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YALE UNIVERSITY LIBRARY

FORMED BY
James Abraham Hillhouse, BA. 1749
James Hillhouse, BA. 1773
James Abraham Hillhouse, BA. 1808
James Hillhouse, BA. 1875
Removed 1942 from the
Manor Bouse in Sachem's Wood
GIFT OF
GEORGE DUDLEY SEYMOUR,

RECORDS

OP THE

COLOIY OR JURISDICTION

OF

NEW HAVEN,
PROM MAT, 1653, TO THE UNION.
TOGETHER "WITH THE
NEW HAVEN CODE OP 1656.
TRANSCRIBED AND EDITED IN ACCORDANCE WITH A RESOLUTION
OF THE GENERAL ASSEMBLY OF CONNECTICUT.

By CHARLES J. H0ADLY, M. A.
State Librarian, Member of the Conn. Hist. Soc.

HARTFORD:
PRINTED BY CASE, LOOKWOOD AND COMPANY.
1858.

At a General Assembly of the State of Connecticut, holden at New
Haven in said State, on the first Wednesday of May, in the year of
our Lord one thousand eight hundred and fifty-six:
Resolved, That the secretary be authorized to purchase for the use of the state, two
hundred and fifty copies of the proposed publication of the Kecords of the Colony of
New Haven, prior to the union with Connecticut, transcribed and edited by Charles
J. Hoadly, Esq. Provided, that such publication shall be authenticated by the official
certificate of the secretary, as a true copy of the original record ; and provided also,
that the expens3 of the same shall not exceed two dollars and fifty cents per volume.
Resolved, That the copies so purchased be distributed as follows ; one copy to the
town clerk of each town in this state, to be preserved in his office for the use of the
to^i rone copy to the governor, and to each of the state officers of this State ; one
co \^j the gover..ir of each of the several states and territories of the United States,
tc •r deposited in heir several state libraries ; one copy to the library of congress ;
one copy to the Srrithsonian Institute ; one copy to each of the colleges of this state ;
twenty-five copies ti Mr. Alexander Vattemare for international exchange ; and the
remainder of the safd two hundred and fifty copies to be deposited in the office of the
secretary, subject to the disposal of the general assembly.

PREFACE.

The present volume comprises all the Records of the Jurisdiction
of New Haven now known to exist, except the few entries in the
' Records of the Colony and Plantation of New Haven,' printed in 1857.
In the Introduction to the work just mentioned, it was stated that
the volume of Records of which this is in immediate continuation, had
many years ago disappeared ; so long since, indeed, that no writer on
Connecticut or New England history seems to have had an opportu
nity to consult it. Reference is made in this book to two places in the
missing volume, one as fo: 176, said to contain records of the date of
May 30th, 1649, the other, fo: 303, containing some of the date of
May 29th, 1651. The Records of the Town of New Haven, prior to
the Union, are unbroken in their series, and it is from them, together
with those of the other towns in combination, that the history of New
Haven Jurisdiction from 1644 to 1653 is mainly to be gleaned.
The same care has been used to render the text strictly correct and _
reliable as in the previous volume. f ;.
The editor has taken the Jiberty to v^;;f a few- passages, indicated
in notes, ^ontaihlhg details of evidence in some criminal cases, for
which he trusts no apology is needed.
Several documents from the Files of the State have been inserted
in their chronological order in the text. This Seemed to the editor
better than to throw them into an appendix. They are printed in a
smaller type, and the places noted where the originals may be found.
The New Haven Laws are here given from the original printed
copy belonging to the Library of the American Antiquarian Society
at Worcester, Massachusetts, which has been very kindly loaned for
that .purpose. That copy is in excellent preservation, and, having his
name written upon the title page, with the date 1656, is supposed to
have belonged to John Davenport himself. As the book is of great
rarity, and perhaps unique, a more particular description is added :
it is a small quarto of eighty pages, though at signature G there is a
break in the paging, none being numbered 47 or 48 — it is printed
with type of about the size generally used in the body of this volume, —
it has no running title,— the breadth of the page, exclusive of the

IV PEEFAOE.
marginal notes, is the same with that of this work, and its length six
inches. A fair transcript of these laws is now in the Secretary's office,
which was made by Mr. Baldwin, then librarian of the American
Antiquarian Society, at the request of the General Assembly in 1834.
The laws contained in this code were passed at various times, and
perhaps collected and digested about 1648 or 1649, though revised
and in some degree altered in 1655, upon the perusal by Governor
Eaton of the 'New booke of lawes in ye Massachusets colony,' and
the ' Small booke of lawes newly come from England, wch is said to be
Mr. Cottons.' Of the latter the full title is given in the note,* and
an idea of its contents may be obtained by consulting Hutchinson's
Coll. 161, and 1, Mass. Hist. Coll. v. 173. Dr. Trumbull, Hist. Conn.
p. 235, edit. 1797, appears to have confounded it with another work
attributed to Cotton,f but with reason thought to be by Davenport.
The editor acknowledges renewed obligations to those gentlemen
who have rendered him assistance in various ways, in particular to
Hon. Francis DeWitt, late Secretary of the Commonwealth of Mas
sachusetts, and to Mr. David Pulsifer, of Boston, for copies of docu
ments from the files of that State, to Samuel F. Haven, Esq. of Wor
cester, Mass., to Henry White, Esq. and others of New Haven, Ralph
D. Smith, Esq. of Guilford, and to several friends in this city.
^¦¦^ififul for the favor with which his former volume was received,
the editor benWw that the one flw^vm to the public will be found
of much greater interest and importanceT^rit^sikUl ^^JL;i\kire"to~
foster a taste for the study of the original materials for our history, he
will feel that his labor has not been lost.
State Library, Hartford, C. J. H.
May 3, 1858.

* An Abstract of Laws and Government. Wherein as in a Mirrour may be seen
the wisdome & perfection of the Government of Christs Kingdome. Accomodable to
any State or form of Government in the world, that is not Antichristian or Tyranni-
caU. Collected and digested into the ensuing Method, by that Godly, Grave and
Judicious Divine, Mr. John Cotton, of Boston, in New-England, in his Life-time, and
presented to the general! Court of the Massachusets. And now published after his
death, by Wzlham Aspinwall. Isa. 33. 22. Jehovah is our Judge, Jehovah is our Law
giver, Jehovah %s our King, he will save us. London, printed by M. S. for Livewel
Chapman ; and are to be sold at the Crown in Popes-head Alley, 1655-SmaU ito.
pp. 35, with title and preface 8, and analysis and errata 2
t A Discourse about civil government in a new plantation whose design is religion.
Written many years since by that Reverend and worthy minister of the gospel, John
Cotton B. D And now published by some undertakers of a new plantation, for
general direction and information. Cambridge, printed by Samuel Green and Mar-
maduke Johnson, 1673,-Small 4to. pp. 24. Bacon's Hist. Disc. 289

REOOKDS

OF THE

JURISDICTION OF NEW HAYEN,

[In the handwriting of Francis Newman.]

[1] At a court of election held at Newhauen for the
Jurisdiction the 25th of May, 1653.
Theophilus Eaton, Bsqr, was chosen Gouernor.
Mr. Stephen Goodyeare was chosen Deputie Gouernor.
Francis Newman was chosen Magistrate for Newhauen.
MV STstw°oIde,r' ! chosen MaSistrats for Millford-
Mr. William Leete was chosen Magistrate for Guilford.
Theophilus Eaton Baqj, j Emission's.
and Capt. Jn° Astwood, J
Mr. Leete is chosen a third man, and Mr. Goodyeefe a
fourth, in case any of the other or both should not be able to
attend the service.
Mr. Joshua Atwater is chosen Treasurer.
Francis Newman is chosen Secretarie.
Thomas Kimberly is chosen Marshall.
All chosen for the yeare ensuing and till new be chosen.
1

2 records of the [1653
At a Generall Court held at Newhauen, for the Juris
diction, the 25th of Mat, 1653. Present,
Mr. Stephen Goodyear, Dept' Gou\
Francis Newman,
Mr. William Fowler, Magistrals.
Mr. William Leete,
Mr. Gibbard, j D , for Newhayen.
Henry Lindon, ) r
William Chittenden, ) - n .,„ , I All wch came wlh
M'. Thomas Jorden, } lor ^ulltora- f due cirtificats
Jasper Cgme, | f Bran[U.ord
bamuell bwaine, )
First the deputies prsented cirtifycats of their being chosen.
to this trust by the free-men in each plantation ; none from
South hold being present at this time, wherefore the court
ordered that those deputies wch were appointed for carying on
civill affaires at South hold the last yeere are continewed still
in ye same trust till further order from this court."
The Court was informed that the free-men of Stamford desire
a constable may be chosen to cary on the publique occasions
in their towne, and they haue pitched vpon Richard Law if
[2] [the] || court see cause to confirme it, wch the court now
did, and comitt the same power to him as Francis Bell had the
last yeare, and becaus this yeare is like to proue verey trouble
some and many occasions may present, therefore the court
orders that another man be chosen by the free-men there as a
marshall, wch shall be helpfull and assistant to him in pub
lique buisnes as he shall appointe.
It is ordered that twelue horses shall be kept in the fiue
townes in this jurisdiction that are vpon the maine, vizd : foure
at Newhaven, two at Millford, two at Guilford, two at Stam
ford & two at Brandford ; w*h sufficient furniture for trauell

will.

#lnmargm, " Southold, the freemen to chuse ano[ther]in Liv: Buds roomeif thev
ill" y

1653] JURISDICTION OF NEW HAVEN. 3
and to bee allwayes in a readines as the publique occasions of
the cuntry may require ; and for the hire of the horses, the
owner shall haue from Newhaven to Connecticote tenn shil
lings, from Millford to Stamford ten shillings, from Newhauen
to Millford two shillings eight pence, or foure pence a mile,
according as it is vsually accounted. The charge of keeping
the horses is left to euery towne to consider ; the hazard of the
horse to be vpon the owner, but the charge of hiring men,
whether messengers or others, to bring horses backe againe,
to bee at the publique charge, as the authority of the place
from whence they are sent shall agree w'h them.
The Court considering how vsefull horses may be for service
in warr if wee should haue occasion, and how few there is left
in the jurisdiction weh are at present capeable of being made
fitt for that imployment, thought good to order, that no horses
be sold or sent out of this jurisdiction w'hout license from
those psons and vnder such penaltie as it is ordered in case of
other cattell.
The Deputies that were chosen to cary on civill affaires at
Brandford the last yeare are againe now chosen and appointed
to the same trust and service for the yeare ensuing, and haue
the same power and authority coniitted to them as they then
had. The Court considering and seing by experience that in these
troublesome times sundrie occasions come suddenly in wch
requires the attendance of some wch may act in them as they
shall conceive best for the publique good & safety, and the
court being vnwilling to continew all here together for that
purpose, did appointe Mr. Goodyere, Mr. Leete, Francis New
man, Mr. Gibbard, Benjamin Fenn & M. Crane, as a comittee,
to whom they giue as full power to act in any sudden buisnes
that may fall out, (so as they shall judg may bee for the good
of ye jurisdiction,) as if they themselues were prsent & acted
in it.

RECORDS of the

[1653

1 )
' \ Newhaven.
on, J

[3] At a Generall Court held at Newhauen for the
Jurisdiction the 29th of June, 1653.
Present,
Magistrats.
Theophilus Eaton, Esqr, Gou. )
Mr. Stephen Goodyear, Dept. Gou. V Newhaven.
Francis Newman, Magistrat, )
Capt. John Astwood, Mag: for Millford.
Mr. William Leete, Mag: for Guilford.
Deputies.
Mr. Gibbard,
Henry Lindon,
Benjamm Fenn, J ^ a_
Robert Treate, \
Mr. William Chittendine, j Qu^for(j
Mr. Thomas Jordan, j
sssf bs:' i »-*¦*-
William Purrier, J
Samuell Swaine, \
The Gouernor acquainted the court w'h what was done at
the coffiission last at Boston, concerning the warr propounded
against the Duch, and pticularly w'h an interpretation of the
Generll Court of the Massachusets of the Articles of Confede
ration, wherein they declare that the coffiissionrs haue not
power to act so farr in matters of that nature as to make an
offencive warr; these wrightings were read, and the interpret
ation was much disliked by the court, knowing that if it stood,
the combination of the Colonies must be broken or made
vseles, The Gouernor also acquainted the court wlh a late confer
ence wch himselfe, Capt' Astwood and Mr. Leete hath had
w'h the magistrats and generall court of Connecticote Juris
diction, and that they haue agreed to send the minde of both
the generall courts to the Massachusets concerning that inter
pretation, (that from this colony the court desired the gouerno'
to drawe vp, wch is hereafter entered,) and also againe to de-

1653] jurisdiction of new haven. 5
sire aide and assistance from them in this vndertakeing against
the Duch, according as the comissionrs had agreed, that is fiue
hundered men from all the colonies, w'h suitable pvsions for
such a designe, but if that be not yeilded, that then they would
give leaue that we vse some meanes whereby volunteeres may
be procured out of their colonie, w'h shipping, victualls and
amunition fitt for that service. And the better to further and
accomplish it, it is agreed that foure psons shall be sent as
agents or comissionrs from the two generall courts, that is,
two from Connecticote and two from hence. Wherefore the
court did now chuse and appointe Mr. William Leete, one of
the magistrats of this jurisdiction, and Mr. Thomas Jordan,
one of the deputies for the generall court for Guilford, for this
service, who are to haue comission and instructions from this
court to authorise and direct them to act and negotiate in this
buisnes, and to give the comissionrs a call to sitt here at New
haven the first or second Thursday in August next, wch an
swer to the Massachusets declaration* and the comissions and
instructions are as followeth,
The answer of this Generall Court to ye Massachusets declar
ation.
Vpon information of a question propounded by the honnored
Generall Court of the Massachusets, concerning the power
of the comissionrs to determine the justice of an offensive
warr and the answer of the comittee therevnto.
This court hath considered and compared the Articles of
Confederation and the interpretation together, and desire they
[4] || may w'hout offence express their thoughts and appre
hensions in ye case.
The confederation betwixt the colonies was no rash & sud
den ingagem', it had bine severall yeares vnder consideration.
In anno 1638 there was a meeting at Cambridg aboute it, but
some things being then propounded inconvenient for the lesser
colonies, that conferrence ended w'hout fruit, and the foure
jurisdictions, though knitt together in affections, stood in
refferrence one to another loose and free from any express

*In margin, " W°h declaration is recorded in y acts of y« comiasion's of ye Coll.
May, 53."

6 records of the [1653
couenant or combination, till vpon a new invitation and prop
ositions from the Massachusets, another meeting was appoint
ed at Boston, in May, 1643 ; so that magistrts, deputies and
free-men, especially those of the Massachusets, had aboute fiue
yeares time to consider what they were aboute, the compass
and consequences of such a consociation, and probably did im-
proue it, and saw cause to renew the treaty so long suspended.
2. After a large & serious debate of the comittee chosen
and impowered by the seuerall jurisdictions, (the Generall
for ye Massachusts then sitting at Boston, and being ac
quainted and from time to time advised w'h concerning all
and every article treated of,) the 19th of May, 1643, a firme
agreement was made & concluded, wherein the other jurisdic
tions by their deputies, the Massachusetts, both by their depu
ties and by the generall court, considering that wee were all
of one nation and religion, and all of vs came into these pts of
America w'h one and the same end and aime, and (could it
have bine done w'h conveniency) had communicated in one
gouerment and jurisdiction, thought it their bounden duty
w'hout further delay to enter into such a present consociation
as whereby the foure jurisdictions might be and continew one,
according to the tennour and true meaning of the Articles of
. Agreement, and that thencforth they all be, and be called by
the name of the Vnited Colonies of New England.
3. Though all the plantations wch allready arc or hereafter
may be duely setled w'hin the limits of each of these foure
colonies are to be and for euer to remaine vnder the gouer
ment of the same, and each colony to haue peculiar jurisdic
tion w'hin itselfe as an intire body, as expressed in the 3d and
6th Articles, yet till now that was neuer vnderstood to cross or
abate the power of the comissionrs in things proper to the con
federation. The colonies vniting did for themselues and their
posterities enter into a perpetuall league of frendshipp and
amity, for offence and defence, mutuall advice and succour
vpon all just occasions for the joynt safety and wellfare, as in
the second Article. The charge of all just warrs, whether
offensive or defencive to be borne by the foure colonies in their
severall pportions, & the advantage of all such warrs, (if God

1653] jurisdiction of new haven. 7
give a blessinge,) to be accordingly devjded, as in the 4th Ar
ticle ; and for the managing and concludeing all such affaires,
by express agreement, eight comissionrs are to be chosen, (all
in church fellowship, and all to bring full power from their
severall generall courts,) namely two by and out of each colo
ny, to heare and examine, weigh and determine, all affaires of
warr and peace, leagues, aides, charges and numbers of men
for warr, devision of spoyles or whateuer is gotten by conquest,
receiving of more confederats or plantations into combination
w'h any of these confederats, and all things of like nature wch
[5] are the proper concomitants or || consequents of such a
confederation, for amity, offence or defence ; and if these eight
coniissionrs when they meete agree not, any six of them agree
ing haue power to setle and determin the buisnes in question,
but if six doe not agree, then such propositions w'h their rea
sons to be sent and referred to the foure generall courts, &c,
as in the 6th Article. They were also to indeavor to fram and
establish agreements and orders in generall cases of a civill
nature, wherein the plantations are interessed, for pr serving
peace amonge themselues and preventing (as much as may
be) all occasions of warr or differences w'h others, as aboute
the speedy passage of justice in each jurisdiction to all the
confederats equally as to their owne, &c, as' more largely ap-
peares in ye 8th Article, so that certainly and w'hout question
these foure colonies haue by a perpetuall covenant invested
the comissionrs w'h power suiting such a confederation, and
w'hout it the cobination must either breake or prove vseles.
4. As questions and scruples may arise and growe about
the justice of an offensive warr, so conscience may be exercised
in a defensive warr and concerning leagues and aides. Jehos-
aphat the king of Judah sinned and was rebuked by two
prophets, Jehu & Eliezer, for joyning w'h and helping Ahab
& Ahaziah, kings of Israel. If therefore the generall court
for the Massachusts doe now conceive and interpret that the
power giuen to the commissionrs (men of the same nation, of
the same religion, members of approued churches, who came
into these pts for the same ends and spiritual! aimes, and who
had comunicated in one and the same gouerment & jurisdic-

RECORDS OF THE

[1653

tion, had not distance of place hindered,) in an offensive
warr is a contradiction and absurdity in policy, a scandall to
religion, a violation of fundamentall law, a bondage and pros
tituting itselfe to strangers, &c, they may at their next meet
ing, vpon the same or like grounds conclud against leagues,
aides, a defensiue warr & other pts of trust and power where-
w'h the comissionrs by the Articles are invested, and the three
other colonies, or the generall court for any one of them, may
doe the like, but wee feare in so doeing wee shall draw guilt
vpon ourselues in violateing a perpetuall league, so deliberatly
and firmely made, be covenant breakers and provoake God
against vs.
5. It may be considered when a just warr in ordinary cases
may be called offensive or vindictive. When God gaue the
land of Canaan, their citties, vineyards, <fec, vnto the chilldren
of Israel, Israel was the staffe or sword in Gods hand by his
appointement to punish a rebellious people, the measure of
whose sinns was then full, but ordinarily and in refferrence to
men, lawfull warrs are to defend, recover, secure or get satis
faction, in case of just possessions or rights injuriously invaded,
seized or indangered by others, w'h respect to persons, estates
or honors, when other meanes will not serve ; such a warr was
Davids against the chilldren of Ammon, 2 Sam: 10, and such
wee conceive was the late warr of England against Scotland,
and their prsent warr against the Duch.
6. Such leagues and confederations haue bine made and
continewed amonge other people and provinces, some in a
subordination, some in a consociation, vpon some seuerall
[6] articles and covenants || wherein power ,hath bine granted,
and yet customs, priviledges and parts of gouerment reserved
for the safety of the whole and conveniency of the parts, as
may appeare in the different agreements and setlements of the
Netherland Provinces, and the confederation of the cantons of
the Switzers, <frc.
7. Wee know of no fundamentall law of these colonies vio
lated or impared by the Articles of Confederation, as, (till now
wee conceive,) they haue bine clearly and fully vnderstood by
the whole comittee and by the generall court of the Massa-

1653} jurisdiction of new haven. 9
chusets, whose heads and hands were in the contriving and
frameing of them, nor is there any such deligateing of others,
especially of strangers, as is intimated. The freemen of the
colonies generally, choose their owne respective comissionrs,
such as in whom they may confide, and accordingly they are
invested w'h power according to the combination covenant,
and for these ten yeares wee haue found the blessing of God
vpon our vniting, and his presence and assistance vpon the
meetings and conclusions of the comissionrs.
8. According to the intent of the colonies and contrivers of
the confederation, hath bine the practise in all former times.
The comissionrs haue mett and treated w'h power onely limit
ed to the Articles. The Indians, French and Duch haue had
recourse to them in all matters of warr, leagues, aides, &c.
from time to time; but this most clcerly appeares in anno
1645, when the meeting was at Boston, and the generall court
for the Massachusets had some agitations w'h the commis-
sionrs aboute an offensive warr w'h the Narraganset Indians,
if ye warr now propounded against the Duch may be called
offensive, the generall court would haue sent a comission after
the soldiors gon from Boston but not yet out of the jurisdic
tion, conceiveing that if otherwise any blood should bee shed,
the actors might be called to account for it. It was answered
that though it did belonge to the authority of the severall
jurisdictions (after the warr and number of men was agreed
by the comissionrs,) to raise the men & pvide meanes to cary
it on, yet the proceeding of the comissionrs, and the comission
given, was as sufficient as if it had bine done by ye Gen:
Court, for, first, it was a case of such vrgent necessitie as
could not stay the calling of a court or counsell.
2. In the Articles of Cofederation, power is, giuen to the
comissionrs to consult, order and determine all affaires of
warr, and the word (determine) comprehends all acts of au
thority belonging thereto.
3. The Coniissionrs are the sole judges of the necessity of ye
expedition. 4. The Generall Court haue made their comissionrs their
sole counsell for these affaires.
2

10 RECORDS OF THE [1653
5. Their counseles could not haue had their due effect ex
cept they had power to proceede in this case as they haue
done, wch were to make the coniissionrs power, and the maine
end of their confederation to be frustrate, and that meerely
for observeing a ceremony.
6. The comissionrs haueing had the sole power to mannage
the warr for number of men, time, place, &c, they onely know
their owne counsells and determinations, and therefore none
can grant coniissions to act according to these but themselues.
7. To send a new comission after them or any confirmation
of that wch they haue, would cast blame vpon the comissionrs
and weaken their power, as if they had proceeded vnwarrant-
ably. After much time spent in such agitations, the generall court
for the Massachusets allowed the proceedings of the comis-
[7] sionrs for || the matter, and further agreed that it did
belong to the commissionrs onely to appointe one to haue
command in cheife ouer all ye forces sent from the severall
colonies. 9. In the vniting of these colonies it was agreed & cove
nanted that if any of the confederats shall hereafter breake any
of these prsent Articles, or be any other way injurious to any
one of the other jurisdictions, such breach of agreement or
injury shall be duely considered and ordered by the comis-
sionrs for the other jurisdictions, that both peace and this pres
ent confederation may be intirely preserved w'hout violation,
as in the 11th Article. And it is a rule in law concerning
legalists, that all expressions & sentences, though of a doubt-
full construction, be vnderstood for the confirming of them as
farr as rationally may be. Then certainly in confederations
and covenants, blood may not be drawne out by forced inter
pretations contrary to cleare words, sentences, the scope and
purpose of all the Articles, and to the practise of all times
since, to nullify or infringe them.
10. The premises considered, we conceive the interpretation
made by the comittee & approved both by the magistrats "and
deputies of the Generall Court for the Massachusets, appar
ently tends to the breaking of the league of confederation be-

1653] JURISDICTION OF NEW HAVEN. 11
twixt the colonies, and though by an order of June the 3d,
1653, they declare they haue no such intention, that satisfyes
no more then if a man maimed and made for euer vseles
should be told his life for a time should be spared. This col
ony conceiveth (and is accordingly affected,) that it had bine
much better for them neuer to haue combined. They are
more exposed to enemies and dangers now then before, while
that interpretation stands in force at the Massachusets. The
comissionrs from thence are like to be sent w'h a limited
comission, and no fruit can be expected from such a meeting;
all they can doe is to looke vp to him to whom all the shields
of the earth belong, and ye second place to seeke advice and
help elsewhere.
The comission and instructions of Mr. William Leete, one of
ye magistrats for Newhaven Jurisdiction, and Mr. Thomas
Jorden, one of the deputies for the Generall Court of the
same Jurist', joyned to two agents or comissionrs of Con-
necticote, sent as a comittee to treat w'h the honorable
colonie of the Massachusts, as herevnder is more pticularly
exprest. Whereas as all the confederated colonies, but especially these
two smaller and more westerly jurisdictions, are in imminent
danger of an invasion or warr, both from the Duch, (if once
they be strengthed w'h forces, either from the Netherlands or
elsewhere,) and from the Indians hired and ingaged by the
Duch, (as by much Indian testimony is proved,) to cut of the
English, not onely of Hempsted, Midleburrow, &c, w'hin the
Duch lymits, who are threatened and exposed to ruine, for
their faithfullnes to the English nation and their cuntry men
in these parts, but the plantations w'hin the Vnited Colonies.
Yow are to treate w'h the Gouernor, Counsell, Comission's
and Generall Court of the Massachusets, or any of them, as
you finde or may procure opptunity. That for the honor of
the English nation, the peace and safety of the English in all
this pt of America, by warr if no other meanes will serve, the
Duch at and aboute the Manhatoes, who haue bine, and still
are like to prove, injurious and dangerous neighbours, may be
[8] removed, and that (according to the || coffiissionrs late

12 < RECORDS OF THE [1653
agreement at Boston,) five hundered men may be speedily
raised out of the foure colonies in proportion then setled and
w'hout delay imployed in this publique service.
But if the Gouernor, Counsell, Comissionrs, Generall Court,
&c, as aboue, thinke fitt to increase that number, (the Duch
being now more strongly fortifyed,) or vpon other considera
tions much importing the wellfare of the whole confederation
in these times of exercise, these two colonies of Connecticote
and Newhaven doe joyntly desire that w'hout offence three
magistrats of this jurisdiction may give a call (according to
the 5th Article in ye Confederation,) to the commissionrs to
meete at Newhaven the 4th or 11th day of August next, all
invested w'h full power -from their severall jurisdictions, ac
cording to the Articles of Confederation, w'hout any other
lymits then haue heitherto bine vsed.
The Generall Court haue also (as you know) pvsed and
considered the interpretation of the Articles of Confederation
made by a comittee at Boston and approved both by magistrats
and deputies of ye Massachusts Generall Court, and by way
of answer, doe now returne their apprehensions inclosed in a
letter to the Gouernor, Dept' Gouerno1 and Comissionrs of
that Colonie, wch wee herew'h deliuer to you, and you are to
present to the Gouernor, &c, that if God bless our and yor
indeavours, the late interpretation may be recalled & the con
federation setled according to the first intendment and the
progress it hath had in the hands of the comissionrs heitherto
w'h a blessing. Wee comend you to him who can prosper
both yor trauell and occasions, and rest.
By the Generll Court for Newhaven Colonie
the 29th June, 1653, $- Francis Newman, Secret'.
Further instructions for Mr. Leete and Mr. Jorden, if they
cannot prevayle in the former ppositions.
You are to propound and desire from the Gouernor &c.
libberty to strike vp a drum, or in some other way to treate
for the raysing of volunteeres to assist these two colonies in an
expidition for their safety, and if leaue be granted, (for wee
would give no offence,) you may speake w'h such millitary

1653] JURISDICTION OF NEW HAVEN. 13
officers in whom you may confide, for the better furtherance
of the worke. By the Gener11 Court, for Newhauen Colony,
the 29"1 June, 1653, f Francis Newman, Secret.
Further instructions for Mr. William Leete and Mr. Thomas
Jorden, if they cannot prevayle in ye former propositions.
1. For the number they may be two, three, or foure hundred
men, pvided that such agreements and conclusions may be
firmely setled in wrighting, that these two colonies may w'h
conveniency send such a proportion of men as they may spare,
that they may haue at least an equall share, both in power to
order and command in all affaires, and in the success and ad
vantage of the buisnes in all respects, if God giue a blessing ;
but herein they that by agreement stay w'h the stuff, or be
ordered as a reserve or an auxiliary army, to guard ye planta
tions or to watch against any invasions or assaults of ye In
dians vpon the plantations, to be reckoned as pt of our number
[9] || and to share equally w'h the rest ; and herein due con
sideration be had of shipping for the service, what great gunns
will be necessary, w'h suitable pvision, w'h victualls, &o. ;
and you will warily consider the quallity and disposition of the
men w'h whom you treate & their company they are like to
bring, that they be such as w'h whom wee may joyne in the
same way, both of church administratios and civill gouerment ;
wee would be loath to bring Road Island or any of that stampe
or frame nearer to vs.
2. If shipps should come from England, bringing such
comissions as may suit the service propounded, while you are
in those pts, it is hereby left to yor discretion to treate & con
clude w'h them for the publique good, according to the ten
nour of yor instructions, though wee cannot prescribe all ptic-
ulars. 3. In case the Gouernor, &c, should send an answer to all
propounded, in a letter sealed, neither treating nor acquaint
ing yow with the contents, you may in time and place conven
ient, avoyding offence, open the letter and consider what is
written, that you may the better poeede in any thing to be

14 RECORDS OF THE [1653
done by you according to directions now giuen, and if any
letters come from England, wch you may rationally conceive
concerne publique affaires, you are to send them w'h all
speede, though you hire a messenger. The wise and good
God assist you according to ye weight of yor worke, Wee rest.
By the Generll Court for Newhauen
Colonie, June 29th, 1653, f Francis Newman, Secret.
But if the Massachusets Colony should refuse to yeild to the
goeing on of the warr as the comissionrs agreed, and also to
meete as commission1 s at Newhaven at the time appointed, but
should giue liberty for volunteeres to goe, and so the warr
pceede, then it is ordered that this colony and Oonnecticote
agree together to chuse a counsell of warr to sitt here at New
hauen for the ordering of the warr in all respects, so as they
shall judg will be best for both the colonies.
It was propounded to the court, that in case the Massachu
sets Colony will not revoake their interpretation they haue
giuen of the Articles of Confederation, whether then the
comissionrs for this colony shall meete at the vsuall time in
September. The court by vote declared, that in case that in
terpretation be not called in, they see no cause why they
should meete.
It was propounded to know how the amunition wch came
last from the Bay, wch is this colonyes pt, sent ouer by the
Corporation, shall be disposed of. Some would haue had it
devided, but the most of the court agreed to have it kept to
gether at Newhauen for the present, and the powder to be laid
vp in seuerall houses in a seecret way as the magistrats and
deputies of Newhaven shall- appointe.
Concerning the friggot wch lyes at Connecticote, it is order
ed, that this colony will joyne w'h Connecticote in a way of
proportion to buy her and fitt her w'h gunns and what else is
necessary to goe forth vpon the service intended, that is to
coast vp and downe betwixt the rivers mouth and Stamford
for the better security of the two colonies from enemies w°h
may come by sea to doe spoyle vpon them, and whereas it is
conceived she will cary ten gunns, it is agreed that foure of

$653] JURISDICTION OF NEW HAVEN. 15
those tenn this colony will finde, wch shall be had two from
Newhaven, one from Guilford, and one from Brandford, & if
there be occasion for more, one from Southhold.
[10] || The Courte tooke into consideration the provisions
ordered to be staide for the vse of the jurisdiction in March
last, whether it shall be releasd or not, but considering how
vncertaine things are, ordered that it be kept till Mr. Leete
returne from the Bay, or other order be given.
Captaine Astwood acquainted the court that he hired a
horse at Springfeild when he went to the Comission in anno
1649, wch horse received some hurt in his jurny as the owner
saith, and desires some further satisfaction then he hath had.
The court declared themselues willing to satisfy any man in
his just demands, yet conceive he had his hire for his worke,
wch was a just recompence, but being it was for publique ser
vice, in wch they desire no man may suffer, they order that
he shall haue twenty shillings more pd him by the treasurer
of this jurisdiction.
It is agreed and concluded that the Gouernor shall haue fifty
pounds paide him this yeare ensuing out of the jurisdiction
treasury, according as the same some was ordered to be pd
him ye last yeare.
It is ordered that a rate of two hundered pounds be levyed
from the seuerall plantations in this jurisdiction, wch is to be
paide according to their males and estates in due & equall
pportions, wch is as folioweth,
from Newhaven,
from Millford,
from Guilford,
from Stamford,
from Southhold,
from Brandford,
Wch paye is to be made in good money, or merchantable
beavor at price currant, in wheat at 5s p bush., pease or rie at
4s p bush., in beefe at 3d p ', or porke at 4d, all good and mer
chantable, and when either beefe or porke is packed in caske,
the salt and caske is to be added and alowed for, and if any
man paye live cattell, they are to be prised by indifferent men
chosen for y' purpose, or in any other paye wch may satisfy

75

16

04^

42

16

06

28

05

01

I £ s. d.
^200: 00: 00

22

18

10

15

11

05

14

11

10 1

16 RECORDS OF THE [1653
the treasurer and answer the jurisdictions occasions. All wch
is to be paide in to the treasurer at Newhaven betwixt this and
the first of September next, vnder the same penalty as was
ordered by the jurisdiction generall court the 27th of October,
1646. The Court was informed that a complainte was made to the
Gouernor, lately being at Connecticote, by some Indians, that
some of Southhold had taken away their gunns, w°h was now
inquired into & found to be so, and the deput' of Southhold
informed the court y' the Indian from whom the gun was
taken caried it not well, so that there might be cause to take
it from him or them, yet ye towne were willing they should
haue them againe, but some pticular psons that haue taken
them are not willing, because by an order made in their towne
the one halfe belongs to them, wherefore the court did now
order that those gun or guns so taken be restored to the In
dians againe, that no publique quarrell may be begun w'h the
Indians by vs vpon any such account, yet judg that the In
dians should be warned that they cary it more inoffensively,
or else they must know that ye English will not beare it.
The Deputies of Stamford informed the court, that they
haue bine at great charges in keepeing men to ward in the day
time, for the soldiours that were pressed for the service, if the
[11] warr || had gone on, haue bine vnder paye euer since,
and bine as a guard to their towne in the day time. That the
souldiors should be vnder paye, the court witnessed against it,
for it was by no order of theirs, nor did any of the other
townes keepe their souldiors vnder paye; yet in regard that
they are a fronteere plantation and so may be in more danger
then some others, and out of tenderness to them in these
troublesome times, the court orders that towards their charges
six poundes thirteene shillings foure pence shall be abated out
of their part of the jurisdiction rate.
The Court was informed that the marshall hath spent much
time aboute publique occasions, ouer and aboue what his place
as marshall requires him to doe, for w«=h the court orders him
to haue forty shillings pd by the treasurer, but agreed that

1653] JURISDICTION OF NEW HAVEN. 17
hereafter, for any such publique comon buisnes he bring in a
pticular ace0', that they may know what they alow him for.
It is ordered that John Harriman shall receive that paye he
is to have of the jurisdiction, from any plantation where it is
due, as he shall desire, in such paye as the plantation payes
in, the propertie thereof not being altered.
It is ordered that estates of all the teaching elders in ye
jurisdiction shall hereafter be left out of the bills wch are
brought in yearely to make vp the jurisdiction rate by.
The Court haueing heard sundrie reports of an vnsatisfying
offensive way of cariag in some at Southhold, as those wch
grow weary of that way of civill gouerment wch they haue for
diuers yeares (and w'h much comfort and safty) liued vnder, '
wch cariage of theirs tends to disturb the peace of the jurisdic
tion, and they the rather beleeve it because of a late pittition
presented to this court by the said inhabitants, wch is a trouble
to them to see, wherefore these are first to desire that all such
psons may see their miscariages & judg themselues for the
same, and that euery man would rest himselfe satisfyed w'h
that way of gouerment wch God hath setled him vnder there ;
but if any shall not, but grow troublesome, this court doth then
declare that they may not beare such disturbers, but must call
them to ace0' for the same, and doe hereby require the depu
ties intrusted for civill affaires in that plantation that they
giue notice of any such psons who shall be active in such
courses, that they may bee proceeded w'h according to their
due deserts.
The Court considering that when they are dissolued &
broken vp, there may be occasions present wch neede both
councell and power to be put forth in way of action for the
good of the jurisdiction, as pticularly aboute the fitting vp the
friggot at Connecticote, if she be brought heither, and ordering
other things aboute her imployment, or what else may fall in,
therefore the court chose the magistrats of the jurisdiction, or
the major pte of them, (they calling in what deputies they
please,) as a comittee or counsell, who shall issue and deter
mine any buisnes wch concernes the publique good as fully as
if the court were present.
3

18 RECORDS OF THE

[1653

[12] At a Generall. Court held at Newhauen for the
Jurisdiction, the 3d of August, 1653.
Present.
Magistrats.
Theophilus Eaton, Esqr, Gouernor, \
i. }

Mr. Stephen Goodyear Dept' Gou. > Newhaven.
Francis Newman, Magistrate, )
Capt' John Astwood, for Millford.
Mr. William Leete, for Guilford.
Deputies.
Mr. William Gibbard,
Henry Lindon.
Benjamin Fenn,
Robert Treate.
Mr. Chittendine,
Mr. Jorden.
Richard Law,
Francis Bell.
Mr. Crane,
Liuetenant Swaine.
The Gouernor acquainted the court w'h the answer return
ed from ye Massachusets by Mr. Leete and Mr. Jorden, and
severall wrightings were now reade to the court, first an an
swer from the gouernor himselfe, vnder his owne hand, and
two other answers from the counsell, vnder the hand of Mr.
Edward Rawson, Secretary, wch are as followeth, &c.
The Gouermfs first answer.
Honored Gentlemen, I haueing two dayes since received
two letters and other wrightings from ye two jurisdictions of
Connecticote and Newhaven, addressed to myselfe, ye Deputie
Gouernor, and our two comissionrs, I read them ouer, and
(after Capt' Hawthorne, one of our comissionrs, had pvsed
them,) I sent them away w'h all speede to Mr. Symon Brad-
street, by a messenger of purpose, that so both our comissionrs
might consider of their answer to them; and being importuned

1653] jurisdiction of new haven. 19
by Mr. Thomas Jorden, of Guilford, to wright some thinge
vnder my hand in answer to the said letters and wrightings,
wherein I can for the present neither satisfye myselfe nor any
other man, seeing it concernes the generall court to answer
them, w°h I suppose they will when they assemble next, but
now to call a generall court of purpose to such an end and at
such a time as this is, vnless more vrgent necessitie did moue
it, I cannot see how I shall be able to answer it to the cuntry,
especially considering the generall court hath allready had so
longe and large a debate aboute what is now further vrged,
vizd : a present warr w'h the Duch, and the comissionrs of the
Vnited Colonies, after all their long agitations, did not con
clude anything aboute it, neither is their any new matter of
weight that invites vnto it our comissionrs ; if you please to
give them a call I suppose they will be ready to answer it, and
may be invested w'h power as formerly w'hout any limitation,
yet I beleeve the generall court will keepe their authority, so
as not to act in so weightie a concernment as to send forth
men &c, either to shed blood or to hazard the sheding of their
subjects blood, except they can satisfy their consciences that
God calls for it, and then it must bee cleere and not doubtfull,'
it must also be necessary & expedient, for a generall I con
ceive will not act implicitly, (being the cheife power and au
thority of the cuntry or colony,) in a designe of so high a
nature, neither doe I thinke it was euer at first intended so to
act against their consciences when they entered into confed
eration. I shall, (God willing,) wright more at large to my
honored frend Mr. Eaton, the gouernor of Newhaven, when the
wrightings are sent backe, meane while I rest,
Yor louing frend,
Salem the 14th of the Jo Endecott.
5'h moneth, 1653.
[13] The Counsells first answer.
Right WorPP & much honored,
The whole counsell being called together, and haueing read
and considered yor letter and yor generall courts sence and
construction of the Articles of Confederation.
The case is of great concernment and very weightie, and
therefore wee desire that it may be further seriously weighed
and throughly agitated, to the full satisfaction of all the colo
nies, wch is that which wee sincerely and earnestly desire.
But inasmuch as the generall court hath so farr acted in the
interpretation of the said Articles &c, wee hauing for the pres
ent no power to alter it, or to put any other construction ym

20 records of the [1652
till the generall court shall meete, wch wee intend to assemble
on purpose the 30'h day of August, wch is a day or two before
the ordinary time of the meeting of the comissionrs. Wee
hope the Lord will be pleased so to direct vs as wee snail
loueingly and vnanimosly agree to our mutuall satisfaction,
yors and orS; for if you please to beleeve vs, wee are all desir
ous to continew our confederation in all respective loue and
helpfullnes each to other. That wch wee aime at is that a
right vnderstanding may be begotten betweene yorselues and
vs touching the confederation; that being done, wee conceive
nothing will hereafter obstruct our proceedings, either in peace
or warr, but till then, in this case, wee know not how to raise
forces according to yor desire. Wee much feare that you
haue not so charitably construed the declareation of the gen
erall court as was intended by them ; wee are all bretheren
and desire to behaue ourselues towards you, and hope wee shall
not justly incurr, (when all things are duely weighed,) the
reproach of covenat breakers. But wee are not forward to ex
cept against such termes whereof there are to many, onely
giue vs leaue to discharge our duties & consciences towards
God and the people coniitted to vs, which is that onely wee
contend for, and wch wee hope you will not willingly abridge
vs of. And for ourselues, touching the said Articles of Confed
eration, wee shall not further insist to vrge but that according
to the words and gramatticall sence of the said Articles, the
comissionrs haue power to judg & determine the justic of an
offensive or vindictive warr, w°h was of least consideration to
our Generall Court in their declareation, yet doe thinke that
vppon the generall and fundamentall grounds exprest in the
said declaration, the power of the comissionrs in such cases
doth necessarily ^require serious consideration, explanation,
and if need be emendacon, by all the generall courts, for the
honor of God and wellfae of posteritie in the severall jurisdic
tions, wch was the cheife thing intended in the said declara
tion, not to conclude the case, much less to breake the confed
eration, nor infringe the power of y« comissionrs where it may
stand w'h fundamentall law and just libberties of the people
By the Counsell w'h ye consent of ye Comissionrs
Boston, 21 July, 1653. Edward Rawson, Secret.
[14] The Counsells second answer.
Gentlemen, Wee cannot but coffiend y0r ingenuity in ac
cepting our answer concerning the recalling the declareation
of our generall court, & of our readines to f^ZwgtZ
of our confederals, and for that end to put our cotony Vpon no

1653] jurisdiction of new haven. 21
small difficultys by calling our generall court at an vnvsuall
time, that thereby yor colonies might vnderstand the true and
genuine sence of the said declaration, wherevnto wee shall not
doubt of their concurrenc. You are pleased also to take notice
of our condesending to our frends, in that wee haue for the
present waued the vrging of the Articles of Confederation in
their litterall or gramatticall sence for the denying of power
to the comissionrs to determine the justice of an offensive warr,
wch wee acknowledg was not the cheife intendment in the said
declaration ; wch candor of yors, acceptable to vs, wee could
haue desired had continewed in all passages of yor wrighting,
but wee cannot but observe that you are not satisfyed w'hout*
complyance, but seeme willing to grow vpon vs, and to impose
vpon our letters more then you will finde ye gramattycall or
logicall sence holdeth forth, wch if you please to review, wee
doubt not but you will checke yor owne apprehensions, and
spare vs the labour of instancing the pticulars.
Wee did neuer vnderstand any of the confederats had for
euer silenced themselues, or divested themselues of the libber-
tie of speech for manifesting any greivance that might press
them in the confederation, neither doe wee conceive a more
ready means for one colony to communicate their thoughts
vnto the other then by wrighting, much less can wee appre
hend the tendency of such a practise to the breach of the con
federacy, the imputation of wch wee must beare, and beleeve
you doe it, not because you deny it, allthough in ye same line
yor arguments for it are so cleare to yor owne vnderstanding
that you appeale to our owne judgments in the case ; but if
notw'hstanding wee must remaine in yor judgments offendors,
wee hope you will doe equall justice to yor owne who came
not short in the same kinde of offence, by their declaration that
wee are called of God and man to warr vpon the Duch, w°h
wee conceive they haue bine labouring to proue, doth not be
long to them but to the commissionrs to determine.
Giue vs leaue further to say you are mista[ken] in affirme-
ing our declaration did obstruct present proceedings to the
hazarding of dangerous consequences to some off the confed
erats, for you will neuer be able to proue that the comis-
sio[nrs], whom you thinke meete to entitle a Corporation of
Representatives], termes wee haue not bine acquainted with,
and therefore pdon vs if wee vnderstand them not, wee meane
six of them, wch is necessary in such cases, did euer determine
a warr w'h the Duch. We haue not therefore by our declar
ation hindered their pceedi[ngs] as you are pleased to insinu-
* " w'h our" in the Massachusetts records, (MS.)

22 RECORDS of the l1
ate, and vpon that account wee suppose you may ^deretond
our hands are bound from rays[ing] forces because there was
no agreement, allthough you doe [desire lt.J
To yor motion that w'hout offence a meeting may be daUed
[at] Newhaven for the manageing of the said matter , w°h wee
vnderstand to be the pretended agreement, wee suppose yLouj
may now answer yorselues, the ground thereof W^S* L*
there be any urgent occasion that require a meeting belor the
usual time so neare approachinge we doubt not but the magis
trates of Newhauen understand their owne liberty by the .arti
cles of Confederacy to the obseruance whereof we shall en-
deauour to apply our seines and the rather to prevent those
imputations which may be geiveous to us.
Wee thinke it necessary to giue some account why wee
haue forborne to reply particularly, to the letters & remon
strances of your Gen" C0Urt. It was not because we did not
see or know not how to refute seueral pticulars some mistaken,
others wrongfully charged upon us, or that we wanted reasons
to object against them or to defend the general grounds &.
reasons of our declaration. But that your Courts as well as
our selues might be assured wee are studious of loue & peace
and the continuance of our confeederation, and our differences
might be more speedily composed at the prop6unded meeting
wch otherwise would require (at such a distance) great lenght
of time, and in the issue might hazzard a miscarriage by reason
of mistakes which are more easily remoued in prsence then by
letters. Voted by the Counsell, 22 July, 1653.]
* Here a leaf has been torn from the record, and the remainder of this letter is sup
plied from the archives of Massachusetts.

1653] jurisdiction of new haven. 23
[17] || to the said place and tak« a view of it and in whose
possession it is, whether it be the land that the sagamore of
that place gaue ye gouernor and Mr. Goodyeare, or whether
the right is yet in the Indians hand, and if they finde that it
will answer the end propounded, that he then purchase it for
the jurisdiction and speedily send the gouernor or the comittee
word how hee finds things and what hee hath done therein.
The Court considering of the provisions that were formerly
staide for the vse of the jurisdiction, and seeing there is now
(through the blessing of God) corne in the barne, and flesh
may bee had out of the feild if there be occasion, did now
order, that those provisions of corne, flesh and butter, bee sett
att libbertie for the owners to dispose of as they shall see
cause, according to that law that prohibbitts the exportation
of pvsions, made March 29th, 1653.
The order made at the generall court in May last for keepe-
ing foure horses in Newhaven and two in each other towne
for the cuntry service, vpon such hire and termes as is therein
expressed, is now repealed in all ye pticulars of it.
The Court was acquainted that some money hath bine taken
vp for the service of the jurisdiction vpon sundrie occasions,
as foure pounds of Edward Wigglesworth, when the comis
sionrs went to Boston in Aprill last, and fiue pounds of John
Harriman, when Mr. Leete and Mr. Jorden went to Boston in
July last, and fiue or six pounds is necessary to be provided
for the comissionrs to cary w'h them now in their next goeing,
and therefore some course must bee taken to procure sillver
to discharge those debts and to answer this present occasion.
The court desired Captaine Astwood and Benjamin Fenn to
treate w'h Ensigne Bryan or James Roggers, to see if they
can gett silver or beavor for other paye, though w'h good
allowance, to answer these things; but if that cannot bee, that
then so much butter bee gott to cary into the Bay as will sell
for money to make vp this some, but if that will not be pro
cured, then so much of this corne that came from Guilford
must bee carried and sould as well as it can, to procure siluer
to answer these seuerall ingagements.
The Deputies of Stamford acquainted the court that thee is

24 RECORDS OF THE [1653
in their towne some that doe worke great^ disturbance, profess
ing they will paye no rates to these corrion charges, because
nothing is done against the Duch, and some saying they haue
bine in bondage a greate while, but now they will haue their
libbertie, and being reproued for the same and told they must
bee bound ouer to answer it here, another answered, one and
all. Wherefore the court doth advise the deputies to cary it
as prudently and peaceably as they can and to gather vp these
rates due, but if by faire meanes (for the court is not willing
to deale harshly in these times if it may be avoyded) it cannot
be attained, but some in a stubborne way refuse and grow
boysterous in their spirits, working disturbance and giuingill
example to others, that then they give notice thereof to the
gouernor or deputie gouernor, who are ordered by. this court
to send a warrant from hence to binde such psons ouer to an
swer it at the court of magistrats in October next.
The Court considering the many complaints that haue bine
made from the Bay of the ill packing of flesh, and the great
damage that some men haue suffered thereby, did now order
that in every plantation in this jurisdiction there shall be pub
lique packers chosen, one, two, or more as the plantation shall
[18] see meete, who shall packe all || beefe, porke or vension
that shall be for sale, and onely in such caske as are allowed,
marked w'h the coopers knowne and constant marke, w°h are
to conteyne full thirty one gallons, or w'hin halfe a gallon
ouer or vnder, and to packe it well and close, and none but
such as is merchantable and equally sorted, better and worser
together in a barrell, in due proportion round the beast,
w'hout heades or feete, w°h packers shall be vnder oath to
deale truely and faithfully in this trust; and for their paines
and time spent, & the penalty if any shall breake this order
by selling flesh not packed by the said packers, it is left to
every plantatio to order and sett it so as they see cause.
The dispose of the beare that was brewed for the 'soldiours
is referred to the two deputies of Newhaven, to doe it as well
as they can for the good of the jurisdiction.
The Court was informed that Mr. Augar and John Brocket
haue spent much time in pviding things for the soldiours if

1653] jurisdiction of new haven. 25
they had gone out to warr, many of wch things being made vp
will bee loss to them, a note whereof Mr. Augar presented to
the court, amounting to fiue pounds twelue shillings, and de
sired the court to take the things and paye him for them, or to
alow him forty shillings for his time and loss in them and he
would keepe them. The court considered his pposition and
agreed rather to paye him forty shillings then to take the
things, and ordered y' he should haue so much paide him out
of the treasury.
And for John Brocket who spent much time and pvided
some things for the same service, it is left to the magistrats of
Newhaven to agree w'h him as well as they can, and to alow
him as they see cause.
It is ordered that the marshall shall haue tenn bushells of
the wheat that came from Guilford in pt of his sallary for the
jurisdiction. It is ordered that all trade bee prohibbitted w'h the Duch till
this court at their next session give further order, by wch time
they may vnderstand from the other colonies what they doe in
the like case ; onely in case of debts allready due to any there,
if they shall be made to appeare that they are reall debts,
(and doe beforehand make entrie thereof,) that no new debts
be made to delude this order, and y' there is a free course at
the Manhatoes to paye debts belonging to those in this juris
diction, w'hout obstruction from publique authority, then just
debts may bee paide in wampom or other things not prohibbit
ted; but if by authority there, debts due to those of this juris
diction bee stopped, then debts due to them from hence shall
be stopped also ; and whosoeuer shall by any meanes directly
or indirectly breake this order, shall forfeite the valew of the
debts or things traded to the jurisdiction.

26 RECORDS OF THE

[1653

[19] At a Court of Magistrats held at Newhaven for
the Jurisdiction, the first of July, 1653.
Present.
Theophilus Eaton, Gouernor.
Mr. Stephen Goodyeare, Dept' Gou'.
Francis Newman, Magistrat for Newhaven.
Capt' John Astwood, Magistrat for Millford.
Edward Hull was called before the court and complained of
for makeing great disturbance at Millford, carying it in such
a mafier towards the jurisdiction and authority thereof (at
Millford) as is not to be borne. The sum of wch complainte
was presented to the court in a wrighting now read, vnder the
hand of Mr. William Fowler, magistrate, and Robert Treate,
one of the deputies, that the said Edward Hull, did in Mill
ford harbour make seizure of Thomas Baxsters boate, w°h he
knew was before seized for the service of the cuntry, yet hee
would proceede, and not onely so, but also after he knew it
was seized for Mr. Goodyeares pticular debte, he brake open
the cabine, tooke away a gunn, a grapline and some cordidg,
and caryed it away, and when a warrant was sent after him
from the magistrate to come to him to answer, he refused,
saying he would come againe shortly that way and make his
answer, wch not long after he did, but then stood to justify
what he had done, though his comission will not warrant him
therein, but beside this he brake out into many higli words
and threatening speeches, as that he might not onely seize
her but cary her away if hee were able, or else fire her or take
away any thing from her, and any that should w'hstand him
herein should answer it; and vpon demand of security to
come to a tryall and answer for what he had done, he said that
hee hoped the rest of his company would come and sett him
at libbertie, and that he hoped the Duch -would come speedily
and cut some of vs of, and other threatening offencive words
weh will be proued by sufficient witnesses at Millford, adding

*fa margin, " This Court should have bine entred before r last generall Court, but

omitted.

1653] JURISDICTION OF NEW HAVEN. 27
that now he was a prisoner he would drinke nothing but sacke
and suger, and that he would shortly come & beate downe
their mill.
Edward Hull said it is true he seized the boate, but first
went to ye magistrate . and told him that it was prize, and
though it is true he heard she was seized for the cuntrys vse,
yet the magistrate told him she was released, wch Mr. Fowler
in y° said wrighting fully denyes, and the said Edward Hull
could not now proue. Hee was asked what comission he had
to doe these things, wherevpon hee shewed his comission wch
was read to the court, but nothing found therein to justify
him in these cariages, but rather the contrary, for they w°h
granted him his comission at Road Island put in that clause,
that he should cary himselfe civilly where hee comes, wch he
hath not attended ; beside his comission is to take but Duch
vessells, or such as are enemies to the Comonwealth of Eng
land, wch he could not proue in this case, Thomas Baxster
being an English-man and one that hath declared himselfe
a frend to the English, and though he hath lived amounge
the Duch, yet now he hath deserted them, and his verey
[20] || liuing among them formerly doth no more declare
him an enemie then Capt' Vnderhills doth declare him so.
After sundrie debates of this nature, the said Edward Hull
and others that stood by saw that his comission would not
beare him out in what hee had done, yet hee continewed in his
justifycation, vttering some high words and offensive speeches
before the court; wherevpon the court told him that if hee
justifye himselfe in this and intends to pceede in such wayes
to the disturbance of the colonies, the court must consider of
another way then they yet thought of, that is to send him to
England, to answer it there, and then hee will see whether
ye Parliament will justify him in such courses as these, and
thinke him a fitt man to bee betrusted w'h a comission w°h
caries it in this manner to the Parliaments frends, thus to
threaten them and hope that the Duch, the Parliaments and
our enemies, will speedily come and cut some of vs of.
After wch hee desired a little respite to consider, wch was
granted, and quickly came before the court againe and ac-

28 RECORDS OF THE [1653
knowledged y' by this debate w'h the court he saw the com
pass of his comission more then euer hee did before, and doth
see that hee hath in this buisnes gone beyonde his comission
and is verey sorrey for it, and for giueing out such speeches as
hee hath done in his hast and passion, and desires the court to
pass it by, and hee promiseth to be more wary in attending
his comission for time to come; vpon wch acknowledgment
the court was willing for this time to pass it by w'hout any
further trouble to him.
Ensigne Bryan was complained of, that when he vnderstood
from Edward Hull what hee intended to doe in takeing those
things out of the boate, yet hee did not acquainte the magis
trate w'h it but countenanced him therein by goeing along
w'h him, wch held forth as if he approved the action, though
hee knew beside ye seizure made for ye cuntry ther was an
attachment laid vpon boate and goods for Mr. Goody eare for a
pticular debte, and that hee himselfe became suretie that je
boate and goods should bee safely preserved for Mr. Good
yeares vse, wch cariage in respect of the publique, Ensigne
Bryan was told is contrary to his oath of fidellitie taken to the
jurisdiction, wch things Ensigne Bryan acknowledged was true
and contest it was his greate fault so to doe, and had hee con
sidered his way he should haue done otherwise. The court
considering that Ensigne Bryan acknowledged his miscariage,
and hoping it will be a warning to him hereafter, and vpon
the desire of the deputies of Millford, who prosecuted in ye
case, they past it by w'hout any further trouble to him at
present.

1653] jurisdiction of new haven. 29
[21] At a Court of Magistrats held at Newhauen for
the Jurisdiction, August, 4th, 1653.
Present.
Theophilus Eaton, Gouernor.
Mr. Stephen Goodyear, Dept. Gou.
Francis Newman, \
Capt' John Astwood, \ Magistrats.
Mr. William Leete, )
Mris. Elizabeth Godman accused goodwife Larremore that
one time when she saw her come in at goodman Whitnels she
said so soone as she saw her she thought of a witch. Good-
wife Larremore said that one time she had spoken to that pur
pose at Mr. Hookes, and her ground was because Mr. Dauen-
port aboute that time had occasion in his ministry to speake
of witches, and showed that a froward discontented frame of
spirit was a subject fitt for ye Devill to worke vpon in that
way, and she looked vpon Mrs. Godman to be of such a frame
of spirit, but for saying so at goodman Whitnels she denyes it.
Mris. Godman said, goodman Whitnels maid can testify it.
The maid was sent, and when she came she said she heard
Mris. Godman and goodwife Larremore a talking, and she
thinkes she heard goodwife Larremore say she thought of a
witch in ye Bay when she see Mris. Godman. Goodwife Lar
remore further said that Mr's. Godman had her before the
gouernor for this, and the gouernor asked her if she thought
M's. Godman was a witch, and she answered no.
Mr^. Godman was told she hath warned to the court diuers
psons, vizd: Mr. Goodyeare, Mris. Goodyeare, Mr. Hooke,
Mr^. Hooke, Mris. Atwater, Hanah & Elizabeth Lamberton,
goodwife Larremore, goodwife Thorpe, &c, and was asked
what she hath to charge them w'h, she said they had given
out speeches that made folkes thinke she was a witch, and
first she charged Mris. Atwater to be ye cause of, all, and to
cleere things desired a wrighting might be read wch was taken
in way of examination before ye magistrate, (and is hereafter
entred,) wherein sundrie things concerning Mris. Atwater is
specifyed wch were now more fully spoken to, and she further

30 RECORDS OF THE [1653
said that M»». Atwater had said that she thought she was a
witch and that Hobbamocke was her husband, but could proue
nothing, though, she was told that she was beforehand warned
to prepare her witnesses ready, wch she hath not done, if she
haue any. After sundrie of the passages in ye wrighting were
read, she was asked if these things did not giue just ground
of suspition to all that heard them that she was a witch. She
confessed they did, but said if she spake such things as is in
Mr. Hookes relation she was not herselfe. She was told she
need not say, if she spake ym, for she did at the gouernors*
before many witnesses confess them all as her words, though
she made the same excuse that she was not in a right minde ;
but Mris. Hooke now testifyed she was in a sober frame and
spake in a diliberate way, as ordinarily she is at other times.
Beside what is in the papr, Mris. Godman was remembred of a
[22] passage spoken of at the gouernors || aboute Mr. Good
yeares falling into a swonding fitt after hee had spoken some
thing one night in the exposition of a chapter, wch she (being
present) liked not but said it was against her, and as soone as
Mr. Goodyeare had done duties she flung out of the roome hi
a discontented way and cast a fierce looke vpon Mr. Good
yeare as she went out, and imediately Mr. Goodyeare (though
well before) fell into a swond, and beside her notorious lying
in this buisnes, for being asked how she came to know this,
she said she was present, yet Mr. Goodyeare, Mr;s. Goodyeare,
Hanah and Elizabeth Lamberton all affirme she was not in ye
roome but gone vp into the chamber.
After the agitation of these things the court declared to
Mris. Godman, as their judgment and sentence in this case,
that she hath vnjustly called heither the seuerall psons before
named, being she can proue nothing against them, and that
her cariage doth justly render her suspitious of witchcraft,
wch she herselfe in so many words confesseth, therefore the
court wisheth her to looke to her carriage hereafter, for if fur
ther proofe come, these passages will not be forgotten, and
therefore gaue her charge not to goe in an offensive way to
* In margin, " July 21 : 63."

1653] jurisdiction of new haven. 31
folkes houses in a rayling manner as it seemes she hath done,
but that she keepe her place and medle w'h her owne buisnes.
The examination of Elizabeth Godman, May 21th, 1653.
Elizabeth Godman made complainte of Mr. Goodyeare, Mris.
Goodyeare, Mr. Hooke, Mr's. Hooke, Mris. Bishop, Mfis. Atwa
ter, Hanah & Elizabeth Lamberton, and Mary Miles, Mris. At-
waters maide, that they haue suspected her for a witch ; she was
now asked what she had against Mr. Hooke and Mr»s. Hooke;
she said she heard they had something against her aboute their
soone. Mr. Hooke said hee was not w'hout feares, and hee had
reasons for it ; first he said it wrought suspition in his minde
because shee was shut out at Mr. Atwaters vpon suspition, and
hee was troubled in his sleepe aboute witches when hisboye, was
sicke, wch was in a verey Strang manner, and hee looked vpon
her as a mallitious one, and prepared to that mischeife, and
she would be often speaking aboute witches and rather justifye
them then condemne them ; she said why doe they provoake
them, why doe they not let them come into the church.
Another time she was speaking of witches w'hout any occasion
giuen her, and said if they accused her for a witch she would
haue them to the gouernor, she would trounce them. Anoth
er time she was saying she had some thoughts, what if the
Devill should come to sucke her, and she resolued he should
not sucke her. Mr. Hooke said another thing w°h strength
ened his feares was, that whateuer was done in ye church
meetings she would know it presently, and his sonn John was
vexed at it, and she being then questioned aboute it said some
of the members told her, she was asked who, and she instanced
brother Whitnel, concerning the agreement for catichizing,
and some sisters she said told her some thing, but named none
[23] nor what they told her. Jane Hooke said Mr's. || Elze-
beth could tell sundrie things that was done at ye church
meeting before meeting was done, as aboute Delaware Bay,
aboute Mr. Cheever, and aboute goodman Lamson and some
other things. Time, Mr. Hookes Indian, said in church meet
ing time she would goe out and come in againe and tell them
what was done at meeting. Time asking her who told, she
answered plainly she would not tell, then Time said did not

32 RECORDS OF THE [1653
ye Devill tell you. She was also accused for talking and
muttering to herselfe ; testifyed by Henry Boutle and some
others. Time said she heard her one time talking to herselfe,
and she said to her, who talke you too, she said, to you; Time
said you talke to ye Devill, but she made nothing of it. Mr.
Hooke further said, that he hath heard that they that are
adicted that way would hardly be kept away from ye houses
where they doe mischeife, and so it was w'h her when his boy
was sicke, she would not be kept away from him, nor gott
away when she was there, and one time M"3. Hooke bid her
goe away, and thrust her from ye boye, but she turned againe
and said she would looke on him. Mris. Goodyeare said that
one time she questioned w'h Elizabeth Godmand aboute ye
boyes sickness, and said what thinke you of him, is he not
strangly handled, she replyed, what, doe you thinke hee is be
witched; Mris. Goodyeare said nay I will keepe my thoughts
to myselfe, but in time God will discouer.
It was also said that it is suspitious that she hath put ye
boyes sickness vpon some other cause, as that he had turned
his braines w'h sliding, and said the boye would be well
againe, though he was handled in such a strange manner as
the docter said hee had not mett w'h the like. Mr. Good
yeare asked her if she was not the cause of his disease, she
denyed it, but in such a way as if she could scarce denye it.
Mr. Hooke further said, that when Mr. Bishop was married
Mris. Godman came to his house much troubled, so as he
thought it might be from some affection to him, and he asked
her, she said yes ; now it is suspitious that so soone as they
were contracted Mris Byshop fell into verey Strang fitts weh
hath continewed at times euer since, and much suspition there
is that she hath bine the cause of the loss of Mris. Byshops
chilldren, for she could tell when M*». Bishop was to be
brought to bedd, and hath giuen out that she kills her chilldren
w'h longing, because she longs for every thing she sees, weh
M-. Bishop denies; and being required to giue an instance,
she said Mr... Hooke said Mris. Bishop longed for some pease
but that made against her when Mris. Hooke was spoken w'h
and Jane Hooke said that M"». Godman said to her Mris'

1653] JURISDICTION OF NEW HAVEN. 33
Byshop was much giuen to longing, and that was the reason
she lost her chilldren. Another thing suspitious is, that she
could tell Mris. Atwater had figgs in her pocket when she saw
none of them ; to that she answered she smelt them, and could
smell figgs if she came in the roome, nere them that had
them; yet at this time Mris. Atwater had figgs in her pocket
and came neere her, yet she smelt them not; also M"s. Atwater
[24] said that Mrls. Godman || could tell that they one time
had pease porridge, when they could none of them tell how
she came to know, and beeing asked she saith she see ym on
the table, and another time she saith she was there in ye morn
ing when the maide set them on. Further M"". Atwater saith,
that that night the figgs was spoken of they had strangers to
supper, and Mris. Godman was at their house, she cutt a sopp
and put in pann ; Betty Brewster called the maide to tell her
& said she was aboute her workes of darkness, and was suspi
tious of Mris. Godman, and spake to her of it, and that night
Betty Brewster was in a most misserable case, heareing a most
dreadfull noise wch put her in great feare and trembling, wch
put her into such a sweate as she was all on a water when
Mary Miles came to goe to bed, who had fallen into a sleepe
by the fire w°h she vsed not to doe, and in ye morning she
looked as one y* had bine allmost dead. M"*. Atwater said
she told Mris. Godman of sundrie things w°h render her sus
pitious, and forwarned her of her house ; she said she would
haue her to ye court, Mris. Atwater said very willingly ; yet
the next night she came theither againe for beare.
Mris. Godman accused Mr. Goodyeare for calling her downe
when Mfis. Bishop was in a sore fitt, to looke vpon her, and
said he doubted all was not well w'h her, and that hee feared
she was a witch, but Mr. Goodyeare denyed that; vpon this
Mris. Godman was exceeding angrie and would haue the ser
vants called to witnes, and bid George the Scochman goe aske
his master who bewitched her for she was not well, and vpon
this presently Hanah Lamberton (being in ye roome) fell into
a verey sore fitt in a verey Strang maner.
Mris. Godman said the reason of her saying as before was
because Mr>s. Goodyeare a little before said they was bewitch-
5

34 RECORDS OF THE [1653
ed. Mris. Goodyeare said she said not so, but she and her
daughter went to M««. Godman and said some thought they
were bewitched, and said here is a poore weake woman,
(meanning M"s. Bishop,) what thinke you of her, some haue
thought she is bewitched; she laughed and said alass who
should bewitch her, she had a cousin was so; M"3. Goodyeare
said, if there be any such psons, she was pswaded God would
finde them out and discover them, for, said she, I never knew
a witch dye in their bed; M"8. Godman answered you mistake,
for a great many dye and goe to the graue in an orderly way.
Another time Mris. Goodyeare said to her, Mria. Elzebeth
what thinke you of my daughters case; she replyed what, doe
you thinke I haue bewitched her; M"8. Goodyeare said if you
be the ptie looke to it, for they intend to haue such as is sus
pected before the magistrate.
Mris. Godman charged Hanah Lamberton that she said she
lay for somewhat to sucke her, when she came in hott one day
and put of some cloathes and lay vpon the bed in her cham
ber. Hanah said she and her sister Elizabeth went vp into
the garret aboue her roome, and looked downe & said, looke
how she lies, she lyes as if some bodey was sucking her, & vpon
that she arose and said, yes, yes, so there is ; after said Hanah,
she hath something there, for there seemed as if something
was vnder the cloathes ; Elizabeth said what haue you there,
she said nothing but the cloathes, and both Hanah & Eliza.
say that M"8. Godman threatened Hanah, and said let her
looke to it for God will bring it vpon her owne head, and
aboute two dayes after, Hanahs fitts began, and one night
especially had a deadfall fitt, and was pinched, and heard a
hedious noise, and was in a Strang manner sweating and burn
ing, and some time cold and full of paine y' she shriked out.
Elizabeth Lamberton saith that one time ye chilldren came
downe & said M™. Godman was talking to herselfe and they
[25] were afraide, || then she went vp softly and heard her
talke, what, will you fetch me some beare, will you goe will
you goe, and ye like, and one morning aboute breake of day
Henry Boutele said he heard her talke to herselfe, as if some
body had laine w'h her.

1653] JURISDICTION OF NEW HAVEN. 35
The 24'" of May, 1653.
M"s. Godman being examined, (Mr. Dauenport being pres
ent,) she was asked why she said M"8. Bishop longed allmost
for every thing she see, and when she could not haue it, that
was the cause of her fainting fitts and ye loss of her chilldren;
she said she heard something of Mris. Hooke to that purpose,
that she longed for pease, but M"8. Hooke being sent for de-
nyed that euer she told her so, and Jane Hooke being present
said Mris. Godman told her that M"8. Bishop was much giuen
to longing and that was the reason she lost her chilldren, and
Hanah Lamberton said M"8. Godman told her so also, and
Mris. Bishop said another woman in ye towne told her that she
had heard M"8. Godman say as much, so that she could not
denye it ; she was told she hath much inquired after the time
of Mris. Bishops delivery of her chilldren, and would speake of
it so as Mris. Goodyeare and her daughters marveled how she
could know, and Hanah Lamberton one time told her mother
that Mris. Godman kept her sisters count; she was asked the
reason of this and of her saying Mris. Bishop was so giuen to
longing as it was a meanes to lose her chilldren when it was
not so ; she said she could giue no reason, then she was told
it was a high slander vpon Mris. Bishop, she said she can say
nothing but must lye vnder it.
Mris. Goodyeare said when Mr. Atwaters kinswoman was
married M^8. Bishop was there, and the roome being hott she
was something fainte, vpon thatMris. Godman said she would
haue many of these fainting fitts after she was married, but
she saith she remembers it not; she was told she hath also
said that M"8. Bishop hath had such fitts of a child and Hanah
Lamberton said she told her so, wch thing is not; Mris. God
man says she denyes it not but she remembers it not ; she was
asked the reason why she should reporte these things if it were
not to hide some other things wch she would not haue discov
ered, and to hide these fitts, therefore giue a reason ; she said
she cannot tell the reason.
Goodwife Thorp complained that Mrls. Godman
June i6th, came to her house and asked to buy some chickens,
1653. J '
she said she had none to sell, M"8. Godman said will

36 RECORDS OF THE [1653
you giue them all, so she went away, and she thought then
that if this woman was naught as folkes suspect, may be she
will smite my chickens, and quickly after one chicken dyed,
and she remembred she had heard if they were bewitched they
would consume w'hin, and she opened it and it was consumed
in ye gisard to water & wormes, and divers others of them
droped, and now they are missing and it is likely dead, and
she neuer saw either hen or chicken that was so consumed
w'hin w'h wormes. Mr>8. Godman said goodwife Tichenor
had a whole brood so, and M"8. Hooke had some so, but for
Mris. Hookes it was contradicted presently. This goodwife
Thorp thought good to declare that it may be considered w'h
other things.

[26] At a Generall Court held at Newhauen for the
•Jurisdiction, October 12th, 1653.
Present.
Magistrats.
Theophilus Eaton, Esqr. Gouernor.
Mr. Stephen Goodyear, Dept. Gouernor.
Francis Newman, Magistrat for Newhaven.
Capt. John Astwood, Magistrt for Jilillford.
Mr. William Leete, Mag: for Guilford.
Deputies.
Mr. Gibbard, ) ,, ,
rr T . ' > Newhaven. ,
Henry Lindon, )
Benja: Fenn, ) ,.-.,,,, ,
Robrt Treat, | MlUfor(L
Leutennant Chittenden, ) ~ .,„ ,
Mr. Jorndan, Guilford.

Jasper Crane, ) „ ,„ .
Sam: Swaine, f Bra»df°^
The Gouernor and Capt. Astwood acquainted the court w'h
the proceedings of the comissionrs at Boston at their last meet
ing in Septemter, and first w% ^ debate ^ ^
dayes w'h the Massachusets Generall Court, before they could

1653] jurisdiction of new haven. 37
sitt as Comissionrs, and after w'h what they did when the
comissionrs satt, all wch wrightings were read to the court.
What ye comissionrs of this collony did the court approved,
but considering what the Massachusets Generall Court and
Counsell haue done, this court all agreed and cannot but de
clare that they haue broke their covenant w'h vs, in acting
directly contrary to the articles of confederation ; vpon w°h
consideration this court sees themselues called to seeke for
help elswhere, and can conclude of no better way then to
make their addresses to the State of England, and for the
more full proceeding therein, agreed to acquaint Connecti
cote Collony therew'h, and desired the gouernor to wright a
letter to that purpose to Mr. Haines, gouernor there, as also
to desire a treaty w'h them, (by a comittee chosen by their
generall court, to joyne w'h a comittee of this court,) here at
Newhaven aboute this, and also aboute and concerning the
Indians, whose spirits are stirred, wanting the help from the
English wch they expected ; and for the better furtherance and
more full prosecution of this buisnes in England, the court
vnderstanding that Capt. Astwood is speedily to take a voyage
theither aboute his owne necessary occasions, did desire and
appointe him for this service, and agreed that a letter should
be written from this court to Mr. Hopkins to intreate him to
be helpfull and assistant to Capt. Astwood in this matter ; and
that wrightings be sent from hence w°h may fully declare the
case as it is in the compass of it so farr as is necessary, wch
wrightings are to bee signed as both the comittees shall agree,
in the name of both the generall courts, and to desire help of
shipping from England and what other force they thinke fitt,
that if they see good meanes may be [vsed ]
[27] || And to this purpose it was conceived and voted,' that
.the declaration to the Lord Generall, fully informing the
present state of the westward colonies, may close and bee con
cluded, That vnless the Duch bee either remoued or (so farr
at least) subjected that these colonies may bee freed from inju
rious affronts and securied against the dangers and mischeiv-
ous effects w°h dayly grow vpon them by their plotting w'h
the Indians and furnishing them w'h armes agst the English,

38 RECORDS OF THE [1653
and that the league and confederation betwixt the foure vnited
English colonies be confirmed and setled according to the true
sence and, till this yeare, the continewed interpretation of the , ,
articles, the peace and comforts of these smaller westerne colo
nies will be much hazarded, and are like to be more and more
iinpared, but as they conceive it their duty thus fully to pre
sent their afflicted condition to yor Exelency, so they humbly
leaue themselues, w'h the remedies, to yor consideration &
wisdom. The comittee chosen by this court to treate w'h a comittee
from Connecticote is the gouernor, Mr. Leete, Benjamin Fenn, /
and Mr. Crane, not excluding the other magistrats of New
haven and leauing Capt. Astwood to come as he thinkes good
and his occasions will giue way ; and after both comittees haue
mett, this court desires that the colony of Plymouth may be
acquainted w'h what they shall conclude vpon, that so if it
may bee, they may haue their concurrance in the buisnes also ;
and if both the comittees shall agree vpon any expedition
against the Narragansets, then it is ordered that this court
will meete againe to consider of it.
A letter from the Massachusets Generall Court to this Court
was presented and read, wherein they desire that this court
would appointe a comittee to meete and consider the Articles
of Confederation, because some things in them wants explana
tion, and some alteration; in wch letter they also ppound
foure queries to be answered, all wch the court considered of
and by vote declared, that they see no cause to chuse any
comittee for that purpose. The Articles of Confederation in
their judgment wants neither alteration nor explanation, and
they are fully satisfied in them as they are ; and for the foure
queries ppounded, they conceive they are easily answered, and
doe desire and intreate the gouernor on their behalfe to draw
vp an answer and send it to them, so soone as conveniently
he can. The letter from y" Massachusets Court.
Honored Freinds, To yor answer of our declaration (so ill
resented by you) wee made- no reply but pposed a more speedy
way (m our apprehensions) to prevent all misvnderstanding

1653] JURISDICTION OF NEW HAVEN. 39
and composing any different apprehensions concerning the
true sence and meaning of our confederation, & in pursuance
thereof our Generall Court assembled the day before the meet
ing of the Comissionrs, to whose considerations wee prsented
some propositions to that end, but after some expence of
time wee were satisfyed our endeavours would proue fruitless
through want of power on their parts ; wee resolued therefore
as wee haue declared in our returnes to them, of wch you may
be fully certifyed by yor comissionrs, to address ourselues to
the severall generall courts our confederates, to present our
desires of a right vnderstanding of the articles of our confed
eration, being induced therevnto by the different apprhen-
sions wch, (to our griefe,) are arisen amongst vs, and if wee
haue offended by a possitive declaration of our owne sence of
[28] || the articles, let it be accepted in pt of satisfaction that
wee doe at present presume no further then to propound some
queries to yor consideration, the resolution of w°h shall not
onely bee w'hout offence, but that wch wee desire, and will
much conduce to begett a right vnderstanding betweene vs.
1. Whether the reason of the comission1 s be the reason of
ally6 genrii courts.
2. Whether notw'hstanding the determination of the coihis-
' sionrs, the courts, in cases of great concernmt, ought not to be
satisfyed of the justice of their determinations before they
pceede to act.
3. Whether it can consist w'h the preservation of entire
power of gouerment reserved to the seuerall jurisdictions, that
the juridicall or authoritative determination of peace and
warr should be in the hands of six comissionrs, who as such
are not members of any court, and may pbably be no members
of a dissenting jurisdiction.
4. Whether the comissionrs, as comissionrs, be subject to
the genrll courts of the seuerall jurisdictions to wch they
belong, or the jurisdictions and generall courts be subject to
the comissionrs.
The Articles wee conceive give occasion for these and many
other questions of the like nature, and therefore need explan
ation or reconsiliation according to the true nature of a con
federation, wch is the preservation of the power of gouermt of
euery jurisdiction, not the stateing of any power in comissionrs
otherwise then subordinate and subservient to that end.
The concordance of yor answer (in these pticulars) w'h our
apprehensions, will put and end to our differences and begett
a right vnderstanding betweene vs.
But because wee cannot assure ourselues thereof in euery
pticular, and being seriously desireous of the continewation of

40 RECORDS OF THE I-1653
our amitye, wee propose to yor consideration that * comittee
be chosen by each jurisdiction to Teate & agree vpon ^ such
explanation or reconciliation of t e Articles of Confederation
as shall be consistent w'h our tr, ¦ meaning, the nature oi a
confederacy, and the power and authority of euery gouerment,
w°h beins preserved to the seuerall generall courts, may De
acknowledged, ratifyed and confirmed, the endeavouring
whereof wee accompt the duty of
Yor louing frends and confederates,
The Generall Court of the Massachusets.
Boston, 13th of Edward Rawson, Secret.
September, 1653. The answer to the foregoing letter.
Much Honnoured Gentlemen, Vpon the receipt of yo%
dated September 13'h, 1653, wee have perused and considered
what passed betwixt yorselues and the comissionrs, w'h the'
vncomfortable conclusion of the last meeting; wee hoped the
answers sent from the generall courts of Connecticote and
Newhaven to yor vnexpected interpretation might haue cleered
the Articles of Confederation and prevented those latter agita-
[29] tions, if according to the words and gramatticall || sense,
the comissionrs have power to judg & determine the justice of
an offensive or vindictive warr, as yor councell and comissionrs
in their letter to the gouernor of Newhaven, dated July 21th,
1653, granted, and yorselues seeme to confirme in the former
pt of yor first wrighting sent to the comissionrs at their last
session ; wee suppose they haue the same power in defensive
warrs, leagues, aydes, &c, but confess what followes in yor
said wrighting is to vs darke, if not a contradiction. They
haue no power to judg and determine in the premises or any
pt of them. They doe but beate the ayre, consider and con
clude in vaine, if none of the colonies be obliged to act accord
ing to their determinations. Wee grant (as the comissionrs
themselues haue done,) that if any of their determinations
prove manifestly vnjust, (wch wee haue not yet heard of,)
they ought to be laide aside. It is better to obey God then
man, to obey God then generall courts or comissionrs, &c,
which being premised and duely applyed to what followeth, we
pass on to yor foure queries, & conceive,

1653] JURISDICTION OF NEW HAVEN. 41
1. That as the reason of the magistrats and deputies in each
of the colonies, in what is p^culier to them, is the reason of ye
colony, so the reason of eigift or six comissionrs, chosen and
invested, &c, according to^lhe Articles, is the reason of the
confederates in matters propper to the confederation.
2. That the comissionrs, in the scope of the Articles and
intention of the confederates, are 4he representatives of the
colonies, who vertually meete and determine in and by fhena,
and in severall cases sometimes one of the generall courts,
sometimes another may not see, or will not profess to see, sat
isfying light, but euery scruple admitted to stopp proceedings
may prove verey prejudiciall to the cojonies & soone breake
the confederation.
3. The peculier jurisdiction and gouerment of one single
colonie may be well distinguished from the power and trust
of the comissionrs. The former wee conceive consists in
makeing, repealing and executing lawes, choosing their owne
officers, and all things of like nature, wherein themselues are
onely concernd. The latter in affaires of warr, peace, leagues,
aydes, &c, wherein all the colonies by their confederation are
equally -interressed, as is cleerly & fully exprest in the sixt
Article, so that these are no wayes inconsistent. The freemen
in each colony doe or may yearly choose such comissionrs as
in whom they may best confide, not onely members but if they
please officers of their courts, but in each generall court lawes
& conclusions pass by most voyces, though the deputies of
some pticular plantations interressed dissent.
4. The comissionrs, as comissionrs, are liable and may be
called to account for the discharge of their trust, and to cen
sure for vnfaithfullnes, and so subject to the gen: courts to
w°h they severally belong, but w'hall these foure gen: courts
haue joyntly and severally, for themselues and their posteri
ties, entred into a firme and perpetuall covenant to act accord
ing to the determinations of eight or six of their comissionrs
in the affaires of the confederation.
[30] || So that though these and many other questions may
be ppounded, yet out of the Articles duely considered, satisfy
ing answers may be giuen. The power of the comissionrs is
6

42 RECORDS OF THE [1653
& ought to be subordinate and subservieiit to the safety. &
wellfare of the confederates, and neither doth nor may in-
croach vpon the peculier jurisdiction reserved to each colonie
in pticular.
Wee yet see no cause to chuse or send a comittee, either for
explication or alteration of any of the Articles ; were all our
spirits in as right a frame to keepe the covenants as tenn
yeares since to enter and make them, wee suppose these dis
putes would soone be at an end; but when we consider what
hath passed this summer concerning the Duch, both in reffer-
ence to the vnjust warr they haue begun and still prosecute
against the Comonwealth of England, the former hostile
wronges some of the colonies haue here susteyned, for wch no
satisfaction can be obteyned, and ye late bloody conspiracy,
wch (as yor reverend elders acknowledg) God in speciall
fauour hath discovered, and vpon what (in themselues) satis
fying grounds seven of the comissionrs voted a warr against
Nifiigret, (a conspirator w'h, and agent for the Duch,) and
agreed the numbers of men to be sent forth, according to w°h
all the colonies were by solemne covenant ingaged to act, but
find that the councell for the Massachusets denyed to raise
forces for that service, not so much as alleadging that any
thing in ye comissionrs determination was vnjust or contrary
to rule, but onely that they see not sufficient ground to vnder-
take the warr, wch any generall court (in the justest deter
minations) may at any time affirme or pretend; but such
refusall (as yorselues well knew and thereof, anno 1648, mind
ed ye comissionrs,) is a breach of league and covenant. And
compareing it w'h yor strang and streined interpretation of the
Articles, June 2d, 1653, and y0r later agitations w'h the
comissionrs in ye former pt of September, wee cannot but
feare it is by many a premeditated and resolued breach, which
certainly is a pvoaking sinn against God, of a scandalous na
ture before men, and may produce dangerous effects to the
other three colonies. It had bine much better for them neuer
to haue combined, then to be thus deserted by them that first
propounded & pswaded to the confederation. They are now
exposed more to the malice and treachery both of Duch and

1653] JURISDICTION OF NEW HAVEN. 43
Indians then before, but of whom it will be required yo'selues
will consider. Wee desire first to looke vp to the gracious &
faithfull God who keepeth truth for euer, and in the second
place to seeke advice and help elsewhere.
Signed by Connecticot & Newhauen Secrets,
Dated Nouem,
first, 1653.
M1'. Goodyeare read a letter to the court from Stamford,
informing that a Duchman wch knew our order had traded at
Stamford some small matters and gathered vp some pvisions
for his paye, w°h the constable hearing of staide for the juris
diction till further order, and doth now desire to know ye
[31] minde || off the court. The court declared that it is
a direct breach of ye order, and therefore is justly forfeite,
but if any of the pties coceive they haue anything to say for
themselues wch may excuse or mittigate the offence, they may
apply themselues to the court of magistrats, who will heare
and determine as they see cause, according to the law in that
case. Also in the sstme letter they propound concerning caske
for flesh, that they cannot get their coopr to make any caske
aboue 25 gallons, he hauing provided and cut his stuff before
the order; and for information herein, the court sent for Nic
olas Elsy, a coopr here at Newhauen, to know whether the
caske might not be made according to the order, though the
stuff was cutt for a less size ; he said he could not so fully tell
vnless he saw the stuff, but he conceives it might serve. Also
some here at Newhaven ppounded that the order might be
altered, for the size is too big, and at Connecticot the order is
but 28 gallons, wch ye court considered of, but saw no cause
to alter the order at this season, sundrie hauing allready sould
some quantities of beefe beforehand to be deliuered, and sev
erall caske being allready made, and some psons haue packed
vp beefe in caske of this size, therefore for this yeare they con-
firme the ordef as before, and if Stamford doe not make their
caske according to the order, they must then before they sell
any declare to the buyer what they hold, that so no deceipt &
ynrighteousnes be comitted.

44 RECORDS OF THE [1653
Another from Stamford was read, wherein they informe the
court y' their is some differenc betwixt John Chapman and
their towne, wch they cannot comfortably issue w'hout the
help of tw magistrats, and therefore they desire the court to
send two magistrats to Stamford to keepe court, wherevpon
this court did order that a letter should be sent to them in
forming that if the difference be but small, it were better they
issue it amonge themselues, for the charg will be great in
sending and will fall vpon those wch shall be found delinquent,
and if vpon this information they notw'hstanding desire it,
two magistrats shall be sent vnto them.
An order made by the Comissionrs concerning the makeing
of Duch vessells prize if they be taken in any of the harbours
of the Vnited Colonies was read, and by vote confirmed &
declared to be put in execution in this colonie, wch order is
as folio weth,
Vpon information received that in pursuit of Thomas Bax
ter, who (by vertue of a comission from Road Island vnder
the Cofhonwealth of England) hath taken a Duch boate or
vessell neare the Manhatoes, the Duch haue manned out two
vessells w'h aboute one hundered men in them as men of
warr, and did then lye in the road nere the opening of Fair-
feild harbour where Baxter was, the Comissionrs considering
the continewed open warr betwixt the Comonwealth of Eng
land and the Netherlands, w'h the hostile affronts the Duch
in these pts haue formrly offered to the English colonies, and
the late execrable conspiracy charged vpon the Duch gouernor,
his fiscall, &c. judg it necessary that each jurisdiction w'hin
its owne lymits doe declare and order that all Duch shipps &
other smaller vessells be at their perill prohibited coming into
any harbour belonging to any of the confederated colonies,
w'hout express lycense from the gouernor of the colony or
some other magistrate thereof, and if any such shipp or ves
sell shall after such order duely published, come into -any
[31] such || harbour or road, and being by some magistrat or
the next millitary officer where there is no magistrate, or by
such as are in each colonie appointed, being therevnto requir
ed, shall not forthw'h (or at least w'hin six houres) depart
out of the said harbour or road, it shall be lawfull for the said
colonie or plantation where any such vessell rides, by their
owne or any other neighbour force, either to surprize and
seize the same or to force it thence; and in the present pticu-

1653] JURISDICTION OF NEW HAVEN. 45
lare case at Fairfeild, if the said Duch vessells or either of
them, or any other, be or shall ride or stay in the said road or
harbour or any other harbour or road in those western colo
nies, it is hereby declared that such vessell or vessells be
comanded forthw'h to depart, but if the master or masters, or
any of them, or such as order the said vessells or any of them,
refuse or delay beyond the time before lymited, (wind &
weather pmitting them to dept,) the inhabitants of Fairfeild
or any other plantation w'hin the said two colonies, calling in
help (if they see cause) as aboue, shall haue libertie to seize
or force them thence as they can, and in all seizures so made,
no pt either of goods, riggen or apptenances belonging to any
such vessell shall be imbezelled or taken into any private vse
till by a due tryall in the jurisdiction where the seizure is
made, the vessell or vessells be found just prize by vertue of
this order, and vessell and goods duely prized, and that after
the seizure is judged lawfull by the authority afforesaid and
so prised, then two third pts shall be alowed to the plantation
or to such persons as shall seize the said vessell or vessells,
towards charges as each jurisdiction shall order, and one third
pt (free of all charges) to the colonies in their different pro
portions. Boston 17'h, Septem. 1653.
Simon Bradstreet, President.
William Hathorne,
Tho: Prence,
John Browne,
Rogger Ludlow,
John Cullick,
Theoph Eaton,
John Astwood.
The Court considering the occasions of the jurisdiction, for
-defraying of necessary charges expended and to be expended,
see cause to order that a rate of three hundered pounds be
leuyed from the seuerall plantations in this jurisdiction in due
and equall proportions, ouer and aboue the two hundered
pound before granted in June last, w°h 300n is to be pd be
twixt this and the last of December next, in that paye, in such
manner, and vnder the same penalty as the former 200n is
ordered to be paide. The proportions is as followeth,

46 RECORDS OF THE

[1653

Newhaven, 113: 14: 06.
' Millford, 064: 04: 09.
Guilford, 042: 07: 07*.
Stamford, 34: 08: 03.
Southhold, 23: 07: 01J.
Brandford, 21: 17: 09. 300«: 00: 00.
[33] || And further, considering the ingagment the jurisdic
tion stands in at the Bay for the powder and amunition sent
from England, and brought heither in ye summer, w'h some
other debts due from the jurisdiction, did now order that ouer
and aboue the former rates, sixty nine pounds be raised in the
jurisdiction, in beefe, porke, pease or wheat, all good and mer
chantable, in proportion as followeth,
from Newhaven, 27!: 00: 00 Southhold are left out here be-
from Millford, 16 : 00 : 00 cause being at a distanc it
from Guilford, 11: 00: 00 was concerned they could
from Stamford, 09: 00: 00 not send so soone, but they
from Brandford, 06:00: 00 are to W6 ll aft™rds-
And that it be all paid in at Newhaven and ready to send
away by the last of February next, and if any plantation faile
of their pportion or any pt of it, they shall forfeite a fourth pt
of their pportion that is so vnpaide, euery moneth that it so
remaineth, and paye the principall beside.
It is ordered that John Harriman shall haue five pounds
alowed him out of the treasury for the forbearance of at least
one hundered pounds aboute a yeares time, after the comis
sionrs mett here last in anno 1651, and if Millford refuse to
paye their share of it, because their deputies plead they, were
not behinde in their rates but rather beforehand, it is agreed
it shall be made vp from ye other townes.

1653] jurisdiction of new haven. 47
At a Generall Court held at Newhauen, for the Juris
diction, Nouembr 22th, 1653.
Present,
Magistrats.
Theophilus Eaton, Esqr, Gouernor.
M1'. Stephen Goodyear, Dept. Gouerno1'.
Francis Newman, Magistrat for Newhaven.
Mr. William Fowler, Mag: for Milford.
M>. William Leete, Mag: for Guilford.
Deputies.
Mr. Gibbard, j Newhaven.
Hen: Lindon, 5
Benja:Fenn, j Milford<
Robert Treat, )
William Chittenden, ) Qu4ifor(j

Thorn: Jordan,
Richard Law
Francis Bell,

s
Stamford.

Jasper Crane, ) Brandford.
Sam: Swaine, )

The Gouernor acquainted the court w'h a letter he had
received w°h was sent to Robert Basset, w'hout date or name
subscribed, which is to stirr vp to stand for the State of Eng
land, as they pretend, and to stand for their libberties, that they
may all haue their votes and shake of the yoake of gouermt
they -haue bine vnder in this jurisdiction ; also w'h a letter
from the towne of Stamford, makeing complaints of their rates
and other geiuances as they pretend ; also another wrighting
from Stamford, stirring vp to raise volunteees to goe against
the Duch, and that themselues will send forth tenn men well
furnished for the warr; also a letter from Mr. Ludlow, in
forming of a meeting they haue had at Fairfeild, at w°h they
haue concluded to goe against the Duch, and haue chosen him
[34] for their cheife || and he hath accepted it; all w°h
wrightings wee read to the court, after wch the court consid
ered whether they were called at this time to send forth men

48 records of the [l658
against the Duch, and after much debate and consultation had
w'h most of the elders in the jurisdiction, the issue was, w'h
the court by vote declared, that considering the hazards and
dangers attending such a designe, especially now, it being so
nee winter, and the want of suitable vessells and the like,
they see not themselues called to vote for a present warr, but
to suspend a full issue till Connecticote jurisdiction be ac
quainted w'h it and giue notice what they will doe ; but if they
agree to cary it on now, then this court agrees to joyne w'h
them and to meete againe to consider and order as the case
may require.
The Court considering the disorderly and mischevious way
wherein Thomas Baxter doth and hath for some time gon on,
in plundering, spoyling and robing, to the great disturbance
of the colonies, specially in takeing a vessell wch belonged to
Plymouth, to the great damage of sundrie psons wch were
comeing to plant vnder the English, and not knowing of any
lawfull comission he hath to do, these things, did order that a
letter should be written to Connecticote to desire them to put
forth their authority to take him if he come w'hin their juris
diction, and if he come w'hin any of these foure townes, vizd,
Newhaven, Millford, Guilford, or Brandford, that he bee seized,
his comission examined, and as things appeare, further pceed-
ing may bee ; and if he come to Stamford that a letter be
written to them to doe as shall be thought fitt by the gouernor,
when he heares what Connecticote will doe in that also.
The Court was informed by Mr. Goodyeere and M. Newman,
who went lately to Stamford to issue some difference betwixt
the towne and Jn° Chapman, and to setle a right vnderstand
ing of things for the better quieting of their spirits, wch are in
a mutinous way, and that when they came their the buisnes
betwixt ye towne and Jn° Chapman was not prepared, Jn°
Chapman refusing to haue it heard by two magistrats but will
haue it issued in a full court, but being there they caused ye
towne to be called together, and being mett they found them
for ye most pt full of discontent w'h the present gouerment
they are vnder, pleading that they might haue their free votes
in- ye choise of civill officers, makeing objections against their

1653] JURISDICTION OF new haven. 49
rates, and ppounded to haue their charges of watching and
warding the summer past, w'h some worke made aboute their
meeting house for their defence, borne by the jurisdiction, and
that they might haue twelue men sent them at the jurisdiction
charge to lye there all winter for their defence, w'h some other
things, (Robert Basset and Jn° Chapman being two of the
cheife speakers,) and after much debate w'h them to quiet
them, wch did litle prevaile w*'h ym, an order from the comit
tee of Parliament in England sent to this colony was read to
them, requiring them to submitt to the gouerment they are
vnder, wch did somewhat alaye their spirits for ye present, and
they desired further time to consider of things and they would
in some- short time send their minde to the gouernor in
wrighting. [35] || The Court considered of these things & saw cause to
order, that after their propositions are sent and ye gouernor
hath considered of them, if he see cause, a warrant shall be
sent w°h shall haue refferrence to ye order from England, and
in submission to it requiring John Chapman and Robert Bas
set to appeare here at Newhaven at such time as the gouernor
shall appointe, to answer such things as shall be laid to their
eharge. It is ordered that till the election court in May next, every
towne shall, so often as the generall court or court of magis
trats haue occasion to meete, pvide for their owne magistrats
and deputies at their owne charge, that so these publique
jurisdiction charges may be lessened.

50 RECORDS OF THE

[1653

At a Generall Court held at Newhauen for the Juris
diction the 8th of March, 1653.
Present,
Magistrats.
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeer Dpt Gou.
Francis Newman, \
Mr. William Fowler, [ Magistrats.
Mr. William Leete, >
Deputies.
Mr. Willm Gibbard, j Newhaven.
Henry Lindon, )
Benjamin Fenn, \ Mmford<
Robert Treate, \
M'. Chittendene, j Guflford.
Mr. Jordan, )
Richard Lawe, Stamford.
M. Crane, ) Brandford.
Sam Swaine, )
The Gouernor informed the court that the generall court
for Connecticote, vnderstanding of sundrie miscariages tnat
Thomas Baxster hath done in their jurisdiction, and in this
also, haue sent downe theire marshall w'h a comission to goe
to Fairefeild and seize him, wherein they desire our concur-
rance and the help of two men from hence, else his order was
to returne and pceede no further, wherevpon the magistrats
of Newhauen mett together and considered the case, w°h would
admitt of no delay, thought it best to send two men from
hence w'h him, who are this morning gon towards Fairfeild.
The court by vote fully approued of what was done and judg
it necessary that such a course should be taken for his appre
hension, and did now further order that if Thorn Baxster
should be fled from Fairfeild to Greenwich, (as it is like he
may,) then Richard Law ye constable of Stamford, hath here
by lycence & authority to take men at Stamford, (if Baxsters
strength be not to great for them,) & seize him & bring him
to Newhaven.

1653] jurisdiction of new haven. 51
The Gouernor declared to ye court that he had received a
wrighting from Mr. Wells, of Southhold, informing of sundrie
high miscariages of John Youngs, and also a testimony of
Capt. Silvester and M. Booth, vpon oath, wherein they testifye
that they heard John Youngs say that hee would pcure 60
men at Vncaway and make a garrison at Southhold to defend
him against the power of Newhaven ; vpon the reading of w°h
paprs the court judged it necessary that John Youngs should
be called to account for these things, but hear now by Richard
Law that. John Youngs is imprisoned at the Duch, and there
fore at present stopped from these disorderly pceedings ; they
[36] ordered || that if any letter should be sent from his father
or others, soliciting this jurisdiction to vse some meanes for
attayning his libertie, then a letter should be sent from hence
to the Duch gouernor, desiring he may bee deliered to vs here
at Newhauen, (at the charge of them that solicit for him,) to
answer such miscariages as we haue to charge against him.
Mr. Herbert and Mr. Moore, inhabitants of Southhold, being
here, the court desird to speake w'h them, and being come
before the court, they asked them concerning the affaires of
Southhold, and pticularly aboute some differences wch they
haue heard is among them, and whether their rates are paide,
and whether themselues haue taken the oath of fidellitie.
They answered for the oath of fidellitie, neither thems'elues
nor many others in Southhold haue taken it, and they desire
now to be forborne also, and if the court please to send ouer
two magistrats to Southhold, (wch they would cary and bring
home at their charge,) to issue some differences theire, they
hope before they come away they should doe what the court
desires, and for rates they know not, but what hath bine de
manded is paide.
It was ppounded to them whether it were not better that
some of both pties amongst whom the differences are, (who
may haue power to act for ye rest,) should come heither to
Newhaven at the court of magistrats the last Munday in May
next, where they might haue better help for issuing of things
then they can expect from any that can be sent; they both
approved of the motion and hope their towne will attend it.

52 RECORDS OF THE [1653
They ppounded who shall giue oath in case witnesses are to
be examined & sworne; the court considered of it & told them
that they thought it would be satisfying to all pties if ye court
desired Mr. John Youngs, pastor, to wright the depositions of
any, and then the deputies or either of them might giue oath,
w°h motion they fully approued of, and the court did now
order that a letter should be written to Southhold from this
court, informing them of this agreemt, and desiring them to
attend it, and also that the rates due to ye jurisdict may be
speedily sent to the treasurer at Newhauen, or at ye furthest
brought w'h them when they come to ye court in May next.
After Thomas Moore was departed he returned againe to ye
court and declared his willingness to take the oath of fidellitie
now, wch the court well accepted and administred the oath of
fidellitie to him, and declared that if he be a member of Salem
church, and haue letters of recomendation, and lyes vnder no
offence to hinder, he may haue the feemans charge giuen
him at Southhold and be admitted a freeman as others are.
Leiutennant John Nash was propounded to the court and
approued of by the court for the cheife millitary officer at
Newhauen for ye prsent.
And Leutennant Samuell Swaine was ppounded and ap
proved of for Brandford in ye same way. j
The Gouernor informed the court that Capt. Vnderhill de
sires some advice concerning a horse wch hee seized at South-
hold, wch was taken from the Duch by Thorn Baxster, but the
court declared y' they would not medle w'h.
It is ordered that a dinner be pvided at the ordinary for ye
court and whom they shall invite vpon the election day, at the
publique charge of the jurisdiction, but after, euery towne is
to pvide for theire owne magistrats and deputies.
Thomas Baxster being seized at Fairfeild and brought to
Newhave the 10' & of March, was called before the court and
told that hee stands charged w'h sundrie offensiue carriages,
for wch ye court conceives he can haue no comission to beare
him out, and first his cariag aboute seizeing M. Mayoes vessell,
w°h all the comissionrs haue witnessed against and written to
Road Island aboute it, for w°h cariag Road Island, as they are

1653] JURISDICTION OF NEW HAVEN. 53
[37] informed, hath declared || themselues offended w'h him,
calling in his comission and haue made it voyde and null, and
would haue proceeded against him but that he made an escape
from them, beside many miscariages of a high nature at Fair
feild, but they belonge to another jurisdiction, whether the
court referred them ; but for this jurisdiction he was told his
miscariages at Stamford haue bine verey offensive, as that he
will beate vp a drume there for volunters and flourish his
cullers to gather company, and if any oppose him he threatens
them, and pticularly the constable ; thus he tramples upon the
authority sett vp there ; also his miscariage lately at Millford
in carrying away M. Fowlers cannow, and when one of Millford
told him it was the magistrats cannow, he slighted such words,
and when they laid hands vpon it to stay it, he w'h a halfe
pike strucke the man betwixt the head and shoulders, and one
of his men drew his cutlash and struck at his hand but missed
it, and the rest stood w'h their peeces cocked & vowed they
would shoote ; beside his cariage in entertaining and keepeing
Mr. Fowlers servant, and when he sent for him he would not
deliuer him but said he had buisnes ibr him and when he had
done w'h him he would send him home.
Hee was asked what he said to these things, and whether he
had comission to act thus ; he said he thought hee had, but
his comission being pvsed there was no such thing in it, but he
is lymitted to ye Duch and enemies of the Comonwealth of
England, and to behaue himselfe civilly to all the plantations
in the English colonies.
Hee said if he spake so at Stamford it is out of his knowledg,
and for Mr. Fowlers man he did send him home afterward ;
for the miscariage at Millford, they were so lately and testified
by so many witnesses, as Ensigne Bryan, James Roggers his
man, and others prsent, and might be confirmed by others at
Millford, that he could not deny them. The court hauing
pceeded thus farr, for the prsent dismissed him to be sent to
Connecticote, to answer for what he hath done in their juris
diction. Two of Thorn Baxsters men, namely William Ellitt and
Abraham Frost, were also brought prisoners, the tryall of

54 RECORDS OF THE [1653
whom this court refferrs to Connecticote as most propr to
them, onely the marshall of Connecticote desired that the tes
timony of one of Fairfeild here prsent may be taken and sent
to Connecticote, because it may be of some vse to them there,
w°h the court granted, & is as followeth,
John Odell testifyeth vpon oath, that as Baxsters men went
vp and downe the streets of Fairefeild w'h their swords drawne
in their hands, he heard William Ellitt sweare w'h a great
oath, (but knowes not the words,) that w'h them hands of his
he would be avenged vpon the blood of some of them w°h had
taken his captaine, and he supposeth there were aboute a dozen ,
of them wch so runn w'h their swords drawne.
Robert Basset was also brought alonge w'h them prisoner,
and charged by the marshall of Connecticote, Leiutennant
Cooke and goodman Lewis of Hartford, Edward Parker and
Daniel Hopper, our two men, also joyning w'h them, that the
said Robert Basset caried it in a sideing way w'h Thomas
Baxster, for when they had seized him at the ordinary house
dore, quietly led him away w'hout disturbanc, Robert Basset
came rufiing after them w'h his hand vpon his sword, being
amazed, as himselfe saith, to heare Baxster was taken, and"
gaue them many high and offensive words and cariag, affront
ing them in their way, comanding Leiutent Cooke to put vp
his sword, (though he saith he intreated him,) w°h when thejt
saw, they disarmed him, and the marshall comanded him to
aide them, so he went to the house w'h them where they kept
Baxster prisonr, and staid a while, but after went away w'hout
leaue; further Connecticote men say that they conceive he
might be some occasion of the disturbanc wch fell out after
ward, because while hee was w'h them at the house they mett
w'h none, and they thinke Baxsters men knew not where they
were, but quickly after he was gone they came and assaulted
[38] ye watch [& fought w'h them, in which] || skirmish one
of Baxsters men was killed and one of our men wounded, and
after this hurt was done he came to the house againe, and de
sired to speake w'h the Capt., and being there began to reason
the case w'h them aboute seizing of Baxster, and justifyed him
in his way, pleaded for him and against those that tooke him,
saying what had he .done that they came to take him as a

1653] JURISDICTION OF NEW HAVEN. 55
rogue, a theefe and a murtherer, w'h swords and staues ; fur
ther goodman Lewis said that as Robert Basset and he came
along together in the way heither, he desired him that things
might not be prosecuted too heavily against him ; goodman
Lewis told him he should attend truth, but he had heard that
he had bine active in drawing company together against the
comonwealth where he Hues, and that he will be a reformer,
not onely of coifionwealthes, but of churches also; Robert
Bassett said hee knew the ground of such reports, wch was a
letter hee received w'hout any name subscribed, speaking to
that purpose, and said hee, indeed this is the thing that
troubles mee, that wee haue not our vote in our jurisdiction
as others haue, and •instanced Connecticote jurisdiction.
This discourse, both in the house w'h them & in the way w'h
goodman Lewis, Robert Basset owned, but would haue excused
himselfe, saying it was drawne forth of him, but was told it
was w'hin before, else it could not have bine drawne out.
Robert Basset was told, beside these miscariages before
spoken of, the court hath heard, and some of them haue seene,
(as Mr. Goodyeare and Mr. Newman,) at Stamford, his bold
ness and forwardness in expressing himselfe against the
gouermt of the jurisdiction, and how actiue he hath bine to
raise and cary on an insurrection in both these colonies, as
appeares by the wrighting w°h he and John Chapman was
bringing along the coast to raise volunteeres to goe against the
Duch as was pretended, himselfe ingaging therein w'hout any
approbation from authority here, so that he hath bine a ring
leader in these wayes of disturbance and vndermining the
gouermt of the jurisdiction, and this hath bine contrary to his
oath of fidellitie taken to this jurisdiction, and contrary to a
knowne express law published, and after he hath heard the
letter from the comittee of Parliam' vnder their hands and
seale, requiring his submission to the gouerment here estab
lished. Robert Basset said that in his heart and intentions hee hath
not broken this law or his oath, but in some appearance hee
may haue broken them, he was told this, an answer once for
all in such cases, that the court judges not by mens hearts and

56 RECORDS OF THE [I653
intentions, that is a worke propr to the all seeing God, but the
court judges by words and actions, both wch haue eyedently
declared that, contrary to his oath and the law of the jurisdic
tion, he hath received a seditious letter to disturbe the peace
of the jurisdiction, to vndermine and by fore to ouerthrowe
and alter the verey foundations thereof, and indeed to turne
things vpsidowne in church and comonwealth. This letter he
conceales, though receiued as himselfe saith here at Newha
ven, neuer acquaints any magistrate w'h it, nor after at Stam
ford acquaints not the constable or any deputy, till the con- .
stable hearing of it in the towne goes to inquire, and then he
showes it him but in his owne hand ; this letter hee spreads
[39] abroade to kindle a fire and stirr vp the spirits || of
others to the same rebellion, acting himselfe both in publique
and private in a constant way for a good space of time to ouer
throwe the foundations of gouerment here established.
Robert Basset was told this is the substance of the charge
against him, and if he will confess it he may ; if not, then the
court must pduce proofe thereof; then Robert Basset said,
hee sees that in his cariage he hath acted so as the charge
holds forth, wch hee did not see before, and hee hopes hee hath
cause to bless God that hath brought him heither at this time,
for hee sees his course hath bine sinfull and not according to
the light that God hath giuen him.
After this t t was asked who hath bine of this confederacy
w'h him as cl 3ife actors in the buisnes, and what meetings he
had w'h John Youngs at Stamford; hee said John Youngs
was at his he ase, and one Capt. Eason, and they were con
triving to raise forces to goe against the Duch, and some
wrightings were drawne vp concerning the shares of seuerall
officers, w°h wrightings are at his house to bee seene, and for
any at Stamford he named John Chapman, Jeremiah Jagger,
old Newman and William Newman, w°h are vnsatisfyed w'h
the gouerment of the jurisdiction because they haue not their
votes. Robert Basset was told that these men must be sent for and
the wrightings at his house, and the court will meete againe
to consider of these things, and in the meane time hee must

1653] JURISDICTION OF NEW HAVEN. 57
remaine a prisor here at Newhaven, but he can giue securitie
to the valew of fifty pound for his appearance at the court
one Wedensday come seven night, the court will show him
that fauour that he shall be a prisoner in the marshalls
house. It is ordered that a warrant be sent in the name of this
court to warn John Chapman, Jeremiah Jagger and William
Newman, inhabitants of Stamford, to appeare here at New
haven before the generall court, who appoints to meete againe
on Wedensday come seven night, at one a clock in ye after-
noone, to answer such miscariages as shall be laid to their
charge. It is ordered that a serious view be made in euery planta
tion in this jurisdiction, to see who haue taken the oath of
fidellitie & who have not, and that all male psons from sixteene
yeares old and vpward, wch haue not allready taken it, wheth
er chilldren, servants or sojournors, as well as planters, doe
take the said oath, and that at the generall court in May next,
a cirtifycate be brought from each plantation and p'sented
that they haue so taken it, or if any refuse, their names are to
be returned, but if the authority of ye place finde any vnfitt-
ness in any pson by their ignoranc not vnderstanding the na
ture of such an ordinance, they may dispense w% them a con
venient time for the better informing themselues, that ye name
of God may not be taken in vaine.

58 RECORDS OF THE L

[40] At a Generall Court held at Newhauen for the
Jurisdiction, the 22'h of March, 1653.
Present.
Magistrats.
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyear, Dept Gouerr.
Francis Newman, for Newhaven.
Mr. William Leete, for Guilford.
Deputies.
Mr. William Gibbard, j Newhaveu.
Henry Lindon, )
Benjamin Fenn, j Millford.
Robert Treate, )
Mr. Chittendine, | Guilford.
Mr. Jordan, )
Richard Law, ) Stamford.
Francis Bell, )
Mr. Craine, j Brandford.
Samuell Swaine, )
Robert Basset was called before the court, and being re
membred of what was the last court charged vpon him and
confessed by him, he was asked where those wrightings are
wch he informed the court of; he said he thought goodman .
Law had had order to bring them ; he was told so he had, and
did looke in his house, but the wrightings were conveyed away.
Hee was asked what that letter was that he receiued since
w'hout a name ; he said it was a letter from Abraham Kim-
berly, wch he sent to him aboute aboute some buisnes concern
ing Adam Motts saying Baxster was a rogue, and M' Ludlow
was his brother. He was asked what conferrenc hee hath had
here at Newhaven to raise disturbance ; he said hee was once
at the ordinary where some of the towne were, and they were
speaking aboute the designe against the Duch not goeing on,
and hee hearing Scarbrough was coming from Vergenia w'h
a comission against the Duch said, what if a company should
com from the west, and call them to account, but was told that

1653] JURISDICTION OF NEW HAVEN. 59
those' which heard him, speake otherwise, as Richard Beckly,
William Meaker and Edward Pattyson, who testify that Rob
ert Basset said, what if a company, or army, should rise from
the west and call the authority, or colonies, in these pts to ac
count, what would they doe then, and the two latter say that
hee asked if they would joyne w'h them, wch showes that hee
spake it to corrupt them, nor can the court beleeve that he
spake in referrence to Scarbrough then, but of a Malignant
pty w°h hee hoped would rise, to ouerthrow churches and
comonwealthes, as the first letter hee received w'hout a name
imports. Beside all this, Serjant Bell, one of the deputies for Stamford,
informed the court that though Robert Basset iiath bine a
great disturber of their peace in Stamford, at sundrie times
in severall meetings, yet vpon the 7th of March last, the day
that the deputies were to come to the last court, there being
a towne meeting called at Stamford, he caried it worss then
euer before, (though hee seemed before convinced of his mis
cariages and hoped he should neuer so offend againe,) for
when the towne was come together, Robert Basset stood vp
and asked what the meeting was for, Richard Law, the consta
ble, answered, there was a generall court to be at Newhauen,
and deputies were sent for to goe theither ; Robert Basset re-
plyed, they would obey no authority but that wch was from
the State of England; the constable answered, this authority
is the authority of England ; that he denyed and said, then let
vs haue Englands lawes, for England doe not prohibbitt vs
from our votes and liberties, and here wee are, and wee are
cut of from all appeales to England, and wee can [have]
no justice, here; further he said they were made asses of,
[41] || and their backes are allmost broke, and it is time
for them to looke to themselues and to throw their burden of,
for they shall be made very fooles ; and he spake against the
justice of the authority of this jurisdiction; a replye being
by some in defence thereof, hee said, is that authority just,
that makes what lawes they please, executes them as they
please, calls for rates when they please, and neuer so much as
giue them a reason. Francis Bell told him that this should

60 RECORDS OF THE [1653
be declared at the court, hee answered yes, it was his mind
it should be so, and therefore, saith hee, I will say it againe, is
that authority just that makes what lawes they please, executes
them as they please, calls for rates when they please, and
neuer so much as giue them a reason. Hee also said that
they were not so much as neighbours, but bond-men & slaues,
but that being witnessed against, hee justified what hee had
said, saying they must be bond-men or free-men, for their was
no medium. To these passages both the deputies of Stamford
witness to the substance of them, and William Newman to
some of them, but the whole charge was in court owned &
confessed by himselfe, except that passage (that they could
haue no justice here.) Robert Basset was asked if he knew
what libertie men had in England in poynt of vote, he said no;
hee was informed that many thousands in England, of great
estates, and good repute in other respects, haue no vote in
such elections, and was told that as his course and cariage
hath bine full of pride & insolency, himselfe a leader to dis
turbe the peace both of churches and commonwealth, nay to
ouerthrowe all foundations laid here for gouerment, w°h by
oath he stands bound to maintayne and vphold, so he hath dis-
couered a false, rotten spiritt (as was lately obserued by some
of Connecticote in their converse w'h him, and he told of it
in open court.) Somtimes hee seemes to stand and pleade for
the Parliam' & Cofhonwealth of England, as if faithfull to
that cause, and at other, times shewes himselfe a Royalist.
The last yeare, when a marriner, one Thomas Adams, (as hee
called himselfe,) though in appaell and cariage hee acted a
part as if hee had bine the king of Scotts, or some greate
prince, (though not willing to be knowne,) and by some was
called King Tom,) and vnder such a fancy or conceipt came to
Stamford, Robert Basset intertained him at his house, became
his cheife associate while he was there, gaue him gunns at
parting, and being examined concerning him, affirmed he had
ground to satisfy himselfe that he is the King, &c, but was not
willing (as he said) to speake anything to his prejudice.
But beside all these things, there are sundrie passages in ye
wrightings not yet come to hand, wch so farr as the court.haue

1653] JURISDICTION OF NEW HAVEN. 61
information allready they see to be verey offensive and deserve
consideration, and therefore seeing they haue bine conveyed
out of his house to Richard Webbs, as his wife hath confessed
to the court, and that after she heard the constable was to
search for them, the court cannot issue his matters at this time,
and the marshall was ordered to put him in prison, and irons
vpon him for his better securitie ; but vpon his desire, consid
ering the coldness of the season, and the prison house where
is no fire, that they might avoyde crueltie, the court left it to
ye gouernor, magistrats and deputies of ye generall court at
Newhaven, to order his imprisonm*, whether in ye prison or in
ye marshalls house, as they should see cause in refferrence to
his health.
John Chapman, Jeremiah Jagger and William Newman,
inhabitants of Stamford, were called and appeared ; first they
were asked if they had taken the oath of fidellitie to this juris
diction, they all answered yea; then Jeremiah Jagger and
[42] William || Newman were w'hdrawne, and John Chap
man pceeded w'h and charged, that contrary to his oath and
the lawes of the jurisdiction, (wch haue bine published,) he
hath acted in a way of disturbance, vndermining the founda
tions of gouerm' laid in ye jurisdictio, in that he hath bine an
instrum' and the mouth of diuers discontented spirits in Stam
ford to plead for alterations in votes, w°h being granted would
ouerthrowe the frame of gouerm' fundamentally wch his oath
binds him to vphold & peserue, wch in him is worss then in
another, because hee is a freeman and sometime hath bine a
deputie in ye generall court, beside he hath bine instrumentall
and active in carying a wrighting from Stamford to raise an
army w'hout approbation, or so much as the knowledg, of the
authority of the jurisdiction, and that after (as himselfe con
fesses) the authority setled for the jurisdiction at Stamford
had publiquely witnessed against it, yet he goes w'h Robert
Basset to Norwalke, there seekes to stirr them vp to ye same
way and, as himselfe saith, prevayled, and so was to pceed to
Fairfeild, and in all the townes till they came at Newhaven,
had they not by the pvidence of God bine mett betwixt Nor
walke and Fairefeild by Mr. Goodyeare and Mr. Newman, two

62 RECORDS OF THE [1653
magistrats of this jurisdiction then goeing to Stamford to
seeke a setiement of things there, and by them was caused to
returne. Hee was told this a seditious cariage and a way of
insurrection, directly contrary to the express words of a
knowne law, and this he did to disturbe the peace, not onely
in this jurisdiction, but of Connecticot jurisdiction also, so that
had it not bine stopped, who knowes how farr and to what
mischeife it might haue pceeded; and though they pretended
it was against the Duch, yet it was rebellion in them to act in
such a way w'hout and against authority, and it is evident
that the letter Robert Basset receiued, who was a principall
instrument in this buisnes, and according to wch hee acted in
other things, was to ouerthrowe churches and civill gouer.
ment, specially in this colony. John Chapman was wished to
speake for himselfe if he had any thing to object ; he said he
did intend no hurt against the jurisdiction, but he hath noth
ing to say to justify himselfe, but condemnes himselfe exceed
ingly in the thing, for he hath done very foollishly and hopes
it shall be a warning to him for time to come, for though it is
true he was imployed by the towne in that service, yet he now
sees hee should not haue accepted such imployment, but wit
nessed agst it, being contrary to his oath and ye lawes of the
jurisdiction. Jeremiah Jagger was againe called before the court, and
told his way hath bine a way of disturbance in Stamford w°h
hath had influence into the whole jurisdiction, yea he hath
acted so as to ouerthrow the very foundations of gouerm' here
laid, pleading for liberties in votes, that all may chuse officers
for publique trust, and chuse whom they please ; and because
it is not granted, he growes surly and discontented, w°h (as at
other times according to information giuen by ye deputies of
Stamford,) hee did manifest when Mr. Goodyeare and Mr.
Newman were lately at Stamford, saying publiquely in the
towne meeting, in discontent and w'h a surly spirit, that the
court sent to the towne for deputies, but they were the churches
deputies, and who must chuse them, the free-men ; then saith
hee, wee are bond-men, and so will our chilldren bee, therefore
it is time for vs to looke to it; and to Mr. Goodyeare, (wch

1653] JURISDICTION OF NEW HAVEN. 63
[43] John || Benham also heard and now testifyes) he spake
contemptuosly of the comissionrs, saying they satt long, but
what did they, he could haue three or foure plow-men should
doe as much in three or foure dayes ; and when the magistrats
were informed by some that the generality of Stamford did
desire they might haue libertie in vots, but they would be
confined to chuse w'hin the church, but if that would not bee
granted they should rest satisfyed in ye course setled, Jeremiah
Jagger replyed it was not so, but they stood for their full lib
ertie, and spake against those that so informed ; beside all this,
at another meeting when rates haue bine demanded for ye
jurisdictio, he hath showed himselfe discontented and said, let
them take it, but it shall be a packing penny ; and when Rob
ert Basset saide in a towne-meeting, what doe here, wee are
not so much as neighbors, but bond-men, & slaues, wch being
witnessed against by some, Jagger joynes w'h him and saith,
what are wee else. To these things both the deputies testify,
and Francis Bell saith he said at another time, they were no
better then Indians, for what libertie had they more then they ;
and at another time told Francis Bell (when hee was consta
ble) that hee was a silly fellow to bee set in authority ; and
when the deputies haue bine sent for to the court, he hath
spoken contemptuosly of them, saying let them goe, and eate
and drinke, and say as they say, wch last passage Francis Bell
saith was true, but he acknowledged his fault privately to
hime, but now the court heard of it by other meanes and
declared that publique satisfaction should haue bine giuen
for it.
These things being declared, w'h the seuerall proofes of
them, Jeremiah Jagger was told that this is his charge, that
contrary to his oath and the knowne lawes publishd in ye
jurisdiction, he hath gon on from time to time disturbing the
peace of this jurisdiction, and vndermining the gouerm' here
established, pleading for such wayes of voteing as will ouer
throw the foundations laid, and if he may not haue it, then
they are bond-men and so will their chilldren bee, and they
must looke to it in time ; likewise when just rates haue bine
demanded for the jurisdictio, he is discontend, saying let

64 RECORDS OF THE [1653
them haue it, it shall be a packing penny; and when Basset
saith they are bond-men & slaues, hee sides w'h him and saith
what are wee else, nay they were no better then Indians, and
had no more libbertie ; hee hath spoken against the deputies,
and against ye constable, reproaching him as a silly fellow,
beside the contemptuouse words spoken against the comis
sionrs, a cariage not^to be suffered in any member of this
jurisdiction. This charge being read, hee was asked if hee
intended to remoue out of Stamford, he said no ; he was asked
what he ment by saying it should be a packing penny, he said
he could not tell; he was told then the court knowes what
construction to make of it, but he was wished to speake if he
had ought to object against what hath bine charged ; at first
he made sundrie evasions, but afterward did fully confess the
charge was true, and that his speech concerning the comis
sionrs was an vnreverent sinnfull speech, and that he had
caried it ill in all the other respects, and is sorey for it, and
sees now more in these things then euer hee did before, and
were they to doe againe hee should not doe them, and hopes
it will be a warning to him hereafter.
William Newman was called, and told that he is accused by
Robert Basset (amonge others) for being one of the disturbers
of ye peace of Stamford, in pleading for such libertie in votes
[44] as would || ouerthrow the foundations of gouerment
hee laid, w°h by his oath hee should haue vpheld and main-
tayned; he denyed not that hee had pleaded for such libertie
in voteing, but he had bine but as others of the towne haue
bine, but was told he hath bine more forward then others, and
likewise his father should haue bine sent for, whose hand is to
a letter wch is very offensiue to' the court, but in respect of
his age they forbore his father and sent for him; he confessed
his fault, and said he is sorey hee hath giuen the court this
occasion to send for him, and hopes it shall be a warning to
him, and said his father wished him to informe the court that
hee is sorey for what hee hath done, and hopes hee shaU act
no more so.
The court hauing pceeded thus farr w'h these seuerall
offendors, all pties being present, they pceeded to sentence,

1653] JURISDICTION OF NEW HAVEN. 65
and John Chapman and Jeremiah Jagger were told their mis
cariages are of a high nature, and such as by law (wch was
read to them) they may see brings them in question for their
life, but because they will seeke to wine them by lennity, they
shall this time deale fauourably w'h them.
And concerning Jeremiah Jagger, the court orders that he
paye as a fine to the jurisdiction twenty pounds, and that hee
binde himselfe in one hundered pound bond, to attend his
oath of fidellitie hereafter and maintayn the foundations laid
for gouerm' here and the lawes of ye jurisdiction, to the
vtmost of his abillitie, avoyding all wayes of disturbance in
this kinde w°h hee hath formerly gone on in.
For John Chapman, the court ordered that he paye as a fine
to the jurisdiction ten pound, and that hee enter bond to ye
vallew of fifty pound, to attend his oath of fidellitie hereafter
and maintayne the foundations laid for gouerment here and
the lawes of the jurisdiction, to the vtmost of his abillitie,
avoyding all wayes of disturbance in this kinde wch he hath
formerly gone on in.
For William Newman, there is not so much charged against
him, therefore the court passeth it w'hout a fine at this time,
but he is to enter bond to the valew of twenty pound, to attend
his oath of fidellitie hereafter and maintayn the foundations
laide for gouerment here and the lawes of the jurisdiction, to
"the vtmost of his abillitie, avoyding all wayes of disturbance
in this kinde wch he hath formerly gon on in.
Into wch ingagment they all entered into one wrighting for
their severall somes, before the court, wch is as followeth,
Whereas Jeremiah Jagger, John Chapman and William
Newman, inhabitants of Stamford, haue bine questioned in
court and sundrie miscariages proved against them, as the
records of those pceedings will show, now these are to declare
& certify, that wee, Jeremiah Jagger, John Chapman and Wil
liam Newman, doe severally binde ourselues in the somes fol
lowing ; that is, Jeremiah Jagger in ye some of one hundered
pound sterling, John Chapman in fifty pound sterling, and
William Newman in twenty pound sterling, that wee will
hereafter attend our oath of fidellitie and maintayne the foun
dations laid for gouerment here and the lawes of the jurisdic
tion, to the vtmost of our abillitie, avoyding all wayes of dis-
9

66 RECORDS OF THE [1653
turbance in that kinde wch wee have formrly gon on in. In
witnes whereof wee haue herevnto set our hands before the
generall court for ye jurisdiction, at Newhaven this 24'h
March, 16|f.
ty Francis Newman, Secret. Wherevnto they all subscribed.
[45] || The Gouernor read to the court sundrie propositions
made by Docter Chayes, a French physitian, to weh the court
returnd answer that they will allow no sallary, for the other
they object not, but if hee please to goe on in his practise they
shall be willing to imploy him as they see cause.
Mr. Goodyear read to the court a letter from Mr. Youngs,
of Southhold, wherein he informes that himselfe and ye towne
desire the gouernor to vse some meanes for his sonns release,
and that two magistrats may be sent to Southhold. The
gouerno1 told ye court that vpon this letter the magistrats
here at Newhaven mett, sent for Mr. Herbert and Mr. Mo&re,
then in towne, and told them that if they would be bound in
one hundered pounds, that John Youngs should appeare here
at Newhaven at the court of magistrats in the latter end of
May next, to answer what should bee laid agst him, the
gouernor would vse the best means hee could by wrighting to
pcure the release of him & his wampom, but they refused till
they had spoken w'h his father, whereof the gouernor by a
letter, dated the 18'i> of March, 1653, now read, did informe
Mr. Youngs, pastor of ye church at Southhold. The court
vpon such ingagment for his appearance, approved ye meanes
propounded or offered for his inlargment, and that being done,
left it to the gouernor to wright as he sees cause.
And for sending two magistrats to Southhold, if notw'h-
standing what the court hath sent to them they still continew
their desire, and according to their owne proffer send for them
at their owne charge, the court now desires and appoints Mr.
Leete & M' Newman to goe.
The deputies of Millford were desired to speake to M'.
Prudden from ye court, to desire him to preach here at New
haven vpon ye election day next.
A case ppounded by Leiutennant Seely, concerning one of
y° mares weh Baxster tooke from the Duch, w°h he hath

1653] JURISDICTION OF NEW HAVEN. 67
bought of one of Southhold, whether he may not haue libertie
to sell it againe to y8 Duch; the court declared that they
approve not of his buying any of those horses, neuer yet in
any legall way proued to be lawfull prize, and as they haue
hetherto had no hand in medling w'h them, so they resolue
to keepe themselues free.
The Court advised the deputies of Stamford if they see that,
notw'hstanding the courts pceeding w'h these men, some
others in their towne goe on to giue offence in ye same kinde,
they are to binde them to answer it at the next court of magis
trats, in ye latter end of May, and pticularly Tuckee, Theale,
Webb and Finch, who hath caried it ill as the court is in
formed. It is ordered that no pson in this jurisdiction shall imploye
any Indian or Indians to looke after any horses, hoggs, or other
cattell, in ye woods, vnless some Englishman be appointed or
approved by the authoritie of ye place to goe along w'h them,
vnder ye penalty of fiue pound for euery time they shall
breake this order. And if any Indian be found or proued
driuing any horses, hoggs, or other cattell, w'hout ye like
order, it shall be looked vpon in them as theft, & they pceeded
w'h accordingly.
For Thomas Baxster, the court ordered nothing concerning
him now, but waite to see what Connecticote will doe w'h him,
onely now Francis Bell testifyes that hee Thomas Baxster say,
that hee hoped to see some of the comissionrs hanged, or their
heads of before longe, but being then questioned aboute it he
said, he ment them wch were against the warr w'h the Duch.

68 recohds of the L
[46] At a Generall Court held at Newhauen for the
Jurisdiction, the 26'" of Aprill, 1654.
Present.
Magistrats.
Theophilus Eaton, Esq', Gouernor.
Mr. Stephen Goodyear, Dept. Gou'.
Francis Newman, s
Mr. William Fowler, ( Magistrats.
Mr. William Leete, )
Deputies.
Mr. William Gibbard, ) Newhaven.
Henry Lindon, )
Benjamin Fenn, j Millford.
Robert Treatte, )
Leivtennant Chittenden, Q.11iiford.
Mr. Jordan,
Richard Law, Stamford.
Mr. Crane,
Leivtennant Swaine, Brandford.
Vpon information from Millford that Capt. John Manning,
(concerning whose course of tradeing w'h the Duch at the
Munnadoes this last winter, and so furnishing the enimies of
the comonwealth of England w'h provissions, sundrie reports
and complaints haue bine made in these parts,) was to come
theither w'h his vessell, the gouernor advised that Capt. Man
ning should be there questioned concerning the saide offensive
trade, and vpon acknowledgment or proofe thereof, that he
giue bond, w'hin a convenient lymitted season, to answer his
miscariage in England, and that vpon his refusall, the vessell
be staide till further order ; and accordingly he was examined
at Millford, Aprill 19th, 1654, but did peremtorily deny that
he had driven any trade at all w'h the Duch ; and being asked
how oft he had bine at the Munnadoes and at Vergenia since
he was at Millford in Nouember last, he affirmed he had bine
at the Munnadoes but twice, and had bine but once at Verge
nia, and that he brought nothing thence to ye Munnadoes but

1654] jurisdiction of new haven.

69

stones or ballast. This not satisfying at Milford, he came, or
was brought, before the gouernor at Newhaven, where, vpon
examination, he maintayned the two former vntruthes. The
gouernor told him proofe in both cases would be made to the
contrary ; he answered he knew not that he had bine at Ver
genia any more then once ; it was replyed that such voyages
are not so easily made, nor can be so soone forgotten, his
vntruthes were willfull and his cariage offensive.
After wch Mr. Ludlow came, and informed ye gouernor how
inconvenient, and what a damage it would prove to him, if the
vessell were staide wch he had hired to transport him & his
family to Vergenia, and desired the gouernor would giue it
him vnder his hand vpon what ground he made staye of the
vessell, wch being presently done, Mr. Ludlow laide claime to
ye vessell as his, but being minded of what he had said, both
at Fairefeild and here, concerning his hiring her of Capt. Man
ning, and that men need not hire what is their owne, it was at
length agreed, and Mr. Ludlow consented, to ingage for Capt'.
Manning, and to leaue one hundered pound of his estate in
Ensigne Bryans hand for securitie, that Capt. Manning, be
twixt this and the 20th of October next, present himselfe and
this case in the truth of it to the authority in England, and
submitt to and abide their censure therein, and vpon notice
from thence that they are satisfyed, the securitie should bee
[47] || released, and in the nieane time Capt. Manning and
his vessell might attend Mr. Ludlow his occasions in all wayes
alowed by the State of England, &c. ; and of this also Mr.
Ludlow desired and had a copie. But before Mr. Ludlow and
Capt. Manning went hence, information came from Millford
that the vessell (expressly contrary to order giuen) was by
Capt. Mannings men, w'h a high hand and threatening speech
es, caryed away, and was pursued by a shallopp well manned
and armed, sent from Millford. Mr. Ludlow and Capt. Man
ning were againe sent for, and acquainted w'h this affront.
Mr. Ludlow was asked whether hee would notw'hstanding
continewe the foementioned securitie ; at first he demurred
and objected ; being told that if he refused, Capt. Mailing
must be staide here to answer his said trade, he consented and

70 records of the [1654
pmised to make good his saide ingagement at Millford, and
Capt. Manning wondered and seemed troubled that his men
should cary the vessell out of Millford harbour, and profest
he knew nothing of it, though it were after proued vpon oath
that he gaue his men order to goe out of ye harbour into the
roade. But when Mr. Ludlow came w'h Capt. Manning to
Milford, he refused to put in the said securitie, because the
vessell was gone, wherevpon Capt. Manning was sent backe to
Newhaven and a generall court summoned to meete there the
26th of Aprill. In ye meane time Capt. Mailings men, in their
way toward the Duch, perceiveing they could not escape in his
vessell from the shallopp, wch being manned w'h thirteene
men made great speede, & would be much too strong for them,
(though wee heare they had ten gunns,) they left the vessell
adrift, and in ye skiff fled away, takeing w'h them, as is con
ceived, onely Capt. Mannings trunke, w'h his bookes, wright
ings, &c. When she was w'h much charge and hazard
recouered and brought backe to Millford, then Mr. Ludlow
againe tendered the former securitie, but he haueing refused it
before, the case thus altered was brought to a tryall here.
Captaine Manning being called before the court was told, that
by vertue of an order received from the councill of State for
ye common wealth of England, dated July 29th, 1652, he hath
bine formerly examined concerning his late course of tradeihg
w'h and supplying the Duch with provissions, who haue de
clared themselues enemies to that comonwealth, but heitherto
he hath drawne guilt vpon himselfe by continewed, willfull
vntruthes, or lyes ; this court doth therefore againe require
an account how oft he hath bine at the Manhatoes this winter,
and how often at Vergenia, and what he hath brought either
from Boston or from Vergenia & traded w'h the Duch.
Wherevpon he now acknowledged that he had bine three
times at the Munnadoes, and twice at Vergenia this last win
ter ; the first time at the Munnadoes was aboute Nouember
last, and then he caried aboute tenn tunn of goodes for one
Mr. Foster, viz', wine, salt and bread; ye pticulars he men
tioned, was aboute sixty bushells of salt, forty hundered weight
of bread, and aboute eleuen quarter caske of wine, some of

1654] jurisdiction of new haven. 71
w°h goods were disposed of at the Munnadoes, and he suppo-
seth the rest at Vergenia. The salt, he saith, was much of it
lost by reason of foule weather, and two thousand pound of
bread, wch he saith was not fitt for hoggs, and was cast ouer-
board at the Munnadoes. Beside this he saith he had eight
tun more of such goods aboard, w'h some suger, vpon his
owne account. Being asked what he sould of them at the
Munnadoes, he said he could not tell, because his men had
caried away his bookes, but he went not w'h an intent to sell
anything there, and said he could bring cirtifycate that he
caryed fourteene tunn of goods to Vergenia. Being asked
what he tooke in at the Manhatoes, he saide, not halfe a tunn ;
he was asked how much beavor ; he said he saw no beavor
brought on board, but confesseth he sould two or three hun
dred weight of suger there ; he was asked what he brought to
the Munnadoes from Vergenia in his two voyages from thence ;
he said, each time thirty fiue hogsheads of tobaco, but not on
of them his owne, (wch was not beleeved ;) being asked whose
it was, he said part belonged to on Duncome in Virgenia,
part to one Whorree, and pt to a Duch-man. He was asked
[48] || how this agrees w'h his profession of loyalty & service
to the comonwealth of England, thus to succour their enemies,
be their factor or agent, transport tobacoes for them and others
to the Duch jurisdiction, to defraude ye commonwealth of Eng
land of their customs ; he said he did not defraude them, the
gouernour received the customs in Vergenia; he was told it
was not so, the gouernor may take what is due in Vergenia,
but not the custom due in England ; this tobaco must have
paide custom in England if carryed thether, and would haue
bine seized if knowne to be Duch-mens goods, w°h he could,
not denye.
After these examinations and confessions, Capt. Manning
desired to speake privately w'h the court, and did profess he
did all this as a service to the comonwealth of England ; being
asked how, he said to make discovery at and of the Munna
does, that he might take advantage to surprise it, and intima
ted that some in Vergenia knew the plott & that it was laide
in England, wch was neither beleeved by the court, nor could

72 RECORDS OF THE [1654
he cleere or prove it; but being asked what comission he had
so to doe, who gaue him a dispensation to breake the lawes or
orders of England in tradeing w'h and releiuing their enemies
vnder such a pretence, or whether he had advised w'h any
authority in New England aboute it, he could answer nothing.
The Court considering Capt. Mannings confessions, and
findeing them farr short of what hath bine constantly reported
of his trade of salt, a skepple (wch is aboute three peckes) for
a beavor skin, and biskitt at a high price, w'h other comodities,
first minded him of his vntruthes, or rather made lyes, boldly
psisted in; but he requiring proofe, Mr. William Fowler,
magistrate, Benjamin Fenn and Robert Teatt, deputies for
this generall court, and Jn° Baldwin, marshall, all of Milford,
did vpon oath affirme before him in court, that in their hear
ing at Milford he did absolutely deny that he had bine any
more then once at Virgenia and twice at the Munnadoes, since
he was at Milford in Nouember last, and did further denye
that he brought any cargo or ladeing at all from Virgenia but
stones to ye Munnadoes, and that he had not traded at all w'h
ye Duch, but had turned all his cargo for England, and he
affirmed the same vpon his examination before authority here,
yet a littell before he came to Millford he tould Ensigne Bryan
at Mr. Ludlowes house in Fairfeild, (as Ensigne Bryan vnder
his hand testifieth,) that he had bine twice at Vergenia since
he went by Millford, & the same he now fully acknowledged
in court.
And concerning his mens carying his vessell out of Milford
harbour in contempt of authority, he professed before ye
gouernor he knew nothing of it, as before, yet Mr. Samuell
Mayo, vpon oath taken before Mr. Fowler at Millford, the 20th
of Aprill, 1654, testifyeth, that Capt. Manning gaue order to
his company, that if he did not come that night they should
cary out the vessell into ye roade and staye till he came.
Thomas Burrett, a seaman w'h Capt. Manning, vpon oath
taken before Mr. Fowler at Millford, the 19th of Aprill, 1654,
testifyeth that he knowes of no trade betwixt Capt. Manning
and the Duch, saue two barrells of small beare and aboute the
vallew of thirty pounds worth of beauour, for wampom that
he brought from Boston.

1654] JURISDICTION OF NEW HAVEN. 73
Martine Notus, a Duchman, (another of Capt. Mannings
men,), vpon oath at the same time affirmed, that he knowes of
no other trade of Captaine Manning w'h the Duch saue that
litle packe of beavor and two barrells of small beare.
Lawrance Pollett, one of Capt. Mannings company, being
now ashoare, by reason that one of the company aboard gaue
him a blow on the head, because he did not light a match
presently, saith that they would goe away w'h the vessell to
ye Manhatoes and leaue the Capt. behinde, and saith the com-
[49] pany answered the English, that if they came || aboard,
be it vpon their perrill, for they would shott ; also he saith
that Capt. Manning hath bine two times at Vergenia since he
came from Boston, and brought thirty six hogsheads of tobaco
the one time, and thirty fiue the other time.
Testifyed vpon oath at Millford, the 20th of Aprill, 1654.
Before me, William Fowler.
Captaine Manning was asked if he had anything more to say
for himselfe, before the court proceeded to sentence ; he said
he could bring cirtifycate from Vergenia to cleare himselfe ;
being asked if he could bring cirtifycate to ouerthrow his
owne confession, or proue that his selling salt, suger and other
pvissions to ye Duch, and transporting tobaco for them to ye
Munnadoes is a service to ye commonwealth of England, he
was silent. Hee also prsented a cirtifycate from Grauesand, a
small plantation w'hin ye Duch jurisdiction, vnder the hand
of Sr Henry Mody, Knight, and some others, directed to all
admiralls, vice admiralls, captaines, &c. that he had tendered
himselfe and vessell to serue ye comonwealth of England, but
in what, is not expressed, nor did ye court looke vpon it as at
all concerning them, but rather as the contrivment of a guilty
man to secure himselfe (if it might be) from such as by comis
sion might either seize the Duch, or such as in an vnderhand
way furnish, releiue & support them. But he hauing no more
to say, the court proceeded to sentence, and vpon the order
before mentioned, w'h due respect to his owne carriage, con
fession and proofe, it was ordered, that Capt. Manning for two
lyes (at least) told and so psisted in before authority, shall
paye as a fine, (according to a law in this jurisdiction,) twenty
shillings ; that he beare all his owne charges, both here and at
Millford, and his vessell, w'h all his goods in her, by vertue of
10

74 RECORDS OF THE

[1654

ye forementioned order from England, is by this court judged
lawfuU prize ; and of these pceedings they will (w'h their first
conveniency) giue an humble account to ye State of England,
and in ye meane time ordered, that a copie be at his charge
deliuered to Capt. Manning.
After sentence, vpon Capt. Mannings desire, the court
granted to him that both all his owne weareing apparell in
ye vessell, and likewise the wearing apparrell belonging to
Lawrance Pollett, one of his men, who had no hand in carrying
away the vessell, be freely deliuered to them.
Lawrance Pollett, a Frenchman, and one of Capt. Mannings
men, complained to ye court that his master refuseth to paye
him six momithes wages at twenty shillings the moneth, due
to him for so longe service in ye vessell. Capt. denyed not
that so much was due to him, but would haue had him paide
out of the vessell, but was told there is no reason for it, he
hath received ye fraight and he must paye the wages," and
accordingly ordered, that Capt. Manning paye the said Pollett
six pounds, w°h he promised to doe.
The Court took into consideration what alowance might be
made to ye men wch went from Millford w'h some hazard, to
recouer Capt. Mannings vessell out of the hand of bold, des
perate men, armed, (in w°h service they were aboute foure
and twenty howers,) and being willing to incourage them and
others in such publique service, either for the comon wealth of
England, or for this jurisdiction, did order that they should
haue twenty shillings apeece allowed to them out of ye price
of ye vessell, and that what other charges haue bine aboute it
is to be borne out of ye same prize by the jurisdiction ; and
also, that those that haue attended this court aboute it, haue
their charges allowed them whilest they so attended.
It is ordered that the vessell and tackling w°h belongs to
her, wch was Capt. Mannings, and now judged lawfuU prize,
should be sould at Millford on Tuesday next, at three a clocke
in ye afternoone, by an inch of a candell, he that offeres most
to haue her, and that the price as it shall fall shall be paide in
beefe, porke, wheat, pease, of each a like quantity, all of it
good and merchantable, and at currant price as it goes at time

1654] JURISDICTION OF NEW HAVEN. 75
of payement, wch is at or before the first of Nouember next,
and that standing securitie be given, to ye satisfaction of ye
authority at Milford, that the paye be made according to this
order ; and for sundrie other things in ye vessell, as appeares
by an inventory taken, (wch are not alowed Captaine Manning
& his man,) shall be sould by themselues at a due price, and
ye same paye, or better, Robert Treatt now profferring corne
for them at the price they are in ye said inventory vallewed at.
[50] || Thomas Baxster being sent backe from Connecticot,
was called before the court, and first the charges laide against
him here in his passage towards Hartford were read, together
w'h the testimonies giuen in vpon oath to proue them sever
ally, and he was told that this court doe not atgall medle w'h
his cariage to the Duch Jurisdiction, whether at land or sea,
or whether it concernd Duchmen or English vnder that gouer
ment, nor w'h offences giuen at Fairefeild, or his seizing the
vessell belonging to Mr. Mayo, an Englishman of Plymouth
Colonie, against whom neither trade, nor any complyance w'h
the Dutch, contrary to the orders or directions of ye comon
wealth of England is proued, but onely w'h the affronts he
hath giuen, and the publique disturbance he hath made or
indeavoued w'hin this colony; and leauing his injurious
cariag towards Mr. Fowler, in intertaining & keepeing his
servant against the masters will, (mentioned at the former
court in March,) to further consideration, when M. Fowler
sees cause, his publique miscarriages in this jurisdiction were
abridged & .reduced to these heads,
At Stamford he declared himselfe, that if any man traded
but six penc w'h the Duch, he would take from him all that
euer he had. Testifyed vpon oath by John Finch senibr and
Elizabeth Jagger.
Hee there further expressed his resolution to flourish his
coulors, and beat vp the drumm for souldiours, (and w'hout
any consent of authority,) and see who durst oppose him, he
knew there were but three or foure in Stamford who were his
enemies, and they were enemies and traytors to ye State of
England. Testifyed by Richard Mills vpon oath.
Hee there further professed he had or would doe something

76 RECORDS OF THE [1654
to sett New England together by the eares. Testifyed vpon
oath by George Slawson and John Finch. Wch designe of
his (could he haue reached it) would haue bine accounted a
merritorious service to the Dutch, much ouerballancing all the
hurt he could doe them by petty plunderings at sea or land.
The first of March last, Thomas Baxster coming in a can-
now of M1'. Fowlers into Millford harbour to seize what he
could belonging to Captaine Creeger, a Duch man, one of Mill
ford told him it was their magistrats cannowe, he must leaue
it there, and laid hands one the head of the cannowe to staye
it, but Thomas Baxster not onely refused, but strooke the man
w'h a halfe pike betwixt the head and shoulders, and one of
Baxsters company strooke at his hand w'h a courtlace, another
cockt his gunn and prsented it against him, and others stood
w'h their peeces ready cockt and presented. Ensigne Bryan
bad Baxster take heede he did not shoote, but one of his men
boldly replyed he would shoote. Abundantly testifyed by
Ensigne Bryan and diuers others of Milford. Wch might
haue cost blood, euen the lives of Thomas Baxster and many
others, had Milford men bine armed, but was a great affront
and contempt of authority there, and directly contrary to the
express words of his commission.
The charge being thus laide and proved, Thomas Baxster
was asked if he had any thing to say, either to weaken the
evidence or to justifye himselfe in these courses ; he pretended
he did not remember some of the pticulars, acknowledged he
could not object against the witnesses, and feared that in
passion and distemper he might speake such things as are
charged; he therefore left himselfe w'h the court, desiring
them to be fauourable to him; and accordingly after due con
sideration, the court passed this sentence, That Thomas Bax
ster paye all charges expended through his default, whether
hee or at Millford, since he was first apprehended, and that
[51] for the || forementioned miscariages and disturbances,
he paye twenty pounds as a fine to the jurisdiction, and giue
his owne bond of one hundered pounds, (himselfe professing,
and the court apprehending he can giue no securitie,) that he

1654] JURISDICTION OF NEW HAVEN. 77
doe not in any kinde hereafter disturbe the peace of this juris
diction, or of any plantations or psons therein.
And though it be propounded to this jurisdiction that
Thomas Baxster and his commission be sent to Roade Island,
yet if Connecticote consent, this court conceiue Roade Island,
haueing called in his commission, will be satisfyed if Thomas
Baxster doe here resigne his comission, acknowledging his
miscariages on the backe side of it vnder his hand. This the
court propounded to Thomas Baxster, offering to wright to
Connecticot accordingly, yet gaue him his free choyce, either
to goe to Roade Island or to resigne as before. Thomas Bax
ster, after some time granted him for consideration, chose the
latter, and accordingly, w'h such an acknowledgment, gaue
vp his comission. And vpon his ingagement by promise to
returne heither againe the 8th of May next, or sooner if
called for, and duely to attend what further order and
directions either authority here, or Connecticot should giue,
he had libertie to goe to Fairfeild to order his family occa
sions. Mr. Goodyear was desired to informe^those of Newhaven
w°h have part of Paugaset w'h him, that the court expects
an answer from them, at the generall court in May next,
whether they will put the said place vnder this jurisdiction
or no.

At a Court of Magistrats held at Newhauen for the
Jurisdiction, the 29th of May, 1654.
Present.
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeare, Dept' Gouerno1'.
Francis Newman, \
M1'. William Fowler, ( Magistrats.
Mr. William Leete, )
Thomas Staplies of Fairfeild, plant' '. ) John Bankes,
M'. Rogger Ludlow late of Fairfeld, defendt. J atturny for
Thomas Staplies, declared, that Mr. Ludlow had defamed
Thomas Staplies wife, in reporting to Mr. Dauenport and

78 RECORDS OF THE [1654
Mr'8. Dauenport that she had laid herselfe vnder a new suspi-.
tion of being a witch, that she had caused Knapps wife to be
new searched after she was hanged, and when she saw the
teates, said if they were the markes of a witch, then she was
one, or she had such markes; secondly, Mr. Ludlow said
Knapps wife told him that goodwife Staplies was a witch ;~
thirdly, that Mr. Ludlow hath slandered goodwife Staplies in
saying that she made a trade of lying, or went on in a tract of
lying, &g.
Ensigne Bryan, atturny 'for Mr. Ludlow, desired the charge
might bee proued, wch accordingly the plant' did, and first an
attestation vnder Master Dauenports hand, conteyning the
testimony of Master and Mistris Dauenport, was presented
and read ; but the defendant desired what was testified and
accepted for proofe might be vpon oath, vpon wch Mr. Dauen
port gaue in as followeth, That he hoped the former attesta
tion hee wrott and sent to the court, being compared w'h Mr.
[52] Ludlowes letter, || and Mr. Dauenports answer, would
haue satisfyed concerning the truth of the pticulars w'hout
his oath, but seeing Mr. Ludlowes atturny will not be so satis
fyed, and therefore the court requires his oath, and y' he
lookes at an oath, in a case of necessitie, for confirmation of
truth, to end strife among men, as an ordinance of God, accord
ing to Heb: 6, 16, hee therevpon declares as followeth,
That Mr. Ludlow, sitting w'h him & his wife alone, and
discoursing of the passages concerning Knapps wife the witch,
and her execution, said that she came downe from the ladder,
(as he vnderstood it,) and desired to speake w'h him alone,
and told him who was the witch spoken of; and so farr as he
remembers, he or his wife asked him who it was; he said she
named goodwife Stapleies; Mr. Dauenport replyed that hee
beleeued it was vtterly vntrue and spoken out of malice, or te
that purpose; Mr. Ludlow answered that he hoped better of
her, but said she was a foolish woman, and then told them a
further storey, how she tumbled the corpes of the witch vp &
downe after her death, before sundrie women, and spake to this
effect, if these be the markes of a witch I am one, or I haue
such markes. Mr. Dauenport vtterly disliked the speech, not

1654] JURISDICTION OF NEW HAVEN. 79
haueing heard anything from others in that pticular, either for
her or against her, and supposing Mr. Ludlow spake it vpon
such intelligenc as satisfyed him; and whereas Mr. Ludlow
saith he required and they promised secrecy, he doth not
remember that either he required or they pmised it, and he
doth rather beleeue the contrary, both because he told them
that some did ouerheare what the witch said to him, and
either had or would spread it abroad, and because he is care-
full not to make vnlawfull promises, and when he hath made
a lawfull promise he is, through the help of Christ, carefull to
keepe it.
Mris. Dauenport saith, that Mr. Ludlow being at their house,
and speakeing aboute the execution of Knapps wife, (he being
free in his speech.) was telling seuerall passages of her, and to
the best of her remembranc said that Knapps wife came downe
from the ladder to speake w'h him, and told him that goodwife
Staplyes was a witch, and that Mr. Daueport replyed some
thing on behalfe of goodwife Staplies, but the words she
remembers not; and something Mr. Ludlow spake, as some
did or might ouerheare what she said to him, or words to that
effect, and that she tumbled the dead body of Knapps wife vp
& downe and spake words to this purpose, that if these be the
markes of a witch she was one, or had such markes ; and con
cerning any promise of secrecy she remembers not.
Mr. Dauenport and Mris. Dauenport affirmed vpon oath, that
the testimonies before written, as they properly belong to each,
is the truth, according to their best knowledg & memory.
Mr. Dauenport desired that in takeing his oath to be thus
vnder stood, that as he takes his oath to giue satisfaction to the
court and Mr. Ludlowes atturney, in the matters attested be
twixt M' Ludlow & Thomas Staplies, so he lymits his oath
onely to that pt and not to ye preface or conclusion, they being
no pt of the attestation and so his oath not required in them.
To the latter pt of the declaration, the plant' pduced ye
proofe following,
Goodwif Sherwood of Fairfeild affirmeth vpon oath, that
vpon some debate betwixt Mr. Ludlow and goodwife Staplies,
she heard M' Ludlow charge goodwif Staplies w'h a tract of

80 RECORDS OF THE [1654
lying, and that in discourse she had heard him so charge her
seuerall times.
John Tompson of Fairfeild testifyeth vpon oath, that in dis
course he hath heard Mr. Ludlow express himselfe more then
once that goodwife Staplies went on in a tract of lying, and
when goodwife Staplyes hath desired Mr. Ludlow to convince
her of telling one lye, he said she need not say so, for she
went on in a tract of lying.
Goodwife Gould of Fairefeild testifyeth vpon oath, that in
a debate in ye church w'h Mr. Ludlow, goodwife Staplyes
[53] desired him to show her wherein she || had told one lye,
but Mr. Ludlow said she need not mention pticulars, for she
had gon on in a tract of lying.
Ensigne Bryan was told, he sees how the plantife hath
proued his charge, to w°h he might now answer ; wherevpon
he presented seuerall testimonies in wrighting vpon oath, taken
before Mr. Wells and Mr. Ludlow. The plant' objected that
the wrighting presented was not that wch was written from
the witnesses by M1'. Ludlow himselfe, w°h he thought was
not so faire pceeding as if another who was not interessed had
writt them, but these are copies, yet not attested by the hand
of any publique officer to be true copies, yet the court caused
ym to be read that they might make such vse of them as they
should se cause, wch testimonies are as followeth,
May the thirteenth, 1654.
Hester Ward, wife of Andrew Ward, being sworne de-
poseth, thai aboute a day after that goodwife Knapp was con
demned for a witch, she goeing to ye prison house where the
said Knapp was kept, she, ye said Knapp, voluntarily, w'hout
any occasion giuen her, said that goodwife Staplyes told her,
the said Knapp, that an Indian brought vnto her, the said
Staplyes, two litle things brighter then the light of the day,
and told the said goodwife Staplyes they were Indian gods, as
the Indian called y« ; and the Indian w'hall told her, the said
Staplyes, if she would keepe them, she should be so big rich,
all one god, and that the said Staplyes told the said Knapp,
she gaue them again to the said Indian, but she could not tell
whether she did so or no.

1654] JURISDICTION OF NEW HAVEN. 81
Luce Pell, the wife of Thomas Pell, being sworne deposeth
as followeth, that aboute a day after goodwife Knapp was con
demned for a witch, Mris. Jones earnestly intreated her to goe
to ye said Knapp, who had sent for her, and then this deponent
called the said Hester Ward, and they went together; then the
said Knapp voluntarily, of her owne accord, spake as the said
Hester Ward hath testifyed, word by word; and the said Mris.
Pell further saith, that she being one of ye women that was
required by the court to search the said Knapp before she was
condemned, & then M^8. Jones presed her, the said Knapp,
to confess whether ther were any other that were witches,
because goodwife goodwife Basset, when she was condemned,*
said there was another witch in Fairefeild that held her head
full high, and then the said goodwife Knapp stepped a litle
aside, and told her, this deponent, goodwife Basset ment not
her ; she asked her whom she rnent, and she named goodwife
Staplyes, and then vttered the same speeches as formerly con
cerning ye Indian gods, and that goodwife Staplyes her sister
Martha told the said goodwife Knapp, that her sister Staplyes
stood by her, by the fire in there house, and she called to
her, sister, sister, and she would not answer, but she, the said
Martha, strucke at her and then she went away, and ye next
day she asked her sister, and she said she was not there ; and
Mris. Ward doth also testify w'h M"8. Pell, that the said
Knapp said the same to her; and the said Mrs. Pell saith, that
aboute two dayes after the search afforesaid, she went to ye
said Knapp in prison house, and the said Knapp said to her, I
told you a thing the other day, and goodman Staplies had bine
w'h her and threatened her, that she had told some thing of
his wife that would bring his wiues name in question, and this
deponent she told no body of it but her husband, & she was
much moued at it.
Elizabeth Brewster being sworne, deposeth and saith, that
after goodwife Knap was executed, as soone as she was cut
downe, she, the said Knapp, being caried to the graue side,
goodwife Staplyes w'h some other women went to search the
said Knapp, concerning findeing out teats, and goodwife Sta
plyes handled her verey much, and called to goodwife Lock-
wood, and said, these were no witches teates, but such as she
herselfe had, and other women might haue the same, wringing
her hands and takeing ye Lords name in her mouth, and said,
# Reference is made a little further on, to the confession made by " the witch at the
other town." We find in the records of Connecticut, under date of May, 1651, that
governor Haynes, Mr. Cullick and Mr. Clarke were desired to go down to Stratford, to
keep court upon the trial of goody Bassett for her life.
11

82 RECORDS OF THE [1654
will you say these were witches teates, they were not, and
called vpon goodwife Lockwood to come & see them; then
this deponent desired goodwife Odell to come & see, for she
had bine vpon her oath when she found the teates, and she,
this.depon', desired the said Odill to come and clere it to good-
[54] wife Staplies ; || goodwife Odill would not come ; then
the said Staplies still called vpon goodwife Lockwood to come,
will you say these are witches teates, I, sayes the said Staplies,
haue such myselfe, and so haue you if you search yorselfe;
goodwife Lockwood replyed, if I had such, she would be
hanged ; would you, sayes Staplies," yes, saith Lockwood, and
deserve it ; and the said Staplies handeled the said teates very
much, and pulled them w'h her fingers, and then goodwife
Odill came neere, and she, the said Staplies, still questioning,
the said Odill told her no honest women had such, and then
all the women rebuking her aad said they were witches teates,
then the said Staplies yeilded it.
Mary Brewster being sworn & deposed, saith as followeth,
that she was present after the execution of ye said Knapp, and
she being brought to the graue side, she saw goodwife Staplyes
pull the teates that were found aboute goodwife Knapp, and
was verey earnest to know whether those were witches teates
w°h were found aboute her, the said Knapp, wn the women
searched her, and the said Staplyes pulled them as though she
would haue pulled them of, and prsently she, this depon',
went away, as hauing no desire to looke vpon them.
Susan Lockwood, wife of Robert Lockwood, being sworne
& examined saith as foil, that she was at the execution of
goodwife Knapp that was hanged for a witch, and after the
said Knapp was cut downe and brought to the graue, goodwife
Staplyes, w'h other women, looked after the teates that the
women spake of appointed by the magistrats, and the said
goodwife Staplies was handling of her where the teates were,
and the said Staplies stood vp and called three or foure times
and bid me come looke of them, & asked her whether she
would say they were teates, and she made this answer, no
matter whether there were teates or no, she had teates and
confessed she was a witch, that was sufficient; if these be
teates, here are no more teates then I myselfe haue, or any
other women, or you either if you would search yor body ; this
depon' saith she said, I know not what you haue, but for her
selfe, if any finde any such things aboute me, I deserved to be
hanged as she was, and yet afterward she, the said Staplyes,
stooped downe agame and handled her, ye said Knapp, verey
much, aboute ye place where the teates were, and seuerall of

1654] JURISDICTION OF NEW HAVEN. 83
ye women cryed her downe, and said they were teates, and
then she, the said Staplyes, yeilded, & said verey like they
might be teates.
Thomas Sheruington & Christopher Combstocke & goodwife
Baldwine were all together at the prison house where good-
wife Knapp was, and ye said, goodwife Baldwin asked her
whether she, the said Knapp, knew of any other, and she said
there were some, or one, that had receiued Indian gods that
were very bright; the said Baldwin asked her how she could
tell, if she were not a witch herselfe, and she said the party
told her so, and her husband was witnes to it; and to this they
were all sworne & doe depose.
Rebecka Hull, wife of Cornelius Hull, being sworne & ex
amined, deposeth & saith as followeth, that when goodwife
Knapp was goeing to execution, Mr. Ludlow, and her father
Mr. Jones, pressing the said Knapp to confess that she was a
witch, vpon weh goodwife Staplies said, why should she, the
said Knapp, confess that wch she was not, and after she, the
said goodwife Staplyes, had said so, on that stood by, why
should she say so, she the said Staplyes replyed, she made no
doubt if she the said Knapp were one, she would confess it.
Deborah Lockwood, of the age of 17 or thereaboute, sworne
& examined, saith as followeth, that she being present when
goodwife Knapp was goeing to execution, betweene Tryes &
the mill, she heard goodwife Staplyes say to goodwife Gould,
[55] she was pswaded || goodwife Knapp was no witch ; good-
wife Gould said, sister Staplyes, she is a witch, & hath con
fessed had had familiarity w'h the Deuill. Staplies replyed,
I was w'h her yesterday, or last night, and she said no such
thing as she heard. Aprill 26'", 1654.
Bethia Brundish, of the age of sixteene or thereaboutes,
maketh oath, as they were goeing to execution of goodwife
Knapp, who was condemned for a witch by the court & jury
at Fairfeild, there being present herselfe & Deborah Lockwood
and Sarah Cable, she heard goodwife Staplyes say, that she
thought the said goodwife Knapp was no witch, and goodwife
Gould presently reproued her for it.
Witnes Jurat' die & anno prdicto,
Andrew Warde, Coram me, Ro Ludlowe.
The plant' replyed that he had seuerall other witnesses wch
he thought would cleere the matters in question, if the court
please to heare them, wch being granted, he first presented a

84 RECORDS OF THE , [1654
testimony of goodwife Whitiocke of Fairfeild, vpon oath taken
before Mr. Fowler at Millford, the 27't of May, 1654, wherein
she saith, that concerning goodwife Staplyes speeches at at the
execution of goodwife Knapp, she being present & next to
goody Staplyes when they were goeing to put the dead corpes
of goodwife Knapp into the graue, seuerall women were look
ing for the markes of a witch vpon the dead body, and seuerall
of the women said they could finde none, & this depon' said,
nor I; and she heard goodwife Staplyes say, nor I; then came
one that had searched the said witch, & shewed them the
markes that were vpon her, and said what are these ; and then
this depon' heard goodwife Staplyes say she never saw such in
all her life, and that she was pswaded that no honest woman
had such things as those were ; and the dead corps being then
pvsently put into the graue, goodwife Staplyes & myselfe
came imediately away together vnto the towne, from the place
of execution.
Goodwife Barlow of Fairfeild before the court did now tes
tify vpon oath, that when Knapps wife was hanged and ready
to be buried, she desired to see the markes of a witch and
spake to one of her neighbours to goe w'h her, and they looked
but found them not ; then goodwife Staplyes came to them, and
one or two more, goodwife Stapleyes kneeled downe by them,
and they all looked but found ym not, & said they saw nothing
but what is comon to other women, but after they found them
they all wondered, and goodwife Staplyes in pticular, and said
they neuer saw such things in their life before, so they went
away. The wife of John Tompson of Fairefeild testifyeth vpon oath,
that goodwife Whitlock, goodwife Staplyes and herselfe, were
at the graue and desired to see ye markes of the witch that
was hanged, they looked but found them not at first, then the
midwife came & shewed them, goodwife Staplyes said she
neuer saw such, and she beleeved no honest woman had such.
The wife of Richard Lyon, and goodwife Squire of Faire
feild affirme to the same purpose, as appeares by a wrighting
prsented, but not vpon oath.
Goodwife Sherwood of Fairefeild testifyeth vpon oath, that

1654] JURISDICTION OF NEW HAVEN. 85
that day Knapps wife was condemned for a witch, she was
there to see her, all being gone forth but goodwife Odill and
her selfe, then their came in Mris. Pell and her two daughters,
Elizabeth & Mary, goody Lockwood and goodwife Purdy;
M1"8. Pell told Knapps wife she was sent to speake to her, to
[56] haue her confess that for w°h she was || condemned, and
if she knew any other to be a witch to discover them, and told
her, before she was condemned she might thinke it would be
a meanes to take away her life, but now she must dye, and
therefore she should discouer all, for though she and her
family by the providence of God had brought in nothing
against her, yet ther was many witnesses came in against her,
and she was cast by the jury & godly magistrats hauing found
her guilty, and that the last evidence cast the cause. So the
next day she went in againe to see the witch w'h other neigh
bours, there was Mr. Jones, M"8. Pell & her two daughters,
Mris. Ward and goodwife Lockwood, where she heard M"8.
Pell desire Knapps wife to lay open herselfe, and make way
for the minister to doe her good ; her daughtr Elizabeth bid
her doe as the wilch_jit_the^ other towne did, that is, discouer
all she knew to be witches. * Goodwife Knapp said she must
not say anything wch is not true, she must not wrong any
body, and what had bine said to her in private, before she
went out of the world, when she was vpon the ladder, she
would reveale to Mr. Ludlow or ye minister. Elizabeth
Bruster said, if you keepe it a litle longer till you come to the
ladder, the diuill will haue you quick, if you reveale it not till
then. Good : Knapp replyed, take heed the devile haue not
you, for she could not tell how soone she might be her com-
"panyon, and added, the truth is you would haue me say that
goodwife Staplyes is a witch, but I haue sinns enough to
answer for allready, and I hope I shall not add to my con
demnation ; I know nothing by goodwife Staplyes, and I hope
she is an honest woman. Then goodwife Lockwood said,
goodwife Knapp what ayle you ; goodman Lyon, I pray speake,
did you heare vs name goodwif Staplyes name since we came
hee ; Lyon wished her to haue a care what she said and not
breed differenc betwixt neighbours after she was gone ; Knapp

86 RECORDS OF THE [1654
replyed, goodman Lyon hold yor tongue, you know not what
I know, I haue ground for what I say, I haue bine fished
w'hall in private more then you are aware of; I apprehend
goodwife Staples hath done me some wrong in her testimony,
but I must not render euill for euill. Then this depon' spake
to goody Knapp, wishing her to speake w'h the jury, for she
apprehended goodwife Staplyes witnessed nothing contrary to
other witnesses, and she supposed they would informe her that
the last evidenc did not cast ye cause ; she replyed that she
had bine told so w'hin this halfe houre, & desired Mr. Jones
and herselfe to stay and the rest to depart, that she might
speake w'h vs in private, and desired me to declare to Mr.
Jones what they said against goodwife Staplyes the day before,
but she told her she heard not goodwife Staplyes named, but
she knew nothing of that nature ; she desired her to declare
her minde fully to M' Jones, so she went away.
Further this depon' saith, that comeing into the house where
the witch was kept, she found onely the wardsman and goodwife
Baldwine there, goodwife Baldwin whispered her in the eare and
said to her that goodwife Knapp told her that a woman in ye
towne was a witch and would be hanged w'hin a twelue moneth,
and would confess herselfe a witch and cleere her that she was
none, and that she asked her how she knew she was a witch, and
she told her she had received Indian gods of an Indian, wch are
[57] shining || things, wch shine lighter then the day. Then
this depon' asked goodwife Knapp if she had said so, and she
denyed it; goodwife Baldwin affirmed she did, but Knapps
wife againe denyed it and said she knowes no woman in the
towne that is a, witch, nor any woman that hath received
Indian gods, but she said there was an Indian at a womans
house and offered her a coople of shining things, but the
woman neuer told her she tooke them, but was afraide and
ran away, and she knowes not that the woman euer tooke
them. Goodwife desired this depon' to goe out and speake
w'h the wardsmen; Thomas Sherrington, who was one of
them, said hee remembred not that Knapps wife said a woman
m the towne was a witch and would be hanged, but spake
something of shining things, but Kester, Mr. Pells man, being

1654] JURISDICTION OF NEW HAVEN. 87
by said, but I remember; and as they were goeing to the
graue, goodwife Staplyes said, it was long before she could
beleeve this poore woman was a witch, or that their were any
witches, till the word of God convinced her, wch saith, thou
shalt not suffer a witch to liue.
Thomas Lyon of Fairfeild testifyeth vpon oath, taken before
Mr. Fowler, the 27th May, 1654, that he being set by authority
to watch w'h Knapps wife, there came in M"8. Pell, Mr8.
Ward, goodwife Lockwood, and M"8. Pells two daughters;
the fell into some discourse, that goodwife Knapp should say
to them in private wch goodwife Knapp would not owne, but
did seeme to be much troubled at them and said, the truth is
you would haue me to say that goodwife Staplyes is a witch ; I
haue sinnes enough allready, I will not add this to my con
demnation, I know no such thing by her, I hope she is an
honest woman ; then goodwife Lockwood caled to mee and
asked whether they had named goodwife Staplyes, so I spake
to goodwife Knapp to haue a care what she said, that she did
not make difference amongst her neighbours when she was
gon, and I told her that I hoped they were her frends and
'desired her soules good, and not to accuse any out of envy, or
to that effect; Knapps wife said, goodman Lyon hold yor
tongue, you know not so much as I doe, you know not what
hath bine said to me in private; and after they was gon, of
her owne accord, betweene she & I, goody Knapp said she
knew nothing against goodwife Staplyes of being a witch.
Richard Lyon of Fairfeild affirmeth to the same purpose as
Tho: Lyon doth, as appeares by a wrighting vnder his hand,
but not vpon oath.
Goodwife Gould of Fairfeild testifyeth vpon oath, that good-
wife Sherwood & herselfe came in to see the witch, there was
one before had bine speaking aboute some suspicious words
of one in the towne, this depon' wished her if she knew any
thing vpon good ground she would declare it, if not, that she
would take heede that the deuill pswaded her not to sow
malicious seed to doe hurt when she was dead, yet wished
her to speake the truth if she knew anything by any pson ; she
said she knew nothing but vpon suspicion by the rumours

88 RECORDS OF THE [1654
she heares; this depon' told her she was now to dye, and
therefore she should deale truly ; she burst forth into weeping
and desired me to pray for her, and said I knew not how she
was tempted ; neuer, neuer poore creature was tempted as I
am tempted, pray, pray for me. Further this depon' saith,
as they were goeing to ye graue, Mr. Buckly, goodwife Sher
wood, goodwife Staplye and myselfe, goodwife Staplyes was
next me, she said it was a good while before she could beleeue
this woman was a witch, and that she could not beleue a good
while that there were any witches, till she went to ye word of
God, and then she was convinced, and as she remembers,
goodwife Stapleyes went along w'h her all the way till they
came at ye gallowes. Further this deponent saith, that Mr.
Jones some time since that Knapps wife was condemned, did
tell her, and that w'h a very cherefull countenance & blessing
God for it, that Knapps wife had cleered one in ye towne, &
said you know who I'meane sister Staplyes, blessed be God
for it.
Ensigne Bryan informed the court that one pticular in ye
charge he heard not of before, and therefore is not prepared to
answer, but desires further time for that pt, and he will be
bound to answer Thomas Staplyes in it when the court shall
appointe, wch the court told him they would consider of.
[58] || The plant' and defendt' haueing spoken what they
pleased in ye case, the court considered of what hath bine
alleadged and proved on both sides, and though they are not
satisfyed in the evidences prsented by Ensigne Bryan, yet they
haue considered what the seuerall witnesses speake therein,
and finde not that they take of the testimony giuen in on the
other side, nor doe they justify Mr. Ludlow in ye defameing
expressions of goodwife Staplyes, yet w'hall they consider that
he said hee thought them not true, yet they tend to defama
tion, the court in their sentence shall incline to more fauour
then possibly they should doe if Mr. Ludlow was here, but the
third pt of the charge being left till another time, vpon Ensigne
Bryans ingagm' to answer it at the next court of magistrats
here, or sooner if called to it, for ye former parts of the- charge,
they see no cause to lay any blemish of a witch vpon goodwife

1654] JURISDICTION OF NEW HAVEN. 89
Staplies, but must judg that Mr. Ludlow hath done her wrong,
and therefore is by this court ordered to pay to Thomas
Staplies, by way of fine for reparation of his wiues name, tenn
pounds, and for his trouble & charge in following the suit, fiue
pounds more, the latter pt of ye charge being left as before
expressed. Capt. Nathaniell Siluester entered an action of defamation
against John Scott, wherein John Youngs was included, and
John Youngs entered an action of defamation against Capt.
Silvestr, but afterward they all made a private agreem' among
themselues, and so ceased to psecute any further.
Capt. Silvester entered an action against Jn° Peakin of
Southold, for entertayning some of his servants, but when he
came to plead, failed in his proofe and was content his action
should fall, and the ten shillings received for entry of ye action
ye court returned.
Mr. Leueridg of Oyster Bay, plant. )
Capt. Siluester of Shelter Island, defendt. ) Mr. Leueridg
declared that he had bought a certaine debt of Mr8. Carman
of Hempsted, due from Capt. Silvester by bill and deteyned
by him, to the vallew of fiue & forty pounds, and doth now
desire the justice of the court, that he might haue the saide
debt w'h just damages for none-payement when first due.
Captaine Siluester said that he owed Mr. Leueridg nothing,
but to Mris. Carman hee owes foure & forty or fiue & forty
pound, w°h is to bee paide in strong water, salt beefe, and
other goods, w'h first conveniency, but no time is sett, and
that hee did endeauour to send it quickly after the debt was
made, by Joseph Alsop, but he would not cary it, and after by
Leiutennant Seely, but he refused also, and some of the
comodities being leaky, he thought it best to dispose of them,
and John Ogden coming to his island, and being willing to buy
the goods, and for his paye would turne ouer a bill he had of
Mri8. Carmans for fifty pounds, to be paid in beauor; so they
agreed, and he sent M"8. Carman word of it, and she returned
answer that she had sold her bill to Mr. Leueridg, but wch was
don first did not cleerly appeare to ye court, though Mr.
Leueridg by some circumstances endeauoured to proue that he
12

90 RECORDS OF THE [1654
bought the bill of M"8. Carman first, and one Mr. Washborne
of Hempsted, now in court, said he could testify that M"8.
Carman had sold her bill to M. Leueridg, but whether before
John Ogden sould his to the Capt. he cannot tell, and some
questions being put to Mr. Leueridg concerning the buying
this bill, what consideration was giuen for it, or whether it
were not a matter in trust, could not be sufficiently cleered,
[59] Mr. Leueridg hauing said that he expected not |] to meete
the Capt. here, and so hath not some wrightings ready, wch
did necessarily occasion a respite of ye cause, that things may
be further cleered and issued at the court of magistrats, to
be held at Newhauen the third Wedensday in October next,
vnless they doe in ye meane time issue it betweene themselues
in a private way. And Capt. Silvester and M. Giles Silvestr,
his brother, ingage themselues in forty fiue pound sterling to
answer M. Leueridg here at Newhaven, at the time before
mentioned, wch Mr. Leueridg accepted.
The last will and testam' of Mr. Edmund Tapp, late of Mill
ford deceased, was prsented in court, made the first of Aprill,
1653, confirmed by his owne hand and seale, and testifyed
vpon oath by Richard Miles and Henry Glouer of Newhauen
at a court held at Millford.
Also an inventory of the estate of the said Mr. Edmund
Tapp, amount' to 7131 . oi8 : 04d, prised the 26'° of Aprill,
1653, by Ensigne Bryan, Sarjant East and Thorn: Welch, and
by them testifyed vpon oath to be a true apprism', at a court
at Millford.
The last will and testam* of- Edwa: Wigglesworth, late of
Newhaven deceased, was presented to ye court, made the
12th of July, 1653, confirmed by his owne hand and seale,
& witnessed by Mr. John Dauenport, Mr. William Hooke, and
M. Mathew Gilbert.
Also the inventory of the estate of the said Edwa: Wiggles-
worth, amount' to 401: 14: 02d: prised by Mr. Gilbert &
Richard Miles, the 31'h of March, 1654, and by them testifyed
vpon oath to be a true apprisment, at a court held at New
hauen the 2d of May, 1654.
The last will and testam' of John Basset, late of Newhauen

1654] JURISDICTION OF NEW HAVEN. 91
deceased, was presented to the court, made the 17th of Feb
ruary, 1652, confirmed by his owne hand, and witnessed by
Richard Miles & John Harriman vpon oath, at a court held at
Newhauen 1th Nouem & 3d February, 1653.
Also an inventory of the estate of the said John Basset,
amount' to 69n: 19s: 00, prised by Thorn: Munson & John
Harriman, the 21th of Febr. 1652, and by them testifyed vpon
oath to be a true aprism', at a court held at Newhauen, ye first
of Nouem. & 3d January, 1653.
The last will & testam' of Hen : Pecke, late of Newhauen
deceased, was prsented to the court, made the 30th of October,
1651, witnessed by William Pecke, Jn° Moss, and Sam : Whit-
head vpon their oath, at a court held at Newhauen, the 2d of
May, 1654.
Also an inventory of the estate of ye said Hen: Peck,
amount' to 561: 28: 8d, prised the 30th of Nouem., 1651, by
Sam : Whithead and Rogger Allen, & by them testifyed vpon
oath to be a true aprism', at a cpurt at Newhauen, the 2d of
May, 1654.
The last will and testam* of Capt. Wood was presented,
written by M. Goodyear and proued to be his minde & will by
ye oath of Capt. Seamor Jacobson & John Harriman.
Also an inventory of ye estate of ye said Capt. Wood,
amount to 25: 09s: 09d, prised by Mathew Gilbert, Jn° Nash
& Jn° Harriman, and by them testifyed vpon oath to be a true
apprism', at Newhaven the 10th of Septem., 1652, before ye
gouernor.

