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THE
PUBLIC EECORDS
F
.V.I
COLONY OF CONNECTICUT,
PRIOR TO THE UNION WITH NEW HAVEN COLONY,
M A Y , 1 6 C 5 ;
TRANSCRIBED AND PUBLISHED, (iN ACCORDANCE WITH A RESOLUTION
OF THE GENERAL ASSEBIBLY,) UNDER THE SUPERVISION
OF THE SECRETARY OF STATE,
WITH OCCASIONAL NOTES, AND AN APPENDIX ;
'^•^■k-x-y.^^.^^^
By J. HAMMOND TRUMBULL,
COR. EEC. CONX. HIST. SOCIETY ; COR. AI£MB. JT. YORK HIST, SOCIETY, ETC
HARTFORD:
BROWN & PARSONS.
1850.
DOEsS NOT CIRCULATE
At a General Assembly of the State of Connecticut, holden at Hartford, in
said State, on the first Wednesday of May, in the year of our Lord, one
thousand eight hundred and forty-nine:
Resolved, That the Secretary of State be authorized to purchase for the use of the State, two
hundred and fifty copies of a publication of the Public Records of the Colony of Connecticut,
prior to the union with New Haven colony, under the Charter of 1662. Provided, that such
publication shall be made with the approval, and under the supervision of the Secretary, and
shall be authenticated by his official certificate as a true and literal copy of the original record ;
and provided also, that the expense of the same shall not exceed two dollars per copy ; and that
the literal copy of the original record, above specified, be deposited with the Secretary of State,
for the use of the State.
Resolved, Tliat the copies so purchased be distributed by the Secretary, as follows ; one copy
to the town clerk of each town in this State, to be preserved in his office, for the use of the town ;
one copy to the Governor and to each of the State Officers of this State ; one copy to the Gov-
ernor of each of the several states and territories, of the United States; one copy to the library
of Congress ; and the remainder of said two hundred and fifiy copies, to be deposited in the office
of the Secretary of State, subject to the disposal of the General Assembly.
PRESS OF
CASE, TIFFANY & CO.,
HARTFORD, CONN.
PREFACE.
The early annals of a State require no formal introduction to
the descendants of its founders. If the transcriber have well accom-
plished the task which a love of the olden time impelled him to
undertake, and which the liberality of the Legislature supplied, in
part, the means of prosecuting, no doubt can exist as to the favorable
reception of the volume now presented to the citizens of Connecticut.
The value which may attach to it must, of course, mainly depend
upon the degree of confidence entertained in its accuracy as a ' true,
full and literal copy of the original Record.' The professions or
assurances of the transcriber, could do little to impart such confi-
dence ; nor could they give additional weight to the certificate of
official authentication, or to such internal evidence of reliability as,
it is hoped, a careful perusal of the volume may supply.
A notice of the condition and arrangement of the original records,
and of the plan adopted by the transcriber in the construction of this
work, may not, however, be deemed inappropriate.
The first volume of the Colony Records is in three parts, origin-
ally bound in as many separate volumes. The first of these consists
of the records of the General and Particular Courts, commencing
with the session held at Newtown, (Hartford,) April 26th, 1636,
(by the magistrates commissioned by Massachusetts, to ' govern the
people at Connecticut,'*) and closing with the December session of
the Court of Magistrates, 1649. Next following, (separated by a
few blank pages from the Court Records,) are the records of Wills
* The commission " to several! persons, to govern the people at Connecticutt for the space
of a year [then] next coming," was granted by tlie General Court of Massachusetts, March 3d,
1635(6,) — after consultation with John Winthrop, then lately " appointed governor by certain
noble personages and men of quality, interested in the said River, which are yet in England."
The commissioners named were Roger Ludlow Esq., William Pincheon Esq., John Steele, Wil-
liam Swaine, Henry Smith, William Phelps, William Westwood and Andrew Ward. See the
commission, at length, in Hazard's State Papers, Vol. 1, p. 321.
IV PREFACE.
and Inventories. The remainder of the volume contains Grants and
Conveyances of Lands, by towns and individuals, some of which are
of as recent date as 1702 ; the greater part, however, having been
transcribed from the several town records, between 1662 and 1690.
These have not been included in the present publication, the propo-
sed limits of which would not admit of their insertion, and the
omission being regarded of the less importance, as copies of most of
them are to be found elsewhere, and as the interest which attaches
to them is mainly local or personal. Six pages of recognizances
and bonds for prosecution, of various years, entered at the begin-
ning of the volume, preceding the first page of the Court records,
have likewise been omitted, in publication.
The second volume contains the records of the General Court from
February, 1650, to October, 1669; — and at the other end of the
book, separately paged, is recorded the Code of 1650, with such ad-
ditional orders ' of general concernment,' as were, from time to time,
passed by the General Court.
The second volume of the records of the Particular Court, or
Court of Magistrates, comprising a period of about thirteen years,
(from January, 1650, to June, 1663,) and including the Probate
Records, long since disappeared from the Secretary's Office, and is
supposed to be irrecoverably lost. The third volume, commencing
June, 1663, and containing, at one end, such Wills and Inventories
as were brought for record between that date and Sept. 1677, was,
some years since, rebound, and lettered, " Probate Records, Vol.
III. — County Court."
In transcribing the first volume for the press, occasional changes
of its arrangement have been deemed advisable, for the purpose of
facilitating reference, and to preserve chronological sequence. Thus,
the Constitution of 1639, has been transposed from the end of the
volume, to its proper place, preceding the record of the April Court :*
the wills and inventories recorded prior to 1644, have been brought
together, at the end of the Court Records, and placed with others
subsequently recorded :f the records of such sessions of the Court
as were entered by the Secretary after others of subsequent date,
have been restored to their proper order. These, with other similar
changes, have been made with less hesitation, from the fact that the
paging of the original has been carefully retained, at the side of each
printed page.
♦ Pages 20-26. t See note, on page 442.
PREFACE. V
The names of magistrates and deputies, and of jurors in the sev-
eral courts, are, in the original, recorded on the margins of the pages.
To retain this arrangement, in the printed copy, would have been, on
many accounts, inconvenient. The names of the members of the
court have therefore been placed, in double columns, at the com-
mencement of each session.
While the orthography of the original has been preserved through-
out, it has not seemed necessary to adhere as closely to the anoma-
lous punctuation, or the use of capital letters, practised by the early
recorders. To have done so would have increased the difficulties
of perusal and materially detracted from the interest of the volume
to the general reader. Yet the liberty taken in these particulars
has been cautiously used, and in all cases where the sense of the
original could be affected by the change of position or interpolation
of a comma or period, the record has been printed precisely as orig-
inally punctuated.
The more common abbreviations employed in the work, require
no explanation. Nor will it be necessary to inform those who are at
all conversant with old manuscripts, that a single m or n, with a cir-
cumflex or dash above it, (m or fi) was frequently substituted for the
double consonant ; — or that the same mark placed above a vowel indi-
cated the omission of the consonant, (usually m or n,) immediately
following ; (as fro {ov from, tio for tion, at the end of a word.)
Where portions of the original are wholly or in part obliterated,
the missing words (when obviously indicated by the context,) have
been supplied by the transcriber. Such words are, in all cases,
included in brackets. If the word to be supplied has seemed at all
doubtful, or if the record could possibly have admitted of a different
reading, the portion in brackets has been italicized or is followed by
a mark of interrogation. In a few instances, where a slip of the
recorder's pen has occasioned an evident error in the original, the
correction has been suggested in a foot note, or indicated by an itali-
cized word, placed in brackets, with an interrogation mark.
In two instances only, slight changes have, for obvious reasons,
been made in the language of the record. In one case, (on page 55,)
a few words, (in brackets,) have been substituted, as of less excep-
tionable phraseology than the original : in the other, (on page 157,)
the omission of a line is indicated by a note at the foot of the page.
Such extracts from the Records of the United Colonies as have
been occasionally introduced in the notes and appendix, have been
made from the manuscript (cotemporary) copy preserved i/i the Sec-
VI PREFACE.
retary's Office. Numerous errors, especially in dates and names,
occur in the copjr of these records published in the second volume
of Hazard's State Papers, — to which publication, however, it has
in some cases been found convenient to refer, by page.
When the publication of this volume was first proposed by the
transcriber, and at the time of securing a legislative appropriation
for its encouragement, an accurate copy of the original was all that
was contemplated. In the course of publication, however, the lib-
erty has been taken of introducing an occasional note, explanatory
or illustrative of the text, — and a number of interesting historical
documents, not previously published, have been included in an Ap-
pendix. Two Indexes, of names and subjects, have also been pre-
pared, which, if less copious and complete than the antiquarian or
genealogist could wish, it is hoped may in some degree facilitate
their researches, and aid the general reader to refer to the contents
of the volume. Fac-similes of the autographs of members of the
first Court of Election under the Constitntion of 1639, and of Magis-
trates chosen at the Union of the Colonies, in 1665, have been pre-
pared with all possible care and accuracy, from originals collected
in part from early files in the State Department, and in part from the
town records of Hartford, Wethersfield and Windsor. Fac-similes
of portions of the original records, in the hand writing of each of the
secretaries* who held office prior to the Union, have also been intro-
duced. These additions, and the consequent increase of the cost of
publication, will account for the advance upon the original subscrip-
tion price, at which the remainder of the edition is offered to non-
subscribers.
However imperfectly the task of the transcriber may have been
accomplished, it is hoped that succeeding Legislatures may not
thereby be deterred from lending their aid to the prosecution of a
work, alread)'' too long delayed, of which this volume is to be re-
garded only as the commencement ; — that of giving to the public, in
* A reference (upon the fac-siinile, facing page 9,) to John Steel, as 'Secretary' of the col.
ony, from 1636 to J639, may require a word of explanation, — as his appointment to that office
is no where mentioned in the record. A comparison of the first pages of the Colony Records
with the early records of Hartford and Farmington, during the period Mr. Steel was recorder of
those towns, leaves no doubt of the identity of the hand writing. The chirography of Mr. S. was
eomewhsit peculiar (as may be seen by inspection of the fac-simile of an unusually legible speci-
men of it,) and cannot well be mistaken. The first four, part of the fifth, and the tenth pages of
the first volume are in this hand. Pages six to nine, inclusive, are in a different, and far more
legible hand, — possibly that of Mr. Clement Chaplin, whom Dr. Trumbull concludes (in Hist, of
Conn., 1. 95,) to have been "the first secretary." There are, however, upon all of these pages,
occasional interlineations and additions, in the hand writing of Mr. Steel.
PREFACE. VU
a permanent form, and thus securing the preservation of all the
early records of the Colony, prior to 1700, — together with such co-
temporary documents of historical value or interest, as are preserved
in the State Department. These latter constitute a large portion,
indeed, almost all that yet remains to us, of the documentary history
of the colony for the first half cetitury succeeding its settlement. Of
comparatively few of them are copies, even in manuscript, extant, —
and the loss or injury of the originals would therefore be utterly irre-
parable. And yet, whatever precautions may be taken to ensure
their preservation, by placing them beyond the reach of ordinary
accident, no care can enable them much longer to withstand the
ravages of time. As the ink fades and the paper crumbles, the
work of transcribing not only becomes more difficult, but leads to
less accurate and reliable results. Whatever is to be done to per-
petuate these early annals of our state and memorials of its founders,
should be done soon.
J. H. T.
Hartford, March 1st, 1850.
CONTENTS.
PAGE
Records of the General and Particular Courts, from April, 1636, to
December, 1649, [from Vol. I., pp. 1-209.J ... 1
Records of the General Court, from Feb., 1650, to May, 1665,
[from Vol. II., pp. 1-205.] ... 204
Record of Wills and Inventories, 1640 to 1649,— [from Vol. I.] 442
Code of Laws, established by the General Court, May, 1650, . 509
Certificate of the Secretary of State, 554
Appendix :
No. I. Letter from Sir Wm. Boswell, relating to encroach-
ments of the Dutch, 565
No. II. The articles of combination with Southampton, (L. I.) 566
No. III. Respecting the agreement with Mr. Fenwick, . 568
No. IV. The claims of Massachusetts to the Pequot country, 570
No. Y. Letter from Connecticut to Easthampton, . . 572
No. VI. Respecting the settlement of accounts with Capt. John
Cullick, 573
No. VII. Abstract of the will of George Fenwick, . . . 574
No. VIII. Letter to the Comm'rs of the U. Colonies, complaining
of affronts received from the Narragansetts, . 576
No. IX. Letters from Mr. William Goodwin, respecting Gov.
Hopkins' Legacy, 578
No. X. Instructions to Gov. Winthrop, agent for procuring the
Charter ; Address to the King ; and Letter to the
Earl of Manchester, 579
No. XL Petition of Mrs. Ehzabeth Culhck, to the General
Court, 1663, 585
No. XII. List of documents relating to the Union with New
Haven, 586
Index of Names, .' 591
General Index, 597
COLOIIAL RECORDS.
[volume I.]
[1] A CoRTE HODDEN ATT NeWTON 26 APR. 1636.
Roger Ludlowe Esqr., Mr. Westwood,
Mr. Steele, Mr. Warde.
Mr. Phelpes,
It was now complayned y* Henry Stiles or some of the ser-
[vants] had traded a peece w^'i the Indians for Corne. It is
ordered y^ [the] saide Henry Stiles shall, betweene & the next
Cort, regaine [the] saide peece from the saide Indians in a
faire & legall waye, or els this Corte will take it into fmiher
consideracon.
It is ordered y* from henceforth none y* are w^hin the Juris-
dic[tion] of this Cort, shall trade w^ii the natiues or Indians
any peece or pistoll or gunn or powder or shott, vnder such
heavie penalty as -vppon such misdemeanor the Corte shall
thinke meete.
Constables sworne, for Dorchester, Newtowne & Water-
towne, for this next yeere and vntill newe be chosen, are Henry
Walcott for Dorchester, Samuell Wakema for Newtowne <fe
Daniell Finch for Watertowne.
Whereas there be divers strange Swine in the seui'all plant-
aeons yt their owners are not knowen & yet doe & are likelie
to Comitt many trespasses. It is therefore ordered y* the saide
plantacons shall forthw^ii take notice of them & their markes,
& giue speedy notice amonge the plantacons both of them &c
their mi'kes & if in a fortenight noe owners come forth then
the saide plantacons or plantacon where such Swine are, may
appraise them att a value & sell them & take the money to
2
PUBLIC RECORDS
some publicke vse of the saide plantacon, vnlesse their doe
w^hin one whole yeere after app"" a true owner & then the
money it was sould for is to be restored, poinded alwaies y*
when the owner app»' before the money or Swine be redeUu^'ed
there be deducted such SoiTies & Chardges & trespasses as
haue beene comitted & expended in & aboute him or them.
It is hkewise ordered if any Swine stray from oute their
owne Plantacon into another they shalbe subiect [to] the
orders y^ are there made concerninge Swine.
Whereas there was a dismission granted by the C[hurch] of
Waterton in the Masachusetts, dated 29^^ of Ma[ ] last to An-
drewe Warde, Jo : Sherman, Jo : Stickland, Rob'te Coo, Rob'te
Reynold & Jonas Weede, w^h intent to fbrme a newe in a Ch :
Coveniite in this River of Conectecott, the saide p'ties haue
soe accordingly done w^i^ the publicke allowance of the rest of
the members of the saide Churches, as by certificate nowe
prduced apprs. It is therefore in this p^sent Cort ratified &
confirmed, they p^missing shortlie publicquely to renewe the
[said] Covennte vppon notice to the rest of the Churches.
A CORTE HELD ATT DoRCHESTER, JuNE 7^^, 1636.
Mr. Ludlowe, Mr. Westwood,
Mr. Steele, Mr. Warde.
Mr. Phelpes,
Whereas, the last Corte Henry Stiles was ordered to regaine
[a] peece he had traded w^h the Indians w^^ doth not appf
that he hath done. It is ordered that a warr* shalbe directed
to him to prforme the same by the next Cort & and then p>-son-
ally to app'' [&] answere his neglect,
; It is ordered yt there shalbe a sufficient Watch maynte[ined]
in every towne & yt the Constable of each Towne shall d[uly]
warne the same & see y* the inhabitants or residents doe
seu^ally in their Turne observe the same accordinge as [the]
Inhabitants doe agree, w«h said watch shall begin & end w^
the Courte or magistrates shall thinke meete.
It is ordered yt Samuell Wakeman & Geo : Hubberd shall
[survey] the breadth of the plantacon of Dorchester howe
OF CONNECTICUT. 3
farre [it] shall extend aboue Mr. Stiles & shall certifie vnto
the [next] Corte their pfceedinges herein to th' end it may be
then confirmed, and y*^ they shall haue from the saide Towne
satisfaccon for their paines. And the saide Samuell Wake[man]
shall doe the Uke for Watertowne in their bredth toward [the]
mouth of the River & have the like satisfaccon. And this
done w^iiout faile before the next Corte vppon peine [ofj
40*'^ shillinges of each heade y^ shall faile therein.
It is ordered that every souldier in each plantacon shall haue
in his howse in a readines before th' end of August next twoe
pounde of powder, & y* they shall shew it to the Constable
whenever he shall call them vnto it vppon the penalty of Xs. for
every failure w^h is presentlie to be le[vied] by the saide Con-
stable w^hout [resistance] as alsoe 20 bul[letts of leade in the
like readines vppon the same penalty and in the same manner
to be levied.]
[2] A Corte held att Watertowne 1° T^"", 1636.
Roger Ludlowe Esq''., Mr. Wm. Phelps,
Mr. Jo : Steele, Mr. Wm. Westwoode,
Mr. Wm. Swaine, Mr. Andr: Warde.
It is ordered y^ the order concerninge Powder & BuUetts,
of the 7th of June last be nowe p^sentlie published in the
seu''all plantacons & y* there be respite given vntill th'end of
this instant moneth & then to be putt in execucon w^^^out faile.
Whereas there was tendered to vs an Inventory of the estate
of Mr. Jo : Olda w^^ seemed to bee somewhat vncerteinely
valued, wee therefore thinke meete to, & soe it is ordered, that
Mr. Jo : Plum & Rich : Gildersleeue togeather w^h the Con-
stable shall survey the saide Inventory and prfect the same be-
fore the next Corte & then to deliu"^ it into the Corte.
It is ordered y* Thurston Rayner as he hath hitherto done
soe shall continue to looke to &c p""serue the Corne of Mr. Olda
& shall inn* the same in a seasonable tyme & shall bringe
an Accompt the next Cort what quantitie there is of it as alsoe
of his labor & then the Cort will out of the same allott vnto
him soe many bushells as shalbe reasonable for his paines &
'Inn ; to house, to put under cover. Webster.
4 PUBLICKECOBDS
labor. And in the meane if he hath vse of some for his owne
spendinge to take some w^h shalbe then deducted out of what
wilbe due to him. And then the Cort will give finall order con-
cerninge the same.
It is ordered y* every plantacon shall traine once in every
moneth, & if vppon complainte of their military officer it app"
that there bee divers very vnskilfuU the sayde plantacon may
appointe the officer to traine oftenerthe saide vnskillfull. And
yt the saide military officer take veiwe of their seu'all Armes
whether they be seruiceable or noe. And for default of every
souldiers absent the absent to paye 5s. for every tyme w^J^out
lawfuU excuse w^hin 2 dayes after tendered to the Com^s or one
of them in the saide plantacon. And for any default in Armes
vppon warnings to them by the saide officer to amend the
same &; a tyme sett & if not then amended by the tyme ap-
pointed, Is. every tyme. And where Armes are wholly want-
inge to be bounde over to answere it at the next Corte.
Whereas it applied by a wrytinge vnder hand of Mr. Olda
that twoe of the mares y* are nowe seized vppon by DanielJ
Finch Constable of Watertowne, as Mr. Oldames goodes, are
the goodes of Mr. Tho : Allen. And therefore it is ordered
that the said mares shalbe deliu'ed to the saide Mr. Allen into
his owne possession or his assignes.
It is ordered by consent of S^ieant Seely pi* against the
inhabitants of the Towne of Watertowne deft'S, yt a Jurer
shalbe w^^^drawen, and y* the defts doe vndertake to p^'duce aijt
order wherein they will make it appJ" yt it was ordered yt if
the inhabitants of the saide Towne did not remoue w^^ their
Families to Conectecott by th' end of this instant moneth or
els there was noe pi'priety due to them in the devident of the
landes of the saide Towne & y*^ the hand or the consent of
the saide Willm Bassum is herevnto. And if the saide order
be not pt'duced here to the Corte by the 2^ Cort after this the,
Inhabitants are to pay the pl^^ damages.
The first of November, 1636. '
S^ieant Seely pl<^«.
Inhabitants of Watertowne defts.
The Jury finde for the pl^e that hee is to have as an adven-
OF CONNECTICUT. O
turer & as a man that was in the Condicon that Bassam vnder
whom he claymed was in. ^
Guilford, June 16 : 1665.*
This is to certify unto all whom it may concerne, that vpon his
certaine knowledge, by the advice of the Court, Wethersfeild men
gaue so much unto Sowheag as was to his sattisfaction for all their
plantations lyeing on both sides the great Riuer, w"'^the Islands, viz.
six miles in bredth on both sides the Riuer, & six miles deep from
the River westward, and three miles deep from the Riuer eastward.
Thus testifyeth George Hubbard. By me George Hubbard.
Taken upon oath Before me Willm Leete ;
This is a true coppy of the originell being examined & com-
pared therewith this 18 of May, 1667, p' me
John Allyn: Secret'y.
[3] A CoRTE HELD ATT Newe Towne 8^' 4^0, 1636.
Mr. Ludlowe, Mr. Phelpes,
Mr. Swaine, Mr. Westwoode,
Mr. Steele, Mr. Warde.
It is ordered that a Warrant be directed to Daniell Finch to
suinon Rich : Gildersleeue to app' the next Corte or other
meetinge of the Com" to bringe in an Inventory of Mr. Old-
ames estate w<=h was sometyme in his handes as alsoe to smTion
any other to appf that hath in his handes or canne declare
where any of th' estate of the saide Mr. Olda is yt is not as
yet revealed.
A Corte held att Newe Towne 1° Novemb'', 1636.
Mr. Ludlowe, Mr. P.helps,
Mr. Pyncheon, Mr. Westwoode,
Mr. Swaine, Mr. Warde.
Mr. Steele,
It is ordered that Sneant Seely shall betweene this & the
next Corte consider of such noates & Inventories as haue
come to his handes or knowledge concerninge the estate of
* This certificate, is inairtod at the foot of the 2cl Page of the original, in tlie hand writing
of Mr. Allyn.
2*
PUBLIC RECORDS
Mr. Oldam &, then deliuer them into the Corte vppon oath &.
iupthe meane to pi'duce any noate or Inventory to Mr. Swayne
& Mr. Warde that he hath or cann come by y* may make for
the furtherance of the discouery of the estate of the saide Mr
Olda, to th' end the Cort may then p^ceede in yt business as
they shall see cause.
It is ordered #y* S^ieant Stickland is to haue for 7 days ser-
uice to the Rivers mouth, aboute Cattle of Mr. Michell & the
lo : or their Agents, 21s. The rest y* went in the same seruice
14s. a peece, every Plantacon to defray the chardge of their
owne men for the pi'sent &c yt the constables shall make a rate
to that purpose.
It is ordered that Mr. Clement Chaplin shall take into his
Custody the goodes of Mr. Oldam deceased, according to an
Inventory in Corte & in the Custody of Daniell Finch & he
the saide Mr. Chaplin is to be responsiue for them as the Corte
shall thinke meete, & if the saide Mr. Chaplin thinke meete
he may sell them or any of them.
It is ordered y^ Jo : Reeues is to retorne to his M'', Mr. Stiles
whoe hath his Indenture & the saide Mr Stiles is to pay
Willin Quicke 15s. for his passage, if not the C[orte] will take
order in the same as they shall see meete.
A Corte at New Towne 27 Dec. 1636.
Mr. Ludlowe, Mr. Westwoode,
Mr. Swaine, Mr. Phelps,
Mr. Steele, Mr. Warde.
It is ordered y* Daniell Finch shall haue for sixe dayes im-
ploym* about Mr. Oldames estate & a Corte 13s. — 6.
It is ordered yt Mr. Clement Chaplin shall diligenthe inquire
after any the goodes of Mr. Oldam deceased & if there bee
any p>-son or p^sons yt he can finde y^ hath or hadd any of the
saide goodes in his handes & will not deliur the same nor an
Inventory of them he may sumon him or them to app>" the next
Corte to answere the same.
It is ordered yt all the Creditors of Mr. Olda in the River
of Conectecott bringe in their debts before the next Corte or
OP CONNECTICUT.
e[ls] he shall not be deemed as a Crediter in th' estate that is
now extant.
21 Febr. 1636.
Mr. Ludlowe, Mr Phelps,%
Mr. Steele, Mr. Westwoode.
Mr. Swaine,
Whereas it was ordered y* Samuel Wakeman, Geo : Hub-
bert, & Anncient Stoughton were to consider of the boundes
of Dorchester towarde the Falls & of Watertowne towards
the mouth of the River ; The saide Samuell Wakeman &
[Geo :] Hubberd thinkes meete y* the plantacon of Dorchester
shall extend towards the Falls, on the same side the plantacon
standes, to a Brooke called Kittle Brooke & soe over the greate
River vppon the same line that Newe Towne & Dorchester
doth betweene them. And soe it is ordered by the Corte.
It is ordered that the plantacon nowe called Newtowne shal
be called &, named by the name of Harteford Towne, likewise
the plantacon now called Watertowne shalbe called & named
Wythersfeild.
Samuell Wakeman & Ancient Stoughton doe thinke meete
that the boundes of Wythersfeild shalbe extended toward the
Rivers mouth in the same side it standes in to a Tree sixe miles
downeward from the boundes between them & Harteford
[marked w^h] N : F : & to [runn in an east] & west line, [&
over] the great River, the saide Wythersfeild to begin att
[4] the mouth of Pewter pott Brooke & there to runn due east
into the Countrey 3 miles & downeward sixe miles in breadth,
wh is ordered accordingly.*
It is ordered yt the plantacon called Dorchester shalbee called
Windsor.
The boundes betweene Weathersfeild 6c Harteford are agreed
on the side wherein they stand to be att a Tree mi'ked N : F :
■& to w<=h the Pale of the saide Harteford is fixed, to goe into the
* The words in brackets, (now illegible In the original Record) are here supplied from a cer-
tified copy of this and the next preceding order, made in 1708. Towns & Lands, Vol. iv. Doc.
No. 1.
PUBLIC RECORDS
Countrey due east & on the other side of the greate River
from Pewter pott Brook att the lower side of Hocanno due
east into the Countrey, w^h is nowe ordered accordingly.
The boundes betweene Harteford & Windsor is agreed to be
att the vpper end of the greate meadowe of the saide Harteford
toward Windsor att the Pale that is nowe there sett vpp by the
saide Hartefo# wii is abuttinge vppon the great River vppon a
due east line & into the Countrey from the saide Pale vppon a
due west line as paralell to the saide east line as farr as they
have now paled & afterward the boundes to goe into the Coun-
trey vppon the same west line. But it is to be soe much shorter
towards Windsor as the place where the Girte that comes
alonge att th' end of the saide meadowe & falls into the saide
greate River is shorter then their Pale & over the saide greate
*Riuer the saide Plantacon of Windsor is to come to the River-
etts mouth that falls into the saide greate River of Conectecott
and there the saide Harteford is to runn due east into the Coun-
trey, w^h is ordered accordingly.
It is ordered j^ noe yonge man yt is neither maried nor
hath any servaunte, & be noe publicke officer, shall keepe howse
by himself, w^^out consent of the Towne where he Hues first,
had, vnder paine of 20s. p^ weeke.
It is ordered y* noe M"^ of a Family shall giue habitacon or
interteinment to any yonge man to soiourne in his family
but by the allowance of the inhabitants of the saide Towne
where he dwelles vnder the like penalty of 20s. p"" weeke. These
2 last orders to take effect the first of Aprill next.
Att a Cort att Harteford, Mi"ch 28th, 1637.
Mr. Ludlowe, Mr. Steele,
Mr. Welles, Mr. Phelps,
Mr. Swaine, Mr. Warde.
It is ordered y* Mr. Frances Stiles shall teach Geo. Chappie,
Tho : Coopr & Tho : Barber his servaunts in the trade of a
Carpenter accordinge to his pi'mise for there s'^vice of their
* [In margin] Tlie Riuefstt on the other side by the Indians is called Podanke.
a
OF CONNECTICUT. 9
terme behinde 4 dayes in a weeke onelie to sawe & slitt their
owne worke that they are to frame themselves w^^ their owne
hands togeather w^h himself or some other M^ workmen, the
tyme to begin for the p^formance of this order 14 dayes hence
wt^out faile.
It is ordered y* every Juryman shall haue sixe pence for
every accon that is given to them vppon evidence, to bee paide
by him the Accon goes against.
The first day of May, 1637, Gen'^all Corte att Harteford.
Mr. Ludlowe, Mr. Wells, Mr. Swaine, Mr. Steele, Mr.
Phelps, Mr. Warde.
Comittees. — Mr. Why tinge, Mr. Webster, Mr. Willms,
Mr. Hull, Mr. Chaplin, Mr. Talcott, Mr. Hosford, Mr.
Mychell, Mr. Sherman.
It is ordered that there shalbe an offensiue warr ag* the
Pequoitt, and that there shalbe 90 men levied out of the 3 Plan-,
tacons, Harteford, Weathersfeild & Windsor (vizt) out of
Harteford 42, Windsor 30, Weathersfeild 18 : vnder the Com-
ande of Captaine Jo : Mason & in Case of death or sicknes
vnder the Coinand of Rob'te Seely Leif*, & the'ldest S^ieant or
military officer survivinge, if both these miscary.
It is ordered that Harteford shall send 14 Armour in this de-
signe, Windsor 6.
It is ordered that there shalbe \^^ of good beare for the Cap-
taine 6t M"" & sick men, if there be only 3 or 4 gallons of
stronge water, 2 gallons of sacke.
It is ordered that Windsor shall p^uide 60 bushells of Come,
Harteford 84 bushells, Weathersfeild 36 bushells, of this each
plantacon to bake in biskett the on half if by any meanes they
cann, the rest in grounde meale. Weathersfeild tenn bushells
to bee allowed vppon Accompt.
Harteford is to p^'uide 3 firkins of suett, 2 firkins of Butter,
wth yt att Rivers mouth, 4 bushells of Oatemeale, 2 bushells of
Pease, 500 of fish, 2 bushells of salt ; Weathersfeild 1 bushell of
Indian Beanes ; Windsor 50 peeces of Porke, SO^^ of Rice, 4
Cheeses.
10 PUBLICRECORDS
It is ordered that every souldier shall cary w^^ him I'b
pouder, 4^^ of shott, 20 bulletts ; 1 barell of Powder from the
Riuers mouth, [a light] Gunn if they cann.
[It is ordered] y* Mr. Pincheons shallopp shalbe taken to be
imployed [in this desi]gne.
[5] June 2*^, 1637. A Generall Corte att Harteford.
It is ordered yt there shalbe sent forth 30 men out of the
seu^'all plantacons in this River of Conectecott to sett downe in
the Pequoitt Countrey & River in place convenient to mayn-
teine o^^ right y* God by Conquest hath given to vs, & Leiftenn*
Seely shall haue the Comande of them. The men are to be
raised 14 out of Harteford, tenn out of Windsor, 6 out of Wyth-
eresfeild.
It is ordered y* 60 bushells of Corne shal be p^uided for the
designe aboues^, Windsor 20, Harteford 28, Wythersfeild 12,
Ihh of Pease, 2 bushells of Oatemeale, 150 pounde of Beefe,
sol'' of Butter, (vizt) Windsor 30, Wythersfeild 30, Harteford
20, fish.
26 June, 1637, Harteford GenJ'all Corte.
It is ordered that 10 men more shalbe levied out of the plan-
tacons aforesaide to goe in the designe ag* the Pequoitts as an
adition to the form^" 30, (vizt) 5 out of Harteford, Windsor 3,
Weathersfeild 2.
It is ordered y* Mr. Haine & Mr. Ludlowe shall goe to the
mouth of the River to treate & Conclude w^h o' frendes of the
Bay either to joine w^h their forces in prsecutinge o' designe
against o' enemies or if they see cause by aduise to interprise
any Accon accordinge to the force we haue. And to parle w^^
the bay aboute o"^ settinge downe in the Pequoitt Countrey.
It is ordered y* there shalbe 1 hogg p^vided att Wythers-
feild for the designe in hande, W^^ is conceiued to be Nathan-
iell Footes, 20ib of Butter, half C of Cheese; Harteford 201^ of
Butter, half hundred of Cheese ; Windsor 1 Ram goate, 201'' of
Butter, half C of Cheese, 1 gallon of stronge Water ; Harteford
1 C of beefe from Mr. Whittinge, Windsor 3 bushells of mault,
■2 from Wythersfeild, Mr. Wells 2.
of connecticut. 11
Harteford. Generall Cort, Tuesday, Nov: 14^^, 1637.
Mr. Haines, Mr. Ludlowe, Mr. Wells, Mr. Phelps, Mr.
Swaine, Mr. Mychell, Mr. Hull, Mr. Whytinge, Capt :
Mason, Mr. Warde, Goodman Smith, Goodma Bacon.
It is ordered that every common souldier that went in the
iate designe against o"" enemies the Pequoites shall have Is. 3d. p^
day for theire service at sixe dayes to the weeke, the Sergants
20d p'' day, the Leiftenant 205. p'' weeke, the Capt" 405. p^" weeke,
any man that was publiquely imployed in the said service and
dyet themselves shall have 2s. -p^ day ; and that the saide pay-
ment shalbe for a moneth although in strictnes there was but
three weekes and 3 dayes due ; such as did returne from the
Forte and never went in the seruice to bee allowed but for 12
dayes.
It is ordered that the pay in the second designe shalbe the
same with the former, and the tyme a month as abouesayde.
Harteford. 9° Febr. 1637.
Mr. Haynes, Mr. Ludlowe, Mr. Wells, Mr. Plum, Mr.
Mychell, Capt : Mason, pi'sent.
Whereas vppon serious Consideracon wee conceiue that the
plantacons in this River wilbe in some want of Indian Corne,
And on the same Consideracon wee conceiue if every man may
be at liberty to trucke with the Indians vppon the River where
the supply of Corne in all likeliwood is to bee had to furnish c
necessities, the market of Corne amonge the Indians may be
greatly advanced to the preiudice of these plantacons, wee
therefore thinke meete and doe soe order that noe man in this
River nor Agawam shall goe vpp River amonge the Indians or
at home at theire houses to trade for Corne or make any Con-
tract or bargaine amonge them for corne either privately or
publiquely vppon the paine of 5^. for every bushell that hee or
they shall soe tr[ade] or contract for ; this order to endure
vntill the next Generall Courte and vlP[till] the Courte take
other order to the contrary, and at the saide generall Courte
there wilbe a setled order in the thing.
12 PUBLICRECORDS
It is ordered that there shalbe a prticular Courte on the first
Tuesday of M[ay] at Harteford, and that then Mr. Olda busi-
nesses and John Jesopps are to be handled, therefore the sev-
erall Creditors are then to come and make their claime.
It is ordered that Mr. Clement Chaplin shalbe Treasurer for
this next yeare to Collect and gather such Rates as are now to
[6] be levied in the seve[rall] || plantacons, and that there shalbe
vnder Collectors to whom the said Mr. Treasurer may direct
his Warrants in every plantacon, and that the said Treasurer
may giue order to the said Collectors to pay the severall bills of
theire plantacons and give it in Accompte to the said Mr. Treas-
urer, and after the bills be paide to returne in the rest to the
said Mr. Treasurer : the collectors are, for Harteford Willm
Wadsworth, Windsor Henry Wolcott the elder, and Andrew
Warde for Wethersfeild and John Bur for Agawam.
It is ordered there shalbe forthwith a levey of sixe hundred
and twenty poundes to be levied for to defray the charges of
the late designes of warrthatis already past, Aggawam 86/. 16s,
Windsor 158/. 2s, Harteford 251/. 2s, Wethersfeild 124/. The
payment to be made either in monney, in Wampum at fower
a penny, or in good and marchantable beaver at 9s. pr pounde.
It is ordered that there shalbe generall notice giuen in all the
plantacons that if there be any Arm'', gones, swordes, belts,
Bandilers, kittles, pottes, tooles, or any thinges els that belonges
to the commonwealth, that were lost, landed or leafte in any
plantacons, they are to be delivered into the handes of the saide
Constables of the said townes, and the said Constables to bring
them to the next Courte at Harteford, and if after the said no-
tice there be any thinges found in any mans house or custody,
it concerning the said Commonwealth, they shalbe subiect to
the sensure of the Courte for their* tenure or con-
cealing.
It is ordered y* the generall Courte now in being shalbe dis-
solved and there is noe more attendance of the members thereof
to be expected except they be newly chosen in the next gen^
erali Courte.
^
*This blank in the original.
OF CONNECTICUT. 13
8to die Mn'i, 1637.
A GenI'ALL Coi't HOULDEN ATT HaRTEFORD.
Mr. Haines, Mr. Ludlowe, Mr. Pincheon, Mr. Welles,
Mr. Plum, Mr. Phelpes, Mr. Mychell, Mr. Smith.
Committees : Capt: Mason, Mr. Hopkins, Mr. Steele, Mr.
Talkott, Mr. Webster, Mr. Hull, Mr. Ford, Tho: Mar-
shall, Adr : Warde, Geo : Hubberd, Jo : Gibbes. Thurston
Raynr absent.
Thurston Raynor being chosen a Committee for the Towne
of Wethersfeild being now absent is fined I5, to be forthwith
paide.
Whereas Mr. Pincheon was questioned aboute imprisoning
an Indian at Aggawam, whipping an Indian and freeing of him,
the Courte is willing to passe over Mr. Plumms failings against
an Indian.
It is ordered with the consent of Mr. Pincheon that thesaide
Mr. Pyncheon will deliver att Harteford goods Marchantable
Indian Corne att 5.s. p"" bushell as farr as 500 bushells will goe
at, if hee can save by that, for the residue hee is to have 5s. 2d.
p'' bushell, provided also that that proporcon that Windsor is to
have shalbe landed there at Mr. Ludlowes, for that proporcon
that Wethersfeild is to have they are to fetch it att Harteford.
In consideracon whereof the is a restrainte of any to goe vpp
the River to trade with the Indians for Corne ; as alsoe if any
Indians bring downe any Corne to vs wee are not to exceede 45.
pr bushell ; as alsoe in case of necessity that any family or fam-
ilyes doe complaine of present necessities they are to repaire to
3 magistrates which may advise them for the supply, although
it be to the dispensing with this order ; prouided alsoe that if
the said Mr. Pincheon bee inforced to raise the price with the
Indians of sixe sixes of Wampom a pecke then the plantacons
are to increase the pay of 5s. p'' bushell, if he can abate any thing
hee will sett of soe much of 5s. p^ bushell. The payment to be
made in wampom at 3 a penny or marchantable beaver at Xs.
pounde.
9° die. It is ordered that whosoever doth diseorderly speake
privately during the sittinge of Courte with his Neibour or twoe
3
14 PUBLICRECORDS
or 3 togeather, shall presently pay Is, if the Courte soe thinke
meete.
[7] It is ordered that Captaine Mason, Mr. Allen, Mr. Warde,
shall go to Agawam and treate with the Indians of Waronocke
concerning the tribute towards the charges of o^ warres, to the
value of one Fatham of Wampom a man. Nawattocke a fatham
and a quarter, Pacomtuckett one fatham and a quarter.
It is ordered y^ Mr. Ludlowe, Mr. Hopkins, Mr. Michael]
shall have power to deale with Elias Parkman aboute his ves-
sel! to goe to the Narragansett to trade for Corne and they are
likewise to take vpp such commodities as may freight the saide
vessell to the end aforesaide, and doe therein what they shall
see meete that may tend for the publique good in that way, and
that the plantacons shall beare the chardge of the saide Freight
and have the proceede of the Corne and trade accordinge to
the proporcon of the last publique rate to the warrs, as alsoe of
what comes from Agawam.
It is ordered that noe Commissioners or other person shall
binde, imprison or restraine, correct or whipp any Indian or
Indians whatsoever in his owne case or in the case of any
other, nor giue them any menacing or threatning speeches,
exc[ept] it be in case any Indian or Indians shall assault or
affront theire person or persons, or shall finde them either wast-
ing, killing or spoiling any of theire goodes or estate, and he or
they shall finde them soe doeing, and in that case if they refuse
to come before a magistrate they may force them to goe and
binde them if they refuse. But if any iniurie or trespasse be
offered or done by any Indian or indians or their dogges, he or
they are to complaine to some magistrate or magistrates, pro-
vided alwaies that any twoe magistrats togeather may vppon
any speciall occasion send for any Indian or Indians to come
before them and if they see cause to restraine or imprison him
or them and in case of refusall or contumacy or other extraor-
dinary misdemeanor or occasion, to send force to apprehend or
take him or them if they see cause.
It is ordered that there shalbe fiftie Costlets provided in the
plantacons, vid. Harteford 21 Costlets, Windsor 12, Weathers-
feild 10, Agawam 7, which are to bee provided within 6 monthes
at farthrest. And the saide Costlets are to be veiwed by the
OF CONNECTICUT. 15
military officer that is provided for that purpose, and if he dis-
allowe them as insufficient they are to p'uide better. And
alsoe y* the saide Townes are to giue in the names of such as
are to finde the saide Cosletts, att the next generall Courte, and
then such as shall faile to provide by the day aforsaide shall
forthwith pay 105. and five shillings a moneth vntill he hath sup-
plied them ; and it shall alsoe be lawfuU for the saide military
officer to call for the saide costeletts to vie we whether they
[be] in repaire or noe.
It is ordered that Captaine Mason shalbe a publique military
officer of the plantacons of Conecticot, and shall traine the mil-
itary men thereof in each plantacons according to thedayes ap-
pointed, and shall have 40/. p'' annum, to be paid oute of the
Treasury quarterly, the pay to begine from the day of the date
hereof. This order to stand in force for a yeere and vntill the
generall Courte take other order to the contrary.
It is alsoe ordered that the saide Captaine Mason shall have
liberty to traine the saide military men in every planlacon tenn
<iayes in every yeere, soe as it be not in June or July, giving a
weekes warning before hand and whosoever y* is allowed a
souldier and faile to come at the time appointed by the saide
publique officer to pay for his defaulte 3s. for y* time, and if it
be vsuall for the second offence 5s, and if not amended the saide
delinquent is to bee bounde to answere it att the next Courte.
Itm, it is ordered that all p^sons shall beare Armes that are
aboue the age of sixteene yeeres except they doe tender a suffi-
cient excuse [to] the Corte & the Cort allowe the same. The
Corals i^ Church officers for the presetit to bee exempted, as
[8] alsoe for the tyme|l to come after they have beene a Com-
issioner or Com''s or Church officer to bee likewise for all
tymes afterward exempted for bearing Armes, Watchinges &
Wardinges.
It is ordered that there shalbe a magacc^ of powder and shott
in every plantacon that the supply of o"" military men if occasion
serve, videlicet, Hartef*i twoe barrels, Windsor 1 barrell of
powder, 300 weighte of leade, Weathersfeild 1 barrell of pow-
der, 300 of leade, Aggawam halfe a barrell of powder, 150 of
leade ; and every military m^i is to have continually in his
house in a readines halfe a pounde of goode powder, 2^^ of bul-
16 PUBLICRECORDS
lets sutable to his peece, one pounde of match if his peece be a
match locke, and whosoever failes of his halfe pounde of pow-
der and 2ib of [buUetts] and match to pay Vs. for every tyme yt
is wanting ; the plantacons or plantacon for not providing the
saide magacen of powder and lead within this 3 monethes to
pay 21 b forty shillings, and tenn shilhngs for every moneth
vntill it bee p^vided.
It is ordered that there shalbe a measure of each plantacon
brought to Harteford on the next perticular Courte and then
there wilbe a setled Course for an measure in each plantacon.
The generall Courte is appointed on the 22*^ of this instant
moneth, the pi"ticular the day after it.
It is ordered that all orders formerly made concerning mili-
tary discipline vntill the orders of this Courte shalbe voide.
* Whereas, It was ordered octo die [Martii] last that there
should be a restrainte of tradinge for Corne in regarde of some
■j" with Mr. Pincheon to supply the plantacon&y
vppon consideracon of Mr. Pincheons that hee is somwhat
fearefull of supplying the plantacons, and whereas there is a
Clause in case of necessitie 3 magistrates may dispence with
the order. It is .therefore ordered that Mr. Ludlowe and Cap-
taine Mason or either of them, taking likewise such with them
as shalbe meete, shall trade to supply theire owne necessities
and the necessities of some other that are in wante.
It is ordered that in the setting forth Elias, that Mr. Phelps,
Mr. Whiting and Mr. Mychell is to agitate that busines for the
Comonwealth,
Vppon the complainte of Aramamett and the Indians cohab-
iting with him, aboute Leiftenant Holmes denying the planting
of the old grounde planted the last yeere aboute Plymouth
house, It was ordered that they should plante the old ground
they planted the last yeer for this yeere onely, and they are to
sett theire wigwams in the olde grounde and not withoute.
* The date or caption of this Session of the Court is omitted in the original Record. No
break occurs, (except a slight one between the line commencing " Whereas," &c. and the pre-
ceding paragraph,) from the commencement of #ie proceedings of the March Session, on page
[6.1
t A blanit in the original.
OFCONNECTICUT. 17
5to Api", 1638. A GEN^ALL CORT AT HaRTEFORD.
Mr. Haines, Mr. Ludlowe, Mr. Pincheon, Mr. Wells, Mr.
Plum, Mr. Phelps, Mr. Smith, Mr. Michell,
Comittees ; Mr. Hull, Mr. Webster, Mr. Talkott, Mr. Moxa,
Mr. Burr, Mr. Steele, Mr. Hopkins, [Capt :] Mason,
[Mr.] Ward, [Thurston-] Rayner, [Tho :] Ford, [Tho :
Mars]ha\\, [Geo : Hubberd.]
Captaine Mason, Thomas Ford, Thomas Marshall, Thurston
Rayner, George Hubberte, are fined Is. a peece for failing att
the hower appointed which 7 of the Clocke.
It is ordered that there shalbe sixe sent to Warranocke In-
dians to declare unto them that wee have a desire to speake
with them, to knowe the reasons why they saide they are
affraide of vs, and if they will not come to vs willingly then to
compell them to come by violence, and they may leave 2 of the
English as pleadges in the meane time and to trade with them
for Corne if they can.
[9] It is ordered that Captaine Mason, Thomas Stanton, Jere-
my Adams, John Gibbes, Searieante Stares and Thomas Mer-
ricke, and if Thomas Merricke be gone to Aggawam then Cap-
taine Mason to take another whom he please, shall goe in the
saide service ; and if hee see cause to leave hostages hee may ;
if hee see cause to goe to Aggawam he may.
It is thought meete that the Costlets that were in the last
service shalbe made good to the Commonwealth and made as
serviceable as before, and that Richard Lord shall take such
Costlets into his Custody as are in the meeting house of Harte-
ford and make them vpp, and when they bee fitted vpp the
saide Lord is to bring in his noate and the Courte to appointe
one to veiw y"= same, and when they are certified to bee in
good kelter there must be speedy course taken by y^ Courte
for the speedy payment of the said Lord.
It is ordered that there shalbe a warant directed to y'' sever-
all Collectors of each plantacons to make theire retornes to the
Treasurer within these 25 dayes or els to answere theire con-
tempte att the next particular Courte.
Whereas there is a desire of c neibours of Harteford that
there may be a publique highway for Carte and horse vppon the
3*
18 PUBLIC RE CO KDS
vpland betweene the said Harteford and Windsor as may be
convenient, it is therefore thought meete that Henry Wolcott
the younger and Mr. Stephen Terr[e] and Wilhli Westwood
and Nathaniell Warde shall consider of a fitting and conven-
ient high way to bee marked and sett oute, and bridges made
over the swampes, and then itt being confirmed by the Courte,
the inhabitants of Harteford may with making a comely and
decent Stile for foote and fence vpp ye vpper end of the mead-
ow ; this to be done by Mun[day] seavennights vppon penalty
of 10s. every defaulte.
It is ordered that with the consent of Mr. Pincheon, that the
said Mr. Pincheon shall within these 18 dayes pay Mr. Whi-
ting 40Z. by sending downe as much Come as the saide 40/. comes
to, or els to pay him the saide Mr. Whiting in marchantable
beaver att 9s. p"" pounde provided that if in the Bay the saide
Mr. Whiting cann put it away att higher rate the saide Mr.
Pincheon to have the benefitt of it, if it be put away at losse
the saide Mr. Pincheon to stand to it, and the saide Mr. Pin-
cheon may write to his frends to see that the saide Mr. Whi-
ting doth his best for the saide Mr. Pincheons advantage.
It is ordered that the Indian Corne that is brouo;ht into the
plantacons for the supply of theire necessitis, either by agree-
ment with Mr. Pincheon or any other way of a generall trade,
shall goe att 5s. 6d. in money, in wampum att 3 a penny, 6s. p"^
bushell, or if in beaver according to the order att 9s. pi" pomide,
yett this is not any way to infringe the bargaine formerly made
with Mr. Pincheon for soe much Corne as he bringes in.
It is ordered that these men foUowinge shall receive the
Corne aforesaide for the plantacons according to their proporcon
agreed on, and shall keepe one exact account of what every
man hath att the rates aforesaid ; the men appointed for this
service are Henry Wolcott ye younger for Windsor, Edwarde
Stibben and Thomas Scott for Harteford, For Wethersfeilde
Mr. Plum. It is aisoe ordered y* such as are in want of Corne
or like to betwene this and harv[est] must give in theire names
and wants to y^ parties aforesaide of the sever all plantacons,
and they are to retorne it in y^ next particular Courte, provi-
ded yt the receivers of Corne aforesaid are not to deliver any
Corne without the present payment formerly menconed.
OFCONNECTICUT. 19
It is ordered that Thomas Staunton shall haue for the seruice
hee hath done for the Countrey already past, tenn poundes.
[10] It is ordered that Thomas Staunton shalbe a publicke
officer for to attend the Corte vppon all occasions, either Gen-
erall or p^ticuler, as alsoe any meetinge of the Magistrates to
interprett betvveene them and the Indians, as also is to haue for
it 10/. p'' Anrim.
It is ordered y* Captaine Mason & Jeremy Adames shal goe
on Thursday next, accordinge to o"" p'mise to trade w^^ the
Indians for Corne and to settle a Trade between vs and them
aboute Corne.
It is ordered that the order of the 9*^ of March last be againe
renewed.
It is ordered where any Company of Indians doe sett downe
neere any English plantacons that they shall declare whoe is
their Sachem or Cheife & that the saide Cheife or Sachem shall
paye to the saide English such trespasses as shalbe comitted by
any Indian in the saide plantacon adioyninge, either by spoil-
inge or killinge of Cattle or Swine either w^h Trappes, dogges
or arrowes & they are not to pleade that it was done by Stran-
gers vnlesse they cann p^'duce the pi'ty and deliu^' him or his
goodes into the Custody of th' English ; and they shall paye the
double if it were voluntarily done.
Whereas there was some complainte made against Mr.
Willin Pincheon of Agawam for that as was conceiued &
vppon p^'fe app^'ed he was not soe carefull to p^mote the pub-
licque good in the trade of Corne as hee was bounde to doe,
It is ordered the saide Mr. Pincheon shall w^^ all convenient
speede pay as a fine for his soe failinge 40t'e bushells of Indian
Corne for the publicque& the saide Corne to be deliu'^edto the
Treasurer to be disposed of as shalbe thought meete.
Whereas vppon full debate & hearinge the matters of Iniuries
& difference betweene Soheage, an Indian the Sachem of Py-
quaagg nowe called Wythersfeild, & th' English Inhabitants
thereof, and It appi'es to the Cort that there hath beene divers
Iniuryes offered by some of the saide English inhabitants to the
said Soheage, as alsoe the saide Soheage & his men haue like-
wise comitted divers outrages & wronges against the saide Eng-
lish, yet because as was conceiued the first breach was on the
20 PUBLIC RECORDS
saide English p^te, All former wronges whatsoeuer are remitted
on both sides and the saide Soheage is againe receiued in
Amytie to the saide English, & Mr. Stone, Mr. Goodwin &
Tho : Staunton are desired to goe to the saide Soheage & to
treate w^^ him accordinge to the best of their discretion & to
compose matters betweene the saide English and the saide So-
heage, and vppon their reporte there shalbe som setled course
in the thinge.
It is ordered there shalbe Is. pr skin of beaver to be paide to
the publicque out of the Trade of beaver, to be paide into the
Treasury every half yeere : this order to stand for an yeere &
vntill the Cort take other order to the Contrary.
It is ordered that none shall trade in this River w^h the In-
dians for beau' but those that are hereafter named (vizt) For
Agawam Mr. Pyncheon, for Windsor Mr. Ludlowe, Mr. Hull ;
for Harteford Mr. Whytinge, Tho : Staunton ; Wythersfeild
Geo : Hubberd & Rich : Lawes ; and if any trade for beauer
other then are fornamed they shall forfeit 5s. p'' pounde to be
paide p"" eu'"y pounde they soe trade.
[Pages 12-22, blank: these pages were probably designed for the insertion of
the Constitution, Oaths, &c., which were subsequently recorded on pp. 21-5-227
of the original as now paged.]
[220] Forasmuch as it hath pleased the Allmighty God by the
wise disposition of his diuyne p'"uidence so to Order and dispose
of things that we the Inhabitants and Residents of Windsor,
Harteford and Wethersfield are now cohabiting and dwelling
in and vppon the River of Conectecotte and the Lands there-
unto adioyneing ; And well knowing where a people are gath-
OF CONNECTICUT. 21
ered togather the word of God requires that to mayntayne the
peace and vnion of such a people there should be an orderly and
decent Gouerment established according to God, to order and
dispose of the affayres of the people at all seasons as occation
shall require ; doe therefore assotiate and conioyne our selues
to be as one Publike State or Comonwelth ; and doe, for our
selues and our Successors and such as shall be adioyned to vs
att any tyme hereafter, enter into Combination and Confedera-
tion togather, to mayntayne and p'searue the liberty and purity
of the gospell of our Lord Jesus W^^^ we now p^fesse, as also the
disciplyne of the Churches, w^h according to the truth of the
said gospell is now practised amongst vs ; As also in c Ciuell
Affaires to be guided and gouerned according to such Lawes,
Rules, Orders and decrees as shall be made, ordered & decreed,
as foUoweth : —
1. It is Ordered, sentenced and decreed, that there shall be
yerely two generall Assemblies or Courts, the on the second
thursday in Aprill, the other the second thursday in September,
following; the first shall be called the Courte of Election,
wherein shall be yerely Chosen fro tyme to tyme soe many
Magestrats and other publike Officers as shall be found requi-
sitte : Whereof one to be chosen Gouernour for the yeare en-
sueing and vntili another be chosen, and noe other Magestrate
to be chosen for more then one yeare ; pj'uided allwayes there
be sixe chosen besids the Gouernour ; w^^ being chosen and
sworne according to an Oath recorded for that purpose shall
haue power to administer iustice according to the Lawes here
established, and for want thereof according to the rule of the
word of God ; w<=h choise shall be made by all that are admit-
ted freemen and haue taken the Oath of Fidellity, and doe co-
habitte w^^'m this Jurisdiction, (hauing beene admitted Inhabit-
ants by the maior p^t of the Towne wherein they hue,*) or the
mayor p^te of such as shall be then p^sent.
[222] 2. It is Ordered, sentensed and decreed, that the Elec-
tion of the aforesaid Magestrats shall be on this manner : euery
p^son p^sent and quallified for choyse shall bring in (to the
pi'sons deputed to receaue the) one single papr w^h the name of
him written in yt whom he desires to haue Gouernour, and he
• Tliis clause has been interlined in a different hand writing and at a more recent period
22 PUBLICRECORDS
that hath the greatest nuber of papers shall be Gouernor for
that yeare. And the rest of the Magestrats or publike Officers
to be chosen in this manner : The Secretary for the tyme be-
ing shall first read the names of all that are to be put to choise
and then shall seuerally nominate them distinctly, and euery
one that would haue the pi'son nominated to be chosen shall
bring in one single paper written vppon, and he that would not
haue him chosen shall bring in a blanke : and euery one that
hath more written papers then blanks shall be a Magestrat for
that yeare ; Wh papers shall be receaued and told by one or
more that shall be then chosen by the court and sworne to be
faythfull therein ; but in case there should not be sixe chosen
as aforesaid, besids the Gouernor, out of those w<=h are nomin-
ated, then he or they w^h haue the most written pap^s shall be
a Magestrate or Magestrats for the ensueing yeare, to make vp
the foresaid nuber.
3. It is Ordered, sentenced and decreed, that the Secretary
shall not nominate any pi"son, nor shall any p'son be chosen
newly into the Magestracy w«^h -v^^as not p^pownded in some
Generall Courte before, to be nominated the next Election; and
to that end yt shall be lawfull for ech of the Townes aforesaid
by their deputyes to nominate any two who they conceaue fitte
to be put to Election ; and the Courte may ad so many more as
they iudge requisitt.
4. It is Ordered, sentenced and decreed that noe p^son be
chosen Gouernor aboue once in two yeares, and that the Gou-
ernor be alwayes a meber of some approved congregation, and
formerly of the Magestracy w^^^^in this Jurisdiction ; and all the
Magestrats Freemen of this Comonwelth : and that no Mages-
trate or other publike officer shall execute any pi'te of his or
their Office before they are seuerally sworne, w<^h shall be done
in the face of the Courte if they be pJ'sent, and in case of ab-
sence by some deputed for that purpose.
[224] 5. It is Ordered, sentenced and decreed, that to the
aforesaid Courte of Election the seu^all Townes shall send their
deputyes, and when the Elections are ended they may pi'ceed
in any publike searuice as at other Courts. Also the other
Generall Courte in September shall be for makeing of lawes, and
OFCONNECTICUT. 23
any other publike occation, w^h conserns the good of the Com-
onwelth.
6. It is Ordered, sentenced and decreed, that the Goui^nor
shall, ether by himselfe or by the secretary, send out sumons to
the Constables of eu'' Towne for the cauleing of these two
standing Courts, on month at lest before their seu'"all t^mes ;
And also if the Gou^'nor and the gretest p^'te of the Magestrats
see cause vppon any spetiall occation to call a generall Courte,
they may giue order to the secretary soe to doe w^^^in fower-
teene dayes warneing : and if vrgent necessity so require, vppon
a shorter notice, glueing sufficient grownds for yt to the depu-
tyes when they meete, or els be questioned for the same ; And
if the Goui'nor and Mayor p^te of Magestrats shall ether neglect
or refuse to call the two Generall standing Courts or ether of
the, as also at other tymes when the occations of the Coihon-
welth require, the Freemen thereof, or the Mayor p'te of them,
shall petition to them soe to doe : if then yt be ether denyed or
neglected the said Freemen or the Mayor p^te of them shall
haue power to giue order to the Constables of the seuerall
Townes to doe the same, and so may meete togather, and chuse
to themselues a Moderator, and may pi^ceed to do any Acte of
power, w^h any other Generall Courte may.
7. It is Ordered, sentenced and decreed that after there are
warrants giuen out for any of the said Generall Courts, the
Constable or Constables of ech Towne shall forthw^^ give no-
tice distinctly to the inhabitants of the same, in some Publike
Assembly or by goeing or sending fro howse to howse, that at
a place and tyme by him or them lymited and sett, they meet
and assemble the selues togather to elect and chuse certen dep-
utyes to be att the Generall Courte then following to agitate the
afayres of the comonwelth ; w'^^ said Deputyes shall be chosen
by all that are admitted Inhabitants in the seui'all Townes and
haue taken the oath of fidellity ; pi^uided that non be chosen a
Deputy for any Generall Courte w^h is not a Freeman of this
Comonwelth.
[226] The foresaid deputyes shall be chosen in manner fol-
lowing : euery pi^son that is p^sent and quallified as before ex-
pi'ssed, shall bring the names of such, written in seui^rall papers,
as they desire to haue chosen for that Imployment, and these 3
r (I II 1. 1 (' It V. (' () It I) s
or i, iiioit'or l(>sst>, Ikmii!'; llit- uiiIkm' iii!;r(>(>(l on lo lu' clioscii loY
llnit tymo, that Uiww if\o:\iv^\ mihiM' of iKquM's vvi'ilhMi lor th<>
shall 1)0 (loputyes lor tluit Courto ; wliosc^ iiiumcs shall Ih> «mi-
dorsed on tho haoko si(l(> ol' lln' wafiaiil and ictiinuNJ into Ihf
('otirla, \v"' lht> Constahli"! or ( •onst.ahlos hand vnto tho saino.
s. Ti is OrdiM'od, soiit(MU't»d and doerood. tluU Wyndsor, llart-
loiil ami \\ t'lliiMsliold shall haui> powor, och Towno, to send
Ibwov ol' ilioii- tV(-t>!U(Mi as (heir d(>imtyes to euery Genorall
(\^urto ; and whalsooutM- other 'i'ownos shall bo horoaftor addod
to this Jurisdiction, thoy shall s(>nd so nuiny (l(^i>nfy(>s as tho
('(»nrlt^ shall jud^o meeto, a rosonaMo ii'|u>riit>ii to th(> iiiiIum- i»i'
l''roon\on that nro in tho said Tow nos hoino- to ho attoiulod
thoroin ; \v'''> dopntytvs shall ha\ c th(> powor oi' tho \vhi>I(> 'Towno
to i^iuo tlnMr voats and alowanco to all siioh la\M's and (>rdors
as may ln^ lor lht> put'likc <\ooA. and unlo w •'' tho said 'IViwiK^s
ni(* to ho hownd.
\h It is ordorod and decrood, that tho dt^putyos thus ohoson
shall hauo powor and liluM'ty to appoynt a. tynio and a place of
»n(>otiui; toi;athor hof'oro any l<(>norall (^oiu'to to adniso and
ctuisult of all such thinij;s as may concorno the good ol' thopnh-
like, as also to examine^ thoir owno .l'iloctii>ns, whether accord-
ing to tho order, and it' tht>y or tho protest p'to of them Ihul any
(election to ho illoi;all they may sotdud su(di t'orp'sont l'rt^ thoir
moothtu;. and nMiuiio the sanx^ and ihiMr ros(>ns to tht- Courto :
anti it' yt provio trui', llu> I'onrti^ may lynt> tho p'ty ov j^'tyosso
intruding ami tho Towno, if thoy sot* i'aust\ and giuo out a
w arrant to go© to a now(> ^^loctioll in a lo!.!,all way, ether in p'to
ov in wholtv .\ls(> tla* saiil »loputyt>s shall hauo ]U)Wor to l\ no
any that shall ho disonlorly at thoir nu'otings, (>r for not otnuini;
in due tymt> or place according to appoyninuMit ; and they may
voturno tho said fyiu-s int(> \\\c Courfe it' yl he r(M'iis(>d \o ho
paid, atid tho TrosuriM- ti> takt> nolioe ol' \ t, and to t>stit>ete or
levy tho same as \\c doth olUcv t'ynes.
10. It is Onlorod. sontoncoil and tlocrood, that euery Cenorall
C\)urto. oxcopt such as through nogkM'to o( tho (^ouMior and
tho greatest p'to o\' Magostrats tho l''i\nMuen thoinsolvos tloo
call, shall consist ot the ( JouiMiior. ov some oni> ohos(>n lo nunlor-
ato tho (\unt. and l other Alagostrats at lost. \v"' tho n\ayor
p'te of tho iloputyos oi' tho souorall Towuos legally chosen ;
o V i; O N N K i' T I c n T . 80
ami in case tlui Freemen <ir uuivor [I'lf of ilic, tlii-<»ii''li iic.'.'icci
or rofuHall of the (Joikmikm- :iii(I iiiJiyor p'te of llic (n;i<.:;('slr!i,l,H,
.shall ('.ail a (/'onrte, y* shall coiisisl of ihii mayor |>'l(i<»f I'^rce-
rnen ihaf aic ji'scnl. or Ihrir (|c|ni(\('s, \v"' a, IVJodcr.'ilor chosfii
l)y thr ; III vv'' ,saJ(l (■'(•iiciall (loiirls shall eoiisisl llic sil|»icirir,
power of the ( 'oiiioiiweltli, and (hey only shall haia^ |tovver lo
make |{iw(!s nv re|ieale lli<\ togra,iiiit. leiiyes, londmill of l''ree-
Uieii, dispose of lands viidispoHed of, to seuerall 'I'ownes or
p^Noiis, and also shall liaiie powei' l,o callelher ('oiiileor Maj^es-
trate or any oilier |)'son whatsoeuer inio i(iieslioii for any mis-
ilemeaiiour, and may for just (lauses disphuie or dealc! otherwise
accoidiiif^ to the rialure of (lu! olUjtice ; and also may deaKi in
;iiiy other matt(;r that coiKM^rns tluj ^ood of this eoiiioii welth,
exceptc eleotion of Magcjstrals, w' '' shall he done hy the whoh-
hoddy of I'^nterruiri.
[2if7] In w'' (yoiirtci tlu; (•(MieriKmr or l\'l(»dera,t(»r shall liaiic
power to order ihe ('oiirte to ;j;iiie lilMM'ty of speeli, and sileiiee
vne,e,asona,hle :ind disorderly sjieaKe.injfs, to put all lliin|j;s lo
voate, and in eas(; tin; vo;ite h(!e(|n;ill to haiK! tli(wastiii!j; voie.e.
Ihit lion ol tli(!se (/oiirts shall he ;i(liorned ordissoliied vv"'oiit
the coiiHtmt of the, maior p'te. of the (-onrt.
11. It is ord(!red, sentenced and deereiui, that when any
Generall Courto vfipori the oeeatioriH of the Cornonwelth hau<^
agreed vpfiori any suiTie or soiiies of moiiy to Im; le,uy('d v|»j>ori
the Heucrall Townes w'^'nn this .Jurisdiction, that a ('oiiiittee ho
choflcn to sett out and appoynt w"^ Hhall he Ihe |»''[»ortion of
cuery Towne to pay of the Haid leuy, [>''vided the- ( Joiiiittees he
made vp of an efpiall nuher out of eacfi 'i'owne.
14''' January, Hi'.iH, the 11 Ordern ahouesaid aie voted.
[21flJ TiiK Oa'i'ii ok 'imii: d'oiCNoii, for tiik [i'''hi;nt.]
I H^. 111. heing now ch'tsiMi to hi; ( ion' nor w"'in this .luriH-
dictioii, for the yeare cnsueinf^, and vntil a latw he chosen, doo
swearo hy the greatc and drea(Jfiill name of tin; (jverlineing
C»od, to pTriote the puhlicke good and peace of the same, ac-
cording to tlu; hest of my skill ; as also will mayntayne aJI law-
full jiriuiledges of this (>omonwea.lth ; aw also that all wholsome
lawes that are or sliaJI hi; made hy lawfull authority here estab-
4
26 PUBLICRECORDS
lished, be duly executed ; and will further the execution of
Justice according to the rule of Gods word ; so helpe me God,
in the name of the Lo : Jesus Christ.
The Oath of a Magestrate, for the pfgENT.
I, ^. w. being chosen a Magestrate wt^in this Jurisdiction
for the yeare ensueing, doe sweare by the great and dreadfull
name of the euerliueing God, to pi^mote the publike good and
peace of the same, according to the best of my skill, and that
I will mayntayne all the lawfull priuiledges thereof according
to my vnderstanding, as also assist in the execution of all such
wholsome lawes as are made or shall be made by lawfull author-
ity heare established, and will further the execution of Justice
for the tyme aforesaid according to the righteous rule of Gods
word ; so helpe me God, etc.
[215] The Oath of a Constable.
I, l2l. 13., of 111, doe sweare by the greate and dreadfull
name of the euerliueing God, that for the yeare ensueing, and
vntill a new be chosen, I will faythfully execute the office
and place of a Constable, for and wt^in the said plantacOn of
W : and the lymitts thereof, and that I will endeuor to pi^searue
the publike peace of the said place, and Comonwealth, and will
doe my best endeauor to see all watches and wairds executed,
and to obey and execute all lawfull comaunds or warrants that
com fro any Magestrat or Magestrats or Courte, so helpe me
God, in the Lo : Jesus Christ.
[11] Ja : 14tii 1638. It is Ordered that the tresurer shall de-
huer noe mony out of his hands to any p^son wt^out the hands
of two Magistrats if the som be above 20s. ; if it be vnder then
the tresurer is to accept of the hand of on ; but if it be for the
payment of some bylls to be alowed, w^i are referred to some
Comittes to consider of whether alowed or not. That such bylls
as they alowe & sett there hands vnto the Tresurer shall accept.
& give satisfacth.
/I/CQ « {(jroyernor.)
(J)ep. Goyernor.)
"^^f^oiVedf^
">
1
(J)€Vtities.J
-—oJim^Gm^ --^/o^^Sf^^
u>. ^%„^^^. /%,^i^ Qj^^ft'
y^^lMA 0/yn.
d'^
&
ci^4<,^
OFCONNECTICUT. 27
[23] [April 11th, 1539.
At a Generall Meeting of the Freemen] for the Elec-
tion OF Magistrates, according [to the]orders.
Jno. Haynes Esq'., was chosen Governor for the y[eare
ensueing] and vntill a new be chosen.
Mr. Roger Ludlowe, Deputy.
Mr. George WiHis, Mr. Edward Hopkins, Mr. Thomas
Wells, Mr. Jn^. Webster, Mr. Wm. Phelps, were
chosen to assist in the Magis[tracy] for the yeare
ensueing, and all tooke the oathes app[ointed] for
them.
Mr. Edward Hopkins was chosen Secretary and [Mr.
Thomas] Wells Tres'r. for the yeare ensueing.*
Committees : Mr. Jno. Steele, Mr. Spencer, Jno. Pratt,
Edw : Stebbing, [Mr.] Gaylard, [Henry] Woolcott,
[Mr. S]toughton, [Mr.] Foard, Thurston Rayner, James
Boosy, George Hubbard, Ric : Crabb.
Elty Pomry of Windsor complayned that he had [a mare]
taken away by the Pequatts, w^h after the warrs [ ]
was killed by the Naanticke Indians ; he desir[ed] therefore
the helpe of the Court to be releeved [and that] some order
may be taken with them for restitucon. [The] Courte tooke
the same into serious consideracon and [thinke] it according to
their duty and good reason to p^tect [the] persons and estates
of all the members of the Com[onwealth] soe farr as lyeth in
their power in a way of Just[ice,] and accordingly p^mised as
opportunity shall be off[ered] to deale with those Indians
«bout it.
The like was desired by Mr. Ludlow in regard of [ ]
of his, and the like pi'mise made to him.
The Court in regard of the state of the present ty[me] and
the many occations that ly vppon men, thought f [itte to] referr
the pniculars hereafter mentioned to a Co[mittee,] vizt. the
* Pages 23-26 of the original are more mutilated and defaced than any other portion of the
Volume. Thus far, on page [23] the words in brackets have been suppHed from a copy made
in 1743, and attested by George Willys, Secretary, which is printed with the Proceedings in
the Mason case, p. 148.
28 PUBLICRECORDS
Treaty with Vncus concerning the land [ ] by
him and other Indians between Hartford and W[indsor,] as also
with Pequannocke Indians, who are now co[ ] to
answere any letters sent from o*" neighbo^^^ of Q,[uinnipiac'] and
to ripen orders formerly in agitacon against [the] next meeting
of the Court : They are also des[ire^ to] putt Mr. Goodwin in
mind of finishing the treaty [ ] of the Towne of
Wethersfeeld with ^eq[uassen] concerning the land beyond
the River : and [the] Governor, Mr. Deputy, Mr. Willis, Mr-
Hopkins, Mr. [ ] Mr. Steele & Mr. Spencer were
intreated to attend [the said] services.
It is ordered that the watch be renewed in each [Towne,
and] begin the second day of the next weeke.
The Court was adiorned till the third T[hursday in[ ]
[24] [Two or three lines are torn from the top of this page, which contains the
record of a Particular Court.]
Jno. Edmunds, Aaron Starke and Jno. Williams were cen-
sured for vncleane practises as foll^. Jno. Williams [Edmunds ?]
to be whipt att a Carts [tail] vppon a lecture day at Hartford.
Jno. Williams to stand vppon the pillory from the ringing of the
first bell to the end of the lecture, then to be whipt at a Carts
[tail,] and to be whipt in like manner att Windsore within 8
dayes following. Aaron Starke to stand vppon the pillory and
be whipt as Williams, and to haue the letter R burnt vppon his.
cheeke, and in regard of the wrong done to Mary Holt to pay
her parents 10/. and in defect of such to the Comonwealth,,
and when both are fit for that condition, to marry her.
It is the mind of the Court that Mr. Ludlow and Mr. Phelps
see some publique punishment inflicted vppon the girle for con-
cealing it soe long.
Mr. Williams brings his action of trespasse aganst Matthew
A-llen for 74 Rod of Corne destroyed through defect of his
fence : Thomas Moore for 10 Rod,
Mr. Woolcott for 60 Rod,
Ann Marshall for 2 Rod,
George Phelpes for 8 Rod,
Jno. Porter for 70.
The Jury find for the pl^S to pay for 224 rod of Corne
OFOONNECTICUT. 29
spoyled, three pounds ; for keeping of the ground 20 dayes,
305; Costs 10s.
[In 7nargin,]
^Mr. ] foreman, [Mr. SJkinner, [Mr.] Steele,
;Mr.] Smith, [Mr.] Moore, [Mr.] Weed, [Jeffe]ry Ferris,
R]obins, [ S]cott, [ Pan]try, [ S]tanley,
] Birchard.
Thomas Bull informed the Court that a muskett with 2 letters
I W was taken vp att Pequannocke in pursuit of the Pequatts,
wch was conceaved to be Jno. Woods who was killed att the
Rivers mouth. It was ordered for the present [that] the musk-
ett should be delivered to Jno. Woods freinds vntill other
appeare.
August the first, 1639.
Jno, Bennett & Mary Holt were both censured to be whipt
for vncleane practises, and the girles M"^ is inioyned to send her
out of this Jurisdiction before the last of the next month.
These following were censured & fined for vnseasonable and
imoderate drinking att the pinnace.
Thomas Come well, 305. Samuell Kittwell, 105.
Jno. Latimer, 155. Thomas Vpson, 205.
Mathew Beckwith, 105.
Jno. Moody had an attachment graunted vppon the g[oods
of Thomas] Gaines, in the hands of Mr. Stoughton, for a debt
[of 5^^ weight of Tobacco.]
[25] A Generall Court att Hartford, the 8"^ of
Aug. 1639.
<
Jno. Haynes Esq*". Gov.
Roger Ludlow, Dep'ty.
Mr. WiUis, Mr. Wells, Mr. Webster, Mr. Hopkins, Mr.
Phelpes.
Comittees. Mr. Talcott, Mr. Spencer, [Jn]o. Pratt, Mr.
Hull, Mr. Porter, Mr. Tappin, Mr. Ward, Geo. Hub-
bard, James Boosy, Mr. Hill, Mr. Stoughton.
The Constables of Hartford were fined 25. Qd, for not return-
4*
30 PUBLICRECORDS
ing their warrants according to order, being much favoured in
regard it was the first tyme and one of them sicke.
Mr. Wells, Mr. Hill and Mr. Ward were intreated to auditt
the last Tres'rs acco.
The order of the 9° March, 1637, concerning powder and
shott is renewed, and yf it be not provided by the severall
Townes within 6 weeks, the penalty to be taken without any
mitigacon.
Whereas there was an order of the IS^h of Febr. 1638, for
surveying the armor and other military provitions in each
Towne once a quarter, w^h hath hitherto beene too much neg-
lected, for the execution hereof Mr. Spencer was now chosen
for Hartford, Mr. Hill for Windsor and James Boosy for Weth-
ersfeeld, and they are to begin before the last of this month ;
And in case any of these persons before chosen be negligent in
this great trust comitted to him, he shall pay 205. for every de-
fault ; and they are to make returne of such Wh they find de-
fective, the nex Pi'ticular Court after each tyme of their view,
and during the tyme of this service they are freed from watch-
ing, warding and trayning.
It is ordered that all the military men shall be trayned att
least 6 dayes in the yeare ; the tymes are to be chosen att the
discretion of the Capt., only the monthes of May, June and
July are excepted vnles it be vppon spetiall occation.
The Tresurers acc° being audited, the Country was found
indebted to him 16/. 10s. 6d.
Mr. Governo"^, Mr. Deputy and Mr. Wells, or any two of
them, are intreated to goe to the Rivers mouth to consult with
Mr. Fenwicke about a treaty of combinacon w^^^ is desi[red]
againe to be on foott with the Bay.
The occations of the Comonwealth being taken into consid-
eracon, it was thought fitt and ordred that a Rate of lOOL. be
made in these plantacons, and Mr. Talcott, Mr. Hull and Mr.
Tapping are intreated to prportion it vppon the several planta-
cons, to be payd in, the one halfe within [one] month and. the
other within 3 monthes.
The Court is adiorned till the 15 of this month.
of connecticut. 31
[26] August the 15o, 1639.
A Meeting of the Generall Court, w'^h was Adiourned
UNTILL THIS DAY.
Mr. Deputy declared that he with Mr. Wells and Mr.
Hooker had repayred to Mr. Fennicke according to the direc-
tion of the Court, whom they found every wayes sutable to
their minds, and in pi^ticular for the present agitacon with the
Bay he is willing the State here should p^ceed to a mutuall agree-
ment for an offenciue and defenciue warr and all other offices
of loue, but desires that matters of Bounds may be respitted
vntill he vnderstand further the minds of the rest that are
equally interested with him in the patent of the River. Vppon
consideracon hereof, Mr. Governo"^ was intreated to write an
answere to Mr. Winthropp that the Court is very ready and
willing to entertaine a firme combinacon for a defenciue and
offenciue warr, and all other mutuall offices of loue and friend-
shipp, according to the propositions formerly agreed, w<=ii are
the desires also of Mr. Fennicke with whom they haue con-
sulted in the case. But the matter of bounds he desires may
be a little respited vntill he haue opportunity to intimate his
owne apprehensions, or some others who have equall interest
with himselfe arriue in these Coasts, whom he hopes to see the
next spring.
M"". Tres"". had order to call in for all the fines due to the
Cuntrey, and for such monyes as are due from the traders for
Bevar.
The manifold insolencyes that haue beene offered of late by
the Indians, putt the Court in mind of that w^^ hath beene too
long neglected, viz*, the execution of justice vppon the former
murtherers of the English, and it was vppon serious con-
sideracon and debate thought necessary and accordingly de-
termined, that some speedy course be taken herein, and for
effecting hereof it was concluded that 100 men be levyed and
sent downe to Mattabesecke, where severall guilty persons re-
side and haue beene harbored by Soheage, notwithstanding all
meanes by way of persuation haue beene formerly used to him
for surrendring them vpp into C handes ; and it is thought fit
that these counsells be imparted to o*" friends att Quinnipi-
32
PUBLIC RECORDS
[ocke] that prvition may be made for the safety of the new
plantacons, and vppon their ioynt consent to p^ceede or desist.
The 100/. rate was layd vppon the severall Townes in this
pj'portion ;
Hartford, 43Z. 00 00
Windsore, 28 06 8
Wethersfeild, 28 13 4
100 00 0
The Courte was adiorned to the 26 of this month.
[27] August the 26°, 1639.
Mr. Webster informed the Court that according to the deter-
minacon of the last meeting, Mr. Deputy, Mr. Willis and him-
selfe acquainted o'" freinds of Quinnipiocke with their purposes
concerning the murtherers, and desired the concurrence of
their apprehensions therein, who fully approving of the thing
yett intimated their thoughts somewhat to differ from o'^ in the
present execution of it, in regard of some new plantacons that
are now beginning and some inconvenience w^h may fall vppon
these parts of the Cuntrey by a noise of a new warr, w^h may
hinder the coming of shipps the next yeare.
Whereas divers of the Pequatts who were given to Vncus
and Antinemo haue planted againe part of the land w<=h was
conquered by us contrary to o"^ agreement with them, It was
thought fitt and ordered, that 40 men be proportioned out of the
severall plantacons and imediately sent away to gather the
Corne there planted by them.
The men are p^portioned for the severall Townes thus,
Windsor, 13
Hartford, 17
Wethersfield, 10
40
It was referred to Mr. Governor, Mr. Willis, Mr. Phelps,
Capt. Mason and Mr. Ward, to agitate this businesse and bring
it to an issue with what speed may be, and they haue power to
presse 20 armes, 2 shallopps and 2 Canowes, for this service.
OFCONNECTICUT. 33
It was concluded that there be a publique day of thanksgiving
in these plantacons vpponthe 18*^ of the next month.
This Court is dissolved.
Sept. the 5th, 1639.
Jno. Haynes Esqr. Gov.
Mr. Hopkins, Mr. Wells, Mr. Phelps, Mr. Webster.
Richard Lyman complayneth against Sequassen for burning
vpp his hedge Wh, before Mr. Governc, formerly he p^mised to
satisfy for, but yett hath not done it. Sequassen appeared and
pi'mised to pay vi^ithin 4 dayes, or elce an attachment to be
graunted.
Edward Hopkins comp*. in behalfe of Mr. Jno. Woodcocke,
against Fr. Stiles, for breach of Covenants, in 500/.
Mr. Stiles desires respite till the next Court in regard of wit-
nes in the Bay : Graunted.
Jno. Moody contra Blachford, for a fowling peece he
bought and should have payd for it 40s. p^ bill of. The Jury
find for the pi. 41 damages, costs 6s.
Ric. Lord against Thomas Allen for 40s. debt. Mr. Allen
appeared not. Mr. Spencer witnessed that he borrowed 40s. in
the Bay, of Ric. Lord and pt'mised to repay it here. 2s. 6^.
graunted for costs and an attachment vppon his goodes.
Fr. Stiles contra Jno. Woodcocke in an action of debt for 2
hhds malt & a hhd of meale.
[28] Samuel Ireland was fined IDs. for contempt of y^ Court
in not appearing vppon a warrant served vppon him. Vppon
his submission he payd 5s. & was acquitted.
Thomas Gridley of Windsore was complayned of for refusing
to watch, strong suspition of drunkennes, contempteous words
against the orders of Court, quarrelling and striking Mr. Stiles
his man : he was censured to be whipt att Hartford and bound
to his good behavior. He entred a recognizance of 10/. for his
good behaviour.
34 publicrecords
October the 3^, 1639.
Mr. Haynes, Mr. Ludlow, Mr. Willis, Mr. Wells, Mr.
Webster, Mr. Phelpes, Mr. Hopkins.
Edwa. Hopkins contra Fr. Stiles, in behalfe of Jno. Wood-
cocke, in an accon for breach of Covenants. Covenants p'^du-
ced. The Jury find that the deft, hath in his hands 80/. and 150/.
for the purchase of the house, and for not taking in 400 acres
of ground according to Bargaine, that Mr. Stiles should take
the house backe againe and repay backe the 230/. v^^ith 70/.
damages; costs 10s.*
It is ordered that the souldiers for the last exploit shall be
payd for 9 dayes, att 2s. p' day, the mony to be payd to the
Constable of every Towne and he to deduct the cost of the
provitions he pressed for them.
Sept. the 10*1^, 1639. A Generall Court.
Jno. Haynes, Esqr.
Mr. WiUis, Mr. Hopkins, Mr. Wells, Mr. Webster, Mr.
Phelpsi.
Comittees : Mr. Steele, Mr. Talcott, Mr. Spencer, Jno.
Pratt, Mr. Gaylord, Capt. Mason, Mr. Hill, Mr. Hull,
Mr. Tapping, Mr. Ward, James Boosy, George Hub-
"bard.
The Constables of Windsor were fined 5s. for not returning
the warrant of the Comittees that were chosen for that Towne.
Mr. Deputy was fined 5s. for being absent.
Mr. Hopkins, Mr. Wells, Mr. Steele and Mr. Spencer were
intreated to ripen some orders that were left vnfinished the
former Court, as about pJ'vition of settling of lands, testaments
of the deceased, and recording spetiall passages of P^'vidence.
The Court was adiorned vntill the second thursday in the
next month, vnlesse spetiall occations occurr to call it sooner.
* An imperfect record of this trial and verdict is made at the bottom of page [25.]
OP CONNECTICUT. 35
[29] OcTOB"" THE lO^Ji, 1639. A Session of the Generall
Court.
Mr. Deputy informed the Court that he hath vnderstood since
his returne, offence hathbeerie taken att some of hispi'ceedings
in his late jorney to Pequannocke, and the parts thereabouts :
he therefore desired to make knowne what had beene done by
* him therein, w^h was this ; Att his coining downe to Quin-
nipiocke the hand of the Lord was vppon him in taking away
some of his Cattle, w^h prevented him in some of his purposes
there for selling some of them : Afterwards att his coming to
Pequannocke he found cause to alter his former thoughts of
wintering his Cattle there, and vnderstanding that the begin-
nings of a Plantacon beyond that was not caryed on according
to the agrement made with those who were interessed in order-
ing the same, and that by some things w^h appeared to him, his
apprehensions were that some others intended to take vp the
sayd place, who had not acquainted this Court with their pur-
poses therein, w^h might preiudiciall to this Comon wealth, and
knowing himselfe to be one of those to whom the disposal of
that plantacon was comitted, he adventured to drive his Cattle
thither, make provition for them there,t and submitts himselfe
to the Court to judge whether he hath transgressed the Coinis-
sion or nott.
The Court taking the premises into consideracon, did vnani-
mously conceaue that his p^ceedings could not be warranted by
thf Comission, nor can he be excused of neglect of his duty,
that he had not given notice to these plantacons of what he did,
notwithstanding his allegations of the inconveniences w^ oth-
erwise might have accrued ; yett that the thing may fully ap-
peare as it is, and matters ordered in a comely maner. It is
conceaued fitt that a Comittee be chosen to repaire thither and
take a view of the aforesayd occations, and yf in their judgments
both persons & things settled by him be soe as comfortably be
confirmed, they may remayne as they are, or otherwise altered
att their discretions ; and they are to report things how they
find them, to the next Generall Court, that then a full issue may
* [Margin] " Mr. Ludlow his Apology for taking vp Vncoa ;"
t [Margin! "and to sett out himselfe and some others house lotts to build on there."
36 PUBLICRECORDS
be given to the matter in hand, as things shall then appeare j
and Mr. Governo'^ and Mr. Wells were intreated to attend this
service, and they are desired to conferr with the planters att
* Pequannocke, to give them the oath of fidelity, make such free
as they see fitt, order them to send one or two deputyes to the
two Generall Courts in September and Aprill, and for deciding
of differences & controversies vnder 405, among them, to
prpound to them & give them power to choose 7 men from
among themselues, with liberty of appeale to the Court here ;
as also to assigne Si'ieant Nicholls for the present to trayne the
men and exercise them in military discipline ; and they are far-
ther desired to speake with Mr. Prudden, and that Plan[tacon]
that the difference betweene them and Pequannocke plantacon
may be peaceably decided, and to this end that indifferent men
may be chosen to iudge who have most right to the places in
controversy and most nead of them, and accordingly determined
as shall be most agreeable to equity and reason.
[30] It is ordered that Mr. WilHs, Mr. Websf and Mr. Spen-
cer shall review all former orders and lawes and record such of
them as they conceave to be necessary for publique concerne-
ment, and deliver them into the Secretaryes hands to be pub-
lished to the severall Townes, and all other orders that they see
cause to omitt to be suspended vntill the Court take further
order.
Mr. Fenwicke, Mr, Whiting, Mr, Hill and Mr, Ward are
nominated by the Court to be presented to the vote of the
Cuntrey for magistratts att the Court in April! next, prvidejfj
Mr. Fenwicke and Mr. Whiting shall be freemen by that tyme.
The Townes of Hartford, Windsore and Wethersfield, or
any other of the Townes wi'thin this jurisdiction, shall each of
them haue power to dispose of their owne lands vndisposed of,
and all other coinodityes arysing out of their owne lymitts
bounded out by the Court, the libertyes of the great River ex-
cepted, as also to choose their owne officers, and make such
orders as may be for the well ordering of their owne Townes,
being not repugnant to any law here established, as also to im-
pose penaltyes for the breach of the same, and to estreat and
levy the same, and for non-payment to distrayne, and yf there
* [In margin] " Gou'r & Mr. Wells. sent to Peq,"
OFCONNECTICUT. 37
be noe personall estate, to sue to the Court to sell his or their
house or land, for making satisfaction, i Also each of the afore-
sayd Townes shall haue power by a generall consent once every
yeare to choose out 3, 5 or 7 of their cheefe Inhabitants, where-
of one to be chosen moderator, who having taken an oath pro-
uided in that case, shall haue a casting voice in case they be
equall; w^h sayd pi^sons shall meett once in every 2 monthes &
being mett together, or the maior part of ihem, whereof the
moderator" to be one, they shall haue power to heare, end and
determine all controversies, eyther trespasses or debts not ex-
ceeding 40s. provided both partyes live in the same Towne ;
also any two of them or the moderator may graunt out suinons
to the party or partyes to come to their meetings to answere
the actions ; also to administer oath to any witnesses for the
clearing of the cause, and to giue judgment and execution
against the party offending. But yf eyther party be grieved
att the sentence, he shall haue liberty to appeale to a higher"
Court, pi'vided it be before iudgment and execution be graunted.
But yf it fall out there be noe ground for the appeale, the Court
to confirme the iudgment and giue good costs, and fine or pun-
ish the p^ty appealing.
The Townes aforesayd shall each of them p^'vide a Ledger
Booke, with an Index or alphabett vnto the same : Also shall
choose one who shall be a Towne Clerke or Register, who shall
before the Generall Court in Aprill next, record every man's
house and land already graunted and measured out to him, with
the bounds & quantity of the same, and whosoever shall neg-
lect 3 monthes after notice given to bring into the sayd Towne
[31] Clerke ||.or Register a note of his house and land, with the
bounds and quantity of the same, by the nearest estimacon,
shall forfeit 105. and soe 10s. a month for every month he shall
soe neglect. The like to be done for all land hereafter graunted
and measured to any ;* and all bargaines or morgages of land
whatsoever shall be accounted of noe value vntill they be re-
corded, for wch entry the Register shall receaue 6d. for every
parcell, delivering every owner a coppy of the same vnder his
hand, whereof 4c?. shall be for himselfe and 2d. for the Secretary
of the Court. And the sayd Register shall, every Generall
• [In margin ;] " Heere insert so mucli ye printed booke fol : 24 : from A : to B :"
5
38 PUBLICRECORDS
Court, in Aprill and September, deliver into the same a tran-
script fayrely written of fell such graunts, bargaines or ingage-
ments recorded by him in the Towne Booke, and the Secre-
tary of the Court shall record it in a booke fayrely written
p'"vided for that purpose, and shall preserue the coppy brought
in vnder the hand of the Towne Clerke. Also the sayd Towne
Clerke shall haue for every serch of a parcell Id. and for every
coppy of a parcell ijd ; and a coppy of the same vnder the hands
of the sayd Register or Towne Clerke and two of the men
chosen to governe the Towne, shall be a sufficient evidence to
all that haue the same.
After the death and decease of any person possessed of any
estate, be it more or lesse, and who maketh a will in writing or
by word of mouth, those men w'^h are appointed to order the
afFayres of the Towne where any such person deceaseth, shall
within one month after the same, at furthest, cause a true In-
ventory to be taken of the sayd estate in writing, as also take a
coppy of the sayd will or testament and enter it into a booke or
keepe the coppy in safe custody, as also enter the names vppon
record of the Children and Legatees of the Testator or deceased
p'son, and the sayd orderers of the afFayres of the Towne are
to see every such will and Inventory to be exhibited into the
publique Court, within one quarter of a yeare, where the same
is to be registered ; and the sayd orderers of the afFayres of the
Towne shall doe their indeauour in seeing that the estate of the
Testator be not wasted nor spoyled, but improved for the best
advantage of the Children or Legatees of the Testator, accord-
ing to the mind of the Testator, for their and euery of their use,
by their and every of their allowance and approbacon. But
when any p^son dyeth intestate, the sayd orderers of the afiayres
of the Townes shall cause an Inventory to be taken, and then
the publique Court may graunt the administracon of the goodes
and Chattells to the next of kin, jointly or severally, and divide
the estate to wiefe (yf any be,) children or kindred, as in equity
they shall see see meet ; and yf noe kindred be found, the Court
to administer for the publique good of the Comon, p^^vided there
be an Inventory registered, that yf any of the kindred in future
tyme appeare they may haue justice and equity done vnto
them ; and all charges that the publique Court or the orderers
OFCONNECTICUT. 39
of the afFayres of the Townes are att about the trust comitted
to them, eyther for writing or otherwise, it is to be payd out of
the estate.
Within 20 dayes after the end of this Court, the Secretary
shall provide a coppy of all the penall lawes or orders standing
in force, and all other that are of generall concernement for
[32] the II governement of the Comonwealth, and shall giue
direction to the Constables of every Towne to publish the same
within 4 dayes more, att some publique meeting in their severall
Townes, and then shall cause the sayd lawes and orders to be
written into a booke in their severall Townes, and kept for the
use of the Towne, and soe for future tyme for all lawes or orders
that are made as aforesayd, each session of the Generall
Courts ; and once every yeare the Constables, in their severall
Townes, shall read or cause to be read in some publique meet-
ing all such lawes as then stand in force and are not repealed ;
and the Secretary of the Court shall haue 12c?. for the coppy of
the orders of each session of every generall Court, from each of
the Townes.
Also, the Secretary of the Court shall have xijd. for every ac-
tion that is entred, to be payd by him that enters the action,
and he that is cast in the suit to allow it in costs.
Whatsoever member of the generall Court shall reveale any
secrett w^i* the Court inioynes to be kept secrett, or shall make
knowne to any p^son what any one member of the Court speaks
concerning any p^son or businesse that may come into agita-
con in the Court, shall forfeit for every such fault ten pounds,
and be otherwise dealt withall, at the discretion of the Court.
And the Secretary is to read this order att the beginning of
every generall Court.
For the better keeping in mind of those passages of Gods
p«"vidence w^h haue beene remarkable since c first undertaking
these plantacons, Mr. Deputy, Capt. Mason, Mr. Stone, Mr.
Goodwine, Mr. Chapleyn, and George Hubberd, are desired to
take the pains severally in their severall Townes and then
ioyntly together, to gather vp the same, and deliver them into
the generall Court in Aprill next, and yf it be iudged then fitt,
they may be recorded ; and for future tymes whatsoever re-
markable passages shall be, yf they be publique, the sayd partyes
40 PUBLICRECORDS
are desired to deliver in the same to the generall Court. But
yf any p^ticular p^son desires to bring in any thing, he shall
bring it vnder the handes of two of the aforementioned pJ'tyes
that it is true, and then present it to the general! Court, that yf
it be there iudged requisite it may be recorded ; provided that
any generall Court for the future may alter any of the partyes
beforementioned or add to them as they shall iudge meet.
The Court was dissolved.
[33] NOVEMB' THE 7*^^, 1639. A PrTICULAR CoURT.
Jno. Haynes Esq^., Mr. Wells, Mr. Webster, Mr. Phelps.
Richard Gildersley contra Jacob Waterhouse, in an action
of debt. Jury find for pl^. 14/. 185. Qd. Costs & damages Qs.
Jacob Waterhouse contra Ric. Gildersleeue, in an action of
debt. The Jury find for the pl^.
For a hogg, 21. Os. Od.
Damages, 1. 17. 4.
Costs of suite, 0. 6. 0.
3. 17. 4.
The Court adviseth vpon informacon given that the levying
of Mr. Michell his fine be forborne vntill the next Generall
Court.
The Court admitteth the relict of Jno. Brundish of Wethers-
field deceased to be Administratrix for the use of her and her
children.*
Dec. the 5th, 1639. A PrTicuLAR Court.
Jno. Haynes Esqi"., Roger Ludlow, Mr. Hopkins, Mr.
Willis, Mr. Wells, Mr. Webster, Mr. Phelps.
Richard Westcoat contra Jno. Plum, in an action of tres-
passe, to the value of 10/. The Jury find for the pK. 6 Bush-
ells of Corne : costs of suit 12s.
* An Inventory of the estate of John Brundish is recorded at page [70]
I
OF CONNECTICUT. 41
Jno. Plum contra Wm. Westcoat in an action of the case,
not prforming the trust of a Covvkeeper, to his damage of 20/.
The Jury find for the Deft.; costs 12s.
January the 2^^, 1639. A PrTicuLAR Court.
Wm. Clarke, servant to Jno. Crow, was fined 405. for misde-
meanor in drinking, and corporall punishment was remitted
vppon his p^mise of his care for the future to avoyd such
occations.
Execution was granted to Richard Westcoat.
It was thought fitt and ordered that Frauncis Norton and
Thomas Coleman shall haue power to call before them such as
Mr. Plum shall suggest to them, to be (as he conceaues) joint
offenders in the damage layd vppon his swine in the case of
Ric. Westcoat, eyther in regard of any other Cattle that were
knowne to be in the sayd Corne, or weaknesse of fence, or
neglects in keeping shutt any gate or gates into the sayd Corne.
and yf they can with the consent of the partyes, to divide the
sayd damages layd vppon Mr. Plum. But yf they agree not, to
returne their opinions concerning the same into the Court.
[34] January the 16^^, 1639. A Generall Court.
Jno. Haynes Esq""., Roger Ludlow Esq''., Mr. Willis, Mr.
Hopkins, Mr. Webster, Mr. Welles, Mr. Phelpes.
Comittees. Mr. Steele, Mr. Spencer, Mr. Talcott, Jno.
Pratt, Mr. Hill, Mr. Hull, Mr. Gaylord, Mr. Stoughton,
Mr. Ward, Thurston Rayner, James Boosy, Ric. Crabb.
Mr. Governor" informed the Court that the occation of calling
them together att this tyme was att the importunity of o'' neigh-
hoi's of Wethersfeeld, who desired to haue some answere to
their request concerning Vncoa, and therevppon he related that
himselfe with Mr. Wells, according to the order of Court, went
thither, and tooke a view of what had been done by Mr. Lud.
low there, and vppon due consideracon of the same they haue
thought fitt, vppon Mr. Ludlowes assenting to the tearmes pro-
pounded by them, to confirme the same.
5*
42 PUBLIC BECORDS
It is ordered both for the satisfaction of those of Hartford
& Windsore, who formerly mooved the Court for some inlarge-
ment of accommodacon, and also for o"" neighbor's of Wethers-
feeld who desire a plantacon there, that Mr. Phelps, Mr. Hill,
Thomas Scott, Wm. Gibons, Robert Rose and James Boosy,
shall as soone as with any conveniency may be, view those
parts by Vnxus Sepus W^h may be suitable for those purposes
and make report of their doings to the Court wch is adiorned
for that end to the 20^^ of Febr. att 10 of the clocke in the
morning.
Febr. the 20*1^ 1639. A session of the Generall Courte.
Mr. Hull moved the Court in behalfe of Thomas Foard of
Windsore, that in regard the workemen are much taken vp and
imployed in making a bridge and meeting house with them, and
his worke hendred of impaling in the ground w^h was graunted
him by the Court for a hogg parke, that there may be graunted
him a yeare longer tyme for the fencing it in ; w^h was vppon
the reasons aforesayd condiscended to.
O"' neighbors of Wethersfeeld, in regard the weather hath not
hitherto suited for the viewing of Vnxus Sepos, and that a Gen-
erall Court ere long will fall in course, intimated their willing,
ness to deferr the issue of the busines vntill then ; onely it was
conceaued fitt and ordered accordingly, that Mr. Wells, Capt.
Mason and George Hubberd be added to the former Comittee,
who are with their view to vnderstand the desires of o^" neigh-
bC's of Wethersfeeld, and to consider of such bounds as they
iudge fitt for them, and to returne their opinions to the Court.
Mr. Deputy was intreated to consider of some orders concern-
ing an inquiry into the death of any that happen eyther acci-
dentally or by violence, and for disposing the estate of persons
that dy intestate, and for ye power of the magistrate in inflict-
ing corporall punishment, and present it to the next Court, as
also what course may be best taken with any that shall buy or
possesse lands within this Jurisdiction, that the publique good
may be best promoted.
The Court was dissolved.
OF CONNECTICUT
43
[35]
Febr. the 6*1', 1639. A PfTicuLAR Court,
Jno. Haynes Esq"".
Roger Ludlow Esqr., Mr. Willis, Mr. Hopkins, Mr.
Welles, Mr. Webster, Mr. Phelpes.
Jno. Porter was sworne a Constable for Windsore, Nathan-
iell Eli for Hartford, Robert Rose for Wethersfeeld, for the
yeare ensueing.
Whereas there was graunted the first of August last an exe-
cution to Roger Williams and others of Windsore, vppon the
goodes of Mr. Mathew Allen, for 51. damages and costs, in a
tryall of 12 men, w^h execution was served by the officer of the
Court and goodes or Cattell sold for pi'formance of the same,
and the remainder offered by the sayd officer to Mr. Allen,
well he refused. The officer now brought fower pounds six
shillings into the Court, w^h was delivered into the hands of
Mr. Tres"". vntill further orders.
Mr. Oldams estate being examined the account of it as it
stands in this Jurisdiction is as followeth :
Estate of Mr. Oldam deceased is debtor.
To Mathew Marvine,
To Richard Lord,
To Wm. Lewis,
To Edward Mason,
To Jeffery Ferris,
To Henry Browning,
To Thomas Staunton,
To Thomas Scott,
To Mr. Chapleyn,
To Mr. Pincheon,
To Andrew Warner,
To Edwa. Stebbing,
To Mr. Talcott,
To Mr. Jno. Haynes,
To Mathew Allen,
To Lieftenant Seely,
To Edward Hopkins, &
It was thought fit and ordered that this Acco be sent to the
Bay, and yf a iust ace" be also returned from thence in a rea-
£.
s.
d.
1,
6.
8.
5.
5.
0.
9.
12.
3.
P' Contra is Creditr,
3,
3.
0.
By Lieftenant Seely, £28.
15. 2.
3.
15.
0.
By Jno. Chapman, £ 4.
15. 0.
11.
0.
0.
By Ric. Lawes, £ 6.
4, 11,
03.
