, gott some stronge watter, and
hee heard that hee was drunke, therfore, because it was openly
knowne, he thought it neecessarie the matter should bee heard
in the courte, whereas, had it bine keept wthin the compase
of his owne family, he might have given him family correction
for it.
Anthony saith he did goe to Mr. Evanec his house for some
suger, and Mathew, his neager, asked hime to drinke, he did
not refuse it, Mr. Evanc his neager pouered somewhat out of a
> " Will of Nathaniel Draper made the 25th of the 2,1 month 1467."
Gives to Phillip Galpine; all of the tobacco I have aboard of the barke Faulcon.
Said Phillip to receive all his wages due to him from Thomas Pell for.his service in
this barke. —Acquits Elias Parkman of a bill of ~3. 6. 4. except 20s that he gives to
Henry Rotherford. Witness, Arthur Branch.
Affidavit of Arthur Branch before Mr. Edward Hopkins at Seabrooke the 1st of
November 1647, that he witnessed the above will aboard the barke Faulcon, of New
Haven, then riding near Rikatan in Virginia.




336             NEW  HAVEN COLONY RECORDS.                [1647
runlett and gaue it hime and went awaye, and he drunke,
not knowing what it was, and after hee had drunke hee was
light in his head after hee came abroade.
Mr. Evanc his neager saith, Anthony coming to their house
he asked hime to drinke and poured out some strong watter
wch was in the bottome of a runlett into a pint pott and
drunke to hime.  It was asked hime, how many times Anthony
drunke, hee said but one, but as hee conceiveth, at one hee
dranke aboute the quantetie of 2 wine glasses.  It was asked
hime wheither lie gaue it hime for beare, or tould him what
it was, or wheither Anthony knew  it was stronge watter, he
said he could not tell.
The courte considering that it is the first time they haue
heard any thing of Anthony this waye, and possibelly he might
not know what he drunke till afterwardes, it being given him
in such a vessell as is vsed to drinke beare out of, and hopeing it will bee a warning to hime for time to come, thought
it fitt and agreed not to inflict any publique corporall punishment for this time, but as the gouerners zeale and faithfullnes
hath appeared, (not conniving at sinn in his owne family,)
so they leaue it to hime to give that correction weh hee in his
wisdome shall judge meete.
[197]  jJMris Turner deliuered into the courte an inventorie
of the estate left by her deceased husband, Mr. Nathaniel
Turner', wch was read and deliuered to the secretarie to bee
recorded.
Mris Turner and Mr. Pery chose Mr. Gibbard and Francis
Newman to heare and end some differene betwixt them
aboute the payeing in of some pease, wch Mrs. Turner was to
paye in to Mr. Pery for some meddowe she bought of hime.
-' "An inventorie of the estate of Mr. Nathaniel Turner."  Amount, ~457. 7. 3.
prised the 3d day of the 10thl month, 1647, by Francis Newman and Richard Miles.
Debtors, Thomas Meekes, ~14. Samuel Hodgkins ~5. Thomas Knowles ~0. 18.
Mrs. Gregson ~1. 2. John Benham ~0., 2. Benjamin Willmot ~0. 9. Thomas Pell,
William Andrewes for 3 hides.
The estate of Mr. Nathaniel Turner is debtor
To Mrs. Higginsons estate ~28. 7. to Mr. Malbon ~7. 9. to Mr. Gilbert ~1. 10. to
Roger Allen ~1. 7. to Mr. Pery ~7. 13. 6. to Mr. Allerton  for wages to servants ~2.
to Mrs. Stollion ~0. 12.




1647]         NEW HAVEN COLONY RECORDS.              337
Mris Turner declared to the courte that she conceives her
husband made a will and left all hee had to her dispose, as
two of her daughters can testifye the same. Rebecka Turner
saith, that when her father was to goe awaye, her mother dissiered hime to make a will, but hee answered that hee would
make no will, but hee judged her faithfull and had found her
faithfull, therfore left all to her and wished her to bee good to
the chilldren, and wished the chilldren to beare wittness.  Abigaile Turner testifyeth the same.
Mr. Evalc declared to the courte that he had taken out an
attachment for some goodes of Mr. Godfereyes, to the vallew
of 41, but because he was to goc awaye and he was lothe to put
hime to trouble, it was by his order only scrued vpon on hogshead of pease, he, the said Mr. Evanc, being content to take
some debtes of his hear for the rest, if it might be made goode,
but now some of those debtes seeme not to bee good, and the
hogshead of pease is required by his order to carye to the Barbadoes. The court tould hime that Mr. Godfery is not heare to
answer for himselfe, nor can any in the court answer for hime,
but the attachment being for the hogshead of pease, if Mr.
Evanec put in securetie to answer the damadge, he maye dispose
of them, and Mr. Evanec promised to put in securetie.
Steven Reekes, master of a vessell that came from the Barbadoes, was called before the court to answer for some miscariadges of his on the Saboth daye, vizd:-that he, the said
Steven, did, contrary to the law of God and of this place,
halle vp his shipp to or towardes the necke bridge vpon the
Sabothe, which is a laboure proper for the six dayes, and not
to be vndertaken on the Lords day. Mr. Reekes answered
that their shipp laye on ground and had not flotted some
dayes before, but that day the winde coming vp at the southeast, brought in a great tide, and then she flotted, and that all ye
company did was but to keepe her of from  unning on the banke
or driving vpon her ancor, the shipp hauing neuer a boate to
carie another ancor forth.  Hee was toold they should have
provided for that before, for it is ye duty of all men to remember the Saboth, and to provide so beforehand that nothing maye
disturbe them vpon the Saboth, vnlesse it bee in cases of
43




338           NEW HAVEN COLONY RECORDS.           [1647
mercy or workes of such necessitie as could not be provided
for the day before nor staye till the day after.
Mr. Larebe, a seaman belonging to the Phenix, was called
before the courte, to answer to some miscariadges of his vpon
the same Saboth, vizd, that he, wth some other company, went
aboard the Phenix, and did worke not proper for that day, as
halling of the vessell, and emptying some stones out of a cannow to help them in that servic. Mr. Larebe replied, that hee
conceived the worke was a worke of charitie, to preserve the
vessell that it might not perish, for their was some danger of
her ouer-setting; besid, Mr. Pery came to hime himeselfe, and
saide it was fitt some bodye should goe downe. Mr. Malbon
saith that Mr. Pery was at his house, and he was speakeing of
some danger the vessell might bee in, whervpon he wished
his sonne Pery to goe to Mr. Davenport and aske his advise.
Hee did, and Mr. Davenport tould hime hee should leave it to
Gods providence, the Saboth was a day of rest, and therfore
hee ought to rest. Then Mr. Malbon wished hime to give
order that nothinge should bee done, wch hee did, only on
might goe downe and see what state the vessell was in, but
that nothing, wthout apparent necessities be done to her, yett
Mr. Larebe, wth diueres others, went and wrought, contrary to
the lawe for the Saboth.
The courte considered bothe these cases and finde them to be
much alike, and considering the persons, that they are strangers, and thinking they did not doe it out of contempt, but
ignorantly, they agreed for this time, (that they acknowledging ther failings, and promising amendment for time to come,)
to passe it by, but if any of our owne take libbertie heareby,
the sentenc will bee heavier on them.
Abraham Bell paseth ouer to Jobe Halle his wholle lott wch
was given hime by the towne.
Mr. Rudderforde passeth ouer to William  Ives 4 acrs 1
quarter and 30 rode of vpland, of the first devission, wthin
the 2 myle, lying on the further side of the West River, on
both sides of a pee of lande called the club, on end abutting
vpon the west meddowe.
[196 bis] Theophilus Hiigenson passeth ouer to Christopher




1647]         NEW HAVEN COLONY RECORDS.             339
Todd his house and home lott in Newhaven, containing  ^
lying betwixt the lott now William Judsons, and Mr. Tenches;
wth 8 acrs and a halfe lying in the third devisson, of that
quarter, wthin the 2 myle, on end abutting vpon the plaines,
wch is the cow pastuer, betwixt the land of   A
And 24 acrs of land, if he haue so much, lying in the Necke,
by the fenc side wch goes downe to the meddow.  On pec of
mecddowe lying next the 24 acers of land, lying for 5 acrs and
a halfe, bee it more or lesse, wch is all the meddowe Mr. Higenson hath remaining to himselfe at present; and 20 acrs of
land on the other side the West River, wch is to lye amounge
the snmalle lotts.
Mr. Gibbard and Francis Newman were chossen in courte
by Mr. Caffinch and his brother Samuell, to heare, and if they
can, isue some differelc betwixt them, aboute some land wch
is to bee devided betwixt them.
James Hayward entreth againest William Wooden an action
of defamation, & declareth that the saide William Wooden,
hauinge bine in tile Baye and returned home heither to Newhaven, hath reportted diveres things of hime, of his cariadge
in the Baye, wch are not true, but scandalous, and to his
great wronge. As that he, the saide James, went aboute wth
many lyes and vntruethes, and goeing aboute to cleare matteres ccncerninge a maide there, hee made them much worse.
He saide hee had discovered himselfe to bee very false harted,
and was perswaded he should neuer be received into the church
againe, but if all was known yt he knew, they coulde not but
banish hime oute of the cuntrye, and that hee had discovered
a base frame of spirit when they lined at Captaine Turners
together, wch things hee dissiered the saide William might
bee called to answer for.
William Wooden, being called to answer, saith, the things
hee spake he heard Goodey Pery, mother of the maide whome
James should have had, speake, onely hee denyeth that hee
saide if all were knowne that hee knewe, hee deserved banish
ment, but his wordes were, if all were true that he had heard.
Richard Sparkes testifyeth vpon oath, that he heard William
Wooden saye, that James Haywarde was hollowe harted, and




340           NEW HAVEN COLONY RECORDS.           [1647
dealt basely wth hime at Captaine Turners, and that he went
downe into the Baye to cleare matters and made them worse,
and if all knew that he knew, he would bee banished. And
aboute Mr. Noris, that James gott a letter written, makeing
AMr. Noris beleiue he gaue the woman and maide satisfaction,
when hee did beleive ther was no such thing; and that James
saide a man could not haue a pare of shooes at Newhauen
vnder 6s, readie siluer; and that he caried lyes from henc to
the Ba~ye, and brought lyes from thenc heither, and that this
was on of the basest places he euer came in.
Beniamen Hill saith, he heard William Wooden saye James
was hollowe harted, and if the church knew that hee heard,
he would not bee received againe, and that he would bee banished if all was true he heard, (or they knew as much as hee,)
and that he dealt basely wth hime at Captaine Turners, as in
the margent.
John Mascalle saitll, that hee goeing into the B3aye, went to
Goodey Perys, the maids mother James should haune had, she
asked lime howe James did, he said he thought bad inoughe,
for he was cast out of the church, she said for what, he said
for being drunke, she and her daughter said he was much
given that waye when lee was there. They said they thought
to come heither, but James discouradged them, and this pasadge she read in a letter, that they could not haue a pare of
showes hear vnder 6s, readie silver, nor diett vnder 5s 6d a
weeke, and that there was hardly any imployment for men.
Aboute her daughter she saide, he gaue her no satisfaction,
but went to Mir. Noris and wth colouging wordes gott a letter.
The court considering the premises, and seing ther is a
letter spoken of wch Goodey Pery hath of James his wrighting,
in wch, wheither ther be any thing to discover further guile
in James, or any thing further to cleare the matter in hand,
they are not yett cleare; therfore, the courte thinkes fitt to
respitte it, only this they judge, that William Wooden hath
spread these things in a defaming waye, and therfore must bee
bound to attende the courte when they call for hime. Therfore it was propounded to James, if he was willing to respite
it, he saide yea, so William putt in securetie; therfore the




1647]            NEW  HAVEN COLONY RECORDS.                     341
courte ordered that William  putt in securetie.  After a small
space of time, James Hayward sertifyed the courte that he had
receiued securetie of William  Wooden for his appearanc, till
the first of March next.
The inventorie of the estate of Mr. Thomas Gregson deceased, was deliuered into the courte, and being viewed, was
deliuered to the secretarie to be recorded.'
Vpon a request from  Mris Lamberton, tlher is a monethes
time given her to bring into the courte an inventorie of the
estate her husband left.
[197 bis]  {I Harvie declareth, that aboute a yeare agoc he
propounded some termes to Mr. Pell aboute some beavor, that
is to saye, if Mr. Pell would procure hime beavor, he would
deliner hime 20 or 301 worthe of goodes into his hand, and it
should remaine till shipps returned againe from  England the
next yeare, whervpon they came to some termes of agreement,
first they bargained  for a cowe, then for boggs.  For the
cowe he promised beavor wthout exception, her pric was 6].
For the hoggs bee would not absolutly ingadge himselfe for
beavor, but if the bargaine went on, if hee payde not in beavor
heare, he would paye in England, but if beavor caine inll, he
should bee payde in that heare.  And sine that time, Mr. Pell
tould the saide Goodman Harvie, he had beavor for hime, and
he being at Mr. Pells house, when his barke came from  Delaware Baye, the beavor then coming into his house, he said he
had not sent his barke theither but for beavor for hime, and
he said he thought he had gott so much as would paye hime;
but not longe after he, the said Goodman Harvie, came to receive it, Mr. Pell said bee had it not, nor was hee ingadged to
k " An inventorie of the estate of Mr. Thomas Gregson, taken the 2nd of the 9th
month, 1647." Real estate ~246. Personal estate ~225, 19, 6. Debts ~18, 7. Total
~490, 6, 6, signed Mathew Gilbert, Richard Miles.
The estate is Cr. to Phillip Leeke ~1, 7, to Busrwood of Stratford ~1, 5, to Adam
Nicolls ~1, 5, to an adventure in the Susan to Barbadoes ~14, 2, to John Gregory
~0, 8.
The estate is Dr. to Mr. Stephen Goodyeare ~6, to Mr. John Evance ~83, 6, to
Henry Lindolle ~6, 5, 25, to the towne for rates ~0, 7, 8, to the partable acco. of Mr.
Stephen Goodyere and Mlr. William Hawkines ~40, 7, 22, to Mr. Davenport, ~3, 4, to
Mrs. Lamberton ~3, 2, 11, to Mr. Malbon ~2, 7, to Edward Wigglesworthe ~10, 6, to
Thomas Wheeler ~1, 16, 5, to Mr. Butler ~36, 4, 9, to Mr. Ling ~10, to Mrs. Turner
~1, 6, to several in smaller sums ~1, 10, total ~126, 3, 2.




342           NEW HAVEN COLONY RECORDS.          [1647
paye beavor, and bide hime, the said plantiffe, prove that he
was to give a bill for England. The plantiffe asked hime
what paye he was to have, he said if he had gon to England,
he would have given hime a bill. Mr. Attwatter saith, he
heard Mr. Pell saye, if Goodman Harvie had gone himeselfe
for England, he would haue given hime a bill out of curtesye.
Mr. Evanc saith, he heard Mr. Pell saye, he was to provide
beavor for Goodman Harvie, but in refferenc to the bargaine
he can saye nothinge.
Mr. Pell answered, that for the cowe he did acknowledg
beavor, but for the hoggs the trueth is, Goodman Harvie vrged
hime to take them, he denyed it many times, but when hee
brought them  and they were killed, he then demaunded
beavor or bills for England, at wch Mr. Pell saith he wondered, and denyed it, but, as a frend in curtesy, promised to doe
what hee could, but no pertickular paye was expressed in the
bargaine.
Goodman Ilarvie saith he first made a punctiall bargaine
before he brought his hoggs, that is to saye, 61 in beavor for a
cowe, and porke at 3d the pound, to the vallew of twenty
pounds in beavor, or a bill for England, for some wampome he
left at his house. Mr. Pell said it laye by as he brought it,
and so he should haue it againe.
Mr. Pell obiected against on of the hoggs wch was miselled,
wch Goodman Harvie was willing to let goe at 2d a pound,
wch hogge waide about    ^
Mr. Pell was asked wheither he had any more to saye, he
said no, then the court proceeded to censure, but being devided
in ther' apprehensions, would not isue it at that time, but after
by an appeale by Goodman Ilarvie it was brought before the
generall courte for the jurisdiction which then was sitting
at Newhauen, and they, hauing heard the case, did incline
to perswade the plantiffe and defendant to isue it themselues,
so Goodman iarvie propounded to Mr. Pell, that if he would
paye for the cowe presently in beavor, and for the hoggs in
good marchantable beavor at 8s the pound in June next, he
would be content to staye, Mr. Pell giveing hime good securetie for it. This offer Mr. Pell accepted, so that the case isued




1647]         NEW HAVEN COLONY RECORDS.             343
thus; what is in Mr. Pells booke, as a just debte due to hime
by Goodman Harvie, is to be deducted out of the debte for the
cowe and porke; 2d p 1 is to be allowed for the miselled hogge,
for the rest of the porke 3d, p 1, and what remaines vpon this
debte, the cowe being payde for in beavor presently, he is to
haue in June next, in good marchantable beavor, at 8s p 1.
The GCouerner tould Mr. Pell le was warned to bringe in
the inventorie of his wives estate, left by her former husband;
he said he could not, because accounts was not nor coulde not
yett be made vp, but he was tould he must bring it in as farr
as it can goe; he dissiered time till the next court and he
would doe it, and it was granted hime.
Mr. Pell was asked for his wiunes fine, he dissiered more libertie to consider of it, the courte tould hime they conceived
ther was forbearanc inoughe allreadie, but yett they granted
hime libbertie till the next monthly courte.
Mr. Evanc, for Mris Lamberton, declareth, that Mr. Pell,
possesing the estate of Mr. Francis Brewster, by mariage of his
wife, is debtor to Mris Lamberton, 461: 06s: 02d, as appeares
vpon account in Mris Lambertons booke.
Mr. Pell said Mr. Brewster left behinde hime a bill of his
debts, in wch is Mr. Lamberton 31 in his debte, beside they
wear ptners in some goodes they bought together, but those
accounts for ought he knowes are lost.
Mr. Evanc saith it is true that ther was a ptable account
betwixt them, wch, as is conceived, was isued betwixt them
before they went henc, beside this proper acco now demaunded, and for that he offered proofe, first by Rogger Allen, whoe
had pt of those goodes wch were ptable betwixt them.
Rogger Allen testifyeth vpon oathlle, that he bought some
iorn and coales of Mr. Lamberton, in wch he conceiveth Mr.
Brewster had part, and thinkes he had some of them before
they were emptyed. Mr. Lamberton sent for hime, and tould
hime if he would take them together, he would gaine but a
litle by them, he bought about 201 worth of them, and was to
paye in wheat. A little before the shipp went, Mr. Lamberton and Mr. Brewster demanded it, and Mr. Brewster thought
much it was not payde, but this deponent could not gitt it in




344           NEW HAVEN COLONY RECORDS.           [1647
time, and therfore tould hime he would allowe whateuer
damadge hee susteined for want of due payement, so they had
[198]  a meeting aboute the acco at Mr. Lambertons, II and
they appointed this deponent to come, whoe was ther as he
coceives, more then one or twic, at last the reckoning was
agreed, and they together demaunded damadge for 101, not
payde in time, and they had it, so wee isued. After this time,
Mr. Brewster spake no more for the wheat, thoughe he had
bine very earnest for it before, nor did he, after this, offer the
remaining pt of the coales, thoughe before he had, but this
deponent conceiveth that that day they went awaye, he was at
Mr. Lambertons, and vpon speech of the debte, Mir. Lamberton
tould hime he must paye it to his wife, for so it is agreed,
saide hee, in makeing vp our accounts, and for the rest of the
coales, saide hee, I would faine haue the take them, and I will
take paye for them in England, of yor father.
MiIris Linge testifyeth that they being to by some things of
Mr. Brewster, they dissiered Mr. Lamberton to paye hime,
wch he sayd he would doe, but they hearing Mr. Brewster
complaining of the badness of the paye of this place, fearing
least it should be offencive to hime, they went and payd hime
themselues in mault, and after, told Mr. Lamberton they had
satisfyed hime for those things he was to paye for for them,
Mr. Lamberton said lie was sorie, for he had accounted wth
Mr. Brewster, and Mr. Brewster was in his debte.
Mr. Evanc further, to prone the proper debte, (beside the
booke vnder Mr. Lambertons hand produced in courte,)
offered the testimony of Phillip Leake, and of Mary    ^
wch was Mr. Lambertons servant.
Phillip Leeke testifyeth vpon oath, that Mr. Lamberton and
Mr. Brewster being at his house, as he takes it that day captaine Turner went aboard to goe awaye, he heard Mr. Lamberton saye Mr. Brewster owed hime 451, and he heard Mr.
Brewster make no replie against it.
Mary    A, saith that the Lords day at night, before
her master went awaye, hauing sate vp late to cast vp the
accounts, she heard hime saye that Mr. Brewster owed himne
451, beside the cordadge.




1647]         NEW HAVEN COLONY RECORDS.               345
Mr. Pell obiected against some coate beavor at 12s p 1, wch
was brought to O1s, and against sonme turtle shells at 8s, weh
was allso brought to 7s: 6d p 1, and ther was halfe a quarter of
beefe, ye waight not knowne, wch was rated at 10S, so that the
debte is brought to 441, 17s, 08d.
Mr. Evanc was asked if lie had any more to saye, he answered, for the cordadge and stufe, he conceived it is cleared
to the courte, for the stufe was returned and the cordadge entered vpon acco. The ptable acco he conceiveth is cleared by
Rogger Allen and Mris Linge, and the proper acco by Phillip
Leeke and Mary      And by the booke wch is produced.
Mr. Pell was asked if he had any more to saye, lhe spake of
the cordadge, and passadg of a maid, and somle wine; he was
told that what appeared to be justly due to hime must be
allowed.
Bothe pties hauing had libbertie to saye as much as the
would to the case, the courte proceeded to judgment, wch is
this; that they judge that the ptable acco was cleared, and for
the debte demaunded of Mr. Pell by Mris Laimberton, 441:
17s: 08d, hath bine proved, and must be payde to Mris Lamberton by Mr. Pell, provided, that what debtes Mr. Pell makes
appeare to be oweing to hime, must be deducted.
Richard Beech dissiered of the courte that lie inight, till
further order, retaine in his hands the estate of William Iles,
deceased; but he being not fitted to give in sufficient securetie, it was respited till another courte.
John Meges declareth that at two severall times or agreements, he bargained with Henery Gregory of Stratford to
make 14 dosson of shooes, and was to give hime 12d a pare for
makeing them, carying them to hime readie cutt out. That
he payde 48s of this before hand, and 61 more lie was to haue
when he had done halfe the worke. He was to doe it well and
sufficiently. That Goodman Gregory hath made 13 dosson of
them, but they are all naught and fall in peces, some in a
weeke, some in 14 dayes time, so that the plantiffe is damadged
both in his name and estate. In his name, bothe at Connecticote, Long Island, Totoket, Guilford, Stratford, Farefeild, they
44




346           NEW HAVEN COLONY RECORDS.           [1647
all cry out, and some thinke the plantiflfe worthy to be putt
in prisson. And by reasson of it he further saith, he hathe
bine forced to breake ingadgments wth Mr. Evanc, whoe
should haue received 301 worth of this ware, and he turned it
backe as vnmarchantable, and what damadge will come further, he knoweth not. Beside it hath hindered hime in his
trade to his great damadge, he being on that deales wth many
people, they haue shuned to by any ware of Lime. The plantiffe further saith, that Goodman Gregory hath not onely made
the ware badely, but Lath spoyled the leather by layeing them
[199] in the sand 11 that some of them are rotten, they were
ptly couered wthin and wthout, and the pttye that fetched
them was faine to washe them to make them cleane. Further
he hath altered the propertie of the ware, for whereas he
should haue made some wooden heeles, and had wherwthall
to doe it, he made them plaine, and by that is Mr. Evanc disapointed allso; and some of them he Lath made a size shorter
then he should, and some of the 9, marked them wth the 10.
I-He complained for a last I sent hime one, yett he made them
as he did before. Lastly the plantiffe saith, it is to his hindranc that he hath laide out this money so longe before hand.
Henery Gregory, the deffendant, saith, that he received a
hide from John Meges at 48s pric, for which hide he was to
make hime 4 dosson of shooes wch came to 48s; pt of this lihe
did before the other bargaine, and he sawe the ware and accepted it, and Mr. Evanc tooke it as currant and good, but it
proved not so. The plantiffe seing this ware, agreed for the
rest, but bee, this deffendant, before the agreement, told the
plantiffe he would make no more of such leather. The plantiffe promised bothe better leather, and to procure hempe from
Connecticote to sow the showes wth, but did not performe accordingly, so that the deffendant was forced to buy flax at 18d
p i, and sowed them wth flax. The plantiffe bringing more
worke, the deffendant saith he told hime the bargaine was to
carye away that was done, he said it laye better then he could
laye it, so left some of it till the 3th or 4th of Nouember. The
deffendant minded hime of his promise to bringe better leather,
& told hime, this is as bad or worse then the first, that if he




1647]         NEW HAVEN COLONY RECORDS.             347
had not better leather he would doe no more, and added, it is
pittie but the tanner should be hanged wch tanned it, for he
cossens the cuntrye, but he said it was not the tanners fault
alltogether, he the plantiffe was faine because of Mr. Evanc his
hast, to take it out when neither the tanner nor himselfe could
tell wheither it was tanned inoughe or no. The deffendant
dissiered to haue hemp, the plantiffe said that thred would
last as longe as the leather; so this deffendant went on and
did the worke, all but on dosson, but he neglected to fetch
them  awaye. Some leather the plantiffe, or some for hime,
left at Moses Wheelers, wch his wife tooke vp & rent the
graine from the flesh, and some of the leather is to be scene
in the towne at Mr. Evanc his house. The defendant saith
further yt he tooke out ye best pare of shooes he could picke
out of the first 4 dosson; Mr. Blackmans sonn had them, and
in a short time they tare out in the whole leather. For makeing the showes lesse then they were cutt out, it was because
they were marked by hime more then they would reach, for
some wch was to be made vp of ye tens, would not reach a
nynes last, but would teare, they were so little and the leather
so bad. And for markeing them longer then they were made,
it was because he sent me word that I should marke them as
lie had marked them; and secondly, he sent me a last of the
tenns, wch was not of ye tenns. The deffendant further saith,
that he lost 15 weekes time by the negligenc of John Meges,
for want of worke, contrary to agreement, as appeares in the
wrighting. And for makeing the wooden heeles shooes otherwise then hee appointed, it was because the deffendant was
faine to take those rands to make welts for the plaine shooes.
For this the court blamed hime, telling hime he should have
forborne makeing them till he had bine supplyed wth matteriails, but Goodman Meges saith he sent welts wth all the shooes
he sent.
The plantiffe and deffendant hauing spooken, wittneses
were called and examined.
Jonathan Sargant testifyeth vpon oath, taken before the
gouerner, the 22th of October 1647, that he buying a pare of
russitt shooes, clossed in the inside at the side seames, of Good



348           NEW HAVEN COLONY RECORDS.            [1647
man Megs, he wore them at the first 2 or 3 times to a neighbours house,but did not, that he knowes, then wett the soales
of them; secondly he wore them one at thle meeting, being
aboute 40 rode; 3dly he wore them one more to the meeting;
that night he walked downe to ye watter side, aboute 60 rod
from his house, and then he brought home ye soales of on of
his shooes in his hand, and the other lose, readie to fall of;
then he gott them sowed againe, and wore them now and then,
but not constantly, for a weeke or a fortnight, then the insoales
and outsoales and all fell from the vper leather; he cannot
remember that he wore them any more then this.
Thomas Whitewaye dothe testifye vpon oath, that he bought
a pare of russit shooes of Goodman Meges of Newhauen,
clossed in the inside at the side seames; he wore them 3 or 4
dayes and then the out soales ripped, then he sowed them
againe and wore them 3 or 4 dayes more, and the insoales,
welts and all came of, then he sowed them together againe,
and shortly after the vpper leather, seames, heeles and sides
ripped, so as that they would not hange vpon his feete, the
vper leathers being not broken, nor the out soales so much as
broken at the toes, insomuch that this deponent said, he thought
it was fitt Goodman Megs should be putt in prisson for so
coussining the cuntery, and he doth expect sattisfaction from
Goodman Meges.
[200]  IIJohn Parmele of Guilford testifyeth vpon oath,
taken before Mr. Disbrowe, the first of Nouember, 1647, that
he bought a pare of shooes weh came from Goodman Meges of
Newhauen, russet, clossed in tlae insides at the side seames, and
that wearing them but 6 dayes, or 7 dayes at the moste, the
soales ripped from the vper leathers.
Samuell Netelton of Totokett doth testifye vpon oathe,
taken before the gouerner, thle 4th day of Nouember 1647,
that he bought a pare of shooes of Goodman Meges of Newhaven, russed, clossed in the inside at the side seames, for his
wife, she put them on'\on the Lords day, and the next third
day morning they weard ripped, the soales being good, neither
shranke nor hornie that I could perceive. And he allso testi



1647]         NEW HAVEN COLONY RECORDS.            349
fyed that for and in consideration of satisfaction from Goodman Megs, he expecteth a new pare.
Marke Meges testifyeth vpon oath, taken before the gouerner, the 16th of Nouember 1647, that he being at Stratford to
fetch home the shooes that weire made by Henry Gregory for
Jno Meges, he found!the shooes lying in the sand, many of
them being ptly couered wth the sand, bothe wthin and wthoute, so that he was forced to take awaye the sand with his
hands to come at them, and handed them to Ralphe Loines,
whoe handed them to old Gregory, whoe washed them in watter to wash awaye the sand and filthe from them. Allso he
testifyeth that he seing the old man worke wth a very great
aule and a small thred, wth very litle wax, blamed hime for
it. That at that time they left some behinde that were not
made.
Other testimonies were deliuered in wrighting to the courte
to the same purpose, but not vpon oathe.
Goodman Gregory pleaded that it was the badnese of the
leather wch was the cause of the shooes ripping and falling
apeces, for the leather was hornie and not tanned. The court
bad Goodman Gregory prove that.
Mr. Evanc saith that being at Mr. Blackemans, they had
speech of these shooes. Mris Blackman said that after 2 or 3
dayes wereing, the leather was like flaps of a shoulder of
mutton; and Mr. Evanc further saith that he sold shooes of
these to a ptie himselfe, and the leather was so bad that the
ptie would not have them..
Mr. Blackman saith that his sonn had a pare of shooes of
these, wch he thinkes lasted not aboue 3 weekes, then they
broke in the whole leather, and another pare of shooes
mended for another of his sonns wth some of that leather,
weh in on dayes wereing, being wett, was spoyled.
Juda Gregory testifyeth vpon oath, that he looked vpon pt
of the leather wch his father was to worke of Goodman
Meges, and some of it was so hornie that according to his
judgment, no man could make shooes to pase his word, on
them to hold. Allso shooes so tainted, thoughe they might
seeme to be tanned, yet they would not hold that a man was




350           NEW HAVEN COLONY RECORDS.           [1647
able to justifye himselfe or the leather in it. Allso that his
father complained to hime, this deponent, and himselfe sawe
shooes of the tenns marked for eleuens, that by a size he could
not sowe them either for credite to himselfe or proffitt to the
cuntery. Allso that Goodman Royes showed hime shooes he,
made for Goodman Meges and he could not last them, but
was faine to sett them on a last a size shorter then Goodman
Meges would haue them  made. Allso that Goodman Meges
would have had this deponent wrought, but he sawe the lether
so bad that if he neuer wrought more he would not worke it,
in regard of the vncomfortablnese to worke, because it was
hornie, and so litle that it would not come together, and because it would be a wronge to the cuntery. Further he saith
that Goodman Royes told hime that he complained to Goodman Meges of cutting his shooes so litle, he stranged at it, but
Royes told hime he lost by cutting his soales so bige and his
vper leather so litle, but Goodman Meges said he did not vse
to doe so. For the lying of the shooes in the sand, this deponent saith he tooke a pcell, pare by pare, from the place
where those laye that Marke Meges fetched away, and they
laye, in his aprehension, wthout any damadge, wthout any
sand in ally pare that he coulde discerne, thoughe he cannot
saye they were the same pcell that Marke Meges fetched
awaye, thoughe it was aboute that time.
[201]  fIMoses Wheeler testifyeth vpon oath, taken before
Captaine Astwoode, the 30th of Nouember 1647, that Goodman Meges his man left some leather at his house for Goodman Gregory, and the next day his wife tooke vp some of it
in her hand and said she thought it was tainted, and pulling
it betweene her hands it did teare wth ease, and this he heard
& sawe. Further he saith he heard Goodman Gregory saye
at on time, (but wheither at ye time be-fore mentioned he cannot tell,) that he was sicke of that leather, and that he should
neuer have credit of it for his worke, nor they profitt that
should weare it, and further he saith, that he speaking wth
Goodman Gregory aboute a pare of shooes, he answered it
was not fitt to were in this cuntery, for it was to be caryed out
of the cuntery, and that he durst not pase his word vpon it.




1647]         NEW HAVEN COLONY RECORDS.              351
The wife of William Crooker testifyeth vpon oathe, taken
before Captaine Astwoode, the 30th of Nouember 1647, that
when Goodman Meges came for the shooes, he sawe them lye
vpon a sandye bench in the sellar, and he said he liked the
lying of them very well, saying to her father he could not laye
them better. And her father finding fault with the hornyhnesse of the leather, that the flax would not hold it, Goodman Meges answered that the next weeke he would goe to
Connecticote and gett hime hempe, but he said he thought
the flax would last as longe as that leather, but after Goodman
Meges was gon, and delaied to fetch awaye the shooes, her
father wiped them wth a cloth, and tooke some clapbords and
other things, and laide vnder them. And further she saith,
her father blamed the tanner for the leather not being well
tanned, Goodman Meges answered he could not blame the
tanner so much, for he was faine to take it oute before it was
tanned.  She saith further, she sawe it teare in peces when
her father put it vpon the last, and on shooe her father was
faine to pece on the side.
The court having heard these things on bothe sides did
thinke there was a fault in bothe, and that the cuntery was
much wronged in this waye, therfore they were willing to call
in some workemen, bothe shoemakers and tanners, that they
might see it and judge whose the fault was, and so give into
the courte what light they coulde. To this ppose, some of
the shooes thus made was brought from Mr. Evanc, wll were
some of the best of them, and the court called and dissiered
Leivtenant Seely, Goodman Dayton, Goodman Groue of Millford, shoemakers, and Goodman Osborn and Seriant Jeffery,
tanners, to take those shooes aside and veiwe them well, and
if ther be cause, ripe some of them, that they maye give into
the courte according to ther best light, the cause of this
damadge. They did so, and returned this answer, Leivtenant
speaking in the name of the rest.  Wee aprehend this, that
the leather is very bad, not tanned, nor fitt to be sold for servicable leather, butt it wrongs the cuntry, nor can a man make
good worke of a great deale of it. And wee find the workemanship bad allso, first ther is not sufficient stufe put in the




352           NEW HAVEN COLONY RECORDS.           [1647
thred, and instead of hemp it is flax, and the stiches are two
longe, and the threds not drawne home, and ther wants wax
on the thred, the aule is to bige for the thred. We ordinarily
put in 7 threds, and hear is but 5; so that according to our
best light wee laye the cause bothe vpon the workemanship
and the badnesse of the leather.
Goodman Gregory, vpo this testimony, seemed to be convinced that he had not done his pt, but then laide the fault on
Goodman Meges, that he was tile more slight in it thourrough
his incouradgment, whoe said to hime flap them vp, they are
to goe farr inoughe.
William  Hooke junr testifyeth vpon oath, that he clearly
remembreth Goodmanll Gregory was makeing 2 pare of shooes
in their shopp, Goodman Meges came in in the ileane time,
and he said to Goodman Gregory, flapp them vp together,
they are to goe farr inoughe.
John Gregorie testifyeth vpon oathe, that Goodman Meges
said, flapp them vp together, they are to goe farr inoughe, this
was aboute the beginng of the last bargaine, wch was for the
10 dosson.
Concerning  the 15 weekes time, wch Goodman Gregory
demaunds damadge for, that is to saye, from. July to Nouember, it did appeare by Goodwife Meges her testimony in court,
that she, from  her hiusband, told Goodman Gregory at the
faire in September, that her husband was discouradged to
send hime any more worke because his worke was naught,
thoughe hee had more worke readie cutt out.
John Gregory saith, that aboute the time of the bargaine he
gaue Goodman Meges some cautions, because his father was
old and his eyesight failed hime, and he durst not imploye
hime himeselfe, for he could not doe as he had done.
Mr. Evanec was asked the cause why he turned the shooes
vpon Goodman Meges his hand, he said the maine reasson was
the badnesse of the leather, thouglhe he allso excepted against
the workemanship.
Goodman Meges was called to propound his damadge, he
instanced first in his name, 2dly damadge to Mr. Evanc, 3dly




1647]         NEW HAVEN COLONY RECORDS.             353
his ware being turned vpon his hand, 4dly hindranc in his
trade, 5dly money payde severall men for satisfaction.
[202]  11 The plantiffe and deffendant professing, vpon the
courts demaund, that they had no more to saye, and the courte
considering the case as it had bine presented, debated and
proved, found them bothe faultie. Goodman Gregory had
transgresed rules of righteousnes, both in refferenec to the
cuntery and to Goodman Meges, thoughe his fault to Goodman Meges is the more excuseable, because of that incouragement Goodman Meges gaue hime to be slight inl his workemanshipp, thoughe he should not have taken any incouragement
to doe evill, should haue complained to some magistrate, and
not have wrought such leather in such a manner into silooes,
by wch the cuntery, or whosoeuer weares them, must be
deceived. But the greater fault and guilt lyes vpon John
Meges for putting such vntanned, horny, vnservicable leather
into shooes, & for incourageing Goodman Gregory to slight
workemanshipp, vpon a motive that the shooes were to goe farr
inoughe, as if rules of righteousnes reached not other places
& cuntryes.
The Court proceeded to senteuc, and ordred Goodman
Meges to paye 101 as'a fine to the jurisdiction, wth satisfaction
to every perticuler person, as damadge shall be required and
proved. And further the court ordered thlat none of the faultie shooes be caryed out of the jurisdiction, to deceive men,
the shooes deserving rather to be burnt then sould if ther
had bine a lawe to that purpose; yett in the jurisdiction they
maye be sould, but then only as deceitfull ware, and the buyer
maye knowe them to be such. They ordered allso Goodman
Gregory, for his slight, faultie workmanshipp and fellowshipp
in the deceipt, to paye 51 as a fine to the jurisdiction, and to
paye the charges of the courte, and that lie require nothing
of Goodman Meges for his lose of time in this worke, wheither
it were more or lesse; and the court thought themselues speedily called and seriously to consider how these deceipts maye be,
for time to come, prevented or ducely punished.
45




354             NEW HAVEN COLONY RECORDS.                [t647
A  GENERALL COURT THE 18th OF OCTOBER 1647.
Mr. Wakeman, Francis Newman were chossen deputies fo
the jurisdiction generall courte.
Mr. Gibbard, Mr. Crane, Jno Gibbs, Francis Newman chossen deputies for the plantation courte of Newhaven.
Francis Newman chossen secretarie for Newhaven for ye
next yeare.
Thomas Kimberlie chossen marshall for the next year for
the towne of Newhaven.
Brother Pery had libbertie to depart the courte, to goe
aboate the Phenix.
The Gouerner onc againe dissiered that the colledg corne,
wch is yett behinde of the last yeare, might be caryed in to
the collectors; hee allso propounded that seing corne is now
more plentifull then in the sumer, that therfore now collectors
might be chossen to gather it for the next yeare, but it was
respited to another courte, that so the former collectors might
finish their worke.
The Gouerner, magistrats and deputies, wth Mr. Evanc and
Mr. Wakeman, were chossen to audite the treasurers accounts
for the year past.
John Brockett was chossen veiwer for the fenc of Mr. Lambertons quartr, wth Henery Lendall for this pt of the yeare
ensuing, in the roome of William Preston deceased.
Mr. Evanc made a propossition to the courte that seamen
might be freed from  watching and trayning, and gaue in the
names of sundry into the courte, but seing it is now neare winter, wherin watchings and traynings cease in their ordinarie
course, the courte thought fitt therfore to respite it for this
time.
Mr. Evanc had libertie to depart the courte.
The Gouerner acquainted the courte that vpon notice of
the generall courts order to staye the Duch shipp~ wch was
-4 This was the St. Beninio. which the Dutch, claiming to be a smuggler, by a stratagem seized and cut out of the harbour, on a Sunday, and carried to New Amsterdam, where the vessell and cargo were confiscated. O' Callaghan, N. Netherlands, ii,
45. Brodhlead, i, 479. Rec. U. Col. sub Cnno 1648.




1647]         NEW HAVEN COLONY RECORDS.               355
seized and caryed out of this harboure by the Ducll, the Duch
gouerner hath sent a letter and a protest against Newhaven
for it, professing he will have controversie only wth Newhauen,
and requiers us to send the three prissoners and the Duch
marchants and their goods, to them  to the Mannatoes, wth
some threatening speeches if wee. doe not. He acquainted
the courte allso wth the answer' he had sent, as allso wth
another letter since received by the fiscalle, more milde in
phrase, but still continewing his title to the place, and sending for the prissoners; but seing he wrights so that if the
sending of them maye be interpreted as done in a waye of
subordination, it was not thought fitt to send them. The gouerner therfore dissiered the courte to consider what shall be
done. Further, the 3 Duchmen wch dissier to be planters,
vizd, Mr. William Westerhouse, Mr. Sam: Goodanhouse, Mr.
IHenery    A    dissire to knowe wheitlier the towne will
protect them or no, that they maye knowe howe to dispose of
themselues. Further, he propounded to the courts consideration: how safe it maye be for vessells to pase by the Mannatoes till these questions be cleared, and wheither wee be not
called to make some slight workes, and plant some gunns for
the townes present defenc against small vessells, wch wth ther
gunns maye possiblely hurt the towne if no provission be made
to keepe them of.
[203]  liThe things being many, the courte agreed that a
committe be chossen to consider & proceed therin as they see
cause, and by the generall consent and vote, the pticulr courte
for Newhaven, calling to them Mr. Evanc, Mr. Wakeman and
Leivtenant Seely, had full power granted to them to consult,
consider and conclude, bothe concerning receiving and protecting the Duchmen, wth all matters aboute fortifycation, the
place and manner, wth all other things therto belonging.
It is ordered that this October rate bee forthwth payde.
$Appendix, B. C. D.




356            NEW HAVEN COLONY RECORDS.            [1647
A COURTE THE 4th DAY OF JANUARY 1647.
Mr. Pell, Mrs. Lamberton, Francis Hall, John Tompson,
Mathias Hitchllcocke, Richard Beech, being all warned seasonably, made no appearanc, thoughe the court satt a good space
of time. The court gave order that they should be warned
to the next courte, to answer for this neglecte.
A GENERALL COURTE THE 31th OF JANUARY 1647.
The orders of the Jurisdiction Generall Courte were published and vpon the gouerners proposition the courte chose
Leivtenant Seely and Robert Preston to veiwe and scale leather
according to the tennour of that order, to whom  an oath was
given that they should, according to the best light they haue,
discharge the trust committed to them  in sealing leather,
according to the jurisdiction generall courts order.  And
further, this courte ordered that calues skines, deares skines,
goats skines, wch are fully tanned, should be sealed, (seing
they maye serve well for vper leather for some shooes,) and
tlhat the rate of sealing be 4d a hide, and 2d a skine, and that
the scale for the best, wch is fully tanned, be N: G: and for
that well is faultie, N  F: and, if the sealers be both in
towne, they are to be together when they seale, but in case on
of them is out of towne, or otherwayes justly hindred, then
oni of them  lnaye seale notwthstanding, and the sealers, for
the better informing themselues wheither the hides or skines
be fully tanned or no, haue libertie to cutt them in such
places as they see meete, provided they make not spoyle of yC
leather.
And seing the shooemakers haue libertie to make shooes,
not onely of neats leather, but the vper leathers of some of
calues leather, or deares, or goates, being fully tanned and
sealed, and seing ther is great differenc in the goodnesse of
these shooes, that the buyer be not deceived, the court
ordered that every shoemaker in this towne marke all those
shooes he makes of neats leather, before he sell them, wth an




1647]         NEW HAVEN COLONY RECORDS.               357
N: vpon the lap wthinside, belowe the place where they be
tyed, and for failing hearin, they shall suffer such punishnent
as the perticuler courte shall judge meete.
It was propounded to the shooemakers, that seing hides are
now neare as cheape as ordinarily they are in England, that
shooes might be sould more reasonable then they have bine,
and the shooemakers promised they would consider of it.
The gouerner acquainted the courte that those whome they
appointed to audite the treasurers accounts have done it, and
see cause to propound to the court that a new rate be now
granted, for defraying necessisary charges for the towne, and to
paye the rate levied vpon the towne for the jurisdiction; and
after some debate the courte ordered that next Aprill rate and
on halfe yeares rate extraordinarie be forthwth payde.
The 4 deputies were chosen by the court to joyne wth the
treasurer in setting out publique workes to be done for the
towile, to see that they maye be don substantially, and wth as
litle charge to the towne as maye be, and they are to call
in what workemen they please for advise.
The bridge above the brickills in the way to Connecticote is
to be caryed on wth as much speed as maye be.
It was propounded to consideration wheither it be fitt for
the towne to allowe 81 a yeare to the drumer; the court and
the military officers were dissiered to speake wth the drumer,
and see if his sollarie might not be lesse.
William Andrewes was dissiered to take care that the meeting-house dores maye be made safe, in hanging them wth such
irones and such lockes and bolts as they may be stronge and
secure, and that the floure above might be laid forthwth.
It was propounded to the court, that seeing William Alldrewes, whoe hath kept the ordinarie, is aboute, or hath laide
it downe, that therfore some other might be found to doe it,
that so strangers might knowe wheithler to goe to be refreshed,
but the court againe propounded it to William Andrewes to
see if he would not still keepe it, he answered he would consider of it and in a short time give in his answer to the magistrats.
Those that were behinde in payement of their colledge corne




358          NEW HAVEN COLONY RECORDS.             [1647
were dissiered to carie it in to the severall collectors. Collectors chossen to gather the colledge come for this yeare, are
Anthony Tompson and Rogger Allen.
John Gregory propounded to the courte, that a good while
sine their was a pare of shooes spake of in courte wch he
sould William Paine, of the tenns, French falls, at 5s 10d, at
wellch their was some offene taken, and he condemes himselfe
that he hath lett it lye so longe vncleared, but now he presented a noat in courte wch showed the perticulers howe they
did amount to so much, vnder two shooemnakers hands, but
the court professed they could not see cause shooes should be
sould at this rate.
[204]  lIt was propounded to the courte to consider wheither
it were not meete to make a lawe for restraining of persons
from their ordinarie outward imployments vpon ally pt of the
Saboth, and the rather because some have of late taken two
much libertie that way, and have bine called to answer for it in
the perticuler courte.-  The courte considering that it is their
duty to doe the best they call that the lawe of God maye be
strictly observed, did therfore order that whoesoeuer shall,
wthin this plantation, breake the Saboth'by doeing any of
their ordinarie outward occaisons, from  sun sett to sunn sett,
either vpon the land or vpon the watter, extraordinarie cases,
workes of mercy and necessetie being exceptted, he shall bee
counted an offender, and shall suffer such punishment as the
perticuler courte shall judge meete, according to the nature of
his offenc.
It is ordered that no man shall fall any tree or trees wthin
the boundes of the common of this towne, wthout leaue from
some magistrate, and then he shall haue but for his perticuler
trade or necessarie vse, and haueing cut it downe, iff he doe
not make vse of it wthin the compase of 14 dayes it shall be
forfeite to hime that shall come to the magistrate and aske &
have leaue for it.
It was propounded that a causwaye might be made from
Mr. Perys corner to the meeting-house, but it was respited.




1647]         NEW HAVEN COLONY RECORDS.             359
A COURTE THE FIRST DAY OF FEBURARIE 1647.
Richard Chadwell haveing had an attachment vpon three
hogsheads of suger of Robrt Persons, and claimes a right in
his house and other estate, to make good the transportation of
what goods Richard Chadwell is to haue from Sandwich and
some other demaundes, in wch things he craved the help of
the courte.
The courte tould hime they maye not trye and issue a cause
of such valew, it must be reffered to the courte of magistrats,
but they will see that the goodes attached maye be secured
and preserved from damadge as much as maye be; and therfore gave order, that the suger bee veiwed and put into the
tresurers hand and sould to ye best advantage, and the proceed so kept safe for the best proofe Mr. Chadwell can bringe,
and what goodes elc ther is of Robert Persons, it is to be
brought to the treasurer, that so the estate maye be preserved
from losse as much as maye be.
Mr. Pell, atturnye for Mr. Edmund Leach, entereth an
action against the estate of Robert Persons for a debte of 181
4s Od, wch ariseth thus, 151 14s, he conceaveth due vpon a
pcell of goodes the said Robert received of Mr. Leach, and 21
10s due for fraight, wch makes 181 4s, wch he thus indeavoured to prove. Robert Person received of Mr. Leach goods,
to the vallew of 611, as they were rated by Mr. Leach, wch he
was to carye to the Barbadoes and sell, the said Robert to
have halfe the proffitt and to paye halfe the fraight till the
returne be made, wch the said Robert was to make either to
England or elc to Newhaven; now of this 611 worth of goods,
he sould to the valew of 341 1Os, and for this deliuecred 7521 of
cotton woole, wch the plantiffe conceives cannot arise to so
much, as cotton woole is worth and paseth in the Barbados.
And that this was the agreement he produced Mr. Leach his
letter to Mr. Pell, and Mr. Pell tooke oathe that Robert Persons acknowledged that this in the letter was the agreement.
The clause of the letter runes thus:  I have sent by Robert
Persons, to the Barbadoes, 611 worth of goodes, he to allowe
me halfe the proffitt of them, and to beare halfe the adven



360           NEW HAVEN COLONY RECORDS.           [1647
ture and halfe the charge of the said goods, vntill the returne be made to me or my assignes, when the proffitt is to be
shared; his order is to send either to England or to Newhaven
the returne, and if he come or send to Newhauen, yow will
heare of hime, and he will and is to give yow accounte of the
goodes.  Mr. Pell testifyed vpon oath that Robert Persons
acknowledged to hime that this was the agreement.  John
Thomas saith that Robert Persons tould hi-me the goods would
not of, but at his coming awaye he sould the goods for 8001 of
cotton woole. Now of this 8001 of cotton woole, the said
Robert deliuered 7521 to Mr. Pell, and 481 was disposed of for
necesarie charges.
The court considering that the deffendant is dead, and none
present that can clearly answer for hime, and that the plantiffe can make no cleare proofe for what, nor how the goods
was sould, could not see cause to cast damadge vpon the estate
of Robert Persons, leaning the plantiffe to make what further
proofe he can hearafter, either for the fraight or for the principalle.
John Thomas acquainted the courte that Robert Persons
haueing lett halfe his house & halfe his lott for 40s a yeare,
before he went agreed to make them a well, wch they that are
in it dissire maye be done. The courte tould hime that now
the ceason of the yeare is past, but he might provide stones
readie that it maye bee done so soone as the ceason serves.
It was propounded to the court that Goodman Bud dissiered some allowane out of the estate of Robret Persons, for
some suger weh fell short in a hogshead of suger Goodman
Budd had of Robert Persons for his house and lott he sould
hime, wch hogshead he expected to be 5001, but it fell not out
so much, but John Thomas saith that Robrt Persons said he
payd hime all, and Mir. Chadwell saith that Robert Persons
did not warrant hime 5001 in the hogshead, but did bide hime
chuse wch he would & that should satisfye hime. And further
he saith he saw 1 hogshead of them waid at Roade Islanid welh
waid above 5001.
[205]  I0A noat of some debtes owing to Robert Persons was
presented in courte.




1647]              NEW  HAVEN  COLONY  RECORDS.                          361
John the  Duchiman  dissiered  libertie  for himselfe and the
other two wch were  prissoners wth  hime, to goe to the Duch
gouerner; it was tould hime that if he had dissiered it at first
they might haue bine sent, but then they were alltogether vnwilling; that the  court are  still free to  send  them, onely  as
they were put vnder that bayle, vnder wch they stand, by the
courte  of magistrats, so the bayle must bee released  by the
same power, wll should  be done as speedily as the court of
magistrats could meete.
Mrs. Lamberton presented the inventorie of the estate of Mr.
George Lamberton, her late husband, in courte, wllh was veiwed
and delivered to the secretarie to be recorded.7
The  will of Mris Wilkes  was likewise  deliuered  into  the
courte by Mr. Ro: Newman, and  deliuered  to the secretarie
to be recorded.4
>i "An inventorie of the estate of Mr. George Latmlerton."
The estate is creditor, to the worpll Theophilus Eaton, pr bill, ~28. 17. 11. more to
him  for the negars clothes, ~3. to Mr. Stephen Goodyeare, pr bill, ~65. 4. 9. to
Isacke Allerton, pr bill, ~;22. 2. 6. to John Chapman, pr booke, ~6. 6. to Mr. Pell,
for Mrs. Brewster, ~30. 14. 2. to Rogger Allen ~7. to John Clarke -~1. to Mr. Hooke
X~3. 12. 8. to Mrs. Gregson ~3. 14. to Geo. and Lawrance Warde ~6. 10. 8. to ship
Fellowshipp, put in ~50, ~25. to Goodman Stone 8s. to Jonathan Sarjant 15s. to
Adam Nicolls ~1. 2. 5. to Roger Knap 10s. to John Thomas 7s. to Capt. Turner ~1.
to Mr. William Tinge ~1. to land at Stamford ~;4. to Moses Wheeler ~1. 9. 10. to
Brother Nash ~1. to John Nash ~0. 17. 9. to Richard Everit ~0. 10. to Serjant Jeffery ~1. to William Andrewes, senior, t~4. to John Chidsey ~0. 15. to 8 oxe hides
C~4 8. to William Davis -~0. 8. 5. to John Tompson ~1. 8. to Michaell Taintor ~6.
6. to Mr. Gregson, Mr. Hawkines and Mr. Goodyeare;~3. 17. 6. to the 24th palrt in
the Susan ~16. 11. 8. to Mr. Pery ~20. to goods in the Susan and Phenix ~29. 5. to
Phillip Leake ~1. to John Rider ~1. to Mr. Gilbert ~34.
The whole estate is ~1218. 12. 4.
owing,                16
rest good estate,   1202. 12. 4.
The estate is debtor to Mr. Malbon ~13. to John Willford ~3.
Prised the 4t1 of January 1647. Mathew Gilbert, Richard Miles.
t " The will of Joane Wilkes made the 12th' day of January 1645.
" I Joane Wilkes being called to goe to my husband, but not knowing whether he be
living or not, and not knowing whether I may live to come to England or to returne
heither, doe desire, so farr as I have or maye have power in my hands, to dispose of
that estate that God hath given me in this place. First I will and bequeath to our
deare pastor tenn pounds. To our teacher five pounds. To the church of Christ in
this place five pounds. To my neece Bridget Wilkes thirty pounds. To my nephew
Joseph Dalman, in London, twenty markes. To my nephew Nathaniel Warner, of
Bristoll, twenty markes, and to Susanna Gregson twenty markes, and to our beloved
elder, Mr. Robert Newman, five pounds, whom I nominate and appoint the sole execu46




362                 NEW HAVEN COLONY RECORDS.                           [1647
Robert Hill delivered  into  the court an  inventorie of his
brother John Hills estate', wch was likewise deliuered to the
secretarie to be recorded.
Mr. Pell brought in and  deliuered to the  courte an  inventorie of his wives estate, left by her late husband, Mr. Francis
Brewsterf, wch was read and delivered to the secretarie to be
recorded.
Mr. Pell was tould  he was warned to the  courte aboute his
wives fine, that he might either paye it, or show  a sufficient
reason why he  did  not; he dissiered  to  know  by wt lawe it
was demaunded, it was tould hime, by the lawe of his marrying
the widdow, wch owed it before he  marryed her; he said  he
knew  not howe it comes to be her debte or his either, the gouerner tould hime he had a copie of the courte order, and if he
could obiect any thing against the  justic of the  courtes proceedings, hee might; he said ther is that charged in the order
that is not proved, he was told  it was a reproachfull slander
cast vpon  the  courte to  saye  they had  laide a  fine  for any
offenc not proved, and he was called to make proofe; he instanced  ill a  passage wherin  excese in  drinking  wth  other
tor of this my last will and testament, intreating him to take upon him this care and
trust and to see it performed accordingly. And if my house, lands and goods left
hear should not amount to so much, then my mind is that the abatement shall be
upon the three legacyes of twenty markes equally, and if it shall arise to more, that
it be added equally to those three legacyes of twenty markes a peece. In witnes
whereof I have hereunto put my hand this 1211 day of the eleventh moneth 1645.
Jone Wilkes.' Joane Wilkes declared this to be her will and testament before mee.
Tho: Gregson."
Inventory taken by Mr. Gilbert, Mr. Wakeman and Mr. Crane, the 14tll of the 11th
moneth 1647. Total ~89. 4. Debts. 3 bushells of wheat of old Jacocks of Stratford ~0. 12. Mr. Gilbert 15s. John Clarke 30s. Thom: Munson 14s. Mr. Robert
Newman 8s. Richard Hull 8s.  Phillip Leeke for rent of the house and garden the
yeere 1645 ~3. for rent of the garden 1646 ~3. James Clarke 30s. Phillip Leeke
received of several men ~3. 13.
* "An inventorie of the estate of John Hill" ~24. 19. Mr. Winthrope debtor ~7.
The estate is debtor, to Peeter Browne ~4. 10. to old Goodman Willmot ~0. 16. to
the treasury ~0. 3. 6. to Robert Preston ~0. 2. 6. to Ro. Hill for 4 bush. wheat ~1.
to him for a stuff suit ~1. 18. 6. more for a goat ~0. 8.
t"An inventorie of the estate of Mr. Francis Brewster," amount ~555. 6. 2. In the
great ship, cost ~50. prised December 30, 1647 by Francis Newman, Richard Miles,
John Clarke.-The estate debtor, pd out of the estate as appears by acquittances ~57.
10. for a debt which Mr. Brothers demands out of the estate ~200. for a debt owing to
Mrs. Lamberton ~030. 14. Total ~288. 4.