[60] At a Court of Election held at Newhauen for
Ye Jurisdiction Mat 31th, 1654.
Theophilus Eaton, Esqr, chosen Gouernor.
Mr. Stephen Goodyeare, chosen Dept' Gouernor.
Francis Newman, chosen Magistrat j for j^hauen.-
Mr. Samuell Eaton, chosen Magistrate )
Capt. Astwood, 1 Ma . tratg for MiUforcL
• Mr. Benja: Fenn, j
Mr. Leete, Magistrate for Guilford.

92 records of the [1654
For Comissionrs, the Court of Election lefte it to the Genrll
Court to chuse them, but not to act but vpon ye terms the
Genrll Court sees cause.
M' Atwater chosen Treasurer.
Francis Newman, chosen Secretary. ,
Thomas Kimberly, chosen Marshall.

At a Generall Court held at Newhauen for the Juris
diction, the 31th of May, 1654.
Present.
Magistrats.
Theophilus Eaton, Esqr, Gouernor.
M' Stephen Goodyeare, Dept. Gouernor.
Francis Newman, Magistrate for Newhauen.
M' Benja: Fenn, Magistrat for Millford.
M' William Leete, Magistrat for Guilford.
Deputies.
Mr. William Gibbard,
Henry Lindon, N- H.
Robert Treate,
Thomas Welch, Millf°rd.
M' Chittendine, „
M' Jordan, Guilford.
Richard Law,
Francis Bell, Stamford.
Barnabas Horton,
John Peakin, Southold.
M' Crane,
Lawranc Ward, Brandford.
The deputies hauing p'sented their cirtifycates, the court
pceeded, and first Capt. Nathaniel Silvester hauing bine ques
tioned in ye court of magistrats (by reason of an action he
entred against John Scott, wherein Jn° Youngs, Jun', o£
Southhold was included,) for sundrie miscariages, and pticu-

1654] jurisdiction of new haven. 93
larly some towards this jurisdiction, as that he should say it was
a tyranicall gouerm', as was testifyed by Mr. Joseph Youngs
and Roger Cheston of Southhold, beside other offensive carriage
concerning the Saboth, & ordinances, &c, at wch- court he
also shewed much passion and hight of spirit, to the courts
great dissatisfaction, wch they manifested toward him. The
gouerno1 now informed the court -that Capt. Silvester had
[61] bine w'h him and professed he saw || his miscariages
towards the jurisdiction and the court, and desired hee might
haue opptunity to giue the court satisfaction, wch being
granted he said, there is testimony giuen in that he should
say this gouerm' is a tyranicall gouerm', wch he cannot deny,
for he did speake some words to that purpose and is heartyly
sorey for it, and craues pardon of the court, as also for the
just offence he gaue at Southold in saying, (vpon supposition
of an order made to keepe him out of their towne,) that if any
mett him in the streets and medled w'h him he would pistoll
them, and in other respects he hath caried it w'h two much
bitternes of speech, wch he now sees the euill of and hopes he
shall walke inofensiuely for time to come.
After consideration, the court told Capt. Silvester that they
haue considered his acknowledgm', and are willing to take
satisfaction, hopeing he sees his euill and that by Gods assist
ance he will walke so as not to giue offence hereafter, either
in pointe of the Saboth, or towards the jurisdiction, or South-
old in pticular, and in that frame they intend to walke towards
him, and though they might require a wrighting for securitie
hereof, yet they shall rest vpon his word and pmise, wch he
now made, to ingage himselfe to an inoffensive carriage here
after. John Youngs, jun., of Southold appeared before the court,
against whome sundrie complaints from Southold haue bine
made of great miscariages, tending to disturbe the peace of ye
jurisdiction and ouerthrow the foundations of gouerm' here
laid and to raise an open rebellion against this colony, of w°h
he had before now bine informed and was now againe reminded
of, but the court vnderstanding by letters from Southhold that
though there haue bine sundrie differences and contentions

94 RECORDS OF THE [1654
among them, to issue w°h they intended to haue come to this
court, but now they haue agreed among themselues and desired
that all may be buried in ye lake of oblivion, and the court not
being willing to stirr vp or disturbe mens spirits, if they might
haue any good ground of hope that they would cary it peace
ably for the future, did alow of what they had don.
And concerning John Youngs, he did now acknowledg that
he hath miscaryed many wayes, speaking rash and foolish
words and such as haue tended to sedition, was vnsatisfyed
that he had not his vote in chusing millitary officers, and that
such he would not follow as he did not chuse, he is sorey he
hath giuen such just offence and hopes he shall take warning
and walke to better satisfaction hereafter ; so that vpon the
desire of Southold, his owne acknowledgm* now made and
pmise of amendm*, the court past by and remitted his offence
w'hout fine or punishment, but did order that he shall
giue bond to the jurisdiction to the valew of one hundered
pound sterling, that he will hereafter attend his oath of fidel
litie taken to ye jurisdiction and maintayne the lawes here
established, and not disturbe the peace of the same or any
plantation therein; wch bond was giuen and he dismissed.
Robert Basset hauing bine questioned at two former courts
for diuers miscariages proued against him and confessed by
him, was now called befor the court, and told that the court
expects from him an acknowledgm' of his miscariages and of
his purpose and resolution by Gods help to walke in a better
manner hereafter.
Robert Basset said, concerning that letter he receiued
w'hout a name subscribed, he did not doe as he ought in so
weighty a buisnes, not considering of it nor seeing that in it
wch he since sees, but something being in it wch suited his
present affection against the Duch and his corrupt oppinion
concerning the votes, whereby his eyes were then blinded, he
is heartily sorey for it, and if God had not stopped him, for
ought he knowes, it might haue wrought great disturbance;
and for his disturbing the peace of the colony and opposing
[62] the wayes || of gouerm', hee sees his euill in it in some
measure, and hopes he shall see it more, for he is convinced

1654] JURISDICTION OF NEW HAVEN. 95
that the way of gouerm* here setled is according to God, wch
he hath not honnored as he ought, and had hee honored God,
He would haue helped him to honor the gouerm', wch he did
not, and is heartily sorry for it ; concerning the vncomfortable
words in the towne meetings at Stamford, w°h haue tended
much to disturbe the peace of that place, and much greive the
hearts of Gods people, wch doth now cause sorrow of heart in
him, and he hopes that as he hath bine an instrum' of dishonor
to God in that place, so he desires to be an instrum* of His
honor there; and concerning ye letter w°h he caried from
Stamford, wherein he was imployed by the towne, at that time
he apprehended it for the peace of ye place, but he now sees
that he did not then see the bottom of it, for it did tend to
dishonor the gouerm* here and preferr another gouerm* before
it ; these and other his miscariages he said he was sorey for,
and desires the court to be mercifull to him, hopeing he shall
be watchfull hereafter, and added that he lookes vpon this as
an agravation of his sinn, that all this was against his oath of
fidellitie and from the great pride of his spirit.
Robert Basset was told that the court doth incline the more
to be satisfyed, because the haue receiued a certifycate from
Stamford w°h doth giue a good testimony of his acknowledgm'
of his euill there, and of some reformation begune, and of his
walking in a contrary way to. his former way of disturbance,
and therefore vpon their desire, and what he hath now
acknowledged, w'h his promise of a better walkeing hereafter,
the court doth remitt his offence, but ordered that he giue
bond to the jurisdiction, to the valew of one hundered pound
sterling, that hee will hereafter attend his oath of fidellitie and
the lawes of the jurisdiction, and will not at any time disturbe
the peace of this colony, or of any plantation therein; wch
bond was giuen & he dismissed.
The deputies of Southold prsented to ye court a wrighting
from their towne, wherein it is desired that Barnabas Horton
and John Peaken, the two present deputies for Southold, may
be chosen constables for that plantation ; w°h was done, and
they haue the same power comitted to them as was giuen to
the constable of Southold the 30'h May, 1649, fo: 176, and

96 RECORDS OF THE [1654
they now tooke oath that they would, by ye help of God,
faithfully discharg the trust comitted to them.
The said constables were desired to see that those in their
towne who haue not taken the oath of fidellitie doe forthw'h
take it, and those w°h refuse are to be bound ouer to answer
it at the court of magistrats, to be held here the third Wedens
day in October next.
The said dept' also informe the court that Thorn: Benidict
and some others who liue nere Southold doe desire to joyne
w'h them, wch the court advised to, so it might be to mutuall
satisfaction. Mr. Wells of Southold sent a petition to the court to be
freed from all publique service in ye jurisdiction hereafter,
wch ye court saw no cause to grant.
It was propounded that the dept' sent from the seuerall
plantations for ye generall court might be vnder oath to be
faithfull in ye trust comitted to them, but because it hath not
heitherto bine done, and no oath prepared in that case, it was
referred to another season.
Richard Law, Francis Bell and John Holly, are chosen
deputies for Stamford, who are to keepe court and cary on
civill in that plantation for ye yeare ensuing, and haue the
same power comitted to them as was giuen to the deputies of
Totoket, alis Brandford, by the Generll Court, the 29th of
May, 1651, as it is entred fo: 303 ; and Richard Law and
Fran : Bell did now take the deputies oath, and they are to
administer the said oath to the other deputie at Stamford.
[63] || Old Mr. Swaine, Mr. Crane, Samuell Swaine and
Lawrance Ward, are chosen deputies for Brandford for ye
yeare ensuing, and haue the same power comitted to them as
the deputies of that plantation had giuen them May 29th,
1651, fo: 303, and Mr. Crane and Lawrance Ward did now
take the deputies oath, and they were to administere the said
oath to the other deputies there.
It is ordered that the size of caske for packing vp of flesh
for sale in this jurisdiction shall be eight and twenty gallons,
and that an officer in euery plantation be appointed, who shall
be vnder oath, to see that they are full gaged so much, who shall

1654] JURISDICTION OF NEW HAVEN. 97
sett his marke vpon them, knowne to be the gagers marke,
that it may appeare they haue passed his view ; and whosoeuer
shall breake this order, by packing in caske of a less size, shall
forfeite ten shillings for each barell, and this order to be so
published that euery buyer may know what to expect before
he make or conclude the bargaine, that he haue no cause of
after complainte.
Vpon some question propounded to the court concerning
Mr. Wells his chilldren, which were Henry Tuttills of South-
old, it is ordered that what evidenc can be procured for further
cleereing the chilldrens portions, should be speedily sent to
the gouernor at Newhaven, at furthest betwixt this and the
court of magistrats to be held at Newhauen the third Wedens
day in October next, and if Mr. Wells should remoue from
Southold, that so much of his estate be securied as may
answer, not onely the pportions allready appointed, but also a
meete some for that wch may vpon evidence further appeare
to be due to them.
John Peakin hath lycense from this court to sell stronge
water at Southold, pvided that he attend the orders of the
jurisdiction in that case, both to English & Indians.
The Court being informed that by reason of Leiutennats
Budds absence, Southold is left destitute of a fitt man to exer
cise the millitary company there, and that one Charles Glouer
had some time done it since Leiutennant Budd went to Eng
land, but because he had not this courts alowance therein, hee
would not pceede ; wherefore the court now declares, (that
vnderstanding he is a member of ye church of Salem, and had
he letters of ecofnendation, he might be admitted a freeman
as others are,) that he doe resume that worke, & exercise the
millitary company at Southold, and be helpfull in ordering ye
watches and other service of that nature, till further order
from this court, pvided that he take the oath of fidellite to be
faithfull of the jurisdiction, but if he refuse, as he is to be
bound to answer it here at Newhauen at the court of magis
trats, so the trust is still to continew in the hands of Barnabas
Winds, who is a corporall to that company, till further order,
and the constables are desired to assist and be helpfull to him
13

98 RECORDS OF THE [1654
in setting & ordering the watches, of wch burden he much
complaineth. It is ordered that in euery plantation in this, jurisdiction
there shall be a viewer of corne, that in case of difference
may judg whether it be well dressed and merchantable or no,
wch man is to be chosen by each plantation, and shall bee
vnder oath to judg faithfully when called to it, and is to be
paide for his time spent and paines therein by him whose corne
is faulty, or who vnnecessarily occasions the trouble.
It is ordered that vpon the admittance of any man as a
planter into any plantation in this jurisdiction, the funda
mentall lawes and orders concerning votes, &c.-, shall he read
to them, and if approved, the oath of fidellitie shall be admin-
istred to them, the plantation w°h is to receive them being
satisfyed in other respects, by a satisfying cirtifycate from
sufficient credible psons, -of their good behauaviour & con
versation. The Gouernor informed the court that Mr. Leueridg had
bine w'h him and propounded to know whether their planta
tion at Oyster Bay might not joyne and be admitted a member
[64] of this colony; he also ppounded || some objections,
aboute a pattent, aboute publique charges in this jurisdiction
aboue others, w'h some thing aboute keepeing courts at their
owne plantation, all wch was answered so as he objected no
further, but desired to know if vpon further speech w'h their
towne they desire to be receiued, whether it might be done
w'hout ye generall courts meeting againe. The court consid
ered of what was propounded, and declared, that if, vpon their
full vnderstanding the fundamentall lawes and orders for
gouerm' here established, they shall desire to joyne, and that
they doe vpon their admittance take the oath of fidellitie as
before ordered, and in a wrighting subscribed by them solemly
ingage themselues to a full observanc thereof, they may be
receiued as a member of this jurisdiction.
An old debt of six & twenty shillings oweing by Jn° Chap
man to the jurisdiction for pte of a fine was now remitted.
An old debt of foure pound seuen shillings due from South-
old, (wch, by reason of the death of some, and the remouall

1654] JURISDICTION OF NEW HAVEN. 99
of others out of the towne, they cannot finde out the pticular
psons from whom it is due,) was now remitted.
It is ordered that if any man refuse to prise the goods of ye
deceased and inventory the same and attest the said apprizm*
vpon oath according to order, when by the court or authority
in ye place they are called to it, shall forfeite fiue shillings for
each time they so refuse, the estate so prised makeing them a
just alowance for their time and paines therein.
Vpon a petition from William Boarman, and vpon the desire
of Francis Bell, one of the deputies for Stamford, on behalfe
of Samuell Barret, the court tooke of that restrainte wch lay
vpon them forbiding them to goe out of this jurisdiction, and
also repealed that part of the order concerning their wearing
a halter. The Court was informed that Millford haue chosen Robert
Treate leiutennant for their towne, and desire he may be con
firmed by this court, wch was now done, and he is alowed as
the cheife millitary officer there for the present, to order ye
millitary affaires of that towne.
It is ordered that some writings concerning some land in
question betwixt Stamford and Norwalke should be recorded
in ye jurisdiction records.
It is ordered that the gouernor shall haue fifty pounds
alowed him for this yeare ensuing paid him out of the juris
diction treasury as formerly.
Vpon makeing vp acc° w*h Mr. Goodyeare, it appeared that
Mr. Goodyeare was in the jurisdictions debt aboute thirty fiue
pounds, wch vpon consideratios wch satisfyed them the court
gaue to him.
Some question being moued whether the gouernors rates
should not bee brought in, in the bills of rateing for New
hauen, wch after some debate was thus issued, that the court
generally declared themselues willing at present to forbeare it.

100 RECORDS OF THE

[1654

[65] At a Generall Court held Newhauen for the
Jurisdiction, the 9th of June, 1654.
Present.
Magistrats.
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeare, Dept' Gou'.
Francis Newman, ) XT ,
,„. - „ ti x i for Newhauen.
M' Samuell Eaton, )
M' Benjamin Fenn, for Millford.
M' William Leete, for Guilford.
Deputies.
Mr. William Gibbard,
Henry Lindon.
Robert Treate,
Thomas Welch.
Mr. Chittendine,
M' Jordan.
Barnabas Horton,
John Peakin.
M' Crane,
Lawranc Ward.
The Gouernor acquainted the court that he had the day
before received some letters, w°h did occasion this meeting, as
one from his Highnes, Oliuer, Lord Protector of England,
Scotland and Ireland, informing of shipps and amunitio sent
to assiste the colonies against the Duch, and also a letter from
Major Sedgwick and Capt. Leuerit, who are intrusted by the
Lord Protector in that service, (both wch wer6 read to the
court,) wherein they desire one or two may be sent from this
colony to treate and consult w*h them aboute this waighty
affaire, and in both the letters is expressed that they desire
expedition may be attended ; therefore it is now the courts
worke to agree how many they will send, and who the psons
are. The court readily exprest their willingnes to joyne in
this designe, and afford what help they could, to the vtmost of

1654] jurisdiction of new haven. 101
their abillitie, and chose and appointed Mr. William Leete and
M' Thomas Jordan, to goe to Boston to treate and consult
w*h them, to whom they gaue comission & instructions as
followeth.The Comission of Mr. William Leete, Magistrat, and of Mr.
Thomas Jordan, one of the Deputies, now sent from the
Generall Court for the Jurisdiction of Newhauen, as Agents,
You are w'h all convenient speede to trauell to Boston in
ye Massachustsrand there to treate w'h Major Sedgwick and
Capt. John Leueret, appointed and betrusted by his Highnes,
Oliuer, Lord Protector of England, Scotland and Ireland, and
w'h such others as shall be deputed for the treaty from the
other three jurisdictions, or any of them, in a service both for
the Comon wealth of England, and for these colonies, accord
ing to such comission and instructions as they haue receiued,
and shall pduce and shew from the State of England, wherein
though they yet know not how the affaire shall be mannaged,
nor what may be required or expected from them, yet they
are ready, according to their abillitie and meanes, to afford
their best assistance, both in men and pvissions. The pticu
lars they referr to yor consideration and judgment.
In witnes whereof I subscribe, this 9th of June, 1654.
Francis Newman, Secret, and by order of ye Gen: Court.
Instructions for Mr. William Leete and Mr. Thomas Jordan,
sent as Agents for this Jurisdiction to treate, &c, as their
Comission bearing date with these presents will more fully
shew.
The Comissionrs for the three other colonies did in Septem
ber last, vpon their best considerations, declare, that the
Massachusts colony in denying to act (as was expresly in
the articles) according to the determination of seuen of ye
comissionrs, (though they neither charged nor objected any
vnrighteousnes in their conclusions,) had actually broken
[66] their couenant of confederation, and || though in Nouem-
ber last these two colonies answered the letter and queries
sent from the Gen. Court of the Massachusts, the haue not to
this day receiued any returne ; yet vpon a letter and directions
receiued from his Highnes, Oliuer, Lord Protector of England,

102 RECORDS OF THE [1654
Scotland & Ireland, they send you as their agents to treate
w'h Major Sedgwicke, Capt. Jn° Leuerit, & w'h such others
as shall be deputed for the said treaty from the other three
colonies, or any of them.
1. If vpon sight of the comission and instructions from the
authority of England, the foure colonies concurr to afford
assistance in the seruice ppounded, this colony will readily
joyne. If the Massachusets vpon any consideration refuse or
delay, (wch wee hope they will not,) yet wee shall .readily
joyne w'h the other two colonies, or w'h Connecticott, yea
this jurisdict' alone, (if others differr in judgm',) would
improue the vtmost of their abillity to manifest their due
submission to the authority of England, and readines in a
service wherein all New-England, at least these western colo
nies, are so much concerned.
2. Considering that a litle delay may much increase the
difficulty of the worke, if it doe not vtterly ouerthrow it, you
will by no meanes admitt any long consultation or dispute, but
vse all possible expedition, according to the Lord Protectors
order, wch (through the blessing of God,) may much further
the success ; and when you haue considered & agreed, what
numbers of men, and what quantity of pvissions of all sorts
each colony is to furnish, you will, by some trusty and speedy
messenger, giue timely information, that preparations may- be
here made accordingly.
3. For the shipping sent from England, or vessells belong
ing to any of these parts, it may fall vnder consideration,
whether if part bee sent w'hout the Island, & part come w'hin,
the service against the enemie and ye securitie of these planta
tions may not bee best carryed on and provided for.
By order of the Generall Court, the 9'h of June, 1654.
ty Francis Newman, Secret.
And the better to furnish them for this jurny, they borrowed
of widdow Wigglesworth fiue pounds in siluer, wch the court
promised should bee repaide w'hin three monethes, in the
same kinde or in other paye to her satisfaction, so as neither
she nor her chilldren should suffer by it.

1654] JURISDICTION OF NEW HAVEN. 103
It is ordered that all sorts of provision in this jurisdiction
be stopped, and none to be sent forth of the same, by ly cense
or otherwise, vnless it be from one plantation in this jurisdic
tion to another, and then due care to be taken, by those in
authority in that plantation from whenc it goes, that it may
not be turned another way, w°h is to stand in force till further
order be giuen.
An order made by the gen. court in May, 1653, concerning
the keeping of twelue horses in ye fiue plantations vpon the
maine in this jurisdiction, for publique service, is now ordered
to be forthw'h put in execution, and an addition of halfe so
many more to be pvided and kept in each plantation. That
is to say, six at Newhauen, and three apeece at the other foure
townes ; and Southold, whose deputies were then absent, but
now present, is ordered to keepe two horses constantly in a
readines in their towne for publique service, wch horses, as
they are intended for the more quick dispatch of messengers
from place to place, and other publique service, so also that
they be trayned vp in a millitary way, that they may be fitt to
doe service in that kinde also, if there be occasion ; and though
these horses at some time may, w'h leaue from the authority
in ye place, be vsed- by the owners for some short jurnies, yet
care must be taken that at least halfe of them be left at home
readie for the publique service if called to it.
[67] || It is ordered that while these times of danger last, and
till further order bee giuen, the millitary company in each
plantation in this jurisdiction shall trayne once a weeke, vpon
such day as they shall judg most convenient for them, begin-
ing at two aclocke in the afternoone, and so continewing a
convenient season in that exercise, for the better fitting men
to vse their armes when called to it, and that others may see
wee are not secure in these times of trouble ; and that also
a dilligent view of armes be forthwith made and a constant
observation taken, that at no time men may be vnfitted' or
vnfurnished of what is necessary for their defence, and that
euery plantation see that their watches bee duely attended,
and the ward on the Lords dayes and other times of publique
meetings.

104 RECORDS OF THE [1654
The last Gen: Court a comittee was chosen, who in the
courts absence might act in publique buisnes in case things
did suddenly present, but now that order is repealed, and the
authority in euery plantation is to act, in case of necessitie
when danger is discouered, so as they shall judg best for the
publique safety, makeing things knowne to the gouernor w'h
all speed, if ye case require it, that so the generall court (if
hee sees cause) may bee called to consider & provide for the
good of the whole.
It is ordered that the shooemakers in Newhauen shall be
forthw'h desired, or if they refuse, pressed, to make three or
foure dosson of good plaine strong shooes of the 10 : 11 & 12,
such as may be fitt for souldiours, if they should be called to
goe forth.
The Court considered the occasion the jurisdiction is like
to haue for laying out of sundrie charges in these times, and
that at present there is not wheew*hall in stocke to paye what
is oweing, did see cause to order that a rate of two hundered
pounds be levyed from the seuerall plantations in this juris
diction, in due and equall pportions, wch (because of the
prsent occasion) is to be paide in to the treasurer at New
hauen, betwixt this and the 10th of July next, in such paye,
and at such prizes, and vnder the same penalty, as was ordered
in leuying a two hundered pound rate the 29th of June, 1653.
The seuerall pportions are as followeth, "

From Newhaven,

80':

158:

; 10d

From Millford,

41:

16:

00.

From Guilford,

27:

16:

00.

From Stamford,

18:

10:

10.

From Southold,

16:

03:

09.

From Brainford,

14:

17:

07.

Some is = 200 : 00 : 00.
[68] || Seuerall wrightings recorded concerning lands in
question betwixt Stamford & Norwalk, wch vpon ye desire
of Stamford is ordered to be recorded.
This may certify that Pyamikee, Sagamore, did vpon the
24th of March in ye yeare 1645, make a deed of gift of all the

1654] JURISDICTION OF NEW HAVEN. 105
land from that wch is comonly called the pine brooke by the
English, and that w°h is called fiue mile river, or Roawayton,
where their planting land doth come very neere vnto the said
land, was by a deed of gift made ouer vnto Andrew Ward and
Richard Law, wch they did receive for the towne of Stamford,
and at the same time did giue vnto the said Sagamore one
coate, in the presence of George Slawson, and after that three
more, w'h some quantity of tobaco, and ye said Sagamore did
confirme the same by setting his hand to a wrighting then
made. The said Sagamore vpon the gift did except against
setting houses, because the English hoggs would be ready to
spoyle their corne, and that the cattell, in case they came ouer
the said fiue mile riuer, would spoyle their corne ; to wch it
was granted that to inhabit wee did not intend, and for our
cattell wee intended they should haue a keeper, and in case
any hurt was done they should haue satisfaction. That this
land as aforesaid was by the said Pyamikee, in the prsence of
other foure or fiue Indians, resigned for euer to ye English,
in witnes whereof wee haue set to our hands.
Stamford, 1th moneth 4th, 1652. Andrew Warde,
Richard Law.
George Slawson in this testimony affirmeth, that vpon con
sideration of the land given and resigned to the English at
Stamford, as is expressed, they gaue a coate to Pyamikee, wch
he received and set his hand to the wrighting to confirme the
same in his presence. George Slawson.
This testimony, w'h what is next aboue written, was given
in vpon oath by Rich: Law and Geo: Slawson, at Newhauen,
the 31'h of May, 1654, before me. Theoph: Eaton.
Stamford, ) The testimony of goodman Ambler vpon
May 26th, 1654 ] oath, he affirmeth that he being at worke
for Mr. Stanton, and Mr. Lords hoggs hauing done hurt in ye
Indians corne, the Indians complained of it. Mr. Stanton sent
for the Indian Sagamore to come to speake w'h him, and the
Indian that is called Pyamikee came, and the same Indian
was allwayes owned by the Indians to be the Sagamor of
Rounkanheige since wee came to Stamford. Richard Law.
This witnesseth that it was aboute the yeare 1647, or before,
when Mr. Stantons hoggs was at Stamford. Witnes Francis
Bell, & Richard Law. 14

106 RECORDS OF THE [1654
Stamford, ) The deposition of William Newman, of
May 27'h, 1654, \ Stamford,
The said depon' vpon oath testifyeth, that an Indian prefer
ring of sale of land to goodman Law, as goodman Law reported
to the towne, the towne therevpon sent goodman Slawson and
him to Pyamikee, the Sagamore of the said land, (as an Indian
reported.) When to Piamikee then they came, he sent an
Indian w'h us to show vs the land ; when wee saw it lying by
Norwalke riuer wee returned home againe and went not to
Piamikee againe aboute the same ; the towne hearing from vs
how the land laye would not buy it because it would prejudice
Norwalke. George Slawson vpon oath testifyed what is written aboue,
May the 31th, 1654, in ye presence of Theophilus Eaton.
[69] Stamford, 3 M°: 27, 1654.
¦ The testimony of Jeremiah Jaggar vpon oath, he saith he
being at Mr. Wards house, there was 4 or 5 Indians w*h M'
Ward and goodman Law, and hee heard an Indian (Piamikee)
say, he would giue a pcell of land to Richard Law and M .
Ward, & the land lay betweene pine brooke and fiue mile
brooke, and the Indians that were there did say that Piamikee
was now the sagamore of Ronkenhegue, and that the said
Piamikee said he came w'h the consent of all the sagamors
that were betweene vs and Sagatuck, and he did now resigne
vp all the land from pine brooke to fiue mile brooke for ours,
onely the Indians would not haue the English build houses
there, because the cattell and hoggs would spoyle their corne.
The English did grant that they would not, and that the saga
more did receiue a coate w'h some tobaco at the same time,
and the sagamore said he would not sell the land, but giue it,
and desired nothing but to buy a coate a litle cheaper then
ordinary. All the Indians said, that all that they desired was
if wee would be frends to them, for the Indians to ye westward
came vpon them and tooke away their squaes & chilldren, and
that the Indians intreated the English advice what to doe in
redeeming of their women againe, and that the Indians would
doe nothing w'hout the advice of the English.
This testifyed before me, ' Richard Law.
Another there is, but some of it was torne of, but so much
as is leigable is as followeth,
. dfmaS ,d.one in ye Indians corne w'h oxen, as much
as was judged thirty bushells. Francis Bell and Richard
Law make an agreem' w'h the Indians for twelue bushell &
a halfe ol Indian corne, and two bushell & halfe of pease,

1654] JURISDICTION OF NEW HAVEN. 107
wee deliuered the corne, and the pease were all satisfyed,.
witnes my hand, the marke of the sachem Piamikee, now
called Resolute. Resolute, his ) marke.
That the satisfaction w'hin expressed was giuen to Piamikee
fop damage in corne and by him receiued as was formerly
agreed, was vpon oath testifyed by Richard Law and Francis
Bell, the 31'h of May, 1654, and that the marke w'hin was
made by Piamikee at the same time, was testifyed vpon oath
by Richard Law. Before me, Theophilus Eaton.

[70] At a Generall Court held at Newhauen for the
Jurisdiction, the 23"> of June, 1654.
Present.
Magistrats.
Theophilus Eaton, Esqr. Gouernor.
Mr. Step1"
Francis Newman, )
Mr. Samuel Eaton, j ** Newhauen.
M' Benja: Fenn, for Milford.
Deputies.
Mr. Gibbard, jNewHaven.
Henry Lindon, )
Robert Treate, J M3LLford.
Thomas Welch, )
Mr. Chittendine, Guilford.
M' Crane j BrandforcL
Law: Ward. J
The Gouernor acquainted the court w'h some letters he
had receivd from Mr. Leete, from Boston, informing that the
designe against ye Duch is like to goe on,* and that they haue
* Major Robert Sedgwick and Capt. John Leverett, commissioners from Cromwell
to the four colonies, for the purpose of uniting them in hostile demonstrations against
the " Dutch on Hudsons River and at the Manhatoes," met the commissioners from the
colonies of Connecticut and New Haven, at Charles Town, June seventeenth, 1654.

108 RECORDS OF THE [1654
agreed vpon numbers of men, wch is at least 800, (if more
come in, it will be acceptable,) wch is 300 volunteers from ye
Massachusts, 200 from ye shipps, 200 from Connecticote and
133 from this colony, wch the court must now agree to raise
in equall pportions ; which was done as foil, — from Newhauen
50, from Milford 21, from Guilford 17, from Stamford 20,
from Southold 14, from Brandford,* Newhaven and Millford
hauing one or two less in pportion then the rest, because of
seamen that are to goe from thence, wch if not pvided for will
put them aboue their proportion. Of w°h 133, these officers
were chosen, Leiutennant Seely, captaine; Leiutennant Nash,
leiutennant; Richard Baldwin, of Milford, ensigne; Serjant
Munson, Serjant Whithead, Serja: Tibballs of Milford, &
Serja: Bartlet of Guilford, serjants ; Robert Basset cheife
drumer, & Anthony Elcot to be vnder him ; Mr. Augar & Jn°
Brocket surgions; and Mr. Peircon is chosen and appointed
to goe along w'h this company as their minister, for their
incouragm', spirituall instruction and comfort; and the cor-
Massachusetts and Plymouth had likewise been notified, but the former had only
granted leave to raise within their jurisdiction to the number of 500 volunteers, pro
vided the persons were free from legal engagements. Plymouth had sent two agents
who signified her willingness to fall in with the design, but not having been duly
empowered to enter into a special treaty they had returned home for the requisite
instructions and authority.
Under these circumstances, the two commissioners for Cromwell, Major John Mason
and Capt. John Cullick for Connecticut, with Mr. Leete and Mr. Jordan for New
Haven, " considering the necessity of expedition in that undertaking, did agree to sit
as a council and proceeded to treaty." They found on enquiry that not more than
300 men could be relied on from Mass., and considering that as yet it was uncertain
how many Plymouth would supply, the commissioners for Connecticut and New
Haven agreed with the rest to undertake the work with such force by sea and land as
were in view, if no more could be procured; hoping that (although the number should
not rise to such a full or competent fitness for such an expedition as were to be desired,
yet) we may rest upon the Lord for the blessing of success, when as he no w calls to the
work and doth deny further means of help.
On the 20th of June, the commissioners who were still in session, at Boston, received
intelligence that a competent force was in readiness, and on the same day was brought
to them a printed proclamation announcing that peace had been concluded -between
England and the United Provinces on the 5th of April. On this the commissioners
agreed and declared, that as they began and have proceeded in compliance with their
native country and in obedience to his highness' letters and commendation, so in like
observance and compliance with the same authority they desist.
Thurloe, St. P. ii. 419. Rec. of Mass. and Conn.
* The number of men to be furnished by Branford, eleven, to make up the 133,
appears to have been inadvertently omitted on the record.

1654] jurisdiction of new haven. 109
poralls are Corporall Boykine, John Coopr, Henry Botsford
of Millford, and Thomas Steuens of Guilford, but this last is
onely for this present service, and that he pceede no higher in
any other office, because he is not a free-man, and that the
cheife millitary officer be acquainted w'h it.
The Court considering the great weight of this buisnes, and
that all good success depends vpon Gods blessing, did there
fore order, that the 4th day of the next weeke shall be set
apart by all the plantations in this jurisdiction, to seeke God
in an extraordinary way, in fasting & praire for a blessing
vpon the enterprise abroade, and for the safety of the planta
tions at home.
The Court considered of what provissions were necessary to
send forth w'h these men for a moneth, and agreed vpon 6
tunn of beare, 6 thousand of biskit, 9 bar: of porke, 6 bar: of
beefe, 4 hogsheads of pease, 3 hogsheads of flower, 6 firkins of
butter, 5 hundered of cheese, 3 ancors of liqours ; trayes,
dishes or kans, pailes, kettles, and that euery man haue a
good fire lock muskit, w'h other armes suitable, a knapsacke
w'h 11 of por and 24 muskit bullits or 41 of pistoll shott ; &
for a stock beside, in the whole two bar: of powder, 3'hunderd
weight of muskit bullits & 1 C. of pistoll shott, w'h twenty
spads & shouells, ten axes and ten mattockes, from each
towne a pportion, onely for the present the court agreed to
send but 3 tun of beare, 3 thousand of of biskit, 5 bar: porke,
3 bar: beefe, 2 hogsh. pease & 2 of flower, 3 fir. of butter, 3 C.
of cheese, 1 ancor or two of liqours, and the full pportion of
amunition as before.
[71] || It is ordered that the charges of souldiors, horse or
foote, whereeuer provided for, it shall be at ye jurisdiction
charge in equall pportions.
It is ordered that the magistrats and deputies at Newhauen
shall bee a comittee to order matters wch concernes this
designe, but cannot now bee foreseene, as occasions present,
and what the doe is to stand good as if the court did it.
It is ordered, that Johnsons lyghter shall be pressed to
attend the service, for transporting of men or provissions as
there is occasions.

110 RECORDS OF THE [1654
It is ordered, that all vessells wch come into any harbour in
this jurisdict., wch may be fitt to attend this service, shall be
made stay of for ye same, on behalfe of ye Conion wealth of
England, till further order.
It is ordered, that as soone as the army is past, watching
and warding shall begine in an extraordinary way, as may
suit w'h euery townes conveniency and safety, and then all
Indians are to be restrained from comeing into any of our
plantations w'hout leaue.

At a Generall Court held at Newhauen for the Juris
diction July 5th, 1654.
Present,
Magistrats.
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeare, Dept Gou'.
Francis Newman

. Newhauen.
M' Samuell Eaton,
Mr. Benja: Fenn, — Milford.
Mr. William Leete, — Guilford.
Deputies.
Mr. William Gibbard, XT ,
T, T . , ' JNewhaven.
Henry Lindon,
Robert Treate, ) ,,.-,» ,
Thomas Welch, ! Mllf°rd-
Leiutent Chittendine, ) n .,„ ,
Mr. Tho: Jordan, I Gmlf°rd-
Rich: Law, ) „, „ ,
Francis Bell, f Stamf°r<L
Mr. Crane, ) -p „ ,
T _ ' \ Branford.
Law: Ward, )
The Gouernor informed the court that there were w'h him
this day since dinner, two men, sent as messengers from the
Dutch gouernor, to inquire of the truth of ye peace w»h they

1654] JURISDICTION of new haven. Ill
heare (by report) is concluded beetwixt England and Holland,
who desired that two or three lines might be sent to certify the
same, wch the court desired ye gouernor to doe, and ordered
that a copie of ye proclamation should be sent also ; both wch
were presently done, and the messengers dismissed.
The Gouernor read to ye court a letter he hath lately
receiued from the Massachusets generall court, in answer to
ye letter sent from this court in Nouember last, and an answer
to the same was read also, approved and ordered to be sent
to Connecticote, that they may subscribe if they thinke meete,
and so sent by a messengr on purpose to Plymouth, that they
may subscribe also if they approve thereof, but if they approve
not, or cannot giue answer quickly, they are to be desired to
seale it, and dissmiss the messenger to goe to the Massachusets
and cary it to ye gouernor there, and desire the answer of their
generall court or councill ; but if it cannot be obtayned w'hout
much delay, then to returne w*h such answer as they can gitt.
And if vpon the pvsuall of this letter, Connecticote generall
court agree not, but refuse or alter from it, then it is left to
the magistrats & the two deputies at Newhaven to consider
what answer to send. Wch letter and answer are entred in
the close of this court.
[72] || It was propounded to know whether this court will
chuse commissiOnrs to meete at Hartford at ye time appointed,
seeing they heare that two of the other colonies haue chosen
& intend to send.
The Court, haueing found such ill fruit from ye Massachu
sets of ye two former meetings, are discouraged to send, yet
that they might shew themselues followers of peace, and that
they earnestly desire to continew their confederation vpon the
termes it first began and for sundrie yeares hath bine caried
on, did agree and chose the gouernor and Francis Newman
comissionrs for ye yeare ensuing, and pticularly for ye next
meeting at Hartford, if it hold; and Mr. Leete and Mr. Good
yeare are chosen to supply, if ye providence of God order it so
that one or both of ye other should be hindered ; but w'h this
direction from ye court, that if the minde of ye Massachusets
remaine as they haue formerly declared, wch hath made ye

112 RECORDS OF THE [1654
other three colonies looke vpon ye confederation as broaken
by the Massachusets, they conceive their can be no fruit of
their meeting but onely to consider ye 11th Article, and require
such satisfaction from the delinquent colonie as they shall
judg meete; but not being willing to tye their hands, not
knowing what may fall out, they leaue it to the discretion of
their comissionrs to act as they shall see cause in any further
buisnes concerning ye confederation.
The Court desired the gouernor to wright an answer to ye
Lord Protectors letter, in the name of this court, and send to
him, as also a letter to the corporation, in answer to theirs
now sent to this court, in wch answer they desire their willing
ness to hold the confederation may be exposed, and the close
thereof to be to such purpose as in ye close of the letter now
ordered to be sent to ye Massachusets, yet efferring to a more
full answer to be sent afterwards, when it is seene what the
comissionrs doe at their next meeting, if ye case require it.
The Court considering the peace now concluded betwixt
England and Holland, and that all acts of hostillitie are to
cease betwixt those two nations, and so vpon that ground the
intended warr w'h the Dutch here ceaseth also, did order that
all those lawes and orders wch haue bine made aboute stop
ping provissions, prohibbitting trade w'h the Dutch, aboute
keeping horses in each towne for publique service, traynings
vpon this occasion, or other orders wch depend vpon the said
warr, shall be now repealed.
A letter was now by order of this court sent to the Sweeds
at Delaware Bay, informing them of the proprietie wch some
in this colony haue to large tracts of land on both sides of
Delaware Bay & River, and desiring a neighbourly correspond
ency w'h them, both in tradeing and planting there, and an
answer hereof, &c.
The letter from y° Massachusets Gen: Court.
Honored Gent. Wee receiued yor answer to our faire and
equitable pposition of a conference, judged by vs a meete
expedient to begett a right vnderstanding of those things
wch haue bine in debate betweene vs, but instead of a con-
currance w'h vs therein, wch wee expected would haue bine

1654] JURISDICTION OF NEW HAVEN. 113
readily attended, wee finde little but complaints against vs
and a continewed insisting vpon yor first assertions, concern
ing wch wee doe purposely decline debate by wrighting, haue
ing wearied ourselues by that course w'h the comissionrs
[73] || at their last meeting, and though it be gehious to vs
that a difference of this nature should remaine vndecided, yet
hauing vsed our vtmost indeauours, wee doubt not but to finde
rest in the injoyment of our owne apprehensions, and to free
ourselues from the vnjust imputation of the breach of covenant,
sufficiently intimated and charged, especially in our counsells
denying to raise forces agst Ninnigret, according to ye vote of
ye corhissionrs, w'hout alleading any thing in ye comissionrs
determinations to be vnjust.
To wch wee answer,
1. The counsell judged it not necessary to prepossess ye
seuerall colonies, our confederats, w'h the reasons of that act,
but to leaue them free to their owne reason, wch they had no
cause to imagine to be dissonant from that act fill they many-
fest the same.
2. Though the colonies haue declared their dissatisfaction
to ye act of the counsell, yet let vs say, they haue bine as silent
in asserting the justice of ye comissionrs determination as ye
act of ye counsell ye contrary.
3. The colonies ground their offence vpon our counsells not
acting as the comission's determined. The counsell dares not
act, because vpon pvsall and serious consideration of all ye
motives presented by the CQfnissionrs, the saw not ground of
warr. 4. You may please to conceiue that the omission of ye
reasons (in ye vote of ye counsell) to render ye comission's
determinations vnjust in their denying to raise forces against
Ninnigret, might candidly bee interpreted a civillity to ye
comissionrs in refferrence to their honour, so farr as might
consist w'h our peace, and truly, Gentm, it would be no offence
to vs to meete w'h ye like returnes.
The ground, of ye warr is declared to be Ninnigrets invasion
and slaughter of some Indians of Long Island, whom ye Eng
lish are no wayes ingaged to protect, according to ye judgmt
of the commissionrs anno 1644. The English being therefore
free, there was no necessitie of makeing warr, and where
there is no necessitie there is as little justice. The foundation
of the comissionrs determination for a warr thus fayling, Wee
conceive the other alligations in the declaration of the comis
sionrs will be invalid to beare vp the justice of their conclu
sions. Wee are not wanting in ourselues (and wee doubt not
to the satisfaction of all indifferent psons) of answers to ye
15

114 RECORDS OF THE [1654
forementioned alligations, but wee omitt them purposely, to
avoyde plixitie. Wee profess ourselues passionately desierous
of the continewance of our confederacie w*h you, according
to ye genuine interpretation of the Articles and the true nature
of the confederation, and that its a matter of no small greife
to our spirits, (whateuer hath bine charged vpon vs to ye con
trary,) that wee cannot attayne a right vnderstanding betwixt
vs, the wch, yet notw'hstanding, wee shall still waite in expect
ation for, and in the meane time haue thought meete to giue
you notice that our freemen haue chosen their comissionrs,
whom wee resolue to impower as formerly, and shall (if the-
Lord will) attend that worke at time and place w'h the com-
[74] missionrs of yors and the rest of ye colonies, || desiring
to wayte and rest vpon God for a happy and desired close, to
whose gracious guidance wee comitt you, ourselues and
affaires, resolving yet to continew yor affectionate bretheren,
frends and confederats. The Generall Court of ye Massachusets.
Boston, 13th June, 1654. ' Edward Rawson, Secret.
The answer to the foregoeing letter.
Much Honoured Gentlemen, Yors of the 13th of June, 1654,
as a reply to our answer dated Nouem' the first, 1653, wee
received June 27th, w°h answer of ours might haue seemed
harsh and impertinent had it bine onely giuen to a faire and
equitable proposition, but if you please to remember how
vncomfortably these colonies and their comissionrs were this
last yeare exercised by yor streyned interpretation of the Arti
cles of Confederation, seconded and confirmed by yor counsells
refusing to act according to ye agreem* and vote of seven of ye
comissionrs, wee conceive you might well expect complaints;
especially if you keepe in minde that yorselues prepared, and
at Plymouth anno 1648, presented it to ye comissionrs as the
intent or genuine sense of the said articles, that if any juris
diction or colonie doe not submitt and pforme, &c. after due
admonition, then to be responsall to ye rest of ye colonies for
breach of league or covenant ; so that according to yor owne
interpretation then giuen, (w'h wch all the eight comissionrs
fully agreed,) this refusall is a cleere breach of couenant, and
so falls vnder the ll"* Article, to be considered and ordered

1654] JURISDICTION OF NEW HAVEN. 115
by the comissionrs of the other three jurisdictions; but it
rather exceeds the scope and compass of that article, w°h
speakes of ye breach of any of ye articles, whereas yor coun
sells refusall, compared w'h the foregoing interpretation,
seemes to be a premeditated & resolued breach of the whole
confederation, no article standing in any force, if any one of
ye gen: courts, or their counsell, may giue such interpretations
and make such refusalls ; and certainly any one of the other
gen: courts may vpon better grounds (according to right)
expect satisfaction from the Massachusets, for such a breach,
then the Massachusets from Plymouth and Newhauen, for the
absence or late comeing of their comissionrs to the meeting at
Plymouth 1652, being hindered by such ouerruling provi
dences, as may more fully appeare by compareing three
wrightings, yor order, dated October 19th, 1652, Newhavens
declaration or proposition, made the 29th of March, 1653, and
yor conclusion or resolution, May the 19th, 1653.
But more pticularly, as the other colonies haue declared
their dissatisfaction w'h yor counsells refusall, so they haue
sufficiently asserted the justice of the comissionrs determina
tion, (against wch they heard no objection,) in affirming that
vpon grounds in themselues satisfying, seuen of the comissionrs
[75] voted, &c. If all the eight || comissioners should deter
mine a warr, in it selfe as just as that Israel vndertooke against
Jabin, king of Canaan, yet some one gen: court, vpon some
apprehension or respect, (as Reuben, &c.,) may not pfess to
see light, but object and dispute against it. Wee desire to be
excused if wee apprehend it not as a civility, nor be taken w'h
such a pretence, that in refferrence to the honor of the comis
sionrs any grounds to prove ye warr vnjust were then con
cealed. Israelis forementioned warr might (as against Jabin)
haue bine just in some former pt of those twenty yeares
wherein they had bine so oppressed by him, though it seemes
they thought it not necessary, but chose still to suffer rather
then to seeke just liberty w'h further hazard. Notw'hstand-
ing what passed at Hartford, anno 1644, diuers (who professed
to know and remember what agreem's were made w'h the
Long Island Indians) did confidently affirme the English had

116 RECORDS OF THE [1654
covenanted to protect them, and the receiving and payeing
tributt may rationally imply some just defence in such a case.
Joshua & ye princes made peace and a league w'h ye Gibeon-
ites to let them liue, wee read of no covenant to protect them
against the other kings of Canaan, yet the honour and safety
of Israeli being concerned in it, they were (w'h incouragm'
from God) defended against Adoni-zedecks rage, springing
from their complyance w*h Israeli ; wch suits the case in hand,
the cause or rise of Ninnigrets quarell against the Long Island
Indians being their faithfullnes to and dependance one ye
English, as by the determination in question more fully
appeares, but any express couenant or ingagement to protect
them was not laide as any stone in the foundation for the
warr. So that for ought yet appeares, wee may safely prsent
and submitt the comissionrs determination and grounds, as
they stand vpon record, to the impartiall & judicious examin
ation of our superiours in England. The foure gen: courts
cannot w'h conveniency meete but by their representatives or
comittees, and how farr they haue pceeded in those wayes to
setle a right vnderstanding of the Articles you well know.
The comissionrs were troubled, & witnessed against yor inter
pretation, in June, 1653, the two gen: courts for Connecticote
and Newhauen did seuerally soone after, by an answer there-
vnto, indeauor to vindicate the Articles from so strange a con
struction, and in July they sent two of their magistrats and
two of their deputies to labour ye recalling that interpretation,
and setting the (then shakeing) confederation. Lastly, vpon
an earnest and vnfeigned desire to prevent foreseene dangers
and inconveniences, the comissionrs (though vnder some dis-
couragm') mett againe in Septembr, and spent divers dayes
in agitations by wrighting w'h yorselues, but w'hout any reall
fruit; so that, while things stood thus, to send either comis
sionrs or comittee could (at best) but prove lost labour.
Yet, might the combination, both in interpretation and
execution, be againe firmely settled, according to the first
intention and as it stood for tenn yeares together, these colo
nies (forgetting what is past, and w'hout requiring other satis
faction) could humbly renew their couenant, freely close w'h

1654] JURISDICTION OF NEW HAVEN. 117
you, and cheerefully send to meete yo1' comissionrs, in due
manner, time and place, wch wee purpose to doe, hopeing ypr
comissionrs will bring w'h them a cleare and satisfying cirtify
cate of yor reality to continew the confederation, according to
ye true and gramatticall sense of ye articles, whereof wee
desire to heare by the first; wch, as we conceive, will tend
much to ye honor of God, the stopping the mouthes of enemies,
the gladding the hearts of our frends, and to the peace and
comfort of ye colonies. To the guidance and grace of the
wise and faithfull God wee comend you, resting
Yor affectionate Bretheren & Frends, the Genrll
Court for Newhauen Colonie,
Francis Newman, Secretarie.
Directed, To ye Gouerno1 of the Massachusts,
To be comunicated to ye Gen: Court & Counsell there.
It was sent to Connecticote to be subscribed and dated by
them and sent away ye Bay by Plymouth, or otherwise as they
shall thinke fitt, but subscribed at Newhauen, July 15th, 1654.

[76] At a Generall Court held at Newhauen for the
Jurisdiction, the 23th of August, 1654.
Present,
Magistrats. Deputies.
Theophilus Eaton, Esqr, Gouernor. Mr. Gibbard,
Francis Newman,

Mr. Samuell Eaton,

Henry Lindon.

^Magistrats. Robert Treate,
Mr. William Leete, j Thomas Welch.

Mr. Benjamin Fenn, J Mr_ WiUiam Chittendine,
Mr. Thomas Jordan.
Mr. Crane,
Lawrance Ward.
The Gouernor informed the court that the occasion of calling
them together at this time is some intelligence he hath had,
first by some Indians, but more certainly by the magistrats of
Connecticot, Mr. Wells and Mr. Clarke, that Ninnigret hath

118 RECORDS OF THE [1654
hired some other Indians, as Mohaukes or Wampeages, to
assist him in cutting of ye Long Island Indians, or at least
those that wee count our best frends, and that haueing done
that, they intend, as it is thought, to cut of Vncas ; and that
they thinke it of such weight as they intend to send Major
Masson, w'h some few men and some powder and lead, for
their better defence, and desire that this colonie would joyne
and send Leiutennant Seely w'h some men and powder and
lead also, for they thinke it not safe to sitt still and suffer
those Indians w°h are the English frends (as some of the
Long Island Indians haue showed themselues to be) to be
cutt of.
The Court considered of what was propounded, and looke
vpon it as a matter of great weight, and that there are hazards
on both sides, for they are not willing to intangle themselues in
the Indians quarrells, not vnderstanding the grounds thereof,
yet would they doe something, if it might be, to secure them
Indians w°h are our frends from their enemies, and after
much debate, concluded and by vote declared, that they
would send Leiutennant Seely w'h his boate to Long Island,
to the Montaucot Indians, w'h twelue pound of powder and
aboute thirty pound of lead, (wch come to aboue fifty shillings,
ye payement to bee considered hereafter,) and w'h him another
from hence, and order to take vp foure more at Southold, and
so to declare to them Indians, that while they and the rest
there cary it faithfully to ye English, they are frends to them,
and that they haue sent them this powder, &c, not to offend
or hurt Ninigret, or any other Indians, but to defend them
selues, if they be invaded; and that Leiutennant Seely treat
w*h them Indians and Ninigret or other invaders, if they
come while he is there, and pswade to peace, and to bring
their matters before the comissionrs at Hartford, at their next -
meeting aboute a fortnight hence ; but other wayes for their
safety they leaue to their owne consideration; and that he
call at the Riuers mouth to see if Major Masson will goe or
send men or amunition w'h him in pportion to ours, to the
same purpose, according to wch Leiutennant Seely was to
haue instructions giuen him by order of this court.

1654] jurisdiction of new haven. 119
[77] At a Generall Court held at Newhauen for the
Jurisdiction, the 3d of October, 1654.
Present.
Magistrats.
Theophilus Eaton, Esqr, Gouerno1'.
Mr. Stephen Goodyeare, Dept. Gou'.
Mr. Samuell Eaton.

' > for Newhauen.
Francis Newman, )
Mr. Benjamin Fenn, for Milford.
Mr. William Leete, for Guilford.
Deputies.
Mr. William Gibbard, j Nwhauen.
Henry Lindon, )
Robert Treate, )MiUford
Thorn: Welch, )
Mr. Chittendine, j Guilford>
Mr. Jordan, )
Richard Law, ) _ „ n
Francis BeU, j Stamf°rd-
Mr. Crane | Brandford.
Lawranc Ward, )
Stamford deputies were acquainted that the barrell of porke
that they sent from Stamford, to helpe to paye for the amuni
tion, wanted, in porke and other charges to make it pass, six
shillings and six pence, wch they must allow to the juris
diction. The conclusions of the comissionrs at their last meeting at
Hartford were read to the court and approved, wherein it
appred that thirty one men were to be raised in this colony,
to joyne w'h the other colonies vpon a designe against Ninigret,
whereof sixteene were to be forthw'h sent from hence, to meete
w'h some from the Bay and Connecticote, at Thomas Stantons,
the 13th instant, for the takeing away the Pequotts from Nini
gret & attend other service, according to the comission and
instructions giuen by the comissionrs, wch the court now

120 RECORDS OF THE [1654
agreed to raise, which, w'h two seamen to cary them and their
provission by water, makes eighteene men, whereof 8 are to
be sent from Newhauen, 3 from Millford, 3 from Stamford, 2
from Gilford, and 2 from Brandford. They also agreed of
pvissions to be sent for a moneth as followeth, 6 barrells of
beare, 5 C. of bread, one barell of beefe, i bar: of porke, 100'
of cheese, i barel of pease, and 3 gallons of strong water, w'h
euery man 2H of powder, & shot answerable for a stocke;
beside 1[ of por & shott answerable, wch every man is to cary
w'h him; w'h some coats, euery man his knapsacke and
muskit, and other fitt armes for the service, 6 trayes, 6 dishes,
and one kettell ; and for the cheife officer for this colony in
this service, the court chose Leiutennant Seely, and Serjant
Jeffery for serjant ; and the other fifteene men are to be forth
w'h pressed, that they may be in readiness to attend further
service if they be called to it.
It is ordered that vpon the 12th day of this moneth, being
the fift day of the weeke, shall be a day of humiliation, to
seeke God for a blessing vpon this enterprise in hand.
The Gouernor was desired to write a letter to Mr. Winthrop,
in ye name of this court, to invite him to come and liue at
Newhauen if he doe remoue from Pequott, at least for this
winter season.
[78] || Phillip Carwithy and Caleb Carwithy were complained
of for traueling from Milford to Newhauen last Saboth day in
the afternoone. Phillip appeared, but Caleb being sicke could
not, he answered that it was to pursue Charles Taynter, for a
debt of considerable valew, who fled from them from Fairfeild
while they were treating aboute it, and they heard he was
presently to goe to Virgenia, and so they were in feare wholy
to lose it, and that they indeauoured to get a horse at Milford
to come the afternoone before but could not, and they being
weary w'h traueling were not able to come on foote. Hee
was told there was no such hast but they might haue staide
till the next day, for here was no vessell so suddenly to goe to
Virgenia, and such things as these must not be borne w'h, but
because it is the first time, and that they apprehended some
danger of loseing the whole, the court is content that it shall

1654] JURISDICTION OF NEW HAVEN. 121
pass w*h an acknowledgm* of their miscariage in ye publique
assembly after exercise, both here and at Millford, pvided that
this bee no president to them or others who shall be found in
the like miscariage hereafter.

At a Court of Magistrats held at Newhauen for the
Jurisdiction, the 18th of Octobr, 1654.
Present.
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeer, Dept. Gou'.
Mr. Samuell Eaton, N
Francis Newman, I M istmts.
Mr. Benjamin Fenn,
Mr. William Leete,
Goodman Higby of Stratford informed the court that he
bought a boate of the wife of Jonas Wood of Southampton
and had it in possession, and coming to Southhold he mett w'h
Jonas Wood who attached the boate, and by order from the
constable there had it deliuered to him, Jonas Wood being
bound to prosecute his attachment at this court, for wch cause
goodman Higby now appeared, but Jonas Wood appeared not,
nor any for him.
But to proue he bought the boate, he presented a bill of
sale dated July the 28th, 1654, also a testimony of Henry
Easton vpon oath before goodman Grove of Stratford, to
proue that Woods wife had formerly told her husband that
she would sell the boate and he contradicted it not, and that
she had sould a paie of oxen in his absence, w'h other goods,
& received paye, &c.
Richard Mills of Stamford, now in court, testifyed vpon
oath, that he had bought of the wife of Jonas Wood, (called
Hallifax Jonas,) seuerall goods in her husbands absence, w°h
her husband hath alowed of and received pay of him for them,
also he hath bought goods of the said Jonas, and in his
absence, vpon her demand, hee hath paide her for them, w°h
be hath alowed also. 16

122 RECORDS OF THE [1654
But Jonas Wood not being here, there was no further pceed-
ing at present.
[79] || Mr. Linge, atturny for Capt. Silvester, appeared to
answer Mr. Leueridg in an action entered against him at the
court of magistrats in May last, but Mr. Leueridg appeared
not, nor any for him, wherefore the court declared the ingag-
ment wherein Capt. Siluester stands bound, to be voyde.
Thomas Stapley of Fairfeild informed the court that at the
court of magistrats in May last, he entered an action against
Mr. Ludlow for slandering his wife, wch consisted of three
pticulars, two of which were then issued, but vpon the motion
of Ensign Bryan, then and now atturny for Mr. Ludlow, the
third branch was respitted to this court, that proofe might be
prepared. The plantiff therefore desired the court now to
pceede and issue the third part, viz', Mr. Ludlow his charge
at seuerall times that Thomas Stapleys wife had gon on in a
tract of lying. That he so charged her was formerly proued
by three testimonies vpon oath, wch were now read, and
Ensigne Bryan demanded whether hee could proue against
her such a tract of lying, he answered he had nothing to say
in the case at present. Wherevpon the court considering the
nature of the charge, her relation to the church at Fairfeild,
and the censure such a tract proved might haue brought vpon
her, by way of sentence ordered, that Mr. Ludlow paye to
Thomas Stapley, towards ye repairing his wiues name so
defamed, w'h trouble and charge in prosecuting, the some of
tenn pounds.
Martha, now the wife of John Richardson of Stamford,
was charged w'h fornication, proued by her being w'h child
some monethes before marriage, and that to avoyde or stopp
reproach, her husband had carried her to Roxbery in the
Massachusets, where she was deliuered of a child in January
last, at the house of Mr. Joshua Hughes, weh child liued
aboute or aboue a moneth and then dyed, but how and in
what manner, the court thought worth inquirie. Sundrie
wrightings were also presented to the court from Stamford, as
the examination of John Richardson and his wife; hee confest
his wife was w'h child before marriage, that he knew it, but

1654] JURISDICTION OF NEW HAVEN. 123
denyed himselfe to be the father of ye child., that he caried
her from Stamford to Roxbery before childbearing, to avoyde
the shame ; being demanded of ye court at what time hee did
marry Martha his wife now in question, he answered, aboute
ye latter end of wheat harvest, and she had a child in January
folowing. Martha confest her being w'h child before marriage,
but boldly affirmed she neither did nor doth know who was
the father of it, she being taken w'h a fitt of swooning in her
masters house at Stamford, was caried to bed in another rOome,
but knowes not by whom, when she came to herselfe she saw
Joseph Garnesy in the roome, and conceives she had bine
abused in her fainting fitt, but knowes not by whom, onely
Joseph Garnesy and John Ross were iii the house that euening.
The examinations and testimonies of John Ross, goodwife
Knapp, goodwife Stocke, goodwife Buxton, goodwife Webb
and goodwife Emry, were read, and ye information of Joseph
Mead her brother was heard, by all wch it appeares she had
bine subject to some fainting & swooning fitts, mixed w'h
[80] some short distempers of frensy, || but w'hall that she
had, impudently and against her full knowledg, denyed her
being or haueing bine w'h child, after she had bine deliuered
of a child at Roxbery.
So that vpon consideration of ye case as presented & con
fessed, the court could not but judg her guilty, both of knowne
fornication and continewed impudent lying, beleeuing that no
woman can be gotten w'h child w'hout some knowledg, con
sent and delight in the acting thereof, and that she deserves to
be publiquely and seveerly corrected by whipping, but consid
ering she is now great w'h child, and according to testimony
apt to fall into the forementioned fitts, w'h due respect to her
condition they ordered, that tenn pounds be paid as a fine to
the jurisdiction w'hin a yeares time for her hainous miscariages ;
for the due payement whereof John Richardson her husband,
and her brother Joseph Mead, did before the court as sureties
ingage, and entered into a recognizance of fifty pounds for ye
same, and vnder the same penalty promised and bound them
selues that, betwixt this and the court of magistrats in May
next, they would bring a satisfying cirtifycate from Roxbery

124 RECORDS OF THE [1654
concerning ye death of ye child, both w°h being duely pformed
their ingagm' and ecognizance are voyd & discharged, but
till then stand in force, and in ye meane time if she duely
acknowledg her sinn and truely declare who is ye father of the
child the court will consider of some further mittigation.

At a Court of Magistrats held at Newhauen for the
Jurisdiction, the 26'n of January, 1654.
Present,
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeere, Dept. Gou'.
Mr. Samuell Eaton,
Francis Newman,
Mr. Benja: Fenn,
Mr. William Leete.
Lawranc Corneliusson, a Duchman, was called before the
court and told that he is charged w'h seuerall great mis
cariages in affronting the authority set vp by this jurisdiction
at Milford, in a verey high degree and contemptuouss manner,
for when another Duchman who had bine scandalously, and
for himselfe dangerously, drunke, and ye complainte of it
brought to ye magistrate who sent the marshall for him, he, the
[81] said Lawranc, answered he || should not come then, but
when he listed, wherevpon the marshall returned, but quickly
after the man that was drunke came on shore, and the mar
shall seized him and was carying of him before the magistrate,
and the said Lawrance followed, crying aloude after the mar
shall, Stay you rouge, Stay you rouge, and in the magistrats
house caried it w'h high contempt before all present, puting
his hand to his mouth and pulling it backe in a scornfull
manner, as if he would say, doe yor worst, I care not for you,
and when the man should haue answered for himselfe, he
interposed, would not suffer him to speake, but bid the deuill
take him if he spake a word, and after put him out of the dore
and bid him be gone, and that none might follow him he shut
the dore and stood against it, and did vtter seuerall oathes

1654] JURISDICTION OF NEW HAVEN. 125
w'h cursing before the magistrate; then the magistrate told
him he must now stay and answer, both for the offendor whom
he had so rescued, and for his owne miscariages ; he then went
away, and being sent for in, would not come, but said he would
bee hanged and drawne first, and he would as soone come before
the deuill as before the magistrate, and the marshall being
cofhanded to fetch him in, and if he refused to force him, he
refused to submitt, and tooke his knife in his hand and held
it vp and said, touch him who durst, and offering to take a
sticke to make resistance, one struck him and broke his head ;
so they brought him back to ye magistrate, who repeating his
miscariages to him, he told ye magistrat he lyed, though the
marshall then present testifyed the truth of what the magis
trat said to his face ; then he demanded to see the law against
drunkenness and swearing, w°h being read, hee said, This is
the law of man, but not of God, and when the magistrate
comanded the marshall to take charge of him, he would not
submitt but said, kill him, hange him, he would not goe w'h
him; and when the next day the court at Milford (hear
ing of these miscariages) sent for him, he contemptuously
refused to come but said, kill him, hang him, drawe him w'h
horses, he would not come, wherefore they referred it to ye
court of magistrats, w°h thing he also desired ; and when he
was gone from the magistrate he asked those that were aboute
him, whether they knew the story ©f Samsons revenge vpon
the Phillistines, how he tyed fire-brands betwixt the tayles of
foxes and burnt their corne, and bad them remember it, as if
he thought the English were Phillistines and he purposed a
revenge ; and in further discourse biding them kill, hang him,
&c, he added he would rather be cast into the sea then
buryed at Milford, his bones should not be in Milford, repeat
ing the story of Joseph, who would haue his bones caryed out
of Egipt, as if Milford were as Egipt to him ; and to defend
the Duchmans drunkenness, he professed himselfe to be a
drunkard, and asked the English aboute him if they were not
so, Haue not you, and you, bine drunke, adding that at the
Mannadoes they were not punisht for drunkenness, but vsed
after they had bine drunke to say, God forgiue vs, or be

126 RECORDS OF THE [1654
mercyfull to vs, and that was enough; he asked also what
witnesses they had against him, and when he was told they
had many, he answered, Many false witnesses came in against
Christ. His miscariages being thus charged, he was told he had
libertie to answer for himselfe, and if he objected against the
truth of any of the pticulers, proofe was ready. The testimony
of Samuell Hopkins vpon oath was brought in writting and
read to him, and other witnesses were come in pson from Mil
ford to testifye his seuerall miscariages vpon oath before him,
but if he confest it, oathes may be spared. He said he sub-
mitts to ye charge, for he was in such a passion as he remem
bers not what he did or spake, and is ashamed of it, and Mr.
Allerton (whom he desired might be prsent to speake for him)
said he did beleeve they were all true, for he had bine at Mil
ford and heard the thing confirmed, but thinks the man was
in such a passion as he knowes not what he did.
The said Lawrance was asked if he had any occasion given
[82] him that || might cause him to cary it thus, he said no,
but God left him & he is ashamed of it.
After w°h the court considering how he had contemned and
trampled vpon authority, disturbed the peace of the jurisdic
tion, (beside his slighting or censuring the English,) that vpon
his earnest suite the magistrats were now called from seuerall
plantations at an vnvsuall and inconvenient time to keepe this
court, that the marshall at Milford hath bine put vpon much
attendance and vpon two jurnyes from Milford heither, w'h
other testimony, because he had here, (beside what passed at
Milford,) more then once pemptorily denyed some of his
charges, and that the marshall at Newhauen, ' beside other
attendance, had bine charged w'h his diet, lodging, &c, did
by way of sentence order, that Lawrance Corneliusson paye as
a fine to the jurisdiction forty pounds, and that he make a due
and publique acknowledgm* of his miscariages, at Milford
where they were comitted, owneing his sinn and shame for it,
wch if not pformed to satisfaction there, he is to be sent backe
to Newhauen and the court will further consider of it.
The 30th of January, a petition was prsented from Lawrance

1654] JURISDICTION OF NEW HAVEN. 127
Corneliusson,. (while the generall court' was sitting,) wherein
hee ownes his fayling in seuerall pticulers, w'h a desire that
both God and man would pass it by, acknowledgeth the fauour
of the court, and desires a continewation of ye same, mentions
much loss he hath received vpon his vessell and in his goods,
beside the charge of his family w°h is greate, by wch meanes
he is at prsent disabled to make payem' of the fine of forty
pounds imposed vpon him, and therefore desires the court to
order a mittigation as they shall see meete ; vpon consideration
whereof, the court saw cause to order, that ten pounds shall
be abated and but thirty pounds remaine, wch vpon Mr. Aller-
tons request was agreed to be forborne three nionethes, tiie said
Mr. Isack Allerton senior ingageing before the court, that
w'hin three monethes from this time the said thirty pounds
shall be paide to this jurisdiction.

[83] At a Generall Court held at Newhauen for the
Jurisdiction, the 30th of January, 1654.
Present.
Magistrats.
Theophilus Eaton, Esqr, Gouerno1'.
Mr. Stephen Goodyeare, Dpt. Gou'.
Mr. Samuell Eaton, j Newhauen.
Francis Newman, )
Mr. Benjamin Fenn, Milford.
Mr. William Leete, Guilford.
Deputies.
Mr. William Gibbard, j Newhauen.
Henry Lindon, j
Robert Treat, ) Milf()rd_

Thomas Welch,
Mr. Chittendine, \ GuilforcL
George Hubbard,
Mr. Crane,
Lawranc Ward,

Brandford.

128 records of the [1654
A petition was presented to the court by Leiutennant Seely,
to desire the court to consider that he had suffered much loss
by beeing called to attend the service of the jurisdiction, in the
designe intended against the Duch in the yeares 1653 & 1654,
both fayling as they know, he was disappointed, though hee
had left his otlier occasions to attend therevpon. The court
considered of what was propounded, and though they did not
absolutely require his attendance therevpon, specially to ye
former, but propounded the case to him, though in the latter
they sent for him, yet that they might incourrage him in any
service this way, they are willing to alow him fiue pounds, wch
they ordered to receive of ye jurisdiction treasurer.
John Tompson and Humphery Spining propounded for
satisfaction for themselues and boate for the voyage to the
Narragansets, vpon wch they were, from the time they were
pressed till they returned and were freed here, thirty dayes,
for wch they require eight pounds, and six and thirty shillings
two pence for damage they received in aples wch they had
loaden to cary to Longe Island, and ten shillings for two pare
of shooes w°h two of Stamford souldiours had. The court
told them they might haue made a voyage to Guilford before
they went, and haue eased the charge. They answered their
boate wanted some mending to fitt it for the intended voyage,
though she was sufficient for their occasions to the Island, and
after she was mended the winde was against them. They
were told that while they lay here on shore before they went,
wch was nine or ten dayes, the court thinkes halfe paye suffi
cient, but that they may incourage them or any other whom
the jurisdiction imployes, they shall onely abate them of what
they demand fifteene shillings, for two dayes while their boate
was a mending, and ordered that they should receive for them
selues & boate in the service, w'h the loss in their aples and
for the shooes, nine pounds & fifteene shillings.
A petition was prsented by Thomas Munson and Coopr of
Newhauen, on behalfe of a company of persons intending a
remoue to Delaware Bay,* wherein they propound, that for
* At a General Court for the town of New Haven November 2, 1654, the governor
read a letter he wrote on the 6th of July, by order of the general court, to the Sweeds

1654] JURISDICTION OF NEW HAVEN. 129
the inlargment of the kingdome of Christ, the spreading of the
gospell, and the good of posteritie therein, that they may liue
vnder the wings of Christ, they would afford some incourrag-
ment to help forward so publique a worke.
1. That two magistrats, Mr. Samuell Eaton and Mr. Francis
Newman, may haue libertie from this court to goe in person
at first, and in case they see not themselues called to lay out
[84] so much of their estate || as is like to be disbursed in
such an vndertakeing, that then it would please the court that
out of the jurisdiction they may be honnourably provided for,
as men that are willing to lay out themselues for the publique "
good. 2. In case that there be an vndertakeing, they that goe may
at first goe vnder the protection of this jurisdiction, and that
in case of any affront the jurisdiction will ingage to assist, till
by the blessing of God they may be able of themselues to set
governor, with his answer in Latin, dated August 1st, and the answer of the commis
sioners to that, dated Sept. 23d. At the same time he informed them that while
attending the meeting of the commissioners at Hartford, several had spoken with him
in reference to settling at Delaware Bay, if it might be planted. The town was desired
to consider which way it may be carried on. After much debate about it, and scarce
any manifesting their willingness to go at present, a committee was chosen, viz. Robert
Seely, William Davis, Thomas Munson and Thomas Jeffery, to whom any that are
willing to go may repair to be taken notice of, and that if there be cause they treat
with those of New Haven who have purchased those lands, to know what considera
tion they expect for them.
On the 27th of November the committee reported that they had spoken with sun
dry persons in the towne, but that not answering expectation, they got a meeting of
the brethren and neighbors, and for the most part they were willing to help forward
the work, some in person, others in estate, so the work might be carried on and founda
tion laid according to God; and at that meeting they desired that the governor and
one of the magistrates, with one or both the elders, might by their persons help for
ward that work, whereupon they had a church meeting, and propounded their desire.
The elders declared they were willing to further the work and glad it was in
hand, but Mr. Davenport said, in reference to his health he sees not his way clear to
engage in it in person, nor Mr. Hooke, because his wife is gone for England, and he
knows not how God will dispose of her. The governor gave no positive answer, but
said it was worthy of consideration.
They further informed that some from other plantations see a need of the work and
are willing to engage in it, and the rather if it be begun by New Haven, and founda
tions laid as here and government so carried on, thinking it will be for the good of
them and their posterity.
They also declared that they had treated with the proprietors about the purchase of
the land, and understand that they are out above six hundred pounds, but are willing
to take three hundred pounds, to be paid in four years.
It was propounded to Mr. Samuel Eaton and Mr. Francis Newman to go with the
company, who took the matter into consideration, and on the 11th of December, signi
fied their conditional assent. New Haven Town Records, ii. 158, 160.
17

130 RECORDS OF THE [1654
vp a Comon wealth according to the fundamentalls for gouerm'
laid at Newhauen.
3. That seeing our numbers are yet small, aboute or betwixt
50 and sixty, wee desire the court to consider what number
they thinke may be a competent number, that wee may serue
Gods pvidence and yet not let the worke fall for want of too
great a number.
4. That two great gunns and powder and what belongs to
them might be granted.
5. Seeing that most that haue purposes to goe doe onely for
publique respects vndertake, and not for any need at present,
and therevpon doe leaue their houses and land w'hout that
improvement that they themselues did make, they desire that
for some time, as the court shall thinke meete, they may be
freed from rates and publique charges.
6. Seeing that they whose hearts God stirs vp to vndertake
at first, are men for the generall of no great estates, and some
cannot goe w'hout help, wee desire that a some of money may
be raised in this jurisdiction, wch may be imployed, either to
buy a small vessell that may attend the service, or otherwise,
as shall be thought meete. Now that wch occasions this last
is not onely the sense of the great expence and charge at first,
and the present need that some haue now, but also wee haue
heard from sundrie, that generally men are willing to help on
the worke, either by psons or estats. Thus beging pardon for
our bouldness, and humbly desire to comitt all yor consulta
tions vnto the direction of the God of wisdome, and so remaine,
Newhauen the 30th Yors to be cofhanded,
of the 11th moneth, 1654. John Cooper,
Thomas Munson,
in ye behalfe of the rest.
To wch the Court returned,
That hauing read and considered a papr of some propositions
presented by Thomas Munson and John Cooper of Newhauen,
in the name and behalfe of sundrie psons of this jurisdiction
and elswhere, appearing as vndertaker for the first planting of
Delaware, in order to ye publique good of this jurisdiction and
the inlargment and further advancment of the kingdome of
Christ in these parts, doe retiirne in answer as followeth.
1. That they are willing so farr to deny* themselues for the
furtherance of that worke in order to the ends propounded, as
to grant libertie to one or both of those magistrats mentioned
to goe alonge w'h them, who, w'h such other fitt psons as this

1654] JURISDICTION OF NEW HAVEN. 131
court shall see meete to joyne w*h them, may be impowered for
mannaging of all matters of pivill gouerment thee, according
to such comission as shall be given them by this court.
[85] 2. That they will either take the proprietie of all the
purchased lands into their owne hands, or leaue it to such as
shall vndertake the planting of it, provided that it be and
emaine a part or member of this jurisdictio. And for their
incouragment they purpose when God shall so inlarge the
English plantations in Delaware as that they shall grow the
greater part of the jurisdiction, that then due consideration
shall be taken for the ease and conveniency of both parts, as
that the gouernor may be one yeare in one part and the next
yeare in another, and the dept. gouernor to be in that part
where the gouernor is not, and that genrll courts for makeing
lawes may be ordinarily but once a yeare, and where the
gouernor resids ; and if God much increase plantations in
Delaware and deminish them in these parts, then possibly
they may see cause that the gouernor may be constantly there
and the deputie gouernor here, but that the lesser part of the
jurisdiction be protected and eased by the greater part, both
in rates and otherwise, wch they conceive will be both accept
able to God and, (as appeares by the conclusions of the comis
sionrs, anno 1651,) most satisfying to the rest of the Vnited
Colonies. 3. That for the matters of charge propounded for incourag
ment to be giuen or lent, to help on their first beginnings,
they will propound the things to the seuerall pticuler planta
tions and promove the buisnes for procuring something that
way, and shall returne their answer w'h all convenient speede.*
* At a General Court for New Haven March 16th, 1654-5, The town was informed
that the occasion of this meeting is to let them understand how things are at present
concerning Delaware, now John Cooper is returned ; he finds little encouragement in
the Bay, few being willing to engage in it at present, and therefore they may consider
whether to carry it on themselves or to let it fall. Mr. Goodyear said notwithstand-
s landing the discouragements from the Bay, if a considerable company appear that
will go, he will adventure his person and estate to .go with them in that design ; but a
report of three ships being come to the Sweeds, seems to make the business more diffi
cult. After much debate about it, it was voted by the town in this case, that they will
be at twenty or thirty pound charge, that Mr. Goodyear, Serjeant Jeffery , and such
other as they think fit .to take with .them, may go to Delaware and carry the commis
sioner! leijter ,ajid jreat with the Sweeds about a peaceable settlement of the English

132 RECORDS OF THE [1654
The Court considering the sad state of things in Old Eng
land, our native cuntry, as appeares by what intelligence they
haue received from thence since they came together, thought
it their duty to set a day apart in the whole jurisdiction for
humiliation and solemne seekeing of God in fasting and praire
on their behalfe, w°h is appointed to bee vpon Wedensday
come three weekes, w°h will be the last day of February next.

At a Court of Magistrats held at Newhauen for the
Jurisdiction, the 2d of February, 1654. — Present,
Theophilus Eaton, Esqr. Gouernor.
Mr. Stephen Goodyeare, Deputie Gou'.
Mr Samuell Eaton.
Francis Newman.
Mr. William Leete.
Mr. Benjamine Fenn.
Walter Robinson of the age of fifteene yeares, a seruant to
Mr. Fowler of Milford, was called before the court and told
that he stands charged for coinitting that horrible sinn of
upon their own right, and then after harvest, if things be cleared, company may resort
thither for the planting of it.
On the 9th of April, 1655, The town was informed that there were several who have
purposes to go, but they conceive they want number of men and estate to carry it on,
now if any be willing to further it in person or estate they may do well to delare it. It
having been first made known to them that though they may go free and not engaged
to be a part of this jurisdiction, yet they and all such as come after must engage upon
the same foundations of government as were at first laid at New Haven, which were
now read unto them, and though some objections were made, yet notwithstanding, the
business proceeded, and divers declared themselves willing to further it.
And for their further encouragement the town granted, if any go and leave none in
their family fit to watch, their wives shall not be pufrupon the trouble and charge to
hire a watchman, the persons only which are present being to carry on that service.
They also further agreed to lend the company the two small guns which are the towns,
or else one of them and one of the bigger, if they can procure leave of the jurisdiction
for it, with at least half a hundred of shot for that bigger gun, if they have it, and a
meet proportion of musket bullets, according to what the town hath, and also a barrel
of that powder which the town bought of Mr. Evance. And concerning their houses
and lands which they leave, what of them lyeth unimproved shall be freed from all
rates one year and a half from the time they leave them, paying as now they do for
what they improve. Then they shall have one years time more, that they shall pay
but one penny an acre for fenced land and meadow as they do at present.
Town Rec. ii. 165-7.

1654] jurisdiction of new haven. 133
beastialitie, w'h a bitch, and therein abasing the nature of
man in a most filthy way, and that vpon the Lords day. His
examination before the court at Milford, w'h a testimony of
Edward Willson, a seaman, vpon oath, were read, wch are as
followeth, [A page of the Record containing details of the testimony is here omitted.]
[86] The court, hauing heard the examinations, confession
and proofe concerning Walter Robinson, by way of sentence
declared, that his sinn is such as by the law of God and the
law of this jurisdiction he ought to dye, and therefore the
court dare doe no other but pronounce the same, that all
others may heare and feare, and take warning not to comitt
[87] || such wickedness. Wch sentence of death is to be
executed vpon him by hanging vpon the gallowes, and that
the bitch w'h w°h he hath committed this horrible wickedness
be killed in his sight at that time, wch is ordered to be the
first Wedensday in March next, that so in the meane time he
may consider his sinn and repent and seeke to God in Christ,
that mercy may be showed to his poore soule.
Mr. Samuell Goodanhouse informed the court that Mr.
William Westerhouse is in his debt a considerable some, both
vpon pticuler accounts, and likewise in ptnershipp w'h him,
w°h he could not acquainte ye court w'h when that buisnes
was tryed in ye court, because he was then prisoner at Fyall.
He further said that hee heares the house of the said Mr.
Westerhouse is to be sould, he desires that he may buy it and
set of his debt that way ; hee was told, for his debt it must be
proued to the courts satisfaction, and for the house, it is not
Mr. Westerhouses, but turned ouer to Mr. Benzio for part of
his debt, & if he buy -the house he must lay downe the price,
wch must bee for the vse of the creditors as the court of magis
trats shall order, but the court now ordered that the house
shall be sould by an inch of candell, the 13th of this moneth,
he that bids most to haue it, for good, currant, cuntry paye, at
currant price.

134 RECORDS OF THE [1655
At a Court of Magistrats held At Newhauen for Ye
Jurisdiction, the 28th of May, 1655.
Present,
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeere, Dpt. Gou'.
Mr. Samuell Eaton, ^
STwimrSe, [*•*-¦
Mr. Benjamin Fenn, J
William Ellit and Hanah Spencer were called before the
court & told that the court hath bine informed of some
vncleane, filthy cariages betwixt them in William Benfeilds
boate, and as Hanah Spencer hath said, she was by the said
Elit forced therevnto, but Ellit denyed it, wherevpon Hanah
Spencer was called to speake, who declared that she tooke a
passage in William Benfeilds boate to goe from Milford to
Stamford, in the way as they went one night? when she was
in ye cuddy, Benfeild then sitting at the dore, William Ellit
came in to her and asked her if she would haue him, she
answered it was not in her power, she was at the dispose of
the church at Milford, but after this hee fell vpon her and by
degrees got vp her coates and had carnnall knowledg of her,
but w'hout her consent, yet she saith Benfeild was then in ye
cuddy, they three lying closs one by another and she in the
midest. Ellit at first denyed any such thing, but after did
confess he had had carnnall knowledg of her, but not by
force but w*h her consent, and that he had endeauoued it
that time she speakes of in the night but could not, but in
the morning while the boate was sayling, he was at the
[88] || helme, and being cold desired Benfeild to take ye
helme, and he went into the cuddy to her, and she spake as
pittying of him, saying he shaked w'h cold, and he laye downe
by her and then w'h her consent did it, but forced her not.
Hanah Spencer said it was not true, it was but one time
and that was in the night when Benfeild was in the cuddy.
She was asked how that could be a forced act, when another
lay closs by and saith he cannot tell that any such thing was

1655] jurisdiction of new haven. 135
done, nor did hear her cry out, onely one time he heard her
say w'h a mild voyce, William Ellit let me aloane; and
Gregory Taylor of Stamford who was then in ye boate, and
by reason his wife was sick, was kept awake all night, yet
heard no crying out, wch she would haue done had not her
consent bine gained; and further he testifyeth, that Hanah
Spencer caried it pleasingly to William Ellit afterward, and as
they both confess, fell into a further treaty of marriage in
Benfeilds presenc, who pswaded therevnto, and agreed to be
married at Geenwitch, though after when she came at Stam
ford she was vnwilling, hauing heard by the wife of Jn° Gra-
den, a Duch-man, that Elit should say to her husband, that he
had got a sweet-heart who was an vgly creature but she had a
good portion, and when he had got that, he would giue her a
kicke, this was now testifyed by Jn° Graden vpon oath.
William Benfeild was called and told that he is charged w'h
seuerall miscariages wch he must answer to, first that he hath
neglected his trust, not lookeing to Hanah Spencer whom hee
tooke into his boate, but hath by his negligence (and it is well
if not by his consent) suffered her chastitie to be voyolated, &
that he himselfe had in a filthy way touched her naked body,
wch he said was accidentall ; he was told it doth not so appeare,
he hauing boasted of this w'h other filthy passages to the sea
men in Mr. Mayoes vessell, and being ouerheard by Mr.
Leueridg, (who was then aboard,) and reproued for it, he
said if he had known he had bine there" he would not haue
spoken so. Againe it inceaseth his fault exceedingly that he
suffered Ellit a second time (knowing of ther filthyness the
night before) to goe into the cuddy alone w'h Hanah Spencer,
and there to haue opptunity to doe so wickedly, and that he
alowed of a treaty of marriage in his boate and pswaded there
vnto and was witnes of it, w'hout consent of parents or any
wch had the dispose of her, w°h carriages, though plaine and
euident, yet he would not at first owne, but afterward confest
the things were true, and for his sinnfull, words in Mr. Mayoe's
vessell, he is ashamed of them and ashamed to name them
before ye court, and confessed he should haue bine more care-
full of his trust and not haue suffered such treaties of mar-

136 RECORDS OF THE [1655
riage, especially w'h William Ellit whom he knew to be
naught, though for want of other help was forced to make vse
of him in that voyage.
The court hauing considered the miscariages of tiiese per
sons seuerally, proceeded to sentenc, and for William Ellit,
though they finde no satisfying evidenc that it was a forced
[89] rape, yet it is a || hainious filthyness, and it is likely was
begun in a way of force though after her consent might be
drawne, but as fornication it is a great sinn and folly in a high
degree, and seueerly to be punished, beside his inticeing to
marriage, w'h a purpose declared that after he had got her
portion he would giue her a kicke, &c. For wch filthyness
Ellit is to be seveerly whipped, and for inticing her to mar
riage w'hout consent of those who had the dispose of her, that
he pay forty shillings fine, and that he beare all charges the
jurisdiction hath bine put to aboute this buisnes, and remaine
a prisoner till this sentence be fullfilled.
For Hanah Spencer, the court lookes vpon her miscariages
as great, though they conceive she hath bine drawne by cor
ruption and temptation, yet they cannot but judg that she
deserues to be seueerly corrected, but considering the weak
ness of her body, (wch is more then ordinary,) they order that
she paye as a fine to the jurisdiction tenn pound, and that she
bee prsent at the whipping post when Ellit receives his cor
rection, that she may in some measure beare ye shame of her
sinn. And for William Benfeild, because he did not at first attend
his trust in lookeing to Hanah Spencer as he ought, and for
giuing an opptunity a second time for Ellit to pfect his filthy
ness, for speaking filthy, base words, such as himselfe saith he
is ashamed to name before the court, aboard Mr. Mayoes ves
sell, and that he would be a witnes of and a pswader to a mar
riage to be accomplished betwixt them, w'hout consent of those
wch had the dispose of her, for all wch he is sentenced to paye
fiue pound as a fine to the jurisdiction.
For Hanah Spencers fine of ten pound Mr. Priidden now
ingaged to ye court to see it paide.

1655] JURISDICTION OF NEW HAVEN. 137
And for the fiue pound due from William Benfeild, Ensigne
Bryan ingaged to see it paide.
John Knight was called before the court and told that he
is charged w'h comitting filthyness in a sodomitticall way w'h
Peter Vincon, his master Judsons boy, of the age of fourteene
yeares or somewhat more. He denyed that he had comitted
any such filthyness w'h him at any time, or w*h any other,
since w'h the chilldren of Francis Hall, but he was told such
things would be proued against him, wherevpon a testimony
of Thomas Richards and Samuell Richards was read, wch is
vpon oath, taken before the gouernor, wch they now in court
before John Knight affirme to be true, wch testimony is as
followeth, t
[About three pages of the Record are here omitted, as containing matters of a
nature deemed unfit for publication.]
[91] James Clarke and his wife were told that they are
exceedingly to blame, that knowing what a filthy fellow Jn°
Knight was before w'h Francis Halls chilldren, and being now
informed that he had begun this way of filthyness w'h their
daughter, they would let her stay there and not complaine of
him to publique authority. They said they did intend it, but
goodman Judson promised he should goe away and while he
was there they should not be together.
Goodman Judson and his wife were told that they haue don
exceeding ill in that they haue concealed these things from
publique authority, specially seeing they knew Jn° Knight
what he was, and how neere death for filthynes of this nature
before, for wch he was punished and wore a halter, but by his
meanes it was taken of. They haue neglected their trust and
duty towards Mary Clarke and her parrents, leting Knight and
she be alone together, thereby giuing him opptunity both to
abuse and corrupt her, and that contrary to their promise to
James Clarke and his wife, and not onely conceale it them
selues, but counsell Mary Clarke to conceale it also, all wch
renders them very guilty. They said they did endeauour to
keepe the asunder, but it was testifyed by seuerall that they
haue bine often together alone, in the meddowes, in ye woods,
18

138 RECORDS OF THE [1655
in ye corne feilds, and two or three times in ye barne husking
corne, of w°h things goodman Judson could not cleare him
selfe. These things being largely and fully debated, the court
tooke them into serious consideration, and remembering John
Knights former cariage w'h the children of Francis Hall, a
loathsome filthyness, for wch he was then neere vnto death
and therefore was sentenced (beside other punishment) to
weare a halter aboute his neck, and hauing advised w'h the
elders of the jurisdiction concerning John Knights miscariages
in all the forementioned pticulers, by wch it is evident he is a
leud, prophane, filthy, corrupting, incorridgable pson, a noto
rious lyar, beside that sodomitticall attempt so proued, and
other filthy defyling wayes, tending to the very destruction of
mankinde, and this gone on in time after time, so that there
seemes to be no end of his filthynes nor no meanes will
reclaime him, whether publique punishment nor private warn
ings, wherefore the court cannot thinke him fitt to Hue amonge
men, and therefore doe by way of sentence order, that John
Knight be put to death by hanging vpon the gallowes. After
[92] wch sentence, both to the marshall and || others, Jn°
Knight confessed that all that Mary Clarke charged him w'h
is true, but denyes what Peter charged him w'h, in refferrence
to sodomitticall filthynes.
For Mary Clarke, the court lookes vpon her as wofully cor
rupted by John Knight, as appeares by her owne confession
beside other evidenc giuen in, and that she hath two much
complyed w'h him therein, wherby a filthy disposition is
wrought in her. The court therefore orders that she be
seueerely whipped for the same, to see if it may please God
to bless these stripes to worke out this sinnfull folly.
For goodman Judson and his wife, the court considered
their breach of trust and promise, in giuing Knight such
opptunities to be alone w'h her, though they knew his filthy
disposition formerly and now also, and that they haue con
cealed this from publique authority when they first knew it,
whereby his sinn went on and Gods wrath might haue broke
out against the place for ye same, nay, his wife counsells the

1655] JURISDICTION OF NEW HAVEN. 139
girle to conceale it when she was examined, so that much of
this mischeife is come by their neglect, for wch William Jud
son is to paye tenn pounds as a fine to ye jurisdiction, that it
may be a warning to gouernors of families to be more carefull
and watchfull ouer the charge and trust they take vpon them.
For Peter Vincon, because he hath bine instrumentall in
this filthy way w'h Jn° Knight, as himselfe now confesseth,
three times, and because he concealed it and stiffly denyed it
at his first examination before the gouernor, that therefore he
be whipped, that it may be a warning to him and otlier boyes
to take heed they fall not into such courses hereafter.
The Court hauing heard of some vncleane cariages betwixt
Jonathan Couentrie, Thomas Tuttill and Mary Clarke, called
them all before them and required of Mary Clarke to declare
what Jonathan Couentry had done to her.
[About a page of the Record is here omitted.]
[93] The sentenc of the court concerning these psons is, that
Jonathan Coventry be for these filthy miscariages seueriy
whipped. And Mary Clarkes former sentence of whipping further
confirmed. And for Thomas Tuttill, who shewes himselfe most penitent
for his fault, and the principall part of his miscariag being
onely testifyed by Mary Clarke and denyed by him, though he
confesseth he spake very sinnfull words to her, of wch he is
ashamed, the court considering the matter as it is presented,
agree to spare him from correction by whipping, and order
that he paye forty shillings as a fine to the jurisdiction.
A case depending betwixt Edward Higby and Jonas Wood
was called vpon, but Wood being not prepared to proceed in
ye case, Higby his atturny agreed to haue it deferred till the
court of magistrats in October next, or if sooner, till a court
purchased by them for that purpose, and for securitie gaue a
bond of thirty pound to Edward Higby:
The last will and testament of Anthony Tompson late of
New hauen deceased, was presented, made the 26th day of

140 records of the [1655
December, 1654, witnessed by Mr. Peter Prudden, of Milford,
vpon oath.
An inventory also of the estate of the said Anthony was
prsented, amount' to 411: 19s: 10d, prised the 5th of March,
1654, by John Nash and Thomas Kimberly, and by them testi
fyed vpon oath to be a true aprisment, at a court held at New
hauen the 6th of March, 1654.

[94] At a Court of Elections held at Newhauen for
the Jurisdiction, the 30th of May, 1655.
Theophilus Eaton, Esqr, is chosen Gouernor.
Mr. Stephen Goodyeare, Deputie Gouernor.
Mr. Samuell Eaton, N
Francis Newman, I
Mr. William Leete, ["Magistrate.
Mr. Benjamin Fenn,^
The Gouernor and Mr. Leete Comissionrs, Mr. Goodyeare a
third man, Mr. Sam: Eaton a 4th, in case on or both the other
are hindered from ye service.
Mr. John Wakeman, is chosen Treasurer.
Francis Newman, Secretarie.
Thomas Kimberly, Marshall.

At a Generall Court held at Newhauen for the Juris
diction, the 30'h of May, 1655.
Present.
Magistrats.
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyear, Dept. Gou'.
Mr. Samuell Eaton, ) ,T ,
Francis Newman, J Newhauen.
Mr. Benjamin Fenn, Milford.
Mr. William Leete, Guilford!

1655] jurisdiction of new haven. 141
Deputies.
Mr. William Gibbard, ) XT ,
Mr.JohnWakeman, ' j Newhauen.
Leiutennant Treat, ) ,T.n» .
Thorn: Welch, S ^^
Leiutennant Chittenden, ) n •« t
George Hubbard, /' j Guilford.
Richard Law, ) Q, J -,
Francis Bell. StamfH

Francis Bell
Mr. Crane, ) t, -,„ ,
Sam: Swaine, } Brandford-
Cirtificates from the seuerall plantations being p'sented,
read & accepted, a petition from Gregory Taylor of Stamford
was read, wherein he desires to be freed from the seruice of
watching and trayning, &c, because of some weaknes of body
wch is vpon him, to wch the court answered, that they leaue
it to Stamford to giue him all the priviledges and liberties
wch the law affords.
A petition also was presented from Jeremiah Jagger of
Stamford, wherein he acknowledgeth his miscariages, justifies
the courts proceedings w'h him, (March 22th, 1653,) and
desires his fine of twenty pound may be abated and forgiuen ;
to w°h the court answered, that while he cary it well and
remaines in ye jurisdiction, they shall at present forbeare it,
but not wholy take it off.
[95] || The Gouernor remembered the court of some purposes
w°h haue formerly bine to set vp a colledg at Newhauen,* and
* At a General Court for New Haven, May 22, 1654, " The towne was informed that
there is some motion againe on foote concerning the setting vp of a CoUedg here at
Newhaven, we'', if attayned, will in all likelyhood prove verey benificiall to this place,
but now it is onely ppounded to knowe the townes minde and whether they are willing
to further the Worke by bearing a meet pportion of charge if the jurisdiction, vpon
the pposall thereof, shall see cause to cary it on. No man objected, but all seemed
willing, pvided that the paye wch they can raise here will doe it."
The next year, at a General Court May 21, 1655, the subject was "revived, & in
some respects this seemes to be a season, some disturbanc being at prsent at the colledg
in ye Bay, and it is now intended to be ppounded to the gen: court; therefore this
towne may declare what they will doe by way of incouragmt for ye same, and it would
be well if they herein giue a good example to ye other townes in ye jurisdiction, being
free in so good a worke. Mr. Dauenport and Mr. Hooke were both present vpon this
occasion, and spake much to incdurag the worke," and a committee was appointed
" to goe to the seuerall planters in this towne and take from them what they will freely
giue to this worke." Town Rec. ii. 151, 169.

142 records of the [1655
informed them that now againe the motion is reuiued, and
that the deputies might be prepared to speake to it, letters
were sent to the plantations to informe them that it would
now be propounded ; he acquainted them also that Newhauen
haue, in a free way of contribution, raised aboue three hun
dered pound to encourage the worke, and now desired to know
what the other townes will doe. The magistrate and deputies
from Milford declared that if the worke might comfortably be
carried on, their towne would giue one hundered pound ; but
those from the other townes seemed not prepared, as not haue
ing taken a right course, and therfore desired further time
to speake w'h their townes againe and take the same course
Newhauen haue done, and they will then returne answer;
and for a comittee to receive these accounts & vpon receipt of
them to consider whether it be meete to cary on ye worke, and
how, and whateuer considerations and conclusions may be
meet for the furtherance of it, they agree that each towne
chuse some whome they will intrust therein and send them to
Newhauen vpon Tuesday come fortnight, wch will be the 19th
of June, to meete in ye afternoone, by whom also they promise
to send the account, what their seuerall townes will raise for
the worke ; the major part of w°h comittee meeting, and the
major part of them that meete agreeing, shall conclude what
shall be done in' this buisnes.
Mr. Allerton, Ensigne Bryan and Mr. Augar appeared and
informed ye court that, by reason of bad biskit and flower they
haue had from James Roggers at Milford, they haue suffered
much damage, and likewise the place lyes vnder reproach at
Virgenia and Berbadoes, so as when other men from other
places can haue a ready markit for their goods, that from
hence lyes by and will not sell, or if it doe, it is for litle aboue
halfe so much as others sell for; they desire therfore that
some course might be taken to remidy this geiuanc. The
court approved of their proposition and thought it a thing
verey just and necessary to be done, and sent for the baker
and miller from Milford, who also appeared and after some
debate did confess there had bine formerly some miscariages.
The baker imputed it, or a great part of it, to the millers

1655] jurisdiction of new haven. 143
grinding his corne so badly, w°h the miller now acknowledgeth
might be through want of skill, but he hopes now it is and
will be better, w°h the baker owned, and, as Mr. Allerton now
informed, his bread is at present better, after much debate
aboute this buisnes, James Roggers was told that if after this
warning his flower or bread proue bad, he must expect that
the damage will fall vpon him, vnless it may be proued that
the defectiunes of it came by some other meanes.
By letters from Southold, from Mr. Herbert, Leiutennant
Bud and Barnabas Horton, and information now from John
Peakin, (wherein himselfe is also concerned, haueing laid out
some monies aboute the Mill and for rates, w°h some refuse to
paye to him,) the court vnderstands that that towne is in an
vnsetled frame, wch th'ey are moued the more strongly to
beleeve because they haue not sent their deputies to this court ;
vpon consideration of w°h things, and out of a tender respect
to them, desiring to setle the affaires of the towne in peace, it
was though most meete that two magistrats should be sent to
keepe court at Southold, wch by vote were declared to be Mr.
Samuell Eaton and Mr. William Leete, (w°h is to be at the
charge of Southold, wch charges w'h other rates they are to
see leuyed before they come away, w'h the fines for deputies
absence at this court.) W°h two magistrats haue in this case,
by order of this court, the power of a court of magistrats for
tryall of causes and issuing of differences of this nature
amonge them. They haue likewise power from this court to
chuse some officer or officers, as deputies or constables, as
they shall see cause, from amonge the free-men there, to order
the civill affaires of that plantation for the yeare ensuing, or
till this court take some other order concerning the same.
They are to call for cirtifycats of armes, amunition, number
[96] of males, || the estate of the towne, w'h birthes, deathes
and marriages the two yeares last past, no account hauing
bine brought in for them, and to inquire how their watches
are caried on, and giue such answer to Leiutennant Budds
letter, Barnabas Hortons, and Mr. Herberts, (w°h they may
haue w'h them,) as they shall see cause when they come there,
also to John Youngs proposition aboute prohibiting strangers,

144 RECORDS OF THE [1655
English or Indians, from fetching shells for wampom out of
this jurisdiction w'hout lycense, provided, that all due meanes
be vsed to preserue peace both w'h English and Indians.
The Gouernor informed the court, and read to them a letter
he had rsd from the planters at Oyster Bay, w'h a second
letter from Mr. Leuerich, dated at Milford, May 28th, 1655,
desiring that their plantation may be admitted a member of
this colony, vpon seuerall conditions therein exprest wch will
need weighty consideration, but because there is none of that
plantation here to interpret their meaning in sundrie things
propounded, and answer to such queries as the court should
make, they cannot at present give any other answer but to
deferr it for a time, and the rather because, if all other things
were cleered, the consent of the comissionrs must be obtayned,
to wch they are bound by one article in ye confederation.
The Deputies of Stamford propounded that they haue and
doe still suffer great inconvenienc and damage by Greenwich,
who pound their cattell off the comon, beside their disorderly
walkeing amonge themselues, admitting of drunkeimess both
amonge the English and Indians, whereby they are apt to doe
mischeife, both to themselues and others ; they receive disor
derly children or seruants who fly from their parents or mas
ters lawfull correction ; they marry psons in a disorderly way,
beside other miscariages ; and therefore, if ye court see meete,
they desire some course may be taken to reduce them to joyne
w'h Stamford in this jurisdiction, and the rather because they
pretend to shelter themselues vnder the comon wealth of
England, who wee are confident will not approue of such
cariages. The Court considered of the seuerall pticulers, and remem
bred how Greenwich at first was by Mr. Robert Feake, the
first purchaser of the said lands, freely put vnder this juris
diction, though after Captaine Patrick did injuriously put
himselfejjand it vnder ye Duch, yet after, it was by agreement
at Hartford w'h the Duch gou', 1650, to be resigned to New
hauen jurisdiction againe, and since, wee heare that the Duch
doe exercise nojauthority ouer them; all wch being consid
ered, the court^did agree and order that a letter should be

1665] JURISDICTION OF NEW HAVEN. 145
written to them from this court, (wch they desire ye gouernor
to draw vp,) and sent now by the deputies of Stamford, requir
ing them according to ye justice of ye case to submitt them
selues to this jurisdiction, w°h if they refuse, then the court
must consider of some other way.
Vpon a debate betwixt the deputies of Newhauen and the
otlier deputies concerning the provissions to be made for the
court for ye future out of the publique treasury of the juris
diction, as formerly, those for Newhauen dissenting, it was
agreed, that the deputies of Newhauen shall propound it at
the next towne meeting, and if they approue of that way it
shall so pass, but if not, then they shall let the other townes
vnderstand what they conclude of, that they may know how
to prouide for themselues.*
It is agreed that if in any plantation in this jurisdiction
there be none amonge the free-men fitt for a cheife millitary
officer, it shall be in the power of the generall court to chuse
some other man, as they shall judg fitt, in whom they may
confide. [97] || The Court being informed by Richard Law, one of the
deputies for Stamford, that the free-men there had chosen
Francis Bell their leiutennant, for ordering the millitary
affaires at Stamford, did now confirme him in that place and
trust. It is ordered that whosoeuer shall bring any strong liquour,
of what kinde soeuer, into any harbour or otlier part of this
colony, (vnless directly out of England, or out of some other
part of this jurisdiction where custome hath bine paide and
duely certifyed, as in the case of wines,) before he or they land
or sell any of it, more or less, shall first make a true and full
entry of the quantitie so to be landed, by a note in writting
deliuered to ye jurisdiction treasurer at his house, or to some
officer therevnto appointed, as in the case of wines, vnder the
like penalty of forfeiture, w'h mittigatio if the case require it
* The town of New Haven, at their meeting June. 18, 1655, considering the subject
of provision for the general court out of the jurisdiction treasury, voted that they saw
no reason for it, but were willing to maintain their own deputies, and that the magis
trates should be maintained at the public charge. Town Rec. ii. 170.
19

146 RECORDS OF THE [1655
as there, the one halfe to the jurisdiction, the other halfe to
him that informes and prosecuts, and the owner or importer
of any such strong liquour, as soone as he lands or imports
and sells it or any pt of it, shall deliuer and paye to the said
treasurer or officer, for euery anchour conteyning tenn gallons,
six shillings and eight pence, and so for greater or lesser quan
tities, namely, after ye rate of eight pence a gallon, and the
buyer, vnder ye same penalty, shall see that such entry and
payment be duely made ; and that whosoeuer w'hin this colony
shall at any time for sale or merchandize distill any sort of
strong liquour, he or she shall w'hin seuen dayes after the
same is distilled and so ready for vse or sale, giue in a like
true note in writting of the full quantitie so distilled, to the
treasurer or other officer, vnder the like penalty, and shall
w'hin six monethes after, duely paye or cause to be paide to
the said treasurer or officer, after the rate of eight pence a
gallon for the full quantitie so distilled ; and vpon proofe that
any such strong liquour hath bine distilled and sould w'hout
such entry and payement, the valew thereof shall be forfeited
to the jurisdiction, vnless their appeare just cause of some
mittigation, in wch case double the valew of ye said custome
may be accepted ; and that no pson at any time retayle any
sort of strong liquour w'hin this jurisdiction w'hout express
lycense from the authority of the plantation w'hin the limitts
Whereof he so sells, and that due moderation bee attended in
prises when it is so retayled, but that none of any sort be at
any time sould for aboue three shillings a wine quart. Lastly
it is ordered that if any distilling such strong liquours w'hin
this colony shall by way of trade or merchandize, after he
hath paide such custome, shipp and send forth of this juris
diction any quantitie of ye same, he shall for so much haue
the said custome repaide by the treasurer or officer who
receiued it.
The Gouemour being formerly desired by this court to view
ouer the lawes of this jurisdiction, and draw vp those of them
wch he thinkes will be most necessary to continew as lawes
here, and compyle them together fitt to be "printed, wch being
done, were now read, considered, and by vote confirmed, arid

1655] JURISDICTION OF NEW HAVEN. 147
ordered to be printed w'h the articles of confederation also,
and ye court further desired the gou' to send for one of the
new booke of lawes in ye Massachusets colony, and to view
ouer a small booke of lawes newly come from England, w°h
is said to be Mr. Cottons, and to add to what is already done
as he shall thinke fitt, and then the court will meete againe
to confirme them, but in ye meane time, (when they are
finished,) they desire ye elders of ye jurisdiction may haue ye
sight of them for their approbation also.
It is ordered that a publique seale shall be prouided at ye
charge of ye jurisdiction, wch is to be ye seale- of this colony,
the bigness of it and ye impression to be vpon it they leaue to
ye gouernour, and such other as he shall thinke fitt to advise
w*h aboute it, to consider and order.
Concerning quarter caske to be made in this jurisdiction
hereafter, it is ordered that they shall be and conteyne thirty
one gallons, or w'hin halfe a gallon ouer or vnder, according
to a law formerly made, August 3d, 1653, and the order made
in May last, alowing caske to be made but twnty eight gallons,
is now repealed.
[98] || It is ordered that the two faires, wch were formerly
ordered to be at Newhauen each yeare, are for the present to
be forborne and not kept till this court sees further cause and
giue order for the same.
The Gouernour informed the court that he hath receiued
from the gen: court of the Massachusets an order, wherby
they confirme what their comissionrs did last yeere at Hart
ford, in recalling their interpretation of the Articles of Confed
eration, so offensive to the other colonies, wch order is by this
court accepted and appointed to bee entered next after the
conclusions of ye comissionrs at that meeting.
Francis Bell informed the court that the free-men at Stam
ford doe desire that Richard Law may be chosen constable for
that towne for the yeare ensuing, but the court vnderstanding
and further considering the occasions of Stamford and that the
thee deputies ther last yeare caried on things (for ought they
heare) to good satisfaction, did thinke it most meete to chuse
the same againe to the same trust another yeare, viz', Richard

148 RECORDS OF THE [1655
Law, Francis Bell & Jn° Holly, who haue ye same comission
to act by as they had last yeare ; and Richard Law had now
the deputies oath administred to him, and if the other two
accept of ye place, he is to administer the said oath to them at
Stamford, but if they vtterly refuse, then they confirme the
said Richard Law in the place of a constable, and giue him
the said commission he had in that place the last time he was
in it, and he now bindes himselfe by the oath now taken, to
discharge that place faithfully according to his best abillitie.
Old Mr. Swaine, Mr. Crane, Samuell Swaine and Lawranc
Ward, are chosen deputies for Brandford for the yeare ensu
ing, and haue ye same power & authority comitted to them as
they the same deputies had the last yeare; and Mr. Crane and
Samuell Swaine did now take the deputies oath, and were to
administer the said oath to ye other two at Branford.
It was propounded to know whether Paugaset is not in this
jurisdiction, but Mr. Wakeman, one of the owners and at this
present a deputie for Newhauen, desired a litle time of respite
before he giues answer.
The Gouernour informed the court that Richard Baldwin,
if not some others of Milford, had bine w'h him and desired
libertie from ye court to buy some land of ye Indians aboute
Paugaset, but the magistrate & deputies for Milford desired
they might not haue leaue till they may more fully vnderstand
the minde of their towne, to whom they thinke it will be
offensive if granted.
It is ordered that no tobaco shall be taken in the streets,
yards, or aboute the houses in any plantation or farme in this
jurisdiction, or w'hout does neere or aboute the towne, or in
the meeting-house, or body of the trayne souldiors, or any
other place where they may doe mischeife thereby, vnder the
penalty of six pence a pipe or a time, w«h is to goe to him
that informes and prosecuts, w«h if refused is to be recouered
by distress, in w«h case if there be difference, it may be issued
w'hout a court by any magistrate, or where there is no magis
trate by any deputie or constable ; but if he be a poore seruant
and hath not to paye, and his master will not paye for him, he
shall then be punished by sitting in the stockes one houre.

1655] JURISDICTION OF NEW HAVEN. 149
It is ordered that if an iron worke goe on w'hin any part of
this jurisdiction, the psons and estates constantly and onely
imployed in that worke shall be free from paying rates.
The Court considering the occasions of ye jurisdiction and
what rate is fitt to be laid to cary on the same, and remember
ing the comissionrs are to meete here this yeare, beside other
ordinary charges, did see cause to order that a rate of one
hundered and fifty pound shall be leuyed from the seuerall
plantations in this jurisdiction, in due and equall proportions
[99] according to their estates, w°h is to be paide || to the
treasurer at Newhauen, the one halfe by the midle of August
next, and the other halfe by the latter end of October next
following, in good money, or merchantable beauour at price
currant, in wheat at 5s p bushell, pease or rie at 4s p bush, in
beefe at 3d p ', or porke at 4d, all good and merchantable, and
when either beefe or porke is packed in caske the salt and
caske is to be added and alowed for, and if any man paye Hue
cattell, they are to be prised by indifferent chosen for that
purpose, or in any other pay that may satisfye the treasurer
and answer ye jurisdictions occasions. The penalty for none-
payement is as was ordered 27th Octobr, 1646.
The proportion of euery towne is as followeth,
Newhauen, Millford,Guilford, ....
Stamford, Southold,Brandford, .

1

s

«

57:

12:

10

28:

03:

07

21:

06:

07

17:

18:

05

13:

00:

04

11:

18:

03

150:

00:

00

c Newhauen for Ye

At a Court of Magistrates hell
Jurisdiction, the 28th of September, 1655.
W'h was purchased by Jonas Wood.
Jonas Wood of Southhampton and Edward Higby of Strat
ford appeared to issue a case depending betwixt them, con-

150 RECORDS OF THE ¦ [1655
cerning a boate, and what passed at a former court in October
last was read, and sundrie testimonies were further presented
by Jonas Wood, and Edward Higby againe deliuered in to ye
court his bill of sale from Jonas Woods wife, and a testimony
of Henry Eastons, all w°h were now read, but in pleading ye
case both plantiff and defendant saw themselues defective in
cleering the case, wherevpon they both consented to issue the
matter betwixt themselues, wch after some debate betwixt
them they did and so declared it to ye court, and Jonas had
his seuerall paprs deliuered to him againe.

[100] At a Court of Magistrats held at Newhauen for
the Jurisdiction, the 17th of October, 1655.
Present,
Theophilus Eaton, Esqr, Gouernor.
Francis Newman, V Newhauen.
Mr. Benjamin Fenn, [ Magistrats. Milford.
Mr. William Leete, ) Guilford.
Nathaniell Kimberly, plant', r
Jn" Fish of Stratford, defendt, \ Nathaniell Kimberly declared
that John Fish hath accused him & Joseph Whitman of comit
ting leudness w'h his sister in law Sarah Eland, arid to proue
he had so charged them, presented a copie of ye oath of the
said John Fish, taken before authoritie at Stratford ye 18'h of
September, 1654, wherin he saith plainly that he did see the
two men before named comitting leudness, defyling or abusing
the body of ye said Sarah Eland, wch oath was now owned by
the said Fish to be his testimony. But the plant, further to
cleere himselfe declared, that this buisnes was in the court at
Fairfeild, wherin both he and Joseph Whitman were cleered
from the said charge, two other confessing themselues to be
the men, namely Robert Cranfeild, who is here present to
affirm it againe, and James Blackmail who hath sent a note
vnder his hand that he was the other, and Fish also confesseth
that his sister Sarah Eland saith they were the two men w'h
her, and, not Nathaniell Kimberly, &c. Robert Cranfeild was

1655] JURISDICTION OF new haven. 151
called, and vpon oath testifyed, that being a husking corne at
Mr. Hollies, after they had done they went to a neighbours
house and staide "aboute an hower, James Blakman and he
went to looke oxen, and aboute John Fish his house mett w'h
Sarah Eland and staide a litle, talking w'h her, John Fish
came out & said, Here is good doeings, thou rouge Kimberly,
I know the well inough, but Nathaniell Kimberly was not
there. James Blakeman testifyeth vnder his hand that him
selfe w'h Robert Cranfeild was w'h Sarah Eland when John
Fish came forth and said, Thou rouge Kimberly, I know the
well enough, and that he had allready taken oath that they
were the pties w'h her, and not Nathaniel Kimberly, and shall
take oath of it againe if legally called there vnto.
John Fish was asked what he said to it, he said to his appre
hension the oathe he hath taken is true, he was told his oath
doth not so run, but is absolute, and therfore he should haue
bine verey cleere in it, but if he can say no more to cleere
himselfe, he hath laide a gross slander vpon the two young
[101] men charged, || and comitted perjury, takeing Gods
name in vayne, in takeing an oath which now appeares to be
false. Joseph Whitman was plantiff against the said John Fish,
for the same thing, and John Fish was asked if he can say
anything more to cleere himselfe in this case then in the
former, he said he can say litle, but leaues it to the court.
After consideration, the court proceeded to sentenc, and
told John Fish that for the matter of perjury, they medle not
w'h it, but leaue it to the authority in that colony where it
was comitted, but for the slander, it is high and heauy vpon
both the young men, as doth plainly appeare by the euidence
giuen in, and therefore he is to paye to each of them, (namely
Nathaniell Kimberly and Joseph Whitman,) fiue pound, the
charges of the court being included, and Phillip Groue and
M1'. Holly of Stratford ingaged that the said somes should be
paide w'hin three monethes.
Elizabeth Godman was called before the court and told that
vpon grounds formerly declared, wch stand vpon record, she
by her owne confession remaines vnder suspition for witch-

152 RECORDS OF THE [1655
craft," and one more is now added, and that is, that one time
this last summer, comeing to Mr. Hookes to beg some beare,
was at first denyed, but after, she was offered some by his
daughter which stood ready drawne, but she refused it and
would haue some newly drawne, w°h she had, yet went away
in a muttering discontented manner, and after this, that night,
though the beare was good and fresh, yet the next morning
was hott, soure and ill tasted, yea so hott as the barrell was
warme w'hout side, and when they opened the bung it steemed
forth ; they brewed againe and it was so also, and so contin
ewed foure or fiue times, one after another.
She brought diuers psons to the court that they might say
something to cleere her, and much time was spent in hearing
ym, but to litle purpose, the grounds of suspition remaining
full as strong as before and she found full of lying, wherfore
the court declared vnto her that though the euidenc is not
sufficient as yet to take away her life, yet the suspitions are
cleere and many, w°h she cannot by all the meanes she hath
vsed, free herselfe from, therfore she must forbeare from goe
ing from house to house to give offenc, and cary it orderly in
the family where she is, w°h if she doe not, she will cause the
court to comitt her to prison againe, & that she doe now pres
ently vpon her freedom giue securitie for her good behauiour ;
and she did now before the court ingage fifty pound of her
estate that is in Mr. Goodyeers hand, for her good behauiour,
wch is further to be cleered next court, when Mr. Goodyeare
is at home.
* On the 7th of August, 1655, Mrs. Godman had been brought before the town court
of New Haven, the old charges against her, in August, 1653, were brought up again,
and several fresh ones added of a similar character. Goodwife Thorpe, whose chick
ens had formerly been " consumed in y= gisard," had been in fresh trouble about her
cows ; some had been afflicted with reference to their pigs and calves, others had
" met w'h many hinderances" in churning, and Mr. Goodyear having " warned her to
provide her another place to Hue in," had met with " a very great disturbance in his
family in the night," etc.
The court ordered " that she be comitted to prison, ther to abide the courts pleasure,
but because the matter is of weight, and the crime whereof she is suspected capitall,
therefore she is to answer it at the court of magistrats in October next." She was,
" w"1 respect to her health," released from prison Sept. 4th, though warned at her peril
to appear at the court of magistrates, and was told that she must not go up and down
among her neighbors to give offence, nor come to the contribution as she hath formerly
done. She was suffered to dwell in the family of Thomas Johnson, where she con
tinued till her death, October 9th, 1660. N. H. Town Rec. ii. 174, 179.

1655] jurisdiction of new haven. 153
[102] At a Generall Court held at Newhauen for the
Jurisdiction, the 19th of October, 1655.
Present.
Magistrats.
Theophilus Eaton, Esqr, Gouernor.
Francis Newman, \
Mr. William Leete, > Magistrats.
Mr. Benjamin Fenn, )
Deputies.
Mr- John Wakeman ) Newhauen.
Mr. William Gibbard, )
Robert Treate, ) Milford.
Thorn: Welch, )
Leiutenn' Chitendine, ) Gruilford
Georg Hubbard, )
Mr:^ranf', . [Brandford.
Leiutenn' tewaine, j,
A letter from Southold from Jn° Tucker was presented and
read to the court, wherin he informes of his abillitie and
intendment to make Steele there, or in some other plantation
in this jurisdiction, if he may haue some things granted he
therin propounds, wch the court considered of, and for that
wch concernes the jurisdiction, they are willing to grant, and
for that wch belongs to Southold, as the takeing clay or wood
out of any mans ground, they leaue it to the towne where he
setts it vp, not being willing in this case to medle w'h any
mans proprietie.
The conclusions of the comissionrs at their last meeting at
Newhauen were read, wherein they tooke notice of a letter
that Major Willard wrote to the comissionrs, w'h a narrative
of his pceeding last yeare against Ninigret, and of the comis
sionrs answer to him, and for the matter therin refferred to
the seuerall gen: • courts, they are willing to suspend their
owne thoughts till they may know what the other ' collonies
doe, but by what appeares to them, they see cause to judg
that he did not attend his comission.
20

154 RECORDS OF THE [1655
It is ordered that all beare barrells to be made or sent forth
of this jurisdiction, wch are reckoned for quarter caske, shall
be of the same size that quarter caske are made for flesh, that
is thirty one gallons, or w'hin halfe a gallon ouer or vnder, as
it was ordered the last generall court.
Vpon the desire of William Judson, and considering his age
and weakness, the court abated him forty shillings of the fine
of ten pound, laide vpon him by the court of magistrats in
May last.
And the same abatement is - granted to Hanah Spencer in
her fine of ten pound wch was then laid also.
It is ordered that during this time of the scarcitie of salt,
no man in the jurisdiction shall paye to the treasurer any flesh
for rates vnless he haue salt to pack it vp or be willing to
receiue it, haueing due meanes to dispose of it to some to
whom the jurisdic. is indebted, and that (till the court sees
cause to alter it) no beefe be paid for rates at aboue two penc.
three farthings a pound, and porke at three penc three far
things, vnless it be paid w'h tallo and suit round, and then it
shall goe at three penc and foure pence, and if it be paid in
barrells, it is to be after the same proportion.
It is ordered that a day of thanksgiuing shall be kept by this
jurisdiction vpon the fourth day of the next weeke but one,
which will be the last day of this instant October, for the
mercies of the yeare past, and that that day fortnight, wch
[103] will be the 14th of Nouembr, shall be kept a day || of
solemne humiliation to seeke God in fasting & praire, for our
selues, our native cuntry, and for the poore, distressed, afflicted
protestants, wch are sorely persecuted by the duke of Sauoy.
The lawes wch at the courts desire haue bine drawne vp by
the gouernor, viewed and considered by the elders of the juris
diction, were now read and seriously weighed by this court,
and by vote concluded and ordered to be sent to England to
be printed, w'h such oathes, forms and presidents as the
gouernor shall thinke meete to put in ; and the gouernor is
desired to write to Mr. Hopkins, and Mr. Newman to his
brother, to doe the best they can to get fiue hundered of them
printed and sent ouer heither, and that they would lay out the

1655] JURISDICTION OF NEW HAVEN. 155
money, wch the court conceiues will be aboute ten pound,
and they leaue it to the gouernor & Francis Newman to agree
w'h Ensigne Bryan or some other, vpon as good termes as they
can, to paye ten pound for them in England, or if they cannot,
to finde out some other meanes, by sending some pvission to
Barbadoes, though it be to the valew of twenty pound, that
the pduce of it may be sent to England for the jurisdictions
vse ; and that so soone as they are fitt to send away, if no
opptunity present to send them to the Baye to goe by the next
shipps, that they hire a messenger on purpose, to cary them
at the jurisdictions charge.
The Court declared that the law aboute fences, now made &
ordered to be printed, is not to alter any just agreement aboute
fences, in any plantation, formerly made and now standing in
force. The law concerning straies now ordered to be printed, is
for the most pt the same as before, yet there being some things
in it altered, the court thought meete to declare and order
that those alterations should now be published, and from the
said publication be of force in ye jurisdiction; and first,
whereas it was, that if w'hin two yeares the owner appeare, he
should haue the valew of ye stray or goods according to the
forementioned apprisment, now it is ordered to be w'hin three
yeares; and whereas before, all charges being paid, the straye
or goods went wholy to the finder if the owner appered not in
that time, now it is ordered that after all damages or charges
to the finder & officers is deducted & paid, the rest shall by
sentenc of the plantation court, or where there is no court, by
indifferent men chosen, be ordered & equally deuided, the
one halfe to ye plantation, the other halfe to ye finder.
To prevent much inconvenienc wch may grow by gameing, it
is ordered that no pson who either as an inkeeper or seller of
strong liquors, wine or beee, intertaines strangers or others to
lodg or eate or drinke, shall pmitt or suffer any to vse the game
of shuffle board, or any other gameing, w'hin his house or lymits,
vnder the penaltie of twenty shillings for euery time so offend
ing, and what euer pson or psons shall so play or game in any
such house or place or in any other gameing house, wher ther

156 RECORDS OF THE

[1655

is common resort to such playe or gameing, shall forfeite for
euery such offence fiue shillings, and whosoeuer shall so play
or game for money or money worth, shall further forfeite
double the valew thereof, one halfe to the informer, and the
rest to the plantation w'hin the lymitts whereof he so played
or gamed.
Richard Baldwin of Milford declared to the court that he
hath vnderstood from them that they did desire some further
information aboute Paugaset, he hath accordingly indeauoured
[104] || to speake w'h them who haue an interest there, and
hath spoken w'h all but two, and they haue made their minds
thus farr knowne, & desired to informe the court that they are
thankfull that the court will take that matter into their con
sideration, and that they are verey willing and desierous to
haue it vnder this jurisdiction vpon the considerations here
after exprest.
1. First, that they may stand vpon their owne account in
relation to ye jurisdiction, w'hout beeing vnder any other
plantation. 2. That they may haue alowanc of the court to purchase
convenient lands for ye accomodations of a small plantation
there. 3. That they may haue libertie to chuse out from among
themselues one that may be a help to them to cary on the-
affaires of the place, that things may be proceeded in orderly,
and that he may be impowered to call meetings, put warrants
in execution, wch authority shall send theither, and moderate
things for ye peace and good of the place.
4. That the court would be pleased to forbeare them any
rates for foure or five yeares, for they must now paye ye pur
chase at present and be at charge to purchase more, they haue
also their interest at Milford and shall be lyable to rates there,
beside other large expences wch such new beginnings call for.
To w°h the Court returned this following answer to Rich
ard Baldwin, who appeared in ye name of ye rest.
That they had considered the seuerall things propounded,
and according to their desire they doe accept him and ye rest
of y' company, (whose names were now giuen in,) and the
place called Paugaset, vnder the jurisdiction, and from henc-
forward shall looke vpon it as a pt thereof.

1655] JURISDICTION OF NEW HAVEN. 157
1. And first, the court giues libertie that if ye place vpon a
serious view be found fitt for a small village, they grant them
libertie so to be, w'hout being vnder Newhauen or Milford.
2. They doe also condescend that they shall haue libertie to
purchase what lands they can of ye Indians suitable to this
village intended, provided it be w'hout prejudice to these two
plantations, or to ye hindering of any other plantation that
may be set vp hereafter further into ye cuntry.
3. They are willing that one from among themselues, such
as the court shall approve of, shall be intrusted w'h power &
authoritie to call meetings, execute warrants, moderate in
cases of difference, and take ye best course he can to cary on
things in an orderly and peacable way.
4. They are contented that what estate they haue wholy
imployed at Paugaset shall bee rate free for three yeares.
Wch things were thankfully accepted, and Paugaset declared
to be vnder and a part of this jurisdiction.
Richard Baldwin was now appointed to be ye man to cary
on ye trust before mentioned, hee also now declared that they
did intend to purchase large tracts of land of the Indians, but
when they haue done they should submitt it all to this court
to alott them out such a proportion as should be thought meete
for them.
Mr. Crane and George Hubbard, two of ye present deputies
and not interessed in this present question, were desired now
before they goe home to take so much paines as to goe to Pau
gaset, (and that one from Newhauen and one from Milford goe
w'h ym to informe,) and that they would judg whether this
village intended will be any such considerable prejudice to
Newhauen or Milford, so as that it should be hindered thereby,
and to return their thoughts to ye gouernor, who altogether
may judg off and determine the case.

158 RECORDS OF THE [1656
[105] At a Court of Magistrate held at Newhauen for
this Jurisdiction, the 26th of May, 1656.
Present,
Theophilus Eaton, Esqr. Gouernor.
Mr. Stephen Goodyeare.
Francis Newman, }
Mr. William Leete, > Magistrats.
Mr. Benjamin Fenn, )
The last will and testam' of Richard Mansfeild late of New
hauen deceased, was presented, made the 8th of January, 1654,
proued by ye oath of Dauid Atwater and William Potter, at a
court held at Newhauen ye 6th of March, 1654.
An inventory of the estate of the said Richard Mansfeild
was presented, amount, to 895: 01: 06, prised aboute the
moneth of May, 1655, by William Bradley, Dauid Atwater and
William Potter, and by them testifyed vpon oath to be a true
apprism', at a court held at Newhauen 5th February, 1655.
An inventorie of the estate of John Tompson late of New
hauen, was presented, amount, to 2291 : 08s : 04d : prised by
Richard Miles and Henry Lindon, and by them testifyed vpon
oath to be a true apprismen', at a court held at Newhauen
the 5*k of February, 1655.
The last will and testam' of Robert Plum of Milford, was
prsented, made the 25th of July, 1655, proued by his owne
hand and seale, and witnessed to by Richard Baldwin &
Michell Tompkins vpon oath, at a court held at Millford the
17th of Decembr, 1655.
An inuentorie of the estate of the said Robert Plum was
presented, amount, to three hundered pounds two shillings
five penc, prised by Alexander Bryan and Richard Piatt, and
by them testifyed vpon oath to be a true apprism', at a court
held at Milford, the 7*h of December, 1655.
The last will and testam* of James Haines of Southold was
presented, made the 21*i> of March, 1652, proued by his owne
hand, and witnessed by Mr. John Youngs, pastor of the church
there, and John Herbert.
An inventorie of the estate of the said James Hindes was

1656] jurisdiction of new haven. 159
also presented, amount, to 123: 05: 04d, made the 18th 9th
m°, 1655, prised by Barnabas Horton and Thom: More, and
by them testifyed vpon oath at Southold, before the constables
there. The last will & testam* of Mr. Frost of Southold was pre
sented, proued by the oath of John Conckclyne and Thom.
Brush before ye constables at Southold, the 17th of May, 1656.
An inuentorie of the estate of the said M' Frost was also
presented, amount, to 291: 01s: 00d, prised by Barnabas
Horton and Thom. More, and by them testifyed to vpon oath
before the constables at Southold, made the 18th 9th m°, 1655.
The last will and testam' of goodwife Basset of Stamford
was presented, made the 5th of 4th moneth, 1653, and now
proued by Mr. John Bishop vpon oath.
An inuentorie of ye estate of Jn° Whitmore was presented
from Stamford, amount, to two hundered & seuenteene pound,
foure shilling two penc, made the 8th December, 1648, prised
by Robert Hustis & Jeffery Ferris.
An inuentorie of the estate of Vincent Simkins, late of
Stamford deceased, was prsented, amount, to 50'-00-00, prised
by Jn° Holly and Jn° Waterberry, in Nouem' 1653.
Mr. Herbert of Southold informed the court that James
Hindes, of their towne deceased, made a will, (wch was now
[106] presented to ye court,) wherin he giues || away his
estate to his wife, but none to his chilldren, and he being one
of the ouerseers appointed by the said will, hearing that his
widdow was aboute to dispose of herselfe in marriage, went to
her and desired her to giue something to the chilldren before,
she said no, not till she dyed, but at last yeilded to giue them
twenty pound a peece, but would not confirme it till goodman
Dayton came, whom she was to marrie, and though he at first
dissented, yet after yeilded to it, but when writings should
haue bine confirmed she refused.
Being now asked the reason thereof, she said her husband
gaue it her and she would keepe it while she liued, she was
wished to consider if her husband had giuen all away to the
chilldren and nothing to her would not she haue bine consid
ered and releiued, men may not make wills as they will them

160 records of the [1656
selues, but must attend the minde of God in doeing the same,
who doth pvide that chilldren, (vnless weightie reason be to
the contrary,) shall haue portions, and the eldest a double
portion, therfore the rest must have a part, and the Apostle
saith it is the duty of parrents to lay vp for their chilldren,
therfore if they will consider and agree among themselues, it
will well satisfye the court, but if not then the court must
issue it.
After some debate amonge themselues, they desired the
court to issue it, who were informed by goodman Dayton that
a cow and calfe is lost sine the goods were prised, and three or
foure goates, and ye house and land is prised very much too
deare, also that the eldest sonn had his fathers tooles giuen
him, all wch the court tooke into consideration, and by way of
sentenc did order, that the loss of ye cow and calfe w'h the
goates, be borne both by mother and chilldren, and also what
loss shall appeare to be in the house and land, and that the
tooles be reckoned as pt of the estate, weh were not before
prised, & then the estate as it appeares to be, be equally
deuided, one halfe to the mother, the other halfe to the chill
dren, out of wch the eldest is to have a double portion of wch
the tooles to be a part, and if the chilldren be put out to trades,
w°h shall be done w'h the consent of ye ouerseers, what shall
bee necessary in point of charge to put ym forth shall come
out of their owne portions, and till this be pformed by Ralph
Dayton, his bond whereby he was bound to appeare at this
court, is to stand in force, wch bond was now deliuered to
Leiutenant Budd, w'h order that when ye sentenc is fullfilled
he haue his bond in, and also a further discharge from the
ouerseers for so much as they receive to improve for ye chil-
drens vse.
After w°h, goodman Dayton informed the court that what
was done in the case betwixt his wife and chilldren doth well
satisfye them, onely he further declared that before James
Hindes dyed, he desired that Mr. Herbert might be put out
from being one of the ouerseers and Mr. Wells put in his
roome. The court told him that they can doe nothing w'hout
proofe, but if Mr. Herbert desires to be free, and if it be proved

1656] JURISDICTION OF NEW HAVEN. 161
that it was the mans minde before he dyed, they are willing
vpon goodman Daytons desire, that the two deputies now
present, Barnabas Horton & William Purrier, should joyne
with M1'. Younge the other ouerseer, to take care of the chill
dren and their estates, that they may be put out to trades and
their estates improved to their advantage.
A case was propounded by one Benjamin of Southold, con
cerning two cowes wch he hired of Mr. Frost, who liued at
their towne and is now dead, and as is "testifyed vpon oath,
[107] gaue his || estate to John Conckclyne senior, of South-
old, who now requires the two cowes of the said Benjamin, but
he refuseth to deliuer them w'hout order from this court,
wherefore it is now ordered, that the said two cowes shall be
deliuered to John Conckclyne, w'h the other estate of Mr.
Frost, and ye deputies of Southold were now ordered to take
securitie of the said Conckclyne, that if any other can show a
better right to the estate then he, he shall be lyable to make it
good. A small estate was brought from Southold by Mr. Jn° Her
bert, and by order from the gouernour was deliuered to the
marshall who tooke an inuentorie of the same, and was the
estate]of one Robin, an Indian wch some time liued at Flushing,
but now lately at Southold, and is brother to Capsha, a Quell-
ipiack Indian, (wch Robbin vpon some discontent hanged him
selfe at Southold.) The Court now considered to whom this
estate did of right apptaine, and for their better information
sent for the Indian sagamore and some other Indians, both
young & old, and demanded who was the right hejre of this
Robbin. They all declared Capsha, who is his owne brother,
though he hath another brother wch is elder amonge the
Mohaukes, but they know not but he may be dead, but if he
appeare, he must and shall haue a part, but from the court
they would expect no more, if what is now in their power was
deliuered to the said Capsha. Wherevpon the court concern
ing it to be right, ordered that Capsha shall haue that estate
in the marshalls hand deliuered to him before witnes, takeing
in writing what he so deliuers, and that he also haue a barrell
of beefe wch is at Southold, wch he saith Mr. Herberts man
21

162 RECORDS OF THE [1656
proffered him ten faddom of wampom for, w°h the court
approued of, onely the said Capsha was told that he must
paye to the marshall what is just, for trouble and time he
hath spent & bine at in this buisnes.
The Court vnderstanding their is some money due from Mr.
Hudson of Newhauen for the house he bought, (w°h was Mr.
Westerhouses,) to the valew of thirty pound or more, did
now order that the said money be presently required, but if
he will ingage to paye to the treasurer the said some due, both
for house and some rent due before, in beauour a yeare hence,
then he shall haue it still remaine in his hand vpon due
securitie giuen, but if that be not accepted and he yet desire
to reteyne the money in his hand, he shall giue such alowanc
as is fitt in a moderate way for the good of the creditors, and
binde himselfe and the said house for securitie of the same,
the transacting of wch buisnes they wholy leaue to Newhauen
court. John Mead of Stamford entered an action of ye case against
Richard Law of Stamford, and declared that the said Richard,
being constable in the place and to execute justice to all
in an equall way, had denyed justice to him in refusing to
giue him an attachment to recouer. some damage that he had
suffered in his corne.
To wch Richard Law answered, that he came for an attachm'
that he might take the estate of one weh he knew was not to
paye, nor had he any thing to attach but the cloathes to his
back, and they were not his owne neither, but he told John
Mead that what was due for him .(against whom he desired
the attachment) to paye, he should haue the money paid him
the next day, but he refused and would haue the mans estate
for that w°h other men were to paye.
In opening of this case, (wch was long & tediouss,) the court
saw plainly, ^therfore declared, that Richard Law had done
Jn° Mead no wronge in this matter nor had he any cause to
complaine thereof.
John Mead further declared that Richard Law had in exam
ining some witnesses for him showed much discontent, and
had expressed himselfe against him in a threatening way, say-

1656] JURISDICTION OF NEW HAVEN. 163
ing he would not leaue him worth a groate, wch thing Richard
Law did not wholy deny, but said it is like being pvoaked by
his froward carriage he might speake some words in discontent,
and vnderstanding that John Mead did much villifye him and
reproach him for denying justice (as he said) in the case before
mentioned, said he would cleere himselfe, though he left not
[108] John Meade nor himselfe || worth a groate.
The Court though they approue not John Meade in his way
of provoakation, yet they witnessed against Richard Law for
these speeches, and he freely owned them, and said he sees the
euill of his spirit and speech in them and is sorrey for it, but
Jn° Meade was asked what wrong this is to him, or wherin he
hath bine damnifyed thereby, to wch he could say nothing but
that it was a griefe to him and to his father.
Hee further declared that Richard Law had spoken vntruthes
of him in saying that he was one Turners agent, in a buisnes
in the towne meeting at Stamford, but Richard Law said he
did not say so, but when Turner was called and not there, he
said, Here is John Meade w°h I suppose may be his agent, and
the reason he so spake was because that Jn° Meade and that
Turner had bine at his house a litle before, and Jn° Meade
did seeme strongly to plead the case of the said Turner ; also
Jn° Mead would haue charged another vntruth vpon Richard
Law, because he said that Turner & he came to his house
together, wch Jn° Meade said was vntrue, yet no other then
thus, that Turner came first to Richard Law in his yard as he
was at worke aboute his barne, and quickly after came John
Meade and they went into .the house together.
John Meade was told that he hath troubled himselfe and
this court w'h things of litle weight and moment, and for the
latter passages, they are but turnes & equiuocateing wayes, for
here was no vntruth in these speeches, therfore he had no
cause to complaine, but if he haue any more to saye, he may
speake, he said no, but that Richard Law caried it so in his
office as hindered him in his duty, and was required to prove
it but could say nothing.
Richard Law and George Slawson, deputies for the church
at Stamford, to make their complainte against Jn° Mead,

164 RECORDS OF THE [1656
declared that the said John had said to Francis Bell, that
Thomas Hunt should say that he would git into the church
shortly, and then he should haue libertie to lye, or steale, or
be drunke, or any thing. Jn° Mead owned that he did speake
these words, and that he at first hearing tooke it as a scanda-
louss speech against the church, but he said he heard it of
Thomas Scott, but Richard Law said that Scott denyed it, and
y* the scoope of his speech tended to cleere the church, as
appeared by a note vnder Scotts hand, now presented to the
court. John Meade was told if he can proue that Scott spake these
words, he must be dealt w*h, or if not he, then w*h Thomas
Hunt, but till he can bring some other author, he must lye
vnder it; and he was further told if he did not intend to
slander the church, why did he say the next day to Richard
Law and his sonn Jonathan, (when they were speaking of this
matter,) that he wished the church could cleere themselues>
as Richard Law now affirmeth and his sonn hath giuen in vpon
oath, w°h was now read ; he said he remembers it not, but if
he did speake so, it was weakely spoken, but was told it was
wickedly spoken.
Richard Law complained and desired the justice of the
court against Jn° Meade in sundrie cases wherin he hath
wronged him, so that it is spread vp and downe the plantations,
as he comes betwixt this and Stamford, to his great disgrace;
as first, that he did deny him justice in refusing to giue him
an attachm*, wch case the court hath heard; and he hath
accused him before the church as one that villifyed him to the
church, and notw'hstanding all the church could say, he would
[109] not be satisfyed, the ground whereof John Meade || said,
was because Richard Law held it forth before the church as if
he had complyed w'h Robert Basset in his disturbing way, and
was a forward man against the church and comon wealth.
Richard Law replyed that he did obserue too much forward
ness in John Meade that way, and that he told him one time
of it, and he answered they intended to rayse nothing against
the jurisdiction but against the Duch, but all he did in the
church was to giue a worde of advice to his father, (who is a

1656] JURISDICTION OF NEW HAVEN. 165
brother amonge them,) to counsell his sonns to take heede
that they runn not too farr that way, and that this was the
case Mr. Byshopp the pastour, Jn° Holly and Jn° Waterberry,
two of ye bretheren, affirmed.
3diy. Hee spread it abroad of him, that he brought a lye to
the towne-meeting, w°h was the case before mentioned con
cerning Turner.
4. Hee hath said that he forged an agreem' made betwixt
Jn° Waterberry & widdow Turner, wch Mr. Goodyeare now
testifyed, who saw that writing at Stamford, and told Jn°
Meade that it is thus and thus expressed in a cleere way ; Jn°
Meade then replyed, I, that is goodman Laws putting in
vnwarrantably, and Mr. Byshopp affirmed the same. Jn°
Meade was asked what he said to it, he said he intended not
to charge him w'h forgery, but Mr. Goodyeare & Mr. Byshopp
now said, that he did charge it as forgery at Stamford, and
Francis Bell now said that the agreement was right, that all
differences were to be issued betwixt Jn° Waterberry and
widdow Turner, she was to haue the boy and he was to haue
of her eight pound, but that night that the buisnes was in
hand, he did obserue such carriage by Jn° Meade, Joseph
Meade and John Lawde that exceedingly offended him, and
he professed if this was their way to carie it thus and trample
vpon authoritie in this manner, he would complaine of. it
where it might be remendied.
5. Another accusation against him was that he would issue
no differenc betwixt ptie and ptie but he would haue five, six,
eight or ten witnesses vpon oath, wch is vntrue and a slander
cast vpon him. This Mr. Goodyeare said John Mead spoke to
him at Stamford, and Jn° Mead now ownes that hee said, that
it may be when his euidenc comes forth goodman Law and
he should issue, for buisnes vseth not to be issued at Stam
ford w'hout 5, 6, 8 or 10 witnesses.
6. Hee hath charged Richard Law w'h falsifying testimonies
vpon oath, to cleere which Mr. Byshopp declared that Jn°
Meade came to him and desired that his euidences might be
taken out of Richard Laws his hands, and gaue two reasons,
first because he is his enemie, 2d]y, because he had falsifyed

166 RECORDS OF THE [1656
testimonies vpon oath ; Mr. Byshopp replyed, (Mr. Goodyeare
being by and affirmes ye same w'h Mr. Byshop,) if this be true,
he is not fitt for church nor comon wealth, John Mead said he
thought so, Mr. Byshopp said, by this meanes you disable him
from any publique place, Jn° Mead answered that he intended
that, Mr. Byshopp said he had better hopes of brother Law,
Meade replyed he would be of another minde by May court ;
but to cleere this charge Jn° Mead did make nothing appeare,
but the contrary did appeare by Rich: Laws declareing his
manner and way of examining witnesses and writing downe
the same, wch was also further cleered by the testimony of
Richard Mills vpon oath, w'h wch way of pceeding the court
was satisfyed.
Lastly, Rich: Law declared that Jn° Mead hath not onely
charged him w'h all these euills, but added this, that he is
vnder the raigne and power of them ; Jn° Meade owned it &
said it was not volentarily spoken by him, but drawne from
him, and M1'. Byshop told Jn° Mead that he said so to him,
and that he knew and could prove it, and George Slawson
replyed to him that he should not take notice of euery fayling;
no said hee, all these are raigning euills in goodman Law;
SlawsonTreplyed, it is a sad charge ; Mead answered, but if I
make it not out, my owne ruin and ouerthrow will be the
greater. [110] || Some differenc betwixt Jn° Waterberry and Jn°
Mead was agitated before tbe court, but in ye issue they
agreed betweene themselues and declared it to the court, that
Jn° Mead paye Jn° Waterberry for his jurny heither, give
him his he hath w'h-held, though ye debt was paide, and
acknowledg the wronge he hath done him in his name in
speaking eproachfull words against him.
The Court considered of these things and doe looke vpon
Jn° Mead as hauing done great wronge to Richard Law in his
place as a publique officer, that he hath bine an incendiarie
and worker of great disturbanc at Stamford, that he hath
highly slandered the church, &c, therfore they agreed for
the present to comitt him to prison till they may further con
sider the matter.

1656] JURISDICTION OF NEW HAVEN. 167
After Jn° Mead was comitted he sent a writing to ye court,
wherin he acknowledgeth his miscariages, and w'h what an
euill frame of spirit he hath bine caried on, w°h the court
looked vpon as short in respect of his sinn, but vpon the
inteaty of Mr. Byshop, Richard Law and Jn° Waterberry,
the court inclyned to fauour, and sent for Jn° Meade out of
prison, and declared to him, that they did not remembr that
they mett w'h such a case since they sat as a court, wherin
their hath bine so much mallic and bitterness of spirit in
psecuting, both against the church and against Richard Law,
the onely officer for civill affaires in that towne, rendering him
as a most vile man, neither fitt for church nor comon wealth.
Wherfore the court by way of sentenc did now order, that
John Meade doe make a full acknowledgm' at Stamford, both
to cleere the church, Richard Law and Jn° Waterbery, for
though he hath laid heauy charges, yet hath not proved them ;
that he paye Richard Law, towarde his charge and trouble in
this buisnes, (he being in other respects satisfyed w'h his
acknowledgm',) tenn pounds; and for disturbing the juris
diction, opposing a publique officer, that he paye as a fine tenn
pound ; and that he and his brother, (or some otlier man in
whom the court may be satisfyed,) be bound in a bonde of
fifty pounds for his good behauiour for time to come; and
that he paye the marshall for his trouble and charge twenty
shillings ; and if this acknowledgm' be not pformed at Stam
ford to satisfaction, he is to be bound ouer to answer it at the
court of magistrats in Octobr next. And Jn° Mead and Joseph
Mead both entered into bond before the court, that the said
Jn° Mead shall behaue himselfe peacably & not fall into these
or the like miscariages againe, vpon the forfeiture of the said
bond, to be leuyed vpon either or both their estates.
After sentenc Jn° Mead acknowledged his miscariag in his
abominable slandering and reproaching the church, and the
courts tendernes notw'hstanding his horrible and sinnfull way,
w°h hath proceeded from a bitter roote of prejudice and selfe
confidenc in his owne way, wch hath hindered him from take
ing advice for his good, and for all the pticulers wherein he
hath charged goodman Law, he confesseth he had no cause,

168 RECORDS OF THE [1656
and desires he may be truely humbled for it, he hath forged
no agreem's, falsifyed no testimonies, nor denyed him justice,
&c, much less had he cause to say that these were raigning
euills in him, but he desires to take ye shame of these things
to himselfe, and y' all others may take warning by him, and
that he may walke in a better frame for the future.
A fine of tenn pound wch Joseph Mead stands ingaged for,
for his brother John Richardson, was now required, but he
desires forbearanc till next Michaelmas and he would then see
it paide, wch was granted.

[Ill] At a Court of Elections held at Newhauen for
the Jurisdiction, the 28th of May, 1656.
Theophilus Eaton, Esqr, is chosen. Gouernor.
Mr. Stephen Goodyeare, is chosen Dept. Gou'.
Francis Newman, }
Mr. Benjamin Fenn, > Magistrats.
Mr. William Leete, )
The Gouernor and Mr. Leete are chosen Comissionrs, Fran
cis Newman a 3d man, in case any of the other should be by
Gods prouidenc hindered.
Mr. John Wakeman chosen Treasurer.
Frances Newman, Secretarie.
Thomas Kimberly, Marshall.

At a Generall Court held at Newhauen for the Juris
diction, the 28th of May, 1656.
Present.
Magistrats.
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeare, Deputie.
Francis Newman, )
Mr. William Leete, > Ma:
Mr. Benja: Fenn, )

1656] jurisdiction of new haven. 169
Deputies.
Mr. Wakeman, ) AT ,
Mr. Gibbard, \ N^hauen.
Leiutent Treate, j ,,.,» •,
Tho: Buckingham, j Mllford-
Leiuten* Chittendine, L .,, -,
Mr. Kitchell, | Guilford.
Richard Law, ) 0. e ¦.
Fran: Bell, ' j Stamford.
Barnabas Horton, ) a ., ¦, ¦¦
William Purrier, J Southold-
Mr. Crane, ) t, jj? j
Leiut. Swaine, J Brandford-
John Frost, seruant to Mr. Gibbard, being called and exam
ined aboute the burning his masters house, &c, confesseth as
he had done in his former examination before the gouernor,
the 17th of March last, viz*:, that he did the day before, (being
the Saboth, (in the afternoone, and after his master and mris.
were gon to the meeting, light a peece of papr at the fire in ye
house, and caried it out vnder his hatt, that the chilldren
might not see it, and went to the hey stack that stood neere
the barne, and did on purpose kindle some hey, w*h an intent
to burne both hey and barne, and left it smoaking, and then
went to the meeting house w*hout any indeauour to put it out,
but desiring that it might burne, w°h accordingly it did, burn
ing the hey and barne, and after runn to the dwelling house
and burnt it downe to the ground, w'h much goods ; which
when he saw, he said it repented him and he was sorrey that
he had so done. Hee was asked what stirred him vp thus to
doe, and how long these purposes haue bine in his minde, he
said hee loued not to goe to plow w'h his master, because when
the oxen went not right he would knock him, and therfore he
had a minde to burn the hey, and he also did it by way of
reuenge, because his master had aboute six weekes before
whipped him, and from that time he had purposes to doe this
thing, w°h he was further stirred vp to doe aboute a fortnight
[112] || since, because his master struck him a blow, and
would haue done it sooner if he could haue had opptunitie to
22

170 RECORDS OF THE [1656
doe it so as no body might see him and had not bine hindered
by raine and snow that fell, and he sometimes thought to doe
it in the night, but that he thought it might hurt their psons.
Mr. Gibbard being present said, that it is likely he might
sometimes knock him for some miscariages, as he thinkes
boyes will sometime deserue, and he did whipp him as he saith,
w°h was for lying, wch he thought was his duty to doe, and
he thinkes he did one time strike him a blow because he left
open the dore and let some calues goe in and eate pease, but
he thinkes if the boy be considered, what he was when he
tooke him and how he is now, he thinkes it will appeare that
he hath bine well vsed and hath not had any immoderate cor
rection ; and he hath now of late caried it in the family so
pleasantly as he hath marueled to see, and pticulerly the day
before he did this mischeife, and that morning, wch he should
wonder at but that he knowes he hath vsed to cary very
hippocrittically in other things, and Frost being asked said he
did carie it so that he might not be sus.pected for the mischeife
wch he intended to doe.
Which being fully and freely owned by him, the court
seriously considered what God called for in this case, and in
the issue concluded, that considering he is young, (aboute
fourteene yeares of age,) and also somewhat childish in his
way, agreed to spare his life, (though the offence be exceed
ing heynious and aggrauated w'h many circumstances,) but
that the following sentence should be executed vpon him, viz:
that the said John Frost should be a seruant for one and
twenty yeares from this time, fiue or six of which yeares
belongs properly to Mr. Gibbard, being a remainder of ye time
of seruice to him due vpon former agreement, and for the
other time, fifteene or sixteene yeares, be it more or less, the
proffitt thereof shall be deuided betwixt Mr. Gibbard and Mr.
Wakeman, (vpon whom the loss fell,) in a due poportion
when their seuerall losses are made knowne; that he be
seueerly whipped w'h rods fitt for that purpose ; that he weare
a halter about his necke and a small light lock vpon his legg,
so as they may be seene ; that he stand in the pillory such a
space of time as the magistrats shall thinke fitt, and if he shall

1656] jurisdiction of new haven. 171
goe out of ye jurisdiction w'hout leaue, he shall be lyable to
be questioned for his life againe; w°h sentenc was by gen:
court ordered to be published by the magistrats of Newhauen
the next trayning day, wch will be ye 9th of June, and then
also, as the case requieth, to be executed. The charge w°h
doth arise by his being in prison is to be pd by the jurisdiction,
because they are not willing to put it vpon his master, whose
loss by him hath bine to much allready.
Mr. Gibbard informed the court, that he vnderstands that
some of his neighbours are not willing that he should haue
the boy to dwell w'h him againe, fearing he may doe more
mischeife in the like kinde, and some objected against his
wearing of the lock, because it would be a hinderanc to him
in his worke and so make his seruice the less profitable. The
court told Mr. Gibbard that they could not force any man to
take him, but if he cannot imploye him himselfe to satisfaction,
he may treate w'h any other, as Mr. Wakeman, the marshall
or Jn° Coopr, aboute the iron worke, and if he can agree w'h
any of them to satisfaction, the court will be content, but if no
comfortable closeing can be, so as he may stay here, but that
in the issue he must be sent away, and it may be back to
England to his father, then the court of magisrts must meete
to consider of some further punishm' to be inflicted for exam
ple and terrour to others, that none may be imboldened to take
such courses, and if the lock proue inconvenient and a hin
deranc in his labour, it is left to the court at Newhauen to
alter that part as they shall see cause.
[113] || The Court by vote declared themselues willing that
John Youngs w'h his barke should yet continew the seruice
he was put vpon by the comissionrs in September last, to hin
der Ninigret from goeing against the Long Island Indians, and
that foure men be sent w'h him out of this colony, viz': two
from Newhauen, one from Millford and one from Guilford and
Brandford, and that he should haue what prouissions he
thought was necessary for the seruice, all wch charges are to
be brought to account by the comission1 s in September next.
Vpon a petition presented by John Meggs, and the desire
Of Richard Hubball, the court abated Jn° Meggs five pound

172 RECORDS OF THE [1656
of a fine of ten pound that he owed to ye jurisdiction,, and
Richard Hubball fiftye shillings of a fine of fiue pound that he
owed likewise, and that the rest be forthw'h paide.
Old Mr. Swaine, Mr. Crane, Leiutenn' Sam: Swaine and
Lawranc Ward, are chosen deputies for Brandford for the
yeare ensuing, and haue the same power comitted to them as
they had the last yeare, and Mr. Crane & Leiutenn' Swaine
did now take the deputies oath, and ordered to administer ye
oath to ye other two at Brandford.
Richard Law and Francis Bell were chosen constables for
Stamford for ye yeare ensuing, and haue the same power as
the constable there had the last yeare, and they now tooke
oath to discharge that trust faithfully, but if the free-men of
Stamford are not willing that Richard Law should hold that
trust, they excuse him from this oath, and then Francis Bell
is onely chosen according to the feemens desire there, though
the court be of another minde, and that the towne of Stamford
may see that Jn° Meades complaints were vnjust and haue
made no " alteration in ye court concerning Richard Law.
And Francis Bell now declared that he is not willing to be
alone in so weightie a buisnes.
Barnabas Horton and William Purrier were chosen consta
bles for Southold for the yeare ensuing, and haue the same
power that the constables of that place haue formerly had, and
they now tooke oath faithfully to discharge their duty therin.
It is ordered that when a towne meeting is duely warned,
(that is at least foure and twenty hours before,) vpon publique
occasion in any plantation in this jurisdiction, whosoeuer after
such warning shall not appeare at the time appointed, or shall
w'hout leaue depart the said meeting, shall paye for the same
two shillings six penc, and for late coming one shilling, and if
vpon demande the fine be not paide, the authoritie in ye place
shall recover the same by distress, but if any shall be disor
derly and stubbornly refuse, the shall be bound to answer it
at ye next court of magistrats at Newhauen after the said
offenc is comitted, but in case of submission, the free-men in
each plantation haue power to abate or remitt the fine, in
either case as they shall thinke fitt.

1656] JURISDICTION OF NEW HAVEN. 173
It is ordered that if any of them who are vndertakers in ye
iron worke, shall or be really in debt, and any man shall desire
justice against them to be executed vpon that part of their
estate wch they haue in the said worke, justice shall be granted,
but so as the said iron worke be not hindered nor the other
ptners damnifyed thereby, but the said ptie attaching or desir
ing justice against such part shall, if the case require, come in
his roome and be lyable to cary on the said pt in all respects
as the first aduenturer, till the debt be paide by the produce
that shall arise out of the same.
A bill giuen by Mr. Wells of Southold to ye treasurer, of
aboute three pound five shill, w°h he spent in coming to New
haven aboute two yeares since to giue intelligenc of some
publique disturbers there, wch the freemen there advised him
to, conciveing if some course were not taken, the peace of ye
jurisdiction would be indangered, is ordered to be alowed to
him by the treasurer.
The Court vnderstanding that John Hodshon had lost a horse,
wch was taken vp for the seruice of the cuntry when they were
goeing forth against the Duch aboute two yeares sine, though
in justice they see not ground to alow any thing, yet in a way
of neighbourly condescendency, that the loss may not lye too
heauy vpon one man, they shall alow him seuen pound ten
shillings. [114] || It is ordered that sixteene horses shall be prouided
and kept in ye five townes vpon the maine in this jurisdiction,
w'h suitable sadles, bridles, pistoles and other furniture that
is necessarie towards the raysing of a small troope for the
seruice of the cuntry, in an equall proportion as they can be
deuided according to the estate of each plantation, which is as
followeth, six from Newhauen, foure from Millford, two from
Stamford, and foure from Guilford and Brandford, and that
the psons who shall freely vndertake or be appointed there-
vnto, shall be free from rates both for their psons and ye said
horss, also from trayning w'h the foote company, and from
any press for themselues and horss to other publique seruice,
and shall haue what other priviledges is granted to troopers
in the Massachusets or Connecticote colonies, prouided that

174 RECORDS OF THE [1656
such men who shall be appointed to this seruice shall be dilli-
gent in the vse of all due meanes to fitt themselues and horses
for the same at home in their seuerall plantations, after wch
this court will consider how they may be improved in a pub
lique way of trayning ; and that euery plantation prouide and
keepe double as many good stoute doggs, mastives or as neere
as can be gott, wch may be of good vse against woolues and
in some other cases, w°h proportion of horses, furniture and
doggs, is to be prouided by each plantation betwixt this and
the election court in May next, vnder the penaltie of fiue
pounds. And for the incouragm* of souldiours in their millitary
exercise in jurisdiction, it is ordered that euery plantation shall
prouide a partison for their leiutenn', cullars for their ensigne,
halberts for their serjants, w'h drumms fitt for seruice, w'h a
certaine number of pikes as hereafter exprest, w'hin a yeares
time, vnder the penaltie of fiue pound for totall or any greate
or willfull neglect, w'h libertie for this court to mittigate in
this case, and in case of horses and doggs before mentioned, as
they shall see meete when they vnderstand what indeauours
haue bine vsed for accomplishing the same. Newhauen being
furnished, Millford is to haue sixteene pikes, Stamford six
teene, Guilford twelue, Southhold and Brandford eight a peece.
And further that halfe a pound of powder for euery souldioUr
be alowed by euery towne out of their towne rate once in a
yeare to the cheife officer, to be by him bestowed vpon them
according to their due deserts, to be spent as he shall order,
by shooting at a marke three times in a yeare for some small
prise which each towne shall prouide, in valew not aboue fiue
shillings a time and not less then two shillings six pence, w°h
shall be ordered either to one or more as the officer shall
appointe ; and that each towne prouide a good paire of hilts for
souldiours to play at cudgels w'h, and that they exercise them
selues in playing at backsword, &c, that they learne how to
handle their weapons for the defence of themselues and offenc
of their enemies, and that the deputies of each plantation
speake to the teaching elders there to take some fitt opptuni-
ties to speake to the souldiors something by way of exhorta-

1656] JURISDICTION OF NEW HAVEN. 175
tion, to quicken them to a consciencious attendanc to this
duty, and that souldiors in time of their vacancy doe exercise
themselues in running, wrastling, leaping and the like manly
exercises, the better to fitt their bodies for seruice and hard-
shipp, and that all other exercises, as stoole bale, nine pines,
quaites, and such like games be forbidden and not to be vsed
till the millitary exercise of the day be finished and the com
pany dismissed from that seruice.
[115] || John Tucker of Southold, who is aboute to set vpon
a way of makeing Steele there, & had seuerall priuiledges
granted to him by this court in October last for his incourag-
ment therein, did now further propound that if his said worke
should not bee successfull, yet seeing he layes out allmost all
his estate vpon it, he might notwithstanding be free from rates
the said ten yeares before granted, wch the court considered
of and declared, that if he doe laye out his estate in such a
manner aboute this publique worke, and that God shall cross
him therein so that he be impouerished thereby, they are
willing that that small remaining part of his estate shall be
free from rates for ten yeares.
It is ordered that whosoeuer shall put or kindle any fire in
woods, grounds, yards, orchyards, or other place or places,
lying in comon or inclosed, so as the same shall burne fences,
buildings, or cause any other damage in any season or manner
not alowed by authoritie in that plantation, or on the last day
of the weeke, or on the Lords day, euery such person shall
paye all damages and halfe so much more for a fine to the
plantation, and if not able to paye, shall be corporally pun
ished as the court shall judg meete.
But if any seruant or seruants, pson or psons in relation, or
any other whether male or female, shall willfully, maliciously
or by way of reuenge, kindle or put any fire into any corne,
hey, straw, hempe, flax, timber, hewed, sawen or riuen, heapes
of wood, charcoale, other goods or combustiable matter, espe
cially in the night or on the Lords day, by meanes whereof
any dwelling house, barne, shedd or other buildings, hey,
corne, cattell, houshold goods, or other estate of what kinde
soeuer may be indangered, burnt or destroyed, (much more

176 RECORDS OF THE [1656
if the life or Hues of any pson or psons shall be thereby lost or
hazarded,) such mischeiuous pson or psons shall be proceeded
against, either by the court of magistrats, if the sinn be heyn-
ous or oapitall, as a presumptuouse or mallicious offendo1 or
offendors against the fiffc, sixt, or eight comandem*8, to be pun
ished by death or otherwise seueeely as the case may require,
or by the plantation court, if the miscariage be of a lower nature,
by corporall punishm* or paying double or treble damages, but
if the damage be great and the offendor or offendors not able
to make such restitution, he or they shall by sentenc or order
of the court of magistrats be sould for a seruant or-seruants,
either into these English colonies or abroad, that due satisfac
tion (so farr as may be attayned) be made, as the court con
sidering the offenc w'h all the aggrauating circumstances shall
judg meete.
A letter from Greenwich was read to the court, w°h is an
answer to that wch this court ordered to be sent to them
aboute a yeare agoe, w*h wch answer the court declared them
selues much vnsatisfyed, and concluded that this letter should
be answered by the gouernor in the name of this court, our
right to Greenwich asserted, and that the two present depu
ties for Stamford, Richard Law and Francis Bell, doe goe to
Greenwich and deliuer the said letter, and in the name of this
court require the number of their males from sixteene yeares
old to sixtie, that they may be deliuered w*h the other males
of this jurisdiction to ye comissionrs at their next meeting at
Plymouth, but if they doe deny or delay to doe it, they shall
by warrant from this court be warned to attend a court of
magistrats to be held at Newhauen the 25th of June next, to
answer their miscariage therein, and if they appeare not, then
Richard Crabb and some other of the most stubborne and dis
orderly psons shall be by some meanes, (wch may be thought
safe) seized at Stamford, or thereaboute, and sent to New
hauen to answer their contempt, prouided that if in the meane
time wee vnderstand by Mr. Garret or otherwise, that they
are owned by the State of England, and haue a pattent from
thenc for the place, (wch wee beleiue will not be,) it may be
further considered and ordered accordingly.