5.
0.
By Mr, Chapleyne, £89,
15. 2.
00.
18.
0.
By Thomas Allen, * £ 6,
16. 6.
146,
18.
0.
,
022.
19.
9.
£136.
6. 9.
009.
19.
0.
_
002.
13.
4.
021.
6.
3.
Jan. the 6o, 1640.
002.
0.
0.
W" Lewis abated out of his
debt on
020,
15,
0.
the other side 21. 16s., w'^'' h(
s was to
010.
13.
0.
allow for a hogg he bought
Oldam.
of Mr.
!, 229.
00
0.
0504.
09.
3.
44 PUBLICRECORDS
sonable ty me, an equal division may be made of the whole ; yf
not, the estate here shall be divided among the Creditors here.
Frauncis Norton and Thomas Coleman deliuered into the
Court their apprehensions touching the case betweene Mr,
Plum and Ric. Westcoatt, w^^ being taken into full considera-
con by the Court, It was ordered that the iudgment by the jury
shall stand, and execution to be graunted to Westcoatt ; but it
is thought fitt that JefFery Ferris shall allow Mr. Plum two
bushells of Corne, towards the damages layd vppon his swine,
in regard his fence is found to be insufficient, and his Cowes
were pi'ved to be in Westcoatts corne, and Mr. Chester is to
allow Mr. Plum one bushell of Corne, in regard his bore was
found to be in the sayd Corne as well as Mr. Plums.
[36] And it was further ordered that JefFery Ferris, in regard
he challenged the partyes interessed by the Court for searching
out the sayd businesse, not to be indifferent men, and denyed
to attend them according to the order of Court, shall pay as a
fine to the Cuntrey 205.; and in regard he was one occationof
much charge to Mr. Plum in bringing many witnesses this day,
vppon his suggestion to the Court that they would not speake
that that in the face of the Court w<=h they did before the Com-
issioners, w^h was found otherwise, he was adiudged to pay lOs.
to Mr. Plum towards his charges ; and Richard Westcoat, for
misleading Jno. Whitmore, was fined 105. to the Cuntrey.
March the 5^^, 1639. A P^'ticular Court.
^^
Jno. Haynes Esqi". Governor'.
Roger Ludlow Esq''. Dep'ty.
Mr. Hopkins, Mr. Wells, Mr. Webster, Mr. Phelpes.
This present day there was returned into the Court by Mr.
Gaylard, one of the overseers, a Coppy of the estate of the chil-
dren of Thomas Newbery deceased, dated the lO^i^ of Febr.
1639, subscribed by Mr. Ludlow, Mr. Phelpes, Mr. Huett, Mr.
Hill, George Hull and Wm. Hosford.
Whereas a difference hath arisen betweene Mr. Smith and
some others of Wethersfeeld, about the measure of some ground,
OFCONNECTICUT. 45
w^h being long debated it was thought fitt that it be referred to
some indifferent men to issue, and Mr. Wells and Mr. Webster
are intreated by the Court, in the first and fittest season to goe
downe to Wethersfeeld, and to settle the same as in equity and
justice they shall see fitt, that peace and truth may be contin-
ued. But it was iudged very equall and reasonable, in regard
Mr. Smith in setting vp his posts p^ceeded in a legall and iust
way, that he be not putt to the charge of taking vp and setting
downe his posts againe : the rule that Mr. Wells and Mr. Web-
ster are to goe by is one of the other 3 ranges of meadow, and
they may call whom they thinke meet in Weathersfeeld to assist
in the busines.
Whereas there was an attachment graunted to Ric. Lord
vppon the goodes of Thomas Allen, for 42s. Qd. debt and costs,
the attachment was served and 6 cushions, 3 Barstable ruggs,
6 paire of Childrens shues, one paire of Boots, and an ould
Cloakebagg were put into the hands of Thomas Staunton vntill
the action be tryed, and further order taken therein.
Mr. Deputy returned a recognisance into Court wherein
James Northam was bound by nim for his appearance this day.
But he came nott.
[37] Aprill the 2^1, 1640. A PfTicuLAR Court.
Jno. Haynes Esq^. Gov.
Mr. Willis, Mr. Welles, Mr. Webster, Mr. Phelpes, Mr.
Hopkins.
Mary Brunson, now the wiefe of Nicolas Disborough, Jno.
Olmested, Jonathan Rudd and Jno. Peerce were corrected for
wanton dalliance and selfe pollution.
This day Rachel Brundish of Weathersfield presented an In-
ventory of her husbands estate,* w^h amounted (all debts being
payd) to 90/. 5s. 4g?. and the house and land was rated at 130/.
And it was thought fitt and ordered that the relict of the sayd
Jno. Brundish shall haue to her owne use the 90/. 5. 4.; and the
land with the house to be for the childrens portions, vizt. 30/.
to the Sonne and 25/. a peece to each of the 4 daughters to be
* Recorded at page [70.]
46 PUBLICRECORDS
payd into the Court for their use when each of them come to
the age of sixteene yeares and in the raeane tyme the widow to
haue the use of the land for bringing vp the children.
It was also ordered that yf the sayd Rachell doe thinke fitt
to sell the house and land, she may haue liberty soe to doe, pro-
vided before she make any sale thereof she giue suffitient secu-
rity into ye Court for the payment of the childrens portions att
the tymes prefixed A and for the due education of them ; and
having soe done, she may make her best advantage of the sayd
house and landes, provided also that yf any one or more of the
children depart this life before they come to the age of 16
yeares, his or their portion is to be divided equally among those
that survive.
> These elected Magestrats.
[39] Aprill the IXth. 1640. The Court of Election.
Mr. Hopkins Esq^ Gouerr.""
Mr. Haynes, Deputy,
Mr. Wyllis,
Mr. Ludlow, absent
Mr. Welles,
Mr. Phelps,
Mr. Webster,
Deputy es : Mr. Steele, Mr. Talcott, Mr. Spenser, Ed:
Stebbing, W\\\^. Gaylard, Tho : Ford, Mr. Stoughton,
Mr. Hull, Thurston Rayner, James Boosy, George Hub-
berd. Rich : Crabbe.
These were made Free : —
These inhabitants of Wyndsor: Mr. Ephra: Huytte, Mr.
Arther Willms, Michaell Tray, Richard Parsons, Tho : More,
John More, Tho : Dyblie, Henry Clarke, Willin : Gylbert, Tho:
Bassette, Elias Parkma.
Hartford : Daniell Garrette, Robert Wade, Tho : Seldon.
Mr. Parke at Wethersfyeld.
It is Ordered that the Gouernor shall giue Mr. Ludloe his
Oath, for the place of Magestracy.
It is Ordered that yf any Indean be discouered by the Watch
in the night wthin any of the Plantations of this Jurisdiction, or
OFCONNECTICUT. 47
be found by the ward in the day breakeing open any house or
offering any desp^ate assaulte, w^h may indaynger the life of
any p^son, it shall be lawful! for the watch or ward in such case
to shutte any such Indean or Indeans, if he or they shall not
subiect theselues to the watch or ward. And that Tho : Steyn-
ton shall, w^hin fowerteene dayes, giue notice of this Order to
all the Chiefe Indeans who haue ordinary recourse to these
Plantations.
It is Ordered that the Towne of Wyndsor shall haue liberty,
vntill the Generall Courte in September next, to bring in the
Records of their lands.
It is Ordered that Mr. Haynes, Mr. Ludloe & Mr. Welles
shall setle the diuision of the bounds betwixt Paquanocke &.
Uncowaye, by the 24*^ day of June next, according to their
former Cornission : And also that they tender the Oath of Fidel-
lity to the Inhabitants of the said Townes, and make such free
as they shall aproue of
Aprill the Xth. 1G40.
Forasmuch as many stubborne & refractory Persons are
often taken wt^in these libertyes, and no meet place yet p^pared
for the detayneing & keepeing of such to their due & deserued
punishement, It is therefore Ordered that there shall be a house
of Correction built, of 24 foote long & 16 or 18 foote broad,
wth a Celler, ether of wood or stonne, according as Mr. Tal-
cotte, Ed : Stebing, Tho : Ford and James Boosy shall thinke
meete, who are chosen by the Courte to lette out the worke, ap-
poynt out the place & to order and directe whatsoeuer occa-
tions and businesses that may fall out for the compleate finish-
ing the said house, w^h is to be done by the next Courte, in Sep-
tember.
Forasmuch as many Persons intangle thmselues by rashe &
inconsiderat Contracts for their future joyneing in Maridge
Couenant, to the great troble and greife of theselues and their
frynds ; for the avoyding whereof, It is Ordered, That whoso-
euer intend to joyne themselues in Maridge Couenant shall
cause that their purpose of Contracte to be published in some
publike place & att some publike meeting in the seuerall
48 PUBLICRECORDS
Townes where such persons dwell, at the lest, eight dayes be-
fore they enter into such Contracte, whereby they ingadge
[41] theselues ech to other; and that 1| they shall forbeare to
joyne in Maridge Couenant at lest eight dayes after the said
Contracte. And also the Magestrate who solemnizeth Mariedge
betwixt any, shall cause a record to be entered in Courte of
the day & yere thereof.
It is Ordered, that Mr. Moody of Hartford, and Ensigne
Stoughton of Wyndsor, shall be pi'ferred Liuetenants, and Mr.
Rocester of Wyndsor shall be p^^ferred Ensigne, for the severall
bands in the said Townes.
It is Ordered, that the Liuetenants & Ensignes shall be freed
fro watching & warding, and the Seargeant fro warding and
halfe their watch.
Aprill XI. 1640.
It is Ordered, there shall be a Rate of a hundred pownd
leuyed vppon the Country, w^h is to be proportioned by Mr. Tal-
cott, Mr. Stoughton & James Boosy ; — who haue p'portioned
the said Rate as followeth :
Imprs, Hartford, 43/. 0. 0.
Wyndsor, 28. 10. 0.
Wethersfyeld, 28. 10. 0.
Sum 100/,
Mr. Steele is returned Recorder for the Towne of Hartford;
and hath brought into the Courte 114 coppyes of the severall
p^cells of land belonging to & conserneing 114 p^sons.
Mr, Rocester is returned Recordor for the Towne of Wynd-
sor.
Mr. Michell is returned Recordor for the Towne of Wethers-
fyeld, but he is found vncapable of the place, lying vnder cen-
sure of the Courte, and he and the Towne who chose him to
that place are to haue notice to apeare at the next adiourne-
ment of the Courte. They are to haue liberty to bring in the
Records of their lands vntill the Generall Courte in September
nexte.
The Courte adioyrned vntill the 2'^ Thursday in June, 1640.
OFCONNECTICUT. 49
[42] The P»'ticuler Courte May the vii'ii, 1640.
Mr. Ed : Hopkins Esqf. Gou^
Mr. Haynes, Deputy.
Mr. Wyllis, Mr. Welles, Mr. Phelps, Mr. Webster.
George Abbott of Wyndsor, searuant to*
he is adiudged to pay fiue povvnd fyne for selling a pystoU &
powder to the Indeans, and to be bound to his good behauior.
He is to be disposed of by the Courte for further searvice, to
his Master or some other as they shall judge meete, for his pay-
ing the said fyne.
Simon Hoyette and his family are to be freed fro watch &
ward vntill there be further Order taken by the Courte.
Andrew Bacon and John Barnard haue returned into the
Courte a Inventory of the goods of Tho : Johnson decessed, to
the some of 11/. 5s. lOd.
At the request of Mr. Phelps, in the behalfe of Mr. Rocester,
an attachment is graunted for the Constable of Wyndsor to dis-
treyne & take into his custody 20 bush^. of Corne, of James
Nortons of Quinipwucke, and that to keepe vntill the said
James shall appeare at the Courte at Hartford and there an-
swere what shall be laid to his chardge.
Mr. John Shareman of Wethersfyeld is to be freed fro
watching vntill the Courte take further Order.
John Hopkins of Hartford is also freed fro watching vntill
further Order be taken by the Courte.
Whereas there was an Agreement betwixt the Inhabitants of
Wethersfyeld and Liuetenant Seely that the differences betwixt
them in sute for Lands, should be referred to Arbitriment by
partyes betwixt them agreed vppon, vizt. Mr. Hooker &, Mr.
Welles, and in case they two should differ, they were to chuse
a third, for the issuing thereof, who did accordingly make choyce
of Mr. Webster, the Court also consenting thereunto. It is now
the App^hension of the Courte that the foresaid partyes shall
stand to the award as yt is deliuered in by the said Mr. Web-
ster, vizt. That the said Inhabitants of Wethersfyeld shall pay
to the said Liuetenant, 150 bush^ of Corne, and this the Court
adiudgeth to be paid by ech mans proportion through't the
* This blank occurs in the original.
50 PUBLICRECORDS
whole Meadowes. The said Liuetenant is also to be alowed
20s. for his chardges and delay of payment.
[43] The PrTicuLER Court. June 4th, 1640.
Mr. Ed : Hopkins Esq'. Gour,
Mr. Haynes,
Mr. Wyllis, Mr. Welles, Mr, Phelps, Mr. Webster,
Ed : Veare of Wethersfyeld is fined Xs. for cursing & swere-
ing, and also he is to sitt in the stocks at Wethersfyeld, two
howers the next Trayneing day.
Willia. Hill of Hartford, for buying a stolen peece of Mr.
Plums man, and brekeing open the Coblers Hogshed & Packe,
for boath these mysdemenors hes fyned fower pownds to the
Country.
Nicholas Olmsteed for his laciuious caridge & fowle mysde-
menors at sundry tymes w^h Mary Brunson is adiudged to pay
twenty pownd fyne to the Country, and to stand vppon the
Pillery at Hartford the next lecture day dureing the time of the
lecture. He is to be sett on, a lytle before the begining & to
stay thereon a litle after the end.
The foresaid Nicholas Olmsteed acknowledgeth hymself to
be bound in a Recognizance of xxx/. to the Country, to repaire
the foresaid next lecture day by nyne of the clocke to the Con-
stable of Hartford, to submitt to the said judgment of the
Courte.
[44] A Generall Courte. June xi^h, 1640. Hartford.
Mr. Ed : Hopkins Esq'-. Gou''.
Mr. Haynes, Deputy.
Mr. Wyllis, Mr. Welles, Mr. Phelps, Mr. Webster.
Beputyes ;— Mr. Steele, Mr. Talcott, Ed : Stebing, Willm
Gaylard, Mr. Stoughton, Mr. Hull, Thurston Raynor, James
Boosy, Richard Crabbe.
OF CONNECTICUT. 51
It is Ordered, that if any deputy shall be absent vppon such
occation as the Gouerno'' for the tyme being shall approue of,
or by the P^'uidence of God shall decease this life, wt^in the
adioyrnement of any Courte, that yt shall be at the liberty of
the Gou"" to send forth a warrent in such case, for supply there-
of, vppon resonable warneing.
It is Ordered, that the highway betwixt Hartford &, Wynd-
sor, as yt was laste sette forth vppon the vpland, shall be made
sufficiently passable, by ech Towne what lyeth wt^^nn their owne
bownds, wti^in the space of on month, and there shall be liberty
graunted to vse the highway through the meadowes vntill the
said vpland highway be so sufficiently mended, for horse and
drifte, as yt shall be aproued of by Mr. Plum, James Boosy,
Henry Wolcotte & Tho : Scotte, and then the highway through
the medowe to cease.
Richard Gyldersly was conuented before the Courte for
casteing out p^nitious speeches, tending to the detriment &
dishonnor of this Comonwelth, and was fyned to pay to the
Country forty shillings, and was bownd to his good behauior,
in a Recognizance of 20/. to apeare at the next Generall Courte,
to the w^h he submitted himselfe.
Whei'eas the Dutch Catle are impounded for trespassing the
Englishmens Corne, It is the iudgment of the Courte that the
Dutchmen shall be made acquainted w^^ the trespasse, and
satisfaction demaunded, the w^h if they refuse to pay, the Cat-
tell are to be kepte in the pownd three dayes, and then to be
prysed &; sold, and the trespasse to be satisfied, togather w'^
the chardge of impounding, keepeing & tending the said Catle
dureing their custody.
Yf Mr. Michell shall giue satisfaction to Mr. Chaplin in some
publike meeting, as prte of his censure, by acknowledging his
fault, in such forme and manner as he hath related to this
Courte, It is referred to the p^ticuler Courte to continue or take
off his former censure as they shall see cause.
The said Mr. Michell, for vndertaking the office of Towne
Clarke or Recordor, notw^^istanding his vncapablenes of such
office by censure of Courte, he is fyned to pay to the Country
twenty Nobles.
That prte of the Towne of Wethersfyeld who chose the said
52 PUBLICRECORDS
Mr. Michill to office, notw^'^standing the censure of Courte, are
fyned to the Country five pownds.
Its desired that Mr. Gouernor & Mr. Deputy should returne
an answer to the laste letter sent fro the Dutch Gouernor.
Mr, Gouernor, Mr. Deputy & Mr. Wyllis are desired to
treate w^h the Ilandors & Vncuus, conserneing the Mohegins
kylling the Indean w^h a peece, and to put yt to issue, if they
can, or returne y t agayne to the Courte.
Forasmuch as our lenity & gentlenes toward Inde ans hath
made the growe bold & insolent, to enter into Englishemens
howses, and vnadvisedly handle sowrds & peeces and other in-
struments, many times to the hazard of the lymbs of Hues of
Englishe or Indeans, and also to steale diuers goods out of such
howses where they resorte ; for the pi'uenting of such mischeifs,
yt is Ordered, that whatsoeu"" Indean shall hereafter medle w^^
or handle any Englishemans weapens of any sorte, ether in
their howses or in the fyelds, they shall forfeit for euery such
default halfe a fadom of wampu ; and if any hurt or || iniury
[45] shall therevppon followe, to any p^sons life or lymbe
(though accidentall) they shall pay life for life, lymbe for lymbe,
wound for wound, and shall pay for the healeing such wounds
& other damages ; and for any thing that they steale, to pay
double, and suffer such further punishement as the Magestrats
shall adiudge the. The Constable of any Towne may attach
and areste any Indean that shall transgresse in any such kynd
before mentioned, and bring the before some Magestrate, who-
may execute the penalty of this Order vppon offendors in any
kynd excepte life or lymbe ; and any p^son that seeth such de-
faults may p^secute & shall haue halfe the forfeiture.
June the 15*^, 1640. The Order concerneing Artificers &
laborers for wages, is renewed dureing the pleasure of the
Courte.
The p^ticuler Courte is to conclude the conditions for the
planting of Tunxis.
And also to p^'secute the murtherers as they shall see cause»
vppon consultation w^h the Bay and o"" neighbor Plantations
aboute the sea coste.
It is Ordered, that the Magestrats shall send for the Tribuit of
the Indeans aboute Cuphege, Vncoway &c there aboute.
OFCONNECTICUT. 53
It is Ordered, that in all appropriated ground, the owners
thereof shall bound every p^ticular pfcell w^^ sufficient mere-
stones, and so to p^searve & keepe them.
It is Ordered, that Mr. Ludlowe, Mr. Hopkins & Mr. Blak-
man shall survey & divyde and sett out the bownds betwixt the
Plantations ofCuphege & Vncoway, p^vided if they cannot ac-
cord, Mr. Welles at his next coming to those p'ts shall issue yt.
It is Ordered, that whatp^'son or p^sons wthin this jurisdiction
shall, after September, 1641,drinke any other Tobacco but such
such as is or shalbe planted w^^in these libertyes, shall forfeit for
every pownd so spent fiue shillings, except they haue license fro
the Courte.
Whereas by an Order the 14^^ of January, 1640, none is to be
chosen a Magestrate but such as are p^^pounded in some generall
Courte before, yet notw^^standing, as Cuphege & Vncoway are
somewhat farre distant fro this Courte, and there is a necessity
of the dispensation of justice in those Townes, therefore in the
meane & vntill the next Generall Courte of Election, yt it
thought meet & so ordered, that Mr. Willia Hopkins ofCuphege
be a Corhissionr to joyne w^^ Mr. Ludlow in all Executions in
their p^'ticuler Courte or otherwise, & is now sworne to that
purpose.
[46] Whereas by an Order the seaventh of December last, the
difference betweene ]Mr. Allen & Wyndsor conserneing land
purchased of Plymoth, was, by consent, referred to Mr. Haynes,
Mr. Ludlowe, Mr. Hopkins, & Mr. Phelps, to end the same, &
what is agreed on by the is to be yelded vnto on boath sides ;
according to w^h Order & reference we who are mentioned in
the saide Order haue seriously weighed all such arguments as
haue bine tendred vnto vs on both syds, and we cannot see but
Mr. Allen ought to be subiecte, for the said land & purchase, to
the lawes & Orders and Jurisdiction of this Comonwelth, and by
a necessary consequence, subject to that Plantation of Wyndsor,
wherein the said land lies, & to all such resonable & lawfuU
Orders as are agreed there for the publike good of the same, and
in equall p^portion to beare his share in all rates there, soe as
while he or his successors Hue elsewhere then he or they are to
pay only according to his p^portion of land there, & p^fitte &
benefitts thence ariseing, and such stocke as is resident or
vsually imployed in & thereuppon. And o"" judgment for the
6*
54 PUBLICRECORDS
pi'sent is, that the said Mr. Allen nor his successors should not
be rated in any other place for that land and estate he hath
there, as afores'd. It is intended that Mr. Allen haue notice
giuen him, in conuenient tyme, of all such orders as doe or may
concerne him, and that the orders, be such as ly w^^^in his
compasse & power to accomplishe & p^forme in aresonable
way.
Dated the 4*^ of Ja : 1638, and subscribed by
Jo : Haynes,
Ro : Ludlowe,
Ed : Hopkins,
Will' Phelps.
An Oath for Paqua' and the Plantations there.
I %. 33. being by the P>"uidence of God an inhabitant wt^iin
the Jurisdiction of Conectecotte, doe acknowledge myselfe to
be subject to the gou^ment thereof, and doe sweare by the
great and dreadfull name of the eui^liueing God to be true and
faythfull vnto the same, and doe submitt boath my p^'son &
estate thereunto, according to all the holsome lawes & orders
that ether are or hereafter shall be there made by lawfull au-
thority : And that I will nether plott nor practice any euell
agaynst the same, nor consent to any that shall so doe, but will
tymely discou"" the same to lawfull authority estabhshed there;
and that I will mayntayne, as in duty I am bownd, the honor
of the same & of the lawfull Magestrats thereof, promoteing the
publike good thereof, whilst I shall so continue an Inhabitant
there, and whensou'' I shall give my vote, suffrage or p^xy,
being cauled thereunto, touching any matter w^^ conserns this
Comonwelth, I will giue yt as in my conscience may conduce
to the best good of the same, w^^out respect of pt'son or favor
of any man; so helpe me God in the Lo: Jesus Christ.
[48] July the 2'^, 1640. The P'tjculer Courts.
Samuell Smith pl^ ag* Andrewe Waird.
Richard Coker pi* agt John Cable.
Richard Lord pi* agt Tho : Robinson.
OPCONNECTICUT. 55
Ed : Hopkins Esquire, Gou''.
Mr. Haynes, Mr, Wyllis, Mr. Welles, Mr. Phelps, Mr.
Webster.
The Jury : — Willia Whiting, Gent. Ju\, Robert Parke,
John Edwards, Robert Abbott, John Notte, Bray Roces-
ter, Richard Whithead, John Byssyll, Walter Fyler,
Willia Wodsworth, Richard Lord, Gregory Wynter-
ton, Ju\
John Haynes, Esquire, pi* ag* John Cockerryll defend* in an
action of debt of xiij /. The Jury find for the plan*. The
defend* is to pay damages xiij /. and costs of sute viij s. The
Courte graunts the pi execution ag* the body or goods of the
defend* for the foresaid damages and Costs.
M"^. Mytchel hath this day returned into Court his acknowl-
edgement to Mr. Chaplin, and for that, w*h other considera-
tions, for former extraordinary chardges w<=^ he hath formerly
borne for publike seruice at the Forte, the Court hath remitted
his former censure.
Nicholas Senthion, for not apeareing to witnesse agaynst
Aron Starke, is fyned to pay fiue pqwnd to the Country.
John Porter, one of the Constables of Wyndsor, is to keepe
the said Aron Starke w*i^ locke and chaine and hold him to
hard labour & course dyet vntill he be cauled to bring him forth
vppon the next soinons.
The said Aron being accused of [bestiality, confessed that
he had committed the crime,]
John Euens, for his contempte ag* the Townsmen, is fyned
xs.
Andrewe Bacon and John Barnard an appoynted to sell the
goods of the Cobler* deceased, formerly taken by Inventory
given into Courte by the said partyes.
It is Ordered, that whosoeuer enters any action in the Court,
the Plan*, shall pay the costs of Court, though the action be
not tryed, and the Jury to haue their pj'ts.
George Wolcott acknowledge himselfe to be bownd in a
Recognizance of ten pownd that his brother Henry Wolcott
shall p^secut an action of the case & bring it to tryall ag*
* Thomas Johnson. See account of sales, p. [75].
56 PUBLICRECORDS
Church of Hartford, for impownding the hoggs of Henry
Wolcott his father, and will subiect to the issue thereof as yt
shall be adiudged the next Court holden at Hartford.
Thos : Welles.
[49] Henry Wolcotte pi* agaynst Church defend*, in
in an action of the case, wherein the said Henry complaynes
agt the said Church for takeing into his custody & de-
teyneing thirty swyne of Henry Wolcotts the elder, father to
the said Henry, to the damage of
Willia Whiting Gent"^. pi*, ag*. Jasp^ Rowlins deffend*. in
an action of debt 20s. debt.
Leonard Chester pl^^. ag* John Edwards, Nathaniell Foote,
defend* in an action of trespas, for brech of order, to the
damage of 4 1.
Saqueston testifies in Court that he neu' sould any grownd
to the Dutch, nether was at any tyme conquered by the Pe-
quoyts, nor paid any trybuit to the. And when he sometymes
liued at Mattanag and hard by his fryends that Jiued here, that
he and his men came & fought w^ii the.
Whereas there was an Order of Court made foF the vewing
of the hie waie leading fro Hartford to Wyndsor, amongst
others, there was appoynted James Boosy and John Plum, who
haue, according to direction of Court, vewed the same ; and
that pi'te w^h was shewed vs by Tho : Scott, w<=h lyeth be-
tweene Hartford Towne and the lyne w^h deuid betweene yt
and Wyndsor, we find to be mended sufficiently, so as men may
both ryde and goe one foote, and make drifte of Cattle, com-
fortablie : but that parte in Wyndsor bound was nothing done
when wee vewed yt, w^^^ was about the seauententh of July,
1640.
The Coppy. Jo : Plum, Ja : Boosy.
[50] September the 4*^, 1640.
Henry Packs (?) his Wyll.
It is my Will to bestow vppon the Church the Clocke that
Brother Thorneton had bought, to Mr. Wichfyeld my best
Coate and whoight (?) Cappe, to Mr. my best
dublets.
OFCONNECTICUT. 57
Ed : Masons Inuentory.
A true Inuentory of the goods and Chattells of Edward Mason
of Wethersfyeld, late deceased, viz*.
Impr^ The Cloathes of the said Edward,
Ite, in Halle, brasse, Pewter etc.
Ite, in the parlour, a fetherbed, w^^ chests,
lynens and other things,
Ite, in the Celler,
Ite, Enghshe Corne, w^^h Indean Old and New,
Ite, in the Chamber, a fetherbedde w^h others,
Ite, twenty sixe borrowe hoggs, stores & sowes,
Ite, 3 Ewes, one Ewe kydd, 2 weathers,
Ite, Tooles & all other Implyments belonging to
the trade of the said Edward.
Valued p^ Soin totalis 121. L 00
Willia Swayne,
George Hubberd,
Test Leo : Chester.
£
s
d
4
0
0
7
16
0
13
0
0
2
0
0
41
0
0
9
10
0
31
0
0
8
0
0
h
15
0
[51] Oath for the Jury.
r
You shall swere that you %. B. shall duly try the cause or
causes now giuen you in chardge, betweene the pi* & def or
pits ^ defendts, according to yo"" euidence giuen in Courte,
and accordingly a true verdict giue ; yo"" owne counsell & yo'^
fellowes you shall duly keepe ; you shall speake nothing to any
one, of the busines & matters in hand, but amongst yofselues^
nor shall you suffer any to speake vnto you about the same,
but in Court : when you are agreed of any verdicte you shall
keep yt secret till you deliuer yt vp in Court : so helpe you God.
September the X^^i, 1640.
It is Ordered, that Ed : Hopkins Esq^. now Gouernour, shall
haue the benefitte and liberty of free trade at Waranocoe & att
any place thereabout, vppe the Riuer, and all other to be re-
streyned for the terme of seauen yeres, and the land to be pur-
chased for the Comonwelth,
58 PUBLICRECORDS
[56] The Generall Court, February the viijtb, 1640.
Edward Hopkins Esq^ Gour^.
John Heynes Esq^ Dep^y.
Mr. Wyllis, Mr. Welles, Mr. Phelps, Mr. Webster.
Deputy es : — Mr. Steele, Mr. Talcott, John Pratt, Ed:
Stebbing, Samuell Smith, George Hubbert, James Boosy,
Richard Crabb, Captain Mason, Mr. Hill, Mr. Hull,
Wiir Gaylord.
Forasmuch as Sequin hath so long delayed in making satis-
faction for the mare that was killed by his Indeans, the Court
thinks meet that a p^mptory answer be required of him, and in
case full satisfaction be not therevppon giuen, that pi^sent in-
telligence shall be giuen to Quinipiouck & o"^ neighbour Plant-
ations, that we shall accoumpte of him as o^" enimy, in regard
of that affornt & many other insolent caridges of his, and
shall speedily right Cselues of him. The Gouernour & Mr-
Deputy are desired by the Court to agitate & issue the whole
busines.
Forasmuch as the Court, takeing into consideration the
p^sent condition of these Plantations, doe find a great expence
yerely to be laid out to fetch in supply fro other pi"ts in such
comodityes as are of necessary vse, and not knowing how this
Comonwelth can be long supported vnlesse some staple Comod-
ity be raysed amongst o^selues W^^ may in some sort answer
and defray the chardge, — haue therefore thought requisite that
all incouridgement be giuen for the full imployment of men &
cattle for the improuement of such ground as the Country af-
fords for English grayne where yt may be raysed yv^^ lest
chardge ; for the speedy furthering thereof liberty is graunted
to all such persons w^hin these Plantations as stand disposed to
imploy theselues or their estats in husbandry as aforesaid, to find
out any sutable grownd w^hin these libertyes yet vnpossest,
where the said Englishe grayne may be soonest raysed, and
haue graunted to ech Teeme a hundred acres of plowing grownd
and twenty acres of meadow, p'vided they improue twenty
acres the first yere, w^h is to be accoumpted fro the date of
these pt'sents, & eighty acres the second yeare, and the whole
hundred the third yeare. And for the orderly p>"ceeding therein,
OFCONNECTICUT. 59
the Court hath desiered the Wor^^ Edward Hopkins Esq"". Gou"",
Mr. Deputy & Mr. WiUis to appoynt and sett forth the forme
and order how ech mans pi^portion shall be laid out, togather
wth a competent quantity of vpland to the same, and to alowe
to the owner of ech Teeme a competent lott for a workman w^h
may be helpfuU to manadge the busines and carry on the worke ;
as also to admit inhabitants (if any place so found out shall be
iudged meete for a plantatio) and to sett out their bownds ; and
those pi'sons who first giue in their names to the Comittee, to
vndertake the worke and attend to haue their diuisions sett
forth, shall be first searued in order as they com, next after the
Coinittee haue made choyce for theselues : But if any p^son so
vndertakeing the manadgeing of a hundred acres, or a lesse
pi^portion, vppon the terms before mentioned, shall neglect to
p'forme the conditions before specified, or be vnable to accom-
plish the same, the Court hath researued power to dispossesse
him or the of the grovvnd, giueing such resonable satisfaction
for the chardge bestowed thereuppon as the said Court shall
judge meete. And if any p^son or p^sons tendreing theselues
to vndertake the manadgeing of 100 acres as aforesaid shall be
iudged by the Comittee vnable or vnmeet for the worke, not
likely to pfforme the conditions in so great a quantity, they may
ether refuse to admitt such or alowe a lesser p^portion to
them.
It is also Ordered, that what stocke shall be remoued to any
such place, shall be levied to the Towne fro whence yt came,
as if yt were resident there ; And the chardge disbursed for
makeing wayes or any comon benefitt to such place, shall be
paid by the land w^^in the said liberty, as yt shall be taken vppe
[57] and possest. || But when such Place shall becom a Plan-
tation & be at chardge to mayntayne Officers w^'un theselues,
then other considerations may be had by the Courte.
Whereas yt is thought necessary for the comfortable support
of these plantations, that a trade of Cotten wool! be sett vppon
and attempted, for the furthering whereof yt hath pleased the
Gouernof, that now is, to vndertake the furnisheins; and settino;
forth a vessell, w^h convenient speed, to those parts where the
said comodity is to be had yf yt proue phesable : In considera-
tion whereof, as also fro the considerations in the former order
60 PUBLICRECORDS
specified, It is ordered by the Authority aforesaid, that vppon
the Returne of the said vessel!, the Plantations by p'portion
shall take ofFe the said Gotten, at such valuable consideration
as yt may be afforded, according as chardge shall aryse and
acreue thereuppon ; the pay for the said Gotten wooll to be
made in Englishe Gorne or Pype-staues as the Gountry shall
afford : The p^portions to be diuiyded and laid vppon the seu-
erall Townes are according to the diuision of the last Gountry
Rate.
And for the better pi'searuing of Tymber, that the Country
may haue p''visions of Pypestaues for the furthering the said
trade of Gotten wooll, It is Ordered that no Tymber shall be
felled fro w^^^out the bownds of these Plantations, wt^out lycence
fro the pJ'ticuler Gourte, nor any Pipestaues to be sould out of
the Riuer w^i^out alowance fro the said Gourte, nor transported
into foraigne p^'ts vntill they be vewed (by such Gofaittee as the
said Gourt shall appoynt) and appi'ued by such to be vendable,
boath for the goodnes of the Tymber, and due p''portion & size
thereof
The p^ticuler Gourt also is desiered to take order for the
veweing of Pequot Gountry and disposeing of the Tymber
there, as also to settle Inhabitants in those p'ts yf they see
cause, so far as yt may be acted w^^out chardge to the Gountry.
For the p^uenting of differenses that may arise betwixt the
Plantations fro trespasses by Gattle wch are ofte necessitated,
by reson of their bordering on ag^ another. It is Ordered, that
Nathaniell Waird, Andrewe Warner, Mr. Plum, Robert Rose,
Mr. Porter & Tho : Ford, shall take into their serious consid-
erations how the grownd belonging to the seuerall Plantations
may be best impi'ued, so as to sute ech others conuenience,
whereby their Gorne may be p^serued and their Gattle keepte
w^ii lest chardge of fencing or herding, as may most conduce to
the coinon good, and deliuer in their appi'hentions to the next
Generall Gourt.
Whereas yt is obsearued that many skins and felts of Gowes
& goats, through want of p^uident p'"searueing and seasonable
bringing forth to dressing, suffer great losse. It is Ordered, that
whatsoeu'" skins are or shall be in any mans hands w^iun these
libertyes shall be carefully pi^searued and seasonably brought in
OFCONNECTICUT. 61
to such as improue the, vnder such penalty as the Court shall
inflict vppon the neglect thereof, and that care be taken in
fleeing the skins, the neglect whereof occasioneth great losse.
[58] Whereas yt is obserued as experience hath made appeare,
that much grownd w^'Mn these libertyes may be well improued
in hempe & flaxe, and that we myght in tyme haue supply of
lynnen cloath amongst oi'selues, and for the more speedy pi'cur-
ing of hempseed, It is Ordered, that euery p»"ticuler family w^^iin
these Plantations, shall p^cure & plant this p'sent yeare at lest
on spoonefuU of Englishe hempseed, in some frutfull soyle, at
lest a foote distant betwixt eu"" seed, and the same so planted
shall pi'searue and keepe in husbanly manner for supply of seed
for another yeare.
It is also Ordered, that the second yeare, euery family that
keeps a Teeme, though not aboue two or three drafte Cattle,
shall sowe the second yeare at lest on rood of hempe or flaxe,
and eu"" pi'son that keeps any Cattle, namely, cowes, heifgrs or
steers, shall sowe 20 pi'ches, & eu'' family, though he keepe no
Cattle, shall sowe tenn pi'ches, and ech p^ticuler of the foresaid
families shall in husbandly sorte p^searue & tend their seuerall
prportions, or in default thereof are to vndergoe the censure of
the Courte.
It is further Ordered, that eu"" pUiculer family wt^in these
plantations shall also p^vide this pi'sent yeere, at lest halfe a
pownd of hemp or flaxe.
It is Ordered, that Country Rates yet behind vnpayd, shall be
accepted by Mr. Tresurer in marchandable Indean Corne at
three shillings the bushi;
It is also Ordered, that whatsoeu"" debts shall be made wt^iin
the libertyes of these Plantations, after the pubhshing of this
Order, ether by labour of men or cattle or contract for comod-
ityes, yt shall be lawfull for the buyer or hierer to pay it in mar-
chantable Indean corne at three shillings fower pence the
bush^:
It is Ordered, that the late Order conserneing Wampu at sixe
a penny shalbe dissolued, and the former of fower a penny and
two pence to be paid in the shilling shall be established.
The Order for the regulating of worke and wages is dis-
solued.
7
62 PUBLICRECORDS
It is ordered that Mr. Heynes, Mr. Wells and Captain Mason
shall goe downe to Paquanucke, to settle the bownds betwixt
them and the Plantations on boath sids them, according as they
judge equall, as also to heare and determin the difference be-
twixt the inhabitants of Cuphege amongst theselues. They
also, w^ii Mr. Ludlow, are to require the Tribuit of the Indeans'
about those p'ts, that is behind vnpaid, due by articles formerly
agreed vppon, as also to inquire out the p'ticuler Indeans that
are vnder ingadgement, w^^ the lymitts of the grownd formerly
belonging to them, and vppon refusall to pi'ceed w^^ the as they
shall see cause.
Mr. Willia Whiting of Hartford & Frances Styles of Wind-
sor are admitted freemen.
Mr. Whiting & Mr. Allen of Hartford and Mr. Hill of Wind-
sor are nominated to stand in election for magistrats the next
Courte.
Vppon the heareing of Mr. Robert Saltingstons petition, the
Court hath graunted that the Gouernour, Mr. Deputy, Mr.
Willis & Mr. Welles shall heare and determin the p^ticulers
therein mentioned, p'vided the Towne of Windsor consent
thereunto, vnto w^h reference the s^ Mr. Saltingston hath
agreed.
Arther Smiths sallery is to cesse after three months fro this
prsent tyme.
It is Ordered, that the deputyes wh^^ searue at any Generall
Court shall be freed fro watch, ward & trayneing, vntill the
next Court following that wherein they searued.
Mr. Webster and Mr. Phelps are desiered to consult w^h the
Elders of boath Plantations to p^pare instructions agt the next
Court for the punisheing of the sin of lying w^h begins to be
practised by many p^sons in this Comonwelth.
[73] The Oath of a Freeman,
I, ^. B. being by the P'uidence of God an Inhabitant w^Mn
the Jurisdiction of Conectecott, doe acknowledge myselfe to be
subiecte to the Gouerment thereof, and doe sweare by the great
and fearefuU name of the euerliueing God, to be true and fayth-
OFCONNECTICUT. 63
full vnto the same, and doe submitt boath my p^son and estate
thereunto, according to all the holsome lawes and orders that
there are, or hereafter shall be there made, and established by
lawfuU authority, and that I will nether plott nor practice any
euell agt the same, nor consent to any that shall so doe, but
will tymely discouer the same to lawfull authority there estab-
lished ; and that I will, as I am in duty bownd, mayntayne the
honner of the same and of the lawfull magestratts thereof,
p'moting the publike good of yt, whilst I shall soe continue an
Inhabitant there ; and whensoeu"" I shall giue my voate or suf-
frage touching any matter w^h conserns this Coinon welth be-
ing cauled thereunto, will give yt as in my conscience I shall
judge, may conduce to the best good of the same, wt^^out res-
pect of p^'sons or favor of any man. Soe helpe me God in C
Lord Jesus Christe.
Aprill the xth, 1640.
Aprill the 10*^, 1640.
Its the aprehensions of the Courte that by the meadow vnde-
uided wth apportion of vpland, mentioned in the agreement be-
twixt the 34 men & the Towne & Church in Wethersfield, is
vnderstood all the meadowing w^^in the bownds of Wethers-
field on this side the Riuer yet vndeuided, w^h apportion of
vpland on this side & the other side the Riuer ; And that the
said 34 men haue an equall right or p^portion vnto the resdue
of the vpland vndevided, w^^ the Church and the resdue
of the Towne, ether in comon w^h the or in any other kynd,
according as yt shall be Ordered by the three men chosen on
ech side, or in case they differ, by the the said sixe men and a
seventh man taken into the, according to the agreement before
the Assembly, p^uided this hinders not the nyne men fro acting
according to the agreement by the Counsell in deuisions that are
in hand.
There is 15 acres for Mr. Deynton and a frynd of his, to be
sett out by the foresaid sixe men, wth two howse lotts and
pi'portion of vpland thereunto belonging.
64 PUBLICRECORDS
[74] The Gener^i Court, Aprill the ix^^, 1641.
John Heynes Esq'. Goueri".
George Willis Esq"". Deputy.
Magistr' : — Ed: Hopkins Esq)", Rodger Ludlow Esq^
absent; Mr. Will: Hopkins, absent; Mr. Phelps, Mr. Web-
ster, Mr. Whiting, Tresurer, Mr. Welles, Secretary.
Deputy es: — Mr. Steele, Mr. Taylcoate, Ed: Stebbing,
Capten Mason, Mr. Hull, Mr. Gaylor, George Hubberd,
Samuell Smith, Richard Crab, James Boosy; John Pratt,
absent ; Tho : Ford, absent.
For the better pi'searuing of Corne and meadow on the east
side of the Create River, yt is Ordered, that there shall no hoggs
or swyne of any sorte be put ouer thither or keepte there at any
tyme after the publishing this Order, wt^in the tearme of on
yeare, and all those that are now at this pi"sent on that side, are
to be remoued thence w^'^in on weeke after the publisheing
hereof, vnder the penalty of fine shillings vppon euery hogge for
euery weeke that any such remayne there.
Notwthstanding the late Order conserneing the restraynt of
excesse in apparrell, yet diuers pi^sons of seuerall ranks are ob-
searued still to exceede therein : It is therefore Ordered that the
Constables of euery Towne wt^^in these libertyes, shall obsearue
and take notice of any p^ticuler p'son or p^sons w^hin their
seuerall lymitts, and all such as they judge to exceede their
condition and ranks therein, they shall p^sent and warne to ap-
peare at the p^'ticuler Courte ; as also the said Constables are to
p''sent to the said Courte all such p'"sons who sell their comodi-
tyes at excessive rats ; And the said Courte hath power to cen-
sure any disorder in the p^ticulers before mentioned.
Whereas yt was Ordered that euery family should plant a
spoonefull of hempe seed, at a foote distant euery seed : vppon
complaint that the said hempseed cannot be p^cured, It's Or-
dered, that such p^sons who haue aboue the quantyty of a
spoonefull, and deny to sell to others that are vnprouided, they
shall plant so many spoonefulls themselues, according to the
said Order, as they deny to sell to others that want and desire
to buy yt of the at a resonable rate.
Yppon Mr. Wyntrops motion to the Courte for Fyshers
Hand, It is the mynd of the Courte, that so farre as yt hinders
s
I
1
^
1 i ^-^il
XJ^^
OF CONNECTICUT. 65
not the publike good of the Country, ether for fortifieing for
defence, or setting vppe a trade of fisheing or salt &, such like,
he shall haue liberty to p^ceed therein.
Its Ordered, that the Plantations shall alow tenn pownd to
the Gouernour and others that vndertake w^** him to send sixe
men to abyde in Mohegin country for to plant corne, neere
Vncoas, for the incouridgement of his men to stay w*^ him,
the wch sixe men are to remayne in the said Parts to the end
of their haruest.
Rich : Gyldersly his fyne of 40s. is to be forborne vntill the
Generall Court in September.
[76] A Generall Courte the vii^h of June, 1641.
Forasmuch as the Court haueing lately declared their app""-
hensions to the Country conserneing the excesse in wages
amongst all sorts of Artifficers and workemen, hopeing thereby
men would haue bine a law vnto theselues, but finding litle
reformation therein. The said Court hath therefore Ordered,
that sufficient able Carpenters, Plow writs, Wheelewrits, Ma-
sons, Joyners, Smithes and Coopers, shall not take aboue 206?.
for a dayes worke fro the x^h of March to the xit^ of October,
nor aboue 18^. a day for the other p^te of the yeare, and to
worke xi howers in the day the sumer tyme, besids that w^^^ is
spent in eateing or sleeping, and ix howers in the wynter : also,
mowers, for the tyme of mowing shall not take aboue xxd. for
a dayes worke.
It is Ordered, also, that all other Artificers, or handicrofts
men and cheife laborers shall not take aboue xviijfZ. a day for
the first halfe yeare as aforesaid, and not aboue 14d. p'' day for
the other p^te of the yeare ; and w^soeuer worke is lett or taken
by the great or p^sell, by any workemen, laborers or artificers
wtsoeur, shall be valued by the p^portion aforesaid.
. Also, Sawyers shall not take aboue 4s. 2c?. for slitt worke or
three inch planke, nor aboue 3s. Gd. for boards, by the hundred.
Also, boards shall not be sold for aboue 5s. vie?, the hundred.
It is also Ordered, that fower of the better sorte of Oxen or
Horsses, w^^ the tacklin, shall not be valued at aboue 4s. xd.
66 PUBLICRECORDS
the day, fro the xi^h of March to the xi^h of October, and to
worke fro the xi^^^ of March to the xi^^ of May vj howers, and
fro the xi^^h of May to the xi^^ of October viiij howers, except
they be imployed in breakeing vp of vpland grownd, for wch
worke they are alowed 4s. xc?. though they worke but vj howers :
also the said cattle shall not be alowed aboue 4s. pr day fro the
xi^i^ of October to the xi^^ of March, and to worke sixe howers,
and so for a greter or lesser nuber of Cattle according to the
said prportion.
And yts Ordered, that if any p^son ether directly or indi-
rectly, shall giue or take any greter wages for the worke ether
of men or cattle then the pryses before mentioned, shall abyde
the censure of the Court.
[78] September the 2^, 1641.
John Haynes Esq^. Gouer"".
George Willis Esq^ Deputy,
Ed: Hopkins Esq^, Tho: Welles, Mr. Phelps, Mr. Webster.
The Jury. — Mr. Plum, Jur. Tho: Stolton, Henry Clarke,
John Byssell, Henry Wollcott, Robert Parks, Robert
Rose, Robert Abbott, John Talcott, Will: Lewis, John
Clarke, Andrew Bacon ; Jur.
Mathew Allen pl^ ag* John Coggen deft, in an action of
slaunder, to the damage of a thousand po wnds The Jury find
for the pi* damages 20/. Costs vijs. Mr. Hill hath vndertake
to satisfie the 20/. for Mr. Allen, when the Court shall require
yt.
Tho: Munson pi* ag* John Hall defend*, in an ac" of defa-
mation. The Jury find for the pi* damages 20s. Costs, vijs.
Frances Styles pi* ag* Ed: Hopkins Esq^ defend*, in an ac-
tion of the Case. The Jury find for the pi* damages xv/. xs.
Costs, vijs.
Samuell Gardner for his affront of the watch is fyned xs, and
is to acknowledge his fault the next trayneing day.
Robert Saltingston gent, plan* ag* Edward Hopkins Esq^
defend*, as an assigne to Mr. John Woodcoke, in an action of
the case, to the damage of 200/.
OPCONNECTICUT. 67
For the 4th action of Math: Allen PI* ag* John Coggen
defd, the Jury find for the p^ damages xxl. Costs, vijs.
Mr. Hill of Wyndsor vndertaks to satisfie Mr. Allen the 201.
for Mr. Coggen when the Courte shall appoynt yt.
For the 5^^ ac^ of John Coggen pit agt Math : Allen def*^,
the Jury find for the defen^. Costs vijs. Mr. Coggen denyed
to appeare to his action w" the Jury was cauled to giue in
their verdicte, aleadging he hath not his full testimony.
[79] Mr. Robert Saltingston hath an attachment graunted agt
Mr. Edward Hopkins, whereby he hath attached halfe the Myll
standing by the New Bridge.
[80] A Generall Court held the ix^^ of Sep: 1641.
John Haynes Esq'. Gou^".
George Willis Esq'. Deputy.
Ed: Hopkins Esq', Mr. Welles, Mr. Phelps, Mr. Webster.
Deputyes :— Mr. Steele, Mr. Talcott, Ed : Stebbing, John
Pratt, Capten Mason, Mr. Hill, Mr. Hull, Mr. Clarke,
Mr. Swayne, Nath : Foote, Robert Rose, Samuell Smith,
John Burr, John Sticklin.
The Order for the restreyneing of the felling of Tymber is
repeled, pi'uided that no Tymber be falen w^hin three myles of
the mouth of Matabezeke river, nor at unseasonable tymes, viz*.
fro the beginning of Aprill to the end of Septeber, and that it
be improued into pipestaues or some other marchantable
comodity wt^in on month after the felling thereof, or carted
togather ; and that the Tymber so improued shall not be trans-
ported fro the Riuer but for dischardge of debts or fetching in
some necessary p^visions.
It is Ordered, that the size of Pipestaues shall be 4 foote 4
inches in length, halfe an inch at lest in thicknes, besids the
sappe : they are to be 4 inches in bredth, if vnder to goe for
halfe staues, and non are to goe if vnder 3 in bredth. And
there shall be appoynted in every Towne wt^in these libertyes,
one experienced man to vew & obsearue all such staues as
aforesaid, and ech p^cell by him approued of shall be sealed,
who shall be sworne to that searuice. And all such p^sells so
68 PUBLICRECORDS
approued & sealed, shall passe to the Marchant at 5Z. the thou-
sand, to be deliuered at the Riuers mouth, at Wh place the
Country hath vndertook to p^vid for Mr. Hopkins, by the be-
gining of June next, 70000, vizt.Wethersfield 30000, Wyndsor,
20000, Hartford 20000, if Mr. Hopkins can p^uid shipping and
aford to giue that price.
Mr. Hopkins is desiered by the Courte, if he see an op'^tunity,
to arbitrate or issue the difference betwixt the Dutch and vs,
as occation and op^tunity shall be offered when he is in Ingland.*
Mr. Fowler, Mr. Astwood & Mr. Tappe of Mylford are de-
sired by the Courte as neighbours (if they please to take such
paynes,) to settle the bownds betwixt Paquanucke and Vnco-
way, as they shall iudge meete, or vppon their suruey thereof to
report their app'"hensions to the seuerall Townes, vppon w'^^ if
they shall not accord and consent thereunto, the Court will there-
uppon issue the same.
Mr. GouernJ" and Mr. Whiting are desiered to take the late
Tresurer's accoumpte.
Mr. Willis and Mr. Hopkins are desiered, if they haue an
oprtunity, to further the league of Vnity yv^^ the Bay.
The Gouernour, Mr. Phelps and Capten Mason are desiered
to treat w^h Mr. Phenicke, conserneing liberty for making salt
in Long Hand and takeing fishe, who haue power also to con-
tract w^^ who they can pfcure for effecting the same.
For the p'^uenting and avoyding that fowle and grosse sin of
lying, yt is Ordered, that when any p^son or p^'sons shall be ac-
cused and proued guilty of that vice, yt shall be lawfull for the
p^ticular Courte to adiudge and censure any such p^ty, ether
by fyne or bodily correction according as they shall judge the
nature of the fault to require ; this to hold to the next Court.
[81] It is Ordered, that whosoeur trads for any Indean planted
Corne, after the publisheing this Order, shall pay to the Coun-
try 4d. for euery bush: p^uided they buy it not for to supply
their owne necessity.
The Secretary is appoynted to giue to Mr. Hopkins, vnder
his hand, the nuber of the bush: of Corne p^'sented to the Courte
by the Plantacons.
* See a letter from Sir Wm. Boswell, English ambassador at the Hague, in relation to the
encroachments of the Dutch — in Appendix, No. 1.
OFCONNECTICUT. 69
[82] A Generall Court held the ix^^ of NouesER, 1641.
John Heynes Esq"". Gouern''.
George Willis Esq^.
Mr. Welles, Mr. Phelps, Mr. Webster, Mr. Whiting.
[Deputies :] — Mr. Steele, Mr. Talcoat, Ed: Stebing, John
Prat, Mr. Plum, Mr. Swayne, Samuell Smith, Nath:
Foote, Capten Mason, Mr. Hill, Mr. Hull, Will' Gay-
lard.
Whereas by reson of the great scarcity of mony, execution
being taken of seuerall p^sons goods, that haue bine sowld at
very cheap rats to the extreame damage of the debtor. It is
therefore Ordered, that whatsoeuer execution shall be graunted
vppon any debts made after the publisheing this Order, the
Creditor shall make choyse of one p''ty, the debtor of a second,
and the Court of a third, who shall pryse the goods so taken
vppon execution as aforesaid and deliuer the to the Creditor.
The former Order conserneing the payment of debts to be
made by Indean Come is repealed.
It is Ordered that Mr. Welles, Mr. Steele, Mr. Plum and
James Boosy shall runne the lyne west into the Country be-
twixt Hartford and Wethersfield, to begin at the great Riuer
against the marked tree.
The Country Rate of * graunted the last
Court may be paid in Old Indean Corne at 3s. the bushi new
at 2s. vie?, Inglishe wheat at 4s.
Its Ordered, that 160 bushi of Corne shall be sent in by the
Country to the Gouernour, to be levied vppon the Townes by
the p'"portion of the last rate.
The Cort is adioyrned to the first Wensday in January, to
meet at the Gouernours howse after the Lecture.
[84] Dec. the ix^h, 1641. The PfTicuLER Court.
John Heynes Esq"". Gou"".
George Willis Esq^ Depty.
Mr. Whiting, Mr. Webster, Mr. Welles.
The Jury. — Andrew Bacon, Jur: Tymothy Standly,
This blank occurs in the original.
70 PUBLICEECORDS
Tho : Scott, Tho : Osmore, James Boosy, George Hub-
berd, Tho : Coleman, Henry Woolcott, John Porter,
Tho: Ford, Joshua Carter, Willia Rescue; Jur.
Frances Styles pi* ag* Robert Saltingston, gent., defend, in
an action of the Case to the damage of 70/. The Jury find for
the pl^ damages 5lZ. Costs vijs.
Robert Saltingston, gent., pi* ag* Frances Styles defen', in
an action of the Case to the damage of 800/. The Jury find
for the defent. Costs xs.
Frances Styles pi* ag* Robert Saltingston, gent., defen*, in
an Action of debte to the damage of 100/. The Jury find for
the pit, eighty one pownd twelue shillings damages according
to the award, and the double costs of the Court.
Robert Saltingston gent, pi* agt Frances Stiles defen*, in a
second action of the Case to the damage of 500/.
Robert Saltingston gent, pi* ag* Frances Stiles defen*, in a
third action of the Case, to the damage of 50/.
The Jury is to be warned for Thursday com fortnight.
[86] January the 5th, 1641.
John Heynes Esq'. Gou'.
George Willis, Esq"^. Dep.
Mr. Welles, Mr. Phelps, Mr. Webster, Mr. Whiting.
IDeputyes:'] — Mr. Steele, Mr. Tailcoate, Ed: Stebbing,
Jo: Pratt, Mr. Plume, Mr. Swayne, Sam : Smith, Nath:
Foote, Capten Mason, Mr. Hill, Mr. Hull, Will' Gay-
lard.
Mr. Huits Petition for the Hand at the Falls, is graunted.
Its Ordered, that Capten Mason shall haue 500 acres of
grownd, for him and his heires, about Pequoyt Country, and the
dispose of 500 more to such souldears as joyned w^^ him in the
searuice when they conquered the Indeans there.
The Court adiorned to the 19*^ of this month. ... To
the 26th. ... To the first Wensday in March.
The Courte desiereth Mr. Whiting, Capten Mason, Mr. Pluin
and Henry Clarke to take course for the pi'cureing some peeces
of Ordnance from Piscataq' or elsewhere ; the frayght is to be
OF CONNECTICUT, 71
at the chardge of the Country. And also to take order for erect-
ing some fortifications where they thinke meete for searuice,
and to doe therein as they shall see cause.
Yf The Towne of Windsor p^uid a Ferry Boate to attend the
River, they are to be alowed 3d. for a single Passenger and two
pence a person w^ they carry more then one att a frayght, and
twelue pence for a horse.
[88] The Generall Courte for Election of Magistrats,
THE second Thursday in Aprill, 1642.
George Willis Esq"", Gou"".
Roger Ludlow Esq^, Dep.
Magestrats : John Haynes Esq', Mr. Phelps, Mr. Web-
ster, Capten Mason, Mr. Welles, Mr. Whiting : these
p'^sent. Ed : Hopkins Esq"", Will' Hopkins : absent.
Deputyes : Mr. Steele, Mr, Taylcoate, Mr. Westwood,
Andrew Bacon, Mr. Hill, Mr, Hull, Will' Gaylard,
Henry Clarke, Mr. Plum, Mr. Swayne, George Hubberd,
James Boosy, Phillip Groues,
Its the appi'hension of the Generall Courte that the p^'ticuler
Courte should not be inioyned to be keepte aboue once in a
quarter of a yeare.
It is ordered, that the p^'ticuler Courte shall haue liberty to
dispose of ten thousand acres of grownd in Pequoy t Country, as
yt lyeth togather, \v^^ lest pnudice to others that may hereafter
succeed the, for the further planting the Country.
Its Ordered, that the Goui'nor and Mr. Heynes shall haue lib-
erty to dispose of the ground vppon that pi'te of Tunxis River
cauled Mossocowe, to such inhabitants of Wyndsor as they
shall see cause.
It is Ordered, that there shall be an Artillary Yard, where
the Company shall haue liberty to exercise their Arms once a
month, and chuse their Officers according to the course of Ar-
tillary men, and there shall be 300 acres of grownd alowed
thereunto for their incouridgement therein, in some conuenient
place, where yt may be found for the benefitt and vse of the
Company successively.
72 PUBLICRECORDS"
It is Ordered, that there shall be a restraynt for any pi'son
wt^in this Jurisdiction fro trading w^^ Indeans in Long Island,
vntill the Courte in September com twelue month, only Tho :
Steynton and Richard Lord haue liberty to goe one vyadgej
for the putting offe the smale comodityes they haue pi'uided for
that end, and to gather in their old debts.
Tho : Ford is to enioy the 200 acres of grownd formerly
graunted to him, and his neglect of improueing yt, w^^in the
tyme formerly lymited, is remitted.
The Courte adioyrned to the last Wensday in this month.
The Courte adiorned to the xi^^ of May.
May the xith, 1642.
Its Ordered, that the magestrats, or the gretest pi'te of them,
shall haue liberty to agitate the busines betwixt vs and the
Dutch, and if they thinke meete to treate w^^ the Gouernor
conserneing the same.
It is graunted, that Wyndsor lyne shall run vppon Mr. Salt-
ingstall his land, neere the falls, according to their other lotts,
pruided yt pi'ue not aboue a poynt and halfe towrd the north,
and wt preiudice Mr. Saltingstall shall susteyne thereby, the
Country shall make good.
And whereas the foresaid grownd formerly graunted to Mr.
Saltingstall, was to haue bine impaled w^hin three yeares after
the graunt, he is now released of that ingadgement, and the
land confirmed to him. He, the s^ Mr. Saltingstall doth pJ^mise
to lend the Country two peeces of Ordnance, Sakers or Min-
ions, and if he require the before the Country can spare the,
he is to pay for the frayght.
[89] It is ordered, that no man wt^in these libertyes shall re-
fuse marchantable Indean Corne at the rate of 25. vid. the bush*,
for any contracte made for the labour of men or cattell or coiii-
odityes sold after the publisheing this Order.
The Courte is adioyrned to the last Wensday of July, excepte
the Gou'' see cause to call it before.
May the 2d. The Court hath appoynted that Mr. Hill shall sat-
isfie Mr. Coggens debte of 20/. to Mr. Allen, w^'in a month
after the date hereof, according to his p'mise, vppon the verdicte
of the Jury vppon the sute of the action of slaunder.
OFCONNECTICUT.'' 73
July 25ti», 1642. The Court is adioyrned for a fortnight.
August the 9*^. The Courts dissolued.
A Generall Courte, August the 26th, 1642.
Roger Ludlow Esq'', Deputy.
Jo: Heynes Esqs Mr. Welles, Mr. Phelps, Capten Mason.
[Deputyes :] Mr. Steele, Mr. Talcote, Mr. Westwood,
Andrew Bacon, Mr. Hill, Mr. Hull, Mr. Clark, Will'.
Gaylord, Mr. Swayne, Mr. Parke, George Hubbert,
Robert Rose.
It is Ordered, that there shall be a letter writt fro the Courte
to the Bay to further the p'secution of the Indeans, to pi'uent
their mischeuos plotte in their late Combination.*
It is Ordered, that the Clarke of the band in euery Towne
wthin these libertyes, shall haue an Oath giuen him by the
Gou''nour or some Magistrate, to vewe the arms in their seu^all
Plantations, and make returne of such as are defectiue or want
the quantity of powder or bullitts according to Order of Courte,
and also of such as are absent at tymes of Trayneing.
It is Ordered, that the Inhabitants w'^in these libertyes shall
not suffer any Indean or Indeans to com into their bowses,
only the Magistrals may admitte of a Sachem, if he com not
w'h aboue two men.
It is Ordered, that there shall be a gard of 40 men to com
compleate in their Arms to the meeting euery Sabbath and lec-
ture day, in euery Towne wt^in these libertyes vppon the
Riuer.
*" The letters and other intelligence" from Connecticut, relating to the alleged designs of
Miantonimo " to draw the Indians into a confederation" against the English, were laid before the
General Court of Massachusetts, at its session in September. Information of the plot had been
communicated to Mr. Ludlow, then residing at Uncowa, (now Fairfield.) by one of the neigh-
boring Sachems, about the 20th of August. See, in Mass. Hist. Coll. 3d Ser., iii. 161, " A true re-
lation of a conspiracy of Maantanenio, the greats Sachem of the Naragancetts, Soheage or Se-
quin, the Sachem of Matabeseck, and Sasawin or Sequassen, the Sachem of Sicaogg, for destruc-
tion of the English and generally throughout New England, as it hath beene discovered by a
Sachem living neere Mr. Ludlowe, as also of another Indian of Long Island to Mr, Eaton of
New Haven, and of another Indian in the River of Conectecott,"
8
74 PUBLICREOORDS*
ISEPTEm 5th, 1842. The Courte manifest their willingnes,
according to theire abillityes, to further the imployment of the
Shipcarpenter & Roper motioned by Mr. Whiting.
The Court agree to take an Oath to keepe secret what they
shall determine and conclud to conceale, as foUoweth : —
There shall be a Comitte chosen to make pi'paration ag^
[ *] and the murtherers, (this to be kept secret,) and
to defeat the Plott of the Indeans meeting about Tunxis.
[90] The Gou^ Mr. Ileynes, the Capten and the rest of the
Magestrats, are chosen for a Coinitte to agitate the businesses
before mentioned.
SEPTEm THE S^^'s 1642.
George Willis Esq>", Go'".
Jo: Heynes Esq', Mr. Welles, Mr. Phelps, Capten Mason.
[Depulyes ;] Mr. Parke, Mr. Swayne, Mr. Clarke, Wm.
Gaylord, Andrew Bacon, Mr. Talcot, Mr. Westwood.
Forasmuch as the Indeans growe insolent and combyne the-
selues togather, being suspected to p'pare for warr, It is Ordered,
that no Smith w^'un these libertyes shall doe any worke for the,
nor any p'son wt''in these libertyes shall trade any Instrument
or matter made of iron or Steele w*^'' the, nor deliuer any that
are allreddy made, wt^out lycense fro two Magistrats, nor buy
any of their venison vntill further liberty be graunted.
It is Ordered, that eu'"y Towne w^i'in these libertyes, p^uide
w^^'in fowerteene dayes, twenty halfe Pi ekes, of ten foote in
length at lest in the wood.
Andrewe Bacon is joyned w^i' the Capten and Mr. Clarke,
to P'pare caridges for the peeces that cam fro Piscataq'.
It is Ordered, that for the secureing of the Plantations there
shall be two wards men at lest, in eu'y seuerall Towne wt'^in
these libertyes, to giue notice of any sudden daynger that may
com vppon the Plantations, and to execute the Order for keepe-
ing out Indeans ; And also that there remayne w"'in euery
Towne a competent nuber of men dayly, for the defence thereof,
viz*. Hartford 40, Wyndsor, 30, Wethersfield 20.
• Blnnk in the original. The order douhtless refers to Sowheag or Sequin, who had been
charged with b-ccreting tliu nniidcrcrs of tlie English.
OFCONNECTICUT. 75
Its agreed that Wyndsor shall take offe the worth of 90^. in
Gotten Wooll, fro Mr. Hopkins ; Wethersfield, the worth of
110/.; Hartford 200/.; w^^^ Hberty to the Plantations to pi'por-
tion yt according to their former Rats, if Wyndsor and Weth-
ersfield shall wthin on month desire yt.
The Courte is adioyrned for a month, vnless the Gou"" see
cause to caull yt sooner.
Sep*, the IT^h, 1642.
Its Ordered, that the Clarke of the Band in euery Plantation
wt^in these Libertyes, shall giue in to the deputyes of their
seui^all Townes, an exacte list of all the Trayne men fro 16
yeares to 60 : and the deputyes to dehu'" the same to the Coin-
itte who haue power to levy the said Townes for the p^secution
of the warre.
Sept. 29th, 1642.
The Courte aduiseth that a letter be returned to the Dutch
in answer to their letter brought by Mr. Whiteing. Mr.
Heynes, Mr. Hopkins and Mr. Whiteing are desiered to write
yt, as also to write to Mr. Dudlie and Mr. Bellingha conserne-
ing what the Dutch Gouernor reporteth that they haue wrote
to him about o"" differences etc.
That the Country may be better enabled to kill yearely some
Beves for supply of Leather, It is Ordered, that no Calues shall
be killed wt^in these Plantations, w^hout the approbation of two
men w'hin ech Towne, by the Court to be appoynted for that
searuice, vppon forfeture of ten shillings to the Country. For
Hartford, Wm. Butler, George Steele ; Wyndsor, John Bissell,
John Portor ; for Wethersfield, Leo : Chester, Rich : Trotte.
[49] Vppon a bill exibited by Mr. Tailcoate, there appeareth
due to Mr. Eldridge, 4. 4. 6.
October the 4*^, 1642.
Its ordered, there shall be 90 Coats p^vided w^Hn these
Plantns, wthin tenn dayes, basted w^^ cotten wooll and made
defensiue ag' Indean arrowes ; Hartford 40, Wyndsor 30,
Wethersfield 20.
76 PUBLICRECORDS
The Courts adiorned for a month, vnles the Gou'' see cause
to call yt soooner.
The PrxiC Court, M^^ op Octob"', 1642.
George Willis Go^", Esqf.
Jo: Heynes Esq^ Ed : Hopkins Esq^, Mr. Phelps,
Mr. Webster, Mr. Whiting, Mr. Welles.
Jury : Mr. Cullicke, Tho : Osmore, Gregory Wilterton,
Will' Pantry, Tymothy Standly, John Clarke, Frances
Styles, John Byssell, Roger Willms, John More, Nath :
Dickinson, John Trott.
The ac^ of Seargeant Fyler pi*, in the behalfe of the Towne
of Wyndsor ag* Mat: Allen, deft, in an ac. of the Case. The
said Math : Allen is to pay costs for non apparance viijs. vi^.
The Court following, Seargeant Fyler was adiudged to pay the
said costs, haueing made a referance before the sute.
The sute of Ephraim Huit pi. ag* Tho : Steynton, is w^h.
drawn by consent.
Bray Rocester pi. ag* Wyddow Hudgison, Executrixe to
Will' Hudgison, defen*, in an action of debt to the damage
of 16/.
Whereas many sutes com into the Court ag* Tho :, Marsh-
field, and he is w^hdrawen and non soluit. The Court hath ap-
poynted Henry Woolcott & Tho : Ford to take into their
chardge or custody all the estate, goods & chattells of the said
Tho : Marshfields, as they shall be able to discou"^ yt, and to
dispose of yt to the best aduantage for the vse of the creditors,
and the same to accoumpt to the Court w^ they shall be there-
vnto cauled.
Mr. Eldridge pi. agt Tho : Marshfield deft, in an ac. of debt
to the damage of 121.
Henry Woolcott pi. agt Tho : Marshfield defS in an ac. of
the case to the damage of 40/.
In the ac. of Richard Trott and Samuell Smith agt John
Plum deft, the Jury find for the pl^ Damages 155. Costs
viijs. ij6?. Execution graunted.
ofconnecticut, 77
[92] Capitall Lawes established by the Generall Court,
THE FIRST OF DeCEMBER, 1642,
1. Yf any man after legall conuictlon shall haue or worship
any other God but the Lord God, he shall be put to death.
Deu : 13. 6, & 17. 2 : Ex : 22. 20.
2. Yf any man or woman be a witch (that is) hath or con-
sulteth wth a familliar spirit, they shall be put to death. Ex :
22. 18: Lev: 20. 27: Deu: 18. 10, 11.
3. Yf any p^son shall blaspheme the name of God the Father,
Son or Holy Goste, w^h direct, expres, prsumptuous, or high-
handed blasphemy, or shall curse God in the like manner, he
shall be put to death. Leu : 24. 15, 16.
4. Yf any p^son shall comitt any willfuU murther, w^h is man-
slaughter comitted vppon mallice, hatred or cruelty, not in a
mans necessary and iust defence, nor by mere casualty against
his will, he shall be put to death. Ex: 21. 12, 13, 14: Num :
35. 30, 31.
5. Yf any person shall slay another through guile, ether by
poysonings or other such divillishe practice, he shall be put to
death. Ex: 21. 14.
6. Yf any man or woman shall ly w'^ any beast or bruit
creature, by carnall copulation, they shall surely be put to
death, and the beast shall be slayne and buried. Leu : 20.
15, 16.
7. Yf any man lye w^h mankynd as he lyeth w^^ a woman
both of them haue comitted abomination, they both shall surely
be put to death. Leu : 20. 13.
8. Yf any p^son comitteth adultery w^^ a married or es-
poused wife, the adulterer and the adulteres shall surely be put
to death. Le : 20. 10, & 18. 20 : Deu : 22. 23, 24.
9. Yf any man shall forcebly and w^hout consent rauishe
any mayd or woman that is lawfully maried or contracted, he
shall be put to death. Deu : 22. 25.
10. Yf any man stealeth a man or mankind, he shall be put
to death. Ex: 21. 16.
11. Yf any man lise vp by false witnesse, wittingly and of
purpose to take away any mans life, he shall be putt to death.
Deu : 19. 16, 18, 19.
8*
78 PUBLICRECORDS
12. If any man shall conspire or attempte any inuasion, in-
surrection or rebellion against the Comon welth, he shall be
put to death.
And whereas frequent experience giues in sad euidence of
seuerall other wayes of vncleanes and lasiuious caridges prac-
tised among vs, whereunto, in regard of the variety of Circu-
stances, pi'ticular and expresse lawes and orders cannot sud-
denly be suted ; This Court cannot but looke vppon evells in
that kind as very pi'nitious and distructiue to the welfare of the
Comon weale, and doe judge that seuere and sharpe punishe-
ment should be inflicted vppon such delinquents, and as they
doe approue of what hath bine alreddy done by the p'ticuler
Court, as agreeing w^^ the generall power formerly graunted,
so they do hereby confirme the same power to the p^ticuler
Court who may proceed ether by fyne, comitting to the howse
of correction or other corporall punishement, according to their
discretion, desiering such seasonable, exemplary executions may
be done vppon ofTondors in that kynd, that others may heare
and feare.
Forasmuch as incorigiblenes is also adiudged to be a sin of
death, but noe lawe yet amongst vs established for the execu-
tion thereof; For the p^'uenting that great evell, It is Ordered,
that whatsoeuer Child or searuant w^^^^in these libertyes, shall be
conuicted of any stubborne or rebellious caridge against their
parents or gouernors, w^^^^ is a forerunner of the forementioned
evell, the Gouernor or any two Magestrats haue liberty and
power fro this Court, to comit such p^son or p^sons to the howse
of correction, and there to remayne vnder hard labour and
seuere punishement, so long as the Court or the mayor parte of
the Magestrats shall judge meet.
[93] Whereas diuers p^sons dep^'te from amongst vs, and take
vp their abode w^^ the Indeans in a pj'phane course of life,
For the p^uenting whereof, Yt is Ordered, that whatsoeuer
prson or p^sons that now inhabiteth or shall inhabite w^^in this
Jurisdiction, and shall deplete fro vs and sette or joyne w^^ the
Indeans, that they shall suffer three yeares imprisonment at lest,
in the howse of correction, and vndergoe such further censure
by fyne or corporall punishement as the pi'ticuler Court shall
judge meet to inflict in such case.
OFCONNECTICUT. 79
For the better furnisheing the Riuer w^h Cordage towards
the rigging of Shipps, It is Ordered, that what hempseed any
pi'son hath w^hin these hbertyes, that they shall ether sowe yt
themselves, or sell yt to some others wt^^in the Riuer that may
sowe the same.
The late Rate graunted, of 50Z. is to be made vp a 100/.
and to be p^'portioned vppon the three Townes according to the
former Rate, w^h may be paid in sumer Wheat at 4s. 4d. the
bushi, Rye at 3s. vie?, Pease at 3s. vie?, Indean at 2s. \iijd>
pi'uided yt be Marchantable Corne, and the Constables of ech
Towne are Ordered to receaue no other but at such vnder
Rate as they shall esteeme yt at, or in wampu at 6 a penny.
The former Order of Indean at 2s. vie?, the bush^ is repealed,
and the seu^all sorts of Corne before mentioned are made pay-
able, vppon the pryses herein specified, for any labour or hyer
of men or cattle, hereafter to be done.
The size of Pipestaues is to be 4 foote vi inches in length,
the breadth and thicknes according to the former Order.
It is Ordered, that noe man wthin this Jurisdiction shall di-
rectly or indirectly amend, repaire, or cause to be amended or
repaired, any gun, smale or greate, belonging to any Indean,
nor shall endeuor the same, nor shall sell or giue to any Indean,
directly or indirectly, any such gun or gunpowder, or shott, or
lead, or mould, or millitary weapons, or armor, nor shall make
any arrowe heads, vppon payne of ten pownd fyne for euery
offence at lest, nor sell nor barter any guns, powder, bullitts or
lead, wherby this Order might be evaded, to any pi'son inhabit-
ing out of this Jurisdiction, w^^out lycence of this or the p^tic-
uler Court, or som two Magistrats, vppon payne of ten pownd
for every gun, fine pownd for eu^y pownd of powder, 40s. for
euery pownd of bullitts or lead, and so pfportionably for any
greater or lesser quantity.
Mr. Whiteing & Capten Mason are desiered to take Order to
demaund the Tribuit due fro Long Hand and the Indeans vppon
the mayne, and w* they can receaue may be accoumpted
towards that w<=h is due to the fro the Country. Mr. Whiteing
is contente to accepte of the Corne at Mohegen, and to dis-
chardge the prises of the two cloathes, pi'uided he be abated by
80 PUBLICRECORDS
the Country for so much of yt as was sould & not traded for
Corne ; and if any cloath be lefte, yts at his dispose.
The Gour, Mr. Heynes, Mr. Hopkins, Mr. Whiting, Capten
Mason, Mr. Chester, Mr. Hill and Mr. Trott are desiered to
take the accoumpt of what the seuerall Townes will disburse
toward the building of a Shippe, (and if they find yt phesable,)
they haue power to agree w^h workemen to carry on the worke
and to take ingadgements of the Country to prforme what they
vndertake, and to doe all things requisit for the full accomplishe-
ing of the worke.
The Gour, Mr. Heynes, Mr. Hopkins, Mr. Welles & Mr.
Phelps are desiered to consider w^^ the Elders, conserneing the
the synns of Curseing father or mother, Incorigiblenes, Rau-
ishement, Contempt of Ordinances, Lying, and Brech of pi'mise,
and to make some lawes ag* the & p^sent the to the next Gen-
erall Courte.
[91] DEce. 18: 1642.
It is Ordered that no man wthin this Jurisdictn shall, directly
or indirectly, amend, repaire, or cause to be amended or re-
paired, any gun smale or greate, belonging to any Indean, nor
shall indeavor the same, nor shall sell nor giue to any Indean,
directly nor indirectly, any such gun, or any gunpowder or
shott or lead or shott mould, or any millitary wepons, armor or
arrowe heads, nor sell nor barter any such, vppon payne of ten
pownd fyne for euery offence att lest, and the Court shall haue
power to encrese the fine or to impose corporall punishement
where a fyne cannot be had, at their discretion.
Whereas yt appeares that notw^i^standing the former lawes
made ag* selling guns & powder to Indeans, they are yet sup-
plyed by indirect meanes, It is thereof Ordered, that if any
p'"son, after publicatfi of this Order, shall sell, barter or trans-
porte any guns, powder, bullitts or lead, to any p^son inhabit-
ing out of this Jurisdic" w^^out lycense of this Court, or fro some
two Magistrats, he shall forfeit for eu^y gun ten pownd, for
euery pownd of gun powder 5/. & for eu^y pownd of bullitts
or lead 40s. & so p''portionably for any greater or lesser quan-
tity.
ofconnecticut. 81
[94] The P'tic- Court, the 27*^ of January, 1642.
George Willis Esq', Goxi^.
Jo: Heynes Esq' Ed: Hop: Esqr, Mr. Phelps, Mr.
Webster, Mr. Whiting, Cap : Mason, Mr. Welles.
The Jury*
It is Ordered, that the pn^ Court shall be held the first Thurs-
day in these seu^'all months ; March, June, Sep., Decebr.
The will and Inuentory of Richard Lyman decessed is
brought into the Court. John Moody maks Oath that yt is
the last will of the said Rich : and also the noate then brought
in is the note of the Widdow Lyman decesed. The seuerall
p'tyes pi'sent at the p^senting the said will, agree that John
Lyman, if he Hue, will be 22 yere ould in Septe. 1645, Robert
Lyman 22 in Septe. 1651.
The P^tiC Court, the 2^ of March, 1642.
The Jury : — Bray Rocester, Nath : Waird, Jo : Barnard,
Ed : Sebbing, John Demon, Jo : Olester, Will' Palmer,
John Stedder, Tho: Stought", Tho: Dewye, Joseph
■ LuiTiis, Walter Fyler.
In the Ac. of Henry Woolcott pi. agt Tho: Spenser defen*,
the Jury find for the pi. damages vid. & Costs of Court.
In the ac. of Math : Beckwytt pi. agt Math : Allen deft, the
Jury find for the pi. damages viijs. & chardges of Court. Ex-
ecutn graunted.
In the ac. of Elias Putma pi. agt Ed : Vere def*, the Jury
find for the pi. dainages xviij5. & Costs of Court.
Tho : Hurlbut for exacting and incouridging others to take
excessiue Rats for worke and ware, is adiudged to pay to the
Country 40s.
Tho : Ford is to glue notice to the Wyddow Hudgison to
answer Mr. Rocester his sute, the first Thursday in Aprill next^
at w^h tyme though he should rec. no answer, he is to answer
to the sute himselfe.
* The names of the jurors are not recorded.
/ lA^^Z^
82 PUBLICRECORDS
The creditors of Tho : Marshfield are to repaire to the Court
to haue their sute tryed, the first Thursday in June.
Will' Rescue is to take into his Custody James Hullett, Tho :
Gybbert, Lidea Blisse & George Gybbs, and to keepe the in
giues* & giue the course dyet, hard worke, sharpe correction.
The ac. of Jospf Raulding pi. agt Tho : Hurlbut is w^hdrawen
by consent, and the chardges of the Court to be paid betwixt
the.
John Tynker pi. as assigne to Henry Webb, ag* Tho :
Marshfield defS in an ac. of the Case to the damage of ll.
In the ac. of Ed: Elmor pi. ag* Tho: Bailis deft, the Jury
find for the pi. damages 35s. and Costs of Court.
[96] March the 2T^, 1643.
George Willis Esq', Gou)".
Jo : Heines Esq^ Ed : Hopkins Esq', Mr. Webster, Mr.
Welles, Mr. Phelps, Capten Mason.
[Deputyes ;] — Mr. Steele, Mr. Tailcoat, Mr. Westwood,
Andr: Bacon, Mr. Swaine, Mr. Plum, Mr. Chaplin,
Robert Rose, Mr. Hill, Mr. Hull, Will' Gailard, Henry
Clarke.
Mr. Heines and Mr. Hopkins are desiered to goe into the
Bay to pi'secute the combination betwixt the and vs and New
Hauen, w^h full power if they haue opi'tunity to conclud the
same, and in case that should fayle, they are desiered to treat
and conclud of a Vnion w^h them, researueing the priuilidges
we haue in o' fundamental! lawes.
The Court consenteth that the former answer shall be re-
turned to the pi'positions made by the Lords, the p'ticulers at
p'sent not coining to vewe, and if yt please Mr. Fenwicke to
joyne w^h the Plantations, it shall not infring any of his priui-
lidges Wh belong to him.
The Court graunteth Mr. Heynes, a thousand acres of land
about Pequoit country, pi^uided it be vewed that it hinder not a
plantation.
* gyves.
OF CONNECTICUT. 83
That p'te of the Order concerneing recording of bargens and
moi'gages of land (made the 1 1 of October,) was now by gen-
eral! consent ordered & agreed to be in these words, That noe
bargaine or morgage of land whatsoeuer shall be of any value
vntill the same be recorded.
It is Ordered, that Frances Stiles, for his forceble resistance
of the Officer of the Court vppon the execution of his office, is
fyned to pay to the Country fifty pownd.
Mr. Plum & Mr. Swaine are nominated to stand in election
for Magestrats.
Its the judgment of the Courte that the Dutchmens hoggs
should be liable to the same orders as the Towne hoggs, where
they trespasse.
The decons of Wyndsorare appoynted to supply the searuice
that the decons of Roxberry were to pi'forme, conserneing the
distribution of the seuerall portions of Mr. Stoughtons children,
and his wiues, if the said decons of Roxberry refuse to doe yt.
[99] Aprill ye 6^^, (1643.) The PtTicuLER Court.
George Willis Esq"", Governour.
Mr. Whiting, Mr. Phelps, Captaine Mason, Mr. Webster.
The Jury : — Jo: White, Wm. Gibbings, Mr. Alcocke, Jo :
Porter, Tho : Thornton, Walter Filer, Benedict Afford,
Leo: Chester, Jo: Edwards, Tho: Trott (?) Jo: Elsey,
Nat: Ely.
Lisley Bratfield pi* in an actioii of trespas agt Tho : Cole-
man defend : damages 5/.
Bray Rocester pi* in an action of debt against Tho : Ford,
attur[ne3/] to Widow Huchinson, defend : vpon a Bill of 240£.
But forasmuch as Tho: Ford before this Court could not re-
c[eiue] instruction, ye tryall is deferd till next Court.
Jo : Stoder pi* in an act" of trespas against Jo : Plum, de-
fend*, damage xxs. The action betwene Jo : Stoder & Jo :
Plum is by consent w^^drawen, & referred fully to be issued
by Jo: White & Wm. Gibbings. Y^ charges of ye Court is
equally to be payd betwene ye p'"t[yes.]
84 PUBLICRECORDS
An attachm* graunted to Rob'te Parke for fiue pownds ten
shillings two pence, in y^ hands of Anthony Wilson of Vn-
cawa.
In ye action betwene Lisley Bratfield pi*, &. Tho : Coleman
defend : y^ Jury doe find for plS 21. xs. damage, & y^ cost of y^
Court & for witnesses xiij5,
Aron Starke is ajudged to be whiped at Winsor to morrow,
& then to serve Capten Mason during y^ pleasure of y^ Court.
James Hallet is to returne fro y^ Correction house to his
master *Barclet, who is to keepe him to hard labor
& course dyet, during ye pleasure of y^ Court, pi^vided that
Barclet is first to remove his daughter fro his family
before the sayd James enter therein. f
[102] The Court of Election held the IS^ii of Aprill,
1643.
John Heynes Esq*", Gou"^.
Ed : Hopkins Esq, Deputy.
George Willis Esq^ Roger Ludlowe Esq^, Mr. Webster,
Mr. Whiting, Tres\, Mr. Welles, Sec\, Capten Mason,
Mr. Woolcott, Mr. Swaine.
[Deputyes :] Mr. Steele, Mr. Talcoat, Mr. Westwood,
Andrewe Bacon, Mr. Chaplin, Rob'te Rose, John Rob-
ins, John Edwards, Mr. Hull, Will' Gaylard, Mr.
Stoughton, Mr. Rocester, Henry Gray.
Whereas, in regard of the diu''sity of mens judgements
amongst Jurors, yt falls out diu's tymes that no verdict is giuen
in, or else w^h great diificulty ; Wherefore yt is thought meet
and so Ordered, that the Jurors would w^h all dilligence attend
the issue and evidence of the Cause before the, to w^h they are
sworne, and if in that case they cannot agree after all reasons
disputed, but some remayne vnsatisfied, their reasons are to be
tendered to the Court, and to be answered, and then they are
* Blank in the original.
tXhe record of this session is not in the handwriting of the Secretary, Mr. Welles, who, (as
will be Been hy referring to the names of the Magistrates,) was not present.
OFCONNECTICUT. 85
to consult togather agayne, and if as yet any cannot bring
their judgments to joyne w^^ their fellowes in a joynt verdict,
the greater pi'te shall giue yt in by their voate, and yt shall be
deemed to all intents and purposes a sufficient and full verdict,
vppon w^h judgement may be entered and execution and other
p^ceedings to be had therein, as though they had all agreed ;
p^uided also, that if yt fall out the case be so difficult that the
Jury are equally diuided sixe [to] sixe, the Jurors are to tender
yt to the Court, w^h their reasons, and a spetiall verdict is to
be drawen thereuppon ; and then the Court are to appoynt a
tyme to argue the same, and the voate or greater nuber of
Magistrats are to carry the same, and judgement to be entered
thereuppon, and execution and other p^ceedings as in case of
a verdict by a Jury.
Whereas, we find by experience that there followes great in-
conueniences in regard diuers are suddenly cauled to answer
sutes in the Pi'ticuler Court, wt^out tymely notice, and so
many tymes the most harmeles are soonest overtaken. For the
p''uention whereof, It is Ordered, that fro henceforth all p'sses*
that yssue forth shall be returnable one full weeke before euery
p^ticuler Court, at wch tyme the pl^^ or pl^^ shall, is or are to
bring in their plea or declaration to the Secretary, where the
defen* or defendants are to repaire and take a coppy, and w^hin
three dayes to deliuer in his or their answer or answers, that
men may be pi'pared to come to judgment ; and if yt fall out
the pi* or pits fayle of putting in his or their declaration or
declarations according as aforesaid, the sute to surcesse and
the defend* or defend^s not bownd to pi'ceed w^^out a new
suinons, and if the def* or defence fayle on his or their p'ts ac-
cording to the true intent of this Order, the pi* or pl*^ may
pi'ceed vppon his or their declaration or declarations, and the
def* or defend* s ar likewise subiect to a fyne of the Court for
any misdemeanor thei'ein. These Orders to stand vntill the
next generall Court.
The Clarkes of ech Towne that are appoynted to size the
waights and measures are Ordered to bring in the standards of
boath fro the seuerall Townes to the next p^ticuler Court, there
to be compared togather and made equall. John Banks is re-
* processes.
86 PUBLICRECORDS
turned Clarke to size the waights and measures for Wyndsor,
& Fraunces Norton for Wethersfield.
[103] It is Ordered, that one or two of the Magistrats shall be
sent to Stratford and Vncoway, to joyne w*'' Mr. Ludlowe for
the execution of Justice, twice this yeare, viz*, the last Thurs-
day in April! and the last in September.
Capten Mason and Mr. Welles are appoynted for the last in
Aprill.
It is Ordered, that euery Towne vppon the Riuer shall pi'uide
one man in ech Towne to doe execution vppon delinquents, by
whipping or other correction as they shall be thereunto cauled
by Order fro the Magistrats.
It is Ordered, that good Rialls of | and Reix Dollers shall
passe betwixt man &; man att fiue shillings a peece, in all pay-
ments, the debts being made after the publisheing of this Order.
It is Ordered, that Mr. Ludlowe shall be moderator the next
p'ticuler Court, if he be p^sent, or in his absence and the ab-
sence of the Goui". & Deputy, the eldest Magistrat, p^uided the
Court consist of fiue Magistrats w^h the Moderator.
The Gor, the Deputy, Mr. Willis, Mr. Ludlow, Capten Ma-
son, Mr. Webster, Mr. Whiting and Mr. Rocester are desiered
to debate w^h Mr. Huit conserneing Mr. Styles his petition and
other ofFensiue cariedges, and if they receaue not satisfaction
to returne their report to the next Generall Court. They may
also take such other helpe as they shall see cause.
The opinion of the Comittee to who the consideration of the
petition of our neighbours of Wethersfield was comitted, was
now returned to the Court, and for p^sent aproued of, and
ordered that one coppy thereof be sent to Mr. Smith and another
be giuen to the mebers of the Court for the Towne, and the
said Comittee are desiered by the Court to receaue Mr. Smiths
answer, and in case they find him vnsatisfied in the aduise
giuen, they are desiered to take such an indiflferent course that
the true state of the question may be p^pownded, and the ad-
uise of Elders here and elsewhere taken vppon the same, that
accordingly an issue may be put thereto.
The Court is adioyrned vntill the first Wendsday in July.
OFCONNECTICUT. 87
The Coppy of the opinion of the Comittee vppon the Peti-
tion of those of Wethersfield.
The Petition of those of Wethersfield hath bine taken into
sadde and serious consideration, and we doe find the distance
& differences to be exceeding great, and some of the such as
will necessarily require publique examinatio and censure, so
that till then we cannot expresse o'' judgments conserneing
pi'ticulei's: We find also that many of those who put vp their
names for remoueall were not induced thereunto by any dislike,
or ingadgement they haue in the pi'sent quarrells, but for want
of lotts and other considerations : Yet vppon the vew of the
generall, conceaueing yt will be disaduantagious to the pub-
lique & vncomfortable if not distructiue to themselues that so
many as are interested in the pi^sent differences should remoue,
and vppon other considerations, we are of opinion that the best
way for recouering and prsearueing the publique peace is that
Mr. Smith lay downe his place, if yt may be done according to
God.
[104] The PrTicuLER Court, the first of June, 1643.
Roger Ludlowe Esqi", Moderator.
George Willis Esq^, Mr. Webster, Mr. Whiteing, Mr.
Welles, Capten Mason, Mr. Swaine, Mr. Woolcotte.
\_The Jury :'\ — Mr. Parke, Mr. Stoughton, John Bissell,
Henry Woolcotte, Aron Cooke, Roger Willms, Nath:
Foote, John Westoll, Tho: Standly, Joseph Maggott,
George Steele, Tho: Scotte.
In the ac. of Will' Gailard, as Attorny for Nath. Patten, pit,
against Tho: Marshfield, defend the Jury find for the pi*,
damages, 20/.
In the ac. of Math: Allen, as Attorny for Tho: Allen, pi*,
agt Tho; Marshfield deft, the Jury find for the plS damages,
21. 16s.
In the ac. of Mr. Woolcott, as Attorny for Henry Webb
pi', ag' Tho: Marshfield defS the Jury find for the plS dama-
ges, 5/. 7s.
88 PUBLICRECORDS
In the ac. of Henry Woolcott pi* ag* Tho : Marshfield def*,
the Jury find for the pi*, damages, 195.
In the ac. of Mr. Woolcott, for Mr. Branker plS ag* Tho:
Marshfield defenS the Jury find for the pi*, damages, 155.
In the ac. of Will' Hill, for Lawrance EUison pi*, agt Tho:
Marshfield dei^, the Jury find for the pi*, damages, 4/.
In the ac. of Mr. Will' Whiting plS against Tho: Marshfield
deft, the Jury find for the pi*, damages, xxvU.
In the ac. of debt vppon a bill of exchainge, by Mr . Will'
Whiting pis agt Tho: Marshfield deft, the Jury find for the
pit, damages, 20/. 10s.
In the ac. of Will' Torrey pit, agt Tho: Marshefield defent^
the Jury find for the pit, damages, 182/. vis. 9d.
In the ac. of Richard Trott pit, agt Tho: Marshfield defen*,
the Jury find for the pit, damages, xviZ. 13s. vie?.
In the ac. of Bray Rocesterplt, agt Wyddow Hudgison deft,
as executrixe to Will' Hudgison deceased ; Tho: Ford ap-
pearing to the sute, the Jury find for the pit, damages, 23/.
The Court graunteth execution to the pit vppon the goods of
the defent.
[105] Willm Turrey pit, agt Nath : Willet & Elizabeth Wil-
let deft3, in an ac. of debt.
John Robins pit, agt Richard Belden & Nath : Woodroofe
defents, in an ac. of the Case.
Will' Whiting
[106] June the 15tii, 1643. [A Pr'ncuLER Court.]
John Heynes Esqs Gou'.
Ed: Hopkins Esq"^, Dep.
George Willis EsqS Mr. Welles, Mr. Webster, Mr.
Whiting, Capten Mason, Mr. Swayne, Mr. Woolcott.
The Jury : — Mr. Chester, Rich: Webb, Rich: Goodman,
Will' Gybbins, Rich: Butler, Tho: Ford, John Porter,
John Drake, Robert Howard, Nath: Dickinson, Josias
Churchill, John Demon, (Mr. Trotte.)
In the ac. of Battery and Trespasse of Tho: Waynewright
pit, agt his blaster, Mr. Henry Smith deft, the Jury find for the
defent Costs of the Court.
OFCONNECTICUT. 89
In the ac. of Henry Woolcotte plS as Attorny to John
Witchfield, agt Tho: Marshfield defS the Jury find for the
pit, dam : 30s.
In the ac. of Henry Woolcott pi*, as Attorny to John Brooke,
agt Tho: Marshfield deft, the Jury find for the pi*, dam : xi/.
In the ac. of Nath: Willet & Elizabeth Willett pi*, agt
Tho: Marshfield deft, the Jury find for the pit, damages, 14/.
lis. 2c?.
In the ac. of Will' Palmer pit, agt Tho: Marshfield deft, the
Jury find for the pit, damages, viii/. 3s. 4.
In the ac. of Henry Woolcot pit, agt Tho: Marshfield deft,
the Jury find for the pit, damages, 4l. 3s. 4(1.
In the ac. of Tho: Forfl pit, agt Tho: Marshfield deft, the
Jury find for the pit, damages, 4/. 13s. 10c?.
In the ac. of Henry Woolcott & Nath: Willet pit, agt Tho:
Marshfield deft, the Jury find for the pit, damages, viiZ.
Mr. Eldridge pit, agt Tho: Marshfield in an ac. of debt to
the damage of 13/.
Benedict Aluer pit, agt Tho: Marshfield deft, i^^ an ac. of
* to the damage of 10/.
Will' Hubbert pit, agt Tho: Marshfield deft, in an ac. of the
Case to the damage of 12/.
Mr. Woolcott pit, agt Tho: Marshfield in an ac. of the Case
to the damage of 39/. 15s.
Mr. Whiteing pit, as Attorny to Henry Bartlemewe, agt
Tho: Marshfield deft, in an ac. of the Case to the damage of
40/.
Tho: Ford pit, as assigne Edward Smith, agt Tho: Marsh-
field defent, in an ac. of debt to the damage of 30/. 13s. 4a?.
[107] June the 16th, 1643.
Henry Woolcott & Tho: Ford are Ordered to bring vnto
the Gouernour a p''ticuler of the Estate of Tho : Marshfield, as
yt consists in land, goods or debts, and that they doe yt wt^in
on weeke ; & Mr. Whiting, Mr. Hull and Will' Gaylard are to
* Blank in the original.
90 PUBLICRECORDS
price the p^ticulers, and to make an equall diuision thereof
amongst the creditors, and that pi'portion w^h is to be seques-
tred for debts oweing by the s*! Marshfield and yet vnproued,
are to be lefte w^h Henry Woolcott, who must accoumpt for
the same. And the creditors are to be accoumptable for to
returne such a p^portion of what they shall receaue as shall
appeare to belong to such Creditors fro old Ingland as may
challing and make p^'ufe of any just debts fro the said Marshfield,
pruided they appeare w^^in 14 months ; to w^h the Creditors
consent.
[108] July the 5th/ 1643.
John Heynes Esq"^, Gou"^.
Ed: Hopkins, Esq^, Dep :
Roger Ludlowe Esq', George Willis Esq, Mr. Webster,
Mr. Welles, Mr. Whiting, Mr. Swayne.
[Deputyes :] — Mr. Taylcott, Andrew Bacon, Mr. Chap-
line, Robert Rose, John Edwards, John Robins, Mr.
Rocester.
Those of Wethersfield who conceaue theselues to be vnder
some wronge in caring of Church and Towne occations, they
are ordered to gather vp the pi'ticuler greiuences or wrongs and
p^sent them w^^ their names to the Gou"" & Deputy, wt^in
three weekes, who are desiered to send a coppy thereof to Mr,
Smith, who is to returne his answer w^^in three weeks, that
the differences may be ripened ag^ the Court in Septeber, and
a finall end put thereunto.
Mr. Hopkins is desiered to pi^forme the searuice to be one*
* At the first meeting of the Commissioners of the United Colonies, in September following,
" an order from the Generall Court of Connectacutt was presented and read, dated at Hartford,
the fifth of July last, by which it appears George Fenwicke Esq. and Mr. Edward Hopkins were
chosen Commissioners for that Jurisdiction." (Rec. of U. Colonies.)
The name of Mr. Fenwick does not appear in the record of the General Court ; — but the
appointment of Mr Hopkins as " one of the Committee" seems to imply the recognition
of Mr. F. as his associate. The latter represented the 'Lords and gentlemen,' his fellow propri-
etors under the Earl of Warwick's Patent ; as whose agent he maintained the Fort and plantation
at Saybrook and claimed the jurisdiction of the lands upon the Connecticut. The agreement
between Mr. F. and the General Court, by which Saybrook was ceded to Connecticut was not
executed until December, 1644.
OF CONNECTICUT, 91
of the Comittee for this Riuer, to goe to the Bay to agitate the
businesses of the Combination, according to the agreement be-
twixt the vnited Colonyes, the first Thursday in Septem., if his
shippe occations be then ouer, otherwise the Gour is desiered
to supply the place, and to treate and conclude touching ap-
peales in such Cases as shall be by the Comission''s judged ne-
cessary.
Whereas there hath bine great neglect by the plant[ations] in
not pi'uiding powder according to order of Court, It is now
Ordered, that if the seuerall Townes shall not p^uide their seui^all
quantityes, according to former Order, by the Court in Septe.,
all the former forfetures shall be leuyed vppon the w^hout delay.
It is Ordered, that there shall be liberty for a Markett to be
held att Hartford weekely, euery Wensday, for all manner of
comodityes that shall be brought in, and for cattell, or any mar-
chandise w^^soeuer.
Mr. Webster and Mr. Whiting are desiered by the Court to
answer the petition conserneing the makeing pitch and tarre.
It is Ordered, that Mr. Huit and Mr. Styles shall be cauled
to the next generall Courte, to answer for their miscaridge in
their petition formerly giuen into Courte.
It is Ordered, that ech Towne chuse two surueyors yerely,
to looke to the highwayes, who shall haue liberty to call out
euery Teeme & pi'son fitt for labour, in their course, one day
euery yeare, to mend the said highwayes wherein they are to
haue a spetiall regard to those Comon wayes w<=h are betwixt
Towne and Towne. The chardge hereof is lefte to the pnicu-
ler Townes for the p''sent, to be ordered according to their
owne rules, & in case any surueyor shall not attend the said
searuice by cauleing out the teemes & p^sons aforesaid, where
need is, he shall forfeit 5s. for euery offence.
[109] It is Ordered, there shall be a Grand Jury of 12 p^sons
warned to appeare eu*" Court yerely in Septeber, or as many &c
oft as the Gouernc or Courte shall thinke meet, to make p''sent-
ment of the breches of any lawes or orders, or any other mis-
demeanors they know of in the Jurisdiction.
Mr. Chaplin shall haue a coppy of the creditors &; debtors to
Mr. Oldoms estate, and is to inquire of the debtors to who they
haue paid & to make returne to the next p^ticuler Court.
92 PUBLICRECORDS
The Tresurer is to haue a noate to take vppe the Fynes.
Whereas, the p''spi'ity and well being of Comon weles doth
much depend vppon the well gouerment and ordering of pi'ticu-
ler Familyes, W^^ in an ordinary way cannot be expected where
the rules of God are neglected in laying the foundation of a
family state ; For the p^uention therefore of such evells and
inconueniences, w^h by experience are found not only to be
creepeing in but practised by some in that kynd, It is Ordered,
that no pi'son whatsoeuer, male or female, not being at his or
her owne dispose, or that remayneth vnder the gouerment of
parents, masters or gardians or such like, shall ether make, or
giue entertaynement to any motion or sute in way of mariedge,
wthout the knowledge and consent of those they stand in such
relation to, vnder the seuere censure of the Courte, in case of
delinquency not attending this order ; nor shall any third p'son
or pi^sons intermedle in makeing any motion to any such w^hout
the knowledge and consent of those vnder whose gouerment
they are, vnder the same penalty.
Mathew Allen pi*, agt Rich: Fellowes defS in an ac. of the
Case, to the damage of 20s. The said Mathewe Allen acknow-
ledgeth himselfe to be bownd to the Cuntry in a Recognizance
of 10/. to pi'sent the said Rich : Fellowes, the next Court.
[110] SEPTesER THE 4th, 1643. [J. P'-ticuler Courte.']
John Heynes Esq^, Gou^.
Mr. Welles, Mr. Webster, Mr. W. Swayne, Mr. Woolcott.