1647]         NEW HAVEN COLONY RECORDS.               363
inconveniences seeme to be charged on Mris Brewster, now
his wife, wch was not proved against her, he was tould there
was neither any such charge, nor any penny of the fine imposed vpon any such consideration, that his iniurious cariage
hearein is agravated in that full light hath bine tendered hime
in the case, no excese was charged against her by ye courte,
nor in the originall order was ther any word sounding that
waye, it was an errour in the secretarie, who probably had
left out a line in ingroseing the order out of the first copie,
and Mr. Pery, the secretarie that then was, had sinc bine wth
Mr. Pell, had showed hime how the originall ranne and the
line left oute, offered hime to rectifye it, but he refused. The
governer tould Mr. Pell that the line beinge left out as it stands
in his copie, it dothe not rune cleare & in good sence, namely,
(and sit drinking all excese in drinking wth other inconveniences following.)  Mr. Pell said it was good dialect, no oversight in the secretaries and he could prove it. The gouerner
tould Mr. Pell he conceived he did not vnderstand what dialect is, but the courte considering that Mr. Pells charge is
made against the courte of magistrats, whoe imposed that
fine, thought fitt and ordered, that his miscariage be reffered
to the consideration of the next court of magistrats for the
jurisdiction, and ordered Mr. Pell to attend them therin.
Ezechiel Cheveres passeth ouer to John Cooper 5 acrs 2
thirds of vpland wthin the two myle, on halfe of it lying in
Mr. Eatton quartr, betwixt the land of Mris Turner & William
Tuttill, the other halfe lying by the mill highwaye, at the end
of Mr. Eatons pasture, next the land of William Tuttill.
John Lawrencson and his wife, being warned to the court,
apeared, they were charged for selling stronge watters by
small quanteties, contrarie to a courte order. He said he
knew not that it was a breach of order, and she sould it for
Mr. Westerhouse.
She saide that haveing broke the order, she dissiered to
submit to the courte.
But beside the breach of order, their apeares something of
disorder, for William Paine saith that the 3 Duchmen, wch
were prissoners, lying at his house, were wonte, before she




364           NEW HAVEN COLONY RECORDS.            [1647
sould stronge watter, to keepe good houres in coming home
at night, but sine, they haue stayde out long, and some time
very late, and one of them seemed by his speech to be somewhat distempred, but he sawe hime not for he was in bed.
Arther Halbich saith he hath gone into the house where
Goodwife Lawrencson was, and sawe persons sitt drinking of
small quanteties of stronge watter two or 3 times, and that her
husband tould hime she had gained 30s in a weeke or a fortnights time by that waye of selling out stronge watters.
The sentene of the courte is that John Lawrencson paye as a
fine to the towne for this breach of order, 20s, but if they goe
on in this way it is not twic 20s that will excuse them.
William Paine refused to paye his fine for comeing late one
Lords day wth his armes to the meeting, because others came
late and were not complained of, but he was told he must paye
his fine, and the seriant should be warned to the next courte
to answer for his neglect.
The treasurer was ordered to paye William Paine for his
halfe days worke in attending the courte aboute John Lawrencsons buesnis.
John Benham informed the courte that be was fined by the
courte for neglecting to warne Dauid Atwatter to watch. It
is by the secretarie that then was, entred 5s, but it was but
2s: 6d, and seing diners doe remember it was but 2s: 6d, the
courte agreed he should paye no more.
[206]  1I Richard Beech dissiered of the courte that he might
retayne the estate of William Iles in his hand till further
order, wch is as apeares by the inventorie 131: 17s: 00d: the
courte tould hime vpon securetie he mighte; he offered himeselfe and 91 worthe of land, as it was valewed by Anthony
Tomlpson & John Clarke as apeares in a note vnder there
hands. The land is 22 acrs of vpland in the second devission,
and 5 aers of meddowe in the west meddowe, and 2 acrs of
vpland in the quarter at his house, and for the other 51 John
Beech becometh suretie wth hime, as the said Joh Beech declareth in courte, wch the courte accepted, wth this proviso,
that if John Beech should dye or leaue the towne, Richard
Beech put in other securitye to the courts satisfaction.




1647]         NEW HAVEN COLONY RECORDS.             365
John Tompson, atturney for Thomas Allcote in the Baye,
requiereth youthes of Francis Halle wch he brought from
England long sinc, that is to saye, John Whitehead & Thomas
Whitehead, and saith he hath order to send them to the saide
Thomas Allcote whoe is ther vnkell.
Francis Halle saith at the dclesier of their vnlkell, Mr. Allcote
of Roxberey, since deceased, hee brought these youthes ouer,
and was at great charges with them for their passage and other
occaisons, wchl he saith Mr.-Allcote promised to paye to his
satisfaction when he came heare, but when he came ther
vnkell was deade, and knew not of whome to seeke his money,
iff the boyes had dyed he should haue lost it, for ought lie
knowes, for he knew of no other vnkell they had, but he was
blamed that he had not vsed that meanes to filnde oute ther
vnkell or send to ther mother as lie might have done,
(thoughe he saith he hath sent,) but he acquainted the courte
then wth it, and wth ther approbation one of them was disposed of to Mathias Hitchcoke, the other he kept himeselfe
till they might haue further light to dispose of them.
The courte being dissierous that the chilldren might hanue
no wronge, and allso that the ptyes wch hane brought them
vp heitherto, (seeing they were small,) might be justly satisfyed, did seriously consider and weighe the charges and hazards the severall ptyes had bine at wth them, as allso the
advantages that the boyes might be vnto them. And after a
large debate concerning those accounts, in the issue agreed,
that Thomas Whithead weh was wth Mathias;Hitchcocke, be
at the end of 5 yeares and eight moneths from the time he had
hime, sett free, at wch time the said Mathias put the said
Thomas to Davide Atwatter for 4 yeares and 4 monethes,
thoughe he had no right so to doe, but now the said Thomas
declareth himeselfe willing to abide wth his master David
Atwatter, till he maye heare from his vnkell, so he maye haue
just satisfaction for the time to come, so longe as he stayeth
wth hime. They bothe agreed before the courte, that he
should haue 31 a yeare, meate, drinke and clothes. And concerning John Whithead, it is ordered that Francis Halle sett
hime free from this time, and paye vnto hime 50Os




366           NEW HAVEN COLONY RECORDS.           [1647
Mr. William WVesterhouse, by Mr. Evane his interpreter,
acquainted the courte that he knew it not to be an offenc to
the courte that he imployed any to sell his stronge watter, but
seing he had done it, he justifyed the courte in the fine they
had laide, and he came to tender the payement. The courte
tould hime they looked not vpon it as his fault, but Jno Lawrencsons and his wives that sould it, for they intended not to
fine hime, but seeing he would paye it, the court considering
how vsefull hee hath bine in the towne by giveing phisicke to
many persons, and to some of them freely, the courte agreed
not to take the fine but returned it to hime againe.
Phillip Galpine acquainted the courte ther was a certaine
some of money, aboute 9 1, given hime by will by Nathaniell
Drapr deceased, wch some was due to the said Nathaniel for
wages, wch Mr. Leach is to paye, and now Mr. Pell, by order
from Mir. Leach, well Air. Pell refuseth to paye. Mr. Pell
saide he denyed not to paye it only he heard that Nathaniel
made another will and gave this wages to Mr. Sellicke, as Mr.
Tompson of Verginea, David Evanc and another saide, and
that he will require it, therfore if Phillip will give hirnme
securitye that he maye not paye it twice, he will paye hime it.
The court thought that but just, and agreed that if Philip can
give in securitye, it be payde to hime, if not that then it be
payde into the tresurers hand till the matter maye be cleared.
Mr. Goodier and Mr. Evanc were dissiered by the courte to
see Robert Persons suger waide, and that or any other goodes
of his vallewed, wch is to be put into the treasurers hand.
Mr. Malbon dissiered the courte to appointe some to vallew
some goodes wch were httached of Mr. Godferyes for on
Strong Fornale, of Boston.
A GENERALL COURTE THE 14th OF FEBURARIE, 1647.
The Governer acquainted the courte, that he heard that
fences aboute the towne are generally so defective that many
are discouraged from the laboure of husbandrie, because their
corne, when they haue sowne it, is spoyled, therfore it is of




1647]        NEW HAVEN COLONY RECORDS.              367
necessitie yt some course be taken that corne maye be preserved.
It was propounded by some that their might be certaine
men appointed as haywards, wch might looke to such a compase of ground as might be convenient, whoe should take and
pound all the catle or hoggs they found their, lookeing ouer
the ground on every daye, and that if the see any small defect
in any fence they might mend it, or if it be too great a breach
for them, that then they acquainte the owner wth it,'and each
hayward to be payde by the severall quarters wch imploye
them, as they shall agree. To this the courte inclined, and it
was agreed to meete in the severiall quarters to put it in execution. And wheras it is founde and complained of, that
when meetings of that nature are warned, severall doe not
attend them, therfore it is ordered that when a meeting is
appointed, and all they in the quarters haue seasonable warning, if any come not, yett the maior pt maye agree any course
for the goode of the quarter, provided it croses no order of
courte allreadie made.
[207]  11 It was dissiered by some that Indian and English
corne mighte not be planted in on feilde together, but it was
answered by diveres that it could not be avoided, but the
quarters themselues were to agree hearin, and not to damadge
on another, as allso to agree of the time of putting in catle into
the severall quarters where come is sowne, and allso of takeing them out seasonably, that come be not spoyled. All the
orders abovte fences to stand in full force, and every on to
hasten the setting vp the fences tiat are downe.
Mr. Westerhouse dissiered the towne to save their ashes,
and he would give them 4d a bushell and fetch them at their
houses, or 5d a bushell if they carrie them to the watter side,
to a place he would appointe there.
Mr. Evanc propounded that some would make a sluce at
the creekes mouthe wch comes vp to MrS Wilkes house. The
court was willing to incouradge it, and wished it might be
seriously considered against another courte.
The Gouerner dissiered that men would speedely bring in




368           NEW HAVEN COLONY RECORDS.            [1647
their rates to ye treasurer, that so the might prevent a warning to the perticuler courte.
William Andrewes was dissiered to acquaint the courte
what he intended to doe aboute the ordinarie, he answered
thoughe hime was willing yett he dissiered the courte would
provide another, because his wife is at present vnwilling. But
he had further time given hime to consider of it and to come
to the gouerner and give his answer.
Mr. Evane propounded to the courte that something might
be done concerning the setting a size for the waight of breade
wch is made and sould, but it was left to be further inquired
into till another courte.
Mr. Newman, the ruleing elder, propounded to the courte
that they would grant brother Wiggelsworth a small peec of
ground neare the meeting-house, to sett hime a litle house
vpon and make hime a garden, because he is so lame that he
is not able to come to the meeting, and so is many times deprived of the ordinances, when if he was neare he might inioye
them. The courte considering and pittying his case, inclined
to doe it & left it to the dispose of them whoe are intrusted to
dispose of lotts in the towne.
The courte declared themselues that the leather wch was in
mens houses, before the last order for sealing leather was in
force, be allso sealed before it be vsed or sould.
Mr. Evane propounded that ther might be some appointed
to ouersee and allso to seale the cooppr ware, that it maye be
sufficient bothe for gadge and tightness but it was refered to a
more private consideration.
Mr. Malbon dissiered the workemen in the towne that the
would be forwarde to help the elders vp wth their fenc, (and
they should be payde) and especially those whoe are debtors to
ye treasurie.
Jeremiah Howe hath libertie from the courte to sell strong
watter by pints or quarts or other small quanteties, so that he
suffer it not be drunke in his house, but sell it to ye townes
folke or stranges out of his house, provided allso that he haue
due respect to any suspicious persons and vnseasonable times,




1647]         NEW HAVEN COLONY RECORDS.             369
that all disorder maye be prevented; this to continew till the
courte find some inconvenienc.
Henery Morall, William  Blayden, Thomas Knowles haue
libertie to burne a litle meddowe wch is in ther home lotts,
provided the doe it at a fitt time, that no damadge come therby, and if any doe, they must answer it.
Leivtenant Seely dissiered the courte that he might haue
50s allowed hime, wch he had bine out of ever sine the plantation begune, for seekeing a shallope wch was lost, but the
courte sawe not cause that the towne should paye it, seeing
the shallop belonged to perticular men.
Mathew Camfeild declared himeselfe sorye that he had the
last courte presented the names of sundrye men to be behinde
in payement of their college corne, before he had spoken
againe wth them.
The Gouerner acquainted the courte that the Kinges Armes
are cutt by Mr. Mullyner for the towne, wch are to be primed
and after sett vp in a publique convenient place.'
It was propounded that a comittee might be chossen to consider and dispose of the absent lotts, that the charge wch comes
to the towne by them maye be prevented, and the magistrats,
elders and deacons, wth the 4 deputies for the towne were
chossen as a comitte for this thing.
John Halle acquainted the courte that the highewaye against
a lott he bought of Henery Pecke was worne awayo wth the
watter that their was no safe passing that waye. He propounded to know wheither the towne will mende it, but the
courte declared themselues, that the order was that every
man maintayne a sufficient waye 2 rods from his home lott
thouroughout the towne; but after much debate, John Halle
resigned the lott to Leivtenant Seely, vpon condicion that he
mende the waye and maintayne it sufficiently, wch Leivtenant
accepted.
Captaine Malbon propounded that ther might be a new
clarke chossen for the trayne band for the towne, because the
former clarke being otherwise imployde, could not attend it.
$ From "New Havens case stated," we learn that the kings arms were set upon a
post, in the highway, by the sea-side.
47




370           NEW HAVEN COLONY RECORDS.          [1647
John Clarke was by hime propounded, and by the courte
chossen clarke for the trayne bande of the towne in the roome
of Mr. Pery.
The towne was dissiered that they would be carefull to
attend the order in provideing themselues of ladders.
[208] A COURTE AT NEWHAVEN THE 7thl DAY OF MARCH, 1647.
Sundry at this courte tooke the oathe of fidelitie whose
names are entred amoung ye rest.
Edward Wigglesworth passeth ouer to Adam Nickholes, six
acrs of vpland ground lying in the Yorkesheir quarter wthin
the two myle; and wheras in the towne booke their is but 22
acrs and a halfe of land placed vpon Ed. Wigglesworths lott,
bothe for estate and persons, and yett he had layd oute and
hathe sould 24 acrs, he declared that the acr and halfe, wchl
makes it 24 acrs, was given hime in allowanc for shortnes in
his home lott.
Dauid Attwater entred an action against Mathias Hitchcocke, for 101 wch the said Mathias Hitchcocke receaved of
Dauid Atwatter, for the servic of Thonlas Whitehead for 4
yeares and eighte moneths, wch Mathias Hitchcocke could not
performe, he not haueing a full right to dispose of the saidcle
Thomas. Mathias Hitchcocke saith, that being demaunded
what assueranc he could give David Atwatter that he should
inioye the saide Thomas so longe, seing by the courte order he
had no full assueranc of hime, but he might goe awaye or
another might take hime from hime, he answered he could
give no better then he had, vnlesse the boye would give hime
any better, so he agreed wth the boye to make an indenture
for so longe time, and gaue hime the saide Mathias HIitchcocke,
101, but being advised by the courte to agree it betwixt themselues, they bothe consented to it and did wthdrawe, and soone
after declared to the courte that they had issued the differenc
to bothe ther satisfactions.
Arther Halbich passeth ouer to John Beech his house and
home lott wth all his accommodatiolns therto belonging wthin
Newhauen.




1647]         NEW HAVEN COLONY RECORDS.             371
John Nash being warned to the courte for not payeing his
rates, answered that he knewe none due from hime till the
land was entred in the towne booke, and that the courte
might take ther course, but was reproved for so saying, it
being a thing vncomely for hime to saye. So further lihe
obiected his land was not laide oute, but was tould it was not
the townes faulte, and if that was the reasson, the courte
would send presently and take a distrese, but in the issue he
promised to paye.
William Paine was called to make goode the charge wch he
laide vpon Seriant Munson last courte, wch was the he presented some for comeing late on the Lords daye wth their
armes but not others, thoughe they offended equaly alike.
William Paine saide he was loath to doe it, but yett presented
sundry names he had in a papr, wch came late the last Saboth
in Maye, 1647, and the last Saboth in June; some of them
came late, and some brought not their armes. Seriant Munson saide he dissiered Willm Paine might prove, first that the
men came late, 2dly that he did not present them. William
Paine saide hee bade not his proofe in courte; he was tould if
ther was indeede a fayling, he should first have tould his
seriant of it in a private waye, and if it had bine reformed,
well, if not, then he might have complained, for every souldier
should strive in all lawfull wayes to vphold the honour of
their officers. Further, Seriant Munson saith that he had the
names of sundry in a note to give the marshall that they might
be warned to the courte, but he lost it oute of his pockett, he
knowes not how. The seriant was advised, and wth hime the
other seriants, that they would carefully attend the dischargeing of that trust wch is committed to them, for they maye see
that the eyes of many are vpon them.
Mr. Leete and Mr. Jordan, attornyes for the towne of
Guilford, entreth an action against Mr. John Ceffinch of Newhauen, for certaine rates due vpon a lott wch the saide John
Ceffinch houldeth at Guilfordcl, but refuseth to paye them,
thoughe they haue bine demanded of hime. Mr. Ceffinch
saithe that he knowes not that he owes the towne of Guilforde
any thinge for rates, for they haue had the vse of his lande.




372           NEW HAVEN COLONY RECORDS.             [1647
Mr. Leete answered that it is true they vsed some of his
land, but that was to satisfye rates towards minesters maintaynanc, according to an order of courte made in Guilford
the    A, wch was, that if any remove, and yett hoold
the right of ther land in ther hands, and will not paye towards
the minesters maintaynanc, it should bee lawfull for the authoritye of the place to seize the whole or any pt of their
accommodations, to rayse that pt of the minesters maintaynanc wch he gave in to paye, and to render the ouerplus to the
owner, now for this purpose the land hath bine made vse of,
but not for the towne rates.
Mr. Ceffinch saide that he treated wth Mr. Disburowe
aboute this matter, and tendred the land for that yeare for defrayeing of charges, and Mr. Disburowe accepted it, and produced Mr. Attwatter for his wittnes, whoe testifyed vpon oath
that Mr. Ceffinch tendred to Mr. Disburowe the laying downe
all his accommodations in Guilford for that yeare for defrayeing publique charges, and Mr. Disburowe, thoughe he was
slowe in it, yett at last saide if yow doe it according to towne
order we cannot refuse it.
The plantiffe saide that they dissiered to hould to that, that
if it was laide downe according to order they will accept it,
but that it was not, as apeares by the order which was read in
courte, a copie whereof Mr. Ceffinch had from G-uilforde.
The plantiffe and deffendant being demaunded had no more
to saye. The court proceeded to sentenc, wch is that the
deffendant for want of proofe is cast, and must paye the rates
to Guilford wch is due for his lott their.
Mr. Robert Newman presented into the courte the inventorie of the estate of Mris Wilkes deceased.
Mr. Goodyear and Mr. Evanec were dissiered by the courte
to prise some goodes wch were attached of Joseph Godferies,
and if Mr. Malbon put in securitye, he hath libbertie to sell
them.
[209]  II Mr. Evanc attornye for Mr. Daniel Peirse, merchant,
entreth an action against Thomas Moris for takeing awaye a
flote or staye of Mr. Peirses and not returning it againe, but




1647]         NEW HAVEN COLONY RECORDS.             373
it is lost. And allso for damadge wch the saide Daniell
Peirse hath or maye sustaine for want of it.
Thomas Moris saide that Mr. Pery dissiered hime to fetch
the flote, but hee answered hime that he would not, and he
might send his owne men for it, for if any damadge came, if
he fetched it, it would be laide vpon hime, but Mr. Pery was
very importunate wth hime, & tould hime that they would
beare hime harmlesse, so by much perswasion, he and John
the Duchman fetched it, and when they had done wth it, he
tould Mr. Pery they must take care of it, and he and Grenfeild Larebe saide they would doe it as Mr. Chadwell can
testifye.
Mr. Chadwell testifyeth vpon oathe that being aboarde the
Phenix when the worke was neare done, he heard Thomas
Moris aske Mr. Larebe what course they would take wth the
staye, for Mr. Peirse would haue need of it, he knew not how
soone; Mr. Larebe answered that they would take care to
haue it made fast and secure till yt river was cleare, that it
might be caried into it place; the like passadges was wth Mr.
Pery, and Mr. Perys answer was the same. He asked them
why the lighter men tooke it awaye and caried it to the old
shipp side, they said that that was the secuerest place it could
be laide in, till the river was cleare. This they saide both of
them, thoughe apart, two or three times.
The courte considering the premises saw cause to judge that
the damadge must fall vpon Thomas Aforis, yett Mr. Pery and
Mr. Larebe will be lyable to make hime just satisfaction, according to the proofe he can make, and the court advised
Thomas Moris to make Mr. Peirse another flote, and the plantiffe declared himselfe willing to accept it, so it might be
readye by the midle of the next weeke, and Thomas Moris
being incouradged by some help that Mr. Chadwell & Mr.
Peirses carpenter, and some matterialls wch Mr. Goodier &
Mr. Malbon promised to afford, promised to make one.




374           NEW HAVEN COLONY RECORDS.           [1647
A GENERALL COURTE THE 8th- DAY OF MARiCH, 1647.
The Governer acquainted the courte that the millitarie officers, according to their dissire, had considered how the watch
might be caried on for more ease to the towne then formerly
it hath biine, and thinke that foure men wthout a master maye
serue in a night, (leaning extraordinarie occaisons to other
considerations as the courte hath before provided.)  These 4
men to carye on the watch in manner as followeth, They are
to be all at the watch-house an houre and a halfe after sunn
sett, wth their armes compleate, according to the former order
for the watch; and the 4 seriants in their course, are to come
to the watch-house every night, to sett the watch and give
them ther charge; and allso that they come at some other
times, to see that the watch doe ther duty faithfully, onc a
weeke at the least, leaning the sett time to themselues.
These 4 men are to walke the rounds, two one pt of the night
& two the other pt of the night. And whille two are walkeing, the other two to keepe sentinell in ther course, leaning
other circomstances to be ordered by the discretion of the
seiiant, as, wheither they shall walke halfe the night at onc or
no, and the like; and the seriants for their faithfull discharge
of this trust are freed from watching in their owne psons.
After some debate aboute this matter, the courte agreed
and ordered that till they see some inconvenienc arise by it,
the watch be caryed on in this manner.
It was propounded wheither the men at the farmes should
not watch in the towne, allso concerning the deacons and deputies for the courte, and seamen.
For the farmes it was answered, that they are by an order
of courte to watch, vnlesse it be in a time of danger, and then
they are to keepe watch at home.
For the deacons it was voted that they be wholly freed, and
likewise for the deputies for the time being. And for seamen,
if they were indeed seamen, and such as had no estate in the
towne to be preserved, they be freed, but if they have estate in
the towne then they are to find a watchman, thoughe they
watch not in ther owne persons. It was further ordered




1647]          NEW HAVEN COLONY RECORDS.                375
that Mr. Pell, Mr. Westerhouse and Mr. Auger be freed from
watching.*
It was propounded wheither psons that are aboue 60 yeares
of age should be freed from watching.  It was ordered that if
they be such as haue estate in ye towne, thoughe they be freed
in their owne psons, yett they must find a watchman.  All
others, not exempted by publique place, to watch.
William Judson and John Brockett propounded that they
might be freed from watching, but the courte sawe no cause
to grant it.
The Gouerner dissiered the seriants that they would be
carefull to looke to their squadrons vpon the Lords dayes, that
all they wch transgrese the court order maye be presented,
that so all show of parallitie maye be avoyded.
[210]  ATT A GENERALL COURTE THE 23th OF MARCH, 1647.
The Gouerner acquainted the court that those whome they
appointed to consider of the absent lotts had done it, and finde
the charge wch is vpon them by fencings & rates, to be very
highe; and allso that the lotts are not of an equalle goodnesse,
hee therfore dissiered to knowe ther iinde, wheither they will
expect or require all the rates, or abate any pt, and howe
much.  And wheither they will grant any of them  freely to
some psons for publique respects, and wheither they will now
consider and dispose of the matter themselues, or chuse a
comittee to whome they will refer the wholle matter.
The courte considered the propossition, and agreed to chuse
a committe.  And the persons chossen are the magistrates,
elders and deacons, the treasurer and on oute of each quarter,
vizd.
Francis Newman, for Mr. Eattons quarter.
Richard Myles, for Mr. Goodyears quart.
Henry Lindalle, for Mr. Lambertons qurt.
John Cooppr, for Mr. Newmans quart.
E Probably because they practiced medicine. For some account of Mr. Pell who
had been a surgeon in the Pequot war, and from whom the town of Pelham takes its
name, the reader is referred to Bolton's Hist. Westchester County, i. 521.




376            NEW HAVEN COLONY RECORDS.           [1647
John Clarke, for the subverbs.
Mr. Crane, for Mr. Malbons quarter.
Mr. Evanc, for his owne qu-arter.
Mr. Gibbard, for Mr. Wakemans quart.
Mr. C(effinch, for his owne quart.
Livetenant Seely, for the subverbs where he dwelleth.
To these or the maior pt of them agreeing, the courte gives
full power to dispose of the absent lotts, wth what abatement of rates or fencing or publique respects they shall see
cause. Allso to consider and reserve what lott they shall see
meette & most commodious for a colledg, wch they dissire
maye bee sett vp so soone as their abillitie will reach thervnto.
The Gouerner acquainted the courte that brother Andrewes
had bine wth hime aboute keepeing the ordinarie, and is willing
to keepe it if he could see a waye howe hee might be able to
provide things at the best hand in season. He therfore propounds that the towne woulde buy his house, house lott and
land, & make hime such paye as he might buy provissions in
season at best hand, and he will live in it & paye them rent
by the yeare till he call provide himeselfe of another house,
convenient and nearer the watter side for this purpose, and he
will reffer the pric to indifferent men to judge. The gouerner
asked the courte if they would not chuse some to consider wth
bro: Andrewes of this matter, and they agreed to doe it, and
chosse Richard Myles, Henry Lendalle, Thomas Munson, Jervie Boykine, Francis Newman and John Cooper as a committe
to consider of it and make reporte to the courte as they should
finde cause. Further William Andrewes propoundes that he
might have some part of the Oystershell feild for a pasture for
strangers horses and some medowe ground wch lyes convenient to gett haye for strangers horses in the winter, all which
vpon the isue of the former matter, the courte would consider
further off.
It is ordred that if any cattle be found in any come feild or
other severall ground where they are not to come, the owner
shall paye 5d a heade, (beside damadge,) wherof Id is to the
pounder if they be pounded, and 4d to hime that bringes them




1647]        NEW HAVEN COLONY RECORDS.             377
forthe, either home or to the pound; and for horses it is 7d a
pec, ld to the pounder & 6d to hime that bringes them forthe.
THenry Lindalle was chossen in the roome of Anthony
Toinpson to joyne with them that are appoynted to view that
land for MIr. Goodyeares and Mr. Wakemans quarters.
It is ordred that every cooper wthin this plantation shall
take care that he make his ware tight and good, and full for
gadge, and shall sett his burned marke vpon it that his ware
maye bee knowne, and allso the just gadge, howe much it
holdeth, wch is to be as followeth; the hogshead 64 gallons,
but not lesse then 62; the halfe hogshead or quarter caske,
32 gallons, but not lesse the 30; and the barrell 48 gallons,
but not lesse then    A      Thesse to bee all marked as
they will hold vpon tryall, and no otherwise.
Captaine Malbon acquainted the courte that the watches
were made vp, but he finds that sundrye old men and sealone
find themselues agreived that they are put into watch, therfore wheither the courte will not spare them, but it was
respited.
Mr. Robert Newman propounded to the courte, that ther
quartr and the next wher Mr. Ceffinch lives, dissires that
they might have on third pt of ther land wthin the two myle
exchanged for so much at heither end of the playnes, because
that on the hill is so stony they cannot plant it, and yett is better for pasture then ye plaine. The courte considered of it
and chose Mr. albon, Mr. Wakeman, Mr. Crane and Leivtenant Seely as a committe to view and consider of what they
propound, and howe it may stand wth the townes conveniency
or inconveniency, and to make report backe to ye courte.
It is ordered that every man shall attend the putting his
cattle that waye his land lyeth, and if any putt any vpon any
common where he hath no land lye, he must take care that
they maye so goe vnder keepers as that they maye not come
vpon other mens land to doe them damadge; if they doe, they
are to be pounded & the owner to answer it at the pertickuler
courte.
48




378           NEW HAVEN COLONY RECORDS.           [1648
[211]      A COURTE THE 2th OF MAYE 1648.
Thomas Iogge was warned to the courte for not comeing
to watch on night the last weeke in Aprill, but it apeared he
had not sufficient warning, so it was passed by.
Richard Spery was complained of for not comeing to watch,
but Mr. Goodier answered for hime that when he was neare
comeing from the farme they wanted an oxe, the neager said
he was sicke & left in the woods, so he was faine to goe forth
to seeke hime least hee should be lost.
Jonathan Marsh was complained of for not comeing to
watch, he saith he vnderstoode not the warning, for it was in
the night when he was asleepe, but because William Russill,
whoe warned hime, was not in courte, it was respited.
Old Goodman Willmote and Samuell Marsh tooke the oathe
of fidellitie.
James Byshopp was complained of for not comeing to watch
but it appeared he had not warning, thoughe he was carefull
to inquire after it, so it was passed by for this time.
Mr. Goodanhouse was complained of, and John Fisher, Mir.
Westerhouse man, for not comeing to watch.  They made
ther severall excuses, wch for this time, seeing they were strangers, the court accepted and passed it by, they promising for
tinle to come to attend the servic more carefully.
William Paine was called to make proofe of the charge he
made against Seriant Munson. fHee saide it was not his intent
to charge Seriant Munson wth partiallitie.  The Governer
told hime he charged it so as it must be partiallitie or grose
negligenc. He produced William Gibbins, whoe saith that he
tooke notice that some came late, as Henry Lindalle, Allen
Balle, Goodman Lampson, William  Blayden; but it is long
sinc, and le cannot tell wheither they were complained of or
no. John Halle saith he sawe Goodman Lampson and Henry
Lindalle come late, but wheither they payde for it or no he
cannot tell. William Paine saith that Thomas Moris came
wthout armes, and Edward Campe. William Holt saith so
allso. Seriant Munson saith he tooke not notice that they
came wthout armes, and wheither it were not vpon some day




1648]          NEW HAVEN COLONY RECORDS.               379
that he was absent, for he was 2 or 3 dayes justly hindred last
summer. And for Henry Lindall and Allen Balle, they were
not in his squadron.  William Payne was tould he had not
carried it well, for he should have told the seriant of it before,
and not lett it passe till he was complained of himselfe, and
then in this distemper to declare it, it did not savour well, but
he said he was sorey for it.  Seriant Munson was told yt the
court judged hime faithfull in his trust, yett it had the appearanc of negligenc, but they hoped this would be a warning,
and so passed it by.
ir. Evance tendred an account betwixt Henry Gibbines and
Mr. Trobridg, wherin it appeared Mr. Trobridg was debttor
to the said Henry 201 05S 05d, yett because lie is not able so
fully to cleare the acco as to make oathe it is so much, some
paprs being lost, he is content to accept of 101 as full satisfaction, and that, he dares take oath, is due to  hime at
least.
Mr. Crane allso demaunds 101 from the same estate of Mr.
Trobridg, wch Henry Gibbins saith was due to himie from his
master, but being asked if he could make oathe of it, he was
at a stand, but they were wished to prepare accounts more
perfectly against the courte of magistrats.
Mr. Robert Newman, as MriS  Wilkes her executor, hath
sould and passeth oner to Robert Bassett the house and home
lott of Mris Wilkes, wth what ground aboute the house was
granted by the towne to Mr. Wilkes.  The price, 40', that is
301 for the house and 101 for the garden or orchyard.  Hte to
take the house wthoute repaires, as it was prised by William
Andrewes and Thomas Munson; and what repaires hath bine
done sinc it was prissed, he to paye it beside the 401. He is
to paye the one halfe, that is 201, betwixt this and the 29th of
September next, and the other 201 at or before tile first daye
of Maye next. This paye to be made in come, cattle or
wamppome.
John Halle challelngeth something of Mris Wilkes estate
as a legacy given by Mr. Wilkes to his wife, but it was
respited.




380            NEW HAVEN COLONY RECORDS.              [1648
An inventorie of the estate of William Balle deceased was
delivered into the courte, and ordered to be recorded.*
Mr. Samuell Goodanhouse complained of         A, a
Duchman wch is servant to Mr. Henry        A       and was
prepareing to rune awaye from  hime, for he had gathered
many things together for that purpose as himeselfe confeseth.
One before he did run awaye as farr as Farefeild but was
stayde and sent backe by AMr. Ludlowe, and was brought before the governer heare and promised amendment, but yett
returnes to the same course againe.  He leaues it wth the
courte, dissiering them  to showe what favoure they maye.
The courte considering this delinquent haad bad warning
before and promised amendment, and yett now returnes to the
same euill againe, ordered that he should be whipped, yett
wth some moderation, seing he is a stranger, and his governers whoe susteyne the damadge dissire it.
[212   liThe marshall tould the courte William Wooden had
neglected his watch, and by hime sent this answer, that that
night he was not well and gott another to watch, whome he
conceives promised hime, but he deceived hime and the watch
was neglected, so he leaues it to the courte.  The court
agreed that William Wooden be warned to the next courte to
give his owne answer.
Joseph Gernsye was complained of for want of armes, but
he not being in courte himselfe, but sent his answer by the
marshall, it was respited.
Mr. Theophilus Higenson propounded to the courte that
Edward Chiperfeild owed hime xxS, he dissiered the helpe of
the courte, that he might have it; he was told when the
estate is setled then the debte muste bee proved, and till
then it must be respited.
- "An inventorie of tle estate of William Ball taken thc 30'm claye of the 2'ih moneth
1648. ~13. 0. 9." by Joshua Atwater and Thomas Kimnbelye.




1648]         NEW HAVEN COLONY RECORDS.              381
ATT A GENERALL COURT THE 22th OF MAYE 1648.
William Jeanes was admitted a member of this court and
tooke the freemans charge.
Mr. Wakeman and Mr. Crane were chossen deputies for the
jurisdiction generall court.
Mr. Gibbard, Mr. Crane, Richard Milles & Francis Newman
were chosen deputies for the plantation court of Newhaven
for the yeare ensuing.
Mr. William Gibbard was chosen treasurer for Newhaven
for the yeare ensuing.
Francis Newman was chosen secretarie for Newhaven for
the yeare ensuing.
Thomas Kimberly was chosen marshall for Newhaven for ye
yeare ensuing.
The Governer propounded to the court that they would consider something aboute the watches, for it is found that as it
was last setled ther is inconveniene ill it, because ye warning
of the watch is so late that it makes disturbanc in menls families when they are in bed. The court considered of it, and
for prevention ordred, that the foure watchmen wch are to
watch, come to that sariants house wher they shall be appointed, halfe an houer after sunn sett, vnder the penalltie formerly setled; and the first two that come, the sariant is,
(haveing given ther charge,) to send prsently forth to warne
the next watch, and so to walke the rounds in thler course as
before ordred. The other two haueing ther charge from the
sariant, are to march to the watch-house, keeping the court of
gaurde, and takeing ther turne to walke the roundes as beefore ordred. And if it fall out that one or more be absent at
the time appointed, the sariant hath power from this court to
goe and take, to supply his prsent watch, out of that watch
weh should watch the night following, and they wch should
haue watched shall paye halfe the fine for late comeing to them
that watch in ther roome, and thoulghe they come after, yett
shall returne home againe and watch for them the night following.
John Meges is freed from trayning because he is lame, and




382           NEW HAVEN COLONY RECORDS.           [1648
from watching in his owne person, provided that he hire a
man to watch, that the sariants shall approve of.
Thomas Moris because of his occaisions aboute watterworke,
wch, by reason of the tide, is sometimes late at night, (vpon
his desire,) is allowed to hire a man to watch wch the sariants
shall approve of.
It is ordred that those farmers and their covenant servants
wch have no estate in the towne, are for the prsent, till the
court see cause to alter it, freed from watching.
Mr. Goodyeare, because his farme is allone and farr from
the towne, hath two men freed from watching.
David Atwater, Richard Mansfeild, is to finde each of them
a man to watch at the towne in regarde of ther house lotts
heare.
Mr. Goodanhouse farme is respited till the court more fully
vnderstand from him wheither it is lett or no, and how, but
his men are to watch in the meane time.
It is ordred that the Necke be driven this afternoone, and
what catle are found that transgrese the order, are to be
pounded or driven to some yard, and the names of the owners and the number of the catle given to the governer.
John Meges was chosen clarke for ye trayne band of Newhauen.
The officers for the artillary chosen this yeare was prsented
to the court, vizd. Robert Seely, Captaine, William Andrewes,
Leivtenant, Mr. Chittendine of Guilford, John Nash, William
Fowler, Richard Beckly, Sariants. Henry Lendalle, Ensigne.
Richard Myles, Clarke.
Samuell Whithead is chosen collector for the colledge come
for this yeare, in the rome of Anthony Tompson deceased.
The Governer propounded to the court to know wheither
they thought it convenient and would allow, that two or three
house lotts in the towne should be laide into one, by wch
meanes the number of planters is deminished and the towne
weakened, and many other considerations; allso wheither
they thinke it not meete, that every house lott in the towne
finde a watchman, thoughe ther be no house or no bodey
dwell vpon it. The court thought it worthy of consideration




1648]           NEW HAVEN COLONY RECORDS.                  383
and refered it to the magistrats, elders and deacons, and the
deputies for the court, as a committee to consider and determine of it.
It was propounded wheither seamen should watch, but after
much debate and yett no issue, the governer was desired to
wright to the governer in the Baye to know what they did
ther aboute it, and then the court will consider of it againe.
[2131]  1] The Governer acquainted the court the heares
ther is some families in the towne want releife, as widdow
Knowles, widdow Halbich; the ordred that M' Gilbert & Mr.
Wakeman joyne wth the treasurer to consider of their state,
that they be not put to extremity.
Lancelot Fuller desired the court that they would grant
him a pee of land to sett a house vpon, vpon the banke side
by the creeke, betwixt Mris Lambertons house and Sariant
Jefferyes. The court chose Mr. Goodyeare, Leivtenant Seely,
Jasper Crane & Francis Newman to veiw & consider of it, &
report backe to the court how they finde it.
It is ordred that order for killing old wolues and foxes wch
allowed 15s for a woolfe, and 2s 6d for a fox be againe in fore;
but for younge woolues or younge foxes it is but halfe the
price.
Mr. Malbon acquainted the court that those whoe were
appointed to veiwe Mr. Newmans quarter haue don it, and
find not but the towne might grant the exchange, if ther could
be a convenient way found to that they would part wth, but
that not yett appearing, it was respited.  Allso that those that
were appointed to veiwe one the west side for Mr. Goodyeares
and Mr. Wakemans quarters, beyonde Mr. Malbons meddowe,
haue done it, and finde nothing but, if they desire their land
their, the towne maye grant it wthout inconvenienc to themselues.
[There was a General Court for the Jurisdiction held on the 31st of May, 1648, as
we learn from the MS. Records of the United Colonies; (Hazard erroneously gives the
date as May 3d.) The time for the election of officers for the jurisdiction had been
changed from October to the last Wednesday in May, probably at the preceding session. At this time Theophilus Eaton and John Astwood were chosen commissioners.]




384            NEW HAVEN COLONY RECORDS.           [1648
A COURT HELD AT NEWHAVEN THE 6th OF JUNE 1648.
John Moss passeth ouer to Richard Beech 1 acr, 1 quarter &
14 rod of meddowe, lying in the west meddowe, one end abutting on the West River, the other end runing into a cove in
the vpland, betwixt the meddowe of Richard Beech & James
Russell.
William  Blayden was complained of for not appearing at
the last generall court, he sayd he heard not the drume nor
knew that their was a court, and sayd he could take his oath
of it. The court, seing they could not prove it, past it by.
Mr. Cheffinch declared in court that he approved of his
brother Thomas Ceffinch his will, and accepted of the executo'ship, and prsented an inventorie of the estate of the sayd
Thomas Ceffinch in court, amount to 3431 00: 00. prised by
Josua Atwater & Samuel Ceffinch, the 6th of June 1648."
Joseph Gernsey was warned to the court and appeared, and
was complained of for want of armes. He made his excuse
that he was poore when he came out of his time, & sine he
hath intended to goe to sea, so hath neglected it, but was tould
that these excuses would not serve, for though he was poore
or went to sea he must have armes. For this neglect he was
fined 5s, & if he be not provided in a moneth, it will bring a
greater fine vpon him.
Leivtenant Seely, as sealler of leather for the towne, complained that he saw some leather a dressing that was not sealled nor fitt to be sealed; he inquired whose it was, the currier
sayd some of it was Abraham Dowlitles, some John Chidseys,
some Jno Gregoryes. Jno Ml{egs had none their, but he saw
a pare of shooes wch came from him woh was made of leather
gren and horney, neither sealed nor fitt to be sealed, wch was
but of the threes, yett the pric 2s 8d or 2s 10d.
John Gregory answered that his leather was sealed as much
as he thought necessary, before this last order was made; he
was told it was not sealed at all, but onely cutt for tryall; and
$ In the margin, "At a court ye 4thi Septm. 1649, ye inventorie was proved bye oath
of ye prisors for ye vallew & by ye oath of ye executor for ye quantitie."




1648]         NEW HAVEN COLONY RECORDS.             385
by that cutting it appeared not fully tanned, so not fitt to be
sealed, and that before this last order he sealed or marked
other mens hides wth N. H. wth a knife, besides cutting them
for tryall; that if he had thus sealed or marked this leather,
it had bine a double fault, in makeing faultie leather into
shooes, and in falsifying an office trust, sealing that wch
should not be sealed.  But he was further told that this
leather was not sealed, and the last order reached all vnsealed
leather in any mans house or custody, then he sayd he thought
the sealer should have come to his house to inquire after
vnsealed leather; lie was told it was no part of the sealers
worke, they that had vnsealed leather ought to speake or send
for them, and so it was generally vnderstood, and others did
send for him, & Mr. Maalbon was instanced in; then he sayd it
was his ignoranc, but that satisfyed not. Lastly it was conceived that from Abrahan Dowlitle or John Chidsey he vnderstood that Leivtenant Seely had found fault wth his leatherI
as neither sealed nor fitt to be sealed, and yett he bad wrought
it out, or pt of it, into shooes, wch beside the injurye to the
buyers, seemed a contempt of ye authority by wch the order
was made, this he acknowledged not, whervpon his miscariage was respited till Abraham Dowlitle and Jno Chidsey,
(now abroade,) come home.
John Meges being questioned for the shooes he made of
faultie vnsealed leather, and perticulerly for a pare sould to
Moses Wheeler, pretended ignoranc that leather in mens
houses should be sealed. He acknowledged himselfe had
curryed a pee of leather which he had in the house, thoughe
he knew it was both vnsealed and horney, not tanned. He
acknowledged that vpon Moses Wheelers importunity he had
made him a small pare of shooes of that leather; what pric
he tooke for them he remembers not, but hee intended if
Moses Wheeler should after complaine of the shooes, to make
satisfaction. The court remembering what had formerly
passed betwixt Goodman Megs and old Goodman Gregory,
and that at another court sine, Goodman MIeges of his owne
[214] accord had acknowledged I1 his sinnfull miscariage, in
makeing and selling deceitfull shooes, wth such appearanc off
49




386           NEW HAVEN COLONY RECORDS.           [1648
an inward conviction, and suitable sorrowe, that all or most
that heard him inclined to satisfaction, was deeply offended at
this passage. How many shooes John Meges hath since made
and sould of such faultie vnsealed leather they know not, but
in this one paire severall evills appeare. First contempt of
authority in breaking an order wherin himselfe wth others had
bine advised wth and had approved it. Secondly, continewed
vnrighteousnes in selling a small paire of shooes made both
vpper leathers & soales of faulty leather at so highe. a price,
not acquainting the buyer wth any defect, or purpose of any
restetution if the shooes proved bad. Thirdly much appearanc of guile in his late repentanc, returning so soone to the
same sinn for wch he had volluntaryly and publiquely judged
himselfe. Wherfore reserving libbertie to themselues to heare
and consider any other mans complaint against Goodman
Megges for selling such faultie shooes, when any such shall be
brought, the court, for this miscariage, agravated by the forenamed circumstances, ordered Goodman Meggs to paye twenty
shillings to the towne as a fille, beside due satisfaction to
Moses Wheelerwhen it shall be required.
John Jacklson,  Beniamen Willmot & Thomas Yale were
complained of for not comeing to watch, but it appeared they
had not seasonable warning, and it was before the watches
were setled in their course, therfore the court for this time
past it by.
Francis Hall was warned to the court and appeared, and
was complained of for refusing to watch himselfe, and for
counselling others to refuse it allso, wch cariage holds forth
contempt and a riseing vp against the authority of the place.
Francis Hall sayd he spake some words to Seriant Fowler,
but he intended no such thinge. Seriant Fowler sayd he sent
Francis Hall word to come to watch one the third day at night,
but he came not, nor any for him, so he hired a man to watch
in his roome; the next day he mett wth Francis Hall at Mr.
Evanc his house, and told him he should have attended his
watch, but he hired one to watch for him, and bid him either
paye him or watch for him againe, but he answered he would
doe neither of them, and was verey stiffe & peremptory, and




1648]         NEW HAVEN COLONY RECORDS.             387
though Mr. Evanc and Robert Martin both perswaded him, he
would not harken.
Mr. Ling sayd that John Jones his farmer told him that
Francis Hall dishartened him from watching, saying they
should all fare ye better if he, the sd Jno Jones, went not to
watch. Francis Hall seemed to fall vnder it, & saide he rather beleived Seriant Fowler then himselfe, and doth allso beleive
what J11o Jones saith, and submitts to the courte.
The court considered the cariage of Francis HEall, and saw
it contempt of authority wth a disrepective cariage to the
seriant in his place, and such counsell gave to others wch as
in the nature of it tendes to disturbanc in the commonwealth,
thlerfore ordered that Francis Hall paye as a fine to the towne,
twenty shillings.
Richard Myles and Rogger Allen were appoynted to prise
the estate of William Ives deceased.
Richard Myles, William Tompson & Mathllew Camfeild were
appointed to prise and vallew the estate of Anthoney Tompson
deceased.
A GENERALL COURT THE 3th OF JULY, 1648.
Thomas Moris was admitted a member of this court and
received the freemans charge.
Mr. Gibbard being chosen the last court, Treasurer for
Newhaven for a yeare, did now desire the court to make
choise of another, for he was not fitted wth abillities to carie
one that worke to the townes satisfaction nor his owne, but
would rather submitt to a fine and be spared from the place.
It was propounded to the court wheither they would free Mr.
Gibbard according to his desire, but the court did againe confirme ther former choise; judging him a man meete and fitt
for that place, and voted that Mr. Gibbard be treasurer for
Newhaven for the ensuing yeare.
The Governer acquainted the court that the heardmen
have complained to him that ye dry catle, as oxen and steeres,
do so trouble their heards that they know not what to doe wth
them. It was therfore propounded wheither the court would




888           NEW HAVEN COLONY RECORDS.           [1648
not make some order to prvent it, wch the court considered
how to doe, and ordered that if any dry catle or oxen be found
in the cowes walke to trouble the heards, the owner of them
paye 3d a head, beside poundage if they be pounded; and if
any quarter or quarters shall agree together to drive out their
catle or hire a keeper, and any refuse, they haueing had seasonable notice therof, the pticuler court shall judg of their
miscariage, & order them to paye and beare charges wth their
neighbours, according to their proportion.
The planters one the west side of the towne desired they
might haue libbertie to fence in the oxe pasture laid out
neare the towne, to keepe their oxen in,  and some ppounded
that that pt next the towrie might be lett out to be planted for
some yeares. The court considered of the propossition and
ordered, that some be appointed to speake wth the planters in
the towne, to see if their may be such an exchange made betwixt those one the east side of the towne, & those one the
west; the one pt relinquishing their right in the Necke &
takeing it whollye in the Oxe pasture, the other leaveing their
right in the Oxe pasture, and takeing it wholly in the Necke,
and then, if their be a considerable number that will plant,
they maye, as they shall agree, fence in some for that purpose,
provided that they abridge themselues of'eepeing ther. Mr.
Gibbard & Richard uiilles were appoynted for that side of the
towne, and Mr. Ling & Mr. Ceffinch for the other side; that
is A/fr. Eatons qr., Mr. Malbons, Mr. Newmans, Mr. Ceffinch
& the subverbs on the other sid the east creeke, that so the
matter might be prepared for another court.
[215]  II William Andrewes and Thomas Munson were desired to veiw the pillars of ye meeting-house, that any decaye
in them maye bee timely discovered and prvented. And the
like was allso desired of William Andrewes forfo the Necke
bridge and the West bridge.
It was propounded to the court wheither they would have
George Laremore the millar watch. The court considered of
it, and seeing it falls out so that some time he is faine to sitt
vp at mill to supply the towne wth meale, therfore ordered
that he should be freed from watching.




1648]         NEW HAVEN COLONY RECORDS.             389
It was allso propounded to the court wheither they would
free Robert Bassett the drumer, from watching, but the court
ordered that he be not freed, but that hee watch as other
planters doe.
Captaine Malbon propounded to the court that the cullers
bought by the artillary company, wch have bine allso vsed in
the towne traynings and received some damage therin, might
be payde for out of the towne stocke and be the townes cullers,
and lett the artillary have the vse of them in their traynings,
seeing the townes good is promoved therby. And it was
ordered that they be so payde for and vsed.
Veiwers chosen for the fences for the yeare ensuing are as
followeth,
Mr. Gilbert and John Walker for Mr. Eatons & Mr. Malbons
quarters.
Mr. Ling and Robert Hill for Mr. Newmans & Mr. Ceffinches
quarters.
William Fowler & Henry Glouer for Mr. Gibbards quarter.
Henry Lendall, Thomas Mitchell for Mr. Goodyeares
quarter.
Phillip Leek, Thomas Lampson for Mr. Lambertons quarter.
John Moss, Mathias Hitchcocke for ye subverbes.
Thomas Beament, Henry Pecke for the playnes.
Francis Browne, Mathew Moulthrop for Oyster-shell-feild
till ye come be out.
Thomas Beament was chosen sealler of leather in the roome
of Robert Preston deceased, and tookle oath that he should
deale faithfully to scale all leather according to the order wch
hath bine made, according to the best of his light.
William Andrewes desired the court to provide some other
to keepe the ordinary for he was not able to carie it one, wch
they tooke into consideration.
Thomas Moris propounded to the court that himselfe and
others imployed aboute vessells as carpenters might be spared
from trayning, because some time many mariners wch are
vnder paye attend vpon them, wherby the pric of commodities
is raysed. The court saw no waight in the argument & therfore granted it not. But what workemen are imployed as




390           NEW HAVEN COLONY RECORDS.          [1648
carpenters aboute the great ship, when it is in hand, are
spared from trayning for that time till she be ready to goe
forth.
Jonathan Marsh desired he might have libbertie to sett vp a
shop to worke in on his trade, vnder the banke side next the
watter before his house. The court reffered it to be veiwed
by Leivtenant Seely, Jasper Crane, Thomas Munson, and
Francis Newman, and to report to the governer how they
finde it, who is to graunt or deney as he shall see cause.
A COURT HELD ATT NEWHAVEN THE 4tth OF JULY, 1648.
Samnnell Whithead, John Moss, Rogger Allen and Thomas
Lampson were complaind of for being absent at the generall
court when the names were read, they made their excuse that
their cowes were lost the Saboth day before, and they were
faine to goe looke them, haueing no other to doe it, and Jno
Moss further saith that they had loaded goods aboard the
lighter welh he apprhended to be in some danger, because the
winde was high that morning, and thought it his duty to goe
and looke after them. The court considering that the case of
them all is extreordinary, & could not be prvented before,
past it wthout a fine for this time.
John Hall was complained of for absenc at a generall court,
he sayd he had no warning, & went out in the morning before
the drum beate, & knew of no court. William Holt was complained of for the like & gave the same answer, for he was
wth John Hall. For both the court past it wthout a fine.
William Bassett was complained of for not bringing his
armes to ye meeting on the Saboth day wch was his squadron.
He answered that he was changed from one squadron to
another, and knew not that it was his day, and when he saw
it was, he brought them in the afternoone; but he was told it
was his neglect who should knowe, but the court findeing it was
no willfull neglect, agreed that he paye halfe the fine, wch is
2s: 6d.
Thomas Wheeler was complained of for defect in his armies,




1648]         NEW HAVEN COLONY RECORDS.             391
want of gunsticke, some powder, defective scabbard, wch he
confeseth, though for his por he conceiveth ther was inoughe.
For these he was fined 18d, and for late coming to trayning
wch he acknowledgeth, 12d.  He was complained of for
absenc at a squadron trayning, but he answered he was put
into a new squadron & had no warning, that was past by. He
was complained of for comeing late wth his armes on Lords
day, but it could not be fully proved, wherfore if he can make
it appeare he cam before the last drum left beating, as he conceives he did, the court will consider of it againe, but for prsent
it is respited.
[216]  II John Whithead, servant to Mr. Crane, was complained of for want of a pine in the locke of his pee. His
master saith it was no other defect then hlath passed ths 8
yeares, and couldnot be mended wthout a new stocke, and
the gunsmith sayd it was sufficient. The court for this time
past it wthout a fine, but agreed that it should be mnended.
James Clarke was complained of for coming late to a squadron trayning, & late one Saboth day wth his armes. HIee answered the true reason was because his wife was sicke, wch the
court accepted and past it wthout a fine, but is fined 12d for
late comeing in the afternoone one trayning day as himselfe
acknowledgeth.
James Clarke was further complained of for absene vpon a
trayning day when they showed armes. He sayd Sariant
Mlunson tooke him away and he thought he would haue bine
at court to have cleared him, but it was respited, and the marshall ordered to warn Seriant Munson to the next court.
John Hall having at a court in July last, 1647, demaunded
out of the estate of Mr. Wilkes 101 as a portion promised by
Mr. Wilkes to his wife, whoe was his servant, as he then proved
by two witnesses, wch proceeding were now reade, and further to confeirme the thinge, he now presenteth Jonathan
Marsh, whoe testifyeth vpon oath that Mr. Wilkes a litle
before he went to England declared to him that he had promised his maide Jeane Woolen, (now Jean Hall,) a portion,
and made a motion of marriage to him concerning her, and
if he accepted it he would paye it downe; but he cannot




392           NEW HAVEN COLONY RECORDS.           [1648
remember distinctly wheither he sayd it was five pounds or
tenn pounds. The court considered that it is a case that concerneth the estate of the deade, and that Goodwife Hall herselfe is not now in court to answer to any question might be
propounded, and being desierous that the indenture wherin
she was bound to Mr. Wilkes might be searched for and showen
in court, therfore it was respited till the next court.
iMr. Gibbard was fined for defecte in the cocke of his mans
gunn 6d, and for want of at least 11 of bullits 2s.
John Wakefeild was complained of for not bringing his
armes to the meeting on Lords day when his turne was. Ile
saith it was one day when his wife was sicke & hindred him,
or elc one day when he kept cowes, but he leaves himselfe
wth the court.
John Thomas was too late wth his armes one Lords day, the
reason he saith, was because he had a child sicke and was
faille to goe to Mr. Pell for something for it. The court judging it a worke of mercy and necessary to be done, past it by.
A CouRT AT NEWHTAVEN THE FIRST OF AUGUST, 1648.
Mr. Crane and Francis Newman informed the court, that
wheras ther have bine and still are certaine questions and
differences betwixt Mr. Davenport and Henry Byshop his late
farniour, wch Mr. Davenport would have issued by a private
arbitration, and for that end hath desired them, one his behalfe to consider the perticulars wth Goodman Byshop in a
friendly way & to propound refferenc, but Henry Byshop hath
euer refused it, saying he would issue his owne matteres himselfe, wch cariage of his, after three monethes of forbearance,
constreyned Mr. Davenport to thinke of other meanes; yett
after a warrant was written, Mr. Davenport, vnwilling to commence a suit, stayed it, and vpon his request the Governer
sent for Goodman Bishop and indeavoured to pswade him to
a refferenc, but could not prevayle, whervpon the warrant
was served and Goodman Byshop appearing, the court would
have proceeded, but Goodman Byshop desired respite, because




16483         NEW HAVEN COLONY RECORDS.             393
some of his witnesses living out of towne were absent, and
himselfe at prsent vliprepared for triall. He was told that his
witnesses were not so farr out of towne but they might have
bine sent for & ready since the warrant was served. Mr.
Crane and Francis Newman one Mr. Davenports behalfe,
desired that since Goodman Byshop is no setled planter, but
maye remove at pleasure, he maye put in security to the vallew of 601 to satisfye and paye what shall be found due from
him to Mr. Davenport, wheither by sentence of court or arbitration, and that if it be by arbitration, Goodman Byshope
chuse men free from just exception. The court aproving the
motion, propounded it to Goodman Byshop. Goodman Byshop desired yt Mr. Davenport might allso putt in security to
him, and that he might have libbertie to except against Mr.
Davenports arbitrators. The court told him it was not reasonable that the plantiff, being a man of place and esteeme,
and haveing a good vissible estate fixed in the plantation,
after such meanes vsed to bringe the cause to an issue, should
putt in security to ye defendant whoe is like to be found the
debtor; but if he could make any just exceptions against Mr.
Davenports arbitrators, it should be considered. Whervpon
Goodman Byshop ingaged all the come vpon Mr. Davenports farme, wheither in ye barne or abroade, and one mare
belonging to him of Mr. Davenports breede, 5 steeres & two
heyfers aboute three yeares old, and 5 cowes; all wch, both
come and catle, hee affirmed to be free and vningaged at
prsent, and did now in court ingage them  to Mr. Davenport,
by way of security to satisfye and paye whatever shall be
found due vnto him by arbitrators indifferently chosen betwixt
them, betwixte this and the next court, or by arbitrators
chosen for them by the court, or by sentenc, or any other
waye the court shall order and appointe.
Robert Bassett a planter in Newhaven,   A      Badger
boatswaine, Charles Higenson marriner in ye ship Susan,
whoe had bine comitted to prison for a late disorder, released
vpon baile and bound to answer at this court, appeared wth
Thomas Toby and foure others whoe came lately from Boston
to worke vpon the ship hear built. The court was informed
50