1656] JURISDICTION OF NEW HAVEN. 177
The court vnderstanding that in some of the plantations the
fundam'all lawes of the jurisdiction haue not bine attended,
but that others beside free-men haue had libertie to vote in
things of weightie trust and concernment, did now order that
those orders be exactly attended, and none suffered to vote
but free-men, unless it be in some pticuler cases wherein the
proprieties of the planters in generall are concerned and ought
not to be disposed of w'hout their consent.
The Court vnderstanding that the towne of Millford haue
called vpon Leiut. Treate to. watch as other men, declared that
[116] as leiutennant he ought || to be free for his pson, estate,
and one house lot.
It is ordered that no master, or other family gouernor or
pson, shall sell any seruant, male or female, of what degree
soeuer, out of this jurisdiction, vnless it be into some of the
other three colonies, w'hout leaue and lycense from the
authoritie of that plantation to wch he belongs, vnder the
penaltie of ten pound for each default.
The Court was informed of sundrie disorders at Southold,
as that ye jurisdictions lawes are not obserued nor towne
orders regarded, but fences and gates lye downe and trespasses
are comitted & the fines due in such cases not gathered, that
diuers doe sell strong water wch are not lycensed thervnto, by
wch meanes ther is much disorder, both amonge English and
Indians, vnseasonable meetings of youth and also elder people
in the night, w'h vnreuerent behauiour of diuers both young
& old in the publique solemne assemblies, others sitting abroad
in the time of the ordinances, and some comeing to them
verey seldome or not at all, concerning w°h the court inquired
of the deputies of that plantation, who could not altogether
excuse these things, wch the court was sorrey to here, and
declared themselues much vnsatisfyed therew'h, and that such
things may not be borne withall in any plantation ; and there
fore agreed, that they should be certifyed to Southold w'h a
manyfestation of the courts dislike thereof and there desire of
a reformation, w°h if not attended, the constables were now
Ordered to binde such disorderly psons to answer it at the
next court of magistrats. 23

178 RECORDS OF THE -[1656
The Court was informed that there hath bine a question in
some of ye plantations, whether when cattell be lost, (specially
horses,) so that they haue not bine seene or heard of by the
owners in a yeare or two yeares time, if in y* case they should
bring them in to paye rates for them ; wherevpon the court
declared that cattell (specially horses) be missing a yeare or
two yeare, so that the owner know nothing but they may be
aliue a/id well, they shall be brought in to the rates as such
cattell so long missing, wch if not after found, but that the
owner suffer the loss of them, he shall be alowed so much
back as he hath paid for them from that time, prouided that
if the said cattell shall after a longer time be found and
returne to the owner, he shall repaye such alowanc and be
lyable to paye what further shall be due more then the two
yeare alowed for.
The buisnes aboute the planting of Paugaset, propounded
at ye gen: court in October last, and in some pt assented to,
was now againe in question, and what then passed being read,
the magistrate and deputies for Milford objected against it, and
Mr. Prudden on behalfe of their towne declared that it would
be verey prejudiciall to Milford seuerall wayes, so much as
they could not comfortably cary on their occasions there by
reason of the straightness of accomodations for comonadg for
their cattail wch they should suffer, by reason that Stratford
Riuer and Newhauen bounds doe confine ym to so narrow a
compass, all wch were duely considered, as also what Richard
Baldwin and others concerned in Paugaset did say, or others
on their behalfe, to take of the objections made; but after
much time spent in many debates aboute it, the court saw
that ther was not like to be a comfortable closeing betwixt
them if the planting of Paugaset went on as had bine intended,
wherefore it was propounded to both pties that those concerned
in Paugaset would resigne their purchase to Milford, they pay
ing them for the same, and that all former differences may
bee buried and forgotten, and that the towne of Milford would
[117] H accomodate those of their towne that did intend to
sit downe at Paugaset w*h comfortable accomodations for
their subsistanc.

1656] JURISDICTION OF NEW HAVEN. 179
Richard Baldwin for himselfe and the rest professed that it
hath bine straightnes of accomodations that hath put them to
stand so much vpon it as they haue done, but if they may be
accommodated at Milford, so as they may but subsist in a
comfortable way to maintayne stockes suitable to their families,
they shall resigne the purchase to Milford, they paying them
what they haue laide out. Millford men replyed that they
had not wherew'hall to doe it, they haue no meddow to dis
pose of but some that is reserued for an elder, but Leiutennant
Treate offered to giue seuen acrs of his owne meddow towards
their accomodations. Richard Baldwin asked if they might
not haue the free vse of that meddow reserued for an elder
till it be disposed of to the vse intended. Mr. Fenn said he
should propound it to the towne and it is like it might be
granted, but they could not ingage, and some of it is allready
disposed of till ye time come ; so y' in the issue the court
advised both pties to peace, and that those w°h intended for
Paugaset would cease any further prosecution till they see
what accomodation will be granted them, and vpon satisfac
tion' to resigne, &c. ; but if their can be no closeing in this
way, then the court declare, they must leaue the buisnes as it
was in October last before they medled w'h it, but they rather
desire a closeing in the way propounded and that no former
things bee reuiued to prouoake one another, which if any shall
doe, the court cannot but be offended and must so declare
themselues, and for Thomas Langden, if all consent but him,
and he proue troublesome, the court will take a course either
to quiet or remove him.
A case propounded concerning widdow Plume of Milford,
wherein she complains of wrong she hath suffered by fencing
more then her due proportion, in the debate of w°h buisnes
the court saw cause to giue aduice that the land and fence
wherein she is concerned be exactly measured and rightly pro
portioned, to each an equaU share, and for so much it appeares
she hath done aboue her pportion that she haue it taken off
from her for the time to come, and that she bee paide both for
makeing and maintayning of it for time past, and for any fur
ther consideration of their towne order aboute house lotts or

180 RECORDS OF THE [1656
other fences, it may be considered at another season when
things are better prepared.
William Potter of Stamford informed the court that he is a
weake infirme man and not fitt to trayne, and desires he might
be freed, of whom the court now tooke notice and so judg him
to be, and therefore declared that while this weaknes con-
tinewes he shall be free from trayning, but if God recouer him
to abillitie he is to attend that seruice againe.
The Gouernor informed the court that he had receiued a
letter from the Lord Protector, inuiteing the people of this
colonie, or pt of them, if they shall see it to be their way, to
remove to Jamaica, and also a copie of the instructions giuen
by his highnes to Capt. Gookin, who is imployed to all ye col
onies for the furtheranc of that designe, w°h letter and instruc
tions were now read to the court, w'h some other letters from
Capt. Gookin and ye copie of a letter from Major Sedgwick
from Jamaica, and also w'h what intelligenc Richard Miles
brought from Capt. Martin, to whom he was' sent to inquire ;
after which the deputies from the seuerall plantations were
desired to let the court vnderstand what is the minde of their
townes in this buisnes, and the rather some weekes since the
seuerall plantations had notice of this motion^ not onely by the
printed paprs sent to them to be published but by other means
also, and that an answer would be now expected from them.
Much debate there was aboute this thing, and a serious weigh
ing and considering thereof, and though they cannot but
acknowledg the great loue, care and tender respect of his
highnes the Lord Protector, to New England in generall, and
to this colonie in pticuler, yet for divers reasons they cannot
[118] conclude that || God calls them to a present remove
theither, though if they could haue found two men fitt and
Willing to goe w'h Capt. Martin to view, they would haue sent
them at the charge of the jurisdiction, but that being hard and
difficult to obtayne, must be defferred till another season, and
for the present the court onely desired an answer might be
sent to his highnes the Lord Protector, w'h all humble
acknowledgm' of his great loue towards vs, w°h they intreated
the gouernor to doe as he shall thinke fitt.

1656] JURISDICTION OF NEW HAVEN. 181
What was last yeare paid out of the treasury to the gou
ernor, secretarie & marshall, is to continew this yeare also, and
it was further ordered that the gouernor and Mr. Leete should
haue each of them a man at the jurisdiction charge to attend
their occasions at home, while they are abroad at the comission
buisnes. The Court by vote declared that they free Mr. Goodyeare
from paying any jurisdiction rates for ye yeare ensuing.
The Court vnderstanding that some part of William Ellits
fine of forty shillings is yet behinde vnpaide, and that Rogger
Williams of Milford before hee dyed, promised to satisfye the
same, viz' twenty shillings to ye marshall at Newhauen, and
what charge was to be paid at Milford, vpon which ingagm'
of his, Ellit was released, it was ordered that the same to be
paid out of his estate.
It is ordered that a rate of one hundered and fifty pound
shall be paide from the seuerall plantations in this jurisdiction
in just and equall proportions, to the treasurer at Newhauen,
the one halfe by the midle of October next, the other halfe by
the midle of March following; in money or good merchantable
beauour, at price currant, in wheat at fiue shillings a bushell,
pease or rie at foure shillings a bushell, in beefe at two pence
halfe penny a pound, and porke at three pence halfe penny, or
if in barrells, then after the same proportion, salt & caske
being alowed for, all wch is to be good and merchantable.
The somes due from each plantation is as followeth,

Newhaven,

56:

02:

00.

Milford,

32:

17:

00.

Guilford,

20:

05:

00.

Stamford,

17:

14:

00.

Southold,

12:

00:

00.

Brandford,

11:

02:

00.

150:

00:

00.

182 RECORDS OF THE [1656
[119] At a Court of Magistrats held At Newhauen Ye
25th June, 1656.
Present,
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeare,
Francis Newman,
Mr. William Leete.
The Towne of Milford, plant. ) Mr. Fenn, on behalfe of Mil-
Henry Tomlinson, defendl. ) ford, declared in an action of
the case against Henry Tomlinson, that they had seuerall
things against him, but should refferr them all to foure heads,
First, he hath charged that the towne haue done him wrong.
2dJy, that they bought a house of him but neuer pd him for it.
3d]y, that he hath much molested and disturbed the towne,
causing many meetings and w'h-holding from them the quiet
possession of that wch is their owne. 4'h'y, that he hath
broake the jurisdiction order in selling strong water at a
greater price then is alowed, and wine and dyet at (as is con
cerned) immoderate prises, whereby the towne sufferes and
some haue said they neuer came at the like place for dearness.
But first, to begine w'h the third pticuler, his disturbing
and molesting the towne, in wch the two first are included.
After Ensigne Bryan grew wearie of keepeing the ordinarie at
Milford and desired to be freed, the towne were exercised
where to gite another fit man, at last they pitched upon Henry
Tomlinson and ppounded it to him, and after some debate he
manyfested some willingness therevnto, but thought his owne
house was not fitt, wch put the towne vpon thoughts, either to
fit his house or buy another more fitt & take his house of his
hand also, and the towne appointed six men to treate w'h
Henry Tomlinson aboute buying h,is house, and w'h Richard
Bryan, whose house they thought fitt for that purpose if it
might be procured ; so these six men did treate w'h the said
Tomlinson and bought his house of him for twenty three
pound, wch they appointed him to receiue out of the treasury;
after they treated w'h Richard Bryan and his father, and
bought Richard Bryans house for sixty eight pound, to be paid

1656] JURISDICTION OF NEW HAVEN. 183
in Tomlinsons house three and twenty pound, and forty five
pound out of the treasury, and the said house was designed for
an ordinarie, and Tomlinson possessed it and followed that
imployment, and was to haue it the first yeare rent free, and
after for such a moderate rent as should be thought fitt, and
was to keepe in repaire both house and fences during the first
yeare, yet after demanded repaires and additions to the house,
w°h occasioned sundrie debates w'h him and much trouble
came to the towne by meetings, &c, and growing wearie
thereof, sould the said house to William East and Richard
Bryan, who ingaged to ye towne that it should be for an ordi
narie, and if Tomlinson left it they would prouide another
man, but if he desired it and the towne accepted him in that
imploym*, he should if he would buy the house at the price
they paid for it or else hire it for a moderate rent, six pound
a yeare was first demanded but after they would accept of fiue
pound a yeare, and what repaires was necessarie should be
paid out of the said rent, but Tomlinson refused all and would
neither buy the house, nor hire it, nor goe forth of it, nor
keepe the ordinarie. This WiU: East and Richard Bryan
testifyed to be true vnder their hands, and by the defendant
was not denyed.
[120] || Henry Tomlinson was called to answer, and though he
made a large discourse, yet that wch was matteriall to the case
was, that he conceiued the house was his owne, and that there
fore he need neither buy it, nor hire it, nor goe forth of it, for he
apprehends it was his in exchange for his house, and what was
paid ouer was lent him by the towne to further him in that
imployment; he was required to proue, but said he had none,
yet called Thomas Sandford, who testifyed against him in this
pticuler, saying that the towne did absolutly buy goodman
Tomlinsons house, but of exchange he knowes nothing, and
the six men whom the towne appointed now in writing and
vnder their hands affirmed the same, & some of them now in
court declared it was so, and Richard Bryan and his father
also, w'h whom the bargaine was made,, said the same, so that
it is cleere that he had no cause so to apprehend; he was
asked wherein the towne of Milford had done him wrong, and

184 RECORDS OF THE [1656
how he can make it appeare that they haue not paid him for
his house, but could say nothing to cleere it, and Ensigne
Bryan now afirmed before him that he was paid the three and
twenty pound for his house by him according to the townes
order. For the fourth pticuler in breaking the court order in selling
strong water at a higher price then therin alowed, he could
say nothing against it but that he had mett w'h many tempta
tions and had sould some according to order at three shillings
a quart, but many testimonies were presented and many of
them vpon oath, whereby it appeared that his ordinarie price
of selling strong liqours had bine foure shillings a quart and
dyet sometimes fifteene pence a meale, when very meane and
sometime stinking beefe, not fitt for men to eate, and wine at
two shillings a quart, raw and w'hout suger. He was further
told that that w°h doth aggravate his fault exceedingly is that
when the magistrate told him of these- things, warning him to
take heede least he bring himselfe into, trouble, he grew into
a great heate and passion, and in a proud insolent way caried
it to him as if he would haue flowen in his face, and turned
from him in a scornfull manner, saying if he had broke the
court order he would answer it ; this was testifyed by William
East and Richard Bryan, who were present and heard it.
Henry Tomlinson was asked if he had any thing further to
say and prove more then yet he had acquainted the court w'h,
he said no.
Wherevpon the court after declared that they haue consid
ered the action brought, and the seuerall things charged, and
the evidenc giuen in, and doe truely wonder that in so cleere a
case he would stand out and suffer it to come thus farr ; as for
the two houses they see plainly, and evidenc is cleere for it,
they were both bought by the towne, Hen: Tomlinsons at 231,
the other at 68], in part of payemt whereof, that at 231 was
paide & accepted, but there is nothing he hath proued of any
exchange betwixt Rich: Bryan & himselfe, or betwixt him &
the towne ; and that yet he should say he would neither buy it,
nor paye rent, nor goe out, nor keepe the ordinary, the court
cannot but looke vpon it as a willfull, offensive and absurd

1656] JURISDICTION OF NEW HAVEN. 185
cariage, and therfore they order, that Henry Tomlinson
hauing ye first yeares rent free, for the rest of 'the time sine
shall paye after the rate of fiue pound a yeare, and for keepe-
[121] ing the ordinarie || still, if he would cary it well and
giue content, walking in a humble, righteous way, they can
be content, and giue it as advice to Milford that a litle further
tryall may be made.
For his charging of Milford to haue done him wronge, the
court finds nothing that way, but many faire offers for his
good, and for his vnjust molestation of them, causing many
meetings and the charge and trouble now brought vpon them,
many witnesses here attending, and for his proude insolent
cariage to the magistrate, trampling vpon authoritie in such
a manner, (a thing not to be borne,) that he make a full
acknowledgm' at Milford, to cleere the towne and satisfye Mr.
Fenn, and paye for their trouble and charge tenn pound.
And for his breaking the jurisdiction order in selling strong
water contrary thervnto, that he paye as a fine to the jurisdic
tion tenn pound, wch is less then the court conceives he hath
gained in this vnrighteous way, an account being giuen in of
eight anchors, but more is spoken of, wch is left w'h the
magistrate to inquire after and demaiide the customs for that
and also for wines drawne; and that he paye the charge of
this present court; and for his excessive price in wine & dyet
the court layes no fine at present but onely warned him to
attend more moderation for time to come, that strangers w°h
come to Milford may haue cause to speake well of ye ordinary
there as they have formerly done.
The Gouernor acquainted ye court that he had received
intelligenc from Rich Law and Francis Bell that Greenwich
men doe absolutly refuse to submitt, & will not yeild vnless
forced, or ordered by the State of England, wherevpon ye court
concluded that a monethes time be yet forborne, to see if wee
can heare they haue any thing from England by way of pattent,
after wch time the first opptunitie shall be taken to make seizure
of some of them, according to ye gen: courts order, who shall
be sent to Newhauen and then a court called on purpose to
24

186 RECORDS OF THE [1656
consider of the matter, the sending of which order for seizure
may be yet forborne fourteene dayes.
The Gouernor informed the court that there is sent ouer
now in Mr. Garrets shipp, fiue hundered lawe bookes, wch Mr.
Hopkins hath gotten printed, and six papr bookes, for records
for the jurisdiction, w'h a seale for the colonie wch he desires
them to accept as a tooken of his loue. The law bookes cost,
printing and papr, ten pound ten shillings, the six papr bookes
fourty eight shillings, and the law bookes are now ordered to
be deuided as followeth,
Newhauen, 200 Milford, 80
Guilford, 060 Stamford, 70 : a pt of wch for Grenweh.
Southhold, 050 Brandford, 40
For euery of w°h bookes each plantation is to paye twelue
penc in good cuntry paye, (wheat and pease was propounded,)
to the gouernor, Mr. Hopkings hauing ordered him to receive
it here vpon his owne account, and therfore must be made vp
in quantitie, else he would be a great losser by it.
An inventorie of ye estate of widdow Bradford of Brand
ford was presented ye last court of magistrats, (but here
entered,) amount, to 911: 12s: lld, prised vpon oath by
John Willford and John Norton, subscribed by Lauranc
Ward. An inventorie also of ye estate of John England, late of
Brandford deceased, amount, to 121 ! : 06s: lld, prised vpon
oath by Samuel Plume & Richard Harrison, January 5th,
1655, in weh is expressed that the last will and testam' of ye
said Jn° England was that Jn° Sargant should haue tenn
pound of his estate ; subscribed by Lawranc Ward.

[122] At a Court of Magistrats held at Newhauen the
5th of the 6th Moneth, 1656.
Present,
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeare, Dept. Gou'.

1656] JURISDICTION OF NEW HAVEN. 187
Francis Newman, J
Mr. Benjamin Fenn, > Magistrats.
Mr. William Leete, )
George Wood, a seruant to Mr. Goodyeare, was called, and
what had passed at Newhauen court aboute a yeare since con
cerning him, for sundrie miscariages, were now read, and
afterward Mr. Goodyeare informed that this man George
Wood, vpon Saboth day was seuennight, did make great dis
turbanc in his family, &c, a knife being missing, it was
conceived by some in ye family that he had stole and was
challenged for it, but he denyed and said he had it not and if
they would not beleeve him they might search his chest,
wherevpon Hope Lamberton went vp w'h him to see, and he
opened his chest and tumbled things vp and downe, but so as
if he would rather hide the thing then discover it, yet by
prouidenc, she saw the haft of the knife, it being brass and
very discernable, and came downe and told her mother, but
George againe denyed it, and that w'h bitter cursing of him
selfe, wishing the knife in his heart blood if he had it, whereat
Mr. Goodyeare being much troubled, told Geo: it was neces-
sarie now that ye thing should be cleered and therefore some
other should goe to see, wherevpon Mjis. Goodyeare went and
he with her, and some body else, but when she came there he
would not open his chest to let her see, saying they below
would laugh at him, and she was faine to goe away as they
came, w°h was a plaine mocke put vpon her, then Mr. Good
yeare went vp himselfe and when he came George had throwne
the things out of his chest aboute ye chamber, and bid him
looke in his chest if any knife was there, when as he had taken
it away and throwne it out at windowe, as himselfe after said.
Hope Lamberton being by said there was a bagg wch had some
things in it, he tooke vp a bagg and said here it is, you may
looke, in it, she said, nay, that is not the bagg, that I meane
was an Indian bagg, he said he had no other, but affirmed it,
and Mris. Goodyeare looking amonge the bed cloathes found
that bagg she ment, wrapped vp in a wastcoate in a pillow,
and. tooke it forth, but George Wood snached it out of her
hand, then Mr. Goodyear caught hold of it, and they both

188 RECORDS OF THE [1656
pulled to see who could get it, but at length Geo. Wood, see
ing he could not pull it out of Mr. Goodyears hand, pulled it
before him and fell downe and lay vpon it, and so shuffeled
forth of it what he pleased and put in his breeches, and then
rose againe and would haue gone downe, but Mr. Goodyeare
held him and would not let him, then he stroue much
[123] || and got into another chamber where lay a heape of
pease, and he pulled something out of his breeches and threw
into the pease, wch Mr. Goodyeare saw not and might haue
bine concealed had not some other that stood by discouered it,
and when they looked they found two siluer spoones, w°h
when he saw his countenanc fell, and being asked whose they
were, he said Mr. Samuell Eatons, wch were the two spoones
he was charged w'h last yeare, but then desperately denyed by
him, euen w'h cursing himselfe, the markes of w°h spoones,
both ye goldsmithes marke and the other, he had fyled of; so
in the euening of that day hee was brought before ye gouernor
who now informed that he considering his former and present
miscariages, could not but comitt him to prison, but then he
first intreated that he might not goe, but that not preuayling,
he fell to vse other manner of cariage, and threatened that he
would kill himselfe, or would kill or be killed, and refused and
would not goe, that the gouernor was faine to send his owne
servants to assist the marshall and to force him in, and cause
irons to be put vpon him, yet he brooke the prison that night,
and had not a watch bine set on purpose, it may be he might
haue escaped.
George Wood was wished to speake for himselfe ; he seemed
sorrowfull and confessed all that was charged vpon him was
true and that his miscariages haue bine very greate, and said
he blessed God that hath thus discouered him and afflicted
him, for by this he more sees his condition and hopes it will be
a warning to him.
The Court haueing considered of these miscariages, by way
of sentenc declared, that George Wood be first set in ye pillory
aboute the space of an houre, w'h a papr fixed to the pillory
by him, declareing his miscariages, that after he be seueerely
whipt, that he and others may learne to feare such courses ;

1656] JURISDICTION OF NEW HAVEN. 189
and seeing he hath bine allreadie expelled out of this planta
tion for his miscariages, if securitie had not bine giuen for his
good behauiour, but now falling againe into these and worse
courses, as hath bine declared, stealing, lying, cursing him
selfe, threatening to kill himselfe or others, mocking his mis-
tris, rebelling against his master and against the authoritie in
ye place, and this on ye Saboth day after precious meanes
injoyed, w'h further lying and athiesticall miscariages, fyling
of ye markes of the spoones stollen, one of wch would haue
bine death in some other place ; wherefore the court judg him
not fitt to live amonge them, but by this sentenc he is now
banished out of this jurisdiction, & if after he is one put forth,
he be found in it againe, death is to be executed vpon him
w'hout any further sentence, but because Mr. Goodyeare hath
laid out some money for him and it is fitt it should be repaide,
they giue foureteene dayes time that he may take his opptunitie
to sell him in any of the other colonies or take other course
for his securitie, but till then he must lye in prison & in irons,
that so future miscariages may be preuented while he stayes
here.

[124] At a Court of Magistrats held at Newhauen for
Ye Jurisdiction, Ye 15th 8th M°: 1656.
Present.
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeare, Dept' Gouernor.
Francis Newman, \
Mr. William Leete, [ Magistrats.
Mr. Benjamine Fenn, )
Jeremiah Jagger of Stamford appeared to prosecute in an
action of the case against Lambert Woodward, but hee appeared
not nor any to answer for him, though he is ingaged in a bond
of tenn pound for his appearanc ; wherefore the court ordered
that the secretary doe write to Stamford to ye constables there
that if the said Lambert come theither they seize him or his
estate to the valew of tenn pound, or else take standing secu-

190 records of the [1656
ritie to that valew, to answer the case here or satisfye Jeremiah
Jagger, and ye same Mr. Fenn is to doe at Milford if he come
there. Henry Peirson of Southampton prosecuted in an action of
the case against Mr. Giles Siluester of Shelter Island, on the
behalfe of John Cooper and Thomas Coopr of Southampton,
and showed to ye court two letters of atturney, one from
Thomas Coopr to his brother John, and one from John Cooper
to Henry Peirson, both to prosecute the said Mr. Giles in this
action; & ye said Henry declared that Mr. Giles Siluester
imployed John and Thomas Cooper to bring a mare and two
colts to ye north sea wher he had a sloope to cary them to
Shelter Island, which imployment (out of respect to him) they
did accept and did their indeauour, but in bringing of them
the mare being vnruley cast herselfe and dyed, and Capt.
Siluester, whose the mare and colts were, sued Jonas Wood
(of whom he bought them) for the same, and recouered
against him, and Jonas Wood therevpon sued John and
Thomas Cooper, and recouered the same of ym, and they doe
thinke that Mr. Giles Siluester should beare them out in it,
being he imployed them.
Giles Siluester answered, that he neuer imployed ye said
Coopers in this seruice, but he comeing accidentally in the
sloope w'h Thomas Yew to Northampton, Thomas Cooper
came to him and told him that their were a mare and colts of
his brothers at Southampton, and if he pleased he would bring
them downe and get his bro: John to help him, and he replyed
[125] if they were his brothers || hee would receive them if
they brought them, and they went and brought two colts and
he received them and caried them to Shelter Island, but his
brother would not owne them.
Henry Peirson was told that what he declared is denyed,
therfore he must make proofe, wherevpon he presented a testi-
money of Thomas Yew vpon oath, wherein he testifyes that
Mr. Giles Siluester went with him in je sloope to Northamp
ton, and said he was ordered by his brother Nathaniell to bring
a mare and two colts to Shelter Island in case they were taken
vp, wch they heard they were and put into the oxe pasture,

1656] jurisdiction of new haven. 191
and ye said Giles desired him to make ready the sloope to take
them in, for, said he, I haue got goodman Cooper to bring
them downe, and he brought two colt, wch they received and
caried to Shelter Island and deliuered them safe on shore, and
that he heard Giles Siluester say the mare had killed herselfe
and that his brother Nathaniel had lost more then this before
now, but here wasye increase.
A testimony of John Ogden vpon oath was also giuen in,
wherin he affirmeth that he being at Northampton went aboard
Capt. Siluesters vessell to speake with Giles Siluester and
found him in great hast to goe to the towne, he asked the
reason and he said because he had spoken to goodman Cooper
of Southampton to looke vp a mare wch his brother had
bought of Jonas Wood, Hallifax, that he would gladly haue
her and cary her home if she were found.
Tow testimonies of Marke vpon oath were presented, the
one by Henry Peirson, the other by Mr. Siluester. In that
Henry Peirson gaue in, Marke Meggs affirmes that he heard
Giles Siluester say to Thomas Cooper, that he would faine
haue him get vp the mare now the boate is here, for he knew
his brother would faine haue her, and he promised paye for his
labour, wherevpon Thomas Cooper told him he would his best
if he could git his brother or another man to assist, for he
could not doe it alone.
In that giuen in by Giles Siluester, Marke Meggs affirmes
that being aboard ye boate that Mr. Giles Siluester was in at
Northampton, and John and Thomas Cooper being there, he
heard Thomas Coopr tell Mr. Giles Siluester that his brothers
mare and colts were yn in the oxe pasture, and Giles Siluester
said, I wish I had them here, seeing we haue a boate to cary
them ouer, for my brother would very gladly haue them at
the Island, and Thomas Cooper answered, Wee will bring
them downe if my brother will help me, and Giles answered,
if they would he should be much ingaged to them. Further
this deponent saith, that being at Southampton, goodwife
Wood asked him to help downe w'h the mare and colts, he
asked what mare, she said the mae and colts that Capt.
Siluester bought of her husband, he replyed that Thomas

192 records of the [1656
Coopr and John Cooper promised Mr. Giles to bring them
downe, but goodw: Wood answered that neuer a Cooper of
them all should haue to doe with any thing she hath, for she
was to deliuer ym to Mr. Ogden.
But by the testimony of John Howell, (whom goodw:
Wood imployed w'h her owne lad to fetch this mare and
coults,) it appeares that when they vnderstood that Thomas
Cooper had order from Giles Siluester to take her vp and haue
her to him they left the buisnes.
And Isack Willman vpon oath testifyeth that he was w'h
goodw: Wood when she saw John and Thomas Coopr haltering
this mare in the pound, but she said nothing to contradict
them therein.
[126] || And Ann White, who seeing the mare fall downe
when she killed herselfe, inquired whose mare it was, and
goodwife Wood answered it was Capt. Siluesters mare wch he
bought so long agoe of her husband, sine wch she hath had
two colts, then she asked John and Thomas Cooper why they
medled w'h her, and goodw: Wood answered that they were
to haue them downe.
A deposition of Thirston Rainer, and another of Ellis Cooke
were giuen in, both affirming that the same day that the mare
that is in controversy dyed, Mr. Giles Siluester did imploye
John and Thomas Coopr to marke the two colts that were left,
and they did act accordingly, and while they were present
they marked the said colts, or at least one of them.
And Jonas Wood now being in court affirmed that the mare
y' is dead, and now in question, was the very mare wch hee
sould and intended for Capt. Siluester, and that hee had
recouered against John and Thomas Coopr in the court at
Southampton the valew of the said mare and colts, Capt.
Siluester hauing before sued & recouered the same of him in
the same court.
Giles Siluester said that these men came to him at north
sea, and said that such creatures of his brothers were in such
a place and they would bring them downe ; he answered if
they would, he would be thankfull and satisfye them, and to
cleere it deliuered in three testimonies, weh are as followeth,

1656] jurisdiction of new haven. 193
Mr. John Ogden deposeth that he told Giles Siluester that
he had spoken to goody Wood to bring the mare to north sea,
and she pmised to bring or send her theither or to Hog-neck,
and M' Giles said he would haue the boate ready at north sea
to cary her, yet he would doe nothing w'hout this depon* ; ye
next morning he meeting Mr. Giles, asked him aboute ye
mare, he said they will be here by & by, he asked who brought
her, M' Giles said Thom: Coopr & some body w'h him, he
replyed to Giles, he had done very badly and goody Wood
could not take it well that he had not spake w'h her, M' Giles
said he hoped ther would be no hurt, he replyed I cannot tell,
ther might for ought he knew, he asked Giles if he had any
Order from his brother, he said no but he hoped it would be
well enough, and hee said he had not done it but onely that
Thomas Cooper proferred to help him downe w'h them and so
he imployed ym.
Edmund Shawe, aged aboute forty seuen yeares, deposeth,
that being in company w'h Tho: Coopr, he heard him say that
he told Mr. Giles Siluester that his brothers mare is got vp in
ye ox pasture at Southampton, and that Thom: Coopr proffered
his seruice to Mr. Giles to take vp ye sd mare & bring her
downe to ye north sea, and further saith, that being one of ye
jury men at Southampton vpon ye tryall of ye said mare, w°h
mare being killed the coults were found by ye jury to belong
to Jonas Wood & not to Capt. Siluester.
John Howell & his wife testifyeth that Tho: Coopr being at
their house they heard him say that he proffered his seruice
to Mr. Giles Siluester, to cary downe his brothers mare, for he
said he would neuer goe to the deuill for a mare, he would tell
the truth, & if he did pay for a mare it should learne him more
witt then to proffer his seruice to a gentleman another time.
[127] || Wch being read, he was told that whether he or they
spake first is not much matteriall, it is cleere by the testimo
nies giuen in both by himselfe & Henry Peirson, and now also
by his owne words, that he did imploye them and promised
them paye, and therfore why he should not beare them out in
it, (vnless he can proue any miscariage on their part,) must
be considered.
Things hauing proceeded thus farr, both plant, and defendt.
were asked if they had any more to say in the case, and they
said no. Wherevpon after due consideration, the court
declared that w'h the actions that haue formerly bine in
25

194 RECORDS OF THE [1656
another court they medle not, the suit then not being betwixt
the Coopers and Mr. Siluester, but by what now appeares ye
mare and colts were Capt. Siluesters, though not formally
deliuered, and that Giles Siluester treated and agreed w'h
John and Thomas Cooper to fetch this mare and colts, and
after by his order they help to marke the colts, and he received
them and caried them to Shelter Island, and though goodwife
Wood imployed some others to fetch them, yet when they
heard that John and Thomas Cooper were imployed by Giles
Siluester, they desisted, and when she saw them halter the
mare in the pound she witnessed not against it, and after
when ye mare was dead she said it was the mare her husband
sould to Captaine Siluester, and that the Coopers were to haue
them downe.
Wherefore vpon the grounds before mentioned, the sentenc
of the court is, that Mr. Giles Siluester doe free the said John
and Thomas Cooper from the sentenc of the court at South
ampton, in that action tryed there betwixt them and Jonas
Wood concerning this mare & colts in question, and from the
execution of ye said sentenc and all damages and consequences
of the same, and that he paye the said John & Thomas Cooper
for charges they haue bine at aboute this buisnes fiue pounds,
leauing the said Mr. Giles at libbertie vpon further euidenc to
haue the case reueiwed, either here or elsewhere, or take any
other just course for his releife as he shall thinke fitt.
It is agreed that a day of thanksgiuing shall be kept through
the whole jurisdiction for the mercies of the yeare past, the
first fourth day of the weeke in the next moneth, wch will be
the 5th day of the moneth, and that that day fortnight shall
be a day of humiliation, to humble ourselues for our sinns
and prouoacations against God, and on behalfe of our native
cuntrye, wherin also is to be remembred the state of things at
Hartford, and in Plymouth colony also.
Mr. Goodanhouse propounded for a debt of thirty pound,
due to him (as he saith) out of Mr. Westerhouse estate, and
showed an account makeing the same to appeare, but the
court saw not cause to grant his desire, but they leaue it to
Newhauen court, that if they see cause to let him haue ten

1656] jurisdiction of new haven. 195
pound of that wch is in Mr. Hudsons hand, giuing securitie to
be answerable as occasion shall serue, and for ye rest that is
in Mr. Hudsons hand, they also leaue to them to issue w'h
him, both in pointe of consideration or alowanc for it while
he hath had it or shall haue it in his hand, and for securitie
for ye time to come, that the estate may the better be preserued
for the advantage of the creditors.
. It is ordered that sider shall not be sould to Indians other
wise then wine, strong water, &c, and vnder the same penaltie
if any doe.
Newhauen Indians were w'h the court and desired them to
lend them now in ye time of their feares three pound of pow
der, they were told that they must remove themselues to the
other side, where their owne land is, and not dwell here nee
the towne, where they are disorderly and giue offence, and
vpon their remoue thiether, (w°h they haue 7 or 8 dayes
libertie for,) they shall haue three pound of powder lent them.

[128] At a Gen: Court held at Newhauen for the Juris
diction, the 24th 12th M°, 1656.
Present.
Theoph: Eaton, Esqr, Gouernor. Deputies.
Mr. Stephen Goodyeere, Deput. Gou'. - Mr. Wakeman,
Francis Newman, ) M'- Gibbard.
Mr. William Leete, \ Magistrats. Robt Treate,
Mr. Benja: Fenn, ) "^ Tho: Buckingham.
Mr. Kitchell,
Mr. Chittendine.
Mr. Crane,
Sam: Swaine.
The Gouernor informed that he had received letters from
Mr. Rawson, secretarie to the Massachusets colonie, by order
of that gen: court, w'h w°h this court is to be acquainted, and
vnto wch it is necessarie they should give answer. The letters
were read, whereby it appeared that vpon the receipt of a letter
from the gen court at Connecticote, and sundrie questions

196 records of the [1656
therew'h, (a copie where-of was also sent and now read,)
¦ aboute church affaires, the gen: court in the Massachusets
haue appointed a Synod, or meeting of elders, to be in the
beginning of June next, and haue chosen twelue of the elders
of that colony, and desire this colony also to send some of
their elders to the meeting, for the resoluing of these ques
tions and what else may be propounded, all wch the court,
w'h the help of such elders as were present, did seriously con
sider of as a thing of great weight and moment, and in the
issue, considering the removeall and death of some of their
elders, saw no cause to send any of the remaining elders of
this jurisdiction, but concluded that their answer to the gen:
court of the Massachusets should be as in this ensuing letter.
Much Honnoured Gentlemen,
Wee heard of some petitions and questions, at first vnwar-
rantably procuried and presented at Connecticote, but since,
vnder the name of libertie, offensively if not mutinously pros
ecuted, and that the gen: court for that colony had desired
advice or assistanc from yorselues therein. A letter by yor
order from Mr. Rawson, dated October 22*h, 1656, informes
more pticularly ; it came to hand Nouembr fj'h, but the yeare
was then so farr spent that it seemed inconvenient to call a
gen: court ; they haue since mett and considered the contents,
and though they approve yor readines to afford help when the
case requires it, yet themselues conceive that the elders of
Connecticote colony, w'h due assistance from their court, had
bine fully sufficient to cleare and maintayne the truth and to
suppress the boldness of such petitionrs, (according to a good
president you gaue ye colonies some yeares since, in a case
not much differring,) w'hout calling a synod, or any such
meeting, wch in such times may prove dangerous to ye puritie
and peace of these churches and colonies.
We heare the petitionrs, or others closeing w'h them, are
very confident they shall obteyne great alterations, both in
ciuill gouerm' and in church discipline, and that some of them
[129] haue procured or hyred one as their || agent to main
tayne in writing, (as is conceived,) that parishes in England,
consenting to and continewing their meetings to worship God,

1656] jurisdiction of new haven. 197
are true churches, and such persons comeing ouer hether,
(w'hout holding forth any worke of faith, &c.,) haue right to
all church priveledges ; and probably they expect their deputie
should imploye himselfe and improue his interest, to spread
and press such paradoxes in the Massachusets, yea at the
synod or meeting. But though some in all the colonies
affecting such liberty may too readily hearken and comply,
yet wee hope the generall courts, who haue framed their ciuill
polity and lawes according to the rules of Gods most holy
word, and the elders and churches who haue gathered and
received their discipline out of the same holy scriptures, will
vnanimously improve their power and indeavours to preserue
the same invyolably, remembering that in Christs concernm's,
they that put their hands to ye plough and looke back will
certaynly haue cause to judg themselues ; yet considering how
soone the church of Ephesus, (much comended for her puritie
and zeale,) left and abated in her first loue, and how suddenly
those famous churches declyned, and thereby provoaked Christ
to deprive them of their church estate and priveledges, wee
haue all much cause to watch and pray that wee enter not into
temptation. The churches in this small colonie are sensible of an afflict
ing hand of God, in the remove of Mr. Whitfeld, and New
hauen ruling elder formerly, the remoue of Mr. Hooke lately,
and the death of Mr. Prudden, so that it would be very incon
venient for them, (besids Mr. Dauenports psonall vnfitnes for
so long a journey in the heate of summer,) to send or spare
any of their remaining teaching officers to a seruice like to
require much time ; but their elders haue pused the one and
twenty questions, and drawne vp their thoughts by way of
answer, wch beeing read and considered by this court, are fully
approued ; but they also offer them to yor owne and to yor
reuerend elders due consideration, beeseeching the onely wise,
holy and gracious God to bless the meeting, (w'hout whose
speciall blessing, according to ye present state & frame of
things in Connecticote colonie, w°h may soone spread further,
such a meeting, if it hold, may produce sad effects,) to guide
all consultations, and to order the success in all respects to

198 RECORDS OF THE [1656
his owne glory and his peoples good. W'h my due respects,
I rest, Yors in all seruice of loue,
Theophilus Eaton,
In the name and by order of y°
Generall Court for Newhauen colonie.
Newhauen, February 25th, 1656.
An answer to the forementioned questions, drawne vp lay
Mr. Dauenport, was read and approved by this court,- and
ordered to be sent to-ye Bay, to the said meeting.
To the law in print, concerning disturbers of the publique
peace, as in ye booke of lawes, fo: 35, this following clause is
by this court added, & is to be obserued by the whole juris
diction. And for that designes or practises tending to publique
inconuenienc and mischeife, are vsually mannaged by letters
or writings in a cunning secret way, the conspirators or actors
not thinking it safe to meete often, it shall be in the power of
the gouernor, or any magistrate, or other officer where there
is no magistrate, vpon just or probable grounds, to search or
cause to be searched any mans house, study, closset, or any
other place, for bookes, letters, wrightings, or any thing else,
to discouer and preuent such danger, and the like in case of
murder, theft, and other enormioss crimes, that wee may Hue
a quiet and peaceable life, in all godlines and honesty, wch is
the vse and end of magistracy.

[130] At a Court of Magistrats, held at Newhauen
25'h 12th M°: 1656.
Present.
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeere, Dept. Gou'.
Francis Newman, }
Mr. Benja: Fenn, [ Magistrats.
Mr. William Leete, )
John Tompson entered an action against the estate of Mr.
Jn° Roberts, which is in the hand of Mr. Wakeman, and some

16.56] jurisdiction of new haven. 199
there is at Sea-Brooke in the hand of one Westall, and some
at Roade Island, and declared, that there was a treaty of mar
riage betwixt the saide John Roberts and Ann Vicars, (who is
now wife to him the said John Tompson,) which treaty pro
ceeded to a contract, now allmost foure yeares agoe, after wch
he went to England and promised to come againe, wch he hath
not done, nor sent that they can heare of; but before he went
away, he gaue what he had in this country to Ann Vicars, his
espoused wife. Hee was asked when it was due, he said he
apprehended when she demanded it. Hee was told, for what
is in other places this court medles not, but w'h that w°h is
in this jurisdiction, and because the case concernes an absent
man, they must be the more warye and act vpon cleere proofe
in what they doe, and therfore what witnesses he hath he may
produce, wherevpon he prsented a testimoney of John Thomas,
vnder his hand, dated 5th day 10th m°: 1656, as followeth,
I, John Thomas, doe testify that Mr. Jn° Roberts told me
goeing to Millford, and at Millford, that whether he liued or
dyed, he gaue all his estate that he had in Newhauen and at
Roade Island, (in case he came no more,) to his contracted
wife. Thomas Harrison, now in court, testifyeth vpon oath, that
he heard Mr. Roberts say when he went away, that he had
given to Ann Vicars his whole estate in New-England, whether
he liued or dyed.
Anthony Elcott also vpon oath affirmeth, that he heard Mr.
Roberts say, both at water-side and aboard the vessell when
he went away, that if he proued inconstant, or whether he
lived or dyed, he gaue that he had here to Ann Vicars, and
she might goe to them, (meaning Mr. Wakeman & M' Ling,
whom he intrusted w'h his estate,) and take what she would.
The Court considered of the case propounded, and of the
seuerall testimonies as they are presented, and declared that
they finde that it depends mainly vpon his proveing inconstant
or vpon his death, and as Jn° Thomas saith, if he came not
againe, in all wch they are yet vncertaine, also they finde no
direction giuen to them intrusted, to alienate the estate from
Mr. Roberts to her, except (if need were) to supply something
for her present vse, nor can they judg it rationall that he

200 RECORDS OF THE [1656
should giue away his estate in such a manner from himselfe,
therfore the court (w*hout any prejudice to his right) must
leaue it till more full light appeare, and beside, by what some
haue said, it is questionable whether the estate here doth
belonge to Mr. Roberts, or to his mother.
Richard Baldwin informed the court, that there hath bine
some wines and liqours brought into Millford by William
[131] East, wch hath || not paide custome according to order,
for wch he was warned to answer at this court but appeared
not, the reason was giuen that because of some present weak
ness of body he is not able to come, but Mr. Fenn informed
that he hath written to Mm to acquainte the court that he
either forgott it or did not know the order, both wch cannot
be true, nor neither in case of the liqours, for he hath paide
custome for wine formerly, as John Browne and Samuell
Cooley affirme vnder their hands ; and for the liqours he was
told by Richard Baldwin, who bought some of it, that he must
paye the custome, but he refused, and that Ensigne Bryan
replyed to Rich: Baldwin, whateuer he saith he must paye it.
It was demanded how much it is he hath thus defrauded the
jurisdiction of; it was answered that they finde first, three
pipes of wine and fifteene anchors of Hqours, but they heare
of six pipes of wine more. The court considered of the case,
and because he is not here, they pass no sentenc at present,
but order that securitie be taken of him to the valew of the
goods mentioned, that so he may answer it at the next court.
Serjant Fowler also informed that James Roggers hath
brought in some liqours and not paide custome for them.
James Roggers being present was asked how much it was, he
said two or three anchors, but part of one of them is still in
his house, but was told that custome should haue bine paide
for them all; hee said also that he had informed Ensigne
Bryan, the treasurer of their towne, of them, that he might
receive the paye in accounts betwixt them, but ensigne said
he remembers it not, nor could James Roggers now say that
any such thing had bine accounted for, though sine that time
accounts haue bine made vp betwixt them, nor did produce
any other proofe to show he had either paide or so giuen it in,

1657] jurisdiction of new haven. 201
and Mr. Fenn now said, that hearing of it he told James
Roggers that he must answer for his said neglect ; but because
he might also haue liberty to cleere matters if he can, the court
at this time did not pass sentence in the case, but ordered that
James Roggers doe also giue securitie to the valew of the said
liqours, to stand to the courts sentence when it shall be
declared, the takeing of w°h securitie in both cases is referred
to Mr. Fenn.

At a Court of Magistrats held at Newhauen for the
Jurisdiction, the 25th 3d M°: 1657.
Present.
Theophilus Eaton, Esqr, Gouernor.
Mr. Stephen Goodyeare, Dept. Gou'.
Francis Newman, )
M1'. Benja: Fenn, > Magistrats.
Mr. William Leete, )
John Vffoote was called before the court, and charged w'h
comitting fornication w'h Martha Netleton, wch was his
fathers seruant, and first was read what had passed at a
former court, when his wife and he was deuourced, and he
was told that he might obserue thereby how carefull the court
was to doe nothing in that buisnes but vpon cleere ground,
w°h they had then from himself, that he was not fitt for that
relation, neither w'h that woman nor w'h any other, and
judged so himselfe y* he neuer should be fitt, wch was also
confirmed by his father. Now it is a strange thing, that after
all this he should miscary in this manner.
John Vffoote confessed that he had comitted filthyness w'h
this woman, Martha Netleton, and that she was w'h child by
him, and professed he was sorey for his sinn therein comitted
against God, but yet desires the court to consider the case,
[132] being before (though by his owne fault) || deuourced
for insufficiency, wch he hopes might in time haue appeared
otherwise, if his wife had caryed it toward him as she ought,
but now findeing the neede of that help, was by ye power of
26

202 records of the [1657
temptation and corruption in his owne heart ouercome, he
desired the court would be fauourable to him, and yt he might
haue libertie to marry this woman Martha, wch is his fathers
desire also, as Rogger Terrill who is appointed by his father
did now declare to the court, and goodman Netleton, the
father of the woman, being prsent desired ye same also.
Martha Netleton confessed that she hath comitted fornica
tion w'h John Vffoote, and is w'h child by him, wch was in
Nouembr last ; she was told there are some suspitions that she
hath caryed it ill w'h some other pson, but she denyed it and
said she is as innocent in that case as the child new-borne.
The Court hauing considered the case did declare, that as
things are now represented to them, they thinke he is not
vncapeable of marriage, howeuer things haue passed formerly,
wch they intend to inquire after. The fact now comitted they
thinke deserues corporall punishment, but considering she is
w'h child, and as they vnderstand hath fome faynting fitts and
so may be apt to receive hurt by it ; they haue considered his
case also as it hath bine presented, and by way of sentenc doe
order, that John Vffoote paye, as a fine to the jurisdiction,
tenn pound, and that Martha Netleton paye, as a fine to the
jurisdiction, five pound, and if further miscariage be proued
hereafter, they must expect to heare of it againe, and for the
marriage, the court is willing that attending the law in that
case, and proceeding in a sober way, they may marry so soone
as they shall see convenient for ym ; but she and her father
were told that they haue heard what hath passed concerning
formerly, and yet notw'hstanding by this their desire they
show that they judg him a man fitt for that relation, and
therefore how-euer things may proue, they haue no cause to
make any more questions in that case; they all declared
themselues satisfyed in that pticuler.
An inuentorie of the estate of Humphery Spinning, late of
Newhaue deceased, was presented, amount, to two hundered
and ten pound two shillings and fiue penc, taken ye 29th of
Septembr, 1656, prised by Richard Myles and Henry Rother-
ford, and by them testifyed vpon oath to be a true apprisment,
at a court held at Newhauen ye 6th of the 11th m°, 1656, and

1657] jurisdiction of new haven. 203
Humphery Spinning, kinsman to ye deceased, and Lettice and
Mary his two daughters, vpon oath affirmed that it is a true
and full inuentory according to their best light & knowledg,
onely ther is some desperate debts, aboute 71, 10s, and a house
at Oyster Bay not in ye former apprisment.
An inuentorie of the estate of Thomas Wheeler, late of
Newhauen deceased, was presented, amount, to 1961: 03: 08,
taken the second day of the 11th m°, 1656, prised by Mathew
Gilbert and John Wakeman, and by them testifyed vpon oath
to be a true apprism* according to their best light, at a court
held at Newhauen ye 6th of 11th m°, 1656, and Elizabeth
Wheeler, the widdow of ye deceased, vpon oath affirmed that
according to her best knowledg it is a full and true inuentorie
of her deceased husbands estate.
[133] || The last will and testam* of Mr. Peter Prudden, late
pastour of the church at Millford was presented, made the 26th
day of July 1656, witnessed by his owne hand, and declared
to be so in ye presenc of Timothy Baldwine, Richard Piatt and
John Browne.
An inuentorie of the estate of the said Mr. Peter Prudden
was also prsented, amount, to nine hundered twenty foure
pounds eighteene shillings & fiue pence, prised by Allexander
Bryan and James Roggers, and by them testifyed vpon oath
to be a just apprism' according to their best light, at a court
at Milford ye 4th of Decembr, 1656, and Mris. Joanna Prudden,
ye widdow and executrixe of ye deceased, vpon oath affirmed
that it is a full and true inuentorie according to her best
knowledg, except some reckonings betwixt the towne of Mil
ford and she, that at present could not be cleered. This
inuentorie was taken 2d Septem: 1656.
An inuentorie of the estate of Rogger Williams, who liued
at Milford, was prsented, amounting to 29': 05: 00d, and
therin attested by the secret:, that at a court held at Milford
ye 2d of Septem: 1656, Allexander Bryan and Richard Bryan
affirmed vpon oath that this is a true copie, taken out of ye
originall and that ye originall inuentorie was valewed justly to
• the best light of the apprissers, witness Allexander Bryan,
Robert Treat.

204 records of. the [1657
From Stamford was p^ented the last will and testament of
Robert Hussted senior, made the 8'h day of July, 1652, wch is
confirmed by his owne seale, and witnessed by Richard Crabb
and William Newman; legally proued at Stamford 4th Nouem'
1654. The last will and testament of Elizabeth Hustis, late of
Stamford deceased, was presented, made the 16th of .October,
1654, confirmed by the marke of her owne hand, witnessed
by Richard Mills and Jeremiah Jagger, legally proued at a
court at Stamford ye 20th Nouembr, 1654.
An inuentorie of the estate of John Chapman, late of Stam
ford deceased, was presented, taken ye S0'h January, 1655,
amount, to 2701 : 17s : 08d, prised by Richard Law and Francis
Bell vpon oath, as is therin certifyed.
An inuentorie of the estate of Robert Rugg, late of Stam
ford deceased, was presented, taken ye 29th January, 1655,
amount to 801: 06: 02d, prised by Richard Law and Francis
Bell vpon 'oath, as is therein certifyed.
Some differenc betwixt James Mills, M' Goodyeare, Mr.
Allerton and Mr. Larebee, was presented to the court, but
after by consent w'hdrawne and referred to a private deter
mination.
Edward Jessup, plant'. \ Edward Jessup declared that Rich-
Richard Crabb, defendf. ) ard Crabb hath taken vp a mare
of his wch had bine marked w'h his marke two or three yeare,
and hath added another marke, and hath giuen away pt of the
said mare to Abraham Frost to recouer the other part.
Abraham Frost, atturney for Richard Crab, owned the
takeing vp the mare, and being in question was advised to giue
her some other marke, wch they did by cutting her tayle, and
at first he denyed that he had one pt to recouer the other, but
that it was freely giuen him ; he was told it is true he was
advised by the constables at Stamford to giue her some by-
marke,,as cutting a few haires or the like, but he had cut the
tayle quite off, wch they neuer intended, and that is the worss
because it is the marke that Rich: Crab giues his other horses.
Both pties were told that the court can doe nothing in this
case but vpon proofe, and therefore if they haue any evidenc

1657] jurisdiction of new haven. 205
they may produce it. That the mare was taken vp by Richard
Crab or his agent and thus marked is confessed, and seuerall
[134] || testimonies were presented by Edwa: Jessup in wri
ting, wch makes it probable that the mare might be his, and
that Abraham Frost was to haue a pt of ye mare and increase,
to recouer ye other pt for Richard Crab.
Abraham Frost also prsented one testimoney wch saith this
mare was like goodman Crabs, and another that saith it was
like ye mare that goodman Crab discribed to him to be his.
But more fully to cleere the buisnes Edward Jessup brought
Joseph Mead of Stamford, (who was his agent and imployed
by him and did marke this mare for him,) as his witnes, who
did now in court affirme vpon oath, that when Edward Jessup
and his mother widdow Whitmore went from Stamford to live
elswhere, they left two mares at Stamford and desired him to
take care of them, and he did vse what care he could in it, and
these two mares and their increase he obserued from time to
time, yeare after yeare, haueing many occasions to goe into the
woods, and this pticuler mare now in differenc she did keepe
w'h the other colt that was a companion w'h her seuerall
.yeares, they two being together he obserued them when they
were sucking colts and also before they were a yeare old, and
seuerall times in the yeare, and obserued how the cullour went
on, and can safely say that this mare, w'hout any question or
scruple in his conscienc, is Edward Jessups.
Further to strengthen this testimoney it was affirmed now
in court by some of Stamford, and some testimonies in writing
were showed to that purpose, that Joseph, Mead is a man well
experienced in the knowledg of most mens horses aboute
Stamford, and is much imployed by others to looke vp horses
for them, and is judged to be one of the ablest in towne for
that purpose.
Abraham Frost said that when Joseph Mead marked this
mare for -Edward Jessup, he was wished by the constables at
Stamford not to doe it, and the constables now said that they
wished him to forbeare at present.
Both pties hauing spoken what they would in the case, the
court declared, that they haue considered the case as it is pre-

206 RECORDS OF THE [1657
sented, and according to their best light this mare in question
seems to be Edward Jessups, but because it is but one witnes
that speakes- punctially to it, and that there is possibiUitie of
mistake & the mare was marked by Joseph Mead against
advice, therefore, if w'hin a yeares time Richard Crab or any
other bring in better evidenc, they shall be heard and the case
againe considered, notw'hstanding what is now done, and that
Richard Crab paye Edwa: Jessup for charges forty shillings,
but if Edwa: Jessup shall w'hin the yeare before mentioned
remove the mare out of this jurisdiction, he shall put in stand
ing securitie to the full valew of the said mare, to be answera
ble for the same if better proofe be made and to paye back the
forty shillings againe wch he received for charges also.
The buisnes concerning William East, aboute- the custome
of wines and strong liqours, w°h was in question the last court
of magistrats, was now againe spoken to, and Richard Bald
win further informed that he had told Mr. Fenn thereof before
any account was giuen in or taken, w°h was at goodman
[135] Fletchers || house, as Richard Bryan and Joseph
Waters now affirmed, and Mr. Fenn denyed not, w°h informa
tion he thought himselfe bound by the law t6 giue in, and
therefore expects the benifit of the law thereby. The quan
titie is still found to be the same as was before spoken of, that
is, fifteene anchors of liqours and three pipes of wine and six
pipes of wine, nine in all, onely it was now said, and Samuell
Cooley affirmed, that some of that wine was neuer landed at
Milford, but drawne out aboard ye vessell into smaller caske
and sent to Vergenia. William East was not present, but
Edward Camp on his behalfe said that at that time no body
was appointed at Milford to receive the customs, and none
called for it and he forgot. He was told his saying he forgot
excuseth him not, and if none were appointed he should haue
gone to the magistrate or treasurer and informed and made
entry, wch might haue showed he intended not to defraude,
and he cannot plead ignoranc because himselfe hath saide
that he hath formerly bine carefull to paye customs, wch
implyes that he was not so carefull now. The buisnes being
thus farr debated, was left at present and no sentenc con
cluded therein.

1657] JURISDICTION OF NEW HAVEN. 207
The like case concerning James Roggers, in question at the
same time, was now called vpon, but none was here to answer,
and Mr. Fenn informed that there is tenn or twelue pound in
Ensigne Bryans hand, w°h is securitie for him till it may
appeare what the sentence of the court is, wch will also be
lyable to answer the same.
Some question concerning Henry Tomlinson w°h did keepe
the ordinarie at Milford, aboute his not giueing in a just
account for wine and stronge liqour he hath drawne, w°h was
vnder consideration by the court of magistrats in June last,
was now further inquired into, and Mr. Fenn who was then
' desired by the court to looke after that buisnes, presented an
ace0' farr exceeding what the said Hen: Tomlinson had giuen
in, w°h was then but eight anchors, but now by the account
ther appeares to be thirty one anchors & a halfe of liqours, ye
8 anchors giuen in before included, and foure pipes & one
quarter of sack, and seuen hogsheads of white wine and claret,
part of wch it seemes he hath since owned to be due from him
because he hath paide to the treasurer, as he hath giuen it
vnder his hand, twelue pound for excise of wine and liqours,
but the whole some of the quantitie before mentioned, at 6s 8d
an anchor for liqours, and forty shillings a pipe for wine, is
twenty six pound, beside the forfeiture according to the law,
seeing he gaue it not in according to order, and had it not
bine inquired after, it is likely the jurisdiction had bine
defrauded of it. Henry Tomlinson said that after he was gone
from Milford, he desired Mr. Bryan to paye it, and left estate
in his hand to doe it, and 12] was pd and he thought it had
satisfyed. He was asked if he gaue the account in vncalled
for, or rather when he heard it would be questioned and saw
the danger like to come then gaue it in ; he said he remembers
not "that any spake to him aboute it, but Mr. Fenn said that
Ensigne Bryan told him that Tomlinson gaue in no account
to him, nor any ordr to paye the forementioned some, but he
ventured to paye it and questioned not but he would paye him
againe. Tomlinson said that Ensign Bryan could cleere it,
and therevpon was told, that seeing ensigne is not here, the
court will respite the sentence, prouided that he put in securitie

208 RECORDS OF THE [1657
to attend this court vpon due warning to answer this matter
in question, w°h he said he would indeauour to doe, and Jere
miah Osborne now before the court ingageth himselfe and
estate to the valew of fifty pound, that Hen: Tomlinson vpon
due notice giuen shall attend this court to answer in this case
vnder consideration.
Thomas Hopewell, an Indian that inhabits at Brandford,
was complained of for giueing rayling, threatening words to
[136] seuerall psons, as John || Whitehead, Francis Bradley,
Samuell Ward, Josias Ward, and goodwife Williams and her
sonn, saying he would knock some of them ith' head, stab
some of them at the heart, meete w'h them in the woods, or
one time or other, and then let them looke to it, he hath also
accused to goodw: Williams, Francis Bradely for being naught
w'h his wife, and after denyed it againe, but being examined
and seuerall writings read by way of testimoney, witnessing his
miscariages, he could show no just cause for such words or
cariage, but said he had no witnes here to cleere him, where
vpon he had libertie to send for them, and he was told vpon
securitie he might haue his libertie, but fayling of that he was
comitted to prison in the meane time. After a conuenient
season of wayting he was called before the court againe, but
no witness appeared to cleere him, onely he accused the wife
of Richard Harrison for giueing him some ill words, w°h he
requited w'h worss, both which the court witnessed against,
and told him that if he can cleere himselfe of all or any of
these charges he hath libertie, at last he confessed that he had
done fooleishly and said he was faulty in the pticulers men
tioned, and promised amendment, wherevpon Mr. Crane, John
Whitehead, Fran. Bradley and Richard Harrison, who were
present, declared themselues satisfyed so farr as to make a
tryall for a time, and the court told Thomas the Indian, that
the miscariages are very great and such as may not be borne,
and had it bine an English-man he would haue bine witnessed
against in another manner, but vpon his confession and promise
to walke inoffensively hereafter, the court will spare him and
also make a tryall for this time, and so vpon his payeing his

1657] JURISDICTION OF NEW HAVEN. 209
fees for imprisonment, & otlier charges if it be required, he
may haue his libertie.
John Beard and his wife Hannah, w°h was formerly the
wife of John Vffoote, was called before the court, and she was
told that the court hath heard sunderie reports of her ill
cariage, w'h w°h they are much vnsatisfyed, and pticulerly
that she did not cary herselfe as a wife towards Jn° Vffoote
when she stood in that relation to him, but hath w'hdrawne
that loue and respect wch she ought to haue showed, and hath
showed more familiaritie and content in ye company of others
then was meete and comely for one in that relation. It is
reported that vpon marriage day to Jn° Vffoote, she should
say that she was resolued to keepe herselfe a maide for one
yeare, and there be more then one that say that John Woods
reported this, that his wife then liuing at Milford heard her
say so. Hannah Beard said that she remembers it not.
John Vffoote who in this case complained as haueing bin
wronged by her, presented. some testimonies to the court, wch
were read, wherein Mris. Ferman, Elizabeth Hinde ye wife of
Tho: Hinde, and Isabell Langden the wife of Tho: Langden,
doe joyntly and seuerally affirme that they heard goodwife
Beard say when she was Jn° Vffoots wife, when a fast was
kept at old Vffoots house, I did not fast, but filled my belly as
full as I could, and when they prayde one way I prayde^ another
way. This Hannah Beard acknowledged was true, and said
it was her great sinn for wch she is sorey ; she was told it is a
high pvokation of God, and that wch sheweth a prophane
spirit in her, beside the discouery of her spirit in refferrenc to
John Vffoote who was then her husband. This fast was kept
[137] to seeke God to fitt him for his duty toward her, || but
it seemes she had no desire that should be obtayned, but rather
that he might continew vnable still, (if it were so,) that she
might thereby wringe herself from him, for when they prayd
God to fitt him, she praide otherwise.
Thomas Hinde, his wife, and goodw: Langden doe testifye
they heard the said Hannah Beard say, that if she was pted
from John Vffoote, she would quickly be married againe, and
also that they heard her say at another time, when she was
27

210 RECORDS OF THE [1657
Jn° Vffoots wife, that John Vffoote was a foole and she could
make him say what she listed. These things were fully
proued, and she denyed them not, and was told that the car
riages doe show that she had no wife like affection to John
Vffoote, wch might make him say as he did ; and John Vffoote
now said that she told him if he would confesse himselfe
insufficient, she would Hue w'h him halfe a yeare longer, and
in that time he hoped it might appeare otherwise, whereby he
was drawne to say as he did, but it was his great sinn, but ye
said Hannah denyed that euer she said so to him. Another
writeing from M"s. Ferman was read, wherein it is testifyed
that she heard goodw: Beard say, when she was John Vffoots
wife, that it is a pittious case that she must Hue w'h one that
she did neuer loue. The court told her that they haue heard
of some vnsuitable carriage w'h other men, and in pticuler one
that Mr. Hudson can speake to, who was called, and affirmed
that while this woman was Jn° Vffoots wife, he being occasion
ally at Milford in the winter time, some snow being newly
fallen, and he not very well, wanted a horss to come home, he
mett w'h a sea-man, whose name he desirs to conceale, that
told him that he could help him to one, and he had him to
John Vffoots ; they went into the house and this young man
asked for his wife, he said she was not at home, she was gone
to Newhaven, they sat downe a while and tooke a pipe of
tobaco, and in that time she came home and there was such
mutuall familiaritie betwixt this sea-man and her as he thought
was vnseemely and he was troubled at it ; the man was knowne
to be loose and vayne in his life and conversation, and his
cariage a greife to his relations, but she called him brother,
and he called her sister, and there was some whispering
betwixt them, holding their faces neere together, manyfesting
much intimacy, and when they were come forth he asked him
how they came so familiar, he said he vsed to frequent the
house, but the magistrate heard of it and threatened him, and
then he durst goe no more, but then they improued ye night
season, and went into the meeting house and discoursed
together. Goodw: Beard was asked what she said to this, she
owned what was said was true, onely that aboute the meeting

1657] JURISDICTION OF- NEW HAVEN. 211
house she denyed, but said that the generallitie of her carriage
hath bine vnsuitable for a wife, yet she had bine no hinderanc
to him in way of conjugall duty, wherevpon some other testi
monies were read, formerly taken by Capt. Astwood, brought
then to cleere his sufficiency and her refusaU, for ye first Obed
Soward, Francis French and some other affirme, the pticulers
whereof modesty suffers not to mention, but ye summ is that
it showes an appearanc of his sufficiency before marriage, for
the second, viz', her refusall, Thom: Langden vpon oath
affirmeth, that lying at goodman Vffoots one night in the
chamber ouer ye roome where Jn° Vffoote & his wife lay, he
heard them discourse together and heard her say, if he would
not let her alone, she would goe out of ye bed and lye in ye
floore, after he spake to her of it, she owned ye words, but
gaue this as the reason, that her husband would not let her
[138] haue any cloathes to couer || her. This was the night
after the day of humiliation had bine at goodman Vffoots.
Edward Camp now in court affirmed, that he lay one night
at goodman Vffoots, in the chamber ouer the roome where
John Vffoote and his wife lay, and when they were in bed he
heard say plainely, stand away, let me alone ; some body laye
w'h him whom he asked the reason of this disturbanc, and he
said alass that was nothing to what they sometime haue.
Mr. Fenn said that he hath heard that sometime ther hath
bine such disturbance as the old man hath bine faine to rise
out of his bed and call to ym, and wish his daughter to attend
advice. Goodwife Beard was told that these things doe make it prob
able that she hath willfully refused to doe her duty to her hus
band, but she would not owne it. Mr. Hawley, brother to ye
said Hannah Beard, now informed the court, that M"s. Ast
wood told him, that her husband Capt. Astwood told her, that
Jn° Vffoote hath said ther was no blame one her part; wch is
no maruell if he should, seeing she hath said he was a foole
and she could make him say what she lists.
Richard Baldwine, being desired by her and her brother,
had libertie to speake, and informed that she yeilds herselfe
guilty of much euill and of many vnworthey and vnsuitable

212 RECORDS OF THE [1657
cariages for one in such estate as she was, (and feares she may
be culpable of punishm' thereby,) specially before the courts
counsell to her, but after she yeilded her-selfe and sought help
from him, but Rogger Terrill who spake for old Vffoote said
that the night after the courts admonition, she refused and run
out of bed. Mr. Fenn said old goodman Vffoote spake to the
same purpose, and Thomas Langdens testimony lookes that
way, being the night after ye humiliation, and for her seeke-
ing help of him, Jn° Vffoote saith that one time she spake
something that way, but it was in scorne.
The Court hauing heard these seuerall passages, tooke the
matter into serious consideration, and doe conceiue that the
former deuource, in respect of them wch procuried it, seemes
to be a horrible sinn, and goodwife Beard hath cause to lay it
sadly to heart, for the scope of the proofe seemes to runn that
way as if she did refuse her duty and befooled him and drawne
him to say what she listed, to force herselfe out of his hand.
And were the thing fully proued, it could be no less then
death, for he that puts away his wife, except it be for fornica
tion, and marries another, comitts adultery, and the same law
is in case of ye woman. But vpon the proofe as it is, the
court doth judg that it deserues to be punished both w'h fine
and corporall punishment, but considering of Hannah Beard
as a wife and subject to some weakness, w°h the court would
not increase, therfore they shall pass it w'h a fine, and seeing
she did receive of Jn° Vffoote formerly thirty pound for wrong
done by him to her, wch now appeares otherwise, that she
therfore repaye him that thirty pound back againe, and for
the charge and trouble the jurisdiction hath bine at in this
buisnes, that she pay ten pound as a fine to ye jurisdiction, and
that she make a full acknowledgm', both here and at Milford,
of her miscariages as it hath now appeared, and if after any
further fact be proued, the court must take the matter into
consideration againe and possibly come to another sentence.
Goody Beard now before the court and many witnesses owned
her sinn and acknowledged herselfe guilty of these miscariages
as hath bine related.
[189]. || Mr. Hudson informed the court that vpon some

1657] JURISDICTION OF NEW HAVEN. 213
damages suffered by John Charles in his boate, Henry Glouer
& himselfe attached some goods of the said Charles his, in ye
hand of John Youngs of Southhold, w°h is now brought to
New-hauen, wch is as is found vpon tryall, eight pound ten
shillings two pence in wampom, and 5 yards f of trucking
cloth, course and braided, wch he desires they may haue order
to dispose of; wherevpon the court ordered that vpon their
putting in securitie, that if Jn° Charles or any for him appeare
and show cause to the contrary they will be answerable for
it, they may haue it, wch securitie he promised should be
giuen in.

At a Court of Elections held at Newhauen for the
Jurisdiction, ye 27th of Ye 3d M°, 1657.
Theophilus Eaton, Esqr, chosen Gouernor.
Mr. Stephen Goodyeare, is cho: Dept: Gouernor.
Francis Newman, 1
Mr. Benjamin Fenn, > cho: Magistrats.
Mr. William Leete, )
The Gouernor and Mr. Leete are chosen Comissionrs,*Fran-
cis Newman a 3d man, in case any of the other should be
hindered by Gods prouidenc.
Frances Newman chosen Secretarie.
Mr. Wakeman chosen Treasurer.
Thomas Kimberley chosen Marshall.

At a Generall Court held at Newhauen for yc Juris
diction, THE 27th OF THE THIRD MONETH, 1657.
• Present.
Magistrats. Deputies.
The Gouernor, Mr. Wakeman, ) nvT„„,
Mr. Goodyeare, Mr. Gibbard, [Newhauen.
Francis Newman, Thomas Welch, ) M.lf ,
M'. Leete, William Fowler, j iVLUtorcl- _
Mr. Fenn,

214 RECORDS OF THE [1657
Mr. Chittendine j Guilford .
George Hubbard, )
Richard Law, ) f StamforcL
Fran: Bell, )
Leiutt Bud, onely for Southold.
Mr. Crane, 1 -n jr j
Leiutent Swaine, [ Brandford-
A question was brought before the court concerning some
fence in differenc betwixt Thomas Buckingham and widdow
Plum of Milford, aboute their home lotts, w°h was debated
and in the issue Thomas Buckingham declared y' he would
maintayne halfe the fenc in that line betwixt their lotts, be it
more or less, and for the outside fenc, he will make and main
tayne it so farr as he sees it may be for his conveniency, and
Richard Baldwin, who appeared for his sister ye widdow Plum,
[140] promised that what || old fence were of hers on the out
side should not be taken away, but she was to be at no further
charge aboute it for the future, w'h wch agreem' the court
were satisfyed and desired them to Hue in peace and loue, as
neighbours ought to doe.
It was propounded that the price of strong water might be
raised to foure shillings a quart, because those that drawe it
complaine that they cannot make themselues moderate gain
ers at 3s 6d, there beeing not much aboue eight gallons to be
drawne out of an anchor, wch costs them sometime fiue pound.
The court considered of what was propounded, but saw no
cause to alter or raise the price, but did now order, that if any
man shall sell any caske of liqours in this jurisdiction for an
anchor wch conteynes less then tenn gallons, be shall paye
double the valew of whatsoeuer is wanting, wch shall goe to
him that should haue bine deceived thereby. And for small
measures, as quarters of pints, if they wch are alowed to drawe
doe sell that after the rate of foure shill a quart it shall be
accounted no offence, because by drawing such small quanti
ties there is much wast.
Richard Baldwin propounded that he might hire of the
jurisdiction the customs and excise of such wines and strong
liqours as he should drawe and sell by re tayle, and offered
fiue pound a yeare for it, but the court told him that they

1657] JURISDICTION OF NEW HAVEN. 215
should not let it so, for it came to neere fifteene pound last
yeare, but if he thought good to giue ten pound for this yeare
ensuing he should haue it, w°h he tooke time to consider of
and then returned answer that he would so take it.
A complainte was brought from Stamford of the excessive
price of shooes and boots there, and some instances were giuen,
as six shillings for a paire of shooes of the tenns, and thirty
shillings for a paire of bootes, as good as wch may be bought
here for twenty shillings, wch the court thought was great
oppression and that some course should be taken aboute it ; and
therfore did now order, that those shooemakers be informed
that if betwixt this and ye court of magistrats in October next
they doe not giue satisfaction for what they haue done amiss
ye time past, and reforme for time to- come, that then they
attend the sd court, and come prepared to answer their mis
cariages herein, and that those offended or wronged in ye
towne, &c. come prepared to charge and proue.
Old Mr. Swaine, Mr. Crane, Samuell Swaine and Lawranc
Ward were chosen deputies for Brandford for the yeare ensu
ing, and haue ye same power comitted to them as they had ye
last yeare.
Richard Law, John Waterbery and George Slawson were
chosen deputies for Stamford for the yeare ensuing, and haue
ye same power as the deputies there had formerly, as expressed
May 54, fo: 62.
Mr. William Wells and Leiutennant Jn° Bud were chosen
constables for Southold for the yeare ensuing, and haue the
same power as the constables there had the last yeare.
And for the ease of the deputies and constables at Stam
ford and Southold, it is ordered, that a marshall be chosen in
each towne from yeare to yeare, to be helpfull to such officers
in such worke as is suitable to him, in wch choise the court
adviseth that things be so caried as one man may not be allway
burdened and others freed, vnless the towne shall see cause to
giue them a just alowanc for the same, and if any man so
chosen shall refuse to execute ye said marshall place, he shall
paye such fine as this gen: court shall see cause.
[141] || The deputies of Stamford presented a papr to the

216 RECORDS OF THE [1657
court, wherein is declared the ingagment of the inhabitants of
Greenwich to submitt to this jurisdiction, wch is as followeth,
At Greenwich ye 6th of October, 1656.
Wee the inhabitants of Greenwich whose names are vnder
written, doe from this day forward freely yeild ourselues, place
and estate, to the gouerment of Newhauen, subjecting our
selues to the order and dispose of that generall court, both in
respect of relation & gouerment, promising to yeild due sub
jection vnto the lawfull authoritie and wholesome lawes of the
jurisdiction aforesaid, to witt of Newhauen, &c.
Angell Husted, Peter Ferris,
Lawranc Turner, Joseph Ferris,
John Austin, Jonathan Reanolds,
Richard Crab, Hanc Peterson,
Thomas Steedwell, Henry Nicholson,
Henry Accorley, Jan, a Duchman, comonly called Varllier.
And they are to fall in w'h Stamford, and be acc°ted a part
thereof, and from ye time of their submission they are freed
from rates for one whole yeare.
A petition was presented from Jeremiah Jagger of Stamford,
wherein he desires the court to release him of his bond wherin
he stands bound to the jurisdiction for his good behauiour,
and to remitt his fine then laid vpon him (as himselfe confes
seth) justly for his miscariage. The court considered ye
motion and vpon inquirie vnderstood from the deputies of
Stamford that his cariage hath bine orderly and to their satis
faction, wherevpon the court did release him from his said
bond, but for his fine they shall at present forbeare it, but not
wholey take it off.
Abraham Frost, who at present Hues aboute Stamford or
Greenwich, presented a petition to the court desiring some
releife from them because he is very poore, haueing lost all
by the Indians aboute a yeare and a halfe agoe, his wife and
chilldren taken captives but after brought to this jurisdiction,
where they haue lived sine in a poore and meane way. The
court considered the case and ordered that ten bushell of
Indian corne, or the valew thereof in other corne, be pd to
him from Stamford, wch to be alowed them in their rates.
Wheras it is expressed in the law that forty shiUings a but
or pipe shall be paide to the jurisdiction for all wines retayled,

1657] JURISDICTION OF NEW HAVEN. 217
the court thinkes that French wines should paye a less quan
titie, and therfore did now order, that but ten shiUmgs a hogs
head shall be paide for all French wines retayled, and so for
greater or lesser quantities in proportion.
It is ordered that those that are appointed in each towne to
receive the custom and excise of wines and strong liqours,
shall haue 12d for euery twenty shillings wch they receive and
pay to the jurisdiction, for their care and paines therin.
From Stamford it was informed that it is very inconvenient
for them to be tyed to appeare at this court of magistrats in
May, vpon the second day by one aclock, and therfore the
desire that the appearance of any from their towne, when they
haue occasion, may be vpon the third day at one aclock, weh
was granted.
The conclusions of the comissionrs, at their last meeting
at Plymouth, were now read, wherein sundrie things are
[142] comended to || be considered by this court, weh accord
ingly were done, and therevpon the court haue agreed to
desire Mr. Dauenport, Mr. Higginson and Mr. Peirson, to
gather vp the most emarkeable passages of Gods prouidenc
wch hath bine obseruable in these parts since their first begin-
ings, w°h may be a help toward the compyling of a history of
the gracious prouidences of God to New-England, wch the
comissionrs desire may be attended to.
It is ordered that no Quaker, Ranter, or other Herritick of
that nature, be suffered to come into, nor abide in this juris
diction, and if any such rise vp amonge ourselues that they be
speedily suppressed and securied, for the better prevention of
such dangerous errours.
It is ordered that no horss, mare, or any of that kinde, be
sould to any Indian or Indians, nor any boats or vessels, can-
nooes excepted, or any tackleing belonging to, or suitable for
the same, vnder the penaltie (in both cases) of fiue times the
valew of what shall be so sould.
It is ordered that if any sea-man, or other, bring any pson
into any towne or plantation in this jurisdiction, w'hout leaue,
and that the place accepts not of them to inhabite there, they
28

218 RECORDS OF THE [1657
shall be forced to cary them away againe, that the plantation
be not troubled or charged w'h them.
Leiutennant Bud informed that there are some poore people,
aboute twelue in number, come into their plantation from ye
Island, where they haue suffered much hardship, and -they
cary it orderly and well, but are in great want, their towne
hath bine at some charge w'h them and doe desire the juris
diction to be helpfull to them in this time of their neede.
The court considered of it and ordered that fiue pound be
alowed to them in corne or otherwise, as may suit their neede,
to be pd by Southold and set of in their rates.
According to an order formerly made, it is now againe
agreed and desired, that the accounts of the jurisdiction may
be kept vpon record, in a booke for that purpose, and that the ,
entry may begine in ye yeare 1652, and so forward from yeare
to yeare, for wch a just ecompenc shall be alowed to ye secre
tary or any other imployed to doe the worke.*
A petition from Jn° Mead was presented, desiring the court
to remitt the fine of tenn pound laid vpon him for his mis
cariage last yeare. Also a petition from William Mead, on
behalfe of John Richardson, that a fine of ten pound laide
vpon him for his wiues miscariages may be abated. The court
considered of both, and agreed that halfe of each shall be
abated, prouided that the other halfe be forthw'h paide, other
wise the court will consider of it againe.
What conclusions of the comissionrs are yet to be recorded
shall be entred in one of ye new bookes that came last yeare
from England.
It was inquired how the order made last yeare aboute
horsses for troopers, and doggs, and prouissions for the milli
tary company haue bine attended in each towne, but all the
plantations were found defective except New-hauen and Mil-
* The accounts of the jurisdiction, " as they were giuen hi by Francis Newman,
treasurer, from y latter end of the 3d m», 1652, till y beginning of the 4"' m°, 1653,"
are recorded in a thin, parchment covered volume, which also contains other records
of various dates and of a very miscellaneous character, among others the " deeds &
other writings recorded at the desire of Mrs. Bathshua Davids, [Dixwell,] & the
allowance of the county court." It is believed that these are all the jurisdiction
accounts now extant.

1657] JURISDICTION OF NEW HAVEN. 219
ford, wherevpon they declared that they thought it just that
the fine of fiue pound ordered in that case should be paide by
euery plantation y' hath not attended order therein, but no
vote could be obtayned in the case.
[143] || That order in the printed booke of lawes concerning
the proportion of bullits or shott wch euery souldior' should be
furnished w'h, was thought defective, and therefore whereas
mention is made of 24 bullits fitt for the gunn, the court
declared that where their shott is in bullits, if it be not muskit
bullits but their gunn smaller and. bullits suitable, then they
shall haue the weight of foure and twenty muskits bullits in
the same.
In the law concerning farmes, it is expressed that all farmers
that Hue aboue two myle from the towne shall the freed from
trayning, except twice a yeare ; the court now orders that one
man in each farme be freed, but the rest to trayne as others
doe, and they also that are so freed to trayne twice a yeare at
such time as ye millitarie officers shall appointe, but all of
them to be furnished w*h compleate armes, por, &c.
The Court vnderstanding that some Indians haue got sider
and made themselues drunke w*h the same, did order that no
sider be sould to any Indian, otherwise then strong liqours
may be sold, & vnder ye same penaltie.
Concerning some farmes neere Southold, at a place called
Hashamamock, aboute whome Barnabas Horton, one of ye
constables last yeare, hath written to know whether they be of
ye jurisdiction or no, the court declared that they that liued
ther formerly submitted themselues to ye jurisdiction and
they desire these may also, and be as a pt of Southold, and
attend orders, and receiue ptection as other planters doe, but
if termes are to be propounded, as Leiutent. Bud informed,
then those conditions must be vnderstood before an answer
can be fully giuen.
It was propounded that the court would thinke of some way
to further the setting vp of schooles, for the education of youth
in each plantation, for though some doe take care that way,
yet some others neglect it, wch the court tooke into considera
tion, and seeing that Newhauen hath pvided that a schoole

220 RECORDS OF THE [1657
master be maintayned at the townes charge, and Milford hath
made prouission in a comfortable way, they desire ye other
townes would follow their example, and therfore did now
order, that in euery plantation where a schoole is not allready
set vp and maintayned, forthw'h indeauours shall be vsed that
a schoole master be procuried that may attend that worke,
and what sallary shall be alowed vnto such schoole-master for
his paines, one third part shall be pd by the towne in generall
as other rates, the good education of chilldren being"of pub
lique concernm', and the other two thirds by them who haue
the benifite thereof by ye teaching of their chilldren.
The charge of three men imprisoned last yeare vpon suspi
tion of stealing some wampom from Barnabas Horton, w°h
came to fifteene shillings, is to be pd to the marshall by the
treasurer, and ye same is to be received againe of Major Masson
in account, who was written too to stopp so much of their
wages, wch was due to them for their seruice w*h Capt. Youngs
in the colonies occasions.
*. It is ordered that all rates and fines and other accounts due
from each plantation be made vp euery yeare before the court
of election, that so the treasurer may haue time before ye gen:
court sitts to make vp his accounts fitt to be audited by the
deputies. The Court was informed that the stock of por for the juris
diction is verey short and had need to be supplyed, wherfore
it is now ordered that the barrell of por oweing by Mr. Good
yeare be called for speedily, and that the treasurer vse the
best meanes he can by the first opprtunitie to procure two
barrells more.
It was propounded from Milford that the court would take
[144] some || course that the keepeing of such multitude of
hoggs may be prevented, but at present nothing concluded
in it.
Some lead in the hand of one a at Milford was to be
bought, if it may be had at a moderate price, for the jurisdic
tion, if not, he may sell it as he can, but not to cary it forth
of ye colony.
It is ordered that a rate of two hundered pound shall be

1657] JURISDICTION OF NEW HAVEN. 221
leuyed from the seuerall plantations in this jurisdiction, in
due and equall proportions, according to their estates, w°h is
to be paide to the treasurer at Newhauen, the one halfe by the
beginning of October next, and the other halfe by the latter
end of March following, halfe of it in money, or beauour at
currant price, or in good merchantable corne, wch is to be
wheat and pease, or a third wheat, a third rie and a third
pease, at fiue shillings p bushel wheat, and foure shillings p
bushel pease and rie, and the other halfe in corne or flesh, as
ordered last yeare, or other paye as may satisfye the treasurer
and answer the jurisdictions occasions. And whereas objec
tion is made by some that corne at this price is too deare, the
court agreed to leaue it w*h the treasurer, that where he sees
cause to abate, and so necessarie loss comes, he may put it to
account and it shall be alowed. The proportion of each plan
tation is as followeth, From Newhauen — 72: 16-09.
From Milford —45: 12: 04.
From Guilford —27: 05-07.
From Stamford — 24 - 02 - 07.
From Southold, —15-13-11.
From Brandford,— 14-08-10.

200 oo - oo;
What sallaries were giuen to the gouernor, secretarie and
marshall the last yeare is to be pd to them this ensuing yeare
also. The buisnes concerning Paugaset, wch hath formerly bine
vnder consideration, was now againe reviued, and Richard
Baldwin informed that those wch haue interest in Paugaset
haue propounded some termes to Milford vpon wch they
would willingly submitt themselues to the jurisdiction and be
as a part of Milford, at least till it is thought fitt that they
should be a village of themselues, but they haue not bine
accepted. The court desired to know what those conditions
were, wch he gaue in writing, wch the court considered of,
and thought them reasonable, w*h something added wch they
acquainted him w*h, and to wch for himselfe and the*rest he

222 RECORDS OF THE [1657
consented, and therfore vpon the termes hereafter expressed,
they desire Milford and they may joyne in a loueing way, but
if Milford refuse, it is like Newhaven will accept them.
1. First, that they haue libertie to buy the Indians land
behinde them that is ouer Naugatuck Riuer and not toward
Newhauen bounds, and also aboue them northward vp into the
cuntry e.
2. Secondly, that according to the number of psons ther
interessed, they shall beare their equall share of men which
shall be pressed to any publique seruice.
3. Thirdly, that they be free from all such rates w°h pticu-
lerly concerne the towne of Milford, payeing the jurisdiction
rates, and to the maintaynanc of the ministrie at Milford so
long as they injoye the same, and a share toward the magis
trate when Milford shall agree vpon any alowanc to that end,
and their part of common charges aboute the meeting house
[145] for the future while || they stand a pt of Milford, and
to beare their share toward the killing of woulues and foxes,
and if there be any other questions hereafter wch is not now
thought of and determined, it shall be considered and issued
by this generall court, as also how long they shall continew a
pt of Milford or Newhaven, and when it is fitt they should be
a village of themselues.
The bounds of their land w*h refferenc to Milford is agreed,
that toward Milford, betwixt their purchase and a brooke now
called Steepe-hill brooke, running into Paugaset Riuer, a
deuission be equally made runing a line eastward, the one
halfe, next Milford, to lye to Milford comon, and the other
halfe, next their purchase, to goe to them for common; also
to runn a line from their purchase, thereaboute where their
houses stand, cross to the line betwixt Newhaven and Milford
where it is conceived it will meete with Paugaset path, or
thereaboute, and then deuide it in the midle north and south,
and leaue that part to Milford comon next Newhaven line, and
that part to Paugaset that is next them. Freedome from rates
for some cattell for a time was propounded, but not granted
at present.

1657] jurisdiction of new haven. 223
At a Court of Magistrats held at Newhauen 30th 4th
M°, 1657.
Present,
Theophilus Eaton, Esqr, Gou'.
Mr. Stephen Goodyear, Dept: Gou'.
Francis Newman, 1
Mr. Benja: Fenn, V Magistrats.

Mr. William Leete

Goodman Addams, a man that came to worke at the iron
worke, who is in treaty of marriage w'h widdow Bradfeild of
Branford, whose husband dyed aboute two yeares agoe and
left her w'h two chilldren and an estate amount, to some-what
aboue ninety pound, as the inuentorie makes it appeare, for
w°h part belonging to ye children he was required to put in
securitie before marriage, but refused because ye said estate
is much wasted since it was prised, ptely by the fall of cattell,
and ptely by other meanes, therefore he desired that the estate
may be againe viewed and according to this last valewation
the children might haue their pts. The court was slow to
alter the former inuentorie, yet granted libertie for a review
of the aprisement, w°h when it is done shall be duely consid
ered, and hee shall be informed what may be done in ye case,
and till this be done hee promised not to proceede to marriage
as he had thoughts to doe before ; he was told vpon securitie
giUen to stand to what the court shall doe in ye case, he may
marrie before, but he chose rather to forbeare.
John Ferris was called before the court and charged w'h
the sinn of beastialitie, and for proofe thereof a testimony of
Henry Accerly, taken vpon oath, affirmed to the same before
Jn° Ferris. [The testimony is omitted in publication.]
[146] The Court haueing seriously considered of this matter
as it is presented, and haueing aduised w'h ye elders and re
ceiued their judgment in the case, did declare that it is a
most abominable sinn,- and by one witness proved to be the
full act of beastialitie, and wee there another witness or other

224 records of the [1657
evidenc to confirme it, could be no less than death ; his owne
confession is that he attempted it and drew out his member
to that purpose, though he saith his owne conscienc con
demned ye sinn as odiouss, and caused him to w'hdraw, wch
the court beleeues not, but thinkes he did or would haue pro
ceeded further if the discouery made not preuented; but
takeing it in the most spaeing way according to his owne
confession, that it may be an example of terrour to others,
the sentence of the court is, that he be seueerly whipt here at
Newhauen, and after, so soone as he may be fitt, againe whipt
in ye like manner at Stamford ; that a halter be here put
aboute his neck, wch he is allwayes to were vissibly, w'hout
hideing or putting it off, and that at his perill, till this court
see cause to alter it ; that he paye twenty pound as a fine to
ye jurisdiction for the charge and trouble he hath put them
to, this court beeing called on purpose to attend this buisnes ;
that he paye all charges here to the marshall and others, and
at Milford and Stamford, to Henry Aeceely, or any other
pson, that neither the jurisdiction nor others may suffer loss
by such leud persons ; and that till he haue his second cor
rection at Stamford, and this fine be payde or securitie given
that both may be pformed and other charges defrayed, he
remaine in safe custody as a prisoner at Stamford.
William Meaker entered an action of defamation against
Thomas Mullenner, and declared that seuerall piggs of Thom:
Muleners dyed, it seemes in a strange way, and he thought
them bewitched, and said if any more dyed he would vse
somes meanes to make discourey, and he did cut of the tayle
and eare of one and threw into the fire ; his maide said he
knew who he ment, goodman Meaker ; he said he had heard
something of him.
George Smith informed that himselfe is wrapt vp in the
[147] same || case, and desires it may be considered, and that
he hath also charged him w'h milking of the heards cowes,
wch is a great wrong to him.
Thomas Mullenner said he knew not of any piggs tayle or
eare burnt, yet said it was a meanes vsed in England by some
honest people to finde out witches, but if it was naught he

1657] jurisdiction of new haven. 225
desired to see it, wherein hee seems to grant the thing he
denyed, and Mr!« Mullenner did owne that it may be the tayle
or eare might be burned, but Robert Deny and Stephen Peir-
con, servants to Thomas Mullenner, both affirmed, that after
some of the piggs had dyed in this strange manner, their
master said that he feared they were bewitched, and if it went
on he would trye what he could doe to finde it out, and when
their was but one left, and that sick, he brought the pigg to
the fire and cut off the eare and tayle and threw it into the
fire, and after put the pigg vpon the fire till it was dead, and
after he fell into discourse of this againe, and said that he
feared some of his neighbours are not very good, and the
maide said, she knew who he ment, goodman Meaker ; hee said
that he had heard something of him, and because he charged
him w'h breaking open his fence, therfore he hath done this
to his piggs.
M is Mullenner said she heard her husband say so much
as showes that he thought the piggs were bewitched, but
she heard him not charge Willm Meaker nor any other man
w'h it, and Thomas Mullener owned that it was so in his
thoughts, and that he said if he liued amonge neighbours, or
neere neighbours, he should thinke they were bewitched.
For that part of ye charge concerning George Smithes
milking the heards cowes, it did appeare by the testimony of
both his servants that he had spoken words to that purpose,
for Geo. Smith early one morning fetching his ownes cowes
out of Thomas Mullenners yard, where they had bine milked
two nights before as straye cowes, Mullener hearing ye gate
goe, turned out and saw him, and said, he will not leaue his old
trade, and he is vpon his walke allready, and one time seeing
aboute thirty cowes of the heard left behinde in the woods at
night, hee said, if George Smith knew of them he would haue
them before he slept. Many other debates passed, but in the
issue what had passed at Newhaven court before, aboute
vnrighteousnes in markeing and workeing other mens cattell,
&c., were read, and vpon a due consideration of all together,
this court declared, that they agree w'h what Newhaven court
then concluded, and therfore that he put in securitie for bis
29

226 RECORDS OF THE [1657
good behaviour for the future in these and the like cases, or
remove himselfe to some other place. The takeing of wch
securitie is referred to Newhaven court the third day of the
next weeke, and also the issuing this matter betwixt Witim
Meaker, Geo : Smith, and him. They pfessed now, it is not
his estate they seeke, but a reformation and the cleering of
their names,- in wch they have bine much wronged by him.
Leiutennt. Nash and Abraham Dowlitle now informed that
they had heard these matters betwixt them, and if Thom:
Mullener would but have come vp to any reasonable acknowl
edgm*, even to ye very suspecting himselfe in these cases, it
might haue bine ended, but he would not.

[148] At a Court of Magistrats held at New-hauen
for Ye Jurisdiction, Ye 21th of the 8th Moneth 1657.
Present.
Theophilus Eaton, Esqr, Gouernor.
Francis Newman, )
Mr. Benjamin Fenn, > Magistrats.
Mr. William Leete, )
William East of Milford was called before the court and told
that there hath bine a buisnes long depending in court concern
ing him, aboute his not payeing custome for wine and strong
liqour he hath brought in according to order; two courts
allready it hath bine called vpon, and what passed then was
now read, whereby it appeared that ther were nine pipes of
wine and fifteene anchors of liqours, but now William East
said that three of those pipes, and thirteene anchors of liquors
he had given in and paide for, and two of the six pipes last
brought were drawne out aboard into smaller vessels, not
landed but sent to Vergenia. He was told none of it were
giuen in nor paid for till after complainte was made, and ther
fore it saues not the forfeiture. Hee confessed he neglect
ed his duty in not giueing in according to order, but he did
not intend to deceaue or defraude the jurisdiction, but was
told that must not be received for an answer in such cases.

1657] JURISDICTION OF NEW HAVEN. 227
The court haueing considered of what had before passed at
two courts, w*h what was now said on both sides, and being
willing to show as much tendernes as they may justly in the
case, did agree that for the liqoars and three pipes of wine
w°h were pd for, (though not seasonably,) yet they shall
, pass them by w'hout forfeiture, and for the two pips he saith
were drawne off aboard and sent away, yet it is vnderstood
one of them was sould to Richard Bryan and not entered,
and so might be required as forfeited also, but they pass that
as the other, but for the foure pipes that were landed and
sould, and no entry nor payement made, they cannot but de
clare, according to the law in that case, that they are forfeited,
and being valewed at twenty pound a peece they come to
foure score pound. The one halfe belongs and must be paide
[149] to Richard Baldwin || the informer, and the other halfe
to the jurisdiction, and that the attachment wch is vpon fifty
pound of William East estate at Milford remaine still vpon it
till the generall court in May next, this court being willing,
vpon his desire, to forbeare the jurisdictions part till then,
and for Rich: Baldwins part, it was said he hath it in his
hand allready.
William East said now, that fiue pipes of wine were brought
in by Ensigne Bryan at the same time, w°h were not entered
no more then his, to cleere w°h Ensigne Bryan was to be warn
ed to the next court of magistrats.
William East was told there is a sad fame spread abroade
of his excessiue drinking and drunkenness, so that people as
they goe in the street doe say, that Serjant East was drunke
yesterday before ten a clock, and now he is drunke againe
to day allready. Hee said he dares not say he is cleere, but
is sorrey he hath giuen cause for such reports. He was told
he hath now a blacke eye, and whether it came not by some
such course he best knowes, of wch he said nothing to cleere
himselfe, yet said he had some distemper wch fell into his eye.
Some of Milford being present, as Richard Baldwin, William
Fowler and Steuen Freman, were called to speake what they
know or have heard in the case ; but first Mr. Fenn, the mag
istrate, said that he thinks he hath bine twice dealt w'h at
Milford for drunkenness.

228 RECORDS OF THE 1657]
Richard Baldwin said, he could wish he had less to say in
this matter, he hath heard from the Duch by a sufficient man,
that his cariage ther was exceeding gross, that the Vergenia
men and sea-men would scoff at him and reproach religion
for his sake, saying, This is one of yor church members, but
some answered, No, but he is not, for he is cast out for such
courses ; and for his cariage at Milford, he hath seene that
w°h hath bine a trouble to him, and hath warned him not to
come to his house, observing that he sorted himselfe w'h loose
and vnsuitable company, and was giuen to drinke too much,
and to be distempered thereby, and so farr as that others wch
haue seene him haue judged what they have seene by him to
be signes of drunkenness, and he hath heard others w°h haue
come from William Easts house, say, He is in a high streine,
and he hath got a cup to much, and the last weeke he went
to Chesnut Hill, and in his returning one mett him and saw
his face bloody, and caried it so in words and gestures as the
ptie that saw him thought him to be drunke.
William Fowler said he hath heard comon reports of his
beeing drunke, but one morning goeing into the back-house,
there came in some sea-men and they said, Serjant East was
drunke yesterday and he is drunke againe to day allready,
and that was aboute nine a clock in the morning.
Steven Freeman said it is comonly reported that he is often
distempered w'h drinke, but for his pt he sees him but sel
dome, and so cannot speake of his owne knowledg.
William East was asked if he would haue the pties that
haue spoken affirme what they haue said vpon oath, or rather,
whethr it were not better, if he know himselfe guilty, to con
fess and not add this to his other sinns by causing them to
[150] take an oath in || vayne. He desired not their oath,
but confessed he had bine giuen to drinke two much too fre
quently, and it hath bine his great sinn, but he hopes they
shall heare of it no more. The court told him they should
be glad that it might be so, but for this miscariage, as it is
proved and confessed, the sentenc of the court is, that he
paye fiue pound as a fine to the jurisdiction, and if hereafter
he fall into the like sinn againe, he is to be set in the stockes

1657] JURISDICTION OF NEW HAVEN. 229
at Milford and to be bound ouer further to answer it at ye
next court of magistrats.
A buisnes depending aboute James Roggers, concerning
three anchors of liqours, w°h he brought in and sould and
made no entrie or payem' according to order, w°h hath bine
vnder consideration two courts before and respite giuen for
him to cleere himselfe, w°h he hath not done, nor did he, nor
any for him, appeare now to doe it, wherfoe the court de
clared, that the thee anchors of liqours are forfeite, or the
valew of them, and ten or twelve pound, w°h is staied in
Ensigne Bryans hand for securitie in the case, is to be paide,
halfe to the jurisdiction treasurer for ye jurisdictions occasions,
and the other halfe to the informers, w°h is betwixt Mr. Fenn,
William Fowler, and Richard Baldwin, as they shall agree
amonge themselues.
John Waterberey of Stamford desired advice of the court,
his father in law and mother are both lately dead at Stamford,
and hath left some small estate w°h they gaue to him, as
himselfe and his wife can testifye, and he now brought Henry
Jackson of Fairfeild who in writeing declared some thing as a
ground why the estate should belong to him ye said Jn° Wa
terberey, wch writing he had againe ; but by all he was told
ther is not a full evidenc to cleere the estate to him, though
it is likely none may haue more or so much right as he, ther
fore it were best that a true inuentorie be taken of the estate
and he may be admitted administrator vpon securitie put in
that right may be done, if any appeare, w*hin the time lymit
ed by the order, wch can show a better tytle then he can.
Joseph Mead of Stamford, who stood ingaged for a fine of
ten pound for his sister the wife of Jn° Richardson, and John
Mead, who stood indebted for a fine of ten pound for himselfe,
the halfe of w°h in both cases the court in May last abated,
and now they brought two cowes, wch they desire may be
accepted in full satisfaction. The court told them that they
came not to so much, for they wee prised at Stamford but at
eight pound tenn shillings, wch they owned, but in fauour to
them they desired that the court would accept them and

230 RECORDS OF THE [1657
acquitt the said fines ; of wch the court considered, and agreed
to doe it, and so they were discharged.
Isack Hall, Thomas Weeden, John Brookes, and Mary
Hitchcock were called before the court, and the said Isack
was charged with writeing a papr, publishing a marriage
intended betwixt Edward Neale and Mary Hitchcocke, and
the said Thomas set it vp vpon the meeting-house, wher such
[151] things vseth to be sett, and || yet ther was no such
thing, wch is the publishing of a lye, a high contempt of
authoritie and an abuse of the generall courts order. They
both confessed their miscariage, as they had done before at
Newhaven court, and now petitioned for fauour to be showed
to them. John Brookes was blamed that he suffered this to
be written in his house in the night, and did not witness
against it as he ought to haue done, and Mary Hitchcock
knew of it yet acquainted not her master, nor tooke any other
course to stopp it, she said she thought they would not haue
set it vp ; but both them were passed by w*h a eproofe and
warning to take heede of such cariages hereafter, but for
Isack Hall and Thomas Weeden, the court ordered that they
sitt in the stocks one houre, and that they make a publique
acknowledgm* of their miscariage in some towne meeting or
otherwise, when called to it, and if hereafter they doe the
like, they must expect more sharper dealing.
A buisnes aboute Henry Tomlinson w°h hath bine long
depending, concerning his drawing wine and strong liqours,
when hee kept ordinarie at Milford, w'hout giueing account
thereof according to order. What had passed formerly were
read and he called, but Jeremiah Osborne, his securitie, said
he was sick and could not come, but had appointed Serjant
Fowler and himselfe to answer on his behalfe, and showed a
writing under his hand for that purpose, and Serjant Fowler
presented a papr w°h he writ as Tomlinson informed him,
showing what wine and liqours he had drawne at Milford,
w°h they rested not in, but by the account formerly giuen,
ther was thirtie one anchors & a halfe of liqours, foure pipes
and one quarter of sack, and seuen hoh of white wine and
claret ; the excise of w°h comes to six and twenty pound,

1658] JURISDICTION OF NEW HAVEN. 231
twelve pound of wch he hath paide, though not, according
to order, yet the court will not recall that againe, but for the
rest, w°h is foureteene pound, wch comes to ye valew of seuen
pipes of wine at forty shillings a pipe for drawing, is by the-
law forfeite, or the valew thereof, wch is at twenty pound a
pipe one hundered and forty pound, wch the the court declared
is due for Henry Tomlinson to paye, in pt of wch Jeremiah
Osborne, his securitie in fifty pound bond, must paye the same
w'hout delay, onely if he bring Henry Tomlinson in pson
hither, it is like there may be some forbearanc, wch he prom
ised to doe.
[Here the record ceases to be in the handwriting of Franeis Newman, and what
follows, to the middle of page [283,] is in that of William Gibbard.]

[152] At a Court of Elections held at Newhaven for
the jurisdiction, the 26th of May 1658.
Mr. Francis Newman chosen Gouernor, Mr. Will Leet chosen
Deputy Gouernor, Mr. Mathew Gilbert chosen Magistrate for
Newhaven. Mr. Beniamin Fenn chosen Magistrate for Mil
ford, Mr. Jasper Crane chosen Magistrate for Brainford. The
Gouernor & Deputy Gouernor were chosen Comissioners, Mr.
Goodyeare a third, & Mr. Gilbert a fourth, to supplie in case
any providence of God should hinder the other or either of
them. Mr. John Wakeman chosen Treasurer. Wm. Gibbard
chosen Secretary. Tho : Kimberly ehosen Marshall. All for
ye yeare ensuing.

At a Gen: Court held at Newhaven for y6 Jurisdicon,
the 26'h of May, 1658.
PrSENT,
The Gouernour, Deputies.
Deputie Gouernour, K W^eman, j Newhayen_
Mr. Gilbert,) W» Gibbard, j
Mr. Fenn, > Magistrates. Leiftenn' Treat, ) M.,„ ,
Mr. Crane, ) Tho Welch, J Mlltor(L

232 records of the [1658
Leiften Chittendon, j Guilford
Georg Hubbard, J
?icnLaw,'n | Stamford.
Francis Bell, )
Tho: More, j Southold.
Barnabas Horton, )
Leiftenn' Swaine, ) Brainfor(L
Lawrenc Ward, )
The Deputies prsented their certificates, whereby it appeared
y* they were chosen to y* trust, wch being read were approved.
Sargeant Richard Baldwin of Milford declared vnto ye court
y' he was desired by Leiftenn* Thomas Wheeler to propound his
desires y* ye land lately purchased by him of the Indians,
at or neare Paugasett, might be accepted as a part of this
jurisdiction, vpon the same tearmes wch those other proprie
tors there were received, to wch ye court answered y* they doe
incline to his motion, but desired first to speake w'h Leiftenn'
Wheeler himself, before they give a full answere in the case.
It was propounded by some of the deputies to the consid
eration of the court, whether the prizes of some sorts of
cattell, as they stand in the printed law, in refference to rates,
be not now above what they are truly worth, 'woh being de
bated & considered, it was now ordered, that a beast of three
yeere old be rated but at 311 10s, cowes of 4 yeere old or
aboue, but at 4H, steares or bulls of 4 yeare old at 5U, all
oxen or bulls of 5 yeare old or aboue, at 6U, accounting their
severall ages as it is ordered in ye printed law, but this alter
ation not to take place vntill ye 3d moneth 1659.
A petition of Willm East of Milford was prsented & read,
wherein he desired ye abatem' of a fine of 40H, for wch he
stands debtor, by sentence of court to the jurisdiction,' wch
[153] being considered || it was by vote declared that they are
contented so far to mittigate & moderate ye former sentence,
(wen he acknowledgeth iust,) that if 20' ; be forthwith paid to
ye satisfaction of ye treasurer, they forgive ye rest.
The Court having information y* not only they y* are resi
dent at Paugasett, but also some others yet liveing at Milford
who^are become proprietors there, do deny paym* of rates for
their cattell, both to ye towne & jurisdiction, wcl> ye court

1658] jurisdiction of new haven. 233
takeing into consideration declared, that such as are dwellers
at Milford are to pay rates for such cattell woh are for y° most
part there, both to ye towne & jurisdiction, but for ye cattell
weh are for tne most part at Paugasett, belonging to ye setled
inhabitants there, rates are to be paid to y° jurisdiction onely,
Leiftenn' Treat & Ensigne Brian were desired to require a
list of them and send it to ye treasurer at Newhaven. .
The customs & excise of wines & liquoures of the towne of
Milford are let out to Ensigne Brian, at 20'> for ye yeare ensu
ing. It was withall ordered y' he farme it not out, nor any
part of it to any other, & that what wines and liquours shall
be found there when ye yeare is expired shall be liable to pay
customs & excise as in other places of ye jurisdictio, and y*
all forfeitures for non-entry shall remaine to ye jurisdictio &
informer according to y° printed law.
Mr. Atwater acquainted ye court y* he sustained 4U damage
in a pcell of beife sent into y" Bay in a payment for ye juris
diction when he was their treasurer, wch he desired might be
allowed him, wch ye court haveing debated'^ considered saw
not cause to allow to him vnder y* consideration, but calling
to minde yB service he hath done in y' office of treasurer, did
order ye treasurer to pay Mr. Atwater ye some of 4]i by him
mentioned. The Deputies of Southold propounded ye desires of their
towne to repurchase of y° jurisdiction a pcell of land called
Mattatock and Akkabawke, wch ye court considering, by vote
declared, that they paying 7H in good pay, ye said land is
theires, woh was accepted by their deputies.
The Court calling to minde the good service done to this
colony by or late honoured gouernour, did order y* a comely
tombe, such as we are capable off, shall be made ouer his
grave, and y* ye estate he left behind him shall be free from
rates this yeare to ye jurisdiction.
The pceedings of ye court against Humphrey Norton, a
Quaker, being read, was approued by yB vote of this court.*
* Humphrey Norton, whom the court at Plymouth, Oct. 6, 1657, had banished, had
been sent a prisoner from Southold and was brought before the plantation court of
New Haven, Mr. Leete and Mr. Fenn being called in to assist, March 10th, 1657-8.
30.

234 RECORDS OF THE [1658
Leiftenn' Cbittendon & Leiftenn' Treat were sent fro ye
court to desire of Mris Eaton that she haveing taken to her
y« writeings proper to herself, that y° gouernor, w"» some
others who she. should approue, might take a veiw of the
writeings remaining woh are of concernment to ye jurisdiction,
to wch motion she readily assented, w°h writeings were comit
ted to ye custody of ye gouernour.
The Court ordered y' y° constables of Southold do require
of the prsent inhabitants of Hashamommocke a list of their
rateable estate as it was agreed betweene ye towne of Southold
& the former inhabitants, wch list shall be sent by ye first
oppertunity to ye treasurer 'at Newhaven.
By way of explanation of ye law concerning impost vpon
wines and liquours, the court declared y' what wines or
liquours are sould in any harboure w'hin this jurisdiction shall
be liable to pay custom as if they were sould on shore.
[154] || The Deputies of Newhaven were desired by the court
to take order for the repaires that shall be found necessary to
ye prison for y' part which concernes the jurisdiction.
The Court haveing information of some indirect pceedings
by some psons in their branding of horses, as an addition to
ye printed law did order, that all horses & mares, both elder
& younger, shall be sufficiently branded by the man appointed
to y' service by the plantations respectively, & y* what pson
The charges against him were, " That he hath greiuously and in manyfold wise
traduced, slandered, & reproached Mr. Youngs, pastour of the church at Southoldi
in his good name and the honnour due to him for his workes sake, together wfl> his
ministrie, and all our ministers & ordinances.
" 2. That he hath indeauoured to seduce the people from their due attendanc vpon
the ministrie and the sound doctrins of our religion setled in this colonye.
3. " That he hath endeauoured to spread sundrie heretticall opinions, and that
vnder expressions Woh hold forth some degree of blasphemy, and to corrupt the
minds of people therein.
" i. That he hath endeauoured to villifye or nullify the just authoritie of the magis
tracy and gouerment here setled.
" 5. That in all these miscariages he hath endeauoured to disturbe the peace of
this jurisdiction.' '
The trial is recorded at length in the N. H. Town Rec. ii. 235-8.
He was sentenced to be severely whipped, and branded on the hand with the letter
H. for spreading his heretical opinions, to be excluded from the jurisdiction and not
to return upon penalty of the utmost censure the law will inflict, and for the trouble
and charge he hath caused, to pay a fine of £10 to the jurisdiction.

1658] JURISDICTION OF NEW HAVEN. 235
or psons soever shall by himself, or any other besides the
aforesd officer, brand or cause to be branded any horse, mare
&c, he shall pay for euery default in so branding, 10s as a
fine, & shall further stand liable to answere ye iust demands of
any other for any damages sustained by his irreguler act. It
is further ordered as an addition to the last clause of the said
law, that where ye ground of any mans claime to any such
horse or mare, or any of y* kinde, as his owne, lieth rather in
pbable circomstances then dew evidence, publication thereof
shall be made three seuerall times, both in ye plantation
wherein he lives & ye two next plantations, vpon three seuer
all daies of the townes most generall meeting wch ye time
affords, y* way may be open to other claimes.
The Court ordered y* those woh are in publique trust for
Stamford shall require of the inhabitants of Greenwich a list
of their rateable estate & send it to the treasurer at Newhaven.
In answere to a motion made in ye behalf of Jer: How, ye
court remitted to him a debt, about 26s 8d, dew for excise of
liquours. It is ordered that in euery plantation some fitt man shall be
appointed to keep a record of all horses or mares, whether
elder or younger, wch are either sould & delivered w*hin, or
shipped out of this jurisdiction, wch being brought to ye said
officer, he shall take notice of the time when sould or shipped,
wth ye age, couler, naturall or artificiall marks of any such
horse or mare, w*h ye name of the seller & buyer. It is fur
ther ordered y* whosoeuer shall, by himself or any other,
make such sale out of this jurisdiction, he shall wthin six
dayes after his returne home, or after intelligence received of
such sale, make such entry as is before exprest, wch officer
shall receive for his care & paines 4d ; but whosoeuer shall
offend in efference to ye prmises, shall for euery horse or
mare, &c, so sould & delivered or ship'd & not entered, pay
5i ' as a fine to the jurisdiction.
Richard Lawes, Francis Bell & John Waterbury were
chosen deputies for Stamford for ye yeare ensuing, who have
y8 same power comitted to them which ye deputies there had

236 RECORDS OF THE [1658
May, 1654. Rich: Lawes & Francis Bell tooke ye deputies
oath, who are to administer the same to John Waterbury.
Tho. More, Barnabas Horton where chosen & sworne con
stables for Southold for ye yeere ensuing, who have the same
power comitted to them wch was given to ye constables there
ye 30th of May, 1649.
Jo. Holly of Stamford, Barnabas Horton of Southold, Law
rence Ward of Brandford, Jo Fowler of Guilford, were chosen
[155] by ye court to receive || the customs & excise of wines
& liquoures in ye seuerall plantations wherein they live.
The Court ordered y* 50H sal shall be paid by y° treasurer
to the gouernour & 20' > to the deputy gouernor this yeare
ensuing. It was againe ppounded in refference to an order formerly
made for the pvideing of horses with furniture fitted for ser
vice, by ye seuerall plantations on ye maine vnder a penalty
of 51', y' the said fine might be paid by such as had beene
found vnder ye breach of y* order, vnto wch some answere was
given by them y* were not then pvided wch satisfied not, but
no issue was put to it at this time.
By way of addition to ye law of straies, it is ordered, that
what person or psons soever w*hin this jurisdiction shall take
vp any stray horse or mare, or any of that kinde aboue 2 yeare
old, (after excepted,) he shall w'hin one moneth bring the said
stray vnto ye officer appointed in y' plantation for branding of
horses, who shall sett on ye impression of ye towne brand
twice vpon ye neare buttock, one aboue ye other. It is fur
ther ordered y' no colt vnder 2 yeare old shall at all be taken
vp as a stray, & y' such horses or mares as fall w'hin ye com
pass of ye law of strayes shall be but a fourth part vnto ye
finder. Jonas Wood & Jonas Wood, both of Huntington on Longe
Island, as agents for ye inhabitants of ye same, prsented to ye
court ya desires of their towne to ioyne in combination w'h this
colony, to wch purpose they presented a writeinge subscribed
by three of the inhabitants thereof, whereby it appeared y' the
said agents were authorized to treat of & to finish this business
w'h the court, ye contence of weh writeing is as followeth,

1658] JURISDICTION OF NEW HAVEN. 237
To the honoured court of magistrates Sf deputies
now sitting at Newhaven.
May it please this honoured court to vnderstand y' a motion
being made by one of or towne of Huntington, at y" court of
comissioners sitting in Boston ye last yeare, that or towne
might be put vnder Newhaven gouernment, & y' motion
being consented to by ye honoured comissioners there prsent,
or towne of Huntington aforesd, in pursuance of their desires,
have thought good to make their addresses to this honoured
court by their deputies, viz., Jonas Wood (0) & Jonas Wood
(H,) for the obtaining of their proposed ends, having given
vnto them full power & authority to treat of & finish this
business w'h ye court in their names, humbly desieing therein
acceptance of vs, & further y' you will be pleased, (consider
ing ye remotenes of ye place, ye great charges y* such infant
plantations are vsed to be attended with,) to condescend to
such moderate ppositions we have ordered them to comend to
ye court in or behalf, in hopes whereof we rest.
WiH Smith, Yors in all due observance,
Tho: Befiidick,
W™ Leuerich, in 17 of 3d-58.
ye name & with ye
consent of ye rest.
Which being read they were desired to give in, in writeing,
what. they had to ppound in yB psuance of this business, wch
accordingly they did in 5 propositions, 4 of which pper to ye
case in hand, wch were as followeth,
1. That ye towne of Huntington may have liberty to deter-
[156] mine all civill || controuersies by such magistrates as
they shall chuse & ye honoured court may see cause to con
firme, w*h power to punish all criminall offences, except cap-
itall, in all woh cases reserving liberty of appeales to the com
plainants vpon sufficient security given to ye magistrates here
at home.
2'y. That they may have a liberty to send to ye gen: court
by way of proxys, vnles some vrgent & necessary occasions
shall require deputies, & we have timely & seasonable notice
thereof. 3'y. That we desire freedom fro ye charge of warr, vnles
what we shall occasion ourselues by craveing assistance fro
you for or pay against Indians or otherwise.
4'y. That in refference to ye great disbursem*s we have
beene at in purchasing or plantation & lands at home vpon ye
north side, as well also for or meadowes & land at ye south,

238 RECORDS OF THE [1658
besides other great disbursm*8 in other respects, we desire of
this honoured court freedom fro rates for the space of 5 yeares.
Which propositions being considered by ye court & de
bated w*h ye said agents, the court returned this answere,
that they are willing to receive them vpon the same tearmes
as Southold & other plantations in ye jurisdiction were
admitted, wch or booke of lawes declare, but to vary from that
they were not willing, only in reference to ye fourth proposition
they would thus far condescend, y' they shall be freed from
payment of rates for two yeares, but for any longer time they
would not engage, but it should remaine in ye power of this
court to determine as they shall see cause when they shall see
ye pvidences of God towards them.
Vnto wch answere of ye court, ye said agents replied, that
for ye pr,sent they saw not any thing wherein we were like to
differ, except it were in refference to ye'r first pposition, woh
they would consider off & give in their answere, but no more
was done at this time.
Whereas there is a cursed sect of heriticks lately risen vp in
the world, wch are comonly called Quakers, who take vpon
them y* they are imediatly sent of God & infallibly assisted
by ye spirit, who yet speake & write blasphemous opinions,
dispise gouerment & ye order of God in church & comon
wealth, speakeing evill of dignities, reproaching & revileing
magistrates & ministers, seeking to turne ye people from ye
faith & to gaine pselites to their pnitious wayes ; this court
takeing into serious consideration ye prmisses, & to prvent
(as much as in them lies) ye like mischeife as by their
meanes is wrought in ov native country, doe hereby order
& declare,
That whosoeuer shall hereafter bring or cause to be brought,
directly or indirectly, any knowne Quaker or Quakers, or other
blasphemous heriticks, into this jurisdiction, euery such pson
shall forfeit the some of 50I! to the jurisdiction, except it
appeare y' he wanted true knowledg or information of their
being such, & in y' case he hath liberty to cleare himself by
his oath, when sufficient proof to ye contrary is wanting, and
for default of payment or satisfying security, shall be comitted

1658] JURISDICTION OF NEW HAVEN. 239
to prison, there to remaine till y° said some be satisfied to the
jurisdiction treasurer, and the partie or parties so offending
[157] shall further give in sufficient security to yB gouernor ||
or any one or more of ye magistrates, or to y° deputies or con
stables in any plantation where there is no magistrate, to cary
them back to the place whence he brought them, & vpon his
or their refusall soe to doe, lie or they shall be comitted to
prison, there to continew till sufficient security be given to yc
content of ye gouernour or any of ye magistrates, or other
authority in places where there is no magistrate, as aforesaid.
And it is hereby further ordered y' what Quaker or Quakers
soever shall come into this jurisdiction from foreigne parts or
places adjacent, if it be about their civill lawfull occasions to
be quickly dispatched among vs, woh time of stay shall be
Unfitted by ya civill authority in each plantation, & y' they
shall not vse any meanes, by words, writeings, books, or any
other way goe about to corrupt or seduce others, nor reuile or
reproach, or any other way make disturbance or offend;
They shall vpon their first arivall, or comeing in, appeare or
be brought before yc authority of ye place, and from them
have license to pass about & issue their lawfull occasions, &
shall (for ye better prvention of hurt to ye people) have one or
more to attend vpon them at their charge till such occasions of
theirs be dispatched & they returned out of ye jurisdiction,
wch if they refuse to doe, they shall then be denied such free
passage & comerce, & be caused to returne back againe; but
if at this first time they shall offend, in any of ye wayes as is
before exprest, & contrary to ye intent of this law, they shall
be comitted to prison, seuerely whipt, kept to worke, & no
suffered to converse with them dureing their imprisonment,
wch shall be no longer then necessity requires, & at their
owne charge sent out of ye jurisdiction.
And if after they have once suffered ye law as before & shall
prsume to come into this jurisdiction againe, euery such male
Quaker shall for y' seacond offence be branded o ye hand w'1'
ye letter H, be comitted to prison & kept to worke till he can
be sent away at his owne charge ; and for a third offence shall
be branded on ye other hand, comitted to prison & kept to

240 RECORDS OF THE [1658
worke as aforesd ; and euery woman Quaker y' hath suffered
ye law here, & shall prsume to come into this jurisdictio
againe, shall be seuerely whipt, comitted to prison & kept to
worke till she can be sent away at her owne charge, & so also
for her comeing againe she shall be alike vsed as aforesd; &
for euery Quaker, he or shee, y' shall a fourth time herein
againe offend, they shall have their tongues boared through
w'h a hott iron, comitted to prison, & kept at worke till they
be sent away at their owne charge ; and all & euery Quaker
arising from among orselues, shall be dealt wth & suffer ye
like punishment as ye law pvides against foreigne Quakers.
And it is further ordered that if any pson shall knowingly
bring into this jurisdiction any Quakers bookes, papers or
writeings concerning their divellish oppinions, shall pay for
euery such booke or writeing, being legally proued against
him or them, ye some of 5H ; & whosoeuer shall dispere or
conceale any such booke, pap or writeing, & shall not imedi-
ately deliver in ye same to ye magistrate in ye place, or to ye
deputies or constables where there is no magistrate, & it be
after found with him or her, or in his or her house, or other
wise fully proued y* they had such booke or writeing in their
custody, shall pay 5U for ye dispsing or concealing of euery
such booke or writeing ; and when any such bookes or write-
[158] ings are brought || or come into ye hands of any of ye
magistrates, deputies or constables in any plantation, they shall
w'h ye advice & approbation of the minister of the place, keepe
them in safe custody, that non may come to see & read them
& soe receive hurt by them, wch this court leaves to their dis
cretion to order, and being so kept they shall be brought to
Newhaven & prsented to ye next generall court, vnles they
shall see cause to send them before, or y' ye gouernor & magis
trates shall call for them vpon any occasion y' may concerne
ye jurisdiction.
And if any pson or psons in this jurisdiction shall henceforth
entertaine & conceale any such Quaker or Quakers, or other
blasphemous heriticks, (knowing them soe to be,) euery such
pson shall forfeit to y° jurisdiction 208 for euery houres
entertainem' & concealem* of any Quaker or Quakers, &c, as

1658] JURISDICTION OF NEW HAVEN. 241
afforesaid, & shall be comitted to prison till ye forfeiture be
fully paid or satisfying security given for ye same.
And it is by this court further ordered, that if any pson
wthin this colony shall take vpon them to defend ye hereticall
oppinions of ye said Quakers, or any of the said bookes or
papers aforesd, ex animo, or so as may corrupt ye mindes of
ye weake hearers, (if legally proued,) shall be fined for ye
first time 40s. If they shaU psist in the same, & shall so
againe defend it y° second time 4H. If still notwithstanding,
they shall againe so defend & maintaine ye sd Quakers heret
icall oppinions, they shall be comitted to prison, their to
remaine till there be convenient passage for them to be sent
away, being sentenced by ye court of magistrates to banish
ment. .Lastly it is hereby ordered, that what pson or psons soever
shall revile ye office or pson of magistrates or ministers, as it
is vsuall w*h ye Quakers, such pson or psons shall be seuerely
whipt, or pay ye some of 5U.
It is ordered that a rate of one hundred pounds shall be
leuied from the seuerall plantations w'hin this jurisdiction in
equall pportions according to their estates, wch is to be paid
at the same times & in the same pay at the same prizes as was
ordered the last yeare. The proportions of euery towne is as
followeth, Newhaven, 371' 10s 07d

Milford,

22

04

08

Guilford,

13

12

06

Stamford,

11

02

09

Branford,

07

11

10

Southold,

07

17

08

100

00

00

31

242 records of the [1658
[159] At a Court of Magistrates held at Newhaven
for the Jurisdiction, the 31th of May, 1658.
There was prsent,
Mr. Francis Newman, Gouernor.
Mr. Will Leet, Deputy Gouernor.
Mr. Mathew Gilbert, )
Mr. Benjamine Fenn, Magistrates. & ^£ '^5
Mr. Jasper Crane, ) r28-
Richard Crabb of Greenwich & his wife beinge bound ouer
to ye court, he made his appearance, who was told that his
wife was also appoynted to be here as well as himself, to wch
he answered y* she was not able to come. It was declared to
him y' he was now called to answere for seuerall miscarriages
by many clamarous and reproachfull speeches against the
ministry, gouerment & officers, neglecting of meetings for
sanctification of -the Saboth, by himself or his wife comitted,
for whose miscarriages, (he countenancing her in it,) he must
stand accountable to yh court, the pticulers whereof the testi
monies given in will more fully declare.
And first the testimony of Willm Oliver, given in vpon oath
the first of Decembr, 1657, was read, who saith, y' he came to
goodman Crabbs house wth ye rest to demand the Quakers
bookes, & the goodwife Crabb went into ye other roome &
made herself fast by shutting the doore, & Rich: Crabb vsed
meanes to have ye doore opened againe & so it was, & when
she came she said, Is this your fasting & praying, to come &
robb vs & robb mens houses ; then she held vp her hands &
said, The vengance of God hangs ouer your heads at Stamford
for takeing away or land wthout comission, & wronging of
them; & then she fell a railing o the ministers & said they
were preists & preached for hire, & called them Baalls preists,
& she would not heare them, & said we was shedders of bloud,
yB bloud of the su of God ; also she told goodman Bell, he was
a traito1', & a liar & a villan, and his posterity would suffer for
his iniquity, & goodma Bell said, no, they should not suffer
for his, & goodwife Crabb said they should, & goodman Bell
said he hoped she was not a witch, & then she told him he was

1658] jurisdiction of new haven. 243
a rogue, or a rascall, one of them ; then she fell vpon the officer,
Jo. Waterbury, & said he was a traito1', also she railed vpon
the marshall w'h bitter words, &c.,& then vpon others, etc.
Also the testimony of Jonathan Renalls, taken vpon oath ye
13"1 of May, 1658, was read, who affirmeth that goodwife Crabb
did give very bad language to goodman Bell, & goodman Bell
sd, Woman, I thought your religeon had beene thee & thou,
& goodman Crabb said, Why her religeon is as good as yours.
Lastly the testimony of George Slawson, given in vpon oath
ye 24th 0f May, 1658, who saith y* going to Greenwich wUl
Daniell Scofeild, marshall, to take Tho: Marshall, we came
into Richard Crabbs house, & there we found Thomas Mar-
[160] shall, and then ye marshall || seized vpon him, then
goodman Crabb desired to see ye warrant, & when he had
seene it he questioned ye extent of it, whether or no ye sd
marshall might not stay vntill ye morning ; I told him no, then
security was offered, then I told him in such cases I should
refuse, then goodwife Crabb feU a railing vpon mee, & said y*
we had stolne away Greenwich & wee had no commission,
relateing it seuerall times ouer with many retorting speeches ;
then I said, Goodwife Crabb, I should be glad to see you at
Stamford meeting, shee answered & said y' she would neuer
come while she lived, then after some discourse I said, Well I
should be glad to see you at Stamford meeting to heare, then
shee answered & said, What shall I come to heare, to cast
away my soule to the divell, or to this purpose; goodman
Crabb, hearing of her, did not so much as rebuke her, but
rather countenancing her therein & questioning of vs what
ground we had to do as we did, & countenancing Tho: Mar
shall so far as he durst.
The Gouernor told him y' these are notorious things wch
are testified, & must not be suffered. Richard Crabb replied
so they are, but he could not reclaime her. But Francis Bell
affirmed y* hee seemed to countenance her in it & vsed noe
meanes to reclaime her, although she continued in those rail
ing speeches almost a houre together, she calling for drinke to
refresh her, wch he aprehended she did to strengthen her to
goe on in those wicked speeches, wci> was dreadfull to heare,

244 records of the [1658
lifting vp her hands towards heaven & saying, Holy Father
power out thy vengance vpon them, & ye like, vntill she began
to speake against authority, then indeed he vsed meanes to
quiet her, who told her she would hurt herself, wch he
aprhended he spake in reference to her health. Francis Bell
further declared, y' Mr. Bishopp was much discouraged by
Rich: Crabb, & he doubts not but many others also, by his
villifying the ordinances & ministers. Richard Crabb was
further told y* he hath beene a harbouer of Quakers, & y' he
hath kept Quakers bookes in his house, to weh Rich. Crabb
replied, indeed Marshall was there, but he did not account
him a Quaker, nor anything els but a wefhercocke. The
gouernour demanded of him whether he owned the Lords day
to be ye Christian Sabath, to be sanctified by virtue of ye 4th
comandement, to wch Rich. Crabb answered he did owne it; it
was told him he hath spoken y' wch held out the contrary, to
wch he said, y' it was one thing to speake in way of discourse,
and another to speake positively ; but Rich: Law testified y'
Francis Bell & he have had discourse w' h him concerning the
Sabbath & he hath propounded such questions concerning the
Sabbath y * they did aprhend his judgm' was against ye morallity
of it.
It was propounded to him if he would give in security for
his quiet & Christian carriage in ye place for the time to come,
& y' hee would testify his esteeme of ye ordinances by his
attendance on them, & to ye ministers by shewing that respect
y* is dew to them; to wch hee answered y* he did not aprhend
y* safe for him to doe, haveing soe many eyes vpon him, but
[161] it was his resolution to walke inoffensively || for the
time he shall stay there, but he intended to remoue ; to wch ye
court replied y* they feared y' a remoue was easier to him then
a reformation, but he must expect y' Greenwich will be no
place for him vnles he do reforme. The Gouernour told
Rich. Crabb y' ye court did looke vpon his miscarriages as very
great, therefore they would take time to consider of it, & y'
ye sentence should be declared o the morrow morning.
The next day Rich. Crabb being againe called, ye gouernour
told him y' yesterday he heard ye evidences read wch were

1658] JURISDICTION OF NEW HAVEN. 245
given in against him for notorious miscarriages, woh evidences
were now againe reade, to wch Rich. Crabb answered, however
those writeings prsent him to tne court, yet he knew his owne
cinserity & y' he did beleeve y* God would not impute those
things vnto him ; hee also told him y' if this be religeon it is
strange religeon.
The Gouernour told him y' lie had heard of a discourse with
two men y* came fro ye Bay, first he asked them whence they
came, they said from Concord, to wch he replied y* was a beg-
gerly place, they said it was a good place, he replied y' ye
preist & ye people y* came thence were almost starved, the
men replied they had no preist, to wch he answered, I see
you are in darknes as all the country is.
Also a discourse w'h a woman of Norwalke, first he asked
her when shee would be pfect, she answered when she should
come to heaven, he told her y' she might be pfect here ; y°
court told him y' herein he spake like a Quaker, & y' he so
carried it as if he would take all opportunities to corrupt
others w'h who he converst; to wr-h Cra[bb] answered y* it was
spoken only by way of discourse.
The Gouernor propounded y* if any one had yet ought to
say in y6 case they might now speake, vpon wch Francis Bell
desired y* ye pticuler wronge done to him, being sent by
authority, might be considered, being charged for a traitor, a
liar, a villan, a rogue or rascall, which, sd he, if I were guilty
off, I were worthy to die, to wch Crab re[plied] did he say so;
he was told y* if his wife speake such words & [he] counten
ance her in it, he must answere it. It was propounded to
Francis Bell whether he spake this \as~\ expecting iustice in
refferrence to himself, or as a -crime \to be~\ generally wit
nessed against in him as against an evill doer, to [wch] he
answered that he neuer had a action against any man, and
shall be content in this case, if they shall see & acknowledge
[their] evill in these miscarriages, to receive satisfaction.
Francis Bell further declared y' it was ye desire of their
freemen y' ye court would take some course y' their peace
may be prserved, ordinances promoted, minister encouraged
by suppressing of such whose actions & speeches tend ye con-

246 RECORDS OF THE [1658
trary way, for if Quakers may be entertained, their bookes laid
open & read, & questions raised concerning the truthes of
God, what do you thinke of this, & what do you say to y', etc.
they know not to what ill pass things will come to in § short
time. Mr. Bishopp also, the pastour to the church at Stamford,
informed y* there was a leaven spread amonge ye young people
[162] of Stamford || concerning the Sabbath & concerning the
written word of God, wch, said he to Richard Crabb, how far you
are guilty of, you have cause to consider, but you must know
y' you have given occasion of suspition y' it proceeds from
you, their being a maid detained by you to the greife of her
parents, who is corrupted, & there is great ground of suspition
through your meanes, wch things Mr. Bishopp declared- were
so great a discouragment to him y' he could not continue at
Stamford except some course be taken to remoue & reforme
these greivances. •
Richard Crabb desired to speake concerning his wife, not
(as he said) that he would iustify her in any evill, but to
acquaint the court w'h some things concerning her. The
woman (said he) was a well bred woman in England, a zealous
pfessour from her childhood, almost beyond example, but
when she is suddenly surprized, she hath not power to
restraine her passions. To wch ye gouernor replied that what
lie had saied did greatly aggravate her miscarriages, for if she
have beene a great professour it was certaine she had beene an
ill practiser, in wch you have countenanced her & borne her
vp, wch may be accounted yours, as haveing faine into evills
of the like nature yourself, revileing Mr. Bishopp as a preist of
Baall, & ye members as liars, & y' M1'. Bishopp preached for
filthy lucre, wch was not spoken in refference to ye sentence.
But to shew what a pson Rich: Crabb was, & what actions
hee did, & therefore might not be thought to be so inocent as
he would pretend, he was called vpon by the court to consider
his way, how y' after a great pfession made, he had now been
for a longe time a neglecter of ye ordinances, a reproacher of
ye ministry, & his wife also, whom he hath not reproued, that
their case seemes scarce to be parraleld in these times, that he

1658] JURISDICTION OF NEW HAVEN. 247
haveing had such light, & his wife such a one as he described
her to bee, should fall into such abhominable courses, to raile
vpon ministers, calling them Baalls preists, &c, and the people
of God, calling them traitors, liars, villans, etc., neglecting of
the ordinances & Sabbaths. It was told him y* euery ordinary
eye might see markes of apostacy on them, wch he was seriously
called vpon to consider off.
Francis Bell told him that he had formerly a good esteeme
of him, but now he feares his parts are turned against ye
churches of Christ.
It being propounded to Rich: Crabb whether he had any
thing more to say, he said, the Lord help him, but further
said not.
The Court haveing considered their miscarriages, wch they
looked vpon as very greivous & of a high nature, by way of
sentence declared, that Richard Crabb pay as a fine to ye
jurisdiction 30u, & y' he enter an engagement of a 100u stand
ing security for his good behaviour ; furthermore y* he make a
publique acknowledgm' at Stamford, to the satisfaction of
Francis Bell & those otlier wch he hath wronged, wch if he do
not, he is to pay to
[The Record remains thus incomplete.]
[163] Ensigne Brian in the behalf of Mr. Edmund Downes of
Fyall, mrchant, entred an action of 600u damage, for a shipp
& goods cast away on ye south side of Longe Island, seazed
by the towne of Huntington. Jonas Wood & Jonas Wood
appeared in the behalf of ye sd towne to answere the sute.
Sundry depositions on both sides being prsented & read w'h
seuerall pleas made both by plant', and defend', the planteife,
findeing the defendts pleading their title to ye said shipp &
goods by vertue of an agreement made w'h ye mr of the shipp
& not as a wreck, (as he expected,) withdrew liis action,
which being done, the defendants propounded to the court y'
the charges wch they had been at in their coming ouer &
attendance to answere ye action might be allowed them by the
planteife; to wch ye planteife- answered that they had, as he

248 RECORDS OF THE [1658
conceived aboundant matter in their hands already for their
recompense, to wch ye defend'ts replied they could not let it
fall vpon y* account having no such order from ye towne; vpon
w°h ye planteife propounded that if when they come home &
propounding it to ye towne they finde them vnsatisfied, let
them give in their account, & what is determined by ye sen
tence of this court he shall attend yc payment of it at Milford
when it shall be demanded, wch was consented to by the
defendants.
James Mills plant' . ) John Cowper being admitted attorney
Jo Tompson, defendt. \ for the planteife entered an action of
defamation in high degree, charging the planteife w*h stealing
2 barrells of beife, & for a notorious liar ; ye case he declared
to be thus, John Tompson coming from Milford, came to Mr.
Mills & told him y' he had order from Ensigne Bryan to
deliver him 2 barr of beife, Mr. Mills asked the price, John
Tompson said 3H a barr, Mr. Mills said he would not give it,
to wch John Tompson replied he had order to deliver it at 55ss
a barrell & y* was ye price ; about 2 dayes after Mr. Mills
desired to know where ye beife was, he answered it was in ye
warehouse, w'hall he appoynted him a time when he should
see it; accordingly he went & saw yB beife, one barr was
opened wch he looked vpon, approued of it, ye question was
asked wch was the other barr. John Tompson answered, their
it stood, he asked him if he would have it opened. Mr. Mills
sd no, he would take it vpon his word, if it were as good as y'
wch was opened. John Tompson said it was for ought he
knew, he further told him if he would fetch it away he must
goe to Daniell Hopper who had the charge of ye warehouse to
take notice what is taken out, accordingly Mr. Mills did, but
Daniell Hopper told him he could not go downe but he might
goe & take it, You know, said he, where ye key of the ware
house is, if you know which to take, & y' he did because both
were concined to him; some few dayes after, John Tompson
came to enquire after this beife & he supposed ye manner of
his enquiry some could speake to, but the issue was he went
to Mr. Newman, or magistrate y* then was, he charged him to
be a notorious liar, both before he went & there, & w'h theft,

1658] JURISDICTION OF NEW HAVEN. 249
y* he had stolne from him to barrells of beife; this is the
[164] breife, he desired that || any debate betweene them
before this time may be vnderstood as not propper to the case.
The defendant answered that he was here charged w'h an
action of defamation in high degree, he desired to relate ye
case as it was betweene Mr. Mills & himself, but he, falling
into discourse of something y* past them in winter, was told
y' what he spake was not to the case, but was desired to
speake to ye busines in question, whether he had charged Mr.
Mills w'h stealing 2 barr of beife, to wch he answered he had
so charged him ; he desired further to speake in ye case, wch
he related to stand thus, Mr. Bryan ordered mee (said he) to
pay to Mr. Mills 41' 16s 9d, wch I acquainted Mr. Mills with &
pffered to deliver him 2 barr of beife if hee would pay me ye
rest, but at that time we agreed not, afterwards coming by
M1'. Atwaters warehouse I found my beife was gon, at wch I
was much troubled, but Mr. Mills shewed an order from
Ensigne Bryan to receive of John Tompson 2 barr of beife,
what they came to more then 4n. 16. 9d it was inMr. Mills his
liberty to pay either to John Tompson or Ensigne Bryan.
The Gouernour declared that he had heard much of this
case privately, & had told John Tompson y' what he said
would amount to nothing.
The testimony of John Downe, taken vpon oath ye 12th of
ye 2d moneth 1658, was read, who affirmed that he heard John
Tompson say y* he did give Mr. Mills leave to open ye other
barr of beife, Mr. Mills replied y' he will not open it but will
take it vpon his word, because he said it was all ona beife,
John Tompson told him, when he desired to take it out he
should goe to Daniell Hopper & he would deliver it, for he
had the charge of ye warehouse. It being demanded of Jo
Downe whether he heard of noe condition mentioned to Mr.
Mills when he had order to receive the beife, he answered he
heard no.
John Tompson denied that he gave any order to Mr. Mills
to goe to Daniell Hopper for the beife, but John Cowper
affirmed that he had formerly acknowledged it, the gouernour
also said that he had acknowledged that before him.
32

250 RECORDS OF THE [1658
The Court having heard the case, propounded to ye plan
teife what damages he expected from John Tompson for the
wronge he had done him, to wch he answered that ye charge
was in itself of a high nature, & in respect to y" place wherein
God had set him, it was greatly prjudiciall to him, for if he be
a theife, who will put anything into his hand, besides ye hin-
derance of him in his occasions with his boat, so y* he looked
o himself wronged a 100u.
The Court haveing heard & considered ye case, by way of
sentence declared, that in refference to the prmisses, y' John
Tompson pay to Mr. Mills 2011 for ye wrong done to him in his
name, & 5U in refference to damage sustained in his occasions
with his boat ; the court further told John Tompson that his
stiffnes which had appeared at this time had hurt him, &
would hurt him if hee goe on in it.
Tho. Wheadon, planteife, ) Tho. Wheadon declared to ye court
John Meigs, defendt. ) y ' hee conceived y' he had received
wronge from goodman Meiggs. For to make it appeare, he
prsented an indenture to ye consideration of y court, wch
[165] being read || John Meiggs desired to know wherein lay
the wronge, wch part of the couenant was not pformed ; to
woh Tho: Wheadon answered, in y* he was not taught the trade
of a currier. Willm Potter in ye' behalf of Thomas Wheadon
declared y' he conceived ye man had great wronge in y* he
was not taught y" trade. The gouernor demanded of Jo.
Meiggs what he had to say why Tho. Wheadon was not taught
ye trade according to ye couen' ; to wch he ye sd Jo Meiggs
answered, y* he was to serve him 7 yeares fro ye time he came
ashore, & y* when they were in ye shipp he did voluntarily
engage to teach him ye trade ; afterwards, when he came to New
Engl, Mr. Gilbert desired one of his servants, at last he came
to this, y* if Tho Wheadon were willing, he should have him
for 5 yeares, vnto w°h Thomas Wheadon consented. Now
two things he had to say, first y' the engagem* to teach him
ye trade was on his part voluntary, & ye 5 yeares to Mr. Gilbert
was by his owne consent. The defendt prsented an indenture
whereby y= said Tho: Wheadon stood bound vnto a mr in Eng
land, wch he affirmed was delivered him by his said mr, & his

1658] JURISDICTION OF NEW HAVEN. 251
whole time was assigned vnto him, wch Tho Wheadon denied
& said y* one Jo Rabbins who then came ouer could take his
oath y* he himself had y* indenture in his keeping in the shipp,
who being asleepe in ye boat, the mr of y6 shipp tooke this
indenture out of his pockett & kept it 2 or 3 dayes, & after
wards calling him into ye great cabbin ye master & mate reade
it. John Meiggs was told that if this be true, then y* wch he
said was not, & y* it was irrationall y* he should have an
indenture fro his mr in England without a assignement ; to
wch Jo Meiggs answered y* he conceived y* he had ye inden
ture of his mr, wch ye court takeing notice off, minded him of
his too much confidence, first in saying positively y* he had ye
indenture of his mr, & now y* he only conceiv'd so.
Tho Wheadon produced ye testimony of Jo Rabbins as fol
loweth, That John Meiggs bound Tho Wheadon, when he was at.
sea from his freinds, to be his servant 7 yeares, pmising to
teach him ye trade of a currier or cause him to be taught so y'
he might be a pfect workeman in his trade, yet Tho Wheadon
being much troubled & not willing to serve so longe nor yet
willing to set his hand to ye indenture for any longer time
then 5 yeares & gave this reaso in these words, Why should I
be bound for 7 yeares & Jo Rabbins but for 4, & wept very
much; his mr answered him hastily in these words, Thou
foole you, thou wilt have a better trade then Jo Rabbins, thou
maist get 10ss in a day. This I shall testify vpon oath if a
require. I, John Rabins.
Which being read, ye court told him y* this had a shew of
circomvention of Tho: Wheadon. It was demanded ye reason
of ye 3 yeares disproportion in time betweene Rabbins &
Wheadon, to wch Jo Meiggs answered, 1. Jo Rabbins had a
trade before, 2. Wheadon voluntaryly engaged 5 yeares to
Mr. Gilbert, & if any question be about his earning 10s a day,
he himself had curried 3 hides in a day. Christopher Todd
[166] propounded to ye || court y' he conceived y' this was
worthy of consideration what Jo Meiggs had said y' he could
earne 10a a day; ye court told him y' this looked too like
flapp them on, wch was an offensive passage in John Meiggs
formerly witnessed against by y8 court.

252 RECORDS OF THE [1658
John Meiggs further sd y* he conceived y* had ye whole 7
yeares beene to Mr. Gilbert by his consent, he had done him
no wrong ; to wch ye gouernor repfied y* Wheadon was not of
capacity to dispose of himself, & that John Meiggs should not
have supplied his engagem*8 to Mr. Gilbert by makeing new
aggreements w*h such a one as Wheadon was, though by argu
ments he gaine his consent.
John Meiggs further pleaded that there were yet 2 yeares
to come, in wch he intended to teach him ye trade, & he would
vndertake in two moneths to teach a man ye essence of curry
ing. It was told him y* its knowne y' there is so much mis-
tery in ye trade y' "some after longer time then 2 yeares have
beene found altogether insufficient. A letter fro Rich:
Church of Harfford was prsented by Wm Potter and read,
wherein he declared y' he aprhended y' Wheadon had wrong,
being witbeld so longe from ye trade.
John Meiggs sd y* he vnderstood from Murwin of Milford
y* he would vndertake to teach him ye trade within 2 yeares.
Jonathan Rudd of Seabrooke was also ppounded; the court
told him y* one of them failed him, for he was a tanner, & the
other we heare. not what hee sayes.
Edward Church declared y* his father had a man at ye trade
4 yeares in England, who was insufficient for the trade, though
he had constant imployment, & y* he hath heard his father
say that there are but few y* can dress leather for y° good of
ye country.
John Meiggs desired y* 2 yeares might be tried, & if in y'
time he do not answere his couenant, he would answere ye
damage ; to wch yB court answered they must not run so great
a hazzard. John Meiggs desired y' a mistake in ye indenture, concern
ing y" date of it, may be rectified ; he was told y' if there be
a mistake, it may be considered, but for the business itself,
though he prsent a writeing referring to a mr in England, yet
it doth not appeare that he had any right to him, either from
his mr or parents, but y* he was a free man, he was told y'
he was placed there by authority, therefore an alteration,
especially such as this, to transplant a man from England

1658] JURISDICTION OF NEW HAVEN. 253
hither, in reason should be by the same power, wch doth not
appeare, but only an agreement with an orphan, w'hout con
sent of master or magistrate, (for ought appeares,) is prsented
as ye ground of y" claime, & y' agreement drawne on vpon a
delusive speech or argument vsed to him, of earning 10s a
day. To which Jo Meiggs replied y* he had no neede to vse such
an argument, if he did, wch possibly he might, for he had suffi
cient right in him before ; he further said y' y' passage, of
earning 10s a day, was not proued, to wch ye court replied,
letting y* pass there are prcedent things wch will be sufficient
ground for the court to pceed vpon. It was'theefoe declared
by way of sentence, that they see not cause to binde him ye sd
Tho: Wheadon any longer vnto Jo Meiggs, only ye engagem'
to Mr. Gilbert he must pforme. Ye indentures concerning
Tho. Wheadon are to be kept by ye secretary, y' if hereafter
John Meiggs shall make any thing appeare, ye law may be
open for his releife.
[167] || Benjamine Wright of Guilford being bound ouer to
ye court of magistrates to answere to sundry miscarriages &
misdemeanours, for wch had been formerly questioned by ye
court at Guilford, being called now made his appearance.
The pticulers charged against him being read, ye gouernor
demanded of Wright what he had to say to these things y*
were here declared against him, to wch Wright answered that
he had alwayes acknowledged ye sinfulnes of his carriage in
ye manner of it.
It was demanded of him whether the things charged vpon
him were true or not, to which Wright answered he could not
tell, he had desired a coppy of ye court pceedings & what they
had against him, but could not obtaine it, therefore was not
prpared to give his answere at this time, he therefore desired
y* ye court would forbeare him till some other time, wherevpon
goodman Hubbard affirmed & said that he had pffered him to
reade ouer to him the charges against him & y' he might
himself take them in writeing, & besides it was further declared
that he had ye heads of all given him.
Benjamine Wright now falling into a fainting fit, the gou-

254 RECORDS OF THE [1658
ernour wisht him to consider the pvidence of God towards
him, that as he had beene smiteing at the authority of God,
so now God came vpon him as if he would kill him.
In ye afternoone Wright being againe called, was asked
whether he were now fitt to answere to ye case, to wch he
answered he was not ; furthermore Wright againe renewed his
request y* he might have a coppy of what was charged vpon
him and said he should apply himself to consider of his sin in
ye sight of God, wch being also moued by y° magistrate & dep
uties of Guilford, ye court consented, but Wright was withall
minded that there lies a bond of 50u vpon him in ye meane
time for his good behaviour.
Thomas Mulliner appeareing before ye court declared, that
concerning a sentence y' lately past in Newhaven court, in ref
ferrence to a pcell of land bought of Mr. Goodier, he was vnsat-
tisfied w'h, he therefore desired to make his appeale vnto this
court. A coppy of the pceedings of ye court at Newhaven was
prsented by him, wch being read, ye court asked Tho. Mulliner
where was ye error in this sentence. To make y' appeare, he
prsented a writeing drawne vp by himself, also a writeing con
taining the agreem' betweene Mr. Goodier & himself, both wch
being also read, it was demanded what he pleaded from ye
couenant, it concludes ye quantity & scituation, was not this
done? To which Tho Mulliner answered, y' whereas Mr. Goodier
sould him a 170 ace. of vpland, he conceived it must be such
as other men ordinarily have for their accomodations, whereas
he had rockes laid out instead of land, wch he vnderstands
since are towne commons.
It was answered y' he was offered in a towne meeting, y' let
Mri3. Goodyeare & he agree, & if there be enough on ye
plaines for both, he may have his land there & leave out y'
rocky land for ye townes vse.
The Court haveing thus far heard, gave no sentence in ye
case, but advised that ye businesse be respitted for some time
in expectation of Mr. Goodyeares returne out of Engl, who
can best cleare his owne intensions & agreements. That part
of ye businesse for wch Tho: MuUiner was bound ouer to y6

1658] JURISDICTION OF NEW HAVEN. 255
court of magistrates was not entred vpon at this time, but ye
sd Tho Mulliner stands liable to answere his miscarriages
therein when he shall be called therevnto by ye court.
[168] || Wm Newman of Stamford appeared in court to
psecute in a action of ye case against Peter Disbrow, who
being called, answered not.
A petition from Mr. Van Goodenhousen was prsented,
wherein he desired y' whereas Mr. Wm Westerhousen, some
time of Newhaven, was indebted to him 19, 11s, 7d, there
being an estate of his in ye hand of ye treasurer wch non
lookes after, y' he might be satisfied his debt out of that estate,
wch ye court considering did order y' ye sd some of 19H 11s 7d
shall be dd to him, pvided y* he put in security to y" court to
be accountable for such part of it as shall be found to be aboue
his pportion when ye other ceditours appeare & ye estate
comes to be devided amongst them ; the house he lives in he
propounded for security, but whereas ye estate, or part of it,
was now in ye hands of Mr. Hudson, it was referred to y° court
at New-haven to speake wth Mr. Hudson & himself, and to
determine ye time when it shall be delivered to him & to take
security of him.
Henry Tomfinson appearing before the court to attend ye
issue of ye businesse in question longe dependinge, concerning
wines & liquors bought & drawne by him when he kept the
ordinary at Milford, not dewly entred by him, & y* after an
acc° had been demanded of him. The passages in court, in
May, 1657, & in October, 57, being read, it thereby appeared
y* for default in dew entry & paym* of customs & excise of
wines and liquours he had made forfeiture to ye vaUew of 140a,
for ought to the contrary that then appeared, but he being
sicke & thereby disabled to attend ye court, ye business was
respitted, in refferrence to the finall issue, to some other time.
He being now prsent was told y* ye court was ready to heare
what he had to say in ye case, why the forfeiture dew by or
law, as ye case was then vnderstood, should not be required of
him. To wch Henry Tomlinson answered that he was (at least for
some time) ignorant of the law & who ye officer was to who

256 RECORDS OF THE [1658
he should give in ye acc°, & further he sd y* being about to
buy some liquors of Mr. Fenn, he told him they would be
deare by y' time ye customs & excise was paid, Mr. Fenn
answered he need not trouble himself for yt, he might forbeare
vntill it did appeare what Stamford & other townes did doe
concerning their customs ; he also declared y' he was told y'
Mr. Fenn did not make entry of some of his owne, which pas
sages (he said) gave him ground to thinke y' there would be
a cessation of customs for that yeare.
Mr. Fenn being desired to speake, declared, y' it was true
he told him y* other townes were slow & y* he might forbeare
to pay it vntill it was seene what was done by other plantations,
but withall he had alwayes advised him to keep a acc° by him,
& had since demanded an aecount of him, & when a acc° was
demanded of him, he giveing in only 8 anchors of liquours,
the court finding so little entred, having ground to judge yt
more was dew, desired him to looke after it, wch he did, but
no acc° could he gett of him ; vpon y' he went to Ensigne
Brian & desired him to informe him of what wines & liquors
he knew off bought by Hen: Tomlinson, who gave it him in
writeing, wch he brought to New-haven.
[169] || Henry Tomlinson was told by ye court y* whereas he
had pleaded ignorance, he had ye law to direct him, they fur
ther minded him y* he was advised to keepe a acc° by him,
and y* now, when it was demanded, he should give in an acc°
only of 8 anchors of liquors, when much more was dew, it was
not faire, but to be witnessed against ; and that had he failed
in not paying it, had he had ought to ppound, it might have
beene considered ; but when a acc° is required, that he should
give in a falce acc°, & thereby goe about to deceive vs, what
could be sd but why this should be witnessed against with
seuerity; yet neuertheles, ye court enclineing to ye most
favourable way, (w*h safety to ye law,) did againe propound
to Hen: Tomlinson what he had more to say, whereby to take
off any part of this vnder consideration from forfeiture; to
wch end he declared that 10 anchors of these liquors did belong
to other men, & y* 4 anchors were sould by wholesale, while
ye retailer only paid, y* one barr. of sack he carried to Stratford,

1658] JURISDICTION OF NEW HAVEN. 257
half a barrell of sacke was lost by leakadge, 3 hogsheads of
clarret & w* wine sould for vineger, all wch he desired might
be discounted; to wch ye court condescended, & findeing y«
remainder to amount to 30H, it was by sentence of court
declared to be forfeited & must be paid by Hen: Tomlinson
within a yeare; for pformance of wch Ensigne Brian, being
prsent, vpon ail engagem* by Nicholas Camp at prsent made
for his security, Ensigne Brian alike engaged to stand as Hen:
Tomlinsons security to ye court for ye paym* of ye debt of 301'
abouesd. Ensigne Brian declared that whereas there was a warrant
served vpon him at ye sute of Hen: Tomlinson, to answere him
at this court, y* the matters in difference betweene them were
ended, vnto wch ye sd Hen: Tomlinson assented.
Ensigne Bryan also desird to give in his answere to a inform
atics given in ag' him in October last, concerning 5 pipes of
wine by him not entered, wch was this, y* he being ye officer at
Milford to take notice of ye entry of wines & liquours, it was
his manner to bring in his account once a yeare to the jurisdic
tion treasurer, & so he did concerning ye wines in question,
wch defence of Ensigne Bryan y" court accepted.
The last will & testament of Jasper Stilwell of Guilford was
prsented, made the 9th of Nouembr, 1656, witnessed by Geo:
Hubberd, George Bartlet, proued in court at Gilford Nouembr
23, 1657.
An inventory of ye estate of yB sd Jasp Stillwell was also
presented, amounting to 210u 17s 10d, taken Nouembr 15,
1656, the apprizem* made by Wilfiam Dudly, John Fowler &
Hen: Kingsnorth.
An inventory of the estate of Jo Peakins of Newhaven,
taken by Tho: Munson & Wm Russell the first of February,
1657, was presented, amounting to 1411' 12s 2d, at a court at
Newhaven ye 6th of 2 moneth 1658, ye sd apprizers attested
vpon oath y' it was a iust apprizem' according to their best
light. An inventory of ye estate of John Jones of Newhaven, taken
the 10th of Decembr 1657, amounting to 311'' 4s lld, attested
vpon oath by Jo Nash, Mathew Moulthropp, Gervase Boykin,
33

258 RECORDS OF THE [1658
to be a true apprizem* according to their best light, at a court
at Newhaven March 2d 1657.
[170] || The last will & testament of the Honourable The
ophilus Eaton, Esqr, ye late gouernour of this colony, was
presented, written, sealed & subscribed, as is conceived, by his
owne hand, but being not attested by any witnesses therevnto,
could not be legally proued, wherevpon at the desire of M"s
Ann Eaton, ye widdow of the deceased, ye court granted her
letters of administration to be aiiexed therevnto, w°h was
accepted by her.
Also an inventory of the estate of ye aforesaid Theoph:
Eaton, Esqr, was prsented, amounting to 1440u 15s 7d,
besides an acc°* betwixt y" estate & Captaine CulHck, and
betwixt Mr. Goodyeare & ye estate, both wch remaine vncleared,
but to be added to or taken from y" estate, with any other
accounts woh shall appeare iust, as there shall be cause ; wch
inventory, in respect of ye pcells, was attested by Mr^ Eaton to
be full according to her best knowledg, a peice of plate vallewed
at 40H, & ye bed on wch she lay, wcn shee claimed as her pper
estate, excepted, wch ye court allowed to be left out of the
inventory, prouided y* shee cleare ye ground of her claime to
y" satisfaction of her children wch are interested in yB estate.
Mr. Math: Gilbert, Mr. John Wakeman & Mr. Richard Miles,
attested vpon oath y* the apprizement was iust, according to
their best light.

At a Court of Magistrates held at Newhaven for Ye
Jurisdiction, the 20th of October, 1658.
The Gouernour,
The Deputy Gouernor,
Mr. Mathew Gilbert, )
Mr. Benjamine Fenn, > Magistrates being p'sent.
Mr. Jasp Crane, )
Thomas MuUiner appeareinge to psecute his appeale, entred
ye 26th of May 1658, was told that ye court was now ready to
heare what he had to say in y* case, woh being declared,

,1658] jurisdiction of new haven. 259
Thomas Mulliner desired that ya couenant concerning Mr.
Goodyeare & himself might be pused, it being conceived by
some y* ye land he posest, (at least some part of it,) did be
longe to ye children of Mr. Lamberton, but the lands (he sd)
were neuer devided betweene Mr. Lamberton & Mr. Hick-
cocks, (since sould to Mr. Goodyeare,) as Mr. Crane (he
said) could testify.
He desired y' ye alienation might be also considered, for
hee conceived y' what was by some witnessed at y" court was
not vnderstood, who affirmed y' he had said that he was to
have his meadow in ye coue, (called Mr. Malbons coue,) wch
he sd was spoken vpon this occasion, his house being settled,
he had a eye to a peice of meadow belonging to Mr. Wake
man, y* it might be purchased for him by Mr. Goodyeare, w°h
Mr. Goodyeare was willing to attend, (as their was cause he
should,) but that meadow was not attained ; now (sd he) my
alienation sayes that my vpland should ioyne to my meadow,
[171] Mr. Goodyeare laid mee out 18 ace || of meadow at one
end of my vpland, & 12 at ye other, wch he conceiv'd did de
termine the bounds of it ; he further pleaded y* ye land now
taken from him was fenced in & improued 2 yeares before Mr.
Goodyeare went away, who objected not against it.
Leiftenn' Nash & Ensigne Lindon being appoynted by ye
court at Newhaven as defendants in this action, as also to
psecute against him ye breach of a bond of 50U, wherein he
engaged for his good behaviour, vnto the business now in hand
answered, that most of these things now spoken or court hath
heard, they supposed y* Tho Mulliner was vnsattisfied because
y8 feild is taken away from him, for he pleades y* his vpland
& meadow should ioyne together ; the case they declared to
be thus, there grew a question betweene him & ye tennants to
Mr. Goodyeare, they vnderstanding y' he laid claime to the
whole or most part of the neck, wherevpon Mr». Goodyeare
came to yB magistrate and debated ye case with Tho Mulliner
before him, & vpon his desire a surveyour was procured to
lay out his land & he charged not to hinder ye surveyor in his
worke, but he opposing, ye questio further grew on, that M™.
Goodyeare brought it to ye cOurt, who considered ye couenant,

260 RECORDS OF THE [1658
alienation & testimonies, and gave sentence in ye case; what
ye sentence was & ye grounds of it, ye records testify, wch
were read ; the couenant betweene Mr. Goodyeare & Tho
Mulliner was also read, & he asked what he interprted
therein to be contrary to yB sentence.
To wch he answered that it is said in ye records y' Mr.
Goodyeare had an apprhension that his pportion would take
in neare all ye necke, to wch it was answered y* it was an
error if Mr. Goodyeare did so aprhend, & that the couen'
sayes only y' he was to have 170 ace. on this neck.
Tho. Mulliner further pleaded y* ye vpland must ioyne to
the meadow, woh it cannot do if he have not the feild now in
question. The defendants answered, that it doth appeare by testimony
y* he was to have all his meadow in Mr. Malbons meadow,
wch was spoken by Tho Mulliner himself, as was affirmed by
Timothy Ford & Thomas Johnson, and that Abraham Dow-
little had testified y* he heard Tho Mulliner say, if Mr. Good
yeare would let him have that peice of meadow out of Mr.
Lambertons meadow, wch lies neare or adioyning to ye feild
in question, he would take it for y* he wanted in Mr. Mal
bons cove.
George Smith also affirmed y* he haveing heard y' Mr.
Goodyeare was about to buy a peice of meadow for Tho
Mulliner of Mr. Wakeman, he observeing this 12 ace. in Mr.
Lambertons meadow lay not convenient to their farme, they
agreed y' it should be ppounded to Thomas Mulliner y* he
might have it, vpon this yB defendants pleaded y' it doth ap
peare y* this 12 ace. came in by a after agreem*, & therefore
it doth not appeare but y* the vpland should lie by Mr. Mal
bons coue, where it was intended he should have all his
meadow by ye first agreem*.
Tho. Mulliner desired that ye alienation might be againe
considered, wch sayes his 12 ace. of meadow adioynes to his
vpland. It was told him y* it doth not say to his vpland, but
to ye vpland, wch describes ye manner of the lying of the
meadow. [172] || The defend'* further pleaded y' it was said by

1658] jurisdiction of new haven. 261
Tho MuUiner y* his vpland & meadow must ioyne together,
now he grants that 18 ace. of his meadow is in Mr. Malbons
coue, & so it doth adioyne together according to the courts
determination. Tho: Mulliner prsented a draft of the land, drawne out by
himself, but was told by Mr. Crane, who well knew ye land,
that y" draft was not right, therefore not to be made vse of
by ye court.
Leiftenn' Nash desired y* it might be remembred y* at ye
court of magistrates, the 30th of the 4th Moneth 1657, they
haveing had information of sundry miscarriages cofhitted by
Tho Mulliner, did order y* he should put in security for his
good behaviour for ye future, or remoue himself to some other
place, the takeing of wch security was referred to Newhaven
court, now he being called, at the first shewed himself vn-
willing, but thought rather to remoue, but afterwards engaged
in a bond of 50H dewly to attend ye lawes of y8 jurisdiction
& of this place, & to walke peaceably & inoffensively to all,
& not to be injurious to any in their names or estates. He
desired y* what is since vpon record concerning him may be
read and considered, whether he have not broken ye said bond ;
woh records being read, it appeared that ye said Tho Mulliner
hath been found guilty of many great miscarriages, contrary
to that engagement, pticulerly his offensive carriage, & y' in
contempt of authority, when ye surveyor was attending his
worke appoynted him by ye magistrate, in pulling vp the
sticks & throwing them away, & saying vnless they bound
him hand & foote, & carried him to prison, he would hinder.
Which Thomas Mulliner now excused, (as he could,) alleadg-
ing y* he looked o yt woh was spoken by ye magistrate as
words of counsell, not of cofhand, & yt he aprhended yt the
men appointed to lay out his land would so run ye line yt he
should loose not only ye feild but his house also, wch he
thought would be remediless when once done, <fe yt he was
put vpon doing thus to pacify his wife, who was much troubled
at it, who he feared would miscarry, (being now with child,)
if it were not prvented ; he further sd yt he neuer did any
man wrong, to woh ye court replied that herein he spake as an

262 RECORDS OF THE

[1658

audacious man, for he had wrought much disturbance to
many, viz*, to Geo. Smith, Wm. Meaker, Rich. Sperry, as ye
records testify ; and y* he hath carried it contemptuously
towards ye authority of ye place, not submitting nor attend
ing to what was spoken to him by ye magistrate in way of
comand, not of counsell only, (as he cald it,) ; & whereas he
sd y* he thought yt if his land were once laid out it would be
remediless, & yt he should loose not only his feild but his
house also, he was told y4 it was then said to him, yt if his
feild should fall without ye line, it should be considered after,
woh was the thing in question, & not ye house as he prtended.
Leiftennant Nash further declared yt it appeares by ye bond,
yt he stands engaged not to be enjurious to any in their names
or estates, but ye last court at Newhaven a business was
heard betwixt Willm Meaker & Tho Mulliner for charging
Wm Meaker yt he offered to take a falce oath, wch he proued
not. Tho: Mulliner desired now of ye court that there might be
a convenient time allowed him to remoue out of ye place. He
[173] was told that || it will be the care of the court to see
that he carry it well in yB place while he stayes, but if he
chuse to remoue, he may do so.
The Court haveing heard ye seuerall pticulers alleaged
against Tho Mulliner to proue ye breach of his bond of 50'',
wherein he stood engaged for his good behaviour, declared
ye same to be forfeited, & did leave it to Newhaven court to
call for it when they see cause, & ordered yt Tho Mulliner shall
againe put in security to ye satisfaction of Newhaven court
for his better carriage for ye time to come.
Which being done, the question concerning ye land comeing
againe vnder consideration, William Meaker testified, yt Mr.
Goodyeare said yt Mr. Mulliner was to have his land by Mr.
Malbons coue, & not in any other place to hurt the farme.
Ralph Lynes also affirmed that when hee vnderstood yt Mr.
Mulliner claimed most of the necke, he spake to Mr. Good
yeare of it about six weekes before he went for England &
told him yl he had spoiled ye farme, Mr. Goodyeare said, nay,
for Mr. Mulliner was to have his land by Mr. Malbons coue.
James Clarke affirmed the same.