[The Jury:] Tho : Ford, Will' Wodsworth, Nath :
Richards, John Hopkins, Arther Smith, John More,
Will' Heiton, Josua Carter, Samuell Smith, Tho;
Wright, Samuell Hale, Andrew Longdon.
In the ac. of Math : Allen plS ag* Rich : Fellowes defend the
Jury find for the deft, chardges of Court & Vmd. for powndage.
In the ac. of Math: Allen pit, agt Nich: & Will' Clarke
defts, the Jury find for the pit, damages 3/. 3s. 4c?. & costs of
Court vij5.
The ac. of Math : Allen pit, agt Tho : Olcott is forborne
vntill the next Court.
OPCONNECTICUT. 93
In the ac. of John Robins plS agt Tho : Holibut defend the
Jury find for the pi*, damages 255. & costs of Court.
Tho : Ford pl't, as assigne to Edward Smith, agt Tho :
Marshfield deft, in an ac. of debt to the dainage of 30/. 135. 4c?.
Roger Ludlowe Esqs pit, agt Will' Whiting deft.
SEPTeBER THE 14t*i, 1643. A Generall Courte.
John Heynes Esq"", Gou'.
Mr. Webster, Mr. Welles, Capten Mason, Mr. Swayne,
Mr. Woolcott.
Mr. Steele, Mr. Taylcote, Mr. Westwood, Andrew Bacon,
Mr. Hill, Mr. Stoughton, Mr. Hull, Will' Gaylard, Mr.
Chapline, Mr. Robins.
The Courte is adiorned for a month.
[112] Septcber the 15th, 1643.
Jo; Heynes Esq"", Gou"".
Ed : Hopkins Esq"", Deputy.
George Willis Esq^, Mr. Webster, Mr. Welles, Mr. Whi-
ting, Capten Mason, Mr. Swayne, Mr. Woolcott.
[Deputies :] Mr. Steele, Mr. Talcott, Mr. Westwood, An-
drew Bacon, Mr. Hill, Mr. Hull, Mr. Stoughton, Will'
Gaylard, Mr. Chaplin, Mr. Robins, James Boosy, Sam-
uell Smith.
The Grand Jury. Mr. Phelps, Jur; Willia Pantry, Rich-
ard Webb, John Pratt, Nath : Waird, John White, Mr.
Trott, Mr. Parke, Mr. Chester, Nath: Foote, Nath:
Dickinson, Tho : Ford, Mr. Clarke, Mr. Porter, Mr.
Terry; Jur.
The Court adioyrned for a month.
October the 12th, 1643.
John Sadler was to be warned to the next Generall Court.
Whereas Mr. Hopkins, Mr. Willis & Mr. Whiting have pi'm-
ised to vse their best endeauors to p^uide fower barrells of pow-
der, It is Ordered, that Wyndsor shall take ofFe two barrells.
94 PUBLICRECORDS y
Hartford one barrell and Wethersfield one, yf yt may be had,
& to make the best pay the Country afords to sute the occa-
tions of the pnyes that p^uide yt.
It is ordered, that Wyndsor shall haue for the p^sent 30/. of
powder out of the Comon stocke, w^h they are to restore so
soone as they can pi'uide.
It is Ordered, that Mr. Talcott and Andrewe Bacon are to
take a record of the debts of the Country oweing in Hartford,
Mr. Woolcott & Mr. Hill for Wyndsor, James Boosy for Weth-
ersfield.
Mr. Whiteing and Capten Mason are to examine whether
the Country or some p^'ticuler pi'son are to dischardge the debt
due to Roger Anadowne.
Mr. Hopkins, Mr. Whiteing and Capten Mason are to pJ'sse
eight souldiers w^h suflicient arms and pJ'uisions to be sent to
Mohegen to defend Vncas,* and to doe such seruice in building
or otherwise as shall be thought meet, and there to remayne as
the said comittee shall see cause.
It is ordered, that the Gou'^nor or deputy, or any two Magis-
trats, vppon any sudden occation or eminent daynger may
presse men and munition for a defensiue warre or to garde &
defend the Country in their necessary occations or passage fro
Towne to Towne. Also, the deputyes in the seuJ'all Townes
are desiered to call their p^^ticuler Townes togather, to take
Order w^^in theselues to be in a posture of defence vppon an
alaru, that the seu^uU souldears may know to what quarter to
resorte and where to stand vppon their p^sent defence.
Richard Lordf for his miscariedge in draweing his sowrd
and vseing thretening speeches in contending w^h Tho : Stan-
tonf about tradeing for indean corne, is fyned to pay to the
Country fiuef pownd.
* The Commissioners of the United Colonies (who were at this time in session, at Boston,)
having decided upon dehvering up Miantonimo to be murdered by liis captor, Uncas, (" that so
execution may be done according to justice and prudence,") were apprehensive that the Narra-
gansetts, or some of the neighboring tribes, allied with or tributary to the Narragansett Sachem,
would seek to revenge his death. They therefore directed that measures should be taken to pro.
vide for the defence of the Colonies, and "that Hartford furnish Vneas with a competent
strength of English to defend him against any present fury or assault of the Narragansetts or any
other." {Records of U. Colonies.)
t The names of Richard Lord and Tho. Stanton, and the word ' flue,' have been partially ob-
literated, by drawing a pen across them, at a date evidently long subsequent to that of the
record.
' OF CONNECTICUT. 95
It is Ordered that there shall be a rate of forty pownd leuied,
to be paid to Mr. Fenwicke, to be laid out for the repaireing
the Fort.
For the avoyding of many differences and quarrells that may
arise by takeing vppe debts of Indeans, It is Ordered, that who-
soeuer, after the publisheing this Order, shall sell for day, or
trust any Indean or Indeans w^^ goods or coinodityes, shall for-
feit to the Country the double some or value of what they do
betrust them w^^^all ; and that no man shall trade w'^ them at
or about their wygwams, but in their vessells or Pynnaces or
att their owne bowses, vnder the penalty of 205. ech tyme.
To pf'uent or w^^stand such sudden assaults as may be made
by Indeans vppon the Sabboth or lecture dayes. It is Ordered,
that one p»'son in euery seuerall howse wherein is any souldear
or souldears, shall bring a muskett, pystoll or some peece, w'h
powder and shott to ech meeting, excepte some on Magistrate
dispense w^^ any on, and appoynt some other to supply his
roome.
Jacob Waterhowse doth acknowledge himselfe bownd in a
recognizance ot Fifty pownd, to attend the next Court to an-
swer for his mysdemeanor towards the Indeans.
The Court is adioyrned vntill Thursday next.
[113] A P^TicuLER Court, held the ix^^ of No : 1643.
John Heynes Esq'', Gou"^.
Ed : Hopkins Esq^, Dep.^
Roger Ludlowe Esq^ George Willis, Mr. Webster, Mr.
Welles, Mr. Whiteing, Capten Mason, Mr. Woolcott,
Mr. Swayne.
The Jury. Mr. Tailcott, Tho : Osmore, Ed : Stebbing,
John Barnard, Arther Williams, Mathewe Sension, Tho:
Dewey, Tho : Orton, Tho : VfToote, Samuel Hales, Rich-
ard Parke, John Demon.
In the action of Nathaniell Dickinson pi*, agt John Robins
defent, the Jury find for the del ^ Costs of Court vij5,
In the ac. of Nathaniell Eldredge plS agt Tho : Marshfield,
the Jury find for the pi*, the debt and costs of Court, xZ.
96 PUBLICRECORDS
In the ac. of Tho : Ford plS as assigne to Ed : Smith, agt
Tho : Marshfield deft, the Jury find for the plS the debt & costs
of Court. The debt, 30/. 135. 4.d.
In the ac. of Math : Allen pi* agt, Tho : Olcocke deft, the
Jury find for the plS damages six pownd, fine shillings, and
costs of Court.
In the action of Roger Ludlowe Esq^ pi*, against Willia
Whiteing gent, defend the Jury find for the plS dainages thirty-
nyne pownd, and costs vij5.
Willi' Lewes his fyne is to be paid at these seui^all tymes,
vizt. 5/. the 20^11 of March, and 5/. the 20^^ of Septeber, and the
other xZ. three months after.
[114] No: xth, 1643. A. Generall Court.
John Heynes Esq"", Gou"".
Ed : Hopkins EsqJ", Dep.
Roger Ludlowe Esq^, George Willis Esq"", Mr. Webster,
Mr. Whiting, Mr. Welles, Capten Mason, Mr. Swayne,
Mr. Woolcott.
Deputyes : Mr. Steele, Mr. Talcoate, Mr. Westwood,
Andrewe Bacon, Mr. Hill, Mr. Hull, Mr. Stoughton
Will' Gaylard, Mr. Chaplin, Mr. Robins, Samuell Smith,
James Boosy.
Whereas in the fundamentall Order* yt is said (that such
who haue taken the Oath of fidellity and are admitted inhabit-
ants) shall be alowed as quallified for chuseing of Deputyes,
The Court declares their judgement, that such only shall be
counted admitted inhabitants, who are admitted by a generall
voate of the mayor pi'te of the Towne that receaueth them.
Whereas y t is obsearued that the late Order for on in a Fam-
ily to bring his Arms to the meeting house euery Sabboth and
lecture day, hath not bine attended by diuers pi^sons ; It is now
Ordered, that whosoeuer hereafter shall at any tyime neglecte
the same, shall forfeit xij^f. for euery neglect, whereof vie?, to the
prty that shall informe and V\d, to the Country.
* See page 23. [Or. 224.]
OFCONNECTICUT. 97
It is Ordered that all the souldears in the severall Tovvnes
w^Hn this Jurisdiction shall be trayned sixe dayes yerely* as
they shall be appoynted by the Capten or other officer, Viz*,
one day in the first weeke of these seuerall months here men-
tioned, Mai'ch, April], May, Septeber, October & Noueber; and
if the day appoynted pi'ue unseasonable, the Officer is to ap-
poynt the next fayer day. The hower to begin is eight of the
clocke. And whosoeuer shall be absent any of the said dayes
after the hower lymited, or shall not continue the whole tyme
shall forfeit 2s. vi^. for euery default, excepte such as are lycen-
sed vnder the hands of two magistrats. The Clarkes of the
seuerall bands are to distreyne the delinquents w^^^in 14 dayes
after the forfeture, and to take vid. for theselues, the remaynder
to be for the mayntenance of drums, cullers & such like ; and
If any of the said Clarks shall omit to distreine any delinquent
for the said terme of 14 dayes, shall forfeit to the Country the
double some. The Capten and officers shall haue liberty to re-
lesse such as they approue for expert souldears for halfe a day,
at any time. Mr. Ludlowe is desiered to call forth the soul-
dears of the Towns vppon the sea cost, to see the exercise as
aforesaid, vntill there be some fitt officers pi'uided.
Mr. Chaplyn, for diuulgeing and setting his hand to a writing
cauled a declaration, tending to the defamation of Mr. Smith,
is fyned to pay to the Country xi^.
Frances Norton, for setting his hand to the said writeing, is
fyned 5/.
John Goodridge also, for setting his hand to the said writeing
is fyned 405.
Mr. Plum, for p^ferring a rowle of diuers greuinces agt Mr.
Smith & fayleing of proufe in the p^'secutio thereof, is fyned xl.
Robert Rose for joyneing w^^ Mr. Plum therein is fyned 40s.
Its concluded that a writeing shall be p^pared and openly
read in the seuerall Townes, for the clereing Mr. Smith, and an
Order made of ten pownd fyne for whosoeuer shall be conuicted
vnder two witnesses to diuulge any the said greiuences to his
defamation.
The Court is adiurned vntill Wensdey com seuennight.
* " It is judged meet by the Commissioners that there be trayneings at least sixe tyiiies eule
yeare in each Plantacon w Hu this confederacoc.*' (Rec. of U. Colonies, Sept. 1643.)
10
98 PUBLICRECORDS
Mr. Webster and Mr. Welles are to take vppe of the Tra-
ders for Indean corn, the forfetures due to the Country.
Wensday the *day of No: 1643.
Its Ordered, that there shall be a Rate of 150/. levied vppon
the three Towns, w^h is to be p^portioned by Mr. Taylcott and
Andrewe Bacon, Mr. Hill, Willa. Gaylard, Mr. Chaplin and
James Boosy.
The Gouernor and Deputy are desiered to examine the Tres-
urers accoumpt and to assigne the bylls for the Country debts,
what shall be alowed.
Its Ordered that the plantations shall keepe a day of humil-
iation vppon Wensday com three weeks.
Mr. Branker is freed fro watching & warding.
[115] Whereas many clamors haue bine raysed & spred
through seui'all pi"ts of the Country, of some indirect pi^ceedings
of Mr. Smith of Wethersfield, both in Church administrations
& in acting in the ciuell occations of the Towne, whereby the
peace of the Coihon welth was disturbed, W^^ gaue occation to
the Court to giue liberty to all who had any iust greiuences in
ether kynd agt him to p^duce them in publique, and to apoynt
a tyme for hereing and determining the same, w^^ accordingly
was attended by seuerall in that Towne, and many complaints
made, wherein Mr. Smith was accused and judged by the to lye
vnder much guilt. But vppon a full heareing of all that was
aleadged by any in mayntenance of their accusations, It was
found that most of their accusations were mistaks, wherein Mr.
Smith was much wronged, both by false reports and vniust sur-
mises. It was therefore, by vnanimos consent of the whole
Court, Ordered, for pi'uention of the further spreading of the
said reports w^h tend so much to the pi'iudice of the publique
peace and th' aparent wrong of Mr. Smith, That whosoeuer
w^^in this jurisdiction shall hereafter be conuicted by the testi-
mony of two witnesses, to continue or renewe any of the for-
mer complaints (most of the said greiuences haueing bine also
formerly hard by the magistrats and elders,) wherein he hath
• Blank in the original. ,
OFCONNECTICUT. 99
bine clered by this Court, shall forfeit to the Country ten pownd
for euery such offence.
January 3^, 1643.
The Courte takeing the state of o"^ natiue Country into con-
sideration haue Ordered, that there shall be monthly a day of
humiliation keept through the Plantations, according to the
course of o'' neighbours at New hauen, and to begin vppo
Wensday the x^^ of this month.
Mr. Fenwicke is p^pownded to stand in election for a Magis-
trate, the Court in Aprill.
The Gou"" & Deputy are desiered to returne an answer to
the request of the Ilanders, signified by their letter p^sented to
the Court.
Gyles Whiteing is dismissed fro trayneing & is content to
pay I2d. euery trayneing day, to the Clarke of the land, to-
wards the mayntenaunce of drums & cullers.
The Court is adiorned for sixe weekes.
[116] Feb. 14*^, 1643.
John Heynes Esq"", Gou"^.
Ed: Hopkins Esqs Dep.
George Willis Esq--, Mr. Webster, Mr. Whiteing, Mr.
Welles, Capten Mason, Mr. Woolcott, Mr. Swayne.
[Deputyes :] Mr. Steele, Mr. Talcott, Mr. Westwood,
Andrewe Bacon, Mr. Hill, Mr. Hull, Mr. Gaylard, Mr.
Stoughton, Mr. Chaplin, Mr. Robins, Samuell Smith,
James Boosy.
Nath: & Elizabeth Willet pits, agt Benedict Alueret defen*,
in an ac. of debt to the damage of 12/.
Math: Allen pi*, agt Tho: Steynton defen*, in an ac. of the
Case.
All p^sons that can bring in sufficient proufe that they are
aboue 60 yeares of age, are freed fro watching.
Whereas yt is obsearued that many differences arise fro the
inequallity of measures that are vsed amongst vs, for the pi'uent-
ing whereof. It is Ordered, that the Clarks in the seuerall
100 PUBLIC RECORDS
Townes w^h are appoynted for the fixeing the said measuers
shall once in euery yeare appoynt a certen day and place &
giue notice to the Inhabitans to bring in their measures to
them to be tryed and compared w^h the standard ; and they
shall haue 3d. for the first fitting and sealeing ech measuer, and
2d. for euery tryall and sealeing, pi^uided that non be sealed but
of seasoned wood ; and it shall not be lawfull for any p^son w^hin
these libertyes to sell by any other measure but such as are
sealed, and whosoeuer shall fayle to bring in his measure to the
said Clarke at the tyme & place appoynted shall forfeit 12c?. for
euery default, wcii forfetures shall be gathered by the said
Clarks, and they shall haue 4d. in the shilling to theselues ; and
if vppon tryall any measure be found to little they shall cutte
out the scale. They are also to size & scale all yards and
wayghts.
Forasmuch as many laborers and workemen complayne that
they are forced to put offe their Corne w^h they receaue for
their worke to seuerall Chapmen, for comodityes, at a cheper
rate then they take yt att, For the p^uenting whereof, It is
now Ordered, that whosoeuer wt^in these libertyes shall sell
any Coinodityes or make any bargaine to be paid in Corne,
after the publisheing this Order, shall take the said Corne att
the Country rate.
[117] Whereas many complaynts are brought into the Court
by reason of diui's abuses that fall out by seuerall p^sons that
sell Wyne and strong water, as well in vessells on the Riuer as
also in seuerall bowses, for the pi'uenting whereof yt is now
Ordered, that no p^son or p'sons, after the publisheing this Order,
shall nether sell Wyne nor strong water in any place w^^^in
these libertyes, wt^out hcense fro the p^'ticuler Court or any
two magistrates.
Whereas the Condition of these seuerall Plantations in these
beginnings wherein we are, is such that necessity constraynes
to improue much of the grownds belonging to the seuerall
Townes in a comon way, and yt is obsearued that the publique
& generall good, w^h ought to be attended in all such improue-
ments, receaues much p^iudice through waint of a prudent
ordering and disposeing of those seuerall Comon lands
to such wayes of improuement as are most p^'p'' to the, and
may best aduance the publique good, It is therefore Ordered?
OF CONNECTICUT. 101
that ech Towne shall before the sitting of the next Court, chuse
fro among theselues seaven able and discreet men, who by this
Order haue power giuen the, and are required to take the comon
lands belonging to ech of the seu^'ail Townes respectiuely, into
serious and sadde consideratio, and after a through disgesting
of their owne thoughts, sett downe vnder their hands in what
w^ay the said lands may in their judgement be best improued for
the comon good. And whatsoeu"" is so decreed & determined
by the said 7 men in ech Towne, or any fiue of the, conserne-
ing the way of improuement of any such lands, shall be at-
tended by all such pi"sons that haue any p^priety or interest in
any lands that shall be so iudged by the said Comittee.
And whereas also, much damage hath risen not only fro the
vnrulynes of some kynd of Cattell but also fro the weaknesse
& insufficiency of many fences, whereby much variance and^
difference hath followed, w^^ if not p^^uented for the future
may be very p'iudiciall to the publique peace ; It is therefore
likewise Ordered, that the said 7 men soe chosen, or at lest 5
of the, shall sett downe what fences are to be made in any
Comon grownds, and after they are made to cause the same to
be vewed, and to sett such fynes as they iudge meet vppon any
as shall neglect or not duly attend their Order therein. And
when fences are made and judged sufficient by the, whatsoeur
damage is done by hoggs or any other cattle shall be paid by
the owners of the said cattle, w^hout any gaynesaying or releife
by Repleivy or otherwise. And the seui'all Townes shall haue
liberty once euery yeare to alter any 3 of the former 7, and to
make choyse of others in their roome : It being p^uided that
any p^ticuler man or men shall haue liberty to inclose any of
their pi'ticuler grownds, and improue the according to their
owne discretio by mutuall agreement, notw^^standing this
Order.
[118] [A Pi'TICULER CoURTE.*]
John Heynes Esq"", Gou"".
Ed : Hopkins Esq^ Dep.
* The date is not given.
10*
102 PUBLICRECORDS
George Willis Esq"", Mr. Webster, Mr. Whiting, Mr.
Welles, Capten Mason, Mr. Woolcott.
The Jury : — Ed : Stebbin, John Edwards, John Stadder,
John Cattell, John Wastoll, John Byssell, Water Fyler,
John More, Henry Woolcott, Will' Wadsworth, Andrew
Bacon, Will' Gybbins.
Henry Woolcott pi. ag* Bray Rocester def^ in an ac. of the
Case, to the damage of 5Z.
John Dymon pi. ag* Tho : Gunne def^ in an ac. of tres-
passe for Fals Imprisonment.
John Dymon pi. ag* Edward Presson defS in an ac. of the
Case to the damage of vij/.
Ed : Presson pi. agt Will' Perwidge deft, ii^ an ac. of the
Case to the damage of x/.
Tho : Steynton pi. agt Tho : Crump deft, in an ac. of
Slaunder.
Jaruis Mudgge
Nath : & Eliz : Willet pi. agt Benedict Alueret deft, in an
ac. of debt to the damage of 12/.
Math : Allen pi. agt Tho : Steynton deft, in an ac. of the
Case, 28s. damage.
Mr. Will' Whiteing pi. agt Tho : Bassett defend in an ac,
of the Case to the damage of yI. \Qs.
Mr. Will' Whiting pi. against Dauid Wilton deft, in an ac,
of the Case to the damage of hd.
In the ac. of Math: Allen pi. agt Tho: Steynton deft, the
Jury find for the pi. damages 28s. & Costs of Court. Execu-
tion graunted.
In the ac. of Willia Whiteing pi. agt Tho : Basset deft, the
Jury find for the pi. dainages bl. and Costs of Court.
In the ac. of Nath : & Eliz : Willet pi. agt Benedict Alueret
deft, the Jury find for the pi. damages 5/. & 2d. and Costs of
Court.
Tho : Hurlbut his fyne is respited, vppon Peter Bassakers
tryall to make nayles wt^ less losse and at as cheape a rate,
then he is to duble the fyne, otherwise to be quit.
OF CONNECTICUT. 103
The Jury find that John Ewe, by misaduenture, was the
cause of the death of Tho : Scott.
The said John Ewe is fyned to pay fine pownd to the Country
and ten pownd to the Wyddowe Scotte.
[119] The Court of Election, Aprill, 1644.
Edward Hopkins Esq"", Goui'.
John Heynes Esq^, Dep.
George Fenwicke Esq^, George Willis Esqr, Roger Lud-
lowe Esqr, Mr. Webster, Mr. Whiting Tres\, Mr.
Welles Sec, Capten Mason, Mr. Woolcott, Mr, Swayne-
Mr. Steele, Mr. Talcoat, Mr. Westwood, Andrew
Bacon, Mr. Trott, James Boosy, Nath : Foote, Sa :
Smith, Mr. Hill, Mr. Hull, Mr. Gaylard, Tho : Ford.
Vppon the petition of Benedict Alfford for reliefe ag* the
verdict giuen in by the Jury at the sute of Nath : Willet pL
It is Ordered, that judg*^ shall be respited till the Court put an
issue thereto.
Its the appi^hension of the Court that the damages & Costs of
Court mentioned in the petition of Benedict Alford, that yt
shall be layd vppon Marshfields estate, by the p^'portion of other
creditors, and what that falls short shall be borne by the said
Benedict & Mr. Woolcott & Nath: Willet by equall p^portions.
The Courts adioyrned to the second Thursday in May.
May the ixth, 1644.
The Court is adioyrned vntill Munday, the third of June,
eight of the clocke, vnder the penalty of 2.<f. vie/, eu^ default.
June the 3, 1644.
Whereas many strayngers & passengers that vppon occation
haue recourse to these Townes, and are streightened for waint
of entertainment. It is now Ordered, that these seuerall
Townes shall p''uide amongst theselues in ech Towne one suffi-
cient inhabitant to keepe an Ordinary, for pmisio and lodgeing in
some comfortable manner, that such passengers or strayngers
104 PUBLIC RECORDS
may know where to resorte ; and such inhabitants as by the
seuerall Townes shall be chosen for the said searuice shall be
prsented to two Magistrats, that they may be judged meet for
that imployment, and this to be effected by the severall Townes
w^'iin one month, under the penalty of 40s. a month, ech month
ether Towne shall neglect yt.
Whereas many differences arise about dresseing and meas-
uring of Corne, betwixt the buyer and seller, It is now ordered,
that the sealer of the measures in exi^j Towne shall keep a stan-
dard whereunto the buyer may resort ; and the said measurer
hath power, and is appoynted by the Court to determine and
issue the differences that may arise both in respect of the
measur and also the dresseing & cleanes of the grayne. The
mesurer to be paid by the guilty p^'ty.
[120] The Court adiorned to the last July, (x a clock) vnles
the Gou^ see cause to call yt sooner.
Its Ordered that the two Peeces that came fro Piscataq' shall
be purchased for the vse of the Country ; the Gouernour and
Deputy are desiered to contract w*^ the owners for the.
Whereas by reson of the badnes and rottennes of much
yarne and other defects that fall out in the ordering of yt, both
lynnen and woollen, many weauers are discouridged to goe on
in their trade. It is therefore Ordered, that two experienced
men shall be chosen in ech Towne who shall haue power to
judge and determine the price or rate that any weauer in the
said Towne shall receau^e by the yard for such yarne, who shall
vewe and make tryall thereof, vppon complaynt made vnto
the ; and whereas they are many tymes much hindred by seeke-
ing for their pay, they are now to retayne their worke in their
custody vntill they receaue their pay for yt. Joseph Magott &
George Graues are chosen for Hartford, Will' Gaylard & Eld-
weed Pomry for Wyndsor.
The Gouer^ and Mr. Fenwicke are desiered and chosen by
the Court to be Comissioners for this Jurisdiction, to agitate
such businesses as shall fall out to be attended in behalfe of the
Combinatio, the next meeting in September and for the yeare
following.
Mr. Sti ele, Andrewe Bacon & James Boosy are to order 6c
OF CONNECTICUT, 105
appoynt some conuenient howse in Hartford, for the comly and
sutable meeteing of the Comissioners in September next, where-
in they may agitate the affaires of the Combination.
(Whereas many stubborne, refrectary and discontented sear-
uants and app^ntices wt'idrawe themselues fro their masters
searuices, to improue their tyme to their owne aduantage ; for
the p^uenting whereof. It is Ordered, that whatsoeuer searuant
or apprentice shall heareafter offend in that kynd, before their
couenants or terme of searuice are expiered, shall searue their
said Masters, as they shall be appi'hended or retayned the treble
terme, or threefold tyme of their absence in such kynd.
For the p^uenting of differences that may arise in makeing
or setting downe of Fences, as well in meadowe as vpland. It is
Ordered, that in the setting posts and rayles or hedges, in the
meadowes and homelotts, there shall be a liberty for ether p^ty
of 12 inches fro the diuident lyne, for breakeing of the grownd
to sett the posts, or for the laying on the hedge, but the staks
and posts are to be sett in the diuiding lyne ; and in vpland
there is alowed a liberty of fower foote for a ditch, fro the
diuiding lyne, for ether of the bordering p^tyes where the p^por-
tio of fence belongs vnto the.
[121] The Gou^ is desiered to returne an answere to the
Towns of Stratford and Vncocoaue, of Mr. Ludlowe his letter
conserneing his pi'positions made to the Court about the manner
of Rateing & his chardges for Country imployment.
It is Ordered, that whosoeuer arests or retaynes any mans
goods by way of Attachment or Repliuy, shall put in good
security to prosecute the sute w^'nn conuenient tyme, and to
pay what damages shall arise vppon his neglect or not makeing
good his action, and shall pay xijc?. for the attachment or repliuy
& vie?, for his recognizance or bond.
Also, no Magistrate shall graunte any warrant conserneing
pfsonall actions, but the demaunder thereof shall pay 4c?. for yt.
Also, there shall be 2s. rid. payd for the Recording euery
Will and Inuentory that is vnder the soine of 40?. and iijs. 4d.
if aboue 40/.
It is Ordered, that the Towne Clarkes or Registers in the
seuerall Townes within this Jurisdiction, shall ech of them
keepe a record of the day of mariedge of euery prson hereafter
106 PUBLIC RECORDS
maried wthin theire libertyes, and of the day of the birth of
euery child hereafter borne, to who the parent of the child shall
wt^in three dayes after the birth of his child certifie the day of
the childs birth, and to who euery man that shall be maried
shall w^i^in three dayes after his mariedge certifie his mariedge
day, vnder the penalty of 55. euery default. The said Register
is to receaue vi^. for recording the day of mariedge & ii^. for
recording the birth of the child.
It is Ordered, that no Inhabitant wthin these libertyes shall ,
suffer any Indean or Indeans to com into their bowses, except
the Magistrats or Traders, who may admitte of a Sachem if he
com not wti» aboue 4 men ; Only Vncus who hath bine a fryend
to the Englishe may com w*^ 20 and his brother w*^ 10.
The Order of the 8*^1 of Septeber, 1642, conserneing trading
wth Indeans, is repealed.
Whereas Mr. Mathew Allen hath presented severall peticons
to this Court for releefe against the Church of Hartford, in
regard of his censure of excommunicacon, wherein he affirmes
he hath beene wronged by the sayd Church ; It was the iudg-
ment of the Court that the sayd AUyn by his peticons and ex-
pressions in Court concerning the sayd businesse, hath layd an
accusation vppon the Church of Hartford, and that he ought
to bring into the Court the pi"ticulars of his accusation, that the
Church of Hartford may giue answere thereunto.
[122] June the vi^h, 1644.
Ed : Hopkins Esq"".
Jo : Heynes Esqi", Dep.
George Willis Esq"", Mr. Webster, Mr. Whiting, Mr
Welles, Capten Mason, Mr. Woolcott.
The Jury. — Nath: Waird, Jo: White, Wm. Pantry, Rich
Gudman, Mr. Olister, Mr. Chester, Jo: Demon, Tho
Tracy, Roger Willias, Walter Fyler, John Taylor, Tho
Boscom.
Clement Chaplin pi. againste Henry Smith and Samuell Smith
defts, in an action of the Case. The pi. appeareth not.
OF CONNECTICUT. 107
Math: Allen plan*, against Will' Lewis defS in an ac. of the
Case, to the damage of 14/.
Will' Whiting pi. ag* Dauid Wilton defS in an action of the
Case, to the damage of xZ.
George Steele pi. ag* John Carrington defS in an action of
the Case.
Nath : Willet pi. agt Will' Edwards deft, in an ac. of debt.
Will' Perwydge pi. agt Math: Allen deft, in an ac. of the
Case.
Robert Howard pi. as attorny to Ed: Welles agt Will'
Edwards, deft, in an ac. of debt.
Will' Edwards pi.
Daniell Frost
1. Will' Lewis pi. agt Mathew Allen deft, in an ac of the
Case.
Tho: Osmore pi. agt John Plmii deft.
2. Will'. Lewis pi. agt Math: Allen def', in a 2^ action of
the Case.
Mr. Woolcot pi. agt Tho : Marshefield deft, in an ac. of the
Case to the damage of 43/. Execution graunted.
In the ac. of Clement Chaplin pi. agt Henry Smith &, Sam-
uell Smith deft^, the Jury find for the deft^, costs of the Courts.
One witnesse.
In the ac. of Mathew Allen pi. agt Wm. Lewis defent, the
Jury find for the pi. that the deft jg to pay rent according to
his bargen wth Will' Cornewell, as he was to pay, for the
prportion of land he holds, for the terme of three yeres & a
halfe paste, and 20^. 4d. costs.
In the action of Will' Whiteing pi. agt Dauid Wilton deft,
the Jury find for the pi. the deft jg to returne the steere, and
costs of Court 8s. y'ld.
In the ac. of Will' Perwydge pi. agt Math: Allen deft, Mr.
Styles and Will' Pantry are the Arbitrators chosen to value the
worke according to their last agreement; & w" Wm. Perwydge
hath giuen security to pi'form the bargen, Math: Allen is to
satisfie for the worke as the Arbitrators shall award.
[123] In the ac. of Robert Howard pi. agt Wm. Edwards
deft, the Jury find for the deft, xis. vie?. Costs.
108 PUBLICRECORDS
In the ac. of Tho: Osmore pi. ag* John Plum def^^ the Jury
find for the pi. fiue pownd fiue shillings dainages & costs of
Court.
The actions of Will' Lewis pi. agt Math: Allen defS are
referred to arbitriment of John White & John Taylor.
In the ac. of Henry Woolcott pi. against Tho : Marshefield
deft, the Jury find for the pi. 25/. xs. dainages & costs of Court.
John Pratt is freed fro watching, according to the p^'mise of
the Generall Court.
John Styles is fyned, 2s. y'ld. John Sadler is fyned, 5s.
Tho: Watts, for trayneing w^^ a peece chardged, is fyned 20s.
Peter Blachfield is fyned 5s.
Vppon the further euidence that Tho : Steynton hath brought
into the Court conserneing a late sute pi^esented ag* him by
Math: Allen pL, execution is respited vntill the next Court.
The p^ticuler Court is to be held the first Thursday in August
Benedictus Aluerd acknowledgeth himselfe bound in a recog-
nizance ofx/. to the Country, pi'uided if in conuenient tyme he
pi"secute the sute vppon an attach* he hath taken ag* the goods
of John Cooke or answer such damages as may vppon his neg-
lect or not makeing good the action, then this to be voyd.
Tho: Welles.
The 7 men who haue power to Order Fences and sett penal-
tyes, haue the like power to graunt execution vppon the forfeture
thereof.
July the 4^^, 1644.
Mr. Hill is desiered to assist the Gou'" and Deputy to audicte
the Tresurers accoumpte.
There is a Rate of 1 00/. graunted to be leuied vppon the
three Townes.
[124] August the first, 1644,
Ed : Hopkins Esq^, Gou^
Mr. Webster, Mr. Whiting, Mr. Welles, Mr. Woolcott,
OP CONNECTICUT. 109
The Jury.— Mr. Parke, Mr. Cullicke, Jo: Barnard, Will:
Gybbins, Rich: Lord, Mr. Chester, Frances Norton,
Sa: Smith, John Byssell, Rob: Wynchell, Tho: Buck-
land, Tho: Ford ; Jur.
John Demon pi. agt Ed: Preston, in an actio of the Case, 20
bushi of Ry & 10s. damages.
Ephra Huit pi. agt Walter Fyler deft, in the behalfe of the
Towne of Wyndsor, in an ac. of the Case.
Richard Mylls pi. agt Willi Combstocke & John Sadler
defts, in an ac. of Slaunder to the damage of 200/.
Rich: Mills pi. agt James Norton deft, in ^n ac. of debte to
the damage of 20/.
Mr. Wm. Whiting pi. agt James Whatly deft, in an ac. of
the Case to the damage of 4/.
James Whatly pi. agt Tho: Osmore deft, in an ac. of the
Case.
James Whatly pi. agt Tho: Ketling deft, in an ac. of Slaun-
der to the dainage of 5/.
In the ac. of John Robins pi. agt Nath: Foote deft, the Jury
find for the deft costs of Court.
In the ac. of John Robins pi. agt Rich: Beldon deft, the Jury
find for the pi. dainages 5/. according to the Arbitribers, leaue-
ing the former damages to be issued by the Arbitrators, and
costs of Court.
In the ac. of Nath: Foote pi. agt Robert Rose deft, tj^g j^y
find for the pi. damages xiid. and costs of Court.
In the ac. of John Demon pi. agt £d: Preston deft, the Jury
find for the pi. 20 bush, of Ry & 10s. dainages & costs of Court.
In the ac. of Mr. Whiteing pi. agt James Whately deft, the
Jury find for the pi. darnages 3/. IGs. country pay, or 3/. mony,
and costs of Court.
In the ac. of Ephra Huit pi. agt Walter Fyler deft, the Jury
find for the pi. the land he sued for & costs of Court.
[125] In the action of James Whatly pi. agt Tho: Ketling
defent, the Jury find for the pi. 13s. id. damages and costs of
Court. Execution graunted.
11
110 public records
[126] Sept. the * 1644.
Edward Hopkins Esq^, Gour.
Jo: Heynes, Esq^", Dep.
George Willis Esq', Mr. Webster, Mr. Welles, Mr.
Woolcott.
The Jury. — Nath: Foote, Nath: Dickinson, Tho: VfFoote,
John Elson, Rich: Webb, Will' Rescue, Tho: Osmor,
Rich: Butler, Joseph Loonies, Franc: Styles, Tho: Dewe,
Tho: Orton ; Jur.
Nath: Wylled plan* ag* Will' Edwards def^ in an action of
debt.
James Whatly pi. ag^ John Lattimore deft, i^ ^^ ac. of Slaun-
der.
James Whatly pi. ag*^ Tho: Osmor deft, in an ac. of the Case.
James Whately pi. agt Richard Harris defS in an ac. of
slaunder.
Will' Perwidge pi.
Math: Beckwith & Tho: Hungerford pi. agt Will' Edwards
deft, in an ac. of slaunder.
Tho: Steynton pi. ag* Math: Allen deft, jn an actio of the
Case.
John Lattirnor to pay 5s. damages to James Wakely.
Rich: Mylls to pay 55. damages to James Northu.
The Inuentory of John Cattell was brought into the Court &
by Will' Gybbins & his wyddowe to administer.
James Hallet, for his thefte, is adiudged to restore fowerfold
for what shall be proued before Capten Mason & Mr. Woolcott,
and to be branden in the hand, the next Trayneing day at
Wyndsor.
In the ac. of James Whatly pi. agt Richard Harrison, the
Jury find for the pi. vi^. damages & costs of sute.
In the ac. of Math: Beckwith & Tho: Hungerford pi. ag*-
Will' Edwards deft, the Jury find for the pi. damages 20s. &
costs of Court.
Blank in the original.
of connecticut. hi
[128] September the 12*^^, 1644.
John Heynes Esq^, Dep. Gou"".
George Willis Esq^ Mr. Webster, Mr. Whiteing, Mr.
Welles, Mr. Woolcott, Capten Mason.
Deputies : — Mr. Steele, Mr. Talcoate, Mr. Westwood, Mr.
Cullicke, Mr. Hill, Mr. Hull, Mr. Gaylard, Henry Clarke,
Mr. Trott, Mr. Clyster, James Boosy, Samuell Smith.
The Court is adioyrned to the 25th of this month, after the
lecture.
Mathew Maruen pi. ag* Peter Bassaker.
The PrTicuLER Court, the 24*^ of October, 1644.
Ed: Hopkins Esq^ Gou',
Jo: Heynes Esq^, Dep.
George Willis Esq^ Mr. Webster, Mr. Welles.
The Jury. — Henry Woolcott, Jo: More, Dauid Wilton,
Tho: Gunne, Richard Wascote, Joseph Magott, Will'
Lewes, Tymothy Standly, Tho: Coleman, Will' Palmer,
Jo: Stadder, Jo: Wastall.
In the action of James Whatly pi. ag* Tho: Osmore defen*,
the Jury find for the pi. damages 4l. 12s. and costs of Court.
Execution graunted.
The Generall Court, the 25^^ of October, 1644.
Whereas, Mr. Mathew Allen of Hartford formerly p^sented a
petition to the Court, wherein he chardged the Church of Hart-
ford to doe him wrong, the W^ he was to haue p^'ued in Court,
but hath neglected to make yt appeare. It is now Ordered, that
he shall haue a coppy of the answer formerly giuen to the peti-
tion now sent to him, and be required to bring in his answer
thereunto & giue yt in Court the 27*^ of Noueber, and also an-
swer his former contempt.
It is agreed that the p^positions concerneing the maynten-
aunce of mynisters, made by the Coinissioners of the Vnited
112 PUBLIC RECORDS
Collonies, shall stand as an Order for this Jurisdiction, to be exe-
cuted accordingly where there shall be cause.*
[129] The prpositions conserneing the mayntenaunce of scol-
lers at Cambridge, made by the said Comissio" is confirmed,
and It is Ordered that 2 men shalbe appoynted in euery Towne
w^'un this Jurisdiction, who shall demaund what euery family
will giue, and the same to be gathered and brought into some
roome, in March ; and this to continue yearely as yt shalbe
considered by the Comissioi's.-j- The p^'sons to demand what
will be giuen are
For Hartford, Nathaniell Waird and Ed: Stebbing.
(to gather yt, Rich: Fellowes, Tho: Woodford. )
For Wyndsor, Will' Gaylard, Henry Clarke.
For Wethersfield, Mr. Trott, Mr. Wells.
For Stratford, Will' Judson, Jo: Hurd.
For Vncowaue, Jehue Burre, Ephraim Wheeler.
For Southampton,J Mr. More, & Robert Band.
* " Whereas the most considerable prsons in these colonyes came into these parts of America
that they might inioye Christ in his ordinances, w'hout disturbance ; And whereas among many
other precious mercyes, the ordinances are & haue beene dispensed among us w"* much purity
& power, The Commissioners tooke it into serious consideracon, how some due mayntenance
according to God might be p''uided & setled, both for the present and future, for the encouradg-
ment of the Ministers whoe labour therein, & concluded to p'pound & commend it to each
Geni^all Court, that those that are taught in the word in the seu''all Plantacons be called together,
that eu''ie man voluntarily set downe what he is willing to alowe to that end & vse ; and if any
man refuse to pay a meet pi'portion, that then he be rated by authority in some iust & equall
way ; and if after this any man withhould or delay due paym' the civill power to be exercised
as in other iust debts." [Records of IT. Colonies, Sept. 5, 1C44.]
t This " proposition of a geni'all contribution for the mayntenance of poore schollers at the
Colledge at Cambridge" was presented to the Commissioners, at their meeting in September,
1644, by the Rev. Mr. Bhepard, — " and fully approved by them, & agreed to be commended to
the seu^iU gen''all Courts as a matter worthy of due consideracon & enterteinm' for the ad-
vancement of learning, w*^'' we hope will be chearfully embraced." Mr. Shepard, after request-
ing the Commissioners to consider "some way of comfortable mayntenance for that Schoole of
the Prophets w>:i> now is," suggests that " If therefore it were commended by you, & left to the
freedome of cu'ie family w'='' is able & willing to giue, throughout the Plantacons, to give yearly
but the fourth part of a bushell of come or something equivalent thereunto, — and f<jr this end,
if eu''ie Minister were desired to stirre up the hearts of the people once in the fittest season of
ye yeare, to be freely enlarged therein, & one or two faithfull men appointed in each Towne, to
receaue & seasonably to send in what shall be thus giuen by them, — It is conceaued that as
noe man could fcele any grievance hereby, soe it would be a blessed meanes of comfortable
p''vision for the dyct of dyuers such students as may stand in neede of some support, & be
thought meet & worthy to be contynued a fit season therein." [Rec. of U. Col., Sept 1644.]
i Southampton had been received under the Jurisdiction of Connecticut, not long previous to
this time, with the approval of the Commissioners of the U. Colonies. See copy of the Articles
of Combination, in Appendix, No. IL
OF CONNECTICUT, 113
The pi'positions of the Comissiors concerneing a generall In-
dean trade (except corne, fishe and venison) is also approued
and setled by the Court, vppon the terms therein pi"pounded, if
other Jurisdictions doe the hke.
Also, the said Comissioners Order concerneinfr verdicts is
approued.*
The Gouernour, Deputy, Capten Mason, Mr. Steele, Mr.
Gaylard & James Boosy are desiered to treat w^'^ Mr. Fen-
wicke concerneing the setling of the Rivers mouth, to know
vppon what terms we stand w^^^ him in that respecte, and also
to consider what they thinke meet to be done for matter of
Fortificatio there, and to take the first op^tunity they can for
the issueing of yt, and to determine and conclud w^^ him as
they shall judge meete.
It is Ordered, that all p^'sons hereafter comitted vppon delin-
quency shall beare the chardges the Country shall be att in the
pi^secutio of the.
Its Ordered, there shalbe a publike day of thanksgiueing
through this Jurisdiction, vppon Wensday com fortnight.
Its Ordered, that all Collectors and gatherers of Rates, shall
appoynt a day & place and giue resonable warneing to the In-
habitants to bring in their pi'portions, vppon w<=h every man so
warned shall duely attend to bring in his rate, or vppon neg-
lecte thereof shall forfeit 2^?. in the shilling for what he falls
shorte, and the said Collector shall haue authority hereby to
distreyne the delinquents, or be accoumptable thcselues for the
rates & penaltyes so neglected by the.
There is a Rate of 10/. to be added to the former of 140/.
[130] Whereas yt is obsearued that the Dutch and French doe
sell and trade to the Indeans, guns, pistolls and warlike instru-
ments, It is now Ordered,! that no prson wt^in these libertyes
* "There being a question p''pounded of what esteeme &. force a verdict or sentence of any
one Court w'''in the Colonyes, ought to be of in the Court of another Jurisdiction, The Com-
missioners well weighing the same, thought (it to commend it to the seu'all Gen'all Courts, that
euery such verdict or sentence may have a due respect in any other Court tlirough the Colonyes,
where occasion may be to make use of it, & that it be accounted good euidence for the Plain-
tife, vntill eyther better evidence or some other iust cause appeare to alter or make the same
voyd ; &. that in such case, the issuing of the cause in question be respited for some convenient
tyme, that the Court may be advised with, where the verdict or sentence first passed." [Rec. of
U. Col.J
\ " And it is commended to the serious coiisideracon of the seurall juriFdictions, whether it be
be not expedient & necessary to p'liibit the selling of the aforesayd aniuiunicon either to
114 PUBLIC RECORDS
shall at any tyme hereafter sell nether gun nor pistoll nor any
Instrument of warre, nether to Dutch nor Fn nch men, vnder
the penalty of forfeting twenty for one, and suffering such fur-
ther corporall punishement as the Court shall inflicte.
A Generall Court, Nouebt the IS^h, 1644.
Edward Hopkins Esq'', Gc.
Jo: Heynes Esq'', Dep.
George Willis Esq"-, Mr. Webster, Mr. Whiteing, Mr.
Welles, Capten Mason, Mr. Woolcotte.
Mr. Steele, Mr. Talcote, Mr. Westwood, Mr. Cullicke,
Mr. Trotte, Mr. Oyllister, Samuell Smith, James Boosy,
Mr. Hill, Mr. Hull, Mr. Gaylard, Mr. Clarke.
Richard Lyman hath the like liberty, w^h John Tynker and his
prtners, for the making pitch and tarre, p^'uided they gather not
their wood w^hin halfe a myle one of another, and that what-
soeuer wood is or shall be gathered for that vse be imp^ued
wti^in three months after the gathering.
A P'^ticuler Court the first Thursday in Deccbee.
Ed: Hopkins Esq"", Go^.
Jo: Heynes Esq^, Dep.
Mr. Webster, Mr. Whiting, Capten Mason, Mr. Welles,
Mr. Woolcotte.
• The Jury: — John Porter, Walter Filer, Aron Cooke,
Math: Sention, Nath: Dickenson, Jo: Demon, Will:
Smith, Jo: Notte, Will: Pantry, Ed: Stebbin, Jo:
White, Jo: Watson.
Tho: Steynton pit, against Math: Allen deft.
Rich: Mylls plS agt Will' Comstocke deft.
Mathew Allen plantife, agt Tho: Hollibut deft.
Will' Hill pit, agt Peter Bassaker deft.
French or Dutch, or to any other that doe comonly trade the same w"' Indians." [Records of
U. Col., Sept. 1644.]
OF CONNECTICUT. 115
Henry Densloe pi. agt Jaruis Mudge defS in an ac. of Slaun-
der.
Math: Allen pi. agt Peter Bassaker defend
[131] An executio to be graunted agt Tho: Osmore, at Ja:
Whatly his sute, Jo: Barnard, 3/. 6s. 8d.
Will' Edwards pi. agt Peter Bassaker defS in an ac. of debt
to the damage of 3/.
In the actio of slaunder by Henry Densloe pi. ag*^ Jaruis
Mudgge defS the Jury find for the deft costs of Court.
Mr. Trott & Nath: Dickinson vndertake that Carrington
shall appeare w^ the Court or the Gou"" shall call for him.
Mr. Ollister & Jo: Edwards vndertake that Robert Bedle
shall appeare at the Court at Hartford, uppon Thursday next.
Dec the xi^h, 1644.
Mr. Heynes & Mr. Willis are desiered to consider of the
estate of Nath: Foote deceased, and to take in what helpe
they please fro any of the neighbours to aduise how yt may be
disposed of and to report their app^hensions to the next Court.
Mr. Webster & Mr. Whiteing & Mr. Woolcot are desiered
to see an equall deuision made of Marshfields estate to the
seuerall creditors.
Tho: Walston is fyned 20s. for inuegling the affections of
Mr. Alcocks mayde.
Dauid Wilton and Daniell Clarke are admitted executors to
the will of Ephraim Huit. Mrs. Huit p^miseth that if the
goods sett apart for the dischardge of debts fall short, that shee
will resigne such other goods as are comitted to her, to make yt
out.
Robert Bedle is adiudged to restore double for the seuerall
thefts acknowledged by him, and to be seuerly whipped and
branded in the hand vppo Wensday next.
Ed : Hampson for diuulging slaunderus speeches agt Mr.
Chester, is fyned fine pownd to the Country.
In the absence of the officer of the Court, the Constable may
searue executions.
Bedle stole fro Mr. Blakman, of gunpowder, ij pownd ; Fro
wydowe Foote, of Rye, iiij bush ; Fro Tho: Welles, 2 sacks ;
Fro Rich: My lis, 1 blanket; Fro Tho: Tracy, 1 sacke.
116 PUBLIC RECORDS
[132] A Generall Court, the xith of DEcesER, [1644.]
Ed: Hopkins Esq', Go>-.
Jo: Heynes Esq^ Dep.
Mr. Webster, Capten Mason, Mr. Welles, Mr. Woolcott.
Mr, Steele, Mr. Talcoate, Mr. Cullicke, Mr. Westwood,
Mr. Hill, Mr. Hull, Mr. Trott, James Boosy, Sa: Smith.
Whereas through the blessing of the Lord vppo the payne-
full endeauors of these Plantations, incouridgement hath bine
giuen for the rayseing some quantity of corne, whereunto many
haue addicted theselues vppon hopes of receaueing some com-
fortable supply to their necessityes thereby ; But p"'tely through
waint of op'^tunity and fitte instruments to transport the same
into forraigne p'^ts, and partly the aduantages that haue bine
taken fro the multitude of sellers and their pinching necessityes,
the rate and price of corne is so little and the comodity so vn-
auaylable for the attaynement of such supplyes as are most
sutable to mens needs, that much discouridgement falls vppon
the spirits of men in such imployments, w^h is like to be more
and more increased if some course be not taken for the finding
some other way of trade for corne then hath bine hitherto at-
tended, whereunto not only our owne necessityes call vs, but
the complaints of the other CoUonyes, both of the Masachu-
setts and Plyihoth, by their Comissioners, who looke vppon the-
selues as much pi'iudiced by our ouerfilling their marketts, require
the same at our hands ; It is therefore, by generall consent,
Ordered, and also agreed w^^ the p^tyes hereafter mentioned,
that noe Englishe grayne shall for the two next yeres ensueing
be sould to any out of this Riuer, but Edward Hopkins Esq"^
and Mr. Willia Whiteing and such other Marchants as they
shall take to the, who do vndertake to endeauor the transpor-
tatio thereof into some p^ts beyond the seas, and to make such
improuement of the rest as op^'tunity of these p^'ts shall p^sent,
and to pay to the seuerall owners 4.s. p' bush, for wheat, 35. p""
bush, for Rye, and 3s. p^ bush, for pease ; and it is pJ'uided that
halfe of that w^h is transported this p^'sent yere, if yt be sent
into England, the aduenture thereof, in case the ship be taken
or otherwise miscary, shall be borne by the owners thereof; the
payment for the said corne to be made by the said Marches at
OF CONNECTICUT. 117
the returne of the shippe, or so soone as returns may any other-
way be made, and to be paid in the best and most sutable Eng-
hshe comodityes that may be p^cured for the necessary support
of these plantations ; they are not to receaue fro, nor be ac-
coumptable to, any owner, vnder a 100 bush. And it is by
general! consent Ordered, that whosoever vppon this Riuer
shall sell or send out any Englishe corne, vnles such as shall
appeare at this p^sent tyme to be truly and w^^iout deceipte in-
gaged, but to the foresaid company of Marches, shall forfeit the
one halfe of such graine so sould or sent out contrary to the
true meaneing of this Order ; and halfe of the graine so for-
feted shall be to the p^pr vse and behalfe of he or they that shall
discouer the same deceipte, and the other halfe to the Country :
pi'uided that any the Inhabitants of these Plantations may sell
or exchaynge the said Englishe graine among theselves notwi^ii-
standing this Order.
[133] * In the absence of the Officer of the Court, the Con-
stable of the Towne shall searue Executions.
Ed : Harnson for diuulgeing slaunderous speeches ag^ Mr.
Chester is fyned 5/. to the Country.
William Phillips pi. agt Tho. Waples.
[134] Feb : 5th, i644.
Ed: Hopkins Esq', Go^.
Jo: Heynes Esq"", Dep.
Mr. Whiting, Mr. Webster, Mr. Welles, Capten Mason,
Mr. Woolcott.
Mr. Steele, Mr. Talcoat, Mr. Westwood, Mr. Cullicke,
Mr. Hill, Mr. Hull, Mr. Gaylard, Mr. Clarke, Mr. Ollister,
James Boosy, Sam: Smyth.
Whereas some question hath rysen concerneing vnnessary
tryalls by Jury, and found by experience that many such suts
might be pi'uented if arbitrations were attended in a more pri-
uat way, according to the nature of the differences, w^h is
recomended by the Court to all the Towns of this Gouerment ;
*The two entries following are repeated from^page [131.]
118 PUBLIC RECORDS
And for the regulateing of Juryes for the future, It is Ordered,
that in all cases W^^ are entered vnder 405, the sute shall be
lefte to be tryed by the Court of Magestrats as they shall judge
most agreable to equity & righteousnes; and that in all cases
that are tryed by Juryes, the Court of Magestrats shall haue
liberty, if they doe not conceaue the Jury to haue pi'ceeded
according to their euidence, in their verdict giuen in, to cause
them to returne againe to a second consideration of the case,
and if they continue in their former opinion and doe not in
the judgement of the Court attend the euidence giuen in Court,
it shall be in the power of the Court to impanell another Jury
and comitt the consideration of the case to the.
It is also lefte in the power of the Court, in any case of tryall
to vary and alter the damages giuen in by the Jury, as they
shall judge most equall and righteous.
But if any find theselues agreiued, ether by verdict of Jury,
or pi'ceedings of Court, they haue liberty to apeale to the Gen-
erall Court. It is also left to the magestrats to impanell a Jury
of sixe or twelve, as they shall judge the nature of the case' to
require, but no jury shalbe vnder sixe, and if 4 of the agree, or
8 in a Jury of 12, the verdict shall stand as if the whole nuber
of ether did agree.
It is also Ordered, that the Towns shalbe at liberty to abate
two of the 7 men formerly appoynted for the dispose of grownd
and Ordering of Fences.
The former Order, concerneing the pryses of corne is re-
pealed, and it is Ordered, that for all bargens hereafter made to
be paid in Corne, and for the worke of men and cattle, wheat
shall be payable at 4s. p' bush., rye at 3s., pease att 3s., and
Indean att 2s. rid. pfuided yt be marchantable corne.
For the p^^uenting of differences that may arise in the owne-
ing of Cattle that be lost or stree away, It is Ordered, that the
owners of any Catle w^hin these Plantations shall earemarke or
brand all their Cattle and swyne that are aboue halfe a yeare
old (except horsses) and that they cause their seuerall marks to
be registred in the Towne booke; and whatsoeuer cattle shall
be found vnmarked after the first of May next shall forfeit 5s.
a head, whereof 2s. vie?, to him that discouers yt, and the other
to the Country.
OF CONNECTICUT 119
Whereas yt is expressed in the late bairgen made w^h the
Marchants, that there shalbe noe EngUshe grayne sould out of
this Riuer to any other, It is the judgement of the Court and so
Ordered, that whatsoeuer wheat shalbe grownd into meale or
made into biskett, that all such meale and biskett shall com
[135] vnder the said bairgen, as || also malte made of barly,
pi'uided the said Marchants giue for such molte an answerable
price to other Chapmen.
; Whereas it is said in the fundamentall Order,* that the Gen-
erall Court shall consist of the Gouernour or some on chosen to
moderate and 4 other Magistrats at lest, It is now Ordered and
adiudged to be alawfull Courl, if the Gou'' or Deputy w^h
other Magistrats be p'"sent in Court, w^^ the mayor part of
deputyes lawfully chosen. But no act shall passe or stand for
a law, w^^ is not confirmed both by the mayor part of the said
Magistrats, and by the mayor p^te of the deputyes there pi'sent
in Court, both Magistrats and deputyes being alowed, eyther
of the, a negatiue voate. Also the pi'ticuler Court may be
keepte by the Gouernour or Deputy w*^ f other Magistrats.
Whereas vppon an agreement lately contracted J by some
deputed by this Jurisdiction w^h George Fennicke Esq"", for
and concerneing the Fort att the Riuers mouth, w^h th'apurten-
ances and disbursements expended there by himselfe and others,
this Jurisdictio is ingadged to pay to the said George Fenwicke
Esq"", two pence p^ bush, vppon all graine that shalbe exported
out of this Riuer for tenn yeares ensueing, after the first of
March next, and six pence p"" C^ vppon all biskett that shall in
like manner be exported, as by the said agreeement doth and
may more fully appeare ; For the p^uenting of all abuses and
indirect courses that may be attempted or taken by any in
euadeing the foresaid payment and that the same may be truly
and exactly pi'formed, according to the true intent of the said
agreements. It is Ordered by this Court, that noe grayne or
byskett shalbe laden by any aboard any vessell in this Riuer,
*Page [226] 24.
t In the record of the fundamental Orders as amended, in [Vol. ii. p. ] this blank is
filled with the word three.
t The articles of agreement bear date Dec 5th, 1644. They were not placed upon Record
however, until several years afterward, in [Vol. ii. p. 59.] See Appendix, No. III.
120 PUBLIC RECORDS
vntill they have made entry of the number of the bush, of
grayne and the kynd thereof, and waight of biskett they intend
to lade aboard any such vessell, and recorded the same in a
booke prouided for that end and purpose, w^^ such p^^sons as by
this Order are appoynted to receaue the same, vnder the penal-
ty of forfeting the on halfe of all such grayne or biskett that
shalbe laden wt^out entring of the same as before ; the on halfe
of that w^h is so forfeted, to be to the vse of the Country, and
the other halfe to him who shall discouer the same and informe.
And it is Ordered, that euery man who lades any such grayne
or biskett, shall take care and prouide that there be paid to Mr,
Fenwicke or his assignes att Seabrooke, the two pence p"" bush.
and sixe pence p^" Ct, for all graine and biskett so laden by
them, so neere as may be in the same kynd of graine as is laden
by them, or if otherwise, to the content of him or his assignes ;
the laders of the said corne being lefte notw^^standing, in all
bargains for corne made before this time, to compownd or agree
w^h those fro whom they receaued the corne so sent away, or in
case of difference, to take any other lawfull course to haue the
said chardge of two pence p"" bush, determined vppon who, ac-
cording to the rules of equity and righteousnes, yt ought lastly
[justly ?] to fail, for the payment thereof
And it is further Ordered, that no vessell exporting corne or
byskett, shall depart from any of the seuerall Townes vppon
this Ruier, vntil the M^" thereof, or some fro him, haue taken a
[136] noate vnder the hand of him || that is deputed by this
Court for that searuice in the severall Townes, of what quanti-
ties of corne or biskett is laden aboard the said vessell, W^^
noate or noats shalbe deliuered by him to Mr. Fenwicke, att
Seabrooke, or his assignes, and payment made of the two pence
p' bush, and six pence p"" C* according to this Order, or satisfac-
tion giuen to Mr. Fenwicke or his assignes for the same ; and
in case any Mr shall refuse or neglecte to take the said noate
according to this Order, yt shalbe lawfull for those who haue
the chardge of the Fort att Seabrooke to make stay of the said
vessell vntill the M^, or some fro him, haue brought a noate or
certificate as is before exp^ssed. And in case any such vessell
shall, in a surreptitious manner, gett free att the said Fort,
w^hout a cleare dischardge fro Mr. Fenwicke or his assignes,
OF CONNECTICUT. 121
eyther the vessell or the M>- thereof shalbe liable to pay fower
pence p"^ bush, for all graine and twelue pence p"" C^ for all bis-
kett that is exported wthout deliuery of such noate as is before
exp^ssed, yf eyther the one or the other att any tyme returne
agayne into this Riuer. And in regard to the conueniency of
the sytuation of their bowses, being neere the waterside,
wherby the foresaid Records may be made and noates pi'cured
by those who yt may concerne, w^^ leste troble, Mr. Jo: Plum
is appoynted and desiered to attend this searuice at Wethers-
field, Edward Siebbing att Hartford and Walter Fyler att
Wyndsor.
And whereas further, by virtue of the forementioned agree-
ments, this Jurisdiction is ingaged for the said tearme of tenn
yeares after the first of March next, to pay to the said George
Fenwicke Esquire twelue pence p"" ann'" for euery hogge that
is killed in any of the Townes vppon the Riuer, eyther for mens
pi'ticuler occations or to make sale of, as also twelue pence p""
ann"» for euery milch cowe or mare of 3 yeares old and vpp-
wards, that is in any of the Townes or Farmes vppon this
Riuer, twenty shillings for euery hogshead of Beuer traded out
of this Jurisdiction and paste away dowue the Riuer, two pence
for euery pownd of Beuer traded w^hin the lymitts of the Riuer,
the foresaid payments to be made in Beuer, wampum, wheat,
barly or pease, at the most conion and indifferent rates ; It is by
this Court Ordered, that all the Inhabitants of this Riuer doe
take spetiall notice of the said agreements and doe pay in to
George Fenwicke Esq"", at Seabrooke, or to his assignes, att or
before the first day of March, 1645, and so euery yeare, att or
before the first day of the said month of March, vntill the
tearme of tenn years be expired, such soms as shalbe due from
them vppon any of the foregoing pi'ticulers ; according to the
meaneing of the said agreements, or in case they be respited
by the forementioned pi'sons, who are betrusted wt'i the order-
ing of these payments, for a longer tyme, that they bring in
such payments as shalbe due fro them, to such place or places
as shalbe appoynted to them by fhe said Trustees in ech Towne,
vppon 48 howers warneing or notice eyther publickely or pri-
uatly made knowne and giiien. And if any man shall neglecte
to make the said payments at the tyme and in the manner be-
12
122 PUBLIC RECORDS
fore specified, he shall pay two pence in euery shilling alow-
ance p^ month, vntill the whole due be dischardged, and shall,
vppon his owne chardge, keepe the grayne or other payment to
be made by him, vntill a fitt op^tunity be offered of conueying
the same to Seabrooke, and this signified by the said Trustees.
And it is further prouided and ordered, to p^uent all collusiue
dealeing wherebj- the true meaneing of the said agrements
might be frustrated, that if any man shall conceale eyther hoggs,
mares, cowes or beuer, and not giue true notice to the par-
tyes forementioned and appoynted by this Order to take record
thereof, he shall forfeite the on halfe of what shalbe so concealed
by him, or the value thereof, the on halfe of that w^^ jg go {q^.
feted to be to the vse of the Country, and the other halfe to
[137] him who shall discouer || and informe of any such indi-
recte and deceiptfull proceedings.
It is the intent of the Court, and accordingly Ordered, that
euery man shall pay for such mares and cowes as are in his
hands euery yeare, the first day of February, and those are to be
esteemed milch cowes as haue giuen milke the yeare before.
[138] A P'TicuLER Court, March the 5th, I644.
Ed: Hopkins Esq"", Gou^.
Jo: Heynes Esq"", Dep.
Mr. Webster, Mr. Whiting, Mr. Welles, Cap: Mason,
Mr. Woolcott.
The Jury. Mr. Androwes, Andrewe Bacon, Will' West-
wood, Will' Wodsworth, James Boosy, Sa: Smith, Nath:
Dickenson, Tho: Tracy, John More, Sam: Allen, Dauid
Wilton, Math: Graunt.
Andrewe Bacon and George Graues testifie in Court, that
they being wth Tho: Crumpe when he was sicke, not long be-
fore his death, askeing him how he would dispose of his estate,
he said, his debts being paid, he desiered his master would doe
w*** yt as he pleased. •
Ed: Hopkins Esq^, Go'', is admitted to administer the estate
of Tho: Crumpe, late of Hartford, deceased.
In the action of Ed: Elmor and Nath: Willett plant^ against
OF CONNECTICUT. 123
Rich: Trottdefent, the Jury find for the pl^^ sixpownde, eleauen
shillings and sixe pence damages and costs of Court.
In the action of Tho: Steynton pi. against Math: Allen de-
fen*, the Court haueing hard the witnesses, find that Tho:
Steynton bought and paid for the blanketts lefte by Mr. Aliens
man for Hugh the millwright, and Mr. Allen ought to repay the
mony formerly taken by verdict of the Jury, yet in regard of
Tho: Steyntons formerly prrutorines,*not moueing the Court for
longer tyme, thereby now occationeing further treble and
chardge, the Court adiudgeth Math: Allen to pay to Tho: Steyn-
ton twenty shillings and the chardge of this Court, and the other
chardge and losse to lye vppon Tho: Steynton.
Rich: Lord being conuented before the Court for altering an
execution issued out, his misdemeanor therein is looked vppon
as an offence of a high nature, but conceaueing yt a sudden,
inconsiderat act, and finding him much humbled and affected
therewth, giueing full acknowledgement of his Offence, he is ad-
iudged to pay to the County fine marke.f
Daniell Porter for his former thefte is fyned xx5.
The said Daniell, Willia Pantry & Rich: Lord acknowledge
theselues bownd in the some of ten pownd to the Country ;
pt'uided the said Daniell appeare at the Court to be held at
Hartford, the first Thursday in June next, then this Recogni-
zance to be voyd.
The Court takeing the cariedge of Jeramy Addoms into con-
sideratio, fynd his misdemeanor great, in adhereing to Tho:
Osmor in his misapi^hensions about the execution, and giueing
him incouridgement by pi'uoking speches to resist the officer,
but espetially hispassionat distempered speches, lowd languadge
& vnmannerly cariedge in the face of the Court, to the great
offence of the beholders, Require him to appeare at the next
p^'ticular Court, there to receaue such censure as the Court
shall conceaue his misdemeanour to desearue.
The Arbitration vppon the sute of Tho: Dewye pi. ag^^ Tho:
Ford def', is fownd good, and Tho: Ford is to pay the 36s.
awarded therein and chardges of the Courte.
Peter Bassaker acknowledgeth himselfe bownd in xxl. to the
Country, p^'uided if he appeare at the Court to be held in Hart-
*PereniptorineBs. t A mark = 13s. 4d.
124 .PUBLIC RECORDS
ford, the first Thursday in June next, then this Recognizance
to be voyde.
[139] Susan Coles, for her rebellious cariedge toward her
mistris, is to be sent to the howse of correction and be keept to
hard labour & course dyet, to be brought forth the next lecture
day to be publiquely corrected, and so to be corrected weekely
vntill Order be giuen to the contrary.
Tho: Osmore, for some exp'ssions vsed by [him'] tending to
the derogatio of the justice of the Court vppon an execution
issued out of the Court, is fined vi/. 13s. 4d,
Robert Bedle, for his loathsu and beastly demeanor, is ad-
iudged to be brought forth the next lecture day, to be seuerely
scourdged, and to be keept in the howse of correctio a fort-
night longer, and then brought forth againe to be publiquely
whipped, and then to be bownd to appeare at euery quarter
Court to be whipped, vntill the Court see some reformation in
him, &c shall see cause to release him.
Walter Gray, for his misdemeanor in laboring to inueagle
the affections of 'Mr. Hoockers mayde, is to be publiquely cor-
rected the next lecture day.
The said Walter Gree hath forfeited*
[140] The Court of Election the lO^h of Aprill, 1645.
John Heynes Esq"^, Gouf.
Ed: Hopkins Esqr, Dep.
George Fenwicke Esq^ Mag. Roger Ludlow Esqi",
Mag. Mr. Whiteing, Tres'^, Mag. Capten Mason, Mag.
Mr. Webster, Mag. Mr. Welles, Mag., Seer. Mr. Wool-
cott, Mag.
[Deputyes.] Mr. Steele. Mr. Talcoat, Mr. Trott, Mr.
Ollister, Mr. Phelps, Mr. Gaylard, James Boosy, Sa:
Smith, Tho: Newnton.
John Byssell is freed fro Trayneing.
Freemen ; Robert Bartlet, Rich: Fellowes, John Halls,
Math: Webster, Jo: Welles, Tho: Barbor.
* This entry remains thus incomplete.
OF CONNECTICUT. 125
Whereas yt was Ordered, that the Towns should trayne 6
dayes in the first weeks of seuerall months, It is now Ordered,
that the Capten may require the souldears to trayne 3 dayes att
any tyme w^^in the months of Aprill, May and June, and 3
dayes in Septeber, October & Noueb"".
James Boosy is chosen Clarke of the band for Wethersfield.
Henry Gray of Vncowaue, for his many misdemeanors, is
adiudged to be imprysoned duereing the pleasure of the Court,
and to be fyned ten pownd.
Jehue Burre the elder, and Tho: Barlowes are to be warned
to the next pi'ticuler Court.
There is a lyberty of two Fayres to be keepte yearely att Hart-
ford, one vppon the second Wensday in Maye, the other the
2^ Wensday in Septeber.
Whereas there hath bine much dispute about the highwaye
betweene Wyndsor and Hartford, w^h hath bine lately vsed in
coining through the meadowe of Hartford w*'' carts & horses,
to the anoyance and pi'iudice of the Inhabitants of Hartford
that haue lotts in the said meadowe. It is therefore thought
meete and so Ordered, that the high waye, as for carts, catle
and horsses, be stopped vppe, and that the highwaye betweene
the said Wyndsor and Hartford in the vpland be well and pass-
ably amended & mayntayned for a continuance, by Hartford
as much as belongs to them and by Wyndsor as much as be-
longs to them ; the said highwaye to be amended by ech pi'ty
by sixe weeks or two months, vppon the penulty of twenty shil-
lings pr weeke for that p^y that fayles ether in the whole or in
pne, as long as it soe lyes not sufficiently repaired and mayn-
tayned ; and at the sixe weeks end or two months end, Mr.
Webster and Nath: Waird doe seriously surueye that p^te wci»
belongs to Wyndsor, and that Henry Woolcott the elder and
Jo: Porter doe surueye that p^'te w^ii belongs to Hartford, and
certifie of the sufficiency of the said highwaye, to the next
prticuler Court, who are delinquents, and the penulty to be
leuyed vppon the delinquent p^ty wti^out any fauor or affijction,
both for fayleing att the tyme aforesaid, as also for future the
like penulty vppon the p^sentment of the insufficient mayntayne-
ing thereof.
The Gouernour is content to goe twice this yeare to keepe
12*
126 PUBLIC RECORDS
Court at the seaside (vppon the motion of Mr. Ludlowe, in the
behalfe of the Plantations there,) and hath Hberty to take what
magistrate he pleaseth to assist him ; or in case his occations
will not prmitt him to goe himselfe, he may appoynt some other
in his steed.
The Gour & Deputy w^h Mr. Whiting, Mr. Webster and
Mr. Welles, are desiered to determine and settle any differences
that shall arise about the 2c?. pi^ bush, to be paid for the Corne
that shalbe exported.
The Court is adiorned vntill the 2^ Wensday in Maye.
[141] May the 13th, 1545.
It is desiered that the Gou^, Mr. Deputy, Mr. Fenwicke, Mr.
Whiting and Mr. Welles should agitate the busines concerne-
ing the enlardgement of the libertyes of the Patent for this Ju-
risdiction, and if they see a concurrence of opi'tunityes, both in
regard of England * they haue liberty to pi'ceed
therein, att such resonable chardge as they shall judge meete,
and the Court will take some speedy course for the dischardge
and satisfieing the same, as y t shalbe concluded and certified to
the Court by the said Comittee or the greater p'^te of them.
The Courts adioyrned to the 2*^ Wensday in July, or sooner
if the Gou"" see cause to call vt.
June the 5^^, 1645. The Pi^ticulee Court.
Jo: Heynes Esq"", Gou^".
Ed: Hopkins Esqf, Dep.
Roger Ludlowe EsqJ", Mr. Webster, Capten Mason, Mr.
Welles, Mr. Woolcott.
The Jury. Ed: Stebbing, Leonard Chester, fyned 5s.,
John Robins, fyned 5s., James Boosy, John Demon,
Will:' Gybbins, Nath: Elye, John Willcoxe, Huphry
Pynny, Stephen Terry, Roger Williams, Jo: Banks.
In the action of slaunder of Tho: Sherwood the elder, pi.
agaynst Henry Graye defen', the Jury find for the plan*, costs
of Court and damages twenty pownd.
•This blank in the originaL
OF CONNECTICUT. 127
In the 2^ action of slaunder of Tho: Sherwood the elder, pi.
ag' Henry Graye defend the Jury find for the plant costs of
Court and damages fower pownd.
In the action of slaunder of Tho: Sherwood the elder, pl^e,
agt Jehue Burre the elder, defS the Jury find for the plan*, costs
of Court and damages fifteene pownd.
In the action of Jehue Burre the elder, plan*, ag* Tho: Sher-
wood the elder, defen*, the Jury find for the defend costs of
Court.
[142] Nath: Dickenson and Tho: Coleman are to take a pi'tic-
ular of the estate of Mr. Parks man deceased and bring yt to
the Court ; and for the wages due to him, it may be respited
vntill we heare fro Mr. Parks, or his returne.
Baggett Egleston, for bequething his wife to a young man, is
fyned 20s.
George Tuckye, for his misdemeanor in words to Eglestons
wife, is fyned 40s., and to be bownd to his good behauior and
to appeare the next Court.
Tho: Ford acknowledgeth himselfe to be bownd in xZ. to this
Coinonwelth and George Tucky in 20/., that the said George
shall appeare at the next Court, and keepe good behauior in the
meane season.
The information agt Henry Graye read in Court, is to be in-
quired into by the Magistrats that goe to Stratford, and he to
continue bownd.
Rich: Lord brought Maruins man* into the Court according
to his Recognizance.
Tho: Ford pi. ag^ Josiah Hull and Rich: Oldridge deft^ in an
actio of the Case, to the damage of 30/.
WilUam Edwards pi. ag^ Jonathan Rudde, vppon an attach',
2s. Gd.
Will' Edwards acknowledgeth himselfe bownd in a Recogni-
zance of 5/. to p^secute & make good his actio.
Tho: Staples pi. ag* Clement Chaplin deft.
Rysly agt Watts. Basset agt Tharpe.
Chappell, the Taylar, [ag'] Southmead.
* Daniel Porter. See p. [138] 123.
128 public records
July the 9*^, 1645.
Ed: Hopkins Esqf, Dep.
Mr. Webster, Mr. Whiting, Mr. Welles, Mr. Woolcott.
[Deputyes :]— Mr. Steele, Mr. Talcoate, Mr. Phelps, Mr.
Gaylard, Mr. Trott, Mr. Ollister, James Boosy, Sa:
Smith.
Whereas Mr. Fenwicke, Capten Mason and James Boosy
haue had some treaty w^^ Math: GryfFen, for fortification att
the Forte, who haue reported to the Court how far they haue
pi^ceeded therein, and the Court doth approue of their pi'posi-
tions, and desire they would take some speedy op^'tunity for the
full issueing and p^fecting the said bairgaine, and there is
graunted by the Court a rate of 200/. to be leuied on the Plan-
tations, towards the dischardge thereof; and Mr Talcott is
desiered to assiste the said Comittee therein, and to take care
for the speedy accomplishement thereof, and to p^uide any
necessaryes for the carieing on the same ; the rate is to be paid
in, in such grayne and att such prises as the Comittee shall
agree to alowe the partyes they contracte wt*»all aboute the
worke.
Will' Smith of Wethersfield is chosen Clarke of the band for
that Towne, and to vewe the Arms.
It is Ordered that the Magestrats or the greatest p'^te of the
shall haue liberty if they see cause to pi'sse men and munition
for a defensiue warre, or to defend the Mohegins vntill the next
sitting of this Courte.
There is a Rate of 50/. graunted.
[143] Mr. Fenwicke and Mr. Hopkins are chosen Comission-
ers for the next meeting in September att Newhauen, and for
this yeare following.
Its Ordered, that there shall be a letter directed fro the Court
to desire Mr. Fenwicke, if his occations will pfmitt, to goe for
Ingland to endeauor the enlardgement of Pattent, and to fur-
ther other aduantages for the Country.
of connecticut. 129
The P^ticuler Court. July the x'^^ 1645.
Ed: Hopkins Esq^.
Mr. Webster, Mr. Welles, Mr. Woolcot, Mr. Whiting.
Ruth Fishe, for coihitting fornicatio, is adiudged to be twice
whipped, once here after the first lecture at this Towne & once
at Wethersfield.
Leonard Dyks, who shee accuseth to be the father of the
child, is adiudged to keepe the child, and to be whipped, and
vppon his refusall to submit he is to be sent to the howse of
correction, there to be held to hard labour and course dyet, and
what he can gett aboue the chardge of his dyet is to be keept
toward the mayntenaunce of the child.
John Coltman, for his misdemeanour and vnseemely cariedge
toward Ruth Fishe, and disobeying the Gouernours comaund,
is to be fyned fiue pownd.
Math: Williams, for coinitting fornication w^h Susan Cole, is
adiudged to be twice whipped and to be fyned fiue pownd.
Susan Cole is to be twice whipped, once now and once at the
next lecture.
Mr. Allen is to respite his corne in his hand, (demaunded by
the powndkeepr on the north side at Hartford,) and is to bring
his action the next Court, ag* such whose fences were then open
when his hoggs were impownded.
The laste will & testament of Edward Vere is brought into
the Court.
[144] Sep: 4*^, 1645.
John Heines Esq"", Go^.
Ed: Hopkins Esq'.
Mr. Webster, Capten Mason, Mr. Welles, Mr. Woolcott.
The Jury.— Mr. Cullicke, Jo: White, Tho: Ford, Rich:
Goodma, Nath: Dickenson, Tho: Coleman, Jo: Stadder,
Tho: Hurlbut, Dauid Wilton, Tho: Gunne, Tho: Dewy,
Robert Howard.
In the action of John Robins pi. agt Leonard Chester defend
the Jury find for the defen* the chardges of the Court.
130 PUBLIC RECORDS
In the action of Sam: Gardner pi. against Leonard Chester
deft, the Jury find for the pi. [costs of] Corte.
In the action of Berding pi. against Edwards, Edwards is to
pay Berding fine shillings. 55.
In the action of George Chappell pi. ag* Leonard Chester,
the Jury find for the def* the chardges of the Court.
Bacon pi*.
Will' Colefoxe, for his misdemeanor, is to be fyned xxs.
George Chappell, for abuseing the Constable and excesse in
drinkeing, is to be bownd to his good behauior and to be fined
fiue pownd. 5/.
Will' Brumfield, for drunkenes and strickeing the watchmen,
is to be bownd to his good behauior and fyned fifty shillings.
Mr. Chester, for resisting the Constable and other miscaried-
ges in the Court, is fyned forty shillings. 40s.
James Northa is bownd in 10/., Will' Brumfield in 20l, that
Will' Brumfield keepe good behauior and appeare the next
Court.
Rich: Belding is bownd in xx/., George Chappell in 10/., that
the sd. George keepe good behauior and appeare the next Court.
Sep. xith, 1645. The GewH Court.
Jo: Heines Esqi^, Go"".
Ed: Hopkins Esq', Dep.
Roger Ludlowe Esqf, Mr. Webster, Capten Mason, Mr.
Welles, Mr. Woolcott.
Deputyes ;— Mr. Steele, Mr. Talcoate, Mr. Ollister, Mr.
Trott, Ja: Boosy, Sa: Smith, Mr. Phelps, Mr. Hull, Mr.
Gaylard, Mr. Roceter, Jehu Burre, Will' Berdsly, Tho:
Sherwood.
Mr. Webster is desiered to cause the Constables of Hartford
to bring in a iust accoumpte of all the pniculer and seu'all
chardges of the late warrs,* and for the support of Vncus. Mr.
* Against the Narragansetts and Niantics, for the defence and protection of Uncas and the
Mohegans. This war was determined upon by the Commissioners of the U. Colonies, at a
speciall session in June, 1645, and 300 men were ordered to be raised in the several colonies, of
which number Connecticut was to furnish 40. But the timely submission of Pessacus, Ninegret
OF CONNECTICUT. 131
Roceter to doe the like for Wyndsor, Ja: Boosy for Wethers-
field.
Mr. Whiting is desiered to sell the pmisions, and make pay to
the souldears, and giue accoumpte for the reste.
The pniculer Courte is to be held the 2^ Thursday of the next
month. ^
The Goui" and Mr. Hopkins are desiered to speake or write
to Mr. Fenwicke, that in regard there hath not bine a due ac-
coumpte giuen in of all the corne transported this yeare, and in
regard of some difficultyes by who the pay should be made in
bargains made before this agreement w^h him, that this agree-
ment may not begin vntill the first day of March next; bee. it is
found very inconuenient to stay vessells for the deliuery of the
[145] corne att the Riuers mouth, that he will assent that a || man
may be chosen in ech Towne to rec. and lay vppe such corne
as may be due to him vppon the said bargyne, w^h shalbe in
redines to be sent him att his demaund ; and the Court doth
agree that whoeur doth shippe away corne w^hout glueing due
satisfaction, according to agreement, the whole shalbe forfeted,
■J to him, ^ to him that shall discou'' the fraud, ^ to him that
keepeth the accoumpte of the corne in the Towne where any
such grayne is shipped.
The Court hath Ordered, that 30/. in wheat and pease be paid
to the Gou"", and Indean corne.
It is Ordered, that all the swyne, ether hoggs or shouts, in the
seuerall Plantations, that are keept att home w^^in the Towne,
shall by Aprill next be rynged or yoaked, or kept vppe in their
yards, vnder the penulty of fower pence for euery such swyne,
to be paid by the owner to the p^ty that shall take the swyne so
defectiue and impownd them. Also, all such swyne that are
keept by Heards, in the woods, shall not be suffered to abyde
aboue on night in the Towne, but yt shalbe lawful! to impownd
them in case they com at any tyme home, fro the mydle of
March to the mydle of Nouember. Fayerfield & Stratford
desire to be included in this Order.
The Court is adiorned to Wednesday com 3 weekes.
and their confederates, prevented the further prosecution of hostilities ; and on the 27th of August,
a treaty of peace was signed at Boston, between the Comm'rs and the principal sachems of the
Narragansetts and Niantics. (Records of U. Col., Aug. 1645.)
132 PUBLIC RECORDS
October the viijti^, 1645.
Jo: Heynes Esq)", Go^.
Ed: Hopkins Esq"", Dep.
George Fenwicke Esq^ Mr. Webster, Capten Mason,
Mr. Whiting, Mr. Welles, Mr. Woolcott.
[Deputyes ;]-4lMr. Phelps, Mr. Steele, Mr. Talcoate, Mr.
Roceter, Mr. Trott, Mr. Ollister, Ja: Boosy, Sa: Smith.
Mr. Webster is agayne desiered to call to him the Constables
of Hartford and to gather in a true accoumpte of all the ex-
pence of the last expedition ; James Boosy to doe the like att
Wethersfield w^i» the Constables there, and Mr. Roceter for
Wyndsor ; and when that is done they are to bring the to Mr.
Hopkins, who, w^h Mr. Whiting, Mr. Webster, Mr. Roceter
and the said Ja: Boosy, are to examine the said accoumpts, and
also to cause notice to be giuen in the seu'^all Townes, that
what is due to any fro the Country, in any other respects, be
brought in to the, and to ranke the said debts oweing vnder
seuerall heads, both what is payable by this Collony, and w^ be-
longs to the whole combination, as also, w^ may concerne the
seu''all Townes of theselues to dischardge ; and to make returne
of the same to the next sitting of this Court, w^ p^uision shalbe
suddenly made to dischardge all the said debts in the best order
the Country can.
[146] The accoumpts of the seui'all Townes are to be brought
in to Mr. Hopkins, wt^in 14 dayes at furthest, vnder the penulty
of \s. a day as long as yt shalbe omitted, by those who are
herein betrusted, and then w^^ all conuenient speed to be issued
by him and the rest ioyned w^^ him, as before.
The P''ticuler Courte. October the ix^h, 1645.
Jo: Heynes Esq^", Go"".
Ed; Hopkins Esq', Dep.
George Fenwicke EsqS Mr. Webster, Mr. Woolcot,
Capten Mason, Mr. Whiting, Mr. Welles.
Jtiry : — Henry Clarke, Jo: Byssell, Henry Woolcot, Tho:
Thornton, Dauid Wilton, Aron Cooke, Mr. Trott, Mr.
OF CONNECTICUT. 133
Chester, Ja: Boosy, Sa: Smith, John Ollister, Tho: Cole-
man.
In the action of Math: Allen pi. agt Ed: Hopkins Esq^ defS
the Jury find for the def that he is no trespasser vppon a
staunch water, and costs of Court & Avitnesses.
In the action of Ed: Hopkins pi. agt Will' AVhiting and Rich:
Lord deftSj the Jury find for the pi. 421. damages, and costs of
Court &; witnesses.
In the action of John Hewyt pi. ag* Jo: Demon deft, the Jury
find for the pi. 36s. daiTiages, & costs of Court.
Jo: Demon is to pay Preston 20.9. & to be coinitted.
Math: Allen, for his mysdemeanor in Court is fined xl.
In the ac. of Tho: Staunton pi. agt Math: Allen deft, the
Court adiudgeth Math: Allen to pay the pi. 14s. 2d. &, costs of
Court.
In the ac. of Hewyt pi. agt Demon, the Court adiudgeth
Demon to pay 10s. to the pi. & to leaue 10s. w^h Tho: Ford
vntill yt appeare whether the other p'tner were formerly paid
10s, and the costs of Court.
[147] Deccber the first, 1645.
Jo: Heynes Esq"", Gou^
Ed: Hopkins Esq"", Dep.
Capten Mason, Mr. Woolcott, Mr. Webster, Mr. Whi-
ting, Mr. Welles.
[Dep2Ui/es :] — Mr. Trotte, Mr. Ollister, Ja: Boosy, Jo:
Demon, Mr. Hull, Mr. Staughton, Mr. Steele, Mr. Tal-
cott.
Its Ordered, that the Plantation cauled Tunxis shalbe cauled
Farinington, and that the bownds thereof shalbe as followeth ;
The Esterne bownds shall meet w^h the westerne of these Plan-
tations, w^ are to be fiue myles on this side the great Riuer,
and the Northern bownds shall be fiue myles fro the hill in the
great meadow towards Masseco, and the Southerne bownds
fro the said hill shalbe fiue myles, and they shall haue liberty to
improue ten myles further then the said fiue, and to hinder
13
134 PUBLIC RECORDS
Others fro the like, vntill the Court see fitt otherwise to dispose
of yt. And the said Planta. are to attend the generall Orders
formerly made by this Court, setled by the Coinittee to who
the same was referred, and other occations, as the rest of the
Plantations vppon the Riuer doe. And Mr. Steele is intreated
for the pi'sent to be recorder there, vntill the Towne haue one
fitt among theselues. They also are to haue the like libertyes
as the other Townes vppon the Riuer, for making Orders among
theselues, pi'uided they alter not any fundamentall agreements
settled by the said Coinittee, hitherto attended.
The Constables of Hartford are to gather vp the knapsacks,
pouches, powder & buUetts, vsed in the last designe, and de-
liuer them to Mr. Talcott to be kepte, and researue & take a
noate in writeing of all the p^ticulers so deliuered, and returne
yt to the Secretary.
The like is to be done by John Drake & George Phelps for
Wyndsor, and the Constables of Wethersfield for Wethersfield,
and deliuer them to Mr. Talcotte, and returne a noate of the
pi^ticulers to the Secretary.
There is a Rate of 400/. graunted to be paid by the Country :
Out of this Stratford and Faierfield are to pay 45, as conceaued
to be according to their pi'portion ; Southampton 10/., who are
to be warned to com to the Court in Aprill, where their due
p'portions may be determined; Seabrooke is to pay 15, and
Tunxis x/. ; Hartford, 136 ; Wyndsor, 102 ; Wethersfield, 102.
The Tresurer is to send out his warrants for the leuying these on
the seuerall Townes, wt^in one weeke, to be brought in wthin vi
weeks.
Tho: Graues is freed fro Trayneing, watching &c warding.
It was also agreed, that in pi"suance of the bargaine w^^ Mr.
Fenwicke, for this pi'sent yeare, the noats that should be sent by
ech vessell to Seabrooke shalbe sent in to Mr. Hopkins as Mr.
F. Assigne, and that w^'^in sixe days after the kylling of any
hogge or swyne notice shalbe giuen to the p^sons betrusted in
the seuerall Townes thereof, vnder the penultyes expi'ssed in
the agreement, who is ether to take pJ'sent pay for the same, or
if he researue yt in the hands of those that are to dischardge yt,
he is to be accoumptable for yt to Mr. Fenwicke or his assignes
when yt is sent for ; and the like he is also to doe for the rest
OF CONNECTICUT. 135
of the payments that shalbe due. Ed: Stebbing is appoynted
for this searuice for Hartford, Walter Fyler for Wyndsor, &
Mr. Trotte for Wethersfield.
Nath: Dickenson is appoynted to be Recorder for Weth-
ersfield.
The Court is adiourned to the first Wensday in February,
after lecture.
[148] Decc: 4th, 1545.
Jo: Heynes Esq^, Go^.
Ed: Hopkins Esq', Dep.
Capten Mason, Mr. Woolcott, Mr. Webster, Mr. Whi-
ting, Mr. Welles.
The Jury : Andrewe Bacon, Tymothy Standly, James
Boosy, John Goutridge, Jo: Hawles, Anthony Howkins,
Will' Lewis, Tho: Osmore.
In the action of defamation of John Pratte pi. ag* Math:
Allen defenS the Jury find for the plant, thirty pownd damages
and costs of Courte.
In the action of the Case of Clement Chaplin pi. ag* Samuell
Smith deft, the Jury find for the defen*, costs of the Courte.
John Eauens pi. ag* M^'s Parks ; agt George Chappell ; ag*
Robert Burrowes.
Will' Boreman pi. agt Jo: Stadder.
Will' Boreman, for not pi^secuting, is to pay the def* 2s. V\d.
Tho: Osmore pi. ag* Rich: Fellovves.
John Westall is to pay Tho: Osmore fine bush: of Indean
come, the chardges of the Court & 2s. for witnesses.
John Westall is fyned xs. for entertayneing Brufield.
Math: Williams is to let his wages that he is to haue of Beld-
ing rest in his hands, vntill he take order for the keepeing of the
child layd to his chardge by Susan Cole.
The estate of Sam: Wakeman deceased is setled on Nath:
Willette, in consideratio whereof he is to pay 40/. to the eldest
Sonne w^ he shall attayne 21 years of age, and 20/. a peece to
the three daughters w" they shall attayne the age of 18 yeares :
if any dy in the meane, the portio is to be deuided betwixt the
suruiuors : the land to stand ingadged for the p^formance thereof,
136 PUBLIC RECORDS
and if any debts more shall appeare then are now knowne, to
be equally borne by him &; the children ; and if any estate
more appeare, that also is to be deuided. The childrens receipts
of their portion is record, in Book D. fo : 19; Decem¥ 2S:
1673.*
Samuell Hales, for his mysdemeanor by excesse in drinkeing^
is fyned twenty nobles.*
Tho: Hurlebut, for the like is fyned 4l.
Elias Trotte, for accompaning the, and drawing wyne w^hout
liberty, is fyned 405.
Will' Crosse, for haueing wyne sould in his bowse w^^out
lycence is fyned 405.
Samuell Barrett is to searue Arther Smith one yeare after
the date hereof, for viij/.
[149] March the 5th, 1645.
Jo: Heynes Esq"", Gou^.
Ed: Hopkins Esqs Dep.
Mr. Webster, Capten Mason, Mr. Woolcott, Mr. Welles,
Mr. Whiting.
The Jury : Ed: Stebbing, Nath: Waird, Tho: Ford, Jo:
Barnard, Jo: Edwards, Jo: Robins, Jo: Notte, Jo: Elson,
Jo: Porter, Roger Willias, Seargeant Fyler, Tho: Dewye.
The Will and Testament of George Willis Esq^, deceased, is
brought into the Court by Will' Gybbins.
W^ Mr. Terry hath taken Oath & sent vp a coppy of y t, that
the accoumpte giuen in by him is a trewe accoumpte, he shall
rec. the goods formerly sequestred for him.
In the ac. of Richard Trotte pi. agt Ed: Elmor and Nath:
Willet, the Jury find for the pi. 405. damages & costs of Court.
In the ac. of Clement Chaplin pi*, agt Sa: Smith &c Nath:
Dickenson defends, the Jury find for the plant, damages 21. 5s.
4d. & costs of Court.
In the ac. of Clement Chaplin pi*, agt Tho: Coleman and Sa:
Hales defts, the Jury find for the plant, damages 8d. & costs of
Court.
* Subsequently added, — in the hand writing of John Allyn.
t £6. 13s. 4d. The noble was equal to 6s. 8d. sterling.
OF CONNECTICUT. 137
John Byssell, as assigne to John Clarke, pi. ag* George Chap-
pell deft, ^i x5. damage.
John Byssell & Ja: Eggleston pits, agt William Heyton def,
in an ac. of the Case, to the damage of 10/.
In the action of Byssell plant, as assigne to Jo: Clarke, agt
George Chappell def', the Jury find for the defend costs of
Court, and for witnesses, 14s. 40?.
In the action of Jo: Byssell & Ja: Eggleston plant, ag* Will'
Helton deft, the Jury find for the plant, to be paid his p^portion
of rayleing, three shillings p^ rodd, ditching \0d. p' rodde, hedge-
ing Sd. pr rodde ; costs of Court and witnesses.
The Welchman Lewis, for pilfering Bunces corne, is fined
40s.
In the ac. of Berding agt Edwards, the Court adiudgeth Ed-
wards to pay 5s. & chardges of Court.
In the ac. of Chappell agt Clarke, the Jury find for the deft.
Chappell is to pay costs of Court viis. 4rf.
In the ac. of slaunder of Edwards pi. against Berding deft,
the Jury find for the deft, costs of Court 7s. 4:d.
In the ac. of the Case of Edward pi. agt Berding deft, the Jury
find for the deft, costs of Court 7s. Ad. & witnesses, 4s. Sd.
Nath: Willett is to haue executio against JMr. Trott for 3Z.
Qs. 8d. and to be quit o^ the 40s. damages and costs of the sute
agt him by the sd Mr. Trotte.
Mr. Woolcott is desiered to gather vp the debts due to Tho:
Marshefield &. to husband the estate for the benefit of the cred-
itors, and to be alowed resonable satisfaction.
The Inuentory of Sa. lerland is brought into the Court by
Jo: Edwards, and the wife of Robert Burrowes, who was wife
to the deceased, is to administer & to haue the thirds, & the
other two p''ts to be for the children.
[150] Aprill the ixth, 1646.
Ed: Hopkins Esq^, Gou''.
Jo: Heines Esq^, Dep.
Roger Ludlowe Esq^, Mr. Webster, Mr. Whiting, Cap-
ten Mason, Mr. Woolcott, Mr. Welles.
13*
138 PUBLIC RECORDS
[Deputyes :] Mr. Steele, Mr. Talcoate, Mr. Westwood
Andrew Bacon, Mr. Phelps, Mr. Gaylard, Mr. Hull,
Dauid Wilton, Mr. Trotte, James Boosy, Sa: Smith,
Nath: Dickenson, Jehue Burre, Anthony Wilson, Tho:
Fayerchild.
The Court desieres that the Comissioi's should be moued that
noe Amunition should be traded w^h any that liue out of the
Jurisdictions in combinatio, whereby yt might supply the In-
deans, and that some consideration be taken to restrayne Roade
Hand fro trading w^h the in such kynd.
Whereas Tho: Thornton of Wyndsor, by haueing his men
suddenly taken offe their cauleing, may susteyne great losse,
the Court hath freed him fro Trayneing, and desier the Magis-
trats to take his condition into serious consideration, that he
might not be put to extraordinary hassard by imploying his men
in publique searuice, and the Capten hath liberty to free his
workemen fro one dayes trayneing, pi^uided they supply yt in
the Artillery. This not voted.
Whereas, there is liberty giuen to the Magistrats to mittegat
or increase damages giuen in by the verdict of Jury, It is now
Ordered, that what alteration shall att any tyme be made in
that kynd, yt shalbe in open Courte before pi. & def*, or affe-
dauit made that they haue bine somoned to appeare.
Fayerfield eccepte against a Jury of sixe, but subiect to that
prte of the Order that 8 of 12 may giue in a verdicte.
It is Ordered, that if any p'son wt^in these libertyes haue
bine or shalbe fyned or whippen for any scandalous offence, he
shall not be admitted after such tyme to haue any voate in
Towne or Comon welth, nor to searue on the Jury, vntill the
Court shall manifest their satisfaction.
Whosoeuer shall be comitted for delinquency shall pay two
shillings sixe pence to the keep"^ of the pryson
To moue the Comissiors to make some pi-uission agt incori-
giblenes.
Mr. Ludlowe is desiered to take some paynes in drawing
forth a body of Lawes for the gouernment of this Coinon welth,
& p^sent the to the next Generall Court, and if he can prouide
a man for his occations while he is imployed in the said sear-'
uice, he shalbe paid at the Country chardge.
OF CONNECTICUT. ]89
Its desiered by the Court, that the Magistrats would take
course that all male pi'sons aboue 16 yeares of age should take
the Oath of Fidellity : and that three Magistrats may giue the
said Oath & make Freemen, (vppon certificatt of good behauior,
as is p^uided by former Order. This to stand vntill the next
Courte.
Whereas Tho: Steynton by his long absence is disabled to
attend the Court according to his place, It is now Ordered, his
sallery shall cease, and Jonathen Gylbert is chosen to supply
the place for this yeare, and the Court will attend him wth re-
sonable satisfactio.
[151] The Gou"" and Deputy are desiered to be Comissio^'s to
joyne w^^ the Vnited CoUonyes for the meeteing in Septeber
next &. for this yeare.
It is Ordered, that a Rate be graunted of 50/. for the carrieing
on the worke of the Forte, in case there should bee need thereof,
to be paid by the Townes of the Riuer.
It is Ordered, that there be two pi'ticuler Courts held the
next pi'ceding day before the two standing Generall Courts,
that both the assistance of Mr. Ludlowe may be had, and such
actions as fall out betwixt any vppon the Riuer and the Townes
by the sea side be more comfortably attended.
John Maynard" and Willia Westly are freed fro watching.
To the penall Order conserneing the selling of lead, powder
etc. to any out of the Jurisdiction is added, That it is lefte to
the judgement of the Courte, that where any offence is coihitted
against the said Order or Orders, ether to aggrauat or lessen
the penulty according as the nature of the offence shall require.
Its recomended to the seuerall Townes seasonably to attend
the colection for the Colledg, and send it thither in conuenient
tyme.
Mr. Hopkins and Mr. Whiting discouering to the Court the
wrong rec^ fro some Indeans in stealeing of theire goods and
burneing their howse, it was conceaued that any lawfull course
may be taken for the recouery of their losse, according as
amongste the Englishe.
The Court being put in mynd of the Indeans that Hue in, are
rec*^, and Hue among the Englishe in these Townes, it was re-
ferred to Mr. Deputy and Capten Mason to take consideratio of
140 PUBLIC RECORDS
them, and in case they are willing to submit to the ordering and
gou''ment of the Englishe they may accepte of the vppon such
terms as may be safe and honarable to the Englishe.
The rates at Stratford and Faierfield are to be deuided.
The Freemen finding yt inconuenient to attend the Court of
Election the second Thursday in Aprill, haue ordered yt for
hereafter to be keept the third Thursday in May, and the
Magistrals to hold vntill that day.
Samuell Marten and Willia Androwes acknowledge theselues
to be bownd to this Comon welth in a Recognizance of 40/. to
appeare at the next Court to be held at Hartford, to answer the
complainte of Edward Stebbing, for lading 97 bush, of Corne
aboarde a vessell at Hartford, w^h deputed the harbor w^^^out
entring the said corne according to Order; then this Recogni-
zance to be voyd, els to stand m force.
[152] June the 5th, 1546.
Jo: Heynes Esq"".
Mr. Webster, Mr. Welles, Capten Mason, Mr. Wool-
cott.
The Jury : Tho: Ford, Rich: Goodman, Joseph Magote,
Arther Smith, Frances Styles, Jo: Drake, Roger Willfhs,
Jo: More, Jo: Edwards, Sa: Marten, Luke Hitchoks,
Tho: Hurlbut.
In the ac. of Rose, pi. agt Robins defS the Jury find for the
pi. ten pownd damages & cost of Court.
The Jury found these p^cells of Corne, forfeited :
Mr. Woolcott, 28 bush. Codman, 6. Lamton, 1. Ip.
Mr. Eauens, 48. 2p. Jo: Lord, 2. North, 3. Cole-
man, for Smith, 20. Wm. Williams, 2. Jo: Wyet,
11. 2p.
In the ac. of Borman pi. agt Stadder deft, the Jury find for the
pi. 55. damages & cost of Court.
John Drake, for his misdemeanor in p'phan execrations, is
fyned 405.
Jo: Carpentor, for breakeing into Will' Gybbins his howse
&; drynking wyne, is fyned 10/. & stands bownd to his good be-
OF CONNECTICUT. 141
haiiior, &, Tho: Osmor stands bowndfor him in 10/. & to bring
him forth w^ the Court shall call for him.
Willia Ellyt & Will' Yats, for the like misdemeanor, are
fyned ten pownd a peece & stand bownd in 20/. a peece for
their good behauior, & Will' Gybbins stands bownd for their
good behauior in 20/. & for their appearence w" the Court
cauleth for the.
Stephen Dauis & Symon Smith, for the like misdemeanor,
are fyned fiue pownd a peece & stand bownd to their good be-
hauior in 20/. a peece, and Will' Gybbins for the in 20/. & for
their appearance w" the Court cauleth for the.
Rich: Belding stands bownd in 20/., Robert Rugge in 40/.,
that Rugge keepe good behauior & appeare the next Court.
Execution was graunted John Pratte agt Mr. Allen, and re-
turne made that yt was executed.
[153] June the last, 1646.
Ed: Hopkins Esq^, Gou"".
Capten Mason, Mr. Webster, Mr. Welles, Mr. Wool-
cotte.