394           NEW HAVEN COLONY RECORDS.            [1648
that vpon the sixt day last weeke, after sunn sett, their was a
disorderly meetting and drinking at the house of Robert Basset, wch continewed, as was conceived, till betwixt tenn and
eleven of the clocke, wherin ther was severall miscariages, to
the great provocation of God, the disturbance of ye peace,
and to such a height of disorder that strangers wondered at
it, and Robert Basset himselfe confesed he had not scene the
like since he came. The manner and pticulars were as followeth,
[217]  11 Some of the Susans company, after their dayes
worke was finished, comeing on shore mett wth the master
and owner of a pinnace lately come in from Boston, and foure
of the workemen for the ship builte hearer and John Griffen.
They went into Robert Bassets and called for sacke.  He
told them he might not draw less then three quarts, wch was
a most pverse interpretation and abuse of an order, as if the
court would further drunkennes, forceing men to drinke more
then they desired, wheras he should have drawne none at all
in that waye; the order being expressly made and penned to
suppress such disorderly meetings and drinkings. No man
wthout speciall licence being pmitted to sell wine or stronge
liquours by retayle in small quantities, much less to vse his
house or cellar as a taverne for company to come in and spend
their money in drinking wine or stronge liqueurs; onely if a
merchant will drawe out a pipe or pee, he might sell either to
neighbour plantations or to the inhabitants of Newhaven a
runlet, case of glases, or by the gallon for his private vse,
but this company, being in number tenn, (besids Robert Basset himselfe,) Robert Basset drew them  three quarts, and
after in severall pcells, three quarts more at that sitting, by
wch means some of the company, (as appeareth,) dranke
to excess and distemper, and brake into quarrelling and other
sinfull miscariages.  The owner of the pinnace, in their cupps,
calling thb boatswaine of the Susan, Brother Loggerhead, the
boatswaine returns threatening language, thenc they grew to
sideing, pt takeing and chalenging, then the master of the
pinnace and the boatswaine goeing out of ye house, fall first
to wrestling, then to blowes, and theirin grew to that feircnes




1648]         NEW HAVEN COLONY RECORDS.             395
that the master of the pinnace thought the boatswaine would
have pulled out his eies, and the markes of the blowes appeared some dayes after vpon his face; and in this rage and
distempr they toumbled on the ground, downe the hill into the
creeke and mire, shamfully wallowing therin; and had they
not bine pted, they might have proceeded to further mischeife,
for Charles Higenson, distempered as it seemes wth drinke, in
a way of sideing wth the boatswaine, grew quarrelsome, wherwth the owner of the pinnace, being affrighted, rann aboute
ye streete crying, Hoe, the watch, Hoe, the watch, and the
watch being then in that pt of ye towne walking the rounds,
made hast and for ye prsent stopped the course of ye disorder,
but in this rage and distemper the boatswaine fell a swearing,
wounds & hart, as if he were not onely angry wth men, but
would provoake the highe & blessed God. After they were
thus pted, the master of the pinnace went to ye watter side,
but the season not serving to goe on board, he returned to
Robert Bassets house, and their the boatswaine fell vpon him
againe and theirby frighted Robert Bassets wife & child.
Robert Basset moved therwth, thrust the owner of the pinnace
out of dores & told him (as himselfe confesseth,) that if he
had him in place where he would beate out his teeth, or as
Thomas Toby, (Robert Bassets witnes,) relates it, he would
make him sucke as longe as he lived; which words argue distemper, and are vsed by drunken companions, so that the disorder was verey great and verey offensive, both to ye neighbours, the noyse & oathes being heard to the other side of the
creeke, and to others who coming theither observed onely
some pt of their miscariage. And though it be not fully
proved that Thomas Toby was distempered wth drinke, & himselfe denyes it, yett he had a share in the disorderly drinking,
and furthered it by drawing, (as himselfe acknowledgeth,)
one quart of the wine when they had had two much before,
weh was the worse in him, haveing bine one before fined in
this court for miscariage in drinking, whl in himselfe and others should have made him more watchfull against such disorder.
This sinfull miscariage being thus opened, and the pticu



396            NEW HAVEN COLONY RECORDS.            [1648
lars in substanc acknowledged by the pties therin concerned,
the court proceeded to sentenc, and first finding Robert Basset guiltie of the breach of a knowne express order of ye generall court, in such selling wine and suffering company to corn
in, spend their money and sitt drinking at such vnseasonable
howers, all agravated both by the warning himselfe had in
John Lawrenson & his wifes case, whoe were fined for a less
miscariage in strong liquours comitted in his house, and by
the sinfull efects wch followed vpon this disorderly drinking,
as quarreling and fighting wth disturbanc of the peace as
before expressed, swearing in such a fearfull manner as might
justly have brought downe the wrath of God vpon the swearer
& that whole company, frighting his owne wife and child, and
his owne quarreling & threatening, wth the spirit and in ye
phrase of a man distempered wth rage or drinke, the court
ordered him to paye five pounds as a fine to the towne. And
that,    Badyard, the boatswaine of the Susan, for his
distemper in drinking, his quarreling, fighting, and swearing,
thoughe Mr. Evane and Robert Martin testifyed for him that
his course and cariage hath bine faire & free from swearing to
their best observance sine his first coming heither till this
prsent miscariage, wch did mittigate the censure, yett the
court ordred that he paye to the towne forty shillings as a
fine, and that Charles Higenson paye 10S, and Thomas Toby
5s.  And for ye foure strangers wch came to worke vpon the
ship hear built, their being neither proofe nor charge against
them for excess in drinking, quarreling, or any other miscariage, save their beeing in company in this disorderly meetting,
the court onely advised them to take it as a warning against
all future disorder.
Adam Nickholls was complained of for not comeing to
watch, he answered that he had lett his watch for ye whole
yeare, and he that he hired fayled him. He was told that he
must answer for his man & require remedy of him againe, for
wch neglect he is fined 5s. He was complained of for comeing late wth his armes one Lords day, he sayd that his wife &
child was sicke; he was told that if could say that was ye




1648]         NEW HAVEN COLONY RECORDS.             397
reason at this time, ther might be something in it, but he
could not afirme that, whervpon it was reffered to another
court.
Henry Pecke & Joseph Pecke were complained of for
comeing two late wth their armes on Lords day in ye morning;
they answered that ye night before they watched & had no
rest, & when they came home they went to take a litle rest,
that so they might be ye fitter for ye ordinances & not sleepe,
vpon wch consideration, for this time, ye court past it by.
Mris Plume and Samuell Plume prsented in court an inventory of the estate of Mr. John Plume of Totoket, deceased,
but because it was not vnder oath of ye appraisers according
to ye generall courts order, the court accepted it not, but onely
kept ye copie, inioyning them to bring in one according to
order ye next court, or elc to show just cause why not.
[218] IjJohn Hall having formerly pleaded for a portion for
his wife of 101 out of the estate of Mr. Wilkes, due to her by
promise, as did appeare by the testimony of William Paine
and Bridget Wilkes vpon oath, and at the last court renewed
his plea, and produced another witnes, vizd, Jonathan Marsh,
whoe was allso heard and examined vpon oath, but the cause
for some reasons then showen, was not issued, therfore he did
now renew his desire that the court would be pleased to put
an issue to it, and Goodey Hall being present was asked why
her master Wilkes promised her 101 if she served out her
time. She sayd because he knew she deserved it. The indenture wherin Goodwife Hall was bound to Mr. Wilkes was
called for and allso read in court, wherin it appeared that she
was to serve him for 5 yeares and to have 31 a yeare, wch the
court judged competent wages, her passage being allso payde
for by Mr. Wilkes, so that the act was alltogether free one
Mr. Wilkes his pt. But he haveing promised and ingadged
himselfe to doe it, as appeares fully by testimony of ye witnesses vpon oath, therfore it becomes a due debte to her. Therfore the sentenc of the court is that Mr. Robert Newman,
executor of ye estate of Mr. Wilkes, paye to John Hall as a
debte due from Mr. Wilkes to his wife, 101.
James Hayward haveing at a court, December ye 7th 1647,




398           NEW HAVEN COLONY RECORDS.          [1648
entred an action of defamation against William Wooden, weh
was opened and witnesses heard and examined, but then was
respited by ye court, whoe waitted for some further light out
of ye Baye concerning this thing, wch now being come, James
Hayward desired that their might be an issue put to it, whervpon the proceedings of that former court was read and a further testimony of Beniamin Hill vpon oath, taken before Mr.
Malbon the 25th of Maye 1648, wherin Beniamin Hill testifyeth that he heard William Wooden saye, James Hayward was
hollowe harted, and if ye church knew that he heard, he
would not be received againe, and that he would be banished
if all was true he heard (or they knewe as much as he,) and
that he dealt basely wth him at Captaine Turners, haveing put
a pece of leather of Captaine Turners into his knap-sacke in
way of spite, James and William  being fallen oute, and
that James charged William Wooden that he had stole ye
leather, therfore he conceives he put it in, because he was so
readie to charge him wth it. Likewise the testimonyes wch
came from the Baye were read, wherin it appeared that the
things charged by William Wooden and witnessed by John
Mascall were true in ye substanc, thoughe William Wooden
had spread them in a defameing slanderous waye, and taken
vpon him to saye that he would be banished, which was none
of his worke nor place to doe. Likewise James Hayward his
owne letter now produced, showes that he hath brought
an ill report vpon ye place, reporting things of it that were not
true. And by Goodman Pery and his wives testimoney vpon
oath appeares that he dealt not truely in his promises, but was
false harted towards their daughter, and that he was given to
disorderly drinking in ye Baye. And by Mr. Noris his wrighting it appeares that he had not caried things fairely wth him.
And Goodman Pery and his wives testimoney speakes to that
purpose allso. James was now asked what he had further to
saye, and why he denyed that to ye court wch he had written
in his letter. He sayd he knew not when he answered in
court that he had so written, wch the court knewe not how to
beleive. James confessed ther was more discovered by the
provident of God then he did expecte, wch yett did not excuse




1648]         NEW HAVEN COLONY RECORDS.            399
William Wooden in his slanderous course, wch the court
admitted, and as formerly, so now witnessed against him for
it. And William Wooden himselfe did acknowledge that the
manner of his reporting was scandalous, and that he was out
of his way when he sayd he would be banished, but he left
himselfe wth the court.
Both ptyes haveing spoken what they would in the case, the
court proceeded to sentence, and ordered that William
Wooden, for his miscariage in spreding the things in a slanderous way and determining banishment, wch was none of his
worke, paye the charges of ye court; and that James tHayward, for his owne sinn, beare his owne shame and charge he
hath bine at in sending and goeing into the Baye, wch falls
justly vpon him.
William Pecke, one of those intrusted to ouersee the estate
of Robert Preston deceased, desired to knowe if they might
not paye some debtes that are due out of the estate. The
court told him, so they paye nothing but what is justly due,
and what Robert Prestons estate maye beare, they maye.
A COURT HELD AT NEWHAVEN THE 5th OF SEPTEMBER 1648..John Vincon was complained of for want of aboute three
quartrs of a pound of bullitts, he sd he knew it not, and seeing he is now provided the court past it by wth 6d fine.
Mr. Ceffinch was complained of for comeing late one Lords
day wth his armes, & Jno Downe his man allso. For his man
he saith he was necessarily hindred from ye meetting. For
himself, he came in before Mr. Davenport, and others was late
allso, and instanced in Thom: Meekes, but for himselfe he
was fined 12d.
John Downe, Mr. Ceffinch his man, for absenc at a squadroll trayning was fined 2s 6d.
John Herreman was complained of for not bringing his
armes one Lords day. He said it was because he hath two
chilldren, and either his wife or he must staye from ye ordinances at home wth them, or elc he must bringe one of them




400            NEW HAVEN COLONY RECORDS.            [1648
and then cannot bring his armes, but ye court judged that
this was but a common excuse that many might make, and if
it should be attended the service would be neglected, therfore
agreed the he paye ye fine, wch is 5s.
Martin Tichener was complained of for comeing late wth
his armes one Lords day, & allso for want of suitable bullits
for his pec one viewing day; but because ye sariants note is
somewhat imperfect wch complaineth of these defects, it was
respited till next court.
Henry Gibbons was fined for late comeing one generall
trayning day (as himself confesseth,) 12d. And for late
comeing one squadron trayning 6d. And for not bringing his
armes to be viewed one morning to the sariants house as he
had warning to doe, 12d. In all 2s, 6d.
Henry Byshopp for want of some bullits & not being yett
provided, was fined 12d.
Peeter Browne for ye like was fined 12d.
[219]  11 The court was informed that Adam Nickholls came
late wth his armes one Lords day, but because it depended
somewhat vpon the corporalls witnes and he is not in court, it
was respited till the next court.
Thomas Meekes was complained of for comeing late wth his
armes one Lords day, he saith hee thinkes he was their before
exercise begane, but leaves himselfe wth the court, was fiind
12d. He was complained of for absenc at the generall trayning yesterday, he said he was not well, but it was said in court
that he was at worke, wch others tooke notice of and was
offended at it, for wch he was fined 5s.
Job Hall for want of some match & a worme was fined 12d.
Jeremiah Watts for want of some por & bullits was fined 2s.
Thomas Lampson being warned to this court for some defect
in his armes, appeared not, wch hath a show of contempt, &
therfore is to answer it at next court.
The marshall informed the court that lhe had demanded
the fine of Robert Basset wch was laid vpon him for his disorder, he refussed to paye & said he would have the matter
scanned ouer againe in ye court. The court ordered that he




1648]         NEW HAVEN COLONY RECORDS.            401
paye his fine betwixt this and ye next court, or elc make his
appearanc then & their to show the reason why he payes it not.
Mris Plume of Totokett and her solnn Samuell Plume
brought into ye court an invenltorie of the estate of Mr. John
Plume deceased, amounting to 3661: 09s: Old, prised by Robert Rose, Robert Abut & Lawranc Ward vpon oath the 4th of
Septembr, 1648.
Samuell Plume pleaded for a portion out of the estate, but
because the witnesses were not readie, it was respited, onely
Mris Plume said it was her husbands will that he should have
1001 & a note from Mr. Swaine signifyed as much.
Henry Bishop informed the court that he had, according to
the courts order ye last court, indeavored to gitt arbitrators to
issue the matter inll differene betwixt him & Mr. Davenport,
butt could'gitt none. He was asked whoe he spake wth to
doe it, he named Mr. Wakeman, Mr. Tuttill & Richard Milles.
The court thought they were fitt men & sent for Mr. Wakeman to desire him to take this vpon him, but he was not at
home.  Richard Milles being in court declared himselfe
vnwilling, but the court agreed that they must chuse some to
doe it, and appointed Mr. Wakeman & Richard Milles, two
weh Henry Bishop chose himselfe, and Mr. Crane & Francis
Newman chosen by Mr. Davenport. But Henry Bishop excepted against Mr. Crane to be an arbitrator in this buisenes;
he was asked the reason why; he said he told Mr. Davenport
that he should except against one of his men that he had
chosen, whervpon the marshall was sent to Mr. Davenport to
acquaint him wth it, whoe brought word againe that he wondered Henry Bishop should make exception against Mr. Crane,
seeing he hath bine in all the buisnes from the begiling and not
excepted against, but Henry Bishop was still called vpon to show
the cause of his exception, whoe answered if he must needs
show it he would, provided that what he speakes might not be
taken ill, for he was loath to speake it in open court; he was
told if it was such a private thiing as might not be spoken of,
lie might conceale it and onely declare it to Mr. Davenport,
whervpon the marshall & Henry Bishop were sent to Mr.
Davenport to declare his reason, whervpon Mr. Davenport
51




402           NEW HAVEN COLONY RECORDS.            [1648
came to the court and informed the court that the objection
Henry Bishop makes hath not the fore of a just exception in
it, for it doth not show any thing of vnfaithfullnes or partiallitie, for the thing was this. Mr. Crane gave his apprehension
in a case in question vpon the farine, what he thought the
doeing such a thing was worth, and now Henry Bishop saith
he can have it done by a workeman for a great deale less, and
yett he spake but his judgment and if an arbitrator may not
doe soe, to what end is their any? 2dly, Mr. Crane and
Francis Newman have stood arbitrators for him  above a
quarter of a yeare, and he accepted them but then would
not joyne others wth them, and for that he said he told Mr.
Davenport he would excepte against one of his men, it
was not a possetive exception, but vpon occaision of Mr.
Davenports words to him that he ye sd Henry Bishop must
chuse men wthout exception, he answered by way of retort
saying it may be he should except against one of his men, and
in ye issue it appeared that ye exception was in prising the
stubbing of the ground, in wch Francis Newman had a hand
as well and equall wth Mr. Crane, and therfore the exception
must lye against them both alike, nor doth it yett appeare that
the thing will be done as it ought to be to fullfill ye covenant
for so litle as Henry Bishop thinkes it will. It was propounded to the court wheither they judge the exception just wch!Henry Bishop makes, but the court declared themselues that
it is not just, & therfore Mr. Crane must stand an arbitrator
for Mr. Davenport. And the court ordered that these foure
men, vizd, Mr. Wakeman, Mr. Crane, Richard Milles & Francis Newman doe take the case into their hands and consider
of it, and, if they can to the satisfaction of Mr. Davenport and
Henry Bishop, issue it, if not then to informe themnselues so
fully that they luaye be able to informe ye court how it stands,
that they maye have what light they can further to proceede.
Mr. Pell was warned to this court and appeared; he was
told it was for two reasons, first to take the oath of fidellitie,
2dly, to paye in ye fine of 101 laid vpon him ye last court of
magistrats. He said for ye oath, he had taken it in England
and should not doe it heare; he was told no more is required




1648]         NEW HAVEN COLONY RECORDS.           403
of him then others doe, yett if he had any grounds against it
he might propound them, or elc if he would considr of it he
might. He said he desired to considr of it. For his fine of
101 he was asked if he had taken any order to paye it, he said
no. Mr. Goodyear said he hoped he would. Mr. Pell said
he knew not. He was asked ye reason, he said he should be
silent for he had given offenc heartofore wth speaking, but ye
court desired an answer, wheither he would paye or no, but
his answer was that he desired to be silent.
[220] II William Judson informed the court that aboute
this time twelue moneth he hired John Knight to be his servant whoe was then wth Francis Hall, haveing three weekes
to serve as he the sd Knight said; and he. gave him earnest
that he should come to him aboute 14 dayes after Michelltide,
and he expected him accordingly but he came not. He asked
Francis Hall why he came not, he said because he owed him
money. William Judson told Francis Hall that he would
paye his debte, yett Hall would not lett him come, wherfore
he desires the justice of the court.
John Knight saith that he agreed wth William Judson &
tooke earnest to serve him so soone as lie was free from Francis Hall.
Mr. Ling saith that he heard Jno Knight saye that if Goodman Judson would paye the money hee owed Francis Hall, he
was free from him.
Francis saith that he could prove that John Knight was to
doe him servic for the money he owed him, but his witnes was
not heare.
William Judson saith that Knight told him that he owed
Francis Hall something, but not service. Francis Hall was
asked how much Knight owed him now, he said he could not
tell justly, but he thought five or six pounds. Tile case standing as it doth, the court advised them to agree it themselues,
and in conclusion they both agreed that Francis Hall shall
keepe Knight a moneth longer, & that then he come to Goodman Judson, and thrat William Judson paye to Francis Hall
for Jno Knight what shall appeare to be justly due to him, in




404           NEW HAVEN COLONY RECORDS.           [1648
a convenient time according as the same shall appeare to be,
& that the charge of this prsent court be borne betwixt them.
The court declared themselues that whoesoeuer hath Jno
Knight must put in securitie that he shall be forthcomeing
when the court calls for him, & Francis Hall promised he
should be ready at ye courts call, elc he would answer for him
& be lyable to what sentelic the court should inflict vpon him
if he fayled hearof.
A GENERALL COURT THE 9th OF OCTOBER, 1648.
Jervic Boykin was admitted a member of this court and rec
ye freemans charge.
The Governer propounded to ye court to know what corse
they would take to prevent the damadge that is done in corne
& meddowes, for he heares great complaints; their are orders
in force, but wheither it was not necessarie to make some
stricter order aboute swine and fences, or that some other
course might be taken that these damadges might be prevented, and wheither they will debate the matter now or chuse a
committee to prepare the matter against another court; but
every one might now propound what way he thinkes of, that
if they chuse a comittee they maye consider it. The court
agreed & voted to chuse a committe to consider and prepare
the matter aginst another court. The committe chosen are,
the court, Mr. Tuttill, Mr. Gilbert, Mr. Robrt Newman, John
Copr, Jeremiah Whitnell, Henry Lendall, Mr. Wakeman, Jno
Gibbs, Thomas Powell, Robert Johnson, Leivtenant Seely,
Mathew Camfeild, Sam: Whithead, Jervic Boykin, Jno Tompson, William Davis, Jno Vincon, Mr. Gilbert, David Atwatter
for ye farmes. The towne was desired to informe those whom
they have chosen that all things maye be fully considered &
debated when the committee meets.
The court chose the Magistrats and deputies as a committe
to dispose of Oyster shell feild for common & publique advantage. Leivtenant Seely propounded for 5 or 6 acrs for a place
to shott at a marke vpon, wch is allso refered to ye same
committe.




1648]         NEW HAVEN COLONY RECORDS.           405
William Andrewes whoe keepes the ordinary, propounded
to ye court that he might have some helpe afforded him for
the better carying of it one. He was wished to acquailte ye
court wth what he desired; he said, first a convenient house
neare the watter side. 2dly, 1001 of provission laid in and
he would returne it againe to ye towne so soone as it pleased
God to inable him, wch was taken into consideration to be
prepared against another court.
The Governer acquainted the court that the commissioners
have ordered to commend it to ye severall generall courts,
that wampome should not be forced vpon any man for payment wch is not in some measure suitably stringed, & if any
stone wampom be prsented, it be broken.
A GENERALL COURT THE 18th OF OCTOBER, 1648.
Ephrahim  Penington and John Walker were admitted
members of this court and received the freernans charge.
Edward Parker & Jno Walker had libbertie to depart ye
court.
The Gouerner acquainted the court that the committee they
appointed the last court to consider aboute swine & fences
have mett & considered of them, wth the issue of weh consideration the court was acquainted, and after much debate it
was ppounded that to prevent damadge by swine & fences, a
publique pounder would be the best way, whoe should be
vnder oath to looke to all ye corne feilds in ye towne, to pound
hoggs & catle, & view ye fences, & warne men of their defective fences one a weeke, & the man most fitt for this trust and
imployment the court conceived was Jno Coppr; but ye
things being divers and weightie, and lecture time drawing
one & ye court of magistrats sitting in ye afternoone, it is
reffered to another court.




406          NEW HAVEN COLONY RECORDS.           [1648
[221]  A GENERALL COURT THE 30th OF OCTOBER', 1648.
John Cooppr was desired to acquainte the court wheither
he be willing to be a generall pounder for the towne. He answered yea, so that the towne would sett him in a way what
to doe & how he might be payde. Hewas desired to acquainte
the court what he desired, he sd iff he made it his whole imployment he could not doe it vnder 301 a yeare, but the court
thought not meete to laye forth so much yearly vpon this
worke, therfore it was propounded that he might spend two
dayes in a weeke to view all ye fences, & pound catle & swine,
& that for his paye he might have 2d vpon every acr of land
that is improved for come wthin ye two mile, and that he gitts
for pounding catle beside, wch was propounded to Jn~ Coppr
and he accepted it. Whervpon the court ordered that for ye
yeare to come John Coppr be publique pownder for ye towne,
to be vnder oath to view the fences aboute the corne feilds
belonging to ye towne wthin the two mile, one every weeke, if
no extraordinary providene hinder. The time for his view is
left to himselfe, so as maye be most for ye benifite of the severall. quarters, and to tell every mall whose fenc is defective
one every weeke, but if any man hath had warning of his fenc
to be defective, & it is not mended before the next weeke he
view againe, (their being a weekes time betwixt his view,) the
fine to be 12d for every post & length of rayles that is defective or downe, & 6d a time for Jno Coopprs comeing to tell
them, and if yet it be neglected it is counted a contempt and
they must answer it at the court; and what damadge comes
by it to be pd by ye owner of the fenc beside. And for his
paye the court ordered & he accepted, that he have 2d for
every acr of land wthin the two mile that is improved for
corne, house lotts or other, and what swine or catle he pounds
according to order, to have the poundage beside, wch is ordered to be 4d a beast as ox, steere, cow or calfe, & 12d a horse,
& for swine according to the order following; and thoughe
the swine or catle of any sort wch transgrese the order be not
pownded, but the owner told of them, they must paye as if
they were pounded.




1648]        NEW HAVEN COLONY RECORDS.              407
It was propounded and desired by divers that no swine
might be kept but what men will keepe vp in their yards, or
elc if they keepe them abroad, then at such a distanc as they
maye not doe damadge to cornefeilds or meddowes, and then to
goe vnder keepers; and that both at towne & at ye farmes;
and after much debate of the matter the court ordered, that
whosoever keepes swine in the woods must have keepers and
keepe them 8, 10, or 12 mile distanc from ye towne, that they
come not to doe damadge in cornefeilds or meddowes; and
they wch keepe swine in ye towne, or at the farmes, shall
keepe them vp in their yards, that they goe not forth to doe
damadge, vnder the penaltie of 12d apec for each default, &
the damadge beside. But if hoggs straye out into ye woods,
or gitt out of a mans yard into the street accidentally &
against his will, then the penaltie to be but 3d apec, to goe to
him that pounds them or brings them home. This order to
take place a moneth henc, till wch time the former order
stands in force.
The putting in catle into ye severall quarters is left to themselues to order.
It is ordered that if any man in his owne yard or ground
make a penn or yard to keepe swine in, if it be against his
neighbours fenc, he shall maintayne the fenc so farr as that
yard or penn reacheth, that his neighbour be not damnifyed
therby.
Jno Coppr desired that the pound might be removed to a
place neare his owne house, that it might be more convenient
for him  to pound swine or catle. The towne was rather
willing to make a new pound neare his house and he, the said
John Coppr, offered to sett vp one as bige as that wch is allreadie vp, (substantially & strong,) for 50s, wch the court
agreed to & was willing to allowe him.
The Governer propounded to the court that seeing what had
bine done concerning the absent lotts to dispose of them doth
not issue the thing, for though they was willing to abate part
of tile rates past & to vallew the fene as it is now worth, yett
men accepte not of them, wheither theirfore the will not
thlinke of soime other waye, either by themselues or by a




408           NEW HAVEN COLONY RECORDS.           [1648
comittee, to dispose of them. The court considered of it and
chose the magistrats, elders and deacons, and one out of each
quarter in the towne, vizd. Francis Newman, Mr. Crane,
William Andrewes, Jervic Boykine, John Polnderson, Mr. Gibbard, Richar Milles, Leivtenant Seely, Mathew Camfeild, as a
committee to whome the court gives full power to consider &
dispose of the absent lotts as they shall see cause.
Mr. Evanc propounded to the court that he might have
libbertie to make a wharfe aboute the pointe against Phillip
Leekes, and a bridg ouer tile creekes mouth their, so as they
might come to vnloade a boate at halSe tide.
Leivtenant Seely propounded allso that he might have libbertie to make a wharfe theraboute wher the shipp was built,
that they might vnloade a vessell at any time of ye tide. It
was allso propounded that a sluc might be made at the creekes
mouth against Phillip Leekes to keepe vp the watter, that so
they might wear a channel, and a wharfe built ther to vnloade
goods vpon drye at any time of ye tide. It was desired that a
comittee might be chosen to -whom they would reffer the consideration of these matters, to whome any that propound to
doe any such worke might repaire for resolution, and the court
chose the magistrats and deputies, Mr. Evanc, Leivtenant
Seely, Mr. Rudderford, Robert Martin, and they have libbertie
to call in any others yt they thinke may give ym light in these
matters.
The towne was desired to bring in their rates to ye treasurer
wth speed, ele they must looke to be warned to the court.
William Andrewes desired the court that they would provide some other to keepe the ordinary, elc furnish him wth
1001 and a convenient house. Mr. Evanc said that himselfe
& foure more would lend him 51 apec for three yeares freely,
wch was looked vpon as a kind offer, but that would not answer, and some proposition was made concerning John Herrimans keeping of it, and aboute the house was M' Lambertons,
vpon wch occaision it was reffered till Mr. Goodyeare came
home.
They which are to have land on ye east side were desired




1648]         NEW HAVEN COLONY RECORDS.             409
to bring in ther names whoe they are that they maye have it
laid out.
[222] 11 AMr. Robert Newman againe propounded to know
wheither the court was willing to exchange one third part of
the land belonging to ther quarters wthinl the 2 mile. The
court desired the committee before chosen to view that land
to view it againe, that they maye be fully informed & be able
to give light to the court whoe will considr it.
John Coppr is to begine to view & looke to the fences
prsently, and when he gives warning to any quarter that bee
will view the first time, they are to goe wth him, to show him
every man his fenc, & if they shall neglect, they shall paye 12d
a man.
It is ordered that this day fortnight waights & measures &
stillyards are to be viewed and tryecl by those whoe are appointed for that purpose, at the meeting-house, by 8 a clocke
in the morning. And betwixt this & then the marshall is to
goe aboute the towne to mens houses & take notice whoe have
waights & measures, & what, and give a noat to those appointed to view.
AT A- COURT HELD AT NEWHAUEN THE 7Tt OF TOUEMIBER, 1648.
Sariant Fowler complained that his squadron canme not to
trayne according to ye court order. Hee was asked if the
drume beate, he said no, thoughe the drumer knew his duty
and ought to attend the townes order, the court said it was
true, for he is a towne officer & vnder paye.
Robert Basset the drumer being in court answered, that he
was about the shipp worke, but was told that was no excuse,
he said the shipp worke freed other men and why not him,
but was told their was no ground for it, for he is an officer
vnder paye, and ought to have attended his worke, and if his
occaisons had called him from home he should have gone to
the sariant & intreated him to have gott another to drume.
He said he thought he should have had warning  from the
sariant, but was told it is not the sariants worke, but he should
doe his owne worke and attend it. The court witnessed
52




410               NEW  HAVEN  COLONY RECORDS.                    [1648
against this his neglect but past it by for this time, wthout a
fine, & allso freed the squadron.
Robert Basset was complained of for absenc at two generall
courts, he answered that ye reason was because he was imployed in druming to call the court together, & went but home to
breakefast & came againe presently, but the names were called
before he came.  The court considered his excuse & freed him.
He was advised that one squadron  dayes he beate the drume
aboute those squadrons that are to trayne that day.
The will of WVilliam  Ives deceased was presented in court,
made the 3th of Aprill, 1648, witnessed and vnderwritten by
Richard Mrilles & Rogger Allen, whoe now in court testify that
the said William  Ives was in a state fitt to make this will &
did make it.'
Allso the inventorie of the estate of the said  William  Ives
amounting to 98]: 04: 00d, prised by Richard Milles & Rogger
Allen vpon their oath, the 22th of September, 1648.t
William  Basset whoe is neare the mariage, (they being contracted,) of ye widdowe, was called to put in securitie to ye
court for the estate, that the chilldren of William  Ives maye
have their portions duely pd, according to ye generall courts
order, but he desired respite till ye next court weh the court
granted.
William Basset was complained of for absenc at the generall
trayning yesterday, he sd it was because he had some haye
wch did lye vpon the stroye, ther being many catle lying at it,
that if he had not fetched it that day it would have bine eaten
vp & spoyled, & he had indeavored to fetch it the weeke be-: Will of William Ives, made April 3d, 1648.
He makes his wife sole executrix and gives her the use of all his goods, house and
land for the bringing up of his small children-gives to his son John the house and
land at 21 years of age, to his three other children when they come to 20 years of age
one cow apiece or its value, to his wife the rest of his estate.
If the Lord should take away any of the daughters, then that portion shall fall to
the youngest son, and if the Lord should take away the eldest son, then it shall fall to
the youngest son at 21 years of age.
The mark of William Ives, witnessed by Richard Miles, Roger Allen.
f In the margin, " ye 4th] Septem. 1649. Rich. Miles & Roger Allen confirmed vpon
oath what they before testifyed concerning William Ives his will, and ye 6t1 of Novm.
1649, the executrix tooke oath yt to ye best of her light ye inventorie prsented is a true
invent. of her deceased husbands estate."




1648]           NEW  HAVEN COLONY RECORDS.                    411
fore, but it was so wett that he could not; the haye was scarse
worth the fetching, but his necessitie required it for preserving
his catle, wch things the court considering, past it by wthout
fine.
John Nash was complained of for absenc at a generall court
the 9th of October, he sd he had lost a cow vpon the last day
before, and was faine to goe seeke her, & as soone as he came
home he came to ye court, wch ye court accepted & past it by.
Mr. Ling was fined 12d for absenc at a generall court.
Mr. Lilig, Mathias Hitchcocke, Jno Wakefeild, Henry Carter, Joseph Nash, Mathew Row, Edward Keely, Joseph Pecke,
Nickholas Elsy, all was too late in comeing to trayning yesterday in the afternoone, but they said they was their before the
bodye moved, wch as the capt' said was longer before it moved
then it vsed to be, yett because it hath bine ye vsiall course to
count no man late till ye bodey hath bine removed, the court
past it by for this time.
Sariant Andrewes was complained of for absenc at trayning
yesterday, he answered he was constrayned by his occaisions to
goe to Milford to end a buisines wch should ele have come to
this court, wch was waightie as the governer knowes.  Mr.
Evanc should have gone the sixt day last to have ended it for
him but was prevented, so that he had no day but yesterday
to goe.  The governer said he knew  the buisines and it was
waightie.  The court considered the case & past it by, but
advised  Sariant Andrewes to  attend trayning carefully for
time to come.
William  Gibbons was complained of for absenec at two generall courts, for the first of them he saith he will paye the fine,
for the other he was not well & could not come, wherfore the
court past it by.
The will of Anthony Tlom pson' deceased was presented in
"A weighting presented in court, for the last Will and Testament of Anthony
Tompson deceased, made March 23d, 1647."
Gives to his eldest son his inheritance, house and land andl meadow he had given
him by the Town, (only the house, his wife is to have during her life,) and ten pounds
when he comes to eighteen years of age. To his second son, Anthony, the land and
meadow he bought of brother Clarke, and ten pounds to be paid him when he comes
to the age of twenty-one years. To his daughter Bridget, what he had by his former
wife and fifteen pounds, to be paid her at the age of eighteen years, provided that she




412            NEW  HAVEN COLONY RECORDS.                     [1648
court, made the 23th of March, 1647, witnessed and vnderwritten by Mr. John Davenport, pastor, & Mr. Robrt Newman,
ruling elder of the church of Newhaven.
Likewise the inventorie of the estate of the said Anthony
Tompson, amounting to 2361: 18s: 10d, prised the 26th of
September, 1648, by Richard  Milles, Mathew  Camfeild &
William  Tompson vpon ther  oath.  And,     Tompson
the widdowe of the deceased called to put in securitie for the
chilldrens portions, but because ye court would not put her
vpon it suddenly, they reffered it to ye next court.
William  Basset paseth ouer to Mathew Camfeild two acrs
of meddow, one aer of it lying in the west meddow one this
side the river betweene the Imeddowe of Richard Osborne &
Thomas Knowles, and the other acr lying in sollatarie cove,
& 8. adcs of vpland in the subverbes quarter, on this sid ye
West River.
Henry Loyne was complained of for absenc at a generall
trayning, but Air. Crane desired that it might be respited till
next court, wch was granted.
[223]  f1 John Benham  was complained of for being absenc
two generall trayning dayes.  Hee answered that the first of
them  he was their in the morning, and after he had answered
to his name, newes came that ther was many oxen in his come,
he went to Mr. Goodyeare and desired to be excused but he
refussed, so he was forced to goe to save his come; he wasasked if he came againe, he said no because vpon the last day
before he left a cart wth haye wch stoode aboute the necke hill
in hazard & lie went to looke after that; for the other day,
dispose of herself in marriage with the consent and approbation of her mother and
the elders of the church then being.
The remainder of his estate to his wife; if she marry again his other daughters to be
provided for with equal portions as his other daughter hath, with the advice of the
elders then being.
To his brothers William and John Tompson, each ten shillings as a testimony of his
brotherly love.
His wife is made sole executrix.
John Davenport and Robert Newman certified that this writing was his nuncupative will. Presented to the court of Magistrates the 27th of May, 1650, not allowed as a
legal will, but it was ordered that the wife of the said Anthony Tompson should administer upon the estate, according to the particulars in this writing contained, per
Francis Newman, Secret.




1648]        NEW HAVEN COLONY RECORDS.              413
his corn was gathered & laye in hazard of being eaten vp & he
was faine to goe gett it home, the weeke before being wett
that he could not, yett he went to ye captaine & company to
giv him libbertie, but they left it to ye court. For ye former
day the court past it by wholly, and for ye latter ordered that
he paye halfe ye fine for absenc wch is 2s: 6d.
Beniamen Willmott was complained of for absenc one
trayning day and for late comeing another trayning day. He
said his absenc was because he had haye that laye vpon the
spoyle, ptly by the tide & ptly by the raine, & if ther had
come more wett before it was stirred, it might haue bine quite
spoyled, & that day being faire he went to looke to it. For his
late comeing he knowes not, but if it was too late it was very
litle, but he submitts to the court. The court told him it was
many mens case then to have haye lye vpon spoyle by wett,
wch attended the trayning; the court for his late comeing
ordered him to paye the fine weh is 12d, & for his absenc that
he paye halfe ye fine wch is 2s: 6d.
Mr. Goodanhousen & Mr. Westerhousen by Mr. Evanc
made a request to the court that the bond wherin they stand
bound to the court in 1000 gilders for the three prisoners that
runn awaye to the Dutch, might be remitted, but was told
that because it was done, thoughe in this court, yett wth the
assistant of two other magistrats, it must be reffered till a
court of magistrats, or till two magistrats sitt heare wth this
court.
James Till was warned to this court to attend aboute an
action to be tryed betwixt Richard Pery & Jno IMegs, but appeared not, wch the court looked vpon as a contempt wch he
is to answer for the next court.
The court ordered an attachment vpon Jno Meggs his corn,
vizd, 10 bushell of wheat, and that it be not removed out of
Mr. Perys barne till ye differenc weh is betwixt them concerning the barne be ended, and what Mr. Pery owes Jno Meges
he must paye.




414              NEW  HAVEN COLONY RECORDS.                 [1648
A  GENERALL COURT THE 20th OF NOUEMBER, 1648.
The Governer acquainted the court wth & read a letter wch
he had received from  ye committee of both houses of parliment.*
The Governer informed the court that the committee appointed to dispose of the absent lotts have mett twice and
considered of them, & thinke meete that the rates past be
forborne, & the fenc pd for as it is now  worth, & the first
survaye, and that if any to whom any part of them  is disposed
of shall wthin five yeares remove out of the towne, then they
shall returne the land backe againe to the towne, therfore
those that find themselues straitened maye give in their
names, that so men maye be accommodated so farr as the land
will beare.
Mr. Evanc, Mr. Yale, Mr. Atwater had libbertie to depart
the court, & Robrt Basset & Mr. Auger.
Mathew  Camfeild came late, but the court past it by because he was forced to goe looke after some catle.
The court was informed that the order made last court concerning keeping vp swine was much objected against & taken
ill by divers in the towne, whervpon it was againe propounded
to the court if they would alter it, but the court would not
but confirmed it for a yeare.
The marshall complained that Goodwife Lampson was very
troubelsom  to his family, and she had bine long at his house,
and sees litle amendment &  desired he might be freed from
this trouble, whervpon the court wished Thomas Lampson to
take her home or elc gitt another place wher she might be
kept & looked too.
It is ordered thlat every quarter, or quarters that lye together, shall, wthin  the compase of a weeke after this court,
4 This letter is referred to in " New Haven case stated," and was " for freeing the
several distinct colonies of New England from molestation by the appealing of troublesome spirits unto England, whereby they declared that they had dismissed all causes
depending before them from New England, and that they advised all inhabitants to
submit to their respective governments there established, and to acquiesce when their
causes shall be there heard and determined." The letter was signed by Pembroke,
W. Say and Seale, Mainchester, Fr. Dacre, &c., Warwick, Denbigh,




1648]         NEW HAVEN COLONY RECORDS.               415
meete together and setle & marke the fenc so that the viewer
maye know every mans fenc wthout further trouble, and for
neglecte hearof, the quarter or quartrs shall paye 20s, vnless
they can laye it vpon some pticular man or men, for his or
their stubbornnese or refractaryness, wv]1 the pticular court
shall judge of.
John Hall, William Paine, Williamn Holt, Nathaniel MIeriman, Henry Morrell, desire to have their land on ye east sid,
betwixt the red rocke & Mr. Davenports farme, & the-court
ordred that it should be laid out together that they maye plant.
John Coppr tooke oath to be faithfull in the trust committed
to lim in viewing fences and pounding catle, according to ye
courts order, wthout partialitie or respect of psons.
A COURT HELD AT NEWHAVYEN THE 5th OF DECEMIBER, 1648.
Henry Peck was complained of for absenc at a generall
court, lie said his wife was sick and that was the cause, vponl
wch consideration he was excused.
Robert Pigg was complained of for absenec at a generall
court, he sayd that it was a wett morning that the drume could
not beat aboute towne & he heard it not, but he came as soone
as he thought it was time, whervpon he was excused.
Richard Pery declareth that wheras the last court their was
an attachment laide vpon teln bushells of the wheat of Jn1o
Megs wch laye in his, the said Richard Perys barne, and not
to be removed out of the barne till ye rent of ye barne was
satisfyed for to the sd Richard Pery, yett contrarie to this he,
ye sd Jno Megs, hath removed and disposed of the wheate.
[224]  11 John Meggs answered that he thought their should
have bine an actuall attachment laid vpon the come, therfore
he fetched some of it home and thought their would have bine
twenty bushels more, & so disposed of three bushells more,
that when they came to winowe, their proved but aboute 7
bushells, and he hath indeavored to gett come to make it vp
but could not. The court told him they wondered at his excuse and it offended them much, to saye their was not an




416           NEW HAVEN COLONY RECORDS.            [1648
actuall attachment when the court layd it themselues and
needed not to send any officer to doe it. Further the governer informed the court that Jn-11 Megs was wth him and complained that the boggs came into the barne and spoyled his
come, & it would not be safe to leave so much come their
threshed.  The governer told him that he might therfore
leave it at Mr. Perys house as he threshed it, but he objected
against that, therfore was told he might leave it wth the
treasurer, but he did neither, but contrarie to all order caryes
the come away & disposeth of pt of it, which cariage the
court looked vpon as contemptuous in John Megs against the
court, and should after deale wth him for it.
Further the plantiffe declares that their was an agreement
betwixt his wife & James Till, servant to John Meggs, for
one pt of his barne, for ye rent of wch he was to have wheat,
and for the vallew they both reffered it to his father, Mr. Malbon. James Till was called, whoe saith that hee being servant to Goodman Meggs, went to Mlri Pery & desired she
would lett him her barne, she saide not all, he sayd then halfe,
she sayd yea, she said she must have come for it, he sayd she
should, she said not rye, he said no but wheat and good wheat,
she said she knew not the pric but would reffere it to her
father, to wch he agreed, so he hired halfe the barne & half
ye leantoo on ye side; notwthstanding this agreement, the
plant pleads that the defendant will not paye him come but
saith though he promised to- satisfy, yett not in come.
John Meggs answered that his man tooke it before before he
knew of it, but after Mris Pery came to him (vnderstanding
James was his man,) and asked him if he would see the rent
for the barn payd, he asked her what it was, she said she could
not tell, he asked what it was lett for last yeare, she sayd she
could not tell, he sayd what she had last yeare he would give
her this yeare, wth wch she was satisfyed. After this Miris Pery
came for shooes, both to make & mend, and had what she
desired, she said she had no wampom, he said it was no matter, it should goe towards the rent of the barne & she was
satisfyed, and Mr. Pery, after he came home, came for a paire
of shooes & had them, but said he had no wampom; he, ye




1648]         NEW HAVEN COLONY RECORDS.              417
sd Jno Megs, answered it was no matter, it should goe towards the rent of the barne, and he objected not against it,
and they neter spake of come but one time when they was
dressing, Mris Pery said, Goodmnan Megs, can yow spare me
any wheat, he said no, she sayd James promised come for the
barne, he said he had none to spare.
Mris Pery said she knew not of any such bargaine betwixt
Goodman Meggs & her, either for the rent or for the paye.
Wherfore Jno Megs was called to make proofe of these
things, first that the rent was to be as it was lett the last yeare,
secondly that they was content to take other paye yll corn.
Goodwife Meggs testifyeth vpon oath that her husband asked
Mris Pery what the rent of the barne was, she said she could
not tell, he said to her, looke what others pd last yeare he was
willing to give, & DMris Pery said well, well, seeming to be satisfyed. Further this deponent saith that Mris Pery was willing to to take the shooes she had in pt of payement for the rent
of the barne, and that Mr. Pery had afterward a paire of
shooes for himselfe & was willing, to her apprehension, to take
them vpon ye barne accoJohn Hall servant to Jno Megs testifyeth vpon oath that
Mris Pery had a paire of shooes of his master & said she had
no money at that time aboute her. Jno Megs said it should
goe in pt of payement for the barne, she said well, well, seeming to be willing that it should be so.
William Hooke testifyeth vpon oath that Mr. Pery came to
Goodman Meges for a paire of shooes, he said he had no wanpome to paye at prsent, Goodman Megs said lett them goe in
pt of the barne, Mr. Pery said well, well, & went away seeming to be content & yeilding a full consent, in his apprehension.
John Megs was called to show what the barne was lett for
the last yeare, but could not, whervpon the court was informed that Thomas Wheeler senior, whoe hired that part the
last yeare, could informe, whoe was sent for & cam, & testifyed to ye court that he hired that pt of the barne last yeare
wch John Megs hath this yeare & agreed wth Mr. Pery and
pd him for it seaven bushells of wheat.
53




418            NEW HAVEN COLONY RECORDS.            [1648
Richard Pery saith further that the shooes he had of Jno
Megs is prised'too deare, he asked 4s 6d for shooes that he had
better of another for 3s 6d.
The sentenc of the court is that the shooes Mr. Pery hath
had of Jno~ Aegs, being duely vallewed by Leivtenant Seely &
Thomas Beament, be deducted, the rest to be pd to Mr. Pery
in wheat, after the rate of seaven bushell for the whole, and
that the charges of the court be borne equally betwixt them.
And for the contemptuous cariage of John Meggs to the court
in refussing to fullfill their order in the attachment laid vpon
the come the court fined him XXS.
WTiddow Tompson was called to put in securitie for her
childrens portions, but she not being fit it was respited.
William Pecke was complained of for absene at a generall
court, he answered he was not well to come, whervpon the
court past it by.
William Baset was called to put in securitie for ye portions
of his wives chilldren, but it was respited.
James Till was warned to this court to answer for his contempt in not appearing the last court; he saith that he
acknowledges he was served wth a warrant to appeare at the
last court but did not, but haveing a lighter load of haye to
empty went about that, wthout asking leave of any magistrate.
Thomas Barnes informed the court that he served a warrant vpon James Till two or three monethes sinc, but he could
not gitt him to appeare, but hath allway shifted him  of one
way or other, but this he hath to inform the court against
[225] Ilhim, that he, the said James, stole a sithe wch he
left in the feild, taking it of from the snath and vseing it as
his owne, wch charge James Till owneth & acknowledgeth it
to be true, and that he had slandered Thomas Barnes by
reporting that he did but take his sithe as he, ye said Barnes,
had taken a grubbing axe of his, whenas Thomas Barnes had
borrowed the axe of James Till as he now confesseth.  Allso
Mr. Gibbardcl, the treasurer, informed the court that James
Till found a dead woolfe in the woodes, & cut of the head and
brought it to him to be payde for it, saying he had killed it by




1648]         NEW HAVEN COLONY RECORDS.            419
setting a gunn, and gott a nloate of him to receive 15s for it
& therin by lying deceived the towne whose order is that those
that kill woolfes, (& not find them dead,) should be pd for
them, wch lying and cheatting James Till could not denye.
The sentenc of the court is that for his contempt of the
court in not obeying the warrants served, he paye 40s fine to
the towne, for the sith that he make double restetution, ye sith
being vallewed at 4s, for his lying, cheatting and slahdering
that he be severly whipped, and the he acknowledg the wronge
he hath done to Thomas Barnes in slandering of him, & that
he sitt in ye stockes as long as the weather will pmitt wth respecte of mercy to him, thall that pass by maye see what manner of pson he is.
Jno Coppr informed the court that. their is a great deale of
fenc lye downe about Mr. Evanc hs farme, belonging to divers
men wch have hired the land. The court ordred that it be
made vp wth speed.
Jno Coppr complained that having pounded 3 mares of
Robert Pigs, he could not gitt his paye because the fene is
downe. The court ordered that Robert Pig paye John Coppr,
and after seeke his remedy of the fenc that is downe.
Mr. Malbon desired the help of the court in a differene
betwixt Mr. Evanc, Mr. Goodanhousen and himselfe, concerning a horse that he, the sd Mr. Malbon, bought and after sold
to Mr. Goodanhousen.  The case was this: Mr. Malbon
bought a horse of Goodman Ford of Windsore, to be pd in
merchantable wampome vpon demand, but if in his jurney
from Connecticote to Newhaven he liked not the horse, he
was to paye Goodman Ford 6s 8d for his jurney & send ye
horse againe. After Mr. Malbon came home he liked the
horse & intended to send him to the Barbadoes, but he was too
bigg to goe in ye vessell; Mr. Evanc desired to haue the
horse, Mr. Ialabon was willing and told him the termes of
payement, he said he would paye it, but after a litle consideration refussed him, so then the horse was sold to Mr. Goodanhousen for such paye, to be pd to Goodman Ford vpon demand.
Goodman Ford sent onc and had it not, after sent againe by
Goodman Meggott; Mr. Goodanhousen proffered him beavor




420           NEW HAVEN COLONY RECORDS.          [1648
but they could not agree vpon termes, so he went away vnpayde. Mr. Westerhousen sayd that vpon Mr. Goodanhousen
desire he offered to paye Goodman Ford at Connecticote in
commodities, but he refussed them, (this was in August last.)
Mr. Westerhousen then told him that if he went to Newhaven
his man should paye him in wampome according to agreement, so he came to Newhaven in the midle of Septeffi next
to the faire, but never called for the wampom though it laye
readie. After Mr. Westerhousen asked him the reason, he
answered because now lie required damages for want of his
money.
The court considered the prmises, and ordered that Mr.
Westerhousen paye to Mr. Malbon for Goodman Ford, eleaven
pounds in merchantable wampom, and for the damadges it is
reffered to be considered afterward, the charges of the court
to be borne by Mr. Westerhousen or Mr. Goodanhousen.
Mr. Pell being ordered by the last court of magistrats to
attend this court, & being a fine of twenty shillings then laid
vpon him, appeared not, but Mr. Leach being in court said he
was ordered by Mr. Pell to informe the court that it was
against his judgment to take an oath, therfore could not doe it;
he was asked if Mr. Pell sent the fine of twenty shillings by
him, he said no, therfore it was looked vpon as a contempt in
Mr. Pell.
William Judson desired libbertie to send John Knight out
of the jurisdiction, the court told him he might if he would
vudertake to have him heare by tomorrow senit, but yt, he said,
would not suit his occaisions, therfore he would not send him.
John Meggs became suertie for James Till, & binds himselfe
in 101 to deliver him at the prison to the marshall tomorrowe
morning.
Sariant M-unson informed the court that he was aboute 3 or
4 monthes sine accused in this court by Captaine Malbon that
he had vpon a trayning day come to the company & taken
awaye some men & said he would answer it, but the thing was
not true. But the thing was this, Mr. Davenports sellar was
to be stoned, & the massons had appoynted to come to worke
on the second day from Guilford, wch was trayning day hear,




1648]        NEW HAVEN COLONY RECORDS.             421
Mr. Davenport spake to him to gitt helpe, & come & vndersett
the house, & prepare it so that the men might goe to worke
when they came. He told Mr. Davenport it was trayning day,
therfore would have done it vpon the last day before, but Mr.
Davenport was not willing to haue his house lye open vpon
the Saboth day, but said, lett him gett men and he would
freely paye the fines if the towne required it, so he spake to
two or three before whoe helped him in the worke, but he
came not at the company that morning.
Mr. Malbon answered that he cannot name the pticular
pson that told him, but he was sure he was told so, & when
the company came to his house for the cullars, their was
much stirr in the company about it & they was offended at it,
insomuch as some said if this was put vp they would trayne
no more. That their was a great stirr in the company aboute
it, Leivtenant Seely, Ensign Newman & the clarke & others do
witnes, but that Sariant Munson was at the company that
morning they cannot saye.
The court told Sariant Munson that it seemes their was
some mistake in the buisenes, but had he caried it so highly
as to take men away and saye he would answer it, they should
have bine much offended at it.
Mr. Evanc, atturney for Phillip Galpin, informed the court
that aboute a yeare agoe Mr. Pell, as Mr. Leach his agent,
was ordered by this court to paye to Phillip Galpine, or elc to
the treasurer, a certayne some of money due from Mr. Leach
to Nathaniell Drapr for wages in his servic, and given by will
by Nathaniel Drapr to the said Phillip Galpine, wch is not
payde, & now Mr. Leach himselfe being prsent refuseth.
Mr. Leach was called to show the reason he pd it not, he
answered that he had payde it allreadie to Mr. Sellicke in the
Baye, & it was given him by another will of Nathaniel Draprs
made after this will wherin it is given to. Phillip Galpine, as
appeares by the oath of one Goodwife Tillson of Vergenia,
now prsented in court.
Mr. Evanc saith that this Goodwife-Tillson whoe is the witnes is a ptye, & had a part of Nathaniel Drapprs estate, 51 at
least, as Mr. Sellicke acknowledgeth, and he desired libbertie




422          NEW HAVEN COLONY RECORDS.              [1648
of the court till Aprill next to bring in oath of the trueth of
it, wch was granted:
[226]  I[ The court required that the money be pd according
to order.  Mr. Leach desired that he might not pt wth any
more, seeing he had paide it allreadie, wch the court was willinllg to forbeare, provided he put in securitie, and he ingageth
himselfe, the house & home lott, and six acrs of land he bought
of Thomas Kimberly, for the money, wch is aboute eleven
pounds.
Mr. Evanc declared to the court that according to the court
of magistrats order and his ingagment, he now prsented Jeremiah How to the court & hoped he should be freed from his
ingagment.
The Governer told Jeremiah How that he heard sine the
court of magistrats that he went to Mr. Goodyeare to have
the irons taken of, but he refused, and that he told the marshall beforehand that if the prisoners escaped it was not his
best way to deliver the letter, so that it seemnes he thought
beforehand what to doe. Jeremiah How answered that Mr.
Goodyeer being at watter-side, he asked him if the irons
might not be taken of, & for the not delivering the letter,
those words was occaisioned by the marshall, for when he
brought the letter, Mr. Kitchell of Guilford was by, and Jeremiah How said that the letter might be a snare to him, to
deliver it if the prisoner should escape, and the marshall said
againe he hoped he had more witt.  The marshall acknowledgeth that he spake words to that purpose, for wch he was
reproofed, but saith that they was first occaisioned by Jeremiah How, but Jeremiah acknowledgeth that in his hart, out
of a foolish pitty to ye man, he was willing to his escape.
The governer told Jeremiahl How that he had deneyed this,
he answered that he remembers it not, lie desired to have
favour showne him in his fine, but for that the court reffered
it to ye court of magistrats.
John Moss atturney for John Charles declared to the court
that aboute three yeares sine or more, Jno Charles sold vnto
$ The prisoner, James Turner, was a filgitive from the Dutch. See appendix Q. R.




1648]         NEW HAVEN COLONY RECORDS.             423
Jno Megs a certaine quantitie of hides, to the vallew of aboute
fourty pounds, to be paide for them the next Michellmas following, but cannot gett his paye for them to this day, therfore
desires the justic of the court.
John Meggs answered that hle bought 26 or 27 hides of
John Charles, and he was to paye for them when they were
tanned, wch hath not bine till now, & now he intends to paye.
The plantiffe replyed that the tanner saith that some of Jno
Charles his hides, & yt the best of them, hath bine tanned long
sine & fetched awaye by Jno Megs, and that these wch now
Jno Megs saith are Jno Charles his hides are the last of a 100
hides woh were a tanning, of wch Jno Charles his hides were
but a part; but it appeared that the matter was not readie for
tryall, the plant' wanting some witnes wch maye give light in
the case, and the defendant deneying what is alleadged. The
court referecd it, but in the meane time ordered that if Jno
Megs can put in securitie in leather for 401, wch is to be laid
at M. Gilberts, & pd for to Jno Charles as it is fetched away,
and damage beside for the tinle it hath bine due sinc Jno
Charles went into the Baye, or if he have not leather inoughe,
if M. Gilbert, whom Jno Megs propounds will be bound for ye
rest so that the debt may be secured, that then Jno Megs
have the leather in question, if not, that then the leather be
attached & not medled wth till Jno Charles come home, which
his wife thinkes will be next weeke.
Mr. Malbon informed the court that aboute 3 yeeres sine
Edmund Tooley showed him a note vnder Jno Dillinghams
hand, wherin Jno Dillingham testifyeth that Lawrane Watts
told him that if he dyed before Edmund Tooley he would give
the sd Edmund his estate.
A GENERALL COURT THE 3th OF JANUARY, 1648.
The Gouerner informed the court that the deputies whom
they appointed to looke to their publique workes for the towne
have called workemnen together & considered this meetinghouse & find that three of the pillars are rotten & should be




424           NEW HAVEN COLONY RECORDS.           [1648
supplyed wth new ones, allso ye groundsells are rotten &
needes new ons, beside the raine beates in at the sides and
needes to be clapboarded; they have allso considered wth them
of the charge, & find, as by a noate given in by the workemen
appeares, that it will be above 801, beside some other charges
of ropes, vnderpining the groundsells, & worke aboute the
seates, & what elc they cannot foresee. Now the charge being
so great, they were willing to advise wth the towne aboute it,
to know wheither they will have these things done, and how
they can pride paye to discharge it.
It was propounded by some wheither it might not be forborne another yeare, the workmen were desired to speake &
informe the court. William Andrewes said that he thought
it was not safe to defer it another yeare, and Thomas Munson
said that he durst not give counsell to deffer the repairing of
it. Jn~ Basset propounded some other way how it might be
done and not take awaye these pillares.to put new in, & allso
for less charge, whervpon the court ordered that the workemeih doe againe meete, vizd, William Andrewes, Thomas Munson, Jervic Boykin, Jno Bassett, Robert Bassett & George
Laremore, Jonathan Marsh & Thomas Moris, & that Jno
Wakefeild keepe the mill till Geo: Laremore attend this meeting & be pd by ye towne for it. The workemen are to consider wheither the house maye staye safely another yeare
wthout repaires, if not then how it maye be best done for most
safty to the towne and least charge, allso wheither the tower
& turrett maye safely stand and will not in a short time decaye the house, and if taken downe, then what will be the
charge of that and to make the roofe tight & comely againe,
and when these things are prepared ther maye be another
court.
It was desired that if any in the court knew of any place
wher their was good trees for clapboards, they would informe
that they might be for the townes vse. Sariant Fowler a
Phillip Leeke spake of some they knew of, and Sariant Andrewes was ordered to goe along wth them or any other that
knowes of any, & sett the townes marke vpon such trees as are
fitt for the townes vse, that no bodey ele may medle wth them.




