»*» " » » » »' ^ » 9 o Please handle this volume with care. The University of Connecticut Libraries, Storrs DOtb NOTCiRCULATE 3 1153 DD2M1MMD 1 DOES NOT CIRCULATE >-;-. DOLc::) iNUi L/UNoJLATE Digitized by tine Internet Arciiive in 2009 witii funding from Boston Library Consortium IVIember Libraries Iittp://www.arcliive.org/details/publicrecordsofc001conn VjO V\ AP--^^-''^-''^*-*^'' ' THE PUBLIC EECORDS F .V.I COLONY OF CONNECTICUT, PRIOR TO THE UNION WITH NEW HAVEN COLONY, M A Y , 1 6 C 5 ; TRANSCRIBED AND PUBLISHED, (iN ACCORDANCE WITH A RESOLUTION OF THE GENERAL ASSEBIBLY,) UNDER THE SUPERVISION OF THE SECRETARY OF STATE, WITH OCCASIONAL NOTES, AND AN APPENDIX ; '^•^■k-x-y.^^.^^^ By J. HAMMOND TRUMBULL, COR. EEC. CONX. HIST. SOCIETY ; COR. AI£MB. JT. YORK HIST, SOCIETY, ETC HARTFORD: BROWN & PARSONS. 1850. DOEsS NOT CIRCULATE At a General Assembly of the State of Connecticut, holden at Hartford, in said State, on the first Wednesday of May, in the year of our Lord, one thousand eight hundred and forty-nine: Resolved, That the Secretary of State be authorized to purchase for the use of the State, two hundred and fifty copies of a publication of the Public Records of the Colony of Connecticut, prior to the union with New Haven colony, under the Charter of 1662. Provided, that such publication shall be made with the approval, and under the supervision of the Secretary, and shall be authenticated by his official certificate as a true and literal copy of the original record ; and provided also, that the expense of the same shall not exceed two dollars per copy ; and that the literal copy of the original record, above specified, be deposited with the Secretary of State, for the use of the State. Resolved, Tliat the copies so purchased be distributed by the Secretary, as follows ; one copy to the town clerk of each town 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 Gov- ernor of each of the several states and territories, of the United States; one copy to the library of Congress ; and the remainder of said two hundred and fifiy copies, to be deposited in the office of the Secretary of State, subject to the disposal of the General Assembly. PRESS OF CASE, TIFFANY & CO., HARTFORD, CONN. PREFACE. The early annals of a State require no formal introduction to the descendants of its founders. If the transcriber have well accom- plished the task which a love of the olden time impelled him to undertake, and which the liberality of the Legislature supplied, in part, the means of prosecuting, no doubt can exist as to the favorable reception of the volume now presented to the citizens of Connecticut. The value which may attach to it must, of course, mainly depend upon the degree of confidence entertained in its accuracy as a ' true, full and literal copy of the original Record.' The professions or assurances of the transcriber, could do little to impart such confi- dence ; nor could they give additional weight to the certificate of official authentication, or to such internal evidence of reliability as, it is hoped, a careful perusal of the volume may supply. A notice of the condition and arrangement of the original records, and of the plan adopted by the transcriber in the construction of this work, may not, however, be deemed inappropriate. The first volume of the Colony Records is in three parts, origin- ally bound in as many separate volumes. The first of these consists of the records of the General and Particular Courts, commencing with the session held at Newtown, (Hartford,) April 26th, 1636, (by the magistrates commissioned by Massachusetts, to ' govern the people at Connecticut,'*) and closing with the December session of the Court of Magistrates, 1649. Next following, (separated by a few blank pages from the Court Records,) are the records of Wills * The commission " to several! persons, to govern the people at Connecticutt for the space of a year [then] next coming," was granted by tlie General Court of Massachusetts, March 3d, 1635(6,) — after consultation with John Winthrop, then lately " appointed governor by certain noble personages and men of quality, interested in the said River, which are yet in England." The commissioners named were Roger Ludlow Esq., William Pincheon Esq., John Steele, Wil- liam Swaine, Henry Smith, William Phelps, William Westwood and Andrew Ward. See the commission, at length, in Hazard's State Papers, Vol. 1, p. 321. IV PREFACE. and Inventories. The remainder of the volume contains Grants and Conveyances of Lands, by towns and individuals, some of which are of as recent date as 1702 ; the greater part, however, having been transcribed from the several town records, between 1662 and 1690. These have not been included in the present publication, the propo- sed limits of which would not admit of their insertion, and the omission being regarded of the less importance, as copies of most of them are to be found elsewhere, and as the interest which attaches to them is mainly local or personal. Six pages of recognizances and bonds for prosecution, of various years, entered at the begin- ning of the volume, preceding the first page of the Court records, have likewise been omitted, in publication. The second volume contains the records of the General Court from February, 1650, to October, 1669; — and at the other end of the book, separately paged, is recorded the Code of 1650, with such ad- ditional orders ' of general concernment,' as were, from time to time, passed by the General Court. The second volume of the records of the Particular Court, or Court of Magistrates, comprising a period of about thirteen years, (from January, 1650, to June, 1663,) and including the Probate Records, long since disappeared from the Secretary's Office, and is supposed to be irrecoverably lost. The third volume, commencing June, 1663, and containing, at one end, such Wills and Inventories as were brought for record between that date and Sept. 1677, was, some years since, rebound, and lettered, " Probate Records, Vol. III. — County Court." In transcribing the first volume for the press, occasional changes of its arrangement have been deemed advisable, for the purpose of facilitating reference, and to preserve chronological sequence. Thus, the Constitution of 1639, has been transposed from the end of the volume, to its proper place, preceding the record of the April Court :* the wills and inventories recorded prior to 1644, have been brought together, at the end of the Court Records, and placed with others subsequently recorded :f the records of such sessions of the Court as were entered by the Secretary after others of subsequent date, have been restored to their proper order. These, with other similar changes, have been made with less hesitation, from the fact that the paging of the original has been carefully retained, at the side of each printed page. ♦ Pages 20-26. t See note, on page 442. PREFACE. V The names of magistrates and deputies, and of jurors in the sev- eral courts, are, in the original, recorded on the margins of the pages. To retain this arrangement, in the printed copy, would have been, on many accounts, inconvenient. The names of the members of the court have therefore been placed, in double columns, at the com- mencement of each session. While the orthography of the original has been preserved through- out, it has not seemed necessary to adhere as closely to the anoma- lous punctuation, or the use of capital letters, practised by the early recorders. To have done so would have increased the difficulties of perusal and materially detracted from the interest of the volume to the general reader. Yet the liberty taken in these particulars has been cautiously used, and in all cases where the sense of the original could be affected by the change of position or interpolation of a comma or period, the record has been printed precisely as orig- inally punctuated. The more common abbreviations employed in the work, require no explanation. Nor will it be necessary to inform those who are at all conversant with old manuscripts, that a single m or n, with a cir- cumflex or dash above it, (m or fi) was frequently substituted for the double consonant ; — or that the same mark placed above a vowel indi- cated the omission of the consonant, (usually m or n,) immediately following ; (as fro {ov from, tio for tion, at the end of a word.) Where portions of the original are wholly or in part obliterated, the missing words (when obviously indicated by the context,) have been supplied by the transcriber. Such words are, in all cases, included in brackets. If the word to be supplied has seemed at all doubtful, or if the record could possibly have admitted of a different reading, the portion in brackets has been italicized or is followed by a mark of interrogation. In a few instances, where a slip of the recorder's pen has occasioned an evident error in the original, the correction has been suggested in a foot note, or indicated by an itali- cized word, placed in brackets, with an interrogation mark. In two instances only, slight changes have, for obvious reasons, been made in the language of the record. In one case, (on page 55,) a few words, (in brackets,) have been substituted, as of less excep- tionable phraseology than the original : in the other, (on page 157,) the omission of a line is indicated by a note at the foot of the page. Such extracts from the Records of the United Colonies as have been occasionally introduced in the notes and appendix, have been made from the manuscript (cotemporary) copy preserved i/i the Sec- VI PREFACE. retary's Office. Numerous errors, especially in dates and names, occur in the copjr of these records published in the second volume of Hazard's State Papers, — to which publication, however, it has in some cases been found convenient to refer, by page. When the publication of this volume was first proposed by the transcriber, and at the time of securing a legislative appropriation for its encouragement, an accurate copy of the original was all that was contemplated. In the course of publication, however, the lib- erty has been taken of introducing an occasional note, explanatory or illustrative of the text, — and a number of interesting historical documents, not previously published, have been included in an Ap- pendix. Two Indexes, of names and subjects, have also been pre- pared, which, if less copious and complete than the antiquarian or genealogist could wish, it is hoped may in some degree facilitate their researches, and aid the general reader to refer to the contents of the volume. Fac-similes of the autographs of members of the first Court of Election under the Constitntion of 1639, and of Magis- trates chosen at the Union of the Colonies, in 1665, have been pre- pared with all possible care and accuracy, from originals collected in part from early files in the State Department, and in part from the town records of Hartford, Wethersfield and Windsor. Fac-similes of portions of the original records, in the hand writing of each of the secretaries* who held office prior to the Union, have also been intro- duced. These additions, and the consequent increase of the cost of publication, will account for the advance upon the original subscrip- tion price, at which the remainder of the edition is offered to non- subscribers. However imperfectly the task of the transcriber may have been accomplished, it is hoped that succeeding Legislatures may not thereby be deterred from lending their aid to the prosecution of a work, alread)'' too long delayed, of which this volume is to be re- garded only as the commencement ; — that of giving to the public, in * A reference (upon the fac-siinile, facing page 9,) to John Steel, as 'Secretary' of the col. ony, from 1636 to J639, may require a word of explanation, — as his appointment to that office is no where mentioned in the record. A comparison of the first pages of the Colony Records with the early records of Hartford and Farmington, during the period Mr. Steel was recorder of those towns, leaves no doubt of the identity of the hand writing. The chirography of Mr. S. was eomewhsit peculiar (as may be seen by inspection of the fac-simile of an unusually legible speci- men of it,) and cannot well be mistaken. The first four, part of the fifth, and the tenth pages of the first volume are in this hand. Pages six to nine, inclusive, are in a different, and far more legible hand, — possibly that of Mr. Clement Chaplin, whom Dr. Trumbull concludes (in Hist, of Conn., 1. 95,) to have been "the first secretary." There are, however, upon all of these pages, occasional interlineations and additions, in the hand writing of Mr. Steel. PREFACE. VU a permanent form, and thus securing the preservation of all the early records of the Colony, prior to 1700, — together with such co- temporary documents of historical value or interest, as are preserved in the State Department. These latter constitute a large portion, indeed, almost all that yet remains to us, of the documentary history of the colony for the first half cetitury succeeding its settlement. Of comparatively few of them are copies, even in manuscript, extant, — and the loss or injury of the originals would therefore be utterly irre- parable. And yet, whatever precautions may be taken to ensure their preservation, by placing them beyond the reach of ordinary accident, no care can enable them much longer to withstand the ravages of time. As the ink fades and the paper crumbles, the work of transcribing not only becomes more difficult, but leads to less accurate and reliable results. Whatever is to be done to per- petuate these early annals of our state and memorials of its founders, should be done soon. J. H. T. Hartford, March 1st, 1850. CONTENTS. PAGE Records of the General and Particular Courts, from April, 1636, to December, 1649, [from Vol. I., pp. 1-209.J ... 1 Records of the General Court, from Feb., 1650, to May, 1665, [from Vol. II., pp. 1-205.] ... 204 Record of Wills and Inventories, 1640 to 1649,— [from Vol. I.] 442 Code of Laws, established by the General Court, May, 1650, . 509 Certificate of the Secretary of State, 554 Appendix : No. I. Letter from Sir Wm. Boswell, relating to encroach- ments of the Dutch, 565 No. II. The articles of combination with Southampton, (L. I.) 566 No. III. Respecting the agreement with Mr. Fenwick, . 568 No. IV. The claims of Massachusetts to the Pequot country, 570 No. Y. Letter from Connecticut to Easthampton, . . 572 No. VI. Respecting the settlement of accounts with Capt. John Cullick, 573 No. VII. Abstract of the will of George Fenwick, . . . 574 No. VIII. Letter to the Comm'rs of the U. Colonies, complaining of affronts received from the Narragansetts, . 576 No. IX. Letters from Mr. William Goodwin, respecting Gov. Hopkins' Legacy, 578 No. X. Instructions to Gov. Winthrop, agent for procuring the Charter ; Address to the King ; and Letter to the Earl of Manchester, 579 No. XL Petition of Mrs. Ehzabeth Culhck, to the General Court, 1663, 585 No. XII. List of documents relating to the Union with New Haven, 586 Index of Names, .' 591 General Index, 597 COLOIIAL RECORDS. [volume I.] [1] A CoRTE HODDEN ATT NeWTON 26 APR. 1636. Roger Ludlowe Esqr., Mr. Westwood, Mr. Steele, Mr. Warde. Mr. Phelpes, It was now complayned y* Henry Stiles or some of the ser- [vants] had traded a peece w^'i the Indians for Corne. It is ordered y^ [the] saide Henry Stiles shall, betweene & the next Cort, regaine [the] saide peece from the saide Indians in a faire & legall waye, or els this Corte will take it into fmiher consideracon. It is ordered y* from henceforth none y* are w^hin the Juris- dic[tion] of this Cort, shall trade w^ii the natiues or Indians any peece or pistoll or gunn or powder or shott, vnder such heavie penalty as -vppon such misdemeanor the Corte shall thinke meete. Constables sworne, for Dorchester, Newtowne & Water- towne, for this next yeere and vntill newe be chosen, are Henry Walcott for Dorchester, Samuell Wakema for Newtowne -son- ally to app'' [&] answere his neglect, ; It is ordered yt there shalbe a sufficient Watch maynte[ined] in every towne & yt the Constable of each Towne shall d[uly] warne the same & see y* the inhabitants or residents doe seu^ally in their Turne observe the same accordinge as [the] Inhabitants doe agree, w«h said watch shall begin & end w^ the Courte or magistrates shall thinke meete. It is ordered yt Samuell Wakeman & Geo : Hubberd shall [survey] the breadth of the plantacon of Dorchester howe OF CONNECTICUT. 3 farre [it] shall extend aboue Mr. Stiles & shall certifie vnto the [next] Corte their pfceedinges herein to th' end it may be then confirmed, and y*^ they shall haue from the saide Towne satisfaccon for their paines. And the saide Samuell Wake[man] shall doe the Uke for Watertowne in their bredth toward [the] mouth of the River & have the like satisfaccon. And this done w^iiout faile before the next Corte vppon peine [ofj 40*'^ shillinges of each heade y^ shall faile therein. It is ordered that every souldier in each plantacon shall haue in his howse in a readines before th' end of August next twoe pounde of powder, & y* they shall shew it to the Constable whenever he shall call them vnto it vppon the penalty of Xs. for every failure w^h is presentlie to be le[vied] by the saide Con- stable w^hout [resistance] as alsoe 20 bul[letts of leade in the like readines vppon the same penalty and in the same manner to be levied.] [2] A Corte held att Watertowne 1° T^"", 1636. Roger Ludlowe Esq''., Mr. Wm. Phelps, Mr. Jo : Steele, Mr. Wm. Westwoode, Mr. Wm. Swaine, Mr. Andr: Warde. It is ordered y^ the order concerninge Powder & BuUetts, of the 7th of June last be nowe p^sentlie published in the seu''all plantacons & y* there be respite given vntill th'end of this instant moneth & then to be putt in execucon w^^^out faile. Whereas there was tendered to vs an Inventory of the estate of Mr. Jo : Olda w^^ seemed to bee somewhat vncerteinely valued, wee therefore thinke meete to, & soe it is ordered, that Mr. Jo : Plum & Rich : Gildersleeue togeather w^h the Con- stable shall survey the saide Inventory and prfect the same be- fore the next Corte & then to deliu"^ it into the Corte. It is ordered y* Thurston Rayner as he hath hitherto done soe shall continue to looke to &c p""serue the Corne of Mr. Olda & shall inn* the same in a seasonable tyme & shall bringe an Accompt the next Cort what quantitie there is of it as alsoe of his labor & then the Cort will out of the same allott vnto him soe many bushells as shalbe reasonable for his paines & 'Inn ; to house, to put under cover. Webster. 4 PUBLICKECOBDS labor. And in the meane if he hath vse of some for his owne spendinge to take some w^h shalbe then deducted out of what wilbe due to him. And then the Cort will give finall order con- cerninge the same. It is ordered y* every plantacon shall traine once in every moneth, & if vppon complainte of their military officer it app" that there bee divers very vnskilfuU the sayde plantacon may appointe the officer to traine oftenerthe saide vnskillfull. And yt the saide military officer take veiwe of their seu'all Armes whether they be seruiceable or noe. And for default of every souldiers absent the absent to paye 5s. for every tyme w^J^out lawfuU excuse w^hin 2 dayes after tendered to the Com^s or one of them in the saide plantacon. And for any default in Armes vppon warnings to them by the saide officer to amend the same &; a tyme sett & if not then amended by the tyme ap- pointed, Is. every tyme. And where Armes are wholly want- inge to be bounde over to answere it at the next Corte. Whereas it applied by a wrytinge vnder hand of Mr. Olda that twoe of the mares y* are nowe seized vppon by DanielJ Finch Constable of Watertowne, as Mr. Oldames goodes, are the goodes of Mr. Tho : Allen. And therefore it is ordered that the said mares shalbe deliu'ed to the saide Mr. Allen into his owne possession or his assignes. It is ordered by consent of S^ieant Seely pi* against the inhabitants of the Towne of Watertowne deft'S, yt a Jurer shalbe w^^^drawen, and y* the defts doe vndertake to p^'duce aijt order wherein they will make it appJ" yt it was ordered yt if the inhabitants of the saide Towne did not remoue w^^ their Families to Conectecott by th' end of this instant moneth or els there was noe pi'priety due to them in the devident of the landes of the saide Towne & y*^ the hand or the consent of the saide Willm Bassum is herevnto. And if the saide order be not pt'duced here to the Corte by the 2^ Cort after this the, Inhabitants are to pay the pl^^ damages. The first of November, 1636. ' S^ieant Seely pl<^«. Inhabitants of Watertowne defts. The Jury finde for the pl^e that hee is to have as an adven- OF CONNECTICUT. O turer & as a man that was in the Condicon that Bassam vnder whom he claymed was in. ^ Guilford, June 16 : 1665.* This is to certify unto all whom it may concerne, that vpon his certaine knowledge, by the advice of the Court, Wethersfeild men gaue so much unto Sowheag as was to his sattisfaction for all their plantations lyeing on both sides the great Riuer, w"'^the Islands, viz. six miles in bredth on both sides the Riuer, & six miles deep from the River westward, and three miles deep from the Riuer eastward. Thus testifyeth George Hubbard. By me George Hubbard. Taken upon oath Before me Willm Leete ; This is a true coppy of the originell being examined & com- pared therewith this 18 of May, 1667, p' me John Allyn: Secret'y. [3] A CoRTE HELD ATT Newe Towne 8^' 4^0, 1636. Mr. Ludlowe, Mr. Phelpes, Mr. Swaine, Mr. Westwoode, Mr. Steele, Mr. Warde. It is ordered that a Warrant be directed to Daniell Finch to suinon Rich : Gildersleeue to app' the next Corte or other meetinge of the Com" to bringe in an Inventory of Mr. Old- ames estate w<=h was sometyme in his handes as alsoe to smTion any other to appf that hath in his handes or canne declare where any of th' estate of the saide Mr. Olda is yt is not as yet revealed. A Corte held att Newe Towne 1° Novemb'', 1636. Mr. Ludlowe, Mr. P.helps, Mr. Pyncheon, Mr. Westwoode, Mr. Swaine, Mr. Warde. Mr. Steele, It is ordered that Sneant Seely shall betweene this & the next Corte consider of such noates & Inventories as haue come to his handes or knowledge concerninge the estate of * This certificate, is inairtod at the foot of the 2cl Page of the original, in tlie hand writing of Mr. Allyn. 2* PUBLIC RECORDS Mr. Oldam &, then deliuer them into the Corte vppon oath &. iupthe meane to pi'duce any noate or Inventory to Mr. Swayne & Mr. Warde that he hath or cann come by y* may make for the furtherance of the discouery of the estate of the saide Mr Olda, to th' end the Cort may then p^ceede in yt business as they shall see cause. It is ordered #y* S^ieant Stickland is to haue for 7 days ser- uice to the Rivers mouth, aboute Cattle of Mr. Michell & the lo : or their Agents, 21s. The rest y* went in the same seruice 14s. a peece, every Plantacon to defray the chardge of their owne men for the pi'sent &c yt the constables shall make a rate to that purpose. It is ordered that Mr. Clement Chaplin shall take into his Custody the goodes of Mr. Oldam deceased, according to an Inventory in Corte & in the Custody of Daniell Finch & he the saide Mr. Chaplin is to be responsiue for them as the Corte shall thinke meete, & if the saide Mr. Chaplin thinke meete he may sell them or any of them. It is ordered y^ Jo : Reeues is to retorne to his M'', Mr. Stiles whoe hath his Indenture & the saide Mr Stiles is to pay Willin Quicke 15s. for his passage, if not the C[orte] will take order in the same as they shall see meete. A Corte at New Towne 27 Dec. 1636. Mr. Ludlowe, Mr. Westwoode, Mr. Swaine, Mr. Phelps, Mr. Steele, Mr. Warde. It is ordered y* Daniell Finch shall haue for sixe dayes im- ploym* about Mr. Oldames estate & a Corte 13s. — 6. It is ordered yt Mr. Clement Chaplin shall diligenthe inquire after any the goodes of Mr. Oldam deceased & if there bee any p>-son or p^sons yt he can finde y^ hath or hadd any of the saide goodes in his handes & will not deliur the same nor an Inventory of them he may sumon him or them to app>" the next Corte to answere the same. It is ordered yt all the Creditors of Mr. Olda in the River of Conectecott bringe in their debts before the next Corte or OP CONNECTICUT. e[ls] he shall not be deemed as a Crediter in th' estate that is now extant. 21 Febr. 1636. Mr. Ludlowe, Mr Phelps,% Mr. Steele, Mr. Westwoode. Mr. Swaine, Whereas it was ordered y* Samuel Wakeman, Geo : Hub- bert, & Anncient Stoughton were to consider of the boundes of Dorchester towarde the Falls & of Watertowne towards the mouth of the River ; The saide Samuell Wakeman & [Geo :] Hubberd thinkes meete y* the plantacon of Dorchester shall extend towards the Falls, on the same side the plantacon standes, to a Brooke called Kittle Brooke & soe over the greate River vppon the same line that Newe Towne & Dorchester doth betweene them. And soe it is ordered by the Corte. It is ordered that the plantacon nowe called Newtowne shal be called &, named by the name of Harteford Towne, likewise the plantacon now called Watertowne shalbe called & named Wythersfeild. Samuell Wakeman & Ancient Stoughton doe thinke meete that the boundes of Wythersfeild shalbe extended toward the Rivers mouth in the same side it standes in to a Tree sixe miles downeward from the boundes between them & Harteford [marked w^h] N : F : & to [runn in an east] & west line, [& over] the great River, the saide Wythersfeild to begin att [4] the mouth of Pewter pott Brooke & there to runn due east into the Countrey 3 miles & downeward sixe miles in breadth, wh is ordered accordingly.* It is ordered yt the plantacon called Dorchester shalbee called Windsor. The boundes betweene Weathersfeild 6c Harteford are agreed on the side wherein they stand to be att a Tree mi'ked N : F : ■& to w<=h the Pale of the saide Harteford is fixed, to goe into the * The words in brackets, (now illegible In the original Record) are here supplied from a cer- tified copy of this and the next preceding order, made in 1708. Towns & Lands, Vol. iv. Doc. No. 1. PUBLIC RECORDS Countrey due east & on the other side of the greate River from Pewter pott Brook att the lower side of Hocanno due east into the Countrey, w^h is nowe ordered accordingly. The boundes betweene Harteford & Windsor is agreed to be att the vpper end of the greate meadowe of the saide Harteford toward Windsor att the Pale that is nowe there sett vpp by the saide Hartefo# wii is abuttinge vppon the great River vppon a due east line & into the Countrey from the saide Pale vppon a due west line as paralell to the saide east line as farr as they have now paled & afterward the boundes to goe into the Coun- trey vppon the same west line. But it is to be soe much shorter towards Windsor as the place where the Girte that comes alonge att th' end of the saide meadowe & falls into the saide greate River is shorter then their Pale & over the saide greate *Riuer the saide Plantacon of Windsor is to come to the River- etts mouth that falls into the saide greate River of Conectecott and there the saide Harteford is to runn due east into the Coun- trey, w^h is ordered accordingly. It is ordered j^ noe yonge man yt is neither maried nor hath any servaunte, & be noe publicke officer, shall keepe howse by himself, w^^out consent of the Towne where he Hues first, had, vnder paine of 20s. p^ weeke. It is ordered y* noe M"^ of a Family shall giue habitacon or interteinment to any yonge man to soiourne in his family but by the allowance of the inhabitants of the saide Towne where he dwelles vnder the like penalty of 20s. p"" weeke. These 2 last orders to take effect the first of Aprill next. Att a Cort att Harteford, Mi"ch 28th, 1637. Mr. Ludlowe, Mr. Steele, Mr. Welles, Mr. Phelps, Mr. Swaine, Mr. Warde. It is ordered y* Mr. Frances Stiles shall teach Geo. Chappie, Tho : Coopr & Tho : Barber his servaunts in the trade of a Carpenter accordinge to his pi'mise for there s'^vice of their * [In margin] Tlie Riuefstt on the other side by the Indians is called Podanke. a OF CONNECTICUT. 9 terme behinde 4 dayes in a weeke onelie to sawe & slitt their owne worke that they are to frame themselves w^^ their owne hands togeather w^h himself or some other M^ workmen, the tyme to begin for the p^formance of this order 14 dayes hence wt^out faile. It is ordered y* every Juryman shall haue sixe pence for every accon that is given to them vppon evidence, to bee paide by him the Accon goes against. The first day of May, 1637, Gen'^all Corte att Harteford. Mr. Ludlowe, Mr. Wells, Mr. Swaine, Mr. Steele, Mr. Phelps, Mr. Warde. Comittees. — Mr. Why tinge, Mr. Webster, Mr. Willms, Mr. Hull, Mr. Chaplin, Mr. Talcott, Mr. Hosford, Mr. Mychell, Mr. Sherman. It is ordered that there shalbe an offensiue warr ag* the Pequoitt, and that there shalbe 90 men levied out of the 3 Plan-, tacons, Harteford, Weathersfeild & Windsor (vizt) out of Harteford 42, Windsor 30, Weathersfeild 18 : vnder the Com- ande of Captaine Jo : Mason & in Case of death or sicknes vnder the Coinand of Rob'te Seely Leif*, & the'ldest S^ieant or military officer survivinge, if both these miscary. It is ordered that Harteford shall send 14 Armour in this de- signe, Windsor 6. It is ordered that there shalbe \^^ of good beare for the Cap- taine 6t M"" & sick men, if there be only 3 or 4 gallons of stronge water, 2 gallons of sacke. It is ordered that Windsor shall p^uide 60 bushells of Come, Harteford 84 bushells, Weathersfeild 36 bushells, of this each plantacon to bake in biskett the on half if by any meanes they cann, the rest in grounde meale. Weathersfeild tenn bushells to bee allowed vppon Accompt. Harteford is to p^'uide 3 firkins of suett, 2 firkins of Butter, wth yt att Rivers mouth, 4 bushells of Oatemeale, 2 bushells of Pease, 500 of fish, 2 bushells of salt ; Weathersfeild 1 bushell of Indian Beanes ; Windsor 50 peeces of Porke, SO^^ of Rice, 4 Cheeses. 10 PUBLICRECORDS It is ordered that every souldier shall cary w^^ him I'b pouder, 4^^ of shott, 20 bulletts ; 1 barell of Powder from the Riuers mouth, [a light] Gunn if they cann. [It is ordered] y* Mr. Pincheons shallopp shalbe taken to be imployed [in this desi]gne. [5] June 2*^, 1637. A Generall Corte att Harteford. It is ordered yt there shalbe sent forth 30 men out of the seu^'all plantacons in this River of Conectecott to sett downe in the Pequoitt Countrey & River in place convenient to mayn- teine o^^ right y* God by Conquest hath given to vs, & Leiftenn* Seely shall haue the Comande of them. The men are to be raised 14 out of Harteford, tenn out of Windsor, 6 out of Wyth- eresfeild. It is ordered y* 60 bushells of Corne shal be p^uided for the designe aboues^, Windsor 20, Harteford 28, Wythersfeild 12, Ihh of Pease, 2 bushells of Oatemeale, 150 pounde of Beefe, sol'' of Butter, (vizt) Windsor 30, Wythersfeild 30, Harteford 20, fish. 26 June, 1637, Harteford GenJ'all Corte. It is ordered that 10 men more shalbe levied out of the plan- tacons aforesaide to goe in the designe ag* the Pequoitts as an adition to the form^" 30, (vizt) 5 out of Harteford, Windsor 3, Weathersfeild 2. It is ordered y* Mr. Haine & Mr. Ludlowe shall goe to the mouth of the River to treate & Conclude w^h o' frendes of the Bay either to joine w^h their forces in prsecutinge o' designe against o' enemies or if they see cause by aduise to interprise any Accon accordinge to the force we haue. And to parle w^^ the bay aboute o"^ settinge downe in the Pequoitt Countrey. It is ordered y* there shalbe 1 hogg p^vided att Wythers- feild for the designe in hande, W^^ is conceiued to be Nathan- iell Footes, 20ib of Butter, half C of Cheese; Harteford 201^ of Butter, half hundred of Cheese ; Windsor 1 Ram goate, 201'' of Butter, half C of Cheese, 1 gallon of stronge Water ; Harteford 1 C of beefe from Mr. Whittinge, Windsor 3 bushells of mault, ■2 from Wythersfeild, Mr. Wells 2. of connecticut. 11 Harteford. Generall Cort, Tuesday, Nov: 14^^, 1637. Mr. Haines, Mr. Ludlowe, Mr. Wells, Mr. Phelps, Mr. Swaine, Mr. Mychell, Mr. Hull, Mr. Whytinge, Capt : Mason, Mr. Warde, Goodman Smith, Goodma Bacon. It is ordered that every common souldier that went in the iate designe against o"" enemies the Pequoites shall have Is. 3d. p^ day for theire service at sixe dayes to the weeke, the Sergants 20d p'' day, the Leiftenant 205. p'' weeke, the Capt" 405. p^" weeke, any man that was publiquely imployed in the said service and dyet themselves shall have 2s. -p^ day ; and that the saide pay- ment shalbe for a moneth although in strictnes there was but three weekes and 3 dayes due ; such as did returne from the Forte and never went in the seruice to bee allowed but for 12 dayes. It is ordered that the pay in the second designe shalbe the same with the former, and the tyme a month as abouesayde. Harteford. 9° Febr. 1637. Mr. Haynes, Mr. Ludlowe, Mr. Wells, Mr. Plum, Mr. Mychell, Capt : Mason, pi'sent. Whereas vppon serious Consideracon wee conceiue that the plantacons in this River wilbe in some want of Indian Corne, And on the same Consideracon wee conceiue if every man may be at liberty to trucke with the Indians vppon the River where the supply of Corne in all likeliwood is to bee had to furnish c necessities, the market of Corne amonge the Indians may be greatly advanced to the preiudice of these plantacons, wee therefore thinke meete and doe soe order that noe man in this River nor Agawam shall goe vpp River amonge the Indians or at home at theire houses to trade for Corne or make any Con- tract or bargaine amonge them for corne either privately or publiquely vppon the paine of 5^. for every bushell that hee or they shall soe tr[ade] or contract for ; this order to endure vntill the next Generall Courte and vlP[till] the Courte take other order to the contrary, and at the saide generall Courte there wilbe a setled order in the thing. 12 PUBLICRECORDS It is ordered that there shalbe a prticular Courte on the first Tuesday of M[ay] at Harteford, and that then Mr. Olda busi- nesses and John Jesopps are to be handled, therefore the sev- erall Creditors are then to come and make their claime. It is ordered that Mr. Clement Chaplin shalbe Treasurer for this next yeare to Collect and gather such Rates as are now to [6] be levied in the seve[rall] || plantacons, and that there shalbe vnder Collectors to whom the said Mr. Treasurer may direct his Warrants in every plantacon, and that the said Treasurer may giue order to the said Collectors to pay the severall bills of theire plantacons and give it in Accompte to the said Mr. Treas- urer, and after the bills be paide to returne in the rest to the said Mr. Treasurer : the collectors are, for Harteford Willm Wadsworth, Windsor Henry Wolcott the elder, and Andrew Warde for Wethersfeild and John Bur for Agawam. It is ordered there shalbe forthwith a levey of sixe hundred and twenty poundes to be levied for to defray the charges of the late designes of warrthatis already past, Aggawam 86/. 16s, Windsor 158/. 2s, Harteford 251/. 2s, Wethersfeild 124/. The payment to be made either in monney, in Wampum at fower a penny, or in good and marchantable beaver at 9s. pr pounde. It is ordered that there shalbe generall notice giuen in all the plantacons that if there be any Arm'', gones, swordes, belts, Bandilers, kittles, pottes, tooles, or any thinges els that belonges to the commonwealth, that were lost, landed or leafte in any plantacons, they are to be delivered into the handes of the saide Constables of the said townes, and the said Constables to bring them to the next Courte at Harteford, and if after the said no- tice there be any thinges found in any mans house or custody, it concerning the said Commonwealth, they shalbe subiect to the sensure of the Courte for their* tenure or con- cealing. It is ordered y* the generall Courte now in being shalbe dis- solved and there is noe more attendance of the members thereof to be expected except they be newly chosen in the next gen^ erali Courte. ^ *This blank in the original. OF CONNECTICUT. 13 8to die Mn'i, 1637. A GenI'ALL Coi't HOULDEN ATT HaRTEFORD. Mr. Haines, Mr. Ludlowe, Mr. Pincheon, Mr. Welles, Mr. Plum, Mr. Phelpes, Mr. Mychell, Mr. Smith. Committees : Capt: Mason, Mr. Hopkins, Mr. Steele, Mr. Talkott, Mr. Webster, Mr. Hull, Mr. Ford, Tho: Mar- shall, Adr : Warde, Geo : Hubberd, Jo : Gibbes. Thurston Raynr absent. Thurston Raynor being chosen a Committee for the Towne of Wethersfeild being now absent is fined I5, to be forthwith paide. Whereas Mr. Pincheon was questioned aboute imprisoning an Indian at Aggawam, whipping an Indian and freeing of him, the Courte is willing to passe over Mr. Plumms failings against an Indian. It is ordered with the consent of Mr. Pincheon that thesaide Mr. Pyncheon will deliver att Harteford goods Marchantable Indian Corne att 5.s. p"" bushell as farr as 500 bushells will goe at, if hee can save by that, for the residue hee is to have 5s. 2d. p'' bushell, provided also that that proporcon that Windsor is to have shalbe landed there at Mr. Ludlowes, for that proporcon that Wethersfeild is to have they are to fetch it att Harteford. In consideracon whereof the is a restrainte of any to goe vpp the River to trade with the Indians for Corne ; as alsoe if any Indians bring downe any Corne to vs wee are not to exceede 45. pr bushell ; as alsoe in case of necessity that any family or fam- ilyes doe complaine of present necessities they are to repaire to 3 magistrates which may advise them for the supply, although it be to the dispensing with this order ; prouided alsoe that if the said Mr. Pincheon bee inforced to raise the price with the Indians of sixe sixes of Wampom a pecke then the plantacons are to increase the pay of 5s. p'' bushell, if he can abate any thing hee will sett of soe much of 5s. p^ bushell. The payment to be made in wampom at 3 a penny or marchantable beaver at Xs. pounde. 9° die. It is ordered that whosoever doth diseorderly speake privately during the sittinge of Courte with his Neibour or twoe 3 14 PUBLICRECORDS or 3 togeather, shall presently pay Is, if the Courte soe thinke meete. [7] It is ordered that Captaine Mason, Mr. Allen, Mr. Warde, shall go to Agawam and treate with the Indians of Waronocke concerning the tribute towards the charges of o^ warres, to the value of one Fatham of Wampom a man. Nawattocke a fatham and a quarter, Pacomtuckett one fatham and a quarter. It is ordered y^ Mr. Ludlowe, Mr. Hopkins, Mr. Michael] shall have power to deale with Elias Parkman aboute his ves- sel! to goe to the Narragansett to trade for Corne and they are likewise to take vpp such commodities as may freight the saide vessell to the end aforesaide, and doe therein what they shall see meete that may tend for the publique good in that way, and that the plantacons shall beare the chardge of the saide Freight and have the proceede of the Corne and trade accordinge to the proporcon of the last publique rate to the warrs, as alsoe of what comes from Agawam. It is ordered that noe Commissioners or other person shall binde, imprison or restraine, correct or whipp any Indian or Indians whatsoever in his owne case or in the case of any other, nor giue them any menacing or threatning speeches, exc[ept] it be in case any Indian or Indians shall assault or affront theire person or persons, or shall finde them either wast- ing, killing or spoiling any of theire goodes or estate, and he or they shall finde them soe doeing, and in that case if they refuse to come before a magistrate they may force them to goe and binde them if they refuse. But if any iniurie or trespasse be offered or done by any Indian or indians or their dogges, he or they are to complaine to some magistrate or magistrates, pro- vided alwaies that any twoe magistrats togeather may vppon any speciall occasion send for any Indian or Indians to come before them and if they see cause to restraine or imprison him or them and in case of refusall or contumacy or other extraor- dinary misdemeanor or occasion, to send force to apprehend or take him or them if they see cause. It is ordered that there shalbe fiftie Costlets provided in the plantacons, vid. Harteford 21 Costlets, Windsor 12, Weathers- feild 10, Agawam 7, which are to bee provided within 6 monthes at farthrest. And the saide Costlets are to be veiwed by the OF CONNECTICUT. 15 military officer that is provided for that purpose, and if he dis- allowe them as insufficient they are to p'uide better. And alsoe y* the saide Townes are to giue in the names of such as are to finde the saide Cosletts, att the next generall Courte, and then such as shall faile to provide by the day aforsaide shall forthwith pay 105. and five shillings a moneth vntill he hath sup- plied them ; and it shall alsoe be lawfuU for the saide military officer to call for the saide costeletts to vie we whether they [be] in repaire or noe. It is ordered that Captaine Mason shalbe a publique military officer of the plantacons of Conecticot, and shall traine the mil- itary men thereof in each plantacons according to thedayes ap- pointed, and shall have 40/. p'' annum, to be paid oute of the Treasury quarterly, the pay to begine from the day of the date hereof. This order to stand in force for a yeere and vntill the generall Courte take other order to the contrary. It is alsoe ordered that the saide Captaine Mason shall have liberty to traine the saide military men in every planlacon tenn sst>, Ikmii!'; llit- uiiIkm' iii!;r(>(>(l on lo lu' clioscii loY llnit tymo, that Uiww if\o:\iv^\ mihiM' of iKquM's vvi'ilhMi lor th<> shall 1)0 (loputyes lor tluit Courto ; wliosc^ iiiumcs shall Ih> «mi- dorsed on tho haoko si(l(> ol' lln' wafiaiil and ictiinuNJ into Ihf ('otirla, \v"' lht> Constahli"! or ( •onst.ahlos hand vnto tho saino. s. Ti is OrdiM'od, soiit(MU't»d and doerood. tluU Wyndsor, llart- loiil ami \\ t'lliiMsliold shall haui> powor, och Towno, to send Ibwov ol' ilioii- tV(-t>!U(Mi as (heir d(>imtyes to euery Genorall (\^urto ; and whalsooutM- other 'i'ownos shall bo horoaftor addod to this Jurisdiction, thoy shall s(>nd so nuiny (l(^i>nfy(>s as tho ('(»nrlt^ shall jud^o meeto, a rosonaMo ii'|u>riit>ii to th(> iiiiIum- i»i' l''roon\on that nro in tho said Tow nos hoino- to ho attoiulod thoroin ; \v'''> dopntytvs shall ha\ c th(> powor oi' tho \vhi>I(> 'Towno to i^iuo tlnMr voats and alowanco to all siioh la\M's and (>rdors as may ln^ lor lht> put'likc <\ooA. and unlo w •'' tho said 'IViwiK^s ni(* to ho hownd. \h It is ordorod and decrood, that tho dt^putyos thus ohoson shall hauo powor and liluM'ty to appoynt a. tynio and a place of »n(>otiui; toi;athor hof'oro any l<(>norall (^oiu'to to adniso and ctuisult of all such thinij;s as may concorno the good ol' thopnh- like, as also to examine^ thoir owno .l'iloctii>ns, whether accord- ing to tho order, and it' tht>y or tho protest p'to of them Ihul any (election to ho illoi;all they may sotdud su(di t'orp'sont l'rt^ thoir moothtu;. and nMiuiio the sanx^ and ihiMr ros(>ns to tht- Courto : anti it' yt provio trui', llu> I'onrti^ may lynt> tho p'ty ov j^'tyosso intruding ami tho Towno, if thoy sot* i'aust\ and giuo out a w arrant to go© to a now(> ^^loctioll in a lo!.!,all way, ether in p'to ov in wholtv .\ls(> tla* saiil »loputyt>s shall hauo ]U)Wor to l\ no any that shall ho disonlorly at thoir nu'otings, (>r for not otnuini; in due tymt> or place according to appoyninuMit ; and they may voturno tho said fyiu-s int(> \\\c Courfe it' yl he r(M'iis(>d \o ho paid, atid tho TrosuriM- ti> takt> nolioe ol' \ t, and to t>stit>ete or levy tho same as \\c doth olUcv t'ynes. 10. It is Onlorod. sontoncoil and tlocrood, that euery Cenorall C\)urto. oxcopt such as through nogkM'to o( tho (^ouMior and tho greatest p'to o\' Magostrats tho l''i\nMuen thoinsolvos tloo call, shall consist ot the ( JouiMiior. ov some oni> ohos(>n lo nunlor- ato tho (\unt. and l other Alagostrats at lost. \v"' tho n\ayor p'te of tho iloputyos oi' tho souorall Towuos legally chosen ; o V i; O N N K i' T I c n T . 80 ami in case tlui Freemen 'l(i<»f I'^rce- rnen ihaf aic ji'scnl. or Ihrir (|c|ni(\('s, \v"' a, IVJodcr.'ilor chosfii l)y thr ; III vv'' ,saJ(l (■'(•iiciall (loiirls shall eoiisisl llic sil|»icirir, power of the ( 'oiiioiiweltli, and (hey only shall haia^ |tovver lo make |{iw(!s nv re|ieale lli<\ togra,iiiit. leiiyes, londmill of l''ree- Uieii, dispose of lands viidispoHed of, to seuerall 'I'ownes or p^Noiis, and also shall liaiie powei' l,o callelher ('oiiileor Maj^es- trate or any oilier |)'son whatsoeuer inio i(iieslioii for any mis- ilemeaiiour, and may for just (lauses disphuie or dealc! otherwise accoidiiif^ to the rialure of (lu! olUjtice ; and also may deaKi in ;iiiy other matt(;r that coiKM^rns tluj ^ood of this eoiiioii welth, exceptc eleotion of Magcjstrals, w' '' shall he done hy the whoh- hoddy of I'^nterruiri. [2if7] In w'' (yoiirtci tlu; (•(MieriKmr or l\'l(»dera,t(»r shall liaiic power to order ihe ('oiirte to ;j;iiie lilMM'ty of speeli, and sileiiee vne,e,asona,hle :ind disorderly sjieaKe.injfs, to put all lliin|j;s lo voate, and in eas(; tin; vo;ite h(!e(|n;ill to haiK! tli(wastiii!j; voie.e. Ihit lion ol tli(!se (/oiirts shall he ;i(liorned ordissoliied vv"'oiit the coiiHtmt of the, maior p'te. of the (-onrt. 11. It is ord(!red, sentenced and deereiui, that when any Generall Courto vfipori the oeeatioriH of the Cornonwelth hau<^ agreed vpfiori any suiTie or soiiies of moiiy to Im; le,uy('d v|»j>ori the Heucrall Townes w'^'nn this .Jurisdiction, that a ('oiiiittee ho choflcn to sett out and appoynt w"^ Hhall he Ihe |»''[»ortion of cuery Towne to pay of the Haid leuy, [>''vided the- ( Joiiiittees he made vp of an efpiall nuher out of eacfi 'i'owne. 14''' January, Hi'.iH, the 11 Ordern ahouesaid aie voted. [21flJ TiiK Oa'i'ii ok 'imii: d'oiCNoii, for tiik [i'''hi;nt.] I H^. 111. heing now ch'tsiMi to hi; ( ion' nor w"'in this .luriH- dictioii, for the yeare cnsueinf^, and vntil a latw he chosen, doo swearo hy the greatc and drea(Jfiill name of tin; (jverlineing C»od, to pTriote the puhlicke good and peace of the same, ac- cording to tlu; hest of my skill ; as also will mayntayne aJI law- full jiriuiledges of this (>omonwea.lth ; aw also that all wholsome lawes that are or sliaJI hi; made hy lawfull authority here estab- 4 26 PUBLICRECORDS lished, be duly executed ; and will further the execution of Justice according to the rule of Gods word ; so helpe me God, in the name of the Lo : Jesus Christ. The Oath of a Magestrate, for the pfgENT. I, ^. w. being chosen a Magestrate wt^in this Jurisdiction for the yeare ensueing, doe sweare by the great and dreadfull name of the euerliueing God, to pi^mote the publike good and peace of the same, according to the best of my skill, and that I will mayntayne all the lawfull priuiledges thereof according to my vnderstanding, as also assist in the execution of all such wholsome lawes as are made or shall be made by lawfull author- ity heare established, and will further the execution of Justice for the tyme aforesaid according to the righteous rule of Gods word ; so helpe me God, etc. [215] The Oath of a Constable. I, l2l. 13., of 111, doe sweare by the greate and dreadfull name of the euerliueing God, that for the yeare ensueing, and vntill a new be chosen, I will faythfully execute the office and place of a Constable, for and wt^in the said plantacOn of W : and the lymitts thereof, and that I will endeuor to pi^searue the publike peace of the said place, and Comonwealth, and will doe my best endeauor to see all watches and wairds executed, and to obey and execute all lawfull comaunds or warrants that com fro any Magestrat or Magestrats or Courte, so helpe me God, in the Lo : Jesus Christ. [11] Ja : 14tii 1638. It is Ordered that the tresurer shall de- huer noe mony out of his hands to any p^son wt^out the hands of two Magistrats if the som be above 20s. ; if it be vnder then the tresurer is to accept of the hand of on ; but if it be for the payment of some bylls to be alowed, w^i are referred to some Comittes to consider of whether alowed or not. That such bylls as they alowe & sett there hands vnto the Tresurer shall accept. & give satisfacth. /I/CQ « {(jroyernor.) (J)ep. Goyernor.) "^^f^oiVedf^ "> 1 (J)€Vtities.J -—oJim^Gm^ --^/o^^Sf^^ u>. ^%„^^^. /%,^i^ Qj^^ft' y^^lMA 0/yn. d'^ & ci^4<,^ OFCONNECTICUT. 27 [23] [April 11th, 1539. At a Generall Meeting of the Freemen] for the Elec- tion OF Magistrates, according [to the]orders. Jno. Haynes Esq'., was chosen Governor for the y[eare ensueing] and vntill a new be chosen. Mr. Roger Ludlowe, Deputy. Mr. George WiHis, Mr. Edward Hopkins, Mr. Thomas Wells, Mr. Jn^. Webster, Mr. Wm. Phelps, were chosen to assist in the Magis[tracy] for the yeare ensueing, and all tooke the oathes app[ointed] for them. Mr. Edward Hopkins was chosen Secretary and [Mr. Thomas] Wells Tres'r. for the yeare ensueing.* Committees : Mr. Jno. Steele, Mr. Spencer, Jno. Pratt, Edw : Stebbing, [Mr.] Gaylard, [Henry] Woolcott, [Mr. S]toughton, [Mr.] Foard, Thurston Rayner, James Boosy, George Hubbard, Ric : Crabb. Elty Pomry of Windsor complayned that he had [a mare] taken away by the Pequatts, w^h after the warrs [ ] was killed by the Naanticke Indians ; he desir[ed] therefore the helpe of the Court to be releeved [and that] some order may be taken with them for restitucon. [The] Courte tooke the same into serious consideracon and [thinke] it according to their duty and good reason to p^tect [the] persons and estates of all the members of the Com[onwealth] soe farr as lyeth in their power in a way of Just[ice,] and accordingly p^mised as opportunity shall be off[ered] to deale with those Indians «bout it. The like was desired by Mr. Ludlow in regard of [ ] of his, and the like pi'mise made to him. The Court in regard of the state of the present ty[me] and the many occations that ly vppon men, thought f [itte to] referr the pniculars hereafter mentioned to a Co[mittee,] vizt. the * Pages 23-26 of the original are more mutilated and defaced than any other portion of the Volume. Thus far, on page [23] the words in brackets have been suppHed from a copy made in 1743, and attested by George Willys, Secretary, which is printed with the Proceedings in the Mason case, p. 148. 28 PUBLICRECORDS Treaty with Vncus concerning the land [ ] by him and other Indians between Hartford and W[indsor,] as also with Pequannocke Indians, who are now co[ ] to answere any letters sent from o*" neighbo^^^ of Q,[uinnipiac'] and to ripen orders formerly in agitacon against [the] next meeting of the Court : They are also des[ire^ to] putt Mr. Goodwin in mind of finishing the treaty [ ] of the Towne of Wethersfeeld with ^eq[uassen] concerning the land beyond the River : and [the] Governor, Mr. Deputy, Mr. Willis, Mr- Hopkins, Mr. [ ] Mr. Steele & Mr. Spencer were intreated to attend [the said] services. It is ordered that the watch be renewed in each [Towne, and] begin the second day of the next weeke. The Court was adiorned till the third T[hursday in[ ] [24] [Two or three lines are torn from the top of this page, which contains the record of a Particular Court.] Jno. Edmunds, Aaron Starke and Jno. Williams were cen- sured for vncleane practises as foll^. Jno. Williams [Edmunds ?] to be whipt att a Carts [tail] vppon a lecture day at Hartford. Jno. Williams to stand vppon the pillory from the ringing of the first bell to the end of the lecture, then to be whipt at a Carts [tail,] and to be whipt in like manner att Windsore within 8 dayes following. Aaron Starke to stand vppon the pillory and be whipt as Williams, and to haue the letter R burnt vppon his. cheeke, and in regard of the wrong done to Mary Holt to pay her parents 10/. and in defect of such to the Comonwealth,, and when both are fit for that condition, to marry her. It is the mind of the Court that Mr. Ludlow and Mr. Phelps see some publique punishment inflicted vppon the girle for con- cealing it soe long. Mr. Williams brings his action of trespasse aganst Matthew A-llen for 74 Rod of Corne destroyed through defect of his fence : Thomas Moore for 10 Rod, Mr. Woolcott for 60 Rod, Ann Marshall for 2 Rod, George Phelpes for 8 Rod, Jno. Porter for 70. The Jury find for the pl^S to pay for 224 rod of Corne OFOONNECTICUT. 29 spoyled, three pounds ; for keeping of the ground 20 dayes, 305; Costs 10s. [In 7nargin,] ^Mr. ] foreman, [Mr. SJkinner, [Mr.] Steele, ;Mr.] Smith, [Mr.] Moore, [Mr.] Weed, [Jeffe]ry Ferris, R]obins, [ S]cott, [ Pan]try, [ S]tanley, ] Birchard. Thomas Bull informed the Court that a muskett with 2 letters I W was taken vp att Pequannocke in pursuit of the Pequatts, wch was conceaved to be Jno. Woods who was killed att the Rivers mouth. It was ordered for the present [that] the musk- ett should be delivered to Jno. Woods freinds vntill other appeare. August the first, 1639. Jno, Bennett & Mary Holt were both censured to be whipt for vncleane practises, and the girles M"^ is inioyned to send her out of this Jurisdiction before the last of the next month. These following were censured & fined for vnseasonable and imoderate drinking att the pinnace. Thomas Come well, 305. Samuell Kittwell, 105. Jno. Latimer, 155. Thomas Vpson, 205. Mathew Beckwith, 105. Jno. Moody had an attachment graunted vppon the g[oods of Thomas] Gaines, in the hands of Mr. Stoughton, for a debt [of 5^^ weight of Tobacco.] [25] A Generall Court att Hartford, the 8"^ of Aug. 1639. < Jno. Haynes Esq*". Gov. Roger Ludlow, Dep'ty. Mr. WiUis, Mr. Wells, Mr. Webster, Mr. Hopkins, Mr. Phelpes. Comittees. Mr. Talcott, Mr. Spencer, [Jn]o. Pratt, Mr. Hull, Mr. Porter, Mr. Tappin, Mr. Ward, Geo. Hub- bard, James Boosy, Mr. Hill, Mr. Stoughton. The Constables of Hartford were fined 25. Qd, for not return- 4* 30 PUBLICRECORDS ing their warrants according to order, being much favoured in regard it was the first tyme and one of them sicke. Mr. Wells, Mr. Hill and Mr. Ward were intreated to auditt the last Tres'rs acco. The order of the 9° March, 1637, concerning powder and shott is renewed, and yf it be not provided by the severall Townes within 6 weeks, the penalty to be taken without any mitigacon. Whereas there was an order of the IS^h of Febr. 1638, for surveying the armor and other military provitions in each Towne once a quarter, w^h hath hitherto beene too much neg- lected, for the execution hereof Mr. Spencer was now chosen for Hartford, Mr. Hill for Windsor and James Boosy for Weth- ersfeeld, and they are to begin before the last of this month ; And in case any of these persons before chosen be negligent in this great trust comitted to him, he shall pay 205. for every de- fault ; and they are to make returne of such Wh they find de- fective, the nex Pi'ticular Court after each tyme of their view, and during the tyme of this service they are freed from watch- ing, warding and trayning. It is ordered that all the military men shall be trayned att least 6 dayes in the yeare ; the tymes are to be chosen att the discretion of the Capt., only the monthes of May, June and July are excepted vnles it be vppon spetiall occation. The Tresurers acc° being audited, the Country was found indebted to him 16/. 10s. 6d. Mr. Governo"^, Mr. Deputy and Mr. Wells, or any two of them, are intreated to goe to the Rivers mouth to consult with Mr. Fenwicke about a treaty of combinacon w^^^ is desi[red] againe to be on foott with the Bay. The occations of the Comonwealth being taken into consid- eracon, it was thought fitt and ordred that a Rate of lOOL. be made in these plantacons, and Mr. Talcott, Mr. Hull and Mr. Tapping are intreated to prportion it vppon the several planta- cons, to be payd in, the one halfe within [one] month and. the other within 3 monthes. The Court is adiorned till the 15 of this month. of connecticut. 31 [26] August the 15o, 1639. A Meeting of the Generall Court, w'^h was Adiourned UNTILL THIS DAY. Mr. Deputy declared that he with Mr. Wells and Mr. Hooker had repayred to Mr. Fennicke according to the direc- tion of the Court, whom they found every wayes sutable to their minds, and in pi^ticular for the present agitacon with the Bay he is willing the State here should p^ceed to a mutuall agree- ment for an offenciue and defenciue warr and all other offices of loue, but desires that matters of Bounds may be respitted vntill he vnderstand further the minds of the rest that are equally interested with him in the patent of the River. Vppon consideracon hereof, Mr. Governo"^ was intreated to write an answere to Mr. Winthropp that the Court is very ready and willing to entertaine a firme combinacon for a defenciue and offenciue warr, and all other mutuall offices of loue and friend- shipp, according to the propositions formerly agreed, w<=ii are the desires also of Mr. Fennicke with whom they haue con- sulted in the case. But the matter of bounds he desires may be a little respited vntill he haue opportunity to intimate his owne apprehensions, or some others who have equall interest with himselfe arriue in these Coasts, whom he hopes to see the next spring. M"". Tres"". had order to call in for all the fines due to the Cuntrey, and for such monyes as are due from the traders for Bevar. The manifold insolencyes that haue beene offered of late by the Indians, putt the Court in mind of that w^^ hath beene too long neglected, viz*, the execution of justice vppon the former murtherers of the English, and it was vppon serious con- sideracon and debate thought necessary and accordingly de- termined, that some speedy course be taken herein, and for effecting hereof it was concluded that 100 men be levyed and sent downe to Mattabesecke, where severall guilty persons re- side and haue beene harbored by Soheage, notwithstanding all meanes by way of persuation haue beene formerly used to him for surrendring them vpp into C handes ; and it is thought fit that these counsells be imparted to o*" friends att Quinnipi- 32 PUBLIC RECORDS [ocke] that prvition may be made for the safety of the new plantacons, and vppon their ioynt consent to p^ceede or desist. The 100/. rate was layd vppon the severall Townes in this pj'portion ; Hartford, 43Z. 00 00 Windsore, 28 06 8 Wethersfeild, 28 13 4 100 00 The Courte was adiorned to the 26 of this month. [27] August the 26°, 1639. Mr. Webster informed the Court that according to the deter- minacon of the last meeting, Mr. Deputy, Mr. Willis and him- selfe acquainted o'" freinds of Quinnipiocke with their purposes concerning the murtherers, and desired the concurrence of their apprehensions therein, who fully approving of the thing yett intimated their thoughts somewhat to differ from o'^ in the present execution of it, in regard of some new plantacons that are now beginning and some inconvenience w^h may fall vppon these parts of the Cuntrey by a noise of a new warr, w^h may hinder the coming of shipps the next yeare. Whereas divers of the Pequatts who were given to Vncus and Antinemo haue planted againe part of the land w<=h was conquered by us contrary to o"^ agreement with them, It was thought fitt and ordered, that 40 men be proportioned out of the severall plantacons and imediately sent away to gather the Corne there planted by them. The men are p^portioned for the severall Townes thus, Windsor, 13 Hartford, 17 Wethersfield, 10 40 It was referred to Mr. Governor, Mr. Willis, Mr. Phelps, Capt. Mason and Mr. Ward, to agitate this businesse and bring it to an issue with what speed may be, and they haue power to presse 20 armes, 2 shallopps and 2 Canowes, for this service. OFCONNECTICUT. 33 It was concluded that there be a publique day of thanksgiving in these plantacons vpponthe 18*^ of the next month. This Court is dissolved. Sept. the 5th, 1639. Jno. Haynes Esqr. Gov. Mr. Hopkins, Mr. Wells, Mr. Phelps, Mr. Webster. Richard Lyman complayneth against Sequassen for burning vpp his hedge Wh, before Mr. Governc, formerly he p^mised to satisfy for, but yett hath not done it. Sequassen appeared and pi'mised to pay vi^ithin 4 dayes, or elce an attachment to be graunted. Edward Hopkins comp*. in behalfe of Mr. Jno. Woodcocke, against Fr. Stiles, for breach of Covenants, in 500/. Mr. Stiles desires respite till the next Court in regard of wit- nes in the Bay : Graunted. Jno. Moody contra Blachford, for a fowling peece he bought and should have payd for it 40s. p^ bill of. The Jury find for the pi. 41 damages, costs 6s. Ric. Lord against Thomas Allen for 40s. debt. Mr. Allen appeared not. Mr. Spencer witnessed that he borrowed 40s. in the Bay, of Ric. Lord and pt'mised to repay it here. 2s. 6^. graunted for costs and an attachment vppon his goodes. Fr. Stiles contra Jno. Woodcocke in an action of debt for 2 hhds malt & a hhd of meale. [28] Samuel Ireland was fined IDs. for contempt of y^ Court in not appearing vppon a warrant served vppon him. Vppon his submission he payd 5s. & was acquitted. Thomas Gridley of Windsore was complayned of for refusing to watch, strong suspition of drunkennes, contempteous words against the orders of Court, quarrelling and striking Mr. Stiles his man : he was censured to be whipt att Hartford and bound to his good behavior. He entred a recognizance of 10/. for his good behaviour. 34 publicrecords October the 3^, 1639. Mr. Haynes, Mr. Ludlow, Mr. Willis, Mr. Wells, Mr. Webster, Mr. Phelpes, Mr. Hopkins. Edwa. Hopkins contra Fr. Stiles, in behalfe of Jno. Wood- cocke, in an accon for breach of Covenants. Covenants p'^du- ced. The Jury find that the deft, hath in his hands 80/. and 150/. for the purchase of the house, and for not taking in 400 acres of ground according to Bargaine, that Mr. Stiles should take the house backe againe and repay backe the 230/. v^^ith 70/. damages; costs 10s.* It is ordered that the souldiers for the last exploit shall be payd for 9 dayes, att 2s. p' day, the mony to be payd to the Constable of every Towne and he to deduct the cost of the provitions he pressed for them. Sept. the 10*1^, 1639. A Generall Court. Jno. Haynes, Esqr. Mr. WiUis, Mr. Hopkins, Mr. Wells, Mr. Webster, Mr. Phelpsi. Comittees : Mr. Steele, Mr. Talcott, Mr. Spencer, Jno. Pratt, Mr. Gaylord, Capt. Mason, Mr. Hill, Mr. Hull, Mr. Tapping, Mr. Ward, James Boosy, George Hub- "bard. The Constables of Windsor were fined 5s. for not returning the warrant of the Comittees that were chosen for that Towne. Mr. Deputy was fined 5s. for being absent. Mr. Hopkins, Mr. Wells, Mr. Steele and Mr. Spencer were intreated to ripen some orders that were left vnfinished the former Court, as about pJ'vition of settling of lands, testaments of the deceased, and recording spetiall passages of P^'vidence. The Court was adiorned vntill the second thursday in the next month, vnlesse spetiall occations occurr to call it sooner. * An imperfect record of this trial and verdict is made at the bottom of page [25.] OP CONNECTICUT. 35 [29] OcTOB"" THE lO^Ji, 1639. A Session of the Generall Court. Mr. Deputy informed the Court that he hath vnderstood since his returne, offence hathbeerie taken att some of hispi'ceedings in his late jorney to Pequannocke, and the parts thereabouts : he therefore desired to make knowne what had beene done by * him therein, w^h was this ; Att his coining downe to Quin- nipiocke the hand of the Lord was vppon him in taking away some of his Cattle, w^h prevented him in some of his purposes there for selling some of them : Afterwards att his coming to Pequannocke he found cause to alter his former thoughts of wintering his Cattle there, and vnderstanding that the begin- nings of a Plantacon beyond that was not caryed on according to the agrement made with those who were interessed in order- ing the same, and that by some things w^h appeared to him, his apprehensions were that some others intended to take vp the sayd place, who had not acquainted this Court with their pur- poses therein, w^h might preiudiciall to this Comon wealth, and knowing himselfe to be one of those to whom the disposal of that plantacon was comitted, he adventured to drive his Cattle thither, make provition for them there,t and submitts himselfe to the Court to judge whether he hath transgressed the Coinis- sion or nott. The Court taking the premises into consideracon, did vnani- mously conceaue that his p^ceedings could not be warranted by thf Comission, nor can he be excused of neglect of his duty, that he had not given notice to these plantacons of what he did, notwithstanding his allegations of the inconveniences w^ oth- erwise might have accrued ; yett that the thing may fully ap- peare as it is, and matters ordered in a comely maner. It is conceaued fitt that a Comittee be chosen to repaire thither and take a view of the aforesayd occations, and yf in their judgments both persons & things settled by him be soe as comfortably be confirmed, they may remayne as they are, or otherwise altered att their discretions ; and they are to report things how they find them, to the next Generall Court, that then a full issue may * [Margin] " Mr. Ludlow his Apology for taking vp Vncoa ;" t [Margin! "and to sett out himselfe and some others house lotts to build on there." 36 PUBLICRECORDS be given to the matter in hand, as things shall then appeare j and Mr. Governo'^ and Mr. Wells were intreated to attend this service, and they are desired to conferr with the planters att * Pequannocke, to give them the oath of fidelity, make such free as they see fitt, order them to send one or two deputyes to the two Generall Courts in September and Aprill, and for deciding of differences & controversies vnder 405, among them, to prpound to them & give them power to choose 7 men from among themselues, with liberty of appeale to the Court here ; as also to assigne Si'ieant Nicholls for the present to trayne the men and exercise them in military discipline ; and they are far- ther desired to speake with Mr. Prudden, and that Plan[tacon] that the difference betweene them and Pequannocke plantacon may be peaceably decided, and to this end that indifferent men may be chosen to iudge who have most right to the places in controversy and most nead of them, and accordingly determined as shall be most agreeable to equity and reason. [30] It is ordered that Mr. WilHs, Mr. Websf and Mr. Spen- cer shall review all former orders and lawes and record such of them as they conceave to be necessary for publique concerne- ment, and deliver them into the Secretaryes hands to be pub- lished to the severall Townes, and all other orders that they see cause to omitt to be suspended vntill the Court take further order. Mr. Fenwicke, Mr, Whiting, Mr, Hill and Mr, Ward are nominated by the Court to be presented to the vote of the Cuntrey for magistratts att the Court in April! next, prvidejfj Mr. Fenwicke and Mr. Whiting shall be freemen by that tyme. The Townes of Hartford, Windsore and Wethersfield, or any other of the Townes wi'thin this jurisdiction, shall each of them haue power to dispose of their owne lands vndisposed of, and all other coinodityes arysing out of their owne lymitts bounded out by the Court, the libertyes of the great River ex- cepted, as also to choose their owne officers, and make such orders as may be for the well ordering of their owne Townes, being not repugnant to any law here established, as also to im- pose penaltyes for the breach of the same, and to estreat and levy the same, and for non-payment to distrayne, and yf there * [In margin] " Gou'r & Mr. Wells. sent to Peq," OFCONNECTICUT. 37 be noe personall estate, to sue to the Court to sell his or their house or land, for making satisfaction, i Also each of the afore- sayd Townes shall haue power by a generall consent once every yeare to choose out 3, 5 or 7 of their cheefe Inhabitants, where- of one to be chosen moderator, who having taken an oath pro- uided in that case, shall haue a casting voice in case they be equall; w^h sayd pi^sons shall meett once in every 2 monthes & being mett together, or the maior part of ihem, whereof the moderator" to be one, they shall haue power to heare, end and determine all controversies, eyther trespasses or debts not ex- ceeding 40s. provided both partyes live in the same Towne ; also any two of them or the moderator may graunt out suinons to the party or partyes to come to their meetings to answere the actions ; also to administer oath to any witnesses for the clearing of the cause, and to giue judgment and execution against the party offending. But yf eyther party be grieved att the sentence, he shall haue liberty to appeale to a higher" Court, pi'vided it be before iudgment and execution be graunted. But yf it fall out there be noe ground for the appeale, the Court to confirme the iudgment and giue good costs, and fine or pun- ish the p^ty appealing. The Townes aforesayd shall each of them p^'vide a Ledger Booke, with an Index or alphabett vnto the same : Also shall choose one who shall be a Towne Clerke or Register, who shall before the Generall Court in Aprill next, record every man's house and land already graunted and measured out to him, with the bounds & quantity of the same, and whosoever shall neg- lect 3 monthes after notice given to bring into the sayd Towne [31] Clerke ||.or Register a note of his house and land, with the bounds and quantity of the same, by the nearest estimacon, shall forfeit 105. and soe 10s. a month for every month he shall soe neglect. The like to be done for all land hereafter graunted and measured to any ;* and all bargaines or morgages of land whatsoever shall be accounted of noe value vntill they be re- corded, for wch entry the Register shall receaue 6d. for every parcell, delivering every owner a coppy of the same vnder his hand, whereof 4c?. shall be for himselfe and 2d. for the Secretary of the Court. And the sayd Register shall, every Generall • [In margin ;] " Heere insert so mucli ye printed booke fol : 24 : from A : to B :" 5 38 PUBLICRECORDS Court, in Aprill and September, deliver into the same a tran- script fayrely written of fell such graunts, bargaines or ingage- ments recorded by him in the Towne Booke, and the Secre- tary of the Court shall record it in a booke fayrely written p'"vided for that purpose, and shall preserue the coppy brought in vnder the hand of the Towne Clerke. Also the sayd Towne Clerke shall haue for every serch of a parcell Id. and for every coppy of a parcell ijd ; and a coppy of the same vnder the hands of the sayd Register or Towne Clerke and two of the men chosen to governe the Towne, shall be a sufficient evidence to all that haue the same. After the death and decease of any person possessed of any estate, be it more or lesse, and who maketh a will in writing or by word of mouth, those men w'^h are appointed to order the afFayres of the Towne where any such person deceaseth, shall within one month after the same, at furthest, cause a true In- ventory to be taken of the sayd estate in writing, as also take a coppy of the sayd will or testament and enter it into a booke or keepe the coppy in safe custody, as also enter the names vppon record of the Children and Legatees of the Testator or deceased p'son, and the sayd orderers of the afFayres of the Towne are to see every such will and Inventory to be exhibited into the publique Court, within one quarter of a yeare, where the same is to be registered ; and the sayd orderers of the afFayres of the Towne shall doe their indeauour in seeing that the estate of the Testator be not wasted nor spoyled, but improved for the best advantage of the Children or Legatees of the Testator, accord- ing to the mind of the Testator, for their and euery of their use, by their and every of their allowance and approbacon. But when any p^son dyeth intestate, the sayd orderers of the afiayres of the Townes shall cause an Inventory to be taken, and then the publique Court may graunt the administracon of the goodes and Chattells to the next of kin, jointly or severally, and divide the estate to wiefe (yf any be,) children or kindred, as in equity they shall see see meet ; and yf noe kindred be found, the Court to administer for the publique good of the Comon, p^^vided there be an Inventory registered, that yf any of the kindred in future tyme appeare they may haue justice and equity done vnto them ; and all charges that the publique Court or the orderers OFCONNECTICUT. 39 of the afFayres of the Townes are att about the trust comitted to them, eyther for writing or otherwise, it is to be payd out of the estate. Within 20 dayes after the end of this Court, the Secretary shall provide a coppy of all the penall lawes or orders standing in force, and all other that are of generall concernement for [32] the II governement of the Comonwealth, and shall giue direction to the Constables of every Towne to publish the same within 4 dayes more, att some publique meeting in their severall Townes, and then shall cause the sayd lawes and orders to be written into a booke in their severall Townes, and kept for the use of the Towne, and soe for future tyme for all lawes or orders that are made as aforesayd, each session of the Generall Courts ; and once every yeare the Constables, in their severall Townes, shall read or cause to be read in some publique meet- ing all such lawes as then stand in force and are not repealed ; and the Secretary of the Court shall haue 12c?. for the coppy of the orders of each session of every generall Court, from each of the Townes. Also, the Secretary of the Court shall have xijd. for every ac- tion that is entred, to be payd by him that enters the action, and he that is cast in the suit to allow it in costs. Whatsoever member of the generall Court shall reveale any secrett w^i* the Court inioynes to be kept secrett, or shall make knowne to any p^son what any one member of the Court speaks concerning any p^son or businesse that may come into agita- con in the Court, shall forfeit for every such fault ten pounds, and be otherwise dealt withall, at the discretion of the Court. And the Secretary is to read this order att the beginning of every generall Court. For the better keeping in mind of those passages of Gods p«"vidence w^h haue beene remarkable since c first undertaking these plantacons, Mr. Deputy, Capt. Mason, Mr. Stone, Mr. Goodwine, Mr. Chapleyn, and George Hubberd, are desired to take the pains severally in their severall Townes and then ioyntly together, to gather vp the same, and deliver them into the generall Court in Aprill next, and yf it be iudged then fitt, they may be recorded ; and for future tymes whatsoever re- markable passages shall be, yf they be publique, the sayd partyes 40 PUBLICRECORDS are desired to deliver in the same to the generall Court. But yf any p^ticular p^son desires to bring in any thing, he shall bring it vnder the handes of two of the aforementioned pJ'tyes that it is true, and then present it to the general! Court, that yf it be there iudged requisite it may be recorded ; provided that any generall Court for the future may alter any of the partyes beforementioned or add to them as they shall iudge meet. The Court was dissolved. [33] NOVEMB' THE 7*^^, 1639. A PrTICULAR CoURT. Jno. Haynes Esq^., Mr. Wells, Mr. Webster, Mr. Phelps. Richard Gildersley contra Jacob Waterhouse, in an action of debt. Jury find for pl^. 14/. 185. Qd. Costs & damages Qs. Jacob Waterhouse contra Ric. Gildersleeue, in an action of debt. The Jury find for the pl^. For a hogg, 21. Os. Od. Damages, 1. 17. 4. Costs of suite, 0. 6. 0. 3. 17. 4. The Court adviseth vpon informacon given that the levying of Mr. Michell his fine be forborne vntill the next Generall Court. The Court admitteth the relict of Jno. Brundish of Wethers- field deceased to be Administratrix for the use of her and her children.* Dec. the 5th, 1639. A PrTicuLAR Court. Jno. Haynes Esqi"., Roger Ludlow, Mr. Hopkins, Mr. Willis, Mr. Wells, Mr. Webster, Mr. Phelps. Richard Westcoat contra Jno. Plum, in an action of tres- passe, to the value of 10/. The Jury find for the pK. 6 Bush- ells of Corne : costs of suit 12s. * An Inventory of the estate of John Brundish is recorded at page [70] I OF CONNECTICUT. 41 Jno. Plum contra Wm. Westcoat in an action of the case, not prforming the trust of a Covvkeeper, to his damage of 20/. The Jury find for the Deft.; costs 12s. January the 2^^, 1639. A PrTicuLAR Court. Wm. Clarke, servant to Jno. Crow, was fined 405. for misde- meanor in drinking, and corporall punishment was remitted vppon his p^mise of his care for the future to avoyd such occations. Execution was granted to Richard Westcoat. It was thought fitt and ordered that Frauncis Norton and Thomas Coleman shall haue power to call before them such as Mr. Plum shall suggest to them, to be (as he conceaues) joint offenders in the damage layd vppon his swine in the case of Ric. Westcoat, eyther in regard of any other Cattle that were knowne to be in the sayd Corne, or weaknesse of fence, or neglects in keeping shutt any gate or gates into the sayd Corne. and yf they can with the consent of the partyes, to divide the sayd damages layd vppon Mr. Plum. But yf they agree not, to returne their opinions concerning the same into the Court. [34] January the 16^^, 1639. A Generall Court. Jno. Haynes Esq""., Roger Ludlow Esq''., Mr. Willis, Mr. Hopkins, Mr. Webster, Mr. Welles, Mr. Phelpes. Comittees. Mr. Steele, Mr. Spencer, Mr. Talcott, Jno. Pratt, Mr. Hill, Mr. Hull, Mr. Gaylord, Mr. Stoughton, Mr. Ward, Thurston Rayner, James Boosy, Ric. Crabb. Mr. Governor" informed the Court that the occation of calling them together att this tyme was att the importunity of o'' neigh- hoi's of Wethersfeeld, who desired to haue some answere to their request concerning Vncoa, and therevppon he related that himselfe with Mr. Wells, according to the order of Court, went thither, and tooke a view of what had been done by Mr. Lud. low there, and vppon due consideracon of the same they haue thought fitt, vppon Mr. Ludlowes assenting to the tearmes pro- pounded by them, to confirme the same. 5* 42 PUBLIC BECORDS It is ordered both for the satisfaction of those of Hartford & Windsore, who formerly mooved the Court for some inlarge- ment of accommodacon, and also for o"" neighbor's of Wethers- feeld who desire a plantacon there, that Mr. Phelps, Mr. Hill, Thomas Scott, Wm. Gibons, Robert Rose and James Boosy, shall as soone as with any conveniency may be, view those parts by Vnxus Sepus W^h may be suitable for those purposes and make report of their doings to the Court wch is adiorned for that end to the 20^^ of Febr. att 10 of the clocke in the morning. Febr. the 20*1^ 1639. A session of the Generall Courte. Mr. Hull moved the Court in behalfe of Thomas Foard of Windsore, that in regard the workemen are much taken vp and imployed in making a bridge and meeting house with them, and his worke hendred of impaling in the ground w^h was graunted him by the Court for a hogg parke, that there may be graunted him a yeare longer tyme for the fencing it in ; w^h was vppon the reasons aforesayd condiscended to. O"' neighbors of Wethersfeeld, in regard the weather hath not hitherto suited for the viewing of Vnxus Sepos, and that a Gen- erall Court ere long will fall in course, intimated their willing, ness to deferr the issue of the busines vntill then ; onely it was conceaued fitt and ordered accordingly, that Mr. Wells, Capt. Mason and George Hubberd be added to the former Comittee, who are with their view to vnderstand the desires of o^" neigh- bC's of Wethersfeeld, and to consider of such bounds as they iudge fitt for them, and to returne their opinions to the Court. Mr. Deputy was intreated to consider of some orders concern- ing an inquiry into the death of any that happen eyther acci- dentally or by violence, and for disposing the estate of persons that dy intestate, and for ye power of the magistrate in inflict- ing corporall punishment, and present it to the next Court, as also what course may be best taken with any that shall buy or possesse lands within this Jurisdiction, that the publique good may be best promoted. The Court was dissolved. OF CONNECTICUT 43 [35] Febr. the 6*1', 1639. A PfTicuLAR Court, Jno. Haynes Esq"". Roger Ludlow Esqr., Mr. Willis, Mr. Hopkins, Mr. Welles, Mr. Webster, Mr. Phelpes. Jno. Porter was sworne a Constable for Windsore, Nathan- iell Eli for Hartford, Robert Rose for Wethersfeeld, for the yeare ensueing. Whereas there was graunted the first of August last an exe- cution to Roger Williams and others of Windsore, vppon the goodes of Mr. Mathew Allen, for 51. damages and costs, in a tryall of 12 men, w^h execution was served by the officer of the Court and goodes or Cattell sold for pi'formance of the same, and the remainder offered by the sayd officer to Mr. Allen, well he refused. The officer now brought fower pounds six shillings into the Court, w^h was delivered into the hands of Mr. Tres"". vntill further orders. Mr. Oldams estate being examined the account of it as it stands in this Jurisdiction is as followeth : Estate of Mr. Oldam deceased is debtor. To Mathew Marvine, To Richard Lord, To Wm. Lewis, To Edward Mason, To Jeffery Ferris, To Henry Browning, To Thomas Staunton, To Thomas Scott, To Mr. Chapleyn, To Mr. Pincheon, To Andrew Warner, To Edwa. Stebbing, To Mr. Talcott, To Mr. Jno. Haynes, To Mathew Allen, To Lieftenant Seely, To Edward Hopkins, & It was thought fit and ordered that this Acco be sent to the Bay, and yf a iust ace" be also returned from thence in a rea- £. s. d. 1, 6. 8. 5. 5. 0. 9. 12. 3. P' Contra is Creditr, 3, 3. 0. By Lieftenant Seely, £28. 15. 2. 3. 15. 0. By Jno. Chapman, £ 4. 15. 0. 11. 0. 0. By Ric. Lawes, £ 6. 4, 11, 03. 5. 0. By Mr, Chapleyne, £89, 15. 2. 00. 18. 0. By Thomas Allen, * £ 6, 16. 6. 146, 18. 0. , 022. 19. 9. £136. 6. 9. 009. 19. 0. _ 002. 13. 4. 021. 6. 3. Jan. the 6o, 1640. 002. 0. 0. W" Lewis abated out of his debt on 020, 15, 0. the other side 21. 16s., w'^'' h( s was to 010. 13. 0. allow for a hogg he bought Oldam. of Mr. !, 229. 00 0. 0504. 09. 3. 44 PUBLICRECORDS sonable ty me, an equal division may be made of the whole ; yf not, the estate here shall be divided among the Creditors here. Frauncis Norton and Thomas Coleman deliuered into the Court their apprehensions touching the case betweene Mr, Plum and Ric. Westcoatt, w^^ being taken into full considera- con by the Court, It was ordered that the iudgment by the jury shall stand, and execution to be graunted to Westcoatt ; but it is thought fitt that JefFery Ferris shall allow Mr. Plum two bushells of Corne, towards the damages layd vppon his swine, in regard his fence is found to be insufficient, and his Cowes were pi'ved to be in Westcoatts corne, and Mr. Chester is to allow Mr. Plum one bushell of Corne, in regard his bore was found to be in the sayd Corne as well as Mr. Plums. [36] And it was further ordered that JefFery Ferris, in regard he challenged the partyes interessed by the Court for searching out the sayd businesse, not to be indifferent men, and denyed to attend them according to the order of Court, shall pay as a fine to the Cuntrey 205.; and in regard he was one occationof much charge to Mr. Plum in bringing many witnesses this day, vppon his suggestion to the Court that they would not speake that that in the face of the Court w<=h they did before the Com- issioners, w^h was found otherwise, he was adiudged to pay lOs. to Mr. Plum towards his charges ; and Richard Westcoat, for misleading Jno. Whitmore, was fined 105. to the Cuntrey. March the 5^^, 1639. A P^'ticular Court. ^^ Jno. Haynes Esqi". Governor'. Roger Ludlow Esq''. Dep'ty. Mr. Hopkins, Mr. Wells, Mr. Webster, Mr. Phelpes. This present day there was returned into the Court by Mr. Gaylard, one of the overseers, a Coppy of the estate of the chil- dren of Thomas Newbery deceased, dated the lO^i^ of Febr. 1639, subscribed by Mr. Ludlow, Mr. Phelpes, Mr. Huett, Mr. Hill, George Hull and Wm. Hosford. Whereas a difference hath arisen betweene Mr. Smith and some others of Wethersfeeld, about the measure of some ground, OFCONNECTICUT. 45 w^h being long debated it was thought fitt that it be referred to some indifferent men to issue, and Mr. Wells and Mr. Webster are intreated by the Court, in the first and fittest season to goe downe to Wethersfeeld, and to settle the same as in equity and justice they shall see fitt, that peace and truth may be contin- ued. But it was iudged very equall and reasonable, in regard Mr. Smith in setting vp his posts p^ceeded in a legall and iust way, that he be not putt to the charge of taking vp and setting downe his posts againe : the rule that Mr. Wells and Mr. Web- ster are to goe by is one of the other 3 ranges of meadow, and they may call whom they thinke meet in Weathersfeeld to assist in the busines. Whereas there was an attachment graunted to Ric. Lord vppon the goodes of Thomas Allen, for 42s. Qd. debt and costs, the attachment was served and 6 cushions, 3 Barstable ruggs, 6 paire of Childrens shues, one paire of Boots, and an ould Cloakebagg were put into the hands of Thomas Staunton vntill the action be tryed, and further order taken therein. Mr. Deputy returned a recognisance into Court wherein James Northam was bound by nim for his appearance this day. But he came nott. [37] Aprill the 2^1, 1640. A PfTicuLAR Court. Jno. Haynes Esq^. Gov. Mr. Willis, Mr. Welles, Mr. Webster, Mr. Phelpes, Mr. Hopkins. Mary Brunson, now the wiefe of Nicolas Disborough, Jno. Olmested, Jonathan Rudd and Jno. Peerce were corrected for wanton dalliance and selfe pollution. This day Rachel Brundish of Weathersfield presented an In- ventory of her husbands estate,* w^h amounted (all debts being payd) to 90/. 5s. 4g?. and the house and land was rated at 130/. And it was thought fitt and ordered that the relict of the sayd Jno. Brundish shall haue to her owne use the 90/. 5. 4.; and the land with the house to be for the childrens portions, vizt. 30/. to the Sonne and 25/. a peece to each of the 4 daughters to be * Recorded at page [70.] 46 PUBLICRECORDS payd into the Court for their use when each of them come to the age of sixteene yeares and in the raeane tyme the widow to haue the use of the land for bringing vp the children. It was also ordered that yf the sayd Rachell doe thinke fitt to sell the house and land, she may haue liberty soe to doe, pro- vided before she make any sale thereof she giue suffitient secu- rity into ye Court for the payment of the childrens portions att the tymes prefixed A and for the due education of them ; and having soe done, she may make her best advantage of the sayd house and landes, provided also that yf any one or more of the children depart this life before they come to the age of 16 yeares, his or their portion is to be divided equally among those that survive. > These elected Magestrats. [39] Aprill the IXth. 1640. The Court of Election. Mr. Hopkins Esq^ Gouerr."" Mr. Haynes, Deputy, Mr. Wyllis, Mr. Ludlow, absent Mr. Welles, Mr. Phelps, Mr. Webster, Deputy es : Mr. Steele, Mr. Talcott, Mr. Spenser, Ed: Stebbing, W\\\^. Gaylard, Tho : Ford, Mr. Stoughton, Mr. Hull, Thurston Rayner, James Boosy, George Hub- berd. Rich : Crabbe. These were made Free : — These inhabitants of Wyndsor: Mr. Ephra: Huytte, Mr. Arther Willms, Michaell Tray, Richard Parsons, Tho : More, John More, Tho : Dyblie, Henry Clarke, Willin : Gylbert, Tho: Bassette, Elias Parkma. Hartford : Daniell Garrette, Robert Wade, Tho : Seldon. Mr. Parke at Wethersfyeld. It is Ordered that the Gouernor shall giue Mr. Ludloe his Oath, for the place of Magestracy. It is Ordered that yf any Indean be discouered by the Watch in the night wthin any of the Plantations of this Jurisdiction, or OFCONNECTICUT. 47 be found by the ward in the day breakeing open any house or offering any desp^ate assaulte, w^h may indaynger the life of any p^son, it shall be lawful! for the watch or ward in such case to shutte any such Indean or Indeans, if he or they shall not subiect theselues to the watch or ward. And that Tho : Steyn- ton shall, w^hin fowerteene dayes, giue notice of this Order to all the Chiefe Indeans who haue ordinary recourse to these Plantations. It is Ordered that the Towne of Wyndsor shall haue liberty, vntill the Generall Courte in September next, to bring in the Records of their lands. It is Ordered that Mr. Haynes, Mr. Ludloe & Mr. Welles shall setle the diuision of the bounds betwixt Paquanocke &. Uncowaye, by the 24*^ day of June next, according to their former Cornission : And also that they tender the Oath of Fidel- lity to the Inhabitants of the said Townes, and make such free as they shall aproue of Aprill the Xth. 1G40. Forasmuch as many stubborne & refractory Persons are often taken wt^in these libertyes, and no meet place yet p^pared for the detayneing & keepeing of such to their due & deserued punishement, It is therefore Ordered that there shall be a house of Correction built, of 24 foote long & 16 or 18 foote broad, wth a Celler, ether of wood or stonne, according as Mr. Tal- cotte, Ed : Stebing, Tho : Ford and James Boosy shall thinke meete, who are chosen by the Courte to lette out the worke, ap- poynt out the place & to order and directe whatsoeuer occa- tions and businesses that may fall out for the compleate finish- ing the said house, w^h is to be done by the next Courte, in Sep- tember. Forasmuch as many Persons intangle thmselues by rashe & inconsiderat Contracts for their future joyneing in Maridge Couenant, to the great troble and greife of theselues and their frynds ; for the avoyding whereof, It is Ordered, That whoso- euer intend to joyne themselues in Maridge Couenant shall cause that their purpose of Contracte to be published in some publike place & att some publike meeting in the seuerall 48 PUBLICRECORDS Townes where such persons dwell, at the lest, eight dayes be- fore they enter into such Contracte, whereby they ingadge [41] theselues ech to other; and that 1| they shall forbeare to joyne in Maridge Couenant at lest eight dayes after the said Contracte. And also the Magestrate who solemnizeth Mariedge betwixt any, shall cause a record to be entered in Courte of the day & yere thereof. It is Ordered, that Mr. Moody of Hartford, and Ensigne Stoughton of Wyndsor, shall be pi'ferred Liuetenants, and Mr. Rocester of Wyndsor shall be p^^ferred Ensigne, for the severall bands in the said Townes. It is Ordered, that the Liuetenants & Ensignes shall be freed fro watching & warding, and the Seargeant fro warding and halfe their watch. Aprill XI. 1640. It is Ordered, there shall be a Rate of a hundred pownd leuyed vppon the Country, w^h is to be proportioned by Mr. Tal- cott, Mr. Stoughton & James Boosy ; — who haue p'portioned the said Rate as followeth : Imprs, Hartford, 43/. 0. 0. Wyndsor, 28. 10. 0. Wethersfyeld, 28. 10. 0. Sum 100/, Mr. Steele is returned Recorder for the Towne of Hartford; and hath brought into the Courte 114 coppyes of the severall p^cells of land belonging to & conserneing 114 p^sons. Mr, Rocester is returned Recordor for the Towne of Wynd- sor. Mr. Michell is returned Recordor for the Towne of Wethers- fyeld, but he is found vncapable of the place, lying vnder cen- sure of the Courte, and he and the Towne who chose him to that place are to haue notice to apeare at the next adiourne- ment of the Courte. They are to haue liberty to bring in the Records of their lands vntill the Generall Courte in September nexte. The Courte adioyrned vntill the 2'^ Thursday in June, 1640. OFCONNECTICUT. 49 [42] The P»'ticuler Courte May the vii'ii, 1640. Mr. Ed : Hopkins Esqf. Gou^ Mr. Haynes, Deputy. Mr. Wyllis, Mr. Welles, Mr. Phelps, Mr. Webster. George Abbott of Wyndsor, searuant to* he is adiudged to pay fiue povvnd fyne for selling a pystoU & powder to the Indeans, and to be bound to his good behauior. He is to be disposed of by the Courte for further searvice, to his Master or some other as they shall judge meete, for his pay- ing the said fyne. Simon Hoyette and his family are to be freed fro watch & ward vntill there be further Order taken by the Courte. Andrew Bacon and John Barnard haue returned into the Courte a Inventory of the goods of Tho : Johnson decessed, to the some of 11/. 5s. lOd. At the request of Mr. Phelps, in the behalfe of Mr. Rocester, an attachment is graunted for the Constable of Wyndsor to dis- treyne & take into his custody 20 bush^. of Corne, of James Nortons of Quinipwucke, and that to keepe vntill the said James shall appeare at the Courte at Hartford and there an- swere what shall be laid to his chardge. Mr. John Shareman of Wethersfyeld is to be freed fro watching vntill the Courte take further Order. John Hopkins of Hartford is also freed fro watching vntill further Order be taken by the Courte. Whereas there was an Agreement betwixt the Inhabitants of Wethersfyeld and Liuetenant Seely that the differences betwixt them in sute for Lands, should be referred to Arbitriment by partyes betwixt them agreed vppon, vizt. Mr. Hooker &, Mr. Welles, and in case they two should differ, they were to chuse a third, for the issuing thereof, who did accordingly make choyce of Mr. Webster, the Court also consenting thereunto. It is now the App^hension of the Courte that the foresaid partyes shall stand to the award as yt is deliuered in by the said Mr. Web- ster, vizt. That the said Inhabitants of Wethersfyeld shall pay to the said Liuetenant, 150 bush^ of Corne, and this the Court adiudgeth to be paid by ech mans proportion through't the * This blank occurs in the original. 50 PUBLICRECORDS whole Meadowes. The said Liuetenant is also to be alowed 20s. for his chardges and delay of payment. [43] The PrTicuLER Court. June 4th, 1640. Mr. Ed : Hopkins Esq'. Gour, Mr. Haynes, Mr. Wyllis, Mr. Welles, Mr, Phelps, Mr. Webster, Ed : Veare of Wethersfyeld is fined Xs. for cursing & swere- ing, and also he is to sitt in the stocks at Wethersfyeld, two howers the next Trayneing day. Willia. Hill of Hartford, for buying a stolen peece of Mr. Plums man, and brekeing open the Coblers Hogshed & Packe, for boath these mysdemenors hes fyned fower pownds to the Country. Nicholas Olmsteed for his laciuious caridge & fowle mysde- menors at sundry tymes w^h Mary Brunson is adiudged to pay twenty pownd fyne to the Country, and to stand vppon the Pillery at Hartford the next lecture day dureing the time of the lecture. He is to be sett on, a lytle before the begining & to stay thereon a litle after the end. The foresaid Nicholas Olmsteed acknowledgeth hymself to be bound in a Recognizance of xxx/. to the Country, to repaire the foresaid next lecture day by nyne of the clocke to the Con- stable of Hartford, to submitt to the said judgment of the Courte. [44] A Generall Courte. June xi^h, 1640. Hartford. Mr. Ed : Hopkins Esq'-. Gou''. Mr. Haynes, Deputy. Mr. Wyllis, Mr. Welles, Mr. Phelps, Mr. Webster. Beputyes ;— Mr. Steele, Mr. Talcott, Ed : Stebing, Willm Gaylard, Mr. Stoughton, Mr. Hull, Thurston Raynor, James Boosy, Richard Crabbe. OF CONNECTICUT. 51 It is Ordered, that if any deputy shall be absent vppon such occation as the Gouerno'' for the tyme being shall approue of, or by the P^'uidence of God shall decease this life, wt^in the adioyrnement of any Courte, that yt shall be at the liberty of the Gou"" to send forth a warrent in such case, for supply there- of, vppon resonable warneing. It is Ordered, that the highway betwixt Hartford &, Wynd- sor, as yt was laste sette forth vppon the vpland, shall be made sufficiently passable, by ech Towne what lyeth wt^^nn their owne bownds, wti^in the space of on month, and there shall be liberty graunted to vse the highway through the meadowes vntill the said vpland highway be so sufficiently mended, for horse and drifte, as yt shall be aproued of by Mr. Plum, James Boosy, Henry Wolcotte & Tho : Scotte, and then the highway through the medowe to cease. Richard Gyldersly was conuented before the Courte for casteing out p^nitious speeches, tending to the detriment & dishonnor of this Comonwelth, and was fyned to pay to the Country forty shillings, and was bownd to his good behauior, in a Recognizance of 20/. to apeare at the next Generall Courte, to the w^h he submitted himselfe. Whei'eas the Dutch Catle are impounded for trespassing the Englishmens Corne, It is the iudgment of the Courte that the Dutchmen shall be made acquainted w^^ the trespasse, and satisfaction demaunded, the w^h if they refuse to pay, the Cat- tell are to be kepte in the pownd three dayes, and then to be prysed &; sold, and the trespasse to be satisfied, togather w'^ the chardge of impounding, keepeing & tending the said Catle dureing their custody. Yf Mr. Michell shall giue satisfaction to Mr. Chaplin in some publike meeting, as prte of his censure, by acknowledging his fault, in such forme and manner as he hath related to this Courte, It is referred to the p^ticuler Courte to continue or take off his former censure as they shall see cause. The said Mr. Michell, for vndertaking the office of Towne Clarke or Recordor, notw^^istanding his vncapablenes of such office by censure of Courte, he is fyned to pay to the Country twenty Nobles. That prte of the Towne of Wethersfyeld who chose the said 52 PUBLICRECORDS Mr. Michill to office, notw^'^standing the censure of Courte, are fyned to the Country five pownds. Its desired that Mr. Gouernor & Mr. Deputy should returne an answer to the laste letter sent fro the Dutch Gouernor. Mr, Gouernor, Mr. Deputy & Mr. Wyllis are desired to treate w^h the Ilandors & Vncuus, conserneing the Mohegins kylling the Indean w^h a peece, and to put yt to issue, if they can, or returne y t agayne to the Courte. Forasmuch as our lenity & gentlenes toward Inde ans hath made the growe bold & insolent, to enter into Englishemens howses, and vnadvisedly handle sowrds & peeces and other in- struments, many times to the hazard of the lymbs of Hues of Englishe or Indeans, and also to steale diuers goods out of such howses where they resorte ; for the pi'uenting of such mischeifs, yt is Ordered, that whatsoeu"" Indean shall hereafter medle w^^ or handle any Englishemans weapens of any sorte, ether in their howses or in the fyelds, they shall forfeit for euery such default halfe a fadom of wampu ; and if any hurt or || iniury [45] shall therevppon followe, to any p^sons life or lymbe (though accidentall) they shall pay life for life, lymbe for lymbe, wound for wound, and shall pay for the healeing such wounds & other damages ; and for any thing that they steale, to pay double, and suffer such further punishement as the Magestrats shall adiudge the. The Constable of any Towne may attach and areste any Indean that shall transgresse in any such kynd before mentioned, and bring the before some Magestrate, who- may execute the penalty of this Order vppon offendors in any kynd excepte life or lymbe ; and any p^son that seeth such de- faults may p^secute & shall haue halfe the forfeiture. June the 15*^, 1640. The Order concerneing Artificers & laborers for wages, is renewed dureing the pleasure of the Courte. The p^ticuler Courte is to conclude the conditions for the planting of Tunxis. And also to p^'secute the murtherers as they shall see cause» vppon consultation w^h the Bay and o"" neighbor Plantations aboute the sea coste. It is Ordered, that the Magestrats shall send for the Tribuit of the Indeans aboute Cuphege, Vncoway &c there aboute. OFCONNECTICUT. 53 It is Ordered, that in all appropriated ground, the owners thereof shall bound every p^ticular pfcell w^^ sufficient mere- stones, and so to p^searve & keepe them. It is Ordered, that Mr. Ludlowe, Mr. Hopkins & Mr. Blak- man shall survey & divyde and sett out the bownds betwixt the Plantations ofCuphege & Vncoway, p^vided if they cannot ac- cord, Mr. Welles at his next coming to those p'ts shall issue yt. It is Ordered, that whatp^'son or p^sons wthin this jurisdiction shall, after September, 1641,drinke any other Tobacco but such such as is or shalbe planted w^^in these libertyes, shall forfeit for every pownd so spent fiue shillings, except they haue license fro the Courte. Whereas by an Order the 14^^ of January, 1640, none is to be chosen a Magestrate but such as are p^^pounded in some generall Courte before, yet notw^^standing, as Cuphege & Vncoway are somewhat farre distant fro this Courte, and there is a necessity of the dispensation of justice in those Townes, therefore in the meane & vntill the next Generall Courte of Election, yt it thought meet & so ordered, that Mr. Willia Hopkins ofCuphege be a Corhissionr to joyne w^^ Mr. Ludlow in all Executions in their p^'ticuler Courte or otherwise, & is now sworne to that purpose. [46] Whereas by an Order the seaventh of December last, the difference betweene ]Mr. Allen & Wyndsor conserneing land purchased of Plymoth, was, by consent, referred to Mr. Haynes, Mr. Ludlowe, Mr. Hopkins, & Mr. Phelps, to end the same, & what is agreed on by the is to be yelded vnto on boath sides ; according to w^h Order & reference we who are mentioned in the saide Order haue seriously weighed all such arguments as haue bine tendred vnto vs on both syds, and we cannot see but Mr. Allen ought to be subiecte, for the said land & purchase, to the lawes & Orders and Jurisdiction of this Comonwelth, and by a necessary consequence, subject to that Plantation of Wyndsor, wherein the said land lies, & to all such resonable & lawfuU Orders as are agreed there for the publike good of the same, and in equall p^portion to beare his share in all rates there, soe as while he or his successors Hue elsewhere then he or they are to pay only according to his p^portion of land there, & p^fitte & benefitts thence ariseing, and such stocke as is resident or vsually imployed in & thereuppon. And o"" judgment for the 6* 54 PUBLICRECORDS pi'sent is, that the said Mr. Allen nor his successors should not be rated in any other place for that land and estate he hath there, as afores'd. It is intended that Mr. Allen haue notice giuen him, in conuenient tyme, of all such orders as doe or may concerne him, and that the orders, be such as ly w^^^in his compasse & power to accomplishe & p^forme in aresonable way. Dated the 4*^ of Ja : 1638, and subscribed by Jo : Haynes, Ro : Ludlowe, Ed : Hopkins, Will' Phelps. An Oath for Paqua' and the Plantations there. I %. 33. being by the P>"uidence of God an inhabitant wt^iin the Jurisdiction of Conectecotte, doe acknowledge myselfe to be subject to the gou^ment thereof, and doe sweare by the great and dreadfull name of the eui^liueing God to be true and faythfull vnto the same, and doe submitt boath my p^'son & estate thereunto, according to all the holsome lawes & orders that ether are or hereafter shall be there made by lawfull au- thority : And that I will nether plott nor practice any euell agaynst the same, nor consent to any that shall so doe, but will tymely discou"" the same to lawfull authority estabhshed there; and that I will mayntayne, as in duty I am bownd, the honor of the same & of the lawfull Magestrats thereof, promoteing the publike good thereof, whilst I shall so continue an Inhabitant there, and whensou'' I shall give my vote, suffrage or p^xy, being cauled thereunto, touching any matter w^^ conserns this Comonwelth, I will giue yt as in my conscience may conduce to the best good of the same, w^^out respect of pt'son or favor of any man; so helpe me God in the Lo: Jesus Christ. [48] July the 2'^, 1640. The P'tjculer Courts. Samuell Smith pl^ ag* Andrewe Waird. Richard Coker pi* agt John Cable. Richard Lord pi* agt Tho : Robinson. OPCONNECTICUT. 55 Ed : Hopkins Esquire, Gou''. Mr. Haynes, Mr, Wyllis, Mr. Welles, Mr. Phelps, Mr. Webster. The Jury : — Willia Whiting, Gent. Ju\, Robert Parke, John Edwards, Robert Abbott, John Notte, Bray Roces- ter, Richard Whithead, John Byssyll, Walter Fyler, Willia Wodsworth, Richard Lord, Gregory Wynter- ton, Ju\ John Haynes, Esquire, pi* ag* John Cockerryll defend* in an action of debt of xiij /. The Jury find for the plan*. The defend* is to pay damages xiij /. and costs of sute viij s. The Courte graunts the pi execution ag* the body or goods of the defend* for the foresaid damages and Costs. M"^. Mytchel hath this day returned into Court his acknowl- edgement to Mr. Chaplin, and for that, w*h other considera- tions, for former extraordinary chardges w<=^ he hath formerly borne for publike seruice at the Forte, the Court hath remitted his former censure. Nicholas Senthion, for not apeareing to witnesse agaynst Aron Starke, is fyned to pay fiue pqwnd to the Country. John Porter, one of the Constables of Wyndsor, is to keepe the said Aron Starke w*i^ locke and chaine and hold him to hard labour & course dyet vntill he be cauled to bring him forth vppon the next soinons. The said Aron being accused of [bestiality, confessed that he had committed the crime,] John Euens, for his contempte ag* the Townsmen, is fyned xs. Andrewe Bacon and John Barnard an appoynted to sell the goods of the Cobler* deceased, formerly taken by Inventory given into Courte by the said partyes. It is Ordered, that whosoeuer enters any action in the Court, the Plan*, shall pay the costs of Court, though the action be not tryed, and the Jury to haue their pj'ts. George Wolcott acknowledge himselfe to be bownd in a Recognizance of ten pownd that his brother Henry Wolcott shall p^secut an action of the case & bring it to tryall ag* * Thomas Johnson. See account of sales, p. [75]. 56 PUBLICRECORDS Church of Hartford, for impownding the hoggs of Henry Wolcott his father, and will subiect to the issue thereof as yt shall be adiudged the next Court holden at Hartford. Thos : Welles. [49] Henry Wolcotte pi* agaynst Church defend*, in in an action of the case, wherein the said Henry complaynes agt the said Church for takeing into his custody & de- teyneing thirty swyne of Henry Wolcotts the elder, father to the said Henry, to the damage of Willia Whiting Gent"^. pi*, ag*. Jasp^ Rowlins deffend*. in an action of debt 20s. debt. Leonard Chester pl^^. ag* John Edwards, Nathaniell Foote, defend* in an action of trespas, for brech of order, to the damage of 4 1. Saqueston testifies in Court that he neu' sould any grownd to the Dutch, nether was at any tyme conquered by the Pe- quoyts, nor paid any trybuit to the. And when he sometymes liued at Mattanag and hard by his fryends that Jiued here, that he and his men came & fought w^ii the. Whereas there was an Order of Court made foF the vewing of the hie waie leading fro Hartford to Wyndsor, amongst others, there was appoynted James Boosy and John Plum, who haue, according to direction of Court, vewed the same ; and that pi'te w^h was shewed vs by Tho : Scott, w<=h lyeth be- tweene Hartford Towne and the lyne w^h deuid betweene yt and Wyndsor, we find to be mended sufficiently, so as men may both ryde and goe one foote, and make drifte of Cattle, com- fortablie : but that parte in Wyndsor bound was nothing done when wee vewed yt, w^^^ was about the seauententh of July, 1640. The Coppy. Jo : Plum, Ja : Boosy. [50] September the 4*^, 1640. Henry Packs (?) his Wyll. It is my Will to bestow vppon the Church the Clocke that Brother Thorneton had bought, to Mr. Wichfyeld my best Coate and whoight (?) Cappe, to Mr. my best dublets. OFCONNECTICUT. 57 Ed : Masons Inuentory. A true Inuentory of the goods and Chattells of Edward Mason of Wethersfyeld, late deceased, viz*. Impr^ The Cloathes of the said Edward, Ite, in Halle, brasse, Pewter etc. Ite, in the parlour, a fetherbed, w^^ chests, lynens and other things, Ite, in the Celler, Ite, Enghshe Corne, w^^h Indean Old and New, Ite, in the Chamber, a fetherbedde w^h others, Ite, twenty sixe borrowe hoggs, stores & sowes, Ite, 3 Ewes, one Ewe kydd, 2 weathers, Ite, Tooles & all other Implyments belonging to the trade of the said Edward. Valued p^ Soin totalis 121. L 00 Willia Swayne, George Hubberd, Test Leo : Chester. £ s d 4 7 16 13 2 41 9 10 31 8 h 15 [51] Oath for the Jury. r You shall swere that you %. B. shall duly try the cause or causes now giuen you in chardge, betweene the pi* & def or pits ^ defendts, according to yo"" euidence giuen in Courte, and accordingly a true verdict giue ; yo"" owne counsell & yo'^ fellowes you shall duly keepe ; you shall speake nothing to any one, of the busines & matters in hand, but amongst yofselues^ nor shall you suffer any to speake vnto you about the same, but in Court : when you are agreed of any verdicte you shall keep yt secret till you deliuer yt vp in Court : so helpe you God. September the X^^i, 1640. It is Ordered, that Ed : Hopkins Esq^. now Gouernour, shall haue the benefitte and liberty of free trade at Waranocoe & att any place thereabout, vppe the Riuer, and all other to be re- streyned for the terme of seauen yeres, and the land to be pur- chased for the Comonwelth, 58 PUBLICRECORDS [56] The Generall Court, February the viijtb, 1640. Edward Hopkins Esq^ Gour^. John Heynes Esq^ Dep^y. Mr. Wyllis, Mr. Welles, Mr. Phelps, Mr. Webster. Deputy es : — Mr. Steele, Mr. Talcott, John Pratt, Ed: Stebbing, Samuell Smith, George Hubbert, James Boosy, Richard Crabb, Captain Mason, Mr. Hill, Mr. Hull, Wiir Gaylord. Forasmuch as Sequin hath so long delayed in making satis- faction for the mare that was killed by his Indeans, the Court thinks meet that a p^mptory answer be required of him, and in case full satisfaction be not therevppon giuen, that pi^sent in- telligence shall be giuen to Quinipiouck & o"^ neighbour Plant- ations, that we shall accoumpte of him as o^" enimy, in regard of that affornt & many other insolent caridges of his, and shall speedily right Cselues of him. The Gouernour & Mr- Deputy are desired by the Court to agitate & issue the whole busines. Forasmuch as the Court, takeing into consideration the p^sent condition of these Plantations, doe find a great expence yerely to be laid out to fetch in supply fro other pi"ts in such comodityes as are of necessary vse, and not knowing how this Comonwelth can be long supported vnlesse some staple Comod- ity be raysed amongst o^selues W^^ may in some sort answer and defray the chardge, — haue therefore thought requisite that all incouridgement be giuen for the full imployment of men & cattle for the improuement of such ground as the Country af- fords for English grayne where yt may be raysed yv^^ lest chardge ; for the speedy furthering thereof liberty is graunted to all such persons w^hin these Plantations as stand disposed to imploy theselues or their estats in husbandry as aforesaid, to find out any sutable grownd w^hin these libertyes yet vnpossest, where the said Englishe grayne may be soonest raysed, and haue graunted to ech Teeme a hundred acres of plowing grownd and twenty acres of meadow, p'vided they improue twenty acres the first yere, w^h is to be accoumpted fro the date of these pt'sents, & eighty acres the second yeare, and the whole hundred the third yeare. And for the orderly p>"ceeding therein, OFCONNECTICUT. 59 the Court hath desiered the Wor^^ Edward Hopkins Esq"". Gou"", Mr. Deputy & Mr. WiUis to appoynt and sett forth the forme and order how ech mans pi^portion shall be laid out, togather wth a competent quantity of vpland to the same, and to alowe to the owner of ech Teeme a competent lott for a workman w^h may be helpfuU to manadge the busines and carry on the worke ; as also to admit inhabitants (if any place so found out shall be iudged meete for a plantatio) and to sett out their bownds ; and those pi'sons who first giue in their names to the Comittee, to vndertake the worke and attend to haue their diuisions sett forth, shall be first searued in order as they com, next after the Coinittee haue made choyce for theselues : But if any p^son so vndertakeing the manadgeing of a hundred acres, or a lesse pi^portion, vppon the terms before mentioned, shall neglect to p'forme the conditions before specified, or be vnable to accom- plish the same, the Court hath researued power to dispossesse him or the of the grovvnd, giueing such resonable satisfaction for the chardge bestowed thereuppon as the said Court shall judge meete. And if any p^son or p^sons tendreing theselues to vndertake the manadgeing of 100 acres as aforesaid shall be iudged by the Comittee vnable or vnmeet for the worke, not likely to pfforme the conditions in so great a quantity, they may ether refuse to admitt such or alowe a lesser p^portion to them. It is also Ordered, that what stocke shall be remoued to any such place, shall be levied to the Towne fro whence yt came, as if yt were resident there ; And the chardge disbursed for makeing wayes or any comon benefitt to such place, shall be paid by the land w^^in the said liberty, as yt shall be taken vppe [57] and possest. || But when such Place shall becom a Plan- tation & be at chardge to mayntayne Officers w^'un theselues, then other considerations may be had by the Courte. Whereas yt is thought necessary for the comfortable support of these plantations, that a trade of Cotten wool! be sett vppon and attempted, for the furthering whereof yt hath pleased the Gouernof, that now is, to vndertake the furnisheins; and settino; forth a vessell, w^h convenient speed, to those parts where the said comodity is to be had yf yt proue phesable : In considera- tion whereof, as also fro the considerations in the former order 60 PUBLICRECORDS specified, It is ordered by the Authority aforesaid, that vppon the Returne of the said vessel!, the Plantations by p'portion shall take ofFe the said Gotten, at such valuable consideration as yt may be afforded, according as chardge shall aryse and acreue thereuppon ; the pay for the said Gotten wooll to be made in Englishe Gorne or Pype-staues as the Gountry shall afford : The p^portions to be diuiyded and laid vppon the seu- erall Townes are according to the diuision of the last Gountry Rate. And for the better pi'searuing of Tymber, that the Country may haue p''visions of Pypestaues for the furthering the said trade of Gotten wooll, It is Ordered that no Tymber shall be felled fro w^^^out the bownds of these Plantations, wt^out lycence fro the pJ'ticuler Gourte, nor any Pipestaues to be sould out of the Riuer w^i^out alowance fro the said Gourte, nor transported into foraigne p^'ts vntill they be vewed (by such Gofaittee as the said Gourt shall appoynt) and appi'ued by such to be vendable, boath for the goodnes of the Tymber, and due p''portion & size thereof The p^ticuler Gourt also is desiered to take order for the veweing of Pequot Gountry and disposeing of the Tymber there, as also to settle Inhabitants in those p'ts yf they see cause, so far as yt may be acted w^^out chardge to the Gountry. For the p^uenting of differenses that may arise betwixt the Plantations fro trespasses by Gattle wch are ofte necessitated, by reson of their bordering on ag^ another. It is Ordered, that Nathaniell Waird, Andrewe Warner, Mr. Plum, Robert Rose, Mr. Porter & Tho : Ford, shall take into their serious consid- erations how the grownd belonging to the seuerall Plantations may be best impi'ued, so as to sute ech others conuenience, whereby their Gorne may be p^serued and their Gattle keepte w^ii lest chardge of fencing or herding, as may most conduce to the coinon good, and deliuer in their appi'hentions to the next Generall Gourt. Whereas yt is obsearued that many skins and felts of Gowes & goats, through want of p^uident p'"searueing and seasonable bringing forth to dressing, suffer great losse. It is Ordered, that whatsoeu'" skins are or shall be in any mans hands w^iun these libertyes shall be carefully pi^searued and seasonably brought in OFCONNECTICUT. 61 to such as improue the, vnder such penalty as the Court shall inflict vppon the neglect thereof, and that care be taken in fleeing the skins, the neglect whereof occasioneth great losse. [58] Whereas yt is obserued as experience hath made appeare, that much grownd w^'Mn these libertyes may be well improued in hempe & flaxe, and that we myght in tyme haue supply of lynnen cloath amongst oi'selues, and for the more speedy pi'cur- ing of hempseed, It is Ordered, that euery p»"ticuler family w^^iin these Plantations, shall p^cure & plant this p'sent yeare at lest on spoonefuU of Englishe hempseed, in some frutfull soyle, at lest a foote distant betwixt eu"" seed, and the same so planted shall pi'searue and keepe in husbanly manner for supply of seed for another yeare. It is also Ordered, that the second yeare, euery family that keeps a Teeme, though not aboue two or three drafte Cattle, shall sowe the second yeare at lest on rood of hempe or flaxe, and eu"" pi'son that keeps any Cattle, namely, cowes, heifgrs or steers, shall sowe 20 pi'ches, & eu'' family, though he keepe no Cattle, shall sowe tenn pi'ches, and ech p^ticuler of the foresaid families shall in husbandly sorte p^searue & tend their seuerall prportions, or in default thereof are to vndergoe the censure of the Courte. It is further Ordered, that eu"" pUiculer family wt^in these plantations shall also p^vide this pi'sent yeere, at lest halfe a pownd of hemp or flaxe. It is Ordered, that Country Rates yet behind vnpayd, shall be accepted by Mr. Tresurer in marchandable Indean Corne at three shillings the bushi; It is also Ordered, that whatsoeu"" debts shall be made wt^iin the libertyes of these Plantations, after the pubhshing of this Order, ether by labour of men or cattle or contract for comod- ityes, yt shall be lawfull for the buyer or hierer to pay it in mar- chantable Indean corne at three shillings fower pence the bush^: It is Ordered, that the late Order conserneing Wampu at sixe a penny shalbe dissolued, and the former of fower a penny and two pence to be paid in the shilling shall be established. The Order for the regulating of worke and wages is dis- solued. 