[The Jury ;] Mr. Phelps, Tho: Ford, Will' Lewis, Jo:
Barnard, George Graues, John Hollister, Jo: Demon,
Will' Gybbins, Sa: Smith* Jo: Latimore, Mr. Stoughton,
Ro: Wynchell, Ro: Hewyt.
In the action of slaunder of John Robins pi. ag* Leonard
Chester defS the Jury find for the pi. xijs. dainages & cost of
Court & witnesses.
Rich: Coldecotts ac. ag* Frances Styles is wt^drawen, and
the later Articles to be attended w^h reference to the 4 men.
Whereas Tho: Ford, John Byssell, Will' Pantry and Stephen
Poste were to sett a Rate or value of the worth of impaileing
2024 rodd of pale according to articles agreed betwixt Mr. Sal-
tingstall & Frances Styles, or to choose a fifthe man if they dis-
agreed, w^h hath bine long neglected by the said partyes. It is
now Ordered, that if the said partyes doe nott sett downe vnder
their hands & determine the rate and value of the foresaid, w^^in
• A line is drawn about this name.
142 PUBLIC RECORDS
two months, or chuse a 5^^ man, according to the said articles,
they shall forfeit 100/.
Coopr for his misdemeanor in inuegleing the afFectfis of Mr.
Lee his mayde, w^^^out her M^ consent, is to pay Mr. Lee 20s.
damages & 20s. fyne to the Country.
John Perkins & Tho: Coop^ vndertake &; p^mise to pay 20s.
to this Comon welth & 20s. to Mr. Lee, by the last of March.
In the actio of Clement Claplin pit agt Dickerson etc. the
Jury find for the pi. xs. damages & cost of Court & witnesses.
Robert Bartlett, for his grosse misdemeanor in slaundring
M^s Mary Fenwicke, is to stand on the Pillory, Wensday,
dureing the lecture, then to be whiped, & fyned fiue pownd &
halfe yeares imprysonment.
[154] August the 21tii, 1646.
Ed: Hopkins Esq"^, Go'.
Jo: Heynes Esq', Dep.
Mr. Webster, Mr. Welles, Mr. Woolcott.
Richard Fellowes vndertakes to pay ten pownd to the Coun-
try w^iiin 2 months, for Stephen Dauis his fyne.
Tho: Osmore vndertaks to pay fiue pownd for John Carpen-
ter wthin 2 months, and fiue pownd more w^^iin 3 months after
that.
Symon Smith is to stand bownd for his good behauior, vntill
the next Court and his M'is vndertaks he shall then appeare.
Jo: Ranolds is to be fyned 5/. and p'sently whiped, for har-
boring the rouges that brake pryson, in his M^is her howse, and
to giue security to appeare at the Court att 3 months end, and
then to be agayne corrected, except the Court be certified of
his reformation.
Richard Watts vndertaks for the payment of the 5/. fyne, and
that he the said Jo: Ranolds shall keepe good behauior and ap-
peare the next Court.
Tho: Ford is bownd in a Recognizance of 20/. to the Coun-
try, to bring in Sa: Drake to the next Court.
EHnor Watts, for the like misdemeanor w^h Jo: Ranolds, is
fyned 5/. and whipped in her M^is howse, and to be brought
OF CONNECTICUT. 143
forth 3 months hence, and then whipped agayne if the Court
shall not be informed of her amendment.
Mary Johnson, for theuery, is to be p^sently whipped, and to
be brought forth a month hence at Wethersfield, and there
whipped.
Elizabeth Fuller, for comitting fornication, is to be seuerely
corrected.
Sa: Drake is fyned fine pownd for concealing Jo: Neuie (?)
when he brake pryson.
Ro: Bartlett, for giueing ill counsell to the prysoners, aduise-
ing they should not peach Drake, is to be whipped.
[155] October the first, 1646.
Jo: Heynes Esq"^, Dep.
Mr. Webster, Mr. Welles, Mr. Woolcot, Mr. Whiting.
Tlie Jury : Hen: Woolcot, Jo: Edwards, Jo: Nott, Sa:
Hales, Sa: Boreman, Walter Fyler, Dan: Clarke, Hup:
Pynny, Will: Pantry, Gre: Wilterton, Nath: Waird,
Will: Wodsworth.
In the ac. of Whaty pi. agt Fellowes, the Jury find for the
defen* ; the pi. to pay costs of Court.
In the ac. of Mr. Gylbert pi. ag* George Chappell defS the
Jury find for the pi. The def* is to pay 8/. 8s. dainages & costs
of Court. Execution graunted agt his person.
In the ac. of Will' Whiteing pi. ag* Tho: Ford deft, the Jury
find for the pi. The def*^ is to pay 4/. 12s. 6c?. dainages &
costs of Court.
In the action of Mr. Euens, by his searuant, pi. ag* Math:
Willias deft, Williams is to pay 19s. dainages & costs of Court.
In the action of Mr. Euens pi. agt George Chappell, Chappell
is to pay 8 bush: of pease & costs of Court.
In the ac. of Mr. Euens pi. ag* Mathias Trott defS the Jury
find for the pi. The deft jg to pay 23 bush: 3 pec: of wheat,
and cost of Court.
In the action of Mr. Euens pl^e, agt Carwithy deft, the Jury
find for the pi. 5/. 5s. 66?. damages & cost of Court.
In the action of Henry Smith pi. agt Jaruis Mudge deft, the
144 PUBLIC RECORDS
Court judgeth Mudge to pay 5 bush: of marchantable dry In-
dean corne, or the value thereof.
In the action of Rich: Webb pi. ag* George Chappell def*,
Chappell is to pay 245. damages & cost of Court.
Tho: Stephenson acknowledgeth himselfe bownd in a recog-
nizance of 10/. to make good his attach* ag* Elias Puttmans
goods, or satisfie damages.
In the ac. of Webbe pi. ag* George Chappell defS the defe^
is to pay 245. & cost of Court.
Mr. Chester if freed fro Trayneing.
[156] October the 29*^, 1646.
Ed: Hopkins Esq"*, Go^.
Jo: Heynes Esq', Dep.
Mr. Webster, Mr. Woolcott, Mr. Whiting, Mr. Welles.
The Jury : — Will' Gybbins, Nath: Richards, Jo: Edwards,
Tho: Hurlbut, Aron Cooke, John Stadder.
Willm Ellit is to be whipped the next lecture day, and to
searue his Master his tyme, & then to returne to pryson.
Will' Fiske is to be whipped the next lecture day, and to
restore dubble of what shall be p^'ued agt him, as yt shall be
judged by Mr. Woolcotte.
The ac. of Mr. Whiting pi. agt Sa: Smith is respited vntill
the next Courte.
Gybbins pi* agt Read.
Moody pi* agt Read, for Rent.
Mr. Moody pi* ag* Read, for damages.
Willit pi* agt Read.
Judson pi* agt Rescue.
In the action of Mr. Whiting pi. ag* Tho: Newton def*, vp-
pon an Attach* returned by the Constable of Fayrfield, Greene
appeared for Newton & the Jury find for the plant, the byll 5/.
165. and 25. v\d. damages & cost of Court.
In the ac. of Ed: Hopkins pi*, ag* Tho: Newton def*, the
Jury find for the pi. The Def* is to pay 4/. 13s. Ad. in mony
according to the bill, 105. damages & cost of Court,
OF CONNECTICUT. 145
In the action of John Moody pi. against James Whatly de-
fend', the Jury find for the deft, coste of Court.
Kircu & Carrington are to pay 30s. to the administrators of
Vere, for their bargaine of Corne.
Three of the Jury betwixt James Whatly pi. agt R. Fellowes
dS thinke on witnesse cannot cast the cause wt^out some cir-
custances fall in neare to equalize a witnesse, and they app^-
hend the circustances on the other side rather the stronger : 1.
The pi'ty of who he bought the horse said he knew not of the
lamenes : 2. the price giuen might intimat soundness ; 3. seu-
erall that rodde on the horse and that wrought him, did not dis-
couer any lamenes. John White, Tho: Olcoke, Will' Phelps.
The other 3 conceaue the witnesse giuen into the former
Court hold out the defen' might know the lamenes of the horse ;
2. one witnesse testifieing fro his mouth, that he said he was
lame.
[157] October the 30*^, 1646.
Ed: Hopkins Esq, Gc.
Jo: Heynes Esq"", Dep.
Mr. Webster, Mr. Welles, Mr. Whiting, Capten Mason,
Mr. Woolcott.
[Deputyes ;] Mr. Phelps, Mr. Stoughton, Mr. Clarke, Mr.
Porter, Mr. Steele, Mr. Talcoat, Mr. Westwood, Mr-
Cullicke, Mr. Trotte, James Boosy, Nath: Dickenson'
Jo: Demon.
The deputyes are to take into consideration the fenceing up-
pon the Easte side of the great Riuei', by who & where they
shall see cause.
The Order of the Comissioners concerneing the restreynt of
of selling powder, shotte, amunition etc. to any out of the Juris-
diction, wthout the lycence of two Magistrats, or one Magis-
trat and 2 deputyes, is confirmed.*
•This order of the Commissioners was contiimatory of that made in 1644, (see p. 113, ante)
which had been approved by the General Courts of all the United Colonies except Plym-
outh. The present order prohibited, under a heavy penalty, the sale of arms or ammunition to
any person out of the confederate jurisdictions, " without lycense under the hands of two.
14
146 PUBLIC RECORDS
The Order conserneing the pi^ceeding against Indeans is con-
firmed, f
There is alowed for the searuing of executions 2s. 6d. if vn-
der 405. and 5s. if aboue.
Whosoeuer drawes wyne after the publisheing this Order,
shall pay to the Country after the p^'portio of 40s. a Butt for
what shalbe drawen.
Mr. Phelps is appoynted to joyne w^h the Comittee for the
planting Matabezeke.
[158] Ja: 28th, 1646.
Ed. Hopkins Esq"", Go"^.
Mr. Webster, Mr. Whiting, Capten Mason, Mr. Welles,
Mr. Woolcott.
[Beputyes ;] Mr. Steele, Mr. Talcoate, Mr. Cullicke, Mr,
Westwood, Mr. Trott, James Boosy, Nath: Dickenson,
Jo: Demon, Mr. Phelps, Mr. Stouton, Mr. Clarke, Mr.
Porter.
The Order concerneing paying 5s. a pownd for takeing
Tobacco not growing w^hin this Jurisdictio, is repealed.
Richard Lord for transgressing the Order against selleing
lead out of this Jurisdictio, is fyned seauen pownd.
magistrates of the jurisdiction, or at least under the hands of one magistrate and two deputyes,
intressed in the publique affaires, & that all & eii'ry such lycense shall from time to tyme be
kept in a booke or memoriall in writing, that all the parcells or particulers, w'h the quantities
soe lycensed, the prsons to whom, the grounds for wcii, upon occasion may be considered by the
Gen^'all Courts, or Comissioners for the Colonyes." (Rec. of U. Colonies, Sept. 1646.)
t Providing, that in case of " wilfull & hostile practises against the English, together with the
entertemeing, protecting or rescueing of offenders," "the Magistrates of any of the Jurisdic-
tions might, at the charge of the plaintiffs, send some convenient strength of English, & accord-
ing to the nature & vallewe of the offence & damage, seize & bring away any of that planta-
con of Indians that shall entertaine, protect or rescue the offender, though it should be in
another Jurisdiction, when, through distance of place, comission or direction cannot be had'
after notice & due warning given them, as abettors or at least accessory to the iniury & dam-
age done to the English ; onely women & children to be sparingly seized vnlesse knowen to be
some way guilty. And because it will be chargeable keeping Indians in prison, & if they should
escape they would prove more insolent & dangerous after, it was thought fittthat upon such
seysure. the delinquent or satisfaction should againe be demanded of the Sagamore or Planta-
con of Indians guiltie or accessory as before ; and if it be deiiyed, that then the magistrates of
the Jurisdiction deliver up the Indians seized to the party or parties indamaged, either to serve
or to be shipped out and exchanged for Negroes, as the cause will iustly beare." [Ibid.] This
Order will be found incorporated with the cede of 1650, in a subsequent part of this volume.
OF CONNECTICUT. 147
Tho: Staynton, for the like transgressio, is fyned 5/. fiue
pownd.
Dauid Wilton, for the brech of the same Order, is to forfeite
the lead w^h was attached at Wethersfield, being LSI pownd.
Nath: Waird is freed fro trayneing and warding, so long as
the infirmity he complaynes of remayneth vppon him.
The Gour and Mr. Whiting are desiered to attend the place
of Comission^s for the Vnited Collonies, for this next yeare.
There is a Rate of 30Z. graunted for the Fort.
March the 4th, 1646.
Ed: Hopkins Esqf, Gc.
Mr. Webster, Mr. Welles.
[The Jury:'] Tho: Ford, Tho: Osmore, Jo: Nott, Sa:
Borema, Tho: Thornton, Benedict Alford.
In the ac. of Joseph Nubery pi*, ag* Ambrowse Fowler def,
the Jury find for the plan*, fower pownd xs. & costs of Court.
In the actio of Sa: Smith pi. agt John Guteridge, Tho: Rite
& Sa: Martin def^^, John Guteridge and Sa: Marten are to
pay the pi. xvi bush: Indean.
Mary Willias, for her fowle misdemeanor, is fyned 5/.
Joshua Gynings vndertaks to pay this 5Z.
Tho: Blisse for not trayneing, is fyned 2s. V\d.
[159] May the 19th, 1647.
Ed: Hopkins Esqf, Go"".
Mr. Webster, Mr. Whiting, Mr. Woolcoat, Mr. Welles.
The Jury : Mr. Phelps, Mr. Porter, Mr. Roceter, Dauid
Wilton, Mr. Parks, James Boosy, Sa: Smith, Will'
Wadsworth, Ed: Stebing, Tho: Ford, Andrew Bacon,
Nath: Waird.
In the ac. of James Whatly pi. agt Tho: Coleman, the Jury
find for the deft, costs of Court, and for witnesses, 2s. Qd.
148 PUBLIC RECORDS
In the ac. of Hemy Gree pi. agt Sa: Marten deft, the Jury
find for the pi. debte 15/. iis., damages ten pownd, and costs of
Court.
May the 21^^ 1647.
The Jury : Mr. Talcoate, Gre: Wilterton, Tho: Osmor,
Sa: Smith, Will' Wilcoxson, Robert Howard, Dan: Tyt-
terton, Walter Fyler, John Croe, Ed: Haruy, Tho:
Judde, John Demon.
In the ac. of John Steele pi. agt Tho: Demon, the said Tho:
Demon is to pay six bush: of Indean.
In the ac. of Blysse pi. agt Lyman & Arnold, the defends are
to pay 205. & costs of Court.
Henry Densloe is to attend agayne the next Court, and Wil-
coxe to pay him 55. for not p'secuting this Court.
In the ac. of Mr. Whiting pi. ag* Sa: Smith def*, the Jury
find for the pi. viij/. damages, and cost of Court.
In the ac. of Blachfield pi. agt Spenser, the Jury find for the
pi. 50 bush: of Indean, & costs of Court.
In the ac. of Spenser pi. agt Blachfield deft, the Jury find for
the pi. 31s. 3c?. damages, & costs of Court.
[160] In the ac. of slaunder, of Mr. Whiting pi. agt Tho:
Ford deft, the Jury find for the pi. 405. & costs of Court.
In the ac. of Will' Fishe pi. agt Aron Cooke, the Jury find
for the pi. fiue pownd damages & costs of Court.
In the ac. of Tho: Ford pi. agt Oldige & Hull, the Jury find
for the defts, costs of Court.
Henry Gree acknowledgeth himselfe bownd to the Court, in
a Recognizance of xL & Tho: Hassard in 20, that Tho: Has-
sard keepe good behauior vntill the Generall Court in Septeber
next, and appeare at the p^ticuler Court the day before.
In the ac. of Write pi. against Norton, the pi. is to haue the
swyne & pay the chardges for the keeping.
May the 24th, i647.
Roger Ludlowe Esq"", Moderator.
Mr. Woolcoat, Mr. Welles.
OF CONNECTICUT. 149
Jury : Sa: Smith, Will' Wilcoxso, Robert Howard, Dan:
Tytterton, John Demon, Walter Fyler, Ed: Haruy, Tho:
Judde, John Westall, Aron Cooke, Anthony Howkins,
Stephen Hart.
In the ac. of M"s Willis pi. agt Francis Styles deft, (Mr.
Roceter appeared for Mr. Styles,) the Jury find for the pi.
340/. damages & costs of Court.
[162] May the 20th, 1647.
Jo: Heynes Esq', Gc.
Edward Hopkins Esq'', Dep. Gor.
George Fenwicke Esq'', Magistrate ; Roger Ludlowe
Esq. Mag: Mr. Webster, Mag: Mr. Whiting, Mag:
Tres"; Capten Mason, Mag: Mr. Woolcoate, Mag: Mr.
Welles, Mag: Sec^; Mr. Cosmore,* Mag: Mr. Howell,*
Mag:
Deputyes : Mr. Phelps, Mr. Stoughton, Mr. Porter, Mr.
Clarke, Mr. Steele, Mr. Talcoat, Mr. Cullike, Mr. Trott ,
Sa: Smith, Ja: Boosy, Nath: Dickenson, An: Bacon,
Mr. Taynter, Ed: Haruy, Dan: Tytterton, Will' Wil-
coxso, Stephen Hart, Tho: Judde.
It is Ordered, that the three Townes on the Riuer & Tunxis
shall pay ten shillings to whosoeuer shall kill any Woolfe wt^in
any of their libertyes, & so to pay for euery woolfe that shalbe
kylled w^^in the term of one yeare after the date hereof.
Forasmuch as diuers inconueniences fall out by letting land to
the Indeans, whereby they mixe theselues in their labours w^^
the Inglishe, and therby the manners of many young men are
lyable to be corrupted, It is Ordered, that noe Inhabitant w^^in
this Jurisdiction shall contracte wth or lette any land to any
Indean after the publisheing this Order, nether shall any Indean
possesse any land held of the Inglishe after the last of October
next, pi'uided notwt^standing that such natyves as haue caried
theselues peacebly, and w^h will subiecte theselues to be oi'dered
•John Cosmore and Edward Howell, of Southampton, on Long Island. (See Articles of Com-
bination, in Appendix, No. O.; and p. 112, ante.)
14*
150 PUBLIC RECORDS
by the Inglishe, shall haue pi'uission for planting vppon reasona-
ble terms sette forth for them.
James Pyne hath forfeted his recognizance, for not appeare-
ingat the Court held at Hartford the 20^^ of May.
J ames Harwood also hath forfeted his recognizance.
An Attach* is to goe forth for Tho: Sherwood.
A Warrant for Tho: Newton.
Whereas, by an Order of the 14th of January, 1638, it was
Ordered, that euery Generall Court, excepte such as through
neglecte of the Gc^ and the greatest p^te of Magistrats the Free-
men theselues doe call, shall consiste of the Go' or some on
chosen to moderate the Courte, and 4 other Magistrats at lest,
w^h the maior p^te of the deputyes of the seuerall Townes,
legally chosen, w^h hath bine conceaued, that by the example
thereof no p^'ticuler Court might be keepte excepte the Go'' or
Dep: Go"" and 4 Magistrats were pi'sent, w^h this day coming
into consideration, this Court seeing the many inconueniences
thereof to be so restreyned, & considering in case it may so
fall out that by reson of the absence of the Gc or Deputy & 4
Magist: noe pi^ticuler Court may be extant to administer justice
according to the law of God and humane pollicy, W^^ is now
[163] conceaued to be contrary to the trewe meaneing || of the
said former Order, It is therefore now declared and so Ordered,
sentenced & decreed, that the Gou'" or Dep: Go' w^h 2 Magis-
trats shall haue power to keepe a p'ticuler Court, according to
the lawes established, &, in case the Gou*" or Dep: Go*" be ab-
sent, or some waye or other incapable ether to sit or to be
p''sent, if three Magistrats meete, and choose on of theselues to
be a moderator, they may keepe a p^ticuler Court, w^h to all
intents & purposes shalbe deemed as legall, as though the Goi"
or Deputy did sitte in Courte, and all other Orders that haue
bine heretofore in that case made shalbe reduced to this Order.*
It is Ordered, that there shalbe a gard of 20 men, euery Sab-
both and Lecture day, compleate in their arms, in ech seuerall
Towne vppon the Riuer, and atte Seabrooke and Farmington
8 apeece, ech towne of the sea coast ten, and as the nuber of
men increase in the Townes, the gaurd is to encrease.
* [In margin,] " Added to the lO"' fundamental!."
OF CONNECTICUT. 151
May the 25th, i647.
The Estreits for the leueing of Fynes shall goe forth once
eu^y yeare, both in the Townes on the Riuer and by the sea-
side, and some officer appoynted in ech place to leuy and re-
ceaue the and the accoumpts to be giuen in by the seuerall Plan-
tations of their generall chardges at the Court in Septeber, for
the pi'fecting of the accoumpts betwixt them. Mr. Ludlowe is
desiered to graunt out warrants for the fynes by the sea-side.
Yppon the makeing vppe of the Rates betwixt the Townes
by the sea side, for the last Rate, ther was found to be due fro
Stratford, 9/. iis. 2d. ; fro Fairfield, xiZ. 14s. Sd. ; these Townes
being alowed what they had expended vppon the p^parations of
the late warrs, but other expenses shalbe alowed out of the
Fynes when the accoumpte of the shalbe brought vppe.
Its the mynd of the Court that ther should be pi^uision made
for entertayneing the Magistrats dureing the sitting of the Court,
and the deputyes of Hartford are desiered to find out a fitte
man.
Its Ordered that the souldears shall only make choyse of their
millitary officers & p^sent the to the p^ticuler Court, but such
only shalbe deemed Officers as the Court shall confirme.
The chiefe officer in euery Towne shall appoynt the dayes
of Trayneing alowed by Order of Court.
[169] Whereas it appeares that diuers, to defeate and defraude
their creditors, may secretly and vnderhand make bairgens &
contracts of their lands, lotts and accomodations, by meanes
whereof, when the creditor thinks he hath a meanes in a due
order of lawe to declare against the said lands, lotts and accoili-
odations, and so recou^ satisfaction for his debte, he is wholy
deluded and frustrated, w^h is contrary to a righteous rule, that
euery man should pay his debts w^^ his estate, be it what yt
wilbe, ether real or pi'sonall ; This Court takeing it into con-
sideratio, doe Order, sentence and decree, that for the future
that if any Creditor doe suspecte any debtor, that he may p^ue
non soluant in his pfsonall estate, to repair to the Register or
Recorder of the Plantation wher the lands, lotts or accomoda-
tions lyes, and enter a Caueat against the lands, lotts and ac-
comodations of the said debtor, and shall giue to the said Regis-
ter or Recorder 4c?. for the entry thereof; and the said creditor
152 PUBLICRECORDS
or creditors shall take out sumons against the said debtor, and
in due forme of law the next p^ticuler Court, ether for the whole
Collony or for that prticuler Plantation wher the said lands,
lotts and accomodations lyes, or the next Court ensueing, de-
clare against the said debitors lands, lotts & accomodations ;
and soe if the creditor recouer, he may enter a judgment vppon
the said lotts, lands and accomodations, and take out an extent
against the said land, directed to a knowne officer, who may
take two honest & sufficient men of the neighbours, to appryse
the said lands, lotts & accomodations, ether to be sould out
right if the debt so require, or sett a resonable rent vppon the
same, vntill the debte be payd, and dehuer the possession there-
of ether to the creditor or creditors, his or their assigne or as-
signes, or any other ; and what sale or sales, lesse or lesses, the
saide officer makes, being orderly recorded, according to former
Order of recording of lands, shalbe as legall and bynding to all
intents & purposes as though the debtor himselfe had don the
same ; p^'uided that if the said debttor can then pi'sently pi^cure
a Chapman or Tenant, that can giue to the creditor or creditors
satisfactio to his or their content, he shall haue the first refusal!
thereof. Also yt is declared, that he W^^ first enters Caueat as
aboue said, and his debte being due att his entring the said
Caueat, shalbe first paid, and so euery creditor as he enters his
Caueat and his debte becom due, shalbe orderly satisfied, vnlesse
at the next Court yt appeares the debters lands, lotts and ac-
comodations p'"ue insufficient to pay all his creditors, then eu^'y
man to haue a sutable p^portion to his debte out of the same,
and yet notwt^hstanding euery man to receaue his p^'te accord-
ing to the entry of his Caueat ; yet this is not to seclude any
[165] creditor |i to recouer other satisfaction, ether vppon the
prson or estate of the sayd debtor, according to lawe and cus-
tum of the Collony.
And also yt is further decreed, that what sale or bargaine
soeuer the debtor shall make concerneing the said lotts, lands
and accomodations, after the entering of the said Caueat, shalbe
voyde as to defraud the said creditors. It is also further ex-
play ned and declared, that if the said debtor be knowne to be an
insoluant man before the first Caueat entered against the said
lands, lotts & accomodations, and the same appeare at the next
OF CONNECTICUT. 153
pniculer Court, then the Court shall haue power to call in all
the creditors in a short tyme, and set an equall and indifferent
way how the creditors shalbe paid out of the said lands, lotts &
accomodations ; otherwise, if the said debtor proue insoluant
after the first Caueat entered, then this Order to be duly ob-
searued, according to the pTnisses and true intent and meane-
ing thereof It is also further declared and explayned, that the
Recorder or Register of the said Caueat shall, the next pnicuter
Court as aforesaid, returne the said caueats that are w^h him,
at w^h tyme & Court the enterer of the said Caueats shalbe
cauled forth to p^secute the next pniculer Court follow-
ing ; and if the enterer of the said Caueats fayle to p^'secute
according to this Order, the Register or Recorder of the said
Caueat or Caueats shall putt a vacatt vppon the said Caueat or
Caueats, w^h shalbe invalled or voyde to chardge the said lotts,
lands and accoinodations aforesaid.
Forasmuch as it is obsearued that many abuses are coinitted
by frequent takeing Tobacco, It is Ordered, that noe p^son
vnder the age of 20 years, nor any other that hath not allreddy
accustomed himselfe to the vse therof, shall take any Tobacco
vntil he haue brought a Certificat, vnder the hand of some who
are approued for knowledg & skill in phisicke, that it is vsefull
for him, and also that he hath receaued a lycence fro the Court
for the same. And for the regulateing those who ether by their
former takeing yt haue to their owne app^hensions made yt
necessary to the, or vppon due aduice are p^suaded to the vse
thereof. It is Ordered, that no man wt^in this Collony, after the
publicatio hereof, shall take any tobacco publicquely in the
street, nor shall any take y t in the fyelds or woods, vnlesse when
they be on their trauill or joyrny at lest 10 myles, or at the
ordinary tyme of repast comonly called dynner, or if it be not
then taken, yet not aboue once in the day at most, & then not
[166] in company w^h any other. Nor shall any |1 inhabiting in
any of the Townes w^^in this Jurisdiction, take any Tobacco
in any howse in the same Towne wherhe liueth, w^h and in the
company of any more then one who vseth and drinketh the
same weed, w^h him at that tyme ; vnder the penulty of six
pence for ech offence against this Order, in any of the p^ticulers
thereof, to be payd wt^out gainesaying, vppon conuictio by the
154 PUBLIC RECORDS
testimony of one witnesse that is wt^out iust exception, before
any one Magistrate ; and the Constables in the seuerall Townes
are required to make p^'sentment to ech pniculer Court of such
as they doe vnderstand and can evict to be transgressors of the
Order.
And for the pi^uenting that great abuse w^h is creepeing in
by excesse in Wyne and strong waters, It is Ordered, that noe
inhabitant in any Towne of this Jurisdiction shall continue in
any comon victualing howse in the same Towne wher he liueth
aboue halfe an hower att a tyme in drinkeing wyne, bear or
hotte waters, nether shall any who draweth & selleth wyne
suffer any to drynke any more wyne att on tyme then after the
prportion of three to a pynt of sacke. And it is further Order-
ed, that noe such wyne drawer deliuer any wyne, or suffer any
to be deliuered out of his howse to any who com for yt, vnlesse
they bring a noate vnder the hand of some on M' of some
family and alowed inhabitant of that Towne, nether shall any
such Ordinary keep, sell or drawe any hotte waters to any but
in case of necessity, and in such moderation for quantity as
they may haue good grownds to conceaue yt may not be
abused ; and shalbe reddy to giue an accoumpte of their doeings
herein when they are cauled thereto, vnder Censure of the
Court, in case of delinquency.
When Mr. Ludlowe hath p'^fected a body of lawes as the
Court hath desiered him, it is the mynd of the Court that he
should, besids the paying the hyer of a man, be further consid-
ered for his paynes.
Yf Mr. Whiting w^h any others shall make tryall and p'se-
cute a designe for the takeing of Whale, wt^^in these libertyes,
and if vppon tryall w^Hn the terme of two yeares, they shall
like to goe on, noe others shalbe suffered to interrupt the, for
the tearme of seauen yeares.
[167] June the S^, 1647.
Ed: Hopkins Esq"", Dep.
Mr. Webster, Mr. Welles.
The Jury : — Humphry Pynny, Willia Heton, Joseph Ma-
gotte, Tym: Standly, John Edwards, John Elsen.
OF CONNECTICUT. 155
In the action of Aron Cooke plS agt John Dawes, the Jury
find for the pi* 4l. & costs of Court.
Henry Densloe is bownd in a Recognizance of 20/. to appear
the next Court.
Mr. Math: Allen & Tho: Newton acknowledge themselues
bownd in a Recognizance of a 160/. to the Court, to saue tjie
Court & such debttors harmeles & indempnified fro any dayn-
ger, losse or inconuenience that may befall the by any some of
mony that shalbe recouered in the Court, of Scippeseyer his
debts, in reference to an ac. comenced ag' Sa: Smith.
In the action of Math: Allen pi. ag* Peter Jacobe, of 6/. 10s.
thers acknowled to be paid,
by Dauid Prouost, . . . . 2. 0.
by Sa: Smith, 1: 2: 7; . . . 1. 2. 7
more by him in wheat 2/. 8s. . 2. 8.
behind 19s. 5d. w^h the def* is to pay.
Tho: Sherwood, for his contempte in not appeareing att
Court vppo suiTions, is fyned 40s.
Tho: Newton, for his misdemeanor in the vessell cauled the
Virgin, in glueing Phillipe White wyne w" he had to much be-
fore is fyned 5/.
[168] June the 2, 1647.
Ed: Hopkins Esq'.
Capten Mason, Mr. Webster.
[Deputyes ;]— Mr. Steele, Mr. Talcoate, Mr. Cullicke, An-
drew Bacon, Mr. Trott, James Boosy, Sa: Smith, Mr.
Clarke, Mr. Porter.
It was this day Ordered, that all guns and millitary amunition
w^h this CoiTion welth by a Comitte haue formerly bought of
George Fenwicke Esq'', be deliuered vnto Capten Mason for
the vse of the Country, w^h being done, the sd. Capten Mason
to acquit & dischardge the said George Fenwicke, or his Agent,
of the p^ticulers soe deliuered.
It was then further Ordered, that Capten Mason should for
the peace, safty and good asurance of this Comon welth, haue
the comaund of all souldears and inhabitants of Seabrooke, and
156 PUBLIC RECORDS
in case of alarum or daynger by approch of an enimy, to drawe
forth or put the said souldears & inhabitants in such posture for
the defence of the place, as to him shall seeme best.
It is this day Ordered, that in case Mr. Whiting, being at
p^sent vppon a voyadge att sea, be by Pruidence p^uented of
his intended returne, then Capten Mason to be on of the Com-
issic^ for this Jurisdiction, and to attend the searuice this yeare
w^h the Comissio^s of the Vnited Collonyes, in the Bay or els-
wher, at the tyme or tymes appoynted.
Whereas Capten Mason, at the spetiall instance & request of
the inhabitance of Seabrooke, togather w^h the good likeing of
this Comon welth, did leaue his habitatio in the Riui' and re-
paire thither, to exercise a place of trust. It is this day Ordered,
that his former sallary of 40^. p'" ann. be continued, and after
ech of the terms yt hath bine formerly dewe, then at 20 dayes
warneing yt be put abord some vessell or vessells as himselfe
shall appoynd.
Memorandin. W^ the Capten doth rec. the guns & millitary
amunition, he must deliuer a bill of the p^ticulers to the Reges-
ter, to be keepte as a record for the Country.
The p'"portions for the composition for the Fort for the full
Tearme of 10 yeares is as followth : —
Hartford, 60/. 5s. ^ p'te wheat, ^ p'te pease, ^ Ry.
Tunxis, 15. 5. in the same kynd.
Wyndsor, 45. ^ wheat, ^ pfease.
Wethersflcld, 49. 10. ^-p^te wheat, f p^ts pease.
Seabrooke, 10. the same as Hartford.
[169] Sep: 2, 1647.
Ed: Hopkins, Esq^
Mr. Webster, Mr. Welles.
[The Jury;-] Nath: Waird, Nath: Ely, Sa: Hales, Jo:
Edwards, Jo: More, Aron Cooke.
In the ac. of Wyddowe Kilburne pi. ag^ Peter Blachfield deft,
the Jury find for the pi. 40s. & cost of Court.
George Abbott is to pay 12s. to Rich: Letten.
OF CONNECTICUT. 157
Vpson is to pay Kerby ixs. and the cost of Court, excepte
witnesses.
]\jrs Whiting is admitted to administer according to the will
of her deceased husband.
Trotte agt Norton, 2 ac.
Executio graunted M^s Willis.
Executio graunted Aron Cooke.
John Nubery confesseth that he made seuerall attempts of
bestiality,* ....
John Gyn'ngs for resisting the watch seuerall tymes is fyned
40s. and to find surtyes for his good behauior.
Peter Bassaker for resisting the watch is fyned 20s. and to
find surtyes for his good behauior.
Tho: Hubbert for refuseing to watch is fyned xs.
Sep. 9, 1647.
Ed: Hopkins Esq"".
Mr. Webster, Mr. Woolcott, Capten Mason, Mr. Welles.
[Deputj/es ;] Mr. Steele, Mr. Talcoat, Mr. Westwood,
Andr: Bacon, Mr. Phelps, Mr. Clarke, Mr. Stoughton,
Mr. Gaylard, Mr. Trott, Liue* Boosy, Sa: Smith, Nath:
Dickenson.
Thers liberty giuen the Comissio^s to forbeare their sett
meeting att Septeber, pi'uided they meet once in the yeare.
Also, if no more then syxe of the Comissio" meet, they may
goe on in their occations yf they all agree, and it shalbe as eflTec-
tuall as if the whole 8 meet, haueing sufficient warneing.
There is a Rate of 100/. graunted.
Capten Mason & Jo: Clarke are desiered to carry on the
building of the Fort, by hireing men or Cartls or other necessa-
ryes. They are alowed to make vse of the last Rate to be paid
by Seabrook.
The Court thinks meet that a Comission be directed to Mr.
Wynthrop, to execute justice according to c lawes & the rule
of righteousnes.
* A line omitted.
15
168 PUBLIC RECORD
deuissio of the Rate ;
; Hartford,
35/.
10.
Wyndsor,
24.
10.
Wethersfd,
24.
Seab:
8.
Farm:
8.
100. 0.
The Courts adioyrned to the last Wednesday in October.
[170] October 29th, 1647.
Jecoxe is bownd in a Recognizance of 10/., James Pyne in
20/., p^'uided Pyne keepe good behauior vntill the Court in May
at Fayerfield, and appeare ther.
The Rats to be paid in Enghshe graine.
The Courts adioyrned to the first Thursday in March.
No: THE 22th, 1647.
Ed: Hopkins Esqi", Dep: Go^.
Mr. Webster, Mr. Woolcoate, Mr. Welles.
[The Jury ;] Tho: Ford, Will: Wodsworth, /?/7ie(f 2s. Vid.^
Gregory Wilterton, John Barnard, Mr. Porter, Dauid
Wilton, Tho: Dewy, Sa: Marten, John Notte, Sa: Bore-
man, John Westall, Will: Pantry, Tymothy Standly.
In the action of John Guttridge pi. agt Jaruis Mudge deft, the
Jury find for the pi. 20 bush: Indean ; 7s. vi^. forbearance ; 20s.
to be deducted for chardge & hazard ; remayneth for the pL
37s. 6c?. & chardge of Court.
Sa: Gardner is to be alowed fro Mudge vis. for three bush:
Indean.
In the action of the Case of Tho: Olcoatte pi. agt Mathew
Gryssell deft, the Jury find for the plantife 50/. dainages & coste
of Court, and for witnesses 30s. The defent to make improue-
ment of the goods that miscaried, for his owne vse.
of connecticut. 159
December the 2*^, 1647.
Ed: Hopkins Esq"', Dep: Gc.
Mr. Webster, Mr. Woolcoate, Mr. Welles.
The Jury : Mr. Trotte, Mr. Talcoate, Tymothy Standly,
John White, Tho: Osmore, Liuetenant Boosy, Sa: Smith,
Tho: Coleman, Henry Clarke, Mr. Hill, Mr. Hull, Jo:
More.
The Jury find the bill of indictement ag* John Nubery, that
he is guilty of buggery.
James Whatly, for his contempte in not watching, is fyned
3s. 4id. & the chardge of witnesses.
In the actio of James Whatly pi. ag* Tho: Coleman, the Jury
find for the deft, cost of Court and witnesses.
In the actio of George Steele pi. agt Will' Corbit defS the
Jury find for the pi* 205. damages and cost of Court.
In the 2d actio of George Steele pi. agt Will' Corbit defS the
Jury find for the pi. 10s. damages, and cost of Court.
Mr. Woolcoate is to giue notice to Tho: Marshfields credit-
ors to prfecte the diuissio of the remaynder of that estate in his
hands, by the 24 th of June next.
[171] Feb: 23th, i647.
Ed : Hopkins Esq"", Dep: Go"^.
Mr. Webster, Mr. Woolcoat, Mr. Welles.
[Deputyes :] Mr. Steele, Mr. Talcoate, Mr. Westwood,
Andrew Bacon, Mr. Phelps, Mr. Stoughton, Mr. Clarke,
Mr. Trotte, James Boosy, Sa: Smith, Nath: Dickenson.
Forasmuch as yt is obseaured that ther are diuersity of
wayghts, yards and measures amoungst vs, whereby damag
many tymes ensueth, by comerce w^h seuerall pi'sons ; For the
pi'uenting whereof, yt is now Ordered, that no man w^hin these
Liberty es shall, after the publisheing this Order, sell any com-
odity but by a sealed waight or measure, vnder the penulty of
xij(i. ech defaulte : the Clarke is to haue a penny for sealeing a
wayght or yard, ech time, and noe waight or measure is to be
accoumpted authenticke that is not sealed or approued by the
160 PUBLIC RECORDS
Clarke once euery yeare : and the said Clarke is to breake or
demolishe such wayghts, yards or measures as are defectiue.
March the 2^, 1647.
Ed: Hopkins Esq', Dep: Go"".
Mr. Webster, Mr. Woolcoate, Mr. Welles.
\The Jury ;] John White, John Byssell, John Drake,
Dan: Clarke, Henry Woolcott, John Edwards, Sa: Mar-
ten, Sa: Hales, Luke Hitchcoke, Will' Pantry, Rich:
Goodman, Rich: Butler.
In the ac. of Will' Gibbins as Assigne to Waterman pi. ag*
Fra: Norton defS the Jury find for the def*, costs of Courte.
In the ac. of Peter Jacob pi. agt Sa : Smith defS the Jury
find for the pi. 5/. Is. 9d. and costs of Court.
In the ac. of Nath: Dickenson pi. agt Peter Jacob def^, the
Court adiudgeth the def* to pay 12s. and costs of Court.
In the ac. of John Sadler pi. ag* Peter Jacob def*, the def* is
to pay ixs. and costs of Court, and 18^. for witnesses.
John Moses acknowledgeth himselfe bownd to this Comon
welth in a Recognizance of 20/. and Mathew Allen in xl, p^ui-
ded that the said John Moses appeare at the next p^^ticuler
Court and keepe good behauior in the meane tyme,
Ed: Chancutt, for diuulging misreports ag* Hide, is fyned
405. and Beniamin Nubery for the like is fyned 20s. and Mas-
tens the boy to be corrected.
Anthony Longdon for drunkenes, is fyned 20s.
Nicholas Gynings, for a miscaridge, beateing of a Cow of
Ralfe Keelers
Peter Bassaker, 10s.
Ralfe Keeler, Jenings, Ketchrell.
March the 9*^, 1647.
Ed: Hopkins Esq^, Dep: Go'.
Mr. Webster, Mr. Woolcoat, Mr. Welles.
[Deputyes:] Mr. Steele, Mr. Talcoat, Mr. Westwood,
OF CONNECTICUT. 161
Mr. Phelps, Mr. Trott, Mr. Stoughton, Mr. Clarke, Ja:
Boosy, Sa: Smith.
Willia Rescue is to be alowed 40s. towards his chardges in
keepeing the prysoners.
Ther is a liberty giuen to lett any grownd on the east side
the great Riuer and in the Hand, to such Indeans as haue giuen
in their names to the Dep; Gc, and if that p^ue to little it is
lefte to the Go"" to dispose of the as he shall see cause.
The Court thinks fitt that Massacoe be purchased by the
Country, and that ther be a Comitte chosen to dispose of yt to
such inhabitants of Wyndsor as by the shalbe judged meet to
make improuement therof, in such kynd as may be for the
good of this Comon welth, and the purchase to be repaid by
those that shall enioy yt, w^h resonable alowance. Mr. Hop-
kins is intreated to be one of the Comittes and Mr. Webster
another; and Mr. Steele, Mr. Talcoate <fe Mr. Westall to vew
the foresaid grownd and assist in the dispose therof.
Wheras by former Order there was 2d. p^ pownd laid vppon
euerypownd of Beuer traded w^^'in the libertyes of these Plan-
tations vppon the Riuer, that hath not hitherto been pi'formed,
It is now Ordered, that whosoeu"" hath traded any w^i^in these
libertyes the last yeare, or shall herafter trade any wt^in the
tyme specified in the foresaid Order, That they giue notice
thereof to Mr. Hopkins before they export yt downe the Riuer,
vnder the penulty of forfeting the one halfe, as in the former
Order.
[173] It is Ordered, that ther shalbe a Rate of 150/. paid by
the Country, whereof noe man shall pay aboue a third part in
Indean, and it is intended that the Capten shall haue 60/. therof,
for a yeare &, halfe, and 40/. to Math: Gressell, and the rest tor
the Comittee for the Fortte.
The diuission is,^ for Hartford,
Wyndsor,
Wethersfield,
Seabrooke,
Farmington,
Wheras by reson of many waighty occations, expences and
chardges are yearely expended by the Go'', It is therefore Or-
15*
53.
5s,
36.
15.
36.
0.
12.
12.
162 PUBLIC RECORDS
dered, that ther shalbe yerely alowed to that Place 30Z. and 30/.
to the Deputy Go'" for the year past.
Wheras yt was Ordered, that ther should be 20 men to attend
the Gaurd at Wethersfield, in regard of the smale number in
the Towne yt is now brought to 12 men.
* The Inventoryes of John Elsen & Abraha Elsen are brought
into the Courte.
A Caueat put in ag* both Wills by Sam: Gardner.
The Wyddow of John Elson is alowed to administer.
Sa: Smith giueth security for the estate.
Tho: Coleman vndertaks the estate of Abraham Elson shalbe
p^'searued vntill the Court settle the administration.
[174] [The date of this Court is not given.]
Ed: Hopkins Esq'.
Mr. Webster, Capten Mason, Mr. Woolcott, Mr. Welles.
The Jury : John White, Willia Lewis, Willia Wods-
worth, Tho: Osmor, Tho: Coleman, Mr. Hill, John Bys-
sell, Math: Graunt, Walter Fyler, Sa: Hales, John De-
mon, Phillip Groues.
In the action of Sarah Lord pi. agt Willia Venison* deft, the
Court adiudgeth the def^ to pay the pi. 14s. lOdf. damages &
costs of Court.
In the actio of Sarah Lord pi. ag' Nath: Watson def^ the
Court adiudgeth the said Watson to pay the pi. ten bush: of
Wheat & costs of Court.
John Truble accepteth of Math: Gryssell his Oath and is con-
tent to be accoumptable to him for 20 bush: of Wheate.
Will' Colefoxe, for his misdemeanor in laboring to inuegle the
affections of Write his daughter, is fyned 5Z.
In the action of Math: Gryssell pi*, ag* Tho: Olcoat deft, the
Jury find for the pl^e, That accoumpting the former judgement
* The entries which follow, in relation to the estates of John and Abraham Elsen, are in a
different hand writing from the rest of the page, and were probably made some weeks subse-
quently. The Inventory of John Elsen was taken May 16th.
♦ Vincent ■?
OFCONNECTICUT. 163
graunted Mr. Olcoat to be fully satisfied, the pi. is to receaue
backe 30Z. of the deft, and costs of Court.
In the action of Ed: Higby pi. ag* James Whatly deft, the
Jury find for the defen*, costs of Court.
In the ac. of Rich: Meaks pi. ag* Will' Lewis def*, the Jury
find for the pi. ten shillings damages & costs of Court.
The Constables are to make p''sentment of the brech of any
Orders.
[176] May the 18th, 1648.
Ed: Hopkins Esqf, Gou''.
Roger Ludlowe Esq"", Dep.
George Fenwicke Esq^", Magestrate ; Mr. Welles, M:
Tr[es^;] Jo: Heynes Esq^ M: Mr. Webster, M: Cap:
Mason, M; Mr. Woolcoate, M; Mr. Cullicke, i)i"; >Secr;
Mr. Howell, M: Mr. Cosmore, M:
[Deputy e s :'] Mr. Talcoate, Mr. Westwood, Andrewe
Bacon, Ed: Stebbing, Mr. Phelps, Mr. Allen, Mr.
Stoughton, Jo: Byssell, Mr. Trott, Linetenant Boosy,
Sa: Smith, Nath: Dickenson, Stephen Hart, Tho: Judde,
Andrew Waird, Mr. Taynter, Phillip Groues.
Whereas ther are certen farms to be sett forth vppon the
borders or wt^in the limitts of Fayerfield, It is Ordered, ther
shalbe no further pi'ceeding in takeing vp any grownd ther
aboute vntill it be vewed by some that shalbe appoynted by
such as shall keepe the next Court to be held att Fayerfield.
The motion made by Mr. Ludlowe, concerneing Moses
Wheeler for the keepeing the Ferry att Stratford, is referred to
such as shall keepe the next Court att Fayerfield, both in the
behalfe of the Country and the Towne of Stratford.
Wheras Dauid Prouost and other Dutchmen (as the Court
is informed,) haue sould powder and shotte to seuerall Indeans,
against the expresse Lawes both of the Inglishe & Dutch, It is
now Ordered, that if vppon examination of witnesses the said
defaulte shall fully appeare, the penulty of the lawes of this
Comon welth shalbe laid vppon such as shalbe found guilty of
such transgression, the w^hif such delinquents shall notsubiect
vnto they shalbe shipped for Ingland and sent to the Parlament.
164 PUBLIC RECORDS
It is Ordered, that Capten Mason shall goe to Long Hand
and to such Indeans vppon the Mayne as are tributaryes to the
Inglishe, and require the Tribuit of the, long behind & yet
vnpaid, and to take some stricte and righteous course for the
speedy recouering therof ; and it is judged equall and alowed
that he shall haue the on halfe for his paynes.
Mr. Wynthrope the younger is to haue Comission for to exe-
cute the place of a Magistrate at Pequoyt.
The Gouernour and Deputy are desiered to execute the place
of Comissioners for this Jurisdiction w*^ the Vnited Collines,
for the meeting in September and for on yeare, and in case
ether of the shalbe p^uented by sicknes or otherwise, Mr.
Welles is desiered to supply the place.
Hartford is to make and mayntayne the Bridge leading to
Farmington, w^i^in the libertyes of Hartford.
[177] June the first, 1648.*
Ed: Hopkins Esq"", Gc.
Mr. Webster, Mr. Woolcoate, Mr. Welles.
The Jury : Mr. Parke, Gregory Wilterton, John Barnard,
Richard Goodman, Rich: Olmstead, Mr. Pynny, Robert
Wynchell, Dauid Wilton, Will' Traull, Nath: Dicken-
son, Rich: Smith, John Edwards.
In the action of Carpenter pi*, agt Demon defS the Jury find
for the pi. 4/. damages & costs of Court. Execution d'd to the
pV this 30'" of March, 1650.
John Byssell is bownd in a Recognizance of 10/. and John
Bennitte of 20/. pi'uided that the said Bennit keepe good beha-
uior and appeare the next Court. He promiseth to acknow-
ledge his fault publiquely at Wyndsor.
John Moses, for miscaridges w^i^ Dauid Wilton his daughter,
fyned 20s.
* With the record of this Court, the official duties of Mr. Welles, as Secretary, terminated. The
fecord of the following session, is in tlie hand writing of Mr. (afterwards Captain) John Cullick,
Who had been chosen Secretary in May previous, and who continued in office until 1658.
op connecticut. 165
[178] Att a meeting of the Generall Courte in Hartford,
THIS 12'^i» DAY of July, 1648.
Whereas seuerall inconveniences doe appeare by reason that
the seuerall souldgers of the Trained bands, in each Towne
within this Jurisdiction, haue not beene allowed some powder
vppon theire training dayes, for their practice & exercise in
their seuerall firings : It is Ordered that theire shall bee allowed
to euery souldger in the seuerall Trained Bands in each Towne
as aforesaid, halfe a pound of powder a peece, for a yeare : and
so from yeare to yeare, for the future : to bee prouided by and at
the proper costs & chardges of the masters and gouerncs of
each familie vnto w^h the said souldgers doe belong, to bee
called forth, improued and disposed of, at the discretion of the
Captaine or other principall leaders in each Trained Band.
Att a Perticular Courte houlden in Hartford, the 7*^^
Septemb'', 1648.
Magistrates : Mr. Wells, Moderate ; Mr. Webster, Mr.
Woollcott, Mr. Cullick.
The Jury : Mr. Henry Woollcott, Jur : Will: Pantry,
Will: Leawis, Will: Gibbens, Rich: Buttler, John Ed-
wards, Sam: Hale, Sam: Smith Junio', Luke Hitchcock,
John More, Antho: Hawkins, Aaron Cooke ; Jur.
, George Chappell contra John Goodrich in an action of the
Case. Withdrawne.
Jeames Wakely pi*, contra Nath: Ward defends in an action
of the Case.
Mrs. Whiting pit, contra Jonathan Brewster defend^, in an
action of Debt, 33/. 18s. Damages 10/.
Nicho: Olmsted pi*, contra John Halls senior in an action of
the Case ; damages, 40s.
Tantom Heage, an Indian, plS contra Jeames Northam &
Robert Boltwood defend^s ; damages, 20/.
Jeames Northam plS contra Jeruis Mudge defend* ; dama-
ges, 30/.
Jeames Northam plS contra Jeruis Mudge defend*, in an ac-
tion of the Case ; damages 30s.
166 PUBLIC RECORDS
Jeruis Mudge plS contra Jeames Northam defend*, in an ac-
tion of the Case ; damages, 3/.
In the action of Nicho: Olmsted pi*, contra Jo: Halls defend*,
the Jury finds for the pi*, damages 5s. and costs of the Courte.
In the action of Tantom Heage, an Indian, pi*, contra Jeames
Northam and Rob*: Boltwood defend*^, the Jury finds for the
pi*, damages, 10/. and costs of the Courte.
In the action of Jeames Northam pi*, contra Jeruis Mudge
defend*, damages 30/. ; the Jury finds for the pi*, damages 3/.
and costs of the Courte.
In the action of Jeames Northam pi*, contra Jeruis Mudge
defend*, damages, 30s. ; the Jury finds for the pi*, damages,
12s. 6d. and costs of the Courte.
In the action of Mrs. Whiting pi*, contra Jonath: Brewster
defend*, the said Jonathan Brewster being called in Courte, or
Elias Parkman his p^tner, neither of them did appeare to answer
the action, wherby his Recogniscance is forfeitt.
In the action of Jeames Wakely pi*, contra Nath Warde de-
fend*, the action is deferred to the next perticular Courte, by
theire joint consent.
[179] Att a Generall Courte vppon the 14*^ day of Sep-
tember, 1648.
Magistrates : Mr. Wells, Moderato"", by Vote.
Mr. Woolcott, Mr. Webster, Mr. Cullick.
Deputyes: Mr. Steele, Mr. Taylecoat, Mr. Allyn, Mr.
Phelps, Mr. Clark, Mr. Westwood, Jo: Bissell, Andn
Bacon, Mr. Trott, Jeames Boosy.
The Courte is adiourned to the W^ day of October next, ex-
cept the Gouerno'' see cause to call it sooner.
Att a session of the Generall Courte, this 11*1^ day of
October, 1648.
Mr, Hopkins Esq', Goui^nor.
Mr. Ludlow Esq"-, Deputy.
OF CONNECTICUT. 167
Mr. Wells, Mr. Webster, Mr. Cullick.
Deputyes : Mr. Phelps, Mr. Allyn, Mr. Steele, Mr. Clarke,
Mr. Westwood, Jo: Bissell, Sam: Smith, Andrew Bacon.
Thomas Lord was called vppon for selling Lead to an Indian,
and he is to answer the next Courte.
The Courte is adiourned to the 8th Jay of November next.
[180] Att a Perticular Courte houlden in Hartford, this
17*^^ DAY OF October, 1648.
Edward Hopkins Esq^, Goumor.
Magistrates : Jo: Haynes Esq', Mr. Wells, Mr. Wooll-
cott, Mr. Webster, Mr. Cullick.
Jury : John Tailecoate, Nath: Warde, Will': Wads worth,
Andrew Bacon, Sam: Smith, Nath: Dickerson, Thomas
Coleman, John Demyn, Mr. Phelps, Mr. Clarke, Mr.
Allyn, John More.
Elias Partman contra Edward Lee, in an action of the Case,
damages, 405. Edward Lee is adiudged by the Courte to pay
to Elias Partman 20s. for a Cannooe Edward Lee acknowledg-
eth hee bought of Elias.
Judgment is graunted by the Courte to Jeames Northam and
Rob* Boltwood against Jeruis Mudge.
John Bissell contra John Hawkes in an action of the Case,
damages, 40s.
In the action of the Case, damages 405., bet: John Bissell pi*
and John Hawkes defends the Courte findeth for the defends
costs 35.
John Bissell complaines against John Bennett, for non
prformance of covenant with him.
John Drake complaines against John Bennett for saying he
had intised and drawne away the affections of his daughter.
John Griffin complaines against John Bennett for slaunder-
ing and defaming of him, by charging him with giuing in to the
Courte false euidence and testimonye.
John Bennett being called in Courte, S^geant Fyler appeared
168 PUBLIC RECORDS
in his behalfe, but would not answer to those things that were
complained of against Bennett.
George Chappell and Mathew Williams hauing forfeited
theire Recogniscance, the judgement is suspended till they
shall bee found or knowne to bee at the howse of Thomas Ford
or John Sadler : and the judgem<^ of the Courte is, that if either
George Chappell or Mathew Williams shall hereafter bee in
either of the bowses aforesaid, and the said Thomas Ford or
John Sadler shall not make it knowne to some of the Magis-
trates within 24 houres after theire or either of theire being in
theire bowses or either of theire bowses, they shall pay the Re-
cogniscance forfeite as aforesaid.
The distribution of the estate of Thomas Dewey, of Wynd-
sor, deceased, was by this Courte, as foUow^h :
To his Relict, 60/. . . . . . 60. 0. 0
To his eldest Sonne by name Thomas Dewy, 30. 0. 0
And to the other fiue children 20/. a peece, 100. 0. 0
190. 0. 0.
The daughters portion of 20/. to bee paid her at the age of
18 yeares, and the severall sonns portions to bee pd. to them at
the age of 21 yeares : the Relict giving in suffitient security to
the children, before her marriage againe, for theire severall por-
tions.
[181] October 17th, 1648.
Jury : Mr. Phelps, Mr. Clark, Jo: Demyn, Jo: More,
Srgt Fyler, Nath: Dickerson, Tho: Coleman, Sam:
Smith, John Hawkes.
In the action of Jeames [ Wahehj'] pi* contra Nath: Warde
defends the Jury finds for the defend* costs of the Courte.
The Courte adiudgeth Peter Bussaker, for his fillthy and pro-
phane expressions (viz. that hee hoped to meete some of the
members of the Church in hell ere long, and hee did not ques-
tion but hee should,) to bee coinitti d to prison, there to bee kept
in safe custody till the sermon, and then to stand in the time
thereof in the pillory, and after sermon to bee seuerely whipt.
. OF CONNECTICUT. 169
The Courte gaue order for an attachm*^ to issue forth vpon
the whole estate of Peter Bussaker, in whose hands soeuer, for
the security of his creditors.
William Vincent is adiudged by the Courte to pay 2s. 6d.
for neglecting his warde, and Nicho: Clarke is fyned 12d. for
concealing it.
The Courte giues Mr. Cullick order to administer vppon the
estate of his man Richard Sawyer deceased ; there being eui-
dence in Courte that Richard Sawyer said before his death that
hee would leaue all that hee had to the dispose of his Ma"^ Cul-
lick.
John Lord, Taylor, acknowledgeth himselfe bound in a Re-
cogniscance of 20/. to this Comon wealth, to carry good beha-
uio"" in his course of life ; and Thomas Lord his brother is his
security in that behalfe.
John Betts acknowledgeth himselfe bound to this Comon
wealth in a Recogniscance of 10/. to carry good behauiour in his
course of life, and Nicho: Olmsted is his security in that be-
halfe.
[182] Att a Session of the Generall Courte this 8^^ day
OF NoVEMB'', 1648.
Magistrates : Jo: Haynes Esq"", Moderator : Mr. Wooll-
cott, Mr. Webster, Mr. Cullick.
Deputies: Mr. Phelps, Mr. AUin, Mr. Clarke, Mr. Steele,
Andr: Bacon, Jo: Bissell.
The Courte being mett, was adiourned to the 6*^ day of De-
cember next.
Att a Session of the Generall Courte, this 6*^ of De-
CEMB'', 1648.
Edward Hopkins Esq^ Gou'^no'".
Magistrates: Mr. Wells, Mr. Woollcott, Mr. Webster,
Mr. Cullick.
Deputies : Mr. Phelps, Mr. Clarke, Mr. Trott, Mr. Allyn,
16
170 PUBLIC RECORDS
Mr. Taylecoate, Mr. Westwood, John Bissell, Sam:
Smith, Andrew Bacon, Nath: Dickerson, Jeames Boosy.
The Courte hauing taken into consideration the many occas-
sions that are in veiw at p^sent, and Hke to bee for the future, of
drawing away Corne from amongst vs, out of the Riuer, or in-
gaging of it aforehand to those that doe carry it out from
amongst vs, before the time of the payment of the Corne to
Mr. George Fenwick, for the Fortt Rate, that when diuers peo-
ple should pay to him, according to order, there corne is gone,
wherby Mr. Fenwick hath for the time past susteined some loss,
and may doe more for the future : — For the prevention whereof,
it is ordered, that the Treasurer shall send out warrants season-
ably to the Constables of each Towne vppon the Riuer within
this Jurissdiction, for the gathering or otherwise securing of the
aforesaid Corne for Mr. Fenwick, by the first of March ; that
it may bee in readines, when called for, according to order and
couenant, by Mr. Fenwick or his assigne ; and Mr. Wells for
Wethersfeild, Mr. Webster for Hartford, and Mr. Woollcott for
Wyndsor, are desired to call vppon the Constables in their seu-
erall Townes, for the returne of their warrants by the aforesaid
first of March.
It is ordered, that there shall bee a day of Humilliation kept
by all the Churches in this Jurissdiction, to seeke the face of the
Lord in the behalfe of his Churches, vppon this d9,y fortnight,
w^^ will bee the 20*^ day of this instant Decemb'".
The order concerning the price of Boards, is repealed.
The Courte is adiourned to the last Thursday in Jan'uary
next, being the 25^^ day thereof.
[183] The Perticular Courte, this 7'^ Decemb^, 1648.
Edward Hopkins Esq"", Gou'^no'".
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster,
Mr. Cullick.
Jury : Mr. Phelps, John Tailecoate, Will: Wads worth,
Andr: Bacon, S;im: Smith, Nath: Dickerson, Thomas
Coleman, John Demyn, Mr. Clarke, Mr. Allyn, Will:
Gibbens, John More.
OF CONNECTICUT. 171
The Courte adiudgeth Jeruis Mudge to pay to Jeames Nor-
tham and Robert Boltwood, for his pn of the damage they paid
to Tantotn Heage, if hee had 8 head of cattle trespassers, 37s.
6d. in good, dry, well-conditioned Indian Corne.
Mathius Trott acknowledgeth himselfe bound to this Common
wealth in a Recogniscance of 20/. and Thomas Burnham in a
Recogniscance of 10/. that hee the said Mathias Trott shall ap-
peare at the next Perticular Courte houlden in Hartford.
It is the judgement of the Courte that John Jennings should
serue Jeames Northam first, so long as hee couenanted with
him, and when his time is out with Northam, that then hee
should serue Stephen Harte in the next place.
The Courte frees John Betts and his security, and John Lord
and his security, for theire and either of theire Recogniscances,
for the good behauior of John Betts and John Lord aforesaid.
The Jury finds the Bill of Inditement against Mary Jonson,
that by her owne confession shee is guilty of familliarity with
the Deuill.
John Edmonds p^ contra the wife of Joshuah Jennings de-
fendS in an action of slaunder, damages 50/.
In the action of John Edmonds pi* contra the wife of Josh-
uah Jennings defend', the Jury finds for the plS 5/. and costs of
the Courte.
John Bennett appearing to answer the complt^ made against
[Jii?n] last Courte, and expressing his repentance, and promising
better carriage for the future, the Courte is willing once more
to pass by his corporall punishment ; and Will: Edwards ack-
nowledgeth himselfe bound to this Common wealth in a Recog-
niscance of 20/. that John Bennett shall carry good behauic in
his course of life for the space of halfe a yeare. The perticu-
lar Courte vppon the first of March, 1648, frees John Ben-
nett and William Edwards, his security, from theire Recog-
niscance for good hehauio^, as appeares hy the Records of
that Court:
The Courte frees Henry Palmer from his Recogniscance for
his wiues appearing at the last perticular Courte, to answer the
compl* of Mr. Robins : as also, remitt the miscariage of his
wife therein, hoping it will bee a warning to her and others for
the future.
172 public records
[184] The Perticular Courte, in Hartford, this 28*^
DAY OF Decemb'", 1648.
Edward Hopkins Esq^ Goufnor.
Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott,
Mr. Cullick.
Jury : Mr. Trott, Thomas Ford, John White, Nath : Ely,
Rich: Smith, Luke Hitchcock, Sam: Hale, Henry VVooU-
cott, Humphry Pinny, Dauid Willton, Walter Fyler,
Rich: Goodman.
John Willcock senior, pl^ contra Jeruis Mudge defend^ in an
action of debt, 7/.
Rich: Fellowes pi* contra Will: Vincent defend*, in an action
of debt and damages, 18s.
Richard Fellowes pi* contra Richard Coaker defend*, in an
action of debt and damage, 8s.
Jasp»' Gunn pi* contra Nicho: Olmsted defend*, in an action
of the Case, dainages 41s.
Beniamin Hilliar pi* contra Thomas Edwards defend*, in an
action of Slaunder, to the damage of 40Z.
Jeruis Mudge pi* contra Will: Colefax defend*, in an action
of debt and damages, 16/.
John Cullick pi* contra George Abbott defend* in an action
of debt & damages, 30s.
John Cullick pi* contra Jeruis Mudge defend*, in an action of
debt and damages 20s.
Jonas Wood of Long Hand pi* contra Thomas Newton of
Fairefeild, in an action of the Case, damages 150/.
Thomas Newton pi* contra Jonas Wood defend*, in an action
of the Case for breach of couenants, to the damage of 200/.
In the action betwene John Willcock senior pi* contra Jeruis
Mudge defend*, the Jury findes for the pi*, 7/. costs of the
Courte and wittnesses.
In the action betwene Beniamin Hilliar pi* and Thomas Ed-
wards defend*, the Jury findes for the defend*, costs of wit-
nesses.
In the action of Jeruis Mudge pi* and Will: Colefax defend*,
the Jury finds for the pi*, his bill, 13/. 16s., and costs of the
Courte.
OF CONNECTICUT. 173
In the action of Jasp"^ Gunn pi* contra Nich: Olmsted defend*,
the Jury findes for the defend*.
[185] In the first action of Jonas Wood pi* contra Thomas
Newton defend*, the Jury findes for the pi*, that the defend*
shall discharge or cause to bee discharged the bond that the pi*
and his frends lye under at the Monatoes, w<^h was to answer
the defend*^ ingagemt there, and to pay unto him 30/. besides,
and costs of Courte.
In the action of Thomas Newton pi* contra Jonas Wood de-
fend*, the Jury findes for the pi*. The defend* is to deliuer to
the pi* the two Cowes and the Steare, with theire increase if
any, and twenty shillings in wampum, according to the bargaine>
and if the said cattle cannott bee gott then the defend* is to
pay him 18/. and costs of Courte.
In the action of debt of John Cullick pi* contra George Ab-
bott defend*, the Courte findes for the pi*, 305.
In the action of debt of Capten John Cullick pi* ag* Jeruis
Mudge defend*, the Courte adiudgeth the defend* to pay twenty
shillings damadge to the pi*, and costs of Courte.
In the action betwene Rich: Fellowes pi* and Will: Vincent
defend*, the Courte adiudgeth the defend* to pay to the pi* 14s.
6d.
In the action of Rich: Fellowes pi* contra Rich: Coaker de-
fend*, the defend* not appearing to answer the action, the
Courte giues order for an attachm* to issue forth ag* his body.
Enoch Buck of Wethersfield acknowledgeth himselfe bownd
to this Comon wealth in a Recogniscance of 10/. toapp"" at the
next perticular Courte in Hartford. Enoch Buck appearing
at the Courte this first of March is freed from his Recog-
niscance.
John Russell seruant to Mr. Robins, acknowledgeth himselfe
bownd to this Comon wealth in a Recogniscance of 10/. to
make his appearance at the next perticular Courte in Hartford.
Beniamin Hilliar acknowledgeth himselfe bownd in a Recog-
niscance of 30/. and Sam: Smith senic in a Recogniscance of
20/. that the said Beniamin Hilliar shall make his appearance
at the next perticular Courte in Hartford & carry in the Inte-
rim good behauio'. He appearing at y' Covrte y' first of
March, they are freed from this Recogniscance.
16
*
174 PUBLIC RECORDS
Walter Leawis, seruant to M^s Hollister, acknowledgeth
himselfe bound to this Comoii wealth in a Recogniscance of
20/. and Mr. Trott in a Recogniscance of lOZ. that the said
Leawis shall app^ at the next perticular Courte in Hartford &
carry good behauio^,
John Bernard of Hartford is fyned 2s. Vid. for not appearing-
being called to serue vppon the Jury.
Dauid Willton of Wyndsor is fyned 2s. vi^., for not appear-
ing timely at the Courte, to serue on the Jury.
[186] Thomas Newton of Fairefeild acknowledgth himselfe
bound to this Comon wealth in a Recogniscance of 200/. that
hee will answer, truly performe and discharge the verdict of the
Jury in the action betwene Jonas Wood plS and himselfe de-
fend*, at or before the last day of Febr: next, and Henry Grey
and John Greene, both of Fairefeild are his security in the like
sum for his true performance thereof
And Jonas Wood of Long Hand ingages his interest in the
Recogniscance aboue written, that hee will truly performe and
discharge the verdict of the Jury in the action betwene Thomas
Newton plS and himselfe defend*, at or before the last day of
Febr: next.
A Session of the Generall Courte in Hartford this
25th Jan'-: 1648.
Edward Hopkins Esqi", Gou^'no''.
John Haynes Esq"".
Magistrates : Mr. Wells, Mr. Woolcott, Mr. CuUick.
Deputyes : Mr. Phelps, Mr. Clark, Mr. Trott, Mr. Allyn,
Sam: Smith, Nath: Dickerson, Mr. Steele, Mr. Tayle-
coat, Mr. Westwood, John Bissell, Jeames Boosy.
John Bissell vnd'-takes to keepe and carefully to attend the
Ferry ouer the great Riuer at Wyndsor, for the full tearme of
geuen yeares from this day, and that hee will provide a suffi-
tient Boate for the carrying over of horse and foott vppon all
occasions : And that if his owne occasions should necessitate
him at any time to goe out of call from his howse or Ferry,
that then hee will provide some able man in his roome to at-
OF CONNECTICUT. 175
tend that seruice ; for w^h the said John Bissell is to haue of
those that hee Ferryes ouer, eight pence for euery horse or
mare, and two pence for euery person that goes ouer therewith,
or that hath another passenger to goe ouer the said Ferry at
the same time ; and three pence for euery person that goes ouer
the said Ferry alone, single, or without any more thenhimselfe
at the same time. And the Courte prohibitts all other persons
(except the inhabitants of Wyndsor, who haue libberty to carry
ouer themselues or neighbor's in theire owne Canooes or Boates,)
from carrying ouer the said Ferry any passenger or passengers,
when the said John Bissell or his Assigne is present, or within
call of his howse or Ferry as aforesaid, to attend that seruice.
And if any person or persons as aforesaid shall at any time
during the aforesaid tearme, goe ouer by Indians or Inglish that
haue not Boates or Cannoes of theire owne, that they pass
ouer the said Ferry in, they shall as truly pay 8d. for euery
horse or mare, and 2c?. for euery person, as if they went ouer
with him. And the Courte allso giues the said John Bissell
liberty to releiue such strangers and passengers as cannot goe to
the ordinary, and to take of them convenient and reasonable
recompense for the same. This was consented to by John
Bissell in Courte.
It is Ordered that Thomas Stanton shall haue paid him
yearely by the Country, fiue pownds for his seruice in attending
the Courte, or any of the Magistrates, as occassion shall require
in any of the 3 Townes, Hartford, Wyndsor and Wethersfeild,
to interprett the Indian language : and hee is to bee considered
over and aboue, for his extraordinary seruice out of the said
Townes. This order to continue till the Courte sees cause to
the contrary.
There is a rate of 125/. graunted by y^ Courte, to bee deuided
as followeth :
Hartford, 35/.
10.
0
Long Hand, 05.
00.
0
Wyndsor, 24.
10.
0
Fairefeild & Stratford,20.
00.
0
Wethersfeild, 24.
00.
0
Seabrook, 08.
00.
0
25.
00.
0
Farmington, 08.
00.
0
100.
00.
0
100. 00. 0 Totall, 125. 00. 0
To bee p<i in 3 month.
176 PUBLIC RECORDS
The Court adiourned to 'y^ 2'^ Lecture in Hartford, in y®
month of March.
[187] The perticular Courte in Hartford this first of
March, 1648.
Edward Hopkins Esq"", Goui'nor.
John Haynes Esq"".
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster,
Mr. Cullick.
Juri/ : Mr. Westwood, Mr. Ollcott, Tho: Osmore, Tho:
Bull, Tho: Coleman, John Nott, Sam: Smith, Sam:
Bourman, Steph: Terry, Arthur Williams, Antho: Hawk-
ins, John Hawkes.
John Webb pi* contra Ralph Keeler defend*, in an action of
slaunder, damages, 10/.
John Webb pi* contra Ralph Keeler defend* in an action of
the Case, damages, 10/.
John Bennett pi* contra William Edwards defend*, in an ac-
tion of the Case, damages, 15/.
In the action of slaunder betwene John Webb pi* and Ralph
Keeler defend*, the Jury finds for the defend*.
In the action of the case betwene John Webb pi* and Ralph
Keeler defend* the Jury finds for the pi*, 4s. damage, and costs
of the Courte.
In the action of the case betweene John Bennett pi* and Will-
iam Edwards defend*, the Jury finds for the pi*, dainages 55*.
and costs of the Courte.
Nicho: Olmsted pi* contra Jeames Northam defend*, in an
action of the Case, damages 255. In the action of Nicholas
Olmsted pi* ag* Jeames Northam defend*, the Courte adiudg-
eth the pi* to pay to the defend*, costs 26'. v'ld. because hee
wanted witnesses to proceed in his action ag* the defend*.
Ralph Keeler freed John Webb in Courte from his Recog-
niscance to keepe the peace.
The Courte frees John Bennett and William Edwards his se-
curity, from theire Recogniscance for the said Bennetts good
behauior.
OF CONNECTICUT. 177
Beniamin Hilliar is fined 10/.
Walter Leawis is fined 405.
Rob* Rose is fined for his misdeameano"", 20s.
John Bishop is fined for his boasting of his lying and other
misdemeanors, 40s.
Thomas Osmore, for not coming seasonably to serue on the
Jury, is fined 5s.
Enoch Buck is fined 10s. for irregular speeches in Courte,
agt Robt Rose, when hee spake vppon his oath.
Rich: Skinner pi* contra Peter Bussaker defends in an ac-
tion of debt 24s. 5d.; the Courte finds the debt for the pi*.
[188] Mathias Trott, for making composition about a seruant
of Mr. Chesthers and concealing it when it was done, is adiudg-
ed by the Courte to pay to Mrs. Chesther, from the time that hee
did compound for him, w^h they conceiue was about the first of
March, to the time that Mr. Chesther sent againe for him, be-
ing about the latter end September, in all about 7 months time^
3s. pj" weeke.
Wallter Leawis acknowledgeth himselfe bound to this Comon
wealth in a Recogniscance of 20/. and Mr. Trott in a Recog-
niscance of 10/. that the said Walter Leawis shall carry good
behauior and appeare at the particular Court in June next.
Samuell Comstock acknowledgeth himselfe bound to this
Cofnon wealth in a Recogniscance of 10/. and Bray Rosseter
in a Recogniscance of 20/. that the said Samuell Comstock
shall carry good behauior for the space of ten dayes, and then
the said Bray Rossiter shall either bring him the said Samuell
Comstock to prison and leaue him in chardge with the keeper
thereof, or bring him to Mr. Woollcott with such security as
hee shall accept for his good behauior for longer time, and for
his satisfying what damage Mr. Robins shall susteine for the
want of his seruant.
' Beniamin Hilliar acknowledgeth himselfe bound to this Comon
wealth in a Recogniscance of 20/. and Thomas Wright in a
Recogniscance of 10/. that Beniamin Hilliar shall pay his fyne
of 10/. when it is required, and carry good behauio^ for the
space of one whole yeare.
John Bishop acknowledgeth himselfe bound to this Coinon
wealth in a Recogniscance of 30/. and John Halls Junior in a
178 PUBLIC RECORDS
Recogniscance of lOl., that if notice bee giuen to John Halls
betwene this and the first Thursday of June next, the said John
Bishop shall appeare then to answere the complaint of the
Indians against him.
William Comstock acknowledgeth himselfe bound to this
Comon wealth in a Recogniscance of 10/. and Mr. Trott and
Samuell Smith Junior in a Recogniscance of 5/. a peece that
the said William Comstock shall appeare at the perticular
Courte, vppon the first Thursday in June next, and carry good
behavic in the meane time.
Georg Phillips of Wyndsor, by reason of seuerall weaknesses
that for the present attend him, is freed from watching till the
Courte sees cause to the contrary.
[189] A Session of the Generall Courte in Hartford,
THIS Mtt March, 1648.
Edward Hopkins Esq', Gournc^.
John Haynes Esq"",
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster,
Mr. CuUick.
Deputyes : Mr. Phelps, Mr. Clark, Mr. Trott, Mr. Allyn,
Mr. Steele, Mr. Tailecoat, Mr. Westwood, Jeames
Boosy, Sam: Smith, Nath: Dickerson, Andr: Bacon,
John Bissell.
The Court desires Mr. Wells and Mr. CuUick to draw vp in
writing the whole agreement with Mr. Fenwick, an'd Mr. Hop-
kins, about Seabrooke, and that the counterpart thereof vnder
Mr. Hopkins his hand, may bee kept and recorded by the Sec-
retary of the Courte.* Also, it is orderded that the Consta-
bles in each Towne shall each of them take a receipt vnder
Mr Hopkinses hand for so much as is allready paid him, and so
euery yeare for such sums as they shall hereafter pay him, in
reference to the aforesaid agreement : and shall make returne
thereof euery yeare to the Secretary of the Courte, who is to
keepe and record the same, for theire security.
* See p. 119, [135.] The agreement waa not recorded until 1654. [Vol. ii. pp. 59-63.]
OF CONNECTICUT. 179
Mr. John Wenthrop of Pequet was voted to bee in nomina-
tion for election to the place of a magistrate.
Whereas by the 6'^ Article in the Combination of the Vni-
ted Colonyes, in cases proper to the Comissioners, if six agree
not, the propositions with the reasons is to bee referred to the
foure Generall Courts, and by theire joint agreement to bee de-
termined, It was now recommended by the Commissioners to
the seuerall Generall Courts, that if any three of the said Gen-
erall Courts agree and conclude any such proposition, it might
pass and bee accounted as the conclusion of the vnited Colo-
nyes, as it should haue passed as an Act of the Comissioners if
six of them had consented ; w^h being duely considered, it was
consented to and ratified by the Courte, prouided the Generall
Courts of the other Colonyes doe the like.
It was further, vppon the recomendation of the Comission-
ers, ordered by this Courte, that no peage, white or black, bee
paid or receiued, but what is strung, and in some measure strung
gUtably, and not small and great, vncomely and disorderly mixt,
as formerly it hath beene.*.
Whereas allso, It was recomended by the Comissioners, that
for the more free and speedy passage of justice in each Jurissdic-
tion to all the confederates, if the last will and testament of any
person bee duely prooued in, and duely certefied from any one
of the Colonyes, it bee without delay accepted and allowed in
the rest of the Colonyes, vnless some just exception bee made
against such will or the proouing of it, w^h exception to bee
forthwith duely certefied back to the Colony where the said will
was prooued, that some just course may bee taken to gather in
and dispose the estate without delay or damage. And allso,
that if any knowne planters orsetled inhabitants dye intestate,
administration bee graunted by that colony vnto w^h the de-
" Vppon the motion of Mr. Dunster, President of the Colledge at Cambridge, consideracon
was had about paym'ts made and received in peage, whether white or black. The Comission-
ers were itjformed tliat the Indyans abuse tiie Engli^h with mucli badd, false and untini>hed
peage and thai the Enghsh Traders, after it conies to their hands, choo.'-e out whatt fitts their
nrrl<elts and occasions, and leaue the refuse to pass to and fro in their Colonies : w,h tlie In-
dyans. whoe best understand the quality and defects of peague will not willingly lake back.
Whereupon, ((hough they see not at present how lo propound a full reforinacon in all p'rticu-
lars w'thout much ditlieulty and inconvenience, yet) they commend it lo the severall Generall
Courts and to the Flantacons within the Vnited folonie.=. that noe peague, white or black, be
1 ayd or received, but what is strung," &c. (Kecords of U. Colonies, Sept. 1648.;
180 PUBLIC RECORDS
ceased belong, though dying in another colony : and the ad-
ministration being duely certefied, to bee of force for gathering
in of the estate in the rest of the colonyes, as in the case of
wills prooued where no just exception is returned. But if any
person possessed of an estate, who is neither planter nor setled
inhabitant in any of the Colonyes, dye intestate, the adminis-
tration (if just cause bee found to giue administration) bee
graunted by that Colony where the person shall dye and depi't
this life, and that care bee taken by that Gouernm* to gather in
and secure the estate vntill it bee demaunded, and may bee de-
liuered according to rules of justice : — w^^ vppon due consider-
ation was confirmed by this Courte, in the behalfe of this Col-
ony, and ordered to bee attended in all such occasions for the
future ; prouided the Generall Courts of the other Colonyes
yeild the like assent therevnto.
(Court dissolued.)
[190] A Perticular CouRTE, IN Hartford, 24th Aprill, 1649.
Edw: Hopkins Esq', Gou^'no'".
John Haynes Esq'.
Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott,
Mr. Cullick.
Jur]/ : Thomas Forde, Joseph Mygatt, George Steele,
John Marsh, Sam: Martyn, John Lattimore, Sam: Hale,
Tho: Parkes, Rob* Winchill, Rich: Birge, John Loomis,
Thomas Orton.
William Hurlebutt pi* contra Jeames Wakely deft, in an ac-
tion of the Case, dammages 395.
Sammuell Steele pl^ contra John Steele defend*, in an action
of debt, 28s., dammages 65.
Jeames Northam pi' contra George Chappell defend', in an
action of the Case.
John Steele pi' agt Nathaniell Kellock defend', in an action
of debt and dammages, 39s.
John Willcock pi' contra Jeames Wakely defend', in an ac-
tion of the Case, dammages, 6s.
John Willcock senior pi' contra Jeames Wakely defend', in
an action of the Case, dammages 25s.
OF CONNECTICUT. 181
Mathew Marven pi* contra Mathew Beckwith defends in an
action of defamation, damages 50Z.
Richard Fellowes pi' contra William Hill defend in an action
of debt and damages, 395.
William Bartlitt and Edward Higbye being called in this
Courte to appeare vppon theire Recogniscances, and not ans-
ering therevnto, haue both of them forfeited the same.
In the action of the Case betweene William Hurlebutt pi* and
Jeames Wakely defend^, the pl^ falling shorte of his wittnes, is
to loos his sute.
In the action of debt betweene Samuel Steele pU and John
Steele defend*, the Courte findes for the plS 345.
In the action of the Case betweene Jeames Northam pi* and
George Chappell defend*, the defend* not appearing to answer
the pi*, the Courte orders an attachm* to issue forth vppon his
two calues in the hands of the plaintiff, for his security vntill the
defend* shall answer his sute.
In the action betweene John Steele pi* and Nathaniell Kellock
defend*, the Courte adiudgeth those of Farmington that haue not
yet paide the pi* theire proportion for the drum hee sould them,
to pay double theire proportion, if they doe not satisfie the pi* for
the same according to covenant, before the next Courte.
[191] In the action of the Case betweene John Willcock pi*
and Jeames Wakely defend*, the Courte adiudgeth the defend^
to pay vnto the pi*, 45. 4d.
In the action betweene John Willcock, senior, pi* and Jeames
Wakel} defend*, the defend* hauing satisfied the debt allready,
the Courte adiudgeth him to pay the pi*, I6d. costs.
In the action of defamation betweene Mathew Marven pi*
and Mathew Beckwith defend*, the defend* making hispublick
penitent confession of his euill in slaundering the said pi*, was
remitted by the Courte and pi*.
In the action betweene Richard Fellows pi* and William Hill
defend*, the defend* not appearing, the Courte adiudgeth him
to pay the pi* the debt and costs I6d.
Mr. Newton prooued in Courte that Peter Bussaker owes him
the just and full sum of - - - 21. 55. 0.
Joseph Mygatt, Ditto, - - 0. 9. 0.
Thomas Forde, Ditto, - - 3. 0. 2.
17
182 PUBLIC RECORDS
Rich: Billing, Ditto, - - 0. 17. 0,
John Cullick, Ditto, - - 0. 10. 6,
Mr. Wells, . . . o. 13. 0.
John Nott, for resisting Nathaniell Dickerson when hee came
with a warrant to distreine, was fined - - 505.
John Kerby, for the like, is fined - - . 205.
Rob* Slye, for exchanging agunn with an Indian,' is fined lOZ.
Georg: Hubberd, for ye same, is fined, - - lOZ.
John West, for the same, is fined - - lOl.
Peter Blatchford, for y^ same, is fined - - 10/.
Nicholas Clarke ingages himselfe to deliuer vp his man Vin-
cent vnto the Courte, when his time is out with him, w^^^ he
saith will be about Miheltide next.
The Courte and Mr. Robins frees Samuell Comstock and
Bray Rosseter from both and either of theire Recogniscances
in Courte vppon the first of March, 1648.
Peter Blatchford made oath in Courte, that at the latf end of
the last yeare, hee deliuered aboard of Chichesters vessell to
Mr. Blackleach, by y^ order of Jaruis Mudge, for the acco* of
Rich: Belden, six bush: of wheat and three of pease.
Thomas Bunce acknowledgeth himselfe bound to this Com-
mon wealth, in a Recogniscance of 5/. provided hee appeare at
the perticular Courte vppon the first Thursday of June next,
and carry good behauiorin the meane time.
[195] A Perticular Courte in Hartford, the 16*^^ day of
MAY, 1649.
Edward Hopkins Esq"^.
John Haynes Esq"^.
Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott, Mr.
Cullick.
Jury : Grego: Willterton, Nath: Ely, John Bissell, Thomas
Standly, Thomas Standish, Sam: Smith Junior, John
Rose, John Rily, John Drake, Humphry Pinny, Thomas
Gunn, Peter Tillton.
John Bissell pi* contra Jeames Egleston defend*, in an action
of the case, dammages 395.
OFCONNECTICUT. 183
Mr. Ollcott pi* contra Thomas Edwards defend*, in an action
of debt and dammages, 39s. 6c?.
Richard Fellows pi* contra Stephen Beckwith defend', in an
action of debt and dammages, 305.
William Frauncklyn pi* contra Thomas Barber defends in
an action of debt and dammages, 6/.
William Frauncklyn pi* contra Beniamin Nuberry defends
in an action of debt and dammages; 45/. The pi' is non-suited
and to allow 13s. 4d. costs.
Beniamin Nuberry pi* contra William Frauncklyn defend^
in an action of slaunder, to the dammage of 10/.
Nehemiah Olmsted pi* contra Richard Lyon defends in an
action of the case, to the dammage of 12/.
Mr. Ollcott pi* contra Sammuell Gardiner defends in an ac-
tion of debt and dammages, 12/.
Bray Rosseter pi' contra Mr. Henry Woollcott senior, de-
fend*, in the behalfe of the creditors of Thomas Marshfeild, in
an action of trespass, to the dammage of 12/.
William Leawis pi* contra Thomas Dement defends in an
action of slaunder, to the dammage of 50/.
William Leawis pi* contra Thomas Dement defends in an
action of the case, to the dammage of 3/.
Thomas Dement pi* contra William Leawis defends in an
action of slaunder, to the dammag of 51/.
Thomas Dement pi* contra William Leawis defend*, in an
action of the case, dammages 10s.
Gregory Willterton, Nathaniell Ely, Arthur Smith, are each
of them fined 5s. a peece for not appearing seasonably to serue
vppon the Jury.
[196] In the action betweene John Bissell pi* contra Jeames
Egleston defend*, the Courte findes for the defend*.
In the action betweene Mr. Ollcott pi* and Thomas Edwards
defends the Courte adiudgeth the defend* to pay to the pi* 40s.
In the action of Richard Fellows pi* ag* Stephen Beckwith
defend*, the defend* not appearing in Courte to answer his sum-
mons, The Courte hath ordered an attachm* to issue forth vppon
his person to answer the pi*, the next Courte.
In the action of William Frauncklyn pi* ag* Thomas Barber
defend*, the Jury findes for the pi*, 4/. 2s, 6c?. to bee pd. in
184 PUBLIC RECORDS
wheat at 45. p"^ bush:, and costs of the Courte, w^h the Courte
adiudgeth 205.
In the action betweene Beniamin Nuberry pi* and Wil-
liam Frauncklyn defend^, the Jury findes for the pi*, dammages
2d. and costs of the Courte, w^^ the Courte adiudgeth to bee
10s.
In the action between Nehemiah Olmsted pi* and Richard
Lyon defend*, the Jury finds for the plS dammages 111. and
costs of the Courte.
In the action betweene Mr. OUcott pi* and Samuell Gardiner
defend*, the Jury findes for the pi*, his debt of 7/. lis. 8d. dam-
ages 30s. and costs of the Courte.
In the action betweene Bray Rosseter pi* and Mr. Henry
Woollcott defend*, the Jury findes for the pi*, damages 3/. 125.
and costs of the Courte.
Thomas Barber testified this day in Courte, vppon oath, that
hee being in William Frauncklyns howse last Septembi", and the
said Frauncklyn speaking to him of Mr. Nuberry's debt, hee
tould the deponent that hee had left that debt with Thomas
Forde, to doe in it with Nuberry as hee saw cause.
Robert Hay ward allso testified this day in Courte vppon oath,
that hee being occassionally in William Frauncklyns howse, the
said Frauncklyn tould him that hee had left the debt w^h Ben-
iamin Nuberry owed him, with Thomas Forde.
Mr. Wells made it appeare in Courte that Peter Bussaker is
indebted to him 135.
[197] William Bartlitt not appearing in Courte, being called,
hath forfeited his Recogniscance of 20/. and Edward Higbye^
his security, for not bringing him in, hath forfeited his Recog-
niscance of 10/.
Gouert Locman not appearing in Courte, bein^ called, hath
forfeited his Recogniscance of 200/. Sterling ; And Cornelius
Vantino and Gisberd Vandict, his security, for not bringing in
the said Gouert Lockman, haue forfeited theire Recogniscance
of 200/.
William Clarke, being called in this Courte to appeare vppon
his Recogniscance of 10/. and not answering therevnto, hath
forfeited the same.
of connecticut. 185
[192] At a meeting of the Freemen of the Jurissdiction
OF Connecticutt, for the choyce of Magistrates, the
17th OF May, 1649.
Magistrates :
John Haynes Esq^, is chosen Gou'■no^
Edward Hopkins Esq^, Deputy Gounio''.
Rogr Ludlow Esqr, Magist7-ate. Mr. Webster, Magisf.
Mr. Wells, Magisf and Treas- Mr. CuUick, Magisf and Sec.
urer. Mr. Howell, Magisf.
Mr. Woollcott, Magisf. Mr. Cossmore, Magisf.
Capt. Mason, Magisf.
Deputyes : Mr. Taylecoate, Mr. Steele, Mr. Phelps, Mr.
Aliyn, Mr. Gayler, Mr. Clarke, Mr. Trott, Edward Steb-
bing, Andrew Bacon, Jeames Boosy, Nath: Dickerson,
Sam: Smith senior, Danyell Tuterton, John Hurd, Mr.
George Hull, Mr. Andrew Ward, Steph:Harte, Thomas
Judd, John Clarke, Mathew Grisswold.
Cary Lathum being to appeare this day at this Courte vppon
his Recogniscance, and the Courte being certefied from Mr.
Wenthrope of the said Lathums p^sent inabillity to trauell, they
doe respitt the forfeit of his said Recogniscance, provided hee
appeare at the Courte heere vppon the first Wednesday of July
next.
Isaac Wylly and Cary Lathum are to bee warned to the
Courte the first Thursday in June, for resisting the Constable :
and allso Robert Beadle and the aforesaid Cary, for letting an
Indian goe that was committed to theire charge.
Vppon the desire of the inhabitants of Pequet, for theire in-
couragement it is Graunted by this Courte, that they shall bee
freed from all publick Country charges, (except such as are oc-
cassioned by themselues,) for the space of three yeares next
ensuing :
It is allso Graunted, that the bounds of the plantation of Pe-
quett shall be foure myles on each side the Riuer, and six myles
from the sea northward into the Country, till the Courte shall
see cause and haue incouragement to add therevnto, provided
they interteine none amongst them as inhabitants that shall bee
obnoxious to this Jurissdiction, and that the aforesaid bounds bee
not distributed to less than forty familyes ;
17*
186 PUBLIC RECORDS
And for the setling of some way for the deciding of small dif-
ferences amongst them, vnder the value of forty shillings, It is
ordered by this Courte, that Capt. Mason shall haue power to
ciue the oath of magistracy to John Wenthrope Esq', for the
[193] yeare ensueing, || and vntill a new bee chosen, whoe shall
haue power (taking vnto himselfe Thomas Mynott* and Samuell
Lathrop, as Assistants,) to heare and determine the same ; pro-
uided if any bee greiued, they shall haue libberty to appeale to
the Courte at Connecticutt, if they haue just cause so to doe :
And the Courte will indeauor to take order with Vncus, that
no trapps shall bee sett by him or any of his men, within the
bounds of theire Towne : But to prohibitt and restraine Vncus
and his men from hunting and fishing within theire limmitts,
they doe not yett see cause to doe ; For no Indians are depri-
ued of that libberty in any of o' Townes, provided they doe it
not vppon the Sabath day :
This Courte allso taking into consideration theire proposition
for the restraining of others from trading Corne with the Indians
within theire Riuer, They doe declare that they cannott re-
straine any therfrom whoe Hue in and are members of any of the
Vnited Colonyes ; and for others, It is vnder the p-'sent consid-
eration of the Commissioners :
The Courte commends the name of Faire Harbour to them,
for to bee the name of theire Towne.
Whereas, It is now come to the certeine intelligence of this
Courte, that one Hallitt, with one that was Mr. Pheax his wife,
are now come into, and Hues in the Plantation of Pequett, and
(as is conceiued) hath committed in other places, and so lines
at this present, in that fovvle sin of adultery, w^h is odious to
God and man, and therfore this Courte cannott but take notice
of it ; It is therfore ordered, that there bee a warrant directed
to the Constable of the same Towne, to ap'hend the said par-
tyes, and to bring them vpp to the next perticular Courte in
Hartford, w«=h will bee vppon the first Thursday of the next
month ; and the GouernC is desired to write to Mr. Wenthrope
and acquaint him with it.
As allso that a like warrant shall bee directed to the Constable
• An error of the original record. The name should be Mynor or Miner,
OF CONNECTICUT. 187
there for the aprehending and bringing vpp to the next perticu-
lar Courte, Mary Barnes of iheire Towne.
Thomas Mynott is appointed by this Courte to bee a miUtary
Sergeant in the Towne of Pequett, and doe inuest him with
power to call forth and traine the souldgers of that Towne, ac-
cording to order of Courte.
[194] Tnis Courte, taking into consideration the proposition
of the Towne of Fairefeild, about a percell of land bought by
them of the Indians, that it mighte bee settled vppon them for
theire inlargement, doe desire and appointe Danyell Titterton
and John Hurd of Stratford to suruey and veiw the said percell
of land, and consider therevpon how convenient it is for them
and inconvenient for this Comon wealth, to haue the said prem-
isses setled vppon the said Towne of Fairefeild, and make re-
turne thereof to the next Session of this Generall Courte, that
they may the better know what is to bee done therein.
The Deputy Gouernor and Mr. Wells are desired to execute
the place of Commissioners for this Jurissdiction with the Vnited
Colonyes, at theire meeting in July next, and for the yeare
ensuing.
William Leawis and Isaack More are presented for Sergeants,
by the Deputyes of Farmington, as chosen by the souldgers :
and are approued by the Courte : and are to call forth and
traine the souldgers at the dayes appoynted.
It is ordered, that there shall bee a dwelling howse erected at
Seabrooke, about the middle of the new Forte Hill, at the
charge and for the seruice of this Common wealth. And Capt.
Mason, Mr. Taylecoate and Jeames Boosy are desired to take
care about it, and to see the thinge effected, according to theire
best discretion.
The Courte declares that the twenty pound that is now re-
quired of the Townes of Fairefeild and Strattford, is in full of
all accounts for theire proporcon of country charges to this
time.
Concerning Mr. Blackmans meintenance, Mr. Ludlowe is
desired (both for what is behinde, as allso for the future,) to take
care that it bee leuied, according to the seuerall seasons, as is
provided by the order of the Country.
It was reported by the Comittee appointed for the laying out
188 PUBLIC RECORDS
of the lands vppon the Riuer, according to agreement with Mr,
Fenwicke, that those of Seabrooke shall runn, in theire deuision
of land on the east side the Riuer, from the Riuer eastward,
fiue myles ; and northward vpp the Riuer, on the east side, six
myles : And on the west side the Riuer, northward eight myles.
The Court is adiorned to the first Wednesday in June next.
A Session of the Generall Courte in Hartford, the 6*^ of
June, 1649.
John Haynes Esq"", Gou''nor.
Edward Hopkins Esq^, Deputy.
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster,
Mr. Cullick.
Dejmtyes: Mr. Phelps, Mr. Gaylerd, Mr. Steele, Mr.
Trott, Mr. Clarke, Mr. Taylecoate, Mr. Allyn, Edward
Stebbing, Jeames Boosy, SaiTi: Smith, Andrew Bacon,
Nath:Dickerson, Steph: Harte, Thomas Judd.
This Courte being informed (by the Committee appointed to
take care about the erecting of a dwelling howse at Seabrooke,
aboute the middle of the new Forte Hill, at the charge and for
the seruice of this Common wealth,) that there is a want of the
hands and abillityes of men of seuerall trades, and labourers, for
the carrying on and effecting of the premisses in any reasona-
ble time, doe order that it shall bee lawfull for any Magistrate
within and of this Jurisdiction, to send out warrants for the
pressing and compelling of such men to worke vppon the prem-
isses, as they shall bee informed to bee fittest and most able to
carry on the worke till the same bee effected and compleated,
for such wages as the said Magistrate that giues his warrants
shall judge meete, any order formerly provided for the regula-
ting of mens wages to the contrary notwithstanding.
For the better preseruing corne and meadow on the east side
of the great Riuer ; It is ordered by this Courte, that there
shall no hoggs or swyne of any sorte bee put ouer thither, or
kept there, at any time after the publishing of this order, except
they bee kept out of the bounds of the seuerall Townes, or in
theire yards, vnder the penalty of two shillings a head for euery
OF CONNECTICUT. 189
hogg or swyne, for euery time they shall bee found there con-
trary to this Order.
The Courte appoints Thomas Hollibutt of Wethersfeild.
Clarke of the Trained Band of that Towne.
[198] Vppon reading the Acts of the Commissioners for the
vnited Colonyes at the meeting held at Plymouth the last seu-
enth month, It was obserued that in the agitacon of the differ-
ence betwixt the Massachusetts Colony and this, in reference
to the imposition required from Springfeild, vppon some goods
passing out at the mouth of this Riuer, towards the charge ex-
pended at Seabrooke, tending to the good of all the plantacons
vppon the Riuer, It was questioned by the Commissioners of
the Massachusetts whether there were any order of this Courte
extant, for the payment of any imposition by goods ap^taininge
to the inhabitants of Springfeild, brought from thence and so
passing downe this Riuer. The Courte doth declare that by
express order, of the 5*^ Feb"", 1645, all corne laden aboard any
vessell vppon this Riuer and passing out to sea at the Riuers
mouth, was to pay two pence p^" bush : in the forementioned
respects ; and Beauer twenty shillings p"" hogshead ; wherein as
Springfeild was intentionally included, so this Courte had due
respect therevnto as then considered vnder the Massachusetts
Gouernement, that no greater burthen mighte fall vppon those
inhabitants then according to cleare grounds of equity and
righteousnes, in theire best aprehensions, they ought readily to
submitt vnto, and was equal 1 for them to beare ; and no more
then they should haue expected to bee imposed vppon them-
selues in the like case ; which order hath beene since confirmed,
and a penalty of confiscation of such goods annexed in case of
non-payment : the execution whereof in refen nee to our breth-
ren of Springfeild, hath only beene deferred vntill the judgement
of the Commissioners of the other CoUonyes mighte bee under-
stood in the premisses, according to the Articles of Confoedera-
tion, wherin provision is made for deciding of any differences
that might fall in betwixt any of the Colonyes ; wherevnto they
referred themselues in this case, allthough they are yet allto-
gether vnsatisfied that Springfeild doth properly fall in within
the true limmitts of the Massachusetts Pattent, w^h they much
190 PUBLIC RECORDS
desire may with all convenient speed bee clearly issued in a way
of loue and peace, and according to truth.
This was voted to bee recorded and sent to the next meeting
of the Comissioners, as the Act of this Courte.
[199] A Perticular Courte in Hartford 7*^ June, 1649.
John Haynes Esq'", Gou'^nor.
Edward Hopkins Esq"", Deputy.
Magistrates : Mr. Welles, Mr. WooUcott, Mr. Webster,
Mr. Cullick.
Jury : Sam: Smith, Nath: Dickerson, William Wads-
worth, John Crow, John Bernard, Thomas Selden, An-
tho: Hawkins, William Heydon, Danyell Clarke, George
Phelps, Josias Churchell, John Goodrich.
Thomas Newton pi* contra John Capell, in an action of debt
8/. and dammages, Al.
Henry Grey pi* contra Jonas Wood defend*, in an action of
defamation, to the dammage of 50/.
William Edwards pi* contra Richard Samwis and Stephen
Tayler, in an action of the case, damages, 10/.
William Edwards pi* contra John Bennett defend', in an ac-
tion of slander, to the dammage of 5/.
William Leawis pi* contra Thomas [Dement'] defend*, in an
action of slaunder, to the dammage of 50/.
In the action betweene Thomas Newton pi* and John Capell
defend*, the Jury findes for the pi*, debt, 8/. and 2d., and dam-
mages 40s. and costs of Courte. Execution graunted and
deliuered the 21"" of May, 1650.
In the action betweene Henry Grey pi* and Jonas Wood de-
fend*, the Jury findes for the pi* dammages, 3/.
In the action betweene William Edwards pi* and Richard
Samwais and Stephen Tayler, defend*^, the Jury findes for the
pi* 5/. 5s. and costs of the Courte. Execution deliuered to him
the 7'^ ofNovemb", 1649.
In the action of slaunder betweene William Edwards pi* and
John Bennett defend*, the Jury findes for the defend*, and costs
of the Courte.
OF CONNECTICUT. 191
In the action of slaunder betweene William Leawis pi* and
Thomas Dement defend^ the Jury findes for the defend*, and
costs of the Courte.
William Edwards is fyned, for drawing wine contrary to
order of Courte, 30s.
The Courte graunts execution to John Bennett ag* William
Edwards, according to the verdict of the Jury at the Courte
houldenthe first of March, 1648-9.
The Courte graunts execution to William Francklyn ag*
Thomas Barber, according to the verdict of the Jury at the
Courte houlden the 16*^ day of May, 1649.
The same is graunted to Beniamin Nuberry agt Francklyn.
[200] Sainuell Pond complaines agt Jonas Westouer for mis-
deameanor.
Jonas Westouer acknowledgeth himselfe bound to this Com-
monwealth, in a Recogniscance of 20/. and John Bissell and
Robert Haward in a Recogniscance of 10/. a peece, provided
the said Westouer appeares at the perticular Courte in Sep-
temb"" next and carry good behauio' in the meane time.
The Courte appoints Mr. Webster to goe to Stratford to assist
Mr. Ludlow at the perticular Courte there, next Thursday come
fortnight, in the execution of justice.