1648]         NEW HAVEN COLONY RECORDS.             425
It is ordered that the court wth Mr. Evanc & AM. Wakeman
audit the treasurers acco for ye yeere past.
The governer informed the court that a while sinc the pticular court was informed of a miscariage of Sariant Munsons,
that hee came to the company & tooke awaye some men vpon
a trayning day morning to goe to worke to Mr. Davenports &
said he would answer it, but he saith the thing was not so,
therfore if any in the towne can charge it vpon him they are
desired to speake, if not that then he maye be cleared & men
be more warey how they expresse themselues, but none spake
to charge him but rather to cleare him & so it was past by.
It was desired that all that have a desire to have any of ye
absent lotts would give in their names to ye secretarie & what
they doe desire & where.
[227]  11 It was propounded that some course might be setled
about an ordinarie, William Andrewes said he was vnprovided
& vnless the towne afforded him help he could not keepe it.
It was then said that Jno Hierriman hath bine propounded and
is willing, whervpon the court ordered that Jno Herriman and
his -wife keepe the ordinary for this towne till the court see
cause to alter it.
William Andrewes was asked if he desired any time to
keepe it still to clear things of his hand, he said no, but onely
libbertie to drawe a pipe of wine wch he is to have of Mr.
Westerhousen, wch the court granted.
John Harriman was asked if he had not drawne wine
wthout order. Mr. Goodyeare said that they had for him
drawne wine for the seamen wthout order, but he submitts to
the court.
The towne was informed that next second day it is appointed that armes shall be viewed heare at the meeting-house,
therfor the was wished to make their appearance.
A GENERALL COURT THE 8th OF JANUARY, 1648.
The workemen that were desired last court to view the
meeting-house & consider of the best way how it might be
54




426           NEW HAVEN COLONY RECORDS.           [1648
repaired for ye supporting of it, William Andrewes spake for
himselfe and the rest & said, that they conceived that the best
way was to put in some halfe pillars, wth a crose beam and
braces wch should vphold the roofe and strengthen the house,
and so lett the old pillars stand still. It was propounded by
some whether the putting in of new pillars would not be as
cheape and better, whervpon the workemen considered of it
againe, and againe delivered ther judgments that the best way
to doe it was wth halfe pillars and lett these as be vp stand,
whervpon the court ordered that it should be so done. The
court desired to know what the charge would be, William
Andrewes said they had considered of it & thought that beside
the stoning vnder the old pillars, they stoning vnder the new
worke they now sett vp, the charge would be 201.
The treasurer propounded that Aprill rate might be paid
beforehand, but the court was not willing till the former
treasurers accots was audited.
William Jeanes was freed from the court to goe to mill for
the townes ocasions.
Robert Hill propounded to the court that he might be freed
from trayning, but the court thought it not meete, but ordered
that he attend traynings as others doe till some further weakness appeare vpon him.
It was propounded that wampome wch is not goode might
goe at 7 a penny and that wch is good tradeing wampome at 6
a penny, but it was respited to further consideration.
John Cooppr acquainted the court that he finds great difficultie in viewing fences, because some are gone out of towne
& others a goeing, & leave none to take order aboute their
fences, (and the treasurer added, nor aboute payeing rates,)
wherby great damadge comes, and he knowes not whether to
goe to have it helped; ther was mentioned Thomas Fugills
lott, Job Hall, John Gregory, Samuell Willson, Thomas James
& some of Millford. The court thought it worthy of consideration, and ordered the marshall to warne Jobe Hall & Samuell Willson to come before the governer that some order
might be taken wth them before they goe, and the secretarie
had order to wright to Thom: James & Jno Gregory & those




1648]         NEW HAVEN COLONY RECORDS.              427
of Milford that haue lotts heare, to come & take order aboute
ther fences & rates. William Bradley was to be warned to
come & speake wth the governer aboute Abraham Smiths lott,
and Allen Ball being prsent said for Thomas Fugills lott Mr.
Evanc had order about that.
A GENERALL COURT THE 31th1 OF JANUARY, 1648.
The Governer acquainted the court that the comitte they
appointed to dispose of the absent lotts have done it, and now
(though they left it wholly to the comitte,) they thought good
to acquaint the towne wth what was done, that it might be
entred vpon their heads whoe accept it & rates pd accordingly,
& that for the outland of the second devission & the meddow
of M. Roes lott & Mris Eldreds, it is not disposed of, but the
comitte thinkes to dispose of it to men fitt for farmes to gett
come and breed catle for the publique goode. A note how
the land was disposed of was read to the court and approved,
& ye termes it is granted vpon is in fo: 223.
Phillip Leeke said he accepted not of the six acrs allotted to
him out of Mris Eldreds lott, and Joseph Nash refussed three
acrs granted to him ther. Andrew Loe desired the 6 acrs
Phillip Leeke refused, and Jno Vincon the three acrs Joseph
Nash refussed, and the court granted them ther desire in it.
The Governer acquainted the court that he heares notwthstanding the order aboute fences, men take not care to doe
what they might to keepe them vp so as to keepe catle out of
the come, whervpon the court ordred as a confirmation of
their former order, that those wch haue had ther fence defective before this time be warned to the next court, & if it be not
sufficiently mended before ye next court following, that then
they be againe warned to ye court & a more severe fine laid
vpon them for such neglect.
Mathew Camfeild desired the court would grant him a small
pec of meddow wch lyes at heither end of the west meddow,
ouer against the oyster bankes, aboute two or three acrs.
Richard Beech desired a small pee of meddow in a cove on




428           NEW HAVEN COLONY RECORDS.          [1648
ye west side next his owne, but it was said in ye court that it
is lotted out allreadie.
Thomas Munson, Jno Basset, Robert Basset, William Peck,
Thomas Mitchell'desired they might have some meddow
granted them out of a pee wch lyes by Livtenant Seelyes,
neare ye blacke rocke.
Richard Milles desired that he might have his meddowe
wclh lyes in sollatary cove exchanged for so much in Oyster
River.
Leivtenant Seely and Jno Brocket were desired to view
these severall pcells of meddow and report to the court how
they find them; they are to be pd for their paines by them wch
shall haue the meddow granted to them.
[228]  Ii Mr. Crane desired the court would consider some
course that good bulls might be bred and they wch breed them
might have just consideration for them; the towne was desired
to consider & prepare it against next court.
John Livermore acquainted the court that he desired to
exchange his land at the west bridge for that granted him out
of Mr. Roes lott, but was told that the land in M. Roes lott is
granted to him vpon the condition as other lands are granted
out of the absent lotts; that is, if he remove in five yeeres out
of the towne it returnes to the towne againe, but for that at
the west bridge, if he would exchange it he should haue as
much granted to him as neare and convenient. He desired to
consider of it & he would tell ye governer.
The towne was desired to see they be provided of ladders,
elc they will fall vnder the fine.
Samuell Whithead is appointed to goe wth Jno Coppr to
view and judge of fences, wvh are good & wch not, and to vallew & prise the fenc belonging to ye absent lots what it is
worth at prsent.
The governer acquainted the court that the comittee they
appointed to dispose of the absent lotts (vpon William Andrewes & Jno Coopprs request,) desired Mr. Crane, Richard
NMiilles and Francis Newman to viewe some meddowe one the
east side weh they desire, it lying neare ther vpland, they intending and Sariant Beckly to goe to live ther. And the said




1648]        NEW HAVEN COLONY RECORDS.            429
viewers informed the court that ther is some meddow neare
ther land and some further of, maye be to ye quantity of 40 or
50 acrs; allso some vpland grase, two or three mile of from
them, wher it maye be some haye maye be cutt, wch they
thinke the court maye grant wthollt prejudice to them. But
because the court would not grant they knew not what, they
appointed Jno Brockett to goe wth some of ym wch could show
him what they desire, and take notice both of the manner of
lying & place & quantity & report it to ye court.
Leivtenant Seely propounded to the court that he might
haue libbertie to goe abroade if oppertunity prsents, for some
time to provide for his family, though it should for the prsent
take him of from performing his place as he is leivtcnnant, but
it was respited to another court.
A COURT HELD AT NEWHAVEN THE 6th OF FEBURARY, 1648.
John Herriman was called to answer for drawing wine by
retayle, before he kept the ordinary, wthout order. He answered he did it for Mr. Goodyere, but wherin he hath done
any thing contrary to order he leaves himselfe wth the court;
he was asked if he did not owne the thing, he said ther came
severall that pleaded necessitie, and said they could not be
supplyed ele wher, wch had some, & he did lett the seamen
wch worked aboute the shipp have some betwixt meales, but
he was told if he would confess no more, it might be proved
that he sold out of ye house, out of cases of necessitie, for
Robert Bassett sent and had wine two or three times, he said
he knew not that Robert Basset had any but vpon M. Goodyers acco, but was told yes for he sent his money for it. He
said he left himselfe wth the court, but because Mr. Goodyere,
whoe is somewhat concerned in the thing, is not now in court,
it was respited.
The court declared theinselues that Jno Herriman paye his
fine of 5s laid vpon him before by this court for not bringing
his armes to ye meeting one Lords day.
John Walker, Jno Harriman, William Andrewes, Christipher Todd, Mr. Goodanhouse, Mr. Evanc, Mr. Westerhousen,




430           NEW HAVEN COLONY RECORDS.            [1648
Robert Hill, Samuell Willson, Mr. Attwatter, James Russell,
Thomas Wheeler, William Davis, M'ris Gregson, Mr. Gilbert,
William Pecke, Richard Mansfeild & Edward Parker (18 in
all) each of them fined 12d for not bringing their waights &
measures to be tryed vpon the day appoynted.
Samuell Willson passeth ouer to Thomas Powell his house,
home lott and barne, and all the commonadge wch belonged
to him by buying that house of Edward Wigelsworth, wch was
all but a quarter pt, wch he sould to Jeremiah Whitnel before.
Samuell Willson passeth ouer to James Bishop 6 acrs of
land lying in the Yorkesheire quarter, betwixt the land of
Thomas Powell and Thomas Wheeler.
Christipher Tood passeth ouer to John Tompson the house
& home lott, wth all ye meddow & vpland he bought of Mr.
Higginson, excepting 9 acrs in ye 3d devission wthin ye two
mile and the comonadge. The severall pcells he passeth is 24
acrS in the necke, 1I pec of meddow of 5 acrs, be it more or
less, & 20 acrs in the 2d devission.
Francis Browne passeth ouer to Henry Glover 10 acrs of
land at the plaines, lying betwixt the land of Ralph Dayton
& the common.
Edward Wiggelsworth passeth ouer to Christopher Todd
161 acrs of meddow lying in ye east meddow, on this side
the river, betwixt the meddow of Mr. Goodanhousen eastward,
& Thom: Fugill westward; and 26 acrs of vpland lying
against it, and foure acrs and a halfe in the necke.
Luke Atkinson passeth ouer to Richard Beech all his meddow in the west meddow beyond ye river, betwixt Hartfordsheire quarter & Richard Beeches wives lott, wch was Andrew
Hulls, one eend butting vpon the river, ye other end runnning
into the further cove.
John Mioss passeth ouer to Mathew Moulthrop 3- acrs of
vpland on ye west sid.
Richard Beech passeth ouer to Mathew Moulthrop one acr
& a halfe of meddow lying, 1 acr of it in ye west meddow on
this sid ye river, frolts vpon Mr. Lambertons vpland, ye reare
* In the margin. "This 24 acr is pt of ye 2th devision & is but 3d a1 ac rats."




1648]          NEW HAVEN COLONY RECORDS.              431
to ye river, a highway through ye meddow to ye north, Mathew
Molthrop on ye south, i acr in Sollatary Cove not laid out.
Mathew Moulthrop passeth ouer to Henry Glover on acr of
the same meddow.
Mathew Molthrop passeth ouer to Richard Osborne his
house, home lott and barne, before the governer the 27th of
January 1648.
[229]  Widdow Halbich delivered into the court an inventorie of the estate left by her husband, Arther Halbich, deceased,
amounting to 431 14s 10d, prised by Rogger Allen and Samuell Whithead vpon oath, the 31th of January 1648.
Widdow Tompson, the late wife of Anthony Tompson, deceased, being called to give in securitie for the portions given
to ye chilldren by her husbands will, doth in court ingage the
house, land & whole estate left by him, for securitie.
William Basset whoe hath married the widdow of William
Ives deceased, being called to give in securitie for ye portions
of the chilldren, according to the will of William Ives, doth
in court ingadge the whole estate well was left by him ye sd
William Ives, & will not alter any of it till he acquaint the
court wth it & put in as good an estate as he shall dispose of.
Francis Browne was complained of for absent at a generall
court. He said he conceives it was aboute the fery welh ocasioned it, whervpon the court past it by.
Jno Cooppr informed the court that Mr. Malbons quarter
had not marked ther fenc, whervpon they was fined 20s, wch
was after remitted by ye generall court.
William Russells was complained of for absenc at a genererall court. He said he was at worke at ye shipp, vpon wch
ground he was freed, by a generall courts order.
Mr. Leete & Mr. Jordan, atturneyes for ye towne of Guilford, informed the court that allmost a yeere agoe ther was a
sentenc past in this court against Mr. Jno Cefinch, for a sofcie
of money due to ye towne of Guilford for certayne rates, wch
somie hath bine sine severall times demanded, but Mr. Cefinch
refusseth to paye, whervpon the proceedings of that court was
reade, wherin it appeared that Mr. Cefinch for want of proofe
was cast in his suit, but now saith that he can prove that that




432           NEW HAVEN COLONY RECORDS.           [1648
order made at Guilford, (mentioned in ye former court,) was,
that if any went away, his accomodations should be left in the
townes hand to paye all rates, and for that purpose produced
a letter from Henry Goldham of Guilford, whoe testifyeth
therin that the order was that if any man was called to remove out of the towne, not disposing of his accomodations, it
should remaine in the plantations hand to ye payement'of all
rates in generall, till the owner dispose of it other wayes.
Further Mr. Cefinch saith he hath other proofe, but produceth
none.
Mr. Leete & Mr. Jordan replyed that it was not so, but
onely for ministers mayntainanc & that they can prove abundantly by the planters in the towne whoe did make the order,
none wthout two or three desenting, wherof Mr. Cefinch was
one. And the ocasion of that meeting makes it appeare, well
was not aboute towne rates but ministers maintaynanc, for it
was when Mr. Higginson was vpon comeing to Guilford, he
desired to know what certainty he should be at for his maintaynanc, and desired the towne might meete & consider of it,
so they did, and after men had vnderwritten what they would
give, it was propounded how this they had vnderwritten should
be paide, in case any did remove out of the plantation. Mr.
Leete answered for his pt he was willing, in case he did
remove out of the towne, to leave his accomodations vnder
the power of the place to make vse of as they shall see cause,
to secure that wch he had vnderwritten; and after, the towne
generally spake that they was willing to doe so. Mr. Cefinch
objected that the order was not penned in ye meeting. Mr.
Leete answered that it is longe agoe & he cannot fully saye it
was, but the issue and result of the meeting was drawne vp
and the plantation acquainted wth it afterward and approved
it. Mr. Cafinch was told that for want of proofe he was cast
in the last court and had warning to provide it against this
court, & yett it is not done, therfore the court agreed &
ordred as before, that Mr. Cefinch paye to the towne of Guilford the rates that appeare to be justly due to them, & that
he paye 20s for charges wch the plantiffe hath bine at in following the suit.




1648]         NEW HAVEN COLONY RECORDS.             433
Henry Bishop was called, to know whether he had not disposed of some pt of the corme wch was ingadged to Mr. Davenport by the court of magistrats, he said when he had
threshed about 20 bushells of rye he came for sackes to bring
it home but could not haue them, wherby he suffered much
loss, for the farmers hoggs & henns got into ye barne & made
great spoyle of it. But he was told if the farmers hane done
him wrong they must answer it, but Mr. Davenport, thoughe
he hath bile willing to provide what sackes he could, yett he
is not tyed to find sackes, as appeared by the covenant wch
was read.
Farther, Mr. Cranle, one the behalfe of Mr. Davenport,
informed the court that ther is 41 14s 8d due to Mr. Davenport
from HIen: Bishop vpon accot for come, wch Mr. Davenport
requireth in corne according to his covenant, but Hen: Bishope refuseth.
Henry Bishop saith that he had offered wampome and that
was refused, after he was to paye in catle & Mr. Crane and
Goodman Milles came to his house to prise a steere for it, but
they agreed not in ye price, then they questioned him aboute
two calues if he was willing to part wth them, he said he was,
but Mr. Crane for Mr. Davenport was willing if he brought
good wampome in three weekes it should be accepted, if not,
yn he was to have the calues. Mr. Crane replyed it was not
so; it is true indeed that they went to prise a younge beast for
this money but could not agree, and allso that he said if he
brought good merchantable warnmpome in three weekes it should
be accepted, but that if he fayled Mr. Davenport should take
the calues he denyes; but because Heln: Bishop was to drive
awaye certayne catle to Fairfeild to wintering, wch stood
ingadged to Mr. Davenport, out of favour to Hell: Bishop he
was willing the two calues should stand as ingadged to Mr.
Davenport for securitie, but Henry Bishop failing in bringing
the wampom to this day, & now the necessites of Mr. Davenports family requiring it, he demandeth it in corne, as justly
he maye, the covenant bindeing the farmer to paye to Mr.
Davenport what shall be due to him at the end of his time,
out of the stocke of catle & out of the corne, & of 211: 4: 8d,
55




434           NEW HAVEN COLONY RECORDS.           [1648
(twelue pounds of wch was for corne,) Mr. Davenport hath
taken 161. lOs in catle and requires the rest in corne, wch he
conceives is a great favour to the farmer.
[230]  Richard Milles saith that the two calues was to stand
ingadged for securitie, but was not prised to satisfye the
debte.
Henry Bishop was asked if he had any witnes, he produced
his brother James Bishop, whoe saith that he apprhended if
his brother pd not the wampome in ye time appointed, that
then the calues was to goe for satisfaction so farr as they
would reach, but he could not take oath of it. Hen. Bishop
was asked if he had any other proofe, he said no. The court,
because 3 of the deputies was some way interested in the case,
and Mr. Gibbard was not cleare in some thing, respited it till
they might have more help.
HIenry Bishop declareth that he hired a cannow of James
Russell for his ocasions, & Jno Moss and Isacke Whithead
tooke it awaye & brought it not againe, but broke it, wherby
he was damnifyed. John Moss saith it is true they tooke the
cannow away, but it was a mistake, for they had spake to
Allen Ball for his cannow, and he told them that if Mr. Gilbert had done wth it they might have it; they inquired and Mr.
Gilbert had done wth it, so as they was goeing vp the river wth
the lighter, Isacke Whithead knowing wher Allens cannow
laye, went to fetch it, and when he came to the place ther was
two, and it being in the night, and darke, imistooke, & did
take the wronge cannow; so when morning came they saw
they had mistaken; the wind blew pretty fresh, & the cannow
wth shering gott betwixt the banke and the lighter, & the
lighter fell foule on it and brake it; so when they saw what
was done they made inquirie whose it was, resoluing to paye
for it, and hearing it was James Russells, spake wth him and
offered him satisfaction; he required that the cannow should
be made as good as she was, and they did mend her, but after
vnderstanding that Hen: Bishop had hired the cannow, they
spake wth him and offered to paye for the cannow & allso for
what damadge he had suffered, but he would not accept it,
but said he would haue it in ye court, & yesterday, after he




1648]         NEW HAVEN COLONY RECORDS.              435
was warned to ye co-urt, Isacke & he tooke Thomas Meekes and
went to Henry Bishop and offered him  as much, but he
demanded 3d a weeke ever sine ye cannow was taken away,
and that the cannow be pd for, and 10 for takeing it away as
a breach of order.
Thomas Meekes testifyeth that he heard Jno Moss and Isacke
Whithead offer I-Ienry Bishop to satisfye Mr. Russell for the
cannow and give him 3d a weeke for his damadge, and for ye
10s for breach of order, they see no ground for it.  Thomas
Meekes asked Henry Bishop why he would have it to the
court, he said onely for the 10S. Henry Bishop was told by
the governer that ther is no ground that they should paye the
103, for it was against their wills they tooke it, the law of God
requires no more in higher cases, even in case of blood, if the
will be not in it he shall not dye. The sentenec of the court
is that the defendants make good the cannow & paye just damadge to Henry Bishop, but that Henry Bishop beare the
charge of the court himselfe.
Peeter Mallory and his wife was called before the court &
was charged wth the sinn of vncleanness or fornication, a sinn
wch they was told shutts out of the kingdome of heaven, wthout repentanc, and a sinn wch layes them open to shame and
punishment in this court. It is that wch the Holy Ghost
brands wth the name of folly, it is tllat wherin men show
their brutishness, therfore as a whip is for the horse and asse,
so a rod is for ye fooles backe.  They confessed ther sinn,
and desired the court to show them mercy in respect of tiler
bodies, she being weakely, & for ought is knowne, wth child,
and he subject to distraction, haueing sometime bine distempered that way. Wchll thlings the court considering, thought it
most meete to punish by fine and not by corporall punishment,
and therfore ordred that they paye 51 as a fine to the towne,
and that they be imprisoned during the courts pleasure, &
that they be brought forth to the place of correction that they
maye be ashamed and that it maye appeare the corporall punishment is remitted in respect of mercy to ther bodies, bnt
wth the same hatred of the sinn as if the correction was laide
01111.




436           NEW HAVEN COLONY RECORDS.            [1648
Mr. Crane haueing had an attachment vpon ye come &
catle of Francis Hall to the vallew of 241, declared in court
that 18'1 of it was due vpon accot by arbitration, and 40s was
due to Jno Whithead his servant, wch was ordred by this
court for Fran: Hall to paye, wch is 201, the other is for securitie till Francis Hall have done sundry repaires vpon the
farme, aboute houses and fences, & cut and made some haye
wch he hath ingadged himselfe to doe next haye time, therfore desired that some might be appointed by the court to
prise the catle for his satisfaction. Francis Hall desired it might'be forborne till he had threshed out his corne, and what he
makes not paye of then to his satisfaction, in come or porke,
or other good paye, he is content it should goe this waye. It
was propounded to M1Vr. Crane & Francis HIall if they were
both willing that the catle should be prised to the vallew of
201, and if in a monthes time Francis Hall doe paye in come
or wampom  or porke wch is currant & merchantable, such as
maye be pd to other men, then the catle to be released, Francis Hall payeing for the keepeing of them if he redeemne them,
and for the rest of the attachment, that it stand till other
things be cleared. And they both declared themselues willing, and the court appoynted Richard Milles & Francis Newman to prise the catle & that to ye vallew of 211, for 20s wch
Francis Hall was fined to the towne was by both ther consents
added, & Mr. Crane is to paye it to ye towne againe.
John Livermore, Hen: Gibbons, & Mris Rotherford, Addam
Nickholes, the Yorkesheire quarter & divers woh rent ground
in AMr. Evanec his lott, were fined for neglect of ther fences, but
it was remitted by the generall court afterwards.
Mr. Crane and Francis Newman were desired to call some
workemen to them, and they together to view Robert Parsons
house what repaires it wants to make it tennantable, and what
it is worth a yeere to lett, that Willialm  Pecke, if they can
agree, maye hire it, the repaires being pd out of the rent.
Mr. Evanc being called to answer concerning Thomas Fugills lott, whose fenc is downe, answered that he had nothing
to doe wth it in that kind, for Mr. Cockerill gave Mr. Leach a




1648]            NEW  HAVEN COLONY RECORDS.                    437
letter of atturney to receive it into his hand, & he hath delivered it vp, wrightings and all, to him.
[231-]   lIMr. Pell was warned to this court &  Mr. Powell
appeared for him, and said that his vrgent ocasions felliout so
that he could not appeare himselfe, but he submitts to the
court.  He was told that this cariage hath bine full of highe
contempt, (on lMr. Pells pt,) against the court, wch he must
answer.  For he hath neither brought in his fine nor appeared,
thoughe he hath bine warned to doe it.
Richard Mansfeild, John Tompson, Alndrew  Loe was conmplained of for ther fenec lying downe the most pt of the last
sumer, &  yett it is not vp, 20 post, Rich. Mansfeild, 12 post,
Andrew  Loe, 6 post, Jn~ Tompson, as J1no Cooppr informes.
They answered that it was a midle fenc, & some of the quarter was in demurr for some time wheither to haue it maintayned  or taken awaye, vpon whb consideration  the court
ordered that they paye but 12d a post for ye whole time past.
John Meggs desired the court to forbeare his two fines of
20s apece lie hath  bine fined by this court.  The court told
hime they would give him  6 monthes time if he could put in
securitie.
James Till allso being warned to show cause wlly lie pd not
his fine of 40s laid vpon him for sundry miscarriadges, specially
for contempt of the court, desired the court to forbeare it six
molithes.  He was told if he put in securitie it should, elc the
marshall must attach for it, but for securitie Jno Tompson
ingadgeth himselfe for 45s to see it pd in that time; the five
shillings is for another fine now laid vpon James for leauing
open a length of rayles into a come feild.
An inventorie of the estate of Lawranc Watts' deceased was
"An Inventory of the goodes of Lawrance Watts taken and apprised the 31t1 of
January, 1644."
Sum ~8, 1, 11.
A debt of Addam Nickholes ~0, 4, a debte of Sljant Becklyes ~0, 2.
Debtes pd for him out of this estate. To Thom Gregson ~0, 11, 6. To John Dillingham ~1, 12, 6. To Goodman Hitchcocke ~0, 4. To Luke Atkinson, ~0, 18, 7.
To Goddman Budd ~0, 10. To Allen Ball ~0, 2, 6,
Goodman Tharp had of theise goods ~0, 5, 6. Goodman Kimberly, Browne &
Tharp had of theise goods ~2, 6, I. The rest which ~1, 11, 3,-23d was lost in
the goods; the rest which is 29s 4d, I am to paye. Thomas Gregson.




438           NEW  HAVEN COLONY RECORDS.             [1648
p'sented in court, amounting to    A    vnder the hand of
Mr. Thomas Gregson.
Edmund Tooly whoe layes some claime to ye estate, prsented
Samuell Hodgkines for a witnes, whoe testifyes that he heard
Lawranec Watts saye that if Edmund Tooly caried himselfe
well, he thought to leave what estate he had wth him, if y0
Lord tooke hin awaye before Edmund.
Mr. Theophilus Eaton one behalfe of his brother Mr. Samuell Eaton, passeth oner to Francis Newman the houses, home
lote wth all accomodations & fences belonging to it whll was
M. Samuell Eatons lott, given him by the towne at first.
Mr. Evane propounded to ye court that the fine of 40 laid
vpon William Badgard for his disorder migilt be remitted, for
tlhoughe he vndertooke to paye it, yett he is now runn awaye
in his and the rest of the owners debts, but the court did
nothing in it.
A COURT HELD AT NEWHAUEN THE 6th OF MARCH, 1648.
Mr. Crane and Francis Newman informed the court that
they had according to the courts desire called in William
Andrewes to them, & that they together have considered of
Robert Parsons house, and find that ther wants divers repaires,
but thinke that a yeers rent maye make it tennantabloe for a
while; they thinke the rent maye be 50s a yeere.  William
Pecke whoe was to hire it said it was too deare, but yett was
willing to take it & did, vpon condition that he repaire it out
of ye rent, & keepe accot, that if he expend it not all, he maye
then make it vp, but hath not libbertie to goe beyonde the
rent, & if tile court hears of none inll ye compass of this yeere
that layes claime to the estate, they will then consider of it
againe.
William Andrewes was desired to joyne wth Thom: Munson & Jervice Boykine to prise the house aIld lott of Robert
Preston.
Debts owing to Lawrance Watts. George Ward ~1, 12, 6. Edmunnd Tooly ~2,
19, 2. Goodmaan Booth, Mr. Fugill, Mr. Ling g~0, 2, 6. Goodman Mansfield, Goodman Chapman ~0, i.
" Mr. Evance had the originall inventory and saith he cannot finde it."




1648]            NEW  HAVEN COLONY RECORDS.                     439
Mary Preston widdow delivered inlto the court the will and
inventorie of John Hunter deceased;' the will made the 15th
of Maye, 1648, witnessed by his owne hand  and seale, and
Ezekiel Chever and Robert Pigg; the inventorie amounting to
16': 04s: 08d, prised by Thomas Munson & Thom: Kimberly
vpon oath for ye valew of ye goods, and by ye oath of Mary
Preston ye executrix for ye quanteite.-t
Mr. Newmans quarters  was finled 20s for not markeing
their fences in time, but after remitted by ye generall court.
Mr. Leach desired of the court that an end and issue might
be put to a cause depending in this court betwixt the estate
of Robert Parsons and hilselfe, wch it seemes for want of full
proofe could not then be issued.  The proceedings of that
former court were read, and Mr. Leach now delivered into ye
court a bill vnder Robert Parsons hand, wherin it appeareth
that Robert Parsons received of Mr. Leach goods to the vallew
of 611 to carie to the Barbadoes & sell & to returne halfe the
profitt & the principall to Mr. Leach, and to have the other
halfe of the profitt himnselfe, and  what he cannot sell, to
returne to M. Leach againe.  Mr. Leach said that he had
received so much of the goods backe againe as came to 261:
10S and 7521 of cotton woole at 10d p 1, wch conimes to 31]:
06s: 08d, out of wch he pd 51 for fraight of the cotton woole
from  Barbadoes heither.  And he conceives that by his bill
he is to have his principall made good heare, wthout payeing
fraight.  Mr. Leach was told  that ther is 81 worth of this
goods, as a handkercher, cuffe & brest pec, wch Robert Parsons was to sell as he saw meete, & is not tyed to make the
principall good, and possibly he sold not that for so much by
>- Last will of John Hunter, made May 15, 1648.
He gives to Sarah, wife of William Meaker, twenty shillings; to Peter Mallory, his
best jacket; all the rest of his estate to Mary Preston, widdow, late wife of William
Preston, deceased, and makes her sole executrix. " Sealed and declared to be the last
will and testament of John Hunter, in thle presence of Ezekiel Cheever, Robert Pigg.
Inventory taken by Thomas Munson and Thomas Kimberly; amount, ~19, 11, 1.
Estate Dr. to Mr. Peirse 10, to Mathew Gunnill 3s, to Richard Beckly 8s, to Mr. Pell
X~1, cllarges in his sickness, coffin and burying ~1, to Thom. Powell ~0, 1, 4, to Adam
Nickbols ~0, 1, 3, to Richard Mlansfeild ~0, 1, 2, to Mr. Goodanhouse 3%.
t In the margin. "Ezekiell Chever and Ro: Pig tooke oath ye 4thL Septem. 1649,
tls.at ye will now prsentcd is ye last will and testament of Jn~ Hunter."




440            NEW HAVEN COLONY RECORDS.           [1648
a good deale, so that if that be rated at 51, he hath his principall allreadie, all but 3s: 4d.
The court considered the case, as it hath bine prsented to
them now and before, & ordred that Mr. Leach haue out of
Robert Parsons estate 51, webh he pd for fraight of the woole,
and allso the charges of the court, and if he can heareafter
prove that Parsons sold tlhe handkercher, cuffe, & brest pece,
for more then 51, it should be made good out of Ro: Parsons
estate. Mr. Leach moved for execution, but the court was not
willing to grant it so sudenly, but told him ye estate should
not be disposed of to his loss.
Thomas Fugill, as appeares by a noate vnder his hand,
passeth ouer to Francis Hall 7 acrs & a halfe of land, lying
wthout side of the Yorkesheire quarter, next the West River,
the meddow being on ye on side of it.
Francis Hall passeth ouer to Jno Meggs the same 7 acTs & a
halfe of land, be it more or less.
Mr. Crane haueing before the last court had an attacllment
vpon ye corme and catle of Francis Hall for a debt of 241, wherof 211: 1:  ld appeared then cleare to ye court, for weh catle
was prised by men appointed, and is now condemned in court,
onely Francis Hall excepts against 6s in Jno Knights accot,
wch Mr. Crane promiseth to allow backe, and the rest of the
attachment stands till other differences be cleared betwixt
them.
[232]  1  Mr. Goodyere declared to the court that that weh
Jn~ Herriman was questioned for last court, in drawing wine
wthout order, was occasioned by him, for when the ship carpenters came from the Baye to worke vpon the shipp, they
required wine to ther diet, wch he was famine to pvide at his
greate charge. Towards the latter end of ther being ther,
William  Andrewes prest to leave the ordinary, and propositions was made to Jn~ Herriman in the court to keepe it, and
then William Andrewes being wthout wine, some did come to
Jno Herrimans & prest to haue some, pleading necessitie, vpon
wch he spake to the governer, telling him how people pressed
for wine for ther necessitie, he said why doth he not lett them
have it, intending to have him take vpon him the ordinary &




1648]         NEW HATEN COLONY RECORDS.            441
so lett them haue it in an orderly waye, but he vnderstood it
not so, but that was his error, for he told them what the governer said, and after they did lett some folkes haue some, but
for any disorder, he hopes none can saye ther was any.
The gouerner said that it is a breach of order is cleare, and
for his pt, he neuer intended any thing but that he should lett
people haue wine orderly, but for any disorder he heard of
none.
The court considering that it is a breach of order & that for
wch others haue bine fined, could not pass it by, but ordred
that Mr. Goodyere paye to the towne as a fine fo this breach
of order 40s.
William Basset was complained of for absenc at two generall courts, he said for the one, he was keeping cowes, for the
other, his wife was not well & he was faine to staye wth her.
For both the court past it wthout a fine, but ordred him to
paye a fine of 2s: 6d, laid by this court for not bringing his
armes to meeting one Lords day.
Mr. Leach declareth that he sold to Mr. Joshua Atwater in
July last, goods to the vallew of 201, to be paide in good wampome, wch Mr. Atwater hath not yett done, therfore desires
the justice of this court.
Mr. Atwater answered that it is true, he bought 201 worth of
goods of Mr. Leach, and promised to paye him in good wampome, and propounded 6 monethes time, but intended to paye
in three, and when he went into the Baye in August, he inett
Mr. Leach as he was goeing aboard and told him that so soone
as he returned frome the Baye he would paye hime, against wch
he objected not but seemed to be satisfyed, and so soone as he
came home he applyed himselfe to it, but Mr. Leach was not
at home, but in ye meane time Mr. Gilbert, Mr. Powell & Jno
Walker came to him for severall goods, Mr. Powell 4 or 51
worth, Mr. Gilbert 121 worth, Jno Walker foure pounds worth,
and they all said they were to receive good wampome of M.
Leach, and they would sett it of wth him when he came home,
so they had the goods, & when Mr. Leach came home, he went
to him & told him that there was so much as would paye him
in such mens hands, wel said he owed it them, so he might
56




442           NEW HAVEN COLONY RECORDS,           [1648
take it so and save a telling ye wampom, but he refussed and
said he would paye his owne debts and he should paye his, so
he returned to them againle and told them how it was, at wch
they marveled and after demanded ther warnpome of M.
Leach, wch was not all pd till wthin this tenn dayes. And as
they received it in paprs readie told they brought it to him &
so he carried it to Mr.. Leach prseintly, but he refussed to
receive it. Now this he conceives is not just, that he should
paye yt for good wamppome wch he will not receive for good
wamppome againe, when as the partyes told hime that they was
to paye it him ye sd 3M. Atwater, & that he would bring it to
him againe. And Mr. Gilbert, Mr. Powell & Jno Walker
offered to take oath that ye wamppone they received of Mr.
Leach they carried to Mr. Attwater, and Mr. Attwater offered
to take oathe that the wampome he received of them he carried
to Mr. Leach & he refussed it, but M. Leach desired it not,
but said lie was satisfyed wthout oath.
Mr. Leach replyed, he gave not 6 monethes time nor three
monethes neither for payement, but his paye was due prsently,
yett did not stand vpon it for 5 or 6 weekes time, therfore he
conceives he should haue damadge for being wthout his money
so longe.
The court told Mr. Leach that till Mr. Attwater returned
from the Baye he was willing to staye, (he said lie had rather
haue had it,) and if he demands damadge since, by the. same
reason they wch he owed it too maye require damadge of him,
& it is but 4 montlhs time at most. MVr. Atwater said he had
offered Mr. Leach his paye & what just damadge he could
require, & Mris Pell could testifye it.
Both ptyes haveing spoken what they desired, the court
proceeded to sentenc, & ordered yt seeing Mr. Leach pd the
wamppome for good, he should so receive it againe, and that
Mr. Attwater paye Mr. Leach for damadge for 201 for 4
monthes, after 101 in the 1001, wch is 133: 4d, and the charges
of the court, vuless he can prove that he offered just damadge
before, & then Mr. Leach is to beare it, because he had as
much offered wthout the court as he could in reason require.
Jno Meggs informed the court that Daniell Turner came to
hime for a paire of shooes & had them, and promised him a




1648]         NEW HAVEN COLONY RECORDS.             443
bushell of comle wch Richard Webb owed him, he required a
noate vnder Richard Webbs hand, Daniell brought him one &
told him the come was at mill, so he sent for it and had it; the
day after Richard Webb came to him to know by what right
he fetched his corne from the mill, he said by his owne order
as appeared by his owne hand, he asked to see it & he showed
it him, he said it was not his noate, he gave him a bill indeed
for widdow Allen but this was a counterfit, so he required
paye for his corne & had it, & left him to recover it of Daniell
as he could. Further Jno Meggs saith that Daniell hath writt
3 or 4 severall bills for this come wch was prsented & showine
in court.'Daniell said he had a noate of Richard Webb to fetch a
bushell of cornme at mill, wch bushell of meale he gave to
Goodwife Allen & the noate to fetch it, but she could not gett
any bodie to fetch it & gave him ye noate againe, & he lost it,
& after thought to dispose of the come to J11n Meggs and writt
another noate & gave him, and sent Goodwife Allen word she
could not hane the corne, but was told that it was not in his
power to dispose of, haueing given it awaye; and it is true she
gave him ye noate againe, but it was to fetch the meale for her
& to be pd for fetching it, and therfore after to dispose of it
againe by a false & counterfit note seemed to be a cheating
cousining way.
Farther Jno Megs said that Daniell Turner charged Richard Webb for wrighting a noate and then deneying his hand,
and Goodwife Allen that she found the note & demanded the
corne, which are both vntrue & vnjust charges.
[233]  1j The court considered the case as it hath bine
prsented to them, & thoughe they see a stronge appearanc of a
cheating cousening carriage in Daniell Turner, yett not being
fully proved, past it by, but for wrighting false notes & vnjust
charges vpon Richard Webb & Goodwife Allen, & much lying
in this buisenes, & even now before the court, did order that
hee paye as a fine to ye towne twenty shillings, and 8s to Jno
Megs for costs & charges, & 3s wch he pd Richard Webb for ye
bushell of meale, and 3s to Richard Webb for two dayes time
he hath spent now at the court, and that he put in securitie
for it all before he goe out of ye marshalls hand. Accordingly




444           NEW HAVEN COLONY RECORDS.           [1648
Jeremiah Judson of Stratford became suretie for the payement
of it all, wch is 34s.
Jno Livermore, widdow Tompson, Mr. Jeanes, Mr. Cefinch,
Jno Walker, William Holt, Jno Wakefeild, William Gibbons,
Jeremiah How, was complained of for ther fenc being downe,
they was all ordered to mend ym vp & paye to Jno Cooppr
what is due to him, & for ye fines to ye towne the court respits
that.
William Jeanes passeth ouer to Jno Meggs, his house &
home lott, lying at the corner ouer against Mr. Gregsons, betwixt the house lott of John Budd & the highewaye.
Mr. Goodyere being called by the court to give in securitie
for the portions of his wiues chilldren, desired libbertie till the
next court, wch was granted.
Allen Balle was warned to the court aboute Thomas Fugills
fenc & rates, for Mr. Leach whoe had a letter of atturney from
Mr. Cockerill would not medle wth it, as appeared by a note
vnder his hand now prsented in court. It was propounded to
Allen Ball if he would not be willing to take the house and
land & improve them for defraying charges of rates and fencings; he said that the house was vncomfortable to live in because of the chimney and the sellar is falling downe, that
workemen saye it will cost 201 to sett it in repaire, therfore he
thinkes it is the best way to take downe the ptitions wthin &
make a barne of it, & if ther be cause, it maye be removed of
the sellar. For the land he is willing vpon equall terines as
things goe, to take some of it. The court desired Mr. Wakeman & Richard Milles to call in William Andrewes and Jervic
Boykine, & view and consider of the house, what had best to be
done wth it, and that they consider of the land what rent it
may yeild, as things are ordinarily lett, that so both house
and land if it may be, may be disposed of.
Mr. Crane & Jno Cooppr were allso desired to view & consider of Jeremiah Dicksons lott, and if it maye be, lett it out
for payeing rates & vpholding fences.




1648]         NEW HAVEN COLONY RECORDS.             445
A GENERALL COURT THE 10th OF MARCH, 1648.
The Gouerner acquainted the court that he heares ther is
great remisnes & neglect in setting vp fences according to the
order made in Nouember last, so that Jno Cooppr wch they
appointed to view fences hath done it, but wthout any success
that is considerable, & so it will be vnless ther be some stricter
order made, wherby the fines laid by the pticuler court maye
be pd wthout delaye, and that Jno Cooppr maye be surely pd
for his time of warning men of ther fences, & for his attendant
at the court, for men make excuses & so necesarily occasion
his being ther.
The court considered of what was propounded, as allso of
what orders they formerly made, both concerning swine and
fences, and see no cause at prsent to alter them, but to confirme them wth this addition, that when catle are found in
corne or elcwher, doeing damadge, the owner of the catle shall
paye both poundage & damadge, and to looke out the fenc
wher they might come in, & the first he finds, to laye it ther
and looke no further, but he that oweth that first defective
fenc to search out for more if ther be any, wch is all to beare
pt, equally alike.
It was propounded wheither the court would not remitt the
fines wch have bine laid vpon psons whose fcnc hath fallen
downe this winter & so could not be sett vp againe because
of the frost, and allso the fines for not markeing fences. The
court considered it and ordred that what fines have bine laid
vpon any man for his fenc being downe, if it hath fallen
downe since the 20th of Nouember last, it should be remitted,
as allso the fines for fence not being marked, provided that
just damadge be pd to them that have suffered by it, and that
Jno Cooppr be duely pd what is his right to have, and that
from this day the order be strictly attended, both in markeing
& mending fences.
It is ordred that if any man be fined for breach of order &
doe not paye the fine, (it being demanded,) before the next
court after the fine is laid, or bring his money to the court
and laye it downe, he must looke for no more warning, but
that then execution prsently goe forth to seaze pt of his estate




446           NEW HAVEN COLONY RECORDS.            [1648
for it; and for what belongs to Jno Cooppr, either for poundage or warning about fences, if it be not pd at first demand,
or before the next court following, that then the marshall
warne them to the court, & to have 4d for warning yin, wch is
to goe, 2d to Jno Cooppr & 2d to hlimselfe, and that the court
increase the some to Jno Coopprs advantage as they shall
judge meete, and thoughe they slould paye the marshall
when he goes to warne them, yett they mulst paye the 4d for
warning because they delayed so longe.
It is ordred that for what blacke birds Jno Brocket or others
kill, he or they applying themselues thllerto, shall receive from
the treasurer after ye rate of 10 a thousand.
It is ordred that whosoever shall sell nailesin this towne shall
sell six score to ye hundred.
The order made at the jurisdiction generall court for
markeing catle was reade.
It is ordered that whatsoeuer dry catle, as oxen, steeres, or
younger catle, shall be found wthin the cowes walke, or
amounge the heards, the owner of them shall paye 3d a head
to him yt pounds them, or complaines to the owner of them, or
bringeth them home.
[234]  II William  Andrewes, Jno Cooppr, Richard Beckly,
Nathaniel Merriman & Isacke Whithead desired that they
might haue some land & meddowe to sett vp farmes one the
east side, next the sea, beyond the Cove River. Mr.. Crane
and the farmers ther objected against it, whervpon the court
appointed Leivtennant Seely, Henry Lendall & Francis Newman, as a comittee to view and consider wheither it would
prejudice the farmes ther allreadie or no, & so to make report to the court, & if any of the farmers will goe to make
ther objections they maye.
It was ordred that the pee of meddowe on ye further side
of ye necke bridge towards the sea, should be for the ordinary
to put in strangers horses in the summer, Jno Herriman, whoe
now keepes the ordinary, fencing it at his owne charge, and
that a pec of meddow lying by the blacke rocke, next Leivtennant Seelys meddow, being supposed to be 6 or 7 acrs,
should be for the ordinary to provide haye for strangers horses
in winter, and this to stand till the court see cause to alter it,




1648]          NEW HAVEN COLONY RECORDS.              447
& if any horses doe staye longe, as 4 or 5 dayes, or a weeke
or more, he hath libbertie to put them in the necke, provided
he put none in but strangers horses.
The towne was desired to see that they be provided wth
ladders according to the order, and that they keepe ther chimneyes cleane, for Jno Cooppr whoe hath bine vsed to sweepe
them finds it inconvenient for him and layes it downe, onely
he said that till another was provided, if any man desired him
to come, he would take some time one wthin the weeke to
doe it if he was well.
It is ordered that if any man goe awaye out of the towne,
or sell awaye his best & convenient land, and take no course
how the rates of the rest should be pd & the fences vpheld,
the pticuler court have power to seize vpon the lott or stopp
any such allination, till some order be taken for defrayeing
all publique charges, vllless he that buyes the land will put in
securitie for the same for time to come, provided that if any
more shall be made of such lotts or lands then doth defraye
publique charges, it doe returne to the owner of them.
It is ordred that the planters against the banke side to seaward shall haue 4 rodd of ground the breadth of ther lotts backward into oystershellfeild, because the sea & water washeth
downe ye banke that ther is no good highe waye, & then according to an order allready in force, they must maintayne a good
highe waye at the front of ther lotts next the sea.
It is ordered that a place be left for shooting at a marke in
oystershell feild, vpon that 7 acrs Mr. Gilbert had, whell maye
be ye most fitt for that vse.
The Gouerner acquainted the court that the comittee they
appointed for oystershellfeild haue disposed of it for 7 yeeres
more, for three shillings all acr, if they fenc it, then to haue
the last yeares rent for fencing, but if they doe not, but by
runing a fenc into ye sea as some speake of, they shall doe it at
ther owne charge, & that then the last yeers rent be pd to the
towne allso, & that such fenc as they make, they leave it standing at ye end of ther time.
Livtennant Seely was desired to take care that the watches
might be made vp.
It is ordred that all men that vse measures wth strikes,




448           NEW HAVEN COLONY RECORDS.            [1648
shall gitt strikes well made, and ye next time measures be
viewed they shall bringe their strikes to be viewed and sealed
also, & so from time to time, vnder the same penaltie that the
measures are.
Leivtennant Seely propounded that the court would consider of some other waye of rateing men then is setled by
lands, for divers men wch had good estates at first & land answerable, whose estates are sunke and they not able to paye as
they did, & divers psons whoe had land for their heads, whose
estates are smalle, yett paye great rates, & others whose estates
are increased, haveing but litle land paye but a small matter
to publique charges. Divers others in the court concurred
wth him, whervpon the court chose a comittee to consider of
it and prepare it for another court. The comittee are the
pticuler court, (calling in the elders for any helpe or light
they want,) & one out of each quarter in the towne, vizd, Mr.
Gilbert, Henry Lendall, Mr. Wakeman, William Davis, Mr.
Attwatter, Jervic Boykin, Mr. Ling, Mr. Tuttill, Mathew Camfeild, Francis Browne.
Leivtennant Seely and Jno Brockett informed the court that
ther is of that meddowe Mathew Camfeild desires, on ye
other side the West River by ye oyster banke, about 4 acrs
very badd and boggy, & they thinke the towne may grant it
him wthout hurt to themselues, vpon wch report the court
granted it to him.
John Moss propounded for 6 acrs of meddow at Oyster
River. Richard Osborne & Geo: Smith propounded for some
ther allso, but it was reffered to the viewers wch are appointed to
view some their allready, vizd Leivtennant Seely & Jno Brockett.
It was ordered that all men wch allinate lands in this plantation, shall come to the secretary before the court, & bring a
note vider the hand of buyer and seller of the quantity of the
land, wth the bounds of it, that the secretarie maye search
the booke to see wheither such lands be in the sellers power
to dispose of.
It is ordered that the gouerner haue three men beside Jno
Thomas to goe wth him to Stamford, & they to be pd by ye
jurisdiction treasurer, his journey being vpon ye jurisdiction
occasions.




1649]         NEW HAVEN COLONY RECORDS.             449
A COURT HELD AT NEWHAUEN THE 8th OF APRILL 1649.
Mr. Goodyeare propounded to the court to knowe what securitie they did require of him for ye portions of his wives chilldren, for he was willing that the securitie should be out of the
estate; the court declared themselues that they was willing to
accept of ye fixed estate for securitie so farr as ther part goeth,
the house & fences being kept in due repaire, and so much of ye
moveable estate as to make it sufficient securitie, wch moveable
estate should be determined of, that if any of it comes to be
disposed of, other estate as good maye bee put in ye roome,
and that wheras ther was 501 in the shipp Fellowship put into
ye inventorie & vallewed at 501 wch now comes to be worth
but 151, tile chilldren must beare ther parit of the loss in proportion.
[235] I William Andrewes junior was called to answer to a
miscarriage of his by drunkenness wch had bine formerly
heard by ye court in a private waye. What the court did
then was read & testimoney called for of William Andrewes
his good behaviour & sober cariage sine, and Robert Martin,
master of the Susan, a vessell wherin William Andrewes hath
gone some voyages sine, testifyeth that he call vpon his oath
saye that for ought he hath scene sine or heard by others, William Andrewes cariage hath bine well & according to the rules
of sobrietie, and Mr. Evane saith that Mr. Higginson, whoe
went masters mate of that vessell, told him that William
Andrewes hath carried it well in ye voyage; the court declared
themselues by way of sentenc, that, vpon the testimoney given,
they remitt the corpporall punishment he then deserved, and
wheras 51 was deposited as a fine laid vpon him for which Mr.
Evanc was suertie, they take of that allso, and onely ordered
that William Andrewes paye as a fine to the towne for that,
his miscariage, 20s.
John Vincon, Joseph Allsop & Andrew Low was complained
of for ther fenc being downe, they said it was burned downe,
& they could not gett help to sett it vp againe, they were told
that it is 10 dayes sine it was burned, & they haue had warning of it by the viewer, & they haue not done what they might
57.




450           NEW HAVEN COLONY RECORDS.           [1649
haue done to keepe catle out of the come; therfore the court
ordered that the generall courts order be attended in ther
payeing 12d a post for those that be downe, wch is 20 post as
J11o Coppr saith, & that the viewer be pd what is his due, &
what damadge beside hath come by it if it be required, &
Andrew Low is further fined 12d a post for 12 post that hath
bine downe longer, betwixt the two quarters.
Andrew Low informed the court that he was willing to part
wth the land the towne gaue him & Thomas Wheeler was willing to accept it. Thomas Wheeler sd he was willing to take
it, that is that wch was given Andrew Low at the first, & that
6 acres he after had of Phillip Leekes, wth 2 acrs of meddow &
9 acrs of vpland on ye other sid the East River out of the
elders lott, & he vndertooke to mend vp the fenc, paye rates &
to beare the damadges wel lyes vpon it in regard of its being
burnt and not sett vp.
Joseph Allsop informed the court that he desired to leave
the 6 acrs of land the towne gaue him and Christopher Todd
was willing to have it, as he said himselfe in ye court, and the
court was willing he should, onely reserved libbertie to
acquainte the comittee wth it, whoe as they conceived would
grant ye thing.
Mr. Leach desired that the suit depending betwixt Phillip
Galpin & himselfe concerning Nathaniell Drapprs wages, might
be issued, whervpon Phillip Gallpin prsented in court the testimoney of Henry Rotherford & Michaell Taintor vpon oath,
as foil,
Henry Rotherford testifyeth vpon oath, taken before the
gouerner at Newhaven the 7th of January, 1648, that he being
at Goodwife Tillsons house in Vergenia, last yeare, and speaking to her aboute Nathaniell Drappr, asked her how long he
lived after he was caried ashore, she said he dyed the next day
at night, before day he was dead. He asked what he spake
concerning his meanes, she said that he gave her his beavor
that he had, & for his wages he gave that to Mr. Sellicke, but
it did appeare by her words to be vpon this ground, Mr. Sellicke comeing to vissit him told him that he would speake to
a surgion to come to looke to him, but Mr. Sellicke said to
Nath, yow have made yor will allreadie & given awaye all yow
have & what shall I have to secure me. Nathaniell answered,




1649]         NEW HAVEN COLONY RECORDS.               451
(as Goodwife Tillson said,) that he would give him his wages
to secure him & the last will must stand. Further he asked her
if ther was any will writt, she said none in prsenc of Nathaniell while he lived.
Henry Rotherford.
Michaell Tayntor testifyeth vpon oath, taken before ye gouerner at Newhaven, the 9th of January 1648, that he being at
Vergenia when Nathaniell Drapr dyed, went to Goodwife
Tillsons house, & falling into speech wth hef concerning Nathaniell Drapr, she said that he brought some beavor ashore
wth him & some deares skines, wch beavor and deare skines
he gave to her, the said Goodwife Tillson, when he dyed, wch
was ye next night but one after he came ashore, & that he, ye
said Michaell, saw the beavor which was a pretty bigg bundell.
Further this deponent saith that Goodwife Tillson said that
Nathaniell Drappr had made no will in wrighting sine he
came ashore, but that he expressed himselfe by word of mouth
& she was a witnes to it, that what Nathaniell had he gave it
to Mr. Sellicke, but remembers not that he heard her saye
anythinge of Nathaniells giveing his wages to Mr. Sellicke.
Michaell Taintor.
Mr. Leach allso presented in court the copie of an afidavit
of goodwife Tillsons, taken in Vergenia, wherin she testifyeth
that Nathaniell Drapr gave to Mr. Sellicke his wages, by vertue
wherof Mr. Leach said Mr. Sellicke claimes the wages of him;
this last will by word of moueth being made a day after that
written will wherin he gives the wages to Phillip Gallpin.
Phillip Galpin pleaded that Goodwife Tillson is not a competent witnes, she being a party & possesing pt of Nathaniel
Draprs estate, as appeares by ye testimoney of Mr. Rotherford
& Michaell Taintor, but the will wherin it is given to Phillip
Galpin is written & witnessed by one not interested, vizd, Arthur Branch.
[236]  liThe Gouerner informed the court and told Mr. Leach
that the case is perplexed, for heare is but one witnes of either
side, & if any of Nathaniell kindered should come to claime
the estate, it might cause a new trouble, & be questionable
wheither any of them should inioye it or no, but takeing the
case as it is, wheither a will by word of moueth, witnessed but by
one witnes wch is a ptye, haueing a considerable part of the
deceaseds estate, as appeares, (thoughe she mentioneth it not




452           NEW HAVEN COLONY RECORDS.          [1649
in her owne testimoney,) shall ouerthrow a will written and
witnessed by one vpon oath wch is not interested.
The court declared themselues that as the case stands, they
conceive that Phillip Galpin hath the best right to the wages,
& therfore order Mr. Leach to paye it to him, but with condition that Phillip give in securitie to Mr. Leach to beare him
harmless against all future claimes.
Mr. Leach desired that he might be paide that wch the court
ordered him to have out of Robert Parsons estate. Mr. Attwater, to whome ye estate was comitted, was ordered to make vp
that accot, that Mr. Leach might be paide at or before ye next
court.
John Coopr informed the court that ther is sundry catle
haue bine pounded, weh is to be paid by divers men whoe
owned the fence was then downe, a prsented 3 notes, wherin
it appeared that ther was 12 cowes & 5 horses to be paid by
Mr. Leach, Mr. Malbon & Thom: Kimberly & the quarter
gate; & 29 cowes vpon Thom: Mlunson, Mr. Gilbert & Jeremiah How; & 25 cowes vpon Mr. Malbon, Mr. Leach & ye
qrt' gate. The court ordred that the poundage be pd by these
men, it being equally devided, according to the generall courts
order, & what damadge is done they whoe haue received it
may require it beside.
Richard Platt declareth that he sold a peell of land to
Ralph Dayton, pt of his first devission, & all his second, & 4
aers of meddow, & would haue passed it ouer to him in ye
court, but he would not haue it passed ouer to him, because it
would, (he said,) be some prejudice to him, but said he would
take order wth the treasurer to see ye rates should be paide.
Ralph Dayton saith that he acknowledges he bought the land
& they differ not aboute the paye, but he would haue ye land
laid out & passed oner to him, butted & bounded wher it lyes.
The plant' said he told him it was not laid out, but he must
take it wher it falles, but for the first devission, he ptly knew
wher it was, on ye other side of ye West River. For ye meddow, it was pt in Mr. Malbons meddow and pt in Sollatarie
Cove, and the second devident he thought might fall aboute ye
sheppards penn, & produced Mr. Wakeman for a witnes, whoe




1649]         NEW HAVEN COLONY RECORDS.             453
saith that he cannot speake to ye bargaine, but Goodman
Dayton spake to him asking him wher it was, showing therby
that Goodman Platt did not determine the place, but mentioned the sheppards penn, as if Goodman Platt informed him
that it might fall ther.
The court told Goodman Dayton that it appeares by this
testimoneythat he bought Goodman Platts interest in this
land, hopeing the 2d devident would fall aboute ye shepards
penn, for if he bought land wch he knew was not laid out,
how could he looke to haue it butted & bounded. He was
asked if he had any witnes to cleare his case any more. I-ee
said no, whervpon the court ordered that Ralph Dayton take
ye land sold him by Richard Platt & haue it entred in the
court & paye rates for it to the towne.
Mr. Leach was fined 12d for absenc at a generall court.
Henry Pecke, Robert Basset & Thomas Barnes was fined
each of them 5s, because they are not provided wth each man
a ladder for his house, to stand by his chimny, thoughe they
haue had warning oft times in ye generall court, & pticulerly
by ye marshall.
Mr. Malbon, Mr. Pery, Ed. Wigglesworth was allso wthout
ladders & must answer it.
Edward Campe & Henry Bishop was allso complained of
for want of ladders, but the court saw cause to pase it by, because Ed. Campe said he had one, but it was not in sight when
ye marshall was ther, & Hen. Bishop hath lived at farme, &
hath hired a house for a litle while, & is now goeing fortlie of
the towne.
Mr. Goodanhousen was called to put in securitie for the
portiones of his wives chilldren, but vpon his desire the court
gave him libbertie to consider of it till next court.
AT A COURT HELDE AT NEWHAUEN THE FIRST OF MAYE 1649.
Mr. Evane informed the court that their is some lands he hath
formerly passed ouer in this court to divers men whoe paye
rates for them, yet he is not discharged of it in the treasurers




454           NEW HAVEN COLONY RECORDS.            [1649
booke. It was said some of the allinations was not cleare,
whervpon search was made and it was onely in 16~ aers passed
to Anthony Tompson, wch was sold to foure men & so should
have bine entred, wch Mr. Evanc was desired to cleare before
the rates for that can bee altered, for ye rest they are cleare &
must be charged accordingly.
Mr. Evanc passeth ouer to Mr. Goodyeare 110 acrs of land,
wch is all the second devission wch belonged to Mr. Trobridge
his lott, lying on ye west side.
Mr. Newmans and Mr. Clhefinches q~iarters was fined 5s
for letting the gate of their quartefr lye downe and not keeping it vp according to order.
[237]  If John Cooppr informed the court that he was ordered
by them the last court to receive of Mr. Malbons quarter 5s for
poundage of catle wch came in at the quarter gate; and sine
ther is 5s 4d more for poundage of catle wch cam in ther allso,
but he cannot get it, nor knowes he of whome to require it,
whervpon Mr. Gilbert and Mr. Crane were desired to take
some order to get the quarter to meete and setle some course
howe damadges may be paid when they come that waye, &
how Jno Cooppr may be pd this 10s 4d due at prsent, for the
court is vnwilling to take distresses, wch they must doe if
they cannot prevent disorder other wayes.
Mr. John Cefinch and Samuell Cefinch were complained of
for their fenc being defective. It was answered Mr. Cefinch is
not well, therfore not in court, but Samuell said hee had bine
carefull to keepe his vp and had taken order to haue habue his
made sufficient, but because Mr. Jno Cefinch is not heare, the
court respited it till next court, & wished Samuell Cefinch to
tell his brother.
John Cooppr was advised to view all the fences well, and
wher he sees them failing & not likely to keepe catle out of
the corne, that he warne the owner of them, & if they be not
mended sufficiently betwixt this and the next court, that they
then be warned to answer it.
James Till was called to answer for a contempt against the
court, for being warned to appeare the last court, as himselfe
confeseth & owneth, he said he knew no busines he had their




1649]         NEW HAVEN COLONY RECORDS.             455
& would not come, but now confeseth it was his ignoranc
and foolishnes, but was told it was his stubborne disorderly
spirit, wlh he must be punished for.
Hee was further charged wth suspition of doeing some
worke aboute mending his fenc vpon the Saboth day, wch
appeared probable vpon this ground, first by his telling lyes,
saying to Thomas Wheeler senior he had sett some of it vp
vpon the last day at night, wch was not true, as he now confeseth, and then saying he was at it vpon the second day
morning by that time it was day light, and yett it was proved
to his face and he could not deney it, that he was in the
towne and not gone to his fenc when the sunn was halfe an
houre highe, and Thomas Wheeler affirmes he came to him &
said the worke was done on ye second day morning by that
time the sunn was two houres high at most, and he conceives
that the worke done would take vp a man halfe a day, and
Jno Cooppr said three houres at least, so that it is probable.
but not cleare, that pt of it was done vpon the Saboth, but the
court, leaving that, for his lying and contempt of the court,
sentenced James Till to bee severly whipped.
Thomas Jeffery informed the court that ther was some
goodes taken vp by John Griffen of Mr. Pell, for ye vse of the
boate wherin Jno Griffen and himselfe were ptners, comeing to
54s, and he pd his pt wch was 16s, to Jno Griffen, as his wife
can testifye, and Jno Griffen should have discharged it to Mr.
Pell but hath not, and now Mr. Pell requires it of him. Mr.
Pell said ther was so much due, but he hath received of Jno
Griffen, by fraight of goods, 11 11s 10d, and the rest he
requires of Thomas Jeffery as the survivinge man. It was
asked Thomas Jeffery if ther was any thing in wrighting to
make this appeare, he said he knew not, but ther was many
paprs & bookes wch maye be looked vpon, and the treasurer
and secretarie were desired to search those bookes & paprs, to
see what they can find out aboute his estate, and about this
matter in pticular, & then the court will order how Mr. Pell
shall be paide.
Mr. Pell informed the court that ther was some things in
Robert Parsons house which he was to take awaye, and to




456          NEW HAVEN COLONY RECORDS.            [1649
cleare it showed the award or arbitration betwixt John Budd
and himselfe, vnder the hand of Mr. William Wells and Thom:
Munson, wherby it appeared he was to take away a bedsted in
ye leantooe of the said house and one in ye chamber, & two
lockes, some bages of woole, & some hopp-roots & hoppooles,
but is tyed so to take these things away that he deface not the
freehold, and Richard Miles was desired to tell William Pecke,
whoe is now in ye house, that Mr. Pell hath libbertie to take
awaye these things, not defaceing the house, and if William
Pecke will buy them of Mr. Pell for his owne conveniency he
maye.
Mr. Pell was told he hath bine sundrye times warned to this
court aboute a fine laide vpon him by the court of magistrats
for ye jurisdiction, but he hath neither appeared at any
monthly court hear till this, nor brought his fine, nor sent it
by Thomas Powell whoe one appeared for him, and thoughe
at one court it was said he was wthout, yett he made not his
appearanc before the court, and so from time to time hath bine
warned but hath not appeared, he was asked if he had now
brought his fines, he said no. The court required that lee
now give his answer to these miscariages and contempts. Hee
desired that seeing the court of magistrats was so neare he
might have libbertie to give his answer then, wch the court
granted, and wished him to take this as a sufficient warning
then & ther to make his appearance wthout fayle.
John Bishop & Sam  Hodgkines were complained of for
sleeping in ther watch, but their occaisions being such as at
prsent they cannot be heare now, it was respited till the next
court.
[238]  A GENERALL COURT THE 14th OF MAYE 1649.
Samuell Ceffinch and Joseph Pecke were admitted members
of this court, and received the freemans charge.
Mr. Crane and Francis Newman were chossen deputies for
ye next jurisdiction generall court.
Mr. Gibbard, Mr. Crane, Richard Miles and Francis Newman were chosen deputies for ye towne court of Newhaven
for ye yeare ensuing.