7 62 PUBLICRECORDS It is ordered that Mr. Heynes, Mr. Wells and Captain Mason shall goe downe to Paquanucke, to settle the bownds betwixt them and the Plantations on boath sids them, according as they judge equall, as also to heare and determin the difference be- twixt the inhabitants of Cuphege amongst theselues. They also, w^ii Mr. Ludlow, are to require the Tribuit of the Indeans' about those p'ts, that is behind vnpaid, due by articles formerly agreed vppon, as also to inquire out the p'ticuler Indeans that are vnder ingadgement, w^^ the lymitts of the grownd formerly belonging to them, and vppon refusall to pi'ceed w^^ the as they shall see cause. Mr. Willia Whiting of Hartford & Frances Styles of Wind- sor are admitted freemen. Mr. Whiting & Mr. Allen of Hartford and Mr. Hill of Wind- sor are nominated to stand in election for magistrats the next Courte. Vppon the heareing of Mr. Robert Saltingstons petition, the Court hath graunted that the Gouernour, Mr. Deputy, Mr. Willis & Mr. Welles shall heare and determin the p^ticulers therein mentioned, p'vided the Towne of Windsor consent thereunto, vnto w^h reference the s^ Mr. Saltingston hath agreed. Arther Smiths sallery is to cesse after three months fro this prsent tyme. It is Ordered, that the deputyes wh^^ searue at any Generall Court shall be freed fro watch, ward & trayneing, vntill the next Court following that wherein they searued. Mr. Webster and Mr. Phelps are desiered to consult w^h the Elders of boath Plantations to p^pare instructions agt the next Court for the punisheing of the sin of lying w^h begins to be practised by many p^sons in this Comonwelth. [73] The Oath of a Freeman, I, ^. B. being by the P'uidence of God an Inhabitant w^Mn the Jurisdiction of Conectecott, doe acknowledge myselfe to be subiecte to the Gouerment thereof, and doe sweare by the great and fearefuU name of the euerliueing God, to be true and fayth- OFCONNECTICUT. 63 full vnto the same, and doe submitt boath my p^son and estate thereunto, according to all the holsome lawes and orders that there are, or hereafter shall be there made, and established by lawfuU authority, and that I will nether plott nor practice any euell agt the same, nor consent to any that shall so doe, but will tymely discouer the same to lawfull authority there estab- lished ; and that I will, as I am in duty bownd, mayntayne the honner of the same and of the lawfull magestratts thereof, p'moting the publike good of yt, whilst I shall soe continue an Inhabitant there ; and whensoeu"" I shall giue my voate or suf- frage touching any matter w^h conserns this Coinon welth be- ing cauled thereunto, will give yt as in my conscience I shall judge, may conduce to the best good of the same, wt^^out res- pect of p^'sons or favor of any man. Soe helpe me God in C Lord Jesus Christe. Aprill the xth, 1640. Aprill the 10*^, 1640. Its the aprehensions of the Courte that by the meadow vnde- uided wth apportion of vpland, mentioned in the agreement be- twixt the 34 men & the Towne & Church in Wethersfield, is vnderstood all the meadowing w^^in the bownds of Wethers- field on this side the Riuer yet vndeuided, w^h apportion of vpland on this side & the other side the Riuer ; And that the said 34 men haue an equall right or p^portion vnto the resdue of the vpland vndevided, w^^ the Church and the resdue of the Towne, ether in comon w^h the or in any other kynd, according as yt shall be Ordered by the three men chosen on ech side, or in case they differ, by the the said sixe men and a seventh man taken into the, according to the agreement before the Assembly, p^uided this hinders not the nyne men fro acting according to the agreement by the Counsell in deuisions that are in hand. There is 15 acres for Mr. Deynton and a frynd of his, to be sett out by the foresaid sixe men, wth two howse lotts and pi'portion of vpland thereunto belonging. 64 PUBLICRECORDS [74] The Gener^i Court, Aprill the ix^^, 1641. John Heynes Esq'. Goueri". George Willis Esq"". Deputy. Magistr' : — Ed: Hopkins Esq)", Rodger Ludlow Esq^ absent; Mr. Will: Hopkins, absent; Mr. Phelps, Mr. Web- ster, Mr. Whiting, Tresurer, Mr. Welles, Secretary. Deputy es: — Mr. Steele, Mr. Taylcoate, Ed: Stebbing, Capten Mason, Mr. Hull, Mr. Gaylor, George Hubberd, Samuell Smith, Richard Crab, James Boosy; John Pratt, absent ; Tho : Ford, absent. For the better pi'searuing of Corne and meadow on the east side of the Create River, yt is Ordered, that there shall no hoggs or swyne of any sorte be put ouer thither or keepte there at any tyme after the publishing this Order, wt^in the tearme of on yeare, and all those that are now at this pi"sent on that side, are to be remoued thence w^'^in on weeke after the publisheing hereof, vnder the penalty of fine shillings vppon euery hogge for euery weeke that any such remayne there. Notwthstanding the late Order conserneing the restraynt of excesse in apparrell, yet diuers pi^sons of seuerall ranks are ob- searued still to exceede therein : It is therefore Ordered that the Constables of euery Towne wt^^in these libertyes, shall obsearue and take notice of any p^ticuler p'son or p^sons w^hin their seuerall lymitts, and all such as they judge to exceede their condition and ranks therein, they shall p^sent and warne to ap- peare at the p^'ticuler Courte ; as also the said Constables are to p''sent to the said Courte all such p'"sons who sell their comodi- tyes at excessive rats ; And the said Courte hath power to cen- sure any disorder in the p^ticulers before mentioned. Whereas yt was Ordered that euery family should plant a spoonefull of hempe seed, at a foote distant euery seed : vppon complaint that the said hempseed cannot be p^cured, It's Or- dered, that such p^sons who haue aboue the quantyty of a spoonefull, and deny to sell to others that are vnprouided, they shall plant so many spoonefulls themselues, according to the said Order, as they deny to sell to others that want and desire to buy yt of the at a resonable rate. Yppon Mr. Wyntrops motion to the Courte for Fyshers Hand, It is the mynd of the Courte, that so farre as yt hinders s I 1 ^ 1 i ^-^il XJ^^ OF CONNECTICUT. 65 not the publike good of the Country, ether for fortifieing for defence, or setting vppe a trade of fisheing or salt &, such like, he shall haue liberty to p^ceed therein. Its Ordered, that the Plantations shall alow tenn pownd to the Gouernour and others that vndertake w^** him to send sixe men to abyde in Mohegin country for to plant corne, neere Vncoas, for the incouridgement of his men to stay w*^ him, the wch sixe men are to remayne in the said Parts to the end of their haruest. Rich : Gyldersly his fyne of 40s. is to be forborne vntill the Generall Court in September. [76] A Generall Courte the vii^h of June, 1641. Forasmuch as the Court haueing lately declared their app""- hensions to the Country conserneing the excesse in wages amongst all sorts of Artifficers and workemen, hopeing thereby men would haue bine a law vnto theselues, but finding litle reformation therein. The said Court hath therefore Ordered, that sufficient able Carpenters, Plow writs, Wheelewrits, Ma- sons, Joyners, Smithes and Coopers, shall not take aboue 206?. for a dayes worke fro the x^h of March to the xit^ of October, nor aboue 18^. a day for the other p^te of the yeare, and to worke xi howers in the day the sumer tyme, besids that w^^^ is spent in eateing or sleeping, and ix howers in the wynter : also, mowers, for the tyme of mowing shall not take aboue xxd. for a dayes worke. It is Ordered, also, that all other Artificers, or handicrofts men and cheife laborers shall not take aboue xviijfZ. a day for the first halfe yeare as aforesaid, and not aboue 14d. p'' day for the other p^te of the yeare ; and w^soeuer worke is lett or taken by the great or p^sell, by any workemen, laborers or artificers wtsoeur, shall be valued by the p^portion aforesaid. . Also, Sawyers shall not take aboue 4s. 2c?. for slitt worke or three inch planke, nor aboue 3s. Gd. for boards, by the hundred. Also, boards shall not be sold for aboue 5s. vie?, the hundred. It is also Ordered, that fower of the better sorte of Oxen or Horsses, w^^ the tacklin, shall not be valued at aboue 4s. xd. 66 PUBLICRECORDS the day, fro the xi^h of March to the xi^h of October, and to worke fro the xi^^^ of March to the xi^^ of May vj howers, and fro the xi^^h of May to the xi^^ of October viiij howers, except they be imployed in breakeing vp of vpland grownd, for wch worke they are alowed 4s. xc?. though they worke but vj howers : also the said cattle shall not be alowed aboue 4s. pr day fro the xi^i^ of October to the xi^^ of March, and to worke sixe howers, and so for a greter or lesser nuber of Cattle according to the said prportion. And yts Ordered, that if any p^son ether directly or indi- rectly, shall giue or take any greter wages for the worke ether of men or cattle then the pryses before mentioned, shall abyde the censure of the Court. [78] September the 2^, 1641. John Haynes Esq^. Gouer"". George Willis Esq^ Deputy, Ed: Hopkins Esq^, Tho: Welles, Mr. Phelps, Mr. Webster. The Jury. — Mr. Plum, Jur. Tho: Stolton, Henry Clarke, John Byssell, Henry Wollcott, Robert Parks, Robert Rose, Robert Abbott, John Talcott, Will: Lewis, John Clarke, Andrew Bacon ; Jur. Mathew Allen pl^ ag* John Coggen deft, in an action of slaunder, to the damage of a thousand po wnds The Jury find for the pi* damages 20/. Costs vijs. Mr. Hill hath vndertake to satisfie the 20/. for Mr. Allen, when the Court shall require yt. Tho: Munson pi* ag* John Hall defend*, in an ac" of defa- mation. The Jury find for the pi* damages 20s. Costs, vijs. Frances Styles pi* ag* Ed: Hopkins Esq^ defend*, in an ac- tion of the Case. The Jury find for the pi* damages xv/. xs. Costs, vijs. Samuell Gardner for his affront of the watch is fyned xs, and is to acknowledge his fault the next trayneing day. Robert Saltingston gent, plan* ag* Edward Hopkins Esq^ defend*, as an assigne to Mr. John Woodcoke, in an action of the case, to the damage of 200/. OPCONNECTICUT. 67 For the 4th action of Math: Allen PI* ag* John Coggen defd, the Jury find for the p^ damages xxl. Costs, vijs. Mr. Hill of Wyndsor vndertaks to satisfie Mr. Allen the 201. for Mr. Coggen when the Courte shall appoynt yt. For the 5^^ ac^ of John Coggen pit agt Math : Allen def*^, the Jury find for the defen^. Costs vijs. Mr. Coggen denyed to appeare to his action w" the Jury was cauled to giue in their verdicte, aleadging he hath not his full testimony. [79] Mr. Robert Saltingston hath an attachment graunted agt Mr. Edward Hopkins, whereby he hath attached halfe the Myll standing by the New Bridge. [80] A Generall Court held the ix^^ of Sep: 1641. John Haynes Esq'. Gou^". George Willis Esq'. Deputy. Ed: Hopkins Esq', Mr. Welles, Mr. Phelps, Mr. Webster. Deputyes :— Mr. Steele, Mr. Talcott, Ed : Stebbing, John Pratt, Capten Mason, Mr. Hill, Mr. Hull, Mr. Clarke, Mr. Swayne, Nath : Foote, Robert Rose, Samuell Smith, John Burr, John Sticklin. The Order for the restreyneing of the felling of Tymber is repeled, pi'uided that no Tymber be falen w^hin three myles of the mouth of Matabezeke river, nor at unseasonable tymes, viz*. fro the beginning of Aprill to the end of Septeber, and that it be improued into pipestaues or some other marchantable comodity wt^in on month after the felling thereof, or carted togather ; and that the Tymber so improued shall not be trans- ported fro the Riuer but for dischardge of debts or fetching in some necessary p^visions. It is Ordered, that the size of Pipestaues shall be 4 foote 4 inches in length, halfe an inch at lest in thicknes, besids the sappe : they are to be 4 inches in bredth, if vnder to goe for halfe staues, and non are to goe if vnder 3 in bredth. And there shall be appoynted in every Towne wt^in these libertyes, one experienced man to vew & obsearue all such staues as aforesaid, and ech p^cell by him approued of shall be sealed, who shall be sworne to that searuice. And all such p^sells so 68 PUBLICRECORDS approued & sealed, shall passe to the Marchant at 5Z. the thou- sand, to be deliuered at the Riuers mouth, at Wh place the Country hath vndertook to p^vid for Mr. Hopkins, by the be- gining of June next, 70000, vizt.Wethersfield 30000, Wyndsor, 20000, Hartford 20000, if Mr. Hopkins can p^uid shipping and aford to giue that price. Mr. Hopkins is desiered by the Courte, if he see an op'^tunity, to arbitrate or issue the difference betwixt the Dutch and vs, as occation and op^tunity shall be offered when he is in Ingland.* Mr. Fowler, Mr. Astwood & Mr. Tappe of Mylford are de- sired by the Courte as neighbours (if they please to take such paynes,) to settle the bownds betwixt Paquanucke and Vnco- way, as they shall iudge meete, or vppon their suruey thereof to report their app'"hensions to the seuerall Townes, vppon w'^^ if they shall not accord and consent thereunto, the Court will there- uppon issue the same. Mr. GouernJ" and Mr. Whiting are desiered to take the late Tresurer's accoumpte. Mr. Willis and Mr. Hopkins are desiered, if they haue an oprtunity, to further the league of Vnity yv^^ the Bay. The Gouernour, Mr. Phelps and Capten Mason are desiered to treat w^h Mr. Phenicke, conserneing liberty for making salt in Long Hand and takeing fishe, who haue power also to con- tract w^^ who they can pfcure for effecting the same. For the p'^uenting and avoyding that fowle and grosse sin of lying, yt is Ordered, that when any p^son or p^'sons shall be ac- cused and proued guilty of that vice, yt shall be lawfull for the p^ticular Courte to adiudge and censure any such p^ty, ether by fyne or bodily correction according as they shall judge the nature of the fault to require ; this to hold to the next Court. [81] It is Ordered, that whosoeur trads for any Indean planted Corne, after the publisheing this Order, shall pay to the Coun- try 4d. for euery bush: p^uided they buy it not for to supply their owne necessity. The Secretary is appoynted to giue to Mr. Hopkins, vnder his hand, the nuber of the bush: of Corne p^'sented to the Courte by the Plantacons. * See a letter from Sir Wm. Boswell, English ambassador at the Hague, in relation to the encroachments of the Dutch — in Appendix, No. 1. OFCONNECTICUT. 69 [82] A Generall Court held the ix^^ of NouesER, 1641. John Heynes Esq"". Gouern''. George Willis Esq^. Mr. Welles, Mr. Phelps, Mr. Webster, Mr. Whiting. [Deputies :] — Mr. Steele, Mr. Talcoat, Ed: Stebing, John Prat, Mr. Plum, Mr. Swayne, Samuell Smith, Nath: Foote, Capten Mason, Mr. Hill, Mr. Hull, Will' Gay- lard. Whereas by reson of the great scarcity of mony, execution being taken of seuerall p^sons goods, that haue bine sowld at very cheap rats to the extreame damage of the debtor. It is therefore Ordered, that whatsoeuer execution shall be graunted vppon any debts made after the publisheing this Order, the Creditor shall make choyse of one p''ty, the debtor of a second, and the Court of a third, who shall pryse the goods so taken vppon execution as aforesaid and deliuer the to the Creditor. The former Order conserneing the payment of debts to be made by Indean Come is repealed. It is Ordered that Mr. Welles, Mr. Steele, Mr. Plum and James Boosy shall runne the lyne west into the Country be- twixt Hartford and Wethersfield, to begin at the great Riuer against the marked tree. The Country Rate of * graunted the last Court may be paid in Old Indean Corne at 3s. the bushi new at 2s. vie?, Inglishe wheat at 4s. Its Ordered, that 160 bushi of Corne shall be sent in by the Country to the Gouernour, to be levied vppon the Townes by the p'"portion of the last rate. The Cort is adioyrned to the first Wensday in January, to meet at the Gouernours howse after the Lecture. [84] Dec. the ix^h, 1641. The PfTicuLER Court. John Heynes Esq"". Gou"". George Willis Esq^ Depty. Mr. Whiting, Mr. Webster, Mr. Welles. The Jury. — Andrew Bacon, Jur: Tymothy Standly, This blank occurs in the original. 70 PUBLICEECORDS Tho : Scott, Tho : Osmore, James Boosy, George Hub- berd, Tho : Coleman, Henry Woolcott, John Porter, Tho: Ford, Joshua Carter, Willia Rescue; Jur. Frances Styles pi* ag* Robert Saltingston, gent., defend, in an action of the Case to the damage of 70/. The Jury find for the pl^ damages 5lZ. Costs vijs. Robert Saltingston, gent., pi* ag* Frances Styles defen', in an action of the Case to the damage of 800/. The Jury find for the defent. Costs xs. Frances Styles pi* ag* Robert Saltingston, gent., defen*, in an Action of debte to the damage of 100/. The Jury find for the pit, eighty one pownd twelue shillings damages according to the award, and the double costs of the Court. Robert Saltingston gent, pi* agt Frances Stiles defen*, in a second action of the Case to the damage of 500/. Robert Saltingston gent, pi* ag* Frances Stiles defen*, in a third action of the Case, to the damage of 50/. The Jury is to be warned for Thursday com fortnight. [86] January the 5th, 1641. John Heynes Esq'. Gou'. George Willis, Esq"^. Dep. Mr. Welles, Mr. Phelps, Mr. Webster, Mr. Whiting. IDeputyes:'] — Mr. Steele, Mr. Tailcoate, Ed: Stebbing, Jo: Pratt, Mr. Plume, Mr. Swayne, Sam : Smith, Nath: Foote, Capten Mason, Mr. Hill, Mr. Hull, Will' Gay- lard. Mr. Huits Petition for the Hand at the Falls, is graunted. Its Ordered, that Capten Mason shall haue 500 acres of grownd, for him and his heires, about Pequoyt Country, and the dispose of 500 more to such souldears as joyned w^^ him in the searuice when they conquered the Indeans there. The Court adiorned to the 19*^ of this month. ... To the 26th. ... To the first Wensday in March. The Courte desiereth Mr. Whiting, Capten Mason, Mr. Pluin and Henry Clarke to take course for the pi'cureing some peeces of Ordnance from Piscataq' or elsewhere ; the frayght is to be OF CONNECTICUT, 71 at the chardge of the Country. And also to take order for erect- ing some fortifications where they thinke meete for searuice, and to doe therein as they shall see cause. Yf The Towne of Windsor p^uid a Ferry Boate to attend the River, they are to be alowed 3d. for a single Passenger and two pence a person w^ they carry more then one att a frayght, and twelue pence for a horse. [88] The Generall Courte for Election of Magistrats, THE second Thursday in Aprill, 1642. George Willis Esq"", Gou"". Roger Ludlow Esq^, Dep. Magestrats : John Haynes Esq', Mr. Phelps, Mr. Web- ster, Capten Mason, Mr. Welles, Mr. Whiting : these p'^sent. Ed : Hopkins Esq"", Will' Hopkins : absent. Deputyes : Mr. Steele, Mr, Taylcoate, Mr. Westwood, Andrew Bacon, Mr. Hill, Mr, Hull, Will' Gaylard, Henry Clarke, Mr. Plum, Mr. Swayne, George Hubberd, James Boosy, Phillip Groues, Its the appi'hension of the Generall Courte that the p^'ticuler Courte should not be inioyned to be keepte aboue once in a quarter of a yeare. It is ordered, that the p^'ticuler Courte shall haue liberty to dispose of ten thousand acres of grownd in Pequoy t Country, as yt lyeth togather, \v^^ lest pnudice to others that may hereafter succeed the, for the further planting the Country. Its Ordered, that the Goui'nor and Mr. Heynes shall haue lib- erty to dispose of the ground vppon that pi'te of Tunxis River cauled Mossocowe, to such inhabitants of Wyndsor as they shall see cause. It is Ordered, that there shall be an Artillary Yard, where the Company shall haue liberty to exercise their Arms once a month, and chuse their Officers according to the course of Ar- tillary men, and there shall be 300 acres of grownd alowed thereunto for their incouridgement therein, in some conuenient place, where yt may be found for the benefitt and vse of the Company successively. 72 PUBLICRECORDS" It is Ordered, that there shall be a restraynt for any pi'son wt^in this Jurisdiction fro trading w^^ Indeans in Long Island, vntill the Courte in September com twelue month, only Tho : Steynton and Richard Lord haue liberty to goe one vyadgej for the putting offe the smale comodityes they haue pi'uided for that end, and to gather in their old debts. Tho : Ford is to enioy the 200 acres of grownd formerly graunted to him, and his neglect of improueing yt, w^^in the tyme formerly lymited, is remitted. The Courte adioyrned to the last Wensday in this month. The Courte adiorned to the xi^^ of May. May the xith, 1642. Its Ordered, that the magestrats, or the gretest pi'te of them, shall haue liberty to agitate the busines betwixt vs and the Dutch, and if they thinke meete to treate w^^ the Gouernor conserneing the same. It is graunted, that Wyndsor lyne shall run vppon Mr. Salt- ingstall his land, neere the falls, according to their other lotts, pruided yt pi'ue not aboue a poynt and halfe towrd the north, and wt preiudice Mr. Saltingstall shall susteyne thereby, the Country shall make good. And whereas the foresaid grownd formerly graunted to Mr. Saltingstall, was to haue bine impaled w^hin three yeares after the graunt, he is now released of that ingadgement, and the land confirmed to him. He, the s^ Mr. Saltingstall doth pJ^mise to lend the Country two peeces of Ordnance, Sakers or Min- ions, and if he require the before the Country can spare the, he is to pay for the frayght. [89] It is ordered, that no man wt^in these libertyes shall re- fuse marchantable Indean Corne at the rate of 25. vid. the bush*, for any contracte made for the labour of men or cattell or coiii- odityes sold after the publisheing this Order. The Courte is adioyrned to the last Wensday of July, excepte the Gou'' see cause to call it before. May the 2d. The Court hath appoynted that Mr. Hill shall sat- isfie Mr. Coggens debte of 20/. to Mr. Allen, w^'in a month after the date hereof, according to his p'mise, vppon the verdicte of the Jury vppon the sute of the action of slaunder. OFCONNECTICUT.'' 73 July 25ti», 1642. The Court is adioyrned for a fortnight. August the 9*^. The Courts dissolued. A Generall Courte, August the 26th, 1642. Roger Ludlow Esq'', Deputy. Jo: Heynes Esqs Mr. Welles, Mr. Phelps, Capten Mason. [Deputyes :] Mr. Steele, Mr. Talcote, Mr. Westwood, Andrew Bacon, Mr. Hill, Mr. Hull, Mr. Clark, Will'. Gaylord, Mr. Swayne, Mr. Parke, George Hubbert, Robert Rose. It is Ordered, that there shall be a letter writt fro the Courte to the Bay to further the p'secution of the Indeans, to pi'uent their mischeuos plotte in their late Combination.* It is Ordered, that the Clarke of the band in euery Towne wthin these libertyes, shall haue an Oath giuen him by the Gou''nour or some Magistrate, to vewe the arms in their seu^all Plantations, and make returne of such as are defectiue or want the quantity of powder or bullitts according to Order of Courte, and also of such as are absent at tymes of Trayneing. It is Ordered, that the Inhabitants w'^in these libertyes shall not suffer any Indean or Indeans to com into their bowses, only the Magistrals may admitte of a Sachem, if he com not w'h aboue two men. It is Ordered, that there shall be a gard of 40 men to com compleate in their Arms to the meeting euery Sabbath and lec- ture day, in euery Towne wt^in these libertyes vppon the Riuer. *" The letters and other intelligence" from Connecticut, relating to the alleged designs of Miantonimo " to draw the Indians into a confederation" against the English, were laid before the General Court of Massachusetts, at its session in September. Information of the plot had been communicated to Mr. Ludlow, then residing at Uncowa, (now Fairfield.) by one of the neigh- boring Sachems, about the 20th of August. See, in Mass. Hist. Coll. 3d Ser., iii. 161, " A true re- lation of a conspiracy of Maantanenio, the greats Sachem of the Naragancetts, Soheage or Se- quin, the Sachem of Matabeseck, and Sasawin or Sequassen, the Sachem of Sicaogg, for destruc- tion of the English and generally throughout New England, as it hath beene discovered by a Sachem living neere Mr. Ludlowe, as also of another Indian of Long Island to Mr, Eaton of New Haven, and of another Indian in the River of Conectecott," 8 74 PUBLICREOORDS* ISEPTEm 5th, 1842. The Courte manifest their willingnes, according to theire abillityes, to further the imployment of the Shipcarpenter & Roper motioned by Mr. Whiting. The Court agree to take an Oath to keepe secret what they shall determine and conclud to conceale, as foUoweth : — There shall be a Comitte chosen to make pi'paration ag^ [ *] and the murtherers, (this to be kept secret,) and to defeat the Plott of the Indeans meeting about Tunxis. [90] The Gou^ Mr. Ileynes, the Capten and the rest of the Magestrats, are chosen for a Coinitte to agitate the businesses before mentioned. SEPTEm THE S^^'s 1642. George Willis Esq>", Go'". Jo: Heynes Esq', Mr. Welles, Mr. Phelps, Capten Mason. [Depulyes ;] Mr. Parke, Mr. Swayne, Mr. Clarke, Wm. Gaylord, Andrew Bacon, Mr. Talcot, Mr. Westwood. Forasmuch as the Indeans growe insolent and combyne the- selues togather, being suspected to p'pare for warr, It is Ordered, that no Smith w^'un these libertyes shall doe any worke for the, nor any p'son wt''in these libertyes shall trade any Instrument or matter made of iron or Steele w*^'' the, nor deliuer any that are allreddy made, wt^out lycense fro two Magistrats, nor buy any of their venison vntill further liberty be graunted. It is Ordered, that eu'"y Towne w^i'in these libertyes, p^uide w^^'in fowerteene dayes, twenty halfe Pi ekes, of ten foote in length at lest in the wood. Andrewe Bacon is joyned w^i' the Capten and Mr. Clarke, to P'pare caridges for the peeces that cam fro Piscataq'. It is Ordered, that for the secureing of the Plantations there shall be two wards men at lest, in eu'y seuerall Towne wt'^in these libertyes, to giue notice of any sudden daynger that may com vppon the Plantations, and to execute the Order for keepe- ing out Indeans ; And also that there remayne w"'in euery Towne a competent nuber of men dayly, for the defence thereof, viz*. Hartford 40, Wyndsor, 30, Wethersfield 20. • Blnnk in the original. The order douhtless refers to Sowheag or Sequin, who had been charged with b-ccreting tliu nniidcrcrs of tlie English. OFCONNECTICUT. 75 Its agreed that Wyndsor shall take offe the worth of 90^. in Gotten Wooll, fro Mr. Hopkins ; Wethersfield, the worth of 110/.; Hartford 200/.; w^^^ Hberty to the Plantations to pi'por- tion yt according to their former Rats, if Wyndsor and Weth- ersfield shall wthin on month desire yt. The Courte is adioyrned for a month, vnless the Gou"" see cause to caull yt sooner. Sep*, the IT^h, 1642. Its Ordered, that the Clarke of the Band in euery Plantation wt^in these Libertyes, shall giue in to the deputyes of their seui^all Townes, an exacte list of all the Trayne men fro 16 yeares to 60 : and the deputyes to dehu'" the same to the Coin- itte who haue power to levy the said Townes for the p^secution of the warre. Sept. 29th, 1642. The Courte aduiseth that a letter be returned to the Dutch in answer to their letter brought by Mr. Whiteing. Mr. Heynes, Mr. Hopkins and Mr. Whiteing are desiered to write yt, as also to write to Mr. Dudlie and Mr. Bellingha conserne- ing what the Dutch Gouernor reporteth that they haue wrote to him about o"" differences etc. That the Country may be better enabled to kill yearely some Beves for supply of Leather, It is Ordered, that no Calues shall be killed wt^in these Plantations, w^hout the approbation of two men w'hin ech Towne, by the Court to be appoynted for that searuice, vppon forfeture of ten shillings to the Country. For Hartford, Wm. Butler, George Steele ; Wyndsor, John Bissell, John Portor ; for Wethersfield, Leo : Chester, Rich : Trotte. [49] Vppon a bill exibited by Mr. Tailcoate, there appeareth due to Mr. Eldridge, 4. 4. 6. October the 4*^, 1642. Its ordered, there shall be 90 Coats p^vided w^Hn these Plantns, wthin tenn dayes, basted w^^ cotten wooll and made defensiue ag' Indean arrowes ; Hartford 40, Wyndsor 30, Wethersfield 20. 76 PUBLICRECORDS The Courts adiorned for a month, vnles the Gou'' see cause to call yt soooner. The PrxiC Court, M^^ op Octob"', 1642. George Willis Go^", Esqf. Jo: Heynes Esq^ Ed : Hopkins Esq^, Mr. Phelps, Mr. Webster, Mr. Whiting, Mr. Welles. Jury : Mr. Cullicke, Tho : Osmore, Gregory Wilterton, Will' Pantry, Tymothy Standly, John Clarke, Frances Styles, John Byssell, Roger Willms, John More, Nath : Dickinson, John Trott. The ac^ of Seargeant Fyler pi*, in the behalfe of the Towne of Wyndsor ag* Mat: Allen, deft, in an ac. of the Case. The said Math : Allen is to pay costs for non apparance viijs. vi^. The Court following, Seargeant Fyler was adiudged to pay the said costs, haueing made a referance before the sute. The sute of Ephraim Huit pi. ag* Tho : Steynton, is w^h. drawn by consent. Bray Rocester pi. ag* Wyddow Hudgison, Executrixe to Will' Hudgison, defen*, in an action of debt to the damage of 16/. Whereas many sutes com into the Court ag* Tho :, Marsh- field, and he is w^hdrawen and non soluit. The Court hath ap- poynted Henry Woolcott & Tho : Ford to take into their chardge or custody all the estate, goods & chattells of the said Tho : Marshfields, as they shall be able to discou"^ yt, and to dispose of yt to the best aduantage for the vse of the creditors, and the same to accoumpt to the Court w^ they shall be there- vnto cauled. Mr. Eldridge pi. agt Tho : Marshfield deft, in an ac. of debt to the damage of 121. Henry Woolcott pi. agt Tho : Marshfield defS in an ac. of the case to the damage of 40/. In the ac. of Richard Trott and Samuell Smith agt John Plum deft, the Jury find for the pl^ Damages 155. Costs viijs. ij6?. Execution graunted. ofconnecticut, 77 [92] Capitall Lawes established by the Generall Court, THE FIRST OF DeCEMBER, 1642, 1. Yf any man after legall conuictlon shall haue or worship any other God but the Lord God, he shall be put to death. Deu : 13. 6, & 17. 2 : Ex : 22. 20. 2. Yf any man or woman be a witch (that is) hath or con- sulteth wth a familliar spirit, they shall be put to death. Ex : 22. 18: Lev: 20. 27: Deu: 18. 10, 11. 3. Yf any p^son shall blaspheme the name of God the Father, Son or Holy Goste, w^h direct, expres, prsumptuous, or high- handed blasphemy, or shall curse God in the like manner, he shall be put to death. Leu : 24. 15, 16. 4. Yf any p^son shall comitt any willfuU murther, w^h is man- slaughter comitted vppon mallice, hatred or cruelty, not in a mans necessary and iust defence, nor by mere casualty against his will, he shall be put to death. Ex: 21. 12, 13, 14: Num : 35. 30, 31. 5. Yf any person shall slay another through guile, ether by poysonings or other such divillishe practice, he shall be put to death. Ex: 21. 14. 6. Yf any man or woman shall ly w'^ any beast or bruit creature, by carnall copulation, they shall surely be put to death, and the beast shall be slayne and buried. Leu : 20. 15, 16. 7. Yf any man lye w^h mankynd as he lyeth w^^ a woman both of them haue comitted abomination, they both shall surely be put to death. Leu : 20. 13. 8. Yf any p^son comitteth adultery w^^ a married or es- poused wife, the adulterer and the adulteres shall surely be put to death. Le : 20. 10, & 18. 20 : Deu : 22. 23, 24. 9. Yf any man shall forcebly and w^hout consent rauishe any mayd or woman that is lawfully maried or contracted, he shall be put to death. Deu : 22. 25. 10. Yf any man stealeth a man or mankind, he shall be put to death. Ex: 21. 16. 11. Yf any man lise vp by false witnesse, wittingly and of purpose to take away any mans life, he shall be putt to death. Deu : 19. 16, 18, 19. 8* 78 PUBLICRECORDS 12. If any man shall conspire or attempte any inuasion, in- surrection or rebellion against the Comon welth, he shall be put to death. And whereas frequent experience giues in sad euidence of seuerall other wayes of vncleanes and lasiuious caridges prac- tised among vs, whereunto, in regard of the variety of Circu- stances, pi'ticular and expresse lawes and orders cannot sud- denly be suted ; This Court cannot but looke vppon evells in that kind as very pi'nitious and distructiue to the welfare of the Comon weale, and doe judge that seuere and sharpe punishe- ment should be inflicted vppon such delinquents, and as they doe approue of what hath bine alreddy done by the p'ticuler Court, as agreeing w^^ the generall power formerly graunted, so they do hereby confirme the same power to the p^ticuler Court who may proceed ether by fyne, comitting to the howse of correction or other corporall punishement, according to their discretion, desiering such seasonable, exemplary executions may be done vppon ofTondors in that kynd, that others may heare and feare. Forasmuch as incorigiblenes is also adiudged to be a sin of death, but noe lawe yet amongst vs established for the execu- tion thereof; For the p^'uenting that great evell, It is Ordered, that whatsoeuer Child or searuant w^^^^in these libertyes, shall be conuicted of any stubborne or rebellious caridge against their parents or gouernors, w^^^^ is a forerunner of the forementioned evell, the Gouernor or any two Magestrats haue liberty and power fro this Court, to comit such p^son or p^sons to the howse of correction, and there to remayne vnder hard labour and seuere punishement, so long as the Court or the mayor parte of the Magestrats shall judge meet. [93] Whereas diuers p^sons dep^'te from amongst vs, and take vp their abode w^^ the Indeans in a pj'phane course of life, For the p^uenting whereof, Yt is Ordered, that whatsoeuer prson or p^sons that now inhabiteth or shall inhabite w^^in this Jurisdiction, and shall deplete fro vs and sette or joyne w^^ the Indeans, that they shall suffer three yeares imprisonment at lest, in the howse of correction, and vndergoe such further censure by fyne or corporall punishement as the pi'ticuler Court shall judge meet to inflict in such case. OFCONNECTICUT. 79 For the better furnisheing the Riuer w^h Cordage towards the rigging of Shipps, It is Ordered, that what hempseed any pi'son hath w^hin these hbertyes, that they shall ether sowe yt themselves, or sell yt to some others wt^^in the Riuer that may sowe the same. The late Rate graunted, of 50Z. is to be made vp a 100/. and to be p^'portioned vppon the three Townes according to the former Rate, w^h may be paid in sumer Wheat at 4s. 4d. the bushi, Rye at 3s. vie?, Pease at 3s. vie?, Indean at 2s. \iijd> pi'uided yt be Marchantable Corne, and the Constables of ech Towne are Ordered to receaue no other but at such vnder Rate as they shall esteeme yt at, or in wampu at 6 a penny. The former Order of Indean at 2s. vie?, the bush^ is repealed, and the seu^all sorts of Corne before mentioned are made pay- able, vppon the pryses herein specified, for any labour or hyer of men or cattle, hereafter to be done. The size of Pipestaues is to be 4 foote vi inches in length, the breadth and thicknes according to the former Order. It is Ordered, that noe man wthin this Jurisdiction shall di- rectly or indirectly amend, repaire, or cause to be amended or repaired, any gun, smale or greate, belonging to any Indean, nor shall endeuor the same, nor shall sell or giue to any Indean, directly or indirectly, any such gun or gunpowder, or shott, or lead, or mould, or millitary weapons, or armor, nor shall make any arrowe heads, vppon payne of ten pownd fyne for euery offence at lest, nor sell nor barter any guns, powder, bullitts or lead, wherby this Order might be evaded, to any pi'son inhabit- ing out of this Jurisdiction, w^^out lycence of this or the p^tic- uler Court, or som two Magistrats, vppon payne of ten pownd for every gun, fine pownd for eu^y pownd of powder, 40s. for euery pownd of bullitts or lead, and so pfportionably for any greater or lesser quantity. Mr. Whiteing & Capten Mason are desiered to take Order to demaund the Tribuit due fro Long Hand and the Indeans vppon the mayne, and w* they can receaue may be accoumpted towards that w<=h is due to the fro the Country. Mr. Whiteing is contente to accepte of the Corne at Mohegen, and to dis- chardge the prises of the two cloathes, pi'uided he be abated by 80 PUBLICRECORDS the Country for so much of yt as was sould & not traded for Corne ; and if any cloath be lefte, yts at his dispose. The Gour, Mr. Heynes, Mr. Hopkins, Mr. Whiting, Capten Mason, Mr. Chester, Mr. Hill and Mr. Trott are desiered to take the accoumpt of what the seuerall Townes will disburse toward the building of a Shippe, (and if they find yt phesable,) they haue power to agree w^h workemen to carry on the worke and to take ingadgements of the Country to prforme what they vndertake, and to doe all things requisit for the full accomplishe- ing of the worke. The Gour, Mr. Heynes, Mr. Hopkins, Mr. Welles & Mr. Phelps are desiered to consider w^^ the Elders, conserneing the the synns of Curseing father or mother, Incorigiblenes, Rau- ishement, Contempt of Ordinances, Lying, and Brech of pi'mise, and to make some lawes ag* the & p^sent the to the next Gen- erall Courte. [91] DEce. 18: 1642. It is Ordered that no man wthin this Jurisdictn shall, directly or indirectly, amend, repaire, or cause to be amended or re- paired, any gun smale or greate, belonging to any Indean, nor shall indeavor the same, nor shall sell nor giue to any Indean, directly nor indirectly, any such gun, or any gunpowder or shott or lead or shott mould, or any millitary wepons, armor or arrowe heads, nor sell nor barter any such, vppon payne of ten pownd fyne for euery offence att lest, and the Court shall haue power to encrese the fine or to impose corporall punishement where a fyne cannot be had, at their discretion. Whereas yt appeares that notw^i^standing the former lawes made ag* selling guns & powder to Indeans, they are yet sup- plyed by indirect meanes, It is thereof Ordered, that if any p'"son, after publicatfi of this Order, shall sell, barter or trans- porte any guns, powder, bullitts or lead, to any p^son inhabit- ing out of this Jurisdic" w^^out lycense of this Court, or fro some two Magistrats, he shall forfeit for eu^y gun ten pownd, for euery pownd of gun powder 5/. & for eu^y pownd of bullitts or lead 40s. & so p''portionably for any greater or lesser quan- tity. ofconnecticut. 81 [94] The P'tic- Court, the 27*^ of January, 1642. George Willis Esq', Goxi^. Jo: Heynes Esq' Ed: Hop: Esqr, Mr. Phelps, Mr. Webster, Mr. Whiting, Cap : Mason, Mr. Welles. The Jury* It is Ordered, that the pn^ Court shall be held the first Thurs- day in these seu^'all months ; March, June, Sep., Decebr. The will and Inuentory of Richard Lyman decessed is brought into the Court. John Moody maks Oath that yt is the last will of the said Rich : and also the noate then brought in is the note of the Widdow Lyman decesed. The seuerall p'tyes pi'sent at the p^senting the said will, agree that John Lyman, if he Hue, will be 22 yere ould in Septe. 1645, Robert Lyman 22 in Septe. 1651. The P^tiC Court, the 2^ of March, 1642. The Jury : — Bray Rocester, Nath : Waird, Jo : Barnard, Ed : Sebbing, John Demon, Jo : Olester, Will' Palmer, John Stedder, Tho: Stought", Tho: Dewye, Joseph ■ LuiTiis, Walter Fyler. In the Ac. of Henry Woolcott pi. agt Tho: Spenser defen*, the Jury find for the pi. damages vid. & Costs of Court. In the ac. of Math : Beckwytt pi. agt Math : Allen deft, the Jury find for the pi. damages viijs. & chardges of Court. Ex- ecutn graunted. In the ac. of Elias Putma pi. agt Ed : Vere def*, the Jury find for the pi. dainages xviij5. & Costs of Court. Tho : Hurlbut for exacting and incouridging others to take excessiue Rats for worke and ware, is adiudged to pay to the Country 40s. Tho : Ford is to glue notice to the Wyddow Hudgison to answer Mr. Rocester his sute, the first Thursday in Aprill next^ at w^h tyme though he should rec. no answer, he is to answer to the sute himselfe. * The names of the jurors are not recorded. / lA^^Z^ 82 PUBLICRECORDS The creditors of Tho : Marshfield are to repaire to the Court to haue their sute tryed, the first Thursday in June. Will' Rescue is to take into his Custody James Hullett, Tho : Gybbert, Lidea Blisse & George Gybbs, and to keepe the in giues* & giue the course dyet, hard worke, sharpe correction. The ac. of Jospf Raulding pi. agt Tho : Hurlbut is w^hdrawen by consent, and the chardges of the Court to be paid betwixt the. John Tynker pi. as assigne to Henry Webb, ag* Tho : Marshfield defS in an ac. of the Case to the damage of ll. In the ac. of Ed: Elmor pi. ag* Tho: Bailis deft, the Jury find for the pi. damages 35s. and Costs of Court. [96] March the 2T^, 1643. George Willis Esq', Gou)". Jo : Heines Esq^ Ed : Hopkins Esq', Mr. Webster, Mr. Welles, Mr. Phelps, Capten Mason. [Deputyes ;] — Mr. Steele, Mr. Tailcoat, Mr. Westwood, Andr: Bacon, Mr. Swaine, Mr. Plum, Mr. Chaplin, Robert Rose, Mr. Hill, Mr. Hull, Will' Gailard, Henry Clarke. Mr. Heines and Mr. Hopkins are desiered to goe into the Bay to pi'secute the combination betwixt the and vs and New Hauen, w^h full power if they haue opi'tunity to conclud the same, and in case that should fayle, they are desiered to treat and conclud of a Vnion w^h them, researueing the priuilidges we haue in o' fundamental! lawes. The Court consenteth that the former answer shall be re- turned to the pi'positions made by the Lords, the p'ticulers at p'sent not coining to vewe, and if yt please Mr. Fenwicke to joyne w^h the Plantations, it shall not infring any of his priui- lidges Wh belong to him. The Court graunteth Mr. Heynes, a thousand acres of land about Pequoit country, pi^uided it be vewed that it hinder not a plantation. * gyves. OF CONNECTICUT. 83 That p'te of the Order concerneing recording of bargens and moi'gages of land (made the 1 1 of October,) was now by gen- eral! consent ordered & agreed to be in these words, That noe bargaine or morgage of land whatsoeuer shall be of any value vntill the same be recorded. It is Ordered, that Frances Stiles, for his forceble resistance of the Officer of the Court vppon the execution of his office, is fyned to pay to the Country fifty pownd. Mr. Plum & Mr. Swaine are nominated to stand in election for Magestrats. Its the judgment of the Courte that the Dutchmens hoggs should be liable to the same orders as the Towne hoggs, where they trespasse. The decons of Wyndsorare appoynted to supply the searuice that the decons of Roxberry were to pi'forme, conserneing the distribution of the seuerall portions of Mr. Stoughtons children, and his wiues, if the said decons of Roxberry refuse to doe yt. [99] Aprill ye 6^^, (1643.) The PtTicuLER Court. George Willis Esq"", Governour. Mr. Whiting, Mr. Phelps, Captaine Mason, Mr. Webster. The Jury : — Jo: White, Wm. Gibbings, Mr. Alcocke, Jo : Porter, Tho : Thornton, Walter Filer, Benedict Afford, Leo: Chester, Jo: Edwards, Tho: Trott (?) Jo: Elsey, Nat: Ely. Lisley Bratfield pi* in an actioii of trespas agt Tho : Cole- man defend : damages 5/. Bray Rocester pi* in an action of debt against Tho : Ford, attur[ne3/] to Widow Huchinson, defend : vpon a Bill of 240£. But forasmuch as Tho: Ford before this Court could not re- c[eiue] instruction, ye tryall is deferd till next Court. Jo : Stoder pi* in an act" of trespas against Jo : Plum, de- fend*, damage xxs. The action betwene Jo : Stoder & Jo : Plum is by consent w^^drawen, & referred fully to be issued by Jo: White & Wm. Gibbings. Y^ charges of ye Court is equally to be payd betwene ye p'"t[yes.] 84 PUBLICRECORDS An attachm* graunted to Rob'te Parke for fiue pownds ten shillings two pence, in y^ hands of Anthony Wilson of Vn- cawa. In ye action betwene Lisley Bratfield pi*, &. Tho : Coleman defend : y^ Jury doe find for plS 21. xs. damage, & y^ cost of y^ Court & for witnesses xiij5, Aron Starke is ajudged to be whiped at Winsor to morrow, & then to serve Capten Mason during y^ pleasure of y^ Court. James Hallet is to returne fro y^ Correction house to his master *Barclet, who is to keepe him to hard labor & course dyet, during ye pleasure of y^ Court, pi^vided that Barclet is first to remove his daughter fro his family before the sayd James enter therein. f [102] The Court of Election held the IS^ii of Aprill, 1643. John Heynes Esq*", Gou"^. Ed : Hopkins Esq, Deputy. George Willis Esq^ Roger Ludlowe Esq^, Mr. Webster, Mr. Whiting, Tres\, Mr. Welles, Sec\, Capten Mason, Mr. Woolcott, Mr. Swaine. [Deputyes :] Mr. Steele, Mr. Talcoat, Mr. Westwood, Andrewe Bacon, Mr. Chaplin, Rob'te Rose, John Rob- ins, John Edwards, Mr. Hull, Will' Gaylard, Mr. Stoughton, Mr. Rocester, Henry Gray. Whereas, in regard of the diu''sity of mens judgements amongst Jurors, yt falls out diu's tymes that no verdict is giuen in, or else w^h great diificulty ; Wherefore yt is thought meet and so Ordered, that the Jurors would w^h all dilligence attend the issue and evidence of the Cause before the, to w^h they are sworne, and if in that case they cannot agree after all reasons disputed, but some remayne vnsatisfied, their reasons are to be tendered to the Court, and to be answered, and then they are * Blank in the original. tXhe record of this session is not in the handwriting of the Secretary, Mr. Welles, who, (as will be Been hy referring to the names of the Magistrates,) was not present. OFCONNECTICUT. 85 to consult togather agayne, and if as yet any cannot bring their judgments to joyne w^^ their fellowes in a joynt verdict, the greater pi'te shall giue yt in by their voate, and yt shall be deemed to all intents and purposes a sufficient and full verdict, vppon w^h judgement may be entered and execution and other p^ceedings to be had therein, as though they had all agreed ; p^uided also, that if yt fall out the case be so difficult that the Jury are equally diuided sixe [to] sixe, the Jurors are to tender yt to the Court, w^h their reasons, and a spetiall verdict is to be drawen thereuppon ; and then the Court are to appoynt a tyme to argue the same, and the voate or greater nuber of Magistrats are to carry the same, and judgement to be entered thereuppon, and execution and other p^ceedings as in case of a verdict by a Jury. Whereas, we find by experience that there followes great in- conueniences in regard diuers are suddenly cauled to answer sutes in the Pi'ticuler Court, wt^out tymely notice, and so many tymes the most harmeles are soonest overtaken. For the p''uention whereof, It is Ordered, that fro henceforth all p'sses* that yssue forth shall be returnable one full weeke before euery p^ticuler Court, at wch tyme the pl^^ or pl^^ shall, is or are to bring in their plea or declaration to the Secretary, where the defen* or defendants are to repaire and take a coppy, and w^hin three dayes to deliuer in his or their answer or answers, that men may be pi'pared to come to judgment ; and if yt fall out the pi* or pits fayle of putting in his or their declaration or declarations according as aforesaid, the sute to surcesse and the defend* or defend^s not bownd to pi'ceed w^^out a new suinons, and if the def* or defence fayle on his or their p'ts ac- cording to the true intent of this Order, the pi* or pl*^ may pi'ceed vppon his or their declaration or declarations, and the def* or defend* s ar likewise subiect to a fyne of the Court for any misdemeanor thei'ein. These Orders to stand vntill the next generall Court. The Clarkes of ech Towne that are appoynted to size the waights and measures are Ordered to bring in the standards of boath fro the seuerall Townes to the next p^ticuler Court, there to be compared togather and made equall. John Banks is re- * processes. 86 PUBLICRECORDS turned Clarke to size the waights and measures for Wyndsor, & Fraunces Norton for Wethersfield. [103] It is Ordered, that one or two of the Magistrats shall be sent to Stratford and Vncoway, to joyne w*'' Mr. Ludlowe for the execution of Justice, twice this yeare, viz*, the last Thurs- day in April! and the last in September. Capten Mason and Mr. Welles are appoynted for the last in Aprill. It is Ordered, that euery Towne vppon the Riuer shall pi'uide one man in ech Towne to doe execution vppon delinquents, by whipping or other correction as they shall be thereunto cauled by Order fro the Magistrats. It is Ordered, that good Rialls of | and Reix Dollers shall passe betwixt man &; man att fiue shillings a peece, in all pay- ments, the debts being made after the publisheing of this Order. It is Ordered, that Mr. Ludlowe shall be moderator the next p'ticuler Court, if he be p^sent, or in his absence and the ab- sence of the Goui". & Deputy, the eldest Magistrat, p^uided the Court consist of fiue Magistrats w^h the Moderator. The Gor, the Deputy, Mr. Willis, Mr. Ludlow, Capten Ma- son, Mr. Webster, Mr. Whiting and Mr. Rocester are desiered to debate w^h Mr. Huit conserneing Mr. Styles his petition and other ofFensiue cariedges, and if they receaue not satisfaction to returne their report to the next Generall Court. They may also take such other helpe as they shall see cause. The opinion of the Comittee to who the consideration of the petition of our neighbours of Wethersfield was comitted, was now returned to the Court, and for p^sent aproued of, and ordered that one coppy thereof be sent to Mr. Smith and another be giuen to the mebers of the Court for the Towne, and the said Comittee are desiered by the Court to receaue Mr. Smiths answer, and in case they find him vnsatisfied in the aduise giuen, they are desiered to take such an indiflferent course that the true state of the question may be p^pownded, and the ad- uise of Elders here and elsewhere taken vppon the same, that accordingly an issue may be put thereto. The Court is adioyrned vntill the first Wendsday in July. OFCONNECTICUT. 87 The Coppy of the opinion of the Comittee vppon the Peti- tion of those of Wethersfield. The Petition of those of Wethersfield hath bine taken into sadde and serious consideration, and we doe find the distance & differences to be exceeding great, and some of the such as will necessarily require publique examinatio and censure, so that till then we cannot expresse o'' judgments conserneing pi'ticulei's: We find also that many of those who put vp their names for remoueall were not induced thereunto by any dislike, or ingadgement they haue in the pi'sent quarrells, but for want of lotts and other considerations : Yet vppon the vew of the generall, conceaueing yt will be disaduantagious to the pub- lique & vncomfortable if not distructiue to themselues that so many as are interested in the pi^sent differences should remoue, and vppon other considerations, we are of opinion that the best way for recouering and prsearueing the publique peace is that Mr. Smith lay downe his place, if yt may be done according to God. [104] The PrTicuLER Court, the first of June, 1643. Roger Ludlowe Esqi", Moderator. George Willis Esq^, Mr. Webster, Mr. Whiteing, Mr. Welles, Capten Mason, Mr. Swaine, Mr. Woolcotte. \_The Jury :'\ — Mr. Parke, Mr. Stoughton, John Bissell, Henry Woolcotte, Aron Cooke, Roger Willms, Nath: Foote, John Westoll, Tho: Standly, Joseph Maggott, George Steele, Tho: Scotte. In the ac. of Will' Gailard, as Attorny for Nath. Patten, pit, against Tho: Marshfield, defend the Jury find for the pi*, damages, 20/. In the ac. of Math: Allen, as Attorny for Tho: Allen, pi*, agt Tho; Marshfield deft, the Jury find for the plS damages, 21. 16s. In the ac. of Mr. Woolcott, as Attorny for Henry Webb pi', ag' Tho: Marshfield defS the Jury find for the plS dama- ges, 5/. 7s. 88 PUBLICRECORDS In the ac. of Henry Woolcott pi* ag* Tho : Marshfield def*, the Jury find for the pi*, damages, 195. In the ac. of Mr. Woolcott, for Mr. Branker plS ag* Tho: Marshfield defenS the Jury find for the pi*, damages, 155. In the ac. of Will' Hill, for Lawrance EUison pi*, agt Tho: Marshfield dei^, the Jury find for the pi*, damages, 4/. In the ac. of Mr. Will' Whiting plS against Tho: Marshfield deft, the Jury find for the pi*, damages, xxvU. In the ac. of debt vppon a bill of exchainge, by Mr . Will' Whiting pis agt Tho: Marshfield deft, the Jury find for the pit, damages, 20/. 10s. In the ac. of Will' Torrey pit, agt Tho: Marshefield defent^ the Jury find for the pit, damages, 182/. vis. 9d. In the ac. of Richard Trott pit, agt Tho: Marshfield defen*, the Jury find for the pit, damages, xviZ. 13s. vie?. In the ac. of Bray Rocesterplt, agt Wyddow Hudgison deft, as executrixe to Will' Hudgison deceased ; Tho: Ford ap- pearing to the sute, the Jury find for the pit, damages, 23/. The Court graunteth execution to the pit vppon the goods of the defent. [105] Willm Turrey pit, agt Nath : Willet & Elizabeth Wil- let deft3, in an ac. of debt. John Robins pit, agt Richard Belden & Nath : Woodroofe defents, in an ac. of the Case. Will' Whiting [106] June the 15tii, 1643. [A Pr'ncuLER Court.] John Heynes Esqs Gou'. Ed: Hopkins Esq"^, Dep. George Willis EsqS Mr. Welles, Mr. Webster, Mr. Whiting, Capten Mason, Mr. Swayne, Mr. Woolcott. The Jury : — Mr. Chester, Rich: Webb, Rich: Goodman, Will' Gybbins, Rich: Butler, Tho: Ford, John Porter, John Drake, Robert Howard, Nath: Dickinson, Josias Churchill, John Demon, (Mr. Trotte.) In the ac. of Battery and Trespasse of Tho: Waynewright pit, agt his blaster, Mr. Henry Smith deft, the Jury find for the defent Costs of the Court. OFCONNECTICUT. 89 In the ac. of Henry Woolcotte plS as Attorny to John Witchfield, agt Tho: Marshfield defS the Jury find for the pit, dam : 30s. In the ac. of Henry Woolcott pi*, as Attorny to John Brooke, agt Tho: Marshfield deft, the Jury find for the pi*, dam : xi/. In the ac. of Nath: Willet & Elizabeth Willett pi*, agt Tho: Marshfield deft, the Jury find for the pit, damages, 14/. lis. 2c?. In the ac. of Will' Palmer pit, agt Tho: Marshfield deft, the Jury find for the pit, damages, viii/. 3s. 4. In the ac. of Henry Woolcot pit, agt Tho: Marshfield deft, the Jury find for the pit, damages, 4l. 3s. 4(1. In the ac. of Tho: Forfl pit, agt Tho: Marshfield deft, the Jury find for the pit, damages, 4/. 13s. 10c?. In the ac. of Henry Woolcott & Nath: Willet pit, agt Tho: Marshfield deft, the Jury find for the pit, damages, viiZ. Mr. Eldridge pit, agt Tho: Marshfield in an ac. of debt to the damage of 13/. Benedict Aluer pit, agt Tho: Marshfield deft, i^^ an ac. of * to the damage of 10/. Will' Hubbert pit, agt Tho: Marshfield deft, in an ac. of the Case to the damage of 12/. Mr. Woolcott pit, agt Tho: Marshfield in an ac. of the Case to the damage of 39/. 15s. Mr. Whiteing pit, as Attorny to Henry Bartlemewe, agt Tho: Marshfield deft, in an ac. of the Case to the damage of 40/. Tho: Ford pit, as assigne Edward Smith, agt Tho: Marsh- field defent, in an ac. of debt to the damage of 30/. 13s. 4a?. [107] June the 16th, 1643. Henry Woolcott & Tho: Ford are Ordered to bring vnto the Gouernour a p''ticuler of the Estate of Tho : Marshfield, as yt consists in land, goods or debts, and that they doe yt wt^in on weeke ; & Mr. Whiting, Mr. Hull and Will' Gaylard are to * Blank in the original. 90 PUBLICRECORDS price the p^ticulers, and to make an equall diuision thereof amongst the creditors, and that pi'portion w^h is to be seques- tred for debts oweing by the s*! Marshfield and yet vnproued, are to be lefte w^h Henry Woolcott, who must accoumpt for the same. And the creditors are to be accoumptable for to returne such a p^portion of what they shall receaue as shall appeare to belong to such Creditors fro old Ingland as may challing and make p^'ufe of any just debts fro the said Marshfield, pruided they appeare w^^in 14 months ; to w^h the Creditors consent. [108] July the 5th/ 1643. John Heynes Esq"^, Gou"^. Ed: Hopkins, Esq^, Dep : Roger Ludlowe Esq', George Willis Esq, Mr. Webster, Mr. Welles, Mr. Whiting, Mr. Swayne. [Deputyes :] — Mr. Taylcott, Andrew Bacon, Mr. Chap- line, Robert Rose, John Edwards, John Robins, Mr. Rocester. Those of Wethersfield who conceaue theselues to be vnder some wronge in caring of Church and Towne occations, they are ordered to gather vp the pi'ticuler greiuences or wrongs and p^sent them w^^ their names to the Gou"" & Deputy, wt^in three weekes, who are desiered to send a coppy thereof to Mr, Smith, who is to returne his answer w^^in three weeks, that the differences may be ripened ag^ the Court in Septeber, and a finall end put thereunto. Mr. Hopkins is desiered to pi^forme the searuice to be one* * At the first meeting of the Commissioners of the United Colonies, in September following, " an order from the Generall Court of Connectacutt was presented and read, dated at Hartford, the fifth of July last, by which it appears George Fenwicke Esq. and Mr. Edward Hopkins were chosen Commissioners for that Jurisdiction." (Rec. of U. Colonies.) The name of Mr. Fenwick does not appear in the record of the General Court ; — but the appointment of Mr Hopkins as " one of the Committee" seems to imply the recognition of Mr. F. as his associate. The latter represented the 'Lords and gentlemen,' his fellow propri- etors under the Earl of Warwick's Patent ; as whose agent he maintained the Fort and plantation at Saybrook and claimed the jurisdiction of the lands upon the Connecticut. The agreement between Mr. F. and the General Court, by which Saybrook was ceded to Connecticut was not executed until December, 1644. OF CONNECTICUT, 91 of the Comittee for this Riuer, to goe to the Bay to agitate the businesses of the Combination, according to the agreement be- twixt the vnited Colonyes, the first Thursday in Septem., if his shippe occations be then ouer, otherwise the Gour is desiered to supply the place, and to treate and conclude touching ap- peales in such Cases as shall be by the Comission''s judged ne- cessary. Whereas there hath bine great neglect by the plant[ations] in not pi'uiding powder according to order of Court, It is now Ordered, that if the seuerall Townes shall not p^uide their seui^all quantityes, according to former Order, by the Court in Septe., all the former forfetures shall be leuyed vppon the w^hout delay. It is Ordered, that there shall be liberty for a Markett to be held att Hartford weekely, euery Wensday, for all manner of comodityes that shall be brought in, and for cattell, or any mar- chandise w^^soeuer. Mr. Webster and Mr. Whiting are desiered by the Court to answer the petition conserneing the makeing pitch and tarre. It is Ordered, that Mr. Huit and Mr. Styles shall be cauled to the next generall Courte, to answer for their miscaridge in their petition formerly giuen into Courte. It is Ordered, that ech Towne chuse two surueyors yerely, to looke to the highwayes, who shall haue liberty to call out euery Teeme & pi'son fitt for labour, in their course, one day euery yeare, to mend the said highwayes wherein they are to haue a spetiall regard to those Comon wayes w<=h are betwixt Towne and Towne. The chardge hereof is lefte to the pnicu- ler Townes for the p''sent, to be ordered according to their owne rules, & in case any surueyor shall not attend the said searuice by cauleing out the teemes & p^sons aforesaid, where need is, he shall forfeit 5s. for euery offence. [109] It is Ordered, there shall be a Grand Jury of 12 p^sons warned to appeare eu*" Court yerely in Septeber, or as many &c oft as the Gouernc or Courte shall thinke meet, to make p''sent- ment of the breches of any lawes or orders, or any other mis- demeanors they know of in the Jurisdiction. Mr. Chaplin shall haue a coppy of the creditors &; debtors to Mr. Oldoms estate, and is to inquire of the debtors to who they haue paid & to make returne to the next p^ticuler Court. 92 PUBLICRECORDS The Tresurer is to haue a noate to take vppe the Fynes. Whereas, the p''spi'ity and well being of Comon weles doth much depend vppon the well gouerment and ordering of pi'ticu- ler Familyes, W^^ in an ordinary way cannot be expected where the rules of God are neglected in laying the foundation of a family state ; For the p^uention therefore of such evells and inconueniences, w^h by experience are found not only to be creepeing in but practised by some in that kynd, It is Ordered, that no pi'son whatsoeuer, male or female, not being at his or her owne dispose, or that remayneth vnder the gouerment of parents, masters or gardians or such like, shall ether make, or giue entertaynement to any motion or sute in way of mariedge, wthout the knowledge and consent of those they stand in such relation to, vnder the seuere censure of the Courte, in case of delinquency not attending this order ; nor shall any third p'son or pi^sons intermedle in makeing any motion to any such w^hout the knowledge and consent of those vnder whose gouerment they are, vnder the same penalty. Mathew Allen pi*, agt Rich: Fellowes defS in an ac. of the Case, to the damage of 20s. The said Mathewe Allen acknow- ledgeth himselfe to be bownd to the Cuntry in a Recognizance of 10/. to pi'sent the said Rich : Fellowes, the next Court. [110] SEPTesER THE 4th, 1643. [J. P'-ticuler Courte.'] John Heynes Esq^, Gou^. Mr. Welles, Mr. Webster, Mr. W. Swayne, Mr. Woolcott. [The Jury:] Tho : Ford, Will' Wodsworth, Nath : Richards, John Hopkins, Arther Smith, John More, Will' Heiton, Josua Carter, Samuell Smith, Tho; Wright, Samuell Hale, Andrew Longdon. In the ac. of Math : Allen plS ag* Rich : Fellowes defend the Jury find for the deft, chardges of Court & Vmd. for powndage. In the ac. of Math: Allen pit, agt Nich: & Will' Clarke defts, the Jury find for the pit, damages 3/. 3s. 4c?. & costs of Court vij5. The ac. of Math : Allen pit, agt Tho : Olcott is forborne vntill the next Court. OPCONNECTICUT. 93 In the ac. of John Robins plS agt Tho : Holibut defend the Jury find for the pi*, damages 255. & costs of Court. Tho : Ford pl't, as assigne to Edward Smith, agt Tho : Marshfield deft, in an ac. of debt to the dainage of 30/. 135. 4c?. Roger Ludlowe Esqs pit, agt Will' Whiting deft. SEPTeBER THE 14t*i, 1643. A Generall Courte. John Heynes Esq"", Gou'. Mr. Webster, Mr. Welles, Capten Mason, Mr. Swayne, Mr. Woolcott. Mr. Steele, Mr. Taylcote, Mr. Westwood, Andrew Bacon, Mr. Hill, Mr. Stoughton, Mr. Hull, Will' Gaylard, Mr. Chapline, Mr. Robins. The Courte is adiorned for a month. [112] Septcber the 15th, 1643. Jo; Heynes Esq"", Gou"". Ed : Hopkins Esq"", Deputy. George Willis Esq^, Mr. Webster, Mr. Welles, Mr. Whi- ting, Capten Mason, Mr. Swayne, Mr. Woolcott. [Deputies :] Mr. Steele, Mr. Talcott, Mr. Westwood, An- drew Bacon, Mr. Hill, Mr. Hull, Mr. Stoughton, Will' Gaylard, Mr. Chaplin, Mr. Robins, James Boosy, Sam- uell Smith. The Grand Jury. Mr. Phelps, Jur; Willia Pantry, Rich- ard Webb, John Pratt, Nath : Waird, John White, Mr. Trott, Mr. Parke, Mr. Chester, Nath: Foote, Nath: Dickinson, Tho : Ford, Mr. Clarke, Mr. Porter, Mr. Terry; Jur. The Court adioyrned for a month. October the 12th, 1643. John Sadler was to be warned to the next Generall Court. Whereas Mr. Hopkins, Mr. Willis & Mr. Whiting have pi'm- ised to vse their best endeauors to p^uide fower barrells of pow- der, It is Ordered, that Wyndsor shall take ofFe two barrells. 94 PUBLICRECORDS y Hartford one barrell and Wethersfield one, yf yt may be had, & to make the best pay the Country afords to sute the occa- tions of the pnyes that p^uide yt. It is ordered, that Wyndsor shall haue for the p^sent 30/. of powder out of the Comon stocke, w^h they are to restore so soone as they can pi'uide. It is Ordered, that Mr. Talcott and Andrewe Bacon are to take a record of the debts of the Country oweing in Hartford, Mr. Woolcott & Mr. Hill for Wyndsor, James Boosy for Weth- ersfield. Mr. Whiteing and Capten Mason are to examine whether the Country or some p^'ticuler pi'son are to dischardge the debt due to Roger Anadowne. Mr. Hopkins, Mr. Whiteing and Capten Mason are to pJ'sse eight souldiers w^h suflicient arms and pJ'uisions to be sent to Mohegen to defend Vncas,* and to doe such seruice in building or otherwise as shall be thought meet, and there to remayne as the said comittee shall see cause. It is ordered, that the Gou'^nor or deputy, or any two Magis- trats, vppon any sudden occation or eminent daynger may presse men and munition for a defensiue warre or to garde & defend the Country in their necessary occations or passage fro Towne to Towne. Also, the deputyes in the seuJ'all Townes are desiered to call their p^^ticuler Townes togather, to take Order w^^in theselues to be in a posture of defence vppon an alaru, that the seu^uU souldears may know to what quarter to resorte and where to stand vppon their p^sent defence. Richard Lordf for his miscariedge in draweing his sowrd and vseing thretening speeches in contending w^h Tho : Stan- tonf about tradeing for indean corne, is fyned to pay to the Country fiuef pownd. * The Commissioners of the United Colonies (who were at this time in session, at Boston,) having decided upon dehvering up Miantonimo to be murdered by liis captor, Uncas, (" that so execution may be done according to justice and prudence,") were apprehensive that the Narra- gansetts, or some of the neighboring tribes, allied with or tributary to the Narragansett Sachem, would seek to revenge his death. They therefore directed that measures should be taken to pro. vide for the defence of the Colonies, and "that Hartford furnish Vneas with a competent strength of English to defend him against any present fury or assault of the Narragansetts or any other." {Records of U. Colonies.) t The names of Richard Lord and Tho. Stanton, and the word ' flue,' have been partially ob- literated, by drawing a pen across them, at a date evidently long subsequent to that of the record. ' OF CONNECTICUT. 95 It is Ordered that there shall be a rate of forty pownd leuied, to be paid to Mr. Fenwicke, to be laid out for the repaireing the Fort. For the avoyding of many differences and quarrells that may arise by takeing vppe debts of Indeans, It is Ordered, that who- soeuer, after the publisheing this Order, shall sell for day, or trust any Indean or Indeans w^^ goods or coinodityes, shall for- feit to the Country the double some or value of what they do betrust them w^^^all ; and that no man shall trade w'^ them at or about their wygwams, but in their vessells or Pynnaces or att their owne bowses, vnder the penalty of 205. ech tyme. To pf'uent or w^^stand such sudden assaults as may be made by Indeans vppon the Sabboth or lecture dayes. It is Ordered, that one p»'son in euery seuerall howse wherein is any souldear or souldears, shall bring a muskett, pystoll or some peece, w'h powder and shott to ech meeting, excepte some on Magistrate dispense w^^ any on, and appoynt some other to supply his roome. Jacob Waterhowse doth acknowledge himselfe bownd in a recognizance ot Fifty pownd, to attend the next Court to an- swer for his mysdemeanor towards the Indeans. The Court is adioyrned vntill Thursday next. [113] A P^TicuLER Court, held the ix^^ of No : 1643. John Heynes Esq'', Gou"^. Ed : Hopkins Esq^, Dep.^ Roger Ludlowe Esq^ George Willis, Mr. Webster, Mr. Welles, Mr. Whiteing, Capten Mason, Mr. Woolcott, Mr. Swayne. The Jury. Mr. Tailcott, Tho : Osmore, Ed : Stebbing, John Barnard, Arther Williams, Mathewe Sension, Tho: Dewey, Tho : Orton, Tho : VfToote, Samuel Hales, Rich- ard Parke, John Demon. In the action of Nathaniell Dickinson pi*, agt John Robins defent, the Jury find for the del ^ Costs of Court vij5, In the ac. of Nathaniell Eldredge plS agt Tho : Marshfield, the Jury find for the pi*, the debt and costs of Court, xZ. 96 PUBLICRECORDS In the ac. of Tho : Ford plS as assigne to Ed : Smith, agt Tho : Marshfield deft, the Jury find for the plS the debt & costs of Court. The debt, 30/. 135. 4.d. In the ac. of Math : Allen pi* agt, Tho : Olcocke deft, the Jury find for the plS damages six pownd, fine shillings, and costs of Court. In the action of Roger Ludlowe Esq^ pi*, against Willia Whiteing gent, defend the Jury find for the plS dainages thirty- nyne pownd, and costs vij5. Willi' Lewes his fyne is to be paid at these seui^all tymes, vizt. 5/. the 20^11 of March, and 5/. the 20^^ of Septeber, and the other xZ. three months after. [114] No: xth, 1643. A. Generall Court. John Heynes Esq"", Gou"". Ed : Hopkins EsqJ", Dep. Roger Ludlowe Esq^, George Willis Esq"", Mr. Webster, Mr. Whiting, Mr. Welles, Capten Mason, Mr. Swayne, Mr. Woolcott. Deputyes : Mr. Steele, Mr. Talcoate, Mr. Westwood, Andrewe Bacon, Mr. Hill, Mr. Hull, Mr. Stoughton Will' Gaylard, Mr. Chaplin, Mr. Robins, Samuell Smith, James Boosy. Whereas in the fundamentall Order* yt is said (that such who haue taken the Oath of fidellity and are admitted inhabit- ants) shall be alowed as quallified for chuseing of Deputyes, The Court declares their judgement, that such only shall be counted admitted inhabitants, who are admitted by a generall voate of the mayor pi'te of the Towne that receaueth them. Whereas y t is obsearued that the late Order for on in a Fam- ily to bring his Arms to the meeting house euery Sabboth and lecture day, hath not bine attended by diuers pi^sons ; It is now Ordered, that whosoeuer hereafter shall at any tyime neglecte the same, shall forfeit xij^f. for euery neglect, whereof vie?, to the prty that shall informe and V\d, to the Country. * See page 23. [Or. 224.] OFCONNECTICUT. 97 It is Ordered that all the souldears in the severall Tovvnes w^Hn this Jurisdiction shall be trayned sixe dayes yerely* as they shall be appoynted by the Capten or other officer, Viz*, one day in the first weeke of these seuerall months here men- tioned, Mai'ch, April], May, Septeber, October & Noueber; and if the day appoynted pi'ue unseasonable, the Officer is to ap- poynt the next fayer day. The hower to begin is eight of the clocke. And whosoeuer shall be absent any of the said dayes after the hower lymited, or shall not continue the whole tyme shall forfeit 2s. vi^. for euery default, excepte such as are lycen- sed vnder the hands of two magistrats. The Clarkes of the seuerall bands are to distreyne the delinquents w^^^in 14 dayes after the forfeture, and to take vid. for theselues, the remaynder to be for the mayntenance of drums, cullers & such like ; and If any of the said Clarks shall omit to distreine any delinquent for the said terme of 14 dayes, shall forfeit to the Country the double some. The Capten and officers shall haue liberty to re- lesse such as they approue for expert souldears for halfe a day, at any time. Mr. Ludlowe is desiered to call forth the soul- dears of the Towns vppon the sea cost, to see the exercise as aforesaid, vntill there be some fitt officers pi'uided. Mr. Chaplyn, for diuulgeing and setting his hand to a writing cauled a declaration, tending to the defamation of Mr. Smith, is fyned to pay to the Country xi^. Frances Norton, for setting his hand to the said writeing, is fyned 5/. John Goodridge also, for setting his hand to the said writeing is fyned 405. Mr. Plum, for p^ferring a rowle of diuers greuinces agt Mr. Smith & fayleing of proufe in the p^'secutio thereof, is fyned xl. Robert Rose for joyneing w^^ Mr. Plum therein is fyned 40s. Its concluded that a writeing shall be p^pared and openly read in the seuerall Townes, for the clereing Mr. Smith, and an Order made of ten pownd fyne for whosoeuer shall be conuicted vnder two witnesses to diuulge any the said greiuences to his defamation. The Court is adiurned vntill Wensdey com seuennight. * " It is judged meet by the Commissioners that there be trayneings at least sixe tyiiies eule yeare in each Plantacon w Hu this confederacoc.*' (Rec. of U. Colonies, Sept. 1643.) 10 98 PUBLICRECORDS Mr. Webster and Mr. Welles are to take vppe of the Tra- ders for Indean corn, the forfetures due to the Country. Wensday the *day of No: 1643. Its Ordered, that there shall be a Rate of 150/. levied vppon the three Towns, w^h is to be p^portioned by Mr. Taylcott and Andrewe Bacon, Mr. Hill, Willa. Gaylard, Mr. Chaplin and James Boosy. The Gouernor and Deputy are desiered to examine the Tres- urers accoumpt and to assigne the bylls for the Country debts, what shall be alowed. Its Ordered that the plantations shall keepe a day of humil- iation vppon Wensday com three weeks. Mr. Branker is freed fro watching & warding. [115] Whereas many clamors haue bine raysed & spred through seui'all pi"ts of the Country, of some indirect pi^ceedings of Mr. Smith of Wethersfield, both in Church administrations & in acting in the ciuell occations of the Towne, whereby the peace of the Coihon welth was disturbed, W^^ gaue occation to the Court to giue liberty to all who had any iust greiuences in ether kynd agt him to p^duce them in publique, and to apoynt a tyme for hereing and determining the same, w^^ accordingly was attended by seuerall in that Towne, and many complaints made, wherein Mr. Smith was accused and judged by the to lye vnder much guilt. But vppon a full heareing of all that was aleadged by any in mayntenance of their accusations, It was found that most of their accusations were mistaks, wherein Mr. Smith was much wronged, both by false reports and vniust sur- mises. It was therefore, by vnanimos consent of the whole Court, Ordered, for pi'uention of the further spreading of the said reports w^h tend so much to the pi'iudice of the publique peace and th' aparent wrong of Mr. Smith, That whosoeuer w^^in this jurisdiction shall hereafter be conuicted by the testi- mony of two witnesses, to continue or renewe any of the for- mer complaints (most of the said greiuences haueing bine also formerly hard by the magistrats and elders,) wherein he hath • Blank in the original. , OFCONNECTICUT. 99 bine clered by this Court, shall forfeit to the Country ten pownd for euery such offence. January 3^, 1643. The Courte takeing the state of o"^ natiue Country into con- sideration haue Ordered, that there shall be monthly a day of humiliation keept through the Plantations, according to the course of o'' neighbours at New hauen, and to begin vppo Wensday the x^^ of this month. Mr. Fenwicke is p^pownded to stand in election for a Magis- trate, the Court in Aprill. The Gou"" & Deputy are desiered to returne an answer to the request of the Ilanders, signified by their letter p^sented to the Court. Gyles Whiteing is dismissed fro trayneing & is content to pay I2d. euery trayneing day, to the Clarke of the land, to- wards the mayntenaunce of drums & cullers. The Court is adiorned for sixe weekes. [116] Feb. 14*^, 1643. John Heynes Esq"", Gou"^. Ed: Hopkins Esqs Dep. George Willis Esq--, Mr. Webster, Mr. Whiteing, Mr. Welles, Capten Mason, Mr. Woolcott, Mr. Swayne. [Deputyes :] Mr. Steele, Mr. Talcott, Mr. Westwood, Andrewe Bacon, Mr. Hill, Mr. Hull, Mr. Gaylard, Mr. Stoughton, Mr. Chaplin, Mr. Robins, Samuell Smith, James Boosy. Nath: & Elizabeth Willet pits, agt Benedict Alueret defen*, in an ac. of debt to the damage of 12/. Math: Allen pi*, agt Tho: Steynton defen*, in an ac. of the Case. All p^sons that can bring in sufficient proufe that they are aboue 60 yeares of age, are freed fro watching. Whereas yt is obsearued that many differences arise fro the inequallity of measures that are vsed amongst vs, for the pi'uent- ing whereof. It is Ordered, that the Clarks in the seuerall 100 PUBLIC RECORDS Townes w^h are appoynted for the fixeing the said measuers shall once in euery yeare appoynt a certen day and place & giue notice to the Inhabitans to bring in their measures to them to be tryed and compared w^h the standard ; and they shall haue 3d. for the first fitting and sealeing ech measuer, and 2d. for euery tryall and sealeing, pi^uided that non be sealed but of seasoned wood ; and it shall not be lawfull for any p^son w^hin these libertyes to sell by any other measure but such as are sealed, and whosoeuer shall fayle to bring in his measure to the said Clarke at the tyme & place appoynted shall forfeit 12c?. for euery default, wcii forfetures shall be gathered by the said Clarks, and they shall haue 4d. in the shilling to theselues ; and if vppon tryall any measure be found to little they shall cutte out the scale. They are also to size & scale all yards and wayghts. Forasmuch as many laborers and workemen complayne that they are forced to put offe their Corne w^h they receaue for their worke to seuerall Chapmen, for comodityes, at a cheper rate then they take yt att, For the p^uenting whereof, It is now Ordered, that whosoeuer wt^in these libertyes shall sell any Coinodityes or make any bargaine to be paid in Corne, after the publisheing this Order, shall take the said Corne att the Country rate. [117] Whereas many complaynts are brought into the Court by reason of diui's abuses that fall out by seuerall p^sons that sell Wyne and strong water, as well in vessells on the Riuer as also in seuerall bowses, for the pi'uenting whereof yt is now Ordered, that no p^son or p'sons, after the publisheing this Order, shall nether sell Wyne nor strong water in any place w^^^in these libertyes, wt^out hcense fro the p^'ticuler Court or any two magistrates. Whereas the Condition of these seuerall Plantations in these beginnings wherein we are, is such that necessity constraynes to improue much of the grownds belonging to the seuerall Townes in a comon way, and yt is obsearued that the publique & generall good, w^h ought to be attended in all such improue- ments, receaues much p^iudice through waint of a prudent ordering and disposeing of those seuerall Comon lands to such wayes of improuement as are most p^'p'' to the, and may best aduance the publique good, It is therefore Ordered? OF CONNECTICUT. 101 that ech Towne shall before the sitting of the next Court, chuse fro among theselues seaven able and discreet men, who by this Order haue power giuen the, and are required to take the comon lands belonging to ech of the seu^'ail Townes respectiuely, into serious and sadde consideratio, and after a through disgesting of their owne thoughts, sett downe vnder their hands in what w^ay the said lands may in their judgement be best improued for the comon good. And whatsoeu"" is so decreed & determined by the said 7 men in ech Towne, or any fiue of the, conserne- ing the way of improuement of any such lands, shall be at- tended by all such pi"sons that haue any p^priety or interest in any lands that shall be so iudged by the said Comittee. And whereas also, much damage hath risen not only fro the vnrulynes of some kynd of Cattell but also fro the weaknesse & insufficiency of many fences, whereby much variance and^ difference hath followed, w^^ if not p^^uented for the future may be very p'iudiciall to the publique peace ; It is therefore likewise Ordered, that the said 7 men soe chosen, or at lest 5 of the, shall sett downe what fences are to be made in any Comon grownds, and after they are made to cause the same to be vewed, and to sett such fynes as they iudge meet vppon any as shall neglect or not duly attend their Order therein. And when fences are made and judged sufficient by the, whatsoeur damage is done by hoggs or any other cattle shall be paid by the owners of the said cattle, w^hout any gaynesaying or releife by Repleivy or otherwise. And the seui'all Townes shall haue liberty once euery yeare to alter any 3 of the former 7, and to make choyse of others in their roome : It being p^uided that any p^ticuler man or men shall haue liberty to inclose any of their pi'ticuler grownds, and improue the according to their owne discretio by mutuall agreement, notw^^standing this Order. [118] [A Pi'TICULER CoURTE.*] John Heynes Esq"", Gou"". Ed : Hopkins Esq^ Dep. * The date is not given. 10* 102 PUBLICRECORDS George Willis Esq"", Mr. Webster, Mr. Whiting, Mr. Welles, Capten Mason, Mr. Woolcott. The Jury : — Ed : Stebbin, John Edwards, John Stadder, John Cattell, John Wastoll, John Byssell, Water Fyler, John More, Henry Woolcott, Will' Wadsworth, Andrew Bacon, Will' Gybbins. Henry Woolcott pi. ag* Bray Rocester def^ in an ac. of the Case, to the damage of 5Z. John Dymon pi. ag* Tho : Gunne def^ in an ac. of tres- passe for Fals Imprisonment. John Dymon pi. ag* Edward Presson defS in an ac. of the Case to the damage of vij/. Ed : Presson pi. agt Will' Perwidge deft, ii^ an ac. of the Case to the damage of x/. Tho : Steynton pi. agt Tho : Crump deft, in an ac. of Slaunder. Jaruis Mudgge Nath : & Eliz : Willet pi. agt Benedict Alueret deft, in an ac. of debt to the damage of 12/. Math : Allen pi. agt Tho : Steynton deft, in an ac. of the Case, 28s. damage. Mr. Will' Whiteing pi. agt Tho : Bassett defend in an ac, of the Case to the damage of yI. \Qs. Mr. Will' Whiting pi. against Dauid Wilton deft, in an ac, of the Case to the damage of hd. In the ac. of Math: Allen pi. agt Tho: Steynton deft, the Jury find for the pi. damages 28s. & Costs of Court. Execu- tion graunted. In the ac. of Willia Whiteing pi. agt Tho : Basset deft, the Jury find for the pi. dainages bl. and Costs of Court. In the ac. of Nath : & Eliz : Willet pi. agt Benedict Alueret deft, the Jury find for the pi. damages 5/. & 2d. and Costs of Court. Tho : Hurlbut his fyne is respited, vppon Peter Bassakers tryall to make nayles wt^ less losse and at as cheape a rate, then he is to duble the fyne, otherwise to be quit. OF CONNECTICUT. 103 The Jury find that John Ewe, by misaduenture, was the cause of the death of Tho : Scott. The said John Ewe is fyned to pay fine pownd to the Country and ten pownd to the Wyddowe Scotte. [119] The Court of Election, Aprill, 1644. Edward Hopkins Esq"", Goui'. John Heynes Esq^, Dep. George Fenwicke Esq^, George Willis Esqr, Roger Lud- lowe Esqr, Mr. Webster, Mr. Whiting Tres\, Mr. Welles Sec, Capten Mason, Mr. Woolcott, Mr, Swayne- Mr. Steele, Mr. Talcoat, Mr. Westwood, Andrew Bacon, Mr. Trott, James Boosy, Nath : Foote, Sa : Smith, Mr. Hill, Mr. Hull, Mr. Gaylard, Tho : Ford. Vppon the petition of Benedict Alfford for reliefe ag* the verdict giuen in by the Jury at the sute of Nath : Willet pL It is Ordered, that judg*^ shall be respited till the Court put an issue thereto. Its the appi^hension of the Court that the damages & Costs of Court mentioned in the petition of Benedict Alford, that yt shall be layd vppon Marshfields estate, by the p^'portion of other creditors, and what that falls short shall be borne by the said Benedict & Mr. Woolcott & Nath: Willet by equall p^portions. The Courts adioyrned to the second Thursday in May. May the ixth, 1644. The Court is adioyrned vntill Munday, the third of June, eight of the clocke, vnder the penalty of 2.:i> now is," suggests that " If therefore it were commended by you, & left to the freedome of cu'ie family w'='' is able & willing to giue, throughout the Plantacons, to give yearly but the fourth part of a bushell of come or something equivalent thereunto, — and f-. Jo: Heynes Esq^ Dep. Mr. Webster, Capten Mason, Mr. Welles, Mr. Woolcott. Mr, Steele, Mr. Talcoate, Mr. Cullicke, Mr. Westwood, Mr. Hill, Mr. Hull, Mr. Trott, James Boosy, Sa: Smith. Whereas through the blessing of the Lord vppo the payne- full endeauors of these Plantations, incouridgement hath bine giuen for the rayseing some quantity of corne, whereunto many haue addicted theselues vppon hopes of receaueing some com- fortable supply to their necessityes thereby ; But p"'tely through waint of op'^tunity and fitte instruments to transport the same into forraigne p'^ts, and partly the aduantages that haue bine taken fro the multitude of sellers and their pinching necessityes, the rate and price of corne is so little and the comodity so vn- auaylable for the attaynement of such supplyes as are most sutable to mens needs, that much discouridgement falls vppon the spirits of men in such imployments, w^h is like to be more and more increased if some course be not taken for the finding some other way of trade for corne then hath bine hitherto at- tended, whereunto not only our owne necessityes call vs, but the complaints of the other CoUonyes, both of the Masachu- setts and Plyihoth, by their Comissioners, who looke vppon the- selues as much pi'iudiced by our ouerfilling their marketts, require the same at our hands ; It is therefore, by generall consent, Ordered, and also agreed w^^ the p^tyes hereafter mentioned, that noe Englishe grayne shall for the two next yeres ensueing be sould to any out of this Riuer, but Edward Hopkins Esq"^ and Mr. Willia Whiteing and such other Marchants as they shall take to the, who do vndertake to endeauor the transpor- tatio thereof into some p^ts beyond the seas, and to make such improuement of the rest as op^'tunity of these p^'ts shall p^sent, and to pay to the seuerall owners 4.s. p' bush, for wheat, 35. p"" bush, for Rye, and 3s. p^ bush, for pease ; and it is pJ'uided that halfe of that w^h is transported this p^'sent yere, if yt be sent into England, the aduenture thereof, in case the ship be taken or otherwise miscary, shall be borne by the owners thereof; the payment for the said corne to be made by the said Marches at OF CONNECTICUT. 117 the returne of the shippe, or so soone as returns may any other- way be made, and to be paid in the best and most sutable Eng- hshe comodityes that may be p^cured for the necessary support of these plantations ; they are not to receaue fro, nor be ac- coumptable to, any owner, vnder a 100 bush. And it is by general! consent Ordered, that whosoever vppon this Riuer shall sell or send out any Englishe corne, vnles such as shall appeare at this p^sent tyme to be truly and w^^iout deceipte in- gaged, but to the foresaid company of Marches, shall forfeit the one halfe of such graine so sould or sent out contrary to the true meaneing of this Order ; and halfe of the graine so for- feted shall be to the p^pr vse and behalfe of he or they that shall discouer the same deceipte, and the other halfe to the Country : pi'uided that any the Inhabitants of these Plantations may sell or exchaynge the said Englishe graine among theselves notwi^ii- standing this Order. [133] * In the absence of the Officer of the Court, the Con- stable of the Towne shall searue Executions. Ed : Harnson for diuulgeing slaunderous speeches ag^ Mr. Chester is fyned 5/. to the Country. William Phillips pi. agt Tho. Waples. [134] Feb : 5th, i644. Ed: Hopkins Esq', Go^. Jo: Heynes Esq"", Dep. Mr. Whiting, Mr. Webster, Mr. Welles, Capten Mason, Mr. Woolcott. Mr. Steele, Mr. Talcoat, Mr. Westwood, Mr. Cullicke, Mr. Hill, Mr. Hull, Mr. Gaylard, Mr. Clarke, Mr. Ollister, James Boosy, Sam: Smyth. Whereas some question hath rysen concerneing vnnessary tryalls by Jury, and found by experience that many such suts might be pi'uented if arbitrations were attended in a more pri- uat way, according to the nature of the differences, w^h is recomended by the Court to all the Towns of this Gouerment ; *The two entries following are repeated from^page [131.] 118 PUBLIC RECORDS And for the regulateing of Juryes for the future, It is Ordered, that in all cases W^^ are entered vnder 405, the sute shall be lefte to be tryed by the Court of Magestrats as they shall judge most agreable to equity & righteousnes; and that in all cases that are tryed by Juryes, the Court of Magestrats shall haue liberty, if they doe not conceaue the Jury to haue pi'ceeded according to their euidence, in their verdict giuen in, to cause them to returne againe to a second consideration of the case, and if they continue in their former opinion and doe not in the judgement of the Court attend the euidence giuen in Court, it shall be in the power of the Court to impanell another Jury and comitt the consideration of the case to the. It is also lefte in the power of the Court, in any case of tryall to vary and alter the damages giuen in by the Jury, as they shall judge most equall and righteous. But if any find theselues agreiued, ether by verdict of Jury, or pi'ceedings of Court, they haue liberty to apeale to the Gen- erall Court. It is also left to the magestrats to impanell a Jury of sixe or twelve, as they shall judge the nature of the case' to require, but no jury shalbe vnder sixe, and if 4 of the agree, or 8 in a Jury of 12, the verdict shall stand as if the whole nuber of ether did agree. It is also Ordered, that the Towns shalbe at liberty to abate two of the 7 men formerly appoynted for the dispose of grownd and Ordering of Fences. The former Order, concerneing the pryses of corne is re- pealed, and it is Ordered, that for all bargens hereafter made to be paid in Corne, and for the worke of men and cattle, wheat shall be payable at 4s. p' bush., rye at 3s., pease att 3s., and Indean att 2s. rid. pfuided yt be marchantable corne. For the p^^uenting of differences that may arise in the owne- ing of Cattle that be lost or stree away, It is Ordered, that the owners of any Catle w^hin these Plantations shall earemarke or brand all their Cattle and swyne that are aboue halfe a yeare old (except horsses) and that they cause their seuerall marks to be registred in the Towne booke; and whatsoeuer cattle shall be found vnmarked after the first of May next shall forfeit 5s. a head, whereof 2s. vie?, to him that discouers yt, and the other to the Country. OF CONNECTICUT 119 Whereas yt is expressed in the late bairgen made w^h the Marchants, that there shalbe noe EngUshe grayne sould out of this Riuer to any other, It is the judgement of the Court and so Ordered, that whatsoeuer wheat shalbe grownd into meale or made into biskett, that all such meale and biskett shall com [135] vnder the said bairgen, as || also malte made of barly, pi'uided the said Marchants giue for such molte an answerable price to other Chapmen. ; Whereas it is said in the fundamentall Order,* that the Gen- erall Court shall consist of the Gouernour or some on chosen to moderate and 4 other Magistrats at lest, It is now Ordered and adiudged to be alawfull Courl, if the Gou'' or Deputy w^h other Magistrats be p'"sent in Court, w^^ the mayor part of deputyes lawfully chosen. But no act shall passe or stand for a law, w^^ is not confirmed both by the mayor part of the said Magistrats, and by the mayor p^te of the deputyes there pi'sent in Court, both Magistrats and deputyes being alowed, eyther of the, a negatiue voate. Also the pi'ticuler Court may be keepte by the Gouernour or Deputy w*^ f other Magistrats. Whereas vppon an agreement lately contracted J by some deputed by this Jurisdiction w^h George Fennicke Esq"", for and concerneing the Fort att the Riuers mouth, w^h th'apurten- ances and disbursements expended there by himselfe and others, this Jurisdictio is ingadged to pay to the said George Fenwicke Esq"", two pence p^ bush, vppon all graine that shalbe exported out of this Riuer for tenn yeares ensueing, after the first of March next, and six pence p"" C^ vppon all biskett that shall in like manner be exported, as by the said agreeement doth and may more fully appeare ; For the p^uenting of all abuses and indirect courses that may be attempted or taken by any in euadeing the foresaid payment and that the same may be truly and exactly pi'formed, according to the true intent of the said agreements. It is Ordered by this Court, that noe grayne or byskett shalbe laden by any aboard any vessell in this Riuer, *Page [226] 24. t In the record of the fundamental Orders as amended, in [Vol. ii. p. ] this blank is filled with the word three. t The articles of agreement bear date Dec 5th, 1644. They were not placed upon Record however, until several years afterward, in [Vol. ii. p. 59.] See Appendix, No. III. 120 PUBLIC RECORDS vntill they have made entry of the number of the bush, of grayne and the kynd thereof, and waight of biskett they intend to lade aboard any such vessell, and recorded the same in a booke prouided for that end and purpose, w^^ such p^^sons as by this Order are appoynted to receaue the same, vnder the penal- ty of forfeting the on halfe of all such grayne or biskett that shalbe laden wt^out entring of the same as before ; the on halfe of that w^h is so forfeted, to be to the vse of the Country, and the other halfe to him who shall discouer the same and informe. And it is Ordered, that euery man who lades any such grayne or biskett, shall take care and prouide that there be paid to Mr, Fenwicke or his assignes att Seabrooke, the two pence p"" bush. and sixe pence p^" Ct, for all graine and biskett so laden by them, so neere as may be in the same kynd of graine as is laden by them, or if otherwise, to the content of him or his assignes ; the laders of the said corne being lefte notw^^standing, in all bargains for corne made before this time, to compownd or agree w^h those fro whom they receaued the corne so sent away, or in case of difference, to take any other lawfull course to haue the said chardge of two pence p"" bush, determined vppon who, ac- cording to the rules of equity and righteousnes, yt ought lastly [justly ?] to fail, for the payment thereof And it is further Ordered, that no vessell exporting corne or byskett, shall depart from any of the seuerall Townes vppon this Ruier, vntil the M^" thereof, or some fro him, haue taken a [136] noate vnder the hand of him || that is deputed by this Court for that searuice in the severall Townes, of what quanti- ties of corne or biskett is laden aboard the said vessell, W^^ noate or noats shalbe deliuered by him to Mr. Fenwicke, att Seabrooke, or his assignes, and payment made of the two pence p' bush, and six pence p"" C* according to this Order, or satisfac- tion giuen to Mr. Fenwicke or his assignes for the same ; and in case any Mr shall refuse or neglecte to take the said noate according to this Order, yt shalbe lawfull for those who haue the chardge of the Fort att Seabrooke to make stay of the said vessell vntill the M^, or some fro him, haue brought a noate or certificate as is before exp^ssed. And in case any such vessell shall, in a surreptitious manner, gett free att the said Fort, w^hout a cleare dischardge fro Mr. Fenwicke or his assignes, OF CONNECTICUT. 121 eyther the vessell or the M>- thereof shalbe liable to pay fower pence p"^ bush, for all graine and twelue pence p"" C^ for all bis- kett that is exported wthout deliuery of such noate as is before exp^ssed, yf eyther the one or the other att any tyme returne agayne into this Riuer. And in regard to the conueniency of the sytuation of their bowses, being neere the waterside, wherby the foresaid Records may be made and noates pi'cured by those who yt may concerne, w^^ leste troble, Mr. Jo: Plum is appoynted and desiered to attend this searuice at Wethers- field, Edward Siebbing att Hartford and Walter Fyler att Wyndsor. And whereas further, by virtue of the forementioned agree- ments, this Jurisdiction is ingaged for the said tearme of tenn yeares after the first of March next, to pay to the said George Fenwicke Esquire twelue pence p"" ann'" for euery hogge that is killed in any of the Townes vppon the Riuer, eyther for mens pi'ticuler occations or to make sale of, as also twelue pence p"" ann"» for euery milch cowe or mare of 3 yeares old and vpp- wards, that is in any of the Townes or Farmes vppon this Riuer, twenty shillings for euery hogshead of Beuer traded out of this Jurisdiction and paste away dowue the Riuer, two pence for euery pownd of Beuer traded w^hin the lymitts of the Riuer, the foresaid payments to be made in Beuer, wampum, wheat, barly or pease, at the most conion and indifferent rates ; It is by this Court Ordered, that all the Inhabitants of this Riuer doe take spetiall notice of the said agreements and doe pay in to George Fenwicke Esq"", at Seabrooke, or to his assignes, att or before the first day of March, 1645, and so euery yeare, att or before the first day of the said month of March, vntill the tearme of tenn years be expired, such soms as shalbe due from them vppon any of the foregoing pi'ticulers ; according to the meaneing of the said agreements, or in case they be respited by the forementioned pi'sons, who are betrusted wt'i the order- ing of these payments, for a longer tyme, that they bring in such payments as shalbe due fro them, to such place or places as shalbe appoynted to them by fhe said Trustees in ech Towne, vppon 48 howers warneing or notice eyther publickely or pri- uatly made knowne and giiien. And if any man shall neglecte to make the said payments at the tyme and in the manner be- 12 122 PUBLIC RECORDS fore specified, he shall pay two pence in euery shilling alow- ance p^ month, vntill the whole due be dischardged, and shall, vppon his owne chardge, keepe the grayne or other payment to be made by him, vntill a fitt op^tunity be offered of conueying the same to Seabrooke, and this signified by the said Trustees. And it is further prouided and ordered, to p^uent all collusiue dealeing wherebj- the true meaneing of the said agrements might be frustrated, that if any man shall conceale eyther hoggs, mares, cowes or beuer, and not giue true notice to the par- tyes forementioned and appoynted by this Order to take record thereof, he shall forfeite the on halfe of what shalbe so concealed by him, or the value thereof, the on halfe of that w^^ jg go {q^. feted to be to the vse of the Country, and the other halfe to [137] him who shall discouer || and informe of any such indi- recte and deceiptfull proceedings. It is the intent of the Court, and accordingly Ordered, that euery man shall pay for such mares and cowes as are in his hands euery yeare, the first day of February, and those are to be esteemed milch cowes as haue giuen milke the yeare before. [138] A P'TicuLER Court, March the 5th, I644. Ed: Hopkins Esq"", Gou^. Jo: Heynes Esq"", Dep. Mr. Webster, Mr. Whiting, Mr. Welles, Cap: Mason, Mr. Woolcott. The Jury. Mr. Androwes, Andrewe Bacon, Will' West- wood, Will' Wodsworth, James Boosy, Sa: Smith, Nath: Dickenson, Tho: Tracy, John More, Sam: Allen, Dauid Wilton, Math: Graunt. Andrewe Bacon and George Graues testifie in Court, that they being wth Tho: Crumpe when he was sicke, not long be- fore his death, askeing him how he would dispose of his estate, he said, his debts being paid, he desiered his master would doe w*** yt as he pleased. • Ed: Hopkins Esq^, Go'', is admitted to administer the estate of Tho: Crumpe, late of Hartford, deceased. In the action of Ed: Elmor and Nath: Willett plant^ against OF CONNECTICUT. 123 Rich: Trottdefent, the Jury find for the pl^^ sixpownde, eleauen shillings and sixe pence damages and costs of Court. In the action of Tho: Steynton pi. against Math: Allen de- fen*, the Court haueing hard the witnesses, find that Tho: Steynton bought and paid for the blanketts lefte by Mr. Aliens man for Hugh the millwright, and Mr. Allen ought to repay the mony formerly taken by verdict of the Jury, yet in regard of Tho: Steyntons formerly prrutorines,*not moueing the Court for longer tyme, thereby now occationeing further treble and chardge, the Court adiudgeth Math: Allen to pay to Tho: Steyn- ton twenty shillings and the chardge of this Court, and the other chardge and losse to lye vppon Tho: Steynton. Rich: Lord being conuented before the Court for altering an execution issued out, his misdemeanor therein is looked vppon as an offence of a high nature, but conceaueing yt a sudden, inconsiderat act, and finding him much humbled and affected therewth, giueing full acknowledgement of his Offence, he is ad- iudged to pay to the County fine marke.f Daniell Porter for his former thefte is fyned xx5. The said Daniell, Willia Pantry & Rich: Lord acknowledge theselues bownd in the some of ten pownd to the Country ; pt'uided the said Daniell appeare at the Court to be held at Hartford, the first Thursday in June next, then this Recogni- zance to be voyd. The Court takeing the cariedge of Jeramy Addoms into con- sideratio, fynd his misdemeanor great, in adhereing to Tho: Osmor in his misapi^hensions about the execution, and giueing him incouridgement by pi'uoking speches to resist the officer, but espetially hispassionat distempered speches, lowd languadge & vnmannerly cariedge in the face of the Court, to the great offence of the beholders, Require him to appeare at the next p^'ticular Court, there to receaue such censure as the Court shall conceaue his misdemeanour to desearue. The Arbitration vppon the sute of Tho: Dewye pi. ag^^ Tho: Ford def', is fownd good, and Tho: Ford is to pay the 36s. awarded therein and chardges of the Courte. Peter Bassaker acknowledgeth himselfe bownd in xxl. to the Country, p^'uided if he appeare at the Court to be held in Hart- *PereniptorineBs. t A mark = 13s. 4d. 124 .PUBLIC RECORDS ford, the first Thursday in June next, then this Recognizance to be voyde. [139] Susan Coles, for her rebellious cariedge toward her mistris, is to be sent to the howse of correction and be keept to hard labour & course dyet, to be brought forth the next lecture day to be publiquely corrected, and so to be corrected weekely vntill Order be giuen to the contrary. Tho: Osmore, for some exp'ssions vsed by [him'] tending to the derogatio of the justice of the Court vppon an execution issued out of the Court, is fined vi/. 13s. 4d, Robert Bedle, for his loathsu and beastly demeanor, is ad- iudged to be brought forth the next lecture day, to be seuerely scourdged, and to be keept in the howse of correctio a fort- night longer, and then brought forth againe to be publiquely whipped, and then to be bownd to appeare at euery quarter Court to be whipped, vntill the Court see some reformation in him, &c shall see cause to release him. Walter Gray, for his misdemeanor in laboring to inueagle the affections of 'Mr. Hoockers mayde, is to be publiquely cor- rected the next lecture day. The said Walter Gree hath forfeited* [140] The Court of Election the lO^h of Aprill, 1645. John Heynes Esq"^, Gouf. Ed: Hopkins Esqr, Dep. George Fenwicke Esq^ Mag. Roger Ludlow Esqi", Mag. Mr. Whiteing, Tres'^, Mag. Capten Mason, Mag. Mr. Webster, Mag. Mr. Welles, Mag., Seer. Mr. Wool- cott, Mag. [Deputyes.] Mr. Steele. Mr. Talcoat, Mr. Trott, Mr. Ollister, Mr. Phelps, Mr. Gaylard, James Boosy, Sa: Smith, Tho: Newnton. John Byssell is freed fro Trayneing. Freemen ; Robert Bartlet, Rich: Fellowes, John Halls, Math: Webster, Jo: Welles, Tho: Barbor. * This entry remains thus incomplete. OF CONNECTICUT. 125 Whereas yt was Ordered, that the Towns should trayne 6 dayes in the first weeks of seuerall months, It is now Ordered, that the Capten may require the souldears to trayne 3 dayes att any tyme w^^in the months of Aprill, May and June, and 3 dayes in Septeber, October & Noueb"". James Boosy is chosen Clarke of the band for Wethersfield. Henry Gray of Vncowaue, for his many misdemeanors, is adiudged to be imprysoned duereing the pleasure of the Court, and to be fyned ten pownd. Jehue Burre the elder, and Tho: Barlowes are to be warned to the next pi'ticuler Court. There is a lyberty of two Fayres to be keepte yearely att Hart- ford, one vppon the second Wensday in Maye, the other the 2^ Wensday in Septeber. Whereas there hath bine much dispute about the highwaye betweene Wyndsor and Hartford, w^h hath bine lately vsed in coining through the meadowe of Hartford w*'' carts & horses, to the anoyance and pi'iudice of the Inhabitants of Hartford that haue lotts in the said meadowe. It is therefore thought meete and so Ordered, that the high waye, as for carts, catle and horsses, be stopped vppe, and that the highwaye betweene the said Wyndsor and Hartford in the vpland be well and pass- ably amended & mayntayned for a continuance, by Hartford as much as belongs to them and by Wyndsor as much as be- longs to them ; the said highwaye to be amended by ech pi'ty by sixe weeks or two months, vppon the penulty of twenty shil- lings pr weeke for that p^y that fayles ether in the whole or in pne, as long as it soe lyes not sufficiently repaired and mayn- tayned ; and at the sixe weeks end or two months end, Mr. Webster and Nath: Waird doe seriously surueye that p^te wci» belongs to Wyndsor, and that Henry Woolcott the elder and Jo: Porter doe surueye that p^'te w^ii belongs to Hartford, and certifie of the sufficiency of the said highwaye, to the next prticuler Court, who are delinquents, and the penulty to be leuyed vppon the delinquent p^ty wti^out any fauor or affijction, both for fayleing att the tyme aforesaid, as also for future the like penulty vppon the p^sentment of the insufficient mayntayne- ing thereof. The Gouernour is content to goe twice this yeare to keepe 12* 126 PUBLIC RECORDS Court at the seaside (vppon the motion of Mr. Ludlowe, in the behalfe of the Plantations there,) and hath Hberty to take what magistrate he pleaseth to assist him ; or in case his occations will not prmitt him to goe himselfe, he may appoynt some other in his steed. The Gour & Deputy w^h Mr. Whiting, Mr. Webster and Mr. Welles, are desiered to determine and settle any differences that shall arise about the 2c?. pi^ bush, to be paid for the Corne that shalbe exported. The Court is adiorned vntill the 2^ Wensday in Maye. [141] May the 13th, 1545. It is desiered that the Gou^, Mr. Deputy, Mr. Fenwicke, Mr. Whiting and Mr. Welles should agitate the busines concerne- ing the enlardgement of the libertyes of the Patent for this Ju- risdiction, and if they see a concurrence of opi'tunityes, both in regard of England * they haue liberty to pi'ceed therein, att such resonable chardge as they shall judge meete, and the Court will take some speedy course for the dischardge and satisfieing the same, as y t shalbe concluded and certified to the Court by the said Comittee or the greater p'^te of them. The Courts adioyrned to the 2*^ Wensday in July, or sooner if the Gou"" see cause to call vt. June the 5^^, 1645. The Pi^ticulee Court. Jo: Heynes Esq"", Gou^". Ed: Hopkins Esqf, Dep. Roger Ludlowe EsqJ", Mr. Webster, Capten Mason, Mr. Welles, Mr. Woolcott. The Jury. Ed: Stebbing, Leonard Chester, fyned 5s., John Robins, fyned 5s., James Boosy, John Demon, Will:' Gybbins, Nath: Elye, John Willcoxe, Huphry Pynny, Stephen Terry, Roger Williams, Jo: Banks. In the action of slaunder of Tho: Sherwood the elder, pi. agaynst Henry Graye defen', the Jury find for the plan*, costs of Court and damages twenty pownd. •This blank in the originaL OF CONNECTICUT. 127 In the 2^ action of slaunder of Tho: Sherwood the elder, pi. ag' Henry Graye defend the Jury find for the plant costs of Court and damages fower pownd. In the action of slaunder of Tho: Sherwood the elder, pl^e, agt Jehue Burre the elder, defS the Jury find for the plan*, costs of Court and damages fifteene pownd. In the action of Jehue Burre the elder, plan*, ag* Tho: Sher- wood the elder, defen*, the Jury find for the defend costs of Court. [142] Nath: Dickenson and Tho: Coleman are to take a pi'tic- ular of the estate of Mr. Parks man deceased and bring yt to the Court ; and for the wages due to him, it may be respited vntill we heare fro Mr. Parks, or his returne. Baggett Egleston, for bequething his wife to a young man, is fyned 20s. George Tuckye, for his misdemeanor in words to Eglestons wife, is fyned 40s., and to be bownd to his good behauior and to appeare the next Court. Tho: Ford acknowledgeth himselfe to be bownd in xZ. to this Coinonwelth and George Tucky in 20/., that the said George shall appeare at the next Court, and keepe good behauior in the meane season. The information agt Henry Graye read in Court, is to be in- quired into by the Magistrats that goe to Stratford, and he to continue bownd. Rich: Lord brought Maruins man* into the Court according to his Recognizance. Tho: Ford pi. ag^ Josiah Hull and Rich: Oldridge deft^ in an actio of the Case, to the damage of 30/. WilUam Edwards pi. ag^ Jonathan Rudde, vppon an attach', 2s. Gd. Will' Edwards acknowledgeth himselfe bownd in a Recogni- zance of 5/. to p^secute & make good his actio. Tho: Staples pi. ag* Clement Chaplin deft. Rysly agt Watts. Basset agt Tharpe. Chappell, the Taylar, [ag'] Southmead. * Daniel Porter. See p. [138] 123. 128 public records July the 9*^, 1645. Ed: Hopkins Esqf, Dep. Mr. Webster, Mr. Whiting, Mr. Welles, Mr. Woolcott. [Deputyes :]— Mr. Steele, Mr. Talcoate, Mr. Phelps, Mr. Gaylard, Mr. Trott, Mr. Ollister, James Boosy, Sa: Smith. Whereas Mr. Fenwicke, Capten Mason and James Boosy haue had some treaty w^^ Math: GryfFen, for fortification att the Forte, who haue reported to the Court how far they haue pi^ceeded therein, and the Court doth approue of their pi'posi- tions, and desire they would take some speedy op^'tunity for the full issueing and p^fecting the said bairgaine, and there is graunted by the Court a rate of 200/. to be leuied on the Plan- tations, towards the dischardge thereof; and Mr Talcott is desiered to assiste the said Comittee therein, and to take care for the speedy accomplishement thereof, and to p^uide any necessaryes for the carieing on the same ; the rate is to be paid in, in such grayne and att such prises as the Comittee shall agree to alowe the partyes they contracte wt*»all aboute the worke. Will' Smith of Wethersfield is chosen Clarke of the band for that Towne, and to vewe the Arms. It is Ordered that the Magestrats or the greatest p'^te of the shall haue liberty if they see cause to pi'sse men and munition for a defensiue warre, or to defend the Mohegins vntill the next sitting of this Courte. There is a Rate of 50/. graunted. [143] Mr. Fenwicke and Mr. Hopkins are chosen Comission- ers for the next meeting in September att Newhauen, and for this yeare following. Its Ordered, that there shall be a letter directed fro the Court to desire Mr. Fenwicke, if his occations will pfmitt, to goe for Ingland to endeauor the enlardgement of Pattent, and to fur- ther other aduantages for the Country. of connecticut. 129 The P^ticuler Court. July the x'^^ 1645. Ed: Hopkins Esq^. Mr. Webster, Mr. Welles, Mr. Woolcot, Mr. Whiting. Ruth Fishe, for coihitting fornicatio, is adiudged to be twice whipped, once here after the first lecture at this Towne & once at Wethersfield. Leonard Dyks, who shee accuseth to be the father of the child, is adiudged to keepe the child, and to be whipped, and vppon his refusall to submit he is to be sent to the howse of correction, there to be held to hard labour and course dyet, and what he can gett aboue the chardge of his dyet is to be keept toward the mayntenaunce of the child. John Coltman, for his misdemeanour and vnseemely cariedge toward Ruth Fishe, and disobeying the Gouernours comaund, is to be fyned fiue pownd. Math: Williams, for coinitting fornication w^h Susan Cole, is adiudged to be twice whipped and to be fyned fiue pownd. Susan Cole is to be twice whipped, once now and once at the next lecture. Mr. Allen is to respite his corne in his hand, (demaunded by the powndkeepr on the north side at Hartford,) and is to bring his action the next Court, ag* such whose fences were then open when his hoggs were impownded. The laste will & testament of Edward Vere is brought into the Court. [144] Sep: 4*^, 1645. John Heines Esq"", Go^. Ed: Hopkins Esq'. Mr. Webster, Capten Mason, Mr. Welles, Mr. Woolcott. The Jury.— Mr. Cullicke, Jo: White, Tho: Ford, Rich: Goodma, Nath: Dickenson, Tho: Coleman, Jo: Stadder, Tho: Hurlbut, Dauid Wilton, Tho: Gunne, Tho: Dewy, Robert Howard. In the action of John Robins pi. agt Leonard Chester defend the Jury find for the defen* the chardges of the Court. 130 PUBLIC RECORDS In the action of Sam: Gardner pi. against Leonard Chester deft, the Jury find for the pi. [costs of] Corte. In the action of Berding pi. against Edwards, Edwards is to pay Berding fine shillings. 55. In the action of George Chappell pi. ag* Leonard Chester, the Jury find for the def* the chardges of the Court. Bacon pi*. Will' Colefoxe, for his misdemeanor, is to be fyned xxs. George Chappell, for abuseing the Constable and excesse in drinkeing, is to be bownd to his good behauior and to be fined fiue pownd. 5/. Will' Brumfield, for drunkenes and strickeing the watchmen, is to be bownd to his good behauior and fyned fifty shillings. Mr. Chester, for resisting the Constable and other miscaried- ges in the Court, is fyned forty shillings. 40s. James Northa is bownd in 10/., Will' Brumfield in 20l, that Will' Brumfield keepe good behauior and appeare the next Court. Rich: Belding is bownd in xx/., George Chappell in 10/., that the sd. George keepe good behauior and appeare the next Court. Sep. xith, 1645. The GewH Court. Jo: Heines Esqi^, Go"". Ed: Hopkins Esq', Dep. Roger Ludlowe Esqf, Mr. Webster, Capten Mason, Mr. Welles, Mr. Woolcott. Deputyes ;— Mr. Steele, Mr. Talcoate, Mr. Ollister, Mr. Trott, Ja: Boosy, Sa: Smith, Mr. Phelps, Mr. Hull, Mr. Gaylard, Mr. Roceter, Jehu Burre, Will' Berdsly, Tho: Sherwood. Mr. Webster is desiered to cause the Constables of Hartford to bring in a iust accoumpte of all the pniculer and seu'all chardges of the late warrs,* and for the support of Vncus. Mr. * Against the Narragansetts and Niantics, for the defence and protection of Uncas and the Mohegans. This war was determined upon by the Commissioners of the U. Colonies, at a speciall session in June, 1645, and 300 men were ordered to be raised in the several colonies, of which number Connecticut was to furnish 40. But the timely submission of Pessacus, Ninegret OF CONNECTICUT. 131 Roceter to doe the like for Wyndsor, Ja: Boosy for Wethers- field. Mr. Whiting is desiered to sell the pmisions, and make pay to the souldears, and giue accoumpte for the reste. The pniculer Courte is to be held the 2^ Thursday of the next month. ^ The Goui" and Mr. Hopkins are desiered to speake or write to Mr. Fenwicke, that in regard there hath not bine a due ac- coumpte giuen in of all the corne transported this yeare, and in regard of some difficultyes by who the pay should be made in bargains made before this agreement w^h him, that this agree- ment may not begin vntill the first day of March next; bee. it is found very inconuenient to stay vessells for the deliuery of the [145] corne att the Riuers mouth, that he will assent that a || man may be chosen in ech Towne to rec. and lay vppe such corne as may be due to him vppon the said bargyne, w^h shalbe in redines to be sent him att his demaund ; and the Court doth agree that whoeur doth shippe away corne w^hout glueing due satisfaction, according to agreement, the whole shalbe forfeted, ■J to him, ^ to him that shall discou'' the fraud, ^ to him that keepeth the accoumpte of the corne in the Towne where any such grayne is shipped. The Court hath Ordered, that 30/. in wheat and pease be paid to the Gou"", and Indean corne. It is Ordered, that all the swyne, ether hoggs or shouts, in the seuerall Plantations, that are keept att home w^^in the Towne, shall by Aprill next be rynged or yoaked, or kept vppe in their yards, vnder the penulty of fower pence for euery such swyne, to be paid by the owner to the p^ty that shall take the swyne so defectiue and impownd them. Also, all such swyne that are keept by Heards, in the woods, shall not be suffered to abyde aboue on night in the Towne, but yt shalbe lawful! to impownd them in case they com at any tyme home, fro the mydle of March to the mydle of Nouember. Fayerfield & Stratford desire to be included in this Order. The Court is adiorned to Wednesday com 3 weekes. and their confederates, prevented the further prosecution of hostilities ; and on the 27th of August, a treaty of peace was signed at Boston, between the Comm'rs and the principal sachems of the Narragansetts and Niantics. (Records of U. Col., Aug. 1645.) 132 PUBLIC RECORDS October the viijti^, 1645. Jo: Heynes Esq)", Go^. Ed: Hopkins Esq"", Dep. George Fenwicke Esq^ Mr. Webster, Capten Mason, Mr. Whiting, Mr. Welles, Mr. Woolcott. [Deputyes ;]-4lMr. Phelps, Mr. Steele, Mr. Talcoate, Mr. Roceter, Mr. Trott, Mr. Ollister, Ja: Boosy, Sa: Smith. Mr. Webster is agayne desiered to call to him the Constables of Hartford and to gather in a true accoumpte of all the ex- pence of the last expedition ; James Boosy to doe the like att Wethersfield w^i» the Constables there, and Mr. Roceter for Wyndsor ; and when that is done they are to bring the to Mr. Hopkins, who, w^h Mr. Whiting, Mr. Webster, Mr. Roceter and the said Ja: Boosy, are to examine the said accoumpts, and also to cause notice to be giuen in the seu'^all Townes, that what is due to any fro the Country, in any other respects, be brought in to the, and to ranke the said debts oweing vnder seuerall heads, both what is payable by this Collony, and w^ be- longs to the whole combination, as also, w^ may concerne the seu''all Townes of theselues to dischardge ; and to make returne of the same to the next sitting of this Court, w^ p^uision shalbe suddenly made to dischardge all the said debts in the best order the Country can. [146] The accoumpts of the seui'all Townes are to be brought in to Mr. Hopkins, wt^in 14 dayes at furthest, vnder the penulty of \s. a day as long as yt shalbe omitted, by those who are herein betrusted, and then w^^ all conuenient speed to be issued by him and the rest ioyned w^^ him, as before. The P''ticuler Courte. October the ix^h, 1645. Jo: Heynes Esq^", Go"". Ed; Hopkins Esq', Dep. George Fenwicke EsqS Mr. Webster, Mr. Woolcot, Capten Mason, Mr. Whiting, Mr. Welles. Jtiry : — Henry Clarke, Jo: Byssell, Henry Woolcot, Tho: Thornton, Dauid Wilton, Aron Cooke, Mr. Trott, Mr. OF CONNECTICUT. 