William Comstock, Mr. Trott and Sam: Smith Junior, are
either of them freed from theire and either of theire Recognis-
cances for the said Comstocks appearing at this Courte.
Walter Leawis and Mr. Trott his security are freed from
either of theire Recogniscances, for the said Walter his appear-
ing at this Courte.
This day there was presented to this Courte the last will and
testament of John Porter, late of Wyndsor, deceased, and the
Inuentory of his estate.
Cary Lathum, of Pequett, acknowledgeth himselfe bound to
this Common wealth, in a Recogniscance of 40/. provided hee
appeare at any place within this Jurisdiction haueing reasona-
ble warning soe to doe, at any time within this six months, and
carry good behauior in the meane while.
William Bartlett acknowledgeth himselfe bound to this Com-
mon wealth, in a Recogniscance of 20/. and Cary Lathum, in
a Recogniscance of 20/. that the said William Bartlitt shall ap-
192 PUBLIC RECORDS
peare at the perticular Courte vppon the first Thursday in Sep-
temb'' next, and cairy good behauic in the ineane while.
Jonas Woods bond to the Dutch, hee deUuered into this
Courte, wch was cancelled by order thereof, and the Seer, ap-
pointed to certefie the same vnder his hand.
Jonas Wood complaining to this Courte that by reason of
Thomas Newtons failing to performe the verdict of the Jury,
according to agreement at the Courte in Hartford, vppon the
28th of Decembs 1G48, hee was forced, to his great loss and
dammage, to satisfie his bond at the Monatoes himselfe ; This
Courte adiudgeth to bee due to the said Jonas Wood from the
said Thomas Newton, according to the aforesaid verdict and
dammages, —
For his bond at the Dutch, being 400 Gilders, 38/. 00. 0.
For so much the Jury adiudged Newton to
pay him more then the bond, . . 30. 00. 0.
For the charge & dammage about it, . .10. 00. 0.
78. 00. 0.
out of w^h the Courte discounts the 18/. w^h Wood was to pay
Newton, by the verdict of the Jury, vppon an action of New-
tons agt Wood, the same day : so there remaines to Wood
sixty pounds. Execution graunted.
[201] A Perticular Courte in Hartford, the 6*^ of Sep-
TEMB"^, 1649.
John Haynes Esq'", Gouerno"".
Edward Hopkins Esq"", Deputy.
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster^
Mr. Cullick.
Juiy : Mr. Westwood, John White, Nathaniell Ely,
George Graue, John Lattimore, John Rily, Thomas
Hollibutt, Luke Hitchcock, Will: Gayler Junior, Will:
Phelps Junior, Walter Fyler, Robert Haward.
Thomas Osrnore pi* contra William Cornewell defend', in an
action of the case, to the damage of 4/.
Richard Buttler pit contra William Cross defend*, in an ac-
tion of the case, to the damage of 6/.
OF CONNECTICUT. 193
Mrs. Chester pU contra Wallter Leawis defend*, in an action
of defatnation, dammages, 10/,
Sam: Gardiner pl^ for himselfe, Thomas Edwards and the
Widdow Louenam, contra Thomas Osmore defend*, in an ac-
tion of Trespass, to the dammage of 41.
Mathias Trott pi* contra John Coleman defend*, in an action
of slaunder, to the dammage of 50/.
Mr. Henry Woollcott, senior, pi* contra Bray Rossiter de-
fend*, in an action of the case, to the dainage of 12/.
John Bissell pi* contra Richard Fellows defend*, in an action
of the case, to the dammage of 40s.
Owyn Tuder pi* contra William Edwards defend*, in an
action of debt, to the value of 20/.
Corbitt Piddell pi* contra Thomas Stanton defend*, in an ac-
tion of the case, concernins; two cures, to the dammage of 6/.
Jeames Wakely pi* contra Thomas Skidmore and Edward
Higby defend*^, in an action of slaunder, to the dammage of 20/.
Thomas Stanton pi*, contra Joane Sipperance, in an action
of slaunder, to the vtter vndoinge of his wiues good name and
allmost taking away her life, to the dammage of 200/.
Joshuah Jennings, for not watching one night, and other ill
carriages to the Constable, is to pay for the watchman in his
roome, and is fyned, 2s. \\d.
Jeames Wakely, for some defects in wattching, is fined 25.
y'\d.
Henry Coale, for sleeping in y^ time of his watch, is fyned
105.
Nathaniell Barding, for the same, is fined lOs.
Timothy Mercer, of Wyndsor, is fined, for a pound breach,
405.
[202] In the action betwene Thomas Osmore pi* contra Will-
iam Cornewell defend*, the Jury findes for the pi*, debt 205.
damages 135. 4d. and costs of the Courte.
In the action betwene Richard Buttler pi* and William Cross
defend*, the Jury findes for the pi*, 4/. 55. in wampum, and costs
of the Courte. Execution dd to y' pl\ y' 15"^ of May, 1650.
In the action betwene Mrs. Chesther pi* and Wallter Leawis
is defend* the Jury finds for the pi*, 205. and costs of y<^ Courte.
In the action betwene Sammuell Gardiner pi* and Thomas
18
194 PUBLIC RECORDS
Osmore defend*, the Jury findes for the pi*, 20 bush: of Indian
corne, two bush: of Indian Beanes, and costs of y^ Courte.
Execution d'd 14'* of May, 1650.
In the action betweene Mathias Trott pi* and John Coltmaa
defends the Jury findes for the plS 305. and costs of y^ Courte.
In the action betweene Mr. Woollcott pi* and Bray Rossiter
defend*, the Jury findes for the defend*, costs of the Courte.
In the action betweene John Bissell pi* and Richard Fellows
defend*, the Jury finds for the defend*, costs of the Courte,
In the action betweene Owyn Tuder pi* and William Ed-
wards defend*, the Jury findes for the pi*, 15 barrills of Tarr
and 4/. \0s. and costs of the Court e. Execution granted, to
issue forth within 14 dayes.
In the action betweene Corbitt Piddell pi* and Thomas Stan-
ton defend*, the Jury findes for the pi*, 20s. and costs of the
Courte. Execution graunted to bee pi^sent.
In the action betweene Jeames Wakely pi* and Thomas
Sckidmore and Edward Higby defend*^, the Jury findes for the
pi*, damages 2c?. and costs of the Courte, w^h the Courte al^
lowes to bee 9s. Sd.
In the action betweene Thomas Stanton pi* and Joane Sib-
perance defen*, the Jury findes for the pi*, 30s. and costs of the
Courte.
The Courte appointes the eldest Sergeant of the Trained
Band at Wethersfeild, to call forth and exercise the same ac-
cording to order of Courte, for the present, and that they should
make choyce of one amongst them for theire Leiftenant, and
p^sent him to the Courte.
[203] Mrs. Chesther complaines against George Chappell and
Goody Coleman and Danyell Turner, for misdeameano^s.
Danyell Turner, for libelling against Mrs. Chesther and for
other misdemeano'^s, is committed to prison, and is to bee
brought forth and whipt next Lecture day, and then to goe to
prison againe for a month from this time, and then publickly
corrected againe, and giue good security for his good behauior.
Thomas Willkenson, for disorderly carriage in the meeting-
howse, vppon the Saboath day, is to bee committed to prison
till the Courte sees cause to free him.
OF CONNECTICUT. 195
Thomas Rushmore, for the same crime, is committed allso
with the former.
This Courte frees Jonas Westouer and his security from
theire and either of theire Recogniscances, for Westouers ap-
pearance and good behauio^
Thomas Burnham acknovvledgeth himselfe bound to this Com-
wealth in a Recogniscance of 10/. that Rushmore, his man,
shall appeare at the next perticular Courte, and carry good be-
hauic in the meane time.
Gregory Gibbs acknowledgeth himselfe bound to this Comon
wealth in a Recogniscance of 20Z. and Thomas Parkes in a
Recogniscance of 10/. that the said Gibbs shall carry good be-
hauio"" for the space of halfe a yeare next ensuing.
The Judgment of the Courte is that Walter Leawis should
giue Mrs. HoUister good security to the value of 30/. before hee
goes from her, that what dammage shee shall susteine for want
of his seruice shall bee made good and paid to her, if hee doth
not make it appeare in a reasonable time, that hee is not bound
to serue her any longer then vntill this time.
William Bartlitt of Pequett is freed from traineing, by reason
of his lamenes, prouided hee notwithstanding meinteine his
armes as complete and able for seruice as they should bee if
hee did traine.
[204] A Generall Courte in Hartford, the 13*^ of
September, 1649.
John Haynes Esq^ Gou^nor.
Edward Hopkins Esq^, Deputy.
Magistrates: Roger Ludlow Esq^, Mr. Wells, Mr.
WooUcott, Mr. Webster, Mr. CuUick.
Deputijes : Mr. Taylecoate, Mr. Steele, Mr. Trott, Mr.
Allyn, Mr. Phelps, Mr. Gayler, Mr. Clarke, Mr. Warde,
Andrew Bacon, Edward Stebbing, Sam: Smith, Nath:
Dickerson, John Demon, Thomas Staples, absent, Steph:
Harte, Will: Beardsly, absent, Thomas Sherratt, absent.
This Courte frees John Rockwell senior and John Styles
196 PUBLIC RECORDS
senior, from watching and training, and Mr. Brancker from
watching and wardinge and traininge.
This Courte taking into consideracon the many dangers that
the family es of Thomas Holcombe, Edward Grisswold, John
Barthtt, Francis Grisswold and George Grisswold, all of Wynd-
sor, are in and exposed vnto, by reason of their remoate lining
from neighbors and nearenes to the Indians, in case they should
all leaue theire families together without any guard ; doth free
one souldger of the foremenconed families from training vppon
euery training day ; each family aforesaid to share herein ac-
cording to the number of souldgers that are in them : provided
that man wh tarryes at home stands about the aforesaid bowses
vppon his sentinell posture.
It is ordered by this Courte, that whosoeuer shall take out any
warrant from the Secretary thereof, that concernes an action,
shall, before hee hath a warrant, enter his action with the
Secretary and then take out his warrant for summons to answer
the same, for w^h they shall pay for euery entry twelue pence,
and for euery warrant foure pence, though they agree with their
defendts before the Courte. Allso, if any other magistrate
shall graunt a warrant that concernes an action, they shall en-
ter the action in a small booke for that purpose before they
graunt the warrant, and shall make a due returne at euery
Courte to the Secretary thereof, what such warrants, and to
whome, they haue graunted. And all such persons shall bee as
lyable to pay twelve pence for euery such action, to the Sec-
retary of the Courte, as if they should haue had theire warrants
of him.
It is allso ordered, that whosoeuer shall enter into any Re-
cogniscance in Courte, shall pay to the Secretary of the said
Courte for euery entry, six pence ; and before hee withdrawes
it or bee freed from it, shall pay him for the withdrawing of it,
twelue pence.
Whereas by reason that the order about watching hath not
beene rightly vnderstood, many differences and inconveniences
haue beene occasioned. For preuenting thereof, this Courte
doth explaine themselues and order ; that whosoeuer within this
Jurissdiction that are lyable to watch, shall take a journey out
of the Towne wherein heeliueth, after hee hath had timely notice
OF CON^fECTICUT. 197
and warning to watch, hee shall provide a watchman for that
turne, though himselte bee absent. And if any man that takes
a journey, or goes out of the Towne wherein he liueth, if hee
returnes home within a weeke after the watch is past his howse
hee shall bee called back to watch that turne past a weeke be-
fore.
[205] Jespar Gunn, of Hartford, is freed from watching during
the time that hee attends the seruice of the mill.
This Courte, taking into serious consideracon what may bee
done according to God in way of reuenge of the bloude of
John Whittmore, late of Stanford, and well weighing all circum-
stances, together with the carriages of the Indians (bordering
therevppon,) in and about the premisses : doe declare themselues
that they doe judge it lawfull and according to God to make
warr vppon them.
This Courte desires Mr. Deputy, Mr. Ludlow and Mr.
Taylecoate to ride to morrow to New Hauen, and conferr with
Mr. Eaton and the rest of the Magistrates there aboute sending
out against the Indians, and to make returne of their apprehen-
sions with what convenient speed they may.
The Courte is adiourned to next Tuesday at noone.
A Session of the Generall Courte in Hartford, the
18^1^ September, 1649.
Whereas the French, Dutch and other forraigne nations doe
ordinarily trade gunns, powder, shott etc. with the Indians, to C
great preiudice, and the strengthening and animating of the In-
dians against vs, as by dayly experience wee finde ; and where-
as the aforesaid French, Dutch etc. doe prohibitt all trade with
the Indians within theire respectiue Jurissdictions, vnder penal-
tye of confisscation ; It is therfore hereby ordered, that after
due publication hereof, it shall not bee lawfull for any French-
man, Dutchman or person of any other forraigne nation, or
any English liuing amongste them or under the gouernment of
them or any of them, to trade with any Indian or Indians with-
in the limmitts of this Jurissdiction, either directly or indirectly,
by themselues or others, vnder penalty of confisscation of all
such goods and vessells as shall bee found so trading, or the due
18*
198 PUBLIC RECORDS
value thereof, vppon just proofe of any goods or any vessells
so trading or traded : And it shall bee lawfull for any person or
persons inhabiting within this Jurissdiction to make seizure of
any such goods or vesells trading with the Indians as by this
law is prohibited ; the one halfe whereof shall bee to the proper
vse and benefitt of the partye seizing, and the other to the pub-
lick :
This order, vppon the recomendation of the Coinissioners to
the Generall Courtes of the seuerall Jurissdictions was confirm-
ed by this Courte.
[206] The distribution of the souldgers that shall issue forth of
each towne, is as followth :
Hartford, . . . 13
Wyndsor, . . 11
Wethersfeild, . . 08
Fairefeild & Stratford, 13
45.
The Comittee chosen by the Courte for the ordering of the
setting forth of theise souldgers for ammunition and provision,
are as followth : —
Magistrates. Mr. Haynes, Mr. Hopkins, so farr as his buis-
ines shall p'mitt, Mr. Wells, Mr. Webster.
Deputys. Mr. Allyn, Mr. Taylecoate, Sam: Smith senioi".
Mr. Ludlow was desired to take care for preparing the sould-
gers with provisions and all other necessaryes for the designe in
the two * Townes : and Mr. Hull and William Beard-
sley are chosen to assist therein.
In the case of Thomas Newton pi* against John Cabell de-
fendt the execution of the judgement is to bee suspended vntill
the Courte of Election in May, to w^h Courte the defend* doth
appeale, and the pi* is to haue notice to appeare at the said
Courte to answer the appeale.
Gouert Lockman appeared at this Courte and desired an
issue might bee put to his buisines : hee was tould that notwith-
standing the forfeit of his bond, yet if hee could make it ap-
pear that hee was hindred by a hand of God, and that there
was not a willing neglect of his owne, his case should bee taken
* A blank in the original. The words omitted were probably ' sea side'.
OP CONNECTICUT. 199
into due consideration ; wherevnto hee said little, onely pro-
fessed his innocency in not selling any powder or shott to Indi-
ans, but onely the quantity of a pound wch hee once gaue to a
Sachem. Hee was allso tould that if hee would enter into a
bond to a double valew of what his last was, payable by him in
case euident proofe were produced, and that vppon Christian
testimonye, (w^h hee called for,) that hee is vnder greater guilt
then hee yett will acknowledge, by that mischieuous trade, the
former ingagement should bee remitted ; w<=h hee refusing, the
Courte further propounded to him either to pay the whole for-
feiture or to enter into bond to appeare at the Courte in May to
answer the charge against him, and to submitt to what shall
bee found uppon tryall by suffitient testimonye, and hauing so
done, the halfe of the forfeiture should bee remitted him. The
said Gouert not attending the propositions made by the Courte,
but after the adiournement thereof, applying himselfe to the
Gouerno'' for an issue, hee condisscended by way of agreement
to pay one hundred pounds, provided hee might not bee ingag-
ed to abide the tryall of the case ; w*^^ was accepted by the
Gouerno'', and the said suiTi receiued.
The Courte is adiourned to the 10'^ day of the next month.
[207] A Session of the Generall Courte in Hartford,
THE 10*^^ OF October, 1649.
John Haynes Esq"^, Gouerno'.
Edward Hopkins Esq^ Deputy.
Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott,
Mr. Cullick.
Deputy es : Mr. Phelps, Mr. Trott, Mr. Clarke, Mr. Allyn,
Mr. Taylecoate, Mr. Steele, Edward Stebbing, Sam :
Smith, Nath: Dickerson, Steph : Harte, John Demon,
Andrew Bacon.
It is ordered by this Courte, that the 100/. w<=h is receiued of
Gouert Lockman, shall bee sequestred and reserued for the per-
fecting of the Forte and worke about the same, so farr as it
will goe, and that none of it shall [6e] expended vppon any
other country or common respect.
200 PUBLIC RECORDS
Mr. Hopkins, Capt: Mason, Mr. Cullick, Mr. Allyn and Mr.
Taylecoate are desired to prosecute with effect the worke that
is still to bee done aboute the Forte and dwelling howse to bee
erected for the vse and seruice of the Country, according to
former order of Courte.
It is ordered that Thomas Stanton shall bee allowed and
paide fiue pounds for the seruice hee did in interpreting the In-
dians language the yeare before the last order for his receiuing
the like yearely recompence for the future.
The Courte is adiourned to this day month.
A Session of the Generall Courte, this 7*^^ of
NoVEMSr, 1649.
John Haynes Esqi", Gouerno''.
Edward Hopkins Esq^ Deputy.
Magistrates: Mr. Wells, Mr. Woolcott, Mr. Webster,
Mr. Cullick.
Deputyes : Mr. Phelps, Mr. Trott, Mr. Clarke, Mr. Gay-
ler, Mr. Allyn, Mr. Taylecoate, Edward Stebbing, Sam:
Smith, Andrew Bacon, Nath: Dickerson, John Dement.
It is ordered that a warrant shall issue forth to the Constable
of Pequet, to repaire forthwith to Chessbrooke of Long Iland»
and to let him vnderstand that the Gouernm^ of Connecticutt
doth disslike and distaste the way hee is in and trade hee doth
drive amonge the Indians : And that they doe require him to
desiste therfrom immediately : And that hee should repaire to
Capt. Mason of Seabrooke, or some other of the Magistrates
vppon the Riuer, to giue an account to him or them of what
hee hath done hitherto.
It is further ordered, that East Hampton, of Long Hand, shall
bee accepted and interteined vnder this Gouernment according
to their importunate desire.
This Courte graunts Sam: Smith and the rest of the owners
of the shipp at Wethersfeild, libberty to get and make so many
pipestaues as will freight out the said shipp the first voyage^
provided they doe it out of the bounds of any of the Townes
vppon the Riuer, within this Jurisdiction.
The Courte is adiourned to this day month.
OF CONNECTICUT. 201
[208] A Session of the Generall Courte in Hart-
ford, THE 5th of December, 1649.
John Haynes Esq^, Gou'^no'".
Edward Hopkins, Esqr, Deputy.
Magistrates : Mr. Woollcott, Mr. Webster, Mr. CuUick.
Deputyes : Mr. Phelps, Mr. Allyn, Mr. Trott, Mr. Steele,
Mr. Clarke, Sam: Smith, Nath: Dickerson, Andrew
Bacon, Edward Stebbing, John Dement, Steph: Harte.
There being a petition presented to this Courte, by some of
inhabitants of Stratford, complaining against theire way of
rating, the Secretary of the Courte is appointed to write to the
Constable of Stratford that hee should acquaint the Towne
of Stratford with the same, and that the Courte requires the
Towne to take order that either theire Deputyes or some others
may come prepared to the next Courte of Election in May, to
speake to that case.
It is ordered by this Courte, that there shall bee a publick day
of Thanksgiving kept by all the Churches within this Jurissdic-
tion that may bee seasonably acquainted therewith, vppon this
day fortnight.
The Courte is adiourned to the first Wednesday in February
next.
[209] A Perticular Courte in Hartford, the 6*^ of De-
CEMBi^, 1649.
John Haynes Esq"", Goumor.
Edward Hopkins Esq^, Deputy.
Magistrates : Mr. Wells, Mr. Woolcott, Mr. Webster,
Mr. Cullick.
Jury : William Gibbens, Nath: Dickerson, John Bissell,
Sam: Bourman, Sam: Smith, Dauid Willton, Luke
Hitchcock, WilUam Wadsworth, Thomas Bull, Thomas
Bunce, John More, Antho: Hawkins.
Thomas Burneham p^ contra John Bennett defend^ in an
action of debt, to the value of 3Z. 105.
John Sadler p^ contra John Bennett defend^ in an action of
debt and damages 50s.
William Colefax pl^ contra John Sadler defend*, in an action
of the case, to the damage of 4/.
202 PUBLIC RECORDS
William Houghton pi* contra Jeruis Mudge defend^ in an
action of debt to the value of 6/. 10s.
John Hudshon pi* as attorney to Sampson Shorye contra
Will: Williams, in an action of debt and damages 8/.
Jeames Wakely pi' as attorney to Stephen Day contra
Thomas Sckidmore defend^ in an action of debt and dammages,
111. 10s.
Thomas Demon pit contia Sammuell Martyn defend', in an
action of the case to the damage of 10/.
Jeruis Mudge pi' contra Edmund Scott defend', in an action
of the case to the damage of 39s.
Richard Samwis pi' contra Thomas Barly defend, in an ac-
tion of debt to the value of 5/. The defend' appeares not :
And the pi' did not prooue that the warrant was serued.
Sammuell Gardiner and Thomas Edwards pl'^ contra Ben-
iamin Hilliard in an action of the case to the dammage of 3Z.
10s. The defend' not appearing, the Courte graunts an attachm'.
John Sable pi' contra Jeruis Mudge defend', in an action of
debt to the value of 44s. dammages 15s. The defend' is to put
in security to answer the pi', next Courte.
This Courte doth sequester the howse, homelott and meadow
of the relict of Abraham Elsing, now the wife of Jaruis Mudge,
wch is mentioned and valued in the Inuentory of Abraham El-
sing's estate at 40Z. 8s., for the vse and benefitt of the two
daughters of the said Abraham Elsing ; and the whole rent af
the aforesaid premisses shall bee reserued for the vse of the
said children, from this present yeare vntill the Rent of the said
land shall make vpp the said 40/. 8s. to bee two thirds of the sum
of the whole estate that the said Inuentory doth ammount vnto.
[210] In the action betweene Thomas Burnham pi', and John
Bennett defend', the Jury findes for the pi', debt and damage
1/. 18s. 2c?. and costs of the Courte.
In the action betweene John Sadler pi' and John Bennett
defend', the Jury findes for the pi', debt and damages, \l. lis.
2d. and costs of the Courte. Execution deliuered to the Mar-
shall, the W' January, 1649.
In the action betweene William Colefax pi' and John Sadler
defend', the Jury finds for the pi', damages 10s. and costs of the
Courte.
OF CONNECTICUT. 203
In the action betweene William Houghton pi* and Jaruis
Mudge defend*, the Courte grauntes the pi* right to the cowe
w<=h the defend* had formerly spuld him, in satisfaction for the
debt.
In the action betweene John Hudshon pi* and William Wil-
liams defend*, the Jmy findes for the pi*, debt and damages 8/.
and costs of the Courte. Execution graunted in 14 dayes, and
deliuered, the S"* /an'", (49.)
In the action betweene Jeames Wakly pi* and Thomas
Sckidmore defend*, the Jury findes for the pi*, debt and dam-
mages, 15/. 10s. and costs of the Courte. Execution graunted
the 7"" of March (49.) and deliuered the 8'* day of y^ same month.
In the action betweene Jaruis Mudge pi* and Edmund Scott
defend*, the Court adiudges the defend* to pay the pi* 10s.
In the action betweene Thomas Demon pi* and Samuell
Martyn defend*, the Jury findes for the pi*, debt and damages
41s. and costs of the Courte. Execution graunted in a week.
Grego: Gibbs and his security are freed from theire and either
of theire Recogniscances for the said Gibbs his appearance at
this Courte and good behauior.
John Jennings, for his filthy and prophane speeches and car-
riages, is adiudged to lye in prison till next Thursday morning
after the Catechising, and then to bee publickly whipt, and so
returne to prison againe for a month after that, except hee finde
bayle to appeare when hee is called for againe to receiue second
correction, w<=*» the Courte appoints and thinkes meete to bee
next Thursday come month, excepte the Gouerno"" judges the
weather vnseasonable.
Joane Sipperance is adiudged to pay double for the lace shee
stole, and three fold for the time she absented herselfe from her
mai's seruice.
S''geant Barber, for his disorderly striking Leiftennant Cooke,
is adiudged to lay downe his place, and is fined to the Country, bh
Richard Webb is fined for not appearing at this Courte sea-
sonably to serue on the Jury, 2s. vie?.
[JVote. Here terminate tlie Court Records, contained in Volume I. The remainder of the
volume consists of records of Wills and Inventories, and of conveyances of land and lay-outs of
grants to individual proprietors. Volume II. contains only the proceedings of the General
Court, — and from the period at which it commences, to June, 1663, the Records of tlie Particu-
lar Court or Court of Magistrates, (including the Probate Records,) have been lost.]
204 PUBLIC RECORDS
[volume II.]
A Session of the Generall Courte, 6^^ of FebJ", 1649.
John Haynes Esq'^, Gou'^no''.
Edw: Hopkins Esq"", Deputy.
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster,
Mr. Cullick.
Deputyes ; Mr. Phelps, Mr. Clarke, Mr. Allyn, Mr. Steele^
Mr. Taylecoat, Sam: Smith, Nath: Dickerson, John
Deming, Edw: Stebbingi Andr: Bacon.
It is ordered by this Courte that Nehemiah Olmsted bring in
to the Secretary a receipt vnder Mr. Hop[kins] his hand, in
full for this yeares payment of that [ ] proportion laid vppon
Farmington in reference to thb composition for Seabrooke by
the first of the next month, and if hee failes so to doe, Mr.
Treasurer is desired to send t^e marshall to distreine the said
Olmsted. /
The same is to bee done fori Jonathan Gillett and Tho: Buck-
land of Wyndsor, for the yeafe 1647.
And for the yeare 1648, Will: Phelps and Will: Hey [ton]
of Wyndsor are required to doe the same with the former, or
else pay it themselues.
The same allso is to bee done by John Hawkes and Tho:
Orton of Wyndsor, for the yeare 1649.
This Courte appointes Sam: Bourman of Wethersfeild, to bee
the Towne sealer of all measures and weights in that Towne,
according to order of Courte.
It is ordered by this Courte, that Will: Rescew shall bee
allowed and paid out of the publique Treasury, ten pounds a
yeare during the time hee keepeth the charge of the house of
correction.
This Courte, taking into consideracon the petition of Tho:
Staunton presented to them, haue graunted to him and doe
order, that hee shall haue libberty to erect a trading howse at
Pawcatuck, with six acres of planting ground, and libberty of
feed and mowing, according to his present occasions : and that
OF CONNECTICUT. 205
none within this Jurisdiction shall trade within that Riuer for
the space of three yeares next ensuing ; provided hee submitt
himselfe to such other exceptions and cautions as the Gouerno^
and Deputy shall judge meett.
The Courte is adiourned to the 20*^1 of next March.
[2] A Session of the Generall Courte, this 20^11 of march,
1649-50.
[John] Haynes Esq^, Gouerno^
[Edw:] Hopkins Esq^, Deputy.
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster,
Mr. Cullick.
Deputyes : Mr. Phelps, Mr. Taylecoat, Mr. Trott, Mr.
Clarke, Mr. Allyn, Sam: Smith, Nath: Dickerson, Andr:
Bacon, John Deming, Edw: Stebbing.
Robert Haward, miller of Wyndsor, is freed from seruing
vppon Juryes during his attendance vppon the mill.
The order about the wages of men and cattle is repealed.
Allso, the order about the prises of all corne is repealed ;
whereby all persons are left at libberty to make theire bargaines
for corne, provided where no price is agreed betwixt persons,
corne shall bee payable according to the former order, that is
to say, wheat at 45., pease at 35., rye at 35. and Indian at 25.
vie?, pr bush :
The answer of the Courte to the petitioners in Saybrooke is
to bee recorded : and the Comittee appointed to attend further
what they shall desire, is as followth; — The Gournc, Mr. Wells,
Mr. Webster, Mr. Steele, Mr. Allyn and Sam: Smith, and such
other as they shall see cause to call to them : The answer
followth : —
The petition from the Inhabitants of Saybrook, presented by
Mathew Grisswold and Tho: Leppingwell, being read and con-
sidered, the Secretary was directed to returne the ensuing
answer :
Though the Courte yett see not any convincing strength of
argument in the reasons alleadged to induce either an allteracon
19
206 PUBLIC RECORDS
in theire judgement touching the equity of what is imposed, or
a necessity of leauing the determinacon thereof to others, (the
purchase or agreement mentioned not being carried on wholy
without the knowledge or consent of the Inhabitants there,
vnles the end be severed from the meanes, w^'^ prudence for-
bids, the interests of that place as really concerned therein as
the other plantacons, and in some respects more, the pretence
of this Courts passing sentence in theire owne case, excluding
all the inhabitants of the Riuer from a capabillity of acting
therein, and vppon the same ground making all Courts vncape-
able in many cases of determining by themselues what may
concerne theire peace and comforts, without a forraigne assist-
once, — the vncomelines, yea, and vnreasonableness whereof is
easily obvious,) — yet this Courte, for the further satisfaction of
the petitioners are content to giue them full libberty to present
in writing any arguments or reasons they haue to lead theire
judgements in the present case, w^h shall bee taken into due
and serious consideracon, and either owned in theire strength,
(if they appeare convincing,) or a returne made therevnto in
[3] writing, if the validity bee dissatisfactory ; H wherein the
Courte shall not deny them any libb[erty they] desire of taking in
the aprehensions of others, (not [ ] concerned in the
case,) for theire owne reliefe and [satis] faction : being no wayes
vnwilling theire actions should bee brought to the light and
judged by it, but ever re[sol]ued to give due respect to any
beame thereof that [may] bee presented by any, when it shines
in its beauty : But in the meane time they advise the petition-
ers to adress themselues to a ready observacon of what is impo-
sed, vntill the Courte see cause to make another judgement in
the case.
This Courte adds to the Committee chosen to prosecute the
worke about a dwelling howse at Seabrooke, at the Courte
vppon the 10*^ of October, 1649, Stephen Post and Thomas
Traisy, of Seabrooke : —
And Sammuell Smith senior, of Wethersfeild, to the Comittee
about the lands at Mattabeseck, in the roome of Jeames Boosy,
This Courte appoints that next Wednesday come seuen-night
shall bee kept a publique day of humilliation throughout all the
plantacons in this Jurissdiction, to seeke the face of the Lord.
OF CONNECTICUT. 207
Mr. Clarke, of Wyndsor, is propounded by the Deputyes of
that Towne to bee in nomination for a Magistrate, at the next
Courte of Election.
The Courte is dissolued.
[4] A Generall Courte of Election, the 16*** of May,
1650.
Edward Hopkins Esq^, Gouerno''.
John Haynes Esq'", Deputy.
Roger Ludlow Esq., Mag. Mr. CuUick, Mag. (^ Sec''.
Mr. Wells, Mag. ^ Treasurer. Mr. Clarke, Mag.
Capt. John Mason, Mag. Mr. Howell, ) chosen
Mr. Webster, Mag. Mr. Cossmore, ) Magisf.
Mr. WooUcott, Mag.
Deputyes : Mr. Trott, Mr. Hull, Mr. Gaylerd, Mr. Steele,
Mr. Taylecoate, Mr. Allyn, Mr. HoUister, Mr. Warde,
Nath: Dickerson, John Bissell, Andr: Bacon, Edw: Steb-
bing, Dauid Willton, John Deming, Will: Beardsly, Tho:
Sherratt, Steph: Harte, Tho: Tomson, Tho: Birchard,
absent, Nath: Griswold, absent.
This day there were made Freemen of this Jurisdiction,
John Wenthrope Esq^, Mr. Jonathan Brewster, Mr.
John Russell, John Pantry, Natha: Cooke.
It is ordered by this Courte that no Forreigner, after the 29th
of September next, shall retaile any goods, by themselues, in
any place within this Jurissdiction : nor shall any Inhabitant
retaile any goods w^h belong to any Forreigner, for the space of
one whole yeare after the said 29*^1 of September next, vppon
penalty of confiscation of the value of the one halfe of the goods
so retailed, to bee paid by the seller of them.
The Courte is adiourned till Munday next.
The pi'sentments of the Grand Jury vnto this Courte are
vppon the fyle : w^ were fyned by the perticular Courte vppon
the 20ti> of Febf, 1650, as appeares by the Records of that
Courte.
208 PUBLIC RECORDS
[5] A Session of the Generall Courte, the 21*^ of May,
1650.
Edw: Hopkins Esq"", Gouernoi".
John Haynes Esq^, Deputy,
Magistrates : Roger Ludlow Esqf, Mr. Wells, Mr. Web-
ster, Mr. Woollcott, Mr. Cullick, Mr. Clarke.
Deputyes : Mr. Taylecoat, Mr. Steele, Mr. Warde, Edw:
Stebbing, Mr. HoUister, Andr: Bacon, Nath: Dickerson,
Will: Beardssly, Tho: Sherratt, John Dement, Steph:
Harte, Tho: Tomson.
This Courte takinge into serious consideracon, the losse of
time that the souldgers pressed vppon the last expedition against
the Indians, might sustaine by theire depending therevpon, doe
allowe to the common souldgers 6s. Qd. a peece, and the ser-
geants 105. a peece.
This Courte graunts execution to Newton against John Cable,
according to the judgm* entred the 7*^ of June, 1649.
This Courte, considering the Returne of Danyell Titterton
and John Hurd, about a percell of land lying neare the Towne
of Fairefeild, according to theire order from the Generall Courte
of Election, in May, 1649, doe graunt vnto the said Towne of
Fairefeild the said percell of land to Sagatuck Riuer : provided
the said Sagatuck doe not exceed two myles from the bounds of
the said Fairefeild.
Whereas, a thousand acres of ground at Pequett were for-
merly graunted to Capt: Mason, as a gratuity for his good ser-
vice at the Pequett warr ; fine hundred whereof hee gaue to fiue
of his well deserving souldgers, w^h now the plantation of
Pequett hath taken vp at the graunt of the Courte ; this Courte
judgeth it meete that those fiue souldgers should bee rationally
recompensed and satisfied for the same, either at Niantecutt
(if the Courte shall not finde it deepely inconvenient to the
Common wealth or the Plantacon of Pequett,) or else in some
other place or way.
This Courte vppon request made, adds to the bounds of the
plantation of Pequett, two myles from the Sea northward, vppon
the same tearmes and cautions that theire former bounds were
graunted. And to theire proposition for a further addition of
OF CONNECTICUT. 209
meadow, wh they desire may bee at Niantecutt, this Courte
declares that when the said Niantecutt is veiwed, and it doth
appeare to the Courte that they may be accommodated there,
[6] according to theire desire, || and yet this Common weahh
suted allso (as was suggested by some interested in the said
Towne of Pequett,) they shall attend theire reasonable satisfac-
tion therein.
Will: Rescews bill of charges for Elizabeth Johnsons impris-
onment to the first Thursday of the next month, being 24
weekes, amounting to 6/. 105. is allowed and approued : and
the Courte desires Mr. Ludlow and Mr. Warde to see the bill
discharged to the said Will: Rescew out of her estate.
Whereas Mr. Jonathan Brewster hath set vp a trading howse
at Mohigen, this Courte declares that they cannott but judge
the thinge very disorderly, neuertheless considering his condi-
tion, they are content hee should proceed therein for the pres-
ent, and till they see cause to the contrary.
This Courte desires the Gouerno'' and deputy to execute the
place of Comissioners for this Jurissdiction, with the vnited
Colonyes, for the meeting in Septemb' next and for the yeare
ensuing.
This Courte graunts to Capt: John Mason fifty acres of ground
neare a brooke, about foure or six myles on this side Mohegin,
w^h is in consideracon for the land they graunted him at Pe-
quett vppon the conquest.
Henry Grey is fyned twenty shillings for abusing the Courte.
This day 3 weekes is appointed for a day of Thanksgiuing
publicquely, in all the Churches within this Jurissdiction.
The Courte is adiourned till this day 5 weekes.
[7] A Session of the Generall Courte, the 26'^ June,
1650.
Edw: Hopkins Esq"", Gouerno''.
John Haynes Esq"", Deputy.
Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott,
Mr. Cullick, Mr. Clarke.
19*
210 PUBLIC EECORDS
Deputyes : Mr, Steele, Mr. Taylecoat, Mr. Allyn, John
Bissell, Edw: Stebbing, Andr: Bacon, Nath: Dickerson,
Dauid Willton, John Deming, Steph: Harte, Tho:
Tomson.
John Taylecoat Junior, being presented as chosen En[signe]
to the Trained Band in Hartford, this Courte approues and con-
iirmes the said choyce.
Natha: Ely and Richard Olmsted in the behalfe of themselues
and other Inhabitants of Hartford, desired the leaue and ap-
probation of the Courte for planting of Norwaake, to whome
an answer was returned in substance as foUoweth : —
That the Courte could not but, in the generall, approue of the
indeauo^'s of men for the further improuement of the wildernes,
by the beginning and carrying on of new plantacons in an or-
derly way; and leauing the consideracon of the just grounds
of the proceedings of the petitioners to its propper place, did
manifest theire willingness to promoate theire designe by all
due incouragemt, in case theire way for such an vndertaking
were found cleare and good : and prouided the numbers and
quality of those that ingage therein appeare to bee such as may
rationally carry on the worke to the advantage of the publique
wellfare and peace ; that they make preparations and provi-
sions for theire owne defence and safety, that the country may
not be exposed to vnnecessary trouble and danger in these haz-
ardous times ; that the devisions of the lands there to such as
shall inhabitt, bee made by just rules and with the aprobacon
of a Comittee appointed for that end by this Courte, or to bee
rectified by the Courte in case of aberrations, and that they
attend a due payment of theire proportions in all publique
charges, with a ready observation of the other wholsome or-
ders of the Country.
The Courte is adiourned till this day month.
[8] A Generall Courte in Hartford, the 12'^i> of Septemb',
1650.
Edw: Hopkins Esq"", Gouerno^
Magistrates : Mr. Wells, Mr. Webster, Capt: Mason,
Mr. Woollcott, Mr. Cullick, Mr. Clarke.
OF CONNECTICUT. 211
Deputyes : Mr. Brewster, Mr. Phelps, Mr. Taylecoat,
Mr. Allyn, Mr. Steele, Edw: Stebbing, Andr: Bacon,
John Bissell, Dauid Willton, Tho: Mynor, Steph: Harte,
Nath: Dickerson, Sam: Smith, Mr. Warde, Tho: Judd,
Tho: Staples.
Mathew Allyn, appealing to this Courte for justice in refer-
ence to the 3 first verdicts of the Jury at the perticular Courte,
the 5th day of this instant September, the contents of w^h ver-
dicts may and doth fully appeare in the Records of that Courte ;
They haue taken them perticularly into theire serious consid-
eracon, and therefore haue concluded and determined as fol-
lowth; —
First, that they see no just cause to varye from or allter the
first verdict of the Jury, and therefore doe allowe and confirme
the same, namely, that Thomas Allyn should haue his speciali-
ties of Mathew Allyn, with 10s. damage and costs of the
Courte :
For the 2"^, w^h was for vniust molestation and the damage
therevpon, w^^^ the Jury found to bee sixty pounds, this Courte
declares that they doe judge that Thomas Allyn was vniustly
molested by Mathew Allyn, but cannott judge the dammage to
bee so great as the Jury did finde, and therefore doe declare
and determine that the dammage should bee brought downe to
twenty marke and costs of Courte :
For the 3*^, w^^ was for expences about cattle, this Courte
approoues of the verdict of the Jury therevpon, w^ii is that the
said Mathew Allyn shall pay vnto the said Thomas, forty fiue
pounds and costs of Courte :
And this Courte doth further conclude, adiudge and deter-
mine, that Mathew Allyn shall pay vnto his brother Thomas,
the full suih of fiue pounds over and aboue what was determin-
ed by the severall verdicts of the Jury, w«=h fiue pounds is for
the said Thomas his charges of trauells.
This Courte desires Mr. Gouerno^ Mr. Deputy and Mr. Web-
ster to consider of the graunt of land to Thomas Bull and oth-
ers, and to settle somthing vppon them according to the graunt
of the Courte in May last.
Mr. Gayler and John Bissell are chosen by this Courte to
212 PUBLIC RECORDS
arbitrate in a difference betweene Mr. Richard CoUecott and
Mr. Mathew Allyn, and to put an issue tiierevnto.
The Courte is adiourned to next Wednesday come 3 weekes.
[9] A Session op the Generall Court, the 9^^ of Octo-
ber, 1650.
Edward Hopkins Esq"^, Gouerno''.
Magistrates : Mr. Woollcott, Mr. Cullick, Mr. Webster,
Mr. Clarke.
Deputyes : Mr. Trott, Mr. Allyn, Mr. Phelps, Mr. Steele,
Sam: Smith, Natha: Dickerson, John Bissell, Edw:
Stebbing, Andr: Bacon, Dauid Willton, Steph: Harte.
It is ordered by this Courte that the Guards in the [seuejrall
Townes within this Jurissdiction, shall bee allowed yearely,
halfe a pound of powder a man, to bee prouided by and at the
charge of theire seuerall Townes.
The Courte appoints next Wednesday 3 weekes to bee kept
a publique day of Thanksgiuing.
The Courte is adiourned till next Wednesday come fortnighte.
A Session of the Generall Courte, the 31st qf Octob'',
1650.
Edw: Hopkins Esq^, Gouerno''.
John Haynes Esqi", Deputy.
Magistrates : Mr. Wells, Mr. Webster, Mr. Woolcott,
Mr. Cullick, Mr. Clarke.
Deputyes : Mr. Phelps, Mr. Allyn, Mr. Steele, Mr. Trott,
Natha: Dickerson, Dauid Willton, Sam: Smith, Edw:
Stebbing, Andr: Bacon, Tho: Coleman, Tho: Judd.
Thomas Standly, of Hartford, complaining to this Courte of
a dissabillity in one of his armes, (w^h was broken not long
since,) to handle his Armes and to doe his postures in millitary
discipline, vppon training days ; this Courte frees the said
Thomas Standly from his training, till they shall see just caus&
to allter the same.
The Courte is adiourned till next Munday.
OF CONNECTICUT. 213
[10] A Session of the Generall Courte, the 3^ of No-
vember, 1650.
Edw: Hopkins Esq^, Gouernor.
John Haynes Esq)", Deputy.
Magistrates: Mr. Wells, Mr. Woollcott, Mr. Webster,
Mr. Cullick, Mr. Clarke.
Deputyes : Mr. Phelps, Mr. Allyn, Mr. Steele, Mr. Tayle-
coat, Edw: Stebbing, Andr: Bacon, Tho: Coleman, Tho:
Judd.
Greenfill Lerreby, for his dissorderly carriage, is fyned fine
pounds, — 5/.
Stephen Danyell is fyned for the same, forty shillings, — 40s.
And both of them are required if Joshuah Jennings (whome
they rescued or at least conueyed from the power of authority,)
come aboard their shipp againe, either vppon the Riuer or at
Seabrooke, to deliuer him vp to authority.
It is ordered and concluded, that whereas the Towne of
Fairefeild hath not attended this Courte with a just and perfect
list of the estate of theire Towne according to order of Courte,
as they were inioyned, and required to doe, they shall pay to
the Common wealth twenty nobles as a fyne for theire neglect
if not contempt therein: and to pay to the Country, by rate for
this yeare, according to the estate they formerly gaue in. The
fyne of twenty nobles is remitted, as appeares by the Records of
the Courte, 15'^ May, 1651.
It is ordered, that the Treasurer shall send forth his warrants
into the seuerall Townes, for the Country Rate, according to
the rule in Courte for this present yeare ; and that hee shall
keepe a just account how and for what he doth expend the
same.
The Courte is adiourned to the first Wednesday in Feb"" next.
[11] A Session of the Generall Courte, this 5th qf Fes'",
1650.
Edw: Hopkins Esq"", Gouerno"'.
John Haynes Esq"", Deputy.
214 PUBLIC RECORDS
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster,
Mr. Cullick, Mr. Clarke.
Deputyes : Mr. Steele, Mr. Taylecoat, Mr. Trott, Edw:
Stebbing, John Bissell. Nath: Dickerson, Dauid Willton,
Andr: Bacon, Sam: Smith, Tho: Coleman, Steph: Harte,
Tho: Judd.
Whereas there is an order of Courte amongst vs w^^ prohib-
itts all perticular persons within this Jurissdiction from buying
any land of the Indians, either directly or indirectly, vnder any
pretence whatsoeuer ; this Courte add^h therevnto and orders,
that no perticular person whatsoeuer shall buy of the Indians,
either directly or indirectly, any timber, candle wood or trees
of any sorte or kinde, within this Jurissdiction, though it bee
without the bounds of the seuerall Townes.
Whereas, it doth appeare that much hurte, loss and damage
doth acrue to this Common wealth and to perticular persons in
the seuerall plantations, by those hoggs that are kept or beard-
ed in the woods, by theire rooting vpp and wronging otherwise
the common feed of cattle, and by theire hanging about and
breaking through such fences as are suffitient against other cat-
tle, into mens corne, and spoiling the same. It is ordered by this
Courte, that if any hoggs or swyne shall bee found within three
myles of any dwelling howse, in any of the plantations within
this Jurissdiction (except such as are kept in mens yards, w^h
are to bee ringed or yoaked when found in the streete, accord-
ing to the order of Courte, in May last,) from the first of March
to the middle of October, they shall forfeitt sixpence a peece,
for euery time they are soe found.
Whereas, by vertue of an order in May last, each Towne
shall chuse among themselues fiue able men, to consider and
order the best way of improuing and fencing common lands ; It
is ordered by this Courte that the seruice committed to them, in
all the perticulars thereof, w^h appeares more fully in the said
order, shall bee attended by the Townsmen, or those men that
are chosen to order and attend the affaires of the seuerall
Townes wherein they line, within this Jurissdiction, and what-
soeuer the maior pn of the said Townsmen in their seuerall
Townes shall agree vppon, conclude, determine and order, ac-
cording to the former order of fiue men, shall in all respects
OF CONNECTICUT. 215
bynde and bee attended as fully as if it had beene done by the
said fiue men.
Thomas Horskins, of Wyndsor, being p^'sented as vnfitt and
dissable to attend Trainings, watching and warding, this Courte
frees him from the seruices aforesaid, during his dissabillity.
[12] Whereas it doth appeare to this Courte that those Townes
that are more remoate are at more and greater charge in bring-
ing the Corne of their Townes, for the ordinary Country Rates,
than those Townes or persons that are nearer to the Treasurer,
place or places of payment, as occassions shall or may require ;
It is ordered by this Courte, that for such corne as Wyndsor
shall pay to the Rates aforesaid and bring downe to Hartford in
corne, they shall bee allowed two pence in the bushell, and for
what corne aforesaid they shall carry to Wethersfeild, they
shall be allowed three pence p"^ bush: And Farmington three
pence p"" bush: for what such corne they shall bring to Hart-
ford, and if they carry it further they shall bee allowed reasona-
ble satisfaction for the same, ouer and aboue the aforesaid three
pence p"" bushell.
A Committee for the clearing of the agreement with Mr.
Fenwick, chosen by this Courte, are as foUow^h: Mr. Haynes,
Capt. Mason and Mr. John Steele; these are for the clearing
of the first agreement, being the Committee that made the said
agreement. And for the second agreem^ Mr. Clarke and Mr.
Taylecoate, whoe are to draw out a true coppy of both the said
agreements vnder Mr. Hopkins his hand, w^h said coppie or
coppies shall bee kept vppon record and fyled by the Secretary.
And this Courte graunts libberty to each Towne to send any
two of theire Inhabitants to the meeting of the aforesaid Com-
mittee, to heare the said agitacons, and to satisfie theire seuerall
Townes with the grounds of any conclusions that they may
make, that so all scruples may bee remoued and all hearts sat-
isfied and quieted for y^ future in the premisses : w^h said time
of meeting for the Committee aforesaid, is the first Tuseday of
the next month, being commonly called March, at the Gouern-
C^s howse ; and the Deputyes of the seuerall Townes are de-
sired to giue seasonable notice to theire said Townes of the
premisses, that so no Towne may plead that they did not know
216 PUBLIC RECORDS
of the same : only speciall notice is to bee giuen to Capt. Ma-
son and the Towne of Seabrooke.
This Courte graunts and orders, that the Secretary shall bee
allowed and paid the suin of six pounds, being in p^t of payment
for his great paines in drawing out and transcribing the coun-
try orders, concluded and established in May last.
This Courte is adiourned to the 2^ Lecture day in March
next, after ye sermon.
[13] A Session of the Generall Courte, in Hartford,
THIS 19tii March, 1650-51.
Edw: Hopkins Esq"", Goui^no"^,
John Haynes Esq"", Deputy.
Magistrates : Mr. Wells, Capt: Mason, Mr. WooUcott^
Mr. Webster, Mr. Clarke, Mr. Cullick.
Deputyes : Mr. Phelps, Mr. AUyn, Mr. Tailecoat, Mr.
Trott, John Bissell, Sam: Smith, Natha: Dickerson,.
Tho: Coleman, Andr: Bacon, Edward Stebbing, Tho:-
Judd.
Whereas vppon former information giuen to this Court that
William Cheessbrooke (a smith, somtimes an Inhabitant in the
Massachusetts, but more lately at Seacunck, alias Rehoboth, in
the Jurissdiction of New Plimouth,) had begunn to settle him-
selfe at Pacatuck, a place within the limitts of this Colonye,.
order issued out to the said Cheessbrooke,* vppon seuerall
weighty consideracons, either to depart the place, or to make
his appearance, and giue an account of his proceedings, where-
vnto hee submitted, and by a poenall obligation ingaged him-
seife to attend :
The said Cheesbrooke now presented himselfe to this Courte,.
and in way of Apologie professed his sitting downe there was
besides his purpose and intendment, his ay me being to settle at
Pequett plantation, but finding that place in seuerall respects
vnsutable to his expectations, and hauing disposessed himselfe of
his former aboade, hee was in a manner necessitated for the
* See page 200, ante.
S
^
^«
fr>
^^
r
OP CONNECTICUT. 217
preservation of his estate to make winter provision for his cattle
there, wherevnto hee was allso incouraged by Mr. John Win-
throp, who pretended a Comission from the General! Courte in
the Massachusetts for the planting of those partes. Hee was
tould that as the right of that place did clearely appertaine to
this Colonye, so his proceeding was vnwarrantable in sitting
downe there without the knowledge and approbation of this
GouernemS and it carried (in the open face of it,) the greater
ground of offence, in that by his calling hee was fitted, and by
his solitary liuing advantaged, to carry on a mischeiuous trade
with the Indians, p^'fessly cross [to] the generall orders of the
Country, and extreamely preiudiciall to the publique safety,
which was increased by reports of practice in that kinde in the
place of his last abode ; besides it seemed more than vncomely
for a man professing Godliness so to withdraw from all publique
ordinances and Xtian society. In his answer, hee acknowledg-
ed his former transgression (for w*''' hee justly suffered,) but
affirmed (to take of all suspition in that kinde) that at hi^ re-
mooue hee sould away his tooles, and thereby made himselfe
vncapeable of repairing any gun locks, or making so much as a
scrue pinn, either for himselfe or others, and that hee was fully
resolued not to continue in that sollitary condition, but had to
himselfe good grounds of hopes (if libberty might bee graunted,)
in a shorte time to procure a competent company of desireable
men, for the planting of the place.
The Courte duely considered all that was presented, & though
they were willing to make the most favourable construction of
his former proceedings, yet they exprest themselues alltogether
vnsatisfied in the aforementioned respects, for his continuance
there in the way hee is in, and could giue no aprobacon there-
vnto, yet they were inclined (hee professing his full agreem*
with the approoued Churches of Christe, in all things) if the
necessity of his occassions to his owne apprehensions were such
that hee would adventure vppon his owne acco^ and ingage
himselfe in a bond of a 100/. not to p^'secute any vnlawfuU trade
with the Indians, they would not conip[el [to
remooue.*
♦ The whole of this last line, (at the bottom of page 13, in the original,) is nearly, apd a por-
tion of it quite obliterated.
20
218 PUBLIC RECOEDS
[14] And if before the General! Courte in Septemb"" next, hee
giue in the names of a considerable company of such persons
as the Com^te shall approoue, who will ingage for the planting
of the place and sitting downe there before the next winter,
and allso submitt themselues to such wayes and rules as shall
best promoate the publique good, all meete incouragement shall
be giuen in that way :' w<=h being made knowne to William
Cheessbrooke, hee thankfully acknowledged the Courts fauo'',
and acquiessed in theire determinacon.
The Courte is dissolued.
A Generall Courte of Election, in Hartford, the 15^^ day
OF May, 1651.
John Haynes Esq', elected Gou'no''.
Edward Hopkins Esq"", Deputy.
Magistrates elected : Roger Ludlow Esq"", J ohn Win-
throp Esqr, Mr. Wells, Capt: Mason, Mr. Woollcott, Mr.
Webster, Mr. Cullick, Mr. Clarke, Mr. Howell, Mr. Tap-
ping.
Deputyes : Mr. Tailecoat, Mr. Phelps, Mr. Steele, Mr.
Trott, Mr. Allyn, Mr. Gayler, Mr. Warde, Mr. Hull,
Nath: Dickerson, Dauid Willton, Tho: Coleman, John
. Deming, Edw: Stebbing, Andr: Bacon, John Clarke,
Tho: Birchard, Tho: Thorneton, Steph: Harte, Tho:
Staunton, John Brunson, Tho: Mynor, [Philjlip Groues,
absent.
Samuell Fittch, Jonathan Rudd, John Strong, Moses Ventris,
made free.
John Dyer testifieth in Courte, that vppon a time this spring,
Mr. Blinman and another of Pequett being at Seabrooke, de-
sired this deponent to carry them ouer the Riuer in a cannooe,
towards Pequett, \v^^ hee did; and that when hee had sett
them ashore, it being wett weather, hee tarried there awhile, in
w^h time of his tarrying there came three Indians to him', and
that Thomas Leppingwell was with them, w'^^^ said Indians de-
sired this deponent to sett them ouer in the cannoe, to Sea-
brooke, w^h hee tould them hee would doe if they would worke,
OF CONNECTICUT. 219
because the cannooe was heauy ; so hee brought them ouer,
and when hee had turned the point into the North Coue,
and came neare the vessells that rode there, the said Indians
asked this deponent w^h was the Dutch vessell, and hee tould
ym wch J then they asked this deponent whether the Dutchman
had any coates : hee answered them, tutta ; then one of the In-
dians stood vp in the cannooe and called to the vessell and
sayd, Way bee gon coates ? Some answered, there was coates :
then this deponent tould the Indians, Nux ; then they desired
and hee sett them aboard, and this deponent tarried in the can-
nooe : then Mr. Augustine, Mi'chS called to the skipper to shew
the Indians some cloths, so the skipper and the Indians went
downe into the hold, as hee supposed, amonge the cloth, & in
the meane time Mr. Augustine spake to this deponent to come
ouer, w^h hee did, and after the said Indians had beene a pretty
w^hile in the hold with the skipper, the skipper asked Mr. Au-
gustine how hee sould a coate of two yards : Mr. Augustine
answered, twenty shillings : then this deponent asked the said
Augustine if hee sould his cloth for ten shillings a yard;
hee answered, yes, to the Indians, but for nine shillings to
[15] others, or two bushells of wheat : then this deponent replied
that two bushells of wheat was worth ten shillings. So hauing
tarried some time, hee asked the Indians if [they] would goe
ashoare ; they answered, by and by : then hee tarried awhile,
and asked them againe; then one belonging to the vessell tould
this deponent that hee might goe away if hee would, and hee
would sett the Indians ashoare, when they desired it. So this
deponent went home (and left the Indians aboard) and dyned,
and spake nothing to any of any Indians going aboard the
Dutch vessell ; and allso that hee knew nothing but the Dutch
might trade coates, so they did not trade gunns, powder and
shott.
Thomas Chapman, William Pratt, Jonathan Rudd, Sacha[ry]
Sanford and Christopher Huntington, did all testifie in Courtc
vppon theire oaths, that they knew nothing of John Dyers
carrying Indians aboard the Dutch vessell, and that that was
no ground of theire seizing the vessell and goods.
Whereas Augustine Herriman, by trading with the Indians
at Seabrooke, contrary to order of Courte, hath forfeited his
220 PUBLIC RECORDS
vessell and goods, w^h was seized by some of the Inhabitants
of Seabrooke aforesaid, This Courte hath taken the same into
consideracon, and doe adiudge the said Herrman to pay vnto
the said seizures the smTi of for[ty] pounds sterHng, in good
pay : Aud that the said Herriman doe giue it vnder his hand,
that vppon the tryall and examination of the buisiness, it did
appeare that the English had dealt fairely with him all along in
that business ; and that there was not any English that drew
or caused the Indians to trade with him or in his vessell, to in-
trapp or insnare both or either of them.
The Gouernor, Mr. CuUick and Mr. Clarke are desired to goe
downe to Stratford to keepe Courte vppon the tryall of Goody
Bassett for her life, and if the Gouerno' cannott goe, then Mr.
Wells is to goe in his roome.
This Courte, considering the great inconveniences that occur
by reason of Roade Hand interteining of fugitiues, and such as
are guilty of capital! crimes and other misdeameno'^, from the
seuerall vnited Colonyes, cannott but judge the same to bee ex-
treamely preiuditiall to the peace and wellfare of the said colo-
nyes, doe order that the premisses should be recomended to the
serious consideracon of the Comissioners, that some efFectuall
course may bee taken for the redress of the same.
[16] This Courte desires that a letter should be written from
the Courte to the Jurissdiction of Plymouth, that they would
prepare themselues against the next meeting of the Comission-
ers, to make appeare vnder w^h of the Colonyes the plantations
of Warwick and others doe stand.
John Bankes, Edward Adams, Phillip Pinckney, John Hoite
and Georg Godding, being fyned twenty shillings apeece, as ap-
peares in the Records of the Courte the S^h July, 1G50, this
Courte frees the said partyes from theire said fynes, and Thomas
Staples fyne of forty shillings is brought downe to twenty.
Whereas in the order of Rating, the Comissioners of Faire-
feild and Strattford are not inioyned and required to meete the
Comissioners in the seuerall Townes vppon the Riuer ; It is
now ordered by this Courte that the said Comissioners of Faire-
feild and Strattford shall yearely, in the Town of Hartford, two
dayes before the Generall Courte in Septemb"", meete with the
Comissioners of the said seuerall Townes vppou the Riuer and
OFCONNECTICUT. 221
bring with [them'] the lists of the persons and the estates of
tiieire seuerall Tovvnes, that they may bee jointly examined and
perfected, before they are transmitted to the said Generall
Com'te. And if the said Comissioners should not agree, they
are to present the grounds of theire difiering and disagreement
vnto the said Courte, to bee by them issued and determined;
and theire fyne of twenty nobles at the Generall Courte, the 3d
of Novemb"", 1650, is remitted by this Courte.
There being an occasion of debate in this Courte about
Seabrooks non-payment of the proporcon laid vppon that Towne
in reference to the purchase and agreement with Georg Fen-
wick Esqr, John Clarke and Thomas Birchard, Deputyes for
that Towne, did ingage themselues in the behalf of the said
Towne of Seabrooke, that there shall bee due payment made
of the said leuye due by the said Towne of Seabrooke, to bee
paid for 5 yeares now past, in October next, provided theire
payment of what is due or shall bee due, bee no preiudice to
them or the Inhabitants of Seabrooke, in pleading any seeming-
grounds or reasons they haue for their not paying of all or any
parte of the said leuye ; the former Comittee are desiered to
attend such reasons and allegations as they shall present, as
formerly they were desired.
Thomas Thorneton affirmed in Courte, that it was reported
there was a hundred beeues killed in Fairefeild last yeare.
This Courte taking into consideracon the proposition of the
Inhabitants of Pequett for some inlargem* of meadow at Nian-
tecutt, and whereas there was 500 acres of ground lying in
Pequett graunted to fine of Capt: Masons souldgers at the Pe-
quett warr, w^h being taken vp by Pequett, they doe desire may
bee recompenced at Niantecutt ; the Courte desires and ap-
points that John Clarke and Thomas Birchard of Seabrooke
should goe to Pequett and veiw the said percell of land there
[17] giuen to the said souldgers,|| and taken vp by Pequett, as be-
fore and then goe to[Niantecutt] and lay out there vnto the said
souldgers such and so m[uch] land as may bee fully equiuolent
to theire former gr[aunt] of land at Pequett. And for the In-
habitants of Pequett, [the] Courte graunts that theire bounds
shall come to Bride Brooke, (the former graunt excepted,) pro-
uided that it doe not come within the bounds of Seabrooke,
20*
222 PUBLIC RECORDS
and provided that what meadow or marshe there is aboue two
hundred acres, it shall be reserued for the countrys vse [or]
other and further dispose.
Mr. Deputy and Mr. Ludlow are chosen Comissioners for
this Jurissdiction to attend the next meeting of the Comission-
ers of the vnited Colonyes, and so for the yeare ensuing as oc-
cassion may require, and if the Deputy should bee gonn out of
the Country to England before the said meeting, then Mr. Cul-
lick is to supply his place.
It is ordered, that those that hue in seuerall companyes at
farmes remoate from the seuerall Townes, shall haue libberty to
keepe one in each quarter at home vppon euery training day,
who is of age to bare armes, provided one man, (where more
then one is,) shall tarry at home but one training day at a time^
and that those whoe doe stay at home bee prouided with armes,
according to lawe ; and where any one farme is so farre distant
from the Towne as Mr. Fenwicks is, at Sixe Myle Hand, then one
in like manner may remaine at home, for safety of the place.
This Courte graunts theire consent that Nathaniell Rescew
should haue Goodwife Johnsons childe, w^'^ was boi'ne in the
prison, as an apprentice to him, till hee is of the age of twenty
one yeares, and that the said Rescew shall haue ten pounds
with him, out of Newtons estate.
This day there was presented a letter to the Courte, by the
Deputy, from John Wenthrop Esq"" of Pequett, directed to the
said Deputy, the contents whereof fol[lowth :]
Worthy S"-.
It was my intent to haue waited vppon yo^^selfe and the
Honoi'ed Courte, but some occasions of absolute necessity
(as Mr. Blinman can informe) require my hasting into the
Bay, w^h should haue beene sooner if I had beene well to haue
gon by land, but I haue expected a passage by water to Provi-
dence, wch I am now promissed by a pinnace that I expect to
returne i'rom Leiftennant Gardiners this day ; therefore I
[18] desire to bee excused till some further opportunity.
There hath beene earnest motions to mee, from some well
willers to the CoiTion good, to make some search and tryall for
mettalls in this Country, and there is hope that there might bee
a stock gathered for that purpose, if there were incouragements
from the seuerall Jurissdictions. I have therefore made bould
to propound the inclosed graunt to yo'"selfe and the Courte ;
professing this, that I neither know nor haue heard of any
OF CONNECTICUT. 223
mynes or mettalls within this Jurissdiction, for I haue not yet
made any search, but only propound it for incouragement to
any that will bee adventurers and joine in the vndertaking of
such a designe ; w^'' is allready done in the Bay, where I know
of two places of lead, one at Lynn and the other at Nuberry,
but that at Lynn being chalenged by the Towne and so neare
the Iron worke, that takes vp all the wood, that it cannott bee
wrought there ; and the Towne hath beene at charge for the
finding of the veine, but it cannot bee found, and so they are
discouraged, for it was onely loose peeces that wee found. 1
doe not much desire to haue any thinge put in about gold and
siluer, yet if it be put in, it may incourage some, but I leaue
all to the wisdome of the honoi^ed Courte, and with my humble
seruice to yo''selfe and the Deputy Gou^'no'' and the Magistrates
and Deputies I rest, Yo^ humble servant,
May 13th, 165L John Wenthrop.
Whereas, in this rocky country, amongst these mountaines
and stonyc hills, there are probabillities of mynes of mettalls
and mineralls, the discouery whereof, may bee for the great
benefitt of the country, in raising a staple comodily ; — and
whereas, John Wenthrop Esq"" doth intend to bee at charge
and adventure for the search and discouery of such mynes and
mineralls ; for the incouragement whereof, and of any that
shall adventure with the said John Wenthrop Esq'' in the said
buisines. It is therefore ordered by this Courte, that if the said
John Wenthrop Esq"" shall discouer, sett vppon and nicinteine,
or cause to be found, discouered, set vppon and meinteined, such
mynes of lead, copper or tinn, or any mineralls, as antimony,
vitriall, black lead, allom, stone salt, salt springs, or any other
the like, within this Jurissdiction, and shall sett vp any worke,
for the digging, washing, melting, or any other operation about
the said mynes or mineralls, as the nature thereof requireth,
that then the said John Wenthrop Esq"", his heires, associates
p^ners or assignes, shall injoye foreuer the said mynes, with
the lands, wood, timber and waters, within two or three myles
of the said myne, for the necessary carrying on of the workes
and meinteining of workemen, and prouision of coales for
the same ; provided it bee not within the bounds of any Towne
allready, or any perticular persons propriety, and provided it bee
not in nor bordering vppon any place that shall or may by the
Courte bee judged fitt to make a plantation of
224 PUBLIC RECORDS
[19] A Generall Courte in Hartford, 11th qy Septemb"",
1651.
John Haynes Esq^ Gou'^no''.
Magistrates : Mr. Wells, Capt: Mason, Mr. Webster,
Mr. Woollcott, Mr. Clarke.
Deputyes : Mr. Allyn, Mr. Phelps, John Bissell, Dauid
Willton, Mr. Trott, Sam: Smith, John Demyng, Natha-
Dickerson, John Clarke, Mr. Tallcott, Mr. Westwood'
Andr: Bacon, Edw: Stebbing, John Bankes, Will: Hill,
Thomas Mynott, Wm. Beardsly, Thomas Judd, Steph:
Harte.
It is ordered, sentenced and decreed, that Mattabeseck shall
bee a Towne, and that they shall make choyceof one oftheire
inhabitants, according to order in that case, that so hee may
take the oath of a Constable, the next convenient season.
It is likewise ordered, that Norvvauke shall bee a Towne
and that they prouide an inhabitant, according to order, who
shall seasonably bee tendred to take the oath of a Constable.
This Courte being informed by the Townsmen of Hartford
that John Lord, contrary to naturall affection, hath withdrawne
himselfe from his wife, and left her destitute of a bed to lodge
on, and very bare in apparell, to the indangering of her health.
The said Courte doth herev[ppon] order and giue authority to
the said Townsmen to require of the said John Lord the wear-
ing apparrell of his wife, and allso a bed for her to lodge on, and
allso to search after the same in any place within this Jurissdic-
tion, and to restore it vnto her, and reasonable satisfaction shall
bee giuen if any person shall bee damnified thereby.
It is ordered by this Courte, that the lyne of the Towne of
Naiiieage shall begin on the east side the great Riuer oppositt
to the point Mr. John Wenlhrop now liues uppon, and so to
runn vppon an east lyne to Powcatuck Riuer, together with all
the meadow, except it doth exceed foure hundred and ten acres.
It is not intended that any pn of the former limmitts of the
Towne should bee abridged.
Allso the Hand commonly called Chippachauge,* in Mistick
Bay is giuen to Capt : John Mason, as allso one hundred acres
* Now called " Mason's Island."
OF CONNECTICUT. 225
of vpland and ten acres of meadow neare Mistick, where hee
shall make choyce.
The Deputyes of Fairefeild haue, according to order of
Courte in that behalfe, presented to the Courte a list of theire
names and estates, w^h in the Totall amounts to the smTi of
8895/. 3s.
Thursday come seuen night is appointed by the Generall
Courte for a day of Thanksgiuing in all the Townes in this
Jurissdiction.
Vppon petition of Nicholas Olmstead, the Courte frees him
from traininge vntill further order. Repealed : fol. 21.
The Court is adiourned to Wednesday come 3 weekes, after
Lecture.
[20] A Session of the Generall Courte in Hartford, the
6tii OcTOsr, 1651.
Edw: Hopkins Esq"", Deputy.
Magistrates : Roger Ludlow Esqf, Mr. Wells, Mr. Wooll-
cott, Mr. Cullick, Mr. Clarke.
Deputyes: Mr. Phelps, Mr. Trott, Mr. Tailecoat, Mr.
Westwood, Edw: Stebbing, Natha: Dickerson, John
Bissell, Andr: Bacon, John Deming, Sam: Smith, Steph:
Harte, Will: Beardsly, Will: Hill, John Bankes, Tho:
Judd.
This Courte considering the motion and request of the
Townesmen of Hartford, for some of theire inhabitants to bee
freed from training to morrow and next day, they doe graunt
and consent that they shall haue libberty to take of so many
from theire training aforesaid as are necessary to bee imployed
about the raising of the worke prepared for the supporte of the
great bridge.
This Courte being informed that there are seuerall Indians
amongst vs that are knowne and may bee prooued to bee mur-
therers of the English before the Pequett warrs, they doe referr
the inquiry into the grounds and truth of the premisses vnto the
magistrates of this Jurissdiction, and therefore doe desire that y*>
Goui'no'" would write to, or seasonably conferr with Capt: Mason
226 PUBLIC RECORDS
and Thomas Staunton, whether they know any such Indian,
that soe they may bee brought to condigne punishment.
This Courte hauing considered the appeale of Thomas Bar-
lowe and Jehu Burr, about the verdict of the Jury at the last
Courte in Stratford, whereby they were judged to pay for a
colte of Leiftennant Wheelers, they doe determine and con-
clude that allthough they see not reason to confirme the full
verdict of the Jury, yet they judge it meete that the said Bar-
lowe and Burr should pay to Wheeler, for his damage, forty
shillings.
Mr. Warde and John Bankes are desired to gather vp and
make sale of any estate of that w^h was sometimes Peter John-
sons of Fairefeild, and that they shall therewith satisfie the
charges of the nursing of the childe of Goody Johnson.
Nicholas Olmsteed, acknowledging to the Courte that by seu-
erall irregular expressions in his petition, hee hath giuen just
cause of offence vnto the Courte, manifesting in his express-
ions his sorrow for the same, and desiring the Courte to pass it
by. They doe remitt and pass by his offence ; and doe order
that hee shall not bee freed from traininge vppon such a peti-
tion, but if hee shall see cause, in time convenient, to present
to the Courte the consideracon of his former good service, they
shall bee freely willing to attend it, and to allowe him conven-
ient and reasonable incouragem* ; the petition to bee taken of
from the fyle.
Vppon the complaint of the Deputies of Strattford to this
Courte, in the behalfe of Richard Buttler, against an Indian
named Nimrod, that willfully killed some swyne of the said
Buttlers, this Courte consenteth that Mr. Ludlow may prsecute
the said Indian according to order made by the Comissioners
in that respect.
[21] Whereas vppon the motion of Mr. Wells, Treasurer,
It was propounded that in regard hee being in the place of Ma-
gistrate, doth finde the execution of the Treasurers office to bee
[some] what burdensome for both together, and therefore desires
[to] bee eased of the Treasurers place, w^h this Courte doth
desire at the Courte of Election, may bee attended, and that they
would thinke of some body else to bee Treasurer in his roome.
Andrew Warde, George Hull and William Beardsly are pro-
OF CONNECTICUT. 227
pounded Tor Assistants to joine with the magistrates for the
execution of justice in the Tovvnes by the sea side.
It was ordered that Thomas Staunton should goe to Narra-
gansett and demaund of Ninigrett 40/. for Eltwood Pomryes
mare, or Pequoiam to bee d'd vp, according to the determina-
tion of the Comissioners in Sept: last.*
William Leawis Junior is confirmed Leiftennant, to order
the souldgers at Farmington : John Steele Junior, Ensigne,
and Thomas Barnes, Serieant.
A letter being received from Capt: Mason, wherein hee de-
sires, among other thinges, the advice of this Courte touching
a motion propounded by some ofNewHauen interessed in Dil-
laware designe, for his assistance of them in that buisiness, with
some incouragements for his settling there ; The Courte ordered
that answer be returned, in reference to the foregoing particu-
lar, to the following purpose : — That it is much in the desires
of the whole Courte that hee would not enterteine thoughts of
remouing his aboade out of this Colony, wherevnto they cannot
giue the least allowance or approbation ; yet if his owne desire
bee for the present service of that place, and theire importuni-
ties continue for his employment there, the Courte cannott
wholy deny him or them, the worke being that W^^ they are
willing to promoate, but are content hee shall attend the ser-
vice for 3 months, provided hee will ingage himselfe to returne
within that time and continue his aboade amonjTst them as
formerly :
* See p. 27, ante. ''Eltweed Pornry, of Windsor, in Connecticutt Jurisdiction, hauing often
petitioned the Comissioners about a mare of liis, wilfully killed by a Pequott Indyan, called Po-
quoiam, soone after tlie fore mentioned warr, when all sorts of horses were at a high price ;
concerning which, Mr. Israeli Stoughton, General! for the Massachusetts, made an agreement
with Meyantonime, one of the principal! Narragansett Sachems, with or under whom the sayd
Poquoiam lined, on behalfe of the otfendors :**»•*» Upon consid-
eration of the premisses, the Comissioners thought fitt that the sayd monye be againe demanded
of Ninigrett," he being the brother in law of Poquoiam, and heir to Miantonimo, '' or that hee de-
liuer Poquoiam into their hands ; but upon refusal! or delay, that some fitt man, duely accompa-
nied, be sent, by order & direction of the Government of Conecticutt, to require it, with allow-
ance of the present charges, and if it be not forthwith paid, to make seizure to the vallew of
401. with the charges, and to bring it away with them ; and hereof che Narraganset Indians now
pr'sent were willed to informe Ninigrett ; onely, if after such payment or seizure, Vncas or
Wequash Cooke shall by intertaining, pr'tecting or concealing Poquoiam, hinder Ninigrett from
recouering the same of him, in such case the said 40/. shall be accounted due and be required
from them or either of them." [Records of U. Colonies, Sept. 1C51.1
228 PUBLIC RECORDS
The Courte hath allso spoken with Leiftennant Bull, about the
land at Nihantecutt, laid out to him and others with him, who
hath promised to conferr with Vncas and indeuo"^ to giue him
reasonable content and satisfaction, in reference to the prem-
isses, wct if they shall not answerably attend, then vppon in-
formation the Courte will take further consideracon thereof, in
seasonable time. And whereas hee certifies in his letter that
hee is not satisfied in Saquassens being exalted vnder our power
to great Sachemship, this Courte declares that they doe not
know of any such thinge, neither doe they or shall they allowe
or approoue thereof.*
[22] Mr. Webster and Mr. Cullick are desired to take an
accot of the Treasurer of the debts of the Country, and how
the last Country Rate is dissbursed, and present the same to the
next session of the Generall Courte.
It is ordered, that Mattabeseck and Norwauke shall bee rated
this p^'sent yeare in theire proporcon, according to the rule of
rating in the Country, for theire cattle, and other visible estate,
and that Norwaack shall present to Mr. Ludlow, and Mattabe-
seck to Mr. Wells, in each Towne one inhabitant, to bee sworne
by them. Constables in theire seuerall Townes.
It is ordered by this Courte that Wednesday next come fort-
night, there bee a day of fasting and humilliation throughout
this Jurissdiction, for and in consideracon of some diseases or
infection that is among o"^ neighbors & freinds of the Massa-
chusetts, as allso for and concerninge the affaires of o^ natiue
country, and pi^sperity of the Gospell of Jesus Christe.
* At a meeting of the Commissioners, in September, " Uncas complained that Sequassensome
yeares since, as is well knowne, began hostile acts upon him, to the disturbance of the publique
peace, whereupon he was occasioned to fight him and in the issue ouercame him and conquered
his country, which though he gaue to the English and did not oppose the favour they were
pleased to shew him in sparing his life, yet he cannot but looke upon himselfe as wronged in
tliat Sequassen (as he was informed,) is set up and indeavored to be made a great Sachem, not-
withstanding he hath refused to pay an acknowledgm' of wampom to him, according to his
ingagements."
"The Commission'^s disclaimed any indeavors of theirs to make Sequassen greate, and are igno-
rant of what he affirmes concerning the other, yet recommend it to the Gouernent of Con-
ccticutt to examine the case, and to p'vide that upon due proofe Vncas may bee owned in what
shall bee just and equall, and Mr. Ludlow was intreated to promote the same." [Rec. ofU
Colonies.]
OF CONNECTICUT. 229
£ S.
Hartford estate was presented to this Courte to bee 22404:19.
Wyndsor, ..... 15435:
Wethersfeild, .... 12748:
Farmington, ..... 04741:
Seabrooke, . . . . .04150:
Fairefeild, ..... 08895:3
Strattford, ..... 07118:8:6(/.
75492:10:6
It is ordered, that warrants shall goe out from the Treasurer
for a whole rate, and that euery person, according to the order,
to bee rated at 25. Yid. pf head, shall bee brought downe to 18d.
pf head ; the whole rate to bee paid ^ in wheat, and ^ in pease,
and ^ in good peage or Indian.
The Courte is adiourned to the first Wednesday in Decemb''
next.
[23] A Session of the Generall Courte, the 3^ day of
Decemb^, 1651.
John Haynes Esq'', Gou'^no''.
Magistrates : Mr. Woollcott, Mr. Webster, Mr. CuUick.
Deputyes : Mr. Phelps, Mr. AUyn, Mr. Tailecoat, Mr.
Westwood, Edw: Stebbing, Natha: Dickerson, Andr:
Bacon, John Bissell, John Demyng, Steph: Harte, The:
Judd.
The Courte is adiourned to the first Tuesday in March next,
by ten a clock in the morninge.
[24] A Session of the Generall Courte, in Hartford, the
2d OF March, 1651-52.
John Haynes Esq"", Gournc".
Magistrates : Mr. Wells, Capt: Mason, Mr. Woollcott,
Mr. Webster, Mr. CuUick, Mr. Clarke.
Deputyes : Mr. Tailecoat, Mr. Phelps, Mr. Allyn, Mr.
Westwood, Edw: Stebbing, Natha: Dickerson, Dauid
21
230 PUBLIC RECORDS
Willton, John Bissell, Sam: Smith, Andrew Bacon, John
Deming, Steph: Harte, Tho: Judd.
This Courte orders, that the Treasurer shall pay vnto John
Cullick the smTi of thirty two pounds nineteene shillings, out of
the Country Rate pay, allready graunted and next to bee col-
lected, w^^ is for so much the Country is indebted to Edward
Hopkins Esq' ; the pay to bee made in Corne : if any wampum
bee paid, it is to bee with so much allowance as shall make the
wampum as good as corne.
This Courte considering John Clarks bill of Countryes
charges, they doe conclude and order that the Treasurer shall
not pay him for the workmens diett aboue six shillings a weeke
for one man.
This Courte orders that the Treasurer shall pay to Richard
Goodman and John Pratt, for the carrying on of the necessary
worke about the prison howse, out of the next Rate, thirty
pounds in such pay as the Rate is to bee paid in this Towne.
Thomas Bull and others in the behalfe of the rest, hauing re-
signed vp to the Courte one hundred acres of the grounds laid
out at Niantecutt to them, of that parte thereof w^h lyes next
to Seabrooke, w^h said hundred acres the Courte graunts lib-
berty to the Indians that formerly posessed and planted the
same, to posess and plant for the future, so long as they carry
peacably and justly towards the English ;
This Courte graunts to the said Thomas Bull and the rest of
the fine of Capt: Masons souldgers, that they shall haue two
hundred acres of that vpland w<=h lyes northward, next adioyn-
ing to the remainder of land allready laid out to them, w^h they
accept in full satisfaction for the hundred acres they haue re-
signed as before.
The Courte is dissolued.
[25] A Generall Courte of Election in Hartford, the
20th May, 1652.
Magistrates elected :
Edward Hopkins Esqs Gou^nor.
John Haynes Esq*", Deputy.
OF CONNECTICUT. 231
Roger Ludlow Esq>-, John Wenthrop Esq^ Mr. Wells,
Capt: Mason, Mr. Webster, Mr. Woollcott, Mr. Cullick,
Sec\, Mr. Clarke, Mr. Howell, Mr. Tapping.
Mr. Tailecoate, Treasurer.
Deputyes : Mr. Phelps, Mr. Steele, Mr. Tailecoat, Mr.
Warde, Mr. Gayler, Mr. Westwood, Mr. Trott, Mr.
Parkes, Edw: Stebbing, Natha: Dickerson, Andr: Bacon,
John Deming, John Bissell, Tho: Coleman, Dauid Will-
ton, Will: Hill, Will: Beardsly, Dan: Titterton, John
Clarke, Tho: Chapman, Hugh Calkin.
This Courte there was made free, — Robert Lockwood, John
Tailecoat, Tho: Whittmore, Tho: Allyn, Tho: Bissell, John
Hossford, John Bissell, Will: Beamunt, Will: Waller.
This Courte hauing duely weighed and considered the
grounds of John Coopers appeale to the same, in reference to
the verdict of the Jury at Southampton in the tryall betweene
Mr. Stanborough plaintifFe, and John Cooper senior, defend*,
they finde and hereby doe declare that the said John Cooper
had just ground and cause so to appeale ; allso, this Courte,
considering the bill presented to them of Cooper to Peter Tall-
man, Dutchman, and assigned by him to Stanborough, accord-
ing to the euidence giuen in, they find that it was not an au-
thentique bill.
Whereas, by an order in this Coinon wealth, there is to bee
a perticular Courte in Hartford the day before the two stand-
ing Generall Courtes, in May and Septemb"" in each yeare, this
Courte finding seuerall inconueniences that followes therevppon,
doe hereby order that the aforesaid perticular Courtes shall bee
kept in Hartford aforesaid vppon the second day before the said
each standing Generall Courte, instead of the former, and that
the said perticular Courtes now ordered shall bee ended before
each Generall Courte.
This Courte considering the grounds of the seizure of the ves-
sell and goods of Oulsterman, at Fairefeild, Dutchman, by John
Cable and some others with him, the parties on both sides haue
left themselues with submission to the judgm* of the said Courte,
in reference to the premisses, they doe order that the said Dutch-
man shall pay to the seizors the sum of fine pounds, and all
theire reasonable costs and charges therevppon, w^h being done,
232 PUBLIC RECORDS
then the said seizors are to dehuer vp to the said Dutchman
the whole estate, both in vessell and goods seized as aforesaid.
[26] This Courle orders that Nathaniell Rescue shall bee paid
fine pounds more with the Goody Johnsons childe, accordinge
to her promise to him, hee hauing ingaged himselfe to meinteine
and well educate her sonne without any further demaund of
charges either of her or the Country.
Whereas, vppon the motion of the inhabitants of Seabrooke,
It was desired that a certeine comon feild by mutuall consent
is concluded to bee fenced proporconably, and it so falls out
that the said fence cannot goe on comfortably except the Right
WorshippfuU Geo: Fenwick EsqJ^ doth joine in proporcon, by
reason of some accomodacon that belongs vnto him, w<=h will
necessarily fall in within the fence, and it hath beene obiected.
by Capt; Cullick, the said Mr. Fenwicks agent, that the same
will bee but little beneficiall to the said Mr. Fenwick, and there-
fore conceiues that the said Mr. Fenwicke is not bound to it ;
yet by reason (as the inhabitants plead) the said Mr. Fenwicks
land within the said fence will bee benefitted thereby, the
Courte therefore, taking into consideration the premisses, doe
thinke fitt that there shall bee a Comittee appointed, whoe
vppon veiw of the said land shall certefie what benefitt the said
Mr. Fenwick or his agent or tennants shall bee advantaged
thereby, as the rest of the inhabitants. The Courte makes no
doubt but Mr, Fenwick or his agent will bee willing to allowe
proportionable fencing for it, w^h if it bee refused, the Courte
will advise further in it.
Whereas the Courte hath taken into consideration the great
abuse that is crept into this Jurissdiction, by the vnliinitted ex-
amination of witnesses before the Magistrate in the outward
plantations, betweene party and party, sometime before any
action in Courte, or process serued before any declaration. It is
therefore ordered, that if any that liue in remoate plantations
will cause any that mutually liue together in the said remoate
plantations to answer them at the Courte in Hartford (seinge
there bee ordinary Courtes in the said plantations, to try all ac-
tions betweene party and party,) and therefore if any will drawe
his adverse party to Hartford, or to the Courte at Connecticutt,
hee shall bee a meanes to pi^ciuce his wittnesses to the said
OF CONNECTICUT. 233
Courte viva voce, and not to examine any before any magis-
trate before the tryall, except in a speciall case of impotent
wittnes or transient wittnes that is goinge out of the Jurissdic-
tion, and in that case the Magistrate may in discretion examine
and certefie in silence to the Courte what is examined, and in
noe other case.
Forasmuch as the Courte was this day informed there is a
necessity that in the plantations of Fairefeild and Strattford that
there should bee some joined as Assistants to the Magistrate or
[27] Magistrates in the said plantations, || whereby they may
bee inabled to keepe a Courte within the said plantations
according to the combin[acon,] whoe are to bee sworne before
a Magistrate, whoe are to stand for one yeare or the next Courte
of Election ; It is therefore ordered, that the said plantations
shall or may meete in a convenient time at theire said planta-
tions, and elect such as they see meete to bee Assistants as
aforesaid, whoe are to bee sworne before a Magistrate, and are
capeable to the intent aforesaid.
Vppon the petition of the inhabitants of the Towne of Pe-
quett, that by reason of the newnes of the saide plantation,
there is, and likely to bee some defect of corne for theire neces-
sary provision, notw^^standing there bee Indian corne enough
in the place where the plantation is seated to furnishe the in-
habitants thereof, if the corne were not traded by some perticu-
lar persons that conuey away the corne, and the inhabitants
remaine vnfurnished; It is therefore thought meete and so or-
dered, that the inhabitants shall bee first serued before the Corne
bee traded or carried forth out of the Riuer : this order to stand
in force vntill Novemb'' come twelue month.
Mr. Ludlow and Mr. Cullick are chosen Comissioners for the
yeare ensuing.
The Courte is adiourned to the last Wednesday in June next
in the afternoone.
21*
234 • PUBLICRECOKDS
[28] A Session of the Generall Courts, in Hartford, the
SQtii OF June, 1652.
John Haynes Esq"", Deputy.
Magistrates : Mr. Woollcott, Mr. Webster, Mr. Cullick,
Mr. Clarke.
Depuiyes: Mr. Tailecoat, Mr. Phelps, Mr. Trott, Mr.
Westwood, Dauid Willton, Edw: Stebbing, John Bissell,
Nath: Dickerson, Andr: Bacon, Tho: Coleman, John
Deming.
This Courte, at the request of Mr. Deputy, doe graunte that
hee shall haue three hundred acres pf ground, meadow and
vpland, for a farme lyhige together on the east side of a certeine
Coue at Paucatuck where Pequett bounds ends, and abutting in
parte or whole vppon the said Coue.
Thomas Lord, hauing ingaged to this Courte to continnue
his aboade in Hartford for the next ensuing yeare, and to im-
proue his best skill amongst the inhabitants of the Townes
vppon the Riuer within this Jurissdiction, both for setting of
bones and otherwise, as at all times occassions and necessityes
may or shall require ; This Courte doth graunt that hee shall
bee paid by the Country the sum of fifteene pounds for the said
ensuing yeare, and they doe declare that for euery visitt or
journye that hee shall take or make, being sent for to any howse
in Hartford, twelue pence is reasonable ; to any howse in
Wyndsor, fine shillings ; to any howse in Wethersfeild, three
shillings ; to any howse in Farmington, six shillings ; to any
howse in Mattabeseck, eight shillings ; (hee hauing promised
that hee will require no more ;) and that hee shall bee freed for
the time aforesaid from watching, warding and training ; but
not from finding armes, according to lawe.
The Courte is dissolued.
[29] A Generall Couete in Hartford, the second Thurs-
day OF September, being [the] 9*^^ day, 1652.
John Haynes Esq"", Deputy.
Magistrates: Mr. Webster, Mr. Wells, Mr. Woollcott,
Mr. Clarke.
OF CONNECTICUT. ' 235
Deputy es : Mr. Tailecoat, Mr. Steele, Mr. Westwood,
Andr: Bacon, Will: Wadsworth, Steph: Harte, Mr.
Trott, Nath: Dickerson, Tho: Coleman, John Deming,
Mr. Phelps, Mr. Gaylerd, Dauid Willton, John Bissell,
Mr. Horsford, Will Smith, Will: Parker, Robert Chap-
man.
The Coiirte being mett, they did adiourne the same to the Q^^
of the next month.
[30] A Session of the Generall Courts in Hartford, the
6tii OF October, 1652.
John Haynes Esq'', Deputy.
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster
Mr. Cullick, Mr. Clarke.
Deputyes: Mr. Phelps, Mr. Gaylerd, Mr. Trott, Mr.
Tailecoat, Mr. Westwood, Jo: Bissell, Tho: Coleman,
Natha: Dickerson, Will: Hill, John Deming, Andr: Bacon,
Will: Wadsworth, Will: Smith.
This Courte orders and appoints, that next Wednesday come
seuennights shall bee kept apublique day of thanksgiuing to the
Lord for his great mercyes to his people here and elsewhere, by
all the plantations within this Jurissdiction.
It is ordered, that notice shall bee giuen to the Sachems of
the Indians within this Jurissdiction, that no Indian shall walke
or come neare vnto or amongst any English mens howses, in
Townes or Farmes, on either side of the Riuer, or elsewhere,
vppon the Lords day, except it bee in theire necessary way of
recourse to the publique preaching of Gods word, vppon penalty
of fyne or imprisonment, as any one Magistrate or more, before
[whorn] such ofFendors shall bee brought, shall judge meete, and
as the nature of theire fact shall appeare to him or them to de-
serue.
This Courte desires Mr. Hill to acquaint the inhabitants of
Norwaack that they require them to giue their reasons why they
haue not sent deputyes to the Generall Courte nor made returne
of the warrant sent to them for that end, and that neuertheless
236 * PUBLICRECORDS
the Courte expects that they should forthwith make and returne
to Mr. Ludlow a true and perfect Liste of the persons and es-
tates in theire Towne, that a due proportion of all Comon
charges may be borne by them, with the other Townes in this
Jurissdiction.
It is ordered, that warrants shall goe forth from the Treasur-
er for halfe a Rate for the Country, according to the order of
rating, to bee paid ^ in wheat, ^ in pease and ^ in Indian ; wheat
at foure shillings, pease at three shillings, and Indian at two
shillings sixpence, p^ bushell.
The estates and persons of the seuerall Townes, presented to
this Courte, were as followeth : —
£ s. d. £ 5. d.
Hartford, 19733. 19. 0. Seabrooke, 03630. 00. 0.
Wyndsor, 14093. 00. 0. Strattford, 07040. 19. 0.
Wethersfeild, 1 1499. 00.' 0. Fairefeild, 08850. 15. 0.
Farmington, 05164. 00. 0.
70011. 13. 0.
The Courte is adiourned to the last Wednesday in Feb"" next,
in the afternoone.
[31] A Session of the Generall Courte, called by the
Deputy Govenor, in Hartford, the 24'^^ Febr. 1652.
John Haynes Esq^, Deputy.
Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott,
Mr. Cullick, Mr. Clarke.
Deputyes: Mr. Talcott, Mr. Phelps, Mr. Steele, Mr.
Westwood, Mr. Gayler, John Bissell, Dauid Willton,
Nath: Dickerson, Tho: Colman, Andr: Bacon, Stephen
Harte, Will: Smith.
Vppon a due consideratyon of the scarsity of prouisions in
some of the Plantatyons within this Jurisdictyon, diuers persons
already finding they are not sufhtiently furnished with corne,
flesh, etc. to carry on their family occasyons till the ordinary
yearly season for supplyes comes about, It is ordered by this
Courte that noe person or persons of what calling or quallity so
euer within this Jurisdictyon or any Plantatyon theirof, doe
OF CONNECTICUT. ' 237
either directly or indirectly ship, put off, transport, carry, send
or otherwise conuey out of this Jurisdictyon, upon or under
any pretence or coler, plea or reason whatsoever, any quantity
greater or smaller, of wheat, rye, pease, Indyan corne, mault,
biskett, or any other graine or the p^'cedd of it, or beefe, porke,
bacon, butter, cheese, or any the like provisions for meate or
drink, before the last of March next, or the next Session of this
Courte, which is to be in Aprill next, without the license of the
Deputy Govenr, Mr. Wells & Mr. Webster, or either of y™
with the Deputy, under pen'ty of forfiture of the doble value,
who are desired in the meane time to consider of some way how
those p^sons that are like to want may be supplyed. Advise
also is to be sent to the former plantation excepted, that it may
be of vse to them to attend the foresaid order.
[32] A Session of the Generall Courte in Hartford, the
23 of Feb: 1652.
John Haines Esq"", Deputy.
Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott,
Mr. Cullick, Mr. Clarke.
Deputijes: Mr. Tailcott, Mr. Steele, Mr. Phelps, Mr.
Gaylerd, Mr. Trott, Dauid Wilton, John Bissell, Andr:
Bacon, Nath: Dickerson, Steephen Harte, Will: Wads-
worth, Tho: Coleman, Mr. Westwood.
Wethersfeild hauing presented Rich: Trott to bee chosen
Ensigne to the trained band in that towne, this Courte declares
that they approue of the choyse & conferme him in that place.
This Courte considering John Lattimors loss in his horse
that dyed in the Bay, being not willing that the whole loss
should lye upon him, they are willing to allow him out of the
publick treasury the sum of fifteen pounds towards his horse &
hire, which hee thankfully accepted in the Courte.
This Courte being willing to attend all the wayes of Gods
P^vidence for the preservatyon & safty of the plantatyon of
Sebrooke, with all other within this Jurisdictyon, according to
the power & means that is in their hands, doe order that six of
the greate guns at Seabrooke shall forthwith, & with all possible
238 PUBLIC EECORDS
speede, be layd up & fitted compleatly vppon able carriages for
the servis & defence of the said place & jurisdictyon at all
times, as neede shall require, & doe allsoe desire Cap* John
Mason to see the premisses effected, and for that end they doe
impowre him to call forth men & meanes sutable, & upon refu-
sall to press such hands & other meanes that shall be needfull ;
and Tho: Traisy & Jonath: Rudd are desired to be assistant to
Cap: John Mason in what is now desired of him; the charges
of all which shall be payd out of the publique Treasury.
This Courte judges the Deputyes actyon in marring Jeames
Wakely & the Widdo Boosy to be legall.
The Courte is adiourned to the second Thursday in Aprill
next, in the morning.
[33] A Session of the Generall Courte in Hartford, the
14 Aprill, 1653.
Mr. Haynes Esq"".
Magistrates: Mr. Wells, Mr. Webster, Mr. Woolcott,
Mr. CuUick, Mr. Clarke.
Deputyes : Mr. Phelps, Mr. Gayler, Mr. Steele, Mr. Tail-
coat, Mr. Westwood, Mr. Trott, Jo: Bissell, Nath: Dick-
erson, Dauid Wilton, Tho: Colman, Andr: Bacon, Will:
Wodsworth, Steephen Harte, John Demyng, Will:
Smith.
It is ordered that there shall bee speedyly sent downe to
Capt: Mason for the use of the Cuntry, as occasion pi"sents, for
the present one barrill of powder ; and that one barrill more of
powder from the Bay shall bee left there, when they come up,
& w* else shall be thought meete by Mr. Ludlow & Mr. Cul-
lick ; it is allso ordered that 8 able men shall be imp^ssed out of
the Townes upon the Riuer, with compleate armes & sent to
Sebrooke to bee at the command of Cap*^. Mason, for the saruis
of the Cuntry & defence of the place, by fortefying or otherwise
at the Cap: descretion ; and this Courte doth farther advise the
inhabytants of Seabrooke that are scattered into severall quar-
ters, that they would, till they rec'e farther advice, speedily
gather their familyes togeather in to the towne as they tender
OF CONNECTICUT. 239
theire own safty ; & if any shall refuse to attend the Courts ad-
vice, they are to know that they must runn their own hazzards,
the Courte not being able to releiue them in such a scattered
way as now they are in.*
Mr. Haines is desired to send downe to Capt. Mason, for the
Corssletts that belong to the Townes, to be speedily sent up to
the Treasurer.
It is ordered that this Collonye should haue its proportion of
the whole millitary p^uision, in all respects, & perticulars sent
from the Corporatyon of Eng: to the vnited Colonyes.f
It is ordered by this Courte that all fynes & peanalties of any
order, within this Commonwealth, shall be paid, from the time
of the publicatyon hereof, in good wheate or pease or Indyon
corne, at price currant, or in that which is equiuolent thereunto.
This Courte upon a due consideratyon of the seizure of Sy-
mon Yeosens vessell, at Pawcatuck, by seuerall of the inhabit-
ants of Pequett, doe finde & judge that by his owne confession
& other testimonys pi'sented in Courte, according to the order
of Courte in that case pi'vided that forbids all trade by forreign-
ers with any Indyons within this Jurisdictyon, uppon penalty of
confisscation, as by the said order more fully appears, the said
vSymon Yeosens vessell & goods aforesaid to be justly seized &
forfited to this Common wealth, out of which the Courte allowes
him six pounds in wampom, togeather with his bedding & war-
ing apparrell & chest.
* " The commencement of hostilities, the last year, between England and Holland, the perfidi-
ous management of the Dutch Governor, with apprehensions of the rising of the Indians, spread
a general alarm throngh the colony." (Trumbull's Hist, of Conn. I 201.)
t"The Commissioners being informed that the Corporation in England had sent a percell of
armes and ammunition, as a supply & for the convenyency of the Vnited Colonyes, did order
that the same should be devided as follow''' :
£ s. d. £ s. d.
To the Massachusetts, 234. 8. 3; which at 4(Z. per shill : is 309. 17. 8.
To Plymouth, 43. 6. 3; wch at 4</. per shill : is 57. 14. 10.
To Conecticutt, 45. 5. 2; wch at 4d. pershill: is 60. 6 10.
ToNewHauen, 37. 13 0; wch at 4rf. per shiU : is 50. 4. 0.
358. 12. 8. 478. 3. 4.
For these supplies payment was to be made by such of the Colonias as should receive their
proportions, within one or two months thereafter, and the amount received was to be appropria-
ted " for the use of the Indians, as the Commissioners for the Vnited English Colonyes shall from
time to time direct." [Records of U. Colonies, May, 1653.J
240 PUBLIC RECORDS
It is ordered and agreed by this Courte, yt Cap*: Jolin Cul-
lick should reserve for the Countrys use, 300 bush: of wheate &
50 bush: of pease ; & the Cuntry is to pay forbearance 8/. p""
centum for one yeare & to repay it at the end of the tearme, in
the same grayne ; in Hke manner is desired ten barrells of porke
for the same use & tearms:
This Courte orders that the neighboring Indyons to the seu-
erall Plantatyons within this Jurisdictyon should be required to
giue an evident testimonye of their fidellity to the English, by
d'd up their gunns & other armes to the Gouenor or Magis-
trates, & those that refuse so to doe may iustly bee deemed &
-looked at by them as their enemies : & that they are not to
shoot of any gunn or gunns in the night, or walk in the night,
except they come with a message to ye English, & in such
cases they are to d'd up themselves to the watch, but if they
runn away from the watch, being comanded to stand, the watch
may shoote y^.
[35] May the 18, 1653. The Generall Courte.
John Haynes Esqr, Gou"'.
Edw: Hopkins Esq"", Deputy, absent.
Magistrates: Roger Ludlow Esq"", absent;* John Win-
throp Esq"", Cap: Cullick, absent ;* Cap: John Mason^
Mr. Webster, Mr. Woolcott, Mr. Clark, Mr. Howell,'
Mr. Taping, absent.
Deputyes : Mr. Steele, Mr. Talcott, Mr. Westwood, Andr:
Bacon, Mr Phelps, Mr. Gaylard, David Wilton, John
Bissell, Mr. Trott, Nath: Dickerson, Sam: Smith, Tho:
Coleman, Stephen Hart, Mr. Ward, Mr. Hill, John Clarke,
Rob: Chapman, Will: Cheesbruck, Hugh Callkin, John
Hall Junior, Rich: Olmsted, Phillip Graues.
The inhabitants of the East side of the greate Riuer are ex-
empted from training with the Towns on the West side, this
present time, & are to meete on the East side as Will: Hill shall
appoint & traine their together, and so to continnue on theire
* Mr. Ludlow and Capt. Cullick were at this time attending a meeting of the Commission-
ers, in Boston.
OF CONNECTICUT. 241
training dayes untill the Courte take furder order : & Will: Hill
is to returne the names of those that doe not meete according
to appointment, as notis shall be giuen them.
Tho: Woodford is freed from watching, during the plesure of
the Com'te.
Roger Ludlow Esq"" and Cap' John CuUick are chosen Com-
missioners for this yeare ensuing, and are invested with full
power to agitate such occatyons as concerne the vnited CoUo-
nyes in the business of this Jurisdictyon, according to their for-
mer Commission.
There are to be prest out of this Collony, 60 men, besides
officers, which are to be p^portioned out of the severall Towns
pr Mr. Talcott and Sam: Smith, Mr. Hill & Dauid Wilton ;
they are also to pi'portion for the p^visions sutable for such a
servis, for two months time.*
May the 29*^, 1653.
Will: Lewis & Will: Phillips doe acknowledg themselues to
be a hundred pounds indepted unto this Jurisdictyon : the con-
dition is, that yf Jo": Doyes shall be of good behauior to all peo-
pell within this Jurisdictyon to the end & Terme of tenn days
next ensuing, then this obligatyon is voyd, otherwise to stand
in force.
Will: Waller is to deliuer unto John Clarke Junior, of Sea-
brooke, a pair of carte-wheels that the said Waler hath now in
vse, within 8 days after this date, & the wheeles are to beaprised
by Francis Bushnell, Steeph: Post & Tho: Tracy, & what the
said Waller is indepted upon account unto the said John Clarke
is to be allowed out of the prices of the wheels, & the said Wa-
ler is to pay unto the said John Clarke, for his dammage, 30s,
as allso the cost of the Courte.