1649]          NEW HAVEN COLONY RECORDS.               457
Mr. Gibbard was chosen treasurer for ye towne of Newhaven for ye yeare ensuing.
Francis Newman was chossen secretarie  for ye yeere
Thomas Kimberly was chosen marshall   ensuing.
The millitary officers, wth lMr. Gibbard & Mr. Atwater,
were desired & appoynted by ye court to treate wth ye drumer
about his druming and maintayning ye towne drumes, viewing them in what case they are, and reporte to the court how
they finde things.
Leivtennant Seely made a motion to ye court that they
would be pleased to accept off ye service he had done in ye
towne in ye place of a leivtennant for the time past, anid that
they would be pleased to clluse some other to supply the place
for the time to come, for he findes it not comfortable for his
family, nor pleaseing to his owne spirit to hold it as the case
standes.  Hee doth not desire to put the towne vpon charge
in point of any sollary, yett leaves it to themselues to doe as
they shall see cause, proffessing it is an affliction to him to
wthdrawe from this societies but their is a waye open for hinm,
and he desires to attend providenc in it, if he cannot see a
waye of comfortable subsistanc here.  After much debate, it
was agreed that it should be respited till the jurisdiction generall court and bee propounded to them to see if they will doe any
thing in it, that he maye not goe out off the jurisdiction.
It was ordred that Mr. Theophilus Eaton, gouerner, be for
ye time to come freed from  payeing his yearly rates to ye
towne.
It was ordred that Mr. Robert Newman, ruling elder, be for
the time to come, freed from  payeing his yearly rates to the
towne.
The pticular court were chosen as a comittee to issue the
matter concerning seamen & ship carpenters, wheither they
should watch & trayne or noe.
The comittee formerly chosen to consider aboute makeing
of wharfes, & a bridge ouer ye moueth of ye creeke against
Phillip Leekes, were desired to issue it.  Allso it was reffered
to them to order some course to be taken for clearing the flats
of some loggs & pyles & stons, wch the court was informed
58




458            NEW HAVEN COLONY RECORDS.            [1649
lye vp & downe, wherby vessells that come in ar in danger of
being hurt.
Mr. Evane made a motion to the court that Sariant Andrewes might have libbertie to keepe a timber yard, to provide
timber for shipping & repairing of vessells, and that he might
have libbertie to cut timber vpon the towne common for that
purpose. The court was willing to incouradge the thing, yett
not willing to make a full grant at prsent, but for his incouradgment gave him libbertie to take what trees are vpon thle towne
common which the tanners have failed & barked that maye
be for that vse, and libbertie to cut six or tenn trees more for
that purpose, provided it be wthout the two mile & in no mans
pprietie.
The Governer informed the court that he heares that William Davis & those two that was his men, vizd Henry Bristow
& Jno Winston haue falled a great deale of timber wthout
leave, wch was by an order to be marked & reserved for the
townes vse. William Andrewes said that he heard it spoken
of in ye towne as an offell against William Davis, that he
wch helpes to make the order presently goes and breakes it;
and he conceives that the damadge to the towne is very great
by his falling those trees, for he doth not know where a man
can goe wthin five miles of ye towne to finde so much such
timber, but it was reffered to the pticular court. Much debate their was wheither it would not suit that the cooprs
should fall their timber at that time of the yeare when tile
barke will peele of & be good for the tanners.  Phillip Leeke
said the wormes would eat it so as it would be vnservicable
for makeing of liquid vessell. Nickholas Elsy said lie thought
not, & so said some others in ye court. But in regard the
season is now allhost past for tanners, the court thought fitt to
reffer it to further consideration, provided that all orders concerning falling of timber now in being, stand in fnll force.
William  Paine, Jno Gibbs, Thom: Wheeler, & Francis
Browne had libbertie to depart ye court.
It was propounded that something might be pd to tihe
towne towards bearing publique charge, for each tree that is
failed vpon the townes land, but it was respited for prsent.




1649]          NEW HAVEN COLONY RECORDS.             459
Henry Pecke had libbertie to take of that timber wch the
tanners have falled, for his vse in his trade.
[239]  IlHenry Morrell had libbertie to inlarge his home lott
[into oystershellfeild] the length of his iott.
Jno Coopr is ordered to drive ye necke, & to pound
those catell wch are not orderly put in.
The court remitted a fine of 20s laid vpon Jno Vincon,
Joseph Allsop & Andrew Low.
Thev wch were behinde in ther rates were desired to bring
them in to the treasurer.
William Andrewes desired the court that they would put an
issue to ye matter concerning the land wehl was viewed on
behalfe of himselfe & John Cooppr, Sariant Beckly, Isacke
Whithead & Nathanil Merriman on ye Indian side beyond
Sollitary Cove.  Those that were appointed to view were
desired to informe the court how they found things. Leivtenant Seely said he thought the towne might grant it them, & so
said Henry Lendall & Francis Newman, so yt the farmers meddowes might be secured firom their cattell spoyling them. Mr.
Crane, & Mr. Ling & Mr. Tuttill opposed it & said it would
spoyle their farmes, yett if they might have comnmon in ye
necke wth them & haue ther nzedow secured, they were willing, but they wllh propounded for it were not willing to take
it vpon those termes. After much debate, the matter was
left that they might speake privatly together aboute it, but the
farmers were told that if they hinder the towne from disposing of the land for them to make vse of, the towne will expect
the same rates from them that these offer to paye, that is, for
all ye medow and 50 or 60 acrs of vpland, or more if it be
taken in for planting land.
Sariant Munson informed the court that James Russells,
being a watchman, pleads to be excused, because, by reason
of some lameness in one of his hands, he cannot discharge his
gunn. Hee was answered and James Russell told the he
must hire, or else ye sariant must hire for him whatever he
gives & he must paye it, and therfore he had better agree wth
some one himselfe to doe it for him who maye bee approved
by the sariant.




460             NEW HAVEN COLONY RECORDS.               [1649
John Cefinch passeth ouer to Samuell Ceffinch the home
lot he had of ye towne, being two acers; 36 acrs 6 rod of land
of ye first devision wthin ye 2 mile; all his land in ye necke
being 13 acrs & I; 14 acr'S   20 rod of medow; and 36 acrs &
~ of his second devision.
Edward Banister paseth ouer to William Basset ye 7th of
Nouembr, 1648, 12 aers of land in ye subverbs qrt' on this sid
ye West River, & 7 aCrs of land of ye first devision on ye other
sid ye West River, and three accs of medow  in ye West
medow & 24 acrs of ye second devision in ye subverbs qrt'.
The 7th of December, 1647, John Chapman passeth ouer to
IMr. Leach his house, home lott & common, wth 27 acrs I of
vpland wthin ye 2 mile, & 11 acrs of medow lying in ye mill
medow, butting on end vpon ye vpland ground, ye other end
vpon ye river betwixt ye medow of Mr. Gilbert & that weh was
laid out to an elders lot.
Mr. Leach paseth ouer to Thomas Kimberly the same peell
of land, both vpland and medowe, being 272 acrs, & 11 acrS of
medow.
[There was a general court of election for the Jurisdiction held on the 30th of May,
1649, and also, as we learn from the records of the town of Guilford, a court of Magistrates, upon the same day. The certificate of the appointment of Theophilus Eaton
and John Astwood as commissioners, signed by Francis Newman, Secretarie, is preserved in the archives of Massachusetts.
For some of the proceedings of this General Court see post, p. 463, note.]
A GENERALL COURT THE 11th OF JUNE, 1649.
Mr. Evanc desired libbertie for Thomas Moris & Nathaniell
Merriman to depart ye court, to goe to doe a litle worke to a
vessell wch laye loaden & was ready to goe awaye, and they
had libbertie.
Robert Martin and Jno Benham desired libbertie to dept ye
court & had it.
Jno Thomas allso to goe cary some phisicke to one that was
sicke.
The Governer acquainted the court that the principall
ocaision of this court was aboute Nehemiah Snmith the shep



1649]           NEW HAVEN COLONY RECORDS.                 461
pard, whoe is willing if he maye be accommodated heare to
come hither & bring ye flocke of sheep wth him, both them yt
belonge to ye towne and his owne allso, thoughe not willing to
keepe the townes sheepe because of some weakeness he finds
vpon himselfe, but he shall sell some of his owne & keepe
aboute 20 or 30 himselfe, and therfore propounds that he
might have land wher he formerly propounded for it; that is,
twenty acrs of vpland at ye sheppards penn & 10 acrs of meddow in Oyster River meddow.
Affter much debate it wa's voted that he should have 20
acrs of vpland vpon sheppards hill, & 10 acrs of meddowe in
Oyster River meddow for his proprietie, and for the rest of his
commonage he must fall vnder ye rules of a planter as other
planters doe.'
And order made by this court the 5th  of July, 1647, concerning the necke was reade and confeirmled, and ye comittee
then chosen to 6onsider of clearing ye necke for ye sheepe was
desired to meete and consider what is needfull to be done for
ye prselnt against the sheepe come, and wheras'William Preston, one of ye former comittee, is dead, Henry Lendall was
chosen in his roome.
Leivtenante Seely desired the court that they would chuse
another leivtenant for he finds it inconvenient to his family to
hold ye place.  Jno Moss propounded to the court to knowe if
ye sallary given by the Jurisdiction for attending the gunns
[240]  cannot bee 11 [given to] Leivtenant Seely, he was told
that the sallary [was offered Leiut] Seely before it was disposed
of other wayes, but now this court cannot alter the generall
courts order.  Leivtenant Seely was desired to consider of it
for a fortnight when their would be another generall court; in
ye meane time it was propounded- that the men in ye towne
would vnderwright what they would give towards ye maintaynanc of Leivtenant Seely in his place, wch satisfyed him for
ye prsent.
In the margin, " At a towne meeting ye 13th of May, 1650, it was voted yt yt clause
in this order of keeping 20 or 30 sheepe should be of no force, but that he keepe what
sheep he sees meete selling some to ye towne, and when ye towne sees cause to stint
themselues in other catle, that then he be stinted also as others planters."
Nehemiah Smith removed to New London about 1652.




462           NEW HAVEN COLONY RECORDS.           [1649
Mr. Robert Newman desired that he might have 12 plankes
that are the townes at ye west bridge, and lie would either paye
the towne for them, or give them 12 as good againe. The
court being informed by William Andrewes that the towne
might spare them for the present, agreed he should have them
according to his proposition.
It was propounded that the necke bridge and west bridge
might be mended, William Andrewes said vnles workemen
call have come, they cannot worke, Mr. Evane said rather
then the worke should cease to ye indangering of ye bridges
he would lend ye towne fifty shillings worth or 31 worth of
come, so it was agreed that the worke should goe one.
Thomas Kimberly acknowledge a sinnfull miscariage of his
aboute a prisoner sent by the governoer to the Duch governer
by Jeremiah How, first that he said of his owne head to Jeremiah How, that it would be a deed of charitie if lie let ye prisoner escape so no hurt might come to ye jurisdiction, secondly
yt concerning a letter sent by the governer to the Duch governer, he said to Jeremiah How that if ye prisoner escaped, he
hoped he would have more witt then to deliver the letter.
And wheras it is said that he should express something as if
ye governer was content ye prisoner should escape, which was
no such thing, nor doth he remember that he spake so, but lie
falls vnder testimoney. These things he acknowledgeth was
a breach of ye 6th & 9th commandements, and great vnfaithfullness in ye trust comitted to him. The governer declared
himselfe satisfyed, hopeing it will bee a warning for time to
come, and no other objected against it.
It was desired that the collectors for ye colledge come ye
yeare last past & ye yeare before that would cleare matters
wth Mr. Evane and bring to him ye corne they have that it
maye now be sent, and what wamponme they have allso and lie
will send provissions for it.




1649]               NEW HAVEN COLONY RECORDS.                            463
A GENERALL COURTE THE 25th OF JUNE, 1649.
Thomas Wheeler senior was admitted a member of this
court.and received ye freemans charge.
The orders of the last generall court for ye jurisdiction  was
read, in which it appred that the plantation of Southold vpon
Long Island are to have that plantation  made  ouer to  them,
and seeing it was purchased by this towne, it is by this towne
to be made oner to  them, whervpon  it being  propounded, it
was voted by this court that they doe relinquish all their right
and desire it maye bee made ouer to them, either by deed or
otherwise by act of court, provided  that it be still kept wthin
this jurisdiction.'
The Gouerner informed the court that ye comittee they appointed to consider of cleering the necke have mett, and thinke
that it would  be profitable  for ye towne  that it should  bee
cleared for oxen and sheepe, but because it is now  neare harvest, and mens ocasions will not give waye to  doe it all now,
that therfore every planter in the towne would goe or send a
man a day, wch they thinke maye doe inough for ye prsent, and
"At a general court held at New Haven for the jurisdiction, the 30th May, 1649.
The freemen of Southold desired that the purchase of their plantation might be made
over to them. The court told them that they are free to make over to them what
right they have, either by a deed or an act in court, that it might stand upon to free
them from all future claymes from themselves, or any under them, as themselves upon
consideration shall propound or desire. Mr. Wells being questioned about some land
he had received of some Indians in Long Island by way of gift, in which Mr. Odell of
Southampton hath a part, and himself did draw a deed, wherein the land was passed
over from the Indians to them, which is contrary to an order made in this jurisdiction.
Against which carriage the court showed their dislike. But Mr. Wells doth now before
the court fully resign up all his interest in that land to the jurisdiction, and will be
ready to give a deed to declare it when it shall be demanded of him. Mr. Youngs
informed the court that they at Southold had, according to order, purchased a plantation westward from the Southold, about eight miles, of the Indians, which, by the
best information they can get, are known to be the right owners of that land, called
by the name of lc1attatuck and AqJuaboszce, and this for the jurisdiction of New Haven
and Connecticut; which purchase comes to, in the whole, six pounds six shillings; the
particulars how it arises, being expressed in the deed, which they desired might be
repayd; and accordingly the treasurer had an order from the court, and did pay it to
them. Likewise Lieutenant Budd spoke of another purchase that was made, but did
not give full information, nor a perfect account thereof.' 
The above note is taken from Thompson's History of Long Island, 2d ed. vol. i. p.
378, but Mr. Thompson gives us no indication of the source whence he derived the
citation, and the editor has not hitherto succeeded in discovering it.




464            NEW HAVEN COLONY RECORDS.            [1649
the comittee that they might incouradge ye worke, have allready all gon themselues or sent a man a day, except one
whose ocasions would not then pmitt, but is now ready.  It
was desired that those whoe was willing to goe would now
give in ther names, whervpon sundery did, a note wherof is in
ye secretaries hand.
The Gouerner acquainted the court that the comittee they
appointed to consider of seamen and shippearpenters watching
and trayning have done it, whervpon a note vnder Mr. Winthrops hand, then governer in ye Baye, sent for by order of this
court to know what ther order is ther aboute these things,
wch was read being as followeth,
Persons exempt from trayning & watching & warding by ye
Massachusetts law, as Mr. Winthrope certifyed July ye 14th,
1648.
Magistrats, deputies, elders of churches, deacons, the president, fellowes, students and officers of Harvard Colledg, all
proffessed schoolemrasters allowed by two magistrats, the treasurer, the auditor generall, the surveyour generall, publique
notaries, phisitians & surgeons allowed by two magistrats,
masters of shipps and other vessells aboue 20 tunne, nillers
and such other as shall be discharged by any court for bodily
infirmity or other reasonable cause. But thler sonns and servants are not freed, except on servant allowed to every magistrate & teaching elder.  Such as keepe familyes at remote
farmes shall not bee compellable to send ther servants to
watch or ward in ye townes.  But all psons exempt &c, shall
have compleate armes &c. in ther houses, except magistrats
and teaching elders.  Wee had a law for seamen & shipcarpenters & fishermen, to trayne onely twice a yeare, (& so is our
practise) but I finde it not in our new booke of lawes, so that
I feare it is omitted through some ouersight.  The officers of
our courts are allso exempted.
Jno Winthrop.
wth which the court closed, wth some little alteration, first
wheras mention is made of remote farmes, the court thinks it
should be limited to those wthout ye two mile, and for masters
of vessells of 20 tunne, they thinke for incouraging seamen it
maye be limited to 15 tunn and vpward here.
[241]  11 For other seamen and all shipp carpenters, [that]
they watch as others doe and trayne twice a yeere. And to




1649]         NEW HAVEN COLONY RECORDS.              465
distinguish whoe are seamen &. ship-carpenters, it is left to
the pticular court to judge.
The court considered of what was propounded and written,
and ordered that, wth the alterations before exprest, it should
be here practised as is before expressed in ye note from Mr.
Winthrop.
Vpon Robert Bassets desire to be freed from watching because he is drumer to ye towie & to attend his place as drumer if ther should be ain allarum in ye night, wch if he be vpon
the watch he cannot doe, Leivtenant Seely said it is not vsall
for drumers to watch vpon any court of gaurd as common
watchmen, but to attend ther place as drumer if their be
ocasion. The court for ye prsent saw cause to free him, wishing him yt if at any time he doth goe forth of towne he provide another drumer to supply his place and attend his worke
as drumer to ye towne, yt they be not left destitute.
It was propounded to know what armes is proper for every
officer of the millitary company to have, which was left to the
officers themselues to consider & informe ye court.
William Judson desired that he might be freed from watching, but nothing was done, but he reffered to ye order formerly made.
It was propounded that the oxe pasture might be fenced at
the townes charge, and whither it would not be profitable to
ye towne that it should be planted three or 4 yeares & after
laid againe for an ox pasture, and it was reffered to the consideration of ye comittee chosen for rates the 10th of March,
1648, (the pticular court excepted,) vizd Mr. Gilbert, Mr.
Wakeman, Henry Lendall, William Davis, Mr. Atwatter, Jervic Boykin, Mr. Ling, Mr. Tuttill, Mathew Camfeild, Francis
Browne, & yt they informe ye court what they judge of it.
Andrew Low desired the court to consider of severall fines,
amounting to 44s, for his fene being downe, but nothing was
done in it at prsent.
It was refered to the pticular court to consider of some that
might take the estates of any which dye in ye towne and
leaves no order aboute ther estates. Instane was given in ye
estate of Robert Bsons, William Ball, Lawranc Watts, & what
59




466           NEW HAVEN COLONY RECORDS.           [1649
other maye bee, the treasurer desired that he might not be
troubled wth them.
The Gouerner informed the court that he hath heard some
complaints aboute the smallness of bread that is made and sold
in ye towne, and therfore thinkes that some course must be
taken that it maye be sized, that the baker maye have a due
profit & the buyer not wronged. It was inquired whoe had
any booke that might give any light concerning the sizing of
bread. Jno Brockett said he had one, and was desired to
cary it to the governer whoe was desired to prepare this matter against ye pticular court.
Leivtenant Seely desired the court that they would chuse
another leivtenant for his occasions require hime to laye it
downe. The court told him they saw no cause nor should
chuse any other so long as he remained in ye towne amonge
them, and the foure sarjants were desired to take some paines
to see what men would vnderwright as it was spoken ye last
court.
John Walker & Thomas Mitchell were chosen veiwers for
ye fene at plaines for ye yeare ensuing.
John Cooppr desired that ther might be a man appointed in
each quarter to know what quantity of corne every man hath
sowen or planted this yeere, that he is to be pd for. And Jno
Cooppr propounded, and the court appoynted Francis Newman for Mr. Eatons quarter, Mr. Ling for Mr. Newmans quarter, Jervic Boykine for Mr. Ceffinch his quarter, Robert Johnson for Mr. Evane his quart', Jno Megg's for Mr. Evanc his
lott, Mr. Wakeman for that quat', Richard Miles for yt quart',
Henry Lendall for that quart', Mathew Camfeild for ye subverbs on ye other side the creeke, Sam: Whithead for those
on this side, Thomas Nash for Mr. Davenports quart', Thom
Munson for Oystershell feild & those that live by the east
creeke & on the banke side. To wch men every on wch lives
in the quarter is to bring in ye number of acrs of come planted
or sowen by them or for them in any feild wthin the two mile,
betwixt this and this day senit, vpon ye penaltie for each acr so
neglected 4d. And if any shall deale falsly, bringing in less




1649]          NEW HAVEN COLONY RECORDS.              467
then he hath, wth a purpose to deceive, he shall be vnder such
punishment as the pticular court shall judge meete.
A COURT AT NEWHAVEN THE 3th OF JULY, 1649. Capt. Astwood and
Mr. Disbrowe being
p'sent wth this courte.
Mr. Evanc declareth in an action of debte for 2551 sterling,
disbursed upon the shipp Swallow, which is now possessed by
Mr. Westerhousen, for which somie Daniell Peirse, merchant
and pt owner of ye said shipp, binds hilmselfe and owners, wth
the shipp & all the furniture to her belonging, for securitie, to
be paide at Barbadoes in cotton woole, as appeares by a bill
subscribed by Daniell Peirse mrchant and Steeven Reekes
master of ye saide vessell, witnessed by Mr. Theophilus Eaton,
& Mr. John Davenport, by which bill he conceives he is to be
paide the money by the shipp, for the money was expended
vpon the shipp, wthout which she was not fitt to proceede vpon
any voyage, and vpon this ground he demandeth the vessell.
[242]  fI Mr. Westerhousen in answer delivered [in]to ye
court certayne of the proceedings of the court in Vergenia,
wth an inv[oyc]e of shipp & goods, and a testimoney from ye
shreiffe wch seized the shipp and delivered it to ye marriners,
wch was now reade in court, by which it appeared that the
marriners seized the shipp for wages, and by a legall tryall
recovered it, and had it delivered to thein by ye shriffe.
After which the marriners being possessed of the shipp sold
to Mr. Westerhousen, & now stand to pleade their right in the
shipp by vertue of ye order of ye court at Vergenia. The
marriners were told that here is nothing ill ye wrightings from
Vergenia mentioning Mr. Evanc, nor doth it appeare that any
pleaded for Mr. Evanc nor any copie of it. They said that
Mr. Benit, Mr. Evanc his atturney, pleaded for him and was
in court when the cause was cast, but they had nothing to doe
to bring'other mens wrightings.
Mr. Evanc replyed that he conceives he hath proved that
the shipp Swallow was made ouer to him by master, merchant
& purser, and that this was done, (they saye themselues,) the
purser told them, & wthout this money the shipp could not




468           NEW HAVEN COLONY RECORDS.           [1649
have proceeded vpon any voyage. Likewise it is cleare that
the mens wages, which is the onely plea, was pd out of the
moneys disbursed by Mr. Evanc & cleered when they went
henc, for they themselues demand but 2491, and they have
bine out from henc 13 monthes, and ther wages is but 201 a
month, so that the wages must be cleared when they depted.
And seing they knew that the shipp was made ouer, they
might have chosen whither they would have gone or no,
and that so much was disbursed vpon her appeared by a note
prsented in court.
The Governer propounded to ye marriners, put case a shipp
is vpon a voyage, and puting in at a port by the way, throughe
some stress of weather, wants a nev suit of sayles, or a cable
& anchor, the marriners buy them and ingage to make payement at her port of discharge, if ther the ship shall come to
be sold for mens wages, shall these sayles paye them ther
wages, which they could not have earned wthout them, or
suppose a shipp comes into a harboure, wants repaire, a workeman workes vpon the shipp, earnes 201, but before the shipp
goes awaye, ther falls a differenc & men call for wages & the
shipp comes to be sold, shall not the carpenter be paide for his
worke. They could not saye but it is equall he should, but
yett they saide that the shipp is theirs by order of ye court of
Vergenia.
The plantiffe and defendant having no more to say, the
court proceeded to sentenc, and they find that had the shipp
arived in due season at Barbadoes, Mr. Evanc might have
required his debte from the owners, & the shipp, wth her furniture, was ingaged for it, yett wheither the shipp be considered as belonging to ye former owners, or as new morgaged
or sould to Mr. Evanc, and by his consent & wth some goods
of his goeing forth towards Barbadoes, God, by an afflicting
providenc, keeping her at sea & from her port at Barbadoes
till marriners wages have eatton out her vallew, she putting
in at Vergenia, giving over her voyage and being arrested
vpon other accots & ingagements, the marriners had, (as the
case stood,) ye first & cheife right to their wages, and ye
rather in this case, because the tennour & import of Mr.




1649]          NEW HAVEN COLONY RECORDS.              469
Evanc his deede is to secure his debte from ye owners by the
shipp & her furniture, not from the marriners out of ye wages
which should grow due from henc to the Barbadoes or any
other port. They saw not therfore how they could justly dispossess the marriners, (or Mr. Westerhousen claiming from
or vnder them,) of the shipp granted them by sentenc of court
in Virginea.
Robert Newman, plant'       Mr. Newman declareth that he
[Rob] ert Basset, defendt' being intrusted to dispose of Mris
Wilkes estate, sold Robert Basset her house for 401 and past
it ouer to him in this court, to be paide halfe of it the 29th of
September last past, and ye other halfe ye first of May last,
but none is paide but 51 a litle while agoe, and now Robert
Basset would have him take ye house againe, wch he cannot
doe but wth wronge to others, being but a trustee in the
buisnes.
Robert Basset said he was disabled by some loss he hath
had, and if he should ingage himselfe for further security, he
might bring further trouble, and he doubts wheither lie shall
ever be able to paye for it or no, but is willing to submitt to
any loss the court shall thinke meete, for he acknowledgeth
the bargaine, and so leaves it.
The court declared that they neither made nor calln breake
the bargaine, and therfore if betwixt this and ye next court
satisfaction be not given, execution must goe forth if it be
desired.
Thomas Meekes and Rebecka Turner was called before ye
court to answer to their sinfull miscariag in matter of fornication, wth sundry lyes added therto by them both in a grose
and hainiouse manner.  The matter hauing bine formerly
[heard before the] gouerner in a private way, wch was now de[243] clared to ye court ljin ther prsenc, and they called to
answer. Thomas Meekes said he could say nothing against
whath bine declared but it is true, and he desires to judge and
condeme himselfe for it in ye sight of God and his people.
And for Rebecka Turner, she acknowledg the things ye
charged was true, and though she had saide Thomas Meekes




470           NEW HAVEN COLONY RECORDS.             [1649
had had to doe wth her but once, yett it was oftener, as she
now saith.
The Gouerner further declared to ye court, that he hath
heard of sundry passages wch render Mr. Westerhousen suspicious in this buisnes, first that Rebecka should say that she
could not love Mr. Goodanhousen, but she could love Mr.
Westerhousen.  Mr. Westerhousen answered that she said
not so to him, she said allso that it was not to him but to
some body in ye house.  Secondly that Mr. Westerhousen
should say to her that if his wife was deade, he would make
her his wife. Mr. Westerhousen answered that he said not so.
She said it is true that she said so, but cannot tell but she
might be mistaken, web ye court witnessed against in her.
Thirdly that he gaue her sundry gifts to a considerable vallew, insomuch that Mr. Goodanhousen, her father, was
troubled at it, and told 3Mr. Westerhousen that lie could maintayne his daughter wthout his gifts.  Mr. WVesterhouse said
it was at ye faire, and then Mr. Peirse gaue her lace for a
handkercher, and lie gaue he cloth.
Fourthly that he caried her behinde him to ye farine; he
said that on night she was goeing to ye farme very late, her
mother pittyed her, he bid them sett her behinde him & he
would cary her; and so did.
Fiftly that he mette William Wooden & Henry HIumerstone,
he coming from ye farme, they goeing theither, they asked him
if lie was not at ther farme, or wheither he had not called at
ther farme, to both wch he answered no, yett when they came
home asking iRebecka, she said he was their and she knew not
that he had bine any wher else. Mr. Westerhouse denyed it,
whervpon ther oathes were required.   Mr. Westerhouse
desired the one might be put forth whilst ye other tooke oath,
and it was so.
William Wooden testifyeth vpon oath, that he and Henry
Humerston being together, mett Mr. Westerhousen wthin
ye necke gate, against David Atwaters, he asked him wher he
had bine, lhe said at further farmes.  William asked him, was
yow not at or farme, he said no. William said, did yow not
call ther, he said no, when he came at farmne he asked Rebecka




1649]         NEW HAVEN COLONY RECORDS.               471
if Mr. Westerhouse was not ther, she said yes, & whether he
were any wher else, she said not that she knew of.
Henry Humerstone testifyeth vpon oath, that vpon ye
highway as William Wooden & hee was goeing home to ye
farme, they mett Mr. Westerhousen and asked him  wher he
had bine, he said at ye other farmes beyonde, this deponent
said was yow not at or farme, he said no, did yow not call ther,
he said no, at wch they wondered; when they came at farme
William Wooden asked Rebecka if Mr. Westerhousen was not
ther yt day, she said yes, he asked her if he was any wher
else, she said no, he asked her what he did ther, but what her
answer was he cannot tell.
Sixtly that he hathl line at ye farme in ye same roome wth
her, as Hen: Humerston & Will Wooden say.
The Gouerner told ye court that they haue heard ye severall
passages of ye buisnes concerning Thomas Meekes and Rebecka Turner, wherin beside yC fornication ther hath bine
much impudenc in lying, espicially one his pte, callingiGod to
witness ye truth of a thing wclh himselfe knew to be false, as
he now professeth.  Allso ye passages concernilig Mr. Westerhousen, and what is proved vpon oath, yett not owned by him,
wch leaves ye court much vnsatisfyed.
Matters being thus prepared, before ye court proceeded to
sentencI Mr. Goodanhouse desired to speake, and desired the
court to consider that Rebecka is weake and hath sore breasts
& a froward child, that therfore, if it may be, they would
spare corporall punishment, and if they laid a fine he would
see it paide.
The court having heard and weighed what was spoken proceeded, and ordered that Thomas Meekes be severely whipped
for this folly of siinfull vncleanness, and for his lying and miscariages that way yt lie fined 51.
For Rebecka Turner that she allso be whipped, if in refferenc to herselfe and child it may stand wth due mercy, but
vpon a veiw & search & a report made by the midwife and sister Kimberly, the court saw cause to forbeare that, and ordered her to paye a fine of 101, wch Mr. Goodanhousen promised to paye for her.




472           NEW HAVEN COLONY RECORDS.           [1649
Beniamine Wright, of Guilford, hauing bine, at a court of
magistrats held at Newhauen in May last, charged wth and
proved guilty of sundry grose miscariages, for wch he deserved
seveere correction, but ye court seeing some showe of remorse,
and hoping for better fruit then now they see, vpon Mr. Disburow request, past it by, vpon condition that he should make a full
acknowledgment at Guilford of his severall miscariages, as he
had done in court and promised to doe ther, as appeared
[244]  11 by the proceedings of that court weCh was now read,
but when he came at Guilford and should have made his
acklnowledgmlt, he refused, and in a stubborne and bold way
said he must fall vnder many things because he wanted proofe,
as appeares by a note vnder ye hand of Mr. Leete, Secretary
at Guilford, and said that he had acknowledged he went aboute
to delude the townes order because the gonerner did so threaten
him, as is testifyed by Mr. Leete, Mr. Chittendine & Mr. Jordan, vpon oath taken before Mr. Disbrowe, July 2th, 1649.
Wright was asked what threatening was vsed, but he answered not.  Tee was told that he had bine brought to corporall punishmnt before but yt he made that acknowledgment he
did, and gave hopes of better fruit then appeares, for instead
of doing what he promised, he returnes to his former pride
and stubbornness againe, and when he was bound to appeare
at this court, and put in baile to doe it, he came to ye magistrate and told him plainly he would not come ther, as Mr.
Disbrowe affirmed before him and he denyed it not. Hee was
therfore desired to speake if he could show any reason why he
should not now have sharp punishmt inflicted. Hee said he
can say nothing against it but it is just, for though he had
thoughts when he went from ye court to doe as he had saide,
yett God left him and he returned to his former course againe,
because he was not faithfull to those purposes that God had
put into his heart.
The senteuc of the court concerning Benjamin Wright is
that he bee seveerly whipped heare at Newhauen, and a
month henc at Guilford, and that he paye as a fine to ye jurisdiction, 101, for ye charge & trouble he hath put them too.
Mr. Goodanhousen prsented in court a wrighting by weh it




16'49']       NEW HAVEN COLONY RECORDS.              473
appeared that ther is sundry accounts betwixt Mr. Westerhousen and himselfe weh hee desires may be cleared, and allso a
bill of AM-r. Westerhousens of 901, weh he is to paye to Major
Gibbons for him ye said Sam: Goodanhousen.
Mr. Westerhouse said that Mr. Goodanhouse owes him
money allso, whervpon for the matter of accounts, the gouerner propounded to them that they would put it to arbytration,
that accots might be issued betwixt them, and the matters
ended in a louing way, to wch they both consented, and
before the court chose Mr. Goodyeare, Mr. Evanc, and Mr.
Gilbert for a third man, and they, the said Sam: Goodanhousen & William Westerhousen, binde theniselues in 1001 a pee
to stand to ye arbytration of these three men chosen by themselues shall make, this to begine one ye sixth lday of ye weeke
next, and to be issued by ye last day at night following, and
for ye bill to Major Gibbons, the sentene of ye court is, that
Mr. Westerhousen paye it according to ye bill & ye charges of
this court beside.
Lancelot Fuller, plant',  Lancelot Fuller declared that Mrs.
Fra: Newmnan and his  Newman had wronged his wife, saywife, defendants.   ) ing she had interteined young men
or a young man, (Mr. Stone by name,) in her husbands absenc & made a feast or breakefast for him, & that his wife having heard of it abroad, went to Mrs. Newman & desired nothing but due satisfaction in private, according to ye nature of
ye case. Mrs. Newman said she was sorrey for it, his wife
thought that not sufficient except she clered her where it had
bine spoken, and to her husband when he comes home. Mris
Newman said she knew not how to doe yt, his wife said she
must then learne, whervpon Mrs. Newman told her she were
best hold her tongue & say no more in it, for if she did not
put vp that, it would bring out worse. Lancelot Fuller therfore desired to knowe what that worse is wch it would bring
out.
The court calling for proofe, Mrs. Higenson vpon oath testified that she heard Mris Newman say that Goodwife Fuller
intertayned a young man in her husbands absenc, & made a
diner or a breakfast for him, (Mr. Stone by name.) Being asked
60




474           NEW HAVEN COLONY RECORDS.           [1649
how this came to be published, she answered the elders wife
was prsent when Mrs. Newman spake it, but it came thus,
(as she conceiveth,) to be published; she asked her brother,
Charles Higenson, why he staid out so late and came not
home in seasonable time, he, (as she remembers,) named some
places wher he had bine, as at Mr. Goodanhouse at ye ordinary, & said as he was coming home he went into goodwife
Fullers to take a pipe of tobaco & stayed some time ther,
whervpon she, this deponent, asked him why he did so & did
not come home, she said it would be taken notice of & give
occasion of speech, and thervpon told him whlat she heard,
and ye next Saboth day on asked Charles Higenson to goe
take a pipe of tobaco at Goodwife Fullers, & he would not,
but told him what he had heard.  Goodwife Fuller to this
replyed, that Charles Higenson came in wth her brother, Sam:
Marsh, they having bine together at ye gouerners. She was
asked what was ye reason William Andrewes came theitlher.
She answered he never came late, nor did she let any come
but aboute buisnes, & when ther buisnes was don she bid them
be gone, and would not let them come in if it were late.
[245]  IlLancelot Fuller saith further that Mrs. Newman coming after to his wife, told her she were best hold her tongue
or else it would bring out worse, for proofe Hanah Gregson
testified that Mris Newman said she was sorrey for what she
had spoken and she could doe no more, if Goodwife Fuller
were not satisfied she must goe wthout satisfaction, adding
that would bring out worse. For farther proofe, Abraham
Kimberly vpon oathe testified, that goeing to Goodwife Fullers
for a band, he heard some body talking, and standing still he
saw Mris Newman & heard her saye she was sorrey she had
given such an offenc, or to that purpose. Goodwife Fuller
said that would not serve. Mrs. Newman replyed if she
would not take that for satisfaction she must goe wthout satisfaction, & said yow were best let this dye, for feare least it
bring out more. Lancelot Fuller further declared that when
Francis Newman came to his wife to heale ye buisnes, (as
probably he intended,) he made it worse, charging his wife
wth things he cannot prove, first that she had made a proverb




1649]         NEW HAVEN COLONY RECORDS.             475
& song of ye satisfaction his wife had given, wch his wife denyeth, & secondly Mr. Newman told Goodwife Fuller that she
was one brought to ye court for her tongue, and in a thretning manner said he would tame her tongue, for he knew well
inough what she was, and for proofe brought Rebecka Gregson, who testified that Francis Newman coming to Goodwife
Fullers told her she had made a proverbe & songe of his wives
satisfaction. She said she had not. Mr. Newman affirmed she
had, & said she was one brought into ye court for her tongue
and he would tame her tongue. Goody Fuller denyed that
she was brought into ye court for her tongue, and told him
she should haue scorned to haue told any lyes of them. Mr.
Newman asked if he had told any lyes of her, she said his
wife had, & he and his wife were one. Mr. Newman asked
goodwife Fuller what satisfaction she would haue, she answered she desired to be cleared where she was wronged, and
if any man of wisdome and judgment would say that was satisfaction wch was tendered, she would fall vnder all, she said
she would have put vp that, if his wife, before others, had not
spoken as if ther were some worse thing against her.
Francis Newman declared in court that vnderstanding from
Mr. Higenson that Goodwife Fuller made a proverb of his
wives satisfaction, he went to cleare it, told her what he had
heard, that vpon her denyall it ended wth him, but she fell into
high words. Rebecka Gregson testified that Mr. Newman bid
Goodwife Fuller doe her worst & she bid him doe his worst,
that Goodwife Fuller was high, but not so high as he.
Francis Newman complained that Goodwife Fuller said his
wife was a lyar, and that she would scorne to goe vp & downe
to cary lyes as they did, & when he asked what lyes he caryed
vp & downe, she answered he and his wife were all one, whervpon he told her she was one in ye court for her tongue, & if
she would not rule her tongue he must haue it ruled, he now
added that he apprhended her tongue was ye cause of he being
brought into ye court. Goodwife Fuller declared what had
passed betwixt Fra: Newman and her, & Mr. Newman answered, but both to ye same purpose, as is before expressed.
Lancelot Fuller to clere his wife aboute ye forementioned in



476           NEW HAVEN COLONY RECORDS.             [1649
vitation, informed ye court yt it was hmnselfe (and not his wife)
that invited Mr. Stone and M. Westerhouse wth him to breckfast, and it was by way of returne for intertainment & kindnes
he received from Mr. Stone in ye Bay, and M. Westerhouse
being prsent testified in court, that Lanclot Fuller did invite
Mr. Stone & himselfe to his house.
Vpon due consideration of ye prmises, the court tooke notice
of that passage wher Goodwife Fuller saith she would haue
scorned to goe vp & downe wth lyes, &c. and that she would
haue wrapt vp Mr. Newman in ye guilt, they told her it was
fiom her pride and selfe confidenc, and that vsually leaues
such to miscary, but in refferene to the action as it hath bine
opened & proved, they find that MrS Newman was out of her
way & breake rule in receiving a reproach against a neighbour
from  Mary Pery a girle, that ye spreading of it increased ye
siln, and tended to ye defamation of Goodwife Fuller, & that
the satisfaction tendered was short of what the case required,
not reaching to ye healing of her name so farr as she might
[246]  haue gone, II and that those after passages, if Goodwife Fuller were not satisfied she must goe wthout satisfaction,
and that she were best let this dye for feare it should bring out
more or worse, were full of provocation and did increase ye
offence. Aind for Mlr. Newman, the court also found that he
fell short of his duty, both in not pressing ye rule vpon his
wife, that by due satisfaction the matter might have bine ended
in private, and that himselfe instead of speaking healing words
did vnnecessaryly provoake, in saying Goodwife was onI
brought into ye court for her tongue, & that he would tame
her tongue or must haue it ruled; ye court remembred ye passage aimed at, and that Goody Fuller, (then maid servant to
M. Evanc) was plantife, they caused ye tryall of that action to
be read, and found M. Newman was out of his way in making
such vse of that suit in this case, when he should rather haue
aplyed himselfe to make vp what was defective in his wives
satisfaction, they tllerfore thought fitt and ordered, that Mr.
Newman paye 51 to Launclot Fuller & his wife, to repaire her
in poynt.of injury.




1649]          NEW HAVEN COLONY RECORDS.              477
AT A COURT HELD AT NEWHAVEN THE 7th OF AUGUST, 1649.
Rogger Allen & John Brocket being both warned to watch
neglected and came not. Rogger Allen being in court answered that it is true he had warning but forgott to tell ye
man that he hired to watch for him. For Jno Brocket Mr.
Evanc said hlie was wth him and sent this answer to the court,
tliat he conceives he is exempted from watching by the court
order, but Jno Brocket not being prsent and ye last order
made aboute that not being in court, it was refferred till ye
gouerner come home. For Rogger Allen the court ordered
that he paye ye fine whl is 5s.
Nickholas Slooper for being found asleepe in ye meetinghouse when hee should have bine vpon his watch was fined
2s 6d.
William Judson was fined because his man Jno Knight
came not to trayne one squadron day, 2s 6d, for when his man
would haue gone and told him it was time he wthheld him.
He saith himselfe because lhe went to trayne ye day before
when they trayned not because it rained, yet his man staied
out till night, but was told lhe must looke to his man for that.
Mr. Rudderford & Phillip Galpin were appoynted to prise
ye estate of Addam Beere a Duchman that dyed at William
Andrewes, & yt an inventorie be brought in court.
Mr. Evanc hath sold to Mathew Moulthrop 4 aCrs 26 rod of
Mr. Trobridges first devission of land lying on ye west side.
Mr. Evanc hath sold to Mathias Hitchcocke 4 acrs 26 rod of
Mr. Trobridges first devission of land lying on ye west side.
Mr. Evanc hath sold to William Ives, now possessed by William Basset, 4 acrs 26 rod of Mr. Trobridges first devission of
land lying on ye west side.
William Basset passeth ouer to Robert Emry one house and
barne somtime Edward Banisters, wth 6 acrs & I of vpland on
this side ye West River in ye subverbes quarter, the front to
ye west lane, ye reare to ye midle of ye quarter.  And 3 aers
of meddowe in ye west meddow betweene Jno Clarke & Anthony Tompson, on end butting vpon ye West River, ye other




478           NEW HAVEN COLONY RECORDS.           [1649
end vpon ye quarter; and 30 aers of vpland on ye other side of
ye West River.
Jeremiah Osborne informed the court that Henry Pecke
reported that their maide (Sarah Ollard,) was wth child by
him ye said Jeremiah. Henry Pecke answered that such a
report of ye maid was brought into his house as he tooke it
vp, but vpon examination it proved to be but a supposition,
antd he reported that it was so, but he sees that it was his mistake and his sinn & is sorrey that he was so foolish to speake
so, and for Jeremiah being the father of it, it was his mistake
also, for he hearing some a talking of Jeremiah and the maide,
tooke it vp that they spake of that matter and him to be ye
father, but vpon examination it appeared they spake of no such
thing, but that Jeremiah was to haue her, but vpon this mistake he reported it. He was asked whoe brought it to his
house, he said goodwife Bunill.  Goodwife Bunill said that
she had said to goodwife Pecke that goodwife Charles wished
ther was no more in ye towne in Rebecka Turners case, for
ther was a maide that satt neere her at meeting that did bar[247]  nish apace, Il but she named nobody, nor could she
tell who it was, and she said to goodwife Charles, if that be
yor thoughts yow were best speake of it wher yow best may.
Goodwife Charles, that she and Thomas Marshall (whoe was at
worke at her house,) being speaking aboute Rebecka Turner,
what a sad thing it was, she said it is well if ther be no more
in her case, she remembers no more that she saide. Henry
Pecke was asked if he had any witnes that could cleare it that
either of these women was ye auther of this report, he said he
had none. The plantifs hauing also spoken what they would
in ye case, the court proceeded to sentence, and ordered that
Henry Pecke paye to Jeremiah Osborne & Sarah Ollard for ye
wrong he hath done them 51, wch is to be devided betwixt
them.
Mr. Crane complained of Samuell Whithead for leaving
open ther quarter gate, he owned the thing, but said ye fene
was downe aboute it. Mr. Crane sd true, and was fined for
it, and ye gate also because catle came in at it. The court
declared themselues that they could not alter the generall




1649]           NEW  HAVEN COLONY RECORDS.                    479
courts order, and therfore Samuel Whithead must paye for
this miscariag 5s
AT A COURT HELD AT NEWHAVEN THE 4th OF SEPTEMBER, 1649.
The last will and Testament of Edward Banister (deceased)
was prsented in court,* made the 8th of May, 1649, confirmed
by his owne hand and witnessed by Richard Miles, William
Andrewes & Jno Nash, whoe now in court tooke oath that the
said Edward Banister being in good vnderstanding and memory as farr as they could judg, did make this wrighting now
prsented in court to wch their hands are subscribed, his Llast
will and testament. Also the inventory of ye estate of the
said Edward Banister was prsented in court, amounting to
661: 04: 00, made the 21th of May, 1649, prised by Richard
Miles, William Andrewes and John Nash, vpon oath for ye
valew of the goodes, and Ellen Banister widdow and executrix
of ye last will & testament of her deceased husband, tooke oath
that his whole estate, to ye best of her light and knowledg is
conteyned in ye pcells and pticulars mentioned & prised in the
said inventorie.
The court granted to William  Davis administration vpon ye
estate of James Hayward deceased, and he accepted it and
delivered into ye court an inventorie of the estate of the said
James HIayward, amounting to 00: 4: 7d, beside 59: 0: 0 in
ye ship Fellowship, prised by  William  Andrewes, Thomas
Munson, Thomas Kimberly and Thomas Wheeler junr, vpol
oath for ye vallew of it.  And William Davis ye administrator
tooke oath that ye whole estate of James Hayward, to the best
- The last will and testament of Edward Banister late of New Haven deceased,
made 8th of May, 1649.
He gives his daughter ten pounds more than his wife, his daughter to receive her
portion when she is sixteen years of age-makes his wife executrix, and elder Newman and Francis Newman overseers of his will.
Goodman Miles is to have his daughter to bring her up till she is sixteen years of
age-his wife and the overseers to have the dispose of her marriage-if his daughter
die before she come to sixteen years of age, her portion to return to her mother; if
they both die without a lawful heir, then it shall go to the churches use. The mark of
Edward Banister, witnesses, Richard Miles, William Andrewes, John Nash, the mark
of Thomas Wheeler.




480                NEW  HAVEN  COLONY  RECORDS.                    [1649
of his light and knowledg, is conteyned in ye pcells & pticulars
mentioned and prised in the said inventory.'
Mr. Samuel Goodanhousen was called  to  give in security
for the portions of his wives chilldren. Hee said he had paide
Mr. Yale 351, wch he accepted for full satisfaction for his wives
portion, and for Thomas Meekes he is willing to accept of the
house and 19 acrs of land next the towne (lying by ye necke
highway) for ye portion of Rebecka Turner, now  his wife, and
Thomas Meekes declared in  court that he is willing to accept
of ye said 19 acrs of land, be it more or less & ye house &
home lott & barne at towne, in  full satisfaction for his wives
portion, and Mr. Goodanhouse did now in court pass the house,
home lot & barne, and the said 19 acrs of land, be it more or
less, wch was Capt. Turners, and Thom  Meekes accepted it for
full satisfaction.
For the rest of the chilldrens portions, the court refferred
Mr. Goodanhousen till ye next court, that he might consider
wth his wife aboute it, for the portions of ye chilldrein  doe
come to more then 351 a pee, according to ye order, the estate
being as it is, and then the court will consider of it againe.
The portions of Mris Goodyeares chilldren were allso considered of, but some difficulty appearing, it was respited to ye
next court, and in ye meane time Mr. Goodyeare was desired
to confere wth the gouerner & Mr. Evanc to prepare it for ye
next court, yt the estate may be equally devided, that the:~ Date of the inventory not given.
Carpenters tools and lumber, prised by Thomas Munson, William Andrewes, stum
~57, 18, 7.
DIebts due to the estate-From Derrecke Johnson ~10, 10, from Mr. Goodyear ~16,
19, from William Holt ~1, 8, 4, from Jeremiah Osborne ~0, 7, from Ephraim Penington ~0, 3, from Richard Beech ~0, 16, from John Beech ~0, 5, 11, from Thomas Moris
~0, 16, 8, besides his part in the ship Fellowship ~59.
The Estate of James Hayward is Debtor-To Mir. Evans ~4, 11, 10, to John Jackman ~0, 10, to John Gibbs ~0, 18, to Jeremiah Whitnel ~0, 18, to Thomas Johnson
~0, 4, to Henry Glover ~3, 13, 7, to the smith at Stratford ~0, 3, to Robert Usher ~3,
to Phillip Leeke ~5, to John Tompson ~1, 18, to widow Preston ~0, 5, to John Harriman ~0, 10, 6, to Richard Williams ~0, 12, to Richard Webb ~0, 5, 3, to John Tompson, farmer ~0, 1, to William Fowler ~0, 9, 6, to Ralph Dayton ~0, 5, 6, to William
Davis.~2, 3, to John Moss of Boston ~4 to Mr. Ting of Boston, for a but of wine ~12,
10, to Edward Fletcher of Boston ~4, 15, 9, to Thomas Munson ~0, 2, 6, to William
Pecke ~0, 4, 6, to the ferryman ~0, 1, 4, to Thomas Osborne ~2, 2, to Henry Bristow
l~0, 6, to Benjamin Willmot ~0, 3, to Mr. Gibbard ~0, 14, 7, to Mr. Crane ~0, 4, to
Mr. Hooke ~0, 5, 3, to Mr. Atwater ~6, 7, 8, to John Basset ~0, 2. Court charges
~0, 6. Total ~57, 12, 9.