133 Chester, Ja: Boosy, Sa: Smith, John Ollister, Tho: Cole- man. In the action of Math: Allen pi. agt Ed: Hopkins Esq^ defS the Jury find for the def that he is no trespasser vppon a staunch water, and costs of Court & Avitnesses. In the action of Ed: Hopkins pi. agt Will' AVhiting and Rich: Lord deftSj the Jury find for the pi. 421. damages, and costs of Court &; witnesses. In the action of John Hewyt pi. ag* Jo: Demon deft, the Jury find for the pi. 36s. daiTiages, & costs of Court. Jo: Demon is to pay Preston 20.9. & to be coinitted. Math: Allen, for his mysdemeanor in Court is fined xl. In the ac. of Tho: Staunton pi. agt Math: Allen deft, the Court adiudgeth Math: Allen to pay the pi. 14s. 2d. &, costs of Court. In the ac. of Hewyt pi. agt Demon, the Court adiudgeth Demon to pay 10s. to the pi. & to leaue 10s. w^h Tho: Ford vntill yt appeare whether the other p'tner were formerly paid 10s, and the costs of Court. [147] Deccber the first, 1645. Jo: Heynes Esq"", Gou^ Ed: Hopkins Esq"", Dep. Capten Mason, Mr. Woolcott, Mr. Webster, Mr. Whi- ting, Mr. Welles. [Dep2Ui/es :] — Mr. Trotte, Mr. Ollister, Ja: Boosy, Jo: Demon, Mr. Hull, Mr. Staughton, Mr. Steele, Mr. Tal- cott. Its Ordered, that the Plantation cauled Tunxis shalbe cauled Farinington, and that the bownds thereof shalbe as followeth ; The Esterne bownds shall meet w^h the westerne of these Plan- tations, w^ are to be fiue myles on this side the great Riuer, and the Northern bownds shall be fiue myles fro the hill in the great meadow towards Masseco, and the Southerne bownds fro the said hill shalbe fiue myles, and they shall haue liberty to improue ten myles further then the said fiue, and to hinder 13 134 PUBLIC RECORDS Others fro the like, vntill the Court see fitt otherwise to dispose of yt. And the said Planta. are to attend the generall Orders formerly made by this Court, setled by the Coinittee to who the same was referred, and other occations, as the rest of the Plantations vppon the Riuer doe. And Mr. Steele is intreated for the pi'sent to be recorder there, vntill the Towne haue one fitt among theselues. They also are to haue the like libertyes as the other Townes vppon the Riuer, for making Orders among theselues, pi'uided they alter not any fundamentall agreements settled by the said Coinittee, hitherto attended. The Constables of Hartford are to gather vp the knapsacks, pouches, powder & buUetts, vsed in the last designe, and de- liuer them to Mr. Talcott to be kepte, and researue & take a noate in writeing of all the p^ticulers so deliuered, and returne yt to the Secretary. The like is to be done by John Drake & George Phelps for Wyndsor, and the Constables of Wethersfield for Wethersfield, and deliuer them to Mr. Talcotte, and returne a noate of the pi^ticulers to the Secretary. There is a Rate of 400/. graunted to be paid by the Country : Out of this Stratford and Faierfield are to pay 45, as conceaued to be according to their pi'portion ; Southampton 10/., who are to be warned to com to the Court in Aprill, where their due p'portions may be determined; Seabrooke is to pay 15, and Tunxis x/. ; Hartford, 136 ; Wyndsor, 102 ; Wethersfield, 102. The Tresurer is to send out his warrants for the leuying these on the seuerall Townes, wt^in one weeke, to be brought in wthin vi weeks. Tho: Graues is freed fro Trayneing, watching &c warding. It was also agreed, that in pi"suance of the bargaine w^^ Mr. Fenwicke, for this pi'sent yeare, the noats that should be sent by ech vessell to Seabrooke shalbe sent in to Mr. Hopkins as Mr. F. Assigne, and that w^'^in sixe days after the kylling of any hogge or swyne notice shalbe giuen to the p^sons betrusted in the seuerall Townes thereof, vnder the penultyes expi'ssed in the agreement, who is ether to take pJ'sent pay for the same, or if he researue yt in the hands of those that are to dischardge yt, he is to be accoumptable for yt to Mr. Fenwicke or his assignes when yt is sent for ; and the like he is also to doe for the rest OF CONNECTICUT. 135 of the payments that shalbe due. Ed: Stebbing is appoynted for this searuice for Hartford, Walter Fyler for Wyndsor, & Mr. Trotte for Wethersfield. Nath: Dickenson is appoynted to be Recorder for Weth- ersfield. The Court is adiourned to the first Wensday in February, after lecture. [148] Decc: 4th, 1545. Jo: Heynes Esq^, Go^. Ed: Hopkins Esq', Dep. Capten Mason, Mr. Woolcott, Mr. Webster, Mr. Whi- ting, Mr. Welles. The Jury : Andrewe Bacon, Tymothy Standly, James Boosy, John Goutridge, Jo: Hawles, Anthony Howkins, Will' Lewis, Tho: Osmore. In the action of defamation of John Pratte pi. ag* Math: Allen defenS the Jury find for the plant, thirty pownd damages and costs of Courte. In the action of the Case of Clement Chaplin pi. ag* Samuell Smith deft, the Jury find for the defen*, costs of the Courte. John Eauens pi. ag* M^'s Parks ; agt George Chappell ; ag* Robert Burrowes. Will' Boreman pi. agt Jo: Stadder. Will' Boreman, for not pi^secuting, is to pay the def* 2s. V\d. Tho: Osmore pi. ag* Rich: Fellovves. John Westall is to pay Tho: Osmore fine bush: of Indean come, the chardges of the Court & 2s. for witnesses. John Westall is fyned xs. for entertayneing Brufield. Math: Williams is to let his wages that he is to haue of Beld- ing rest in his hands, vntill he take order for the keepeing of the child layd to his chardge by Susan Cole. The estate of Sam: Wakeman deceased is setled on Nath: Willette, in consideratio whereof he is to pay 40/. to the eldest Sonne w^ he shall attayne 21 years of age, and 20/. a peece to the three daughters w" they shall attayne the age of 18 yeares : if any dy in the meane, the portio is to be deuided betwixt the suruiuors : the land to stand ingadged for the p^formance thereof, 136 PUBLIC RECORDS and if any debts more shall appeare then are now knowne, to be equally borne by him &; the children ; and if any estate more appeare, that also is to be deuided. The childrens receipts of their portion is record, in Book D. fo : 19; Decem¥ 2S: 1673.* Samuell Hales, for his mysdemeanor by excesse in drinkeing^ is fyned twenty nobles.* Tho: Hurlebut, for the like is fyned 4l. Elias Trotte, for accompaning the, and drawing wyne w^hout liberty, is fyned 405. Will' Crosse, for haueing wyne sould in his bowse w^^out lycence is fyned 405. Samuell Barrett is to searue Arther Smith one yeare after the date hereof, for viij/. [149] March the 5th, 1645. Jo: Heynes Esq"", Gou^. Ed: Hopkins Esqs Dep. Mr. Webster, Capten Mason, Mr. Woolcott, Mr. Welles, Mr. Whiting. The Jury : Ed: Stebbing, Nath: Waird, Tho: Ford, Jo: Barnard, Jo: Edwards, Jo: Robins, Jo: Notte, Jo: Elson, Jo: Porter, Roger Willias, Seargeant Fyler, Tho: Dewye. The Will and Testament of George Willis Esq^, deceased, is brought into the Court by Will' Gybbins. W^ Mr. Terry hath taken Oath & sent vp a coppy of y t, that the accoumpte giuen in by him is a trewe accoumpte, he shall rec. the goods formerly sequestred for him. In the ac. of Richard Trotte pi. agt Ed: Elmor and Nath: Willet, the Jury find for the pi. 405. damages & costs of Court. In the ac. of Clement Chaplin pi*, agt Sa: Smith &c Nath: Dickenson defends, the Jury find for the plant, damages 21. 5s. 4d. & costs of Court. In the ac. of Clement Chaplin pi*, agt Tho: Coleman and Sa: Hales defts, the Jury find for the plant, damages 8d. & costs of Court. * Subsequently added, — in the hand writing of John Allyn. t £6. 13s. 4d. The noble was equal to 6s. 8d. sterling. OF CONNECTICUT. 137 John Byssell, as assigne to John Clarke, pi. ag* George Chap- pell deft, ^i x5. damage. John Byssell & Ja: Eggleston pits, agt William Heyton def, in an ac. of the Case, to the damage of 10/. In the action of Byssell plant, as assigne to Jo: Clarke, agt George Chappell def', the Jury find for the defend costs of Court, and for witnesses, 14s. 40?. In the action of Jo: Byssell & Ja: Eggleston plant, ag* Will' Helton deft, the Jury find for the plant, to be paid his p^portion of rayleing, three shillings p^ rodd, ditching \0d. p' rodde, hedge- ing Sd. pr rodde ; costs of Court and witnesses. The Welchman Lewis, for pilfering Bunces corne, is fined 40s. In the ac. of Berding agt Edwards, the Court adiudgeth Ed- wards to pay 5s. & chardges of Court. In the ac. of Chappell agt Clarke, the Jury find for the deft. Chappell is to pay costs of Court viis. 4rf. In the ac. of slaunder of Edwards pi. against Berding deft, the Jury find for the deft, costs of Court 7s. 4:d. In the ac. of the Case of Edward pi. agt Berding deft, the Jury find for the deft, costs of Court 7s. Ad. & witnesses, 4s. Sd. Nath: Willett is to haue executio against JMr. Trott for 3Z. Qs. 8d. and to be quit o^ the 40s. damages and costs of the sute agt him by the sd Mr. Trotte. Mr. Woolcott is desiered to gather vp the debts due to Tho: Marshefield &. to husband the estate for the benefit of the cred- itors, and to be alowed resonable satisfaction. The Inuentory of Sa. lerland is brought into the Court by Jo: Edwards, and the wife of Robert Burrowes, who was wife to the deceased, is to administer & to haue the thirds, & the other two p''ts to be for the children. [150] Aprill the ixth, 1646. Ed: Hopkins Esq^, Gou''. Jo: Heines Esq^, Dep. Roger Ludlowe Esq^, Mr. Webster, Mr. Whiting, Cap- ten Mason, Mr. Woolcott, Mr. Welles. 13* 138 PUBLIC RECORDS [Deputyes :] Mr. Steele, Mr. Talcoate, Mr. Westwood Andrew Bacon, Mr. Phelps, Mr. Gaylard, Mr. Hull, Dauid Wilton, Mr. Trotte, James Boosy, Sa: Smith, Nath: Dickenson, Jehue Burre, Anthony Wilson, Tho: Fayerchild. The Court desieres that the Comissioi's should be moued that noe Amunition should be traded w^h any that liue out of the Jurisdictions in combinatio, whereby yt might supply the In- deans, and that some consideration be taken to restrayne Roade Hand fro trading w^h the in such kynd. Whereas Tho: Thornton of Wyndsor, by haueing his men suddenly taken offe their cauleing, may susteyne great losse, the Court hath freed him fro Trayneing, and desier the Magis- trats to take his condition into serious consideration, that he might not be put to extraordinary hassard by imploying his men in publique searuice, and the Capten hath liberty to free his workemen fro one dayes trayneing, pi^uided they supply yt in the Artillery. This not voted. Whereas, there is liberty giuen to the Magistrats to mittegat or increase damages giuen in by the verdict of Jury, It is now Ordered, that what alteration shall att any tyme be made in that kynd, yt shalbe in open Courte before pi. & def*, or affe- dauit made that they haue bine somoned to appeare. Fayerfield eccepte against a Jury of sixe, but subiect to that prte of the Order that 8 of 12 may giue in a verdicte. It is Ordered, that if any p'son wt^in these libertyes haue bine or shalbe fyned or whippen for any scandalous offence, he shall not be admitted after such tyme to haue any voate in Towne or Comon welth, nor to searue on the Jury, vntill the Court shall manifest their satisfaction. Whosoeuer shall be comitted for delinquency shall pay two shillings sixe pence to the keep"^ of the pryson To moue the Comissiors to make some pi-uission agt incori- giblenes. Mr. Ludlowe is desiered to take some paynes in drawing forth a body of Lawes for the gouernment of this Coinon welth, & p^sent the to the next Generall Court, and if he can prouide a man for his occations while he is imployed in the said sear-' uice, he shalbe paid at the Country chardge. OF CONNECTICUT. ]89 Its desiered by the Court, that the Magistrats would take course that all male pi'sons aboue 16 yeares of age should take the Oath of Fidellity : and that three Magistrats may giue the said Oath & make Freemen, (vppon certificatt of good behauior, as is p^uided by former Order. This to stand vntill the next Courte. Whereas Tho: Steynton by his long absence is disabled to attend the Court according to his place, It is now Ordered, his sallery shall cease, and Jonathen Gylbert is chosen to supply the place for this yeare, and the Court will attend him wth re- sonable satisfactio. [151] The Gou"" and Deputy are desiered to be Comissio^'s to joyne w^^ the Vnited CoUonyes for the meeteing in Septeber next &. for this yeare. It is Ordered, that a Rate be graunted of 50/. for the carrieing on the worke of the Forte, in case there should bee need thereof, to be paid by the Townes of the Riuer. It is Ordered, that there be two pi'ticuler Courts held the next pi'ceding day before the two standing Generall Courts, that both the assistance of Mr. Ludlowe may be had, and such actions as fall out betwixt any vppon the Riuer and the Townes by the sea side be more comfortably attended. John Maynard" and Willia Westly are freed fro watching. To the penall Order conserneing the selling of lead, powder etc. to any out of the Jurisdiction is added, That it is lefte to the judgement of the Courte, that where any offence is coihitted against the said Order or Orders, ether to aggrauat or lessen the penulty according as the nature of the offence shall require. Its recomended to the seuerall Townes seasonably to attend the colection for the Colledg, and send it thither in conuenient tyme. Mr. Hopkins and Mr. Whiting discouering to the Court the wrong rec^ fro some Indeans in stealeing of theire goods and burneing their howse, it was conceaued that any lawfull course may be taken for the recouery of their losse, according as amongste the Englishe. The Court being put in mynd of the Indeans that Hue in, are rec*^, and Hue among the Englishe in these Townes, it was re- ferred to Mr. Deputy and Capten Mason to take consideratio of 140 PUBLIC RECORDS them, and in case they are willing to submit to the ordering and gou''ment of the Englishe they may accepte of the vppon such terms as may be safe and honarable to the Englishe. The rates at Stratford and Faierfield are to be deuided. The Freemen finding yt inconuenient to attend the Court of Election the second Thursday in Aprill, haue ordered yt for hereafter to be keept the third Thursday in May, and the Magistrals to hold vntill that day. Samuell Marten and Willia Androwes acknowledge theselues to be bownd to this Comon welth in a Recognizance of 40/. to appeare at the next Court to be held at Hartford, to answer the complainte of Edward Stebbing, for lading 97 bush, of Corne aboarde a vessell at Hartford, w^h deputed the harbor w^^^out entring the said corne according to Order; then this Recogni- zance to be voyd, els to stand m force. [152] June the 5th, 1546. Jo: Heynes Esq"". Mr. Webster, Mr. Welles, Capten Mason, Mr. Wool- cott. The Jury : Tho: Ford, Rich: Goodman, Joseph Magote, Arther Smith, Frances Styles, Jo: Drake, Roger Willfhs, Jo: More, Jo: Edwards, Sa: Marten, Luke Hitchoks, Tho: Hurlbut. In the ac. of Rose, pi. agt Robins defS the Jury find for the pi. ten pownd damages & cost of Court. The Jury found these p^cells of Corne, forfeited : Mr. Woolcott, 28 bush. Codman, 6. Lamton, 1. Ip. Mr. Eauens, 48. 2p. Jo: Lord, 2. North, 3. Cole- man, for Smith, 20. Wm. Williams, 2. Jo: Wyet, 11. 2p. In the ac. of Borman pi. agt Stadder deft, the Jury find for the pi. 55. damages & cost of Court. John Drake, for his misdemeanor in p'phan execrations, is fyned 405. Jo: Carpentor, for breakeing into Will' Gybbins his howse &; drynking wyne, is fyned 10/. & stands bownd to his good be- OF CONNECTICUT. 141 haiiior, &, Tho: Osmor stands bowndfor him in 10/. & to bring him forth w^ the Court shall call for him. Willia Ellyt & Will' Yats, for the like misdemeanor, are fyned ten pownd a peece & stand bownd in 20/. a peece for their good behauior, & Will' Gybbins stands bownd for their good behauior in 20/. & for their appearence w" the Court cauleth for the. Stephen Dauis & Symon Smith, for the like misdemeanor, are fyned fiue pownd a peece & stand bownd to their good be- hauior in 20/. a peece, and Will' Gybbins for the in 20/. & for their appearance w" the Court cauleth for the. Rich: Belding stands bownd in 20/., Robert Rugge in 40/., that Rugge keepe good behauior & appeare the next Court. Execution was graunted John Pratte agt Mr. Allen, and re- turne made that yt was executed. [153] June the last, 1646. Ed: Hopkins Esq^, Gou"". Capten Mason, Mr. Webster, Mr. Welles, Mr. Wool- cotte. [The Jury ;] Mr. Phelps, Tho: Ford, Will' Lewis, Jo: Barnard, George Graues, John Hollister, Jo: Demon, Will' Gybbins, Sa: Smith* Jo: Latimore, Mr. Stoughton, Ro: Wynchell, Ro: Hewyt. In the action of slaunder of John Robins pi. ag* Leonard Chester defS the Jury find for the pi. xijs. dainages & cost of Court & witnesses. Rich: Coldecotts ac. ag* Frances Styles is wt^drawen, and the later Articles to be attended w^h reference to the 4 men. Whereas Tho: Ford, John Byssell, Will' Pantry and Stephen Poste were to sett a Rate or value of the worth of impaileing 2024 rodd of pale according to articles agreed betwixt Mr. Sal- tingstall & Frances Styles, or to choose a fifthe man if they dis- agreed, w^h hath bine long neglected by the said partyes. It is now Ordered, that if the said partyes doe nott sett downe vnder their hands & determine the rate and value of the foresaid, w^^in • A line is drawn about this name. 142 PUBLIC RECORDS two months, or chuse a 5^^ man, according to the said articles, they shall forfeit 100/. Coopr for his misdemeanor in inuegleing the afFectfis of Mr. Lee his mayde, w^^^out her M^ consent, is to pay Mr. Lee 20s. damages & 20s. fyne to the Country. John Perkins & Tho: Coop^ vndertake &; p^mise to pay 20s. to this Comon welth & 20s. to Mr. Lee, by the last of March. In the actio of Clement Claplin pit agt Dickerson etc. the Jury find for the pi. xs. damages & cost of Court & witnesses. Robert Bartlett, for his grosse misdemeanor in slaundring M^s Mary Fenwicke, is to stand on the Pillory, Wensday, dureing the lecture, then to be whiped, & fyned fiue pownd & halfe yeares imprysonment. [154] August the 21tii, 1646. Ed: Hopkins Esq"^, Go'. Jo: Heynes Esq', Dep. Mr. Webster, Mr. Welles, Mr. Woolcott. Richard Fellowes vndertakes to pay ten pownd to the Coun- try w^iiin 2 months, for Stephen Dauis his fyne. Tho: Osmore vndertaks to pay fiue pownd for John Carpen- ter wthin 2 months, and fiue pownd more w^^iin 3 months after that. Symon Smith is to stand bownd for his good behauior, vntill the next Court and his M'is vndertaks he shall then appeare. Jo: Ranolds is to be fyned 5/. and p'sently whiped, for har- boring the rouges that brake pryson, in his M^is her howse, and to giue security to appeare at the Court att 3 months end, and then to be agayne corrected, except the Court be certified of his reformation. Richard Watts vndertaks for the payment of the 5/. fyne, and that he the said Jo: Ranolds shall keepe good behauior and ap- peare the next Court. Tho: Ford is bownd in a Recognizance of 20/. to the Coun- try, to bring in Sa: Drake to the next Court. EHnor Watts, for the like misdemeanor w^h Jo: Ranolds, is fyned 5/. and whipped in her M^is howse, and to be brought OF CONNECTICUT. 143 forth 3 months hence, and then whipped agayne if the Court shall not be informed of her amendment. Mary Johnson, for theuery, is to be p^sently whipped, and to be brought forth a month hence at Wethersfield, and there whipped. Elizabeth Fuller, for comitting fornication, is to be seuerely corrected. Sa: Drake is fyned fine pownd for concealing Jo: Neuie (?) when he brake pryson. Ro: Bartlett, for giueing ill counsell to the prysoners, aduise- ing they should not peach Drake, is to be whipped. [155] October the first, 1646. Jo: Heynes Esq"^, Dep. Mr. Webster, Mr. Welles, Mr. Woolcot, Mr. Whiting. Tlie Jury : Hen: Woolcot, Jo: Edwards, Jo: Nott, Sa: Hales, Sa: Boreman, Walter Fyler, Dan: Clarke, Hup: Pynny, Will: Pantry, Gre: Wilterton, Nath: Waird, Will: Wodsworth. In the ac. of Whaty pi. agt Fellowes, the Jury find for the defen* ; the pi. to pay costs of Court. In the ac. of Mr. Gylbert pi. ag* George Chappell defS the Jury find for the pi. The def* is to pay 8/. 8s. dainages & costs of Court. Execution graunted agt his person. In the ac. of Will' Whiteing pi. ag* Tho: Ford deft, the Jury find for the pi. The def*^ is to pay 4/. 12s. 6c?. dainages & costs of Court. In the action of Mr. Euens, by his searuant, pi. ag* Math: Willias deft, Williams is to pay 19s. dainages & costs of Court. In the action of Mr. Euens pi. agt George Chappell, Chappell is to pay 8 bush: of pease & costs of Court. In the ac. of Mr. Euens pi. ag* Mathias Trott defS the Jury find for the pi. The deft jg to pay 23 bush: 3 pec: of wheat, and cost of Court. In the action of Mr. Euens pl^e, agt Carwithy deft, the Jury find for the pi. 5/. 5s. 66?. damages & cost of Court. In the action of Henry Smith pi. agt Jaruis Mudge deft, the 144 PUBLIC RECORDS Court judgeth Mudge to pay 5 bush: of marchantable dry In- dean corne, or the value thereof. In the action of Rich: Webb pi. ag* George Chappell def*, Chappell is to pay 245. damages & cost of Court. Tho: Stephenson acknowledgeth himselfe bownd in a recog- nizance of 10/. to make good his attach* ag* Elias Puttmans goods, or satisfie damages. In the ac. of Webbe pi. ag* George Chappell defS the defe^ is to pay 245. & cost of Court. Mr. Chester if freed fro Trayneing. [156] October the 29*^, 1646. Ed: Hopkins Esq"*, Go^. Jo: Heynes Esq', Dep. Mr. Webster, Mr. Woolcott, Mr. Whiting, Mr. Welles. The Jury : — Will' Gybbins, Nath: Richards, Jo: Edwards, Tho: Hurlbut, Aron Cooke, John Stadder. Willm Ellit is to be whipped the next lecture day, and to searue his Master his tyme, & then to returne to pryson. Will' Fiske is to be whipped the next lecture day, and to restore dubble of what shall be p^'ued agt him, as yt shall be judged by Mr. Woolcotte. The ac. of Mr. Whiting pi. agt Sa: Smith is respited vntill the next Courte. Gybbins pi* agt Read. Moody pi* agt Read, for Rent. Mr. Moody pi* ag* Read, for damages. Willit pi* agt Read. Judson pi* agt Rescue. In the action of Mr. Whiting pi. ag* Tho: Newton def*, vp- pon an Attach* returned by the Constable of Fayrfield, Greene appeared for Newton & the Jury find for the plant, the byll 5/. 165. and 25. v\d. damages & cost of Court. In the ac. of Ed: Hopkins pi*, ag* Tho: Newton def*, the Jury find for the pi. The Def* is to pay 4/. 13s. Ad. in mony according to the bill, 105. damages & cost of Court, OF CONNECTICUT. 145 In the action of John Moody pi. against James Whatly de- fend', the Jury find for the deft, coste of Court. Kircu & Carrington are to pay 30s. to the administrators of Vere, for their bargaine of Corne. Three of the Jury betwixt James Whatly pi. agt R. Fellowes dS thinke on witnesse cannot cast the cause wt^out some cir- custances fall in neare to equalize a witnesse, and they app^- hend the circustances on the other side rather the stronger : 1. The pi'ty of who he bought the horse said he knew not of the lamenes : 2. the price giuen might intimat soundness ; 3. seu- erall that rodde on the horse and that wrought him, did not dis- couer any lamenes. John White, Tho: Olcoke, Will' Phelps. The other 3 conceaue the witnesse giuen into the former Court hold out the defen' might know the lamenes of the horse ; 2. one witnesse testifieing fro his mouth, that he said he was lame. [157] October the 30*^, 1646. Ed: Hopkins Esq, Gc. Jo: Heynes Esq"", Dep. Mr. Webster, Mr. Welles, Mr. Whiting, Capten Mason, Mr. Woolcott. [Deputyes ;] Mr. Phelps, Mr. Stoughton, Mr. Clarke, Mr. Porter, Mr. Steele, Mr. Talcoat, Mr. Westwood, Mr- Cullicke, Mr. Trotte, James Boosy, Nath: Dickenson' Jo: Demon. The deputyes are to take into consideration the fenceing up- pon the Easte side of the great Riuei', by who & where they shall see cause. The Order of the Comissioners concerneing the restreynt of of selling powder, shotte, amunition etc. to any out of the Juris- diction, wthout the lycence of two Magistrats, or one Magis- trat and 2 deputyes, is confirmed.* •This order of the Commissioners was contiimatory of that made in 1644, (see p. 113, ante) which had been approved by the General Courts of all the United Colonies except Plym- outh. The present order prohibited, under a heavy penalty, the sale of arms or ammunition to any person out of the confederate jurisdictions, " without lycense under the hands of two. 14 146 PUBLIC RECORDS The Order conserneing the pi^ceeding against Indeans is con- firmed, f There is alowed for the searuing of executions 2s. 6d. if vn- der 405. and 5s. if aboue. Whosoeuer drawes wyne after the publisheing this Order, shall pay to the Country after the p^'portio of 40s. a Butt for what shalbe drawen. Mr. Phelps is appoynted to joyne w^h the Comittee for the planting Matabezeke. [158] Ja: 28th, 1646. Ed. Hopkins Esq"", Go"^. Mr. Webster, Mr. Whiting, Capten Mason, Mr. Welles, Mr. Woolcott. [Beputyes ;] Mr. Steele, Mr. Talcoate, Mr. Cullicke, Mr, Westwood, Mr. Trott, James Boosy, Nath: Dickenson, Jo: Demon, Mr. Phelps, Mr. Stouton, Mr. Clarke, Mr. Porter. The Order concerneing paying 5s. a pownd for takeing Tobacco not growing w^hin this Jurisdictio, is repealed. Richard Lord for transgressing the Order against selleing lead out of this Jurisdictio, is fyned seauen pownd. magistrates of the jurisdiction, or at least under the hands of one magistrate and two deputyes, intressed in the publique affaires, & that all & eii'ry such lycense shall from time to tyme be kept in a booke or memoriall in writing, that all the parcells or particulers, w'h the quantities soe lycensed, the prsons to whom, the grounds for wcii, upon occasion may be considered by the Gen^'all Courts, or Comissioners for the Colonyes." (Rec. of U. Colonies, Sept. 1646.) t Providing, that in case of " wilfull & hostile practises against the English, together with the entertemeing, protecting or rescueing of offenders," "the Magistrates of any of the Jurisdic- tions might, at the charge of the plaintiffs, send some convenient strength of English, & accord- ing to the nature & vallewe of the offence & damage, seize & bring away any of that planta- con of Indians that shall entertaine, protect or rescue the offender, though it should be in another Jurisdiction, when, through distance of place, comission or direction cannot be had' after notice & due warning given them, as abettors or at least accessory to the iniury & dam- age done to the English ; onely women & children to be sparingly seized vnlesse knowen to be some way guilty. And because it will be chargeable keeping Indians in prison, & if they should escape they would prove more insolent & dangerous after, it was thought fittthat upon such seysure. the delinquent or satisfaction should againe be demanded of the Sagamore or Planta- con of Indians guiltie or accessory as before ; and if it be deiiyed, that then the magistrates of the Jurisdiction deliver up the Indians seized to the party or parties indamaged, either to serve or to be shipped out and exchanged for Negroes, as the cause will iustly beare." [Ibid.] This Order will be found incorporated with the cede of 1650, in a subsequent part of this volume. OF CONNECTICUT. 147 Tho: Staynton, for the like transgressio, is fyned 5/. fiue pownd. Dauid Wilton, for the brech of the same Order, is to forfeite the lead w^h was attached at Wethersfield, being LSI pownd. Nath: Waird is freed fro trayneing and warding, so long as the infirmity he complaynes of remayneth vppon him. The Gour and Mr. Whiting are desiered to attend the place of Comission^s for the Vnited Collonies, for this next yeare. There is a Rate of 30Z. graunted for the Fort. March the 4th, 1646. Ed: Hopkins Esqf, Gc. Mr. Webster, Mr. Welles. [The Jury:'] Tho: Ford, Tho: Osmore, Jo: Nott, Sa: Borema, Tho: Thornton, Benedict Alford. In the ac. of Joseph Nubery pi*, ag* Ambrowse Fowler def, the Jury find for the plan*, fower pownd xs. & costs of Court. In the actio of Sa: Smith pi. agt John Guteridge, Tho: Rite & Sa: Martin def^^, John Guteridge and Sa: Marten are to pay the pi. xvi bush: Indean. Mary Willias, for her fowle misdemeanor, is fyned 5/. Joshua Gynings vndertaks to pay this 5Z. Tho: Blisse for not trayneing, is fyned 2s. V\d. [159] May the 19th, 1647. Ed: Hopkins Esqf, Go"". Mr. Webster, Mr. Whiting, Mr. Woolcoat, Mr. Welles. The Jury : Mr. Phelps, Mr. Porter, Mr. Roceter, Dauid Wilton, Mr. Parks, James Boosy, Sa: Smith, Will' Wadsworth, Ed: Stebing, Tho: Ford, Andrew Bacon, Nath: Waird. In the ac. of James Whatly pi. agt Tho: Coleman, the Jury find for the deft, costs of Court, and for witnesses, 2s. Qd. 148 PUBLIC RECORDS In the ac. of Hemy Gree pi. agt Sa: Marten deft, the Jury find for the pi. debte 15/. iis., damages ten pownd, and costs of Court. May the 21^^ 1647. The Jury : Mr. Talcoate, Gre: Wilterton, Tho: Osmor, Sa: Smith, Will' Wilcoxson, Robert Howard, Dan: Tyt- terton, Walter Fyler, John Croe, Ed: Haruy, Tho: Judde, John Demon. In the ac. of John Steele pi. agt Tho: Demon, the said Tho: Demon is to pay six bush: of Indean. In the ac. of Blysse pi. agt Lyman & Arnold, the defends are to pay 205. & costs of Court. Henry Densloe is to attend agayne the next Court, and Wil- coxe to pay him 55. for not p'secuting this Court. In the ac. of Mr. Whiting pi. ag* Sa: Smith def*, the Jury find for the pi. viij/. damages, and cost of Court. In the ac. of Blachfield pi. agt Spenser, the Jury find for the pi. 50 bush: of Indean, & costs of Court. In the ac. of Spenser pi. agt Blachfield deft, the Jury find for the pi. 31s. 3c?. damages, & costs of Court. [160] In the ac. of slaunder, of Mr. Whiting pi. agt Tho: Ford deft, the Jury find for the pi. 405. & costs of Court. In the ac. of Will' Fishe pi. agt Aron Cooke, the Jury find for the pi. fiue pownd damages & costs of Court. In the ac. of Tho: Ford pi. agt Oldige & Hull, the Jury find for the defts, costs of Court. Henry Gree acknowledgeth himselfe bownd to the Court, in a Recognizance of xL & Tho: Hassard in 20, that Tho: Has- sard keepe good behauior vntill the Generall Court in Septeber next, and appeare at the p^ticuler Court the day before. In the ac. of Write pi. against Norton, the pi. is to haue the swyne & pay the chardges for the keeping. May the 24th, i647. Roger Ludlowe Esq"", Moderator. Mr. Woolcoat, Mr. Welles. OF CONNECTICUT. 149 Jury : Sa: Smith, Will' Wilcoxso, Robert Howard, Dan: Tytterton, John Demon, Walter Fyler, Ed: Haruy, Tho: Judde, John Westall, Aron Cooke, Anthony Howkins, Stephen Hart. In the ac. of M"s Willis pi. agt Francis Styles deft, (Mr. Roceter appeared for Mr. Styles,) the Jury find for the pi. 340/. damages & costs of Court. [162] May the 20th, 1647. Jo: Heynes Esq', Gc. Edward Hopkins Esq'', Dep. Gor. George Fenwicke Esq'', Magistrate ; Roger Ludlowe Esq. Mag: Mr. Webster, Mag: Mr. Whiting, Mag: Tres"; Capten Mason, Mag: Mr. Woolcoate, Mag: Mr. Welles, Mag: Sec^; Mr. Cosmore,* Mag: Mr. Howell,* Mag: Deputyes : Mr. Phelps, Mr. Stoughton, Mr. Porter, Mr. Clarke, Mr. Steele, Mr. Talcoat, Mr. Cullike, Mr. Trott , Sa: Smith, Ja: Boosy, Nath: Dickenson, An: Bacon, Mr. Taynter, Ed: Haruy, Dan: Tytterton, Will' Wil- coxso, Stephen Hart, Tho: Judde. It is Ordered, that the three Townes on the Riuer & Tunxis shall pay ten shillings to whosoeuer shall kill any Woolfe wt^in any of their libertyes, & so to pay for euery woolfe that shalbe kylled w^^in the term of one yeare after the date hereof. Forasmuch as diuers inconueniences fall out by letting land to the Indeans, whereby they mixe theselues in their labours w^^ the Inglishe, and therby the manners of many young men are lyable to be corrupted, It is Ordered, that noe Inhabitant w^^in this Jurisdiction shall contracte wth or lette any land to any Indean after the publisheing this Order, nether shall any Indean possesse any land held of the Inglishe after the last of October next, pi'uided notwt^standing that such natyves as haue caried theselues peacebly, and w^h will subiecte theselues to be oi'dered •John Cosmore and Edward Howell, of Southampton, on Long Island. (See Articles of Com- bination, in Appendix, No. O.; and p. 112, ante.) 14* 150 PUBLIC RECORDS by the Inglishe, shall haue pi'uission for planting vppon reasona- ble terms sette forth for them. James Pyne hath forfeted his recognizance, for not appeare- ingat the Court held at Hartford the 20^^ of May. J ames Harwood also hath forfeted his recognizance. An Attach* is to goe forth for Tho: Sherwood. A Warrant for Tho: Newton. Whereas, by an Order of the 14th of January, 1638, it was Ordered, that euery Generall Court, excepte such as through neglecte of the Gc^ and the greatest p^te of Magistrats the Free- men theselues doe call, shall consiste of the Go' or some on chosen to moderate the Courte, and 4 other Magistrats at lest, w^h the maior p^te of the deputyes of the seuerall Townes, legally chosen, w^h hath bine conceaued, that by the example thereof no p^'ticuler Court might be keepte excepte the Go'' or Dep: Go"" and 4 Magistrats were pi'sent, w^h this day coming into consideration, this Court seeing the many inconueniences thereof to be so restreyned, & considering in case it may so fall out that by reson of the absence of the Gc or Deputy & 4 Magist: noe pi^ticuler Court may be extant to administer justice according to the law of God and humane pollicy, W^^ is now [163] conceaued to be contrary to the trewe meaneing || of the said former Order, It is therefore now declared and so Ordered, sentenced & decreed, that the Gou'" or Dep: Go' w^h 2 Magis- trats shall haue power to keepe a p'ticuler Court, according to the lawes established, &, in case the Gou*" or Dep: Go*" be ab- sent, or some waye or other incapable ether to sit or to be p''sent, if three Magistrats meete, and choose on of theselues to be a moderator, they may keepe a p^ticuler Court, w^h to all intents & purposes shalbe deemed as legall, as though the Goi" or Deputy did sitte in Courte, and all other Orders that haue bine heretofore in that case made shalbe reduced to this Order.* It is Ordered, that there shalbe a gard of 20 men, euery Sab- both and Lecture day, compleate in their arms, in ech seuerall Towne vppon the Riuer, and atte Seabrooke and Farmington 8 apeece, ech towne of the sea coast ten, and as the nuber of men increase in the Townes, the gaurd is to encrease. * [In margin,] " Added to the lO"' fundamental!." OF CONNECTICUT. 151 May the 25th, i647. The Estreits for the leueing of Fynes shall goe forth once eu^y yeare, both in the Townes on the Riuer and by the sea- side, and some officer appoynted in ech place to leuy and re- ceaue the and the accoumpts to be giuen in by the seuerall Plan- tations of their generall chardges at the Court in Septeber, for the pi'fecting of the accoumpts betwixt them. Mr. Ludlowe is desiered to graunt out warrants for the fynes by the sea-side. Yppon the makeing vppe of the Rates betwixt the Townes by the sea side, for the last Rate, ther was found to be due fro Stratford, 9/. iis. 2d. ; fro Fairfield, xiZ. 14s. Sd. ; these Townes being alowed what they had expended vppon the p^parations of the late warrs, but other expenses shalbe alowed out of the Fynes when the accoumpte of the shalbe brought vppe. Its the mynd of the Court that ther should be pi^uision made for entertayneing the Magistrats dureing the sitting of the Court, and the deputyes of Hartford are desiered to find out a fitte man. Its Ordered that the souldears shall only make choyse of their millitary officers & p^sent the to the p^ticuler Court, but such only shalbe deemed Officers as the Court shall confirme. The chiefe officer in euery Towne shall appoynt the dayes of Trayneing alowed by Order of Court. [169] Whereas it appeares that diuers, to defeate and defraude their creditors, may secretly and vnderhand make bairgens & contracts of their lands, lotts and accomodations, by meanes whereof, when the creditor thinks he hath a meanes in a due order of lawe to declare against the said lands, lotts and accoili- odations, and so recou^ satisfaction for his debte, he is wholy deluded and frustrated, w^h is contrary to a righteous rule, that euery man should pay his debts w^^ his estate, be it what yt wilbe, ether real or pi'sonall ; This Court takeing it into con- sideratio, doe Order, sentence and decree, that for the future that if any Creditor doe suspecte any debtor, that he may p^ue non soluant in his pfsonall estate, to repair to the Register or Recorder of the Plantation wher the lands, lotts or accomoda- tions lyes, and enter a Caueat against the lands, lotts and ac- comodations of the said debtor, and shall giue to the said Regis- ter or Recorder 4c?. for the entry thereof; and the said creditor 152 PUBLICRECORDS or creditors shall take out sumons against the said debtor, and in due forme of law the next p^ticuler Court, ether for the whole Collony or for that prticuler Plantation wher the said lands, lotts and accomodations lyes, or the next Court ensueing, de- clare against the said debitors lands, lotts & accomodations ; and soe if the creditor recouer, he may enter a judgment vppon the said lotts, lands and accomodations, and take out an extent against the said land, directed to a knowne officer, who may take two honest & sufficient men of the neighbours, to appryse the said lands, lotts & accomodations, ether to be sould out right if the debt so require, or sett a resonable rent vppon the same, vntill the debte be payd, and dehuer the possession there- of ether to the creditor or creditors, his or their assigne or as- signes, or any other ; and what sale or sales, lesse or lesses, the saide officer makes, being orderly recorded, according to former Order of recording of lands, shalbe as legall and bynding to all intents & purposes as though the debtor himselfe had don the same ; p^'uided that if the said debttor can then pi'sently pi^cure a Chapman or Tenant, that can giue to the creditor or creditors satisfactio to his or their content, he shall haue the first refusal! thereof. Also yt is declared, that he W^^ first enters Caueat as aboue said, and his debte being due att his entring the said Caueat, shalbe first paid, and so euery creditor as he enters his Caueat and his debte becom due, shalbe orderly satisfied, vnlesse at the next Court yt appeares the debters lands, lotts and ac- comodations p'"ue insufficient to pay all his creditors, then eu^'y man to haue a sutable p^portion to his debte out of the same, and yet notwt^hstanding euery man to receaue his p^'te accord- ing to the entry of his Caueat ; yet this is not to seclude any [165] creditor |i to recouer other satisfaction, ether vppon the prson or estate of the sayd debtor, according to lawe and cus- tum of the Collony. And also yt is further decreed, that what sale or bargaine soeuer the debtor shall make concerneing the said lotts, lands and accomodations, after the entering of the said Caueat, shalbe voyde as to defraud the said creditors. It is also further ex- play ned and declared, that if the said debtor be knowne to be an insoluant man before the first Caueat entered against the said lands, lotts & accomodations, and the same appeare at the next OF CONNECTICUT. 153 pniculer Court, then the Court shall haue power to call in all the creditors in a short tyme, and set an equall and indifferent way how the creditors shalbe paid out of the said lands, lotts & accomodations ; otherwise, if the said debtor proue insoluant after the first Caueat entered, then this Order to be duly ob- searued, according to the pTnisses and true intent and meane- ing thereof It is also further declared and explayned, that the Recorder or Register of the said Caueat shall, the next pnicuter Court as aforesaid, returne the said caueats that are w^h him, at w^h tyme & Court the enterer of the said Caueats shalbe cauled forth to p^secute the next pniculer Court follow- ing ; and if the enterer of the said Caueats fayle to p^'secute according to this Order, the Register or Recorder of the said Caueat or Caueats shall putt a vacatt vppon the said Caueat or Caueats, w^h shalbe invalled or voyde to chardge the said lotts, lands and accoinodations aforesaid. Forasmuch as it is obsearued that many abuses are coinitted by frequent takeing Tobacco, It is Ordered, that noe p^son vnder the age of 20 years, nor any other that hath not allreddy accustomed himselfe to the vse therof, shall take any Tobacco vntil he haue brought a Certificat, vnder the hand of some who are approued for knowledg & skill in phisicke, that it is vsefull for him, and also that he hath receaued a lycence fro the Court for the same. And for the regulateing those who ether by their former takeing yt haue to their owne app^hensions made yt necessary to the, or vppon due aduice are p^suaded to the vse thereof. It is Ordered, that no man wt^in this Collony, after the publicatio hereof, shall take any tobacco publicquely in the street, nor shall any take y t in the fyelds or woods, vnlesse when they be on their trauill or joyrny at lest 10 myles, or at the ordinary tyme of repast comonly called dynner, or if it be not then taken, yet not aboue once in the day at most, & then not [166] in company w^h any other. Nor shall any |1 inhabiting in any of the Townes w^^in this Jurisdiction, take any Tobacco in any howse in the same Towne wherhe liueth, w^h and in the company of any more then one who vseth and drinketh the same weed, w^h him at that tyme ; vnder the penulty of six pence for ech offence against this Order, in any of the p^ticulers thereof, to be payd wt^out gainesaying, vppon conuictio by the 154 PUBLIC RECORDS testimony of one witnesse that is wt^out iust exception, before any one Magistrate ; and the Constables in the seuerall Townes are required to make p^'sentment to ech pniculer Court of such as they doe vnderstand and can evict to be transgressors of the Order. And for the pi^uenting that great abuse w^h is creepeing in by excesse in Wyne and strong waters, It is Ordered, that noe inhabitant in any Towne of this Jurisdiction shall continue in any comon victualing howse in the same Towne wher he liueth aboue halfe an hower att a tyme in drinkeing wyne, bear or hotte waters, nether shall any who draweth & selleth wyne suffer any to drynke any more wyne att on tyme then after the prportion of three to a pynt of sacke. And it is further Order- ed, that noe such wyne drawer deliuer any wyne, or suffer any to be deliuered out of his howse to any who com for yt, vnlesse they bring a noate vnder the hand of some on M' of some family and alowed inhabitant of that Towne, nether shall any such Ordinary keep, sell or drawe any hotte waters to any but in case of necessity, and in such moderation for quantity as they may haue good grownds to conceaue yt may not be abused ; and shalbe reddy to giue an accoumpte of their doeings herein when they are cauled thereto, vnder Censure of the Court, in case of delinquency. When Mr. Ludlowe hath p'^fected a body of lawes as the Court hath desiered him, it is the mynd of the Court that he should, besids the paying the hyer of a man, be further consid- ered for his paynes. Yf Mr. Whiting w^h any others shall make tryall and p'se- cute a designe for the takeing of Whale, wt^^in these libertyes, and if vppon tryall w^Hn the terme of two yeares, they shall like to goe on, noe others shalbe suffered to interrupt the, for the tearme of seauen yeares. [167] June the S^, 1647. Ed: Hopkins Esq"", Dep. Mr. Webster, Mr. Welles. The Jury : — Humphry Pynny, Willia Heton, Joseph Ma- gotte, Tym: Standly, John Edwards, John Elsen. OF CONNECTICUT. 155 In the action of Aron Cooke plS agt John Dawes, the Jury find for the pi* 4l. & costs of Court. Henry Densloe is bownd in a Recognizance of 20/. to appear the next Court. Mr. Math: Allen & Tho: Newton acknowledge themselues bownd in a Recognizance of a 160/. to the Court, to saue tjie Court & such debttors harmeles & indempnified fro any dayn- ger, losse or inconuenience that may befall the by any some of mony that shalbe recouered in the Court, of Scippeseyer his debts, in reference to an ac. comenced ag' Sa: Smith. In the action of Math: Allen pi. ag* Peter Jacobe, of 6/. 10s. thers acknowled to be paid, by Dauid Prouost, . . . . 2. 0. by Sa: Smith, 1: 2: 7; . . . 1. 2. 7 more by him in wheat 2/. 8s. . 2. 8. behind 19s. 5d. w^h the def* is to pay. Tho: Sherwood, for his contempte in not appeareing att Court vppo suiTions, is fyned 40s. Tho: Newton, for his misdemeanor in the vessell cauled the Virgin, in glueing Phillipe White wyne w" he had to much be- fore is fyned 5/. [168] June the 2, 1647. Ed: Hopkins Esq'. Capten Mason, Mr. Webster. [Deputyes ;]— Mr. Steele, Mr. Talcoate, Mr. Cullicke, An- drew Bacon, Mr. Trott, James Boosy, Sa: Smith, Mr. Clarke, Mr. Porter. It was this day Ordered, that all guns and millitary amunition w^h this CoiTion welth by a Comitte haue formerly bought of George Fenwicke Esq'', be deliuered vnto Capten Mason for the vse of the Country, w^h being done, the sd. Capten Mason to acquit & dischardge the said George Fenwicke, or his Agent, of the p^ticulers soe deliuered. It was then further Ordered, that Capten Mason should for the peace, safty and good asurance of this Comon welth, haue the comaund of all souldears and inhabitants of Seabrooke, and 156 PUBLIC RECORDS in case of alarum or daynger by approch of an enimy, to drawe forth or put the said souldears & inhabitants in such posture for the defence of the place, as to him shall seeme best. It is this day Ordered, that in case Mr. Whiting, being at p^sent vppon a voyadge att sea, be by Pruidence p^uented of his intended returne, then Capten Mason to be on of the Com- issic^ for this Jurisdiction, and to attend the searuice this yeare w^h the Comissio^s of the Vnited Collonyes, in the Bay or els- wher, at the tyme or tymes appoynted. Whereas Capten Mason, at the spetiall instance & request of the inhabitance of Seabrooke, togather w^h the good likeing of this Comon welth, did leaue his habitatio in the Riui' and re- paire thither, to exercise a place of trust. It is this day Ordered, that his former sallary of 40^. p'" ann. be continued, and after ech of the terms yt hath bine formerly dewe, then at 20 dayes warneing yt be put abord some vessell or vessells as himselfe shall appoynd. Memorandin. W^ the Capten doth rec. the guns & millitary amunition, he must deliuer a bill of the p^ticulers to the Reges- ter, to be keepte as a record for the Country. The p'"portions for the composition for the Fort for the full Tearme of 10 yeares is as followth : — Hartford, 60/. 5s. ^ p'te wheat, ^ p'te pease, ^ Ry. Tunxis, 15. 5. in the same kynd. Wyndsor, 45. ^ wheat, ^ pfease. Wethersflcld, 49. 10. ^-p^te wheat, f p^ts pease. Seabrooke, 10. the same as Hartford. [169] Sep: 2, 1647. Ed: Hopkins, Esq^ Mr. Webster, Mr. Welles. [The Jury;-] Nath: Waird, Nath: Ely, Sa: Hales, Jo: Edwards, Jo: More, Aron Cooke. In the ac. of Wyddowe Kilburne pi. ag^ Peter Blachfield deft, the Jury find for the pi. 40s. & cost of Court. George Abbott is to pay 12s. to Rich: Letten. OF CONNECTICUT. 157 Vpson is to pay Kerby ixs. and the cost of Court, excepte witnesses. ]\jrs Whiting is admitted to administer according to the will of her deceased husband. Trotte agt Norton, 2 ac. Executio graunted M^s Willis. Executio graunted Aron Cooke. John Nubery confesseth that he made seuerall attempts of bestiality,* .... John Gyn'ngs for resisting the watch seuerall tymes is fyned 40s. and to find surtyes for his good behauior. Peter Bassaker for resisting the watch is fyned 20s. and to find surtyes for his good behauior. Tho: Hubbert for refuseing to watch is fyned xs. Sep. 9, 1647. Ed: Hopkins Esq"". Mr. Webster, Mr. Woolcott, Capten Mason, Mr. Welles. [Deputj/es ;] Mr. Steele, Mr. Talcoat, Mr. Westwood, Andr: Bacon, Mr. Phelps, Mr. Clarke, Mr. Stoughton, Mr. Gaylard, Mr. Trott, Liue* Boosy, Sa: Smith, Nath: Dickenson. Thers liberty giuen the Comissio^s to forbeare their sett meeting att Septeber, pi'uided they meet once in the yeare. Also, if no more then syxe of the Comissio" meet, they may goe on in their occations yf they all agree, and it shalbe as eflTec- tuall as if the whole 8 meet, haueing sufficient warneing. There is a Rate of 100/. graunted. Capten Mason & Jo: Clarke are desiered to carry on the building of the Fort, by hireing men or Cartls or other necessa- ryes. They are alowed to make vse of the last Rate to be paid by Seabrook. The Court thinks meet that a Comission be directed to Mr. Wynthrop, to execute justice according to c lawes & the rule of righteousnes. * A line omitted. 15 168 PUBLIC RECORD deuissio of the Rate ; ; Hartford, 35/. 10. Wyndsor, 24. 10. Wethersfd, 24. Seab: 8. Farm: 8. 100. 0. The Courts adioyrned to the last Wednesday in October. [170] October 29th, 1647. Jecoxe is bownd in a Recognizance of 10/., James Pyne in 20/., p^'uided Pyne keepe good behauior vntill the Court in May at Fayerfield, and appeare ther. The Rats to be paid in Enghshe graine. The Courts adioyrned to the first Thursday in March. No: THE 22th, 1647. Ed: Hopkins Esqi", Dep: Go^. Mr. Webster, Mr. Woolcoate, Mr. Welles. [The Jury ;] Tho: Ford, Will: Wodsworth, /?/7ie(f 2s. Vid.^ Gregory Wilterton, John Barnard, Mr. Porter, Dauid Wilton, Tho: Dewy, Sa: Marten, John Notte, Sa: Bore- man, John Westall, Will: Pantry, Tymothy Standly. In the action of John Guttridge pi. agt Jaruis Mudge deft, the Jury find for the pi. 20 bush: Indean ; 7s. vi^. forbearance ; 20s. to be deducted for chardge & hazard ; remayneth for the pL 37s. 6c?. & chardge of Court. Sa: Gardner is to be alowed fro Mudge vis. for three bush: Indean. In the action of the Case of Tho: Olcoatte pi. agt Mathew Gryssell deft, the Jury find for the plantife 50/. dainages & coste of Court, and for witnesses 30s. The defent to make improue- ment of the goods that miscaried, for his owne vse. of connecticut. 159 December the 2*^, 1647. Ed: Hopkins Esq"', Dep: Gc. Mr. Webster, Mr. Woolcoate, Mr. Welles. The Jury : Mr. Trotte, Mr. Talcoate, Tymothy Standly, John White, Tho: Osmore, Liuetenant Boosy, Sa: Smith, Tho: Coleman, Henry Clarke, Mr. Hill, Mr. Hull, Jo: More. The Jury find the bill of indictement ag* John Nubery, that he is guilty of buggery. James Whatly, for his contempte in not watching, is fyned 3s. 4id. & the chardge of witnesses. In the actio of James Whatly pi. ag* Tho: Coleman, the Jury find for the deft, cost of Court and witnesses. In the actio of George Steele pi. agt Will' Corbit defS the Jury find for the pi* 205. damages and cost of Court. In the 2d actio of George Steele pi. agt Will' Corbit defS the Jury find for the pi. 10s. damages, and cost of Court. Mr. Woolcoate is to giue notice to Tho: Marshfields credit- ors to prfecte the diuissio of the remaynder of that estate in his hands, by the 24 th of June next. [171] Feb: 23th, i647. Ed : Hopkins Esq"", Dep: Go"^. Mr. Webster, Mr. Woolcoat, Mr. Welles. [Deputyes :] Mr. Steele, Mr. Talcoate, Mr. Westwood, Andrew Bacon, Mr. Phelps, Mr. Stoughton, Mr. Clarke, Mr. Trotte, James Boosy, Sa: Smith, Nath: Dickenson. Forasmuch as yt is obseaured that ther are diuersity of wayghts, yards and measures amoungst vs, whereby damag many tymes ensueth, by comerce w^h seuerall pi'sons ; For the pi'uenting whereof, yt is now Ordered, that no man w^hin these Liberty es shall, after the publisheing this Order, sell any com- odity but by a sealed waight or measure, vnder the penulty of xij(i. ech defaulte : the Clarke is to haue a penny for sealeing a wayght or yard, ech time, and noe waight or measure is to be accoumpted authenticke that is not sealed or approued by the 160 PUBLIC RECORDS Clarke once euery yeare : and the said Clarke is to breake or demolishe such wayghts, yards or measures as are defectiue. March the 2^, 1647. Ed: Hopkins Esq', Dep: Go"". Mr. Webster, Mr. Woolcoate, Mr. Welles. \The Jury ;] John White, John Byssell, John Drake, Dan: Clarke, Henry Woolcott, John Edwards, Sa: Mar- ten, Sa: Hales, Luke Hitchcoke, Will' Pantry, Rich: Goodman, Rich: Butler. In the ac. of Will' Gibbins as Assigne to Waterman pi. ag* Fra: Norton defS the Jury find for the def*, costs of Courte. In the ac. of Peter Jacob pi. agt Sa : Smith defS the Jury find for the pi. 5/. Is. 9d. and costs of Court. In the ac. of Nath: Dickenson pi. agt Peter Jacob def^, the Court adiudgeth the def* to pay 12s. and costs of Court. In the ac. of John Sadler pi. ag* Peter Jacob def*, the def* is to pay ixs. and costs of Court, and 18^. for witnesses. John Moses acknowledgeth himselfe bownd to this Comon welth in a Recognizance of 20/. and Mathew Allen in xl, p^ui- ded that the said John Moses appeare at the next p^^ticuler Court and keepe good behauior in the meane tyme, Ed: Chancutt, for diuulging misreports ag* Hide, is fyned 405. and Beniamin Nubery for the like is fyned 20s. and Mas- tens the boy to be corrected. Anthony Longdon for drunkenes, is fyned 20s. Nicholas Gynings, for a miscaridge, beateing of a Cow of Ralfe Keelers Peter Bassaker, 10s. Ralfe Keeler, Jenings, Ketchrell. March the 9*^, 1647. Ed: Hopkins Esq^, Dep: Go'. Mr. Webster, Mr. Woolcoat, Mr. Welles. [Deputyes:] Mr. Steele, Mr. Talcoat, Mr. Westwood, OF CONNECTICUT. 161 Mr. Phelps, Mr. Trott, Mr. Stoughton, Mr. Clarke, Ja: Boosy, Sa: Smith. Willia Rescue is to be alowed 40s. towards his chardges in keepeing the prysoners. Ther is a liberty giuen to lett any grownd on the east side the great Riuer and in the Hand, to such Indeans as haue giuen in their names to the Dep; Gc, and if that p^ue to little it is lefte to the Go"" to dispose of the as he shall see cause. The Court thinks fitt that Massacoe be purchased by the Country, and that ther be a Comitte chosen to dispose of yt to such inhabitants of Wyndsor as by the shalbe judged meet to make improuement therof, in such kynd as may be for the good of this Comon welth, and the purchase to be repaid by those that shall enioy yt, w^h resonable alowance. Mr. Hop- kins is intreated to be one of the Comittes and Mr. Webster another; and Mr. Steele, Mr. Talcoate Secr; Mr. Howell, M: Mr. Cosmore, M: [Deputy e s :'] Mr. Talcoate, Mr. Westwood, Andrewe Bacon, Ed: Stebbing, Mr. Phelps, Mr. Allen, Mr. Stoughton, Jo: Byssell, Mr. Trott, Linetenant Boosy, Sa: Smith, Nath: Dickenson, Stephen Hart, Tho: Judde, Andrew Waird, Mr. Taynter, Phillip Groues. Whereas ther are certen farms to be sett forth vppon the borders or wt^in the limitts of Fayerfield, It is Ordered, ther shalbe no further pi'ceeding in takeing vp any grownd ther aboute vntill it be vewed by some that shalbe appoynted by such as shall keepe the next Court to be held att Fayerfield. The motion made by Mr. Ludlowe, concerneing Moses Wheeler for the keepeing the Ferry att Stratford, is referred to such as shall keepe the next Court att Fayerfield, both in the behalfe of the Country and the Towne of Stratford. Wheras Dauid Prouost and other Dutchmen (as the Court is informed,) haue sould powder and shotte to seuerall Indeans, against the expresse Lawes both of the Inglishe & Dutch, It is now Ordered, that if vppon examination of witnesses the said defaulte shall fully appeare, the penulty of the lawes of this Comon welth shalbe laid vppon such as shalbe found guilty of such transgression, the w^hif such delinquents shall notsubiect vnto they shalbe shipped for Ingland and sent to the Parlament. 164 PUBLIC RECORDS It is Ordered, that Capten Mason shall goe to Long Hand and to such Indeans vppon the Mayne as are tributaryes to the Inglishe, and require the Tribuit of the, long behind & yet vnpaid, and to take some stricte and righteous course for the speedy recouering therof ; and it is judged equall and alowed that he shall haue the on halfe for his paynes. Mr. Wynthrope the younger is to haue Comission for to exe- cute the place of a Magistrate at Pequoyt. The Gouernour and Deputy are desiered to execute the place of Comissioners for this Jurisdiction w*^ the Vnited Collines, for the meeting in September and for on yeare, and in case ether of the shalbe p^uented by sicknes or otherwise, Mr. Welles is desiered to supply the place. Hartford is to make and mayntayne the Bridge leading to Farmington, w^i^in the libertyes of Hartford. [177] June the first, 1648.* Ed: Hopkins Esq"", Gc. Mr. Webster, Mr. Woolcoate, Mr. Welles. The Jury : Mr. Parke, Gregory Wilterton, John Barnard, Richard Goodman, Rich: Olmstead, Mr. Pynny, Robert Wynchell, Dauid Wilton, Will' Traull, Nath: Dicken- son, Rich: Smith, John Edwards. In the action of Carpenter pi*, agt Demon defS the Jury find for the pi. 4/. damages & costs of Court. Execution d'd to the pV this 30'" of March, 1650. John Byssell is bownd in a Recognizance of 10/. and John Bennitte of 20/. pi'uided that the said Bennit keepe good beha- uior and appeare the next Court. He promiseth to acknow- ledge his fault publiquely at Wyndsor. John Moses, for miscaridges w^i^ Dauid Wilton his daughter, fyned 20s. * With the record of this Court, the official duties of Mr. Welles, as Secretary, terminated. The fecord of the following session, is in tlie hand writing of Mr. (afterwards Captain) John Cullick, Who had been chosen Secretary in May previous, and who continued in office until 1658. op connecticut. 165 [178] Att a meeting of the Generall Courte in Hartford, THIS 12'^i» DAY of July, 1648. Whereas seuerall inconveniences doe appeare by reason that the seuerall souldgers of the Trained bands, in each Towne within this Jurisdiction, haue not beene allowed some powder vppon theire training dayes, for their practice & exercise in their seuerall firings : It is Ordered that theire shall bee allowed to euery souldger in the seuerall Trained Bands in each Towne as aforesaid, halfe a pound of powder a peece, for a yeare : and so from yeare to yeare, for the future : to bee prouided by and at the proper costs & chardges of the masters and gouerncs of each familie vnto w^h the said souldgers doe belong, to bee called forth, improued and disposed of, at the discretion of the Captaine or other principall leaders in each Trained Band. Att a Perticular Courte houlden in Hartford, the 7*^^ Septemb'', 1648. Magistrates : Mr. Wells, Moderate ; Mr. Webster, Mr. Woollcott, Mr. Cullick. The Jury : Mr. Henry Woollcott, Jur : Will: Pantry, Will: Leawis, Will: Gibbens, Rich: Buttler, John Ed- wards, Sam: Hale, Sam: Smith Junio', Luke Hitchcock, John More, Antho: Hawkins, Aaron Cooke ; Jur. , George Chappell contra John Goodrich in an action of the Case. Withdrawne. Jeames Wakely pi*, contra Nath: Ward defends in an action of the Case. Mrs. Whiting pit, contra Jonathan Brewster defend^, in an action of Debt, 33/. 18s. Damages 10/. Nicho: Olmsted pi*, contra John Halls senior in an action of the Case ; damages, 40s. Tantom Heage, an Indian, plS contra Jeames Northam & Robert Boltwood defend^s ; damages, 20/. Jeames Northam plS contra Jeruis Mudge defend* ; dama- ges, 30/. Jeames Northam plS contra Jeruis Mudge defend*, in an ac- tion of the Case ; damages 30s. 166 PUBLIC RECORDS Jeruis Mudge plS contra Jeames Northam defend*, in an ac- tion of the Case ; damages, 3/. In the action of Nicho: Olmsted pi*, contra Jo: Halls defend*, the Jury finds for the pi*, damages 5s. and costs of the Courte. In the action of Tantom Heage, an Indian, pi*, contra Jeames Northam and Rob*: Boltwood defend*^, the Jury finds for the pi*, damages, 10/. and costs of the Courte. In the action of Jeames Northam pi*, contra Jeruis Mudge defend*, damages 30/. ; the Jury finds for the pi*, damages 3/. and costs of the Courte. In the action of Jeames Northam pi*, contra Jeruis Mudge defend*, damages, 30s. ; the Jury finds for the pi*, damages, 12s. 6d. and costs of the Courte. In the action of Mrs. Whiting pi*, contra Jonath: Brewster defend*, the said Jonathan Brewster being called in Courte, or Elias Parkman his p^tner, neither of them did appeare to answer the action, wherby his Recogniscance is forfeitt. In the action of Jeames Wakely pi*, contra Nath Warde de- fend*, the action is deferred to the next perticular Courte, by theire joint consent. [179] Att a Generall Courte vppon the 14*^ day of Sep- tember, 1648. Magistrates : Mr. Wells, Moderato"", by Vote. Mr. Woolcott, Mr. Webster, Mr. Cullick. Deputyes: Mr. Steele, Mr. Taylecoat, Mr. Allyn, Mr. Phelps, Mr. Clark, Mr. Westwood, Jo: Bissell, Andn Bacon, Mr. Trott, Jeames Boosy. The Courte is adiourned to the W^ day of October next, ex- cept the Gouerno'' see cause to call it sooner. Att a session of the Generall Courte, this 11*1^ day of October, 1648. Mr, Hopkins Esq', Goui^nor. Mr. Ludlow Esq"-, Deputy. OF CONNECTICUT. 167 Mr. Wells, Mr. Webster, Mr. Cullick. Deputyes : Mr. Phelps, Mr. Allyn, Mr. Steele, Mr. Clarke, Mr. Westwood, Jo: Bissell, Sam: Smith, Andrew Bacon. Thomas Lord was called vppon for selling Lead to an Indian, and he is to answer the next Courte. The Courte is adiourned to the 8th Jay of November next. [180] Att a Perticular Courte houlden in Hartford, this 17*^^ DAY OF October, 1648. Edward Hopkins Esq^, Goumor. Magistrates : Jo: Haynes Esq', Mr. Wells, Mr. Wooll- cott, Mr. Webster, Mr. Cullick. Jury : John Tailecoate, Nath: Warde, Will': Wads worth, Andrew Bacon, Sam: Smith, Nath: Dickerson, Thomas Coleman, John Demyn, Mr. Phelps, Mr. Clarke, Mr. Allyn, John More. Elias Partman contra Edward Lee, in an action of the Case, damages, 405. Edward Lee is adiudged by the Courte to pay to Elias Partman 20s. for a Cannooe Edward Lee acknowledg- eth hee bought of Elias. Judgment is graunted by the Courte to Jeames Northam and Rob* Boltwood against Jeruis Mudge. John Bissell contra John Hawkes in an action of the Case, damages, 40s. In the action of the Case, damages 405., bet: John Bissell pi* and John Hawkes defends the Courte findeth for the defends costs 35. John Bissell complaines against John Bennett, for non prformance of covenant with him. John Drake complaines against John Bennett for saying he had intised and drawne away the affections of his daughter. John Griffin complaines against John Bennett for slaunder- ing and defaming of him, by charging him with giuing in to the Courte false euidence and testimonye. John Bennett being called in Courte, S^geant Fyler appeared 168 PUBLIC RECORDS in his behalfe, but would not answer to those things that were complained of against Bennett. George Chappell and Mathew Williams hauing forfeited theire Recogniscance, the judgement is suspended till they shall bee found or knowne to bee at the howse of Thomas Ford or John Sadler : and the judgem<^ of the Courte is, that if either George Chappell or Mathew Williams shall hereafter bee in either of the bowses aforesaid, and the said Thomas Ford or John Sadler shall not make it knowne to some of the Magis- trates within 24 houres after theire or either of theire being in theire bowses or either of theire bowses, they shall pay the Re- cogniscance forfeite as aforesaid. The distribution of the estate of Thomas Dewey, of Wynd- sor, deceased, was by this Courte, as foUow^h : To his Relict, 60/. . . . . . 60. 0. To his eldest Sonne by name Thomas Dewy, 30. 0. And to the other fiue children 20/. a peece, 100. 0. 190. 0. 0. The daughters portion of 20/. to bee paid her at the age of 18 yeares, and the severall sonns portions to bee pd. to them at the age of 21 yeares : the Relict giving in suffitient security to the children, before her marriage againe, for theire severall por- tions. [181] October 17th, 1648. Jury : Mr. Phelps, Mr. Clark, Jo: Demyn, Jo: More, Srgt Fyler, Nath: Dickerson, Tho: Coleman, Sam: Smith, John Hawkes. In the action of Jeames [ Wahehj'] pi* contra Nath: Warde defends the Jury finds for the defend* costs of the Courte. The Courte adiudgeth Peter Bussaker, for his fillthy and pro- phane expressions (viz. that hee hoped to meete some of the members of the Church in hell ere long, and hee did not ques- tion but hee should,) to bee coinitti d to prison, there to bee kept in safe custody till the sermon, and then to stand in the time thereof in the pillory, and after sermon to bee seuerely whipt. . OF CONNECTICUT. 169 The Courte gaue order for an attachm*^ to issue forth vpon the whole estate of Peter Bussaker, in whose hands soeuer, for the security of his creditors. William Vincent is adiudged by the Courte to pay 2s. 6d. for neglecting his warde, and Nicho: Clarke is fyned 12d. for concealing it. The Courte giues Mr. Cullick order to administer vppon the estate of his man Richard Sawyer deceased ; there being eui- dence in Courte that Richard Sawyer said before his death that hee would leaue all that hee had to the dispose of his Ma"^ Cul- lick. John Lord, Taylor, acknowledgeth himselfe bound in a Re- cogniscance of 20/. to this Comon wealth, to carry good beha- uio"" in his course of life ; and Thomas Lord his brother is his security in that behalfe. John Betts acknowledgeth himselfe bound to this Comon wealth in a Recogniscance of 10/. to carry good behauiour in his course of life, and Nicho: Olmsted is his security in that be- halfe. [182] Att a Session of the Generall Courte this 8^^ day OF NoVEMB'', 1648. Magistrates : Jo: Haynes Esq"", Moderator : Mr. Wooll- cott, Mr. Webster, Mr. Cullick. Deputies: Mr. Phelps, Mr. AUin, Mr. Clarke, Mr. Steele, Andr: Bacon, Jo: Bissell. The Courte being mett, was adiourned to the 6*^ day of De- cember next. Att a Session of the Generall Courte, this 6*^ of De- CEMB'', 1648. Edward Hopkins Esq^ Gou'^no'". Magistrates: Mr. Wells, Mr. Woollcott, Mr. Webster, Mr. Cullick. Deputies : Mr. Phelps, Mr. Clarke, Mr. Trott, Mr. Allyn, 16 170 PUBLIC RECORDS Mr. Taylecoate, Mr. Westwood, John Bissell, Sam: Smith, Andrew Bacon, Nath: Dickerson, Jeames Boosy. The Courte hauing taken into consideration the many occas- sions that are in veiw at p^sent, and Hke to bee for the future, of drawing away Corne from amongst vs, out of the Riuer, or in- gaging of it aforehand to those that doe carry it out from amongst vs, before the time of the payment of the Corne to Mr. George Fenwick, for the Fortt Rate, that when diuers peo- ple should pay to him, according to order, there corne is gone, wherby Mr. Fenwick hath for the time past susteined some loss, and may doe more for the future : — For the prevention whereof, it is ordered, that the Treasurer shall send out warrants season- ably to the Constables of each Towne vppon the Riuer within this Jurissdiction, for the gathering or otherwise securing of the aforesaid Corne for Mr. Fenwick, by the first of March ; that it may bee in readines, when called for, according to order and couenant, by Mr. Fenwick or his assigne ; and Mr. Wells for Wethersfeild, Mr. Webster for Hartford, and Mr. Woollcott for Wyndsor, are desired to call vppon the Constables in their seu- erall Townes, for the returne of their warrants by the aforesaid first of March. It is ordered, that there shall bee a day of Humilliation kept by all the Churches in this Jurissdiction, to seeke the face of the Lord in the behalfe of his Churches, vppon this d9,y fortnight, w^^ will bee the 20*^ day of this instant Decemb'". The order concerning the price of Boards, is repealed. The Courte is adiourned to the last Thursday in Jan'uary next, being the 25^^ day thereof. [183] The Perticular Courte, this 7'^ Decemb^, 1648. Edward Hopkins Esq"", Gou'^no'". Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster, Mr. Cullick. Jury : Mr. Phelps, John Tailecoate, Will: Wads worth, Andr: Bacon, S;im: Smith, Nath: Dickerson, Thomas Coleman, John Demyn, Mr. Clarke, Mr. Allyn, Will: Gibbens, John More. OF CONNECTICUT. 171 The Courte adiudgeth Jeruis Mudge to pay to Jeames Nor- tham and Robert Boltwood, for his pn of the damage they paid to Tantotn Heage, if hee had 8 head of cattle trespassers, 37s. 6d. in good, dry, well-conditioned Indian Corne. Mathius Trott acknowledgeth himselfe bound to this Common wealth in a Recogniscance of 20/. and Thomas Burnham in a Recogniscance of 10/. that hee the said Mathias Trott shall ap- peare at the next Perticular Courte houlden in Hartford. It is the judgement of the Courte that John Jennings should serue Jeames Northam first, so long as hee couenanted with him, and when his time is out with Northam, that then hee should serue Stephen Harte in the next place. The Courte frees John Betts and his security, and John Lord and his security, for theire and either of theire Recogniscances, for the good behauior of John Betts and John Lord aforesaid. The Jury finds the Bill of Inditement against Mary Jonson, that by her owne confession shee is guilty of familliarity with the Deuill. John Edmonds p^ contra the wife of Joshuah Jennings de- fendS in an action of slaunder, damages 50/. In the action of John Edmonds pi* contra the wife of Josh- uah Jennings defend', the Jury finds for the plS 5/. and costs of the Courte. John Bennett appearing to answer the complt^ made against [Jii?n] last Courte, and expressing his repentance, and promising better carriage for the future, the Courte is willing once more to pass by his corporall punishment ; and Will: Edwards ack- nowledgeth himselfe bound to this Common wealth in a Recog- niscance of 20/. that John Bennett shall carry good behauic in his course of life for the space of halfe a yeare. The perticu- lar Courte vppon the first of March, 1648, frees John Ben- nett and William Edwards, his security, from theire Recog- niscance for good hehauio^, as appeares hy the Records of that Court: The Courte frees Henry Palmer from his Recogniscance for his wiues appearing at the last perticular Courte, to answer the compl* of Mr. Robins : as also, remitt the miscariage of his wife therein, hoping it will bee a warning to her and others for the future. 172 public records [184] The Perticular Courte, in Hartford, this 28*^ DAY OF Decemb'", 1648. Edward Hopkins Esq^ Goufnor. Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott, Mr. Cullick. Jury : Mr. Trott, Thomas Ford, John White, Nath : Ely, Rich: Smith, Luke Hitchcock, Sam: Hale, Henry VVooU- cott, Humphry Pinny, Dauid Willton, Walter Fyler, Rich: Goodman. John Willcock senior, pl^ contra Jeruis Mudge defend^ in an action of debt, 7/. Rich: Fellowes pi* contra Will: Vincent defend*, in an action of debt and damages, 18s. Richard Fellowes pi* contra Richard Coaker defend*, in an action of debt and damage, 8s. Jasp»' Gunn pi* contra Nicho: Olmsted defend*, in an action of the Case, dainages 41s. Beniamin Hilliar pi* contra Thomas Edwards defend*, in an action of Slaunder, to the damage of 40Z. Jeruis Mudge pi* contra Will: Colefax defend*, in an action of debt and damages, 16/. John Cullick pi* contra George Abbott defend* in an action of debt & damages, 30s. John Cullick pi* contra Jeruis Mudge defend*, in an action of debt and damages 20s. Jonas Wood of Long Hand pi* contra Thomas Newton of Fairefeild, in an action of the Case, damages 150/. Thomas Newton pi* contra Jonas Wood defend*, in an action of the Case for breach of couenants, to the damage of 200/. In the action betwene John Willcock senior pi* contra Jeruis Mudge defend*, the Jury findes for the pi*, 7/. costs of the Courte and wittnesses. In the action betwene Beniamin Hilliar pi* and Thomas Ed- wards defend*, the Jury findes for the defend*, costs of wit- nesses. In the action of Jeruis Mudge pi* and Will: Colefax defend*, the Jury finds for the pi*, his bill, 13/. 16s., and costs of the Courte. OF CONNECTICUT. 173 In the action of Jasp"^ Gunn pi* contra Nich: Olmsted defend*, the Jury findes for the defend*. [185] In the first action of Jonas Wood pi* contra Thomas Newton defend*, the Jury findes for the pi*, that the defend* shall discharge or cause to bee discharged the bond that the pi* and his frends lye under at the Monatoes, w<^h was to answer the defend*^ ingagemt there, and to pay unto him 30/. besides, and costs of Courte. In the action of Thomas Newton pi* contra Jonas Wood de- fend*, the Jury findes for the pi*. The defend* is to deliuer to the pi* the two Cowes and the Steare, with theire increase if any, and twenty shillings in wampum, according to the bargaine> and if the said cattle cannott bee gott then the defend* is to pay him 18/. and costs of Courte. In the action of debt of John Cullick pi* contra George Ab- bott defend*, the Courte findes for the pi*, 305. In the action of debt of Capten John Cullick pi* ag* Jeruis Mudge defend*, the Courte adiudgeth the defend* to pay twenty shillings damadge to the pi*, and costs of Courte. In the action betwene Rich: Fellowes pi* and Will: Vincent defend*, the Courte adiudgeth the defend* to pay to the pi* 14s. 6d. In the action of Rich: Fellowes pi* contra Rich: Coaker de- fend*, the defend* not appearing to answer the action, the Courte giues order for an attachm* to issue forth ag* his body. Enoch Buck of Wethersfield acknowledgeth himselfe bownd to this Comon wealth in a Recogniscance of 10/. toapp"" at the next perticular Courte in Hartford. Enoch Buck appearing at the Courte this first of March is freed from his Recog- niscance. John Russell seruant to Mr. Robins, acknowledgeth himselfe bownd to this Comon wealth in a Recogniscance of 10/. to make his appearance at the next perticular Courte in Hartford. Beniamin Hilliar acknowledgeth himselfe bownd in a Recog- niscance of 30/. and Sam: Smith senic in a Recogniscance of 20/. that the said Beniamin Hilliar shall make his appearance at the next perticular Courte in Hartford & carry in the Inte- rim good behauio'. He appearing at y' Covrte y' first of March, they are freed from this Recogniscance. 16 * 174 PUBLIC RECORDS Walter Leawis, seruant to M^s Hollister, acknowledgeth himselfe bound to this Comoii wealth in a Recogniscance of 20/. and Mr. Trott in a Recogniscance of lOZ. that the said Leawis shall app^ at the next perticular Courte in Hartford & carry good behauio^, John Bernard of Hartford is fyned 2s. Vid. for not appearing- being called to serue vppon the Jury. Dauid Willton of Wyndsor is fyned 2s. vi^., for not appear- ing timely at the Courte, to serue on the Jury. [186] Thomas Newton of Fairefeild acknowledgth himselfe bound to this Comon wealth in a Recogniscance of 200/. that hee will answer, truly performe and discharge the verdict of the Jury in the action betwene Jonas Wood plS and himselfe de- fend*, at or before the last day of Febr: next, and Henry Grey and John Greene, both of Fairefeild are his security in the like sum for his true performance thereof And Jonas Wood of Long Hand ingages his interest in the Recogniscance aboue written, that hee will truly performe and discharge the verdict of the Jury in the action betwene Thomas Newton plS and himselfe defend*, at or before the last day of Febr: next. A Session of the Generall Courte in Hartford this 25th Jan'-: 1648. Edward Hopkins Esqi", Gou^'no''. John Haynes Esq"". Magistrates : Mr. Wells, Mr. Woolcott, Mr. CuUick. Deputyes : Mr. Phelps, Mr. Clark, Mr. Trott, Mr. Allyn, Sam: Smith, Nath: Dickerson, Mr. Steele, Mr. Tayle- coat, Mr. Westwood, John Bissell, Jeames Boosy. John Bissell vnd'-takes to keepe and carefully to attend the Ferry ouer the great Riuer at Wyndsor, for the full tearme of geuen yeares from this day, and that hee will provide a suffi- tient Boate for the carrying over of horse and foott vppon all occasions : And that if his owne occasions should necessitate him at any time to goe out of call from his howse or Ferry, that then hee will provide some able man in his roome to at- OF CONNECTICUT. 175 tend that seruice ; for w^h the said John Bissell is to haue of those that hee Ferryes ouer, eight pence for euery horse or mare, and two pence for euery person that goes ouer therewith, or that hath another passenger to goe ouer the said Ferry at the same time ; and three pence for euery person that goes ouer the said Ferry alone, single, or without any more thenhimselfe at the same time. And the Courte prohibitts all other persons (except the inhabitants of Wyndsor, who haue libberty to carry ouer themselues or neighbor's in theire owne Canooes or Boates,) from carrying ouer the said Ferry any passenger or passengers, when the said John Bissell or his Assigne is present, or within call of his howse or Ferry as aforesaid, to attend that seruice. And if any person or persons as aforesaid shall at any time during the aforesaid tearme, goe ouer by Indians or Inglish that haue not Boates or Cannoes of theire owne, that they pass ouer the said Ferry in, they shall as truly pay 8d. for euery horse or mare, and 2c?. for euery person, as if they went ouer with him. And the Courte allso giues the said John Bissell liberty to releiue such strangers and passengers as cannot goe to the ordinary, and to take of them convenient and reasonable recompense for the same. This was consented to by John Bissell in Courte. It is Ordered that Thomas Stanton shall haue paid him yearely by the Country, fiue pownds for his seruice in attending the Courte, or any of the Magistrates, as occassion shall require in any of the 3 Townes, Hartford, Wyndsor and Wethersfeild, to interprett the Indian language : and hee is to bee considered over and aboue, for his extraordinary seruice out of the said Townes. This order to continue till the Courte sees cause to the contrary. There is a rate of 125/. graunted by y^ Courte, to bee deuided as followeth : Hartford, 35/. 10. Long Hand, 05. 00. Wyndsor, 24. 10. Fairefeild & Stratford,20. 00. Wethersfeild, 24. 00. Seabrook, 08. 00. 25. 00. Farmington, 08. 00. 100. 00. 100. 00. Totall, 125. 00. To bee phed peage and thai the Enghsh Traders, after it conies to their hands, choo.'-e out whatt fitts their nrrl of Febf, 1650, as appeares by the Records of that Courte. 208 PUBLIC RECORDS [5] A Session of the Generall Courte, the 21*^ of May, 1650. Edw: Hopkins Esq"", Gouernoi". John Haynes Esq^, Deputy, Magistrates : Roger Ludlow Esqf, Mr. Wells, Mr. Web- ster, Mr. Woollcott, Mr. Cullick, Mr. Clarke. Deputyes : Mr. Taylecoat, Mr. Steele, Mr. Warde, Edw: Stebbing, Mr. HoUister, Andr: Bacon, Nath: Dickerson, Will: Beardssly, Tho: Sherratt, John Dement, Steph: Harte, Tho: Tomson. This Courte takinge into serious consideracon, the losse of time that the souldgers pressed vppon the last expedition against the Indians, might sustaine by theire depending therevpon, doe allowe to the common souldgers 6s. Qd. a peece, and the ser- geants 105. a peece. This Courte graunts execution to Newton against John Cable, according to the judgm* entred the 7*^ of June, 1649. This Courte, considering the Returne of Danyell Titterton and John Hurd, about a percell of land lying neare the Towne of Fairefeild, according to theire order from the Generall Courte of Election, in May, 1649, doe graunt vnto the said Towne of Fairefeild the said percell of land to Sagatuck Riuer : provided the said Sagatuck doe not exceed two myles from the bounds of the said Fairefeild. Whereas, a thousand acres of ground at Pequett were for- merly graunted to Capt: Mason, as a gratuity for his good ser- vice at the Pequett warr ; fine hundred whereof hee gaue to fiue of his well deserving souldgers, w^h now the plantation of Pequett hath taken vp at the graunt of the Courte ; this Courte judgeth it meete that those fiue souldgers should bee rationally recompensed and satisfied for the same, either at Niantecutt (if the Courte shall not finde it deepely inconvenient to the Common wealth or the Plantacon of Pequett,) or else in some other place or way. This Courte vppon request made, adds to the bounds of the plantation of Pequett, two myles from the Sea northward, vppon the same tearmes and cautions that theire former bounds were graunted. And to theire proposition for a further addition of OF CONNECTICUT. 209 meadow, wh they desire may bee at Niantecutt, this Courte declares that when the said Niantecutt is veiwed, and it doth appeare to the Courte that they may be accommodated there, [6] according to theire desire, || and yet this Common weahh suted allso (as was suggested by some interested in the said Towne of Pequett,) they shall attend theire reasonable satisfac- tion therein. Will: Rescews bill of charges for Elizabeth Johnsons impris- onment to the first Thursday of the next month, being 24 weekes, amounting to 6/. 105. is allowed and approued : and the Courte desires Mr. Ludlow and Mr. Warde to see the bill discharged to the said Will: Rescew out of her estate. Whereas Mr. Jonathan Brewster hath set vp a trading howse at Mohigen, this Courte declares that they cannott but judge the thinge very disorderly, neuertheless considering his condi- tion, they are content hee should proceed therein for the pres- ent, and till they see cause to the contrary. This Courte desires the Gouerno'' and deputy to execute the place of Comissioners for this Jurissdiction, with the vnited Colonyes, for the meeting in Septemb' next and for the yeare ensuing. This Courte graunts to Capt: John Mason fifty acres of ground neare a brooke, about foure or six myles on this side Mohegin, w^h is in consideracon for the land they graunted him at Pe- quett vppon the conquest. Henry Grey is fyned twenty shillings for abusing the Courte. This day 3 weekes is appointed for a day of Thanksgiuing publicquely, in all the Churches within this Jurissdiction. The Courte is adiourned till this day 5 weekes. [7] A Session of the Generall Courte, the 26'^ June, 1650. Edw: Hopkins Esq"", Gouerno''. John Haynes Esq"", Deputy. Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott, Mr. Cullick, Mr. Clarke. 19* 210 PUBLIC EECORDS Deputyes : Mr, Steele, Mr. Taylecoat, Mr. Allyn, John Bissell, Edw: Stebbing, Andr: Bacon, Nath: Dickerson, Dauid Willton, John Deming, Steph: Harte, Tho: Tomson. John Taylecoat Junior, being presented as chosen En[signe] to the Trained Band in Hartford, this Courte approues and con- iirmes the said choyce. Natha: Ely and Richard Olmsted in the behalfe of themselues and other Inhabitants of Hartford, desired the leaue and ap- probation of the Courte for planting of Norwaake, to whome an answer was returned in substance as foUoweth : — That the Courte could not but, in the generall, approue of the indeauo^'s of men for the further improuement of the wildernes, by the beginning and carrying on of new plantacons in an or- derly way; and leauing the consideracon of the just grounds of the proceedings of the petitioners to its propper place, did manifest theire willingness to promoate theire designe by all due incouragemt, in case theire way for such an vndertaking were found cleare and good : and prouided the numbers and quality of those that ingage therein appeare to bee such as may rationally carry on the worke to the advantage of the publique wellfare and peace ; that they make preparations and provi- sions for theire owne defence and safety, that the country may not be exposed to vnnecessary trouble and danger in these haz- ardous times ; that the devisions of the lands there to such as shall inhabitt, bee made by just rules and with the aprobacon of a Comittee appointed for that end by this Courte, or to bee rectified by the Courte in case of aberrations, and that they attend a due payment of theire proportions in all publique charges, with a ready observation of the other wholsome or- ders of the Country. The Courte is adiourned till this day month. [8] A Generall Courte in Hartford, the 12'^i> of Septemb', 1650. Edw: Hopkins Esq"", Gouerno^ Magistrates : Mr. Wells, Mr. Webster, Capt: Mason, Mr. Woollcott, Mr. Cullick, Mr. Clarke. OF CONNECTICUT. 211 Deputyes : Mr. Brewster, Mr. Phelps, Mr. Taylecoat, Mr. Allyn, Mr. Steele, Edw: Stebbing, Andr: Bacon, John Bissell, Dauid Willton, Tho: Mynor, Steph: Harte, Nath: Dickerson, Sam: Smith, Mr. Warde, Tho: Judd, Tho: Staples. Mathew Allyn, appealing to this Courte for justice in refer- ence to the 3 first verdicts of the Jury at the perticular Courte, the 5th day of this instant September, the contents of w^h ver- dicts may and doth fully appeare in the Records of that Courte ; They haue taken them perticularly into theire serious consid- eracon, and therefore haue concluded and determined as fol- lowth; — First, that they see no just cause to varye from or allter the first verdict of the Jury, and therefore doe allowe and confirme the same, namely, that Thomas Allyn should haue his speciali- ties of Mathew Allyn, with 10s. damage and costs of the Courte : For the 2"^, w^h was for vniust molestation and the damage therevpon, w^^^ the Jury found to bee sixty pounds, this Courte declares that they doe judge that Thomas Allyn was vniustly molested by Mathew Allyn, but cannott judge the dammage to bee so great as the Jury did finde, and therefore doe declare and determine that the dammage should bee brought downe to twenty marke and costs of Courte : For the 3*^, w^^ was for expences about cattle, this Courte approoues of the verdict of the Jury therevpon, w^ii is that the said Mathew Allyn shall pay vnto the said Thomas, forty fiue pounds and costs of Courte : And this Courte doth further conclude, adiudge and deter- mine, that Mathew Allyn shall pay vnto his brother Thomas, the full suih of fiue pounds over and aboue what was determin- ed by the severall verdicts of the Jury, w«=h fiue pounds is for the said Thomas his charges of trauells. This Courte desires Mr. Gouerno^ Mr. Deputy and Mr. Web- ster to consider of the graunt of land to Thomas Bull and oth- ers, and to settle somthing vppon them according to the graunt of the Courte in May last. Mr. Gayler and John Bissell are chosen by this Courte to 212 PUBLIC RECORDS arbitrate in a difference betweene Mr. Richard CoUecott and Mr. Mathew Allyn, and to put an issue tiierevnto. The Courte is adiourned to next Wednesday come 3 weekes. [9] A Session op the Generall Court, the 9^^ of Octo- ber, 1650. Edward Hopkins Esq"^, Gouerno''. Magistrates : Mr. Woollcott, Mr. Cullick, Mr. Webster, Mr. Clarke. Deputyes : Mr. Trott, Mr. Allyn, Mr. Phelps, Mr. Steele, Sam: Smith, Natha: Dickerson, John Bissell, Edw: Stebbing, Andr: Bacon, Dauid Willton, Steph: Harte. It is ordered by this Courte that the Guards in the [seuejrall Townes within this Jurissdiction, shall bee allowed yearely, halfe a pound of powder a man, to bee prouided by and at the charge of theire seuerall Townes. The Courte appoints next Wednesday 3 weekes to bee kept a publique day of Thanksgiuing. The Courte is adiourned till next Wednesday come fortnighte. A Session of the Generall Courte, the 31st qf Octob'', 1650. Edw: Hopkins Esq^, Gouerno''. John Haynes Esqi", Deputy. Magistrates : Mr. Wells, Mr. Webster, Mr. Woolcott, Mr. Cullick, Mr. Clarke. Deputyes : Mr. Phelps, Mr. Allyn, Mr. Steele, Mr. Trott, Natha: Dickerson, Dauid Willton, Sam: Smith, Edw: Stebbing, Andr: Bacon, Tho: Coleman, Tho: Judd. Thomas Standly, of Hartford, complaining to this Courte of a dissabillity in one of his armes, (w^h was broken not long since,) to handle his Armes and to doe his postures in millitary discipline, vppon training days ; this Courte frees the said Thomas Standly from his training, till they shall see just caus& to allter the same. The Courte is adiourned till next Munday. OF CONNECTICUT. 213 [10] A Session of the Generall Courte, the 3^ of No- vember, 1650. Edw: Hopkins Esq^, Gouernor. John Haynes Esq)", Deputy. Magistrates: Mr. Wells, Mr. Woollcott, Mr. Webster, Mr. Cullick, Mr. Clarke. Deputyes : Mr. Phelps, Mr. Allyn, Mr. Steele, Mr. Tayle- coat, Edw: Stebbing, Andr: Bacon, Tho: Coleman, Tho: Judd. Greenfill Lerreby, for his dissorderly carriage, is fyned fine pounds, — 5/. Stephen Danyell is fyned for the same, forty shillings, — 40s. And both of them are required if Joshuah Jennings (whome they rescued or at least conueyed from the power of authority,) come aboard their shipp againe, either vppon the Riuer or at Seabrooke, to deliuer him vp to authority. It is ordered and concluded, that whereas the Towne of Fairefeild hath not attended this Courte with a just and perfect list of the estate of theire Towne according to order of Courte, as they were inioyned, and required to doe, they shall pay to the Common wealth twenty nobles as a fyne for theire neglect if not contempt therein: and to pay to the Country, by rate for this yeare, according to the estate they formerly gaue in. The fyne of twenty nobles is remitted, as appeares by the Records of the Courte, 15'^ May, 1651. It is ordered, that the Treasurer shall send forth his warrants into the seuerall Townes, for the Country Rate, according to the rule in Courte for this present yeare ; and that hee shall keepe a just account how and for what he doth expend the same. The Courte is adiourned to the first Wednesday in Feb"" next. [11] A Session of the Generall Courte, this 5th qf Fes'", 1650. Edw: Hopkins Esq"", Gouerno"'. John Haynes Esq"", Deputy. 214 PUBLIC RECORDS Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster, Mr. Cullick, Mr. Clarke. Deputyes : Mr. Steele, Mr. Taylecoat, Mr. Trott, Edw: Stebbing, John Bissell. Nath: Dickerson, Dauid Willton, Andr: Bacon, Sam: Smith, Tho: Coleman, Steph: Harte, Tho: Judd. Whereas there is an order of Courte amongst vs w^^ prohib- itts all perticular persons within this Jurissdiction from buying any land of the Indians, either directly or indirectly, vnder any pretence whatsoeuer ; this Courte add^h therevnto and orders, that no perticular person whatsoeuer shall buy of the Indians, either directly or indirectly, any timber, candle wood or trees of any sorte or kinde, within this Jurissdiction, though it bee without the bounds of the seuerall Townes. Whereas, it doth appeare that much hurte, loss and damage doth acrue to this Common wealth and to perticular persons in the seuerall plantations, by those hoggs that are kept or beard- ed in the woods, by theire rooting vpp and wronging otherwise the common feed of cattle, and by theire hanging about and breaking through such fences as are suffitient against other cat- tle, into mens corne, and spoiling the same. It is ordered by this Courte, that if any hoggs or swyne shall bee found within three myles of any dwelling howse, in any of the plantations within this Jurissdiction (except such as are kept in mens yards, w^h are to bee ringed or yoaked when found in the streete, accord- ing to the order of Courte, in May last,) from the first of March to the middle of October, they shall forfeitt sixpence a peece, for euery time they are soe found. Whereas, by vertue of an order in May last, each Towne shall chuse among themselues fiue able men, to consider and order the best way of improuing and fencing common lands ; It is ordered by this Courte that the seruice committed to them, in all the perticulars thereof, w^h appeares more fully in the said order, shall bee attended by the Townsmen, or those men that are chosen to order and attend the affaires of the seuerall Townes wherein they line, within this Jurissdiction, and what- soeuer the maior pn of the said Townsmen in their seuerall Townes shall agree vppon, conclude, determine and order, ac- cording to the former order of fiue men, shall in all respects OF CONNECTICUT. 215 bynde and bee attended as fully as if it had beene done by the said fiue men. Thomas Horskins, of Wyndsor, being p^'sented as vnfitt and dissable to attend Trainings, watching and warding, this Courte frees him from the seruices aforesaid, during his dissabillity. [12] Whereas it doth appeare to this Courte that those Townes that are more remoate are at more and greater charge in bring- ing the Corne of their Townes, for the ordinary Country Rates, than those Townes or persons that are nearer to the Treasurer, place or places of payment, as occassions shall or may require ; It is ordered by this Courte, that for such corne as Wyndsor shall pay to the Rates aforesaid and bring downe to Hartford in corne, they shall bee allowed two pence in the bushell, and for what corne aforesaid they shall carry to Wethersfeild, they shall be allowed three pence p"^ bush: And Farmington three pence p"" bush: for what such corne they shall bring to Hart- ford, and if they carry it further they shall bee allowed reasona- ble satisfaction for the same, ouer and aboue the aforesaid three pence p"" bushell. A Committee for the clearing of the agreement with Mr. Fenwick, chosen by this Courte, are as foUow^h: Mr. Haynes, Capt. Mason and Mr. John Steele; these are for the clearing of the first agreement, being the Committee that made the said agreement. And for the second agreem^ Mr. Clarke and Mr. Taylecoate, whoe are to draw out a true coppy of both the said agreements vnder Mr. Hopkins his hand, w^h said coppie or coppies shall bee kept vppon record and fyled by the Secretary. And this Courte graunts libberty to each Towne to send any two of theire Inhabitants to the meeting of the aforesaid Com- mittee, to heare the said agitacons, and to satisfie theire seuerall Townes with the grounds of any conclusions that they may make, that so all scruples may bee remoued and all hearts sat- isfied and quieted for y^ future in the premisses : w^h said time of meeting for the Committee aforesaid, is the first Tuseday of the next month, being commonly called March, at the Gouern- C^s howse ; and the Deputyes of the seuerall Townes are de- sired to giue seasonable notice to theire said Townes of the premisses, that so no Towne may plead that they did not know 216 PUBLIC RECORDS of the same : only speciall notice is to bee giuen to Capt. Ma- son and the Towne of Seabrooke. This Courte graunts and orders, that the Secretary shall bee allowed and paid the suin of six pounds, being in p^t of payment for his great paines in drawing out and transcribing the coun- try orders, concluded and established in May last. This Courte is adiourned to the 2^ Lecture day in March next, after ye sermon. [13] A Session of the Generall Courte, in Hartford, THIS 19tii March, 1650-51. Edw: Hopkins Esq"", Goui^no"^, John Haynes Esq"", Deputy. Magistrates : Mr. Wells, Capt: Mason, Mr. WooUcott^ Mr. Webster, Mr. Clarke, Mr. Cullick. Deputyes : Mr. Phelps, Mr. AUyn, Mr. Tailecoat, Mr. Trott, John Bissell, Sam: Smith, Natha: Dickerson,. Tho: Coleman, Andr: Bacon, Edward Stebbing, Tho:- Judd. Whereas vppon former information giuen to this Court that William Cheessbrooke (a smith, somtimes an Inhabitant in the Massachusetts, but more lately at Seacunck, alias Rehoboth, in the Jurissdiction of New Plimouth,) had begunn to settle him- selfe at Pacatuck, a place within the limitts of this Colonye,. order issued out to the said Cheessbrooke,* vppon seuerall weighty consideracons, either to depart the place, or to make his appearance, and giue an account of his proceedings, where- vnto hee submitted, and by a poenall obligation ingaged him- seife to attend : The said Cheesbrooke now presented himselfe to this Courte,. and in way of Apologie professed his sitting downe there was besides his purpose and intendment, his ay me being to settle at Pequett plantation, but finding that place in seuerall respects vnsutable to his expectations, and hauing disposessed himselfe of his former aboade, hee was in a manner necessitated for the * See page 200, ante. S ^ ^« fr> ^^ r OP CONNECTICUT. 217 preservation of his estate to make winter provision for his cattle there, wherevnto hee was allso incouraged by Mr. John Win- throp, who pretended a Comission from the General! Courte in the Massachusetts for the planting of those partes. Hee was tould that as the right of that place did clearely appertaine to this Colonye, so his proceeding was vnwarrantable in sitting downe there without the knowledge and approbation of this GouernemS and it carried (in the open face of it,) the greater ground of offence, in that by his calling hee was fitted, and by his solitary liuing advantaged, to carry on a mischeiuous trade with the Indians, p^'fessly cross [to] the generall orders of the Country, and extreamely preiudiciall to the publique safety, which was increased by reports of practice in that kinde in the place of his last abode ; besides it seemed more than vncomely for a man professing Godliness so to withdraw from all publique ordinances and Xtian society. In his answer, hee acknowledg- ed his former transgression (for w*''' hee justly suffered,) but affirmed (to take of all suspition in that kinde) that at hi^ re- mooue hee sould away his tooles, and thereby made himselfe vncapeable of repairing any gun locks, or making so much as a scrue pinn, either for himselfe or others, and that hee was fully resolued not to continue in that sollitary condition, but had to himselfe good grounds of hopes (if libberty might bee graunted,) in a shorte time to procure a competent company of desireable men, for the planting of the place. The Courte duely considered all that was presented, & though they were willing to make the most favourable construction of his former proceedings, yet they exprest themselues alltogether vnsatisfied in the aforementioned respects, for his continuance there in the way hee is in, and could giue no aprobacon there- vnto, yet they were inclined (hee professing his full agreem* with the approoued Churches of Christe, in all things) if the necessity of his occassions to his owne apprehensions were such that hee would adventure vppon his owne acco^ and ingage himselfe in a bond of a 100/. not to p^'secute any vnlawfuU trade with the Indians, they would not conip[el [to remooue.* ♦ The whole of this last line, (at the bottom of page 13, in the original,) is nearly, apd a por- tion of it quite obliterated. 20 218 PUBLIC RECOEDS [14] And if before the General! Courte in Septemb"" next, hee giue in the names of a considerable company of such persons as the Com^te shall approoue, who will ingage for the planting of the place and sitting downe there before the next winter, and allso submitt themselues to such wayes and rules as shall best promoate the publique good, all meete incouragement shall be giuen in that way :' w<=h being made knowne to William Cheessbrooke, hee thankfully acknowledged the Courts fauo'', and acquiessed in theire determinacon. The Courte is dissolued. A Generall Courte of Election, in Hartford, the 15^^ day OF May, 1651. John Haynes Esq', elected Gou'no''. Edward Hopkins Esq"", Deputy. Magistrates elected : Roger Ludlow Esq"", J ohn Win- throp Esqr, Mr. Wells, Capt: Mason, Mr. Woollcott, Mr. Webster, Mr. Cullick, Mr. Clarke, Mr. Howell, Mr. Tap- ping. Deputyes : Mr. Tailecoat, Mr. Phelps, Mr. Steele, Mr. Trott, Mr. Allyn, Mr. Gayler, Mr. Warde, Mr. Hull, Nath: Dickerson, Dauid Willton, Tho: Coleman, John . Deming, Edw: Stebbing, Andr: Bacon, John Clarke, Tho: Birchard, Tho: Thorneton, Steph: Harte, Tho: Staunton, John Brunson, Tho: Mynor, [Philjlip Groues, absent. Samuell Fittch, Jonathan Rudd, John Strong, Moses Ventris, made free. John Dyer testifieth in Courte, that vppon a time this spring, Mr. Blinman and another of Pequett being at Seabrooke, de- sired this deponent to carry them ouer the Riuer in a cannooe, towards Pequett, \v^^ hee did; and that when hee had sett them ashore, it being wett weather, hee tarried there awhile, in w^h time of his tarrying there came three Indians to him', and that Thomas Leppingwell was with them, w'^^^ said Indians de- sired this deponent to sett them ouer in the cannoe, to Sea- brooke, w^h hee tould them hee would doe if they would worke, OF CONNECTICUT. 219 because the cannooe was heauy ; so hee brought them ouer, and when hee had turned the point into the North Coue, and came neare the vessells that rode there, the said Indians asked this deponent w^h was the Dutch vessell, and hee tould ym wch J then they asked this deponent whether the Dutchman had any coates : hee answered them, tutta ; then one of the In- dians stood vp in the cannooe and called to the vessell and sayd, Way bee gon coates ? Some answered, there was coates : then this deponent tould the Indians, Nux ; then they desired and hee sett them aboard, and this deponent tarried in the can- nooe : then Mr. Augustine, Mi'chS called to the skipper to shew the Indians some cloths, so the skipper and the Indians went downe into the hold, as hee supposed, amonge the cloth, & in the meane time Mr. Augustine spake to this deponent to come ouer, w^h hee did, and after the said Indians had beene a pretty w^hile in the hold with the skipper, the skipper asked Mr. Au- gustine how hee sould a coate of two yards : Mr. Augustine answered, twenty shillings : then this deponent asked the said Augustine if hee sould his cloth for ten shillings a yard; hee answered, yes, to the Indians, but for nine shillings to [15] others, or two bushells of wheat : then this deponent replied that two bushells of wheat was worth ten shillings. So hauing tarried some time, hee asked the Indians if [they] would goe ashoare ; they answered, by and by : then hee tarried awhile, and asked them againe; then one belonging to the vessell tould this deponent that hee might goe away if hee would, and hee would sett the Indians ashoare, when they desired it. So this deponent went home (and left the Indians aboard) and dyned, and spake nothing to any of any Indians going aboard the Dutch vessell ; and allso that hee knew nothing but the Dutch might trade coates, so they did not trade gunns, powder and shott. Thomas Chapman, William Pratt, Jonathan Rudd, Sacha[ry] Sanford and Christopher Huntington, did all testifie in Courtc vppon theire oaths, that they knew nothing of John Dyers carrying Indians aboard the Dutch vessell, and that that was no ground of theire seizing the vessell and goods. Whereas Augustine Herriman, by trading with the Indians at Seabrooke, contrary to order of Courte, hath forfeited his 220 PUBLIC RECORDS vessell and goods, w^h was seized by some of the Inhabitants of Seabrooke aforesaid, This Courte hath taken the same into consideracon, and doe adiudge the said Herrman to pay vnto the said seizures the smTi of for[ty] pounds sterHng, in good pay : Aud that the said Herriman doe giue it vnder his hand, that vppon the tryall and examination of the buisiness, it did appeare that the English had dealt fairely with him all along in that business ; and that there was not any English that drew or caused the Indians to trade with him or in his vessell, to in- trapp or insnare both or either of them. The Gouernor, Mr. CuUick and Mr. Clarke are desired to goe downe to Stratford to keepe Courte vppon the tryall of Goody Bassett for her life, and if the Gouerno' cannott goe, then Mr. Wells is to goe in his roome. This Courte, considering the great inconveniences that occur by reason of Roade Hand interteining of fugitiues, and such as are guilty of capital! crimes and other misdeameno'^, from the seuerall vnited Colonyes, cannott but judge the same to bee ex- treamely preiuditiall to the peace and wellfare of the said colo- nyes, doe order that the premisses should be recomended to the serious consideracon of the Comissioners, that some efFectuall course may bee taken for the redress of the same. [16] This Courte desires that a letter should be written from the Courte to the Jurissdiction of Plymouth, that they would prepare themselues against the next meeting of the Comission- ers, to make appeare vnder w^h of the Colonyes the plantations of Warwick and others doe stand. John Bankes, Edward Adams, Phillip Pinckney, John Hoite and Georg Godding, being fyned twenty shillings apeece, as ap- peares in the Records of the Courte the S^h July, 1G50, this Courte frees the said partyes from theire said fynes, and Thomas Staples fyne of forty shillings is brought downe to twenty. Whereas in the order of Rating, the Comissioners of Faire- feild and Strattford are not inioyned and required to meete the Comissioners in the seuerall Townes vppon the Riuer ; It is now ordered by this Courte that the said Comissioners of Faire- feild and Strattford shall yearely, in the Town of Hartford, two dayes before the Generall Courte in Septemb"", meete with the Comissioners of the said seuerall Townes vppou the Riuer and OFCONNECTICUT. 221 bring with [them'] the lists of the persons and the estates of tiieire seuerall Tovvnes, that they may bee jointly examined and perfected, before they are transmitted to the said Generall Com'te. And if the said Comissioners should not agree, they are to present the grounds of theire difiering and disagreement vnto the said Courte, to bee by them issued and determined; and theire fyne of twenty nobles at the Generall Courte, the 3d of Novemb"", 1650, is remitted by this Courte. There being an occasion of debate in this Courte about Seabrooks non-payment of the proporcon laid vppon that Towne in reference to the purchase and agreement with Georg Fen- wick Esqr, John Clarke and Thomas Birchard, Deputyes for that Towne, did ingage themselues in the behalf of the said Towne of Seabrooke, that there shall bee due payment made of the said leuye due by the said Towne of Seabrooke, to bee paid for 5 yeares now past, in October next, provided theire payment of what is due or shall bee due, bee no preiudice to them or the Inhabitants of Seabrooke, in pleading any seeming- grounds or reasons they haue for their not paying of all or any parte of the said leuye ; the former Comittee are desiered to attend such reasons and allegations as they shall present, as formerly they were desired. Thomas Thorneton affirmed in Courte, that it was reported there was a hundred beeues killed in Fairefeild last yeare. This Courte taking into consideracon the proposition of the Inhabitants of Pequett for some inlargem* of meadow at Nian- tecutt, and whereas there was 500 acres of ground lying in Pequett graunted to fine of Capt: Masons souldgers at the Pe- quett warr, w^h being taken vp by Pequett, they doe desire may bee recompenced at Niantecutt ; the Courte desires and ap- points that John Clarke and Thomas Birchard of Seabrooke should goe to Pequett and veiw the said percell of land there [17] giuen to the said souldgers,|| and taken vp by Pequett, as be- fore and then goe to[Niantecutt] and lay out there vnto the said souldgers such and so m[uch] land as may bee fully equiuolent to theire former gr[aunt] of land at Pequett. And for the In- habitants of Pequett, [the] Courte graunts that theire bounds shall come to Bride Brooke, (the former graunt excepted,) pro- uided that it doe not come within the bounds of Seabrooke, 20* 222 PUBLIC RECORDS and provided that what meadow or marshe there is aboue two hundred acres, it shall be reserued for the countrys vse [or] other and further dispose. Mr. Deputy and Mr. Ludlow are chosen Comissioners for this Jurissdiction to attend the next meeting of the Comission- ers of the vnited Colonyes, and so for the yeare ensuing as oc- cassion may require, and if the Deputy should bee gonn out of the Country to England before the said meeting, then Mr. Cul- lick is to supply his place. It is ordered, that those that hue in seuerall companyes at farmes remoate from the seuerall Townes, shall haue libberty to keepe one in each quarter at home vppon euery training day, who is of age to bare armes, provided one man, (where more then one is,) shall tarry at home but one training day at a time^ and that those whoe doe stay at home bee prouided with armes, according to lawe ; and where any one farme is so farre distant from the Towne as Mr. Fenwicks is, at Sixe Myle Hand, then one in like manner may remaine at home, for safety of the place. This Courte graunts theire consent that Nathaniell Rescew should haue Goodwife Johnsons childe, w^'^ was boi'ne in the prison, as an apprentice to him, till hee is of the age of twenty one yeares, and that the said Rescew shall haue ten pounds with him, out of Newtons estate. This day there was presented a letter to the Courte, by the Deputy, from John Wenthrop Esq"" of Pequett, directed to the said Deputy, the contents whereof fol[lowth :] Worthy S"-. It was my intent to haue waited vppon yo^^selfe and the Honoi'ed Courte, but some occasions of absolute necessity (as Mr. Blinman can informe) require my hasting into the Bay, w^h should haue beene sooner if I had beene well to haue gon by land, but I haue expected a passage by water to Provi- dence, wch I am now promissed by a pinnace that I expect to returne i'rom Leiftennant Gardiners this day ; therefore I [18] desire to bee excused till some further opportunity. There hath beene earnest motions to mee, from some well willers to the CoiTion good, to make some search and tryall for mettalls in this Country, and there is hope that there might bee a stock gathered for that purpose, if there were incouragements from the seuerall Jurissdictions. I have therefore made bould to propound the inclosed graunt to yo'"selfe and the Courte ; professing this, that I neither know nor haue heard of any OF CONNECTICUT. 223 mynes or mettalls within this Jurissdiction, for I haue not yet made any search, but only propound it for incouragement to any that will bee adventurers and joine in the vndertaking of such a designe ; w^'' is allready done in the Bay, where I know of two places of lead, one at Lynn and the other at Nuberry, but that at Lynn being chalenged by the Towne and so neare the Iron worke, that takes vp all the wood, that it cannott bee wrought there ; and the Towne hath beene at charge for the finding of the veine, but it cannot bee found, and so they are discouraged, for it was onely loose peeces that wee found. 1 doe not much desire to haue any thinge put in about gold and siluer, yet if it be put in, it may incourage some, but I leaue all to the wisdome of the honoi^ed Courte, and with my humble seruice to yo''selfe and the Deputy Gou^'no'' and the Magistrates and Deputies I rest, Yo^ humble servant, May 13th, 165L John Wenthrop. Whereas, in this rocky country, amongst these mountaines and stonyc hills, there are probabillities of mynes of mettalls and mineralls, the discouery whereof, may bee for the great benefitt of the country, in raising a staple comodily ; — and whereas, John Wenthrop Esq"" doth intend to bee at charge and adventure for the search and discouery of such mynes and mineralls ; for the incouragement whereof, and of any that shall adventure with the said John Wenthrop Esq'' in the said buisines. It is therefore ordered by this Courte, that if the said John Wenthrop Esq"" shall discouer, sett vppon and nicinteine, or cause to be found, discouered, set vppon and meinteined, such mynes of lead, copper or tinn, or any mineralls, as antimony, vitriall, black lead, allom, stone salt, salt springs, or any other the like, within this Jurissdiction, and shall sett vp any worke, for the digging, washing, melting, or any other operation about the said mynes or mineralls, as the nature thereof requireth, that then the said John Wenthrop Esq"", his heires, associates p^ners or assignes, shall injoye foreuer the said mynes, with the lands, wood, timber and waters, within two or three myles of the said myne, for the necessary carrying on of the workes and meinteining of workemen, and prouision of coales for the same ; provided it bee not within the bounds of any Towne allready, or any perticular persons propriety, and provided it bee not in nor bordering vppon any place that shall or may by the Courte bee judged fitt to make a plantation of 224 PUBLIC RECORDS [19] A Generall Courte in Hartford, 11th qy Septemb"", 1651. John Haynes Esq^ Gou'^no''. Magistrates : Mr. Wells, Capt: Mason, Mr. Webster, Mr. Woollcott, Mr. Clarke. Deputyes : Mr. Allyn, Mr. Phelps, John Bissell, Dauid Willton, Mr. Trott, Sam: Smith, John Demyng, Natha- Dickerson, John Clarke, Mr. Tallcott, Mr. Westwood' Andr: Bacon, Edw: Stebbing, John Bankes, Will: Hill, Thomas Mynott, Wm. Beardsly, Thomas Judd, Steph: Harte. It is ordered, sentenced and decreed, that Mattabeseck shall bee a Towne, and that they shall make choyceof one oftheire inhabitants, according to order in that case, that so hee may take the oath of a Constable, the next convenient season. It is likewise ordered, that Norvvauke shall bee a Towne and that they prouide an inhabitant, according to order, who shall seasonably bee tendred to take the oath of a Constable. This Courte being informed by the Townsmen of Hartford that John Lord, contrary to naturall affection, hath withdrawne himselfe from his wife, and left her destitute of a bed to lodge on, and very bare in apparell, to the indangering of her health. The said Courte doth herev[ppon] order and giue authority to the said Townsmen to require of the said John Lord the wear- ing apparrell of his wife, and allso a bed for her to lodge on, and allso to search after the same in any place within this Jurissdic- tion, and to restore it vnto her, and reasonable satisfaction shall bee giuen if any person shall bee damnified thereby. It is ordered by this Courte, that the lyne of the Towne of Naiiieage shall begin on the east side the great Riuer oppositt to the point Mr. John Wenlhrop now liues uppon, and so to runn vppon an east lyne to Powcatuck Riuer, together with all the meadow, except it doth exceed foure hundred and ten acres. It is not intended that any pn of the former limmitts of the Towne should bee abridged. Allso the Hand commonly called Chippachauge,* in Mistick Bay is giuen to Capt : John Mason, as allso one hundred acres * Now called " Mason's Island." OF CONNECTICUT. 225 of vpland and ten acres of meadow neare Mistick, where hee shall make choyce. The Deputyes of Fairefeild haue, according to order of Courte in that behalfe, presented to the Courte a list of theire names and estates, w^h in the Totall amounts to the smTi of 8895/. 3s. Thursday come seuen night is appointed by the Generall Courte for a day of Thanksgiuing in all the Townes in this Jurissdiction. Vppon petition of Nicholas Olmstead, the Courte frees him from traininge vntill further order. Repealed : fol. 21. The Court is adiourned to Wednesday come 3 weekes, after Lecture. [20] A Session of the Generall Courte in Hartford, the 6tii OcTOsr, 1651. Edw: Hopkins Esq"", Deputy. Magistrates : Roger Ludlow Esqf, Mr. Wells, Mr. Wooll- cott, Mr. Cullick, Mr. Clarke. Deputyes: Mr. Phelps, Mr. Trott, Mr. Tailecoat, Mr. Westwood, Edw: Stebbing, Natha: Dickerson, John Bissell, Andr: Bacon, John Deming, Sam: Smith, Steph: Harte, Will: Beardsly, Will: Hill, John Bankes, Tho: Judd. This Courte considering the motion and request of the Townesmen of Hartford, for some of theire inhabitants to bee freed from training to morrow and next day, they doe graunt and consent that they shall haue libberty to take of so many from theire training aforesaid as are necessary to bee imployed about the raising of the worke prepared for the supporte of the great bridge. This Courte being informed that there are seuerall Indians amongst vs that are knowne and may bee prooued to bee mur- therers of the English before the Pequett warrs, they doe referr the inquiry into the grounds and truth of the premisses vnto the magistrates of this Jurissdiction, and therefore doe desire that y*> Goui'no'" would write to, or seasonably conferr with Capt: Mason 226 PUBLIC RECORDS and Thomas Staunton, whether they know any such Indian, that soe they may bee brought to condigne punishment. This Courte hauing considered the appeale of Thomas Bar- lowe and Jehu Burr, about the verdict of the Jury at the last Courte in Stratford, whereby they were judged to pay for a colte of Leiftennant Wheelers, they doe determine and con- clude that allthough they see not reason to confirme the full verdict of the Jury, yet they judge it meete that the said Bar- lowe and Burr should pay to Wheeler, for his damage, forty shillings. Mr. Warde and John Bankes are desired to gather vp and make sale of any estate of that w^h was sometimes Peter John- sons of Fairefeild, and that they shall therewith satisfie the charges of the nursing of the childe of Goody Johnson. Nicholas Olmsteed, acknowledging to the Courte that by seu- erall irregular expressions in his petition, hee hath giuen just cause of offence vnto the Courte, manifesting in his express- ions his sorrow for the same, and desiring the Courte to pass it by. They doe remitt and pass by his offence ; and doe order that hee shall not bee freed from traininge vppon such a peti- tion, but if hee shall see cause, in time convenient, to present to the Courte the consideracon of his former good service, they shall bee freely willing to attend it, and to allowe him conven- ient and reasonable incouragem* ; the petition to bee taken of from the fyle. Vppon the complaint of the Deputies of Strattford to this Courte, in the behalfe of Richard Buttler, against an Indian named Nimrod, that willfully killed some swyne of the said Buttlers, this Courte consenteth that Mr. Ludlow may prsecute the said Indian according to order made by the Comissioners in that respect. [21] Whereas vppon the motion of Mr. Wells, Treasurer, It was propounded that in regard hee being in the place of Ma- gistrate, doth finde the execution of the Treasurers office to bee [some] what burdensome for both together, and therefore desires [to] bee eased of the Treasurers place, w^h this Courte doth desire at the Courte of Election, may bee attended, and that they would thinke of some body else to bee Treasurer in his roome. Andrew Warde, George Hull and William Beardsly are pro- OF CONNECTICUT. 227 pounded Tor Assistants to joine with the magistrates for the execution of justice in the Tovvnes by the sea side. It was ordered that Thomas Staunton should goe to Narra- gansett and demaund of Ninigrett 40/. for Eltwood Pomryes mare, or Pequoiam to bee d'd vp, according to the determina- tion of the Comissioners in Sept: last.