• The Commissioners of the United Colonies, who were at this time in session at Boston,
having "considered what number of souldgers might bee requisite if God call the Collonyesto
make warr against the Dutch. & concluded that five hundred for the first expedition should bee
the number out of the foure Jurisdictyons," apportioned tnis number to the several colonies as
follows ; to Massachusetts, 333 ; Plymouth, 60 ; Connecticut, 65 ; New Haven, 42. Captain
John Leverett, of Boston, who had been despatched as the agent of the Commissioners, to the
Manhattoes, to treat with Gov. Stuyvesant and his Council, was selected as Commander in
Chief of the forces to be raised, " with respect to the opportunity hee now hath to velw &
obserue the scituation & fortifycations at the Monhatoes." [Records of U. Colonies.]
22
242 PUBLIC RECORDS
Capt: Sebadoe is this day fined tenn pounds for bartring with
the Indyons, powder & lead.
Forasmuch as John Dawes hath giuen forth threatning, ma-
litious speeches against Mr. Hopkins his person, for his execu-
ting of justice (when hee was Govern^,) on the said Dawes his
wife, this Courte censures the said John Dawes to bannishment ;
that the said John Dawes shall within tenn dayes ensuing de-
part from this Jurisdictyon, and not to returne againe to any
place within this Jurisdictyon on the perill of his life.
[36] The Generall Courte, May the 21, 1653.
Searjant Rich: Olmsted is allowed by the Courte to exercise
the souldiers att Norworke & to vewe the armes & to make re-
turne to the Courte of the defects.
Whearas ther is a difference betwixt Norwauke & Farfield,
each towne is appointed to send two men to vewe the place and
debate betwixt themselues, & if they cannot agree they are to
make choyce of two inhabitants of Stratford to vew the said
difference with them & make returne to the Courte how they
finde it, that so there may be an issue of the same, they paying
the sayd Stratford men for their time. Will: Berdsly and Phil-
lip Groues are appointed by the Court to that servis.
The Courte hauing received order from the Commissioners
that their are to be sixty fine men to be prepared forthwith*, to
be at a day's warning, with prouisions sutable; the Courte ray-
seth the men out of the severall towns of this Jurisdictyon as
followeth, who are to be forthwith impressed to be at a days
warning or call, as also that sutable pi'uisions and ammunityon
shall be forthwith prepared : —
Winser,
12
Wethersfield,
8
Pequett,
5
Farmington,
3
Mattebezek,
1
Seabroock,
5
Norwack,
1
Farfield,
8
Hartford,
15
Stratford,
6—64
The officers of this Company, that the Courte requires to be
over them are as followeth : —
Liuetenant Cooke is to be Commander in CheifFe ;
Liuetenant Bull, to be their Liuetenant ;
* See note on page 241, ante.
OF CONNECTICUT. 243
Liuetenant Thomas Wheeler, of Fairfeild, to be their En-
signe ; Rich: Olmsteed, of Norwocke, to be a Seriant, & the
other Seriant is to be chosen by the officers of this Company ;
Hugh Wells, to be their drummer.
The Courte orders that there shall be a Committee in each
Towne in this Jurisdictyon, with whom the Constables of each
Towne shall take their advice in the pressing of men for this
present expedition. The names of the Committee are as fol-
loweth ; For Windsor, Mr. Woolcott, Mr. Chester, Mr. Clarke,
Mr. Phelps & Dauid Wilton ; for Hartford, Mr. Webster, Mr.
West wood &L Good: Bacon ; for Wethersfeild, Mr. Wells, Nath:
Dickerson, Sam: Smith ; for Farmington, Mr. Steele, Good:
Harte ; for Pequett, Mr. Wintropp (if at home,) Capt: Denison,
Good: Calking & the Constables ; for Seabroock, Capt: Mason,
[37] Good: Clarke & Good: Chapman ; || for Stratford, Good:
Groues & Good: Thorenton ; for Fairfeild, Mr. Ward & Will:
Hill.
The Court orders that the milletary officers of Stratford shall
remaine as they ware before Mr. Ludlowe went away, untill
Mr. Ludlowe returne againe.
Granted to John Winthrop Esq^, the trees or timber of three
or foure swamps where he can finde any Pine, Spruce or Ceder,
or any other wood fitt to sawe, & liberty to cutt any other tim-
ber in any part of the wast lands for the supply of his saw
mill.
The provissions to be prepared by this Jurisdictyon for the
present expedityon, are as followeth ; 6 bb. of Porke, 4 bb. of
Flower, 35001^ of Bread, 4 firkins of Butter, 4001^^ of Cheese,
a bb. of oat meale, 1 ancor of Licquors, 2 bush: of salt, a tunn
of Bear, 2 hh. of pease.
Richard Lettin complayning that his deafnes makes him un-
capable of trayning, & hee desiring to be freed, its referred to
the Townsmen of Fairfeild to consider of it, & to free him if
they see good cause.
The Court is adiorned vnto the last Wensday in June, at one
of the clocke, unless the Govornor see cause to call it sooner.
244 PUBLIC RECORDS
[38] A Session of the Generall Courte, in Hartford,
CALLED BY THE GoVERNOR, THIS 25th qf JuNE, 1653.
It is ordered by this Courte that their shall forthlwithi bee
presented to the Bay, the present stresses, fears & dangers that
the English bordering vppon the Dutch, both upon the mayne
& Long Hand, are in :
Secondly, to p^'sent the iudgment of the Courte concerning
the power of the Comissioners about making warr :
Thirdly, to present the reasons & grounds of the Courtes
judgment, as aforesaid :
Fourthly, humbly to craue that the designe may goe on ac-
cording to the consult of the Commissioners & therefore that
three Magistrates may giue a call to the Commissioners to
meete in thes parts for the managing of the present occatyons
of the Collonyes, according to the Articles of Confederatyon.
& that if thes things bee denyed, then in like manner to desire
that we may haue libberty to gather up voluntiers amongst
them, to inable us to promote C own safty & effect what ne-
cessarily conduces thereunto.
June the 27, 1653. '
Whereas there are certaine barrells of powder and ammuni-
tyon* that came out of the Bay into this Riuer & Jurissdiction
due to this Collony from o"" friends in England for reasonable
pay, it is therefore ordered, that the same be kept intire, not de-
vided, vntill the expedition now in hand bee over, or elce this
Courte giue other order to the contrary.
It is ordered that Mr. Haynes & Mr. Ludlow shall treate
with Mr. Eaton & o^ friends of New Hauen, boath about the
ship, as also what incouraygment to sende to the English of
Long Island & Indyons, as friends.
The Generall Courte is adiorned untell the last Thursday in
July, if in the meane time the Governor see not cause to call it
sooner.
* See note, on page 239, ante.
OF CONNECTICUT. 245
[39] A Session of the Generall Couute in Hartford, this
28 of July, 1653.
John Haynes Esq'", Governor.
Magistrates : Mr. Woolcott, Mr. Webster, Mr. CuUick.
Deputy es : Mr. Phelps, Mr. Trott, Mr. Tailecott, Mr-
Westwood, Edw: Stebbing, John Bissell, Nath: Dicker-
son, Sam: Smith, Andr: Bacon, Tho: Coleman, Stephen
Harte, John Halls.
This Courte desires the Governor to write to Cap*. Mason,
yt hee would heare y^ difference between James Ellis & Pata-
quack Indyons, & if hee can, to end it, and to let them know
from the Courte that if hee doe not end it they must come up
to the Courte.
The Courte is adiorned to this day fortnight, at one of the
clock in the afternoone.
A Session of the Generall Courte, 11 Aug: 1653.
Mr. Haynes Esq', Goveno'.
Magistrates : Mr. Wells, Mr. Webster, Mr. WooUcott,
Mr. CuUick, Mr. Clarke.
Deputyes: Mr. Gaykrd, Mr. Phelps, Mr. Trott, Mr.
Tailcott, Mr. Westwood, Edw: Stebbing, John Bissell,
Andr: Bacon, Dauid Wilton, Sam: Smith, Tho: Cole-
man, Steph: Harte, Will: Smith, John Hall.
Mr. Ludlow & Mr. CuUick are desired to attend the next
meeting of the Commissioners at Boston, in Sep*, next.
This Courte appoints the Governor, Mr. Webster, Mr. Cul-
lick & Mr. TaUlcott, as a Committee to treate with the owners
of the Frigott, & agree with them for the use of the same, &
to d'd her up to them as soone as they can.
This Courte consents that the Treasorer should receive of
Capt. CuUicke, y^ some of 10/. or 20/. for y^ Countries vse,
which they will repay.
The Courte is dissolued.
22*
246 PUBLIC EECORDS
[40] A Generall Courte held the 8 of September, 1653.
John Heynes Esq*", Govornor.
Mr. Webster, Mr. Woolcott, Mr. Clarke, Mr. Welles.
[Deputyes ;] Mr. Steele, Steev: Harte, Mr. Talcott, Mr.
Westwood, Andr: Bacon, Edward Stebbing, Mr. Gay-
lard, Dauid Wilton, absent; John Byssell, John More,
Capt. Dennison, Good: Chesbroock, Andr: Winard, Tho:
Morehouse, Rob: Webster, Will: Smith, John Clarke,
Rob* Chapman, Nath: Dickenson, Sam: Smith, Mr.
Trott, Tho: Coleman.
Liuetenant Cooke is allowed fifty acres of medow in Massa-
coe. This U Cooke ownes to he in his father Ford's improue-
m\ at a Court in May, Anno '61.
The Courte doth grant the soulders of these 4 Townes upon
the Riuer and Farmington, one day for a Generall Trayning
togeather, & they haue liberty to send to Capt. Mason to desire
his p^sence & to giue him a call to command in chief, & to ap-
point the day ; p'uided that each Towne shall haue power to
reserue a guard at home, for the safty of the Townes, as occa-
tyon shall searue.
It is ordered that Hartford Guard shall be allowed halfe a
pound a powder for a man upon the Electyon day, & no person
is to desert the Guard that is therein lysted but with liberty
from the Govornor.
The list of the persons & estates in the several Towns : —
Hartford, 19749. Norwacke, 01968.
Windsor, 15084. Matabezeck, 01501.
Wethersfield, 12243. Pequit, 03334.
Farmington, 05157. Fayerfield, 8822.
Seabrooke, 04268. Stratford, 7450.19s.
The Court granteth Mr. Winthrope libberty to improue for
his own pniculer, ten acres of grownd, where it may sute him
for the keeping of goats, betwixt this & Pequet, without the
bounds of the libbertyes of the plantatyons ; & likewise he hath
libberty to finde out a place for the setting up a saw mill where
it may not preiudice the plantatyons or farms allredy giuen out.
Liuetenant Cooke is to haue 50 acres in Massacoe, on boath
sides the Riuer, next aboue the Fauls. John Bissell is allso
OF CONNECTICUT. 247
to haue 60 acres on both sides the aforesaid Riuer, next the
Leiftennant.
There is also graunted to Tho: Ford 50 acres at Massacoe,
whereof foure & forty hath bine improued by him by plowing
& mowing as it was measured by Mathu: Graunt, bounded by
the upland south west & compassed round by the Riuer, unless
it be about 30 Rodde on the south east against another stripp
of meadow.
There is fiue pound to be payd by the aforesaid partyes to
the Tresurer, which was formerly disbursed by the Country.
It is desired, that Mr. Woollcott & Mr. Clarke should dispose
of the remainder of the ground at Massacoe, to the inhabitants
of Wyndsor, as they judg convenient, & to order the laying
out of the former grants.
[41] Whereas it is obserued that many seamen, diuers times
waygh anker in the harbours of severall Plantatyons within thes
libbertyes, & pass out on the Lord's Day, to the griefe &
offence of the behoulders ; for the preventing whereof, it is
ordred, that after the publishing this order, noe vessell shall
depart out of any harbour within this Jurisdictyon but the
master of the boat or vessell shall first giue notis of the occa-
tyon of his remoue to the head officer of the Towne next the
said harbour where they soe ancor & obtaine lysence under the
hand of the said officer for his liberty therein ; otherwise they
shall undergo the censure of the Courte.
The Courte is adiorned to the last Wensday of this month,
at 9 a clock.
A Generall Courte in Hartford, caled by the Govornor,
UPPON SPECIALL OCCATYONS, 21*^* OcTOBi", 1653.
John Hayns Esq"", GovC".
Mr. Wells, Mr. Woolcott, Mr. Webster, Mr. Cullick,
Mr. Clarke.
Deputyes: Mr. Phelps, Mr. Trott, Mr. Tailcott, Mr.
Westwood, Mr. Steele, absent, Mr. Gaylerd, absent, Edw:
Stebbing, Andr: Bacon, John Bissell, Dauid Wilton,
248 PUBLIC RECORDS
Nath: Dickerson, John Hollister, John Deming, John
Coles, Will: Smith, Rob: Webster, absent.
This Court desires the Magestrates & Deputyes of the Courte
in Windsor to consider of the complainte of some there about
the burning of tarr in or neare unto the towne, to their offence
& preiudice, & to order the same as they judge meete, for the
preventing of inconveniences for the future.
Mr. Gouornor, Mr. Ludlow, Mr. Tailcott & Dauid Wilton
are chosen for a Committee to goe next seacond day to New-
hauen and meete with their Committee to consider aff:*
[42] A Speciall Generall Courte, caled by the Govorn-
OR, held in Hartford, the 29 October, 1653.
John Haynes Esq)^, Govorn'.
Magistrates : Mr. Wells, Mr. Webster, Mr. Woolcott,
Mr. Cullick, Mr. Clarke.
Deputijes : Mr. Tailcott, Mr. Westwood, Mr. Phelps, Mr.
Trott, Mr. Hollister, Mr. Dan: Clarke, Edw: Stebbing,
Andr: Bacon, John Bissell, Nath: Dickerson, Dauid Wil-
ton, John Deming, Steph: Hart, John Coale, Good:
Calking, Good: Meads, Will: Beardsly, Tho: Sherwood,
Rob: Webster, Will: Smith.
It is ordered by this Courte, that the writings which haue
beene read in the Courte, shall be sent to the Bay, and to Colo-
nell Fenwick, Mr. Hopkins & Collonell Haynes,t vnder the
* The refusal of Massachusetts to bear any part in the proposed war against the Dutch,
which had been resolved upon by the Commissioners of all the other N. England Colonies, at
the meeting in September, gave great offence to their confederates, and was announced by the
latter as a violation of the articles of confederation and tending to a dissolution of the union.
Special sessions of the General Courts of New Haven and Connecticut were convened shortly
after the return of their Commissioners from Boston, and the former Colony determined upon
seeking redress and aid from England. An address to the Lord Protector was voted, and an
agent appointed to solicit from the Parliament, ships and men for the prosecution of the war.
A Committee was appointed to confer with Connecticut ; to meet with whom, for the purpose
of ' considering affairs,' the General Court of Connecticut appointed the Committee named
above. The week following, letters were ordered to be addressed to Massachusetts, — and
to Col. Fenwick, Mr. Hopkins and other influential friends of the Colony, in England. [New
Haven Records: Trumbull's Hist, of Conn. ii. 212.]
t This was probably Hezekiah, second son of Governor Haynes, who (with his elder brother,
Robert,) remained in England. In the civil war he sided with the Parliament, and eventually
became a major general under Cromwell. [Trumbull's Connecticut,, i. 216 Note.]
OF CONNECTICUT. 249
Secretary's hand, as from the Generall Courte, for them to doe
therein according to their wisdomes & Hght.
It is ordered & granted that warrants shall issue forth from
the Tresurer, to the seuerall Townes in the Jurissdictyon, for
the leving of a Rate & halfe, for this yeare, to be payd ^ in
wheate, at 4ss. pr bush: ^ in peass or rye, at 3ss. pr bush: & ^ in
Indyon corne, at 2ss. bd.
Mr. Ludlow, Mr. Wells, Mr. Westwood & Mr. Hull are de-
siered to keepe a perticuler Courte at Farfield, before winter, to
execute justice there as cause shall require.
The Courte is adiorned to the first Wednesday in December
next, in the forenoone, except the Governor see cause to call it
sooner.
A Session of the Generall Courte, in Hartford, the 23*^
OF NovembJ", 1653.
John Haynes Esq"", Govor"".
Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott,
Mr. Cullick, Mr. Clarke.
Deputyes: Mr. Phelps, Mr. Tailcott, Mr. Trott, Mr.
Westwood, Edw: Stebbing, Dauid Wilton, Andr: Bacon,
John Bissell, Nath: Dickerson, Dan: Clarke, John Hol-
lister, John Deming, Steep: Harte, John Coale, Rob:
Webster.
This Courte taking into there serious consideratyon the com-
plainte of the inhabitants of Middletowne, concerning John
Willcock, doe order, that John Willcock shall, within 12
moneths from this time, build a tenentable howse upon the home
lott giuen him by the Towne or layd out to him by them, &
liue therein according to agreement, & so long as other inhab-
itants in that Towne are injoyned & haue agreed to liue uppon
their lotts, if he soe long liue, or elce prouide an inhabitant to
liue thereon in his stead for the time aforesayd ; which if he
shall neglectt to doe, then his home lotts & all his other allot-
ments thereunto api'taining shall returne to the Towne & bee
to yni and at their dispose, as if they had never beene laide out to
him.
250 PUBLIC RECORDS
This Courte approues that the name of the Plantatyon com-
monly caled Mattabesick shall for time to come bee Middell-
towne.
This Courte agrees & concludes that the 201 formerly grant-
ed to a fellowship in Harvard CoUedg, shall be payd next spring.
This Court is adiorned to Wedensday next, at 9 a clock in
the morning.
[43] A Session of the Generall Courte in Hartford, the
30th OF November, 1653.
Mr. Haynes Esqr, Gouornor.
Mr. Wells, Mr. Webster, Mr. Woollcott, xMr. Cullick,
Mr. Clarke.
Deputies : Mr. Tailcott, Mr. Phelps, Mr. Trott, Mr.
Westwood, Dan: Clark, John Bissell, Dauid Wilton,
Edw: Stebbing, Nath: Dickerson, Andr: Bacon,. Jokn
Deming, Mr. Hollister, Stee: Harte, John Coale, Rob:
Webster, Will' Smith.
The Courte is adiorned to the first Wednessday in March
next, after Lecture.
A Session of the Generall Courte in Hartford, the first
OF March, 1653-54.
Magistrates : Mr. Wells, Moderator. Mr. Webster, Mr.
Woolcott, Mr. Cullick, Mr. Clarke.
Deputizes: Mr. Phelps, Mr. Tailcoat, Mr. Trott, Mr.
Westwood, Dauid Wilton, John Bissell, Andr: Bacon,
Nath: Dickerson, John Deming, Rob: Webster, Will:
Smith, Edw: Stebbing.
Vppon the complaint of Pawcatuck Indyans, this Courte
orders, that they shall inioye their planting ground at Pauca-
tuck, prouided they cary friendly & peacably to the English: —
And Goodman Stebbing & Good: White, being to goe to
Paucatuck, haue libberty granted them to looke out & finde
where Mr. Haynes may haue at Paucatuck the farme of three
OF CONNECTICUT. 251
hundred acres formerly granted, which was then to abutte in
ip^t or whole uppon Paucatuck Riuer, & they to make report to
the Courte of w* they shall finde & the true bounds of what is
desired.
This Courte being informed that the inhabitants of Pequett
haue taken possesion of Vncus his forte & many of his wig-
wams at Monheag, doe order, that a letter should bee writte
from the Courte to the inhabitants, to acquaint them of Pea-
quett, to advise them not to mollest the Indyons in their plant-
ing ground or other rightful! possessions, & that if they haue
done as is complayned, the Courte expects they should giue an
account of their soe acting.
The Courte is adiorned till Munday next, at 8 a clock.
[44] The 6th of March, 1653-54.
In respect of a sad bi'each God hath made amongst us, in re-
gard of the sudden death of c late Governor,* & the like mor-
tallity of c neibours in the Bay, & some eminent removalls
of others, «fe spreading opinions in the Collonies, the condityon
ofo'' natiue Countrey, the alienations of the Colonies in regard
of the Combinations, It is therefore ordred that ther may be a
day of humiliation throughout this Jurisdictyon, on the 15^^
day of this month.
A Session of the Generall Courte in Hartford, 6*''
March, 1653.
Magistrates : Mr. Wells, Moderator. Mr, Ludlow, Mr.
Winthrop, Mr. Webster, Mr. Woolcott, Mr. Cullick,
Mr. Clark.
Deputyes : Mr. Phelps, Mr. Tailcoat, Mr. Westwood, Mr.
Trott, Edw: Stebbing, John Bissell, Dauid Wilton, Nath:
Dickerson, Dan: Clarke, Andr: Bacon, John Deming,
Robt; Webster.
Mr. Tailcott and Mr. Sam: Willis were voated & passed to
be nominated at the next Generall Courte of Electyon, for
Magistrates.
*Gov. Haynes died March 1st, 1653-4.
252 PUBLIC RECORDS
It is ordred, there shall be a speciall warrant granted to Jon-
athan Guilbert to arest Tho: Baxter for his severall misdea-
meanors committed within this Jurisdictyon, to the disturbance
of the peace thereof, & the said Jonathan to haue power to
rayse such considerable forces as hee sees meete to execute his
warrant.
Mr. Westwood & Rich: Goodman are desired to veiw the
prison & cause such reperatyons to be done thereunto as they
judge meete.
It is ordered, that Stratford & Fairefild should each Towne
chuse a man, to be chosen Assistants to the Magistrates, and
present them to the next Courte of Electyon for that end.
The Courte is adiourned to the third Wednesday in Aprill
next, by 9 a clock in the morning, except the Moderator sees
cause to call it sooner.
[45] Att an Assembly of Freemen, in Hartford, this 16'^*'
Febu: 1653, to chuse a Moderator.*
Mr. Thomas Wells was chosen Moderator for the pJ'sent
Generall Courte vnder adiourmt; & was invested with full
power by them to call the next Generall Courte of Electyon.
A Session op the Generall Courte in Hartford, the 6 of
Aprill, 1654.
Magistrates : Mr. Wells, Moderator. Mr. Webster, Mr-
Woolcott, Mr. Cullick, Mr. Clarke.
Beputyes: Mr. Tailcott, Mr. Phelps, Mr. Trott, Mr.
Westwood, Dauid Wilton, Edw: Stebbing, John Bissell,
Natha: Dickerson, John Holister, Dan: Clarke, John
Deming, Andr: Bacon, Rob: Webster.
Vppon informatyon of some weaknes that for the present
attends the body of Mr. Mathew Allen, this Court frees him
from trayning for the present untill they see cause to the con-
trary.
* This was rendered necessary by the death of Gov. Haynes, and the absence of Deputy Gov-
ernor Hopkins, who was now in England.
OF CONNECTICUT. 253
This Court hauing duly considered the insufferable, reproach-
full speeches of Thorn: Baxter against the Cheif of this Juris-
dictyon, & his insolent carriages in seuerall pi'ticulars (testyfied
upon the oath of seaverall credible persons,) to the greate dis-
turbance & breach of the peace of this Common wealth, doe
order & sentance, that the sayd Tho: Baxter shall pay as a fine
to the Common Treasuory the summ of fifty pounds, besides
the 20/. allredy seized for the breach of his Recogniscance, &
that he shall alsoe putt in 200/. bond as security from some able
person in this Jurisdictyon, that the Courte shall approue & ac-
cept, for his behauior of the space of one whole yeare next
ens[uing,] and be farther responsible to Newhaven & Road
Hand for what misdemeanors he hath committed in their Juris-
dictyons.
Rob: GriflTen, of Newport, in Roade Hand, maketh oath in
Courte, that hee did supply Tho: Baxter with what meate or
provisions hee needed for himselfe & could haue supplyed him
arid all his men with p^visions from October last to this day,
whereby it appears that the ground of Baxters running away
from Road Hand was not through want of p^visions for his men,
as he falsly pretended.
[46] This Court uppon the complaint of Mr. Sam: Mayo
against Tho: Baxter for his unjust seizure of his vessell, the
Desire, of Barnstable, & his goods therein, vnder a pretence of
a commityon receved from Roade Hand, hauing duely weighed
the premeses & considered all that the said Baxter can or will
say in his owne defence, for his soe doing, doe finde, adiudge &
declare, that the sayd Baxter hath not acted therein according
to his commission or instructyons, & therefore his seizure is
vniust, whereby the sayd vessell, with all that belongeth unto
her, is adiudged of right to belong unto the sayd Mr. Sam:
Mayo ; & doe allso adiudg the sayd Tho: Baxter to pay unto
Mr. Mayo, for damage in severall respects sustained by him, by
reason of the aforesaid vniust seizure, one hundred & fifty
pounds; and the cable at Mr. Briants to be d'd to Mr. Mayo;
& the said Baxter is to d'd in to Mr. Mayo the 2 bonds, one of
40/. & another of 1000/. giuen him by Dickenson & Karman,
of Hempsted, in reference to the seizure : the perticulars are as
foUoweth : —
23
254 PUBLIC RECORDS
Imps For 3 mens wages & himselfe from 18 Aug. last, 68. 0. 0
For waring cloaths & bedding, . . 10. 0. 0
For swords & gunns, . . . . 6. 0. 0
For Ibb of tarr, 1. 4. 0
For expences in trauell in pi^suance, . . 10. 6. 0
For sayls & ropes that are lost, . . 12. 0. 0
For a hh. of meale, 2. 10. 0
For the loss of the use of the vessell, . 40. 0. 0
150. 0. 0
Only it is prouided & explained that if the said Baxter shall
returne with the vessell to the sayd Mayo the sayls & ropes,
with two swords and 4 gunns which are taken from the vessell,
they are to be discounted as part of payment out of the 150/.
damage, at the price of 18/.
[47] This Courte, considering the order sent over from the
Counsell of State by authority of parlaiment of England, that
as wee expect all due incoridgment, aide and assistance from
the said Common wealth of England, as the state and condityons
of affaires will admitt, soe it is expected that wee should in all
cases so demeane o'selues against the Dutch as against those
that haue declared themselues enemies to the Comon wealth of
England, doe therefore order & declare, that the Dutch howse
the Hope, with the lands, buildings & fences thereunto belong-
ing, bee hereby sequestred & resarued, all perticular claimes or
pj^tended right thereunto notwithstanding, in the behalfe of the
Common wealth of England, till a true tryall may be had of the
pi'mises, & in the meane time this Court prohibitts all persons
whatsoeuer from improuing of the premises by virtue of any
former title had, made or giuen, to them or any of them, by any
of the Dutch natyon, or any other, without the aprobatyon of
this Courte, or except it bee by virtue of power & order rec'd
from them for their soe doing ; & whatever rent for any part of
the premises in any of their hands, it shall not be disposed off
but according to what order they shall receive from this Court
or the Magistrates thereof
This Courte considering & beeing deeply sensible of the sad
effects & consequences that attend Indyons being supplyed or
furnished with liquors or strong water, whereby they haue
OF CONNECTICUT. 255
beene acquainted with and exposed unto the commission of a
grieuous sinn to the greate dishonor of God, abuse of themselues
& great hazard of their Hues & peace of others, doe therefore
order, sentance & declare, that it shall not be lawfull for any
person whatsoeuer, male or feamale, one or other, within this
Jurisdictyon, either directly or indirectly, to sell, barter, lend,
giue or any otherwise, under any plea, coller or pretence what-
soeuer, convay to any Indyan or Indyans, small or greate, any
strong water or liquors, sack or any other sort of wine of any
kinde, upon penalty of fine pounds for a pinte, for every pinte
of either wine or liquors aforesayd, & forty shillings for the
least quantyty ; one third part of the penalty to bee & belong
to those that shall informe & proue any delinquency, *to the
publique Treasury.
[48] It is also ordred, that whatsoeuer Berbados Liquors,
commonly caled Rum, Kill Deuill, or the like, shall be landed
in any place of this Jurisdictyon, and any part thereof drawn
and sould in any vessell, lying in any harber or roade in this
Common wealth, after publicatyon of this order, shall be all for-
fited & confiscated to this Common wealth ; & it shall be law-
full for any person in this Jurisdictyon to make seizure thereof,
two thirde parts to belong to the publique treasury & the other
to the party seazing.
And it is allso farther ordred, that every ancor of Liquors
that is landed in any place within this Jurisdictyon, shall pay
to the publique treasury lOss. & every butt of wine 40ss. or
hodshede of wine 20ss. or quarter cask lOss. wheather they are
full or noe. This order repealed, M'rch 12"', '58-'59.
It is allso ordered, that none shall haue liberty to retaile any
quantity of strong waters or wine of any sort without a license
from the Courte of Magistrates, uppon peanalty of 20ss. for
every default.
The Courte is adiorned till next Wednesday come fortnight,
at pne of the clock in the afternoone.
* " and two thirds," or words equivalent, seem to have been omitted here.
256 PUBLIC RECORDS
[49] A Generall Courte of Electyon, the 18*^1 day of
May, 1654.
Edward Hopkins Esq"", chosen Gouornor. absent.
Mr. Wells, chosen [Deputy'] Govornor.
Magistrates chosen : Mr, Webster, Maior Mason, Mr.
Winthop, John Cullick, See''; Mr. Woolcot, Mr. Clarke,
Mr. Willis, Mr. Tailcot, Tresu\
Deputyes : Mr. Steele, Mr. Westwood, Mr. Trott, Mr.
Phelps, Mr. Fitch, Capt. Denison, Mr. Warde, Hugh
Calking, John Bissell, Dauid Wilton, Tho: Foard, Andr:
Bacon, Will: Hill, Dan: Titterton, Tho: Coleman, John
Hollister, Phill: Graues, John Lattimore, Mathu: Griss-
wold, John Cole, Rob: Webster, Will: Cornwell, Mathu:
Marven, Mathu: Camfield,
The freemen voted that this Generall Courte should haue
power to chuse Commissioners for the ensuing yeare.
The freemen voted & ordered to bee added to the Fundamen-
talls, as followeth : —
That the maior p^t of the Magistrates, in the absence of the
Govornor & Deputy, shall haue power to call any Generall
Courte ; and that any Generall Courte, being legally called &
mett, the maior p^t of the Magistrates & Deputyes then mett
(in the absence of the Govornor & Deputy,) shall haue power
to chuse vnto & from among themselues, a Moderator ; which
being done, they shall be deemed as legall a Generall Courte to
all intents & purposes as if the Govornor or Deputy were
present.
The names of those who at this Courte ware mayd free, are
as followeth : —
Hartford ; Walter Gray, Willam Willams, John Clow, Na-
than: Rusco, John Stedman :
Windsor ; George Grissell, Samm: Marshall, Joseph Lum-
mis, Thomas Lummis, Nathan: Lummis, Simon Woolcott, Jo-
seph Phelps, Samm: Grant, Walter Lee, Anthony Hoskins,
Nicholas Wilton :
W ether sfild ; Thomas Wright, James Wright, John Graues,
Phillip Smith :
Midletowne ; William Harris, George Graues, Samm: Stock-
OF CONNECTICUT. 257
ing, John Savidge, Samm: Hall, Natha: Browne, George Hub-
bard :
Norwack ; Mathu: Camphile, Thom: Hanford :
Farmingtone ; John Hartt, Sam: Lomes, Simon Wrothem,
Joseph Kelodg, Will: Ventris, Tho: Porter, & Stephen Harte.
[50] It is ordred by this Courte, that Mr. George Hull &
Allexander Knowles, of Fairefild, Phillip Graues, of Stratford,
& Mathevv Camfill, of Norwack, shall be Assistant to such Ma-
gestrate or Magistrates as the Courte shall at any time send
amoung them, in the executyon of justice, & they hereby im-
pouer them to examine misdeameanors, to graunt out suinons,
or binde ouer delinquents to Courte, in this Jurisdictyon, for
either of them to marry persons, to press horses by warrant
from them as the publick welfaire of this Common wealth &
theire perticuler Towns may or shall at any time require ; they
giuing an acco* to this Courte of the same, when required
thereunto.
This Courte taking into consideratyon the complaint of
Vncus agt some in Pequett for laying out & taking up parte of
his land which hee conceiues they haue no right unto, doe de-
sire, with the consent of the said Vncus, that Maior Mason
would as speedily as hee may, taking Mathew Grisswold, of
Seabroocke, with him, goe to Pequett & joyne with Mr. Win-
trop to draw the line betwne Pequett & Vncus according to the
bounds graunted that towne, beginning their line & soe carry-
ing it on in the most indifferent place & way, that noe aduan-
tage (as neare as can,) may be taken by Points or Coues, either
to them or this Jurisdictyon, but that which is most equall on
boath sides to be attended ; which being done, they are desired
to sett downe where they finde the line to end, & indeavo'" to
compose differences bet: Pequett & Vncus, in loue and peace ;
and what they shall doe in there premises, in euery respect, they
are desired to make repourt of to the Generall Courte.
Mr. Hopkins & Mr. Wells are chosen Commissioners for the
yeare ensuing, & if Mr. Hopkins come not in season to attend
that saruis, then Mr. Webster is desired to supply his absence.
It is ordred by this Courte, that the Assistants at the seaside
shall haue liberty & power to examine those p^sent misdeame-
nors amongst them, & as they finde cause either to sende up
23*
258 PUBLIC RECORDS
delinquents to come to there tryall at Conettycut, or otherwise
to sende up for som Magistrates to goe theither to keepe Courte
amongst them. Mr. Deputy, Mr. Webster & Mr. Clarke were
desired & appointed to attend that saruis ifneede soe require.
[51] Robert Webster is confirmed by the Courte Leiftenant in
Middeltowne, for the yeare ensuing accord: to the motyon of
the Towne.
Mr. Tailcoate & Andrew Bacon are desired to goe downe to
Seabrook & attend the petityon of the inhabitants of this
Towne.
It is ordered, that the Secretary of the Courte shall truly in
the Country Booke of Records record the agreement of this
Jurisdictyon with Colonell George Fenwick Esq"", about the
forte.
Whereas, not withstanding an order of this Comon wealth
that noe corne or provityons mentyoned theirin shall be trans-
ported out of this Jurisdictyon upon penalty of confisscatyon,
except they enter the same with the Committy appointed by
the Courte, & giue in security to them or either of them that
the premises shall be deliuered as in the said order* is expressed,
much corne & other provisions contrary to the sayd order is
transported, and the end of the order hazarded ; for the preven-
tion whereof this Courte doth heereby authorize Cap*. Denison,
of Pequett, upon all vessells that come into y * Harber, and for
yt end hee is farther authorized to goe aboard any such vessells
& to require an account of theire loading & sight of their
Cockett,t & such vessells as hee findes that the Ma^s: of them
haue not attended the aforesaid order, hee shall stop and binde
ouer the said Mai's: with suffitient security, to answer the same
at the next Courte at Hartford ; for which hee shall haue one
fourth parte of what the said Courte shall see cause to take
from such delinquents, by virtue of the aforesaid order, & the
Mar of each vessell that lades at that Towne, in p»'t or whole,
shall enter his cargoe &c giue in security to him in the behalfe
of this Jurisdictyon, according to that order, to whome hee
shall graunte a certificate, for which the Ma^ of each such ves-
sell shall pay unto him 126?.
* Page 131, ante. j A customhouse voucher, or permit.
OF CONNECTICUT. 259
This Courte declarelh to Herman Garritt, yt for the present
they judge the proofe about y^ land the Country claimes to
bee stronger then his, that is in pt. of the Pequett Country,
& therefore the grounds of his claime to it not to bee of
sufBtient strength, & soe consequently at the Countrys liberty
to dispose of, & theirfore they aduise Herman Garritt not to
molest Mrs. Haynes in the improument of it, hauing suffitient
libberty of planting by it for himselfe & his men, & that if he
can produce any further or clearer testimony to evince his right,
the Court will attend it.
Edwar Stebbing & Tho: Coleman are appointed to draw up
some rules for sealing leather etc.
The Courte adiorned to the first Wednesday in Aug: except
the Deputy see cause to call it sooner.
[53] A Session of the Generall Courte in Hartford,
CALLED BY THE DePUTY GoVORr, THIS IS^h JuNE, 1654,
Mr. Wells, Deputy Gouo^.*
Maior Mason & John CuUick are chosen Commissioners for
the yeare ensuing, and are desired to goe downe to the Bay,
and attend the seruice there as occasions p^sent.
The Commission of Maior John Mason, of Seabrooke, and
Capt. John Cullick, of Hartford, men of approved fidellity &
discretion, now sent from the Generall Courte of Conneticutt,
assembled in Hartford aforesaid, this 13 day of June, 1654: —
Whereas, the Generall Courte of Conetticutt haue rec'd a let-
ter from his highness Oliuer, Lord Protector of England, Scott-
land & Ireland, in reference to an expedition which is judged
necessary without delay to be attended, wherein all the Colonies
are (as is conceiued,) deeply concerned, doe therefore send you
as agents from this Collonye to treate with Maior Rob: Sedge-
wick & Capt: John Leveritt, sent ouer with Comission from his
said Highness, now at Boston, or else where, with such other
person or persons as are joined in comission or counsell with
them, either from his said Highness or any of the Colonies,
about all matters and things what soe ever, that may appeare
* The names of the other members of the Court are not recorded.
260 PUBLIC RECORDS
necessary to bee debated, relating to the aforesaid expedityon ;
and you are to certifye uppon all occatyons what shall bee the
result & issue of y negotiations in reference to the premises.*
Instructyons for Maior John Mason & Cap*. John Cullick,
sent as Agents from the Generall Courte of Connecticutt, now
assembled at Hartford, this IS^h of June, '54 : —
You are with all convenient speed to trauell to Boston, in the
Massachusetts, where you may meete with Maior Rob: Sedge-
wick & Capt. John Leueritt, togeather with the Agents from
the other Collonies, to whome hauing (at request,) shewed y
Commission, veiwed & p^'used theirs, according to the contents
thereof you are to treate & negotiate with them about p^suance
of an expedition ag* the Duch &c. If you finde the Massachu-
setts Colonye shall joyne with their due proportions of men
with the other Colonyes, you may ingage c meete proportion
with them of men as neare as you can, in order to the designe,
according to the Articles of Confederatyon, provided the whole
number from Eng[Iand] & all the Colonyes exceed not 1500.
If the Massachusetts Collonye shall refuse to joyne in p^portyon
in the aforesaid service & uppon debate it appeares the other
Colonyes, or those of them that shall joyne, may or are able to
carry on the designe with hopefull fruite of success without the
Massachusetts, you may ingage this Colonye to joyne therein,
pi^vided the number of men to goe out from us exceed not 200,
wherein you are to avoyde volunteers what you may, but rather
then the designe shall fall } ou may admitt of 4 or 500, p^vided
they all ingage to be under the comand & at the dispose of such
coinanders as you shall approue or appoint ; if neede bee you
may ingage, if the rest in counsell see meete, the ordinary wages
for souldiers, & their proportyon of the spoile with others in that
seruice, if God in his mercy giue us success.
* In a letter, of the 10th of June, Mr. Welles writes to Major Sedgcwick and Capt. Leveret,
" 1 have received yours of the 5th of this instant, and have given a call for a Generall Courte,
but our tovvnes being farr distant wee cannot meete untill the beginning of the weeke. I have
sent a messenger to Major John Mason, who lives at Seabrooke, but he is not yet returned. I
knowe that our Colony will with all thankfullness imbrace this favour and respect from his
Highness, and with all readines attend the counsell and advice of his Commissioners ; wee shall
send one commissioner to joine in counsell with yours, and I suppo.=e by this time you under-
stand what concurrence there is from the Bay, that you might informe us what number of men
you expect from us and what kinde of provisions you most need," &c. [Hutchinson's CoUec-
Cion, 253.]
OF CONNECTICUT. 261
[52] A Generall Courte caled by the Deputy Govon"", the
11th OF July, 1654.
Mr. Wells, Deputy Gov.
Magistrates : Mr. Webster, Maior Mason, Mr. Wooll-
cott, Mr. CuUick, Mr. Tailcoatt.
Deputyes • Mr. Steele, Mr. Phelps, Mr. Trott, Mr. West-
wood, Mr, HoUister, Tho: Coleman, Andr: Bacon, John
Latimore, John Coale, John Clarke, Rob* Webster, Will:
Cornewell.
Mr. Wells, Mr. Webster, Mr. Tailcoat, Mr. Steele, Andr:
Bacon & John CuUick & Sam: Fitch are chosen as a Comittee
to drawe up and sende one letter to the Coporatyon, one to
Generall Monck and one to Mr. Hopkins, & to p^vide for the
Comissioners.
The order for restraint of trade with the Dutch & other for-
reigne natyons is repealed.
It is ordered, that there shall bee a man pJ'vided to bee with
Maior Mason uppon the saruice of the Country at Seabroock,
adding for the same to his sallery, 20/. a yeare.
Dan: Garritt is to attend the prison, as Ma^ thereof.
The Courte is dissolued.
[54] A Session of the Generall Courte in Hartford,
THE 3^ OF October, 1654.
Mr. Wells, Deputy Gou>-.
Magistrates : Mr. Webster, Mr. Woolcott, Mr. CuUick,
Mr. Clarke, Mr. WiUis, Mr. Tailcoat.
Deputyes: Mr. Steele, Mr. Gaylerd, Mr. Trott, Mr-
Allen, Mr. Fitch, Mr. Westwood, Edward Stebbing,
Nath: Dickerson, John BisseU, Andr: Bacon, John Hol-
lister, Tho: Sherwood, Tho: Fairechild, Tho: Coleman,
John Clarke, Rob: Webster, Tho: Chapman, Tho: Whit-
more.
The distribution or devision of men to bee pressed out of each
Towne to attend the expedition to Narragansett,* according to
the conclusion of the Comissioners, is as foUoweth : —
* The Commissioners, at their meeting in September, had resolved upon war with Ninigret,
262 PUBLIC RECORDS
Windsor, .
8 persons.
Wethersfeild, .
6.
Pequott,
4.
Farmington, .
. 2.
Mattabeeseck,
1.
Seabroock, .
4.
Norwacke,
0.
Fairefeild,
. 6.
Hartford,
9.
Stratford,
5.-45.
The persons that are to goe first, wch are 24, are to bee out of
the Townes following ; — Windsor, 4 ; Pequott, 4 ; Matabee-
seck, 1 ; Hartford, 6 ; Wethersfield, 4 ; Farmington, 1 ; Sea-
broock, 4; — 24. The remainder of the first numbi" being 21,
w^h are to attend & be in reddines as a reserue, are to goe out
of the towns folowing ; — Windsor, 4; Hartford, 3; Wethers-
field, 2; Farmington,!; Fairefild, 6; Stratford, 5; — 21.
Mr. Webster, Mr. Stone, Mr. Fitch, Mr. Will: Whiting &
Mr. John Whiting, presenting to this Courte a distributyon of
Mr. Whitings estate, agreed uppon by them and under all their
hands, and baring date the 30*^ September, 1654, the Courte
allowes the said distributyon & orders it to bee recorded.
The Courte allso allowes and approues of the judgment and
apprehensions of the Comittee, (viz : Mr. CuUick, Mr. Steele
& Mr. Allyn,) about Mr. Whitings will, so farr as they all agree,
& order it to be recorded.
This Courte giues Mr. Will : Goodwin libberty to make vse
of w" Timber from the waste land belonginge to the Countryj
hee shall haue occasion for to keepe his sawe mill in imploy-
ment.
This Courte grants Mr. Cullick libberty to draw and sell one
hogshead of Clarrett & a quarter casck of red wine to his
friends & neighbors, free from the Countryes excise. And this
Courte doth allso further graunt unto the said Mr. Cullick, free
license and libberty for the futur to draw out or sell to his
friends & neighbours w** wine & liquors hee shall see cause,
free from the Countryes excise.
[55] It is ordred by this Courte, that it shall not bee lawfull
and had ordered forty horsemen and two hundred and fifty foot soldiers to be forthwith levied
from the several Colonies. Of these. Massachusetts was to provide the forty horsemen and 153
foot; Connecticut, 45; Plymouth, 41 ; and New Haven, 31. A part of this force was to be
despatched with all expedition to the Niantic country, and the remainder to hold themselves in
readiness to march upon notice from the commander-in-chief, — the selection of whom was con~
ceded by the Commissioners, to Massachusetts. [Rec. of U. Colonies ; Hutchinson's History, I»
186, 187, & Collections, 861 ; Trumbull's H. of Conn. I. 233, 224.]
OF CONNECTICUT. 263
for any p^sons whatsoeuer to draw any Wine, Strong waters of
any sorte or kind, stronge Beare or Syder, & sell it out by re-
taile to any persons whatsoeuer, except such person or persons
in each Towne as are licensed so to doe from the Courte.
Whereas, Notwithstanding a former order restraining the
selling of all wine & liquors to the Indyans, that greate & cry-
ing sinn of Drunkenes reignes amongst them, to the greate dishon-
or of God & hazard of the Hues and peace boath of the English
&, Indyans, w^h as this Courte is informed is by the frequent
selling of Syder or strong Beare to them, It is now ordered by
this Courte, that it shall not bee lawfuU for any person or per-
sons whatsoeuer within these libbertes, directly or indirectly, to
sell, lend, barter or giue to any Indyan or Indyans whatsoeuer,
small or greate, one or other, any wine, liquors, beare, syder* or
metheglin, or any sorte or kinde whatsoeuer except it bee their
ordinary howshould beare, for w^h they shall haue noe recom-
pence, uppon the former penalty of fiue pounds for euery pinte
& 40ss. for the least quantity, one third parte to bee to the
partyes informing and the other to the publique Treasury.
This Courte orders, that the 5th day of the next weeke bee
kept a publique Fast & day of humilliation, throughout all the
Plantatyons in this Jurissdiction, to seeke the presence and bless-
ing of the Lord uppon the present expedition to the Narragan-
setts, according to the conclusion of the Comissioners, wherein
C future peace & comforts are much concerned.
This Courte desires & appoints the Magistrates to take the
most seasonable time to giue order for a publique day of Thanks-
giuing throughout this Jurisdictyon.
This Courte frees Thorn: Allen, the sonn of Mr. Mathu
Allen, from his fine of 20/.
The Comittee chosen by this Courte to press men and neces-
saryes in each Towne, for this expedityon, in each Towne till
it bee ended, is as followeth ; —
For Windsor, Mr. Phelps & Mr. Allyn, to joyne with the
Magistrates there :
For Hartford, Mr. Webster & Andrew Bacon, to joyne with
the Mages trates there :
For Farmingione, Mr. Steele & the Constable :
• [In margin,] "The p''ticuler respecting Sider in this law, is repealed, Mrch IV*', '58-'59."
264 PUBLICRECORDS
For Wethersfeild, Mr. Hollister, Thomas Coleman, & Natha:
Dickerson, to joyne with the Deputy Govonor :
For Middletowne, Rob: Webster, Tho: Whitmore, with the
Constable :
[56] For Seabrooke, John Clarke & Robert Chapman, with
the Maior :
For Stratford, Tho: Sherwood & Tho: Fairechild, with the
Assistant &^ Constable :
For Fairefeild, Mr. Ward & AUexander Knowles, with the
Constable :
For Pequett, Capt: Denison & Hugh Calkin, with the Con-
stable. One drum & 1 p'^ Cullers, fro Pequett:
From Hartford, a Lei ve tenant, & Surgeon, & 4 hogshd. of
Biskett :
From Windsor, a Seriant, & 2 bar: of meale, 1 bar : of peas,
& a boate.
The men are to bee uppon there march next Tuesday morn-
ing ; and are to meete in Hartford, from Windsor & Farming-
tone.
It is ordered, that the size for all Casck for Beefe and Porke,
after the 1 of March next, shall bee 31 gall. &. ^.
The Courte is adiorned to y^ 1 Wednesday in March next.
'[57] A Session op the Genbrall Courte, at Hartford,
Septemb' 14th, 1654.
Mr. Wells, Deputy Govenr.
Magistrates : Capt: Cullick, Mr. Woolcott, Mr. Clarke,
Mr. Willis, Mr. Talcott.
Deputyes : Mr. Steele, Mr. Trott, Mr. Phelps, Mr. Gay-
lor, Mr. Allen, Mr. Fitch, Mr. Westwood, Edw: Steb-
bin, And: Bacon, Mr. Hollister, John Bissell, Natha:
Dickerson, Mr. Ward, Will: Hill, absent ; Tho: Cole-
man, Steph: Hart, Tho: Fairechild, Rich: Olmsted, Rob:
Webster, Tho: Whitmore, Will: Cheesbroock, Hugh
Calkin, John Clarke, Rob: Chapman.
The Lists of the Persons & Estates in the severall Townes
within this Jurisdictyon :— -
OF CONNECTICUT. 265
Persons.
, £.
Persons.
£.
Hartford,
177.
19609.
Norwoake,
24.
2309.
Windsor,
165.
15833.
Stratford,
74.
7958.
Wethersfeild,
113.
12602.
Fairefeild,
94.
8634.
Midletowne,
31.
2173.
Pequott,
Farmington,
46.
5519.
Seabrook,
53.
4437.
The lists of the persons & estates of Pequott is to bee per-
fected & returne thereof bee made to the Magistrates when they
keepe the perticuler Courte there, as is after ordered.
This Courte orders that the estate of Capt: Baxter, attached
by the Constable of Fairefield for the forfeiture of his recog-
nizance, shall bee remitted.
This Courte orders that when executyon is don uppon the
•goods of Tho: Staples of Fairefeild, upon a verdict graunted
to Capt: Baxter, forthwith attachm* bee graunted upon those
goods for the use of the Country, untill this Courte sees what is
to be done in reference to this fine.
Whereas, Notwithstanding former provision made for the
conveyance of the knowledge of God to the Natives amongst
us, little hath hitherto beene attended through want of an able
Interpreter, this Courte being ernestly desirous to promoate &
further what lyes in them a worke of that nature, wherein the
glory of God & the euerlasting welfare of those poore, lost,
naked sonnes of Adam is so deepely concerned, doe order that
Thomas Mynor, of Pequott shall bee wrott unto from this
Courte & desired that hee would forthwith send his sonne John
Mynor to Hartford, where this Courte will provide for his mein-
tenance & schooling, to the end hee may bee for the present
assistant to such elder, elders or others, as this Courte shall ap-
point, to interprett the things of God to y" as hee shall bee di-
rected, & in the meane time fitt himselfe to bee instrumental!
that way as God shall fitt & incline him thereunto for the fu-
ture.*
*" Vppon a motion made to y" Commissioners, by Capt. Cullick, from the General! Courte of
Connecticott, to take into y consideration y" instruction of y'' Indians in theire Jurisdiction, in
y* knowledge of God, and their desire y' John Minor might bee entertained as an interpreter to
communicate to y^ said Indians those instructions w"^'' shall bee deliiiered by Mr. Stone, Mr.
Newton or any other allowed by the Courte, and allsoy' ysaid Minor may bee further instruct
ed and fitted by Mr. Stone to bee a meete instrument to carry on the worke of propagating y"
Gospell to y^ Indians, y'-' Commissioners conceivieng y^ said propositions to bee much condu-
24
266 PUBLIC RECORDS
[58] It is ordered by this Court, that Capt: CulHck, Mr. Steele,
Mr. Allen, as a Comitte by this Courte apointed, are to consider
of Mr. Whitings will, & a right interpretatyon thereof, to-
geather with the SuPre[ y^ of the said will & make report
thereof to this Courte.
It is ordered by this Court, that Mr. Talcoat, Mr. Allen, Mr.
HoUister, shall joyne with Capt: Cullick in receving the ac-
counts for the forte rate, for the yeare past, of the Constables
for the severall plantations uppon the River.
Maior Mason & Capt. Cullick, (if his occasions can permitt
him, if not,) Mr. Clarke, are desired to goe to Pequott & with
Mr. Winthrop to keepe a perticuler Courte, before winter, to
execute justice there as cause shall require.
This Courte graunts power to Maior Mason to call the*
Traine bands togeather once in 2 years, to exercise in a Gen-
erall training on the first or second weeke in September.
It is ordered, that warrants shall goe forth from the Tresurer
for a whole rate for the Country, according to the order of ra-
ting, to be payd f in wheate, ^ in peas, ^ in Indyan : wheatt at
4s. peas at 3s. p'" bush : Indyan at 2s. 6d.
It is ordered by this Courte, that the next Wednesday come
three weekes, bee kept a day of Publique Thanksgiuing in the
severall Plantations within this Jurisdictyon.
The Courte is adiorned to the first Wednesday in March next
except the Deputy Governor see cause to call it sooner.
[59] Articles of Agreement, made and concluded betwixt
George Fenwick Esq"" of SeaBrooke Fort, on ye one
part, and "Edward Hopkins, John Haynes, John Ma-
son, John Steele and James Boosy, for and on y^ be-
halfe of ye Jurisdiction of Connecticott River, on ye
other part, y^ 5^^ of Decembr, 1644.*
The said George Fenwick Esq'" doth by these p^'sents convey
cing to y" propagating of y' hopeful! work, doe desire y'= Magistrates of Connecticott to take
careyiy"^ said Minor bee enterteined at Mr. Stones or some other meet place, and they shall or-
der yt due allowance bee made for his dyet and education out of the corporation stock." [Rec.
of U. Colonies; Sept. 23d, J 654.]
• Recorded here, pursuant to an order of the Court, May 18th. [See pp. 119,215,258. ante.]
OF CONNECTICUT. 267
and make over to ye use and for y" behoofe of y^ Jurissdiction
of Connecticott River aforesaid, y^ Fort att SeaBrooke with y^
appertenances hereafter mentioned, to bee inioyed by them for
euer :
Two demiculvering cast peeces, with all y^ shott thereunto
appertaining, except fifty W^^ are reserved for his own use '.
Two long Saker cast peeces, with all y^ shott thereunto be-
longing ; one Murderer, with two chamb''s, and two ham-
mered peeces ; two barrells of Gunpowder :
Forty musketts, with Bandaleers and rests, as allso foure
carabines, swords, and such irons as are there for a draw
bridge ; one sow of lead, and irons for ye carriages of
ordinance ; and all y^ housing within ye Palisado :
It is allso provided and agreed betwixt ye said parties, y* all
ye land uppon ye River of Connecticott, shall belong to ye said
Jurissdiction of Connecticott, and such lands as are yet undis-
posed shall bee ordered and given out by a Committie of five,
whereof George Fenwick Esq"" aforesaid is allwayes to bee one.
It is further provided and agreed, yt ye Towne of Sea Brooke
shalbee carryed on according to such agreements, and in yt
way which is allready followed there and attended betwixt Mr.
Fenwick and ye Inhabitants there.
It is allso provided and agreed betwixt ye said parties, y*
George Fenwick Esq' shall have liberty to dwell in and make
use of any or all ye bowsing belonging to ye said Fort, for ye
space of ten yeares ; hee keeping those w^h hee makes use of,
in sufficient repaire, (extraordinary casualties excepted ;) and
in case hee remove his dweUing to any other place, y^ hee give
halfe a yeares warning thereof, y* provision may bee made ac-
cordingly ; onely it is agreed y' there shall bee some conven-
ient part of ye bowsing reserved for a Gunner, and his family,
to live in, if ye Jurissdiction see fitt to settle one there.
It is further provided and agreed bettwixt ye said partyes,
that George Fenwick Esq"" shall inioye to his owne proper use«
these p^ticulers following : —
1. The house neare adioyning to ye wharfe, with ye wharfe
and an acre of ground thereunto belonging, provided ye sayd
acre of ground take not up above eight rodd in breadth by ye
water side :
268 PUBLIC RECORDS
2. Tlie point of land and ye marsh lying under y^ barne all-
ready built by ye said George Fenwick :
3. The Island, comonly called Six Mile Island, with y*'
meadow thereunto adioyning, on ye east syde ye River :
4. The ground adioyning to ye Towne-feild, we'i is already
taken of and inclosed \v^^ 3 rayles by ye sayd George Fenwick ;
onely there is lyberty granted to ye said Jurissdiction, if they
see fitt, to build a Fort uppon ye westerne point, whereunto
there shalbee allowed an acre of ground for a house lott.
[60] It is also provided and agreed, yt ye said George Fen-
wick Esqr shall have free warren in his owne land, and lyberty
for a fowler for his owne occasions, as allso ye like liberty is
reserved for any other of ye Adventurers yt may come into
these parts, with a double bowse lott, in such place where they
make choise to settle theire aboade.
All ye formentioned graunts (except before excepted) ye said
George Fenwick Esq^ doth ingage himselfe to make good to
ye Jurissdiction aforesaid, against all claymes y* may bee made
by any other to ye premises, by reason of any disbursements
made upon ye place :
The said George Fenwicke doth allso promise y^ all ye lands
from Narragansett River to ye Fort of Sea Brooke, mentioned
in a Pattent graunted by ye Earle of Warwicke to certaine
Nobles and Gentlemen, shall fall in under ye Jurissdiction of
Connecticutt, if it come into his power.
For and in regard of ye premises and other good considera-
tions, ye sayd Edward Hopkins, Jn^ Haynes, Jn^ Mason, Jno
Steele and James Boosy, authorized thereunto by ye Generall
Courte for ye Jurissdiction of Connecticott, doe, in behalfe of
ye said Jurissdiction promise and agree to and with ye said
George Fenwicke Esq"", yt for and during ye space of ten full
and compleate yeares, to beginn from ye first of March next
ensuing ye date of these presents, there shall bee allowed and
payd to ye said George Fenwicke or his assignes, ye perticuler
sums hereafter following : —
1. Each bushell of Come of all sorts, or meale y* shall passe
out att ye Rivers mouth, shall pay two pence p^ bushell :
2. Every hundred of Biskett y* shall in like manner passe
out att ye Rivers month, shall pay six pence :
OF CONNECTICUT. 26flf
3. Each milch cow, and mare of three yeares ould or up-
wards, within any of y^ Townes or farmes uppon the River,
shall pay twelue pence p"" annu: during y^ foresd tearme :
4. Each hogg or sow yt is killed by any p^ticuler p^son with-
in ye lymitts of y^ River and the Jurissdiction aforesayd, to bee
improved eytherfor his owne p^ticuler use, or to make marketts
of, shall in like manner pay twelve pence p"" annu:
5. Each hoggshead of Beaver traded out of this Jurissdic-
tion, and past by water downe y^ River, shall pay twenty shil-
lings :
6. Each pound of Beaver traded within ye lymitts of y^
River shall pay two pence, onely it is provided y* in case the
generall trade with y^ Indians* now in agitacon pi^ceed, this tax
uppon Beaver, mentioned in this and y® foregoing article, shall
fall:
7. The sayd Committie doe, by the power aforesayd, consent
and agree to and with ye sayd George Fenwicke Esq"", yt hee
ye said George Fenwicke and his heires shall bee free of any
imposition or customes y* may heereafter by the Jurissdiction
bee imposed att ye Fort.
It is agreed y* the aforesaid payments shall bee made in
manner followinge : —
What shall bee due from ye graine that is exported shall bee
payd in graine according to the proportion of the several!
kindes of graine that doe pass away, att the common current
price, neyther attending such prises on ye one hand that the
Courte may sett, nor yett on the other hand such as Corne may
bee sould att through the necessityes of men ; and in case of
[61] any difference,!! then the price shall bee sett by two good
men the one to be chosen by Mr. Fenwicke and the other by
the Courte : what shall bee due otherwise shall bee paid in
Beaver, wampom, barly, wheat or pease, the former considera-
tion for the p[rice] to bee herein allso attended ; and it is pro-
vided and agreed that a strict order and course shall bee taken
in observing what graine is putt aboard any vessell that goeth
downe [the] River, from any of the Townes, and due notice be-
ing [taken] thereof, every boate or vessell shall bee inioyned to
* See page 113, ante ; Rec. of U. Colonies, in Hazzard's St. Papers, ii. 19.
24*
270 PUBLIC RECORDS
take note from some deputed by the Courte in each Towne,
what quantityes and kindes of graine are aboard the said ves-
sell, and to deliver to Mr. Fenwicke or his assignes att Sea-
Brooke, so much as will bee due to him according to the fore-
mentioned Agreements. And likewise [for the] other pay-
ments due care shall bee taken that [they bee] made att the
place aforesaid, in as convenient a way as [may] comfortably
bee attended, and y* all indirect courses bee prevented whereby
the true meaning of these agreements may bee evaded.
In witness whereof the parties beforementioned have here-
unto put theire hands, the day and yeare abouesayd.
Geor: Fenwick Edward Hopkins,
Jo: Haynes,
John M[ason,]
John Steel,
James Boosye.
I have examined and compared this writing with the origin-
all and finde it to bee a true Coppy this 4*^ of March, 1655-56.
John CuUick, Sec.
It was afterwards concluded both by the Generall Courte of
Connecticutt and Mr. Fenwicke, that in case there should any
difference arise touching the Interpretation of any of the within
mentioned Agreements, the determination and issuing thereof
should bee referred to those who made the sayd Agreements,
being best acquainted with theire owne intendments.
It was allso agreed betwixt George Fenwick Esq"" and the
Committee mentioned, the lit'' of Octob'", 1645, in regard there
hath not beene a due and full attendance to the said Agree-
ments this pi"sent yeare, by [many,] which in parte arose from
the unwillingness in masters of vessells to [stay] allwayes att
SeaBrooke for the delivery of the corne due to Mr. [Fenwick,]
that the sayd Agreements shall beginn and take place from the
[first] of March next, being 1645, to the end and tearme of tenn
yeares ; [and] for the preventing of the beforementioned diffi-
culty, George Fenwick [Esq''] doth agree & is content to take
what corne shall bee due unto [him, att] the Townes of Hart-
ford or Wethersfeild. And the sayd Com[mittee doth, in] be-
halfe of the Generall Courte, and by vertue of [power commit-
OF CONNECTICUT. 271
ted] to them, [agree] and undertake that att any time [within
four]teene days, [after] warning and notice given by [Geo: Fen-
wick Esqi", or his assignes, there] shall bee delivered to [any
vessell he or they shall appoint, such corne] as is due to him by
[vertue of this Agreement, att eyther of the Townes aforesaid.
Neverthelesse, it is still provided that the Ma"" of every vessell
[62] carry a note of the quantityes of gray ne,] || with the sev-
erall kindes thereof, that are laden by any aboard his vessell
from such persons as are deputed by the Generall Courte to
that service, and deliver it to George Fenwick or his assignes,
before they depart from SeaBrooke, under the penalty men-
tioned in an order, made by the Generall Courte of Connecti-
cott, for preventing of any indirect or collusive proceedings in
violation of the sayd Agreement. And whereas severall pen-
altyes are by the sayd order to bee inflicted uppon such as shall
transgress, or seeke to evade the true meaning of the sayd
agreements, It is now agreed and consented to by the afore-
sayd Comittie, that the one halfe of that w^h is so forfeited by
any shall bee and appartayne to the sayd George Fenwick Esq"",
or his assignes, and the other to such as shall informe.*
E: Hopkins.
1 have examined and compared this writing with the origin-
all, and finde it to bee a true Coppy, this 4th of March, 1655-56.
John Cullick, Sec^.
[6.S] Feb^: 17: 1646.
It was agreed betwixt Edward Hopkins on ye behalfe of
George Fenwick Esqf, and John Cullick, John Tallcott, John
Porter and Henry Clark, James Boosie and Samuell Smith, on
behalfe of y^ Jurissdiction of Connecticutt, that the Agreement
formerly made with Mr. Fenwick shall bee altered, and what
was to bee receaved by him according to that, reduced to the
tearmes heareafter expressed : viz : there shall, yearely for ten
•yeares payd to Mr. Fenwick or his Assignes, one hundred and
eighty pounds p"" annum, to bee payd every yeare before y^ last
of June, as it shall bee required by the Assignes of the sayd G,
* Pages 61 and 62, of the record, are much torn and defaced ; the missing portions have
been supplied by reference to the original agreement, preserved in Vol. I of • Towns & Lands,'
Doc. No. 3.
272 PUBLIC RECORDS
Fenwick, either to such vessells as shall bee appointed, or to
such house or houses in Wethersfeild or Hartford as hee shall
direct and order, to bee payd ^ in good wheat att 45. p^f B: ^
in pease att 35. p"" B: ^ in Ry or Barly att 35. p' B^i, and if ry
or barly bee not payd, then to pay it in wheat and pease in an
equall proportion ; only this present yeare, some Indian corne
shall bee accepted, but as little as may bee ; Allso there is to bee
receaved by the sayd Geo. Fenwick, what shall bee due from
Springfeild for the foresayd tearme of 10 yeares, as allso what
else may bee due uppon the Beaver trade, according to the
former Agreement with him : Allso, whereas the Towne of
SeaBrooke is to pay, in this sum of 1801. for this yeare, 10/.,
when that Towne increaseth so as they pay a greater propor-
tion in other rates, in reference to what these Townes, Wind-
sor, Hartfoid, Wethersfeild and Farmingtowne doe pay, they
shall increase theire pay to Mr. Fenwick accordingly : allso,
whereas Mattabesuck may hereafter bee planted, they shall pay
to Mr. Fenwick in the same proportion they pay other rates, to
these Townes : These foure Townes being accounted at one
hundred and seaventy pounds.
Edward Hopkins, i John Tallcott,
John Cullick,
James Boosie.
I haue examined and compared this writing with the originall
and finde it to bee a true Coppie, this 4^^ of March, 1655-56.
John Cullick Sec.
[64] A Session of the Generall Courte in Hartford, the
7th OF March, 1654-55.
Mr. Wells, Deputy.
Magistrates : Mr. Webster, Mr. Woollcott, Mr. Cullick,
Mr. Clarke, Mr. Willis, Mr. Tailecoate,
Deputies : Mr. Steele, Mr. Phelps, Mr. Trott, Mr. Gay-
lerd, Mr. Allyn, Mr. Westwood, Mr. HoUister, Edw;
Stebbing, John Bissill, Andrew Bacon, Nath: Dicker-
son, Steph: Harte, Tho: Coleman, Tho: Whittmore.
Richard Church is freed from watching, warding & training.
OP CONNECTICUT. 273
This Courte allowes the souldiers y* went uppon the last ex-
pedition to ye Narragansetts, by vertue of the determination of
the Comissionrs, as followeth :
To the comon souldiers, 16d. a day ;
To the Drumers, 20c?. a day ;
To the Serieants, 2s. a day ;
To the Ensigne, 25. 6c?. a day ;
To the Leiftenant, 3s. a day ;
To the Steward, 25. a day.
This Courte desires Mr. Wells & Nath: Dickerson, for Weth-
ersfield; Mr. Webster and Mr. Cullick, for Hartford; Mr.
Clarke & Mr. Allyn, for Windsor; Mr. Steele & Steph: Harte,
for Farmington; Thomas Allyn and Robert Webster, forMid-
letowne, to receive, alio we & signe to the Treasurer, such bills
of debts from ye Country to any perticular person as shall bee
brought in to them in theire severall Townes. And Mr. Web-
ster & Mr. Cullick are desired to audite the Treasurers acco*^
for the yeare past.
This Courte hath considered the acknowledged transgression
of lawe, about casting Ballast in an inconvenient place, at Weth-
ersfield, by William King, Marriner ; uppon severall grounds
they doe mitigate the penalty of the said order, and doe adiudge
the said King to pay for his transgression aforesaid, 20ss.
This Courte advises that it bee p^sented to the Gen: Courte
in May next, that it may bee ordered, that notwithstanding the
former order w^h req: that such goods as are disstreined uppon
execution should bee apprized by 3 men, as yt Lawe directs,
■vych now proves to bee inconvenient & sometimes iniurious to
ye creditors, it shall hereafter bee lawful! for ye Marshall to
make sale of such goods distreined w^^out the apprizem*^ before
specified, as well as hee may, for the good of the debtor, for the
same pay that the debtor was to make.
[65] A Generall Courte of Election [in] Hartford, this
17th OF May, 1655.
Mr. Thomas Wells, chosen Govrno"".
Mr. John Webster, Deputy Govno^.
274 PUBLIC RECORDS
Mr. Hopkins, Magistrate ; Maior John Mason, Magis-
trate ; Mr. Winthrop, Magistrate. Mr. Woollcott, Mag-
istrate. Mr. Cullick, Magistrate ^ Sec" ; Mr. Clarke,
Magistrate ; Mr. Willis, Magistrate ; Mr. Tailecoate,
Magistrate, Treasurer; M.x. io\va.Cos,xnox&, Magistrate ;
Capt. Thomas Topping, Magistrate.
Beputyes : Mr. Steele, Mr. Phelps, Mr. Gayler, Mr. Allyn,
John Bissell, Mr. Trott, Nath: Dickerson, Mr. HoUister,
John Deming, Mr. Warde, Mr. Hill, Mr. Westwood,
Edward Stebbing, Andrew Bacon, Mr. Brewster, absent,
Will' Cheessbrooke, absent, Robert Webster, Will'
Smith, absent, John Pratt, absent, Phillip Groves, Staph:
Harte, absent, John Clarke, Rich: Webb, Nath: Cam-
feild, Thomas Fairechild.
The names of those w<=h were made Freemen of this Juriss-
diction, at this Courte, are, — Mr. John Russell Senior, Jacob
Gibbs, John Hubberd.
The freemen hath impowered this Generall Courte to chuse
Commission''^ for them, for the yeare ensuing.
A letter is to bee sent to East Hampton, in ans: to theires,
yt it can bee no advantage, but rather the contrary, to theire
devided, shattered condition, not to have dependance uppon or
bee under some settled Jurissd: &c. and therefore advise y™ so
to doe, &c. and to pay w^t is theire just dues to this Comon-
wealth.
Math: Camfeild, for Norwaack, & Phillip Groves, for Strat-
ford, are confirmed Assistants, according to former order, in
May (54.)
Maior John Mason & Cap*. John Cullick are chosen Com-
mission" for this Collony for the yeare ensuing, to agitate with
the other Collonyes, according to the Articles of Confederation,
and Mr. Tailecoate is chosen as a Reserve.
Mr. Govnc, Mr. Deputy & Mr. Clarke are desired to goe
downe to the sea-side to keepe Courte at Fairefeild or
Strattford.
Maior Mason, Mr. Cullick & Mr. Tailecoate, are desired to
goe to Pequett, as soone as may conveniently sute them and
the Towne, to keepe Courte there, and w" other necessary ser-
vice shall appeare.
OF CONNECTICUT. 275
This Courte, considering the petition of Cap*. John Under-
hill, in refFerence to his seizure of y^ Dutch Howse, Hope, &
lands ; they doe, in way of answer, returne as foUoweth : First,
yt notwithstanding all yt hath yet appeared to them, they may
and doe declare y* till more appeares, they shall meinteinetheire
owne seizure of ye pimises, according to the end and extent
thereof. 2^h, yt they see not cause to warr<^ his seizure, nei-
ther shall they allowe or approve of his sale thereof, to any per-
son w"soever, from this Jurissdiction.*
Concerning Mrs, Styles petition, ye Courte declares yt if the
Comittee yt goes to keepe Courte at Strattford and the Towne
of Strattford sees cause, they may settle uppon Mrs Styles w"
shee desires.
[66] This Courte considering the sad complaint of Goody
Beckwith, of Fairefeild, in referrence to her husbands deserting
of her, doe declare y* by w** evidences hath beene p^'sented to
them of ye manner of her husbands departure and discontinnu-
ance, they judge that if the said Goody Beckwith, wife of
Thomas, shall uppon her oath testifie to the Magistrates that
are shortly to keepe Courte at Strattford, that her husbands de-
parture was as others have testified it to bee ; and yt shee hath
not heard from him nor of him any wayes since hee deserted
her, the said Magistrates may give her a bill of Divorce & sett
her free from her said husband.
This Courte considering the appeale of Jonas Wood, of South
Hampton, and well weighing the grounds & causes thereof, doe
* In May, 1653, Capt. Underhill was commissioned by the Colony of Providence Plantations,
as commander in chief of their land forces, for the prosecution of the war against the Dutch.
Under and by virtue of this commission, (and, as he alleges, with the permission of the Gen-
eral Court then in session at Hartford,) on the 27th and 28th of June, 1653, Capt. Underhill
seized the Dutch Fort, " The House the Hope," at Hartford, with the lands adjacent. In
April, 1654, [page 254, ante,] the General Court ordered the Dutch house, with the lands &c.
thereunto belonging, to be sequestered and reserved in the behalf of the Commonwealth of
England, " all particular claims or pretended rights thereunto notwithstanding" ''till a true trial
may be had of the premises," and in the mean time prohibited all persons from improving the
premises by virtue of any title other than should be given them by the Court.
In the petition now presented to the Court, (a certified copy of which is preserved in Vol. I
of " Towns & Lands," Doc. No. 81.) Capt Underhill asks permission to sell and convey the prop-
erty he had seized two years before, — pleading his past services to the Colonies, his straitened
circumstances, and the justice of his claim. Notwithstanding the refusal of the Court to grant
the prayer of the petition, Capt. U. proceeded to effect a sale, and on the 18th of July following,
executed a deed of the premises to Wm. Gibbins & Richard Lord. [Towns & Lands, 1. 82.]
246 PUBLIC RECORDS
judge and declare, that as things have appeared to them they
cannott but justifie the said Woods appeale against John
Cooper, and doe judge that Cooper hath vnjustly molested,
troubled, greived, and dissparaged the said Wood, in a speciall
manner in and about his telling Wood that hee lyed against his
knowledge and concience, w^h charge of his hath evidently ap-
peared to this Courte to bee alltogether groundless aud scanda-
lous. The pi'mises being considered, they doe adiudge the said
John Cooper to pay as followeth :
Im: To Wood, for his charge uppon the first Jury, and all
other charges for his owne defence and clearing, at the several!
other Courtes at South Hampton, wherein hee was defend*, and
all other charges of evidences, wittnesses and otherwise, in
order to his appeale to this Courte, y^ sum of thirty pounds,
£30. 0. 0.
2diy To Wood, for slaundering of him, as aforesaid, 05. 0. 0.
Sfiiy To the Country, in p* of theire charge in )
attendance uppon ye aforesaid appeals, ) 05. 0. 0.
40. 0. 0.
It being the true intent & meaning of thi^ Courte, notwith-
standing the pJ'mises, that John Cooper should pay all the char-
ges of the two last pi'ticular Courts at South Hampton and of
the Generall Court there, over and above the aforesaid sum of
forty pound, that is, so farr as Cooper as plantiff procured ye
charge for himselfe or for the maintenance of his cause against.
Wood ; but so farr as Wood procured any charge for his owne
defence & clearing, Wood is to pay out of the aforesaid suiii
of 30/.
If John Cooper shall not satisfie & discharge to Jonas Wood
the judgem*^ of this Court, viz : the sum of 35Z. betweene this
& the first of July next, then Wood may proceed to execution.
The Sec. is ordered to deliver execution to Jonas Wood
accordingly.
This Courte allowes Cornelius Hull, out of the publique
Treasury, for his charge and expence in coming up hither to
give in testimonie concerning Baxster, 20ss.
John Elderkin, of Pequett, being p'"sented to this Court as
chosen by y^ Towne of Pequett to keepe an ordinary, accord-
OF CONNECTICUT. 277
iijg to order of Courte, wh hee hath accepted of to attend after
29 Sept; next, the Court confirmes him in that place.
[67] This Courte allowes the keeper of the prison, for his
yearly s[alary] 12/. & for delinquents 6^. 8d. ahead.
It is ordered, that the Tovvne of Norwack shall possess &
inioy all ye land w^h they purchased of the Indians, not of right
belonging to the plantation of Fairefeild.
This Court orders, that in the intervalls of Generall Courts,
ye Magistrates shall have power to appointe publique dayes of
Thanksgiving & Humilliation, in this Jurissdiction, as they
shall judge meete.
It is ordered by this Courte, with the approbation of y^ Depu-
tyes from the seaside, viz: P'airefeild, Strattford & Norwacke,
that the whole charge of all such Courts as are kept in any of
the aforesaid Townes, wherein none are questioned for y^
breach of some capitall lawes, shall bee borne by those said
Townes, and that all the charge of such Courtes in any of the
aforesaid Townes as shall have some charged in them for the
breach of any capitall law as aforesaid, shall bee borne one halfe
by the said Townes, & the other halfe by the Country.
Whereas, it doth evidently appeare to this Courte that the
Secretary thereof, for some yeares past, hath not had sutable
recompence for his great paines in the service of his place, by
the former provision or allowance they have made in consider-
ation thereof; It is ordered by this Courte, that the Sec"^ shall
have 18c?. for every action entred by the taking out of any war-
rant respecting the same, either from himselfe or any other Ma-
gistrate, under the sum of forty shillings, and 6d. for every war-
rant: And for every action, as before, above y^ sum of forty
shillings, the Sec shall have 2s. ; And that if any Magistrate
graunts a warrant respecting any action, they shall bee paid for
every warrant, six pence: and they shall take the Secretary's
fees of such persons as they graunte theire warrants to, and at
every Courte, make due payment thereof to him :
It is allso further ordered, that the Sec^ shall have for every
Attachement or Replevin, bond and action belonging thereun-
to,* 55. ; for every Execution under fifty shillings, 2s. Gd., and
every Execution above fifty shillings, 55. ; for every Will or In-
• [In margin ;] " and for coppies of them, halfe so much."
25
278 PUBLIC RECORDS
ventory or both, under 50/., 3s. 4d. ; & for every under a hun-
dred pound, five shillings ; and for every one above a 100/., 6s.
8d. And for the Orders of common concernment in each ses-
sion of the Generall Court published, 25. from each Towne
where they are published ; & what writing perticuler Townes
or persons makes y^ Sec, at any Generall Courte or session
thereof, they shall pay and allowe, w^^out any delay, good re-
compence & satisfaction to his reasonable content. For every
Recognise: entring in Courte, uppon the entry thereof 2s.
The Courte is adiourned to the 1 Wednesday in July next.
[68] A Generall Court in Hartford, the 4*^-^ of Octob''.
1655.
Mr. Wells, Govrno"".
Mr. Webster, Deputy.
Magistrates : Mr. Cullick, Mr. Clarke, Mr. Willis, Mr.
Tailecoate.
Deputyes : Mr. Fitch, Mr. Allen, Mr. Trott, Mr. Hull,
Mr. Steele, absent, Mr. Woolcott, Mr. Westwood, Mr.
Hill, absent, David Willton, Edward Stebbing, John
Bissell, Andrew Bacon, Nath: Dickerson, Sam: Smith,
Tho: Coleman, John Brunson, William Smith, Phillip
Grove, Thomas Fairechilde.
Bartho: Barnard, of Hartford, is fyned 5s. for not returning
the warrants seasonably for Deputyes, according to order.
The Widdow Gibbs her forfeiture of 4/. as by record of
Courte, in Sept. (54) is by this Courte remitted to one halfe, y'
is to say, that shee shall pay but 40ss. w^h*
Richard Lettin, being called 3 times to appeare at this Courte
in answer to his Recognise: and not answering thereunto, hath
forfeited his Recognise: of 20/.
George Phillips, by reason of severall weakenesses that attend
him, is freed by this Courte from Training during his aforesaid
weakeness.
The Comissionrs of Strattford & Fairefeild are fyned 40s. a
* The original is thus incomplete.
OF CONNECTICUT. 279
peece, for theire neglect of meeting according to order, for the
perfecting the Lists.
Sea-Brooke is fyned forty shillings, for not sending y^ Lists
of theire estates to the Courte.
Norwacke is fyned in like manner, for y^ same defect, 40ss.
The Lists of the persons and estates in ye severall Townes
within this Jurissdiction:
Persons.
Estates: £.
Persons. Estates; £.
Hartford,
176.
19525.
Sea-Brooke,
Windsor,
152.
15595.
Norrwake,
Wethersfeild,
.102.
12404.
Strattford, 65. 8165. 10s.
Farmington,
52.
5910.
Fairefeild, 90. 9255. 18
Midletowne,
32.
2315.
Pequett.
The last Wednesday in this month is appointed by this
Courte to bee solemly observed a day of publique Thankesgiv-
ing to ye Lord (for renewed mercyes,) by all the Plantations in
this Jurissdiction.
This Courte adiudges yt Wm. Lewis as Attorny to John
Cogg[ ] shall pay unto James Wakely thirty shillings for his
charges, damages &, uniust molestations hee has sustained, by
reason of his Attornyshipp to Stephen Day, of Cambridge.*
[69] This Courte graunts a penny in the pound, to bee levied
to de[fray the] Country charges & debts, w^^ is to bee paid
three fourths in wheat and pease and one in Indian.
This Courte orders that Danniell Porter shall bee allowed
and paid out of the publique Treasury, as a sallery for the next
ensuing yeare, the suin of six pounds, and six shillings a journy
to each Towne uppon the River, to exercise his arte of Chiur-
gerie.
The Courte is adiourned to ye last Wednesday in March next.
March 26, 1656.
Depuhjes: Mr. Fitch, Mr. Allyn, Mr. Woollcott, Mr.
Trott, Mr. Westwood, Edw: Stebbing, Capt: Willton,
Nath: Dickerson, Andr: Bacon, Tho: Coleman, John
Bissell, Sam: Bissell, Rob: Webster.
* [fn margin:] " John Cullick dissents from the Court in this Act of theires : John Cullick."
280 PUBLIC RECORDS
It is ordered by the Courte, that Mr. Wollcott shall assist
Mr. Clarke in attending the defFects about trainings in the
Towne of Wyndsor, in such cases as 2 Magistrates have power
to ishue.
This Courte doth graunt the request of Good: Wads worth,
Good: Lewis, Good: Wilterton, Good: Seager, in freeing them
from training & watching.
Capt. Jno: Cullick this day promising to deliver into the
Courte the originall agreements betweene Mr. Fenwick & this
CoUony for what they purchased of him, which being done, this
Courte doth order that this Committee now chosen shall give
Capt. Cullick a trve coppy of them vnder their hands, which
shall be att all times full and good in law to all intents & pur-
poses as the originall writings, which writings shall be sealed
with the scale of the Collony.
The names of the Committe now chosen to subscribe y^
aforesd coppys are, Mr. Welles, Mr. Webster, Major Mason,
Mr. Tallcott, Mr. Steele, Mr. Westwood, Mr. Woolcott, Sam:
Smith.
Mr. Webster, Mr. Tailcott, Mr. Fitch, Mr. Woolcott, and
Sam: Smith are chosen to as a Committe for to take in 'the
Accots from ye Capt. concerning the monies pd for their pur-
chase of Mr. Fenwick.
The Courte is adjourned to this day fortnight, if the Governor
sees cause y^ to call it.
[70] A Generall Courte of Election in Hartford, 15
May, 1656.
Magistrates elected :
Mr. Webster Esq'', Governor.
Mr. Welles Esqi", Dep*. Governor.
Mr. Hopkins Esq"", Magist., Mr. John Winthrope Esq',
Major John Mason, Magistrate, Mr. John Cullick,
Magist: <^ Sec"., Mr. John Clarke, Magistrate, Mr.
Willis, Magistrate, Mr. Tallcott, Magistrate 6f Treasu-
rer, Capt. Topping & Mr. Ogden, Magist.
Deputyes: Mr. Steele, Mr. Allyn, Mr. Gaylard, Mr.
OF CONNECTICUT. 281
Brewster, Mr. Trott, Mr. Ward, Mr. Hull, absent, Mr.
Westwood, Mr. Newberry, Nath: Dickerson, Sain:
Smith, Nath: Ward, Edw: Stebbing, Andr: Bacon, Tho:
Coleman, Edw: Griswold, Math: Campfeild, Hugh Cal-
kin, John Brunson, John Hurd, John Welles, John
Clarke, Robert Webster, absent, Tho: Allyn.
Persons made free : — Bartho: Bernard, Wm. Gutteridge, Ben:
Harbor, Philip Davis, Gabriell Line, Wm. Judd.
This Courte doth graunt that John Bissell shall keepe the
ferry at Wyndsor for the next ensuing yeare, being ingaged to
performe the former tearms of his keeping the same with this
addition, that whosoever in this Jurisdiction shall be listed, with
the approbation of the Gen: Courte, from yeare to yeare, for
troopers, shall be passage free for horse & man, so long as he
keepes himselfe vnder & performes the tearmes of his listing, so
often as the said troopers shall with their listed horses travill with
them to Springfeild towne or beyond.
Major Mason & Mr. Tailcoate are chosen Commissioners for
the yeare ensuing, and Mr. Fitch as a Reserve.
Good: Groves is chosen an Assi-stant for the towne of Strat-
ford, Ensigne Gold for Fairefeild, Good: Campfeild for Nor-
walke ; Good: Campfeild is ordered to give the oath vnto the
other two Assistants.
Mr. Governos Mr. Deputy, Mr. Cullick & Mr. Tailcoat are
desired in some convenient time to advise w'h the elders of
this Jurisdiction about those things y* are pi'sented to this
Courte as grevances to severall persons amongst vs ; (and if
they judge it nessisary,) to crave their healpe & assistance in
drawing up an abstract from the heads of those things, to be
p^sented to the Gen: Courtes of the severall vnited CoUonyes,
and to desire an answer thereunto as sone as conveniently may
be.
This Courte, at the request of Stratford, doe graunt that
theire bounds shall be 12 myle northward, by Paugasitt River,
if it be att the dispose by right of this Jurisdiction.
Jonas Wood having given to this Courte in writing vnder
his hand, severall complaintes agt some persons in South Hamp-
ton mentioned in the sd writing, & hath given bonds to prosi-
cute his complts. to abide by the judgment of the Gen: Courte
25
*
282 PUBLIC RECORDS
in Octob"" next: This Courte desire the Dep. Governo'^ to
write to Capt. Topping & Mr. Ogden & acqvaint them with the
aforesd complaints, and thearfore if the complaints, with the
grounds of them, are not timely removed and satisfaction made,
it is desired & expected that the respective persons concerned
should appeare in theire owne defence at the aforesd Gen:
Courte, the first Thursday of Octobr next.
Geo: Fenwick Esq"", having manifested his respect to this
Collony ingraunting that the Towne ofSeabrooke should have
the vse of the Westerne necke, for their young cattle & sheepe
or goates, till further order be given by him or his assigne, he
reserving to himselfe y^ propriety notwithstanding ; The Courte
declares themselves, that is theire apprihensions yt ye benefit &
advantage of the aforesd graunt should belong only to thos per-
sons that cohabitt in the towne platte, till such time as the
aforesd neck be called for again by & for the vse of the aforesd
Geo. Fenwick Esq^ or his assigne.
This Courte graunts Mr. James Fitch a compitent farme,
conteining bet: 2 & 300 Acres, at Menunketeseck, so far as it
is within theire power to make the aforesd graunt.
[71] It is ordered by the Courte, y* the Assistant & Gierke of
the Trained Band in each towne of Stratford, Fairefeild & Nor-
walke, shall hearby have power committed to them to examin &
censure all defects of armes, in their severall townes ; and allso
deffects vpon training dayes, both in not coming late or other-
wise; and to graunt out disstresses ag* the respective delinquents
for the same.
The Courte is adjourned to the day before the Quarter
Courte in Septembr next.
Generall Courte held at Hartford, Octob'' 2^, 1656.
Mr. Webster, Governor.
Mr. Welles, Dep. Governor.
Magistrates : Mr. Clarke, Mr. Tallcott, Mr. Willys.
Dep : Mr. Steele, Mr. Allyn, Edw: Stebbing, Wm. Wads-
worth, Joseph Mygatt, Rich: Butler, Mr. Gailer, Mr.
Clarke, Mr. Newberry, Mr. HoUister, Mr. Robbins,
Good: Dement, John Clarke, Mr. Ward, Hen: Grey,
OF CONNECTICUT. 283
John Herd, John Wells, Lifeten^ Webster, John Brun-
son, Sam: Haile, Good: Calkin.
Vpon ye complaint of Jonas Wood, this Courte orders, y*
Mr. Ogden shall bee written to fro this Courte to graunt exicu-
tion to Jonas Wood, according to the verdict of the Jury, ag*
John Cooper, at a Courte held at South Hampton about a yeare
since.
Ordered by the Courte, that Tho. Backsters bill or bond lying
in the Courte shall be returned to him by the Secritary, w" it
is or can be found.
It is ordered by the Courte, y' w*^ person so ever, either In-
dians or English, shall take any Wolfe out of any pit made by
any other man to catch wolfes in, whearby they would defraude
the right owner of their due from the towne or country, every
such off'endor shall pay to the owner of the pit 10s. or be whiped
on their naked bodyes not exceeding 6 stripes.
Andr: Bacon & John Bernard are exempted from training &.
watching & warding, by the Courte.
It is ordered by this Courte & y^ authority thearof, y* none
in this Common Wealle shall sell any strong liquors after,
above 85. p"" gallon by retail, sil: any yt are lycenced except y^
ordinary keepf®, who shall not exceed 14s. p' gallon by retaile ;
this order to begin at y^ 1 Decembr next, & this order to con-
tinue for one yeare : & none in this Common weale lycenced
shall sell wyne at above 18d. pr qvart, exept to ordinary keep'"s
who are not to exceed 2s. p"" quart, & this order to continve
for one yeare and to begin 1 of December next.
Good: Mygate is lycenced to sell strong lyquors by retaile.
It is also ordered for one yeare, yt two Magistrates shall
have libertye to ly cense such as they see meete, if thos lycenced
shall retale* to sell.
It is ordered by this Courte & the authority thearof, that no
towne wthin this Jurisdiction shall entertaine any Quakers,
Ranters, Adamites, or such like notorious heritiques, or suffer to
continve with them above the space of 14 dayes, vpon the pen-
alty of 5l. per weeke for any towne entertaining any such per-
son ; but the townes men shall give notice to the two next
• This word should be refuse. Several obvious errors and omissions occur in the record
of this session, which is not in the hand writing of Mr. Cullick.
284 PUBLICRECORDS
Magistrates or Assistants, who shall have power to send them
to prison, for the securing of them vntill they can conveniently
be sent out of the Jurisdiction.*
It is also ordered, y* no master of any vessell shall land any
such Heritiqs : but if they doe, they shall be compelled to trans-
port them againe out of this Collony, (by any one Magistrate or
Assistant,) at their first setting saile from the port wheare they
landed them, duering which time the Assistant or Magistrate
shall see them secured, vpon the penalty of 20Z. for any master
of any vessell y^ shall not transport them as aforesd.
[72] It is allso ordered, y* none in this Collony shall sell any
Indian any horse or mare, nor any boate or boate riginge, vpon
ye penalty of five for one, for any such default.
It is allso ordered by this Courte, that vpon consideration of
w* was commended to the severall Courtes, to have vpon re-
corde to posterity the most memorable passages of Gods pi^ovi-
dence f & settlinge & hitherto continuing his
people in this Country, for the attaineing hearof, Major Mason,
Mr. Stone, Mr. Goodv/yn, Mr. Wareham, Mr. Steele & Good-
man Stebbing, are desired to meete to collect such remarkable
passages ; Mr. Pell : & Mr. Ward are desired to send in writing
such occurrances by the sea-side.
It is ordered by this Courte, that such Constables^ within
this Jurisdiction shall make returne of their warrants at Octob'"
Courte, which they received the spring before, & ishue their
accounts with the Treasuror about thos collections which they
were adjoyned to attend by thos warrants for Country Levyes,
vpon the penalty of 405. to the publike Treasury, for every
such default.
The Lists of the persons & estates in the severall Townes
within this Jurisdiction : —
* This Order, (with the three which next follow,) was made by the General Court in con-
formity with a recommendation of the Commissioners of the U. Colonies, who, at their session
in September, had (upon the suggestion of the Governor and Magistrates of Massachusetts Colony,)
"proposed to the severall Generall Courts, that all (Quakers, Ranters and other notorious Here-
tiques be prohibited coinming into the Vnited CoUonyes, and if any shall hereafter come or
arise amongst vs, that they be forthwith secured and removed out of all the Jurisdictions."
" And that no horse or mare, young or old, be sould to any Indian, vnder the penalty of
five for one."
" And also that no boates or barkes or any tackling belonging thearvnto be sould to any In
dian, vndcr the penalty of five for one." [Rec. of U. Colonies.]
t Blank in the original. ^ For ' each Constable' 1
/
OF CONNECTICUT. 285
Persons. Estates. Estates.
Hartford, 188. 19675. 55. 0. Stratford, 9033. 0. 0.
Wyndsor, 152. 15531. 0. 0. Middletowne, 2375. 10. 0.
Wethersfeild,107. 12504. 10. 0. Pequott, 6408. 11. 0.
Norwaake, 3154.10. 0. Seabrooke, 4931. 0.0.
Fairefeild, 10053. 4. 0.
This Courte graunts a Rate in the Country, to bee levyed by
virtue of the Treasurors warrants to the Constables in each
Towne, for three farthings in the pound, to bee pd halfe in
wheat & halfe in pease.
This Courte orders, that when John Elderkin doth lay downe
the ordinary att Pequott, y^ &, not before Geo. Tounge may
have a lycence from any one Magistrate to keepe an ordinary
according to the orders of this Courte, in the aforesd towne of
Pequot.
It is ordered, y* next Wednesday come 3 weekes shall be
kept a publique day of Thanksgiving to the Lord, for the gen-
concurrances of many mercyes the yeare past, by all the plan-
tations in this Jurisdiction, notice being to be given to y^ offi-
cers in each towne by the Deputyes of the Courte from the sd
townes.
This Courte orders, that in ye action whearin Sam: Smith
as Attourny to Tho. Stephenson, did cast Mr. Robbins, 10/.,
yt execution shall be respited vntill beter proofe appeare, pro-
vided he bring it in at ye Quarter Courte in Septem: next.
The Courte is dissolved.
Some other orders made at the Courte in Octol/ 4'^ 1658.
The names of thos that are appointed by the Courte, to be
Leather sealers, for the yeare ensuing : For Hartford, John
Stedman, Edw: Grannis ; For Wyndsor, Good: Olderige, Jobe
Drake ; For Seabrook, Jonath: Rudd, John Olmesteed ; For
Stratford, Good: Groves, & Robert Rice ; For Norwaack,
Richard Olmesteed.
[73] Octobr 2d, (56.)
This Courte taking into serious consideration the severall
deceites and abuses which in other places have beene and are
commonly practised by the tanners, curlers, butchers and
workers of Leather, as also the abuses and inconveniences
286 PUBLIC RECORDS
which acreu to the several! members of this Common wealth
by leather not sufficiently tanned and wrought, which is occa-
tioned by the necligence & vnskillfullness of thos severall
tradesmen, which before, in & after it is in the hand of y tan-
ner may be much bettered or impayred, for prevention hearof,
it is ordered by this Courte and the authority thearof,
That no Butcher, by himselfe or any other person, gash or
cutt any hide of ox, bull, steare or cow, in fleaing thearof,
whearby the same shall be impayred, vnder the penalty of 12
for every such gash in hyde or skin.
Nor shall any person or persons vseing or which shall vse
the mistery of tanning, at any time or times hearafter, offer or
put to sale any kinde of leather which shall be insufficiently or
not throughly tanned, or which shall not then have beene after
the tanning thearof well & throughly dryed, vpon paine of for-
fiture so much of his or their sd Leather as by any searcher or
sealor of leather lawfully apointed shallbe found insufficiently
tanned or not throughly dryed as aforesd.
Nor shall any person or persons vseing or occupying the
mistery of tanning set any of their fatts in tann hills or other
places wheare the woozes,* or Leather put into tann in the
same, shall or may take any vnkinde heates, nor shall put any
leather into any hott or warme oozes w^soever, on paine of 20l.
for every such offence ; nor shall any person or persons vseing
or occupying the mistery or facultye of curreing, burne or
scauld any hide or leather in the curreing, but shall worke the
same in all respects with good & suffitient liqvor both for qual-
iity <& quantity, sutable to the condition of the Leather dreast
by him or them, on paine of forfeture, for every such offence
or act done contrary to the true meaning of this order, the full
value of every such hide marred by his evell workmanship or
handleing, which shall be judged by two or more sufficient and
skillful persons, curreors or others, and their oath given them
for that ende by one Magistrate or Assistant. And every
towne wheare neede is or shall be, shall chuse one or two pei'-
sons of the most able & skillfull within their severall towne-
shipps, & present them to y^ Courte or one Magistrate or As-
* Ooze ; " the liquor of a tan vat." Webster.
/
OF CONNECTICUT. 287
sistant, who shall appoint and sweare the sd persons by their
discretion to make search and view within the presincts of their
limmites as often as they shall think good and neede shalbe,
who shall have a mark or scale prepared by each towne for
that purpose : and the said searchers, or one of them, shall
keepe the same & therewith shall scale such Leather as they
shall [finds] suffitient in all points, one or other ; and if the sd
searchers or any one of them shall finde any Leather sould or
offered to be sould, brought or offered to be searched or sealed,
which shall be tanned, wrought, converted or vsed contrary to
the true intent & meaning of this order, it shall be lawfuU for
the sd searchers or any of them to seize all such Leather and to
retaine the same in their custody, vntill such time as it bee try-
ed by such tryars & in such manner as in this order is appoint-
ed, viz : vpon the forfeture of any Leather, y^ Officer so seiz-
ing ye same shall w^^'m 3 dayes call to him 3 or 4 men, honest
& skillfull in such ware, to view the same in the presence of
the perty, who shall haue timely notice thearof, or without him,
who shall certefye vpon their oaths to the next Quarter Courte
or one Magistrate or Assistant, the defect of the same Leather,
except the perty before submit to their judgment. Nor shall
any searcher or sealor of Leather refuse with convenient speede
to seale any Leather suffitiently tanned haveing timely notice ;
nor shall any such searcher or sealor seale that which is insuffi-
tiently tanned, vpon the forfeture for every such offence [o/]
10s; & the fees for searching ife sealing of Leather, shall be
2d pi" hide for every number vnder five, & 12^ for every dicker*
of Leather, which the tanner shall pay vpon the sealing the sd
Leather, from time to time :
[74] Lastly, its ordered by the authority aforesd yt yc severall
fynes & forfetvres in this order mentioned, be eqvally devided
into 3 p^ts ; one part to the Common Treasurer of the Country,
3t p"^! to the Common Treasury of the towne wheare the offence
comitted, one 3^^ p''t to the seizor or seizers of such Leather
which is insuffitiently tanned, curried or wrought fro time to
time.
* Dicker or dicre ; "a quantity of leather consisting of ten bides." Johnson.
t Thus, in the Record.
288 PUBLIC RECORDS
A Generall Court, called by the Gouernqi^ & Magis-
trates, THIS 26"i of Fes'", 1656.
Joh. Webster Esq^, Gouernoi".
Tho: Wells Esqf, Deputy.
Magistrates : Major John Mason, Capt. John CuUick,
Mr. Clarke, Mr. Willis, Mr. Tailecoat.
Deputies : Mr. Steele, Tho: Judd, Robert Webst^, Geo:
Graues, Mr. Trott, Mr. Robbins, John Dement, Mr.
HoUister, Capt. Denison, Will: Cheesbrook, PhiUip
Groues, Willi: Beardsly, Mr. Allyn, Mr. Gailerd, Mr.
Phelps, Mr. Clarke, Nath: Ely, Sam: Hale, Cornelius
Hull, Henry Grey, John Clarke, Robert Chapman, Mr.
Lord, Will': Wadsworth, Joseph Mygat, Richard Butler.
This Court desires that Major Mason doe warne John 01m-
steed. Constable in Seabrooke, to appeare at the next session of
this Court in Hartford, to answer such irregularities in attend-
ing his warrant for choise of Deputies for this Court as shall bee
charged & proued, complained of hereby William Waller, where
the said Waller is also in like maner to be warned to make
good his compl*. Voted.
This Courte appointe Mr. Steele, Mr. Allin, Mr. Dan: Clarke,
Mr. Lord, William Wadsworth, Mr. Hollisf, John Deming,
Robert Webster, w^h the Magistrates, to bee Committee, to giue
the best safe advice they can to the Indians, if they agree to
meete & being mett shall craue the same of them.
This Court doth order that Mr. Warham, Mr. Stone, Mr.
Blinman &l Mr. Russell bee desired to meet, the first fifth day
of June next, at Boston, to conferre & debate the questions
formerly sent to the Bay Court, or any olher of the like nature
that shall bee p^pounded to them by that Court or by c owne,
w'li such divines as shall bee sent to the said meeting from the
other Collonies ; and that they make a returne to the Gen:
Court of the issue of their consultations. Voted.
It is also ordered, that a coppy of the former order bee sent
to the foure YiW^ chosen for the Synnod, w^h a coppy of 12
questions more, w^h this Court hath agreed should bee sent
by the first opportunity to the Gouernor in the Bay, for the
Synnod to consider w^^ the former questions. Excluded.
/
OF CONNECTICUT. 289
It is also ordered, that the Deputies, w^^ the Deacons of the
Church in each towne, take care that their said E\d'^^ bee
comely &. honorably attended & suited w^h necessaries in their
journey to the Bay and home againe ; and that the same, w^h
their p'"portion of charge in the Bay, 'during their abode there
vpon this seruice, bee discharged by the Treasurer ; and also
the Deputies are impowered to presse horses (if need bee,) for
the end aforesaid. Voted.
It is ordered, that the levy vpon the seurall townes for the
Country, by the last Court, shall bee made for a penny vpon
the pound. Voted.
[75] This Court doth grant liberty to Sam" Marshall of Wind-
zor, to sell strong liquors by retaile, for the space of one yeare.
This Court confirmes the former grant (prooued to them) of
20 myle Hand, w^h the meadow adioyning on the east side the
great Riuer, & comonage appertaining, to Robert Chapman of
Seabrook.
Robert Webster is confirmed Recorder for the Towne of
Middletowne, according to their desire. Voted.
Whereas, there is p^uision made formerly, against all vnlaw-
full games, but the Court hath not explained themselves so farre
as there may bee need, what games they iudge & condemne as
altogether vnlawfull, in the very nature of them. It is now or-
dered, that if any person or persons, of what rank or quallity
so euer, in this Jurisdiction, shall after the publishing of this
order, play at Cards, Dice, Tables, or any other game wherein
that great & sollemne ordinance of a Lott is expressly & di-
rectly abused & p^phaned, the persons playing or that shall
play, more or lesse, at any of the aforesaid games, shall pay for
euery offence 2055. a peece to the publicke Treasury ; & the
head of that family where any such game shall bee vsed or
played, (if hee or shee know of, bee priuy to & allowe any such
playing in their house or houses,) they shall pay in like manner,
2055. for each time any such game is played in part or whole,
but if they play wthout any privity or knowledge of theirs,
then that w<='' otherwise should haue bene paid by them shall
bee paid by the said gamesters or play^ that is to say that the
persons playing shall pay 2055. a time for euery time they play
at any of the aforsaid games, more then his foi'mer penalty, to the
26
290 PUBLIC RECORDS
publicke Treasury; onely it is p''uided that one third part of the
penalties shall bee to the party or parties that shall discouer and
prooue the same to the Court.^ Voted.