1658] JURISDICTION OF NEW HAVEN. 263
Mr. Mulliner was told yt it appeares by many 'testimonies
yt must not be laid by, y* it was intended that he should have
all his meadow in Mr. Malbons coue, & y* Mr. Goodyeare hath
said to sundry, that his land must lie by Mr. Malbons coue,
and some of ye witnesses say yt he himself hath said that
he was to have his meadow there ; it was true y* an ouersight
in Mr. Goodyeare doth appeare, y' he did not seasonably stopp
him in ye improuing of this land y* might be a occasion of
expectation y* he should enioy it, yet withall they see not,
ye writeings & testimonies being considered, but y' he might
be held to take his land by Mr. Malbons coue, but because he
hath had occasion given him to expect this land in question
by Mr. Goodyeares not witnessing against it, as he sayes,
therefore ye advice and determination of yB court is, y* a
survey of the land be taken & y' Mr. Goodyeares land being
laid out, Mr. Mulliners land shall adioyne to it o y* side next
Mr. Malbons coue, yB distribution to be made by indifferent
men, so yt the other farme be not spoyled nor Tho Mulliner
wholly frustrated of his expectation.
John Bartrum comeing to ye court to sue out a divorce fro
a wife (he said) he had at ye Barbadoes, being convicted of a
lie, was fined 10s ; ye business of ye divorce yB court would
not medle with, but advised him rather to psecute this mat
ter (if he see cause) where ye state of ye question is better
vnderstood. John Baldwin & Bethia Hawes, both of Milford, being
warned were cald before the court, they both appearing, Mr.
Fen declared that he haveing heard it reported that Bethia
Hawes was wth child, he sent for her & asked her about it, to
wch shee answered yt'it was so, & laid it to John Baldwin,
wherevpon he sent for him & told him of it, but he denied it.
The examination more at large, taken by Mr. Fenn, was by
him delivered into ye court & read, which is as followeth,
The 12th 0f Octobr 1658, Bethiah Hawes being suspected
to be wth child, ye question was asked whether she was with
child, to woh she answered she was. 2d'y, it was asked by
whom, to wch she answered it was by Jo Baldwin, 3]y it was
[174] asked whether any other had || not had fellowshipp wth
her in that way but he, to wch she answered y' non had knowne

264 RECORDS OF THE [1658
her in yt way but hee, for she said yt she was a maid till
then. It was asked when this was done, she said it was in
Aprill last, but what time shee could not tell. Further it
was asked her where this was done, to wch she answered it was
done in her masters yard, standing vp by five railes, between
the broad gate & ye old house next the highway, & further she
said they were standing all ye while & yt he neuer had to doe
w'h her in any such way any other time nor y* there was any
familiarity betweene him & shee any other time, and y' she
did not receive any pledge from him at any time ; further she
sd, she neuer received any thing from him at any time ; fur
ther she said she was not aboard any vessell in ye night at any
vnseasonable time ; and further she said, being questioned for
being aboard some vessels, y* she was aboard no vessell at
any time, but that of Richard Brians, & but twice of y', & y'
was in ye day time.
Jo: Baldwin denied ye fact, but Bethia did owne what was
contained in ye examination to be so.
Mr. Whitman declared y' ye question yt was put to her,
whether there was any familiarytie, betweene him *& her at
any other time, she might not vnderstand ye word familiarity.
Jo Baldwin was asked whether he did ever kiss her ; yt he
confessed he had done. It was demanded of John Baldwin
whether he had not vsed to keep company with her, to wch he
answered, not in any vncivell way, but he haveing a child at
nurse at goodwife- Denisons, as he went & came y' way she
would be asking him how ye child did. He was asked
whether he had not beene with her alone. Vpon that Mr.
Whitman declared that his wife found them together in the
old house or stable, wch he also confessed. For the further
clearing of ye case, the testimony of Joseph Pecke was read
who saith, that one evening he came by Mr. Whitmans, &
there he found Jo: Baldwin & Bethia Hawes together, only
the railes betweene them, and this was when Jo: Baldwins
child was at nurse at Robt. Denisons.
James Prime testifies, that on one evening, after day light
was shutt in, hee see John Baldwin & Bethia Hawes together,
only railes betweene them, & then there was folk in ye street.
Goodwife Prime testifies that she see John Baldwin & Be
thia Hawes together after twas darke, ye railes betweene them.
Milford, Octobr ye 19, 58.
Which Mr. Whitman sd was at seuerall times & y* Joseph
Peck had said, y* he wondered y' Jo Baldwin should so soone
after ye death of his wife be so familiar with her.
Also the testimony of Edward Preston, in reference to some

1658] JURISDICTION OF NEW HAVEN. 265
suspicio of familiarity betweene Richd Marshall & Bethia
Hawes, tending to ye prsent crime whereof she is proued
guilty, was prsented & read. This deponent testifieth as fol-
lowes, I being in discourse w'h Richard Marshall, he spake
much in ye comendation of y° said Bethiah, & at the same
time added, y* he was a foole of a man y* could not have ye
vse of a maid & she not be w'h child.
Edward Turner likewise testifieth y* he heard ye sd Rich:
Marshall say, y* he was a foole of a man y' could not have ye
vse of a maid and she not be with child.
[175] || Sarah Firman & Elizabeth Hinde do testify, that
they heard Bethiah Hawes say y' her brother sent her a paire
of gloves, woh gloves she vpon examination owned to be ye
gift of Rich. Marshall.
Hannah Peston testifieth y' about the beginning of ye
moneth, Bethiah Hawes told her that folks in ye towne said
she had a great belly, but she did not know how she came by
it. Sarah Firman likewise testifieth y* she told the said Be
thiah that she heard a report about the towne y * she was with
child, to wch she answered she heard non of it ; she further
replied, if it were not so, were she in her case, she would en
deavor to cleare herself, Bethiah answered yt she was cleare
already. Elizabeth Hinde likewise testifieth y* she being at ye same
time with M™. Firman, advised Bethiah if this report were
falce to acquaint her M1'. & Mrs. with it, & she did not ques
tion but they would seeke to cleare her, her reply was y' it
was a lye, wch reply Sarah Firman likewise testifieth y* she
heard. These testimonies were given in vpon oath before me at
Milford, Octobr ye 19. 58. Benjamine Fenn.
Sargeant Baldwin exprest that he was desired to speake in
ye case though he had no delight in it, whereas it was said by
the elder that she might not vnderstand ye word familiarity, it
was also propounded to her vnder ye word daliance, she was
asked if there was no daliance preceding yt act, she answered
no, & she said that there was no familiarity betweene them at
any other time ; to that it was answered by ye court yt he had
confest he kist her, & yt was daliance, & yt seuerall testi
monies also say' yt he was familiar with her, to wch Sargeant
Baldwin answered y4 this was said, yt as he went to & came from
his child he had speech with her; he further said he would be
34

266 RECORDS OF THE [1658
far from darkening the case, but desired yt if the partie ac
cused be indeed guilty yt it might be knowne, but he had
something to propound yt to him made yB accusation doubt-
full, wch he desired might, be considered, he conceived that
there were passages in the examination wch are not written,
first she said that their were no prceding acts of daliance at
yt time spoken of, onely yB act, she was now asked if this was
true, she answered she remembers no daliance preceding,
she was asked how long they had been together before the
act, she answered she thought he was newly come into ye
yard when she had done milking & then it was done, she was
by ye court advised yt as she hath faine into a great sin, yt she
add not to it by accusing one to be guilty, wch is not so; it
was demanded of her whether she vsed any meanes to shun
him, she answered yt she prayed him to be quiet & he said he
would doe her no hurt.
Rich: Baldwin desired y* it might be considered whether by
some of the testimonies given in there doth not appeare in
her palpable contradictions, in saying first y' her brother sent
her a paire of gloues & afterwards owned them to be ye gift
of Rich. Marshall, he said he saw no reason, first, why she
should contradict herself, secondly, why she should conceale
the doner Rich. Marshall, wch vntil necessity compeld her she
confessed not.
Bethiah was asked what she said to this yt was now spoken
[176] by Sargeant Baldwin, || to which she answered that she
remembers not y' she said her brother sent them, but that
they came out of ye Bay, & so they did, for Rich. Marshall
brought them thence.
Mr. Whitman declared y' yB ground, as he tooke it, why
Richard Marshall gave her these gloves was this, he dwelt in
his house & she washt for him, therefore he might give them
to her, & she concealed them not from her m" ; ye court de
clared that this ground spoken of was lawfull & honest.
Richard Baldwin further said, he could not but marvell y'
she should say she knew not how she came by her great belly,
as the testimony given in declares as spoken of a time not
aboue a fortnight before the examination ; another thing Sar-

1658] JURISDICTION OF NEW HAVEN. 267
geant Baldwin desired might be considered, that she hath not
scattered such wayes of wantoness only to him, to wch it
was answered y' it doth aggravate his guilt that he would
keep company with her at vnseasonable times, she being one
of so bad a carriage.
Sargeant Baldwin declared y' it hath beene said y' she had
spoken to sundry weomen to speake to some to come a wooing
to her, woh she being asked denied, but Mr. Fenn sd that one
woman gave such a testimony, & Bethiah being sent for backe,
she would not come but said y' if they had any thing to say
they might have spoken while she was there.
The Court told her that she was one that had spoken falcly
as the witnesses affirme, & y' she hath beene of a light car
riage, & ye same is found evidenced concerning the man in
his carriage towards her.
Sargeant Baldwin sd y* one time indeed spoken off, viz, his
being in ye house with her, cannot be excused, he hath owned
y* he was with her there, but withall he sayes she was milking,
& one coming by, he went into ye house, wch is an open house
as he conceives ; as for the other times spoken off, he was on
one side of the railes and she o the other, & he gives the rea
son why he past y* way, viz*, to visitt his child at nurse ; it
was by ye court answered y' he might easily prtend occasions,
but his carriages have been vnsattisfying in refference to her
who is now with child, & theres no other gives ground of sus
pition but himself.
Vnto wch Rich. Baldwin returned, that there is something-
testified concerning another man, & he hath observed be
tweene them such familiarity this day in bringing her from
Milford & keeping company with her here, as renders him,
viz' Rich. Marshall, suspitious.
To which Mr. Whitman answered yt she could not ride
alone, therefore he rode before her, & his being with her
today was wth respect to ye court, haveing heard y * something
would be spoken against him there, & besides he heareing of
her being with child when hee was at ye Manatoes, if he had
beene guilty he conceived he would not have come to Milford.
Richard Marshall was called & asked what he said to those

268 RECORDS OF THE [1658
base speeches mentioned in ye testimonyes of Edward Preston
& Edward Turner, to wch he answered that they were base
speeches indeed, but they were not spoken by him, if he had
so spoken he should not have beene vnwilling to suffer ; he
alleadged yt one spake of a time as they were going betweene
Dorchester & Boston, & the other cannot say where he heard
it, & besides yt they have a grudg against him. It was asked
why he objected not these things before the witnesses, he said
yt he did object, but was told ye ground why he objected was
not sufficient.
[177] || Sargeant Baldwin further said, yt Edward Preston
sd y* Rich. Marshall being oft left in charge with ye vessell
was gon fro the vessell, & he supposed y* when he was asked
where he had been he sd at Mr. Whitmans, & when he came
he was not fit for his business.
The Court haveing thus far heard, declared, as for Richard
Marshall, they take notice of base & sinfull speeches spoken
by him, wch words call for corporall punishment, but being
y° first time, the sentence was that he pay 20s fine to yfi
jurisdiction. For John Baldwin he hath rendered himself a suspitious man
to be the father of this childe, who hath confest that he hath
beene with her at vnseasonable times, kist her, & there is no
other accused by her, they declare y* they should wait to se
what the pvidence of God will discouer concerning him, in the
meane time they leave him as" a man vnder suspition, & re
quire y* he putt in security to 50u vallew, out of his land at
Milford, to attend ye court further in this matter when he is
called for, wch 50u he then engaged.
And for Bethiah, she is guilty of a horrible sinn, for wch
she must be accountable before God & to this court ; she was
told that she hath to doe with an allseeing God, who can write
her sin in her forehead, who is a jealous God, & will not be
daUied with. For her appearance at ye court when she is
called for, Mr. Whitma. now before ye court engaged.
Mns. Goodyeare & her children by Mr. Lamberton p'sent-
ing themselues before the court, she desired that ye portions
woh remaine vnpaid dew to the children, might be set out- by

1658] JURISDICTION OF NEW HAVEN. 269
ye court, vpon which pposition it was demanded of Willm
Trowbridge, ye husband to Elizabeth Lamberton, what he had
received of Mr. Goodyeare of the portion dew to his wife, he
said 60H, woh with her part of the land of Mr. Lamberton,
was found neare 12s too much, wch he pmised to be account
able vnto yB estate for. Mri». Goodyeare further desired that
certaine houshold goods mentioned in a writeing she gave in,
wch contained the better part of them, might be part of the
said portions, woh was declared to be no more then the neces
sity of their family cald for, wch ye court takeing into consid
eration & judging it better for ye estate y* all ye houshold
goods goe together, appointed her yB whole, also at her desire
granted that all ye cattelle, sheepe, horses, mares, hoggs,
carts, plowes, mentioned in ye inventory, should also go
towards ye discharge of the said portions, ye remainder was
left to be set out by Newhaven court, in land or otherwise as
they shall see cause.
Hannah & Hope Lamberton, being at age, were appointed
to reeeive their portions, wch they desired might be delivered
to their mother, for wch they are to give a discharge to New
haven court.
Deliverance, who is to have a double portion, & Mercy,
Desie, and Obedience, chose their mother for their guardian,
who accepted & ye court approved, vpon condition, as they
[178] told her, that if she || should change her condition, or
that ye portions of them vnder age should be in a wasting
way, or vpon any other iust cause, they leave it to Newhaven
court to call for & require security, or otherwise to dispose of.
the estate y* ye children vnder age be not wronged.
It was also propounded y* Mrs. Goodyeare might have &
enioy for her life, a third part of all houses & lands whereof
Mr. Goodyeare stood posest at his death, according to or
printed law in y* case, & that the thirds of Mr. Lambertons
houses & lands, hers before by vertue of a former law in force
wu Mr. Lamberton died, might be reserved entire to her, wch
ppositions in the behalf of M™. Goodyeare, the court at
prsent saw nothing but it might be granted.
Mrs. Goodyeare haveing resigned ye estate of Mr. Goodyeare

270 RECORDS OF THE [1658
vnder the power of Newhaven court y* so it might more fully
appeare that she desired that rules of righteousness might be
attended (as far as could be) towards ye creditor, this court
takeing y* matter into their consideration, did in psuance
of yt end, order that ye secretary should set vp a writeing at
ye meeting house dore at Newhaven, the contense whereof is
as followeth,
This may certifie those who it may concerne, yt whosoeuer is
debtour or creditor to ye estate of Mr. Stephen Goodyeare,
late of Newhaven deceased, is desired to bring in an acc°
thereof to Wm Gibbard, secretarie at Newhaven, betwixt
this & ye court of magistrates to be held at Newhaven ye
second day of the weeke next before ye court of ellectiony
the 4th day of the last weeke in ye 3d moneth, comonly called
May, next, at wch time ye court will heare & consider of the
seuerall debts demanded & ye proofe made concerning them,
& so order and dispose of ye estate as they shall then see
cause & ground for, that righteousness may be attended' as
far as light appeares.
MT. Peirson, plant'. \ Before the declaration of the case ye
Jo Cowp. and Math: > plant' prmised that he did not judge
Moulthropp, defendts. ) it vnlawfull for a minister of the
word to prsent his case to ye judgment of ye magistrate, for ye
determination of such civill controuersies as may arise betwixt
themselues & others ; for were it so, then should they be in
worse case in yt respect then other men, but he had not beene
forward this way, but had offered to these two bretheen to
put yB matter in question to arbitration & not be brought to
publique triall, but they told him yt. it concern'd an absent
man, therefore they thought it needfull to be determined by
ye court; wch being spoken, ye plant' in a action of the case
declared concerning a black dun mare taken vp & detained
by ye defend*8. But in ye psecution of yB action, ye plant, find
ing himself not prpared in poynt of testimony, at his desire it
was deferred till ye next court.
^ The third day of Nouembr next was appoynted for a day of
thanksgiveing through ye jurisdiction for ye mercyes of the
yeare past.

1659] jurisdiction of new haven. 271
[179] At a Court of Magistrates held at Newhaven
for the Jurisdiction, the 23th of May, 1659.
William East being by ye court at Milford bound in a bond
of 50u to attend this court appeared not, but instead thereof
sent a petition to excuse his non-appearance, wch was prsented
& read ; woh being done, Mr. Fenn declared y' the said William
East being found drunke, he acquainted their deputies with it
& according to the sentence of this court, the 21th of Octob,
1657, he was set in ye stocks at Milford, & further he declared
that he hath beene drunke since his stocking, & y* he himself
saw him so in his owne house, wherevpon he made enquiry
where he had it, & vpon enquiry found y* he had broached an
ankor of liquors in his owne house, & y* he spake to him as
he could to shew him ye greatnes of his sinne, & told him y'
if he would not dispose of the liquors within 24 houres, he
would send ye marshall to seaze it to prvent the abusing of ye
creature, but withall promised him y* it should not be embez-
zelled nor wasted, nor should he be hindered from selling it,
& y' ye sd Wm East gave threatening words, saying if the
marshall come, he had best to looke to himself; further Mr.
Fenn sd yt about ye time of 24 houres he sent the marshall to
looke after it & it was sould; wch being related, ye court
declared yB bond of 50H to be forfeited & may be cald for when
y8 court sees cause ; as for y8 petition prsented, they reject it,
& doe require yt Wm East make his appearance at Newhaven
at ye next court of magistrates. ,
John Heardman being bound ouer to yB court, appeared,
who was told yt he was to answere for great & gross mis-
eariages by him committed at Milford, wch Mr. Fenn, being
desired, more pticulerly declared yt Jo. Heardman being at
Milford, he was informed yt he was drunke, wherevpon he
wrote a warrant & sent it by y6 marshall who found him in
y' case, who required Jo. Heardman to come before him, who
came a little way but at last hitt his hatt o the ground & bid
the marshall touch him if he durst, so ye marshall laid hold
on him & gave him a fall, but ye sd Heardman was very
vnruly & kicked him yt was to assist the marshall, but at last

272 records of the [1659
they brought him before him, wherevpon he told him y* he
had heard y* he was drunke, therefore he had sent for him to
see the trueth of it, but Heardman denyed that he was drunke
& vsed many turbulent expressions, though he gave him no
occasion, & said y* he would tread him vnder foote, as he had
done him; further Mr. Fenn said y* he told Heardman y* he
was drunke as appeared by his reeling & staggering & ill
pnouncing of his words, ye word justice in pticuler, wch he bid
him express plainly but he could not ; further y' he told him
y* he was vnder ye breach of ye law & had beene formerly
punished by ye court, & yt now he should go on in such a way
did greatly aggravate his fault, to woh Heardman answered yt
ye lawes were his will, or words to yt purpose, to woh he
replied yt ye lawes were not his will, but he hoped according
to ye will of God ; after this Heardman threatened him & said,
[180] if he had him out of yB jurisdiction where || he could
have justice, he would deale w*h him ; to wch Mr. Fenn said
he answered, yt he had iustice heare by ye court who had for
former miscarriages laid a fine vpon him, some part of wch he
had secured, but had withall told him yt if he would see his
sin & give satisfaction to his wife & others yt he had wronged,
he would remitt a considerable part of it, or if yB court would
take a review & punish him another way he would submitt it
againe to them. Mr. Fenn further said yt he kicked yB mar
shall & called him begger, & said yt he would lie & sweare to
any thinge, vpon this he bid the marshall put a locke vpon him,
& told him yt he must goe to Newhaven except he put in
security, wch he refused to doe, & was comitted to ye marshall,
but afterwards security was given for his appearance.
Tho: Wheeler ye marshall was told if he any thinge to add
to what Mr. Fenn had said, he might speake, vpon wch he
declared yt the generality of the things spoken by Mr. Fenn
he remembers, & further to make it appeare y4 ye said Heard
man was drunke he declared yt when he came to fetch him
before Mr. Fenn, he spake words he vnderstood not, calling
vpon Mr. Pell to give him his oath, to wcl» when he answered
he was no magistrate, Heardman replied yt he was a magis
trate. Ye marshall now further sd y* when at last he was

1659] JURISDICTION OF NEW HAVEN. 273
willing to goe to ye magistrate, he sd he would have him to ye
magistrate. John Heardman was now asked if he owned this y' was
alleadged ag* him, he said he owned all, but excused it as he
could, saying yt he was ouertaken by drinkinge of rum. The
gouernour told him, were he a well conditioned man at other
times, his excuse were ye more to be regarded; to wch he
answered yt he was neuer so before, but was told that he knew
the contrary was proued, & yt his carriage hath not been only
thus offensive when he is drunke but at other times also, wch
to make appeare, Tho: Wheeler affirmed yt on yB morrow morn
ing he sd he was a very rogue & rascall, & y8 very scum of ye
country; to wch Heardman answered yt he knew not yt he
slept a winke all night, & yt it was two dayes before the drinke
was out of his head. Heardman was asked how much liquours
they had, to wch he now answered he knew not how much,
whether 3 or 4 quarts ; he was asked how many were at ye
drinking of it, to wch hee answered yt there was himself &
Cable, & Post, & Lockwoods sonne, wch ye court witnessed
against as an excesive quantity for so small a company, wch
ye court will consider of.
Mr. Fenn further exprest yt Heardman hath said that he
hath freinds would speake for him, being asked who, he
named Sargeant Baldwin, but he now said y' Sargeant Bald
win had alwayes given him good counsell ; to wch it was said,
had he given him more good counsell & less liquors, it had
been well ; wherevpon Joseph Waters informed y* he vnder-
stands y* there was half a score that dranke of this liquors,
but proued it not, but Mr. Fenn added y* Post was not as he
should be, & that it was reported that at y* time some yt came
this way could scarce gett vp vpon their horses, nor sitt when
they were vp. Heardma was told y* had it beene a single fact,
though in a grosse degree, yB court might have exercised lenity
towards him, but when it is spoken off as a thing vsuall to be
drunke, they saw not but he must be made an example vnto
[181] others. Heardman confessed y* he was of || a hasty
spirit, but was told y* it were to be wished y' he were not of a
malicious spirit against goodnes & those in authority, & yt he
35

274 RECORDS OF THE [1659
declared himself to be a sonne of BeHall, not subject to any
yoake, and yt if all men were of his frame, it would be a hell
vpon earth & no liveing among them.
Mr. Fen propounded yt if John Heardman would have a
re veiw of any past action he would answere him, to wch he
answered yt he had nothinge against Mr. Fenn.
The Court haveing heard ye pticulers alledged & proued
against John Heardman, declared yt they looke vpon his mis
carriages as exceeding great & greatly aggravated, giveing
out threatening speeches, trampleing the magistrate (as it
were) vnder his feete & ye lawes of y" jurisdiction, saying they
are the wills of men, kicking ye marshall, &c, declared that
his miscarriages call for corporall punishment, but he being
not well, they would not pceed yt way, but by. way of sentence
ordered, yt Jo. Heardman pay 10H fine to ye jurisdiction, &
yt he put in security such as ye court shall accept for his good
behaviour whilest he stayes in ye jurisdiction, in ye meane time
to lye in prison at his owne charge till security be given, & if
this sentence be not pformed v" court will consider some other
way. Sigismund Richalls of Brandford engaged himself <fe estate
to the vallew of 50]i for the good behaviour of Jo Heardman
for a moneth, & then to dd him to ye marshall if he answere
not ye sentence in ye meane time.
The Court declared yt according to a writeing sett vp at ye
meeting dore, by order of the court in October last, that any
yt have any claime to make to any part of yB estate of Mr.
Goodyeare deceased, they may now speake & yB court will
heare them & consider of yB grounds of such claime.
Mr. Henry Woolcott prsented 2 bills vnder Mr. Goodyeares
hand, both bearing date August 25, 57, yB one for 179u 19s,
whereof 157H was to be paid in money in London, ye rest in
currant country pay, ye other bill for 117' ' 5s 0d, whereof he
hath received 62' ' 9s, ye remainder is 234 15s, wch proofe ye
court accepted, he also pleaded for damages wch was left to
further consideration.
Mr. Crane & Mr. Auger in ye behalf of Mr. Hickcox of Lon-

1659] JURISDICTION OF NEW HAVEN. 275
don, demanded 401' w'h allowance for 8 yeares; ye 40*' was
allowed, ye forbearance left to be further considered.
Christopher Tod demanded, & by bill proued, a debt of 8U.
Tho: Dunke of Seabrooke, by his attorney John Cowper,
demanded ll'J vnpd of a bill of 50H, wch ye court at prsent saw
not but it must be allowed.
A bill from Mr. Goodyeare to Mr. Willm Paine of Boston,
dated July 30, 57, was prsented, & by it 10u 15s 3d demanded,
wch was allowed.
A debt of 4a 4s dew fro ye estate to Mr. Nicholes of Sea
brooke was allowed.
The inventory of ye estate of Mr. Goodyeare was shewed to
ye creditors y' were prsent, as also another writeing wherein
was contained ye estate remaining, Mr. Lambertons children
being paid, & Mrs. Goodyeares thirds by her demanded to be
deducted, as also ye bookes of Mr. Goodyeare were pr sented, &
withall it was propounded to ye creditors, y' if any of them
selues or any other fitt men that they should appoint would
take paines to serch ye bookes & make vp accounts w'h such
as should be found debto", & gather in & prserve ye estate for
ye vse of the creditors, & put it in a way (by sale of lands or
otherwise) y' it may be ye better fitted for distribution
amongst ye creditor in Octobr next, ye court would authorize
them therevnto.
[182] || Some questions also were propounded by ye creditors
concerning ye equity of Mrs. Goodyeares thirds, but nothing
issued to make void her claime. Sundry demands were made
vpon ye estate besides those before mentioned, but the business
not being sufficiently prpaed for a full issue, hopeing also y*
in y* time we may have intelligence from England, y* if any
business concerning the estate come thence, it may also be
considered ; in the meane time it is left w'h Newhaven court
to receive such proofe of debts demanded as is brought to them,
y' so a finall issue (if it may be) may be putt to this matter,
the 17th day of October next at one a clocke, wch is ye time
agreed vpon by y3 court to meet & consider of this matter, as
shall be declared by a writeing set vp at the meeting house
dore at Newhaven, by order of this court this 23th of May, 59.

276 RECORDS OF THE [1659
William Grave being warned to ye court, made his appear
ance, but the planteife a appeared not to psecute.
Edmund Barnes, a marriner & Quaker, beinge found ashore
was caUed before the court & examined, who being found
weak in his way, & it not beinge proued that he had vented ye
Quakers pnitious tenents, was comitted to the marshall to be
carried aboard, & he warned not to come againe ashore w'hout
license, & ye marshall ordered to serch for & seize any Qua
kers books he should finde, & bring them to the court. It
was also demanded of the mr of the shipp, wherefore he
brought Quakers amongst vs contrary to or law ; hee pleading
ignorance, & promising to doe his endeavour to keep him
aboard & to carry him out of the jurisdiction, was not further
pceeded against at this time.
Leiftenn' Nash, \ ^ Leiftenn' Nash, Sargeant
Gervase Boykin, > plant'. \ Boykin & James Bishopp,
James Bishopp, ) [as agents intrusted in ye
Rich: Baldwin, defendt'. j behalf of ye estate of Sam
uell Caffinch deceased, in an action of the case declared
against Richard Baldwin of Milford, concerning a gray mare
about 4 yeares ould, branded on ye neare shoulder with a S,
w*h a nach on ye further eare, her vsuall walke being betweene
Oyster River & Walnut tree Hill, or the parting of the river,
w*h a colt belonging to her; wch mare they conceive was
taken vp by Richard Baldwin & somtime detained by him, &
since sent out of the jurisdiction, & y* after he knew they laid
claime to her as belonging to yB estate of Samuell Caffinch.
Mr. Walker in ye behalf of Richard Baldwin appeared to
answere yB sute. Letters of attorney authorising both plan-
teifs & defend* being prsented were approued, but Mr. Walker
declared y* he had no order concerning the colt, only what
they had to say concerning the mare he would answere to; he
was told y* if ye mare was proued theirs, ye colt belonging to
ye mare would be found theirs also.
The defend* desired to know ye grounds wherevpon they
laid claime to this mare, the markes, both naturall & artifi
cial!, spoken of by ye planteifes, being the same as theirs hath,
& denied y* Rich: Baldwin had any foreknowledg that they

1659] JURISDICTION OF NEW HAVEN. 277
laid claime to her before she was sent out of the jurisdiction,
& affirmed y* it was neuer Rich: Baldwins mare, but alwayes
half Mr. Pells, & y* Rich. Baldwin was not the principle
[183] agent, but Mr. Pell, & that Sargeant Baldwin || was
only imployd by M.r. Pell, whose the mare now was, & further
y' ye mare was not fetched vp by any order from Richard
Baldwin, but was brought vp by accident, & he saw not but if
it were lawfull for them to take her vp & make him to cleare
his title in this jurisdicon, but y' it was lawfull for Mr. Pell
to put them to cleare their title in another jurisdiction, &
besides he knew not how Sargeant Baldwin could withold her,
being the mare was Mr. Pells ; but he was told that he might
have gone to ye magistrate, & acquainted him y* the mare was
claimed by another, & y* shee ought not to be sent away
before the case was cleared.
The plaint', further declared that they conceived yB case
was thus, there was a partible stocke betweene Mr. Pell, in ye
behalf of Phillip Scott, & Richard Baldwin, wch after some
time came to be devided, & y* in ye devision there was a gray
mare spoken of, half of wch mare fell to Mr. Pell, & ye other
half he bought, wch mare vpon ye first sight by Edward Camp
was to be accepted by Mr. Pell as deliuered, wch they conceive
was the mare in question, & being delivered, Mr. Pell sould
her colt to John Gibbs, vpon w«h occasion John Gibbs being at
Fairfeild, speaking with Mr. Pell, he told him y* Rich: Bald
win had sent to him to fetch the mare away, for others laid
claime to her, but Mr. Pell said, if it were theirs in Newhaven
jurisdiction it would be theirs there also, ye substance of woh
discourse was now by Jo Gibbs affirmed in court to be so ; for
the further clearing of ye case, ye plainteifs further declared,
that towards ye end of ye last winter, they imployed EdWard
Camp & Edward Dormer to looke vp the mares belonging to
ye estate of Sam: Caffinch, what past betwixt them as they
went they desired y* they might declare, vpolr w°h Edward
Campe first declared, y* before this time Rich. Baldwin had
desired him to bring vp such a gray mare, woh he described, &
y* hee asked him if he knew her, he told him he knew such a
one, but whose she was he knew not, he had heard yt Samuell

278 RECORDS OF THE [1659
Caffinch had such a one but he knew not his stoeke, & yt he
told him that he expected if he brought her vp that he should
be paid for his laboure whether it were his or not, wch Richard
Baldwin said hee would doe, & yt if it were his, hee would
owne her, if it were not his, he would turne her out againe, &
yt after this he told Leiftenn1 Nash y' he was desired to bring
vp such a mare by Rich: Baldwin, vpo wch Leiftenn* also
desired him to bringe her vp, & said if we have her they shall
proue it theirs before we let her goe againe ; Edw. *Campe
further said y* after he had seene the marke o ye mares shoul
der, he told John Burrall y* it differed fro Rich. Baldwins, to
which he answered, so it did fro Sam: Caffinches, y* might be
in ye setting on, vpon y* he told Leiftennt yt it was said y'
their brand agrees not w'h ye S. vpon the mare, to woh he
answered that they had two Ss:, one of wch, when he had
seene at Sargeant Boykins, he found it did agree wth that vpon
the mare, wch being found & driven to Mr. Whitmans yard,
Richard Baldwin owned her, afterwards being broke out or
putt out, ye stocke came to be divided, & half this gray mare
fell to Mr. Pell, who bought the other half, who was to accept
her as delivered at his, viz., Edward Camps, first sight of her,
afterwards going out w'h Edward Dormer, by ye appoyntment
of Leiftenn' Nash & Sargeant Boykin, to looke vp ye mares
belonging to Samuell Caffinch, as they went along in ye woods
he, not knowing them, enquired of Edward Dormer what ones
they were, Edward Dormer told him y' one was a gray mare
about 4 yeare old, wth a strait S. on the neare shoulder,
[184] which || had her walke betweene Oyster River & Wal-
nuttree Hill or thereabouts, as soone as he heard this, he told
Edw: Dormer y* this was ye very mare wch Richard Baldwin
laid claime to, wch they were to looke vp for him. Being
come neare to Oyster River they parted, Edward Dormer finde
ing the mare, he called to him & sd heare is Mr. Caffinches
mare, to whom he replied that this was ye mare y* Rich: Bald
win had desired him to bring vp for him. Edward Dormer
desired him to help him to bringe her to Newhaven, but he
refused, & told him y* he thought it not faire so to doe, being
hee had vndertaken to bring her vp for another; after this he

1659] JURISDICTION OF NEW haVen. 279
coming to Newhaven, he told Leiftenn' Nash what had past &
the reason why hee would not bring her home, Leiftenn*
desired him to send Rich Baldwin word that they laid claime
to this mare for Sam: Caffinch, & to desire him y' they might
have a sight of ye mare ; accordingly he did send to him by
Jo. Burrall, who said he told Richard Baldwin y* Leiftenn'
Nash claimed the mare for Sam: Caffinch ; afterwards hee told
Richard Baldwin at Milford y' ye mare was claimed, how & by
whom, & y' Edward Dormer had given such descriptions of
the mare before he saw her y' it tooke such impression vpon
him y' he thought it was Sam: Caffinches mare, & y' Edw.
Dormer would take his oath of it, & y* the markes did agree
with another of his wch they had taken vp, & that he told
Richard Baldwin that he vnderstood that he marked on y
other eare, to wch he answered y' his wife by mistake did
marke it on ye wrong eare when it was a colt, & further y* he
told Rich: Baldwin y* he doubted if it came to tryall he would
be cast, though it were his mare, because this did agree w'h
Mr. Caffinches booke; he further affirmed that Richard Bald
win asked him, when he saw ye mare last, and where her
walke was, but said nothing of her being in his barne, where
afterwards he saw her at y* time. It was further said y* soone
after this time she was sent away out of the jurisdictio ; vnto
woh the defendt replied y* he might well make this enquiry
after her, y' so he might be ye more confirmed that this mare
was his.
The plainteifs further alleadged, the business haveing thus
far proceeded, y' afterwards two of them, viz, Leiftenn' Nash
& Sargeant Boykin, went ouer to Milford & debated ye matter
with Rich: Baldwin about this mare ; at first he was all for a
legall proceeding, but they pressing him y' it might be ended
in a way of loue, at last he came to this, y* he would come to
Newhaven & debate ye matter before ye gouernour, but it
seemes he fell sicke & so y* agreem* was frustrated ; after this
they pcured James Bishopp & Edward Dormer to goe to Faire
feild to see the mare, who veiwed her & doe judg, as they will
testifie, that they append it to be ye mare belonging to ye
estate of Sam» Caffinch.

280 RECORDS OF THE [1659
The defendt pleaded that they could not give in yt evidence
as otherwise they might, being Mr. Scott, who had ye principall
knowledg of this mare, was out of the country; he was asked
why ye mare was then sent away, being the man yt knew her
best was at such a distance, but withall he was told yt ye mare
being now but foure yeare old, it was not likely yt he should
have such knowledg of her, he haveing been absent soe long
as he hath been. The defendant further declared, that he,
thought it reasonable yt Mr. Pell had liberty to plead in y«
case, being ye mare is his, vnto wch Sargeant Boykin replied
[185] that Mr. Pell beinge || at Newhaven, he told him that
the matter was to be heard before ye gouernour, & asked him
if he would be prsent, & yt Mr. Pell said no, he had nothing to
doe in it, he had ye mare of Rich. Baldwin.
Mr. Fenn also said, when he gave Richard Baldwin order
to be heare, he heareing yt Mr. Pell was in towne, he sent
two messengers to him to desire him to come & see if it might
be issued, but Mr. Pell refused, & said he had nothinge to doe
with it. The defendt prsented the testimony of Michel Tom-
kin & John Baldwin, woh is as followeth,
May 23th 1659. Wee, whose names are under written, do
testifie yl wee heard Mr. Pell say, (at Richard Baldwins
house, the 20th of this moneth, vpon the question asked him
if he did not appoint Richard Baldwin to send the mare to
him,) that he appointed Rich : Baldwin to send her, & spake
many words to ye same purpose, & seemed to be very angry
that they should make soe much trouble, & also he said, why
doe they not sue mee as well as you, I have a part in her, if
they cast you I have two leggs still, or to that purpose, also
he said, hee gave Edward Campe 5s to receive the mare, & yt
he had ordered him to brandmarke the colt, also he said, he
let her be here a twelve moneth, yt any might have claimed
her if they could. Michell Tomkin.
John B Baldwin.
The case being thus far heard, the plainteifes desired y' for
the grounds of their claime to ye mare some further evidences
might be taken & consided.
First Edward Dormer vpon oath testified that the first time
he knew this mare was when it was a colt, sucking on a dun
mare owned by Mr. Caffinch, wch colt was brought home &

1659] jurisdiction of new haven. 281
branded before it was a yeare old, it was then a whitterish
couler; in the second yeare he saw it, he supposed 10 or 12
times, & y* yeare he brought it vp to Wm Gibbards yard, wch
was then turned gray, & in the third yeare he saw it pretty
oft in her vsuall walke betweene the Oyster River & ye part
ing of the river, wch is the mare yt James Bishopp & hee saw
at Fairefeild.
James Bishopp vpon oath also testified that they had an acc°
of all ye horses & mares left by Mr. Caffinch, in writeing, ye
naturall markes, brand markes & eare-marks, & ye markes of
this mare doe answere it, that was a whitterish couler when it
was younge, afterwards turned to a white gray, he said he
conceived he was at the markinge of it, & yt ye mare when
she was about two yeare old he saw in William Gibbards yard,
where he observed ye S was defective, she was now a white
gray, & it was then said yt it was Mr. Caffinches, ye next
spring he saw this mare betweene Oyster River & Milford
necke, & y* to ye best of his knowledg or vnderstanding it is
the mare woh they now saw at Fairefeild, wch is now in ques
tion. Edward Campe also testified vpon oath, that being desired
to goe out w'h Edward Dormer to looke vp Mr. Caffinches
mares, he not knowing them, he desired of Edward Dormer
to know what mares they were, & y* Edward Dormer told
him y* for yB most part between Oyster River & yB partinge of
the river there was one of them, wch he described to be a
light gray, with a long strait S on ye shoulder, vpon wch he
told him that yt was ye mare claimed by Rich : Baldwin to be
his, to wch Edw: replied, it is Mr. Caffinch his mare, & yt
coming neare Oyster River they parted, Edward Dormer
findeing y8 mare, he called to him & sd, hee is Mr. Caffinches
mare, & y' he told him yt it was yt wch was claimed by Richard
[186] Baldwin & yt he further said || to him yt he thought it
not faire to drive her to Newhaven, being he had vndertaken
to bring her vp for Richard Baldwin, & yt when they came
home, he told Leiftennt Nash, & ye reason why they brought
her not home, because he had vndertaken to bring her yp for
Rich. Baldwin, & yt Leiftennt desired him to send Rich. Bald-
36

282 RECORDS OF THE [1659
win word, wch he did by John Burrall, & that afterwards he
told Rich: Baldwin at Milford how, & by whom, she was
owned, & yt Edw : Dormer had given such a description of
her yt it tooke such imprsion on him what he said yt he did
thinke it was Mr. Caffinches; and further yt he told Sar
geant Baldwin, that he thought y' Edward Dormer would
take his oath y' it was their mare, & yt we had taken vp a
bay mare of his, whose eare marke & brand marke doth
agree w'h this, and y' he vnderstood that his eare marke did
not agree with this, to which he answered y' his wife by mis
take did marke her vpon y° wrong eare, wherevpon he told
him y* if it come to tryall, he doubted he would be east,
though it were his mare, & y' at y* time Richard Baldwin
questioned with him about the mare, & asked where he saw
her last, & y* he told him at Oyster River hee saw her, but
Richard Baldwin said nothing of her being in his barne,
where anon after he saw her.
John Burrall vpon oath testified, that when he brought y*
mare to Mr. Whitmans yard, he told Richard Baldwin y' he
had brought vp ye mare, vpon y' Rich. Baldwin came, &
w'h him he thinketh Daniell Mun, at wch time he owned her
to be his, and y' after Edward Campe had spoken wth Leif
tenn* Nash about the mare Edw: Dormer & he saw at Oyster
River, & Leiftenn* had desired him to send Rich Baldwin
word that they owned her, Edward Campe spake to him to
tell Rich. Baldwin so, & he did tell Rich. Baldwin soe, but
whether he did deliuer it as a message from them he remem
bers not, but tell him he did, & this was long before goodman
Campes speech with Sargeant Baldwin at Milford.
The Court told the defend* that he had heard ye testimonyes
given in by ye witnesses for the plainteifs to proue this mare
to be theirs, he had his liberty to produce what testimony he
had to proue her to be his.
Vnto wch he answered y* he had not time to gather vp ye
testimonies y* might be given in in ye case, haveing but one
entire day betweene his warning & ye time sett for his ap
pearance, he therefore desired yt there might be a demur, y'
they might come better furnished ; to wci> ye plainteifs replied

1659] JURISDICTION OF NEW HAVEN. 283
yt it was agreed betweene Rich. Baldwin and themselves a
weeke before, that they should meet together at ye gouernours
about this question, therefore he had occasion sufficient given .
him to have his witnesses in readiness, wherefore they judged
it not reasonable, yt they should be hindered yt they might
not have iustice in the case by such prtences. The defend'
was asked what security he could give, (if a respitt were
granted,) y' ye mare should be brought againe into ye juris-
[187] diction for a legall triall, or whether hee || would not
rather submitt the case to triall at this time, there haveing
been as did appeare sufficient time for ye procureing of any
that might give testimony in yB case ; vnto woh ye defend1
answered, for security he could' give in non, & w'hall he de
clared that he had nothing against a prsent issue now at this
time, only he feared it might occasion another sute, but
desired y' if the mare was found to be theirs y' he might have
allowance for fetching her vp & other charges about her ; vnto
wch y8 plainteifs replied yt it was an injury to them yt she was
fetched vp, & yt it had beene better she had beene let alone in
her walke in ye woods, where she was in good case, & desired
yt it might be considered as a publique disorder, & yt some
penalty might be laid on yB partie offending, to deterr others
from such courses, we having a law established yl no horses
or mares be sent out of ye jurisdiction vnles they be recorded ;
vnto wch the defendt answered yt she was sould & delivered a
yeare before the law was made & y' he knew not but that she was
recorded, Sargeant Baldwin himself being the man appointed
by ye towne to y* service ; he was told y* she was sent out of
the jurisdiction since the law was in force, & y* it doth ap
peare she is not recorded, as James Bishopp now affirmed y'
M1'. Fen asking Rich. Baldwin whether or noe this mare was
recorded, he answered he could not finde that she was, but
he found a horse of the same age recorded, wch the plainteifs
desired might be considered.
James Bishopp further said, y* he conceived that yB words of
Rich: Baldwins wife would cast the case, for when he told
her y* this mares vsuall walke was about Oyster River, she
answered that she then doubted it was not theirs.

284 RECORDS OF THE [1659
The plainteifs desired yt they might be allowed by ye de
fendt ye charges they have beene at in ye prosecution of this
business by his default, woh they gave in writeing, amounting
to 3» 17s.
The Court haveing heard & considered the case, an issue
being desired, both by plainteifs & defendt, by way of sentence
it was declared, that according to ye euidence given in, it doth
appeare that y8 mare & colt in question doth belonge to ye
estate of Sam: Caffinch, woh ye court orders Richard Bald
win either to returne in kinde, or pay for ye mare 141' & for
ye colt 10H to ye plainteifes in yb behalf of yt estate, wth 3"
10s for charges, (& 5'; as a fine to the jurisdiction for his
irregular act in so sending ye mare out of y8 jurisdiction,)
betweene this & ye court of magistrates in October next, wch
sentence Mr. Walker engaged to answere, only he reserved
liberty of reveiw or appeale as they shall see cause.
Hen: Tomlinson came to yB court & declared, yt when ye
business concerning him, about y8 customes & excise of wine
& liquours, was vnder consideration by ye court, it was found
vpon yB account yt he had not paid for 5 hogsheads of wine,
he also added yt when he made vp ye acc° w'h Ensigne Bryan
there was 12u paid, & y' he had divers times desired to know
from him what more was dew, but he sometimes told him he
could not attend it, at other times he could not finde it, & at
last he told him yt it was dd to Mr. Fenn & Mr. Fenn had
delivered it to the secretary or gouernour, he further sd y4 he
was fined for yt wch came in vpon a falce account ; he was told
yt he had full liberty ye last yeare to object what he could, &
to discount almost what he would, (so far as or law would
pmitt,) so y* ye court shewed him a great deale of favour, for
he was charged with a great delinquency, aboue what his pun-
[188] ishmt was ; he confessed he had favour & thanked || the
court for it, but said still yt it came in vpon a falce account.
' He was asked what he intended in his speech, he said it was to
shew yt he had vsed endeavours to finde out his duty & yl he had
beene hindered by Ensigne Bryan fro attending his duty vntill
punishm4 came vpon him, vnto wch Ensigne Bryan answered
yt it was long since, & yt it had beene well he had had time to

1659] JURISDICTION OF NEW HAVEN. 285
have prpared himself to answere what is now objected against
him, but he knowes not yt euer he denyed to shew Hen : Tom
linson y8 account, nor yt he said he could not finde it, for he
entered those accounts in a booke woh he had for that purpose.
The names of John Corey, John Swasey, Mr. John Booth,
Joseph Youngs sen., Thomas Rider, Edward Petty, Tho.
More junior, all of Southold, being returned to yB court for
refusing to take the oath of fidelity, Jo. Corey, being prsent,
was called & asked wherefore he refused to take the said oath,
to which he answered, that he had tendered to take oath that
he would be no traito1 nor conceale any treachery, but further
he could not goe, as to binde himself to the obedience of such
lawes as are yet to be made ; to woh the court replied, that he
had beene forborne some yeares, but the thing must not be
borne wth in any that Hve in y8 jurisdiction to psist therein,
for ye oath is safe, and not intended for a snare to any, for it
is onely ye wholesom lawes, made or to be made, that they
are required to engage to submitt to ; he was told if the oath
were put in these words, that he should be subject to the
scripture , if psecutors should arise & say this is the meaning
of such or such a scripture, (wch is not,) & punish him for
not obeying, that touches not his conscience ; he was asked if
he had any other meanes in view yt he might vse for his satis
faction, he said no ; it was demanded if he would take ye oath,
but he refused, whereupon ye court declared, that there are
others of Southold whose names are also returned, &.yl al
though ye court might proceed with him at this time, yet they
would leave it till the court in October next, at wch time he
with the rest are required to make their appearance, if in ye
meane time they take not the said oath & certify it to the
court. An inventory of the estate of Mr. Stephen Goodyeare, de
ceased, was prsented, proued (in court at Newhaven, the 4th
of January 1658,) vpon oath by Mrs /x Goodyeare, ye
widdow of ye deceased, to containe the whole estate of Mr.
Goodyeare to ye best of her knowledg, amounting to 804''
09s 10d, besides a part in ye iron worke vnapprized, w'h some
debts at ye Barbadoes & elswhere, not knowne how much, &

286 records of The [1659
some pipestaves yet to be apprised ; wch inventory was taken
the 15th of October 1658, attested vpon oath by Leiftenn..'
Nash, Will: Davis, Hen: Lindon & Tho. Monson, yt ye ap-
prizment was iust, according to their best light.
The last will & testament of Tho. Nash, late of Newhaven
deceased, was prsented, made the first day of August, 1657,
proued in court at Newhaven ye 7th of December 1658, wife-
nessed vpon oath by Mr. Mathew Gilbert & Mr. John Wake
man to be ye last will & testament of ye deceased according
to their best knowledg.
Also an inventory of ye estate of Tho. Nash was prsented,
amounting to 110u. 16s. 06d, attested vpon oath to containe
[189] ye whole estate of ye deceased by Timothy Nash || to
the best of his knowledg, & yt the apprizem4 was iust, accord
ing to their best light, was attested vpon oath by Mr. Jo.
Wakeman & James Bishopp.
The last will & testament of Tho: Buckingham, late of Mil
ford deceased, was presented, made the 19th 0f September,
1657, subscribed by Mr. William Leet, & by him witnessed to
be ye will & mind of the deceased.
Also* an inventory of the estate of Tho: Buckingham, was
prsented, attested vpon oath before ye court at Milford by Ann
Buckingham, ye widdow of the deceased, yt it was a true
inventory of all ye estate & goods of her late husband to ye
best of her knowledg, wch amounted to 484u 3s 8d. Robert
Treat .& John Flecher, the apprizers, vpon oath affirmed yt ye
apprizem4 was iust, according to their light.
The inventory of the estate of Rich: Hughes deceased, was
prsented, amounting to 96u 4s 7d, proued vpon oath in court
at Guilford, the 5th 0f May, 59, by Willm. Stone & Mary ye
late wife of Rich: Hughes & now Wm Stones wife, for y° quan
tity, & by ye oath of Robt Kitchell and Wm Dudley for ye
vallew, also administration was then granted to ye said Wm
Stone, vpon promise & engagem' to pforme ye payment of all
debts & portions according to ye courts appointment.
Joseph Alsupp, attorney for Robert Gray of Salem, in an
action of debt declared against Mr. John Wakeman for 201',
according to a sentence of the court at Newhaven the 6th of

1659] jurisdiction of new haven. 287
the 11th moneth, 1656, w4h iust damages since that time for
the no payment thereof; the pceedings of Newhaven court at
that time was now read, whereby it appeared that 20u of the
estate of Mr. Roberts in the hands of Mr. Wakeman was con
demned, wch some of 20H the plaint', said he demanded of Mr.
Wakeman, who told him that he should have it, but it not
being done he demanded it againe, & he then told him that
he would speake to Mr. Goodyeare, who had of Mr. Roberts
his estate in his hand, that he should pay him, but Mr. Good
yeare not makeing paym', he demanded it of Mr. Wakeman a
third time but could not obtaine it, after Mr. Goodyeare was
gone for England he demanded it againe, & Mr. Wakemans
answere then was, that the estate of Mr. Roberts was in M1'.
Goodyeares hand, but as for himself, he would not pay it, vpon
that he desired & the court granted execution against the
estate of Mr. Roberts in the hands of Mr. Wakeman, woh exe
cution was served, but no estate could be found, he therefore
desired the iustice of the court against Mr. Wakeman in this
case. Vnto wch Mr. Wakeman now . answered, that what is
alleadged by the plaint', he doth acknowledg in part, & sd that
he was present when the court gave sentence in the case, &
that they both (as soone as the court was ended) spake w'h
Mr. Goodyeare about the paym' of it, & Mr. Goodyeare then
¦promised to pay it, & he aprhended that Joseph Alsupp
accepted it, & pay was tendered in beife, & in so doing he
conceived he had attended the court order in this matter.
The plaint', granted that pay was tendered, but it was in
[190] stinking beife || woh was no way merchantable, but
denied that he euer accepted Mr. Goodyeare so as to release
the defendt., wch if he had done Mr. Wakeman would have
called for a discharge, wch he neuer did.
The Court demanded in whose hand the estate of Mr. Rob
erts was left, to wch it was answered that the trust was left
w'h Mr. Wakema & Mr. Ling, but Mr. Ling being gone, the
sole power was w'h Mr. Wakema, & y* non could interpose
but by his order, both wch Mr. Wakeman granted, but w'hall

288 records of the [1659
said that the sentence was against ye estate of Mr. Roberts, in
his hand, but he had no of the estate in his hand.
To wch it was answered, if it were in his power as it appeares
ye sole power of that estate was wth him, it may then be said
that ye estate was in his hand, & he objected not against it
when ye sentence was past, wch had he done, it might have
beene considered, but as it is, what reason can be given why
he should not be responsible, being he let the man goe before
the debt was paid, in whose hand he saith ye estate was.
To wch Mr. Wakeman answered that ye debt was due from
Mr. Roberts, & not from himself, & that he had no of the
estate in his hand, & yt Mr. Goodyeares pay was tendered, &
Joseph Alsupp neuer said that he would not accept of Mr.
Goodyeare for his paymr whilest Mr. Goodyeare was here, but
now Mr. Goodyeare being dead he comes vpon him for it, wcl1
might have beene paid had not Joseph Alsupp neglectedit, &
he findeth that among other accounts Mr. Goodyeare gives it
in as paid.
Vnto wch the plaint', replied that it was out of tenderness
to Mr. Wakeman yt he forbore it so long, & yt he vnderstands
that though his name be in Mr. Goodyeare booke, yet there is
no some, but it is left a blanke, but paid by Mr. Goodyeare he
was not.
The Court told Mr. Wakeman that it is beleeued that he
had spoken to Mr. Goodyeare to pay it, but the thing is not
done, & now Joseph Alsupp came vpon him by law for the
debt, & it is not proued that Mr. Goodyeare was accepted by
Joseph Alsupp, who denyes it, & that he onely haveing. the
power of y4 estate, & Joseph Alsupp haveing noe power to
require it of Mr. Goodyeare by law, it seemes that it is by his
meanes that he suffers, & they were both told that prsumption
& forbearance hath done wrong in this busines, but being it
was like to fall on Mr. Wakeman to pay it out of his owne
estate, it was propounded to the plaint', whether he had not
power to compremise the businesse, that it might not fall so
heavy, vnto wch he answered yt he could not doe that, being it
concern'd an absent man, but desired the iustice of the court.
The Court haveing heard the case thus prsented both by

1659] jurisdiction of new haven. 289
plaint'. & defendt. declared that the sentence of Newhaven
court, wnh Mr. Wakeman heard & owned, should have beene
a obligation vnto him to see the estate forthcoming for the
payment of the debt demanded, who had ye sole power of that
[191] estate || deuolued vpon him, & did the therefore order,
yt Mr. Wakeman shall pay to Joseph Alsupp 20" for the vse
of Robert Gray of Salem, but the damages demanded, w'h the
charges of ye court, to be borne by the plaint', who hath not
seasonably psecuted in this busines, & thereby occaisioned
loss to ye defendt.
Tho: Staples, plainteife, ) The plaint' in an action of
Deliverance Lamberto, defendt. ) debt to the vallew of 80",
declared ag' the defendt, but after sundry allegations, pleas,
answeres & replies, w'h seuerall testimonyes given in the case,
the plainteife withdrew his action.
The busines depending the last court concerning John Bald
win & Bethiah Hawes was now called vpon, & John Baldwin
was told y* it was supposed that he remembered what past the
last court concerning them, he was asked whether he had any
thing to say in acknowledgm1 of his evill.
To wch he answered, that what was charged vpon him by
Bethiah was falce ; he was warned not to add sin to sin by
further denialls if he were guilty of what was charged vpon
him by Bethiah, who hath said it, & it is like would say it againe,
& there are leading circomstances that looke y1 way ; but he
said he was not guilty of what was charged by her.
Bethiah was asked what she now said to what she had
charged vpon John Baldwin, who was also warned not to add
sin to sinne, but if she had falcely charged him, that she would
now retract it. Bethiah answered that she could say noe
other then what she had said concerning him. The deposition
of Samuell Burrall & Joseph Hakins was pr sented & read, who
both testify, that in ye winter season they did see John Bald
win come in at Mr. Whitmans house in the evening, & then
Bethiah Hawes & he went out together & stayed some space
of time together & they came in together into the house, &
further sayeth not.
John Baldwin was told that it seemes they come together &
37

290 RECORDS OF THE [1659
go together at vnseasonable times, as the adultess yt Sollo-
mon sayes walkes in the twilight; to wch John Baldwin
answered y' he went to borrow a horse, but was told that they
two went out together & stayd some space of time together,
though the borrowing of a horse be prtended.
Alsoe the testimony of Mrs. Tapp & Mrs. Whitman was read
as followeth, who both testify that when they were at Bethiah
Hawes laboure, they heard Bethiah say that John Baldwin
had ye vse of her three times, one time at the stable end, &
twice against the railes ; further they say that she said he tore
her coat, & he said if shee would bring it to him he would
mend it againe.
To explaine Mrs. Tappes testimony, Mr. Fenn said y'
Bethiah was delivered before she came; Mr. Fenn also desired
[192] that ye examinatio || of Bethiah might be read, wch was
read, & therein it appeared that shee denyed familiarity w'h
him any more times then one. Bethiah was asked why she
then said it was but once, to wch shee answered that she so
spake to make her fault appeare ye less ; she was asked why
she hath since said it was 3 times, she said because she. was
prest to it ; she was asked how long it was between the times,
shee said she could not tell ; she was asked if it was euer after
Aprill, shee said no ; if it was before March, she said yea.
John Baldwin was told that neither now nor before hath hee
shewed that sorrow for what is proued & confessed as he ought;
it hath appeared that he hath been with her at vnseasonable
times & that there carriages together hath beene vnsattisfying,
wch calleth for more sorrow then he expresseth before the
court, but the common fame sayes that he carryes it with a
jolly frame, wch rather encreaseth then lesseneth the suspition.
The Court declared that they had heard w'h greife what
hath appeared in this matter, & although ye maine thing
charged be not proued, yet for the things witnessed against him
and confessed by him they did now order, that John Baldwin
pay as a fine to the jurisdiction 40s, withall leaveing roome for
further pceedings as further discoueries may be made ; and for
Bethiah, they looke vpon her as a loose, vaine wench, who
hath beene found to be with child, the sentence therefore con-

1659] jurisdiction of new haven. 291
cerning her was that she be seuerely whipped, so as may sute
her sex, wch is to be done at Milford, that it may be a warning
to any that have had sinfull familiarity w'h her.
Arthur Smith of Southold, being sent ouer to answere for
seuerall great & gross miscarriages, was called, of whom it
was demanded how he came to be corrupted w'h ye opinions
of the Quakers, to w?h he answered that he knew not that he
was corrupted. But that he was both a corrupted man & a
corrupting man, what was sent in writeing from Southold &
therein witnessed against him was read, wch is as followeth,
Joseph Horton, junio1 ; this deponent saith that Arthur
Smith affirmed that if men would attend to that light is within
them, it would lead or bring them to heaven. 2, hee affirmed
that there*was no divell, either before or in Adams time. 3, he
affirmed that either infants had no sin, or were charged with
noe sin till they sinned actually. 4, he affirmed that he had
no gouernor nor teacher but God, & further this deponent
saith not.
Tho: Mapes ; this deponent saith that Arthur Smith affirmed
that he had no gouernor or teacher but God, & that mens
lawes were corrupt, also he affirmed that the 7 churches in
Asia were the 7 vialls, & that there was no such thing as 7
churches in Asia; lastly this deponent saith that haveing
[193] demanded of || Arthur why ye Quakers gazed or stared
so in the faces of men & women, he answered him, that by
looking on men they could tell whether they had the marke
of the beast to be seen in their forehead & right hand, or no,
& that hee himself could tell or discern it, but as for people
themselues, they could not tell, & further saith not.
Charles Glouer; this deponent saith that Arthur Smith
affirmed in his hearing that the churches & the 7 vialls were
all one, and further affirmed, saying he whom you call your
minister or teacher knoweth no more what they be then this
child, poynting to one of his children, and affirmed that there
was neuer any such churchs ; moreouer he affirmed that he
was not to submitt to mens lawes ; to who this deponent replied
that he must be subject to gouerm* in what part of the world
soeuer he lived, & advised him to take heed how he spake
against gouerm' & pceeded in these wayes, lest he brought
himself & family to misery, his answere was, what have I to
doe w'h that.
Philemon Vicarson; this deponent saith that while he
opposed Arthur in his nullifying of magistracy & ministry,

292 records of the [1659
alleadging y* text, Ephe. 4, When Christ ascended on high he
gave gifts to men, Arthur replied, that though there were gifts
given to men, yet no power, & that this power men take to
themselues & it is vsurped power; further, Arthur sd that
their teacher was non of his teacher ; and vpon further reason
ing affirmed that children had no sin till they had acted the
same in their owne psons ; or constable Barnabas Horton was
prsent & heard this discourse. Many other things at this time
and at other he hath heard Arthur declare & speake to his
greife, but he hath let slipp many of them, & further this
deponent saith not.
Barnabas Winds, junior; this deponent saith that Arthur
Smith affirmed in his hearing that the three freinds of Job woh
came to vissit him, were the three persons in the Trinity, &
further this deponent saith not.
May the 19th, 1659. These men deposed before mee,
Barnabas Horton.
Arthur Smith being examined & required to give answere
to the seuerall pticulers before mentioned, the court finding
his answeres to be both pphaine, absurd, conceited & ridicu
lous, he was warned to take heed of dallying with ye founda-
mentall truthes of God, & was told that the court looked vpon
him as a man of a pphaine spirit & disorderly way, that would
ouerthrow the order & gouerment that God hath established
in church & commonwealth, as one y* hath spoken pphainely
at the best, & blasphemously, as is testified by one witness, for
which things, so far as they are fully proued against him &
confessed by him, it was ordered that he be whipped, & that
he be bound in a bond of 50' ' for his good behavior for the
time to come, to carry it in a comely & inoffensive manner,
wch if he did not, he is to appeare here at the court of magis
trates in October next, if he be not remoued out of the juris
diction in the meane time.
[194] || In the case depending betwixt Mrs. Goodyeare &
Thomas Mulliner, concerning the division of some lands in
question, the court by way of sentence declared that they
comitt the determination of it to Wm Judson, Wm Tuttle, John
Cowper & Abraham Dowlittle, but in case they agree not, they
then have liberty to make choyce of a 5"' man as an vmpire,
who shall have power to cast the case ; but in the division,
they are to take care y' Mr. Goodyeares farme be not spoyled,

1659] JURISDICTION OF NEW HAVEN. 293
& that the conveniency of that part of the land called Mr.
Hickcox lott, now appertaining to the estate of Mr. Goodyeare,
be prouided for with the rest, yet so y' Tho: MuUiner be not
frustrated of his due expectation, all things considered. John
Brockit the surveyor.is desired to assist in the business, who
is to be satisfied for his paines, both formerly & now, by ye
seuerall parties interested, according to their pportion in the
lands now in question.
Deacon Miles, in the behalf of Captaine Gookin, Gervase
Boykin in behalf of Mr. Ling, & others made demands vpon
ye estate of Mr. Isaac Allerto deceased, but no appearing to
administer vpon the said estate, the business was respited
vntill the court of magistrates in October next. „
At the desire of John Faris of Stamford in writeing p'sented,
the court granted that the halter, wch he by sentence of court
the 30th of the 4th moneth 1657 was enioyned to weare, should
now be taken off vntill further order.
An inventory of the estate of Clement Buxton was prsented,
taken the 3d of September 1657, apprized by Rich: Law &
John Holly, given in vpon oath by the widdow Buxton, her
name Vnica, at a court in Stamford, May the 13th, 1658.
Rich: Law.
The last will of Peter Browne of Stamford was presented.
Stamford, August 19th 1658. Witnesse,
Rich. Law, Francis Bell.
An inventory of the estate of Peter Browne deceased, prised
by Francis Bell, Richard Law, Nouemb1 29, 1658, amounting
to A , was prsented, testified vpon oath by widdow Browne
& Tho Browne in court Febr: 10'h (58).
An inventory of the estate of Nicholas Thell deceased was
prsented, taken the 29th of Nouember, 1658, proued vpon
oath in court December the 16, 1658, by widdow Thell.
[195] || An inventory of the estate of Jeremiah Jaggers, prised
by Richard Law & Francis Bell, December 11th, 1658, was
prsented, given in vpon oath by Elizabeth Vsher, the wife of
Robert Vsher, May 19, 1659, amounting to 472", 17s 0d.
Before Francis Bell,
Richard Law.

294 RECORDS OF THE [1659
An inventory of the estate of Simon Hight deceased Sept.
8'h, apprised by Francis Bell & Rich: Law vpon oath, Octobr
9'h, 1657, amounting to 225", 01s, 01d, was prsented.
An inventory of the estate of John Astin, taken by Richard
Law and Angell Husted, Septembr the 5, 1657, vpon oath,
was presented, given in vpon oath by the widdow Kathrine
Astine vpon the 13th of May, 1658, in court in Stamford,
amounting to 78", 08s 04d.
The will of Henry Ayckrily, the 17th of June, 1658, was
prsented, testified vpon oath by Francis Browne & Wm Oliver,
Decembr 16, 1658. Before Francis Bell &
Richard Law.
An inventory of the estate of Edward Hichcocke, late of
New Haven deceased, was prsented, amounting to 185", 10s,
09d, proued in court at Newhaven May the 11th, 1659. Dea
con Miles & John Cowper testified vpon oath that the apprizm'
was iust, according to their best light.
Mr. Peirson, pastor to the church at Brandford, haveing vpon
the 20th of October, 1658, declared in an action of ye case
against John Cowper & Mathew Moulthropp, concerning a
black dun mare taken vp & detained by them, wch mare he
judged to be his ; for to make it so appeare he desired that
some testimonies he should now produce might be heard &
considered by the court.
First Richard Harrison vpon oath affirmed, that as he was
seeking his mare, (that winter when the iron worke began,)
by the farmes old fence side, there was a browne mare wth a
smaU colt of ye same couler, whether horse or mare he knowes
not, afterwards coming to the farmes he was told that it was
John Benhams ; the same day (as hee apprehends) comeing
to the water side, he saw the other pipestaff mare, with a
browne colt like herself, much of ye same couler, whether any
white vpon her or not he knoweth not.
Tho: Harrison vpon oath testified that when he came to
Mrs. Gregsons farme, that mare that proues Westalls had a
bay colt with her, w°h was three yeares agoe last spring, wch
colt he thought was about a yeare old, wch mare & colt, w'h
another- y' was with them, he droue to Southend.

1659] JURISDICTION OF NEW HAVEN. 295
Josiah Ward vpon oath affirmed, that he haveing occasion
to come to the water side in Tho: Harrisons feild, he saw
Westalls mare with a bay colt like herself, whether horse or
mare he knowes not, wch was when, the iron worke began.
John Cowp, now in court, desired that it might be considered
that Josiah Ward had said that he would not take his oath in
the case; to w°h Mr. Peirson answered, that Josiah Ward had
told him that by the consideration of the circomstances he
comes to the knowledg of the thing.
[196] || Josiah further vpon oath said that he being w'h Mr.
Peirson at the water side, he saw Mr. Peirsons mare, wch he
sould to goodman Andrews, w'h a dark dun colt, w'h a star
not very cleare, those were ye markes wch hee tooke notice
off, & that winter was twelue moneth Mr. Peirson sent him
with his man to see after this colt, & when he saw this, hee
apprhended this was the colt, but he had no meanes betwixt
these two times to keep the knowledg of it.
Jonathan A , servant to Mr. Peirson, affirmed that he
going often to looke this that goodman Andewes bought ye
dam of, wch hee supposes is that now in question, he oft saw
this dark dun colt with a star with the mare of his masters,
the first winter sucking, & in the summer after, & the winter
after that, he saw it the third time with Josiah Ward the third
winter. John Cowper desired that it might be considered that the
time spoken of by the last witness was after they had bought
ye mare & marked her.
Sargeant Beckly testified that this colt bought by John
Cowper of Westall, when it was going 2 yeare old, was for 5
or 6 moneths that summer in their neck, where (as he had
occasion to looke vp his horse) he oft saw it, & that it was for
couler enclining to a black. October the 20 (58), Edmund
Tooly testified that in summer was three yeare, the mare of
Westalls, or Lattimors had a colt wch he tooke to be a darke
bay' w'h a seame in her eare where she had beene cutt, & this
he takes to be the colt w°h goodman Cowp bought.
Mr. Peirson in court said that he himself had known this
colt fro time to time, the first yeare he oft saw it wth the mare,

296 RECORDS OF THE [1659
in ye latter end of the yeare he saw it in Mr. Eatons feild,
March was two yeare he saw it at the water side, where he
tooke notice of it, & yt when brother Moulthropp told him that
he had bought half a mare, he asked what her couler was,
what her markes were, where her walk was, to wch questions
when he had given answere, he said then you have got mine;
brother Moulthrop replied, this is marked on ye eare by brother
Cowper, vpon wch he asked, when; bro. Moulthropp answered
about a fortnight agoe, to which he againe replied, then you
have marked mine.
Vnto wch bro. Cowper now answered yt Mr. Peirson being
wth bro: Moulthropp, they finding a company of horses where
this mare was, Mr. Peirson when he saw her, asked what mare
is this, so that it seems he had not such knowledg of her as he
speakes of; to wch Mr. Peirson now answered, yt it was his
great desire to see this mare, because they had said that theirs
was marked, he haveing lately seen his owne without a marke ;
bro: Moulthropp & himself comeing neare ye black rock, there
past by a company of horses, bro. Moulthropp sd, there is not
the horses we looke for; afterwards lookeing further among
them, he asked bro: Moulthropp concerning one of them, what
is this, he answered this is the mare in question, when they
had looked vpon her he asked bro. Moulthropp where is the
marke, he said it is o ye eare, he replied there is no, bro:
Moulthropp sd it was grown vp ; after they had turned her
about, they saw J: D: on the further buttock. Bro: Cowp
pleaded yt it was at first questioned whether ye mare had any
colt, but yt appearing to be so, now the question is about the
couler; to wch Mr. Peirson answered yt ye ground of yt was,'
John Thomas haveing said that Westall told him yt his mare
had a black colt at Wethersfeild, he was told by Wm Palmer
yt yt mare had no, but another mare of his had a black colt.
Bro: Moulthrop said that he hath alwayes apprhended this to
be the colt of Westalls mare, for the colt woh was with West-
alls mare was a blackish bay, vnder the belly more browne, on
ye back more black, w°h he saw at a moneth old & frequently
afterwards, yet to take his oath of it he would not for a horse.
The Court findeing yt notwithstanding w4 hath been

1659] JURISDICTION OF NEW HAVEN. 297
alleadged, both by pi & defendts, & what hath been testified by
ye witnesses in ye case, that ye question to who this mare
belongs remaines doubtfuU, they desired yt they would either
of them make choyce of a man yt may veiw ye mare & more
fully informe ye court, or bring her hither that she may bee
seene by the court, that an issue may be put to this businesse.

[197] At a Court of Election held at Newhaven for the
Jurisdiction, the 25th of May, 1659.
Mr. Francis Newman chosen Gouernor. Mr. William Leet
chosen Deputy Gouernor. M1'. Mathew Gilbert chosen Magis
trate for New Haven. M1'. Robert Treat chosen Magistrate
for Milford. Mr. Jasper Crane chosen Magistrate for Brand
ford. Y8 Gouernor & Deputie Gouernour chosen Comission
ers, Mr. Crane the third in the election, if the prouidence of
God should hinder either of the other. Mr. Wakeman chosen
Treasurer. Will Gibbard chosen Secretary. Tho: Kimberly
chosen Marshall. All for the yeare ensuing.

At a Generall Court held at Newhaven for the Juris-
dicon, the 25th of May, 1659.
The Deputies for the Generall Court prsented their cirtifi-
cates, wch were approued; all for the yeare ensuing except
Stamford, wch was only for this court.
There was prsent,
The Gouernor, Deputies.
Deputy Gouernor, Leiftenn' Jo. Nash, j New-
Mr. Gilbert ) Ensigne Hen: Lindon, ) haven.
Mr. Treat, ' | Magistrates. John Flecher, ) Milf d
Mr. Crane, ) Tho. Welch, j,
Leiftenn' Chitenden,

38

Geo. Hubbard, f
Rich: Law ) gtamford<
Francis BeU, j,

Branford.

298 RECORDS OF THE [165
Mr. Will: Wells, | goutholcL
Barnabas Horton,
Leiftenn' Swaine,
Lawrence Ward,
Edward Wooster desired to know where & of whom he
should receive pay for 7 wolues he hath killed at or neare
Paugasett ; he was told that if Paugasett stand in relation to
Milford as a part of them, then he is to receive his pay there,
but if they stand as a plantatio or village of themselues, then
they themselues must beare itt ; neuertheless, it being thought
by some that both Newhaven & Milford have benifitt by killing
wolues at Paugaset, it was agreed that it should be ecomended
to both the townes to see what would be freely given him in
recompense of his service in thus doeing.
Edward Wooster was also told that the encouragement
given to the proprietors at Paugasett was in refference to a
village to be settled there, wch y8 court now saw no likelyhood
[198] off, and || that in the way they were in, they saw not
how they could attend their duty in refference to the Sabbath,
being at such a distance from the meanes, wch the court would
consider off; woh being debated & considered, it was ordered
that if the place called Paugassett become not a village to the
purposes formerly exprest by y8 court, betwixt this & y8 gen
erall court in May next, that the place shall be deserted in
refference to settled habitation.
The Court, (being informed of sundry complaints made
(by such who are found defective in their armes) of y8 diffi
culty, if not impossibillity, of getting those defects mended,)
did order, that where there is in any plantation any gunsmith
or other smith, cuttler, joyner, or any other who is skill'd in
mending guns, stocks for guns, swords, scabberds, or any
other pt of millitary furniture enioyned by yB lawes of this
jurisdiction, he shall, (haveing prsent & due satisfactio,) with
in one moneth after they are brought to him, attend y8 mending
or fitting vp of the same ; and the same is also required of
them in refference to such as shall repaire to them for help in
such cases fro any of the plantations wthin the jurisdiction,
where such artists are not resident in the places where they
live.

1659] JURISDICTION OF NEW HAVEN. 299
The Court also, haveing notice of the insufficiency of many
guns wch are prsented to veiw, did recomend it to y8 seuerall
plantations, as their duty to attend vnto, that euery man
would furnish himself wth such a gun as may be serviceable,
& did order that no gun of less bore then y8 standerd agreed
vpon (wch is to be kept by the cheife millitary officer in euery
plantation) shall be allowed as sufficient.
By way of alteration of the printed law, forbidding to sell
wines or liquors (vnto wch cidar is since added,) vnto Indians,
it is ordered y' the penalty for the first offence shall no longer
be 5s, but 5", for the second offence not 10s, but 10", wch
shall be the one half to the informer for his paines and charges
in the prosecution of the delinquent.
The Court haveing information of disorders in some of ye
plantations, by the retailing of cidar, did order that whoso
euer, w'hout license from some magistrate or other authority
where there is no magistrate, shall sell or retale any cidar by
less quantity then 3 gallons, shall for the first offence proued,
pay 20s ; for ye second offence, 40s ; for a third offence, shall
be bound ouer to the court, wch court considering the fact
w'h ye agravations thereof, shall inflict such further punish-
m4 as they shall see meet.
Jonas Wood did againe prsent in writeing the desires of
[199] the || towne of Huntington, to joyne in combination
w4h this colony, craveing liberty for the. triall of actions to a
greater vallew then is allowed to other plantations in the
jurisdiction, wch ye court was not willing to ; he also ppound
ed that they might for some time be freed from payment of
rates to the jurisdiction. The court granted that they should
be freed for 2 yeares, pvided, that as they would be freed fro
rates, so they should not be chargable to the jurisdiction ;
but nothing further was done at this time.
The petition of John Ridar of Hashamommocke, was
prsented & read, wherein he desired to know whether they
were part of this jurisdiction or not, & that they might be
considered in refference to damage they sustaine in there
meadow by a millpond belonging to the towne of Southold.
Vnto the first the court declared, y4 they looke vpon them as

300 RECORDS OF THE [1659
w4hin ye jurisdiction, according to the tearmes agreed vpon
betweene y8 towne of Southold & the former inhabitants. To
the second pticuler, Mr. Wells pleading that Southold sus
tained greater damage by them, the court could give no
judgni4 in the case vntill they heard ye allegations & proofes
on either side.
John Holly of Stamford was allowed 30s, (besides his
charges now at -New-Haven,) for his paines & care in gather
ing in the customs & excise of the towne of Stamford the
yeare past.
John Fowler of Guilford, Lawrence Ward of Branford, Bar
nabas Horton of Southold, John Holly of Stamford, were
chosen to receive the customs & excise of wines & liquors in
the plantations wherein they live, for the yeare ensuing.
The customs & excise of the towne of Milford are let out
to Ensigne Bryan for the yeare ensuing, in all respects as it
was ye last yeare, save onely y' 5U of the 20 is to be paid in
good merchantable beavor, at price current, sometime betwixt
this & August next, so as it may be to supply the comissioners
for the jurisdiction service.
Mr. Wells of Southold informed that a neighboure of theirs
that bought a pcell of land at Manhanseck was about to sell it
vnto a Quaker ; it being considered by the court, they desired
ye gouernor to write to Mr. Willis of Harfford for his concur
rence to assert or title to those lands from the Lord Starling,
& to vse such meanes as he conceives may conduce to the
prvention of any such sale by any that prtend title to any
lands there.
The Magistrate & deputies of Branford informed that Peter
Abbott coming thither the last yeare to help his father to
weed corne, was taken the same day with a lunacy, which
occaisioned much charge & exercise to their towne, woh they
conceived should be borne by the publique, he being no set
tled inhabitant there, but had lived sometimes in one planta
tion & sometimes in another, and that if it should please
God againe so to exercise him, they saw not how the people of
[200] Branford (haveing been vnder the || afflicting hand of
God) could be able to supply him w*h such things as his con-

1659] JURISDICTION OF NEW HAVEN. 301
dition would call for, to woh the court answered, that they
saw not but y* Branford, to whom he did belong, must in
justice beare it, but withall it was pmised that if God should
so againe afflict them in Peter Abbot, they will have a broth
erly respect to them &, if there be cause, help them in a
way of mercy, as this court shall thinke meet.
Complaints being prsented of wrong done in the sizes of
shooes, the court did take the matter into consideration, & be
ing informed that Wm Newman of Stamford hath an instru
ment in his hand wch he brought out of England, wch is
thought to be right, to determine this question between the
buyer & seller* did order that the said instrument should be
pcured & sent to Newhaven, wch (if approved by ye court of
magistrates in October next, to whose judgment (takeing in
such advice as they shall thinke meet) yB busines is referred)
a standerd shall be made, wch is to remaine wth the jurisdiction
treasurer, & from thence other standerds to be taken for the
seuerall plantations, wch shall be the rule betweene buyer &
seller, to wch it is required that all sizes be conformed.
The Court lookeing vpon it as their great duty to establish
some course (that through the blessing of God) learning may
be promoued in the jurisdiction, as a meanes for ye fitting of
instruments for publique service in church & comonwealth,
did order that 40" a yeare shall be paid by the treasurer for
the furtherance of a gramer schoole, for the vse of y8 inhab
itants of the jurisdiction, & that 8H more shall be disbursed
by him for the procureing of bookes of Mr. Blinman, such as
shall be approued by Mr. Davenport & Mr. Peirson as su table
for this worke. The appointing of the place where this
schoole shall be settled, the pson or psons to be imployed, the
time of begining, &c, is referred to the gouernor, deputy
gouernor, ye magistrates & ministers settled in the jurisdiction,
or so many of them as vpon due notice shall meet to consider
of this matter.
The Deputy Gouernor, wth the deputies of Guilford, did
ppound Mr. Whitfeilds house freely for the furtherance of this
worke, who did also declare that they judged it reasonable yt
if the said schoole should be settled in any other place by

302 RECORDS OF THE [1659
those woh are appointed to determine this question, that ye
like allowance should be made by that plantation where it
falls, answerable to what by Guilford is now propounded.
[201] || The afflicting hand of God haveing been heavy on
ye inhabitants of Greenwich y8 last yeere, by sickness, &
thereby y8 loss of -a great part of their corne, their rates to
the jurisdiction for the yeere past, as a worke of mercy, were
remitted. Robert Abbott, late of Branford deceased, who died intes
tate, being posest of an estate amounting to 120 or 130", or
thereabouts, a question was brought to the court whether y8 2
youngest children should not be considered aboue their ppor
tion, being not duely pvided for considering their yeares, weh
the court having considered, it was declared y' 10" shall be
taken out of the estate for the help of the widdow for the
bringing vp of these two children, wch being done, the estate
is to be divided, according to the true intent of the law in y'
case, betweene the widdow & children, wch is referred to the
court at Branford.
Mr. Wakeman acknowledged 7" received of the deputies
of Southold for the land repurchased by them, called Matta-
tock & Akkabawke, but being paid in wampom, Mr. Wells
vndertooke to answere the damage that he should sustaine
by it.
It is ordered that the horses appointed for publique service
shall exercise 4 training dayes each yeare, at such times as
shall be appointed by ye millitary officers for the foot com-
panys in each plantation, who shall also veiw their furniture
when other armes are veiwed, vntill some other way be
appointed by the court.
Information being given that John Corey, John Swasey,
Mr. Jon Booth, Joseph Younges senior, Tho: Ridar, Edward
Petty, Tho: More junior, refused to take the oath of fidelity,
it is ordered, that they shall appeare at the court of magis
trates, the 19th of October next, to answere it, if in the meane
time they take not the said oath & certify it vnto the court.
There being a question whether 6" or 5" were dew from

1659] JURISDICTION OF NEW HAVEN. • 303
James Rogers to the jurisdiction vpon a forfeiture of liquors,
it was declared that 5" being paid they require not ye rest.
The 'Magistrate & deputies of Milford were desired to re
quire of the inhabitants of Paugaset a list of their rateable
estate, & to send it to the secretary at Newhaven.
A question being propounded by Mr. Wells, whether land
enclosed for an oxpasture be rateable or not, for answere he
was referred to the law, wch sayes that all lands shall be rated
except such as doth & shall lie comon for free feed of cattell
at all times to the vse of y8 inhabitants in generall.
[202] || Vpon information that Mr. Bishopp meets w'h some
discouragm'8 in his worke at Stamford, & therevpon thinks
of emouing thence, the court spake with Leiftenn' Bell, one
of the deputies, about it, who could not say that things had
been as they should in all respects, but pfessed that he should
be ready to lay out himself for Mr. Bishopps encouragem1;
but no complaint being made by Mr. Bishopp, nothing was
done by way of order, but only it was declared that if they
heare not of a speedy reformation, they will consider of send
ing some fro among themselves &c. to Stamford to enquire
after things, & endeavour (as they thinke they are bound)
to remoue what may hinder y8 worke of God in his hand, for
if ministry & ordinances fail, what will the people doe ?
A complaint being made concerning some psons at Stamford
for selling wines & liquors without license, it was by yB court
declared, that it is expected of the officer in authority there,
that he make dilligent enquiry after such disorders, & that
he duely psecute the offenders, according to y8 law in that
behalf. Whereas in the law concerning dowries, it appeares neces
sary that the consent of the wife be required to any sale of
houses or lands made by her husband, wch act or consent
must be such as this court allowes, therefore it is now de
clared and ordered, that a free consent or acknowledgment
being given or made of her willingnes to such sale, before the
secretary or any magistrate, or constable where there is no
magistrate, shall be accounted good in law, & cutts off such

304 • RECORDS OF THE [1659
wife from claiming any thirds in the said houses or lands
afterwards. It is ordered that 50" shall be paid by the treasurer vnto
the gouernor & 20" to the deputy gouernor, for the yeare
ensuing. Francis Bell was chosen & sworne constable for Stamford
for the yeare ensuing, who had the same power comitted to
him as the constables at Stamford formerly had.
Geo: Slawson was chosen marshall, to assist him in the
worke of his office.
Mr. Wells & Barnabas Horton were chosen constables for
Southold for the yeare ensuing, who have the same power
comftted to them as the constables there formerly had.
It is ordered that a rate of 100" shall be leuied fro the
seuerall plantations wthin this jurisdiction, in equall pportions
according to their estates, wch is to be paid the one half some
time in Octobr next, ye other half by the first of Aprill fol
lowing, in such pay & at such prizes as was ordered ye last
yeare. Newhaven, 37" 13s 05d ) Stamford, 12" 00s 08d )
Milford, 21 12 00 } Southold, 09 00 00 f 100".
Guilford, 13 07 01 ) Branford, 06 06 10 )

[203] At a Court of Magistrates, held at Newhaven
for the Jurisdiction, the 19th of OcTOBr 1659.
The Gouernor, Deputy Gouernor, Mr. Gilbert, Mr. Treat,
Mr. Crane, was present.
The matter depending since the last court, concerning ye
estate of Mr. Stephen Goodyeare deceased & the creditors,
came to be considered, at wch time the former claime of Mrs.
Goodyeare to a third of Mr. Lambertons houses & lands was
renewed, both by herself & her attorney, William Edwards of
Harfford, her right therevnto (by vertue of a law extant
when Mr. Lamberton died) pleaded, but it being found that
by her marriage w4h Mr. Goodyeare it became part of his
estate, it was by the court determined that onely a third of

1659]

jurisdiction of new haven. 305

that thirds for life, doth belonge to M". Goodyeare. What
hath further been done, or was now done concerning this
matter; is here breifly declared as followeth,
Forasmuch as Mr-: Stephen Goodyeare, merchant, late
deputy gouernor & planter of Newhaven in New England,
being vpon a voyage into old England, there deceased in
London in the yeare 1658, since which time the court at New
haven, for conservation of the estate of the deceased, to be
forthcoming to answere all iust debts & claymes due from the
said estate, did cause an inventory to be made & delivered
into the court, of what was here found within ye jurisdiction
of Newhaven, and an account to be drawne out of Mr. Good-
years bookes of what seemed thereby to be due tp that estate ;
the court of magistrates, takeing ye matter into consideration,
caused a writeing or intimation, beareing date October 20,
1658, to be .publiquely set vp & affixed on a door post of the
meeting house of Newhaven, to give notice to all or any psons
that had any thing to clayme from ye estate of y8 deceased, to
make their appearance, by themselues or their attorneyes, at
the court of magistrates in May, Anno 1659, then & there to
make satisfying proofe of their claimes, that order might be
then given & distribution made of the said estate, for iust &
pportionable satisfaction, but the businesse being found not
duely prpared on the creditors part, it was ordered, that by a
writeing set vp as before, that intimation should be againe
given for their appearance at the court of magistrates in
Octobr next, at wch said court attendance was againe given
to take in ye said proofes, in the prsence of the said creditors
appearing, where first allowance for all iust charges, fees &c.
about ye collecting, apprising & conserving the estate for the
[204] benifit of psons || concerned therein, being deducted,
the court pceeded, & allowed these debts & claimes, hereafter
mentioned & set downe in their pticuler somes respectively,
to be due from Mr. Goodyears estate, some vpon cleare
specialities and proofes, others by faire accounts & reckonings
owned by Mr. Goodyeares bookes without any materiall
objection made against them, all woh amounted to the full &
iust some of 2403", 19s, 2d ; but because divers reckonings
were not pfected, nor Mrs. Goodyeares thirds sett out nor
compounded &c, at the request of the creditors prsent, ye
court allowed & established Mr. John Wakeman, Mr. Nich
olas Auger & Jon Cowper of Newhaven, to be comission
ers to issue those accounts, impowering & authorising them
to agree wth Mrs. Goodyeare about her thirds, to make
sale of the lands or other estate here, and by themselues
39

306

RECORDS OF THE

[1659

or their lawfull attorneyes to vse all meanes, whether by
course of law or composition, to gather in all debts, here
or elswhere due to the said estate, and to make pportionable
distribution of what is or shall be by them recouered, amongst
all the said creditors respectively, & to give in a iust account
to the court of magistrates at Newhaven of whatsoever shall
be by them so done, whensoeuer it shall be called for & re
quired, that righteousnes may be attended in that trust, and a
standing record kept for the veiw of any that desire satisfac
tion about y8 whole carriage of this businesse,
Mr. Goodyeares inventory was, 804", 09s, lO*
Out of wch there was paid to Mr. Lambertons
children, for wch security was
given, 415", 18, 2<H
& 20s for land sould to Jer: I air iq oo
Whitnell 001, 00, 0, f 41D' i8' ^
both which being deducted, wch is J
So there remaines to Mrs. Goodyeare for her
thirds, & to the creditors according to the
inventory, 387, 11, 08
For apprising & conserving of the

estate &c, ye estate
To John Herriman

03",

Dr. 06ss

, 08d

the sheepheards
tables for the bookes

05,00,

06,
10,

08
00

John Cowper
the 4 apprizers
the Secretary
Mr. Cornish

00, 02,02,
02,

04, 00,00,
10,

00 0000
00

15, 17, 04
[205] || Creditors to the estate who are to be paid in ppor
tion to these somes vnderwritten.

MX Woolcot
Mr. Hickcox
Christopher Todd
Tho: Dunk
M"\ Paine
Mr. Nicholes
John Punderson
Thomas Mitchell
Mr. Sam: Wakeman
Mr. John Wakeman
Roger Allen
George Larremore
Mr. Kitchell
Mr. Pinchon
Mr3. Davenport
Newhaven church treas'y,
the Jurisdiction,

234" 15s 00*
040—00—00008—00—00
011—00—00010—15—03
004—04—00 007—12—06
003—08—00031—19—08061—15—00
005—11—03 030—00—00013—03—07
009 — 1 7 — 00
001—10—00021—07—10012—00—00

Edward Perkins
Mr. Whitfeild,
James Clarke,
Mr. Hooke
Mr. Evance
Mrs. Godman
Thomas Staples
Sargeant Jefferies
John Herriman
Richard Hughes
Henry Carter
Huphry Spining
Willm Judson
John Cowper
Willm Andrewes
Mrs. Mr. Stolions estate,
the Dutch Gouerao1

00211 13s 00d
100—00—00
002—11—01 110—07—10
085—00—00 152—00—00
204—17—04
012—00—00 021—03—00007—00—00
001—15—00
005—15—06 011—05—06002—06—00 012—16—06
478—08—01
060— 00— -00

1659]

JURISDICTION OF NEW HAVEN.

307

Newhaven towne treas'y,
Mis. Alcot
Mr. Daniell
Mr. Lake
MX Tanner
Joseph Mygate
John Gibbs
Henry Lindon
the Gouerno1
Mr. Gilbert
Mr, Ting

016—01—04 001—09—11015—04—07
092—16—03 357—10—00
010—14—06
003—00—00004—00—00 001—07—00003—07—10017—00—00

1029—10—06

Willm Trowbridg
Mr. Evance his house,
Mrs. Sheafe Vpon the Shipp
Mr. Wakeman
Mr. Gilbert
W1" Davis
Mr. Atwater
Roger Allen
Christopher Todd
James Hayward
Mr. Mulliner

010—00—00
030—00—00032—04—00
ace0. 006—14—06002—12—10 001—06—01
005—11—01 004—12—11001—05—00 005—03—05
005—00—00
1374—08—08
1029—10—06

Total 2403—19—02
[206] Concerning the estate of MT. AUerton.
Wnereas at a court held at Newhaven Aprill the 5th 1659,
an inventory & an account take & prsented to the court, of
an estate left by Mr. Isaac AUerton sen. deceased here, at
wch time the court was informed that there was a will left by
the deceased, wch was supposed to be in the hands of Mr. Isaac
AUerton, who was now from home, vpon wch ground the court
proceeded not further in that businesse at that time, onely
they signified there desire that the will spoken off might be
brought forth at his returne ; accordingly at a court held at
Newhaven the 5th of July 1659, Mr. AUerton appeared, &
prsented the said writeing as the will of his deceased father,
but the court findeing that neither Mr. AUerton nor any other
was willing at that time to administer vpon the said estate, it
was ordered that ye bookes of accounts, wth all bills &
specialities appertaining to the said estate, should be deliv
ered to the secretary, and that by a writeing sett vpon the
door post of the meeting house, intimation should be given to
such as were creditors to that estate, that if they made their
appearance at the court of magistrates in October next, their
demands should be considered ; at wch court sundry creditors
appeareing, to make clayme of considerable somes due from the
said estate, Mr. Isaac AUerton prsented a writeing, as the last
will of the deceased, now witnessed vpon oath by John Herriman
& Edward Preston, that it was sealed & subscribed by Mr.
AUerton deceased, whilest he had the vse of his vnderstanding
& memory in a competent measure, by wch writeing it ap
peared y' Mr. AUerton himself & his mother, the widdow of
the deceased, were made ioynt trustees to gather in & dispose
of the estate for paym4 of the said iust debts due from the
same. The said widdow renouncing her part of that trust &
no els appearing who were willing to administer, the court vpon
request of the said Mr. Isaac AUerton, established the sole trust

308 RECORDS OF THE [1659
of that businesse vpon him, to collect & dispose of the estate
for the ends aforesaid, within any of the English jurisdictions
in these parts of America, vpon engagem4 & pmise of the said
Mr. AUerton to attend that trust, & to make prsent payment
proportionably to all & each of the said creditors, according
to the iust vallew of the estate here apprised in ye inventory,
and to gather in the debts elswhere with all convenient speed,
& to make due satisfaction in currant pay vpon moderate
tearmes, yearely, in proportion to all the creditors, for what is
so collected, giveing in a satisfying account anually to the
court of magistrates here, of what is so done, vntill all iust
debts be sattisfied, that if anything more shall appeare neces
sary to be done for furtherance of righteousnes, the court
may give further order herein.
[207] But || Mr. Isaac AUerton junior, in his more serious
thoughts about ye businesse, came the next day vnto the court
& pfessed his discouragment to proceed in that trust, vnlesse
he might be left free to act in it as he saw convenient, &
might be dismissed therefrom vpon account, wheneuer he
desired, wch the court told him could not be allowed before
the court saw a satisfying or iust account given of the faithfull
discharge of that trust, wch he was the rather to be obliged to
because he was the deceaseds eldest or onely sonne, who had
conferred that trust vpon him for attendance vnto righteous-
nesse on his fathers behalf, wch the court wished he would
consider off. But what was said or moued to him that way, .
prvailed not to hinder him fro renouncing & refusing to vn
dertake the matter, vpon the tearmes aforesd ; whereupon,
(he often expressing that he refused to meddle in. it, but
would leave the estate in the courts hands otherwise to be
disposed off & ordered, as they should see cause,) the court
vpon request of the creditors, who had long waited for an
issue, that so some course might be settled whereby they
might come to receive the iust rights & dues fro the said
estate, did, with the consent of the said creditors & vpon
their nomination, authorise & impower Mr. Richard Miles
and Gervase Boykin, (to whom the bookes of accounts, w"1
bills & specialtyes, were delivered,) as comissioners in trust,
for collection & conservation of the said estate, & to attend
the settleing & clearing accounts thereabout, to agree w"'
Mrs. AUerton, the widdow of the deceased, about her thirds,
to make sale of houses, lands, or other estate here found, or
to be found w'hin this jurisdiction, to vse aU due meanes,
either by themselves or their attornyes, whether by course of
law or composition, to gather in all or any debts, here or

1659] JURISDICTION OF NEW HAVEN. 309
elswhere within the English jurisdictions in these parts, be
longing or due to the said estate, to make pportionable distri
bution of what is or shall be by them so recouered, amongst
the creditors respectively, and to give a iust & true account
vnto the court of magistrates here at Newhaven, of whatever
shall be by them so done, whensoever it shall be called for &
required, that righteousness may be attended in this trust, and
a standing record kept for view of any y' may desire & seeke
satisfaction about the whole carryage of this matter.
The estate of Mr. AUerton deceased, according the inven
tory was 118", 05s, 02d, wch (Mrs. AUertons thirds of the
houses and lands being deducted,) falling into the hands of ye
creditors, they sould vnto Mr. Isaac AUerton the dwelling
house, orchard & barne, wth 2 acres of meadow, (prised in the
inventory at 75",) for 120", of wch 120", 40" belonging to
Mrs. AUerton for her life, 12" being given for the reuersion of
that thirds, Mr. AUerton became debtor to the estate for the
house, &c, 92", for other estate as prized, 43", 05s, 02d, both
wch are 135", 05s, 02d, out of wch being deducted for funerall
charges, fees, &c, 6", Mr. AUerton remaines debtor to the
estate for the vse of the creditors, 129", 05s, 02d ; who were
ordered to receive in trust pportionably to these somes follow-
[208] ing, || Ensigne Bryan 122", 0s, 2d, 2 peices of Holland
by him received to be deducted. Deacon Miles, in behalf of
Capt. Gookin, 11", 15s, 0d.' Gervase Boykin, for Mr. Ling,
18", 06s, 09d. Roger Allen, 02",. 15s, 00d. Mr. Lord, 13".
Edward Perkins, 8s, 6d. Will Gibbins, 6" 2s, 0d, all wch were
condemned. Interest was also pleaded for by some of the
creditors, wcb was left to be considered.
Other demands were made vpon the said estate, viz4, Sar
geant Jefferies demanded about 6", Mr. Lord, more 40s, Mr.
AUerton for Mr. Maverick, 60", 02, 06d, John Cowper for John
Westall A , Wm Gibbins, for Mr. Marshall in England, 40",
Joseph Alsupp, for Mrs. Sheafe, 8" ; who were told that at
the court of magistrates in May next, their demands w4h the
pofe thereof shall be considered, w4h any other that have
demands to make vpon ye sd estate, (concerning w°h it was
ordered that such intimation shall be given, by a writeing
affixed to the door post of the meeting house of Newhaven by
y8 secretary,) at wch time it is intended that distribution shall
be made of the estate of Mr. AUerton, & each man ordered to
receive that wth right, according as things shall then appeare.
Henry Tomlinson of Stratford, being warned to the court,
appeared, to whom it was declared that sundry of or freinds
& neighbours are vnsatisfied . concerning his late acting at

310 RECORDS OF THE [1659
Conecticote, in a way of vniust mollestation of the gouernor.
Henry Tomlinson desired to know whether it were a breach
of any law in that jurisdiction ; he was told that yt might be
answered another time, but he was now required to attend
what the court called him to give answere to in this jurisdic
tion ; he was asked if he knew any prsident of like actings to
his in any of the colonyes ; to wch he said yea, in Mr. Hopkins
his case in the Massachusetts, but was told that yt was not this
case, but done vpon a pticuler account, but this to the gouernor
vpon publique respects, concerning his administrations in his
place, wch is contrary ,to the articles of confederatio & of an
order since by the comissioners recomended to the seuerall
generall courts.
Gervase Boykin declared that when the thing was first heard
of, it was very offensive to many, he thought y8 generall court
should take it into consideration & pvide that such things
might not be suffered, it being a way to set one jurisdiction
against another.
Mr. Wakeman said that it was an vniust molestation of the
cheife officer of the jurisdiction, when sent out vpon the ser
vice of the country.
[209] || Jo: Cowper said he was affraid that he did it to lay
ye jurisdicon low, and it was to him very offensive.
The Deputy Gouernor told Hen: Tomlinson that he knowes
that he neuer made any appeale to the generall court, wch he
might have done had he been vnsatisfied with yB sentence, nor
had he sought for a review of the action, but carried it in a
flattering way, as one well apaid (as we may say) wth what
the court had done, & thanked the court for their lenity &
favoure towards him, and yet since hath carried it in an irreg
ular way to throw vp foundations, & to breake the bond of
amity betwixt the collonyes, & was thereby to be looked vpon
as an vniuersall disturber of the peace, and therefore as a ring
leader should be made an example vnto others. He was told
that by the same account all the judgments in other jurisdic
tions past vpon delinquents might be caUed ouer againe, and
so there will be judgment against judgment, execution against

1659] JURISDICTION OF NEW HAVEN. 3ll
execution, wch would be like to issue in the ruin of New Eng
land. The Court professed they were not ashamed to justify their
proceedings, & their vprightnes in them, before others, but
that another colony should call this colony to account would
not be at all yeelded, we having entire jurisdiction amongst
orselues. Hen: Tomlinson was told that if he doe not lay it
to heart, God would take notice of him as one whose practise
tends to breake the peace of the country.
It was declared that, there being now but a small court, and
some of the court might be thought to be concerned in it, and
ye matter in question respecting the whole colony, the deter
mination of the court therefore was, that Hen: Tomlinson
shall put in security to 50" vallew, to make his appearance, &
to give answere to what shall be laid to his charge in this mat
ter, before the generall court to be held at Newhaven, the last
fourth day of the weeke in May next ; accordingly the said
Henry Tomlinson & Jer: Osburne did afterwards engage,
iOyntly & severally, in the some of 50" for his appearance
before the generall court, the day before mentioned.
Will: East of Milford, being warned to this court, appeared,
who was told that he was bound to appeare here in May last,
but he appeared not, but instead thereof sent a writeing to
excuse his non appearance, wch satisfied not ; he was told that
ye court was now ready to heare what he had further to say,
why he appeared not ; to wch he answered that he had no more
to say; wherevpon he was asked what he had to say to those
great & gross miscarriages wherew4h he stood charged. What
past in court concerning him, in October 1657 & May 1659,
was now read, & he was told that these are gross miscarriages
[210] by him comitted, that he should make || his house a
house of drunkeness, & rise vp ag4 authority in threatening
words, as he had done, & that he hereby shewed that he was
a man fallen from God & fro the pfession wch he hath formerly
made, more then in an ordinary manner, and now to goe on
to add sin to sin, it was an amazing thing to consider off, as if
he were an atheist & without God in the world, and that he
carryes it as one given vp of God to satisfie his sensuall appe-

312 RECORDS OF THE [1659
tite, & had thereby caused the name of God to be blasphemed,
and that it was high handed wickednes, that when he is found
drunke & told that the meanes of his drunkenesse shall be
- taken away, that he should rise vp against authority, what can
be said why he should not be put in a house of correction and
have his meate & drinke sized out to him, & that he be kept
with what he should earne with his owne hands & his relations
have the comfort of the est ; shall wickednes be suffered, & is
there no balme in Gilead, (as we may say,) no meanes found
out to pruent it. He was told that there is a remedy, & there
will be a remedy, & that he must know that he shall not over
master to Gods dishonor, and that the sword of justice shall
not be suffered to lie still when such evills are comitted. He
was asked what security he could put in for his better car
riage, to wch he answered, that he doubted he could give non.
He was told that his owne word was of little vallew & not to
be rested on. Wra East was wished to be wise for this world,
& told that y8 sun had shined vpon him to a great estate, but
he hath proued an ill steward, & now God is reckoning with
him & it was feared that God would bring him to the dust
againe in refferrence to the things of this life ; he was told
that it is an amazing thing that he is not a terror to himself,
that he should doe thus wickedly in a land of vprightnes, &
not behold the magesty of ye Lord.
The Court further declared that they were both sorry and
ashamed that he was againe brought to the court for such
delinquency, he was minded that he had beene fined at Mil
ford w4h a smaller fine, but y4 would not reforme him, after
wards he was called to the court of magistrates, & fined w4h a
greater fine, but y4 reformed not, after that he was stocked,
neither did that reclaime him, but he still goeth on to abuse
himself in a swinish manner, so that is a exercise to the court
what to doe with him & what ..course to take to reclaime him.
He was told that it hath been intimated, wch assuredly the
court will doe & he was bid to expect it, that if he be not
reformed, the court must lay him in prison & keepe him to
prison diett, to pruent these sinfull excesses.
The sentence was that the 50 " bond for his appearance in

1659] JURISDICTION OF NEW HAVEN. 813
May last is forfeited, & may be called for when the court sees
cause, & seeing that fines & stocking reclaimes him not from
his drunkeness, if hereafter he be found drunke againe, that
[211] he shall be corporally || punished by whipping at Mil- .
ford, & bound ouer to the next court of magistrates following ;
& seeing he abuses himself in his owne house, it was therefore
ordered, that he shall not have liberty to keep wines or liquors
in his house save only what shall be for their comfort, wch he
shall see cause to desire & the magistrate shall see cause to
license him to have ; & this is the triall the court would make
of William East at this time, who was bid to remember &
beare it vpon his heart, he goes vnder the divell as his keeper
in the state he stands in.
Information beinge given by M1'. Bishopp, in the pr sence of
two of the. brethren, of the vncomfortable & vnsettled state of
y8 affaires of the church & towne of Stamford, the court saw
cause to advise & order, that within 20 dayes after their
returne home, some effectuall course may be taken among
themselues for settlement of things there to mutuall satisfac
tion, concerning wch issue they expect to be certified vnder
their hands mutually, within the time before prfixed, that so
if need require, two of the magistrates & two of the elders may
be desired, & sent, before winter, to afford help therein, if the
season proue sutable, if not, then in the first opportunity in
the spring.
Sigismund Richalls (at his desire) had liberty till the spring
to pay the fine of 10" dew fro him, (as security for John
Heardma,) who is to make his appearance at the court of
magistrates in May next, to give answere to what further shall
be said to him concerning the said matter.
John Corey, Jo. Swasey, Tho: Moore junior, Mr. Jo: Booth,
Joseph Youngues senior, Tho: Ridar, Edward Petty, are to
give their answere in May next, before this court, why they
have not attended y8 courts order concerning them in May
last.. Sargeant Baldwin haveing desired to speake concerning
what past in court in May last, declared, that it was knowne
ye hand of God was vpon him by sicknes at that time, so that
40

814 RECORDS OF THE [1659
he could not attend the court; he now acknowledged the
breach of the eighth comandem4 in that matter concerning the
mare then in question, wch he pfessed his sorrow for, w4h
desire that God would help him for the time to come y4 he
might not fall into ye like offence ; he also vnderstood that the
court had sentenced him to pay for a colt wch issued fro the
mare, wch colt (he said) he neuer saw, but it was taken away
by ye hand of God, & no mans hand in it for ought he knew ;
he desired the court would be pleased to take it into consid
eration, & for the fine of 5", y4 the court would please to remitt
it ; he confessed he was not so considerate in that matter as he
should ; and for y4 y' was then presented as offensive, concern
ing his selling of liquours, he pfessed that it was a greife to
him yt God should be dishonoured in his house ; but w'hall,
he said, first that what was then reported, concerning the
quantity of liquours, was not true, but thus it was, y' by
[212] eleaven men, or thereabouts, || there was drunk 5
pintes of liquours, wch was paid for by foure of the company ;
he desired that God would help him while hee continues in
that imployment to be more wachfull.
To who the courts answere was, that in refferrence to ye
strong liqours, were it not testified that he was sick, it would
be a great offence, & such as would render him vnfitt to keepe
the ordinary, but it seemes it fell out by his wife, who, it may
be, was not so fitt to gouerne, though the thing was very scan
dalous & dishonorable to religeon, yet it falling out by y'
meanes, they should not further proceed in that matter, so it
may be a warning to him, & they would leave it as a warning
vpon him for ye time to come, yt he be more carefull herein;
& for the fine of 5", they suspend the takeing of it vntill fur
ther order. As for that wch is alleadged concerning the colt,
it may be considered before plainteifs; wch was afterward
debated before the court, both by pls & defendt, but the court
saw no cause to alter the former sentence.
Ensigne Bryan declared against Mr. Tho: Mathewes for a
debt of 11", 6s, 8d, part of wch debt arose vpon the account of
excise or custom of wines or liquors bought of Mr. Palmes.
After sundry allegations, answers & replies, both by plaint' &

1659] JURISDICTION OF NEW HAVEN. 815
defendant, Ensign Bryan declared that they had spoken
together and had agreed to good satisfaction.
Ensigne Bryan haveing attached the vessell of John Tomp
son, he now desired that the boate might be encluded, but
before the plaint' had declared, John Cowper informed that
he vnderstands that the said vessell stood engaged to M".
Sheafe of Boston for a debt, & vpon non payment by the last
of September past, the vessell to be forfeited, but Jo Tompson
comeing away the 29th of September, the forfeiture could not
be taken, & yt Joseph Alsupp had order from Mrs_. Sheafe
about it; wch being spoken, the plainteife proceeded^ & in an
action of the case declared, that sometimes since, John Tomp
son desired him to help him to a vessell, he told him that there
was a vessell at Fairfeild wCQ was prised at 60", wch was very
deare, but he desireing it, he directed him to Mr. Pell to buy
the vessell, vpon condition to make paym1 to himself, w°h ves
sell was bought, what the conditions were he desired John
Tompson to relate ; wherevpon John Tompson declared that
he bought the vessell at 60", & the vessell was in speech for
security, & yt sundry things were propounded but not drawne
vp in writeing ; he was asked if it was agreed that the vessell
should be security, he answered that there was nothing written ;
it was asked if it was promised, he said he could not speake to
[213] it, but || his purpose was to attend Ensigne Bryans
propositions, & there was no turne in it differing. Ensigne
Bryan pleaded if there be a agreement owned, though the
writeing were not drawne vp, he sees not but it should stand.
The court told him that all , that they heard of was that he
intended to doe such a thing, but he went away and did it
not. John Tompson owned the debt of 60" was due from him
to Ensigne Bryan, & that what ppositions were made to him
by Ensigne Bryan he was wilHng to attend to, but granted
that the vessell was engaged to Mrs. Sheafe, and withall said
(but proued it not) y' he had Mrs. Sheafes consent to come
away, who had given him liberty for paym' till the spring.
Ensigne Bryan said that he conceived the vessell was his,
being the conditions are not fulfilled, & desired that he might
else be satisfied out of the vessell one way or other.

316 RECORDS OF THE [1659
The Court told him they would condemne the vessell, but it
must be with caution that he should be responsible to such as
should proue a better claime. It was therevpon propounded
yt the matter might be respitted vntill Joseph Alsupp come in,
that it may be knowne what orders he hath from Mrs. Sheafe,
that justice may be done in the case ; in the meane time that
the attachment vpon the vessell to remaine, wch was the
prsent issue & determination of the court. But Jo. Tompson
was told that his actions are naught and dishonest, that he
would engage the vessell to Mrs. Sheafe, he knowing how he
stood engaged to Ensigne Bryan concerning her.
Joseph Alsupp, plainteife } } The plaint', in behalf of M™.
Jo. Tompson, defendant. \ Sheafe of Bosto, declared against
the defendant in an action of debt, to the valew of 120", vpon
forfeiture of a bond for the payment of 60", wch bond, w'h
the letter of attorney authorising the pi to psecute in the case,
being both read were approued.
The defendt acknowledge ye debt of 60", (12" or thereabout
ariseing as he said vpon the account of interest,) but withall
said that he had further time given by Mrs. Sheafe for paym',
who knew of his comeing away, onely she desired the debt might
be acknowledged before Mr. Bellingham 2 or 3 dayes before
he came thence, but it was found to be about 16 dayes. The
plainteife replied that he knowes nothing of the dispensation
spoken off, but she desired that the bond might be prosecuted.
John Tompson was asked why the vessell wch stands as secu
rity to Mrs. Sheafe should not be delivered vnto her agent vpon
the forfeiture of the bond, to wch he answered that he had no
more to say, but withall affirmed that what he had said, of
[214] Mrs. Sheafes giveing further || time, was true, but he
had nothing vnder her hand to shew, and so must leave it to
the court.
Ensigne Bryan desired that it might be considered whether
the vessell be not his, who pleaded "that John Tompson had
that vessell of Mr. Pell by his order, & that he had desired Mr.
Pell to engage the vessell for security till paym' should be
made, & that Mr. Pell had made him debtor for the vessell,
60".

1659] JURISDICTION OF NEW HAVEN. 317
To wch Joseph Alsupp answered, that the vessell was sould
to Jo. Tompson, who he supposes had a bill of sale, woh now
did so appeare, for a firme bill of sale from Mr. Pell & John
Wheeler, (administrators to the estate Tho: Deman, (whereof
this vessell was a part,) dated 27 Nouember, 1658, witnessed
by Robert Turner & Nathaneel Seely,) to John Tompson, but
Ensigne Bryan said he neuer knew of it.
The Court told Ensigne Bryan that it doth appeare by the
bill of sale that the vessell is by Mr. Pell & John Wheeler sould
to John .Tompson, & it doth not appeare that the vessell was
by John Tompson actually engaged to him for security ; it is
neither affirmed by John Tompson, nor proued by any wit
nesses, onely they had such treatyes, but the thing was hot
done, & so the vessell remaines to John Tompson, who hath
dealt dishonestly to engage it to Mrs. Sheafe, knowing that he
stood so engaged to him as he did.
The case being heard, the court by way of sentence declared
that they looke vpon the obligation as firme for 120", but they
would not be for extremities, but for furtherance of righteous
ness; they have heard & considered the plea of Ensigne Bryan,
but see not his right to the vessell, but doe order that the ves
sell being duely prised by Mr. Rudderford & Tho: Morris,
(vnto whom Jo Tompson hath liberty to add a third man,) in
refferrence to such pay as is exprest in the bond, shall be
delivered to Joseph Alsupp for the vse of Mrs. Sheafe; if it
shall be prised at more then 60", it shall be returned to John
Tompson, but what it falls short of 60" shall be made vp out
of his estate, who is to pay the charges of apprising & fees of
court. John Tompson being by the former sentence disabled to
pceed o in his voyage intended for Virgenia, a motion was made
by John Biley, in behalf of Captaine Clarke of Boston, that Jo
Tompson might be enioyned to deliuer back for the vse of the
said captaine, a pcell of wines he had put into his hand, or
give security for the same, wch being propounded to Jo. Tomp
son, he chose rather to deliuer them, wch was so ordred by y«
court. [215] || A letter fro Mr. Blinkensopp of London to the gou-

318 RECORDS OF THE [1659
ernor was read, who therein desired his assistance for the
recouering a debt of 12", 10s, of John Greene for goods deliv
ered to him, with half ye proffitt or advance vpon them. The
gouernor informed that John Greene acknowledged himself
debtor to Mr. Blinkensopp the some of 15", tenn pounds of
wch 15, he promised to pay this yeare in porke, the other 51"
the next yeare; wch 10" the jurisdiction treasurer was ordered
to receive in trust, who was desired to vse meanes to convert
it into beauor, that it may be ready to be sent for England, or
otherwise to be disposed of as Mr. Blinkensopp shall order.
Samuel Plum of Branford appeared, to who the gouernor
declared that he had received a letter fro Mr. Rawson of Bos
ton concerning him & his boy Edward House, who therein
complaines of wrong done to Edward House, being held in
service beyond ye time exprest in his indenture. A coppy of
a indenture was by Edward House prsented & read, whereby it
appeared, that w'h the consent of his father' Edward House,
he was bound vnto John Strang of Boston, fro the 19th of
Aprill, 1652, forward for 7 yeares. Another indenture by
Sam. Plum was prsented, by wch it appeared that the said
Eclward House bound himself to one Jeffs for 9 yeares fro the
first of May, 1653, wch was assigned to Francis Browne, & fro
Francis Browne to Sam: Plum. Edward House was asked
how this came to pass, that he set his hand to such an inden
ture; to wch he answered that he was forced to it in the shipp,
being threatened to be throwne ouer board if he would not
yeeld to it, & he also told him if he would doe it he should go
to sea & see his freinds once a yeare, & y' Jeffs gave him
liquours so that he was not himself, & thereby drew him to
sett his hand t-o it, & that this was done when he was about
12 or 13 yeare old.
The Court declared that Edward House, being then but
about 12 or 13 yeares of age, he was not capeable of makeing
an indenture, w°h (by his relation) he was also forced to, and
he having parents in England, it cannot be thought raitionall
yt he should be left to himself to dispose of himself, nor can
it be judged a valid act. It was demanded of SamueU Plum
what he had to say why he should hold the boy beyond the

1659] JURISDICTION OP NEW HAVEN. 319
time exprest in the first indenture, to wch he answered that he
bought him of Francis Browne, in his prsence, for the time
remaining of the indenture dated the first of May, 1653,
against woh he then objected not, woh indenture is made ouer
to him fro Francis Browne, but was told that that is invalid,
being the boyes act, w'hout consent of either his parents or
authority; if Francis Browne have done y' wch is not right,
he may have justice against him, but the boy must not suffer
by it. The case being heard, the gouernor, in the name of
[216] the || court, declared that they saw not ground why
Sam: Plum should hold the boy any longer, but doe judg
that his time expired in Aprill last, & that the indenture
bindeing to Jeffs is invalid, being w'hout consent of either
parents or guardian, but is repr sented as a thing forced, wch,
if the man were prsent & the thing proued, would be witnessed
against. It further appearing that, by the coppy of the
indenture prsented, his time of service ended in Aprill last,
since which time Sam: Plum hath had the benifitt of him,
that therefore by the first oppertunity, at his charge, he be
sent to Mr. Rawson to be conveyed to his father, being first
furnished with double cloathing, according to ye custom of
the country.
Robert Vsher, plaint'. ) The plaint, entred an action of the
Geo: Slawson, defendt. ) case in the behalf of Edward Jessupp,
& declared concerning a horse taken vp & detained by the de
fendt, & that after ye said horse had been demanded of him
by Jessupps order (dated the third of -March 1658, witnessed
by Richard Horton,) to the plaint, to demande this horse,
wch was read ; vnto woh y8 defend' answered, that this horse
wch the plaint, sues for, he tooke vp as a stray, about May
was twelue moneth, the horse came into 3 acres of his pease
and eate one acre to the ground, he endeavoured to drive him
out but he would still returne to that place againe, o y8 mor
row he got three of his neighbours with their horses to fetch
him to y8 pound, & at last they got him into his barne, where
he looked for his markes, but found no artificiall marke vpon
him; now he not knowing where to require poundage &
damage, he went to Joseph Meade & desired him (he being

320 RECORDS OF THE [1659
one that was much imployed in looking vp horses) to informe
him whose ye horse was, he answered, it is Crabbs colt, he
asked him if he were sure, he answered he could not tell
whose else it should bee, wherevpon he told Crabb that he
had taken vp such a colt, vpon wch he & Joseph Mead came,
& haveing looked vpon him, Crabb said, he thought it was
non of his, he thought his were all marked, Joseph Meade
wondered that he would not owne him, & y' was the present
issue at that time ; after this, he cryed him at a towne meet
ing twice, & againe vpon a training day, at wch time the
plaint' said it was Jessupps horse, but he knew him not, nor
shewed any order fro Jessupp, nor produced any proofe that
it was his, therefore he tooke little notice of what he said,
but he kept ye horse vp 32 dayes, hopeing the owner might
appeare ; the generall court drawing neare, he desired ye
deputies to propound it to ye court, & they brought him word
that he should set | vpon him, but y8 plaint' all this while
said nothing ; after this he kept him & teddered him, but
seeing no issue he turned him into the woods where he now
is. But of late the plaint layes a fresh claime to him & went
to Leiftenn' Bell & desired that the horse might be deliuered
to him, wch Leiftenn' Bell certified vnder his hand, to wch he
replied y' he expected y' first he should proue the horse to
be his ; now in September last, wch was a yeare & half after,
[217] the plaint brought Joseph Meade || and a little youth
to make proofe of it, ye validity of whose testimony he ques
tions ; but being willing to peace, he told the plaint that if
he would pay ye damage & charges, (wch he would^refer to
two men to judg of,) he would deliver the horse ; and to
prove it, prsented the testimony of Daniel Scofeild, who
testifieth, That Geo : Slawson did offer Robert Vsher the stray horse
in case he could finde him, vpon this condition, that he would
pay him (the said Georg) all iust charges & damages that
legally he could make appeare ; and also the said George did
tell the said Robt Vsher that he would willingly put the case
vnto two indifferent men, the one being chosen by one, the
other by the other, then the said George Slawson offered the

1659] jurisdiction of new haven. 321
said Robt that any damage that was done to him concerning
the horse he was also willing to put to arbitration.
Vpon oath taken before mee,
Francis Bell. Octob. 12, 1659:
To wch the pi now said, that he was willing to put it to foure
men, wch he should proue, & to that end p-sented the testi
mony of Richard Hardy, who saith,
That Robert Vsher & Geo: Slawson haveing debate about
the stray horse, the said Geo: Slawson would put it to reffer
ence, but would agree to have but one man apeice, the said
Robt would have two men apeice, but the other would not
agree to that ; then I said to the said Slawson, you have in
your best the man you intend to have, & he said, it may be
he had, & I did aprhend that foure men is little enough to
end the busines, also that Robt Vsher did offer him that if
he would deliver the horse to the said Robt, he would put in
security to beare the said Geo: harmles if any other man
should lay claime to him.
Taken vpon oath before mee, Francis Bell.
The 15th October 1659.
Joseph Meade now in court said, as touching the first part
of the defendants declaration, that he came to gaine informa
tion it is true, & he said to him this horse I cannot say whose
it is, but he thought it was Crabbs or Jessupps, for both Crabb
& Jessupp had such a horse, both for couler & naturall marks,
but he knew not how to distinguish them vnles the markes
were searched, but when they had searched the horse & found
no artificiall marke, he then told the defendt that he might
judg that it was not Crabbs because it was not marked, but
he tooke it to be Jessupps, & besides his owne knowledg he
enquired of another, who told him that Jessupps horse lay on
such a neck, woh did the more confirme him in it that this
horse is Jessups.
But the defendant replied that Joseph Meade left it darke
whose the horse was, & spake of Crabb as the owner, & to
proue it he prsented the testimony of Francis Browne who
saith, I being at Goodma Slawsons barne, I seeing Joseph Meade
& goodman Crabb lookeing vpon a horse wch goodman Slaw
son tooke vp for a stray, I heard Joseph Mead say that the
horse was goodman Crabbs, but goodma Crabb would not
41

322 RECORDS OF THE [1659
own him, & Joseph Mead seemed to be troubled that he
would not owne him. This is to the best of my remembrance.
This taken vpon oath before mee,
Francis Bell. Octob. 17. 1659.
Rich. Lawes now in court testified that he was prsent at ye
same time, & Joseph Mead did without doubt (as he tooke
notice off) say it was Crabbs, but did not mention Jessupp as
he remembers.
[218] || Joseph Mead was asked how that woh he related
will stand wth what is testified by Rich Law & Francis
Browne, to woh he answered that he did not busy himself to
reconcile his relation & their testimony, for he could not grant
what they said ; he was asked if he could proue that he men
tioned Jessupp, he answered yt he supposed the claime was
grounded on what he had said ; he acknowledged that part
was testified truly by Rich. Lawe & Francis Browne, but
another part is left out, but if their memory faile, he could
not help it.
To proue that this horse was demanded by the pi of the
defendt, he prsented the testimony of Rich. Hardy, taken
vpon oath Sept. 9th 1659, who saith,
That Robt Vsher did demand the horse wch goodm: Slaw
son tooke vp for a stray, for goodman Jessupp, at the head of
ye traine band, quickly after he was brought in question, (as
he takes it,) before the horse had any stray brand given him,
this demand was made in ye yeare 1658, a little after the
spring, and likewise Will Oliver doth testify the same.
Taken vpon oath before mee,
Francis Bell. Sept. 9, (59.)
For to prove the horse to be his, the pi pr sented ye testimony
of Jonathan Lockwood & Josua Knapp.
This is that my thoughts are, concerning the horse that
goodman Slawson have taken vp for a stray, I do really thinke
that it was one of goodman Jessupps horses because it is so
like his breed. By mee, Josua* Knapp.
Taken vpon oath, Octob. 17, (59.)
before mee, Francis Bell.
Concerning that woh Jonathan Lockwood can say concern
ing ye horse that goodman Slawson hath taken vp for a stray

1659] JURISDICTION OF NEW HAVEN. 323
js thus much, he doth verily beleeue it was one of Edward
Jessupps horses, because he is so like his breed.
By mee, Jonathan Lockwood.
Taken vpon oath Octobr 17. 59.
before mee, Francis Bell.
The defendt replied that the last winter his sonne brought .
home a horse very like this in question, but they lookeing fur
ther on him found him to be marked w'h Crabbs marke,
therefore he judges the testimonyes last read to be weake.
To wch the pi answered that this proves the trueth of that
wch Joseph Mead had said, that Crabb had such a one.
October 10'h, 59.
The deposition of John Bates vpon oath, he saith that he
rideing out into the woods wth Joseph Mead to looke vp
horses, about the begining of June last, & came vp to a
company of horses, in wch company there was a young horse
of Goodman Crabbs, woh I judg was about three yeares of
age then, and Joseph Meade desired mee to observe & looke
well vpon the horse to see what difference I could finde or
make between yt horse of goodman Crabbs & the horse taken
vp by goodman Slawson, wch he called the stray, & I did veiw
the horse dilligently & could not make any difference, either
couler or naturall markes, and in coutenance & bignes, seemed
as if it were the stray, only this difference, that goodman
Crabbs horse was in better plight. Taken before mee, Francis Bell.
The defendt prsented ye testimonies following, to proue that
Jessupps mare had no colt.
The testimony of Jonathan Reynolds of Greenwich, Oc
tob. 11, 59.
Jonath. Rennals affirms vpon oath, that the mare wch was
[219] in || difference betwixt goodman Jessupp & goodman
Crabb, when shee was in goodman Crabbs yard, to the best of
his remembrance there was no colt with her when he first
tooke her vp & put a halter on her.
Taken before mee, Francis Bell.
Wm. Hubberd his testimony vpon oath, the 11th October
1659. The said deponent testifyeth that the mare w°h was in dif
ference betwixt goodman Jessop & goodman Crabb, I, thesaid
William Hubberd, did fetch her out of the feild w'h Abaham
Frost so soone as we did heare shee was come out of the
woods woh was in the winter before there was a triall about

324 RECORDS OF THE [1659
her at New Haven, & there came vp three or foure jades' w'h
her & there was no coult in the company. Moreover I en
quired, but could neuer heare of any, for I should have had
half the coult, (if it could have beene found,) for the lookeing
of it vp. Taken before mee, Francis Bell.
The testimony of Abraham Frost, this 10th 0f Octobr 1659,
vpo oath.
This is it, that I & Wm Hubberd fetcht vp the mare yt was
in difference betwixt Richard Crabb & Edward Jessupp, the
winter before it was tryed at Newhaven, & then the said mare
had no coult with her & yt time was the first time that I had
seene her or yt any body else had seene her yt yeare as I
knew off. Taken before mee, Franc Bell
Also a cirtificate subscribed by J"0nath. Rennalls & Wm
Hubberd was prsented & read, & is as followeth,
These certify the honored court yl it being reported that
wee Jonathan Rennalls & Wm Hubberd, did tell Joseph Mead
or Robert Vsher that we did see a coult come vp with the
mare at yt time as is specified in or oathes, we heare affirme
yt we did not see any, neither did we so say to any. Witness
or hands, Octob: 11, 1659.
Richard Lawes in court declared that when the mare was
brought vp first, Crabb sent to them for their advice, shee
haveing beene in controversy, vpon woh Francis Bell & hee
went in winter to see the mare, at wch time she was very
fatt, but no appearance of any coult.
Joseph Mead said that he was appointed to looke after Jes
supps mares, accordingly he did ; this mare he knew of her
first coult, woh was two yeares elder then this, the next yeare y8
mare had no colt, the yeare after yt (to appearance) the mare
was forward wth fole, but before he saw it, Wm Hubberd was
imployed by Crabb to fetch vp the mare, who brought her vp
& granted that she had a coult, wch he did and had reason to
minde, being imployed by Jessupp, after this, he meeting with
a company of horses wth wch there being a brown coult w'h
a small starr, without a dam, he brought it vp & bid Robt
Vsher observe it, telling him y' I thought it was the coult of
that mare, & yt vpon Hubberds words, as also because the
mare had no the yeare before. This was ye winter before the
aforesd triall.

1659] JURISDICTION OF NEW HAVEN. 325
The testimony of Angell Husted, Octobr 13, 1659, was
prsented, who saith that the mare y' was in differrence betwixt
goodman Crabb & Edward Jessupp, that after a day or two
that she was brought vp the winter before the triall of her at
Newhaven, that he saw no coult w'h the mare, nor neuer
heard of any. Witness my hand. Angell A : H : Husted.
his marke.
I John Hobby testify that I being prsent when goodma
Crabb tooke vp the mare wch goodman Jessupp laid claime to,
[220] there being || some of the neighbours by, we began to
enquire one of another where her coult was, for we saw no
colt in the company that she was with, wherevpon we judged
among orselues that she had no coult that yeare or els had
lost it. ? John Hobby.
Daniell Simkins saith that the mare that was in controuersy
betweene goodman Crabb & goodman Jessupp, wch vpon triall
fell to be goodman Jessupps, when goodman Crabb tooke her
vp shee had a colt with her wch followed her, wch Daniell
Symkins look' at to be that mares colt, & it was a darkish
browne w'h a little starr in the forehead, & when the mare
was taken vp, the colt neighed, & being parted fro her by
reason of the fence, the colt went away with the other horses,
and as they went away ye mare neighed, & to appearance
shewed herself discontented after the colt was gone.
Ye marke of Daniell ~] Simkins.
Mr. Richard Mills doth testify that the mother of Daniell
Simkins doth affirme that her sonne is vpwards of 15 yeares
of age, also the said Daniell did affirme to Mr. Mills that what
he had testified was the trueth concerning ye coult, also the
father & mother of the said Daniel doe affirme that they have
found him carefull in speakeing trueth, the same doth Mr.
Mills affirme of him, being his scholler.
This testimony taken before mee, Mathew Gilbert.
The defend' declared that the charges & trouble about this
horse doth amount to 50s, & the plaint' desired that the worke
done by the horse might be considered & deducted, & pr sented
the testimony of Isaac Finch, woh was read, & is as followeth,
& he saith that he- saw John Slawson two or three seuerall
times ride to & againe after ye cowheard vpon the horse called
the stray, also he lett Tho. Closse have him in ye woods to
looke after horses. Given in vpon oath, Octobr 15, 59.
Before mee Francis Bell.

326 RECORDS OF THE [1653
Robt. Penoyre vpon oath testifieth, that he mett with Tho
Closse rideing on the stray horse, & came then out of the
woods fro lookeing of horses, & he mett with him at ye corner
of goodman Weeds fence, & he came off fro the horse backe
& ye horse reeled (as hee apprhended, being tired, & at the
same time John Slawson gatt 6 his backe, & as he got vp y*
horse reeled as before. Octob. 17, 59. Before mee Francis Bell.
The Court haveing heard the case largly pleaded, both by
pi & defendt. & the testimonies given in 6 either side, by way
of sentence declared & ordered, that 40s being paid by y°
plaint vnto the defendt, for charges expended & paines taken
about the said horse, that the plaint, shall be possest of him,
prouided that he put in security vnto Francis Bell ye constable
of Stamford, to the vallew of the horse, to be responsible to
any that shall proue a better title to him betwixt this & the
middle of May, 1661, other charges exspended, either by
plaint or defendt in the psecution of this business, is to be
borne by themselues respectively.
[221] || George Slawson complained concerning damage that
is done in their corne by horses not belonging to the inhabit
ants of Stamford, & the owners not being prsent, they know
not where to require the damage. Joseph Meade answered
that he knew no need of complaint, for he knowes of no great
damage, & what damage is done is through defective fences,
he further said that he had ppriety at Stamford, but if they
intend Mr. Michells horses, if the court order that they shal
be remoued, he supposes it will be attended ; the court told
him, if the towne of Stamford be vnsatisfied, such horses as
belong not to the inhabitants, must be remoued. Joseph
Mead was asked whether rates were paid to the jurisdiction
for those horses, to woh he answered that it was not required,
wherevpon the court declared, that it was iust yt what rates
are behinde for such horses should be paid, else ye jurisdicon
is wronged, wch those intrusted at Stamford ought to looke
after. Joseph Mead did now engage to answere any iust
charges which by damage or otherwise should arise vpon the
horses or mares belonging either to himself, Mr. Mitchell or
Edward Jessupp, while they continue at Stamford.

1659] JURISDICTION OF NEW HAVEN. 327
The last fourth day of the weeke in Nouember next, was
appointed for a publique thanksgiveing for the mercyes of the
yeare past.

At a Court of Magistrates held at Newhaven Febr. 15,
1659.
Richard Raymond, of Salem within ye colony of the Massa
chusetts, entred an action of molestation against Captaine
John Penny, & declared concerning a vesseU, (called the
Black Eagle,) and goods, seized by the said captaine on the
7th of December last*, but the said captaine appeared not, but
instead thereof by his doctor sent a letter, dated February the
14th, to excuse his nonappearance, wch was read & is as fol
loweth, Honneed Srs.
Be pleased to take notice that I am not in a capacity to
attend your honorble court of magistrates, by reason of my
weaknes, & your honners may be pleased to examine the
bearer hereof concerning my strength at prsent, who will give
you satisfaction of my condition. Srs if you will com aboard,
I shall give your honner satisfaction concerning my comission,
wch I suppose will give content to this honrble court. Sr,
were I but able to attend the court, you should finde mee wth
my witnesses to let Mr. Raymond know that is not hee or his
speeches shall carry that vessell from mee, wch is a lawfull
prize; which I shall make appeare. He hath beene pleased
to put forth words that he hath an execution granted by your
honr against my body & goods, wch I must confesse doth
trouble mee, in the respect of his vnfidelityes. Sr, I have no
further to trouble your honrs at prsent, but rest your freind to
serve you. John Penny.
His doctor affirmed that he was not able to attend ye court
withall adding that further he had not to say, wherevpon, the
[222] || season being cold, the court remoued to a private
house to consider of this matter, & in answere to the captains
Ire, returned in writeing by the marshall as followeth,
Captaine Penny,
We being mett, as the court of magistrates for this colony,

328 RECORDS OF THE [1659
to attend Mr. Raymonds complaint against yourself for take
ing fro him, as he saith, his vessell & goods vniustly, to his
great damage & molestation, did expect your appearing by
yourself or attorney, to have answered his pleas in ye case
depending, but instead of attending vs or the matter, psonally
or by attorney, wch doubtles you were not disenabled to have
done, nor needed to have feared any disadvantage, to yor
cause by or ouer hasty proceedings to an issue, for in case your
first instructions had not sufficiently furnished yor agent, to
answere or proue what might appeare needfull for cleareing
any matter brought into question, we should have given con
venient time to repaire to your self for further information, &
yet shall soe doe, out of respect vnto yorself & vnto peace wth
righteousnes. We are sorry you should receive such an irra-
tionall & euill report concerning our granting execution before
triall, wch is most false, and wch Mr. Raymond denyed in
court, as also that you should expect vs to leave or vsuall
place, to goe & attend this case o board yor shipp, & so lay
downe or authority to attend yors, for ye pofe or evidence of
yor acting legally, whereas you needed not to feare the doeing
of it here to be any hazard of ye losse of your comission, nor
shall it so be now, for we assure you y4 no lawfull comission
shalbe taken fro you, but returned w4h safety. In wch if you
psist still, refuseing to attend one way or other, to give an
account of your action before vs in court at or vsuall place o
shore, where we have al wayes attended both matters respecting
land & sea, betwixt pty & pty resideing in or jurisdiction, &
that w'h good likeing & approbation to the comonwealth of
England, who have by comittee of Parliam' encouraged vs
therein, we shall then looke vpon your caryage herein as slight
ing or authority, and not sutable to a peaceable accomodation,
nor speake for iustice of your action wth Mr. Raymond.
Wherefore let vs have such answere herein speedily from you
by this bearer, y' we may so pceed in the businesse, as that we
may have cause to remaine yor feinds.
By order of the Court of Magistrates.
ty Will. Gibbard, Secret.
This 15th 0f Febr. 1659.

1659] JURISDICTION OF NEW HAVEN. 329
A second letter was received fro the captaine Febr. 16, wch
is as followeth,
S». Yors I have received, wherein I vnderstand that you are
displeased because I had not gotten a attorney to have answered
the court, but I being a stranger in these parts, knew no man
y' could pforme yt business, for mee, neither have I any man in
my shipp to doe it, the bearer hereof you may be pleased to
examine ye witnesses wch he shall mention vnto yor hon",
[223] whereby you may || see Mr. Raymonds indirect dealings,
& as you are pleased to thinke that I doe not act as I formerly
seemed to be, I know not the reason why such thoughts should
be of mee. And as you are pleased to write that you are not
to goe fro the vsuall place where you keepe court, it is not any
desire of mine that you should doe soe, but no comander doth
carry any power on shore except it be in an admirall court, fro
whence he hath his power. And for any action w'h Mr. Ray
mond, I questio not any damage can come to mee in any
admirall court. Sr, I desire you to veiw the act past in the
yeare (52,) wherein wee vnderstand that noe Duch man ought
to trade in harbour, creeke or coue of America, but is a law-
full prize. Gentlemen, I am not in a capacity to enlarge at
prsent, but rest, Yor Servant, John Penny.
Febr. 16, (59.)
To wch this following answere was returned.
Captaine Penny,
We have received yor letter dated Febr. 16, (59,) wcl'
speakes nothing to the maine question wch we desire to be
satisfied in, viz: whether you will come to a triall or noe wth
Mr. Raymond here, by constituteing an attorney to appeare o
yor behalfe, for yor doctor saith he hath no order, nor knowes
any else so appoynted, wherefore, we not being willing to
abide any longer delayes, doe require an imediate answere to
this or writeing, by the bearer or marshall, whether you will
attend an issue here or not; if here, then when, that vpon
sufficient & standing security fro you, to abide the sentence,
we may appoint another time within some few dayes, as may
be convenient for the court to meet & you to attend; or
whether you will put in such security to come to a triall in
the court of Admiralty in England, & pforme according to
their award w"'in twelue moneths space, according to yor
42

33.0 RECORDS OF THE [1659
former proffers. Herevnto let vs have your plaine & full
answere, yl we may spend no more time to wait vpon this
matter in vaine, for if you will doe neither, we shalbe forced
to pceed to such issue as God shall guide vs to, without you,
as looking vpon or gouermt slighted by you, & rest,
This 16th of Yors, according to righteousnesse.
Febr. 1659. By order of the Court,
f Willm Gibbard, Secretary.
A third letter fro the captaine was received, woh is as fol
loweth, Srs, Yors I have received, wherein I vnderstand you are very
much displeased because I cannot gett an attorney to doe my
busines for mee, but, as I have formerly written vnto you, I
can get no man to officiate the place, and as you have written
to know whether I will give security to answere it in ye
Admirall Court of England, wch I shall doe, for it was my
former promise, and therefore I shall not deny any such thing,
but w'h this yt M1'. Raymond may put in security to psecute
the action in London, & I shalbe free to doe according to yor
[224] demand in this || pticuler. And if you are pleased to
draw obligations, I am very willing to signe to them, and I
shall be willing to answere the complaint of Mr. Raymond
within one moneths time after my arivall at London. Srs, I
thought good to give you this notice vnder my hand, in
respect I was not in a condition to write when the marshall
was aboard wth mee; so haveing not else at prsent, but
remaine, Yor freind to serve you,
Feb. 17'h 1659. John Penny.
This letter being read, it was demanded of the doctor, what
the security was wch the captaine would give, to wch he
answered that he would give his owne bond, prouided Mr.
Raymond put in security to psecute; but the security pro
pounded was neither satisfying to the plaint, nor court, who -
told ye doctor that they were but empty words, & y' it was
sufficient & standing security y' was expected.
A fourth letter from ye captaine was received, wch here
followeth, Honrd Srs,
I vnderstand that my former le.tter have given you noe
satisfaction, and you demand that I should give security to

1659] JURISDICTION OF NEW HAVEN. 331
answere the complaint of Mr. Raymond in England, then you
may be pleased to rest some few dayes after I am well to come
on shore, to gett those freinds that may stand, bound for mee,
wherein I shall endeavor. As for my owne part, I doe con
ceive by my doctor that you doe object against mee, & I have
given you no satisfaction as to yor desire, wch I must confesse
I doe endeavor to give as full satisfactio to this court as possibly
lies in mee, I being in ye condition that I now am in. Gen
tlemen, I have no further to trouble you at prsent, but euer
remaine yr freind to serve you. John Penny.
Febr. the 17th, 1659.
To this letter the court returned by the doctor, that if ye
captaine at the prsent would deliver the vessell & goods taken
fro Mr. Raymond, as security to the authority here, it should
satisfy vntill he had propounded further security, such as
might be sufficient in the case, both for his appearance &
abiding the sentence yt shall be declared as the minde of the
court in this matter, wch were it done, ye court pmised to
meet againe sometime about a fortnight hence, when he might
be fitt to appeare psonally to make his defence against the
plainteife ; vnto wch the captaine made no returne. By all
wch cariages of his, the court findeing that he did but trifle in
this businesse, they drew vp a narative of their proceedings, with
an .order anexed therevnto, & againe returned to the meeting
house, where the gouernor declared y' the court was begun
before, at woh time ye plaint' appeared, but the defendt
appeared not, since which time, what hath past betweene the
court & Captaine Penny, by writeing or otherwise, was read
& declared, woh being done, the aforesaid narative & order
was also read and published, wch is as followeth,
[225] || Whereas, sometime w'hin the moneth of Nouember
last, there came into the harboure of Newhaven a shipp, called
the Roebuck, vnder the comand of one Captaine John Penny,
who, when & while his shipp there rode at anchor vnder or
gouerm', sent forth a boat or small vessell, & therewithall
seized or surprized a vessell & goods belonging to one Richard
Raymond, a planter or inhabitant of Salem within the Massa
chusetts Colony, wch said vessell & goods they brought into
this harbour, & here have taken out & disposed the same,
without prsenting any inventory to the authority here, con
cerning woh action Mr. Raymond came to the gouerno1 &

332 RECORDS OF THE [1659
complained, as illegally & wrongfully done against him, who
therevpon sent forth his warrant to require Captaine Penny
to deliver vp the said vessell & goods to custody of ye authority
here, vntill a iust triall might be had of the case by a court of
magistrates, according to the order of this colony in such cases
prouided, for a right issue & lawfull carrying of the businesse,
both as it might respect Mr. Raymond or the Comonwealth of
England, whose interest by ye Act of Parliam' in 1651, ought
to be cared for by the next court of record where the prize is
taken, vpon the ground of that Act. But the said captaine
refuseing to obey that warrant, or to shew a comission or any
other authority for his so acting, at the request of the .said
Raymond, a court of magistrates was called & the captaine
againe sumoned to attend the heareing & issuing of the said
matter, wheneas yet againe ye said captaine neither psonally
nor by his attorney would appeare to answere the plainteife,
nor yet vpon seuerall respectfull requireings in writeing, sent
to him by ye marshall from the court then mett & waiting
vpon the businesse, would the captaine be brought to any meet
attendance at prsent, nor to produce any comission, Act of
Parliam', &c, to warrant his so acting, though it was prom
ised by ye court y' no such iust authority should be taken
away, but returned with safety to him againe, nor to put in
sufficient & standing security for an after heareing & issue,
when he might be more fitt for psonall attendance by ecouery
'from some bodily illnes, w°h (as he saith) doth now disenable
him therevnto, nor to put in such security as aforesaid, to
answere it in the Court of Admiralty in England within 12
moneths, as was tendred to him by the court, with consent of
the plainteife ; but he psisted by meere words & dilatory
expressions to put off ye businesse, as not mindeing to give
account, either here or in England, & so slighting all authority
here, & refuseing to be engaged as aforesd to any righteous
issue, as may become honest & peaceable men to doe.
Wherevpon, the court (considering the forementioned inju
rious & offensive carriages of the captaine, distructive to
gouermt & good order here, together w"1 some more then
ordinary incivillityes pleaded against him by the said Ray
mond, as abuseing his sonne, detaining all his bookes of
accounts & apparell in his chest, <fcc, vntill this morning, as
also an appearance of dishonorable & vnfaithfull demeanor
against ye Comonwealth of England, in acteing like an vnwar-
[226] rantable || plunderer, vnder the prtence of their author
ity; by all w°h practises he here seemeth to discouer himself
to be no freiud to order, peace or righteousnesse, as becometh
an honest christian man, or a loyall & faithfull English sub-

1659] JURISDICTION OF NEW HAVEN. 333
ject, or minister of state, as he prtends to be,) did therefore,
(first in behalf of or owne gouerm4 by him slighted, secondly
in behalf of the Comonwealth of England & yt Act of Parlia
ment by him neglected, thirdly in behalf of or confederate
neighboure, Mr. Raymond, his right to a course of justice to
be granted by vs,) order & enioyne, That all estate, goods or
comodityes, within this jurisdiction, belonging to the said Cap
taine Penny, or any of his company yt have not disowned his
acting in this businesse, shalbe forthwith seized & secured, to
answere for these injurious & contemptuous miscarriages.
And further, (y' so he may not bee enabled by vs to pceed on
in such mischeivous practises, distinctive to gouerm', peace &
righteousnes, as well against England as orselues,) we doe
prohibit & forbid y' no estate, goods, comodities, pvisions, or
other accomodations of any kind, or belonging to any pson or
psons whatsoeuer, shall be shipped 6 board any shipp or shipps,
vessell or vessells, of greater or lesser quantity, within this
jurisdicon, or any part or plantation therein, nor any horse or
horses, mare or mares, or other cattell, thing or things, any
other way to be conveyed or transported out of this colony or
jurisdiction, but vpon sufficient & standing security first put
in, to the authority of the place or plantation whence it is to
be transported or conveyed, not to be paid, traded, shipped or
supplied vnto the said captaine, shipp or company aforesaid,
vpon the penalty of the forfeiture of double the valew of what
shalbe so shipped, transported, laded, supplied or otherwise
conveyed to ye said captaine, shipp or company ,.either medi
ately or imediately, directly or indirectly, so that by no
meanes it may so be done at any time whatsoeuer while he or
they, shall remaine within 20 leagues of any part of the coast
of New England, or vntill this court shall give further order
herein, or the court of Newhaven, if they shall see cause to
intermedle in it, for whose direction herein we declare, that
this act aforesaid shall stand in force vntill that the captaine
have put in sufficient & standing security, to the vallew of
600", to come to a triall of his action with M1'. Raymond,
either here or in England, seasonably, & to pforme according
•to sentence in either court, & also have given this court satis
faction for any offence given against their authority & gouer
ment, or if he refuse, then vntill as afforesaid..
By order of the Court of Magistrates,
this 18'h of Febr. 59, p Wm Gibbard, Secret'.
Vpon which the court concluded, & ye aforesd Mr. Raymond
sd that he desired to be thankfull to ye court for their care &
faithfulnesse in this businesse.

334 RECORDS OF THE [1659
[227] At a Court of Magistrates held at Newhaven ve
last of Febr. 1659.
The Court being mett to consider of the businesse depend
ing betwixt Mr. Richard Raymond, plainteife, & Captaine
John Penny, defendant, (who both made their appearance,)
the gouerno1 declared that ye court was now ready to attend
the businesse, but it would bee acceptable to them, could
they come to some meet agreem1 betwixt themselves. The
captaine desired (being forced, as he said) yt it might proceed
to triall heare, or he would answere it in England. Mr. Ray
mond declared that he had suffered much damage by ye
captains act, neuerthelesse he was willing to agree wth the
captaine, but if not, he was ready to attend the issue here,
but declared if the sentence past against him, he intended to
appeale. Ye gouernor declared that he observed that the cap
taine said that he was willing to have it tried in England, he
was told yt it would be no offence to the court if they did so
agree. Mr. Raymond said if the captaine would deposit the
vessell & goods in the hands of the court, & engage as secu
rity the 8th pt of the shipp, with his owne bond, as he lately
tendered, he would accept it & it should be tryed in England ;
but yt ye captaine now refused, & withall declared that he
had often proffered Mr. Raymond his owne bond to answere it
in England, & that he should have his passage thither in his
shipp, wch he was still willing to doe, but to leave ye vessell
& goods here, where his businesse was not, would be very
prjudiciall to him. Mr. Raymond & the captaine thus differ
ing, the action proceeded, & the plainteife declared,
That he was forced by his imploym4 to have to doe wth a
Duch vessell, being he could not get an English vessell to doe
his businesse ; being at Stamford, he hired a Duch vessell,
whereof himself was to goe master, after wch at the Manna
toes heareing that Captaine Penny was here to take Duch-men,
he was thinkeing how to secure himself fro him, (though he
vnderstands not how he can doe it without a comission,) &
that afterwards he bought this Duch vessell at the Mannatoes
& came northward, but as he was returning to the Manna-

1659] jurisdiction of new haven. 335
toes, being w4hin a league, or a league & half, of Stamford
poynt, Decembr the 7th, Captaine Pennys men haled him &
demanded who & what he was, he told them y4 his name was
Richard Raymond & that he lived at Salem ; Mr. Griggs
comanded him to lower & come aboard, being come aboard
they asked whose the vessell was, he told them it was his &
shewed them a bill of sale for the said vessell, & that one of
them he conceived read the bill of sale & then told him y4
they must carry the vessell to Newhaven, wherevpon he asked
them where was their comission, but they shewed non ; Mr.
Griggs asked him if he would goe to Newhaven in the vessell,
wch he refused, chusing rather to goe ashore there, though he
was but thin clothed & forced to wade ashore, though in a
cold season, and cominge to Stamford, he consulted with Mr.
Lawes & Mr. Bell about this busines, vpon wch Mr. Bell went
downe to the water side to require an acc° of the captaines
men about this matter, but they who had pmised to come into
Stamford harbour were not there, but gon ouer to Oyster
Bay ; he further said that on the second day ye next weeke
[228] || he came to Newhaven, where he mett the captaine at
ye Gouernors, & told him that his men had seized his vessell,
& that he shewed him there his bill of sale, dated the 25th of
Nouember, wch the captaine objected against & put him to
proue ye eallity of it; vpon wch he was put vpon a iourney
to the Mannatoes & was there called by the court to make
prsent paym4 for the vessell or give security for the said debt,
so that he hath beene forced to travell to the hazzard of his
health & life, & was all this time deprived of his cloathing
& food, that had he not had freinds that supplied him, he
had beene in a very distressed condition, he therefore entred
a action of molestation against Captaine Penny to the vallew
of 600" for his vessell & goods seized by the said captaine.
Por the cleareing of sundry passages in ye declaration, ye
plaint prsented the testimony of Richard Ambler, as followeth,
Stamford February 8th, (59.) Testimony of Richard Am
bler, aged about 45, vpon oath he saith,
He being aboard the vessell wherein one Griggs was mr,
& there came a vessell by, & the men of the vessell said they
would take the vessell, & I told them it was Master Raymonds

336 records of the [1659
vessell, & imediatly Mr. Raymond stood vpon the decke & the
men said they cared not who it was, they would see who it
was, & when they came vp they comanded Mr. Raymond to
lower his sailes & he lowered, & then they comanded him
aboard & he came aboard, and they examined him, whence
he was, & what vessell it was, and whose it was, Mr. Raymond
said it was his owne, he had bought it, & they asked him what
he had to shew for it & he said he had a bill of sale, & they bid
him let them see it, & when they see it, the man y4 see it put it
vp in his pockitt & went to the helme, & then John Griggs
came aboard Mr. Raymond & asked for the bill of sale & Mr.
Raymond said one of his men had it^& Griggs comanded ye
bill fro the man & gave the man Mr. Raymonds bill againe,
& they tooke the vessell & sailed away into the cove & prom
ised & engaged to Mr. Raymond that they would not meddle
w4h any of the goods but a few of the turnipps, & the next
day they would bring the vessell into Stamford harboure & to
stay there till Mr. Raymond came againe fro ye captaine ; Mr.
Griggs advised Mr. Raymond to go to the captaine & come
againe to Stamford. Francis Bell.
Also a writeing (dated Nouembr 5th, (59.) witnessed by
Rich. Law & George Slawson,) was by the plaint' prsented,
containing an agreem4 betwixt himself & Lawrence Lawrisson
& Derrick Johnson, whereby it appeared that the sd Raymond
did at 10" a moneth, hire the vessell called the Black Eagle
of the parties aboue mentioned . of wch vessell the said Ray
mond was to goe master.
But to proue that not Mr. Raymond but Derrick Johnson
was mr, the captaine pr sented a Duch acc°, found in ye ves
sell, whereby it appeared that Derricke Johnson sometime in
December last received for fraight, wch he said did belong to
the mr to receive, vnto wch Derrick Johnson answered that
there was a mistake in ye date.
[229] || But that the said vessell was since bought, the plaint
prsented a bill of sale, (thereby to make it appeare,) wch was
now read, & is as followeth,
Translation by ) Appeared before mee, Mathew De Voz,
Carell Van Brugge ) notary publicq, admitted by the gou
ernor genr1 & councill of the New Netherlands, & the following
witnesses, M1'. Derrick Johnson & Lawrence Lawrisson, inhab
itants of this place, & doe declare to have sould vnto Rich:

1659] jurisdiction OF New haven. 337
Raymond of Salem in New England, the wch declareth to
have bought a vessell named ye Black Eagle, w4h saile &
treyle, & all appurtenances thevnto belonging; the wch bar
gaine is made the 15'h of October 1659, for the sum of four-
teene hundred gilders, to be paid in seawan, the paym' to be
made hetweene the 15th of October and new yeares day anno
1660. These that have sould ye foresd vessell, doe engage to
free him fro all challenges or pretensions for their parts, &
the buyer doth promise at the prfixed time to bringe their
paym', ye wch as above written is mentioned & in the bill
of sale is specified, all which is mentioned both buyer & seller,
& doe engage each other to pforme the same, cause or make
the same to be done, obligeing* themselues for the pformance
vnder all justices & judges. Made in the prsence of Timo-
theus Gabry & Jacob Fis as witnesses, the wch vnderstand the
English language.
Amsterdam, in the New Netherlands this 25th of Nouem
ber, anno 1659. This agreeth w'h ye principall,
Mathew De Voz, Nota: publiq.
1659

11 D
25 N
The captaine desired that the double date, & y4 it was
wthout witnesse, might be both considered & compared with
ye agreem4 for hire, wch is dated the 5th of Nouember 1659,
by ye English account, & the bill of sale the 15th of October,
Duch account, wch makes ye sale to be a moneth before y
hire, wch proues ye sale not to be reall. To wch the plant
answered, that he was not acquainted with Duch lingo, but
ye reallity of the bargain was this, that he bought the said
vessell o the 25th of Nouemb, Duch account, & as for y4 of
the 15th of October, he knew nothing off, but it was a mistake
of the writer, wch to make appeare, Mr. Raymond prsented in
writeing as followeth,
An extract out of the court booke of the citty of New Am
sterdam, held the 13th of January, 1660.
Translation by ) Lawrence Lawrisson & Derrick John-
Carell Van Brugge, ) son, plainteifs, against Mr. Rich: Ray
mond defendant. The plaint desire of the defendant paym4
for the some of foureteene hundred gilders, for a vessell named
43

338 RECORDS OF THE [1659
the Blacke Eagle sould vnto him, & to put in security for the'
paym4 thereof.
The defendt acknowledged the debt, saying he had nothing
to say against it, & desired time for payment.
The demand & answere heard, of both parties, haveing read
[230] all || their writeings, declarations, witnesses & what
therevnto appertaineth, before vs y8 sellout, burgermasters &
assistants of this city, doe finde no otherwise but that it is a
true & iust bargaine, bought & sould, notwithstanding in their
act or bill of sale, the date thereof is differing, wch we finde
by mistake of the writer is comitted, therefore we condemne
the defdt, to pay vnto the planteife the some aboue mentioned,
or give him security according to agreem4 as by ys bill of
sale doth appeare, & condemne ye defendt to pay cost &
charges in this cause.
Was vnderwritten, By order of ye Court,
Johanis Neuius, Secretary.
For the further cleareing of the case, the plaint also prsent
ed another writeing containeing certaine intergatories w4h
answeres vpon oath, wch originall writeings are in the hands
of y8 planteife, & are as followeth,
Translation by )
Carrell Van Brugg, \ intergatories.
Vpon w°h by request of Derrick Johnson & Lawrence Law
risson, in the prsence of the Heer Schout, Nicasius De Sille,
& ye prsent Burgermasters, Martine Crieger after citation Mr.
Timothy Gabry & Jacob Fis to be examined.
1
Answere. The age of the witnesses.
Timothy Gabry aged
about 55 yeares, fro
Amsterdam. Jacob
Fis aged about 45
yeares, borne at Am
sterdam. 2
Is it not the trueth that they witnesses
vpon the 25th of Nouember 1659, have
Answere. testified concerning ye sale of a certaine
Yea. vessell named ye Black Eagle, then sould
by y8 requestants vnto one Mr. Rich:
Raymond of Salem in N. England.
3
If they witnesses did not vnderstand
as now by these prsence are vnderstand-

1659] JURISDICTION OF NEW HAVEN. 339
Answere. ing, that the aforesaid bargaine was made
Not otherwise as vp- vpon the 25th of Nouembr, effectually &
on ye 25th 0f jIq. accomplished, notwithstanding that in
uembr, anno 1659. the act made by ye notarys Mathew De
Voz is expressed certaine sentences of
the 15th of October 1659, as when at that
time the bargaine seemeth to be made.
4 4
Answered. If need requireth, they will depose
They were alwayes theire declaration vpon oath.
ready to doe ye same.
These intergatoryes above mentioned, & the examination
of Timotheus Gabry & Jacob Fis, by demand and answere
[231] || as appeareth in the margent, this 10th of January
1660, Amsterd in the New Netherlands, in the prsence of the
Honorble Gouernor Genr" of the New Netherlands & ye Hon-
orble Councill of New Amsterdam, in ye prsence of the Dr.
Schout, N: De Silla. Johanis Neuius, Secretary.
Translation of the oath aboue specified, as followeth, by
Charles Bridge.
Vpon the 10th of February, anno 1660, hath Timotheus
Grabry & Mr. Jacob Fis verified their declaration o ye other
side specified, being in the hands of the schout, Nicasius De
Sille, vpon oath, before the court of the burgermasters &
schepens of this towne. of New Amsterdam in ye New Neth
erlands, ye date aboue written. Johanis Neuius, Secretary.
These writeings being read, the captaine declared that he
was vnacquainted with y8 Duch affaires, but he could proue
that the vessell was a Dutch vessell vpon hire, & not bought
as was prtended by the plaint. To woh end, he prsented these
testimonyes, woh ae as followeth,
Mr. Tho. Pell testifieth that before Mr. Raymond went fro
Fairefeild to Norwalke with the vessell wch is taken, yt Mr.
Raymond told him in his house that he had hired that vessell
by ye moneth that is taken, & he said he thought he might
buy her if he would. Humphry Hid was prsent at the same
time. Tho: Pell.
Humphry Hid testifieth that he was at Mr. Pells house, &
heard there Mr. Raymond say that he had hired y sloop woh
he was at Fairefeild last with, this he testifieth to ye best of his
remembrance, & Mr. Pell was prsent the same time, as he saith.
These witnesses were sworne to what they have aboue
testified this 24th of Feb. 1659, in Fairefeild, before mee,
Nathan Gold.

340 RECORDS OF THE [1659
Jonathan Lockwood of the age of aboue 24 or 25 yeares,
testifieth that at Stamford that Duchman yt went wth Mr.
Raymond in the vessell wch he said the capers had taken, he
said y4 Duchman told him in discourse, that part of ye vessell
which he said the capers had taken, it was his owne, & that
they had taken from him fifty pound starling in goods.
This witnesse was sworne to what he hath here testified,
this 24th Feb. (59.) in Fairefeild, before mee,
Nathan Gold.
Joseph Lockwood testifieth that when ye vessell wch is
reported to be taken, that Mr. Raymond was in, in Fairefeild
harboure, that Mr. Raymonds sonne told him that his father
had hired that vessell for about three moneths, vntill his
fathers vessell came fro Virgenia.
This witness was sworne to what he hath here testified, Feb.
24th, 59, in Fairefeild, before me, Nathan Gold.
[232] || To that wch is testified by Mr. Pell, Mr. Raymond
answered, that it was true that he said to Mr. Pell that he had
hired the vessell, (as before he had declared,) but yt he had
bought her, he was not then bound to give an acc°, & the
reason was because he had signified in a letter to his sonne fro
Stamford to Stratford, Nouembr 6th, that he had hired her,
wch was so at that time, wch did so appeare by a passage in y'
letter wch was now read. Mr. Raymond was asked whether
he was at the Mannatoes betwixt the time spoken off by Mr.
Pell & ye seizure of the vessell, to wch he said noe.
Anthony Elcote vpon oath testified, that Mr. Raymond told
him at the Mannatoes, that he wanted a vessell to goe into ye
north, but he needed not to buy one because he had two ves
sells of his owne, a catch that was gon to Virgenia and a small
vessell hired to his sonne, wch he said would come into his
hands in ye spring, (as he remembers,) & y' he had hired of
the Duchman, at 10" a moneth; but he would agree with the
Duchman & have a bill of sale, that if the captaine should
meet with him, he might have somewhat to shew, but if he
should misse of him, he might returne the vessell to him
againe; this was to ye best of his remembrance, in the after
noone next before Mr. Raymond came fro the Mannatoes.
Vpon wch Mr. Raymond affirmed that the vessell was bought
by him in ye evening before he came away.

1659] JURISDICTION OF NEW HAVEN. 341
Mr. Edward Palmes also vpon oath testified that vpon ye
18th or 19th of Nouember, he meeting w'h Mr. Raymond at
New London, he told him that ye vessell he had was a Duch
bottom & y4 he was in treaty with y8 Duchman about buying
her, but he had not fully bought her.
Mr. Raymond saith that he knoweth not that he so spake to
Mr. Palmes, but vpon the question put to him, granted that
after his speech with Mr. Palmes he was not at the Mannatoes
before the said vessell was seized.
The captaine further alleadged, that it appeareth by M1'.
Raymonds owne expressions that she was a Duch vessell, &
desired that some further testimonyes might be received &
considered. Wherevpon Wm Peck being called, testified that Mr. Ray
mond said that the Duchmen, or Duch gouernor, bid him
looke to his estate, they would doe well enough to right them
selues, & yl Mr. Raymond wisht yt Mr. Hudson or some other
did not suffer for it.
Mr. Bryan testified that Mr. Raymond told him, that if ye
vessell were not restored, the Duch would right themselues on
ye English. To the same purpose testified Mr. Goodenhouse.
John Allen said that he heard Mr. Raymond say, that the
Duch gouernor threatened the English to right himself vpon
them. Mr. Raymond haveing formerly pleaded against the captaine
for an vncivill carriage towards him, in denying to deliver his
chest, w°h he also said he could make proofe off by WiU Trow-
bridg, wherevpon the said William Trowbridg was now called,
[233] who testified that Mr. Raymond desired him to || goe
with him to Captaine Penny, & he went aboard & into the
great cabbin, but Mr. Raymond stood without vpon y8 ice, &
yt he heard Mr. Raymond demand his chest, but what y8 cap
tains answere was he heard not.
Sargeant Beckly said that he heard Wm Trowbridg tell the
captaine that Mr. Raymond was come to speake with him, and
so passed into the great cabbin, but to heare the discourse
betwixt the captaine & Mr. Raymond he could not.
Edward Preston said that the captaine told Mr. Raymond

342 RECORDS OF THE [1659
that he should have his chest and cloathes when he had looked
into it.
The captaine affirmed that he denyed not Mr. Raymond his
chest, onely he told him he must first looke into it, as is testi
fied, & the key was not then present, so that it could not be
done at that time, but since he hath delivered it.
But Mr. Raymond pleaded that sundry things are wanting
in his chest, & that he found no apparrell in it save a cloake,
& that whereas he had about 20" in wampom, he now Andes
but 8" or thereabouts; to wch the captaine replyed yt Mr.
Raymond when he saw it opened said that he saw not but it
was as he left it, & yt whereas now 20" is spoken off, that Mr.
Raymond hath formerly said that he had 10" there, & some of
it hath been taken out by Mr. Raymond himself, who denyed
not, but withall said that he tooke out but 6 or 7s.
The Court haveing heard the severall allegations, answers
& replyes, of plaint. & defendant, with the seuerall testimonyes
on either side, it was declared that it appeares that Mr. Ray
monds vessell & goods hath beene seized by Captaine Penny;
he was desired to shew by what authority he hath so done.
To wch he answered, he supposed that it was proued from
Mr. Raymonds owne words that the vessell in question was a
Duch vessell. It was againe demanded by what authority he
hath made this seizure; to wch he now said that he had a
Sweads comission, (but withall granted that it was of no effect
here,) & besides he vnderstandeth that the Acts of Parliamt
will beare it out. The captaine was told that it must be vpon
ye breach of some law, it was now called for that that law
might be shewed ; he said that no man was to trade in any
Duch bottom in any harboure, creeke or coue of America, but
ye law he produced not. The captaine was'told that ye court
had been enquireing, first, whether it was a Duch vessell or an
English vessell, & yt Mr. Raymond had endeavoured to proue
her an English vessell, but he had endeavoured to proue her
a Duch vessell, & yt the sale pleaded by Mr. Raymond was
delusive & not reall; now secondly, it is enquired how &by
what authority he hath seized this vessell, but the Acts pleaded
are not produced, but the court must seeke out grounds for

1659) JURISDICTION OF NEW HAVEfcT. 343
ye iustificatio of his action ; the captaine againe pleaded that
he supposed ye Acts of Parliamt & articles of peace will be to
him a sufficient warrant, he was told yt no such acts were euer
sent ouer to be published here, to wch he replyed that he
expected to be tryed in an Admirall Court, where the lawes
[234] are knowne, || but he is now forced vpon a triall in
refference to his trade wch is here interrupted.
It was demanded both of plaint & defendt if they had ought
more to say in ye case, but nothing being prsented, ye court
adiourned till the morrow, of wch publique notice was now
given. On the morrow the gouernor demanded of plaint & defendt
whether they were come to any agreem4 betwixt themselues,
to wch they said no, wherevpon the gouernor declared that ye
court takeing ye case as they left it ye last night, that all mis
takes may be pruented & ye grounds of the courts so pceeding
may be declared, they have drawne vp their mindes in write
ing, wch was read, & is as followeth,
Forasmuch as vpon complaint made vnto ye authority here
by Richard Raymond, a planter & inhabitant of Salem within
ye Massachusetts colony in New England, against one Captaine
Penny, captaine of the shipp called the Roe Buck, belonging
to the city of London in old England, of wrong & injury done
vnto him by seizing his vessell, called the Black Eagle, vpon
this coast, neare a place called Stamford point, & thence car-
ryed her away into Newhaven harbour, & there vnladed the
goods & broke bulk, before or without prsenting an inventory
vnto the gouernor or gouerm4, nor to obey his warrant sent to
require the said captaine to surrender or deposit ye said estate
vnder safe custody for triall, a court of magistrates was then
called at ye request of the said Raymond, to consider y8 busi
nesse, who meeting on the 18th of February, did order v&
enioyne that all trade, comerce & supply should be denyed
vnto the said captaine & witheld by all the inhabitants, wth all
or any estate within this colony, vpon the grounds expressed
in that act or order, vntill that he should put in sufficient &
standing security to answere the matter & to shew by what
authority he had so done, & to abide the sentence therein,
either here or in the court of Admiralty in England, as had
demanded of him ; vpon wch restraint the sd captaine came on
shore & declared himself to submitt to a triall here, if the court
would grant another attendance to y4 businesse, wch was done,

344 RECORDS OF THE [1659
& both y8 captaine (pforce, as he said,) & the sd Raymond
then appeareing & prsenting sundry pleas & testimonyes very
contradictory each vnto other, each party haveing threatened
to appeale vnto the Comonwealth of England & there to
reprsent the case to the court of admiralty for justice, in case
they like not the sentence here, so that we could expect no
acquiescence in whateuer issue could be here adjudged, nor
did the captaine produce any comission, Act of Parliamt, &c,
vpon woh he had so acted, or observed, onely he said he had a
Sweades comission, but shewed no, saying that it was'non
effect here. For wch causes or reasons aforesd, as also for that
no such Act of Parliamt phibiting neighbourly comerce betwixt
adioyning colonyes of Duch & English in a time of amity
betwixt the two States of England & Holland, or such fre'inds
or subjects of either as were so scituate in these parts, hath
[235] ever been sent ouer hither to be pmulgate || nor the
extent of it euer declared to prohibit y8 sending or selling to
such Duch neighboures pvisions or victualls for their necessary
vse & liuelyhood, woh is ye substance of all the trade betwixt
vs on the English part, vnlesse some wampom wch is not other
wise tradeable. Vpon these & such like grounds as aforesaid,
the court of magistrates here met at Newhaven, have vpon
this first of the first moneth anno (59,) declared & ordered,
that the whole matter be transmitted vnto the honorble court
of admiralty in London, to be there tried & issued ; meane-
while, the whole estate, according to a true invoyce of what
was seized, & iust apprisem4, to remaine here vnder sufficient
& standing security, to be payable vnto whomsoeuer shall
have order from that court to receive it, when such order
shall be produced & vndoubtedly appeare to be the sentence
of that honorble court. Which said triall or posecution is
hereby enioyned to be attended by either party before one
whole yeare be expired next after the date of this order, vpon
the penalty of ye forfeture of all clayme or interest in the
estate wch is here so deposited & secured, by the party faileing
so to psecute or attend. The charges of the first court here to
be borne by the said Raymond, & the charge of this second
court by the said captaine for the prsent, vnlesse or vntill the
court of admiralty shall otherwise order or impose it vpon
either party. Vpon observance of this order, on the captaines
part, the former order or restraint to bee made voyd & the
captaines other security is hereby released.
The businesse betwixt Mr. Raymond & Captaine Penny
being thus issued, the captaine was told that ye affronts he
hath offered to the gouerm1 here (in disobeying ye gouernorB

1659J JURISDICTION OF NEW HAVEN. 345
warrant sent by the marshall, yt required onely a delivery of
the vessell & goods vnto custody of autiiority here, vntill a
triall had past in y8 case betwixt Mr. Raymond & himself,)
remaines yet to be considered. Vnto wch the captaine
answered, that he had beene at the carrying in of many prizes,
but he neuer knew any disposest of them, but if he did any
thing affrontingly to ye gouerm1 he was sorry for it, but with
all said, that he desired y8 marshall to prsent his service to the
gouerno1 & to tell him yt y8 vessell & goods was at his comand ;
he was told yt was but words, but the thing was not done,
wherevpon the warrant was read & the captaines answere, wch
here followeth,
Marshall, You are hereby required to goe aboard the shipp now in the
harboure, & there or elsewhere in the towne, demand of Cap
taine Penny the vesseU & goods wch he tooke of Mr. Ray
monds, to be deliu'ed vp to the gouerm4 in this place. Vpon
y8 deliu'ry whereof, let a iust inventory be taken, before suffi
cient witnesses, of what you receive, wch you shall put in safe
custody & securely keepe, till we can call a court to judge in
the ease, wch shalbe without any vfiecessary delay when the
wether is seasonable for the magistrates to come together,
whose order we hereby engage vessell and goods shall be ready
[236] to attend, whether to Captaine Penny, || if to him
judged lawfull prize, (due care being taken for that part wch
belongs to the Comonwealth of England,) or to Mr. Raymond,
if it otherwise appeare. Wch if he refuse to doe, take his
answere in writeing before witnesses & returne.
Dated at Newhaven y8 ) & Francis Newman, Gouernor.
25th of January, 1659. \ of Newhaven Colony.
Captaine Pennyes answere, January 25th; (59.)
That himself & sloop was at the comand of y8 gouermt, but
would not deliver it on that warrant as I carryed to him except
the authority would take it away from him, otherwise he could
not answere his masters in England that did imploy him.
Witnesse
. Tho. Kimberly,
Edward Preston.
the marke of
Francis n Browne.
The captaine was told that he had but trifled in this busi
nesse, sometimes prtending to a Sweads comission, sometimes
44

846 RECORDS OF THE [1659
to a Portugall comission, sometimes to a English comission;
the last he now denyed, but was asked if he had not said he
had a comission & if the gouernor would send aboard he would
shew it, & his first letter speakes the same, and if he did not
meane an English comission he then abused vs, for he himself
said yl an outlandish comission was of non effect here ; he was
asked if hee had not also said yt he had no Sweades comission,
wch he granted to be true that he did so say at y8 Mannatoes
yt he might get passage by, woh vntrueth y8 court witnessed
,against & told him that he had by these carriages much dis
honoured himself. The captaine acknowledged that it was his
fault that he did not obey the warrant, & desired the court to
passe it by, & declared y' it was his purpose not to give offence
to this gouerm4 while hee stayes, nor to any gouerm' where
he shall come. The captaine was told that the consequences
would bee hazzardous, both as it referrs to strangers or those
amongst orselues, if men should be suffered to dispise ye
authority & gouerm' settled amongst vs, but he being a
stranger, the court did encline to favour if his future carriage
whitest he remaines here be to satisfaction.
Mr. Scott did desire it might be noted y' he did protest
against Captaine Penny, & declared that he was damnified
80" by the interrupting of his proceedings in his voyage, occa
sioned by his act concerning ye vessell he hath seized of Mr.
Raymonds. [237] || The vessell & goods returned by Captaine John
Penny, & deposited with the court, (in refference to the case
depending betwixt Mr. Raymond & himself,) being inventoried
and apprized, as in a paper subscribed by Wm Peck, Thomas
Kimberly, A in the pticulers doth appeare, doth amount
to 238li, 9s, 2d, besides w°h Mr. Raymond demanded of Cap
taine Penny, as seized by him & not returned, certaine goods
to the vallue of 45", 6s, 8d, wch here follow,
11 s d 1-i s i
Beife, 04 00 00 Butter in a fatt, 01 00 00
Porke, 03 08 11 150" biskitt, 01 07 00
Butter & a paile, 00 12 00 12 bush: onions, 02 08 00
12 bushell turnipps, 00 12 00 2 pewter potts, 00 04 00
A wascoat, 00 07 00 3 brest wimbles, 00 03 00
A p'e of breeches, 00 08 00 2 homers, 00 01 06

1660]

JURISDICTION OF NEW HAVEN.