* William Leawis Junior is confirmed Leiftennant, to order the souldgers at Farmington : John Steele Junior, Ensigne, and Thomas Barnes, Serieant. A letter being received from Capt: Mason, wherein hee de- sires, among other thinges, the advice of this Courte touching a motion propounded by some ofNewHauen interessed in Dil- laware designe, for his assistance of them in that buisiness, with some incouragements for his settling there ; The Courte ordered that answer be returned, in reference to the foregoing particu- lar, to the following purpose : — That it is much in the desires of the whole Courte that hee would not enterteine thoughts of remouing his aboade out of this Colony, wherevnto they cannot giue the least allowance or approbation ; yet if his owne desire bee for the present service of that place, and theire importuni- ties continue for his employment there, the Courte cannott wholy deny him or them, the worke being that W^^ they are willing to promoate, but are content hee shall attend the ser- vice for 3 months, provided hee will ingage himselfe to returne within that time and continue his aboade amonjTst them as formerly : * See p. 27, ante. ''Eltweed Pornry, of Windsor, in Connecticutt Jurisdiction, hauing often petitioned the Comissioners about a mare of liis, wilfully killed by a Pequott Indyan, called Po- quoiam, soone after tlie fore mentioned warr, when all sorts of horses were at a high price ; concerning which, Mr. Israeli Stoughton, General! for the Massachusetts, made an agreement with Meyantonime, one of the principal! Narragansett Sachems, with or under whom the sayd Poquoiam lined, on behalfe of the otfendors :**»•*» Upon consid- eration of the premisses, the Comissioners thought fitt that the sayd monye be againe demanded of Ninigrett," he being the brother in law of Poquoiam, and heir to Miantonimo, '' or that hee de- liuer Poquoiam into their hands ; but upon refusal! or delay, that some fitt man, duely accompa- nied, be sent, by order & direction of the Government of Conecticutt, to require it, with allow- ance of the present charges, and if it be not forthwith paid, to make seizure to the vallew of 401. with the charges, and to bring it away with them ; and hereof che Narraganset Indians now pr'sent were willed to informe Ninigrett ; onely, if after such payment or seizure, Vncas or Wequash Cooke shall by intertaining, pr'tecting or concealing Poquoiam, hinder Ninigrett from recouering the same of him, in such case the said 40/. shall be accounted due and be required from them or either of them." [Records of U. Colonies, Sept. 1C51.1 228 PUBLIC RECORDS The Courte hath allso spoken with Leiftennant Bull, about the land at Nihantecutt, laid out to him and others with him, who hath promised to conferr with Vncas and indeuo"^ to giue him reasonable content and satisfaction, in reference to the prem- isses, wct if they shall not answerably attend, then vppon in- formation the Courte will take further consideracon thereof, in seasonable time. And whereas hee certifies in his letter that hee is not satisfied in Saquassens being exalted vnder our power to great Sachemship, this Courte declares that they doe not know of any such thinge, neither doe they or shall they allowe or approoue thereof.* [22] Mr. Webster and Mr. Cullick are desired to take an accot of the Treasurer of the debts of the Country, and how the last Country Rate is dissbursed, and present the same to the next session of the Generall Courte. It is ordered, that Mattabeseck and Norwauke shall bee rated this p^'sent yeare in theire proporcon, according to the rule of rating in the Country, for theire cattle, and other visible estate, and that Norwaack shall present to Mr. Ludlow, and Mattabe- seck to Mr. Wells, in each Towne one inhabitant, to bee sworne by them. Constables in theire seuerall Townes. It is ordered by this Courte that Wednesday next come fort- night, there bee a day of fasting and humilliation throughout this Jurissdiction, for and in consideracon of some diseases or infection that is among o"^ neighbors & freinds of the Massa- chusetts, as allso for and concerninge the affaires of o^ natiue country, and pi^sperity of the Gospell of Jesus Christe. * At a meeting of the Commissioners, in September, " Uncas complained that Sequassensome yeares since, as is well knowne, began hostile acts upon him, to the disturbance of the publique peace, whereupon he was occasioned to fight him and in the issue ouercame him and conquered his country, which though he gaue to the English and did not oppose the favour they were pleased to shew him in sparing his life, yet he cannot but looke upon himselfe as wronged in tliat Sequassen (as he was informed,) is set up and indeavored to be made a great Sachem, not- withstanding he hath refused to pay an acknowledgm' of wampom to him, according to his ingagements." "The Commission'^s disclaimed any indeavors of theirs to make Sequassen greate, and are igno- rant of what he affirmes concerning the other, yet recommend it to the Gouernent of Con- ccticutt to examine the case, and to p'vide that upon due proofe Vncas may bee owned in what shall bee just and equall, and Mr. Ludlow was intreated to promote the same." [Rec. ofU Colonies.] OF CONNECTICUT. 229 £ S. Hartford estate was presented to this Courte to bee 22404:19. Wyndsor, ..... 15435: Wethersfeild, .... 12748: Farmington, ..... 04741: Seabrooke, . . . . .04150: Fairefeild, ..... 08895:3 Strattford, ..... 07118:8:6(/. 75492:10:6 It is ordered, that warrants shall goe out from the Treasurer for a whole rate, and that euery person, according to the order, to bee rated at 25. Yid. pf head, shall bee brought downe to 18d. pf head ; the whole rate to bee paid ^ in wheat, and ^ in pease, and ^ in good peage or Indian. The Courte is adiourned to the first Wednesday in Decemb'' next. [23] A Session of the Generall Courte, the 3^ day of Decemb^, 1651. John Haynes Esq'', Gou'^no''. Magistrates : Mr. Woollcott, Mr. Webster, Mr. CuUick. Deputyes : Mr. Phelps, Mr. AUyn, Mr. Tailecoat, Mr. Westwood, Edw: Stebbing, Natha: Dickerson, Andr: Bacon, John Bissell, John Demyng, Steph: Harte, The: Judd. The Courte is adiourned to the first Tuesday in March next, by ten a clock in the morninge. [24] A Session of the Generall Courte, in Hartford, the 2d OF March, 1651-52. John Haynes Esq"", Gournc". Magistrates : Mr. Wells, Capt: Mason, Mr. Woollcott, Mr. Webster, Mr. CuUick, Mr. Clarke. Deputyes : Mr. Tailecoat, Mr. Phelps, Mr. Allyn, Mr. Westwood, Edw: Stebbing, Natha: Dickerson, Dauid 21 230 PUBLIC RECORDS Willton, John Bissell, Sam: Smith, Andrew Bacon, John Deming, Steph: Harte, Tho: Judd. This Courte orders, that the Treasurer shall pay vnto John Cullick the smTi of thirty two pounds nineteene shillings, out of the Country Rate pay, allready graunted and next to bee col- lected, w^^ is for so much the Country is indebted to Edward Hopkins Esq' ; the pay to bee made in Corne : if any wampum bee paid, it is to bee with so much allowance as shall make the wampum as good as corne. This Courte considering John Clarks bill of Countryes charges, they doe conclude and order that the Treasurer shall not pay him for the workmens diett aboue six shillings a weeke for one man. This Courte orders that the Treasurer shall pay to Richard Goodman and John Pratt, for the carrying on of the necessary worke about the prison howse, out of the next Rate, thirty pounds in such pay as the Rate is to bee paid in this Towne. Thomas Bull and others in the behalfe of the rest, hauing re- signed vp to the Courte one hundred acres of the grounds laid out at Niantecutt to them, of that parte thereof w^h lyes next to Seabrooke, w^h said hundred acres the Courte graunts lib- berty to the Indians that formerly posessed and planted the same, to posess and plant for the future, so long as they carry peacably and justly towards the English ; This Courte graunts to the said Thomas Bull and the rest of the fine of Capt: Masons souldgers, that they shall haue two hundred acres of that vpland w<=h lyes northward, next adioyn- ing to the remainder of land allready laid out to them, w^h they accept in full satisfaction for the hundred acres they haue re- signed as before. The Courte is dissolued. [25] A Generall Courte of Election in Hartford, the 20th May, 1652. Magistrates elected : Edward Hopkins Esqs Gou^nor. John Haynes Esq*", Deputy. OF CONNECTICUT. 231 Roger Ludlow Esq>-, John Wenthrop Esq^ Mr. Wells, Capt: Mason, Mr. Webster, Mr. Woollcott, Mr. Cullick, Sec\, Mr. Clarke, Mr. Howell, Mr. Tapping. Mr. Tailecoate, Treasurer. Deputyes : Mr. Phelps, Mr. Steele, Mr. Tailecoat, Mr. Warde, Mr. Gayler, Mr. Westwood, Mr. Trott, Mr. Parkes, Edw: Stebbing, Natha: Dickerson, Andr: Bacon, John Deming, John Bissell, Tho: Coleman, Dauid Will- ton, Will: Hill, Will: Beardsly, Dan: Titterton, John Clarke, Tho: Chapman, Hugh Calkin. This Courte there was made free, — Robert Lockwood, John Tailecoat, Tho: Whittmore, Tho: Allyn, Tho: Bissell, John Hossford, John Bissell, Will: Beamunt, Will: Waller. This Courte hauing duely weighed and considered the grounds of John Coopers appeale to the same, in reference to the verdict of the Jury at Southampton in the tryall betweene Mr. Stanborough plaintifFe, and John Cooper senior, defend*, they finde and hereby doe declare that the said John Cooper had just ground and cause so to appeale ; allso, this Courte, considering the bill presented to them of Cooper to Peter Tall- man, Dutchman, and assigned by him to Stanborough, accord- ing to the euidence giuen in, they find that it was not an au- thentique bill. Whereas, by an order in this Coinon wealth, there is to bee a perticular Courte in Hartford the day before the two stand- ing Generall Courtes, in May and Septemb"" in each yeare, this Courte finding seuerall inconueniences that followes therevppon, doe hereby order that the aforesaid perticular Courtes shall bee kept in Hartford aforesaid vppon the second day before the said each standing Generall Courte, instead of the former, and that the said perticular Courtes now ordered shall bee ended before each Generall Courte. This Courte considering the grounds of the seizure of the ves- sell and goods of Oulsterman, at Fairefeild, Dutchman, by John Cable and some others with him, the parties on both sides haue left themselues with submission to the judgm* of the said Courte, in reference to the premisses, they doe order that the said Dutch- man shall pay to the seizors the sum of fine pounds, and all theire reasonable costs and charges therevppon, w^h being done, 232 PUBLIC RECORDS then the said seizors are to dehuer vp to the said Dutchman the whole estate, both in vessell and goods seized as aforesaid. [26] This Courle orders that Nathaniell Rescue shall bee paid fine pounds more with the Goody Johnsons childe, accordinge to her promise to him, hee hauing ingaged himselfe to meinteine and well educate her sonne without any further demaund of charges either of her or the Country. Whereas, vppon the motion of the inhabitants of Seabrooke, It was desired that a certeine comon feild by mutuall consent is concluded to bee fenced proporconably, and it so falls out that the said fence cannot goe on comfortably except the Right WorshippfuU Geo: Fenwick EsqJ^ doth joine in proporcon, by reason of some accomodacon that belongs vnto him, w<=h will necessarily fall in within the fence, and it hath beene obiected. by Capt; Cullick, the said Mr. Fenwicks agent, that the same will bee but little beneficiall to the said Mr. Fenwick, and there- fore conceiues that the said Mr. Fenwicke is not bound to it ; yet by reason (as the inhabitants plead) the said Mr. Fenwicks land within the said fence will bee benefitted thereby, the Courte therefore, taking into consideration the premisses, doe thinke fitt that there shall bee a Comittee appointed, whoe vppon veiw of the said land shall certefie what benefitt the said Mr. Fenwick or his agent or tennants shall bee advantaged thereby, as the rest of the inhabitants. The Courte makes no doubt but Mr, Fenwick or his agent will bee willing to allowe proportionable fencing for it, w^h if it bee refused, the Courte will advise further in it. Whereas the Courte hath taken into consideration the great abuse that is crept into this Jurissdiction, by the vnliinitted ex- amination of witnesses before the Magistrate in the outward plantations, betweene party and party, sometime before any action in Courte, or process serued before any declaration. It is therefore ordered, that if any that liue in remoate plantations will cause any that mutually liue together in the said remoate plantations to answer them at the Courte in Hartford (seinge there bee ordinary Courtes in the said plantations, to try all ac- tions betweene party and party,) and therefore if any will drawe his adverse party to Hartford, or to the Courte at Connecticutt, hee shall bee a meanes to pi^ciuce his wittnesses to the said OF CONNECTICUT. 233 Courte viva voce, and not to examine any before any magis- trate before the tryall, except in a speciall case of impotent wittnes or transient wittnes that is goinge out of the Jurissdic- tion, and in that case the Magistrate may in discretion examine and certefie in silence to the Courte what is examined, and in noe other case. Forasmuch as the Courte was this day informed there is a necessity that in the plantations of Fairefeild and Strattford that there should bee some joined as Assistants to the Magistrate or [27] Magistrates in the said plantations, || whereby they may bee inabled to keepe a Courte within the said plantations according to the combin[acon,] whoe are to bee sworne before a Magistrate, whoe are to stand for one yeare or the next Courte of Election ; It is therefore ordered, that the said plantations shall or may meete in a convenient time at theire said planta- tions, and elect such as they see meete to bee Assistants as aforesaid, whoe are to bee sworne before a Magistrate, and are capeable to the intent aforesaid. Vppon the petition of the inhabitants of the Towne of Pe- quett, that by reason of the newnes of the saide plantation, there is, and likely to bee some defect of corne for theire neces- sary provision, notw^^standing there bee Indian corne enough in the place where the plantation is seated to furnishe the in- habitants thereof, if the corne were not traded by some perticu- lar persons that conuey away the corne, and the inhabitants remaine vnfurnished; It is therefore thought meete and so or- dered, that the inhabitants shall bee first serued before the Corne bee traded or carried forth out of the Riuer : this order to stand in force vntill Novemb'' come twelue month. Mr. Ludlow and Mr. Cullick are chosen Comissioners for the yeare ensuing. The Courte is adiourned to the last Wednesday in June next in the afternoone. 21* 234 • PUBLICRECOKDS [28] A Session of the Generall Courts, in Hartford, the SQtii OF June, 1652. John Haynes Esq"", Deputy. Magistrates : Mr. Woollcott, Mr. Webster, Mr. Cullick, Mr. Clarke. Depuiyes: Mr. Tailecoat, Mr. Phelps, Mr. Trott, Mr. Westwood, Dauid Willton, Edw: Stebbing, John Bissell, Nath: Dickerson, Andr: Bacon, Tho: Coleman, John Deming. This Courte, at the request of Mr. Deputy, doe graunte that hee shall haue three hundred acres pf ground, meadow and vpland, for a farme lyhige together on the east side of a certeine Coue at Paucatuck where Pequett bounds ends, and abutting in parte or whole vppon the said Coue. Thomas Lord, hauing ingaged to this Courte to continnue his aboade in Hartford for the next ensuing yeare, and to im- proue his best skill amongst the inhabitants of the Townes vppon the Riuer within this Jurissdiction, both for setting of bones and otherwise, as at all times occassions and necessityes may or shall require ; This Courte doth graunt that hee shall bee paid by the Country the sum of fifteene pounds for the said ensuing yeare, and they doe declare that for euery visitt or journye that hee shall take or make, being sent for to any howse in Hartford, twelue pence is reasonable ; to any howse in Wyndsor, fine shillings ; to any howse in Wethersfeild, three shillings ; to any howse in Farmington, six shillings ; to any howse in Mattabeseck, eight shillings ; (hee hauing promised that hee will require no more ;) and that hee shall bee freed for the time aforesaid from watching, warding and training ; but not from finding armes, according to lawe. The Courte is dissolued. [29] A Generall Couete in Hartford, the second Thurs- day OF September, being [the] 9*^^ day, 1652. John Haynes Esq"", Deputy. Magistrates: Mr. Webster, Mr. Wells, Mr. Woollcott, Mr. Clarke. OF CONNECTICUT. ' 235 Deputy es : Mr. Tailecoat, Mr. Steele, Mr. Westwood, Andr: Bacon, Will: Wadsworth, Steph: Harte, Mr. Trott, Nath: Dickerson, Tho: Coleman, John Deming, Mr. Phelps, Mr. Gaylerd, Dauid Willton, John Bissell, Mr. Horsford, Will Smith, Will: Parker, Robert Chap- man. The Coiirte being mett, they did adiourne the same to the Q^^ of the next month. [30] A Session of the Generall Courts in Hartford, the 6tii OF October, 1652. John Haynes Esq'', Deputy. Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster Mr. Cullick, Mr. Clarke. Deputyes: Mr. Phelps, Mr. Gaylerd, Mr. Trott, Mr. Tailecoat, Mr. Westwood, Jo: Bissell, Tho: Coleman, Natha: Dickerson, Will: Hill, John Deming, Andr: Bacon, Will: Wadsworth, Will: Smith. This Courte orders and appoints, that next Wednesday come seuennights shall bee kept apublique day of thanksgiuing to the Lord for his great mercyes to his people here and elsewhere, by all the plantations within this Jurissdiction. It is ordered, that notice shall bee giuen to the Sachems of the Indians within this Jurissdiction, that no Indian shall walke or come neare vnto or amongst any English mens howses, in Townes or Farmes, on either side of the Riuer, or elsewhere, vppon the Lords day, except it bee in theire necessary way of recourse to the publique preaching of Gods word, vppon penalty of fyne or imprisonment, as any one Magistrate or more, before [whorn] such ofFendors shall bee brought, shall judge meete, and as the nature of theire fact shall appeare to him or them to de- serue. This Courte desires Mr. Hill to acquaint the inhabitants of Norwaack that they require them to giue their reasons why they haue not sent deputyes to the Generall Courte nor made returne of the warrant sent to them for that end, and that neuertheless 236 * PUBLICRECORDS the Courte expects that they should forthwith make and returne to Mr. Ludlow a true and perfect Liste of the persons and es- tates in theire Towne, that a due proportion of all Comon charges may be borne by them, with the other Townes in this Jurissdiction. It is ordered, that warrants shall goe forth from the Treasur- er for halfe a Rate for the Country, according to the order of rating, to bee paid ^ in wheat, ^ in pease and ^ in Indian ; wheat at foure shillings, pease at three shillings, and Indian at two shillings sixpence, p^ bushell. The estates and persons of the seuerall Townes, presented to this Courte, were as followeth : — £ s. d. £ 5. d. Hartford, 19733. 19. 0. Seabrooke, 03630. 00. 0. Wyndsor, 14093. 00. 0. Strattford, 07040. 19. 0. Wethersfeild, 1 1499. 00.' 0. Fairefeild, 08850. 15. 0. Farmington, 05164. 00. 0. 70011. 13. 0. The Courte is adiourned to the last Wednesday in Feb"" next, in the afternoone. [31] A Session of the Generall Courte, called by the Deputy Govenor, in Hartford, the 24'^^ Febr. 1652. John Haynes Esq^, Deputy. Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott, Mr. Cullick, Mr. Clarke. Deputyes: Mr. Talcott, Mr. Phelps, Mr. Steele, Mr. Westwood, Mr. Gayler, John Bissell, Dauid Willton, Nath: Dickerson, Tho: Colman, Andr: Bacon, Stephen Harte, Will: Smith. Vppon a due consideratyon of the scarsity of prouisions in some of the Plantatyons within this Jurisdictyon, diuers persons already finding they are not sufhtiently furnished with corne, flesh, etc. to carry on their family occasyons till the ordinary yearly season for supplyes comes about, It is ordered by this Courte that noe person or persons of what calling or quallity so euer within this Jurisdictyon or any Plantatyon theirof, doe OF CONNECTICUT. ' 237 either directly or indirectly ship, put off, transport, carry, send or otherwise conuey out of this Jurisdictyon, upon or under any pretence or coler, plea or reason whatsoever, any quantity greater or smaller, of wheat, rye, pease, Indyan corne, mault, biskett, or any other graine or the p^'cedd of it, or beefe, porke, bacon, butter, cheese, or any the like provisions for meate or drink, before the last of March next, or the next Session of this Courte, which is to be in Aprill next, without the license of the Deputy Govenr, Mr. Wells & Mr. Webster, or either of y™ with the Deputy, under pen'ty of forfiture of the doble value, who are desired in the meane time to consider of some way how those p^sons that are like to want may be supplyed. Advise also is to be sent to the former plantation excepted, that it may be of vse to them to attend the foresaid order. [32] A Session of the Generall Courte in Hartford, the 23 of Feb: 1652. John Haines Esq"", Deputy. Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott, Mr. Cullick, Mr. Clarke. Deputijes: Mr. Tailcott, Mr. Steele, Mr. Phelps, Mr. Gaylerd, Mr. Trott, Dauid Wilton, John Bissell, Andr: Bacon, Nath: Dickerson, Steephen Harte, Will: Wads- worth, Tho: Coleman, Mr. Westwood. Wethersfeild hauing presented Rich: Trott to bee chosen Ensigne to the trained band in that towne, this Courte declares that they approue of the choyse & conferme him in that place. This Courte considering John Lattimors loss in his horse that dyed in the Bay, being not willing that the whole loss should lye upon him, they are willing to allow him out of the publick treasury the sum of fifteen pounds towards his horse & hire, which hee thankfully accepted in the Courte. This Courte being willing to attend all the wayes of Gods P^vidence for the preservatyon & safty of the plantatyon of Sebrooke, with all other within this Jurisdictyon, according to the power & means that is in their hands, doe order that six of the greate guns at Seabrooke shall forthwith, & with all possible 238 PUBLIC EECORDS speede, be layd up & fitted compleatly vppon able carriages for the servis & defence of the said place & jurisdictyon at all times, as neede shall require, & doe allsoe desire Cap* John Mason to see the premisses effected, and for that end they doe impowre him to call forth men & meanes sutable, & upon refu- sall to press such hands & other meanes that shall be needfull ; and Tho: Traisy & Jonath: Rudd are desired to be assistant to Cap: John Mason in what is now desired of him; the charges of all which shall be payd out of the publique Treasury. This Courte judges the Deputyes actyon in marring Jeames Wakely & the Widdo Boosy to be legall. The Courte is adiourned to the second Thursday in Aprill next, in the morning. [33] A Session of the Generall Courte in Hartford, the 14 Aprill, 1653. Mr. Haynes Esq"". Magistrates: Mr. Wells, Mr. Webster, Mr. Woolcott, Mr. CuUick, Mr. Clarke. Deputyes : Mr. Phelps, Mr. Gayler, Mr. Steele, Mr. Tail- coat, Mr. Westwood, Mr. Trott, Jo: Bissell, Nath: Dick- erson, Dauid Wilton, Tho: Colman, Andr: Bacon, Will: Wodsworth, Steephen Harte, John Demyng, Will: Smith. It is ordered that there shall bee speedyly sent downe to Capt: Mason for the use of the Cuntry, as occasion pi"sents, for the present one barrill of powder ; and that one barrill more of powder from the Bay shall bee left there, when they come up, & w* else shall be thought meete by Mr. Ludlow & Mr. Cul- lick ; it is allso ordered that 8 able men shall be imp^ssed out of the Townes upon the Riuer, with compleate armes & sent to Sebrooke to bee at the command of Cap*^. Mason, for the saruis of the Cuntry & defence of the place, by fortefying or otherwise at the Cap: descretion ; and this Courte doth farther advise the inhabytants of Seabrooke that are scattered into severall quar- ters, that they would, till they rec'e farther advice, speedily gather their familyes togeather in to the towne as they tender OF CONNECTICUT. 239 theire own safty ; & if any shall refuse to attend the Courts ad- vice, they are to know that they must runn their own hazzards, the Courte not being able to releiue them in such a scattered way as now they are in.* Mr. Haines is desired to send downe to Capt. Mason, for the Corssletts that belong to the Townes, to be speedily sent up to the Treasurer. It is ordered that this Collonye should haue its proportion of the whole millitary p^uision, in all respects, & perticulars sent from the Corporatyon of Eng: to the vnited Colonyes.f It is ordered by this Courte that all fynes & peanalties of any order, within this Commonwealth, shall be paid, from the time of the publicatyon hereof, in good wheate or pease or Indyon corne, at price currant, or in that which is equiuolent thereunto. This Courte upon a due consideratyon of the seizure of Sy- mon Yeosens vessell, at Pawcatuck, by seuerall of the inhabit- ants of Pequett, doe finde & judge that by his owne confession & other testimonys pi'sented in Courte, according to the order of Courte in that case pi'vided that forbids all trade by forreign- ers with any Indyons within this Jurisdictyon, uppon penalty of confisscation, as by the said order more fully appears, the said vSymon Yeosens vessell & goods aforesaid to be justly seized & forfited to this Common wealth, out of which the Courte allowes him six pounds in wampom, togeather with his bedding & war- ing apparrell & chest. * " The commencement of hostilities, the last year, between England and Holland, the perfidi- ous management of the Dutch Governor, with apprehensions of the rising of the Indians, spread a general alarm throngh the colony." (Trumbull's Hist, of Conn. I 201.) t"The Commissioners being informed that the Corporation in England had sent a percell of armes and ammunition, as a supply & for the convenyency of the Vnited Colonyes, did order that the same should be devided as follow''' : £ s. d. £ s. d. To the Massachusetts, 234. 8. 3; which at 4(Z. per shill : is 309. 17. 8. To Plymouth, 43. 6. 3; wch at 4-. Magistrates : Mr. Webster, Mr. Woolcott, Mr. CuUick, Mr. Clarke, Mr. WiUis, Mr. Tailcoat. Deputyes: Mr. Steele, Mr. Gaylerd, Mr. Trott, Mr- Allen, Mr. Fitch, Mr. Westwood, Edward Stebbing, Nath: Dickerson, John BisseU, Andr: Bacon, John Hol- lister, Tho: Sherwood, Tho: Fairechild, Tho: Coleman, John Clarke, Rob: Webster, Tho: Chapman, Tho: Whit- more. The distribution or devision of men to bee pressed out of each Towne to attend the expedition to Narragansett,* according to the conclusion of the Comissioners, is as foUoweth : — * The Commissioners, at their meeting in September, had resolved upon war with Ninigret, 262 PUBLIC RECORDS Windsor, . 8 persons. Wethersfeild, . 6. Pequott, 4. Farmington, . . 2. Mattabeeseck, 1. Seabroock, . 4. Norwacke, 0. Fairefeild, . 6. Hartford, 9. Stratford, 5.-45. The persons that are to goe first, wch are 24, are to bee out of the Townes following ; — Windsor, 4 ; Pequott, 4 ; Matabee- seck, 1 ; Hartford, 6 ; Wethersfield, 4 ; Farmington, 1 ; Sea- broock, 4; — 24. The remainder of the first numbi" being 21, w^h are to attend & be in reddines as a reserue, are to goe out of the towns folowing ; — Windsor, 4; Hartford, 3; Wethers- field, 2; Farmington,!; Fairefild, 6; Stratford, 5; — 21. Mr. Webster, Mr. Stone, Mr. Fitch, Mr. Will: Whiting & Mr. John Whiting, presenting to this Courte a distributyon of Mr. Whitings estate, agreed uppon by them and under all their hands, and baring date the 30*^ September, 1654, the Courte allowes the said distributyon & orders it to bee recorded. The Courte allso allowes and approues of the judgment and apprehensions of the Comittee, (viz : Mr. CuUick, Mr. Steele & Mr. Allyn,) about Mr. Whitings will, so farr as they all agree, & order it to be recorded. This Courte giues Mr. Will : Goodwin libberty to make vse of w" Timber from the waste land belonginge to the Countryj hee shall haue occasion for to keepe his sawe mill in imploy- ment. This Courte grants Mr. Cullick libberty to draw and sell one hogshead of Clarrett & a quarter casck of red wine to his friends & neighbors, free from the Countryes excise. And this Courte doth allso further graunt unto the said Mr. Cullick, free license and libberty for the futur to draw out or sell to his friends & neighbours w** wine & liquors hee shall see cause, free from the Countryes excise. [55] It is ordred by this Courte, that it shall not bee lawfull and had ordered forty horsemen and two hundred and fifty foot soldiers to be forthwith levied from the several Colonies. Of these. Massachusetts was to provide the forty horsemen and 153 foot; Connecticut, 45; Plymouth, 41 ; and New Haven, 31. A part of this force was to be despatched with all expedition to the Niantic country, and the remainder to hold themselves in readiness to march upon notice from the commander-in-chief, — the selection of whom was con~ ceded by the Commissioners, to Massachusetts. [Rec. of U. Colonies ; Hutchinson's History, I» 186, 187, & Collections, 861 ; Trumbull's H. of Conn. I. 233, 224.] OF CONNECTICUT. 263 for any p^sons whatsoeuer to draw any Wine, Strong waters of any sorte or kind, stronge Beare or Syder, & sell it out by re- taile to any persons whatsoeuer, except such person or persons in each Towne as are licensed so to doe from the Courte. Whereas, Notwithstanding a former order restraining the selling of all wine & liquors to the Indyans, that greate & cry- ing sinn of Drunkenes reignes amongst them, to the greate dishon- or of God & hazard of the Hues and peace boath of the English &, Indyans, w^h as this Courte is informed is by the frequent selling of Syder or strong Beare to them, It is now ordered by this Courte, that it shall not bee lawfuU for any person or per- sons whatsoeuer within these libbertes, directly or indirectly, to sell, lend, barter or giue to any Indyan or Indyans whatsoeuer, small or greate, one or other, any wine, liquors, beare, syder* or metheglin, or any sorte or kinde whatsoeuer except it bee their ordinary howshould beare, for w^h they shall haue noe recom- pence, uppon the former penalty of fiue pounds for euery pinte & 40ss. for the least quantity, one third parte to bee to the partyes informing and the other to the publique Treasury. This Courte orders, that the 5th day of the next weeke bee kept a publique Fast & day of humilliation, throughout all the Plantatyons in this Jurissdiction, to seeke the presence and bless- ing of the Lord uppon the present expedition to the Narragan- setts, according to the conclusion of the Comissioners, wherein C future peace & comforts are much concerned. This Courte desires & appoints the Magistrates to take the most seasonable time to giue order for a publique day of Thanks- giuing throughout this Jurisdictyon. This Courte frees Thorn: Allen, the sonn of Mr. Mathu Allen, from his fine of 20/. The Comittee chosen by this Courte to press men and neces- saryes in each Towne, for this expedityon, in each Towne till it bee ended, is as followeth ; — For Windsor, Mr. Phelps & Mr. Allyn, to joyne with the Magistrates there : For Hartford, Mr. Webster & Andrew Bacon, to joyne with the Mages trates there : For Farmingione, Mr. Steele & the Constable : • [In margin,] "The p''ticuler respecting Sider in this law, is repealed, Mrch IV*', '58-'59." 264 PUBLICRECORDS For Wethersfeild, Mr. Hollister, Thomas Coleman, & Natha: Dickerson, to joyne with the Deputy Govonor : For Middletowne, Rob: Webster, Tho: Whitmore, with the Constable : [56] For Seabrooke, John Clarke & Robert Chapman, with the Maior : For Stratford, Tho: Sherwood & Tho: Fairechild, with the Assistant &^ Constable : For Fairefeild, Mr. Ward & AUexander Knowles, with the Constable : For Pequett, Capt: Denison & Hugh Calkin, with the Con- stable. One drum & 1 p'^ Cullers, fro Pequett: From Hartford, a Lei ve tenant, & Surgeon, & 4 hogshd. of Biskett : From Windsor, a Seriant, & 2 bar: of meale, 1 bar : of peas, & a boate. The men are to bee uppon there march next Tuesday morn- ing ; and are to meete in Hartford, from Windsor & Farming- tone. It is ordered, that the size for all Casck for Beefe and Porke, after the 1 of March next, shall bee 31 gall. &. ^. The Courte is adiorned to y^ 1 Wednesday in March next. '[57] A Session op the Genbrall Courte, at Hartford, Septemb' 14th, 1654. Mr. Wells, Deputy Govenr. Magistrates : Capt: Cullick, Mr. Woolcott, Mr. Clarke, Mr. Willis, Mr. Talcott. Deputyes : Mr. Steele, Mr. Trott, Mr. Phelps, Mr. Gay- lor, Mr. Allen, Mr. Fitch, Mr. Westwood, Edw: Steb- bin, And: Bacon, Mr. Hollister, John Bissell, Natha: Dickerson, Mr. Ward, Will: Hill, absent ; Tho: Cole- man, Steph: Hart, Tho: Fairechild, Rich: Olmsted, Rob: Webster, Tho: Whitmore, Will: Cheesbroock, Hugh Calkin, John Clarke, Rob: Chapman. The Lists of the Persons & Estates in the severall Townes within this Jurisdictyon :— - OF CONNECTICUT. 265 Persons. , £. Persons. £. Hartford, 177. 19609. Norwoake, 24. 2309. Windsor, 165. 15833. Stratford, 74. 7958. Wethersfeild, 113. 12602. Fairefeild, 94. 8634. Midletowne, 31. 2173. Pequott, Farmington, 46. 5519. Seabrook, 53. 4437. The lists of the persons & estates of Pequott is to bee per- fected & returne thereof bee made to the Magistrates when they keepe the perticuler Courte there, as is after ordered. This Courte orders that the estate of Capt: Baxter, attached by the Constable of Fairefield for the forfeiture of his recog- nizance, shall bee remitted. This Courte orders that when executyon is don uppon the •goods of Tho: Staples of Fairefeild, upon a verdict graunted to Capt: Baxter, forthwith attachm* bee graunted upon those goods for the use of the Country, untill this Courte sees what is to be done in reference to this fine. Whereas, Notwithstanding former provision made for the conveyance of the knowledge of God to the Natives amongst us, little hath hitherto beene attended through want of an able Interpreter, this Courte being ernestly desirous to promoate & further what lyes in them a worke of that nature, wherein the glory of God & the euerlasting welfare of those poore, lost, naked sonnes of Adam is so deepely concerned, doe order that Thomas Mynor, of Pequott shall bee wrott unto from this Courte & desired that hee would forthwith send his sonne John Mynor to Hartford, where this Courte will provide for his mein- tenance & schooling, to the end hee may bee for the present assistant to such elder, elders or others, as this Courte shall ap- point, to interprett the things of God to y" as hee shall bee di- rected, & in the meane time fitt himselfe to bee instrumental! that way as God shall fitt & incline him thereunto for the fu- ture.* *" Vppon a motion made to y" Commissioners, by Capt. Cullick, from the General! Courte of Connecticott, to take into y consideration y" instruction of y'' Indians in theire Jurisdiction, in y* knowledge of God, and their desire y' John Minor might bee entertained as an interpreter to communicate to y^ said Indians those instructions w"^'' shall bee deliiiered by Mr. Stone, Mr. Newton or any other allowed by the Courte, and allsoy' ysaid Minor may bee further instruct ed and fitted by Mr. Stone to bee a meete instrument to carry on the worke of propagating y" Gospell to y^ Indians, y'-' Commissioners conceivieng y^ said propositions to bee much condu- 24 266 PUBLIC RECORDS [58] It is ordered by this Court, that Capt: CulHck, Mr. Steele, Mr. Allen, as a Comitte by this Courte apointed, are to consider of Mr. Whitings will, & a right interpretatyon thereof, to- geather with the SuPre[ y^ of the said will & make report thereof to this Courte. It is ordered by this Court, that Mr. Talcoat, Mr. Allen, Mr. HoUister, shall joyne with Capt: Cullick in receving the ac- counts for the forte rate, for the yeare past, of the Constables for the severall plantations uppon the River. Maior Mason & Capt. Cullick, (if his occasions can permitt him, if not,) Mr. Clarke, are desired to goe to Pequott & with Mr. Winthrop to keepe a perticuler Courte, before winter, to execute justice there as cause shall require. This Courte graunts power to Maior Mason to call the* Traine bands togeather once in 2 years, to exercise in a Gen- erall training on the first or second weeke in September. It is ordered, that warrants shall goe forth from the Tresurer for a whole rate for the Country, according to the order of ra- ting, to be payd f in wheate, ^ in peas, ^ in Indyan : wheatt at 4s. peas at 3s. p'" bush : Indyan at 2s. 6d. It is ordered by this Courte, that the next Wednesday come three weekes, bee kept a day of Publique Thanksgiuing in the severall Plantations within this Jurisdictyon. The Courte is adiorned to the first Wednesday in March next except the Deputy Governor see cause to call it sooner. [59] Articles of Agreement, made and concluded betwixt George Fenwick Esq"" of SeaBrooke Fort, on ye one part, and "Edward Hopkins, John Haynes, John Ma- son, John Steele and James Boosy, for and on y^ be- halfe of ye Jurisdiction of Connecticott River, on ye other part, y^ 5^^ of Decembr, 1644.* The said George Fenwick Esq'" doth by these p^'sents convey cing to y" propagating of y' hopeful! work, doe desire y'= Magistrates of Connecticott to take careyiy"^ said Minor bee enterteined at Mr. Stones or some other meet place, and they shall or- der yt due allowance bee made for his dyet and education out of the corporation stock." [Rec. of U. Colonies; Sept. 23d, J 654.] • Recorded here, pursuant to an order of the Court, May 18th. [See pp. 119,215,258. ante.] OF CONNECTICUT. 267 and make over to ye use and for y" behoofe of y^ Jurissdiction of Connecticott River aforesaid, y^ Fort att SeaBrooke with y^ appertenances hereafter mentioned, to bee inioyed by them for euer : Two demiculvering cast peeces, with all y^ shott thereunto appertaining, except fifty W^^ are reserved for his own use '. Two long Saker cast peeces, with all y^ shott thereunto be- longing ; one Murderer, with two chamb''s, and two ham- mered peeces ; two barrells of Gunpowder : Forty musketts, with Bandaleers and rests, as allso foure carabines, swords, and such irons as are there for a draw bridge ; one sow of lead, and irons for ye carriages of ordinance ; and all y^ housing within ye Palisado : It is allso provided and agreed betwixt ye said parties, y* all ye land uppon ye River of Connecticott, shall belong to ye said Jurissdiction of Connecticott, and such lands as are yet undis- posed shall bee ordered and given out by a Committie of five, whereof George Fenwick Esq"" aforesaid is allwayes to bee one. It is further provided and agreed, yt ye Towne of Sea Brooke shalbee carryed on according to such agreements, and in yt way which is allready followed there and attended betwixt Mr. Fenwick and ye Inhabitants there. It is allso provided and agreed betwixt ye said parties, y* George Fenwick Esq' shall have liberty to dwell in and make use of any or all ye bowsing belonging to ye said Fort, for ye space of ten yeares ; hee keeping those w^h hee makes use of, in sufficient repaire, (extraordinary casualties excepted ;) and in case hee remove his dweUing to any other place, y^ hee give halfe a yeares warning thereof, y* provision may bee made ac- cordingly ; onely it is agreed y' there shall bee some conven- ient part of ye bowsing reserved for a Gunner, and his family, to live in, if ye Jurissdiction see fitt to settle one there. It is further provided and agreed bettwixt ye said partyes, that George Fenwick Esq"" shall inioye to his owne proper use« these p^ticulers following : — 1. The house neare adioyning to ye wharfe, with ye wharfe and an acre of ground thereunto belonging, provided ye sayd acre of ground take not up above eight rodd in breadth by ye water side : 268 PUBLIC RECORDS 2. Tlie point of land and ye marsh lying under y^ barne all- ready built by ye said George Fenwick : 3. The Island, comonly called Six Mile Island, with y*' meadow thereunto adioyning, on ye east syde ye River : 4. The ground adioyning to ye Towne-feild, we'i is already taken of and inclosed \v^^ 3 rayles by ye sayd George Fenwick ; onely there is lyberty granted to ye said Jurissdiction, if they see fitt, to build a Fort uppon ye westerne point, whereunto there shalbee allowed an acre of ground for a house lott. [60] It is also provided and agreed, yt ye said George Fen- wick Esqr shall have free warren in his owne land, and lyberty for a fowler for his owne occasions, as allso ye like liberty is reserved for any other of ye Adventurers yt may come into these parts, with a double bowse lott, in such place where they make choise to settle theire aboade. All ye formentioned graunts (except before excepted) ye said George Fenwick Esq^ doth ingage himselfe to make good to ye Jurissdiction aforesaid, against all claymes y* may bee made by any other to ye premises, by reason of any disbursements made upon ye place : The said George Fenwicke doth allso promise y^ all ye lands from Narragansett River to ye Fort of Sea Brooke, mentioned in a Pattent graunted by ye Earle of Warwicke to certaine Nobles and Gentlemen, shall fall in under ye Jurissdiction of Connecticutt, if it come into his power. For and in regard of ye premises and other good considera- tions, ye sayd Edward Hopkins, Jn^ Haynes, Jn^ Mason, Jno Steele and James Boosy, authorized thereunto by ye Generall Courte for ye Jurissdiction of Connecticott, doe, in behalfe of ye said Jurissdiction promise and agree to and with ye said George Fenwicke Esq"", yt for and during ye space of ten full and compleate yeares, to beginn from ye first of March next ensuing ye date of these presents, there shall bee allowed and payd to ye said George Fenwicke or his assignes, ye perticuler sums hereafter following : — 1. Each bushell of Come of all sorts, or meale y* shall passe out att ye Rivers mouth, shall pay two pence p^ bushell : 2. Every hundred of Biskett y* shall in like manner passe out att ye Rivers month, shall pay six pence : OF CONNECTICUT. 26flf 3. Each milch cow, and mare of three yeares ould or up- wards, within any of y^ Townes or farmes uppon the River, shall pay twelue pence p"" annu: during y^ foresd tearme : 4. Each hogg or sow yt is killed by any p^ticuler p^son with- in ye lymitts of y^ River and the Jurissdiction aforesayd, to bee improved eytherfor his owne p^ticuler use, or to make marketts of, shall in like manner pay twelve pence p"" annu: 5. Each hoggshead of Beaver traded out of this Jurissdic- tion, and past by water downe y^ River, shall pay twenty shil- lings : 6. Each pound of Beaver traded within ye lymitts of y^ River shall pay two pence, onely it is provided y* in case the generall trade with y^ Indians* now in agitacon pi^ceed, this tax uppon Beaver, mentioned in this and y® foregoing article, shall fall: 7. The sayd Committie doe, by the power aforesayd, consent and agree to and with ye sayd George Fenwicke Esq"", yt hee ye said George Fenwicke and his heires shall bee free of any imposition or customes y* may heereafter by the Jurissdiction bee imposed att ye Fort. It is agreed y* the aforesaid payments shall bee made in manner followinge : — What shall bee due from ye graine that is exported shall bee payd in graine according to the proportion of the several! kindes of graine that doe pass away, att the common current price, neyther attending such prises on ye one hand that the Courte may sett, nor yett on the other hand such as Corne may bee sould att through the necessityes of men ; and in case of [61] any difference,!! then the price shall bee sett by two good men the one to be chosen by Mr. Fenwicke and the other by the Courte : what shall bee due otherwise shall bee paid in Beaver, wampom, barly, wheat or pease, the former considera- tion for the p[rice] to bee herein allso attended ; and it is pro- vided and agreed that a strict order and course shall bee taken in observing what graine is putt aboard any vessell that goeth downe [the] River, from any of the Townes, and due notice be- ing [taken] thereof, every boate or vessell shall bee inioyned to * See page 113, ante ; Rec. of U. Colonies, in Hazzard's St. Papers, ii. 19. 24* 270 PUBLIC RECORDS take note from some deputed by the Courte in each Towne, what quantityes and kindes of graine are aboard the said ves- sell, and to deliver to Mr. Fenwicke or his assignes att Sea- Brooke, so much as will bee due to him according to the fore- mentioned Agreements. And likewise [for the] other pay- ments due care shall bee taken that [they bee] made att the place aforesaid, in as convenient a way as [may] comfortably bee attended, and y* all indirect courses bee prevented whereby the true meaning of these agreements may bee evaded. In witness whereof the parties beforementioned have here- unto put theire hands, the day and yeare abouesayd. Geor: Fenwick Edward Hopkins, Jo: Haynes, John M[ason,] John Steel, James Boosye. I have examined and compared this writing with the origin- all and finde it to bee a true Coppy this 4*^ of March, 1655-56. John CuUick, Sec. It was afterwards concluded both by the Generall Courte of Connecticutt and Mr. Fenwicke, that in case there should any difference arise touching the Interpretation of any of the within mentioned Agreements, the determination and issuing thereof should bee referred to those who made the sayd Agreements, being best acquainted with theire owne intendments. It was allso agreed betwixt George Fenwick Esq"" and the Committee mentioned, the lit'' of Octob'", 1645, in regard there hath not beene a due and full attendance to the said Agree- ments this pi"sent yeare, by [many,] which in parte arose from the unwillingness in masters of vessells to [stay] allwayes att SeaBrooke for the delivery of the corne due to Mr. [Fenwick,] that the sayd Agreements shall beginn and take place from the [first] of March next, being 1645, to the end and tearme of tenn yeares ; [and] for the preventing of the beforementioned diffi- culty, George Fenwick [Esq''] doth agree & is content to take what corne shall bee due unto [him, att] the Townes of Hart- ford or Wethersfeild. And the sayd Com[mittee doth, in] be- halfe of the Generall Courte, and by vertue of [power commit- OF CONNECTICUT. 271 ted] to them, [agree] and undertake that att any time [within four]teene days, [after] warning and notice given by [Geo: Fen- wick Esqi", or his assignes, there] shall bee delivered to [any vessell he or they shall appoint, such corne] as is due to him by [vertue of this Agreement, att eyther of the Townes aforesaid. Neverthelesse, it is still provided that the Ma"" of every vessell [62] carry a note of the quantityes of gray ne,] || with the sev- erall kindes thereof, that are laden by any aboard his vessell from such persons as are deputed by the Generall Courte to that service, and deliver it to George Fenwick or his assignes, before they depart from SeaBrooke, under the penalty men- tioned in an order, made by the Generall Courte of Connecti- cott, for preventing of any indirect or collusive proceedings in violation of the sayd Agreement. And whereas severall pen- altyes are by the sayd order to bee inflicted uppon such as shall transgress, or seeke to evade the true meaning of the sayd agreements, It is now agreed and consented to by the afore- sayd Comittie, that the one halfe of that w^h is so forfeited by any shall bee and appartayne to the sayd George Fenwick Esq"", or his assignes, and the other to such as shall informe.* E: Hopkins. 1 have examined and compared this writing with the origin- all, and finde it to bee a true Coppy, this 4th of March, 1655-56. John Cullick, Sec^. [6.S] Feb^: 17: 1646. It was agreed betwixt Edward Hopkins on ye behalfe of George Fenwick Esqf, and John Cullick, John Tallcott, John Porter and Henry Clark, James Boosie and Samuell Smith, on behalfe of y^ Jurissdiction of Connecticutt, that the Agreement formerly made with Mr. Fenwick shall bee altered, and what was to bee receaved by him according to that, reduced to the tearmes heareafter expressed : viz : there shall, yearely for ten •yeares payd to Mr. Fenwick or his Assignes, one hundred and eighty pounds p"" annum, to bee payd every yeare before y^ last of June, as it shall bee required by the Assignes of the sayd G, * Pages 61 and 62, of the record, are much torn and defaced ; the missing portions have been supplied by reference to the original agreement, preserved in Vol. I of • Towns & Lands,' Doc. No. 3. 272 PUBLIC RECORDS Fenwick, either to such vessells as shall bee appointed, or to such house or houses in Wethersfeild or Hartford as hee shall direct and order, to bee payd ^ in good wheat att 45. p^f B: ^ in pease att 35. p"" B: ^ in Ry or Barly att 35. p' B^i, and if ry or barly bee not payd, then to pay it in wheat and pease in an equall proportion ; only this present yeare, some Indian corne shall bee accepted, but as little as may bee ; Allso there is to bee receaved by the sayd Geo. Fenwick, what shall bee due from Springfeild for the foresayd tearme of 10 yeares, as allso what else may bee due uppon the Beaver trade, according to the former Agreement with him : Allso, whereas the Towne of SeaBrooke is to pay, in this sum of 1801. for this yeare, 10/., when that Towne increaseth so as they pay a greater propor- tion in other rates, in reference to what these Townes, Wind- sor, Hartfoid, Wethersfeild and Farmingtowne doe pay, they shall increase theire pay to Mr. Fenwick accordingly : allso, whereas Mattabesuck may hereafter bee planted, they shall pay to Mr. Fenwick in the same proportion they pay other rates, to these Townes : These foure Townes being accounted at one hundred and seaventy pounds. Edward Hopkins, i John Tallcott, John Cullick, James Boosie. I haue examined and compared this writing with the originall and finde it to bee a true Coppie, this 4^^ of March, 1655-56. John Cullick Sec. [64] A Session of the Generall Courte in Hartford, the 7th OF March, 1654-55. Mr. Wells, Deputy. Magistrates : Mr. Webster, Mr. Woollcott, Mr. Cullick, Mr. Clarke, Mr. Willis, Mr. Tailecoate, Deputies : Mr. Steele, Mr. Phelps, Mr. Trott, Mr. Gay- lerd, Mr. Allyn, Mr. Westwood, Mr. HoUister, Edw; Stebbing, John Bissill, Andrew Bacon, Nath: Dicker- son, Steph: Harte, Tho: Coleman, Tho: Whittmore. Richard Church is freed from watching, warding & training. OP CONNECTICUT. 273 This Courte allowes the souldiers y* went uppon the last ex- pedition to ye Narragansetts, by vertue of the determination of the Comissionrs, as followeth : To the comon souldiers, 16d. a day ; To the Drumers, 20c?. a day ; To the Serieants, 2s. a day ; To the Ensigne, 25. 6c?. a day ; To the Leiftenant, 3s. a day ; To the Steward, 25. a day. This Courte desires Mr. Wells & Nath: Dickerson, for Weth- ersfield; Mr. Webster and Mr. Cullick, for Hartford; Mr. Clarke & Mr. Allyn, for Windsor; Mr. Steele & Steph: Harte, for Farmington; Thomas Allyn and Robert Webster, forMid- letowne, to receive, alio we & signe to the Treasurer, such bills of debts from ye Country to any perticular person as shall bee brought in to them in theire severall Townes. And Mr. Web- ster & Mr. Cullick are desired to audite the Treasurers acco*^ for the yeare past. This Courte hath considered the acknowledged transgression of lawe, about casting Ballast in an inconvenient place, at Weth- ersfield, by William King, Marriner ; uppon severall grounds they doe mitigate the penalty of the said order, and doe adiudge the said King to pay for his transgression aforesaid, 20ss. This Courte advises that it bee p^sented to the Gen: Courte in May next, that it may bee ordered, that notwithstanding the former order w^h req: that such goods as are disstreined uppon execution should bee apprized by 3 men, as yt Lawe directs, ■vych now proves to bee inconvenient & sometimes iniurious to ye creditors, it shall hereafter bee lawful! for ye Marshall to make sale of such goods distreined w^^out the apprizem*^ before specified, as well as hee may, for the good of the debtor, for the same pay that the debtor was to make. [65] A Generall Courte of Election [in] Hartford, this 17th OF May, 1655. Mr. Thomas Wells, chosen Govrno"". Mr. John Webster, Deputy Govno^. 274 PUBLIC RECORDS Mr. Hopkins, Magistrate ; Maior John Mason, Magis- trate ; Mr. Winthrop, Magistrate. Mr. Woollcott, Mag- istrate. Mr. Cullick, Magistrate ^ Sec" ; Mr. Clarke, Magistrate ; Mr. Willis, Magistrate ; Mr. Tailecoate, Magistrate, Treasurer; M.x. io\va.Cos,xnox&, Magistrate ; Capt. Thomas Topping, Magistrate. Beputyes : Mr. Steele, Mr. Phelps, Mr. Gayler, Mr. Allyn, John Bissell, Mr. Trott, Nath: Dickerson, Mr. HoUister, John Deming, Mr. Warde, Mr. Hill, Mr. Westwood, Edward Stebbing, Andrew Bacon, Mr. Brewster, absent, Will' Cheessbrooke, absent, Robert Webster, Will' Smith, absent, John Pratt, absent, Phillip Groves, Staph: Harte, absent, John Clarke, Rich: Webb, Nath: Cam- feild, Thomas Fairechild. The names of those w<=h were made Freemen of this Juriss- diction, at this Courte, are, — Mr. John Russell Senior, Jacob Gibbs, John Hubberd. The freemen hath impowered this Generall Courte to chuse Commission''^ for them, for the yeare ensuing. A letter is to bee sent to East Hampton, in ans: to theires, yt it can bee no advantage, but rather the contrary, to theire devided, shattered condition, not to have dependance uppon or bee under some settled Jurissd: &c. and therefore advise y™ so to doe, &c. and to pay w^t is theire just dues to this Comon- wealth. Math: Camfeild, for Norwaack, & Phillip Groves, for Strat- ford, are confirmed Assistants, according to former order, in May (54.) Maior John Mason & Cap*. John Cullick are chosen Com- mission" for this Collony for the yeare ensuing, to agitate with the other Collonyes, according to the Articles of Confederation, and Mr. Tailecoate is chosen as a Reserve. Mr. Govnc, Mr. Deputy & Mr. Clarke are desired to goe downe to the sea-side to keepe Courte at Fairefeild or Strattford. Maior Mason, Mr. Cullick & Mr. Tailecoate, are desired to goe to Pequett, as soone as may conveniently sute them and the Towne, to keepe Courte there, and w" other necessary ser- vice shall appeare. OF CONNECTICUT. 275 This Courte, considering the petition of Cap*. John Under- hill, in refFerence to his seizure of y^ Dutch Howse, Hope, & lands ; they doe, in way of answer, returne as foUoweth : First, yt notwithstanding all yt hath yet appeared to them, they may and doe declare y* till more appeares, they shall meinteinetheire owne seizure of ye pimises, according to the end and extent thereof. 2^h, yt they see not cause to warr<^ his seizure, nei- ther shall they allowe or approve of his sale thereof, to any per- son w"soever, from this Jurissdiction.* Concerning Mrs, Styles petition, ye Courte declares yt if the Comittee yt goes to keepe Courte at Strattford and the Towne of Strattford sees cause, they may settle uppon Mrs Styles w" shee desires. [66] This Courte considering the sad complaint of Goody Beckwith, of Fairefeild, in referrence to her husbands deserting of her, doe declare y* by w** evidences hath beene p^'sented to them of ye manner of her husbands departure and discontinnu- ance, they judge that if the said Goody Beckwith, wife of Thomas, shall uppon her oath testifie to the Magistrates that are shortly to keepe Courte at Strattford, that her husbands de- parture was as others have testified it to bee ; and yt shee hath not heard from him nor of him any wayes since hee deserted her, the said Magistrates may give her a bill of Divorce & sett her free from her said husband. This Courte considering the appeale of Jonas Wood, of South Hampton, and well weighing the grounds & causes thereof, doe * In May, 1653, Capt. Underhill was commissioned by the Colony of Providence Plantations, as commander in chief of their land forces, for the prosecution of the war against the Dutch. Under and by virtue of this commission, (and, as he alleges, with the permission of the Gen- eral Court then in session at Hartford,) on the 27th and 28th of June, 1653, Capt. Underhill seized the Dutch Fort, " The House the Hope," at Hartford, with the lands adjacent. In April, 1654, [page 254, ante,] the General Court ordered the Dutch house, with the lands &c. thereunto belonging, to be sequestered and reserved in the behalf of the Commonwealth of England, " all particular claims or pretended rights thereunto notwithstanding" ''till a true trial may be had of the premises," and in the mean time prohibited all persons from improving the premises by virtue of any title other than should be given them by the Court. In the petition now presented to the Court, (a certified copy of which is preserved in Vol. I of " Towns & Lands," Doc. No. 81.) Capt Underhill asks permission to sell and convey the prop- erty he had seized two years before, — pleading his past services to the Colonies, his straitened circumstances, and the justice of his claim. Notwithstanding the refusal of the Court to grant the prayer of the petition, Capt. U. proceeded to effect a sale, and on the 18th of July following, executed a deed of the premises to Wm. Gibbins & Richard Lord. [Towns & Lands, 1. 82.] 246 PUBLIC RECORDS judge and declare, that as things have appeared to them they cannott but justifie the said Woods appeale against John Cooper, and doe judge that Cooper hath vnjustly molested, troubled, greived, and dissparaged the said Wood, in a speciall manner in and about his telling Wood that hee lyed against his knowledge and concience, w^h charge of his hath evidently ap- peared to this Courte to bee alltogether groundless aud scanda- lous. The pi'mises being considered, they doe adiudge the said John Cooper to pay as followeth : Im: To Wood, for his charge uppon the first Jury, and all other charges for his owne defence and clearing, at the several! other Courtes at South Hampton, wherein hee was defend*, and all other charges of evidences, wittnesses and otherwise, in order to his appeale to this Courte, y^ sum of thirty pounds, £30. 0. 0. 2diy To Wood, for slaundering of him, as aforesaid, 05. 0. 0. Sfiiy To the Country, in p* of theire charge in ) attendance uppon ye aforesaid appeals, ) 05. 0. 0. 40. 0. 0. It being the true intent & meaning of thi^ Courte, notwith- standing the pJ'mises, that John Cooper should pay all the char- ges of the two last pi'ticular Courts at South Hampton and of the Generall Court there, over and above the aforesaid sum of forty pound, that is, so farr as Cooper as plantiff procured ye charge for himselfe or for the maintenance of his cause against. Wood ; but so farr as Wood procured any charge for his owne defence & clearing, Wood is to pay out of the aforesaid suiii of 30/. If John Cooper shall not satisfie & discharge to Jonas Wood the judgem*^ of this Court, viz : the sum of 35Z. betweene this & the first of July next, then Wood may proceed to execution. The Sec. is ordered to deliver execution to Jonas Wood accordingly. This Courte allowes Cornelius Hull, out of the publique Treasury, for his charge and expence in coming up hither to give in testimonie concerning Baxster, 20ss. John Elderkin, of Pequett, being p'"sented to this Court as chosen by y^ Towne of Pequett to keepe an ordinary, accord- OF CONNECTICUT. 277 iijg to order of Courte, wh hee hath accepted of to attend after 29 Sept; next, the Court confirmes him in that place. [67] This Courte allowes the keeper of the prison, for his yearly s[alary] 12/. & for delinquents 6^. 8d. ahead. It is ordered, that the Tovvne of Norwack shall possess & inioy all ye land w^h they purchased of the Indians, not of right belonging to the plantation of Fairefeild. This Court orders, that in the intervalls of Generall Courts, ye Magistrates shall have power to appointe publique dayes of Thanksgiving & Humilliation, in this Jurissdiction, as they shall judge meete. It is ordered by this Courte, with the approbation of y^ Depu- tyes from the seaside, viz: P'airefeild, Strattford & Norwacke, that the whole charge of all such Courts as are kept in any of the aforesaid Townes, wherein none are questioned for y^ breach of some capitall lawes, shall bee borne by those said Townes, and that all the charge of such Courtes in any of the aforesaid Townes as shall have some charged in them for the breach of any capitall law as aforesaid, shall bee borne one halfe by the said Townes, & the other halfe by the Country. Whereas, it doth evidently appeare to this Courte that the Secretary thereof, for some yeares past, hath not had sutable recompence for his great paines in the service of his place, by the former provision or allowance they have made in consider- ation thereof; It is ordered by this Courte, that the Sec"^ shall have 18c?. for every action entred by the taking out of any war- rant respecting the same, either from himselfe or any other Ma- gistrate, under the sum of forty shillings, and 6d. for every war- rant: And for every action, as before, above y^ sum of forty shillings, the Sec shall have 2s. ; And that if any Magistrate graunts a warrant respecting any action, they shall bee paid for every warrant, six pence: and they shall take the Secretary's fees of such persons as they graunte theire warrants to, and at every Courte, make due payment thereof to him : It is allso further ordered, that the Sec^ shall have for every Attachement or Replevin, bond and action belonging thereun- to,* 55. ; for every Execution under fifty shillings, 2s. Gd., and every Execution above fifty shillings, 55. ; for every Will or In- • [In margin ;] " and for coppies of them, halfe so much." 25 278 PUBLIC RECORDS ventory or both, under 50/., 3s. 4d. ; & for every under a hun- dred pound, five shillings ; and for every one above a 100/., 6s. 8d. And for the Orders of common concernment in each ses- sion of the Generall Court published, 25. from each Towne where they are published ; & what writing perticuler Townes or persons makes y^ Sec, at any Generall Courte or session thereof, they shall pay and allowe, w^^out any delay, good re- compence & satisfaction to his reasonable content. For every Recognise: entring in Courte, uppon the entry thereof 2s. The Courte is adiourned to the 1 Wednesday in July next. [68] A Generall Court in Hartford, the 4*^-^ of Octob''. 1655. Mr. Wells, Govrno"". Mr. Webster, Deputy. Magistrates : Mr. Cullick, Mr. Clarke, Mr. Willis, Mr. Tailecoate. Deputyes : Mr. Fitch, Mr. Allen, Mr. Trott, Mr. Hull, Mr. Steele, absent, Mr. Woolcott, Mr. Westwood, Mr. Hill, absent, David Willton, Edward Stebbing, John Bissell, Andrew Bacon, Nath: Dickerson, Sam: Smith, Tho: Coleman, John Brunson, William Smith, Phillip Grove, Thomas Fairechilde. Bartho: Barnard, of Hartford, is fyned 5s. for not returning the warrants seasonably for Deputyes, according to order. The Widdow Gibbs her forfeiture of 4/. as by record of Courte, in Sept. (54) is by this Courte remitted to one halfe, y' is to say, that shee shall pay but 40ss. w^h* Richard Lettin, being called 3 times to appeare at this Courte in answer to his Recognise: and not answering thereunto, hath forfeited his Recognise: of 20/. George Phillips, by reason of severall weakenesses that attend him, is freed by this Courte from Training during his aforesaid weakeness. The Comissionrs of Strattford & Fairefeild are fyned 40s. a * The original is thus incomplete. OF CONNECTICUT. 279 peece, for theire neglect of meeting according to order, for the perfecting the Lists. Sea-Brooke is fyned forty shillings, for not sending y^ Lists of theire estates to the Courte. Norwacke is fyned in like manner, for y^ same defect, 40ss. The Lists of the persons and estates in ye severall Townes within this Jurissdiction: Persons. Estates: £. Persons. Estates; £. Hartford, 176. 19525. Sea-Brooke, Windsor, 152. 15595. Norrwake, Wethersfeild, .102. 12404. Strattford, 65. 8165. 10s. Farmington, 52. 5910. Fairefeild, 90. 9255. 18 Midletowne, 32. 2315. Pequett. The last Wednesday in this month is appointed by this Courte to bee solemly observed a day of publique Thankesgiv- ing to ye Lord (for renewed mercyes,) by all the Plantations in this Jurissdiction. This Courte adiudges yt Wm. Lewis as Attorny to John Cogg[ ] shall pay unto James Wakely thirty shillings for his charges, damages &, uniust molestations hee has sustained, by reason of his Attornyshipp to Stephen Day, of Cambridge.* [69] This Courte graunts a penny in the pound, to bee levied to de[fray the] Country charges & debts, w^^ is to bee paid three fourths in wheat and pease and one in Indian. This Courte orders that Danniell Porter shall bee allowed and paid out of the publique Treasury, as a sallery for the next ensuing yeare, the suin of six pounds, and six shillings a journy to each Towne uppon the River, to exercise his arte of Chiur- gerie. The Courte is adiourned to ye last Wednesday in March next. March 26, 1656. Depuhjes: Mr. Fitch, Mr. Allyn, Mr. Woollcott, Mr. Trott, Mr. Westwood, Edw: Stebbing, Capt: Willton, Nath: Dickerson, Andr: Bacon, Tho: Coleman, John Bissell, Sam: Bissell, Rob: Webster. * [fn margin:] " John Cullick dissents from the Court in this Act of theires : John Cullick." 280 PUBLIC RECORDS It is ordered by the Courte, that Mr. Wollcott shall assist Mr. Clarke in attending the defFects about trainings in the Towne of Wyndsor, in such cases as 2 Magistrates have power to ishue. This Courte doth graunt the request of Good: Wads worth, Good: Lewis, Good: Wilterton, Good: Seager, in freeing them from training & watching. Capt. Jno: Cullick this day promising to deliver into the Courte the originall agreements betweene Mr. Fenwick & this CoUony for what they purchased of him, which being done, this Courte doth order that this Committee now chosen shall give Capt. Cullick a trve coppy of them vnder their hands, which shall be att all times full and good in law to all intents & pur- poses as the originall writings, which writings shall be sealed with the scale of the Collony. The names of the Committe now chosen to subscribe y^ aforesd coppys are, Mr. Welles, Mr. Webster, Major Mason, Mr. Tallcott, Mr. Steele, Mr. Westwood, Mr. Woolcott, Sam: Smith. Mr. Webster, Mr. Tailcott, Mr. Fitch, Mr. Woolcott, and Sam: Smith are chosen to as a Committe for to take in 'the Accots from ye Capt. concerning the monies pd for their pur- chase of Mr. Fenwick. The Courte is adjourned to this day fortnight, if the Governor sees cause y^ to call it. [70] A Generall Courte of Election in Hartford, 15 May, 1656. Magistrates elected : Mr. Webster Esq'', Governor. Mr. Welles Esqi", Dep*. Governor. Mr. Hopkins Esq"", Magist., Mr. John Winthrope Esq', Major John Mason, Magistrate, Mr. John Cullick, Magist: <^ Sec"., Mr. John Clarke, Magistrate, Mr. Willis, Magistrate, Mr. Tallcott, Magistrate 6f Treasu- rer, Capt. Topping & Mr. Ogden, Magist. Deputyes: Mr. Steele, Mr. Allyn, Mr. Gaylard, Mr. OF CONNECTICUT. 281 Brewster, Mr. Trott, Mr. Ward, Mr. Hull, absent, Mr. Westwood, Mr. Newberry, Nath: Dickerson, Sain: Smith, Nath: Ward, Edw: Stebbing, Andr: Bacon, Tho: Coleman, Edw: Griswold, Math: Campfeild, Hugh Cal- kin, John Brunson, John Hurd, John Welles, John Clarke, Robert Webster, absent, Tho: Allyn. Persons made free : — Bartho: Bernard, Wm. Gutteridge, Ben: Harbor, Philip Davis, Gabriell Line, Wm. Judd. This Courte doth graunt that John Bissell shall keepe the ferry at Wyndsor for the next ensuing yeare, being ingaged to performe the former tearms of his keeping the same with this addition, that whosoever in this Jurisdiction shall be listed, with the approbation of the Gen: Courte, from yeare to yeare, for troopers, shall be passage free for horse & man, so long as he keepes himselfe vnder & performes the tearmes of his listing, so often as the said troopers shall with their listed horses travill with them to Springfeild towne or beyond. Major Mason & Mr. Tailcoate are chosen Commissioners for the yeare ensuing, and Mr. Fitch as a Reserve. Good: Groves is chosen an Assi-stant for the towne of Strat- ford, Ensigne Gold for Fairefeild, Good: Campfeild for Nor- walke ; Good: Campfeild is ordered to give the oath vnto the other two Assistants. Mr. Governos Mr. Deputy, Mr. Cullick & Mr. Tailcoat are desired in some convenient time to advise w'h the elders of this Jurisdiction about those things y* are pi'sented to this Courte as grevances to severall persons amongst vs ; (and if they judge it nessisary,) to crave their healpe & assistance in drawing up an abstract from the heads of those things, to be p^sented to the Gen: Courtes of the severall vnited CoUonyes, and to desire an answer thereunto as sone as conveniently may be. This Courte, at the request of Stratford, doe graunt that theire bounds shall be 12 myle northward, by Paugasitt River, if it be att the dispose by right of this Jurisdiction. Jonas Wood having given to this Courte in writing vnder his hand, severall complaintes agt some persons in South Hamp- ton mentioned in the sd writing, & hath given bonds to prosi- cute his complts. to abide by the judgment of the Gen: Courte 25 * 282 PUBLIC RECORDS in Octob"" next: This Courte desire the Dep. Governo'^ to write to Capt. Topping & Mr. Ogden & acqvaint them with the aforesd complaints, and thearfore if the complaints, with the grounds of them, are not timely removed and satisfaction made, it is desired & expected that the respective persons concerned should appeare in theire owne defence at the aforesd Gen: Courte, the first Thursday of Octobr next. Geo: Fenwick Esq"", having manifested his respect to this Collony ingraunting that the Towne ofSeabrooke should have the vse of the Westerne necke, for their young cattle & sheepe or goates, till further order be given by him or his assigne, he reserving to himselfe y^ propriety notwithstanding ; The Courte declares themselves, that is theire apprihensions yt ye benefit & advantage of the aforesd graunt should belong only to thos per- sons that cohabitt in the towne platte, till such time as the aforesd neck be called for again by & for the vse of the aforesd Geo. Fenwick Esq^ or his assigne. This Courte graunts Mr. James Fitch a compitent farme, conteining bet: 2 & 300 Acres, at Menunketeseck, so far as it is within theire power to make the aforesd graunt. [71] It is ordered by the Courte, y* the Assistant & Gierke of the Trained Band in each towne of Stratford, Fairefeild & Nor- walke, shall hearby have power committed to them to examin & censure all defects of armes, in their severall townes ; and allso deffects vpon training dayes, both in not coming late or other- wise; and to graunt out disstresses ag* the respective delinquents for the same. The Courte is adjourned to the day before the Quarter Courte in Septembr next. Generall Courte held at Hartford, Octob'' 2^, 1656. Mr. Webster, Governor. Mr. Welles, Dep. Governor. Magistrates : Mr. Clarke, Mr. Tallcott, Mr. Willys. Dep : Mr. Steele, Mr. Allyn, Edw: Stebbing, Wm. Wads- worth, Joseph Mygatt, Rich: Butler, Mr. Gailer, Mr. Clarke, Mr. Newberry, Mr. HoUister, Mr. Robbins, Good: Dement, John Clarke, Mr. Ward, Hen: Grey, OF CONNECTICUT. 283 John Herd, John Wells, Lifeten^ Webster, John Brun- son, Sam: Haile, Good: Calkin. Vpon ye complaint of Jonas Wood, this Courte orders, y* Mr. Ogden shall bee written to fro this Courte to graunt exicu- tion to Jonas Wood, according to the verdict of the Jury, ag* John Cooper, at a Courte held at South Hampton about a yeare since. Ordered by the Courte, that Tho. Backsters bill or bond lying in the Courte shall be returned to him by the Secritary, w" it is or can be found. It is ordered by the Courte, y' w*^ person so ever, either In- dians or English, shall take any Wolfe out of any pit made by any other man to catch wolfes in, whearby they would defraude the right owner of their due from the towne or country, every such off'endor shall pay to the owner of the pit 10s. or be whiped on their naked bodyes not exceeding 6 stripes. Andr: Bacon & John Bernard are exempted from training &. watching & warding, by the Courte. It is ordered by this Courte & y^ authority thearof, y* none in this Common Wealle shall sell any strong liquors after, above 85. p"" gallon by retail, sil: any yt are lycenced except y^ ordinary keepf®, who shall not exceed 14s. p' gallon by retaile ; this order to begin at y^ 1 Decembr next, & this order to con- tinue for one yeare : & none in this Common weale lycenced shall sell wyne at above 18d. pr qvart, exept to ordinary keep'"s who are not to exceed 2s. p"" quart, & this order to continve for one yeare and to begin 1 of December next. Good: Mygate is lycenced to sell strong lyquors by retaile. It is also ordered for one yeare, yt two Magistrates shall have libertye to ly cense such as they see meete, if thos lycenced shall retale* to sell. It is ordered by this Courte & the authority thearof, that no towne wthin this Jurisdiction shall entertaine any Quakers, Ranters, Adamites, or such like notorious heritiques, or suffer to continve with them above the space of 14 dayes, vpon the pen- alty of 5l. per weeke for any towne entertaining any such per- son ; but the townes men shall give notice to the two next • This word should be refuse. Several obvious errors and omissions occur in the record of this session, which is not in the hand writing of Mr. Cullick. 284 PUBLICRECORDS Magistrates or Assistants, who shall have power to send them to prison, for the securing of them vntill they can conveniently be sent out of the Jurisdiction.* It is also ordered, y* no master of any vessell shall land any such Heritiqs : but if they doe, they shall be compelled to trans- port them againe out of this Collony, (by any one Magistrate or Assistant,) at their first setting saile from the port wheare they landed them, duering which time the Assistant or Magistrate shall see them secured, vpon the penalty of 20Z. for any master of any vessell y^ shall not transport them as aforesd. [72] It is allso ordered, y* none in this Collony shall sell any Indian any horse or mare, nor any boate or boate riginge, vpon ye penalty of five for one, for any such default. It is allso ordered by this Courte, that vpon consideration of w* was commended to the severall Courtes, to have vpon re- corde to posterity the most memorable passages of Gods pi^ovi- dence f & settlinge & hitherto continuing his people in this Country, for the attaineing hearof, Major Mason, Mr. Stone, Mr. Goodv/yn, Mr. Wareham, Mr. Steele & Good- man Stebbing, are desired to meete to collect such remarkable passages ; Mr. Pell : & Mr. Ward are desired to send in writing such occurrances by the sea-side. It is ordered by this Courte, that such Constables^ within this Jurisdiction shall make returne of their warrants at Octob'" Courte, which they received the spring before, & ishue their accounts with the Treasuror about thos collections which they were adjoyned to attend by thos warrants for Country Levyes, vpon the penalty of 405. to the publike Treasury, for every such default. The Lists of the persons & estates in the severall Townes within this Jurisdiction : — * This Order, (with the three which next follow,) was made by the General Court in con- formity with a recommendation of the Commissioners of the U. Colonies, who, at their session in September, had (upon the suggestion of the Governor and Magistrates of Massachusetts Colony,) "proposed to the severall Generall Courts, that all (Quakers, Ranters and other notorious Here- tiques be prohibited coinming into the Vnited CoUonyes, and if any shall hereafter come or arise amongst vs, that they be forthwith secured and removed out of all the Jurisdictions." " And that no horse or mare, young or old, be sould to any Indian, vnder the penalty of five for one." " And also that no boates or barkes or any tackling belonging thearvnto be sould to any In dian, vndcr the penalty of five for one." [Rec. of U. Colonies.] t Blank in the original. ^ For ' each Constable' 1 / OF CONNECTICUT. 285 Persons. Estates. Estates. Hartford, 188. 19675. 55. 0. Stratford, 9033. 0. 0. Wyndsor, 152. 15531. 0. 0. Middletowne, 2375. 10. 0. Wethersfeild,107. 12504. 10. 0. Pequott, 6408. 11. 0. Norwaake, 3154.10. 0. Seabrooke, 4931. 0.0. Fairefeild, 10053. 4. 0. This Courte graunts a Rate in the Country, to bee levyed by virtue of the Treasurors warrants to the Constables in each Towne, for three farthings in the pound, to bee pd halfe in wheat & halfe in pease. This Courte orders, that when John Elderkin doth lay downe the ordinary att Pequott, y^ &, not before Geo. Tounge may have a lycence from any one Magistrate to keepe an ordinary according to the orders of this Courte, in the aforesd towne of Pequot. It is ordered, y* next Wednesday come 3 weekes shall be kept a publique day of Thanksgiving to the Lord, for the gen- concurrances of many mercyes the yeare past, by all the plan- tations in this Jurisdiction, notice being to be given to y^ offi- cers in each towne by the Deputyes of the Courte from the sd townes. This Courte orders, that in ye action whearin Sam: Smith as Attourny to Tho. Stephenson, did cast Mr. Robbins, 10/., yt execution shall be respited vntill beter proofe appeare, pro- vided he bring it in at ye Quarter Courte in Septem: next. The Courte is dissolved. Some other orders made at the Courte in Octol/ 4'^ 1658. The names of thos that are appointed by the Courte, to be Leather sealers, for the yeare ensuing : For Hartford, John Stedman, Edw: Grannis ; For Wyndsor, Good: Olderige, Jobe Drake ; For Seabrook, Jonath: Rudd, John Olmesteed ; For Stratford, Good: Groves, & Robert Rice ; For Norwaack, Richard Olmesteed. [73] Octobr 2d, (56.) This Courte taking into serious consideration the severall deceites and abuses which in other places have beene and are commonly practised by the tanners, curlers, butchers and workers of Leather, as also the abuses and inconveniences 286 PUBLIC RECORDS which acreu to the several! members of this Common wealth by leather not sufficiently tanned and wrought, which is occa- tioned by the necligence & vnskillfullness of thos severall tradesmen, which before, in & after it is in the hand of y tan- ner may be much bettered or impayred, for prevention hearof, it is ordered by this Courte and the authority thearof, That no Butcher, by himselfe or any other person, gash or cutt any hide of ox, bull, steare or cow, in fleaing thearof, whearby the same shall be impayred, vnder the penalty of 12 for every such gash in hyde or skin. Nor shall any person or persons vseing or which shall vse the mistery of tanning, at any time or times hearafter, offer or put to sale any kinde of leather which shall be insufficiently or not throughly tanned, or which shall not then have beene after the tanning thearof well & throughly dryed, vpon paine of for- fiture so much of his or their sd Leather as by any searcher or sealor of leather lawfully apointed shallbe found insufficiently tanned or not throughly dryed as aforesd. Nor shall any person or persons vseing or occupying the mistery of tanning set any of their fatts in tann hills or other places wheare the woozes,* or Leather put into tann in the same, shall or may take any vnkinde heates, nor shall put any leather into any hott or warme oozes w^soever, on paine of 20l. for every such offence ; nor shall any person or persons vseing or occupying the mistery or facultye of curreing, burne or scauld any hide or leather in the curreing, but shall worke the same in all respects with good & suffitient liqvor both for qual- iity <& quantity, sutable to the condition of the Leather dreast by him or them, on paine of forfeture, for every such offence or act done contrary to the true meaning of this order, the full value of every such hide marred by his evell workmanship or handleing, which shall be judged by two or more sufficient and skillful persons, curreors or others, and their oath given them for that ende by one Magistrate or Assistant. And every towne wheare neede is or shall be, shall chuse one or two pei'- sons of the most able & skillfull within their severall towne- shipps, & present them to y^ Courte or one Magistrate or As- * Ooze ; " the liquor of a tan vat." Webster. / OF CONNECTICUT. 287 sistant, who shall appoint and sweare the sd persons by their discretion to make search and view within the presincts of their limmites as often as they shall think good and neede shalbe, who shall have a mark or scale prepared by each towne for that purpose : and the said searchers, or one of them, shall keepe the same & therewith shall scale such Leather as they shall [finds] suffitient in all points, one or other ; and if the sd searchers or any one of them shall finde any Leather sould or offered to be sould, brought or offered to be searched or sealed, which shall be tanned, wrought, converted or vsed contrary to the true intent & meaning of this order, it shall be lawfuU for the sd searchers or any of them to seize all such Leather and to retaine the same in their custody, vntill such time as it bee try- ed by such tryars & in such manner as in this order is appoint- ed, viz : vpon the forfeture of any Leather, y^ Officer so seiz- ing ye same shall w^^'m 3 dayes call to him 3 or 4 men, honest & skillfull in such ware, to view the same in the presence of the perty, who shall haue timely notice thearof, or without him, who shall certefye vpon their oaths to the next Quarter Courte or one Magistrate or Assistant, the defect of the same Leather, except the perty before submit to their judgment. Nor shall any searcher or sealor of Leather refuse with convenient speede to seale any Leather suffitiently tanned haveing timely notice ; nor shall any such searcher or sealor seale that which is insuffi- tiently tanned, vpon the forfeture for every such offence [o/] 10s; & the fees for searching ife sealing of Leather, shall be 2d pi" hide for every number vnder five, & 12^ for every dicker* of Leather, which the tanner shall pay vpon the sealing the sd Leather, from time to time : [74] Lastly, its ordered by the authority aforesd yt yc severall fynes & forfetvres in this order mentioned, be eqvally devided into 3 p^ts ; one part to the Common Treasurer of the Country, 3t p"^! to the Common Treasury of the towne wheare the offence comitted, one 3^^ p''t to the seizor or seizers of such Leather which is insuffitiently tanned, curried or wrought fro time to time. * Dicker or dicre ; "a quantity of leather consisting of ten bides." Johnson. t Thus, in the Record. 288 PUBLIC RECORDS A Generall Court, called by the Gouernqi^ & Magis- trates, THIS 26"i of Fes'", 1656. Joh. Webster Esq^, Gouernoi". Tho: Wells Esqf, Deputy. Magistrates : Major John Mason, Capt. John CuUick, Mr. Clarke, Mr. Willis, Mr. Tailecoat. Deputies : Mr. Steele, Tho: Judd, Robert Webst^, Geo: Graues, Mr. Trott, Mr. Robbins, John Dement, Mr. HoUister, Capt. Denison, Will: Cheesbrook, PhiUip Groues, Willi: Beardsly, Mr. Allyn, Mr. Gailerd, Mr. Phelps, Mr. Clarke, Nath: Ely, Sam: Hale, Cornelius Hull, Henry Grey, John Clarke, Robert Chapman, Mr. Lord, Will': Wadsworth, Joseph Mygat, Richard Butler. This Court desires that Major Mason doe warne John 01m- steed. Constable in Seabrooke, to appeare at the next session of this Court in Hartford, to answer such irregularities in attend- ing his warrant for choise of Deputies for this Court as shall bee charged & proued, complained of hereby William Waller, where the said Waller is also in like maner to be warned to make good his compl*. Voted. This Courte appointe Mr. Steele, Mr. Allin, Mr. Dan: Clarke, Mr. Lord, William Wadsworth, Mr. Hollisf, John Deming, Robert Webster, w^h the Magistrates, to bee Committee, to giue the best safe advice they can to the Indians, if they agree to meete & being mett shall craue the same of them. This Court doth order that Mr. Warham, Mr. Stone, Mr. Blinman &l Mr. Russell bee desired to meet, the first fifth day of June next, at Boston, to conferre & debate the questions formerly sent to the Bay Court, or any olher of the like nature that shall bee p^pounded to them by that Court or by c owne, w'li such divines as shall bee sent to the said meeting from the other Collonies ; and that they make a returne to the Gen: Court of the issue of their consultations. Voted. It is also ordered, that a coppy of the former order bee sent to the foure YiW^ chosen for the Synnod, w^h a coppy of 12 questions more, w^h this Court hath agreed should bee sent by the first opportunity to the Gouernor in the Bay, for the Synnod to consider w^^ the former questions. Excluded. / OF CONNECTICUT. 289 It is also ordered, that the Deputies, w^^ the Deacons of the Church in each towne, take care that their said E\d'^^ bee comely &. honorably attended & suited w^h necessaries in their journey to the Bay and home againe ; and that the same, w^h their p'"portion of charge in the Bay, 'during their abode there vpon this seruice, bee discharged by the Treasurer ; and also the Deputies are impowered to presse horses (if need bee,) for the end aforesaid. Voted. It is ordered, that the levy vpon the seurall townes for the Country, by the last Court, shall bee made for a penny vpon the pound. Voted. [75] This Court doth grant liberty to Sam" Marshall of Wind- zor, to sell strong liquors by retaile, for the space of one yeare. This Court confirmes the former grant (prooued to them) of 20 myle Hand, w^h the meadow adioyning on the east side the great Riuer, & comonage appertaining, to Robert Chapman of Seabrook. Robert Webster is confirmed Recorder for the Towne of Middletowne, according to their desire. Voted. Whereas, there is p^uision made formerly, against all vnlaw- full games, but the Court hath not explained themselves so farre as there may bee need, what games they iudge & condemne as altogether vnlawfull, in the very nature of them. It is now or- dered, that if any person or persons, of what rank or quallity so euer, in this Jurisdiction, shall after the publishing of this order, play at Cards, Dice, Tables, or any other game wherein that great & sollemne ordinance of a Lott is expressly & di- rectly abused & p^phaned, the persons playing or that shall play, more or lesse, at any of the aforesaid games, shall pay for euery offence 2055. a peece to the publicke Treasury ; & the head of that family where any such game shall bee vsed or played, (if hee or shee know of, bee priuy to & allowe any such playing in their house or houses,) they shall pay in like manner, 2055. for each time any such game is played in part or whole, but if they play wthout any privity or knowledge of theirs, then that w<='' otherwise should haue bene paid by them shall bee paid by the said gamesters or play^ that is to say that the persons playing shall pay 2055. a time for euery time they play at any of the aforsaid games, more then his foi'mer penalty, to the 26 290 PUBLIC RECORDS publicke Treasury; onely it is p''uided that one third part of the penalties shall bee to the party or parties that shall discouer and prooue the same to the Court.^ Voted. It is ordered, that the sallery formerly allowed Daniell Por- ter shall bee continued to him for the next ensuing year, after the end of his last sallery. Voted. Mr. Tho: Fitch, of Norwalke, beeing p>"sented to this Court as chosen by that Towne for Clarke of their trained band & Recorder of lands, is confirmed by this Court in the aforesaid respectiue ofSces & imployments. Voted. This Court hauing read and considered a certificate from Mr. Laurence Cornelius, Dutchman, (& the Townsmen of Pequett,) they doe declare and shew that they allow and confirme the act of the Towne or Townsmen of Pequet in admitting the said Lawrence Cornelius an inhabitant of that Towne, to haue free trade amongst oJ'selues ; p uided in all things hee obserues & kepes all the wholesome lawes and orders of this Jurisdict: that either are or shall be made. This Court doth order that those that shall hereafter bee made free, shall haue an affirmatiue certificate vnder the hands of all or the major part of the deputies in their seuerall townes, of their peaceable and honest conuersation, and those and only those of them w^h the Gen: Court shall approue shall bee made free men. Voted. [76] The Deputyes are desired to bring a list of the names of ihe Freemen in their seui'all Townes to the Gen: Court in Octo- ber next. The Court hereby manifests their desires that the reuerend Eld^'s of the Counsell who formerly transacted the differences of Hartford Church,* would giue a meeting to the reuerend Eld^s of the Bay that haue tendred themselues voluntarily to • " It appears, that about the years 1654 and 1655, several councils of the neighboring elders and churches were called, to compose the differences between the parties [in the church at Hartford.] They labored to satisfy them, with respect to the points in controversy. But the brethren at Hartford imagined that all the elders and churches in Connecticut and New Haven were prejudiced in favor of one party or the other, and therefore they would not hear their advice. For this reason it was judged expedient to call a council from the other colonies. 6ome time in the year 1656, it seems, a number of elders and churches from Massachusetts came to Hartford, and gave their opinion and advice to the church and the aggrieved brethren But it appears, that in the apprehension of the aggrieved, tlie church did not comply with the result." [Trumbull's Hist, of Conn. I. 297.] OF CONNECTICUT. 291 come vp hither to consider and consult w^h way may bee most agreeable to the rule, to put an end to the difference. 2. The Court desires that Hartford Church would write to the former Counsell to come together to Hartford to see if they can compose the differences amongst themselues in this Interim : if not the former request to bee attended. 3. That there may be letters gratulatory returned to the reu- erend Eld^s in the Bay, for their respect, & to continue their former resolutions to come vp to helpe in these cases. 4. The Court desires that Mr. Stone & the Church should, together w^h their letters of request to the former Counsell, declare also vnto one or more of them, in writing, the p^ticu- lars wherein they are not sattisfyed w^h the determination of the Counsell. Mr. Dan: Clarke is desired to draw the letters to the Eldrs in the Bay, and to the form^ Counsell. At the same time, Mr. Gouernor, Capt. Cullicke & Mr. Steele, (hauing no hand in the pi'mises,) did seuerall times expresse themselues openly in the Court, to this purpose ; that though they did exceeding greatly desire any way that might bee dis- couered to bee the way of God should bee attended for the heal- ing of those sad differences in the Church of Christ at Hart- ford, yet being not able, (though oft desired,) to obtaine any thing from the Court that might make it appeare that that w^^^ they haue done w^as (all things considered) the next way of peace _ according to God, they w^iheld their votes ; but did much & often expressly desire that the former Counsell might bee first showed the grounds & reasons, why the Church at Hartford could not submit to the advice giuen, as the dissenting brethren had done ; wherein the Counsell missed any rule of Christ in their aduice for their conviction ; and if the Counsell did not returne a sattisfying answer, then they should bee willing further meanes should bee attended ; yet none of these things could bee obtained. [/n the margin ;] The Courte is adjourned to the 2^^ Thursday in Aprill. Whereas, there is great complaint of the dainage that doth acrew vnto this Comonwealth by the vnruliness of Swyne, It is ordered by this Court & the authority thereof, that after the pub- lication of this order, no Swyne shall goe w'^out rings, at any 292 PUBLIC RECORDS time in the yeare, that are out of mens owne yards, or wt^in foure miles of any meeting house ; And those that shall pound suchswyne shall haue sixpence apeice, besides 2c?. a peice due to the pound keeper & iust damages. The Court doth also re- ferr it to the seuerall Townes, to appoint some that shall attend the execution of this order. This order to take place vpon any swine of aboue a quarter of a yeare old ; only it is declared that this order concernes all the Townes in this Jurisdiction, except [77] Windzor, on whom this order takes place if their Swyne shall bee found to goe w^^out rings, at any time of the yeare, that are out of mens owne yards or w^hin three miles of the great Riuer. Those that were made free men at this Court, are as foUow- eth : — Mr. John Haynes, Stephen Hopkins, Tho: Butler, John Pratt, Daniell Pratt. It is ordered by this court, that while the ministry is main- teined at Paucatuck, the charge thereof & of the ministry at Pequett shall be borne as the major part of the inhabitants shall agree and order, that is whether Pawcatuck shall by & of themselues maintaine their minister &, Pequett their minister, or whether they shall both maintaine both their Ministers in a joynt way. Sam: Smith of Pequett is confirmed Leiuten* to the trained band in that Towne. George Tong is confirmed ordinary keeper in the Towne of Pequett. This Court orders that a certificate shall be sent to Cuscaci- nimo,* by the Sec, to let him vnderstand that this Court allowes him to keep the Mohegins or others of Vncasses men that are * Elsewhere, Cassasinanion, or Robin Cassinomon; aPequot Indian, and one of the number of tributaries assigned to the government of Uncas, after the conquest. He entered the ser- vice of Mr, Winthrop, shortly after the coming of the latter to Pequot. In 16 47, Mr. Winthrop presented to the Commissioners of the U. Colonies the complaint of Robin and other Pequots, of the injustice and tyranny of Uncas, with their petition to be taken under the immediate gov- ernment of the English, and have some place appointed "where they might hve peaceably." Their request was not at this time granted ; but in 1654, Robin, in consideration of his service promised to the Enghsh in the proposed expedition against Ninigret and the Niantics, was freed from his subjection to Uncas or " any Indian Sachem further than the Commissioners should direct, and taken under the protection of the English and freed from tribute." The following year (Sept. 1655,) he was appointed by the Commissioners, Chief or Governor of the Pequot tributaries at Nameag (or Nameoke,) and JVawyunckque («. e. on both sides of Mystic River,) in which post he was continued for many years. [Rec. of U. Col.; Hazzard's Coll. ii. 87, 92, 326, 334.] / OF CONNECTICUT. 293 wth him, till hee receiues further order from the Gen: Court, or the Comission'"s, to whom they haue writt for advice, except Vncas desires them & they desire themselues to goe to Vncas. This Court doth order, that by admitted inhabitants, specified in the 7^^ Fundamentall, are meant only housholders that are one & twenty yeares of age, or haue bore office, or haue 30/. estate. It is also ordered, that not lesse than two Magistrates shall giue the oath of fidellity, at a publicke meeting warned by due & orderly notice giuen for the said publicke meeting. This Court orders, that no Indians shall make any hostile at- tempt vpon any Indian or Indians in any Town or house in this Jurisdiction, neither shall they march through any Towne w^^ theire armes, or in a hostile manner. This Court orders that next Wednsday come fortnight, being the 25th of this instant, shall bee obserued & kept a day of pub- licke humilliation, by all the Plantations in this Jurisdiction, to seeke the presence, guidance & direction of the Lord in ref- ference to the Synnod, & the other waighty concernm** & dif- ficulties of this Jurisdiction ; & the Deputyes in each Towne are desired to acquaint their respectiue Eld^s w*h the same. [78] An Adjournm* of the Gen^i Court, Aprill 9*^, 1657. Mr. Webster, Gou^no^. Mr. Wells, Deputy.] Magistrates: Major Mason, Mr. Clarke, Mr. Cullick, Mr. Willis, Mr. Tailcoat. Deputyes : Mr. Allin, Mr. Phelps, Mr. Gaylerd, Mr. Trott, Mr. Clarke, Mr. Lord, Will: Wadsworth, Mr. Robbins, Leiftnt Hollistr, Joseph Mygatt, John Deming, Nath: Ely, Henry Grey, John Clarke, Robert Chapman, Sam: Hales, Geo: Graues. John Packer testifieth vpon oath, that at a Towne meeting at Pequett, the major part of those who were present did vote that the inhabitants of Mistick & Paucatuck should bee a Towne of themselues ; and that hee opposed the putting it to ^'ote, and that hee voted against it himselfe. 2G* 294 PUBLIC RECORDS Nic: Sension is made a freeman. There being a most horrid mm'der committed by some In- dians at Farmington, and though Mesapano seemes to bee the principall acter, yet the accessories are not yet clearely dis- coui'ed, and none brought to a legall triall, It is ordered, that Tekomas, Agedowsick & Wonanntownagun ahas Great James, should bee kept as pledges in the prizon till the murtherers & accessaries are brought forth to due triall & judgm* ; only the Court orders that when Tekomas his 2^ sonne shall be deliuered up as a pledge in his Fathers stead, then Tekomas shall be free. Also the Court orders, that all the estate of Wepaqum in the ha^ids of Mr. Newton, shall bee sequestred for the Countreys security, till the murtherer & accessaries are deliuered vp to the justice of this Court. Instructions to those who are to goe to Norwootuck & Pa- cumtuck ; that they shall acquaint the Sachem and chiefe there w^^ the horrible bloody act that is lately done at Farming- ton, and tell them that wee expect that they and all or any other Indians whatsoeuer shall forthw^h send Mashupanan or any other that are accessary to that bloody act, either w^^ these o"^ messengrs or so soone as hee or any other accessary thereto bee p'cured by them, & tell them that wee shall looke at them or any other that detaine Mashupanan or any that are accessarie in this act, as our enimyes. The persons the Court appoynts w^h all speed to attend this seruice are Jonathan Gilbert & John Gilbert from Hartford, & the Deputies in Windzor are desired to prouide an able man to joyne w^^ them herein. It is ordered, that it shall not bee lawfull for aboue two In- dians at a time, & they without any armes, to come into any To\yne or house in this Jurisdict: till the Court shall take fur- ther order. This Court also desires that the inhabitants of Farmington would vse their best indeauo^s to search out, app^hend & bring before the Gouernoi', either Mesupano, Cherry, or any other that may iustly bee suspected to bee guilty of & accessary to the aforesaid bloody fact. [79] Nathan Gold is approued by this Court to bee put to OF CONNECTICUl'. 295 election at the next Gen" Court of Election, for to bee a Magis- trate in this Jurisdict: for the yeare ensuing. The Commission of Major John Mason, of Seabrooke, sent from seui'all Magistrates & Deputies, as a Committee ap- pointed by the last Gen: Court, to attend any cause or exi- gent that might accrew w^^ concernes this Comon- wealth, but especially concerning the Indians, before the next Genii Court of Election. May 15th, 57. Whereas the aforesaid Committee haue re- ceiued credible information of seuerall insolent iniuries & insuf- ferable outrages coiTiitted against the inhabitants of South Hampton, by some Indians vppon Long Hand neare to the said South Hampton, but such as owne the Montacutt Sachem as their Sachem or chiefe, they doe therfore hereby send you (as their Agent, in the behalfe of this Collor:|y,) w^^ 19 men vnder yo'' comand, to South Hampton vpon Long Island, where you are to consider of all matters & things whatsoeuer that may ap- peare necessary to bee considered and 4ttended, according to yo"" ensuing instructions, & you are to certify vppon all occa- sions what shall bee the result & issue of yo^ negotiations, in refference to the pi'mises. Instructions for Major John Mason, of Seabrooke, sent w^i^ Commission from the Committee appointed by the Gen: Court of Connecticutt, Aprill, 1057. You are w^h all convenient speed to saile w^i^ yo"" men to South Hampton, where you may meet w^h the Magistrates there belonging to this Collony, taking in Leiften* Bull, w^^ such assistants there in counsell as they & you shall agree vpon, who are to consider & attend what shall bee presented in ref- erence to the p^'mises, according to the ensuing instructions : — You are to get clearly interpreted to the Montacutt Sachem the declaration of the Commission''^, w^^ Mr. Ogden will shew you, in the transcript hee hath from hence, & a coppy left w^h them : 1. You are to inquire & search out what is the iniury there done & when. 2. You are to inquire & search out by whom such injury is done, &, the true vallew of the dammage. 296 PUBLIC RECORDS 3. If you finde it or any part of it to bee done by the Indians or any of them vnder the Montacutt Sachem, then you are to finde out so farre as you can, by what or how many Indians such injury is done, either as agents or accessaryes. 4. You are to require of the Montacutt Sachem such dam- age as you shall find done by any Indian or Indians vnder him, or otherwise the iniurious agents & accessaries, according to law & the articles of agreem* betwene him & vs. 5. If hee declares himselfe vn willing to attend this, so farre as hee is able, you are speedily to informe thereof. [80] 6. If hee declares himselfe willing to attend it, but pleades his inability to effect il, and therefore desires the assistance of the English, you are (w^^ what men shall bee thought meet) to assist him & his men to go to the plantation of Indians vnder him, that haue committed this outrage, of whom it is expected by this Collony that hee should before you require satisfaction for the damage done, which if denyed or delayed, then that hee demands of them the agents and accessaries, (w^h you or hee shall find out,) to the aforesaid injury, that they are by them speedily deliuered vp to yCselfe & the Magistrates in that Towne ; if attained, you are to leaue them w^h those that are injured, for their satisfaction, according to the act of the Com- ission''s. If peremptorily denyed, you are speedily to informe the next Gen: Court, Gouernof or Magistrates of the same, ex- cept the strength w^^ you &. there can compell them. If de- layed, then if you see they will come to any termes that will be for the hono"" of the English and the sattisfaction of the injured persons, they may agree w^h them as they can, any thing herein to the contrary notw^f^standing. 7. You are to take charge of the aforesaid men sent you w^h their prouision & ainunition, as also all other that you shall see meet to raise there to the furtherance of this worke, who are injoyned to bee vnder yo"" command at all times & in all things, both for assisting o^ freinds there in their iust defence, by watch- ing, warding, or otherwise, as you & those in counsell w^^ you shall iudge the case doth require. 8. Wee doe not iudge it convenient that you should in yo'' owne person make after any Indians in the woods, where you can find or come at them. / OF CONNECTICUT 297 Lastly, if you cannot attend this seruice, then Leiften* Tho: Bull is to attend it, &. is invested w^^ all the power heereby com- mitted to you. At a Generall Court of Election, 21 ^^ of May, 1657. Magistrates elect : John Winthrop Esq^, Gouern"". Tho: Wells Esq--, Deputy. John Webster Esqr, Magist: Mr. Tailcott, Mag: Major Jno Mason, Magist: ■ Mr. Nathan Gold, Mag: Mr. CuUick, Magist ^ Secrf. Mr. Gosmore, Mag: Mr. Clarke, Magist: Mr. Ogden, Magist: Mr. Willis, Mag: Deputies : Mr. Steele, Mr. Phelps, Mr. Gailard, Mr. Trott, Mr. Robbins, Mr. Brewster, John Deiiiing, Math: Camfield, James Morgan, John Wells, Rich: Butler. Were made free before the Court, those whose names are underwritten : Tho: Hubbard, Rich: Seager, Will: Filly, Nath: Seely, John Denslow, Sam: Cheesbrook, Sam: Bissell, Will Hought, Jonath: Gillet, Juni"", Tho: Adgate, James Eglstone, Francis Grizwald, Thomas Huntington, John Norton, Ambroze Fowler, William Goodwin, John Graues, Robert Lay, [81] Sam: Rockwell, Joseph Bird," Sam: Gibbes, Rich: Wakely, Edw: Andrewes, Andrew Sanford, Begatt Eglstone, Sam: Church, Tho: Burnham, John Baily, John Root, Tho: Fitch, John North, Josias Elseworth, Nath: Winchell, Fra: Hall, Symon Lobdell, Geo: Woolcot, John Harrison, Enoch Buck, Josias Arnold, John Cole, John Butler, Sam: Moody, Robert Warner, Willi: Cheeny, Willi: Warde, John Gilbert, Michael Omphries, James Treat, John Deining Junior, Nath: Graues, Mathias Treat, John Palmer, Jonath: Smith, Sam: Belding, Henry Palmer, Tho: Dickerson, Mr. Sam: Wells. 298 PUBLIC RECORDS Willi: Ventris, John Belding, Robert Foot, Nalh: Woodroof, Joseph Smith, Joseph Dickerson. . James Bird, Sam: Wright, This Court doth approue of the place for a farme for Mr. Haines, at Paucatuck, w^h Edward Stebbin & John White haue loocked out for him, about a myle & halfe beyond Pauca- tuck Riuer, as is expressed in an order, March, '53-' 54, & for quantity according to Mr. Haines his grant at a Court, June, '52. This Court doth appoint John Bissell to keepe the Ferry for one yeare, — at his old house. Thomas Curtis is freed from training, watching & warding. Jasper Gunn is freed from training, watching & warding, during his practise of phissicke. This Court orders, that this clause shall bee added to the for- mer order concerning Leather, That no Leather shall bee sold or offered to bee sold before it bee sealed in the Towne where it is tanned, & in case it bee found defectiue, the sealers haue power to fine it or seize it. And in case the owners of such Leather submit not to the iudgment of the sealers, they shall choose 3 or 4 able men as a Jury, who shall iudge of the case, whether it shall bee forfeited or fined & how much, — w^h fines or forfeitures shall bee disposed of as in the former order con- cerning Leather. And that no raw hides shall be transported out of this CoUony, vpon the forfeiture of all such hides. This Court doth approue of the Commission & Instructions wch the Comittee sent w^^ Major John Mason to Long Island. [82] Mo7-e acts of this Court, May, '57. The testimony of G: Boon vpon oath, that hee heard it ex- pressed by those that heard it expressed by those that spake in the behalfe of Fairfeild at a Gen^ Court, that they did not desire the land aboue the path at the Necke. Mr. Brewster is chosen an Assistant for the Towne of Pe- quett, for the yeare ensuing. The Court desires Capt. Cullick to write a letter to Mr. Win- throp, as speedily as may bee, to acquaint him to what place thet^ountry hath chosen him, & to desire his p^sent assistance as much as may bee. appointed L. sealers for Fairfeild. OF CONNECTICUT. 299 John Nott, John Cilburne & John Betts & John Dickerson are confirmed to bee Serjeants at Wethersfeild. Good: Groues Good: Fairchild Walter Gailard is appointed Leather sealer at Windzor, in- stead of old Oldrige. This Court doth confirme Mr. Gold to bee Leiften^ Nehe: Olmsteed & Rob* Loockuet to bee Serjeants at Fairfeild. Mr. Deputy & the Magistrates, together wth Mr. Allin, Mr. Steele, Mr. Phelps, G: Migat, Willi: Wadsworth, and Mr. Hol- lister, are chosen as a Comittee to attend any occasions as the State of Comon wealth in reference to the Indians. The Court is adjourned vnto the second Thursday in August, except the Magistrates see cause to call it sooner. Major Mason & Mr. Talcott are chosen Commission''^ for the yeare insuing. Mr. Steele & Good: Mygatt are appointed by this Court, to demand satisfaction of the Indians at Farmington for such dam- age w^^^ can bee duely proued to bee done by the late fyering a house, w^h was by one of that plantation, as also to acquaint them that the Courts mind is that they should nominate some one to bee a Sachem ouer them, and to make returne hereof at the next Sessions of this Court. The Courte orders that the chiefe millitary officer of Middle- towne, w^'i Geo: Graues, shall haue power to iudge of the de- fects in traynings, watchings & armes. [83] Mr. Clarke & John Allin are desired to p^sent a list of the names of them that desire to bee troopers, at the next ses- sion of this Court, w^'^ said Court is to approue of whom they see meet, there being to bee added to the former preuiledges, that if any troupers horse, being called forth by authority, bee killd in warre, the country shall pay for him ; w^h troup of horse, as well as the foot companies, are to bee vnder o^ Majors command. Capt. Denison doth acknowledge in this Court that hee wronged Mr. Blinman & missied his rule, & that hee spake cor- ruptly in saying that Mr. Blinman did preach for Paucatuck & Mistick being a Towne before hee sold his land at Mistick a& aforesaid. 300 PUBLIC RECORDS This Court doth order, that that the inhabitants of Mistick & Paucatuck shall pay to Mr. Blinman, that w^h was due to him for the last yeare, soil : to March last. Mr. Winthrop, Major Mason, Capt. Cullick, Mr. Tallcott & Mr. Allin are chosen to bee a Committee to meet at Pequett to issue matters betwene the inhabitants of Mistick & Paucatuck, & Pequett, if they can, or else to make a returne how they leaue things, at the next Generall Court. This Court doth declare that any Assistant, either at Strat- ford, Fairfeild or Norwake, his power doth extend to any of those three plantations. And order that Good: Camfeild, who is chosen for an Assistant for Norwake, shall giue the oath of freedome & of a Magistrate, to Ensigne Gold. Math: Camfeild is sworne an Assistant for the yeare ensuing according to the extent of his Comission. A Session of the Gen: Court in Hartford, 12^'^ August, 1657. Tho: Wells Esq^ Deputy. Magistrates: Major Jno. Mason, Capt. Cullick, Mr. Clarke, Mr. Willis, Mr. Tailcoat. Deputies : Mr. Steele, Mr. Phelps, Mr. Trott, Mr. Gailor, Mr. Allin, Mr. Robbins, Mr. Dan: Clarke, Mr. Brewster, Mr. Lord, Wm. Wadsworth, Joseph Migatt, John Clarke, Robert Chapman, James Morgan, Rich: Buttler. James Morgan, aged about 50 years, testifyed vpon oath be- fore this Court that hee being last winter at Jacob Waterhouse his dwelling house, in company w^h Mrs. Brewster, Goody Wa- terhouse & Capt. Denison, Thomas Staunton also being p^sent, hee heard the said Staunton say that the Comissionrs had cast of Vncus, & hee had it in his pockett to shew. This Court orders & appoints that Leiftent Wm. Lewis should to morrow goe to Gilford, & if vpon inquiry there hee vnder- stand that Thomas Staunton is gone to Branford & not return- ed, hee is to goe to Mr. Leet & desire hee would take order that Thomas Staunton, in that Jurisdiction, at Branford or elswhere, shall bee forthwth sent to Mr. Wells, Deputy Gou- erno'', or else take security for 40/. that hee will appeare before OF CONNECTICUT. 301 the Gen: Court at Hartford, on Tuesday next, & abide the iud^mt of the Court, in reference to such things as shall bee testify*^ against him by Major John Mason. [84] Copia. You are to bring or cause Thomas Staunton to bee brought before the Gen: Court in Hartford, on Tuesday next, then & there to answere vnto such things as shall bee alieadged against him by Major John Mason & for so doeing this shall bee yC war^ By order of the Gen: Court in Hartford, J: C: Sec^y. To Leiften* Wm. Lewis. /This Court duely & seriously considering what euidence hath bene p^sented to them by Robert Wade, of Seabrooke, in reference to his wiues vnworthy, sinfull, yea, unnaturall cariage towards him the said Robert, her husband, notw^'^standing his constant & comendable care & indeauo''s to gaine fellowship w*'' her in the bond of marriage, and that either where shee is in England, or for her to Hue w^^ him here in New England; all wch being slighted & rejected by her, disownhig him & fel- lowship wth him in that sollemne couenant of God betwene them, & all this for neare fifteene yeares ; They doe hereby de- clare that Robert Wade is from this time free from Joane Wade, his late wile & that former Couenant of marriage betwene them; This Court orders, that Mr. Winthrop, being chosen Gou^no' of this Collony, shall bee againe desired to come & Hue in Hartford, w^^ his family, while hee gou^nes, they grant him the yearly vse or profits of the housing & lands in Hartford belong- ing to Mr. John Haynes, w^h shall be yearly discharged out of the publicke Treasury. Major Mason, Mr. Talcott, John Cullick & Mr. WiUis are desired to take the first oportunity to treat w''* Mr. Winthrop for that end. The Court adjourned to Tuesday next, 9 a clocke. The Narration of Major John Mason, pi'sented to the Courte, about the Narragansetts beleaguering of Vncus, at Niantick, is by this Court accepted, thankfullnesse acknowledged, & order the same to bee recorded on the back-side of the said Narra- tion. 27 302 PUBLIC RECORDS This Court ordered the Seer' to write to the Comissionra in refference to Thomas Staunton, w^h letter was read & approued, & the Sec^ ordered to send the same.* This Court orders that Mr. Brewster shall haue power to put 4 or 5 men into the fort, who shall continue there 2 or 3 dayes for his defence against the Naragansets, & after that bee so in readinesse that if Vncus bee againe assaulted by the Naragan- sets, they w^^ 10 or 20 more, prouided by Mr. Brewster, shall beare full wittnesse against the Narragansets carriages, till Vncus his returne home from the Comissionrs, & that speedy notice or intelligence shall bee giuen to the Deputy Gou^'no^ (if any fresh assault should happen,) or to the Comissionrs. [85] Mr. Tailcoat is desired to write to the Norwuttuck &; Pocomtuck Indians to informe them of the time of the meeting of the Comission^'s & that if any of them haue ought against Vncus, his purpose & resolution is to bee there to answere them, or any others. A true coppy of the Counsells answere to seuerall questions sent to the Massachusets from o' Generall Court, being p^sent- ed to this Court, signed by the Reuerend Mr. Sam: Stone, in the name of the rest of the Counsell, They doe order that coppies should goe forth to the seu'"all Churches in this Collony as speedily, "ticuler training dayes, that are by order and custome to be attended for this latter part of the year, in the Plantations yt doe assemble at the General meeting, are remitted, and are to issue in the General Muster w^h is to be attended for two dayes space. And its also required, that noe souldier that attends the service aforesayd shal deminish any of that prportion of powder that y^ Order of the Countrey impo- seth on him for his store. OF CONNECTICUT. 323 This Court Orders, vpon the request of Mr. Allyn, that the case respecting [him] and Mrs. Alcot shalbe attended in the Court in October, and that sumons shalbe granted by the Sec- retary, for yt purpose. On Wednesday, the 8*^ of September, is appoynted a solemne humihation, in al the Plantations in this Collony, to implore the fauour of God towards his people, in regard of the intemperate season, thin harvest, sore visitation by sicknes in several Plan- tations, and the sad prolonged differences yt yet remaine vnre- conciled in Ch^ : and Plantations ; and that God would succeed such meanes as are appoynted to be attended for the healing of the foresayd differences. Mr. Mathew Allyn is appoynted by the Court, to stand as a Cornittee w'^ Mr. Henry Clark, of Windsor, to act in the dis- posing of lands at Mussawco, according to former order of Court. At a Session of the Gen': Court at Hartf: Octob"" 7, 1658. Thomas Wells Esq^ Gou^. Magestrates: Mr. Webster, Maior Mason, Mr. Willis, Mr. Tailcot, Mr. Phelps, Mr. Treat, Mr. Allyn, Secretary ; Daniel Clark. Deputies: Mr. Steel, Capt. Lord, Deaco Gaylard, Will: Wadsworth, Joseph Migat, Rich: Butler, John Bissel Sen"", Edw: Griswold, Lieu*^ HoUister, Mr. Sam: Wells, Jo: Demant, Sam'' Boreman, Mr. Brewster, Goodm: Morgan, Mr. Ward, Mr. Hill, Thom: Fairchild, Joseph Judson, Nath: Richards, Waif Hoyt, Goodm: Judd, Rob': Webster, Georg Graues, Jo: Clark, Rob* Chapman. It is ordered by this Court, yt al the receipts respecting the several rates payd for the purchase of y«> Riuer, pi'sented vnto the Court, shalbe recorded by the Secretary into ye Countrey's booke of Records. Vpon the motion of Mr. Ward, respecting the estates of pi'sons deceased, at Fairfeild, This Court doth appoynt Mr. Ward, Mr. Hill, with the Towni smen of Fairefeild, to assist Mr. John Wells and Assistant Campfeild in proueing Wills and takeing in Inventories, and distributeing estates of p''sons y* 324 PUBLICRECORDS , dyed intestate, and to appoynt administrators; and in case any are vnsatisfied w^h their determinations lierin, they haue Hberty to make their address to y*^ next Session of this Court, This ord"" respects Stratford, Fairfeild and Norwalke. The Hst of the Persons and Estates w^hin this Jurisdiction, p^sented to this Court: — £ Hartford, Persons, 187. Estat, 20547. [103] Windsor, Persons, 160. Estat, 16209. Wethersfeild, P'sons & Estate, 12397. Fairfeild, P^sons & Estate, 10509. 135. Stratford, P^sons & Estates, 8646. Norwalk, P^sons & Estate, 3297. Middle Towne, P^sons & Estate, 2326. Farmington, Pi^sons & Estate, 5761. New London, Pi^sons & Estates, 5793. 4s. This Court graunts a Rate of a penny pi" pound to be levied vppon the estate of this Collony. This Court haueing considered the former ord"" about Qua- kers and such like Heretiques, doe now see cause to leaue it vnto y^ discretion of the Magestrates or Assistants, within this Jurisdiction, where any such p^sons shalbe found fomenting their wicked Tenets and shalbe legally convicted to be dis- turbeing to y^ publique peace, to punish the sayd Heretiques by fine or banishment or corporeal punishm* as they iudge meete. And the same to be inflicted vppon any p^son or pi^sons that shalbe instrumental to bring any such p^sons, viz: Heretiques, by sea or land, into any Plantation in this Collony, P^vided the fine for a pniculer default exceed not the sum of ten pounds. It is ordered by this Court, that in case there fal out any sud- den exigent, in any Plantation in this Collony, by assault of In- dians or any other Enemy, to y^ disturbance and hazzard of the Publique weale, that then it shalbe in the power of the p^sent Milletary officers belonging to y^ place soe disturbed, to require and cal forth the souldiers that are belonging to their comand in yt place, to marshal them and order and dispose them as need and p^sent occasions shall require to defend the place assaulted and to quit the enemy ; and in case need re- quire, to assist a neighbour Plantation in any extremity as , OFCONNECTICUT. 325 aforesayd, that then the miletary officers shal advise w^h such Magestrate or Magestrates or Assistants as may conveniently be obteined, what way to act for releif of their neighbouring freinds. And this course to be attended vpon all such occa- sions vntil the Court shal take further order. This Court is adiourned vntil the next Wednesday aff the p^ticuler Court in March. The Magestrates appoynted the first Wednesday in Nouemb"" a publique Thanksgiueing, for England's late victories and pi'servation, and for the mercy of God to vs, in o"" continued peace and the abatement of the sore sicknes wherewith many Plantations were visited in this and other Collonies. [104] The several Receipts respecting the paym^s for y^ PURCHASE OF SeABROOK FoRT ETC. 1647 I doe acknowledge hereby to haue receaued of the Windsor. Constables of Windsor, for y^ year 1647, vpon the composition w^h Mr. Fenwick, the sum of thirty s;eauen pounds fine shilling and seauen penc, I say reed, for y^ vse aforesayd, 37/. 