It is ordered, that the sallery formerly allowed Daniell Por-
ter shall bee continued to him for the next ensuing year, after
the end of his last sallery. Voted.
Mr. Tho: Fitch, of Norwalke, beeing p>"sented to this Court
as chosen by that Towne for Clarke of their trained band &
Recorder of lands, is confirmed by this Court in the aforesaid
respectiue ofSces & imployments. Voted.
This Court hauing read and considered a certificate from Mr.
Laurence Cornelius, Dutchman, (& the Townsmen of Pequett,)
they doe declare and shew that they allow and confirme the act
of the Towne or Townsmen of Pequet in admitting the said
Lawrence Cornelius an inhabitant of that Towne, to haue free
trade amongst oJ'selues ; p uided in all things hee obserues &
kepes all the wholesome lawes and orders of this Jurisdict: that
either are or shall be made.
This Court doth order that those that shall hereafter bee
made free, shall haue an affirmatiue certificate vnder the hands
of all or the major part of the deputies in their seuerall townes,
of their peaceable and honest conuersation, and those and only
those of them w^h the Gen: Court shall approue shall bee made
free men. Voted.
[76] The Deputyes are desired to bring a list of the names of
ihe Freemen in their seui'all Townes to the Gen: Court in Octo-
ber next.
The Court hereby manifests their desires that the reuerend
Eld^'s of the Counsell who formerly transacted the differences
of Hartford Church,* would giue a meeting to the reuerend
Eld^s of the Bay that haue tendred themselues voluntarily to
• " It appears, that about the years 1654 and 1655, several councils of the neighboring elders
and churches were called, to compose the differences between the parties [in the church at
Hartford.] They labored to satisfy them, with respect to the points in controversy. But the
brethren at Hartford imagined that all the elders and churches in Connecticut and New Haven
were prejudiced in favor of one party or the other, and therefore they would not hear their
advice. For this reason it was judged expedient to call a council from the other colonies.
6ome time in the year 1656, it seems, a number of elders and churches from Massachusetts
came to Hartford, and gave their opinion and advice to the church and the aggrieved brethren
But it appears, that in the apprehension of the aggrieved, tlie church did not comply with the
result." [Trumbull's Hist, of Conn. I. 297.]
OF CONNECTICUT. 291
come vp hither to consider and consult w^h way may bee most
agreeable to the rule, to put an end to the difference.
2. The Court desires that Hartford Church would write to
the former Counsell to come together to Hartford to see if they
can compose the differences amongst themselues in this Interim :
if not the former request to bee attended.
3. That there may be letters gratulatory returned to the reu-
erend Eld^s in the Bay, for their respect, & to continue their
former resolutions to come vp to helpe in these cases.
4. The Court desires that Mr. Stone & the Church should,
together w^h their letters of request to the former Counsell,
declare also vnto one or more of them, in writing, the p^ticu-
lars wherein they are not sattisfyed w^h the determination of
the Counsell. Mr. Dan: Clarke is desired to draw the letters to
the Eldrs in the Bay, and to the form^ Counsell.
At the same time, Mr. Gouernor, Capt. Cullicke & Mr. Steele,
(hauing no hand in the pi'mises,) did seuerall times expresse
themselues openly in the Court, to this purpose ; that though
they did exceeding greatly desire any way that might bee dis-
couered to bee the way of God should bee attended for the heal-
ing of those sad differences in the Church of Christ at Hart-
ford, yet being not able, (though oft desired,) to obtaine any
thing from the Court that might make it appeare that that w^^^
they haue done w^as (all things considered) the next way of peace _
according to God, they w^iheld their votes ; but did much &
often expressly desire that the former Counsell might bee first
showed the grounds & reasons, why the Church at Hartford
could not submit to the advice giuen, as the dissenting brethren
had done ; wherein the Counsell missed any rule of Christ in
their aduice for their conviction ; and if the Counsell did not
returne a sattisfying answer, then they should bee willing further
meanes should bee attended ; yet none of these things could
bee obtained.
[/n the margin ;] The Courte is adjourned to the 2^^ Thursday
in Aprill.
Whereas, there is great complaint of the dainage that doth
acrew vnto this Comonwealth by the vnruliness of Swyne, It is
ordered by this Court & the authority thereof, that after the pub-
lication of this order, no Swyne shall goe w'^out rings, at any
292 PUBLIC RECORDS
time in the yeare, that are out of mens owne yards, or wt^in
foure miles of any meeting house ; And those that shall pound
suchswyne shall haue sixpence apeice, besides 2c?. a peice due
to the pound keeper & iust damages. The Court doth also re-
ferr it to the seuerall Townes, to appoint some that shall attend
the execution of this order. This order to take place vpon any
swine of aboue a quarter of a yeare old ; only it is declared that
this order concernes all the Townes in this Jurisdiction, except
[77] Windzor, on whom this order takes place if their Swyne shall
bee found to goe w^^out rings, at any time of the yeare, that are
out of mens owne yards or w^hin three miles of the great Riuer.
Those that were made free men at this Court, are as foUow-
eth : — Mr. John Haynes, Stephen Hopkins, Tho: Butler, John
Pratt, Daniell Pratt.
It is ordered by this court, that while the ministry is main-
teined at Paucatuck, the charge thereof & of the ministry at
Pequett shall be borne as the major part of the inhabitants shall
agree and order, that is whether Pawcatuck shall by & of
themselues maintaine their minister &, Pequett their minister,
or whether they shall both maintaine both their Ministers in a
joynt way.
Sam: Smith of Pequett is confirmed Leiuten* to the trained
band in that Towne.
George Tong is confirmed ordinary keeper in the Towne of
Pequett.
This Court orders that a certificate shall be sent to Cuscaci-
nimo,* by the Sec, to let him vnderstand that this Court allowes
him to keep the Mohegins or others of Vncasses men that are
* Elsewhere, Cassasinanion, or Robin Cassinomon; aPequot Indian, and one of the number
of tributaries assigned to the government of Uncas, after the conquest. He entered the ser-
vice of Mr, Winthrop, shortly after the coming of the latter to Pequot. In 16 47, Mr. Winthrop
presented to the Commissioners of the U. Colonies the complaint of Robin and other Pequots,
of the injustice and tyranny of Uncas, with their petition to be taken under the immediate gov-
ernment of the English, and have some place appointed "where they might hve peaceably."
Their request was not at this time granted ; but in 1654, Robin, in consideration of his service
promised to the Enghsh in the proposed expedition against Ninigret and the Niantics, was freed
from his subjection to Uncas or " any Indian Sachem further than the Commissioners should
direct, and taken under the protection of the English and freed from tribute." The following
year (Sept. 1655,) he was appointed by the Commissioners, Chief or Governor of the Pequot
tributaries at Nameag (or Nameoke,) and JVawyunckque («. e. on both sides of Mystic River,)
in which post he was continued for many years. [Rec. of U. Col.; Hazzard's Coll. ii. 87, 92,
326, 334.]
/
OF CONNECTICUT. 293
wth him, till hee receiues further order from the Gen: Court, or
the Comission'"s, to whom they haue writt for advice, except
Vncas desires them & they desire themselues to goe to Vncas.
This Court doth order, that by admitted inhabitants, specified
in the 7^^ Fundamentall, are meant only housholders that are
one & twenty yeares of age, or haue bore office, or haue 30/.
estate.
It is also ordered, that not lesse than two Magistrates shall
giue the oath of fidellity, at a publicke meeting warned by due
& orderly notice giuen for the said publicke meeting.
This Court orders, that no Indians shall make any hostile at-
tempt vpon any Indian or Indians in any Town or house in this
Jurisdiction, neither shall they march through any Towne w^^
theire armes, or in a hostile manner.
This Court orders that next Wednsday come fortnight, being
the 25th of this instant, shall bee obserued & kept a day of pub-
licke humilliation, by all the Plantations in this Jurisdiction,
to seeke the presence, guidance & direction of the Lord in ref-
ference to the Synnod, & the other waighty concernm** & dif-
ficulties of this Jurisdiction ; & the Deputyes in each Towne
are desired to acquaint their respectiue Eld^s w*h the same.
[78] An Adjournm* of the Gen^i Court, Aprill 9*^, 1657.
Mr. Webster, Gou^no^.
Mr. Wells, Deputy.]
Magistrates: Major Mason, Mr. Clarke, Mr. Cullick,
Mr. Willis, Mr. Tailcoat.
Deputyes : Mr. Allin, Mr. Phelps, Mr. Gaylerd, Mr. Trott,
Mr. Clarke, Mr. Lord, Will: Wadsworth, Mr. Robbins,
Leiftnt Hollistr, Joseph Mygatt, John Deming, Nath:
Ely, Henry Grey, John Clarke, Robert Chapman, Sam:
Hales, Geo: Graues.
John Packer testifieth vpon oath, that at a Towne meeting
at Pequett, the major part of those who were present did vote
that the inhabitants of Mistick & Paucatuck should bee a
Towne of themselues ; and that hee opposed the putting it to
^'ote, and that hee voted against it himselfe.
2G*
294 PUBLIC RECORDS
Nic: Sension is made a freeman.
There being a most horrid mm'der committed by some In-
dians at Farmington, and though Mesapano seemes to bee the
principall acter, yet the accessories are not yet clearely dis-
coui'ed, and none brought to a legall triall, It is ordered, that
Tekomas, Agedowsick & Wonanntownagun ahas Great James,
should bee kept as pledges in the prizon till the murtherers &
accessaries are brought forth to due triall & judgm* ; only the
Court orders that when Tekomas his 2^ sonne shall be deliuered
up as a pledge in his Fathers stead, then Tekomas shall be free.
Also the Court orders, that all the estate of Wepaqum in the
ha^ids of Mr. Newton, shall bee sequestred for the Countreys
security, till the murtherer & accessaries are deliuered vp to the
justice of this Court.
Instructions to those who are to goe to Norwootuck & Pa-
cumtuck ; that they shall acquaint the Sachem and chiefe
there w^^ the horrible bloody act that is lately done at Farming-
ton, and tell them that wee expect that they and all or any other
Indians whatsoeuer shall forthw^h send Mashupanan or any
other that are accessary to that bloody act, either w^^ these o"^
messengrs or so soone as hee or any other accessary thereto bee
p'cured by them, & tell them that wee shall looke at them or
any other that detaine Mashupanan or any that are accessarie
in this act, as our enimyes.
The persons the Court appoynts w^h all speed to attend this
seruice are Jonathan Gilbert & John Gilbert from Hartford, &
the Deputies in Windzor are desired to prouide an able man to
joyne w^^ them herein.
It is ordered, that it shall not bee lawfull for aboue two In-
dians at a time, & they without any armes, to come into any
To\yne or house in this Jurisdict: till the Court shall take fur-
ther order.
This Court also desires that the inhabitants of Farmington
would vse their best indeauo^s to search out, app^hend & bring
before the Gouernoi', either Mesupano, Cherry, or any other that
may iustly bee suspected to bee guilty of & accessary to the
aforesaid bloody fact.
[79] Nathan Gold is approued by this Court to bee put to
OF CONNECTICUl'. 295
election at the next Gen" Court of Election, for to bee a Magis-
trate in this Jurisdict: for the yeare ensuing.
The Commission of Major John Mason, of Seabrooke, sent
from seui'all Magistrates & Deputies, as a Committee ap-
pointed by the last Gen: Court, to attend any cause or exi-
gent that might accrew w^^ concernes this Comon-
wealth, but especially concerning the Indians, before the
next Genii Court of Election.
May 15th, 57. Whereas the aforesaid Committee haue re-
ceiued credible information of seuerall insolent iniuries & insuf-
ferable outrages coiTiitted against the inhabitants of South
Hampton, by some Indians vppon Long Hand neare to the said
South Hampton, but such as owne the Montacutt Sachem as
their Sachem or chiefe, they doe therfore hereby send you (as
their Agent, in the behalfe of this Collor:|y,) w^^ 19 men vnder
yo'' comand, to South Hampton vpon Long Island, where you
are to consider of all matters & things whatsoeuer that may ap-
peare necessary to bee considered and 4ttended, according to
yo"" ensuing instructions, & you are to certify vppon all occa-
sions what shall bee the result & issue of yo^ negotiations, in
refference to the pi'mises.
Instructions for Major John Mason, of Seabrooke, sent w^i^
Commission from the Committee appointed by the Gen:
Court of Connecticutt, Aprill, 1057.
You are w^h all convenient speed to saile w^i^ yo"" men to
South Hampton, where you may meet w^h the Magistrates
there belonging to this Collony, taking in Leiften* Bull, w^^
such assistants there in counsell as they & you shall agree vpon,
who are to consider & attend what shall bee presented in ref-
erence to the p^'mises, according to the ensuing instructions : —
You are to get clearly interpreted to the Montacutt Sachem
the declaration of the Commission''^, w^^ Mr. Ogden will shew
you, in the transcript hee hath from hence, & a coppy left w^h
them :
1. You are to inquire & search out what is the iniury there
done & when.
2. You are to inquire & search out by whom such injury is
done, &, the true vallew of the dammage.
296 PUBLIC RECORDS
3. If you finde it or any part of it to bee done by the Indians
or any of them vnder the Montacutt Sachem, then you are to
finde out so farre as you can, by what or how many Indians
such injury is done, either as agents or accessaryes.
4. You are to require of the Montacutt Sachem such dam-
age as you shall find done by any Indian or Indians vnder him,
or otherwise the iniurious agents & accessaries, according to
law & the articles of agreem* betwene him & vs.
5. If hee declares himselfe vn willing to attend this, so farre
as hee is able, you are speedily to informe thereof.
[80] 6. If hee declares himselfe willing to attend it, but pleades
his inability to effect il, and therefore desires the assistance of
the English, you are (w^^ what men shall bee thought meet) to
assist him & his men to go to the plantation of Indians vnder
him, that haue committed this outrage, of whom it is expected
by this Collony that hee should before you require satisfaction
for the damage done, which if denyed or delayed, then that hee
demands of them the agents and accessaries, (w^h you or hee
shall find out,) to the aforesaid injury, that they are by them
speedily deliuered vp to yCselfe & the Magistrates in that
Towne ; if attained, you are to leaue them w^h those that are
injured, for their satisfaction, according to the act of the Com-
ission''s. If peremptorily denyed, you are speedily to informe
the next Gen: Court, Gouernof or Magistrates of the same, ex-
cept the strength w^^ you &. there can compell them. If de-
layed, then if you see they will come to any termes that will be
for the hono"" of the English and the sattisfaction of the injured
persons, they may agree w^h them as they can, any thing herein
to the contrary notw^f^standing.
7. You are to take charge of the aforesaid men sent you w^h
their prouision & ainunition, as also all other that you shall see
meet to raise there to the furtherance of this worke, who are
injoyned to bee vnder yo"" command at all times & in all things,
both for assisting o^ freinds there in their iust defence, by watch-
ing, warding, or otherwise, as you & those in counsell w^^ you
shall iudge the case doth require.
8. Wee doe not iudge it convenient that you should in yo''
owne person make after any Indians in the woods, where you
can find or come at them.
/
OF CONNECTICUT
297
Lastly, if you cannot attend this seruice, then Leiften* Tho:
Bull is to attend it, &. is invested w^^ all the power heereby com-
mitted to you.
At a Generall Court of Election, 21 ^^ of May, 1657.
Magistrates elect :
John Winthrop Esq^, Gouern"".
Tho: Wells Esq--, Deputy.
John Webster Esqr, Magist: Mr. Tailcott, Mag:
Major Jno Mason, Magist: ■ Mr. Nathan Gold, Mag:
Mr. CuUick, Magist ^ Secrf. Mr. Gosmore, Mag:
Mr. Clarke, Magist: Mr. Ogden, Magist:
Mr. Willis, Mag:
Deputies : Mr. Steele, Mr. Phelps, Mr. Gailard, Mr.
Trott, Mr. Robbins, Mr. Brewster, John Deiiiing, Math:
Camfield, James Morgan, John Wells, Rich: Butler.
Were made free before the Court, those whose names are
underwritten :
Tho: Hubbard, Rich: Seager,
Will: Filly, Nath: Seely,
John Denslow, Sam: Cheesbrook,
Sam: Bissell, Will Hought,
Jonath: Gillet, Juni"", Tho: Adgate,
James Eglstone, Francis Grizwald,
Thomas Huntington, John Norton,
Ambroze Fowler, William Goodwin,
John Graues, Robert Lay,
[81] Sam: Rockwell, Joseph Bird,"
Sam: Gibbes, Rich: Wakely,
Edw: Andrewes, Andrew Sanford,
Begatt Eglstone,
Sam: Church,
Tho: Burnham,
John Baily,
John Root,
Tho: Fitch,
John North,
Josias Elseworth,
Nath: Winchell,
Fra: Hall,
Symon Lobdell,
Geo: Woolcot,
John Harrison,
Enoch Buck,
Josias Arnold,
John Cole,
John Butler,
Sam: Moody,
Robert Warner,
Willi: Cheeny,
Willi: Warde,
John Gilbert,
Michael Omphries,
James Treat,
John Deining Junior,
Nath: Graues,
Mathias Treat,
John Palmer,
Jonath: Smith,
Sam: Belding,
Henry Palmer,
Tho: Dickerson,
Mr. Sam: Wells.
298 PUBLIC RECORDS
Willi: Ventris, John Belding, Robert Foot,
Nalh: Woodroof, Joseph Smith, Joseph Dickerson. .
James Bird, Sam: Wright,
This Court doth approue of the place for a farme for Mr.
Haines, at Paucatuck, w^h Edward Stebbin & John White
haue loocked out for him, about a myle & halfe beyond Pauca-
tuck Riuer, as is expressed in an order, March, '53-' 54, & for
quantity according to Mr. Haines his grant at a Court, June, '52.
This Court doth appoint John Bissell to keepe the Ferry for
one yeare, — at his old house.
Thomas Curtis is freed from training, watching & warding.
Jasper Gunn is freed from training, watching & warding,
during his practise of phissicke.
This Court orders, that this clause shall bee added to the for-
mer order concerning Leather, That no Leather shall bee sold
or offered to bee sold before it bee sealed in the Towne where
it is tanned, & in case it bee found defectiue, the sealers haue
power to fine it or seize it. And in case the owners of such
Leather submit not to the iudgment of the sealers, they shall
choose 3 or 4 able men as a Jury, who shall iudge of the case,
whether it shall bee forfeited or fined & how much, — w^h fines
or forfeitures shall bee disposed of as in the former order con-
cerning Leather. And that no raw hides shall be transported
out of this CoUony, vpon the forfeiture of all such hides.
This Court doth approue of the Commission & Instructions
wch the Comittee sent w^^ Major John Mason to Long Island.
[82] Mo7-e acts of this Court, May, '57.
The testimony of G: Boon vpon oath, that hee heard it ex-
pressed by those that heard it expressed by those that spake in
the behalfe of Fairfeild at a Gen^ Court, that they did not desire
the land aboue the path at the Necke.
Mr. Brewster is chosen an Assistant for the Towne of Pe-
quett, for the yeare ensuing.
The Court desires Capt. Cullick to write a letter to Mr. Win-
throp, as speedily as may bee, to acquaint him to what place
thet^ountry hath chosen him, & to desire his p^sent assistance
as much as may bee.
appointed L. sealers for Fairfeild.
OF CONNECTICUT. 299
John Nott, John Cilburne & John Betts & John Dickerson
are confirmed to bee Serjeants at Wethersfeild.
Good: Groues
Good: Fairchild
Walter Gailard is appointed Leather sealer at Windzor, in-
stead of old Oldrige.
This Court doth confirme Mr. Gold to bee Leiften^ Nehe:
Olmsteed & Rob* Loockuet to bee Serjeants at Fairfeild.
Mr. Deputy & the Magistrates, together wth Mr. Allin, Mr.
Steele, Mr. Phelps, G: Migat, Willi: Wadsworth, and Mr. Hol-
lister, are chosen as a Comittee to attend any occasions as the
State of Comon wealth in reference to the Indians.
The Court is adjourned vnto the second Thursday in August,
except the Magistrates see cause to call it sooner.
Major Mason & Mr. Talcott are chosen Commission''^ for the
yeare insuing.
Mr. Steele & Good: Mygatt are appointed by this Court, to
demand satisfaction of the Indians at Farmington for such dam-
age w^^^ can bee duely proued to bee done by the late fyering
a house, w^h was by one of that plantation, as also to acquaint
them that the Courts mind is that they should nominate some
one to bee a Sachem ouer them, and to make returne hereof at
the next Sessions of this Court.
The Courte orders that the chiefe millitary officer of Middle-
towne, w^'i Geo: Graues, shall haue power to iudge of the de-
fects in traynings, watchings & armes.
[83] Mr. Clarke & John Allin are desired to p^sent a list of
the names of them that desire to bee troopers, at the next ses-
sion of this Court, w^'^ said Court is to approue of whom they
see meet, there being to bee added to the former preuiledges,
that if any troupers horse, being called forth by authority, bee
killd in warre, the country shall pay for him ; w^h troup of horse,
as well as the foot companies, are to bee vnder o^ Majors
command.
Capt. Denison doth acknowledge in this Court that hee
wronged Mr. Blinman & missied his rule, & that hee spake cor-
ruptly in saying that Mr. Blinman did preach for Paucatuck &
Mistick being a Towne before hee sold his land at Mistick a&
aforesaid.
300 PUBLIC RECORDS
This Court doth order, that that the inhabitants of Mistick
& Paucatuck shall pay to Mr. Blinman, that w^h was due to
him for the last yeare, soil : to March last.
Mr. Winthrop, Major Mason, Capt. Cullick, Mr. Tallcott &
Mr. Allin are chosen to bee a Committee to meet at Pequett to
issue matters betwene the inhabitants of Mistick & Paucatuck,
& Pequett, if they can, or else to make a returne how they
leaue things, at the next Generall Court.
This Court doth declare that any Assistant, either at Strat-
ford, Fairfeild or Norwake, his power doth extend to any of
those three plantations. And order that Good: Camfeild, who
is chosen for an Assistant for Norwake, shall giue the oath of
freedome & of a Magistrate, to Ensigne Gold.
Math: Camfeild is sworne an Assistant for the yeare ensuing
according to the extent of his Comission.
A Session of the Gen: Court in Hartford, 12^'^ August,
1657.
Tho: Wells Esq^ Deputy.
Magistrates: Major Jno. Mason, Capt. Cullick, Mr.
Clarke, Mr. Willis, Mr. Tailcoat.
Deputies : Mr. Steele, Mr. Phelps, Mr. Trott, Mr. Gailor,
Mr. Allin, Mr. Robbins, Mr. Dan: Clarke, Mr. Brewster,
Mr. Lord, Wm. Wadsworth, Joseph Migatt, John Clarke,
Robert Chapman, James Morgan, Rich: Buttler.
James Morgan, aged about 50 years, testifyed vpon oath be-
fore this Court that hee being last winter at Jacob Waterhouse
his dwelling house, in company w^h Mrs. Brewster, Goody Wa-
terhouse & Capt. Denison, Thomas Staunton also being p^sent,
hee heard the said Staunton say that the Comissionrs had cast
of Vncus, & hee had it in his pockett to shew.
This Court orders & appoints that Leiftent Wm. Lewis should
to morrow goe to Gilford, & if vpon inquiry there hee vnder-
stand that Thomas Staunton is gone to Branford & not return-
ed, hee is to goe to Mr. Leet & desire hee would take order
that Thomas Staunton, in that Jurisdiction, at Branford or
elswhere, shall bee forthwth sent to Mr. Wells, Deputy Gou-
erno'', or else take security for 40/. that hee will appeare before
OF CONNECTICUT. 301
the Gen: Court at Hartford, on Tuesday next, & abide the
iud^mt of the Court, in reference to such things as shall bee
testify*^ against him by Major John Mason.
[84] Copia.
You are to bring or cause Thomas Staunton to bee brought
before the Gen: Court in Hartford, on Tuesday next, then &
there to answere vnto such things as shall bee alieadged against
him by Major John Mason & for so doeing this shall bee yC
war^
By order of the Gen: Court in Hartford,
J: C: Sec^y.
To Leiften* Wm. Lewis.
/This Court duely & seriously considering what euidence
hath bene p^sented to them by Robert Wade, of Seabrooke, in
reference to his wiues vnworthy, sinfull, yea, unnaturall cariage
towards him the said Robert, her husband, notw^'^standing his
constant & comendable care & indeauo''s to gaine fellowship
w*'' her in the bond of marriage, and that either where shee is
in England, or for her to Hue w^^ him here in New England;
all wch being slighted & rejected by her, disownhig him & fel-
lowship wth him in that sollemne couenant of God betwene
them, & all this for neare fifteene yeares ; They doe hereby de-
clare that Robert Wade is from this time free from Joane Wade,
his late wile & that former Couenant of marriage betwene them;
This Court orders, that Mr. Winthrop, being chosen Gou^no'
of this Collony, shall bee againe desired to come & Hue in
Hartford, w^^ his family, while hee gou^nes, they grant him the
yearly vse or profits of the housing & lands in Hartford belong-
ing to Mr. John Haynes, w^h shall be yearly discharged out of
the publicke Treasury.
Major Mason, Mr. Talcott, John Cullick & Mr. WiUis are
desired to take the first oportunity to treat w''* Mr. Winthrop
for that end.
The Court adjourned to Tuesday next, 9 a clocke.
The Narration of Major John Mason, pi'sented to the Courte,
about the Narragansetts beleaguering of Vncus, at Niantick, is
by this Court accepted, thankfullnesse acknowledged, & order
the same to bee recorded on the back-side of the said Narra-
tion.
27
302 PUBLIC RECORDS
This Court ordered the Seer' to write to the Comissionra in
refference to Thomas Staunton, w^h letter was read & approued,
& the Sec^ ordered to send the same.*
This Court orders that Mr. Brewster shall haue power to put
4 or 5 men into the fort, who shall continue there 2 or 3 dayes
for his defence against the Naragansets, & after that bee so in
readinesse that if Vncus bee againe assaulted by the Naragan-
sets, they w^^ 10 or 20 more, prouided by Mr. Brewster, shall
beare full wittnesse against the Narragansets carriages, till
Vncus his returne home from the Comissionrs, & that speedy
notice or intelligence shall bee giuen to the Deputy Gou^'no^ (if
any fresh assault should happen,) or to the Comissionrs.
[85] Mr. Tailcoat is desired to write to the Norwuttuck &;
Pocomtuck Indians to informe them of the time of the meeting
of the Comission^'s & that if any of them haue ought against
Vncus, his purpose & resolution is to bee there to answere them,
or any others.
A true coppy of the Counsells answere to seuerall questions
sent to the Massachusets from o' Generall Court, being p^sent-
ed to this Court, signed by the Reuerend Mr. Sam: Stone, in
the name of the rest of the Counsell, They doe order that coppies
should goe forth to the seu'"all Churches in this Collony as
speedily, <fe if any exceptions bee against any thing therein, by
any Church that shall haue the consideration thereof, the Court
desires they would acquaint the next Gen: Court in Hartford,
in. Octo"^: that so suitable care may bee had for their solution &l
satisfaction.
This Court considering the ingagemt of Edward Lay to this
Jurisdiction (by 15/. secured in Rich: Feliowes his hand,) of
Robert Codnams estate, that the said Lay should appeare, seuf-
all yeares since, at Hartford, to answere at the Court his abu-
siue cariage & expressions before seui^all of Seabrooke, w^h lo
this time hee hath not attended, they order that vpon the pay-
ment of 5Z. to the Treasure by the said Codnam hee shall bee
free from the aforesaid seizure of Robert Codnams estate' in his
hands, & the said Edward Lay shall bee free from the forfeit-
ure of bond & contempt therein, w<=h 5Z. being paid by Codnam
* See Rec. of U. Col., in Hazzard's St. Papers, ii. 369.
OF CONNECTICUT. 303
for Edward Layes disappearance, according to ingagemS they
iudge that Edward Layes estate should satisfy Codnum for the
same.
This Court being duly sencible of the danger this Comon
wealth is in of being poisoned in their iudgm* & principles by
some loathsome Heretickes, whether Quakers, Ranters, Adam-
ites or some others like them, It is ordered and decreed, that noe
Towne or person therein, wt^in this Jurisdiction, shall giue
any vnnecessary entertainm*^ to any of the aforesaid knowne
hereticks, vpon penalty of fiue pounds for each Hereticque en-
terteind, to bee paid by that inhabitant w^h giues such intertain-
ment to them or either of them, & fiue pounds a weeke for each
Hereticke, to bee paid by each Towne that shall suffer the en-
tertainmt of any such Hereticks, as also 5/. a person that shall
at any time vnnecessarily speake more or lesse w^h any of the
aforesaid Hereticks, except the Magistrate, Assistants, Eld's or
Constable in this Jurisdiction ; all w*^^ fines to bee paid to the
publicke Treasury. Also, it is ordered, that any Magistrate,
Assistant or Constable, in each plantation, vpon any suspicion
of arfy person to bee such an Hereticke, shall, w^^ the helpe of
their Eld^ or Side's in each plantation, examine the said sus-
pected person or persons, 6c if vpon examination hee or they
judge any to bee such Heretickes, the said Magistrate, Assistant
or Constable shall forthw't send them to prizon, or out of this
Jurisdiction. This order to bee added to the former order in
Octob^ (56.)
||86] This Court orders that if Tho: Staunton comes in the
vacancy of this Court, hee shall bee required to put in security
for his appearance at the Court in Hartford in October next.
The Court is dissolved.
At a Session of the Generall Court, held at Hartford,
August 18*^, 1657.
The Indians belonging to Tunksis Sepus, being treated w"»
about the damage done by fire, occasioned by Mesupeno, they
have mutually agreed and obliged themselves to pay vnto the
Generall Court in October, or to their order, yearly, for the
terme of seauen yeares, the full sume of eighty faddome of
wampum, well strungd & mercht^'ie, the first paym* to bee made
304
PUBLIC RECORDS
irrOctob'^ next ensuing, at the Session of the Gen: Court, & so
to bee paid yearly at the Sessions in October, vntill the terme
bee expired (that is to say) seauen paym^s. Ynto w^h agreemt-
the foresaid Indians haue signed, the day & yeare aboue written,
the marke of the marke of
Nequittacusson
: Homs :
the marke of
Cowasecutt.
the marke of
Taccamus. Mamunto.
These haue signed in the name & w^^ consent of the rest.
A relation of the carriage of the difference that fell out be-
twixt Vncas & Seoquassen of the one side & Totanimo & the
Potunck Indians, At the Generall Court held at Hartford, in
May, in the yeare of c Lord, 1656.
That vpon the murther of a Sachem of Connecticott dwelling
neare Mattapeaset, by a young man called Weaseapano, Seo-
quassen complained to the Magistrates of Hartford of the wrong
that the Potunck Indians did to him in entertaining & maintain-
ing of him against all justice, w^^ said Seoquassen tooke Vncas
in to him for helpe, to bee reuenged for the said Sachems death,
who was inraged w^h the like accident of entertaining a mur-
therer that runne from Vnquas to the said Potunck, who com-
plained likewise of wrongs done him, to the Magistrates.
Vnquas also had complained to the Magistrates of Connecticot
for seuerall wrongs done to him by Tantoiiimo, espetially his
intising of many of his men & their protecting a Murtherer;
& therevpon the Magistrates ordered that the Sachems of both
sides should appeare at Hartford at the Generall Court: who
all appearing, Seoquassen first declared of the fact done by a
meane fellow vppon one that was allyed to him, a great Sa-
chem; and so Vnquas & Foxen iustified, in many words.
OF CONNECTICUT. SQS
[87] The Gouerno'" pressed to know what sattisfaction they
required, who answered & pressed hard to haue 10 men put to
death of his friends that was the murtherer ; the other Sachems
pleaded vnjust, because the Sachem that was slayne had mur-
dered the young mans Yncle wilfully. The Court many of them
spake their mindes to & fro. The Gouerno'' shewed the Indians
what o"" law is in such cases, that onely the murther or any that
were accessary to it should bee punished, & so hee & many
Deputyes pressed both sides for peace, & not to fight vpon such
a quarrel 1.
The Potunck Sachems p''ffered to giue wampam in way of
sattisfaction, w^^ wholly was rejected, whereupon the Court
spent some time to perswade to peace. Then they fell to be
sattisfyed w^h the death of 6 men. The Court wearied v,'^^
their speeches pressed the Potunck Indians to deliuer vp the
murtherer, the w^'i Totannimo p^mised, but priuately stole out
of the Court &c went w^^ the rest of the Sachems to Potunk
forte: wherevpon both the English & Indians were offended &
agreed to send a messeng"" to deliuer vp the murtherer, as Totaii-
imo had p^mised in Court. In the meane time the Court ap-
pointed 4 Deputyes to bee a Comittee to treat w^h the Sachems
of both sides, to see what could bee done for peace. This Com-
mittee priuately brought Vnquas to accept of the murtherer
only, for full sattisfaction. But those Potunck Indians said they
could not deliuer vp the said murther^ his freinds were so many
& potent w^iiin the Forte.
In the afternoone the Comittee & the Sachems made knowne
to the Court, who then agreed that by no meanes the English
would bee ingaged in either of their quarrells, but would leaue
them to themselues, wherevpon the Gou''nor made a long speech
desiring to bee at peace orie w'^'' another, <Sl take wampam. If
they would not, then hee declared that the Court would not
hinder them, but left them to themselues, &; whatsoeuer fell out
afterwards vpon either of them, they brought vpon themselues.
But so were engaged, that they should not fight vpon this side
of the riuer of Hartford, nor to hurt any of the English houses
or any thing of theirs of the other side of the riuer ; w*^ many
expressions more to the same effect, was spoken by the Gouerno''
& also by some Deputies.
27*
306 PUBLIC RECORDS
Some expressions many times in the agitation thereof was
spoken that might cany that sence of advising & counselHng
of Ynquas not to fight, as some app^hended then, but in conclu-
sion the Gou'^no'', as the mouth of the Court, declared his minde
fiilly to the Indians of both sides, as aforesaid.
Wittnesse my hand, this 20*^ of August, 1657.
Jonathan Brewster.
Aug: IQtii, (57.).
The Court voted that this relation should bee transcribed &
asserted vnd'' the SeCs hand, that to their sattislaction it was
euidenced in Court to bee a true relation.
[88] At a Generall Court held at Hartford, October 1,
1657.
Mr. Wells, Dep:
Magistrates : Mr. Webster, IMajor Mason, Mr. Clarke,
Mr. Talcott, Mr. Willys.
Deputyes : Mr. Steele, Mr. Allin, Mr. Phelps, Mr. Lord,
Mr. Brewster, ahs., Mr. Trott, Mr. Gailor, Mr. Dan:
Jlarke, Joseph Migatt, Wm. Wadsworth, Rich: Buttler,
Mr. Hollister, John Wells, John Hurd, John Clarke,
Rob: Chapman, Hugh Caulkin, Michaell Try, John
Wheeler, Antho: Howkins, Rob: Webster Geo: Graues,
Sam: Hale, Isack Moore, Sam: Wells, Sam: Bpurman.
Tho: Staunton, for contempt of the. last Gen: Court, in not
appearing when sumoned thereunto, for w^'i otfence the Court
fines the said Thomas, ten pounds.
This Court orders, that the Treasur"" shall procure convenient
supply of corne for the Major this winter, &i the charge in pro-
curing it to bee imposed vpon those who are behind of their
rate.
The Court doth appoint the Treasure"" to prouide horses &
men to send for Mr. Wiuthrop, in case hee is minded to come
to dwell w^i' vs.
This Court appoints Mr. Allin & Jo: Gilbert togoe to Pacom-
tuck, to declare to the Indians the mind of the Comission'"s con-
OF CONNECTICUT. 307
cerning them ;* and that there bee a letter sent to Mr. Pinchon
to assist them in it ; but if hee refuse & Mr. HolUack, then they
shall desist from further p''ceeding.
A list of the seuerall persons & estates of the seu''all Townes
wthin this Jurisdiction : —
Fairfeild, p^sons, . estates, 11410. 1. 0
Stratford, 63. . . 8400. 0. 0
Seabrooke, 72. . . . 581. 7. 0
Mr. Fenwicks farme, . . . 200. 0. 0
A note of Mr. Fenwicks cattle vpon the farme, Good: Clarke
is to send vp to the Treasur"", w^h are to bee rated according
as the law of the Country requires.
The Cattle of Capt. Cullicks farme are to bee rated & a note
of them to beegiuen in to the Treasur"".
The Court appoints Mr. Dan: Clarke to write a letter to the
Magistrates of South Hampton, to informe them of the minde
of the Comission''s, & another to the Indians there.
The Major is allowed fiue pounds for his going to Long Iland»
besides his expences in that seruice.
This Court doth allow the Treasurer, for incouragem' of him
in his place, 10 pounds p"" annum.
This Court doth grant a rate of a peny ypon the pound, for
the defraying of the publicke charges of this Jurisdisdiction.
This rate to bee paid three parts in wheat & pease, by equall
p''portion, & one fourth in Indian Come at 205s. 6d. p"" Bush:
This Court doth appoint the fourteenth day of this moneth
bee set apart for a sollemne day of thanksgiuing (for the mer-
cyes of God the yeare past,) in the seuerall plantations in this
Jurisdiction,
[89] A list of the persons & rateable estate of Connecticutt,
taken Sepf 23, 1657:
* " It is ordered, that Vnckas bee required to pfmit the Podunk Indians to returne to theire
dwellings & there to abide in peace & safety, vv'^iout molestation from him or his, &- that the
said Indians bee incouraged & invited so to do, by the Oovernment of Connecticott."
**********
"And the Government of Connecticott is desired to signify to the Pocomtick and Norvvootick
Sachems our charge vpon Vnckas in refference to the Podunk Indians, and our desire of their
returne to their dwellings and continuance there in peace ; therfore wee desire and expect they
will forbeare all hostillity against Vnckas till the next meeting of the Comission". [Records of
U. Colonies, Sept. 1657.]
308
PUBLIC RECORDS
Imp'"s the estate of Hartford,
The persons, 186, that is.
The estate of Windzor is, .
The persons are 161,
The estate of Wethersfeild is,
The persons come to,
The estate & pi'sons of Farmington come to.
The estate & pf'sons of Midltowne comes to
£. ss.
17045. 8
3348. 0
13999. 0
2898. 0
10758. 0
1854. 0
£. ss. d
20393. 8. 0
15897. 0. 0
12612. 0. 0
4852. 0. 0
2416. 0. 0
Smlie tot'. 56170. 8. 0
pr DOS, Richard Treat,
Henry Woolcott,
William Westwood,
Robt Webster.
This Court orders, that noe person wthin this Jurisdiction
shall kepe any Quakers bookes or manuscripts containing their
errors, except teaching Eld^s, vpon the penalty of \Qss. a time
for euery person that shall kepe any such booke after the publi-
cation hereof, & that shall not deliuer such bookes vnto their
Eldr^
The Court adjourned to the second Thursday of March.
[90] A Session of the Gen: Court in Hartford, 11'^
DAY OP March, 16|f.
John Winthrop Esq^, Goumr.
Magistrates : Mr. Webster, Major Mason, John Cullick,
Mr. Clarke, Mr. Willis, Mr. Talcott.
Deputies : Mr. Steele, Mr. Allin, Mr. Phelps, Mr. Gailor,
Mr. Trott, Mr. Lord, Mr. Dan: Clarke, Mr. Brewster,
Joseph Mygatt, Wm. Wadswoorth, Rich: Butler, Mr.
Hollisti-, John Hurd, John Clarke, Robert Chapman,
John Wheeler, Antho: Howkins, Sam: Hale, Sam: Wells,
Sam: Bourman, Rob* Webster, Geo: Graue Junior.
John Hurd is sworne to the office of a Constable for the
yeare ensuing, in the Towne of Stratford.
This day 3 weekes, w^h is the first day of Aprill, the Court de-
OF CONNECTICUT. 309
sires the .Magistrates to attend the consideration & distribution
of such estates of deceased persons as are, or then shall bee
exhibited & the Deputies are desired to giue notice thereof in
their respectiue Tovvnes.
The listed persons for Troopers presented to, & allowed by
this Court, vnder the command of Major John Mason, are as
follow : —
In Hartford : Mr. Willis, Mr. Lord, Mr. Tho: Wells, Jacob
Migatt, Jonathan Gilbert, Nicho: Olmsteed, John Sted-
man, James Steele, Dan: Pratt, Andrew Warner, Will:
Edwards, Richard Fellowes, Robert Reiue, John Allin.
In Windzor : Mr. Dan: Clarke, Tho: Allin, Sam: Marshall,
John Bissell, Geo: Phelpes, Steph: Terry, Willi: Heyden,
John Hosford, John Williams, Natha: Loomis, Tho:
Loomis, Capt. Aron Cooke, Ensign Dauid Wilton, Sy-
mon Woolcott, Tho: Strong, John Moses, John Porter.
In Wethersfeild : John Lattimore, John Belding, Richard
Treat, Mr. John Chester, Antho: Wright, John Palmer.
The aforesaid Troopers p^sented to this Court their choise of
officers, w^h the Court did confirme : Richard Lord, Cap*.; Dan-
iell Clarke, Leiften*^ ; John Allin, Cornett ; Nicho: Olmsteed'
Corporall ; Richard Treat, Corporall ; Sam: Marshall, Corpor-
all; Mr. Tho: Wells Junior, Quart' M'.
Richard Haughton, of Pequett, petitioning this Court for
their fauc to consent (that hee the said Richard may haue lib-
erty to agree wth Vncus for a certaine neck of land called
Massapeag, betwene Pequett & Mohegin,) They hauing con-
sidered the low estate of this man, his charge of children, w^^
other things as further motiues to them, doe hereby declare,
that they thus farre consent to his petition or motion, that in
[91] case hee fully sattisfie |1 Vncus for the aforesaid Massa-
peage & there bee a full & cleare agreem*^ betwene them for the
same, then this Court shall not manage the law in this Comon-
wealth against him for making any such contract w^h Indian
or Indians, p'uided the said Haughton or his assignes neuer make
any further or other vse of it, but only to plant or sowe there-
vpon in the summer, and kepe cattle therevpon in the winter :
and that no swyne shall bee kept vpon the p'misses at any time,
neither shall bee any otherwise improued to the trespasse or
310 PUBLIC RECORDS
pi'judice of Vncus in any such kind, or trouble of this Comon
wealth.
This Court grants liberty to the persons already allowed by
this Court to cohabite at Bankside, (a place betwene Fairfeild
Towne & Norwalke,) to take in as a cohabitant w*^^ them in
that place, Robert Beacham, who lately liued at Norwalke.
The Deputies nominated to this Court, to bee pi^pounded at
the next Gen: Court of Election for choise to bee Magistrates
in this Jurisdiction, Mr. Phelps, of Windsor, and Mr. Math-
ew Allin ; Mr. Treat Senior, of Wethersfeild ; Mr. John Wells
of Stratford, and Mr Allexand"" Knowles, of Fairfeild.
Phillip Galpin, of Fairfeild, is freed from trayning, but not
from watching nor warding, till the Court sees cause to reuoke
this their order.
The consideration of the petition from seui'all inhabitants in
Fairfeild, is referred to the next Court of Magistrates there, &
they to make returne thereof to the next Gen: Court after the
same.
The plantation at Pequet is named by this Court, New Lon-
don, wth a preable to bee inserted about the same, {W^^ is in-
serted in the closure of y^ Acts of this Session.)
The Court frees Thomas Coleman from watching, warding
& trayning, if hee makes it appeare that hee is aboue 60 yeares
old.
Mr. Russell, of Wethersfeild is also freed.
This Courte doth grant to & agree w^^ John Bissell Junior,
of Windzor, that the Ferry there, ouer the great Riuer, shall
bee & belong to him for the space of ten yeares next ensuing,
vpon the limitation &c termes hereafter expressed, to w<=h hee
doth in Court agree & ingage to attend : —
1. That there shall bee alwayes maintained in readinesse vp-
on all occasions, an able & sufficient boate & man for the safe
passage of horse & men.
2. The said John Bissell shall haue 8d. a head for any beast,
& 26?. a head for any person that commeth w^h them, & 3d. for
any single person.
[92] 3. That each Trooper listed and allowed in the Court,
& the horse hee rides, is only freed from the ferridge going to
Springfeild Towne, or as farre as Springfeild Towne, or further.
OF CONNECTICUT. 311
4. That no person of Windzor shall haue liberty for to helpe
ouer any person or beast of any other Towne, but they shall
then pay the Ferryman as much as if they were caryed ouer
by him.
5 Vpon consideration w^^^ the inhabitants of Windzor, they
are to goe ouer the Ferry for halfe the forementioned price,
only that single persons shall pay 3d. p^ head for their passage
as before.
There was a list of the persons & estates of the west side of
Pequett Riuer presented, w^h amounted to 3360/. 7s. 8d. &, the
Court doth expect that a true List of the persons & estates
of the inhabitants of the east side of the Riuer shall bee tak-
en & pfsented to the next Court, that so their list may bee
perfected.
Sam: Welles is confirmed Ensigne for the souldiJ^s at Weth-
ersfeild.
William Blumfeild is freed from training.
This Court hauing read & duely considered a letter from the
Gen: Court in the Massachusets about the land on the east
side of Pequet riuer, doe desire the Gou'^no'" & John Cullick to
draw vp a letter in an answere therevnto, & send the same
signed by the Sec in the name of this Court.*
It is agreed by this Court that Wednesday, the last of this
moneth is appointed for a day of humiliation.
This Court orders that henceforth no persons in this Juris-
diction shall in any way imbody themselues into Ch: estate/
without consent of the Generall Court, & approbation of the
neighbor Ch^:
This Court orders that there shall bee no ministry or Ch: ad-
ministration entertained or attended by the inhabitants of any
plantation in this Collony, distinct & seperate from, & in op-
position to that wch is openly & publickly obserued & dispen-
ced by the settled & approued Minister of the place, except it
bee by approbation of the Gen^all Court & neighbor Ch^: p^uided
alwayes that this order shall not hinder any priuate meetings of
godly persons to attend any duties that Christianity or religion
call for, as fasts or conference, nor take place vpon such as are
* See Appendix, No. iv.
312 PUBLIC RECORDS
hindred by any just impedim's on the Sabboth day, from the
publicke assembHes, by weather or water & the like.
[93] This Court appoints that Will: Waller should bee re-
quired forthwith to make due satisfaction to those who are ap-
pointed by the Townesmen of Seabrook to leuy the rate for
Mr. Fitches maintenance, or otherwise to make his appearance
at the Gen: Court in May next to giue an account of his neg-
lect.
It is voted by the Court, that Windzor petition shall bee de-
ferred vntill the next Session of this Court, & then to bee taken
into consideration ; as also the seu^all Deputies are desired to
acquaint c Eld'^ respectiuely that the Court desires them to
attend the next Session of the Court to advise & consider what
way may bee most requisite to issue the differences that are
amongst vs.
This Court orders, in refference to the sad differences yt are
broken out in the seu''all Ch^: in this Collony, & in spetiall be-
twixt the Ch: of Christ at Hartford and the withdrawers, & to
pi'uent further troubles & such sad consequences that may is-
sue from the p^mises to the whole Common wealth. It is desir-
ed & required by this Court, that there bee from henceforth an
vtter cessation of all further p^secution, either on the Ch^: part
at Hartford towards the withdrawers from them, and on the
other part, that those that haue withdrawen from the Ch:
at Hartford shall make a cessation in pi'secuting their former
pfpositions to the Ch: at Wethersfeild or any other Ch: in ref-
ference to their joyning there in Ch: relation, vntill the matters
in controuersy betwixt the Ch: of Hartford & the brethren that
haue withdrawen bee brought to an issue in that way that the
Court shall determine.
It is ordered, that the Court shall meet together on Wedns-
day seauennight, being the twenty fourth of this instant, at
Hartford, where the neighbc EW^ are desired to attend the
Court, that so their advise & helpe may bee improued to settle
vpon some speedy course for the issuing the p^sent troubles
that the Churches, & in spetiall the Ch: of Hartford lyes vnder,,
in respect of the seperation by them that haue withdrawne
from that society.
OF CONNECTICUT. 313
* Whereas, it hath bene a comendable practice of y" inhab-
itants of all the Collonies of these parts, that as this Countrey
hath its denomination from our deare natiue Countrey of Eng-
land, and thence is called New England, soe the planters, in
their first setling of most new Plantations hauegiuen names to
those Plantations of some Citties and Townes in England, there-
by intending to keep vp and leaue to posterity the memoriall of
seuerall places of note there, as Boston, Hartford, Windsor,
York, Ipswitch, Bran tree, Exeter, — This Court, considering that
there hath yet noe place in any of the Collonies bene named in
memory of y^ Citty of London, there being a new plantation
within this Jurisdiction of Conecticut setled vpon ye faire
Riuer of Monhegin, in ye Pequot Countrey, it being an excel-
lent harbour and a fit and convenient place for future trade, it
being alsoe the only place w^h ye English of these parts haue
possessed by conquest, and y*^ by a very iust war vpon y' great
and warlike people, ye Pequots, that therefore they might therby
leaue to posterity the memory of y*^ renowned citty of London,
from whence we had our transportation, haue thought fit, in hon-
our to that famous Citty, to cal ye said Plantation, New London.
[94] A Session of the Gen: Court, in Hartford, the
24th OF March, 16|f
John Winthrop Esq^ Gou^'no'".
Tho: Wells Esq^ Deputy.
Magistrates : Mr. Webster, Mr. Cullick, Mr. Clarke, Mr.
Willis, Mr. Talcott.
Deputies : Mr. Steele, Mr. Allin, Mr. Phelps, Mr. Lord,
Mr. Dan: Clarke, Joseph Migatt, Wm. Wadsworth, Rich-
ard Butler, Mr. Hollister, Antho: Howkins, Isack Moore,
Sam: Wells, Sam: Bourman, Mr. Trott.
This Court desires Mr. Lord & John Cullick to take in the
Treasures account in the behalfe of this Comon wealth.
This Court appoints & orders that the Constable or Consta-
bles in each Towne where there is no Magistrate or Assistant
shall, at all times when the Treasurer shall call or require them,
deliuer in their account to the Treasurer, vnder his or their owne
hand or hands, &l the hands of two of the Townes men in their
• Here follows the ' preamble,' to the order of the Court changing the name of the plantation
of Pequot, referreil to, on page 310, ante.
28
314 PUBLIC RECORDS
respectiue Townes ; and where any Magistrate or Assistant
dwelleth, vnder their owne hand & the hand of one of the Mag-
istrates or Assistants that Uueth in the same Towne w^h them.
Sam: Smith, Senior, moouing this Court that hee might bee
freed from training as a comon souldier in that Towne, they doe
vpon seuerall grounds grant his request, espetially because hee
hath bene an antient Serjeant to the trained band in that Towne,
Nath: Ward is fr.eed from trayning, watching & warding
It is desired by this Court, that the Church at Hartford &
Mr. Stone should meet together w^h those that haue withdrawen,
to see if it bee possible by a priuate conference together to issue
vpon some mutuall conclusions that may put an end vnto their
vnhappy discention. The Gourno"^ & Deputy Gouerno'" are
desired to accompany them in their conference, if it may bee
with conueniency attended by the Gou^^nor & Deputy. And in
case the foresaid pnies at difference cannot agree vpon a way
to put an issue to their troubles, that then there bee letf^ sent
to the Bay Eld^'^ & to any among vs or in the other Jurisdic-
tion, for advice what the Court should doe in the p^mises.
The Gou'-nor, Mr. Willis, Mr. Talcott, & Mr. Stone, & Mr.
Lord are hereby desired, that in case there bee no agreem*
amongst the Church & withdrawers, to send letfs in the name
of the Court, as before.
William Kelsey is freed from watching, warding & trayning.*
[95] At a Gen" Court of Election, May 20, 1658.
Magistrates elected:
Thomas Wels Esq^, Goui^nor.
John Winthrop Esq', Deputy.
Mr. Webster, Mr. Mathew Allyn,
Maior Mason, Mr. Phelpes,
Mr. Clarke, Mr. John Wels,
Mr. Willis, Mr. Treat,
Mr. Talcot, Mr. Baker,
Mr. Ogden, Mr. Mulford,
Mr. Cosmore, Mr. Alex: Knowles.
• This is the last entry in the hand writing of Mr. Cullick. In May following, Mr. Dan-
iel Clarke was chosen Secretary, and the records which nest follow are in his hand.
OF CONNECTICUT. 315
Deputies : Mr. Steel, Mr. Brewster, Mr. Lord, Deacon
Gaylard, Will' Wadsworth, Joseph Mygat, John Bissel,
Dan: Clark, Record^ Rich: Butler, Edw: Griswold, L:
HoUister, Anthony Howkins,* John Dement, Sam:
Wells, Sam: Boreman, Georg Graues, Sam. Stocken,
Hugh Caulkin, Jo: Clark, Rob* Chapman, John Whee-
ler, Cornel. Hull, Math: Camfeild, Rich: Olmstead, Will'
Beardsley.. Joseph Hawley.
Comissioners chosen, for this Colony : — Mr. Winthrop Esq"",
Mr. Talcot ; Reserue, Maior John Mason.
These pi'sons vnderwritten were made free, before the
Court : — Sam^i Burr, Obed: Spencer, Thom: Allyn, Eldad Pom-
rey, John Wiate, John Kelley, Jos: Knowles, Tho: Eggleston,
Rob: Reeue, Jos: Arnold, Georg Orvis, Tho: Spencer, Zach:
Sanford, Jo: Merrils, Grego: Gibbs, John Pettibone, Sam: Eg-
gleston, Steph: Davis, Joseph Sutton, Ob:, John Kerbey, Sam:
Richards, Tho: Alcot, John Church, Joseph Nash, Jer: Judson,
Will: Warin, John Chester, John Grumwel, James Northam,
Cris: Crow, Tho: Clark, John Kelsey, Tim: Traul, Peter Blach-
feild, Will' Keney, Rich: Hartly, Matt: Becquet, Tho: Bowen,
Tho: Leonards, Pef Blachfld, John Wadom, Jonath: Deman,
Francis Yeates, Ben: Crane, Rich: Smith Jun^, James Boswel,
Jo: Curtis, Tho: Wickum, Georg Yeates, Sam: Pinney, Rich:
Lord Junr, John Sables, Cris: Huntington, John Andrewes,
Abrh'. Finch, Jonas Westouer, Beniam: Bur, Renold Maruin,
Ren: Maruin Jun'', Joseph Judson, John Coleman, Cornel : Gil-
let, Will'. Edwards, Thomas Brook, Will: Morton, Rob't
Boughtwhord, Peter Browne, Joseph Clark, Raph Parker, Will'.
Welman.
[96] This Court orders that Esq^ Winthrop, Maior Mason, Mr.
Allyn, Mr. Brewster, shal, vpon some seasonable opertunity,
attend to keep a Court at Pequit, to settle the afFayrs of y
place ; Mr. Winthrop to appoynt y^ time.
Will: Welman, of New London, is discharged from his Re-
cognisanc, about a marriage in Virginia.
The Magestrates graunted Will' Williams, of Hartford, to
* The names of Deputies are written, thus far, in the margin of Page [95.] Those which fol-
low, are on page [96,] where the Recorder has repeated those already given, down to the name
of Anthony Howkins.
316 PUBLIC RECORDS
dispose of his seruant youth, Math: Young, to another sutable
M"", and the s^i Mathew doth fully consent therevnto and hath
pi'mised to giue a ful discharge vnto his Master Williams from
y*' engagemt wherein he was bound to teach the sayd Math:
the trade of a Cooper.
This Court orders that al seafaring men yt make it y^ir oc-
cupation to imploy themselues in Navigat", they shal for future
be freed from trayneings.
This Court voated a confirmation of the Combinatii with
Easthampton, and that the Articles of Agreem* should be
signed by the Secretary in the name of the Court and sent ouer
vnto them ; as also a letter, to signify the mind of the Court.*
This Court orders that y^ power of any p^ticuler Magestrate,
on the maine and likewise on the Island belonging to this Col-
ony, shall extend itselfe to al and every place and p'son in this
Jurisdiction, as need requires : And that those of Southampton
and East Hampton shal ioyne together in the exercise of judi-
cature amongst them, and to summon Juries out of either place :
and that they haue liberty to repayr to any Court held at New
London for help in any Controuersy
This Court approueing the pious care af the Towne of Fair-
feild, in procureing help for Mr. Joanes by his owne consent
therevnto, as far as appeares by a papJ" p'sented by their Dep-
uties to ye Court, doe order, that according to their desires the
foresaid paper be kept amongst the Court papers, and desire the
Towne not any way therevpon to depriue y^ir Reu''nd ancient
Pastor, Mr. Joanes, in sicknes or health, of his comfortable
maintenance.
This Court orders yt out of the sum imposed vpon the Indians
of Southampton, to pay for the loss y^ was there susteined by
fire, there shalbe the sum of 30/. p^" Ann. for the four first
[97] yeares, || and fourty pounds p^ Anil, for the two last
yeares abated. The total abatement amounts to 200/. Qs. Od.
Its ordered, that Mr. Cosmore, Mr. Ogden, Capt. Tappin and
Goodman Clarke, shal make distribution of that paym*^ that the
Indians make, to them that haue suffr^ loss by fire ; only Mr.
Fordom is excempted from any part of this pay for the losse of
• See a letter to Easthampton, written some months previous to this session of the General
Court, in Appendix, No. V.
OF CONNECTICUT. 317
his owne house and goods therein conteyned : provided, that
before distribution be made, the charges that the Countrey hath
bin at in y exhibited* to y^ Island shalbe first defrayed.
John Griffin, now returneing from Pocumtacot, was made
free, by consent of the Court.
Robert Allyn and John Gager are released fro their fine for
not attending ordinary Town training.
The Court is adiourned til the 3^ Wednesday in August.
'Mr. Samuel Stone, Teacher at Hartford, p^senting vnto the
Gen: Court, Mi^ch 25, '58, a petition w^^ certayne p'"positions,
it was vppon his request ordered to be recorded : —
My humble request is that the Quaestions here p^sented may
be sillogistically reasoned before this hono^^d Court. I hope that
some of o"^ withdrawen Brethren, or some other whom they
shal pi'vide, wil reason with me, face to face :
Quaes. 1. The former Councel at Hartford June, 56, is vt-
terly cancild and of no force.
2. There is no violation of the last agreemt (made when the
Reuerend Elders of Massachusets were here,) either by the Ch:
of Christ at Hartford or their Teacher.
3. The withdrawen Brethren haue offi-ed great violence to ye
formentioned agreement.
4. The withdrawen Brethren are members of the Ch: of
Christ at Hartford.
5. Their withdrawing from the Ch: is a sin exceding scan-
dalous & dreadful and of its owne nature destructiue to this and
other Churches.
6. The controuersy between the Ch: of Christ at Hartford
and the withdrawen p^sons is not in the hands of the Churches
to be determined by them.
Sam: Stone.
[98] At a Session of the Gen: Court at Hartford, Aug^
18, 1658.
Thorn: Wels Esq"-, Gou:
Esq"" Winthrop, Depu:
Magestrates : Mr. John Webster, Maior Mason, Mr.
Willys, Mr. Tailcot, Mr. Phelps, Mr. Treat, Mr. Allyn,
Dan: Clark, Secret:
* An error of the Recorder. The word was probably expedition,
28*
318 PUBLIC RECORDS
Deputies: Mr. Steel, Capt. Lord, Deaco Gayli'd, W.
Wadsworth, Jo: Bissel Sen"-, Jos: Mygatt, Rich: Butler,
Edw: Griswold, L: Hollister, Jo: Demat, Sam: Wells,
Sam: Boreman, Antho: Howkins, Jo: Clark, Rob^ Chap-
ma, Robt Webstr, Math: Camfeild.
In reference to a complaynt made by Georg Graues, Georg
Stocken, Nath: Willet, Nath: Berdin, contr: Mr. Webster, Capt.
Cullick, Mr. Goodwin, Andrew Bacon, in ye name of the rest
of ye withdrawers at Hartford, consisting of several prticulers,
p'sented the last session to ye consideration of this Court, This
Court sees cause to defer the consideration of the compl* vnto
the Court in Octob"", and haue ordered that then it shalbe at-
tended ; in ye meane time, to procure what light and help they
can in the case.
This Court appoynted Esq' Winthrop, Major Mason, Mr.
Talcot, Mr. Steel, as a Comittee to treat with Capt. Cullick
about the purchase of the Riuer, and to p'pound that in case
Capt. Cullick will allow to ye Countrey 500/. and demand noth-
ing from Seabrook nor Middletown, and returne such security
to ye Countrey as he can or as in his power, that then there
shalbe acquittances granted, each to other.
The Comittee is to make report to morrow, w* the result of
ye Treaty is.
19 Day. The Comittee returned answer to ye Court, that
Capt. Cullick is willing to quit acc^ w^h the Countrey, and if
ye arrears yet due to him amount not to 300/. he wil make it vp
300/. Mr. Talcot sayth 250/.
This Court orders, that notice shalbe giuen to ye Indians
liueing at Farmington, that in regard of their hostile pursuits,
contrary to former ord^ of Court, and considering their enter-
taynm* of Strang Indians, contrary to their agreem* w^Ji ye
English when they sate downe at Farmington, whence ensues
danger to ye English by Bullets shot into the Towne in their
skirmishes. That they shal speedily p'"vide another place for
their habitation and desert that place wherin they are now
[99] garrisoned. || And what Indians refuse to attend this
order shalbe returned to ye Courte in October next. Further,
it is required by the Court that Farmington Indians shal forth-
OF CONNECTICUT. 319
with send away al such strangers as haue not bin knowne inhab-
itants in that place, according to forementioned agreem*.
Mr. Steel, L: Lewis, Ensigne Steel, Thorn: Judd, are desired
to comunicate the mind of the Court to y® Indians.
Daniel Clark was svvorne, according to y^ forme of the
Secretaries Oath approued by this Court and ordered to be
recorded.
A Petition from several of the inhabitants of Wethersfeild*
was p^sented to this Court and vpon p^vsall of the same the
Court returned this answer : —
In regard of a complayn*, in the Petition, of a scandalous
oath taken by Mr. Russel, whereby the inhabitants seem
afrayd to adventure themselues vnd"^ his ministery, the Court
hath considered the nature of the Oath and y^ witnesses, and
tho there are diuers app^hensions of it, yet to y^ purpose of the
allegation to w^h Mr. Russel testified, the oath was ambiguous :
but that it should be strayned to such a height as in the Peti-
tion is declared, this Court iudgeth it not meet, and in that re-
spect the Petitioners blameable, and that he is not hereby ren-
dred so scandalous as not fit to administer in his office. Yet
notwithstanding, they iudg that Mr. Russel should speak more
playnly for ye future, to ye capacity of the hearers, espetially in
way of testimony ; and yt the Petitioners should carefully avoid
all vnnecessary strayneing of words or expressions (y* are in
* This Petition (in " Ecclesiastical" Papers, Vol. i. No. 1,) is signed by John Holister, Thomas
Wright Sen., John Deniminge Sen., John Edwards Sen., and Rich'' Smith Sen., and five females,
all members of Mr. Russell's church, together with thirty nine others, inhabitants of Windsor.
After referrmg to an order of the Courtp assed in March 1657-8 (see page 3l\, ante,) that no
ministry or church should be entertained or attended by the inhabitants of any plantation, ' dis-
tinct and seperate from and in opposition to that which is openly and publicly observed and
dispensed by the settled and approved Minister of the place,' the petitioners declare that they
cannot regard Mr. Russell as their settled and approved Minister, — first, because, in the prece-
ding spring, he had sent them a writing to provide for themselves, — whereby they consider them-
selves freed from their former obligations to him : these obligations they profess themselves
unwilling to renew, since they " are afrayed to venture [their] soules vnder his ministry." They
further represent that he had brought great scandal on the church, by " a greivous oath, ac-
knowledged by himselfe to bee ambiguous, rash and sinfull, — and what more may be made evi-
dent." They ask the Gen. Court, that they may not be held in bondage, but may " use their
liberty" in procuring another minister " faithfull in the administrations of the Gospell and inof-
fenciue in his conversation."
For a further account of the dissensions in the Church at Wethersfield, having a similar ori-
gin, and intimately connected, with the troubles of the Hartford church, see Trumbull's Hist, of
Conn. i. chap. xiii.
320 PUBLIC RECORDS
yei"^ nature dubious) to such a perticuler sense as may occasion
trouble.
To y^ busines of their hberty, w^h the Petitioners think Mr.
Russels graunt and their acceptance hath stated them vnder,
the Court judgeth, that they had reason to desire help and ad-
vice in this case. And it is conceaued that vnles there be some
due meanes attended for ye healing of their differenc, that y^
fire wilbe more kindled by their address hither, the paper that
was sent in to y^ Towne by Mr. Russel being of an ambiguous
nature, subiect to various interpJ^tations, and therefore should
be explayned and retracted by Mr. Russel. And the Court ad-
viseth each party, that they walk louingly together, without
disturbeing carriage each to other.
In reference to y^ differenc twixt the Church at Hartf^d and
the withdrawers, it was ordered, that the ensueing p^ticulers
should be p^sented to each party, as y^ mind and desire of ye
Court : —
[100] 1. It is conceaued that they should obserue and at-
tend that rule of Christ, Acts, 15, To debate and dispute their
differenc amongst themselues, in the first place.
2. That the Quaestions in controuersy should be playnly sta-
ted and gathered out of their papers, before they debate as that
text holds forth.
3. In case this doth not take nor be embraced, that then each
party should chuse three Elders, able and as indifferent as times
wil afford, before whom (the Qusest. beinge beforehand playnly
stated,) the case in difference shal be publiquely disputed, who
shal lend what light and help they can, to ye issueing the con-
trouersy according to God, vnto w^h both parties shall peacea-
bly subiect themselues.
4. And in case either the Church or withdrawers refuse to
chuse, then the Court to chuse instead of that part y* discents,
leauei'ig liberty to y*^ other part to make choyce for themselues
such able and indifferent men as they can agree vpon to be in-
strumental in issueing these sad differences, by hearing the dis-
pute as before and passing determination thereon. And if either
part be dissatisfied w^^ the determinations of the persons y* are
soe chosen, that then there may be liberty for the dissatisfied
OF CONNECTICUT. 321
party to obiect, that soe the determination may be vindicated
and confirmed by scripture and reason.
These being p^pounded the withdrawers were wilUng to chuse,
as in 3d Propositi The Church at Hartford refused. Soe, in
issue, the Court on the one part chose Mr. Cobbit, Mr. Michil,
Mr. Danforth, and for a Reserue, Mr. Browne ; and Mr. Street
for a reserue to y™ yt ye withdrawers chose, who were Mr.
Dauenport, Mr. Norton, Mr. Fitch.
The seueral Elders forementioned, chosen to assist in the dif-
ferences at Hartford, are requested to come vp to Hartford by
the 17*ii of September, to assist in that seruice.
Its ordered, that L's of request shalbe sent from the Court
and both parties, to y^ several Elders and y Churches, for to
effect the same.
Mr. AUyn, Mr. Phelpes, Mr. Henry Clark and the Secretary,
are appoynted to write and indite the sayd L^s, in behalfe of
the Court, and to send them.
Mr. John Allyn, Edward Stebbing, Nath: Ward, John Ber-
nard, are appoynted to take in the account of the charge re-
specting al ye Elders attending the last Council, and the man
[101] y* was maimed, and to distribute it by way || of rate vpon
both parties, viz : the church at Hartf: aud y^ withdrawers.
In regard that the Court appi'hends y* the order concerne-
ing the stateing and draweing forth of the Quaestions in contro-
uersy twixt the Church at Hartford and the withdrawers, hath
not bene fully attended, it is therfore ordered, that twixt this
and the 8* of September next, each party shal attend the fore-
sayd order, in draweing forth and playnly stateing al such
Quaestions as they desire to haue debated before the Council.
And in case they attend not to deli uer the sayd Quaestions or
Positions each to other, before that day appoynted, whateuer is
neglected to be p^sented as aforesayd shal not be attended by
the Council ; and it is also required that each party doe playnly
declare what it is that they wil mainteine in their Quaestions,
either negatiuely or affirmatiuely, as matter of offence. And in
case there be no more Quaestions deliuered in by that time ap-
poynted, then ye quasstions already p^sented shal stand as that
w^h the Council is to attend. And both parties are to send iu
322 PUBLIC RECORDS
a coppy of their Qusestions or positions to y^ Secretary of y^
Court.
According to y^ desire of Jasper Varleet, manifested to Mr.
Gouern'^ and Mr. AUyn, in reference to Isbrand Goodheart, It is
ordered by this Court, That Isbrand Goodheart, now in durance,
shalbe returned vnto Jasper Varleet, to be at his dispose, to im-
proue him for his vse, vntil the remainder of that debt for w^h
he is now in durance be satisfied, — Provided the sayd Varleet
make not sale of the sayd Isbrand to any forreigne Inhabitants
or Pagans. And the sayd Jasper is to returne both Isbrand and
an account of the debt vnto the next Court.
This Court is adiourned vntil Munday next, 23 Aug^t.
Augs^ 23. This Court, haueing considered the Order about
landing Rum and Barbados liquors, doe now impose the forfeit-
ure specified in the sayd order, only vppon draweing out and
selling the sayd liquors.
This Court orders that the several Townes where any part of
the estates either of Edw: Hopkins Esq^ deceasd, or George
Fenwick Esq^ deceased, be knowne to remayne, shal speedily
take an Inventory of the sayd estate and p'sent it, vnd"" the
hands of those yt order the prudentials of the Towne, to y^
Court in Octobi* next.
Its ordered, that the several Constables in the Planta[tions]
vpon the Riuer, that haue had to doe in gathering in and deliv-
ering the paym* for ye purchase of the Riuer, shal bring in their
receipts respecting the sayd paym*, vnto y^ Court in October
next, if it be not done already.
In reference vnto a General Muster, This Court leaues it vnto
the Maior to appoynt the time for calling the companies togeth-
[102] er this year, as he iudgeth most sutable, || for time and
place. And the three p>"ticuler training dayes, that are by
order and custome to be attended for this latter part of the year,
in the Plantations yt doe assemble at the General meeting, are
remitted, and are to issue in the General Muster w^h is to be
attended for two dayes space. And its also required, that noe
souldier that attends the service aforesayd shal deminish any of
that prportion of powder that y^ Order of the Countrey impo-
seth on him for his store.
OF CONNECTICUT. 323
This Court Orders, vpon the request of Mr. Allyn, that the
case respecting [him] and Mrs. Alcot shalbe attended in the
Court in October, and that sumons shalbe granted by the Sec-
retary, for yt purpose.
On Wednesday, the 8*^ of September, is appoynted a solemne
humihation, in al the Plantations in this Collony, to implore the
fauour of God towards his people, in regard of the intemperate
season, thin harvest, sore visitation by sicknes in several Plan-
tations, and the sad prolonged differences yt yet remaine vnre-
conciled in Ch^ : and Plantations ; and that God would succeed
such meanes as are appoynted to be attended for the healing of
the foresayd differences.
Mr. Mathew Allyn is appoynted by the Court, to stand as a
Cornittee w'^ Mr. Henry Clark, of Windsor, to act in the dis-
posing of lands at Mussawco, according to former order of Court.
At a Session of the Gen': Court at Hartf: Octob"" 7, 1658.
Thomas Wells Esq^ Gou^.
Magestrates: Mr. Webster, Maior Mason, Mr. Willis,
Mr. Tailcot, Mr. Phelps, Mr. Treat, Mr. Allyn,
Secretary ; Daniel Clark.
Deputies: Mr. Steel, Capt. Lord, Deaco Gaylard, Will:
Wadsworth, Joseph Migat, Rich: Butler, John Bissel
Sen"", Edw: Griswold, Lieu*^ HoUister, Mr. Sam: Wells,
Jo: Demant, Sam'' Boreman, Mr. Brewster, Goodm:
Morgan, Mr. Ward, Mr. Hill, Thom: Fairchild, Joseph
Judson, Nath: Richards, Waif Hoyt, Goodm: Judd,
Rob': Webster, Georg Graues, Jo: Clark, Rob* Chapman.
It is ordered by this Court, yt al the receipts respecting the
several rates payd for the purchase of y«> Riuer, pi'sented vnto
the Court, shalbe recorded by the Secretary into ye Countrey's
booke of Records.
Vpon the motion of Mr. Ward, respecting the estates of
pi'sons deceased, at Fairfeild, This Court doth appoynt Mr.
Ward, Mr. Hill, with the Towni smen of Fairefeild, to assist
Mr. John Wells and Assistant Campfeild in proueing Wills and
takeing in Inventories, and distributeing estates of p''sons y*
324 PUBLICRECORDS ,
dyed intestate, and to appoynt administrators; and in case any
are vnsatisfied w^h their determinations lierin, they haue Hberty
to make their address to y*^ next Session of this Court, This
ord"" respects Stratford, Fairfeild and Norwalke.
The Hst of the Persons and Estates w^hin this Jurisdiction,
p^sented to this Court: —
£
Hartford, Persons, 187. Estat, 20547.
[103] Windsor, Persons, 160. Estat, 16209.
Wethersfeild, P'sons & Estate, 12397.
Fairfeild, P^sons & Estate, 10509. 135.
Stratford, P^sons & Estates, 8646.
Norwalk, P^sons & Estate, 3297.
Middle Towne, P^sons & Estate, 2326.
Farmington, Pi^sons & Estate, 5761.
New London, Pi^sons & Estates, 5793. 4s.
This Court graunts a Rate of a penny pi" pound to be levied
vppon the estate of this Collony.
This Court haueing considered the former ord"" about Qua-
kers and such like Heretiques, doe now see cause to leaue it
vnto y^ discretion of the Magestrates or Assistants, within this
Jurisdiction, where any such p^sons shalbe found fomenting
their wicked Tenets and shalbe legally convicted to be dis-
turbeing to y^ publique peace, to punish the sayd Heretiques by
fine or banishment or corporeal punishm* as they iudge meete.
And the same to be inflicted vppon any p^son or pi^sons that
shalbe instrumental to bring any such p^sons, viz: Heretiques,
by sea or land, into any Plantation in this Collony, P^vided the
fine for a pniculer default exceed not the sum of ten pounds.
It is ordered by this Court, that in case there fal out any sud-
den exigent, in any Plantation in this Collony, by assault of In-
dians or any other Enemy, to y^ disturbance and hazzard of
the Publique weale, that then it shalbe in the power of the
p^sent Milletary officers belonging to y^ place soe disturbed, to
require and cal forth the souldiers that are belonging to their
comand in yt place, to marshal them and order and dispose
them as need and p^sent occasions shall require to defend the
place assaulted and to quit the enemy ; and in case need re-
quire, to assist a neighbour Plantation in any extremity as
, OFCONNECTICUT. 325
aforesayd, that then the miletary officers shal advise w^h such
Magestrate or Magestrates or Assistants as may conveniently
be obteined, what way to act for releif of their neighbouring
freinds. And this course to be attended vpon all such occa-
sions vntil the Court shal take further order.
This Court is adiourned vntil the next Wednesday aff the
p^ticuler Court in March.
The Magestrates appoynted the first Wednesday in Nouemb""
a publique Thanksgiueing, for England's late victories and
pi'servation, and for the mercy of God to vs, in o"" continued
peace and the abatement of the sore sicknes wherewith many
Plantations were visited in this and other Collonies.
[104] The several Receipts respecting the paym^s for y^
PURCHASE OF SeABROOK FoRT ETC.
1647 I doe acknowledge hereby to haue receaued of the
Windsor. Constables of Windsor, for y^ year 1647, vpon the
composition w^h Mr. Fenwick, the sum of thirty
s;eauen pounds fine shilling and seauen penc, I say reed, for y^
vse aforesayd, 37/. 5s. Id.
04. 19. 6.
6th Feb: 1647. 42. 5. 1. Ed: Hopkins.
Rec^ more, of Aaron Cook, 0. 17. 0.
Jno. Bissel, 1. 00. 0.
\\\ Bushis wheat, 2. 06. 0.
4"Bush: pease, 0. 12. 0.
Jno. Tinkrs Farm, 0. 04. 6.
4. 19. 6. 4. 19. 6.
37. 5. 7.
42. 5. 1.
3*1 March, 1655.
1655 Receiued of Bartholomew Bernard and Will' Par-
Hartford, trigge, Constables for y" Towne of Hartford, in
ye yeare (55) the sume of Sixty pounds hue shil-
lings, for y^ vse of George Fenwick Esq^, vpon ye Agreem*
about ye Fort at Seabrook, I say rec^ the day and yeare aboue-
29
326 PUBLICRECORDS ,
said, in part of what is payable to him by the Townes vpon the
Riuer for y® yeare past, 60/. 05s. 00c?.
John CuUick.
1654 Rec<J of Sam^i Smith and Jn^ Demming, Consta-
Wethersfid. bles in Wethersfeild, in y^ year 1654, the sum of
Twenty one pound eight shilhngs six pence, w^h
was payd in April (54.) And ReC^ of y™ in Corne in April (55)
the sum of Twenty eight pounds one shilling and sixpence, both
w*''^ payments are made in reference to their p^portion in Weth-
ersfeild for ye composition for the Fort, and for the aforsaid
yeare of their Constableship ; both w^h paymts aforesaid were
not made neither for time nor kind according to the Countreyes
agreemt w^^ Geo: Fenwick Esq"". Witness my hand this seau-
enth Feb: 1655.
John Cullick.
1654 Reed of John Standley, of Farmington, last spring
Farm: twelue month, Thirteen pounds, seauenteen shillings,
and last sumer, one pound eight shillings, w^-'^ he
payd vpon the ace", of the Fort Rate for Farmington, in the
year of his Constableship there, W^^ was 1654. Witness my
hand, this 30*1^ Nouemb^ 1655.
John Cullick,
1656 ReC^ by me, John Cullick of Hartford, of Jona-
Windsor. than Gillet and Abraham Randal, Constables in
Windsor, in y^ year 1656, the sum of Twenty six
pounds, fifteen shillings and sixpence, part of it being paid to
John Bernard for my vse in y^ year of their Constableship, and
the rest the day of the date of these pr'^ts^ w^h aforesayd sum
is in part of payment of their Townes p^portion, in the afore-
[105] said year of their Constableship, for y^ Composition w^h
George Fenwick Esq'', in reference to ye Fort at Seabrook, I
say Reed this 25'^ day of June, 1658, the su of 26/. 15s. 06d.
John Cullick.
Hartford, Rec^ of Richard Goodman and John Bayly, Con-
1656-57. stables in Hartford, the sum of Sixty pounds fine
shillings, being for that Townes p'"portion in the
yeare of their Constableship, of the composition w^^ George
Fenwick Esq^, about the Forte, I say Rec^ as aboue this le^"^
of March, 1656-57, Witness my hand.
John Cullick.
OFCONNECTICUT. 327
Hartford, Rec^ of Will; Lewis and Gregory Wilter-
28th Feb. 1654. ton the sum of Sixty pounds fiue shillings,
w^h is for Hartfords pi'portion (for the yeare
of their Constableship,) of the Composition made between this
Jurisdiction and George Fenwick Esqf, in reference to Sea-
brook Fort, I say Rec^ of them, 60d. 5s. 0.
John CuUick.
1652 Whereas the Constable of Farmington, in the year
Farm: 1652, did pay vnto me vppon the acco; of the Com-
position for ye Fort at Seabrook betwixt Georg Fen-
wick Esq"" and y^ Colony of Conecticut, the sum of Fourteen
pounds sixteen shillings and eight pence, and John Brunson, of
Farmington, doth now promis to pay the remainder (next
March,) w^h is eight shillings and fourpence ; the said John
Brunson alsoe affirming that I gaue him no receipt for the same,
I doe hereby declare that I owne the receipt of so much vpon
the AccQt aforesaid, provided no former receipt come in to my
pi'iudice for the same, and John Brunson aforesayd saue me
harmles therefrom. Witness my hand, this 27'^ day of Sep-
tembs 1658.
John Cullick.
1657. Reed of John Root, of Farmington, 14th April, 1657,
according to the warrant granted for the gathering of
the Rate respecting the purchase of the Fort, The sum of Fif-
teen pounds fiue shillings.
John Cullick.
Rec^ of John Coal, Constable for this year in Farmington,
the sum of Fifteen pounds fiue shillings, w^h is for that Townes
p''portion in the year of his Constableship, of the composition
for the forte, 1 say receaued this 30^^ of Novemb^ 15/. 05s. OOd.
John Cullick.
[106]
Connecticut. Por severall good considerations moueing
herevnto. It is now ordered and enacted by
the General Court of Conecticut, this instant
October, the seaventh, sixteen hundred and
sixty.
1. That Capt. John Cullick, in behalf of his now wife and her
children, shal from henceforth haue ful and free libertie to pos-
sess and in)proue the estate of George Fenwick Esq^ lying in
328 PUBLIC RECORDS
this Collony, according to y^ true intent and meaninge of y^
last Will and Testam* of George Fenwick Esq"", as alsoe this
Court graunts vnto the said Cap'. John CuUick full power of
administring to ye foresaid estate in behalf himself, his wife and
h"" children, as legattees to y^ foresaid estate.
2. That Capt. John CuUick and his heires, from henceforth,
are fully discharged and released from his engagement made in
Court, respecting eight hundred pounds estate.
3. The Generall Court doe for themselues and their success-
ors hereby fully remit, release and quit claime all their right and
intrest to, and further and future demands respecting a legacy
of fiue hundred pounds, specified in y« last will of George Fen-
wick Esq"".
4. The Generall Court doth hereby, for themselues and their
successors, fully and foreuer discharge and secure the said Capt.
John Cullick, his now wife, and her children and successors,
from all demands and further and future troubles and molesta-
tions by any, from, by and vnder vs, both respecting the Legacy
forementioned, and respecting moneyes expended by y^ Colony
or pi'ticuler Townes therein, in referenc to y^ purchase of ye
Riuer, and acquittances giuen for y^ said moneyes.
5. And further, this Court doth hereby declare, that Capt.
Cullick, his wife and their children and successors, shal from
henceforth and for future, be wholly freed from all trouble by
sutes of law by any from, by and vnder vs, in reference to y^
agreement respecting ye purchase of ye Riuer.
The forementioned graunts are confirmed by the Gen^i Court,
vnto Capt. John CuUick, his now wife and her children and
successors, vpon consideration of fiue hundred pounds, to be
paid by him vnto this Court or their order, and acquittances
giuen for moneyes paid and other discharges, more largely spe-
cified in specialties giuen by the said Capt. CuUick vnto this
Court.
The true intent and meaning of ye fift perticuler grant of ye
Court is, that Cap*. John Cullick & his wife and heires are
freed from all trouble and molestation soe far and noe further
then ye estate bequeathed to them had or hath any reference
to ye agreement made between Georg Fenwick Esq' and this
Genrii Court.
OF CONNECTICUT. 329
In confirmation of ye prmises Enacted by the Gen: Court
& by order of y^ Gen: Court, and by their order subscribed,
I haue caused the seale of ye pr. Dan: Clark, Secretary
Coll: to be herevnto affixed as to y^ Collony of Conect-
aboue appeareth on ye mar- icutt.
gent. Jo: Winthrop, Gou'.
This writing is a true Coppy of an Orignii d'd p"" ye Gen^^
Court, to Cap*. Jn". Cullick, transcribed p"" Danii Clark, SeCy.
[107] A discharg from Cap*. John Cullick and his wife, to y^
Gen^i Court of Conecticut.*
These p^t^ testifie to all to whom they may be of concern-
ment, that we, John and Elizabeth Cullick, of Boston, in New
England, vppon good consideration moueing vs hereunto, doe,
for our selues and heires and ye legatees to ye estate of Georg
Fenwick Esqf, lying or situate in New England, hereby fully
and freely and for euer acquit and discharg the Colony of Con-
ecticut, with ye Generall Court and all and every Plantation
therein, from all sum or sums of money already paid or any
way payable vnto Georg Fenwick Esq^, or his assignes by vir-
tue of an Agreem* and purchase made of ye Riuer ; And doe
hereby fully discharge and acquit and secure the said Court and
all those Plantations that were concerned in ye said purchase,
from all future demands, troubles or molestations by any from,
by or vnd' vs or any of vs, in referenc to any moneyes that haue
bene alredy paid or y* may be deemed to be due by virtue of
the said Agreem^. In witness to ye prmises we, John and
Elizabeth Cullick haue hereunto fixed o"" hands and scales, this
instant October the seauenth, 1660.
Signed, sealed and delivd John Cullick. ( j
in pi'senceof vs,
Daniell Clark, Elizabeth Cullick.
Thomas Bull.
Recorded out of ye originall, and is a true extract, exam-
ined pr me Daniell Clark, SeC-y.
• See Appendix, No. VI.
29*
330 public records
[108] At a Session op the Gen: Court, at Hartford, M^'ch
9, 58-59.
Thorns Wells Esq"", Gour.
Jo: Winthrop Esq^ Deputy.
Magestrates : Mr. Webster, Maior Mason, Mr. Willis,
Mr. Talcot, Mr. Phelps, Mr. Allyn, Mr. Treat, Mr. John
Wells.
Deputyes : Dan: Clark, Secret: Mr. Steel, Mr. Gaylard,
Mr. Brewster, Cap^: Lord, John Bissel, Will: Wads-
worth, Joseph Migat, Mr. Sam^i Wells, Goodm: Morgan,
Goodm: Demant, Richrd Butler, Edw^'d Griswold, Rob*
Webster.
This Court hath remitted a third part of the fine imposed on
Nicholas Palmer, by the Court of Magestrates, for glueing Cider
to Indians.
Vppon consid''ation about a request of L* Hollister, pi'sented
to this Court, respecting the charges of the Ch. of Wethersfeild
agaynst him, vpon w^Ji he was excomunicated, the Court find-
ing that former indeauours have not p''vayled to obtaine them,
doe hereby declare, that this Court iudgeth it agreeable to y^
General practice of the Ch^ amongst vs, to deliuer vnto y^ de-
linquent the pUiculers of his offence in writeing (if he desire it,)
before they proceed to excom: or elce they, by the Elders, sea-
sonably after the sentence, doe giue in the charges for y^ delin-
qnts benefit and conviction ;
The w<=h this Court doth iudge ought to haue bene attended
by the Ch: of Wethersfeild, and the pniculers wherein L* Hol-
lister hath offended (for wh°h he was censured,) sent to him from
the Church, or elce that the Ch: doe order or enable the Elder
to deliuer the said charges to y^ L* Hollister or to some trusty
messengr improued by him to fetch them at the Elders house.
But in case y^ motion or advice of the Court p^vayle not to pro-
cure the charges forementioned; then the Court orders Mr.
Sam^i Wells and Sam'* Boreman seasonably to repaire vnto
Mr. Russel, in the behalf of L^ Hollister, and in the name of
the Courte desire, and if need be, require of him and the Ch: of
Wethersfeild, the pniculer charges or offences for w^h Mr. Hol-
lister was censured, and hauinge receaved the sayd charges
OF CONNECTICUT. 331
from Mr. Russel and the Ch:, forthwith to deliuer them to Mr.
Hollister for his help and conviction.
And whereas Mr. Treat, Mr. HolUster, Jo: Demant, are de-
sirous and wilhng to attend some regular way for the composing
their differences, and to y* end desire some Ch^: or p^sons may
be thought on, to heare and determine the same ; It is desired
by the Court, that Wethersfeild Ch:, wth ye officer, would con-
sid)^ the matter and seasonably, wt^out delay, conclude if it can
be, vpon some way that may effect the issueing their sad
differences.
[109] This Court sees cause to repeale that order or orders
wherein the selling of Sider was prohibited ; soe far as the ord*"
respects Cider, so far it is repealed ; the rests stands in force.
Its ordered by this Court, that there shalbe provided for every
Mill in this Collony, a Toll dish, of a just Quart, as alsoe a
Pottle dish of 2 Quarts, and a pinte dish, al sealed, and an instru-
ment to strike w^h, all fit for the purpose.
Its ordered, that for the future it shalbe left w^^ the Mages-
trates in this Jurisdiction, in cases respecting the selling of
Liquors to y^ Indians, to weigh and consid"" such tests as are
pi'sented, w^i* circumstances accompanying the same, and to
iudge and determine the cause, as reason and justice in their
judgment and app^'hension doe require.
Its ordered by this Court, that for the future none shalbe
pi'sented to be made freemen in this Jurisdiction, or haue the
priuilidge of freedome conferd vpon them, vntil they haue ful-
fild the age of twenty one years and haue 30/. of proper per-
sonal estate, or haue borne office in the Como wealth ; such
persons quallified as before, and being men of an honest and
peaceable conversation, shalbe pf'sented in an ord^^ly way at the
General Court in October, yearly, to p^'vent tumult and trouble
at the Court of Election.
It is ordered by this Court, that for al such orders as are of
publique concernment, and sent forth into the whole Collony to
be published, that the Secretary shalbe payd for his paynes
herein out of the publique treasury, and the several Townes to
repay the same to the Treasurer. And likewise for al such
orders as are by him transcribed into the Countrey booke, there
332 PUBLIC RECORDS
shal be allowed twelue pence for euery order, out of the pub-
lique treasury.
Its ordered by this Court, that whateuer wine or liquors are
brought in or landed in any part or porte in this Jurisdiction
(except such as may be landed for transportation,) shal pay for
euery Butt of wine, 20s. to y^ publique treasury, and soe pi'por-
tionably for lesser casks. As alsoe, for euery Anchor of Liquors
(except before excepted,) there shalbe payd to y^ publique treas-
ury, fiue shillings, soep^'portionably for al greater or lesser casks
or quantities. Al w'^^ wanes or liquors shalbe entred at such
place and by them y* are appoynted herevnto by the Court.
This order to be duely obserued, vpon penalty of forfeiting such
wine or liquors as are discouered and proued to be omitted or
neglected to be entred. And within one month after the pub-
lication of this order, it is to stand in force.
The pi'sons appoynted for entry and recording such Goods
as are subiect to Custome, by the forementioned order, are —
For Hartfurd, Jonathan Gilbert,
[110] Windsor, Waher Filer, ^ These p''sons appoynted for
Wethersfeild, Sam" Boreman,
Fairfeild, Mr. Will: Hill,
Stratford, Rich'^ Butler,
N: London, John Smith,
SeaBrook, John Westall,
MiddleTowne, John Hall,
Nor walk, Mr. Camfield.
this service are allowed for
ye"^ paynes herin, for every
Butt of Wine entred, '2s.
and for every Anchor of Li-
quors, twelve pence p"^ An-
chor ; and soe proportiona-
bly for other casks.
Its ordered by this Court, that noe p^son in this Collony shal
draw and sel Wine or Liquors to the English, by retayle, w'^.
out licence, vppon penalty of fiue shillings for every Quart.
And yt none y^ are licenced ordinary keepers shal sel liquors for
aboue foure shillings by the Quart, and soe p^portionably, after
that rate, for other quantities. And that such as Stil liquors,
and are licenced to sel by i-etayle, shal not sel for aboue two
shillings by the Quart, and soe p^portionably to y* price, for
other quantities.
It is ordered by this Court, that whatsoeuer licences haue
bene formerly granted to any priuate p^sons to retayle liquors,
shal stand in force noe longer then til y^ General Court in May
next, and that whateuer licences of this nature are graunted for
OP CONNECTICUT. 333
the future, they shal pfceed imediately from y« Gen^ Court ;
And yt there shalbe 2s. Qd. payd to the Secretary by him yt
p^cures the licence.*
Its ordered by this Court, that if any person be found drunk,
and convicted soe to be, in any priuate house, he shal pay twenty
shillings for euery transgression of this nature, vnto the pub-
lique treasury, and the owner of the house where the person is
found and proued to be made drunk, shal pay 10s.
Its ordered and required by the authority of this Court, that
the Constables in each Towne shal make diligent search vppon
al occasions when there is suspition of miscarriages by disor-
dered meetings of p^sons in private houses to tiple together ;
and haueing discouered they are to make pi'sentm* therof topub-
lique authority, and such as are convicted to be guilty of the
breach of this order shal pay fiue shillings, one half to y^ pub-
lique treasury, the other halfe to y^ p^son discouering.
Its ordered by this Court, that there shal not be any corne or
malt stild into Liquors, in any Plantation in this Colony.
Middle Towne souldiers are abated one of y^ ordinary traine-
ings, that soe they may help him that carries on the Mill there,
vp with his heauy worke.
[Ill] Willi": Wadsworth, L': HoUister and George Graues
are appoynted by this Court, to discouer what lands are adia-
cent to ye Riuer, about Thirty Miles Island, on both sides, for
the space of six miles vp and downeward the Riuer, as alsoe
eastward and westward from the Riuer.
The Treasurer is ordered to send downe Warr* to y^ Consta-
ble and Townsmen of Seabrook, requireing them to make a
valuation of- al the land and ratable estate at the Farme at 6
Miles Island, and returne a list thereof to y^ treasurer.
This Court, taking into consideration the continued troubles
and distance twixt the Ch: at Hartford and the w^hdrawen
party, after further indeauours for a concurrenc and vnanimity
to cal in some help from abroad, and findeing their labours
herin invalid, haue now ordered and appoynted a council to be
called by y^ Court (leaueing each party to ye liberty whether
they wil send or noe,) to be helpful in issueing the Questions in
controuersy.
* [In the margin ;] " This order concernes not Ordinary keepers."
334 PUBLIC RECORDS
Its ordered that those Ch^: (whose Elders were requested to
come hither) should be desired by h^^ from ye Secretary, in
the name of the Court, to send vs one from each Ch: of their
ablest instruments, to be pi'sent at Hartford, by the third of
June next, to assist in heareing and issueing these differences.
Its alsoe ordered and expected by the Court, that the Qusest^
in controversy shalbe publiquely disputed in the pi'sence of the
Council, according to former order. And y* each party, both
ye Church at Hartford and ye withdrawers, shal ioyntly concur
in bearing the charges of the former Council, and in p^pareing
and provideing for this yt is now to be called.
Edward Stebbing, Jno: Allyn, John Bernard, Nath: Ward,
George Graues, or any three of them, are to levy the rate for
the charge of the last Council, according to former order, and
to make provision for ye entertaynem* of this Councill.
[112] At the GenII Court of Election. Hartford, May
19, 59.
Magistrates chosen :
John Winthrop Esq"", Gou"".
Thom: Wells Esq"-, Deputy.
Mr. Webster, Major Mason, Mr. Hen: Clark, Mr. Wil-
lis, Mr. Talcot, ^ Treas: Mr. Phelps, Mr. Allyn, Mr.
Tratt, Mr. Jo: Wells, Mr. Gould, Mr. Ogden, Capt. Tap-
pin, Thomas Baker, Rob* Bond, Dan^i; Clark, Secrefy.
Deputies : Deacon Gaylard, Cap*. Lord, Secrefy Clark,
Mr. Campfield, Will' Wadsworth, Joseph Migatt, Rich:
Butler, Edw: Griswold, Josias Hull, John: Standley,
John Hart, Hugh Caulkin, Rob* Webster, James Avery,
Samii Stocken, Cornelius Hull, John Wheeler, Thomas
Fairchild, Joseph Judson, John Clark, Rob' Chapman,
L* Hollister, John Demant, Sam^i Wells, Sam^i Bore-
man.
The freemen voted to leaue the choice of ye Comissioners
with ye Genii Court.
Coinissioners chosen for ye ensueing year ; John Winthrop
Esqr, Gou"^ ; Thomas Wells Esq^, Deputy. Reserue, Maior
OF CONNECTICUT. 335
Mason, who is to act in behalfe of tiiis Collony in ye busines
respecting Mistick & Paucat: at y^ next meeting of y^ Coma's:
The Secrefy to assist, as occasion shal require.
Mathew Marvin of Norwalk is freed from watching and
trayninge.
It is ordered by this Court, that there shalbe Letters sent from
ye Secretary of this Court vnto the Gen^ Court in the Massa-
thuset, to informe them y* it is o^ desire and resolution to bring
the case respecting Mistick and Paukatuck, vnto a reveiw, or
second consideration, at y^ meetinge of ye Comt'S and therefore
desire them of ye Massath: to provide to attend ye transaction
of ye matter forementioned.
[113] This Court haveing considered the busines respecting
the Indians at Paquanack, and the difference twixt Stratford
and Fairfield about the sayd Ind^: doe see cause to order, that
according vnto ye desire of the Indians they may quietly pos-
sess and enioy from hencforth and for future, that parcel of land
called Gold Hill : And that there shalbe forthwith so much
land layd out within the liberties of Fairfield as the Comitte
appoynted by the Court shal iudge fit, and in as convenient a
place as may best answer the desire and benefit of the Indians
forementioned, for ye future. And the sayd Comittee is to see
soe much land layd out wt^in ye bounds of Fairfield, for ye vse
and accomodation of Stratford, as y^ Golden hill forementioned
is for quantity and quallity, and as may be most convenient for
ye neighbours of Stratford. And in case Stratford men are
vn willing to accept of land, that then ye Comittee shal appoynt
how much and in what kind the inhabitants of Fairfield shal
pay vnto Stratford, in way of satisfaction. And it is ordered
and concluded, y* this parcel of land called Gold Hill, sunen-
dered by Stratford vnto Paquanack Indians, accordinge to ye
premisses, shalbe ful satisfaction from them vnto the Indians
forenamed, and y* neither they nor their successors shal make
any further claimes or demaunds of land from Stratford, but
shal from henceforth and for future be accounted as Fairfield
Indians, or belonging to Fairfield, to be pi'vided for by them for
future as is forementioned in the order. And its ordered, y* in
case these Indians shal wholly at any time relinquish and desert
Gold Hill, that then it shal remaine to Stratford Plantation,
336 PUBLIC RECORDS
they repaying to Fairfield the one half of y* w^h they receaued
in consideration of the sayd land.
The Comittee appoynted by the Court to see this order put
in execution, are, of Norwalk, Mr. Campfield, Mr. Fitch, Rich-
ard Olmstead, Nath^i Elye, who are to bound out the lands at
Gold Hill, about 80 Acres, beginning at y^ foot ofy^ hill where
ye Wigwams stood, and soe to run vpwards on the hill and
within Fairfield bounds, as is aboue mentioned. And the sayd
Cofoiittee is to make returne to y^ Court in October, what they
doe in reference to this order.
Mr. Campfield pi'senting from the Towne of Norwalk, Rich^'d
Olmstead for y Lieutenant and Walter Hoyt for their Ser-
geant, they are both confirmed by this Court.
Mr. Talcot, Cap*^. Lord and Joseph Migat, are appointed to
take and p^sent an Inventory of y^ estate of Sam^i Fitch, at y^
next June Court, and to be assistant in ye distribution and man-
agement of ye sayd estate.
[114] Hartford, May 20, (59) This Court haueing consid-
ered the petition p^'sented by the inhabitants of Seabrook, doe
declare y*^ they approue and consent to what is desired by ye
petitioners, respecting Mohegin, p^vided y* within ye space of
three yeares they doe effect a Plantation in ye place p^pounded.
The Court ordered the Secretary to send an Attachm*^ to be
serued on the estate of Arthur Bos lock.
Its ordered y' ye Assistants in this Jurisdiction shal haue
power to send forth destreints for levyng rates to grant replevins}
to p^ceed according to law in punishing Drunknes, Lying, Theft,
•w^^ia their respectiue pJ'cincts, as any p^ticuler Magistrate may
doe.
Its desired by this Court, That ye Gou^'no'', Mr. Willis, Mr.
Allyn, Mr. Trat, Mr. Brewester, doe assist each other in keep-
ing Court at N: London, on ye first day of June, to transact
such occasions as are necessary andshalbe p^sented vnto them.
Thomas Basset of Fairfield, is freed from watching, warding
and traininge.
Vppon consideration of what hath bin propounded by Mr,
Baker, respecting East & South Hampton, It is iudged by this
Court to be very advantagious to ye safety and comfort of ye
Planta^: aforesayd, that vppon any necessary occasion there
OP CONNECTICUT. 337
should be liberty allowed vnto y^ Magistrates, or y^ maior part
of them, to call a Court in either of those Plantat^: according as
they iudge most meet and to impannel Juries or summon wit-
nesses as need requires, to attend the Court soe called out of
either of ye Plantations.
2. It is iudged that noe Magestrate ought to be called to ac-
count for any error in transacting mattes of Judicaf, but only
by the Gen: Court at Conecticut.
3. That according to y« Articles of Confederation, it is not
in ye hands or power of any Magistrate to summon any to Con-
ecticut Court, after triall at Long Island, but by way of appeale,
and yt in all ordinary cases it is very meet and expedient y'
all testimonies should be taken by 2 Magestrates, before PI' &
Deft, upon oath, and sent ouer hither, if occasion soe require,
and not trouble men to come to giue pi'sonall testimony here.
4. Respecting matter or charge for Magistrates comeing for
information in cases to this Court, It is iudged y* where it re-
dounds to ye p^ticuler benefit of ye Towne concerned in it, the
charge should be borne by the Towne to w^i* he belongs ; if
any difference arise about ye charges, the Magistrates in ye
other Plantation to decide it.
This Court is adiourned to ye 3*^ Wednesday in June.
[115] At a Session of Gen: Court, Hartford, June 15: 59.
Jo: Winthrop Esq"", Gou^
Tho: Wells Esqf, Dep:
Magistrates : Mr. Willis, Mr. Talcott, Mr. Allyn, Mr.
Phelps, Mr. Goold.
Deputies : Deaco Gaylard, Capt. Lord, Secref: Clarke,
Will: Wadsworth, Jos: Migat, Rich: Butler, Jo: Demant
Sen:, Mr. Sam: Wells, Edw: Griswold, Josias Hull, Sam"
Boreman, Cornel: Hull, John Wheeler, John Standley,
Joseph Judson, Hugh Caulkin.
The Gouerno^'s WorshP manifesting his desires to this Court
of a tract of Land at the head of Pocatanack Coue, to y®
furtheranc of a Plantat" at Quinibauge, The Court haueing
heard and considered the sayd request, haue answered it to ye
30
338 PUBLIC RECORDS
number of 1500 Acres vppon the Fresh Riuer together with
ye Royalty and propriety of the Riuer, in case it may not be
p^iuditiall to any Plantation, nor take in aboue 150 Acres of
Meadow.