347

li a d

li s d

6" pepp,

00 14 00

A skin of beavor,

00 16 00

Broad cloth 3 yrds £ i, 03 07 06

30 cheeses at 18d,

02 05 00

A munmoth capp,

00 04 00

Derrick Johnsons goods.

2 p'e gray stockings,

00 05 00

A boosh. pease,

00 03 06

Wampom,

08 00 00

A coate & breeches,

02 00 00

A shirt, ribbim'rajr

1 01 15 00

A red capp,

00 01 03

wampom, a neckcloth,

2 pillows & cases,

00 08 00

Weights,

00 03 00

Flower,

00 04 00

2 sacks,

00 07 00

Wampom,

08 00 00

2 yards of bangle,

00 05 00

6" butter,

00 03 00

A firkin of butter,

01 10 00

5" candles, Total,

00 04 00

25 18 05

19 08 03

45 06 08
Mr. Richard Raymond, Lemuell Raymond his sonne, aged
about 15 yeares, & Derrick Johnson, or at least two of them
to euery pticuler aboue mentioned, did vpon oath testify that
these goods, as aboue, were all seized by Captaine John Penny
& not returned, to ye best of their knowledge, & that the
vaUue was iust, according to their best light.
Before Mr. Francis Newman, Gouernor,
the 22th March,
xu6 0-
For woh goods Captaine Penny left salt (as he said) 300
bushell as security.
[238] At a Court of Magistrates held at Newhaven, the
28 of Mat, 1660.
Francis Browne of Stamford being bound ouer to this court
to answere Samuel Plumb of Brandford in an action of the
case concerning Edward House, appeared, at whose desire, (he
being not prpared,) the businesse was respitted vntill ye court
of magistrates in October next. In the meane time ye security
already taken at Stamford for his appearance at this court, to
stand for his appearance then. Mr. Crane ye magistrate at
Brandford was desired to have a vigilant eye vpon Edward
House that he withdraw not, but that hee then also attend the
court vto answere the complaints off Francis Browne against
him.
348 records of the [1660
Joseph Gernsey, plaint'. ) The plaint', entred an action of debt
Rich. Mills, defendant, ) & damage against the defendt, to the
vallew of 9" or thereabouts, dew vpon two bills; ye defendt
owned ye bills, but pleaded that part of the debt was paid ; the
plaint & defendt agreeing betwixt themselues, the court gave
no sentence in the case.
Mr. Mills, plainteife, \ The plaint' entred an action of debt
Widdow Seely, defendt. ) to the vallew of 4" against the
defendt, who being called, answered not, but Leiftenn' Bell on
her behalf pleaded that since Mr. Mills had ye warrant he told
him, & he told/the defendt, that he would not prosecute ; to
wch Mr. Mills answered that what he said was onely condition-
all, but he did tell her the last day of the weeke, that he would
psecute. Leiftenn' Bell now engaged that he would vnder
take that sometime this summer the debt should be paid
according to agreem', woh was the prsent issue at this time.
Sigismund Richalls of Brandford, security for John Heard
man for a fine of 10", and for the good behaviour of the said
John Heardman y8 some of 50", as by ye records in May 1659
doth appeare, at his desire & request was now released from
his engagem1 for the 50", & vpon ye receit of a bill fro Ensigne
Bryan for paym4 of the 10", wch ye court accepted, the said
Richalls was acquitted fro the said debt.
MT. John Youngs, plaint. ) The plainteife entred
Richard Smith of Setaucut, defendant. ) an action of debt
against the defendant who stood bound in a bond of 10" for
his appearance at this court, as was testified by Mr. Wells, who
being called answered not.
John Budd, junior, plaint. ) The plainteife entred an action
Richard Skidmore, defendt. ) of complaint vpon suspicion of
felony, against the defendt, for whose appearance certaine
[239] goods belonging to the said Skidmore were || attached,
the coppy of woh attachm4 or warrant was prsented & read,
but found in a pticuler to be defective, being dated May 3,
1660, & appearanc enioyned May next, but Mr. Wells testi
fied that Skidmore did vnderstand that he was to appeare &
John Budd bound to prosecute y8 attachm4 at this court. Ye
defendt being called answered not, wherevpon the court did

1660] JURISDICTION OF NEW HAVEN. 349
order that ye attachm4 on the goods is to remaine vntill he
answere John Bud in y8 case, or vntill further order fro the
court. According to what was desired by the court, May the 23,
1659, the mare in question betwixt Mr. Peirson & John
Cowp was prsented to be veiwed by ye court, at woh time
brother Moulthropp said that Mr. Peirsons colt was a bright
dun, but Mr. Peirson affirmed that it was a darke dun.
Brother Cowper said that he neuer bought a bay colt, but a
black browne colt, & desired that it might be considered that
Mr. Peirsons witnesses say yt Westalls mare had a bay colt ;
wherevpon the court told him they have beene ready to heare
him or any witnesses produced by him, & are still ready, if
he please to prsent them, but he did nothing that way, only he
said that he could proue that this was ye mare he bought, wch
he gave a small slitt in ye eare wch grew vp againe, the trueth
of wch was not much questioned, yet he might buy a wrong
mare. After this ye court haveing veiwed the mare & con
sidered the testimonyes, after some respitt, ye defendt de
clareing that he had no further to say at prsent vnlesse he see
cause of a reveiw, the court (Mr. Gilbert excepted, who also
laid claime to the sd beast,) by way of sentence declared,
That they do not apprhend any cleare euidence by either
party prsented, yet the case haveing beene long depending,
woh ye court have desired might have beene issued betwixt
themselues, or by the help of some freinds with them in way
of arbitration, but the defendt apprhending himself not in a
fitt capacity so to end it, the court saw themselues called to
put an issue to it, & therefore, according to the euidence
prsented & compared with ye mare now she hath beene veiwed,
they doe at present judg that the most probable right falls on
ye plainteifs side, and that he shall have ye mare & what
encrease she hath, in his possession, a way being still left open
for a reveiw by the defendt if he see cause to prosecute that
way, or for claimes by any other pson, wthin A
And for the charges wch have beene expended about ^ this
businesse, that they be borne equally betwixt them.
Anthony Waters, attorney for John Concklin, Tho Osman

350 RECORDS OF THE [1660
& Tho Rider, inhabitants on the land called Hashamommock,
plainteifs, entred an action of the case against John Budd
senior, for breach of an ancient order made for ye prservation
of good neighbourhood, wch order or agreem1 is as followeth,
[240] || We whose names are vnderwritten inhabiting on ye
necke of land comonly called Hashamommock; considering that
our comfort & quiet settlemt would consist & stand in ye enjoym1
of good neighbourehood, did make this agreem1 at our first
sitting downe, that what man soeuer should desire to remoue,
& so endeavour to make sale of his accomodations, should put
in such neighbour as the other inhabitants liveing with him
shall approue off. William Solman.
This is a true coppy of ye Henry Whitney.
record, coppied by mee, Edward Tredwell.
William Wells, Recorder. Tho Benedicke.
John Budd junior appeared to answere the sute. After
sundry pleas made, both by plaint. & defent, the plaint finde
ing himself at prsent not sufficiently furnished to make
proofe of some pticulers materiall in the case, desired onely
that the court would declare whether they approue the orrig-
inall agreemt, vnto W°h ye court returned that they see not
but that ye agreem4 is righteous in itself and bindeing to those
that did first engage and to their successors, pvided that due
meanes was afforded for ye knowledg of it. But it being not
sufficiently cleared that the defendant had sufficient knowledg
of it, ye plaint also pleading that he doubts not to make
proof of it when they come home, they doe there refer this
question to be issued by ye court at Southold, (where the
state of the question is best vnderstood,) if ye plainteife shall
see cause further to prosecute.
There being prsented to the court by Mr. Wells, an award
drawne vp by^ himself, & otherwise therevnto subscribed,
touching a defamation raised by Henry Case & Theophilus
Curwin, against seuerall psons therein nominated, for our
judging in the same, being divers of their neighbou*res in
Southold were vnsatisfied theewth, as also an acknowledgm4
subscribed by the said Case & Curwin ; now we doe hereby
declare, that the arbitrators having submitted what they con
ceived might be iust, for satisfaction in yt case, in ref
ference to corporall punishm1, vnto allowance of authority,

1660] JURISDICTION OF NEW HAVEN. 351
we see no cause to alter the award, but yt it be observed in
that part as in all other, as the authority of Southold see fitt,
& not otherwise.
The proceedings specified in a bond vnder the hand & seale
of Richard & Josua Raymond, concerning ye prsent disposall
of some part of the goods depositted w4h ye court in refference
to a differrence betwixt Mr. Raymond & Captaine Penny,
. transmitted to the court of Admiralty in England for issue,
wch was done by ye gouernor, deputy gouernor & Mr. Gilbert,
was approued by the rest of the magistrates.
Richard Law of Stamford, (in the behalf of some orphans,)
entred an action of the case against Geo : Tucky, concerning
a mare. Mr. Mills, in behalf, of ye defendt., prsented a
[241] || writeing by him subscribed excuseing his non-appear
ance, & for the cleareing of the case. But it being intended
yt two of the magistrates should shortly keepe court at Stam
ford, the businesse was respitted vntill then, for heareing, if
they agree not betwixt themselues in the meane time.
Mr. WeUs certified yt John Corey, John Swasey, Mr. John
Booth, Joseph Youngs senior, Tho. Rider, Edward Petty,
Tho. More, junir, (who were all bound ouer to this court, as
appeares by ye records of May 23th, 1659,) had taken the oath
of fidelity. John Concklin, plaint in an action of trespasse to ye
vallew of 10", against John Corey, defendt., declaeth,
That the defendt. kept diuers swine in about the corhons of
Hashamommuck lands, where he had no right so to doe,
Whereby his now wife in her widdowhood had sustained great
losse in her cropp of wheat, & pease especially, & in two loads
of pease by the defendts hoggs after they were housed, & al
though ye pi wife gave the defendt notice divers times of his
hoggs continuall trespassing, & that although her sonne in
law kept the feild o purpose to prserve the pease & other
graine there growing, yet his hoggs would not be kept out,
neither did the defendt vse meanes to pruent them, to the
plaint knowledg, although he had no right to keep hoggs
there as aforesd.
The defendt denyed not that there was damage done by

352 RECORDS OF THE [1660
his hoggs in the plaint pease, but withall said that part of ye
damage was done by hoggs belonging to other men, as well as
his. The Court haveing heard the demand of the plaint', w'h
the answere of the defendt, wth seuerall testimonyes given in
on either side, at last came to vnderstand that ye matter had
been arbitrated at Southold. The arbitracon was cald for,
prsented & read, wherevpon it was demanded who broke that
arbitration. Jo: Corey confessed it was his act, but withall
gave his reasons, wch satisfied not, for woh he was reproued;
after wch the court proceeded to sentence, & declared that
the defendt shall pay to the plaint' for damage done in his
pease, 20s, & for his trouble, expence & charges, 20s, as was
ordered by y8 arbitrators, fro whose judgm1 the court saw
not cause to differ, vnto wch they now add 40s for further
charges, & 10s for the fees of court. All wch, being 4",
10s, is to be paid by ye defendt to the plaint, & in case of non-
paym1 the court of Southold to grant execution.
John Concklin, plaint', in an action of slaunder to the
vallew of 50", against John Corey, defendt, declaeth,
That the defendt on a training day, before a great part of
the traine band, did endeavoure by his words to take away
his repute & esteeme amongst his neighbours, & lay him below,
y8 heathen, & to that end spake words to this effect, or the
same words following, viz4:, that John Concklin was a neigh-
[242] boure not fitt for an Indian || to live by, & when the
plaint' & defendt were both sicke, & the plainteife was not
able to craule out of his house, yet then he killed one of the
defendts hoggs, & divers other words at other times of a
slaunderous nature, w°h will appeare more fully by the eui-
dences that shall be given in.
The plaint' prsented sundry testimonyes to proue ye sub
stance of his declaration, wch being read, the defendants an
swere was called for, who said that his was a guilty pson &
could not justify himself, he had done evill & he saw it, he
confessed that he had done manifest wrong to the plaint' by
speakeing to his reproach as he had done, w°h he was sorry for.-
After w«h the court declared by way of sentence, that the
defendt shall pay the charges of the court, w°h is 10s s, & that

1660] JURISDICTION OF NEW HAVEN. 353
it is desired of Mr. Youngs the reuered pastor to y church at
Southold, wth Mr. Wells & Mr. Youngs the prsent deputyes,
that they draw vp an acknowledgm1 suteing the case, w°h is'
to be duely published by John Corey, to the cleareing of John
Concklin in this matter.
John Corey, (out his affection to W™ Solmans children
(as he sd) for the kindenesse he had received from their
father,) did now tender to part wth a peice of land woh was
his by the guift of Wm Solman, for wch he will accept of
corne, cattell and wampom (at a due vallue) for pay, & abate
20s of the price as it shall be determined by goodman Reeues,
goodman Purrier, goodman Terry & goodman Tucker, who
were by ioynt consent now chosen to determine that question,
if John Concklin accept, & Wm Solmans sonne may enioy it.
John Budd junior of Southold, plaint in a action of slaun-
der to the vallue of 20", against John Corey, declared that
the defendant hath, as he conceives, charged him (in y8 open
meeting house) with takeing a falce oath in a testimony he
gave in against him concerning pease.
The defendt referd himself to the euidence in y8 case.
The depositions of Ensigne Glover, Tho. Mapes and John
Concklin were by the plaint' prsented & read, as followeth,
These deponents being together about the begining of March
last, at the meeting house in Southold, saw a coppy of an
arbitracon delivered to John Corey, touching certaine differ
ences arbitrated & ended by indifferent arbitrators betweene
him & John Concklin abouesaid, at wch y8 sd John Corey was
much discontented & said he was wronged by falce witnesse ;
the deponent, Charles Glouer, laboured w'h him to submitt
to the arbitration, saying many men in England were hanged
through falce witnesse, this was but a 20s matter, it was bet
ter to suffer then be contending, or words to that purpose, but
John Corey replied, so am I now hanged through falce witnes ;
and the said deponents, Charles Glouer & John Concklin,
[243] further say, y1 John Concklin asked || John Corey how
he was hang'd by falce witnesse, he replied he was hang'd by
falce witnesse about the pease specified in the arbitration, or
words purporting the same in substance.
Deposed the 17 of May, (60.) Charles Glouer,
by Charles Glouer & John Concklin, Thomas Mapes,
before mee, Wm Wells. John Concklin.
45

354 RECORDS OF THE [1660
John Concklin said that he neuer named John Budd in this
businesse that he knowes of, wherevpon the plaint' was asked
how he proues that John Corey slaundered him, being (as hee
sayes) he named him not, to wch he answered that there was
no other that gave testimony concerning the pease, therefore
by cleare consequence he must meane him who was the onely
witnesse in the case. For the clearing of ye case, Mr. Wells
testified that there was non that gave testimony before the
arbitrators betweene John Concklin & John Corey but John
Budd, and that John Corey had owned that he did intend
him & had also tendered him satisfaction. Charles Glouer
also testified, wch was in writeing prsented,
That he being in presence occasionally at goodman Hortons
house & there being John Corey & John Budd at difference
about some words y1 had passed fro John Corey against John
Budd, in woh there was a apprhension of slander, and then &
at that time John Corey did tender such satisfaction vnto John
Budd that, if the case had beene his owne, he could not chuse
but have taken it. And this vnder my hand I give, ty me,
Charles Glouer.
John Corey now confessed that he spake those words &
hath thereby done John Budd wrong, wch he was sorry for ;
he further added that he did tender John Budd to give him
such satisfaction as indifferent men (who John Budd should
chuse) should judg meet. After wch the court declared that
it appeares, both by euidence & the confession of John Corey,
that he hath spoken slaunderously of John Budd, for wch it
seemes satisfaction hath beene tendered by John Corey, but
not psecuted as it ought to be to the satisfaction of John
Budd, who should also have beene more ready to receive sat
isfaction then it appears he hath been ; all wch being con
sidered, by way of sentence it was ordered that John Corey
pay the charges of ye court & give due satisfaction to John
Budd by way of acknowledgm' at Southold.
At the desire of Ensigne Bryan the businesse concerning the
estate Mr. Allerto deceased, came to be againe considered,
wherevpon Deacon Miles & Gervase Boykin, who were author
ised to collect & conserve the sd estate, gave in their account of
what they had done in this businesse, viz, that they had sould

1660] JURISDICTION OF NEW HAVEN. 855
the time of service dew fro John Little, servant to Mr. AUerton
deceased, for 3", which is in the hands of Jeremiah Osburne,
wch being added to 129", 5s, 2d, makes the estate 132", 5s, 2d.
It was also informed that there is in Mr. Ogdens hand a mare
[244] & 2 colts belonging to this estate, || onely an account
w'h Mr. Ogden is to be considered, wc>> is not yet come to
hand ; also a debt dew fro Captaine Morris of Road Island,
also that there came fro Barbadoes, (since Mr. Clarke came
thence,) to Mr. Lake, 4 hogsheads of sugar, part of which
belongs to this estate. The aforesd agents were desired to vse
their endeavors! to get in the estate, that so iust debts may be
satisfied. Vpon proof now made, a debt of 5", 16s, ld, ob, to Sar
geant Jefferies, & a debt of 5", to Captaine Robt. Martine,
were also allowed, who are to have in pportion w'h other cred
itors whose claimes were allowed in October last.
Besides wch, Ensigne Bryan now demanded for his sonne
Rich. Bryan, 3", W™ East, 2", 9s, 6d, Mr. Lord, (besides the
debt of 13" allowed,) 40s, Mr. Raymond, attorney for Mr.
Batter of Salem, vpon bill but not attested, 6", 5s, Joseph
Alsupp, for Mrs. Sheafe of Boston, wch he said stood faire in
her booke, 8" ; wch demands if legally proued to satisfaction
of the court at Newhaven, or the court of magistrates in Octo
ber next, shall be considered. In the meane time their pro
portions, according to the somes demanded, shall in ye division
of the estate of 132", 5s, 2d, be set out & left in trust with
Deacon Miles & Gervase Boykin aforesd, vntill it bee adjudged
(by this court) to them, they prouing their debts, if otherwise,
then to be divided in proportion to the creditors already legally
proued so; but after this time, no other creditor s to be admit
ted in refference to the estate aforesd of 132", 5s, 2d.
John Cowper also renewed his claime (vpon the estate) for
a debt dew (as he sd) vpon bill to John Westall of Seabrooke.
Mr. AUerton testified that there is more paid then is made
received vpon y8 bill, & that there are other accounts w'h Jo.
Westall to be cleared, wherevpon John Cowp tendered that
he would answere their demands vpon any other accounts to
y8 vallew of the debt demanded by him, but desired that first

356 RECORDS OF THE [1660
his bill might be satisfied. The court told him that it would
be accounted irrationall that Westall should assigne bills &
not be bound to answere accounts, especially where y8 man is
dead & the estate non soluant, but lett Westall come & cleare
accounts, & then his bill shall be considered.
-Mr. John Davenport, pastoue to the church of Christ at
Newhaven, delivered into the hands of the court (to be kept
for the vse of the magistrates and elders of this colony, as is
specified in his writeing to them,) certaine writeings concern
ing a trust comitted to himself, w'h some others, for the dis-
posall of an estate given (by the wor" Edward Hopkins, Esqr.
deceased,) for the furtherance of learning in these parts, w"1
resignation of his power & interest therein (so farr as he might
with prserveing in himself the power comitted to him for the
discharge of his trust,) wch is more fully & pticulerly expressed
in the records of the gen: court,) woh was thankfully accepted.
[245] || The last will & testament of John Parmerly, late of
New Haven deceased, was presented, made the 8th of Nouember
1659, proued by the oath of Deacon Lindon & Deacon Peck,
at a court held at Newhaven January 3d, 1659.
An inventory of the estate of ye said John Parmerly was .
prsented, amounting to 78", 13s, 0d, made the 2d of January,
1659, by Deacon Pecke & Roger Allen, & by them attested
vpon oath that the apprizem' was iust, according to their best
light, & by the widdow of the deceased, that it was a full
inventory of y8 estate of her deceased husband, to the vallew
of 10s, to the best of her knowledg, at a court at Newhaven,
Jann: 3, (59.)
The last will & testament of Willm Davis, late of Newhaven
deceased, was prsented, made the 18th 0f the 6th moneth,
1659, by the oath of Mr. Wakeman & Elinor Glouer proued,
the 6th of December, 1659, at a court at Newhaven.
An inventory of the estate of the said W™ Davis was also
prsented, taken the 21th of October, 1659, amounting to 308",
0s, 0d, attested by the widdow of the deceased to be ye full
estate left by her husband to the vallew of 40s, vnder or ouer,
& by Mr. Wakeman & James Bishopp, that the apprisem' was

1660] JURISDICTION OF NEW HAVEN. 357
iiist, according to their-best light, at a court held at Newhaven
the 6th 0f December, 1659.
The last wiU & testam1 of Tho: Mitchell, late of Newhaven,
deceased, was prsented, made the first of October, 1659,
proued by the oath of Wm Gibbard, Wm Russell, Henry
Glouer, the 6th 0f March, 16f §¦, at a court at Newhaven.
An inventory of the estate of the said Tho: Mitchell was also
prsented, taken the 2d of March, 16ff , by Wm Russell & Henry
Glouer, amounting to 128", 10s, lld, besides a debt fro Mr.
Goodyers estate 2", 5s, 0d, & in the iron works 6", 3s, 0d, &
300 of pales in ye woods. The aforesaid apprizers attested
vpon oath at a court at Newhaven y8 6th of March, f -», that
the apprisem1 was iust, according to their best light.
An inventory of the estate of John Walker, late of New
haven deceased, was prsented, taken in the moneth of Decem
ber, 1659, by Tho. Kimberly & Henry Glouer, amounting to
19", 12s, 5d, attested by Mr. Wakeman vpon oath to be a full
inventory to the best of his knowledg, & by y8 apprizers, that
y8 apprizm1 was iust, according to their best light, at a court at
Newhaven, the 6th of Decemb1, 1659.
The last will & testam1 of Hannah Beacher, late of New
haven, deceased, was prsented, made the 13th of June, 1657,
proued at a court at Newhaven y8 5th of Aprill, 1659, by ye
oath of Mathew Gilbert & John Wakeman.
[246] || An inventory of the estate of the sd Hannah Beacher
was also prsented, taken the 2d of March, 16f f , by Mr. John
Wakeman & Thomas Kimberly, attested vpon oath, that the
apprisem1 was iust, to the best of their light, at a court at New
haven, AprUl 5th, ,1659, wch inventory amounted to 55", 05s,
06d. An inventory of the estate of John Vinson, late of New
haven, deceased, was prsented, taken by Henry Lindon &
Samuell Whitehead y8 10th of 9th monethr1659, amounting to
90", 12s, 04d, & by y8 apprisers witnessed vpon oath y4 the
apprizm1 was iust, according to their best light, at a court at
Newhaven, January 3d, 1659.
An inventory of the estate of Daniel Bradely, late of New
haven, was prsented, taken January 4% 1658, by WiUm

358 RECORDS OF THE [1660
Bradely & John Allen, amounting to 44", 10s, 9d, besides wch
their is a debt fro Rich: Fellowes not yet cleared, & a sithe not
yet found, also some weareing cloaths woh were carryed away
by the horse when he was drowned, not yet come to hand ; the
aforesd apprisers Witnessed vpon oath that it was a true & full
inventorye of the estate of the deceased, both for pcells & val
lew, to y8 best of their light, at a court at Newhaven, Jan: 4,
(58.) A writeing was prsented as the last will & testam1 of Tho.
Cowper, late of Southold, deceased, dated A , and now in
court by Mr. Wells testified vpon oath that the writeing
prsented was by the deceased in his prsence declared to be his
minde concerning the disposall of his estate, wch will was
returned to Mr. Wells for further proofe.
An inventory of the estate of the said Thomas Cowper was
prsented, amounting to 368", 7s, taken the 20th 0f January,
1658, by Mr. Wm Wells, Barnabas Horton, Barnabas Windes.
A writeing was prsented for the last will & testam4 of
Mathias Curwin, but returned for legall pbat.
An inventory of the estate of the said Mathias Curwin was
prsented, taken the 15th 7th (58,) by William Purrier, Charles
Glouer, amounting to 313", 00s, 08d, that the apprizm4 was
iust, was witnessed vpo oath by ye abouesd apprisers before
Barnabas Horton.
An inventory of the estate of Joseph Youngs, marriner,
deceased, was p'sented, taken y8 15th 0f Septemb, 1658, by
Wm Wells, & Tho. Moore, amounting to 477", 09s, & deposed
before vs, Wm Wells, Barnabas Horton.
[247] || An inventory of the estate of Mr. John Herbert, late
of Southold, deceased, was prsented, amounting to 241", 19s,
00d, taken by William Wells & Tho. More, Septemb. 7, 1658.
Deposed before vs, Wm Wells, Barnabas Horton, by Mrs. Mary
Herbert, to who administration was now granted.
An inventory of the estate of Elizabeth Paine, widdow, late
of Southold, deceased, was prsented, amounting to 27", 15s,
10d, taken by Barnabas Horton, Wm Purrier, Charles Glouer,
y8 15th 0f September, 1658.
An inventory of the estate of Peter Paine, late of Southold,

1660] JURISDICTION OF NEW HAVEN. 359
deceased, was prsented, amounting to 74", 10s, 6d, take the
15th of September, 1658, by Barnabas Horton, Charles Glouer
& Wm Purrier, who were sworne the day & yeeare aboue
written. Mr. Wells informed that there was a will left by the hus
band of Elizabeth Paine, (now also deceased,) wch will was
proued at Salem, by wch he gave some estate to his children,
wch shee was to have the vse of for her life ; she being dead
they haveing a conceite that this jurisdicon had nothing to
doe to order the disposall of the estate, therevpon, wlhout
approbation of authority, divided the estate according to the
will, but had no respect to the debts dew from yB estate, wch
yet remaine vnsatisfied. Wherevpon the court declared that
the said Elizabeth Paine dyeing & the estate being at Southold,
it falls vnder the cognizance of the authority here, & that ye
division made was disordly, & did therefore order that the
estate be againe returned, & be responsible for paym1 of all
iust debts, & then what estate remaines to be divided accord
ing to the will of the deceased, the care of wch businesse was
left to those in authority at Southold.
The Court allowed the marshall about 26 shillings out of
the goods depositted in refference to the differrence betwixt
Mr. Raymond & Captaine Penny, for his charge & paines in
& about that businesse.

[248] At a Court of Ellections held at Newhaven Ye 30th
Mat, 1660, for the Jurisdiction.
Mr. Francis Newman was chosen Gouernor. Mr. Will
Leete chosen Deputy Gouernor. Mr. Mathew Gilbert chosen
Magistrate at Newhaven. Mr. Robert Treat chosen Magis
trate at Milford. Mr. Jasper Crane chosen Magistrate at
Brandford. Ye Gouern1 & Deputy Gouernor, Comissioners,
Mr. Crane the third in ye election, if God by his pvidence
should disable either of the other. Mr. Wakeman chosen
Treasurer, & William Gibbard to supply his place, if God by
his prouidence should disable Mr. Wakeman, (who was now

360 RECORDS OF THE [1660
sicke,) for ye discharge of that trust. William Gibbard chosen
Secretary. Tho: Kimberly, Marshall. All for the yeare
ensuing.

At a Generall Court held at Newhaven for y6 Juris
diction, the 30th of Mat, 1660.
The Deputies prsented their cirtificates, woh were approued,
all for the yeare ensuing except Milford & Southold, which
were only for this prsent court.*
As an alteration of the printed law concerning publique
charges, it is ordered, that both for this yeare & henceforward
vntill further order, that all sheep of a yeare old or aboue
shalbe rated but at 15s.
It is ordered that no act or agreem1 made or done by psons
vnder age, bindeing themselues for yeares, shall be accounted
valid, vnlesse there be ye expesse consent of their naturall
parents or of some magistrate, or other authority in planta
tions where there is no magistrate, and y1 no servant shall be
assigned fro man to man but before the authority of the place
& by their allowance.
There being a small estate left by Daniell Bradely deceased,
the court was desired to declare how that estate should be dis
posed off, wherevpon it was ordered, that the estate of Daniel
Bradely (his iust debts being paid) shalbe divided amongsts
his relations, viz, his mother, brethren & sisters in equall
pportions, except Willm Bradely, who being a brother by the
father only, is to have but a half share with ye rest.
Mr. Wells informed that John Budd senior, of Southold, had
before & in the prsence of their freemen, signified his desire
to lay downe his place of leiftenn1, (wch he himself now in a
letter to the gouernor also declared & desired,) vnto wch ye
said freemen gave their consent, & that the soldiers had for
some time beene exercised by Ensigne Charles Glouer, where
vpon the court desired that ye said ensign (as propp to his
* The Deputies for the town of New Haven, chosen May 21, 1660, were Mr. John
Wakeman and Leiut. John Nash, Ensign Henry Lindon the next in choice.

1660] jurisdiction of new haven. 361
place,) doe attend (as cheife in comand,) the charge & care
[249] || of the millitary businesse, vntill ye freemen, accord
ing to their liberty, shall make choyce of himself or some other
to some higher office, as they shall judge meet.
It is hereby ecofnended to the freemen of the seuerall plan
tations of this colony, as they are furnished w'h able men for
such seruice, that they would make vse of their liberty for to
make choyce of such to the place of a captaine, whom they
judge meet to vndertake that trust, & prsent them to y8 gen
erall court in May next for approbation & confirmation.
A writeing from Stamford subscribed by 25 of yB inhabit
ants, dated May the 28th, 1660, was p'sented & read, wherein
they complained of much wrong they had sustained by Indians
killing their hoggs, woh the court tooke into consideration, but
the Indians not being prsent, nor any to testify to the pticuler
injuries sustained, it was left to further consideration.
Vpon information fro Stamford & otherwise of much damage
done by Indians by killing of swine & other cattell, it was
ordered that in euery plantation due meanes shall be vsed for
the informing of the Indians concerning the printed law-
against theft, according to the true meaning & extent of it, &
yt it be declared to them that they must expect to be proceeded
against according to that law if they shall be found breakers
of it.
The order made in May (59,) referring to the court of
magistrates in October following concerning the sizes of shooes,
Wch could not then be attended because the said instrum1 there
mentioned was not prsent, is now againe referred to ye court
of magistrates in October next, in all respects as then it was,
before wch time Francis Bell engaged to send the said instru
ment to Newhaven.
Mr. Walker & Sargeant Baldwin coming to the court, ye
busines of Paugasett came into consideration & debate, & Sar
geant Baldwin informed that an Indian, called A , the
pprietor of the meadow called hoggs meadow, had bestowed
the said meadow vpon him, & the said Richard Baldwin
desired that it might be an appendix to Paugasett, where some
further prparations had beene made this winter by fenceing,
46

362 records of the [1660
for the carrying it o to a village, wch they intended to pursue.
Against what was propounded concerning hoggs meadow those
of Milford objected that it would straiten their plantation if
that should be granted, to wch Sargeant Baldwin answered
that he conceived it must fall one of these three wayes, the
meadow being his, 1, that either it be an appendix to Pauga
sett, or 2d, that as he is a planter at Milford he may enioy it,
or thirdly, if Milford have it he may have a vallewable consid
eration for it. Concerning wch meadow the court did nothing
[250] at this time, but the || order made in (58,) was read &
they were told that this matter of Paugasett had been 4 or 5
yeares vnder consideration, & that the court had been often
exercised wth it, and it was now expected that they should
have heard that Paugasett had been in a settled way to ye
ends ppounded, before this time; but when the returne is
given they onely say, they have done something about fenceing,
& so it is delayed from court to court & held in a dallying
way for 4 or 5 yeares together. Sargeant Baldwin pleaded
that he was hindered by obstructions he had mett with by ye
ordinary at Milford & by sicknesse the last summer, where
vpon y8 court declared, that they would make triall for one
yeare more, but if Paugasett become not a village by y4 time
to the ends ppounded, what was ordered the last yeare they
expect to be attended, and that if the worke goe not on in the
meane time to the satisfaction of the court of magistrates in
October next, Edward Wooster, with any other that is there,
shall bee remoued & not suffered to Hue in such an vnsatisfy-
ing way as now they doe.
It is ordered that whosoeuer shall, directly or indirectly, sell
or give any dogg or bitch, whether elder or younger, to any
Indian, he shall pay to the plantation where such fault is
comitted as a fine, 40s.
It is ordered that whosoeuer without license from some
magistrate, or other authority where there is no magistrate,
shall sell any wine or cidar by lesse quantity then a quarter
cask, & of liquours lesse then 10 gallons, he shall pay such
fine, or suffer such punishm4 as is exprest in ye law concern
ing cidar, anno (59.) But where the seller cannot be come

1660] jurisdiction of new haven. . 363
at, the fine shall be required of the buyer, woh fine shalbe to
the plantation where such offence is comitted.
By way of addition to the law concerning Quakers, anno
(58,) it is ordered & declared that it is left to the liberty of
the authority in each plantation, either to inflict such punishm1
for the first & second offence as ye law pvides, or to punish
them by a fine of 5" for the first offence & by a fine of 10" for
the second offence.
It was propounded that there might be a generall training
at Newhaven this yeare, of all the soldiers, both horse & foote,
belonging to the seuerall plantations ; but it being found that
the fittest season was past, y8 spring being so farr spent, it was
at this time ordered, that all ye horses wch either now are or
before that time shall be listed in ye plantations, wlh so many
of the foot companyes as the officers shall now agree vpon,
(Stamford & Southold, by reason of their distance, being left
at their liberty,) shall meet at Newhaven the last third day of
the weeke in September next, to carry on a training for 2
[251] dayes, for whose encouragm1 || it is ordered, that at
the charge of the jurisdiction a barrell of powder shall be
prouided for them & then distributed to them.
The customs & excise of the whole jurisdiction are let out
to Ensigne Bryan at 30" for the yeare ensuing, but ye forfeit
ures that may be made by non entry, &c, remaine to the juris
diction & informer.
Vpon weighty grounds prsented, ye court desired ye gou
ernor & deputy gouerno1 to goe to Stamford, there to keep
court ; Rich. Lawes & Francis Bell were chosen to assist in ye
said court ; wch court hath power comitted to them equall to
any plantatio court assisted by two magistrates. It was fur
ther ordered, while there is need, that two magistrates shall
be yearely sent to Stamford to keepe court, at the charge of the
jurisdiction, ye charge of entertainem4 at Stamford excepted,
wch is to be borne by themselues. And the like priviledg,
vpon yb same tearmes, is granted to any other plantation who
shall desire ye help of two magistrates to be sent to them,
pvided y8 court judge that they stand in neede of such help to
be afforded to them.

364 RECORDS OF THE [1660
At the motion of Mr. Bishopp, pastour to the church at
Stamford, ye court also desired Mr. Davenport & Mr. Peirson
to goe to Stamford, to afford their counsell & help for y8 well
settling of their church affaires ; but if Mr. Davenport, by
reason of his weakenes & ye hotnesse of the season, do finde
himself vnfitt for the journey, it is desired that he would nom
inate another in his stead. And the magistrates to have one
man, & the elders another, to attend vpon them, at y8 jurisdic
tion charge, except expences at Stamford.
It is ordered that 50" shall be paid to the gouernor, and 20"
to the deputy gouerno1',' for the yeare ensuing.
It is ordered, that the treasurer shall buy 2 barrells of
powder to make vp the jurisdiction stocke, & another barrell
to be distributed to the soldiers at their meeting at New Haven
in the latter end of September next.
This Court, while now sitting, have received fro Nath:
Siluester of Shelter Island, a slanderous & blasphemous letter
vnder the couert of another, written with his owne hand,
together with some information of sundry calumnious and
opprobrious speeches vttered at Southold, against y8 courts &
magistrates of New England, as well as o'selues in pticuler;
as also that himself (professing to be a Quaker,) hath beene a
frequent harbouer to give entertainem1 to y1 cursed sect, who
fro his island have frequently taken oppertunity to come
amongst or people, soweing the seeds of their pnitious doc
trines, & sometimes by grosse affronts, publiquely to make
disturbance at Southold ; all wch practises are highly offensive, ¦
dishonorable to God & contrary to law, & not to be suffered by
[252] vs. || Wee therefore order & appoynt, y' forthwith
100" of ye said Nathaniels estate within this jurisdiction be
attached & seised, & not to be released vntill this court of
magistrates have received satisfaction from him for these &
such like offences, if proued against him, notice being given
to him to appeare at the court of magistrates held at Newhaven
the 17 th of October next, then & there to answere these com
plaints & what else shalbe charged against him. ,
At the desire of the freemen, Mr. William Wells and Cap
taine John Youngs were chose deputies for the towne of

1660] JURISDICTION OF NEW HAVEN. 365
Southold for the yeare ensuing, who are authorised to hold a
court once a quarter, if neede require. Barnabas Horton,
Barnabas Windes and Charles Glouer, were chosen to be their
assistants in that worke, who have equall power & vote with
them dureing the time of sitting in the court, (and no longer,)
to heare, judg & determine w'h them of all matters within
their limitts & power formerly granted to the court there.
And in case that any of these three shall be absent, they
have liberty to call in any of the freemen, by ioynt consent,
to supply the place of the absent party or parties. Mr. Wells
& Mr. Youngs now tooke the deputies oath, who are to admin
ister the said oath to the other three aboue named.
Vpon a motion of some of the deputies, concerning en
larging the troop of horse, it is ordered, that any pson or
psons in any of the plantations within this colony y' will finde
horses & furnitture for them fitt for service, when such horses
with their furniture are . in readinesse, and such psons as so
list themselues shall be allowed by ye authority in that plan
tation so to doe, they shall be freed fro paym1 of rates arise-
ing vpon civell accounts, in refferrence to their psons & horses,
wth grant of such other priviledges as is allowed by this court
to the troupers already settled, provided, that such as so list
themselues shall alwayes be in readinesse for service when
called forth, & shall keepe such horses & not dispose of them,
nor yet vnlist themselues or horses without liberty fro the
plantation. Also that both those already ordered, & those
that shall be added, shall traine euery training day, at least
for this next yeare, & that what number of horses are added
in each plantation & how furnished, shall in writeing yearely
be certified to the generall court.
Whereas this Court is advertised of some dwellers in
townes within this jurisdiction, who are owners or managers
of some cattell or other estate wch is transcient & fleeting,
sometimes within & sometimes without the bounds of the
colony, and so possibly, if no law were prouided accordingly,
[253] might escape || paym4 of rates or publique charges
any where, it is therefore ordered, that whosoeuer, being an
inhabitant in any towne in this jurisdiction & standeth pos-

366 RECORDS OF THE [1660
sessed or is owner of cattell, or other moueable estate, w°h is
transcient, & passing betwixt this jurisdiction & any other,
w°h may be there abideing for some space, yet shall returne
home againe to y6 owner here and so abide for a considerable
time, he shall pay all rates for such transcient estate, as well
as for what is here more constantly abideing, whether it be
estate at sea or on shore.
Forasmuch as y4, by some former lawes, this court hath
taken care in some more generall way to pruent inconvenience
& charge, likely to grow or come to this colony or any of the
plantations therein, by the idle or euill liveing or miscarry-
ings of psons here resident, wch orders, for want of some fur
ther extension or explication of some pticulers from whence
such inconvenience or charges, &fb., may grow, & of some other
psons who may also walke offensively in like practises, did see
cause to declare that all psons, whether householder, sojourner,
child, or servant, shall be found & convict before any of the
magistrates, or other settled authority of the towne where it
is done, to meet or company together in any kinde of vaine
manner or vnseasonable time, whether by day or by night, to
mispend & wast the prtious talent of these gospell seasons of
grace wch we yet enioy, to the hurt & hinderance of eligeous
education in all godlynes & honesty, (vnto woh formerly the
youth of New England have vsed to improue time by meet
ings more frequently after a godly sort, to the encouragem4
of the hearts and strengthening of the hands of magistrates,
ministers & parents, in the workes of Christs gouerment vnder
their seuerall hands respectively, then of later yeares can be
observed,) now y4 it may more clearely be vnderstood what
we judge to be such miscarriages or misdemeanors amongst
such psons, as doe thus tend to discourage Gods worke vnder
or hands and may proue hurtfull & hindersom to the profitting
of or posterity riseing,) Wee doe expresse, that not onely such
night meetings vnseasonably, but corrupt songs, & foolish
jesting, or such like discourses, wanton & lascivious carryages,
mixt dancings, imoderate playing at any sort of sports &
games, or meere idle liveing out of an honest calling indus
triously, or extravagant expences, by drinking, apparrell &c,

1660] JURISDICTION OF NEW HAVEN. 367
have all & euery of them such a tendency ; All wch we desire
& appoint should be duely witnessed against by the authority
in each plantation, according to their discretion, all cir corn-
stances being duely weighed, according as they shall appeare
to aggravate or lessen ye offence or offences ; And the
[254] || families or family gouernols ouer such psons, are
required to observe & give information of all psons vnder
their respective charges herein, vnlesse they intend to be ac
counted accessary to the offences of such as are vnder their
power, & to be dealt withall accordingly.
Henry Tomlinson of Stratford, haveing beene called before
the court of magistrates in October last, to answere for an
vniust molestation of our gouerno1" by an arrest at Connecti
cote in September 1659, was then bound ouer to this court,
who being called, appeared. Ye record of court concerning
him in October being read, & therein the case depending
being eprsented, ye deputy gou'no1' declared, that he heard
what had past formerly, now what convictions he hath since
had of his evill in this matter, if he had ought to say, the
court would heare ; but if he would defend the case, they
were ready to heare that also. Vnto wch Henry Tomlinson
answered, that he came not to justify himself, but saw cause
to condemne himself for acting as he had done, & confessed
that he wanted words to expresse himself as the case requires.
The court and sundry others that were prsent, haveing ex
pressed to Hen: Tomlinson the deep sence they had of his
evill in the carriage of this matter, as distructive to gouerm1
and good order & the peace of the colonyes, Hen : Tomlinson
being ill in body, they left it with him to consider off &
respitted the matter vntill the morrow for ye issue of it.
On the morrow the deputy gouernor declared to him y1
before the court spake to him, they would yet heare what he
had to say, but they would not have it vnderstood y1 they
begged an acknowledgm1 of him, for they knew how to doe
iustice in the case, but desired him to deale cinserely & vp-
rightly in what he spake ; wherevpon he exprest himself as
in a writeing subscribed by him doth appeare, w°h is as fol
loweth,

368 RECORDS OF THE [1660
Henry Tomlinson declared that when ye businesse concern
ing the forfeitures of wines & liquours was issued by the court
here, he was well satisfied, & so was his wife for ought he
knew, & then resolued to rest in what was done ; yet after
wards his wife relateing the case to a man, (not of Connecti
cote colony,) he told her that there might be releife, & advised
to bring it about in Connecticote court, yet his minde was
still to let it fall, but his wife was earnest with him to have
the matter called ouer againe, wch he being not willing to,
endeavoured to hide the time of the meeting of the comis
sioners fro her, but she was told by a man wch came to their
house that comissioners had been sitting a weeke ; vpon y1
shee earnestly prest him to prosecute the businesse, whose im-
[255] portunity was such y1 he could not be quiett, either || at
bed or board, but his house was euen a prison to him ; vpon
wch he went to Connecticote & got a warrant fro the secretary
& acquainted Mr. Allen & Mr. Talcote with it, who were dis
pleased with him, neuerthelesse he proceeded in this action,
ye euill whereof he hath beene shewed by Mr. Davenport &
others, for wch he sees cause to judg himself as acting in a
way distructive to the peace of the colonyes ioyned in combi
nation ; he said that he was convinced that it was a great sin
to rise vp against ye gouernor in such a manner, woh is a
breach of the 5th commandm1 ; and •whereas the rule enioynes
him to live peacably wlh all men, as much as in him lyeth,
he confessed that he had not attended this rule, & professed
his sorrow for yeelding to the importunity of his wife ; he
further said, he saw the act itself was a great pvocation of
God, & iustly offensive to ye people of God, a very injurious
molestation to & slaunder of ye gou'nor, & grosse affront, a
high disturbance to peace & soweing seeds of such contension
amongst the colonies as might grow to a quarrell in time, wch
he sees to be a breach of ye 6th & 9th comandm4s, & greatly
aggravated, for that he hath alwayes formerly & still doth see
cause to justify the courts proceedings in that businesse as
legall, & onely that they were by some testimonies misinform
ed ; he desired that God would help him further to see his
sinne, & y' it may be a warning both to himself & others for
attempting the like, wch if any should doe, he should judge it
his sinne, & as the fruit of his evill example.
This writeing being read in the Henry Tomlinson.
prsence of Henry Tomlinson, was
by him subscribed, this 2d of June, (60,)
in ye prsence of John Hodsho, Jo Harriman.
The Court told Hen: Tomlinson that they looke vpon 'his

1660] JURISDICTION OF NEW HAVEN. 369
fact as tending to ouerthrow or gouerment, throwing vp of
foundations, as warring against the Kinge of peace, y1 hath
so long continued peace amongst the colonyes ; hee was wisht
to consider that its one of those things that God hates, to sowe
discord among brethren, but to sowe discord among brother
colonies, (as we may say,) is a high provocation of God, as
being a soweing discord amongst thousands of brethren, and
that he should be the first, as a ringleader in such a way as
tendeth to y8 violation of our peace, (as much as in him
lyeth,) it concern'd him sadly to lay it to heart. After wch
y8 deputy gouernour, in the name of the court, by way of
sentence declared, that they had considered the case as it hath
beene reprsented, they had alsoe considered the acknowledgm4
he had made & y8 penitenciall frame he seemes to be in, &
although they might thinke of a higher censure then they
shall now declare, yet they desired to shew themselues mer-
cifull, meeting repenting men, and therefore do declare, that
.[256] what acknowledgm4 he hath || made, shall be drawne
vp in writeing & subscribed by him, and that they lay vpon
him a fine of 100", for which he is to give his bond, wch 100",
the court will call for wn they see cause, and that he pay
the charges to the marshall & remaine vnder his care vntill
this be done.
It is ordered that the deputies for Newhaven & Captaine
John Youngs, (if he by the prouidence of God shalbe here
prsent,) shall recomend this case foregoing to the considera
tion of the honoured Comissioners for the Vnited Colonyes,
at their next meeting in Sept: next.
Richard Lawes & Francis Bell were chosen & sworne con
stables for Stamford for the yeare ensuing, who have the same
power comitted to them as y8 constable there formerly had.
A writeing was prsented by the Reuerend Mr. John Daven
port as foUoweth, Quod fo3lix fausttjmq; sit,!
On the 4th day of the 4th Moneth 1660, Jo" Daven
port, pastor to the church of Christ at Newhaven,
prsented to the Hond: General Court at Newhaven as
followeth, 47

370 RECORDS OF THE [1660
Memordum, 1 That sundry yeares past, it was concluded by the said gen
erall court that a small colledg, (such as the day of small things
will pmitt,) should be settled in Newhaven, for the education
of youth in good litterature, to fitt them for publick services
in church & comonwealth, as it will appeare in the publicke
records.* 2 Here vpon the said John Davenport wrote vnto our Hond:
freind Edward Hopkins Esq;, then liveing in London, the
result of those consultations; in answere wherevnto the said
Edward Hopkins wrote vnto ye said John Davenport a letter,
dated the 30th of the 2d moneth, called Aprill, 1656, begin
ing with these words, Most deare Sr, the long continued
"respects I have received from you, but especially the speake-
" ings of the Lord to my heart by you, have put mee vnder
" deepe obligations to love, & a returne of thankes beyond what
" I euer have or can expresse &c, then after other passages,
" (wch being secetts hinder mee from shewing 'his letter,) he
" added a declaration of his purpose in reference to ye col-
" ledg about wch I wrote vnto him, That wch the Lord hath
" given mee in those parts, I ever designed the greatest part of
" it for the furtherance of the worke of Christ in those ends
"of the earth ; and if I vnderstand that a colledge is begun &
" like to be carried on at Newhaven for the good of posterity,
[257] " I shall give some encouragm4 therevnto. || These
are the very words of his letter, but,
3 Before Mr. Hopkins could returne an answere to my
next letf, it pleased God to finish his dayes in this world,
therefore by his last will & testament, (as the copie thereof,
transcribed & attested by Mr. Tho Yale, doth shew,) he comit
ted the whole trust of disposing his estate in these countryes,
(after some psonall legacies were paid out,) vnto the pub-
# The project of establishing a College in the colony was entertained very early;
thus we find that the town of New Haven, at a meeting March 23, 1647-8, directed a
committee, appointed to dispose of vacant lots, "to consider and reserve what lot
they shall see meet and most commodious for a college, which they desire may be
set np so soon as their ability will reach thereunto." N. H. Col. Rec. i. 376.
The subject was brought before the General Court for the Jurisdiction at least as
early as 1652, as we learn from the records of Guilford, under date of June 28 of that
year, when that town voted, that the matter about a college at New Haven is thought
to be too great a charge for us of this jurisdiction to undergo alone, 'especially, con
sidering the unsettled state of New Haven town, being publicly declared from the
deliberate judgment of the most understanding men to be a place of no comfortable
subsistance for the present inhabitants there ; but if Connecticut do join, the planters
are generally willing to bear their just proportions for erecting and maintaining a
college there. However they desire thanks to Mr. Goodyeare for his proffer to the
setting forward of such a work. See also p. 141, ante.

1660] JURISDICTION OF NEW HAVEN. 371
Hpkvses mentioned, & bequeathed it to or late Hond: Gou
ernor, Theoph: Esq;, his father in law, & to the aforesaid John
Davenport, & ioyned with them in the same trust Captaine
John Cullick & Mr. William Goodwin.
4 It haveing pleased the Most High to afflict this colony
greatly by takeing from it to himself or former euer honold
gou'nor Mr. Eaton^the surviving trustees & legatees met to
gether to consider what course they should take for ye discharge
of their trust, and agreed that each of them should have an
inventory of the aforesaid testatours estate in New England, in
houses, & goods, & lands, (wch were prized by some in Hart
ford intrusted by Captaine Cullick & Mr. Goodwin,) & in
debts, for the gathering in whereof some attorneys were con
stituted, impowered & imployed, by the three surviving trust
ees, as the writeing in the magistrates hands will shew.
5 Afterward at another meeting of the said trustees, they
considering that by the will of the dead, they are ioyned
together in one comon trust, agreed to act wlh mutuall con
sent in pformance thereof, and considering y1 by the will of
the testatour, two of Newhaven were ioyned with two of
Hartford, & y1 Mr. Hopkins had declared his purpose to fur
ther the colledg intended at Newhaven, they agreed that one
half of that estate wch should be gathered in, should be paid
vnto Mr. Davenport for Newhaven, the other half to Captaine
Cullick and Mr. Goodwin, to be improued for ye vses & ends
forenoted, where they should have power to pforme their trust,
wch because they could not expect to have at Hartford, they
concluded it would be best done by them in that new planta
tion vnto wch sundry of Hartford were to remoue & were
now gone, yet they agreed that out of the whole, an 100"
should be given to the colledg at Cambridg in the Bay, the
estate being 1000", as Captaine Cullick beleeued it would bee,
wch we now see cause to doubt, by reason of the sequestra
tions laid vpon that estate & still continued by the generall
court at Hartford, wherevpon some refuse to pay their debts,
& others forsake the purchases they had made, to their great
hinderance of pforming the will of the deceased according
to the trust comitted to them, & to the endamagem1 of the
estate. 6 The said John Davenport acquainted y8 other two trus
tees with his purpose to interest the Honored Magistrates &
[258] Elders of this Colony in ye disposall || of that part of
the estate that was by their agreement to be paid therevnto,
for promoueing the colledg-worke in a graduall way, for the
education of youth in good literature, so farr as he might
wth prServing in himself ye power comitted to him for the

372 RECORDS OF THE [1660
discharge of his trust. They consented therevnto. Accord
ingly 6 ye ellection day, it being the 30th day of the third
moneth, he delivered vp into the hands of the Hond: Gou
ernor & Magistrates the writeings that concerne this busi
nesse, (viz. the copie of Mr. Hopkins his last will & testam1
& ye inventory of his estate in New England, & the apprizm1
of his goods, & the writeings signed by y surviveing trustees
for their attornyes, & some letters between the other trustees
& himself,) adding also his desire of some pticulers for the
well pforming of the trust, as followeth,
1 He desireth of Newhaven towne, that the rent of the
Oyster-shell-feild, formerly seperated & reserved for ye vse &
benifit of a colledge, be paid fro this time forward towards
the makeing of some stocke for disbursment of necessary
charges towards y~ colledg til it be set vp, & afterwards to con
tinue for a yearly rent as belonging to it, vnder the name &
title of colledg land.
2 That if no place can be found more convenient, Mrs.
Eldreds lott be given for the vse of the colledg, & of ye colony
gramer schole, if it be in this towne, else onely for the colledge.
3 That parents will keepe such of their sonns constantly to
learning in the schooles whom they intend to traine vp for
publick serviceablenes, & that all their sonnes may learn at
the least to write & cast vp accounts competently, & may
make some entrance into y8 Lattine tongue.
4 That if the colony settle 40" p annum for a comon
schoole & shall add an 100" to be paid towards y8 building or
buying of a schoole house & library in this towne, seeing
thereby this towne will be freed fro the charges which they
have beene at hitherto to maintaine a towne schoole, they
would consider what part of their former salary may be still
continued for future supplies towards a stock for necessary
expences about the colledg or schoole.
2 He humbly desireth the Honrd General Court of y8 Col
ony of Newhaven, first, that the 40" p annum formerly agreed
vpon to be paid by the seuerall plantations for a comon gram-
er-schoole, be now settled in one of the plantations, wch they
shall judge fittest, & that a schoolemaster may forthwith be
prouided to teach the three languages, Lattine, Greeke & He
brew, soe far as shall be necessary to prpare them for the
colledge, & that if it can be accomplished, that such a schoole
master be settled by the. end of this summer or the begin
ing of winter, the payments fro y8 seuerall plantations may
begin fro this time.
Secondly, that if the comon schoole be settled in this towne,
the Honrd Gouernor, Magistrates, Elders & Deputies, would

1660] JURISDICTION OF NEW HAVEN. 373
solemnly & together visit the grafher schoole, once euery
yeare at the court for elections, to examine y8 schollers pffi-
ciency in learning.
[259] Thirdly, y1 for y8 payments to || bee made by the plan
tations for the schoole, or out of Mr. Hopkins estate towards
the colledge, one be chosen by themselues, vnder the name &
title of Steward or Receiver for the schoole & colledg, to who
such paym43 may be made, wlh full power given him by the
court to demand what is due & to psecute in case of neglect,
& to give acquittances in case of due paym48 received, & to
give his account yearely to the court, & to dispose of what he
receiveth in such pvisions as cannot be well kept, in the best
way for y" aforesaid vses, according to advice.
Fourthly, that vnto that end a comittee of church members
be chosen, to meet together & consult & advise, in emergent,
difficult cases, that may concerne y8 schoole or colledge &
which cannot be well delayed til ye meeting of the general
court, the gouernor being alwayes the cheife of that committee.
Fiftly, the sd John Davenport desireth y4 while it may
please God to continue his life & abode in this place, (to the
end that he may ye better pforme his trust,) in reference to
the colledge, that he be alwayes consulted in difficult cases, &
have the power of a negative vote, to hinder any thing fro
being acted woh he shall proue by good reason to be prjudiciall
to the true intendment of the testatour, & to the true end of
this worke.
Sixtly, that certaine orders be speedily made for the schoole,
and when the colledge shall proceed, for it also, that ye edu-
catio of youth may be carried on sutably to Christs ends, by
ye counsail of the teaching elders in this colony ; and that
what they shall conclude with consent, being approued by ye
honred magistrates, be ratified by the General Court.
Seaventhly, because it is requisite that the writeings w0'1
concerne Mr. Hopkins his estate be safely kept, in order there
vnto the said John Davenport desireth that a covenient chest
be made, with 2 locks & 2 keies, & be placed in ye house of
ye gouernor or of the steward, in some safe roome, til a more
publick place (as a library or the like) may be prpared, & that
one keye be in the hand of the gouernor, the other in ye
stewards hand ; that in this chest all the writeings now de
livered by him to the magistrates may be kept, & all other
bills, bonds, accquitances, orders, or whatsoeuer writeings that
may concerne this busines be put & kept there, and that some
place may be agreed on where the steward or receiver may
lay vp such prouisions as may be paid in, til they may bee
disposed of for the good of the schoole or colledge.

374 RECORDS OF THE [1660
Eightly, because or sight is narrow & weake in viewing
and discerning the compasse of things that are before vs,
much more in foreseeing future contingencies, he further
craveth liberty for himself .& other elders of this colony, to
ppound to the Honrd Governo1 & Magistrates, what hereafter
may be found to be conducible to the well carrying on of this
trust according to the ends proposed, & y4 such proposals may
[260] || be added vnto these, vnder the name & title of VSE-
FUL ADDITIONALLS, and confirmed by the General Court.
Lastly, he hopeth he shall not need to add what he ex
pressed by word of mouth, that the Honrd General- Court
will not suffer this gift to be lost fro the colony, but as it
becometh Fathers of the Commonwealth, will vse all good
endeavors to get it into their hands & to assert their right in
it for the como good, that posterity may reape the good fruit
of their labours & wisdom & faithfullnes, & yt Jesus Christ
may have the service and honor of such prouision made for
his people, in who I rest.
To these motions I desire that the John Davenport.
answere of the court, together wlh
this writeing, may be kept among the
records for ye schoole & colledge.
The Court being deeply sensible of the small pgresse or
pfficiency in learning that hath yet beene accomplished, in
-the way of more pticuler towne schooles, of later yeares in
this colony, and of the great difficulty & charge to make
pay &c, for the maintaining children at ye schooles or col
ledg in the Bay, and y1 notwithstanding what this court did
order last yeare or formerly, nothing hath yet beene done to
attaine the ends desired, vpon which considerations & other
like, this court for further encouragem1 of this worke doth
now order, that ouer & aboue ye 40" p annum, granted ye
last yeare for the end then declared, y1 100" stocke shall bee
duely paid in from the jurisdiction treasury, according to the
manner & times agreed & expressed in the court records,
giveing & granting that speciall respect to or brethren at
Newhaven, to be first in imbraceing or refuseing the courts
encouragem1 or prouision for a schoole, whether to be settled
at Newhaven towne or not ; but if they shall refuse, Milford
is to have ye next choyce, then Guilford, & so in order euery
other towne one the maine within the jurisdiction have their
liberty to accept or refuse the courts tender, yet it is most

1660] JURISDICTION OF NEW HAVEN. 375
desired of all that Newhaven would accept the businesse, as be
ing a place most pbale to advantage the well carrying on of the
schoole, for ye ends sought after & endeavoured after thereby ;
but the colledg (after spoken of) is affixed to Newhaven,
(if the Lord shall succeed that vndertakeing.) It is further
agreed that all & euery plantation who have any minde to
accept the propositions about the schoole, shall prpare & send
in their answere vnto the comittee chosen (of all ye magis
trates & settled elders of this jurisdiction, to order, regulate
& dispose, all matters concerning the schoole, as the pro-
uideing instrum* s & well carrying o of ye businesse, fro time
to time as they shall judg best,) before the 24th of June
[261] instant, that so if any plantation doe accept, || the
comittee may put forth their endeavours to settle ye businesse ;
but if all refuse, then it must be suspended vntil another
meeting of this general court.
And for further encouragement of learning, & the good of
posterity in that way, Mr. John Davenport, pastor of ye
church of Christ at Newhaven, prsented a writeing, (as be
fore appeares,) whereby & wherewith he deliu'ed vp all his
power & interest, as a trustee by Mr. Hopkins, for recouering
& bestoweing of aU that legacy given by him, for the end of
furtherance to the settlem' of a colledg at Newhaven ; he
also propounded therewith, what he apprhends hath beene
granted & sett apart by the towne of Newhaven for the same
end, wth a request that matters thereabout might be ordered
& carryed on according to such ppositions as are therein sett
downe. All wch the generall court tooke thankfully, both
fro the doners & Mr. Davenport, and accepted the trust, and
shall endeavour by Gods help to get in the said estate & im
proue it to the end it was given for.
By way of further answere to what was propounded by Mr.
Davenport in his writeing prsented, the court declared that it
was their desire that the colony schoole may begin at the time
propounded, & to that end desire that endeavours may be put
forth by ye comittee of magistrates & settled elders formerly
appointed for the pvideing a schoolemaster, &c, to who also
they leave it to appoint a steward or receiver, wch steward or

376 RECORDS OF THE [1660
receiver they impower as is propounded, and to settle a comit
tee fro among themselues to issue imergent cases, & to take
order that a chest be prouided wherein ye writeings may be
laid vp that concerne this businesse. The court further
declared that they doe invest Mr. Davenport with ye power of
a negative vote, for the reason & in ye cases according to the
tearmes in his writeing specified, and that they shall be ready
to confirme such orders as shalbe presented wch in the judg
ment of the court shall be conducible to the maine end
intended. It is ordered for encouragment of such as shall dilligently
& constantly, (to the satisfaction of the civell authority in each
plantation,) apply themselues to due vse of means for the
attainem1 of learning, wch may fitt them for publick service,
that they shall bee freed fro paym1 of rates with respect to
their psons; pvided, y1 if any such shall leave' off or not con
stantly attend those studies, they shaU then be liable to pay
rates in all respects as other men are.
It is ordered that if the colonie schoole shall begin any time
within the first half yeare fro this court of ellectio, y4 40" shall
be paid by the treasurer for this yeare, & if it shall begin at
any time before the election next, that 20" shall be paid by
y8 treasurer vpo that account.
[262] || To the printed law, concerning the education of chil
dren, it is now added, that the sonnes of all the inhabitants
within this jurisdiction, shall (vnder ye same penalty) be
learned to write a ledgible hand, so soone as they are capable
of it.
The constables of Stamford were desired to vse their
endeavours to arrest the pson of Rich: Crabb of Greenwich, &
to take security to the vallue of rt", for his appearance before
the court to be held at Stamford, to give answere for such
delinquencies as shall be charged vpon him.
It is ordered that a rate of 200" shall be leuied vpon the
seuerall plantations & ye proprietors at Paugaset, according
their pportions, the one half to be paid by the middle of Octo
ber next, the otlier half by the middle of March following ; in

1660] JURISDICTION OF NEW HAVEN. 377
such pay & at such prises as was ordered 27 May, 57, w°h is
thus proportioned, Newhaven, 71 12 02
Milford, 43 01 02
Guilford, 26 01 08
Stamford, 26 03 02
Southold, 17 01 06
Brandford, 14 11 08
Paugasett, 01 08 08

200 00 00

At a meeting of the Comittee for the Schoole, 28th June,
1660.
There was prsent, the Gouernor, ye Deputy Gouernor, Mr.
Treat, Mr, Davenport, Mr. Street.
It was agreed that M1". Pecke, now at Guilford, should be
schoolemaster, & that it should begin in October next, when
his half yeare expires there; he is to keepe ye schoole, to teach
the schoUers Lattine, Greek and Hebrew, <fe fitt them for the
colledge; & for the salary, he knowes the alowance fro the
colony is 40" a yeare ; and for further treaties they must leave
it to Newhaven, where the schoole is ; and for farther orders
concerning the schoole & well carrying it on, the elders will
consider of some against the court of magistrates -in October
next, when things as there is cause may be further considered.
Mr. Crane & Mr. Peirson came after the businesse was con
cluded, & what is aboue written was read to them & they fully
approued of it, & after that, being read to Mr. Gilbert, he
approued of it also.

[263] At a Court of Magistrates, held at Newhaven
OCTOBr 17, 1660.
There was prsent ye Deputy Gou'nor, Mr. Gilbert, Mr.
Crane, Mr. Treate.
The businesses referred to this court in May last, concern
48

378 records of the [1660
inge Sam: Plumb, Francis Browne & Edward House, being
called vpon, the deputy gouernor declared, that the gouernour
(who was now sick) hath received a letter fro Mr. Rawson of
Boston, concerning this businesse, who therein fro a letter fro
England, complaines of much wronge done to Edw: House not
being taught the trade of a brickmaker, to wch John Strange
of Boston, his first master, stood engaged to doe, and by being
held in service 8 monethes byond the time sett by his inden
ture, a coppy whereof sent by Mr. Rawson, (but not attested,)
was prsented & read. Concerning the eight monethes service,
(wch"was mentioned by Mr. Rawson,) but found to be but fro
Aprill to October, & so but 6 moneths, Sam: Plumb appealed
to the records in October (59,) & thence he pleaded that in
Hew of that 6 moneths service, hee was enioyned to transport
him to Boston, wch he would have done but Edward House
was not willing to goe ; he further pleaded that his service was
worth but little, for vpon his desire he being lett bloud, his
sore festered, woh disabled him for service a moneth or six
weeks, besides a fortnights sicknesse in harvest. They were
asked what endeavours they had vsed to learne him the trade,
but they could not make ought appeare that they had done
that way, who both affirmed that they knew not that he was
to learne the trade. Sam. Plumb said that he was not fitt for
the trade when he came to him, for he could not bend his knee
by reason of the scurvy, wch (as he vnderstands) he tooke a
shipp board by eateing brewis, his mr being cooke. Francis
Browne said that he was so diseased while he was with him
that hee cost him neare 5".
This part of the businesse, as it referred to Edward "House,
haveing beene heard, ye action of Samuel Plumb against
Francis Browne came to be considered, & he declared that the
said Francis Browne had sould to him ye remander of service
fro Edward House by indenture to one Jeffs, wch was 9 yeares
fro the first of May, 1653; wch indenture the court judged
invalid in October last, & therevpon Edw. House was sett free
fro his service, for woh remander of time he demanded of
Francis Browne 20"-.
Francis Browne acknowledged the aforesaid agreem4 with

1660] jurisdiction of new haven.

379

Samuell Plumb, wch he sd he then judged he might doe by
virtue of the indenture to Jeffs, wch it seems the court
approued not but layd aside as invalid; he submitted the
case betwixt Sam. Plumb & himself, to the judgm4 of the
court, but withall declared that he had received much wrong
fro him of who he bought Edward House off, fro who he must
seeke his right as he may; he desired the court to consider
whether the demands of Sam. Plumb be not far aboue what
there is ground for.
[264] || After the plaint' & defendant had exprest what they
had to say in the case, the court declared, that they looke
vpon Francis Browne as haveing acted imprudently in this
matter, (but fraudulently they see not,) they also looke vpon
the boy Edward House as vnder infirmity of body, and doe
therefore order, that Francis Browne doe pay (for the time of
service from Edward House, sould to him, beyond what doth
appeare to be his right to sell,) 10" in current pay, w4hin one
yeare, w4h the charges of the court 10s.
For the discharging of the said 10", 10s, Francis Browne
now engaged to Samuel Plum 8" in wheat & pease, due from
Samuel Steele at spring next, to be paid at Hartford, & to pay
50s8 in wampom within three moneths, for ye performance
whereof the security taken already at Stamford to remaine
vntill this be done.
Francis Browne did also engage to the court to referr the
question concerning the trade of brickmaker to indifferent
men to judg of when the court shall require him so to doe,
vnless Mr. Rawson shall see cause to let that claime fall, fro
what shal be suggested to him concerning the case.
Mr. Wakeman & Mr. Auger in behalf of the creditors to the
estate of Mr. Stephen Goodyeare deceased, appeared to prose
cute an attachm4 vpon the estate of Mr. James Mills, to the
vallue of 10". Mr. Mills being thrice called, anwered not,
wherevpon the court ordered the attachm4 to remaine vntill
further order, & that iust damages & charges shall be allowed
by the defendt when ye case is tryed.
Joseph Meade, attorney for Abraham Frost, appeared to

380 REGORDS OF THE [1660
prosecute in an action of slaunder against Rich. Crabb, who
being called, answered not.
Ensigne Bryan had liberty fro the court to remoue the 300
bush: of salt depositted by Captaine John Penny, to some other
warehouse where it may be safely kept & prserved, ye wasting
of the salt & warehouse roome remains to be considered.
Captaine Nathaniel Siluester being bound ouer to this court,
& certaine goods of his attached for his appearance, being
called, answered not, wch attachm4 is to remaine and he
enioyned to make his appearance at the court of magistrates
the second day of the weeke next before ye election in May
next, to answere such complaints as are specified in the order
of ye gen: court concerning him in May last, wth what els shall
be charged against him.
[265] || John Archers of Stamford, plainteife in an action of
the case concerning a horse, against Francis Browne of
Stamford, defendt, declared,
That he had a horse, about the moneth of February, 1659,
wch Francis Browne had a minde to, after some treaties betixt
them, they came to an agreem1 that Francis Brown should
have his horse, (wch he deliu'ed to him,) for which horse he
was to have his choyce of Francis Browns horses or 13" in
pease & wheate, but he feareing that corne would fall short, he
released the corne & desired -of the defendt a horse, according
to agreem1, but instead of a choyce out of all his horses, the
defendt prsented a horse, of 2 yeares old, wch if he liked not
he must stay till his other horses came vp, wch he was not
willing to doe, & did therefore comence this sute against the
defendant ; for cleareing of the case, the plaint prjented in
writeing these following testimonies,
The testimony of goodman Newman, aged about 50 yeares,
he saith, that he being at Robt. Poyners, heard John Archer
& Francis Browne make a bargaine together; goodman
Browne said to John Archer, if you will let mee have your bay
horse you bought of goodman Stokey, I will let you have the
choyce of my horses, or 13" in pease & wheate; afterward I
heard that the bargaine was broke, I meeting them afterwards
seuerally, I told them that I heard that they had broke the
bargaine, they told mee they had onely broken the bargaine

1660] JURISDICTION OF NEW HAVEN. 381
of wheat & pease, & that ye choyce about the horses stood ;
this bargaine was made in ye winter 1659.
Stamford, October 13, 1660, given in'vpon oath before me,
Richard Law.
The testimony of Cornelius Jones vpon oath, he saith that
John Archer was to have the choyce of all Francis Browns
horses for a horse of John Archers wch he had of Goodmaii
Stokey, & in case the horses did not content John Archer, then
Francis Browne was to pay John Archer 13" in pease &
wheat, to be paid in the spring come twelue moneth, wch will
be in the yeare 1660. Richard Law.
This I can say, that I heard Francis Browne say, y1 Jo:
Archurd was to have the choyce of all his horses, for a horse
y1 Francis Browne had of John Archer, this was their agreem'
about ye ll'h of February, 1659.
Given in vpon oath before mee, Peter Disbrow.
Rich. Law, Octob 15th, 1660.
The testimony of Richard Ambler, vpon oath he saith that
Francis Browne did say that John Archer was to have the
choyce of all his horses, & y1 was the bargaine, & this Francis
Browne owned in my prsence, Rich: Law.
I, Stephen Clawson, can testify if occaision, that I was in
prsence when John Archerd & Francis Browne discoursed
about the horse, & Francis Browne told John Archer that
[266] || hee should have the choyce of all their horses, that
was his bargaine, wherevnto I set my hand, Stephen Clawson.
The defendant granted that he had a horse of ye plaint',
(w°h his fancy led him to,) wch horse fell sick and he thought
would have died, wch he rideing to Norwalk tired that he was
forced to dragg five miles, wch he kept all winter vpon charge,
wch he in May following proffered to the plaint' againe but he
refused to accept him, vpon wch he endeavoured to gett vp his
horses, that John Archer might have his choyce, but the
tearmes of agreem1 was, that he was to have his choyce of a
horse when they came vp, for the proofe of wch agreem1, ye
defendt prsented the testimony of Joseph Meade, Martha
Brown & Tho. Browne, as followeth,
' Joseph Meade, aged about 30 yeares, vpon oath hee saith,
that John Archer told him that he had put his horse away to
Francis Browne & he was to have one of the best of his horses
when they came vp. Stamford, October 15, 1660.
Richard Law.

382 RECORDS OF THE [1660
I, Martha Browne, doe hereby testify the bargaine wch my
husband made with John Archer about a horse was this, my
husband was to have a horse of John Archer & John Archer
was to have the choyce of my husbands horses when they came
vp. This was given in before mee,
Richard Law.
Tho: Browne, aged about 22, vpon oath he saith, yt John
Archer told him that he had changed away his horse to Fran
cis Browne, & was to have ye choyce of his horses when they
came vp. Stamford, October 16, 1660. Rich: Law.
The defendt professed that he had vsed all possible meanes
for the findeing of his horses, by himself & others, pticulerly
Jonathan Lockwood & Joseph Mead, y8 latter now affirmed
that he hath (at the desire of Francis Browne) spent mony to
get vp horses to sute John Archer, but could not finde them;
the defendt further said that he tendered the plaint' a ambling
horse wch he road vpon, wch was not accepted, & had also ten
dered a black horse & 40s in corne, & to take the horse againe
if Archer had not disposed of him before he found his other, &
then he should have his choyce, for the proof whereof ye testi
mony of Rich. Law was p'sented & read as followeth,
Theise may certify the worr" court, that in my prsence
Francis Browne did proffer John Archer in leiw of his horse
he had of John Archer, a black horse he had in hand, wch by
[267] estimation full as good as that horse y1 Fran. Brown || had
of John Archer, & 40 shillings to be paid in corne, also Francis
Browne proffered Jo Archer if he could not make his markett
of that black horse before hee could get vp other horses, John
Archer should have his choyce of other horses & he would
take ye black horse againe, if Archer would deliver him in
good state as he was then in.
The plainteife granted that a horse was tendered, but such
(he said) as was not worth 7" for his market, but Joseph Mead
now in court said that the horse was a substanciall, well
growne horse.
The plaint further said that the defendt not prsenting him
with a horse to his content, the came to treat about corne, &
he proffered to accept of 12" wheat & pease in March next, but
the defendt not consenting therevnto, but to pay 4" of the 12

1660] JURISDICTION OF NEW HAVEN. 383
in Indian come, that treaty about corne fell, so that now he
expects a horse, according to agreem4.
The defendt pleaded that he had vsed all meanes for a quiet
& peaceable end, & had made all manner of tender & to referr
the case to the judgm4 of indifferent men, for proof of the last
cause, the testimony of Robert Poynere & Cornelius Jones was
prsented, & is as followeth,
Robert Poynere saith, that Francis Browne did offer John
Archer to put the case of difference, about a horse chang, to
any indifferent men to judge what was right betweene them,
& he would stand to their judgm4, but John Archer refused.
Robert Poynere.
Cornelius Jones witnesseth the same.
This was in my prsence, Rich: Law.
The Court told the plaint' that if the defendant could not
get vp all his horses, why should not a composition be attend
ed, such as he hath tendered, viz, the black horse & 40s in
corne, wch horse, by one witnesse, is sd to be a substanciall
well growne horse, & by another, that by estimation he was
full as good as that wch Francis Browne had of him.
The Deputy Gouernor in the name of the court further
declared (though they saw not cause to condemne Francis
Browne for charges or damages in the action, for that the time
for paym1 seemes not to be expired,) yet in refference that
due paym1 may be made, did order, that the said Francis doe
vse all reasonable & honest endeavours to get vp so many of his
horses as may be had within foure moneths space, and prsent
them to John Archer, that he may chuse out one to his best
content, but if they being gradually got vp & prsented, & the
said Archer do refuse to accept any at the time when prsented,
wch afterwards he shall returne to accept, that horse being
[268] turned out, he shall be gotten vp at || Archers charge,
only he is to be prised by indifferent men, & Browne is to
make him worth 12" in wheat & pease at price currant, & to
be sure to have one horse alwayes in hand vntill the time of
4 moneths be fully expired.
By reason of the afflicting hand of God 6 Newhaven by
much sicknes, the court could not pich vpon a day for pub
licke thankgiveing through the colony for the mercyes of the

384 RECORDS OF THE [1660
yeare past, & did therefore leave it to the elders to the church
at Newhaven, as God may be pleased to remoue his hand fro
the gouernor* & others, to give notice to the rest of the plan-
¦ tation what day they judg fitt for that duty, that we may give
thanks & reioyce before the Lord together.

At a Court of Magistrates held at Newhaven Decem :
11th, (60.)
Present, the Deputy Gou'nor, Mr. Gilbert, Mr. Crane, Mr. Treat.
There being somtime in the moneth of A last, a house
burnt downe to the ground at Milford, Jacobus Loper, aged
about twelve yeares, servant to Hauns Albers, suspected of
that fact, being examined by ye magistrate denyed y1 he was
guilty of it ; a few dayes after, the house wherein his mr dwelt
being on fire, Jacobus being (by Tho: Wheeler ye owner of
the said house) questioned for fireing y4 house, confessed that
he did it & declared the manner how, vpon wch confession he
was againe questioned concerning ye former house, who at
first againe denyed it, but afterwards confessed, & said that
some seamen came to the doore when his master was in bedd,
& promised to give him (if he would fire the house) a pistoll,
powther & ribbins ; another time he said y4 he carryed out a
cole to the railes & the seamen tooke it & ioyned with him in
fireing the house ; but at the last he wholly freed the seamen
& confessed that he himself did it, describeing the manner
how, viz, by fireing a clabbord o the outside, and giveing the
reasons why, viz, 1, because he thought it might fire his mas
ters house alsoe, & thereby he should be freed fro service &
goe home to his mother, 2Jy, because Jo Baldwin who liued
in that house had made complaint to his mr y4 hee had stollen
his plumbs, for wch he was beaten ; after wch he was sent to
the prison at Newhaven, who being called before ye court was
told, that he was accused of a notorious crime by him comitted
at Milford, that being a servant (to a Duchman there) he
tooke his time to sett fire on a house, to the consumeing of
ye house & y4 wci> was in it; he was asked if it was so, to
?Governor Newman died on the eighteenth of November, 1660.

1660] JURISDICTION OF NEW HAVEN. 385
which hee answered no ; he was told that he had confessed it,
only he varyes in the manner ; he was asked if he had not
confessed that hee did it by the instigation of some seamen,
to' wch he now said yea ; he was bid to declare what moued
him to it, & how it began first to worke in his thoughts, to
wch he answered, that as he was goeing by in the day, he
heard that John Baldwin would not be there at night, & in
[269] ye night as he was passing by, heareing || a noyse in
the house, he went in, where findeing some seamen, he asked
them what they did there, they said if he would sweare not
to tell, (wch he did,) he should knowe, then they said if he
would sett fire o one end of the house, they would sett fire o
the other, & he did so. He was asked what was the reason
that he did this wicked fact, he answered, because John Bald
win had complained to his master that he had stollen his
plumbs, for wch he was beaten ; he was asked whither he was
going so late, to wch he answered his master being in bedd
with a stranger, hee being to lye by the fire, he went towards
Mr. Fenns to play ; he was asked where he had the fire, hee
answered on a corner of the hearth of the house y4 was
burnt ; hee was asked whether any were appointed to play
with him, to woh he said no, nor did he know that any body
was in the house vntill hee heard the noise as he was goeing
by. It was demanded how many seamen there were, he said
he thought there were six, but he knew non of them. Mr.
Treat required his reason, why he layes it vpon the seamen
now, haveing formerly said that he did it himself, & where
fore he did not accuse them at the first, to wch he said that
he was affraid the seamen would kill him. It was demanded
of him, why he is found in these seuerall storyes ; he was asked
wch was the trueth, to woh he said the trueth was y1 wch he had
now related ; he was told that he had said that ye seamen gave
him ribbins &c, that he should not discover it ; he was asked
what became of the ribbins ; to wch he answered that he
gave them away, but Mr. Treat told him that hee had said that
those ribbins were given him by his mother, & John Baldwin
testified that he had them long before, but he still said that
the seamen gave them to him ; Mr. Treate told him that he
49

386 RECORDS OF THE [1660
had said that there were but foure seamen, & that they came
to the dore when his mr was in bedd, to wch he now said that
what he had said therein was vntrue.
Jacobus was told that fro the first to the last he hath con
fessed that he did it or had a hand in it, and herein (though
his storyes be various) one time saying, that when his mr was
in bedd foure seamen came to the dore &c, another time, that
he heard the seamen make a noyse in the house as he was
goeing by towards Mr. Fenns to play &c ; but take it either
way, this he alwayes confesses, that he either did it, or had a
hand in it, & this is given as the ground, because Jo. Baldwin
complained to his master of the matter of plumbs, wch com
plaint it is like was true & the correction iust, he haveing
nothing to say against his mr for any ill vsage, as himself had
acknowledged ; he was further told that he is reported to be
a notorious lyeing boy, a great offence to the English amongst
who he lives, & a dishonor to the nation to wch he belongs,
and that hee hath ppetrated this act to a great sum wch he is
not able to answere.
John Baldwin prsented in 3 papers, an account of goods
that were in the house, belonging to seuerall in Milford, (but
proued it not,) he desired that their damage might be consid
ered & they righted, the goods amounting to about 78", to wch
must be added 8 or 10" belonging to Mrs. Tapp. Goodman
Clarke, the owner of the house y1 was burnt, informed that
his house he esteemed worth 30", but declared he did not
[270] now demand it, & that he || also lost a peice of serge
about 3".
Jacobus was asked if he saw these goods in the house, or
saw them conveyed away by the seamen, he said no, the sea
men went ouer the lots behinde his mr house, but they car
ryed away no goods that he saw, nor did he heare fro them for
what reason they would fire the house, nor did he know what
became of the goods nor of any complotm1 about them.
After wch, the court by way of sentence declared, first, as
there is a criminall offence by Jacobus Loper comitted, in
burning one house &c to the ground, with a after attempt to
burne his masters house, vnto woh many lyes he hath added,
for these miscarriages, vpon the considerations aforesaid, it

1661] JURISDICTION OF NEW HAVEN. 387
was ordered that he be corporally punished by whipping;
secondly, as he by this fact hath brought damage vpon others,
w°h, besides the house, is to the vallew of about 100", as the
court was informed, (& but informed,) the proofe whereof
they leave to the judgm1 of the court at Milford, it is ordered
that he pay double, according to the law in that case, or to
the satisfaction of such as shall proue their damag by the fire,
wch satisfactio aforesd, if it be not made by himself or others
o his behalf, he is to be sould for a servant ; thirdly, that the
jurisdiction for time to come may be secured, it was ordered,
that whosoeuer shall entertaine & keep the said Jacobus
Loper, shall be bound to secure the jurisdiction and the seu
erall inhabitants thereof fro future damage by such like mis-
cheivous attempts of his, and he to remaine in the marshalls
custody vntill this sentence be fullfilled.
At the desire of Mr. Goodenhouse, for Reasons by him
shewed, the court granted him an attachm1 against the estate
of Mr. John Evance in Newhaven, to answere ye issue of an
account concerning the shipp Susan, depending in England.
The Court being informed that the salt depositted wlh the
court by Captaine Penny, was in a decaying condition, for
pruention of further damage they did dispose of it to Ensigne
Bryan & Mr. Jo Hudson, at 3s a booshell, in country pay, or
so much salt againe when it shall be demanded, the pformance
whereof they engaged, as by a writeing dated the 11th, 10th
moneth (60,) subscribed by Alexander Bryan, John Hudson.

[271] AT A MEETING OF THE GEN: COURT FOR THE JURIS
DICTION, Mat 17th, 1661.
The Deputy Gouernor declared to the court the cause of
the meeting, viz, that he had received a copie of a letter from
his majesty, wth another letter fro the gouernor of ye Massa
chusetts,* for the apprhending of Colonell Whaley & Colonell
* A copy of the kings letter to the Governor of New England, dated March 6th,
1660-1, may be found in 3d Mass. Hist. Coll., vii, 123, and a copy of Gov. Endicott's
letter to the Dep. Gov. of New Haven dated May 7th, 1661|,in Doc. rel. to Col. Hist.
of N. Y., iii, 41. '

388 RECORDS OF THE [1661
Goff, wch letters he shewed to the court & acquainted them
y1 forthwith vpon the receit of them, granted his letter to the
magistrate of Newhaven, by advice & concurrence of the
deputyes there, to make prsent & dilligent serch throughout
their towne for the said psons accordingly, woh letter the
messengers carried, but found not the magistrate at home, &
that he himself followed after the messengers & came into
Newhaven soone after them, the 13th 0f May 1661, bringing
wlh him Mr. Crane, magistrate at Brandford ; who when they
were come, sent prsently for the magistrates of Newhaven &
Milford, & ye deputies of Newhaven court ; the magistrates
thus sent for not being yet come, they advised with the depu
ties about the matter, and after a short debate wth the dep
utyes, was writeing a warrant for serch for the aforesd
Colonells, but the magistrates before spoken of being come,
vpon further consideration, (ye case being weighty,) it was
resolued to call the gen: court, for the effectuall carrying 6
of the worke. The deputy gouernor further informed the
court that himself & the magistrates told ye messengers that
they were farr fro hindering the search, & they were sorry
that it so fell out, & were resolved to psue the matter as that
an answere should be prpared against their returne fro the
Dutch. •
The Court being mett, when they heard the matter declared,
& had heard his majestyes letter & the letter from the gou
ernor 0f the Massachusetts, they all declared they did not
know that they were in the colony, or had been for divers
weekes past, & both magistrates & deputies wished a serch
had beene sooner made, & did now order that the magistrates
take care & send forth warrant, that a speedy, dilligent serch
be made throughout ye jurisdicon, in psuance of his maties
comand, according to ye letters received, & y1 fro ye seuerall
plantations a returne be made, y1 it may be recorded.*
Order to search for Whalley and Goffe.
May 17, 1661. For the Marshall or Deputies at Milford.
You are to make diligent search, by the first, throughout the whole towne of Mill-
foord and the precincts thereof, taking with you two or three sufficient persons, and
calling in any other helpe you shall see need of, who are hereby required to attend
for your assistance upon call ; and this to be in all dwelling houses, barnes or other

1661] JURISDICTION OF NEW HAVEN. 889
And whereas there have been rurno" of their late being
here at Newhaven, it hath been enquired into & seuerall psons
examined, but could finde no trueth in those reports, & for
anything yet doth appeare, are but vniust suspitions & ground-
les reports against ye place, to raise ill surmises & reproaches.

[272] At a Court of Magistrates held at Newhaven the
27th May, 1661.
Deacon George Clarke of Milford, plaint,
John Baldwin of the same, defendt.
The plaint entred a action of the case against ye defendt,
for a house & goods, (to the vallew of 33",) burnt at Milford,
but after some short debate, the plaint not finding himself at
prsent prpared to prosecute his action, desired that it might
be respitted vntill a time of heareing (this court) might be
afforded, onely he desired that the testimony of Hans Aluers
might be taken in ye case, who testified that there was a hole
in y8 clabboards about the vpper floore at wch a man might goe
in, through wch (fro his house) he could see both y8 clothes
& y8 men at worke, wch ye defendt granted might be so.
buildings whatsoever, and vessels in the harbour, for the finding and apprehending of
Colonell Whalley and Colonell Goffe, who stand charged with crimes, as by his
Majesties letter appears ; and being found, you are to bring them to the Deputie
Governor, or some other Magistrate, to be sent over for England, according to his
Majesties order. Hereof faile not at peril.
By order of the General Court,
Jasper Crane, as attest,
Matthew Gilberte, William Leete, Deputie Governour.
Robert Treatt.
In the MarshaHs absence, I doe appoint and impower you, Thomas Sanford, Nicho
las Campe, and James Tapping to the above named powers, according to the tenour
of the warrant ; and to make a returne thereof under your hands to me by the first.
Robert Treatt.
Wee, the said persons, appointed to serve and search by virtue of this our warrant,
doe hereby declare and testifie that to our best light we have the 20th of May, 1661,
made diligent search according to the tenour of this warrant, as witness our hands.
Thomas Sanford, -\
Nicholas Campe, ( „ ,
James Tapping, \ Searchers.
Lawrence Ward, his I mark. )
3d Mass. Hist. Coll. vii, 124.
The Judges remained concealed in the cave at. the West Rock, from May 15, to
June 11.

390 records of the [1661
Sarjeant Willm Fowler, attorney for Mr. John Davenport
junior, of Newhaven, entred an action of the case against Mrs.
Joanna Prudden of Milford, concerning a horse taken vp &
detained by her; Jasper Gunn appeared as her attorney to
answere the sute.
To prove that the horse in question did belong to the plaint',
these following testimonyes were prsented,
Edmund Tooly testied that there was brought vp by Edw:
Campe, about six yeares agoe, a horse colt of a bright bay
couler woh sucked his dam, wch was also of a bright bay couler,
the colt had white in his forehead, one white foote behinde, wch
he apprhended to be the horse now in questio at Milford, & to
be the very same horse which came of his master Davenports
bay mare.
This testimony was taken vpo oath the 28th of 12th moneth,
1660. Mathew Gilbert.
Ralph Lynes & John Burwell being vnder oath in court at
Milford, (where the case was heard, (but not issued,) the 7tb
of March, 1661,) did there testify, (as by a copy of their record
now prsented did appeare,) concerning a horse of Mr. Daven
ports wch is supposed to be this, that they knew him at a yeare
• old, & that then he was a bright bay wth a small star, & to their
best apprhension it is six yeares since, & when he did come
out againe, then he was branded with Mr. Davenports brand.
Samuell Burwell, aged about 20 yeares, witnesseth that
when this horse that is now in controuersy at Mrs. Pruddens,
was first brought vp out of the woods, winter was twelue
moneth, into Mr. Whitmans yard, & then John Warlock & hee
was there together, & the sd Warlock then said he did not
apprhend this was Mr. Pruddens horse, for he did not know
that she wanted any such horse, further hee then said that she
[273] wanted a bay gelding, but this || was not like that, for
he made account that y6 gelding was not so light a couler as
this, & that it was bigger then this, but he said that they might
doe well to ketch him & search him whether he was a gelding
or no, but he did not apprhend that horse to be M". Pruddens
gelding. The abouesd Samuell Burwell hath made oath vnto the
aboue named testimony, before mee, Robert Treat, at
Milford, March 18th, |a «.«,,
The defendant declared that he looked for proof that ye
horse was Mr. Davenports, wch yet he saw not, for as for
Edmund Toolyes, it was but a single testimony, and for John

1661] JURISDICTION OF NEW HAVEN. 391
Burwell, he hath said at Mrs. Pruddens that he thought ye
horse was hers ; the defendt prsented the testimony of John
Warlock, but not vpon oath, who saith in a writeing directed
toMrs. Joanna Prudden, as followeth,
Louing Mrs, there was a mistake in my last to you, I not so
fully vnderstanding your writeing to mee, my testimony is as
followeth, that you had a bright bay stone horse with a small
starr in his forehead & one white foote behinde & a black list
vpon his backe, wth P P. vpon his neare shoulder & M: for
Milford ; there vsuall walk of feeding was about the sea side,
& this is the trueth of what I doe remember, witness my hand.
This is the writeing & I W marke of John Warlocke,
Attested by mee, Robert Chapma, Decemb 7th, 1660.
This writeing being read, the plaint called for a former tes
timony of John Warlocks wch he apprhended contradictory
vnto this, but the defendt answered he neuer saw it, but if
they would make vse of trueth, its here prsented.
These words taken out of Mr. Pruddens booke.
A gray mare colt, foled in 54, of the markes of his sorrild
mare, a sorrild horse colt of the same yeare & marke of my
sorrill mare, these two lie towards the Indian side.
Vpon wch the plaint pleaded that theres mention made of a
sorrilld colt, but the horse in questio is a bay, therefore cannot
be the same, & besides that wch Mrs. Prudden wants is a geld
ing, but this is a horse, wheevpo the defendt prsented the
testimony of Tho. Betts, as followeth,
When I had been at Newhaven, to let Mr. Davenport see
the horse wch is in difference betweene Mr. Davenport & Mrs.
Prudden, Sarjeant Fowler came to Mrs. Pruddens & looked
vpo the horse & y brandmarke, & sd that the marke could
not be I:D:, but it might possibly be P:P:, & by the horse
starting forward when ye brand was setting o, might turne it
off one side. This testified by mee, Tho: Betts.
Benjamine Jones, aged about 20 yeares, witnesseth that as
John Warlock was comeing fro the Indian side, he said at or
house that he thought he see .his Mrs. gelding, and so shee told
[274] Esburne Wakema of him, & he went & fetched || him
home, & he said seuerall times it was his mrs gelding, a brave
bay gelding, & at another time when ye said Esburne was a

892 RECORDS OF THE [1661
leading him to the water, I asked him what horse y1 was,, &
he sd it was his mrs. gelding.
The aboue written Benj Jones hath made oath vnto the
abouesd testimony, before mee, Robert Treat, in Mil
ford, March 18th 1660: 1661.
The Court haveing viewed the horse, heard & considered
the evidence on either side, with-ye pleadings both of pi &
defendt, by way of sentence declared that by all that hath
beene said it doth not cleaely appeare to who the horse doth
belong, but they doe judg that ye most probable proof is o the
plaint side, and doe therefore order that the horse be delivrd
to Mr. Davenport as haveing the most probable right, Hberty
being left to ye defendt of a reueiw at the court of magistrates
in October next if he see cause to prosecute ; ye defendt to pay
ye charges of ye court in this cause.
Leiftenn1 Charles Glouer of Southold, plaint', against
Mr. James Mills & Leiftenn1 John Budd defendants,
entred an action of the case for breach of an agreem1
vpon ye forfeiture of a bond of 200". Mr. Mills being
thrice called, answered not, but Leiftenn1 John Budd
appeared to answere the sute, wherevpo the plaint
declared,
That he haveing done a peice of worke for Mr. Mills, there
grew a difference vpon accounts & otherwise betwixt them,
wherevpon they both voluntarily, and mutually, agreed to
referr it to indifferent men for issue, & entred into a bond of
200" to stand to their award, woh by a writeing, dated the
25th October, 1660, did so appeare; another writeing was by
him prsented, dated 29th October, 1660, whereby it appeared
y1 Mr. Wm Wells & Captaine John Youngs of Southold were
by ioynt consent chosen arbitrators, for ending all differences
betwixt them according to their former engagem1, as soone as
possibly the said James Mills could returne fro Newhaven;
accordingly about three dayes after his returne, they got the
arbitrators together, which was o the 8th of December, & they
foure being mett, Mr. Mills asked him y4 they might issue
accounts betwixt themselues & not trouble their freinds, to
wch he said himself was not opposit, wherevpon Mr. Wells

1661] JURISDICTION OF NEW HAVEN. 393
wished them to make triall & go as far as they could, & then
they should have the less to doe ; the plant' further said that
[275] Mr. || Mills then promised to come downe o the morrow
morning wth his bookes, but came not, but about eleaven a
clock hee came hurrying & desired him to goe with him, wch
he did, where they run ouer their abruptly, but could not
issue, & so it rested till the 14th of December, at woh time
they assayed againe, but could doe nothing, & that Mr. Mills
said the men wch they had chosen should not end it, but it
should goe to Newhaven, by which he conceiv'd it appeared
that Mr. Mills had forfeited the 200", haveing broken his
engagem4, concering which hee craved the iustice of the court.
But for the cleareing of Mr. Mills fro breach of ye agreement
& forfeiture of the bond of 200", the defendt prsented in write-
- ing as followeth, Northampton, this 134t> of May, 1661.
The deposition of Thomas More, sen. This deponent saith,
whereas there was a difference betweene M1'. Mills & Charles
Glouer, in makeing vp their accounts & the bignesse of the
shipp more then the first agreem1, they both agreed to put
their differences to men to be ended, but vpon further consid
eration, Mr. Mills & Charles Glouer with ye consent of their
arbitrators, agreed to make vp their accounts between them
selues without any arbitrators, if possibly they could, & the
next day they were together makeing vp their accounts, &
went as far in their accounts as that time would pmitt, for the
shipp being aground o the barr, the tide was to get her off, &
then Mr. Mills told Charles Glouer he would carry his booke
aboard, and there they would make a end, & so they did both
of them carry their books aboard, and this deponent being
aboard the shipp, at evening Mr. Mills asked Charles Glouer
if they should go see if they could make a end of their
accounts. Charles Glouer told him he could not that night
& so Charles Glouer went ashore prsently; ye next day Mr.
MUls asked Charles Glouer if he would not stay y1 they might
issue their business of their accounts, Charles told, him that he
could not stay then, & then Charles went home, w°h was foure
miles fro the shipp, then Mr. Mills told Charles that he would
come vp at night ; a day or two after this they both did meet
where Mr. Mills lodged, & went to makeing vp their accounts,
but before Mr. Mills would go any further in his accounts
wth Charles Glouer, Mr. Mills asked the carpenter, Charles
Glouer, what hee would demand for the two foote depth in
50

394 RECORDS OF THE [1661
hold ye shipp was more then the first agreem1, Charles would
not tell nor say what he would have a long time, but at last
Charles Glouer told Mills what he would have, & then Mr.
Mills thought his demands were so vnreasonable that he
should neuer give him what he demanded ; being both of them
almost angry, Mr. Mills told the carpenter, Charles Glouer,
that he had paid him more for^the shipp already then the
agreem1 was, and that should be made appeare by his accounts,
& there they left off. A day or two A this, Mr. Mills drew
out all his accounts and carryed them to Mr. Wells & Mr.
[276] Youngs, & told them there were || the accounts in all
the pticulers that he had paid to Charles Glouer, & pfered to
take his oath to them, & Mr. Mills prayed them to take them
& pvse them with Charles Glouer, & to see what exceptions
they could finde against them, but Mr. Wells & Mr. Youngs
refused, & said they would not meddle with them vnless they
had power to issue any differences they should finde in ye
accounts, not further. Taken before me, John Ogden.
The depositio of Alice Rawlings, being sworne & examined,
saith, That o the 7th of December last past, being at Mr.
Mores at Southold, that on that day in the evening ye arbitra
tors betwixt Mr. James Mills & Charles Glouer mett, & that
she heard the said Charles Glouer say seuerall times y1 the
arbitrators advised them to end it betwixt, themselues, and if
they could not end all their differences betwixt themselues, 8f
if they could not end all their differences betwixt themselues,
then if they would bring it to them the sd arbitrators, they
would doe it for them, also this deponent saith, that the next
day after the arbitrators mett, the sd Charles Glouer & James
Mills mett at Mr. Moores according as the arbitrators advised,
& began wth their accounts, and she, the deponent, heard Mr.
Moore say seuerall times to y said Mills, come away & leave
off your accounts, for you will loose the tide to heave the shipp
off, but y8 said James Mills refused to breake off before he
had finished y5 accos with ye said Charles Glouer, & when
they had done, the sd deponent heard him say that there was
little or noe difference in ye accounts, & that he did not mat
ter small matters, five or six pounds should not make a differ
ence betwixt them, onely-they had not reckoned some mens
wages & other small matters ; also this deponent saith that ye
second day following, Charles Glouer went downe to the shipp
to end their difference, but returned & did not, but about 2 or
3 dayes after that they went downe to ye shipp, they returned
againe, & James Mills at Mr. Moores said to Charles Glouer,
shall we end or matters now, but he refused & said he must go

1661] JURISDICTION OF NEW HAVEN. 395
home to sleep, James Mills replied to him, (being very vrgent
to have him stay & end with him,) & said to him the said
Charles Glouer, I caried my booke downe with mee to the
shipp to end with you & there you would not, but you would
come vp to the towne, & then when I saw you would not stay
there to end, I concluded to bring my book vp to towne with
mee againe & I am now come vp purposely to end with you &
now you will not, I cannot wait vpon you alwayes, my occa
sions calls mee ouer to Pequitt, if you will not doe it now,
appoint a time when I shall come vp againe & I wiU, so the sd
Charles Glouer appointed ye next night following, & accord
ingly the said James Mills came, and being together at Mr.
Moores, the sd James Mills said to the said Charles, you know
we have almost ended our accounts, before we proceed any
further let mee know what it is you require for the shipp for
building the shipp two foot deep in ye hold then ye agreem4, ye
[277] sd Charles || Glouer did in a very angry manner refuse
vtterly to tell the sd James Mills what he should give him for
the shipp, for, said Glouer, let vs finish or accounts first, & after
we have ended all or accounts then I will tell you what you shall
give for ye shipp, & not before ; and thus did the sd Charles
Glouer continue for the space of about 3 houres, till it was about
12 a clock at night, & by no pswation would be drawne to tell
the sd Mills what he should give him for the shipp, the sd Mills
repHed it is all y8 reason in the world that I should know
what I must pay for the shipp before I pay for her, & vnlesse
you will tell mee what I must pay for the shipp I will not
finish my accounts with you, for you would have mee give you
y8 difference in accounts betwixt vs, & then you will make
mee pay for ye shipp what you please yourself. Also this
deponent saith, shee heard Charles Glouer say at the same
time, I confesse saith hee Charles Glouer, when I made the
agreem4 with you ye aforesd Mills, I told you I did not cer
tainly know what length the shipp was by the keele, I said I
knew not whether shee was 49 foote, or 50, or 51, or 52 foote
by y8 keele, but I was certaine she was 49 foote, but said y8 sd
Charles Glouer, there shee is as shee lies, more or lesse. Also
this deponent saith, that the next morning after they had this
discourse, that the said James Mills went ouer to Pequett
according as he said to Glouer the night before, that his occa
sions was vrgent & he could not wait vpon him, so as he did
fro time to time. Also this deponent saith y4 about 9 or 10
dayes after, the sd James Mills returned to Southold, & then
did bespeake a lanching dinner, at wch time Charles Glouer &
James Mills mett, & Charles Glouer asked him when they
should end their differences, for said hee, it is time; the sd

396 RECORDS OF THE [1661
James Mills said it was not then a seasonable time, it being
about 12 a clock at night ; the next morning James Mills went
aboard the shipp, & then did Charles Glouer send a warrant
after him the said Mills. Also this deponent saith shee heard
Charles Glouer say, if the shipp had been Mr. Bentons, she
might have beene lanched ye last yeare. Also she saith, she
heard the sd Glouer vrge James Mills many times to doe his
worst, saying he would faine see the fruits of his threatening
him, & further saith not. To all this that is before declared,
Fortune, ye wife of James Mills doth testify to be true vpon
oath, also Roger Rawlings, husband to the deponent Alice
Rawlings, testifieth the trueth of all this vpon oath.
Taken vpon oath this 4th of March, }{|f, before mee,
John Tinker, of New London, Assistant.
This deposition being read, the pi replied that therein it is
said that o the 7th of December ye arbitrators mett at Mr.
Moores, wch he now vndertook to disapproue, wch y8 defendt
desired might be noted that he charged falchood on the wit
nesses ; the writeing being viewed, ye pi was told that y8 depo
nent doth not say that they mett at Mr. Moores, but being at
Mr. Moores, &c, concerning wch charg y8 pi saw his error.
[278] || The plaint' desired to speake to that passage in ye
deposition, viz, the second day following, Charles Glouer went
downe to the shipp to end their differences but returned and
did not, but about 2 or 3 dayes after they went downe to the
shipp they returned againe, & James Mills at Mr. Moores said
to Charles Glouer shall we end or matters now, but he refused
& sd he must goe home & sleep; to wch he now answered, it
is true he went downe o the second day, the reason was the
shipp being off, Mr. Mills desired him to goe & worke, who
also then said, it may be we may end or matters aboard, but
he went ouer to Shelter Island, who promised to come vp at
night, who did come, but very late, & he haveing beene 3
nights aboard, wanting those refreshm4s woh he might have
had on shore, being almost spent, he did say he must goe home
& sleep.
The defend1 desired it might be noted that the pi had said,
that he could not get Mr. Mills to attend a issue, yet now hath
sd y1 Mr. Mills would have had it attended but he must goe
home, & sleep.

1661] JURISDICTION OF NEW HAVEN. 397
The plaint prsented these testimonies following,
The testimony of Nathaniel More, aged about or neare 20
yeares, this deponent saith, that vpon a sixt day at night he
heard Mr. James Mills say, that the men which was the arbi
trators chosen betweene them should not end their differences,
but it should goe to Newhaven, & that he did not matter 200"
so long as he thought hee should get five by it.
Nathaniell Moore.
Testified vpon oath before mee, Will Wells, Aprill 10th,
1661.
Simo Steevens, seama & one of the crew that did belong to
Mr. Mills his shipp, aged about 28 yeares, saith, This deponent
saith that he heard Leiftenn1 Charles Glouer ask Mr. Mills to
have their differences ended according to their refference in
that behalf, but he sd Mr. Mills refused, saying he was doubt
fuU Captaine Youngs was prjudiced against him, he being his
arbitrator, and moreouer said he would have it ended at New
haven ; the sd Charles Glouer said y1 was a put off, & then
earnestly desired Mr. Mills & hee might come to a faire end,
according to their first agreem4, but Mr. Mills sd he mattered
not 200" as long as he could get 500" by it; this discourse
was 6 a Friday in ye evening at Mr. Moores house.
Simo Steevens.
Taken the 2<* of March, 1660, before mee, Will: Wells.
For the cleareing of the case, Mr. Wells in court declared
that there was a evening when the plaint & defendt & yB arbi
trators mett at Mr. Youngs house, with intent to endeavor ye
ending of the differences between them, wch were of two sorts,
1. in matter of accounts, 2, about the enlargment of the shipp,
at w°h time jyjv, Miiis said that for the accounts, he thought
they might end themselues, wherevpon Mr. Youngs & himself
bid them doe what they could, & what they could not doe
therein, they would affoard their help, & that then it was
[279] agreed there should be a prosecution for issue, || which
was to be the next morning, & no after that he knowes of, but
the whole businesse was neuer taken out of ye arbitrators
hand, but the matter of accounts onely, as hath beene said ;
to the same purpose now spake Captaine Yongue, who w4hall
added, that that pt concerning the enlargm4 of the shipp it was
neuer like to be issued by themselues ; concerning the testi
mony of Tho. Moore senior, Mr. Wells declared there was a

398 RECORDS OF THE [1661
mistake, it was true that Mr. Mills brought' his book and
accounts to him, but he would not meddle with it being alone,
Capt' Youngs said he knew nothing of it, & both said that he
neuer came w4h his booke & accounts to them together.
The testimony of Edward Cogner was prsented.
This deponent saith that vpon a sixt day of the weeke at
night, he heard this discourse betwixt James Mills & Charles
Glouer, namely that Charles Glouer had been foure or. five
times to account with Mr. Mills, & at this time had his book
vnder his arme & desired him to come to account, yet he did
not, but put off the said Charles, so as nothing was done about
ye same in my prsence. Edward Cogner.
Taken vpon oath ye 10th of Aprill, 1661, before mee,
Will Wells.
The defendt pleaded that by the bond Mr. Mills was engaged
to attend a sudden & speedy issue after his reture fro New
haven, wch engagem4 he saw not but he had attended to as
well as the plaint', if the testimonyes 6 his part be considred,
and therefore the plaint did vniustly molest him by arest &
imprisonm4; but the plaint' replied, that the defendt had
refused to stand to the arbitratio, &c, & that there was iust
ground for the arrest, as should appeare by these testimonyes
following, The deposition of Rennick Garret, sen, & Abraham Whithar,
aged something aboue twenty yeares.
These deponents do testify they did somtimes heare Mr.
Mills say, before the shipp was lanched, that if he could but
get the shipp off, & out of the creeke, that he would shew
goodma Glouer a trick.
Taken before mee, John Youngs, February 12, 1660.
The Court haveing heard the evidence o either side, with the
pleas of both plaint' & defendt, declared that by what hath
beene said, it doth not appeare but that Mr. Mills hath psued
the attendance to his duty, in reference to the bond, as well
as the other, (though they see negligence in both,) & that the
bond of 200" is not by him forfeited, & so no iust ground for
this sute, & doe therefore order that both plaint & defendt do
beare their owne charges, the bond to be kept by the secretary.
[280] || John Lum, of Huntingto, plant', ag4 Barnabas Hor
ton of Southold, defendt, in a, action of the case concerning a

1661] JURISDICTION OF NEW HAVEN. 399
mare, but he findeing himself vnprpared in poynt of testimony,
withdrew his action.
Leiftenn1 John Bud, plaint', Charles Glouer, defendt. The
plaint' declared ag1 the defendt for a debt of 15", the defendt
granted that happily there might be money due to the plaint',
but how it should be 15" he knowes not, he knew there were
accounts of 7 or 8 yeares, wch they had endeavoured to issue
but could not, he therefore propounded that two indifferent
men at Southold might be chosen to make vp the account, &
what the ball shall appeare to be, Captaine John Youngs now
engaged with him to satisfy to ye plaint', who accepted the
proposition & engagem1 woh is (vpon notice given by ye
plaint') to be attended by the defendt.
Sarjeant Rich: Baldwin & John Cowper, attorneys for Mr.
James Mills, pi, entred an action of debt & damag, to the
vallew of 500", against Charles Glouer of Southold.
Sarjeant Richard Baldwin wth some others of Milford,
haveing attached a bolster, blanket &c, supposed to be ye
estate of Jacobus Loper, now appeared to psecute, who were
told that the boy was much indebted to the jurisdiction, wch
must first be paid. Hans Alvers, his master, was asked
whether the goods attached was Jacobus his propp estate, who
answered that he was to have some bedding with him woh he
was to have the vse of, but whether it would be demanded
againe at ye end of his time, he knew not, haveing lost his
indenture which might have cleared the case. After wch the
deputy gouerno1 declared, that there was a sentence formerly
past in this court against Jacobus Loper for notorious mis
cariages, namely for burning a house wth a considrable quan
tity of goods for ought appeares, the owners whereof were to
be repaired in proportion to y8 damage they should make
proof off, wherevpon he hath been kept in prison to this time
to see if any would appeare o his behalf, to satisfy for the
wrong done, but no hath appeared. It was now propounded
that if there were any that would be a chapman for Jacobus
Loper, that they would take notice y1 the tender is made,
after wch Sarjeant Baldwin declared, that ye damage sustained
by him hath been very great & his fact of a high nature, he

400 RECORDS OF THE [1661
therefore propounded whether y« court would not adventure
a little more vpon him, by sending him to the Barbadoes,
[281] which they inclined not vnto, but did order || that
Jacobus shall remaine in prison vntill he have received the
correction formerly ordered, and that then he be delivered to
his master Hans Aluers, who is to convey him out of the
jurisdicon, the goods before mentioned belonging to Jacobus,
to remaine vnder custody vntill the charg of imprisonment be
satisfied. Captaine John Youngs againe appeared to prosecute his
action against Richard Smith of Setaucutt, who being called,
answered not.
The last will & testament of Mathias Curwin, late of South-
old, deceased, was prsented, subscribed by John Vnderhill &
deposed by Barnabas Horto, at the court March 5th, 1660,
before, Will Wells, John Youngs.
The last will & testam1 of Tho. Cooper of Southold, de
ceased, was prsented, deposed by Barnabas Horfo, Charles
Glouer, Barnabas Windes senior, before WU1. Wells, John
Youngs, at a court held the 5th of March, 1660.
An inventory of the estate of Mr. Francis Newman, (the
late Honrd Gouernor of this Colony,) amounting to 430, 02,
07, was prsented, & by the widdow of the deceased attested to
be a full inventory of her late husbands estate, to the best of
her knowledg. Mr. Wakema, Deacon Miles, John Cooper,
vpon oath attested to the vallew y1 it was iust, according to
their best light, at a court held at Newhaven ye 5th of March,
1660, 1661.
An inventory of the estate of Deacon Henry Lindon late
of Newhaven, deceased, amounting to 210", 07s, 00£, was
prsented at a court at Newhaven the 7th May 1661, <fe by
y8 widdow of ye deceased vpon oath witnessed to containe y8
whole estate of her late husband, to the best of her knowledge^
Leiftenn1 John Nash, Deacon Wm Peck & James Bishopp
attested to the vallew y1 it was iust, according their best light.
An inventory of the estate of John Wakefeid late of New
Haven, deceased, amounting to 116", 03s, 01d, was prsented,
proued in court at Newhaven Decemb. 4th, 1660, & by the

1661] JURISDICTION OF NEW HAVEN. 401
widdow of the deceased then attested to containe ye whole
estate of her late husband, to ye vallew of 10s, to ye best of
her knowledg. Will Tompson & Roger Allen vpo oath wit
nessed y4 ye vallew was iust, according their best light.
An inventory of the estate of Ephraim Penington late of
Newhaven, deceased, was prsented, amounting to 112, 03, 00,
proued in court at Newhaven the 5th of Febr. 1660, & then
by the widdow of the deceased attested to containe the whole
estate of her late husband, to ye best of her knowledg. John
Cowp & Roger Allen both witnessed vpon oath y4 the vallew
was iust, according to their best light.
[282] || An inventory of the estate of Edward Camp late of
Newhaven, deceased, was prsented, proued in court at New
haven the first of November 1659, & by ye widdow of y6
deceased vpon oath attested to containe ye whole estate of her
late husband, to the best of her knowledg. Leiftenn4 John
Nash & Abraham Dowlittle attested to ye vallew, at a court
at Newhaven Decembr 4th, 1660.
An inventory of the estate of Edward & Grace Watson
late of Newhaven, deceased, amounting to 80", 03s, 08d£,
was prsented, proued in court at Newhaven March 5, 60, woh
was by Francis Browne attested to containe ye whole estate
of ye parties deceased, to the vallew of 5s, to the best of his
knowledg, (an estate formerly appointed to Mary Walker in
ye house & land of her father (vnder some questio) excepted.)
Francis Browne & James Bishopp attested y4 the apprisem1
was iust, according their best light.
An inventory of the estate of John Ouerin late of New
Haven, deceased, amounting to A , at a court at New Haven
was presented, attested by Jeremiah Osburne to containe the
whole estate of the deceased, to the best of his knowledg.
Willm Russell attested that ye vallew was iust, according to
their best light.
A writeing was prsented by widdow Pigge, as the will of
Robert Pigg her late husband, & by her vpon oath attested to
be his last will & testam1 to the best of her knowledg, but being
neither sealed nor subscribed by the testator, nor any other as
51

402 RECORDS OF THE [1661
witnesses, could not be legally proved, but vpo testimony given
in at a court at Newhaven Febr. 5. 1660, it was ordered that
the estate shall be disposed off as in the writeing is specified,
& accordingly vnto the widdow of the deceased was granted
power of administracon. Also an inventory of the estate of
Robt. Pigg, amounting to 176", 12s, 5d, was prsented, w°h by
the widdow of the deceased attested to containe the whole
estate of her late husband, to the vallew of 10s, (a peice of
serge intended for a coat for herself excepted,) to the best of
her knowledg. That ye vallew was iust was attested by
Francis Browne & James Bishopp.

[283] At a Court of Election held at Newhauen for
the Jurisdiction, the 29th of May, 1661.
Mr. Will Leete was chosen Gouernor.
Mr. Mathew Gilbert was chosen Deputy Gouerno1.
Mr. Benjamine Fenn was chosen Magistrate.
Mr. Robert Treat was chosen Magistrate.
Mr. Jasper Crane was chosen Magistrate.
Who all tooke the oath proper to their place, but Mr. Fenn
with this explanation, (before the oath was administred,)
that he would take the oath to act in his place, according to
the lawes of this Jurisdiction, but in case any business from
without should prsent, he conceived that he should give no
offence if he did not attend to it, who desired that it might
be so vnderstood.
Mr. John Wakeman & Wilim Gibbard were also chosen
Magistrates, but neither of them tooke the oath.*
The Gouernor & Mr. Fenn were chosen Comissioners.
Mr. Treat the third in the choyce, to supplie, if God by his
prouidence should hinder either of the other.
* They had both repeatedly declined being considered candidates when nominated
by the town.— N. H. Town Rec. ii. 337, 340. Through apprehension of a change of
government, and of dangers which began seriously to threaten the colony from all
sides, there appears to have been great reluctance to accept office this year.

1661] jurisdiction of new haven. 403
Roger Allen was chosen Treasurer.
James Bishopp was chosen Secretary.
Tho: Kimberly was chosen Marshall.
All for the yeare ensuing.
[This is the last entry made by William Gibbard, and what follows is in the hand
writing of James Bishop.]

At a Generall Court held att Newhauen for the Juris
diction, the 29th of May, 1661.
The Deputies presented there certificates which were ap-
prooued, all for the yeare ensueinge except New Hauen, which
were only for the present sitting this court.
There was prsent,
Deputies.
The Gouernr, Leiftenn1 Nash, ) XT „
John Cooper, ' J New Hauen.
Deputy Gouernr, John Fletcher, ) ,,.,,, -,
Thomas Welch, \ Mlltord-
Mr. Fenne, ) Mr. Robert Kitchell, ) n ¦¦.» ,
Mr. Treat, J Magistrates. John Fowler, { uulitora-
Mr. Crane, ) Richard L ) 0. , ,
Francis Bell, j Stamf°rd-
Barnabas Horton, ) a ,, , ,
Will Purrier, J Southold.
Leiftenn1 Swaine, ) ¦& ~ ,
Lawrence Ward, J Branford-
A writing of John Benhams, which he brought from Guil
ford, was presented and reade to the court, with a petition of
his owne by way of acknowledgment of his euill and desireing
(forgivenes) of the court, being his first offence, hopeing it
should be a warninge to him euer after. The court was will
ing to accept his acknowledgement, prouided that they heard
not further against him. Vpon this, the court saw cause to
declare as followeth, viz,
That whereas we haue bene occasioned (vpon some reports
of grieuance from sundry non-freemen, that just priuilidges

404 RECORDS OF THE [1661
and liberties are denied them, which they apprehend is allow
ed them by our first fundamentall law,) to take the matter
[284] into consideratio, || and vpon a serious review of things
of this nature, and of our law, wee doe see cause to declare
vnto all godly and peaceable inhabitants in this colony, that
we are greiued to heare of some Vncomfortable maner of
acting by such vnsatisfied persons, in a seeming factious, if
not seditious, manner, which we wish that all, (whoe would
not be looked vpon as disturbers of our peace, and troublers
of our Israeli,) to be warned from after appearings in such
wise, and wee hope they shall haue noe cause to complaine of
any injury by our witholding of just rights, priuilidges or
liberties, from any to whom they belong, soe as to hurt the
promotion of our cheife ends and interests, professed and
pretended by all at our comeing, combineing and setling in
New England, as by the Articles of Confederation & otherwise
may be made to appeare, which must ingage vs to seeke,
secure & advance the same by law, and from which we canot
be perswaded to diuert, soe as to comitt our more weighty
ciuill or military trusts into the hands of either a crafty Achit-
ophell, or a bloody Joab, as some abusiue medlers doe seeme
to hint vnto vs, in a paper we met withall, though such should
seeme to be better accomplished wlh either naturall or ac^
quired abilities aboue those that are as well lawfull as intitled
freemen, whose earnest desire is, that all planters would make
it their serious endeauour to come in by the doore to enjoy all
privilidges & beare all burdens equall wtb themselues, accord
ing to our foundation setlements & vniuersally professed ends,
and y1 there may be noe disorderly or vncomely attempts to
climbe vp another way, or to discourage the hearts or weaken
ye hands of such as yet beare the burden of the day in pub
lique trusts, which wilbe aflicting and hurtfull to the ends
aforesayd. The Court taking (the law about distribution of ye estates
of those that dy intestate and leaue more children then one,)
into consideration, because sometimes there is left a weake
widdow, and sometimes a company of weake & small chil
dren, & soe thereby many difficulties doe attend, the court

1661] JURISDICTION OF NEW HAVEN. 405
therefore did order, that as it is in ye printed law, where
there is a widdow & but one child, that one third part of the
estate is left to ye discretion of ye court to dispose of, by
diuiding it betwixt ye widdow & child, soe now in this case,
betwixt the widdow & children, as they shall see cause, onely
reseruing liberty of appeales, according to the printed law.
The Court considering of an order formerly made for the
recording of ye jurisdiction accounts in a booke for y1 pur
pose, did now order that this should yearely be done, in such
forme & latitude as the deputies of ye generall court that
yeare shall accept of, and the sume of ye accounts, what is
left in credit or debt vpon the ballance, and in whose hands it
is, and in what, with a record of the jurisdiction, what it is
and where it is.
It was now ordered y1 all sheepe of a yeare old or aboue,
be rated but at ten shillings apeice, till further order be giuen.
Concerning ye custome for wine & strong liquors, the dep
uties for Milford was desired to let it out to Ensigne Bryan for
the yeare ensueing, for 13" in currant country pay and 3" in
siluer, if they could get it, but if not, it was to be gathered
vp by the persons that formerly did it in every plantation, for
the benefitt of the jurisdiction.
It was alsoe ordered that fifty pound be payd to y° gouernr,
and fifteene pound to the deputy gouernr for y8 yeare ensue-
inge. [285] || Mr. John Wakeman propounded to the court con
cerning the late gouernrs sallary, (he being deceased,) how
much they would allow of it to be payd, and it was vnani-
mously concluded to allow halfe the yeares sallary, and alsoe
that ye charges of his funerall bee borne by y8 jurisdiction, as
Gouernr Eatons was.
Richard Lawes and Francis Bell was chosen deputies for
Stamford, to keepe court quarterly, except vpon extraordinary
occasion, to try any case not exceeding the value of 12", & to
lay a fine not aboue 40 shillings, taking in with them some
others as deputies with the consent of y8 freemen, & both
these tooke oath for the faithfuU discharge of their trust
cpmitted to them, according to the best of there ability, for

406 RECORDS OF THE [1661
the preseruing of the peace of ye jurisdiction, & for adminis-
tring of justice in cases presented.
The Court tooke seriously y8 case of Southold into debate,'&
considering that y8 election for magistrates for them did not
hold, they thought something was very necessary to be done
for them, and at last issued & concluded by a full vote, that
seeing Mr. Wm Wells and Cap1. John Young was sent in nom
ination for magistrates by the major vote of there freemen, the
court therefore thought they judged them fittest for cheife
office among them, but the court propounding y8 same to them,
found them very vnwilling to accept of any further trust, yet
notwithstanding, after much debate, the importunity of ye
court, together wth the necessity of vpholding some power for
y8 good of Southold, was considered by them, they submitted
themselues to y8 courts desire, & therevpon the court did
impower these two as comissioners, with three other which the
freemen should choose & appoint, to keepe court for the yeare
ensueinge, once a quarter or oftener vpon extraordinary occa
sions, to try any case not exceeding twelue pounds, & to lay a
fine not exceeding 40 shillings ; but the power of calling and
regulating these courts to be in the hands of these two, or one
of them if the other be absent, & then to call in another with
the consent of the freemen, to supply his absence, but if both
these be absent, there shalbe noe such power to keepe any
such courts. Mr. Wm Wells now tooke oath, & had power to
administer the oath to y8 rest, and likewise they was hereby
jnvested with all such other office power as hath bene at any
time heretofore giuen to Southold deputies in euery respect.
Some queries put by some of Southold to court.
First, concerning Thomas Moore, whoe haueing bene bound
ouer by y8 marshall to appeare at ye court at Newhauen, which
he hath refused. The court answered & agreed y1 the afore-
sayd Thomas Moore should be bound ouer in a band of 100"
to appeare at New Hauen, at the court of magistrates in Octob.
next, to answer his contempt, if full proofe of his satisfaction
be not before giuen to y8 court.
2 que :, was concerning such y1 refuse to bring in an account
of there estates according to order. The court declared y1 a

1661] JURISDICTION OF NEW HAVEN. 407
due estimate of there estate be taken by some intrusted for y1
purpose, as neare as may be, & given in, & they bound ouer to
answer for their contempt at y8 court of Magistrates at New
Hauen. 3 q:, propounded concerning a drunier, whether they might
not choose such a one as was not a freeman, & chose by the
generall vote of ye company. The court answered because of
there present necessity & his fitnes, they allowed John Paine
to be drumer whom they nominated.
The Court alsoe haueing sundry complaints brought to them
about ye military affaires of Southold, & there armes & amuni
tion being defectiue sundry wayes, did giue them to vnderstand
that they tooke notice of them, & did giue serious aduise that
there be an effectuall amendment of these things, that there
[286] may be due incouragement || giuen to those that are in
cheife military trust among them, else if this court shall heare
further complaints, they shall sharply witnes against them.
Leiftenn1 Charls Glouer is allowed by this court to be
leiftenn1 for Southold military company, as chosen by ye free
men thereof.
There was sundry propositions presented by Mr. Pecke,
schoolemaster, to this court, as followeth ;
First, that the master shalbe assisted with ye power & coun
sell of any of the honoured magistrates or reuerend elders, as
he finds need or y8 case may require. 2. That Rectoes Scholse
be now appointed & established. 3. What is y1 the jurisdic
tion expects from y8 master, whether any thing besides instruc
tion in the languiges and oratory. 4. That two indifferent
men be appointed to proue & send to ye master such schollars
as be fitted for his tuition. 5. That two men be appointed to
take care of the schoole, to repaire & suply necessaries as ye
case may require. 6. Whether the master shall haue liberty
to be at neighbours meetings once euery weeke. 7. Whether
it may not be permitted that y8 schoole may begin but at eight
of y8 clocke all ye winter halfe yeare. 8. That y8 master shall
haue liberty to vse any bookes that doe or shall belong to ye
schoole. 9. That y8 master shall haue liberty to receiue into
and instruct in y8 schoole schollars sent from other places out
of this jurisdiction, and y1 he shall receiue the benefit of them,
ouer & aboue what y8 jurisdiction doth pay him. 10. That
the master may haue a settled habitation, not at his owne

408 RECORDS OF THE [1661
charge. 11. That he shall haue a weekes vacation in y°
yeare to improoue as the case may require. 12. That his per
son and estate shalbe rate free in euery plantation of this
jurisdiction. 13. That halfe the yeares payment shall be
made to, and accounts cleared with ye master within the com
passe of euery halfe yeare. 14. That 40", alias fourty pounds,
per annum, be payd to the schoolemaster by the jurisdiction
treasurer, and that 10"-, alias ten pounds, per annum be payed
to him by New Hauen treasurer. 15. That y8 major part of
the foresayd payments shall be made to y8 schoole master in
these particulars as followeth, viz:, 30 bush: of wheate, 2 bar-
rills of porke & 2 Darrills of beefe, 40 bush: of Indian corne,
30 bush: of pease, 2 firkins of butter, 10011 of flax, 30 bush:
of oates. Lastly, That the honoured court would be pleased
to consider of and settle these things this court time, and to
confirme y8 consequent of them, the want of which things,
especially some of them, doth hold the master vnder discour
agement and vnsettlement ; yet these things being sutably
considered & confirmed, if it please the honoured court further
to improue him who at present is schoole master, although
vnworthy of any such respect, and weake for such a worke,
yet his reall intention is to giue vp himselfe to the worke of a
grafher schoole, as it shaU please God to giue opportunity &
assistance. The Court considering of these things, did graunt as follow
eth, viz, to y8 second, they did desire & appoint Mr. John
Davenport, senr, Mr. Streete & Mr. Pearson to take y1 care &
trust vpon them ; to the third, they declared that besides y1
which he exprest, they expected he should teach them to write
soe far as was necessary to his worke; to the fourth, they
declared that they left it to those before mentioned ; to the
eight, they declared that he should haue the vse of those
bookes, prouided a list of them be taken; and the nineth they
left to y8 comittee for y8 schoole ; and the rest they graunted
in generall, except the porke & butter, & for that, they did
order that he should haue one barrill of porke & one firkin of
butter prouided by the jurisdiction treasurer, though it be
with some losse to the jurisdiction, & that he should haue
wheate for yB other barrill of porke. This being done, Mr.
Pecke seemed to be very well satisfied.
There was something propounded about the engrauing of
Gouernr Eatons tombe, which was agreed to be left to ye

1661]

JURISDICTION OF NEW HAVEN. 409

Gouernr, Deputy Gouernr and New Hauen court, with the
aduise of the elders of New Hauen.
It was alsoe ordered that a comittee be chosen by this court
for the treating with & issueing of any seeming differance
betwixt Conecticot Colony and this, in reference to the
diuiding bounds betwixt them, and of some seeming right to
this jurisdiction, which they pretend in a letter sent to this
Gen" Court,* which being read, the court considering, did
[287] nominate & conclude of the Gouernr, Deputy Gouern1' ||
and all the magistrates, with Mr. John Davenporte sen1', George
* At a General Court for the town of New Haven, April 23d, 1660, " The gouernor
desired that the bounds of a pcell of land towards Connecticote might be sett out, fra
me pniention of future differences that might otherwise arise betwixt vs, wch motion
was approued, and thereupon it was ordered y' Mr. Yale, Wm Andrewes, John Cowper,
John Brackitt, Nathaniel Merriman, wth the help of Mantowees, an Indian, y late
pprietor, shall set out the bounds wlh lasting markes, wdl is to be done wlh the first
convenyence." — N. H. Town Rec. ii. 316.
The setting of these bounds occasioned the following letter, which, in the hand
writing of Daniel Clarke, Secretary, is found among the State Records at Hartford.
Foreign Correspondence, ii. Doc. 4.
Honord Gent : This Court haueing receaued information, not only by what appeares
in one of yor Lawes respect : the purchase of land from ye Indians, wherin there is a
seeminge challeng of very large intrests of lands, and likewise by what intelligence
we haue had of yor streehting yor bounds vp towards vs, by markeing trees on this
side Pilgroomes Harbour, wch things, as ye intrench vpon or intrest, soe they are not
satisfying or contentful, nor doe we apprhend it a course furthering or strengthining
yl freindly correspondency that we desire, and ought to be ppetuated twixt neigh
bours and cohfoederates ; espetially in that we conceaue you cannot be ignorant of our
real and true right to those parts of y8 countrey where you are seated, both by con
quest, purchase and possession ; and tho : hitherto we haue bin silent, and altogether
forborne to make any absolute challenge to or owne, as before, yet now we see a
necessitie at least to reuiue ye memoriall of or rite and intrest, and therfore doe desire
that there may [be] a cessation of further proceed, in this nature, vntil, vpon mature
consideration, there may be a determinate settlement and mutuall concurrence twixt
yorselues and this collonie, in reference to y deviding bounds twixt the two colonies.
It is further desired and request11 by vs, that if there [bej any thing extant on record
w'h you yl may further ye [de]ciding this matter, that it may be produced, and
that there may be a time and place appointed, where some deputed for yt end, fur
nished w'h ful power, may meet, y' [so a] loving issue may be effects to prevent
furthfer tro]ubles. And in case there be noe record of grant or
allowance from this collony, respecting' the surrend', not only of lands possessed by
you and improued, but alsoe such lands as it seemes to vs that you, vndr some p'tended
or assumed right, haue induced by yor bounds w'hin yor liberties, that you would be
pleased to consid' on some speedy course, wherby a compliance and condescendency
to what is necessary and convenient for yor future comforte may be obtained from
vs, the true proprietors of these parts of countrey. We desire yor returne" to
or Gen11 Court, in reference to oc proposit's, with what convenient speed may be, y1 soe
what is desired by vs in point of mutuall and neighbourly correspondenc, according
to ye rules of justice and rightiousnes, may be stil maintained and continued.

410 RECORDS OF THE [1661
Hubbard and Leiutenn1 John Nash, as a comittee for this
busines, whom they impowered to giue an answer to theire
letter, & to treate with & conclude of, soe farre as they should
see cause, with any whom they should appoint for this
busines; and there was an answer drawne vp & sent, signifie-
ing soe much to them.
Mr. Robert Treate was allowed captaine for Milford by this
Gen" Court, as desired & chosen by the freemen thereof.
There was certificates presented from the seuerall planta
tions concerning] view of armes, according to order, & the
sufficiencie of there armes and amunition & towne stocke,
which seemes to be in a competent measure sufficient, except
Southold, which was witnessed against.
It was ordered that a rate of 150" shalbe leuied vpon the
seuerall plantations & pprietours of Pagausett, according to
there proportions, to be payed at such times, & in such pay, &
at such prizes as was ordered the last yeare, which is thus
pportioned. New Haven, 051 05 03
Milford, 033 01 02
Guilford, 021 06 03
Stamford, 020 06 00
Southold, 012 17 10
Brandford, 009 17 04
Paugausett, 001 06 02

150 00 00

The remainder of y« Court of Magistrates which began
May 27th, 1661.
There was present, ye Gouernr, Deputy Gouernr, Mr. Fene,
Mr. Treate, & Mr. Crane.
Will Pepper was called before ye court & examined of sun
dry gross facts of theft, & for breaking prison, he haueing sun
dry things found in his hands, both att Guilford & at Sea-
brooke, where he was last taken, as siluer & wampom, tobacco,
holland, apparell, a pistol, shooes & deare skins, &c.
It being asked him where he had these things, there was

1661] JURISDICTION OF NEW HAVEN. 411
6", 8s, 9d in siluer he confest he tooke out of Mr. Rother-
fords vessell in Newhauen harbour, except one shilling, & the
wampon he sayd he had some of it at Conecticut & some at
Boaston, & the tobacco he sayd he bought of John Story of
Flushin, & 18 yards J of holland he sayd he tooke out of Mr.
Wethrills vessell, & the pistoll out of goodm Clarkes shop at
Guilford, & some shooes he sayd of Peter Desbrow at Greene-
wich, & the deare skins & one pound of powder from Humphry
Spinninge, & sundry other things he had, which he sayd he
had some in one place & some in another, but was found very
false in sundry things, that at last" the gouern1 told him y1 he
was a notorious theife, & had gone on in a way of theft long,
& that after he was prisoner at New Haven he broke prison &
got off his locke & the same night went aboard Mr. Rother-
fords vessell & tooke y1 siluer that was in a closse place &
seuerall other things, & whereuer he came he did mischeife,
euen to those that shewed him kindnes, & after he was last
taken at Seabrook hee wounded the mans seruant where he
was taken ; for these things &c, it was told him he was not fit
to Hue in any place with any godly people, & that he was neare
the gallowes as an incorrigible person.
The Court therefore considering his seuerall euills & wrongs
done to sundry, as apeared by his owne confession & proofe,
and his mischeife done at Seabrooke, did by way of sentence
declare, that those persons they had knowledge of from whom
he had stole should haue there owne goods againe towards
there satisfaction, and that he be seuerely whipt, for a warning
both to himselfe & others of falling into such like courses, & for
other charges which are or may come, that he be sold for a
fine of ten pounds to be payed to the jurisdiction, & that he
be kept in prison till he be thus disposed of.
Richard Baldwin of Milford & John Cooper of Newhauen,
plaint', in the behalfe of Mr. James Mills, entred an action of
ye case against Leiftenn1 Charls Glouer of Southold defend
ant, for vnjust molestation & false imprisonment of Mr. James
Mills, to his damage & discredit.
The Gouernr demanded of ye pi:, how was his false impris
onment. They answered, for sueing the band which Charls

412 RECORDS OF THE [1661
[288] Glouer had noe cause. It was demaunded || of ye pi:
concerning there lettr of atturnie, which being deliuered to y8
court was accepted. The gouernr asked them to what damage
they extended there action ; plaint' answered, besides his foure
teene dayes imprisonment or vnder custody, his men was much
hindered thereby. The gor told them, if he got bayle hee
needed not. Defendt desired them to prooue there vnjust
molestation ; plaint' left it to the court, & the gor answered y1
they see noe cause there should haue bene such pceeding
against Mr. Mills by Charls Glouer. Plaint' pleaded damage,
being a marchant, & that it was much indignity to such a one
to be vnder an arrest, & left it to y8 courts consideration;
defend't answered, he had his liberty to goe about his worke,
& testified by the marshall of Southold that he might haue had
his liberty if he would haue giuen in security, & that he did
goe to Northampton in this time ; the plaint' answered, but
he was vnder an arrest & at there comand for y8 time.
The Court considering the case as an vnjust molestation, &
soe a damage in reference to his credit thereby being vnder an
arrest, did by way of sentence declare, that L: Charls Glouer
doe pay to Mr. James Mills fifty shillings, alsoe the charges of
y8 action.Cap1. Nathaniell Siluester being bound ouer to this court to
make his appearance, was called three times by y8 marshall,
but answered not nor appeared.
Cap1. John Young, plaintiffe, entred an action of slaunder
against John Bud senr, defend1, both of Southold, & there
vpon the plaint' jnformed y1 John Bud senr came into court at
Southold & sayd we was very strict against Quakers, but we
could suffer whoring & drinking, or drunkennes.
Defend't desired him to prooue it, vpon which Mr. Wm
Wells sayd, it was to all the court, therefore euery one tooke
it particularly to himselfe.
The plaint' alsoe informed against ye defend1 that he had
seuerall times charged him with lieing when he was told he
tended to disturbe the peace.
Defend1 answered to y first charge, Sir, I haue acknowl
edged them to be hasty words, & that yB words were whoring,

1661] JURISDICTION OF NEW HAVEN. 413
tipling, & wanton es, & for y8 second charge he sayd he was
brought into y8 church about it & gaue satisfaction to those
that was there, & that for three quarters of a yeare after this
he had comunion w4h them at the Lords table. Mr. Wells
informed that they vsed meanes to reclaime him in another
way by his sone to pswade him to come & make his acknowl
edgement of his euill. Defend1 replied, You dealt with mee
as a rogue, binding me ouer to appeare in a bond of 100", but
afterwards the defend1 acknowledged the words charged was
spoken by him, & that they was euill words & such as passed
from him in his hast & distemper, & therefore sayd he had
acknowledged that he had cast a reproach vpon them, because
he had not brought any thing legally against any of them,
therefore acknowledged that he had slaundered them all &
confest his euill therein. Mr. Wells seeing John Bud some
thing pliable, & not willing to bring further trouble on him as
he exprest, ppounded to him that in one of his writings he had
sayd y1 he was a wretched man & had undone him in body or
soule, or both. There was much sayd to John Bud by the
court to conuince him of his euill. Mr. Wells sayd this was
spoken at court & not priuately. Defend1 answered, as the
Lord sets it vpon my heart, I shall acknowledge it. Mr.
Treate counselled him to petition to his impleaders for mercy
in a free acknowledging of his euill. L: Charls Glouer desired
to ppound two things to John Bud, expressing that it was not
his mony y1 they desired ; & y8 first was y1 John Bud come
ing into ye court sayd that he had taken away his place from
him; ¦&, secondly, that he went about to take away his head.
John Bud answered he knew noe such thing, but it was
prooued by the marshall of Southold, then afterwards John
Bud owned his first speech as an euill speech, & y1 L: Glouer
neuer sought his place nor was capable of it; then Mr. Treate
aduised John Bud to giue all incouragement to y8 souldjers to
attend to their present officer ; then John Bud acknowledged
the euill of the second speech & sayd he was sorry for it.
After this (was read to the court) an oath of L: Charls Glouer
concerning some speeches of John Bud senr in the behalfe of
the Quakers, which is as followeth,

414 RECORDS OF THE [1661
The deposition of L: Charls Glouer.
This deponent sayth y1 being occasionally at ye house of
Leiftenn1 John Buds, & there haueing some discourse vpon
some points of religion, & that the Quakers came in amongst
other sectes that are now- abroach in the world, of which this
[289] abouesayd John Bud did soe highly comend of as || say
ing that they were the honestest and most godly people that
were now in the world, and did vse many expressions by way of
great dislike of the pceedings of all the gouernments in this
country against them, and that they would one day haue
cause to repent thereof, and further did aske me this deponent,
why they might not haue there liberty here as well as in other
countries, saying they were not the like abused noe where,
where they came, as they were here, vnto which my answer
was to him that you doe much mistake yourselfe, and I am
sorry to heare what you say, vnto which with many other
words of reply, sayd they were such a people that he could
wish he was worthy to lay downe his life for them, and would
if he were calld to it, and though much more might be sayd,
yet further this deponent sayth not.
Taken vpon oath in open court att Southold ye 20th of
July, 1660.
Clause, a Dutchman, owned he was present in the sayd
John Buds house when the discourse abouesayd was vented
by him, & sayd he vnderstood the cheife part thereof, but not
vnderstanding fully, his oath was spared, this testified Mr.
Wm Wells.
Now vpon this, John Bud charged L. Cha: Glouer to be
a false fellow for taking an oath against him, which much
vnsatisfied L. Cha: Glouer.
The Gouernor told John Bud that he judges all the governe-
ments for ye sake of the Quakers & that he was a Quaker in
heart and affection, and among ye generation spoken of in
Jude, that speake euill of dignities, & that the plaint' would
prooue against him to fauour the Quakers. Cap4 Jo: Young
sayd it would be prooued that y° Quakers preached in his
house, both men and women. John Bud sayd it was without
his consent. The gouernr asked him if he acknowledged
his euill about the Quakers. Jo: Young sayd he heard him
comend them. Jo: Bud sayd they held forth Christ in there
^speeches ; that in apeared by these things (it was told him)

i661] JURISDICTION OF NEW HAVEN. 415
he carried too friendly to the Quakers. John Bud now
acknowledged his speech that he spake against L: Glouer for
taking an oath against him, to be very euill, and that he had
noe ground to speake soe of him.
The Court considering the case betweene Cap4 John Young
and John Bud senr, the charges being acknowledged by the
defend4 & sundry other euills discouered by him in court, did.
by way of sentence declare, that John Buds carriage in these
things hath bene very bad, and in reference to the action, the
court declared that he had greatly slaundered Capt Young,
& to such a degree, if only in reference to his name, had not
he shewed his moderation to the court, they could not but
haue more severely witnessed against it, but because also of
his acknowledgment of his euill, they did adjudge him to pay
to ye plaint' but ten pounds and the charges of the action ;
and for his other miscarriages, in his troublesome carriage att
Southold, & soe much testified here, & in his speeches about
the Quakers, wherein its to be feared he hath cast an asper
sion on the governments, they did sentence him to pay five
pounds as a fine to the jurisdiction, and left a serious warn
ing with him that he be not found in any such wayes againe,
telling him if he was, it would be much heauier vpon him
then at this time ; and for the busines about Mr. Wells, they
left it with him seriously to consider of and make vp with him.
John Bud answered that as things was presented, he saw
not how the court could doe lesse.
John Herdman (haueing presented a petition to the court
for an abatement of a former fine layed vpon him) appeared,
but the court told him they could not see at present how to
abate it without too slender passing by of wickednes, except
they could see there was a reall change in him. John Cooper
and Ensig' Bryan testified something of his better behauiour
as they had heard, and Mr. Osborne. Now the court vpon
these testimonies considered to forbeare the fine till further
testimony. Edward Parker desired it might be tooke notice of in the
court that whereas it was reported .that he had told John
Palmer that he saw the gentlemen here three dayes before ye

416 RECORDS OF THE [1661
messengers came, Mr. Crane and goodm Tod testified that
they heard John Palmer say that he neuer heard Edward
Parker say any such thing.
L: Jn° Nash was appointed a trustee (for ye credito" to
Mr. Goodyeares estate,) in the stead of Mr. Jn° Wakeman,
he being to remoue & desireing it.
. [290] || Mr. Osborne, clearke of the jron workes, was licensed
to draw wine and strong liquors for the workemen by this
court till they see cause to repeale it.
It was agreed that Mr. John Davenport junr should haue
ten shillings allowed him by the defend't for charges about
the horse tried in the begining of this court, except he see
cause to remitt it.
Mr. Goodenhouse ppounded that the attachment graunted
him by the court of magistrates Decemb. ll4'1, 1660, on Mr.
Euance his house & accomodations, might extend, as to the
principle, soe to the rent and pduce of it.
Wm Andewes senr desired to joine w4h him in this attach
ment (in the behalfe of his sonne Wm, which was seruant in
the ship,) to the valew of 30" as he sayth.
John Cooper informed that there was 30lb out of this house
ingaged to Mr. Hodshon in the behalfe of Mr. Stendam, but
that was referred to the records.
Concerning Mr. Goodenhouse it was declared as followeth,
viz, whereas the estate of Mr. John Euance hath bene layd
vnder an attachment by Mr. Goodenhouse, that is, his houses
accomodations and all appurtenances therein, at the suite of
Mr. Goodenhouse, vpon an account of a ship called the Susan
in partnership & gargo & for factorige and wages, now for
this he appear'd & pduced these testimonies to make proofe
of the proportion of his interests to a quarter & 24th part in
the sayd ship and gargo, together with an account for factorige
and wages both for himselfe and his sonne vnder Mr. Euance
his hand, and pleaded that Mr. Euance had receiued 1500'h
sterling for composition from the. Portugall embassadour, all
which parts of ship and gargo, factorige and wages, doe
amount to 329'°, 5s, as he saith, but noe sufficient proofe yet
appearing to the courts satisfaction, of Mr. Euance his soe

1661] JURISDICTION OF NEW HAVEN. 417 #
receiuing, the court therefore saw cause to referre the matter
to a further clearing. The testimonies was these,
Ensigne Bryan saith he apprehended by Mr. Euance speak
ing of the losse of the vessell betweene them, that Mr. Gooden
house he had the greatest losse, but what part or share he
had in the ship I know not.
Taken vpon oath in court at New Hauen, June lrsl '61.
Soe attests Willm Leete, Gouernr.
June lrsl, 1661, at Newhauen.
Philip Leeke, aged about fifty yeares, testifies vpon oath
the day and yeare abouewritten, before me Rob4 Treate at
New Hauen, as followeth, that I haue heard Mr. John Euance,
marchant, late of Newhauen, say that he had sold to Mr.
Samuell Vangoodenhouse of Newhauen aforesayd, one quar
ter part of the ship Shusan ; and moreouer, I haue heard the
sayd Mr. John Euance, march4, say that he was a great deale
in the sayd Mr. Vangoodenhouse debt, after that he had soe
bought the part of the sayd ship, and to my best remem
brance, I the sayd deponent haue also heard Mr. Euance say
that he sold that part of the sayd ship for threescore pounds
to Mp. Vangoodenhouse, & further not. Robert Treate.
Mrs. Goodyeare testifieth that shee knowes that Mr. Samuell
Vangoodenhouse had a part in the ship called the Susan be
fore he bought the 24th part of Mr. Goodyeare, which alsoe
shee testifies that he did buy of him, and was hers before shee
married Mr. Goodyeare, and further she sayth not.
Margret Goodyeare.
Taken vpon oath this 3d of June 1661, before me,
Willm Leete, Gouernr.
[291] || A bill of debt from Isaacke AUerton senr vnto Ed
ward Batter of Salem, with a letter of atturnie given by the
aforesayd Edward Batter to Richard Raymond for the recou-
ering the sayd debt, which being attested was by this court
accepted to come in with other debts vpon Isaacke AUerton
senr his estate.
An jnventory of the estate of WiUm Chittenden of Guil
ford, deceased, was presented, amounting to 677", 16s, 07d, as
presented & prooued in court at Guilford the ,21th of Febru
ary 1660, vpon oath by Joane Chittenden, the widdow & relict
of the sayd Willm Chittenden deceased, for the quantity, and
53

418

[records of the

[1661

by the testimony of Abraham Crittenden senr, John Fowler
& Willm Stone apprisors, for the valuation to be just.
Willm Leete, Gouernr.
An jnventory of the estate of Thomas Vffit senir deceased,
was presented, soe much of it as remained within the bounds
of Milford and Stratford, amounting to 289", 12s, 07d, pre
sented in court at Milford, the 6th of Decern: 1660, and attested
vpon oath by Thomas Vffit junr & John Vffitt, that this is a true
jnventory of the wholle estate of Thomas Vffit, deceased, within
those limits aforesayd, to the best of their knowledge, & that
the valuation is just, testified by Alexander Bryan & Thomas
Wheeler, to the best of there light to that part of the estate
about Milford, & testified by John Herd and Henry Wakeling
of Stratford that the valuation of that part of the estate
about Stratford was just, to the best of there light ; this was
approoued alsoe in court at Milford, as before, testified by,
George Clarke, Secre:

[292] Att a Generall Court held att New Hauen foe
the Jurisdiction, August lrs4 1661.
Present,

The Gouernr,
Deputy Gouernr,
Mr. Ben: Fenne, \
Mr. Rob4 Treate, > Magistrates.
Mr. Jasper Crane, )

Deputies.
John Cooper,
James Bishop.
John Fletcher,
Thomas Welch.
Mr. Rob4 Kitchill,
George Hubbard.
Richard Law.
Leiftenn4 Swaine,
Laurence Ward.
The Gouernr informed the court of the occasion of calling
them together at this time, & among the rest the maine thing
insisted vpon was to consider what aplication to make to the
king in the case we now stood, being like to be rendered
worse to the king then the other colonies, they seeing it an
incumbant duty soe to doe. The gouernr informed alsoe the

1661]

JURISDICTION OF NEW HAVEN. 419

court that he had receiued a letter from the counsell in ye
Bay, which was read,* wherein was intimated of sundry com-
* Secretary Rawson to Gov ernor Leete.
Honoured Sir, The council of our jurisdiction being assembled the 4* instant at Bos
ton, ordered me to signify to you what lately they have receaved from England by
Captain Leverett his letter, bearing date 12th Aprill, 1661, who tells us that however
our addresse to his majesty came seasonably and had a gracious answer, yett many
complaints and claims are multiplied against us, and that wee are like to heare from
his majestys committee what those complaints are, and what is expected from us;
that an oath was produced against him for saying that rather then wee should or would
admitt of appeales here, wee would or should sell the country to the Spaniards ; which
though he absolutely denyed that ever he so said, and that if he should have so said
he had wronged the country very much, some of the said committee said the words if
spoken they were pardoned, but they looked at the words not so much his as the spirit
of the country, and tho' againe he desired that the country might not suffer, in theire
minds, for what he knew was so much and so farre from them, as to thinke ought in
any such respect, yet one of them proceeded to question him, whether if wee durst
wee would not cast off our allegiance and subjection to his Majesty; he answered, he
did apprehend wee were honest men and had declared in our application to his majesty
the contrary, and therefore could not have such thoughts of us without the breach of
charity ; that it is no lesse than necessary we had some able person to appeare for us,
well furnished to carry on our busines, which will not be without money; that the
councill for plantations demanded of him whether wee had proclaimed the King and
whether there was not much opposition to the agreeing of our application. He an
swered he knew not, only had heard Capt. Breaden say so, but humbly submitted to
theire consideration, that neither wee nor any other were to be concluded by debates
but by our conclusions, which were sent and presented to his Majesty in our names.
They tooke notice, from enquiry, that it was only from one colony, namely, Massa
chusetts, and have theire considerations of the other colonies neglects, to speake most
favourably thereof. Thus farr as to the letter. Further I am required to signify to
you as from them, that the non attendance with dilligence to execute the kings
majestys warrant for the apprehending of Colonel Whaley and Goffe will much hazard
the present state of these colonies and your owne particularly, if not some of your
persons, which is not a little afflictive to them. And that in theire understanding
there remaines no way to expiate the offence and preserve yourselves from the danger
and hazard but by apprehending the said persons, who as wee are informed are yett
remaining in the colony and not above a fortnight since were seen there, all which will
be against you. Sir, your owne welfare, the welfare of your neighbours, bespeake
your unwearied paines to free yourselfe and neighbours. I shall not add, having so
lately by a few lines from our governour and myselfe looking much this way com
municated our sence and thoughts of your and our troubles, and have as yett received
no return, but commend you to God and his rich grace, for your guidance and direc
tion in a matter of such moment, as his Majesty may receave full and just sattisfaction,
the mouths of all opposers stopped and the profession of the truth that is?in you and
us may not in the least suffer by your actings is the prayer of
Sir, your assured loving friend,
Boston, 4lh July, 1661. Edward Rawson, Secretary,
In the name and by order of the councill.
Sir Since what I wrote, news and certaine intelligence is come hither of the two
colonells being at New Haven from Saturday to Monday and publickly knowne, and
however it is given out that they came to surrender themselves and pretended by Mr.

420 RECORDS OF THE [1661
plaints in England made against New England, and that the
comittee in England tooke notice of the neglect of the other
colonies in there nonaplication to the king.
Now the court, taking the matter into serious consideration,
after much debate & aduise, concluded that this writing should
be sent to the counsell in the Bay, the coppie whereof is as
followeth,Honor d Gent.
Yours dated the 4th of July (61,) w4h a postcript of the
15th, we receiued July 30th, which was coihunicated to our
gen" court August lrsl, whoe considered what you please to
relate of those complaints made against New England & of
what spirit they are represented to bee of, vpon occasion of
that false reporte against Capt. Leueret, who we beleeue to
haue more wisdome & honesty then soe to reporte, and we are
assured that New England is not of that spirit. And as for
the other colonies neglect in non-aplication with yourselues to
his majesty the last yeare, it hath not bene forborne vpon any
such account, as we for our parts pfesse, and beleeue for our
neighbours, but only in such new & vnaccustomed matters
wee were in the darke to hit it in way of agreem1 as to a forme
satisfactory that might be acceptable ; but since that of your
colony hath come to our veiw, it is much to our content, and
we solemnely pfesse from our hearts to owne and say the same
to his majesty, and doe ingage to him full subjection and alle
giance with yourselues accordingly, with pfession of the same
ends in coming with like permission and combineing with
Gilbert that he looked when they would have come in and delivered up themselves,
never setting a guard about the house nor endeavouring to secure them, but when it
was too late to send to Totocut, &c. Sir, how this will be taken is not difficult to
imagine, to be sure not well ; nay, will not all men condemn you as wanting to your
selves, and that you have something to rely on, at least that you hope will answer
your ends ? I am not willing to meddle with your hopes, but if it be a duty to obey
such lawfull warrants, as I believe it is, the neglect thereof will prove uncomfortable.
Pardon me, *ir, its my desire you may regaine your peace (and if you please to give
mee notice when you will send the two colonells) tho' M'. Wood Greene is bound
hence within a month, yet if you shall give me assurance of theire coming I shall' not
only endeavour but doe hereby engage to cause his stay a fortnight, nay 3 weekes,
rather than they should not be sent, expecting your answer, remaine,
Sir, your assured loving friend and servant, Edward Rawson.
Hutch. Coll. 338.

1661] JURISDICTION OF NEW HAVEN. 421
yourselues & the other neighbour colonies, as by the preface
of our articles may appeare ; vpon which grounds we both sup
plicate and hope to find a like ptection, priuilidge, imunities
<fe fauours from his royall majestie. And as for that you note
of our not soe dilligent attendance to his majesties warrant,
wee haue giuen you an account of before, that it was not done
out of any mind to slight or disowne his majesties authourity,
&c. in the least, nor out of fauour to ye Collonells, nor did it
hinder the efect of their apprehending, they being gone before
[293] the warrant || came into our colony, as is since fully
prooued ; but only there was a gainesaying of the gent: earnest-
nes, who retarded their owne busines to waite vpon ours
wtl>out comission ; and alsoe out of scruple of conscience, &
feare of vnfaithfulnes to our people, (who comitted all our
authourity to vs vnder oath,) by owneing a generall gouernr,
vnto whom the warrant was directed, as such implicitly, and
that vpon misinformation to his majestie giuen, though other
magistrates were mentioned, yet (as some thought) it was in
or vnder him, which ouersight (if soe it shalbe apprehende)
we hope, vpon our humble acknowledgement, his majestie will
pardon, as alsoe that other and greater bewayled remissnes in
one, in not secureing them tUl we came & knew their place,
out of ouer-much beleife of their pretended reality to -resigne
vp themselues, according to their pmise to saue the country
harmelesse, which fayleing is soe much the more lamented, by
how much the more we had vsed all dilligence to presse for
such a deliuery vpon some of those that had shewed them
former kindnesse, as had bene done other where, when as none
of the magistrates could otherwise doe any thing in it, they
being altogether ignorant where they were or how to come att
them, nor truely doe they now, nor can we beleeue that they
are hid any where in this colony, since that departure or
defeatement. But howeuer the consequence proue, we must
wholly rely on the mercy of God & the king, with pmise to
doe our endeauour to regaine them if opportunity serue.
Wherefore, in this our great distresse wee earnestly desire
your ayd to present vs to his majestie in our cordiall owneing
and complieing with your addresse, as if it had bene done &
sayd by our very selues, whoe had begun to draw vp something

422 RECORDS OF THE [1661
that way, but were disheartened through sence of feeblenes &
incapacity to pcue a meete agent to present it in our disad-
uantaged state, by these puidences occurring; hopeing you
will fauour vs in this latter and better pleasing maner of doe-
ing, which wee shall take thankfully from you, and be willing
to joine in the pportionate share of charge for a comon agent
to solicite New Englands affaires in England, which wee
thinke necessary to pcue the benefit of all acts of indemnity,
grace or fauour, on all our behalfes, as well as in other respects
to preuent the mischeifes of such as maligne and seeke to mis-
informe against vs, of which sort there be many to complott
now a dayes with great sedulity. If you shall desert vs in this
afliction to present vs as before, by the transcript of this our
letter or otherwise, together with the petition and acknowledge
ment herewithall sent, we shall yet looke vp to our God, that
deliuerance may arise another way, resting.
George Hubbard and John Cooper was chosen and appointed
by the court to goe as messengers vnto the Massachusets with
this writing, to see what would be done in the case.*

[294] Att a Gen" Court held at New Hauen for the
Jurisdiction, August 21th 1661.
Present, Deputies.
The Gouernr, John Cooper,
Deputy Gouernr, James Bishop.
John Fletcher,
Mr. Ben: Fenne, ) Thomas Welch.
Mr. Rob1 Treate, \ Magistrates. Mr. Rob1 Kitchell,
Mr. Jasper Crane, ) John Fowler.
Leiftenn1 Swaine,
Laurence Ward.
The Gouernr ppounded to the court concerning pclaimeing
* Governor Leete seems about this time to have been apprehensive of personal dan
ger on account of his remissness in executing the king's warrant, and not long' after
visited Boston and conferred with Rev. John Norton, who, in his behalf, wrote, Sept.
23, 1661, to Richard Baxter, one of the king's chaplains. The letter may be seen in
the Life of Baxter, fol. Lond. 1696. p. 291. Mr. Davenport also in defence of himself
as well as of the governor and magistrates, wrote Aug. 19, 1661, to Sir Thomas Tem
ple, a letter which is in 3d Mass. Hist. Coll. viii. 327.

1661] JURISDICTION OF NEW HAVEN. 423
the King in this colony, seeing now the Bay had done it already.*
The gouernr alsoe informed them that he had receiued a letter
from Mr. Norton, wherein he intimates concerning Cap1. Leu-
erets apehensions concerning the state of New England, and
the gouernr further said he looked we had done more already,
and that this was only a formality.
The thing being debated and considered, it was voted and
concluded as an act of the gen" court that it should be done.
And for the time of doeing it, it was concluded to be done the
next morning at nine of the clocke, and the military company
was desired to come to the solemnizing of it. And the forme
of the pclamation is as followeth,
Although we haue not receiued any forme of pclamation by
order from his Majestie or Counsell of State, for the pclaiming
his Majestie in this Colony, yet the Court taking jncourage-
ment from what hath bene in the rest of the Vnited Colonies,
hath thought fitt to declare publiquely and pclaime, that we
doe acknowledge his Royall Highnes, Charls the Second, King
of England, Scotland, France and Ireland, to bee our Soue-
raigne Lord and King, and that wee doe acknowledge ourselues
the jnhabitants of this Colony to be his Majesties loyall and
faithful! subjects. God saue the King.

Att a Court of Magistrates held att New Haven Octob.
16th, 1661.
Present, the Gouernr, Deputy Gouernr, Mr. Fenn, Mr.
Treate and Mr. Crane.
SamueU Plumb of Brandford, plaint', entered an action of
the case against widdow Pennington of New Hauen, defend1.
The plaint' informed the court that the defendt had tooke
vp a heifer, (which was tooke vp att Milford before for a
stray,) and that shee had killed it contrary to order, which he
apprehended might be his, he haueing such a one of such an
age as he sayd wintered at Conecticutt, which went out from
thence and^ he could neuer heare of againe. The gouernr
* August 7th, 1661, they had however agreed upon an address to the king Decem
ber 19, 1660. Mass. Rec.