5s. Id. 04. 19. 6. 6th Feb: 1647. 42. 5. 1. Ed: Hopkins. Rec^ more, of Aaron Cook, 0. 17. 0. Jno. Bissel, 1. 00. 0. \\\ Bushis wheat, 2. 06. 0. 4"Bush: pease, 0. 12. 0. Jno. Tinkrs Farm, 0. 04. 6. 4. 19. 6. 4. 19. 6. 37. 5. 7. 42. 5. 1. 3*1 March, 1655. 1655 Receiued of Bartholomew Bernard and Will' Par- Hartford, trigge, Constables for y" Towne of Hartford, in ye yeare (55) the sume of Sixty pounds hue shil- lings, for y^ vse of George Fenwick Esq^, vpon ye Agreem* about ye Fort at Seabrook, I say rec^ the day and yeare aboue- 29 326 PUBLICRECORDS , said, in part of what is payable to him by the Townes vpon the Riuer for y® yeare past, 60/. 05s. 00c?. John CuUick. 1654 Rec"serva- tion of ye estate for ye legatees. This Court haueing considered the petition of Goodman Jack- son, doe accept of his request and are willinge to allowe thiis OF CONNECTICUT. 349 libertie, that provided there be 15/. fine paid to y^ pubHque treasury by the transgressour, then the formf sentence adiudg- ing corporall punishm* vpon y^ deUnq^ shalbe revoked, but if this fine be not embraced and accepted of, then the corporall punishmt is speedily to be inflicted, according to y^ appointm* of ye Magestrates. It is ordered by this Court, that neith"" Indian nor negar serves shalbe required to traine, w^atch or ward, in this Collo: In consideration of much inconvenience that appeares to acrew to many in this Collo: by virtue of former orders that in ^point of execution haue not attayned their end in satisfying creditors in a sutable way, according to ye nature of contracts or bargaines, men conveighing away the kind of pay that many times is preingaged, It is therfore ordered, that it shalbe law- full for such creditors as haue debts oweing to them in corne or any other spetial pay (vpon ye refusal of pay in kind, when it is due and demaunded,) to take out an attachm^ and lay it (if it can be found out) vpon such estate as is engaged by the debf, or other estate y* may be found such as ye creditor liketh, pro- vided it be not prohibited by law, and secure the said estate at- tached, to a triall at ye next Court appointed for yt end. And whateuer estate thus attached vpon a trial and iudgm* of y® Court comes to be apprized, the said Court yt issues the case [127] shall II appoint those y* shall prize the estate, the valua- tion whereof shalbe regulated accordinge to ye worth and na- ture of ye pay contracted for. The price of Sheep, in ye list of Rates, shal for future be valu- ed at 155. p"" sheep, vntil the Court further advise on it. This Court orders that ye Grand Jury hereafter mentioned shal inquire and consid"" of ye misdeameanors and breaches of the orders of this Collo: in ye several Townes, and make p''sent- ment thereof at ye p^ticuler Court in Octobr next, and likewise at ye prticuler Court in May, (61.) The Grand Jury is as fol- loweth ; For Hartford, Will'" Wadsworth, Richard Butler ; Windsor, Mr. Henry Woolcot, Josias Hull ; Wethersfield, John Deming, Sam^i Boreman ; Farm:, Anthony Howkins ; JMiddle T:, John Hall; Sea Brook, Rob' Chapman ; N. London, John Smith ; Stratfi'd, Goodm: Groues ; Fairfield, Jehu Burr ; Nor- walk, Richard Olmsted. 31 350 PUBLIC RECORDS It is ordered, that al defects in Armes or neglects in traine- ing, watch, etc. shalbe determined by any one Magestrate or Assistant, where such are inhabiting ; and by two of them y^ order the prudentials of ye Towne where is neither Magestrate nor Assistant ; and that those who determine the case shall haue power to issue forth order to ye Clarke of ye band to levy the fine imposed. This order to take place notw^^standing former orders. This Court frees the Assistants and ye Deputies chosen to attend ye severall General Courts, while they stand Deputies, from traineing, watching and wardeing. a Its ordered, that ye Grand Jury men shal repaire speedily to some Magestrate or Assistant to be sworne to ye seasonable and effectual execution and attendanc on their worke. Its ordered by this Court, that noe Towne in this Collo: shal suffer any Indians to dwel w^Hn a quarter of a mile of it, nor shal any strange Indians be entertained in any Towne, vpon penalty of 40s. a month, to be paid to ye publique treasurie by each Plantat» which shalbe found transgressours herein. This order to take place and be of force, in ye begin: of July next. [128] This Court doth order, that noe man or woman within this Coll: who hath a wife or husband in forraigne parts, shal Hue here aboue two years, vpon penalty of 40s. pr month vpon every such offendor ; and any that haue bene aboue 3 years already, not to remaine within this Coll: aboue one yeare longer, vpon the same penalty, except they haue liberty from ye Gen: Court. This Court obserueing an omission or neglect of a former order respecting the Inventorying the estates of Edw: Hopkins and Geo: Fenwick Esq'^'^ doe now further order, that the select men of every towne (where any estate that either is, or hath bin, since the decease of these Gent:, reputed or accord part of that estate y* is disposed by them or either of them,) shal make diligent inquiry in their respectiue Plantations to find out the said estates according to a true value and to inventorie the said estate and to make pi^sentment thereof at ye prticuler Court in Septbr next. And all and every person in each Plantafi, as before, is hereby required to give in a just acco' to their select men, of all the estate that either is, or hath bin in their possession OF CONNECTICUT. 351 or improuem'^ since y^ decease of y^ aforesaid Gent:. And who- euer is knowne to conceale any of the said estates, or not to giue in a true acco* as before required, or if any select men doe neg- lect to attend this order, he or they shal pay vnto y^ publ: Treasurie, 5/. for every such default. This Court orders, that if any Indians shal bring in Guns into any of the Townes in this Coll: It shalbe lawful for any one of ye English to seize on their guns, and to keep them vntil there be 105. a piece brought to redeem each gun, w<=h shalbe devided, one half to y^ Treasurie, the other half to y^ seazer. Mr. Willis and Goodman Migat and Anthony Howkins are desired and appointed to take in the consideration of y^ loss of Lt Lewis and Francis Browne, and according as they iudge requisite to make destribution to both parties of that w^h ye Indians haue engaged to pay yearly to make vp their loss by fire, vntil ye whole sum be paid in by ye Indians. There is liberty graunted that Fairfield, Stratford and Nor- [129] walke shal gather out of their said Townes || a small Troop of Horse, with two meet officers added to exercise them of their owne choseing, and the Troopers to be such as are ap- proued by Mr. Gould and Mr. Fairchild and Mr. Campfield and the officers to be app^ued by the Generall Court. And for pro- portion they are to take seaven out of Stratford, 7 out of Fair- field and 4 out of Norwalke. This Court orders y' none shalbe receaued as Inhabitant into any Towne in the Collony but such as are knowne to be of an honest conversation, and accepted by a maior part of the Towne. It is alsoe ordered, that noe Inhabitant shall haue power to make sale of his accomodate of house and lands vntil he haue first propounded the sale thereof to ye Towne where it is situ- ate, and they refuse to accept of ye sale tendred. This Court confirmes Rob* Chapman for an Assistant at Sea Brooke. This Court, for many good considerations, doe see cause to allow o"" Worfi (Jouerno'' 80/. for this yeare ensueing. This Court doth confirme and establish ye Act of the Comit- tee at Stratford about Arthur Bostocks estate. This Court haueing intelligence yt Jasper Clemens being in 352 PUBLIC RECORDS a probable way to enter into the estate of marriage, and con- fessing that he had a wife in England, and noth: doth appeare to evidenc that she is dead, It is therfore ordered, that the said Jasper and Ellin Browne shalbe forthwith seperated, vntil such evidence be procured that may clearly demonstrate that the couen* of marriage be dissolued twixt y^ said Clemens and his former wife. And the Townsmen of MiddleTowne are re- quired to put this order forthwith in execution. This Court doth desire and appoint Mr. Gould, Mr. Camp- field and Mr. Hill and Mr. Knowles, to issue the busines at Stratford, and alsoe respect: Goodman Rescues horse, y* he sold. In reference to the appeale of Mr. Varleet, this Court doth [130] order that Mr. Wells shal returne 1| to Mr. Varleet the one halfe of what he hath receaued, by virtue of execution, from Mr. Varleet. Its ordered that Mr. Varleet shal pay 40s. to y*' Treasurie towards this Courts charges on the Triall. Execu- tion dTd the 29 June, '60. , In answer to ye Petition from N. London, this Court haueing considered the perticulers in it, doe order for ye p^sent, that there should be an Assistant and 3 Com^s in that Towne, who shal haue ful power to issue small causes, and ye punishing smal crimes and offences according to law, provided the cases of debts and fines doe not amount the sum of 21. And the Assist- ants peculiar power is noe waies hereby infringed. It is further granted thaty^ Dep: Gouernof & Math: Griswold shal lend vnto N. London two great Guns, from SeaBrooke, w*^ shot such as yy judge may be convenient to be let goe from thence. And if they iudge that N. London be capable to secure themselues and the Guns by being thus furnished, they are impowred to lend the Guns vntil the Court see cause to recall them. Mr. John Tinker is chosen Assistant for N. London, and for Coma's, Mr. Bruen, James Rogers, John Smith, for y® yeare ensueing. Stebbins, the Constable of N. London, hath liberty of re- veiwing his action yt G: Tong commenct ag^t him, at y^ next Court held at N, London, and y^ Wors^i Deputy is desired to OF CONNECTICUT. 353 assist in keeping a Court for yt end at N. Lond: and for other occasions as may pf'sent themselues. This Court doth appoint Mr. Gould, Mr. Hill, Mr. Knowles, to hear and determine y^ difference twixt Norwalk Inhabit^s and ye Indians there. This Court doth order, that noe person in Hartford, except Jer: Adams, shal sell wine vudr a quarf cask, nor liquors ynd"" an Ankor. Robt Lay is desired to take care of any of the estate of Mr. Fenwicks y* is subiect to loss or damadge, and to improue it, and be ready to render account of the same, when cald thervnto. This Court haueing heard some orders p^sented by Sea Brook Deputies respect: their Townes, doe approue of them in reference to yt Towne, and doe grant liberty of a summons to fetch vp several to y^ Court y' haue transgressed those ord^s. [1«S1] This Court, in consideration of the several affronts of the Indians, and hostile attempts and abuses offred to c English subiects, doe order, that the Secretary, in y" name of the Court, shall write to y® Com''^ of the severall Coll: to craue their ad- vice, whether it may not concur with their good likeing that we send forth not only to inquire after those Indians, but haue- ing intelligence who they are, to improue some prudent meanes and effectual, speedily to fetch in such Indians to receaue con- dign punishmS and to intreat a returne to o^" Worshipfull Gou- erno"", to y® p''misses.* Mr. Bray Rosseter for and in consideration of his paines, in comeing to and attending Mr. Talcot in his sicknes, is allowed fiue pounds, to be paid out of y^ pub: Treasury. Session of y^ Gen: Court. Octo: 4 : 1660. Hartford. Jo: Winthrop Esq*"", Go: Magestrates: Mr. Willis, Mr. Clark, Mr. Allyn, Mr. Phelps, Mr. Treat. Secfy, Dani': Clark. Dep: Capt Rich: Lord, Mr. Gailard, Capt, Tailcot, Mr. Henry Woolcot, Wm. Wadsworth, Joseph Migat, Edw: * See Appendix, No. VIII. 31* 354 PUBLIC RECORDS Griswold, John Deming, Sam: Boreman, Wm. Gutridge, Jo: Kilburne, Rob* Chapman, Antho: Howkins, Phillip Groues, Sam: Sherman, Cornelius Hull, Jehu Burr, Jo: Tinker, James Avery, Rich: Olmstead, Sam^i Hales, Robert Warner, William Cheny. This Court vnderstanding the great abuse of y* liberty y*^ hath bin allowed of selling Cider to y^ Indians, by virtue of former order. Doe now order the repealing of y* order any way tollerating that trade, and doe further decree, that what p^son soeuer in this Collony shal hereafter sel, barter or giue any Cider to Indian or Indians, he or she shal forfeit vnto y^ Pub: Treasury, twenty shillings p"^ pinte, and p«"portionably for other quantities, a third part whereof shalbe to him y* discouers y« offence. Severall members of this Collony p^senting their desires vnto this Court of setling a Plantation at 30 Miles Island, in consid- eration thereof, this Court doe order a Comittee to veiw the place, and to dispose of it as may be most sutable for to atteine the end and purpose abouesaid. The names of y^ Committee : For Hartford, Mr. WiUis, William Wadsworth ; Windsor, Mr. Allyn, Edw: Griswold ; Wethersfield, Mr. Treat Sen"", Sam^^ Boreman ; Farmingto, John Hart. What right appeares that y^ Indians haue there, it is left to ye Comittee to ord"" y^ purchase thereof Eltweed Pomrey hath engaged in Court to rest satisfied with what consideration y^ Court shall allow him, in reference to his mare y* was kild. [132] This Court, haueing heard and considered the case de- pending twixt Willm Parker and W™ Waller, about Wallers deteineing a mare and her increase, doe declare this as their sentence, that each party shal beare their own charges about this case; and this to be a finall issue o^ that matter. And do© further order-the Secretary to send downe summons to Reynold Marvin Sen^ to appear at the Perticuler Court in March next, to answer both for loosing the mare into ye woods, and likewise for disposeing of any of those horses w^i ye Court had ordered to be marked for ye Countrey, and likewise to prohibit him for medling any more with those horses. OP CONNECTICUT. ~ 355 This Court haueing ynd^stood that there is an estate lying in N. London, the owner or agent whereof is lately drowned, doe order the Secretary to send downe order to Mr. John Tinker and James Rogers to inventory the said goods, and to secure y^ estate, and in case any of it be of a pi'ishing nature, they are desired to improue it to y^ best advantage, vntil the Principals order appear for further dispose of the said goods, and to be ac- countable for ye same when called therevnto by authority. In answer to Norwalk Petition, This Court orders, that y^ in- habitants there shal attend y^ Law provided as a rule of Rate- ing for ye future. It is ordered, that the Magestrates, at al times, and y^ Depu- ties, when yy are vpon pub: imployment, themselues and their horses, shalbe ferry-free, in all places within this Colony. This Court orders, that it shal not be lawful for any in this CoUony to take away by force or otherwise, without y^ owners consent, vnd"" p^tenc of debt, y^ corne or other estate from any Indian, vnles it be by virtue of order from lawful authority. Whereas Quince Smith complaines of Vncas, that he refuseth to pay a fine imposed on him by y^ Comi's Court at N. London, This Court orders, that ye said fine be required and recovered of Vncas, according to law in such cases. And Mr. Tinker is desired to haue address to ye Worii Deputy Gou^ that by order from him some course may be taken by him in the busines. Wauwequa being in Court, promised to attend Mr. Tinkers pleasure in ye p^misses. This Court haueing considered the petition of Mr. Tho: Wells, respecting Varleet, in answer thervnto, and in explica- [133] tion of a former act, past about y* case, || doe order. That Mr. Varleet shalbe repaid by Mr. Thom^ Wells only the ouerplus that by execution was taken from Varleet, aboue wom- pom at six pi" penny, w^h amounts to 4/. 06s. 08c? ; and Mr. Var- leet is freed from paying the 40s. to ye Treasurer, weh was im- posed on him by former act of ye Court. The Nanogansets are allowed two months longer then ye time agreed on, according to their desires, to bring in ye Worn- pom that yy are assess^^ by ye Com^s to pay to this Jurisdiction. This order repeal'\ the 31 Octo. '60. This Court haueing formerly accepted and manifested their 356 PUBLIC RECORDS acceptance of the access of Jonathan Gilbert, respecting the sequestration and execution served on Goodhearts estate, doe not see cause to alter y^ said act. This to be a final issue of that matter. The Magestrates are desired to heare and determine the case of Thorns Greenhils Will, and to settle a way for payment of debts. Mr. Treat, Mr. Tho. Wells and Sam" Wels and John Ches- ter are appointed to administer vnto y^ estate of Mr. Robins, and to take care to pi'serue it for y^ Relicts. Its ordered by ye Court respecting Mr. Stow of MiddleTown, there appeareing such vnsutablenes in their spirits, that Middle- Town shal haue free liberty to provide for themselues another able, orthodox and pious minister, as soon as they can, who is to be approoued by Mr. Warham, Mr. Stone, Mr. Whiting, takeing in ye help of ye Wor^ Gourn"" and Mr. Willis, w^h being done, Mr. Stow is to lay downe his preaching there. The said Towne glueing Mr. Stow Testimoniall L"^^ such as the Gent: forenamed iudge fit. In ye meane time the Towne to allow Mr. Stow his vsual stipend, he continueing the exercise of his ministrey, as formerly. It is ordered that if any in this Collony shall giue, sell or ex- chang any horse, mare or colt, thereby to conveigh them out of this Jurisdict^i, vnles he first enter the marks both naturall and artificiall, as also the colour and age of ye beast, with ye Recorder of ye Towne where ye beast was taken vp out of ye Comons or kept, he shal forfeit Twenty pounds to ye Pub: Treasury, and ye Recorder is allowed to take sixpence for euery such record or entrey. The Magestrates haueing considered the case of John Bissel, about tradeing liquors to ye Indians, doe adiudge him to pay (for breaking the Law of this Como wealth) 40/.; the w<=h he is to pay in two yeares time, in currant countrey pay to ye Pub: Treasury. Stephen Taylor is allowed 205. for his trouble and expence of time about John Bissels case, to be paid him out of ye Treasury. It is ordered, yt Wednesday, the 24'^ of this instant, be kept OF CONNECTICUT. 357 a Publique Thanksgiueing to God, for his mercy, in our Peace, Plenty, Health and Liberties y* we enioy. [134] It is ordered, that y^ Ferrey at Niantecut shal from henceforth belong to y® Farme of c Hon^d Gouernor Jn" Win- throp Esqf, and, as he shal order, to his Assignes, his Tenants attending the said Ferrey at all times as is necessary, for a reas- onable and iust recompenc. Magestrates and y^ Deputies of y« Court, ferrey-free, according to order. It is ordered, y* the Comittee formerly chosen to treat with Capt Cullick, now haueing ripened their treaty to an issue, are impowered by this Court to prfect writings, and what is requi- site to be confirmed and signed by y" Court, the Worship^i Gouerno'' is authorized to act in ye name of the Court, and to fixe ye scale of y^ Collony thervnto and to deliver the writings to Cap' Cullick, and to receaue in behalf of y^ Court those wri- tings yt Capt John Cullick is to deliver vnto this Court.* The restraint formerly laid on ye estate of George Fenwick Esq"" is now taken of, and free possession and povi^er of admin- istration granted vnto Cap' Jn^ Cullick to ye said estate, in behalf of ye Legatees. The List of ye Estates p^sented to this Court are, — Windsor Estate and p^sons, 16274.00 SeaBrook, 05724.00 Hartford, 19512.10 Farmington, 06109.00 Wethersfield, 12399.00 Stratford, 08110.00 Middle Town, 02398.00 Norwalk, 03587.00 The Plantats of Stratford, Fairfield and Norwalk, haueing failed in transmitting ye List of ye Estates of their Townes ac- cording to order, This Court orders the Treasurer to pursue the said order, and to summon ye prsons delinquent to ye Quar- ter Court in March next, to answer for their transgression herin. Mr. Willis and Capt Lord are appointed to audit ye Treasur- ers accot for ye year past. The Treasurer and William Wadsworth are appointed to take in Jeremiah Addams his acco'. This Court grants a Rate of a penny p"" £. to be levied vpon ye estate of ye Collony for ye yeare past. • These ' writings' for a final adjustment of accounts between the Colony and Capt. Cullick, are recorded on pages 327-329, ante. 358 PUBLIC RECORDS This Court allowes libertie to ye Treasurer to send forth war- rants to ye seaside Plantat^: to gather their Rates, in such sea- son as may p^vent that inconvenience y* vsually falls out in failing of their payment. To prvent future inconvenience and vnnecessary trouble yt may ensue by vnwritten grants, bargaines, sales or morgages, It is ordered by this Court, that from hencforth all grants, bar- gaines, sales or morgages of hous and lands, shalbe in writing and subscribed by the granter with his owne hand or mark, [135] vnto w^h mark his name shalbe annexed, and also sub- scribed by two witnesses at least, w^h their owne hands or markes, vnto W^^ marks their names shal be annexed, & that noe grant, sale, bargain or morgage shalbe of value but such as written and subscribed, as abouesaid. It is also ordered, that the said writing shalbe recorded, according to former order. And whereas, by former order there is libertie granted for one Magestrate to commit to prison w^hout baile. That clause is hereby repealed. And caution giuen in to y^ Recorder shal secure the intrest of y^ Grantee, vntil a legall triall hath passed to a finall issue ; vpon w^h issue according to law, the judgm* of the Court being delivered vnto y^ Recorder, vudc^ the Sec- retaries hand, shalbe his Warr* to record such grant, bargaine, sale &c, tho ye Granter refuse to acknowledge the same. It is also ordered, that a lawful record of any grant, bargaine, sale or morgage, either in y^ Countrey Book, or in y^ Towne Records where y^ House and Land lieth, shalbe of equal value w^h a written deed of any grant : Provided the record (if noe other written deed be made as abouesaid,) be testified and sub- scribed by one witnes at least beside y^ Recorder. Hartford. Session Gen^. March 14. '60. Jo: Winthrop Esq^ Go: Jo: Mason Esq"", Dep: Magestrates: Mr. Clark, Mr. Willis, Mr. Allyn, Mr. Treat. Sec^: Dan" Clarke. Dep : C. Rich: Lord, C. Jo: Talcot, Mr. Gailard, Mr. Hen: Woolcot, Wm. Wadsworth, Jos: Migat, Edw: Griswold, OF CONNECTICUT. 359 Jo: Deming, Sam: Boreman, Wm. Gutndge, Jo: Kilburn, Antho: Howkins, Jo: Tinker, Robert Warner, Wm. Cheny. M". Wm. Thomson, Jo: Cotton and James Rogers were made free at this Court. This Court orders, that ye Heires of Mr. Wells, of Wethers- field, shal set that part of y^ houseing that Mrs. Wells is to enioy for her life time, in p^sent repaire ; and Mrs. Wells is to keep it and to returne it in like repaire. It is ordered by this Court, that L*^ Hollister, Mr. Chester, w^h their fellow Townesmen, shal w^^n one weeks time after the receipt of this ord'', pi'fect the gathering the Rate for Tho: Lord, by destreint or otherwise together w^^ ye Court charges respecting the action of Tho: Lord contra L* Hollister, and for two executions, w^h is thirteen shillings six pence. And in case of neglect of this order, the Secretary is to send out ex- ecution vpon ye parties cast in law at ye p^ticuler Court. The Jurisdiction Power ouer that Land yt Vncus and Waw- equa haue made ouer to Major Mason is by him surrendered to this Colony. Neuertheles for ye laying out of those lands to Farmes or Plantations the Court doth leaue it in ye hands of Major Mason. It is also ordered and provided \\^^ ye consent of Maior Mason, That Vncus & Wawequa and their Indians [136] and successors || shalbe supplied w^'» sufficient planting ground at all times as ye Court sees cause out of y^ Land. And ye Maior doth reserue for himself a competency of Land suffi- cient to make a Farme.* In answer to Mr. Tinkers Petition, it is desired that Maior Mason, Goodman Morgan and Vncus or Wawequa, or some Indian appoined by them, wil veiw the tract of land y' Mr. Tinker desires, or some other meet for him, not p^uiditial to others,' and to make report thereof to ye Court. In referenc to Mr. Rosseters desire respecting Land vpon Stratford Riuer, at Paugusset, the Court approues of his pur- chase, accepts it vnd^ this GouernmS and allowes liberty to purchase one hundred acres more. It is ordered, y* Mr. Tinker, James Rogers and Mathew *The informal nature of this surrender to the Colony of the right which Major Mason (as their agent,) had acquired in the Mohegan lands, gave rise to the celebrated " Mason case," which (for nearly seventy years,) occasioned much trouble and expense to the Colony. 360 PUBLIC RECORDS Griswold shal examine Stebbins acco*^ of N. London, and re- turne their appi'hensions about it to y<^ next Session. Jeremiah Adams did resigne all the power of disposeing y^ estate (left by Thomas Greenhill to Goodwife Adams) into his wiues hands to be wholly at her dispose. It is ordered that in case any Trooper die or remove, where- by his place remaines vacant, it is left to y® Comission officers of ye Troop to accept of such as may be suteable to fill vp the number that y^ Court allowes ; and such as the officers admit, to stand firme, vnles y^ Court, either Gen: or P^ticuler, put a stop to those Troop^'s. John Tinker hath licence to retayle liquors 'distilled by him, vntil Octob"", 1662, and to indeauour to suppress others that shal sell by retaile in ye Towne. In ye appeale of Robert Reeues in ye case twixt him as p* contr John White, this Court finds for ye Defendant. In ye case twixt him as p* contr Wm. Clark, this Court find for ye Defendant, and if there be any land besides the homelot that is expresly bought, such land doth apperteine to John Skin- ners estate. [137] It is ordered by this Court it shalbe in the power of the Treasurer, at al times, as cause requires, to issue forth his war- rant vnto the Constables in ye respectiue Plantations where any Comissioner or select men shal faile in p^fectingand trans- mitting the list of Estates according to order, to destreine and leuy the forfeiture required in ye said order provided in this case. This Court doth impose the fine of 205. vpon the Town of Norwalk, for y^ neglect in transmitting their list according to order at October Court last. Receaued by me John Shepherd, of my loving Vnkel Greg- ory Winterton, Thirty four pounds, w^h he receaued of my Bro: Thomas Greenhill for lands I sold him, for w^^ I made my Vnkel a letter of Attourney, I say receaued by me, Augs*^ 4: 1654. John Shepherd. Transcribed out of ye originall. In answer to Simon Lobdels Petition ; 1. This Court admits not a further hearing of ye case. OF CONNECTICUT. 361 2. Its ordered that ye spatial verdict drawen vp by the P^tic- uler Court, respecting Simons case ag^t Jared and Hannah Spencer, shal stand firme to issue that busines. 3. In referenc to y^ just expences mentioned in y^ verdict. Its ordered that Jared Spencer shal pay vnto Simon Lobdell, Fiue pounds, besides the Ten pounds mentioned in ye verdict. All w^h sum of fifteen pounds shalbe paid in wheat and pease or other estate equivalent : Fiue pounds to be paid by the 10*^ of Aprill, the other Ten pounds according as is specified in y^ spetial verdict. And this is to be a final issue. Jeremiah Adams acknowledging himself indebted vnto y« estate of Mr. Hopkins the sum of Twenty pounds wherin Mrs. Vrsilla Gibdons stands bound w'^ h{fji for ye payment thereof this Court doth free the said Vrsula from her bond, and doth sequester the said estate in Jer: his hand, til further order pro- ceed for ye paym* thereof. This Court haueing heard and considered the differenc twixt ye Towne of Middle Town and Mr. Stow, and their allegations [138] and answers, || doe judg and determine, that ye people of Middle Town are free from Mr. Stow as their engaged minis- ter. 2]y. That the people of Middle Town shal giue to Mr. Stow L^s Testimonial, according as was drawen vp, and pi'sent- ed by the Worshipfull Gouernc in ye Court. And Mr. Stow is not infringed of his liberty to preach in Middle Town to such as will attend him, vntil there be a setled ministrey there. In reference to former intentions and motions w^h could not be brought to a ful conclusion for ye manner and meanes to accomplish the same, til this meeting of ye Generall Court, It is concluded and declared by this Court, That (as it was form- erly agreed by those Magestrates and Deputies that then could be assembled together,) it is our duty and very necessary to make a speedy address to his Sacred Maiesty, our Soveraigne Lord Charles the Second, King of England, Scotland, France and Ireland, to acknowledge our loyalty & allegiance to his highnes, hereby declareing and professing ourselues, all the In- habitants of this Colony, to be his Highnes loyall and faythfull subjects. And doe further conclude it necessary that we should humbly petition his Maiesty for grace and fauour, and for ye continuance and confirmation of such privilidges and liberties 32 362 PUBLIC RECORDS as are necessary for the comfortable and peaceable settlement of this Colony. It is ordered, that the Fine hundred pounds that Cap' John Cullick is to pay to ye Countrey, shalbe kept and improued in pursueance of our Address to his Highnes our Soveraigne Lord Charles etc. Mr. Willis, Mr. AUyn, & Willm Wadsworth are appointed as a Comittee to meet with Cap' Cullick when he comes vp, to re- ceaue in such bills as he is to assigne to the Countreys vse. This Court haueing heard the case respecting Jeremie and John Adams and Edward Stebbing, respecting the sale of y^ Homelot of Thomas Greenhill, at Hartford, doe sentence and conclude, that ye said sale of y* lot ly Edward Stebbing to Mr. [139j Goodwin is a legal sale : the sale being || acknowledg- ed by Edward Stebbin in open Court. In answer to ye close of ye Petition respecting Hoccanum lands, it is ordered, that all ye proprietors of ye wast land shal appoint a time to lay out ye lots according to ye several grants, as they haue agreed in Court to doe. This Court doth grant and order that there shalbe paid vnto Eltweed Pomry the sum of Ten pounds, out of ye Wompom yt is come from Narroganset, at six p"" penny, as recompense for his loss in his Mare. This Court orders, that in case Sarah North hear not of her hus- band by thatye seauenthyear be expired, (he haueing bene absent six, already,) that then she shalbe free from her coniugal bonds.. Its ordered by this Court, that ye people of Middle Town shal pay vnto Mr. Stow, for his labour in ye ministrey the year past, 40/. weh is to be paid vnto him by the 10'^^ of April next. Its ordered, that ye Wompom yt the Comissioni^s ordered to be paid to Mr. Brewster shalbe deliv^d vnto him out of that weh came from Narroganset. It is ordered that ye Secretary shal send down order to Rob' Chapman to giue power and order to ye new Constable at Sea Brook to levy the sum of 9/. 6s. Id. vpon William Bushnell, and likewise y* ye Secretary shal send order to require the said Bushnell to levy the said 9/. 6s. Id. vpon ye estates of such at Norridge as are defectiue in their Rates and to p^fect his Acco* for ye last yeare. OF CONNECTICUT. 363 The Constables in the y^ respectiue Plantations are hereby required forthwith to perfect their acco^s respecting the several levies for y^ Countrey Rates y' are yet imperfect ; and in case of defect herein aff the lO^i^ of Aprill next, the Treasurer is ordered to send forth warrants to y^ p^sent Constables to des- treine the remaind'' of y^ Levy from the Constable defectiue, also 40s. fine for neglect in attending the Countrey order is to to be required of and destreined by the Treasurers Warrant from y^ said Constables. 1140] Whereas, it is wel knowne to y^ Inhabitants and Churches in these parts that there was a Church orderly gath- ered at Wethersfield, by y^ full approbation and allowance of ye Court and Magestrates then in power, and by the consent and appi'bation of neighbour Churches, and whereas there are diverse of y^ members of y«= said Church remoued from thence w^hout any notice giuen to, or allowance and app^bation from this Court or y^ Magestrates of this Jurisdiction or the Churches wthin this Jurisdiction or the neighbouring Churches, soe as the number of y^ members of that Church is lessened thereby, and vpon that occasion some, through misapp^hension of the true state of that Church, there still resident and remaineing^ haue taken occasion vniustly to question the station and being of ye said Church of X*: as some of that Church doe complaine, and yet none haue charg'^ any offence or irregularity vpon the said Ch: or their proceed in their Ch: estate ; & wheras the said Ch: did manifest vnto the former Sess'i of this Court, w'^^' heard and examined their case openly, the reality and trueth of their continuance in the same membership, Ch: estate & station as formerly ; This Court doth therfore hereby declare that y^ said Ch: is ye true and vndoubted Ch: of Wethersfield, and soe to be account** and esteemed, for any thing doth yet appeare ; yet this Court doth also declare that if any just charg be brought in agaynst them, or any thing be made to appeare that may iustly disapproue or call in question their Ch: estate before the 14^^ of May next ensueing, and shal orderly declare and regularly prosecute their charge agaynst them, then ye Court will attend the hearing of such charge agaynst them and accordingly iudge of their estate as shal then appeare. The Magestrates and Assistants in ye respectiue Plantations 364 PUBLIC RECORDS in this Colony are desired forthwith to call ye Grand Jury men in their Townes, and to giue them an Oath for y« due discharg of their worke. [141] The Com's of N. London is fined 40s. for not trans- mitting their List of estate, according to order. It is ordered by this Court, that noe person wtsoeuer in this Colony, shal directly or indirectly buy or rent any of ye Lands at Podunk that are laid out and possessed by the Indians there. And respecting Thomas Burnam, it is allowed and granted vnto him, that in case the Indians there shal depart from that place and leaue it, that then the said Thomas, w^^ y® free consent of ye Indians there, shal improue the Indians lands in ye time of their absence, W^^ consent of ye Indians shalbe declared before the Magestrates. Thomas Burnam doth engage to this Court' that whensoeuer ye Indians desire to returne to*and improue their lands themselues, he the said Thomas wil freely, readily and without any trouble, surrend^ ye possession vnto ye Indians agayne. This liberty to continue til his lease be expired. It is ordered, that Cap* Lord and the Treasurer shal leuel ac- counts, and the Treasurer is to pay what is due to Cap* Lord, w^h dammadges allowed vnto him. Capt. Cook is required to desist in any further labour on the lower Farme at Mussaco, vntil the matter be issued at Geni^ Court, in May next. Wednesday three weeks is appointed a solemne humiliation to seek the favour of God in ye occasions of ye insueing yeare, and yt God would direct vs in those waies y* may conduce to our settlement in peace and privilidges, and y^ peace and truth may be setled in England. [142] Court of Election held at Hartford, May 16, 1661. Magestrates elected : Jo: Winthrop Esq"", Go: Jo: Mason Esq^, Dep: Mr. Henry Clark, Mr. Gould, Mr. Willis, Mr. Topping, OF CONNECTICUT. 3G5 Mr. Allyn, Mr. Rainer, Mr. Phelps, Mr. Baker, Mr. Treat, Mr. Bond. Treasurer, John Talcot. Sec'y Dani^ Clark, et Dep: JDep: C. Rich: Lord, Mr. Henry Woolcot, Mr. Gaylard, Wm. Wadsworth, Joseph Migat, John Moore, Sam^i Welles, Samii Boreman, John Deming Sen"", John Kil- burne, John Clark Sen"", Math: Campfield, Jehu Burr, John Banks, Rich: 01mstead,Robt Warner, Nath: White, James Rogers, Rob' Royce, Antho: Howkins, Thomas Judd, Phillip Groues, Mr. Haul. The Freemen voted that y^ Gen^' Court should choose Com*"' and invest them w'h full power for this year ensueinge: And likewise that y^ Court should choose Assistants, as need requires in y^ several Plantations. Mr. Tinker, Mr. Campfield and Rob' Chapman ai*e chosen and sworn Assistants. The Assistant and Com's at New London are desired to take a strickt care to suppress disorders in that place. The Gou^nor and Dep: Gou"" are chosen Comissioners for this yeare ensueing, and Mr. Allyn and Mr. Willis for a re- serue. Mr. Allyn is chosen Moderator in absence of y^ Gou"" and Dep: Go:, both for Gen^ and P^ticuler Courts. This Court remits 4/. of ye fine of 8/. formerly laid on Wm, Clark. This Court hath accepted and doe confirme the conclusion of ye Comittee respecting the accounts of Georg Tong & John Stebbin. This Court remits Ten pound of ye fine imposed on John Bissell for tradeing Liquors. This Court hath added 20s. to that w^h the Pniculer Court allowed to Stephen Taylor out of John Bissells fine. This Court vnd'"sf.anding the Com^s consent thervnto, doe accept of ye Plantation of Setauk vnd"" this Gouerm',* vpon ye same Articles of Confederation as are granted to South- • " Libertie is granted to the Jurisdiction of Conecticut, to take Huntington and Setaukett, two English PJantetions on Long Hand, vnder their Gouerinent." [Rec. of U. Colonies, Sept. 1660,1 32* 366 PUBLIC RECORDS ampton ; and for two yeares doe free y* Plantat: from publ: charges, nor must they expect the Countrey to be at charg about them during that time. Mr. Richard Wodhull and Mr. Thorn s Peirce are chosen by the Court to officiate in ye place of Magestrates in that Plantat: for y^ yeare ensueing. Mr. Wodhul sworne. Mr. Pel and Alexand^" Knowles chosen Assistants for Fair- field, and in case either of them refuse, Mr. Wm. Hil is chosen to supply that defect. [143] This Court doth ord^ that ye bounds of N. London shalbe measured by the persons that the Court appoints, that soe they may be regulated according to y^ grant of the Court. Mathew Griswold, Thomas Tracy and James Morgan are appointed to try the bounds of N. London, and to make report what is ye extent of ye bounds from the Sea northward in- to ye Countrey, on ye east side the Riuer, according to ye ord- nary way of laying out of bounds in this Colony. N. London people haue liberty to procure the ablest person they can to assist in this matter. This Court hath chosen Wm. Wadsworth, Mr. Campfield and John Moor as a Comittee to ripen ye case respecting the horses in controuersy twixt Reynold Marvin and Math: Griswold, for ye determination of ye Court. The former ord^ respecting Mr. Jn" Tinker is stil to be at- tended by him in veiweing a convenient place at or neere Mon- hegin, to take vp some Land. • Respecting Mr. Bruens letter for advice, the Courts mind is to take the matf into furth"" consideration before they giue di- rection in ye case propounded by him. In answer to Fairfield Petition, this Court declare their vn- willingnes to admit a further hearing of ye case twixt Fairfield & Stratford. This Court grants Goodwife Lettin liberty to inhabit in Fair- field, in case that Towne admit her. Execut" sent to Fairfield for Twenty pounds, according to ye conclusion of Norwalk Comittee. This Court remitls 405. of ye fine imposed vpon Nicholas Palmer & his wife. This Court approues of ye returne of ye Comittee respecting OF CONNECTICUT. 367 Math: Griswold and Renold Marvin, and confirm their determi- nation about the Horses. This Court grants that the one half of y^ horses in contro- uersy shalbe devided twixt Math: Griswold and Reynold Mar- vin equally, and y« other half the Court ord"" to be to y^ Coun- trey. And its ordered that y^ said company of horses shalbe [144] lookd vp by Marvin, and that Robert Chapman, 1| John Clark Sen^, Math: Griswold and Reynold Marvin shal sell the Horses to make paym* and distribution according to this Order. Goodm: Marvin is to see y« Horses brought in, that soe this ord"" may be effected. And y^ value of what haue bin sold is to come into this distribution. And this is to issue that contro- uersy. John Banks, Richard Olmstead, and Joseph Judson are ap- pointed to run the line from South to y^ Northward, twixt Fair- field and Stratford, to y^ extent of their bounds, and also ye cross line. This Court hath remitted fiue pounds of y« fine imposed on Whelpley, for his lasciviousness. This Court repeales y^ ordi" for paying the Indians for such Wolues as they kill or steale. Respecting Cap* Aaron Cooks grant at Mussaco, This Court doth iudg the grant stil in force, and doe order that he shal be- gin next ye Falls and take meadow, good and bad, w^hout ex- ception, except vplands, w<=h are not intended in ye grant. In reference to ye Address drawn vp by c Gou^nor, This Court doth order that ye said Draft as it is now drawen vp and formed and pi'sented to ye Court, shalbe sent and p^sented to his Highnes o"^ Soveraigne Lord and King Charles ye 2^ etc., in case the Comittee chose to pi'vse and compleat ye said Address see not cause to make any alteration therein, to whom it is fully left to compile or methodize the Instrument as they iudge most convenient, provided ye substance be stil attended and reteined. The Comittee chosen to compleat ye Address and draw vp the Petition to his Ma^'e or any other L^s to any noble p^sona- ges in England, and al other matters respecting c address. Pe- tition or Patent, are as follow : John Winthrop Esq^ C Gour ; 368 PUBLIC RECORDS Also, ye Dep: Gou^, Mr. Willis, Mr. Allin, Mr. Warham, Mn Stone, Mr. Hooker, Mr. Whiting and ye Secretary. It is agreed between Cap* Topping, Mr. Halsey, Mr. Stan- bourough and John Coop^ in behalf of all of Southampton [145] vnsatisfied about their bounds, || and Mr. Baker and Mr. Mulford, in behalf of ye Towne of East Hampton, That y« bounds between the two Plantations shal for euer be and re- maine at the stake set down by Capt: How, an hundred pole eastward from a little pond, the said stake being two miles or near thereabouts from ye east side of a great pond comonly called Sackaponock ; and soe to run from ye South Sea to the stake, and soe ouer the Island by a strait line to ye easterne end of Hogneck, according to ye true intent and purpose of what is expressed in the grant and deed subscribed and allowed by Mr. James Forret, Agent for ye Right Hoi'ie Earle of Sterling. It is further to be vnd''stood that what agreem* is here made doth noe way intrench vpon any of ye rights, privilidges or irnunities conferd vpon Southampton by their Patent purchased of the aforesaid James Forret. It is further concluded that ye lands on the west side the stake forementioned shalbe and remaine to Southampton for euer, and ye land on ye east side ye stake, being the greater part of ye Plaine, to be and belong to ye Plan- tation of East Hampton foreuer. And this to stand as a final conclusion respecting the bounds twixt those two Plantations. It is ordered, that ye Towne of East Hampton shal pay vnto ye Capt Topping and his copartners, towards their charges in transacting this case at this Court, the sum of 20 Nobles. This Court is adiourned til ye last Wednesday in Aug^t next. Postscript. This Court doth desire and authorize o^" Wor'i Gouerno'' (who speedily intends a voyage to England,) to agitate and transact the affairs of this Colony in reference to o"" Address & Petition to his Ma^ie, or respecting o^ Pattent, according as he shall receaue further instructions from the Comittee appointed to compleat those matfs, takeing in the advice and counsell and consent of such Gentlemen and freinds as may be excited and procured to be actiue w'^ him in and about the premisses. of connecticut, 369 [146] Hartford. Session Gen'^ June 7*: 61. Jo: Winthrop Esqr, Go: Magestrates: Mr. Willis, Mr. AUyn, Mr. Phelps, Mr. Treat. Sed"; Danii Clark. Dep: C. Rich: Lord, C. Jn" Talcot, Henry Woolcot, Wm. Gaylard, Wm. Wadsworth, Joseph Migat, Jo: Dem- ing, Samii Wells, Sam^i Boreman, Tho: Judd, Antho: Howkins, Rob^: Warner, Nath'i White, James Rogers. This Court haueing considered the Address and Petition compleated by the Comittee, to be sent and pi'sented to his Matie, o"" Soveraigne Lord Charles the 2d, and also the Instruc- tions drawen vp for o"" Wor^i Gouernc, Agent for this Colony in ye prmisses, doe approue of that w^h ye Comittee hath done. And doe further add to y^ Instructions, that they doe leaue y« matfs respecting any Li's that may be found necessary to be directed to any other Nobles or Gent: who may be stirred vp to be helpful in promoteing the Address, Petition or Pattent, be- sides them that are nominated in the Instructions, to o'' Wor'i Gouern""; and as he shal see cause, to draw vp, and in y^ name of the Colony to subscribe, scale and deliuer such L^s, and to draw vp and pi'sent any further Petition in behalf of this Colony, to his Ma^ie, as may be found necessary. It is ordered by this Court, that c Wor^i Gouernr shalbe allowed out of the Treasurie, for this ensuing yeare, the sum of Eighty pounds. And in reference to his intended voiage to England, if his purpose and resolution doe stil continue to goe, in regard this Court hath made choice of his worsP to be an Agent to further our welfare, in p^senting o'' Address & Peti- tion to ye Kings Maiestie, and to improue his abilities to pro- cure vs a Pattent, This Court doth hereby order and enact, that whateuer charges or expenses the attendance on those affaires of this Colony shall require in England, shalbe defraied out of that 500/. that is by ord^ of Court appointed and set apart for yt service. This Court doth desire and appoint Capt. Lord, Mr. Henry Woolcot, John AUyn, Will™ Wadsworth, or a maior part of them, w'h ye advice of Mr. Math: Allyn, to order and dispose of ye pay that is to come to ye Col: from Cap'. John CuUick, soe 370 PUBLICRECORDS as yt it may answer such Bills as may be charged on this Col: by o"" Wor^i Gouernor or his order, in pursuance of our Pattent, in England. [147] The Treasurer is appointed to signe y^ h^ of Credit, whereby the Gouerno'" may be authorized to charge Bills on y^ Colony to y^ value of 500Z. according to former act of y^ Court. The Treasurer is to giue order to y^ Comittee for y^ delivery of pay when Bills are charged. The Secretary is ordered to subscribe in y« name of y^ Court, the Address, Petition and Letters to y^ Nobles and to y« Cor- poration, and deliuer to y Gouernour coppies of y^ same ; and in case it be iudged expedient the Gouernour is desired to sub- scribe y« Address and Petition.* Eltweed Pomrey hath receaued the 10/. in Wompom, from ye Gouerno', that the Court formerly granted him. Session, June 8: 61. This Court takeing into consideration ye estate y* is in John Coles improuemS y* formerly belonged to Edward Hopkins Esqr, Doe order, that ye Treasurer shal require and take into his custody and improuement the rent of that house and land at Hartford, from John Cole, and to be accountable for it when ye Court cals him thervnto. And likewise for Willra Hills farme, ye same order is to be attended. The Treasurer and Will'" Wads worth are desired to acquaint John Cole that ye Court expects that he continue in ye improue- ment of ye Farme according to his Lease ; and its left w^h them to informe him that ye Court desires and are ready to in- courage him in this busines for ye future. [148] Hartford. Session, AuG^t 17: 61, Majr Jo: Mason Esq^, D: Go: Magestrates : Mr. Allyn, Mr. Phelps, Mr. Treat. Secrefy; Danli Clark. • The Instructions to Gov. Winthrop, Letter to the Earl of Manchester, (as is supposed,) and a copy of the Address, will be found in the Appendix, No. X. The Petition, and a Letter to Lord Say & Sele, have been already printed in Trumbull's History of Connecticut, Vol. i., Ap- pendix, Nos. vn. & viii. OF CONNECTICUT. 371 Deputies : C. Jo: Talcot, W^ Wadsworth, Joseph Migat, Samii Wells, John Moor, Jo: Deming Sen:, Tho: Judd, Antho: Howkins, Sam: Boreman, John Kilburn, Rob' Warner, Nathan'i White, Mr. Henry Woolcot. This Court doth order that it shalbe comended to y^ consid- eration ofy« Com^s that an order may be established, Thatnoe Indians w^euer shal attempt any hostile act, or wage or carry on any warr within y^ limits of y^ several Colonies or Planta- tions, but shal first make y^ justice of their cause appear to y® Authority of y^ Colony wherin the Indians Hue, and haue liberty from ye Authority of ye Colonic to proceed on in their warr : And in case the Indians doe violate y^ Com^s former order, in hostile attempts as before, or in marching throw ye Townes wth armes, what fine or punishment is to be inflicted on offend- ers, and how we may act in opposeing Indians or pursueing de- linquents. This Court doth appoint Maior Mason, Mr. Allyn, Wm. Wadsworth, C. Jo: Talcot, Joseph Migat, as a Comittee, to whom it is left to settle Podunk Indians in that place, vpon righteous and honerable termes ; as also to indeauour to settle Farmington Indians, and to purge out strangers from them. And to enioyne both Podunk and Farmington Indians to cease their warr and not to entertein strangi's, and also to require ye Captiues. [149] Hartford. Session Gen'I AuG^t 28: 61. Mr. Allyn, Moderate^. Magestrates : Mr. Phelps, Mr. Treat. Dep : C. Jo: Talcot, Dan^' Clark, et Sec'', Mr. Gaylard, Wm. Wadsworth, John Moore, Joseph Migat, Sam^i Welles, John Deming, Sam^^ Boreman, Anthony How- kins, Thomas Judd. In reference to ye case depending twixt Caspar Varleet, by way of appeale, contr Edward Palmes, This Court doth deter- mine. That Caspar Varleet shal forthwith make satisfaction to Mr. Palmes for what is vnpaid of ye Bill in Cattle, w^^ 81. 6s. 6d. for damadge, with charges. And in case Caspar Varleet 372 PUBLIC RECORDS doe not satisfie according to this order, This Court grants execution to be dehvered vpon y^ estate of Varleets that hes vnd'' Attachm*, and L* Thomas Bull, Mr. Jos: Wellard and James Steel are appointed to apprize the estate that Mr. Palmes doth receaue from Mr. Varleet ; and if any of these three fayle, Thomas is to supply his roome. This Court hath granted to Jonathan Gilbert a farme, to ye numb"^ of 300 Acres of vpland and 50 Acres of meadow, pro- vided it be not preiuditiall where he finds it to any Plantat" yt now is, or hereafter may be setled. The Court hath granted vnto Mr. Math: Allyn, 400 Acr^ of vpland and 100 A-cr^ of meadow, where he can find it w^^^in Conect: liberties, vpon ye same termes as to Jonatha Gilbert. [150] Hartford: At a Gen^' Session : Ocxo^r 3 : 61. Maior Mason, D: Go: Magestrates: Mr. Willis, Mr. Allyn, Mr. Phelps, Mr. Treat. Sec'', Danii Clark, et Dep : Deput : C. John Talcot, Lt Hollister, Lt Jo: Allyn, Mr. Gaylard, L* Walter Filer, Joseph Migat, John Moor, John Deming, Sam^^ Wells, Sam^i Boreman, Antho: Howkins, Tho: Judd, Rob* Chapman, John Clarke, James Morgan, James Avery, Walter Hoit, Joseph Jud- son, Nathii White, Robert Warner, Phillip Groues, Mr. Hill, Thomas Staples. This Court orders, that it may be comended to y^ considera- tion of ye Freemen the great cost and burthen yt lies vpon this CoUony by the great number of Deputies that attend ye Gen^i Courts ; and if it seeme good to ye Freemen it is desired y* ye number may be lessened one halfe in each Towne in this Colo- ny. And likewise, in case any occasion necessitate the calling together ye Gen^i Court at such season that may be praeiudiciall for the remoter Townes to send their Deputies, that then it may remaine and be in ye power and liberty of these neighbouring Townes on ye Riuer, by their Deputies or a major part of them, w^Ji soe many Magestrates as ye law requires, to keep Court, OF CONNECTICUT. 373 y^ with full power and authority as if the Deputies of y^ severall Elantations were p''sent altogether. This Court doth hereby manifest their complianc and consent that ye Comision Court shalbe held but once in three yeares, in ye ordnary course: and y^ Secretary is ordered to certifie this order to y^ Comi^s at y next meeting. There is a Levy of a penny p'' £ ordered to be raised vpon ye estate of y^ whole Colony. Next Wednesday come fortnight is appointed to be kept a solemne Thanksgiueing throwout the Colony, for Gods merceys in ye remaineing fruits of ye earth, and for o"^ peace, and that God is pleased to free vs from y^ mortality y' ye Plantat^ haue bin afflicted with. Those that are nominated to be put to election for Mages- trates, at the Gen^i Court in May next, are C. John Talcot, Sec Danii Clark, L' Jo: Allyn, Mr. Henry Woolcot. This Court haueing heard and considered the busines respect- ing Mr. Varleets Still and Worm, w^h ye head, yt was destreined for Mr. Palmes his debt, doe see cause to order, that ye said [151] Still etc, be sequestred in ye Marshalls hand or custody, for ye space of three weeks, during w<=^ time it shalbe lawful! and at ye liberty of Mr. Varleet to redeem the Still, by paying the debt to Mr. Palmes or ye Marshall, wt^ all such charges as haue bene occasioned by executions laid on the Still. And if Caspar Varleet doe not redeem it, or any man elce, in that time, pay more for it then what is due to Mr. Palmes, then ye Still etc. is to be delivered to Mr. Palmes, and he to defray the said charges. The list of Estate andp^'sons p^'sented to this Court: — Hartford, £11)512. 0. 0. Wethersfield, 11955. 0. 0. Windsor, 15902. 0. 0. Stratford, 8596. 0. 0. Sea Brook, 05583. 0. 0. Nor walk, 3527. 10. 0. Farmington, 06240. 0. 0. Middle Towne, 2399. 0. 0. Fairfield, 10423. 4. 0. This Court doth ord"" and appoint Mr. Gould, Mr. Sherman, Mr. Knowles, Mr. Campfield or any three of them, provided Mr. Gould be one, to examine and issue ye busines respecting Joseph Jeames and Marcy Holbridge and to inflict such punishm^ as they iudge meet according to law. 33 374 PUBLIC RECORDS This Court dolh confirme and establish ye act of ye Comittee at N. London,* respecting ye east line and lands disposed and to be disposed of; one pniculer whereof is yt such land as lies abutteing vpon ye line already disposed to men, shalbe and be- long to them, though it lye w^^hout ye line. This Court haueing heard and considered y« contumelies car- riage of Mr. Varleet against ye Magestrates, and affront to ye Countries officer in execution of his office, doe fine him 10/. to be paid by him to ye Treasurer. The Worii D: Gouern'", C. Jo: Talcot and Lt John Allyn are appointed and requested to goe to N. London to ioyne w'^ ye [152] Assistant and Com^s there || in keeping Court Pert^: and ye Dep: Gou"": is to appoint ye time. It is ordered that the Assistants in this Colony, w^Hn their respectiue limits shal haue ye power of one Magestrate vntily® Gen^i Court in May next. This Court orders ye Secretary to write a Letter to Nor- ridge, to send vp a Comittee in May next, invested w^^ f^\\ [poioerl to issue ye affair respecting setling that Plantation ynd"" this Gouerment. The Will and Testam^ of Edward Hopkins Esq', being pfsented to this Court, legally attested, is accepted as authen- tick : This Court doth likewise order and impower Edward Steb- bing and L^ Thomas Bull to take ye manadgm* of ye estate of Mr. Hopkins, deceased, into their hands and the gathei'ing in ye debts due to ye estate and to be accountable to ye Court for ye same when called therevnto. Vpon a proposition p^'sented from Mr. Goodwin, in reference to ye legacy belonging to this Colony, by the last Will of Mr. Hopkins,t and whereas there was, by a writeing, a tendr of * [In the margin ;J " ]7 May, '55." t Mr. Hopkins, by his will executed Mar. 17th, 1657-8, ("after severall legacies therein be- queathed out of his estate in New England) gave and bequeathed the residue of his estate there, to his father Thenphilus Eaton Esq., Master John Davenport, Mr. John CuUick and Mr. William Goodwin, in full assurance of their trust and faithfulnes in disposing of it according to the true intent and purpose of him the said Edward Hopkins, which was, to give some incour- agement in those forraigne Plantacons for the breeding up of hopefull youths in a way of learn- ing, both at the Grammar Schoole andCoUodge, for the publique service of the Country in future tymes." [Power of Attorney from Henry Dalley, Mr. Hopkins' executor, to the trustees ; in "Colleges & Schools," Vol. i. No. l.l In addition to this bequest, (estimated at about XIOOO,) OF CONNECTICUT. 375 350?. to this Colony, out of that estate ; This Court doth declare that they doe not reiect the tender. And further, this Court doth appoint Major Mason, Mr. Mathew AUyn, Mr. Willis and Capt John Talcot, as a Comittee to treat w^h ye Trustees of Mr. Hopkins estate about y" foresaid legacy, and what y" maior part of those y* meet doe conclude, shal stand as an issue of that busines. And y*"- Secretary is to write a letf to y<^ Trustees to appoint time and place of meeting. C. John Talcot hath liberty granted to him to retaile liquors provided he attend y^ ord^s of ye Countrey therin. Robt Chapman and Mathew Griswold are appointed to lay out Mr. Allyns Farm according to y^ conditions of y^ Grant. Wm. Prat is established Lieutenat to y^ Band at SeaBrook ; Wm. Waller, Ensigne ; Wm. Bushnel & Reynold Marvin* Sergeants. [153] Robert Chapman and John Clark Sen^ are appointed to require Reynold Marvin and Math: Griswold to bring in y^ horses soe ordered for the Countrey, and to require y^ pay for what are sold, and this to be effected by ye first of Decemb'' next, and to inquire after y^ number of them, and to make re- turne to y^ Court in Decemb"^ what is done herein. It is ordered, that y^ Indians y' liue neer ye Townes on ye Riuer haue free liberty to carry their guns, throw y^ English Townes, provided they are not aboue 10 men in company. This liberty is granted to Tunxis Indians. Former restreints are repealed. Will"» Wads worth and Rich""*! Butler are to iudge of that Beef yt Varleet doth pay to redeeme y^ Still, whether Mer- chantable or noe, and Joseph Smith to gadge y^ cask. Mr. H. gave from his estate in England, the sum of £500, in further prosecution of "the afore- said publick ends," " for the upholding and promoting the kingdom of the Lord Jesus Christ in those parts of the earth." This latter sum was considered to belong to Harvard College, and was paid to that institution, under a decree in chancery, in 1710. The proceeds of the estate in N. England were appropriated by the trustees to the support of Grammar schools in Hartford, New Haven and Hadley. A letter from Mr. Goodwin, (in the name 6f the trustees,) to the General Court, in reply to one received from the Secretary requesting tha appointment of a time and place of meeting, will be found in the Appendix, No. VHI. [See Savage's Wuith. Journal, I. 228, JVote; Trumbull's H. of Conn. I. 232.] 376 public records [154] At a Session of the _Gen11 Court, at Hartford, March 13: 61-62. This Court hauing read and considered the Petition of Bridget Baxter, in reference to her husbands deserting her and her de- sire to be divorced from him, doe ordr Mr. Gould, Mr. Sherman and Mr. Wm. Hill to examine the letter that ye said Baxter sent to his wife in England, and to compare the said writeing wth other of his writeings ; and in case they find a true & full con- currence in the said hand writeing, that to their judgm^s it ap- peare to be his writeing, then to declare vnto y^ said Bridget that this Court hath and hereby doth free her from her coniu- gall bond to her husband Baxter. It is ordered, that forty fiue shillings in ye Marshals hands, of Varleets, shalbe a full discharge of ye remainder of his Ten pounds fine to ye Countrey, weh ye Marshal is to discharge to ye Countrey and Mr. Palmes to him. This Court duely and w^^ serious deliberation, haueing weighed and considered the nature of the offence of Mr. John Blackleich in his contemptuous expressions against severall p''sons in authority in this Colony, doe declare, that though the hainousnes of ye transgression deserues a fine of an hundred pounds, yet also considering some weaknes that too evidently appeares that he is incid* vnto, this Court doth impose the fine of Thirty pounds to be paid by the said Mr. Blackleich to ye publique Treasury. This Court haue established the line of Farmington to extend to ye mouth of ye Brook at Nod Meadow, at ye northerne end towards Mussaco, and there to be ye devident bounds twixt [155] that plantation and their neighb[ours] at Mussaco, and there to run east and west, to devide twixt both parties. This Court hath granted vnto Anthony Howkins and Thomas Judd 400 Acres of land betwixt them, whereof 80 Acr^ of Meadow, if it may be found where it may not p^iudice any Plantation y* now is, or hereafter may be setled. There is also granted vnto C. John Talcot and L* Jo: AUyn, 600 Acr*^ of vpland and 100 Acr^ of meadow, to be equally de- vided between them. There is also granted vnto ye SeCy Daniel Clark and John Moor, the number of 400 Acr^ of land, vpon ye forementioned OF CONNECTICUT. 377 termes, whereof 80 Acres of Meadow, w^h is to be devided be- tween them, and if it cannot be found together they haue Ub- erty to seek it out severally. There is granted vnto Mr. Willys, 200 Acres of land, whereof 50 Acrs to be Meadow land, vpon ye forementioned termes. [In the Margin ;] C: Lord hath granted from the Court, 350 Acres of vpland & 50 Acres of meadowe, if it : This 1 find in the Records of this Court, March 13, 61-62, though it be not recorded in their acts in this Booke. As I atest this nth of Sepf. '67. John Allyn, Secrefy. Mr. Phelps, Mr. Gaylard, Jo: Bissell Senr, Sam" Steell, Lt Hollister, John Wadsworth, doe propound to y^ Court for lands. This Court grants vnto Jeremiah Adams, 300 Acr^ of vpland and 40 Acr^ of meadow, in the place where he kept cattle last winter, going to Monhegin ; and in case there be a plantation there setled, he is to haue a double portion according to his es- tate out of this land now granted ; the rest he is to surrend'' to ye Towne. This Court sees cause to repeale the former order respecting allowance for wolues, and y* each Towne shal pay for ye wolues that are killed in their limits the sum of Fifteen shillings pf wolfe. This Court orders, that ye salery for Daniel Porter shalbe paid yearly, out of ye Treasury. [156] This Court orders, that for future, the leath' sealers in this Colony shal haue allowed vnto them for each Dicker of Leather they scale, 18d. and for half a Dicker, 12d. and 4d. a hide, for single hides. This Court declares, that they accept the Towne of Hunting- ton, on Long Island, vnd'' this Gouernmt, And Mr. Willys, and Capt: Lord are appointed to returne an answer to their Letter. This Court, vppon further consideration of the frame of ye matter respecting Mr. John Blackleich, and obserueing that there is too much appearance of preiudice in ye testimonies that haue bene p^sented, and how indirect the course was wherby any thing was discouered, i. e. by lying in wait, can- not but see iust cause to acquit Mr. Jo: Blackleich of that fine 33* 378 PUBLIC REC0RD8 imposed, there appearing reason to suspect that both Loveridge and Burnam are guilty of y^ crinfie they testifie against Mr. Blackleich. It is granted and ordered by this Court, vpon the motion and desire of Jeremiah Adams, that ye house that the said Jer: doth now possess and improue for an Ordnary, or house of comon en- terteinment, shalbe and remaine for the same end and vse and occupation for the future, both to ye said Jeremie and his suc- cessors, provided as hereafter is expressed : 1. That ye said Jeremie, his heires and successors, carry on this worke, by such pi'son or p^sons inhabiteing in ye said house as shalbe to ye good likeing and approbation of ye Gen^i Court from time to time. 2. That ye said house be fitted and made capable to giue suf- ficient enterteinment as need and occasion shal require, both to neighbours and Strang rs. [157] 3. That there be at all times necessary & comfortable accommodation and provision made for enterteinment of Trav- ellers with horse and otherwise, and that both respecting wine and liquors and other provision for food and comfortable re- freshing both for man and beast. 4. It is ordered, that if Jer: Adams shall not attend his agree- ment in attending the provision made in ye foregoing Articles, he shal not forfeit his licence, but shalbe liable to be censured by the Court as they shaljudg most suteable. At a Court of Election held at Hartford, May 15, 1662. Magestrates Elected : Jo: Winthrop Esq'', Gouernr, Jo: Mason Esq^, Dep: Mr. Math: Allyn, Moderaf. C. Jo: Talcot, et Treas: Mr. Willys, Lt Jo: Allyn, Mr. Phelps, Danii Clarke, et Sec'; Mr. Treat, Mr. Henry Woolcot. Mr. Gould, Deputies : Wm. Wads worth, Joseph Migat, Mr. Thomas Wells, Mr. Fitch, C. Benjam: Nubery, Will™ Gaylard, John Moore, Edw: Griswold, Sam^' Boreman, John Not, OF CONNECTICUT. 379 Wm. Goodrich, John Kilburn, Nathan^ White, Will™ Keny, Math: Campfield, Richard Olmstead, Joseph Jud- son, Isaack Nichols, James Rogers, Sam'i Smith, Rob* Chapman, John Clark, Anthony Howkins, Thomas Judd. [158] The Freemen haue referred the choice of the Comis- sioners vnto y^ Gen^i Court. O"" Wor'i Gouernor and Mr. Willys are chosen Com""* for this yeare ensueing, and Cap* John Talcot and Dan'i Clark are chosen for reserues. It is ordered by this Court, that whosoeuer for the future shal complaine of and prosecute to effect in a legal way, any pound- breach or rescue, and proue the same, he or they shalbe paid one quarter part of the fine that by the Lawes of this Colony are imposed vpon delinquents that are iudged by the Court y* heares y^ case to be transgressors of any of the said Orders. This Court doth set at liberty the transportation of Come. This Court hath granted the Petition from Huntington, and doe confirme Jonas Wood and Thomas Benedick according to their desire, who are impowred to act in point of Gouerment according to y^ liberties granted to that Towne by this Court ; And the Secretary is to giue them a Coppy of y^ Articles with Southampton, vpon w^h termes they are accepted. The names of the Grand Jury : WilH Wadsworth, Tho: Bull, Deacon Butler, John Moore, Tho: Ford, Ed: Griswold^ Anthony Howkins, Tho: Judd, John Kilburn, Sam'' Boreman, Will'" Gutrich, Nath: White. Bridget Baxter is by the authority of this Court, vpon good consideration and solid reasons and evidenc, freed from her con- iugall bond to her husband Thomas Baxter ; and whereas the estate that her husband Baxter left with her is sold to pay debts, all excepting a bed and her wearing aparell. This Court doth [159] prohibit all and every of the creditors to y^ said estate for seizing, extending or any way troubleing y^ remainder, vntil y« Court see cause to y^ contrary. This Court doth release the Com^ of New London from his fine respecting y^ list of estates. This Court vnd ''standing that several vessels are brought in to ye Ports and Harbours apperteineing to this Colony and vnd^ a pi'tenc of attending the Proclamation sent forth from his Ma*'® 380 PUBLIC RECORDS C vSoveraigne or the Parliam* of England, respecting the trans- porteing of Tobacco to forreigne nations, and in stead of pay- ing the customes imposed, doe in a clandestine way defeat the law and steale y^ custome, and some haue denied to pay any custome, It is therfore ordered by this Com-t, that whateuer Tobacco is landed in this Colony, there shalbe paid by the Mas- ter of the said Vessell, or Merchant importer of ye said To- bacco, vnto the Custome Master of y^ place where the vessell is brought in, for eVy Hogshead, 255^. or 2d. p^^ lb. w°h sum according to y^ Law of England shalbe pJ'sently discharged, or otherwise, sufficient security shalbe giuen for y^ payment thereof w^^'m. 9 months, otherwise there shalbe noe certificate granted from Authority, respecting the landing of y^ said goods. The Tovvne of Huntington, on y^ Island, is freed from pub- lique charges, for y^ space of two yeares from this pi'sent time. Mr. Jonas Wood is appointed Custome Master wt^in and for y^ Towne of Huntington. It is ordered that all the Townes vpon the maine, that are or shalbe vnited to this Gouerment after the publication hereof, shalbe fully compi'hended in ye Order respecting the way and manner of rateinge and raising Countrey Levies. [160] This Court considering the Petition of Job Drake, re- specting the Colt now in the Countreyes possession, formerly handled in y^ p'ticuler Court, the said Job p^tending further evidence to clear his title to y^ Colt, Doe therfore appoint and desire Mr. Thomas Wells, Mr. Wadsworth, Mr. Jos: Fitch and Edward Griswold, to heare and consider what Job Drake hath to declare about the colt, and accordingly to determine the matf twixt y^ said Job Drake and y^ Countrey. The petition of Mr. Joseph Heines being read and considered, respecting a grant of 1000 Acr^ of Land to his Honc^ father in ye Pequot Countrey, This Court orders that ye said grant shalbe fulfilled before any later or further grants be attended or laid out in that part of the Countrey. This Court graunteth to Mr. Joseph Heines 300 Acr^ of Land for a Farme, where it may be found not pi'ludiceing a Plantation in being, or that may be, whereof 50 Acr^ to be mead: land if it can be found. OF CONNECTICUT. 381 The Assistants in y^ severall Plantations are by this Court estabUshed in their respectiue places, for y^ yeare ensueing. This Court orders, that the Bible that was sent to Goodwife Williams be by Serg* John Not delivered to Goodwife Harrison, who engageth to this Court to giue vnto ye children of y^ said Williams, a bushel of Wheat a peice, as they shal come out of their time. And John Not doth engage to giue each of y^ chil- di^n 2 shillings a piece as they come out of their time, to buy them Bibles ; and John Not hath hereby power granted him as is ordered, to dispose of y^ rest ofy® books, to y<^ children of y^ said Williams. This Court considering the state of the Troop listed by the Countreyes approbation, and y^ inconvenience of their meeting in one body, from ye severall Townes, and vnnecessary expence of time to noe profit, Doe therfore order, that y^ listed Troop- [161] ers shall haue || liberty to attend their exercise wt^in ye Plantations where they are resident, w^^ their owne foot com- pany ; vpon weh consideration their allowance of six shillings eight pence p"" Trooper is taken of, only the officers for their incouragment are allowed their salery. It is also ordered, that the Troopers in ye respectiue Townes shall attend and obserue the comand of such officers of y® Cavalrey as are cohabiting w^^ them in ye Town where they exercise, except any superior offi- cer of ye Troop shalbe pi'sent at ye exercise. And notw^'J- standing this order, they are to be accounted as one inlire Troop consisting of severall parts, who are to vnite and attend ye Generall Traineing, as one intire body of Horse. It is ordered, ihat for each petition that is p^sented to ye Gen- erall Court, at any Session thereof, there shalbe paid by the pe- titioner, or him that p'sents the same, the sum of lOsh. to y® publique Treasury, w^h shalbe satisfied before the Petition be admitted to be read. In regard it is found by experience that there is great neglect in veiwinge Generall fences, according to order ; It is therfore ordered by this Court, that in every Town in this Colony, there shalbe yearly chosen two men, who shalbe sworne to a due p""- formance of ye work of veiweing fence, and whosoeuer is cho- sen to ye office of fence veiweing and shal refuse or neglect to attend it, shal pay twenty shilling to ye Town Treasury, vnles 382 PUBLIC RECORDS it appeareth to some one Magestrate that y^ said party be op- pressed by the choice, and others vnjustly exempted. And it is likwise ordered, that y^ said sworn fence veiwers shal haue power to fine neglects in fenceing, and to require and levy the same, and to deliuer it to y^ Townsmen for y^ Towns vse where they hue. [162] This Court grants liberty to y^ Marshall, Jonathan Gil- bert, to keep an Ordnary at his house, at Cold Spring, for re- leiueing of Travellers, according to their needs. This Court desires and appoint the Magestrates of Hartford to agree w^^ a sutable man in Hartford to sel wine by retaile out of doors, at as good a rate as they can. This Court doe impower Mr. Obadiah Bruen, of N. London, to take Oaths and grant Warrants, in ye Towne of N, London, as occasion requires. This Court, vnderstanding that there is much preiudice like to ensue to this Colony, by conveighing Tannd Leather out of this Colony, It ^is therfore ordered, that after y^ publication hereof, what pt'son soeuer in this Colony shal transport any Hides that are tan'd either for soles or vpper leather, out of this Jurisdiction, w'^out spetiall order from y^ Court of Magestrates, he shal forfeit y^ hide or hides or y^ value of them, one third part to ye complain^, the rest to y^ Publique Treasury. There is liberty granted for ye Town of Huntington to ap- peale in civil actions, to ye Courts held at Fairfield or Stratford for further triall. This Court, vpon consideration of Mr. Tinkers incouragm^^ in his place and imployment, doe order Twelue pounds to be paid to him by the Treasurer out of ye fines imposed on Mor- ton Haughton & Mr. Thomson. [163] Session GenII. Hartford, July 22, 62. Magestrates : Mr. Allyn, Moderator. Mr. Willys, Mr. Treat, Mr. Talcot, Mr. Allyn, Jun^, DanH Clark, et Sec\ OF CONNECTICUT. 383 Dep : Mr. Nubery, Will™ Wads worth, Mr. Tho: Wells, Joseph Migat, Joseph Fitch, Edw: Griswold, Tho: Judd, Jo. Kilburn, Jo: Not, Sam^i Boreman, Will«i Keny. This Court, duely considering the state of this Colony, and espetially the Plantations situate on the Riuer, and iudgeing it very necessary and tending to y« furtherance of o"" pi'sent con- dition and comfort. Doe order, that after the publication hereof, noe person shal transport and conveigh away out of this River, any Corn or provision from any Plantation w^^in c liberties situate on this Riuer, vpon penalty of forfeiting the said Corne or provision or y« value thereof, one 4'^ part to y« complainer, the rest to y^ Publique Treasu[ry.] The Custome masters in each Towne are required and hereby authorized to make dili- gent search to discouer the transgression of this order. Provi- ded, that this order extends not to any corn or provision y* shalbe transported by order from y« Treasurer, for any pub- lique concernments respecting this Colony. This Court doth appoint Sam: Boreman and Serg* Not to giue notice to those men in Wethersfield that are indebted to ye Countrey in behalf of Capt. CuUick, and likewise C. Beniamin Nubery is to warne I'ho: Ford to provide and p'pare paymt for the Countrey wt^out delay, that soe y^ Countrey may be able to discharge such sums as may be charged on vs by o"^ Wor" Gouernc. Mr. Jo: Allyn, Mr. H. Woolcot, Wm. Wadsworth, are desired and appointed and authorizd, in case y^ pi^sons indebted to ye Countrey doe not provide payment seasonably, as need re- quires, then y« Comitte or a maior part thereof shal procure corn or provisions as they can agree w^^^ pi'sons : and the fore- mentioned Di^s are to satisfie the said p^'sons accordinge to ye Comitties appointment. This Court appoints Wm. Wadsworth & James Steel of Hart- ford, to goe down to Hommanaset and veiw the land there, and if it be not fit for a Plantation, then they are authorizd to lay it [164] out vnto II Mr. Mathew Allyn, Mr. Willys, Capt Talcot, and John Allyn, according to their grants ; and if there be any ouerplus, the Secretary Clark and Mr. Joseph Haines are to haue their proportion there layd out also. Bnt if there be not enough 384 PUBLIC RECORDS for both of them, it is to be issued by the Generall Court, w'^'' of them two shall haue their proportion there. At the Generall Assembly or Court of Election held AT Hartford, OctobJ" 9: 62. Jo: Winthrop Esq"", Go: Jo: Mason Esq', Dep: Go: Magestrales Elecf: Mr. Mathew Allyn, Mr. Samii Willys, Mr. Nathan Gold, Mr. Treat, Mr. Ogden, Mr. Tapping, Capt Talcot, et Treas'', Mr. Henry Woolcot, Daniell Clark, et Sec". Mr. Jo: Allyn, Mr. Baker, Mr. Sherman. Deputies : Will"» Wadsworth, Joseph Fitch, Edward Griswold, Josias Hull, Samii Boreman, John Nott, Anthony Howkins, Thomas Judd, Mathew Campfield, John Gregory, Nathan" White, Robert Warner, Thomas Leffingwell, Thomas Tracy, John How'ell. Sam" Smith, James Rogers, John Clarke, Robert Chapman, Phillip Groue, Joseph Judson, Cornelius Hull, Sam" Drake, ThePATTENT or Charter* was this day publiquely read in audienc of y^ Freemen, and declared to belong to them and their successors, and y^' freemen made choice of Mr. Willys, C: John Talcot and Lt John Allyn to take the Charter into their Custody, in behalf of y^ freemen, who are to haue an oath * The Charter bears date April 23d, 16f)2, and was probably received in Connecticut early in September. The first public exhibition of it seems to have been made to the Commissioners of the U. Colonies, at their Session in Boston, (Sept. 4th-16th,) when " His Mai'^^ Letters Pattents granted vnto several Gentlemen of Coneclicut, vnder the broad seale of England, was present- ed and read." In a letter to the Government of Rhode Island, written during the same Session, the Commissioners say, " We have read and p^vsed a Charter of incorporation vnder y'^ broade seale of England, sent over the last ship, granted to some gentlemen of Coneclicut," &c. [Rec. of Oomm'rs.] A letter from the General Court of Connecticut to the Commissioners, dated August 30th, 1662, (in " Miscellanies," i. 89) makes no reference to the Charter, but proposes a special meeting of the Comin'rs, in case " any matters needfull to be considered should, at the return of our Wor. Governor and the agents for the Massachusetts, be presented." A r I 1^.^ T- r T. r?t ^^• > 'c ^ ^ ? X' ^ 3 j^ i^i>^^.3 .^' -«»" ' OF CONNECTICUT. 385 administered to them by the Generall Assembly, for y^ due dis- charge of the trust committed to them, [165] It is enacted and decreed by the Freemen, that y^ Town of Hartford for future shalbe the settled place for the convoca- tion of the Generall Assembly, at all times, vnles it be vpon occasion of epidemical! diseases, sicknes, or y^ like. The Generall Assembly of Assistants and Deputies doe es- tablish all officers in this Collony, both civill and miletary, in their respectiue places and power as formerly, vntill further order be taken. To ys respectiue Constables : — This Court doth impowre and require you forthwith vpon y^ receipt hereof, to gather into yC hands all the corne due from your Towne, to discharge the Countreyes engagem* for y^ Charter. And you are to exer- cise due care to see that you receaue 2 thirds Wheat and one third Pease, dry & merchantable. And in case any person fayle to pay at y^ time that you appoint, that then you des- treine any part of y^ estate of such person, wt^^in doors or* without; and y^ same to sell at such value as may procure corne to discharge their respectiue rates. And y^ Constables are hereby authorized to hire or press any persons, carts, boats or canooes, that may be necessary to carry or transport the Corne from y^ severall Townes to y^ vessels that are to trans- port it to N. London. And in case any of the Constables in ye respectiue Townes shall fayle of their duty herein, their es- tate shalbe destreined to make good what is expected to be dis- charged by that Constable. And the Deputies in each Towne are desired to excite the Constables to their duty in what is re- quired, and to see that there be receipts taken from ye Pinnace Masters for the whole proportion of Corne for that Towne. [166] And the Constables are to assigne ye Corne |1 vnto Mr. James Rogers, Lt Samuel Smith and Ens. Avery, as ye Coun- treyes Agents to receaue ye Corne, who are desired and ap- pointed to see ye Corne stor'd in ye Warehouse, and also to de- liuer it vnto such ship as by order from our Wor^i Gouernour is to receaue the same, and vpon delivery of ye Corne, to take vp the specialty or Bill from ye Shipmaster, whereby the Coun- trey or Colony is obliged. This Court desires Mr. Gould, Mr. Campfield, Mr. Sherman, 34 386 PUBLIC RECORDS or any two of them, to hire vessells to transport the Corne from ye seaside Townesto N: London: and Mr. W™ Wadsworth, Jon: Gilbert, Joseph Fitch, to hire vessels for this Riuer. And it is ordered, that y^ charge of transportation of y*' Corne to N: London, shall be discharged out of ye Countreyes Levy the next Spring. And what loss or miscarriage shal happen by shipwrack or other accid^s to y^ Corne in transport- [ing] shalbe borne by the whole Colony in a Generall way. This Court doth order and declare, that the Seale* that form- erly was vsed by the Generall Court shall still remaine and be vsed as y® Seale of this Colony vntill ye Court see cause to y^ contrary, and the Secretary is to keep y® seale, and to vse it on necessary occasions, for y® Colony. This Court being informed by C: John Yong and some other Gentlemen of quallity, that ye inhabitants of Southold, ye^ maior part of them, haue sent up and impowred him to act as their Deputy ;t ai^d he as their Agent, tending to submit their • [167] persons H and estates vnto this Gouerment, according [to] o"" Charter ; This Court doth owne and accept them, and shalbe ready to afFoard them protection as occasion shall re- quire : and doe advise the said Inhabitants to repair to South and East Hampton, to ye Authority there setled by this Court, in case of any necessary occasion, to require the assistanc of Authority. And this Court doth hereby eccept and declare C: John Yong to be a freeman of this Corporate and doe grant him commission to act in ye Plantation of Southold as need requires, according to his commission. And this Court doth order ye Inhabitants of Southold to meet together, to chuse a Constable for that Towne ; and C: Jo: Yong is authorized to administer oath to ye said Constable, for ye due execution of * A fac-siinile of ihis Seal, (from an imiiression on wax, in the office of the Secretary of State.) is given on the title page of this volume. tThe letter from Southold, presented at this Session of the Court, is as follows : " Southhold, October 4; 1662. Haueing notice from Mr. Willis of Conetticutt Jurisdiction, Long Island comes within yi pattint, and allsoe yt the Court is to be held att Hartford, and thither we ar desired by Mr. Willis to send oure Deputies, from these townes of Long Island : we thearfore, of Southold, whose names are vnderwritten, doe desire, and haue appoynted 0. John Youngs, toheowre Deputy ; and doe hearby giue him full powreto speake and act in oure behalph, as occasion shall serve." Signed by Thomas More, John Tooker, John Payne, John Budd, and twenty eight others. [Towns & Lands, Vol. i. No. 12.] OF CONNECTICUT. 387 his office. And we doe advice and order Cap* Yong to see that ye Minister be duely paid his meet and competent main- tenance. Severall inhabitants of Guilford tendring themselues their p^sons and estates vnder the Gouerment and Protection of this Colony, This Court doth declare that they doe accept and owne them as members of this Colony, and shalbe ready to affoard what protection is necessary. And this Court doth advise the said persons to carry peaceably and religiously in their places towards the rest of ye Inhabit'S that yet haue not submitted in like manner. And also to pay their iust dues vnto y^ Min- ister of their Towne ; and also all publique charges due to this day. This Court doth order and hereby declare all y^ Lawes and orders of this Colony to stand in full force and vertue, vnles any be cross to y^ Tenour of c Charter. [168] This Court doth order Lt Jo: Allyn to shew Capt Varlet* the Charter granted to this Colony, and to informe him that it is desired by the Court that the Honorable Lord Stevesant would not in any wise incumb^ or molest his Mamies subjects compre- hended wthin ye extent of our Pattent, by any impositions, that therby more then probable inconveniences may be pi^vented.f This Assembly doth hereby declare and informed the Inhab- itants of Westchester, that that Plantation is included in ye * Capt. Nicholas Varlet (or Varleth,) was an officer in the service of the Dutch W. I. Com- pany, and a brother-in-law to Gov. Stuyvesant. His father, Caspar Varlet, resided at Hartford, (where be died, in 1663.) A sister, Judith Varlet, was afterwards married to Nicholas Bayard, the son of Gov. Stuy vesant's sister. [Rec. of Court of Mag., iii. 2, 4 ; Rec. of Hoogh Straat church, in N. Y. Hist. Coll., New Series, I. 397.] t Capt. Varlet had presented to the General Court, a letter from Gov. Stuyvesant (dated Oct. 13th [N. S.] 1662) in which complaint was made that " one John Yonge," professing to act under authority from Connecticut, "had vndertaken (as by his seditious letters may appeare,) to diverte and revoke the English towns in this province, vnder the protection of the high and mighty Lords the Estaats Generall of the Vnited Belgick Provinces & in the jurisdiction of the Right Honnourable Lords of the W. India Compagnie settled, of their oath & due obedience vnto vs, theire lawfull Governour." Gov. S. declares that these procedings of Capt. Young, if authorized or approved by the government of Connecticut, would be regarded as "an absolute breatch and a nullification of the agreement about the limits. Anno 1650," and would give just ground to the States General and the W. India Company " to demand, and by such meanes aa they in wisdom shal thincke meete, to recover al that trackt of land between Greenwich and the Fresh River," to which they claimed a right by prior purchase and possession. He requests the General Court to return, by the bearer, their " categorical answer over & aboue the afore- mentioned JoJin Yongs seditious doings." [Colonial Boundaries, Vol. ii. No. 1.] 388 PUBLIC RECORDS bounds of our Charter granted to this Collony of Conecticut. And as it hath pleased his Matie thus to dispose of them, soe we conceaue it most conduceable to their tranquilUty soe to demeane in all things as may declare and manifest their readi- nes to subiect to his Royall will and pleasure herein. The next sett Gen^i Assembly is to be obserued on ye 2d Thursday in May. This Court doth hereby declare their acceptanc of y^ Plan- tations of Stanford and Greenwich Ynd^ this Gouerment vpon y^ same terms and provisions as are directed and declared to yfi Inhabitants of Guilford. And that each- of those Planta- t[ions] haue a Constable chosen and sworne. Richard Vowles is made free of this Corporation, and sworne to the office of a Constable for and within ye Plantat^ of Green- wich-, for ye yeare ensueing, and vntill a new be sworne. Mr. Mathew Allyn, Mr. Willys, Mr. Stone and Mr. Hooker are chosen a Comittee to goe downe to I^. Hauen to treat w*^ ye Gent: and others of o^ lo: freinds there, according to such instructions as shalbe directed to ye said Comittee by this Court. [169] Severall of the inhabitants at Southold accepted to be made free of this Colony, vnles any thing appeare to interrupt the same ; Mr. Wels, Thomas Terrey, Philemon Dickerson, Goodin Purrier, Goodm Windes, Barnabas Horton, Josph Hor- ton, Lt Glouer, Thomas Moor Sen^, Goodm Conclin, Goodm Cory, GoodiiL Reeues, Goodin Mapes, John Conclin Jun"", Jo: Paine, Rich^d Browne, Joseph Yongs Sen^, Joseph Yongs Jun"", Jer: Vayle, Jo: Curwin, Richard Terrey, Mr. Elton, Tho: Brush, John Bud, Mr. Tucker. Mr. Campfield, Mr. Gould, Mr. Sherman, are hereby appoint- ed to keep a Court at Fairfield, when they see cause, for issue- ing such controuersies as they are capeable of, according to the tenour of our Charter. Staiiford, Greenwich and West- chester haue liberty to improue the help of ye Court at Fair-, field, to issue controuersies that may arise among them for future. Mr. Willm Pitkin is desired and appointed as Attourney for ye Gener" Court, to prsecute Thomas Ford Senf, John Deming Sew, Mrs J^attimore and Thomas Hurlbut, at ye Pniculer Court to be held at Hartford on Wednesday next. OF CONNECTICUT. 389 Persons admitted to be Freemen, by this Court ; — Mr. Sam^i Talcot, Will^n Pitkins, Nathanii Goodwin, Mr. Tho: Pell, John Olmstead & John Clarke Jun"". Richard Vowles is admitted freeman and sworne to y^ office of a Constable for and within the Plantation of Greenwich, for ye yeare ensuinge and vntill a new be sworne. This Court doth hereby declare the free remission of such transgressions of the Lawes of this Colony as haue bene com- mitted by Monsieur Varlet by retaileing liquors in his life time. This Assembly doth order, that for y^ future, such as desire to be admitted freemen of this Corporation shal pi'sent them- selues with a certificate vnder y^ hands of y^ maior part [170] of the Townesmen where they liue, that they are pi'sons of civill, peaceable and honest conversation, and that they attain- ed the age of twenty one yeares and haue 20/. estate, besides their person, in the List of estate ; and that such persons, soe quallified to y^ Courts approbation, shalbe p^sented at October Court yearly, or some adiourned Court, and admitted after y^ Election at y^ Assembly in May. And in case any freeman shal walke scandalously or commit any scandalous offence, and be legally convicted thereof, he shalbe disfranchized by any of o'' civill Courts. This Court doth repeale the late order wherby the Troopers salery was prohibited and taken of Robert Vsher is ordered to be sworne to y^ office of a Con- stable in Stanford, for y^ yeare ensueing, and vntil a new be chosen. Mr. Campfield is to giue him his oath. It is ordered, that y^ Inhabitants at Mistick and Paukatuck shal from henceforth forbeare to exercise authority by vertue of commissions from any other Colony ;* and that in case of any differences that may arise, they repaire to C Wor^- Dep: Gou- erno'' for help ; and that they chuse a Constable, for the yeare ensueing ; and y^ said Constable to repaire to C" Wor^^ Dep: Go: for his oath. And they [are] required to pay vnto Mr. James Rogers, Lt Sami' Smith and Ens: Avery, for and in be- half of the charge of o"" Charter, the sum of Twenty pounds, as their Townes proportion, two thirds in wheat, at 4s., one third * See Appendix, No. IV, 34* 390 PUBLIC RECORDS in pease, at 3s., by y^ last of Novemb"" next. The Court or- ders L*^ John Allyn to send a Warrant to Thomas Stanton in ye Courts name, to attend this ord"", and if he refuse, Peter Blachford is to gather the rate and destrein according to former order. [171] C. John Yong is invested w^h ye power of a Perticuler Magestrate, within ye Plantat" of Southhold, and likewise he is authorizd to sit in Court to assist the Magestrates of South and East Hampton. It is ordered, that all ye Plantations that shalbe enterteined and embraced vnder this Gouerment, shal according to ye Courts appointment pay their due proportion of ye charge ex- pended in procuring c Charter. This Court orders ye Secretary to send to ye Plantations of Huntington, Setauk, Oister Bay, that they choose Constables in their respectiue Townes, and to take their oaths, administred to them by Capt Yong for the discharge of their respectiue offi- ces ; Thomas Wicks, at Huntington, John Ketchum, at Setauk? Mr. Rigebell, at Oister Bay. It is ordered, that all ye Plantations, on ye Island as well as on ye maine, shal attend ye established Law of this Colony for ye rule of Rateing, vnles they mutually agree to ye contrary. C. Yong is desired to giue notice to C: Silvester and L* Gardner, w*^ ye other Plantations on ye Island, that they at- tend the Generall Assembly on ye 2d Thursday in May next, to doe their duty to ye Court. This Court appoints that Wednesday come fortnight be set apart, throwout this Colony, for a solemne day of Thanksgiue- ing for ye mercies y* God hath extended to this Colony ye yeare past, and p'^ticulerly for ye good success God hath giuen to ye indeauours of o^ Hon"! Gouerno'' in obteineing o' Charter of his Maiestie c Soveraigne ; as also for his gratious answer of C" pray^ in ye late draught, in sending raine ; and for abate- ment of ye sicknes ; and for ye hopes we haue of settlement in ye waies of peace and righteousnes. This Court declares, that Hartford Traine Band shal haue ye prehemenence of all ye Companies in this Colony ; And Windsor, the 2d ; Wethersfield, the 3d ; Then Farmington. This to stand vntill the Court order otherwise. OF CONNECTICUT. 391 [172] This Court ordereth, that there shalbe free trade in all places in this Colony. And all former ord^s imposeing Cus- tomes, are hereby repealed. This Court doth declare these persons hereaft^' named, John Green, Richard Hardey, Joseph Mead, Richard Webb, Joseph Theed, Peter Pheries, to be freemen of this Colony ; and Mr, Gould is authorized to giue them ye oath of freedom, at y^ next Court in Fairfield. This Court doth order, that L* Seely shal haue Fifteen pounds paid to him out of the Publ: Treasurie, & the Countrey house set into repair at Sea Brook, and he to hue in y^ house and to take care of y^ Amunition. This Court doth order, yt a Levy of a penny p"" pound shalbe raised vpon ye estate of y^ Colony, and to be paid in wheat, pease, Indian corn or porke, at currant price. This Court grants Sea Brooke Inhabitants liberty to set vp a Ferrey at Tilleyes Point, and to take 12d. for a man & horse, and 6d. for a single person. This Court orders each Town in this Colony to chuse an able Inhabitant to y^ office of a Packf, to pack and repack all such meat as is sent forth of y^ Townes, who shalbe deposed on oath to y^ faithfuU p^formance of their respectiue offices ; w^h oath may be administred by any one Magestrate or Com- issioner. He shall likewise haue a Brand or Seale, w^^ these letters, C: R:, wherwith he shall marke each Barrel y' he packs, and for his paines he is to haue 8c?. p'' Barrell. The Treasurer is required to cause the severall Townes to levell or ballance what is behind of their Levies, or require the fines of ye Constables, and destreine it of them by the Mar- shall. Mr. Willys and Mr. Wadsworth are appointed to audit the Treasurers Accounts. This Court grants to Ens: Olmstead, of Hartford, a farme of 300 acres of vpland and 40 acr^ of meadow, if it be to be had at 20 Miles Riuer, in y" way to Moheag & N: London. This Court is adjourned vntil ye 2d Wednesday in March, vnles or Worpii Go; return and see cause to call the Assembly sooner. 392 PUBLIC RECORDa [173] At a GenII Assembly held at Hartford, March 11, 16||. Dep: Gou"': Major Mason. Assistants : Mr. Willys, Mr. Woolcot, Mr. Math: AUyn, Mr. Clark, et Sec\ Mr. Treat, Mr. Jo: Allyn. Mr. Talcot, Deputies : Will^ Wadsworth, Joseph Fitch, Edward Griswold, Josias Hull, John Nott, Samii Boreman, James Rogers, L* Sam^i Smith, Thomas Tracy, Hugh Calkin, Antho: Howkins, Thomas Judd, Nathaneel White. It is ordered by this Court, that after ye publication hereof, there shalbe free liberty of transporteinge Corne out of this Riuer, and the former restreint is hereby repealed. It is ordered, that each Towne in this Col: shal pay for y^ transportation of their proportion of the Pattent Rate, to N: London. Each Town is to discharge the costs of their owne Corne. Cap* Jno Talcot, Mr. Jo; Allyn and Thomas Tracy are ap- pointed to audit the accounts of James Rogers and L* Smith, respecting the Pattent Corne. This Court haueing duely considered the valuation of y^ es- tate of N: London, apprized by Cary Latham and William Douglas, doe judge, that they haue not attended any rule of Righteousnes in their worke, but haue acted very corruptly therein, and therfore doe order the Treasurer that he send forth his Warrant to ye Constable of N: London, to levy Four pounds vpon ye estate of Cary Latham,, and Two pounds vpon Mr. Douglas his estate, as a fine for their corupt and deceatfull act- ings therein, and fourty shillings more vpon Lathams estate, for neglecting to meet w^h ye Coma's on y^ Riuer, according to order ; w^i fines shalbe to y^ publ: Treasury. And they doe further order the Treasurer to send forth his Warrant to y^ Con- stable of N: London, to levy a Rate of a penny p"" pound vpon Eight thousand, fiue hundred pound estate, w^h yy judge to be at least y^ estate of N: London. And doe desire the said Towne of N: London to be more carefull in their choyce of List makers, for the future. OF CONNECTICUT. 393 It is ordered, that each Miller in this Collony, or owner of Mill, shalbe allowed for grinding of each Bushell of Indian Come, a twelf part, and of other graines, a sixteenth part ; pro- vided that this order shal noe way preiudice or nullify any agreem' made in any Towne, respecting grinding. [174] This Court doth herby declare, that the Treasurer shall not allow of the account pi^sented by ye Constables at Stratford, for searcheing for the Collonels, w^h sum amounts to 6/. 17s. Old. as ye Account specifieth. This Court hath granted vnto John Gilbert, one acre and half of land lying between the land of Cap* Richard Lord and ye land of C. John Cullick ; and also one acre of land, more or less, lying at ye landing place on the Rivulet ; both parcels being or lying in ye South meadow at Hartford. And the Court doth order John Gilbert to pay vnto the Treasurer, for ye Countreyes vse. Ten pounds, for and in consideration of the two acres and halfe of land granted him by this Court. This Court, vnderstanding that there is much inconvenience doth yearly ensue vpon the Constables defects in not gathering the Countrey Levies and makeing payments according to the Treasurers order, vnder pretence of a liberty to make vp their accounts by the Court, in Octob"" yearly, Doe therefore order, that the Constables, for the future, intherespectiue Plantations, shal gather their proportion of the Countrey rate and make payment therof, according to order, by the Quarter Court in June in each yeare, vpon the penalty 'of Fourty shillings fine for every defect herein, and they are also ordered to make vp their accounts w^h ye Treasurer according to former order, by October Court yearly, vpon penalty of 40s. fine for every defect herein. And the Treasurer is hereby authorized to send forth his Warrant to destreine the estates of the respectiue Consta- bles, for the payment of the fines imposed for the breach of this order. The conveyance of nine miles square made by Onkos w**" other Indians, to Norwich Plantation, is ordered to be recorded, with this proviso, that it shal not preiudice any former grant to o'' Wor^i Gouerno"" or others. Thomas Tracy and L* Sam'i Smith giue oath in Court, in referenc to laying out the bounds of ye Town of New Lon- don, that from ye end of ye eight miles, the measurer run a 394 PUBLIC RECORDS west line to y" Riuer and there they markt a tree agaynst the north end of Vnkos his fort. [175] In answer to y^ request of John Bissel Jun"", the Court doth impower the Assistants at Windsor to agree for and with another ferryman to keep the Countrey Ferry, and when they haue p'vided a sufficient man, and not before, this Court doth release John Bissell of his engagment for keeping the Ferrey. This Court by their vote gaue liberty to Mr. Pitkin to be a Councelour to plead for Thomas Burnam in his appeale to this Court. They also ordered Mr. Pitkins to g'iue in al the cheif heads of his plea before he begins to plead vpon the said ap- peale. Mr. Pitkins affirmes in Court, if he haue not liberty to make new plea besides what were made in the Perticuler Court, he wil throw vp the case and make noe more plea in it. Mr. Pit- kins recals his words, and y^ Court passeth them by and fully remits them. This Court hereby declareth their approbation and confirma- tion of the purchase of the Town of Farmington, of Fifteen acres of meadow of Thomas Wels Esq"", deceased, bounded by the Riuer north, Mr. Newton east, Mr. Howker and John Root Sen"", southwest. In reference to Thomas Burnams appeale, the Court doth iudge, that y^ Court of Magestrates had sufficient ground to call ye said Burnam to account for his actings in those matters obiected agaynst him ; and doe, secondly, approue of the P^tic- uler Courts examination of Thomas Burnam, in referenc to those things charged agaynst him before his accusation was stat- ed agaynst him in Court. Sly. This Court doth approue of the manner of y® Perticuler Courts proceeding w*h Thomas Burn- am, after his accusation was stated, as wel as before. 4. Respect- ing the sentence itself, passed vpon Thomas Burnam by the Pi^ticuler Court, this Assembly doth approue of the sentence of the said Court and see noe cause to make any alteration thereof. This Court doth approue of what y^ Magestrates haue done formerly, vpon a fame or report of misdemeanour, in calling the persons suspected of delinquency before them, and in ex- amining the case and testimonies, and doe hereby authorize the respectiue Assistants of this Colony, for the future, vpon rumours and fames, to act as aforesaid, and in case the delin- OF CONNECTICUT. 395 [176] quency appear || sufficiently proued, they may pass to sentence, according to Law. It is ordered by this Court, that in case any person in this Colony shalbe convicted and s;entenced by the P'"ticuler Court for a misdemeano"", and shal enter an appeale therein to y^ Gen- erall Court, and by the judgment of y" said Gen^ Court the said appeale be found to be causeles, the person appealing as aforesaid shal pay Fine pounds to y^ Publ: Treasury. And noe person, in case of delinquency of this nature, shal haue liberty of an Atturney to mannadge his case in any of o'' civil courts. This Court doth vpon due consideration repeale the order remitting Customes for Wines, Liquors etc., and doe establish the former order requireing the said Customes. This Court ord^s, that Mr. Steels Bill of 15/. baring date 30th of May, 1654, be deliuered vp toy^ ouerseersof Thomas Wells Esq'' deceased, for y^ vse of Mr, Fish, they paying vnto Anthony Howkins the sum of Twelue pounds, he haueing proued in Court a promis of Mr. Wels to ad to the said Howkins his wiues portion, in case her first husband Thomas Thomson had any estate come from England, and he hath made appeare that the said Thompson had to y^ value of 30/. come from England since this engagement. This Court doth hereby impower Mr. Obadiah Bruen to ad- minister the oath of a Constable to those yt are chosen Con- stables for the Township of N: London for this yeare ensueing. This Court doth recomend it to y^ consideration of the Towne of Hartford, that they would speedily consider of some way to ease the Widdow Lord of her coilion fence, it appear- ing to them yt she is burthened by mainteineing it hitherto. Thomas Bull, Thomas Bunc and James Steel are to considi^ of her greivance and report their considerations to y^ Court in May next. This Court doth grant vnto John Adams, 300 acres of land, at yp- place where his father Adams took vp land in y^ way to N: London, whereof thirty acres of meadow ioyneing to his father or Nicholas Olmsted. He relinquisheth his right at Fair- field. This Court grants the bounds of Middletown to extend four miles to y^ South from y^ meeting house, and fine miles from 396 PUBLIC RECORDS ye said house, westward ; three miles from ye Great Riuer, eastward. [177] This Court hath voted and desired the Dep: Gouernor, Mr. Math: AUyn, Capt John Talcot and L* Jo: Allyn, and for a reserue to y^ Maior, Mr. Willys, as a Comittee to goe downe to N: Hauen, to treat w^ii o'' Hono'"'! and Lo: freinds about set- ling their vnion and incorporation w^^ this Colony of Conect: And in case the Comittee cannot effect an vnion, according to instructions giuen them by the Court, that then they indeauour to settle a peace in the Plantations vntil such time as they and we may be in a further capacity of issueing this difference, and to act in referenc herevnto as they iudge most meet. William Wadsworth and John Deming Sen^ are allowed p^ the Court, hue pounds a peice for their care and paines in ouer- sight of Mr. Wels his estate. The Magestrates ord"" Sam^i Boreman to deliuer the little Bible and a paper book, vnto Amos Williams, w^h was giuen to him by his mother, and that he and Will™ Goodrich distribute the estate to y^ Creditors. This Court doth grant liberty to Sam^^ Marshall to sell hquors by retaile, but not to suffer any liquors to be drunk in his house. It is ordered, that in case the Comittee doe not issue an agreem* w^^ N. Hauen Gent: according to their instructions, before their returne, that then all propositions and instructions from ye Court, respecting vnion w^^ that people, are void and of none effect. This Court allowes vnto Mr. Rosseter, Twenty pounds, in reference to openinge Kellies child, and his paynes to visit the Dep: Gouerno'', and his paynes in visiting and administring to Mr. Talcot. Of this Twenty pounds, he hath already receaued llZ. Is. 4:d. He is to make noe further demands of any pi^tic- uler pi'sons. It is ordered by this Court, that the Customasters formerly established by the Generall Court in the respectiue Townes shal attend the worke formerly appoynted to them by order of the Court, and that each Custome master shal giue an account at Pctober Court yearly to ye Treasurer, of what Customes they receaue, and if any Custome master shal neglect to giue an account as aforesaid, he shal pay 40s. for every such neglect? OF CONNECTICUT. 397 w^h the Treasurer, shal by Warrant destreine from y^ delin- quent. [178] This Court doth order that in y^ vacancy of the sitting of the Generall Court, there shalbe a Council!, consisting of the Assistants here on the Riuer, or such as can convene, to y^ number of fiue at least, to act in emerg* occasions that con- cerne y^ welfare of this Colony. And hereby doe authorize the said Councill to act in all necessary concernments, both miletary and civill, according as the pi'sent exegents require and call for. Mr. Willys and Will™ Wadsworth are appointed to be a Comittee to order and dispose all matters to issue the busines about the Pattent Rate, and to order the repaying of Wheat borrowed from severall p^sons for the Countreys vse. This Court doth disallow of Sea Brook Constables Acco* of charges for witnesses respecting Jennings, and doe not see cause to allow the witnesses pay for their time and travaile, nor to any other vpon such accounts for y^ future. This Court doth order the Marshall to goe downe to Sea Brook, and to destrein the sum of Fifty pounds of the estate of Reynold Marvin, for y' w^h y« Countrey should haue receaued of the said Reynold for horses that he was ordered to seek vp to be sold, and for neglect in attending their ord"" herein. And respecting a mare w^^ the increase, that Rob* Chapman hath, belonging to y^ Countrey, the Marshal is ordered to seize on her, w'^^ y^ increase, or in want of her, soe much of Chap- mans estate, if he giue not an account of the sale of y® mare according to y® Treasurers order. And what estate y^ Mar- shall doth receaue or destrein, he hath power either to bring it vp, or to order prudently that it may be paid to y^ Treasurer or his order. The Town of N: London is to discharge the acco* of Thomas Tracy, at Georg Tongs, for w^ he expended in laying out N: London bounds. This Court doth appoint Capt: Nubery, Edward Griswold and John Moore to be as a Comittee, and hereby they are im- powred to lay out all those lands that ax-e yet vndevided at Mussaco, to such inhabitants in Windsor as desire and need it. [179] This Court doth declare, thai it is theire mind that the 35 398 PUBLIC RECORDS Marshal haue allowed him for every mile he goeth to serue an execution or attachm*, four pence forward and fourepence homeward. And this they iudge to be the intent of the former order respecting the Marshals fees. This Court vnd''standing that the hand of God is gone out agaynst the people at New Netherlands, by pestilentiall infec- tions, doe therfore prohibit all persons for comeing from any of those infectious places into this Colony and amongst o^" people, vntil y® Assistants are informed and satisfied that the distemp^ is allayed ; and^ that whoeuer breaks this order shal pay Fiue pound fine to y^ publ: Treasury. And if any person shal bring a vessell from thenc and land their men or goods in any har- bour in this Colony, the Master of y^ vessell shal forfeit Ten pounds to y^ Publ: Treasury. And y® Constables in each Town are hereby required and authorized to distrein the fines of such as transgress this order. And whoeuer of o"" people shal goe aboard any such vessell he or she shal pay fiue pounds to y^ Treasury for euery such ofTenc. The Constables in each Town are to informe the Masters of vessels, of this order. These vnd^^written are voted to be put to nomination at ye next Court of Election, in May ; Mr. Campfield, Edward Gris- wold, Mr. Bond. This Court doth establish and ratifie the former order sent out by the Assistants respecting the Indians, in regard of y^ in- fection of y^ Pox. [180] At a Generall Assembly of Election, held at Hartford, May 14, 1663.* Magistrates elected : John Winthrop Esq"^, Gouern''. John Mason Esq^ Dep: Gou'. Mr. Mathew Allyn, Mr. Danii Clarke, et Sec'y, Mr. Samii Willys, Mr. John Allyn, Mr. Nathan: Gould, Mr. Baker, Mr. Rich: Treat, Mr. Shermon, • The record of this and the subsequent sessions, as far as published in this Volume, are in the band writing of Mr. John Allyn. OF CONNECTICUT. 399 Cap* Thomas Toppin, Mr. Howell, Cap' John Talcot, et Treasurer. Mr. Thirstan Rayner. Mr. Woolcott, The freemen vote that the Generall Assembly shall choose Comissioners for this Corporation for the year ensuing. Deputies : Mr. Wadsworth, Jehue Burr, James Rogers, Mr. Fitch, Cornelius Hull, James Morgan, Cap' Nubery, Richard Olmsteed, Hugh Caulkin, Lnt Walter Fyler, John Gregory, Thomas Tracy, John Nott, John Clarke, Joshua Barnes, Sam^i Boreman, Robert Chapman, Philip Groues, Anthony Howkins, Robert Warner, Joseph Judson, Thomas Judd, Nath: White, This Court doe make choice of o"" Honoured Gouernour & Capt John Tallcott to be Comissioners for this Colony, for the year ensueing, and L^t John Allyn is chosen as a reserue to Capt John Tallcott, and ye Secrefy Mr. Danii Clarke to be a reserue to o"" Honoured Gouernour, to attend that seruice, if the Comissioners by accident faile of goeing. This Court being sencible of the great charge that this Colo- ny is at, by the Perticuler Courts attending the tryall and issue- ing of those differences and actions as are presented to their consideration, doe therefore order, that for the future, whateuer actions are coinenced to be tryed by a Jury, and are not w'^drawn one day at least before the Court, there shall be payd for euery such action six shillings, (besides what is due by order, to the Secrefy &. Jury,) for the use and improuement of the Court that tries the cases, for the discharge whereof the plaintife shall procure a receipt under the hand of that ordinary keeper or inhabitant that prouides for the Court, which receipt shall be deliuered unto y^ Secretary or Recorder of the Court, wherby the Court may be sattisfyed that they haue credit giuen for so much w"i the sayd ordinary keeper. And there shall be in like manner, two shiUings allowed for each action that is to be issued by the Magistrates or Commissioners. And likewise, whateuer fine is imposed by any Court for delinquency in any person, there shalbe so much of the fine abated from the Publique [181] Treasurie as may fully compleat the discharge || of the 400 PUBLIC RECORDS Courts expences, w^h the ordinary keeper or inhabitant that prouides for them. There being complaint made to this Court of the unsetled state of the plantation of Sowth-hold, by the ill cariage of seuerall persons there, This Court haue therefore desired and appoynted the Worpii Mr. Mathew Allyn and Mr. Willys, to goe to Long Island, to tak in assistance of the Magistrates at Long Island, in setleing affayres at Sowth-hold, and in examin- ing the case respecting Mr. Wells his reuolt since he took oath to this Gouerment ; and any other matters, either in setleing the peace of that Plantation or proceding against such as mis- demeane themselues, according to their deserts. Mr. Bond is chosen Comissioner by this Court, and he is hereby inuested w^h magistraticall power on the Island. It is ordered, that three pownds be allowed to the three Plan- tations of Stratford, Fayrefeild and Norwalke, towards the charge of the transportation of their Corne to New London, which sume shall be allowed out of the next Country Rate, and that the rest of the charge for those Townes be payd by the sayd Townes according to order of Court in March last, which is to be aded to the proportion of the country rate imposed upon those three Townes. This Court doth order, that the charge of keeping Court since March, 61-62, w^iun the plantations of Fayrfeild, Stratford and Norwalke, which remaines yet to be sattisfyed for, It shall be borne by the Colony in a generall way. The cost of the last Court held at Stratford is comprized in this order. And this Court doth order and hereby graunt, that there shall be liberty to keep Court at Fayrfeild, for the plantations on the seaside, once a year, unles exterordinary occation call for one more in the year. The time of their sett Court is the first Wedensday in Nouember yearly. This Court doe order & appoynt Mr. Bruen, Mr. Chapman and John Smith, of New London, a Committee to hear and de- termine the differences betwixt the Indians at Niantick and the English, respecting burning their fence, or any other complaints presented to them respecting those Indians. This Court doth impower Mr. Toppin, Mr. Gould, Mr. Sher- mon and Mr. Howell as a Comittee to hear and consider the OF CONNECTICUT. 401 busines respecting Hamonossitt, and to make reporte of their considerations to ye Court ; and likewise the case of the horss in Nicholas Clarkes hand is left according to the premises to the consideration of the sayd Comittee. This Court doth determine that Jonathan Gilberds Butt of Wine, seazed for the Countrey, to be according to the lawe established forfeited to the Countrey. This Court doth establish Jeramie Adams to be Custome Master for Hartford, and the liberty graunted unto Jonathan Gilbert by the Perticuler Court, is repealed, respecting custome- ing his owne wines, liquers, &c. Whereas this Court, upon the request of Heniy Walkely, Attourney to James Wakely, to release the sayd Henry from £182] attending the order || of the Court respecting the sayd estate, these are to declare that this Court doth release the sayd Henry from attending the sayd order, and haue returned to him the letter of attourney granted unto him from James Walkely, and the estate remaines to be ordered according as the Perticuler Court haue prouided. This Court doth determine that the land at Homonoscitt doth not of right belong unto the Towne of Seabroke. This Court doth remitt y^ Butt of Wine to Jonathan Gilbert that was seized on of his, in behalfe of y Countrey, & the Marshall doth engage to pay the Custome & to pay 20s. towards ye expence that hath been occasioned therby to y^ Countrey. Wm. Edwards charge th Mr. Daniell Clerk, for breach of his oath, unfaithfuUnesse in y^ great trust committed to him by the freemen of this Corporation, to the dishonour of God, infring- ment of ye royall perogatiue of our Soueraign Lord the King, contempt of ye authority established in this Corporation, & _abuse of the members of ye same, to such censure as he shall make appeare according to the lawes established in this Corpo- ration. Mr. Anthony Hawkins is chosen Commissioner for ye Towne of Farmington, and sworn in Court; Cap* Seely is chosen Commissioner for ye Towq of Huntington and sworn in Court; and also, Mr. Jonas Wood is chosen a Commissioner for the said Towne, and Cap* Seely is to giue him his oath. 35* 402 PUBLIC RECORDS Cap' John Young is chosen Commissioner for the Town of South hold, and sworne in Court ; and Barnabas Horton is also chosen a Commissioner for Southhold, and Cap* Young is to administer the oath unto him. This Court hath chosen Mr. Bruen and John Smith, Com- missioners for ye Town of New London, and the Worship^! Major Mason is by this Court requested to administer the Com- missioners oath unto them. These may sertify that we Richard Olmstead and Joseph Judson and John Banks, being appoynted by the Generall Court at Hartford to run the line between Stratford and Fairefeild, we accordingly haue begun at the usuall place agreed upon by ye two Townes, and haue run almost two poynts from the North poynt towards the Norwest, and run and measured to the extent of twelue miles, and also haue run the due cross line at the end, which line runs on the South side of a spruse swamp commonly called Monhantik, and so ends at the mouth of y^ Brook commonly called by the English the half way Brook, being aboue Pagasitt. Witnesse our hands, this 22 of Nouember, 1062. Richard Olmstead, Joseph Judson, Joseph Banks. This was ordered by the Court to be recorded in the Records of the Court, This Court orders, that Dorathy Lord shall maintaine so much fence (and no more) as doth belong to that proportion of meadow as was graunted to her and her husband by graunt from ye Towne of Hartford. This Court repeals the order prohibiting commerce w'h the people in or about the Manhatoes. [183] The differences at Southhampton about the land at Quaganantick, is referred to the determination of the Court in May next, and they are to improue the mowing land as former- ly, till the case be issued. This Court orders, that no person in this Colony shall buy, hire or receiue as a gift or mortgage, any parcel of land or lands of any Indian or Indians, for the future, except he doe buy or receiue the same for the use of the Colony or the benefitt of some Towne, with the allowance of the Court. This Court doth inuest Capt John Young and the rest of the Commissioners on the Island, with Magistraticall power upon the Island. OF CONNECTICUT. 