1649]          NEW HAVEN COLONY RECORDS.              481
mother and the chilldren may hauLe thler due proportions, both
in the better & more hazardous pts of the estate.
Mr. Gibbarcd & Richard Miles, calling Thom Moris to them,
were desired to prise the estate of Adam Beere a Duchman
wch dyed at William Andrewes, and to bring the inventorie of
it into the court, according to order.
Thomas Munson tooke oath that ye apprisint he made of
Robert Prestons goods or estate was justly done.
AT A GENERALL COURT HELD AT NEWHAUEN THE 10tI OF SEPTEMBER, 1649.
The Governer acquainted the court wth the rumiores he
heares concerning the Indians and allso wth what Thomas
Stanton brought in way of returne from them, in weCl answers
and cariages ther pride and insolencie appeared, so that he
conceives it is not safe for the towne to goe onl in ther watch
as it was last ordered, but that some other manner of watch
be setled for ye prsent, and likewise that ye gaurd be doubled
on ye Lords dayes and lecture dayes, and that men whose
turne it is not to bring armes, yet bring ther swords.
The court considered of the things propounded, and refferred
the whole ordering of these matters and what else is necessary
to ye pticular court and ye sarjants joyned wth them.
[248]  11 The Gouerner also informed the court that ther is
need that a generall court be called for ye jurisdiction &
therfore deputies must be chosen for this towne, and accordingly Mr. Crane and Francis Newman were chosen deputies
for ye next generall jurisdiction court, and to continew as
deputies for that service vpon any ocasion, till ye chusing
of deputies for the generall jurisdiction court to be held in
May next.
The Gouerner further informed the court that Sarjant Munson is aboute goeing to Connecticote, to staye their this winter, therfore the court maye consider whetller it be safe for ye
towne to lett him goe, seeing Sarjant Andrewes is not at home.
The court thought it not fitt that he should now goe, but
61




482               NEW  HAVEN  COLONY RECORDS.                    [1649
desired the gouerner to informe them  at Connecticote whom
it concernes, that it is not his neglect but the towne hinders
him for publique respects.
It is ordered that next fourth day ther be a view  of armes
ill ye morning before lecture, and trayning in ye afternoone if
it be faire, and if not, that then the trayning be the next second
day following.
AT A  GENERALL COURT FOR NEWHAVEN  THE 24th OF SEPTEMBER, 1649.
Jno Ponderson, Jno Moss & Nickholas Elsy had libbertie to
depart the court.
The Governer acquainted the court that the generall jur'isdiction court have thought meete that provission be made and
in a readines for our defenc against the Indians,: and for a
goeing forth of men, if ther be ocasion, though they know not
what will be don till they haue advised wth other colonies, for
wch purpose letters are sent to them, but for ye better makeing provission for ourselues, they haue laid a rate vpon the
jurisdiction, of 2001, of which Newhaven is to paye 931: 16s:
00d, beside ther pte of ther former rate, wllh was 701: 07s: 00d,
both wch are to be paide now  prsently, vizd: one halfe by the
first of October next, the other halfe by the first of November
next following, to  be paid either in money, beavour, good
wampom, or in wheat at 4s, 6d, pease or rye at 3s: 6d, Indian
come at 2s: 6Gd, beefe or porke as they can agree wth the treasurer.  The  court considered  of what is propounded, and
ordered that 1 year and a halfe rate be paide forthwth, beside
the ordinary rate due in October next.
- The general court of Connecticut, Sept. 13, 1649, taking into serious consideration
what might be done according to God in way of revenge of the blood of John Whittmore late of Stamford, and well weighing all circumstances together with the caringe
of the Indians bordering thereupon, in and about the premises, declared themselves
that they judged it lawful, and according to God, to make war upon them, they therefore desired the deputy governor, Mr. Ludlow and Mr. Talcott to ride the next day to
New Haven, and confer with Mr. Eaton and the rest of the magistrates there about
sending out against the Indians, and on Sept. 18th they sent out 45 men to assist the
colony of New Haven. These spirited measures appear to have had the desired effect.
The Indians at Stamford it seems soon became peaceable.
Trumb. Col. Rec. Conn. i. 197. Trumb. Conn. i. 192.




1649]         NEW HAVEN COLONY RECORDS.               483
Further the gouerner informed the court that those whom
they appointed to order the watch and other things of that
nature, haue done it, and for the prsent while these dangers of
ye Indians continew, they thinke that the watch must consist
of 9 men, that is 8 and a watch master, all wch are to be at
ye place appointed halfe an hower of sunsett at furthest, and
ye watch to be sett an hower after sunsett, and that 4 be sent
to walke the rounds on pte of ye night, and ye other at ye court
of gaurd keepe sentinell in ther course, and the other 4
walke ye other pt of ye night, and them that first walked
keepe sentinell.  The other orders of ye watch, when it consisted of 7 men, standing still in force. v They also thinke that
two squadrons com wth ther armes vpon ye Saboth and other
meeting dayes, and that those whose turl'll  it is not to bring
armes, yett bring ther swords, and for neglect of bringing ther
swords should paye 12d a time. They haue further ordered
that 20 cotton quilted coates, and 20 boxes for cartrages, and
20 knapsackes, at ye townes charge. Care also is taken to
gett lead that bullits may be made for ye townes service.
The drumer was ordered to beate the drum every morning,
hlalfe an hower before day, wthin ye square of ye markit place
and in some of ye streetes, and that the last watch call him an
hower before day and walke wth him as a gaurd while he continewes beating.
The drumer was ordered not to beate the drum in ye day
time vpon his owne ocasions, that men that are abroade may
not be disturbed wth feares of an alarum when ther is none,
onely tomorrow and the day following he hath libbertie to
beate, to fitt vp a drum for Stamford.
It is ordered that hencforward, during the troubles and dangers wth and from ye Indians, if any pson or psons (hauing
ocasion to be abroade in or aboute the towne after the watch
is sett, well shall be at furthest wthlin an hower after the sunn
is sett every night,) being required by ye sentinell or any of
ye watchmen wch shall be appointed to walke ye rounds to
stand, and shall refuse so to doe, but shall vpon the first call
runn away or indeavour to hide themuselues or shifte from the
watch, or vpon the second or third call of any of ye watchmen,




484           NEW HAVEN COLONY RECORDS.             [1649
sentinel or other, shall not stand & speake wth the watch, that
he or they may bee knowne and examined if ther be cause,
but shall afront the watch and make from them, the sentinell
or watchmen in such case, to secure the towne from danger,
and pticularly from Indian stratagems and mischeife, are to
shoote at him or them that so stubbornly and suspitiously cary
themselues, and if they receive any hurt, they haue brought
it vpon themselues, and the watchmen in such cases shall be
accounted innocent, hauing done nothing but what ther trust
and duty calls for.
It is further ordered that if those that walke the rounds
shall discover any danger by Indians or fire, & shoote of
[249]  though but one gunn, it shall be answered 1Iby the
sentinel, and ye drum to beate, wch is to lye at the prison,
and Nathaniel Kimberly to beate it vpon such ocasion. The
watch is also to cry arme, arme, or fire, fire, as the danger is,
this to be taken by the towne as an alarum, or if ye watch
should be hindered of shooting and yett cry as before, the
sentinel is to shoote & another peec at ye court of gaurd, &
ye drum beate, that ye towne may be raysedl to secure themselues.
The Gouerner informed the court that the jurisdiction had
ordered that the matters to be caryed on by a counsell of warr,
they left to himselfe and ye magistrats and whome else he
should call into them, wch the court approved and confirmed.
It is ordered that 20 of ye pikes that may be most fitt for
it, should be cut to make 20 halfe pikes of.
It is desired that the farmers aboute this towne would consider how to provide for ther owne safety in this time of danger, and that neither they nor any other leave armes in ther
houses vnless they hide them, least ye Indians breake in and
steale them; and that men would be carfull not to leave their
armes carelesly in ye meeting house or elswvhere.
It was propounded that some wood might be provided for
ye watch.  The sarjants were desired to inquire who hath not
wrought in ye markit place, that they might cut some wood
out, and in ye meane time ye treasurer was to provide a loade.




1649]         NEW HAVEN COLONY RECORDS.            485
It was propounded that some pannels or packsadles might
be provided.
It was desired that men would be spareing in shooting of
gunns in the towne, least they should make those abroade
thinke ther was an alarum.
The watch was desired. in ther walking ye rounds not to
talke.as they goe.
It is ordered that a man being put into ye watch, if he hire
another to watch for him, it shall be such a one as ye master
of the watch shall alowe of, and that he give the watchmaster notice beforehand, that if he like not ye man he may haue
time to provide another, wch if ye master of ye watch is put
to doe, it must be at ye watcllhmans charge, thoughe he give
double paye and ye fine of totall absene beside, if he neglect
to send a sufficient man or to give due notice, and ye watchmasters were desired to see that they send not out two youthlles
together, but that one be a man in whom they may repose
trust.
It is ordered that vpon ye dayes of publique meeting, a sentinel should stand vpon the meeting house to discover any
danger that may be, and that every night on of ye watchmen
be sent vp ther two or three times to looke aboute and make
discovery of any danger by fire or Indians, or other danger
that may be espied. And Thomas Munson & Jervice Boykin
were desired to mend ye ladder that they goe vp vpon and ye
floure, both goeing to it and landing from it.
It was thought fitt that when men shall goe forth against
the Indians, yt our Indians be sent for and warned not to
come to or aboute ye towne but vpon their perill.
It was propounded and debated that some course might be
taken that fences might be made better, that swine might goe
abroade; that some feild might be onely for planting Indian
come, and not plant Indian and English together; that ye
fene might be brought to a less quantity, that men might ye
better maintayne them. The court considered of the things,
and thought they were weightie and of great concernmt to the
towne, therfore ordered to chuse a coffiittee to consider and
debate these things privatly and prepare it against another




486            NEW HAVEN COLONY RECORDS.            [1649
court. The coihittee chosen is the pticular court, and one out
of each quarter, vizd, Mr. Tuttill, John Coopr, William Judson,
Robert Johnson, Mr. Wakeman, William Davis, Samuel Whithead, H-enry Lindall, Thomas Nash & Francis Browne.
[250]  AT A COURT HELD AT NEWHAUEN THE 2th OF OCTOBER, 1649.
Mathew  Camfeild was fined for want of some powder
last viewing day 12d, and for not bringing his arines to
meeting one lecture day, 2s 6d.
Henry Pecke and Thomas Marshall for not bringing ther
armes to ye meeting on day when it was their turne, was fined
each man, 2s 6d.
Widdow Tompson tooke oath that the inventory she formerly delivered in to the court, of her late husband, Anthony
Tompsons estate,-was a just and true inventorie, to ye best of
her light and knowledge.
Richardcl Miles, William Tompson and Mathew Camfeild
tooke oath that they prised the goods conteyned in ye same
inventorie justly, according to the best of ther light and
knowledge.
William Basset for coiming late to his watch was fined 12d.
Luke Atkinson being hired to watch for Williamn Tompson,
and hauing seasonable warning, yet came to late, was fined
12d.
Robert Meaker for refusing to watch when he was warned
was fined 5s.
Sarjant Munson was complained of for neglecting to give
out the bills of ye watches in his squadron in season, wherby
the watch could not be full one night, and he seeing and confessing it was his mistake, told ye master of ye watch he would
come downe & see ye watch made vp, but did not, nor can tell
any reason weh might justly hinder his coming. The court
considered of his miscariage herein, and ordered that he paye
as a fine to ye towne, 6s 8d.
John Bud passeth ouer to William Tompson a pcell of land




1649]         NEW HAVEN COLONY RECORDS.               487
lying in ye quarter called Mr. Lambertons quarter, wthin the
two mile, conteyning 35 acrs, be it more or less, bounded on ye
east wth the sea, the subrerbes quarter on ye west, betwixt of
William Jeanes and Thomas Lampson.  Also 17 aers of meddow lying on ye Indian side, bounded by the sea on ye west &
north, Thomas Lamsons meddow on ye east, and ye Indians
land on ye south.
Thomas James passeth ouer to Richard Hull 6 ac,'s 1 quarter of meddow lying at ye bottom  of ye necke next ye East
River, and 5 acres, a halfe & 20 rod of vpland lying in ye
Yorksheir quarter by the towne side, ye other side lying next
Mr. Yales lott, the one end butting vpon Robert Johnsons
lott; and 5 aCrs L 20 rod on ye other side the West River,
wthin ye two mile; and halfe his proprietie in his second devissionl not yet laid out.
Thomas James allso passeth ouer to Robert Johnson the same
proportion of meddow and vpland as before exprest to Richard
Hu11, butted & bounded as yt is.
Robert Johnson, because he wanted some match, was fined
121.
John Knight, because his wrest was broake and his gunn
rusty, so that they were both vnservicable, was fined 5s.
James Russell, because he wanted some match, was fined
2d.l
John Walker, because his mans wrest was too short, was
fiuned 12d.
Henry Bristow, because the scabbard of his sword was broke
so that the point came out, wch is dangerous, was fined 12d.
Richard Hull, because his sonii Jeremiah wanted worne &
scourer, fined  12d.
Edward Granest, for want of worme, scourer & flints, was
fined 18d.
Benjamin Willmot, for want of some bullits, fined 12d.
Jeremiah Watts, for want of flints & a socket for his gunnsticke, fined 12d.
James Clements, for want of 21 of bullits & a scourer, fined
2s 6':.
Samuel Hodgkins, for goeing into ye watch-house and lying




488           NEW HAVEN COLONY RECORDS.           [1649
downe by the fire and sleeping, when he should have stood
sentinel, was fined 5s, and is not to watch for any man but
himnselfe.
John Bishop & Joseph Watters, for sleeping in ther watch,
was fined each of them 2s 6d, and John Bishop, for sleeping
at another time in ye watch, fined 2s 6d.
Jeremiah Osborn was fined 2s because he wanted 7 yards
of match, & is injoyned to provide himselfe forthwth.
Thomas Osborn senior, because the scabbard of his owne
sword & of his sonn Johns allso, was fined 2s.
Richard Perey passeth ouer to Thomas Kimberly his house
& barne, & home lott, conteyning 2 aCrs -, and 18 acrs ~ of
land in ye necke, and Thomas Kimberly is to haue 20s out of
ye rent Mr. Malbon is to paye for that pte of the barne wch
lie hires this yeare.
[251]   James Clements & Nickholas Slooper were complained of for vnfaithfullnes in the watch, and for plotting
and contriving to make & maintayne a lye to hide & cover
this thler willfull miscariage, for Richard Hull being mr of ye
watch, would not haue had them two goe forth together, but
they seemed not satisfied vnless they might goe together, hauilng, as he conceiveth, bine plotting the former part of ye
night, (when he observed them buisie in private talke,) what
to doe, so he resolved to lett them goe together & watch them
to see what they would doe, and aboute 12 a clocke in ye
night he sent them forth; they'said they would goe downe
Mr. Eatons streete, he himselfe followed them and saw them
goe directly downe the other streete to Thomas Meekes his
house, and went in at ye gate; afterward he returned to ye
court of gaurd and called Robert Tamadge, and they two
walked aboute ye towne and mett aboute Robert Bassets but
saw them  not.  After they cam in againe and sent forth
Robert Tamadge & Jno Bishop towards morning, fior ye day
starr was pretty high, and they goeing downe the same streete,
when they came neere aboute Richard Becklyes house they
saw them coming, and heard James Clements say that they
would make them beleeve they had walked the rounds two or
three times, and accordingly when they came to ye watch



1649]         NEW HAVEN COLONY RECORDS.             489
house, James began to speake discontentedly that they were
put to walke so long, as if he would haue outfaced the master and watchmen also, but they being caled to answer before
ye court to this charged vpon them, James Clements at first
denyed ye charge and said they did goe downe Mr. Eatons
street and walked the rounds, but Slooper being examined
said they went to Thomas Meekes his yard to eat peaches, and
after they both confessed they staide vnder ye barne side
because it was warme, thoughe they both say they walked one
vp to Thomas Wheelers and staide a while vnder ye pailes.
They was asked why they agreed together to make and tell
such a lye, to hide and cover ther vnfaithfullnese in such a
trust cofiiitted to them, and that in this time of danger.
Slooper said he did not first move it, and James at first said
he remembers not that he spake such words, but it being testifyed by Robert Tamadge & John Bishop, he owned ye thing,
and sd he confeseth it was his fault, and it was from ye guilt
of his conscienc and. working of Sathan, and he desires to
be humbled before God for it.
The sentenc of ye court is, that for this miscariage of theirs
they be both whipped.
Mr. Eaton informed the court that he sometime lett his
farme to Robert Emry and Richard Webb, but Robert Emry
grewe weary and Richard Webb was very earnest to haue it
himselfe, and did take it vpon ye former termes, but he kept
not ye covenants, wherevpon Mr. Eaton told Richard Webb, if
he would not put in securitie to keepe his covenants, he must
leave the farme. Richard Webb at first was vnwilling, but
after consented to leave the farme, and they both agreed to
refferre matters of differenc to Jasper Crane and Richard Miles.
After Richard Webb desired Henry Henry Lendall might be
added, and the gouerner was content; but beside ther is a
clear debte of 141 16s 07d, due from Richard Webb to Mr.
Eaton, as appeares vpon accounts made vp betwixt them, but
when those three before mentioned had considered things and
drawne vp ye result of ther thoughts, Richard Webb was vnsatisfied & said it should come to the court.
Richard Webb said he ownes the debte of 141 16s 07d, but
62




490           NEW HAVEN COLONY RECORDS.            [1649
his cattle are attached that he cannot sell them to paye the
debte. Hee was told that if wthin 10 dayes he can procure
a chapman to buy so many of his catle as will paye this debt
to the gouerner, he shall haue his libbertie to make the best
of so many of them, for ye rest the attachment is to stand till
other differences be issued. Richard Webb declared himselfe
freely willing to it, and said it should be done.
Hee was further told that if it was not don in ye time appointed, Mr. Crane and Richard Miles are ordered by this
court to haue ye catle looked vp at his charge, and prise so
many of them as will paye this debt, to wch he agreed also.
Richard Webb further said that for ye other differences he
doubted not but if the arbytrators would meete once againe
they should issue all matters, wherupon the court desired
them that they would take a litle more paines in it. They
were very vnwilling, yett were perswaded, desiring that Mro
Evane might be prsent, whoe being a magistrate, might if ther
was cause give oath to the witnesses. To this the gouerner
agreed and desired it might be so, and Richard Webb promised before the court to stand to what issue these arbytrators
should put to it, as the gouerner had declared himselfe sundry times before. This Richard Webb promised should be
done betwixt this & the next court, at his care and charge,
else it must come to the court againe whoe will then issue it.
[252]  AT A GENERALL COURT HELD AT NEWHAUEN THE
8th OF OCTOBER, 1649.
The Gouerner acquainted the court that the coffittee they
appointed to consider aboute fences and swine have mett
twice, and doe thinke that swine may have libbertie to goe
abroade for a month or 6 weekes, now while akehornes last,
being well and sufficiently ringed and approved of by one
whome the court may appointe for that service. They thinke
also that fences may be reduced to a less quantitie, and that
that wch is vpheld should be maintayned substantiall & sufficient against hoggs or any other catle. They thinke that




1649]         NEW HAVEN COLONY RECORDS.              491
every mans swine should be marked and the marke of them
brought into a place wch the court shall appointe, wth every
mans name to his marke, vnder such a fine as ye court shall
thinke fitt.
The court considered of the severall things propounded,
and ordered that for 6 weekes from this day all swine, whether
belonging to farmes or towne, shall haue libbertie to goe
abroade, being well and sufficiently ringed, wth on ringe in ye
midle of ye nose, wch shall either be done by Jno Coopr, or
approved of by him, whoe is to be vnder oath to doe faithfully
therein. And whatever swine shall be found abroade, aboue
12 weekes old after this day vnringed, or not sufficiently
ringed, the owner shall pay for every swine 12d for each default, and for them that are vnder 12 weekes old, the damage
that they doe, if it be required. They further order that
every man marke his swine and bring in his marke, wth his
name, to Jno Coopr. And if after this day any mans swine
be found abroade vnmarked, to pay 3s 4d, according to ye jurisdiction court order, and if not brought in to Jno Coopr, 12d
a swine, and whatever swine shall doe damage in meddowes,
the owner of ye swine shall paye the damage, because it is
supposed if they were well ringed they could doe none ther.
And it is further ordered, that if after 6 weekes time swine
shall goe abroade and doe damage, (thoughe ringed) the owner of ye swine shall paye it, vnless he can prove the fence was
downe wher they went in, then ye owner of ye fenc to beare it.
It is ordered that all the fences wch the severall quarters
shall agree to vphold and maintayne, shall betwixt this and ye
first of May next, be made substantial and stronge, both
against swine and other catle, and if after swine (though ringed,) shall be found in any quarter or come feild, the owner of
ye swine must beare all damage, and if he can finde any fenc
downe where they did or might come in, he may releive himselfe from ye fence, as in case of other catle formerly ordered,
but if no fenc be found downe it is supposed they swime ye rivers (wch must be at ye owners perill,) wch are supposed and
alowed for a fenc in this case.
It is ordered that after on yeere no man shall plant Indian




492            NEW HAVEN COLONY RECORDS.           [1649
come in any quartr by small spotts or peells to ye prejudice of
ye quarter vnless it be by joynt consent.
It is ordered that when ther shall be a meeting warned by
any quarter or quarters, the severall proprietors therin haueing had 24 howers warning, if any of them shall neglect to
come to such meeting, the major pte of ye quarter being together, may & haue power from this court to conclude of any
thing wch is for the publique good of ye quarters, proprietie
of land or other pticular interest of that nature excepted.
And for the more orderly carying on of such meetings it is
thought fitt and ordered, that when any of ye Yorksheire quarter, Mr. Wakemans quarter or Mr. Goodyears quarter, shall
see cause of a meeting, they shall repaire to Mr. Goodyeare
and inform him of ye cause of such meeting, and if Mr. Goodyeare see cause, he shall give order to haue a meeting warned.
The same is for ye subverbes quarter and Mr. Lambertons
quarter, and if any of Mr. Eatons quarter, Mr. Dauenports
quarter or Oyster shell feild, thinke ther is neede of a meeting,
they shall repaire to ye gouerner and informe him, and if he
see cause he shall order a meeting to be warned. And for
Mr. Ro: Newmans quarter & that next wher Mr. Ceffinch
lives, they shall repaire to Mr. Robert Newman, and if he
thinkes ther is cause of a meeting he shall order one to be
warned.  But it is desired that care may be taken that not
any two of these meetings be warned vpon on day, because
some men haue land in severall quarters.
The court granted to Lancelot Fuller the land lately granted to Jonathan Marsh, out of Mr. Roes lot, vpon ye same conditions he had it, provided that they agree together that ye
rates for the time past be pd wthout trouble to ye treasurer.
The Gouerner acquainted the court that ther is a differene
betwixt this towne & Totoket in ye bounds of ye lands betwixt
vs & them, weh is to be reffered to arbytration.  They haue
chosen Mr. Disbrowe and Mr. Leete of Guilford, and this towne
must chuse two out of another townle. The court agreed and
chose Capt. Astwood & Mr. Tapp of Milford, & doe desire ym
for this service.
Leivtenant Seely was desired to remember when ye magis



1649]         NEW HAVEN COLONY RECORDS.             493
trats come to ye court, to speake that the bounds betwixt Milford and vs may be sett forth wthout delaye.
The cofmittee chosen the 10th of March last to consider
aboute rates were ordered to meete vpon the fourth day next,
at three a clocke, that the buisnes aboute rates coiiitted to
them may be fortl-lhwth issued.
[253]  JI At a meeting of the pticular court in a private way
the 6th of October, 1649, Thomas Whitway of Totoket charged
3 men, viz. the two Bartlets & on Hegbe, a young man, that
they lying at Totoket or nere theraboute wth ther boate to
mend it as they said, did shoote at and kill on of his the sd
Thom Whitwayes swine, wch came downe to feed at ye watter
side. They confessed they had so done, but said they was in
want of provission and did it to supply ther neede, though that
appeared not, because they had Indian come aboarde & some
chose. They said also that they intended to paye him for it,
but though they had time they did not any way acquainte him
wth it, till Thomas Whitway mising one of his hoggs & inquiring after it was told by Mr. Swaines sonn Samuell, that
he suspected these men had killed it, whervpon he went to
search the boate, & hauing first inquired of them for his swine,
they said they saw none that day, but the day before they saw
some wch went that way, but said not a word that they had
killed on of them till he told them he suspected they had
killed on of them & he was come to search for it; then they
said he need not search, they had it.
The court considered of the miscariag and it appeared very
foule, and they could not judg it any less then plainie theft, &
therfore ordered that the two Bartlets & this Hegbe pay to
Thomas Whitway double for his hogg, (wch was by him, &
they owned it, vallewd at 23s,) that they allso pay Thomas
Whitwayes charges, wch lie saith is 5s, and yt they pay to ye
marshall for his time & trouble aboute ye buisnes 3s: 4d, & if
Thomas Whitway should refuse to take the other 28 for himselfe, yet he must take it and give it to ye poore of that towne,
and so be accountable for it.




494           NEW HAVEN COLONY RECORDS.             [1649
AT A GENERALL COURT HELD AT NEWHAUEN THE 15th OF
OCTOBER, 1649.
The Gouerner acquainted the court that the coffittee they
appointed to consider aboute rates haue mett twice and considered of it, and in debate it was inquired how rates are caried
one in other places, and to give light in the case, the law for
carying one publique rates in ye Massachusets, wch is now in
print, was read & considered, (wch was now also read in
court,) and the coffittee therin also advising wth the elders
thought the way just and that it might suit vs and be followed
here, onely they leave it to ye courts consideration whether
houses and houshold goods should be rated, and for tradesmen
they thinke something should be done that may be equall in
waye of rateing them for their trades.
The court considered and debated sundry things in ye order,
and in ye issue concluded and ordered, that the order of ye
Massachusets for publique rates should be an order heare in
this towne, except in case of houses and household goodes, wch
the court orders shall be forborne and not rated for this next
yeare, but if any man haue a house that he letts for rent, it is
to be vallewed at a moderate price, and if any servant come
oute of England at lowe wages, it is left to the cofihittee to
consider wheither his master or he shall paye his polle money.
And seeing that labourers and handycrafe trades & seamen
are of divers sorts & conditions, some live more comfortably,
some less, some follow ther trades more & some less, ther time
being taken vp more aboute husbandry weh payes another
way, that therfore a due consideration be had, and every man
justly rated as neere as the comiittee can judge, and that other
men whoe trade in way of merchandizing bee duely rated according to ther trades and stockes they improve, as neere as
they can judge. And for makeing the matter the more easie to
the cofflittee, the court further ordered, that seing the prise of
catle are already sett in ye Massachusets order and now confirmed by this court, so allso they now set the price of all
lands belonging to this towne for ye yeare ensuing, vizd, Id an
acer for all vpland fenced in, the necke also included, and Id




1649]         NEW HAVEN COLONY RECORDS.             495
an acr for all meddowes that any man hath a proprietie in.
And that betwixt, and ye fourth day at night next, every man,
both at towne and farmes, shall bring in to ye men appointed
for ye quarter wher they live, or to wch they belong, how
many catle they have of every sort aboue 1 yeare old, swine &
other. Allso what catle they haue killed already this yeare,
and how many acrs of land they haue fenced in in any place
belonging to this towne, house lott or other, wth the quarter
where it lyes, also what meddow & what in ye necke, vpon ye
penaltie of 2s: 6d for each default. And to hasten the buisnes,
(because ye yeares rate ordered to be pd the first of Nouember
next is now ordered to be pd by men as they shall be vallewd
this way,) the court chose a cofiittee wch are hereafter mentioned, whoe are to meete vpon the 6th day next at 4 a clocke
in ye afternoone, to consider & drawe vp ye severall rates wch
they thinke every mall should paye, and then to prsent it to
ye gouerner and magistrats, whoe are to consider of it, and, if
they finde it just, pass it, but if neede be, vpon any mans just
complainte, they haue power to releive him.
The coihittee chosen for this worke of rateing are two men
out of each quarter, vizd, Mr. Tuttill, Francis Newman, Mr.
Gilbert, Mr. Crane, Leivtenant Seely, Henry Lendall, Richard
Miles, William Davis, Mr. Wakeman, William Fowler, Mr.
Atwater, Mr. Powell, William Judson, Mr. Ceffinch, Mr. Ling,
William  Andrewes, William Tompson, Samuell Whithlead,
Thomas Munson, Francis Browne.
John Basset was spared from watching for ye prsent because
he is lame by a fall that he had, so that he cannot watch himselfe nor worke to inable him to hire, but promiseth if God
inable him to his laboure he shall hire a mail.
[254]  11 The Gouerner read to ye court the order made in
ye Baye aboute baker, woh the court approved of and ye bakers
were desired to consider of it against another court.
The order made ther concerning customs sett on wines was
allso read, but respited.
Mr. Evanc desired that Jeremiah How might haue libbertie
to brew beare to sell.




496         NEW HAVEN COLONY RECORDS.            [1649
It was desired by some that ye watches might be lessened,
but the court voted that they should continew as they are.
AT A COURT HELD AT NEWHAUEN THE 6th OF NOUEMBER, 1649.
Mathias llitchcocke for refusing to watch when he was sent
for by the sarjant to supplye another mans place, according to
order, was fined 5s.
Thomas Osborn senior for absenc at two generall courts as
himselfe saith, was fined two shillings.
John Coopr complained of Thomas Osborne for letting 4
hoggs of his goe abroad in ye summer for the most pt, contrary
to order. Thom Osborne could not deney it. The court ordered that he paye to John Coopr 12d a hogg, wch is 4s. Further John Coopr complained of him for not carying in to ye
man appointed for ther quarter, the number of ye aCrs of land
he planted or sowed last yeere, as it was ordered he should.
The court ordered that he paye to John Coopr tile double as
it was ordered in that case, wch is 4d p acr.
John Coopr complained of David Atwatter and William
Wooden that their hoggs went abroad in ye summer contrary
to order, and that they haue not bine ringed, according to ye
last order, till now wthin this two or three dayes. The court
witnessed against their disorderly walking, and they are to
paye to John Coopr for each swine weh he found abroade of
theirs, 12d, and for each swine not ringed & marked according
to order 12d.
John Tompson was complained of for suffering his hoggs to
goe abroad in the summer contrary to order, and that they
haue not bine ringed according to the last order. John
Tompson said it was before he had charge of them that Jno
Coopr tooke them, and offered his owne, his wives & Jno
Wakefeilds and his wives oathes to cleere it. The governer
said if they would all testifie that vpon oath he would paye it,
so that that pte was refferred as not cleere. But the court
ordered that what hoggs John Coopr hath taken of John
Tompsons abroad contrary to order, at other times, or not




1649]         NEW HAVEN COLONY RECORDS.             497
ringed & marked according to the last order, he should paye
to John Coopr 12d a pece.
Edward Parker desired that he might be freed from his ingagment concerning the house & lott, and land wch was John
Potteres and is securitie for the chilldrens portions, for he is
willing to leave it to the court to dispose of otherwise. He
was wished to call vpon ye secretary to search for ye agreement
concerning that matter, and come to ye gouerner to prepare it
for the court.
Mr. Leete and Mr. Jordan atturneyes for ye towne of Guilford, declareth against Thomas Standish of Wethersfeild for
certaine rates due to the towne of Guilford from ye said Thom
Standish for a lott he possesseth their, wch rates, beside
what is due towardes ministers maintaynanc, is aboute 57s.
Thomas Standish said he had nothing to doe wth the rates, he
changed his lott away, and hee that had it vndertooke to paye
the rates, and he tendered them and they would not be received.
Mr. Leete replyed that the court hath bine acquainted wth
the nature of ye exchange in Wrights case of Guilford, and
Ilaue judged it a nullitie. They were asked if Thom Standish
was admitted a planter that he might know ther was such an
order in ye towne that lotts should be sold to none but such as
ye towne approved of. They answered that he desired not to
be a planter, but if he had they had nothing against it but he
might, but for his knowing of ye order, Mr. Jordan testefied
that he acquainted him wth it, and that the townewould not
accept of Wright to possesse such accomodations as a lott of
5001, for he was not able to paye the rates of a 501 lott, much
less would he of one of 5001, this Mr. Jordan would haue
taken oath of, but Thomas Standish deneyed it not, but said
they required rates yett improved ye land. Mr. Leete said
no, but ye case was this, that ther being a pece of meddowe of
Thom Standishes weh laye amonge other meddowe, and none
appearing for Thom Standish to devide, the other made vse of
some of it, but yett Thom Standish cannot saye weh pte is his.
The court hauing heard what both pties haue or would say,
ordered that Thomas Standish paye to ye towne of Guilford
63




498           NEW HAVEN COLONY RECORDS.             [1649
the rates due to them for ye lott he hath ther, beside ye
charges of this court, & to doe it prsently or give security to
doe it, that ye court be not further troubled aboute it.
[255]  ] John Budd paseth ouer to Richard Hull 7~ acr1 of
land in ye necke, and 14 acrs at Oyster poynt.
Richard Hull paseth ouer to John Budd 113 acrs 4 rod of
land in ye second devission on ye west sid betwixt the land of
John Budd & William Jeanes.
Richard Webb was called & asked if he had attended the
last courts order and his owne promise in looking vp the catle
& issuing the buisnes depending betwixt the gouerner and
him, he said he had not done it because of some hinderancs;
pltely by Mr. Evanc being from home, ptely by the court of
magistrats, & ptely because of some occasions Goodman Miles
had, but if ye court please, he shall now apply himselfe to it,
and if it be faire weather, will goe tomorrowe to seeke ye catle,
and will indeavour to gett Kester Lupton who knowes them
best to come & help to distinguish them one from ye other-,
and will call vpon the arbytrators to issue the buisnes.
Vpon condition this might be done the court were willing
to forbeare any sentenc, and agreed to haue the arbytration
issued the next second day.
It is ordered that the outside fenc of ye feild first fenced in
at Stoney River should be measured and ye number of aers
inclosed cast vp, and so every man to beare equally according
to ye land he hath fenced in, wch the court desires John Brockett may doe, & to be pd by ye owners of ye land in proportion.
Isacke Beecher was warned to this court about the defect of
Samuel Farnes his armes, (his servant,) but appeared not.
He is to be warned to ye next court to show reason why lhe
came not now, for ther is appearanc of contempt in it.
Thomas Moris was complained of for neglecting his watch.
Answer was made he was not well. It was replyed that lie
was aboute his occasions the day before, and went to Connecticote the day following, and it was strange he could not watch.
James Bishop the master of ye watch said he knew not of it
till wtbin night, and then lie could not gett one to supply his
place, but some of ye other watchmen weh caried on pt of his




1649]          NEW HAVEN COLONY RECORDS.                 499
worke expect to be paide.  It was said that Thom  Moris
would haue hired thoughe he had given double paye, but
could gitt none.
The court ordered that Thomas Moris paye for this neglect
2s 6d, wch is to goe 12d to ye men wch supplyed pt of his
watch and 18d to ye towne.
Henry Morrell, for want of a scoverer & some powder, was
fined 12d.
Henry Humerston, for want of a sword & a wrest, was
fined 2s 6d.
[A General Court for the Jurisdiction was held at New Haven on the 7th of November, 1649, at which sundry " capital and other lawes and orders" were made, as we
learn from the records of the town of Guilford.]
AT A GENERALL COURT FOR NEWHAUEN Ye 12th OF
NOVEMBER 1649.
The orderes of the last generall court for ye jurisdiction
were reade.
Mr. Tllomas Yale and John Beech had libbertie to deppte
the court.
The severall notes drawne vp by the cofmittee appointed for
assesing of rates were read, in wcbh notes some things were
considered; first whether the shipp Fellowshipp should be
rated, and ye court ordered that she should be freed for this
time; in wchb notes also are sundry men rated for trades &
merchandizing, but some objected against what was sett downe
by the coffittee, as Mr. Evanc, Mr. Atwatter, Mr. Goodanhousen, & some for Mr. Westerhousen & Mr. Allerton.
The court considered of what they said, and wth ther consent that were prsent, ordered that Mr. Evanc paye for trade,
beside what he payes for other estate, for on single rate, after
ye rate of 5501, Mr. Atwatter for 4001, Mr. Goodanhousen for
3001, Mr. Westerhousen for 5001, Mr. Allerton 20s for a single
rate.
It was voted -that the land wthin ye fence, on this side ye




500          NEW HAVEN COLONY RECORDS.            [1649
East River paye, till by agreement the fence is laid downe &
lthe land be laid common.
John Bassett propounded that the court would free him
from payeing his poll money, because he is lame by a fall &
cannot worke, the court inclined to doe it for the prsent, till
God shall inable him to his labour againe.
The Gouerner propounded to the court that Leivtenant
Seely might haue some help from ye towne to buy Robert Bassetts house, for he is now resolved to staye here & to follow
his trade of shooemakeing, and shall not remove vnless ye
towne be satisfyed that God by his providence calls him away.
It was propounded to know what the sarjants haue done in
ye buisnes comihtted to them concerning Leivtenant Seely, but
they hauing done little in it, it was propounded by some that
[256] those of ye towne that Ijwere prsent would speake
what they would give freely, and sundry did speake, well
amount to a soffe of 16 or 171, a note of ye pticulars wherof
was given by the secretary to Leivtenant Seely, and the sarjants were desired to speake wth those that are not prsent,
to see what they will doe.
The court was acquainted by the deputies for the jurisdiction generall court, that ther is a certaine quantity of powder
& lead, match & gunns to be provided, according to the jurisdiction court order, wch will amount to neare 501, and! some
course must be taken to provide them, the furthest time being
the 24th of June next. It was thought best that they might
be sent for to England, and Mr. Evanc offered that if the
towne would deir in pease to him, at ye rate sett by the jurisdiction, inough in quantity, as neere as they can gess, to procure them, and that wthin three weekes or a month, he will
vndertake to provide them for the towne by the time appointed,
and they shall haue the things as they cost in England, the
towne beareing the adventure too & froo.
The court considered of ye proposition & accepted it, and
ordered that every man in ye towne paye two thirds of this
single rate in pease to Mr. Evanc, 3s 6d p bushell, and to
cary them in to Mr. Evanc his warehouse vpon some lecture
day, the last of well lecture dayes being the 1.2th of Decem



1649]         NEW HAVEN COLONY RECORDS.              501
her next, each man for neglect to paye the double, and seizure
prsently to be made, that the worke be not hindered; no man
carying any od measure less then a pecke.
William Paine propounded to ye court that he might be
freed from bringing his armes one ye Lords day and lecture
dayes, because he lives farr of and hath three small children,
and his wife is lame and cannot help to bring ye children.
The court voted that so long as his wife continewes lame he
be freed.
It is ordered that the planters wch hire Oystershellfeild doe
laye it into common wth the quarters next it, and fence in
proportion wth them, by the acr, and that they from time to
time maintayne their severall proportions of fence substantially, and so leave it to the towne when ther time is out, and
vpon that ground the court allowes them to take awaye the
fence allready made, wch is propr to that land they hold, and
free them from payeing the last yeeres rent to ye towne, and
that Francis Browne haue that pece of meddowe beyonde the
ferry house, to make and maintayne a good sufficient fenc
from ye corner of widdow Knowles his fenc, downe into ye
flatts, so farr as catle may not goe aboute to doe damage.
Jeremiah How desired & were licenced to drawc stronge
watter, vpon ye termes of ye jurisdictions order in that case,
and was wished to be carfull to keepe good order.
Mr. Ling & Jervic Boykin were chosen collectors for the
colledg come for 1 yeere.
The Gouerner informed ye court that Saljant Munson doth
expect the towne should allowe him something, because they
kept him from goeing to Connecticote to worke, wllh was a
liinderanc to him. The court considered it, and in regard he
attended his owne occasions at home, and what he did for ye
towne was pd for it, they voted to allow him nothing.




502           NEW HAVEN COLONY RECORDS.             [1649
AT A GENrALL COURT FOR NEWHAVEN THE 29tl OF NOVEMBER
1649.
The Gouerner acquainted the court that he heares rates are
not pd according to order and expectation, nor the pease caried in to Mr. Evanc as it was thought they would; also he
heares that ther is some vnsatisfiednes in some men because
that houses are not rated, and therfore the polle money will
come the oftener, therfore the court might consider what to
doe. After much debate, the court ordered that all houses
belonging to this towne shall be rated after ye rate of 10 yeeres
purchase, being vallewed at a moderate rent by the coffiittee.
The court was informed that sundry of the cofiittee for
rates haue neglected to meete when they haue had due warning, for wch the court blamed ym, and now ordered that when
a coiiittee is appointed for publique buisnes, and shall haue
due warning, that is, 24 howers, or ye evening before the
comittee is to meete, and shall not come, but be absent, shall
paye to the towne 3s for each default & 18d for late coming,
that is if they staye aboue halfe an 1ower after the time appointed, and ye major pt being mett are to conclude the buisnes in hand.
[257]  I Nathaniel Meriman and William Russell are chosen
for this comittee for rates, in ye roome of Thomas Mllunson &
Francis Browne, because the one is not at home, and the
other cannot attend it because of the ferry.
It was propounded whether that Mr. Hitchcockes & Mr.
Hawkins lotts should not paye as absent lotts, that is, as they
did befobre. It was considered and voted that for this yeere
they paye after the new way of rateing, that the owners may
be informed, and then the court will consider it againe.
It is also ordered that John Brocket, Thomas Barnes, &
those that haue Mris Eldreds lott at farme, and those that had
land granted them at towne and farmes out of ye absent lotts,
should paye as others doe after this new way of rateing.
George Smith propounded for a small pece of meddowe, 2
or 3 acls,  wch lyes where Mr. Lambertons meddowe lyes, and
is abolue his proportion.  The court granted that if after




1649]         NEW HAVEN COLONY RECORDS.             503
Mr. Lambertonls is laide forth ther be so much left wch belongs to no other, he should haue it.
William Andrewes propounded that himselfe & John Cooper
wth some others wch formerly propounded for the necke of
land and meddowe adjoyning to it next the sea, wCh is on ye
east side at ye harbours mouth, might be granted to them. He
was asked vpon what termes they desire it. He said that they
might haue the necke pecular to themselues, & the meddowe,
and they would paye as others did for it. He was told that if
they had it as ther propr right, that none may common wth
them, then they must paye' for the whole necke as inclosed
land, but that they were not willing to doe. Further they were
told that the towne expected that it should be improved for ye
getting of corme, that ye towne may haue a benefit by it that
way, he said they did intend it, but cannot doe it suddenly.
After much debate spent, the farmers already at Stoney River
plead ing what needethey had of it, it was refferred to further
consideration, that William Andrewes might speake wth ye
rest aboute it.
It is ordered that the 16 muskits to be provided for the
towne, are to be procured heare by turning match-lockes into
fire-lockes, wch. the gulnusmithes offer to doe vpon reasonable
termes, and now this being taken of and houses added, the
towvne is to paye into Mr. Evane in pease, but one third pte of
a single rate, wch is to be done vpon ye same termes as was
before ordered.
Henry Morrell desired that he might be freed from trayning
wth a imuskit, because of some defect in his armue, the court
left it to Leivtenant Seely, but injoyned him to keepe his
armes.
Robert Johnson desired that he might haue libbertie to
make a well in ye streete, neere his house. The court fearing
some danger mnight come by it, propounded that he and his
neighbours joyning wth him would put a pumpe in it, whervpon he tookle time to speake wth them & consider of it.
It is ordered that every souldiour in ye towne shall provide
himselfe of a goode horne wch will hold 11 of powder and fitted to weare for service, and a bagg for bullitts, and every




504           NEW HAVEN COLONY RECORDS.           [1649
souldiour comeing to show armes wthout such a horne & bagg
fitted, shall paye as in case of othe defect of armes, this to be
done by the next showing day, and so to continew furnished
from time to time.
It is ordered that swine, after a weekes time, be kept vp as
before ordered, vnder ye same penalty.
Thomas Lampson being called to answer to something ye
court had to say to him, was not prsent, whervpon ye mrshall
was ordered to call for his fine.
John Coopr ppounded for a small pece of meddow in ye
mill river meddow, but nothing was don.
In the monthes of December and January ther was no
courts, because no buisnes was prsented, though the court
attended ther some time.
F. N. 1649.
FINIS.




ERRATA.
Page 20, line 16,for church esof, reed churches of.
Page 140, line 20,for Sam: Farres, 2read Sam: Farnea.
Page 168, line 15,fori page 194, read page [194.]
Page 360, line 27,fo7r Robret, read Robert.
64




Secretary's Office.
a ertebL cectifin, that I have caused the printed matter
contained in the foregoing pages of this volume to be carefully
compared with the original Record, and that the same is a
true, full and literal copy thereof.
Aln itMtimonUn   bcwlrcof, I have hereunto set
L. S.      my hand and the seal of the State, at Hartford, this 9th day of April, A. D. 1857.
N. D. SPERRY,
Secretary of State.




APPE NDIX.
The following letters, with one exception, are from a volume in the office of the
Secretary of the State of New York, endorsed, " New York Colonial MISS. (New
Netherland,) vol. XI. The letter marked I, is from the files of the Commonwealth of
Massachusetts, at Boston.
A.
GOVERNOR EATON TO GOVERNOR STUYVESANT.
The first letter of Mr. Eaton, being supscribed,
To the Right Worsll his much honoured friend Tho: Steuenson Esqr, Generall of the forces for the West Indie Company, & Gouernour of the Dutch Collonye att Manhatans.
Right Worll & much honoured Sr
Yours of the 20th of June new stile, I haue receiued, &
congratulate yor saufe arriuall att the Manhatans, with your
accesse vllto, & settlement in that weighty trust of gouermt.
I readilie close with your equall proposition of a neighbourlie
correspondencie, that justice may haue a full & free passage
in all occasions betwixt vs; & particularlie, that if any either
breake prison or fie from one of these iurisdictions to the
other, wheather to defraude creditours, or to escape deserued
punnishment, hee or they, vppon due notice & demand, may
be apprehended, deteined, & retourned, wth due allowance of
charges, as the cause may require, & accordinglie haue by
our Marshall haue made serious enquirie after Michaell Piket,
the malefactour yow mention but cannot yett heare of him. If
in such causes hereafter yow please to describe the pson, by his
natiS: his age, stature, apparell, or by any other obseruable
markes, the discouerie may be more easie and certaine, such
guiltie fugitiues (fearing a pursuit) being apt through a guilefull subtiltie to change & denye theyre names, & the place
from whence they came, but if any suspected stranger come
heather, I shall indeauour by examination to plucke of the
disguise, & if it may bee to retourne yor prisoner. With my
due respects to your selfe & AMounsr Kieft I rest,
Yours in all seruice of loue,
Theophilus Eaton..
Newhauen, June the 19th, 1647, St: Angl:




508                   APPENDI fX.
B.
GOVERNOR EATON TO GOVERNOR STUYVESANT.
2 letter, To the Right Worll Peter Styvesant Esq: Gouernr of
the Dutch plantation att Manhatans.
By yor agent Mr. Gouert I reed two paps from yow, the one
sealed, the other open, but neither of them written either in
Lattin, as yor predecessour vsed, or in English as your selfe
haue formerlie done, both to me, & to the other Collonys, but
in Low Dutch, whereof I vnderstand little, nor would yor messenger though desired interpret any thing in them, soe that in
pte att least they must lye by mee, till I meete with an interpreter.
In the meane tyme, as formerlie wee were sensible of sundrie
wrongs, & protested against yor predecessr Mounsr Will: Kieft,
soe I hereby witnes against your vnneighbourlie & iniurious
course, in seuerall writings which I haue seene. Without
groun[d] you pretend title to the land in these ptes, one while
from Deleware, to Connecticut Riuer, & another while you extend yor limits further, euen to Cape Cod, from  whence
drawing any line landward North or West, yow wholy take in,
or trench farre in to the limits of all the Vnited English Collonies, who by lycence & auntient pattent from King James,
of famous memorie, since confirmed by his Maiestie that now
is, first came into these ptes, & vpponl due purchase from the
Indians, who were the true proprietours of the land (for we
fownd it not a vacuum) haue built, planted, & for many
yeares quietlie, & without any claime or disturbance, from
the Dutch or others, posessed the same.
And now latelie in a ship belonging to Newhauen, as bought
by Mr. Goodyeare, yow haue sent armed men, & (without
lycence, not soemuch as first acquainting any of the magistrates of this Jurisdiction with the cause or grownds thereof)
ceised a shipp within our harbour, and though Will: Westerhowse, the Dutch merchant, & without our knowledge, before
treated with yow, & then offered the recognition, which in a
former writing to him, yow seemed to accept, yett your agent
refused it, & protested hee would carrie away the ship.
Whereuppon I did first protest against him, & the Generall
Court considering how highlie they were considered in the
premises, though they would not meddle in a controuersie
which belongs not to them, much lesse defend any knowne




APPENDIX.                      509
vnrighteousnes, & though they desire to keepe peace (as farre
as may bee) with all men & particularlie with theyre neighbours of the Dutch plantatia, yet they fownd it necessarie, &
resolued by all iust meanes, to asist & vindicate theyre right,
in Newhauens lands & harbour, & theyre iurisdiction of
both, that themselues & posteritie be not, (through theyre neglect,) inthralled & brought vnder a forreigne gouerment, by a
ceisure made in theyre harbour vppon such an vnjust claime,
the court conceuing it free for them, according to the laws of
God  & nations, to entertaine trade brought vnto them,
wheather by land or sea, without enquiring into the priuilidges of forraigne companies, or examining wheather recogniti6 be due, or paid in another countrie, nor is propable that
your selfe, if an English ship or vessell bring necessarie prouisions to the Manhatans, will be sollicitous wheather custom be
pd in England.
Wherefore, wee haue protested, and by these presents doe
protest, against yow Peter Styvesant, Gouernr of the Dutch att
Manhataes &c: for disturbing the peace betwixt the Engl: &
Dutch in these ptes, which hath bynne soe long & so hapilie
maintained betwixt the two nations in Europe, for obstructing & hindering those passages of justice & neighbourlie correspondencie, which yor selfe haue propownded & desired betwixt the Engl: Collonies & ye Dutch plantations, by making
vniust claimes to our lands & plantations, to our hauens &
riuers, and by taking a ship oute of our harbour, without our
licence, by yor agents & coinission, & wee hereby professe that
what further inconuenience may hereafter growe, yow are the
cause and author of it, as we hope to cleere, & proue before
our superiours in Europe.
Dated in Newhauen in New England this 8th day of Octobr',
1647. stil: vet:                     Theophilus Eaton.
C.
GOVERNOR EATON TO GOVERNOR STUYVESANT.
Mr. Eatons 3d letter, in answere of those in Dutch & one in
English sent with the predecent.
Sr
Since the two former papers mentioned in the inclosed, I
haue by yor fiskall recd yor letter   dated Octobr the 16th new
stile, though I doe not fullie & particularlie vnderstand the




510                    APPENDIX.
contents of the former, yet the sownd & sense of them  are
offensiue. In the former pte of yor letter I could close, & as a
reall friend of righteousnes & peace, (vppon your ingagemt of
doeing like offices of loue and justice as opportunitie serueth
to all the English Collonies) could willinglie giue an example
of neighbourlye correspondence and respect in returning your
fugitiues, but protests & threatnings are ill arguments to
drawe on performances which are free & of courtesie; when
therefore yow interpret your meaning, that it may passe and
be receiued as a neighbourlie office of loue, without expectation or implication of any authoritie on your pte or subordinate in ours, I shall readilie deliuer the prisoners, to any yow
shall appoint to receiue and discharge them, in the meane
tyme yow were misinformed when yow heard they walked free
in our plantacio, yor agent was present when I first sawe &
committed them.
Concerning the latter parte of yor letter, I know that
princes and states in amitie haue somtymes by power ceised
ships in each others harbours, the English (yow say) ceised
some of the French in yor ptes, and the Hollanders haue probablie seised some of the Spaniards in the English harbours, but
this reacheth not the question, an iniurie against the which, I
did & still doe protest, that without any iust grownde, yow
should first pretend title to the lands, streames, riuers, etc:
truly belonging to the English Collonys, & by them many
yeares quietlie, & without any question, claime, or intimation
of title from others, lawfullie posessed & planted, & then giue
comission vnder that respect & consideration, to seise a ship in
one of theyre harbours, without lycence, this, thus done
would haue giuen offence in any pte of Europe, or of the world,
and were this iustlie cleered, I hope all other questions betwixt
vs might issue to mutuall satisfaction, in expectatio whereof I
rest as formerlie.                 Yor lo: friend
Theoph: Eaton.
Newhauen in New Engl: this 15tll of Octobr,
1647, st: vet:




APPENDIX.                      511
D.
DEPUTY GOVERNOR GOODYEAR TO GOVERNOR STUYVESANT.
This followeing was sent by Mr. Goodyeare, Deputy Gouernr
of Newlhauen, & directed to the Right Wori} P. Styvesant
Esq:, Gouernlr for the West Indie Company.
these present att Manhatans.
Sr
Yors of the 16th present is come to hand, wherein yow
take notice of fauour to yow in taking the thre fugitiues, &
promise as opportunitie shall present, to doe the like for vs,
but I suppose yow would better consider it, then to send vs
any pson of ours (with yow) wee claiming him  or them, as
from our owne Jurisdiction, but I haue what may bee spoken
in that poynt to further information from our Gouernr.
I further pceiue yow are informed of our discontent in taking awaye the ship oute of our harbour, yor Captt knowes
wee carried it with loue & respect to him, & without any appearance of discontent, when hee shewed yor corihssion; and
Sr, if wee had bynne greived or offended, we had a full opportunitie to haue righted ourselues, yea, if we would haue giuen
libertie, & ourselues not haue acted, yow had failed of your
purpose.
But that which moved vs, (and doth offend vs att this present,) is that yow, ill a letter to Mr. William  the merchant,
write that he was in your harbour, the whole towne taking
notice of that claime did forthwith resolue to stay the ship,
and accordinglie attempted it, but to late, for allthough neighbourlie correspondencye is desired and will euer be indeanored,
yett the English in these partes will not easilie be brought
vnder any forraigne nation, nor loose theyre lawfull rights,
and priuilidges not only purchased of the true proprietours,
the Indians, but allsoe by pattent from the King of England
many yeares since, yea, allsoe our Gonernr, Mr. Eaton, is allsoe a pattentee of that graunte to the Bay of Boston; & it is
well knowne to most that Or friendship with the state of England, & theyre fauour to vs, is as free & as full any in New
England, & we came with theyre full consent & approbatio, &
more then ordinary incouragement; wee purpose, neither
haue we any thing in our hearts but loue & neighbourlie correspondencie with yow; & in nothing are, nor I hope shall bee
iniurious to yow, or any of yours, but if we shall be requited
with the contrary, I doubt not but through Gods asistance, yow




512                   APPENDIX.
will finde vs able to maintaine or inst rights, and not in the
least to feare the sword or threats of any adversarie, but if
yow still desire any neighbourlie correspondence, (as you
desired it when I was with yow,) yow shall finde us ready to
our vtmost. I am in haste, your seruant calling for my lettr;
only one word to desire yow to send me 50 or 100 skipples of
salte, and to fetch your beefe and porke; I doubt I must presentlie kill the beefe, for it will fall dayly. I cannot yett gett
or procure men to thresh come, but I shall further it soe farre
as I may; your fiskall hath only receiued 25 gildrs. I proferred him what euer hee desired, but it was what hee would
accept for his present occasion, soe in greate haste, desiring yow
to excuse my scribling, I rest,
Yours in what I may,
Stephen Goodyeare.
Not dated, but it came with the fiskall
with the other two of Mr. Eaton.
E.
GOVERNOR STUYVESANT TO GOVERNOR EATON.
The answere to Mr. Eatons letter, being directed to the Right
Worshll Theoph: Eaton, Gouernour of Newhauen.
Yours of the 15th of Octobr st: vet: I receiuied; the obstacle is yor misenterpreting of some passages in myne to yow,
for the cleering of which & remouall of all doubtes & iealousies, I hereby declare, I doe not in any measure desire either
to usurpe vppon your right, or assume vnto my selfe any
power or gouermt ouer the English there; but as I haue formerlie writt to yourselfe, and others, I am, (and hope shall
soe continue,) as studious for the preservation and encreasing
of loue and amitie betwixt your nation and ours in these
ptes as any, of the which I suppose you cannot be ignorant,
in my propositions to my worthy friend, Gouernour Winthrop,
the which I shall on my parte be ready to make good and giue
pregnant testimonie to the world of my readines & willingnes
of a faire and neighbourlie composure of any difference betweene vs, (God blessing) our ioynt meeting with the cofiiissionrs when the tyme shall be appointed.
For what have I either written or done, that may seeme
offensive to your self, or any other impartiall wise man, I as




APPENDIX.                     513
yett am ignorant, for I suppose they cannot but knowe, that
(as I am  deputied by authoritie from my souereigne Lords
and masters, the High & Mighty, the Estates Generall of the
Vnited Belgicke Provinces, soe to them must I glue accompte,
and by them be adiudged in whatsoeuer shall appeare amisse
in any action or passage of myne; and should I, in the least
measure, transgresse in the observation of theyre commands,
yow well know my lyfe, estate and reputation lyes att stake and
must answere, and therefore for whatsoeuer I haue done concerning my countriemen in my supprising theyre ship there,
they may haue recourse to the Justice of theyre natiue land,
and I shall not only deliuer them  theyre cofinission, but the
coppie allsoe of all our proceedings heere'against them, and for
my threatning of any belonging to your Jurisdiction, I suppose yow are either misenformed or mistaken; therefore I
shall entreate your deliuerie of the fugituies to this bearer,
our commissaries, your charitable opinion both of my actions
and intentions, your compliance, & correspondent neighbourlie respect from one to the other, a leaning of all altercation
on either side, but a ioynt indeavour in vs both for the full
effecting of all mutuall offices of loue, and composing all differences, att our ioynt meeting in the spring with our worthy
friends, the Gouernours of Boston & Plimouth, I shall rest
Yors in any office of Christian loue
P. Styvesant.
Fort New Amsterdam in New Netherlands,
Nouembr 13th, 1647. st: no:
F.
GOVERNOR STUYVESANT TO DEPUTY GOVERNOR GOODYEARE.
The answere to Mr. Goodyears letter.
Sr
Yours I receiued wherein yow are pleased to write concerning my supprising the vessell there, and of your townsmens
discontent att some passages in my letter to Will: Westerhowse; what he hath diuulged I know not, yett sure I am, I
was desirous to carrie it as inoffensiuelie to my neighbours
there as I could, howeuer they may apprehend, yett you and
yours shall reallie finde mee as cordiallie willing, att all tymes
and all occasions, to indeauour a continuance of all friendlie
and neighbourlie amitie betwene vs, allthough haplie many
65




514                    APPENDIX.
vaine rumours may arise whereby Jealousies & discontents
may be fomented.
I haue sent according to your desires for the receiuing the
prouisions. For whatsoeuer yow shall please to deliuer to our
comihssarie, his note shall be a sufficient discharge. Sr, I thanke
yow for your supplieing our fiscall and for your further tender
to him, and your respects to my selfe, the which I shall indeauour to requite, and remaine,
Your assured louing friend
P. Styvesant.
Fort New Amsterdam, in New Netherlands,
Nouembr the 13th, 1647. St: Nouo:
G.
GOVERNOR EATON TO (GOVERNOR STUYVESANT.
Mr. Eatons 4th letter.
Sr:
By yor coihissarie I haue latelie receiued yors dated Nouembr the 15th, new stile, but finde not that satisfaction
therein which I expected.   Mly former, Octobr the 8th,
(though it came to your hands in that of the 15th, delivered
by yor fiscall,) yow mention not, & your expressions in this,
(considered with the questions betwixt vs,) are att best darke
and need explanatio: how you can saye you desire not, in any
measure, to vsurp vppon our right, when yow lay claime to the
land, riuers, streames, &c. wch iustlie belongs to the English
collonies, I vnderstand not. It is well knowne, both in Europe
& heere, that by auntient pattent, the Kings of Engl: haue
graunted (all that pte of America called New England, lyeing
& being in breadth from 40 to 48 degr. of northerlie latitude)
vnto his subjects for theyre incouragemt to settle & plant
abroad; and accordinglie, vppon due purchase from the natiues, the true pprietours of the land, (for we found it not a
vacut,) we haue built, fenced & setled our selues heere, nor
hearing soemuch as of any the least pretence the Dutch did
or could make to any of this land, in many yeares after; it
is true that aboute flue yeares since, yor predecessr, Mounsr
Will: Kieft, grew iniurious to vs, both att Deleware and else
where, wee then witnessed & protested against his course, &
required satisfaction, which we still expect, & in due tyme
shall offer the particulars to consideration.