424 RECORDS OF THE [1661
asked him if he could prooue that he had such a heifer at such
a time ; plaint' answered y4 he had witnesses att home. It
was sayd Thomas Welch of Milford witnessed against widdow
[295] Penningtons carriage in this busines, || as doeing it dis
orderly, in not sueing out her right at Milford before shee killed
her. Shee answered that Mr. Gilbert bid her satisfy att Mil
ford, which shee aprhended that if shee satisfied Thomas
Welch for his charge and trouble it had bene enough, but
shee being a poore widdow, and not vnderstanding things,
desired to submitt to the will of God and the court in this
matter ; there was Richard Johnson and John Ailing appeared
to make proofe that it was her heifer. The plaint' haueing
not wittnesses here, withdrew his action tiU the court of magis
trates in May next.
Deacon Gun of Milford ppounde_d in the behalfe of Mts.
Prudden, that the liberty graunted by the court of magistrates
in May last of the review of the action about the horse till this
court, that it might be extended vnto the court of magistrates
in May next, shee being not puided of witnesses at present,
they being at a great distance. It was demaunded of him by
the court what meanes she had vsed to puide herselfe, but
Deacon Guii could not say much to it.
The Court thought it meete that Mr. John Davenporte,
junr, should haue notice of this motion,'and the marshall was
sent to know his mind, but he bemg not then at home brought
this answer afterwards as followeth, viz:, that he thought they
had had time sufficent already, and therefore were not willing
to giue any further time. But the court considering that the
law for pbable right, vpon which he had the horse, would allow
it, the court therefore thought it just that there should be
time of liberty giuen to her for a review of the action, or to
any other that shall appeare to lay a better claime to the horse
then yet hath bene, vntill the court of magistrates in May
next. Deacon George Clarke of Milford, plaint', haueing entred
an action of the case for a house and goods, to the value of
33", burnt at Milford, against John Baldwin of Milford
defendt, in May last, he, being not then prepared, wthdrew his
action by agreement vntill this court, whoe now appeared to

1661] JURISDICTION OF NEW HAVEN. 425
psecute it against the defendt, but the defendt apeared with
out his witnesses and pleaded that the plaint' was to set him
and his witnesses at this court at his owne charge & trouble as
they was then.
The Gouernr asked John Baldwin if he could proue that
agreement ; John Baldwin answered that there was something
done to that purpose by the plaint' in that he desired to sumon
him to this court, but the plaint' answered that he did it not,
and Mr. Fenn cleared it that it was Deacon Clarkes son that
came to him to desire a warrant of him for John Baldwin,
heareing that he would not apeare at this court; but after
much debate and noe such agreement prooued by the defendt,
the court saw cause to bind ouer ye defendt to answer the
plaint' and to bring his witnesses in May next at the court of
magistrates, except they did agree it betweene themselues
before, which the court rather desired.
[296] || Deacon Pecke came and ppounded to the court that
sometime since he had put in security to the deputy gouernr
for the appearance of his sonne Samuell Andrewes, he thought
the court would haue called him to answer, he knew noe rea
son why he should stand for the thing being long since he
desired the court to consider it. Mr. Treate sayd to the
gouernr that it was he that had done it and he might release
it, but nothing was done at that time. Afterwards Deacon
Pecke came and presented his son Andrewes to the court
according to his security, and desired them to free him. Mr.
Fen and Mr. Treate answered that they looked vpon him free.
The gouernr answered that he did not know but he was, and
he sayd he thought they might leaue it soe, and he sayd he
thought Deacon Peckes plea was good enough. Mr. Treate
sayd he thought he had fully discharged his duty.
The Court appointed the sixt day of Novemb next to be a
day of solem thanksgiueing through the jurisdiction for the
mercies of the yeare past.
Mary Andrewes, wife of Wm Andrewes junr, came vnto ye
court and desired to be freed from* her husband, hearing that
he was married to another woman; for proofe whereof she
presented, first a letti from Mr. Nathaniell Whitfield in Eng-
54

426 RECORDS OF THE [1661
land, and from Richard Miles junr out of Barbadoes, both
which was read, but the lettr of Rich: Miles being torne, the
court desired her to call Richard Miles, that they might heare
what he could say himselfe in the case, whoe came and
expressed what he had writt in the letf. The gouern1 asked
her if shee would try any further meanes, shee answered shee
would leaue it to the court.
Richard Miles junr was called to speake what he could say
in the case vpon oath, whoe testified as followeth, I Richard
Miles junr att New Hauen in New England, being in Barba
does in Septemb in the yeare of our Lord 1660, saw W™
Andrewes whoe belonged to a small vessell called the Charls,
the master of which his name was Rob1 Guardus, whoe
informed me that Wm Andrewes was married to one Joane
King, a Cornish woman that liued then in Kings Sale in Ire
land. I asked him the certainty of the thing, who told mee I
might very well beleeue it, for he was his neare neighbour;
wherevpon I desired to speake with Wm Andrewes, which
after some discourse I told him what the reports was that was
reported of him in New England that he was married to one
in Ireland, and that Mr. Nathaniel Whitfield had writt ouer to
New England in a lettr that he heard it was soe, vpon which I
desired Wm And -ewes to deale plain ely with mee, but he at
first denied it, ti I told him the master testified it that it was
soe and that he was his neare neighbour, and I told him that
the master told mee her name, vpon which he was much
amazed and I could scarce get a word of him, but after I
pressed it much vpon him, he owned it that he was married
to one in Ireland, and sayd that he was an vndone man.
This testimony was giuen in vpon oath before the court.
Together with this the lettr of Mr. Natha: Whitfield, which
Richard Miles speakes of, was presented and read before the
court which was as he testified, together with his long absent
ing himselfe from his wife in New England, about eight or
[297] nine yeares, || notwithstanding by Rich: Miles and sun
dry opportunities formerly he had of returning backe to her,
but he neuer attended any to this day. Thomas Kemberly
senr alsoe informed the court that his sone wrote from Vir-

1661] JURISDICTION OF NEW HAVEN. 427
ginia that he being in Bristow heard that Wm Andrewes was
married in Ireland, and that he wrote to him that his wife
Was aliue in New England.
The Court considering the case and the euidences presented,
with the long time of absence of Wm Andrewes from his wife
being fully cleared, did see noe cause to keepe Mary Andrewes
in bonds to such a man, but did by way of sentence declare
her to be diuorced from him and that shee was fully at liberty
to marry with another without offence.
John Fletcher of Milford appeared before ye court and
desired that these three oathes followeing might be ratified
before the court & confirmed by them in as full & authenticke
marler as they could, which the court graunted, & he further
desired that they might be recorded, which is as followeth,
Know all men whom it may concerne y1 I, John Fletcher,
of Milford, in ye colony of New Hauen in New England, aged
about fifty nine yeares, doe vpon my certaine knowledge testify
vpon oath, that when as I dwelt in England, neare to one
Henry Bacon & William Bacon, brother tc ye sayd Henry
Bacon, and I neuer heard or knew any more of them y1 were
their owne brethren by the fathers side, and they dwelt when
I first knew them, in Stretton, in the county of Rutland,
within ye realme of England, & afterwards: I knew Henry
Bacon when he was remoued to Clipsam in ye same countye
of Rutland aforesayd ; and I doe testifye ; r;I knew the sayd
Henry Bacon brother to the sayd Wittm ^acon had one only
sone, called Thomas Bacon, well knowne to" mee for y8 space
of six or seuen yeares, and I haue heard it" reported that he
went to Hue at ye Barbadoes & there died ; and further I the
abouesayd John Fletcher doe testify, y1 I doe well know y1 ye
abouesayd WiUm Bacon, brother to y8 sayd Henry Bacon, had
a sone called Nathaniell Bacon, whoe was his eldest sone,
whoe now liueth in New England and was prsent at my testi-
fieing hereof, and further sayth not. Witnes, John Fletcher.
Know all men whom it may concerne y4 I, Mary Fletcher,
of Milford, in ye colony of New Hauen in Newengland, aged
about fifty foure yeares, doe vpon my certaine knowledge tes
tify vpon oath, y4 when I was in England, dwelling at Stret
ton in ye county of Rutland where one Henry Bacon & WiUm
Bacon, brother to ye sayd Henry Bacon, dwelt, and I knew
nor heard of any other but these two brothers by the fathers

428 RECORDS OF THE - [1661
side, and I liued at the sayd Stretton for the space of ten
yeares, in which time the sayd Henry Bacon remoued his
dwelling to Clipsam in ye county of Rutland aforesayd within
ye realme of England ; and I doe further testify that the sayd
Henry Bacon had one only sofie named Thomas Bacon, which
I knew from a child, and I heard y4 he went to the Barbadoes
and died there, and I, the sayd Mary Fletcher, doe further
testify y4 I well knew WiUm Bacon, brother to Henry Bacon
aforesayd, whose eldest sonne Nathaniell Bacon I well knew
from a child, whoe is now liueing in New England and present
at my testifieing hereof, and further not.
Witnes the marke of Mary Fletcher.
Know all men whom it may concerne, y1 I, John Ward, of
Brandford in ye colony of Newhauen in New England, and
aged about thirty six yeares, doe declare & vpon my knowledge
[298] testify || on oath, that I well knew for y8 space of six
or seuen yeares one Henry Bacon, of Clipsam in ye county of
Rutland, within ye realme of England, & one WiUm Bacon,
brother to ye sayd Henry Bacon in the same county of Rut
land abouesayd, and I neuer knew or heard of any brother or
brethren more y1 they had by ye fathers side ; and I doe further
testify y4 I well knew Thomas Bacon, sonne of Henry Bacon
& nephew to the sayd Willm Bacon, and I neuer knew or
heard y1 the sayd Henry Bacon had any other child but only
the sayd Thomas Bacon, whoe as I haue heard went to the
Barbadoes & died there ; and further I the sayd John Ward
vpon certaine knowledge doe testify, y1 1 well knew Nathaniell
Bacon to be the eldest sone of WiUm Bacon, brother to the
sayd Henry Bacon, and the sayd Nathaniell Bacon is now
liueing in New England & was prsent at my attesting hereoff,
and further sayth not. Witnes, John Ward.
This is a true record of the originall ffi James Bishop, Secret'.
These three foregoeing depositions was taken vpon oath, in
prsence of the court of magistrates held att New Haue Oc'b:
17th, 1661, which persons are knowne to be of good report.
Subscribed by me, James Bishop, Secretary for ye jurisdic
tio, and sealed with ye colony seale by order of ye court of
magistrates.

1662] jurisdiction of new haven. 429
Att a Gen" Court held att New Hauen for the Juris
diction, May 7th, 1662.
Present.
The Gouernr, Deputies for
The Deputy Gouernr, John Cooper, ) XT ,
,, -r, -r, ' T tj- i \ Newhauen.
Mr. Ben: Fenne, ) M . James Bishop. )
Mr. Rob1 Treate, } fmps- Thomas Welch, j ,,.., ,
Mr. Jasper Crane, j trates' Richa: Baldwin. \ Mllfor(L
Mr. Rob1 Kitchell, ) Guilford
George Hubbard. )
Richard Law, ) r- e •,
L: Francis Bell, \ &tamford-
Leiftun1 Swaine, j BrandforcL
Laurence Ward. )
The Court being come together to consider of the affayres of
the jurisdiction and how matters might be carried on in refer
ence to the election for the yeare followeing, vnderstanding
that there was a great discouragment vpon the spirits of those
that were now in place of magistracy, and alsoe to consider
about Mr. Rossiter and his sonne, that was now vnder the
custody of the marshall, but the court vnderstanding that
sundry persons of Guilford was then in towne whoe had sub
scribed too some offensiue papers which was before sent to the
court, & some of them spread abroad to the disturbance of the
peace of this jurisdiction, therefore the court thought meete,
(before they pceeded in any other matters,) to call these per
sons vpon particular examination, but vnderstanding that
[299] || Francis Browne & his sone was bound ouer (to
answer for some contemptuous carriages to authority in New
Hauen,*) to ye court of magistrates when they should call
* John Browne had been brought before the deputy governor, October 21, 1661, and
charged with having been intoxicated, which he denied. During his examination his
father, Francis Browne, coming in, " discovered great distemper of spirit," and
"uttered many contemptuous & reproachfull speeches against authority," asking
" by what authority his sonn was called thither, he knew no authority they had since
the king was proclaimed, nor would he obey any lawes vntill they came thence, &
others were of the same minde." Finally he and his son, who demanded of the deputy
governor whether he had his authority from Charles the second, were committed to
prison, though order was afterwards given that, considering his age and infirmity,
Francis Browne should have liberty to lodge at the marshalls house, which he refused
to accept of, because his son had not the same favor. N. H. Town Rec. ii. 351.

430 RECORDS OF THE [1662
them & hopeing he might giue a good example to any that
after should be called in a full acknowledgment of his euill,
did first call for him & his sone, whoe being called, the writing
of their offensiue carriages was read before them, to which
Francis Browne answered that he was sorry wlh all his heart
that euer he should say or doe any thing against the authour
ity, & did fully owne all that he had sayd & was heartily sorry
that he should be any discouragement to any whom God should
rayse vp amongst vs, or that he should be any leading exam
ple in euill to his son e ; he was asked if he had any further to
inlarge in sight of his euill, but in debate of the matter the
spirit of Francis Browne seemed to be out of frame & vttered
some expressions about his imprisonment which was offensiue
to the court, which they witnessed against & respited the mat
ter to further hearing ; but after, Francis Browne acknowl
edged his euill, & sayd that it neuer entred into his heart to
alter this way of gouernement to haue it out of the hands of
those that are members of churches, & did acknowledge the
pride of his spirit which appeared in his first appearing, &
shewed his sorrow for the same, & sayd he neuer intended to
lay any blame vpon any & soe left himselfe with the court.
John Browne alsoe did desire to acknowledge his euill, and
did confesse that he was heartily sorry for his sin in this
busines, & acknowledged the breach of the 5th comandm1, &
' that he neuer intended any thing against the fundam'talls, but
that he spake in a sinfull passion when he sayd Haue you
your authourity from Charls the Second.
The testimony of Jn° Tod & Nathaniell How was read,
of some sinfull & wicked expressions which John Browne
expressed, and John Browne owned the euill of them as they
was prooued, but could not remember he sayd soe, as he
declared. The Court heareing what was sayd by them, did pceede to
sentence, & first to John Browne in particular, & did sharply
witnes against his euill, & told him that this did occasion them
to lay a bond of 20" vpon him that he attend his oath of fidel
ity, & this to continue the courts pleasure.

1662] JURISDICTION OF NEW HAVEN. 431
Francis Browne, his father, answered that the thing the
court had done was good.
And for the case of them both, the court declared that in
respect of ye height of their miscarriages, though they accepted
their acknowledgment, yet in respect of charges, they layd a
fine of forty shiUings to be payd by them both equally to the
jurisdiction. [300] || The Court now pceeded to the examination of some
of Guilford, and first Thomas Stephens was called, (he haue
ing deliuered in the writings to ye gouernr,) & asked if he
owned his hand y4 was in two of ye writings, to which he
answered y4 h did, & being further questioned whether he
was the contriuer of ye first writing & did owne the sence of
it ; but before he would giue answer he desired to speake with
the gouernr alone, which was graunted him, & the gouernr
coming in againe informed the court y4 Thomas Stephens his
end of speaking with him was to mind him what was in ye
prface of y8 first writing; the gouernr told them he had
acknowledged what incouragem4 he had giuen them in ye
prsence of Mr. James Fitch, it being there ppounded to him
as if they had bene denyed of those priuilidges which the
fundamentall law did allow them, the gouernr answered he
thought they was not, & that he had practised as liberally
as others towards them in y4 respect, but Mr. Rossit1 offring
to enter into debate about ye matter, the gouernr answered
that he was not willing to enter into reasoning with them to
giue his single judgement in ye case, but if they would in a
loueing & peaceable way prsent to ye court what they had
to ppound in it, they should be heard, & he would further
them in it y4 they should haue y4 which ye law did allow them,
to which Mr. Fitch sayd y4 it was all y4 y gouernr could doe,
& they seemed to be satisfied. This being declared, they
pceeded to question whether he contriued ye writing, to which
he answered y4 he did not write it himselfe, but did desire Mr.
Rossitr to draw it into forme, which was grieuance to him.
It was demanded of him if y1 was the issue of y4 meeting in
which Mr. Fitch was prsent, hee answered y4 though all theire
grieuances was not then spoken of, yet he did not know any

432 RECORDS OF THE [1662
thing in y° writing but y4 which was theire grieuance. It
being further demanded of him whether he owned the wholle
or in part ? he answered, y4 he intended nothing but y1 which
was his grieuance, but did acknowledge y1 by his subscriptions
he did patronize both the writings. It being demanded of
him whether there was any thing in it y1 he did not detract or
recant, or y4 he did still owne it, but he stood still to Justine
himselfe ; then ye first writing was read to him which consisted
of seuerall heads, but he stood much in his owne justification,
but being put vpon giueing his reasons, as is prtended in ye
writing they was ready to doe, he euaded, & desired time
according to law to giue answr & consider of it, but after
acknowledged y4 he with some others did question with him
y4 wrote it whether there was not something in it which they
did not vnderstand ; it was told him that then he subscribed
to y4 which was beyond his compasse, he answered y4 Mr.
Rossiter sayd he would vndertake to make it out ; it was fur
ther replied vnto him, to shew him his euill, y4 he that was
sworne to prserue & maintaine ye honor of ye authority setled
here, should doe & carry it in such a maiier as is here
expressed ; he still answered that his intent was onely to haue
his grieuances written, then after many turnes of speech &
reitterations, it was put to him about ye mafier of sending the
first writing abroad, whether it was sutable to his oath ; he
answered y4 it was not done by his consent, & it troubled him
when he heard it was done, for he feared it would be offensiue,
but for his owne part he intended only to haue it prsented to
ye court & to haue an answer of it. Then ye second paper
being read, it was asked him how he could doe it, as if he
[301] would haue them destroyed; || he answered that it was
far from' his thoughts or desires. It was further demanded
whether they was all together when it was subscribed it, he
answered he knew not, but when he heard it was prepared he
went to Mr. Rossiters, & he thinkes there was three or four
there prsent ; but being asked if they desired Mr . Rossitr to
draw vp ye second writing, he answered y4 after they heard ye
court had ye first paper & but part of it, & the principle thing
left out, they considered whether it was not there way to

1662] JURISDICTION OF NEW HAVEN. 433
prsent y4 which they had prepared, & some suggested whether
they should not adde something to ye former, but he being
asked whoe it was, answered he knew not, nor could sware y4
Mr. Rossitr writt it, but for his part he neither writ it nor was
prsent when it was writ.
Then they asked him about ye ptest, whether it was done in
his name, being subscribed in ye name of seuerall psons &
many famiHes in Guilford ? he answered that he should giue
noe answer to it & sayd he was not bound to accuse himselfe.
But Thomas Stephens being after accused by Richard Hub-
ball, as one y4 drew him into this busines, did confesse y4 he
now sees y4 he had done y1 which he ought not to haue done,
nor should haue done it if hee had considered it, & yl he was
sorry for it, & desired to haue it passed by, & contest y4 he had
grieued ye spirits of those among whom he Hues. It being
demanded, (y1 seeing he was looked vpon as one of y8 heads
in this matter,) whether he would relinquish these things ? he
answered y4 soe farre as they were any blemish to ye court or
any member of it he did.
Richard Hubball called for examination, was told by ye
governr y4 it was ye courts pleasure to haue those called whose
names was subscribed, & therefore desired to know whether
he owned these subscriptions? he euading a plaine answer,
not being able to write himselfe, but being asked whether it
was not with his consent? he answered y4 there was such a
paper shewed to him & hee asked if they should set his hand
to it, to which he answered if they would they might, y8 first
paper was y4 which John Benham spread, & y8 second was after
y8 courts declaration, to which latter he sayth he remembers
y4 he allowed not his hand to be sett to it ; but being further
questioned, whether he joyned in y8 contriuance of them? he
answered he had noe hand in y8 contriuing of them, but Mr.
Rossitr drew vp y8 first, & they desired him y4 if there was any
thing in it to cleare y4 he would be at court to giue answer, &
he further sayd y4 they could not haue subscribed it had not
Mr. Rossitr vndertooke to manage it, & he pmised to make
proofe of it. It was alsoe ppounded to him whether he was
any of those families in whose name the ptest was subscribed,
55

434 RECORDS OF THE [1662
he answered not as he knew of. He was also asked whether
he did now retract w1 he had done, or stand in y8 justification
of it, or was sorry that is soe spread abroad in ye country to
make such disturbance as it hath done at Stamford & South-
hold ? he answered that it was only his desire to haue w1 our
law did allow & noe more, & whateuer is else, it was besides
his intention, & he doth renounce & disowne it, & is sorry for
any thing beyond this.
John Bishop was called, & told y1 ye court being mett about
some other occasions & haueing beene excersised wlh some
aflicting excersises by some paprs sent abroad, & to which
they find his name, desired to /x whether he owned his hand.
He answered first by way of euasion y4 he did not, for he
could not write, & desired proofe y4 he gaue order to any to
set his hand to them, but afterwards granted y4 he gaue his
consent to set his hand to both y8 writings ; and being ques
tioned whether he contriued them, he denied it, & sd if it be
[302] ye paper as || he thinkes it is, it was brought to him by
Mr. Rossitr & read. He being asked if he still owne them &
will stand by them or now detract, answered that if there was
anything of disowning ye gouernm4, he did vtterly disowne it,
& sd he neuer vnderstood it soe & therefore would haue noe
hand in it, for he had alwayes practised contrary. He was
then told ye substance of y8 writings & y4 it was a season now
to expresse himselfe if he had anything to say, for they had
met wth this busines both from Stamford & Southhold, & y8
rice of it was from them ; he answered he neuer vnderstood it
as now he doth, he thought not a quarter of it, therefore sees
he was meerely drawne in & did now vtterly renounce & dis
owne both ye writings, he only desired to haue y1 which or
lawes allow.
Willm Stephens was called, & asked if he would owne his
hand to those two writings; he did owne them, and being
asked if he had any hand in y8 contriuance of ym, he answered
he neuer see any of them till they was done, he supposed they
vnderstood who did them, he neither gaue order to haue them
done nor knew of them till they was brought to him & read,
which was done by Mr. Rossitr at his house. He was asked

1662] JURISDICTION OF NEW HAVEN. 435
if he disowne ye gouernm4, he answered noe, nor neuer did,
nor had any such thought, for he onely intended to desire that
which or law did allow, & what is more in y8 papers is beyond
his intentions. He was told that he had done all this after he
had taken y8 oath of fidelity. Sam" Kitchell informed the
court y4 Wm Stephens desired him to goe & speake to the
gouernr to put out his name out of ye writings, & the gouernr
answrd him y4 if he would come & doe it himselfe before wit
nesse he might, but he could not doe it himselfe, but he came
not. Tho: Cruttenden was called, & told y4 they had not called
him for accusation but for examinatio, & first asked him
whether he owned his subscriptions to those two writings ? he
answered, yea he did ; then he was asked whether he framed
them or was done by some othr to his hand ? he answered y4
he had but litle time & therefore could not giue his answr,
but being further questioned about y8 sending yra abroad, &
whether he was able to make good y8 things spoken in those
writings, & whoe the psons were y1 they asperse & charge with
vnfaithfullnes, &c, he after many turnes of speech did answr,
y1 he had noe hand in sending them abroad, but he thinkes
Jn° Benham had it at there towne, but he knew not whoe gaue
it him, & for ye psons aspersed, &c, he knew not, but this he
could speake, y4 he would say nothing to the defamation of
this honord court or any member of it, & y4 it may be y4 in a
grosse writing there -may be some particular expressions which
they did not vnderstand, & sd it was his weakenes to set his
band to any thing he vnderstood not, or y1 he did it inconsid-.
erately, but sd y1 Mr. Rossitr drew vp y8 first writing & he
aprhended y1 they had liberty from y8 honord gouernr, in ye
prsence of Mr. Fitch to expesse their grieuances, ye substance
whereof was in yt writing. Then the gouernr asked him if w1
[303] he had sd before Mr. Fitch was not || to this purpose,
& related as before to Tho: Stephens, which he did not deny;
then he was told y1 in stead of that they seeke to rase or fun-
damentalls & cast aspersions vpo sundry, & soe send it abroad
to their defamation whose honors they was bound to maintaine
& prserue, this wee take as vnkind & vnneighborly dealing

436 RECORDS OF THE [1662
with vs, & not sutable to y8 fidelity to which they was sworne,
therefore he was wisht to consider how it would stand with his
oath ; and then after the court had answered their first wri
ting wth modesty, now vpon this they come wth another paper
& tread vpon vs, & render vs Canaanite like, & you expecting
Rahabs fauor, & this from you that are or neighbors, who
should haue beene succour to vs if there had beene humane
fraylty apeared in any of vs. He was further asked if he still
owne it or was sorry for what he had done ? he answered y4
soe far as the things may be requested by them & granted by
ye court he did still continue his desire, and being asked fur
ther about y8 ptest, if he had any hand in it or did owne it ? h
sd he could say nothing to it.
John Rossitr was called, & the gouern1 told him that ye
court calls for an examination of him now he being in durance,
& it was told him how he had answered to y8 marshall about
paying of his fathers rates when his father was from home in
an incouraging way, but y8 marshall goeing after his father
was come home, hopeing he would haue made good w4 he had
sd but finding such opposition as they found ; vpon the returne
of ye marshall with the testimonies of other y4 was with him,
the gouernr sd be thought it high time to suppresse these
things, & vpon this ground he gaue forth a warrant to appre
hend & arrest you & your father, to be secured till ye court
could heare & examine y8 case, & soe they brought yor father
& you to his house, & after some speech they was sent to New
hauen, to be kept in durance. He was told y4 now he was
called to giue in his answers to this or any othr miscarriages
mentioned in ye warrant, & for ye first case whether these
things was soe or no ; he answered that he should be loath to
answr quarries, but if there be an indictm4 & proofe, he should
giue his answr. He was told that they knew noe inconven-
iencie it would be to him, possibly it might prvent a formall
indictm1 ; he answered y1 it would be an infringem1 to them
of their libertie, for if they had beene examined at Guilford
they should haue knowne w1 they had had to answr for. The
gouernr told him y4 such a testimony giuen in to him under
soe many hands he thought sufficient to doe as he did, till the

1662] JURISDICTION OF NEW HAVEN. 437
court could examine ye matter, but he refusing to answr w4*1-
out a charge layd against w4h ye witnesses, he was told that
the forme of his charge was in y" warrant, viz:, resistance and
contempt of authourity setled, &c, now first for his fact of
resistance of authority, which was the occasion of comitting
him, whether he would owne it or noe? he was told y4 ye
worst they wished him was y4 he would see his euill & depart
[304] from it, || but he refusing to giue answr till he heard w4
y8 witnesses would say, they was then called, & first Jn° Scran-
tum y8 marshall spake as followeth, that ye treasurer brought
him two warrants, one for y8 jurisdiction & one for y8 towne,
to streine for rates of ym y4 was behind, whose names was on
y8 backside of y8 warrants, & Mr. Rossitrs name was in both,
soe he went to Jn° Rossitr, (his father not being at home,) &
read the warrants & the sufhes ; Jn° Rossitr being asked if this
was soe, he answered yea, & y1 he did not question but his
father would pay y8 towne rates, (for he had heard his father
say soe,) if they would stay while his father came home, and
further Jn° questioned whether they was his fathers sumes, &
they told him his father should bring in an account of his
charges about y* Colonells, & further y1 Jn° said he would goe
to ye treasurers about it, & ye treasurer sd he did soe, & told
him at smiths shop y4 if cattle would doe he did not question
but they would be payd, to which ye treasurer answered y1 he
thought they would, & if they would choose one & he another
they would doe something y1 way ; but this latter part Jn°
Rosseter denied, & said he had not power to dispose of his
fathers cattle. Then ye marshall further related y1 when ye
treasurer told him y1 there was nothing done in it, he then
went to distreine, (Mr. Rossetr being come home,) & hearing
there would be resistance, he tooke with- him some to assist
him, & soe went to Mr. Rosseters house one morning, & he
coming out of ye doore he told him he had two warrants to him
in both which he was as one behind in paym1 of his rates, &
soe reade ym, & sd to him if he would make prsent pay he
should not distreine, but Mr. Rossetr answered he would not
pay it then nor next morning neither,* then ye marshall he
* Mr. Rossiter had refused to pay rates for his person and horse, on the ground of
his being an allowed physician, pleading that the laws of nations exempted such from

438 RECORDS OF THE [1662
went away to take two cowes & told the men y1 was with him
which they was, & as he turned away he heard Jn° Rossetr say
y4 they should haue noe cowes there, & then came & tooke vp an
axe, & went to the gate, & told vs we should haue noe cowes there.
Jn° R: being asked whether he owned y4 he soe sd, answered
y4 there being a gap in ye fence, supposing they would haue
droue out ye cattle there he tooke vp an axe to goe to stop the
gap, & sd they should driue out noe cattell there. This testi
mony of y8 marshall, Wm Stone & Richa: Bristow, being giuen
in vpon oath in Mr. Rossetrs examination is omitted here, but
haueing all spoken, Jn° Rossetr owned it as legally prooued,
& the issue was y4 ye cattle was left.
Then he was further told of his sinfull carriage in seuerall
expressions when they was apprhended, & Sam" Kitchell testi
fied y4 y8 first thing he tooke notice of was y4 without the
doore Jn° Rossetr sd, y4 the apprhending of them was but a
character of w1 was like to follow. To this Jn° Rostr sd he
should not answr to it. 2. Sam" Kitchell saith that he mani
fested expressions wth rejoicing that they was apprhended, & sd
it was that which they long desired, and after they came into
y8 house there was more spoken; goodm Bartlet, whoe was
there prsent, moued to Jn° Rossetr why they tooke such a
course, to strike the marshall as his father had done, he
thought they might taken a better course to haue vindicated
themselues ; Jn° replied may he not resist a theife when he
comes into the yard to take away any cattle or goods, he would
knocke him downe. To this within ye house Jn° Fowler &
Wm Seward testifies ye same ; now to this Jn° Rossetr sd, y1
he owned it as legally prooved but would not accuse himselfe.
[Two leaves, containing pages 305-309, are here wanting. Page 309 is blank, as
also the greater part of page 310.]
personal services and their estates from rates and assessments — that they were not
required in the Bay, nor in New Haven of the French doctor and Mr. Pell, nor had
been demanded of him while he lived in Connecticut. A letter of his, concerning his
difficulties withN. H. Colony, to Gov. Winthrop, is in 3d Mass. Hist. Coll. a. 73.
We may safely presume that the " charges about the Colonells," mentioned on the
preceding page, refers to charges incident to a search for them, and not at all for their
maintainance, and that it is not reasonable to suppose that the Regicides were at any
time concealed by Mr. Ros'siter or his son, as Dr. Stiles had inferred from this passage;
Stiles Judges, pp. 91, 94. The Colony would not have ventured to support them pub
licly, and Mr. Rossiter stood for the King, and had disowned the authority of the
Colony of New Haven.

1662] JURISDICTION OF NEW HAVEN. 439
[310] || As an addition to ye printed law for y8 nomination of
magistrates, it was now ordered, that in case there be not a
nominatio for magistrates in season, according to order, from
y8 seuerall townes on y8 maine, as N. Hauen, Milford, Guilford,
Stamford & Branford, to y8 number of three as an addition to
those now in trust, that it shalbee in y8 power of y8 freemen
then prsent at yb election to nominate & choose three to those
of ym now in trust that shalbe then chosen, if they see cause.
This to stand in force till y8 court see cause to repeale it.

[311] At a Court of Magistrates, held at Newhauen
for the Jurisdiction, the 26th of Mat, 1662.
Present, the Gouernr, Deputy Governr, Mr. Fen, Mr. Treat
& Mr. Crane, Magistrates.
John Sheather was called for examination & was told ye
grounds of it was y4 they find his name set to two writings, one
of which hath beene spread abroad to y8 greife & disturbance
of many in this colony ; now whether he owned his hand ? He
answered y1 he soe farre owned it as was his honest intent, &
he vnderstood ye pap contained nothing else but y1 which was
lawfull for ciuill men to desire, but now he sees there is some
thing in it which he did not vnderstand, & for ye contriuance
he had one of ye least hands in it, & he could safely say y1
there was not such forwardnes in him as some others but
rather some words of repulse. He was told y8 3 parts of ye
first writing, first, concerning y1 liberty which or lawes allow,
he answered y1 that was all he desired. 2 pt was y1 they see
noe whollsomnes in or fundamental^, &c, to this he answered
that he could safely say he had neuer such a thought, nor
could owne it, for he vnderstood not y1 passage. 3 pt was
theire charging of some psons w4h vnfaithfulnes, &c, he
answered he could cleare all this court & he thought all ye
court before them, & he hoped they would not bring him into
a snare. He was then told that he was sworne to vphold those
lawes which he saith is vnwholesome, & y4 he hath not prsented
these to ye court before they are spread abroad; que: did the

440 records of the [1662
govr euer incourage to any such things as these ? he answered
noe. Then the second pap was read to him, he sd he knew not y1
euer he read y1 pap in his life, but vpon a time coming in to a
place he was asked to set his hand to it, but he forbore a great
space of time, & after he did it he was conuinced y1 he did it
inconsiderately, & being asked by some if he would be one to
v deliuer it in, he answered ym he would haue noe hand in it ;
then he did wlh some affection acknowledge y4 as they had
any reflection vpon the gouernm4 & lawes, he in his owne con
science did disowne ym, & alsoe his euill in laying any asper
sions vpon any w4hout speaking to ym first, which is contrary
to those rules, Math. 18 & Leuit. 19, 17, & for ye future did
pmise to Hue submissiuely to this governm4 according to his
oath soe long as he liued vnder it. The sentence of ye court
was, that he was soe dismissed as to be ready to giue further
answr when ye court shall see cause to call him.
Mr, Richard Lord came & prsented Mr. Rossetr & Jn°
Rossetr jn flie hands of the marshall according to his bond, &
therefore desired his bond, which accordingly was deliuered
to him.
Mr. Fen ppounded, in ye behalfe of Tho: Wheeler & Wm
Roberts, for charges about Herdman. The court concluded
to allow them forty shillings out of Herdmans fine & left it to
Mr. Fen and Mr. Treate for ye diuiding of it. And noe fur
ther testimony coming in, in ye behalfe of Herdman, did order
y4 ye rest of ye fine be forthwith required.
Jacobus Loper haueing some goods as by a bill pTsented by
Mr. Gibbard appeared valued to 02", 02s, 04d. The court
[312] concluded that the || marshall of Milford being payd
out of it, the rest is to be be returned to the jurisdiction
treasurer. William Potter was called before y8 court to answr to w4
charge or accusation as they vnderstand from examination is .
layd against him, viz: that he hath comitted ye sin of bestiality
w4h sundrie creatures.
The Gouernr told him, that first he must mind him of his
carriage before ye magistrates when he was examined, that

1662] JURISDICTION OF NEW HAVEN. 441
when you heard w1 your wife & son testified to yor face, yet
you was not affected as you should haue beene, whether true
or false, but stood in a stupid way, making deniall of w1 was
testified y1 they could not fasten it as a charge against him,
yet told him y1 ye puidence of God was soe strange in it, (his
neare relations thus charging of him,) y1 if he was guilty God
would bring it forth to light, & soe, w4h as much solemnes as
they could, left it with him & alsoe with Mr. Gilbert to gaine
any further discouery as he could ; and now it seemes since,
(it may be by some better dealing w4h him in ye busines, &
Gods jealousie against him,) God hath brought it forth out of
his owne mouth ; and seeing the church hath done their duty,
which they well approued of, they as ministers of justice call
him to account, to speake the truth in ye case, & deale
plainely, as standing before the great God of heauen & earth,
his judge & theirs, & to make acknowledgm1 of ye facts, how,
when, & with what creatures.
He answered y1 first wn he was before ye magistrates he
answered with a distinction, & thought their testimony could
not take away his life, but being before ye church & helped
ouer something y4 stucke w4h him, he did confesse & judge
himselfe worthy to be cut off from among men & to be giuen
ouer to be among deuills ; and now he confessed more pticu-
larly, the first time he sd was in old England, at prentise, wn
he was about eleuen yeare old, & after when he came to New
England these temptations followed him, though sometimes
they left him some yeares together, & then he thought God
did worke vpon his soule, & ye temptation left him a great
while, but after he coming to Hue at Mr. Gilberts farme it
returned againe, & he acted with a cow which is now gone, &
after coming to his owne farme his lust followed him, though
he thought he should haue got power against it, & when ye
man was hanged for ye same act he was much startled, but
after still ye temptatio went on, & it strooke a dampe vpon his
spirit y4 it was not right with him, & there, he acted first with
a bitch, which he hanged thinking he should be free from ye
temptation when she was gone, but it stUl pursued him, & he
acted this wickednes w4h two sowes, one of which was y4 of
56

442 RECORDS OF THE [1662
which his son testifies, there is alsoe a yeareling heifer, a two
yeare old, and a cow y1 he had beene vilely naught withall
this spring, alsoe three sheepe, of which he sd he told his wife
which they were ; these was all he sd, only his attempting with
his old mare which is now dead ; & then confessed y1 he had
gone far from God, but prayed, & desired theire prayers, y1 he
might not goe further from him, and desired to haue w1
meanes might be affoarded for his euerlasting good, acknowl
edging the Lord to be righteous whateuer became of him.
[313] || He was asked with w1 he couered these wicked
courses? He answered that he went on against the checkes
of his conscience, & did not consider the compasse of his sin,
he had some dislikes of it but was ouercome still, & when his
son discouered him, he had noe heart to speake to him, but
was affected with teares, y1 he, being an old man, should be a
foole in his latter end.
He was minded of his sin before ye magistrates, -that he
should speake soe against his knowne light, & of his excusing
it to his wife when she told him of it. He sd he thought his
excusing of it to her was a forerunner of these sins after.
Much was sd by him by way of acknowledgm1 of his euill, but
in a confused way, as yt sometimes he was -filled with horror
& y1 his sin lay vpon him night & day, & y1 he saw such sins
the nature of ym did harden his heart, & y4 he was filled w4h
shame & confusion for the dishonor y1 he had done to God, &
y4 he had caused ye name of God to be blasphemed among the
heathen. He was told y4 such sins was judiciary sins, accord
ing to Rom. 1, 24, when men like not to retaine God in their
knowledge, they are just judgm4s of God vpon such vnder
such light as he hath liued vnder, & y4 he should come to
such a degree of sinning & to such an age was a thing to
admiration & astonishm4 of all y4 heares him. He sd he
thinkes now all he did was to be seene of men, though some
times he had other thoughts, yet now he hath nothing but his
sin left vpon him & is discouraged, & his sins affright him from
God, though sometimes some hopes may be in him.
He was asked what puoking sin he sees that might puoke
God thus to leaue him ? He answered that he had neglected

1662] JURISDICTION OF NEW HAVEN. 448
duty in secret, & had not kept his watch ouer himselfe & way,
& was very vnconstant in family duties formerly, though
something better of late. He was asked how he was educated ?
He answered, well, & was taught to reade. He was then seri
ously aduised & warned to take in ye agravations of his sin,
for he had beene a continuall Huer in this sin from his child
hood, & that he had beene exceedingly hardened in it, y1 he
should goe on in it after he saw others put to death for the
same acts & such like, & was told y1 his sins was wonderfull,
therefore was wished to be serious about repentance, & to take
heed he did not word it out to the last.
He was further questioned, y1 seeing he had acknowledged
more then was charged against him, whether he had not defiled
himselfe with any woman besides his wife. He answered noe,
neither with woman, mayd nor child, y1 was certaine.
The Court haueing considered the case pceeded to sentence,
& first read the law to him, & then ye governr asked him if he
had any thing to say why the court should not pceede to judge
him according to ye law. He answered noe, but his great
matter was betweene God & his soule, to desire him to giue
him repentance.
The Governr then declared, that seeing it is soe, they could
doe noe otherwise, and he therefore in ye name of ye court did
declare to William Potter that y8 law read was y8 sentence of
y8 court, to be executed vpon him, viz: that he be hanged on
a gallowes till he be dead, & then cut downe & buried, & the
creatures with whom he hath thus sinfully acted to be put to
death before his eyes. He answered y4 he had in himselfe ye
[314] sentence of death before. || For the time of his execu
tion, it was left to y8 magistrates of Newhauen with the advise
of the elders.*
Sam" Plumbe apeared to psecute an action entred by him
against widdow Pennington of Newhauen, in Octob. last, con
cerning a stray beast which she had tooke vp & killed disor
derly, & he aprhended it might be his, he haueing lost such a
one from Conecticott, which he had droue vp thither to be

* Mather, who gives an account of this case, Mag. B. vi. Cap. v. Ap. iii. states that
he was executed?on the 6th of June.

444 RECORDS OF THE [1662
wintered, but after neuer had it againe ; then he prsented a
coppie of y8 record from Milford where she was tooke vp, which
is as followeth,
A description of ye stray taken vp by Tho: Welch of Mil
ford w4h her age and markes, w4h valuation thereof, — she is a
blacke heifer judged to be but three yeares old, marked w4h ye
top cut off y8 right eare, & a litle hollow in y8 top of y8 left
eare. Note y4 since this beast was taken vp she is branded
w4h (S) on ye left home & she hath a with about her necke.
Valued by Thomas Wheeler & Daniell Buckingham at three
pounds & ten shillings, this 4th of May, 1660.
This is a true coppy of y8 publique record in Milford, taken
this 27th of May, 1662, p me, Rich: Baldwin, Secretary.
Sam" Plumb, to prooue that he lost such a one from
Coiiecticott, prsented y8 testimonies following, viz4.
The deposition of John Belding, aged about 27 yeares, the
sd deponent saith that he had a heifer of Sam" Plumbs in his
keeping, which was of a blacke coulor & wide homes, & as they
remember shee had some white vnder ye belly, this heifer was
two yeare old in ye yeare (59,) & strayd away from Weathers-
field in Aprill on ye yeare as aforesd & was not seene after
wards in these parts nor heard of, & was in good flesh when it
went out. Taken before me vpon oath, Richard Treat.
Feb. 16, 1661.
The wife of John Belding doth testifie the same vpon oath.
Then widdow Pennington desired goodm Johnson might
speake, who sd as followeth, viz: Richard Johnson sd that he
marked this beast for her when it was young, & was ye same
which this had, & further said y4 it had a priuate marke by ye
bag which, when shee brought this beast & owned it, he sd
before they catched her y4 it was hers, it had a white place by
y8 bag, & after they catched it soe it prooued, but y4 which she
challenged was to be 4 yeare old when it was at Mfiford, but
Tho: Welch sd y4 this had not cast y tips off its homes, and
further sd y4 he thought she had lost it if it was hers, taking
of it & killing it soe disorderly, but she pleaded being a widdow
y4 w4 shee did y4 way it was ignorantly & was sorry for it.
The governr declared y4 there was disorders on y8 womans
part which did speake against her right & deserued penalty,
but there was more agreem4 in y8 markes of this & the womans
then there is of Sam" Plumbs, but there being some differance

1662] JURISDICTION OF NEW HAVEN. 445
in ye testimonies of widdow Pennington about y° age, the
court concluded as things then apeared that she had lost her
right & was to be responsable for her, & in reference to Sam",
that he bring in furthr proofe anothr time.
But afterwards the case came againe to be considered &
Sam" Plumb prsented ye testimony of John Ward of Branford
& of his wife, wch are as followes,
John Ward testifies that he helped Sam" Plumb to driue
two blacke heifers to Connecticott, that was two yeares old
comeing, afterward he was at Connecticott & saw them in
John Beldings yard.
Goodwife Plumb testifies that her husband droue vp two
heifers towards Coiiecticott that was of their owne breed, &
had but one of them againe.
These was attested vpon oath before ye court.
Widdow Pennington alsoe prsented further proofe, as first
John Thomas, whoe declared that he did thinke really that
this was the womans heifer, & to this tooke oath & gaue his
reason, for he lost a heifer of the same age & he tooke this heifer
vp & brought her home & thought it had ye same marke as
his y4 is cropt off on the right eare, but desiring Serj4 Boykin
[315] || to helpe him catch her [& then they found she
had a litle bit] cut off on y8 other eare they aprhended w4h a
knife, & they both concluded her to be 4 yeare old past, she
had a wrinkle on her home & noe tips then, & he sent to
goodw: Pennington to tell her of it, & a litle after she chal
lenged her, & he knew that shee wanted such a one. Richard
Johnson further sd that shee was judged to be 4 yeare old by
some that catched her, & y4 he himselfe knew her from a calfe
& marked her, & that she had a priuate marke as before, &
now vpon oath attested that that Was widdow Penningtons
- heifer which she tooke vp & killed.
John Coopr informed ye court alsoe how it was pbable shee
was wintered y4 yeare she was lost before she went to Milford,
for there was intelligence of such a heifer afterwards seene in
a mans yard at one of ye farmes.
John Winston & Roger Ailing sd y4 they being desired to
looke on her & judge her age, & there was some others wth

446 RECORDS OF THE [1662
them, it was in July, & they all concluded by her age that it
was her heifer.
Sam" Hodgskin testified y1 at the beginnig of spring, when
he began to keepe cowes, he saw such a stray with a (S) on
her home, & she went with him y1 sumer, & ye woman came
& enquired of him for her, & desired him to take care of her &
put her into the quarter where her land was, when it was open,
& soe he did, & after the quarter was done shee went out into
the woods, & she desired him to looke her vp for her & soe he
did, & withaU the woman told him y1 she had got some of her
neighbors to look on her & they hadled her & judged her to
be her heifer. Sam" Hodgskin furthr sd y1 the maner of ye
head of yB beast was like the dame of her which he kept,
crumple horned & not broad headed as is sd of Sam" Plumbs.
The Court heareing w1 could be sd on both sides did by way
of sentence declare, y4 by the euidences prsented widdow Pen
nington had clearest right to the heifer, yet considering how
disorderly she tooke it vp & killed it contrary to law, & soe
Sam" Plumb disaduantaged to cleare his right & occasioned
to him more trouble and charges then otherwise he might haue
had, therefore did order that widdow Pennington pay vnto
Sam" Plumb fifteene shillings & alsoe beare the charge of ye
action which is ten shillings.
A writing prsented for ye last will & testam1 of Serj1 Tho:
Jeffrie late of Newhauen, deceased, but wanting due form &
date, it being alsoe ill peiied& spel'd & thereby found difficult
to reade, could not be legally proued, yet being written (with
his owne hand) & subscribed (as was concerned & vpon oath
attested by Leiftenn1 John Nash to containe ye last will of ye
deceased (to ye best of his knowledge) according to ye true
meaning of it, which in a writing deliuered in is by him
expressed, it was ordered y4 accordingly ye estate of y8 deceased
shalbe disposed off. Prooued in court at Newhauen, Decemb.
3d, 1661.
The writinge before mentioned was alsoe prsented & read &
by this court ordered (vnto w1 Newhauen court had done)
that (considering y8 many defects in y8 will) those who receiue

1662] JURISDICTION OF NEW HAVEN. 447
y° estate doe giue in security to Newhauen Court to be respon-
sable for soe much estate to any y1 shall lay a better claime.
An inuentory alsoe of y8 estate of Serj1 Tho: Jeffrie deceased,
taken the 2d of Decemb. 1661, apprized by Leiftenn1 John
Nash, WiUm Pecke & Roger Ailing, amounting to one hun
dred fifty two pound seuen shillings & three pence, besides an
axe & an old saw y1 was not surhed, there was alsoe diuers
debts due both from & to ye estate not fully cleared ; prooued
in court at Newhauen January 7th, 1661.
A writeing prsented as ye will of Rob4 Johnson late of New-
Hauen deceased, witnessed by WiUm Bradly & Cristopher Tod
& subscribed with his owne marke & testified by ye witnesses
aforesd to be made about the 31th of Octob: 1661, (it haueing
noe date,) prooued in court at Newhauen the 3d of Decemb:
1661. Alsoe an jnventory of ye estate of Rob4 Johnson, taken ye
26th of Novemb: 1661, apprized by WiUm Bradly & Christo
pher Tod, amounting to three hundred sixty six pound seuen-
teene shillings & a penny, prooued in court at Newhauen,
Decemb: 3d, 1661.
An inuentory of y4 part of ye estate of M1'. John Wakeman
(lately deceased at Harford) left within this jurisdiction, with
certaine debts therein included due from some at Stratford,
taken the 21th of Octob: 1661, apprized by Roger Ailing &
James Bishop, amounting to 299", 17s, 09d, prooued in court
at Newhauen Octob: 304i>, 1661.*
# The original will of Mr. Wakeman is on file in the Probate Office in Hartford, and
is as follows,
" I, John Wakeman of Newhauen being weake in body, but of sound vnderstanding
and memory, in expectation of my great change doe make this my last will and testa
ment. First, I comend my soule into the hands of my Lord Jesus Christ my redeemer,
trusting to be saued by his merits and intersession, and my body to be buried at the
discretion of my executors and freinds, in hope of a ioyfull resurection ; testifying my
thankfullnes to God for the free manifestation of his grace to me in Christ, and for the
liberty and fellowship vouchsafed me with his people in his ordinances in a congrega-
tionall way, which I take to be the way of Christ, orderly walked in according to his
rules, but I doe testify against absolute independency of churches, and perfection of
any in light or actings, and against compulsion of conscience to concur with the
church without inward satisfaction to conscience, and persecuting such as discent
vpo'n this grownde, which I take to be an abuse of the power giuen for edification by
Christ who is only lord of the conscience.
" As for my outward estate and worldly goods that God hath giuen me, which I shall

448 RECORDS OF THE [1662
An inuentory of ye estate of Wm Blayden late of Newhauen
deceased, prsented, taken January 3d, 1661, apprized by Roger
Ailing & Wm Payne, amounting to 02", 14s, 04d, prooued in
corl at New Hauen Feb: 4th 1661.
[316] || An inuentory of ye estate of Jarvis Boykin deceased
leaue, my iust debts and funerall charges being satisfied, my will is thus ; first, I giue '
vnto my daughter Helina, wife to John Talcott of Hartford, twenty pounds to be
wholy at her owne disposing, and to her husband, my son in law John Talcott, fiue
pounds and my best beauer hatt and band, and to ech of theyr three children fiue
pounds apeece, namely vnto John, Elizabeth and Samuell, all to be payed within six
moneths after my decease. It. I giue vnto my son Samuell Wakemans two sons,
namely Samuell and John, ten pounds apeece. It. I giue vnto my daughter Kitohells
daughter Elizabeth, ten pounds. Item. I giue vnto my brother in law Adam Nicolls
of Hartford my cloath cloake and the suite of the same which was my cousin John
Walkers, and my grey hatt, and I giue vnto his wife, my sister Anna Nicolls, ten
pounds, to be wholy at her owne disposing, and to theyrfour children twenty shillings
apeece, namely John, Hanna, Sarah and Ebenezer, all which my will is should be
payed to them wlhin six moneths after my decease. It. I giue vnto Hanna Cheeuers
fiue pounds, to be set apart and improued for her at the end of one yeere after my
decease as my ouerseers shall see meete vntill shee come to eighteene yeers of age
(which is the tyme agreed vpon for her continuance w"1 me or mine) or till the tyme of
her marriage, prouided shee marry w"1 the consent of my executors and ouerseers, or
w"1 the consent of any two of them.
"It. I giue to my seruant Thomas Huxley my short gun with a rest, and my hanger
which he vseth to traine with, vpon his good behauiour, that is if he shall carry him
selfe honestly and faithfully in his place and seruice to the satisfaction of my executors
and ouerseers, or with the approbation of any two of them.
" Item, all the rest of my estate, goodes, lands, debts, whatsoeuer, I giue and bequeath
to my son Samuell Wakeman, and to my son in law and daughter Samuell and Eliza
beth Kitchell as followeth, that is when all my debts and legasyes are discharged!
(which my mind is should be out of my estate as it ariseth indifferently, and at the
prises comon in this jurisdiction,) my will is that my son Samuell Wakeman shall
have two third parts of that my whole estate that remaineth, and my son and daugh
ter Kitchell the other third part equally betwixMhem, and my will is that my daugh
ter Elizabeth Kitchell shall have that part of hers wholy at her owne disposing. And
I doe make and appoint my son Samuell Wakeman and my son in law Samuell Kitch
ell to be joyntly executors of this my last will and testament. Alsoe I doe intreate
my beloued freinds and bretheren Henry Glouer and James Bishop, to be ouerseers of
this my will, and for theyr paines herein I give vnto ech of them ten shillings. And I
further desire my deare and louing sisters, my sister Dauis and sister Glouer to asist
my executors and ouerseers with theyr counsell and helpe in prizing, diuiding and
disposing things equally to mutuall satisfaction, according to the true intent of this my
will, which I subscribe with my hand this 18th day of the 4th month 1660, in the pres
ence of Martha Davis, John Wakeman."
Ellen Glouer.
On the back. " Thes may certifie that Martha Davis and Ellin Glouer haue attested
vpon oath that this is the will of Mr. John Wakman lattly deceassed, before mee,
Mathew Gilberte, Deputie Governer, this 2lb of 8* month, 1661."
Inventory taken by Richard Lord and William Wadsworth, September 14'\ 1661,
amount £167, 16, 11.

1662] JURISDICTION OF NEW HAVEN. 449
was prsented as taken January 23th? 1662, amounting to ye
sume of 172", 03s, 04d, besides a change or two & a srow vnap-
prized, prooued before ye court at Newhauen May 23th, 1662,
vpon oath by y8 widdow of ye deceased to containe y8 whole estate
of her late husband to y8 valew of ten or twenty shillings, to
ye best of her knowledg, & by Leiftenn1 John Nash & Deacon
Witim Pecke y1 ye apprizem4 was just to ye best of their light.
The last will & testam4 of Mr. Willm Fowler of Milford
deceased, was prsented as prooued in court at Milford, A
by Mr.Rob4 Treate, John Fletcher & WiUm Fowler junior,
witnesses, dated the eighteenth of January, 1660.
An inuentory alsoe of the estate n Mr. Wm Fowler deceased,
prsented, taken the 8th of February, 1660, prized by Mr. Aex-
ander Bryan & Micliaell Tompkins, amounting to ye sume of
408", 13s, 09d, prooued in court & before the magistrat at Mil
ford March the first & seuenth 16f f. Rich Baldwin, Secret.
The last will & testam4 of Mr. John Bishop senr of Guilford
deceased, prsented as prooued in court at Guilford, Feb. 7th,
1660, by Mr. Rob1 Kitchell & John Fowler, to ye subscribing,
& by Mr. Wm Leete & Elizabeth Jordan y1 Mr. Bishop owned
& allowed it soe to stand, adding onely ye legacy therein to his
daughter Steele, now vpon his death bed; dated Novemb.
1653. WiUm Leete, Esq; Gouernr.
An inuentory alsoe of y8 estate of Mr. John Bishop senr
deceased, prsented as prooued in court at Guilford vpon oath
by Anne Bishop the widdow & relict of y8 deceased & John
Bishop his eldest sonne & joint executor wth y8 widdow, for ye
quantity, & by Abraham Cruttenden senr, Jn° Fowler & Wm
Stone, apprizers, for y8 just value as is therein sett downe,
amounting to y8 sume of 375", 17s, lld, and taken January
7th, 1660. Willm Leete.
An inuentory of y8 estate of Mrs. Sheafe of Guilford deceased,
prsented as prooued in court at 'Guilford August 30th 1659, by
Wm Chittenden her son in law for y8 quantity, & by Abraham
Cruttenden, Wm Dudly & John Fowler, for y8 just value, taken
Decemb: lrsl, 1658, amounting toy8 sume of 016", 17s, 00d.
WiUm Leete.
A writing prsented as the will & inuentory of Vincent
57

450 RECORDS OF THE [1662
Meggs, as haueing beene prsented & witnessed (in court at
Guilford, Decemb. 2d, 1658,) by John Meggs as y8 last will &
testam1 of his father Vincent Meggs vpon his death bed at his
house at Homonossocke. The court not finding other proofe,
accepted w1 was to be had & granted administracon of the
whole estate to y8 sd John Meggs, with y8 will annexed,
requireing him to doe and pforme accordingly vnlesse better
euidence to y8 contrary shall apeare. Dated Septemb: 2d,
1658, amounting to y8 sume of sixty two pound, secretary fees
to be deducted. WiUm Leete."
Deacon George Clearke of Milford, plaint' , ) The action
Sf John Baldwin of y' same place defendt. j haveing been
formerly entred, w4 was formerly alledged on both sides was
now read, & the plaint' desired y4 James Bishop might be his
atturnie, which was granted, but after many pleas & allega
tions on both sides, the defendt desired to come to composi
tion; the plaint' upon consideration for peace sake did conde
scend thereunto, & soe before y8 court wth their concurrence.
they came to this conclusion, the defendant ingaged to pay to
the plaint' fifteen pounds & the charges of y8 action, which the
plaint' accepted upon Mr. Fens ingagement that this money
should be payd within a yeare after this time, weh Mr. Fen
ingaged accordingly.

[317] At a Court of Elections held Mat 28th, 1662, at
Newhauen, for Ye Jurisdiction.
The Governr declared that through ye goodnes of God they
had beene carried through another yeare, though with much
infirmity & weakenes, & himselfe more then ordinary, yet not
soe but through reflection God had brought him to y8 sight of
it, but yet was free to be responsable for any publicke transac
tion, & should be ready to giue answr to any brother or breth
ren coming to him in an orderly way, desireing to find pardon
& acceptance with God & acknowledging their patience & loue
in passing by any thing that hath beene done amisse ; none
objecting, they pceeded to vote.
Mr. WiUm Leete was chosen Governr.

1662]

jurisdiction of new haven.

451

Mr. Mathew Gilbert was chosen Deputy Governr.
M^ wStim Giobard, ( was chosen Magistrates for Newhauen.
Mr] RoSTeate'11116' j was chosen MaSistrates for MilforcL
Mr. Jasper Crane was chosen Magistrate for Brandford.
They all tooke oath, Mr. Fen desired to be vnderstood as the
last yeare.f
The Govern1 & Mr. Fen chosen Comissioners, & Mr. Treat
the third man, in case need require.
Roger Ailing chosen Treasurer.
James Bishop chosen Secretary.
Abraham Dowlitle chosen Marshall.
All for the yeare ensueinge.

Gene" Court held at Newhauen for the Jurisdic
tion, the 28th of Mat, 1662.
Present. Deputies.
John Cooper,
James Bishop,
Thomas Welch,
Richard Baldwin,
Mr. Rob4 Kitchell,
George Hubbard,
Mr. Richard Lawe,
Leift4 Francis Bell,
Leift4 Sam" Swaine,
Laurence Ward,

At a

The Gouernr,
The Deputy Gouern
Mr. Jones, ^
Mr. Gibbard
Mr. Fenne,
Mr. Treate,
Mr. Crane,

for Newhauen.

for Milford.

.Magis-
ftrates.

for Guilford.

for Stamford.

for Brandford.

* Mr. Jones with his wife, the daughter of Gov. Eaton, and the rest of his family,
arrived at Boston July 27, 1660, in the same ship which brought the two regicide
judges, Goff and Whalley. On the 23d of May, 1662, he took the oath of fidelity, with
the following caution, " That whereas the King hath beene proclaimed in this colony
to be or Soueraigne & we his Ioyall subjects, I doe take the said oath with subordina
tion to his Maj"e, hopeing his Majtie will confirme the said gouernment for the advance-
ml of Christs gospell, kingdom & ends, in this colony, vpon the foundations already
laid ; but in case of alteration of the gouernm1 in the fundamentalls thereof, then to be
free fro the said oath. He was also on the same day admitted a freeman and nomina
ted to be propounded to the court of election for a magistrate. N. H. Town Rec. ii. 372.
t Mr. Fenn had refused his consent to the declaration respecting Goffe and Whalley
made by the Commissioners of the United Colonies Sept. 5th, 1661, as we learn by the
Connecticut MS. of their records; the declaration is printed in Hazard ii. 451.

452 RECORDS OF THE [1662
The Court considering y4 ye former order about 24 houres
warning for attendance to towne meetings was sometimes
inconvenient, did alter it and order that if there be warning
giuen any time y8 day before, it shalbe counted sufficient.
It was ordered y4 all horses & mares of three yeares old &
aboue shall passe in rates at ten pound apiece till further order,
but this not to begin till next yeare.
It was ordered y4 y8 custome & excise for wine & strong
liquors be gathered vp by collectors for this yeare as formerly
[318] in y8 seuerall || plantations, & they to haue three shil
lings in y8 pound for w1 they soe gather vp for their care &
paines therein. The psons apointed was Roger Ailing for
Newhauen, Joseph Waters for Milford, John Fowler for Guil
ford, John Holly for Stamford, Tho: Turry for Southhold &
Laurence Ward for Brandford.
Concerning some ppositions prsented by Francis Browne of
Stamford, in y8 name of seuerall as he sd, the court saw cause
to answr as followeth, 1. for liberty for all to choose psons for
y8 carrieing on prudentiall affayres in y8 towne, &c, to which
y8 court saw cause to declare y 4 whateuer liberties or privilidges
or lawes doe allow them, that they should haue. 2. And for
y8 other pposition about paying rates equally at one price in
euery plantation, & y charge of transport to be borne by the
generall, it was agreed y1 all the other plantations being con
cerned in it they declared that they see not cause to make any
alteration in that for y8 prsent. 3. For ye busines about y8
colony schoole, the court considered ye matter & transmitted
it into the hands of ye comittee for y*- busines, desireing it may
be carried on to y8 ends for which it was first setled, or if they
see sufficient grounds, then to lay it downe. And for any other
matters concerning Stamford & Greenwich, they left it to the
govern1 and magistrates to issue when they come to Stamford.
It was agreed (vpon ye desire of Mr. Bishop & some others
of Stamford,) that y8 govern1, Mr. Fen & Mr. Crane should
goe to Stamford for the setting matters there in controuersie,
who was impowered to keepe court according to y8 power of
any plantation court extraordinarily assisted, & alsoe any
deputy of this court that should accompany them was impow
ered to assist them.

1662] JURISDICTION OF NEW HAVEN. 453
Mr. Richard Law & Leiftenn1 Francis Bell were chosen dep
uties for Stamford for y8 yeare ensueinge & was invested wlh
y8 same power as they had y8 last yeare, taking in with them
some others to assist them with the consent of y8 freemen, and
for their taking oath it was (vpon their" desire) left till ye
govern1 & magistrates should come to Stamford.
This Court not knowing what important affayres may hap
pen respecting this colony, betweene the sessio of this & the
next generall court, haue voted, & doe declare it to be their
minds, that y8 governr being imediatly informed thereof,
repayre to Newhauen, & there consult & advise w4h the magis
trates & elders of that place & of Brandford what is fit & safe
to be done in such an exigence, & to act & doe accordingly by
the major vote of such magistrates, vpon such concurrent
aduise of two or more of y8 elders, & to call in the aduise of ye
magistrate or magistrates of Milford or any other towne in this
colony, provided that the gouernr & such magistrates pceed
not to treate or conclude any thing y4 may haue tendencie to
change of ye present governm4, without a generall court be
first called by advise of such counsell, wherein this court prom-
iseth to stand by the sd governr & magistrates soe acting as
aforesd, & not otherwise.
[319] || Mr. Samuell Wakeman desired to ppound something
to y8 court about some monies stopt by y8 jurisdiction treas
urer which was due to his father from y8 jurisdiction, first con
cerning fiue pound eight shillings that was brought to account
after the auditt ; the matter appearing cleare, onely forgotten
by Mr. Wakman then, the court did allow it. 2. Concern
ing the wampom giuen in as jurisdiction stocke to y8 deputies
for sixty foure pounds, & they finding some at six a penny &
some at eight, the prsent treasurer Roger Ailing would not soe
accept without the allowance of this court, Leiftenn1 Bell, Mr.
Rob1 Kitchell & John Cooper testified y1 wn they audited Mr.
Wakemans accounts, then Mr. Wakeman told ym y1 this wam
pom was soe receiued, viz: some at six a penny & some at
eight ; therevpon this court allowed it soe to be receiued (as
it was writ vpon) by y8 treasurer, the jurisdictio bearing ye
losse. 3. Concerning twenty shillings wanting in tale in a

454 RECORDS OF THE [1662
parcell of wampom y4 was sent to y8 Dutch by Mr. Hodshon,
Mr. Sam" Kitchell testified that it was ten pound sent in a
basket by his father Wakeman to be put off, & he further sd y4
his father receiued it for ten pound but coming backe vpon y8
tale of it to Roger Ailing there was but nine pound ; this was
alsoe granted to be allowed them. 4. Concerning ye differ-
ance betwixt his fathers accounts & y8 comissionrs conclusions
in y8 yeare 1660, of about twenty pound in wampom, how to
reconcile them they could not yet find, but for clearing it
pduced a writing vnder the hand of Mr. Allen which was read,
but the thing not appearing cleare this court left it to y8 court
of Newhauen to view Mr. Wakemans booke & issue the busines
betwixt them, & therein to rest satisfied.
Tho: Kimberly, y4 was marshall, ppounded for forty shillings
for his charges & trouble about Mr. Rossetr & his sonne, & for
20s for his extraordinary trouble y8 last yeare. The court
considering the matter did allow him fifty shillings in all for
both. John Cooper ppounded (in ye behalfe of Captaine Clearke)
that the wine & liquors drawne at jron workes might be cus
tome free. The court considering his motion did grant that
one butt of wine & one barrill of liquors should be free, but
what more is sold to pay as others doe.
There being noe time before the election to issue the busines
of Mr. Rossetr fo his son j0hn, it came to be considered by
this court, Mr. Allen & Mr. Willis of Connecticut waiting to
to see an issue of the busines, prtending to be friends to vs &
friends to peace, labouring w4h Mr. Rosseter & his son to bring
him to some acknowledgem4 of euill; they did each of ym
prsent a writing to the court subscribed w4h their owne hands
by way of acknowledgem4, but y8 court finding them to come
short of their expectation did adde some expressions by way
of imendaco & returned them backe & concluded y4 if they
came vp to them ingeniously they would accept them, they
leauing it to the court to giue satisfaction for the charges
expended about them, but after Mr. Rossetr & his son had
[320] pvsed the writings they came to y8 || court & sd, (first
Mr. Rossetr,) t^at he nad pvsed their paper & he could not

1662] JURISDICTION OF NEW HAVEN. 455
accept it wlhout wronging himselfe, & therefore desired ye
court to pceed to his triall, for he should rather submit to ye
censure of ye court wteuer it be then to subscribe to that
writing. The Govern1 answrd they should consider , of it & giue him
an answr.
Then Jn° Rosset1 sd he had subscribed to y1 which was sent
to him & desired it might be accepted, but they both being
conjoined together the matter was left to a further considera
tion, and in ye issue the court concluded to leaue it to a
comittee of six of ye members of ye court, with ye aduise &
concurrence of ye elders then present, & the issue to be ratified
if foure of those six agree with the aduise & concurrence of ye
elders aforesd, (the psons agreed vpon was the govern1, Mr.
Jones, Mr. Fen, Mr. Treat, Mr. Crane and Richard Baldwin,
the elders were Mr. Davenport, Mr. Street and Mr. Pearson,)
but the comittee was told by seuerall of y8 court that it would
neuer be satisfieing to ye country if something was not obtained
for y8 defraying of charges & expenses.
Soe after y8 comittee had debated ye matter with Mr. Ros
setr fo his son in ye prSence of M1'. Allen, Mr. Willis & the
elders aforesd, they brought as the result & conclusion of the
matter vnder the hand of y8 gouemr, viz: That this gen" court
haueing considered y8 contents of the paper within written did
apoint a comittee of six members of y8 court wlh yB aduise &
concurrence of the elders then prsent as aforesd, which comit
tee (in y8 prsence & by the mediatio of Mr. Allen & Mr. Willis
who had long waited, laboured & desired to see an issue in ye
busines with Mr. Rossetr depending,) did with consent of the
aforesd elders & their concurrence accept of y8 acknowledgm1
& pmises of Mr. Rosset1 & his son John, set downe in this &
another paper vnder the hand of John Rossitr, together wlh
their solemne engagem1 made not to act any thing of psecutio
or molestation against court or courts, officer or officers, or
other psons belonging to y8 colony of Newhauen any where to
disturbe their peace, without y8 advise & consent of Mr. Allen,
Mr. Willis & Mr. Streete, (Mr. Davenport was alsoe after
added,) who pfesse themselues to be or friends as well as his,

456 " RECORDS OF THE [1662
& friends to peace, in respect to whose labor of loue & paines,
as alsoe for Mr. Rossitrs further conviction & better carriage,
the comittee thus did condescend. Their acknowledgm48
follow, Whereas much trouble hath ensued vpon his deniall of this
prsent gouerm4 of Newhauen, he did see cause to owne y4 in
seuerall passages & expressions he had been very rash & incon
siderate, &, he could freely say, offensiue, & he was truly sorry
that he had had noe better rule of his owne spirit, & he was
very sorry y4 he did soe suddenly take occasion to decline the
good & seasonable counsell & advise of Mr. Davenport, which
he honored, & resolued agst when he came to ye court, soe far
as any writing hath been giuen forth by him to pmote any
vnjust or publicke disturbance, & for y8 future he resolues
against the disturbance of the place & gouerm4, & to submit to
it for future, whiles he continue vnder it, & he hoped the can
dor & clemency of this court in accepting heereof will not
repent them. Bray Rosseter.
May 27, (62.)
[321] j| Whereas besides some offensiue expressions & car
riages against the authority & lawes, there hath beene witnessed
some speeches of mine either against the church or any person
or persons in Newhauen, I doe condemne such speeches as
scandalous & very offensiue, & shall acknowledge it according
to rule vnto y8 persons injured, desireing pardon, promising
and resoluing (w4h Gods helpe) to be more watchfull against
any such rash & puokeing expressions for y8 future, and doe
pmise to auoyd any disturbance of y8 publique peace & gouern
ment of this jurisdiction, and to submit to this gouerment while
I continue in y" jurisdiction. John Rosseter.
There being noe deputies come from Southhold to this court,
the court taking theire state into consideration agreed to send
the two following orders by the hand of Thomas Turry, which
was done, viz:
This Gen" Court now assembled, after some expectatio of
your deputies cofninge ouer as formerly, were vpon Thomas
Turries arriuall giuen to vnderstand that there was not any
to be expected at this session of ye court, wherevpon this gen"
court for y8 colonyof Newhauen tooke into consideration (after
they had consulted with ye sd Thomas Turry,) w1 might
pbably best conduce to the good of Southhold, and in order
wherevnto they haue by this court chosen Mr. WiUm Wells &

1662] JURISDICTION OF NEW HAVEN. 457
Capt' John Younge comission", wlh three such othrs of yor
freemen as by y8 sd freemen shalbe chosen assistants vnto
them, and which shaU haue ye same power to appoint &
keepe courts for ye triall of all cases in Southhold for this
yeare ensueinge as oft as they shall ordinarily or extraordina
rily judge needfull, according to the same commissions granted
vnto them ye last yeare, and whoe are by this court authorised
to administer their oathes one of them vnto anothr, & either
of ye sd comission" vnto ye rest.
To ye Deputie or Deputies of Southhold.
Whereas ye Gen" Court for this Colony now sitting at New
hauen are informed y1 seuerall psons of yor towne & plantatio
haue refused to pay their rates layd & demanded according to
the lawes of this jurisdiction, you are therefore hereby, in ye
name of the sd gen" court, to aske, demand & require y° sd
rates of them & euery of ym who are yet behind, & pay the
same into ye hands of such as are apointed by you to receiue
ye said rates & to returne ye same to ye treasurer at New
hauen ; and for default of such paym1 to returne the name or
names of such person or psons soe refuseing to this court to be
pceeded against according to law.
Francis Browne of Stamford desireing of ye court both for
himselfe & in y8 name of diuers of Stamford as he sd, that they
might haue ye helpe of ye gouernr & some magistrates to
keepe court at Stamford, for ye. issueing of some differances
there, he being asked whoe should beare their charges?
answered that they would doe it.
[322] || It was ordered y1 a single rate be leuied from all ye
plantations & pprietors of Paugausett to be payd into ye juris
diction treasurer att New Hauen in such pay, & at such prizes,
& at such time as formerly. Which is thus pportioned,

New Hauen,

741

02s

04d.

Milford,

46

02

08.

Guilford,

31

10

06.

Stamford,

24

19

08.

Brandford,

14

12

08J.

Paugausett,

01

18

05.

193

06

08i.

- - 2 - ^
Southholds pportion was not brought in.
58

458 records of the [1662
At a Meeting of Te Comittee for Te Colont Schoole, at
New Hauen the 18th 0f June, 1662.
The Comittee considering of ye busines left to them about
ye laying downe or continueing of ye colony schoole, after
serious debate of the busines did thus conclude, that finding
not sufficient grounds of discouragement at prsent soe as to
lay it downe, did leaue it to goe on for further tryall, vntill the
gen" court should againe meete, desireing that those whoe
* haue any children fit to send that they would send them to it
for ye incouragem1 of ye schoole.

At a Court of Magistrates held at Newhauen the 15th
of Octob: 1662.
Present, the Gouernr, De: Govr, Mr. Jones, Mr. Fen, Mr.
Treate & Mr. Crane.
Taphanse an Indian was brought before ye court, whoe hath
a long time since lay vnder a suspicion of being guilty of ye
death of one John Whitmore of Stamford, but by his flieing
(as was informed by y8 govern1) hath euaded comeing to a
triall, but of late haueing intelligence that he might be taken
the gouernr S(j jie gaue order for his apprhending, according
to the order of ye comission" formerly, which was accordingly
done, & hath been kept in durance for some space of time.
The gouernr alsoe informed ye court y1 he had acquainted y
comissionrs lately wth what was done, which they well approued
& desired ye matter might be brought to an issue concerning
him, for which cause he was now called before ye court, &
there was Mr. Minor prsent to be the interp'ter betwixt them,
who first informed ye Indian vpon w4 account he was there, to
pruent any prjudice against him ; then he was wished to tell
Taphanse that ye court was met to attend the busines for
which he was examined about at Stamford, then his examina-
[323] tion taken at Stamford was prsented & read, || then
some questions was put to him vnto which he was to giue
answr. 1 Que:, whether he was guilty or not guilty of ye

1662] JURISDICTION OF NEW HAVEN. 459
death of John Whitmore. He answered not guilty. 2 Qu.
then why did he fly away ? He answered y1 he did not run
away, but was sent to ye place where the murderer was & did
not at all run away. The gouernr told him y4 y1 was not
according to his formr answr, for he being with some others
giuen them ye slip.
Taphanse desired that y1 .might be cleared, for which some
testimonies was read, & first the testimony of John Mead,
which is as followeth, viz:
That he being at goodman Lawes house about sunrising ye
second morning after goodman Whitmores missing, in short
time after him Taphanse came in & told goodman Law y4
Ponas had sent him, & told him y4 there was an English man
killd, goodman Lawes askt him where it was y4 ye English
man was kild, Taphanse answered y4 he knew not how far off,
whether ten, twety or thirty miles off, but pointed to goodma
Law y4 it was vp the riuer ward, Goodman Laws askt him
whoe or w4 Indian it was y4 killd y8 man, Taphanse sd it was
an Indian y4 liued vp neare the Mohaukes & y4 y4 Indian told
them at their wigwams y4 he would kill an English man, & y4
they pferred him wampom not to doe it & y4 y8 Indian would
not receiue ye wampom but went away very angrie, & further
y4 vpon goodman Laws questioning w4h him he sd y4 this
Indian (nameing him Taquatoes) went away in hast & left a
stocking at their wigwams ; goodman Laws spoke to him to
stay & he would goe wth him to the wigwom, & as they were
goeing he trembled & shakt soe y1 seuerall of vs tooke notice
of it & goodman Laws tooke notice of it wlh ye rest & sd y1 his
carriage argued guilt, & when they came to the wigwom,
Taphanse shewed them the stocking (which he sd) Taquatoes
left behind, and further saith y1 Taphanse slipt into anothr
wigwom, & soe from wigwom to wigwom, & soe slipt away
from ym & returned not wlh them to helpe looke y8 man y1
was kild as he had pmised to doe at goodman Lawes house,
although seuerall Indians y4 had not pmised (as he knew of)
came from thence wth them to helpe looke y8 man as they
prtended. Stamford, July 2d, 1662, attested vpon oath,
John Mead, h f v„ ) Fra: Bell,
his I marke. bel° ° ' \ Richard Law.
The testimony of Richard Ambler, he affirmeth as followeth,
viz: That he wlh goodman Jessop came to goodman Laws y1
morning Taphanse brought the newes of an English man being
kfild, & y1 goodman Lawes askt Taphanse how he knew there

460 RECORDS OF THE [1662
was an English man killd, y4 Taphanse answered y1 there was
an Indian at their wigwoms before & sd he would kill an Eng
lish man, & y4 after he had killd him y8 Indian came againe &
brought w4h him a shirt & a paire of stockings & y4 some of ye
things was bloody ; this Richard Ambler affirmeth y4 goodm
Lawes declared to them whoe was there as interprting w4
Taphanse sd, and y4 in reference to their goeing to the wig
wams, y4 Taphanse pmised to returne w4h them againe &
helpe looke the English man, & in their goeing he was very
fearefull, & trembled & quaked much, soe y4 he & ye rest tooke
[324] || great notice of it & sd often one to anothr & goodman
Law with the rest, y4 he thought Taphanse was guilty of ye
blood of ye man, & y1 when they came to y8 wigwoms, Taphanse
shewed them a stocking which hee sd Taquatoes left there, &
notwithstanding his pmise to returne with them he gaue them
y8 slip & returned not, yet seuerall othr Indians came thence
to helpe looke ye man with them. Furthermore he saith y4
the stocking which Taphanse shewed them and told them y1
Taquatoes left there was bloody.
This 2d of y8 5th m°: 1662, giuen in before vs vpon oath,
Richard Law,
Francis Bell.
These being read & told him by y" interprter, Taphanse
answered that he is not guilty of these things, viz: of his rufiing
away at y1 time, & denied those things about y8 stockings, &
sd alsoe it was a mistake y1 euer they see any of those things
soe far as they went with him, & further sd that after this he
went vp further into y8 country. But to cleare y8 first of his
runing away the gouernor told him y1 one time Vncus he was
sent to seeke the dead body & this Taphanse was with him
wlh other Indians, and as they was rosting of venison, Taphanse
goeing a litle from them ran away, soe y1 Vncus brought word
that Taphanse was matchet. Taphanse being told this, he
acknowledged it y1 it was soe & that he did very Ul in soe
doeing, and being askt the -reason of it, he sd that an Indian
came & told him y4 Vncus would take him & carry him away
& therefore bid him run away & soe he did. Then it was put
to him why he should run away more then another Indian if
he was cleare, the gouernr sd they had neuer any good answr
of it; he answrd if he knew himselfe guilty he would speake,
but he was afrayd & therefore did fly, & is sorry he soe did, for
he did euill & gaue just cause of suspicion.

1662] JURISDICTION OF NEW HAVEN. 461
Then he was asked how he knew y1 Taquatoes did y8 mur
der, because he alwayes sd it, was he by ? He answered he
had it from an Indian, and named his name, & sd that ye
sachem of Crowton sent an India to Ponas, (the next day after
Jn° Whitmore was killd,) to tell them y1 an English man was
killd, & it was about sunset & they aduised Taphanse not to
come to tell ye English while next morning. Now this Crow-
ton is neare 40 miles from thence, which caused this question
to him, How Taquatoes could doe this murder y1 day & after
goe to Crowton, (seeing it was about eleuen of clocke when
John Whitmore went out of Stamford,) & then send downe
this word the next day to Ponas ? Taphanse answered that it
is not halfe a dayes journie if he stir betimes. Then he was
askt whether he saw Taquatoes that day John Whitmore was
killed ? He answrd that two dayes before he was at Norwalke
& saw him there, but whether he went he knew not, & that
he knew nothing of his intendment & sd he gaue them his
heart in this. Then he was askt whether he was at John
Whitmores house y1 day he was killd ? He answered noe, nor
at Stamford all that day ; and being asked where he was then,
he sd at his fathers, making of wampom. Now here was a
testimony of Anne Akerly read, which is as followeth, viz: —
[325] || The testimony of Anne Akerly, widdow, of about
seuenty fiue yeares of age. The sd deponent vpon oath testi
fieth that ye same day (a litle in y afternoone) that goodman
Whitmore was killed, shee did see the Indian called Taphanse
at goodman Whitmores house with othr Indians, & y sd
Taphanse shooke her (the wife of goodm Whitmore) by ye
hand, and asked her where her netop was, for he soe big loued
her netop, then she replied that shee could not tell.
This deposed vnto vpon the 2d July, 1662.
before vs, £raj BTe11'
' Rich: Law.
And it was sd y1 vpon this goodwife Whitmore was in such
an extacy that shee feared some mischeife was befallen her
husband, & it was sd y1 seuerall at Stamford saith ye same
that goodw: Whitmore sd soe, & y1 Taphanse lies in this
busines. He answered, what shall he say if testimony come
in against him, but if he speake the truth he must say he was
not there & y1 it was a mistake & y1 she would not speake it

462 RECORDS OF THE [1662
to his face, & this (ye interprter sd) he spake in such a phrase
as noted his confirmation of it more then ordinary, that if
Manatue was here he would say the same as he doth. Then
he was questioned about another passage that rendered him
very suspicious, y1 he knowing himselfe & Taquatoes vnder
suspicion in this busines & yet he seeing Taquatoes at Stam
ford y8 last winter & yet did not discouer, (which might haue
been a fayre way to haue cleared himselfe,) but hides the
guilty pson. He answered that was very true that case might
make him suspicious, but the English neuer spake to him
to doe it, & if he had done it it had beene a faire way;
hee confest he did foolishly. Then he was askt how he came
to goe soe readily to the place when they went to looke the
body, when as he had shewed a strangenes before as if he
knew nothing ? He answered y4 he knew it well enough, for
Taquatoes told him y8 very place of ground. He was askt
how he came to know it? He sd that Mr. Lawes sent him to
know it of Taquatoes, & being at Mattatuckes he was weary &
soe sent by an Indian to wish Toquatoes to meet him there, &
soe he did & told him y8 place; and further sd he thinkes
many English here knowes the murderer & that neither Eng
lish nor Indian could say that two kild the man. Then
Taphanse was askt if he had any thing else to say? He
answrd all he hath to say is y4 he is innocent. Then the
whole examinatio was read, & Mr. Minor ye interprter was
asked if it was according to truth. He answered it was fully
expressed, not more nor lesse, but very well. Then Taphanse
was askt how he came to haue such corospondencie with
Taquatoes about this thing more then another Indian ? He
answered as before, that Mr. Lawes sent him to know it of
Taquatoes, &c. He was asked if the Indians at Mattatuckes
was friends to Taquatoes? He answrd that it was all one his
owne countrie. Then Mr. Minor sd that he had been often
among the Indians when mischeife was done among ye English,
& that those Indians that was innocent would tremble for feare.
The Court considering the case pceeded to sentence, which
the gouernor in the name of y8 court declared thus as follow
eth, viz:

1662] JURISDICTION OF NEW HAVEN. 463
[326] || That it appeares to them and to all standers by
against him, that he is by his owne acknowledgement to be
suspected of being accessary to this mans murder, both in his
trembling & comeing to the wigwam that he slipt away con
trary to his pmise of helpe, & another time vpon y8 same
account wlh Vncus both of trembling & running away, & this
to be added that he is guilty of lieing about y8 stockinge, &c,
<fe in y1 othr passage as is testified by one vpon oath & was sd by
many at Stamford that the children & wife of John Whitmore
often sd it that he was at their house that day in such a faun-
ing way, & that comeing of Taquatoes to meete him at Matta
tuckes shewes corospondencie with him & y1 this (as he saith)
of Mr. Lawes sending him was neuer brought to them at
Stamford, alsoe that other passage of his not discouering of
Toquatoes when he was at Stamford, which was a duty vpon
him for his owne clearing whoe stood supicious of guilt, that
in y8 whole there stands a blott vpon him of suspicion that
there was sufficient ground for his appending & comitting to
durance, & all y1 he hath sd at this time canot cleare him of a
stayne of suspicion ; but as being guilty of ye murder directly
or accessary he did pnounce him not guilty in point of death,
but yet must declare him to stand bound to pay all charges
that hath beene about, him, & leaue him guilty of suspicion, &
y1 he stands bound as his duty to doe his best endeauor to
obtaine ye murderer, & now to remaine in durance vntill ye
next session of y8 court about a fortnight hence, except he can
giue some assurance of his payinge the charge before, which
charge was concluded to be ten pound.
Taphanse answered that he would doe his vtmost endeuor
to pcure Taquatoes, & for the charge he is poore but he will
send to his friends to see w1 may be done in it, but desired y1
his chaine may bee taken off. He was told then he would run
away. He answered that vpon his running away he confesses
himselfe guilty & sd they should kill him. Vpon this he was
granted to be at liberty soe y1 he appeare at the next meeting
of yB court, which he pmised soe to doe although he could not
obtaine the money.
John Cooper ppounded that there might be a review of the

464 RECORDS OF THE [1662
action concerning y8 mare sometimes iu question betwixt Mr.
Pierson and himselfe w4h Mathew Moulthrop senior, which
was issued at a court of magistrates held the 28th of May,
1660, but was left with this liberty of a review for him or any
other y1 could lay a better claime ; he desired therefore the
matter^might be considered & what he had further to say in
y8 case, for he thought the thing stood not vpon its right bases.
He desired his witnesses might speake & y1 ye testimony of
Jonathan, seruaht to Mr. Peirson, giuen in court May 23th,
1659, may be considered & he would answr to it, which case
is at large in page 195 & 196 of this booke ; & first the testi
mony of Serj4 Beckly was read, as in page 196, & he now
prsent tooke oath to it; Mr. Peirson being askt if he did accept
[327] it, answered y4 he should leaue it to y8 court. || Then
John Coopr desired Thomas Harrison might speake, whoe
testified vpon oath by way of addition, viz: that y4 colt which
he then sd was a bay was that which goodman Cooper bought
of John Wood, & by way of explanation now* saith was a
blacke bay.
Then John Cooper desired y4 Mathew Moulthrop junior
might speake, whoe testified as followeth, viz: first that this
mare which Mr. Peirson hath in his possession is y4 which
goodman Cooper bought of John Wood. Math: Moulthrop
senior sd he could say y8 same. 2. That he saw this mare
when it was marked on ye eare by goodman Cooper in his
fathers yard, being taken vp by his father for John Wood &
left tied there, & then John Wood went & sold it to goodman
Cooper, & y* he saw John Wood deliuer it to goodman Cooper.
3. That about foure or fiue moneths after he was there when
shee was branded & he saw the marke on ye eare which good-
man Cooper gaue, & then y8 cut was growne vp but they felt ye
seame. Math: Moulthrop senior sd alsoe y4 he saw it with his
eyes & saw it often.
Mr. Peirson put this question (then) whether John Wood
had power to sell his mare ?
John Cooper further sd that Edmund Toolie could speake
something further to y8" case, but he was not yet come from
Branford as he expected him.

1662] JURISDICTION OF NEW HAVEN. 465
Mathew Moulthrop senior then declared that he knew the
mare of Westalls or John Woods before she had a foale &
there was another the yeare before shee was carried vp to Con
necticut, & the next spring betimes shee was come downe &
he saw her with a young colt at a meadow called Mr. Cranes
meadow, which colt he takes to be this mare which Mr. Peir
son hath in his possession. He further sd that he alsoe knew
Mr. Peirsons mare & saw her y4 same yeare with a colt with
her of a dun coulor & soe kept its coulor that yeare, and y8
next spring after he saw Mr. Peirsons mare & then shee had
noe colt with her that he thought it was lost y4 winter.
Mr. Peirson then sd that he knew his colt when it sucked &
tooke notice of it y4 sumer, & that y" next sumer after he saw
such a colt which he tooke to be his.
Abraham Dowlitle ppounded to haue fiue pound for keeping
the Indian Taphanse about seuenteene weekes time for all his '
charges and trouble about him. The court thought it moder
ate & granted it.
It was agreed & ordered y4 the 23th day of this moneth be
kept a day of publicke thankesgiueing through y8 colony on ye
maine, (excepting Stamford, not haueing sufficient time to
giue them notice, therefore it was left to them to take the
[328] fittest season,) for the mercies of y8 yeare past, || and
that the 29th day of this moneth be kept a day of extraordinary
seeking of God by fasting & prayer for his guidance of the
polony in this weighty busines about joineing with Connecti-
cutt colony, &c,* & for the aflicted state of y8 church & people
of God in or natiue country & in other parts of y8 world.
* The charter granted to Connecticut was presented and read at the meeting of the
Commissioners of the United Colonies in Boston, September, 1662, who took notice of
his Majesties favor as being very acceptable to them, and advised " that wherein others
may be concerned, the said gentlemen wlh such others doe attend such waies as may
conduce to righteousnes, peace and amity, and that the fauour shewed to ye said
colony, or any other, may be ioyntly improued for the benefit of all concerned in the
said charter."
In the margin of that copy of the Records of the Comissioners printed in ii. Hazard
St. P. is the following note, which is not found in the Connecticut MS. " Wee can
not as yett say that the procurement of this Pattent wilbe acceptable to vs or our
Collonie, Willam Leet, Benjamine Fen."
The General Assembly of Connecticut, at its session begun October 9th, 1662,
having received information that the major part of tne inhabitants of Southold had
empowered Capt. John Toung as their deputy, accepted that town under its govern-
59

466 RECORDS OF THE [1662
The will of WiUm Potter being referred by Newhauen court
to this court, was prsented, and by widdow Potter desired to
know ye mind of ye court whether it should stand or noe,
(which being read,) it was asked her if any had any thing to
say against it ? She answered yea, her sonne Joseph, but after
some speech with him Joseph sd that his mother & he had
agreed & was satisfied y4 it should stand, & the widdow declared
ye same in reference to her other children. Then ye court
vpon that ground that nothing being prsented by any to ye
contrary ordered it to stand, & left it to Newhauen court for
ye prooueing of it & to order that part which concemes ye
children. WiUm Payne appeared to make complaint against John
Frost for some sinfull miscarriages towards his children & some
others. John Frost haueing beene examined before ye magis
trates of Newhauen, Septemb. 84h. (62,) was comitted to
prison & after bound ouer for his apearance at. this court,
whoe being called now appeared. Then WiUm Paine was
calld to speake what he had to lay against him, whoe desired
y1 his children might speake, & being called, first his sonne
John Payne spake as followeth, viz.
[About three pages of the manuscript containing the testimony in this trial, are
omitted.] [331] The Court haueing considered y8 matter pceeded to
sentence, which is as followeth, viz:
That John Frost be corporally punished by whipping, & for
his inveiglements by gift, as shee saith, & he makes noe proof
to y8 contrary, but graunts y1 he made loue to her without the
ment, appointing Capt. Toiing a commissioner with the power of a particular magis
trate, and admitted some twenty-five of the inhabitants freemen.
Several inhabitants of Guilford tendering themselves, their persons and estates, were
accepted and promised protection, and were advised to carry peaceably and religiously
toward their neighbors who had not yet submitted, and to pay their just dues to the
minister and other public charges due to that day.
Stamford and Greenwich were likewise accepted, upon the same terms and provis
ions as directed for the inhabitants of Guilford, and Richard Vowles sworn constable
for Greenwich, and Robert Usher appointed for Stamford.
A committee was also chosen, consisting of Mr. Mathew Allyn, Mr. Wyllys, Mr.
Stone and Mr. Hooker, " to go down to N. Hauen to treat w"> ye gent: and others of
or lo: freinds there." They arrived at New Haven during this session of the court,
(Oct. 16 or 17,) and presented a copy of the charter, and another paper which is found
post p. 468.

1^62] JURISDICTION OF NEW HAVEN. 467
knowledge and consent of her parents, that he pay forty shil
lings as a fine to ye jurisdictio, according to the law.
And for Mercy Payne, that shee alsoe be corporally pun
ished by whipping, for her sinfull compliance with him in such
wickednes, as herselfe confesseth.
And for John Payne, that he be whipt in y8 family.
Wm Payne pleaded that his daughter had some weakenes
[332] vpon her || since the women had searched, which was
not fit to be mentioned here, & therefore desired that her pun
ishm1 might be forborne & passe it by with a fine. The court
considered of what he had to say the next morning & did
revoke the former sentence concerning her & did sentence
that he pay for her fifty shillings as a fine to the jurisdiction,
and for any damages & just charges which hee pleaded, it was
left to Newhauen court to consider of when hee should prsent
them, & to allow him that which is according to law.
It was agreed to bee ppounded to the seuerall plantations
that all due meanes be vsed for y8 staying of hides & leather
till furthr order.

At a Meeting of ve Freemen of Newhauen Colony, held
att Newhauen, November 4th, 1662.
The Gouernr informed them that they was not ignorant of
y8 occasion of this meeting,* they knowing that some gent' of
* On the 31st of October, two days after the fast, there had been a general court or
town meeting at New Haven, when the Deputy Governor read to the assembly the
copy of the Charter and the writing from Connecticut, with the answer given to it by
the New Haven committee, and desired them to consider what further answer to
return. The following from the New Haven Town"Rec. iii. 7, shews what proceed
ings took place.
" Mr. John Davenport, pastor of y church of Christ at Newhauen, declared vnto the
towne that he wrote to Mr. Winthrop (before he went to England) not to haue any
hand in such an vnrighteous act as to involve vs in their Pattent. To which he writt
to him in two lettrs, one from Mattabesicke & another from y Manhatoes at his goeing
away, part of which was read, wherein he expressed his contrary purpose & the ex
pressions of some other of their magistrates to ye same purpose. And alsoe Mr. Daven
port prsented a letf (which' he receiued ye last night from Mr. Rich Lawes of Stam
ford) and read it to y towne, wherein was intimated their sad state by reason of
ye turbulent carriages of some of their inhabitants which Connecticot colony had
admitted, & soe dismembred vs, & some would say they was rebells against y« king
& ya jurisdiction of Conecticot. Alsoe he further informed y towne of ye treatie they

468 RECORDS OF THE [1662
Conecticutt had beene here, & had left a coppie of their Pat-
tent & another writing vnder their hands, both which was now
read, and alsoe the answr of or comittee to their writing,
which writing & answr is as followeth,
To or much Honord & Bevernd Freinds of Newhauen, Mil
ford, &c, to be comunicated to all whom it may concerne.
We declare y1 through ye good puidence of ye Most High,
a large and ample Pattent, & therein desireable privilidges &
ifhunities from his Majtie, being come to or hands, (a coppy
whereof we haue left with you to be considered,) and yorselues
vpon ye sea coast being included & interessed therein, the
Kinge haueing vnited vs in one body politique, we according
to ye comission wherewith wee are betrusted by y8 Genu
Assembly of Cofiecticott doe declare in their name that it is
both their & or earnest desire y1 there may be a happy and
comfortable vnion betweene yorselues-& vs, according to the
tenor of y8 Charter, that inconueniences & dangers may be
pruented, and peace & truth strengthened & established,
through or sutable subjection to y8 tearmes of ye Pattent, and
the good blessing of God vpon vs therein.
We doe desire a seasonable Mathew Allyn,
returne herevnto. .Samii Willis,
Samii Stone,
Sam" Hooker,
Joseph Fitch.
had with those gent, of Conecticut aforesd, & how they had shewed them ye wrong
they had done vs, in dismembring of vs at Stamford, Guilford, & Southhold, & all
this before they had consulted with vs, & shewed them their euill therein, but received "
noe satisfaction from them about it.
" Mr. Davenport alsoe ppounded sundrie reasons to be considered, both why we was
not included in Connecticutt Pattent, and alsoe why wee may not voluntarily joine
with them, with some directions w' answ' to returne, that soe they may see their euill
in what they haue done & restore vs to or former state, that soe we & they may hue
together in vnitie & amitie for y future.
" The Deputy Governr declared yl y things spoken by Mr. Davenport was of great
weight, and he desired all present would seriously consider of them.
" M'. Streete, teacher of ye church of Christ at Newhauen, declared that he looked
vpon the reasons ppounded by M'. Davenporte to be vnanswerable & yt both church
& towne had cause to blesse God for the wisdome held forth in them & wished them
to keep ey= ends & rules of Christ in their eye & then God would stand by them, & did
second the directions giuen, with one scripture, out of Esay 14, 32, & from thence did
advise yt our answers should be of fayth & influenced with faith & not of feare.
" The matter was largely debated & sundrie exprest themselues as disliking the
pceedings of Connecticot in this busines, as Leiftenn1 Nash, M'. Tuttle, Mr. Powell, &c,
& desired some answer might be giuen yt way with a desire of restoring vs to o' former
state againe, and then by generall vote declared their disapproouing of ye maner of
Conecticutt Colonies pceeding in this busines."

1662]

JURISDICTION OF NEW HAVEN.

469

To or much Honors & Eeuerend Freinds, the Comission" from
the Gen'i Court of Conecticott, to be comunicated, &o.
Much Honord & Reverend,
We haue receiued & pvsed yor writing, and heard the coppy
readof hisMajties L'res Patients to Conecticott Colony, wherein
although we doe not find the Colony of Newhauen expressly
[333] included, yet to shew or desire that matters may || be
issued in y8 conserving of peace & amitie with righteousnes
between them & vs, we shall comunicate yor writing & ye
coppy of y8 Pattent to or freemen, and afterwards w4h conuen-
ient speed returne their answer. Only we desire y1 ye issueing
of matters may be respited vntill we may receiue fuller inform
ation from the Honord Mr. Winthrop or satisfaction otherwise,
and y4 in the meane time this Colony may remaine distinct,
intire & [vn] interrupted, as heretofore, which we hope you
will see cause loueingly to consent vnto, & signify y8 same to
vs with conuenient speed.
[Newhaven,
174h of Octobr,
1662.]*

* The date and the names of the magistrates and elders who signed this' answer are

470 RECORDS OF THE [1662
Then ye Gouemor told ym y1 they had heard ye writings &
pattent, & there was two things in their writing to be answered
too ; first, that they declare vs to be by y8 king made one body
politique wth ym fo interessed in their pattent; 2, they desire
a happy & comfortable vnion for peace & truths sake, &c, now
to these two you must giue answr, & then dismissed ye assent
bly to consider of it for y8 space of one houre & halfe, & then
to meete againe at y8 beate of the drum.
Then y8 company being come togethr in y8 afternoone, the
gouern1 told ym y1 they knew w1 was left with ym, for they had
heard y8 pattent & the writings read, therefore he desired to
know their minds, for he hoped they might haue some helpe
from among orselues, mentioning Mr. Davenport.
Then Mr. Davenport (pastor of y8 church of Christ at N.
Hauen) sd that according to this occasion he should discharge
the duty of his place & should reade to them his owne thoughts,
(which he had set downe in writing,) which he desired might
remaine his owne till they was fully satisfied in them, & furth1
sd he should leaue others to walke according to ye light that
God should giue them in this busines, & soe read some reasons
why we was not included in y8 pattent, & alsoe why wee might
not voluntaryly joine with them, & soe vpon desire of some left
his writing with them to consider of.
Then ye Gouernr told ym that they had heard the thoughts
of Mr. Davenport concerning both y8 pts of y8 writing & had
left them with them y1 they may doe y1 which may be to Gods
acceptance, therefore desired them to speake their minds freely,
for he desired y4 the freemen themselues would giue the sub
stance of the answer voluntarily. The gouernr further sd y4
for his part he should not be forward to leade them in this
case, least any should thinke him ambitious of the place, but
desired that y4 might be done which is according to the will
of God. Then the matter being largely debated, at last came
to this conclusion, to haue an answer drawne vp out of these
three heads; first, that there be due witnesbearing against
not upon the Record, but are taken in fac simile from the original document,, (which
is in the handwriting of William Jones,) preserved among the Records in the State
Library at Hartford, Miscellaneous, i. doc. 68.

1662] JURISDICTION OF NEW HAVEN. 471
their sin; 2, that there may be a deferring of things till
Mr. Winthrops coming, or we n satisfaction otherwise, & y4
we remaine in y8 same state as we are till then; 3, that we can
doe nothing till wee consult with the other confederates.
Then the aduise of y8 comission" about this pattent was read,
& considered how contrary to that righteousnes, amity &
peace, or neighbors of Conecticott had carried towards vs.
Then they considered of a comittee to draw vp an answr into
forme & to annex some weighty argum4s therevnto, to send to
y8 gene1' assembly of Conecticott, & considered alsoe about
making addresse to his Majtie if or answr prvaile not. The
[334] comittee apointed was || the Magistrates & Elders of
this Colony in generall, w4h bro. Law of Stamford, & these to
conclude according to the major part of them in session. It
was left w4h this comittee to send this answr, &c. to w4 pson
they see most conuenient, to be comunicated to their gen"
assembly. The freemen expressed themselues desirous y4 the magis
trates would goe on in their worke, & they looked vpon them
selues bound to stand by them according to or lawes here
estabfished.

Novemb: 5th. At a Gene11 Court held at Newhauen for
ve Jurisdictio, 1662.
It was ppounded as a thing left (to be issued at the next
gen11 court after May last,) by ye comittee for y8 schoole,
whether they would continue y8 colony schoole or lay it downe.
The busines being debated, it came to this conclusion, that
considering y8 distraction of y° time, that y8 end is not attained
for which it was settled noe way pportionable to ye charges
expended, & that y8 colony is in expectation of vnavoydable
necessary charges to be expended, did conclude to lay it
downe, & the charges to cease wn this halfe yeare is vp at ye
end of this moneth.
It was ppounded & considered about N. Hauen paying
backe part of the 100u graunted for the incouragem4 of ye

472 RECORDS OF THE [1662
colony schoole, & in ye issue thus concluded, that it be
ppounded to N. Hauen towne to pay backe 4011 of the 100H
into the jurisdiction treasury, but ye deputies for N. Hauen
told ym y1 y8 colony schoole had occasioned a considerable
charge to ym about y8 schoolehouse & other wayes more then
else they need haue expended in that way, & that they was
ready still if they would continue the schoole to pforme their
conditio to puide schoole house & house for schoole master if
need require.
Mr. Pecke ppounded about some differance betwixt the
treasurer & himselfe in making vp their accounts, but the
court left it to them to issue it betweene themselues.
It was alsoe ppounded about 4U abated of Mr. Peckes sallary,
for some time that he left y8 schoole, whether it should not
returne to y8 jurisdiction. It being debated, it was by vote
concluded that soe much of it as is pper to them should, & the
rest to N. Hauem
The busines about the sallaries to y8 govern1, deputy gov
ernr, &C; being left in May last, was now concluded to be as
the last yeare.
John Herriman ppounded about l1, 17s, 2d, which was not
brought to account with Mr. Wakeman, he desired it might be
allowed him. He prsenting his accounts as cleare that it
was due, the court thought it just it should be allowed him.
The Comittee apointed by the freemen was confirmed by
this court to stand vntill the gene" court in May next, accord
ing to the power giuen them in May last.
It was ordered that all rates already granted by the juris
diction & all debts due to the jurisdiction should be forthwith
demaunded & required from all y" plantations.
It was againe ppounded about stopping of hides & leather,
but nothing was done in it at this time, there being some report
y1 Conecticott had repealed y1 order.

1662] JURISDICTION OF NEW HAVEN. 473
[335] The Answr of the Freemen drawne vp into forme by
the Comittee & sent to Connecticott Gen" Assembly,
is as followeth,* viz1 —
Honord Gent',
We haue heard both ye Pattent & yt writing read which
those gent' (whoe sd they was sent from yor Gene" Assembly)
left w4h or Comittee, & haue considered ye contents according
to or capacities. By the one wee take notice of their declared
sence of ye Pattent & alsoe of yor desire of or vniting wth
yorselues vpon y1 account. By the other we vnderstand that
his Majt'e hath been graciously pleased (at yor earnest peti
tion) to grant liberty to ye Colony of Conecticott to acquire,
haue, possess & purchase, &c, wteuer lands, &c. you haue
gained or shall gaine by lawfull meanes within the prcincts or
lines therein mentioned, & alsoe" of .his abundant grace to
allow & establish you to be one body politique, for mannaging
all yor publique affaires & gouernm1 in a religious & peaceable
mailer, to y8 intents & purposes by his Maj4ie & ye adventur
ers therein pfessed, ouer all psons, matters & things, soe gained
by purchase or conquest, at yor owne pper costs & charges,
according as yorselues informed you had already done. Now
whateuer is soe yors, we haue neither purpose nor desire to
oppose, hurt or hinder in y8 least ; but w4 ourselues (by like
lawfuU meanes) haue attained, as to inheritances or jurisdicon
as a distinct colony, vpon o1' most solemne & religious couen49,
soe well knowne to his Maj4ie & to all, we must say that we
doe not find in ye Pattent any comand giuen to you, nor
phibition to vs to disolue couen48 or alter the orderly settle
ments of New England, nor any sufficient reason why we may
not soe remayne to be as formerly. Alsoe yor begining to
pcue and pceeding to improoue the Pattent without vs doth
confirme this beleife ; but rather it seemes y4 a way is left open
to vs to petition for y8 like fauo1", & to enter or appeale from
your declared sence of y8 Pattent, & signify or greiuances.
Yet if it shall appeare (after a due & full information of or
state) to haue beene his Maj4ies pleasure soe to vnite vs as
you vnderstand the Pattent, we must submitt according, to
* The original letter is not preserved.
60

474 RECORDS OF THE [1662
God; but for y8 prsent we caiiot answr otherwise then or
comittee hath done, & likewise to make y8 same request vnto
you, that we may remaine distinct as formerly, & may be
succoured by you as confederates, at least that none occasion
be giuen by yorselues for any to disturb vs in or ancient set-
tlemts, vntill y1 either by y8 Honord Mr. Winthrop, by or other
confederates, or from his Maj4ie, we may be resolued herein.
All which meanes are in or thoughts to vse, except you prvent,
for y8 gaineing of a right vnderstanding, & to bring a peacea
ble issue or reconcilem4 of this matter, & we wish you had
better considered, then to act soe suddenly to seclude vs from
pattent priuilidge at first, if we are included as you say, and
to haue soe pceeded since as may seeme to giue advantage
vnto dissaffected psons to slight or disregard oathes & couen4s,
[336] and || thereby to rend & make diuision, manage con
tention & troubles in ye towneships & societies of this colony,
& y1 about religious worships as y8 inclosed complaint may
declare, which seemes to vs a great scandall to religion before
the natives & prjudiciall to his Majties pious intention, as alsoe
to hold forth a series of meanes very opposite to y8 end
prtended, & very much obscured from ye beauty of such a
religious & peaceable walking amongst English brethren, as
may either invite the natives to y° Christian faith', or vnite or
spirits in this juncture, & this occasion giuen before any con
viction tendered, or publication of ye Pattent amongst vs, or
soe much as a treatie wth vs in a Christian, neighborly way ;
noe prtence for or disolution of gouerm1 till then could ration
ally be imagined. Such carriage may seeme to be against the
advise & mind of his Majtie in the Pattent, as alsoe of yor
honord Governr, & to cast reflect vpon him, when we compare
these things with his l'res to some here, for the avoyding
whereof we earnestly request that the whole of what he hath
written to yorselues, soe far as it may respect vs in this busines,
may be fully comunicated to or veiw in a true coppy or tran
script of y8 same. We must pfesse o'selues greiued hereat, &
must desire & expect yor efectuall endeavors to repaire these
breaches & restore vs to or former condition as confederates,
vntill y1 by all or some of these wayes intimated we may

1662] JURISDICTION OF NEW HAVEN. 475
attaine a cleare resolution in this matter. Vnto what we
haue herein ppounded, we shall adde that we doe not in ye
least intend any dislike to his Maj4'es act, but to shew or sence
of yor actings, first & last soe much to or detrim1, & to mani
fest the consequent efects to Gods dishonor, as alsoe to giue
you to know how we vnderstand the Pattent, hopeing that you
will both candidly construe & freindly comply with or desires
herein, & soe remoue the cause of or distraction & sad afliction
that you haue brought vpon this poore colony, then shall we
forbeare to giue you further trouble, & shall pray to y8 God of
spirits to grant vs all humility & to guide vs with his heauenly
wisdome to a happy issue of this affayre in loue & peace, rest
ing, Gent': yor very loueing freinds & neighbours,
y8 freemen of the Colony of Newhauen,
ty James Bishop, Secretary, in ye name and
by order & consent of ye Comittee & freemen
of N: Hauen Colony.
Postscript. We have alsoe thought fit to send ov reasons
inclosed which are the ground of this answr we returne, &
desire the whole may bee read & cofhunicated to ye Gen"
Assembly, intreating an answr with all convenient speed, or
from ye Comittee if soe impowered.
[Then succeed six entire blank pages.]
[The General Assembly of Connecticut at their session March 11, 1662-3, " voted
and desired the Dep: Gouernor, Mr. Math: Allyn, Capt. John Talcot, and Lt Jo:
Allyn, and for a reserue to ye Maior, Mr. Willys, as a comittee to goe downe to N :
Hauen, to treat wth or honord and lo : freinds about settling their vnion and incorpora
tion wth 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."
It was further ordered " that in case the comittee doe not issue an agreem1 wth N.
Hauen gent : according to their instructions, before their returne, that then all propo
sitions and instructions from ye court, respecting vnion wlh that people are void and of
none effect." Trumb. Col. Rec. Conn, i, 396.
In consequence of the foregoing votes the following correspondence took place
between the agents of the two colonies.
[In the handwriting of John Allyn, Conn. Rec. Miscellaneous, i. Doc. 69.]
Some proposals to ye gent: of N. Hauen, &c, in refference to yr firme
setiement & incorporation wth us of Conecticutt.
1". We shall in no wise infringe or disturbe them in their order of

476 RECORDS OF THE [1662
church gouerment, prouided we remaine free from any impositions
from ye supreem powers of England.
2. That those whoe haue been of y° magistracy in N. Hauen Colony
shall be inuested wlh full power to gouern the people wlhin those limits
untill or gen" assembly in. May next.
3. That there shall yearly be nominated to election a proportiona
ble number of Assistants in ye plantations of N. Hauen, Millford,
Branford & Guilford, as shalbe for ye rest of ye plantations in
or colony.
4. That those whoe haue been freemen of N. Hauen Colony shall
be forthwlh admitted freemen of or corporation, unles any person be
justly excepted against unto us.
5. That N. Hauen, Milford, Branford, Guilford, shall be a distinct
county wherin yr shall be chosen yearly such ciuill officers as may
cary on all causes of judicater amongst themselues woh extend not to
life, limbe or banishment.
6. That ther shall be once a year at ye least, a court of assistants
at N. Hauen, to preuent unnecessary trouble & expence to those that
doe appeal from j" sentence of ye former court, & to hear & determine
all matters yl respect life, limbe & banishment.
7. That each of ye forementioned townes shall have liberty to send
two of there freemen as deputies to or next gen" assembly.
9. That in case these or proposalls be not accepted before or depart
ure then y7 are to be uoyd and of noe effect.
8. Weuer priuiledges els you shall propound consonant to y6 tenour
of or charter we shalbe ready to atend you therein.
N. Hauen, March 20, '6§. Math: Allyn,
Sam: Willys,
John Allyn.
Agust ye 26, 63, we exprest orselues willing to confirme these
priueledges to <§• upo% ye sd inhabitants of N.H., M., fy G.
[Answer of New Haven, in the handwriting of William Jones, Misc. i, Doc. 70.]
Whereas we discerne by the order of the generall court of Connec
ticut, dated March the llltf, 166f, that the gent', theire comittee were
limited to conclude at this prsent meeting wlh vs, otherwise theire
powr ceases ; our answear in generall is that we are not in a capacity
soe to doe.
1. First, because we are vndr an apeale to ye king wherevnto we
doe adheare, and therefore cannot act contrarily w'hout dishono' to his
majtie & p'judice to or owne right vntill his royall determinacon be
knowne in the question depending betweene vs. ,
2. Because we cannot in conscience conclude to dissolve or distinct
colony by vniting wlh Connecticut wthout the express consent of the
othr coloneyes declared from theire generall courts respectively.
3. Because we are limitted by or freemen not to conclude any thing
for altering or distinct colony state and governm' wlhout theire consent.
Yet shall we in order to an yssue betwixt vs wlh love & peace,
weh we desire them by all loving cariages to promove, (in the interim

1663] JURISDICTION OF NEW HAVEN. 477
of or deliberation,) consider of theire propositions & comunicat them
to or freemen, as we may have a convenient oportunity.
But whereas we observe in theire propositions y' Stamford is left
out, as if it were noe member of vs, we must & doe pfess orselvs vnsat-
tisfied w"' that omission, because we ap'hend orselvs bound to seek &
pvide for theire liberties & comforts as or owne. Willm Leete
Newhaven 20th of lsl M°, (f f .) in the name of our Comittee.]

[343] Att a Gene" Court held att New Hauen for the
Jurisdicon, the 64 of May, 1663.
PrSENT,
Deputies.
The Governr, L: John Nash, ) , ,T „
Deputy Governr, James Bishop, J for N: Hauen-
Jasper Gun, ) „ ,,.,„ ,
Mr. Jones, ~) Rich: Baldwin, J for Mllfor(L
m/K!; [Magistrate,. Mr. Rob4 Kitchill, for Guilford.
Mr. Treat?, ( ** Mr. Rich: Law, ) ,. c+ f ,
Mr. Crane, J John Holly, ' j for Stamford.
L: Sam" Swaine, ) n -n r -,
Laurence Ward, J f°r Branford.
The Gouernr informed the court of ye state of things in refer
ence to Connecticott & how the comittee had acted, & ye ppo-
salls of ye gent' of Connecticott was read with ye answr of or
comittee. It was ppounded whether we should make any alteration of
the vsuall "time of our election, we standing in y8 state we doe
& waiting for an answr to or appeale. After debate it was
concluded as best to goe on with or election as formerly &
make noe alteration, but stand in ye same state we were when
we made or appeale, & if any thing should come from Con
necticott by way of phibition, then to haue a ptest ready to
witnes against them, we being vnder an appeale to his maj4ie.
It was alsoe ppounded whether we should not send vp a
remonstrance of or greiuances by their vnsutable carriages
towards vs in ye state wherein wee are, it being a question
whether the gene" assembly of Conecticott is rightly informed
of or state, a draught whereof (being prpared) was read & well

478 RECORDS OF THE [1663
approoued for the substance of it, & after debate vpon it was
by vote concluded to be sent, only with alteration of some
passages therein, which was done & sent to Major John Mason,
that by him it might be comunicated to their gene" assembly;
a record whereof you -haue entred here afterwards.
There was a l're from Mr. WiUm Wells of Southhold to ye
gouernr now read to ye court, wherein was intimated ye sad
state of Southhold & y4 ptly by the carriage of Capt. John
Young in reference to Conecticot, &c* And it was thought
meete that an answr should be sent to Mr. Wells to haue the
matteriall passages attested as well as he can & sent hither, &
y4 it be signified to ym y4 they send deputies to or next gen"
court of elections, & take notice of their neglect ye last yeare
& of ye complaints (that is reported) they made against vs to
Connecticott, as haueing noe power to carry on ciuill affayres
amongst them, although the court tooke ye best care they
could for them, & sent y8 same by Thomas Turry their mes
senger y8 last yeare.
One occasion of this court being to consider how jurisdiction
charges may be defrayed, the jurisdiction being much in debt
as y8 treasurer informed, there being diuers accounts of
charges expended prsented from Guilford, Stamford & Bran
ford, which being considered by this court, they did allow
what they thought was just & did abate where they judged
necessary; and in reference to the charges expended in y8
magistrates goeing to Stamford & keeping court there, y4 see
ing part of theire time was spent about the Indian Taphanse,
[334] || it was ordered y4 one third part of the charge shalbe
borne by the jurisdicon, & the other two parts by the towne of
Stamford. And considering y4 y8 jurisdicon is much in debt, it was
ordered that halfe a rate be leuied from y8 seuerall plantations
& pprietors of Paugausett.
* Complaint was also made to Connecticut, at the General Assembly, May 14th,
1663, of the unsettled state of Southold by reason of the ill carriage of several persons
there. Mr. Mathew Allyn and Mr. Wyllys were therefore appointed to go to Long
Island and, with the assistance of the other magistrates there, settle affairs at South-
old, and examine into the case respecting Mr. Wells revolt since he took oath to Con
necticut, and Capt. John Young and Barnabas Horton were chosen commissioners for
the town, " with magistraticall power upon the Island." Trumb. Col. Rec. i, 400, 402.

1663] JURISDICTION OF NEW HAYEN. 479
As an addition to the printed law for diuorce, this followe-
ing law was now ordered to be published, viz4, That we this
Gen" Court, finding y8 law for divorce already puided & in
force, to be short in some cases that may fall out to further
-consideracon, doe thinke fit to order, and it is ordered by ye
authority aforesd, y4 if any husband haue or shall wilfully
desert his wife without her consent or just necessity, or any
wife haue or shall soe desert & forsake y8 husband, & such
wife or husband depart into other or remote parts of y8 world
& remaine absent for the space of seuen yeares compleate
from ye time of such departure, & the party deserted haue noe
certaine intelligence of or from y8 other pty deserting to be
aliue & purposing to returne & doe not returne in that time,
that then it shalbe lawfull for y8 pty soe disserted to sue forth
a diuorce in y8 court of magistrates, and vpon due proofe of
the prmises according to true intent & purpose of this law and
judgm4 giuen in court accordingly, to jpceede in marriage with
any othr pson according to law pvided in case of wilfull disser-
tion as in 1 Cor. 7. 15.
It was alsoe ordered that if there be not a seasonable nom
ination of psons for magistracy from y8 seueraU plantations of
this jurisdicon before y8 election, then it shalbe in y8 power of
y8 freemen then prsent to nominate & choose such as may be
thought fitt & necessary for the carrieing on of y8 affayres of
y8 jurisdicon in y4 respect.
The Remonstrance or Declaration sent to y8 Gene" Assem
bly of Connecticott Colony from this Court is as followeth,*
Gent', The professed grounds & ends of yor & or comeing into these
parts are not vnknowne, being plainely exprest in y8 plogue to
y4 solemne confederation entred into by ye 4 colonies of New
England, printed & published to y8 world, namely to advance
y8 kingdome of or Lord Jesus Christ, and to enjoy the liberties
of y8 gospell in purity w4h peace, for which we left or deare
natiue country & were willing to vndergoe y" difficulties we
haue since met with in this wildernes, yet fresh in or remem-

# The original is not preserved.

480 RECORDS OF THE [1663
brance ; being the onely ends we still pursue, haueing hitherto
found by experience soe much of y8 prsence of God with vs &
of his goodnes & compassion towards vs in soe doeing for these
many yeares. Yet considering how vnanswerable our returnes
haue been to God, how vnfruitfull, vnthankefull & vnholy-
vnder soe much meanes of grace & such liberties, we caiiot but
[345] || lament ye same, judge orselues & justify God, should
he now at last (after soe long patience towards vs) bring deso
lating judgements vpon vs and make vs drinke of ye dregs of
y4 cup of indignacon he hath put into y8 hands of his people
in other parts of y8 world, or suffer such contentions (in just
displeasure) to arise among vs as may hasten or calamity &
increase or woe, which we pray the Lord in mercy to prvent.
And whereas in y" pursuance of y8 sd ends, & vpon other reli
gious & ciuill consideracons, as the security of the interest of
each colony within its selfe in wayes of righteousnes & peace,
and all & euery of ye sd colonies from y8 Indians & other ene
mies, they did judge it to be their bounden duty for mutuall
strength & helpfulnes for y8 future in all their sd concernem4s
to enter into a consociacon among themselues, therevpon fully
agreed & concluded by and betweene y8 parties or jurisdiccons
in diuers & sundry articles, & at last ratified as a ppetuall con
federation by their seuerall subscriptions, wherevnto we con-
ceiue orselues bound to adheare, vntill with satisfaction to or
judgeni43 & consciences we see or duty, with like vnanimous
consent of ye confederates, orderly to recede, leaueing the issue
vnto the most wise & righteous God.
As for ye Pattent vpon yor peticon granted to you by his
Maj4ie, as Conecticott Colony, soe far, & in y4 sence, we object
not against it, much lesse agst his Maj'-es act in soe doeing, ye
same being a reall encouragem4 to other of his subjects to
obtaine ye like fauor vpon their humble peticon to his Royall
Highnes in y8 ptection of their psons & purchased rights &
interests, is alsoe a ground of hope to vs. But if the line of
yor Pattent doth circumscribe this colony by yor contriuem4,
without or cognizance or consent, or regard to y8 sd confedera-
con on yor parts, we haue & must still testify against it, as not
consistent (in or judgm4) with brotherly loue, righteousnes &

1663] JURISDICTION OF NEW HAVEN. 481
peace. And y4 this Colony (for soe long time a confoederate
jurisdiccon, distinct from yors & the other colonies,) is taken in
vnder ye administration of ye sd Pattent in yor hands, & soe its
formr being dissolued, & distinction ceasing, there being noe
one line or letter in y6 Pattent expressing his Maj4*8* pleasure
y4 way, although it is yor sence of it, yet wee canot soe aprhend,
of which we haueing already giuen or grounds at large in
writing, we shall not need to say much more, nor haue we
met with any argumentatiue or rationall conuictions from you,
nor doe we yet see cause to be of another mind.
As for yor pceedings vpon prtence of ye Pattent towards vs,
or rather against vs, in taking in sundry inhabitants of this
colony vnder yor ptection & gouernem4 whoe (as you say)
offered themselues, from which a good conscience & the obli-
gacon vnder which most of ym stood to this colony should
haue restrayned them, without y8 consent of the body of this
colony first had, & in concurrence with them, vpon mature
deliberation & conviction of duty yet wanting, we cafiot but
againe testify against as disorderly in them, & which admission
on yor parts we conceiue yor Christian prudence might haue
easily suspended, for prvention of y4 great offence to y8 con
sciences of yor confederat brethren, & those sad consequences
[346] which || haue followed, disturbing the peace of or
townes, destroying or comforts, & hazard of or liues & liberties
by their frequent threats & vnsufferable pvokations, hath been
& is with vs matter of complaint both to God & man ; espe
cially when we consider that thus you admitted them, & put
power into their hands, before you had made any ouerture to
vs or had any treaty with vs about soe weighty a busines, as if
you were in hast to make vs miserable, as indeed in these
things wee are at this day.
And seeing vpon y8 answr returned to yor ppositions made
by you afterwards of joineing with you in yor gouernem4, find
ing ourselues soe already dismembred, & the weighty grounds
& reasons we then prsented to you,, we could not prvaile soe
far with you as to pcue a respite of yor further pceedings
vntill Mr. Winthrops returne from England, or y8 graunt of
any time y4 way, which was thought but reasonable by some
61

482 RECORDS OF THE [1663
of yorselues, & the like seldome denied in warr to very ene
mies, we saw it then high time and necessary (feareing these
beginnings) to appeale vnto his Maj4ie, and soe we did, con
cluding according to the law of appeales in all cases & among
all nations, that y8 same (vpon yor allegiance to his Maj4y)
would haue obliged you to forbeare all further pcesse in this
busines, for or owne parts resoluing (notwithstanding all that
we had formerly suffered) to sit downe patient vnder y8 same,
waiting vpon God for the issue of our sd appeale.
But seeing y4 notwithstanding all y4 we had prsented to you
by word & writing, notwithstanding or appeale to his Maj*>e,
notwithstanding all y4 we haue suffered, (by meanes of y4
power you had set vp, viz4, a constable at Stamford,) of which
informations haue beene giuen you, yet you haue gone further
to place a constable at Guilford, in like maner, ouer a partie
there, to the further disturbance of or peace & quiet, a narra-
tiue whereof, & of ye puokations & wrongs we haue met with
at Stamford, we haue receiued, attested to vs by diuers wit
nesses, honest men. We canot but on behalfe of or appeale to
his Majtie, whose honor is highly concerned therein, and of or
just rights, but (as men exceedingly aflicted & greiued) testify
in ye sight of God, angells & men, against these things. Our
end therein being not to pvoke or further any offence, but
rather as a discharge of duty on or parts as brethren & Chris
tian confederates, to call vpon you to take some effectuall
course to ease & right vs in a due redress of ye greiuances
you haue caused by these pceedings, such, & y4 after you had
complemented vs with large offers of pattent privilidges, with
desire of a treatie with vs for vnion of or colonies. And you
know as yor good words were kindly accepted, soe yor motion
was fairely answered by or comittee, that in regard we were
vnder an appeale to his Maj4ie, that being limited by or free
men not to conclude any thing for altering or distinct colony
state & gouernm4 without their consent and without the appro
bation of the other confederat colonies, they were not in prsent
[347] capacity soe to treate, but || did litle suspect such a
designe on foote against vs, the efect whereof quickly appeared
at Guilford before mentioned. But we shall say noe more at

1663] JURISDICTION OF NEW HAVEN. 483
this time, onely to tell you whateuer we suffer by your meanes,
we pray ye Lord would help vs to choose it rather then to sin
against or consciences, hopeing y8 righteous God will in due
time looke vpon or afliction, & incline his Maj4ies heart to
fauor our righteous cause. Subscribed in y° name & by
New Hauen, May 64, 1663. order of y8 Gene" Court of
Newhauen Colony,
ijP' James Bishop, Secretary.
[The remainder of this page and the whole of the next is blank.]
[The General Assembly of Connecticut at their session May 14, 1663, took no notice
of the receipt of this letter, but ordered that Robert Usher and John Meggs should
continue in the office of constable over those who had submitted in Stamford and
Guilford, which inhabitants were directed to conduct themselves peaceably and reli
giously, according to the former order in October. It was declared that Southold
should enjoy the same privileges as Southampton, and the court voted that they
would not send the Patent nor copy thereof to be read at New Haven. Trumb. Rec.
Conn. i. 405, 406.]

[349] At a Court of Magistrates held at Newhauen,
the 2544> of May, 1663.
Prsent, the Gouernr, Deputy Gouernr,Mr. Jones, Mr. Fefie,
Mr. Treat & Mr. Crane.
The Court being mett together but noe busines appeareing,
the marshall gaue notice that if any had any busines with the
Court of Magistrates they was desired to attend it, but after
some time of waiteing none appeared, onely some wills &
jhuentories was pr sen ted, as followeth,
The last will & testam4 of WiUm Judson late of N. Hauen
deceased, prsented in court, made the 20th of ye nineth moneth
in ye yeare 1661, confirmed by his owne marke & seale, &
prooued vpon oath by Richard Miles & John Cooper, at a
court held att Newhauen, March 3d, 16 1|.
Alsoe an inuentory of y estate of y8 sd WiUm Judson,
prsented to ye court, amounting to y8 sume of 326", 08s, 04d,
& vpon oath attested by Thomas Munson & John Cooper y4 ye
apprizem4 was just, to ye best of their light, taken Decemb 15th,
1662, & prooued in court at Newhauen, March 3d, 16f f .

484 records of the [1663
The last will & testam4 of Mr. WiUm Gibbard late of New
hauen deceased,* prsented in court, made the sixth of August,
1662, confirmed by his owne hand & seale, and prooued vpon
oath by Mr. WiUm Jones & Ellen Glouer at a court held at
Newhauen, May 64, 1663.
Alsoe an inuentory of ye estate of ye sd Mr. WiUm Gibbard,
pvsented to ye court, amounting to y8 sume of 290", 07s, 06d,
onely some accounts & debts not yet cleared & some estate in
England not prized, taken the 30th of Aprill, 1663, & prooued
vpon oath by L: John Nash & Henry Glouer that ye apprizem4
was just, to the best of theire light, in court at Newhauen, May
64, 1663.
The last will & testam4 of Richard Hull, late of Newhauen,
deceased, prsented in court, made the 21th of August, 1662,
confirmed by his owne marke & seale, & prooued vpon oath by
Mr. Mathew Gilbert & Mr. Willm Jones, at a court held at
Newhauen, January 64, 1662.
Alsoe an inuentory of y8 estate of y° sd Richard Hull,
prsented, amounting to ye sume of 101", 18s, 04d, taken the
23th of Decemb: 1662, & prooued vpon oath by Thomas Mun
son & Roger Ailing, that ye apprizem4 was just to y8 best of
their light, in court held at Newhauen, January 64, 1662.
The last will of WiUm Potter, late of Newhauen, deceased,
prsented to y8 court, made the 19th of May, 1662, & witnessed
by Deacon Richard Miles & Deacon Willm Pecke, prooued in
court at Newhauen, March 3d, 16f f.
[350] || Alsoe an inuentory of ye estate of y8 sd WiUm Potter,
prsented to y8 court, amounting to y8 sume of 161", 02s, 07d,
taken August y8 first, 1662, & vpon oath attested by Mr.
Thomas Yale & Dauid Atwater, y4 y8 apprizem4 was just to ye
best of their light, in court at Newhauen, August 54i>, 1662.
An inuentory of ye estate of Edward Parker, late of
Newhauen, deceased, prsented in court, amounting to ye sume
of 124", 00s, 00d, taken the 274f of June, 1662, & vpon oath
attested by Roger Ailing & James Bishop, y4 y8 apprizem4 was
just to ye best of their light, in court at Newhauen, July 1st,
1662.

* Mr. Gibbard died August 9th, 1662.

1663] jurisdiction of new haven. 485
An inuentory of y8 estate of Mr. WiUm Osborne, late of
Newhauen, deceased, prsented, amounting to ye sume of
231", 03s, 04d, taken y8 294i> of Aprill, 1662, & vpon oath
attested by Deacon Richard Miles & John Cooper, y4 the
apprizem4 was just to y8 best of their light, before y8 court att
Newhauen, June 9th, 1662.
An inuentory of y8 estate of John Benham, senr, late of
Newhauen, deceased, prsented, amounting to y8 sume of /N ,
taken the 3d of January, 1661,& vpon oath attested by Thomas
Munson & John Herriman, that y8 apprizem4 was just, to the
best of their light, in court at Newhauen, May 64, 1662.
An inuentory of ye estate of Samuell Richards, late of New
hauen, deceased, prsented, amounting to 02', 03s, 02d, taken
the 284h of March, 1662, & vpon oath attested by WiUm Rus
sell &/ Abraham Dowlitle, that ye apprizem4 was just, to ye
best of their light, in court at Newhauen, Aprill 1st, 1662.
An inuentory of y8 estate of Edward Daniell, late of New
hauen, deceased, amounting to y" sume of 05', 02s, 10d, taken
the 2d of Septemb: 1662, & prooued by the subscriptions of Mr.
Deliverance Lamberton, Willm Gibbins & Timothy Ford, in
court at Newhauen, Septemb: 2d, 1662.
An inuentory of y8 estate of WiUm Luddington, late of New
hauen, deceased, prsented, amounting to y8 sume of 156", 10s,
00d, vpon oath attested y4 y8 apprizem4 was just, to y8 best of
their light, by John Cooper, senr, & Mathew Moulthrop, senr,
in court at Newhauen, March 3d, 16f f.
An inuentory of y8 estate of George Smith, late of New
hauen, deceased, prsented, amounting to y8 sume of 195", 03s,
04d, taken ye 20th of Decemb: 1662, & vpon oath attested by
John Cooper & Roger Ailing, that y8 apprizem4 was just, to
the best of their light, in court at Newhauen, Janua: 64, 1662.
[351] || An inuentory of y8 estate of Rob4 Talmage, late of
Newhauen, deceased, prsented, amounting to y8 sume of 115",
14s, 06d, taken Octob: 3d, 1662, & vpon oath attested by Roger
Ailing & James Bishop that y8 apprizem4 was just, to y best
of their light, in court at Newhauen, Aprill 7th, 1663.
An inuentory of the estate of Mathew Row, late of N.
Hauen, deceased, prsented, amounting to ye sume of 1171,

486 records of the [1663
14s, 02 id, besides some other things vnder question, taken the
5th of May, 1663, & vpon oath attested by WiUm Andrewes &
Roger Ailing, that y8 apprizem4 was just to y8 best of their
light, in court at Newhauen, May 64, 1663.
The last will and testam4 of John Fletcher, late of Milford,
deceased, prsented to ye court, made the 18th of Aprill, 1662,
confirmed by his owne hand & seale, & witnessed vpon oath by
Mr. Benjamin Fenn, Mr. Robert Treatt & George Clarke, senr,
before y8 court at Milford, March 5th, 16f f.
Alsoe an inuentory of y8 estate of y8 sd John Fletcher,
prsented, amounting to the sume of 408", 15s, 04d, taken the
13th of May, 1662, & apprized the most of it & vpon oath
attested by Ensigne Alexander Bryan, Jasper Gunn, Michaell
Tompkins & Richard Baldwin respectiuely as they haue been
improoued, that the apprizem4 they haue made is just, to ye
best of their skill, before the court at Milford, Decemb: 4th,
1662. p: Rich: Baldwin, Secret.
The last will & testam4 of Thomas Ford, late of Milford,
deceased, prsented to y8 court, made the 15th of May, 1662,
confirmed by his owne hand & seale, & witnessed vpon oath
by Timothy Baldwin & Joseph Northrop, alsoe George Clarke,
junir, Nicholas Campe & John Beard tooke oath to the truth
of ye same before ye court at Milford, (as in ye pbate of ye
will,) June 54>>, 1662. p Rich: Baldwin, Secret.
Alsoe an inuentory of the estate of the sd Thomas Ford,
prsented, amounting to the sume of 407", 01s, 00d, taken &
apprized by Nicholas Camp & John Beard, & vpon oath
affirmed by them that the apprizem4 was just, to ye best of
their skill, before the court at Milford, June 5th, 1662.
p Rich: Baldwin, Secret.
The last will & testam4 of George Stokey, late of Stamford,
deceased, prsented to ye court, made the 23th of August, 1660,
confirmed by his owne hand, & witnessed vpon oath by Daniell
Scofield & John Holly, before Rich: Lawe, at Stamford, the
254« of February, 1660. Eich: Lawe.
[352] || The last will & testam4 of Thomas Newman, late of
East-towne, in ye New-Netherlands, prsented to y8 court as
made the 2d of June, 1659, confirmed by his owne marke &

1663] jurisdiction of new ha yen. 487
seale, & witnessed vpon oath, (before Rich: Lawe, att Stam
ford,) by Richard Mills & Samuell Mills, the 27th of February,
1660. Rich: Lawe.
An inuentory of the estate of John Waterbery, late of Stam
ford, deceased, prsented to the court, amounting to the sume
of A , taken & prized by Richard Lawe & Francis Bell, in
Aprill, 1659, & attested too by ye now wife of Joseph Garnsy,
the 244r< of May, 1661, att Stamford. Rich: Lawe,
before &
Fra: Bell.
An inuentory of ye estate of Gregory Taylor, late of Stam
ford, deceased, prsented to ye court, amounting to the sume
of 48i, i4s; 06d, taken Octob: first, 1557, & prized by Rich:
Lawe & Fra: Bell, both officers in authority in Stamford, did
testify vpon oath, in cort at Stamford, held ye 14th of June,
1662, that these goods within written were prsented to them,
& acknowledged by John Waterbery & his wife, to be y8 estate
which ye sd Gregory Tailor, deceased, had in possession, &
left at ye time of his death, but ye sd Waterbery would not
acknowledge that this was all, nor would he nor his wife
attest it vpon oath to be a true inuentory of the whole estate.
Alsoe the sd apprisors doe testify y4 the apprizem4 is just,
according to y8 best of their skill. Rich: Lawe,
Fra: Bell.
An inuentory of ye estate of Thomas Hyatt, late of Stamford,
deceased, prsented to ye court. This writing was prsented in
cort at Stamford, June 16th, 1662, as the true acco4 of all the
remainder of ye estate of Thomas Hyat, deceased, after the
losses, debts & just charges payd, which sd account amounts
to ye sume of 1321, 02s, 03d, whereof the widdowes thirds is
44", & then there remaines in ye hands of Cornelius Jones,
the sume of 88", 02s, 03d, as portions to be diuided amongst
six chUdren, according to law. Rich: Lawe,
Francis Bell.
The Cort agreed about goodwife Finch that what Newhaven
court had allowed in the inventory it should be payd her out
of Westerhouse his estate for the use of the child, pvided it be
not carried out of the jurisdiccon.

488

RECORDS OF THE

[1663

[353] At a Court of Elections held at New Hauen for
the Jurisdiction the 27th of May, 1663.
Mr. Willm Leete chosen Gouernr,
Mr. Mathew Gilbert chosen Deputy Gouernr,
Mr. Witim Jones chosen Magistrate for Newhauen,
™i: sas&sr | «"»- ***¦*. «» »«.
Mr. Jasper Crane chosen Magistrate for Branford,
The Gouern1 & Mr. Fenn chosen Comissionrs, & Mr. Jones
a 3d man in case need require.
They all tooke oath for the .yeare ensueing or vntill our
foundation settlem4s bee made null.
Roger Ailing chosen Treasurer, \ All for ye yeare ensue-
James Bishop chosen Secretary, > inge with the caution
Abraham Dowlitle chosen MarshaU, ) before prmized.

At a Gen" Court tion,

held at Newhauen for the Jurisdic-
the 274h of May, 1663.

PrSENT,

The Gouernr,
Deputy Gouernr,

Deputies.

Mr
Mr

Jones, ^
S'r! ?eant, [magistrates.
Mr. Crane, J

Thomas Munson,
James Bishop,
Thomas Welch,
Richard Baldwin,
Mr. Rob4 Kitchell,
George Bartlet,
L: Fra: Bell, for Stamford.
L: Sam" Swaine,
Laurence Ward,
The Deputies presenting their certificates were accepted,
wherein it appeared that all were chosen for the yeare, onely
Milford & Branford for the prsent session.
The Gouernr told the court that they knew how wee stood
in reference to Connecticott Colony, & y4 there was a comittee
apointed for ye last yeare, therefore ppounded whether they
would impowr ye same againe, which being voted, it was con

fer N. Hauen.

for Milford.

for Guilford.

for Branford.

1663] JURISDICTION OF NEW HAVEN. 489
eluded both for ye same psons & the same power as the last
yeare. Ypon information of ye complaints of sundrie, of the diffi
culty of obtaineing shooes for ye supply of the necessityes of
their families by reason of the sending away of hides & leather
out of this jurisdiccon, this court did now see cause to order,
and it is ordered, that from & after the publication hereof, noe
raw hide or hides be transported out of this jurisdiccon by any
[354] pson or psons whatsoeuer, vpon a penaltie of the || for
feiture of such hide or hides or the valew thereof. And alsoe
y4 noe tailed hides or leather be soe transported except it be in
pay for the like valew in raw hides to be imported. And that
noe tanned hide or hides be soe exported before ye same be
entred w4h such officer as the plantation court shall appoint to
this trust, vpon the like penalty aboue expressed, to be layd &
leuied vpon the offender or offendors vpon complaint made to
•& proofe before ye sd court, the one halfe of the sd penalty to
ye informer & ye other halfe to the publike.
The order formerly made concerning troop" was now
repealed, & their psons & horses to be entred into ye rate, &
it was desired that the furniture might be kept fit for seruise.
It is alsoe ordered, (y4 finding the jurisdiccon to be much
in debt,) that to a halfe rate layd May 64, (63,) (but not pub
lished,) there be another halfe rate, which is in all one single
rate, to be leuied vpon all ye plantations of this jurisdiccon &
pprietors of Pagausett, two parts of which rate is to be payd
in Octob: next, & the other third part in March next after, to
the jurisdiccon treasurer or his order, in such pay & at such
prizes as the last yeare.
The Court considering how to pvide for Stamford, bro: Bell
informed the court that, the freemen desired to bee as they
were the last yeare, vpon which Leiftenn4 Francis Bell & Rich:
Lawe was chosen deputies for Stamford for the ensueing yeare
& invested w4h the same power as the last yeare, & L: Fra:
Bell now tooke oath wth the same caution as the magistrates
did, & was to administer the oath to Rich: Lawe.
The busines concerning the custome & excise for wine &
strong liquors was left with the magistrates of Milford to
62

490 RECORDS OF THE [1663
agree with Ensigne Bryan as well as they could for this
yeare. The sallaryes of the gouemr & deputy gouernr was left to
further consideration.
The Court agreed w4h Roger Ailing for afl the wampom
left in his hands (as jurisdiccon treasurer,) to let him haue it
for thirty pound in jurisdiccon pay.
A motion was made by Rich: Baldwin, of Milford, on the
behalfe of Leiftenn4 Wheeler liueing about Paugausett, for his
admittance vnder this colony, which was well accepted, & the
.court was willing to encourage it but desired to speake w4h
Leiftenn4 Wheeler himselfe, vpon which he came into the
court & the gouernr moued it to him & he answered to this
purpose as followeth, viz4: That there was a motion from him
selfe prsented to this court formerly by Serj4 Baldwing, where
in he shewed his willingnes to come vnder this jurisdiccon &
his spirit hath not altered, but onely there hath been some
demure since, Stratford laying some claime to the place, &
some ground of it was that he being at Stratford one time,
there came report as if the Indians had robbed his house &
killed his servant, vpon which he hastened away himselfe &
desired noe helpe, but Mr. Wells being then officer there sent
some helpe after him, & comeing home found it not soe as
was reported, but tooke some Indians & carried them away, &
since y4 they haue layd claime to mee, as being an ayd to mee,
[355] || but I told ym y4 I intended to submitt ye place to
one of ye colonyes & had ppounded it to New Hauen; they
told him he need not trouble himselfe for he was within ye
bounds of their towne, then he told ym if they layd out their
line & found it soe he should submitt, but they onely came vp
to the great river & went noe further ; after this they leuied
his rate for M-r. Blackman, but he told ym y4 he would pay Mr.
Blackman but not in submission to ym, but y4 which he did
was in a voluntary way.
After this it was desired they would prsent their minds in
writeing, which was done by Rich: Baldwin & is as followeth,
viz4 ; That there having been in this court a former tender &
treaty abput Leiftenn4 Thomas Wheelers standing related

1663] JURISDICTION OF NEW HAVEN. 491
vnder the account of Paugausett to this jurisdiccon, the cor4
now being more fully informed y4 all y land from ye sd Leif
tenn48 meadow vpwards for a considerable length betweene
Potatuque River and Nagatunk River is vnder a grant vnto ye
prsent purchasers of Paugasett, whereby the sd Leiftenn4 is fully
included w4h ye rest of Paugasett in this jurisdiccon, which
this cort doe declare to be their sence of his standing related
to this colony, & doe expect y4 he as the rest of the inhabitants
of Paugasett doe yeild & acknowledge all duty & service to
this jurisdiccon; which vpon the grounds before mentioned
the sd Leiftenn4 Tho: Wheeler doth submitt vnto.
The Court considering of ye writeing did put it to vote, &
soe thereby was accepted.
[The General Assembly of Connecticut, August 19th, 1663, appointed the Deputy
Governor, Mr. Wyllys, Mr. Daniel Clarke and John Allyn, " to treat wlh o' honoured
freinds of N : Hauen, Milford, Branford and Gilford, aboute setting their union and
incorporation w* this Colony," and impowered them to act according to the instruc
tions given the committee sent to New Haven in March preceding. If they could not
effect a union, they were publicly to declare, " That this Assembly cannot well recent
their proceeding in ciuill gouerm' as a distinct jurisdiction, being included within the
charter graunted to Conecticut Corporation; and likewise they are publikly to
declare that this Assembly doth desire and cannot but expect that the inhabitants of
New. Hauen, Milford, Branford, Guilford and Stanford, do yeild subjection to the
gouerm1 here establisht according to the tennor of or charter, which is publiquely to
be read in New Hauen." Trumb. Rec. Conn. i. 407.
In consequence of the foregoing vote, the following correspondence took place be
tween the committees of the colonies.
[Conn. Rec. Misc. i. 71. In the handwriting of William Jones.]
N. Hauen Comite proposalls, August 26, 1663.
To j' honord Comittee from ye Gen11 Assembly of Connecticut, Mr.
Willis, Mr. Clark & Mr. Allen.
Gen', In ordr to a freindly treaty & amicable composure of matters
in difference between vs, we earnestly desire you wold restore vs to
or intire colony state by disclaiming y1 pty at Gilford & Stamford, &
soe doing we offer the following queries to yor consideration, as matter
for such treaty, viz1,
1. Whethr y° fundamentall lawes for governm', especially y' touch
ing the qualifications of freemen shalbe the same w"1 Boston or our,
(i. e.) members of some one or othr of or churches.
2. Whethr or church ordr & priviledges shall not be infringed nor
disturbed, & that both ye choice & calling in of ministers in each
plantation be established a church right for eu'.
3. Whethr all or prsent freemen shall be forthw"1 admitted & im-
powred to act as yor owne freemen to all intents & purposes.

492 RECORDS OF THE [1663
4. Whethr any of o' form' adjcons* in or distinct col: state shalbe.
liable to appeales or be called in question.
5. Wheth' we shalbe imediatly established a distinct county & to
have soe many magistrats as necessary, 4 at least, wth a p'sident
chosen y'ly by or owne county court, togeth' wth othr inferior officers
to be nominated by o'selvs.
6. Whethr any apeales shalbe at any tyme allowed from or countye
court in ordinary cases, vnles to or owne court of assistance, & y' vpon
waighty grounds & wlh good cauqon, to p'vent trouble & charge to
the country.
7. Whethr there shall not be a court of assistance at Newhaven
yearly, or oftner if need require, to try capitall causes & heare such
appeales, consisting of o' owne & such oth' magistrats as we shall
desire by order fro o' p'sident.
8. Whethr all or p'sent magistrats & officers shall remaine in full
powr to govern the people as form'ly, vntill new be orderly chosen at
ye next election court after this agreem'.
9. Wheth' all rates & publiq" charges graunted or levied or due in
each colony before this agreem', be paid & discharged by the inhabit
ants pporconably in a distinct way, & not oth'wise.
10. Whethr at ye next elleccon there shalbe a comittee chosen &
apointed off yo' & or ablest ministers & oth' freemen to consult &
p'pare a body of lawes out of yo' & or lawes most consonant to scrip
ture. 11. Whethr vntill such a body of lawes be framed & agreed vpon
anew mutually, all matters in or townes & courts shalbe yssued & don
according to or owne lawes as form'ly.
12. Wheth' all or plantations according to their aunciently reputed
& received bounds shall not soe remaine vnalterably but receive con-
fermaqon by autority of the pattent.
That such treaty shall not be binding to vs w^out consent of o* con
federats & gen" court of freemen.
Wheth1 ye freemen in each of or townes may not make ord™ for
yr towne affaires.
These impfect queries we at p'sent offer to yor consideration, reserv
ing libty to ppound w' furthr we shall see needfull, allowed by the
pattent. Willm Leete, in the name & w'h consent
of ye Comittee.
[Conn. Rec. Misc. i. 72. In the handwriting of Daniel Clarke.]
O proposals in answr to ye queries prsented from N. H. Comittee,
Agst. 27, 63.
In answer to y° queries propounded to or consideracS by the
hono'd Comittee of N. H. we p'sent,
In referenc to the proceedings of the Assembly at Conecticutt,
Octob' last, in enterteineing sev'11 y' p'sented themselues from Guil
ford & Stanf:, desireing to submit to o' gou'm1, wch (tho accordinge
# Adjudications.

1663] JURISDICTION OF NEW HAVEN. 493
to o' chart' we apprehend we had power to admit of them or any
oth' w'hin o' p'cincts, yet) consideratis considerandis, pro modo et
ordine, we shall grant y' prudent considerations might haue directed
vs in y first place to haue had some treaty w'h or hono'd freinds of
these plantations for an ord'ly setlinge of themselues w"' vs into a
body politique accordinge to o' charter, and therfore we are ready to
retract those comissions y1 haue bene giuen to any persons y1 haue
bene setled in publ. imploy eith' at G: or St:. And it is o' earnest
desire that noe former conceaued inuries on yo' part or on o" may
obstruct o' proceedings w"' you to an amicable settlement of vnion as
one corporation and w'h clemency and candidnes each part may
accept such proposals as are p'sented to prudent and serious consid
eration. And we doe herby declare the propensity and readines of
o' sp" fully and finally to obliterate the memoriall of all form' occa
sions administered to vs as matt' of greiuance or offence respecting
any of you.
1. For ye first quse, we answ' that the patterne or foundation from
w°h we cannot vary is o' charter, nor dare we admit of any fundam"'
varying from yB teno' thereof, but w' lawes may be concurring there
with and conduceable to j" publique weale of church and state we are
ready to grant ye establishm' thereof, & pticularly for qualification of
freemen we are ready to grant that they shalbe men of a religious car
riage visibly soe, haueing and possessing some competency of estate,
and shal bring a certificate affirmatiue that they are thus quallified from
ye deacons of ye church and two of ye select men of yc towne where
they liue, and if there be noe deacons, then some other knowne &
approued persons w'h yB selectmen as before.
2d. That ye ch. ord' and privilidges w'hin these plantations, N. H:
M. B: G: & St: shal not be infringed or disturbed by vs or any from
vs, and that ye choice and call of the ch. officers in each planta: shal
remaine a church right foreuer.
3. That vpon o' and yo' vnion all ye present freemen w'hin these
plantat" shalbe fortwith invested wlh full power to be and act as free
men of Conect: corporation in all concerns.
4. That all former transactions in courts and administrat" as a dis
tinct jurisdiction shalbe totally freed from future callings into question
in ye court at Conecticut or elce where w'hin or precincts, vnles any
thinge controuersall be at p'sent dependant in the court here.
5. That y" plantat3 forementioned be imediately vpon o' vnion estab
lished a distinct county, and to haue soe many officers as may be suffi
cient to carry on matt" of civil judicature as a county, and shall haue
power to try and issue all cases accordinge to ye teno' of or chart', pro
vided that such cases as respect life, limb, banishm' or totall confisca
tion, shalbe issued by a court of assistants woh shalbe once a yeare or
oftn' if any thing extraordinary fall out w'°in any these plantations
necessitateing the same, wdl court of assistants shal consist of such as
are chosen and ordeined yearly for these plantations, whereof one
shalbe ye presd' of ye county or moderator of the courts kept in this
county and chosen to y' place by the civil officers y' attend the county
courts; vnto woh officers for ye constituteing of ye court of assist3 shalbe

494 RECORDS OF THE [1663
added 3 assistants out of the corporation such as shalbe yearly ap
pointed therunto by the gen" assembly held in May, and such as are
greiued at yf- sentence of ye county court shall haue liberty vpon good
caution to appeale to ye court of assistants ; and y4 all cases tried by
this court or the county court depend' twixt partie and partie respect
ing damadge to ye sum of 40s or vpwards, and likewise capitall crimes
and offences shalbe tried by a jury either of six or twelue freemen,
according as ye nature of ye case require, but in capitall cases by a
jury of twelue at all times. And further that all civill officers except
assistants or comissioners shalbe yearly chosen by themselues for and
w'hin the precincts of the plantations aforesaid.
6. That ye Wor" M'. Leet, M'. Gilbert, M'. Jones, M\ Fen, M'.
Treat and M'. Crane, be and remaine in magistraticall power w'hin
this county, and any three or more of them, as they see cause, to haue
power to keep a county court, they chuseing out from amongst them
selues a moderator pro tempore, in ye presidents absence, whom we
hereby nominate to be Wor" M'. Leet for the county, and this to stand
in force vntill an orderly election of officers at generall election in
May next, at woh time the freemen of these plantations shall nominate
their proportion of assistants w'h other plantations in this corporation
to be put to election ; and such as shalbe yearly chosen by the free
men to that place, together w"1 such as the gen" assembly shall comis-
sionate w'hin these plantations shal for future carry on civil judicature
w'hin the county, & they being chosen and sworne to chuse out of
themselues a presid1 for that yeare.
7. That vntil ye election in May next, all matt's of civil judicature
w'hin this county shalbe issued and determined according to ye lawes
that haue bene form'ly established by N. H. Assembly, or such as are
in force in ye Corporation as ye officers of this county see cause to
attend, being noe way repugnant to the teno' of o' chart'.
8. That ye neighbouringe plantations either on ye Island or maine _
shall haue liberty to appeale from the sentenc of their courts vnto
y8 court of assistants held at N. H. as before declared.
9. We mutually approue of a comittee of the ablest psons y' may
be had amongst yo'selues and vs to compact a Body of Lawes out of
o' and yo's that may be most sutable to further the establishm' of peace
and righteousnes and the vpholding of a well ordered gouerm' in
church and state.
10. That ye ancient reall and established bounds between plantation
and plant: shal for euer be and remaine vnalterable.
11. That ye freemen of these plantaf shall haue power to chuse all
publ country officers except assistants, to weet, comission's, deputies
and constables. As for selectmen who are to ord' the civil, pruden
tial! affaires of the respectiue townes, they to be yearly chosen by a
maior vote of the approued inhabitants, w'h other necessary towne offi
cers in yr respect: pi: in this county.
12. That all publ: charges and levies due for time past and vntil
this instant shalbe defrayed by the respectiue townes in this county as
formerly, and for those severall psons w"'in this county that haue sub-
iected to Conecticut gouerm' that they shal also be rated after the

1663] JURISDICTION OF NEW HATEN. 495
sum of a penny p pound for their rateable estates w,h y" rest of ye in
habitants in their respectiue townes as before exprest.
Vnto these proposals we whose names are subscribed desire a
returne from the bono'" Comittee whether you are willing to
accept of them, to ye settlement of yo' vnion wth o' corporation.
N. Haven, 27 August, 1663. Sam" Willys,
Dan: Clark,
John Allyn.
[Nothing having been concluded between the committees of the two colonies, at
the meeting .of the Commissioners of the United Colonies at Boston, September 3-19,
the following proceedings took place.]
The complaint of theCom'8 of New Hauen, in behalfe of that Colony
humbly presented to the rest of the honoured com'5 for their aduice,
ayd & succour as followeth,
Viz: That sundry of the inhabitance of seuerall of or townes haue
been taken under the gouerment of Conecticutt, & by them encouraged
to disowne o' authoraty. They refuse to obserue there oaths of fidel
ity, to atend o' courts or meetings caled by o' authoraty, or to performe
other dutys wlh the rest of o' people, & so our setled order & peace is
much prejudiced.
2. That constables or officers are by Conecticutts authority ap-
poynted & set up amongst us, whoe are uery troublesome to us.
These things & the sad consequences thereof are soe agreiuing to the
generality of o' people, & like to bring forth such uncomfortable
effects, that we cannot but present the matter to your serious consid
eration, to take some effectuall course, that such actings may be recaled
& forborne, & the articles of confederation duely obserued towards us
a distinct colony, your obseruant confederates.
In the name of the Colony of New Hauen, Wm Leete,
Bostown, 17'" Sept', 1663. Benj:Fenn.
An answer to N. Hauen Gent".
The Comrs for Conecticutt doe conceiue that there is no such cause
of complaint at present from N. Hauen as hath bin mentioned in their
paper, there haueing bin diuers freindly treaties about the matters in
difference, & very amicable ppositions & tenders formerly & now
againe uery lately propounded by a comittee from the courte of
Conecticutt, who had of late a freindly conferrence upon it w'h y'
comitty of N. Hauen, & a coppye of those ppositions were presented
now by M'. Willys, one of ye magistrates & one of the sd comittee of
Conecticutt, & the sayd amicable ppositions were now read to all the
com'a & not disliked by them, & we hope they are yet in a fayre way
of farther treaty towards a freindly compliance, & are assured that
the court at Conecticutt did neuer intend to doe, nor will doe, any
injury or wroung to them, but will be ready to attend all just &
freindly wayes of loue & corrispondence; & whateuer hath ben now

496 RECORDS OF THE [1663
suggested by way of complnl, we doubt not but they will returne a
faire & sattisfactory answer to them when they haue notice thereof.
Sept' 17'h. 1663. John Winthrop,
John Tallcott.
New Hauens replye.
The Com" of N. Hauen Colony cannot approue of the answer or
appolegie of Conecticutt Com'8, in saying that they conceiue there is
no ground for o' complaint, the case being as related, & can proue
nothing being done to reuerss or sattisfy upon that acco', or pmised
but conditionally, & in treaty onely, wherein we haue & doe desire to
carry as amicably towards them as they towards us ; but how it should
be sayd, that the court of Conecticutt neither intended nor would doe us
any wrounge, while such injuries as are complained off are not righted,
nor yet absolutely promised soe to be, wee see not, & therefore cannot
but desire the sence of the com'5 upon the acting complained of, while
its not knowne how farr those ppositions mentioned will be sattisfac
tory to o' people, nor what issue will be attayned for setiement of
affaires according to confederation, (in case,) which we still cleaue
unto. Wm Leete,
Benj: Fenn.
The answer of the Massachusets & Plimoth to the complaint of
New Hauen is as followeth,
The Com™ of the Massachusets & Plimoth, haueing considered the
complaint exhibited by N. Hauen against Conecticutt for infringing
there power of jurisdiction, as in the sd complaint is more perticulerly
expressed, together w'h the answer returned thereto by Conecticutt
Com" w"1 some other debates & conferences that haue passed between
them, doe judg meet to declare, that the sayd Colony of N. Hauen
being owned in the articles of confederation as distinct from Conecti
cutt, & haueing bin soe owned by the colonyes joyntly in this present
meeting in all there actings, may not by any act of violence haue
there liberty of jurisdiction infringed by any other of the Vnited Col
onyes w'hout breach of the articles of confederation, & that where any
act of power hath bin excerted against there authority, that the same
ought to be recalled & there power reserued to them intire, untill
such time as in an orderly way it shall be otherwise disposed; & for
perticuler greiuences mentioned in their complaint, that they be refer
red to the next meeting of ye comrs at Hartford, where Conecticutt
haueing timely notice, may giue there answer thereto, vnless in the
mean time there be an amicable vniting for the establishment of their
peace, the woh we are perswaded will be uery acceptable to the neigh-.
bouring colonies. Simon Bradstreet, President,
Tho: Danforth,
Tho: Prince,
Josi: Winslowe.
Rec. U. Col. Sept. 1663.

1663] JURISDICTION OF NEW HAVEN. 497
[The General Assembly of. Connecticut met on the 8th of October. They adminis
ered the oath of constable to Francis Browne for the town of Stamford, and appointed
Mr. Willys and the Secretary to write a letter to New Haven, declaring that the court
could do no less for their own indemnity than to manifest their dissatisfaction with
the proceedings of New Haven, Milford, Branford, &c, in their distinct standing from
them in point of government, " It being directly opposite to the tennor of the Charter
lately granted to or Colony of Connecticutt, in woh Charter these plantations are in
cluded. Wee allso do expect their submission to or gouerment, according to or Char
ter and his Majestyes pleasure therin exprest, it being a stated conclution of the
com" that jurisdiction right allwayes goeth w"1 patent. And whereas the nfoarsd
p'eople of New Hauen, &c. pretend they haue power of gouerment distinct from us,
and haue made seuerall complaints of wroungs receiued from us, we doe hereby de
clare that or councill 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 complaints, we shall be ready to atend them wlh due satis
faction." Trumb. Rec. Conn. i. 415.]

At a Court of Magistrates held at Newhauen, Octob:
21% 1663.
Prsent, the Governor, Deputy Governor, Mr. Jones, Mr.
Fenn, Mr. Treat & Mr. Crane.
An attachement haueing been graunted to George Adams, of
Branford, vpon some estate of Mr. Jefferd, of Ling, which was
found in this jurisdiccon, George Adams aforesd now apeare-
ing was asked what he had done in giueing notice to Mr. Jef
ferd aforesd for his attendance ? He answrd he had stnt to
him but it was soe lately that it was not likely he could attend
this cort, therefore he desired the busines might be respited to
ye next cort of magistrates till ye man may haue sufficient
notice & he gaine further euidence for himselfe in the case,
but he desired y4 he might haue ye horse into his custody
which was attached & he would give in security for him,
because the horse lay now vpon charge.
The Court considering of the case did conclude that George
Adams giueing in security in a bond of twenty pound to saue
the court harmeles & to answer the case at ye court of magis
trates in May next, & w4euer damages may ensue herevpon,
vpon this the horse was to bedelivered to him, that soe further
charges be not expended on him.
James Bishop, (attornie for Mrs. Luoie Farneden,) haueing
63

498 records of the [1663
made claime vpon the estate of Mrs. Elizabeth Godman,
(deceased,) now in the hands of Thomas Johnson, desired of
the court right in the case, & for that end prsented a letter of
attorhie from Mrs. Farneden aforesd, w4h a certificate vnder
the hand of a justice of the peace that shee was the onely
naturall sister of Mrs.
[The Record remains thus incomplete, and to this succeed two entire blank page;.]
[358] A true coppy or record of Governor Winthrop his
letter to Major John Mason, Sf y' rest of y' Court, Sfc.
Gentlemen, I am informed by some gentlemen, (whoe are authorised to
<¦ seeke remedy here,) that since you had ye late Patent there
hath been injury done to ye governm4 of Newhaven, & in par
ticular at Guilford & Stamford, in admitting of severall of ye
inhabitants there unto freedome w4h you & appointing officers,
which hath caused divisions in ye sd townes, which may prove
of dangerous consequence if not timely prevented, though I
doe hope ye rise of it is from misunderstanding & not in
designe of prejudice to y4 colony, for whom I gave assurance
to their friends that their rights <fe interests should not be dis
quieted or prejudiced by the Patent, but if both governm48
would w4h unanimous agreem4 unite in one, their friends
judged it for advantage to both. And further I must let you
know that testimony here doth affirme that I gave assurance
before authoritie here, that it was not intended to meddle with
any towne or plantation y4 was settled under any other gov
ernm4 ; had it been any otherwise intended or declared, it had
been injurious in takeing out ye Patent not to have inserted a
proportionable number of their names in it. Now upon ye
whole, haveing had serious conference wth their friends author
ised by them, & w4h others whoe are friends to both, to prvent
a tedious & chargeable tryall & uncertaine event here, I prom
ised them to give you speedily this representation how farre
you are ingaged, if any injury have been done by admitting
of freemen or apointing officers, or any other unjust intermed-
ling w4h N. Haven Colony in one kind or other without ye
approbation of ye governm4, that it be forthwith recalled, & y4
for future there wilbe noe imposing in any kind upon them,
nor admitting of any members w4hout mutuall consent, but y4
all things be acted as loveing neighbouring colonyes, as before
such Patent graunted ; & unto this I judge you are oblieged,
I haveing ingaged to their agents here y4 this wilbe by you

1663] JURISDICTION OF NEW HAVEN. 499
pformed, & they have thereupon forborne to give you or mee
any trouble, but they doe not doubt but upon future consider
ation there may be such a right understanding between both
governm48 y4 an union & friendly joineing may be established
to ye satisfaction of all, woh at my arrivall I shall alsoe
endeavor (God willing) to promote. Not haveing more at
p'sent in this case, I rest, Yor humble servant,
London, Mar. 3<*, 1662. John Winthrop.
Supscription, For Major John Mason, Deputy Governor of Conecticutt
Colony & ye rest of ye court there at Hartford, dd.
[359] A true coppy of his Majli" LT to the Governors Sf
Assistants of y' Massachusets, Plimouth, New Hauen,
Connecticutt Colonies, in New England, followeth f
Charles R.
Trusty and welbeloved wee greet you well, whereas we haue
been given to vnderstand that or good subjects Thomas Chif-
finch, John Scott, John Winthrop, Daniell Denison, Symon
Bradstreete, Thomas Millet,* Richard Smith, Edward Hutch
inson, Amos Richardson, John Afoocke, William Hudson, and
their associats having in the right of Major Asherton, a just
ppriety in the Narragansett countrey in New England, by
graunts from the native princes of that countrey, and being
desirous to improve it into an English colony & plantation to
the enlarging of or empire and the comon good of or subjects,
they are yet daily disturbed and vnjustly molested in their
possession & laudable endeavours by certaine vnreasonable &
turbulent spirits of Providence Colony of New England aforesd,
to the great scandall of justice & governm4 and the eminent
discouragem4 of that hopefull plantacon, wee haue therefore
thought fitt hereby effectually to recomend the said proprietors
to yor neighborly kindnes and protection, (the pprietors to be
pmitted peaceably to improve their colony and plantacon in
New England,) willing you to be on all occasions assisting to
them against such vnjust oppressions & molestations, that soe
they may be secured in the full and peaceable enjoyments of
their said countrey according to the right and title they have
to it, wherein we will not doubt of yor readines and care, and
shall on all good occasions express how gratiously we accept
of yor compliance with this our recomendation, and soe we bid
* Although here recorded Millet, yet in a copy of the same letter certified by
" James Bishop, Seer." and sent to Connecticut, (For. Gor. i. 2,) the name is written
Willett, which is correct. The name Asherton below should read Atherton.

500 RECORDS OF THE [1663
you farewell. Given att our. court att Whitehall, the 21th day
of June, 1663, in ye fifteenth yeare of our raigne.
By his Maj4ies comand,
Henry Bennett.
His Maj4>es signe manuell annexed.
Endorsed & directed as followeth,
To our trusty and welbeloved subjects, the Governors &
Assistants of ye Massachusetts, Plimouth, New Hauen,
and Connecticutt Colonyes, in New England.
Examined by the originall,
p me, Wm Jones.

Stamford.
Branford.

[360] At a Gen11 Court held at Newhauen for the Juris
diccon the 22th of Octob. 1663.
PrSENT. Deputies.
The Governor, L: John Nash, j f New HauS
Deputy Governor, James Bishop, )
Thomas Welch, J Milford
Mr. Jones, ") Richard Baldwin, J
Mr. Fenn, [Magis- Mr. Rob4 Kitchell, ) r ,f ,
M>\ Treat, Urates. George Bartlet, | ^UUIora-
Mr. Crane, J Mr. Rich: Lawe,
George Slawson,
L: Sam11 Swaine,
Lawrence Ward,
The Court being mett togeth1-, the governo1 informed them
y4 the comittee had sent a letter to Conecticutt lately, since
their returne from ye comissioners which is as followeth,
Honord Gent:
Seeing that it hath pleased the Almighty whoe is or defence,
(at this session of the comission1" %) not to suffer any mine to
spring for subverting that ancient wall of New Englands safety
which himselfe hath erected vpon the foundation of or soe
eolemne & religious cofoederation, but further vnanimously to
establish the same, wee thought it might not be vnacceptable
on or part to prsent you w4h our request at this season of yor
gen11 assemblyes meeting, that you would observe to doe
according to their conclusions, reminding to recall all & euery
of yor former acts of a contrary tendency and please to signify

1663] JURISDICTION OF NEW HAVEN. 501
the same to vs before our gen11 court held the 22th instant,
whoe will then expect it before they returne answer to yor
comittees pposalls. Yor cordiall & ready attendance vnto this
or request (we conceiue) wilbe noe obstruction to an amicable
treaty for complyance, but rather the contrary if the Lord
shall please to owne & succeed such endeavors as meanes for
the better flourishing of religion & righteousnes w4h peace in
this wildernes. And we canot apprhend y4 you need to feare
any damage to yor pattent hereby from his Majesties takeing
offence at soe honest a carriage, there being noe express inter
diction of Newhauen Colony inserted therein, nor any intendm4
of yor agent to haue it soe injuriously carried against vs, and
now alsoe haue you y encouragement of all yor confederates
to apollogise vpon y4 account in case any turbulent spirits
should suggest a complaint, whom the righteous God can coun
termand & disapoint, to whose wisdome & grace we recoihend
you& all yor weighty concernem48, resting Gentlemen,
Yor very loueing & expectant confederates,
The Comittee for N. H. Colony,
By James Bishop, Secretary.
New Hauen, Octob. 64h, 1663.
• Alsoe ye conclusions of the comission" in reference to this
colony was read to the court, with Mr. Winthrops letter
(which is alsoe recorded in page /x ) viz4: a transcript of w4
he wrote to ye court at Hartford.
The Deputies alsoe signified the mind of ye freemen as not
at all satisfied with Conecticutts comittees pposalls, but thought
there should be noe more treaty wth ym vnless they first restore
vs to our right state againe.
The matter was largely debated, & the court considering
[361] how they of || Conecticutt doe cast off or motion in ye
forementioned letter & giue vs noe answr, but that contrary
therevnto is reported as that they haue further encouraged
those at Guilford & Stamford, therefore this court did now
order that noe treaty be made by this colony w4h Conecticutt
before such acts of power exerted by them vpon any of or
townes be revoaked & recalled, according to Honord M1. Win
throps letter engaging the same, the comission" advice, & our
frequent desires.
It is ordered that ye magistrates or other officers where
there is noe magistrate, doe giue forth their warrants accord-

502 RECORDS OF THE [1663
ing to law, to attach & make seizure of such psonall estate in
pportion, for the paym4 of their rates, who vpon legall demand
made, haue or shall refuse the same, & that ye orders pvided
in case of distresses be carefully attended, provided y4 for the
prservation of the publique peace, in case of resistance & forci
ble rescue, violence be not vsed to occasion ye shedding of
bloud saving in their owne defence, but y4 such officer or offi
cers soe by force of armes resisted in discharge of their duty,
make report of such resistance & rescue with sufficient proofe
to y" magistrate or magistrates, or other officer of the planta
tion where it happens, in due season, to be prsented to the
generall court.
After this the court came to consider first, whether it was
not necessary for vs to vse meanes to England for our legall
settlem4 ? & after serious debate it was concluded as necessary.
2. What way or meanes might be best for y4 end? After
large debate therevpon, it was concluded as best for vs and
most feaseable as ye case now stands w4h vs that we seeke a
letter of exemption from his Maj4y & to leaue the matter con-
cerneing a pattent in or instructions to our agents in England
as they shall judge best.
Now for the obtaineing of this, it is ordered that a rate of
three hundred pounds be leuied vpon all the plantations in
this jurisdiccon & pprietors of Paugasett, in such pay as other
rates but att price currant w4h the marchant, & in this rate
noe pson to be exempted. This to be payd to any that shall
disburse moneyes vpon this account vpon convenient notice
given & demanded, the money appeareing to be payd.
Now for the managing of this affayre, a comittee was judged
necessary to draw vp matters into forme & send to some agents
in England whom they judge fittest, and for this end ye gov-
ernor & the magistrates & elders of Newhauen, with Mr.
Bache, were appointed a comittee for this affayre.
It is ordered that ye 284» of this moneth be kept a day of
solemne & publique thankesgiveing*for ye mercies of the yeare
past (through this colony) pticularly for a comfortable harvest
& health, & y4 yet y,° gospeU & liberties thereof is continued
to vs & our peace lengthened out in this our p'sent vnsettled

1663] JURISDICTION OF NEW HAVEN. 503
state, with sundry successes giuen to our endeavors in order
therevnto ; alsoe that the Lord by his mercifuU pvidence, who
euer watches ouer his people, hath been pleased to giue them"
some breathing time in ye enjoyment of present liberties not
withstanding their feares.
[362] || It is ordered that the 11th day of the next moneth
comonly called November, be set apart for extraordinary
humiliation & seeking of God by fasting & prayer in ye behalfe
of the aflicted people of God through the world, & y4 he would
looke towards vs in our exercised condition & guide to the
right vse of meanes for our settlement & giue a blessing to w4
endeavors shalbe vsed for y4 end.
It was ppounded to the court that they would againe encour
age a small troope, which they thought might be very vsefull,
& it was sd y4 Leiftenn4 Wheeler was willing to encourage the
buisines. The cort. vnderstanding y4 L: Wheeler was in ye
ordinary did send to speake w4'1 him, whoe conieing into ye
court & being desired to speake his thoughts concerneing it, he
declared, that he looked vpon it as very vsefull & necessary, &
thought the countrey was wanting to themselues in y4 they
did improoue noe more in y4 way, for he should choose to
lessen the foote company to strengthen the horse, especially if
an adversary had horse. He being asked if he had been excer-
cised in y4 way ? answered that his ability was but litle, some
thing he had done in it, &c, and being asked of his disposition
& inclination to ye worke, answrd that he liued something
remote & it would be a prjudice to him to attend it but he
would rather deny himselfe then the buisenes should ly still
for want of his helpe. The cort declared themselues willing to
encourage him & the worke, & ordered that if any would fur
nish themselues as troopers, being approved by the authority
& military officers in each plantation, this court should coun
tenance & encourage them.
Leiftenn4 Wheeler desired to ppound something to ys court,
& haueing liberty declared, that he found some annoyance by
the Indians planting soe neare their borders & not fenceing
any thing like, but their creatures may goe in as they will,
that he can keepe noe hoggs but in penns; now how far their

504 RECORDS OF THE [1663
duty is & y« Indians in reference to fenceing he desired to be
informed. It was told him y4 it were necessary y4 the Indians
should be prsent to see what allegations they can make, there
fore the court did advise him that he w4h the jnhabitants of
Paugaset & the Indians would come to Milford court, & there
to endeavour a complyance betweene ymselues before ym.
The salleries of the governor & deputy governor being left
at May court to further consideration, came now to be consid
ered, & concluded that they could gladly have abated nothing
of what was formerly, yet considering the low estate of the
colony & many falling off from us they agreed 40u for the
governr and ten pound for the deputy governor for this yeare.