403 This Court doth order, that all that are Freemen upong Long Island, and haue not taken the oath of a Freeman, shall haue the oath of a Freeman administred to them by the Magistrates and Commissioners of the Island, or any two of them. This Court haueing heard and considered the controuersie between Leiu* Rob: Sealy and the Town of Stratfoi'd, doe judge that the Towne of Stratford shall pay unto the said Sealy 25/. in some currant pay, and he to make ouer all his right and title in the lands there, to the said Towne, whether his right there be fro gift of the Towne or Indians or any other wayes; and this to be a finall issue of the controuersie, each man bearing his owne charge. This Court, haueing presented to their consideration the tur- belent carriage of Rich: Latten, doe order, that in case the said Latten do not depart the Towne of Huntington by October next, he shall be summoned to appear to answer the complaint of the said Towne, at October Court ; and the Commissioners are to take the testimonyes that concern the complaint, and send them up w^^ the said Latten to the Court. The Court chose Mr. Willys, Mr. Gould, Capt Tallcott and Cap^ Young as a Comitte to consider and draw up there thoughts and apprehensions conserning the setlement of West- chester & Stanford, and make return to the Court. This Court doth declare, that notwithstanding the uncomfort- able debates that haue been respecting the Major, that the Major stands clear and is in a fitt posture to carry on the affaires of the Court, which this Court doth desire and request him forth- with to attend, according as his place requires. It is ordered by this Court, that for y^ future, each Plantation hath hereby liberty to send their Deputyes to the Generall As- semblies in May and October, according to the tennour of the Charter, and they are not to expect any farther notice to minde them of their liberty herein, and the Deputies are to bring serti- ficates with them from the Constables, to manifest their choyce. It is ordered by this Court, that the Constables in each Plan- tation are hereby impowred to charge the watch and ward in the respectiue plantations, in the name of the authority here establisht, duely to attend there watch and ward, by walkeing in such places where they may best discouer danger by the 404 PUBLIC RECORDS approach of an enemy or by fire, which if they do discouer, they are to giue notice thereof by fireing their guns and crying Fire, Fire, or Arm, Arm. And in case they meet with any persons walking in the streets unseasonably, they are to examine them, and in case they cannot giue a good accompt of their occasions, they are to returne them to the Constable, who is to require them to appeare before a Magistrate or some Assistant, to giue an accompt of their unseasonable walking. [184] It is also ordered, that the watchmen shall duely attend to receiue their charge, at the Constables, in the evening by the shutting in of the day light, and they are not to leaue their watch before the break of the day, and whosoeuer shall be found guilty of the breach of this order shall forfeit Is. for euery de- fect herein. This Court ordered that Wm. Waller, as Renol Maruens agent, should be allowed one quarter part of this bill of 50/. as his part of the horses, and Mathew Griswold is not to trouble Wm. Waller or Renold Maruen, for any part of those horses for which the bill is made. The petition of Mrs. CuUicke was this day read ; and the Court voted, that they did not see cause to make any abate- ment of ye said bill, according as she petitioned.* This Court appoynted Wm. Wadsworth, Ens: Auery, L°t Smith, as a Committe to veiw the lands at Homonoscitt, and if they judg it be nott fitt for a plantation, and will not be uery prejudiciall to Saybrook, then they are to lay it out to Mr. Math: AUyn, Cap* Tallcott, John Allyn, Mr. Willis, and ac- cording to the graunt of the Court ; but if it be prejudiciall to Saybrook, they are to lay out what they judge right to the Towne of Saybrook and the rest to Mr. Math: Allyn, Capt Tallcott, John Allyn, Mr. Willys, Mr. Joseph Haynes or Mr. Daniell Clerk, according as the Court shall determine, as farr as it will go, according to their graunts, y^ l^t graunt to be layd out 1st, and so successiuely ; and what any two of this Com- mitte agree to, shall be a finall issue of the case. The time of meeting and attending this seruice is to be appoynted by Say- brook and the Gent: concerned, sometime in June next. * See Appendix, No. XL OP CONNECTICUT. 405 The Court in answer to the request of Thomas Forde, which was to haue some allowance in respect of his land sold to Mr. Fitch, which the said Forde forfeited to the Countrey by mort- gage, they graunted him the sume of thirty pownds. This Court appoynted Mr. Wyllys and as a Comittee to draw up a letter and send it to the Generall Court of the Massachusetts, about Paukatuck, as an answer to the letter sent to us from their Councill.* The Court haueing considered the complaint of Wm. Edwards against Mr. Clark, and hauing seriously considered the case, do find him so far falty as to put him out of the Secretary's place untill the next Election Court. This Court appoynts Thomas Minor, Math: Griswald and Wm. Waller, or any two of them, as a Comitte to hear the case depending twixt Uncass and the Inhabitants of N: London, respecting lands, and to make report to the Court in October next, what they find in the case. This they are to attend be- tween this and the end of June next. This Court remitts Gary Latham and Mr. Duglas fine, w^h was imposed upon them by the Court in March, for there trans- gression in making their list. This Court orders, that Rob: Usher and John Meggs shall continue in the place and office of a Constable ouer those that haue submitted to this Gouerment in there respectiue Planta- tions, untill the Court see cause to alter otherwise, and all those that haue submitted are to attend the former order made in Oc- tober Court last. The Court noted, that they would not send the Patent nor coppy thereof to be read at New Hauen. [185] This Court orders, that the letter drawne up by the Committe to the Manadoes, be drawn out fair, and sent to the Lord Stephenson.t and signed by the Secretary in the name of the Court, as allso the letter to West Chester. This Court orders Mr. Willys and John Allyn to draw up a Letter to the Genii Court of y^ Massachusetts, in refference to Pawkatuck & Mistick, and to desire a return. •The letter from Massachusetts, (of Mar. 8, 1662-3,) and the reply of the Committee are in "Towns & Lands," Vol. I, Nos.44 & 45. t Stuyvesant, 406 PUBLIC RECORDS This Court appoynts L^t Rob: Sealy to be the cheife miletary officer in Huntington, to exercise theire trained souldiers. This Court ordered that Cap* John Young should haue 5Z. allowed him for his seruice on the Island last year. This Court ordered that Richard Pontons charge at Hartford should be born by the publike Treasury. This Court orders that Southhold shall haue and enjoy the same priuiledges as Southhampton doth by uertue of their com- bination. This Court chose Ln* John Allyn, SeCy for the Colony, un- till the next election, and he was sworn in Court. This Court graunts unto the Major o"" WorpH Dep'ty Gou- ern', 500 acres of land for a farme, where he shall chuse it, if it may not be prjudiciall to a plantation allready sett up or to sett up, so there be not aboue 50 acres of meadow in it. The Court orders that those freemen that were presented to the Court in October, from Norwidge, shall be accepted and sworn by o^ WorpH Deputy Gou"". The Court orders Mr. Math: Allyn and Mr. Willis to write to Setawkit, and settle businesse there, according as they judge best. The Court also accepts of those freemen p'sented from N: London, and orders Mr. Bruen to administer the oath unto them, whose names are Sam^^ Roggers, Miles More, Mihell Rice. The Court is adjourned untill the 3d Wedensday in Aug^t, unless the Gou"" come to us sooner and see cause to call the Court together. At a Meeting of the Councill, July 10*'\ 1663. The Councill doth desire and appoynt Cap* John Tallcott to go down to West Chester, and if the eleuen Queries concerning West Chester do appear to be sufficiently proued in the affirma- tiue, then the said Cap* may and is herby ordered to administer the oath of a Constable unto him whome the Inhabitants shall desire and chuse to that seruice, if he approues of the person ; and he hath herby liberty to establish a Serj"* in the said Town. And it is desired that Cap* Tallcott would be pleased to en- deauo"" to settle thinges in the Town of West Chester, in as OF CONNECTICUT. 407 peaceable a manner as may be. The forsaid Queries are upon the file. The Secretary allso is ordered to send a Letter to the Inhab- itants of Narraganset in the name of the Councill, and to signify to them, that Mr. Richard Smith Sen"-, Cap' Edw^ Hutchinson and Lnt Jos: Hews are appointed select men at Mr. Smiths tradeing howse ; and Mr. Rich: Smith Jun' is appoynted Con- stable for the said Town, and Mr. Rich: Smith Sen"" is to ad- minister an oath to him for a faithfull discharge of his office. It is ordered, that the Plantation aforesaid shall for the future be called by the name of Wickforde. The Coppy of the Letter to Wickford, hangs upon the file. [186] At a Session of the Gen^i Assembly holden at Hartford, the 19'1» of AuG^t, 1663. Assist's: Maior John Mason, Dep* Gou"": Mr. Mathew Allyn, Mr. Henry Woolcott,- Mr. Sam" Willys, Mr. Dan" Clark, Capt John Tallcott, John Allyn & Secy. Deputies : Wm. Wadsworth, Tho: Tracy, Mr. Rob: Chapman, Capt Benj: Newbery, Ln^ Walter Fyler, Sam^^ Boreman, James Rogers, John Nott, Mr. Jos: Fitch. Hugh Calkin, Nath: White, This Court doth desire that those Freinds appoynted to keepe the Charter do allso receiue the Duplicate into their custody, and keep it in behalfe of the Freemen of this Corporation ; and the Worshipfull Gouernour is desired to deliuer the s^ Dupli- cate to the said Freinds, or either of them. This Court doth nominate and appoynte the Dep: Gouerno^, Mr. Willys, Mr. Dan" Clarke and John Allyn, or any three or 2 of them, to be a Committe to treat w^h c honoured freinds of N: Hauen, Milford, Branford and Gilford, aboute setling their union and incorporation w^^ this Colony of Connecticut ; and they are impowred to act according to the Instructions giuen to the Comitte sent to New-Hauen in March last; and in case 408 PUBLIC RECORDS they cannot effect a union, they are hereby authorized publikely to declare unto them that this Assembly cannot well recent their proceeding in Ciuill Gouerm* as a distinct Jurisdiction, being included within the Charter graunted to Conecticut Cor- poration ; and likewise they are publikly to declare that this Assembly doth desire and cannot but expect that the inhabit- ants of New Hauen, Milford, Branford, Guilford and Stanford do yeild subjection to the Gouerm*^ here establisht according to the tennor of o"" Charter, which is publiquely to be read in New Hauen. This Court being sencible of the great inconueniency that may com to the members of this Colony by Indians walking up and down the Towns, in the night season, to buy liquers, doe order, that whatsoeuer Indian shall be found walking up and down in any Towne in this Corporation, after the day light shut- ting in, except he giue sufficient reason, shall forfeit twenty shillings, fifteen shilHngs to the Publiq' Treasury, and five to the person or persons complaining and proueing the same, or else be seuerly whipt six stripes at least ; and any one Assist* or Commissioner hath power to hear and issue any such complaint. And if any Indian shall be found in the night season transgress- ing this order, the Assist^^ or Commissioners, or any one of them, may secure them, by setting a watch upon them or by committing them to prisson for a try all y^ next fitting oppertu- nity. This is to be published to the Indians in or about each Towne. Wm. Blumfield appeales from the sentence or judgm* of the Court held at Hartford, June 15, 63, to the judgment and deter- mination of this Assembly. The Comitte appoynted to view Hommonoscit, returned a writing under their hands, dated June 3, 1663, wherein they expresst that according to their best judgment it will make a comfortable plantation for the entertainment of thirty families to subsist comfortably. The Comitte were Wm. Wadsworth, Sam^i Smith, James Auery. John Clow Junr presented a Petition to the Court for the planting of Homonoscitt, and engaged to pay 105. to the Treas- ury for it,* according to order. * i. e. for the presentation of ihe Petition; according to the order of May, 1662. p. 381. OF CONNECTICUT. 409 Corporall Marshall is to haue 2/. payd him by the Treasurer and deliuer the horse to the Treasurer, and this to be a finall issue of the case. [187] This Court hauing considered Wm. Blumfeilds appeale, w^h the [ ] therof", doe order that Mr. Rogers shall pay unto Blumfeild the summ [ ] pounds in currant pay, and Mr. Rogers to keep the mare and bull and [ ] as his proper estate, and discharge Mr. Louelands debt and pay the cost [of ihis'\ Court, and the first Court his case was in tryal. Blumfeild is to pay the char[ges of] the special Court.* This Court orders the Secy to draw out the letter which was read in the [Court,] and subscribe it in the name of the Court, and send it to Cap* Hutchinsonf and his [ ] This Court haueing considered the request of Tho: Forde, by their vote d[eclare] that they see no cause to give Goodman Forde the six pownds od, that he d[esires] in refference to his land at Podunck, now in Mr. Jos: Fitches hand. This Court orders, that the land at Homenoscitt be reserued for a plantation. This Court orders that the planting of Homonoscit be reffered to October Court. At a Session of the Generall Assembly at Hartford, [October] the 8th, iqq2, John Winthrope Esq^ Gou"". Major John Mason Esq"", Dep: Mr. Math: Allyn, Mr. Henry Woolcott, Mr. Sam" Willys, Mr. DanH Clarke, Mr. Rich: Treat, John Allyn, Cap* John Tallcott, Mr. Sherman. Deputies : Mr. Wm. Wadsworth, Capt Ben: Nubery, Mr. Jos: Fitch, Lnt Walt: Fyler, Samuel Boreman, John Nott, * The corners and outer margins of the two leaves of the original record, paged 187 to 190, are much worn and defaced. On pages 187 and 189, the whole or a part of the words termi- nating each line is torn off, or has become illegible. t A letter from Capt. Hutchinson and the other proprietors of the Narragansett lands, with a copy of the reply from the General Court, are in " Colonial Boundaries," Vol. I. Nos. 9 & 10. 36 410 PUBLIC RECORDS Mr. Anthony Hawkins, Thomas Jud, Mr. Jehu Bur, absent; John Bankes, Phihp Groue, Mr. Math: Camp- feild, Nath: White, Rich: Olmsteed, absent ; Ens: Joseph Judson, absent ; Wm. Cheny, Tho: Tracy, Tho: Lepping- well, James Rogers, [James] Morgan, Mr. Rob: Chap- man, Wm. Waller. This Court desires and appoyntes Mr. Mathew Allyn, Cap<^ Ta[llcott,] Lnt Clark, as a Comitty to treat w^h the Gent° come from the M[anhatoes] about the matters in controuersie be- tween this Corporation and the D[utch] at Manhatoes,* and in case Mr. Clark comes not down to the Court, y^ [Secretary to] supply Mr. Clarkes place. John GrifFen haueing made appeare to this Court that he was the first [ ] the art of making pitch and tarre in these parts, doe order that the [said] GrifFen shall haue Two hundred acres of lands (where he can find them) between Massacoh and Warranoake, wherof there may be forty acres of [meadow,] if it be ther to be had and be not prejudicial! to a plantation, and not [formerly] graunted. The list of estates were presented to this Court, as foUow- eth:— Ye persons and estates of Hartford, 18917. 06. 00 Ye persons and estates of Windsor, 16683. 00. 00 * With a view to an amicable adjustment of the differences between the New Netherlands and Connecticut, respecting the towns upon L. Island, and the territory between Stamford and Westchester (inclusive of the latter plantation,) to which both Jurisdictions laid claim, Gov. Stuyvesant sent commissioners to Hartford, with full powers " for the composinge and deter- myninge of all further diffrences in question." In a letter to the General Court (dated Oct. 13, 1663, N. S.) Gov. S. writes, " I therefore thought meete and needfull for the prevention of fur- ther troubles, to send the bearers, our lovinge friends and intrusted agents, Cornelys van Ruy- ven, our faithfull Secretary, Oolvoost Stevenson van Cortland, burge master off the city Am- sterdam in New Netherland, and John Lawrence, marchant," &c. [Colonial Boundaries, ii. 6.] The Committee appointed by the General Court did not assent to the propositions submitted by the Dutch Commissioners, and the latter returned to the iManhadoes, without having attained any satisfactory result of their mission. A correspondence ensued between the General Court and Gov. S., in which the question of jurisdiction was discussed, without however arriving at any positive result, until the claims of the Dutch Government were summarily disposed of, by the occupation of N. York by the English in 1664, and the grant to the Duke of York, — which by the decision of the Royal Commissioners, in Nov. 1664, was made to include the whole of Long Island. The letters of Gov. Stuyvesant, with the propositions of the Dutch agents, and those of the Committee of the Gen. Court, are in ' Col. Boundaries,' Vol. ii. Nos. 3-13, See also, the Journal of the Dutch Commissioners, printed in Hazzard's State Papers, ii. 623-633, from the original in the State Department at Albany. OF CONNECTICUT. 411 Ye persons and estates of Weathersfeild, 12258. 10. 00 Ye persons and estates of Farmington, 07044. 00. 00 Ye persons and estates of New London, 07185. 11. 00 Ye persons and estates of Norwalke, 04420. 05. 00 Ye persons and estates of Middletowne, 03017. 00. 00 Ye persons and estates of Norwidge, 02571. 00. 00 Ye persons and estates of Stratford, 09579. 03. 00 Ye persons and estates of Fairfeild, 11030. 09. 08 Ye persons and estates of Saybrook, 08000. 00. 00 Mathew Griswold and Wm. Waller and Tho: Minord are appoynted to [ ] the west bounds of New London, and Ens: Tracy and James Morgan or [ ] whom the two towns of N: London and Norwidge do appoynt are to se[ ] they are to begin at some sutable place as they shall judge m[eet, so that] they may haue as much land without as their is sea [ ] Timothy Phelpes and Samuel Buell are [propounded to] be made free of this Corporation, according [to order of Court] [188] Serjant Tho: Minor repairing to this Court for aduice, what he should doe or how he should behaue himself to any in the place where he Hues that doe pretend authority there ; This Court doth aduise him to carry it peaceably towards them, and at present to be a patient in the case, though they injure him; this Court engageing to see the said Serjant Minor wrighted for any wrong that he either hath or shall receiue upon this acco*, prouided he attends the directions of this Court, W^ is that he obey noe authority at Mistick & Pawcatuck but what is or shall be establisht there by this Assembly. It is ordered by the Court, that the letter drawn up to the Director Gen^i at the Manhatoes, be sighned by the Sec^y in the name of the Court, and sent to the said Generall. This Court doth accept of the town of West Chester as a member of this Corporation, being rece'd and accepted as such by o"" Councill formerly. This Court doth declare that all the land between the sayd West Chester and Stanford also doth belong to the Colony of Connecticut. This Court doth desire and appoynt the Major and John AUyn and Mr. Bruen, to keep a Court at New London, for the 412 PUBLIC RECORDS issuing of such matters as shall be presented to their considera- tion ; they are to appoynte the time. This Court appoynts Ens: James Auery a Commissioner, to joyne w^h Mr. Bruen at New London. This Court appoynts Mr. Edward Gishop a Commissioner for the Towne of West Chester, and he is inuested with Magis- traticall power in that Plantation, untill y^ Court in May. Sworn, in Court. This Court doth appoynte the Secy to draw out the Letter faire, that was read in the Court, and subscribe it in the name of the Court, and send it to Deacon Parks, by him to be pre- sented to y^ Gouerni" and Gen^i Assembly of the Massachusetts. This Court orders, that the last Wednesday of this Instant October be set apart throughout this Collony for a solemn day of Thanksgiuing for the mercyes God hath extended to us the year past, in the return of o' Honoured Gouernof, the recouery of c Deputy Gouern'^ out of his late sicknesse, the plentiful! haruest, the seasonable abatement of the waters, and continu- ance of peace and health amongst us. This Court graunts a rate of a penny on the pound, to dis- charge the Countrey's debts. This Court upon the petition of John Tompson, do request Mr. Jones, Mr. Hanford and Mr. Wakeman, to haue a hearing of the difference between the Church of X* at Stratford and the said Tompson, and to aduise them to the best meanes for an issue therof. This Court desires and appoynts Mr. Gouernour, Mr. Math: Allyn, Mr. Willys and Cap* Tallcott, or any three of them, to con- sider what is meet to be attended in reffrence to Mr. Hopkins his estate, by him bequeathed for to be improued for y^ promoting of learning, and to make reporte of there thoughts the next Court. Tho: Hunt, John Quinby, Rob: Huested, Nicholas Bayley, Rich: Ponton, Sam'i Mills, Mr. Rich: Mills, are accepted to be made free, according to order of Courte. Simon Huntington, Tho: Adgatt, John Post, Tho: Post, Wm. Baccas, Thom: Blisse, John Renols, John Calkin, Jonath: Rice, John Birchard, are accepted to be made free, accoi'ding to order of Court. Ens: Steel, John Norton, John Clerk, Joseph Woodford, OF CONNECTICUT. 413 Tho: Judd, John Judd, John Woodruff, John Root, John War- ner, Tho: Hart, are to stand for their [ ] at the Court in May next, for their freedome. [189] Lnt John Bud is appoynted Commissioner for the Town of Hastings, and is inuested [with] Magistraticall power within thehmits of that Town. Rich: Vowles is appoynted Constable for the Town of Hast- ings, and Mr. Bud is to g[iue him his oath.] This Court doth approue of Deacon Stebbing and Ln* Tho: Bull paying what doth [appear] to be due from Mr. Hopkins estate to Mr. Bournes or Mr. Dallye, with what [ ]ency may bee. It is ordered by the Court, that Math: Griswald, Wm. Waller and Tho: Minor or [any two] of them, shall settle the bounds between the Town of New London and Uncas, [ ] deter- mine what Uncass shall haue for those of his lands that fall within the [ ] that by the Court haue been confirmed upon the Towne of New London, and issue [ ] case fully, a Munday come four weeks, or as soon as may be. Frances Brown was sworn Constable for Stanford, in the Court. Wheras the Court haue formerly graunted Mr. Sam: Stone, of Hartford, a farme, [for his] good seruice to the Countrey both in Pequett warr and since, do now graunt and con[firme] to Mr. Sam'i Stone his son and Mrs. Eliza Stone, the relict of Mr. Sam^i Stone, deceased, [in] lieu of the former grant, 500 acres of upland and 50 or sixty acres of meadow, [where] they can find it, prouided it be not prejudicial to any plantation set up al[ready] or place fitt to make a plantation. This Court appoynts Sam^i Boreman and James Steele to lay out the bounds [of the] Towne of Middletowne, according to their former graunt, and the [Towne] of Middletowne is to pay the charge therof. This Court doth leaue the determination of the business respecting [ ] entertainm* of the plantations on Long Island, and the difference between [us] and the Dutch, with the Councill, who are to consider and issue the forementioned [par- ticu]lars, as soon as they haue a return from the Dutch Director Genii or a fort[night] hence, and the people of the Island are to 36* 414 PUBLIC RECORDS haue a coppy of the proposalls presented [by] the Gen'^s Mes- sengers. This Court appoynts John Hurd and Joseph Judson to lay out the bownds [of the] Town of Fairfeild, between them and Norwalk, according to their [former] grant ; and the two Townes are to beare the charge. This Court doth desire and authorize the Council! to draw up and send letters of [ ] to his Majesty or any Noble personages in England, as they see cause. This Court doth approue of what the Perticular Court did at South H[ampton] September, 1663, and do desire and appoynte the Assis'^s of South & East Hampton to see that execution be attended according to the determination of the said Court ; and in case there be any occasion for the future, the Assises of South and East Hampton are hereby impowered to go ouer [to South-] hold and keep Court there and deal with all persons (that carry it refractory in the sayd place,) according to lawe ; and espe- cially they are desired to consider of Mr. Wells his ill carriage ; and in case they cannot sup [press] such ill disposed persons there, they may and are hereby authorized [to send'\ ouer any such person or persons to the Goal here at Connecticut. Tho; Tappin is appoynted to joyne with the aforesaid Assists. This Court doth authorize the Court at Southhold to issue the [ ] respecting Pepper, now in durance there, and to send him to Bar[badoes] or banish him, according as the nature of the offence [requires.] [190] This Court doth judge that Seabrook hath no right to Hommonoscitt. This Court doth declare that the former act about Homonos- citts not being a plantation is hereby reuoaked ; and the former order, that it should be a plantation is to stand. The Court doth appoynt S. Willys, Mr. Woollcott, and Wm. Wadsworth as a Commity for the ordering of the plantation at Homonoscitt. Mr. Willys, Mr. Gould & Ens: Tracy are appoynted by this Court, as a Committy to issue the businesse respecting John Notts appeale. Ln^ Lewis doth request this Court for a Farme. OF CONNECTICUT. 415 This Court doth order a rate of farthinge & half farthinge upon the pownd, to be paid within 3 weekes, in wheat, for the compleating the charge about procuring the Charter ; and the Constables of each Town are to gather the same, and prouide for the transportation of the same to New London, within a month. This Court doth declare that they can do no less for their own indemnity then to manifest c dissatisfaction w^^ the proceed- ings of the plantations of N: Hauen, Milford, Brainford &c., in their distinct standing from us in poynt of Gouerm* ; it being di- rectly opposite to the tennor of the Charter lately granted to o'" Colony of Connecticutt, in w^h Charter these plantations are included. Wee allso do expect their submission to o"" Gouer- ment, according to o"" Charter and his Majestyes pleasure therin exprest, it being a stated conclution of the Com^s that Jurisdic- tion right allwayes goeth w'^ Patent. And whereas, the afoars^ people of New Hauen &c. pretend they haue power of Gouer- ment distinct from us, and haue made seuerall complaints of wroungs receiued from us, we doe hereby declare that o'' Coun- cill will be ready to attend them, or a Committee of theirs, and if they can rationally make it appear that they haue such power, and that we have wrounged them, according to their com- plaints, we shall be ready to atend them w^^ due sattisfaction. (Ye Gou""^ absent w" this vote passed. ) The Court appoynts Mr. Willys and the SeCy to draw up a Letf to N: Hauen Genti, and inclose this act of the Court in it. The return of the Comitty concerning John Notts appeale is^ that the land in controuersie between Mr. Russell and the Towne of Weathersfeild doth belong to Mr. Russell, and is confirmed by the Court upon him ; This Court remitts Mr. Russells forfeits for his non recording of his land, all but 51; and this to be a finall issue of the busi- nesse between Mr. Russell and John Nott and the Town of Weathersfeild. In answer to the petition of those English Plantations near the Dutch ; — This Court being desirous to maintaine his Majes- ties just interest and the peace of his subjects, and yett to attend all wayes of righteousnesse, that so we may hold good corres- pondency with o"^ neighbours of the Manhatoes, do herby de- 416 PUBLIC RECORDS clare that they will for the present forbear to put forth any au- thority ouer the English Plantations on the westerly end of Lono- Island, prouided the Dutch forbear to exercise any coer- ciue power towards them ; and this Court shall cease from far- ther attendance unto the p^mises, until there be a seasonable return from the Generall Steuenson to those propositions that his messengers carryed with them, or untill their be an issue of the differences between them and us. [191] And in case the Dutch do unjustly molest or offer vio- lence unto them, we do hereby declare that we shall not be willing to see o^ Countrey men his Maties naturall borne sub- jects, and his Matins interest interupted or molested by the Dutch or any other, but we shall adres Cselues to use such just and lawfuU meanes as God shall in his wisdome offer to o' hands for their indemnity and safety, untill his Ma^ie o' Soueraigne Lord the King shall please to declare his Royall pleasure for their future settlement, they carrying themselues peaceably and inoffenciuely. The Court is adjourned to the 2^ Thursday in March, except the Gouerno"^ or Councill see cause to call it sooner. This Court doth thankfully acknowledge the fauor the Gou- ernr hath shewed to this o"" Colony, in his great paynes in pro- cureing c Charter of his Matie o'' Soueraigne, and doe hereby discharge him from those seuerall summes of mony that he hath rec^ of the Colony ; And the Worpii Gouernor doth hereby discharge and acquitt the Colony of Conecticutt from all farther claimes for his paynes and charge about the premises. At a Session of the Gen^i Assembly at Hartford, March 10th, 1663. John Winthrop Esqf, Gou"". Assis". Mr. Allyn, Mr. Woolcot, Mr. Willys, Mr. Clark, Mr. Treat, Mr. Allyn, et Sec'y. OF CONNECTICUT. 417 Deputies : Mr. Wadsworth, Tho: Judd, John Nott, Mr. Fitch, Mr. Jehu Burre, Wm. Cheny, Capt. Newbery, John Bankes, Tho: Tracy, Lnt Fyler, Nath: White, Tho: Leppingwell, Anth: Hawkins, Samii Boreman, Mr. Rob: Chapman. This Court doth order that the charge and expence of Mr. John Tinkers sicknesse and funerall shall be payd by the Pub- liqe Treasury, which is 8 : 6 : 4. This Court doth nominate and appoynte Mr. Willys and Cap* Tallcott to take the Marshalls acco* of what he hath expended on the Contreys acco*, to the Dutch agents. This Court upon a consideration of a petition presented from seuerall of the proprietors of the lands on the East side of the Great Riuer, in refference to fencing the said lands, doe ther- fore see meet to desire and order the said proprietors in the seuerall Townes, to consider of the aduantages and disaduan- tages that may accrew to the Publique in the premises, and to p^sent their apprehensions and determination of y^ m[ajor] part of the said proprietors at the next Gen^i Assembly, in May. This Court orders Tho: Edwards and the rest of the inhabit- ants at Hockanum, all aboue sixteen yeares old, to take some speedy oppertunity to make two Bridges, the one ouer the Brook at the place called Sadler Ordnary, the other at Frog Brook, where may be most sutable ; in each Bridge to lay three Trees, so hewed that they may be sufficient for horses to passe safe ouer. Thomas Edward is to ouersee the work, and is em- powered to call the rest of the pi'sons forth to performe the work, according to the Courts expectation herein ; and the Court allowes ten shillings towards the work, out of the Publiq' Treas- ury; it is to be finished before May Court. They are to mark out the way from y^ Common way to the Bridge at Frog Brook. This Court doth remitt John Betts fine of 30s. This Court understanding that trouble is like to ensue upon the apprehension of seuerall inhabitants amongst us respectinge the priuiledge of Freemen, and who are to make choyce of Dep- utyes and publiq' officers in the Corporation, for preuehtion wherof, doe declare and order, that only such as haue been or 418 PUBLIC RECORDS shall be orderly admitted freemen of this Company, by the Gen^i Assembly, shall haue their votes in chooseing Deputyes and other publique officers for the Corporation, as Gouerno"^* Deputy Gouernor, Magistrates. [192] This Court, upon good advise, doe see cause to take of the sequestration formerly laid upon the estate of Edward Hop- kins Esq"", w^h for seuerall good reasons was laid under restreint, partly because an authentick coppy of the will of y^ s^ Edward Hopkins Esq"^ did not appeare for y^ orderly dispose thereof, and partly because an attested Inuentory of the said estate hath not as yett been exhibited to this Court, yett now being hope- lesse, because of the discease of Cap*^ John CuUick, to obteine the said Inuentory, this Court doth order as before mentioned. This Court grants license to John Westall, to sell wine and liquers by retaile in his house, so he do not suffer men to tipple in his house contrary to lawe, but attends the contrary orders in that respect. This Court orders, that the letter w^^ the warrant and in- structions to the Marshall respecting Mr. John Scott, that haue been read in the Court, shall be attended. This Court orders that the bownds of Seabrook shall be six mile and an half from the Neck gate, westward. This Court doth grant liberty to Mr. Thomas Pell to buy all that land of the Indian proprietors between West Chester and Hudsons Riuer, (that makes Manhatoes an Island,) and lay it to West Chester, prouided that it be not purchased by any be- fore, nor in their possession. This Court desires Mr. Henry Woolcott, Mr. Willis and Mr. Wadsworth, to go to N: London to assist the Major in keeping a Court at N: London, the l^t Wedensday in Aprill next. This Court desires the Deputyes of Fairfeild to signify to the Towne of Norwake that the Court will state the bounds be- tween them and Fairfeild, the next Session in May. To pi'uent future inconueniences that may arise between Saybrook and Homonoscitt plantations, and for a full issue of the case, this Court orders that the bounds between y^ said plantations shall be where the common passage ouer Manunke- tesek Riuer is, and so to run north into the Country and south into the sea. The former vote concerning the bounds of these OF CONNECTICUT. 419 plantations is retracted. Mr. Rossiter, Mathew Griswold and Joh: West are to lay out the bowndes according to order of Court. This Court orders, that the Towne of New London shall pay unto Ens: Waller, Mathew Griswald and Thomas Minor what is due unto them for laying out the bounds of N: London; to Ens: Waller, for two voyages, 155. ; to Math: Griswold, 15s.; to Thomas Minor, w* is his due, at 35. a day, himself & horse. This Court grants unto Mr. Mathew Allyn, liberty to take up that meadow at Catch, beyond Goodman Bissell, on the East side of the Riuer, and what upland he pleaseth, so he exceeds not his former grant. What Mr. Allyn takes up at this place is to go onwards of his former grant ; and Edward Griswald and Josias Hull are appointed to lay out this land for Mr. Allyn, he paying of them for their paynes. This Court grants Mr. Phelps, 200 acres of upland and twenty of meadow, wher he can find it ; prouided it prejudice not for- mer grants and plantations sett up and to sett up. The Deputies of Saybrook presenting to this Court their in- tendments to set up a plantation on the East side of the great Riuer, and also maintayn a plantation on the West side, and desireing some enlargm* of their bounds, this Court haueing considered their desires, do enlarge their bownds, fower miles on each side of the Riuer northward, prouided they do make two plantations, as afores^, within the space of three yeares from the date hereof; and also, o"" Honor*' Gouernor haueing made choyce of the Brook that runs into the great Riuer, near Twelue Mile Island, to sett a saw mill on, and a cedar swamp near adjoyning to the said brook or riuer, by vertue of a former grant. May 21th, 1653, this Court graunts it to him, according to his former grant, and excepts it in the forementioned grant to Seabrooke. This Court doth nominate and appoynt these to be put to y^ election, at May Court next, for Assists; Cap' Ben: Newbery, Anthony Howkins, Capt Young, Mr. Fayrchild, Mr. Edward Palmes. [193] This Court orders, that if any person in this Colony shall refuse or neglect to giue in a true acco^ of any sorte of his Cattell to the Listmakers or their agents, when demaunded, in 420 PUBLIC RECORDS the respectiue Townes, or shall leaue out any parte of them, he shall forfeit for euery such defect the estate left out, the one half to the Publiq' Treasury, and the other half to the person discouering the same, and prosecuting it to effect. The Church of Christ at Winsor complaynes of James Enoe and Michaell Humphrey, for seuerall things contayned in a pa- per presented to the Court. Mr. Clarke, in behalf of the Church complaynes of James Enoe and Michaell Humphrey for a mis- dameanor, in offering violence to an establisht law of this Col- ony. Mr. Clark withdrawes this charge. This Court grants liberty and impowers the Major to take the conuenient time, and what assises he judgeth meet, to pur- chase what land he can of the Indians for the use and benefitt of the CoUony of Connecticutt. This Court, for the encouragement of any person that will lay out himself for the discouery of any mines or mineralls &c., doe order, that whosoeuer shall make such discoueryes, and purchase it for the Countrey, he shall be hono^'ably rewarded, out of what he doth discouer as aforesayd. This Court hauing seriously considered the case respecting James Ennoe and Michaell Humphrey, doe declare such prac- tises to be ofFensiue, and may proue prejudiciall to the wellfare of this Collony, and this Court expects they will readily come to the acknowledgment of their error in the paper by them pre- sented to the Church, wherupon the Court respitts and remitts the sensure due for their offence, prouided answerable reforma- tion doth foUowe, expecting that their lenity therein will winne upon the spiritts of those concerned in this case. And this Court doth approue of the pious and prudent care of Windsor, in seeking out for a supply and help in the ministry, Mr. War- ham growing ancient ; and do order all persons in the sayd plantation to allow their proportion towards the competent maintenance of such a supply in the ministry. And the Court desires a friendly correspondency may be maintayned at Wind- sor, as if this trouble had neuer been ; this Court declaring their readyness to mayntayne all the just priuiledges of all the mem- bers of this Corporation. It is ordered by this Court, that y^ p^ticulars complayned agaynst Mr. John Scott, be drawn out and sent downe to the OF CONNECTICUT. 421 present ciuil officers, the conseruators of the peace of his Mamies subjects at New Hauen, Milford, &c., and fully declared unto them, and to demand the said officers, in the Kings name, to apprehend or cause to be apprehended the body of the said Scott, and peaceably to deliuer him unto the custody of C Mar- shall, that he may be brought unto a tryall at Connecticutt, and that he may be proceeded w^h according to law, and in case the said officers neglect or refuse to attend o"" demand herein, that then we doe charge them as being guilty of abetting and con- cealing a malefactor, therby preuenting the execution of justice, and so o"^ officer to returne and declare their answer under the hand or hands of such officer or officers to whom the demand is made, unlesse they refuse to declare their answer in writing. To all his Ma^'es Subjects within these parts of c Royall Soueraigne Charles, King of England, Scotland, France & Ire- land, his Dominions in New England in America, especially those plantations scituate wt^in the limitts of the Corporation of Connecticutt, These presents doe declare and proclaime, (as followeth :) That forasmuch as John Scott, inhabitant w^^^in the Liber- tyes of Ashford (alias Setawkit,) on Long Island, stands charged in the Court at Connecticut for sundry hainous crimes and practises seditious, to the great disturbance of the peace of his Maties subjects on the Island aforesayd; perticularly, as follow- eth, — 1. Speaking words tending to the defamation of the Kings Majesty ; 2diy. Seditious practises and tumultuous carriages in seuerall Plantations ; 3^h. Abetting and incouraging the natiues in hostile prac- tises against one another ; [194] 4. Vsurpeing the authority of the King in tendring to pardon treason, as Scott called the crime, for bribes; 5. Threatning his Ma^'es subjects with hanging and banish- ment ; 6. Grosse and notorious prophanation of God's hoi)- day ; 7. Forgery, and violation of his solemne oath ; 8. Acting treachourously to the Colony of Connecticutt ; 9. Usurpeing authority, upon pretence of a commission ; 37 422 PUBLIC RECORDS 10. Calumniating a Commission officer in this Corporation, w*^ the charge of villanous and felloneous practices ; We doe therfore in his M^ies name desire and expect all and euery ciuill officer who are conseriiators of the peace of his Mamies subjects within the Plantations of N: Hauen, Milford, Brainford, Stratford, Fairefeild, &c., whersoeuer the said Scott is resident, forthwth upon receipt and knowledge of the con- tents of the premises, to apprehend or cause to be apprehended the body of the said Scott, and peaceably to deliuer him unto the custody of o' Marshall, Jonathan Gilbert and his aiders, that so he may be conducted securely to Hartford, that so the said Scott may come to a due triall according to law, for the crimes herein specified, according to his Mamies Commission to this Corporation of Connecticutt. God saue the King. You are hereby authorized, and in hisMa^i^s Name required, upon the surrendry made of ye body of John Scott unto yo'^ custody, by any of the ciuill officers within the plantations of N: Hauen, Branford, Milford, Stratford, Fairfeild, &c., to bring the s<^ Scott under safe conduct to the goal at Hartford, there to be secured to a triall for seuerall crimes laid to his charge ; and you are further required to make diligent enquiry wher the said Scott is resident, and hauing certaine intelligence, you are forthwith to repair to the ciuill officers or officer in that Towne, and to open the declaration, or proclamation, and the same to read unto them, or otherwise cause him to know the contents therof, and so to demand his answer ; and if he or they shall neglect or refuse to obserue and attend what is therin demand- ed, desire him or them to signify the same unto Authority here establisht, and hauing receiued the answer you are to return unto yo"^ habitation and giue in the accompt of jo^ pi'ceeds to the Worpii Magistrates at Hartford. You are further required to desire and demand a speedy answer from the officer or offi- cers to whom you apply yourself for Scotts apprehending ; and in case the answer be unessessarily retai^ded, you are, in this Courts name to charge the said officer with abetting and con- cealing a malefactor, therby obstructing the course of justice. But in case Scott be gone beyond Stratford Riuer, you are to OF CONNECTICUT. 423 attend the execution of yo"* office by apprehending the said Scott and conducting him safely, as before exprest. March 19*^. It is voated in the Genii Court that John Gil- bert shall be allowed Eleuen pownds out of the Publique Treas- ury, for and in consideration of his horse that dyed in the Countrey's seruice. This Court have voated Mr. Willis and Mr. Math: AUyn to go ouer to Long Island to settle the Gouerm* on the West end of the Island, according to the aggreemt at Hempsted, in Feb"" last ; and those Gentlennn are desired to issue the matter twixt J: Scott & Bloomer. And they are farther desired to take in vv^th them the assistance of the Commissionrs in those Townes, for the regulateing of any disturbances, as occasion is p'sented. [195] The seuerall propositions propounded to the Court for Answer, by Walter Salter. 1 Qu: Whether we are taken by Patent right, or not ? 1 A: The Lines of Connecticutt Patent extending to the ad- joyning Islands, and y^ Townes on the west end of the Island applying themselues to this Gouerm* for rule and pi'tection and settlemt in Gouerm*, and declaritiuely expressing the same by their Deputies at Hempsted, in Feb: last, upon the grounds foregoing we declare our acceptance of those Townes under the Gouerm' of Connecticutt. 2 Q: Whether this Court ownes and will mayntayne the Commission of Mr. Allyn,, and what he hath done upon the west end of Long Island ? An: In refference to the p^secution of the settlem* of Gou- erm* in those Towns by Mr. Allyn, and the issue that was aggi'eed on by him, w^h the Assembly at Hempsted, as specified in a writing wti» us, wherein the Deputyes of the seuerall plan- tations there, in behalf of y^ s*! Townes, expresse their joynt submission to this Gouerm*, we do own and accept those Townes under o"" present care and gouerm*. 3 Q: Whether by what Mr. Allyn brought from Long Isl- and, Connecticut hath power to command us, or not ? An: We judge according to what is returned to this Assem- 424 PUBLIC RECORDS bly by Mr. Allen, so farr as we can creditt the coppy attested by Anthony Waters, nominated to be Clark of the Assembly at Hempsted, that this Assembly hath power to require obedience of the persons in those Townes to the authority establisht by o"^ Royall Soueraigne Charles the 2^, in the Corporation of Con- necticut!. These Answers were voted by the Court. This Court doth order that y^ 2^ Wedensday in Aprill next, be solemnly kept a day of publique humiliation, throughout this Collony, to seek to God that he would graciously be pleased to smile upon us, and succeed the labors and endeauo^ ^ of his peo- ple, in the occasions of the ensuing yeare ; that health may be continued amongst us, that peace and truth may be establisht amongst c^selues and throughout his Matins Dominions. This Court votes that Mr. Aliens charges of Mr. Clark, which were presented to the Court, are not proved by Mr. Allen. Mr. Allyn, Cap* Tallcott, Mr. Willys, John Allyn. The Magistrates order the Secretary to giue Mr. Hicks a coppy of the pi'clamation against Mr. Scott, and to insert that the plantations of the Island are required by their officers, to act as the plantations of N: Hauen, Milford, Stratford, &c. in the mayne, in refference to the apprehending of Mr. Scott ; and Hicks is to haue the exemplification. The Magistrates doe also desire and aduise the Inhabitants of Hempsted, in case Thomas Rushmore do continue to oppose the Gouermt of Connecticutt, to chuse an able and judicious man to the office of a Constable, and Mr. Hicks to administer the oath to him, they haueing first displaced the sayd Rush- more. And it is also ordered, that all the inhabitants in the English Townes on the west end of Long Island, yeild obedience and submitt to the Gouerment of those officers that were chosen by the respectiue Townes according to the aduise of the Collony of Connecticutt ; and all pretended officers are to stand by. of connecticut. 425 [196] At a Generall Assembly held at Hartford, May THE 12t'i, 1664, FOR Election. These are to be put to y^ election: — John Winthrop Esq^, Major Mason Esq^, Mr. Mathew Allyn, Mr. Samuell Willys, Mr. Richard Treat, Mr. Nathan Gold, Capt Thomas Topping, Cap* John Tallcott, Mr. Henry Woolcott, Mr. Dan^ Clarke , John Allyn, Mr. Sarn^i Shearman, Mr. John Howell, Mr. Thirs- tin Reynor, Cap* Benja: Nubery, Mr. Antho: Howkins, Cap' John Younge, Mr. Tho: Fayrechild, Mr. Edw: Palmes, Mr. Bond, Mr. Mulford. These were elected by the freemen : — John Winthrop Esq"", Gou""". Major Mason, Dep*: Gouernr. Assist". Mr. Math: Allyn, Mr. Henry Woolcott, Mr. Sami- Willys, Mr. Dan" Clarke, Mr. Richard Treate, John Allyn <^ Sec^y, Mr. Nathan Gold, Mr. Samii Shearman, Capt Thorn: Topping, Mr. John Howell, Capt John Tallcott Sf Treasurer, Cap* John Younge. The freemen voted that the Gen^i Assembly should chuse the Commissioners for the year ensueing. The Deputies of the Court are : — Mr. W. Wadsworth, Nath: White, Rich: Olmsted, Mr. Wm. Gaylerd, Mr. Joseph Fitch, Rob: Warner, Samuel Boarman, Mr. John Bissell, Ens: Auery, Mr. Thorn: Pell, John Nott, Barnabas Wines, Thom: Hallsey Sen^, John Bankes, Mr. Rich: Woodhall, Hugh Calkine, John Jessop, Cary Latham, Mr. Anth: Howkins, John Standly, Capt: Seely, Mr. Tho: Fayrechild, Ens: Judson, John Ketcham. Mr. Campfield, John Norton, John Jud, Sam^i Buell, Timothy Phelps, Tho: Jud, Mr. Hamlin, Sam^i Olcott ; — these were made free in Court. Mr. John Hicks, Mr. Rob: Coe, Capt John Coe, Mr. Wm. 37* 426 PUBLIC RECORDS Hallett were appoynted by the Townes to which they doe be- long to attend the Court.* This Court orders, that in case the Gouernour or Deputy Goun'', after y^ Genii Assembly is once constituted, should by reason of sicknes or other speciall occations be absent from the Court, that then the Court chuse one to act as Moderator in y^ Court, both in ordering speech and silence, and in putting things to vote. This Court doth nominate and appoynt these to be Comission- ers in the respectiue Towns to which they doe belonge ; — Mr. Anthony Howkins, for Farmington ; Mr. Campfield, for Nor- walke ; Mr. Rob: Chapman & Mr. John Clark, for Saybrook ; Mr. Bruen & Mr. Palmes, Ens^ Auery, for New London ; Mr. Fayrechild, for Stratford; Mr. Burr, for Fayrefeild ; Mr. Jessop, for Westchester. [197]t They are to repair to the next Magistrate to be sworn, and they are invested with Magistratical power in the several towns. Zerubabell Phillips appeals from the particular Court at South Hampton, December pt, 1663, in the action of trespass com- menced against him by Joseph Reyner, concerning a pit was digged in the common, whereby he was damnified ; the appeal is to the General Court, but now withdrawn. This Court doth nominate and appoint Mr. William Pitkin, in the behalf of this Colony, to be their Attorney, to implead any delinquents in the Colony, till October next. This Court desires the Major, Mr. Wolcott, Mr. Clark, Mr. Sherman and John AUyn, to keep the Court on Monday next, for the trial of such cases or complaints as shall then come un- der hand, or be presented before them. Whereas his Majesty hath been graciously pleased to con- firm unto this Colony, by Charter, all that part of his dominions * Mr. John Hicks, was from Hempstead ; Mr. Robert Coe, from Jamaica ; Capt. John Coe, from Newtown ; Mr. Wm. Hallett, from Flushing. tHere occurs the first, and it Is believed the only break in the original records, so far as they have been transcribed. A leaf containing pages 197 and 198 has been torn from the volume, — when, or by whose agency, cannot now be ascertaind. The loss is comparatively recent, since the volume was entire so late as 1810, when it was copied by direction of the General Assem- bly and under the supervision of the Secretary of State. From that copy, which is generally accurate, the missing pages have been supplied. OF CONNECTICUT. 427 in New England bounded as in the said Charter is expressed, with the Islands adjoining, This Court doth declare, that they claim Long Island for one of those adjoining Islands expressed in the Charter, except a precedent right doth appear, approued by his Majesty. This Court doth desire and request the WorshipfuU Gouern- our, Mr. Mathew Allyn, Mr. Willys and Captain Young to go over to Long Island, and to settle the English plantations on the Island under this Gouerment, according to instructions given them. The aforesaid Committee are hereby authorized to erect and constitute Quarter Courts, or appoint other fit seasons for the keeping of Court for the administration of justice, that all cases may be tried according to law, (life, limb and banishment ex- cepted,) and to do their endeavours so to settle matters, that the people may be both civilly, peaceably and religiously governed in the English plantations, so as they may win the heathen to the knowledge of our Lord and Saviour Jesus Christ, by their sober and religious conversation, as his Majesty, our Lord the King requires in his gracious Letters Patents granted to his subjects here in this Colony ; and in case of crimes of a capital nature, they are to haue liberty to take the opportunity of the Courts of Fairfield or Hartford ; the like liberty they have in case of review ; they may also give oath to those that are ac- cepted by this Court for freemen on the Island, and to do what else they judge may conduce for the good of the Colony. This Court orders, that those who were propounded for free- men by the Deputies of Norwich, in October last, shall have the freeman's oath administered unto them, by the Major ; And that those of West Chester have the oath administered unto them by Mr. Jessop ; And that those of Farmington have the oath of freedom ad- ministered to them by Mr. Hawkins; This Court having ac- cepted of the persons presented by the Deputies of the aforesaid towns, as freemen. This Court accepts Barnabas Wines Jun^, Richard Benja- min, Caleb Horton, Benjamin Horton, Thomas Hutchinson, Thomas Moore, Jeffery Jones, for freemen, and Captain Young is to administer the oath of freemen to them. 428 PUBLIC RECORDS This Court accepts John Burr to be made free, and Mr. Gould is hereby authorized to administer the oath of freedom to him. John Teed, Edward Hornett, Samuel Titus, Thomas Jones, William Williams, Samuel Ketcham, Joseph Whitman, Thomas Brush, Caleb Curwithee, Joseph Bayley, John Rogers, Samuel Wood, Thomas Workes, Henry Whisson, James Chichester, Henry Ludlow, Thomas Scuddor, John Samwayes, Thomas Powell, Jonathan Rogers and Isaac Piatt are accepted to be made free, and the Commissioners of Huntington are to admin- ister the oath of freedom to them. Captain Seely and Mr. Wood are appointed Commissioners for Huntington, and Captain Seely is to administer the Com- missioners oath to Mr. Wood. Ensign Avery is authorized to administer the oath of a Com- missioner to Mr. Bruen and Mr. Palmes. Mr. Woodhall and John Ketcham are appointed Commis- sioners for Setawkett ; and were sworn in Court. Mr. Thurston Rayner is by this Court chosen a Magistrate, and Mr. John Howell is to administer the oath to him for the faithfull execution of his office. Mr. Mulford and Mr. Bond are appointed Magistrates for East Hampton, and Mr. John Howell is hereby authorized to administer the oath to them, for the faithful execution of their places. This Court doth make choice of Barnabas Horton for a Com- missioner for South Hold, and Capt. Young is to administer the oath to him. Mr. Barton, Henry Bering, Robert Ackerly, John Jener, Zach: Hawkens, Ralph Hall, are accepted to be made free. This Court doth nominate Mr. John Hicks and Mr. Richard Gildersleave Sen"", Commissioners for the town of Hempstead : And Mr. Robert Coe and Mr. Thomas Benedict, Commis- sioners for Jamacoe : And Capt. John Coe and Mr. Richard Betts, Commissioners for Newtown : And Mr. William Hallett and Mr. Wm. Noble, Commission- ers for Flushen : And Mr. John Rickbell and Robert Ferman, for Oyster Bay, are Commissioners : OF CONNECTICUT. 429 And Mr. James Hubbard and Mr. William Wilkins, for Graves-inn. This Court invests the several Commissioners on the Island with Magistraticall power on the Island. This Court appoynts Tho: Minor and Ens: Tho: Tracy to lay out the bounds between Saybrook and New London, according to former grants ; and they two are to begin their measure at some indifferent place by the riuer side ; prouided if any land be layd out to any of Saybrook, within the bounds of New Lon- don, they shall hold their perticuler propriety to those lands, payeing their just dues to the Towne of New London.* Ensign Avery engageth to pay ten shillings to the Treasurer for New London Petition. The Court refers it to the next session of this Assembly to grant commission to the several commission officers of the Foot and Horse throughout this Colony, and desire that it may be then attended. Mr. Daniel Clark was by this Court confirmed Captain of the Troop. And Mr. James Richards is confirmed Leiftenant of the said Troop, by this Court. This Court confirms the order respecting the penalty laid upon those that neglect or refuse to give in a true account of all sorts of their cattle to the List makers, which order was made March 10th, 1663. Mr. John Hicks, Mr. Robert Coe, Capt. John Coe, Mr. Wil- liam Hallett, had the Commissioners oath administered to them, in Court. For Hempstead, This Court accepts of Richard Gildersleave Sen"", and Richard Gildersleave Jun"", Mr. Foredum, John Car- penter, Edward Titus, James Pine, Thomas Carle, Thomas Hicks, John Smithman, Jeremiah Wood, John Smith Jun', Henry Persell, William Scuddine, William Yeats, Robert Mur- uen, to be freemen, if they accept of it. For Jamaicoe, Mr. Walker, Thomas Benedick, Henry Witny, William Smith, Joseph Smith, Dan Penton, John Bayless, Fulk Davis, Thomas Benedick, are accepted as freemen, if they ac- cept it. * The orthography of this order is made to conform to a copy of it certified by Secretary John Allyn, in 167=2. [Towns & Lands, I. 98.] 430 PUBLIC RECORDS For Newtown, Mr. Loveridge, Richard Betts, Samuel Toe, Caleb Loveridge, Ralph Hunt, John Burrows, John Ramsden, Nicholas Carter, Gershom Moore, James Christy, are accepted as freemen, if they accept of it. For Flushin, William Noble, Elias Watty,* Walter Salter, Richard Weller, John Thorne, Nicholas Persell, Thomas [ t] Jonathan [ f ] William Salsbee, John Heeded, are accepted as freemen, if they accept it. [199] This Court made choyce of the WorpH Gouernour and Mr. Math: Allyn for Commissioners for the year ensuing ; Mr. Willys is appoynted for a reserue. This Court doth grant liberty to the Marshall to retaile wine, vntill some other be provided to supply w^h wine, that the Court approues of, or the Court call in this lycense ; he attending the order in the premises. The Court made choyce of Jonathan Gilbert for Marshall for the year ensueing. May 19. The Court is adjourned till to morrow eight of the clock. The Major & the Com^s of New London are desired to take a speedy course to secure the fine due from Clay, and to issue any misdemeanor" at New London or Saybrook as speedy as may be, and the Major may desire some other help if he sees it necessary. This Court doth appoynt Mr. Wadsworth & Mr. Fitch to make an addition to the prison house, so as they judg meete for the conueniency of the Countrey, vpon the Countreys acco*. This Court upon due deliberation doth order, that all the es- tate of Mr. John Scott w^hin this Colony be sequestred vntill the Court order otherwise ; and y^ Comics in the seuerall Townes are hereby ordered to take an exact Inuoyes of all the sayd Scotts estate as remaynes in their respectiue Townes, and see it be secured and kept from imbezelment dureing the Courts pleasure. This Court orders that Mr. Hagborns vessell that Ralph Parker and Sam: Chester prized at one hundred pounds, shall be delivered at that prize to Ln* Bull, (for Mr. Russels vse,) by ♦ Doughty 1 Eliaa Doughty had been a Magistrate in Flushing, the year previous. t These blanks occur in the copy of 1810. OF CONNECTICUT. 431 the Constable of New London, to answer in part the verdict of the Court that Ln* Bull, as Mr. Russels attourney, recouered agnst Samuel Hagborn ; and for the remaynder of the verdict, the Constable of New London is to secure the person of the sayd Hagborn untill he doth produce some currant reall estate to answer y^ verdict, which estate when it is produced, it is to be apprized by Ens: Auery, Mr. Palmes, Shepherd Smith, Mr. Duglass, or any three of them, and the estate to be deliuered to Lnt Bull as afoarsayd. The bills are to be returned agayne to Mr. Hagborn, that are in the Constables hand, and when the debt is answered the sayd Hagborn is to be releassed. The Court is adjourned till the Gouerno^, or Dep: Gouernour see cause to call it agayne. May 24tii: 1664 : The Councill order the Treasurer, in those Warrants that now he sends forth to Long Island for the Rate, should be payd in Wheat and Pease, or that which is equiu- olent. [200] At a Generall Assembly held at Hartford, Octob^ 13th, 1G64. John Winthrop Esq^, Goun"", Major Mason, Dep* Gou''. Mr. Mathew AUyn, Capt John Young, Mr. Sam" Willys, Mr. John Howell, Mr. Henry Woolcott, Mr. Sam^i Shearman. John Allyn, ^ Secrefy. Deputies : Mr. Wm. Wadsworth, Francis Griswold, Mr. Jos: Fitch, Mr. Thomas Fairchild, Capt. Benj. Nubery, Mr. Isack Nichols, Mr. John Moore, Mr. Rob: Chapman, John Nott, Ens: Wm. Waller, Sam^i Boreman, Thomas Hunt, Mr. Antho: Howkins, Lnt John Budd, Sargt John Standley, Sargt Wm. Cornwell, Mr. Cornel: Hull, Wm. Cheeny, Mr. John Bankes, Ens: James Aucry, 432 PUBLIC RECORDS Mr. Math: Campfeild, Mr. James Rogers, Ln* Rich: Olmsteed, Mr. Wm. Chesbrough. The Major propounding to the Court to take up his former grant of a farme, at a place by the Indians called Pomakuck, neer Norwich, The Court grants liberty to him to take up his former grant in that place, upon the same tearms as it was granted to him by the Court. Ens: Thomas Tracy and Francis Griswold are appoynted to lay it out, according to the former grant. Whereas, Mr. Wm. Thomson, of New London, is remoueing himselfe from thence to Virginia, and is indebted by Bills the sume of Twenty nine pounds, seven shillings and fower pence, which Bill is in the hands of John Packer, This Court orders the Constable of New London to secure so much of the estate of Mr. Thomson in his hands, as it shall be apprized by indiffer- ent men, and the sayd Constable is to keep it in his hands, till he hath order from this Court or the Court of Magistrates, to dispose of it to the right owner which is according to Mr. Thom- sons tender to the Court of Magistrats, Octob'' IV^, 1664. This Court orders, that if any officer or soldier shall neglect or refuse to attend the command of their chiefe comander in any parte of the time of their exercise, they shall forfeit for euery such defect two shillings, which the dark of the band is hereby authorized to distreine, which fine is to be improued for the use of the company, and in case they haue not where w^^all to pay there fine, the officers are hereby impowered to cause such other punishment to be inflicted upon them as the nature of there of- fence shall deserue. The list of estates presented : — For Hartford, 19365 : 18 : For Stratford, 10227 : 11 : For Windsor, 16763 : 00 : For Fayrefeild, 11746 : 11 : For Wethersfeild,11987 : 02 : For Norwalke, 5230 : 17 : For Farmington, 07021 : 11 : For New London, 8040 : 60 : For Norwidge, 03892 : 00 : For Say brook, 8397 : 12 : For Middleton, 03583 : 06 : For Fayrefeild, John Bur, Rob: Turny, John Knowles, Joseph Lockwod, Rob: Beecham, Simon Crowch, John Barlow Sen^, John Barlow Jun"", James Euarts, Peter Cooly, Thomas Sher- wood, Wm. Heyden, John Growman, Francis Bradley, John OF CONNECTICUT. 433 Hoite, Steuen Sherwood, Nath: Burr, Rich: Lyon, Mr. Wake- man, Thomas Bennit, Thomas Wilson, James Bears, John Odill, Sam^i Morehouse, Thomas Morehouse, Mathevv Sherwood, Richard Hubbell, were accepted to be made free, and Mr. [201] Gould II and Mr. Sherman are appoynted to administer the oath of ireedome to them in [ ] next, if nothing fall in as a just exception in the interem. For Norvvalke, Danii Kellog, Math: Maruen, Thomas Betts, Mark Senssion, John Bouten, Edward Nash, Thomas Lupton, are accepted to be made free, and Mr. Campfeild is to adminis- ter the oath of freedome to them in May next, if nothing fall in as a just exception against either of them in the interrem. This Court orders, that all dwelling houses and barnes, shall for the future be exempted from the list of estates, and all other houses except warehouses. For Farmington, Wm. Corbett is propownded for a freeman. This Court doth grant Mr. John Westall a lycense to keep an ordinary or house of enterteinment, at Saybrook. This Court appoyntes Ens: Waller to act as an administra- tor w*^ John Clarke Sen^" in the ordering and disposall of the estate of Joseph Clarke, according to his will. This Court orders Sam'^ Boreman, Mr. Chester & Sam^' Wells to dispose of the estate of Math: Williams his wife, for the payment of what debts are due from the estate, so farr as it will goe. This Court orders that Colonell Nichols, and the rest of the Coral's be presented w^h fiue hundred bush: of Corn, as a pres- ent from this Colony. This Court abate John Prentice halfe his fine of fiue pownds, &; he is to pay ten shillings for his petition. Mistick & Pawcatuck haueing by Mr. Cheesbrook petitioned this Court for their fauoure to pass by their offences, the Court haueing considered the same doe hereby declare that what irreg- ularities or abusiue practices haue proceeded from them, where- by they haue seemed to offer contempt to the authority here established, it shall be forgiuen and buryed in perpetuall obliu- ion and forgetfuUness, and this to extend it selfe to all y^ mem- bers of the afoarsayd plantation, Captayn Denisononely except. 38 434 PUBLIC RECORDS ed, "whoe hath neglected or refused to submitt himselfe peacea- bly to the order of the Councill of this Colony. This Court expects and orders that Mistick & Pawcatuck doe present a true list of their estates to the Treasurer, wthin, the space of a moneth, and that they be rated according to their proportions, for this year and the last, w*^ other Townes ; they are to take a list of all the cattell that they had in August last, and those cattell that are left out of their list shall be forfeited, which is according to order of Court ; and they are allso to pay twenty pownds, which is their proportion of the Patent rate. This Court grants Sam^i Gibbs a lycense to sell nine or ten quarter caske of Wine, by the gallon, to his neighbours or those that will buy it ; and he freely presents the Court w^h an anchor of the best of his wine, which the Court desires him to leaue wth the Gouernour. The Court appoynted Mr. Campfeild, Deacon More, Mr, Fayrechild, Mr. Hull and Ln* Olmsteed, as a Comittee to ripen the busines respecting the calfe in controuersie between Mr. Lord and Dan^i Cone, whoe returne that they haueing veiwed the sayd beast and the evidences of both sides, doe iudge it to be Mr. Lord's steare. The Court confirmes this y^ determina- tion that the stear doth belong to Mr. Lord. The Maior testifyeth that Vncass did beat out Sunckquasson and his men out of theire country in a just warre (as Mr. Haines and the Major conceiued,) and deliuered vp his right from Tomheganomset upwards to the English, whoe gaue the sayd Sunckquasson and his men leaue to hunt to that Brooke ; and there was a parcel of land at Wonggum reserued for the pos- terity of Sowheage. The Court orders that Vncass his couenant about the Pe- quitts &c., and his right to the lands at and about New London, shall be duely considered by the Court, and issued (as allso Quinibage lands,) in some conuenient time the next Court. Major Mason testifyes that James, alias Allums, did (before Vncass and many other Indians) in his presence affirm that he had giuen all his land to old Mr. Winthrop. It was at the same time when they receiued a letter from Mr. Endicott, wherein he thankt him for land they had giuen him. OF CONNECTICUT. 435 [202] This Court doth hereby impower Mr. Wm. Cheesbrooke, Mr. Thomas Stanton and Mr. Thomas Minor, to issue and determine all cases that shall be brought before them, to the value of forty shillings, to grant summons according to lawe to any that desire it, to summon men to appeare before them or at any Court in this Colony, and to marry persons, and punish for criminall matters to the value of forty shillings, or by stocks. This Court doth nominate and appoynt Major Mason, Mr. Math: Allyn, Mr. Willys, Capt: Tallcott, Capt: Newbery, or any three of them, to be a Committee in the behalfe of this Colony to use their endeauours to issue and setle the bownds of the Colony between the Bay and vs, and Road Island and vs, and o"" Sowth bownds ; and this Court doth order and deter- mine that the sayd Committee shall not giue away any parte of the bownds of or Charter ; and what c Committee shall doe in the premises, according to this order, is hereby rattifyed and confirmed. Mr. John Allyn is to attend this seruice in the ab- sence of the Major or his Father. Mr. James Richards was admitted a freeman of this Cor- poration, and accordingly the oath of freedome was administred to him. Mr. Danii Clarke refuseing to accept of the place of an Assist, Mr. James Richards was chosen an Assis' for this Col- ony, till the election in May next, and had the oath administred to him. Mr. Allyn Sen^ or Jun>-, Mr. Gold, Mr. Richards and Capt: "Winthrop are desired to accompany the Gouernour to New Yorke, to congratulate his Majesties Honourable Corn''s. And if an oppertunety offer itselfe that they can issue the bounds between the Dukes Patten & o^s (so as in theire judgments may be to the satisfaction of the Court) they are impowred to attend the same. Mr. Howell and Capt: Young are desired to atend the same seruice. The Court orders that Mr. Clarkes paper left in Court shall be giuen to him, or his name rasd out of it by the Secretary. The Court grants a rate of two pence farthing upon the pound, for all the rateable estate of the Colony. This Court leaues it w^^ the Councill to appoint a fitting season for a day of Thanksgiueing. 436 PUBLIC RECORDS The Court doe order that the Committee that doe goe to New Yorke shall consider Case his businesse The Court, upon the complaint of Dan^i Garrad that Mr. John Scott made an escape from him, being in his debt for dyat and time tending on him, twelue weekes, and for other expen- ces, This Court grants him ten pownds for it, out of John Scotts estate, if he can com at it, and Capt: Young is desired to help him to it. This Court grants Mr. Pitkin, Twenty Nobles, out of Mr. Scotts fine, for his paines in prosecuteing the sayd Scott. This Court grants Mr. Sam^i Sherman a farme of two hun- dred and fifty acres of land upon New Hauen Riuer, whereof fifty acres may be meadow, so it be out of the bounds of the Towne. This Court grants Mr. Math: Allyn liberty to take up a lott at Homonoscitt, though he doth not goe to dwell on it, and en- joy it, him and his heirs foreuer. This Court orders that Ln^ Bud continue in his place of Com*' for Hasting and Rye, vntill the Court order otherwise, or the Goun"^ and Gent^i that goe to New Yorke. This Court orders the Treasurer by his Warrant to require the Constable of Sowthhold to gather a rate upon the inhabit- ance of the saide Towne, to the same value as he doth on the Towne of East Hampton. [203] A letter was drawn up and sent to East Hampton, the contents whereof were as followeth : Gent°: Respects being presented, these lines are to acquainte you that we are informed by persons of creditt, that there is a mare of Sowth Hampton shott (by some of your inhabiiance, as is supposed,) which (if it be true) we cannot but look at it as very vnneighbcurly, and doe desire that such unneighbourly and unchristian motions be forborne for the future, and desire that due sattisfaction may be made for such damage as the owner of the mare receiues by her being shott, w^i^out any suits of law. We doe allso desire that you would be pleased this winter season to provide and make a sufficient fence about your improueable lands, that soe you may secure your labour from damage by cattell, (water-fences will not be judged suffi- cient, where it is passable for cattell w^'^out swiming, at low water,) and in the mean season, that you doe not exact dam- age, or trouble men by impounding there cattell, vntill you haue made a sufficient fenc about your feilds, not els. Desiring your OF CONNECTICUT, 437 complyance w'*^ o'' desires in the premises, we rest, Your as- sured freinds, The Geii'i Assembly of the Colony of Conecti- cutt. Signed p^ their order, p'' me, John Allyn, Secrefy. This Court desires and appoyntes Mr. Sherman and the Secrefy to goe to New Haven, &c. and, by order from this Court, in his Majesties name, to require all the inhabitance of New Hauen, Milford, Branford &, Guilford, Standford, to sub- mit to the Gouerment here established by his Majesties gracious grant to this Colony, and to take there answer. And they are hereby authorized to declare all the present freemen of New Hauen, Milford, Brandford, Guilford & Standford, that are qualifyed according to lawe, to be freemen of this corporation, soe many of them as shall accept of the same and take the freemans oath. And they are hereby authorized to make as many freemen as they shall by sufficient testimony finde qual- lyfyed, according to order of Court, in that respect, and to ad- minister the oath of freedom to them. They are also to declare, that this Court doth inuest Wm. Leete Esq^, Wm. Joanes Esq"-, Mr. Gilbert, Mr. Fenn, Mr. Crane, Mr. Treat, Mr. Lawes, w^h Magistraticall power, to assist in the Gouerment of those plantations and the people thereof, according to the lawes of this corporation, or so many of theire owne lawes and orders as are not contradictory to the tenc of our Charter, vntill May next ; and if any of these aboue named refuse to accept to gouern the people as afoarsayd, then Mr. Shearman and the Secrefy are hereby authorized to appoynt some other fitt persons in there roome, and to adminis- ter an oath to them for the faythfuU execution of the trust com- mitted to them. And to declare that all other military and ciuill officers are established in their respectiue places, vntill the Court in May next. And they are allso, by order from this Court, to declare that they will not call to acco* what hath formerly passed to an is- sue in their courts of judicature. This Court desires Mr, Allyn and Mr. Richards to attend the searuice that Mr. Shearman and the Secrefy were to attend at Standford. (This Court vnderstanding by a writing presented to them 38* 438 PUBLIC RECORDS from seuerall persons of this Colony, that they are agrieved that they are not interteined in church fellowship ; This Court haueing duely considered the same, desireing that the rules of Christ may be attended, doe commend it to the ministers and churches in this Colony to consider whither it be not their duty to enterteine all such persons, whoe are of an honest and godly conuersation, haueing a competency of knowledg in the prin- ciples of religion, and shall desire to joyne w^h them in church fellowship, by an explicitt couenant, and that they haue their children baptized, and that all the children of the church be accepted and accord reall members of the church, and that the church exercise a due christian care and watch ouer them ; and that when they are growne up, being examined by the officer [204] in the presence of the church, || it appeares, in the judg- ment of charity, they are duely qualifyed to perticipate in that great ordinance of the Lords Supper, by theire being able to examine themselues and discerne the Lords body, such persons be admitted to full comunion. The Court desires y* the seuerall officers of y^ respectiue churches, would be pleased to consider whither it be not the duty of the Court to order the churches to practice according to the premises, if they doe not practice w*^^out such an order. If any dissent from the contents of this writing they are de- sired to help the Court w^i^ such light as is w^^ them, the next Session of this Assembly. The Court orders the Secrefy to send a copy of this writing to the seuerall ministers and churches in this Colony. The Court is adjourned till the Gouernour or Dep: Gouer- nour see cause to call it againe. At a Generall Assembly held at Hartford, Aprill 20th, 1665. John Winthrop Esq'', Gounr. Mr. Math: AUyn, Mr. Henry Woolcott, Mr. Samii Willys, Lnt James Richards, Mr. Rich: Treat, Lnt John Allyn, Sed'y. Capti John Tallcott, OP CONNECTICUT 439 Deputies : Mr. William Wadsworth, Mr. Isack Nichols, Mr. Joseph Fitch, Mr. John Clarke, Capt Benj: Nubery, Mr. George Clarke, Deacon John More, Sarj* Wm. Cornwell, Samuel Boreman, Wm. Cheeny, John Nott, Tho: Cooke, Mr. James Rogers, Mr. Robert Chapman, Mr. Anthony Howkins, Mr. James Bishop, Ens: James Auery, John Cooper, Sarj: John Standley, Ln^ Sam'' Swaine, Mr. John Bankes, John Wilford, Mr. Cornel: Hull, John Fowler. Mr. Thomas Fayrechild, S^ Robert Carr, Colonel Georg Cartwright, Samuel Mauerick Esqrs, his Majesties Honourable Com""^ propositions were pre- sented to this Court and read, and are as followeth : 1. That all householders inhabiting this Colony take the oath of allegiance, and that the administration of justice be in his Majesties name. To this we returne, that according to his Majesties pleasure exprest in o"" Charter, o"^ Gouernour formerly hath nominated and appoynted meet persons to administer the oath of allegiance, whoe haue, according to their order, administred the s^ oath to seuerall persons allready ; and the administration of justice amongst us hath been, is and shall be in his Majesties name. 2d. Propos: That all men of competent estates and of ciuill conuersation, though of different judgments, may be admitted to be freemen, and haue liberty to chuse or to be chosen officers, both military and ciuill. To the 2d, our order for admission of freemen is consonant w^h that proposition. 3. Propos: That all persons of ciuill Hues may freely injoy the liberty of their consciences, and the worship of God in that way which they thinke best, prouided that this liberty tend not to the disturbance of the publique. nor to the hindrance of the mayntenance of ministers regularly chosen in each respectiue parish or township. To the 3d. propos: we say, we know not of any one that hath bin troubled by us for attending his conscience, prouided he hath not distu'^bed the publique. 440 PUBLIC RECORDS 4. Propos: That all lawes and expressions in lawes, deroga- tory to his Majestic, if any such hauc bin made in these late troublesome times, may be repealed, altered and taken off the file. To the 4th prpos: we return, we know not of any lawe or expressions in any law that is derogatory to his Majesty amongst us ; but if any such be found, we count it o"" duty to repeal, alter it, and take it off the file, and this we attended upon the receipt of our Charter. [205] This Court, upon the humble petition of Jasper Gunn, haue granted fine pownds to be paid unto Mr. Crow next yeare, in leiw of parte of his fine. This Court frees Isack More from training, he haueing form- erly bin cheif officer of the Traine Band of Farmington. This Court doth repeal the former order, which constituted and impowred a Councill, made March the ll^h, 166|. This Court orders that Mr. Wm. Leete, Mr. Wm. Joanes, Mr, Benjamin Fenn, Mr. Math: Gilbert Mr. Jasper Crane, Mr. Alexander Bryant, Mr. Lawes, shall be read at the Election for nomination for Assistants. Mr. Rot: Treat allso is nomi- nated for election ; Mr. Welles, Mr. Newbery &; Mr. Howkins were allso nominated, and Mr. Clarke. This Court doth hereby declare that all former actings that haue past by the former power at New Hauen, so farr as they haue concerned this Colony (whilst they stood as a distinct Colony,) though they in their ovvn nature haue seemed uncom- fortable to us, yet they are hereby buryed inperpetuall obliuion, neuer to be called to account. This Court doth approue of the inhabitants of Midleton's en- deauours to enter into church fellowship, and doe desire that they would proceed therein according to the order of the gos- pell, and take the aduice of the neighbour elders and churches. This Court doth appoynt Ensigne Auery, Ensigne Thomas Tracy, and John Gallop, Thomas Minor, or any three of them^ to lay out a conuenient percell of land, for Robin and his com- pany to plant vpon, at or near the head of Mistick Riuer, pro- uided it be not in the bownds of any of the plantations, & to make returne hereof to y^ Court in May next. In refference to y« motion of Coll: Richard Nichols to o"^ ^Jif^ ^in^ (G-orernoj\) ^^^isiccn ts. J OF CONNECTICUT. 441 Gentlemen, for assistance, in case of forraigne inuassions, it being a matter of waighty importance, it is left to the serious consideration of the Gen^' Assembly in May next. In refference to what was moued about Capt" Scotts fine, the Deputies declare that they feare his fine will not sattisfye the charge and damage which he put this Colony to, but when that is issued the case may be farther considered. Respecting what Vv-as moued about a speedy conuayance of of Letfs, the Court will consider & aduice w^^^ neighbour Colo- nyes, what will be best in that case. The Court desires Mr. Willys and Mr. Richards to draw vp a writing in answer to what was moued about Duke Hamble- ton's Petition, and to present it to the next Courte. [J\rote. The General Court of New Haven Colony, at their session in December. 1664, had assented, conditionally, to the necessity of union, and voted that, "in loyalty to the King's Maj- esty, when an authentic copy of the determination of his Majesty's Commissioners is published, to be recorded with us, if thereby it shall appear to our Committee that we are. by his Majesty's authority, now put under Connecticut Patent, we shall submit, by a necessity brought upon us, by the means of Connecticut aforesaid ; but with a salvo jure of our former rights and claims, as a people, who have not yet been heard in point of plea." A Committee was accordingly appointed to confer with Connecticut and to complete the union. In a letter to Connecticut , Jan. 5th, 1664-5, Mr. Bishop, (a member of the New Haven committee, and by their order) writes that " having .^een the copy of his Majesty's Commissioners' determination (deciding the bounds betwixt his highness the Duke of York and Connecticut charter,) we do declare submis- sion thereunto, according to the true intent of our vote, unto which we refer you." &c. The union of the two colonies was now virtually complete. The Magistrates of New Haven, having been formally " Invested with Magistratlcal power to assist in the government of those plantations &.the people thereof," by the General Court of Connecticut, and "all other military and civil officers established in their respective places," continued to exercise their former authority in New Haven Colony, until the General Election in May : at which time the union was finally consummated, and the following Magistrates chosen to office for the ensuing year : John Winthrop Esq., Governor. John Mason Esq., Deputy Governor. Assistants; Mathew Allyn Esq., Sam'' Willys Esq , Mr. Nathan Gold, Capt. John Talcot (& Treasurer,) Mr. Henry Wolcott, Lt. John Allyn, Mr. Samuel Sherman, Lt. James Richards, Mr. William Leete, Mr. Wil- liam Jones, Mr. Benjamin Fenn, Mr. Jasper Crane. Capt. Daniel Clarke, Secretary. Of the Assistants, the four last named had been Magistrates in New Haven colony, the year preceding. A list of such documents relating to the union, as have been preserved in the office of the Secretary of this State, with a partial abstract of their contents, is given in the Appendix, No- XII.] WILLS AND INVEITORIES, [From Colonial Eecorda, Vol. I.*] [52] The last Will and Testament of Richard Lyman, being in pi'fect memory, I giue vnto my wife all my howseing & lands dureing her life, and one third pi'te of my lands to dispose at her death amongst my children as shee pleaseth, and I giue to her all my moueable goods, as Cattell and howshold stuffe, and all other impliments or mouables. And the other two p^'ts of my land I giue to my elder sonne Richard, and to his heires forever, and if he dy w^^out an heir, then I giue yt to my sonne Robert and to his heires for ever. For my sonne Richard my mynd is that the Cattell I haue formerly giuen him, that he shall enioy. To my daughter Sarah, besids the Cattell I formerly haue giuen her, my will is that my wife shall pay her twenty pownds, to yeres after my death. To my sonne John Lyman I giue him thirty pownds, to be paid him by my wife, att two & twenty yeres of age, and the hoggs that I formerly haue giuen him, I giue vnto my wife, and if he contends w^^ her and will not be content my wife should enioy the hoggs, then yt is my will that shee should not pay him the thirty pownds. To my sonne Robert I giue twenty fower pownds, to be paid him at twenty two yeres of age ; and to my daughter Fillis, the wife of Willia Hills, I giue tenne shillings ; and I make my wife sole Executrixe to this my will. Dated the 22th of Aprill, 1640. * Such wills and inventories as were recorded prior to the close of the year 1644, were entered in various parts of the first Volume, wherever a convenient blank page offered itself to the Sec- retary, and without any regard to clironological sequence. These are here brought together, and transposed so as to follow somewhat more nearly the order in which they were originally recorded. Such as are recorded by themselves, on pages [228] to [271] of the first Volume, are printed without transposition. The record, as far as page [250,] inclusive, is in the hand wri- ting of Secretary Welles ; the remainder, in that of John Cullick. WILLS AND INVENTORIES. 443 The two p^ts of my land and howse I give to Richard Ly- man my Sonne : the reson of writeing this is because the word howse was not formerly exp^'ssed. Read, sealed and del<^ Richard Lyman, in the p''sents of vs Tho: Bull, John Moodie, Andrewe Bacon. July 24th. The wydowe Lymans mynd is that her sonne Richard Lyman should pi'forme her husbands will, and that her sonne Robert should Hue w^^ him till he be twenty two yeres of age, and then she giues Robert Lyman the third p^te of the howsen &; grownds, & for p^'formance of her husbands will, shee giues Richard all her moueable goods both wt^out the howse and wthin, only her weareing Cloathes and some of her lining shee will dispose of Jo^in Moody, Andrew Bacon. [53] A Inuentory of the goods of Richard Lyman deceased, made the vi'A of Septeber, 1641. £ Imp"- A Cow & a Cow calfe, . . . 8. 10. 00 It: a heifer of a yere & halfe old, . . .4. 00. 00 It: a bull, U. 10*. ; It: a goate & 2 kids, ll. IZs., [6. 03. 00 8 Hoggs and halfe a sowe, & the pewtre, . 10 00. 00 It: one acre of mislin,* . . . .3. 10. 00 It: an acreof sumer wheat, 2Z. 10*. j an acreof oats, 2Z. [4. 10. 00 It: 3 roods of pease and barly, ... 1. 10. 00 It: 5 acres of Indean Corne, ... 8. 15. 00 It: for squared tymber, planke & board, . . * 1. 05. 00 It: a Cart & plow & tacklin belonging to them, 1. 08. 6 It: a Tabell, forms & chaires, 8*. ; It: a Cubberd, 15*., . [1. 03. 00 It: 4 chests, a trunke ; a old one, . . 0. 18. 6 It: 2 beare vessells, 5*. ; It. 4 old firkins, 3*. ; [0. 8. 00 It: 1 payle & a wooden platter, 2*.; an old byble, 2*. Qd., [0. 4. 6 3 kettells, 2 skillits, an old brasse pot, . 2. 4. 00 2 brass pans & a bakeing pan, . . 0. 12. 00 a pestell, a mortar and old kettell, . 0. 6. 6 4 platters, 2 cansticks, & drinkeing pott, w"" some other smale peeces of pewter, • . 1. 2. 00 a warnieing pann, a chaffin dishe and pewter bottell, 0. 9. 00 2 frying pans, 6*. ; It: 3 Iron potts, ll. 4*., . [1. 10. 00 * Mislin or Meslin ; a mixture of wheat and rye. Webster, 444 WILLS AND INVENTORIES. Jt: a Cob -iron, a gridiron, a trammell, a fire pan & doggs & some other old iron, . . 0. 11. 00 It: 2 fier locke peeces, a sowrd & belt, . 2. 3. 00 [54] It: a sacke & wool, . . . 0. 8. 00 It: 2 bedds and bowlsters & pillowes, . 6. 00. 00 It: 3 Couerlids, 4 blankets, 3 straw bedds, . 4. 8. 00 It: 8 Curtens, 11. ; 3 bedsteads, 65. ; Tewed* skins, 85., [1. 14. GO It: 2 Wheeles, 5*. ; It: 9 p'^e of sheets & one odde one, 3Z. 8s. 8d., .... [3. 13. 8 It: 4 table cloathes and a dossen and halfe of napkins, 1. 9. 00 It: 7 pillobers and 2 other smale peeces of linnen, 0. 13. 6 It: a Coate, a Jergen, 2 dubletts, and a p'^re of breeches, 1. 10. 00 It: 2 sythes w"' their tacklin, 6s. ; It: 2 ladders, 6s., 0. 12. 00 It: a Churne & meat in yt, lOs. ; It: 4 howes, 6s., 0. 16. 00 It: 2 wedges, 2 betel rings, 2 sawes, . . 0. 16. 00 It: a broad axe, 2 narrow axes, wimbell & chessells, 0. 11. 00 It: a powdring trofe, . . . . 0. 01. 6 Some is 82L 16. 2d. John Moodie, Andrew Bacon, John Barnard. [70] October the 27, 1639. A Inuentory of the goods and Cattle of John Brundish of Wethers- field.f Imp"- his weareing apparrell, It. his two bedds compleat, . . . ' It. two p''e of sheets w''' two pillowberes, It. in brasse and pewter, ... It. one chest, a boxe, a small cubbert & a table. It: cushens, stooles & chaires. It. Tramels, tongs, fier pan, bellowes, cobirons, rostiron, spitt and frying pan, . It in working tooles, .... Ite twelue bushells of Rye, It. about fourscore and ten bush' of Indean come, It. one horse and a mare, It. one cow, 2 heifers, 2 calues, It. in hay, .... It. in debts due vnto him, It. books, .... 174. 6. Debts due to be payd out 621. 10. her howse and land valued at 130Z. • Tewed or tawed ; i. e. dressed white. t See pp. 40 and 45, ante. £ s d 3. 0. 6. 0. 1. 0. 5. 0. 3. 0. 10. 1. 5. 4. 5. 4. 16. 18. 0. 48. 0. 55. 0. 7. 10. 15. 0. 2. 0. WILLS AND INVENTORIES. 445 She hath 5 children, the 2 eldest girls, the next a boy, the other 2 girles. Andrew Ward, Richard Gyldersly. A noate brought in Court since the Inuentory, as foUoweth : RachellBrundishehath 14 acres of meadow, her howse lott 3 acres, and w' vpland belongs thereunto in euery diuysion, saueing w' her husband and shee hath sould, vizt. her shaire beyond the Riuer and 6 acres in Penny wise. Debts appereing since the Inuentory was made, 41. Debts paid, . . 41^. 16. 4d. Remayneing of the stocke of Cattle, 2 Cowes, on mare. [68] A true Inuentory of all the goods, corne and cattell that were in the hands of Abraham Fynch, when he deceased, taken the 3 of Sef. 1640. Imp" his apparrell, . . . . It. one Cow, .... It. one Heifer, . . . . It. four swyne shoots. It. one cutting saw, one axe, It. 3 p're of sheets, 2 p''re of pilloberes, It. 5 napkins, . . . . It. 2 kettles and 1 potte. It. his howse lott, w* all deuisions thereunto belonging. £ s. d. 2. 6. 20. 0. 10. 0. 2. 0. 0. 10. 1. 10. 0. 3. 1. 8. 100. 0. The prisers, Sam: Smith, Nathaniell Foote. The some, 137. 17. A noate of the debts that Abraham Fynch owed at his decease. To Mr. Michell, To Goodman Boosie, To Goodma Sticklin, For Towne Rates, To Goo: Lawes, Wydow Kilborne, Goo: Smith, Leasly Bradfield, To Mr. S . To goodma Daggett, £ s. 3. 1. 1. 12. 1. 9. 4. 15. 6 1. 10. 0. 5. 0. 3. 0. 9. 0. 11. 1. 3. 14. 18. 6 39 446 WILLS .AND INVENTOKIES. It [is] Ordered, that the Relike of Abraham Finch deceased shall administer & possesse the Estate lefte in Goods, and also hold the land & howseing vntill the Child com to the age of one and twenty yeres, and then the Child of the said Abraham to haue two p'ts, & the said Relick duering her naturall life the third ; the said Relick is to mayntayne the Child, or to comitte him to his Grandfather Abraha Fynch, who tenders to educate yt as his owne Coste. Deceber the 3^ 1640. [64] The last will and Testament of James Olmstead, late of Hartford, decesed. This is my wyll, to giue my Estate betweene my two sonns, that is to say, the on halfe to my sonn Nicholas, and the other halfe to my sonne Nehemiah, equally deuyded betweene the both, w^^ this reseruation, that if my brother Lumus doe make his word good to make my sonne Nicholis wifes portion as good as any child he hath, for so 1 vnderstand his p^'mise is, but if he shall refuse so to doe, I shall then refuse to giue my sonn any pi'te of my moueable goods, cattell or debts, but my will is to leaue the thing w^h Richard Webb and William Wodsworth to see my Brother Lumus doe p'forme his pi'mise, and as the said Richard Webb and Will' Wodsworth shall doe I shall be con- tent. And if my Brother Lumis doe prforme his p»"mise, then my will is their portions shall be a like, only Nicholis shall abate so much as I gaue him before. And my will is that my sonne Nehemiah shall giue out of his portion ten pownd to my Cossen Rebeca Olmstead that now dwelleth w^^ me, and he shall pay yt her wt^in three yeares after my dicease, and I leaue her to be disposed by Richard Webb and Will' Wadsworth, and as shee shall carry herselfe, yt shall be in their power ether to giue her the tenn pownd or to deteyne yt fro her. I doe giue my searuant Will' Corby fiue pownd, to be paid when his tyme corns forth, and I doe will my sonne Nehemya to pay him out of his owne portion: And I doe will that Will' Corby doe searue his tyme w^^ my sonne Nehemiah. And I leaue my sonne Ne- hemiah w^h Richard Webb and Will' Wodsworth, intreating the to haue the ouer sight of him, and the disposeing of him as their owne child. But if my sonne Nehemiah shall goe contra- ry in bestowing himselfe any way contrary to the judgement of WILLS AND INVENTORIES. 447 my two frinds, Rich: Webb and Will' Wodsworth, then yt shall be in their power to comaund and take a hundred pownd of his Estate, and dispose of yt as they thinke fitt. I giue to my two frynds Richard Webb and Will' Wodsworth, w^h I put in trust, six pownds and a marke to be paid equally betwixt the, and my two sonns shall pay the, the one pay the one halfe and the other pay the other halfe. Witnesse, the 28*^ of September, 1640, Ja: Olmstead. Richard Webb, Will' Wodsworth. [65] Wee whose names are hereunder written, the frynds in- trusted by the decesed w^^in named, haueing litell acquayntance wth things of this nature, and being by him suddenly caled here- unto, in a sore stresse and pang of his sicknes, wherein he ex- pected a prsent depi'ting, he being senceble of his owne weake- nes, hasted to an issue of this busines, did seuerall tymes desire vs to aduise him what he should doe, and many times did wishe us to doe what we thought meet o^selues. Now we haueing since his disease, togather w*^' his two sonns, Nicholas & Nehemiah, to who he hath bequethed his estate, taken into more serious consideration what is done, and obsearueing some things to be ouerpast, of w^h we are pi's waded that if ether they had com to his owne mynd, or otherwise had then bine suggested by vs, he would redily and cherefully haue attended thereunto : Wee therefore, togather w^h the reddy & free consent of his sonns abouesaid, (well knowing, out of long and good experience, the disposition and constant practice of their father,) hath mutually agreed, as desierus to fulfil that w^h we conceaue to be his mynd, to ad to those bequethed w^^ are spesified w^^in, these legases following : That is to say, to his Kynsmen Richard Olmstead fiue pownd, and to his Kynsman John Olmstead fiue pownd, to be paid vnto them wthin three yeres after his disease. And vnto the Chui'ch of Christ in Hartford, Twenty pownds, to be paid at the same tyme of three yeres after the decease of there said father. In witnesse whereof we haue sett to our hands. Will' Wadsworth. Nicholas Olmstead, Nehemiah Olmsted. 448 WILLS AND INVENTORIES, [66] Sep: 28"'. An Inventory of the goods and Cattell of James Olmestead of Harford, deceased in the yere of o^Lord, 1640, Imp" one horse, It. one mare, It. one mare colt, It. one yokeof steeres, 30. It. one single steere. It. four cowes, It. three calues, It. thirteene hoggs, It. eightscore bush' of Indean corne, It. 30 bush' of sumer wheat, It. 12 bush' of pease. It. 15 load of hay. It. 8 bush' of molt. It. one young heifer and on young steere, 13 It. one young steer at Paq'nuck, . 8 It. one cow hide, £ 20. 0. 15. 0. 10. 0. 30. 0. 13. 0. 47. 13. 4 10. 10. 18. 0. 24. 0. 7. 0. 2. 10. 10. 0. 2. 0. 0. 0. 10. It. & 3 ewe goats a wether. It. one Wayne, It. 2 yoaks & the Iron worke. It. one plow, two plow irons, & a chayne. It. one gang of harrow tynes, It. one smale chest w"" old iron & some tooles, 3 It. old sithes & on new on, . . It. one pyke & Costlitte,* 1 It. two hand sawes, one frameing saw, one hack saw. It. one nayle boxe. It. four howes, It. two mattocks, on 0. 0. It. one chese p^'sse, old hogsheads & a pype. It. 2 beare hogsheads, two beare barrells, 2 powdring tubbs, 4 brueing vessells, 1 cowle, 2 firkins, It. wymbles, chysells, hammers, pynsers, . . 0. It. collers & harnes, saddell and pannell,"!" halters & brydle, 1. 0. . 0. 13. 7. 13. 0. It. It 1. 12, 0. 16. 0. 10, 10. 0. 10. 7. 0. 3. 0. 1. 12. 6 3. It. fiue pyke forks, one rope, on fanne, It. 3 axes, 2 wedges, 2 ryngs for a beetell, It. 4 brasse, 3 skilletts, one skimer, on ladle, on candle- stick, on morter, all of brasse, 1 brasse pott, It. 7 small peuter dishes, 1 peuter bason, 2 chaber potts, 6 poringers, 2 peuter candlesticks, 1 frudishe, 2 little sasers, 1 smale plate, It. 7 bigger peuter dishes, one salt, 2 peuter cupps, one peuter dram, 1 peuter bottle, 1 warmeing pan, 13 peuter spoones, .... It. 2 Iron potts & a pott posnette, 1 dripping pan, 1 fry- ing pan, 1 gridiron, one squar, 2 spitts, 2 Irons, 2 tramells, 1 perre of tongs, 2 perre of pot- ) hooks, 2 perre of cobirons, 1 fier pan, 1 cole dishe > 1. 13. and a perre of bellowes, one peale, . ) one stupan, 3 bowles & a tunnell, 7 dishes, 10"^ spoones, one woodden cuppe, 1 woodden platter, [ w"* 3 old latten:]: pans, & 2 doz. and halfe of f trenchers and two wyer candlesticks, . J 2. 0. 11. 1 • Corslet. t A kind of rustic saddle. JVebster. i Sheet iron covered with tin. Webster. 0. 10. 2. 5. 0. 3. 8 0. 2. 8 WILLS AND INVENTORIES. 449 It. 2 Jacks, 2 bottells, two drinkeing horns, 1 little pott, It. 3 bibles & 3 other bookes, It. one payle, one pecke, one halfe bushell, It. one smoothing iron, two brushes, [67] It. 3 musketts, one fowleing peece, 3 perre of ban- ^ daleres, one sword, one rapier, 1 dagger, 2 > 6. 0. rests, 2 pistoUs, w"' powder, shott & match, ; t. one Table, one Chire, sixe cushions and one little forme, 1. 7. t. fine sacks, . . . . . 0. 10. t. two fether bedds, two flockebedds, . . . 6. 10. t. 3 ruggs, one Couerled, 6 blanketts, one p^e of curtens ^ 7 i ^ n & curten rods, & a course bedcase, . ) ' ' t. 2 fether pillowes, 1 flocke pillow, 1 bedstead, . 0. 19. t. 3 p''e of fyne sheets & 5 p''e of course sheets, . 3. 10. t. 3 course pillowbeers, & 2 fine ons, 1 doz. of napkins, 1. 3. t. two shorte Table Cloathes & two course ons, 2 towells, 0. 11. t. diuers smale things in a trunke, . . 3. 0. t. 20 little smale peeces of childing lyning, . . 0. 10. t. 15 quire of paper, . . . . 0. 6. 3 t. 27 yards of course Canuas, t. 19 yards of Lockru,* t. 5 yards of woollen cloath, t. 2 trunks, one chest and 2 smale boxes, t. 12 Caps, 8 bands, .... t. 3 shirts, . . . . • . 0. 15, t. one little peece of course Lockru, . . 0. 4. 6 t. 3 suits of apparrell, w"" hatts, stocking & shues, 13. 5. t. 2 acres of Englishe come of the grownd, . 4. 0. t. 13 acres of grownd broke vp, . . . 12. 0. t. in mony and debts, .... 55. 0. t. one case of bottells, . . . .00. 15. 0.10 4. 5. 6. 2. The whole some, £397. 19. 2 John Steel, Edw: Stebbing. [60] March the iiijth, 1640. A Coppy of the will & Testament of WiLLia Spenser, late of Hartford deceased, p^sented in Court vppon Oath, by John Taylcott & John Pratt of the said Towne. A noate of the mynd and Will of Willia Spenser for p^sent the 4th of May, 1640. Imp^'s his Will is that the Estate that he hath in New Ingland, and also that w^h may com to his wife hereafter, that is any * Lockram, — " a sort of coarse linen." Webster. 39* 450 WILLS AND INVENTORIES. p^te of his wifes portion yf any doe com, that all the Estate be dyuyded as foloweth : I giue to my wife one third pi^te of all my Estate : I giue to my sonne Samuell one third p^te : I giue to my two daughters Sarah and Elizabeth one third partte : The children to be brought vppe w^h the improuement of the whole estate that I leaue both to my wife and children ; The portion w^^ I leaue to my sonne to be paid him when he is of the age of twenty yeres; Also the portion of my daughter Sarah and my daughter Elizabeth to be paid to them at the age of * yeres of age. Also yt is my mynd that if ether of my children doe dy before the tyme their portions be due to them, that the portion of the pi^ty desesed be equally devyded to the p^tyes or p^ty that shall suruife the other. Also my mynd is, my Cosen Mathew Allen, my brother John Pratt and John Taylcoate, that these three partyes, or any two of them, shall haue the Ouersight of my Estate, and in case that they shall see in theire judgements the Estate to be wasted, that they shall haue power to take the children and their portions t for their bringing vppe, and to pay the Children their portfis that remayne at the seuerall tymes aboue written. Also my mynd is, that my wife shall haue no power to alienatt or make sale of my howse or any p^te of my land I leaue, w^hout the consent of two of the pnyes that are to ouer- see my Estate. The Inuentory of the Estate of the said Will' Spenser. Imp" in weareing Cloathes, in the Hall, the planks & two chayres, in the Closett, on trundell bedd and blankett, one sadell and brydle, and waight & skalls, in sythes, axes, wimbles, horsse harnis & other working tooles, in the Parlor chamber, one chest, two plancks, one fetherbedd, boulster, two pillowes, In sheets and tabell lynen, in the Sisler, in seuerall peeses of peuter, • Blank. t Blank. £ s. d. 5. 8. 0. 11. 0. 15. 0. 15. 2 3. 0. 0. 9. 3. 0. 2. 0. 1. 10. 1. 5. 0. l.'j. 1. 5. ]. 4. 28. 0. 13. 0. WILLS AND INVENTORIES. 451 in brasse kettells and iron potts & other implements, } a -i- n and on hogshead and barrell, . . . \ ' ' In the lodgeing roome, one bedsteed & curteens, two chests, .... One muslcette, bandalers, two sowrds. One fowleing peeee, One Coweand on Cow calfe, In swyne of seuerall sorts, [67. 12.2] Seuerall debts lefte vncroste in his booke, oweing in the Bay, the w"*" the most of the are denyed, and those that are confessed are very doubtful whether much of yt will be paid, being in the hands of some of his kindred that are pore, in all to the value of . 441. Also, the howse and howse lott conteyneing aboute 2 acres, w'^'some outhowses ; also seuerall p'sells of vpland lotts, to the value of 74 acres, as may apeare by the records to that purpose, whereof, besids the right w"*" he had in any other lands to be deuyded. Also, eleuen acres of meadow and swamp, lying in the north meadow. Also, one p'^cell lying on the East side of the great Riuer, con- teyneing tenne acres. Also, there is land yet remayneing at Concord in the Bay, w"'' while he liued he esteemed at .... 1201. Out of this estate there is lefte to be paid, . . 50/. Also, a debt w""" is of an old recknoing, the w'''' we haue no clere accoumpts of, but yet himselfe doubted that it would be 10. The goods and estate estimated by these p''tyes here expreste. John Tallcott, John Pratt. The destribution of the estate appeares in the Records of the particular Courte, the 24''' June, 1650, fol: 10: and the Coppyes of the bills giuen to the Courte for the payment of 30Z. to the chilldren, are in the Booke of Records of Lands for the seuerall townes, at y« other end of it '< the original Bills are vppon the fyle of wills and Inventoryes.* [62] March the 4th, 1540. The last will of Joyce Ward. I, Joyce Ward, of Wethersfield, being sicke in body but whole in mynd, doe make my last will and Testament, this IS^h day of Nouember in this p^sent yeare of o"" Lord Christ, 1640, in man- ner of forme as foloweth : — Impfs. I giue to four of my sonns, that is to say, to Anthony Ward, Willia Ward, Robert Ward & John Ward, ech of the * These last four lines were added subsequently, in the hand writing of Secretary John Allyn. 452 WILLS AND INVENTORIES, a pare of sheets, and to my eldest sonne Edward I glue vnto him twelue pence of mony ; furthermore I make my sonne in law, Joim Flecher, my whole and sole Executor, to pay and dischardge all those debts and legaces w^^ I am bownd to pi'forme, and for to see my body to be brought to the grownd in a decent manner ; In witnesse whereof I haue sett my hand the day and yeare aboue written. Memorand™. That I Joyce Ward haue lefte my sonne Rob- erts portion, w^^ his father gaue him, w^^ is twenty pownd, in England, in the hands of my sonne Edward Ward ; I haue made Mr. Wollersloue, of Clipsum, in England, in the County of Rut- land, my Atturny for to receaue y t for my vse ; if he haue gott yt then my sonne Robert shall haue the whole twenty pownd, but if yt be not gotten, then the sixe pownd w^h I paid for the puting out of the said Robert Ward to an Aprentice shall be prte of that twenty pownd. Joyce Ward, her marke. This was done in the p>"sence of vs, Nathaniell Dickenson, Roger Prichat. £ s. d. 0. 14. 1. 0. 2. 0. 5. 0. 10. 0. A71 Inventory of all and singuler the goods, chatells, Cattle, ielonging to Joice Ward, wydoio, late of Wethersfield, made., taken and found, the 24*'' of February, 1640, by George Hubberd and Leonard Chester. Imp". 7 yards of Hemppen cloath at 2s. p' yard, It. one p're of flaxen sheets, It. four p'^re of hemppen sheets, It. her apparrell vizt. 2 gownes, one hatt, one p'e of bodyes w"' other, ..... It. one bedd, two boulsters, two pillowes, two Couerings, two Curtens, .... It. one boxe w'*" a litle hand Trunke, Oxie brasse pott, One brasse panne, One Iron pott, One Chamber pott, One brasse Coal dishe, [63] One sowe, w"" three piggs, Two table cloathes, w"' 4 napkins, One bond or specialty, p" Leonard Chester, George Hubberd. 0. 3. 6 , 0. 16. 1. 0. . 0. 2. ^ 0. 2. , 0. 2. 1. 0. , 0. 16. 30. 0. Som: tof: 52. 15. 6 WILLS AND INVENTORIES. 453 [75] The Inuentory of Tho: Johnson,* as the pniculers were sold by Andrew Bacon &c John Barnard, appoynted by the Court to make sale of them. 12. 5. 2. 6 £. s. d. To Gudm" Hill, a Coat, 1. 10. 2 p''e of stockings, a shirt & band and hose yarne, 0. a p''e of high shues, 0. a peece of leather, 0. 5 bands, a shirt, a redde wascoat, a perre of start ups,f 0. 12 a shute of apparrell, a pestell, 0. 18 a hatte, 0. 6 3 peeces of leather, halfe a pownd of pepp', a seefe bottom, a syth, a shuet &, two bands, 2 perre of breeches. a peece of leather, a perre of stockings and other things, . . 0. 8. 7 2 bush' of maslin, . 0. 12. some smale peeces of leather, . . . 0. 6. 3 hatchets, . . 0. 4. 1 one shurt, . . . 0. 5. 2 1 paire of shues and boots, 0. 2 peeces of leather, 0. 3 perre of boots, . 0. 5. 3. 9. Mr. Welles distreyned a muskett, a sword, ban- daleres & a rest, 1. 5. 10. 13. 5 0. 12. 1 0. 2. 1. 13. 0. 3. o: Abated the Partyes for a mistake in their accoumpte, 9s. 5 To be alowed the for their paynes in keepeing & selleing the p'"ticulers, . ' . The debte he owed vppon the distresse & for Recording the Inuentory, ...... Goodm" Hill owed him lOL [71] The 6th of Nouember, 1643. The last Will and Testament of Tho: Scott, of Hartford, deceased, as yt was spoken by him to Edward Stebbing and Tymothv Standly who were sent for by him for that end, to who he expressed his will as foUoweth : — I doe giue to my wife and sonne Thomas, the one halfe of my howse and halfe of my barne and halfe of my howse lott : I doe also giue vnto them my two lotts in the North meadow, and my lott in the litle meadow, as also the swamps at both ends : I doe in like manner giue vnto them all my come in my howse and barns, both here at Hartford and at Tunxis Cepus, as also two Cowes and my two elder steers and fiue hoggs, w^h halfe my howshold stuffe : I doe also giue them my Carts and ploughs and See pages 49, 55, ante. t A kind of high shoe. 454 WILLS AND INVENTORIES. the tacklin belonging to the. And my mynd is that if my sonne Tho: depart this life before my wife, at his death that the one halfe of the meadow, catle and howshold stuffe before giuen to him and my wife, shalbe equally diuided betwixt my other chil- dren then lining ; and my mynd is that my wife shall haue power at her death to dispose of and giue away the other halfe of that wh is giuen to her and my sonne as shee seeth fitt, ex- cept my howseing and land, W^^ my mind is shall then com to the rest of my children, at the death of the longest liuer of my wife or my sonne Thomas. I doe also make my wife execu- trixe to receive and pay my debts ; and my mynd is that my youngest daughter doe remayne w^^ my wife so long as shee seeth meete, w^ii the advice of those that ouersee my will. My mind also is, that all my daughters be disposed of, both in sear- uice and mariedge, by my wife and ouerseers, and that my daughters shall receaue their portions, ether at the day of their mariedge or at twenty yeares of age, w^h shall first happen, my mynd being that all the remaynder of my estate w<=h is not by this my will giuen to my wife and sonne Thomas, (after my debts are discharged,) shall be equally diuided among them. The sume and substance of this was exp^ssed by Tho: Scott aforesaid in the p^sence of vs. But before he had named the ouerseers of his will, the Lo: pleased to put an end to his life and pi^uented him in that and what els he would haue said, and therefore the Relict of the said Thomas w^h the apprbacon of the Court hath desiered John Talcott, Wm: Westwood, Ed: Stebbing and Andrew Warner to assist in seeing the Will of the dead p^formed. And these Ouerseers, vnderstanding fro these that are the witnesses of his will, that he often expressed that his mynd was his wife and sonne Thomas should be comfortably p^uided for, and finding that no pt'uission is made for fuell or fireing, doe thinke fitt and very agreable to the mynd of the deceased, though pi'uented by death fro exp^sseing himselfe in that pfticuler, W^^ yet they leaue to the consideration and confirmation of the Court, That the Widdow & Thomas should haue liberty to cutt & fetch fire- wood for their owne vse out of that field comonly cauled the Aduenturers field, vntill the other children, or some for WILLS AND INVENTORIES. 455 them, do diuert yt to such impruement as will receaue pi'iudice if this liberty should be continued ; and that they should haue liberty to cutt & fetch any such fuell for their owne vse out of that peece of ground cauled the Ox pasture, dureing ech of their naturall hues. They also thinke fitt and agreable to the mynd of the deceased, that the boy searuant shall continue w^h the Relict of the said Thomas, dureing his tyme. All w^h they leaue to the consideration and confirmation of the Court, if they approue thereof [72] A Inuenlory of the goods of Tho: Scott deceased, taken Jan- uary the 6th, 1643, deliuered to the Wydow Scott for her vse. One fetherbed & fether boulster, one greene Rug & Couerled, ■ . one blanket and strawe bed, .... one p''re of sheets & pillowe, 15*.; one bedsteed & cur- tens, 21. 105., ..... 4 p're of sheets, 21. 5s.', 2 table cloaths, 12*. 6d., 3 dyeper napkins, 6s.; 5 flaxen napkins, 5s., 2 fyne pillowbeers, 12s.; in wearing cloaths that were her husbands, 5/.; 2 chests, 12.s., 40 pownd of Gotten wooll, IZ. 6^. 8d.; 3 sawes, 11., severall peeces of old Iron, 1 flockbed, 2 boulsters, 2 blanketts, 1 couerled & blanket, 1 pillowe, . in seu'all peeces of pewter, and one brasse candlesticke, in brasse kettells & iron potts : 1 iron dripping pan, 1 p''re of pothooks & a glasse bottell, 1 brasse skimmer, 1 laten lampe, 2 latten panns, 1 spit, 1 trammel, 1 p''re of bellowes, 1 p're of tongs, fyer pan, cob iron, andiron, & a iron to make wafer caks, 10*.; 1 smothing iron, 1 fowleing peece, II. 5s., . . . . . [1. 15. 0] 1 match locke muskett, ISs. Ad.; 1 sword, 1 p''re of ban- dalers, 9*. 2d., .... 1 lether bottell, 1 warmeing pan, 1 chafin dishe, 1 frying pan, 1 shreding knife, 4 hows, 4 axes, 1 bill, 2 cleuers, 1 mattoke, . 1 spade, 1 hobing iron, 5 siues, in brueing vessells, barrells ; 2 churns, 1 tabell, wimbells & chissells, 3 wheels, 1 glasse botle, 4 chayrs, 2 tabells, 1 forme, .... In the seller, vessells & seu''all goods, In the lenetoe, potts, pans, vessells & other implements, In the seller without dores, dyet vessells, . 3. 5. 3. 0. 0. 10. 3. '2. 5. 17. 11. 0] 6] 0] '[6. [2. 0. 4. 6. 10. 0] 8] 2. 10. 1. 6. 1. 17. 5 2. 7. 6 0. 2. 6 0. 5. 4 0. 8. [1. 2. 6] 0. 13. 0. 5. 10 1. 2. 0. 12. 2. 6. 0. 16. 0. 13. 0. 14. 2. 3. 1. 0. 48. 18. 3 456 WILLS AND INVENTORIES. 1 grinston & winch, 6s.; 1 great bible & other smale books, IZ., • . . . . [1. 6. 0] Goods of Tho: Scotts sett apartefor his 3 daughters. 3 p'"re of flaxen sheets, 2 p^'re tow sheets, . . 3. 5. 3 diap' napkins, 4 flaxen napkins, . . 0. 10. 1 flaxen tabell cloath, 2 fine pillobers, IZ. 45.; 2 boxes, 8s. [1. 12. 0] In the little chamber, 1 fether bed, . . 4. 10. 1 bedkase, 1 bedsted, 19s.; 2 fether bolsters, 1 pillow, 1 blanket, 2Z. 8s. 4d.; 1 couerlitt, IZ. lOs., . [4. 17. 4] In the garret, 1 fether bed, 1 fether bolster, 1 fether pillow, 3. 12. 1 yellow & red couerlitt, 1 pillow, . . 1. 14. 1 quart pot, 2 porringers, 3s. 2d.; 2 dishes. Is. 8d., [0. 4. 10 2 sasers, 1 smale salt seller, . . , 0. 1, 4 4 smale platters, 3 great platters, 18s. 6d.; 1 pewter bowle, Is., . . . . . 0. 19. 6 1 laten candlesticke, &tunell, Is.; 1 pewter candlestick, 2s. . . . . . . [0. 3. 0] 1 great pewter bason & chaberpott, . . 0. 6. 6 1 great brasse kettle, 15s.; 1 brasse posnit, 1 iron pott, 18s. M., ..... [1. 13. 4] 1 litle brasse kettle, 1 brasse potte, . . . 0. 11. 8 1 p're of pot huks, 2 latten pans, . . . 0.2.2 1 spit & tremell, 1 smothing iron, • . . 0. 6. 1 snaphanc* smale peece, 15s.; 1 cok mach musket, 13s. 4:d. ..... [1. 8. 4] 1 rapier, 2 p'"re of bandelers, . . . 0.10.8 1 frying pan, 1 shreding knife, 2s. Bd.; 1 brasse morter & iron pestill, 7s., - . . . [0. 9, 8 1 glasse bottell, 1 couerd drinking pott, . . 0. 2. 6 27. 3. 1 Corne for the Widdowe Scott, at Sepose & Hartford, 30. 0. 2 Cowes for Wydow Scott, at Sepose, . . 10. 0. 2steers, 16Z.; 2 hoggs, 9Z., . . . [25. 0.0] For the three daughters. 2 steers, 12Z.; 1 Cow, 5Z.; 1 mare, 8Z.; 2 calfs, 3Z. 6s., [28. 6. 0] 4 hoggs, 3 piggs, . . . . . 5. 5. The Wydowes Some, . . 65. The daughters, . . . 33. 11 Totall, 174. 12. 4. besids Carts & 3 Ploughs. * Snaphance ; (German, Schnap-hahn ;) a musket with a flint-and-steel lock, Bailey. WILLS AND INVENTORIE 457 [54] The Will of Blaynch Hunt deceased. I, Blaynch Hunt do make my last will. Imp^s, I giue my best suite of weareing Cloathes to my Cossen Mary Robins, & a pTe of my best blanketts ; Ite, I giue my Cossens in the howse, twenty shillings a peece, in gold or sylver if y t can be made vpp att my decease ; Ite, for the rest of my estate in howshold stufFe & debts, I comitt to the dispose of my Vnckle Welles, only I remit 40s. I lent my Cossen Mary Robins ; I make my Vnckle Welles my Executor ; I giue my Cossen Mary Baylding vi yards of kersey. Blaynch Hunt. [55] A'Inuentory, taken the 20tJi day of September, 1644, goods of Blaynch Hunt deceased, by Andrewe Waird Sf Gybbins. £. s. d. Imp . in mony, 5. 14. 3 A debt ovveing fro Mr.Hill,4. 0. A debt fro John Robins, now on her Vnckles ac- coumpt, . . 3. 10. Lent her Cossen Mary Robins, . . . 2. 0. Her cloath shute of weare- 10. 0.0 0.0 0.0 ing cloathes, Her StufFe shute, A greene Couering, A p''re of blanketts, one blankett, . A fetherbed, a bolster and 2 pillowes, . . 3. 2 Cloath petticoats, . 1. 15. 5 old petticoats & 4 p''e of bodyes, . . 2. 2. 4 wastcoats & 4 aporns, 1. 7. 4 4 hatts, . . . 1.10.0 3 shifts, . . . 0. 12. brasse and pewter, . 1. 3. yarne, . . . 0. 5. 3 yards of kersy, a debt fro John Fishe, 3 yards of cloath, a Cloke, . mittens & stockings, paper, table cloaths & lynine cloath, . . 0. three white aporns, 7 nap- kins & a Towell, 1. 2 ap''ns, 2 pilloberes & small lynine, . 1. a trunke ds a boxe, . 0. a p'^re of course sheets, 0. shues, . . • 0. ^loues, pyns, laces, kniues & a spoone, . . 0. I glasse & a byble, 0. sheets, . . .2. of the Wiir . 0.0 . 16.0 . 0.0 . 10.0 . 5.0 . 1.0 1.5.0 0.0 5.0 10. 10.0 4.0 9.0 6.0 0.0 43. 16. 3 A ketle, a torne & a hatch- et, left out and omitted. [69] A Inuentory of the goods of John Cattell, deceased, taken and prysed by John Coleman, and Samuell Hales, the 17 of July, 1644. £. s. d. Impr^ a Bedde, boulster, and furniture to yt, . 4. 0. Ite: Woollen and Lynnen Cloathes, . . . 5. 8. 40 458 WILLS AND INVENTORIES. Ite: Brasse & Pewter & 2 potts & other tooles, Ite: a gun, sword and bandaleres, Ite: a Calfe, 2, 0. ; It: a Cowe, 5. 0. ; Ite: oweing fro George Chappell a debt of It: Swyne, 6. 10. ; It: a debt of Good: *1. 0. It: a debte of goodman Boosye, II.; It: a debte of Corne, 5Z.,[6 It: the home lott and barne, . It: 6 ac: in myle meadowe, It: 3 ac: in the great mea: 121. ; It: the garden, 12s. Debts he owed, Witnes hereunto, Tho: Tomson. Tho: Coleman, 59. 0. Sam: Hale. P'^sented to the Court by Will': Gybbins, and the Relicke of the deceased admitted to administer. f 2. 0. 1. 10. u- 0. 01 5. 0. [7. 10. 01 '.,16. 0. 0| 12. 0. 6. 0. 12. 12. 69. 0. 10. 0. [97] The last Will and Testament of Mr. Ephraim Huit, of Wyndsor, in Conectecotte. Impr^. I giue vnto my loueing wife my dwelling howse and homelott, downe vnto the swampe, w^h all the howseing thereon ; also I giue vnto her my meadowe lott conteyneing by estima- tion fowerteene acres more or lesse, likewise I giue vnto her my lott of fifteene acres w^h the vast swampe adioyneing thereto. Ite: I giue vnto her Tho: Staires his howse and the square plot of gardens lying beyond the swampe to the highway. Ite: I give vnto my daughter Susanna, and to my daughter Mercy, my great lott lying behind the hog pen, adioyneing to Daniell Clarke on the one side and Humphrey Hids on the other, to be diuided betweene the equally. It: I giue vnto my two younger daughters, Lydea and Mary, my great lott at the Falls, conteyneing fowerscore and two rodde in breadth, to make them two lotts, togather w^h the meadowe grownd that lyes therein, to be diuyded also equally betweene them. P^ui- ded alwayes, and it is my full intent, that these my fower daugh- ters shall not enter vppon these said portions of land vntill they ech of them shall com to the age of one and twenty, and in the meane tyme yt shall be to my beloved wife whateuer p^'fit shall accrewe thereby ; and as ech of the shall com to the age of one and twenty, so ech shall enter accordingly vppon her portion. * Blank. t Page 110, ante. WILLS AND INVENTORIES. 