APPENDIX.                     515
From your selfe, according to the tennour of yor first
lettrs, wee hoped for a more neighbourlie correspondence,
but yow baue not only trod in his steps, but in a short tyme since
your entrance, haue allready, in some respects, gone beyond
him, as may appeare in this briefe account of particulars.
In yors of the 25th of June, to the Gouernr of the Massachusets collony, webh yow now mention, yow pretend an indubiate right to all the land betwixt Conneticut & Deleware; in
yor protest dated Octobr the 12th, yow grow in your demands,
extending yor limmits from Cape Codd, within Pliffhouth collonye, to Cape Hinlopen towards the sowth, (a place or name
to me yett vnknowne;) yow charge Newhauen in particular,
as vsurping your grownds, land, riuers, streames, & are
offended for theyre trading first with Simson Johnson, since
with Will: Westerhowse and other Dutch men; yow ceise a
ship in our harbour without licence, pretending title to the
place, & complaine of a purpose & iust resoluti5 in vs to vindicate our owne right in a lawfull waye; yow require vs to
send the Dutch merchts & theyre goods, with a recognitid,
&c., to the Manhataes, and if wee attend not your directions,
yow threaten hostilitie to Newhauen, pretending to keepe
peace with the other collonies, & in yor letter which came &
beareth date with the forementioned ptest, you vniustlie charge
vs concerning yor fugitiues, & in a coimanding, threatning stile,
require thenm from' vs, & att or aboute the same tyme, in a
letter to Will: Westerhowse, (as I am informed,) you threaten
to fetch his goods oute of Newhauen by force; you haue
imposed or taken an excessiue high custom, excise or recognitio for all goods sould within your jurisdiction, with ceisures
for ofiissions or misentries; our vessells must anchor vnder
your erected hand, a place very inconvenient, and as if you
ment to shut vp the passage by the Manhataes, or by vnsufferable burthens to wearie the English oute of trade, you beginne to
take recognition, &c. vppon goods traded elsewhere, & in theyre
retourne passing only by the Manhataes; I heare allsoe you
threaten to burne or beate downe our trading howse, built
vppon our owne purchased land, within our owne liffits, and
farre from any trading howse of yours or any pte of Hudsons
riuer, and which is yett worse, it is reported to vs by seuerall
psons & from seuerall places, that your secretarie hath indeauoured by a slanderous report to incense the Long Isl: Indians,
and your selfe, att Aurania fort, haue attempted to trye other
companies of Indians against the English. If this agree with
rules of Christianitie or good neighbourhood, I doubt not but
we may retaliate and when wee see cause turne the edge and




516                   APPENDIX.
point of those weapons vppon your selues. I enquire not after
your grownds in sending Captaine Forrester to Holland, the
English collonys may haue occasion to write after the same
coppie hereafter.
In the meane tyme, the scope and tendencye of the premises doth directlie crosse & contradict your profession of
peac and amitie, & will in each particular afford matter of
serious consideration to the English collonies, and vnlesse
things be cleered speedilie to satisfaction, yow will constreine
vs either to require and receiue recognition in proportion to
what wee paye, or to prohibit all comerce betwixt the English
and Dutch jurisdictions in these partes; for our selues we
accompt and with good warrant call our title to the land, riuers and streames wee posesse, an indubiate right. Wee know
wee have as full libertie to trade with Dutch merchants within
our harbours & to admit Dutch inhabitants into our plantacions as yow the English, in either case; yett wee readilie
close with your propositions to considder, examine and issue
all differences, and though it be not vsuall for one ptye to
choose both arbitratours, I shall for this once consent to the
choice your selfe haue made. The Gouernours of the Massachusets and Plimmrouth collonies are men approued for wisdom
and integritie, nor shall I differ from yow in those circumstances of tymne and place, supposing yow will haue due respect to conueniencye, only by way of preparatiG it would be
considered and agreed what shall be put to referrence,
wheather the title of land, riuers, streames, &c., or any pte of
the forementioned tract from 40 to 48, including the Manhataes and Newhauen, or only other questions and iniuries which
haue bynne formerlie or more latelie greiuous and are not yett
satisfied. If yow please herein to expresse your meaning fullye & cleerlie you shall finde mee reall and readye to meet
you in any peaceable & iust waye. In expectation of your
speedy answere that occasions may be ordered accordinglie, I
rest,
Yor louing friend,
Theoph: Eaton.
Newlauen in New Engl:
Nouembr 16th, 1649. st: vete:




APPENDIX.                     517
H.
DEPUTY GOVERNOR GOODYEAR TO GOVERNOR STUYVESANT.
Much Honoured Sr,
Yor beefe according to couenant is delivered. Mr. Keisar
yor Commissarie, his late comeing being very pr[       ]
(cattle being fallen in theire flesh) & yett nothing to yor aduantage, I was necessitated to furnish a greate pte out [of what]
I had puided for the Barbadaes, but my indeauours are, &
shall be to my vtmost to pforme my couenants in all thi[ngs.
I] desire wee may attend peace & neighbourlie loue, & correspondencie one with another; and if in ally thing wee may
pleasu [    ] I shall be ready to my vtmost to shew it in any
friendlie & neigibourlie waye to doe it. I reioyce to heare of
the late blessing in the little one giuen you, & of yor wifes
strength, soe cofxiitting yow, & your weighty affaires to Gods
goodness I rest.
Yours in any office of loue to my power,
Stephen Goodyeare.
Newhauen, Nouembr the 22th, 1647.
GOVERNOR EATON TO GOVERNOR WINTHROP, OF MASSACHUSETTS.
Sr
Yours of the 9t1 came to my hand the 24th of Nov: wth one
inclosed to the Duch Governr. I am much ingaged to you,
for your labour of love, and should gladly improve any opportunity, in a way of thankfull returne.
In all afflicting providences I desire to looke higher then the
instrument, I can also readily confess wth you, that our holy &
righteous father hath just cause of controversye wth all the
colonyes & churches in these pts, for abating, if not declining,
from their first love, zeale, workes, &c. And could heartily
wish that besides prayers, &c. the magistrates and elders
would joyne heads & hearts, fill up their places & improve
their interests (as Esay & Hezekiah, whom you mention to
another purpose, Ezra and Nehemiah,) for a thorough reform



518                   APPENDIX.
ation, that our wise & gracious God might finde & see many
making up the hedg and standing in the gapp, &c.
Concerning the Duch, and our exercises & intercourses with
them, I must be a litle more large, but would premise that the
high esteeme & respect, I have & doe justly beare you, makes
me consider and seriously question my owne way when ever
(though but in circumstantialls) I dissent & differ. It suites
my judgment certainly and I hope my practise also, that (putting in what weight I can into argument,) I steere a midle
course, betwixt provoking an adversary by unnecessary invectives, or uncomely language, and giving undue titles, whereof
he may make ill use, and I may after repent.
What hath passed betwixt Monsr Kieft, and us of Newhaven,
you have formerly heard at large, and what passed betwixt the
comfissionrs for the colonyes and him, in refference both to
Connecticutt & Newhaven, will appeare by those records. In
all wch I doe not yet know that we gaue any just cause of
offence, but that euer any advice of yours was rejected, as proceeding from weakenes, or that euer you did advise to more
mildenes & moderation then we used, I cannot yet call to
mind.
For the present governr, I know the place he holds under
the West India company putts an honour upon him wch upon
all occasions I would shew due respect, and concerning his
psonall abilities and indowments, I would suppose his principalls may know that, to wch I am yet a stranger and I doubt
shalbe, but either his actions speake more of his justice & prudence, or those that come from thence, less of his passions &
exactions, but what euer the man be, I suppose I may safely
say some stepps in his way have bin to us causelesly injurious.
What passed formerly, you fully understood by my letter, Octobr 20th, and the copies inclosed, since wch it is brought to us
from seuerall places, that he and his agents haue bin working
with the Indians to incense & hire them against the English.
It is true we haue but Indian testimony for this, nor are we
like to haue more in such a buisnes, but it comes with the
greater euidence because one of the Sagamors reporteth, that
as a motiue he told the Mohawkes, the English would fight
with him for selling them peeces, powder and shott, wch
(though streyned) may refferr to the coffiissionrs letter to him
from Boston, yet in a letter sent by the couiissary, dated Nov.
15th new stile, he pretends to be studious of preserving love &
amity, suposeth I am mistaken or misinformed, when I speake
of his threatning any in our jurisdiction, he desires a charitable opinion of his actions & intentions, and that all differences




APPEN-DIX.                   519
may be composed at our meeting in the spring wth your self
and the governour of Plimouth, which compared wth his forementioned letter & protest dated Octobr 12th, with his actions
and report of other proceedings, wch best shew his intentions,
seeme (that I say no more) very stronge, I desired the coihissary, before Mr. Atherton, to read and reconcile them; he
read but could put no other interpretation upon them then I
had done, hereupon I returned answer, as by the inclosed
copie may appeare.
Since wch I am informed from Captayne Mason, that David
Provost (late agent for the Duch at their house by Hartford)
tells the Indians at Saybrooke, that the Duch will shortly fight
wth the English, and that they have ingaged all Indians to
them  except the Moheages. These reports can hardly be
imagined to grow without roote or cause, but how ever, they
are inconvenient and chargable to us. Connecticut hereupon
will hasten the finishing of their fort, and Newhaven at their
great charge have made some slight workes or platformes to
plant a few gunns, to secure the towne as they may from
smaller vessells.
So that when I consider how things stand betwixt the Colonyes & the Duch in these pts, what heavy burdens they lay
upon trade, even to discouragment, what claimes to our land,
&c., what attempts & threatnings of hostility they make, I see
no better way to preserve our owne liberty & peace, and to
suppress such injurious, insolent courses of unneighbourly
neighbours, then that all the colonyes prohibitt all trade with
them till trade & peace (by some meeting) may be freed and
better settled.
For the Duch fugitives, upon occasion of some delinquents
lately fledd from these pts, I wrote to the Governr by Mr. Atherton, Nov. 19th, before yours came to hand, that upon any
reasonable satisfaction in the questions betwixt us, they shalbe
delivered to any he shall appointe to receive them, and that
none of theirs of suspicious quality shall hereafter (wth our
knowledg & consent) pass through these pts, unless they bring
something under his hand for their warrant; to conclude,
though I have sealed your letter to the Duch Governr wth a
purpose to send it forward by the next opportunity, yet upon
further consideration I thought fitt first to advise wth you
whether (in refference to the premises) some thing may not
be altered, & some thing added according to later occurrents
and as may best prepare for the meeting propounded, if your
self and the cofiissionrs see cause & please to write another
letter (wherein I suppose you would not vary any thing from




520                    APPENDIX.
the sense & ayme of your Generall Court,) I shall send that
or this according to direction.
Wth my due respects to your self, Mr. Cotton, & other
friends, I rest
Yrs many wayes ingaged to all
service of love,
Nov. 26, 1647.                                   T. E.
[Endorsed in the hand-writing of Mr. Joseph Hills,
" No 26, 1647, Mr.
Eaton touching
the Dutch."]
K.
GOVERNOR STUYVESANT TO DEPUTY GOVERNOR GOODYEAR.
This vnderwritten was in answere of Mr. Eatons, being directed to the Deputy Gouernrl Mr. Goodyeare, the E: H:' thinking it inconuenient to answere Mr. Eaton in respect of his
vniust charges.
Worthy Sr,
By or Coffissaries Keisar I recd one letter from yor selfe, &
another from yor Gouernr, & latelie one from both by Mr.
Allerton; you complaine of our commissarie's breach of promise concerning some salte, his pretences are, the wind proueing faire hee would not loose the opportunitie, that he was
longer deteined there, for the receiuing of what was pd him,
then hee expected; soe small a quantitie will not be worth the
sending a vessell purposelie theather, therefore for the future
I shall accept the paymt of wt is due from Mr. Allerton: In
myne to yor Gouernr I had thought I had giuen him sufficient
satisfactio: & expected the like from him, but contrarie to my
expectatio: & opinnio: of his wisdom, his letter was full of
complaints and pretended iniuries.
And whereas he writes my lettr was at best darke, & neede
explanatio: thus farre I will expound myselfe: that claimes to
pretended rights are noe iniuries & giues me noe lawfull
pprietie to what I claime, vnlesse lawfullie adiudged, (in
which neither hee nor I can be competent judges) and I suppose yow and he well knowes, that many protests and passages
in this nature are only pro forma, and therefore for whatsoeuer
I haue done in that kinde, I haue not as I conceiue, wronged
him, or the right of his countriemen there, vnlesse I had
* An abbreviation for "Edele Heer," two Dutch words signifying "Honorable
Gentleman."




APPENDIX.                     521
sought to make good my claime by force of armes, the which
I haue not as yett soe much as thought of: although he semes
to adiudge the cause on his owne side, by vertue of the
graunte of his Matie of England his pattent to his subiects of
England, likewise blaming my predecessr for some passages att
Deleware who I hope is nowe in his natiue countrie, & if he,
or any one else, haue any thing to laye to his charge, they may
there question him, and I doubt hee will answere what soeuer
they can obiect against him.
For myne owne pte I canne noe ways interpret his, but as
an aggrauating of former passages, to the worse sense, laying
many things to my charge, ripping vp (as he conceiues) all
my faultes, as if I were a schole boy, & not as one of like degree with himselfe, and they are soe vaine, and by me soe
sufficientlie answered that I shall be silent, and only instance
in 2 or 3 of the cheifest of them.
First concerning my receiuing recognition heere, that it is
soe excessine high, &c: I only answere, Euery State hath power
to make what lawes, and impose what customs in theyre owne
precincts they shall thinke conuenient, without being regulated or prescribed by others, yet notwithstanding wee haue
bynlne soe fauourable to your countriemen trading heere, that
they-pay 8st p cent. lesse then our owne, and I am confident all
things considered not 4 p cent.
Hee likewise obiects against me (his heare say) of my
threatning to burne or beate downe yor trading howse, & of
report from seuerall places & psons, concerning my selfe, &
secretarie's indeauouring to raise the Indians against the English, threatning a retaliation and turning the edge and point
of those weapons vppon vs heere, I had thougth lie had had
more noble worth being a gouernr, or charitie as he was a
Christian, (hearing such reports of one of like qualitie as himselfe) not to haue giuen credit to them, but rather imprisoned
the reporters vnlesse they could haue sufficientlie proued it;
and I take it to be as greate an iniurie to me, (to haue such
reportes raised and beleued) as possible may bee.
Concerning my sending Capt. Forester for Holland, and
that the English collonies may haue occasi5 to write after the
same coppie (I vnderstand him very well) and I doubt not but
theyre wisdoms will doe that which they may well answere to
theyre principalls, as I to myne, and therefore neede not giue
him, or any one else heere, an accompt, yett for yor satisfacti6,
he claimed the gouermt of all Long Isl: Dutch & English, and
produced a coiiissi5 wheather counterfeit or noe, I know not,
for it was sealed but not signed.
His conclusion is indifferent faire, but I shall not begg it
66




522                   APPENDIX.
from him. If I meete in the spring with the gouernr of Boston
& Plimmouth I hope we shall doe our best for the reconciling
of all differences; to put any thing to them as arbitratours I
am not yett resolued, but shall willinglie complie with them
in what they shall thinke conuenient, and whereas he is soe
full of his retaliatio, according to his owne words and practise, hee must giue vs leaue to giue libertie to any that shall
flye from your jurisdiction to remaine vnder our protection
vntill our fugitiues are deliuered, which assone as done I shall
indeauour to send theyres backe, soe Sr with my loueing
respects I take leaue, and rest,
Yor assured lo: friend,
P. Styvesant.
Fort New Amsterdam in New Netherlands,
Decembr the 16th, 1647. st: no:
L.
GOVERNOR STUYVESANT TO GOVERNOR EATON.
This following letter was sent to Mr. Eaton by the Secret:
Teinoh.
To Mr. Eaton.
Worthy Sr,
Certaine reportes comeing to my eares that, some of my countriemen & others vsing to trade with natiues of yor ptes, doe
indirectlie sell vnto the sd natiues powder, gunnes & lead, &
that in particular one Gouert Lockoman had done it, & withall had indeauoured to instigate the Indians there against the
English, I could doe noe lesse then in discharge of my duty to
God & myi neighbour, but seriouslie to enquire into it, and
haue vsed my best indeauour for the fineding oute the truth,
it being of soe high a concernement as to arme the Indians
against the Christians, vppon all occasions, & making debate
& iJealousies betwixt the two nations in these ptes, that haue
soe long & happilie lined in vnion in our natiue countries.
I haue therefore thought good to send our secretarie vnto yow
aboute it, togeather with such information as I hane receiued
vnder the hands of Mr. Throckemorton, Mr. Willet, & Mr.
Hart, & humblie entreate yow, yow would be pleased to vse
yor indeauours to the magistrates of Sowthampton & other
places, that the truth may be knowne in the premises, concerning the sd Gouert or any other that haue relation vnto our
jurisdiction, & if proued against him or others, yow shall




APPENDIX.                      523
apparrentlie finde that I will not countenance any of ours in
such wayes of vnrighteousnes, but cause such examplarie
punnishment to be inflicted vppon them, as shall deterre
others from doeing or attempting the like in both respects,
either in indirect trading or instigating the Indians against or
Christian brethren of the English nation.
I very well know such practises & speeches by any of ors is
& may be cause, (& that iustlie,) of iealousies and discontents
between vs, but I doe hereby protest, before God & the
world, my innocencie in either respects, & doe reallie & heartilie desire a continuation, growth & encrease of neighbourlie
loue & correspondencie betwene vs in these ptes, and for the
effecting of which I haue latelie written to the Gouernrs of
Boston & Plimmouth, that if they, with yor selfe, will please to
giue me a meeting att Conneticut att any tyme you shall
appoint, this summer, I doubt but through the blessing of
God wee shall giue that mutuall satisfaction to one another,
in euery respect, that past differences may be forgot, future
preuented, & a happie union betwixt our nations in these ptes
firmelie knit. Desiring yow will please to giue me an answer
to each particular by or secret. I shall take my leaue & rest,
Yors to my power in any office of loue,
Pet. Styvesant.
May the 28th (48) 1648.
M.
GOVERNOR EATON TO GOVERNOR STUYVESANT.
The answere.
Honoured Sr
Yors of the 28th May, 1648, st. no., I recd by yor secret.,
in the former pte whereof yow expresse a due sense of ye miscarriage of some of yor traders, who neglecting ye publique
saftie & peace, for priuate gayne & respects, not only dispose
& arme the Indians for warre in generall, but incense them
against the English in particular. Yor secret. to this purpose
hath shewed me the testimonies Mr. Willet, Mr. Throckemorton & Mr. Heart hath giuen against Gouert Lockoman. Yow
may please to remember both what the comissionrs for the
vnited English Collonies wrot from Boston, August 17, 1647,
concerning this dangerous trade, (of selling gunnes, powder,




524                   APPENDIX.
shot, &c., to the Indians,) driuen by some of yors att Aurania
fort, at Long Island, within the riuer of Conneticut, att' Narrowgansett, & other places within the English jurisdictions;
but how to discouer & suppresse it, (the pticular traders then
vnknowne to the comissionrs,) they left to yor wisdom  &
iudgemt, & what information I gaue, Nouembr 16, 1647, concerning that vnchristia & neighbourlie course of incensing
the Indians att Long Isl: & else where against christian neighbours. It is true we had but Indian testimonie, nor may it be
expected that they which are exercised in such crooked & vndermining workes should blowe a trumpet & call in witnesses
of more credit.  Soone after I heard from  Saybrook that
Dauid Prouost, (somtimes agent at yor howse neere Hartford,) tould the Indians aboute Conneticut riuers mouth that
the Dutch would shortlie fight with the Indians, & that they
had ingaged all the Indians in these ptes, (the Moheags excepted,) vnto them. Janu. tile 3d, 1647, a complaint was
brought from the English att Sowthampton, that Gouert Lockoman had bynne latelie trading with the Indians of those ptes,
who reported that after he had sould them some coates he
declared that if they would buye more, with euerie coate hee
would giue a pownd of powder, which pcured him  a quicke
markett & soe furnishes the Indians with powder that they
could sell to the English.; & the same Indians further testified
that Gouert wisht them to cutt of the English, and the Dutch,
(to such a worke,) would furnish them with peeces, powder &
shott enough, wch soe prouokes the Engl: att Sowthampton,
that had thev had order they would haue staide Gouert & his
vessell; since wch I vnderstand that Dauid Prouoost in that
pte of Long Isl: hath indeauored to take, (as it were,) the
ground from vnder the feet of the English, purchasing lands
woh the Indians haue long since passed ouer & vnto which the
Engls for many yeares haue had a knowne & vnquestioned
right, & had giuen a price for the same, till the Indians, (convinced by the English of theyre vnrighteousnes,) retourned
his pay.
These concerne the Engl. collonies more generallie & are as
soe many sparkes fitt to kindle a fire of contention, but I
should allsoe haue added yor late proclamatio, which is a
reall inuitati5 to discontented psons & delinquents to become
fugitiues, with seuerall other greiuances which more directlie
concerne Newhauen, to those mentioned Nor 16, 1647, but
that by yor lettrs to Mr. Goodyeare, Decembr the 13t1, to the
Gouernr of the Massachusets, Febrry the 8tl, it appeareth yow
tooke offence att my open dealing, tending only to prepare for
a meeting wherein all questions & iniuries might be duly con



APPENDIX.                      525
sidered, satisfied and remoued, & a iust wholesom peace setled
& confirmed betwixt the Engl: & Dutch in these ptes. To
conclude, I soe fully close with the contents of this vor last lettr
that I haue allready written to the Gouernrs of the Massachusets
to further the meeting, & to the Gouernr of Conneticut to
enquire if further light might be had from Sowthampton,
(which is in that jurisdictio,) concerning Gouert Lockoman
crooked & puerse waye. Ill the meane tyme, our owne iust
rights duly preserued in retourning of fugitiues, & in all other
offices of neibourly correspondencie, I shall walke with yow
passib. aequis, I rest,
Yor louing friend,
Theophilus Eaton.
Newhauen in New Engl:,
iMay the 31th, 1648. st. vet.
N.
GOVERNOR EATON TO GOVERNOR STUYVESANT.
Mr. Eaton's 2d letter.
Honoured Sr
In my last, by yor secret., May the 31th, (48,) I exprest my
full closing with the contents of yors dated May 28th, new
stile. By letters from the Gouernr of the Massachusets, I am
since informed that he had recd yors of Aprill the 3d & May
the 24th, that with much content he intertaines yor motion for
a meeting & treaty att Conneticut, & vppon a retourne from
the Gouernr of Plin-mmouth will more fully satisfie. In the
meane tyme, I shall offer to yor consideration wheather by
waye of preparation it may not conduce to a more speedy &
comfortable setling of things, if you thinke fitt to admit Mr.
Will. Westerhowse to open his cause & speake in his owne
defence. Heatherto I suppose all intercourse hath bynne by
messengers or letters, wherein there may be somthing mistaken or somthing omitted wch might cleere or mittigate the
offence or censure; if, therefore, yow please to graunte him,
by yor lettr to mee, or otherwise, as shall seeme best to yor
selfe, a warrant or safe conduct to come to the Manhataes, to
stay there a conuenient tyme, & againe thence to retourne in
safetie, without molestatio, either by land or watter, that hee
may expresse & open the grownds of his former proceedings
& present hopes to receiue a milder issue, (in a cause soe




526                   APPENDIX.
weighty & neerelieconcerning him,) then the former sentence
& executi6 importe, I shall aduise him in that waye to attend
yow with his first conueniencie.  I desire yor answere, but to
preuent mistakes shall assure yow, that though vppon different
apprehensions yow for the present refuse to heare or treate in
this matter, yet on my pte it shall neither hinlder nor cast any
new difficulties vppon the meeting ppounded. I rest,
Yors in all offices of neighbourlie correspondence,
Theo: Eaton.
Newhauen in New Engl. June the
20th, 1648. st. vet.
O.
GOVERNOR STUYVESANT TO GOVERNOR EATON.
The answere.
Honoured Sr
Yors of June the 20th, st. vet., I recd, & pceiue that my
ppositions for a meeting att Colnneticut are well accepted both
by yor selfe & the worthy Gouernr Winthrop. In his to me I
vnderstand the tyme will be aboute lthe middle of Septi.  I
shall further entreate yow if it may stand any waye with yor
conueniencie, that the Sd meeting may be aboute the 20th of
Augst, ould stile, in respect or shipping will presentlie after be
ready to goe for or natiue countrie, and I should be very glad
by the first opportunitie to giue accompt to my Lords the Estates Generall of my pceedings with yow, & shall then baue
opportunlitie of sending one expresse to my sd Lords, otherwise I shall haue noe opportunitie till the next summer. And
whereas yow are pleased to write concerning my countrieifman,
Will. Westerhowse, that he may haue free admissio heere,
without molestatio, either by land or watter, I shall desire yow
will please to excuse me therein, in respect I cannot pmit to
come heere without questioning him  for his contempt of
the souereigne justice of or natiue land in his disobeying theyre
established orders; but if lee hath any thing to speake to me,
I doubt not but with the pmissi6 of God to make him an answere att Conneticut, & soe Sr, for present I shall take my
leaue & rest,
Yors in all reall offices of lone,
Pet: Styvesant.
Fort New Amsterdam in New Netherlands,
Jully the 8th, 1648. st. no.




APPENDIX.                      527
P.
GOVERNOR EATON TO GOVERNOR STUYVESANT.
Mr. Eaton's answere concerning the Comissioncrs being sent
ouer land by one expresse.
fHonoured Sr
I vnderstand from the Gouernr of the Massachusets that he
hath written by a vessell bownd to Vir[ginia] and that lettr
may possible be with yow before this came to my hands, yett
considering thle conueyance by s[ea] is vncertaine & somtymes
slowe, I thought fitting to send an expresse that yow may
order occasions accordinglie. I hane with my vtmost incleauor
recommended yor ppositio that there might be a meeting, tosettle peace vppon due considerations & vppon a firme bottome,
& did desire that the place & tyme might suit yor conueniencie, the Gouernr of Conneticut did in all respects fulllie concurre,
but it seemes Mr. Bradforde & the comissionlrs for the Massachusets haue other pressing occasions, wch they cannot breake
through, for that the meeting must necessarilie be deferred
till the Spring or till the middle of June, but wheather sooner
or then, (if the Lord will,) I shall readilie attend it. In the
meane tyme, (referring former questions to a due conlsideratio in the fittest seaso,) I shall walke with yow in all wayes of
righllteousnes, peace & neighbourlie respect, & shall rest,
Yor lo: friend,
Theo: Eaton.
Newhauen, Aug. 4th, (48) st. vet.
Q.
GOVERNOR STUYVESANT TO GOVERNOR EATON.
Honoured Sr
yors of the 4th of August, by yor messenger, I recd, togeather with 2 from Mr. Winthrop, of one by Mr. Pebles, the
other by the man yow sent, wherein I vnderstand of the differring the meeting vntill the next yeare, through some indisposition inl Mr. Bradforde. I shall therefore recommend vnto
yow that in the interim there may be all neighbourlie & mutuall intercourse of friendship between vs, & noe incroaching
vppone one anothers pretended right, vpon any pretences




528                   APPENDIX.
whatsoeuer, but that things may remaine in the same state as
they are, vntill wee shall come to a friendlie, iust and faire
agitation. I shall likewise informe yow that yor intertainement of my countrieman, Will. Westerhowse, amongst yow is
not only dangerous, but may proue destructiue to yorselues &
the other plantations in his vnderhand selling of gunnes &
powder, for I haue sufficient testimonie of one of ours that
bought 50 gunnes oute of his ship & being questioned, (by our
court heere,) for it, confessed it, & that he sawe 8 or 9 chests
more of gunnes aborde; and, as I am likewise in pte informed,
sould one of yor towne (who vseth to trade) some 50 more, so
that by computati5 there was aboute some flue or six hundred
gunnes aborde the ship purposelie for that damnable trade
with the Indians. This I am sure of; there was taken oute of
the ship, (after she was heere,) some 5001i of powder in brandwine caske, besides his ships store. Soe much I thought good
to giue yow a touch of, that yow may doe therein as yow in yor
wisdom shall thinke conuenient.  Gouert intends to come
amongst yow to purge himselfe of those things obiected against
him. Whereas of late there are two fled from our ptes, the
one of them by name James Turner, a squint eyde fellowe
aboute 35 or 40 yeares of age, the other likewise a well sett
fellow by name James Hallet, aboute the same age, I shall
request your asistance in apprehending them if in yor ptes, &
that they may be sent heather; I shall paye all charges, & be
ready to doe the like vppon any like occasion, & rest
Yor assured friend,
Pet: Styvesant.
August the 20th, 1648. st. no.
R.
GOVERNOR EATON TO GOVERNOR STUYVESANT.
HIonoured Sr
Vppon the receipt of yors I sent or marshall to search for
& apprehend all suspected strangers, particularlie such as yow
had described. Two were brought; the one vppon certificate
from Stamforde was presentlie cleered, the other pued to be
James Turner, an Englishman and squint eyed; him I sent
by sea in a pinnace whereof Jeremy How, mentioned in my
letter dated August 28th, st. vet.  I desired further light
with due proofe, concerning Mr. Westerhowse his trade for




APPENDIX.                      529
gunnes, powder, to whom both of yors & ours he sould those
100 gunnes in 2 pccells, & wheather they be come into the Indians hands & by what meanes, that I may call him to an
accompte for what is past & stop the waye of a trade soe mischeiuous for the future.  I haue entreated your Secretry that
the proofe may be the more full & conuincing, because Mr.
Westerhowse being questioned by the comissionrs doth denye
that he brought ally considerable number of gunnes with him,
much more that he bath sould according to the importe of
the charge.
By yors of the 7tl of Octobr, 1648, st. no., which vppon my
retourne from  Plimmouth I recd by yor secret., I perceiue
that neither my letter nor the prisoner were deliuered att the
Manhataes, for which I'shall call Jeremy Howe to accompte.
In the meane tyme yow may rest assured that I was as reall &
carefull in apprehending & retourning the fugitiue as I could
haue bynne had any of the English collonies bynne interressed. Concerning Gouert Lookomans trading with the Indians
& carriage towards the English, I haue to himself exprest my
thoughts before yor secret., & shall leaue him to yor justice.
If Samuell Goodenhowsen proue reallie indebted att the Manhataes, and that through his defaulte Gouert Lookoman as
suertie susteine damage, I shall without referrence to other
questions afforde him  iust asistance; but if it be only a
question aboute goods brought to Newhauen, &c., it will fall
vnder due consideratio att the meeting ppownded, wch meeting the comissionrs desire to prepare & further, according to
the tennour of theyre letter heere inclosed, wch they haue
entreated me to conuey, & from  me they will expect a retourne. If therefore yow please, either by this messenger
whom  I purposelie send to attend yow therein, or by some
other conueyance, with yor first to retourne answere to the
pticulars, I shall imlparte the same to the other collonies.
As one that desireth by all just meanes to follow peace with
all men but especiallie with a Christ: natio, both yow and
mee, (though all questions be fairelie composed) may haue
exercise enough with the wilde natiues, who being ouer plentifullie furnished with gunnes, powder anld shott, are apt to be
iniurious, but if they finde vs diuided and att difference, they
will growe insolent & full of puocations, but I shall not inlarge. I haue reed a testimonie of yor loue & respect which
with due thankefulnes I accept, and shall improue the first
opportunitie to make a more reall retourne, in the meane
tyme I rest,              Yors in all offices of loue,
Newhauen in New Engl: this 9th of      Theo: Eaton.
Octobr, 1648. st: vet:
67




530                    APPENDIX.
Vppon the opportunitie of soe safe & speedie conueiance, as
by this gentelman Ensigne Baxter, I thought I might spare
the sending of an expresse messenger, but I still desire yow
will be pleased with your first conuenience to retourne me an
answere to the particulars in the comissionrs lettr, soe I take
leaue, resting,                           Yors,   T. E.
S.
GOVERNOR EATON TO GOVERNOR STUYVESANT,
Honoured Sr,
I long since acquainted the rest of the comiissr, for the
vnited English collonies with yor answere to [   ] but the
winter season hath so shut up all passages that till now of late
could not retourne theire thoughts.  In theyre names I am
now desired to certifie that your answere in diuerse particular
be not to theire satisfaction, yett the [y are] not only willing
but desirous of a meeting that all differences and grieuances
may be heard, considered & satisfied, accord ll[ing] to righteousnes, & a iust wholesome peace, by all due meanes setled & confirmed, betwixt these English collonies & the neighbour plantacions vnder the Dutch gouermt, only whereas yow desired
the presence & helpe of the gouernours of the Massachusets
and Plimmouth, to weigh and arbitrate &-: (they being both
aged & vnfit for long land journeys, the comhissioners, (in refer*rence to them) thought Boston would be the fittest place, &
for: the tyme they are willing to the vtmost, to suit your occasions, and doe therefore consent that the meeting be the last
weeke in June, or first weeke in July, according to the English accompt, as yourselfe shall please to appoint, declaring yor
mynde in due season, that I may certifie the comiissioners
thereof; sooner it cannot bee, in referrence to other publique
occasions of the collonies, & they would not vnnecessarilie deferr it as hoping (through Gods blessing) wee may all reap the
comfortable fruites of such a meeting & treaty, yett if the last
weeke in July will better answere yor occasions, vppon notice
I conceiue the co missionrs will agree & order according.  In
the meane tyme the cofiissionrs desire me to informe yow
that they cannot submit to the taxes, recognitions & other
burdens imposed att the Manhataes; if they be not speedilie
taken of, yow may not blame them if they prouide due remedy
against them; this is all I haue from them to ppound, but since
I hearde from the comiissionr's by other conuneiance I haue recd




APPENDIX.                      531
informati5 of the death of our worthy & much honoured friend
Mr. Jo: Winthrop, late gouernr of the Massachusets collonye;
he departed this lyfe the 26th of March. I am assured he is a
rich gainer by his remoue, the losse is ours, and accordinglie
I beleue his death will be lamented through all the collonies.
In referrence to this vnexpected & afflicting prouidence, I desire to vnderstand yor mynde, whom you will choose in his
roome to compose & arbitrate differences, or how the meeting
may be carried on to answere our ioynt aymes & hopes, thus
with my due respects I rest,       Yors in all
Theo: Eaton.
Newhauen in New Engl: the 11th of Ap:
1649. st: veter.
T.
GOVERNOR STUYVESANT TO GOVERNOR EATON.
Worthy Sr,
I hope yow have receiued myne in answere to yor' of the
17th of Febr: & whereas yow are pleased to write concerning
the answere of the coiissionrs to myne, first that they are
vnsatisfied in diuerse pticulars, yett willing & desirous of a
meeting, that all things may be composed in a neighbourlie &
iust waye, I hope I haue giuen yow and them  sufficient satisfacti5 of my readines therein, & shall willinglie attend all due
meanes for the accomplishing it, wch they & myselfe conceiue
may be effected by our ioynt meeting; and vppon some considerations is intended att Boston. I suppose my inabilitie to
trauaile soe farre by land is well knowne to yow & them; and
vnderstanding by the latter pte of yor letter of the death of that
euer honoured & worthy gent: Mr. Winthrop, I doe reallie
condole with yow, we being all of vs in these ptes participants
in the sad losse of one whose wisdom and integritie might
haue done much in composing matters betweene vs, & shall
therefore referre to yow and theyre considerations wheather or
noe the meeting may not as well be att Conneticut, according
to the tyme appointed (& vppon notice thereof shall willinglie
attend it,) if not I shall neuerthelesse giue yow a visit att Newhauen, where wee may haue some speech betwene vs indeauouring to remoue all mistakes or misapprehensions betwene
vs, S', I rest,                Yor assured friend,
Pet: Styvesant.
Fort New Amsterdam in New Netherlands,
May the 4th, 1649.




532                    APPENDIX.
U.
GOVERNOR EATON TO GOVERNOR STUYVESANT.
Honoured Sr'
Yours of the May the 4tl by Mr. Allerton I receiued; in
both yow expresse att least a purpose to call Joseph Scot to
an accompte aboute the cowe, &c. I hope yow will prouide
that the man at Stamforde, who bought the cowe after she had
bynne condemned in that courte, may haue speedy & Just
satisfactio, with due allowance for dammage, but what place
Toby Feekes held vnder you att Greenwich, what order he
had first to deteine and then to send awaye the cowe, after
judgement in the English jurisdictio, without satisfaction to the
pty interressed, & how justice may haue a due course hereafter in these neighbour jurisdictions, without disturbance &
offence, is of higher consideratio then the vallew of the debt or
price of the cowe.
Your answere to the commissioners letter from Plimouth,
in diuerse pticulars did not satisfie them, I therein gaue yow
there owne words, yet they were willing & desirous of a meeting, that all differences being considered & duly satisfied, a
just peace betwixt the English collonies and neighbour plantations vnuder the Dutch gouerment, might be continued & confirmed, only in referrence to Mr. Winthrop & Mr. Bradforde,
whose presence & helpe to heare & compose your selfe propounded and desired, the  commissioners thought Boston
would be the fittest place for meeting, not att all questioning
yor abilitie to trauell att least by sea, to soe neere a port, but
I baue sent the contents ofyor last letter to the Massachusets,
& shall retourne theyre answere with my first conueniencie.
I hane spoken to Mr. Allerton to whose informatid yow referred me, aboute the customs or recognitions, with other burthens imposed att the Manhataes; from  him I vnderstand
they are all taken of, & the hand taken downe, att least that
all in the English collonies may anchor where they themselues
see good, in referrence to theyre safetie and conuenience,
whence I conceiue that in all respects they shall finde the
Manhataes, both in theyre trade there, & in theyre passage to
and froe, as open & free as the English harbours haue hitherto
bynne to the Dutch, but whether Mr. Allertons informatiS or
my apprehension be free from errour and mistake I. knowe not,
& may hereafter possiblie be questioned, if therefore your selfe
had been pleased in a matter of this weight to haue certified
what is concluded & setled in the former pticulars, vnder yor
owne hand, that all the English collonies might fiully vnder



APPENDIX.                      533
stand theyre libertie, or what will be expected from them, it
would certainelie byn more to satisfactio.
Lastley whereas yow are pleased to offer a visit att Newhauen for conferrence, & to remoue mistakes, &c. though in
referrence to psonall respects, I am free for all friendlie offices,
wheather att Manhataes or Newhauen, yet remembring what
hath passed not only formerlie in MouLnsr Kiefts tyme, but
more latelie since yor selfe haue managed that publique trust,
I shall offer it to yor consideratiS wheather after a publique
treatye hath bin soe often ppounded by yow, and by vs accepted, to compose differences wherein other collonies are interressed, it be on your pte conuenient, or comly on myne, to
resolue it (without theyre satisfacti6 or consent) into a priuate
visit & conference att Newhauen, and in referrence to offences
heere, whether you be prepared, (according to what shall appeare & be proued just) to giue satisfaction to the questions
yow know in discharge of my duty to the crowne of England,
my ingagement to this jurisdiction, & in answere to the complaints of some pticular psons, I shall be necessitated to propownd & presse, or wheather without such satisfaction we
may propablie expect that our meeting att Newhauen should
pduce any comfortable fruites or effects. I hope yow will neither misconsture nor censure this open and plaine dealing,
wherein I still pfesse my only aime is to further a due setling
of peace & amitie, and soe I shall rest,
Yours in all offices of loue,
The: Eaton.
Newhauen in New Engl:
Apr"l the 30th, 1.649, st. vet.
V.
GOVERNOR STUYVESANT TO GOVERNOR EATON.
To Mr. Eaton.
SrI
Yours of the 30th of Apr"l, stil: vetere, I receined & receiuing a lettr from Heemstate after the vpsealing of my last vnto
yow, I sent it yow by Mr. Allerton, togeather with a discharge
to Joseph Scot from the atturney of the man att Stamford.
And whereas yow are pleased to write againe concerning
the commissioners being vnsatisfied in diuerse particulars in
myne to them, I hope they will neither expect or require more
from me then what I may well answere to the state I serune.




534                   APPENDIX.
Concerning Mr. AllertoRs informing yow of the taking of the
recognitio of goods imported heere (from New England) by
your countriemen, yow may please to vnderstand tliat the ten
p centum formerlie demanded and paid, it is for present suspended & not to be demanded or paid till further order, and
allthough vppon very good considerations there was a signe
erected for to anchor within, yet being now blowne downe by
accident shall be no more sett vp, allthough vppon request I
neuer denyde any of yor countriemen libertie to anchor where
they pleased after they had. shewne theyre obedience to the
said order.
Concerning my writing vnto yow aboute my intentions of
giueing yow a visit att Newhauen in case that the commissioners did not meete at Conneticut, and that in reference to
psonall respects yow were free for all friendlie offices, wheather att Manhataes or Newhauen, yet remembring things past in
the tyme of my predecessr, & what hath bynne done by my
order, yow referre to my consideratio the inconueniences that
may thereby arise, Sr, I haue no reason to miscontrue or censure your open & plaine dealing therein, but to embrace it
with a friendlie aclknowledgemt of yor wisdom, for I suppose it
is well knowne vnto yow that in relation of my duty to the
state I serue, I cannot answere those ends you may be necessitated to vrge & presse, and shall therefore further attend yor
answere from the codhissioners, in the interim shall rest,
Yor lo: friend,
May the 26th, (49.)                  Pet: Styvesant.
VW.
GOVERNOR EATON TO GOVERNOR STUYVESANT.
Honoured Sr',
Yours of the 26th May, 1649, st: no: I haue reed & since
that another dated June     concerning fugitiues, of whose
arrinall in these ptes I yett heare nothing, but haue g[iven]
order to our marshall to enquire and apprehend them.
The comissionrs cannot but conceive & conclude, that the
states you serue will approue & commend a just carriage and
correspondencie towards all the English collonies, & certainelie
in such passes of righteousnes the state of England will direct
& walke with them; we haue formlerlie protested against
Mounsr Kiefts iniurious course att Deleware & else where, as
yow haue bin informed; our right there is well knowne (not




APPENDIX.                     535
only to the English but) to the Duch & Sweeds & Indians.
Wee neuer claimed, nor doe we desire to posesse a foote of land
to which yow can shew any iust title, but we may neither lose
nor let fall the English interest & claime in and to what we
haue purchased & paid for in those ptes; had yow bin pleased
to haue met the comlissionrs att Boston, these & other greiuances which (I need not mynde yow of) might haue bin dulie
debated, & by such a referrence as your selfe haue ppounded,
justice issued. The cofflissionrs for the 3Massachusets haue
latelie certified me that with conueniencie they cannot meet
at Conneticut, besides Mr. Bradford his indisposition to trauaile, of wch I wrote formerlie; AMr. Dudley, one of the present
coibissioners, is aboue 70 yeares of age, and vnfit for such a
iourney.
By yors of the 26th of May, I vndclerstand that the 10 p cent.
formerlie required & taken for good[s] imported, is only for
the present suspended, it may thenI be reimposed or increased
att pleasure, which yow know cannot satisfie; that the hand
erected for anchoring is downe by accident, and shall be sett
Vp neoe more, but I desire if yow please to be further certified,
wheather the English in theyre trading att the AManhataes, and
in theyre passing by to and from Deleware, Virginia, &c. may
expect a full freedome from  all recognition, imposition or
charge, by what name soeuer called, both for goods imported
and exported, or what duties, restraints or confiscations they
must paye and submit vnto, & vppon what grownds, that the
merchant seing his waye, may walke safelie, and the comissionrs may order theyre counsells and courses accordinglie, as
they wrote to yow from Plimouth, Septembr 16th, 1648. So
Sr, I take leaue & rest,
Yors in all offices of loue,
Theo: Eaton.
Newhauen in New Engl: June the
7th, 1649, st: vet:
X.
GOVERNOR STUYVESANT TO GOVERNOR EATON.
The answere.
Sr
Yors of the 7th of June I recd and wonder much att Mr.
Allertons neglect in shewing yow the letter and discharge con



536                    APPENDIX.
cerning the cowe; assone as he retournes I shall speake with
him aboute it, & then write to yow againe.
Concerning yor ptest against my predecessour, iMounlsr
IKieft, aboute some passages att the Sowth riuer, called Deleware, I doubt not but what he did was vppon warrantable
grownds, and made yow a sufficient answere, but concerning
our right there, and of my intentions of maintaining it, I haue
allready written to the gouernours of the Massachusets & Plimmouth, who I suppose will acquaint the codffissioners with it.
Whereas yow write to me concerning yor countriemens
trading hecre, and passing to and from  Virginia and Deleware, &c. I haue allready written & graunted as much as I
can or dare doe, vntill I haue further order from my souereignes and masters, and am not to be responsible to any but
them, nor regulated by any but them.
Your assured friend,
Pet: Styvesant.
July the 2d, (1649,) st: no:




INDE X
Abbott, Robert, goodman, 10, 76, 86, 138, 152, Atkinsonu, Luke, 18, 57, 90, 92, 109, 138, 261,
156. 162, 168, 401.                           303, 316, 430, 486.
Absent lots, see Vacant lots.                   charged with defaming Mr. Davenport, 279.
Acie, Ruth, 84.                               Atwater, David, 18, 41, 93, 138, 155, 302, 321,
Adams, Edward, 46.                              364, 365, 370, 382, 404, 470, 496.
Addams, Thomas, 140.                          Atwater, Joshuta, bro.,  lr., 9, 18, 41, 49, 62,
Akerlye, Henry, 32.                             75, 79, 86, 93, 126, 137, 141, 147, 149, 164,
Alarum, soldiers to repair to the meeting house    166, 176, 186, 196, 210, 214, 225, 239,283,302,
upon, 78.                                     314, 331, 414, 430, 441, 448, 465, 495, 499.
Alienations to be recorded, 83, 215.            treasurer, 171, 274; treasurer for the jurisAllcote, Thomas, (in the Bay,) 365.             diction, 275.
Allel, John, 140.                             Auditors of treasurers accounts chosen, 171,
Allen, Robert, 138.                             274, 354, 425.
Allen,sister, goodwife, 304, 443.             Auger, Nicholas, 95, 133, 139.
Allerton, Isaac, 302, 309, 325, 499, 520, 532,   freed from watching, 375.
534, 535.                                   Axtell, Nathaniel, 31, 35, 91.
instructed by Dutch Governor to raise soldiers for aid against Indians, 116.         Boykin, Jarvis, 17, 50, 59, 80, 93, 125, 138, 145,
Allerton, sister, 304.                          155, 179, 194, 277, 302, 325, 376, 404, 408,
Alling, Allen, Roger, 9, 18, 33, 59, 68, 69, 91,   424, 438, 444, 448, 465, 466, 501.
138,228, 232, 279,295, 302, 343, 358, 387, 390, Boykin, Nathaniel, 141.
410, 431, 477.                              Boykin, sister, 303.
Allotments, committee chosen to advise about, Bracie, John. Mr. 139, 233, 302, 323, 325.
24.                                         Bracie, Mrs., 304.
Alsop, Allsop, Joseph, 94, 139, 299, 449, 459.   Bradley, brother, 188.
Alsopp, Timothy, 297.                         Bradley, Daniel. 140.
Ammunition to be provided for the town, 500.  Bradley, Stephen, 141.
Anderson, David, 28, 59.                       Bradley, William, 139, 175. 228, 427.
Anderson, Richard, 140.                        Branch, Arthur, 335.
Anderson, William, 140.                        Brewster, Francis, 50, 93 139, 180, 196, 343.
Andrewes, Jane, 84.                              inventory of, presented in court, 362.
Andrewes, Nathan, 141.                         Brewster, Joseph, 170, 173, 264.
Andrewes, Samuel, 140.                         Brewster, Mrs. Lucy, 173' 258, 259, 269, 280,
Andrewes, William, 9,17, 20, 24, 25, 28, 32, 33,   303, 343, 363.
41, 43, 50, 81, 88, 93, 120, 137, 142, 143, 145,   trial of, 242.
152, 158, 165, 186, 188,194, 206, 250, 277,292, Bridges to be built, 61, 76, 188, 210, 226.
299, 302, 304, 319, 357, 368, 388, 405, 408, 411, Bristow, Henry, 139, 459, 487.
424, 425, 428, 429, 438, 462, 474, 481, 495, 503. Broadstreet, Mr. 74.
chosen for the foundation work of the church, Brockett, John, 10, 13, 17, 26, 88, 91, 95, 138,
16; sergeant, 76; licensed to retail wine, 166,   186, 188, 221, 303,354,375, 428, 446, 448, 466,
218; keeper of the ordinary, 209; desires to   477, 502.
lay it down, 273, 312, 357, 389.            Brockett, sister, 304.
lieut. of artillery, 382; has liberty to take  Bromfield, William, 28, 29.
trees for timber yard, 458.                 Brookes, John, 140.
Andrewes, William, jun., 229, 334, 449.       Browne, Eleazer, 141.
Anthony the neager, trial of, 335.            Browne, Francis, 10, 18, 42, 50, 61, 62, 94, 135,
Arms, planters to be furnished -with. 25, 96,   138, 183, 188, 230, 241, 261, 303, 314, 389,
131, 201; to be viewed quarterly, 131.        430, 431, 448, 458, 465, 486, 495, 501.
Artillery company, 241.                         to keep the ferry, 165.
liberty granted to begin an, 141, 203; mem- Browne, John, 140.
bers of to be exempt from squadron train- Browne, Lidia, 38.
ings, 156; officers and orders of, confirmed, Browne, Peter, 18, 92, 122, 138, 164, 240, 297,
157; to go on according to their own orders,   302, 317, 400.
187; officers of, chosen, 382.                licensed to bake, 29.
Ashby, Thomas, 31.                            Browne, sister, 304.
Aspenall, William, 67.                        Browning, Brunwing, Henry,'Mr., 17. 32, 50,
Astwood, Capt. John, 263, 332, 350, 467, 492.   56, 62, 93, 138, 153, 161, 183, 196, 225, 231,
deputy for Milford, 112, 129.                 284, 302, 321.
Atherton, Mr. 519.                             Bryan, Bryant, Mr., 56, 79.
68




538                                     INDEX.
Buckingham, Thomas, goodman, 28, 91, 320.   Boats and canoes not to be taken without leave,
Buidd, John, 17, 81, 91, 264, 360, 444, 486, 498.   48,211.
Bullets not to be fired in the town, 48, 205.  Boutle, Henry, 140.
Bunnill, Benjamin, 140.                        Bower, Mr., 140.
Bunnill, goodwife, 478.                        Bowten, Richard, 141.
Burchall, Nathan, 109, 120, 139, 152.
Burret, William, of Copeage, 184.              Cabell, Samuell, 271, 272.
Burrows, John, 142.                            Cadwell, Margaret, 327.
Busheag, arraigned for murder, 146.            Caffinch, Caflins, Ceffinch, John, 93, 138, 155,
Badcock, George, 46, 80.                         229, 267, 325, 328, 371, 431, 454, 460.
Badger, Thomas, 24, 61, 67.                    Caffinch, Caffins, Ceffinch, Mr., 160, 179, 241,
Badger, William, 393, 438.                      277, 278, 280, 302, 310,315, 319, 326, 376, 377,
Baile, John, 140.                               384, 399, 444, 495.
Baldwin, Timothy, 44, 197.                     Cafflinch, Mrs., 303.
Baldwin, widow, 92.                           Caffinch, Caffins, Ceffinch, Samuel, 139, 280,
Ball, Allen, 120, 138, 269, 270, 273, 378, 427,   384, 454, 456, 460.
434, 444.                                   Caffinch, Thomas, 125,139, 164, 325, 384.
Ball, Dorithy, 269.                            Caine, Mr. of Boston, 61.
Ball, Goody, 268.                             Camfield, goody, 303.
Ball, William, 125, 139, 264, 380, 465.        Camfield, Mathewv  10, 18, 138, 149, 225, 277,
Baly, Nicholas, 139.                            302, 314, 315, 319, 369, 387,404, 408,412, 414,
Banks, George, 261, 272.                        427, 448, 465, 486.
Bannister, Edward, 13, 17, 35, 92,138, 142, 153,   land granted to, for planting fruit trees, 95.
155, 297, 302, 308, 460, 477.               Camp, Edward, 109, 139, 278, 453.:will of, presented in court, 479.           Camp, Goody, 262, 295.
Bannister, Goody, 304; Ellen, 479.             Campian, Champion, Robert, 28, 42, 87, 138.
Barnes, Obadiah, 51.                           Canoes to be viewed and marked, 157, 211.
Barker, goodman, 75.                           Capital offenders to be sent to New Haven, 130.
Barnes, Thomas, 95, 121, 139, 162, 314, 418, 502. Caroughood, 1, 5.
Bartlets, the two, 493.                       Carter, Henry, 139, 411.
Bassett, goodman, 241,274, 304.               Catchman, Richard, 169.
Bassett, John, 139, 178, 276, 303, 428, 495, 500. Cellars, young men not to live in by themBassett, old, 157,168.                          selves, 70.
Bassett, Robert, 139, 157, 379, 389, 393, 400, Chadwell, Richard, Mr., 359, 360, 373.
409, 424, 428, 429,453, 465, 469, 488, 500.  Chambers, Thomas, 39.
Bassett, sister, 304.                         Chapiman, John, 9, 17, 20, 41, 50, 91, 121, 122,
Bassett, William, 125, 134, 138, 261, 390, 410,   135, 137, 144, 147, 196, 460.
412, 418, 424, 431, 441, 460, 477, 486.     Chappell, George, 124.
Bayley, Samuel, 91.                           Charge, freemans, 19, 20.
Beach, Beech, goody, 304.                      Charge for masters of the watch, 53.
Beach, Beech, John, 87, 122,139, 173, 370, 499. Charles, goody, 245. 278.
Beach, Beech, Richard, 13, 17, 32, 46, 75, 92, Charles, John, 17, 29, 92, 121, 153, 422.
122, 124, 138, 170, 178, 184, 294, 300, 303, 307,   action against for loss of Mr. Evance's vessel,
310, 345, 356, 364, 384, 427, 430.            281; for contempt of court, 296; slander, 298.
Beach, Beech, Thomas, 139, 232, 261.           Chatterton, William, 140.
Beacher, Isaac, 139, 498.                      Cheevers, Ezekiel, 9, 17, 20, 50, 66, 71, 91, 124,
Beamont, Thomas, 18, 50, 61, 94, 138, 229, 292,   137, 181, 194, 222, 239, 263, 269,308,363, 439.
389.                                           chosen for the foundation work of the church,
Beastiality, trial for, 62, 73, 295.             16; schoolmaster, 210; deputy for the jurisBeckley, Richard, Serjeant, 17, 28, 50, 93, 133,   diction court> 274.
138, 194, 302, 305, 314, 382, 446, 459.      Cheevers, sister, 303.
Beckley, sister, 304.                          Chidsey, John, 139, 384.
Bedford, Margaret, 88, 89.                     Chimneys to be swept once a month, 121, 212.
Beere, Adam. 477, 481.                         Chipperfield, Edward, 18, 75, 77, 122, 123, 138,
Bell, Abrahanm, corporal, 9, 18, 35, 50, 93, 137,   151, 261, 276, 292, 380.
141, 160, 194, 225, 275, 303, 338.            has liberty to make bricks in the plains, 226.
Bell, Bamfield, 173.                          Chittenden, Mr., of Guilford, 382, 472.
Bell, Francis, 9, 58.                          Church, Francis, 71, 123, 139.
Bell, James, 139.                             i-Church-members only to be free burgesses, 15,
Bellingham, Richard, 129.                        17, 110, 112,191.
Benham, John, 9, 17, 50, 91, 122, 139, 140,167, ClarklJiohin, 9,17, 20, 67, 79, 92, 136, 137, 155,
194, 229, 261, 265, 292, 302, 364, 412.       164, 215, 228, 280,302, 310, 333, 334, 364,376.
Benham, Joseph, 140.                            interpreter at Indian treaty, 7; sergeant, 76;
Benham, sister, 304.                            141; desired to take notes of proceedings of
Benit, Mr., 467.                                the court, 225; clerk of trainbanl, 370.
Bennet, Mrs. 249.                             Clarke, brother, 62.
Betts, Roger, 139.                            Clarke, James, 17, 92, 138, 304, 391.
Billingsgate slutt, definition of the term, 180.  Clarke, James, jun., 141.
Bishop, goodman, 142.                         Clarke, Robert., 140.
Bishop, Henry, 139, 264, 400, 433, 453.        Clarke, sister, 303, 304.
prosecuted for slander and acquitted, 268; Clarke, Thomas, 138, 173, 177, 234, 329.
action of Mr. Davenport against, 392, 401.    Clay-pits to be laid out as common, 52, 209;
Bishop, James, 139, 232, 378, 430, 434.         Mlr. Davenport has liber;y to fence up the
Bishop, John, 309, 488.                         way to, 160.
Blackbirds, reward for killing, 446.          Clements, James, 487, 488.
Blackman, Mr., [Adam,] 347, 849.              Cleverley, Elizabeth, 77.
Blakeley, Blacksley, Blatchley, Thomas, 123, Cockerill, John, 26, 81, 32, 39, 41, 436, 444.
124, 138, 152,271.                           Coe, Robert, deputed by Wethersfield men to
Blayden, William, 67, 122, 139, 188, 264, 271,   treat about purchase of Toquams, 45; deputy
321, 322, 324, 369, 378, 384.                 for Stamford, 85, 129,