[363] At a Court of Magistrates held at New Haven
the 9th of Decemb: 1663.
Prsent, the Governor, Deputy Governor, Mr. Jones, Mr.
Fenn, Mr. Treat & Mr. Crane.
John Cooper prsented his complaint to the cort against
Mary. Betts, a girle y4 lived with him, who had fired his barne
& corne in it, as by her confession hath appeared ; alsoe against
her sister Han ah Betts & her mother, as feareing they might
be accessary to it.
Goodwife Betts being prsent was wished to dept the court
for a while & Mary Betts was then called & asked her name,
whoe owneing her name to be Mary Betts, her examination
taken before the magistrates at Newhaven the 25th of Novemb:
1663, was read in her heareing before the cort, & is as fol
loweth, The Deputy Governor called her and told her y4 they heard
y4 shee had kindled the fire in her masters barne, whereby
barne & corne was all consumed, & therefore she was asked
how she did it ? She answered that shee did it with a fire-
sticke which she tooke out of the house, & being asked how
long she was about it, auswld a pretty while ; and being asked
w4 moved her to it, she answered that her sister Hannah bid
her when she was at their house; and being asked what her

1663] JURISDICTION OF NEW HAVEN. 505
sister sd to her, she answered that she sd that if she was bound
there she would sett the house & barne afire too ; and being asked
if shee disliked her place, answrd that she loved her dame well
but she had rather goe home to see her mother then stay there,
& she wished she might goe home with her sister, & further
sd y4 her sister advised her to doe it, for her sister was vexed
with her dame because her dame chid her, and she sd she chid
her because she could not doe the worke in the house, as
sweeping the house, washing ye dishes, &c; and being asked
w4 her dame sd to her sister, she answrd not, but sd that she
had it not in her thought to doe it before her sister spake soe
to her ; and being asked what moved her to doe it yesterday,
did yor dame chide you ? she answered yes ; and being asked
for w4 ? she sd because shee had tooke some of her aples out of
the tub & her dame sd y4 she would fill the tub againe & if
she tooke any more shee would whip her; and being asked
where her sister gave her that counsell ? she answld that it was
in the yard, when her dame was not at home, & she sd to her
that she could not abide she should live there, for she would
be nothing but chid. Then she was alsoe told that they had
heard y'4 she had threatned since- to burne the house, & was
asked ye reason why she sd soe, she answered because they
vexed her; this she spake to Jn° Ginne & goodw: Dickerman,
& being asked if she did not know it to be a wicked thing that
she had done, she answered yea. -
These things being read to her she owned in all the pticu
lars & sd that it was true which she had sd concerning her
sister; she was asked if she had considered of her wickednes
& if she had done well in it, she answered noe, nor would she
doe soe againe.
The Court vnderstanding that her mother had been w4h her
[364] at the || marshalls, asked her w4 her mother sd to her,
she answrd that her mother bid her speake the truth & asked
her if she set ye barne on fire, she answered yea ; she asked
her who see her, she answrd that Zachariah & Nathan11 How;
she asked her if her sister Hannah bid her? she answered y'4
she did ; then her mother sd that her sister did not bid her,"but
said she was a lieing girle, but Hannah would not lie.
64

506 RECORDS OF THE [1663
Then she was told seriously of her evill both against God &
her master, & how she had done the divells worke & given an
ill example to others, therefore had need to crave mercy soe
farre as may stand with justice.
Then shee was asked if her sister did not tell her of another
that did soe; shee answered that she told her y4 Mr. Cranes,
mayd burnt a barne & had nothing done to her & was released
from her servise, & she was a litle girle & if she did it she
would have nothing done to her but chid ; then she sd she
told her sister that she would not doe it, but her sister sd
she should & then shee should goe home, & she would have
her goe home w4h her, & further sd that if she was there she^
would burne the house & barne too.
Then Hannah Betts was called & told y4 she had heard what
her sister had charged withall, & therefore was warned to con
sider in whose presence she was, not onely before authority,
but in ye prsence of God whoe wilbe a swift witness against
those that shall speake falsely & judge over all her witnessing,
therefore to looke y4 she spake truth. She answrd y4 she
hoped she should. Then she was asked if she was not at
goodman Coopers a litle while before the fire ? she answrd she
was there, but how long before she knew not, but it was sd
that she went away the last day of the weeke was seven night
before the fire she went away ; in which goeing away there
appeared many disorders, both absenting herselfe without
leave, & when she could not gett over the ferry she came not
to her masters house but lay about from place to place all the
Sabbath till she went away to her mother, &c.
Then she was asked what she had to say to what her sister
had charged her withall, of counselling her to burne her mas
ters barne, &c, she denied it & sd she must lay it upon some
body ; it was replied why upon her, she answrd y4 she was a
child & y4 she was better lay it upon her then any else.
Then she was asked about the story of Mr. Cranes mayd, but
she at first did not owne it but sd she had not soe litle witt as
to thinke she should not be punished if she did soe.
Goodwife Betts was then called, & the court told her that
they had a sad occasion to call her concerneing her children &

1663] JURISDICTION OF NEW HAVEN. 507
they desired that trutii might appeare, that soe God might be
glorified. She answrd that she desired it with all her heart.
The court then told her that they desired y4 she would joine
w4h ym to find out the truth, she answrd y4 she did it; then
Mary Betts was asked in ye prsence of her mother, what moved
her to burne her masters barne, & she sd her sister Hanah;
[c65] || then the court told her mother that it was unnaturall
for her thus to doe if it was not soe, & y4 there was noe necessity
of laying it upon her or any else, & further told her that it was
beyond the device of such a child to frame such a story as she
hath alwayes stood too, haveing been charged to speake the
truth. She was asked therefore what she had to say to it?
She answered that she hoped it was not in her sister to doe
any such thing, & further sd that she had spoke w4h her
daughter Mary to day, & she told her that she had sd she did
it, but she did not doe it.
Then Mary Betts was asked if she told her mother y4 she
did not burne the barne? She answered noe. Then goodw:
Betts was told that she had defamed the authority wn she was
at Brauford, but she denied it & sd indeed shee had something
boyling in her mind against one about this busines & told a
friend of it, whoe counselled her to be silent if she could not
prove it, then she was sorry that shee should have any such
thoughts. Then goodw: Betts was told that she might take notice how
God had brought her owne daughter to confront her & her
sister before the court, but she sd her conscience was cleare in
it, & that it was the manner of her daughter Mary y4 when she
was in fault (at home) she would lay it upon her sister.
Then Hannah Betts was againe minded of w4 her sister had
charged her with, & was asked w4 she yet had to say to it?
She answrd that there was nothing of it true.
Mr. Crane then related how she stood before them at Bran
ford, & being told that she was a bold malepert girle, her
mother sd she was glad she was soe, for the righteous is as
bold as a lion. She being asked if she sd soe, confessed y4
she might say soe, for wch she was sharpely reproved.
Then goodman Cooper informed the court that he had

508 RECORDS OF THE [1663
heard that goodw: Betts being at goodw: Jones his house
(heareing of the fire but not of who had done it,) sd that she
looked upon it as a good pvidence that she had noe private
discourse wth her daughter Mary the 4th day of the weeke
before the fire was, she being at New Haven that day; now
she was asked why shee thus speake if y4 she did not thinke
it was her daughter. She answrd she had noe cause, onely
they being speakeing of her elder girle. She was alsoe minded
of some falsitie in her speeches, as y4 she had sd to this pur
pose, that goodman Andrewes was the first man that saw the
fire, & that it was soe high that the child could not doe it, &c,
when goodman Andrewes was then at the farmes & never saw
it, & she was alsoe told how y4 she stood in the defence of her
elder daughter in whose speeches falsities appeared, but was
against her younger daughter against which noe such thing
yet appeares.
Then goodman Cooper informed the cort how falsely Han
nah Betts had spoken, as that she rode from Branford to New
haven ferry & from the ferry to Mr. Trowbridges, when there
was evident proofe that she rode not from the farmes to the
[366] || waterside.
The Court being adjourned for a litle space & comeing
togethr againe asked goodman Cooper what hee thought his
loss might bee? Hee answrd that he would give a 100H to
be set in the same state as he was before, but he desired that
what was done might be that all might heare & feare & doe
noe more soe wickedly.
Then the Governor sd that he had not much further to say
to the litle girle, but the great girle being left under such sus
picion, her sister haveing layd such an accusation against her
even beyond her owne capacity, she was againe asked w4 she
had to say further, whether she was guilty or noe? she answrd
noe. Then she was asked againe if she did not tell her that
story about Mr. Cranes mayd burning a barne, &c; she
answered now that she had spoke to her of that but in noe
such way as was charged, but sd maybe she might say Mr.
Cranes mayd did burne a barne & was whipt for it, but she
knew not upon what occasion she spake it, & that it was at

1663] JURISDICTION OF NEW HAVEN. 509
goodman Dickermans. But the litle girle said that she never
spake to her before that time in y yard when her dame was
from home, & upon that occasion as before. Then Hannah
Betts was told how she had contradicted herselfe, before
denieing it, but now granting it, but yet minceing it as if it
was in y4 place or to that purpose, therefore she was told that
if she would bring Out the whole truth in a sensible way there
might be hope for her, otherwise w4 advantage would it be to
her to bring part of the truth & mixt lies with it.
The Court haveing spent much time to find out the truth
in ye case, did at last pceed to sentence as followeth, & first
for Mary Betts, the cort declared that shee being convicted upon
due examination in open court by her owne confession & other
circumstances that shee wilfully & in a degree maliciously set
fire to & burnt the barne & corne to a considerable value of
John Cooper of Newhaven, upon ye 24th of Novemb: last, to
the endangering of his dwelling house & other buildings, &c,
it is the judgem4 & sentence of this ' court that the sd Mary
Betts be publikely whipt, & at the same time weare an halter
about her neck visibly, the crime ppetrated being capitall by
the law, deserving death were shee of age capable of such cen
sure, as signified now by this sentence now given, to be exe
cuted in terror to others to prvent the like wicked practise by
her or any other for the future. It is alsoe ordered by this
court, y4 for satisfaction to the sd John Cooper for the great
damage he hath sustained by the sd fire, that he may at his
liberty sell or dispose of the sd Mary as a bond servant, for &
toward his satisfaction, to any pson & into any place within
some or other of the English plantacons of any of the 4 vnited
colonies in New England, & not elsewhere, y4 she may live
under publike ordinances for her soules good.
And for Hannah Betts, the cort declared that she being
accused and charged in open court by the sd Mary to have
counselled & abetted her in the sd wicked act, of which by all
circumstances duely weighed shee seemes to this court to be
guilty, yet wanting due proofe cafiot pceed to censure in y4
case, yet other complaints comeing in against her & proofe
made of her contemptuous carriage before authority, her fre-

510 RECORDS OF THE [1663
quent lieing & sundry disorders on the Lords day & other
[367] times, for all which || this court doe order the sd Han
nah Betts to be sett in ye stocks for the space of one houre (at
ye time of ye execution of ye sentence upon ye sd Mary.)
These sentences to be executed upon ym both alsoe at Bran
ford, a weeke after it is done at Newhaven, for a terror there
if the sd Mary shall goe thither to dwell.
And for goodwife Betts the mother of them, shee appeareing
faulty in respect of divers untruths, contemptuous carriage
before authority at Branford, evill example to her children,
tending to harden them in their evill wayes, contrary to the
duty of her relation, & to the good behavior she stands bound
too by the court or authority df Branford ; this court corhits
the further examination of the premises concerneing her to
the sd court, to pceed against her according to law.
This Court haveing received a letter from ye Right Honorble
Lords of his Majesties Privie Councell, saw cause to order &
publish as followeth, viz:
Whereas we the Governor & Councell of this Colony have
reoeived a letter from the Right Honorble Lords of his Maje4ies
Privie Councell, w4h a coppy of ye Act of Parliam4 for encreas-
ing & incourageing his Maje4ies shipping & navigation, sent
unto this Colony by order of the Gene11 Cort for the Massa
chusetts, It is therefore ordered that all psons in each planta
tion of this Colony shall forthwith w4h all convenient speed
pcure a coppy of the sd Act, & duely observe the same from
time to time, & that the officers already appointed by the
Gene11 Court, in each plantation, doe faithfully approve them
selves herein, for his Majet;es interest & revenue according to
the sd Act, as they will answer the neglect at their perill.
This Court some dayes after this received a letter from his
Maj4y by Capt' John Scott, directed to the governors & assist
ants of all the 4 colonies, as you find upon record, page A ,
and upon consideration of this with the former beforemen-
tioned, saw cause to send forth this Declaration, to be published
in all the plantations of this colony, which is as followeth, viz:

663] JURISDICTION OF NEW HAVEN. 511
Whereas the Kings Majesty by his letter under his owne
princely hand & signe manuell in red waxe annexed, beareing
date the 214l> of June, ('63,) from his royall court at White
hall, directed To his trusty & welbeloved subjects, the Govern
ors & Assistants of ye Massachusetts, Plymouth, New Haven
& Conecticutt Colonies, in New England ; & the Lords of his
Maje4ios most honor4,1e Privy Councell, in their letter from his
Maj4ies court aforesd, beareing date the 24th of June in the
yeare aforesd, supscribed, For his Maj4iea speciall service, To
our very loveing freind John Endecott, Esq ; Governor of his
Maj4ies plantations in New England, and to the Governor &
Councell of the Colony of the Massachusetts w4h the rest of the
Governors of the English plantations in New England respect
ively, and by order of the Gen11 Court at Boston entred upon
record in that court, is particularly directed to the Governor
of the sd Colony of Newhaven, in which letters his Maj4y hath
comanded this Colony many matters of weight, very much
respecting his Majesties servise & the good of this countrey in
gen11, expecting upon his displeasure the strict observance
thereof, which this court (most of the townes of this colony
being situate by the sea side & soe fitly accomodated to fulfill
[368] his Maj4ies || corhands) are resolved to their utmost to
obey & fulfill, but in their consultation thereabouts they find
through the disloyall & seditious principles & practises of some
.men of inconsiderable interests, some of his Majesties good
subjects in this Colony have been seduced to rent yin selves
from this Colony, by which division his Majesties affayres in
these parts (in case some speedy course be not taken for the
prevention thereof,) is like to suffer, the peace of this countrey
to be endangered, & the heathen amongst us scandalized ; the
which if we should connive at, especially at this time, his
Maj4y haveing soe particularly directed his royall comands to
this Colony as aforesd, we might justly incurre his displeasure
against us; this Court therefore doth in his Maj4ies name
require all the members and inhabitants of this Colony heartily
to close w4h the endeavors of the Governor & Assistants thereof,
for the fulfilling his Majesties comands in the sd letters
expressed, & in order thereunto to returne to their due obedi-

512 RECORDS OF THE [1663
ence and paying their arreares of rates for defraying the neces
sary charges of the Colony & other dues, w4hin six dayes after
the publication hereof, unto such pson or psons as are or shalbe
apointed to collect the same in attendance to the lawes &
orders of this Colony. All which being done, this Court shall
for ever passe by all former disobedience to the governm4 ; but
if any shall prsume to stand out against his Majties pleasure.
soe declared as aforesd concerning this Colony, at yr perill be
it, this Court shall not fayle to call the sd psons to a strict
account & pceed against ym, (as disloyall to his Maje4y & dis
turbers of the peace of this Colony,) according to law.*
* From the Connecticut Council Record.
" At a meeting of the councill the 28,h of Decemb', 1663.
John Winthrop, Esq1, Gou : Mr. Bray Rosseter, John Bishop, Isack Crittingdon &
Mr. Allyn, John Rosseter presented a declaration dated at New
Mr. Willys, Hauen, December 18, 1663, signed by James Bishop,
Mr. Woolcott, Secretary, which declaration was ordered by the court
Ll John Allyn, of magistrates at Newhauen afoarsayd to be published,
&c, as the sayd declaration declareth ; the sayd Mr. Rosseter allsoe complayneing of
some threatening expressions that haue bin by some uented against diuers that haue
submitted to the gouerment of Connecticut^
" This Councill haueing considered the premises & feareing the peace of the colony
will be interupted by these motions vnless some speedy course be taken to preuent it,
doe nominate & appoynt M'. Willys, John Allyn & M'. Wayt Winthrop to goe to Guil
ford to treat w"' Mr. Leet (and any other whom Mr. Leet shall desire to joyne w1'1 him
selfe) about the indemnity of the persons & estates of those that haue actually joyned
to or gouerment, according to these followeing instructions,
" 1. If the sayd Mr. Leet will giue securety by his word for the indemnity of the
afoarsayd persons and y estates, then you are to propbwnd some propositions for
or vniteing, according to priuate instructions.
" 2. If they will attend any such propositions, if you cannot com to a conclution &
issue, you are to appoynt a meeting at Midleton for a farther treaty, where this coun
cill will send a comittee fully impowered to conclude all matters between us and N.
Haven and the rest.
" 3. If none of these propositions will be attended by them, then you are in his
Malies name & by order from the councill of this colony to require them to forbear
putting in execution there afoarsayd declaration against any of those that haue joyned
to or gouerment, & allso to administer the oath of a constable to John Meggs, and to
require him to use his utmost endeauour to mayntajne the peace of this colony
amongst those at Guilford that haue joyned to the gouerment of this colony."
The following is all that remains of any correspondence which passed at this time.
[Misc. i. 75. Draught by Secretary Allyn.]
Guilford, Decemb1- 30'i>, 1663.
Worthy S',
After the presentation of or seruice unto yourselfe, you may please to under
stand that we vnderwritten, being a comitte authorized by the council of y Colony
of Conecticutt, doe desire that yourselfe would be pleased to giue us a meeting to

1663] jurisdiction of new haven. 513
At a Gene11 Court held att New Haven for the Juris
diccon, the 7th of January, 1663.
PrSENT,
Deputies.
The Governor, L. John Nash, ) , XT ^
Deputy Governor, James Bishop, \ for N< Haven-
Tho: Welch, ) M.,„ ,
Mr. Jones, ^| Rich: Baldwin, \ Mlltord-
Mr. Fenn, I ¦M-n ¦ . . John Fowler, ) n .,, ,
Mr. Treat, {Magistrates. John gcrant;m) j Guilford.
M'. Crane, J M'. Rich: Lawe, ) 0. , ,
L: Fra: Bell, > Stamford.

L: Sam11 Swaine, ) t, ~ -,
Lawrence Ward; j BrailfOTd-

The publishing of the former declaration at Guilford occa
sioned Mr. Rossiter & his son to goe up to Conecticutt, &
there obtained two of their magistrates, marshall & sundrie
others to come downe w4h them to Guilford on the 30th of
Decemb: last, whoe comeing into the towne at an unsea
sonable time of night, their partie by shooting off sundry
guns caused the towne to be alarmed unto great disturbance,
& some of them giveing out threatning speeches, which caused
[369] the governor to send away speedily to || Branford and
Newhaven for helpe,* which caused both those townes. to be
morrow about nine of y clocke, to treat of such things as present concernments doe
require, Yours, Sam. Willys,
Sr, we desire your answer by ye bearer. John Allyn,
James Richards,
Wait Winthrop.
These for Wm Leete, Esq' at his house in Guilford.
[Misc. i. 74. In handwriting of Gov. Leete.] Guilford, Dec. 30"", 1663.
Hontd Gentlemen,
My answer sent before by Jonatha Gilbert was in ernest,to let you know my true
capacity & resolutio, fro w«h I cannot recede, & rest, Yo" in w< I may,
[Willm Leete.]
For Mr. Willis, Mr. Jo. Allin, Mr. Riehards, [Mr. Waite Winthrop.]
* At a General Court for New Haven, December 31, 1663, Mr. Jones acquainted the
town with the business of Guilford the last night, and how they had sent away six
troopers to see what the matter is, but ordered them not to provoke, neither by word
nor action, but to keep the peace. Town Rec. iii. 31.
In the spring of 1665, after the union, Mr. Rossiter procured a summons for the
65

514 RECORDS OF THE [1663
alarmed alsoe, to great disturbance, ye same night, which
caused sending of men both from New Haven & Branford.
Now for the gaineing of a right understanding of the busines,
& to consider w4 to doe upon this & the like accounts, occa
sioned the calling of this court, though the weather proved
very unseasonable.
But the Court being mett together (soe many of ym as could
possibly stay,) the governo1 related the whole buisines to the
best of his remembrance, & among other things he informed
the court that those gent: of Connecticutt that came downe
with Mr. Rosseter & his sonne did earnestly desire that there
might be at least a suspension of the execution of that declar
ation, till there might be another conference betwixt them &
us, wherein they hoped matters might come to a more com
fortable issue, & they very earnestly pressed for such a thing,
urging how dangerous the contrary might be, for they sd that
w4 we did to those men whom they had admitted, they must
take it as done to Conecticutt Colony, <fcc. Therefore he now
desired to know the mind of the court, whether they would
yeild to them soe farre or noe ; but the court considering how
fruitles all former treaties had been, & y4 they had formerly
ordered that there should be noe more treaty with ym unless
they first restore us those members which they had soe unright
eously tooke from us, therefore did now againe confirme ye
same, & in ye issue came to this conclusion, to desire Mr.
Davenport & Mr. Streete to draw up in writing all our griev
ances & then w4h the approbation of as many of the comittee
as could come together, to send it to Conecticutt, unto their
gen11 assembly, which accordingly was done in March next,
which writing you have recorded after the conclusions of this
court, with arguments annexed & sundry testimonies both
from Guilford and Stamford.

appearance of Mr. Leete and William Seward before the court at Hartford, to answer
" an action of vniust molestation mannadged in an hostil manner," grounded on what
took place at this time, whereupon Mr. Leete went over to New Haven to see if they
would stand by him, for what he did then, he did as governor of the colony. The
town voted that he was justified, but the court and jury found for Mr. Rossiter costs
of court, but could not agree as to the damage. The case was afterwards appealed,
and settled by the general court. N. H. Town Rec. in. 65. Rec. P. Court 31, 38.
Trumb. Col. Rec. Conn. ii. 23, 25, 26, 40.

1663] JURISDICTION OF NEW HAVEN. 515
Then it was alsoe ppounded whether this court would con
firme the former declaration sent forth by the magistrates,
which was by vote concluded.
It is alsoe ordered that for the prservation of the peace of
this colony, & for the more speedy execution of justice in each
of the plantations thereof, a court of magistrates may sit with
full power to act & doe in all matters within their power by
former laws established, in any of the plantations within this
colony, as if the same were at Newhaven, any law or former
vsuage to the contrary notw4hstanding, pvided the same be
upon lawfull sufhons. This to continue till further order.
It was alsoe ppounded to this court about the respect shewed
to Capt' Scott & the charges that had been expended, whether
they would allow it or not, alsoe some wheate, indian, boards
& leather, which he had received. The court considering that
he had been a good freind to the colony in generall, & to some
principle psons in particular, did by vote conclude that it
should be allowed by the publike.
It was alsoe agreed that the comittee should treate wth Capt.
Scott about getting a Pattent for Delaware.

[At a meeting of the Council of Connecticut February 6th, 1663, Mr. Samuell Wil
lys, Mr. Henry Wolcott, John Allyn and Mr. James Richards, were desired to go to
Guilford and New Haven with these instructions.
" It is agreed by the councill that if o' honoured freinds of N. H.,
Guilford, Brandford, Milford & Stanford, will treat wlh us for an
accomadation, then we will graunt & confirme to them all such priui-
ledges as they shall desire, which are not repugnant to the tenour of
or charter. (" This followeing perticuler is not to be put in execution before we
heare what or honord gouernour Sr the rest effect there.)
" But if they will not treate w"1 us, & agree for their setiement,
then they are hereby ordered to read the charter at a publique meet
ing (if they can attaine it) & to declare that we expect their submis
sion to his Majesties order therein conteined; & allso to comission
those' now in place to gouerne the people there according to lawe untill
farther order be taken, & to draw up a declaration which shall be
publiquely made knowen to y' people, whereby they may be informed
what rationall & christianlike propositions haue bene made to the
gent" there, in seuerall treaties for the setiement of or & their vnion."
Conn. Council Rec.
The committee set out on their mission towards the latter part of the month, and the
following documents shew what was done.

516 RECORDS OF THE [1663
[Conn. Rec. Misc. i. 78. In handwriting of William Jones.]
24lh 12°> 1663.
Gentlemen, In order to treaty we propound as a necessary expedient
that yow redintigrate or colony by restoring or members at Stamford
and Gilford, that the confederation may be repaired & prserved, then
we have powr from o' gen1' court to treat wth yo" and to settle agreem1"
according to God, between yor colony & ours for future peace betweene
vs, for o'selvs and or posterity mutually, w°h we shall readily attend
vpon or receipt of yor positive consent to the prmises testified by
yor joint subscription therevnto being made an authenticall act,
Willm Leete,
Mathew Gilberte,
W* Jones,
Beniamin Fenn,
Jasper Crane,
Robert Treatt.
[Misc. i. Doc. 77. Draught by John Allyn.]
Feb. 24% 1663.
Gentlemen, In answer to your proposalls & as an expedient for
ye promoteing of peace we propound as followeth,
1. In refference to your dissatisfactions respecting diuers persons
of Gilford & Stamford, & to preuent diuissions in those plantations, it
is agreed that they be ordered to submitt to ye same authority wth their
neighbours in those places.
2. It is agreed that all ye elected officers in N. Hauen, Gilford, Mil
ford, Branford, be hereby authorized to administer justice to the people
in those plantations according to lawe, & the people to chuse new
officers at N. Hauen at yr usuall time for that purpose for the man
agement of yr affayres w'hm those plantations, wlh due caution that
o1 pattent be noe wayes violated y'by.
3. That all motions or occasions tending to obstruct further vnion
be carefully shuned, & that all past greiuences be buryed, upon a
penalty on any that shall reuiue them.
4. And that it be referred to ye prudent consideration of those in
place of authority both in ch: & comonwelth to thinke of accomoda
tions most conduceable to ye settlem' of religion & righteousnesse
vpon the firmest basis of peace, truth and vnity, for the benefit of pos
terity, & yl some sutable persons doe meet to y* purpose when either
the much honrd Mr. Winthrop or Mr. Leet shall judge it a fit season,
y' soe brotherly amity may be propagated to future ages.
Sam" Willys,
Henry Woolcott,
John Allyn,
James Richards.
[Misc. i. Doc. 79. In an unknown hand.]
Feb: 25: 1663.
Gentlemen,
_ As to your first artickle in your paper sent vs, wee quaerye whyther
it bee an authentick act as donne by yow, or not tyll it bee confyrmed

1663] JURISDICTION OF NEW HAVEN. 517
by your generall assembly; woh if it bee, wee desyre that yow doe sig-
nifye soe much vnder your hands, as also that they are possitiuely
restored to this iurysdiction by vertue thereof.
Willm Leete, in the name of the rest
of ye Magistrates.
[In the hand of John Allyn.]
Feb. 25, 1663.
Gentlemen, In answer to yours we returne that we are ready to make authen-
tick what we haue proposed to you, if you please to treat w11' us as they
are propounded. John Allyn, in ye name of ye Comitte.
We expect your answer whether you please thus to treat wlh us or
not.]

[370] The writings sent to the Gen11 Assembly of Conecticutt
here followeth, & the first is called
Newhavens case stated.
[To ye honord John Winthrop, Bsqr, Governor, or to ye honord
Major Mason, Deputy Governor of Conecticut Colony, to be
comunicated to the honord the Generall Assembly for ye sd
Colony.]
Honord & Beloved in the Lord,
We, the Gen11 Court of New Haven Colonie, being sensible
of the wrongs which this Colony hath lately suffered by yor
unjust prastenses & encroachm4s upon our just & pper rights,
have unanimously consented, though w4h greife of heart, being
compelled thereunto, to declare unto you & unto all whom
the knowledge thereof may concerne, what yorselves doe or
may know to be true, as followeth,
1. That the first beginners of these plantations by the sea
side in these westerne parts of New England, being ingaged to
sundrie freinds in London & in other places about London,
(who purposed to plant, some with ym in the same towne, &
others as neare to ym as they might,) to pvide for themselves
some convenient places by the sea side, arrived att Boston in
the Massachusetts, (haveing a speciall right in their Pattent,
two of ym being joint purchasers of it w4h others, & one of ym
a pattentee & one of .ye assistants chosen for the New England
Company in London,) where they abode all the winter fol-
loweing, but not findeing there a place suitable to their pur
pose, were pswaded to view these parts, which those that
viewed approved, and before their removeall, findeing that noe
English were planted in any place from ye fort (called Say
Brook) to the Dutch, purposed to purchase of the Indians the

J 518 records of the [1663
naturall pprieto™ of those lands, that whole tract of land by
the sea-coast for themselves & those y4 should come to ym,
which they alsoe signified to their freinds at Hartford in
Conecticutt Colony, & desired that some fitt men from thence
might be imployed in y4 busines, at their pper cost & charges
whoe wrote to them. Vnto which letter haveing received a
satisfieing answer, they acquainted the court of magistrates of
Massachusetts Colonie w4h their purpose to remove & the
grounds of it, and w4h their consent began a plantation in a
place situated by the sea, called by the Indians Quillipiack,
which they did purchase of the Indians the true pprietors
thereof, for themselves & their posterity, & have quietly pos
sessed the same about sixe & twenty yeares, & have buried
great estates in buildings, fensings, clearing the ground, & in
all sorts of husbandry, without any helpe from Conecticutt or
dependance upon them. And by voluntary consent among
themselves they settled a civill court & governm4 among
themselves, upon such fundamentalls as were established in
Massachusetts by allowance of their pattent, whereof the then
governor of the Bay, the Right Worp11 Mr. Winthrop sent us a
coppie to improve for our best advantage. These fundamen
talls all the inhabitants of the sd Quillipyack approved, &
bound themselves to submitt unto & maintaine, & chose The
ophilus Eaton, Esq; to be their governor, with as good right
as Conecticutt settled their governm4 among themselves &
continued it above 20 yeares without any pattent.
2. That when the helpe of Mr. Eaton our governor & some
others from Quillipiack was desired for ending of a controversie
at Weathersfield, a towne in Conecticutt Colony; it being
judged necessary for peace y4 one partie should remove theyr
[371] dwellings, upon equall satisfieing tearmes || pposed, the
governor, magistrates, &c, of Connecticutt offred for their part
y4 if the partie y4 would remove should find a fitt place to plant
in upon the river, Conecticutt would grant it to them; and y°
governor of Quillipyack, (now called Newhaven,) & the rest
there present joined with him & pmised that if they should
find a fitt place for ymselves by the sea-side, Newhaven would
grant it to them, which accordingly Newhaven pformed, & soe
the towne of Stamford began & became a member of New
-Haven Colonie, & soe continueth unto this day. Thus in a
publike assembly in Conecticutt was the distinct right of
Conecticutt upon the river & of Newhaven by the sea-side
declared w4h consent of the governor, magistrates, ministers &
better sorte of ye people of Conecticutt at y4 time.
3. That sundrie other towneships by the sea-side, & South-
hould on Long Island, (being settled in theyr inheritances by

1663] JURISDICTION OF NEW HAVEN. 519
right of purchase of theyr Indian pprietors,) did voluntarily
joine themselves to Newhaven to be all under one jurisdiccon,
by a firme ingagem4 to ye fundamentalls formerly settled in
Newhaven, whereupon it was called New Haven Colonie.
The gen11 court being thus constituted, chose the sd Theophi
lus Eaton, Esq ; a man of singular wisdome, godlines & expe
rience, to be the governor of New Haven Colonie, & they chose
a competent number of magistrates & other officers for the
severall townes. Mr. Eaton soe well manadged y4 great trust
y4 he was chosen governor every yeare while he lived. All
this time Conecticutt never questioned w4 was done at New
haven, nor prsetended any right to it, or to any of the townes
belonging to this colony, nor objected against our being a dis
tinct colonie.
4. That when the Dutch claymed a right to New Haven &
all along the coast by the sea side, it being reported they would
sett up the prince of Auranges armes, the governor of New
haven to prvent that, caused the king of Englands armes to be
fayrely cutt in wood & sett upon a post in the highway by the
sea side, to vindicate the right of the English, without consult
ing Conecticutt, or seeking their concurrence therein.
5. That in the yeare 1643, upon weighty considerations, an
union of foure distinct colonies was agreed upon by all New
England (except Road Island) in their severall geni' courts, &
was established by a most solemne confcederation, whereby
they bound themselves mutually to prserve unto each colonie
its intire jurisdiccon within itselfe respectively, and to avoyd
the putting of two into one by any act of their owne w4hout
consent of the comissionrs from the 4 united colonies, which
were from y4 time & stiU are called & knowne by the title of
the foure United Colonies of New England; of these colonies
Newhaven was & is one. And in this solemne confcederacon
Conecticutt joyned with the rest and with us.
6. That in the yeare 1644, the gen11 court for Newhaven
Colonie, then sitting in ye towne of Newhaven, agreed unan
imously to send to England for a Pattent, & in ye yeare 1645,
comitted the pcureing of it to Mr. Grigson, one of our magis
trates, whoe entred upon his voyage in January y4 yeare from
Newhaven, furnished with some beavor in order thereunto as
we suppose, but by the providence of God, the ship & all the
passengers & goods were lost at sea in their passage toward
England, to or great [loss] & the frustration of y4 designe for
y4 time ; after which the troubles in England put a stop to or
pceedings therein. This was done w4h the consent & desire of
Conecticutt to concurre with N. Haven therein ; whereby the
difference of times & of mens spirits in them may be discoy-

520 RECORDS OF THE [1663
ered, for then the magistrates of Conecticutt with consent of
[372] || their gen11 court, knoweing our purposes, desired to
joine with New Haven in pcureing y4 pattent for comon privi-
lidges to both in their distinct jurisdiccons, & left it to Mr.
Eatons wisdome to have the pattent framed accordingly. But
now they seeke to pcure a pattent without the concurrence of
Newhaven, & contrary to our minds expressed before this
pattent was sent for, & to their owne promise, & to ye tearmes
of the confcederacon ; and without sufficient warrant from their
pattent they have invaded our right, & seeke to involve New
haven under Conecticutt jurisdiccon.
7. That in the yeare 1646, when the comissionrs first mett
at Newhaven, Keift the then Dutch governor by lett™ expos
tulated w,h ye comissionrs, by what warrant they mett at New
haven w4hout his consent, seeing it & all by the sea coast
belonged to his principalis in Holland, & to the Lords ye States
Gen11. The answer to y4 letter was framed by Mr. Eaton,
governor 0f jj. Haven, and then prsident of the comission,
approved by all the comission™, & sent in their names, w4h
their consent to the then Dutch governor, who never replied
thereunto. 8. That this colony in ye reigne of the late King Charles
the first, received a letter from ye comittee of Lords & Comons
for forreigne plantations, then sitting at Westminster, which
letter was delivered to our governor Mr. Eaton, for freeing the
severall distinct colonies of New England from molestations
by the appealing of troublesome spirits unto England, whereby
they declared that they had dismissed all causes depending
before ym from New England, & that they advised all inhabit
ants to submitt to their respective governm48 there established,
& to acquiesce wn their causes shalbe there heard & deter
mined; as it is to be seene more largely expressed in the
originall, which we have subscribed, Yor assured freinds,
Pembrook, . Manchester, Warwick,
W. Say & Seale, Fr. Dacre, &c, Denbigh.
In this order they subscribed their names with their owne
hands, which we have to shew, & they inscribed or directed
this letter, To our worthy freinds, the governor fo assistants
of the plantations of Newhaven, in New England.
Whereby you may clearely see y4 ye right honorl)1e the
earle of Warwick & the lord viscount Say & Seale (lately
one of his maj4ies yt n0w is, King Charles the 2d his most
honorble privy counsell, as alsoe the right honorble earle of
Manchester still is,) had noe purpose after Newhaven Colonie
situated by the sea-side was settled to be a distinct governm4,
y4 it should be put under the pattent for Conecticutt, whereof

1663] JURISDICTION OF NEW HAVEN. 521
they had onely framed a coppy, before any house was erected
by the sea-side from the fort to the Dutch, which yet was not
signed & sealed by the last king for a pattent, nor had you any
pattent till yor agent Mr. Winthrop pcured it about two yeares
since. 9. That in ye yeare 1650, wn the comissionrs for the 4
Vnited Colonies of N. Eng' met at Hartford, the now Dutch
governor being then & there present, Mr. Eaton, the then
governor of Newhaven Colonie, complained of the Dutch
governors encroaching upon our colonie of Newhaven, by take
ing under his jurisdiccon a towneship beyond Stamford, called
Greenwitch. All the comissionrs (as well for Conecticutt as for
the other colonies) concluded that Greenewitch & foure miles
beyond it belongs to Newhaven jurisdiccon, whereunto the
[373] Dutch governor then yeilded, & restored || it to New
haven Colonie. Thus were our bounds westward settled by
consent of all.
10. That when the honord governor of Conecticutt, John
Winthrop, Esq ; had consented to undertake a voyage for Eng
land to pcure a pattent for Conecticutt, in the [year] 1661, a
freind warned him by letter not to have his hand in soe
unrighteous an act, as soe farre to extend the line of their
pattent y4 the colonie of Newhaven should be involved w4hin
it. For answer thereunto, he was pleased to certify that freind
in two letters which he wrote from two severall places before
his departure, that noe such thing was intended, but rather
the contrary, & that the magistrates had agreed & expressed
in the prsence of some ministers, that if their line should reach
us (which they knew not, the coppie being in England,) yet
Newhaven Colony should be at full liberty to joine w4h them
or not. This agreem4, soe attested, made us secure, who else
could have pcured a pattent for ourselves, w4hin our owne
known bounds, according to purchase, w4hout doeing any
wrong to Conecticutt in their just bounds and limitts.
11. That notwithstanding all ye prsemises, in the yeare
1662, when you had received yor patient, under his ma^'
hand & seale, contrary to yor pmise & solemne confcederacon
& to comon equity, at yor first gen11 assembly (which yet
could not be called gen11 w4hout us, if we were under your
pattent, seeing none of us were by you called thereunto,) you
agreed among yourselves to treate w'h Newhaven Colonie
about union, by yor comissionrs chosen for that end, wUiin two
or three dayes after y4 assembly was dissolved, but before the
ending of that session you made an unrighteous breach in or
colonie, by takeing under yor pattent some of ours from Stam
ford, & from Guilford, & from Southhold, contrary to y
Q6

622 RECORDS OF THE [1663
ingagem48 to Newhaven Colonie, & w4hout our consent or
knowledge. This being thus done, some sent from you to
treate wsh us shewed some of ours yor pattent, which being
read, they declared to yours that N. H. Colonie is not at all
mentioned in yor pattent, & gave you some reasons why they
beleived y4 the king did not intend to put this colonie under
Conecticutt w4hout our desire or knowledge; & they added
that you took a prseposterous course in first dismembring this
colony, & after that treating w4h it about union, which is as if
one man purposing to treate w4h another about union first
cutt off from him an arme & a legg & an eare, then to treate
w4h him about union. Reverend Mr. Stone alsoe, the teacher
of the church at Hartford, was one of the comittee, who being
asked what he thought of this action, answered y4 he would
not justifie it.
12. After that conference, our comittee sent by order of ye
gen11 court, by two of or magistrates & two of or elders, a
writeing containeing sundry other reasons for our not joineing
w4h you, who also findeing y4 you psisted in your owne will &
way, declared to you our owne resolution to appeale to his
maj4y to explaine his true intendm4 & meaneing in your pattent,
whether it was to subject this colony under it or not; being
pswaded, as we still are, y4 it neither was nor is his royall will
& pleasure to confound this colonie w4h yours, which would
destroy the soe long continued, & soe strongly settled distinc
tion of the 4 United Co7onies of New England, w4hout our
desire or knowledge.
13. That accordingly we forthw4h sent our appeale to be
humbly prsented to his ma4ie by some freinds in London, yet
out of our deare & tender respect to Mr. Winthropes peace &
honor, gome of us advised those freinds to comunicate or papers
first to honord Mr. Winthrop himselfe, to the end that we might
find out some efectuall expedient to put a good end to this
uncomfortable difference between you & us ; else to prsent our
humble address to his maj4y. Accordingly it was done, & Mr.
Winthrop stopped the pceeding of our appeale by underfake-
ing to our freinds that* [matters should be issued to our satis
faction, & in order therunto hee was pleased to write a letter
to Major Mason yor deputye gouernor, & the rest of the court
of Connecticutt Colonie, from London, dated March 3d, 1662,
in these words, — Gentlemen, I am enformed by some gentle
men who are authorized to seeke remedy heer, that since yow

* The remainder of this document is not recorded, but two blank pages were left
for that purpose. What follows in brackets is from the original in the handwriting of
Rev. Mr. Street, with occasional corrections by Mr. Jones, preserved in Misc. i. doc. 80.

1663] JURISDICTION OF NEW HAVEN. 523
had the late pattent there hath binn injury done to the gou
ernm4 of Newhaven, & in pticular at Guilford & Standforde in
admitting seuer11 of the inhabitants there vnto freedome w4h
yow, & appointing officers, woh hath caused deuission in the sd
townes, wch may proue of dangrous consequence if not timely
pruented, though I doe hope the rise of it is from missunder-
standing & not in designe of prjudice to that colonie, for whom
I gaue assurance to theyr freinds that theyr rights & intrests
should not bee disquieted or prjudiced by the pattent. But if
both governm13 would w4h vnanimous agreem4 vnite in one,
theyr freinds judged it would bee for advantage to both, &
farther, I must lett yow knowe that testimonie heer doth
affirme that I gaue assurance before authoretye heer, that it
was not intended to medle w4h any towne or plantation that
was settled vnder any other gouernm4. Had it binn any other
wise intended or declared, it had binn injurious in taking out
the pattent not to haue enserted a pportionable number of
theyr names in it. Now vpon the whole, haueing had serious
conference w4h theyr friends authorized by them, & wth others
who are freinds to both, to pruent a tedious & chargeable tryall
& vncertaine euent here, I pmised them to giue yow speedily
this representation, how farr yow are engaged, if any injurye
hath binn done by admitting of freemen, or appointing officers,
or any other intermedling wth Newhaven Colonie in one kinde
or other wthout approbacon of the gouernm4s, that it be forth-
w4h recalled, & that for future there will bee noe imposeing
upon them nor admitting of any members w4hout mutuall con
sent, but that all things be acted as loueing, neighbouring
colonies, as before such pattent graunted. And vnto this I
judg yow are obliged, I haueing engaged to theyr agents here
that this wilbe by yow pformed, & they haue therupon forboren
to giue yow or mee any further trouble. But they doe not
doubt but upon future consideration there may be such a
right vnderstanding between both gouernm48 that an vnion &
friendly joyning may be established to the satisfaction of al,
woh at my arriueall I shall endeauour (God willing) to pmote.
Not haueing more at prsent in this case, I rest,
Yor humble srvante,
John Winthrop.
The coppie of this letter was sent to Mr. Leete vnsealed, wth
Mr. Winthrops consent, & was written by his owne hand, &
the substance of this agreem4 between some of our friends in
London is fully attested by them in theyre letters to some of
vs. Say not that Mr. Winthrops acting in this agreem4 is
nothing to yow, for he acted therin as yor publick & comon

524 RECORDS OF THE [1663
agent & plenipotentiary, & therfore his actings in that capacitie
& relation are yora in him.
14. That after Mr. Winthrops returne, when some from
yow treated againe w4h our comittee about vnion, it was
answered by or comittee that we could not admitt any treaty
w4h yow about that matter tyll we might treate as an intire
colonie, our members being restored to vs whome yow haue
vnrighteously w4hheld from vs, wherby also those parties haue
bine many wayes injuriouse to this gouernm4, and disturbers
of our peace ; wch is & will be a barr to any such treatie till it
be remoued, for tyll then we cannot joine w4h yow in one gou
ernm4 w4hout fellowship in your sin.
15. That after this, nothing being done by yow for our just
satisfaction, at the last meeting of the commissionrs from the
four Vnited Colonies of New England, at Boston on the A
day of Septembr, 1663, the commission1,8 from Newhauen Col
onie exhibited to the other commission™ theyr confederates, a
complainte of the greate injuries done to this colonie by Con
necticut^ in the prsence of yor commission™, who for answer
therunto shewed what treaties they haue had wth Newhaven,
but that plea was inconsiderable through yor psisting in
vnrighteously w4hholding our memb48 from vs, whearby our
wounds remaine vnhealed, being keept open & continually
bleeding. The result of the commission™ debates about that
complaint was in these words, The commission™ of Massa
chusetts & Plimouth haueing considered the complaints exhib
ited by Newhaven against Connecticutt, for infringeing theyr
power of jurisdiction, as in the complainte is more pticularly
expressed, togeither w4h the answer returned therto by Con
necticutt commissionrs, w4h some other debates & conferences
that haue passed between them, doe judge meet to declare,
that the sd Colonie of Newhauen being owned in the Articles
of Confederation as distinct from Connecticutt, & haueing bin
soe owned by the colonies in this prsent meeting, in all theyr
actings, may not by any act of viollence haue their libertie of
jurisdiction infringed by any other of the Vnited Colonies
w4hout breach of the Articles of Confcederation, & that where
any act of power hath bin exerted against their authoritie,
that the same ought to be recalled, & their power reserued to
them intire, vntill such time as in an orderly waye it shall be
otherwise disposed. And for pticular greiuances mentioned
in theyr complainte, that they be reffered to the next meeting
at Hartford, &c.
Wee suppose that when they speak of disposeing it other
wise in an orderly way, they mean w4h our free consent, there
being noe other orderly way by any act or power of the Vnited

1663] JURISDICTION OF NEW HAVEN. 525
Colonies for disposeing the colonie of Newhauen otherwise
then as it is a distinct colonie, haueing intire jurisdiction w4hin
itself, wer. our confederates are bound by theire solemne con
federation to prserue inviolate.
16. That before yor generall assembly in Octobr last, 1663,
our comittee sent a letter vnto the sd assembly, wherby they
did request that our members by yow unjustly rent from us
should be by yow restored vnto vs, according to our former
frequent desires, & according to Mr. Winthrops letter & prom
ise to authority in England, & according to justice, <fe accord
ing to the conclusion of the commission™ in theire last session
at Boston, whereunto yow returned a reall negative answer
contrary to all the prmises, by makeing one Brown yor con
stable at Stamforde, who hath been sundrie wayes injurious
to vs & hath scandalously acted in the highest degree of con
tempt, not onely against the authority of this jurisdiction but
also of the king himself, pulling downe wth contumelies the
declaration wch was sent thither by the courte of magistrates
for this colonie, in the kings name, & comanded to bee sett vp
in a publick place that it might bee read & obeyed by all his
majesties subjects inhabiting our towne of Stamford.
17. That thereupon at a generall courte held at Newhaven
for the jurisdiccon, the 22th of Octobr, 166o, the deputies for
this generall courte signified the minde of our freemen as not
at all satisfied w4h the proposall of the comittee from Conecti
cutt, but thought there should be noe more treatie w4h them
vnless they first restore vs to our right state againe. The mat
ter was largely debated, & this gener11 courte considering how
they of Conecticutt doe cast of our motion in the foremen
tioned letter & giue vs noe answer, but that contrary there
unto, as is reported, they haue further encouraged those at
Guilford & Stamford, therfore this courte did then order that
noe treaty be made by this colonie w4h Conecticutt before such
acts of power exerted upon any of our townes be reuoked &
recalled, according to honord Mr. Winthrops letter ingageing
the same, the comission™ advice, & our frequent desires.
18. That in this juncture of time wee receiued two letters
from England, mentioned in the following declaration pub
lished by the courte of magistrates vpon that occasion, in
these words ; Whereas this colonie hath receiued one letter
under his majesties royall hand & seale (manuall in red wax)
annexed, bearing date the 21th of June, 1663, from his royall
courte at Whitehall, directed To his trusty & well beloued
subjects the governors & assistants of the Massachusetts, Pli-
mouth, Newhaven & Conecticutt colonies in New England ;
and one other letter from the lords of his majesties most hon-

526 RECORDS OF THE [1663
ourable priuie counsell, from his majesties courte aforesaid,
bearing date the 24th of June in the yeare aforesd, super
scribed, For his maj4ies speciall seruice, and directed To our
very loveing friend John Endeicott, Esq4, gouernour of his
majties plantacons in New England, & to the gouernour &
counsell of the colonie of the Massachusetts, w4h the rest of the
gouernors 0f the English plantations in New England respect-
iuely, & by order of the gener11 courte at Boston recorded in
the courte, it is pticularly directed to the gouernor of the col
onie of Newhaven ; in wch letters his maj4y hath comanded
this colonie many matters of weight, very much respecting his
maj4ie8 seruice & the good of this country in gener11, expecting
vpoii displeasure the strict observance thereof, wch this courte
(this colonie being situated by the sea side, & soe fitly accom
odated to fullfill his maj4ies comandes) are resolued to theyr
vtmost to obey & fulfill. But in theyr consultation therea
boute, they finde through the disloyall & seditious principles
& practises of some men of inconsiderable intrests, some of his
niaj4ics good subjects in this colonie haue binn seduced to rent
themselues from this -colonie, by wch diuission his majties
affaires in these parts are like to suffer, the peace of this coun
trey to be indangered, & the heathen amoung vs scandallized,
in case some speedie course be not taken for the prvention
thereof, the wch if wee should conive at, espetially at this time
his maj4y haueing so pticularly directed his royall comandes'
to this colonie as aforesd, we might justly encurr his displeas
ure against vs. This courte therefore doth in his maj4ys name
require al the members & inhabitants of this colonie heartily
to close w4h the endeauors of the governor & assistants therof
for fulfilling his maj4ies comandes in the sd letters expressed,
& in order therevnto to returne to theire due obedience &
payeing theire arrears of rates for defraying the necessary
charges of the colonie, & other dues, w4hin six dayes after
the publication hereof, vnto such pson or psons as are of shall
be appointed to collect the same, in attendance to the lawes
& orders of this colonie. All wch being done, this courte
shall foreuer pass by all former disobedience to this governm4 ;
but if any shall prsume to stand out against his maj4ies pleas
ure soe declared as aforesd concerneing this colonie, at theire
perill be it, this court shall not faile to call the sd psons to a
strict account & pceed against them as disloyall to his maj4y &
disturbers of the peace of this colonie, according to lawe.
19. This declaration being grounded in generall upon his
maj4ies comands expressed in those letters, & in speciall in
order to the prseruation of his maj4ies customes in that case
puided for by act of this prsent parliament, wch act was sent

1663] JURISDICTION OF NEW HAVEN. 52?
inclosed wth the letter to our governor, requireing his strict
obseruance of the same vnder the penalty of displaceing & a
thousand pounds fine, & therfore in case any difference should
arrise to his maj4y vpon these accounts, we must be inforced to
laye the cause of it at your doore, because when it was sent to
the seuerall townes of this colonie & sett vp in publick places
to be seen & read of all, that all might obey it, it was at Stam
ford violently plucked downe by Browne yo1' constable, & w4h
reproachfull speeches rejected, though sent in his maj4ie8 name
& by the authority of our court of magistrates. And after it
was published at Guilford, Bray Rosseter & his sone hastened
to Conecticutt to require your aid against this gouernm4, wch
accordingly yow to hastily pformed, for on the 30th of Decembr,
1663, two of yor magistrates w4h sundry young men & yor
marshall came speedily to Guilford accompanieing Rosseter &
his sone, & countinanceing them & theyr partie against the
authority of this gener11 court, though yow knowe how obnox
ious they were formerly to this jurisdiction, for contempt of
authority & seditious practises, & that they haue been the ring
leaders of this rent, & that Bray Rosseter the father hath been
long & still is a man of a turbulent, restless, factious spiritt, &
whose designe yow haue cause to suspect to be to cause a warre
between these two colonies, or to ruine Newhaven Colonie ;
yet him yow accompanied in opposition to this colonie, w4hout
sending or writeing before to our governor to be informed con
cerning the trueth in this matter. Sundry horses, as we are
informed, accompanied them to Guilford, whither they came
at vnseasonable houre, about tenn aclock in the night these
short dayes, when yow might rationally thinke that all the
people were gone to bed, & by shooting of sundry gunns, some
of yo™ or of theyr partie in Guilford, allarmed the towne, wch
when the gouernor took notice of, & of the unsatisfieing
answer giuen to such as inquired the reason of that disturb
ance, he suspected, & that not w4hout cause, that hostile
attempts were intended by theyr company, whereupon he sent
a letter to Newhaven to informe the magistrates there con
cerning matters at Guilford, that many were affrighted, & he
desired that the magistrates of Newhauen would prsently come
to theyr succour & as many of the troopers as could be gott,
alleadging for a reason his apprihension of theyr desperate
resolutions. The gouerno™ messenger also excited to haste,
as apprehending danger & reporting to them that Brandford
went up in armes hastening to theyr releife at Guilford, wch
the gouernor required w4h speed. Hereupon Newhauen was
also allarmed that night by beating the drume, &c, to warne
the towne militia to be readie, &c. This feare was not cause-

528 RECORDS OF THE [1663
less, for what elce could bee gathered from the prperations of
pistoUs, buUetts, swords, &c, woh they brought w4h them, & by
the threatning speeches giuen out by some of them, as is
attested by the depositions of some & subscriptions of others,
wch we haue by vs to shew when need require; & yor two
magistrates themselues, who ought to haue kept the kings
peace amoung theyr owne partie & in theire owne speeches,
threatned our governor that if anything was done against
those men, viz4 Rosseter & his partie, Conecticutt would take
it as done against themselues, for they was bound to ptect
them ; & they rose high in threatnings, yet they joyned ther-
w4h theyr desire of another conference w4h Newhaven, prae-
tending theyr purpose of graunting to vs what wee would
desire, soe farr as they could, if wee would vnite wth them ;
but still they held our members from vs & vpheld them in
theyr animosities against vs. Is this the way to vnion? &
what cann yow graunte vs wch we haue not in our owne right
w4hin ourselves w4hout you? Yea, it is the birthright of or
posterity wch we may not barter awaye from them by treaties
w4h yow. It is our purchased inheritances, wch noe wise man
would part w4h upon a treatie to receiue in liew therof a lease
of the same, upon yor tearmes who haue noe right thereunto.
And why is our vnion w4h yow by our comeing vnder yor
pattent vrged now as necessary for peace ? seeing wee haue
enjoyed peace mutually while wee haue bin distinct colonies
for aboue twenty years past. And why doe yow seperate the
things woh God hath joyned togeither, viz4, righteousness &
peace, seeing yow psist in yor vnrighteous dealing w4h vs, &
pswade vs to peace. It is true wee all came to New England
for the same ends, & that we all agree in some maine things,
but it doth not followe from thence wee ought therfore to vnite
w4h yow in the same jurisdiccon, for the same may be saide of
all the vnited colonies, wch neuertheless are distinct collonies.
20. That vpon a more# dilligent search of yor pattent, we
finde that Newhaven colonie is not included w4hin the line of
yor pattent, for we suppose that yor bounds, according to the
expression of yor pattent may be in a just gramaticall construc
tion so cleared, as that this colonie, in euery parte of it, may
be mathematically demonstrated to be exempted from it.
21. That the prmises being duely weighed, it will be yor
wisdome & way to desist wholy & foreuer from endeauouring
to draw vs unto an vnion vnder your pattent by any treatie for
the future, & to applye yorselues to yor duety towards God,
the king, & vs. l8t. Towards God, that yow feare him, &
therfore repent of yor vnrighteous dealing w4h vs, & reforme
what yow haue done amiss, by restoreing our members w4llout

1663] JURISDICTION OF NEW HAVEN. 529
delaye vnto vs againe, that yow may escape the wrath of God
wc!^ is reuealed from heaven against all vnrighteousness &
against all that dishonour his holy name, especially amoung
the heathen, wch yow haue done therby. 2. Toward the king,
that yow honor him by lookeing at vs as a distinct colonie
w4hin ourselves, as yow see by the praamises his maj'y doth, &
by restorin[g] vs to our former intire state, & or members to
vs in obedience to his maj4y who hath comanded vs, as a dis
tinct colonie, to serue him in weighty affaires, & wherein if
yow hinder vs, (as yow will if yow still wthhould our members
from vs, as much as in yow lieth,) yow will incurr his maj4'es
just & high displeasure, who hath not giuen yow in yor pattent
the least appearance of a just ground for yor layeing any
claime to vs. 3. Toward vs, your neighbours, your bretheren,
yor confcederates, by vertue wherof it is yor dutye to prserue
vnto vs our colonie state, power & priuilidges, against all others
that would oppose vs therein or incroach vpon vs. Is Rosseter
& his partie of such vallue wth yow that what this jurisdiccon
doth against them yor colonie will take it as done to them
selues. But if it be said, as one of yor comittee is reported to
express it, that yow must pforme yor pmise to them, as Joshua
& eld™ of Israeli did to the Gibeonites, doe yow not see the
sundry disparities between that vow & yo™ ? or doe yow
indeed make conscience of yor vow to Gibeonites, if you
tearme them soe, & w4hout regard to yor consciences break
yor pmise & most sollemne confcederation to Israelites?
Doubtless it will not be safe for this colonie to joyne in one
gouernm4 w4h psons of such principles & practises, noe treatye
will be able to bring vs to it. Wee beleiue that our righteous
God, to whom wee haue sollemnly & publickly commended &
committed our righteous cause, will ptect vs against all that
shall any way wrong & oppress vs; neither will wee at all
doubt the justice of his majtie, our king as well as yo™, & of
his most honorble counsell, but that upon hearing the buisness
opened before them they will effectually releiue vs against yor
unjust encroachm43, as the matter shall require. Wee desire
peace & loue between vs, & that we may for the future liue in
love & peace togeither as distinct neighbour colonies, as wee
did above twenty years togeither before yow receiued & miss-
understood & soe abused yor pattent; & in hope that our
uncomfortable & afnictiue excersises by your encroachments
upon our rights would issue herein, we haue soe long borne
what wee have suffred for peace sake, now it is high time that
we bring these unbrotherly contests, wherew4h yow have
troubled vs, to a peaceable issue. In order thereunto, we doe
offer yow this choise, either to returne our members unto vs
67

530 RECORDS OF THE [1663
uoUuntarily, wch wilbe your honor & a confirmation of our
mutuall love, or to remoue them to some other plantation
w4hin yor owne bounds, & free vs wholy from them, for we
may not beare it that such fcedifragous disorderly psons shall
continue wthin the townes belonging to this colonie, to disturb
our peace, dispise our gouernm4, & disquiett our members &
disable us to obey the kings comands. But if they stay where
they now are, wee shall take our time to pceed according to
justice, especially w4h Browne, for his contempt of the declara
tion, & therin of the kings comands & of the authority of this
jurisdiccon, & w4h Bray Rosseter & his sonne for all theyr
seditious practices.
Lastly for prvencon of any misaprhencon, we crave leave to
explaine or meaning in any passages in this writing, woh may
seeme to reflect censure of vnrighteous dealing wth vs, vpon
yor colony or generall assembly, that we meane only such as
have bin active instrum48 therein.
New Haven, From the comittee, by order of the
March 9th, 16||. Gen11 Court of Newhaven Colony,
James Bishop, Secretary.']

[Misc. i. 81, in the handwriting of John Allyn.]
\_In these papers is the coppy of the answ. of the N. Hauen Case
Stated, &; New Hauen Plea, March 166|.
Honoured Gent" & Neighbours,
We haue according to or promise in or last to you (sent by your
messengers,) considered what you sent to us, & by way of answ: wee
return as followeth,
You are pleased to tearme or claymes & or claymeing o1 interest, an
unjust pretence- & incroachment upon your just & proper rights, to
unty this knot & pretence of yours in all the perticulers of it states the
whole case you have presented in your large scedule & multiloquous
penings, therefore as methodically as we can, & curt, as the litle time
we haue allowed & or other weighty concernments will permit, in few
words we haue adrest orselues for resolution & your conuiction.
It is not a pretence, but a reality that we doe & haue acted upon, we
are a delegated power & act under a superior head, yours & o™ if we
both know o* standing, upon whose interest we doe & must act, &
or acting soe shewes o' loyalty to or souerigne & is noe way dissonant
to a religious rule, & therefore or consciences not to be charged w'h delin
quency therein, (we forbeare to gird, though we haue your coppy for
it before us,) & if w'h a single, not self willed eye, you be pleased to
p'use & weigh what we haue allready premised, the next perticuler in
order is resolued, we will set to it a seale, a broad seale, which we
doubt not will confirme the justice of all or actings towards your selues,
if or great forbearance proue not prejudicial! to us, we being trustees

1663] JURISDICTION. OF NEW HAVEN. 531
in charge ; and then if what we clayme be just & really just, what
you assume to yourselues belongs to us, what you haue asperst us w"'all
apply it to yourselues ; if you can disproue what we haue rightly
affirmed, then you must countermand o1 allegation wl" as eminent a
delegation & sealed w"1 as broade a seale allso, yet then it would not
be so eminently euident, but doubtfuU & admitt a tryall, because the
plea of priority would be ora & not yours, & you well know that is a
good plea in the law.
As for your consultations wlh freinds in England, intentions & ends
propounded to your selues, wee see no more argument of force in such
precedaneous discourses then in a dreame of rich reuenues to an awake-
ing poore man ; of the same nature it is to be one joyneing in the pur-
chasse of yc Massachusets pattent & a pattentee, because the priuiledges
thereof extend not beyound the limits of ye same, for or purchaseing of
one peice of land giues us no right to o' neighbours feild, & it is a
difficult undertakeing to mayntayne your Indian purchasse from ye
right owner thereof, or to plead a better right then Conecticutt who
had y5 right of conquest, & as added to conquest a deed of gift from
the great sachem Sowheage, & under both those rights possessing, &
by the court of Conecticutt alloweing you a plantation right in that
place, & then calling whom there agent that possest the same, we may
well question the foundation of your gouerment, unless you can finde
& shew a Conecticutt court record alloweing the same.
And as for Stanfords being adjoyned to N. Hauen gouerment by
consent of Conecticutt, there is no record extant that we can finde, but
prouided it be true as you say, they are but words of course, as the
case now stands, because the conclusion followes not upon the prem
ises, but rather all your many instances are but so many florishes as
blinding mists, to darken the truth as now it is.
Your high prizing of Mr. Eaton that worthy man deceased, whoe
we owne was wise, graue & godly, & we could allso say that we haue
had gouernours not much inferiour whoe now w'h him lye in the dust,
but such applauses litle promote or state concernments in this present
contest, wherfore we shall pass them ouer as not so pertinent.
But you say from the first you mainteined your Quilipiage agaynst
the clayme of the Dutch, by hewing out ye Kings Armes in wood &
aduanceing them, (marble & brass are the more lasting,) but we of
Conecticut mayntayne or rights & clayme now, by the kings armes in
waxe, which is a confirming seale to his royall pleasure in expresse
words & directions for or setiement for euer hereafter.
You say all New England consented that N. Hauen should be &
were a distinct gouerment, except Road Island. It is likely that is
a mistake, for Pascatavvay was then a gouerment & Augamenticus, &
seuerall other planted places more eastward, whose consent & appro
bation was neuer sought for as we suppose, but if it were as is sayd,
there is no danger to yeild to it or argument in it to aduantage.
The mayne argument as followes is the combination & solemne con
federation, unto which we answer,
1. The combination did not constitute a gouerment w,h power &
priuiledges, onely amicable complyance & mutuall helpfulness in

532 RECORDS OF THE [1663
comon concernments, as bordering freinds & neighbours in a distracted
wilderness. 2. The causall inducement of the combination was a former exigence
felt (as in the Pequet warre,) & for future feared, as uis unita fortior,
to deter a comon enemy from future attempts in like kinde, & to pro
mote mutuall wellfare.
3. As a uow is disanuld by the contradiction of a superior, so
where the word of a king is there is power, & we haueing the word
of a king wth a religious loyalty we are to obserue it when we may doe
soe, wlhout sin in doeing soe.
4. It is o' duty (when w"'out sin we may soe doe it) to obey or king
in his lawfull comands, when euery year we take or solemne oathes
exactly to atend all his & or lawfull appoyntments.
These perticuler arguments allso answer the comon title of the
fower united colonyes, for by the combination cam in that union. ,
And for the title of a Colony, it is not a title of honour properly,
neither doth it imply gouerment ; the bases of or gouerment is not that
empty title, but as subjects of his royall majesty by his abundant grace
we are created and made a body politique & corporate wlb power &
priuiledges, & the extent of or corporation ordered to be all that part
of his majesties dominions in N. E., bounded as o1' charter expresseth,
& intrusting us wth y" care of all the plantations therein & the gouer-
. ment of all the people thereof; & because it is a duty incumbant on
us to be faythfull to or trust, we doe declare & clayme (not w"1 a flour
ish of empty words) as under or gouerment, all those plantations which
you possess & haue formerly gouerned as peculiarly belonging to
or corporation, requireing your subjection to or order & lawes in
obseruance to the order & appoyntment of or royall soueraigne &
yours. Then you improue as another argument that Mr. Grexson intended
to procure a pattent, & was imployed therein by your selues, w"' the
consent of Conecticutt, for the procureing of power & priuiledges, for
both are implyed by your mention of a pattent, thoe therebe no
inforceing argument for what you intend it in these presents, yet we
must take notice of what may appeare as contradiction & or aduantage,
for this endeauour succeded the combination, & therefore it was then the
conclution both of your selues & us (as you say) that or combination
was not sufficient, pattent right was requisit, yet peruseing the preface
to the combination, we question the truth of it, it being neyther upon
record & that preface in playne & full words expressing that by reason
of sad distractions in England by which we were hindred both from
seeking & reaping the comfortable fruits of protection, &c, which is
the great priuiledg conferred by letters pattents, &. if then patent right
was requisite, now wee haue obteyned it & you are included wll'in it,
wherefore ready submission would better become you then bold insult-
ings & charges, we pass perticulers breifly, knoweing that a word to
ye wise is sufficient.
You say Conecticutt sought a patent wthout your consent, when you
had formerly taken in there consent to Mr. Grexons intention as before,
we say as before we haue sayd, we can finde no record witnessing the

1663] JURISDICTION OF NEW HAVEN. 533
same, but to take off your causless offence herein, we doubt not but
you well know that we payd hundreds of pounds to Mr. Fenwick &
his agents for patent rights seuerall years together, & we will now
informe you we had a full promise & ingagement for the sending &
deliuering into or possession that pattent which we had payd so dear
for, the date of the graunt of which pattent did p'cede ye combination
or your knowledg of a place called Quilipiage in New England, &
this patent which now we haue is but that which formerly we should
haue had, wth some smale addition & inconsiderable alteration, &
neyther that addition or alteration reflecting upon your selues in any
measure. Or owning of you in a tacit way we doubt not but will be
judged a favoure in the true sence of such as haue eyes to see & hearts
to understand.
As for your letter from ye L""" of ye Councill, persons whome we
highly honour as your selues doe, yet we suppose it was sent in the
time of the great distractions in England, when the king was seperate
from his parliment, but now we haue receiued lett™ pattents confirmed
by broad seal & writt of priuy seale, king, councell & parlement all
consenting, & not onely owneing of, but establishing us wth corporation
power & priuiledges, upon which we may act more boldly then on a
presumption only, & are bound to act soe, & that under oath & by
royall appoyntment.
Your affirming Conecticutt had no patent but w"'in these two years
last past we haue fully answered it before, a patent formally con
firmed & possessed we had not till of late, thoe we had payd a consid
erable sume & had the same firmly ingaged, had we had it before, we
should haue acted upon it as now we doe, & probably more uigorously.
Greenwich setled by the comissioners, was in the time of ignorance,
which doth not alienate a true proper right for euer.
As for that freinds warning lett™ to o1' honord gour, &c, we know not
what they were, but it is attested that your then gour desired or hono'
gou' to include N. H. wl"in or charter, & by a lett' & improueing his
interest in some freinds he further endeauoured the same.
You affirme, if N. H. were wthin the pattent they should haue bene
warned to the first gen" assembly, for we could not constitute a generall
assembly w'hout them ; this is hardly worth an answer, but to preuent
a cauill, the power & priuiledg was not conferd on N. H. but on
Conecticutt, & this euidently appears, because the fauour extended is
unto those that formerly had purchased, conquered, & now petitioned,
& we should haue acted imprudently, disorderly & justly offenciue to
ov associates so to haue done, before we had discouered his majesties
fauour towards them in his gracious grant, & preferring others less
obliged. The nex perticuler presented is the rent & disturbance thereby to
your gouerm' & orderly constitution (as you say,) by o' admission of
some of your members under or protection. Those of your members (as
you terme them) clearly perceiueing themselues included, & aduisedly
considering there duty for willing & ready obseruance of his majesties
pleasure & appoyntment, & for obedience unto or corporation power as
ready subjects to both, owning us as we are truly delegated, we could

534 RECORDS OF THE [1663
not wthout some danger but accept of them, confirming security & pro
tection, & doe conclude the like ready obedience from your selues
would haue bene more regular & comfortable to your selues at last, the
euent will discouer.
Now to giue you a short answ: to o' honrd gouernors lett' to Major
Mason, which as yet neuer came to or honou'3 Major or or hands, if it
be wlh you, you had done well if you had sent it us.
2. As for his engagement, it was after we had reced your members
(as you terme them) & it euidently appears the complaynf being upon
that acco'.
3. We had then reced o' lett™ pattents, & acted according to or in
structions & directions in them from his majestie, o' true loyalty to his
gracious appoyntments & o' proceedings therein his majesty hath
determined & warranted pleadable in law agaynst himselfe & his
successors, & soe we stand free.
But in respect of ye honour of or worp" gou', as we are able we shall
answ:, 1. Op gouernour knew the extent of the patent, the desire of your
then gour, as by letter & perswassion of freinds appears, & therefore
in the order of the patent acted inocently & blamlessly, expressing his
great curtesy & tender respect towards you, & this bluster of yours is
a uery ungratefull return for all his loue, fauoure, & tenderness.
2. Your selues could not but be well acquainted wth what we ex
pressed, before you sent into England unto o' honoured gouernour by
way of complaynt, for you had receiued a coppy of the patent by or first
comittee sent from Conecticutt unto you.
3. You know that the absolute power was now in the hands of the
corporation of Conecticutt to doe according to the tenour thereof, & not
in o' gouernours power to alter ye same.
4. Or hono"1 gouernour receiueing your complaynt (and from a ten
der affection & fauour towards yourselues) endeauoured to doe his
utmost to promote your desires, & what a rewarde he hath for his
labour of loue from you, the world may judg.
5. Lastly, this cannot aduantage your cause nor be an euidence in
your plea, for he passeth no engageing promise to you therein, but as
a freind perswadeing those whome it altogether concerns to doe what
possibly & fayrly may be done, wlh the highest ingageing expressions
aduenturing as far as may be to doe you a kindness, which you should
haue accepted if you had known your selues.
For ye comissioners last act in relation to those o' concernem'8, there
caution introduced in relation to the Dutch, is a wary answ:, Saueing
or alegiance to his majestie & interest by pattent, which you may
accept of as or present answer to your alegation, for there is a stronger
argument in it then yours alledged.
And for your mathematicall measures & discouery, it might doe us
some seruice in y° line betwixt us & the Massachusets, if you haue an
able artist, when he is desired by them & us to atend that seruice, but
o' charter is the true astroglobe for o' south bownds.
Gent", These shadowes being flush and fled, in the next place we

1663] JURISDICTION OF NEW HAVEN. 535
shall make some short returne to your sharpe reprofes, & answ: your
arguments breifly.
Or returne to yr naratiue giues you a full answ: to all your argu
ments, yet to silence cauills full of empty adored conceipts, to each
argument we shall take ye paynes to giue a short answ. only premising
to preuent tartalogy.
1. Your selues haue proclaymed o' king, owned him your souraigne
& your selues his subjects & ye places you possess part of his majes
ties dominions abroad, & in your p'sent writing declareing that you
intend (if not allready attempted) to improue means for obteyning a
patent. 2. You well know, a king in his owne dominions is by all men
tearmed pater patriae, & in scripture record he is sd to be a nursing
fath', & then all his subjects or his children bound to obey. Eccles.
8, 2. 1 Pet. 2, 13, 14.
1 Arg1: That Conecticutt in entertayneing some inhabitants of Stan
ford, Guilford & South Hold; they did it by a pretended power agaynst
the just right of N. Hauen Colony & wlhout there knowledg & consent.
This assumption is false, both in the p'tended power mentioned &
the just right as you apply it, for, 1, O' power is reall, not pretended,
it is formally legall, as by o' letters patents doth undeniably appeare,
being ratifyed by broad seale. 2. For your just right, that appeares
to be your pretence & p'sumption only, & it canot be mayntayned
unless you can shew a deed of gift sealed as o™ & precedent allso, &
3dly, Whereas you say what we did was wlhout your knowledg & con
sent, we answ: 1. Your consent was not absolutely requisite, the places
possest by them being wll,in or charter limits & the gouerment of the
people comitted to or care, & they claymeing it as there priuiledge &
o' selues clearly perceiuing it to be soe could not deny them wlhout
unfaythfullnes in or trust.
Hence your prolixe discourses, (by way of explication of this argu
ment,) respecting the 5lh & 8th comandment, reflect upon your selues
as the transgressors, w"'standing your ready obedience to ye order &
appoyntment of your noursing father, & attempting to intrude, &
actually disturbing of us in o' just rights. As for your purchase of
the Indians, it is uery questionable whether you purchased of ye right
owners, but if you did, as your selues say, yet you purchased but land
of them & not jurisdiction power, about which is or only contest.
2 Arg': Conecticutt haue assumed to themselues power of jurisdic-
diction ouer part of or members w"'out just right thereunto.
This assumption is altogether fals, for, 1. We assumed not this
power to o' selues, or letters patents are o' witness, which declare that
his royall majesty, of his abundant grace, certayn knowledg & meer
motion, hath created & made us a body politick & corporate, to exer
cise or gouerment ouer all, your selues not excepted, which is sufficient
to discouer o' just right beyond exception, & to cauill agaynst it is only
to bid battell to a shadowe.
As for your mathematicall demonstration, we judg it not worthy to
be weighed in the ballance of reason, it is soe unreasonable. 1. If we
exceed or lyne & limits it is a trespass agaynst the king, when his

536 RECORDS OF THE [1663
attourney generall appears, then we will plead or pattent, for his royall
majesty of his abundant grace hath made it pleadable agaynst him
selfe & for ye best behoofe of y" gouernour & company. 2. If you had
a pattent & there were to be a lyne setled for peace betwixt us we
should readily atend you therein, but we canot understand that his
majesty hath yet giuen you distinct from us a mathematical! lyne.
3 Arg1: Conecticutt haue acted contrary to promise & confederation.
Answ: In nonage the contradiction of a superior makes uoyd,- a
father disanulls the childs act, that is powerless, for the dispose or gift
of gouerment is onely the gift of ye nursing father wll,in his owne ter-
itories & dominions, if otherwise, it was blameable folly to be at such
large expence to procure a pattent, when the comission™ might haue
graunted it for an inconsiderable sume, & it will be ye like folly in
yourselues, especially being minded & forewarned of it; the true ques
tion here is whether his majesties appoyntment or y° comissioners is
of most force & valid.
4 Arg': Conecticutt haue done contrary to ye generall rule of loue
& righteosnes.
Ans. 1. In euery arg': we find the question begd. 2. Hence y°
assumption is false, but 3dly, to appoligize for or loue & righteousnes,
1, for loue, by your then cheife in gouerment or gouernour was sollicited
to include N. H. w"'in or pattent, both by speech & letter,* & freinds
in England were improued by some of you to perswade to & promote
the same, & according to your desires attended the best expedient to
express sincerity of loue, your case & condition at that time duely
considered, & since by o' many louing insinuations, solicitings & loue
ing treatys, both for your owne good & ours, & large offers of imuni-
ties & liberty es as great as or owne, & as farr as we could possibly
extend according to or charter, what could we haue done more. 2.
For righteousnes, ye extremity of justice we haue not used, but ye mod
eration of justice; we might haue imediatly declared you under or gou
erment, required your subjection, upon refusall severely censured &
have justifyed what we had done, yet we have vsed much patience,
forbearance, wayting, & expence of much time & charges, if possibly
we might haue gayned yow w'hout much extremity, & we doubt not
but vnderstanding judges will interpret it an extreme condescendency
& chargable labo' of love ; besides for righteousnes, yow were included
in o' former patent graunt, which was before yr being o' your planta-
* Hubbard, Hist, of N. E. 311, says that New Haven was comprised within the
charter limits " according to the desire of Connecticut and the honourable William
Leet, Esq., then governour of New Haven, as by his letter to governour Winthrop,
then going for England, may appear."
The Council of Connecticut, also, June 16th, 1675, when were present Dep. Gov.
Leete, James Bishop, Capt. John Nash, and Major Robert Treat, in their reply to a
letter from Sir Edmond Andross, declare that, " Concerning those parts about New
Haven, it is sufficiently knowne that their conjunction with this Colony was desired
by the cheife amongst them, which being moved at the very first happy restauration
of his Mat*, it was so comprehended." Trumb. Col. Rec. Conn. ii. 573.
Mather, Mag. i. 78 (ed. 1820,) makes a similar statement.

1663] JURISDICTION OF NEW HAVEN. 537
tion, and at chargable purchase to o'selves, & this o' patent expresses
it a valuable consideration of or p'sent confirmatio, & now haveing soe
fully exp'ssed o'selves & informed yo'selves, we can appeale to al y°
Christian world for judges.
5'" Argrol: If y" generall assembly vpon ye receipt of y' patent agreed
to treat wlh N. Haven about vnion, & in ye interim accept of some of
y' members wthout y' concent, they dealt vnrighteously, but soe Con
necticot did.
Answ: This argmt lookes like a chaos, there is soe much jumble in it ;
it is hypothetical! w"1 a sequel in ye first proposition, wo1' is to be denied
as a non sequitur, for both may be w"'out any vnrighteousnes, for it is
ye king that hath vnited you & vs ; to have refused yc ready submis
sion of any, had beene vnrighteousnes towards ye persons tendring
yl obedience, & a negligent retarding of ye kings appointment; the vote
for a treaty for vnion onely respected ye modus, for a more placite
entertainment of w' in duty & loyalty was to be attended. If authority
entertains one yl voluntaryly offers himselfe, perswades another,
comands a third, he sins in neither, nor though he had determined to
treat wlh ym together before y', & truly ye greatest danger of dismem-
bring, & loosing a ear, is in refusing submission to his majestysjawfull
appoyntm1. Argml 6th: Connecticot pleades a power over N. Haven by virtue of
a patent, & it gives them noe such power, whereby they abuse y' patent
& deale vnrighteously.
Answ: This answered before, & it is too favorable to say it is like
two sentences to one sense, rather six sentences & noe sense, like men
spoken of in ye prophet, that have eyes & sees not, hartes & vnder
stand not.
To y" remaining argum,s we say, & sufficient is sayd to mayntayne
it, 1, that o' entertay"" of those members was righteous, o' promise of
protectio lawfull, therefore y4 we may avoyd vnrighteousnes, & it per-
forme we must; 2, their submission was righteous & comendable, we
dare not call good evill; 3. then if Joshua tooke himselfe bound to keep
promise wlb ye Gibeonites who acted wilily, & were of y' people w°"
were appoynted to destruction much more must we, when people of
o' owne language, nation, profession, & freinds, are appointed and
ordered vnder o' care & protection, keep o' promise wlh ym, allowing
ym an interest in al or priviledges woh are comon to ym as wel as
or selves.]

[These petitions appear to have been presented to the General Assembly of Con
necticut in March and May. [Misc. i. doc. 82.]
For the Hon" Generall Assembly,
Hon"1 Gentlemen,
I haue twice p'sented my humble request to the consideration of
your impowred councell, I allso haue done the same to the hond Assem
bly in the first place & beginning of this p'sent court, & as yet can
obteyne noe fully satisfying resolution; my state & p'sent conditionis
68

538 RECORDS OF THE [1664
well knowne vnto you ; if tenne dayes hence be your resolue, to a man
perishing in a famine it would proue a languishing returne, & in the
eighth day you may pbably inuite to a funerall : If the wrong I sus-
teyne may not admitt of a p'sent reparation, yet for my exspences in
my city of refuge, making my escape to neighbours & freinds ; or full
order to place what is exspended moderately, vnto your accounts, &
treasurers cognizance, to p'uent affliction added to affliction, it would
be some small ease to a distressed mind, & giue occasion in some
degree to speake well of you : Thoe my reall exspectation is for a full,
& an effectual!, & allowance to the inioym' of the full benefitt of the
law, wch is noe other then the gracious appoyntm' of our Royall Soue-
raigne, & or iust right, to p'uent complaynts as much as may be will
certaynly be a common good & aduantage, & soe at p'sent I rest,
Hartford, Yrs to serue & obs'erue,
March 19, f f . Bray Rosseter.
[Misc. i. doc. 83.]
Right worshipfull & much honered Gentelmen,
Such is our deplorable condition, y' wee are enforced euen once
more to be troublesom to you, in renewing our formor sollicitous
requests to youre selfes, y' yu would improufe y' interest God hath
betrusted yu with, for the healeing of our breaches & the restoreing of
us to y' measure of peace & liberty, y' wee may serue God in the
dutyes both of our generall & perteculer calling, without those uncom
fortable distractions & incomberanses y' dayly we ly opreesed under.
You are not unaquainted wlh our unsetled state & the sad consequen
ces thereof allredy past; wee haue cause more then a letle to suspect
y' yet further assaults will be made uppon us to our great disturbanc,
we being informed y' y3 will haue another spell at us (to use there
one words) to put in execution there late decleration, & that ye will
speedely take another course with us, & the like.
Gentlemen, if ye haue no power to ptect us from the iniury of others,
why did you admit us under the shadow of youre winges ? & ingage to
be reall in ptecting & defending our persons & estates? if yu haue
power why are not such sollem couenants fulltiled? why is it we are in
danger to be surprised & damnified euery day?
Giue us leaufe to expostulate the case with you, & yl humbly, (as
becoms children speaking to there parence,) are y" not sworne to
p'serue the charter writes & p'ueleges ? haue wee not under youre one
hand & seale yl you will to your utmost secure us from danger? doth
not consience plead with you to be tru to youre couenant & oth? are
you not, yea douteles you are, men feareing God & yl dare not know
ingly transgres his righteous lawes; should not iustis & iudgment run
downe our streetes like a mighty streame, was not Gods rath dredfull
against all Ezerall, & especially Sals house therein, for breach of coue
nant wlh uery slaues who were before apoynted to destruction? did
not Josua, the instrumentall sauiour of Ezerall & a tipe of our greate
Sauiour, p'sently march forth to the sucker eaid & releife of Gibon?
Josua 10, 6, 7, and y' because of the couenant made with them.
Cap. 9, 15.

1664] JURISDICTION OF NEW HAVEN. ' 539
Gentelmen, if we proufe ouerbould with y", impute it to the extrem-
ety of our condition & y° nesesitous exsegency of our case; we had
good hopes when som of our honered magistrats were eye witnesses of
ye eminent dangers we where exsposed to this last winter, wee should
haue had some effectuall & speedy redresse ; but our times & all our
changes are in Gods hand, who disposes of all thinges according to the
counsell of his one will, & it becoms us to weate his leasure for the
gaineing of any mercy wee need or desire from him. Yet we iudge
our selues bound in conscience to use all lawfull meanes y' we may
liue as Christians, & sit under our one uine & fig tree with peace &
safety; we therefore beg of yu to conseder our p'sent streats & deficul-
tyes, & let us haue some answer of peace_.from y",.leaLouer beareing
discoragements seize uppon our sperits for y° want thereof.
Your redines to sucker us in our p'sent distres, will greatly oblige us
to ya, & incorage us euer to pray for your peace & prosperity. In
hopes of which we rest, Gentelmen, youre humly deuoted seruants,
Guilford, March 29, 1 664. Thomas Clarke, John Steuens,
Thomas Steuens, John Bishopp,
Thomas Cruttenden, John Graue,
Thomas Smith, John Hill,
William Steeuens, John Sheather,
Abraham Crittenden, George Chatfeild,
George Hylend, Isaac Cruttendon,
Dennis Crampton, Hennry Crane,
John Meiges.
[Misc. i. doc. 84.]
For this Hond Assembly,
It is well knowne that I haue often appeared & made my application
to the hond councell & seuerall assemblyes at least tenn times, & haue
importuned for some redress of those vnsufferable inuries & pressures,
the loade & burden vnder which I lye bowed downe, notw'hstanding
I haue giuen in my reasons that haue bene conuincing to yourselues,
strength of reason as you ar men, rules of religion as you ar Christians,
yet haue not receiued an answer neyther according to reason, nor reli
gion, neyther in part, much less in the whole. Shall I say as the
wounded man, the leuite passeth by, & the publick parent & haue noe
pitty ; shall a Samaritane exceed in religious charity : yet my request
hath bene soe rationall & religious, that a man amongst you cannot
obiect agaynst it, wch I haue reduced to two heads, as first that your
selues would make good your faythfull pmises & most solemne
ingagem1*, w°h the rules of honesty binds you vnto, & secondly that I
might haue the behefitt of the law to psecute my aduersaries according
to rules of iustice, that yet at length iustice might runne downe your
streetes & God delight to bless yow: & that meere affection might
noe longer interpose & exasperate complaynts vppon such accounts,
& now more espetially I suppose is the season, N. Hauen Champion,
(in whome they haue soe much confided, & yourselues soe much
feared,) being now disclosed & foyled, & his confederates pbably little
less guilty, vppon a due & thorough examination ; the causes of my

540 RECORDS OF THE [1664
suffrings being well knowne, for his Malies interest & appoyntm1, &
therein my ready subiection, with the rest adioyned, wch b'eing duely
attended will ingage vs to continue our willing obedience & pray for
yow. Brayan Rosseter.]
Hartford, May 20lh, 1664.

[376] At a Gen11 Court held at Newhaven for the Juris
diccon, the 3d of May, 1664.
PrSENT, Deputies.
The Governor, L. John Nash, ) -^ i
The Deputy Governor, James Bishop, )
Mr. Wm Jones, ) m . Rich: Baldwin, Milford.
Mr. Rob4 Treat, [ f^f™'
Mr. Jasper Crane, )
The Governor acquainted the court that he haveing sent a
letter to the councell of the Massachusetts, (by desire of this
councell here,) & had now received an answer, both which
letters was read to the court.* In the first was two things
Governor Leete to the Council of Massachusetts.
Hon«i Gent:
Although we gaue a former acco1: of ye sad buisnes respecting Capt: Scot, by l'res
to Maior Gen" Leveret, who (we concerned) did best know him : his interest in Eng:
and seruice to this cuntry there, &c, with desire of him to comunicate.the whole vnto
yo'selues, & to seek yor advice & help therein. Yet (the extremity of hazards to him
& the cuntry growing on so fast by some transactions of a cloudy aspect, as you may
see by Capt : Scots pap's, w<* this bearer his servant will p'sent you withall, and by
word of mouth, relate.) Wee think it a duty incumbent on vs, againe to sollicite youi
as confederates of a speciall interest in the weale publique & peace of the cuntry, in
wch behalfe & in behalfe of orselues, who are also so strucke at in the bnsines, entreat
ing you to lay the matter to heart, & doe yor vtmost for pfventhr3 of Capt. Scots
ruine, & the hurt y ' may come thereby to the cuntry, he being reputed his Ma'"« ser-
uant, & vpon seruice now by letter to the 4 Vnited Col :, when thus obstructed, & it
(possibly) vtterly frustrate if he bee despoiled, & if then the matter & maner now,
doe come to bee narrated, as it is likely to bee, none apearing to prvent it, all may be
damnifyed; wee therefore, (as alsoy' Capt. Scot may haue an opportunity to speake
w' he can in refference to matters betwixt Connectacut & this Colony w«h he thinkes
will put an end to the vnhappy difference depending) doe thus moue ; and surely if
euer advice & succour were needfull to confederates, it is now. But to p'scribe the
way is difficult. Our thoughts & desires are that by yo' & Plymouths advice &
agreem', the com" be called to Hartford, to see & approue what is done & how, in a
matter so much respecting his Ma'« & the cuntry in gen1' by the consequents of it.
And further to consid' of some expedient for peace betwixt y« Vnited Cola, before
greater troubles and dangers doe fall out. M'. Scots tryal is said to be on the 8'h of
May next, if he be not dead before as was like to haue beene y other day by poison,
(as he concei .... So that whatsoeuer meeting you shall accord of must be before

1664]

JURISDICTION OF NEW HAVEN. 541

especially intimated, first concerneing Capt' Scotts case now at
Conecticutt, & 2, concerneing the difference betwixt Conecti
cutt & us. In their answr is specially signified their sending
y< day. It is vaine for vs to appear if you come not, but vpon notice wee are ready
to attend, or to ioyne w". yo'com™: & Plymouth to protest & clear ourselues in case
they will not forbear or transmit his tryall to be elswhere before psons free from ex
ception & charge of p'iudice by him, as he ppounds, & is by vs signifyed in o' former
lett' to Maio' Gen" Leveret. We beseech you to dispatch word to Plymouth forthwith,
for their advice or concurrence. The maine of the matter seemes to lye in the expeditio,
W* we hope you wilbe sensible of accordingly. That the Lord would therefore apear
in the Mount Difficulty & w'i>hold euery arme stretched forth vnto any fata[l] blow
that may bring hurt vnto Gods people & their concernes is the daily prayer of,
Gent:
Guilford, Apr : 22, Yo' expectant freind & serv'.
1664. Willm Leete.
By desire of y Councel of
Newhauen Col.
From the original, on file in the Secretary's Office, Boston.
Capt. John Scott having promised to use his best skill and industry to bring all the
plantations upon Long Island under the government of Connecticut, especially the
western end, which was under the Dutch, had been appointed, December 14, 1663,
comnfissioner for Ashford, with magistratical power throughout the Island, and had
an oath for the faithful discharge of his place administered to him by the governor.
In order to effect what he had promised, he was commissioned with Mr. Willys, Capt.
Talcott, Mr. Richards, and Capt. John Young, or any three of them, to go to Long
Island and settle the government there. Having acted contrary to his oath and the
trust reposed in him by Connecticut, the general assembly issued a proclamation
charging him with various high crimes and misdemeanors, and sent a party to arrest
him. New Haven, who had declared thathehadbeenin England a good friend to that
Colony, and to some of its principal persons, sent men to assist him, but he was taken
and brought to Hartford, where he was tried, May 18th-24th, and found guilty of the
several crimes laid to his charge, fined, deposed from his office, and disfranchised.
Trumb. Col. Rec. i. 420, ii. 16. Conn. Council Jour. Rec. Co. Court, iii. Towns &
Lands, i. See also O'Callaghan, N. Netherlands, ii. 497, 552.
Upon the receipt of Gov. Leete's letter, the Council of Massachusetts wrote, April
27, 1664, to the governor of Connecticut, and sent Maj. Gen. John Leverett and Capt.
William Davis, and Plymouth, April 29, Capt. Thomas Southworth and Capt. William
Bradford, as commissioners to treat with Connecticut about Capt. Scott, and about
the differences between Connecticut and New Haven. With respect to the latter
subject, the messengers proposed to refer matters to the determination of some friends
in New England, mutually to be chosen. Conn. Rec. T. & Lands, i. 33 34. Misc. i. 85.
The General Court of Massachusetts, May, 1664, " considering the vncomfortable
differences betweene our confoederates of the two jurisdictions of Conecticott & New
hauen," appointed Mr. Willoughby, Capt. Gookin, Maj. Gen. Leverett, and Capt.
Edward Johnson, a committee to draw up letters to each colony, " wherein maybe ex
pressed such arguments as may be fitt to persuade them to unity & agreement, which
hitherto they haue seemed to decline, though once & againe mooved therevnto by the
comissioners of the Vnited Colonjes, as their records declares, and that, in case they
shall not make accord betweene themselves before the next meeting of the comission
ers of the Vnited Colonjes at Hartford, then that this court doe order their comission
ers to declare that such divitions & refusall of submission vnto the orderly advice of

542 RECORDS OF THE [1664
of two messengers with instructions to treate wth the governor
& councell of Conecticutt, & that they had sent to Plimouth
to desire their helpe alsoe in the case, &c. Now therefore
the governor ppounded, whether it be not necessary that we
alsoe send two wth instructions to joine wth them. After
debate it was thought y' we could doe noe less, haveing been
first movers in it, & soe, by vote, Mr. Wm Jones & Mr. Rob'
Treate were appointed.
It was ppounded about a day of humiliation, and the
court taking into serious consideration ye afiicted state of ye
people of God in or native countrey & other where, our owne
prsent distractions, wth other publike concernemts, the prsent
drought, the sad & uncomfortable state of ye church at Milford,
& the wormes beginning againe in some places to spoyle ye
fruit of ye trees, ordered, that ye 4th day of ye next weeke
(being the 11th of this instant) be set apart through this col
ony for a day of extraordinary seeking of God by fasting &
prayer. The Court considering the necessity of defraying jurisdic
tion charges already expended, did now order that a halfe
penny rate be payd from the severall plantations & pprietors of
Paugasett in this prsent moneth, unto ye jurisdiction treasurer
at N. Haven, in such pay & at such prizes as ye last yeare.

[377] At a Court of Magistrates held at Newhaven
the 23'h op May, 1664.
Prsent, the Governor, Deputy Governor, Mr. Jones, Mr. Pen,
Mr. Treat & Mr. Crane.
George Adams, of Branford, appeared to make psecution of
his attachm* y* he had layd upon a horse of Mr. John Jefferds,
of Ling, in y Massachusetts. But after a great & large
debate about it, whether ye sd Jefferd had any legall notice for
his appearance, the case was left upon the former order in
October last by ye court of magistrates.
the comissioners, according to the articles of confederation, is a violation of the con
federation if persisted in, & that they joyne wth the rest of the comissioners of the
colonjes in declaring the same." Mass. Rec. iv. pt. ii. 102.

1664] jurisdiction of new haven. 543
Grace Tod, haveing told some boyes & girles about an
Indian that shewed some abusive & filthy carriages towards
her at Mr. Fields, was now called to know ye trutii of it ; shee
spake as if he pulled up her coates &, as her words imported,
some abuse of her. The Indian being examined confest a
takeing hold of her coates, but as he sd in a way of play ; but
ye court findeing the Indian of a very ill report, & yl he is run
away from his owne countrey for his filthines there, as some
Indians affirmed, therefore they sentenced him to be severely
whipt forthwith, & that he be taken away to his owne countrey
& not to returne againe at his perill.
Alsoe that ye sd Grace Tod be whipt for her concealing of
it from her master & mistress, & yet afterwards speakes of it
to boyes & girles in a jesting way.
There were some y4 desired to begin a small troope, yl
prsented ymselves to ye cort & desired to know w4 privilidg for
their incouragem* they should have. The con told ym that if
they was fast to it to attend y countrey, the gen11 court would
consider of it & order something about it for their incourage-
ment.
[The remainder of this page, and the next page, is blank.]

[379] Att a Court of Elections, held at Newhaven for
the Jurisdiccon, the 25th of May, 1664.
Mr. Wm Leet chosen Governor.
Mr. Wm Jones chosen Deputy Governor.
Mr. Mathew Gilbert chosen Magestrate for N. Haven.
Mr. Benjamin Fen chosen Magestrate for Milford.
Mr. Jasper Crane chosen Magestrate for Branford.
These all were chosen for y- yeare ensueing and tooke oath.
Mr. Rob4 Treat & Capt' Jn° Nash chosen Magestrates, but
would not accept of it.
The Governor & Deputy Governo1 chosen Commission19,
& Mr. Fen the third man.
James Bishop chosen Secretary, J AU for ^ e
Roger Ailing chosen Treasurer [ ensueiIlg.
Abraha Dowlittle chosen Marshall, ) &

544

records of the

[1664

Att a Gen11 Court held at Newhaven for the Jurisdiccon,
the 25th of May, 1664.
PrSENT,
Deputies.
Tho: Welch,
Deacon Geo: Clark,
Jn° Fowler,
Georg Bartlet,

The Governor,
& Deputy Governor

Magestrates.
Mr. Mathew Gilbert,
Mr. Benjamin Fenn,
Mr. Jasper Crane.

for Milford.

for Guilford.

Sam'iSwayne ( for Branford
Laurence Ward,

The Deputies prsented their certificates, whereby it apeared
yt they were all chosen for ye yeare ensueing, onely Stamford
for the prsent session, & were accepted.
[Pages 380 and 381 were left blank for the recording of the business of this court.
" The orders of the gen11 court in May last were read to the towne" of New Haven,
June 27lh, 1664. Town Rec. iii. 42.]

[382] Att a Gen11 Court held att Newhaven for the
Jurisdiccon, the ID" of August, 1664.
PrSENT,
Deputies.
Thomas Munson,
John Mosse.
Tho: Welch,
Georg Clark.
John Fowler,
Georg Bartlet.
Sam11 Swayne,
Lawrence Ward.
The Governor acquainted ym wth ye occasion of this court,
that here had Mr. Whiting & L* Bull, of Hartford, been lately
with most of the magestrates & brought a letter from Mr.

The Governor, &
Deputy Governor,
Mr. Gilbert, )
Mr. Fenn, > Magestrates.
Mr. Crane, )

1664] jurisdiction of new haven. 545
Willis to Mr. Jones; and they signified that Mr. Whiteing
being lately in ye Bay & haveing speech wth many friends
there, he was hastened away by them to cofaunicate matters
above at Conecticutt & alsoe to us, sheweing ymselves very
sensible of danger of detrim1 to ye countrey by reason of any
differances between ye colonies, now the kings comissionrs
were come over,* & they looked upon this differance of ours
wth Conecticutt to bee the greatest, & therefore they declared
yt they was sent to this purpose, & declared this to be ye advise
of the best part in ye Bay, though they had noe letter, that this
differance be made up betwixt us, being very sensible of dan
ger to all by this meanes, & therefore they judge this the best
way for all our safety to stand for the liberties of our pattents,
& soe Conecticutt & they would have us to joine wth ym upon
yt account, for they conceive a great advantage given to ye
comissionrs by our standing off. Now we told them for our
parts we could doe nothing in it ourselves, but after much
debate & urgeing we signified to ym thus much, That if
Conecticutt would come & assert their claime to us in ye
kings authority, & would secure w4 at any time they had
ppounded to us, & would engage to stand to uphold the
liberties of their pattent, we would call ye gen11 court together
that they may consider of it & be ready to give them an
[383] [| answer, & sd for our pts we did not know but wee
might bow before it, if they assert it & make it good. They
urged to have something from us as grounds of certainty yt we
would soe doe, but we told ym that we would not doe soe.
Now the court was desired to consider of it, wl answer should
be given if they should soe come. Much debate there was
upon it, & something pleaded upon ye danger of standing as
now we are, if ye kings comissionrs come amongst us ; much
alsoe was sd by some against, & declared yt they see noe rea
son of such a motion, makeing y1 a question to be answered
before wee knew it would be put to us ; alsoe yl there had not
been a full sumons to all ye plantations for this gen11 court;
* Two of the royal commissioners, Col. Richard Nicolls and George Cartwright,
Esq., arrived at Boston, Saturday evening, July 23d, 1664. Sir Robert Carr and Mr.
Maverick arrived at Piscataqua about the same time.
69

546 RECORDS OF THE [1664
alsoe it was questioned whether the gen11 court, if it were full,
had any power to deliver up the collony state without ye con
sent of y whole body of freemen at least. But notwithstand
ing all yl was sd, it came to a vote as followeth, That if
Conecticutt doe come downe & assert their right to us by
vertue of their charter, & require us in his majesties name to
^ubmitt to their governement, that then it be declared to ym
yt wee doe submitt, referring all agreemts between us to ye
fiuall issue of the commission" of our confederates.
The vote passed in ye affirmative, but after ye vote was past
there appeared some dissatisfaction, and there was further
advice & consideration tooke in ye case, & much was sd yt it
was necessary the freemen should be acquainted with it, & in
ye issue came to another vote, which was this; That if they of
Conecticutt come & make a clayme upon us in his majesties
name & by vertue of their charter, then wee shall submitt. to
ym, untill the comissioners of ye colonies doe meete; & soe
the governor, deputy governor fo magistrates, or soe many of
ym as can be got together, were appointed to give the answer
to Conecticutt men if they come.

[At the meeting of the Commissioners of the United Colonies, in Hartford, Septem
ber, 1664, these letters, to the Commissioners, and to Mr. Leete and Mr. Jones, were
presented. Hartford, September 24, 1664.
Much Honoured Gent", — We understand by our comissioners that
Newhauen gent" haue presented an order (as they call it) of their
Generall Courte, whereby it appeares Mr. Leet & Mr. Joanes are
chosen comissioners, and inuested wth power to act as com™ for New
Haven Colony. Vpon this information we thought good to present
or thoughts unto your consideration. We cannot approue of the afore
mentioned gent" to sitt as com" amongst you, because it doth not ap
peare that they are a colony, or haue any power of gouerment distinct
from us, confirmed by regall authority, and we know no other gouer
ment in his Majesties dominions but such as is confirmed by him.
They being no gouerment as afoarsayd, we cannot but judge it will be
prejudiciall to the seuerall colonyes & our charter to owne & approue
of the gouerment of New Haven. Besides we doe clayme them to be
a parte of or colony, being included in his Majesties royall grant.
And we doe hereby declare that we shall haue a tender respect to
or honoured freinds and bretheren of New Hauen, & shall apply

1664] JURISDICTION OF NEW HAVEN. 547
o'selues to improue or all to accomodate them wlh all such desireable
priuiledges as or charter afoardes.
Farther we thought it conuenient to informe your Hono™, that it is
or desire still to mayntaine or confederation wlb the Vnited Colonyes of
Massachusets & Newplimoth, desireing that full prouission may be
made to that purpose, according to that article of the confederation
that allowes of two colonyes vniteing into one, which is consonant to
y8 aduice of the com" & y° honoured Courte of Massachusets to this
colony. Gent" we rest your freinds & seruants,
John Allyn, Secrefy, By order of the
Councill of Conecticut.
The Councill ordered the secretary to signe this lettr in theire
names, & by their order to deliuer it to the commissioners.
Whereas, we haue the 2d of this instant, in a writting presented to
the much honoured, the Com™ of the Vnited Colonyes, made cla3rme
to the late Colony of New Hauen, as being included in his Majesties
royall grant in his letters pattents to this his Colony of Connecticutt, &
allso haue formerly upon publication of our charter required theire
attendance thereunto, wee doe now in the presence of the honord com"
afoarsayd, in his Majesties name demande Wm Leette & Wm Joanes,
Esqre, they being the representitiues of the people of New Hauen,
&c, that they & the rest of the people of Newhauen, Milford, Brand
ford, Guilford & Stanford doe attend ye gouerment establisht by his
Majestie in this his Colony of Conecticutt, & we purposse, by the
help of God, to apply orselues to take due care of them, & to affoarde
them all such priuiledges as are agreeable to or charter.
In the name & by order of the Councill of the Colony of Conecticutt,
John Allyn, Secry.
For Mr. Leete & Mr. Joanes. Conn. Council Rec.
The difference between the two colonies having been brought before the Commis
sioners, they declared that as the occasion thereof was acted without their cognizance,
and the grounds not being fully known to them, they could, as to the right of the
cause; add nothing to what was past by the commissioners, at their meeting in 1663,
yet considering how much the honor of God as well as the weal of all the colonies, as
themselves therein interested, are concerned, in the issue, they heartily and affection
ately commended such a compliance between them that the sad consequences which
would inevitably follow upon their further contentions, might be prevented. Provis
ion was made, in case of union, respecting the preservation of the confederation and
the places of meeting, &c, and it was proposed that thenceforth the meetings should
be triennial. Rec. Com. U. C, Sept., 1664.]

[384] At a Generall Court of Ye Freemen of the Juris
diccon, held at New Haven Septemb. 14th, iqq^
The Governor acquainted ym with the occasion of calling
ym together at this time, & that was something they had mett

548 RECORDS OF THE [1664
withall lately at ye meeting of ye comission" at Hartford, as
in ye writeings may appeare, which writings that concerned
us were all now read, with a letter alsoe subscribed by Mr.
Sam11 Willis & Mr. John Allyn, directed to James Bishop, to
be comunicated to this assembly ; the governo1 further sd that
it was a season to advise & consider together, in what state is
best for us to appeare when the comissioners from England
come to visitt us, whether in ye state we now are, or under a
regall stampe (as they call it) in joyneing with Connecticutt.
There was much debate, & divers spake that to stand as God
hath kept us hithertoo is our best way ; but some desired to
understand the vote of the last gen11 court, soe ye secretary
went home to fetch it, & in the meane space, while he -was
gone, the assembly was broke up & noe more done at this
time.* * The Council of Connecticut, October 4, 1664, passed the following vote.
" Whereas there hath bene many endeauours both by Generall Assembly & Councill
of this Colony for the effecting of a loueing & freindly complyance w"1 o' loueing
freinds & neighboures of New Hauen, Milford, &c, and whereas we haue according
to the tenour of our charter receiued intimations of their inclinations thereunto by
or freinds in those partes, we doe for the perfecting of a loueing vnion, desire o' hon
oured goun' & M'. Willys to appoynt officers in those seuerall plantations of N. H\,
Mil :, Bran :, Gil : & Stanford, & to setle matters there soe as they judg most conduce-
able to ye peace & wellfare of the whole."
The General Assembly met on the 13th of the same month and appointed Mr.
Samuel Sherman and the Secretary, John Allyn, to go to New Haven, &c, and in his
Majesty's name require all the inhabitants of New Haven, Milford, Branford, Guilford
and Stamford, to submit to the government established in Connecticut by his Majes
tys gracious grant, and to take their answer. The committee were also authorised to
declare so many of the present freemen of those towns, as would take the freeman's
oath, to be freemen of Connecticut, and to administer the same oath to such others of
the inhabitants as they should find by sufficient testimony, to be qualified. They
were to declare that the assembly invested Mr. Leete, Mr. Jones, Mr. Gilbert, Mr.
Fenn, Mr. Crane, Mr. Treat and Mr. Law, with magistratical power to assist in the
government of those towns according to the laws of Connecticut, or such of their own
as were not contrary to the charter, and all other civil and military officers were con
firmed. They were also ordered to declare that what had formerly passed to an issue
in the courts of New Haven colony, should not be called to account.
Mr. Mathew Allyn and Mr. James Richards were to make the same declaration at
Stamford. The Council, November 3, 1664, judged it " most conduceable to the best effecting
the minde of the Gen11 Courte, respecting New Hauen, &c, that those comissioned for
that purposse doe atend theire business wlh the representatiues of those plantations mett
together, & that actuall sweareing of freemen be at present respitted, as aduiseable to
be the most peaceable way at present, & that the act of indemnity declared by the
Gen" Courte be notifyed to them." Trumb. Col. Rec. i. 437. Conn. Council Reo.

1664] JURISDICTION OF NEW HAVEN. 549
Att a Gen11 Court held at New Haven for the Jurisdiccon,
December 13th, 1664, together with the Freemen of N.
Haven, Guilford, Branford, & part of Milford, & as
many of Ye Inhabitants as was pleased to come.
The Gen11 Court considered of severall things, and first
The following account of the proceedings of the committee, at New Haven, Novem
ber 19th, 1664, is taken from the Records of that town, vol. iii. p. 46.
" The Deputy Governo' acquainted the towne yl the occasion of ye meeting was
that there were some gentlemen from Conecticutt that had something to acquaint
ye towne withall, & he thought the business in gen" was to require our submissio to
Conecticutt, wlh some othr ppositions. He further minded ye towne of the peace &
unity y' God had hithertoo continued amongst us, & the many blessings both on
ye right hand & left yl we had enjoyed under this governem1, & alsoe told the towne
that wee are a people in combination wth oth", & therefore could not give a full answ
without first acquainting ye other plantations, & then y< we ourselves were not a full
meeting of ye towne, divers of y farmes haveing not warneing. But the gent: beirg
come in, M'. Jones desired to see theire comission. They declared that they should
shew it to psons deputed, but after read it, & then declared what they had to say to
ye towne, (the psons were M'. John Allyn & M'. Sam11 Shearman.) These gent urged
to have y matter put to vote, but they were told y' y8 towne meeting was not full.
But M'. Allyn sd yl if M'. Shearman did consent, which he thought he would, he
should take the boldnes to put it to vote himselfe, but his speech was disliked & after
witnessed against, & they were desired to withdraw awhile & the towne would con
sider to give them an answ', & soe they did, and the towne considering of it came to
this conclusion as their p'sent answer by a gen" vote, onely one dissenting, which
answ' followes their declaration. The gent, aforesd being called in againe, the answ
was read to y>, they desired a coppy of it which was granted, they leaveing a coppy
of W they had declared, which they pmised & is here inserted as followeth.
"Wee underwritten in his Majues name, by order from y Gen11 Assembly of Conect
icutt doe require all ye inhabitants of y towne of Newhaven to submit to y governem1
established in y colony of Conecticutt by his Maj lJes gracious graunt to ye colony of
Conecticutt. " Wee doe declare yl y Gen" Assembly of Conecticutt, ,-, W" Leet & Wm Jones,
Esq", Mr. Gilbert, M1". Fen, M'. Crane, M'. Treat & Mr. Lawes, with magistraticall
power to assist in y governm' of y plantations of Newhaven, Milford, Branford, Guil
ford & Stanford, & ye people thereof according to y lawes of y corporation of Conect
icutt, or soe many of those orders y1 formerly have been of use amongst y'» & are not
contradictory to yc teno' of o' charter untill ye court order otherwise.
" Wee doe alsoe in ye name & by order of y Gen" Assembly declare that all other
military & civill officers are established in their respective places untill y court in
May next. Wee doe alsoe declare by order from ye Gen" Court aforesd that they will
not call to account what hath formerly passed to an issue in your courts of judicature.
John Allyn,
Samuell Shearman.
" Wee doe further declare y' it is intended by the Gen" Court of Conecticutt that
ye freemen of N. Haven upon yB p'sentm1 of their names (wlh testimony) be accepted
as freemen of Connecticut. John Allyn,
Samuell Shearman."
The answer of New Haven, mentioned above, is not recorded.

550 "records of the [1664
about ye men yt were prssed by authority to goe with Capt,
Scott to Long Island, what to allow ym, & it was agreed to
allow ym 12d a day with their charges borne.
Alsoe it was considered about Milford breakeing off from ye
colony, soe yt neither magistrate nor deputies attend this gen11
court.* The court by vote declared against their soe acting,
as disorderly & contrary to their combination.
The same was declared concerneing Mr.Bich: Lawes acting
at Stamford.
Sam11 Andrewes was called, & told yt there had been of late
some disorders in ye troope, in gathering together in such a
[385] resolute way at a place in ye woods and || choosing offi
cers, &c. He was told y4 it had exercised the court how to
leave such a trust into such hands that hath soe carried. He
answered, that indeed there was such a meeting & officers
chosen, but what was done, it was done in submission to the
court, & he disowned it as any act of his.
The Court afterwards considering of ye case about ye troope,
& findeing it not settled according to order, did now order to
lay it downe untill further order, & comitted the trumpett &
coulors to Roger Ailing, the prsent jurisdiccon treasurer, alsoe
all ye jurisdiccon stock of amunition & bookes, untill further
order about ye same.
The Gen11 Meeting being come together, the governor
acquainted ym with the occasion of calling ym together, &
that is some of Conecticutt gentn haveing made demaund of
our submission to y1' government, in his majesties name, &c,
the answr of these three townes were wth pmise of further
answr when they should consider of ye matter together; &
therefore to sett their thoughts a worke about it, something
* The minute of the submission of Milford is as follows. Milford y 17'h of Nou', 1664.
These are in his majesties name to will & require you forthw"1 to warne all ye inhab-
itance at your town of (Milford) being housholders, to meet at ye meetinghouse this
day about one of y clock, to attend such occations wll> M'. Sherman & myself as are
giuen us in charge by y Gen" Court of Conecticut; whereof fayle not.
To Joseph Waters to execute. John Allyn Sec'y.
The inhabitants of Milford by a gen" vote of there towne submitted themselues to
y= gouerment of Conecticutt, no one person voted agnst it, this 17'h of Nouember,
1664- Misc. i. 87.

1664] JURISDICTION OF NEW HAVEN. 551
was ppounded to y™ & left with y"» to consider of till ye
morneing. In ye morneing the assembly being come together, the gov
ernor ppounded to know what was ye issue of yr thoughts in
ye busines left with them. After some debate, the answr was
drawne up in writeing & read, & after serious consideration
put to vote, & soe was concluded with universall consent, not
any one opposing.
The vote of the freemen & other inhabitants of y colony
mett together at N. Haven, the 13th 0f December, '64, in
answr to wf Mr. John Allyn & Mr. Sam11 Shearman
declared in or severall townes in Novemb: last, as fol
loweth,
1. First that by this act or vote wee bee not understood to
justify Conecticutts former actings, nor any thing disorderly
done by our owne people upon such accounts.
2. That by it wee be not apprhended to have any hand in
breakeing or dissolving the confoederacon.
Yet in testimony of or loyalty to the kings majesty, when
an authentick coppy of ye determination of his comissioners is
published, to be recorded wth us, if thereby it shall appeare to
our comittee that we are by his majties authority now put
under Conecticutt Patten tt, wee shall submitt, as from a neces
sity brought upon us by their meanes of Conecticutt aforesd,
but with a salvo jure of our former right & claime, as a people
who have not yet been heard in point of plea.
& James Bishop, Secret.
[386] || It was ppounded to ye assembly that they would
appoint a comittee for ye consumating of matters betwixt
Conecticutt & us, & to give answr to their returne unto ye
former vote.
The comittee appointed was ye prsent members of this gen11
court, wth the elders, Capt. John Nash, James Bishop, Francis
Bell, Mr. Rob* Treat, & Rich: Baldwin or Serjt Fowler in one
of their absence. These, or the major part of them that can
meete together, were impowered & intrusted with the whole
affayre in prparotory way, comunicating to ye severall townes
what they agree upon, for their concurrence & confirmation.

552 RECORDS OF THE [1664
There was alsoe a letter read to ye assembly to be sent up
with ye former vote to Conecticutt. It was alsoe left to ye sd
comittee. The Court upon a serious view of ye accounts of ye jurisdic
tion treasurer, did find necessary for the attending of right
eousnes in defraying of publike charges, to lay a halfe penny
rate upon ye pound, to be payd by ye severall plantations & ye
pprietors of Paugasett unto ye jurisdiccon treasurer in March
next, with ye last of the former rate, in such pay & at such
prizes as ye last yeare.*
A letter to Conecticutt, as followeth,
Honor d Gent',
Wee haveing been silent hithertoo, as to ye makeing of any
grievance knowne unto ye kings comissionrs, notwth standing
w' may be wth us of such nature from the severall transactions
yt have been amongst us, are desirous soe to continue the
managing of these affayres in wayes consistent wth ye ancient
confederation of y° United Colonies, chuseing rather to suffer
then to begin any motion hazardfull to N. England settlemts.
In pursuance whereof, (according to or pmise to yor gent: sent
lately to demand our submission, though in a divided, if not
deviding way, within our townes severally, seeking to bring
us under the government by yorselves already settled, wherein
* Perhaps also at this time it was agreed that this letter should be sent to Col.
Nicolls, one of the royal commissioners.
Right Honble, Att a gen" meeting of deputies from ys severall plantacons of this col
ony, it was agreed y1 a letter should be p'pared and sent to informe yo' hono' of ye
great wrong and injury this colony have suffered from ye Dutch at Delaware Bay,
about 14 yeares agoe, being violently repulsed wl!l great damage out of theire just pur
chase and possession there ; for we had purchased a great tract of land on ye one and
ye other side of ye Bay or River, and a plantacon begun by sundry psons, & a trading
house set up, woh ye Dutch pillaged and burnt; and soe wholly destroid ye designe at
y' tyme. Two or 3 yeares afterwards, a new attempt was made and a vessell sent,
wch was then alsoe stopt at the Manhatoes, and sundry of y= principall psons impris
oned by the Dutch governo', soe yl nothing yt way hath ever bin attempted since,
although ye Indians of whome we purchased ye land doe still owne our right & much
desire y coming of the English. But thus much only to acquaint yo' hono' wl is further
intended upon a further search of o' records to be improved by yo' hono' as yo' wis
dom shall think fit; humbly desiring alsoe that or just claime to y pmises, w« more
fully psecuted, may be admitted. Thus craving yo' hono'8 pdon for this boldness, with
humble service p'sented, rests, Yo' Hon's humble Serv'.
20 Dec, 1664. W" Jones.
Doc. rel. to Col. Hist. N. Y., iii. 82.

1664] JURISDICTION OF NEW HAVEN. 553
we have had noe hand to settle the same, & before you had
cleared to our conviction the certaine limits of your charter,
which may justly increase"the scruple of too much hast in yl
& former actings upon us,) the generality of or undevided
people have orderly mett this 13th 0f iO'h mo; (64,) fo by ye
vote inclosed have prpared for this answer (to be given) of or
submission, which being done by us, then for the accomodating
of matters betwixt us in amicable wise, by a comittee impow
ered to issue with you on their behalfe & in the behalfe of all
concerned, according to instructions given to ye sd comittee.
Wee never did, nor ever doe intend to damnify your morall
rights or just privilidge, consistent with or like honest enjoym',
[387] || and we would hope yl you have noe further scope
towards us, not to violate our coven1 interest, but to accomo
date us wlh that we shall desire & the pattent beare, as hath
been often sd you would doe. And surely you have ye more
reason to be full with us herein, seeing yl yor success for pat
tent bounds wth those gent: now obtained seemes to be debtor
unto our silence before y1", when as you thus by single aplica-
tion and audience issued that matter. You thus pformeing to
satisfaction, we may still rest silent, & according to pfession by
a studious & cordiall endeavor with us to advance the interest
of Christ in this wildernes, & by the Lords blessing thereupon,
love & union betweene us may be greatly confirmed, & all our
comforts inlarged, which is the earnest prayer of,
Gent: your loveing friends and neighbors,
the Comittee appointed by ye freemen &
inhabitants of N. Haven Colony, now
assembled,
New Haven, Decemb: 14th, f James Bishop, Secretary.
1664. Connecticutts returne.
Hartford, Decembr 21th, 1664.
Honord Gentn, ,,.„,..
Wee have received yorB dated the 14th 0f this instant, signed
p James Bishop, &c, wherein you are pleased to mention yor
silence hitherto, as to ye makeing any grievance knowne to
his majt'es comission", notwithstanding what may be with
70

554 RECORDS OF THE [1664
you, Ac. Wee can say ye same, though we had faire oppor
tunities to p'sent any thing of that nature. As for yor desire
to manage affayres consistant with ye confederation, the prsent
motion will (we hope) upon a candid review not appeare any
wayes dissonant therefrom, for besides yc provision made in
one of the Articles of Confederation for two colonyes uniteing
in one, there was speciall provision (as you well know) made
at yp last session of the corn" to that purpose, conjoyned with
patheticall advice & counsell to an amicable union. 0' too
much forwardnes with N. Haven, &c, is not soe cleare, seeing
those plantations you iuhabitt are much about the centure of
or patent, which or charter limitts, as alsoe the inclosed deter
mination of his niajt'e8 honourable comission™, will to yor
conviction be apparant. That or success for patent bounds
with ye kings comrs is debtor to yor silence seemes to us
strange, when yor non complyance was soe abundantly knowne
to those gent11, yea the newes of yor motions when Mr. Jo:
Allyn was last with you, was at Newyorke before or governo™
departure thence, notwithstanding yor silence, and yet soe
good an issue obtained. Wee desire such reflections may be
[388] buried || in perpetuall silence, which onely yorselves
necessitating thereunto shall revive them, being willing to
pursue truth & peace as much as may be with all men, espe
cially with or deare brethren in the fellowship of the gospell,
& fellow members of the same civill corporation, accomodated
wth soe many choise privilidges, wch wee are willing after all
is p'pared to yor hands to conferre upon you equall _wth
orselves, which we wish may at last produce the long desired
efect of yor free & cordyall closure with us, not attributing
any necessity imposed by us farther then the scituation of those
plantatations in the heart of or colony, and therein ye peace
of posteritie in these parts of the countrey is necessarily
included, & that after soe long liberty to prsent yo1' plea where
you have seene meete. Genta wee desire a full answer as
speedily as may be, whether those lately impowered accept to,
governe according to their commission, if not, other meete
persons to governe may by us be impowered in their roome.
Thus desiring the Lord to unite or hearts & spiritts in wayes
well pleasing in his sight,
Which is the prayers of yor very loveing friends,
The Councill of the Colony of Conecticutt,
Signed by their order p me, John Allyn, Secret'y,
The determination of his maj"" com" followes*
* A blank is here left for the record of the determination of the royal commissioners.
The copy here given is from the record in a volume in the Secretary's office in Hart
ford, lettered " Colonial Records, New England, 1664, 1702." p. 2.

1664] JURISDICTION OF NEW HAVEN. 555
[By vertue of his Malies Commission wee haue heard the differences
about the bounds of the Patents graunted to his royall highnesse the
Duke of Yorke & his Majesties Colony of Conecticutt, and haueing
deliberately considered all the reasons alleadged by Mr. Allyn, sen',
Mr. Gold, Mr. Richards, & Captaine Winthrop, appoynted by the
Assembly, held at Hartford the 13"' day of October, 1664, to accom
pany John Winthrop, Esqr, (the gouernour of his Majesties Colony of
Conecticutt) to New Yorke, & by Mr. Howell and Captaine Young of
Long Island, why the sayd Long Island should be under the gouer
ment of Conecticutt, which are to long here to be recited, Wee doe
declare and order, that the southern bownds of his Majesties Colony
of Conecticutt is the sea, & that Long Island is to be under the gouer
ment of his royall highness the Duke of Yorke, as is exprest by playn
words in the sayd patents respectiuely.
And allso, by vertue of his Majesties Comission, and by the consent
of both the gouernours & the gentlemen aboue named, wee allso order
& declare, that the creeke or riuer called Momoronock, which is
reputed to be about twelue miles to the east of West Chester, and a
lyne drawne from the east poynt or side, where the fresh water falls
into the salt at high water marke, north northwest, to the lyne of the
Massachusets, be the western bownds of the sayd Colony of Conecti
cutt, and all plantations lyeing westwards of that creeke and lyne so
drawne, to be under bis royall highnesse gouerment, and all planta
tions lyeing eastward of that creek & lyne, to be under the gouerment
of Conecticutt.
Giuen under or hands, at Forte Jamer, in New Yorke on Manhatans
Island, this 30th day of Nouember, 1 664. Richard Nicolls,
George Cartwright,
Samuell Mauericke.]
[389] The last returne of N. Haven Colony Comittee, in
answ' to their former letter.
Newhaven, Janry 5th, 1664.
Honold Gent",
Whereas by yors, dat' Decembr 21th, 1664, you please to
say J4 you did ye same as we in not makeing any grievance
knowne to the com13, &c, unto yl may be returned that you
had not ye same cause soe to doe, from any p'tence of injury
by or intermedling with yor colony or coven1 interest, unto
wch we referre yt passage. For or expressing desires to marl
age all or matters in consistencie wth the confcederation we
hope you will not blame us ; how dissonant or consonant yor
actings with us have been, we leave to ye confcederates to
judge, as their records may show. That article wch allowes

556 RECORDS OF THE [1664
two colonys to joine doth alsoe wth others assert ye justnes of
each colonyes distinct right untill joined to mutuall satisfac
tion, & the provision made in such case yd last session we
gainesay not, wn the union is soe compleated & a new settlem1
of the confederation by ye respective gen11 courts accom
plish [ed.] Their patheticall advice & counsell for an amica
ble union we wish may be soe attended, in order whereunto
we gave you notice of a comittee prpared to treate with you for
such an accomodation, unto wch you give us noe answer, but
instead thereof send forth yor edict from authoritie upon us
before or conviction for submission was declared to you. The
argumt from or intermixt scituation is ye same now as it was
before or confederating & ever since, & affords noe more
ground now to dissanull ye coven1 then before. We might
marveile at yor strange why we should thinke yor successe
should be debto1 to or silence, & yt because ye newes of or
noncomplyance was wth ye comrs, as if ye meere newes of
such a thing contained ye strength of all we had to say or
plead. Gentn we intreate you to consider that there is more
in it then soe, yea yl still we have to alledge things of weight,
[390] & know where & how, if wee chose not || rather to abate
& suffer, then by striveing to hazard ye hurting yorselves or ye
comon cause. We scope not at reflections, but conviction &
conscience-satisfaction, yt soe brethren in ye fellowship of ye
gospell might come to a cordiall & regular closure, & soe to
walke together in love & peace to advance Christ his interest
among them, which is all our designe ; but how those high &
holy ends are like soe to be promoved betweene us without a
treaty for accomodation, wee have cause to doubt, yet yl wee
may not faile in ye least to performe whatever wee have said,
we now signify, that haveing seene ye coppye of his majt'es
comissionrs determination (deciding ye bounds betwixt his
highnes ye Duke of Yorke, & Conecticutts charter,) wee doe
declare submission thereunto according to ye true intent of
our vote, unto which we referre you. As to that part of yors
concerneing or magistrates & officers acceptance, their answer
is, that they haveing been chosen by the people here to such
trust, & sworne thereunto for ye yeare ensueing & untill new

I664] JURISDICTION OF NEW HAVEN. 557
be orderly chosen, and being againe desired to continue yt
trust, they shall goe on in due observance thereof, according
to ye declaration left with us by Mr. John Allyn & Mr. Sam11
Shearman, beareing date Novembr 19th, 1664, in hopes to find
yt in a loveing treaty for accomodating matters to ye ends
professed by you, unto which or comittee stands ready to
attend, upon notice from you, that soe truth & peace may be
maintained. Soe shall wee not give you further trouble, but
remaine, Gentn yor very loveing friends & neighbors
the Comittee appointed by ye freemen & inhab
itants of N. Haven Colony, signed 3p their
order, ffi me, James Bishop, Secrefy.

[Connecticut appointed no committee to treat with the committee of New Haven
Colony respecting the terms of union, and the special privileges before offered to New
Haven not having been accepted, when those towns finally submitted, they did so to
enjoy "equall pattent privilidges in all respects with the rest of the members of this
collonie." A county court was established at New Haven, October, 1665, and the
United Colony was divided into four counties, the next year, but no Court of Assist
ants, or Superior Court, if we except the short period of Andross' administration, sat
in New Haven till October, 1701. The laws of Connecticut were read, by Mr. Jones,
at a public meeting in New Haven, August 14th, 1665, and thereafter those of New
Haven were entirely disused and laid aside. The first court with a jury was held
there October 3d, 1665.
A special session of the general assembly was called to meet at Hartford, on the 15th
of March, 1664-5, to attend which from New Haven, Capt. John Nash and John Cooper
were chosen, but the former declaring his inability to go, Lieut. Thomas Munson was
elected in his place; the session was, however, put off till April 20, 1665, when John
Cooper and James Bishop were chosen deputies and attended. The session appears
to have been entirely harmonious. A suitable number from the towns of New Haven,
Milford, Guilford, Stamford and Branford was put in nomination, of whom,. Mr. Leete,
Mr. Jones, Mr. Fenn and Mr. Crane, at the election in May, 1665, were chosen Magis
trates or Assistants of Connecticut, and an act of indemnity was passed in these words,
" 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 own nature haue seemed uncomfortable to
us yet they are hereby buryed in perpetuall obliuion, neuer to be called to account "
The union was a real advantage to the inhabitants of both colonies, and contributed
essentially to the peace, strength, prosperity and convenience, of them and their pos
terity; nor afterward, save to Mr. Davenport, Mr. Pierson and a part of the congrega
tion of the latter, who were strenuous advocates for the principle that church mem
bers only should have the privilege of freemen, does there any thing appear which
would lead to the supposition that the change of government was not perfectly and
entirely to the satisfaction of the people of the former Colony of New Haven.]

ERRATA.
Page 449, line 2, for srow, read frow. A frower is defined as an instrument used
in cleaving laths.
Page 468, line 15 of note, for keep eye, read keepe y.
Page 487, line 13, for 1557, read 1657.

In the former volume.
Page 516, bottom line, for 1649, read 1647.

$h\t af Cottturtinrt, m.
Secretary's Office.
I IjCXebD certtfg, that I have caused the printed matter
contained in the foregoing pages of this volume to be care
fully compared with the original Becord, and that the same
is (except where otherwise indicated and expressed,) a true,
full and literal copy thereof, and of such documents from the
Files of the State as are incorporated therewith.
3n tEsttmonn roljmof, I have hereunto
L. S. set my hand and affixed the Seal of
the State, at Hartford, this 6th day
of April, A. D. 1858.
ORVILLE H. PLATT,
Secretary of State.

New-Haven ' s
Settling in
NEW-ENGLAND.

AND SOME

LAWES FOR
GOVERNMENT
Publifhed for the Ufe of that Colony.

Though fome of the Orders intended for
prefent convenience, may probably
be hereafter altered, and as
need requireth other
Lawes added.

LONDON.
Printed by M. S. for Idvewell Chapnan, at the
Crowne in Popef-head-AUey. 16 56.

N E W-HA VE N' S
Settling in
New-England.
And some Lawes for Government, &c.

IT hath pleased the onely wise, and All-sufficient God, who
Ruleth all the world, determines times, and sets the bounds
of all mens habitations, but is the Rich, and pretious portion
of them that fear and trust in him, at sundry times, and upon
weighty occasions, to bring severall Companies of his people, over the
great Deeps, into this part of America, called New-England, a place
far remote from their dear Native Countrey, and hath here planted,
protected, and graciously provided for them.
The first Adventurers (before they had conveniency for travell, and
opportunity to consider, and compare one place with another) sate
downe at Plymouth, and have had much experience of Gods goodnesse
and compassion in a Wildernesse, now betwixt thirty, and forty years.
In some years after, the Lord bringing over more of his people,
they planted in, and about the Massachusets Bay, and grew a large
Colony, and after them the English in Connecticut, and New-Haven,
for the conveniency of the Sea, and Rivers, planted more Westerly.
And for a while continued, though united in Nation, Religion, and
affection, yet otherwise severall and distinct Jurisdictions, free from
[2] || any expresse Ingagement one to another. In this time the
Enemy slept not, but was at work, to disturb the peace of the English,
both in sowing Tares within, among themselves, and stirring up the
Indians from abroad against them; but he that is wonderfull in
Counsell, and excellent in working, overpowred Satan, and his Instru
ments, and gave good issues to his people, in those their uncomfortable
CXGPC1 S G s
A while after, upon the motion of the Massachusets Colony, a Treaty
was begun, and in processe of time comfortably finished; solemne Cov-
' 71

562 NEW HATBN COLONY LAWS.
enants were agreed, and concluded betwixt the said Jurisdictions, in
the following words.

ARTICLES O F
Confederation betwixt the Plantations un-
• der the Government of the Massachusets, the
Plantations under the Government of Pli
mouth, the Plantations under the Government
of Connectecut, and the Government of
New Haven, with the Plantations in
Combination therewith.
WHereas we all came into these parts of America, with one and
the same end and ayme, namely, to advance the Kingdome of
our Lord Jesus Christ, and to enjoy the liberties of the Gospel, in
purity with peace; and whereas in our settling (by a wise providence
of God) we are further dispersed upon the Sea-Coasts, and Rivers,
then was at first intended, so that we cannot (according to our desire)
with convenience communicate in one Government, and Jurisdiction ;
and whereas we live encompassed with people of severall Nations, and
strange languages, which hereafter may prove injurious to us, and our
posterity : And forasmuch as the Natives have formerly committed
[3] sundry insolencies and outrages upon severall Plantations | of the
English, and have of late combined themselves against us. And see
ing by reason of the sad distractions in England, which they have
heard of, and by which they know we are hindred both from that
humble way of seeking advice, and reaping those comfortable fruits of
protection which, at other times, we might well expect; we therefore
doe conceive it our bounden duty, without delay, to enter into a pres
ent Consotiation amongst our selves, for mutuall help and strength in
all our future concernments, that, as in Nation, and Religion, so, in
other respects, we be, and continue, One, according to the tenour and
true meaning of the ensuing Articles.
i. Wherefore it is fully Agreed and Concluded by and between the
parties, or Jurisdictions above named, and they doe joyntly and sever
ally by these presents agree and conclude, That they all be, and hence
forth be called by the name of, The United Colonies of New-England.
n. The said United Colonies for themselves, and their posterities
doe joyntly and severally hereby enter into a firm and perpetuall
league of friendship and amity, for offence and defence, mutuall advice
and succour, upon all just occasions, both for preserving and propaga
ting the truth, and liberties of the Gospel, and for their own mutuall
safety, and wellfare.

NEW HAVEN COLONT LAWS. 563
It is further agreed, That the Plantations which at present are,
or hereafter shall be settled within the limits of the Massachusets, shall
be forever under the Government of the Massachusets. And shall
have peculiar Jurisdiction amongst themselves, as an intire body ; and
that Plimouth, Connecticut, and New-Haven, shall each of them, in all
respects, have the like peculiar Jurisdiction, and Government within
their limits. And in reference to the Plantations which already are
setled, or shall hereafter be erected and shall settle within any of
their limits respectively, provided that no other Jurisdiction shall
hereafter be taken in, as a distinct head, or Member of this Confeder
ation, nor shall any other either Plantation, or Jurisdiction in present
being, and not already in combination, or under the Jurisdiction of
[4] || any of these Confederates, be received by any of them, nor shall
any two of these Confederates, joyne in one Jurisdiction, without con
sent of the rest, which consent to be Interpreted, as in the sixt ensuing
Article is expressed.
It is also by these Confederates agreed, That the charge of all
just Wars, whether offensive, or defensive, upon what part or Member
of this Confederation soever they fall, shall both in men, provisions,
and all other disbursements, be born by all the parts of this Confeder
ation, in different proportions, according to their different abilities, in
manner following, namely, That the Commissioners for each Jurisdic
tion, from time to time, as there shall be occasion, bring a true account
and number of all the Males in each Plantation, or any way belong
ing to, or under their severall Jurisdictions, of what quality, or condi
tion soever they be, from sixteen years old, to threescore, being inhab
itants there. And that according to the different numbers, which
from time to time shall be found in each Jurisdiction, upon a true, and
just account, the service of men, and all charges of the war, be born by
the poll: Each Jurisdiction, or Plantation, being left to their own just
course, and custome, of rating themselves, and people, according to
their different estates, with due respect to their qualities and exemp
tions among themselves, though the Confederation take no notice of
any such priviledge. And that, according to the different charge of
each Jurisdiction, and Plantation, the whole advantage of the War (if
it please God so to blesse their endeavours) whether it be in Lands,
Goods, or persons, shall be proportionably divided among the said
Confederates. It is further agreed, That if any of these Jurisdictions, or any
Plantation under, or in Combination with them, be invaded by any
enemy whomsoever, upon notice, and request of any three Magistrates
of that Jurisdiction so invaded. The rest of the Confederates, with
out any further meeting or expostulation, shall forthwith send ayde to
the Confederate in danger, but in different proportion, namely the
Massachusets one hundred men sufficiently armed, and provided for
[5] || such a service, and journey. And each of the rest five and
forty men, so armed and provided, or any lesse number, if lesse be
required, according to this proportion. But if such a Confederate
may be supplyed by their next Confederate, not exceeding the number
hereby agreed, they-may crave help there, and seek no further for the

564 NEW HAVEN COLONT LAWS.
present. The charge to be born, as in this Article is expressed.
And at their return to be victualled, and supplied with powder and
shot (if there be need) for their journey by that Jurisdiction which
imployed, or sent for them. But none of the Jurisdictions to exceed
these numbers, till by a meeting of the Commissioners for this Confed
eration, a greater ayde appear necessary. And this proportion to
continue, till upon knowledge of the numbers in each Jurisdiction,
which shall be brought to the next meeting, some other proportion be
ordered. But in any such case of sending men for present ayde,
whether before or after such order or alteration, it is agreed, That at
the meeting of the Commissioners for this Confederation, the cause of
such war or invasion, be duly considered, and if it appear, that the
fault lay in the party so invaded, that then, that Jurisdiction, or Plan
tation, make just satisfaction, both to the invaders, whom they have
injuried, and bear all the charges of the war themselves, without requir
ing any allowance from the rest of the Confederates toward the same.
And further, if any Jurisdiction see any danger of an invasion
approaching, and there be time for a meeting, That in such case, three
Magistrates of that Jurisdiction may summon a meeting, at such con
venient place, as themselves shall think meet, to consider, and provide
against the threatned danger. Provided, when they are met, they
may remove to what place they please, onely while any of these four
Confederates, have but three Magistrates in their Jurisdiction, a
request or summons, from any two of them, shall be accounted of
equall force, with the three mentioned in both the clauses of this Arti
cle, till there be an increase of Magistrates there.
vi. [6] It is also agreed, That for the managing and concluding || of all
affaires proper to, and concerning the whole Confederation, two Com
missioners shall be chosen by, and out of the foure Jurisdictions,
namely two for the Massachusets, two for Plimouth, two for Connecti
cut, and two for New-haven, being all in Church-fellowship with us,
which shall bring full power from their severall generall Courts
respectively, to hear, examine, weigh, and determine all affaires of
war, or peace, leagues, aydes, charges, and numbers of men for war,
division of spoyles, or whatsoever is gotten by conquest, receiving of
more confederates, or Plantations into Combination with any of these
Confederates, and all things of like nature, which are the proper con
comitants, or consequences of such a Confederation, for amity, offence,
and defence, not intermedling with the Government of any of the Juris
dictions, which by the third Article, is preserved intirely to themselves.
But if these eight Commissioners when they meet, shall not all agree,
yet it is concluded, That any six of the eight agreeing, shall have
power to settle, and determine the businesse in question. But if six
doe not agree, that then such Propositions, with their Reasons, so far as
they have been debated, be sent, and referred to the foure Generall
Courts, viz.The Massachusets, Plymouth, Connectecut, and New-haven.
And if at all the said Generall Courts, the businesse so referred, be
concluded, then to be prosecuted by the Confederates, and all their
Members. It is further agreed, That these eight Commissioners shall
meet once every year, besides extraordinary meetings, according to

NEW HAVEN COLONT LAWS. 565
the fifth Article to consider, treat, and conclude of all affaires belong
ing to this Confederation, which meeting shall ever be the first Thurs
day in September. And that the next meeting after the date of these
presents, which shall be accounted the second meeting, shall be at
Boston m the Massachusets, the third at Hartford, the fourth at New
haven the fifth at Plimouth, the sixth and seventh at Boston ; and then
Hartjord, New-haven, and Plymouth, and so in course successively.
If in the mean time, some middle place be not found out, and agreed
on, whichmay be comodious for all the Jurisdictions.
[7] J| It is further agreed, That at each meeting of these eight Com- vn
missioners, whether ordinary or extraordinary ; they all, or any six of
them agreeing as before, may choose their President out of themselves,
whose Office and work shall be, to take care, and direct for Order, and
a comely carrying on of all proceedings in the present meeting. But
he shall be invested with no such power or respect, as by which, he
shall hinder the propounding or progresse of any businesse, or any
way cast the scales, otherwise then in the precedent Article is
agreed. It is also agreed, That the Commissioners for this Confederation vin.
. hereafter at their meetings, whether ordinary or extraordinary, as they
may have Commission or opportunity, doe endeavour to frame and
establish Agreements and Orders in generall cases of a civil nature,
wherein all the Plantations are interested, for preserving peace
amongst themselves, and preventing (as much as may be) all occa
sions of war, or differences with others, as about the free and speedy
passage of Justice in each Jurisdiction, to all the Confederates equally,
as to their own, receiving those that remove from one Plantation to
another, without due Certificates, how all the Jurisdictions may carry
it towards the Indians, that they neither grow insolent, nor be injuried
without due satisfaction, least War break in upon the Confederates,
through such miscarriages. It is also agreed, That if any Servant
run away from his Master, into any other of these Confederated Juris
dictions, That in such case, upon the Certificate of one Magistrate in
the Jurisdiction, out of which the said Servant fled, or upon other due
proof, the said Servant shall be delivered either to his Master, or any
other that pursues, and brings such Certificate, or proof. And that
upon the escape of any Prisoner whatsoever, or fugitive, for any Crim-
inall Cause, whether breaking Prison, or getting from the Officer, or
otherwise escaping, upon the Certificate of two Magistrates of the
Jurisdiction out of which the escape is made, that he was a prisoner
or such an offendor, at the time of the escape. The Magistrates, or
[8] some of them, of that Jurisdiction where for the || present the said
prisoner or fugitive abideth, shall forthwith grant such a Warrant, as
the case will bear, for the apprehending of any such person, and the
delivery of him into the hand of the Officer, or other person who pur-
sueth him. And if help be required for the safe returning of any such
offender, it shall be granted unto him that craves the same, he paying
the charges thereof.
And for that the justest Wars may be of dangerous consequence, IX,
especially to the smaller Plantations in these United Colonies, it is

566 NEW HAVEN COLONT LAWS.
agreed, That neither the Massachusets, Plymouth, Connecticut, nor
New-Haven, nor any of the Members of any of them, shall at any
time hereafter begin undertake or engage themselves, or this Confed
eration, or any part thereof in any War whatsoever (sudden exigents
with the necessary consequences thereof excepted, which are also to
be moderated, as much as the case will permit) without the consent
and agreement of the forenamed eight Commissioners, or at least six
of them, as in the sixt Article is provided. And that no charge be
required of any of the Confederates in case of a defensive War, till
the said Commissioners have met, and approved the Justice of the
War, and have agreed upon the sum of money to be levied ; which
sum is then to be paid by the severall Confederates, in proportion,
according to the fourth Article.
That in extraordinary occasions, when meetings are summoned by
three Magistrates of any Jurisdiction, or two as in the fifth Article, if
any of the Commissioners come not, due warning being given, or sent,
it is agreed, That foure of the Commissioners shall have power to
direct a War which cannot be delayed, and to send for due propor
tions of men, out of each Jurisdiction, as well as six might doe, if all
met, but not lesse then six shall determine the justice of the War, or
allow the demands, or Bills of charges, or cause any levies to be made
for the same.
It is further agreed, That if any of the Confederates shall hereafter
break any of these present Articles, or be any other way injurious to
any one of the other Jurisdictions such breach of Agreement, or injury
[9] shalbe duly considered, and ordered || by the Commissioners for
the other Jurisdictions, that both peace, and this present Confederation,
may be intirely preserved without violation.
Lastly, this perpetuall Confederation, and the severall Articles and
Agreements thereof, being read and seriously considered, both by the
Generall Court for the Massachusets, and by the Commissioners for
Plymouth, Connecticut, and New-Haven, were presently and fully
allowed and confirmed by three of the fore-named Confederates, namely
the Massachusets, Connecticut, and New-Haven; in testimony whereof,
the Generall Court of the Massachusets by their Secretary, and the
Commissioners for Connecticut and New-Haven subscribed them the
19 day of the third month, commonly called May, Anno Domini,
1643. Only the Commissioners from Plymouth, having brought no Com
mission to conclude, desired respite to advise with their Generall Court,
which was granted, and at the second meeting of the Commissioners
for the Confederation, held at Boston in September following, the
Commissioners for the Jurisdiction of Plymouth, delivered in an Order
of their Generall Court, dated the 29 of August, 1643, by which it
appeared that these Articles of Confederation were read, approved
and confirmed by the said Court, and all their Townships, and their
Commissioners authorized to ratifie them by their subscriptions, which
they accordingly did, the 7 day of September, 1643.

NEW HAVEN COLONT LAWS. 567
When the Plantations within this Colony first treated to be one New Hwm.
Jurisdiction, and to settle themselves under one Government, these 1-
following particulars were solemnly and unanimously approved
and concluded as a fundamentall Agreement, upon which the
Combination was framed.
THat none shall be admitted Free-men, or free Burgesses within Deut. 1. 13.
this Jurisdiction, or any part of it, but such Planters as are Mem- Exod- 18- 21-
bers of some one, or other of the approved Churches of New-England; Deut- 1T- 15i
nor shall any but such be chosen to Magistracy, or to carry on any Jer' 30' 21'
part of Civil Judicature, or as Deputies or Assistents to have power,
[10] or Vote in || establishing Lawes, or in making or repealing
Orders, or to any chief Military Office, or trust, nor shall any others,
but such Church Members, have any Vote in any such Elections.
Though all others admitted to be Planters, have right to their proper
Inheritances, and doe and shall enjoy all other Civil liberties and
priviledges, according to all Lawes, Orders, or grants, which are, or
hereafter shall be made for this Colony.
That all such Freemen of this Jurisdiction, shall yearly without
any summons, upon the Election day, which is to be the last fourth
day in the week, commonly called Wednesday, in May (till by the
Generall Court some other time be ordered and published) either in
person, or by proxy, attend that service: And according to their best
light from the word of God, shall Vote in the Election of Governour,
Deputy Governour, Magistrates, Commissioners for the United Col
onyes, Treasurer, Secretary, Marshall, or any other Officer, then chosen
for the Jurisdiction. And for the ease of the said Freemen (especially
such as dwell remote) it is agreed, That when any of them cannot
conveniently come, they may send their Votes, either written, or in
some other way sealed up in the presence of the rest of the Freemen
in the Plantation where they dwell, or the greater part of them. And
further, if any of them purposing to be present at the Election, when
the other Votes were sealed up, should after be hindred, and then
want opportunity to seale up his Vote, in the presence of the major
part of the Freemen ; in such case he may seale it up in the presence
of two such Freemen as knew he sent no Vote before, and (upon their
testimony or Certificate) it shall be accepted, that so the liberty of the
Freemen may be preserved, they may have means to attend their duty,
and their Votes may be directed according to their particular light.
And the said Freemen may at the Election Court yearly, choose so
many Magistrates for the Jurisdiction in each Plantation, as the
weight of affaires shall require, and as they shall there find Freemen
fit for such a trust; provided that when any man of what Plantation
soever, shall be first propounded for Magistracy within this Jurisdic-
[11] tion, seasonable || notice shalbe first given to all the Plantations,
of such a purpose, or desire, that all the Freemen may duely consider
or informe themselves, and that such as cannot be present, but send
their Votes, may proceed accordingly, and that each Freeman whether
present or absent, at the Election, may the better improve his Liberty,

568 NEW HAVEN COLONT LAWS.
It is Ordered, that he may give or send his Vote, as he finds cause,
either in the affirmative, by putting in an Indian Corne, or in the
Negative, by putting in a Beane, or in such other manner, as the
Generall Court shall iudge more convenient.
Ex. 18. 21. That the affaires of this Jurisdiction, may be the better carried on,
¦ and that the inhabitants may know whom to obey, and from whom to
17. seek redresse of injuiries, it is agreed, that there be severall Courts for
Deut. 16. 18. severall purposes, and of different constitutions and power.
First a General Court, which shall consist of the Governor, Dep
uty Gover: all the Magistrates, and of two Deputies for each Planta
tion in the Jurisdiction (where there is a Church duely gathered, and
Freemen orderly admitted) which Deputies shall be chosen either
yearly, or against the approach of any such Generall Court, by the
Freemen of each plantation, or the greater number of them, and shall
be sent at each Generall Court with full power (as having the power
and Voyces of all the said Freemen derived to them) to consult of,
and determine, all such matters, as concerne the publick welfare of
this Colony, and with due Certificate thereof, all which both Governor,
Deputy Governor, Magistrates, and plantation Deputies shall have
Vote in the said Court.
This Generall Court and all the members thereof, shall from time to
time meete, and sitt at Newhaven (unlesse upon weighty cause, The
Major part of the Court, see cause for a time to alter the place) at
least once every yeare, namely the last fourth day in the weeke com
monly called Wednesday in May, first to carry on the Elections, And
after to consider and order, all such other affaires of the Jurisdiction,
as fall within their Cognizance, trust, and power, Beside which fixed
Courts, the Governor, or in his absence, The Deputy Governor, and in
[12] their absence, any two Magistrats || of this Jurisdiction, shall
have power to Summon a Generall Court, at any other time, as the
urgent and extraordinary occasions of the Jurisdiction, or any part
thereof, may require, And at all such Generall Courts, whether ordin
ary, or extraordinary, the Governor, Deputy Governor, Magistrates,
with all the forementioned Deputies, shall sitt together till the affaires
of the Jurisdiction be dispatched, or may (as they conceive) be safely
respited; And if any of the said Magistrats, or Deputies, shall either
be absent at the first sitting of the said Court, or without leave depart,
or disorderly absent him, or themselves from the service, before the
Court be finished (though the absence of a lesse part, either of Magis
trates, or Deputies, when the Court is either fixed, or with due notice,
called extraordinarily, shall neither stop proceedings nor abate the
force of what is ordered, by the Major part both of Magistrates, and
Deputies, yet) he, or they, shall each of them pay twenty shillings for
a fine to the Jurisdiction, for such absence, or departure; But if any
Plantation, send no Deputy, or if the absence, or departure, be mingled
with contempt, or willfull neglect, which may either hinder the pub
lick service, or prove an ill example, the fine shall be increased, as the
Court upon due consideration of the offence, with the agravations,
shall judge meete, or if the absence &c. grow by any over ruling prov-

NEW HAVEN COLONT LAWS. 569
idence of God, The same is also duely to be considered by the Court,
For sparing or mitigating the fine.
This Court thus framed, shall first with all care, and diligence from 1.
time to time provide for the maintenance of the purity of Religion, and *•*>*¦ 2- W.
suppresse the contrary, according to their best Light, and directions j Tl^ 2
from the word of God.
Secondly, though they humbly acknowledge, that the Supreame 2.
power of making Lawes, and of repealing them, belongs to God onely,
and that by him this power is given to Jesus Christ as Mediator, Esay. 83. 22.
Math. 28. 19. Joh. 5. 22. And that the Lawes for holinesse, and
Righteousnesse, are already made, and given us in the Scriptures,
[18] which in matters morall, || or of morall equity, may not be
altered by humane power, or authority, Moses onely shewed Israel Beut- 6- 8.
the Lawes, and Statutes of God, and the Sanedrim the highest Court, Deut 17- u-
among the Jewes, must attend those Lawes. Yet Civill Rulers, and
Courts, and this Generall Court in particular (being intrusted by the
freemen as before) are the Ministers of God, for the good of the Rom. 13. 4.
people ; And have power to declare, publish, and establish, for the
plantations within their Jurisdictions, the Lawes he hath made, and
to make, and repeale Orders for smaller matters, not particularly
determined in Scripture, according to the more Generall Rules of
Righteousnesse, and while they stand in force, to require due execu
tion of them.
Thirdly to require an Oath from all the Magistrates, Deputies, or 8.
Assistents &c. In "every Court of Judicature, for the faithfuU dis
charge of the trust committed to them, according to their best abilities.
And to call them to account for the breach of any Lawes established,
or for other misdemeanours in their places, and to censure them as the 1. Sam. 12. 3.
quality of the offence may require ; and here the Vote to passe as in
the Law of Appeals.
Fourthly, To impose an Oath of Fidelity and due subjection to the i-
just Lawes standing in force, upon all the Freemen, Planters, and ^"^ '4_ '
Inhabitants fit to take an Oath, with due penalty for obstinate refusall, \i.
after some convenient time hath been given for due consideration. Ezra 7. 26.
Fifthly, To order and appoint such Works and Fortifications as 5.
they conceive may tend to the better defence of this Colony ; with
Guns, Ammunition, and all other provisions and furniture suitable 2 Chron. 32.
thereunto : And to provide that the same be kept and preserved in a 2> 3> *> 5> 6-
condition fit for present service, whether against Indians, or other
Enemies. And to order all affairs of war and peace, levying of men,
§c. with due respect to the former Articles of Confederation.
Sixthly, To order and regulate Trade, both with Indians and others, 6.
according to the Rules of Righteousness and prudence, for the publick^*. 28. 18.
good; and to settle and levy Rates, Contributions and Impositions °™j y
[14] upon all sorts of persons, || Lands and Goods, within this Juris
diction, as the publick service, and occasions of Church or Common
wealth may from time to time require. ,<-,.., ,
Seventhly, To bear and determine all causes, whether Civil or ?_
Criminall, which by appeal or complaint shall be orderly brought unto ™ -^ ¦
them, either from any inferiour Court, or from any of the Plantations.
72

570 NEW HAVEN COLONT LAWS.
In all which, with what ever else falls within their cognizance, trust
or Judicature (as the highest Court within this Jurisdiction) they shall
proceed according to Scripture light, and Lawes, and Orders, agree
ing therewith. And nothing shall be concluded, and passe as an Act
of the General Court (unlesse in cases expressly excepted) but by the
consent and Vote of the Major part of the Magistrates, together with
the consent and Vote of the greater part of the Deputies.
Secondly there shall be a Court, called the Court of Magistrates
wherein all the Magistrates for the Jurisdiction, shal meete and sitt at
New-haven, at least twice a year; namely, the Second day of the
weeke, Commonly called Munday, before the Court of Elections in
the Third Month called May, and the third fourth day in the weeke
commonly called Wednesday, in the eight month called October, to
heare examine and determine, all weighty and Capitall causes Civill,
and Criminall, above those limited to Plantation Courts, And to
receive, and try all Appeales duely brought unto them, from planta
tion Courts, and to call all the Inhabitants, Freemen, planters, and
others to account for breach of any Lawes, or Orders, Established, or
for other misdemeanours, and to censure them, as the quality of the
Offence shall require, in which meetings of the Magistrates, lesse then
foureTNIagistrates, shall not be accounted a Court, nor shall they carry
on any buisnesse.as a Court of Magistrates. But it is expected, and
required, that all, and every of the Magistrates for this Jurisdiction,
doe constantly attend the Publick Service; at every Court of Magis
trates, whether fixed, or upon speciall occasion duely Summoned,
either by the Governor, or in his absence, by the Deputy Governor,
or in their absence, by any two Magistrates of this Jurisdiction,
[15] || and if any of them (having had due warning) be absent at the
first sitting of any such Court, or after without leave depart, or disor
derly absent himselfe from the service, before the Court be finished,
he, or they shall pay for every such default, twenty shilings fine to
the Jurisdiction, or more as the case may require, unlesse some prov
idence of God (whereof the Court of Magistrates shall from time to
time judge) did necessarily cause the same, and all Sentences in this
Court, shall passe by the Vote of the Major part of the Magistrates
present, onely the Governor, and in his absence the Deputy Governor,
when Votes in other respects are equall, shall in this Court, and when
they or either of them, sitt in a Plantation Court, have a casting Voyce,
but from this Court, appeales and complaints may be made, and brought
to the Generall Court, the Plaintiff in point of security, first duely
attending the Law of Appeales.
Thirdly beside the Generall Court, and Court of Magistrates, for
the ease of the Inhabitants, there shall be Plantation Courts, to heare
and determine inferiour causes, which Courts may be of two sorts,
namely in every Plantation within this Jurisdiction, where there is a
Magistrate, one, or more, the Freemen from among themselves, shall
choose at least two Deputies, but three or fower if they see cause, to
assist the Magistrate, or Magistrates, and in such Courts they may try
any Civill cause betwixt party and party, in valew not exceeding
twenty Pounds, and any Criminall cause, when the punishment by

NEW HAVEN COLONT LAWS. 571
Scripture Light, exceeds not stocking, and whipping, and if the fine
be pecuniary, when the fine exceeds not five Pounds, and in all such
Courts, the Sentance shall passe according to the Vote of the Major
part of the Court, onely when Votes in their number are equall, the
casting Voyce shall be in the Governor, or Deputy Governor, or
Magistrates present. But to expedite justice with as little inconven
ience as may be to Magistrates more remote, it is agreed, and Ordered,
that any such Plantation Court, calling in two other Magistrats' from
any other neighbouring Plantation, or Plantations, within this Juris
diction, may try any civill cause, though of the highest Valew, and any
Criminall cause, provided it be not Capitall, extending to the life of
the Offendor, but in such Plantations, if the Magistrate upon any occa
sion be absent, the Deputies alone have no such power of Judicature,
[16] onely to prevent || inconveniences, they may order the Marshall
to stay any Malefactor or suspitious person, or seize, or stop the estate
of any man, or part of it, upon case shewn, when the case will not
admit delay, till the Magistrate come home, provided that sufficient
security be taken of him, or them, causing such stay or seizure, to
pay just damages, if the proceedings prove unwarantable, and in case
of remove, or death of such Magistrate, the Deputies fall in with
other Plantations, where there is no Magistrate, till further Order be
taken,and in such Plantations Deputies being Chosen, either by the
Generall Court, or with their allowance, by the freemen from among
themselves, they may keepe Courts to issue smaller causes, and to
order other affaires, in all respects, as the General Court shall from
time to time appoint and limit, but from all these Courts, and in all
tryals, and proceedings in them, Appeals and complaints may be
brought to the Court of Magistrates, the Plaintiff putting in security,
according to the Law of Appeales.
These Generalls were at first laid, as a foundation for Government,
though it was foreseene, and agreed, that the Circumstantialls therein,
such as the Ordinary, and fixed times both for Elections, and for the
meeting of the Generall Court, and Court of Magistrates, how oft, and
when they shall sit, the fines for absence, or disorderly departing, and
the Valew of causes to be tryed in Plantation Courts, with other par
ticulars in their proceedings might after be further considered, con
tinued or altered, as may best suite the course of justice, and the con
veniency of the Plantations.
Certaine Lawes, Liberties, and Orders, made, granted, and estab
lished, at severall times, by the Generall Court of New-haven Col
ony, for and to the Inhabitants of that Jurisdiction, now Collected,
and further Published, for the use of such as are concerned in
them, wherein they have made use of the Lawes published by the
Honourable Colony of the Massachusets.
IT is Ordered by this Court, and the Authority thereof, that no mans
life, shall be taken away, no mans honour, or good name, shall be
stained, no mans person shall be imprisoned, banished, or otherwise
punished, no man shall be deprived of his wife, or children, no mans

572 NEW HAVEN COLONT LAWS.
goods, or estate shall be taken from him, under colour of Law, or
[17] Countenance of Authority, unlesse it be by vertue, || or equity of
some expresse Law of this Jurisdiction, established by the Generall
Court, and sufficiently published, or for want of a Law in any partic
ular case, by the word of God, either in the Court of Magistrates, or
some Plantation Court, according to the weight and valew of the
cause, onely all Capitall causes, concerning life or banishment where
there is no expresse Law, shall be judged according to the word and
Law of God, by the Generall Court.
That no man shall be put to death, for any offence, or misdemeanour
in any case, without the testimony of two witnesses at least, or that
which is Equivalent thereunto, provided, and to prevent, or suppresse
much inconvenience, which may grow, either to the publick, or to par
ticular Persons, by a mistake herein, it is Ordered, and declared, by
the Authority aforesaid, that two, or three single witnesses, being of
competent age, of sound understanding, and of good Reputation, and
witnessing to the case in question (whither it concerne the publick
peace, and welfare, or any one, and the same particular person) shall
be accounted (the party concerned, having no just exception against
them) sufficient proofe, though they did not together see, or heare, and
so witnesse to the same individuall, and particular Act, in reference
to those circumstances of time, and place.
Actions.
IT is ordered by this Court and the Authority thereof, that every
person impleading another, in the Court of Magistrates, or in any
Plantation Court, when the debt or damage he demands, or the action
he layeth, is above twenty pounds, so that it cannot be tryed by a
Plantation Court, unless two Magistrates of some other Plantation,
be called in to assist, he shall pay the sum of ten shillings, before his
case be entred, or any part of it heard, unlesse the Court see cause
to admit the Plaintiff to sue, in forma pauperis. But in all Actions,
brought to any Court, the Plaintiff shall have Liberty to withdraw
his action, or to be non suited, before Sentence passe, in which case,
he shall alwayes pay full cost and charges to the defendent, and may
after renew his Suite at another Court.
Age.
It is Ordered, S?c. that the age for passing away of Lands, or
such kinds of Hereditaments, or ingagements of like nature, as for
[18] || giving of Votes, passing Sentences in publick meetings, Civil
Courts, or Causes, shall be at least twenty and one years, but in cases
admitting the choyce of Guardians, any age above fourteen may be
sufficient. Appeales.
It is Ordered, fyc. That if any man cast, or sentenced in his Cause,
be unsatisfied with the proceedings and issue, it shall be in his liberty
(the cause not being criminall) to make his Appeal from any Planta
tion Court, to the Court of Magistrates ; and in like case, from the
Court of Magistrates, to the General Court. But in such case, when

NEW HAVEN COLONT LAWS. 573
the Magistrates, or some of them, have already exprest themselves,
to prevent difference and inconvenience, it is Ordered, That the major
part of the General Court, consisting of Magistrates and Deputies,
taken joyntly shall issue it. But to prevent, or provide against
unnecessary trouble to Courts, charge to the Jurisdiction, and other
inconveniencies which may follow, if the course of Justice be delayed,
or evaded, it is further Ordered, That whosoever shall so Appeal, doe
/ tender his Appeal, and put in sufficient security before the Judges of
the Court, from which he Appeales, the Secretary or other person, or
persons Authorized to admit Appeals, effectually by himself, his
Deputy or Attorney to prosecute his Appeal, at the next usuall fixed
time of that Courts sitting, to which the Appeale is made ; and
to observe, perform, and pay to the Defendant, as shall be there
adjudged ; but every such Appeal shall be entred, and security as
before put in, within three dayes after sentence in the cause was given,
and the same at the charge of the party appealing, to be recorded,
and certified to the Court, unto which the Appeale is made. And
lastly, it is Ordered, that if in the review it appear, the Plaintiff had
no cause to Appeale, Petition, or complain, he shall pay such further Exo. 22.
charge, as the Court shall judge hath been expended in their sitting
to re-examine his cause, that no unnecessary charge fall upon the
Colony. Appearance. Non-appearance.
It is Ordered, fyc. That no man shall be punished for not appearing
at or before any Civil Assembly, Court, Magistrate, or Officer, nor
for omission of any Office or service, to be performed in his own per
son only, if he shall be necessarily hindred by any apparent provi-
[19] dehce of God, which he could neither foresee, | nor avoid, and
by giving or sending notice, hath done what was in his power. Pro
vided, That this Law shall not prejudice any person of his just cost
and damage, in any civil action.
Arrests, see Imprisonment.
Attachments. See further in the Title Distresse.
It is Ordered, fyc. That no Attachment shall be granted in any civil
action to any Forraigner, against a setled Inhabitant of this Jurisdic
tion, before he hath given sufficient security, or caution, duly to prose
cute his Action, and to answer the Defendant such costs and damages,
as the Court shall award. And it is further Ordered, That in all
Attachments of Goods and Chattels, of Lands or Hereditaments,
whether by Forraigners, or setled Inhabitants, legall notice shall be
given to the party concerned, or left in writing at his house, or place
of usuall abode, before the suit proceed ; but if he be out of the Juris
diction, the cause shall proceed to tryall, but Judgement shall not be
entred till another Court at least a month after. And if the Defend
ant doe not then appear, Judgement shall be entred, but execution
shall not be granted before the Plaintiff hath given sufficient security
to be responsall to the Defendant, if he shall reverse the Judgement
within one year, or such further time as the Court shall see cause to
Order.