459 P^uided also, that if either or any of them, shall dy before they com to the said age of ^one and twenty, then the portion intended to her or the so dying, shall desend vppon my wife and be at her dispose. Also, I giue vnto my daughters Susanna and Mercy, all my interest, right and benifit that shall arise fro the graunt of the Towne, made me, of fifteene acres of meadowe, when yt shall com first into their hands, about Pequanucke, if they shall Hue to the age of on and twenty yeares ; if ether dy in the interim> then her portion to descend vppo my wife. Ite: my great Hand at the Falls, I giue to the Court at Hart- ford, for the vse of the Country. Ite: I appoynt that my debts be paid out of my pi'sonall estate, and all the rest, both wt^in dores and wt^out, whatsoeuer, I wholy giue to my beloued wife, whether land or goods. Lastly, I appoynt Dauid Wilton and Daniell Clarke to be the Executors of this my last will and Testament, only they shall not medle w^h any thing w^^^in dores. And the Ouerseers of this my Will, I intreat the Deacons of our Church to be. Ep: Huit. An Inuentory of the Goods of Ephraim Huit, late of Wyndsor, taken the 9th October 1644, by vs whose names are underwritten. In the Parlour, 1 Bedstead, w"" bed and furniture thereun- £ to belonging, all valued at . . . 10. 0. 1 table &; forme, 1 chest, 2 trunkes, 1 case of bottles, vail: 02. 10. Carpitts, Cushions, .... 02. 12. 6 veluet couers for stooles & Chaires, , . 01. 10. 8 yards Kitermaster, IQs.; 3 yards Cotton att 10s. 6d. '[01. 06. 6] 1 childs blanket & wascoat cloath, . . . 01. 06. 8 the weareing apparrell, .... 04. 10. [98] in bucrum, 10*.; 9 doz. of napkins, fine course, 51. 19*. Ad. .... [06. 09. 4] 4 towels at 11. 4s.; 14 pillobears at 31. 10s. . [04. 14. 0] 5 table cloaths, 1 towell, . . . . 3. 17. 14 pair sheets, fine and course, . . . 16. 14. 3 table cloaths, 2 short towels, 8 napkins, 1 sheet, vail: '1. 5. In plate, 2 Bee Bowls, 2 wyne bouls, 1 salt, 1 trencher, salt seller, 4 siluer spoons, att . . 14. 0. 13 spoons giuen to children, hauing their names on them, & 1 silver dishe ; . 2 desks, 2 boxes, 1 small trunke, & other smale things, 0. 6. 8 In chamber ouer parlour ; 2 bedsteeds, w"" beds 9£. One Sowe Goods at Totocutt prysed hy Will' Swayne Sf Robert Rose. A heifer, . . 4: 10: a barrell, . . 0: 4: an old brasse potte, 0: 7: in bedding, . . 0: 8: a locke and key, 0: 1: 8 apeeceof a bearsskinne, 0: 3: 6 an old cheste, . 0: 1: a frying panne, 0: 3: 6 5: 18: Goods prysed by Gyles Smith Sf Samuell Nettleton. Two smale sawes, 0. 5: one long playne, 0: 2: one plough playne, 0: 2: 2 old smale playnes, 0: 1: 1 priker & chessell, 0: 1: an old axe, . . 0: 2: 1 adds, . , .0: 1: 2 smale augers, . 0: 1: 16: 2 0: 16: 0) [229] Oweing the foresaid Veare at Totocutte. Tho: Whitway, 0: 6: 8 Tho: Blachly, 0: 0: 10 Will' Palmer for 6 bush: Indean, . - 0: 15: Tho: Fenner, . 0: 4: Lysly Bradfield, . 0: 4: Oioeing him at Wether sjield. From Mr. Robins 10 bush: Indean, 10 bush: pease, & of wheate, 3: 7: 6 and Qs. 8d. in corne for worke, . . 0: 8: 8 By Rich: Hill, as ap-"] peareth by bill, in corne at March, de; }> 2: 16: 6 a sowe 2 yeares, to halues, John Carrington & Tho: Kircu a debt of 12 bush: of wheat and 8 of pease,3: 12: Henry Palmer, 3£. in Corne, . . 3: 0: fro Ab: Elsing in Corne, 3: 0: WILLS AND INVENTORIES, 465 [230] William Froste his laste will and testament, wherein the said Willia doth giue and bequeth all his lands and goods now inioying, the vi^^ of January, 1644. I giue and bequeth to my eldest sonne Daniell Frost, two p'ts of my meadowe and vpland outte and lo lay oute, (the home lotte excepted,) and also to the said Daniell Froste all my parte of the swampe and Redye ponds, and also fifteene acres of meadowe that I bought of John Graye, lying att Muchun- cohsor Sasqug, comonly so cauled, and also my cloake and warmeing pan, I giue to the said Daniell Frost his heires for euer ; I giue and bequeth to Rebecka & Sarah Frost that blacke heifFer that Daniell Frost hath to wynter ; I giue and bequeth to my Sonne Abraham Frost all that lotte and howse, w^h all the land laid out and to be laid out, that I bought of John Stickling, wth those mouealls I bought of him, and also those cloathes on my bedde and my little chest, and also my two great Oxen and my two greate yearleing Calues, w'^ all that is in my little chest, and on third part of my howshold goods. I giue and bequeth to my daughter Elizabeth and John Graye the sowe that he hath to winter and all her increase and [the third part of my howshold goods ; & to Luke Watson] the two yeare old blacke heifer that goodman Close hath to the halfes for fowei> yeares, the p^fite to be for the said Luke. And to Susanna and Johana Watson, daughters to Elizabeth Graye, one blacke heifer that John Graye hath to the halues for fower yeares, and the profit to them both equally. And the redde heifer that Daniell Froste wintereth, I giue to John Crayes owne two children, and the profit equally to them both. I giue and bequeth to Henry Graye and Lydea Graye for their hues and after them to Jacob their sonne, all my howse and home lott, wth that part that I chaynged w^^ John Foster, and the third prte of my meadowe and vpland, laid out and to lay out ; and to Mary Graye, daughter to Henry Graye, I giue and be- queth my redde heifer that Goodman Close hath to wynter. And to Mary Rylie and her children, I giue and bequeth all my goods and lands that T haue in Old Ingland. And to the Towne of Vncowah, I giue and bequeth tenn pownds, in good [In margin] ' These words enterlyned, the third parte of my howshold goods, and to Luke Watson.' 466 WILLS AND INVENTORIES. pay, towards the building a Meeteing howse, to be paid when yt is halfe built. Furthermore I ordeyne and make Henry Graj'^e of Vncowauh, my lawfull executor, to pay and dis- chardge my legaces & debts, and also power to receaue what is due to me, and I giue the foresaid Henry Graye full power to sue and dischardge for any debts or goods, that these p^sents should stand in force, after my decease and not before, and I entreat Ephraim Weeler and Daniell Frost to be my Ouerseers to see my will pJ'formed according to the intent thereof, and they are to haue ten shillings for their paynes. Whereto I haue sett my hand and seale, the day and date hereof Witnes, Ephra Weeler, William Froste. Frances Purdy, Mary Purdy. [529] On the backe side of Frosts Will. These are to explayne my meaneing of howshold goods ; all my moueable goods or tables, excepte corne and cattell and swyne. Further, I would haue Abraham my sonne to receaue to his vse the rent of all the howseing and land that I bought of John Sticklin ; further, I will that Abraha my sonne pay no rent to Henry Gray my sonne, nor Henry to him, but all former ingadgements to be voyd betwixt the, in or about the lease. I will that the two third pi'ts of my land be deuided as soone after my death as may be, yet so that my sonne Henry his leace be not disturbed. Witnes my Witnes, Ephraim Wheeler, ' Willm Frost. Frances Purdy, Mary Purdy. [231] The last Will & Testament of John Purkas. I the said John Purkas doe appoynt my wife to be my sole executor, to administer vppon my whole estate, to bring vp my children, and it is my mynd & will that my wife shall possesse my howse and land for her p^per vse for the whole tyme of her life, pi'uided that shee shall haue noe power to alienat yt or make sale of my howse or any of my land wt^out the consent of John Talcotte and Richard Goodman, or one of them if ether WILLS AND INVENTORIES. 467 of them shall dy. Also yt is my mynd that if the child my wife goeth w^ii shalbe a sonne and shall suruiue & continue vntill the death of my wife, that he shall possesse my howse and all my land in Hartford for himselfe and heires ; but if the Lord giue me noe sonne my mynd is that my howse and land be equally deuided among my daughters that shall suruiue and continue after the death of my wife. Also, my mynd is, that my daugh- ter Mary &. Elizabeth shall haue ech of them a whole and ser- uiceable pear of sheets and ech of the a pewter platter at the age of eighteene yeares. And if God giue me a sonne w^h my wife goeth with all, my mynd is that if my sonne shall Hue to the age of eighteene yeares, that he shall haue my gunne, w^h is a fierlocke, and my sowrd and bandaleres and rest, and my long crosscutt sowe, and my betell rings and three wedges. Also my mynd is, that my howshold shall be deuided to my daughters that shall suruiue & continue vntill the death of my wife, only the bedde and blanketts and one pair of sheets and one trunke, I leaue wholy to my wife to dispose on at her death. Witnesse hereof I haue sett to my hand the 15'^ of October, 1645. Witnes hereunto, Jo: Talcott, Jo: Purkas. Rich: Goodman. Nouember 26: 1663. Know all men by these presents that I, Jaret Spicke doe acknowledg my self receiued of Nicholas Palmer, the full and just sume of ten pownds, which is the ac- quiting all acco^s between us two concerning my wiues por- tion, which was due to her by her father John Purkis his will. Jerret Speck. Witnes, Thomas Butler, Robert Sanford. Whereas there haue bin an appoyntment that Nicholas Pal- mer was to pay his daughter in lawe Elizabeth Purchass tenn pownds &c. These presents doe testify, that I Richard Case of Windsor doe acknowledg that I haue receiued of Nicholas Palmer of Windsor afoarsayd Tenn pownds in pay to my con- tent and sattisfaction, & doe hereby acquitt & dischardge the sd Nicho: of all debts and demands, as witness my hand this 17 December : 1663: Signed, & deliuered in the The marke of Richard M! Case presence & witnes of us, John Moore, The marke, Antho: C Hoskins. 468 WILLS AND INVENTORIES. These are true coppyes of the origanell receipts, being com- pared therew'th Octob^ 20*^: 64: pr me, John Allyn, Sec- refy. [232] An Inventory of the goods of John Purkas, deceased in Oct' oher, 1645. One bedde & bolster, 2 blanketts, one on rag, one pair of sheets, 2 fetherbed, pilloberes & 2 pilloberes, one cov- erlett, ........ Two pair of new sheets & one pair of old sheets and one halfe sheet & two old pilloberes, His weareing cloathes, ...... 6 pewter dishes and some smale things, one great brasse kettell, one iron pott, one brasse pott, one posnett, brass ladle, driping pan & other implements, in barrells, tables and pailes, ..... one trunke and chest, chaiers, frying pan & gridiron, one fier locke musket, bandalers, rest & sowrd, one crossecutt sawe, 3 wedges, two betell ryngs, & other implements, ....... one Cow & 6 pyggs, ...... and come for the yeare. £ s. 4. 15. 2. 5. 4. 0. 1. 0. 4. 10. 1. 0. 1. 5. 2. 0. 1. 10. 8. 10. 30. 15. Feb: 27*: 1645. A trewe Inuentory as neere as we can find out of all the goods, corne and cattle and lands of Samuell Ierland, deceased the 20"' of May, 1639. His Howse and lotte w"" 8 acres of meadowe & all other diuidents vnsold prysed at, 40£. 0. His Apparell and p'rsonall estate, . . . . 10. 0. His Hoggs, . . . . . . . 20. 0. Tho: Vffoote , Som: 70£. 0. Jo: Edwards. [233] Whereas I, George Willis, of Hartford vppon Con- ectecutt am by a gratious & mercifull visitation of the Lord sumoned to expect my chainge, to the end therefore that I might pi'forme my duty and continue loue and peace among those I shall leaue behind, being at the p^sent through the gentle and tender dealeing of the Lord in full and p'"fecte WILLS AND INVENTORIES, 469 memory, I doe dispose of that estate the Lo: hath giuen me, and make my last will and testament as folio weth: — I giue all my buildings, lands, tenements and heredetaments in Hartford bownds and at Tunxis Cepus, vnto my beloued wife Mary Willis and vnto my sonne Samuell and vnto the heires of his body, and in the want of such heires, then vnto my heires as yt is exp''ssed vppon record : I doe giue vnto my sonne George and the heires of his body, all my land and buildings vppon the west side of the great Riuer in the bownds of Wethersfield, now in the hands and occupation of diuers men, p^uided he doe com ouer into New England and settle himselfe and his family heare, according as I haue wrote him by letter, dated the 28ti» of October laste, (a coppy whereof is among my papers and subscribed w'^ ^ly owne hand,) and p^'uided that he make payment and send ouer hither in goods, according to the tenour of the said letter, to the vallue of three hundred pownds ; it being my will, that if he attend the terms p^pownded by me in the letter aforsd he shall inioy and there shalbe made good to him what I haue of- fered and tendred to him in my said letter, w^h is the buildings and land aforesaid, as also onh undred pownds to be paid him in corne and cattle w'hin three months after his arriuall here, researueing only twenty pownds a yeare out of the said lands, wch my will is he shall pay to my beloued wife Mary Willis dureing the tearme of her life. But in case my sonne doe not attend my aduise in transplanting himselfe and family into these pHs, or pfforme not the conditions p^pownded by me as afore, then my will is that the buildings and land aforesaid shalbe and remayne at the whole dispose of my beloued wife Mary Willis. My will is further, that my sonne George shall injoy and pos- sesse my lands and buildings att Feny Compton, in Old Eng- land, according to a deed made to him by my feoffees, and the heires of his body after him, and in case of the want of such heires, then to fall to my sonne Samuell and the heires of his body, and for want of such heires then to the right heires of me, George Willis. [234] And whereas vppon the makeing ouer of the moity of my lands att Feny Compton aforesaid and the reuersion of the other moity after on & twenty yeares to my sonne George, I 41 470 WILLS AND INVENTORIES. researued to my selfe on third p^'te of his mariedge portion, my will is that in case my sonne George shall giue to me or my executrixe a generall and full relesse of all claimes and disburs- ments expended by him for me and mentioned in his last ae- coumpte sent me, that then he shall enioy to himselfe and his owne pJ'per vse, that third part of his mariedge portion so re- searued. But in case my sonne shall not accepte of this third p^te of his mariedge portion, in full satisfaction of all claimes and demaunds of monyes due to him fro me, then my will is that the third parte of his mariedge portion due to me as afore- said shalbe and remayne to the vse of my executrixe, and that shee pay and dischardge vnto my sonne the fower hundred pownds claimed by him fro me, in his accoumpts, out of the estate bequethed to her, in this my will. I doe giue vnto my daughter Hester, fower hundred pownds, whereof two hundred pownd shalbe paid at the day of her mariedge, in mony, and the other two hundred pownds in such goods and comodityes as the Country doth afford, eighteene months after the day of her mariedge, prouided shee or any issue of her body be liueing at that tyme ; but if it please the Lord otherwise to dispose, then my will is that the said two hundred pownds shalbe paid to my daughter Amy and the heires of her body. I doe giue vnto my daughter Amy, three hundred and fifty pownds, whereof on hundred and fifty pownd shall be paid in mony at the day of her mariedge, and one hundred pownds Iwelue months after that, and the other hundred pownds twenty fower months after the day of her mariedge, pt'uided shee or any issue of her body be aliue at the seuerall tymes of pay- ment as aforesaid ; the two last hundred pownds to be paid in such comodityes as this Country doth aford. My will is that my loueing wife Mary Willis shall haue and inioy to her owne pJ'per vse and to her assigns, the lease of the moity of Feny Compton, for one and twenty yeares ; and my will is that shee pay tenn pownd a yeare to my daughter Hes- ter, and tenn pownd a yeare to my daughter Amy, for the said tearme of the lease, pi'uided they continue so long in this life, but when ether of the shall departe this life, then the said anu- ity to cease. WILLS AND INVENTORIES. 471 I doe giue vnto my sonne Samuell, all my land on the east side of the great Riuer, w^hin the bownds of Wethersfield, he paying to my daughters, Hester and Amy, forty pownds a peece, sixe yeares after my decease. I doe giue vnto my loueing fryends Mr. Fenwicke, Mr. Heynes, Mr. Hopkins, Mr. Welles, Mr. Webster, Mr. Whiting, Capten Mason, Mr. Hooker, Mr. Stone & Mr. Wareham, tvi^enty shillings a peece, as a token of my loue. [235] I doe giue vnto M^is Huet, fiue pownd, out of the debte due to me fro her deceased husband, and to Mr. Smith fiue pownd, out of the debte he oweth me, and to William Gybbins tenn pownd, out of Mr. Smiths debt, to be paid to him twelue months after my decease. George Willis. I doe further giue to my sonne Samuell, ten pownd in mony, and all my books, and my watch. I doe giue vnto ech of my two daughters, a bedde and furni- ture, w'^'» I leaue at the ordering of my wife. It is my will that my two daughters take the aduise & coun- sell of my loueing wife, att their dispose in mariedge. I doe giue and bequeth vnto my beloued wife all my debts, cattell, chatells, vtensells, mony, plate, w^^ all other moueables not otherwise disposed of by this my will. And for the pay- ment of my debts and p''formance of this my will, 1 doe make my beloued wife sole executrixe. This was published by Mr. George George Willis. Willis, as his last will and testament, the 14^^ of December, 1644, in the p''sence of, Ed: Hopkins, & Will' Gybbins. Whereas, I haue expressed before my will to be that my sonne Samuell should pay to ech of my two daughters, Hester & Amy, forty pownds w'^in sixe years after rny decease, now my will is that the said forty pownds be paid w^i^in on yeare after my sonne Samuell shall com to the age of one & twenty yeares, to ech of my said daughters, and not before. This last clause was added the George Willis. 22'h of Febr. 1644, in the p^sence of, Ed: Hopkins. 472 WILLS AND INVENTORIES. March the 4th, i644. My will now is that the two hundred pownds giuen to my daughter Hester by this my Will, in comodities of this Country, and made payable eighteene months after the day of her mar- iedge, if shee or any issue of her body be liueing at that tyme, that the said two hundred pownd be paid in manner following, vizt. one hundred pownds eighteene months after the day of her mariedge, and the other hundred pownds eighteene months after that, p^'uided shee or any issue of her body be liueing at the seuerall dayes of payment, as before ; but if otherwise it please the Lord to dispose, my will is that it be paid to my Sonne Samuell and daughter Amy, and equally diuided betwixt them. And my will is that so long as both or ether of my daughters remayne vnmaried and my wife continue in this life, besids their, or ether of their dyet, there be paid to the fifteene pownds a peece, p^ ann: in this Country comodityes, for and towards their mayntenaunce. And my will is that they or ether of them remayneing vnmaried att my wyues death, that sixe months after her discease the portion that is giuen by this my will to them, or ether of them, payable at the day of mar- iedge, shalbe paid to the or ether of them that soe remayne, to [236] be at their owne dispose ; || and if they afterwaird marry, then the resdue of the portion giuen to them or ether of them by this my will, to be paid according to the tenor and true meane- ing thereof. I doe further giue & bequeth twenty Nobles to the poore in the Towne of Hartford, fiue marke to the poore in Wethersfield, forty shillings to the poore att Wyndsor, and forty shillings to the pore at Tunxis Cepus, to be paid in Country comodits and disposed according to the discretion of my Executrixe. These explications and additions George Willis.* of the 4^11 of March were made in the pi'sence of, Ed: Hopkins, Will' Whiteing. * " George Wyllys Esq. late of Fenny Compton, in old England, dyed March 9''', 1644." {^Hartford Records.) From the record of the Particular Court, (page 122, ante,) it appears that Mr. Willys' Will was brought into Court, March 5th, 1645-fi. wills and inventories. 473 [240] March 20'^, 1645. A p^ticuler of all the debts oweing to William Lotham, as also by him oweing : Imp". Debts to him oweing, first from Mr. Robins, for de- linking Robert Bedle at Fishers Hand, according to Mr. Robins desire, .... Ite: to him due fro Goodman Comstocke, for Tobaco, Ite: also fro Walter Baker, for Tobaco, Ite: fro Seargeant Bryan, vppon Mr. Tapens accoupt, Ite: more fr5 Seargent Bryan, for transporting 2 butts of sacke from Mr. Leches, Ite: fro Seargeant Bryan more in sope, Ite: from Henry Townsend 11. Ite: fro John Ogden, Ite. fro Mr. Mitchell for carrieing goods, Ite: fro Goodma Carman, 0. 6*. Ite: fro Mr. Olderton, ite: fro Frances Homes, 36 pownd of Iron. Debts by him oweing to the p^sons followeing : — Imp". To one Elias, his seruant formerly, about Ite: to on Michaell Chatterton, .... To Frances Homes, .... Ite: To Latha as long as he is myne after sixe and twenty shillings a month. A pHiculer of his goods, as followeth : Imp": 3500 of Planke, 6000 Trunnells, 500 of Iron, part att Frances Homes, part att Mr. Tappings, the rest in a grapnell lying att the Waterside. Ite: a barrell and three quarters of tarre and pitch, lying att the waterside. Ite: a sow in Edmund Sticlins hands. Ite: a boate of tenn tun, w"" two roads, an anker, a grapnell, mainesale and foresale, a iron pott, a new sute of cloathes, shues, hatt, stockins, three shirts, 6 handcharses, 2 bands, a gunn, one hun- dred nynty three pickes, on auger, one draweing knife. 1. 14. 0. 6. 0. 6. 1. 9. 0. 16. 3. 0. 1. 15. 3. 19. 1. 0. 3. 0. 0. 10. 0. 6. 2 chessells, 2 caukeing irons, some heads for clinke worke, a scraper, a brest wimble, one iron wedge, a frying pan, a skellette, a sacke w'^'' some biskett in yt, another old sacke vsed for a bedd, an axe, a perre of pinsers, 2 hamers, a gymlett, 2 Indean baggs, a file, a butter tub, a powder borne, a p^re of old stockings, an old buckett, an old kettell to make fyer in, a mallett, a woodden dishe, a platter, a litle box, on gouge, on narowe chessell, a chest, an iron candle- sticke, 2 owers, 2 setting poles, an halespeare, a pockett compasse, a skife & two Owyres. These seuerall p'ticulers appeareing under the lyne Avere added vppon a vewe taken in the boate the same morneing the Testator dyed by others & Will' Wells. 41* 474 WILLS AND INVENTORIES. [241] Wheras on the other side herof ther is p''ticulers of the debts & creditts and goods of Willia Lotha, w'^'' apeares best vnder ech p'ticuler matter, and therunto as his memory may be [ ] being now visited by the hand of the almighty Jehouah, w"' sicknes, haueing in p''sence of vs whose names are hereunder subscribed, de- clared his mynd and will to be, that in case a period be put to his dayes before alteratio hereof, then his just debts being defrayed out of his p^sonall estate, the remaynder hereof is by him giuen & be- quethed to John Clarke and John Ogden, who he maks joynt execu- tors of this his last will and Testament, equally to be deuided betwixt the. Witnes my hand the day and yeare w^^n written. In the p''sence of vs, Will' Wells, Ed: More, Isacke Nicholls, George Allsoope. SEPXeBER THE 27'", 1645. An Inuentory of the goods of Will': Lothd late deceased. Imp'': a Boat, 8 tun, more or lesse, valued at 30^. p^'tun, 12. 0. On grapnell, on anker, about a C. and ^, . 3. 10. Maynsale & foresale, . . . . .5. 10. about halfe a C. wayght of rigging, w^'the oares, 1. 0. a Skife, 1. 10. for old tooles & nayles, 0. 10. . 2. 0. also, a chest prised att . 0. 3. a Coat, drawers & cap, . . 0. 17. a doublet, breches, stockings, shues & hatt, & some other old cloathes, 2. 7. an Iron pott, 0. 10. prised and witnessed by 3. Tho: Burchwood, Stephen Poste. Som: 24Z. Ed: More, Will' Carrose, Tho: Trecy. 15. [242] A Inuentory of the goods of Ed: Harrison, ceased. latly de- £ s. d. £ s.d. one chest. 0. 6. 8 one p''re of stockings, 0. 2. in mony. 3. 19. 5 one stuffe sute, 0. 6. 8 in Wampum, 0. 13. 4 one wascoate, 0. 5. two shirts. 0. 8. one p''re of shues, 0. 3. 4 two hats. 0. 6. one p'"re of boots, 0. 7. one old Coate, 0. 2. 4 one p''re of drawers, 0. 0. 6 prysed by Nath: Waird & Andrewe Warner, 7. 0. 3 Townsmen, John White, Gregory Wilterton. Mr. Whiting speaks of some Beauer, viijZ. & boards, 8 C. There was testimony giuen in Courte vppon tlie 28"" March, 1650, in reference to this estate, as appeares by the Records of the said Courte, in the Booke of Perticuler Courtes. fol: 5; WILLS AND INVENTORIES. 475 [244] Anno: 1648: Aprill 20th. Imprimis, This is the last Will and Testament made by mee, John Porter, of Wyndsor, allthough now weake and sick in body yet in p^fect memory, doe bequeath my Soule to God that gaue it, and my Body to bee buried, and my Goods as fol- io we th : — Item, I giue to my eldest sonne, John Porter, one hundred pounds ; and to my second sonne Jeames Porter, I giue three- score pounds ; and to my other six children, to witt, Sammuell Porter, Nathaniell Porter, Rebecka Porter, Rose Porter, Mary Porter, Anna Porter, I giue to each of them thirty pound a peece ; w^h is to bee raised out of my whole estate, as howse- ings, lands, cattells and houshold goods, and is to bee paid as they come to bee twenty yeares of age or sooner if my ouer- seers sees just cause, without whose consent I would not haue them to marrye ; w^h if they doe, it shall bee in the power of my ou''seers to abate of theire porcons, and giue it to the other that are more deseruinge. And in case any of my children dye, before they bee married or bee twenty yeares of age, theire por- tion shall bee equally devided amongst the rest, vnless the ou^seers see cause to abate it vppon the eldest. In case my estate shall bee founde vppon perticular veiw to arise to bee more in valew then these portions aboue giuen, or less then the summ, my will is that it shall bee proportionably added or abated to my childrens seuerall portions, except my ou''seers see cause to abate my eldest, that hath the bigger portion, or likewise my second. The particular goods wherein each childe shall haue his porcon paid out of my whole estate, I leaue to the discre- tion of my ou''seers. My sonn Joseph Judgson is to take twenty shillings of Thomas Thornton, the next winter. Allso, I giue fifty shillings to the pore of Wyndsor Church. My desire is that these my beloued freinds would bee the oui'seers of this my last will and Testament ; Mr. Warham, of Wyndsor, Mr. Goodwyn, of Hartford, Goodman White, of Hartford, Mathew Graunt, of Wyndsor. Wittnesses: John Porter.* Henry Clarke, Abigaill Branker. * See page 191, ante. 476 WILLS AND INVENTORIES. Vppon consideracon of the buisnes referred to c considera- con, touching the chilldren of John Porter of Wyndsor, deceas- ed, wee findinge some expressions of his, that hee would make the portions of his two eldest daughters as good as his younger, allso wee conceiue the eldest were helpefull to the estate, and that the Lord hath taken away one of the younger daughters, and that the rest of the chilldren are disposed of without dam- age to theire portions ; o'' apprehensions are (if the Courte see meete) that the two eldest daughters portions bee made vp thirty pounds a peece. March 7th, leso. John Taillcott, This is a true coppye of an originall Will': Westwood. writing, ordered by the Courte to bee recorded with the Will and Inventory. J. C. Secry. [245] Aprill 27th: 1648. An Inuentory taken of the whole estate of John Porter, of Wyndsor, late deceased, as bowsing, lands, and all mouea- bles, according as they were valued by the men imployed to prise them, whose names are underwritten : £ s. d. Item: All the bowsing was valued at sixty pounds, 60. 0. Item: The homelott pertaining to the Howse, w"*" is seuen acres, valued at twenty eight pounds, . 28. 0. Item: The meadow before the howse containing sixteene acres, valued at sixty eight pounds, . 68. 0. Item: All his land on the east side the great Riuer, fifty eight rodd in bredth, from the Riuer eight score back in length, with an addition fifty rodd in bredth, and in length two myles and a halfe, val- ued at sixty fine pounds fine shillings, Item: Three acres of meadow, valued at Item: of woodland, forty six acres, valued at thirteene pounds, twelue shillings. Item: eight acres in a swamp, valued at two pounds. Item: sixty acres, remoate in the woods, valued at one pound ten shillings, . . . 1. 10. Item: for plowing and seed in the ground, nineteene pounds, . . . . . 19. 0. Item: Cattle valued ; foure cowes, foure oxen, four young beasts, one mare, nine swyne, at seuenty seuen pounds, two shillings, . . • 77. 2. 65. 5. 6. 15. 13. 12. 2. 0. 6. 5. 20. 17. 0. 10. WILLS AND INVENTORIES. 477 Item: All the furniture for carte and plow, valued at six pound fiue shillings, Item: Corne in the howse, twenty pouiad seuenteen shill: Item: Hopps, ten shillings, Goods within howse valued : In the parlour : One standing bedstead, with a featherbed and all thinges belonging to it, with a trundle bed vnderneath it ; foure paire of sheets, with pillow beers ; table linnen ; wear- ing cloaths of his owne, and wearing cloaths of his wiues ; and other furniture about the room ; valued at thirty two pound two shill: . . . 32. 2. Item: In the Chamber oner the parlour : One standing bedstead, with a featherbed and all things belonging to it ; one halfe headed bedstead and bedding to it; with some cushions and cotton wooll ; valued at 11. 14. In the Chamber ouer the Kittchin : Item: Some bedding for children, valued at . 3. 9. Li the Kittchin : Item: Fiue siluer spoones ; and in pewter and brass, and iron, and amies, and ammunition, hempe and flax and other implements about the roome and in the sellar, valued at thirty fiue pound, 14 shilP: 35. 14. Item: In the new Roome, seuerall sortes of tooles for hus- bandry and seuerall other vses, valued at 7. 0. Item: In debts owing to the estate, . . 12. 2. 470. 17. Debts to bee paid out of the estate, 201. lis. Henry Clarke, William Phelps, Dauid Willton, Thomas Forde. [246] An Inuentory taken of the goods of Tho: Fenner, de- ceased May the 15, 164[7]. Att G» Luffuns: Imp", a peece of Trucking cloath of about 4 yards, 32s. — A Jack- ette, & p''re of breches, 30*. — 1 Fowleing peece, 30*. — 1 Racoone skine coate, 12^. — 11 Beauer skins atte 8*. p'p^. — 21 kniues att 4^. a dozen, 7^. — 2 lookeing glasses, 0. 8(Z. — An old hat, stockings & shues, 3*. — a little iron potte, 6*. Prysed by G» Luffim Sf G" Northam, May the 17. A p^cell of wooden ware about 61. Ite: His boate and lyne w"'' he brought vp. Ite: a p''cell of wampu about 20/. & 16 peeces of Dutch mony in Mr. Whitings hand. The boate & loading. 478 WILLS AND INVENTORIES. Goods att Totokett of the sd Tho: Fenners, prysed by Robert Rose 8f Jo: Plum. Imp", one peece of trucking cloth con. 24 yards at Is. 6d. p'yard, . . . . 9. 1. 10 one peece more of vyolet cullered trucking cloath, of 21 yards, at 7s. 6rf. p^ yard, . . 7.17. 6 Ite: on other peece of damask coulered trucking cloath, con. 13 yards, at 65. 6d. the yard, . 4. 4. 6 Ite: one smale & course fetherbed tecke & boulster, w"' some fethers put into them. It: one course Cou'lette, It: 2 blanketts, on cotten, the other cotton & lynnen, It: on weareing coate, 1: 5: 0. It: one coate made of Catte skins, .... It: one coate made of Racoone skins, It: two deer skins, one foxe skin and a pair of Indean stockins, ..... It: one old sowrd, 0: 0: 5. It: one pair of shues, It: 11 traplines 0: 1:0. It: a litle oyle, in a halfe firkin, 0. It: a smale kettle, he vsed to boyle tar in, It: one short coate made of darnixe. It: one Portingale cap begun made & vnlyned, w**" a smale piece of cloth of the same, Ite: in Wampum, ..... It: 2 yards of blewe lynen, 0: 6: 0. It: 4 bands. It: 4 handkercheifs, cut out, vnmade, It: on ketell, w''' will hold about a pint, It: 2 dozen & a halfe of Jues trumps, 0: 4: 0. It: his Chest, It: 3 yards one halfe of red broad cloath, at 18s. p"' yd. 24 bush: of Indean trucked w"" Indeans, at 2*. 6d. p' bush: . . . . . 3. 0. Concerneing his debts, we cannot yet certenly find what they are. The writings in his chest you wrote for, are sent w'*" this Inuentory & are fmnd to be somewhat imp'fect, w'''' is like, had we had tyme & the booke he had w"" him, they myght haue bine p'^fected. Mr. Swayne ought him 41., towards the w""" payment he appoynted him to receaue 20 bush: of pease of Sa: Gardner. Concerneing what is owed, we fynd he owes to a Country Rate, 185. 8d. ; besids there is another Rate come out, yet vngathered of any ; and also some fenceing w''*' he hath lett out, & 22 weeks dyet to Mr. Swayne ; also some other. Robert Rose, The 17* of the 3^ month 1647. Jo: Plum. 2. 0. 0. 12. 0. 14. 0. 10. 0. 10. 0. 11. 0. 5. 6 0. 1. 6 0. 2. 0. 6. 0. 4. 1. 0. 0. 4. 0. 6. 0. 2. 0. 4. 3. 3. WILLS AND INVENTORIES, 479 [247] The Inuentory of the goods and lands of Abraham Elsen, lately deceased in Wethersfield, prysed the 8th of May,* 1648, by Sa: Smith, Nath: Dickenson, Tho: Hurlebutt. Impr": his apparell att Ite: in wheat & pease, It: in Indean, att It: in meale & molte, It: one bed & bedding, It: his husbandry tooles, It: chests & a bed ticke & wooden vessell, 2 £ s. d. 9. 0. 3. 5. 1. 10. 1. 0. 5. 0. 3. 10. 10. d. It: his brasse, in potts &; kettells, . 2. It: his arms & munition, 1 . It: his house, homelotte I & mea: att 40. It: his cattell, att 18. It: his hoggs, att 5. It: that w'='' is due to him I fro other, . 5. 3. 10. 15. 10. 10. Som: The debts W^ he oweth 99. 17. 11. 11. The wyddow is admitted to administer, on 3 year old, the other a yeare and halfe. Remayn: 82. 0. She hath two daughters, This G'*" of June, 1655. An account of y' House and Land of y° Heires of Abraham Elsen desceased in Wethersfeild, rented out by us, Nath: Dickinson and Sam: Smith, foure yeares, for y' raising of y'childrens portions, according to y' appointment of this Court, unto Thomas Hurlbutt, at foure pounds ten shillings y' yeare, voth y^ use of 41. 1 0*. for three yeares : y' is to say, y' Rent is eighteene pounds, y° use is two pounds one shilling and seauen pence, 18. 00. 00 02. 01. 07 Layd out for groundselling y' house, one pound three and fourepence, . . 1. 03. And for other necessary charges, layd out of purse, ... 0. 06. :20. 01. 07 01. 10. 00 The charges substracted there remaines, 18. 11. 07 For w*"*" eighteene pounds, eleaven shillings and seaven pence, wee y' said Nath: Dickinson and Sam: Smith, doth by o' hands, y° day and yeare abouesaid, secure y^ said portions unto y^ Courte, for y^ best improvement of y^ said portions for y" children, either till they come at age, or till y' Courte bee pleased to call us to acco'. { Nath: Dickinson, "' ) Samuell Smith. • See pages 162, 202, ante. 480 WILLS AND INVENTORIES. [248] The Inuentory of the goods and land of John Elsen,* of Wethersfield, on Conectecott River, w^h he was cesed on when he dyed, prysed the sixtenth of May, by Sa: Smith and Nath: Dickenson. Imp'Miis Apparrell, 6. Ite: his cattell, hoggs & a mare, . . 67. Ite: his cart and plows, w* husbandry tooles, 8. Ite: his brasse and pewter and iron vessell, 5. Ite: his tables and forms, chests & tubbs and other woodden vessell and some other things, 5. Ite: his corne and meat and molte, . .6. 18. 10. 10. 0. 10. 0. Ite: his bedds and bedding, woollen & lynin w"' some leather, . . 14. Ite: his arms and ammuni- tion, . . 2. Ite: his corne vppon the grownd, Ite: his howse & barne & homelott & other land, 87 Ite: debts w"'' were owing him, . .8 Ite: his books, . 1 10.0 0.0 8. 13.4 0.0 10.0 0.0 221. 1.4 A coppy of the dispose of Ms estate, before Mr. Smith. To my B. Gardners children, land att the meadowe gate ; To my Br: Gardner my coate ; To Mr. Smith, 5/.; My loueing wife all the rest. Only the howse and land to her two sons, after her life ; 11 acres of meadowe, howse & lotte ; 3 roods of meadowe to B. Gard- ners boy. The howse & home lett to Ben: The meadowe to be deuided betweene him & Job. John T Elsin Robert Parke his marke. Heniy Smith The Wyddow is admitted to administer. [249] May the 19th, 1648. An Inuentory of Tho: Dewys Estate, Imp": One howse and barne, w"" the home lott, in quantity £. s. cl. about one acre & quarter, to the foote of the hill, 40. 0. Ite: one p'cell of meadowe adioyneing thereunto, about 7 acres, . . . . . . 20. 0. Ite: another p''cell in the great meadow, 4 acres & one quarter, ..... 13. 0. Ite: another p'cell in the great meadowe, 3 acres and on quarter, . . . . . 10. 0. Ite: another prcell in the great meadowe, about 5 acres, Brodde & halfe, . . . . 1.5. 0. Ite: two p'cells of vpland, about 29 ac: & halfe, 20. 0. Ite: one yoake of oxen, . . . 15. 0. Ite: two mares & a colte, . . .18. 10. * See page 162, ante. WILLS AND INVENTORIES. 481 Ite: two cowes and on young beast, . . 12. 0. Ite: one sowe & two piggs, 1: 0: 0. Ite: 2 stocks of bees, 2: 10: 0. . . . . . [3. 10. 0] Ite: 5 acres of corne vppon the grownd, . 5.0.0 Ite: 7 other acres of corne vppon the grownd, . 5. 0. Ite: in bedding, bedsteed and lyning, . . 9. 10. Ite: his weareing cloathes, 5: 10:0. Ite: Pewter, 1:8:0. [6. 18. 0] Ite: a chest, a boxe, a cubberd, . . . 0. 11. Ite: one fowleing peece, sword, powder & bullits, 1. 15. Ite: wedges & betle rings, 0: 4: 0. Ite, axes, spads & other tooles, 1: 10: 0. . . . . [1. 14. 0] Ite: potts, kettells of brasse & Iron, . . 7. 0. Ite: hempe & flaxe, IZ. Ite: a saddell & pillion, 11- As., [2. 4. 0] Ite: meal trow, tables, payles & other smale things, 2. 1. Ite: a table board, 0: 6: 0. Ite: a syth, 0: 5: 0, . • [0. 11. 0] Ite: part in a sawe & shott mold, . . 0. 6. ite: a cart, plowe, harowe, howes, and other things, 3. 10. Som, 213£ The distribution of this estate was by the Courte the 17''' October 1648, as appearesby the Records of that Courte ;* and prouision made for the childrens portions at y= Coune the 6il> of June, 1650. fol; 9. Dauid Wilton, Robert VVymbell.t Syxe children, 4 boyos, 2 gerlls ; one gerle, Mary Clark, 12 yeare old ; one sonne, Thomas Dewye, S yeare. Josiah Dewey, 7 yeare old ; Annah Devvye, 5 yeare old ; Isreall Dewey, 3 yeare old ; Jydidiah Dewey, 3 quarters of a yeare old. [250] A trew and p''fecte Inuentory of the goods and Chat- tells of Seth Grant, of Hartford, deceased. Imp''': In the parlowre, one great table, 10^.: 3 joyned £. s. d. stooles, 6s: twochaire, 4^. 6d: on chest, 6s. 1. 6. 6 It: in the lodgeing roome, 1 fetherbed & bolster, 3 pillowes,3. 10. It: one rugge, 20*: one flock bolster 10s: 3 blanketts & one couerlett, U. lOs., . ' . . . [3. 0. 0] It: 5 curtens, I2s. 6d: one bedsted and strawe bedd, 11. 1. 12. 6 It: one trundle bed. Is: fower sheets & one board cloath, 31. lOs. . . . . 3. 17. It: 3 sheets, 3/. 10s: fower sheets, IZ: 5 perre of pillo- bers, 11. 10s., . ■ ■ • 6. 0. It: a parcell of linen cloath, 21. 0: one table cloath & 3 napkins, l'2s., .... 2. 12. It: 1 graue cloath, 'Ss: three towells, 4s. Gd. . . 0. 7. 6 It. one smale boxe, w"' some child bed linnen, . 0. 5. It: 2 chests, 4 boxes, 13s. 4td: one cubberd, 5s: one warme- ing panne, 6s. 8rf., . . . . 1. 5. * Page 168, ante. t Wynchell 1 42 0. 6. 8 1. 5. 0. 14. 0. 12. 1. 15. 1. 1. 6 0. 5. 482 WILLS AND INVENTORIES, It: in the Hall, one Table, 2 forms, 1 chaire, It: one muskett, bandalers, & sowrd. It: 1 pair of cobirons, 1 slyce,* 1 pair of tongs, I p're of bellowes, 2 perre of trammells, It: 7 smale books, 8s: one spit & gridiron, 4^., It: 2 brasse kettells, 11. 5s: three brasse posnetts, 10,?., It: on paile w"" an iron baile. Is. 6d: 2 iron potts & pott- hooks, 11., . . . It: one bell mettell morter & iron pestell, It: 2 smale bear vessels, 4^: a cowl, 2s. 8d: an hower glasse, 25., . . . . . 0. 8. 8 It: 2 wedges, 2 axes, 2 betel rings, 8s: It: 10 pewter dishes, 21. As., . - . . . 2, 12. It: 1 pewter quarte, 1 halfe pinte, 1 beker, 1 candlesticke, 2 salts, 3 porringers, 2 saucers & 1 bason, 0. 15. 10 It: 4 smale dishes, As., . . . . 0. 4. It: 2 peir of new shoos, IDs: one peir of boots, 75. 0. 17. It: 4 cushens, & his weareing apparrell, . . 2. 6. 8 It: in ihe chambers, 7 bush: Indean corne, . 0. 17. It: 29 bush: of wheate, 51. 16s: 10 bush, of pease, 11. 10s., 7. 6. It: two bush: of Indean molt, 5*: 7 bush: of oats, 125. 0. 17. It: 1 S"" of towe, 65. 4(Z: 25 pownd of hempe teare, 1/. 55., 1. 11. 4 It: in the yards, 1 Cowe, 61: two hoggs, 11. 10s. 7, 10. It: on dwelling howse, w"" the barne & homelott, cont: 1 acre, 1 rood, .... 40. 0. It: in the north meadow, 1 p'cell of meadow, cont: 3 roods, 4. 10. It: on p''sell of meadowe & swampe, cont: 3 ac. 3 roods &; 27 p'"ches, . . . . . 20. 0. It: 2 roods 4 p'ches of meadow, on the east side the great Riuer, . - - . . . 2. 0. .0 It: 1 acre of swampe, 21: and 32 acres of vpland, 80/., 32. 0. The totall sume as ther cast vppe, 141. 10. 8 March the 4^ 1646. [251] The last Will and Testament of William Buttleb, late of Hartford, deceased. I William Buttler of Hartford, in Connecticutt, doe make and ordaine this my last will and Testament, wherein I giue my earthly goods as followeth : And first, I make my brother Richard Buttler dwelling in Har tford, my whole executor, and all that is left of my lands and goods, when hee hath paid all these legacies vnderwritten, I giue to him. * A peel, or fire shovel. WILLS AND INVENTORIES. 483 It: I give my sister Wests children that are now huing in old England, fine pounds a peece. Item, I give my sister Win- ters children, that are now living in old England, fine pounds a peece. Item, I giue my louing frends of Hartford, Mr. Stone and Mr. Goodwyn and Mrs. Hooker and Mr. John Steele, ten pounds a peece. Item, Igiue to the Church of Hartford, three- skore pounds. And further, I doe earnestly desire my two frends, Mr. John Cullick and William Gibbens, both of Hart- ford, to see that this my last will and testament bee fullfilled ; and for theire loue and paines, I doe bequeath to each of them three pounds a peece. In wittnes whereof, I the said William Buttler haue set to my hand, this eleuenth of May, 1648. William Buttler. -A true and perfect Inventory of the goods and estate of William Butt- ler, late of Hartford, deceased : apprised by John Cullick and Williain Gibbens. Imp': wearing cloaths and mony in his purse, . 12. 0. It: one bed and furniture, , . . 10. 0. It: one gunn, one sword, powder and shott, . . 2. 0. It: 4 yards of searge 11. lOs. It: land at Wethersfeild, 60/. ..... [61. 10. 0] It: Land at Hartford, 90Z. It: In debts, 193Z. 13*. [283.13.0] Summa Totalis, 429. 03. 0=* [252] The last Will and Testament of John Hoeskins, of Wyndsor, deceased. I, John Horskins, of Wynsor, doe make this my last will and testament, as followth: Item, I give vnto the Church, three pounds, to bee distributed by th e Deacons vnto the poore, to bee paid in wheat or pease, as wee are able. Concerning my man seruant, Sammuell Rockwell, my desire is that hee should serue in my howse one quarter of a yeare after his covenant is out, which hee hath formerly made ; and in case hee is willing so to doe, my will is that at the end of his seruice, hee shall haue six pounds of mee, as wee are able to pay it ; but in case hee is not willing, then my will is that hee shall haue foure pounds, when hee hath compleated his tearme of searuice allready cou- * An error of the original record. The amount of the Inventory, as recorded, is £369. 3. 484 ■ WILLS AND INVENTORIES. enanted. Some persons owe mee some small sums of corne, w^h I shall leaue to the disposing of my wife and my sonne. Fiue bushells of Indian Corne and seauen pecks of pease is due to mee from Robert Winchell, and Thomas Hollcombe owes mee seuen bushells of pease ; and Sammuell Gaylerd owes mee two bushells of pease, and eight shillings or thereabouts of an old reckoning ; and Abraham Randall owes mee foure shil- lings. And all the rest of my goods, moueable or immoueable, cattell, howses and lands, and any thing growing thereon, I leaue to my wife and my sonn Thomas, assininge them to re- ceaue my debts, and allso to make payment of theise things forenamed, or any other ingagement of mine. In wittnes whereof, I have herevnto put my hand, this first of May, 1648. In the p^sence of, John Horskins. Thomas Horskins, Sammuell Rockwell, Abraham Randall. An Inventory of the goods of John Horskins deceased, June this 29: 1648. Imp^• the bowse and two barnes, with the homelott of 12 akersofland, .... 52. 0. Item, 12 akers of meadow, 42Z: Item, a great lott, 27 akers, 6Z. 15s., .... 48. 15. Item, at Pyne meadow, 14 akers, 30/: Item, a parcel! of swamp, 3 akers, 3/., .... 33. 0. Item, 6 akers of wheat sowen, 10/: Item, 14 akers of di- uersesortes of grains, 18/., . . . 28. 0. Item, 2 paire of wheeles, one carte, one tumbrill, w"" a plough & tackling therevnto belonging, 6. 0. Item, halfe a Boate, . . . - 0. 10. Item, two axes, howes, sawes, wedges, and hookes, with other things, . . . . . 2. 0. Item, two swyne, . . . . 1. 6. 8 Item, in the Hall, one bed & a bedcase, and the furniture, 7. 0. Item, two beds more with the furniture, . . 6. 0. Item, in Leather, 1/: Item, in sheets, 3/: Item, two table cloaths, 6*., .... Item, in napkins, 6s: Item, in holland, 1/. 2s., Item, his wearing cloaths, 16/: Item, in cotton cloath and kniues, 5/. 8^., ..... Item, in baggs and bottells, 1/. 6^: Item, in chests and boxes, 1/. ..... Item, a table, formes, stooles and wheeles, 1/. 2s: Item: in bookes, 10^?., ..... Item, one furnace pann, 2 brass panns, 1 warming pann & other things, ..... Item, in pewter^, 1/. 2*: Item, 3 brass potts, 3/. 4. 6. 1. 8. >A. 8. 2. 6. 1. 12. 3. 15. 9 4. 2. WILLS AND INVENTORIES. ' 485 Item, 1 frying pann, crooks, pot hookes and other things, 1. 0. Item, 3 peaces, 2 swords, powder, bandleers and bullitts, 2. 10. Item, a barrill of pitch, . . . . 1. 0. Item, in barrills, tubbs, pailes, hogsheads & other things, 1. 10. Item, a cart rope, hemp, flax, yarne, and cushions, 2. 10. Item, in corne, meale, mault and bacon, . . 9. 0. Item, in salt, siues, meale troughs, one hyde, sadle & other lumber, . . . . . 2. 10. Item, 2 kine, 11/. lO.s: Item, one Cowe, 4/. and two steeres, 61., . . • . . 21. 10. Item, two steares, 9/. and one Cowe, 4.1. 10s: Item, one Bale, Al • 17. 10. Item, one yoake of oxen, 16/. 10s: Item, one mare and colt, 14/. . . . . . . 30. 10. Item, 2 yearlings and two calues, 4/. 10s: Item, in debts, 20/. 18*., . . . . . . 2.5. 8. Will: Gaylerd, Thomas Stoughton, Totall sum is 338. [6. 8] Dauid Willton. £253] An Inventory of the goods and estate of Richard Saw- yer, deceased July 24, 1G48. £. s. d. Imp"': 1 musck colored cloth doublitt & breeches, 1. 00. It: 1 bucksleather doublett, at 12*: It: 1 calues leather doublitt, at 6s., . . . - . 0. 18. It: 1 liuer coloured doublett &- jacket & breeches, 0. 07. It: 1 haire coloured jackett & breeches, . . 0. 05. It: 1 p' of canuas drawers, 1*. 6d. It: 1 old eoate & 1 pf of old grey breeches, 5*. . . . . 0. 06. 6 It: 1 stuff jackett, 2s. 6d. It: 1 paire greene knitt mens hose, 2s., . . . . . 0. 04. 6 It: 1 old coloured hatt, Ss. It: 1 p"" old knitt cotton hose, 1*. 6d., . . . . . . 0. 04. 6 It: 1 new coloured hatt, at 7*. It: 10 bands, at 15.s. 1. 02. It: 3 shirts, at 12*. It: 1 paire of old bootts, at 5s. 0. 17. It: 1 paire of old shoes, at 2*., . . . 0. 02. It: 1 chest, 1 paire of cloth buskins and other th: 0. 04. 6 It: in siluer, 2*. Sd. in wampum 2d^d. It: in debts, 21. 2s. 8d., . . . . . 2. 03. 104- John Bernard, Totall sum is 07. 17, 10|- Arthur Smith. Octob' n"' 1648, The Courte gaue Mr. Cullick pow"^ to adminis- ter vppon the estate abouesd. as appears by the Records of that Courte.* * Page 169, tmU. 42* 486 WILLS AND INVENTORIES. [254] A true and perfect Inventory of the goods and chattells of Richard Rissly, late of Hockanum, deceased. £. s. d. In the yarde, Impf^ two milch cows and a heifer, 14. 0. Item, 3 heifers, 91. and one steare, 3/., . . 1.2. 0. Item, one Bull and two young Bullocks 61 ; one calfe, 205. 7. 0. Item, one steare, 51., one spotted hogg 50^., . . 7. 10. Item, 2 sowes, 4Z., younge hoggs, 91.; 6 stores, 41., and 6 sliotes, 3Z., . . " . . . 20. 0. In the Hall, Item, 1 muskitt, 15*., and one sword, Is., 1. 2. Item, 2 frying pans, 6s., and one kettle, 16s., , 1. 2. Item, 1 kettle, 13s. 4(Z., and one small kettle, 35., 0. 16. 4 Item, 1 posnett, 2s. 6d.; one iron pott, 7*., . . 0. 9. 6 Item, one small iron pot, 2s.; pott hooks and trammells, 45. ,0. 7. Item, 3 platters and a plate, 85., one pewter pott, 35., 0. 11. Item, 1 pewter cupp, 12d.; six spoones, 12d.; earthen ware, 75., . . , . . 0. 9. Item, 2 payles, 25. 6d.; 2 old payles, 12^., . 3.6.0 Item, 2 Indian trayes, 45.; 2 platters, 2 bowles and dishes, 35., . . . . 0. 7. Item, 1 great wooden platter, 25.; 1 lattin dripping pann, 18<^., . . . . 0. 3. 6 Item, 1 paire of bellowes, 25.; one joined table and formes, IO5., .... 0. 12. Item, 2 chaires, 35.; 1 childes chaire, 18d.; a forme, 6(Z., 0. 5. Item, 6 trenchers, a scummer, a cleansing dish, & chaffing dish, . . . . q. 1. 6 Item, 1 smoothing iron, I2d.; 1 great Bible, 135. Ad.; 1 small Bible, 25., . . . . 0. 16. 4 Item, I. narrow axe, 35.; a broad axe, 25.; ahattchett, I2d. 0. 6. Item, 1 handsaw, 12d.; 1 hammer, Sd.; 2 augers and a beetle ring, 25., . . . ' . 0. 3. 8 Item, 1 charne, 35.; 1 coule, 35.; 1 keeler, 25.; 1 pow- dering tubb, [35.] .... 0. 12. Item, 2 beare barrills, 55.; 1 powdering trough, 45.; 2 payles, 12d., . . . . 0. 10. In the Parlour : Item, 1 bedsted, IO5.; a featherbed, straw bed & 2 boulsters, 5Z., . Item, 1 pillow, 55.; 1 paire blanketts, 305 , . Item, curtaines, 205.; 3 paire new sheetes, 3/., . Item, 6 yards of lynsy woollsy, 125.; a flock bed and boulster, 305., . . . , 2. 2. Item, 1 paire of blanketts, 155.; 1 cradle, 25.; 3 pil- lows, 85., ..... Item, 3 pillow beeres, and a warming pann, Item, wearing clothes, and mony in his purse. Item, 3 chests and a box, 125-; a hogshead & meale tubb, 65., Item, ] peace of sole leather, 5. 10. 1. 15. 4. 0. 1. 5. 0. 15. 3. 0. 0. 18. 0. 3. WILLS AND INVENTORIES. 487 In the chamber ; Item, one fann, Qs.; one great Indian bagg, 4^., . . . . . 0. 10. Item, e'^of hopps, As. Qd.; rough hemp, lOs., . 0. 14. 6 Item, 3 baggs, "is., & 1 spade, 2s.; a corne baskitt, \2d., 0. 6. Item, 1 saw, 1 old sithe, Is.; 1 iron bayle & old how, \2d., 8. Item, halfe a bushell, . . • . 0. 2. In the Barne ; Item, 55 bush: wheate, . . 11. 0. Item, 40 bush: of pease and rye, . • 6. 0. Item, 15 bush: of Indian corne, . . . 1. 10. Item, a Howse at Hartford, with tlie homelott, 4 akers of swamp, and 2 of woodland, . . . 26. 0. John Cullick, Will: Gibbons. Totall sum is 135. 5. 10 There are 3 children, viz. one daughter, by name Sarah Rissly, betweene 7 and 8 yeares old ; one sonne, by name Sammuell Rissly, about 2 yeares old ; and one sonn, by name Rich: Rissly, about 3 months old. The distribution of the estate by the Courte, the T"" of DecemV, 1848, is: To the 3 children, 16Z. a peece, to bee pd to the daughter at the age of 18 yeares, and to the sonns at the nge of 21 years, Wil- liam Hill bringing of y"" vpp to write and read, and giuing security to the Courte for the payment of the seuerall childrens portions. [255] Debts owing p^r the estate of Richard Rissly deceased. £. s. d. To Joseph Mygatt, 2. 6. 5 To Mr. Olcott, 9. 1. 9 Thomas Selden, 1. 13. 11 Rich: Lord, 0. 13. Capt: Cullick, 0. 17. 10 Sam: Smith, Weth: 1. 4. Phillip Dauis, 0. 13. 10 Will: Gibbons, 0. 4. Rich: Fellowes, 0. 1.5. Mr. Moody, 0. 3. Will: Wessly, 3. 8. Will: Houghton, 0. 12. 6 Andr: Warner, 1. 3. John Lyman, 0. 6. Rob'. Ely, 1. 12. Mr. IBtone & Mrs. Mr. Edw. Hopkins, 16. 15. 8 Hooker, 0. 11. To John Hopkins, 0. 4. Knott, 0. 10. 6 Thomas Woodford, 0. 3. Patience Smith, John Sabell, 0. 10. 9. 0. 53. 07. 05 [255] May 20th, 1648. The will of Robert Day bee being sick and weake, yet in perfect memory, doth order and dispose of his estate to his wife and children, in the manner following : Impi'mis I give vnto my beloued wife Edatha Day my now dwelling howse and howsing thereto adioyning, howse Lott, 488 WILLS AND INVENTORIES. Allso all my land whereof I stand possessed, or that of right doth belong vnto mee, lying in Hartford, during the tearme of her naturall life : And at the end of her life, my will is that the said howse and land shall bee for the vse of my children that then shall bee lining, to bee deuided in an equall proportion : my will allso is that all my howsehold stuff, and Cattle and other moueable goods shall bee my wiues to bring vp my chil- dren : And in case my wife should bee married to another man, then my surviers of my will shall haue power if they thinke good to take security for the bringing vp of the children, and for so much estate as shall bee thought meete by them, and to this my last Will and Testament I make my wife my Executrix, and I doe desire my Deare Brethren, Mr. Tailecoate, Willterton, and Stebbing, to take care of and Assist my wife in the order- ing her selfe and my children, and I give them power to doe what in their Judgements may bee for the best, to bring vp my Children and dispose of them, and that I leaue, for theire good. And to this my will I sett to my hand the day aboue written. Edward Stebbing, Robert Day. Wallter Gaylerd. [256] 14th October, 1648. An Inventory of the Goods of Robert Day Deceased. £. s. d. In the Chamber. Impr. one Bedstead ; one feather bed, and feather Boulster and flock boulster : 2 pillowes, & bedcase & Curtaines, ... - 07. 00. 00 Item : 2 blankitts, one red & yellow Cpuerlitt, Item : 1 chest 10*. 1 Box 3s. 1 desck box 3*. . . 00. 16. 00 Item : 1 table 5*. 1 Cubberd bs. and chaiers, . 00. 16. 90 Item : 3 paier of sheetes, ..... 02. 00. 00 Item : 6 table napkins I2s. 1 table cloth 5*., . . 00. 17. 00 Item : 6 pillow beeres, 01. 10. 00 Item : the wearing clothes with 3 skinns, . . . 05. 00. 00 Item: in Linnen yearne and Cotton wool yearne, 01. 10. 00 Item : 2 Cushins Qs. 1 paire of Bellowes 3s., . 00. 09. 00 Item ; 1 Little Baskitt I2d. 1 warming pann 6*., 00. 07. 00 In the Hall. Item : 1 Brass Kettle, . . . .02. lO. 00 Item : 1 Little kettle 12s. 1 little brass kettle, . 00. 15. 00 Item : 1 brass possnett 4s. 1 brass pott 16s. 1 Iron pott 14s., 01. 14. 00 Item : 1 brass Chaffin dish 3*, ©ne skumer, . . 00. 05. 66 WILLS AND INVENTORIEa. 489 Item : 7 pewter dishes, and some broken pewter ; 1 saser : 2 pewter potts : 1 Candlestick : 1 salte : 1 small bottle : 6 ockumy* spoons, 2 porringers and 4 old spoones, . . . . . . 01. 10. 00 Item : 1 Lattin dripping pann : 1 spitt, 1 pistoll : 1 smoothing Iron, 00. 10. 00 Item : in earthen ware, and wooden ware, . . 00. 10. 00 Item: 1 muskitt Bandleers and sword, . . 01. 00. 00 Item : 1 table and 2 chaires, . . . , . 00. 0-5. 00 In the sellar. Item, in tubbs and Tables and formes, 01. 00, 00 In y' little chamber. It: one flockbed, 2 blankitts : 1 Couerlitt, 1 feather boulster, 2 feather pillowes, 2 bedsteads, 04. 12, 00 Item : 3 hogsheads, 2 Linnen wheeles, 1 Avoolen wheele, one Barrill, ....... Item : 1 table, 1 wheele, 1 hatchett. Item : in working tooles, ..... Item : 1 Leather Bottle 2*. virf. 1 paire of tongs : fier pann, grid Iron : frying pann, one trammell. Item : in Bookes, and Sackes, and Ladders, Item : one Cow : 1 3 yeare ould heifer : one 2 yeare old heifer, with some hay to winter them, Item : 2 hoggs 3Z., Item : in seuerall sortes of Corne with some hemp and flax, 15. 00. 00 Item : the dwelling howse and out bowsing, howse lott and Garden, 45. 00. 00 Item: about 6 Akers of meadow, in severall parcells with vpland, 26. 00. 00 00. 19- 00 00. 05. 00 01. 08. 00 00. 15. 00 01. 00. 00 14. 10. 00 03. 00. 00 Summa Totalis 142. 13. 06 John Tailecoate, Gregory Willterton, Edward Stebbing. [257] October 16th, 1648. An Inventory of the Goods of Timothy Standly, of Hart- ford, deceasied. Imp'': in i/te kittcMn cJmmher ; One standing bedstead, one feather bed and feather boulster, one red and blue £. s. d. couerlitt, one paire blankitts, 2 pillowes, . . 7. 18. 08 * Ochimy, (alchemy) a mixed base metal. 490 WILLS AND INVENTORIES. Item, one trundle bed, 1 flock bed & 2 boulsters, 1 white blankitt, 1 straw bed case, one yello and white couer litt, 1 feather pillow, 1 flock pillow, 2 little feather pillows, 5. 18. 08 Item, 4 yards -^ of blankitt cloth at 35. p' yard, and one trundle bed, 0. 18. 06 Item, one paire of flaxen sheetes, . . . .1. 04. 00 Item, 1 paire of course sheets, 125. 1 paire sheets more, 125., I. 04. 00 Item, 2 paire of hempen sheets, . . . 2. 10. 00 Item, 1 paire more of towing sheets, I65. 1 single sheete, 125., ........ 1. 08. 00 Item, more 4 paire of course sheets, 85. pr, . . 1. 12. 00 Item, 1 long table cloth, IO5. 2 shorte tablecloths, IO5., 1. 00. 00 Item, 3 holland pillow beeres, 125. 3 flaxen pillow beers, IO5. 2 flaxen hand towells, 95. 1 course towell, 25., 1. 13. 00 Item, 1 course board cloth, 25. foure course towing tow- ells, 65., 0. 08. 00 Item, 6 flaxen napkins, 125. 1 chest & box, 45. 3 chaires, 45., 1. 00. 00 Item, 6 cushins, 125. 1 paire bellows, 25., . . .0. 14. 00 In the Hall chamber; one chest, 125. 1 paire curtans, 2O5. 1 little chest, 35. 1 shipp chest, 25. Qd., . 1. 17. 06 Item, one trunck, 55. one old trunck, 3*. one little chest, 25., 0. 10. 00 Item, one Fann, IO5. foure hogsheads, 85. 10 yards of course lyning at 18cZ. pr. . . . . . 1. 13. 00 Item, 5 great platters, 205. 4 small platters, IO5., 1. 10. 00 Item, 3 sasers, and 2 bigger dishes, . . . 0. 05. 04 Item, pewter bowle, 2 small potts, 45. foure porringers, 2I5. one sake, 35. one dozen of spoones, 2s. y\d., 0. 11. 06 Item, one chamber vessell, 25. \id. 12 skinns for cloaths at 55. p^ 3Z., 3. 02. 06 Item, the wearing cloaths, valued at . . . 6. 00. 00 In the Garritt chamber ; 1 flock bed & 4 blankitts, 2. 10. 00 Item, 8 sacks, 1. 00. 00 In the Kittchin ; 1 kettle, 305. one, I65. one, 125, 2. 18. 00 Item, 3 skilletts, IO5; 3 iron potts, 1 iron kettle, . 1. 14. 00 Item, one spitt, one lattin dripping pann, . . .0. 04. 00 Item, one brass sckumer ; in earthen ware and wooden dishes, 0. 06. 08 Item, one iron morter and pessell, . . . . 0. 05. 00 Item, 1 kneading trough, 1 forme, 1 table, . . 0. 08. 00 Item, 2 tramells, fier pann, tongs & cobiornes, . . 0. 11. 00 Item, 1 testing iron, 2s. two linnen wheeles, 65., . 0. 08. 00 Item, 3 siuefes,* 35. one treuett, \M, 1 chaffin dish, 0. 05. 06 Item, 1 cross cutt saw, 65. 2 muskitts, 245. 2 paire bandleers, 45. 1 fowling peece, 155., . . .2. 09. 00 • sieves 7 WILLS AND INVENTORIES. 491 Item, more one woollen wheele, . . . . 0. 0.3. 00 Item, in seuerall bookes, 20.?. and one sword, 4*. 1. 04. 00 In the Hall ; one table, 10.?. one press, lOs., . . 1. 00. 00 Item, one warming pann, bs. 1 halfe bushell, 2s. , . 0. 07. 00 Item, one great seife, 2s. in mony and wampum, 21., 2. 02. 00 In the chamher ouer the shopp ; 1 flock bed, 2 boul- sters, 2 blankiits, 1 yello: and white couerlitt, . . 4. 00. 00 [258] Item, In the working shopp ; in lasts, axes, hand- saw, beetle rings, iron wedges & other tooUs, . 1. 15. 00 Item, in 3 backs and halfe of leather, and one peece ; 10. 00. 00 Item, one parcell of leather, sould for 13Z., . . 13. OJ. 00 Item, one paire of Bootts, ..... 00- 10. 00 Item, in Cartes and wheeles, & chaines & plow irons, 2, 10. 00 Item, 6 oxen valued at, 38. 00. 00 Item, 2 cowes. III. one heifer, 2/. 10.?. two calues, 21., 15. 10. GO Item, 1 yeare old horse colt, 4/. 4 sheepe, bl. one blan- kitt more, 10*., 9. 10. 00 In wheat at Farmington, valued at 100 bush: out of which the family is to bee provided and some small debts paid. Item, 6 iioggs at 25s. p', and 3 piggs, ... 9. 00. 00 Item, 2 hiuefes ot bees, 1. 10. 00 Item, the dwelling howse, home lott, and little meadow lott, and outhowsing, with uplands, . . . 75. 00. 00 Item, 8 akers of meadow and swamp, in the northmeadow, 40. 00. 00 Item, 3 akers of meadow and some vpland on the east side of the great Riuer, ..... 12. 00. 00 Item, land and bowsing at Farmington, . . . 40. 00. 00 Totall sum is 332. 18. 10 John Tailecoate, Will: Westwood, Edward Stebbing, Thomas Standly. The distribution of the estate by the Court, the 7'^'' Decemb"", 1648, is as foUoweth : To the two eldest daughters, 50^. out of the moueables. To the eldest sonn, Calib, the howses and lands in Hartford, at the age of 21 yeares ; hee paying to the youngest daughter, if shee Hues, 30Z. To the youngest sonn, Isaack, after the decease of his mother, the land and bowsing at Farmington. These presents witnesse, that we Thomas Portter & Lois Porter haue fully receiued of o"' brother Caleb Standly of Hartford, that portion that was alotted or distributed to Lois by the Honoured Court as her portion due to her of her father Timothy Standly his estate, and we doe by these presents fully acquitt, exoneratt and discharge our sayd brother Caleb Standly, his heires, executors and adminis- trators of all debts, dues and demands whatsoeuer dew from him the sayd Caleb Standley, by vertue of any guift or distribution made of the estate of o' Honoured Father Timothy Standly deceased ; as 492 WILLS AND INVENTORIES. witness o'' hands this first day of December, in the the year of o' Lord, one thowsand, six hundred and seuenty. Witness, Samuel Cowles, Thomas Porter, Abigail Cowles. Lois Porter. This is a true coppy of the originall, being examined & compar- ed therewith, this 5"" of January, 1670, p"^ me, John Allyn, Secret'y' [259] October 17th, 1648. The Testament of Edward Chalkwell. Imp'': I doe bequeath vnto Nicholas Sension my gunn and sword and bandaleers and best hatt and forty shillings : Item, to John Moses, my best sute and coate and stockings and shoes : Item, to Mr. Warham, forty or fifty shillings, according as my goods doe hould out, after my debts bee paid : Item, to Georg Phelps, three pounds, and if any thing bee left, I giue it to the poore of the Church, and I doe make George Phelps executor to this my will and testament. Wittnes, Henry Woollcott, Nicholas Sension. An Inventory of the goods of Edward Chalkivell, December 5'* , Anno Dmni: 1648. Imp" A cotton sute, breeches and jackett, . . 00. 12. 00 Item, a cloth sute, breeches and jackett, . . . 00. 12. 08 Item, a coate, jackett and breeches, ... 3. 00. 00 Item, a leather doublitt, 8s. a cloth doublett, 5s , . 0. 13. 00 Item, a red jackett, 16*. Item, worsted stockings, 6;?. 6c^., 1. 02. 06 Item, a chest lock, Is. Gd. and 1 paire of gloues, 00. 04. 08 Item, a peece of trading cloth, 6s. 6d. 1 p'' shoes, 3*. 8d. 1 p' stockings 3^., 00. 13. 02 Item, 2 old paire stockings, Is. Item, 2 shirts, val'd 6s., 00. 07. 00 Item, a band and strings, 2s. Item, 7 yards of Lock- rum, 125., . . 00. 14. 00 Item, a gunn 12^. a cuttlas, 24^. a belt, 2s., . . 1. 18. 00 Item, his best hatt, 14s. an old hatt, I*., . . .0. 1-5. 00 Item, an axe howe, 6s, and chest, 2s. \id., . . 0. 08. 08 Item, bandleers and powder hoi-ne, . . . .0. 03. 00 Item, wheat, 2 bush: pease, 2 bush: ... 0. 14. 00 Item, p''t of a pott, frying pann, old payles, bedstick & barrill, 0. 09. 00 Item, seed wheat, 3 bush: ^, and 1 day ^ worke, . 0. 16. 00 Item, a bible, . - 0. 05. 06 Item, in flax, 13. 07. 08 WILLS AND INVENTORIES. 498 [260] March 20ti>, 1643. Whereas by the Providence of God, I William Whiting doe intend a voyage presently vnto sea, mans life being all- wayes incident to change, but so much the more in regard of my voyage, therfore, I did thinke good, if God should not re- turne mee with safety, to leaue some lynes in generall, as my last Will and Testament. And whereas that estate I haue doth lye in such a manner as it is vncerteine what it will bee, therfore my will is it should bee thusdevided : I giue vnto my loving wife, halfe my houshould stuffe of all kinds, and one fourth parte of my whole personall estate; and her widdowes estate in my now dwelling howse and lands at Hartford, vntill my Sonne William bee the age of twenty and one yeares, and after, if shee continue a widdow, I giue her the one halfe of my said howse and land for her life. I bequeath vnto my sonne William, one hundred pound more then I giue vnto either my Sonne John or my sonne Samuell. I bequeath vnto my sonne John one hundred pounds more, and my sonne Samuell, one hundred pounds more a peece, then I giue vnto my daughter Sarah or vnto my daughter Mary. The fourth parte of my es- tate being taken out for my wife, one hundred pound for my eldest sonne not being accounted with the rest, hee hauing an equall proportion with my two other sonns in the estate, my other two sonns and hee taking one hundred a peece, I bequeath the rest of my estate thus ; first, to haue 20/. paid vnto Mr Hooker, towards the furtherance of setting forth for the benefitt of the church his worke uppon the 17'^ of John,* with any else hee doth intend. I desire Mr. Stone may haue added vnto the 5/. I did promise him, 51. more. Allso, I be- queath 5/. towards the mending of the high wayes betwixt my howse and the meeting howse. Allso, I giue 5l. to some godly poore in the Towne. These sums being taken out, I doe be- queath the rest of my estate vnto my fiue children to bee equally deuided amongst them, that is, euery one a like propor- tion ; and this my said estate to bee improued vnto the best ad- vantage for the breeding vpp of my children in learning, to *This work of Mr. Hookers, so far as it was completed before his death, was first published in London, in 1657, under the title of "Christ's Prayer for Believers, a Series of Discourses founded on John xvii. 20-26." 43 494 WILLS AND INVENTORIES. schoole, and in the feare of God ; and theire portions to bee paid before the age of twenty and one yeares, as the provi- dence of God shall giue occasion. And my will is that if any of them dye before the said tearme of yeares, the portion should bee deuided among the rest of my children. And that this my will may bee performed, I doe earnestly intreat my much hon- ored frends and beloued in the Lord, Mr. John Haynes, Mr, Edward Hopkins, Mr. John Webster, with o^^ deare and louing Pastor, Mr. Thomas Hooker and Mr. Sainuell Stone, to bee ou»"seers of this my last will and Testament, not doubting they will indeauo"" the performance of the same. In testimony of my loue to them, I doe bequeath, out of my whole personall estate, lOZ. a peece. Allso, I doe bequeath vnto my Father and Mother, 20/., and if they bee dead my minde is it should bee giuen vnto my brother and his children. My meaning is, my land and howse shall bee accounted a parte of my sonne Will- iam, his portion. And my will is, if those my oui^seers doe thinke my second sonne fitt to make a schollar, for his naturall parts, and allso in the gifts of his mind hopefuU to keepe the fire vppon the Alltar, my will is hee should bee sett aparte for that seruice. This is my last will, as wittnes my hand, the day and yeare aboue. William Whiting. Aprill 2*1, 1646. Whereas by the providence of God, I am intending a voyage, my will is that my sonne Joseph shall haue an equall portion with my sonne John and my sonne Sainuell, out of my whole personall estate. Allso, I giue my sonne WiUiam, 50/. more. I giue vnto my daughter Mary, 10/. more. Allso, I giue vnto my sister Wiggen, 5/. and vnto her children, 3/. a peece. I giue vnto Margery Parker, 10/. My former will, my mind is, it should bee in force ; and these last legacies should bee paid at the age of 21. The rest to bee paid in one yeare after my decease. p"" mee, This was done in the presence William Whiting. of Mr. Edward Hopkins. [261] In a letter to Mr. Hopkins hee did further express him- self, as foUoth : WILLS AND INVENTORIES. 495 S*", I left my last with you. God hath increased my number. My mind is that the last should haue an equall proportion with the rest. And whereas I did referr some trust with Mr. Haynes, 1 doe now referr all vnto you, and the rest expressed therin. William Whiting. And vppon his death bed hee did declare, as follow*** : It is my minde, if the Lord take mee away at this present, before I can draw vp any further will, that the children w^^ Ood hath giuen mee since the will was made w^h I haue in Mr. Hopkins his hands, shall haue an equall proportion in all my estate, together with the rest of my children, as I haue there deuised. Allso, I confirme ten pounds giuen to Mr. Hopkins, ten pounds giuen to Mr. Webster, ten pounds to Mr. Hookers children, ten pounds to Mr. Stones children, ten pounds to the pore, fine to Hartford and fiue to theise other two townes Wyndsor and Wethersfeild, and fiue pounds to Mr. Smiths ■children, of Wethersfeild. July 24'h 1647. William Whiting.* In the presence of Henry Smith, Jeames Cole. April 24th, 1649. The Courte taking into serious consideration Mr. Whitings Will, and judging it necessary for the preuenting of future dif- ference to express theire judgements therevpon, doe conceiue that it was according to his true meaning and intent that the last Sonne borne after his death should haue an equall portion with the rest of his sonnes, except the eldest ; And they doe conceiue that twenty pound should be paid to Mr. Hooker vp- pon a speciall consideration, viz : for the putting forth of his worke vpon the 17*^ of John ; and the ten pound giuen in his last writing to Mr. Hookers children, to bee in leiw of the ten pound giuen in his first writing to Mr. Hooker as ouerseer. Allso, they doe conceiue that the fiue pounds giuen to Mr. Stone, in his first writing, should bee paid, and the ten pounds giuen in his last writing to Mr. Stones children, to bee in leiw of the ten pounds giuen Mr. Stone, in his first writing, as ouer- * Administration granted to the widow of Mr. Whiting, Sept. 2, 1647. The estate distrib- uted, Oct. 3d, 1654. See pages 157, 262. 496 WILLS AND INVENTORIES. seer. To his Father etc. twenty pounds, fiue pounds to his sister Wiggen, and three pounds a peece to her children. Ten pounds to Margery Parker ; fiue pounds to Mr. Smiths children ; fiue pounds to the mending of the highwayes, and fiue pounds to the pore of Hartford ; fifty shillings to the pore of Wyndsor, and fifty shillings to the pore of Wethersfeild. That legacy giuen to Mr. Haynes is left to further considera- tion. Theise are the aprehensions of the Courte for the present, till other and better lighte appeares. It was further declared by the Courte, this 24tiJ of March, 16f f, that it is theire aprehensions, according to their present lighte, that whereas Mr. Whiting giues his wife her widdowes estate in her howse &land in Hartford, vntill his sonne William comes to the age of 21 yeares, that it was his intent and mean- eing that his said wife should injoye his said howse and land vn- till William bee of the age aforesaid of 21 yeares, though shee bee marryed before. And whereas, hee giues her one fourth p^t of his whole per- sonall estate, It is in like manner theire aprehensions, the 24*^ March, 16f f, that it was his intent & meaning that his said wife should not haue a fourth p^t of his bowsing & lands. [262] Aprill 20th, 1649. A71 Inventory of the Estate of Mr. William Whiting, deceased. In the parlour ; It: A featherbed, 2 flock bedds, 2 p'' of sheets, blankitts, stooles, a clock, a safe, a bedstead, cradle, cobirons &c. valued at, . . . In the Hall ; It: a table, a courte cubberd, 6 joint stooles, 3 cbaires, 6 cushions, and andii'ons &c. valued at, hi the parlour Chamber ; It: 2 flock beds and boulsters, It: 2 featherbeds, boulsters and pillowes, It: 6 blankitts, 1 p' sheets, 2 coverlitls & a trundle bed, It: a coverlitt, vallance, curtaine, cubbert cloth, 2 small carpets, ........ It: a bedstead, 2 chaires, and 4 stooles, It: a cubberd, a window cushion, cobirons and 3 p of bellowes, 02. 02. 08 It: 8 paire of fine sheets, 6 large table cloaths, 12 pillow beers, 4 doz. fine napkins, and 6 shorte table cloaths, 19. 06. 00 It: a chest contayning seuerall remnants of wollen and linnen, intended for thevse of the family, valued at, 10. 00. 00 £ . s. d. 17. 06. 00 04. 17. 00 03. 00. 00 14. 00. 00 07. 01. 00 09. 00. 00 02. 06. 00 12. 00 10. 00 10. 00 00. 00 00. 00 WILLS AND INVENTORIES. 497 It: a trunck and 4 window curteines, . . . 00, 18. 00 In the Hall Chamber; It: 6 cushions, 2 greene carpetts, a coverlitt, a sett of curtaines and valence of greene say, 5 old curtaines and valence, . . 07. It: a chest & 4 ti'uncks 1/. 10^.; 2 remnants of Kither- mast' stuff, 21., ...... 03. In the closeit ; It: seuerall pewter dishes cont: 9l/Z>s.; a flagon, 2 candlesticks &l a chamber pott, valowed at, 06. In the garritt ; It: a flockbed, 2 boulsters, a blankitt, 2 ruggs, 2 pillows and a bedstead, . , . 05. It: 5 p' of sheets and 5 doz: napkins, . . . 05. In the kitching chainber ; It: a bed, 2 couerings, a p"" of sheets, and two bedsteads, .... 03. 10. 00 In the Kittching ; It: 2 brass potts, 5 iron potts and an iron kettle, 4 brass panns and 6 brass kettles and 9 skilletts, 14. 10. 04 It: a pott posnett, a brass morter & chafing dish, 01. 00. 00 It: 12 old pewter dishes, 6 porringers, 2 quart potts, 1 pinte, 2 chamber potts & a roster, . . 02. 03. 04 It: a frying pan, gridiron, 3 spitts, a jack, racks and cobirons, . . . . . 01. 17. 00 It: a furnace, 2 dripping panns, and a grater, . 03. 04. 00 It: in tubbs and keelers &c., . . . .02. 10. 00 It: a new iron kettle &. a warming pann, . 00. 13. 04 It: in plate and niony, . . . . 14. 10. 00 161. 06. 08 In the closett, more ; It: in wampum, . . 39. 09. 00 It: in howes and hatchetts, shoes, nayles, pinns, paper, shott, fish hooks, and all blades, , . 16. 19. 00 It: in Beauer, 10/. 4*.; It: in Amunition & gunpowder, 11. 10*., ..... 17. 14. 00 It: in shagg cotton, stockings, hollands, deare skinns & 9 yards stuff, . . . . 19. 03. 00 It: in hatts, capps, gilded looking glasses, 7 peeces tape, tinn cupps and dram cupps, . . 04. 13. 06 It: 25 yards greene tammy, 2/. 18*. Ad.; 13 peeces of duffles, i30/., .... 132. 18. 04 It: in looking glasses, pewter bottles, brass ladles, brushes, bells, thimbles, boxes, kniues, sissers, combs, Jewes harps, . . . .19. It: 4 small brass kettles, .... 01. It: 2 Racoone coats, 1 Wolf skin coate, 4 Bear skinns, 3 Mooss, ..... 06. It: one small baser, 2/.; It: 2 p' of stilliars, IZ. lOs., 03. It: Tobacko pipes, \l. lOs.; It: in bookes and apparell, 25Z. 23. It: in beauer, mooss and wampum, more, . . 250. It: in 2 great gunns, anker, a cable, & hides, vppon Cariso:* adventure, .... 61. 11. 06 * Curacoa ■? 43* 06. 02 06. 08 10. 00 10. 00 10. 00 00. 00 498 WILLS AND INVENTORIES. It: in skinns, and debts, vppon a voyage to Verginia, in anno 1647, yet due, .... 67. 10. 00 It: in Tobacko, at Verginia, . . .65. 00. 00 It: in the proceed of corne and porke, sould in anno 1648, 48. 00. 00 II: in oyle, soape, vinegar and other goods from Dela- vvar, yMast yeare, . . . .30. 00. 00 It: in trade at Long Hand, . . . . 30. 00. 00 It: in stock for trade at Waranoco, . . 100. 00. 00 It: in goods sent from England, . . . 65. 19. 03 It: in p"t of a pinnace, . . . .40. 00. 00 It: in debts in the book, whereof -^ is doubtful, . 372. 00. 00 It: in debts at Dill aware, w*"'' are harserdous, . 90. 00. 00 It: in debts heere, vppon Mr. Whitings last voyage to Dillawar, ..... 15. 00. 00 It: a debt of Steph: Luxford, very doubtfull, 15. 12. 00 It: a hhd. of Beauer, very haserdous, at least in great ]ft, sent for England, in Trerice, valued at, . 60. 00. 00 It: goods and debts at Piscataway, very haserdous, 150. 00. 00 It: 7 cowes, a bull stagg and a young bull, 5 calues, and 9 other cattle, at Warranoco, & 1 at the sea side, at 102. 00. 00 It: 2 mares, 3 horses and 3 colts, . . .77. 00. 00 It: 20 hoggs, small and great, that were killed, . 45. 00. 00 It: 23 store hoggs, 20/.; It: beefe in the tubb, lOZ., . 30. 00. 00 it: bowsing an"d land at Wyndsor, at . . 300. 00. 00 It: bowsing and land in Hartford bounds, . . 400. 00. 00 2854. 00. 00 Debts owing by this estate, about 97Z. This'aprizement was made the day and yeare before expressed, according to the best light that then appeared, by vs, Nathaniell Warde, John White. [263] The last Will and Testament of Mr. Thomas Hooker, late of Hartford, deceased. I Thomas Hooker, of Hartford, vppon Connecticutt in New England, being weake in my body, through the tender visitation of the Lord, but of sound and perfect memory, doe dispose of that outward estate I haue beene betrusted withall by him, in manner following : — I doe giue vnto my sonne John Hooker, my bowsing and lands in Hartford, aforesaid, both that which is on the west, and allso that W^^ is on the east side of the Riuer, to bee inioyed by him and his heires for euer, after the death of my wife, Susanna WILLS AND INVENTORIES. 499 Hooker, provided hee bee then at the age of one and twenty yeares, it being my will that my said deare wife shall inioye and possess my said howsing and lands during her naturall life : And if shee dye before my sonne John come to the age of one and twenty yeares, that the same bee improued by the oui'seers of this my will for the maintenance and education of my chil- dren not disposed of, according to theire best discretion. I doe allso giue vnto my sonne John, my library of printed bookes and manuscripts, vnder the Hmitations and provisoes hereafter expressed. It is my will that my sonne John deliuer to my sonne Samuell, so many of my bookes as shall bee valued by the ou""seers of this my will to bee worth fifty pounds ster- ling, or that hee pay him the soiTie of fifty pounds sterling to buy such bookes as may bee vseful to him in the way of his studdyes, at such time as the ouerseers of this my will shall judge meete ; but if my sonne John doe not goe on to the per- fecting of his studdyes, or shall not giue vpphimselfe to the ser- uice of the Lord in the worke of the ministry, my will is that my sonne Samuel inioye and possesse the whole library and manuscripts, to his proper vse for euer ; onely, it is my will that whateuer manuscripts shall bee judged meete to bee printed, the disposall thereof and advantage that may come thereby I leaue wholly to my executrix ; and in case shee departe this life before the same bee judged of and setled, then to my ouerseers to bee improued by them in theire best discretion, for the good of myne, according to the trust reposed in them. And howeuer I do not forbid my sonne John from seeking and taking a wife in England, yet I doe forbid him from marrvins; and tarrvins there. I doe giue vnto my sonne Samuell, in case the whole library come not to him, as is before expressed, the sum of seuenty pounds, to bee paid vnto him by my executrix at such time, and in such manner, as shall be judged meetest by the ouerseers of my will. I doe allso giue vnto my daughter Sarah Hooker, the sum of one hundred pounds sterling, to bee paid vnto her by my exec- utrix when she shall marry or come to the age of one and twenty yeares, w<=h shall first happen ; the disposall and further educa- 500 WILLS AND INVENTORIES. tion of her and the rest, I leaue my wife, advising them to at- tend her councell in the feare of the Lord. I doe giue vnto the two children of my daughter Joannah Shephard deceased, and the childe of my daughter Mary New- ton, to each of them the sum of ten pounds, to bee paid vnto them by my sonne John, within one yeare after hee shall come to the posession and inioyment of my howsings and lands in Hartford, or my sonne Samuell, if by the decease of John, hee come to inioye the same. I doe make my beloued wife Susanna Hooker, executrix of this my last Will and Testament, and (my just debts being paid,) doe giue and bequeath vnto her all my estate and goods, moueable and imoueable, not formerly bequeathed by this my will. And I desire my beloued frends, Mr. Edward Hopkins and Mr. William Goodwyn, to afFoard theire best assistance to my wife, and doe constitute and appoint them the ouerseers of this my will. And it hauing pleased the Lord now to visitt my wife with a sicknes, and not knowing how it may please his Mat^^e to dispose of her, my minde and will is, that in case shee departe this life before shee dispose the estate bequeathed her, my aforesaid beloued frends, Mr. Edward Hopkins and Mr. William Goodwyn, shall take care both of the education and dispose of my children (to whose loue and faithfullnes I com- mend them,) and of the estate left and bequeathed to my wife, and do committ it to theire best judgment and discretion to manage the said estate for the best good of mine, and to bestow [264] it vppon any or all of them in such a proportion || as shall bee most sutable to theire owne api^hensions ; being willing onely to intimate my desire that they w^h deserue best may haue most ; but not to limmitt them, but leaue them to the full scope and bredth of theire owne judgments ; in the dispose whereof, they may haue respect to the forementioned children of my two daughters, if they see meet. It being my full will that what trust I haue comitted to my wife, either in matter of estate, or such manuscripts as shall bee judged fitt to bee printed, in case shee liue not to order the same herselfe, bee wholly trans- mitted and passed ouer from her to them, for the ends before specified. And for mortallity sake, I doe put power into the hands of the forementioned beloued freinds, to constitute and WILLS AND INVENTORIES. 501 appoint such other faithful! men as they shall judge meete, (in case they bee depriued of life or libberty to attend the same, in theire owne persons,) to manage, dispose and performe the es- tate and trust comitted to them, in as full manner as I haue comitted it to them for the same end. This was declared to bee the last Thomas Hooker. Will and Testament of Mr. Thomas Hooker, the seuenth day of July, 1647, In the presence of Henry Smith, Samuel 1 Stone, John White. [265] An Inventory of the estate of Mr. Tho?nas Hooker, deceased, taken the 2lst Aprill, 1649. In the neio Parlour ; It: 3 chaires, 2 stooles, 6 cushions, a clock, a safe, a table, window curtaines &c., 05. 00. 00 In the Hall ; It: a chest of drawers, and in it, 2 dozen of dishes, a pewter flagon, basons, candlesticks, saw- cers, &c., , . . . .06. 00. 00 It: in ammunition, 4Z. It: in a table, & forme, and 4 wheeles, 1/., ..... [05. 00. 00] hi the ould Parlour ; It: 2 tables, a forme, 4 chaires, 4 stooles, 4 table carpetts, window curtaines, andirons and doggs &c. in the chimny, . . 09. 00. 00 In the Chamber ouer that ; It: a featherbed and boulster, 2 pillowes, astrawbed, 2 blankitts, a rugg, and cou- erlitt, darnix hangings in 7 peeces, window cur- taines, curtaines and valence to the bed, a bedstead, 2 chaires, and 3 stooles, andirons &c. in the chim- ny, & a courte cubberd, ... 14. 05. 00 It: curtaines and valence to the same bed, of greene say, and a rugg of the same, with window curtaines, 05. 00. 00 In the Hall Chamber ; It: atrunck of linnen, cont: 20 p' sheets, 8 table cloaths, 5 doz. napkins, 6 p" of pillow beers, andtowells, . . . .27. 00. 00 It: a bedstead, two truncks, 2 boxes, a chest &achaire, 03. 05. 00 In the Kittchin Chamber ; It: a featherbed, a quilt bed, 2 blankitts, 2 couerlitts, 1 boulster, a flockbed and boulster, a rugg and blankitt, a chest & ould trunck, and a bedstead, . . . .12. 00. 00 In the chamber ouer the new Parlour ; It: 2 featherbeds, 2 boulsters, a p' of pillows, 5 blankitts and 2 ruggs, stript valence and curtaines for bed & windowes, a chest of drawers, an Alarum, 2 boxes, a small trunck, 2 cases of bottles, 1 p" of dogs, in the chim- ney, . . . . . 21. 00 00 502 WILLS AND INVENTORIES. In the garriUs ; It: in corne and hoggsheads and other houshould lumber, ... 14. 15. 00 It: in apparrell and plate, .... 40. 00. 00 In the Kittchin ; It: 2 brass kettles, 3 brass potts, 2 cha- fing dishes, 2 brass skilletts, a brass morter, a brass skimmer, and 2 ladles, 2 iron potts, 2 iron skilletts, a dripping pann, 2 kettles, 2 spitts & a jack, a p"^ of cobirons, a p'' of andirons, a p" of doggs, fire shouell and tongs, 2 frying panns, a warming pann, a grid- iron, 7 pewter dishes, 2 pjrringers, 1 p' of bellowes, a tinn dripping pan, a roster, & 2 tyn couers, pott- hooks and trammells ; all valued at . 12. 10. 00 In the Brew howse ; It: a copper mash tubbs, payles, treyes, &c. ..... In the sellars ; It: 2 stills and dairy vessells, It: in yearne ready for the weauer. It: 2 oxen, 2 mares, 1 horse, 2 colts, 8 cowes, and 2 heifers, 3 two yeares ould and 6 yearlings, val- ued at, .... . 143. 00. 00 It: husbandry implements, .... 05. 00. 00 It: Howsing and Lands within the bounds of Hartford, on both sides the Riuer, . . . 450. 00. 00 It: Bookes in his studdy &c., valued at . . 300. 00. 00 It: an adventure in the Entrance, . . . 50. 00. 00 04. 10. 00 06. 00. 00 03. 00. 00 1136. 15. 00 The foregoing particulars were prised the day and yeare aboue written, according to such light as at p'^sent appeared, by Nathaniell Ward, Edward Stebbing. [266] The last Will and Testament of Mr. Henry Smith, late of Wethersfeild, deceased. I Henry Smith, of Weathersfeild, being at present in health of body and soundnes of minde, considering my mortallity, and knowing it to bee my duty to prouide for my family and settle my estate, that I may leaue no occasion of trouble to my chil- dren when I am gonn, and that I may free myselfe from distrac- tions of this kinde, if it shall please God to visitt mee with sick- nes before I dye ; I doe therfore leaue this testimony vppon Record, as my last Will and Testament. First, I doe professe my faith and hope to bee in the free grace aloane of God in Jesus Christe, whose I wholly am, and to whome I haue for euer giuen vpp my selfe, both soiile and WILLS AND INVENTORIES. 503 body, being fully perswaded of his vnchangeable loue and good- will, both in life and death to mee and mine, according to his covenant, viz : I am thy God, and the God of thy seed after thee. Then for my owtward estate, W^'^ because it is but little, and I haue well prooued the difficultyes of this Country, how hard a thinge it will bee for a woman to mannage the affaires of so great a familye as the Father of Mercyes hath blessed me with- all ; and haue had allso experience of the prudence and faithfull- nes of my deare wife, who shall, in parting with me, parte allso with a great parte of her liuelihood ; I do therfore bequeath and giue vnto her, the full power and dispose of all that estate •w*^^ God hath giuen mee, in bowses, lands, cattells and goods whatsoeuer, within dores and without ; onely providing, that in case shee marry againe, or otherwise shee bee able comfort- ably to spare it from her owne necessary maintenance, that shee giue vnto my sonne Samuell that parte of my howselott that was intended for my sonne Perrigrine, lyinge next to the burying place, and the land I haue beyond the great Riuer eastward ; and allso, to him and my second sonne Noah, fiue acres apeece of meadow, with vplands proportionable therevnto, and to the rest of my children vnmarried twenty pounds apeece, at the age of one and twenty yeares, or at the time of her death, w^^ shall come the sooner. And for my two daugh- ters that bee married, my desire is, that they may haue twenty shillings a peece, and euery one of theire children, fiue shillings a peece, either in bookes or such other thinges as my wife shall best please to parte withall. And I desire the Church, whose seruant I now am, to take the care and ouersight of my family, that they may bee brought vp in the true feare of God ; and to see that this my will bee faithfully p^formed. In witnesse hereof, I haue subscribed my name, the 8*^1 May, 1648. Henry Smith. [267] The Inventory of Mr. Henry Smith of Weather sfeild, lately deceased. Imp': wearing clothes, .... 20. 00. 00 It: Bookes, ..... It. 3 feather beds, with all thinges belonging to them, two sutes of linen, . . . 40. 00. 00 504 WILLS AND INVENTORIES. It: 2 flock beds, with two sutes of Linnen, and all things belonging to them, . . . . 08. 00. 00 It: Table linnen, 4Z. It: one carpett, 11. It: chests and truncks, 11. IQs., . . . . 06. 10. 00 It: 4 cushion stooles, 155. It: 9 cushions, 11. 10s., 02. 05. 00 It: Tables, chaires, stooles, and other things belonging to them, ..... 01. 10, 00 It: Cob irons, trammells and other fire irons, . 02. 08. 00 It: Brass, iron potts, & pewter and such like, . 15. 00. 00 It: Beare vessells, tubbs, and other wooden vessells, 02. 00. 00 It: Armes and Ammunition, . . . 04. 00. 00 It: Axes, howes and other husbandry tooles, . 03. 10. 00 It: inCorne, UL 10s. It: in Maulte, 21, Ss., . 16. 18. 00 It: Meate and Bacon, 6?. It: Bees, 8Z., . . 14. 00. 00 It: Howses and lands, 180Z. It: a Horse and Mare, 23/., 203. 00. 00 It: 3 Cowes, 15/. It: one lastyeare heifer, 11. 10s., 16. 10. 00 It: one sow and 2 piggs, . . . 01. 10. 00 It: due to the estate in debts, . . . 40. 00. 00 397. 01. 00 Owing from the estate, 026. 02. 06 Jeames Boosy, Sammuell Smith. The sum remaining is 370. 18. 06 [268] The last Will and Testament of Gyles Gibbs, of Wyndsor, deceased. Know all men by these presents that I, Gyles Gibbs, of Wyndsor, on Connecticutt, yeoman, being weake in body but of perfect vnderstanding and memory, doe ordaine this my last will and Testament, as follow^h: Imp"": my will is, that my sonne Gregory bee put forth an Apprentice to some godly man, for the space of fiue yeares, at the discretion of my execut: and the ouerseers of this my last will ; and if hee submitt therevnto and stay out his time to the likinge of my ouerseers, I doe then bequeath vnto him my lott ouer the great Riuer, to him and his heires foreuer, in case my said ouerseers haue any incouragement to judge him worthy ; otherwise at theire discretion, I bequeath him 5/. to bee paid him at the age of 21 yeares. Allso, I giue to my two sonnes, Sammuell and Beniamin, 20/. a peece, and to my daughter Sarah, 20/., to bee paid them at the age of 21 yeares. And to WILLS AND INVENTORIES. 506 Jacob, my sonne, I giue my howse and lotts, meadow, home- lotte and great lott and lottes whatsoeuer on this side the great Riuer, after his mothers life. And to my wife, I giue all my lottes, howses, all my househould goods, cattells and chattells, my debts being discharged ; provided that in case my said ouerseers haue no good incouragement concerneing the dispo- sition of my Sonne Gregory, but doe judge him vnworthy a fathers blessing, vnder theire hands, my will is that my execut: shall haue the said lotte towards the education of my children, vntill my sonne Jacob shall attaine the age of 21 yeares ; and then my will is that my sonne Jacob shall haue it to him and his heires for euer. And Executrixe of this my last Will, I appointe Katherine, my wife. And ouerseers of this my Will and Testament, I appointe the Deacons of the Church of Wynd- sor, at all times in being. Blessed bee God. May 18th, 1641. Witness, Gyles Gibbs. John Warham, Ephraim Huitt. Postscript : 1 giue to Elizaphatt Gregory, 10 bushells of Corne, in case hee discharge the debt I gaue my worde for him to Mr. Huitt. And to Richard Wellar, I giue 40s., by 205. a yeare, beginninge from September next. Witness, John Warham, Ephraim Huitt. [269] Wyndsor, 8*^ Septemb^, 1648. An Inventory of the estate of Samuell Allyn, late of Wyndsor, deceased. £ Imp': the bowsing and homelottes, 11/. ; It: 4 acres of meadow, 11. . . . . 18. 00. 00 It: 15 acres ouer the great Riuer, . . .15. 00. 00 It: 18 acresof vpland, . . . 04.10.00 It: in goodes ; one bed with his furniture, . . 05. 00. 00 It: two beds more, &c. . . . 02. 14. 00 It: one pillowbeere, one table cloath and napkins, . 00. 10. 08 It: his wearing apparrell, . . . 05. 05. 00 It: 3 iron potts, 21. 5s. ; in brass, 11. lOs. ; in pewter, 11. , 04. 15. 00. 44 506 WILLS AND INVENTORIES. It: in hogsheads, payles, tubbs and earthen ware, 00. 19. 00 It: 2 spinning wheeles, . . . .00. 07. 00 It: in crookes, Grid iron, fire pan and tongs, . 00. 13. 00 It: his workeing tooles, 21. 2^. ; It: a muskitt and sworde, 13s., . ... 02. 15. 00 It: a table, and forme, and other lumber, . . 00. 10. 00 It: in cattle ; one cowe, one heifer, 1 yearling, 12. 00. 00 It: two swynes, .... 04. 00. 00 Henry Clarke, . 76. 18. 08 Dauid Willton, [270] The last Will and Testament of Thomas Nowell. I Thomas No well, of Wyndsor on Conecticutt, being righte in vnderstanding and of perfect memory, in regard of my age and weaknes desiringe to sett my howse in order, as my last Will and Testament and a token of my loue and respect, doe be- queath vnto Robert Willson my kinsman, one steere and one cowe ; and vnto Isable Phelps my kinswoman, one cowe. And in case my wife shall after my decease marry againe, then it is my will and Testament that at the time of marriage forespece- fied, the said Elizabeth, ouer and aboue my foresaid gifts, shall pay to the said Robert and Isable each of them, ten pownds a peece Item, as a token of my loue, I bequeath vnto my wife Elizabeth all the rest of my estate in goods, debts or dues of what kinde soeuer, to her full and finall dispose as shee shall see best ; as allso I bequeath vnto her my dwelling howse, with all my lands thereto pi^taininge in Wyndsor aforesaid, for and during the tearme of her life. And after her decease, as a token of my love, I bequeath my said howse and land vnto Christopher Nowell, son of Edward Nowell, of Wakefield, in Yorkshire in England, deceased, to him and his heires for euer. And to this my last Will and Testament, wittnes my hand, subscribed this present November 3'^, Anno Domini, 1648. Wittnes, Isable Phelps, Thomas Nowell. Bray Rosseter. WILLS AND INVENTORIES. 507 An Inventory of the Estate of Thomas Noivell, late of Wyndsor de- ceased, prized by vs whose names are heere vnderwritlen, Fehr. 22'\ 1648. £/ s. d. Imp"^: The dwelling howse, barne, outhowses, with the homelott, orchyard, with an addition of meadow adioining, .... 75. 00. 00 Item, 13 akers of meadow, 21. \0s. p"^ acre, . 45. 10. 00 Item, 66 akers of vpland, with some additions, . 03. 00. 00 In Uie Parlour ; Item, one standing bed, with its furniture, . . .17. 00. 00 Item, one trundle bed, with its furniture, . 10. 00. 00 Item, one couerlitt, 4 p" of sheets, 3 p' pillow beers, 06. 12. 00 Item, 3 table cloaths, 15 table napkins, . . 02. 18. 00 Item, 14 yards ^ of new linnen, with some cotton cloath, 02. 03. 06 Item, more new cloath, 5 yards "I", . . . 00. 13. 09 Item, a cubberd, a table, a chaire, a small box, 3 stooles, 02. 10. 00 Item, 2 truncks, one chest, \l. Qs. ; Item, 15 cushions, 21. Qs., . . . . .03. 12. 00 Item, 2 Bibles, and some other bookes, . . 00. 14. 00 Item, a p'' of gold waights, . . . 00. 03. 00 Item, his wearing apparrell, IIZ. 11^. ; Item, 2 car- petts, 2/., . . . . 13. 11. 00 Item, in mony and plate, .... 34. 00. 00 [271] Item, a pewter flagon, 2 platters, 3 saltes, 2 pintes, 01. 00. 00 Item, a pr. of andirons, tongs and other things, . 00. 13. 00 Item, 33 yards of kersy, IIZ. 4*. ; Item, 5 yards ^ of searge, M. lbs. . . . 12. 19. 00 In the Kittchin ; Item, in Pewter, . . 04. 00. 00 Item, in Brass, ..... 04. 03. 04 Item, one iron pott, one fryinge pann, . . 00. 12. 00 Item, 2 peeces, a p" of bandleers, . . 01. 06. 00 Item, one broiling iron, one cleaver, 1 spittle iron, 2 spitts, one smoothing iron, one gridiron, 00. 18. 06 Item, 2 p"' of andirons, fire shouell and tongs, . 00. 18. 00 Item, 2 chaffing dishes, potthookes and hanging, 00. 05. 06 Item, one chaire, one p'"of bellowes. Is. ; Item, 2 linnen wheeles, 6*., .... 00. 13. 00 In the sellar ; Item, 2 beare barrills, one butter churne, 2 Runletts, . . 00. 13. 00 Item, one case of bottles, one salting trough, . 00. 08. 00 Item, in Porke, 2Z. 10*. ; Item, in tubbs and other lum- ber, 1/., .... 03. 10. 00 In the Parlour Loft ; Item, one bed with its furniture, 05. 00. 00 Item, 7 bush: rye, 3 bush: maulte, 20 bush: pease, 04. 13. 00 Item, 22 bush: wheat, .... 04. 08. 00 Item, 2 sacks, 2 baggs, 1 hogshd., some old tooles, 00. 18. 06 Item, yearne, linnen and cotton, . . 01. 14. 00 Item, 12 yards of okam cloath, . . . 00. 18. 00 508 WILLS AND INVENTORIES. In'ihe Kitchin Lofts and Garritts ; Item, 10 bush: In- dian corne, . . , .01. 05. 00 Item, in Bacon, . . . . 01. 00. 00 Item, 1 saddle, 1 cloakbag, 1 pillion, 1 sidesaddle and pillion cloath, . . . .02. 06. 00 Item, 2 horse collars, and other geares, . 00. 12. 00 Item, 3 pillowes, one blankitt, . . . 01. 00. 00 Item, 3 hogshds, 2 sythes, flax, and other lumber, 02. 00. 00 In the yardes and outhowses ; Item, 2 horses, onecolte, 27. 00. 00 Item, 2 oxen, 2 steares, . . . .23. 00. 00 Item, 3 cowes, one heifer, one young bull, 18. 05. 00 Item, 3 swyne, . . . . 02. 00. 00 Item, waine, wheeles, expinns, cops and pin, . 01. 10. 00 Item, 2 yoakes with theire irons, 2 chaines, 2 p"" yoake crooks, . . . . . 01. 00. 00 Item, one plow, one harrow, one grynding stone, 01. 05. 00 Item, 4 stocks of Bees, . . . . 03. 00. 00 Item, (more abroad) 2 cowes, one steare, . . 15. 00. 00 Item, one iron crow, a saw, beetle and wedges, with some other things, . . . . 01. 10. 00 Henry Clarke, Totall sum is, 368. 11. 01 Dauid Willton, John Moore. X CODE OF LAWS, ESTABLISHED BY THE GENERAL COURT, MAY, 1650.* ^ [Recorded in Vol. II.] [6*] Forasmuch as the free fruition of such Libberties, Immunities, Privileges, as Humanity, Civillity and Christianity, call for, as due to euery man in his place and proportion, without Impeachm' and infringement, hath euer beene and euer will bee the Tranquillity and Stabillity of Churches and Common wealths, and the denyall or de- privall thereof, the disturbance if not ruine of both : — It is therefore ordered by this Courte and Authority thereof, that no mans life shall bee taken away, no mans honor or good name shall bee stained, no mans person shall be arrested, restrained, ban- ished, dismembered nor any way punnished ; no man shall bee de- prived of his wife or children, no mans goods or estate shall bee taken away from him, nor any wayes indamaged, vnder colour of Law or countenance of Authority, vnless it bee by the vertue or equity of some express Law of the Country warranting the same, established by a Generall Courte, and sufficiently published, or in case of the defect of a Law in any perticular case, by the word of God- 3 •In April, 1646, the General Court desired Mr. Ludlow "to take some paynes in drawing forth a body of lawes for the gouermnent of this Commonwelth, & present them to the next Generall Courte." (p. 138, ante.) The request does not appear to have been in)mediately com- plied with, — at least, the work v^s not completed in time to be presented for the action of the Court, before May, 1647 ; it was then ordered, that when the body of laws should be per- fected, aa the Court had desired, Mr. Ludlow " should, besides the paying the hyer of a man, be further considered for his paynes." (p. 154.) No further mention of the progress of the work, or of its completion, occurs upon the records, until Feb. 1651, when an order of the Court, granting extra-compensation to the Secretary for "drawing out and transcribing the country orders, concluded and established in May last" enables us to fix the date of its adoption. This Code, (usually cited as ' Mr. Ludlow's code,' or ' tlie code of 1650,') is recorded at the end of Vol. 11. of the Colony Records, and separately paged. The orders subsequently passed, were, from time to time, added at the end, or occasionally inserted under the appropriate title, by the Secretary. Prefixed to the Laws is a copy of the Fundamental Orders, or Constitution of 1639, already printed, on page^ 20—25 of this volume. 44* 510 CODE OF LAWS. [7*] ABILLITY. It is ordered by this Courte, that all persons of [the age] of twenty one yeares and of right vnderstanding, whether excomunicated, con- demned or other, [shall] haue full power and libberty to make theire W[ills and] Testaments, and other lawfull alienations of theire [lands] and estates, and may bee Plaintiffes in a civill case. ACTIONS. It is further ordered and decreed, that in all Actions brought to any Courte, the Plaintiff shall haue libberty to withdraw his Action, or to bee non suted, before the Jury haue giuen in theire verdict, in w°'' case hee shall allwayes pay full costs and charges to the De- fend', and may afterward renew his suite at another Courte, the former non suite being first recorded. It is ordered by this Court and the Authority thereof, that the Age for passing away of Lands or such kinde of Hereditaments, or for gluing of voates, verdicts or sentences in any civill Courtes or causes, shall bee twenty and one yeares, but in case of chusing of Guardians, fourteene yeares. ARRESTS. It is ordered and decreed by this Courte and Authority thereof, that no person shall bee arrested or imprisoned for any debt or fyne, if Law can finde any competent meanes of satisfaction otherwise from his estate ; and if not, his person may bee arrested and im- prisoned, where hee shall bee kept at his owne charge, not the Plain- tiffs, till satisfaction bee made, vnless the Courte that had cognis- cance of the cause or some Superior Courte shall otherwise deter- mine ; provided neuertheless, that no mans person shall bee kept in prison for debt but when there appeares some estate w"^ hee will not produce, to w''*' end any Courte or Commissioners authorized by the Generall Courte, may administer an oath to the party or any others suspected to bee priuye in concealing his estate ; [ ] shall satisfie by service, if the Creditor require [it,] but shall not bee sould to any but of the English Nation. [8*] ATTACHEMENTS. It is ordered, sentenced and decreed, that the ordinary summons or process for the present within this Jurissdiction and vntill other CODEOFLAWS. 511 provision made to the contrary, bee a warrant fairely written, vnder some magistrate or magistrates hand or hands, mentioning the time and place of appearance, and if the said party or partyes doe not appeare according to the said warrant or summons vppon Affidauit first made of the serving of the said person or persons, the Courto shall graunt an Attachement against the person or persons delin- quent to arrest or apprehend the said person or persons for his or theire vvillfull contempt; and in case no sufficient securitye or bayle bee tendred, to imprison the said party or partyes, returneable the next Courte that is capeable to take cogniscance of the said buisnes in question ; and vppon returne of the said Attachement, the said Courte to doe therein as according to the Lawes and orders of this Jurissdiction ; and in that case allso the party delinquent to beare his owne charge. It is also ordered, that Attachements to seize vppon any mans Lands or estate bee onely graunted for, or against, such goods as are Forreigners and doe not dwell or inhabitt within this Jurissdic- tion ; or in any case vppon credible Information it appeare that any Inhabitant that is indebted, or ingaged, goe about to conuey away his estate to defraud his Creditors, or to conuey away his person out of this Jurissdiction, so as the process of this Jurissdiction may not bee serued vppon his person ; in that or any other just causes there may bee Attachement or Attachements graunted vppon the Limmit- ations expressed ; provided that in all cases of Attachements, all or any of the Creditors haue libberty to declare vppon the said Attache- ment, if hee come in at the returne of the said Attachement ; provi- ded allso that if any Attachement laid vppon any mans estate, vppon a pretence of a great sum, and if it bee not prooued to bee due in some neare proportion to the sum challenged, and mentioned in the Attachement, then the security giuen shall bee lyable to such dama- ges as are susteined therby. It is further ordered and decreed by this Courte, that whosoeuer takes out an Attachement against any mans persons, goods, chatties, Lands or Hereditaments, sufficient security and caution shall bee [9*] giuen by him to prosecute his Action in C[ourte] and to an- swer the defendant such Costs as shall [be awarded] him by the Courte ; and in all Attachments of g[oods or] lands, legall notice shall bee giuen vnto the P[arty] or left in writing at his bowse or place of vsuall [abode] if hee Hue within this Jurissdiction, other- wise [his] sute shall not proceed. And it is further ordered and declared, that euery man shall haue libberty to Repleuye his Cattle or goods impounded, distreined, seized or extended, (vnless it bee 512 CODE OF LAWS. vppon execution after Judgment and in payment of Fynes,) prouided in like manner hee put in good security to prosecute his Replevy and to satisfie such damage, demaunds or dues as his Adversary shall recouer against him in Lawe. BALLAST. It is ordered by this Courte and Authority thereof, that no Ballast shall bee taken from any shoare in any Towne within this Jurissdic- tion, by any person whatsoeuer, vi^ithout Allowance vnder the hands of those men that are to order the affaires in each Towne, vppon the Penalty of six pence for euery shovell full so taken, unless such stones as they had laid there before. It is allso ordered by the Au- thority aforesaid, that no shipp nor other vessell shall cast out any Ballast in the Channell or other place inconvenient, in any harbor within this Jurissdiction ; vppon the Penalty often pounds. BARRATRY. It is ordered, decreed and by this Courte declared, that if any man bee prooued and adiudged a Common Barrater, vexing others with vniust, frequent and needless sutes, it shall bee in the power of Courtes both to reiect his Cause, and to punish him for his Barratry. BILLS. It is ordered by the Authority of this Courte, that any Debt or Debts due vppon Bill or other speciality. Assigned to another, shall bee as good a debt and estate to the Assignee as it was to the Assign- er, at the time of its Assignation, and that it shall bee lawfull for the. said Assignee to sue for and recouer the said Debt due vppon Bill and so assigned, as fully as the originall Creditor might haue done ; provided the said Assignement bee made vppon the backside of the Bill or Speciality, not excluding any just or cleare interest any man may haue in any Bills or Specialtyes made ouer to them by Letters of Attornye or otherwise. [10*] BOUNDS OP TOWNES AND PERTICULAR LANDS. Forasmuch as the Bounds of Townes and of the Lands of perticu- ler persons are carefully to bee meinteined, and not without great danger to bee remoued l)y any ; w'"" notwithstanding by deficiency and decay of markes may at vnawares bee done, whereby great jealousies of persons, trouble in Townes and incumbrances in Courtes doe often arise, w"'' by due care and meanes might bee prevented j CODE OF LAWS. 513 It is therfore ordered by this Courte and Authority thereof, that euery Towne shall sett out theire Bounds within twelue months after the publishing hereof, and after theire Bounds are graunted ; and that when theire Bounds are once sett out, once in the yeare three or more persons in the Towne, appointed by the Select men, shall appoint with the adiacent Townes to goe the bounds betwixt theire said Townes and renew theire markes, w"'' markes shall bee a great heape of stones or a trench of six foott long and two foott broad, the most Auncient Towne, {w"^ for the Riuer is determined by the Courte to bee Wethersfeild,)* to giue notice of the time and place of meet- ing for this perambulation, w"*" time shall bee in the first or second month, vppon paine of fine pounds for euery Towne that shall neg- lect the same ; provided, that the three men appointed for perambu- lation shall goe in theire severall quarters, by order of the select men and at the charge of the severall Townes. And it is further ordered, that if any perticular proprietor of Lands lying in Common with others shall refuse to goe by himselfe or his Assigne, the bounds betwixt his land and other mens, once a yeare, in the first or second month, being requested thereunto vppon one weekes warning, hee shall forfeit for euery day so neglecting, ten shillings, halfe to the party mooving thereto, the other halfe to the Towne. And the owners of all impropriated grounds shall bound euery perticular parcell thereof with sufficient Meare stones, and shall preserue and keepe them so vppon the former penalty. BURGLARY AND THEFT. Forasmuch as many persons of late yeares haue beene and are apt to bee iniurious to the goods and liues of others, notwithstanding all care and meanes to prevent and punnish the same ; It is therfore ordered by this Courte and Authority thereof, that if any person shall committ Burglary, by breaking vp any dwelling howse, or shall robb any person in the feild or high wayes, such a person so offending shall for the first offence bee branded on the forehead with the Letter (B) : If hee shall offend in the same kind the second time, hee shall bee branded as before, and allso bee * This early decision, by the General Court, of the question of priority of settlement of the River towns, seems to have been hitherto overlooked by writers on our colonial history. The clause within the parenthesis is, in the original record, interlined. As however the hand wri- ting is that of Capt. Cullick, who ceased to be Secretary in 1658, the interlineation must have been made within a few years after the adoption of the code of 1650. The clause is retained in the first printed revision, of 1672-3, and in that of 1702 ; but is omitted in subsequent revisions. 514 CODE OF LAWS. [11*] severely whipped; and if hee shall fall [into the same offence] the third time, hee shall bee put to death [as being incor- ridg]able. And if any person shall committ [such Burglary or] rob in the feilds or howse on the Lords day, beside the former punnish- ments, hee shall for the first offence haue one of his eares cutt of, and for the second offence in the same kinde, hee shall looss his other eare in the same manner ; and if hee fall into the same offence the third time, hee shall bee put to death. 2. Secondly, for the preuention of Pillfring and Theft, It is order- ed by this Courte and Authority thereof, that if any person, whether Children, Servants or others, shall bee taken or knowne to Robb any orchyards or garden, that shall hurte or steale away any grafts or fruite trees, fruites, linnen, woollen, or any other gooods left out in orchyards, gardens, backsides, or other place in Howse or Feilds, or shall steale any wood or other goods from the Waterside, from mens dores or yards, hee shall forfeitt treble damage to the owners there- of, and such seveere punishment as the Courte shall thinke meete. And forasmuch as many times it so falls out that small thefts and other offences of a criminall nature are comitted, both by English and Indians, in Townes remoate from any prison or other fitt place to w^*" such malefactors may bee committed till the next Courte ; It is therfore hereby ordered, that any Magistrate, vppon complaint made to him, may heare and vppon due proofe determine any such small offences of the aforesaid nature, according to the Lawes heere established, and giue warrant to the Constable of that Towne where the offender lines to leuye the same, provided the damage or fyne exceed not forty shillings ; provided allso it shall bee lawfull for either party to appeale to the next Courte to bee houlden in that Ju- rissdiction, giuing sufficient caution to prosecute the same to effect at the said Courte. And euery Magistrate shall make returne yearely to the Courte of the Jurissdiction wherin hee liueth, of what Cases he hath so ended. And allso the Constable, of all such fynes as they haue receiued ; And where the offender hath nothing to sat- isfie, such Magistrate may punnish by Stocks or whipping, as the Cause shall deserue. It is allso ordered that all servants or worke- men imbeazling the goods of theire Masters, or such as sett them on worke, shall make restitution, and bee lyable to all Lawes and Pbii- altyes as other men. CODE OF LAWS. 515 CAPITALL LAWES. [Of the Capital Laws, fourteen in number, the first twelve agree, word for word, with those adopted in Dec. 1642, and recorded on page [92] of Vol. I, (p. 77, ante.) It has not been thought necessary to repeat them here. The others follow : — ] [13*] 13. If any Childe or Children aboue sixteene yeares old and of sufficient vnderstanding, shall Curse or smite theire naturall father or mother, hee or they shall bee put to death, vnless it can bee sufficiently testified that the Parents haue beene very vnchristianly negligent in the education of such Children, or so prouoake them by extreame and cruell correction that they haue beene forced there- vnto to preserue themselues from death [or] maiming. Exo: xxi: 17 ; Levit: xx. [9] ; Exo: xxi. 15. 14. If a man haue a stubborne and rebellious sonne of sufficient yeares and vnderstanding, viz: sixteene yeares of age, w°'' will not obey the voice of his father or the voice of his mother, and that when they haue chastened him, will not hearken vnto them, then may his Father and Mother, being his naturall parents, lay hold on him and bring him to the Magistrates assembled in Courte, and testifie vnto them that theire Sonne is stubborne and rebellious and will not obey theire voice and chastisement, but liues in sundry notorious crimes, such a Sonne shall bee put to death. Deut: xxi. 20, 21. It is allso ordered by this Courte and Authority thereof, that what- soeuer Childe or Servant, within these Libberties, shall bee convict- ed of any Stubborne or Rebellious Carriage against their Parents [14*] or Governours, || w"*" is a forerunner of the aforementioned euills, the Gouernor or any two Magistrates haue libberty and power from this Courte to committ such person or persons to the howse of Correction, and there to remaine vnder hard labour and severe pun- nishm' so long as the Courte or the maior parte of the Magistrates shall judge meete. And whereas frequent experience giues in sad euidence, &c. [This provision is precisely as enacted in Dec. 1642, and follows immediately after the twelve capital laws recorded on page 78.] CASCK AND COOPER. It is ordered by this Courte and Authority thereof, that all Casck vsed for Tarr or other Comodityes to bee put to sale, shall bee Assized as follow"", viz: euery Casck commonly called Barrills or halfe hogs- heads shall containe twenty eight gallons wine measure, and other vessells proportionable ; and that fitt persons shall bee appointed liorn time to time, in all places needfull, to gage all such vessells or VhT 516 CODE OF LAWS. Cascks and such as shall bee found of due Assize shall bee marked with the gagers marke and no other, who shall haue for his paines four pence for euery Tunn, and so proportionably. And It is allso ordered, that euery Cooper shall haue a distinct Brandmarke on his owne Casck, vppon paine of forfeiture of twenty shillings in either case, and so proportionably for lesser vessells. [15*] CATTLE, CORNEFEILDS, FENCES. Forasmuch as complaints haue beene made [of] very euill prac- tice of some disordered persons in the Country, who vse to take other mens Horses, sometimes vppon the Commons, sometimes out of theire owne grounds, common feilds and Inclosures, and ride them at theire pleasure, without a leaue or priuity of theire owners : — It is therfore ordered and enacted by the Authority of this Courte, that whosoeuer shall take any other mans Horse, Mare or drawing Beast, out of his Inclosure, vppon any Common, out of any common feild or elsewhere, except such bee taken damage faisant, and dis- posed of according to law, without leaue of the owners, and shall ride or vse the same, hee shall pay to the partyes wronged treble damages, or if the Complainant shall desire it,, then to pay onely ten .shillings, and such as haue not to make satisfaction shall bee punnished by whipping, imprisonment or otherwise, as by law shall bee adiudged, and any one Magistrate may heare and determine the same. It is allso further ordered, that where Lands lye Common, vnfenced, if one shall improue his Lands by fencing in seuerall, and another shall not, hee whoe shall so improue shall secure his land against other mens Cattle, and shall not compell such as joine vppon him to make any fence with him, except hee shall allso improue in severall, as the other doth ; and where one man shall improue before his neighbour, and so make the whole fence, if after his said neighbor shall improue allso, hee shall then satisfie for halfe the others fence against him, according to the present value, and shall meinteine the same. And if either of them shall after lay open his said feilds, (w"'' none shall doe without three months warning,) hee shall haue libberty to buy the devidend fence, payinge according to the present valuation to bee sett by two men, chosen by either party one. The like order shall bee [attended] where any man shall improue Land against any Towne Common, provided this order shall not extend to howse lotts not exceeding ten acres : But if in such, one shall im- proue, his neighbour shall [bee] compellable to make and meinteine one halfe of the fence betweene them, whether hee improue [or not.] CODE OF LAWS. 51^ [16*] Provided allso, that no man shall bee lyable to satisfie for dammage done in any ground not sufficiently fenced, except it shall bee for dammage done by Swyne vnder a yeare old, or vnruly Cat- tle w"'' will not bee restreined by ordinary fences, or where any man shall put his Cattle, or otherwise voluntarily tresspass vppon his neighbors ground. And if the partye damnified finde the Cattle dammage faisant, hee may impound or otherwise dispose of them. 6th Octo: (52.) The Courte declares 8f explaines this order doth not reach the Lands on ye east side of the Great Riuer. CATTLE TO BEE MARKED. For the preventing of differences that may arise in the owning of Cattle that bee lost or stray away, It is ordered by this Courte, that the owners of any Cattle within this Jurissdiction shall eare marke or brand all theire Cattle and Swyne that are above halfe a yeare old (except Horses,) and that they cause theire severall markes to bee registred in the Towne Booke, and whatsoeuer Cattle shall bee found vnmarked after the first of July next, shall forfeitt flue shillings a head, whereof two shillings sixpence to him that discouers it, and the other to the Country.