INDEX.                                        5-89
Coefleld, Thomas, 138.                          freed from watching, 374; chosen for the juCoggswell, Robert, 7, 41, 47, 92.               risdiction 111, 112, 125, 146, 147, 156, 171,
Cogswell, John, 17.                             227, 274, 354, 381, 456, 481.
College corn, 149, 210, 225, 311, 318, 354, 357, Deputy governor, chosen, 112, 275; to give
382.                                          governor his oath, 133.
Commissioners for united colonies chosen, 87, Dickenson, Thomas, 77.
117.                                        Dillingham, John, 90, 133, 138, 151, 423.
Confederation of colonies, commissioners sent Dimock, Tobias, 282, 286, 299.
to effect, 87, 199; each plantation to have Disborough, Samuel, 96, 333, 372, 467, 492.
copy of articles of, 97.                      chosen magistrate for Guilford, 275.
Connecticut, 35, 89, 96, 110, 124, 188, 225, 226, Dixon, Jeremy, 9, 17, 41, 44, 50, 93, 196, 444.
298, 357, 419, 481, 498, 501; New Haven joins   chosen for foundation work of church, 16;
with, to procure patent, 211.                 one of the seven pillars, 20.
Constable, Mr., 50.                           Doolitle, Dowlitle, Abraham, 94, 139, 384.
Constable, Mrs., 93, 196.                     Dormer, Edmund, 140.
Constable, George, 140.                       Downe, John, 140, 267, 399.
Contributions, reference to  the manner of Downing, Elizabeth, 239, 327.
making, 244.                                Downing, Dunning, George, 139, 273.
Cooper,:owper, John, 10, 17, 50, 93, 94, 125, Draper, Nathaniel, 366, 421, 450.
138, 171, 194, 228, 231, 232,261,275,277, 292,   will of, presented in court, 335.
293, 302, 305, 363, 375, 376, 404, 405, 409, 415, Duhurst, Roger, 26.
419, 426, 431, 444, 446, 447, 452, 454, 459, 466, Dume, Thomas, 328.
486, 496, 503, 504.                         Dun, Thomas, 139.
to sweep chimneys, 121, 212; to be public  Dutch, ship taken out of the harbor by the, 333,
pounder, 406.                                 354; prisoners from the, 363, 511; set at libCooper, sister, 303.                            erty, 333; desire to go to the Dutch governor,
Coopers lware to be branded, 377.               361; have run away, 413.
Cotton-wool, every family to have a coat of, 121, Dutch governor instructs Capt. Underhill and
214.                                          Mr. Allerton to procure the raising of troops,
Council of war appointed, 135, 167, 484.        116; protest from, received, 265, 355; letter
Courts for the combination, time of holding,   sent to, with a prisoner, 422, 462, 528.
70, 113; for the plantation, 160, 191.      Dyer, John, 32.
Cox, Edward, 24.
Cox, Joseph, 170.                             Eaton, Theophilus, 1, 5, 9, 13, 17, 22, 24, 25, 40,
Crab, Richard, 128.                             44, 46, 64, 91, 121, 127, 129, 167, 170, 329, 438,
Crane, Crayne Jasper, Mr., 9, 17, 39, 40, 41,   467,489; chosen for foundation work of the
43, 44, 47, 49, 57, 58, 61, 62, 91, 138, 143, 155,   church, 16; one of the seven pillars, 20; mag156, 161, 164, 172, 179, 196, 215, 231, 232', 261,   istrate 21, 44, 58, 78; land granted to, 42, 195;
272, 283, 302, 305, 325, 331, 376, 377, 379, 383,   commissioner for U. C., 87, 96,117, 275; gov391, 401, 408, 428, 433, 436, 440, 444, 459, 478.   ernor, 112, 275; takes oath of office and fidel495.                                           ity, 136; freed from paying rates, 457; letters
deputy, 173, 354, 381, 456, deputy for the    from, to gov. Kieft, 265; to gov. Stuyvesant,
jurisdiction, 381, 456, 481.                   507, 508, 514, 523, 525, 527, 528, 530, 532, 534;
Crayne, sister, 303.                            to gov. Winthrop, 517; letters to, from gov.
Crooker, William, 351.                          Stuyvesant, 512, 522, 526, 527, 531, 533, 635.
Crowder, Mathew, 123, 125, 153.                Eaton, James, 140.
Eaton, old Mrs., 50, 91, 185, 194, 303, 334.
Daniel, Stephen, 140.                          Eaton, Mrs., 243, 246, 268, 270.
Davenport, John, 1, 5, 9, 11, 13, 17, 21, 25, 62, Eaton, Samuel, (ltev.) 9, 17, 20, 24, 40, 45, 50,
64, 91, 160, 184, 242, 267, 333, 399, 401, 420,   91, 196, 438.
433, 467.                                      Totoket granted to, 40.
chosen for foundation work of the church, Eaton, Samuel, 140.
16; one of the seven pillars, 20,; land granted  Edwards, Richard, 109, 139.
to, 42, 95, 195; lot to be fenced at common  Eldred, Mr., of London, 298, 299.
charge, 183, 189; Luke Atkinson charged with  Eldred, Mrs., 50, 93, 94, 95, 196, 427, 502.
defaming, 279; action of, against Henry Bish- Elections, to be held in October, 21, 115, 191.
op, 392.                                    Ellcott, Anthony, 140.
Davenport, John, jun., 140.                    Ellsey, Thomas, 9.
Davenport, Mrs., 303.                          Elsey, Nicholas, 17, 91, 122, 138, 155, 166, 214,
Davis, goodman, brother, 10, 50, 62, 69, 121,   296, 302, 411, 458, 482.
232, 275, 302.                               Elsie, goodwife, sister, 252, 304.
Davis, John, 46, 58,140.                       Emery, Robert, 122, 139,232, 257, 329, 477, 489.
Davis, sister, 303.                            England, John, 163, 294.
Davis, William, 18, 138, 149, 155, 314, 404, 430, Evance, David, 125, 133, 138, 366.
448, 458, 479, 486, 495.                     Evance, John, 18, 25, 28, 49, 74, 75, 77, 79, 93,
Dayton, Deighton, Ralph, 18, 50, 139, 162,168,   137, 151, 173, 178, 196, 219, 241, 250, 274, 291,
172, 227,232, 430, 452.                       297, 301, 302, 304, 320, 325, 326, 333, 334,347,
Dayton, Daighton, Samuel, 2, 58, 272, 293.      354, 366, 367, 372, 376, 379, 408, 413, 414,419,
Dayton, goodman, 303, 320, 321, 326, 351.       421, 425, 429, 438, 449, 453, 458, 462, 477, 480
Dearmner, Dermer, Mr., 50, 93, 196.             490, 495, 498, 499.
Deacons, to choose their farms, 43; freed from    deputy, 119, 125, 148, 156, 171; proposes to
watching, 374.                                dig a channel to improve the harbor, 143.
Delaware Bay, 79, 124, 147, 184, 280.           cellar belonging to Mr. Trobridges house
plantations to be settled at in combination    granted to, 189, 219; action of, against John
with New Haven, 56; treatment of Mr. Lam-   Charles for loss of vessel, 281; against John
berton and others by the Sweeds at, 106-108.   Charles for slander, 298; against Mr. WesterDeputies for New Haven chosen, 21, 44, 69, 78,   house for ship Swallow, 467; offers to procure
85, 119, 125, 148, 156, 171, 274, 354, 381, 456  ammunition for town, 500.
proposed to choose yearly, 187; old to con- Excommunicates, unlawful to eat with, 249.
tinue, and then to be chosen annually, 225;




540                                     INDEX.
Fancy, Fancie, William, 89 139, 229, 233, 300.  Gibbons, Gibbins Henry, 61, 80, 122, 124, 139,
Fancy, goodwife, 89, 177, 233.                   271, 303, 320, 325, 379, 400, 436.
Farnes, Samuel, 140, 498.                      Gibbons, Major, 473.
Farrett's Island, purchase of, offered to the Gibbs, Gibbes, John, goodman, 9, 18, 44, 126,
town, 57.                                     136, 138, 151, 232, 233, 302, 325, 404. 458.
Fees of the court, 216; increased, 185.         chosen deputy, 274, 354.
Fences, every quarter to appoint committees to  Gibbs, John, hatter, 140.
view, 126, 207; surveyors to be appointed for, Gibbs, sister, 303.
150, 155.                                   Gilbert Mathew, Mr., 9, 17, 24, 25, 31, 32. 41,
Fence viewers chosen, 228, 314, 889, 466.       67, 66, 91, 94, 126, 135,137. 143, 149,163, 173,
Fenne, Benjamin, 91.                            195, 241, 267, 293, 319, 404; 423 430, 441,465,
Ferry, Francis Browne to keep the, 165; land    473, 495.
laid to, 188, 217.                            chosen for foundation work of church, 16;
Finch, Abraham, killed by the Indians, 23.      one of the seven pillars, 20; deputy, 21, 44,
Fire-hooks to be provided for the town, 49, 212.   51, 58, 69, 78, 85; land granted to, 95.
Fires to burn leaves, &c., not to be kindled in  Gilbert, Mrs., 89, 303.
the town, 157, 212.                         Gildersleeve, Richard, 10.
Fish, planters may set up wears to catch, 311.    deputy for Stamford, 85, 112.
Fisher, John, 378.                            Glover, Henry, 94, 122, 138, 146, 155, 233, 265,
Ford, goodman, of Windsor, 419.                 303, 389, 430.
Ford, goody, 304.                             Godfrey, Joseph, lieutenant, 186, 199, 252, 256,
Ford, Samuel, 140.                              288, 299, 337, 366,,372.
Ford, Timothy, 17, 32, 92, 122, 138, 232, 303.   Goldam, goodman, 156.
Fornale, Strong, of Boston, 366.              Goldham, Henry, 432.
Forrester, Capt., 516, 521.                    Goodanhouse, Samuel, 139, 356, 378, 380, 382,
Fowler, sister, 304.                            419, 429, 453, 470, 472, 480, 499.
Fowler, William, Mr., 10, 31, 32, 33 92,105,112,   becomes surety for the three Dutch prisoners,
127, 129, 138, 155, 156,174,181, 67, 275, 276,   333; desires to be released from his bond, 413.
278, 302, 325, 409, 424, 495.               Goodman, Mr. Eliz., 80.
chosen magistrate for Milford, 112, 275; ser- Goodyear, Stephen, 9, 18, 51, 56, 57, 63, 75, 77,
geant, 313; sergeant of artillery, 382.       80, 87, 91, 112,.127, 137, 142, 148, 163, 171,
Foxen, 150.                                      178, 211, 241, 250, 258, 307, 329, 333, 366, 372,
Frankland, Thomas, 42, 46.                      378, 382, 403, 422, 425, 429, 440, 444, 454, 480,
Free-burgesses, church members only to be, 15,   492, 508.
17, 110,112, 191.                             magistrate, 58, 78; to virile a letter to YennyFreemen, list of names of, 9.                   cot, 97; deputy governor, 112, 129, 275.
Freemans charge, 19, 20.                        commissioner for U. C., 117, 275; licensed to
Free school to be set up, 62, 210.              brew beer for town, 192; letter from, to gov.
French, Thomas, 80, 124.                         Stuyvesant, 511, 517; letter to, from  gov.
Frost, George, 282.                              Stuyvesant, 513, 520.
Fugill, Thomas, 9, 17, 24, 25, 30, 32, 49, 87, 92. Governor, chosen, 112, 275; takes his oath, 136.
93, i37, 194, 196, 233, 244, 272, 273, 305, 313, Granest,:Edward, 487.
426, 440, 444; chosen for foundation work of Great guns to be fitted for service, 121,136, 168.
church, 16; one of the seven pillars, 20; dep- Greene, widow, 50, 92, 194.
uty, 21; public notary, 21; secretary, 44, 58, Gregory, John, brother, 154, 301, 302, 352, 358,
78, 119, 148, 171; secretary for jurisdiction,   384,426.
112; land granted to at West Rock, 60; land    leather sealer, 242.
of at West Rock to be measured, 186; pro- Gregory, Henry, of Stratford, 345, 384.
ceeded against for taking in more land than  Gregory, Juda, 349.
his proportion, and for falsifying orders, 221; Gregory, sister, 303,
deprived of his office, 225; forbidden to sell Gregson, Hannah, 474.
his goods or remove, 260; fined for his un- Gregson, Mrs., 303, 430.
righteousness, 262.                         Gregson, Rebecca, 475.
Fuller, Daniel, 38.                           Gregson, Thomas, 9, 18, 25, 29, 31, 33, 46, 59,
Fuller, Lancelot, 123, 133, 383, 492.           75, 79, 80, 91, 96, 112, 120, 124, 127, 137,151,
action of, against Francis Newman and wife   152, 170, 174, 258, 329.
for slander, 473.                              truckmaster, 43; deputy, 44, 51, 58, 69, 78,
Fundamental agreement of 1639, 11; to be sign-   85; treasurer, 51, 78; commissioner for U. C.,
ed by all admitted planters, 17  of the juris-   87 96, 117.
diction, 112-116.                             magistrate, 112, 129, 275; land granted to,
Fyde, Richard, 264.                             142, 144, 197; agent to procure patent, 149,
211.
Galpin, Phillip, 251, 259, 327, 335, 366, 421,450,   inventory of, brought into court, 341.
477.                                         Griffin, John, 123, 138, 285, 455.
Games, Thols, 39.                             Griffen, Joshua, 139.
Gates to be made at end of every street, 24.  Grove, Groves, goodman, 184, 351.
Gener-al court for the jurisdiction, how consti- Guernsie, John, 265, see Gernsye.
tuted, 114.                                 Guilford, 110(), 118, 129, 130, 229, 281, 345, 348,
General trainings, 160; times of, 187, 202.     420, 422, 472, 492.
Gennings, Nicholas, 88,105,122.                 named, 97; Mr. Leete and Mr. Disborough
Gernsye, Guernsie, Joseph, 139, 239, 327, 380,   chosen deputies for, 112; court constituted
384.                                          at, 131; Mr. Disborough chosen magistrate
Gibbard, William, Mr., 10,18,125, 126,134,138,   for, 275; action of, against John Ceffinch, 371,
143, 149, 151, 186, 221, 233, 263, 267, 275, 302,   431; against Thoimas Standish, 497.
336; 376, 392, 418, 434, 481.               Guillam, James, 139.
deputy, 156,171, 274, 354, 381,456; treasurer,
381, 457; declines but retained, 387.       Halbidge, lIolbridge, Halbich, Arthur, 13, 17,
Gibbard, Mrs., 303.                             32, 39, 46, 56, 92, 138, 153, 170, 252, 302, 364,
Gibbins, Gibbons, William, 18, 42, 94,138, 145,   370.
303, 310, 326, 378, 411,444.               Hlalbich, widow, 383, 431.




INDEX.                                        541
Hall, Francis, 17, 57, 60, 92, 139, 356, 365, 386, Hudson, John, 140.
403, 436, 440.                              Huilt, Mr., 56.
Hall, goodman, 77.                             Hull, Andrew, 9, 18, 44, 92, 124, 184, 430.
Hall, Isaac, 140.                              Hull, brother 86.
Hall, Job, 139 242, 253, 338, 400, 426.       Hull, goody, 304.
Hall, John, 18, 50, 94 135, 138, 142, 225, 321, Hull, Jeremiah, 140, 487.
369, 378, 379, 390, 391, 397. 415, 417.     Hull, John, 140.
IHallaway, Andrew, 140.                       Hull, Richard, 9, 17, 20, 91, 94, 137, 155, 487,
Hames, goodman, 50.                             488, 498.
Harbor, proposition to improve the, 143.      Humerston, Henry, 140, 149, 470, 499.
Harding, William, 66, 71, 73, 84, 151.        Hunt, goodman, 84.
whipped and sent out of the plantation, 81.  Hunter, John, 139, 168.
Hardy, William, 276.                            will of, presented in court, 439.
Harrison, goodman, 164.                       Hurd, John, 184.
Harrison; Richard, 139.                      HEurndell, John, 133,139.
Harrison, Thomas, 140.                        Hutchinson, John, 139.
Hart, Mr., 329, 522, 523.
Hart, Thomas, 169.                            Iles, Thomas, 125,138.
Harwood, Edward, 58.                          Iles, William, 122, 294, 310, 345, 364.
Harvie, goodman, action of, against Mr. Pell,  inventory of, brought into court, 300.
341.                                        Indians, articles of agreement with, 1, 5; plantHaward, Heward, H eywood, James, 125, 138,   ers not to purchase land from, 27, 200; not to
261, 306, 339, 397, 479.                      be furnished with arms, &c., 60, 206; men to
inventory of, presented in court, 480.        go against when sent, 78; men sent to join
Hawkins, William, Mr., 91, 142, 502.            with men from  Conn., against, 110; Dutch
Hazard's State Papers, error in, corrected, 383.   desire soldiers to be raised for aid against, 116;
Hegbe, 493.                                     man murdered by, between Stamford and
Herriman, Harriman, John, -139, 230, 267, 392,   Fairfield, 134; woman murdered by, at Stam408, 429, 440,446.                            ford, 135, 146; rumors and tumults of, 168;
to keep the ordinary, 425.                    troubles with, at Stamford, 481.
Hichcock, John, 141.                          Inhabitants to take oath of fidelity, 130.
Hickocks, Mr., 57, 91.                        Inn, land to be laid out for, 48,209; frame proHigginson, Anne, 30.                            vided for, to be sold, 186, see ordinary.
Higginson, Charles, 30, 393, 474.             Ives, sister, 304.
HIigginson, Francis, 30.                      Ives, Eves, William, 9, 18, 28, 61, 92, 138, 155,
Higginson, John. 29, 30, 432.                   232, 303, 338, 387, 431, 477.
Higginson, Mrs., 49, 93,161,196, 304, 473.      will of, presented in court, 410.
inventory of estate of, to be taken, 28; distribution of estate of, 29.                    Jackson, John, 140, 320, 386.
Iligginson, Neophitus, 30.                    James, Thomas, Mr., 9, 24, 35, 40, 43, 92, 154,
Higginson, Theophilus, 18, 30, 90, 109, 125, 135,   197, 225, 228, 232, 302, 426, 487.
138, 145, 229, 291, 294, 302, 338,380.      James, Mrs., 304.
Hill, Benjamin, 139, 232, 264, 398.            Janes, Jeanes, William, Mr., 18, 91, 138, 314,
Hill, John, 122, 138, 163.                       381, 426, 444, 487, 498.
inventory of. presented in court, 362.       Jeffery, sister, 304.
Hill, Robert, 13, 17, 50, 93, 109,138, 194, 277,  Jeffries, Thomas, 9,17, 20, 91, 133, 137, 165, 283,
303, 362, 389, 426, 430.                       302, 312,351, 455.
Hill, Mr., of Windsor, 80.                       sergeant, 76; sergt. of artillery, 158.
Hitchcock, Edward, 122, 139, 264, 274.         Jenner, John, 29.
Hitchcock, goodman, 188, 319.                  Jewell, Richard, 77, 80.
Hitchcock, Luke, 138.                          Johnson, goodman, 294, 319, 327.
IHitchcock, Mathew, Mathias, 17, 60, 79, 90, 92, Johnson, goody, 303.
93, 122, 123, 125, 188, 303, 356, 365, 370, 389, Johnson, Jeremiah, 140.
411, 477, 496.                               Johnson, John, 13, 17, 50, 59, 93,140, 196, 272.
Hitchcock, Mr., 502.                           Johnson, Mr., 31.
Hithfield, Mathias, 141.                       Johnson, Richard, 140.
Hodkeis, Iogkines, Samuel, 301, 318, 329, 438, Johnson, Robert, 59, 138, 155, 163, 272, 273,
456, 487.                                      301, 302, 404, 466, 486, 487, 503.
Hogg, Thomas, 140, 295, 378.                   Johnson, Simson, 515.
Hogs, to be kept out of town, 52, 240; damage Johnson, Thomas, 31, 39,139.
done by, 154; to be marked, 491.            Johnson, William, 94.
Bolt, William, 94, 109) 139, 262, 378, 390, 415, Jones, John, 139, 387.
444.                                         Jordan, Mr., 472.
Hooke, Mr. [William.] 174, 308, 324, 417.        attorney for town of Guilford, 371, 431, 497.
Hooke, Mrs., 303.                              Judson, Jeremiah, of Stratford, 444.
HIooke, William, jun., 352.                   Judson, William, 139, 184, 321, 327, 339, 375,
Hopkins, Mr., 24.                                403, 420, 465, 479, 486, 495.
Hopper, Daniel, 140.                          Jurisdiction, deputies chosen for, 111, 125, 146,
Hoskins, Samuel, 75, 77, 121, 123, 125, 139.    147,166, 171, 227, 274, 354, 381,456, 481.
Hough, Mr., 30.                                 constitution of, 112-116; court, when to be
HIouse lots, committee appointed to dispose of,   held, 113.
25.
How, Daniel, Capt., 239, 282.                  Keely, Keylye, Edward, 139, 411.
House, Ephraim, 140.                          Kimber, John, 139, 261, 262.
Howe, Jeremiah, Jeremy, 94, 140, 240, 368, 422, Kimberley, Abraham, 474.
444, 462, 495, 501, 528.                    Kimberley, Nathaniel, 484.
Howe, Nathaniel, 141.                         Kimberley, sister, 304.
Howe, Zachariah, 141,                         Kimberley, Thomas, 9, 17, 24, 28 50 82, 91,
Hubball, Richard, 139.                          122, 137, 144, 183, 194, 254, 302, 314, 3I5, 439,
Huckly, Thomas, 141.                            452, 460, 462, 479, 488.




542                                     INDEX.
corporal, 76; marshall for jurisdiction, 112. Livermore, sister, 304.
276; marshall, 119, 148, 274, 354, 381, 457.  Lockoman, Govert, 522.
King, George, 293.                             Love, James, goodman, 7, 29.
Kings arms to be set up, 369.                  Lovell, John, 77.
Kitchell, Mr., 325, 422.                       Lovell, Richard, 327.
Knapp, Roger, 7, 123, 125, 139, 142, 147, 260, Low, Andrew, 9, 13, 17, 35, 50, 93, 94, 95, 137,
262, 310, 317, 327.                            164, 194, 303, 314, 437, 449, 450, 465.
Knell, Mr., 326.                               Low, Andrew, jun., 38, 46, 56, 89.
Knight, John, 140, 403,420, 440, 477, 487.     Lowell, Richard, 122.
Knowles, Alexander, 184.                       Lucas, Mr., 49,93, 94, 95, 196.
Knowles, Thomas, 138, 181, 225, 232, 262, 303, Lucking, goodman, 56.
369.                                         Ludlow, Mr. [Roger,] 74.
Knowles, widow, goody, 94, 304, 383, 501.        letter received from, 134; retains a fugitive,
380.
Labor, rates for wares and, 35, 52; penalty for Lupton, Kester, 498.
taking more than the appointed, 44; laws Lupton, Thomas, 138, 147.
concerning, repealed, 61.
Laborers may be impressed for public works, 86. Magistrates, chosen, 21, 44, 58, 78, 112, 275; to
Lacke, Mr., of Boston, 299.                      keepbook of warrants, &c., 83, 216; court of,
Ladder, every house to be provided with, 52,   when held, 113.
212.                                         Malbon, Richard, 9, 17, 28, 32, 50, 61, 66, 72,
Lambert, John, 140.                              81, 84, 91, 94, 95, 105, 121, 126, 129, 137, 142,
Lambert, Richard, 139, 153.                      143, 146, 150, 160, 170, 179, 181, 183, 196, 226,
Lamberton, George, 9, 31, 32, 33, 40, 41. 81, 87,   242, 250, 257,292, 302, 305, 311, 329, 338, 366,
91, 121, 1.39, 143, 152, 172, 180, 329, 503.   368, 369, 372, 377, 384, 398, 420, 452, 453, 488.
imprisoned by the Sweeds at Delaware Bay,   chosen for foundation of church, 16; deputy,
106; deputy for jurisdiction, 111, 173; deputy,   69, 78, 85, 119, 125, 148, 156, 171; to order the
119, 125, 148; land granted to, 218; inventory    watches during capt. Turner's absence, 70;
of, presented in court, 381.                  treasurer, 85, 119, 148, 156; deputy commisLamberton, Mrs., 89, 303, 343, 356 361.          sioner for U. C., 117, 118; deputy for jurisLamson, Lampson, Thomas, 10, 82, 122, 125,   diction, 125, 146, 147, 156,171; captain of
138, 231, 277, 292, 303, 312, 317, 378, 389, 390,   artillery, 158; captain in capt. Turner's ab400, 504.                                      sence, 187; magistrate, 275.
Lampson, sister, 227, 414.                    Malbon, Martha, 84.
Lands, first division of, 26, 192, 195; not to be Malbon, Mrs., 269, 303.
purchased of the Indians by planters, 27, 200; Males to be numbered, 36; to be provided with
second division of, 43, 193; how divided, 27,   arms, 96, 131, 201.
192; niot to be let to strangers without allow- Mallery, Peter, 139, 435.
ance, 40; rates for, 43, 185, 193.           Man, Susanna, 51.
Larebe, Grenfield, 373.                       Manchester, Thomas, 26, 31.
Larebe, Mr., 338.                              Mansfield, Joseph, 140.
Larremore, Larrymore, George, 50, 94, 124, 135, Mansfield, Moses, 141.
138, 164, 388, 424.                         Mansfield, Mr., 91, 276, 317.
Laud, Lord, Thomas, 56, 93.                    Mansfield Richard, 41, 80, 124, 125, 138, 155,
Law, Richard, 10.                                188, 274, 302, 382, 430, 437.
Lawrence, John, 84.                            Mansfield, sister, 304.
Lawrence, Thomas, 297.                        Mannukatuck, 42, 96,199.
Lawrenson, John, 122, 310, 317, 328, 363, 366.    named Guilford, 96, 199.
Lea, Lee, Robert, 109, 120, 122, 139.         Marden, Morden, Richard, 139, 267, 268, 270,
Leach, Edmund, Mr., 151, 161, 173, 199, 359,   281.
366, 421, 436, 439, 441, 450, 452, 460.     Markets or fairs to be held annually, at New
Leach, Mrs., 242, 253.                          Haven, 130.
trial of, 256.                              Market place to be cleared, 159, 214.
Leake, Leeke, Phillip, 94, 122, 139, 156, 183, 231, Marsh, Hannah, 180, 235.
241, 275, 277, 284, 303, 344, 389, 408,-424, 427, Marsh, Jonathan, 94, 122, 125, 139, 378, 390,
450,457.                                      397, 424, 492.
corporal, 160; desired to keep an inn, 240.   Marsh, Samuel, 140, 229, 233, 270, 271, 272,
Leather scalers chosen, 242, 356, 389.          378, 474.
Leaver, Thomas, 50.                           Marshall, Mr., 50, 80, 93,196.
Leete, William, 96,472, 492.                  Marshall, Thomas, 139, 486.
deputy for Guilford, 129; secretary for juris- Marshall, chosen, 21, 44, 58, 79, 119, 148, 171,
diction, 275; attorney for town of Guilford,   274, 354.381, 457; things found to be deliver371, 431, 497.                                ed to, 79, 214; salary of, 133; to cry lost
Lendall, Lindall, Lindoll, Henry, 10, 109, 134,   things, 146, chosen for jurisdiction, 112, 276.
136, 138, 164, 215, 227, 228, 233,264, 302,314, Martin, Robert, 94, 138, 154, 282, 286, 302, 387,
354, 375, 376, 378, 404, 448, 465, 466,486, 489,   396, 408, 449, 460.
495.                                        Martin, Samuel, 63, 64.
Lendall, goody, 304.                          Martin, sister, 304.
Lewis, Mr., of London, 152.                   Mascall, John, 340, 398.
Line. Loyne, Loynes, Lion, Henry, 109, 139, Mason, John, 46, 80,124.
326, 412.                                   Massachusetts Bay, 87, 152, 250, 270, 283, 365,
Lines, Ralph, 139 271, 285.                     398, 464, 494.
Ling, Benjamin, 17, 28, 41, 44, 89, 93, 123, 138, Massam, John, 133,139.
225, 302, 387, 388, 389, 403, 411, 448, 459,465, Mayres, Mr., 50, 93, 196.
466, 495, 501.                              Mead, goodman, 75.
Ling, sister, Mrs., 304, 344.                 Meadows, committee appointed to view, 41;
Linley, Francis, 176.                           east, divided, 42, 49, 194.
Linley, John. 139, 176.                       Meaker, Mecar, Robert, 139, 176, 486.
Livermore, John, 9, 18, 44, 92, 138, 151 167, Meeaker, Mecar, William  122 139,176, 273, 293.
189, 230, 239, 271, 276,302, 307, 313, 31:, 428, Meaks, Meeks, Thomas, i25, 139, 399, 400, 435,
436,444.                                      469, 480, 488.




INDEX.                                         543
Measurer for corn appointed, 33, 51; order for Nash, John 10, 18, 50, 69, 188, 177, 228, 277,
repealed, 242.                                 295, 302, k11, 311, 371, 411, 479.
Measures to be fitted to standard, 142; to be   corporal, 76; sergeant, 141; sergeant of artilmarked, 144.                                   lery, 158, 382.
Mecs, Ellis, 140.                              Nash, Joseph, 10, 95, 139, 171, 302, 411; 427.
Meeting house to be built, 25; soldiers to re-   corporal, 313.
pair to on alarm, 78; built defectively, 145; Nash, old sister, 304.
men to be seated in, 189, 277, 302; to be Nash, Thomas, 10, 18, 40, 91, 138,144, 149, 178,
viewed for repairs, 304, 388, 423, 425.       196, 228, 302, 306,466,486.
Meeting of quarters, how called, 492.          Nash, Timothy, 140.
Meeting, men to come armed, 40.                Neck, to be planted for seven years, 26; laid for
MAeggott, goodman, 419.                         pasture, 48; to be a stinted common, 82, 157,
Meggs, John, 139, 154, 161, 163, 280, 293, 301,   197; committee chosen about fencing, 125; to
302, 312, 314, 381, 384, 413, 415, 420, 423, 437,   be used for sheep pasture, 318; to be cleared,
440, 442, 466.                                 463.
action of, against IIenry Gregory, 345; cho- Nepaupuck, trial of for murder, 22-.24.
sen clerk of train band, 382.                Nettleton, Samuel, of Totoket, 348.
AMeggs, goody, 303.                            New Haven named, 40; annual fairs to be held
Meggs, Mark, 236, 349.                           at, 130; constitution of jurisdiction of, 112Meggs, Vincent, 271, 317.                        116; difference of, between Totoket and MilMelyn, Jacob, 140.,                             ford, about bounds, 492.
Melyn, Mr., 140.                               Newman, Francis, 9, 17, 35, 41, 50, 61, 62, 93,
Merriman, Nathaniel, 18, 50, 94, 138, 242, 415,   123, 126, 138, 142, 146, 150, 176, 187, 196, 231,
446, 459, 460, 502.                            236, 239, 263, 267, 275, 292, 302, 314, 321, 336,,Merriman, Richard, 18.                          375, 376. 383, 390, 392, 401, 408, 421, 436, 438,
Messenger, Andrew, 18.                           459, 466, 495.
Messutunck, 22.                                  ensign, 76; surveyor of roads and bridges, 148;
Metcalf, iedcalf, John, 122, 151.                deputy, 156, 171, 274, 354, 381, 456; lieutenMetcalf, Medcalf, Stephen, 18, 50, 59, 105, 126,   ant of artillery, 158; desired to take notes of
138, 151, 157, 164, 176, 235, 300.             the court proceedings, 325; to act as secretaMewhewbato, 22.                                  ry in absence of Rich. Perry, 304; deputy for
Miles, Myles, Richard, 9, 31, 41, 59, 91, 136, 138,   jurisdiction, 354, 456,481; secretary, 354, 381,
155, 161, 166, 177, 179, 189, 227, 267, 272, 292,   457; action of Lancelot Fuller against wife of,
300, 302, 305, 307, 319, 329, 330, 375, 376, 387,   for slander, 473.
401, 408, 410, 428, 434, 466, 479, 481, 489, 495. Newman, Richard, 50, 122,138, 145, 261.
surveyor of roads and bridges, 148; deputy, Newman, Robert, 9, 12,15, 17, 24, 41, 61, 62, 67,
381, 456; clerk of artillery, 382.             69, 87, 93, 109, 120, 143, 157, 173, 195, 241,
Miles, Richard, jun., 140.                      307, 319, 368, 372, 377, 379, 397, 404, 409, 462,
Miles, Samuel, 140.                              469, 492.
Miles,. sister, goody, 303, 331.                 chosen for foundation work of church, 16;
Milfoid, 112, 118, 127, 129, 130, 305, 323, 326,   one of seven pillars, 20; deputy, 21, 44, 51, 58;
351, 411, 426, 492.                           exempted from attending general courts, 157;
admitted to jurisdiction, 110, 199; magis-   from paying rates, 457.
trates chosen for, 112, 275.                Newman, Mrs., 303.
Mill offered to town, 74; no other to be built. 76; Newman, William, 64, 66.
men pressed to mend, 172.                    Newton, Edward, 139.
Mill River, proposition to turn, 148.          Newton, Thomas, of Fairfield, 299.
Mitchell, Mr., 69.                             Nichols, Adam, 9, 18, 35, 50, 61, 121, 134, 138,
Mitchell, Thomas, 18, 50,138, 156, 321, 389,428.   271, 276, 303, 314, 370, 396, 400, 436.
Mitchell, brother, 189, 232, 305.              Nichols, sister, 304.
Momaugin, 1, 5.                                Noris, Mr., 340, 398.
Monthly court, time of holding. 160, 191.     North, Thomas, 138, 151.
Moody, John, 39.                              Norton, James, 124.
Moore, Mrs., 242; trial of, 253.               Norton, Mrs., of Charlestown, 180.
Morell Morall, Henry, 94, 138, 312, 369, 378, Notary public, Thomas Fugillchosen, 21.
415,'49. 499, 503.
Morris, Thomas, 18, 50. 61, 94, 95, 138, 161, 293, Oath, forms of approved, 130; forms of, 136, 137;
334, 372, 382, 387, 389, 424, 460, 481, 498.   of fidelity administered to planters, 137-141.
Mosaic law, see word of God.                   Obolus, signification of, 35.
Mosse, John, 9, 17, 29, 32, 92, 125, 137, 139,162, Offhening, Cornelius, 141.
228, 232, 237, 242, 261, 298, 303, 384, 389,390, Ogden, John, 178.
422, 430, 434, 449, 461, 482.                Ollard, Sarah, 478.
corporal, 76.                                Orders of lasting nature to be viewed, 155; comAMosse, goody, 304.                              mittee report completion of the work, 185,
Mould. Isaac, 139, 176.                          242.
5Moulenor, Mullyner, Thomas, 28, 29, 32,42,47, Ordinary, William  Andrewes keeper of, 166,
122, 123,153, 259, 281, 294, 369.             209, 376; proposition to set up another by the
Moulthrop, Mathew, 10, 18, 76, 92, 138, 162, 314,   water-side, 167; Phillip Leeke desired to keep,
317, 389, 430, 477.                           240; wine to be drawn only at, 273; John
Moulthrop, Mathew, jun., 140.                   Herriman and his wife to keep, 425.
Munson, Thomas, 9, 18, 32, 35, 51, 61, 94, 95, Osborne, goodman, 39, 86, 87, 232, 302, 351.
138. 144, 155,160, 165, 188, 206, 214, 230, 302, Osborne, goody, 304; sister, 303.
304, 334, 371,376, 378, 388, 390, 391, 420,424, Osborne, Jeremiah, 140, 264, 478, 488.
425, 428, 439, 456, 459, 466, 481, 486,495, 501, Osborne, Richard, 17, 46, 92, 138, 279, 303, 309,
502.                                          315, 319, 321, 322, 326, 431,448.
sergeant, 76; sergeant of artillery, 158.  Osborne, Thoas, 18, 92, 138, 264, 308, 314, 488,
Munson, sister, 304.                             496.
Murder, trial of Nepaupuck for, 22.            Owen, John, 79, 81, 135.
Oystershell field to be let, 62, 216; tenants of,
Nash, 9; goodman, 49; brother, 82, 239.          94; disposed of for public advantage, 404.




544                                     INDEX.
Paine, William, 94, 139, 156, 173, 188 225, 242, Pocock. Mr., 49, 79, 196.
309, 310, 321, 358, 363, 364, 371, 378,397, 415, Ponderson, Punderson, John, 9, 17, 41, 49, 60,
458, 501.                                      93, 94, 137, 196, 238, 302, 408, 482.
Palmer, Michael, 109, 139, 170, 261, 322.        chosen for foundation work of church, 16;
Pardy, George, 135, 140.                         one of seven pillars, 20.
Parker, Edward, 123, 138, 251, 260, 262, 279, Ponderson, Punderson, sister, 303.
324, 405, 430, 497.                          Poore, Margaret, 105.
trial of, for slander, 257.                  Potter, brother, 109, 183; goodman, 32.
Parkman, Parkmore, Elias, 38, 229.             Potter, John, 9 13, 17, 92, 140, 262, 279, 497.
Parliament to be applied to for patent, 149, 211; Potter, Joseph, 140.
letter received from, 414.                   Potter, widow, 92, 247.
Parmele. John, of Guilford, 348.               Potter, sister, the midwife, 304.
Parrott, Francis, 24, 197.                     Potter, William, 17, 92, 122,138,303,314, 325.
Parsons, Persons, Robert, 138, 152, 153, 359, Pounds to be made, 82.
366, 436, 438, 452. 455, 465.                Powell, John, 18.
Patent, Mr. Gregson appointed agent to pro- Powell, Thomas, 50, 93, 122, 138, 155,194, 302,
cure, 149, 211.                                404, 430, 436, 441, 456, 495.
Patrick, Capt. Daniel, murdered at Stamford, Powell, sister, 304.
127.                                         Preden, James, 92.
Patteson, Edward, 18, 92, 138, 152, 303.       Preden, Peter, 92.
Patteson, sister, 304.                         Preston, Edward, 139, 301.
Paule, Daniel, goodman, 92, 105, 125, 138, 273, Preston, goodman, 10; brother, 96, 183.
282, 302.                                    Preston, Hackeliah, 141.
Pauling, Benjamin, 50.                         Preston, Jehiel, 141.
Pawgassett, 74.                                Preston, Robert, 139, 301, 303, 389, 399, 438,
Pawle, Benjamin, 18.                             481.
Pawquash, whipped for blasphemy, 262.            leather sealer, 356.
Payne, Florence, of Virginia, 170.             Preston, sister, 86, 304, 323.
Peacock, John, 18.                             Preston, William, 17, 81, 91, 121, 138, 143, 233,
Pearce, Mr., 50, 74, 126, 183, 194, 214, 215, 260,   244, 257, 302, 311, 314, 319, 354.
470.                                           will of, presented in court, 323.
offers to teach children writing and arithme- Priden, Mr., 152.
tic, 156.                                    Pringle, William, 140.
Peck, brother, 82; chosen corn measurer, 51; Proute, John, 29.
goodman, 50.
Peck, Hlenry, 18, 94, 138, 168, 274, 369,:389, 397, Quesaquauch, 1, 5.
415, 453, 459, 478 486.                      Quick, goodman, 46, 74.
Peck, Joseph, 94, 139, 141, 189, 274, 397, 411, Rates, ordered, 25, 40, 83, 181, 230, 310; how
456.                                           paid, 60; committee appointed to consider
Peck, William, 9, 18, 44, 92, 94, 138, 144, 184,   new way of, 448; Massachusetts law for, adopt302, 399, 418, 428, 430, 436.                  ed, 494; committee chosen for, 495; for lands,
Peck, sister, 304.                               43, 185; for houses, 502; for wares and labor,
Pieces of eight to pass at five shillings, 86, 211.   35, 52; penalty for taking more than the apPeirce, Mark, 18, 93, 109, 138,164,302.          pointed, 44; laws concerning, repealed, 61;
Peirse, Daniel, 372, 467.                       upon thejurisdiction, 97, 118, 482.
Pell, Mrs., 442, see Brewster.                Rawse, George, 141.
Pell, Thomas, 77, 80, 81,161,163, 178, 237, 267, Raynor, Thurston, 10, 127, 128.
276, 279, 299, 302, 321, 334, 335, 341, 356, 359,   constable for Rippowams, 58; magistrate for
362, 366, 375, 392, 402, 420, 436, 455.        Stamford, 85, 112, 129.
Pennington, Ephraim, 94, 138, 405.               letters received fro(m, 118, 135.
Perkins, Edward. 140.                          Reader, Reeder, John, 17, 28, 31, 51, 92.
Pert, William, 261, 324.                       Reeks, Stephen, 337, 467.
Pery, goodman, 398.                           Rhode Island, 246, 360.
Pery, goody, 339.                             Rippowams, 69.
Pery, Mary, 258, 476.                            Thurston Raynor chosen constable for, 58;
Pery, Mrs., 303, 416.                           named Stamford, 69.
Pery, Richard, 9, 17, 26, 28, 39, 41, 44, 50, 61, Robinson, Thomas, 122, 139, 151, 161, 163, 176,
62, 77, 91, 125,134 138, 141, 145,185, 196, 228,   222, 233, 264.
259, 264, 302, 320, 327, 333, 334, 338, 363, 369,   charged with removing landmarks, 174.
373. 413, 415,488.  Robinson, Thomas, jun., 139.
desired to take notes of court proceedings, Rose, Robert, 401.
225; secretary, 230, 274; action against Henry  Row, Mathew, 109, 125, 134,139,260, 411.
Bishop, for slander, 268; has liberty to go a Rowe, Owen, 39, 40, 50, 91, 94, 129, 164, 196, 427.
voyage, 304, 354.                           Royes, goodman, 350.
Pigg, Robert, 18,46, 50, 61, 94, 138, 155, 162, Rudd, Jonathan, 123, 133, 138, 258.
229, 415, 419, 439.                          Rudderford, Rutherford, Rotherford, Henrly,
Pike, Mr., of Unkaway, 151.                      92, 139,185, 302, 32,6) 338, 408, 450, 477.
Pikes to be provided, 214.                     Rutherford, Sarah 301; sister, 304; Mrs., 436.
Piket, Mlichael, 507.                          Russell, James, 18, 93, 138, 160, 302, 430. 459,
Plantation court, time of holding, 160, 191;   487.
powers of, 113, 192.                         Russell, Mr., of Charlestown, 152.
Planters to give in number of their families and  Russell, Mrs., 269; sister, 304.
estate, 27, 192; list of, 91; oath of fidelity ad- Russell, William, 18, 50, 61, 94, 138, 146, 168,
ministered to, 137-141; to be present at gen-   335, 378, 431, 502.
eral courts, 213.
Plat, goodman, 190, 232.                       Sabbath, law against breach of, 358; prosecuPlatt, Richard, 92, 307, 452.                    tion for do., 337.
Plume, Mrs;, 397, 401.                         Saltingston, Mr., 74.
Plume, John, 397, 401.                         Sassacus, 22.
Plume, Samuel, 397, 401.                       Saule, Thomas, 26, 28, 41, 145.




INDEX.                                         545
Saybrook, vessel cast away at, 281.          1 Stevenson, Thomas, 152.
School, free, to be set up, 62, 210.            charged for escape of murderer of Capt. PatScriptures, declared to hold forth a perfect rule,   rick, 127.
12, 21; to be the only rule, 69, 130, 191.  Stewart, James, 26, 87, 122, 123, 125. 260, 261.
Seaman, Caleb, 271, 276.                      Stiles, Mr., of Connecticut, 124.
Seating people in the meeting house, order of, Stone, Mr., 473.
302.                                         Stonell, IIenry, 92.
Seckett. Sackett, John, 56, 139, 271, 300, 307.   Stuyvesant, Peter.
Secretary, chosen, 21, 44, 58, 78, 119, 148, 171,   letters to, 507, 508, 509, 511, 514, 523, 525,
230, 274. 354, 381,457; to keep book of alien-   527, 528, 530, 532, 534.
ations, 83; salary of, 182; Thomas Fugill de-   letters from, 512, 513, 522, 526, 527, 531, 533,
prived of office of, 225; chosen for jurisdic-   535.
tion, 112, 275.                             Sugcogisin, 1, 5.
Seely, Nathaniel, 232, 308.                   Surveyors of roads and bridges chosen, 148, 275;
Seely, Robert, 9, 17, 20, 25, 26, 31, 41, 58, 64, 66,   to be continued, 171.
91, 105, 124, 136, 142, 143, 146, 150, 161. 164, Sutton, Ambrose, 122, 138, 173, 231,321, 327.
172, 175, 222, 226, 276, 292, 300, 302, 305, 330, Swaine, Samuel, 24, 124, 259, 493.
351, 355, 369, 376, 384, 404, 408, 418, 421, 428, Sweeds, imprisonment of Mr. Lamberton and
446, 495, 500, 503; marshall, 21, 44, 58, 79 I  others by, 106-108.
lieutenant, 76; lieutenant of artillery, 158; Swinerton, Mrs., 50.
leather sealer, 242, 356; has leave to go to
England, 275; captain of artillery, 382; de- Taintor,Michael, 451; goodman, 162.
sires to resign lieutenancy, 457, 461, 466.  Tamadge, Robert, 93, 140, 488.
Seely, sister, 303.                           Tanner, Nicholas, 26, 56.
Sellick, Mr., 366, 421, 450.                  Tanning, hides spoiled through ignorance in,
Sequin, 5.                                       86, 215.
Sergant, Jonathan, 138, 347.                   Tapp, Edmond goodman, 28, 33,92, 112, 127,
Seven pillars chosen, 20.                       492.
Shampishuh, 1, 5.                                chosen magistrate for Milford, 112, 129.
Shearman, Daniel, 141.                         Tench, Edward, 27, 50, 93, 196.
Sheath, [Sheaf] Jacob, deputy for Guilford, 129.   will of, presented in court, 278.
Sheep, keeping of, 148, 167. 318, 461.        Tharpe, Thorpe, William, 9, 17, 28, 31, 50, 93,
Ship Fellowship, help desired to launch, 273;   94,121, 137, 194, 231, 272, 303.
feofees of, 283, 331; freed from rates, 499.    Thickpeny, John, deposition of, 106.
Ship  Swallow, adjudged in  Virginia to the Thomas, John. 51, 121, 122, 138, 170, 188, 235,
mariners, 467.                                 303, 360, 392, 448, 461.
Ship taken out of the harbor by the Dutch, 333, Thompson, John, nailor, 144, 151.
508.                                         Thompson, Tompson, John, 18, 47, 50,121, 122,
Shirman, goodman, 9, 44, 184.                    125, 138, 139, 140, 228, 356, 365,404, 430, 437,
Shirman, John, deputy for Milford, 112.          496.
Shirman, old father, 52.                       Thompson, Tompson, Anthony, 9, 18, 41, 79,
Shirman, widow, 92.                          I  92, 125, 138, 140, 143, 150, 155, 181, 272, 277,
Slooper, Nicholas, 477, 488.                     280, 300, 302, 305, 307, 310, 316, 319, 326, 364,
Slow, William, 138.                             382, 387, 431, 454, 486.
Slowson, George, charged for escape of murder-   surveyor of roads and bridges, 148; will of,
er of Capt. Patrick, 127.                      presented in court, 411.
Smith, Elizabeth, 242, 253, 259.               Thompson, Tompson, brother, 62, 88.
Smith, George, 18, 87, 92, 138, 297, 303, 316, Thompson, Tompson, widow, 418, 431, 444,486.
317, 448, 502.                               Thompson, Tompson, William, 10, 136, 138,
Smith, Nehemiah, 172, 182, 318,460.              152, 227, 231, 233, 302, 314, 385, 486, 495.
desires land to keep sheep, 148, 266.        Thompson, Tompson, sister, 303.
Smolt, Smoolt, Richard, 267, 308.              Thompson, Tompson, Mr., of Virginia, 366.
Smyth, Abraham, 61, 427.                       Thompson's IIistory of Long Island, passage
Smyth, Francis, 123.                             quoted from. 463.
Smyth, goodman, 136.                          Thorp, Nathaniel, 141, and see Tharpo.
Southold, see Yennycot, plantation of, to be Throckemorton, Mr., 522,523.
made over to them, 463.                      Tichener, Titchin, Martin, 139, 400.
Southwood, Obadiah, 162.                       Till, James, 163,293,413, 416. 418, 420,437, 454.
Sparkes, Richard, 339.                        Tillson, goodwife, of Virginia, 421, 450.
Speede, John, 271, 279.                       Timber, not to be cut without leave, 25; damSpencer, George, 29, 31, 32, 33.                age done to by barking, 165.
trial of. for beastiality, 62-73.           Tobacco, penalty for taking in an uncovered
Sperry, Richard, 122, 138, 378.                 place, 241.
Spinnage, Spenning, Humphrey, 26, 28, 41,140. Toby, Thomas, 77, 80, 81, 123, 229, 393.
Squadrons, one of the, to come armed to the  Todd, Christopher, 18, 50, 94, 138, 228, 294, 303,
meeting, 119, 203.                             339, 429, 430, 450.
Stallion, Stolyon, Mrs., 56, 80, 147, 174, 186, Todd, sister, 303.
199, 241, 307.                               Tomlinson, Thomas, 140.
accused of extortion, 175.                   Tooley, Towly, Edmund, 123,133, 138, 423, 438.
Stolyon, Abraham, 139.                        Tompson, see Thompson.
Stolion, Mr., 174.                            Toquams, Andrew Ward and Robert Coe depuStafor, 45. 86, 97, 110, 118,127, 129, 130, 134,   ted to treat with New Haven for, 45, see Rip199, 448, 532.                                powams, Stamford.
named, 69, 199; trouble With Indians at, 69, Totoket, 42, 44, 45, 47, 84, 122, 153, 195, 297,
79, 119,135, 182; constable chosen for, 78.   345. 348, 493.
letters received from magistrate of, 118.     granted to Rev. Samuel Eaton, 40; to be disStandish, Thomas, of Wethersfield, action of   posed of by town committee, 126.
town of Guilford against, 497.                planters complain that Indians hurt their
Stanton, Thomas, 481; interpreter, 1, 5.        cattle, 150; granted to Mr. Swaine, 199: difStevens, Anthony, 72, 168, 170.                 fereuce with about bounds, 492.
69




546                                     INDEX.
Training, times of, 76, 166, 187, 202.         Ward, Andrew, 9, 58.
Treasurer, chosen, 51, 78, 85, 119,148,156, 171,   deputed by Wethersfield men to treat for pur274, 381, 457.                                 chase of Tocluams, 45; constable of Stamford,
Tredwell, Ed-ward, 295.                          78; letter received from, 85; deputy for Stam —
Trees, not to be cut where spruce masts grow,   ford, 85, 129; magistrate for Stamford, 275.
48. 213; not to be cut on common without Ward, George, 18, 56, 93, 139, 184, 265.
leave, 83, 155, 200, 358.                    Ward, George and Lawrence, action of, against
Trobridge, Thomas, Mr., 80, 92, 124, 140, 185,   the company of merchants, 329.
264, 320, 325, 379, 454.                     Ward, goodman, 33, 39, 42, 122.
goods of, attached, 59; sergt. Jeffery to take  Ward,l. Lawrence, 18, 93, 105, 123, 125, 138,401.
the children of, 133; house of, sold to Mr. Watch, orders for the, 33, 74, 75, 205, 274, 381;
Evance, 219.                                   to be kept fiolm March 1 to last of Octob., 132,
Truck master, Mr. Gregson appointed, 43.         204.
Turner, Abigail, 337.                            who exempted fromu, 464; increased, 483.
Turner, Daniel, 139, 442.                      Watters, Edward, 139.
Turner, Isaac, 141.'Watters, Joseph, 488.
Turner, James, 422, 528.                       Watson, Edward, 138.
Turner, Lawrence, 163.                         Wattoone, 23.
Turner, Mrs., 258, 293, 303, 308, 322. 334. 336.  Watts, Jeremy, Jeremiah, 270, 400, 487.
Turner, Nathaniel, 9, 17, 20, 24, 25,26, 28, 31, Watts, Lawrence, 90, 120, 423, 465.
32. 41, 48, 70, 77, 91, 105, 137, 142, 146, 148,   inventory of, presented in court, 437.
160, 163, 174, 187, 325. 398.                Ways to be maintained before house lots, 231.
chosen for foundation work of church, 16; Webb, Richard, 122, 134, 139 164, 242, 243.489,
deputy, 21, 44; captain, 40; land granted    498.
to, 42, 195; has leave to go to Delaware Bay, Weeden, Thomas, 140.
57; deputy for jurisdiction, 111, 125, 146,147, Weights and measures, standard to be made
156, 171; about to leave (in the phantom    for, 166; to conforml to standard, 213; to be
ship,) 184; inventory of, presented in court,    viewed once a year, 242.
336.                                        I Welch, Thomas, 31, 41, 91, 314.
Turner, Rebecca. 337, 469, 478, 480.          I Wells, William, 456, 463.
Tuttle, Tuthill, John, 140.                   i Weluash. to have a suit of clothes at the town's
appointed constable for Yennycock, 70.         charge, 60.
Tuttle, Jonathan, 140.                         W ethersfield, 23, 199, 200, 497.
Tuttle, sister, 303.                         I Wesancuck, 1, 5.
Tuttle, Thomas, 141.                           W esterhouse, William, 140, 355, 363, 366, 367,
Tuttle, William, Mr., 17, 41, 43, 44, 91. 139, 155    413,20, 420,29 470, 473, 476, 499, 508, 513, 515,.? 156, 196, 261, 270, 281, 302, 319, 331, 401.  525, 526, 528.
Tyler, William, 140.                             ship of, seized by thB Dutch, 333, 508; freed
frous watching, 375; action of Mr. Evaruce
Uncas, 110, 118, 150, 167.                       against, for ship Swallov, 467.
Underhill, John, 10, 118, 127.                 Wheelbarrows, &c., not to be taken -without
deputy for Stanmford, 85; proposes to raise   leave, 48.
soldiers for aid to the Dutch, 116; ~20 lent Wheeler, goody, 304.
to, 117.                                     Wheeler, Moses, 93, 94, 347, 350, 384.
United Colonies, commissioners chosen for 87,        heeler, Thomas, 121, 134, 138, 274, 297, 303,
117, 275; articles of confederation read, 96;   314, 391, 417, 430, 450, 4,55, 458, 462, 489.
to berecorded, 96, 98.                       Wheeler, ThomaLs, jun., 479.
Usher, Robert, 139, 229, 232, 237, 261.        Whelply, Henry, 184, 326, 332.
White, William, 139, 174.
Vacant lots, fenced at town charge, 60; reserv- Whitehead. Isaac, 94, 122, 125, 139, 434, 446,
ed till arrival of first ships, 62; disposition    459.
of, 94, 95, 414, 427; committee alppointed for!Whitehead, John, 365, 391, 436.
disposition of, 369, 375, 407.               Whitehead, Sanmuel, 10, 17, 76, 92, 123, 138,
Venison, rate at which to be sold, 43.           165, 228, 302, 333, 382, 390, 404, 428, 431, 466,
Vincent, John, 9, 18, 50, 95, 109, 138, 295, 303,   478, 486, 495.
399. 404,427, 449, 459.                        corporal, 76.
Virginia, 35, 152, 169, 170, 291, 298, 366, 421, Whitehead, sister, 304.
450.                                         lhitehead, Thomas, 365. 370.
ship Swallow adjudged to mariners at, 467.   Whiteway, Thomas, 123, 348, 493.
Whitfield, Mr [lienry,] 59, 199.
Wakefield, John, 46, 75, 139, 303, 411, 424, 444, Whitman, Zachariah, 92, 322.
496.                                           deputy for Milford, 129.
Wakefield, sister, 304.                        Whitmore, John, 69.
Wakeman, John, 9, 18, 41, 62, 74, 79, 105, 126,   deputy for Stamfordl, 112; murdered by In137, 143, 160, 161, 171, 179, 186, 222, 231, 283,   dians, 482.
305, 314, 319,331, 377, 401,404 425, 448,465, Whitnell, Jeremy, 18, 77, 81, 91, 94, 121, 138,
486, 495.   154, 164, 228, 231, 274, 30. 302, 404.
deputy, 58, 69, 78, 85, 119, 125. 148,; deputy I Vhitnell, sister, 304.
for jurisdiction, 227, 274, 354, 31.         Wigglesworth, Wiggleworth, Edward, 9, 17,
Wakeman, AMrs., 245, 343.                        49, 93, 139, 196, 267, 281, 302, 368, 370, 430,
Wakeman, Samuel, 140.                            453.
Walker, George, 180; licensed to retail wine, Wiggles-worth, sister, 303.
218.      n    2Wilford, John, 61, 138, 303.
Walkler, goodman, 258, 281, 301.               Wilkes, William, Mr., 17, 28, 46, 58, 60, 91, 321,
Walker, John, 18, 50, 94,138, 140. 153, 161, 1170    391, 897.
228, 326, 334, 406, 429, 441, 466:           Wilkes, Bridget, 321, 397.
Wampum, to pass at 6 a penny, 44, 211; to be Wilkes, Mrs. Joane, 372, 379, 469.
current pay under 20 shil., 183; to be suita- I  will of, presented in court, 361.
bly stringed, 405.                         W1 illet, Mr., 522, 523.
War, council of, appointed, 135, 167, 484.    1Williams, widow, 50, 93, 194.




INDEX.                                       547
Willmot, Benjamin, 18, 51, 138, 261, 302, 386, Woolen, Jean, 391.
413, 487.                                  Woolen, John, 79, 142.
Willmot, goodman, 313; old, 140, 263, 378.     imprisoned by the Sweeds at Delaware, 106Willmot, sister, 304.                          108.
Willmot, William, 140.                       Word of God to be the only rule, 21, 69, 130,
Wills and inventories, abstracts of, 278, 300,   191.
323, 335, 341, 361, 362, 380, 410, 411, 437, Worry, Woory, Ralph, 299, 301.
439, 479, 480.                             Wright, Benjamin, of Guilford, 497.
Wilson, Samuel, 125, 139, 232, 261, 267, 426,   to be whipped, 472.
430.
Windsor, 229, 419.                           Yale, Thomas, Mr., 17, 50, 64, 66, 92, 122, 125,
Wine, not to be retailed without license, 166,   138, 194, 301, 302, 386, 414, 480, 499.
218; to be drawn only at the ordinary, 273.  Yale, David, 50, 91, 196, 301, 327.
Winston, John, 139, 458.                     Yale, Mrs., 303.
Winter, four months to be accounted as, 44.    1 ennycock, Yennycott, 97,  110, 152, see
Winthrop, John, (gov. of Mass.,) letters receiv-   Southold.
ed from, 96, 97; letters from, 464, 517;   constable appointed for, 70; letter written
allusion to his death, 531.                 to, 97.
Wolves and foxes, reward to those who kill, 27, Young men not to live by themselves in cellars,
182, 217, 283.                               70.
Woodcliff, Edward, 35.
Wooden, William, 123, 133, 140, 232, 293, 380, Zeaker, skipper 296.
470, 496.                                  Zellick, Mr., 391.
action against for defamation, 339, 398.  i