574 NEW HAVEN COLONT LAWS.

r

Bakeks.
T is Ordered, fyc. That every person within this Jurisdiction, who
shall bake Bread for sale, shall have a distinct mark for his Bread,
and keep the true assizes hereafter expressed and appointed.
When Wheat is ordinarily sold by the bushell, at the severall
Rates hereafter mentioned, the penny white loaf, penny wheaten loaf,
and penny houshold loaf shall weigh severally and respectively by
aver dupoyse weight as followeth.
s. d. the When the bushell of wheat is
at 3 0 penny white loaf 111 ounces, wheaten 17£ ounces, houshold 23 ounces.
at 3 6 penny white loaf 10^ ounces, wheaten 15| ounces, houshold 20^ ounces.
at 4 0 penny white loaf 9^ ounces, wheaten 14 ounces, houshold 18£ ounces.
at 4 6 penny white loaf 8J ounces, wheaten 12| ounces, houshold 16J ounces.
at 5 0 penny white loaf 7f ounces, wheaten 11^ ounces, houshold 15| ounces.
at 5 6 penny white loaf 7 ounces, wheaten 10 J ounces, houshold 14| ounces.
at 6 0 penny white loaf 6^ ounces, wheaten 10 ounces, houshold 13 ounces.
at 6 6 penny white loaf 6 ounces, wheaten 9^ ounces, houshold 12^ ounces.
[20] || And so proportionably under the penalty of forfeiting all such
Bread, as shall not answer the forementioned severall Assizes. And
for the better execution of this Order there shalbe in every Planta
tion, as occasion may require, an Officer yearly chosen, who shal be
sworn at the next Plantation Court, or by the next Magistrate, or
Officer for taking Oaths, unto the faithfuU discharge of his Office, who
is hereby authorized to enter into any house, either with the Consta
ble, or Marshall, or without, where he understands that any Bread is
Lot. l .36. fo^gd for saje anc^ j0 weiorh sucn Bread, as often as he seeth cause:
Pl*0 III
& 20I lb. ar)d after once notice, or warning, to seize all such bread as he find-
Deu. 25. 15. eth defective in weight, or not marked according to this Order. And
Am. 8. 5. 6. all such forfeitures shall be divided, one third part to the Officer for
his care and paines, and the rest to the poor of the place.
Ballast.
It is Ordered, SfC. That no Ballast shall be cast out of any Ship or
other Vessel in the Channel, or other place inconvenient, in any Har
bour within this Jurisdiction, under the penalty of ten pounds to be
levied upon the Owners, Mariners, Seamen, or others offending, to
the use of the said Plantation. The ship or vessel to be stayed till
payment be made. Barratry.
It is Ordered, fyc. That if any person be proved, and judged a com
Pri6 82819' m0n Barrater, vexing others with unjust, frequent, and troublesome
26'. 21.' suites, it shall be in the power of any Court, both to reject his cause,
and to punish him for his Barratry.
Bills and Specialties.
It is Ordered, $c. That any debt, or debts, due upon Bill, or other
specialty, being duly assigned to another, shall be as good a debt, and
estate to the Assignee, as it was, or could be, to the Assigner. And
that it shall be lawfull for the said Assignee to sue for, and recover
the said debt, due upon Bill, or other Specialty, and so assigned, as

NEW HAVEN COLONT LAWS. 575
fully as the Original Creditor might have done. Provided the
Assignation be either made upon the back of the Specialty, or to the
Court some other way cleared, that future questions may be stopped,
or duly answered. Burglary, and Theft.
It is Ordered, fyc. That if any person shall commit Burglary, or
break up any dwelling-house, or any thing equilant, or rob any
[21] || person by force, or by using any threatning gestures, or other
actions, in the fields, high-wayes, or other place, the party so offend
ing, shall for the first offence (beside such restitution and damage as
the Court to which the cognizance belongs, shall see cause to order) zech. 13. 6.
be branded on the right hand with the Letter (B) if he shall offend in Jud&- 18- 7
the like kind a second time (beside restitution and damage) he shall
he branded on the left hand, and also be severely whipt ; and if he fall
into the like offence the third time, (beside restitution and damage out
of his estate) be shall be put to death as incorrigible. And if any
person shall commit such Burglary, or so rob in any place on the
Lords day, he shall (beside restitution and damage) for the first offence,
be burnt on the right hand, as before, and severely whipt ; for the
second offence, he shall be burnt on the left hand, stand on the Pillory,
be severely whipt, and wear a halter in the day time constantly and
visibly about his neck, as a mark of infamy, till the Court of Magis
trates see cause to release him from it ; but if he fall into the same
offence the third time, he shall be put to death as incorrigibly unright- Nllmb„-115-
eous, and presumptuously profane.
And to prevent or suppresse other thefts, and pilfrings, it is
Ordered, That if any person shall be taken, or proved to have stollen,
assisted, or any way have been accessary to the stealing of any Cattel
of what sort soever, or Swine, he shall by way of forfeit make such
restitution to the owner, as the Court considering all circumstances, ex. 22. 1.
shall judge most agreeable to the word of God. And if any person t0 5
shall be proved to have stollen any Goods of what sort soever, out of
any mans dwelling-house, Warehouse, Barn, or other Outhouse, or
left out in Court, Yard, Garden, Orchard, High-way, from the Water
side, or out of any Boat or Vessel, or other place, or to have robbed
any Garden, or Orchard, or stollen, or hurt, any grafts, or fruit-trees,
or fruit, he shall forfeit and pay double damages to the owner, beside
such further fine and punishment, as the Court considering all aggra
vating circumstances of time, manner fyc. shall judge meet. If the
thief in any part of the premisses be not able to make restitution (if
the case require it) he is to be sold for a servant, till by his labour he Ex. 22. 3.
may make due restitution. And if any Children, or Servants, who
cannot pay for themselves, shall transgresse, and trespasse in any part
[22] of the premisses, if their Parents or Masters || will not pay the
penalty for them, they shall be publickly whipt, or further proceeded
against as the case may require, and all Servants, and workemen, imbez-
efing pilfring or stealing the goods of their Masters, or such as set them
on worke, shall make such Restitution, and be liable to all Lawes and
penalties as other men, and if any person shall be proved to pilfer or

576 NEW HAVEN COLONT LAWS.
steale a second or third time, his punishment shall be increased by
whiping or otherwise, as the Court shall see cause.
And forasmuch as small thefts, trespisses, or other offences of a
Criminall nature, are sometimes committed by the English or others
in Townes or places remote from Prisons, or it may prove inconven
ient to defer the Tryall, or to make stay of the persons offending, or
hard to get security for appearance at a Court, it is therefore Ordered,
that any Magistrate, or Deputy intrusted to assist in Judicature, call
ing in such other help as the place affords for a Plantation Court
(which help is hereby required to attend the service upon due warn
ing) may upon complaint brought to him, when the case so requires,
with the first conveniency, heare, and upon due proofe determine any
such offence (the valew whereof either in point of fine, damage, or
other punishment exceeds not the limits of that Plantation Court,
according to the Lawes here established) and may give warrant to
the Marshall, or other Officer, for answerable execution, but if the
offendor refuse to pay or have nothing to satisfie, the Magistrate, or
Deputy with the help aforesaid, may punish by stocking, whiping, or
otherwise ; according to the nature of the offence, and import of this
Law. Capitall Lawes.
IT is Ordered, fyc. That if any person after legall, or other due con
viction, shall have, or worship any other God, but the Lord God,
he shall be put to death, Exod. 22. 20. Deut. 13. 6. 10. Deut. 17. 2,
3, 4, 5, 6.
If any person be a Witch, he or she shall be put to death, accord
ing to Exod. 22. 18. Levit. 20. 27. Deut. 18. 10, 11.
If any person within this Jurisdiction, professing the true God, shall
wittingly and willingly presume to blaspheme the holy name of God,
Father, Son, or Holy Ghost, with direct, expresse, presumptuous, or
high-handed blasphemy, either by willfull or obstinate denying the
[23] true God, or his Creation, or Government of || the world, or shall
curse God, father, Son, or Holy ghost, or reproach the holy Religion
of God, as if it were but a politick device to keep ignorant men in
awe ; or shall utter any other kind of blasphemy of like nature, and
degree, such person shall be put to death. Lev. 24. 15, 16.
If any person shall commit any wilfull murder, if he shall kill any
man, woman or child, upon premeditated malice, hatred, or cruelty
(not in a way of necessary and just defence, nor by meer casualty
against his will) he shall be put to death. Exod. 21. 12, 13. Numb.
35. 31.
If any person slayeth another suddenly in anger, or cruelty of pas
sion, he shall be put to death, Levit. 24. 17. Numb. 35. 16, 17, 18,
19, 20,21.
If any person come presumptuosly to slay another with guile,
whether by any kinde of force, Poyson, or other wicked practice,
every such person shall be put to Death. Exod. 21. 14. Agreeing
with Deut. 19. 19. By parity of Reason.
If any man or woman, shall lye with any beast, or bruite creature

NEW HAVEN COLONT LAWS. 577
by carnall Copulation, he, or she, shall surely be put to death, and the
beast shall be slaine, buried, and not eaten. Levit. 20. 15, 16.
If any man lyetb with mankinde, as a man lyeth with a woman,
both of them have Committed abomination, they both shall surely be
put to death. Levit. 20. 13. And if any woman change the naturall
use, into that which is against nature, as Rom. 1. 26. she shall be
liable, to the same Sentence, and punishment, or if any person, or per
sons, shall Commit any other kinde of unnaturall and shamefull filthi-
nes, called in Scripture the going after strange flesh, or other flesh
then God alloweth, by carnall knowledge of another vessel then God
in nature hath appointed to become one flesh, whether it be by abusing
the contrary part of a grown woman, or Child of either sex, or unripe Jude7.
vessel of a Girle, wherein the naturall use of the woman is left,
which God hath ordained for the propagation of posterity, and Sodo-
miticall filthinesse (tending to the destruction of the race of mankind)
is committed by a kind of Rape, nature being forced, though the will
were inticed, every such person shall be put to death. Or if any man
shall act upon himself, and in the sight of others spill his owne seed,
[24] by example, or counsel, or both, corrupting or tempting || others Sen- 38. ».
to doe the like, which tends to the sin of Sodomy, if it be not one kind
of it ; or shall defile, or corrupt himself and others, by any other kind
of sinfull filthinesse, he shall be punished according to the nature of
the offence ; or if the case considered with the aggravating circum
stances, shall according to the mind of God revealed in bis word
require it, he shall be put to death, as the Court of Magistrates shall
determine* Provided that if in any of the former cases, one of the
parties were forced, and so abused against his or her will, the innocent ^.22.
person (crying out, or in due season complaining) shall not be pun
ished, or if any of the offending parties were under fourteen year old,
when the sin was committed, such person shall onely be severely cor
rected, as the Court of Magistrates considering the age, and other
circumstances, shall judge meet.
If any man married, or single, commit Adultery with a marryed or
espoused wife, the Adulterer and Adulteresse shall surely be put to
death.t Lev. 18. 20. Lev. 20. 10. Deut. 22. 23, 24.
If any person steale a man, or mankind, that person shall surely
be put to death, Exod. 21. 16.
If any person rise up by false witnesse, wittingly and of purpose to
take away any mans life, that person shall be put to death. Deut.
19. 16, 18, 19. ...
If any person shall conspire, and attempt any invasion, msurrection,
or publick Rebellion against this Jurisdiction, or shall endeavour to
surprize, or seize any Plantation, or Town, any For ification Plat
form, or any great Guns, provided for the defence of the Jurisdiction,
or any Plantation therein; or shall treacherously and perfidiously
attain Jt the alteration and subversion of the frame of policy, or funda-
part of Ma^or beginning of June, 1650, there was one executed for adultery.
. ' 73

578 NEW HAVEN COLONT LAWS.
mentall Government laid, and setled for this Jurisdiction, he or they
Rom. .-. 32. shall be put to death. Num. 16. 2 Sam. 18. 2 Sam. 20. Or if
any person shall consent unto any such mischievous practice, or by
the space of foure and twenty houres conceale it, not giving notice
thereof to some Magistrate, if there be any Magistrate in the Planta
tion, or place where he liveth, or if none,- to some Deputy for the
Jurisdiction, or to the Constable of the place, that the publick safety
may be seasonably provided for, he shall be put to death, or severely
punished, as the Court of Magistrates weighing all circumstances
shall determine.
[25] || If any Child, or Children, above sixteen year old, and of com
petent understanding, shall curse, or smite, his, her, or their naturall
father, or mother,. each such Child shall be put to death, Exod. 21. 17.
Levit. 20. 9. Exod. 21. 15. unlesse it be proved, that the Parents
have been very unchristianly negligent in the education of such Child,
or Children, or so provoked them by extream and cruell correction,
or usage, That they have been urged or forced thereunto, to preserve
themselves from death or maiming.
If any man have a stubborn Rebellious Son, of sufficient Age and
understanding, namely sixteen year old, or upward, which will not
obey the voyce of his father, or the voyce of his mother, and that
when they have chastned him, will not hearken unto them, then shall
his father and his mother (being his naturall Parents) lay hold on
him, and bring him to the Magistrates assembled in Court, and testifie
unto them, that their Son is stubborn and rebellious, and will not obey
their voyce and chastisement, but lives in sundry notorious crimes ;
such a Son shall be put to death, Deut. 21. 18, 19, 20, 21.
If any man shall ravish any maid, or single woman, who is above the
age of ten years, committing carnall copulation with her by force,
against her own will, he shall be severely and grievously punished, as
the Court of. Magistrates considering all circumstances shall deter
mine. Caske and Cooper.
Deut. 25. 15. It is Ordered, fyc. That all Cask, whether Pipes Hogsheads, Bar-
Mie. 6. 10. reiS) quarter Cask, or other sorts used in Trade, whether for any
Liquor, Fish, Pork, Beef, or other Commodity put to sale, shall be of
London Assize. And that in each Plantation within this Jurisdic
tion, where Cask is made or used for Trade, the Plantation Court, or
the Constable, with the present or last Deputies for the Generall
Court, where there is no Plantation Court, shall from time to time
appoint some fit person, or persons, to view and gage all such Vessel
or Cask : and such as shall be found of due Assize and made of sound,
and well seasoned stuffe, (and none but such shall be marked with the
Gagers mark) who shall have for his paines eight pence for every
Tun, and proportionably for what he so marketh. And every Cooper
shall have, and set a distinct brand-mark of his own, upon each Cask,
[26] upon || paine of forfeiting after the rate of twenty shillings a
Tun, for what he sells, either without the Gagers mark, or not marked
with his own constant brand mark.

NEW HAVEN COLONT LAWS. 579
Cattell, Corn, Fields, Fences.
To prevent, or remedy much inconvenience, and many differences
which may grow about Fencing, Planting, Sowing, Feeding, and
improving of common fields, inclosed for Corn, or other necessary
use, it is ordered, That every person interessed in any such field shall
from time to time, make and keep his part of the Fence, sufficiently
strong and in constant repaire, according to all Orders in force in
each Plantation, to secure the Corn, and other fruits therein. And
shall not put, cause, or permit any Cattel to be put in, so long as any
Corn, or other fruit shall be growing, or remain upon any part of the
Land so inclosed. Unlesse by some generall expresse agreement of
such as are interessed. And if at any time the owners or occupiers
of any such inclosed Land cannot, or doe not agree, in any part of the
premises, It is Ordered, That upon due and seasonable notice given to
the select men or Towns men, appointed for prudentiall affaires, proper
to their care and trust, by any concerned, and unsatisfied, they shall
appoint a convenient time to hear and order such differences, and settle
a due way of fencing, improving, and preserving such fields, and the
fruits of them. And whosoever shall oppose or transgresse, shall be
liable to all damages proved to grow thereby, and to such further fine
for breach of Order, as the Plantation Court, or Authority there set-
led for such purposes, shall judge meet. But in any Plantation,
where there are yet no such select, or Towns men, the Freemen from
among themselves, shall yearly choose a convenient number to order
such occasions, that peace and righteousnesse may be the better pre
served therein. And these select, or Towns men, shall from year to
year appoint one, two, or more, of the Planters, for all or each com
mon field, belonging to the Plantation where they dwell, to view the
common Fences within their trust and to take due notice of the reall
defects and insufficiency thereof, and shall forthwith acquaint the
owners with the same. And if the said owners or occupiers doe not
at furthest within six working dayes, or sooner if the said select men
see cause, and so appoint, sufficiently repaire, or cause the same to be
[27] repaired, he, or they, shall forthwith upon the || demand of the
appointed Viewer or Viewers (beside other just damages) pay as a
fine to the Plantation, twelve pence for every Rod (if there be a con
siderable quantity of such defective Fence together) or for every single
defect, in such faulty Fence, or the said Viewer or Viewers, taking
due witnesse of the defects, may if it suite their conveniency forth
with repaire or renew them, or cause them to be repaired or renewed,
and shall have double recompence for the same, to be paid (beside
other just damages) by the owners, or occupiers of the said insufficient
Fence, or Fences. And in either case if payment be denyed or
delayed, such Viewer, or Viewers, shall have Warrant from the said
select men, directed to the Marshall, or Constable, to levy the same
forthwith upon the estate of the Delinquent.
And when Lands lye in Common unfenced if One man shall improve
his Land by fencing in severall, and others, one, or more qhall not, he
who shall so improve, shall secure his Land from other mens Cattel
(unruly Cattle excepted) who shall compell no man to make any

580 NEW HAVEN COLONT LAWS.
Fence with him, except he also improve in severall, and where one
man shall improve before his neighbour, and so make the whole
Fence, if his said neighbour shall after improve, he shall then satisfie
for half the others Fence against him, according to the present value,
and shall maintaine the same : And if the said first man shall after lay
open bis said field, or land, then the said Neighbour shall both enjoy
his said half Fence so purchased, and shall have liberty to buy the
other half Fence against his Land, paying according to the present
worth as it shall be rated by two men indifferently chosen. And the
like Order shall be, when any man shall improve Land, against, or
adjoyning to a Town Common. Provided this extend not to house-
lots, in which, if one shall improve, his neighbour or neighbours shall
be compellable to make, and maintaine one half of the Fence between
them, whether he or they improve, or not. Provided also, that no
man shall be liable to damage done in any ground not sufficiently
fenced, and himself not interessed in the defective Fence, or some part
of it, except the damage were done by prohibited or unruly Cattel of
any sort (in which Swine are included) which cannot be restrained by
ordinary Fences, or where any shall unwarrantably put in Cattel, of
what sort, or under what colour or pretence soever, or otherwise will
fully trespasse upon his neighbours ground.
[28] || It is further Ordered, That whatsoever Swine, or greater Cattel
(Horses excepted, which are particularly mentioned hereafter) shall
be found in the Woods, or Commons unmarked, are lyable to Pound
age, and being either Pounded, or otherwise prosecuted and proved,
the Owner shall pay for each Swine unmarked, three shillings and
four pence, of which half the fines to the Pounder, or Prosecutor, and
the rest to the Plantation. And for each of the greater sort of Cattel,
six shillings, whereof half shall be Ordered to the Pounder, or Prose
cutor, and the rest to the Plantation ; but if the owners be not known,
or found, then every such Swine or Beast of a greater kind, to be duly
cryed, that the owner may take notice, claim his interest, and pay the
fine, and charges ; but if yet no owner be found, then after due apprise-
ment by indifferent men chosen by Authority in the place, and the
same recorded by the Secretary, sale to be so far made, that the fine
and charges may be fully paid, and the remainder kept by the Treas
urer, till the owner be knowne, And the rest of such Swine, or Cattel,
- being first marked with a publick Town mark, or brand, with some
distinction from the mark of particular men, to be again turned into
the woods.
Lastly, it is Ordered, That no owner of Cattel, of what kind soever,
after knowledge, or notice given, that any Cattel of his, whether
Horse, other Beast, or Swine, is unruly in respect to fences, shall
suffer any such to goe at Hberty, either in Common, or against Corn
fields, or other impropriate enclosed grounds fenced as aforesaid, but
shall either constantly keep them upon his own ground, within suffi
cient fences, all his own, or put and keep upon each of them, such
shackles and fetters, or yoaks and rings, as may sufficiently from time
to time, restrain and prevent trespasse, or shall pay all damages and
charges, whether in Corne, or other fruits, with hurt in fences, expence

NEW HAVEN COLONT LAWS. 581
of time, and help in catching, Pounding, driving out, and bringing
home, any such unruly Cattel, of what kind soever, with such further
fine for breach of Order, and Court charges, if the Plaintiff be put to
recover it that way, as the Court shall judge meet.
Charges publick.
That publick charges may be defrayed in a ready and just way, it
is Ordered by this Court, and the Authority thereof, That in each
[29] Plantation within this Jurisdiction, the select or Towns || men,*
or some others thereunto deputed, doe yearly the first week of the
third month called May, require, procure, and make a full and just
List of all the male persons within their limits, from sixteen years old,
and upwards ; and a true estimation of all personall and reall estates,
being or reputed to be the estate of all, and every the persons belong
ing to the Plantation, or in their present possession, viz. of Houses,
Lands of all sorts, Meadow and upland, as well unbroken up, as other
(except such as doth and shall lye common for free feed of Cattel at all
times to the use of the inhabitants in generall) Mills, Ships, and all
small Vessels, merchantable Goods, Cranes, Wharfs, and all sorts of
Cattel and other estate (houshold stuff, and Goods of that kind, pro
vided and kept for that use, and not for Trade, onely excepted, whether
at Sea, or on shoar, with a due consideration and estimate of the
.advantage men may have by their severall and respective Arts, or
Trades. Which List, and particular account, of males and estates in
reference to Rates, shall by the Deputies chosen by each Plantation,
and sent to assist at the Generall Court, be presented yearly when
they sit, in the latter end of May, under such penalty for default, as
the Court considering the hindrance in the Jurisdiction affaires, shall
see cause to inflict. All which persons and Estates, are to be assessed
aM. rated, by such as are thereunto appointed, for one single rate, as
followeth, viz. Every male person above sixteen years of age (except
Magistrates and Elders of Churches) at twenty pence by the head,
and all estates both reall and personall, at one penny for every twenty
shillings. And that Houses (wherein there is much difference) may
be the more equally rated, according to their worth, it is Ordered,
That the Deputies from the severall Plantations within this Jurisdic
tion now assembled at this Generall Court, doe before their return,
rate two Houses in New-haven, which shal be as patterns for the other
Plantations to rate by. That all Lands, whether Meadow, or upland,
and whether the upland be better, or worse, broken up, or not, (except
it lye common as before) be rated at twenty shillings an Acre, and for
that a considerable part of mens estates in these parts, lyeth in Cattel,
to avoyd many Questions which may grow about their age, it is
Ordered, That all sorts of Cattel from year to year, though any of them
should not be a year old till the last of July, yet in reference to Rates,
[30] be accounted, || and pay as if they were a year old the first of
May. And in like manner for two years old, or elder; and in lieu
* It seems that Townsmen were chosen in New Haven for the first time, November
17, 1651, that the town meetings, " w<* spends the towne much time, may not be so
often." Town Rec. ii. 76.

582 NEW HAVEN COLONT LAWS.
thereof, Cattel though near 3 quarters of a year old the first of May,
shall not be Rated, and Cattel of a year and almost three quarters,
shall be Rated but a year old, and so upward. And it is further
Ordered, That till this Court find some considerable alteration in
prises, every Cow of four year old (the age reckoned as before) or
upward, shall be Rated at five pounds, every Heifer, or Steer, three
year old, reckoned as before, at four pounds; and betwixt two and
three years old, at fifty shillings ; and of one year old, thirty shillings.
Every Ox, and Bull of four year old, or upward, at six pounds ; every
Horse of three year old (after the former account) or more, shall be
valued at ten pounds; every Mare of three year old, or upward, at
twelve pounds; those of two year old, or upward, according to the
former account, whether Horse, or Mares, each of them at five pounds
ten shillings ; and those of three quarters of a year old, or above, till
they come to be a year and three quarters, shall be Rated at three
pounds and ten shillings ; every yew sheep of a year old, or above, at
thirty shillings; every weather sheep, or Ram, of a year old, or above,
at sixteen shillings ; every Goat of a year old, or above, at eight shil
lings; every Swine of a year old, or above, at twenty shillings; every
Asse of a year old, or above at forty shillings. And all Hey, and
Corn in the husbandmans hand, is hereby exempted from Rates,
because all Meadow, Arrable Land, and Cattle, are Rateable as afore
said. And for all such persons, as by the advantage of their Arts and
Trades, are more enabled to bear publick charges, then Common
Labourers and Workmen, as Butchers, Bakers, Victuallers, Smiths,
Carpenters, Taylors, Shoomakers, Joyners, Barbers, Millers, Masons,
with other Artists, such are to be rated for their returns and gaines in
proportion to other men, for the produce of their estates. Provided
that in the Rate by the Poll, such persons as are disabled by sjpk-
nesse, lamenesse, or other infirmity, shall be so long exempted. And
for such Servants and Children, as take not wages, their parents and
Masters shall pay for them ; but such as take wages, shall pay for
themselves. And it is Ordered, That all Rates assessed by this Court,
be duly paid in, to the Jurisdiction Treasurer, at such time, or times,
in such pay, and at such prises, as this Court shall appoint, and under
[31] such || penalties for default, as shall from time to time be Ordered.
And power is hereby given and granted to each Plantation within this
Jurisdiction, to gather all Rates from time to time, from the severall
inhabitants, as they grow due ; and for want, or delay of payment in
an orderly way, to distreyn within their own limits, to prevent further
inconveniences. But that the Jurisdiction suffer not by the neglect
or delay of any Plantation, or Plantations herein, It is further Ordered,
That at any time hereafter, upon the complaint of the Jurisdiction
Treasurer, any Magistrate may send the Marshall alone, or with
others to distreyn the Cattel, Corn, or any other Goods belonging to
any of the Inhabitants within such Plantation, as shall be defective in
the payment of Rates due, for the whole sum behind and unpaid, with
addition of all penalties incurred, and due charges for the Marshall,
and others imployed in seizing, and bringing away such distresse, every
inhabitant in such case, having liberty to require, and recover, his

NEW HAVEN COLONT LAWS. 583
damage, from the Plantation, or Officers, there intrusted for Civil
affaires, according to Justice. Provided that if any person now, or
hereafter, having taken up a Lot, or Lots in any Plantation, be removed,
or shah withdraw himself, and his moveable estate, or any considerable
part of it, still keeping such Lot, or Lots, in his own possession, or
power, without due improvement, by which means the Plantation
wants his personall service, besides other inconveniences, It is hereby
Ordered, That in such case, every such person shall in all respects,
pay his Rates by Lands only, as was Ordered, and done before Rating
by heads, and estates, but in due proportion to a whole Rate, as then it
was. And if the Plantation find no other means to recover the said
Rates, they may distreyn Houses, or Lands, or both, upon a true
account, that what advantage they shall make, by selling or letting the
same, or any part thereof, over and above what is due for the said
Rates, with just damages, and necessary charges, shall be returned to
the Owner, if he demand the same, within three years.
Childrens Education.
[32] || Whereas too many Parents and Masters, either through an
over tender respect to their own occasions, and businesse, or not duly
considering the good of their Children, and Apprentices, have too
much neglected duty in their Education, while they are young, and
capable of learning, It is Ordered, That the Deputies for the particular
Court, in each Plantation within this Jurisdiction for the time being ;
or where there are no such Deputies, the Constable, or other Officer,
or Officers in publick trust, shall from time to time, have a vigilant eye
over their brethren, and neighbours, within the limits of the said Plan
tation, that all parents and Masters, doe duly endeavour, either by
their own ability and labour, or by improving such Schoolmaster, or
other helps and means, as the Plantation doth afford, or the family
may conveniently provide, that all their Children, and Apprentices as
they grow capable, may through Gods blessing, attain at least so much,
as to be able duly to read the Scriptures, and other good and profita
ble printed Books in the English tongue, being their native language,
and in some competent measure, to understand the main grounds and
principles of Christian Religion necessary to salvation. And to give
a due Answer to such plain and ordinary Questions, as may by the
said Deputies, Officers, or others, be propounded concerning the same.
And where such Deputies or Officers, whether by information or exam
ination, shall find any Parent or Master, one or more negligent, he or
they shall first give warning, and if thereupon due reformation follow,
if the said Parents or Masters shall thenceforth seriously and con
stantly apply themselves to their duty in manner before expressed, the
former neglect may be passed by ; but if not, then the said Deputies,
or other Officer or Officers, shall three months after such warning,
present each such negligent person, or persons, to the next Plantation
Court, where every such Delinquent upon proof, shall be fined ten
shillings to the Plantation, to be levied as other fines. And if in any
Plantation, there be no such Court kept for the present, in such case,
the Constable or other Officer, or Officers, warning such person or per-

Jer.

584 NEW HAVEN COLONT LAWS.
sons, before the Freemen, or so many of them as upon notice shall
[33] meet together, and proving the || neglect after warning, shall
have power to levy the fine as aforesaid : But if in three months after
that, there be no due care taken and continued for the Education of
such Children or Apprentices as aforesaid, the Delinquent (without
any further private warning) shall be proceeded against as before,
but the fine doubled. And lastly, if after the said warning, and fines
paid or levied, the said Deputies, Officer or Officers, shall still find a
continuance of the former negligence, if it be not obstinacy, so that
such Children or Servants may be in danger to grow barbarous, rude
and stubborn, through ignorance, they shall give due and seasonable
notice, that every such Parent and Master be summoned to the next
Court of Magistrates, who are to proceed as they find cause, either to
a greater fine, taking security for due conformity to the scope and
intent of this Law, or may take such Children or Apprentices from
such Parents or Masters, and place them for years, Boyes till they
come to the age of one and twenty, and Girles till they come to the
age of eighteen years, with such others, who shall better educate and
govern them, both for publick conveniency, and for the particular good
of the said children or Apprentices. Conveyances fraudulent.
To prevent or avoyd the mischievous inconveniences which may
grow by fraudulent conveyances, and that every man may the better
know what estate or interest other men may have in any Houses, Lands,
or other Hereditaments which he purposeth to deale in, It is Ordered,
That no Morgage, Bargaine, Sale, Grant or Conveyance, made of
any House or Houses, Lands, Rents, or other Hereditaments, within
this Jurisdiction, where the granter remaines in possession, shall be
hereafter in force, against any other person or persons, then the granter
and his heirs, unlesse the same be acknowledged before some Court
sn.23. or Magistrate within this Jurisdiction, and Recorded as hereafter
1 fi 1 7 1 R *--*w
'32 ' ' expressed. And that no such grant, bargain or sale already made in
lb, 11. way of Morgage, fyc. where the granter remains in possession, shall
be of force against any other but the granter and his heirs, except the
same shall be entred (as here expressed) within one month after the
[34] first publishing of this Order, if the party || concerned be within
this Jurisdiction, or else within three months after he shall return.
And if any .such Granter be required of the Grantee, his Heirs or
Assigns, to make an acknowledgement accordingly, of any grant, sale,
bargain, or morgage, by him made, and shall refuse so to doe, it shall
be in the power of any Court or Magistrate, to send for the party so
refusing, and upon evidence of his injuriousnesse therein, to commit
him to Prison, without Baile or mainprize, untill he shall acknowledge
the same. And the Grantee in such case is to enter his cautionwith
the Secretary, or other Officer appointed to Record such Deeds, and
this shall save his interest in the mean time. But if it be doubtfuU
whether it be the deed or grant of the party, he shall be bound with
Sureties to the next Court of Magistrates, and the caution shall remain
good as aforesaid. Lastly, It is Ordered, That in each Plantation,

NEW HAVEN COLONT LAWS. 585
either the Secretary, or some other Officer, be appointed duly to enter
and Kecord, in a Book kept for that purpose, all and every such grants,
-gales, bargaines, morgages of houses, Lands, Rents, and other Hered
itaments, as aforesaid, with all and every such caution, together with
the name of the Granter and Grantee, thing, and Estate granted, with
the date thereof; the Grantee paying six pence to the Secretary or
Officer, for each such Entry or Record.
Cooper, see Caske.
Courts for Strangers.
For the ease and conveniency of Strangers, who sometimes cannot
stay to attend the ordinary Courts of Justice, it is Ordered, That the
Governour, Deputy Governour, or any Magistrate within this Juris
diction, may call a speciall Court, and that in such cases, any three
Magistrates, calling in such of the Deputies for the Plantation Court,
as may be had, shall have power to hear and determine all causes
civil and criminal (triable in Plantation Courts, when two Magistrates
axe called in) which shall arise betwixt such Strangers ; or when any
such stranger or strangers, shall be a party, whether Plaintiff or
Defendant, the Secretary of the place (as in other ordinary trialls)
duly Recording the proceedings, all which shall be at the charge of
the party, or parties, as the Court shall determine; so that neither the
[35] Jurisdiction || nor Plantation be charged by such Courts.
Cursing, see Prophane swearing.
Damages pretended, and Vexatious Suites.
It is Ordered, fyc. That if any person or persons in any suit, shall
falsly pretend great damages or debts, to discredit, trouble, or vex his,
her, or their adversary, the Court upon discovery and proof, shall have
power to set a reasonable fine upon the head of any such offendor ;
and that in all cases, where it appears to the Court, that the Plaintiff
hath willingly and wittingly done wrong to the Defendant, in com
mencing and prosecuting any Action, Suit, Complaint, or Indictment,
in his own name, or in the name of others, be shall beside just dam
ages to the party wronged, be fined forty shillings, or any lesse sum to
the Jurisdiction or Plantation Treasury, as the case may require.
Distresse.
It is Ordered, fyc. That no mans Corn or Hey that is in the field,
or upon the Cart, nor his Garden stuff, nor any thing subject to pres
ent decay, shall be taken in Distresse, or by way of Attachment,
unlesse it be first duly prized, by Order of some Magistrate, or other
Officer; and that he that takes it, first put in due security to satisfie
the worth of it, if it come to any harm, with other damages, according
to the course of Justice. Disturbers of the publick Peace.
It is Ordered, $c. That whosoever shall disturb or undermine the Numb. 16.
peace of this Jurisdiction, or of any of the Plantations, Churches, Fam
ilies, or persons within the same, whether by conspiring, or plotting *g™*£»
with others or by his own tumultuous and offensive carriage, traducing, mandement.
74

586 NEW HAVEN COLONT LAWS.
reproaching, quarrelling, challenging, assaulting, battery, or in any
other way, tending to publick disturbance, in what place soever it be
done, or shall defame any Court of Justice, or any of the Magistrates,
or other Judges of any such Court within this Jurisdiction, in respect
of any Act, or sentence therein passed; every such offender upon due
[36] proof made, either || in the Generall Court,Court of Magistrates,
or particular Court, (if the tryall, and issuing of the case exceed not
their limits) shall be punished by fine, imprisonment, binding to the
peace, op good behaviour, disfranchisement or banishment, according
to the quality and measure of the offence, or disturbance.
Divorce, or a Marriage declared a Nullity.
Desertion, &c.
It is Ordered, fyc. That if any marryed person proved an Adulterer,
or an Adulteresse, shall by flight, or otherwise, so withdraw or keep
out of the Jurisdiction, that the course of Justice (according to the
mind and Law of God here established) cannot proceed to due execu
tion, upon complaint, proof, and prosecution, made by the party con
cerned, and interessed, a separation or Divorce, shall by sentence of
the Court of Magistrates be granted and published, and the innocent
party shalMn such case have liberty to marry again, Mat. 19. 9.
And if any man marrying a woman fit to bear Children, or needing
and requiring conjugall duty, and due benevolence from her husband,
it be found (after convenient forbearance and due tryall) and satisfy-
ingly proved, That the husband, neither at the time of marriage, nor
since, hath been, is, nor by the use of any lawfull means, is like to be
able to perform or afford the same, upon the wives due prosecution,
every such marriage shall by the Court of Magistrates, be declared
voyd, and a nullity, the woman freed from all conjugall relation to that
man, and shall have liberty in due season, if she see cause, to marry
another; but if in any such case, deceipt be charged and proved, that
the man before marriage knew himself unfit for that relation, and duty,
and yet proceeded, sinfully to abuse an Ordinance of God, and in so
high a measure to wrong the woman, such satisfaction shall be made
to the injuried woman, out of the estate of the offendor, and such fine
paid to the Jurisdiction, as the Court of Magistrates shall judge meet.
But if any husband after marriage, and marriage duty performed,
shall by any providence of God be disabled, he falls not under this
Law, nor any penalty therein. And it is further declared, That if
any husband shall without consent, or just cause shewn, willfully desert
[37] his wife, or the wife her husband, || actually and peremptorily
refusing all Matrimoniall society, and shall obstinately persist therein,
after due means have been used to convince and reclaim, the husband
or wife so deserted, may justly seek and expect help and relief, accord
ing to 1 Cor. 7. 15. And the Court upon satisfying evidence thereof,
may not hold the innocent party under bondage.
Dowryes.
It is Ordered, fyc. That every marryed woman (living with her hus
band in this Jurisdiction, or other where absent from him, with his

NEW HAVEN COLONT LAWS. 587
consent, or through his meer default, or inevitable providence, or in .
case of Divorce where she is the innocent party) that shall not before
marriage be estated by way of Joynture (according to Agreement) in
some Housing, Lands, Tenements, Hereditaments, or other means for
tearm of her life, shall immediately after the death of her husband,
have right and interest by way of Dower, in and to one third part of
all such Houses, Lands, Tenements and Hereditaments, as her said
husband was seized of to his own use, either in possession, reversion,
or remainder, within this Jurisdiction, at any time during the mar
riage, to have and enjoy for tearm of her naturall life, according to the
estate of such husband, free, and freely discharged of and from all
Titles, Debts, Rents, Charges, Judgements, Executions, and other
Incumbrances whatsoever, had, made, or suffered by her said husband,
during the said marriage between them, or by any other person claim
ing by, from, or under him, otherwise then by any Act, or consent of
such wife, as this Court shall ratifie, and allow. And if the Heir of
the husband, or other person interessed, shall not within one month
after lawfull demand made, Assign, and set out to such widow, her
just third part with conveniency, or to her satisfaction, according to
the intent of this Law, then upon due complaint, and prosecution either
before the Court of Magistrates, or Plantation Court, as the case may
require, her Dower, or third part, shall be assigned and set forth by
such persons as the Court shall appoint, with due costs and damages.
Provided that this Law shall not extend to any Houses, Lands, Tene
ments, or other Hereditaments, sold or conveyed away by any hus
band bona fide, for valuable consideration before this Law was pub-
[38] lished. And it || is further Ordered, That every such wife, as
before expressed, immediately after the death of her husband, shall
have interest in, and unto, one third part of all such Money, Goods
and Chattels, of what kind soever, whereof her husband shall dye
possessed, (so much as shall be sufficient for the discharge of his
Funerall, and just debts, being first deducted) to be allowed, and set
out to her (as before appointed) for her Dower ; provided alwayes,
that every such widow endowed as aforesaid, shall from time to time,
maintain all such Houses, Fences, Inclosures, with what else shall be
for her life assigned to her of such Estate, for her Dowry, and shall in
all respects leave the same in good and sufficient repaire, neither com
mitting nor suffering any strip, or wast.
Ecclesiasticall Provisions.
FOrasmuch as the word of God, as it is contained in the Holy
Scriptures, is a pure and precious Ught, by God in his free and Esay, 49,23.
rich grace given to his people, to guide and direct them in safe paths 1 Km. 2, 2
to everlasting peace. And for that the Preaching of the same, in a
way of due Exposition and Application, by such as God doth furnish
and send, is through the presence and power of the holy Ghost, the
chief ordinary means appointed of God for Conversion, Edification
and Salvation, It is Ordered, That if any Christian (so called) shall Act^io.
within this Jurisdiction, behave himself contemptuously toward the^te
word Preached, or any Minister thereof, called, and farthfuUy dispens- «p°»"-

588 NEW HAVEN COLONT LAWS.
ing the same in any Congregation, either by interrupting him in his
Preaching, or falsly charging him with errour, to the disparagement
and hindrance of the work of Christ in his hands, every such person
or persons, shall be duly punished, either by the Plantation Court, or
Court of Magistrates, according to the quality and measure of the
offence, that all others may fear to break out into such wickednesse.
And it is further Ordered, That wheresoever the Ministry of the
word is established within this Jurisdiction, according to the Order of
the Gospel, every person according to the mind of God, shall duly
resort and attend thereunto, upon the Lords dayes at least, and also
upon dayes of publick Fasting, or Thanksgiving, Ordered to be gen-
[39] erally kept and observed. And if any person || within this Juris
diction, shall without just and necessary cause, absent or withdraw
from the same, he shall after due means of conviction used, for every
such sinfull miscarriage, forfeit five shillings to the Plantation, to be
levied as other Fines.
It is further Ordered, That all the people of God within this Juris
diction, who are not in a Church way, being Orthodox in judgement,
and not scandalous in life, shall have full liberty to gather themselves
into a Church estate, provided they doe it in a Christian way, with
clue observation of the Rules of Christ, revealed in his word; pro
vided also that this Court doth not, nor hereafter will approve of any
such company of persons, as shall joyn in any pretended way of Church
fellowship, unlesse they shall first in due season, acquaint both the
Magistrates, and the Elders of the Churches within this Colony,
where and when they intend to joyn, and have their approbation
therein. Nor shall any person being a Member of any Church, which r
shall be gathered without such notice given, and approbation had; or
who is not a Member of some Church in New-England, approved by
the Magistrates, and Churches of this Colony, be admitted to the free-
dome of this Jurisdiction.
And that the Ordinances of Christ may be upheld, and comfortable
provision made and continued for a due maintenance of the Ministry
according to the Rule, 1 Cor. 9. 6. to 12. Gal. 6. 6. It is Ordered,
That when, and so oft as there shall be cause, either through the per-
versnesse, or negligence of men, the particular Court in each Planta
tion, or where no Court is held, the Deputies last chosen for the Gen
erall Court with the Constable, or other Officer for preserving peace,
fyc. shall call all the Inhabitants, whether Planters, or Sojourners before
them, and desire every one particularly to set down what proportion
he is willing and able to allow yearly, while God continues his estate,
towards the maintenance of the Ministry there. But if any one, or
more, to the discouragement or hindrance of this work, refuse or delay,
or set down an unmeet proportion in any and every such case, the
particular Court, or Deputies and Constable as aforesaid, shall rate
and assesse every such person, according to his visible estate there,
with due moderation, and in equall proportion with his neighbours.
But if after that, he deny, or delay, or tender unsuitable payment, it
[40] shall be recovered as other just debts. And || it is further
Ordered^That if any man remove from the Plantation where he lived,

NEW HAVEN COLONT LAWS. 589
and leave or suffer his Land there, or any part of it, to lye unim
proved, neither selUng it nor freely surrendring it to the Plantation,
he shall pay one third part of what he paid before, for his movable
estate and Lands also. And in each Plantation where ministers
maintenance is allowed in a free way without Rating, he shall pay
one third part of what other men of the lowest rank, enjoying such
accommodations, doe pay: But if any removing settle near the said
Plantation, and continue still to improve his Land, or such part of it
as seems good to himself, he shall pay two third parts of what he paid
before, when he lived in the Plantation, both for moveable estate, and
Land, or two third parts of what others of like accommodation pay.
Escheates.
It is Ordered, S?c. That where no Heire, or Owner of Houses,
Lands, Tenements, Goods, or Chattels, can be found upon the decease Prom pro
of the late Testator or Proprietor. A true Inventory of every such tnat'Lawhi
Estate, in all the parts, and parcels of it, shall with the first conven-0^'-22!1!
iency be duly taken, and a just apprisement made upon Oath, by fit '
men thereunto appointed by the Magistrate, or such Authority as at
that time is in the Plantation, where the said estate is; and the whole
estate to be seized to the publick Treasury, till the true Heires or
Owners shall make due claime thereto, unto whom the same shall be
restored, upon just and reasonable tearms.
Falsifying, see Forgery.
Fences, see Cattell.
Fines, see Rates.
Fire.
IT is Ordered, fyc. That whosoever shall kindle any fire in Woods,
or Grounds, lying in common, or inclosed, so as the same shall burn bxo. 22, 6.
Fences, Buildings, or cause any other damage, in any season or man
ner, not allowed by the Authority in that Plantation, or on the last
day of the week, or on the Lords day, such person shall pay all dam-
[41] ages, and half so much more, for a fine || to the Plantation, and
if not able to pay, shall be corporally punished, as the Court shall
judge meet. But whosoever shall wittingly and willingly burn, or
destroy any Farm, or other building, Timber hewed, sawn, or riven,
heaps of Wood, Charcoal, Corn, Hey, Straw, Hemp, Flax, or other
Goods, he shall pay double or treble damages, as the Court shall
judge meet; or if not able to make such restitution, he shall be either
sold for a servant till by his labour he may doe it, or be severely pun
ished, as the case may require. Forgery, or Falsifying.
It is Ordered, $c. That if any person shall forge or falsifie any
Deed or Conveyance, Testament, Bond, Bill, Release, Acquittance, It.a „!„„ a
Letter of Attorney, or any Writing to pervert Equity and Justice, he^ony
shall stand on the Pillory three severall Lecture dayes, or other dayes Ninth Com-
of most pubUck resort, as the Plantation Court or Court of Magis- "-a—*
trates (according to the value of the Cause) shall appoint, and shall

590 NEW HAVEN COLONT LAWS.
render double damages to the party wronged; and further, he shall be
disabled to give any Evidence to any Court, or Magistrate in this
Jurisdiction, till upon his Repentance satisfyingly manifested to the
Court of Magistrates, he be by sentence released from it.
Fornication.
It is Ordered, fyc. That if any man shall commit Fornication with
Dout. 22, any single woman, they shall be punished, either by enjoyning mar-
28'5^ riage, or fine, or corporall punishment, any, or all these, as the Court
16, 17.' of Magistrates, or Plantation Court duly considering the case with the
circumstances, shall judge most agreeable to the word of God.
Fraudulent Conveyances,
see Conveyances.
[42] Gaming.
TO prevent much inconvenience which may grow by Gaming, It
is Ordered, That no person, who either as an Inn-keeper, or seller
of strong Liquors, Wine or Beer, entertaines strangers or others, to
lodge, or eat, or drink, shall permit or suffer any to use the Game of
Shuffleboard, or any other Gaming within his house, or limits, under
the Penalty of twenty shillings for every time so offending. And
what ever person or persons shall so play or Game, in any such house,
or place, or in any other Gaming house, where there is a common
resort to such Play, or Gaming, shall forfeit for every such offence
five shillings. And whosoever shall so play, or game for money, or
money-worth, shall further forfeit double the value thereof, one half
to the informer, and the rest to the Plantation, within the limits
whereof he so played or gamed. Heresie.
2 cor. uit. Although no Creature be Lord, or have power over the faith and
Jam. 4, 12. consciences of men, nor may constreyn them to beUeve, or professe,
against their consciences, yet to restreyn, or provide against such as
may bring in dangerous Errours or Heresies, tending to corrupt &
destroy the soules of men, It is Ordered, fyc. That if any Christian
within this Jurisdiction, shall goe about to subvert or destroy the
wiHiV' t'2' Christian faith, or Religion, by broaching, publishing, or maintaining
13,5. ' any dangerous errour, or Heresie, or shall endeavour to draw, or
seduce others thereunto, every such person so offending, and contin
uing obstinate therein, after due means of conviction, shall be fined,
banished, or otherwise severely punished, as the Court of Magistrates
zach 13, duly considering the offence, with the aggravating circumstances, and
' ' danger like to ensue, shall judge meet.
[43] Horses.
Whereas many questions, and sometimes troublesome suites grow
betwixt men, about Horses running together in the Woods unmarked,
It is Ordered, That each Plantation in this Jurisdiction shall have a
marking iron, or flesh-brand, for themselves in particular, to distinguish
the Horses of one Plantation from another ; namely, New-haven an
iron made to set on the impression of an H, as a brand-mark, Milford

NEW HAVEN COLONT LAWS. 591
f.n Mif^ford a G, Stamford an S, Southold an S with an O in
he middle of it Bramford a T. Which Plantation brand-mark, is
to be visibly and as sufficiently as may be, set upon the near buttock
of each Horse Mare, and Colt, belonging to that Plantation. Beside
which, every Owner is to have, and mark his Horse or Horses with
his own particular flesh-brand having some Letter, or Letters of his
name, or such distinguishing mark, that one mans Horses may be
known from anothers. And that in each Plantation there be an Offi
cer appointed, to Record each particular mans mark, and to see each
particular mans Horse, Mare, and Colt, branded, and to take notice,
and record the age of each of them, as near as he can, with the
colour, and all observable marks, whether naturall or artificiaU; and
what artificiaU marks it had before, the branding, whether on the ear,
or elswhere, with the year and day of the month when branded. And
in each Plantation, the Officer for his care and pains, to have six pence
of the owner, for each Horse, Mare, or Colt, so branded and Recorded.
And that after the publishing hereof, every one who hath any Horse,
or Horses, of what age or kind soever, doe duely attend this Order, at
his perill ; the Officer also is to require as satisfying evidence of his
right, who presents any such Horse, $c. as may be had, or to Record
any defect of due Evidence, that a way may be open to other claimes.
Impost upon Wines, and strong Liquors.
FOr the better support of the Government of this Jurisdiction,
Sfc. That every Person, Merchant, Seaman, or other, who shall Rom. 13, 7
bring any Wine into any Harbour, or place within this Colony
[44] || (except it come directly from England, or out of some other
Harbour within this Jurisdiction, where they have already paid Cus
tome, and that certified by the Officer who received it, before he or
they Land or dispose any of it, more or lesse) shall first make entry
of so many Buts, Pipes, or other Vessels, as he, they, or any of them
shall put, take on shore, or any way dispose, by a note in writing,
delivered to the Jurisdiction Treasurer at his house, or to some other
Officer, appointed by each Plantation, who is to be upon his Oath for
the said service, under the penalty of forfeiture and confiscation of all
such Wines as contrary to this Order, are or shall be landed or sold
before such Entry made, wheresoever found, or some lesse penalty, as
the Court shall judge meet, upon proof that the errour was committed
through ignorance. And the first buyer, under the same penalty,
shall see the same be done, the one half to the Jurisdiction, and the
other half to him that informs, and prosecutes in the case. And the
Merchant, or Owner of such Wines of any kind, as soon as he imports,
Lands, and sells them, or any of them, shall deliver and pay to the
said Treasurer, or Officer, for every But or Pipe of Fiall wines, or
any other wines of those Islands, five shillings ; for every Pipe of
Madary wines, six shillings and eight pence ; for every But or Pipe
of Sherris Sack, Maligo, or Canary wines, ten shillings ; for Bastards
Tents, and Alligants, ten shillings : And proportionably for greater or
lesser Vessels of each kind. And for every Hogshead of French
wines, two shillings and six pence, and proportionably for greater or

592 NEW HAVEN COLONT LAWS.
lesser Vessels. And upon proof that any the forementioned wines,
have been imported or landed, without such entry and payment, if
neither the seller nor wine can be found, then double the value of the
said Customes, by this Order due to the Jurisdiction, are to be recov
ered by way of Action, as other debts, of the first buyer of the said
wines, if it will not be paid otherwise.
And it is further Ordered, that whosoever shall bring any strong
Uquor, of what kind soever, into any Harbour or other part of this
Colony (unlesse directly out of England, or out of some other part of
this Jurisdiction, where Custome hath been paid, and certified, as in
the case of wines) before he or they land or dispose of any of it, more
or lesse, shaU first make a true and fuU entry, of the quantity he shall
[45] so import, or cause to be imported || or landed, by a note in
writing delivered to the Jurisdiction Treasurer at his house, or to
some other Officer, as in the case of wines, under the like penalty of
forfeiture, with mitigation if the case require it, as there, the one half
to the Jurisdiction, the other half to him that informs and prosecutes.
And the owner, or importer of any such strong liquor, as soon as he
lands, imports, and sells it, or any part of it, shall deliver and pay to
the said Treasurer, or Officer, for every Anchor containing ten Gal
lons, six shillings and eight pence, and so for greater or lesser quanti
ties, namely after the rate of eight pence a Gallon. And the first
buyer shall under the same penalty, see that such entry and payment
be duly made. And that whosoever within this Colony, shall at any
time for sale or merchandize, distill any sort of strong liquor, he or she
shall within eight dayes after the same is distilled, and so ready for
use, or sale, give in a like true note in writing, of the full quantity so
distilled, to the Treasurer, or other Officer, under the like penalty,
and shall within three months after, duly pay, or cause to be paid to
the said Treasurer, or Officer, after the rate of eight pence a Gallon,
for the full quantity so distilled, and upon proof, that any such strong
liquor hath been distilled and sold without such entry and payment,
the value thereof shall be forfeited to the Jurisdiction, unlesse cause of
mitigation appear, as in the Wines. And that no person at any time
retaile any sort of strong liquor within this Jurisdiction, without
expresse. license from the Authority of the Plantation, within the
limits whereof he so sells, wherein the selling of lesse then three Gal
lons at a time, is to be accounted retaile, and that due moderation be
attended in prises, when it is so retailed. But that none of any sort,
be at any time sold, above three shillings and six pence a wine quart.
Lastly, it is Ordered, That if any distilling such strong liquor, within
this Colony, shall by way of Trade or Merchandize, after he hath paid
such Custome, ship and send forth out of this Jurisdiction, any quan
tity of the same, he shall for so much, have the said Custome repayed,
by the Treasurer, or Officer who recieved it.
[46] Imprisonment.
It is Ordered, That no mans person shall be imprisoned either for
Fine, or Debt, to the Jurisdiction or Plantation, or particular person,
if any competent means of satisfaction from his estate, doe otherwise

NEW HAVEN COLONT LAWS. 593
appear; but if no such estate be known, nor can presently be found,
or if contempt or other proud and offensive behaviour against the
Court, or any Authority here setled, be mingled with his cause, he
may be imprisoned, and kept in prison at his own charge, if he be Ezra, 7,
able, till satisfaction be made, or till the Court which committed him,
or some superiour Court, see cause to release him. Provided never-
thelesse, That no mans person shall be kept in prison for debt, at the
will of the Creditor, but when there appears some estate which he
will not produce, in which case, any Court, or Commissioners Author
ized by the GeneraU Court, may administer an Oath to the party, or
any others, suspected to be employed, or privy to the conveying
away, or concealing of such estate, or some of it ; but if any such per
son or persons, in such case, being so required, shall refuse to discover
the truth by Oath, he shall be liable to such fine, as the Court duly
weighing the case shall judge meet ; but if no estate can'be found, to
pay or satisfie such just debt, or debts, every such debtor shall satisfie
by service, if the Creditor, or Creditors require it, for such time, as
the Court considering the debt, shall with due moderation judge meet ;
but shall not be sold to any out of the United English Colonyes, if the
debt grow by any ordinary way of borrowing, contract, or other
engagement, and not by sinfull and heynous miscarriages, which dis
turb the publick peace, which the Court to whose cognizance such
cases are proper, wiU duly weigh and consider.
[49] Incest.
It is Ordered, Sfc. That if any persons shall commit Incest, which is,
when being near of kin, within the degrees by God forbidden, they
wickedly defile themselves one with another, they shall be put to
death. Levit. 20. 11, 12, 14, 17, 19, 20, 21.
Indians.
It is Ordered, fyc. That no Planter, Inhabitant, or Sojourner within
this Jurisdiction, shah directly, or indirectly for himself, or any other,
purchase, or truck any Plantation, or land, upland, or Meadow more
or less, of any Indian, Indians, or others from them, either upon the
Maine between Connecticut River, and Hudsons River, or upon Long
Island, nor shal receive any land by way of gift, or upon any other
tearms, for his or their, or any, either private or publick use, or advan
tage, or as Agent for others who may pretend to begin a Plantation
without express license, either from the Court of Magistrates for this
Jurisdiction, or at least from some one of the Plantation Courts, where
.there is a Magistrate, and Deputies. And in the latter case, the Land
to lye so as neither in point of Title, nor conveniency may concern
any other Plantation, but onely the Plantation so licensing, under the
penalty of losing and forfeiting all the Right and Title purchased, or
obtained in any such Land, with such further punishment for con
tempt as the Court shall judge meet. And if any person or persons
within this Jurisdiction, by what way or means soever be already
justly possest, or interessed of or in any Land within the limits
before mentioned, he or they shal neither directly nor indirectly by
75

594 NEW HAVEN COLONT LAWS.
gift, sale, or upon any other consideration or respect, alienate or return
the right he or they have in the same, or any part of it to the Indians,
or any of them, without license from this Court; and if any Plantation
within this Jurisdiction shal hereafter purchase, or upon any tearms
receive, or obtaine Title or Right to any Land from the Indians, or
others from them, which may concerne, or be convenient to another
Plantation within this Jurisdiction .also ; and so there grow any ques
tion or difference either in reference to the Land, or this Order, it
shall be beard and determined by this Court, that peace may be con
tinued, and the conveniency of each Plantation provided for.
[50] || And the better to suppress or restrain the inconveniences or
mischiefs which may grow by a general and unlimited furnishing of
the Indians with guns, powder, shot, or any other weapons or instru
ments proper or useful in or for war. It is Ordered, That whosoever
of, or within this Jurisdiction, or any part thereof shal directly or
indirectly, by himself or any other, sel, barter, give, lend, lose, or by
any means, or device whatsoever, furnish any Indian or Indians, or
any for them, with any guns smal or great, by what name soever
called, or with any powder, shot, lead, or shot mould, or with any
stocks or locks for guns, or swords, rapiers, daggers, or blades for any
such, or pikes, pike-heads, halberts, arrow-heads, or any other pro
vision or furniture for War of what kind soever, whether fully finished
or not; or what Smith, or other person within or belonging to this
Jurisdiction shal mend any gun, stock, or any thing belonging to it, or
procure it to be done, or any the forementioned, or other weapons or
instruments proper, or used for war, without express written License
from this general Court, or some one or more Deputed by them to
give such License with directions upon what termes, and in what
manner, such a trade with a due respect to aU the Premises shal be
managed, shal forfeit and pay to the Jurisdiction twenty times the
value of what shal be sold, bartered, or any way alienated, mended,
or upon any contrivement or device done contrary to the tenour and
true meaning of this Order, or any part of it, whereof one 4th part
goeth to the Informer, & the rest to the Jurisdiction.
And to the same purpose and end, it is further Ordered, that who
soever shal either directly or indirectly sel, bartar, or cause to be
sold fyc. any guns, powder, shot, lead, or any of the forementioned
instruments or provisions for warr, to any person or persons inhabit
ing out of this Jurisdiction, without license from two Magistrates of
this Jurisdiction under their hands, or where there is but one Magis
trate under his hand, and the hands of two Deputies for the Plantation
Court, shal as a fine for his breach of order and contempt pay five
times the value of what shal be so sold, bartered, fyc.
And it is further Ordered, That the Magistrate or Magistrates who
at any time give any such license under their hands shal keep a true
[51] account in writing of all the particulars, and || quantities, he or
they so license, to whom & upon what grounds that upon any question
this Court may receive satisfaction therein ; and that every such
license be limited, as to the perticular things and quantities ; so to the
time that if the same or any part thereof be not within the limited

NEW HAVEN COLONT LAWS. 595
time sould and delivered, the license for the whole, or such part to be
altogether void, and each sale or delivery after, without a new License
to be adjudged a breach of this Order.
And the better to prevent controversies and disturbance betwixt
the English and Indians in this Jurisdiction; it is Ordered, That who
soever shal upon any occasion, trust, or take pawn or pledge of any
Indian for the securing or payment of any thing sold or lent, he shal
neither after take any thing from him or them by force, for, or toward
satisfaction, nor dispose of any pawn, or pledg so received, though
the time set for redeeming it be enquired, without either consent of
the Indian, or license from the Court, or from the authority setled in
the Plantation where lives.
Indians see further, into the title of Inn-keepers,
Tipling, and Drunkenness.
Indictments.
If any person shall be indicted of, or legally charged with any cap
itall crime (who is not then in durance) and shal withdraw, or refuse
to render his person to some. Magistrate, or Officer for this Jurisdic
tion, within one moneth, after three proclamations publickly made in
the Town, or Plantation where he did formerly usually abide, there Ezra, 7, i
being a fuU moneth betwixt Proclamation and Proclamation; his
lands and goods shall be seized to the use of the Jurisdiction (and
ordered with due respect to his family, as the Court of Magistrates
shal judge meet) till he make his lawful appearance. And such with
drawing of himself shah stand in stead of one witnesse to prove the
crime charged, unlesse he can make it appeare to the Court that he
was necessarily hindered. Inkeepers, Tipling, Drunkenness.
It is Ordered, &c. That no person, or persons, shall at any time
hereafter, under any pretence or colour whatsoever, undertake or
become a common Victualler, keeper of a Cookes shop, or house for
[52] common entertainment, Tavern, or publick || seller of Wine,
Ale, strong Beere, or strong liquor by retaile within this Jurisdiction ;
nor shall any either directly or indirectly, sell any sort of Wine pri-
"Vately in his house, Cellar, &c. or out'of doores, by a lesse quantity,
or under three gallons at a time, without approbation and license of
the Plantation-Court to which he belongeth: or where there is no
such Court, without the license of the Constable, and major part of
the free-men, under the penalty of five pounds, to be paid to the Plarr-
tation for the first miscarriage complained of, and proved ; and ten
pounds for the second miscarriage so proved : And where payment
cannot or wil not be made, imprisonment during the Courts pleasure,
for the first offence, and for the second offence, such further punish
ment as the Court shall order. And that no person so licensed shal
sell any Beere, or Ale, above three pence an Ale quart, under the
penalty of three shillings and four pence for such miscarriage, proved
the first time, and six shillings and eight pence the second time. But

596 NEW HAVEN COLONT LAWS.
it is allowed and ordered, that any man that will may sell Beere or
Ale out of doores, at a peny a quart, "or cheaper.
It is further ordered, That whosoever licensed as before, selleth
any sort of Wine by retaile, that is, by any lesse quantity then three
gallons at a time, he shall pay to the jurisdiction Treasurer over and
above the Custome before mentioned, after the rate of forty shillings
for every But, or pipe so re-taled; and every one, that so selleth by
retale, shal give a true account and notice to the said Treasurer, or
to some other Officer appointed for that purpose in each plantation, of
the true or ful quantity, which he either buyeth or receiveth into his
custody, and that within one week after he is so possessed of it, upon
paine of forfeiting the same, or the value thereof; and shal further
every six months, truly account with the Jurisdictions Treasurer, or
other Officer as aforesaid, for what he hath sold by Re-tale as afore
said, and discharge the same, having due allowance for what be hath
sold by greater parcels, then by this Order is accounted Re-tale ; and
in case of delay, or neglect of payment after demand, the Treasurer or
Officer shal recover it by action as other debts, provided that if any
person shal give in a false account to defraud the Jurisdiction upon
due proof, he shal pay double the value of what he would so have
kept back.
[53] || And it is further ordered, that every person so licensed to
draw and sel strong Beer, Ale, Wine, or strong liquour, do see, and
take care that good order, and all Rules of sobriety be duly attended
in his course, and house, and about the same ; and that he neither see,
nor suffer any to be drunken, or to drink excessively, or to continue
Tipling above the space of an hour, or at unseasonable times ; or after
nine of the clock at night without weighty cause, nor that any Children
or servants without the consent of Parents, or governors be permitted
to sit, or stay there drinking or unnecessarily to spend their time there,
especially at late or unseasonable hours, but that he duly complain to
authority, that all such disorders may be seasonably suppressed, under
the penalty of 5 shiUings for the first offence, with such increase of fine
for a continued slightness or neglect as the Court shal determine.
Provided notwithstanding, That such Ucensed persons may enter
tain strangers, land travellers, Sea-faring men, lodgers, or others for
their necessary occasions, refreshment, or during meales, when they
come from their Journies or Voyages, or when they prepare for their
Journey or Voyage in the night, or next day early, or such may con
tinue in such houses of common entertainment, as their business' and
lawful occasions may require, so that there be no disorder among
them. But every person found drunken, namely so, That he be thereby
for the present bereaved, or disabled in the use of his understanding,
.appearing in his speech, jesture, or carriage in any of the said houses
or elsewhere, shal forfeit for the first time ten shillings ; and for excess
of drinking, or continuing in any such place unnecessarily at unsea
sonable times, or after nine of the clock at night five shillings, and for
continuing tipling there above the space of an hour two shillings six

NEW HAVEN COLONT LAWS. 597
pence for the first offence, and;for the second>ffence in each kind, and
tor all lurtber disorder, quarrelling, or disturbance, whether a first or
second time, such further fine or punishment as the Court shall deter
mine.^ And for that God may be much dishonoured, and many inconven
iences may grow by the Indians disorderly drinking of Wine, strong
Water, and strong Beere, unto which they are much addicted; it is Indians.
[54] Ordered, That no person whatsoever || shall either directly or
indirectly within this Jurisdiction, sel any Wine, strong Water, or
strong Beere to any Indian or Indians, or procure any for them, either
to drink within this Jurisdiction, or upon any pretence to carry away
without special license under the hand of some Magistrate of this
Jurisdiction, or in any plantation where there is no Magistrate, under
the hand of one of the Deputies, or Constable where he lives ; and
that no license so given shal serve, or be of force any longer then for
that one particular time, and for the limited quantity then granted,
under the penalty of five shillings for the first offence, and ten shillings
for the second ; but if any shal offend the third time therein, it is left
to the Plantation Court where the offence is committed to consider
the case, and to inflict such punishment or increase of fine as shal be
meet ; and in any plantation, where at present there is no Court kept,
the Deputies last chosen for the general Court, or Constable, shall
require the forfeitures, and for defect of payment make seizure of so
much out of the Delinquents estate ; but if any person shal offend the
third time, every such person shal by the said Deputies, or Constable,
be bound over to answer it before the next Court of Magistrates.
Laws without penalty.
It is by this Court declared and Ordered, That in all Laws and
Orders formerly, now, or hereafter to be made, where no fine, or pen
alty is expressed and limited, all Transgressours have been, are, and
shall be lyable to such penalties, or punishments as the Court of
Magistrates, or any plantation Court, to which the Cognizance apper
tains, weighing the nature of the offence, with the circumstances shall
judge meet, liberty of Appeales, or Complaints, as in other Cases,
being duly preserved. Leather, and Shoo-makers.
Upon consideration of the damage or injury which many sustaine
by the ill coming of Leather, and by the Shooe-makers ill making it
up into shooes, and boots, It is by this Court Ordered, That in every
Plantation within this Jurisdiction where either Tanner, or Shooe-
maker is imployed in their Trades, one or two Sealers shal be chosen, "
and appointed, as the occasions reqvire, who shal be under Oath,
[55] faithfully (according || to their best ability) to discharge their
trust ; and shal seale no leather, but such as they judg sufficiently
tanned, and fit to be wrought out, and sold in shooes, and boots. And
that every such Plantation shal have two Seales, to distinguish
betwixt good Leather wel and sufficiently tanned, and such, as though
tanned enough, is in some other respect defective, either by over-

598 NEW HAVEN COLONT LAWS.
liming, or for want of being wel wrought upon the beame, or by frost,
or hath received some dammage in drying ; so that though it may
serve for inward or middle soals, yet not for other uses without dam
mage to the buyer, all which Leather so defective, shall be sealed with
a different Seale, that it may be known to be faulty. But that which
is not sufficiently tanned, shal neither be sealed, nor used in bootes, sor
shooes, til it be duly tanned. The chosing and appointing of which
sealer or Sealers, the print or mark, which each Plantation shal set
upon their seals for good, or faulty Leather, with the Rate to be
allowed for sealing, being left to the several Plantations, but no Tan
ner within this Jurisdiction shal upon any pretence, sel, deliver, cause,
or suffer to be delivered, or pass out of his hands, or custody, any
hide, or hides, til being fully dry, they be first sealed by the Officer
or Officers thereunto appointed, under the penalty of forfeiting the
said Leather, or the value of it to the plantation where the offence is
committed. And it is further Ordered, That if any Shooe-maker shal use, or
put any unsealed Leather, either in bootes, or Shooes, or put any of
the forementioned faulty Leather (though sealed as such) in any out
ward soals, or upper Leather, or in any other place, which may be
hurtful to the buyer, or wearer ; or shall use any other way of deceit
in making up his Ware, he shall make due and ful recompence to the
person, or persons wronged, and complaining ; and shal suffer such
further punishment as his offence considered with the circumstances
shal require ; And whosoever shal bring hides from any other place,
and shal sel or use any of them for bootes or shooes within this Juris
diction, before they be sealed by some Officer here, according to the
import of this Order, or shal use them in bootes, or Shooes, contrary
to the intent thereof ; the Hides so sold or used, or the value of them
[56] shal be forfeited to the plantation | where the offence is com
mitted, or such Recompence, or Fine shal be made or paid, (if it grow
only of ignorance) as the case may require ; provided that if both
buyer and seller be faulty, they shal pay the forfeit betwixt them ; but
due tenderness and Respect is to be had of an innocent stranger who
brings, sels, or uses good leather, though for want of meanes to know
the law, it were unsealed. Levies, see Marshall.
Lying.
It is Ordered, That if any person above the age of fourteen years
Joh: 13,4. shal wittingly, and willingly make, and publish any lye, tending to the
Psai. 119, 69. damage, or injury of any particular person, or with intent to deceive
Hosea4.i,2. an(j aDUSe the people, with false newes, or Reports, or which may be
any way pernicious to the publick weale ; and the same complained
of, and duly proved, either before any Court or Magistrate, or where
there is no Magistrate, before the Constable, or other Officer, he call
ing one or two of the Freemen to him, (who are hereby inabled to hear
and determine ordinary offences of this nature, according to the tenour
of this Law) the Offender shal *pay to the Plantation where he is
prosecuted for his lying, as it is a sin against God, for the first offence

NEW HAVEN COLONT LAWS. 599
ten shillings ; and if after such conviction, he offend the second time,
ne snai pay for that second Offence twenty shillings, which Fines, or
penalties shal be severally levied as in other cases. But if any such
person be not able, or utterly refuse to pay the said Fines, or either
ol tnem, he shall in such case be committed to the stocks ; and for the
first offence shal continue there betwixt one and two hours ; for the
second offence betwixt three and four hours. But if he offend the
third time, he shal be publickly whipt for the same ; each person
being notwithstanding left to his liberty, to proceed further by action
of slaunder, defamation, or otherwise, as the case may require. But
the said Court, Magistrate, or other Officer, as before ; finding weighty
aggravations in the case, either in the sin against God, or disturbance,
and damage to the Publick, are to proceed accordingly ; or if need
require may bind the Offender over to the Court of Magistrates.
[57] Magistrates, or other Judges in relation.
To prevent occasions and jealousies of partial and undue proceed
ing in Courts of Justice : It is Ordered, that no Magistrate, or Deputy
shal sit as a Judge, or among the Judges when any cause of his own
is tryed ; and that in every case of civil nature between party, and
party, where there shal fal out so near Relation between any Judg,
and any of the parties, as betwixt Father, and Son, either by nature,
or Marriage, Brother and Brother, Uncle and Nephew, Landlord and
Tennant in matters of considerable valew, wherein any of them
being one of the Judges is concerned ; such Judg though he may be
present at the Tryal, and may propound and hold forth light in the
case, yet he shal neither sit as Judg, nor shal have power to Vote or
pass sentence therein ; and in case the Court without such Magistrate
or Deputy may not proceed, either two magistrates may be caUed in,
or the matter referred to the Court of Magistrates if it be not other
wise to just satisfaction issued. Manslaughter.
It is Ordered, That if any person in the just and necessary defence
of his own life, or the life of another, shal kil any person attempting
to Robb, or murther in the field, High-way, or other place, or to break
into any dwelling house, if he cannot othewise prevent the mischiefe,
or with safety of his own person take the Fellon, or AssaUant, and
bring him to Tryal, he shal be holden blameless.
Marriage.
For the preventing of much inconvenience which may grow by
clandestine and unlawful marriages : It is Ordered, That no persons Ruth 4. 9,
shal be either contracted, or joyned in Marriage before the intention 10> J1,
of the parties proceeding therein, hath been three times published, at
some time of publick Lecture, or Town meeting in the Town, or
Towns where the parties, or either of them dwel, or do ordinarily
reside; or be set up in writing upon some post of their meeting house
door, in publick view, there to stand so as it may be easily read by the
space of fovrteen daies ; and that no man unless he be a Magistrate
in this Jurisdiction, or expresly allowed by the General Court shall

600 NEW HAVEN COLONT LAWS.
Marry any persons, and that in a publick place, if they be able
[58] || to go forth under the penalty of five pounds fine for every such
miscarriage. And the Court considering that much sin hath been committed
against God, and much inconvenience hath growen to some members
of this Jurisdiction by the irregular and disorderly carriage of young
persons of both Sexes, upon purpose or pretence of Marriage, did &
do order, That whosoever within this Jurisdiction shal attempt, or
indeavour to inveagle, or draw the affections of any Maide, or Maide-
servant, whether Daughter, Kinswoman, or in other Relation, for
himself, or for any other person, without the consent of Father, Master,
Guardian, Governor, or such other, who hath the present interest, or
charge, or (in the absence of such) of the nearest Magistrate, whether it
be by speech, writing, message, company-keeping, unnecessary famUiar-
ity, disorderly night meetings, sinful dalliance, gifts, or any other way,
, 5. directly or indirectly, every such person (beside all dammages which
the Parent, Governor, or person intrusted or interessed, may sustain
by such unlawful proceedings) shall pay to the Plantation forty shU-
lings for the first offence ; and for the second offence towards the same
party four pounds ; and for the third offence he shal be further fined,
imprisoned, or corporally punished, as the Plantation Court, or Court
of Magistrates considering all circumstances shal determine.
And whereas some persons men or women do live, or may come to
settle within this Colony, whose Wives, or Husbands are in England
, 7, 5. or elsewhere, by means whereof they are exposed to great temptations,
and some of them live under suspition of uncleanesse, if they do not
fal into lewd and sinful courses. It is therefore Ordered, That all
such persons living within this Jurisdiction, shal by the first opportu
nity, repair to their said Relations, (unless such cause be shewen to
the satisfaction of the Plantation Court, that further Respite and lib
erty be given) under the penalty of paying twenty pounds fine, for
contempt, or neglect herein. Provided that this Order do not extend
to such as are, or shal come over to make way for their Families, or
are in a transient way for traffick, Merchandise, or other just occasions
for some smal time.
[59] Marshall.
That Justice may be the better executed, the Jurisdictions occasions
carried on, And that the Marshal and other Officers may know how
to demean themselves in their places ; It is Ordered, That in case of
7. 26. Rates and Fines to be leavied, and in case of Debts, and executions in
civil actions ; The Officer shall first demand the summ due of the party,
or at his house, or place of usual abode, but upon refusal or non-pay
ment, he shal have power (calling in such assistance as the case may
require) to break up the door of any house, chest, or place where he
shal conceive, or have notice, that any goods liable to such leavy or
execution shal be ; And if he be to take the person, he may do the
like, if upon demand he shal refuse to render himself; And whatever
charges the Officer in any such case shal be put unto, he shal have
power to leavy the same, as he doth the Debt, Assesment, or Fine ;

NEW HAVEN COLONT LAWS. 60l
And in case the Officer be put to leavy any such goods, as cannot
without considerable charge, be conveyed to the place where the
Treasurer, or party dwelleth, who should receive the same, he shal
levy the said charge also, with the rest ; provided it shal not be lawful
for any such Officer, to leavy any mans necessary bedding, Apparel, According tc
Tooles, Armes, or such implements of Houshold stuff, as serve for his^d^'26-
necessity, without express direction from the Court, upon whose sen- by pr'opo'r-
tence, the execution or seizure was grounded, or at least, of some £^24%.
Magistrate of the Jurisdiction, but in such cases he shal leavy his
land or person. And in no case shal the Officer be put to seek out
any mans estate, further then his place of abode ; but if the party wil
not discover his goods, or Lands to a sufficient value, the Officer may
take his person.
And to prevent the inconveniences which may grow by the slight-
ness of some mens spirits, who are apt to neglect and violate whol-
some Orders and Laws, made in the Jurisdiction, or Plantations,
It is Ordered, That whosoever shal be Fined by any Court for
any disorder, or breach of Law, every such person shal forthwith
pay the Fine, or penalty, or put in security speedily to do it, or else
shal be imprisoned, or kept to work, if the Court upon due consid
eration of persons, and circumstances judge it not meet to make other
seizure. [60] Masters, and Servants, fyc.
It is Ordered, $c. That no Servant Male, or Female, or other per
son under Government, shal without license from His, Her, or their
Masters or Governors, either give, sel, or truck any commodity what
soever, during the time of their service, or subjection, under the paine
of such Fine, or corporal punishment, as the Court upon a due con
sideration of the offence, shal judg meet ; And that whosoever shal
receive from, or trade with any Child, Son, or Daughter, under Age,
and under Government, or with any servant, or servants, in a suspi
tious disorderly manner, or shal harbor, or entertaine any such in the
night, or at other unseasonable times, or shal suffer them disorderly to
meet at any place within their power, or to play at Shovel-board, or
other game, or games, to drink, spend mony, or provisions, or shal use
or suffer any offensive, sinful carriage, conference, counsel, or songs,
which in their nature tend to corrupt, all such persons shal be liable
to such Fines, or other punishment, as the Court shal judge meet.
Mayning, wounding, fyc.
If any shal in distempered passion, or otherwise, sinfuUy hurt
wound, or maine another, such person shal be punisht by Fine, with
some valuable Recompence to the party ; and shal pay for the cure,
with losse of time. $c. And when the case requires it, The Court of
Magistrates are duly to consider the mind of God, as it is revealed,
Exod: 21. 18, to the 28. Levit: 24. 19, 20.
Military affairs.
For as much as the well managing of the Militia, is under God, in
aU places, of great import, and concernment, for publick peace, and
76

602 NEW HAVEN COLONT LAWS. •
safety : It is Ordered, That (beside a general stock of guns, powder,
shot, match, fyc. provided and kept in store by each plantation in this
Jurisdiction, according to former agreements of the Commissioners for
the united Colonies, and Orders of this Court, which they are hereby
[61] required to || keep continually ful, and in a constant readiness for
service, upon all occasions, and by their Deputies 'to make a true cer
tificate thereof yearly to the General Court) every Male within this
Jurisdiction, from sixteen, to sixty years of Age, (not freed by publick
allowance) shal be, and from time to time continue wel furnished with
arms, and all other suitable provision ; namely a good serviceable gun,
such as shal be ordered by the Court, and allowed by the Military
Officers, to be kept in a constant fitness in all Respects for service, with
a fit, and sufficient Rest, a good sword, bandaleers, or home, a worme,
a scourer, a priming wire, shot bagg, charger, and whatsoever else is
necessary for such service, with a pound of good powder, four pounds
of pistol buUets, or four and twenty bullets fitted for the gun, four
Faddom of serviceable match, for a match-lock gun, five or six good
flints fitted for every firelock gunn, under the penalty of ten shillings
for any defect ; and the military officers are hereby required to give
or send in an account yearly in May, from each Plantation, to the
general Court, or Court of Magistrates, how the Inhabitants are fur
nished, and provided.
That in each Plantation within this Jurisdiction, according to the
number of Soldiers, in their Trained band, and as they are furnished
with able men for such a service, and trust, military Officers as need
requireth, shal from time to time be chosen. And all the Freemen
in each Plantation, shal have their Vote, in the nomination, and
choice of them ; Provided that none but Freemen be chosen. And
that every Captaine, and chiefe Officer, chosen in any of the Planta
tions, for the military affaires, shal from time to time be propounded
to the next General Court, after he is chosen for approbation, and con
firmation. And if the said Court, have any just Exception, against
any so propounded, The Freemen shall proceed to a new choice, That
the Jurisdiction may be furnished with such Officers, as in whom they
may satisfyingly confide.
[62] || That in each Plantation, the Captain, or chief military Officer
shal once in each quarter of a year at least, but oftner if there be
cause, order, or take a strict view, how every Male, from sixteen to
sixty years of Age, is furnished with arms, and provisions, according
to the former directions, and where any are found faulty, the Clark or
some other Officer shal duly present their names, with each defect to
the next plantation Court, or to such Officer (where there is no Court)
who hath a trust in civil affairs, that the Fines and penalties may from
time to time be duly leavied. And if this view of arms, Sfc. shal at
any time he neglected, or the defects not duly presented; the Captain
or chief military Officer, or the other Officers ordered to take this
view, or the Clark, or Officer appointed to present, SfC. shal pay forty
shillings each quarter, when this service, or any part of it, is omitted,
as the fault upon examination shal joyntly or severaUy be justly
charged.

NEW HAVEN COLONT LAWS. 603
There shal be in each Plantation within this Jurisdiction, every Qen: u. 14.
year at least six Training daies, or daies of publick military exercise 2 0hro:i2.
to teach and instruct all the Males, above sixteen years of age, (who „ !?• „
are not freed from that service) in the comly handling, and ready use 18
ot their arms, in all postures of war, to understand and attend all words 2 Sam: 1. 18.
of command; And further, to fit all such as are in some measure
instructed for all military service, against there be occasion, under
the penalty of forty shiUings, to be leavied of the military Officers, as
the Court upon examination shal find them more or lesse faulty, and
with Respect to their places, the greater Trust paying the greater Fine
for neglect; which dayes of Training shall be some of them in the
Spring of the year, before harvest, and some in the latter end of the
summer, before winter, as may best suit each Plantation, but at no
time any two of these traynings shal be within fourteen dayes one of
another. And it is further Ordered, That on every such Training
day, the Captain, or chief Military Officer present, cause the Names
of all the Soldiers to be read, at least in the forenoone, but in the
afternoon also if he see cause. And whosoever in any Training day,
shal be totally absent, shall pay five shillings for every such default,
whosoever shal at any time of the day withdraw himself from the ser-
[63] vice, without leave from the chief Military || Officer present, he
shal pay either as for total absence, or a greater or lesse Fine, as the
offence considered in all circumstances may require; And whosoever
shal come late, shal pay for each such default one shilling ; and for
any other disorderly offensive carriage, according to the nature and
measure of it. This Court expecting from each Plantation, that they
suffer not men to neglect, or grow slight in a service of such import.
That a fourth part of the Trained band in every Plantation shal in
their course, as the military Officers shal order, come constantly to the
pubUck worships of God every Lords day ; And (such as can come) on
Lecture dayes, to be at the meeting-house, at latest, before the second
Drum hath left beating, with their arms compleat, their guns ready
charged, their match for their match-locks, and flints ready fitted to
their fire-lock guns, with Shott and powder for at least five Shot,
beside the charge in their guns, under the -penalty of two Shillings
Fine, for every person negligent, or defective in Furniture, and for
late coming one Shilling, The sentinal also, and they that walk the
Round shal have their matches lighted, during the time of their meet
ing, if they use their matchlocks, and shal diligently and Faithfully
attend their duty under such further penalty as the breach of such a
trust may require.
That a strict watch be constantly kept in the night, in all the Plan
tations within this Jurisdiction, according to all such Orders, as shal ®fee™^e
from time to time be made, either by the General Court, or by Planta- end.
tion Courts, or Officers intrusted for Civil affairs, where there is no
Court; And that both for number of Watchmen, in each plantation,
the time of setting or beginning the Watch every night, their rising,
and leaving it in the morning, and all other carriage, and duties in
managing this trust; they duly attend and observe all directions given.
And it is left to the care and consideration of the Governor, Magis-

604 NEW HAVEN COLONT LAWS.
trates, Officers, or any of them, as the case may require, to double, or
further to increase the watch by night, in times of danger, and to
appoint some competent number of men to ward or walk by day, with
their armes, in, or about the plantation, as may best tend to the pub
lick safety ; And if any watchman, or Warder do at any time neglect
[64] his duty, either in coming || too late to the service, or departing
too soon from it, not coming compleatly furnished with Arms, accord
ing to order, or any other way neglecting duty, or falsifying his trust,
he shal pay such Fine, or receive such punishment as his neglect or
unfaithfulnesse deserves, that both himselfe may be warned, and others
may feare to be slight, or false in a matter of such concernment.
But upon consideration of publick service, and other due respects,
It is ordered, That all Magistrates within this Jurisdiction, and teach
ing Elders, shal at all times hereafter, be freed, not onely in their per
sons, but each of them, shal have one son, or servant by vertue of his
place or office, freed from all watching, warding, & training. And it
is further ordered, That all rubng Elders, Deputies for Courts
intrusted for Judicature, all the chief Military Officers, as Captains,
Liefteants, and Ensignes, the Jurisdiction Treasurer, Deacons and all
Physitians, Schoolmasters & Surgeons allowed by authority in any
of these Plantations, all Masters of ships and other vessels, above 15
tun, all publick Millers, constantly imployed, with others for the pres
ent discharged for personal weakness & infirmity, shal in their own
persons, in time of peace and safety, be freed from the said services ;
And that all other Seamen and ship Carpenters, and such as hold
Farms, above two miles from any of the Plantations, train onely twice
a yeare, at such times as shal be ordered, either by the authority, or
by the Military Officers of the Plantation. But all persons freed and
exempted from the respective services, as before, shall yet in all
respects, provide, keep, and maintain in a constant readinesse, com-
pleat Arms, and all other military provisions as other men, Magis
trates and teaching Elders excepted, who yet shal be constantly fur
nished for all such sons and servants as are hereby freed from the
forementioned services.
Ministers maintenance, see Ecclesiastical provisions.
Oppression.
Jej'er ' 22 is ^° Prevent> or suppress much sin against God, and much damage
16, 17. ' to men, which doth, and may grow by such as take liberty to oppress,
Ezek: 22. 29. and wrong others, by taking excessive wages for work, or unreason-
Hosea 12. 7. aDie prises for commodities : It is Ordered, That if any shal offend in
[65] either of the said cases, upon complaint || and proof, every such
person shal be punished by Fine, or imprisonment, according to the
quality and measure of the offence, as the Court shal judge meet.
Plantations.
Whereas the Freemen of every Town, or plantation, within this
Jurisdiction, have in sundry particulars liberty to make Orders among
themselves, as about Fencing their Land, ordering or keeping their
Cattel, or Swine, Sfc. as may best suite with their own conveniency ;

NEW HAVEN COLONT LAWS. 605
It is by this Court Ordered, That if any greater cattel, of what sort
soever, or Swine, belonging to one Plantation, be found either
unmarked, or proved to have done Trespass, or both, within the limits
of another plantation ; The damage being duly Rated, the Owners of
such Cattel, or Swine, shal from time to time, pay all Fines and
damages, according to the just agreements, and Orders, made by the
Plantation, where the Trespass is done ; provided that the Orders be
such, and no other, then what they make, and execute upon them
selves, in like cases. Pound, Pound breach.
For prevention, or due recompence of damages in Corne-fields, or
other places done by cattel, or swine ; It is Ordered, That there shal
be one sufficient pound, or more, made, and maintained in every Plan
tation within this Jurisdiction, for the impounding of such Cattel, or
Swine, as shal be found in any corne-field, other inclosure, or place
prohibited, til it may appear, where the fault, and damage ought to be
charged. And who so impounds any cattel, or swine, shal give pres
ent notice to the owner, if he be known, otherwise they shal be cryed
at the two next Lectures, or most publick meetings, but if yet the
owner be not found ; Then fine, and damages to be recovered, as in
the Order about cattel, tye. And if any of them escape out of the
pound; The owners, if known, shal pay all just damages and charges.
But if any person, or persons, shal resist, or Rescue any cattel or
swine going, or driven toward the pound, or shal by any way, or
meanes, get, or convey any such out of the pound, without due order
from lawful authority, setled by this court, he or they, shal pay for
such Rescue, or disorder, forty shillings, and in case of pound breach
[66] five pounds, beside just damages || to the party wronged. And
if in the Rescue, any bodily harme be done to any person, he, or they,
may have remedy from the Rescuer, or Rescuers ; And if any such
miscarriage be committed by any not able, or refusing to answer the
forfeiture & damage, every such person shal sustain such bodily pun
ishment, as the Court shal judge meet, and shal answer aU damage to
the party by service, if estate cannot be found, as in the case of other
just debts ; and if it appear there were any procurer, or abettor of any
the former offences, every such person shal be liable to forfeiture,
dammage, or punishment, as if himselfe had done it.
Prophanation of the Lords Day.
Whosoever shal prophane the Lords day, or any part of it, either
by sinful servile work, or by unlawful sport, Recreation, or otherwise,
whether wilfully, or in a careless neglect, shal be duly punished by
fine, imprisonment, or corporally according to the nature, and measure
of the sinn, and offence. But if the Court upon examination, by
clear, and satisfying evidence find That the sin was proudly, presump
tuously, & with a high hand committed against the known command
and authority of the blessed God, such a person therein despising and
reproaching the Lord, shal be put to death, That all others may feare
and shun such provoking RebeUious courses; Numb. 15. from 30 to do
Verse.

606 NEW HAVEN COLONT LAWS.
Prophane swearing, or cursing.
If any person within this Jurisdiction, shal swear rashly and vainly,
Against the e;ther by the holy name of God, or any other Oath, or shal from dis-
mandement, tempered passion, or otherwise curse another, he shal forfeit to the
Ps:i09. 17, plantation where he so offends, for the first offence, 10*. And if
Jer: 28. 10. after such conviction, he offend the 2d time, he shal pay for that 2.
Hos: 4. t, 2. offence 20 s. & it shal be in the power of any Magistrate alone, or
where there is no Magistrate, of any constable, or Deputy of a partic
ular court, calling into him one or two of the Freemen, to warne, or
cal such a person before him, and upon sufficient proof, to pass sen
tence, and leavy the said penalties, according to the usual order of
Justice in this Jurisdiction. But if any such person be not able, or
utterly refuse to pay the forementioned fines, or any of them, he shal
in such case, be committed to the stocks, and for the first offence,
[67] || shal continue there, betwixt one and two hours ; For the second
offence, betwixt three and four hours. But if the said person, not
withstanding such former proceedings, shal offend the third time, by
such swearing, or cursing, he shal be whipped, for his incorrigible
prophaneness. But if swearing and cursing go both together, or be
-accompanied with other sinful aggravations, such miscarriages shal be
punished with a higher Fine, or corporally with due severity, as the
Court shal judge meet. Rates, Fines fyc.
Whereas much inconvenience may arise by the neglect of Officers in
collecting, and seasonably paying in, all such Rates, Fines, and Debts,
as from time to time, grow due to the Jurisdiction Treasury; It is
Ordered, That in each plantation, where the Officer, or Collector, doth
not at the time appointed for the payment of all such Rates, and fines,
or at furthest within one moneth after (though his Office within, or
after that month, be expired. ) And that by distress, whereunto he is
hereby inabled, when a milder course wil not serve, gather, and
receive them, in some such pay, as this court hath appointed, and
presently without delay, pay them in, a£ each plantation hath, or shal
Order. That the Jurisdiction Treasurer may be duly furnished for
the publick occasions. That then the particuler Court, or Constable,
in each such plantation, cause the said Rates, and Fines to be leavied
by distress, out of the proper estate of such remiss collector, or officer,
to prevent further inconvenience, and disturbance to the plantation.
But if any such officer, or collector, be removed out of the Jurisdiction,
or if any of the planters be dead, removed, or grown insolvent, or if by
any other meanes, The ful payment of the Rates, and fines be hindred,
The present Authority in any such plantation by a due assessement,
are to leavy, and gather the same, of the present planters, and without
delay, to pay it in to the Jurisdiction Treasurer; otherwise the cattel,
or other goods, of any planter, or planters, are to be seized by the
Marshal, or other officer, with, or without assistants, as in the Law for
publick charges is exprest.

NEW HAVEN COLONT LAWS. 607
t68] Records.
It is Ordered, ThaFall Parents, Masters, House-keepers, and
others, who have either children, servants, sojourners, or lodgers in the
house, or dwelling with them, shal bring in to the Secretary of the
Plantation, where he lives, or to such other Officer in each plantation,
as shal be thereunto appointed, the names of such persons belonging,
or any way referring to them, or any of them, as shal either be born,
or dye, with the respective time of each such birth, or death. And
also that every new married man (if married within this Jurisdiction)
shal bring in the certificate thereof; under the hand of the Magistrate
or Officer that married him, with the time when, to be recorded first
by the Officer of the Plantation, where he was married ; but if mar
ried in another Jurisdiction, though at present or after he come to be
an Inhabitant in this, then to record the marriage where he Uveth ;
and to pay for every Record, whether birth, death, or marriage, three
pence, whereof two pence for each such Record, shal be to the Officer in
each Plantation, who shal both Record in the Plantation book,& yearly
deliver or send a transcript of every birth, death, or marriage, with a
peny for each, to the Secretary for the general Court : And what per
son soever (to whom it doth belong) shal neglect to bring in a note, or
certificate, as aforesaid, together with three pence for each Record, to
the said plantation-officer, more fjben one month, after each birth,
death, or marriage, he shal pay for each six pence to the said Officer;
if he neglect two months, be shall pay twelve pence; if three moneths,
five shillings, which Forfeits shal go, two third parts to the Plantation-
officer, the rest to the Jurisdiction-officer. And if the Plantation-
officer shal either neglect to Record, or to deliver over the transcripts,
as before ; or if the Secretary for the general Court, shal neglect to
record them, each Officer for every such neglect shal pay to the Juris
diction-Treasurer ten shillings.
It is further ordered and declared, That every man shal have Uberty
to record in the publick Register of any Court, any testimony given
upon Oath, in the same Court, or before two Magistrates, or any Deed,
or Evidence, legaUy confirmed, there to remain in perpetuam rei
memoriam; and that every inhabitant in this Jurisdiction, shal have
[69] free liberty to search, and view || any such pubbck Records or
' Registers, & to have a copie thereof, written, examined, & signed
by the Secretary, or officer of the said Court, paying the due charge or
fees therfore. Also every trial betwixt party and party, & proceed
ings against Delinquents in criminal causes, shal be briefly and dis
tinctly recorded, the better to prevent after mistakes, and other incon
veniences. Replevin.
| It is Ordered and declared, That every man shal have liberty to
[ Replevy his cattel, or goods, impounded, distreined, or seized, unless
it be upon execution after Judgment, or for payment of Rates or Fines;
' provided he put in good security to prosecute the Replevin, and to
satisfie such damage and charge, as his adversary shal recover against
him in Law.

608 NEW HAVEN COLONT LAWS.
Sabbath, see prophanation of the Lords day.
Seamen, fyc.
It is Ordered, That if any Seaman, Marriner, Master of ship or
Vessel, or other person, shal receive into any ship, pinnace, Bote,
Cannooe, or other Vessel by what name soever caUed, and shal carry
away, or suffer to take, or have passage, out of any harbor, or planta
tion, within this Jurisdiction, any child, servant, or other person,
whether Male, or Female, whom he knoweth to stand in relation, or
under the charge and government of another, and so not at his, or her
own present dispose, or any Debtor, DeUnquent, or Offender, whom
he knoweth ; or hath heard to be under, or liable to any ingagement,
censure, or punishment, to, or from any particular person, or the
authority of this Jurisdiction, or any plantation therein without express,
and written license, from some Magistrate, dwelling in that plantation,
or from the Constable, or Deputies intrusted for civil affairs, where
there is no Magistrate, or at least from* the master, or governor of the
Family, who hath the trust or power, where there is no other ingage
ment or guUt. He shal be liable (if known and apprehended in any
part of this Jurisdiction) to satisfie, and pay all such debts and ingage-
ments as any such person oweth, or ought to satisfie, and to pay such
damage or fine to the person or persons wronged, or to the Plantation,
or Jurisdiction, as the Court considering the case, with the circum
stances, shal judge meet.
[70] Sentences of Judgement.
It is Ordered, That all sentences of Judgement, upon criminal
causes, shal be executed upon the Offenders, in the presence of the
Magistrates, or one of them at least; Deut. 25. 2. of some other officer
in the absence of the Magistrate. Servants see Masters.
Shoomakers see Leather.
Single Persons.
To prevent, or suppress inconvenience, and disorder in the course
and carriage of sundry single persons, who live not in service, nor in
any Family Relation, answering the mind of God in the fift Com-
mandement. It is Ordered, That no single person of either Sex, do
henceforward board, diet, or Sojourn, or be permitted so to do, or to
have lodging ; or bouse room within any of the Plantations of this
Jurisdiction, but either in some allowed Relation, or in some approved
Family licensed thereunto, by the court, or by a Magistrate, or some
Officer, or Officers in that Plantation, appointed thereunto, where there
is no Magistrate ; The Governor of which Family, so licensed, shal as
he may conveniently, duly observe the course, carriage, and behaviour,
of every such single person, whether he, or she walk diUgently in a
constant lawful imployment, attending both Family duties, and the
publick worship of God, and keeping good order day and night, or
otherwise. And shal then complaine of any such disorder, That every
such single person may be questioned, and punished, if the case require
it. And if any single person shal dyet, or lodge, or if any house-

New haven colont laws. 609
iSKSoa5mit' M' e°tertai?e an? such> contrary to the true mean-
colnlain of A™ a ^l ^^ t0 r6Ceive such- «hal neSlect *»
nav such finJ I trrder .°bSerVe<l' a11' and evel7 such persons, shal
JuYge meet ' ° ' °r aUth°rity apPointed for the Place' shal
Sojourners, see strangers.
Strayes.
It is Ordered, That whosoever shal take up, or detain any stray
beast, or swine, or find any lost goods, he shal within six daies, give
notice thereof to the Marshal, cryer, or other officer appointed for such
service, by the plantation to which he belongs, who shal enter, or
cause the same to be entred in a Book ; And take Order, That it be
[71] duly cryed, on their 3 next Lecture || dayes, or upon 3 several
dayes of the Towns most general meeting, which the time wil afford;
And if the value exceed twenty shillings, he shal cause the like publi
cation to be made, at the publick meetings, of the two next Towns,
That the owner may the better hear of, & recover what belongeth to
him. And further, in the case of a stray beast, he shal within one
moneth after such finding, put, and indeavour from time to time, to
keep a with, or wreath about the neck of it ; And within three months
at furthest, (if the Owner in that time appear not) he shal acquaint
the next Magistrate with the stray taken up, or goods found, and his
due proceedings about them, that the same may be apprised by such
indifferent men as the said Magistrate shal nominate, & appoint.
And shal within six dayes after that, cause the apprisemsnt to be duly
Recorded, by the Secretary of the Plantation-Court, or Constable, or
other Officer there intrusted for publick affairs, with the colour, age,
natural or artificial markes, or such other description, as best suits the
stray, or goods, so taken up, or found. And if the owner, of any such
stray appeare within one yeare after such publication, he shal have
Restitution in kind, if with safety, and conveniency it might be so long
kept, paying all just damages, and charges, to the finder, and Officers,
nay if he appear within three years, after the stray was first taken up,
(paying as before) be shal have the ful value (according to the fore-
mentioned apprisement) restored. But if the owner shal be, and
continue so negligent that neither in the first, second, nor third year,
he improve the means prescribed, to assert, and clear his title ; The
said stray, or lost goods, (to prevent contention, and inconvenience
which may after grow) shal be in reference to the first Owner by
sentence of the Plantation-Court lost, and forfeited ; and the ful value,
aU damages, and charges to finder, Officers, or others, being first
deducted (wherein if there be any question, The Court, or some
indifferently chosen if there be no court in that Plantation, shal con
sider and determine) shal be equally divided, one half to the Planta
tion, and the other half to the finder. But if the said finder shal omit,
or neglect bis duty, or any part of it, according to the former direc
tions, he shal pay such damage to the owner, and such fine to the
plantation, as the Court upon consideration of the miscarriage shal
T72] judge meet ; || if he proceed further, to sel, kil, or any way for
77

610 NEW HAVEN COLONT LAWS.
his own advantage dispose, or alienate the property of any such stray,
without attending the said directions, he shal upon proofe, pay double
the value, either to the owner, if he may be found, or to the Plantation
to which the finder belongs ; Provided also that if the owner or other
person, shal injuriously, without order from Authority, or consent of
the finder, take off such with or wreath, or take away such stray (after
such with or wreath, to his knowledg hath been put on) before he have
cleared his interest, and given satisfaction for damages, or charges
expended, he shal forfeit the ful value of the Stray, apprised as before,
to the use of the finder. Strangers, see Courts.
Strangers complaining.
If any stranger, or person of another Nation, complain of injury
received from any within this Jurisdiction; It is Ordered, that due
search and inquiry be made concerning the same, that Justice may
Exod: 22. 21, have a free passage; And that the stranger (if wronged) may receive
23' 9' due satisfaction, either out of the estate of the Offender, or by his cor
poral punishment, as the case may require, and according to Matt:
7. 12.
Strangers, Sojourners, and Servants.
To prevent sundry inconveniences which may grow to this Juris
diction, & the Plantations thereof, by the inconsiderate, & disor
derly receiving & entertaining of strangers, or others, to be Planters,
or Sojourners in any part of this Colony ; It is Ordered, That hence
forward, no person receive, or entertain any man, or Woman, of what
age or quality soever, coming or resorting either from forraign parts,
or from other Jurisdictions, or Plantations, into any Plantation, or
Farme house, or habitation within the bounds, or limits of any Plan
tation within this Jurisdiction, to settle as a planter, or sojorner, nor
sel1, give, nor any way alienate, or pass over, lease, or let any house,
or hous-lot, or any part or parcel of any of them, or any Land, of what
kind or quality soever, nor shal permit any such to stay, or abide above
one moneth, without a License from, and under the hand of some
Magistrate dwelling in that plantation, or without the consent, and
express Order of the major part of the Freemen of such Plantation
[73] where there is no Magistrate, or || without the consent, and order
of the greater part of the Inhabitants, where there is neither Church
nor Freemen, under the penalty of ten pounds to be paid as a Fine
to the Plantation, where this Order is violated. Yet if any such
violation or offence be made, or committed, only by error, or mistake,
and with smal or no inconvenience to the Plantation, or Jurisdiction ;
The fine, or penalty, may be moderated, as the Plantation-Court, or
Court of Magistrates, shal see cause. Provided that this Order is
neither intended, nor reacheth to Travellers, nor such as resort hither
in a way of Merchandise, or trade, nor to the entertainment of Friends,
who in a way of love come only to visit, and walk inoffensively, nor to
servants received, and entertained upon Family Respects. In all
which cases, as every perticuler person considers his own conveniency

NEW HAVEN COLONT LAWS. 611
in receiving & entertaining ; so the Court of Magistrates, or Planta
tion Court wil consider how far they may justly free the Jurisdiction,
or plantation, from inconvenience and charge. But it is by this Court
Ordered, That if any servant fal sick, or any way diseased, or distem
pered, during the time of Service by Covenant or Agreement ; The
Governor of such servant, while that tearm lasteth, shal provide what
is necessary, without putting any burden, or charge upon the Planta
tion, or Jurisdiction : And if such hurt came, or were brought upon
such servant by the cruelty, or miscarriage of the Family governor ;
such Governor shal allow recompence or maintenance, after the time
of Relation is expired, as the Plantation Court shal judge meet. But
if the hurt came by any providence of God, without the default of the
family governor; The Plantation shal dispose, or provide for such
servant, after his, or her time of service is expired, as the case may
require. And to prevent difference or questions which may arise, and grow
within this Jurisdiction : It is agreed, and Ordered, That if any person,
Male, or Femal, elder, or younger, whether with, or without license,
shal hereafter Sojourne, or have constant dwelling, or abode, within
the limits of any Plantation in this Jurisdiction, for and during the
tearm, or time of one whole year, every such person shal to all purposes
(in reference to any plantation within this Jurisdiction, but no fur
ther) be accounted an Inhabitant there, and shal not be sent back, or
returned (unless to some particular person standing, and continuing
[74] || in relation to receive, and provide as the case may require) nor
shal the Jurisdiction, or any other Plantation in it be liable to any
charge, or burden, in reference to any such person, though he, or she,
hath dwelt elsewhere in the Jurisdiction before.
Stripes.
Stripes, or whipping, is a correction fit, and proper in some cases>
where the offence is accompanied with childish, or brutish folly, with
rude filthiness, or with stubborn insolency, with bestly cruelty, or with
idle vagrancy, or for faults of like nature. But when stripes are due :
It is Ordered, That not above forty stripes shal be inflicted at one time;
Deut: 25. 3. Suits Vexatious, see damages pretended.
Swearing, see prophane swearing.
Swine, see Cattel, and see Plantations.
Thefts, see Burglary.
Trespass.
It is Ordered, and Declared, That in any Trespass, or damage
done to any man or men, if it appeare, or can be proved to be done,
by the meer default of him, or them, upon whom the losse, or damage
fids ; it shal be judged no Trespass, nor any Recompence allowed
for it. Watch, see Military afairs.

612 NEW HAVEN COLONT LAWS.
Weights and Measures.
Whereas a considerable part of Righteousnesse, between Buyer, and
Seller, doth consist, in known, certain, and just Weights, and Meas
ures, It is ordered, That in every Plantation, within this Jurisdiction,
there be several Standards, procured, and sealed, that they may be
uniform, and certain; viz. for weights, a set of "Brass weights, to 4
jeut: 25, 13. pounds, with the less weights included, according to the Averdepois
pound, consisting of sixteen ounces, with a good Beam, and Scales, fit
to try them. And so for Corn measures, the Bushel, halfe Bushel,
Peck, and halfe Peck, to be fitted to Winchester measure in England,
and alike in all plantations. And measures for liquid things, as the
Ale quart, Wine quart, Wine pint, fyc: And that there be one Ell,
and one Yard. That all, and each may be according to the use in
London, as is generally practised in these united Colonies. And that
in goods sold by the Ell, or Yard, a Thums breadth be allowed to the
length of each Ell, and Yard. In goods sold by the hundred weight,
[75] That five score and twelve be alowed. || And in all sorts of
Nails sold by the hundred, six score be allowed to the hundred, accord
ing to the course in England. s
And that in each Plantation within this Jurisdiction, some fit man,
or men, be chosen and appointed, under oath to. view, and try all
the forementioned Weights and Measures used in buying and selling,
at least once a year; but oftner if there be cause, and to fit them to
the forementioned Standards, and then to .mark them, with some such
known, and approved mark, and to have such aUowance for the same, as
each Plantation shal order, which Viewers, or Officers, so sworn, shal
in each Plantation yearly, (beside extraordinary Viewers) appoint a
convenient time, and place, to prove, and try, aU such Weights, and
Measures, & shal give publick, or due notice of it, And such weights
or measures, as cannot be brought or conformed to the Standard, shal
be^ ordered, or destroyed, that they be no mor6 used in buying or
selling. Lastly, if any Viewer, or Officer, so chosen, and sworn, do neglect
his Duty and Trust, in any part of the Premises, he shal pay as a
Fine to the Plantation, fourty shillings. If any person within this
Jurisdiction, after such notice given, shal neglect to bring in his
Weights, and Measures, at the time, and to the place appointed, he
shal pay three shillings four pence, for every such default, one halfe
to the viewer, or Officer, and the other half to the Plantation. But if
any person within this Jurisdiction, shal at any time buy, or sel, by
any false or unallowed Weight, or Measure, to the damage of his
neighbour, he shal pay (besides Restitution) such Fine to the Planta
tion, as the Court considering the nature, and measure of the offence,
shal judge meet. Wills, Inventories, and the Estates of such
as dye intestate.
It is ordered, That when any man dyeth possessed of an Estate
within this Jurisdiction, whether it be greater, or lesse, The Secretary
of each Plantation, or some Officer thereunto appointed, shal enquire

NEW HAVEN COLONT LAWS. . 613
and call for the last Wil and Testament of every such person, together
with a true Inventory of all the goods and estate of the deceased,
within this Jurisdiction, which with the first conveniency shal be justly
prized, and the estate disposed, or preserved, as the case shal require.
liut the Will (if any be made and found) and the Inventory, shal be
L I b J duly and respectively proved by oath, the Wil by Witnesses, the ||
inventory for the quantity of the goods, by Executors, Administra
tors, or such as have had the Estate in custody. And for the valua
tion by the Apprisers, who shal be approved and appointed thereunto,
by the Plantation Court, or by some Magistrate, or Authority there
setled, and shal be recorded by the Secretary or some other Officer in
all the particulars, and so kept among the Plantation Records, and
after presented to the next Court of Magistrates, or at the furthest to
the next Court but one, after the party deceased, under such penalty
as the Court shal judge meet, and delivered to the Secretary for the
Jurisdiction, who shal keep all original Wils and Inventories upon the
File, and enter onely a brief abstract of them, among the Jurisdiction
Records ; namely, the date of the Wil, the names of the Witnesses,
when proved, when the Inventory was taken, the persons by whom
the estate was prised, with the summe it amounts to, and writing upon
the Wil and Inventory, in what folio the premises are entred in the
book of Record. And that six shiUings be paid for every such Wil
and Inventory. But in Plantations where there is no Court, the
Jurisdiction Secretary shal at each generaU Court, call to the Deputies
for such Wils, & Inventories, which are to be brought in, and entred
at large, in a book of Records kept by the Court of Magistrates for
that purpose, and the Originals kept on the file, as before expressed.
And in such cases the Jurisdiction Secretary to receive the Fees due
both to himselfe and the Plantation Secretary, and when either the
Wils, or Inventories, or both, are large, and require much writing, the
Court of Magistrates, or Plantation Court, may enlarge the Secretaries
Fees. But if through the unskilfulnesse, or inadvertency of any per
son, any Wil, or Wils, made or left, want due Form, or cannot be
legally proved, in such case, the Court foUowing as neer as they
rationally may, the scope, and aim of the Testator, the Executor, or
Administrator, before any of them intermeddle, or have any power of
such an Estate, shal (if the Court see cause) put in sufficient security,
which shall stand in force three years from the date, to deliver back
the value of the whole Estate, or such part of it, as the Court shal finde
just cause otherwise to dispose of.
But if no Wil be found, then the Court of Magistrates, or Plantation
[77] Court, shal consider, who hath the next right of || Administration
and when any such doth administer, he, she, or they, shal give such
Bond, or Security, as the Court considering the value of the Estate,
with such questions as are like to arise, shal judge meet, to bring in a
true Inventory, within a convenient time limited, and to dispose of the
whole estate, as the Court according to the Laws here setled, shall
see cause to order. And concerning such as dye here intestate, It is
Ordered, That the true estate, all just debts being paid, & all neces
sary expences discharged ; such as about the Funeral of the deceased,

614 NEW HAVEN COLONT LAWS.
prising the goods, bringing in the Inventory, immediate & reasonable
charges of Housekeeping, til things (without unnecessary delay) may
be setled, shal be divided and aloted as followeth ; Namely, one 3d
part at least, to the Widow of the deceased, if he leave a Widow. And
if there be children left, not or not duly provided for, two third parts at
Deut: 21.17, most to them, with due respect to the eldest Son, who is to have a
double childs portion, of the whole Estate, Real, and Personal, unlesse
the general Court, upon just cause, and grounds, shal judge otherwise,
either for dividing the Estate, or for the portion of the first born.
But in case the Intestate leave his wife (who hath well deserved of
him while he lived) and but one Child, one third part of the Estate,
shal as before, go to the Widow, and one third part to the Child ; but
the other third part shal be divided by the Plantation Court, as they
see cause, betwixt the Widow and the Child, [reserving liberty for an
Appeal, either to the Court of Magistrates, or to the general Court,
as in other cases. Wine. See Impost.

That Justice may have the more free passage, It is ordered, That
any one Magistrate, or other Officer authorised by the general Court,
may upon oath, take the testimony of any person of fourteen yeares of
age, or above, being of sound understanding, and of good Reputation,
in any case, civil, or criminal, out of Court; and testifie the same, if it
be desired, by his subscription, for evidence in another Jurisdiction.
But if it be for this jurisdiction, the Magistrate, or Officer is to keep
the same in his own hands, or custody, til the Court ; or deliver it to
the Secretary, or other Officer to be recorded, that nothing be altered
in it. And yet where any such Witnesse Uves in the Plantation
[78] where the Court is held, or at furthest within sixteen || miles of
it, and is not disabled by sicknesse, or other infirmity ; the said Tes
timony so taken out of Court (especially in capital causes) shal not be
received, or made use of in Court, except it were either at first, taken
in the presence of the party testified against, or that the witnesse be after
present in Court, to be (if there be cause) further examined about it.
And it is further ordered, That any person (by warrant from a Magis
trate, or other Officer thereunto authorised) summoned to appeare as
a witnesse, in any civil case betwixt party and party, shal not be
compellable to travel to any Court in another Plantation, where he is
to give his testimony, except he who procured the summons, shal first
lay down, or give him satisfaction for his travel, and expences outward
and homeward, after the rate of two shillings a day, in proportion to
the length of the way, and for such time, as he shal necessarily spend
in attendance about such case, at the Court or place, due recompence
shal be awarded by the Court. And if any witnesse so summoned,
and after such payment, or satisfaction, shal fail to appeare, to give
his testimony, he shal (upon an action of the case) be liable to pay
the parties dammages. And the like appearance (under such penal
ties as the nature and weight of the case may require) shal all wit
nesses (being so summoned) be bound to make, to give evidence in

NEW HAVEN COLONT LAWS. 615
criminal causes, who shal also have due satisfaction from the Treas
urer, upon notice, and direction from the Secretary of the Court,
where the cause was tried. And it is further ordered, That in all such
causes, the charges of the witnesses shal be born by the Delinquent,
and shal be added to the Fine, or censure imposed. That what the
Treasurer upon such warrant from the Court, shal disburse to the
witnesses, may be duly repaid by the offender, that neither the Juris
diction nor Plantation be unnecessarily burdened.
Wolves.
UPon experience of great hurt already done by Wolves in these
parts, and upon consideration how mischievous the increase of
them may prove : It is (for the incouragement of all such as wil set them
selves to kil, and destroy them) Ordered ; That whosoever shal kil an
old Wolf within this Jurisdiction, and bring his head, shal have for
the same 20s. and for each young Wolf so kild, and brought 10s.
And that the Indians have for each old Wolfes head so kild five
[79] shillings ; and for || each young one 2s. & 6d. which several
summs are to be paid by the Plantation, within the Limits wherof,
any such Wolfe is kild ; The bounds whereof, are the Lines betwixt
each plantation ; and to this purpose, so to be accounted 12 miles up
into the Country.
Some presidents, and formes of things frequently used.
TO (A. B.) Husbandman of (B) you are to appeare at the next
Court, holden at (N) on the day of the month next
ensuing, to answer the complaint of (C: D.) for with holding a debt of summons.
due upon a Bond or Bill, fyc. or for a horse fyc. sould
you by him, or for work, or for a Trespass done him, in his Corne, or
Hay, by your Cattel, or for a defamation, or Slander, you have raised,
or brought upon his name, or for striking him, or the like. And hereof
you may not fail at your peril. Dated the day of the
month, 1655.
To the Marshal or Constable of (N.) or to his Deputy; you are
required to attach (when the case requires it) the body, and goods, of An Attach.
(E: F.) and to take Bond of him, to the value of with ment.
sufficient surety, or sureties, for his appearance, at the next Court
holden at (N.) on the day of the " month, then and there
to answer the complaint of (G: H.) for fyc. as before. And so make a
true Returne thereof under your hand. Dated the day, fyc.
Know all by these Presents, That we (E: F.) of (M.) Husbandman;
And (I: K.) of the same Plantation Carpenter, do bind ourselves, our
Heires, and Executors to (L: M.) Marshal, or (N: O.) Constable o/Bondforap-
(N.) aforesaid, in pounds, upon condition, That the said pearance.
(E: F.) shal personally appeare at the next Court at (N) to answer
(G: H.) in an Action of And to abide the Order of the Court
therein ; And not to depart without license.
To the Marshal or Constable of you are required to Replevi
two Heifers of (P: R.) now distreyned, or impounded by (S: T:) And

616

NEW HAVEN COLONT LAWS.

Deputy Got
ernor, and
Magistrates. Other Offi
cers and
Witnesses.

to deliver them to the said (P: R.) Provided he give Bond to the value
of with sufficient surety, or sureties, to prosecute his Replevin,
at the next Court holden at (S.) And so from Court to Court, til the
cause be ended; And to pay such costs, and damages as the said (S.
T.) shal by law recover against him; And so make a true Return
thereof, under your hand. Dated §c.
You (S: T.) being by the providence of God, an Inhabitant within
Newhaven Jurisdiction, do freely, and sincerely acknowledge yourself
to be subject to the Government thereof; And do here sweare by
[80] || the great and dreadful name of the everlasting God, That you wil
be true, and faithful to the same ; And wil yeild due assistance there.-
unto, with your person, and Estate, as in equity you are bound; and
wil truly indeavour to entertain and preserve all the liberties andprtv-
iledges thereof, submitting yourself to all the just and wholsome Laws,
and Orders, which already are, or hereafter shal be by lawful Authority
there made, and established. And further that you will neither plot,
nor practise any evil against it, nor consent to any that shal so do.
But wil fully, and timely discover the same to lawful authority there i
setled, for the speedy preventing thereof. And that you wil as in duty '
you are bound, maintaine the honour of the same, and of all the lawful
Magistrates thereof promoting the publick good whilst you shal con
tinue an Inhabitant there ; And whensoever you shall be duly called as
a free Burgess, according to the fundamental Order, and agreement
for Government in this Jurisdiction, to give your Vote, or suffrage
touching any matter which concerneth this Colony ; you shall give it as
in your Conscience you shall judge may conduce to the best good of the
same, without respect of person, or favour to, or from any man. So
help you God in our Lord Jesus Christ.
Whereas you (A: B.) are chosen to the place of Governor, within
this Jurisdiction for the insuing year; And til a new Governor be
chosen, and sworn, you do here swear by the great fy dreadful name
of the ever living God, to maintaine (according to your best ability)
all the lawful priviledges of this Common-wealth ; according to the
fundamental Order and agreement made for Government thereof, And
that you wil carry and demean yourself for the said time of your
Government, According to the Laws of God, and for advancement of
his Gospel, The Laws of this Colony, And the good of the Inhabitants
thereof, you shal do Justice to all without partiality, as much as in
you lyeth. So help you God, fyc.
Whereas you (C: D.) are chosen to the place of Deputy Governor
fyc. or you (E: F.) are chosen to the place of. a Magistrate §c. as in
the Governors Oath, mutatis mutandis.
Several other Oaths are to be administred to other Officers, as Secretary, and
Treasurer for the Jurisdiction, Deputies, for particular Courts, Marshal, Consta
ble, Witnesses, &c. But the substance of their Oaths is to ingage them to a
faithful discharge of the duty of their places, and trust, according to the best of
their ability, to preserve the peace of the Jurisdiction, And to give ful and true
evidence, in the cases, wherein they give testimony.
FINIS..

INDEX.

Abbott, Peter, 300.
Abbott, Robert, 302.
Accorley, Accerley, Henry, 216,223, 294.
Accounts of the jurisdiction to-be ..recorded, 218,
405.
Actions in court, 572.
Adams, George, 497, 542.
Adams, Thomas, suspected to be the king, 60. .
Adams, Goodman, 223.
Adultery, laws concerning, 212, 576.
Akerly, Anne, 461.
fibers, Alvers, Hans, 384, 399.
SJgocke, John, 499. — •
Aloo"c7"ftE«evr307.Allen, Mr., 454.
Allen, John, 341, 357, 424.
AUerton, Isaac, 126, 127, 142, 204, 293, 417 ;
settlement of his estate, 307, 354.
Ailing, Eoger, 91, 306, 309, 356, 401, 445, 447,
452,453,484,490; treasurer, 403, 451, 488, 543.
Allyn, Mr. [Matthew,] 368, 468, 476,512 ;
present at Eosseter's trial, 454.
Allyn, John, 475, 476, 495, 512, 616, 530, 546,
549, 551.
Alsopp, Joseph, 89, 286, 309, 316, 355.
Ambler, Richard, goodman, 105, 335, 381, 459.
Andrewes, Samuel, 424, 550.
Andrewes, William, 295, 306, 409, 416.
Andrewes, William, Jr., wife divorced from, 425.
Archer, John, 380. \
Articles of confederation, 562 ;
interpretation by Massachusetts of, dis
liked, 4. •
Astwood, Oapt. John, 4, 15, 18, 23, 26, 29, 36,
45, 211;
magistrate for Milford. 1,- 91 ;
agent to solicit aid against the Dutch, 37.
Atherton, Major, 499.
Attachments, law of, 573.
Atwater, David, 158, 484.
Atwater, Joshua, 35, 233, 307 ;
treasurer, 1 ;
Atwater, Mrs., 29. 33.
Auger, Nicholas, 24, 108, 142, 274, 305, 379.
Austin, Astine, John, 2l6, 294.
Bache, Samuel, 502.
Bacon, Henry, Nathaniel, Thomas, William,
depositions concerning, 427.
Baldwin, John, 72, 263, 280, 289, 384, 424, 450.
Baldwin, goodwife, S3, 86.
Baldwin, Timothy, 203, 486.
Baldwinl Richard, 148, 178, 200, 211, 214, 221,
226, 2&, 265,276, 313,361, 399, 449,455,486,
490, 551 ;
ensign, 108;
moderator of Paugasset, 157;
deputy for Milford, 429, 451, 477, 488, 500,
513, 640.
Banke's, John, 77.
Barlow, goodwife, 84.
Barnes, Edmund, 276.
78

Barratry, law concerning, 574.
Barret, Samuel, 99.
Bartlett, George, 108, 257 ;
deputy for Guilford, 488, 600, 544.
Bartrum, John, 263.
Bassett, goodwife, executed for witchcraft, 81,
85;will of presented, 169 ;
Bassett, John, 90.
Bassett, Robert, 62, 108, 164 ;
makes disturbance at Stamford, 47, 54 ;
trial of, 58, 94.
Batter, Mr., 355, 417.
Baxter, Thomas, 44. 58, 66, 67 ;
his boat seized, 26 ;
to be captured, 48, 50 ;
trial of, 75.
Beaeher, Hannah, 357-
Beard, John, 209, 486.
Beard, Hannah, 209.
Beckley, Richard, 59, 295, 341.
Belding, John, 444.
Bell, JP rancis, 2, 59, 63, 99, 105, 176, 185, 204,
242, 293, 294, 303, 320, 348, 363, 453, 651 ;
deputy for Stamford, 2, 4, 18, 47, 68, 92, 96,
119, 141, 147, 169, 172, 214, 232, 235, 297, 403,
405,429,451,488,513,544;lieutenant, 145 ;
constable, 304, 369.
Benfleld, WiUiam, 134.
Benham, John, 63, 294, 485;
circulates a seditious writing, 403.
Benidict, Thomas, 237, 350 ;
desires to join with Southold, 96.
Benjamin,  -, 161.
Bennett, Henry, 500.
Benzio, Mr., 133.
Betts, Hannah, 504.
Betts, Mary, bums John Cooper's barn, 504.
Betts, Thomas, 391.
Biley, John, 317.
Bills and specialties, law concerning, 574.
Bishop, Mrs., 31, 33.
Bishop, Anne, 449.
Bishop, James, 276,286, 356, 400, 401,447,450,
475, 483, 497, 501, 530, 636, 551 ;
secretary, 403, 461, 488, 543 ;
deputy for New Haven, 418, 422, 429, 451,
477,488,600,513,540; ~
Bishop, John, 159, 165, 244, 246, 303, 313, 364,
449, 452, 512, 539 ;
trial of, 434.
Black Eagle ship seized by Capt: PeBSF-r-iiZL 
Blackman, [Adam,] 490.
Blackman, James, 150.
Blasphemy, law against, 576.
Blayden, WiUiam, 448.
Bhnkensopp, Mr., 317.
Blinman, Mr., 301.
Boarman, WUliam, 99.
Booth, John, 285, 302,313.
Boston, 107, 268, 317, 318, 355,411.
Botsford, Henry, 109.

618

INDEX.

Boutle, Henry, 32, 34.
Boykin, Jarvis, 109, 257, 276, 293, 308, 310, 354,
355, 448.
Bradfield, Bradford, widow, 186, 223.
Bradley, Daniel, 357, 360.
Bradley, Francis, 208.
Bradley, William, 158, 358, 360, 447.
Bradstreet, Simon, 18, 45, 499.
Branford, 2, 4, 16, 18, 47, 50, 68, 92, 104, 108,
127, 141, 300, 453 ;
deputies chosen for, 3, 96, 148, 172.
Bread, assize of, regulated, 574.
Brenton, Mr., 396.
Brewster, Elizabeth, 33,81, 85.
Brewster, Mary, 83, 85.
Bristow, Richard, 438.
Brocket, John, 24, 108, 292, 409.
Brookes, John, 230.
Browne, Francis, 319, 345, 347, 378, 380, 401,
429, 452, 457, 497, 530.
Brown, John, 200, 203, 429.
Brown, Martha, 381.
Brown, Peter, 293.
Brown, Thomas, 381.
Brandish, Bethia, 83.
Brush, Thomas, 159.
Bryan, Alexander^ Ensign, 28, 53, 69, 76, 80.
136, 142, 155, 203, 247,248, 285, 300, 309,314:
341, 348, 354, 363,380, 387, 415, 417 449,486.
Bryan, Richard, 182, 203, 206, 226, 233, 264, 355.
Buckingham, Anne, 286.
Buckingham, Daniel, 444.
Buckingham, Thomas, 214, 286 ;
deputy for Milford, 169, 195.
Buckley, Mr., 88.
Budd, John, Lieutenant, 2, 97, 143, 160, 218,
350,360,392,399; ' ' '
deputy for Southold, 214 ;
constable, 215.
Budd, John, jr., 348, 350, 353.
BuU, Lieutenant, 540.
Burglary and theft, how punished, 575.
BurraU, BurweU, John, 278, 390.
Burrall, Samuel, 289, 390.
Burrett, Thomas, 72.
Buxton, Clement, 293.

Cable, -

,273.

Cable, Sarah, 83.
Caffinch, Samuel, 276.
Camp, Edward, 206, 211, 277, 390, 401.
Camp, Nicholas, 257, 389, 486.
Candle, sale by inch of, 74, 133.
Capital laws, 576.
Capahaw, 161.
Captains to be chosen, 361.
Carman, Mrs., 89.
Carter, Henry, 306.
Carwithy, Caleb, 120.
Carwithy, Philip, 120.
Case, Henry, 350.
Cask, size of regulated, 24, 43, 96, 147, 154,
Cattle restrained, 579.
Chapman, John, 44, 48, 55, 56, 98, 204 ;
trial of, 61.
Chapman, Robert, 391.
Charges, public, law regulating, 581.
Charles, John. 213.
Giia.-wi«iuy1GeoTgv,_ 539.
Chayes, Doctor, 66.
Cheever, Mr. Ezekiel, 31.
Cheever, Hannah, 448.
Cheston, Roger, 93.
Chifflnch, Thomas, 499.
Chittenden, William, 417 ;
deputy for Guilford. 2, 4, 18, 36, 47, 50, 68.
68, 92 100, 107,^117, 119, 127, 141, 153, 169;

Church, Edward, 252.
Church, Richard, 252.
Cider not to be retailed, 299, 362.
Clarke, Captain, 317, 355, 454.
Clarice, Daniel, 117, 409, 495.
Clarke, George, Deacon, 386, 389, 411, 418, 424,
450,486; deputy for Milford, 544.
Clarke, James, 137, 262, 306.
Clarke, Mary, 137.
Clarke, Thomas, 539.
Clawson, Stephen, 381.
Closse, Thomas, 325.
Cogner, Edward, 398.
College proposed to be set up, 141, 370.
Commissioners of United Colonies, chosen, 1,
92.111, 140, 168, 213, 231, 297, 359, 402, 451,
488,543; order of, making Dutch vessels prize, 44 ;'
send men against Ninigret, 119 ;
proceedings of to be recorded, 218 ;
New Haven complains to, 495.
Comstock, Christopher, 83.
Concklyn, John, 159, 161, 349,351.
Concord, 245.
Confederation, Articles of, 562 ; -
declared to have been broken: by Massachu
setts, 37 ;
Massachusetts proposes to revise articles of „ --
38; „<— -^
recaU their interpretation of articiesr"I477^
Connecticut, 3, 16, 18, 43, 60, 62, 77, 116, 119,
173, 411, 423, 443, 454, 465, 477, 488, 513, 541,
545;dissatisfied with the Massachusetts declara
tion, 4 ;
unite to purchase a ship ; 14, 17 ;
treaty to be made with, 37, 38 ;
letters written to, 37, 48, 469, 471, 473, 500,
552,555; >''.-¦
letters from, 409, 468, 553 j
unite in letters to Mass., 40, 109, 117 ;
send to arrest~Baxter, 50, 53 ;
unite against the Dutch, 108 ;
desires a synod, 195 ;
Gov. Newman arrested at, 309, 367 ;
claims New Haven, 409 ;
propositions of for union, 475, 492, 516 ;
answer to propositions of, 476, 516 ;
remonstrance to, 477, 479 ;
proposals to, concerning terms of union, 491,
516 ;
Gov. Winthrop's letter to court of, 498 ;
letter of exemption from to be sought, 502 ;
proceedings of council of, 612, 515, 546, 548 ;
submission to, voted, 646, 651 ;
committee appointed to consummate union
with, 551 ;
bounds of determined by royal commission
ers, 555.
Cooke, Ellis, 192.
Cooke, Lieutenant, of Hartford, 54.
Cooley, Samuel, 200, 206.
Cooper, Cowper, John, 109, 171, 190, 248, 270,
275, 292;294, 305,.310, 349, 355, 399, 400, 401
409, 411, 415, 416, 445, 453, 454, 463, 483, 485 ;
proposes to remove to Delaware, 128 ;
his barn burned, 504 ;
deputy for New Haven, 403, 418, 422, 429,
451.
Cooper, Thomas, 190. 358, 400.
Corey, John, 285, 302, 313, 351.
Corn viewers to be appointed, 98.
Corneliusson, Laurence, 124.
Cotton, Rev. John, 147.
Council appointed, 3, 17, 109, 453, 472, 488 ;
order for repealed, 104.
Court of magistrates may sit in any plantation,
515.

INDEX.

619

Coventry, Jonathan, 139.
Crabb, Richard, 204, 216, 320, 380;
to be seized, 176. 376 ;
trial of, 242 ;
Crampton, Dennis, 539.
Crane, Henry, 589.
Crane, Jasper, 3, 38, 157, 208, 242, 258, 274,
347, 377, 384, 388, 410, 416, 418, 422, 429, 452,
455, 458, 477, 483, 497, 500, 513, 544 ;
deputy for Branford, 2, 4, 18, 36, 47, 50, 58,
68, 92, 96, 100, 107, 117, 119, 127, 140, 148,
153, 169, 172, 195. 214 ;
magistrate, 231, 297, 359, 402, 451, 488, 543 ;
autograph of, 469. .
Cranfleld, Robert, 150.
Oreiger, Capt. Martin, 76, 338.
Crittenden, Cruttenden, Abrah'm, 418, 449, 539.
Crittenden, Isaac, 512, 539.
Crittenden, Thomas, 435, 539.
Cromwell, Oliver, 107;
solicited for aid against the Dutch, 37 ;
letter received from, 100 ;
answered, 112 ;
invites removal to Jamaica, 180.
Croton, 461.
Cullick, John, 45, 258, 371.
Curwin, Mathias, 358, 400.
Curwin, Theophilus, 350.
Custom on wines, etc., 145, 234, 452, 591.
Daniel, Edward, 485-
Daniel, Mr., 307.
Davenport, John, 35, 78, 90, 129, 197, 301, 364,
408,409; preaches about witches, 29 ; •
one of a committee to draw up a history, 217 ;
resigns writings concerning Hopkins bequest,
356, 369 ;
autograph of, 469 ;
to draw up statement of grievances, 514.
Davenport, John, jr., 390, 416,.424.
Davenport, Mrs.. 79, 306, 422, 465, 467, 470.
Davis, Martha, 448.
Davis, WiUiam, 129,286, 307, 356.
Dayton, Ralph, 159.
Delaware Bay, 31 ;
letter sent to Swedes at, 112 ;
propositions for settlement of, 123-131 ;
patent for to be obtained, 516 ;
letter to Col. Nicolls about, 552.
Denison, Daniel, 499.
Denison, Robert,264.
Deny, Robert, 225.
Deputies, proposed to have them under oath, 9b ;
to be maintained by the several towns, 145.
De Sille, Nicasius, 338.
De Voz, Matthew, 336.
Dickerman, Abraham, 505.
Disbrow, Peter, 255, 411.
Divorce, law of, 478, 686.
Dormer, Edward, 277.
Dowlittle, Abraham, 226, 292, 401, 465, 485 ;
marshall, 451, 488, 543.
Downe, John, 249.
Downes, Edmund. 246.
Dowries, law of, 303. 586.
Dudley, William, 257,286, 449.
Dunk, Thomas, 275, 306.
Dutch, 55 ;
war against, 4, 107 ;
peace with, 109 ; ...„,.,,_
trade prohibited with, 2S>, lit , _
application to England for aid against, o7,
100.
X>°U?aX5!erjeant,90,183, 200, 206,226,
232,271,311,355.
Easton, Henry, 121, 150.

Eaton, TheophUus, 4, 18, 26, 29, 36, 45, 47, 60,
68, 68, 100, 105, 107, 117, 119, 121. 124, 127,
132, 134, 150, 153, 158, 182,186, 189, 195, 198;
223,226; governor, 1, 91,. 140, 168, 213;
commissioner, 1, 111, 140, 168, 213 ;
to revise laws, 146, 154 ;
letter of to Massachusetts, 196 ;
tomb for erected at public expence, 233, 408 ;
will presented, 268 ;
- funeral at public charge, 405.
Eaton, Mrs. Anne, 234, 257.
Eaton, Samuel, 100, 107, 117, 119, 121, 124, 127,
129,132,134,143,188;,
magistrate, 91, 140.
Ecclesiastical matters, laws concerning, 687.
Education, laws concerning, 376, 683 ;
proposed to set up college, 141, 370 ;
schools, 219 ;
grammar school, 301, 374, 458, 471 ;
Mr. Hopkins' bequest for, 356.
Edwards, WiUiam, 304.
Eland, Sarah, 150.
Elcot, Anthony, 108, 199. -
Election courts, 1, 91, 140, 168, 213, 231, 297,
359,402,451,488, 543.
Election dinner to be provided, 52.
Election sermon, Mr. Prudden desired to
preach, 66.
EUitt, William, 53, 54, 134, 181.
Elsy, Nicholas, 43.
Emry, goodwife, 123.
Endicott, John, 18, 611. ^
England, John, 186.
Estates, distribution of, 304, 613.
Evance, Mr. John, 132, 307, 387, 416.
Fairfield, 44, 50, 52, 72, 75, 77, 122, 229, 277,
315,339;votes to go against the Dutch, 47 ;
witch executed at, 78.
Fairs at New Haven discontinued, 147.
Fast days appointed, 109, 120, 132, 154, 194,
466, 503, 542.
Farneden, Lucy, 497.
Feake, Robert, 144.
Fellowes, Richard, 358.
Fenn, Benjamin, 3, 23, 38, 72, 100, 107, 117,
119, 121, 124, 127, 132, 134, 150, 153, 158, 179
187, 189, 195, 198, 200, 206, 211, 223, 226, 242,
256, 258, 263, 270, 280,290, 385,418, 422,425,
429, 440, 450, 452, 455, 458, 465,477,483, 495,
500 516 544 '
deputy for Milford, 2, 4, 18, 36, 47, 50, 58, 68 ;
commissioner, 402, 451, 488 ;
magistrate, 91, 140, 168, 213, 231, 297, 402,
451, 488, 643 ; .'
autograph of, 469.
Ferman, Mrs. Sarah, 209, 265.
Ferris, Jeffrey. 159.
Ferris, John, 223, 293.
Ferris, Joseph, 216,
Ferris, Peter, 216.
Field, Mr., 543.
Finch,  , 67.
Finch, Goodwife, 487.
Finch, Isaac, 325.
Finch, John, 75, 76.
Fire, penalty for wilfully causing. 175, 589. -~ —
Fis, Jacob, 337, 338.
Fish, John, 150.
Fitch, James, present at meeting in Guilford,
231 ; n/n
Fitch, Joseph, 468.
Fletcher, John, 206, 286, 427, 449, 486 ;
deputy for Milford, 297, 403, 418, 422.
Fletcher, Mary, 427.
Flushing, 161, 411.
Ford, Timothy, 260, 485.

620

INDEX.

Ford, Thomas, 486.
Fornication, how punished, 590.
Fowler, John, 236, 257, 300, 418, 449, 452, 551 ;
¦ deputy for Guilford, 403, 422, 513, 540.
Fowler, WiUiam, 2, 36, 47, 50, 53, 68, 72, 77,
84, 132, 134, 200, 226, 230, 390, 449 ;
magistrate, 1 ;
deputy for Milford, 213.
Freeman, Stephen,;226.
French. Francis, 211.
Frost, Mr., 159.
Frost, Abraham, 53, 204,216, 324, 379.
Frost, John, 466 ;
burns Mr. Gibbard's barn, 169.
Fundamental agreement for government, 567 ;
to be enforced, 177, 403.
Gabry; Timotheus, 337,338.
Gaming forbidden, 155, 590.
Garret, Mr,,176, 186.
Garrett, Kennick, 398.
Gibbard, William, 3, 281, 328, 357, 359, 440 ;
deputy for New Haven, 2, 4, 18, 36, 47, 50, 58,
68, 100, 107, 117, 119, 127, 153, 169, 195, 213,
S31; his house burned, 169 ;
secretary, 231, 297, 359 ;
magistrate, 402, 451 ;
wUl presented, 484.
Gibbins, WiUiam, 309, 485.
Gibbs, John, 277, 307.
Gilbert, Matthew, 90, 203, 242, 250, 258, 286,
-3ef,-a25, 349, 377, 384, 389,390,419,424,441,
448, 477, 484, 616 ;
magistrate, 231, 297, 359, 543 ;
deputy governor, 402, 451, 488 ;
autograph of, 469.
Ginnc, John, 505.
Glover, Charles, 291, 351, 359, 360, 392, 399,
400, 411, 413 ;
Ueutenant, 407.
Glover, Elinor, 356, 448, 484.
Glover, Henry, 90, 213, 357, 448, 484.
Godman, Elizabeth, 306, 498 ;
suspected of witchcraft, 29, 151.
Goffe and WhaUey, 387, 415,419, 437, 451.
Gold, Nathan, 339.
Goodenhouse, Samuel, 133, 194, 255, 341, 387,
416.
Goodwin, WilUam, 371.
Goodyeare, Stephen, 2, 3, 4, 18. 23, 26, 28, 29,
36, 43, 47, 48, 50, 58, 61, 68. 77, 91, 99, 100,
111, 119, 121, 124, 127, 132, 152, 158, 165, 182,
186, 195, 204, 220, 231, 254, 258, 287, 357, 379 ;
deputy governor, 1, 91, 140, 168, 213 ;
suffers from witchcraft, 30 ;
proposes to go to Delaware, 131 ;
freed from rates, 181 ;
settlement of his estate, 208, 274, 285, 304,
416;
Soodyeare, Mrs. Margaret, 269, 285, 292, 305,
417.
9ookin, Capt., 180, 293, 309.
Sould, goodwife, 80, 83, 87.
Uovernor, salary of, 15, 99, 181, 221, 236, 304,
364, 405, 472, 490, 504 ;
freed from rat~a«f9.
Jraden, Job»f"135.
grammar school to be set up, 301, 374, 458 ;
' Mr. Peck, master, 377, 407 ;
laid down, 471.
Irave, John, 539.
Irave, WilUam, 275.
Iravesend, 73.
3ray, Robert, 286.
Ireene, John, 318.
Jreenwich, 50, 135, 242, 323, 876, 411, 452 ;
Stamford complains of, 144 ;

Greenwich, submission of, 216 ;
to send in Usts, 235 ;
rates remitted, 302 ;
accepted under Connecticut, 466.
Gregson, Thomas, 519.
Griggs, John, 3, 35, 336.
Grove, Philip, 121, 151.
Guardus, Robert, 426.
Guernsey, Joseph, 123, 348, 487.
Guilford, 2, 4, 18, 25, 36, 47,50,58, 92, 104, 108,
127, 128, 141, 173, 236, 253, 257, 377, 501 ;
troopers raised from, 173 \.
offer Mr. Whitfield's house for grammar
school, 301 ; ^
disorders at, 403, 429, 513, 527 ;
portion of inhabitants of, submit to Connec
ticut, 466 ;
John Meigs, constable for Connecticut at,
483.
Gunn, Jasper, 390, 424 ;
deputy for MUford, 477-
Haines, Hindes, James, 158.
Hakins, Joseph, 289.
. HaU, Francis, 137.
Hall, Isaac, 230.
Hardy, Richard, 321.
Harriman, John, 17, 23, 46, 91, 306, 368, 472,
485.
Harrison, Richard, 186, 208, 294.
1 Harrison, Thomas, 199, 294.
Hartford, 54, 75, 109, 119", 129, 144, 252, 300,
304,371,379,447,496;troubles in church at. 194.
Hashamammock, 219, 234, 299, 350.
Hawes, Bethia, 263, 289.
Hawley, Mr.,211.
Hawthorne, William, 18, 45.
Haynes, John, 37.
Hayward, James, 307.
Hempsted, 11, 90.
Herbert, John, 66, 143, 158, 358 ;
declines oath of fideUty, 51.
Herd, John, 418.
Herdman, John, 271, 313, 348, 415, 440.
Heresy, law concerning, 590.
Hickcocks, Mr., 259, 274, 306.
Hide, Humphrey, 339.
Higby, Edward, 121, 139, 149.
Higginson, John, 217.
Hill, John, 539.
Hinde, Elizabeth, 209, 265 ;
Hinde, Thomas, 209.
History, committee appointed to draw up, 217.
Hitchcock, Edward, 294;
Hitchcock, Mary, 230.
Hobby, John, 325.
Hodgskin, Samuel, 446.
Holly, Mr., 151.
Holly, John, 236, 293, 300, 452, 486 ;
deputy for' Stamford, 96, 147, 477.
Homonossock, 450.
Hooke, WiUiam, 29, 90, 129,152, 197, 306.
Hooke, Mrs., 31, 35, 129.
Hooke, Jane, 31, 35.
Hooker, Samuel, 466.
Hopewell, Thomas, 208.
Hopkins, Edward, 154, 186, 310 ;
writings concerning his bequest, 356, 369.
Hopkins, Samuel, 126.
Hopper, Daniel, 64, 248.
Horses to be kept for public use, 2, 103, 173 ;
repealed, 23, 112 ;
not to be sent out of the jurisdiction, 3 ;
to be branded, 234, 690.
Horton, Barnabas, 143, 159, 219, 292, 300, 358,
398,400;deputy for Southold, 92, 100, 169, 232, 298.

INDEX.

621

Horton, Joseph.. 291.
Horton, Rioharci, 319.
House, Edward,-318, 347, 378
Howe, Nathaniel, 430, 505.
Howe, Zachariah, 505.
Howe, Jeremiah, 235.
HoweU, John, 192.
Hubball, Richard, 171 ;
tried for sedition. 433.
Hubbard, George, 157, 253, 257, 410, 422 ;
deputy for GuUford, 127, 141, 153, 214, 232,
297, 418, 429, 461.
Hubbard, William, 323.
Hudson, John, 162, 173, 195, 210, 255, 341, 368,
887,416,454.
Hudson, William, 499.
HUghes, Joshua, 122.
Hughes, Richard, 286, 806.
HuU, Edward, seizes Baxter's boat, 26. '
Hull, CorneUus, 83.
HuU, Rebecca, 83.
Hull, Richard, 484.
Hunt, Thomas, 164.
Huntington; town of, 247, 398":
desires to join the colony, 236, 299.
Husted, Hustis, AnaeU, 216, 294, 325.
Husted, Elizabeth, 204.
Hutchinson, Edward, 499.
Huxley, Thomas, 448.
Hyatt, Thomas, 487.
Hylend, George, 539.
Idleness, law for prevention of, 366.
Idolatry punished with death, 576.
Incest punished capitally, 593.
Indians, laws concerning, 67, 593-;
report of conspiracy among, 117 ;
liquors not to be sold to, 195, 219, 299 ;
horses and boats not sold to, 217 ;
dogs not to be sold to, 362.
Inhabitants unacceptable, how disposed of, 217,
610.
Innkeepers, law regulating, 595.
Iron-work, orders encouraging, 149, 153, 173,
175, 454.
Jackson, Henry, 229.
Jacobson, Capt. Seymour, 91.
Jagger, Elizabeth, 75.
Jagger, Jeremiah, 56, 61, 106, 141, 189, 204,
216, 293 ;
tried for sedition, 62.
Jamaica, colony invited to remove to, 180.
Jefferd,John, 497, 542.
Jeffrey, Thomas, 129, 306, 309, 355, 446.
Jeffs,  , 318,379.
Jessup, Edward, 204, 319.
Johnson, Derrick, 336, 338.
Johnson, Richard, 424, 444.
Johnson, Robert, 447.
Johnson, Thomas, 152, 260, 498.
Jones, Mr., 83, 88.
Jones, Mrs., 81, 85.
Jones, Benjamin, 391.
Jones, Cornelius, 381, 383, 487.
Jones, John, 257.
Jones WiUiam, 455, 458, 476; 477, 484, 491, 497,
500, 504, 513, 516. 522, 540, 546, 552 ;
magistrate, 451, 488 ;
autograph of, 469 ;
commissioner to Hartford, 542 :
deputy governor, 543.
Jordan. Elizabeth, 449.
. Jor* , '^omas, 23 ;
ae\o*,A-,enfc}uilford, 2, 4, 18, 36, 47, 50, 58,
68V-*^1i'Sm9 i
commissioner to Massachusetts, 5, 101.
Judson, WilUam, 137, 154, 292,306, 483.
Kimberly, Abraham, 58.

Kimberly, Nathaniel, 150.
Kimberly, Thomas, 140, 345, 357, 425, 464;
marBhail, 1, 91, 140, 168, 213, 231, 297, 359,
402. .
King, Thomas Adams suspected to be the, 60 ;
court considers application to the, 418 ;
pro claimed, 423:
letter of the, 499.
Kingsnoth, Henry, 257.
KitcheU, Robert, 286, 307, 449, 463 ;
deputy for Guilford, 195, 408, 418, 422, 429,
451, 477, 488, 500.
Kitchell, Samuel, 435, 438, 448,463.
Knapp, goodwife, 123;
executed at Fairfield for witchcraft, 78.
Knapp, Joshua, 322.
Knight, John, 137.
Lake, Mr., 307, 355.
Lamberton, Deliverance, 269, 288.
Lamberton, Elizabeth, 29, 34, 269.
Lamberton, George, 269, 269.
Lamberton, Hannah, 29, 34, 269.
Lamberton, Hope, Mercy, Desire, Obedience,
269.
Lamson, goodman, 31.
Langden, Thomas, 179, 209.
Langden, Isabell, 209.
Larrabe, [Greenfield,] 204.
Larremore, George, 306.
Larremore, goodwife, 29.
Lattimor,  , 295.
Law, Jonathan, 164.
Law, Richard, 105, 145, 176, 185, 204, 293, 322,
336, 351, 363, 381, 459. 467, 471, 486 ;
deputy for Stamford, 2, 4, 18, 47, 50, 68, 68,
92, 96, 119, 141, 147, 169, 214, 232, 235, 297,
403, 405, 418, 429, 451, 477, 489, 500, 513, 544 ;
constable, 2, 369 ;
charged with mal-administration, 162 ;
submits to Connecticut, 650.
Laws, ordered to be printed, 146, 154, 186.
Law book, additions and alterations of, 198, 216,
219, 232, 360, 366, 404, 439, 452.
Laws without penalty, provision respecting,
Law.de, John, 165.
Lawrisson, Lawrence, 337, 338.
Leather not to be carried out of the colony, 472,
489;law regulating tanning of, 597.
Leeke, Philip, 417.
Leete, William, 2, 3, 4, 14, 18, 23, 29, 36, 38, 47,
50, 66, 68, 77, 92, 111, 117, 119. 121, 124, 127,
132, 143, 151,. 158, 182, 187, 189, 195, 198,201,
226, 242, 288, 286, 310, 389, 417, 422, 449, 465
477,492,495,513,536,546;
magistrate, 1, 91, 140, 168, 213 ;
commissioner to Massachusetts, 5, 101 ;
letter received from, 107 ;
commissioner for united colonies, 140, 168,
213,231,297,359,402,451,488; deputy governor, 231, 297, 359 ;
governor, 402, 450, 488, 543 ;
addresses the freemen, 450, 470 ;
autograph of, 469 ;
letter of to Massachusetts, 540.
Leverich, William, 89, 122, 135 ;
desires thatOyster Bay may be admitted, 98,
144; desires that Huntington may be receivedintc^
the colony, 237.
Leverett, Capt., 100, 107, 420, 423.
Lewis, William, 54.
Lindon, Henry, 158, 259, 286, 307, 356, 400 ;
deputy, for New Haven, 2, 4, 18, 36, 47,50,
58, 68, 92. 101, 107, 117, 119, 127, 297, 360.
Ling, Benjamin, 122, 199, 287, 293, 309.
Linn, 497, 542.
Little, John, 355.

622

INDEX.

Lockwood,  , 273.
Lockwood, goodwife, 81, 85.
Lockwood, Jonathan, 322, 340, 382.
Lockwood, Joseph, 340.
Lockwood, Deborah, 83.
Lockwood, Robert, 82.
Lockwood, Susan, 82.
Loper, Jacobus,.384, 399, 440.
Lord, Richard, 440, 448.
.Lord, Mr., 309, 355.
Luddington, William, 485.
Ludlow, Roger, 45, 68^122 ;
letter received from, 47 ;
going to Virginia, 69 ;
suspects goodwife Staples of witchcraft, 77.
Lum, John, 398.
Lying, law against, 598.
Lynes, Ralph, 262, 390.
Lyon, Richard, 84, 87.
Lyon, Thomas, 85, 87.
Magistrates, nomination of regulated, 439, 479 ;
not to sit when related to parties, 699.
Mannatoes, 69, 125, 337, 341.
Manning, Capt. John, vessel of seized, 68.
Mansfield, Richard, 158.
Mapes, Thomas, 291, 353.
Marriage, law regulating, 599.
MarshaU, Mr., 309.
Marshall, Richard, 265.
MarshaU, Thomas, 243.
Martin, Capt. Robert, 180, 355.
Mason, Major John, 108, 118, 220, 478, 498.
Massachusetts, 122, 147, 173, 310, 327 ;
interpretation by, of confederation, disliked,
4; letters to, 5, 40, 114, 196, 420, 540 ;
letters from, 18, 19, 20, 38, 111, 114 ;
declared to have broken the confederation,
36,101;propose to revise articles of confederation, 38 ;
appoint a synod, 195 ;
letters from relating to Goffe and Whalley,
387,419.
Mathews, Thomas, 314.
Maverick, Mr., 309.
Mayoe, Samuel, 72, 75, 135 ;
his vessel seized by Baxter, 48, 52.
Mead, John, 162. 218, 229, 469 ;
Mead, Joseph, 123, 168, 205, 229, 319, 322, 379,
381.
Mead, WilUam, 218.
Meaker, WiUiam, 59, 224, 262.
Meigs, John, 170, 250, 450, 539 ;
constable for Connecticut, at Guilford, 483.
Meigs, Mark, 191.
Meigs, Vincent, 450.
Merrhnan, Nathaniel, 409.
Middleborough, 11.
Miles, Richard, Deacon, 90, 91, 158, 180, 202,
258, 293, 308, 364, 400, 483.
Miles, Richard, jr., 426.
MUford, 2, 4, 18, 26, 36, 47, 48, 50, 53, 58, 66,
68, 84, 90, 99, 104, 108, 119, 121, 125, 127, 132,
148, 166, 158, 181, 203, 209, 220, 232, 453;
takes Capt. Manning's vessel, 69 ;
offers £100 for the college, 142 ;
troopers raised from, 173 ;
object against settlement of Paugasset, 178 ;
action of, against Henry Tomlinson, 182 ;
house burnt at, 384, 389 ;
order to search for regicides at, 388 ;
troubles in church at, 542 ;
submits to Connecticut^ 550.
MiUtary provisions, 173, 601.
MiUs, James, 204, 248, 379, 392, 411.
MiUs, Richard, 75, 121, 166, 204, 325, 348, 351,
487.
MiUs, Samuel, 487.
Minor, Mr., 458.

MitcheU, Mr., 326.
Mitchell, Thomas, 806, 367.
Moody, Sir Henrv 73.
Moore, Thomaa, 52, 66, 159, 858, '893, 406 ;
declines oath of fideUty, 51-;
deputy for Southold, 232 ;
constable, 236.
Moore, Thomas, jr., 286, 302, 313, 351.
More, Nathaniel, 397.
Morns, Capt., 355.
Morris, Thomas, 317.
Mosse, John, 91 ;
deputy for New Haven, 544.
Moulthrop, Matthew, 257, 270, 294, 349, 464,
485. "
Mullener, Thomas, 224, 254, 258, 292, 307.
Munson, Thomas, 91, 108, 129, 257, 286, 483,
484;proposes to remove to Delaware, 128 ;
deputy for New Haven, 488, 644.
Murwin,  , 252.
Mygatt, Joseph, 307.
Nash, Timothy, 286.
Nash, Thomas, 286.
Nash, John, Lieutenant, 91, 140, 226, 257, 259,
276, 286. 400, 410, 416, 446, 449, 484, 536 ;
chief military officer for New Haven, 52 ;
deputy for New Haven, 297, 360, 403, 477,
500, 513, 540 ;
magistrate, 543.
Neale, Edward, 230.
Netleton, Martha, 201.
Nevius, Johannes, 338.
New Amsterdam, extract from records of, 337.
New Haven, 2, 4, 15, 18, 36. 47, 48, 50, 58, 61,
91, 104, 119, 127, 156, 181, 388, 471 ;
to provide horses, 103 ;
college proposed at, 141 ;
vote to maintain their own deputies, 145 ;
fairs at discontinued, 147 ;
men sent from to protect Indians, 171 ;
troopers raised from, 173 ;
grammar school settled at, 370.
New Haven case stated, 617 ;
answer to, 530.
New London, 396.
Newman, Francis, 2, 3, 4, 18, 26, 29, 47, 48, 50,
58, 61, 66, 77, 100, 107, 117, 119, 121. 124, 127,
129, 132, 150, 153, 154, 158, 182,187,189,195,
198,201,226,242,258, 345;
magistrate, 1, 91, 140, 168, 213 ;
secretary, 1, 91, 140, 168, 213;
commissioner for united colonies, 111, 168.
213, 231 ;
governor, 231, 297, 359 ;
arrested at Connecticut, 309, 367 ;
iUness of referred to, 378, 384;
will of presented, 400 ;
charges of funeral borne by public, 405.
Newman, Thomas, 486.
Newman, WiUiam, 56, 61, 106, 204, 255, 301,
380; tried for sedition, 64.
Newton, Roger, autograph of, 469.
Nichols, Mr., 275, 306.
Nichols, Adam, 448.
Nicholson, Henry, 216.
Ninigret, 113, 116, 117, 153 ;
men sent against, 119.
Northampton, 190, 393.
Northrop, Joseph, 486.
Norton, Humphrey, proceedings against, 232.
Norton, John, 186, 422. jf-'
Norwalk, 61, 245, 339, 381, 461 Uonf»a
land in controversy with Staftk^^fi, 104.
Notus, Martin, 73.
Oath of fidelity, 616;
some deoUne taking, 51, 285, 802, 313 ;

INDEX.

623

Oath of fidelity , to be taken by all males of six
teen and upward, 67 ;
explained, 285.
Odell, John, 54.
OdeU, goodwife. 82.
Ogden, John, 89, 191, 356, 394.
OUver, WiUiam, 242, 322.
Osborne, Mr., 415, 416.
Osborne, Jeremiah, 208, 230, 311, 401.
Osborne, William, 485.
Osman, Thomas, 349.
Overin, John, 401.
Oyster Bay, 89, 203, 335 ;
Mr. Leveridge desires it may be admitted into
the colony, 98, 144. .
, '¦PackersJ0M)e chosen, 24.
Paine, Jorui, 407, 466.
PEne, Mercy,' 467.
Paine, WiUiam, 275, 306, 466.
Paine, Peter, and Elizabeth, 358.
Palmer, John, 416.
Palmer, WiUiam, 296.
Palmes, Edward, 341.
Parker, Edward, 54, 415, 416, 484.
Parliament, order of referred to, 55. .
Parmerly, John, 356.
Patrick, Capt., 144.
Patterson, Edward, 59.
Paugasset, 77, 148, 232, 376, 410, 478, 490 ;
propositions for settlement of, 156, 221, 361 ;
Milford objects against, 178 ;
bounds of, 222 ;
to bo deserted unless settled, 298 ;
to send in Usts, 308.
Peace, disturbers of, how punished, 198, 585.
Peakin, John, 143, 257 ; -
licensed to seU liquors, 97 ;
deputy for Southold, 92, 100 ;
-^. constable, 95.
Peck, Henry, 91.
Peck, Jeremiah, 472 ;
appointed schoolmaster, 377 ;
propositions of concerning school, 407 ^
Peck, Joseph, 264.
Peck. WUUam, Deacon, 341, 356, 400, 425, 447.
449 484.
Peirson, Abraham, 108, 301, 349, 377, 408, 455
464; one of committee to draw up history, 217 ;
action of against John Cooper, 270, 294;
desired to go to Stamford, 364 ;
autograph of, 469.
Peirson, Henry, 190.
Peirson, Stephen, 225.
Pell, Lucy, 81, 85.
Pell. Thomas, 81, 272, 277, 315, 339, 439.
Penington, Ephraim,401.
Penington, Widow, 423, 443.
Penny, Capt. John, 351, 359, 380,387;
seizes Mr. Raymond's vessel, 327.
Penoyer-Poynere, Robert, 326, 380, 383.
Pepper, WUUam, 410.
Perkins, Edward, 306, 309.
Peterson, Hanc, 216.
Petty, Edward, 285, 302, 313,351.
Pigg, Robert, 401.
Planters, how admitted, 98, 217, 610.
Piatt, Richard, 158, 203.
Plum, Robert, 15S»
Plum, Samuel, 186, 318, 347, 378, 423, 443.
Plum, widow, 179, 214.
Plymouth, 38, 75, 115, 194, 217 ;
__ letters sent to, 109, 117, 600, 541 ;
vessel belonging to, seized, 48.
PoUett, Lawrence, 73, 74.
Ponas, 459.
Post,  ", 273.
Potter, Joseph, 466.
Potter, WiUiam, 158, 252 ;

Potter, WiUiam, freed from watching, 180 ;
trial of, 440 ;
his will presented, 466, 484.
Prence, Thomas, 45.
Preston, Edward, 268, 307, 341, 345.
Preston, Hannah, 265.
Preston, Joseph, 264.
Prime, James, 264.
Prison" to be repaired, 234. .
Prudden, Peter, 137, 178, 197 ;
to preach election sermon, 66 ;
wiU presented, 203.
Prudden, Mrs. Joanna, 203, 390, 424.
Public charges, law regulating, 860, 365, 581.
Purdy, goodwife, 82.
Purrier, WiUiam, 161, 353, 858 ;
deputy for Southold, 4, 169, 403 ;
constable, 172.
Pyamikee, 104, 107.
Quakers, 364, 412 ;
laws against, 217, 238, 363 ;
proceedings against Humphrey Norton ap
proved, 233 ;
trial of Richard Crabb, 238 ;
of Edmund Barnes, 276 ;
of Arthur Smith, 291.
Rabbins, John, 251.
Rates ordered, 15, 45, 46, 104, 149, 181, 220, 238,
304, 376, 410, 457, 478, 489, 502, 642, 552 ;
measures taken for collection of, 502.
Rawlings, Alice, 394.
RawUngs, Roger, 396.
Rawson, Edward, 19, 40, 114, 195, 318, 378,
419.
Raymond, Lemuel, 347.
Raymond, Joshua, 851.
Raymond, Richard, 347, 351, 417 ;
his vessel seized, 327.
Raynor, Thurston, 192.
Reanolds, Jonathan, 216, 323.
RebeUion, law against, 677.
Records of births, marriages and deaths to be
kept, 607.
Reeves, goodman, 353.
Regicides, 415, 437, 451 ;
letter for their apprehension, 387, 419.
Rhode Island, 13, 199, 355, 499 ;
caUs in Baxter's commission, 52, 77.
Richalls, Sigismund, 274, 313, 348.
Richards, James, 516.
Richards, Samuel, 137, 485.
Richards, Thomas, 137.
Richardson, John, 122, 162, 218, 229.
Richardson, Martha, 122.
Rider. John, 299.
Rider; Thomas, 285, 302, 313, 350, 351.
Roawayton, 104.
Roberts, John, 198, 287.
Roberts, WilUam, 440.
Robinson, Walter, trial of, 132.
Rogers, James, 23, 142, 200, 206, 229, 303.
Ronkenhegue, 105.
Ross, John, 123.
Rossiter, Bray, Bryan, 440, 512, 527, 530 ;
denies authority of the colony, 429, 454 ;
his acknowledgment, 456 ;
goes to Connecticut with the New Haven
Declaration, 513 ;
petitions Connecticut, 537, 539.
Rossiter, John, 429, 440, 612 ;
tried for sedition, 436, 454 ;
acknowledgment of, 456.
Rotherford, Henry, 202, 317, 411.
Row, Mathew, 485.
Roxbury, 122.
Rudd, Jonathan, 252.
Rugg, Robert, 204.
RusseU, WiUiam, 257, 357, 485.

624

INDEX.

Sabbath breaking, how punished, 605.
Sagatuck, 106.
Salaries granted, 16, 99, 181, 221, 236, 804, 364,
405,472,490,504.
Salem, 62, 97, 327, 355, 359,417.
Sandford, Thomas, 183, 389.
Sargant, John, 186.
Saybrook, 252, 275, 355, 410.
Scarbrough, [Edmund,] 58.
Schools, law concerning, 219, 301, 583 ;
colony, laid down, 471, see Education.
Scofield, Daniel, 320, 486.
Scott, John, 89, 92, 497, 510, 515, 540, 650 ;
to obtain patent for Delaware, 615.
Scott, Philip, 277, 346.
Scott, Thomas, 164.
Scranton, John, deputy for Guilford, 513.
Seal procured for the colony, 147, 186.
Seatauket, 348, 400.
Sedgwick, Major Robert, 100, 107, 180.
Seely, Robert, 66, 89 ;
captain against the Dutch, 108;
sent to Long Island, 118 ;
Against Ninigret, 120 ;
petitions for pay, 128 ;
Seely, Nathaniel, 317.
Seely, widow, 348.
Servants not to be sold out of the colony, 177.
Shawe, Edmund, 193.
Sheafe, Mrs., 307, 309, 315, 355, 449.
Sheather, John , 539 ;
tried for sedition, 439.
Shelter Island, 89, 190, 364.
Sherman, Samuel, 549.
Sherrington, Thomas, 83, 86.
Sherwood, goodwife, 79, 84, 87.
Ship Susan, 387, 417.
Shoes, complaint of prices of, 215;
to be made of standard sizes, 301, 361 ;
to be made of good leather, 597.
Silvester, GUes, 90, 190. -
Silvester, Capt. Nathaniel, 89, 92, 122, 190, 364,
380,412. ' ' '
Simkins, Daniel, 325.
Simkins, Vincent, 159.
Single persons not to Uve by themselves, 608.
Skidmore, Richard, 348.
Slawson, George, 76, 105. 163, 243, 319, 336;
deputy for Stamford, 215, 500 ;
marshaU for Stamford, 304.
Smith, Arthur, trial of, 291.
Smith, George, 224, 260. 262, 485.
Smith, Richard, 348, 400, 499.
Smith, Thomas, 539.
Smith, WUUam, 237.
Solman, WilUam, 350, 353.
Southampton, 121. 190.
Southold, 4, 15, 67, 92, 96, 97, 98, 103, 104,118,
120, 149, 169, 169, 173, 214, 218,291, 299,350
360,392,411,452,483;deputies appointed for, 2 ;
constable appointed for, 95, 172, 215, 236, 304 ;
complaint of wrong done to Indians at, 16 ;
sundry at, refuse oath of fideUty, 51, 285,
302,313; disorders at, 17, 51, 93, 434 ;
magistrates sent to, 66, 143 ;
military officers chosen for, 97 ;
proposal to set up steel works at, 153 ;
marshal to be chosen for, 215 ;
desires to repurchase Mattatock, 233, 302 ;
Quakers disturb, 233 ;
' 'commissioners for, 406, 456 ;
court send orders to, 456 ;
accepted under government of Connecticut,
466.
Spencer, Hannah, 184, 154.
Spenning, Spinage, Humphrey, 128, 202, 306,
411.
Sperry, Richard, 262. I

Squire, goodwife, -84.
Stamford, 43, 48, 50, 53. 58, 68, 75, 92,104,119,
122, 128, 134, 141,1145, 149, 159, 163, 176, 189,
204, 242, 256, 293, 297, 300, 326, 351, 361, 366,
452, 465, 471, 478, 483, 501, 550 ;
constable chosen for, 2, 304, 369 ;
deputies chosen for, 96, 147, 172, 214, 235,
405,452,489; request pay for their soldiers, 16 ;
disorders at, 23, 47, 48, 55, 59, 95, 177, 215,
303,313,434, 478;
magistrates sent to, 44, 363, 452, 457 ;
marshaU chosen for, 215, 304 ;
land in controversy between Norwalk and,
cora£llmB*o£ Greenwich, 144i
troopers raisjfl from, 173 ;
propositioES-©f, -462 ;
John Whitmore murdered atj*
accepted under Connecticut,
Stanton* Mr.j_105.~ -
Stantwiy-Tnomas, 119.
StaplesVThomas, 288, 306 ;
Mr. Ludlow slanders wife of, 77, 122.
Steedwell, Thomas, 216.
Steele, Samuel, 379, 449.
Stendam, Mr., 416.
Stephens, Stevens, John, 539.
Stephens, Sjmon, 397.
Stephens, Thomas, 109, 431, 539.
Stephens, WiUiam, 434, 539.
Sterling, Lord, 300.
Stiles' Judges, error in, corrected, 438.
StiUwell, Jasper, 257.
Stocke, goodwife, 123.
Stokey, goodman, 380.
StoUon,Mr., Mrs., 306.
Stone, Samuel, 466, 468.
Stone, WiUiam, 286, 418, 438, 449.
Story, John, 411.
Strang, John, 318. -"~'~
Stratford, 121, 149, 150, 256, 309, 340, 367, 418,
490; witch executed at, 81, 85.
Strays, law concerning, 155, 236, 609.
Street, Nicholas, 377, 408, 455, 514, 622.
autograph of, 469.
Swaine, Samuel, deputy for Branford, 2, 4, 18,
36, 47, 50, 58, 68, 96, 141, 148, 153, 169, 172,
195, 214, 215, 232, 298, 403, 418, 422, 429, 451,
477,500,513;chief military officer at Branford, 52.
Swasey, John, 285, 302, 313, 351.
Swearing, prophane, how punished, 696.
Synod, Massachusetts appoints, 195.
Talcott, Mr., 368.
Talcott, John, 448, 496.
Taphanse suspected of murdering John Whit
more, 458, 478.
Tapp, Edmund, 90.
Tapp, Mrs., 290, 386.
Tapping, James, 389.
Taquatoes, 459.
Taylor, Gregory, 135, 141, 487.
Taynter, Charles, 120.
TerriU, Roger, 202.
Terry, goodman, 353.
Thanksgiving days appointed, 154, 194, 270,
327, 383, 425, 465, 502. w
Theale,  , 67.
Thell, Nicholas, 293.
Thomas, John, 199.
Thorpe, goodwife, 29, 35, 152.
TibbaUs, Serjeant, 108.
Tichenor, goodwife, 86.
Ting, Mr., 307.
Tinker, John, 396.
Tobacco, not to be taken in streets, 148
Tod, Grace, 543.

INDEX.

625

Todd, Christopher, 251, 275, 806, 416, 447.
Todd, John, 430.
Tompkins, Michael, 158, 280, 449.
Tompson, Anthony, 139.
Tompson, John, 80, 84, 128, 158, 198, 248, 315,
olo.
Tompson, WiUiam, 401.
TomUnson, Henry, 230;
charged with disturbing Milford, 182 ;
fined, 185 ;
sentence respited, 207 ;
action against for forfeitures, 255, 284 ;
causes governor Newman's arrest at Connec
ticut, 309, 367.
Tooley, Edmund, 295, 390, 464.
Towns to provide for their magistrate and dep
uties, 49.
Town meetings, persons not to depart from
without leave, 172.
Treate, Robert, 72, 75, 179, 203, 233, 377, 384,
889, 425, 429, 440, 449, 455, 458, 477, 483, 497
^-500, 504, 516. 536, 640 651 ;
- deputy for Milford, 2, 4, 18. 36, 47,!50, 58, 68,
92„-100, 107, 117, 119, 127, 141, 153, 169, 281
Ueutesajit for Milford, 99 ;
freed fromwafcching, 177 ;
,inagistrate, 297, 359, 402, 451, 543 ;
"captain for Milford, 410 ;
autograph of, 469 ;
commissioner to Hartford, 542.
TredweU, Edward, 350.
Troopers, to be raised, 173, 218, 365, 503';
to train four times a year, 302 ;
order concerning" repealed, 489, 550.
Trowbridge, WUUam, 269,. 307, 341, 608.
Trye, [Michael,] 83.
Tuckee, George, 67, 351.
Tucker, John, proposes to make steel, 153, 353.
Turry, Thomas, 452, 456, 478.
Turner,  , 163.
Turner, Edward, 265, 268.
Turner, Lawrence, 216.
Turner, Robert, 217.
TuttiU, Henry, 97.
Tuttill, Thomas, 139.
Tuttle, WUUam, 292.
Uffit, IJffoot, John, 201, 209, 418.
Unit, Thomts, 418.
Uncas, 460.
Underbill, Capt. John, 27, 62, 400.
Usher, Elizabeth, 293.
Usher, Robert, 293, 483 ;
constable for Connecticut, at Stamford, 466.
Van Brugge, Carell, 337.
Van Goodenhouse, Samuel, 133, 194, 255, 341,
387, 416.
Varllier, Jan, 216.
Vicars, Anne, 199.
Vicarson, Philemon, 291.
Vincent, John, 357.
Vincent, Peter, 137.
Virginia, 58, 69, 121, 142, 206, 228, 317.
Vowles, Richard, constable for Connecticut, at
Greenwich, 466.
Wadsworth, WiUiam, 448.
Wakefeid, John, 400.
WakeUng, Henry, 418.
Wakeman, Esburne, 391.
Wakeman, John', 148, 170, 198, 203, 258, 259,
286, 302, 305, 306, 310, 356, 379, 400, 405, 453,
472; treasurer, 140, 168, 214, 231, 297, 359 ;
deputy for New Haven, 141, 153, 169, 195,
214,231,360; . . - '
declines magistracy, 402 ;
about to remove, 416 ;
his will, 447.
79

Wakeman, Samuel, 306, 448, 463.
Walker, Mr., 276.
Walker, John, 357.
Walker, Mary, 401.
Ward, Andrew, 80, 83 ;
Ward, Hester, 80, 85.
Ward, Josias, 208, 295.
Ward, John, 428, 445.
Ward, Lawrence, 186, 236, 300, 389, 452 ;
deputy for Branford, 96, 100, 107, 117, 119,
127, 148, 172, 231, 298, 403,418, 422, 429,451,
477,488,500,544.
Ward, Samuel, 208.
Warlock, John, 390.
Washborne, Mr., 90.
Waterbury, John, 159, 165, 229, 243, 487 ;
deputy for Stamford, 215, 235.
Waters, Anthony, 349.
Waters, Joseph, 206, 273, 452.
Watson, Edward and Grace, 401.
Webb, Richard, 61, 67.
Webb, goodwife, 123.
Weeden, Thomas, 230.
Welch, Thomas, 90, 424, 444. ;
deputy for Milford, 92, 100, 107, 117, 119, 127,
141, 153, 213, 231, 297, 403, 418,422, 429, 488,
500, 544.
WeUes, Mr., 80, 117, 490.
WeUs, WilUam, 97, 160, 173, 300, 302, 348, 350,
851,363,358,392,397,400,413;deputy for Southold, 4, 298 ;
constable, 215, 304;
letter received from, 51, 478';
desires to be freed from office, 96.
Westall, John, 199, 294,. 309, 349, 355, 465.
Westerhouse, WiUiam. 133, 162, 194. 255, 487.
Wetherell, Daniel, 411.
Wethersfield, 296, 444.
Wheadon, Thomas, 250.
Wheeler, Thomas, 203, 232, 272, 384, 418, 440,
444,603; desires to unite with the colony, 490.
Wheeler, Elizabeth, 203.
Wheeler, John, 317.
White, Ann, 192.
Whitehead, John, 208.
Whitehead, Samuel, 91. 108.
Whitfield, Henry, 197, 301, 806.
Whitfield, Nathaniel, 426.
Whithar, Abraham, 398.
Whiting, Mr., 544.
Whitiocke, goodwife, 84.
Whitman, Joseph, 160.
Whitman, Mrs., 290.
Whitman, Zachariah, 264, 266, 280, 289, 390.
Whitmore, John, 159, 458.
Whitnell, Jeremy, 29, 306.
Whitney, Henry, 350.
Whorce,  , 71.
Wigglesworth, Edward, 23, 90.
Wigglesworth, widow, 102.
Wilford, John, 186.
Willard, Major, 153.
Willet, Thomas, 499.
WilUams, goodwife, 208.
WilUams, 'Roger, 181.
Willman, Isaac, 192.
Wills and inventories, law concerning, 612 ;
presented, 90, 138, 158, 186, 202, 257, 286,
293,356,400,446,483.
Wilson, Edward, 133.
Windes, Barnabas, 97, 292, 368, 400.
Wines and Uquors, impost on, 145, 234, 452,
591.
Winslow, Josiah, 496.
Winston, John, 445.
Winthrop, John, 467, 471, 474, 496, 501, 517;
invited to remove to New Haven, 120 ;
his letter to Major Mason, 498.
Winthrop, Waite, 512.

626

INDEX.

Witchcraft, law against, 576 ;
Elizabeth Goodman suspected of, 29, 151 ;
.Goodwife Staples accused of, 77 ;
-^Goodwife Knap hung for, 78 ;
^Goodwife Bassett executed for, 81 ;
Thomas Mullener suspects, 224. ,
Witnesses, law concerning, 614.
Wolcott, Henry, Mr., 274, 306, 516.
Wolves, reward for kilUng, 615.
Wood, Capt., 91.
Wood, George, trial of, 187.
Wood, John, 209, 464.
Wood, Jonas, 121, 139, 149, 190, 247 ;
agent for Huntington, 236, 299.
Woodward, Lambert, 189.
Wooster, Edward, 298, 362.

Wyllys, Samuel, 300, 466, 476, 478, 495, 512,
516, 544 ;
present at Mr. Rossiter's trial, 454.
Vale, Thomas, 370, 484.
Tew, Thomas, 190.
Youngs, Rev. John, 52, 143, 158, 161, 234,
348;letter received from, 66.
Youngs, Capt. John, 56, 89, 93, 220, 369, 392,
397,400,412,478;
makes disturbance at Southold, 51 ;
commissioner for Southold, 406 ;
deputy for Southold, at Connecticut, 465.
Youngs, Joseph, 93, 285, 302, 313, 351, 358.