* COaiMON FIELDS. Whereas the condition of these seuerall plantations in these be- ginnings wherein wee are, is such that necessity constraines to im- proue much of the ground belonging to the seuerall Townes in a Common way, and it is obserued that the publique and general! good, (w"'' ought to "bee attended in all such improuements as are most propper to them, and may best advance the same,) receiues much prejudice through want of a prudent ordering and disposing of those seuerall Common Lands so as may best effect the same ;— It is ordered by this Courte and Authority thereof, that each Towne shall chuse from among themselues fiue able and discreet men, who by this order haue power giuen them, and are required, to take the Common Lands belonging to each of the severall Townes respectiuely into serious and sadd consideration, and after a through disgesting of theire owne thoughts, sett downe vnder theire hands in what way the said Lands may, in theire judgements, bee best im- proved for the common good. And whatsoeuer is so decreed and determined by the said fiue men in each Towne, or any three of *,Enacted Feb. 5, 1644-5. p. 118. 45 518 CODE OF LAWS. them, concerning the way of improuem' of any such Lands, shall bee attended by all such persons that have any propriety or inter- est in any such Lands so judged [by the said Committee.] [17*] And whereas allso, much dammage hath risen not onely from the vnrulines of some kinde of Cattle [but allso] from the weaknes and insufficiency of many fences, whence much variance and dif- ference hath followed, w"*" if not prevented for the future may bee very preiuditiall to the publique peace ; — It is likewise therfore ordered, that the said fine men so chosen or at least three of them shall set downe what fences shall bee made in any Common grounds, and after they are made to cause the same to bee veiwed, and to sett such fynes as they judge meete vppon any as shall neglect or not duely attend theire order therein ; and where fences are made and judged suffitientby them, whatsoeuer dammage is done by hoggs or any other Cattle, shall bee paid by the owners of the said Cattle. And the severall Townes shall haue libberty once euery yeare to allter any three of the former fine, and to make choyce of others in theire roome. It being provided that any per- ticular man or men, shall haue libberty to inclose any of theire per- ticular grounds, and improue them according to theire owne discre- tion by mutuall agreement, notwithstanding this order.* This ser- vice is committed to the Townsmen, as appeares by an order of Courte, 5"" of Feb"", 1650, on the other side of thisbooke.f CAVEATS ENTKED. Whereas it appeares that diuers to defeate and defraude theire Creditors may secreetly and vnderhand make iBargaines and Con- tracts of theire Lands, Letts and Accomodations, by meanes where- of, when the Creditor thinkes hee hath a meanes in due order of Law to declare against the said Lands, Lotts and Accomodations, and so recouer satisfaction for his debt, hee is wholy deluded and frustrated, w^'^is contrary to a righteous rule that euery man should pay his debt with his estate, bee it in what it will bee, either reall or personall, this Courte taking it into consideracon doe order, sen- tence and decree. That if any Creditor for the future doe suspect any debtor, that hee may prooue non soluant in his personall estate, hee may repaire to the Register or Recorder of the plantation where the Lands, Lotts or Accomodacons lyes, and enter a Caveatt against * Enacted Feb. 14th, 1643-4. (p. 101.) with an amendment authorizing the appointment of Jive men, in place of seven, Feb. 5th, 1644-5. (p. 118.) t Pafe 214. CODE OF LAWS. 519 the Lands, Lotts and Accomodacons of the said debtor, and shall giue to the said Register or Recorder foure pence for the entry there- of: And the said Creditor or Creditors shall take out summons against the said debtor, and in due forme of Law, the next perticular Courte, either for the whole Colony or for the perticular plantation where the said Lands, Lotts or Accomodations lyes, or the next Courte en- sueing, declare against the said debtors Lands, Lotts and Accomo- [18*] dations.|| And so if the Creditor recouer, hee may enter a judgement vppon the said Lotts, Lands and Accomodations, and take out an extent against the said Land, directed to a knowne officer, whoe may take two honest and sufficient men of the neigh- bours, to aprize the said Lands, Lotts and Accomodations, either to bee sould outright if the debt so require, or sett a reasonable rent vppon the same vntill the debt bee paid, and deliuer the possession thereof either to the Creditor or Creditors, his or theire Assigne or Assignes, or any other ; and what sale or sales, lease or leases, the said officer makes, being orderly recorded, according to former order of recording of Lands, shall bee as legall and binding to all intents and purposes as though the debtor himselfe had done the same ; provided that if the said debtor can then presently procure a Chapman or Tennant that can giue to the Creditor or Creditors satis- faction to his or theire content, hee shall haue the first refusing thereof. Allso it is declared, that hee w"*" first enters Caveatts as abouesaid, and his debt being due at his entring the said Caveatt, shall bee first paid ; and so euery Creditor as hee enters his Caveatt and his debt becomes due, shall bee orderly satisfied, vnless it ap- peare at the next Courte, the debtors Lands, Lotts and Accomoda- cons proue insufficient to pay all his Creditors, then euery man to haue a sutable proportion to his debt out of the same, and yet not- withstanding euery man to receiue his parte according to the entry of his Caveatt. Yet this is not to seclude any Creditor to recouer other satisfaction, either vppon the person or estate of the debtor ac- cording to Lawe and Custome of the Colony. As allso it is further decreed, that what sale or bargaine so euer the debtor shall make concerning the said Lotts, Lands and Accomodations, after the entring of the said Caveatt, shall bee voide, as to defraude the said Creditors. It is allso further explained and declared, that if the said debtor bee knowne to bee a non solvant man before the first Caveatt entred against the said Lotts, Lands and Accomodations, and the same ap- peare at the next perticular Courte, then the Courte shall liaue power 520 CODE OF LAWS, to call in all the Creditors in a shorts time, and sett an equall and indifferent way, how the creditors shall bee paid out of the said Lotts, Lands and Accomodations ; otherwise, if the said Debtor prooue insolvant after y^ first Caveatt entred, then this order to bee dulye obserued, according to the premisses and true intent and mean- ing thereof. It is allso further declared and explained, that the said Recorder or Register of the said Caveatt, shall, the next perticular Courte as aforesaid, returns the said Caveatts that are with him ; at w"'' time and Courte the sntsrers of the said Caveatts shall bee called forth to prosecute the same the next perticular Courte following, and if the enterers of the said Caveatts faile to prosecute according to this order, the Register or Recorder of the said Caveatt or Caveatts shall putt a Vacatte vppon [the said Caveatt or Caveatts] w'''' shall bee in- valid or voide to [charge] the saide Lotts, Lands and Accomodations aforesaid.* [19*] DISSORDEE IN COURTE. It is ordered by this Courte that whosoeuer doth disorderly speake priuately during the sitting of the Courte, with his neighbo'', or two or three together, shall presently pay twelue pence, if the Courte so thinks meete.f SECREETS IN COURTE. It is ordered and decreed, that whatsoeuer member of the Gen- erall Courte shall reueale any secreett w"'' the Courte inioynes to bee kept secreet, or shall make knowne to any person what any one member of the Courte speakes concerneing any person or businesses that may come into agitation in the Courte, shall forfeitt for euery such fault ten pounds, and bee otherwise dealt withall at the dis- cretion of the Courte. And the Secretary is to read this order at the beginning of euery Generall Courts.:]: CHILDREN. Forasmuch as the good Education of Children is of singular be- hoofs and benefitt to any Common wealth, and whereas many pa- rents and masters are too indulgent and negligent of theire duty in that kinde ; — It is therfore ordered by this Courte and Authority thereof, that the Select men of euery Towne, in the seuerall precincts and quar- •Enacted, May 25tb, 1647. p. 151. t Mar. 9lh, 1637-8. p. 13. i Oct. 1639. p. 39. CODEOFLAWS. 52 1 tors where they dwell, shall haue a vigilant eye ouer theire breth-' ren and neighbours, to see first, that none of them shall suffer so much Barbarisme in any of theire familyes as not to indeauor to teach by themselucs or others theire Children and Apprentices so much Learning as may inable them perfectly to read the Inglish tounge, and knowledge of the Capitall Lawes, vppon penalty of twenty shillings for each neglect therein ; Allso, that all Masters of familyes doe once a weeke at least, catechise theire children and servants in the grounds and principles of religion ; and if any bee vnable to doe so much, that then at the least they pro- cure such Children or Apprentices to learne some shorte orthodox Catechisme, without booke, that they may bee able to answer to the questions that shall bee propounded to them out of such Catechismes by theire parents or Masters or any of the Select men, when they shall call them to a tryall of what they haue learned in this kinde. And further, that all Parents and Masters doe breed and bring vp theire Children and Apprentices in some honest lawfull [calling,] [20*] labour or imployment, either in husbandry, or some other trade proffitable for themselues and the Common wealth, if they will not nor cannott traine them vp in Learning to fitt them for higher imployments. And if any of the Select men, after Admonition by them giuen to such Masters of familyes, shall finde them still negli- gent of theire duty in the perticulars aforementioned, wherby Chil- dren and Seruants become rude, stubborne and vnruly, the said Select men with the helpe of two Magistrates shall take such Chil- dren or Apprentices from them, and place them with some masters for yeares, boyes till they come to twenty one and girles to eight- eene yeares of age compleat, w'''' will more strictly looke vnto, and force them tosubmitt vnto gouernem', according to the rules of this order, if by faire meanes and former instructions they will not bee drawne vnto it, CONSTABLES. It is further ordered by the Authority aforesaid, that any person tendred to any Constable of this Jurissdiction by any Constable or other officer belonging to any Forreigne Jurissdiction in this Coun- try, or by warrant from any such Authority, such shall presently bee receiued and conueyed forthwith from Constable to Constable, till they shall bee brought vnto the place to w"'' they are sent, or be- fore some magistrate of this Jurissdiction, whoe shall dispose of them as the Justice of the Cause shall require ; and that all Hue 45* 522 CODE OF LAWS. and Cryes shall bee duely receiued and dilligently persued to full effect. It is ordered by the Authority of this Courte, that euery Consta- ble within our Jurissdiction shall henceforth haue full power to make, sio-ne and put forth persuits or Hue and Cryes, after Murthers, Malefactors, Peacebreakers, Theeues, Robbers, Burglarers and other Capitall offendors, where no magistrate is neare hand. Allso, to apprehend without warrant such as are ouertaken with drinke, swearing, Saboath breaking, slighting of the ordinances, lying, vagrant persons, night wallkers, or any other that shall offend in a'ny of these, provided they bee taken in the manner, either by sighte of the Constable or by present information from others : As allso to make search for all such persons either on the Saboath day or other, when theire shall bee occasion, in all howses lycenced to sell either Beare or Wyne, or in any other suspected or disordered places, and those to apprehend and keepe in safe custody till opportunity serues [21*] to bring them before one of the next Magistrates || for further examination ; Provided, that when a[ny Constajble is imployed by any of the Magistrates for [appre]hending of any person, hee shall not doe it [without] warrant in writing ; And if any person shall refuse to assist any Constable in the execution of his office in any of the things aforementioned, being by him required thereto, they shall pay for neglect thereof ten shillings to the use of the Country, to bee leuyed by warrant from any Magistrate before whome any such offender shall bee brought ; and if it appeare by good testi- mony that any shall willfully, obstinately or contemptuously refuse or neglecte to assiste any Constable, as is before expressed, hee shall pay to the vse of the Country forty shillings ; and if any Magistrate or Constable, or any other vppon vrgent occasions shall refuse to doe theire best indeauor in raising and prosecuting Hue and Cryes, by foott, and if need bee, by horse, after such as haue committed Capi- tall crimes, they shall forfeit to the vse aforesaid for euery such offence, forty shillings. And it is allso ordered, that the Constables in each Towne shall bee chosen from yeare to yeare before the first of March, and sworne to that office the next Courte following, or by some Magistrate or Magistrates. CONVEYANCES FRAUDULENT. It is ordered by this Courte and Authority thereof, that all Cove- nons or fraudulent Alienations or Conveyances of Lands, tenements CODE OF LAWS, 523 or any hereditaments, shall bee of no validity to defeat any man from due debts or legacyes, or from any just Title, clay me or pos- session of that w'''' is so fraudulently conveyed, and that no convey- ance, deed or promise whatsoeuer shall bee of validity, if it bee gotten by illegall violence, imprisonment, threatening or any kinde of forcible compulsion caled Dures. CRUELTY- It is ordered by this Courte and Authority thereof, that no man shall exercise any tiranny or cruelty towards any brute creatures w'** are vsually kept for the vse of man. [22*] DAMMAGES PRETENDED. It is ordered by this Courte, that no man in any Sute or Action against another shall falsely pretend great dammages or debts, to vexe his Adversary ; and if it shall appeare any doth so, the Courte shall haue power to sett a reasonable fyne on his head. DEATH VNTIMELY. It is ordered by this Courte and Authority thereof, that whenso- euer any person shall come to any very sudden, vntimely or vnnat- urall death, some Magistrate or the Constable of that Towne shall forthwith summon a Jury of Jury of sixe or twelue discreet men to inquire of the cause and manner of theire death, whoe shall pre- sent a true verdict thereof vnto some neare Magistrate vppon theire oath. DELINa CENTS. It is ordered, that all persons hereafter comitted vppon Delinquen- cy, shall beare the charges the Country shall bee at in the prosecu- tion of them ; And shall pay to the Ma' of the prison or Howse of Correction, two shillings six pence before hee bee freed therefrom. Vide Execution vppon Delinquents. ECLESEASTICALL. Forasmuch as the open contempt of Gods word, and messengers thereof, is the desolating sinne of Ciuill States and Churches, and that the preaching of the Word by those whome God doth send is the chiefe ordinary meanes ordained by God for the converting, edefying and sauing the soules of the elect, through the presence and power of the Holy Ghost therevnto promised ; and that the min- istry of the Word is sett vp by God in his Churches for those holy 524 CODE OF LAWS. ends, and according to the respect or contempt of the same and of those whome God hath set aparte for his owne worke and imploy- ment, the weale or woe of all Christian States it much furthered and promoated ; — [23*] It is therfore ordered and decreed, that if any Christian (so called,) within this Jurissdiction shall contemptuously [behave] him- himselfe towards the word preached or the messengei's th[ereof,] called to dispence the same in any Congregation, when hee faith- fully execute his seruice and office therein according to the will and word of God, either by interrupting him in his preaching, or by charging him falsely with an error w''*' hee hath not taught in the open face of the Church, or like a sonne of Korah, cast vppon his true doctrine or himselfe any reproach, to the dishonor of the Lord Jesus whoe hath sent him, and to the disparagement of that his holy ordinance, and making God's wayes contemptible or ridiculous, that euery such person or persons, (whatsoeuer censure the Church may passe,) shall for the first scandall, bee convented and reproved openly by the Magistrate, at some Lecture, and bound to theire good behauiour : And if a second time they breake forth into the like contemptuous carriages, they shall either pay fiue pounds to the pub- lique Treasure, or stand two houres openly vppon a block or stoole foure foott high, vppon a Lecture day, with a paper fixed on his breast written with Capital Letters, an open and obstinate con- TEMNEU of Gods holy ordinances, that others may feare and bee ashamed of breaking out into the like wickedness. It is ordered and decreed by this Court and Authority thereof, that wheresoeuer the ministery of the word is established according to the order of the Gospell throughout this Jurissdiction, euery person shall duely resorte and attend therevnto respectiuely vppon the Lords day, and vppon such publique fast dayes and dayes of Thanksgiuing as are to bee generally kept by the appointment of Authority. And if any person within this Jurissdiction shall without just and necessary cause withdraw himselfe from hearing the publique ministry of the word, after due meanes of conviction vsed, he shall forfeit for his absence from euery such publique meeting, fiue shillings : All such offences to bee heard and determined by any one Magistrate or more, from time to time. Forasmuch as the peace and prosperity of Churches and members thereof, as well as Ciuill rights and Libberties are carefully to bee maintained, — It is ordered by thisCourte and decreed, that the Civill Authority heere established hath power and libberty to see the peace, CODE OF LAWS. 525 ordinances and rules of Christe bee obserued in euery Church ac- cording to his word ; as allso to deale with any Church member in a [24*] way of Ciuill [justice] || notwithstanding any Church relation, office or interest, so it bee done in a Ciuill and not in an Eclesiasti- call way : nor shall any Church censure degrade or depose any man from any Ciuill dignitye, office or authority hee shall haue in the Commonwealth. ESCHEATS. It is ordered by this Courte and Authority thereof, that where no heire or owner of bowses, lands, tennements, goods or chattells can bee found, they shall bee seized to the publique Treasury till such heires or owners shall make due clayme therevnto, vnto whome they shall bee restored vppon just and reasonable termes. EXECUTIONS. Whereas by reason of the great scarcity of mony, Execution being taken of seuerall persons goods that haue beene sould at very cheape rates, to the extreame dammage of the Debtor ; It is therfore ordered, that whatsoever Execution shall bee graunted vppon any debts made after the publishing of this order, the Cred- itor shall make choyce of one partye, the Debtor of a second, and the Courte of a thirde, whoe shall prise the goods so taken vppon Execu- tion aforesaid, and deliuer them to the Creditor, EXECUTION UPPON DELINaUENTS. It is ordered, that the Gouerno'' or any other Magistrate in this Jurissdiction shall haue libberty and power to call forth any person that hath beene publiquely corrected for any misbehauio', to doe ex- ecution vppon any person or persons by whipping or otherwise, and that at any time hereafter as occasion doth require ; and in case of defect or want of such, any other person as hee or they shall thinke meete. FENCES. For the preventing of differences that may arise in making or set- ting downe of Fences as well in meadowes as vpland, — It is ordered, that in the setting of posts and rayles or hedges in the meadow and homelotts, there shall bee a libberty for either partye of twelue inches from the dividend lyne, for breaking of the ground to sett the posts on, [or] for the laying on the hedge ; but the stakes and postes are to bee sett in the devident lyne ; and in vpland there is allowed a libberty of foure foott for a ditch from the devidend 526 CODE OF LAWS. [25*] lyne for either of the bordering partyes where the propor- lion of Fences belongs vnto them.* F Y N E S . It is ordered by this Courte, that the Estreits [for] the levying of Fynes shall goe forth once euery yeare, both in the Townes on the Riuer and by [the] seaside, and that some officer in each place shall bee appointed to levye and receiue the same, [and] the Acco^' to bee giuen in by the severall plantations of theire generall charge, at the Courte in September, for the perfecting of the Acco'^ betwixt them : Mr. Ludlow is desiered to graunt out Warrants for the Fynes by the seaside. t F Y R E . It is ordered by this Courte and the Authority thereof, that who- soeuer shall kindle any fire, in woods [or] grounds lying in common or inclosed, so as the same shall runn into such Corne grounds or Inclosures, before the tenth of the first month, or after the last of the second month, or on the last day of the weeke, or on the Lords day, shall pay all damages, and halfe so much for a fyne ; or if not able to pay, then to bee corporally punnished, by a warrant from one Magistrate or more, as the offence shall deserue, not exceeding twenty stripes for one offence ; provided, that any man may kindle fyre vppon his owne ground at any time, so as no dammage come thereby, either to the Country or to any perticular person. And whosoeuer shall wittingly and willingly burne or destroy any frame, timber hewne, sawne, or riuen, heapes of wood, charcoale, corne, hay, strawe, hempe, fiaxe, pitch or tarr, hee shall pay double dammages. FORGERIE. It is ordered by this Courte and Authority thereof, that if any person shall forge any Debt:]: or Conveyance, Testament, Bond, Bill, release, acquittance. Letter of Attorneye, or any writing to prevent equitye and justice, hee shall stand in the Pillorye three severall Lecture dayes, and render double damages to the partye wronged, and allso bee disabled to giue any evidence or verdict to any Courte or Magistrate. •June 3d, 1644. (p. 105.) The accidental substitution of on, for or, was made in trans- cribing tliis order for tlie code of 1650, and is followed in the printed revision of 1673. TMay 25tb, 1647. p. 151, JDeedl CODE OF LAWS. 527 [26*] FORNICATION. It is ordered by this Courte and Authority thereof, that if any man shall committ fornication with any single woman, they shall bee punished either by inioyning to marriage, or fyne, or corporall pun- nishment, or all or any of these, as the Courte or Magistrates shall appoint, most agreeable to the word of God. GAMING. Vppon complaint of great disorder by the vse of the Game called Shuffle Board, in bowses of Common Interteinement, whereby much precious time is spent vnfruitfully and much waste of Wyne and Beare occasioned, — It is therefore ordered and enacted by the Authority of this Courte, that no person shall henceforth vse the said Game of Shuffle Board, in any such howse, nor in any other bowse vsed as Common for such purpose, vppon payne for euery keeper of such howse to forfeitt for euery such offence twenty shillings ; and for euery person playing at the said Game in any such howse to forfeitt for euery such offence fine shillings. The like penalty shall bee for playing in any place at any vnlawfuU game. GUARDS AT MEETING. It is ordered by this Courte, that there shall bee a Guard of twenty men, euery Saboath and Lecture day, compleat in theire Armes, in each severall Towne vppon the Riuer ; and at Seabrooke and Farm- ington, eight a peece ; each Towne vppon the seaside in this Juriss- diction, ten ; and as the number of men increase in the Townes, theire Guards are to increase.* And it is further ordered, that each man in the Guards aforesaid shall bee allowed halfe a pound of powder yearly, by their seuerall Townes. f HIGHE VTAYES. Whereas the mainteineing of high wayes in a fitt posture for passage according to the severall occassions thatoccurre, is not onely necessary for the comfort and safety of man and beast, but tends to the proffitt and advantage of any people, in the issue, — It is thought fitt and ordered, that each Towne within this Juriss- diction shall euery yeare chuse one or two of theire inhabitants as •Way 20th, 1647. p. 150. t Oct. 9th, 1650. (p. 212.) This order was made subsequently to the adoption of thecode» and inserted under its proper title by the Secretary. 528 CODE OF LAWS. Surveyors, to take care of, and ouersee the mending and repairing of the High wayes within theire severall Townes respectiuely, whoe haue hereby power allowed them to call out the severall cartes or [27*] persons fitt for labour in each Towne, || two dayes at least in each yeare, and so many [more] as in his or theire judgements shall bee found necessary for the attaining of the aforementioned end, to bee directed in theire worke by the said surveyor or surveyors, and it is left to his or theire libberties either to require the labour of the severall persons in any familye, or of a teame and one person, where such are, as hee finds most advantageous to the publique occasions, hee or they giuing at least three dayes notice or warning before hand of such imployment ; and if any refuse or neglect to attend the ser- vice in any manner aforesaid, hee shall forfeit for euery dayes neg- lect of a mans worke, two shillings sixpence, and of a Teame, sixe shillings, which said fynes shall bee imployed by the Surveyors to hire others to worke in the said wayes ; And the Surveyors shall within foure dayes after the severall dayes appointed for worke, de- liuer in to some Magistrate a true presentment of all such as haue beene defectiue, with their severall neglects, who are immediately to graunt a distresse to the Marshall or Constable, for the levying of the incurred forfeiture, by them to bee deliuered to the Surveyors for the vse aforesaid. And if the Surveyor neglect to performe the ser- vice hereby comitted to him, either in not calling out all the inhabit- ants in theire severall proportions as before, or shall not returne the names of those that are deficient, hee shall incurr the same penalty e as those whome hee so passes by are lyable to by vertue of this order, w"** shall bee imployed to the vse aforesaid, and to bee levyed allso by distress vppon information and proofe before anyone Magistrate.* I D L E N E S . It is ordered by this Courte and Authority thereof, that no person, howseholder or other, shall spend his time idlely or vnproffitably, vnder paine of such punnishment as the Courte shall thinke meet to inflict : and for this end, It is ordered, that the Constable of euery place shall vse speciall care and dilligence to take knowledge of offendors in this kinds, especially of common Coasters, vnproffitable fowlers, and Tobacko takers, and present the same vnto any Magis- trate, who shall haue power to heare and determine the case or trans- ferr it to the [next] Courte. * An order for the appointment of Surveyors of highways in the several towns, and impow- eringthem to call out persons and teams, was passed July 5th, 1643. (p. 91 ) CODE OP LAWS. 529 [28*] INDIANS. It is ordered and decreed, that where any company of Indians doe sitt dovvne neare any English plantations, that they shall declare whoe is theire Sachem or Chiefe, and that the said Cheife or Sachem shall pay to the saide English such tresspasses as shall be comitted by any Indian in the said plantation adioyning, either by spoyling or killing any Cattle or Swyne, either with trapps, doggs or arrowes : And they are not to pleade that it was done by strangers, vnless they can produce the partye and deliuer him or his goods into the custody of the English : And they shall pay the double dammage if it were done voluntarily.* The like ingagement this Courte allso makes to them in case of wrong or iniurye done to them by the English, w"*" shall bee paid by the partye by whome it was done, if hee can bee made to appeare, or otherwise by the Towne in whose limmitts such facts are committed. Forasmuch as o'' lenity and gentlenes towards Indians hath made them growe bold and insolent, to enter into Englishmens bowses, and vnadvisedly handle swords and peeces and other instruments, many times to the hazzard of limbs or Hues of English or Indians, and allso oft steale diuerse goods out of such bowses where they resorte ; for the preventing whereof. It is ordered, that whatsoeuer Indian shall hereafter meddle with or handle any English mans weapons, of any sorte, either in theire bowses or in the feilds, they shall forfeitt for euery such defaulte halfe a fathom of wampum ; and if any hurte or injurye shall therevppon follow to any persons life or limbe, (though accidentall,) they shall pay life for life, limbe for limbe, wound for wound, and shall pay for the healing such wounds and other dammages. And for anythinge they steale, they shall pay double, and suffer such further punnishment as the Magis- trates shall adiudge them. The Constable of any Towne may at- tache and arrest any Indian that shall transgress in any such kinde beforementioned ; and bring them before some Magistrate, whoe may execute the penalty of this order vppon offendors in any kinde ex- 'Oept life or limbe ; and any person that doth see such defaults may [29*] prosecute, and || shall haue halfe the forfeiture. f it is ordered by this Courte and Authority thereof, that no "mail within this Jurissdiction shall, directly or indirectly, amend, rejpaire, or cause to bee amended or repaired, any gunn, small or great, belonging to any Indian, nor shall indeauo' the same ; nor • Thus far, ordered, Apr. 5th, 1638. p, 19. t June 11th, 1640. p. 52. 46 530 CODE OF LAWS. shall sell nor giue to any Indian, directly or indirectly, any such gunn, nor any gunpowder, or shott, or lead, or shott mould, or any millitary weapon or weapons, armor, or arrowe heads ; nor sell nor barter nor giue any dogg or doggs, small or great ; vppon paine of ten pounds fyne for euery ofrence, at least, in any one of the afore- mentioned perticulars ; and the Courte shall haue power to increase the fyne, or to impose corporall punnishment where a fyne cannott bee had, at theire discretion.* And it is allso ordered, that no person nor persons shall trade with them at or about theire wigwams, but in theire vessells or pinnaces, or at theire owne bowses, vnder penalty of twenty shillings for each default. f Whereas, It doth appeare that notwithstanding the former Lawes made against selling gunns and powder to Indians, they are yet sup- plyed by indirect meanes. It is therfore ordered and declared, that if any person after publishing of this order shall sell, barter or trans- porte any gunns, powder, bullitts or lead to any person inhabiting out of this Jurissdiction, without license of this Courte, or from some two Magistrates, hee shall forfeit for euery gunn ten pounds, for euery pound of gunpowder fine pounds, for euery pound of bullitts or lead forty shillings, and so proportionably for any greater or lesser quantity^; provided notwithstanding, that [it] is left to the judgment of the Courte, that where any offence is committed against the said order, either to agravate or lessen the penalty, according as the na- ture of the offence shall require. Whereas diuerse persons departe from amongst vs, and take vp theire aboade with the Indians, in a prophane course of life ; for the preventing whereof, It is ordered that whatsoeuer person or persons that now inhabiteth, or shall inhabitt within this Jurissdiction, and shall departe from vs and settle or joine with the Indians, that they shall suffer three yeares imprisonment at least, in the Howse of Correction, and vnder- goe such further censure, by fyne or corporall punishment, as the perticular Courte shall judge meete to inflict in such cases. § [30*] Whereas the French, Dutch and other Forraigne Nations * Dec. 18th, 1642, — except the clause "nor sell &c. any dogg or doggs, small or great," which was added subsequently, pp. 79, 80. t Oct. 12th, 1043. p.95. JDec. 18th, 1642. p. 80. The proviso was added subsequently. $ Dec. 1642. p. 78. CODEOFLAVVS. 531 doe ordinarily trade gunns, powder, shott etc. with the Indians, to o"" great preiudice, and the strengthening and animating of the Indians against vs, as by dayly experience wee finde ; and whereas the aforesaid French, Dutch etc. doe prohibitt all trade with the Indians within theire respectiue Jurissdictions vnder penalty of confiscation ; It is therfore hereby ordered by this Courte and Authority thereof, that after due publication hereof, it shall not bee lawfull for any Frenchmen, Dutchmen, or person of any other forraigne nation, or any English liuing amongst them or vnder the gouernmen' of them, or any of them, to trade with any Indian or Indians within the lim- mitts of this Jurissdiction, either directly or indirectly, bythemselues or others, vnder penalty of confisscation of all such goods and ves- sells as shall bee found so trading, or the due value therof, vppon just proofe made of any goods or any vessells so trading or traded : And it shall bee lawfull for any person or persons inhabiting within this Jurissdiction, to make seizure of any such goods or vessells tra- ding with the Indians as by this law is prohibited, the one halfe whereof shall bee to the propper vse and benefitt of the partye seiz- ing, and the other to the publique.* This Courte, judging it necessary that some meanes should bee vsed toconuey the lighte and knowledge of God and of his Wordeto the Indians and Natiues amongst vs, doe order that one of the teach- ing Elders of the Churches in this Jurissdiction, with the helpe of Thomas Stanton, shall bee desired, twise at least in every yeare, to goe amongst the neighbouring Indians and indeauo" to make knowne to them the Councells of the Lord, and thereby to draw and stirr them vp to direct and order all theire wayes and conversations ac- cording to the rule of his Worde : And Mr. Gouerno' and Mr. Dep- uty, and the other Magistrates are desired to take care to see the thinge attended, and with theire owne presence so farr as may bee convenient, incourage the same. This Courte hauing duly weighed the joint determination and ar- gument of the Commissioners of the United English Colonyes at New Hauen, in Anno 1646, in reference to the Indians, and judging it to bee both according to rules of prudence and righteousness, doe fully assent therevnto, and order, that it bee recorded amongst the [31*] Acts of this Courte, || and attended in future practice as occas- sions may present and require : The said conclusion is as fol- loweth ; — * Passed, Sept. 18th, 1649, upon the recommendation of the Comm'rs of the U. Colonies. . 197. 532 CODE OF LAWS. The Comissioners sei'iously considering the many willfull wrongs and hostile practices of the Indians against the English, together with theire interteineing, protecting and rescuing of offendors, as late our experience sheweth, (w"*" if suffered, the peace of the Colonyes cannot bee secured,)^ It is therfore concluded, that in such cases the Magis- .ratesofany of the Jurissdictions may, at the charge of the Plaintiff, ;end some convenient strength of English, and according to the na- ure and value of the offence and damage, seize and bring away any )f that plantation of Indians that shall interteine, protect or rescue .he offendor, though it should bee in another Jurissdiction, when ,hrough distance of place, commission or direction cannott bee had, after notice and due warning giuen them, as actors, or at least access- ary to the iniurye and damage done to the English : onely women and children to bee sparingly seized, vnless knowne to bee some way guilty. And because it will bee chargeable keeping Indians in pris- on, and if they should escape they are like to prove more insolent and dangerous after, It was thought fitt that vppon such seizure, the delinquent or satisfaction bee againe demaunded of the Sagamore or plantation of Indians guilty or accessary as before; and if it bee de- ayed, that then the Magistrates of the Jurissdiction deliuer vp the Indian seized to the party or partyes endammaged, either toserue or £0 bee shipped out and exchanged for neagers, as the case will justly beare. And though the Comissioners foresee that such severe though just proceeding may provoake the Indians to an vniust seizing of some of ours, yet they could not at present finde no better meanes to preserue the peace of the Colonyes, all the aforementioned out- rages and insolences tending to an open warr : Onely they thought fitt that before any such seizure bee made in any plantation of In- dians, the ensuing Declaration bee published, and a Coppye giuen to the perticular Saggamores : The Commissioners for the Vnited Colonyes, considering how peace with righteousnes may bee preserued betwixt all the English and the severall plantations of the Indians, thought fitt to declare and publish, as they will doe no iniurye to them, so if any Indian [32*] or Indians of what plantation so euer, doe any willfull dam- mage to any of the English Colonyes, vppon proofe, they will in a peaceable way require just satisfaction, according to the nature of the offence and dammage. But if any Saggamore or plantation of Indians, after notice and due warninge, interteine, hyde, protect, keepe, conuey away or further the escape of any such offendor or offendors, the English will require satisfaction of such Indian and CODE OF LAWS. 533 Saggamore or Indian plantation ; and if they deny it, they will right themselues as they may, vppon such as so meinteine them that doe the wrong, keeping peace and all tearmes of Amity and Agreement with all other Indians. INKEEPERS. Forasmuch as there is a necessary vse of howses of Common In- terteinement in euery Common wealth, and of such as retaile wine, beare and victualls, yet because there are so many abuses of that lawfull libberty, both by persons interteining and persons interteined, there is allso need of strict lawes and rules to regulate such an im- ployment ; It is therefore ordered by ihis Courte and Authority thereof, that no person or persons licensed for Common Interteinement shall suffer any to bee drunken or drinke excessiuely, vfz: aboue halfe a pinte of wyne for one person at one time, or to continue tipling aboue the space of halfe an houre, or at vnseasonable times, or after nine of the clock at night, in or about any of theire howses, on penalty of fiue shillings for euery such offence. And euery person found drunken, viz: so that hee bee thereby bereaued or dissabled in the vse of his vnderstanding, appearing in his speech or gesture, in any of the saide howses or elsewhere, shall forfeitt ten shillings ; and for excessiue drinking, three shillings, foure pence ; and for continnu- ing aboue halfe an houre tipling, two shillings six pence ; and for tipling at vnseasonable times, or after nine a clock at night, fiue shillings, for euery offence in these perticulars, being lawfully con- victed thereof; and for want of payment, such shall bee imprisoned vntill they pay, or bee set in the stocks, one houre or more, in some open place, as the weather will permitt, not exceeding three houres at one time : Provided notwithstanding, such licensed persons may interteine seafaring men or land trauellers in the night season when they come first on shoare, or from theire journye, for theire necessary [33*] refreshment, or when they prepare for || theire voyage or journeye the next day early, [if there] bee no dissorder amongst them ; and allso strangers and other persons in an orderly way may continnue [in] such howses of Common Interteinement during m[eal] times or vpponJawfuU buisines, what time their occassions shall require.* And it is also ordered that if any person offend in drunkenes, ex- • Some of the provisions of this section are included, in substance, in the order of May 25th, 1647. 46* 534 CODE OF LAWS. cessiue or long drinking, the second time they shall pay double fynes: And if they fall into the same offence the third time, they shall pay treble fynes : And if the parties bee not able to pay theire fynes, then hee that is found drunke shall bee punnished by whip- ping to the number of ten stripes, and hee that offends by excessiue or long drinking, shall bee put into the stocks for three houres, when the weather may not hazzard his life or limbs ; and if they offend the fourth time they shall bee imprisoned vntill they put in two sufficient sureties for theire good behauiour. And It is further ordered, that the severall Townes vppon the Riuer within this Jurissdiction, shall provide amongst themselues in each Towns, one suffitient Inhabitant to keepe an Ordinary, for pro- vision and lodging in some comfortable manner, Ihat passengers or strangers may know where to resorte. And such inhabitants as by the seuerall Townes shall bee chosen for the said service shall bee presented to two Magistrates, that they may bee judged meete for that imployment. And this to bee effected by the severall Townes within one month, vnder the penalty of forty shillings a month for each month that either Towne shall neglect the same.* And It is allso further ordered, that euery Inkeeper or Victualler shall prouide for interteinement of strangers horses, viz: one or more inclosures for summer, and hay or provender for winter, with con- venient stable roome and attendance, vnder penalty of two shillings sixpence for euery dayes default and double dammage to the party e thereby wronged, except it bee by inevitable accident. Lastly, It is ordered by the Authority aforesaid, that all Consta- bles may and shall, from time to time, duely make search through- [34*] out the limmitts of their Townes, || vppon Lord's dayes and Lecture dayes, in times of exercise, and allso at all other times so oft as they shall see cause, for all offences and offenders against this Law in any the perticulars thereof: And if vppon due information or complaint of any of theire Inhabitants or other credible persons, whether Tauerner, Victualler, Tabler, or other, they shall refuse to make search as aforesaid, or shall not to theire power performe all other things belonging to theire place or office of Constableship, then vppon complaint and due proofe before any one Magistrate, within three months after such refusall or neglect, they shall bee fyned for euery such offence ten shillings, to bee levied by the Marshall as in other cases, by Warrant from such Magistrate before whome they * June 3d, 1644. p. 103. CODE OF LAWS. 535 are convicted, or Warrant fronm the Treasurer vppon notice from such Magistrate. It is ordered by this Courte and Authority thereof, that no Inkeep- er, Victualer, Wine drawer, or other, shall deliuer any Wyne, nor suffer any to bee deliuercd out of his howse, to any w"'' come for it, vnles they bring a noate vnder the hand of some one master of some familye and allowed Inhabitant of that Towne ; neither shall any of them sell or draw any hott water to any but in case of necessitye, and in such moderation for quantity as they may haue good grounds to conceaue it may not bee abused ; and shall bee ready to giue an account of theire doings herein, when they are called thereto, vnder censure of the Courte in case of delinquency. INDITEMENTS. If any person shall bee indicted of any Capitall crime (whoe is not then in durance,) and shall refuse to render his person to some Magistrate within one month after three proclamations publiquely made in the Towne where hee vsually abides, there being a month betwixt proclamation and proclamation, his lands and goods shall bee seized to the vse of the Common Treasury, till hee make his lawfull appearance, and such withdrawing of himselfe shall stand in stead of one wittnes to prooue his crime, vnless hee can make it appears to the Courte that hee was necessarily hindred. [35*] JURYES AND JURORS. * It is ordered by the Authority of this Courte, that in all cases w"*" are entred vnder forty shillings, the sute shall bee left to bee tryed by the Courte of Magistrates as they shall judge most agreeable to equity and righteousnes. And in all cases that are tryed by Juries, It is left to the Magistrates to impannell a Jury of sixe or twelue, as they shall judge the nature of the case shall require ; and if four of sixe, or eight of twelue, agree, the verdict shall bee deemed to all intents and purposes sufficient and full; vppon w""" judgement may bee entred and execution graunted, as if they had all concur- red ; but if it fall out that there bee not such a concurrence as is before mentioned, the Jurors shall returne the case to the Courte with theire reasons, and a speciall verdict is to bee drawne there- vpon, and the voate of the greater number of Magistrates shall carrye the same ; and the judgement to bee entred and other proceedings as in case of a verdict by a Jury. • [In margin,] " In old Book, Feb: 5, '44." See p. 118, ante. 536 CODE OF LAWS. And it is further ordered, that the Courte of Magistrates shall haue libbertye (if they doe not find in iheir judgements, the Jury to haue attended the euidence giuen in, and true issue of the case, in theire verdict,) to cause them to returne to a second consideration thereof; and if they still persist in theire former opinion, to the dis- satisfaction of the Courte, it shall bee in the power of the Courte to impannell another Jurye, and committ the consideration of the case to them. And it is allso left in the power of the Courte to varye and alitor the dammages giuen in by any Jurye, as they shall judge most equall and righteous, prouided, that what allteration shall at any time bee made in that kind, bee done in open Courte, before Plaintiff and Defendant, or Affidauitt made that they haue beene required to bee present, and that allteration w"*" is made bee done either the same Courte, or provision made to secure the verdict of the Jury vntil the case bee fully issued. And whereas many persons, after theire seuerall causes in Courte haue beene tryed and issued, haue slipt away or otherwise neglected, if not refused, to pay the charges of the Courte, according to order ; for preventing thereof for the future. It is ordered, that whosoeuer shall haue any action or sute in Courte, after the publishing hereof, shall, as soone as his cause is issued pay [36*] the whole charges of the Courte, that concernes either Jury or Secretary, before hee departesthe same. And the like allso shall bee done by all those whose Actions are not taken vp, and with- drawne before the sitting of the Courte wherein they were to bee tryed; or otherwise, for neglect or non performance of either, bee committed to prison, there to remaine till hee or they haue satisfied the same. GRAND JURY, It is ordered and decreed, that there shall bee a Grand Jury of twelue or fourteene able men warned to appeare euery Courte yearely in Septemb', or as many and oft as the Gouerno'' or Courte shall thinke meete, to make presentment of the breaches of any Lawes or orders or any other misdemeanors they shall know of in this Jurissdiction.* lands; free lands. It is ordered, and by this Courte declared, that oure Lands and Heritages shall bee free from all fynes and lycenses vppon Aliena- tions, and from all Harriotts, Wardships, Liveries, Primer seizins, * July 5th, 1643. p. 91. CODE OF LAWS. 537 yeare, day and waste, escheats and forfeitures vppon the death of parents or ancestors, bee they naturall, vnnaturall, casuall or judi- tiall, and that for euer.* LE V Y ES. Forasmuch as the Marshalls and other officers haue complained to this Courte that they are oftentimes in great doubt how to demeane themselues in the execution of theire offices; It is ordered by the Authority of this Courte, that in case of fynes and assessments to be levyed, and vppon execution in Civill Actions, the officer shall demaund the same of the party or at his howse and place of vsuall aboade ; and vppon refusall or non payment, hee shall haue power (calling the Constable, if hee see cause for his assist- ance,) to breake open the dore of any howse, chest or place where hee shall haue notice that any goods lyable to such Levye or Execu- tion shall bee ; and if hee bee to take the person, hee may doe the like, if vppon demaund hee shall refuse to render himselfe ; and whatsoeuer charges the officer shall necessarily bee put vnto, vppon [37*] any such occassion, |j hee shall haue power to levye the same as hee doth the debt, fyne or execution ; and [if] the officer shall leuye any such goods vppon execution as cannott bee conuayed to the place where the party dwells for whome such execution shall bee leuyed, without considerable charge, hee shall leuye the said charge allso with the execution. The like order shall bee ob- serued in leuying of fynes ; provided, it shall not bee lawfuU for such officer to leuye any mans necessarye bedding, apparrell, tooles or armes, neither implements of houshold, w"*" are for the necessary vpholding of his life ; but in such cases hee shall leuye his Land or person, according to Law ; and in no case shall the officer bee put to seeke out any mans estate further then his place of aboade : But if the party will not discouer his goods or Land, the officer may take his person. And it is allso ordered and declared, that if any officer shall doe iniurye to any, by colour of his office, in these or any other cases, hee shall bee lyable vppon complaint of the party wronged, by action or information, to make full restitution. See Marshall. LYING . Whereas truth in words as well as in actions is required of all men, especially of Christians whoe are the professed seruants of the •From the Massachusetts " Body of Liberties," of 164]. 538 CODE OF LAWS. God of Truth ; and whereas all Lying is contrary to Truth, and some sortes of Lyes are not onely sinfull, as all Lyes are, but allso pernicious to the publique weale and iniurious to perticular per- sons ; It is therfore ordered by this Courte and Authority thereof, that euery person of the age of discretion, w""" is accounted fourteene yeares, who shall wittingly and willingly make or publish any Lye w""*" may bee pernicious to the publique weale, or tending to the damage or iniurye of any perticular person, to deceiue and abuse the people with false newes or reportes, and the same duely prooued in any Courte or before any one Magistrate, who hath hereby power graunted to heare and determine all offences against this Lawe, such persons shall bee fyned for the first offence ten shillings, or if the party bee vnable to pay the same, then to ,bee sett in the Stocks, so long as the said Courte or Magistrate shall appointe, in some open place, not exceeding three houres ; for the second offence in that kind, whereof any shall bee legally convicted, the sum of twenty [38*] shillings, || or bee whipped vppon the naked body not ex- ceeding twenty stripes : and for the third offence that way, forty shillings, or if the party bee vnable to pay, then to bee whipped with more stripes, not exceeding thirtye. And if yett any shall offend in like kinde and bee legally convicted thereof, such person, male or female shall bee fyned ten shillings at a* time more then formerly, or if the party so offending bee vnable to pay, then to bee whipped with fine or sixe stripes more then formerly, not exceeding forty at any time. And for all such as being vnder age of discretion, that shall offend in Lying, contrary to this Order, theire Parents or Mas- ters shall giue them due correction, and that in the presence of some officer, if any Magistrate shall so appointe. Provided allso, that no person shall bee barred of his just action of slaunder or otherwise, by any proceeding vppon this Order. masters; servants; sojourners. It is ordered by this Courte and Authority thereof, that no Master of a Familye shall giue interteinment or habitation to any younge man to soiourne in his familye, but by the allowance of the inhabit- ants of the Towne where hee dwells, vnder the penalty of twenty shillings p' weeke. And it is allso ordered, that no young man that is neither married nor hath any, servant, nor is a publique officer, shall keepe hovvse of himselfe without the consent of the CODE OF LAWS. 539 Towne for and vnder paine or penalty of twenty shillings a weeke.* It is allso ordered by the Authority aforesaid, that no servant, either man or maid, shall either giue, sell or truck, any commodity whatsoeuer, without license from theire master, during the time of theire service, vnder paine of fyne or corporall punnishment at the discretion of the Courte, as the offence shall deserue. And that all workemen shall worke the whole day, allowing convenient time for food and rest. It is allso ordered, that when any Servants shall runn from theire Masters, or any other inhabitants shall priuately goe away with suspition of ill intentions, It shall bee lawfull for the next Magis- trate, or the Constable and two of the chiefest inhabitants, where no Magistrate is, to press men and boates or pinnaces, at the publique charge, to persue such persons by sea or land, and bring them [39*] back by force of armes. And whereas many stubborne, refrectary and discontented Ser- uants and Apprentices, withdraw themselues from theire Masters services to improue theire time to theire owne advantage ; for the preventing whereof. It is ordered, that whatsoeuer Servant [or] Ap- prentice shall hereafter offend in that kinde, before theire Covenants or tearme of service are expired, shall serue theire said Masters, as they shall bee apprehended or retained, the treble terme or threefold time of theire absence in such kinde. f MANSLAUGHtER. It is ordered by this Courte and Authority thereof, that if any per- son in the just and necessary defence of his life, or the life of any other, shall kill any person attempting to rob or murther in the feild or highe way, or to breake into any dwelling bowse, if hee conceiue hee cannott with safety of his own person otherwise take the Felon or Assailant, or bring him to tryall, hee shall bee houlden blameless. MAGISTRATES. This Courte being sensible of the great dissorder growing in this Common wealth, through the contempts cast vppon the Civill Au- thority, W^*" willing to prevent, doe order and decree : That whosoeuer shall henceforth openly or willingly defame any * Feb. 2]8t, J637. p. 8. The words 'for and,' in the line before the last, were probably sub- stituted for 'first had,' by an error of the compiler, or recorder, of the code of 1650. tJune, 1644. p. 105. 540 CODE OF LAWS. Courte of Justice, or the sentences and proceedings of the same, or any of the Magistratesor judges of any such Courte, in respect of any Act or sentence therein passed, and being thereof lawfully convicted in any Generall Courte or Courte [of] Magistrates, shall bee pun- nished for the same by fyne, imprisonment, dissfranchisement or bannishment, as the quality and measure of the offence shall deserue. MARRIAGE. Forasmuch as many persons intangle themselues [by] rashe and inconsiderate contracts for theire future joininge in Marriage Cove- nant, to the great trouble and greife of themselues and theire freinds ; for the preventing thereof, [40*] It is ordered by || the Authority of this Courte, that whoso- euer intends to joine themselues in Marriage Covenant shall cause theire purpose of contract to bee published in some publique place, and at some publique meeting in the severall Tov^^nes where such persons dwell, at the least eight dayes before they enter into such contract whereby they ingage themselues each to other, and that they shall forbeare to joine in Marriage Covenant at least eight dayes after the said contract.* And it is allso ordered and declared, that no person whatsoeuer, male or female, not being at his or her owne dispose, or that remaineth vnderthe gouernement of parents, masters or guardians, or such like, shall either make, or giue interteinment to, any motion or sute in way of marriage without the knowledge and consent of those they stand in such relation to, vnder the seuere censure of the Courte in case of delinquency, not attending this order ; nor shall any third person or persons intermeddle in making any motion to any such, without the knowledge and consent of those vnder whose gouernment they are, vnder the same penalty. f Marriages and Births ; See Records.. MARSHALL. It is ordered by this Courte, that the Marshall shall be allowed for euery Execution hee serues, w'^'' is under the sum of fine pounds, two shillings six pence, and foure pence for euery myle hee goes to serue the said Execution out of the Towne where hee liueth : And for euery Execution hee serues of or aboue fiue pounds and under the sum of ten pounds, hee shall be allowed three shillings foure • Apr. lOth, 1640. p. 47, 48. t July 5th, 1643. p. 92. CODE OF LAWS. 541 pence, and foure pence for euery myle, as before : And for euery Execution hee serues of or aboue the sum of ten pounds, hee shall bee allowed fiue shillings, and foure pence for euery myle as before. AUso hee is to bee allowed his other just and necessary e charges; onely it is provided that if hee bee excessiue therein, vppon due complaint and proofe made, it shall bee redressed. And it is allso further ordered that the Marshall shall bee allowed for euery At- tachement hee serues halfe so much as is before allowed him for Executions, onely hee is to haue foure pence for euery myle hee goes to serue the Attachement as before. It is further ordered by the Courte and .^thority thereof, that euery Officer* that shall at any tyme bee fyned for the breach of any poenall lawe or other just cause, such person or persons so of- [41*] fending || shall forthwith pay his or theire fyne or penalty [or giue] in security speedily to doe it, or else shall bee imprisoned or kept to worke till it bee paid, that no loss may [come] to the Com- monwealth ; and what other fynes or debts allready due or shall bee due to the Country, the Marshall for the time being, vppon warrant from the Treasurer, and according to his oath, shall bee faithfuU in doing the duty of his place in levyinge and returning the same, vp- pon paine of forfeiting two shillings of his owne estate for euery pound, or else such fine as any Courte of Justice shall impose on him for neglect. MEASURES AND WEIGHTS. Forasmuch as it is obserued that there are diuers of Weights, Yardes and Measures amongst vs, wherby dammages many times ensueth by commerce with seuerall persons ; for the preventing whereof. It is now ordered, that no man within these libberties, shall, after the publishing of this order, sell any comodityes but by sealed weight or measure, under the penalty of twelue pence each default. The Clarke is to haue a penny for sealing a weight or measure each time ; And no weight or measure is to bee accounted authf ntick that is not sealed or approoued by the Clarke, once euery yeare. The said Clarke is to breake or demolish such Weights, Yards or Measures as are defectiue.f * In the (printed) revision of 1672-3, the word 'person' is substituted for 'officer.' t Thie substance of this order is contained in an order of Feb, ]4th, 1643-4. p. 100. 47 542 CODE OF LAWS. MILLITARY AFFAIRES. It is ordered and by this Courte declared, that all persons that are aboue the age of sixteene yeares, except Magistrates and Church offi_ cers, shall beare Armes, vnless they haue, vppon just occassion, ex. emption graunted by the Courte ; and euery male person within this Jurissdiction aboue the said Age, shall haue in continuall readines, a good muskitt or other gunn, fitt for service, and allowed by the Clark of the Band, with a sword, rest and bandaleers, or other ser- uiceable provision in the roome thereof, where such cannott bee had ; as allso such other millitary provision of powder, match and bullitts as the lawe requires, and if any person whoe is to prouide Armes or Ammunition cannott purchase them by such meanes as hee hath, hee shall bring to the Clarke so much Corne or other merchantable goods as by aprizement of the said Clarke and two others of the Com- pany (whereof one to be chosen by the partye) [as shall bee judged [42*] of a greater value by a fifth part] then such Armes or Ammu- nition is of, hee shall bee excused of the penalty for want of Armes (but not for want of appearance) vntill hee bee provided. And the Clarke shall indeauor to furnish him so soone as may bee by sale of such goods so deposited rendring the ouerplus to the partye. But if any person shall not bee able to provide, himselfe Armes or Ammu- nition through meere poverty, if hee bee single hee shall bee put to service by some Magistrate, and the Constable shall appointe him Armes and Ammunition, and shall appointe him when and with whome to earne it out. And it is ordered that all the Soulgers within this Jurissdiction shall bee trained at least six times yearely, in the months of March, Aprill, May, Septemb'', Octob' or November, by the appointment of the Captaine or Chiefe officer in the seuerall towries : And the times of theire meeting together shall be at eight of the clock in the morn- inge. And the Clarke of each Band shall, twise euery yeare at least, veiw the Armes and Ammunition of the Band, to see if they all bee according to Lawe ; And shall vppon euery Traininge day giue his attendance in the feild, euery day, (except hee hath speciall leaue from his Captaine or Cheife Officer) to call ouer the Roll of the Sould- gers and take notice of any defect by theire absence or otherwise : And hee shall duely present to the Gouernor or some of the Magis- trates, all defects in Armes or Ammunition, at least once in each yeare, and oftner if it bee required. And it is left to the judgement of the Magistrates to punnish all defects in that kind according to the nature of the offence, wherein due regard is to bee had of willfull CODE OF LAWS. 543 neglects in any, that such may not pass without a severe censure, And whosoeuer shall bee absent any of the dayes appointed for traininge, after the houre appointed, or shall not continnue the whole time, shall forfeitt the sum of two shillings six pence for euery de- fault, except such as are licensed vnder the hand of two Magistrates. The Clarkes of the severall Bands are to distreine the delinquents, within fourteene dayes after the forfeiture ; whereof six pence shall bee to himselfe and the remainder for the maintenance of Drums, Cullers &c. And if any of the said Clarkes shall omitte to distreine any delinquents, aboue the said terme of fourteene dayes, hee shall forfeitt and pay to the vse of the Publique, double the fyne so neg- lected by him. [43*] It is ordered, that the Souldgers shall onely make choyce of theire Millitary Officers, and present them to the Perticular Courte ; but such onely shall bee deemed officers as the Courte shall confirme. The state and condition of the place where [we] Hue, by reason of the Indians and otherwise, requiring all due meanes to bee vsed for the preservation [of the] safety and peace of the same, this Courte judgeth necessary that there should bee a Magazine of Powder and Shott provided and mainteined in the Country, in each Towne within this Jurissdiction ; And doe therefore order and decree, that there shall bee two barrills of Powder and six hundred weight of Lead provided by this Commonwealth, before the Generall Courte in Sep- temb"^ next, w"'' shall bee meinteined and continued and accounted as the Country stock. And it is allso further ordered, that the sev- erall Townes within this Jurissdiction shall provide and mainteine as follow"', viz: — Wyndsor, one barrill and halfe of Powder, four hundred and fifty pound of Lead, one hundred fathom of m[atch,] nine Cotton Coates or Corseletts and suffitient serviceable Pikes to either of them. Hartford, two barrills of Powder, six hundred weight of Lead and six score fathom of Match, and twelue Cotton Coates or Corseletts with serviceable Pikes to either of them. Wethersfeild, one barrill of Powder, three hundred weight of Lead, eighty fathom of Match, and eight Cotton Coates or Corseletts with serviceable Pikes to either of them. Seabrooke, halfe a barrill of Powder, one hundred and fifty pound of Lead, forty fathom of Match, and three Cotton Coates or Corse- letts with serviceable Pikes to either of them. 544 CODE OF LAWS. Farmington, the same in each particular with Seabrooke. Fairefeild and Strattford, in each Towne, one barrill of Powder three hundred weight of Lead, one hundred fathom of Match, and six Coates or Corseletts with serviceable Pikes to either of them. South hampton and Pequett, in each Towne, halfe a barrill of Powder, one hundred and fifty pounds of Lead, forty fathom of Match, with three [Coates or Corseletts with serviceable Pikes to either of them.] [44*] Each Towne allso shall provide so many good firelocke mus- kitts and good backswords or Cuttlasses, as the Corseletts are they are charged with by this order. All w^'^ shall bee provided by the seuerall Townes by the Courte in September next, and meinteined constantly for the future, vppon the penalty of ten shillings p' month for each Townes defect or neglect herein. Allso it is further ordered. That euery male person within this Jurissdiction, that is aboue the age of sixteene yeares, whether Mag- istrates, Ministers or any other, (though exempted from training, watching and warding,) shall bee allwayes provided with, and haue in readiness by them, halfe a pound of Powder, two pound of ser- viceable Bullitts or shott, and two fathom of Match to euery Match- lock, vppon the penalty of fine shillings a month for each persons default herein : provided notwithstanding, that if the proportions of powder laid vppon each Towne and person either doth not at present or shall not, (by reason of the increase of theire numbers,) for the future, amount in all to three pound of powder for euery Souldger, then each Towne shall, vppon the former penaltye, provide so much more as shall bee three pound of powder for a Souldger, and other provision of Lead &c. increase in each Towne according to the same proportion. Whereas many inconveniences doe appeare, by reason that the severall Souldgers of the Trained Bands in each Towne within this Jurissdiction haue not beene allowed some powder vppon theire Training dayes, for theire practice and exercise in theire severall firings : — It is ordered by the Authority of this Courte, that there shall bee allowed to euery Souldger in the seuerall Trained Bands in each Towne as aforesaid, halfe a pound of powder a peece for a yeare, and so from yeare to yeare for the future, to bee provided by and at the propper costs and charges of the Masters and Gouernors of each familye vnto w°'' the said Souldgers doe belong, to bee called forth, CODE OF LAWS. 545 improued and disposed of, at the discretion of the Captaine or other principall leaders in each Trained Band. It is allso ordered, that the Captaines, Leiftennants and Ensignes shall bee freed from watching and warding, and the Serieants from warding and halfe theire watch. [45*] MINISTERS MEINTENANCE. Whereas the most considerable persons in [these Colonyes] came into these partes of America that they [might] inioye Christe in his ordinances, without dis[turbance ;] And whereas amongst many other pretious [mercies] the ordinances haue beene and are dispensed amongst vs with much purity and power ; this[Courte] tooke it into theire serious consideracon how due maintenance, according to God, might bee provided and setled, both for the present and [future,] for the incouragement of the Ministers who [labour] therein; And doe order, that those who are [taught] in the word, in the severall planta- tions bee [called] together, that euery mann voluntarily sett downe what hee is willing to allowe to that end and [vse :] And if any man refuse to pay a meet proportion, that then hee bee rated by Authority in some [just] and equall way; and if after this any man with- hold or delay due payment, the Civill power to bee exercised, as in other just debts.* OATHS. [The oaths for the Governor, Magistrates, Constables, Freemen, and Jurymen, are the same as originally recorded, pages 25, 26. C2, 57. Those which follow, were inserted after the adoption of the cod*, and are in the hand writing of Secretary Clark.] [47*] Commissioners Oath.-f You doe sweare by the great and dredfull name of the euerlasting God, that for this yeare ensuing [and] vntill new bee chosen, you shall faithfully execute the place and office you are chosen unto, according to the extent of your Ck)mission : So helpe you God, in the name of the Lord Jesus Christ. * Secretaries Oath. A. B. You being chosen Secretary for this Jurisdiction, dureing this year, doe sweare by y" great name of God, that you shall keep * Ordered, Oct. 25th, 1044, upon the recommendation of the Commissioners of the U. Col- onies, p. 112. t This and the two following Oaths, were subsequently recorded, (as appears by the hand writing) by Secretary Clark. 47* 546 CODE OF LAWS. the secrets of the Court and shall carefully execute the place of a Secretary, and shal truly and faythfully record all Orders of the Court ; and (fixe the Scale vnto y^ orders sent forth to y' respectiue Townes &*) shall deliuer true copies and certificates when they shalbe necessarily required. So help you God, in our Lord Jesus Christ. Grand Juryes Oath. You doe sweare, by the great and dreadful name of God, that you will w"" all due care and faithfulnes make presentment according to order, at y^ Quarter Court in September next, such misdemeanours and transgressions of y^Lawes and Orders of this Commonwealth as shal come to your cognisance; as also to doe your indeauour to find out such things as are contrary to religion and peace : So help you God, in o"^ Ld. Jesus Christ. [48*] P E A G E . It is ordered by this Courte and decreed, that no Peage, white or black, bee paide or receiued, but what is strunge and in some meas- ure strung sutably, and not small and great, vncomely and disorderly mixt, as formerly it hath beene.f p o o R E. It is ordered by this Courte and Authority thereof, that the Courte of Magistrates shall haue power to determine all differences about lawfull setling and providing for poore persons, and shall haue power to dispose of all vnsetled persons, into such Townes as they shall judge to bee most fitt for the maintenance and imployment of such persons and families for the ease of the Countrye. pound; pound breach. For prevention and due recompense of dammage in Corne feilds and other inclosures done by Swyne and Cattle, It is ordered by this Courte and Authority thereof, that there shall bee one suffitient Pound or more made and meinleined in euery Towne and Village within this Jurissdiction, for the impounding of all such Swyne and Cattle as shall bee found in any Cornefeild or other Inclosure : And whosoeuer impounds any Swyne or Cattle shall giue present notice to the owners, if bee bee knowne, or otherwise they shall bee cryed • The words in the parenthesis are interlined. t Recotmnended by the Commissioners of the U. Colonies ; and approved by the Gen. Court, Mar. 1049; p. 179. CODE OF LAWS, 547 at the two next Lectures or Markitts. And if Svvyne or Cattle escape out of the pound, the owner, if knowne, shall pay all dam- mages, according to la we. And whereas impounding of Cattle in case of Trespasses hath beene allwayes found both needfull and proffitable, and all the breaches about the same very ofTensiue and iniurious : — It is there- fore ordered by this Courte and Authority thereof, that if any person shall resiste or rescue any Cattle going to the Pound, or shall by any way or meanes conuey them out of Pound or custody of the law, whereby the party wronged may looss his dammage and the Lawe bee deluded, that in case of meere Rescues, the party offending shall forfeitt to the Treasure, forty shillings ; and in case of Pound breach, fine pounds ; and shall allso pay all damages to the party wronged : And if in the Rescue any bodily harmes bee done to the person of any man or other, they shall haue remedye against the rescuers : And if either bee done by any not of abillitye to answer the dam- mage and forfeitt aforesaid, they shall bee [ ] whipt, by [49*] warrant from any Magistrate || before whome the offender is convicted, in the Towne or Plantacon where the offence was com- mitted, not exceeding twenty stripes, for the meere Rescue or Pound breach, and for all dammages to the party they shall satisfie by ser- vice, as in case of theft : And if it appeare there were any procure- ment of the owners of the Cattle therevnto, (and that they were Abettors) they shall all pay forfeitures and damages as if themselues had done it. PROFANE SWEARING. It is ordered and by this Courte decreed, that if any person within this Jurissdiction shall sweare rashly and vainely, either by the holy name of God, or any other oath ; and shall sinfully and wickedly curse any ; hee shall forfeitt to the Common Treasure, for euery such severall oflence, ten shillings: And it shall bee in the power of any Magistrate, by warrant to the Constable, to call such persons before him, and vppon just proofe to pass a sentence, and leuye the said penalty, according to the vsuall order of Justice : And if such persons bee not able, or shall vtterly refuse to pay the aforesaid fyne, hee shall bee committed to the Stocks, there to con- tinue not exceeding three houres and not less than one houre. RATES. It is ordered by this Courte and Authority thereof, that euery In- habitant shall henceforth contribute to all charges both in Church 548 CODE OF LAWS. and Common wealth whereof hee doth or may receiue benefitt, and euery such Inhabitant who doth not voluntarily contribute propor- tionably to his abillity with the rest of the same Towne to all com- mon charges, both Ciuill and Ecleseasticall, shall bee compelled therevnto by assessments and distress, to be leuyed by the Constable or other officer of the Towne as in other cases ; And that the Lands and Estates of all men, whereuer they dwell, shall bee rated for all Towne Charges, both Ciuill and Ecleseasticall as aforesaid, where the Lands and Estates shall lye, and theire persons, where they dwell. For a more equall and ready way of raising means [for] defray- ing of publique charges in time to come, and for preuenting such in- conueniences as haue fallen out vppon former assessments ; — It is [50*] ordered and acted by the Authority of this Courte, || That the Treasurer for the time being shall, from yeare to yeare, in the first month, without expecting any other order, send forth his Warrants to the Constables of euery Towne within this Jurissdiction, requiring the Constable to call together the Inhabitants of the Towne, whoe being so assembled shall chuse three or foure of theire able Inhabit- ants, whereof one to bee a Comissioner for the Towne, whoe shall some time or times in the sixth month then next ensuing, make a list of all the male persons in the same Towne from sixteene yeares old and vpwards, and a true estimation of all personall and reall estates being (or reputed to bee,) the estate of all and euery the persons in the same Towne, or otherwise vnder theire custody or managing, ac- cording to just valuation, and to what persons the same belong, whether in theire owne Towne or other where, so neare as they can by all lawfull wayes and meanes w""" they may vse, viz : of howses, lands of all sortes, as well vnbroken vp as other (except such as doth or shall lye common, for free feed of Cattle, to the vse of the Inhab- itants in generall, whether belonging to the Townes or perticular persons, but not to bee kept or bearded vppon it to the damage of the proprietors,) mills, shipps and all small vessells, merchantable goods, cranes, wharfes, and all sortes of Cattle, and all other knowne estate whatsoeuer, as allso all visible estate either at sea or on shore ; all w"*" persons and estates are by the said Commissioners and select men to be assessed and rated as heere follow"", viz : Euery person afore- said, (except Magistrates and Elders of Churches) two shillings six pence by the head, and all estates both reall and personall, at one penny for euery twenty shillings, according to the rates of Cattle hereafter mentioned. And for a more certeine rule in rating of CODE OF LAWS. 549 Cattle, euery Cowe of f'oure yeare old and vpward shall be valued at fiue pounds ; euery heifer and steare, betweene three and four yeare old, foure pounds, and betweene two and three yeare old, fifty shil- lings, and betweeile one and two yeare old, thirty shillings; euery Oxe and Bull of foure yeare old and vpwards, six pounds ; euery Horse and 'Mare of foure yeare old and vpwards, twelue pound ; of three yeare old, eight pounds ; betweene two and three yeares old, fiue pounds; of one yeare old, three pounds ; euery Sheepe of one yeare old, thirty shillings ; euery Goate aboue one yeare old, eight shillings ; euery Swyne aboue one yeare old, twenty shillings ; and all Cattle of all sortes vnder a yeare old, are hereby exempted, as allso all Hay and Come in the husbandmans hand, because all meadow, earable ground and Cattle are rateable as aforesaid. And [51*] for all such persons as by the advantage of theire Artes and Trades are more able to helpe beare the publique charge then Com- mon Labourers and workemen, as Butchers, Bakers, Bruers, Vic- tuallers, Smiths, Carpenters, Taylors, Shoemakers, Joiners, Barbers, Millers and Masons, with all other manuall persons and Artists, such are to bee rated for their returnes and gaines proportionably vnto other men for the produce of theire estates. Provided that in the Rate by the Poll, such persons as are dissabled by sickness, lameness or other infirmities shall bee exempted ; and for such servants and children as take not wages, theire parents and masters shall pay for them, but such as take wages shall pay for themselues. And it is further ordered, that the Comissioners for the severall Townes vppon this Riuer shall yearely meet vppon the third Thurs- day in the sixth month at Hartford, and the Comissioners for the Townes of Fairefeild and Strattford shall meett the same day in one of those Townes, (and two dayes before the Generall Courtein Sept: they shall meete y' Comissioners vppon y' Riuer in Hartford,*) and bring with them, fairely written, the just number of males listed as. aforesaid, [and] the Assessment of estates made in theire seuerall Townes according to the rules and directions in this present order expressed ; And the said Comissioners being so assembled shall duely and carefully examine all the said Lists and Assessments of severall Townes, and shall correct and perfect the same, according to the true intent of this order, and the same so perfected they shall transmit! vnder theire hands to the Generall Courte, the second Thursday in September, and then, directions shall bee giuen to the Treasurer for gathering of the said Rate, and euery one shall pay * The clause in parenthesis, is interlined. 550 CODE OF LAWS, theire Rate to the Constable of the Towne where it shall bee assessed ; nor shall any land or estate bee rated in any other Towne but where the same shall lye, is or was improued to the owner's, reputed own- er's, or other proprietor's vse or behoofe, if it bee within this Juriss- diction. And for all peculiars, viz: such places as are not yet laid within the bounds of any Towne, the same Lands, with the persons and estates therevpon, shall bee assessed by the Rates of the Towne next vnto it ; the measure or estimacon shall bee by the distance of the meeting bowses. And if any of the said Comissioners or of the select men shall wil- lingly faile or neglect to performe the trust committed to them by this order, in not making, correcting, perfecting or transmitting any [52*] of the said Lists or Assessments, || according to the intent of this order, euery such offender shall bee fyned forty shillings for euery such offence, or so much as the Country shall bee damnified thereby, so as it exceeds not forty shillings for one offence ; provided that such offence or offences bee complained of and prosecuted, in due course of law, within six months. And it is further ordered, that vppon all distresses to bee taken for any of the Rates and Assessments aforesaid, the officer shall distreine goods or Cattle, if they may bee had ; and if no goods, then lands or howses ; if neither goods nor lands can bee had within the Towne where such distresses are to bee taken, then vppon such returnes to the Treasurer hee shall giue warrants to attache the Body of such persons to bee carried to prison, there to bee kept till the next Courte, except they put in security for theire appearance there, or that payment bee made in the meane time. And it is further ordered, that the prises of all sorts of Come to bee receiued vppon any Rate by vertue of this order, shall bee such as the Courte shall sett from yeare to yeare, and in default thereof they shall bee accepted at the price current, to bee judged by the said Comissioners. And it is further ordered, that all Estates of land in England shall not bee rated in a publique assessment. It is allso provided and ordered, that all Towne Rates shall bee made after the same manner and by the same rule as the Country Rate. Whereas much wrong hath beene done to the Country by the negligence of Constables, in not gathering such Leuyes.as they haue receiued Warrants from the Treasurer, during theire office : — It is therfore ordered, that if any Constable shall not haue gathered the CODE OF LAWS. 551 Leuyes committed to his charge by the Treasurer then being, during the time of his office, that hee shall, notwithstanding [//te] expiration of his office, haue power to leuye by distress all such Rates and Leuyes ; and if hee bring them not in to the old Treasurer, accord- ing to his warrants, the Treasurer shall distreine such Constables goods for the same ; and if the Treasurer shall not so distreine the Constable, hee shall bee answerable to the Country for the same. And if the Constable bee not able to make payment, it shall be law. full for the Treasurer, old or new respectiuely, to distreine any man or men of that Towne where the Constables are vnable, for all Arrearages of Leuyes ; and that man or men, vppon petition to the Generall Courle, shall haue order to collect the same againe, equal- [53*] ly, ofy^ Towne, || with his just dammages for the same. It is further ordered by this Courte, that all Collectors and gath- erers of Rates shall appoint a day and place and giue reasonable warning to the Inhabitants to bring in theire proportions, vppon w'''' every man so warned shall duely attend to bring in his Rate, or vppon neglect thereof shall forfeitt two pence in the shilling for what hee falls shorte ; and the said Collector shall haue authority hereby to distreine the delinquents, or bee accountable themselues for the Rates and penaltyes so neglected by them. RECORDS. It is ordered by this Courte and Authority thereof, that the Towne Clarke or Register, in the several Townes of this Jurissdiction, shall record all Births and Deaths of persons in theire Towne : And that all parents, masters of servants, executors and administrators, re- spectiuely, shall bring in to the Register of theire severall Townes, the names of such persons belonging to them or any of them, as shall either be borne or dye ; and allso that euery new married man shall likewise bring in a certificate of his Marriage, vnder the hand of the Magistrate w'''' married him, to the said Register ; And for each neglect the person to whome it doth belong shall forfeitt as fol- low'*", viz : If any person shall neglect to bring in a noate or certifi- cate as aforesaid, together with three pence a name, to the said Re- gisters, for all Births and Deaths, and six pence for each Marriage, to bee recorded, more then one month after such Birth, Death or Marriage, shall forfeitt for euery default fine shillings, and the pen- alty further increased vppon longer neglect, according to the judge- ment of the Courte. And the Register of each Towne shall yearely conuey to the Secretary of the Courte a true transcript of the Births, Deaths and Marriages, giuen vnder theire hands, with a third parte 552 CODE OF LAWS. of the aforementioned fees, vnder the penalty of forty shillings for euery such neglect, all w"'' forfeitts shall bee returned in to the Treasury ; AUso the Grand Jurors may present all neglects of this order. It is ordered by the Authority aforesaid, that the seuerall Towns within this Jurissdiction shall each of them provide a Ledger Booke, with an Index or Alphabett, vnto the same: Allso shall chuse one [54*] whoe shall bee a Towne Clarke or Register, || whoe shall, be^ fore the Generall Courte in September next, record euery mans howse and lands allready graunted and measured out to him, with the bounds and quantity of the same. And whosoeuer shall neglect three months after notice giuen, to bring in to the said Towne Clarke or Register a noate of his howse and land, with the bounds and quantity of the same by the nearest estimacon, shall forfeitt ten shillings ; and so ten shillings a month, for euery month hee shall so neglect ; the like to bee done for all lands hereafter graunted and measured to any. And if any such Graunter, being required by the Grauntee, his Heires or Assignes, to make an Acknowledgm' of any Graunt, Sale, Bargaine or Morgage by him made, shall refuse so to doe, it shall bee in the power of any Magistrate to send for the partye so refusing and committ him to prison without Bayle or Maineprise, vntill hee shall acknowledge the same : And the Grauntee is to Enter his Caution with the Recorder, and this shall saue his interest in the meane time. And all Bargaines or Mor- gages of lands whatsoeuer shall bee accounted of no value vntill they bee recoi'ded, for w'''' Entry the Register shall receiue six pence for euery percell, deliuering euery owner a Coppy of the same vnder his hand, wherof foure pence shall bee for himselfe and two pence for the Secretary of the Courte. And the said Register shall, euery Generall Courte in May and September, deliuer into the same a Transcript fairely written of all such Graunts, Bargaines or Ingage- ments recorded by him in the Towne Booke ; And the Secretary of the Courte shall record it in a Booke fairely written, prouided for that purpose, and shall preserue the -Coppy brought in vnder the hand of the Towne Clarke. Allso the said Towne Clarke shall haue for euery search of a percell, one penny, and for euery Coppy of a percell, two pence ; and a Coppy of the same vnder the hand of the said Register or Towne Clarke and two of the men chosen to gouerne the Towne, shall bee a suffitient euidence to all that haue the same.* • Oct. lOth, 1639. p. 37. CODE OF LAWS. 553 For the better keeping in minde those passages of Gods Provi- dence w"'' haue beene rernarkeable since o' first vndertaking of these Plantacons, Mr. Deputy, Capt. Mason, Mr. Stone, with Mr. Good- wyn, are desired to take the paines seuerally in theire seuerall Townes, and then jointly together, to gather vp the same and deliuer them in to the General! Courte in September next, and if it bee judged then fitt, they may bee recorded, and for future times, what- soeuer rernarkeable passages shall bee, and if they bee publique, the said parties are desired to deliuer in the same to the Generall [55*] Courte : || But if any perticular person doe bring in any thinge, hee shall bring it vnder the hands of two of the aforemen- tioned parties, that it is true, then present it to the Generall Courte, that if it bee there judged requisitt it may bee recorded : provided that any Generall Courte for the future may allter any of the par- ties before mentioned or add to them, as they shall judge meett.* It is allso ordered by this Courte and decreed, that after the death and decease of any person possessed of any estate, bee it more or less, and whoe maketh a will in writing or by word of mouth, those men w"*" are appointed to order the affaires of the Towne where any such person deceaseth, shall within one month after the same at furthest, cause a true Inventory to bee taken of the said es- tate in writing ; as allso take a Coppy of the said Will or Testament and enter it into a Booke or keepe the Coppy in safe custody ; as allso enter the names vppon record of the Children and Legatees of the Testator or deceased person. And the said orderers of the af- faires of the Towne are to see euery such Will and Inventory to bee exhibited into the publique Courte, within one quarter of a yeare, where the same is to bee registred. And the said orderers of the affaires of the Towne shall doe theire indeauours in seeing that the estate of the Testator bee not wasted nor spoiled, but improued for the best advantage of the Children or Legatees of the Testator, ac- cording to the minde of the Testator, for theire and euery of theire vse, and by theire and every of theire allowance and approbation. But when any person dyeth Intestate, the said orderers of the affaires of the Towne shall cause an Inventory to bee taken, and then the publique Courte may graunt the Administracon of the goods and chatties to the next of kinn, jointly or seuerally, and devide the estate to wife (if any bee,) children or kindred, as in equity they shall see meett. And if no kindred bee found, the Courte to administer for the publique good of the Common: provided ther • Oct. lOth, 1639. p. 39, 40. 48 554 CODE OF LAWS. bee an Inventory registred, that if any of the kindred in future time appeare, they may haue justice and equity done vnto them. And all charges that the publique Courte or the orderers of the affaires of the Towne are at, about the trust committed to them, either for writing or otherwise, is to bee paid out of the estate.* Whereas allso. It was recomended by the Commissioners, that for [56*] the more free and speedy passage of Justice || in each Juriss- diction, to all the Confederates, If the last Will and Testament of any person bee duely prooued in, and duely certified from any one of the Colonyes, it bee without delay accepted and allowed in the rest of the Colonyes, vnless some just exception bee made against such will or the proouing of it, w""'' exception to bee forthwith duely certefied back to the Colony where the said Will was prooued, that some just course may bee taken to gather in and dispose the estate without delay or dammage. And allso that if any knowne planters or settled inhabitants dye Intestate, Administracon bee graunted by that Colony vnto w'^*' the deceased belong, though dying in another Colony. And the Administracon being duely certefied, to bee of force for the gathering in of the estate in the rest of the Colonyes, as in the case of Wills prooued, where no just exception is returned- But if any person possessed of an estate, who is neither planter nor setled inhabitant in any of the Colonyes, dye Intestate, the Admin- istracon (if just cause bee found to giue Administracon,) bee graunt- ed by that Colony where the person shall dye and departe this life, and that care bee taken by that Gouernement to gather in and se- cure the estate, vntill it bee demaunded and may bee deliuered ac- cording to rules of justice : — Which vppon due consideracon was confirmed by this Courte, in the behalfe of this Colonye, and or- dered to bee attended in all such occasions for the future : provided the Generall Courtes of the the other Colonyes yeild the like assent therevnto."}" SCHOOLES. It being one chiefe project of that old deluder Sathan, to keepe men from the knowledge of the Scriptures, as in former times keep- ing them in an vnknowne tongue, so in these latter times by per- swading them from the vse of Tongues, so that at least the true sence and meaning of the originall might bee clouded with false glosses of saint seeming deceiuers ; and that Learning may not bee •Oct. lOlll, 1639. p. 39. t Recommended by Comm'rs of the U, Colonies, Sept. 1648, and confirmed by the General Court, Mar. 14th, 1648-9. p. J 79. CODE OF LAWS. 555 buried in the Graue of o'' Forefathers, in Church and Common wealth, the Lord assisting our indeauors, — It is therfore ordered by this Courte and Authority thereof, that euery Towneshipp within this Jurissdiction, after the Lord hath increased them to the number of fifty houshoulders, shall then forthwith appoint one within theire [57*] Towne to teach || all such children as shall resorte to him, to write and read, whose wages shall bee paid either by the parents or masters of such children, or by the Inhabitants in generall by way of supplye, as the maior parte of those who order the prudentialls of the Towne shall appointe ; provided that those who send theire children bee not oppressed by more then they can haue them taught for in other Townes. And it is further ordered, that where any Towne shall increase to the number of one hundred families or housholders, they shall sett vp a Grammer Schoole, the masters thereof being able to instruct youths so farr as they may bee fitted for the Vniversity. And if any Towne neglect the performance hereof aboue one yeare, then euery such Towne shall pay fine pounds p"^ Annu, to the next such Schoole, till they shall performe this order. The propositions concerning the maintenance of Schollars at Cambridge, made by the Comissioners, is confirmed. And it is or- dered, that two men shall bee appointed in euery Towne, within this Jurissdiction, whoe shall demaund what euery familye will giue, and the same to bee gathered and brought into some roome, in March, and this to continue yearly as it shall bee considered by the Comissioners.* SECRETARY. It is ordered and decreed, that within twenty dayes after the sess- ion of euery Generall Courte, the Secretary thereof shall send forth Coppies of such Lawes and orders as are or shall bee made at either of them, w''*' are of generall concernement for the gouernement of this Commonwealth, to the Constables of each Towne within this Jurissdiction, for them to publish within .fourteene dayes more, at at some publique meeting in theire seuerall Townes, and cause to bee written into a Booke and kept for the vse of the Towne. And once euery yeare the Constables in each Towne shall read or cause to bee read in some publique meeting all the Capitall Lawes, and giue notice to all the Inhabitants where they may at any time see the rest of the Lawes and orders and acquaint themselues there- * Confirmed by the General Court, Oct. 25th, 1644. p. 112 ; Jfote. 556 CODE OF LAWS. with: And the Secretary of the Courte shall haue twelue pence for the Coppy of the orders of each Session aforesaid, from each of the Townes.* [58*] And it is further ordered that the Secretary of the Courte shall record such Wills and Inventoryes as are exhibited into the said Courte, and shall fyle the originall of them, and giue a Coppy thereof to such as desire it, for w'^'' hee shall haue for euery Record of any Will or Inventory, or both, w'^'' is aboue the sum of forty pounds, three shillings foure pence ; and for euery coppy of them or either of them, one shilling eight pence : And for euery search or supervising of them six pence : allso for recording of euery Will or Inventory, or both, w""" is aboue the sum of thirty pounds and vnder the sum of forty pounds, two shillings six pence ; and for euery coppy of them, or either of them, fifteene pence ; and for euery search or supervising of them foure pence : Allso for euerj^ Attachem', twelue pence, and for euery Bond or Recognis- cance in or about the same, six pence : Allso for euery Execution above fine pounds, the Secretary shall haue twelue pence, and for euery Execution vnder fine pounds, six pence : Allso for the entry of euery or any Recogniscance in Courte, six pence, and for the withdrawing of it twelue pence, w°'' shall bee paide before the boun- den bee freed from his said Recogniscance. It is allso ordered, that whosoeuer shall take out any Warrant from the Secretary of the Courte, that concernes an Action, shall, before hee hath a Warrant, enter his Action with the Secretary, and then take out his Warrant for summons to answer the same ; for w"*" they shall pay for euery entry twelue pence, and for euery War- rant, foure pence, though they agree with theire defend'^ before the Courte. Allso if any other Magistrate shall graunt a Warrant w'^'' concernes an Action, they shall enter the Action in a small Booke for that purpose, before they graunt the Warrant, and shall make a due returne at euery Courte to the Secretary thereof, what such Warrants and to whome they haue graunted ; and all such persons shall bee as lyable to pay twelue pence for euery such Action to the Secretary of the Courte as if they should liaue had theire Warrants of him. ST R A YE S . It is ordered by this Courte and Authority thereof, that Avhosoeuer shall take vp any straye beast or find any goods lost, whereof the owner is not knowne hee shall giue notice thereof to the Constable * Oct. lOth, 1C39 ; (p. 39 ;) amended. CODE OF LAWS. 557 of the same ToWne, within six dayes, whoe shall enter the same in a [59*] booke, and take order that it bee cryed || at theire next Lec- ture day or generall meeting, vppon three seuerall dayes, and if it bee aboue twenty shillings value, at the next Markitt, or two next Townes publique meetings, where no Markitt is within ten miles, vppon paine that the partye so finding and the said Constable hauing such notice and failing to doe as is here appointed, to forfeitt, either of them, for such default one thirde parte of the value of such straye or lost goods. And if the finder shall not give notice as aforesaid, within one month, or if hee keepe it more then three months, and shall not aprize it by sufficient men, and allso record it with the Register of the Towne where it is found, hee shall then forfeitt the full value thereof. And if the owner appeare within one yeare after such publi- cation hee shall haue restitution of the same or the value thereof, hee paying all necessary charges, and to the Constable for his care and paines, as one of the next Magistrates or one of the Townesmen shall adiudge; and if no owner appeare within the time prefixed, the said straye or lost goods shall bee thus devided, one fourth parte thereof with his reasonable charge shall bee to the finder, one fifth parte thereof or ten shillings to the Constable, at the choyce of the Courte, and the rest to the Common wealth ; provided there bee three streakes dipt in the haire of the neare buttock six inches long, that they may bee knowne. S W Y N E . It is ordered by this Courte, that all the swyne, either hoggs or •shoates, in the severall plantations that are kept at home within the Towne, shall by September next bee ringed or yoaked, or kept vp in theire yards "vnder the penalty of foure pence for euery such swyne, to bee paid by the owner to the party that shall take the swyne sodefectiue and impound them ; allso all such as are kept by heards in the woods, shall not bee suffered to abide aboue one nighte in the Towne, but that it shall bee lawfull to impouund them, in case they come at any time home from the middle of March to the middle of November. Fairefeild and Strattford desires to bee included in this order. For the better preserving Corne and meadow on the east side of the great Riuer, It is ordered by this Courte, that there shall no hoggs nor swyne of any sorte bee put ouer thither or kept there at [60*] any time, after the || publishing of this order, except they 48* 558 CODEOFLAWS. bee kept out of the bounds of the severall Towries or in theire yardes vnder the penalty of two shillings a head for euery hogg or swyne, for euery time they shall bee found there contrary to this order. TIMBER, It is ordered by this Courte, that no Timber shall bee felled with- in three myles of the mouth of Mattabeseck Riuer, nor at vnseason- able times, viz: from the beginning of Aprill to the end of Septem- ber, and that it bee improued into pipestaues or some other merchant- able comodity, within one month after the felling thereof, or carted together : and that the Timber so improued shall not bee transported from the Riuer but for discharge of debts or fetching in some neces- sary provision. T o B A CK o . Forasmuch as it is obserued that many abuses are crept in and comitted by frequent taking of Tobacko, It is ordered by the Au- thority of this Courte, that no person vnder the age of twenty yeares, nor any other that hath not allready accustomed himselfe to the vse thereof, shall take any Tobacko, vntill hee hath brought a certificate vnder the hands of some who are approued for knowledge and skill in phisick, that it is vsefuU for him, and allso that hee hath receiued a lycen&e from the Court for the same. And for the regulating of those whoe either by theire former taking it haue to theire owne aprehensions made it necessary to them, or vppon due advice are perswaded to the vse thereof. It is ordered, that no man within this Colonye, after the publication hereof, shall take any Tobacko pub- liquely in the street, high wayes, or any barne yards, or vppon train- ing dayes in any open places, vnder the penalty of six pence for each offence against this order in any the perticulars thereof, to bee paid without gainsaying vppon conviction, by the testimony of one wittness that is without just exception, before any one Magistrate. And the Constables in the severall Townes are required to make presentment to each perticular Courte of such as they doe vnder- stand and euict to bee transgressors of this order. [61*] TRESPASSES. It is ordered by tliis Courte and Authority thereof, that if any horse, or other beast, trespass in Corne or other Inclosure, being fenced in such sorte as secures against Cowes, oxen, small calues, CODE OF LAWS. 559 and such like orderly cattle, the party or parties trespassed shall procure two able men of good reports and creditt to veiw and ad- iudge the harmes, w'^'' the owner of the beast shall satisfie (when knowne,) vppon reasonable demaund, whether the beast were im- pounded or not ; but if the owner bee knowne and neare residing, as in the same Towne, or the like, notice shall bee left at the vsuall place of his aboad, of the Trespass, before an estimacon bee made there- of, to the end hee, or any others appointed by him, may bee present when the judgement is made ; the like notice allso shall bee left for for him of the damage charged vppon him, that if hee approue not thereof hee may repairs to the select Townsmen, or some of them, whoe shall in such case nominate and appoints two able and indif- ferent men, to reveiw and adiudge the said harmes, w"*" being dis- charged, together with the charge of the notice, former and latter veiw, and determination of dammages, the first judgement to bee void, or else to stand in laws. TREASURER. It is ordered, that the Treasurer shall deliver no mony out of his hands to any person, without the hands of two Magistrates, if the sum bee aboue twenty shillings ; if it bee vnder, then the Treasurer is to accept of the hand of one ; but if it bee for the payment of some bills to bee allowed, w'*" are referred to some Comittees to consider of, whether allowed or not, that such bills as they allowe and sett theire hands unto, the Treasurer shall accept and giue satisfaction.* V O AT E S . It is ordered by this Courte and dscresd, that if any person within these Libberties haue beene or shall bee fyned or whipped for any scandalous offence, hee shall not bee admitted after such time to haue any voats in Towne or Common wealth, nor to serus on the Jury vntill the Courte shall manifest theire satisfaction. VERDICTS. That loue and peace, with truth and righteousnes may continue and [62*] flourish in these confoederated Colonyes, || It was, vppon the rec- omendation of the Commissioners, ordered, that any Verdict or sentence of any Courte within the Colonyes, presented vnder authentique tes- timony, shall haue a due respect in the severall Courtes of this Ju- rissdiction, where there may bee occasion to make vss hereof, and •Jan. 14th, 1638-9. p. 26. 560 CODE OF LAWS. shall bee accounted good euidence for the partye, vntill better eui- dence or other just cause appeare to allter or make the same voide : And that in such case, the issueing of the cause in question bee res- pited for some convenient time, that the Courte may bee advised with where the verdict or sentence first passed. Provided notwith- standing, that this order shall bee accounted valid and improued onely for the advantage of such as Hue within some of the eonfceder- ated Colonyes; and where the verdicts in the Courts of this Colony may receiue reciprocall respect by a like order established by the Generall Courte of that Colonye.* VTYNE AND STRONG Vi^ A T E R . Whereas many complaints are brought into the Courte, by reason ofdiuerse abuses that fall out by severall persons that sell wyne and strong water, as well in vessells on the Riuer as allso in severall howses ; for the preventing hereof. It is now ordered by the Author- ity of this Courte, that no person or persons, after the publishing of this Order, shall neither sell Wyne nor strong water by retaile, in any place within these Libberties, without lycense from the perticu- lar Courte or any two Magistrates,"}" or where there is but one Magis- trate, by a Magistrate and one of those appointed to order the affaires of the Towne. WATCHES. It is ordered by this Courte and decreed, that there shall bee a suf- fitient Watch meinteined in euery Towne, and that the Constable of each Towne shall duely warne the same and see that the inhabitants or residents doe severally in theire turnes obserue the same, accord- ing as the inhabitants doe agree. :j: And this Courte doth explaine themselues and order that whosoeuer within this Jurissdiction, that is lyable to watch, shall take a journeye out of the Towne wherein hee liueth after hee hath had timely notice aud warninge to watch, hee shall provide a watchman for that turne, though himselfe bee absent ; and if any man that takes a journye, or goes out of the Towne wherein hee liueth, if hee returne home within a weeke after the Watch is past his howse, hee shall bee called back to watch that turne past a weeke before. § {63*] And for the better keeping Watches and Wards by the Con- * Approved by the General Court, Oct. 25th, 1644. p. 113. tFeb. 14th, 1643-4. p. 100. The clause which follows was added subsequently. 4 June, 1636. p. 2. § Sept. 1649. p. 196. CODE OF LAWS. 561 stables in time of peace, It is ordered by this Courte and Authority thereof, that euery Constable shall present to one of the next Magis- trates the name of euery person whoe shall vppon lawfuU warninge refuse or neglect to watch or warde, either in person or some other fitt for that service: And if, being convented, hee cannott giue a just exciise, such Magistrate shall graunt warrant to levye fiue shillings on euery such offender, for euery such default : the same to be im- ployed for the vse of the Watch of the same Towne. And it is the intent of the lawe that euery person of able body (not exempted by lawe,) or of estate to hire another, shall bee lyable to watch and warde, or to supply it by some other, when they shall bee therevnto required. And if there bee in the same howse diuerse such persons, whether sonnes, seruants or soiourners, they shall all bee compella- ble to watch as aforesaid. Provided that all such as keepe families at theire farmes, being remoate from any Towne, shall not bee com- pellable to send theire seruants or sonns from theire farmes to watch and warde in the Townes. wr o LU E s . Whereas great loss and dammage doth befall the Common wealth by reason of Wolues, w'** destroy great numbers of our Cattle, not- withstanding provision formerly made by this Courte for suppressing of them ; therfore, for the better incouragement of any to sett about a worke of so great concernement. It is ordered by this Courte and Authority thereof, that any person, either English or Indian, that shall kill any Wolfe or Wolues, within ten myles of any plantacon within this Jurissdiction, shall haue for euery Wolfe by him or them so killed, ten shillings paid out of the Treasury e of the Country : pro- vided, that due proofe bee made thereof vnto the plantacon next ad- ioyning where such wolfe or wolues were killed, and allso bring a certificate under some Magistrates hand, or the Constable of that place, vnto the Treasurer. WRECKS OF THE SEA. It is ordered and decreed and by this Courte declared, that if any shipps, or other vessells, bee it freind or enemye, shall suffer ship- wreck vppon o"" Coasts, there shall bee no violence or wrong offered to theire persons or goods, but theire persons shall bee harboured and releiued, and theire goods preserved in safety, till Authority may [64*] beecertefied and shall take further order therein. 562 CODE OF LAWS. VESSELLS. It is ordered by this Courte and Authority thereof, that no Vessell nor Boate shall haue libberty to goe from any Porte in any Towne within this Jurissdiction, before they haue entred with the Register or Recorder in each Towne what quantity of powder and shott they carry forth with them in theire said vessells, and shall take a Certifi- cate, vnder the said Registers or Recorders hand, of the same, paying to him for every Certificate, foure pence : And if any vessell shall attempt to goe from the said Towne or Porte, or Townes and Portes, before hee hath entred as aforesaid, or shall bee found with any more or greater quantity of powder and shott aboard the vessell or vessells then they had a Certificate to shew they had entred, shall forfeitt and pay for each default the true value of all such powder and shott as they should haue entred as aforesaid. And all such persons or Ma'"^ of such Vessells shall giue a true account, vppon theire returne, to the said Recorder where they have entred the prem- ises, how they haue disposed thereof, vppon the former penalty : And if the said Towne Register or Recorder shall haue just cause to conceiue that hee or they carry forth more of the premises then in an ordinary way is requisitt for theire necessary defence and safety in theire intended voyage, then the said persons or Ma"' of Vessells shall giue in security vnto the said Recorder, (if by him required therevnto,) that hee shall giue a due account to this Commonwealth of the same, vppon his returne. FORREIGNERS. It is ordered by this Courte, that no Foreigners, after the twenty ninth day of September next shall retaile any goods by themselues in any place within this Jurissdiction, nor shall any Inhabitant retayle any goods w"'' belongs to any Forreigner, for the space of one whole yeare after the said twenty ninth of September next, vppon penalty of confisscation of the value of one halfe of the goods so retailed, to bee paid by the seller of them. [65*] HOME LOTTS. Whereas there is creeping in, in severall Townes and plantations within this Jurissdiction, a great abuse of buying and purchasing Home Lotts and laying them together, by meanes whereof great de- populations are like to follow. It is ordered that all dwelling or man- sion howses that are or shall bee allowed in any plantation or Towne within this Jurissdiction, shall bee vpheld, repaired and meinteined CODE OP LAWS. 563 sufficiently in a comely way : As allso, whosoeuer shall possess and inioye any homelotts within any such plantation or Towne, that is not yet built vppon, shall, within twelue months after the making of this order, erect and build a howse there, fitt for an inhabitant to dwell in, vnless the Courte, vppon knowledge of the case, finde cause to abate, or giue longer time for building. It is ordered, that the prises of Corne for the yeare ensuing, for all Country Rates, (except where ingagements to the contrary are ex- pressed,) shall bee as followeth : Wheat, foure shillings six pence p"^ bush: Pease, three shillings six pence p"" bush: Rye, three shillings six pence p' bush: Indian, three shillings p"" bush: And that there shall bee libberty for all men to pay one thirde parte of such Rates, in good Wampum. Office of Secretary of State. J Ijerebu CCl'tifo, that I have caused the printed matter contained in the foregoing pages of this volume, to be diligently compared with the original Records of the Colony of Connecti- cut, prior to its union with New Haven ; and that I find the same to be (except where otherwise indicated and expressed,) a true, full, and literal copy of the said Records. 3n testimony toljcrrof, I have hereunto set my hand L. S. and affixed the Seal of the said State, at Hartford, this 29th day of January, A. D. 1850. ROGER H. MILLS, Secretary of State. APPENDIX. No. I. (p. 68.) LETTER FROM SIR WILLIAM BOSWELL, RELATING TO THE ENCROACH- MENTS OF THE DUTCH. [In 'Colonial Boundaries,' Vol. II. Doc. No. ].] Haghe, 22 Jan: 164^, st. vet. Worthy Docf Wright, You cannot but imagine of how small effect any instructions [to me] or motions of myne heer are like to be, vntil our aff "^^^ shalbe bet- ter settled at home ; yet is it vnfit wee should forbeare to keep any right wee haue on foot, or to set forth in due manner to the States th' encrochem' of their West-Ind" Comp"^, (vnder whose wing the traders vpon Conecticut & Planters in New Netherl'', if any be, doe sheltre themselues,) vpon his Mat"" sub'ts th''abouts. VVherfor my aduise (the best I can offre for present,) is, — 1. That the Parties interessed, (by whom the Mem'" enclosed hath been drawne) procure some Declaracon or Act, from the Par- lem', at least from the Howse of Commons, or their Comittee for these buisinesses ; wherby it may appeare, that they take notice & care of our people & plantacons in those p''ts. 2. That they procure lettres likewise, from the Lords of the Con"" vnto mee, w"" this Mem"" or the like enclosed, requiring mee to represent the same, in whoUe or p't, as I shall see requisit, to the States G'rall, & West-India Comp"^, or others, whom I shall think propre. As also, to doe what else I shall iudge necessary, for atteyning the end, & quiett correspond" between the English & Dutch desired : And to make report. 3. They acquaint the States Amb'' in London with the summe of these I'res, Mem''", & Act. And to make him sensible of the incon- ueniences & harmes w'''' may & certainly will befall the West India Comp"*', &c., if any quarrells should arise & spread from those quar- ters. This to be done by p''sons of qu[ality.] 4. That in the mean tyirie, th' English there doe not forbeare to put forward their plantacons, and crowd on, crowding the Dutch out of those places where they haue [occupied,] but without hostility or any act of violence. I will not doubt but they are so wise as to stand vp, on their guard, with sufficient caution, and force to resist any suddaine attempt by frends or foes vpon them. 49 566 APPENDIX. I shall heartily contribute the best of my powre vnto their & your content ; praying you to pardon mee for not answering yo"" I're sooner, hauing indeed hoped to haue learned something more to pur- pose, by the time I haue taken, I rest Yo'' assured ould frend & seru', Willm Boswell. Dr. Laur" Wright &c. At Chartrehowse. For yourself. [Sir William Boswell, was at this time English ambassador to the States General. How this letter found its way to the Colonial files, does not appear. It is probable, however, that the ' Memorial' to which it refers, was one drawn by Gov. Hopkins, (at that time in England,) and transmitted through the agency of his friend. Dr. Wright, to the English ambassador; and that the letter itself (indicating a course of policy which seems to have been closely adhered to by the Colony, in their subsequent dealings with the Dutch.) was brought to Connecticut, by Gov. Hop- kins, on his return, some months afterward. The Dr. Wright to whom it is addressed, is proba- bly the same to whom -Mr. Hopkins, in his will, bequeathed a piece of plate of the value of jC20, desiring " his honored friend Dr. Wright, to whom he owed much more than that, being much engaged, to accept it only as a testimony of his respect."] No. II. (p. 112.) A COPPIE OF Y^ COMBYNATION OF SOUTHAMPTON w"' HARFOFlD. [From ' Towns & Lands,' Vol. I. Doc. No, 7.] Whereas formerly sume Ouerturs haue by letters paste betwixt sum deputed by the Jurissdiction of Conectecote and others of y' plantation of Southampton vpon Long Hand, concerning vnion into one boddy and gouernment, wherby y^ said Towne might be in- terested in y^ general combination of y" vnited CoUonies, for prosse- cution and issuing wherof, Edward Hopkins & John Haines being authorised w"' power from y' Generall Corte for y" Jurisdiction of Conecticute,