This Court doth hereby manifest their acceptance of the in-
habitants of Quinibaug vnd^ this Gouernm*, if they desire the
same.
Deacon Caulkin, James Morgan, James Avery, are appoynted
to lay out ye Gouernours land.
Whereas there hath bin liberty graunted by virtue of a re-
peale of former orders prohibiting selling Cider to English and
Indians, This Court to p^uent the excess of drinking Cider, and
drunknes thereby too frequently obserued in ye Indians, and y^
by Cider as is iudged, doe hereby order, that whoeuer sels Cider
to Indian or Indians, shal for future sel none by bottles or in
Casks, greater or lesser, but only such quantities as they y* sel
shal see drunk before their eyes, in y p^sence, yt drunknes and
the evil effects thereof [jnay he\ avoided and pi'uented.
Its ordered, that the former order respecting pi"viding Ordi-
nary keepers in each Plantation, shal now stand in force of
general concernment to ye whole Collo:
Mr. Willis is requested to goe downe to Sea Brook, to assist
ye Maior in examininge the suspitions about witchery, and to
act therin as may be requisite.
This Court doth iudge it to be ye duty of the inhabitants of
Wethersfield to p^uide for ye Towne of Wethersfield, in refer-
ence to ye ministry.
This Court obserueing the neglect of their former ord"^ in
reference to ye Inventories of the estates of C honed freinds
deceased, Edward Hopkins and George Fenwick Esq^s, It is
therfore now ordered and required by this Court, y* whateuer
p'^son or p^'sons in this Collo: haue in y p^'sent possession or im-
prouement any estate yt either is or hath bin reputed or ac-
counted the estate of either of ye aforesaid Gent: sine their de-
cease, that they secure and prserue the said estate in their owne
hands, or ye value thereof, (casualties exepted,) to be accompt-
ible to this Court when required thervnto, vntil ye wills and in-
ventories of ye sd Gentl: be exhibited into ye Court, and right
OF CONNECTICUT. 339
owners to ye estate appeare, and administration be graunted ac-
cording to law.
This Court hath granted a license to y^ Marshall to sell wine
by retaile, pi'vided he suffer not y^ wine that he sels to be drunk
in his house.
[116] Its ordered, that y^ general heads of the charges against
the withdrawers shalbe sent to them, and that they appear at
the Court in October, to answer to the sayd charges.
Wednesday, the 29 of this Instant, is appointed to be kept a
solemne Humiliation, partly for England and partly for o"" owne
selues, in regard of the vnsetlednes of their and o^ peace,
partly for the season, y' God would p^uent euills yt may be fear-
ed, and respecting y^ Council, that God would bless their labours
to effect a good issue, if they come vp.
This Court iudgeth it necessary that several of y^ Ch^, of X*^
in the Massatuset should be sent vnto, and desired to afford the
help of their Reu^nd Elders and worthy messengers that were
of the former Council at Hartford, vnto whom are added, by
the nomination of the withdrawers, the teaching Elders of
Dorchester and WaterTowne. The Ch^ to be sent to, whose
help is requested, are Boston, Camb:, Roxb:, Dorchester, Ipsw:,
Dedham, Water T:, CharlesTown, Sudbury ; seauen wherof
the withdrawers consented to ; the Court and Ch: assenting to
and desiringe all or as many as the Lord shall incline or enable
to attend the worke ; vnto whose decisiue power, the with-
drawen partie is required, the Ch: at Hartford freely engaging
to submit according to the order of y^ Gosple.
Its the rather desired that those Reuerend Fild^^ and Messen-
gers of ye former Council, with ye other two conioyned, should
be requested to be helpful now againe to heare and determine
these irreconciled differenc at Hartford twixt the Ch: and w^^-
drawen members, bee: of the experim^ yt hath bin made of their
abillities and labouriousnes, aud the good issue y* was effected
therby, workeing a pacification amongst them y' were at soe
vast a distance and being the more apt and ready in y^ contro-
uersy to discerne where y^ root and occasion of y^ breach is.
The Council forementioned is requested to be at Hartford the
19 of Aug^', the time of their hearing the matters in differenc
340 PUBLIC RECORDS
publiquely debated, according to former ord"", to be with al con-
venient speed after their comeing vp.
The former ord^s respecting charges in and about [the] former
Council, and p^videing for this Council, to stand in force.
The Deputy Gouerno'" is desired to inquire into ye busines
about ye Monheags comeing and abideing with Seano, and to
act by way of advice as his WorsP shal iudge meet.
The petition of James Rogers was read and considered and
ye things petitioned graunted, viz: 150 Acres next vnto y^
bounds of N. London, p^vided it doe not damnify the Indians
nor ye Planta: of N. London, or any farme now layd out ; Goodm-
Morgan and Avery to lay it out to him. He hath liberty graunt-
ed to possess and improue what land Vncas hath giuen him.
Thomas Burnam is required to appear at ye Court in Octob^j
to answ^ for his former cariage complayned of to y® Court, and
L"^ Bull is required to p^secute his form"" compl^t at ye Court
aforesd.
[117] At a Session of the Gen^ Court at Hartford^
OcTOB-- 6, 59.
John Winthrop Esqr Gour.
Thom^ Wells Esq^ Dep.
Magestrates: Mr. Willis, Mr. Phelps, Mr. Allyn, Mr.
Treate, Mr. Gould.
Deputies : Dan^i Clark, Sec: Deaco Gailard, Mr. Rich:
Lord, Will"! Wadsworth, Mr. Robbins, Joseph Migat,
Richrd Butler, Mr. Sam'i Wells, John Deminge, Samii
Boreman, Edw^ Griswold, Mr. Hill, Josias Hull, Thom^
Fairchild, Joseph Judson, Jehu Burr, John Gregory,
Waltr Hoit, Samii Stockin, Nathan" White, John Clark,
Robt Chapman, Thom^ Judd, John Hart.
This Court haueing considered the Petition of Arthur Bost-
ick, and what hath bin p^sented in behalfe of his wife, accord-
ing to ye desire and pi^position of the said Arthur, haue appoint-
ed Mr. Blackman, Goodman Beardsley, Mr. Fairchild and
Joseph Judson, as a Comittee to considr the state and condition
of the said Bostock and his wife, and to ord'" what they think
OF CONNECTICUT. 341
sutable therin ; and in case Bostick be vnsatisfied w'^ their
act, then he is required to appear at y^ next Session of this
Court, to render the reason of his dissatisfaction with the act
of the forest Comittee. And the Comittee to make returne at
ye next Session, what their determination is about the pi'mises.
But in case Bostock rest satisfied w'^ what is done by the Com-
ittee, this Court doth free the Attachm* y* was formerly laid on
ye estate of the said Bostock.
Cromwel Bay being propounded to this Court to be admitted
and receaued ynd"" this Gouernment,* The Court considering
the same, haue and doe declare their willingnes to accept the
said Plantation of Setauk ynd^ this Jurisdiction, soe far as they
may not any way intrench vpon the Articles of Confoederation
wth the other three Collonies, and therfore desire the inhabit-
ants of Setauk to attend the next sitting of the Com^s at New-
hauen, if they think meet, to act for and in their own behalf
in ye prmises.
The last wills of Edward Hopkins and George Fenwickf
Esqi's being exhibited into this Court, it is thought meet by the
Court yt ye former restraint layd on ye estates should be taken
* The following petition had been presented to the Gen. Court, by the inhabitants of the plan-
tation at Croravvell's Bay :
"Cromwell Bay, alis Setauke, August y« 6. 1659.
It hauing pleased God to dispose the harts of vs the inhabitance of the place aforesaid, to
subiect our plantation, persons and estats vnder the p'^tection and gouerraent of the CoUoney of
Coneticoke, for the full accomplishment of the p'mises, wee the said inhabitance doe request
the faviour of our trusty and beloved associats Ensigne Alixander Brian and Samuell Sherman to
solicit our vnion w'li the sayd Colloney that wee may be accepted a member of the sayd body
pollitick ; the terms specified in all humblenesse, three years race free, in respect of our low es-
tate and charge in poynt of purchas, secondly, in regard of our remotenes from the head Court,
and the vncertaine passage ou^ the Sound, that like p'velege might be granted vs liueing on Long
Island equall wtii South and East Hampton ; the aforesayd terms being granted vnto vs, wee the
sayd inhabLitance athorize the sayd Alixander and Sammuell to ratifie and conclud the sayd vnion
as If wee the said inhabitance were personally present. Subscribed w'^ a vnanimos consent, day
and date aboue writen." Signed by, John Vnderhill, Richard Wodhull, Roger Cheston, John
Jenner, William Fance, Thomas Harlow, James Coke, Johon Diar, Edward Rous, Thomas [ ]
Thomas Mabbes, George Wood, Henry Rogers, Roert Acreley. " These in the name of the rest."
[Towns & Lands, Vol. i. Doc. No. 9.]
t The Will of Mr. Hopkins, (whose death occurred a day or two before that of Mr. Fenwick, )
was executed Mar. 17th, 1656-7. An abstract of it is given in a note to Savage's Winth. Jour.
I 228. Mr. Fenwick's Will was proved, April 27th, 1657. A copy of it is preserved
among the files in the Secretary's Office (of this State,) and an abstract will be found in the
Appendix, No. VII.
30*
342 PUBLIC RECORDS
of, and yt y^ debts due to y^ said estates be required and gath-
red in, to p^uent damadge in y^ estates.
This Court takeing into consideration the long and tedious
differences and troubles y* haue bin and are stil continuing
twixt Mr. Russel and severall members of Wethers field Ch:,
and perticularly twixt Mr. Russel and the LS* doe iudge it very
necessary that some course be attended for y^ redress of the
same, and haueing long waited to haue y^ parties at difference
com to some ioynt agreem^ amongst themselues vpon a way
[118] and meanes || of hearing and healeing the said differ-
ences, and not concluded of. This Courte doth therfore desire
the 2 Chs of Christ at Hartford and Windsor to send 2 or 3
Messeng'"s a peice, to examine and search into y^ nature of the
differences, and haueing heard what may be said by both parts,
to giue such counsel and advice as God shall direct them vnto
by the light of Scripture and reason, and in case it be not em-
braced, that then y^ determination of ye Messeng^s may be
p'sented vnto y^ Court y^ soe it may be duely considered.
And the whole Church belonging to Mr. Russels charge lately
of Wethersfield, is to be acquainted herewith, yt they may pre-
pare y™selues for this hearing. It is further desired that y^
Messeng'"^ may be p'sent at Wethersfield ye first Tuesday in
Nobr and that pi^vision be made for their entertainm* by those
yt are now resideing at Wethersfield.
A list of the Estate of the several Plantations was pi^sented
and is as foUoweth : £
Imps The Estate and p^sons at Hartford, 21128.
of Windsor, . 15345.
of Wethersfield, 12103.
Farmington, . . 05548.
Sea Brook, . . . 05215.
Middle Town, . 02543.
Fairfield, p^sons, 80. 10442.
Stratford, p^sons, 65. 08434.
Mr. Willis and Mr. Allyn are desired to goe down and to as-
sist in keeping Court at Fairfield, on Thursday, the 20th of this
instant. Mr. Campfield is desired to assist them, espetially in
the busines respecting Mr. Gould and Galpin.
* Lieut. Hollisler. See page 330, ante.
OP CONNECTICUT. 343
This Court is adiourned to y^ 2^ Wednesday in No^"" next.
The estate of Norwalk is 3829 £.
[119] Hartford. Session of the Gen^' Court, No^r 9,59.
This Court doth graunt a Rate of a penny ^ penny p"" £. to
to be levied vpon ye estate of y^ Collony.
In consideration of Gods goodnes to this Collony, in y^ fruit-
ful and seasonable haruest, the general restoration of health to
ye Plantations, and the success of y^ indeauours of y^ Reuer-
end Eldi's of y^ last Councill, for y® composeing the sad differ-
ences at Hartford, — for the foregoinge respects, this Court doth
see cause to appoint this day three weeks, being the last of this
month, as a publique thanksgiueing throwout this Collony.
Jonathan Gilbert is appoynted to require the payin^ of that
wch Farmington Indians are engaged to pay to this Court,
in Octo^'' yearly, the first payment being due 2 yeares now
past.
Mr. Willis, Mr. Talcot, Mr. Stone and Edward Stebbing are
desired by the Court to goe downe to Middle Towne, to inquire
ye nature of ye troublesom differenc fallen out there, and to
indeauour a composition thereof, but if they cannot issue it, the
Comitte is desired to make returne to ye next Session, what
they shal doe in ye premisses.
David the Jew, for his misdemeanour in going into houses
when the heads of ye families W absent, and tradeing p^vision
from children, and for such like misdemean", is fined 205.
This Court adiournes to ye last Thursday in Feb^ary next.
[120] At A Session of the GenII Court, Feb^ 23, 59.
Jo: Winthrop Esq^ Go:
Magestrates :* Mr. Willis, Mr. Phelps, Mr. Allyn, Mr.
Treat.
Deputies : Mr. Gaylard, Capt. Lord, Danii Clark, Sec^
WiUm Wadsworth, Mr. Robbins, Mr. Sam: Wells, Jo-
* The pame of Deputy Governor Welles, disappears from the list of Magistrates. He died, at
Wethersfield, Jan. 14th, 1659-60.
344 PUBLIC RECORDS
seph Migat, Rich: Butler, John Demant, Edw: Griswold,
Samii Boreman, Josias Hull, Thom^ Judd, John Hart.
Michael Griswold is freed by this Court from traineing but
he is to maintein watch and ward.
John Allyn and Jacob Migat, in behalfe of the Artillery, pur-
sueing a former graunt of this Court of 300 Acres of land, for
incouragem^ to y^ Artillery successiuely, doe desire that this
Court would be pleased to grant to them 30 miles Island, w^h
those two parcels of meadow on ye East side of the Riuer, the
one next aboue, the other next below the Island, in case the
place thereabouts be not found to be sutable for a Plantation,
. or be not p^'engaged to any perticuler person, by this Court.
This Court considering the low estate of Will™ Clarke his
family, doe order respecting the fine imposed on him for trade-
ing Liquors contrary to law, that he shall pay to y^ publique
Treasurie 405. p"^ yeare, for foure yeares, the first payment to
be made this spring, at y^ demand of the Treasurer.
Daniell Harris is approoued for an Ordnary keeper, in Middle
Towne.
To pi'uent future trouble respecting Guards appointed by a
former Order, to attend the publique meetings in the several
Plantations, This Court now orders, y* it shalbe in ye power of
the milletary officers belonging to each Towne yearely to cal
out and appoint soe many of the Traine Band as the order of
Court requires for each Plantation, to attend that seruice, pro-
vided yt noe person is to be compelled to attend that service two
yeares together. And the Sergeants who are to take care of
the said guards, are ordered and required to exercise due care
that their respective companies come with their armes wel
fixed, and provided with powder and bullets sutable for yt ser-
vice.
[121] This Court doth order, that all the Podunk Indians shal
peaceably enioy al their lands at Podunk with their several!
proprieties as formerly, free from any molestation by any in this
CoUony, according to j^ Coma's orders in 58 & 59, hereby fully
ratify inge and confirmeing their acts therein.
Mr. Willis, Mr. Tailcot, Mr. Allyn, Cap*. Lord, William
Wadsworth, John Allyn, Ensign Wilton, John Bissel, are ap-
pointed a Comittee to lay out and devide Podunk lands for-
OF CONNECTICUT. 345
merly possessed by those Indians, and likewise to treat w'^ y^
Indians, that what land there may be that is not or may not be
fit for their planting, they may be willing to part with it to
those English that have contracted with Tantonimo. And
what appeares to y^ Comittee to be granted and allowed by the
Indians to be Tant^: perticuler propriety, the Court is willing
to allow of and confirme to y^ English according to their bar-
gaine, vidz: to Thom^ Burnam and his partners. And what
winter graine is sowed on the land, there shalbe liberty and
allowance from y^ Indians to reap the same by those that haue
sowed it. The Comittee aboue haue full power giuen them by
this Court to make a ful issue about the p^misses accordinge to
ye order abouementioned. And if the Indians be willing to
part with some planting land, the Comittee may lay it to Tanto:
part, for those English abouementioned. And to make returne
to ye Court what they doe in and about the pi^misses.
Whereas there hath bin complaint made and p^'sented by y®
inhabitants of Hartf^^, Windsor & Wethersfield in referenc to
ye bargain made w^^ Mr. Fenwick, This Court doth order that
a Comittee be chosen to treat with Cap*. Cullick, as agent to
G. Fenwick Esq^, about the differenc that hath bin and yet is
in referenc to ye Agreem* made with him. Vnto w^h Com-
ittee this Court doth grant full power to bring matters in con-
trouersie vnto a full issue by composition or otherwise, as they
shal see meet.
[122] The Comittee chosen to treat with and pursue to effect
the order of the Court with Cap* Cullick, are The Wor^i
Gouerno'' Winthrop, Mr. Willis, Mr. Allyn, the Secretary and
W. Wadsworth.
Whereas there hath bin a repealing of ye former restraint
laid vpon ye estates of Edw: Hopkins and George Fenwick
Esq", that debts due to ye estate might be taken in, Vpon fur-
ther consideration, this Court orders, that ye estates aforesaid
be securd within this CoUony vntil the s^ estates be inventoried
and ye Inventories p^'sented and administration granted by this
Court.
This Court adiournes to ye 2^ Wednesday in Aprill.
346 PUBLIC RECORDS
[123] A Session of Gen: Court, AprII 11, 60.
Jo: Winthrop, Esq"", Go:
Magestrats : Mr. Hen: Clark, Mr. Willis, Mr. Allyn, Mr.
Phelps, Mr. Treat.
Deputies : Mr. Gailard, C: Rich: Lord, Dan: Clark, Sec":,
Willm Wads worth, Mr. Robbins, Mr. S. Wells, Joseph
Migat, Rich^ Butler, John Deminge, Edw: Griswold,
Thorn: Judd, Jo: Hart, Samii Boreman, Sam^i Stockin.
A L"" from y^ Dutch GouernC" to C Wor^i Gouerno'' was
read, as also o*" Wor^i Go: returne thervnto, w^h was approued
by this Court.
This Court considering the necessity of altering that perticu-
ler in y^ 3'^ Law, respecting the choice of a Gouerno"", vidz:
That noe person be chosen Gou"" aboue once in two yeares,
haue thought meet to propound it to y^ consideration of y^
freemen of this Collony, and doe order the Secretary to insert
the same in the Warj^ts for ye choice of Deputies, and request
the return of ye remote Planta^: (yt vse to send Proxies, at y^
Election, by their Deputies. And it is desired that their proxies
may be ordered according to what may be concluded on about
ye ordi" forementioned.
This Court appoints Wm. Wadsworth and Jo: Deminge Sen^,
to assist Mr. Jo: Cotton in administration to y^ Estate and as
ouerseers of the last will of Thoms Wells Esqf.
This Court haueing heard the returne of the Comittee for
Podunk lands ; That since they came to a conclusion respect-
ing Thomas Burnam his contract with Tantonomo, It appeares
that part of the lands laid out to the said Burnam and his co-
partners doth belong to Foxens successors, by a gift from Foxen
to his allies: This Court doth therefore order. That those Po-
dunk Indians shal enioy and possess their lands according to
former order. And that those English men that contracted
with Tantonimo shal enioy and possess according to their bar-
gaine only that w^h is y^ particuler proprietie of Tantonimo,
that the Indians doe yield or that Tanto: can proue to be his
propriety.
Mr. John Allyn and Jonath: Gilbert are to bound out y^ said
Tanton: part to Tho^ Burnam and his partn^^ and this shal
stand vntil further proof appeare about Tantonimo his right.
OF CONNECTICUT. 347
[124] This Court haueing heard and considered the Petition
from N. London doe at pi^sent soe far accept of the request of
the petitioners as to allow of Mr. Tinker for an Assistant in that
Plantat°: and Mr. Bruen, James Rogers, L* Smith and John
Smith, as Comfs, vntil the Election Court in May next ; who
with ye assistance of Maior Mason shal haue power to keep
Court according to y^ contents of y^ Petition, in matters of an
inferiour nature, and perticulerly about that busines respecting
Waterhouse ; and the ful answer of y^ Petition is deferd vntil
ye Court of Election.
Willni Duglas is chosen Packer for N. London, for a ful
yeare, and to be allowed for his paines herin according to what
is allowed in y^ Massachusets coUony, and whateuer he packs
or repacks shal pass vndr his scale.
[125] A Court of Election held at Hartford, May 17, 60,
Magestrates ElecV^.
Jo: Winthrop Esq"", Go:
Maior Jo: Mason, Dep :
Mr. Henry Clark, Mr. Willis, Mr. Phelps, Mr. AUyn,
Mr. Treat, Mr. Gould.
Long Island. Cap*. Tho: Topping, Mr. Ogden, Tho:
Baker, Rob* Bond.
Danii Clark, Sec^ John Talcot, Treas"".
Deputies : Wm. Gaylard, Wm. Wadsworth, Jo: Talcot,
Joseph Migat, Edw: Griswold, Jo: Deming Sen:, Mr.
Sam: Wells, Rich^d Butler, Josias Hull, Stephen Hart,
Antho: Howkins, Sam'i Boreman, Wm. Gutridge,
Mathew Griswold, Rob* Chapman, J no. Tinker, Hugh
Caulkin, Math. Campfield, Samii Hall, Wm. Cheny,
Rob' Warner, Phillip Groues, Tho: Fairchild, Jo:
Wheeler, Cornel: Hull.
It was voted by the freemen thaty^ perticuler in ye 4*^^ Law,
respecting the choice of the Gouernc, should be alfd, and that
for future there shalbe liberty of a free choice yearely, either of
ye same person or another, as may be thought meet, without
pi'iudice to ye law or breach thereoff.
348 PUBLIC RECORDS
This Court doth free Michael Try, Richard Vore, Goodman
Fossaker and Goodman Stocking, from traineing, watching and
wardeing.
This Court doth confirme and estabhsh the conclusion of y^
Comittee in reference to ye Paquanack Indians and the Planta-
tions of Stratford and Fairefield.
■ The choice of y® Com^s for this CoUo: for the yeare ensueing,
is left by the freemen to this Court to issue and effect.
The Worfi Gouernour and Dep: Gouerno'' are chosen Comi's
for this yeare ensueing, and Mr. Math: AUyn is chosen for a
reserue.
Mr. Mathew Allyn is chosen Moderator, to supply the place
of ye Gouerno^ and Dep: in case of their occasional absenc from
ye Gen: Court.
The Towne of Huntington, on Long Island, p^senting their
desires to be accepted ynd"" this Gouerm*, vpon the same tearmes
yt Southampton stands w*^ vs, and likewise to be freed from
publique charges for ye space of three yeares, this Court in order
to ye forementioned request, makes this returne ; That they
accept of ye proposition of ye Towne of Huntington soe far as
may be consistent with ye Articles of Confosderation with ye
Vnited Collonies, and therfore doe advise the Planta: foremen-
tioned to address vnto ye Com'^ at yeir meeting at N. Hauen,
to vndi'stand the mind of the Coma's in this matter. And further,
this Court expects to be free from publique expense about that
Plantatn for ye space of three yeares after the Confoederation,
[126] and that themselues shal beare all the charges || that may
be contracted by any occasion wherin this Collo: doth, accord-
ing to Articles agreed on, afford them assistance.
Wm. Palmer Sen"", is freed by this Court from watch: ward:
and traineing.
Vppon ye motion of Mr. Josiah Stanborough, This Court
doth declare that it is their desire that ye Magestrates of South-
ampton and Mr. Barret would be pleased to take ye children of
ye wife of Mr. Stanborough and the estate belonging to them,
and to dispose of both soe as may be conduceable to ye p>"serva-
tion of ye estate for ye legatees.
This Court haueing considered the petition of Goodman Jack-
son, doe accept of his request and are willinge to allowe thiis
OF CONNECTICUT. 349
libertie, that provided there be 15/. fine paid to y^ pubHque
treasury by the transgressour, then the formf sentence adiudg-
ing corporall punishm* vpon y^ deUnq^ shalbe revoked, but if
this fine be not embraced and accepted of, then the corporall
punishmt is speedily to be inflicted, according to y^ appointm*
of ye Magestrates.
It is ordered by this Court, that neith"" Indian nor negar serves
shalbe required to traine, w^atch or ward, in this Collo:
In consideration of much inconvenience that appeares to
acrew to many in this Collo: by virtue of former orders that in
^point of execution haue not attayned their end in satisfying
creditors in a sutable way, according to ye nature of contracts
or bargaines, men conveighing away the kind of pay that many
times is preingaged, It is therfore ordered, that it shalbe law-
full for such creditors as haue debts oweing to them in corne or
any other spetial pay (vpon ye refusal of pay in kind, when it is
due and demaunded,) to take out an attachm^ and lay it (if it
can be found out) vpon such estate as is engaged by the debf,
or other estate y* may be found such as ye creditor liketh, pro-
vided it be not prohibited by law, and secure the said estate at-
tached, to a triall at ye next Court appointed for yt end. And
whateuer estate thus attached vpon a trial and iudgm* of y®
Court comes to be apprized, the said Court yt issues the case
[127] shall II appoint those y* shall prize the estate, the valua-
tion whereof shalbe regulated accordinge to ye worth and na-
ture of ye pay contracted for.
The price of Sheep, in ye list of Rates, shal for future be valu-
ed at 155. p"" sheep, vntil the Court further advise on it.
This Court orders that ye Grand Jury hereafter mentioned
shal inquire and consid"" of ye misdeameanors and breaches of
the orders of this Collo: in ye several Townes, and make p''sent-
ment thereof at ye p^ticuler Court in Octobr next, and likewise
at ye prticuler Court in May, (61.) The Grand Jury is as fol-
loweth ; For Hartford, Will'" Wadsworth, Richard Butler ;
Windsor, Mr. Henry Woolcot, Josias Hull ; Wethersfield, John
Deming, Sam^i Boreman ; Farm:, Anthony Howkins ; JMiddle
T:, John Hall; Sea Brook, Rob' Chapman ; N. London, John
Smith ; Stratfi'd, Goodm: Groues ; Fairfield, Jehu Burr ; Nor-
walk, Richard Olmsted.
31
350 PUBLIC RECORDS
It is ordered, that al defects in Armes or neglects in traine-
ing, watch, etc. shalbe determined by any one Magestrate or
Assistant, where such are inhabiting ; and by two of them y^
order the prudentials of ye Towne where is neither Magestrate
nor Assistant ; and that those who determine the case shall
haue power to issue forth order to ye Clarke of ye band to levy
the fine imposed. This order to take place notw^^standing
former orders.
This Court frees the Assistants and ye Deputies chosen to
attend ye severall General Courts, while they stand Deputies,
from traineing, watching and wardeing. a
Its ordered, that ye Grand Jury men shal repaire speedily to
some Magestrate or Assistant to be sworne to ye seasonable
and effectual execution and attendanc on their worke.
Its ordered by this Court, that noe Towne in this Collo: shal
suffer any Indians to dwel w^Hn a quarter of a mile of it, nor
shal any strange Indians be entertained in any Towne, vpon
penalty of 40s. a month, to be paid to ye publique treasurie by
each Plantat» which shalbe found transgressours herein. This
order to take place and be of force, in ye begin: of July next.
[128] This Court doth order, that noe man or woman within
this Coll: who hath a wife or husband in forraigne parts, shal
Hue here aboue two years, vpon penalty of 40s. pr month vpon
every such offendor ; and any that haue bene aboue 3 years
already, not to remaine within this Coll: aboue one yeare longer,
vpon the same penalty, except they haue liberty from ye Gen:
Court.
This Court obserueing an omission or neglect of a former
order respecting the Inventorying the estates of Edw: Hopkins
and Geo: Fenwick Esq'^'^ doe now further order, that the select
men of every towne (where any estate that either is, or hath
bin, since the decease of these Gent:, reputed or accord part
of that estate y* is disposed by them or either of them,) shal
make diligent inquiry in their respectiue Plantations to find out
the said estates according to a true value and to inventorie the
said estate and to make pi^sentment thereof at ye prticuler Court
in Septbr next. And all and every person in each Plantafi, as
before, is hereby required to give in a just acco' to their select
men, of all the estate that either is, or hath bin in their possession
OF CONNECTICUT. 351
or improuem'^ since y^ decease of y^ aforesaid Gent:. And who-
euer is knowne to conceale any of the said estates, or not to giue
in a true acco* as before required, or if any select men doe neg-
lect to attend this order, he or they shal pay vnto y^ publ:
Treasurie, 5/. for every such default.
This Court orders, that if any Indians shal bring in Guns into
any of the Townes in this Coll: It shalbe lawful for any one of
ye English to seize on their guns, and to keep them vntil there
be 105. a piece brought to redeem each gun, w<=h shalbe devided,
one half to y^ Treasurie, the other half to y^ seazer.
Mr. Willis and Goodman Migat and Anthony Howkins are
desired and appointed to take in the consideration of y^ loss of
Lt Lewis and Francis Browne, and according as they iudge
requisite to make destribution to both parties of that w^h ye
Indians haue engaged to pay yearly to make vp their loss by
fire, vntil ye whole sum be paid in by ye Indians.
There is liberty graunted that Fairfield, Stratford and Nor-
[129] walke shal gather out of their said Townes || a small
Troop of Horse, with two meet officers added to exercise them
of their owne choseing, and the Troopers to be such as are ap-
proued by Mr. Gould and Mr. Fairchild and Mr. Campfield and
the officers to be app^ued by the Generall Court. And for pro-
portion they are to take seaven out of Stratford, 7 out of Fair-
field and 4 out of Norwalke.
This Court orders y' none shalbe receaued as Inhabitant into
any Towne in the Collony but such as are knowne to be of an
honest conversation, and accepted by a maior part of the
Towne.
It is alsoe ordered, that noe Inhabitant shall haue power to
make sale of his accomodate of house and lands vntil he haue
first propounded the sale thereof to ye Towne where it is situ-
ate, and they refuse to accept of ye sale tendred.
This Court confirmes Rob* Chapman for an Assistant at Sea
Brooke.
This Court, for many good considerations, doe see cause to
allow o"" Worfi (Jouerno'' 80/. for this yeare ensueing.
This Court doth confirme and establish ye Act of the Comit-
tee at Stratford about Arthur Bostocks estate.
This Court haueing intelligence yt Jasper Clemens being in
352 PUBLIC RECORDS
a probable way to enter into the estate of marriage, and con-
fessing that he had a wife in England, and noth: doth appeare
to evidenc that she is dead, It is therfore ordered, that the said
Jasper and Ellin Browne shalbe forthwith seperated, vntil such
evidence be procured that may clearly demonstrate that the
couen* of marriage be dissolued twixt y^ said Clemens and his
former wife. And the Townsmen of MiddleTowne are re-
quired to put this order forthwith in execution.
This Court doth desire and appoint Mr. Gould, Mr. Camp-
field and Mr. Hill and Mr. Knowles, to issue the busines at
Stratford, and alsoe respect: Goodman Rescues horse, y* he
sold.
In reference to the appeale of Mr. Varleet, this Court doth
[130] order that Mr. Wells shal returne 1| to Mr. Varleet the
one halfe of what he hath receaued, by virtue of execution, from
Mr. Varleet. Its ordered that Mr. Varleet shal pay 40s. to y*'
Treasurie towards this Courts charges on the Triall. Execu-
tion dTd the 29 June, '60. ,
In answer to ye Petition from N. London, this Court haueing
considered the perticulers in it, doe order for ye p^sent, that
there should be an Assistant and 3 Com^s in that Towne, who
shal haue ful power to issue small causes, and ye punishing smal
crimes and offences according to law, provided the cases of
debts and fines doe not amount the sum of 21. And the Assist-
ants peculiar power is noe waies hereby infringed.
It is further granted thaty^ Dep: Gouernof & Math: Griswold
shal lend vnto N. London two great Guns, from SeaBrooke,
w*^ shot such as yy judge may be convenient to be let goe from
thence. And if they iudge that N. London be capable to secure
themselues and the Guns by being thus furnished, they are
impowred to lend the Guns vntil the Court see cause to recall
them.
Mr. John Tinker is chosen Assistant for N. London, and for
Coma's, Mr. Bruen, James Rogers, John Smith, for y® yeare
ensueing.
Stebbins, the Constable of N. London, hath liberty of re-
veiwing his action yt G: Tong commenct ag^t him, at y^ next
Court held at N, London, and y^ Wors^i Deputy is desired to
OF CONNECTICUT. 353
assist in keeping a Court for yt end at N. Lond: and for other
occasions as may pf'sent themselues.
This Court doth appoint Mr. Gould, Mr. Hill, Mr. Knowles,
to hear and determine y^ difference twixt Norwalk Inhabit^s
and ye Indians there.
This Court doth order, that noe person in Hartford, except
Jer: Adams, shal sell wine vudr a quarf cask, nor liquors ynd""
an Ankor.
Robt Lay is desired to take care of any of the estate of Mr.
Fenwicks y* is subiect to loss or damadge, and to improue it,
and be ready to render account of the same, when cald
thervnto.
This Court haueing heard some orders p^sented by Sea
Brook Deputies respect: their Townes, doe approue of them in
reference to yt Towne, and doe grant liberty of a summons to
fetch vp several to y^ Court y' haue transgressed those ord^s.
[1«S1] This Court, in consideration of the several affronts of
the Indians, and hostile attempts and abuses offred to c English
subiects, doe order, that the Secretary, in y" name of the Court,
shall write to y® Com''^ of the severall Coll: to craue their ad-
vice, whether it may not concur with their good likeing that
we send forth not only to inquire after those Indians, but haue-
ing intelligence who they are, to improue some prudent meanes
and effectual, speedily to fetch in such Indians to receaue con-
dign punishmS and to intreat a returne to o^" Worshipfull Gou-
erno"", to y® p''misses.*
Mr. Bray Rosseter for and in consideration of his paines, in
comeing to and attending Mr. Talcot in his sicknes, is allowed
fiue pounds, to be paid out of y^ pub: Treasury.
Session of y^ Gen: Court. Octo: 4 : 1660. Hartford.
Jo: Winthrop Esq*"", Go:
Magestrates: Mr. Willis, Mr. Clark, Mr. Allyn, Mr.
Phelps, Mr. Treat. Secfy, Dani': Clark.
Dep: Capt Rich: Lord, Mr. Gailard, Capt, Tailcot, Mr.
Henry Woolcot, Wm. Wadsworth, Joseph Migat, Edw:
* See Appendix, No. VIII.
31*
354 PUBLIC RECORDS
Griswold, John Deming, Sam: Boreman, Wm. Gutridge,
Jo: Kilburne, Rob* Chapman, Antho: Howkins, Phillip
Groues, Sam: Sherman, Cornelius Hull, Jehu Burr, Jo:
Tinker, James Avery, Rich: Olmstead, Sam^i Hales,
Robert Warner, William Cheny.
This Court vnderstanding the great abuse of y* liberty y*^
hath bin allowed of selling Cider to y^ Indians, by virtue of
former order. Doe now order the repealing of y* order any way
tollerating that trade, and doe further decree, that what p^son
soeuer in this Collony shal hereafter sel, barter or giue any
Cider to Indian or Indians, he or she shal forfeit vnto y^ Pub:
Treasury, twenty shillings p"^ pinte, and p«"portionably for other
quantities, a third part whereof shalbe to him y* discouers y«
offence.
Severall members of this Collony p^senting their desires vnto
this Court of setling a Plantation at 30 Miles Island, in consid-
eration thereof, this Court doe order a Comittee to veiw the
place, and to dispose of it as may be most sutable for to atteine
the end and purpose abouesaid.
The names of y^ Committee : For Hartford, Mr. WiUis,
William Wadsworth ; Windsor, Mr. Allyn, Edw: Griswold ;
Wethersfield, Mr. Treat Sen"", Sam^^ Boreman ; Farmingto,
John Hart.
What right appeares that y^ Indians haue there, it is left to
ye Comittee to ord"" y^ purchase thereof
Eltweed Pomrey hath engaged in Court to rest satisfied with
what consideration y^ Court shall allow him, in reference to
his mare y* was kild.
[132] This Court, haueing heard and considered the case de-
pending twixt Willm Parker and W™ Waller, about Wallers
deteineing a mare and her increase, doe declare this as their
sentence, that each party shal beare their own charges about
this case; and this to be a finall issue o^ that matter. And do©
further order-the Secretary to send downe summons to Reynold
Marvin Sen^ to appear at the Perticuler Court in March next,
to answer both for loosing the mare into ye woods, and likewise
for disposeing of any of those horses w^i ye Court had ordered
to be marked for ye Countrey, and likewise to prohibit him for
medling any more with those horses.
OP CONNECTICUT. ~ 355
This Court haueing ynd^stood that there is an estate lying in
N. London, the owner or agent whereof is lately drowned, doe
order the Secretary to send downe order to Mr. John Tinker
and James Rogers to inventory the said goods, and to secure y^
estate, and in case any of it be of a pi'ishing nature, they are
desired to improue it to y^ best advantage, vntil the Principals
order appear for further dispose of the said goods, and to be ac-
countable for ye same when called therevnto by authority.
In answer to Norwalk Petition, This Court orders, that y^ in-
habitants there shal attend y^ Law provided as a rule of Rate-
ing for ye future.
It is ordered, that the Magestrates, at al times, and y^ Depu-
ties, when yy are vpon pub: imployment, themselues and their
horses, shalbe ferry-free, in all places within this Colony.
This Court orders, that it shal not be lawful for any in this
CoUony to take away by force or otherwise, without y^ owners
consent, vnd"" p^tenc of debt, y^ corne or other estate from any
Indian, vnles it be by virtue of order from lawful authority.
Whereas Quince Smith complaines of Vncas, that he refuseth
to pay a fine imposed on him by y^ Comi's Court at N. London,
This Court orders, that ye said fine be required and recovered
of Vncas, according to law in such cases. And Mr. Tinker is
desired to haue address to ye Worii Deputy Gou^ that by order
from him some course may be taken by him in the busines.
Wauwequa being in Court, promised to attend Mr. Tinkers
pleasure in ye p^misses.
This Court haueing considered the petition of Mr. Tho:
Wells, respecting Varleet, in answer thervnto, and in explica-
[133] tion of a former act, past about y* case, || doe order.
That Mr. Varleet shalbe repaid by Mr. Thom^ Wells only the
ouerplus that by execution was taken from Varleet, aboue wom-
pom at six pi" penny, w^h amounts to 4/. 06s. 08c? ; and Mr. Var-
leet is freed from paying the 40s. to ye Treasurer, weh was im-
posed on him by former act of ye Court.
The Nanogansets are allowed two months longer then ye
time agreed on, according to their desires, to bring in ye Worn-
pom that yy are assess^^ by ye Com^s to pay to this Jurisdiction.
This order repeal'\ the 31 Octo. '60.
This Court haueing formerly accepted and manifested their
356 PUBLIC RECORDS
acceptance of the access of Jonathan Gilbert, respecting the
sequestration and execution served on Goodhearts estate, doe
not see cause to alter y^ said act. This to be a final issue of
that matter.
The Magestrates are desired to heare and determine the case
of Thorns Greenhils Will, and to settle a way for payment of
debts.
Mr. Treat, Mr. Tho. Wells and Sam" Wels and John Ches-
ter are appointed to administer vnto y^ estate of Mr. Robins, and
to take care to pi'serue it for y^ Relicts.
Its ordered by ye Court respecting Mr. Stow of MiddleTown,
there appeareing such vnsutablenes in their spirits, that Middle-
Town shal haue free liberty to provide for themselues another
able, orthodox and pious minister, as soon as they can, who is
to be approoued by Mr. Warham, Mr. Stone, Mr. Whiting,
takeing in ye help of ye Wor^ Gourn"" and Mr. Willis, w^h
being done, Mr. Stow is to lay downe his preaching there.
The said Towne glueing Mr. Stow Testimoniall L"^^ such as
the Gent: forenamed iudge fit. In ye meane time the Towne
to allow Mr. Stow his vsual stipend, he continueing the exercise
of his ministrey, as formerly.
It is ordered that if any in this Collony shall giue, sell or ex-
chang any horse, mare or colt, thereby to conveigh them out
of this Jurisdict^i, vnles he first enter the marks both naturall
and artificiall, as also the colour and age of ye beast, with ye
Recorder of ye Towne where ye beast was taken vp out of ye
Comons or kept, he shal forfeit Twenty pounds to ye Pub:
Treasury, and ye Recorder is allowed to take sixpence for
euery such record or entrey.
The Magestrates haueing considered the case of John Bissel,
about tradeing liquors to ye Indians, doe adiudge him to pay
(for breaking the Law of this Como wealth) 40/.; the w<=h he is
to pay in two yeares time, in currant countrey pay to ye Pub:
Treasury.
Stephen Taylor is allowed 205. for his trouble and expence
of time about John Bissels case, to be paid him out of ye
Treasury.
It is ordered, yt Wednesday, the 24'^ of this instant, be kept
OF CONNECTICUT. 357
a Publique Thanksgiueing to God, for his mercy, in our Peace,
Plenty, Health and Liberties y* we enioy.
[134] It is ordered, that y^ Ferrey at Niantecut shal from
henceforth belong to y® Farme of c Hon^d Gouernor Jn" Win-
throp Esqf, and, as he shal order, to his Assignes, his Tenants
attending the said Ferrey at all times as is necessary, for a reas-
onable and iust recompenc. Magestrates and y^ Deputies of
y« Court, ferrey-free, according to order.
It is ordered, y* the Comittee formerly chosen to treat with
Capt Cullick, now haueing ripened their treaty to an issue, are
impowered by this Court to prfect writings, and what is requi-
site to be confirmed and signed by y" Court, the Worship^i
Gouerno'' is authorized to act in ye name of the Court, and to
fixe ye scale of y^ Collony thervnto and to deliver the writings
to Cap' Cullick, and to receaue in behalf of y^ Court those wri-
tings yt Capt John Cullick is to deliver vnto this Court.*
The restraint formerly laid on ye estate of George Fenwick
Esq"" is now taken of, and free possession and povi^er of admin-
istration granted vnto Cap' Jn^ Cullick to ye said estate, in
behalf of ye Legatees.
The List of ye Estates p^sented to this Court are, —
Windsor Estate and p^sons, 16274.00 SeaBrook, 05724.00
Hartford, 19512.10 Farmington, 06109.00
Wethersfield, 12399.00 Stratford, 08110.00
Middle Town, 02398.00 Norwalk, 03587.00
The Plantats of Stratford, Fairfield and Norwalk, haueing
failed in transmitting ye List of ye Estates of their Townes ac-
cording to order, This Court orders the Treasurer to pursue
the said order, and to summon ye prsons delinquent to ye Quar-
ter Court in March next, to answer for their transgression
herin.
Mr. Willis and Capt Lord are appointed to audit ye Treasur-
ers accot for ye year past.
The Treasurer and William Wadsworth are appointed to
take in Jeremiah Addams his acco'.
This Court grants a Rate of a penny p"" £. to be levied vpon
ye estate of ye Collony for ye yeare past.
• These ' writings' for a final adjustment of accounts between the Colony and Capt. Cullick,
are recorded on pages 327-329, ante.
358 PUBLIC RECORDS
This Court allowes libertie to ye Treasurer to send forth war-
rants to ye seaside Plantat^: to gather their Rates, in such sea-
son as may p^vent that inconvenience y* vsually falls out in
failing of their payment.
To prvent future inconvenience and vnnecessary trouble yt
may ensue by vnwritten grants, bargaines, sales or morgages,
It is ordered by this Court, that from hencforth all grants, bar-
gaines, sales or morgages of hous and lands, shalbe in writing
and subscribed by the granter with his owne hand or mark,
[135] vnto w^h mark his name shalbe annexed, and also sub-
scribed by two witnesses at least, w^h their owne hands or
markes, vnto W^^ marks their names shal be annexed, & that
noe grant, sale, bargain or morgage shalbe of value but such as
written and subscribed, as abouesaid. It is also ordered, that
the said writing shalbe recorded, according to former order.
And whereas, by former order there is libertie granted for one
Magestrate to commit to prison w^hout baile. That clause is
hereby repealed. And caution giuen in to y^ Recorder shal
secure the intrest of y^ Grantee, vntil a legall triall hath passed
to a finall issue ; vpon w^h issue according to law, the judgm*
of the Court being delivered vnto y^ Recorder, vudc^ the Sec-
retaries hand, shalbe his Warr* to record such grant, bargaine,
sale &c, tho ye Granter refuse to acknowledge the same.
It is also ordered, that a lawful record of any grant, bargaine,
sale or morgage, either in y^ Countrey Book, or in y^ Towne
Records where y^ House and Land lieth, shalbe of equal value
w^h a written deed of any grant : Provided the record (if noe
other written deed be made as abouesaid,) be testified and sub-
scribed by one witnes at least beside y^ Recorder.
Hartford. Session Gen^. March 14. '60.
Jo: Winthrop Esq^ Go:
Jo: Mason Esq"", Dep:
Magestrates: Mr. Clark, Mr. Willis, Mr. Allyn, Mr.
Treat. Sec^: Dan" Clarke.
Dep : C. Rich: Lord, C. Jo: Talcot, Mr. Gailard, Mr. Hen:
Woolcot, Wm. Wadsworth, Jos: Migat, Edw: Griswold,
OF CONNECTICUT. 359
Jo: Deming, Sam: Boreman, Wm. Gutndge, Jo: Kilburn,
Antho: Howkins, Jo: Tinker, Robert Warner, Wm.
Cheny.
M". Wm. Thomson, Jo: Cotton and James Rogers were
made free at this Court.
This Court orders, that ye Heires of Mr. Wells, of Wethers-
field, shal set that part of y^ houseing that Mrs. Wells is to
enioy for her life time, in p^sent repaire ; and Mrs. Wells is to
keep it and to returne it in like repaire.
It is ordered by this Court, that L*^ Hollister, Mr. Chester,
w^h their fellow Townesmen, shal w^^n one weeks time after
the receipt of this ord'', pi'fect the gathering the Rate for Tho:
Lord, by destreint or otherwise together w^^ ye Court charges
respecting the action of Tho: Lord contra L* Hollister, and
for two executions, w^h is thirteen shillings six pence. And in
case of neglect of this order, the Secretary is to send out ex-
ecution vpon ye parties cast in law at ye p^ticuler Court.
The Jurisdiction Power ouer that Land yt Vncus and Waw-
equa haue made ouer to Major Mason is by him surrendered to
this Colony. Neuertheles for ye laying out of those lands to
Farmes or Plantations the Court doth leaue it in ye hands of
Major Mason. It is also ordered and provided \\^^ ye consent
of Maior Mason, That Vncus & Wawequa and their Indians
[136] and successors || shalbe supplied w^'» sufficient planting
ground at all times as ye Court sees cause out of y^ Land. And
ye Maior doth reserue for himself a competency of Land suffi-
cient to make a Farme.*
In answer to Mr. Tinkers Petition, it is desired that Maior
Mason, Goodman Morgan and Vncus or Wawequa, or some
Indian appoined by them, wil veiw the tract of land y' Mr.
Tinker desires, or some other meet for him, not p^uiditial to
others,' and to make report thereof to ye Court.
In referenc to Mr. Rosseters desire respecting Land vpon
Stratford Riuer, at Paugusset, the Court approues of his pur-
chase, accepts it vnd^ this GouernmS and allowes liberty to
purchase one hundred acres more.
It is ordered, y* Mr. Tinker, James Rogers and Mathew
*The informal nature of this surrender to the Colony of the right which Major Mason (as
their agent,) had acquired in the Mohegan lands, gave rise to the celebrated " Mason case,"
which (for nearly seventy years,) occasioned much trouble and expense to the Colony.
360 PUBLIC RECORDS
Griswold shal examine Stebbins acco*^ of N. London, and re-
turne their appi'hensions about it to y<^ next Session.
Jeremiah Adams did resigne all the power of disposeing y^
estate (left by Thomas Greenhill to Goodwife Adams) into his
wiues hands to be wholly at her dispose.
It is ordered that in case any Trooper die or remove, where-
by his place remaines vacant, it is left to y® Comission officers
of ye Troop to accept of such as may be suteable to fill vp the
number that y^ Court allowes ; and such as the officers admit,
to stand firme, vnles y^ Court, either Gen: or P^ticuler, put a
stop to those Troop^'s.
John Tinker hath licence to retayle liquors 'distilled by him,
vntil Octob"", 1662, and to indeauour to suppress others that
shal sell by retaile in ye Towne.
In ye appeale of Robert Reeues in ye case twixt him as p*
contr John White, this Court finds for ye Defendant.
In ye case twixt him as p* contr Wm. Clark, this Court find
for ye Defendant, and if there be any land besides the homelot
that is expresly bought, such land doth apperteine to John Skin-
ners estate.
[137] It is ordered by this Court it shalbe in the power of the
Treasurer, at al times, as cause requires, to issue forth his war-
rant vnto the Constables in ye respectiue Plantations where
any Comissioner or select men shal faile in p^fectingand trans-
mitting the list of Estates according to order, to destreine and
leuy the forfeiture required in ye said order provided in this
case.
This Court doth impose the fine of 205. vpon the Town of
Norwalk, for y^ neglect in transmitting their list according to
order at October Court last.
Receaued by me John Shepherd, of my loving Vnkel Greg-
ory Winterton, Thirty four pounds, w^h he receaued of my
Bro: Thomas Greenhill for lands I sold him, for w^^ I made my
Vnkel a letter of Attourney, I say receaued by me,
Augs*^ 4: 1654. John Shepherd.
Transcribed out of ye originall.
In answer to Simon Lobdels Petition ;
1. This Court admits not a further hearing of ye case.
OF CONNECTICUT. 361
2. Its ordered that ye spatial verdict drawen vp by the P^tic-
uler Court, respecting Simons case ag^t Jared and Hannah
Spencer, shal stand firme to issue that busines.
3. In referenc to y^ just expences mentioned in y^ verdict.
Its ordered that Jared Spencer shal pay vnto Simon Lobdell,
Fiue pounds, besides the Ten pounds mentioned in ye verdict.
All w^h sum of fifteen pounds shalbe paid in wheat and pease
or other estate equivalent : Fiue pounds to be paid by the 10*^
of Aprill, the other Ten pounds according as is specified in y^
spetial verdict. And this is to be a final issue.
Jeremiah Adams acknowledging himself indebted vnto y«
estate of Mr. Hopkins the sum of Twenty pounds wherin Mrs.
Vrsilla Gibdons stands bound w'^ h{fji for ye payment thereof
this Court doth free the said Vrsula from her bond, and doth
sequester the said estate in Jer: his hand, til further order pro-
ceed for ye paym* thereof.
This Court haueing heard and considered the differenc twixt
ye Towne of Middle Town and Mr. Stow, and their allegations
[138] and answers, || doe judg and determine, that ye people of
Middle Town are free from Mr. Stow as their engaged minis-
ter. 2]y. That the people of Middle Town shal giue to Mr.
Stow L^s Testimonial, according as was drawen vp, and pi'sent-
ed by the Worshipfull Gouernc in ye Court. And Mr. Stow
is not infringed of his liberty to preach in Middle Town to
such as will attend him, vntil there be a setled ministrey there.
In reference to former intentions and motions w^h could not
be brought to a ful conclusion for ye manner and meanes to
accomplish the same, til this meeting of ye Generall Court, It
is concluded and declared by this Court, That (as it was form-
erly agreed by those Magestrates and Deputies that then could
be assembled together,) it is our duty and very necessary to
make a speedy address to his Sacred Maiesty, our Soveraigne
Lord Charles the Second, King of England, Scotland, France
and Ireland, to acknowledge our loyalty & allegiance to his
highnes, hereby declareing and professing ourselues, all the In-
habitants of this Colony, to be his Highnes loyall and faythfull
subjects. And doe further conclude it necessary that we should
humbly petition his Maiesty for grace and fauour, and for ye
continuance and confirmation of such privilidges and liberties
32
362 PUBLIC RECORDS
as are necessary for the comfortable and peaceable settlement
of this Colony.
It is ordered, that the Fine hundred pounds that Cap' John
Cullick is to pay to ye Countrey, shalbe kept and improued in
pursueance of our Address to his Highnes our Soveraigne
Lord Charles etc.
Mr. Willis, Mr. AUyn, & Willm Wadsworth are appointed as
a Comittee to meet with Cap' Cullick when he comes vp, to re-
ceaue in such bills as he is to assigne to the Countreys vse.
This Court haueing heard the case respecting Jeremie and
John Adams and Edward Stebbing, respecting the sale of y^
Homelot of Thomas Greenhill, at Hartford, doe sentence and
conclude, that ye said sale of y* lot ly Edward Stebbing to Mr.
[139j Goodwin is a legal sale : the sale being || acknowledg-
ed by Edward Stebbin in open Court.
In answer to ye close of ye Petition respecting Hoccanum
lands, it is ordered, that all ye proprietors of ye wast land shal
appoint a time to lay out ye lots according to ye several grants,
as they haue agreed in Court to doe.
This Court doth grant and order that there shalbe paid vnto
Eltweed Pomry the sum of Ten pounds, out of ye Wompom
yt is come from Narroganset, at six p"" penny, as recompense
for his loss in his Mare.
This Court orders, that in case Sarah North hear not of her hus-
band by thatye seauenthyear be expired, (he haueing bene absent
six, already,) that then she shalbe free from her coniugal bonds..
Its ordered by this Court, that ye people of Middle Town
shal pay vnto Mr. Stow, for his labour in ye ministrey the year
past, 40/. weh is to be paid vnto him by the 10'^^ of April next.
Its ordered, that ye Wompom yt the Comissioni^s ordered to
be paid to Mr. Brewster shalbe deliv^d vnto him out of that
weh came from Narroganset.
It is ordered that ye Secretary shal send down order to Rob'
Chapman to giue power and order to ye new Constable at Sea
Brook to levy the sum of 9/. 6s. Id. vpon William Bushnell,
and likewise y* ye Secretary shal send order to require the said
Bushnell to levy the said 9/. 6s. Id. vpon ye estates of such at
Norridge as are defectiue in their Rates and to p^fect his Acco*
for ye last yeare.
OF CONNECTICUT. 363
The Constables in the y^ respectiue Plantations are hereby
required forthwith to perfect their acco^s respecting the several
levies for y^ Countrey Rates y' are yet imperfect ; and in case
of defect herein aff the lO^i^ of Aprill next, the Treasurer is
ordered to send forth warrants to y^ p^sent Constables to des-
treine the remaind'' of y^ Levy from the Constable defectiue,
also 40s. fine for neglect in attending the Countrey order is to
to be required of and destreined by the Treasurers Warrant
from y^ said Constables.
1140] Whereas, it is wel knowne to y^ Inhabitants and
Churches in these parts that there was a Church orderly gath-
ered at Wethersfield, by y^ full approbation and allowance of
ye Court and Magestrates then in power, and by the consent
and appi'bation of neighbour Churches, and whereas there are
diverse of y^ members of y«= said Church remoued from thence
w^hout any notice giuen to, or allowance and app^bation from
this Court or y^ Magestrates of this Jurisdiction or the Churches
wthin this Jurisdiction or the neighbouring Churches, soe as
the number of y^ members of that Church is lessened thereby,
and vpon that occasion some, through misapp^hension of the
true state of that Church, there still resident and remaineing^
haue taken occasion vniustly to question the station and being
of ye said Church of X*: as some of that Church doe complaine,
and yet none haue charg'^ any offence or irregularity vpon the
said Ch: or their proceed in their Ch: estate ; & wheras the said
Ch: did manifest vnto the former Sess'i of this Court, w'^^' heard
and examined their case openly, the reality and trueth of their
continuance in the same membership, Ch: estate & station as
formerly ; This Court doth therfore hereby declare that y^ said
Ch: is ye true and vndoubted Ch: of Wethersfield, and soe to be
account** and esteemed, for any thing doth yet appeare ; yet this
Court doth also declare that if any just charg be brought in
agaynst them, or any thing be made to appeare that may iustly
disapproue or call in question their Ch: estate before the 14^^
of May next ensueing, and shal orderly declare and regularly
prosecute their charge agaynst them, then ye Court will attend
the hearing of such charge agaynst them and accordingly iudge
of their estate as shal then appeare.
The Magestrates and Assistants in ye respectiue Plantations
364 PUBLIC RECORDS
in this Colony are desired forthwith to call ye Grand Jury men
in their Townes, and to giue them an Oath for y« due discharg
of their worke.
[141] The Com's of N. London is fined 40s. for not trans-
mitting their List of estate, according to order.
It is ordered by this Court, that noe person wtsoeuer in this
Colony, shal directly or indirectly buy or rent any of ye Lands
at Podunk that are laid out and possessed by the Indians there.
And respecting Thomas Burnam, it is allowed and granted vnto
him, that in case the Indians there shal depart from that place
and leaue it, that then the said Thomas, w^^ y® free consent of
ye Indians there, shal improue the Indians lands in ye time of
their absence, W^^ consent of ye Indians shalbe declared before
the Magestrates. Thomas Burnam doth engage to this Court'
that whensoeuer ye Indians desire to returne to*and improue
their lands themselues, he the said Thomas wil freely, readily
and without any trouble, surrend^ ye possession vnto ye Indians
agayne. This liberty to continue til his lease be expired.
It is ordered, that Cap* Lord and the Treasurer shal leuel ac-
counts, and the Treasurer is to pay what is due to Cap* Lord,
w^h dammadges allowed vnto him.
Capt. Cook is required to desist in any further labour on the
lower Farme at Mussaco, vntil the matter be issued at Geni^
Court, in May next.
Wednesday three weeks is appointed a solemne humiliation
to seek the favour of God in ye occasions of ye insueing yeare,
and yt God would direct vs in those waies y* may conduce to
our settlement in peace and privilidges, and y^ peace and truth
may be setled in England.
[142] Court of Election held at Hartford, May 16,
1661.
Magestrates elected :
Jo: Winthrop Esq"", Go:
Jo: Mason Esq^, Dep:
Mr. Henry Clark, Mr. Gould,
Mr. Willis, Mr. Topping,
OF CONNECTICUT. 3G5
Mr. Allyn, Mr. Rainer,
Mr. Phelps, Mr. Baker,
Mr. Treat, Mr. Bond.
Treasurer, John Talcot.
Sec'y Dani^ Clark, et Dep:
JDep: C. Rich: Lord, Mr. Henry Woolcot, Mr. Gaylard,
Wm. Wadsworth, Joseph Migat, John Moore, Sam^i
Welles, Samii Boreman, John Deming Sen"", John Kil-
burne, John Clark Sen"", Math: Campfield, Jehu Burr,
John Banks, Rich: 01mstead,Robt Warner, Nath: White,
James Rogers, Rob' Royce, Antho: Howkins, Thomas
Judd, Phillip Groues, Mr. Haul.
The Freemen voted that y^ Gen^' Court should choose Com*"'
and invest them w'h full power for this year ensueinge:
And likewise that y^ Court should choose Assistants, as need
requires in y^ several Plantations.
Mr. Tinker, Mr. Campfield and Rob' Chapman ai*e chosen
and sworn Assistants.
The Assistant and Com's at New London are desired to take
a strickt care to suppress disorders in that place.
The Gou^nor and Dep: Gou"" are chosen Comissioners for
this yeare ensueing, and Mr. Allyn and Mr. Willis for a re-
serue.
Mr. Allyn is chosen Moderator in absence of y^ Gou"" and
Dep: Go:, both for Gen^ and P^ticuler Courts.
This Court remits 4/. of ye fine of 8/. formerly laid on Wm,
Clark.
This Court hath accepted and doe confirme the conclusion of
ye Comittee respecting the accounts of Georg Tong & John
Stebbin.
This Court remits Ten pound of ye fine imposed on John
Bissell for tradeing Liquors.
This Court hath added 20s. to that w^h the Pniculer Court
allowed to Stephen Taylor out of John Bissells fine.
This Court vnd'"sf.anding the Com^s consent thervnto, doe
accept of ye Plantation of Setauk vnd"" this Gouerm',* vpon
ye same Articles of Confederation as are granted to South-
• " Libertie is granted to the Jurisdiction of Conecticut, to take Huntington and Setaukett, two
English PJantetions on Long Hand, vnder their Gouerinent." [Rec. of U. Colonies, Sept. 1660,1
32*
366 PUBLIC RECORDS
ampton ; and for two yeares doe free y* Plantat: from publ:
charges, nor must they expect the Countrey to be at charg
about them during that time. Mr. Richard Wodhull and Mr.
Thorn s Peirce are chosen by the Court to officiate in ye place
of Magestrates in that Plantat: for y^ yeare ensueing. Mr.
Wodhul sworne.
Mr. Pel and Alexand^" Knowles chosen Assistants for Fair-
field, and in case either of them refuse, Mr. Wm. Hil is chosen
to supply that defect.
[143] This Court doth ord^ that ye bounds of N. London
shalbe measured by the persons that the Court appoints, that
soe they may be regulated according to y^ grant of the Court.
Mathew Griswold, Thomas Tracy and James Morgan are
appointed to try the bounds of N. London, and to make report
what is ye extent of ye bounds from the Sea northward in-
to ye Countrey, on ye east side the Riuer, according to ye ord-
nary way of laying out of bounds in this Colony. N. London
people haue liberty to procure the ablest person they can to
assist in this matter.
This Court hath chosen Wm. Wadsworth, Mr. Campfield and
John Moor as a Comittee to ripen ye case respecting the horses
in controuersy twixt Reynold Marvin and Math: Griswold, for
ye determination of ye Court.
The former ord^ respecting Mr. Jn" Tinker is stil to be at-
tended by him in veiweing a convenient place at or neere Mon-
hegin, to take vp some Land. •
Respecting Mr. Bruens letter for advice, the Courts mind is
to take the matf into furth"" consideration before they giue di-
rection in ye case propounded by him.
In answer to Fairfield Petition, this Court declare their vn-
willingnes to admit a further hearing of ye case twixt Fairfield
& Stratford.
This Court grants Goodwife Lettin liberty to inhabit in Fair-
field, in case that Towne admit her.
Execut" sent to Fairfield for Twenty pounds, according to
ye conclusion of Norwalk Comittee.
This Court remitls 405. of ye fine imposed vpon Nicholas
Palmer & his wife.
This Court approues of ye returne of ye Comittee respecting
OF CONNECTICUT. 367
Math: Griswold and Renold Marvin, and confirm their determi-
nation about the Horses.
This Court grants that the one half of y^ horses in contro-
uersy shalbe devided twixt Math: Griswold and Reynold Mar-
vin equally, and y« other half the Court ord"" to be to y^ Coun-
trey. And its ordered that y^ said company of horses shalbe
[144] lookd vp by Marvin, and that Robert Chapman, 1| John
Clark Sen^, Math: Griswold and Reynold Marvin shal sell the
Horses to make paym* and distribution according to this Order.
Goodm: Marvin is to see y« Horses brought in, that soe this ord""
may be effected. And y^ value of what haue bin sold is to
come into this distribution. And this is to issue that contro-
uersy.
John Banks, Richard Olmstead, and Joseph Judson are ap-
pointed to run the line from South to y^ Northward, twixt Fair-
field and Stratford, to y^ extent of their bounds, and also ye
cross line.
This Court hath remitted fiue pounds of y« fine imposed on
Whelpley, for his lasciviousness.
This Court repeales y^ ordi" for paying the Indians for such
Wolues as they kill or steale.
Respecting Cap* Aaron Cooks grant at Mussaco, This Court
doth iudg the grant stil in force, and doe order that he shal be-
gin next ye Falls and take meadow, good and bad, w^hout ex-
ception, except vplands, w<=h are not intended in ye grant.
In reference to ye Address drawn vp by c Gou^nor, This
Court doth order that ye said Draft as it is now drawen vp and
formed and pi'sented to ye Court, shalbe sent and p^sented to
his Highnes o"^ Soveraigne Lord and King Charles ye 2^ etc., in
case the Comittee chose to pi'vse and compleat ye said Address
see not cause to make any alteration therein, to whom it is fully
left to compile or methodize the Instrument as they iudge
most convenient, provided ye substance be stil attended and
reteined.
The Comittee chosen to compleat ye Address and draw vp
the Petition to his Ma^'e or any other L^s to any noble p^sona-
ges in England, and al other matters respecting c address. Pe-
tition or Patent, are as follow : John Winthrop Esq^ C Gour ;
368 PUBLIC RECORDS
Also, ye Dep: Gou^, Mr. Willis, Mr. Allin, Mr. Warham, Mn
Stone, Mr. Hooker, Mr. Whiting and ye Secretary.
It is agreed between Cap* Topping, Mr. Halsey, Mr. Stan-
bourough and John Coop^ in behalf of all of Southampton
[145] vnsatisfied about their bounds, || and Mr. Baker and Mr.
Mulford, in behalf of ye Towne of East Hampton, That y«
bounds between the two Plantations shal for euer be and re-
maine at the stake set down by Capt: How, an hundred pole
eastward from a little pond, the said stake being two miles or
near thereabouts from ye east side of a great pond comonly
called Sackaponock ; and soe to run from ye South Sea to the
stake, and soe ouer the Island by a strait line to ye easterne end
of Hogneck, according to ye true intent and purpose of what is
expressed in the grant and deed subscribed and allowed by Mr.
James Forret, Agent for ye Right Hoi'ie Earle of Sterling. It
is further to be vnd''stood that what agreem* is here made doth
noe way intrench vpon any of ye rights, privilidges or irnunities
conferd vpon Southampton by their Patent purchased of the
aforesaid James Forret. It is further concluded that ye lands
on the west side the stake forementioned shalbe and remaine to
Southampton for euer, and ye land on ye east side ye stake,
being the greater part of ye Plaine, to be and belong to ye Plan-
tation of East Hampton foreuer. And this to stand as a final
conclusion respecting the bounds twixt those two Plantations.
It is ordered, that ye Towne of East Hampton shal pay vnto
ye Capt Topping and his copartners, towards their charges in
transacting this case at this Court, the sum of 20 Nobles.
This Court is adiourned til ye last Wednesday in Aug^t next.
Postscript.
This Court doth desire and authorize o^" Wor'i Gouerno''
(who speedily intends a voyage to England,) to agitate and
transact the affairs of this Colony in reference to o"" Address
& Petition to his Ma^ie, or respecting o^ Pattent, according as he
shall receaue further instructions from the Comittee appointed
to compleat those matfs, takeing in the advice and counsell
and consent of such Gentlemen and freinds as may be excited
and procured to be actiue w'^ him in and about the premisses.
of connecticut, 369
[146] Hartford. Session Gen'^ June 7*: 61.
Jo: Winthrop Esqr, Go:
Magestrates: Mr. Willis, Mr. AUyn, Mr. Phelps, Mr.
Treat.
Sed"; Danii Clark.
Dep: C. Rich: Lord, C. Jn" Talcot, Henry Woolcot,
Wm. Gaylard, Wm. Wadsworth, Joseph Migat, Jo: Dem-
ing, Samii Wells, Sam^i Boreman, Tho: Judd, Antho:
Howkins, Rob^: Warner, Nath'i White, James Rogers.
This Court haueing considered the Address and Petition
compleated by the Comittee, to be sent and pi'sented to his
Matie, o"" Soveraigne Lord Charles the 2d, and also the Instruc-
tions drawen vp for o"" Wor^i Gouernc, Agent for this Colony
in ye prmisses, doe approue of that w^h ye Comittee hath done.
And doe further add to y^ Instructions, that they doe leaue y«
matfs respecting any Li's that may be found necessary to be
directed to any other Nobles or Gent: who may be stirred vp to
be helpful in promoteing the Address, Petition or Pattent, be-
sides them that are nominated in the Instructions, to o'' Wor'i
Gouern""; and as he shal see cause, to draw vp, and in y^ name
of the Colony to subscribe, scale and deliuer such L^s, and to
draw vp and pi'sent any further Petition in behalf of this Colony,
to his Ma^ie, as may be found necessary.
It is ordered by this Court, that c Wor^i Gouernr shalbe
allowed out of the Treasurie, for this ensuing yeare, the sum of
Eighty pounds. And in reference to his intended voiage to
England, if his purpose and resolution doe stil continue to goe,
in regard this Court hath made choice of his worsP to be an
Agent to further our welfare, in p^senting o'' Address & Peti-
tion to ye Kings Maiestie, and to improue his abilities to pro-
cure vs a Pattent, This Court doth hereby order and enact, that
whateuer charges or expenses the attendance on those affaires
of this Colony shall require in England, shalbe defraied out of
that 500/. that is by ord^ of Court appointed and set apart for
yt service.
This Court doth desire and appoint Capt. Lord, Mr. Henry
Woolcot, John AUyn, Will™ Wadsworth, or a maior part of
them, w'h ye advice of Mr. Math: Allyn, to order and dispose of
ye pay that is to come to ye Col: from Cap'. John CuUick, soe
370 PUBLICRECORDS
as yt it may answer such Bills as may be charged on this Col:
by o"" Wor^i Gouernor or his order, in pursuance of our Pattent,
in England.
[147] The Treasurer is appointed to signe y^ h^ of Credit,
whereby the Gouerno'" may be authorized to charge Bills on y^
Colony to y^ value of 500Z. according to former act of y^ Court.
The Treasurer is to giue order to y^ Comittee for y^ delivery of
pay when Bills are charged.
The Secretary is ordered to subscribe in y« name of y^ Court,
the Address, Petition and Letters to y^ Nobles and to y« Cor-
poration, and deliuer to y Gouernour coppies of y^ same ; and
in case it be iudged expedient the Gouernour is desired to sub-
scribe y« Address and Petition.*
Eltweed Pomrey hath receaued the 10/. in Wompom, from
ye Gouerno', that the Court formerly granted him.
Session, June 8: 61.
This Court takeing into consideration ye estate y* is in John
Coles improuemS y* formerly belonged to Edward Hopkins
Esqr, Doe order, that ye Treasurer shal require and take into
his custody and improuement the rent of that house and land at
Hartford, from John Cole, and to be accountable for it when ye
Court cals him thervnto. And likewise for Willra Hills farme,
ye same order is to be attended.
The Treasurer and Will'" Wads worth are desired to acquaint
John Cole that ye Court expects that he continue in ye improue-
ment of ye Farme according to his Lease ; and its left w^h
them to informe him that ye Court desires and are ready to in-
courage him in this busines for ye future.
[148] Hartford. Session, AuG^t 17: 61,
Majr Jo: Mason Esq^, D: Go:
Magestrates : Mr. Allyn, Mr. Phelps, Mr. Treat.
Secrefy; Danli Clark.
• The Instructions to Gov. Winthrop, Letter to the Earl of Manchester, (as is supposed,) and
a copy of the Address, will be found in the Appendix, No. X. The Petition, and a Letter to
Lord Say & Sele, have been already printed in Trumbull's History of Connecticut, Vol. i., Ap-
pendix, Nos. vn. & viii.
OF CONNECTICUT. 371
Deputies : C. Jo: Talcot, W^ Wadsworth, Joseph Migat,
Samii Wells, John Moor, Jo: Deming Sen:, Tho: Judd,
Antho: Howkins, Sam: Boreman, John Kilburn, Rob'
Warner, Nathan'i White, Mr. Henry Woolcot.
This Court doth order that it shalbe comended to y^ consid-
eration ofy« Com^s that an order may be established, Thatnoe
Indians w^euer shal attempt any hostile act, or wage or carry
on any warr within y^ limits of y^ several Colonies or Planta-
tions, but shal first make y^ justice of their cause appear to y®
Authority of y^ Colony wherin the Indians Hue, and haue liberty
from ye Authority of ye Colonic to proceed on in their warr :
And in case the Indians doe violate y^ Com^s former order,
in hostile attempts as before, or in marching throw ye Townes
wth armes, what fine or punishment is to be inflicted on offend-
ers, and how we may act in opposeing Indians or pursueing de-
linquents.
This Court doth appoint Maior Mason, Mr. Allyn, Wm.
Wadsworth, C. Jo: Talcot, Joseph Migat, as a Comittee, to
whom it is left to settle Podunk Indians in that place, vpon
righteous and honerable termes ; as also to indeauour to settle
Farmington Indians, and to purge out strangers from them.
And to enioyne both Podunk and Farmington Indians to cease
their warr and not to entertein strangi's, and also to require ye
Captiues.
[149] Hartford. Session Gen'I AuG^t 28: 61.
Mr. Allyn, Moderate^.
Magestrates : Mr. Phelps, Mr. Treat.
Dep : C. Jo: Talcot, Dan^' Clark, et Sec'', Mr. Gaylard,
Wm. Wadsworth, John Moore, Joseph Migat, Sam^i
Welles, John Deming, Sam^^ Boreman, Anthony How-
kins, Thomas Judd.
In reference to ye case depending twixt Caspar Varleet, by
way of appeale, contr Edward Palmes, This Court doth deter-
mine. That Caspar Varleet shal forthwith make satisfaction to
Mr. Palmes for what is vnpaid of ye Bill in Cattle, w^^ 81. 6s.
6d. for damadge, with charges. And in case Caspar Varleet
372 PUBLIC RECORDS
doe not satisfie according to this order, This Court grants
execution to be dehvered vpon y^ estate of Varleets that hes
vnd'' Attachm*, and L* Thomas Bull, Mr. Jos: Wellard and
James Steel are appointed to apprize the estate that Mr. Palmes
doth receaue from Mr. Varleet ; and if any of these three fayle,
Thomas is to supply his roome.
This Court hath granted to Jonathan Gilbert a farme, to ye
numb"^ of 300 Acres of vpland and 50 Acres of meadow, pro-
vided it be not preiuditiall where he finds it to any Plantat" yt
now is, or hereafter may be setled.
The Court hath granted vnto Mr. Math: Allyn, 400 Acr^ of
vpland and 100 A-cr^ of meadow, where he can find it w^^^in
Conect: liberties, vpon ye same termes as to Jonatha Gilbert.
[150] Hartford: At a Gen^' Session : Ocxo^r 3 : 61.
Maior Mason, D: Go:
Magestrates: Mr. Willis, Mr. Allyn, Mr. Phelps, Mr.
Treat.
Sec'', Danii Clark, et Dep :
Deput : C. John Talcot, Lt Hollister, Lt Jo: Allyn, Mr.
Gaylard, L* Walter Filer, Joseph Migat, John Moor,
John Deming, Sam^^ Wells, Sam^i Boreman, Antho:
Howkins, Tho: Judd, Rob* Chapman, John Clarke,
James Morgan, James Avery, Walter Hoit, Joseph Jud-
son, Nathii White, Robert Warner, Phillip Groues, Mr.
Hill, Thomas Staples.
This Court orders, that it may be comended to y^ considera-
tion of ye Freemen the great cost and burthen yt lies vpon this
CoUony by the great number of Deputies that attend ye Gen^i
Courts ; and if it seeme good to ye Freemen it is desired y* ye
number may be lessened one halfe in each Towne in this Colo-
ny. And likewise, in case any occasion necessitate the calling
together ye Gen^i Court at such season that may be praeiudiciall
for the remoter Townes to send their Deputies, that then it may
remaine and be in ye power and liberty of these neighbouring
Townes on ye Riuer, by their Deputies or a major part of them,
w^Ji soe many Magestrates as ye law requires, to keep Court,
OF CONNECTICUT. 373
y^ with full power and authority as if the Deputies of y^ severall
Elantations were p''sent altogether.
This Court doth hereby manifest their complianc and consent
that ye Comision Court shalbe held but once in three yeares, in
ye ordnary course: and y^ Secretary is ordered to certifie this
order to y^ Comi^s at y next meeting.
There is a Levy of a penny p'' £ ordered to be raised vpon
ye estate of y^ whole Colony.
Next Wednesday come fortnight is appointed to be kept a
solemne Thanksgiueing throwout the Colony, for Gods merceys
in ye remaineing fruits of ye earth, and for o"^ peace, and that
God is pleased to free vs from y^ mortality y' ye Plantat^ haue
bin afflicted with.
Those that are nominated to be put to election for Mages-
trates, at the Gen^i Court in May next, are C. John Talcot,
Sec Danii Clark, L' Jo: Allyn, Mr. Henry Woolcot.
This Court haueing heard and considered the busines respect-
ing Mr. Varleets Still and Worm, w^h ye head, yt was destreined
for Mr. Palmes his debt, doe see cause to order, that ye said
[151] Still etc, be sequestred in ye Marshalls hand or custody,
for ye space of three weeks, during w<=^ time it shalbe lawful!
and at ye liberty of Mr. Varleet to redeem the Still, by paying
the debt to Mr. Palmes or ye Marshall, wt^ all such charges as
haue bene occasioned by executions laid on the Still. And if
Caspar Varleet doe not redeem it, or any man elce, in that
time, pay more for it then what is due to Mr. Palmes, then ye
Still etc. is to be delivered to Mr. Palmes, and he to defray the
said charges.
The list of Estate andp^'sons p^'sented to this Court: —
Hartford,
£11)512.
0.
0.
Wethersfield, 11955.
0.
0.
Windsor,
15902.
0.
0.
Stratford, 8596.
0.
0.
Sea Brook,
05583.
0.
0.
Nor walk, 3527.
10.
0.
Farmington,
06240.
0.
0.
Middle Towne, 2399.
0.
0.
Fairfield,
10423.
4.
0.
This Court doth ord"" and appoint Mr. Gould, Mr. Sherman,
Mr. Knowles, Mr. Campfield or any three of them, provided Mr.
Gould be one, to examine and issue ye busines respecting Joseph
Jeames and Marcy Holbridge and to inflict such punishm^ as
they iudge meet according to law.
33
374 PUBLIC RECORDS
This Court dolh confirme and establish ye act of ye Comittee
at N. London,* respecting ye east line and lands disposed and
to be disposed of; one pniculer whereof is yt such land as lies
abutteing vpon ye line already disposed to men, shalbe and be-
long to them, though it lye w^^hout ye line.
This Court haueing heard and considered y« contumelies car-
riage of Mr. Varleet against ye Magestrates, and affront to ye
Countries officer in execution of his office, doe fine him 10/. to
be paid by him to ye Treasurer.
The Worii D: Gouern'", C. Jo: Talcot and Lt John Allyn are
appointed and requested to goe to N. London to ioyne w'^ ye
[152] Assistant and Com^s there || in keeping Court Pert^: and
ye Dep: Gou"": is to appoint ye time.
It is ordered that the Assistants in this Colony, w^Hn their
respectiue limits shal haue ye power of one Magestrate vntily®
Gen^i Court in May next.
This Court orders ye Secretary to write a Letter to Nor-
ridge, to send vp a Comittee in May next, invested w^^ f^\\
[poioerl to issue ye affair respecting setling that Plantation ynd""
this Gouerment.
The Will and Testam^ of Edward Hopkins Esq', being
pfsented to this Court, legally attested, is accepted as authen-
tick :
This Court doth likewise order and impower Edward Steb-
bing and L^ Thomas Bull to take ye manadgm* of ye estate of
Mr. Hopkins, deceased, into their hands and the gathei'ing in
ye debts due to ye estate and to be accountable to ye Court for
ye same when called therevnto.
Vpon a proposition p^'sented from Mr. Goodwin, in reference
to ye legacy belonging to this Colony, by the last Will of Mr.
Hopkins,t and whereas there was, by a writeing, a tendr of
* [In the margin ;J " ]7 May, '55."
t Mr. Hopkins, by his will executed Mar. 17th, 1657-8, ("after severall legacies therein be-
queathed out of his estate in New England) gave and bequeathed the residue of his estate
there, to his father Thenphilus Eaton Esq., Master John Davenport, Mr. John CuUick and Mr.
William Goodwin, in full assurance of their trust and faithfulnes in disposing of it according to
the true intent and purpose of him the said Edward Hopkins, which was, to give some incour-
agement in those forraigne Plantacons for the breeding up of hopefull youths in a way of learn-
ing, both at the Grammar Schoole andCoUodge, for the publique service of the Country in future
tymes." [Power of Attorney from Henry Dalley, Mr. Hopkins' executor, to the trustees ; in
"Colleges & Schools," Vol. i. No. l.l In addition to this bequest, (estimated at about XIOOO,)
OF CONNECTICUT. 375
350?. to this Colony, out of that estate ; This Court doth declare
that they doe not reiect the tender. And further, this Court
doth appoint Major Mason, Mr. Mathew AUyn, Mr. Willis and
Capt John Talcot, as a Comittee to treat w^h ye Trustees of
Mr. Hopkins estate about y" foresaid legacy, and what y" maior
part of those y* meet doe conclude, shal stand as an issue of that
busines. And y*"- Secretary is to write a letf to y<^ Trustees to
appoint time and place of meeting.
C. John Talcot hath liberty granted to him to retaile liquors
provided he attend y^ ord^s of ye Countrey therin.
Robt Chapman and Mathew Griswold are appointed to lay
out Mr. Allyns Farm according to y^ conditions of y^ Grant.
Wm. Prat is established Lieutenat to y^ Band at SeaBrook ;
Wm. Waller, Ensigne ; Wm. Bushnel & Reynold Marvin*
Sergeants.
[153] Robert Chapman and John Clark Sen^ are appointed
to require Reynold Marvin and Math: Griswold to bring in y^
horses soe ordered for the Countrey, and to require y^ pay for
what are sold, and this to be effected by ye first of Decemb''
next, and to inquire after y^ number of them, and to make re-
turne to y^ Court in Decemb"^ what is done herein.
It is ordered, that y^ Indians y' liue neer ye Townes on ye
Riuer haue free liberty to carry their guns, throw y^ English
Townes, provided they are not aboue 10 men in company.
This liberty is granted to Tunxis Indians. Former restreints
are repealed.
Will"» Wads worth and Rich""*! Butler are to iudge of that
Beef yt Varleet doth pay to redeeme y^ Still, whether Mer-
chantable or noe, and Joseph Smith to gadge y^ cask.
Mr. H. gave from his estate in England, the sum of £500, in further prosecution of "the afore-
said publick ends," " for the upholding and promoting the kingdom of the Lord Jesus Christ in
those parts of the earth." This latter sum was considered to belong to Harvard College, and
was paid to that institution, under a decree in chancery, in 1710.
The proceeds of the estate in N. England were appropriated by the trustees to the support of
Grammar schools in Hartford, New Haven and Hadley.
A letter from Mr. Goodwin, (in the name 6f the trustees,) to the General Court, in reply to one
received from the Secretary requesting tha appointment of a time and place of meeting, will be
found in the Appendix, No. VHI. [See Savage's Wuith. Journal, I. 228, JVote; Trumbull's H. of
Conn. I. 232.]
376 public records
[154] At a Session of the _Gen11 Court, at Hartford,
March 13: 61-62.
This Court hauing read and considered the Petition of Bridget
Baxter, in reference to her husbands deserting her and her de-
sire to be divorced from him, doe ordr Mr. Gould, Mr. Sherman
and Mr. Wm. Hill to examine the letter that ye said Baxter sent
to his wife in England, and to compare the said writeing wth
other of his writeings ; and in case they find a true & full con-
currence in the said hand writeing, that to their judgm^s it ap-
peare to be his writeing, then to declare vnto y^ said Bridget
that this Court hath and hereby doth free her from her coniu-
gall bond to her husband Baxter.
It is ordered, that forty fiue shillings in ye Marshals hands, of
Varleets, shalbe a full discharge of ye remainder of his Ten
pounds fine to ye Countrey, weh ye Marshal is to discharge to
ye Countrey and Mr. Palmes to him.
This Court duely and w^^ serious deliberation, haueing
weighed and considered the nature of the offence of Mr. John
Blackleich in his contemptuous expressions against severall
p''sons in authority in this Colony, doe declare, that though the
hainousnes of ye transgression deserues a fine of an hundred
pounds, yet also considering some weaknes that too evidently
appeares that he is incid* vnto, this Court doth impose the fine
of Thirty pounds to be paid by the said Mr. Blackleich to ye
publique Treasury.
This Court haue established the line of Farmington to extend
to ye mouth of ye Brook at Nod Meadow, at ye northerne end
towards Mussaco, and there to be ye devident bounds twixt
[155] that plantation and their neighb[ours] at Mussaco, and
there to run east and west, to devide twixt both parties.
This Court hath granted vnto Anthony Howkins and Thomas
Judd 400 Acres of land betwixt them, whereof 80 Acr^ of
Meadow, if it may be found where it may not p^iudice any
Plantation y* now is, or hereafter may be setled.
There is also granted vnto C. John Talcot and L* Jo: AUyn,
600 Acr*^ of vpland and 100 Acr^ of meadow, to be equally de-
vided between them.
There is also granted vnto ye SeCy Daniel Clark and John
Moor, the number of 400 Acr^ of land, vpon ye forementioned
OF CONNECTICUT. 377
termes, whereof 80 Acres of Meadow, w^h is to be devided be-
tween them, and if it cannot be found together they haue Ub-
erty to seek it out severally.
There is granted vnto Mr. Willys, 200 Acres of land, whereof
50 Acrs to be Meadow land, vpon ye forementioned termes.
[In the Margin ;] C: Lord hath granted from the Court,
350 Acres of vpland & 50 Acres of meadowe, if it : This 1
find in the Records of this Court, March 13, 61-62, though it
be not recorded in their acts in this Booke. As I atest this
nth of Sepf. '67. John Allyn, Secrefy.
Mr. Phelps, Mr. Gaylard, Jo: Bissell Senr, Sam" Steell, Lt
Hollister, John Wadsworth, doe propound to y^ Court for
lands.
This Court grants vnto Jeremiah Adams, 300 Acr^ of vpland
and 40 Acr^ of meadow, in the place where he kept cattle last
winter, going to Monhegin ; and in case there be a plantation
there setled, he is to haue a double portion according to his es-
tate out of this land now granted ; the rest he is to surrend'' to
ye Towne.
This Court sees cause to repeale the former order respecting
allowance for wolues, and y* each Towne shal pay for ye
wolues that are killed in their limits the sum of Fifteen shillings
pf wolfe.
This Court orders, that ye salery for Daniel Porter shalbe
paid yearly, out of ye Treasury.
[156] This Court orders, that for future, the leath' sealers in
this Colony shal haue allowed vnto them for each Dicker of
Leather they scale, 18d. and for half a Dicker, 12d. and 4d. a
hide, for single hides.
This Court declares, that they accept the Towne of Hunting-
ton, on Long Island, vnd'' this Gouernmt, And Mr. Willys,
and Capt: Lord are appointed to returne an answer to their
Letter.
This Court, vppon further consideration of the frame of ye
matter respecting Mr. John Blackleich, and obserueing that
there is too much appearance of preiudice in ye testimonies
that haue bene p^sented, and how indirect the course was
wherby any thing was discouered, i. e. by lying in wait, can-
not but see iust cause to acquit Mr. Jo: Blackleich of that fine
33*
378 PUBLIC REC0RD8
imposed, there appearing reason to suspect that both Loveridge
and Burnam are guilty of y^ crinfie they testifie against Mr.
Blackleich.
It is granted and ordered by this Court, vpon the motion and
desire of Jeremiah Adams, that ye house that the said Jer: doth
now possess and improue for an Ordnary, or house of comon en-
terteinment, shalbe and remaine for the same end and vse and
occupation for the future, both to ye said Jeremie and his suc-
cessors, provided as hereafter is expressed :
1. That ye said Jeremie, his heires and successors, carry on
this worke, by such pi'son or p^sons inhabiteing in ye said house
as shalbe to ye good likeing and approbation of ye Gen^i Court
from time to time.
2. That ye said house be fitted and made capable to giue suf-
ficient enterteinment as need and occasion shal require, both
to neighbours and Strang rs.
[157] 3. That there be at all times necessary & comfortable
accommodation and provision made for enterteinment of Trav-
ellers with horse and otherwise, and that both respecting wine
and liquors and other provision for food and comfortable re-
freshing both for man and beast.
4. It is ordered, that if Jer: Adams shall not attend his agree-
ment in attending the provision made in ye foregoing Articles,
he shal not forfeit his licence, but shalbe liable to be censured
by the Court as they shaljudg most suteable.
At a Court of Election held at Hartford, May 15, 1662.
Magestrates Elected :
Jo: Winthrop Esq'', Gouernr,
Jo: Mason Esq^, Dep:
Mr. Math: Allyn, Moderaf. C. Jo: Talcot, et Treas:
Mr. Willys, Lt Jo: Allyn,
Mr. Phelps, Danii Clarke, et Sec';
Mr. Treat, Mr. Henry Woolcot.
Mr. Gould,
Deputies : Wm. Wads worth, Joseph Migat, Mr. Thomas
Wells, Mr. Fitch, C. Benjam: Nubery, Will™ Gaylard,
John Moore, Edw: Griswold, Sam^' Boreman, John Not,
OF CONNECTICUT. 379
Wm. Goodrich, John Kilburn, Nathan^ White, Will™
Keny, Math: Campfield, Richard Olmstead, Joseph Jud-
son, Isaack Nichols, James Rogers, Sam'i Smith, Rob*
Chapman, John Clark, Anthony Howkins, Thomas
Judd.
[158] The Freemen haue referred the choice of the Comis-
sioners vnto y^ Gen^i Court. O"" Wor'i Gouernor and Mr.
Willys are chosen Com""* for this yeare ensueing, and Cap*
John Talcot and Dan'i Clark are chosen for reserues.
It is ordered by this Court, that whosoeuer for the future shal
complaine of and prosecute to effect in a legal way, any pound-
breach or rescue, and proue the same, he or they shalbe paid
one quarter part of the fine that by the Lawes of this Colony
are imposed vpon delinquents that are iudged by the Court y*
heares y^ case to be transgressors of any of the said Orders.
This Court doth set at liberty the transportation of Come.
This Court hath granted the Petition from Huntington, and
doe confirme Jonas Wood and Thomas Benedick according to
their desire, who are impowred to act in point of Gouerment
according to y^ liberties granted to that Towne by this Court ;
And the Secretary is to giue them a Coppy of y^ Articles with
Southampton, vpon w^h termes they are accepted.
The names of the Grand Jury : WilH Wadsworth, Tho:
Bull, Deacon Butler, John Moore, Tho: Ford, Ed: Griswold^
Anthony Howkins, Tho: Judd, John Kilburn, Sam'' Boreman,
Will'" Gutrich, Nath: White.
Bridget Baxter is by the authority of this Court, vpon good
consideration and solid reasons and evidenc, freed from her con-
iugall bond to her husband Thomas Baxter ; and whereas the
estate that her husband Baxter left with her is sold to pay debts,
all excepting a bed and her wearing aparell. This Court doth
[159] prohibit all and every of the creditors to y^ said estate for
seizing, extending or any way troubleing y^ remainder, vntil y«
Court see cause to y^ contrary.
This Court doth release the Com^ of New London from his
fine respecting y^ list of estates.
This Court vnd ''standing that several vessels are brought in
to ye Ports and Harbours apperteineing to this Colony and vnd^
a pi'tenc of attending the Proclamation sent forth from his Ma*'®
380 PUBLIC RECORDS
C vSoveraigne or the Parliam* of England, respecting the trans-
porteing of Tobacco to forreigne nations, and in stead of pay-
ing the customes imposed, doe in a clandestine way defeat the
law and steale y^ custome, and some haue denied to pay any
custome, It is therfore ordered by this Com-t, that whateuer
Tobacco is landed in this Colony, there shalbe paid by the Mas-
ter of the said Vessell, or Merchant importer of ye said To-
bacco, vnto the Custome Master of y^ place where the vessell
is brought in, for eVy Hogshead, 255^. or 2d. p^^ lb. w°h sum
according to y^ Law of England shalbe pJ'sently discharged, or
otherwise, sufficient security shalbe giuen for y^ payment thereof
w^^'m. 9 months, otherwise there shalbe noe certificate granted
from Authority, respecting the landing of y^ said goods.
The Tovvne of Huntington, on y^ Island, is freed from pub-
lique charges, for y^ space of two yeares from this pi'sent time.
Mr. Jonas Wood is appointed Custome Master wt^in and for y^
Towne of Huntington.
It is ordered that all the Townes vpon the maine, that are or
shalbe vnited to this Gouerment after the publication hereof,
shalbe fully compi'hended in ye Order respecting the way and
manner of rateinge and raising Countrey Levies.
[160] This Court considering the Petition of Job Drake, re-
specting the Colt now in the Countreyes possession, formerly
handled in y^ p'ticuler Court, the said Job p^tending further
evidence to clear his title to y^ Colt, Doe therfore appoint and
desire Mr. Thomas Wells, Mr. Wadsworth, Mr. Jos: Fitch and
Edward Griswold, to heare and consider what Job Drake hath
to declare about the colt, and accordingly to determine the
matf twixt y^ said Job Drake and y^ Countrey.
The petition of Mr. Joseph Heines being read and considered,
respecting a grant of 1000 Acr^ of Land to his Honc^ father
in ye Pequot Countrey, This Court orders that ye said grant
shalbe fulfilled before any later or further grants be attended or
laid out in that part of the Countrey.
This Court graunteth to Mr. Joseph Heines 300 Acr^ of
Land for a Farme, where it may be found not pi'ludiceing a
Plantation in being, or that may be, whereof 50 Acr^ to be
mead: land if it can be found.
OF CONNECTICUT. 381
The Assistants in y^ severall Plantations are by this Court
estabUshed in their respectiue places, for y^ yeare ensueing.
This Court orders, that the Bible that was sent to Goodwife
Williams be by Serg* John Not delivered to Goodwife Harrison,
who engageth to this Court to giue vnto ye children of y^ said
Williams, a bushel of Wheat a peice, as they shal come out of
their time. And John Not doth engage to giue each of y^ chil-
di^n 2 shillings a piece as they come out of their time, to buy
them Bibles ; and John Not hath hereby power granted him as
is ordered, to dispose of y^ rest ofy® books, to y<^ children of y^
said Williams.
This Court considering the state of the Troop listed by the
Countreyes approbation, and y^ inconvenience of their meeting
in one body, from ye severall Townes, and vnnecessary expence
of time to noe profit, Doe therfore order, that y^ listed Troop-
[161] ers shall haue || liberty to attend their exercise wt^in ye
Plantations where they are resident, w^^ their owne foot com-
pany ; vpon weh consideration their allowance of six shillings
eight pence p"" Trooper is taken of, only the officers for their
incouragment are allowed their salery. It is also ordered, that
the Troopers in ye respectiue Townes shall attend and obserue
the comand of such officers of y® Cavalrey as are cohabiting w^^
them in ye Town where they exercise, except any superior offi-
cer of ye Troop shalbe pi'sent at ye exercise. And notw^'J-
standing this order, they are to be accounted as one inlire Troop
consisting of severall parts, who are to vnite and attend ye
Generall Traineing, as one intire body of Horse.
It is ordered, ihat for each petition that is p^sented to ye Gen-
erall Court, at any Session thereof, there shalbe paid by the pe-
titioner, or him that p'sents the same, the sum of lOsh. to y®
publique Treasury, w^h shalbe satisfied before the Petition be
admitted to be read.
In regard it is found by experience that there is great neglect
in veiwinge Generall fences, according to order ; It is therfore
ordered by this Court, that in every Town in this Colony, there
shalbe yearly chosen two men, who shalbe sworne to a due p""-
formance of ye work of veiweing fence, and whosoeuer is cho-
sen to ye office of fence veiweing and shal refuse or neglect to
attend it, shal pay twenty shilling to ye Town Treasury, vnles
382 PUBLIC RECORDS
it appeareth to some one Magestrate that y^ said party be op-
pressed by the choice, and others vnjustly exempted. And it is
likwise ordered, that y^ said sworn fence veiwers shal haue
power to fine neglects in fenceing, and to require and levy the
same, and to deliuer it to y^ Townsmen for y^ Towns vse where
they hue.
[162] This Court grants liberty to y^ Marshall, Jonathan Gil-
bert, to keep an Ordnary at his house, at Cold Spring, for re-
leiueing of Travellers, according to their needs.
This Court desires and appoint the Magestrates of Hartford
to agree w^^ a sutable man in Hartford to sel wine by retaile
out of doors, at as good a rate as they can.
This Court doe impower Mr. Obadiah Bruen, of N. London,
to take Oaths and grant Warrants, in ye Towne of N, London,
as occasion requires.
This Court, vnderstanding that there is much preiudice like
to ensue to this Colony, by conveighing Tannd Leather out of
this Colony, It ^is therfore ordered, that after y^ publication
hereof, what pt'son soeuer in this Colony shal transport any
Hides that are tan'd either for soles or vpper leather, out of this
Jurisdiction, w'^out spetiall order from y^ Court of Magestrates,
he shal forfeit y^ hide or hides or y^ value of them, one third
part to ye complain^, the rest to y^ Publique Treasury.
There is liberty granted for ye Town of Huntington to ap-
peale in civil actions, to ye Courts held at Fairfield or Stratford
for further triall.
This Court, vpon consideration of Mr. Tinkers incouragm^^
in his place and imployment, doe order Twelue pounds to be
paid to him by the Treasurer out of ye fines imposed on Mor-
ton Haughton & Mr. Thomson.
[163] Session GenII. Hartford, July 22, 62.
Magestrates :
Mr. Allyn, Moderator.
Mr. Willys, Mr. Treat, Mr. Talcot, Mr. Allyn, Jun^,
DanH Clark, et Sec\
OF CONNECTICUT. 383
Dep : Mr. Nubery, Will™ Wads worth, Mr. Tho: Wells,
Joseph Migat, Joseph Fitch, Edw: Griswold, Tho: Judd,
Jo. Kilburn, Jo: Not, Sam^i Boreman, Will«i Keny.
This Court, duely considering the state of this Colony, and
espetially the Plantations situate on the Riuer, and iudgeing it
very necessary and tending to y« furtherance of o"" pi'sent con-
dition and comfort. Doe order, that after the publication hereof,
noe person shal transport and conveigh away out of this River,
any Corn or provision from any Plantation w^^in c liberties
situate on this Riuer, vpon penalty of forfeiting the said Corne
or provision or y« value thereof, one 4'^ part to y« complainer,
the rest to y^ Publique Treasu[ry.] The Custome masters in
each Towne are required and hereby authorized to make dili-
gent search to discouer the transgression of this order. Provi-
ded, that this order extends not to any corn or provision y*
shalbe transported by order from y« Treasurer, for any pub-
lique concernments respecting this Colony.
This Court doth appoint Sam: Boreman and Serg* Not to
giue notice to those men in Wethersfield that are indebted to ye
Countrey in behalf of Capt. CuUick, and likewise C. Beniamin
Nubery is to warne I'ho: Ford to provide and p'pare paymt for
the Countrey wt^out delay, that soe y^ Countrey may be able
to discharge such sums as may be charged on vs by o"^ Wor"
Gouernc.
Mr. Jo: Allyn, Mr. H. Woolcot, Wm. Wadsworth, are desired
and appointed and authorizd, in case y^ pi^sons indebted to ye
Countrey doe not provide payment seasonably, as need re-
quires, then y« Comitte or a maior part thereof shal procure
corn or provisions as they can agree w^^^ pi'sons : and the fore-
mentioned Di^s are to satisfie the said p^'sons accordinge to ye
Comitties appointment.
This Court appoints Wm. Wadsworth & James Steel of Hart-
ford, to goe down to Hommanaset and veiw the land there, and
if it be not fit for a Plantation, then they are authorizd to lay it
[164] out vnto II Mr. Mathew Allyn, Mr. Willys, Capt Talcot,
and John Allyn, according to their grants ; and if there be any
ouerplus, the Secretary Clark and Mr. Joseph Haines are to haue
their proportion there layd out also. Bnt if there be not enough
384
PUBLIC RECORDS
for both of them, it is to be issued by the Generall Court, w'^''
of them two shall haue their proportion there.
At the Generall Assembly or Court of Election held
AT Hartford, OctobJ" 9: 62.
Jo: Winthrop Esq"", Go:
Jo: Mason Esq', Dep: Go:
Magestrales Elecf:
Mr. Mathew Allyn,
Mr. Samii Willys,
Mr. Nathan Gold,
Mr. Treat,
Mr. Ogden,
Mr. Tapping,
Capt Talcot, et Treas'',
Mr. Henry Woolcot,
Daniell Clark, et Sec".
Mr. Jo: Allyn,
Mr. Baker,
Mr. Sherman.
Deputies :
Will"» Wadsworth,
Joseph Fitch,
Edward Griswold,
Josias Hull,
Samii Boreman,
John Nott,
Anthony Howkins,
Thomas Judd,
Mathew Campfield,
John Gregory,
Nathan" White,
Robert Warner,
Thomas Leffingwell,
Thomas Tracy,
John How'ell.
Sam" Smith,
James Rogers,
John Clarke,
Robert Chapman,
Phillip Groue,
Joseph Judson,
Cornelius Hull,
Sam" Drake,
ThePATTENT or Charter* was this day publiquely read in
audienc of y^ Freemen, and declared to belong to them and
their successors, and y^' freemen made choice of Mr. Willys,
C: John Talcot and Lt John Allyn to take the Charter into
their Custody, in behalf of y^ freemen, who are to haue an oath
* The Charter bears date April 23d, 16f)2, and was probably received in Connecticut early in
September. The first public exhibition of it seems to have been made to the Commissioners of
the U. Colonies, at their Session in Boston, (Sept. 4th-16th,) when " His Mai'^^ Letters Pattents
granted vnto several Gentlemen of Coneclicut, vnder the broad seale of England, was present-
ed and read." In a letter to the Government of Rhode Island, written during the same Session,
the Commissioners say, " We have read and p^vsed a Charter of incorporation vnder y'^ broade
seale of England, sent over the last ship, granted to some gentlemen of Coneclicut," &c. [Rec.
of Oomm'rs.] A letter from the General Court of Connecticut to the Commissioners, dated
August 30th, 1662, (in " Miscellanies," i. 89) makes no reference to the Charter, but proposes
a special meeting of the Comin'rs, in case " any matters needfull to be considered should, at the
return of our Wor. Governor and the agents for the Massachusetts, be presented."
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OF CONNECTICUT. 385
administered to them by the Generall Assembly, for y^ due dis-
charge of the trust committed to them,
[165] It is enacted and decreed by the Freemen, that y^ Town
of Hartford for future shalbe the settled place for the convoca-
tion of the Generall Assembly, at all times, vnles it be vpon
occasion of epidemical! diseases, sicknes, or y^ like.
The Generall Assembly of Assistants and Deputies doe es-
tablish all officers in this Collony, both civill and miletary, in
their respectiue places and power as formerly, vntill further
order be taken.
To ys respectiue Constables : — This Court doth impowre and
require you forthwith vpon y^ receipt hereof, to gather into yC
hands all the corne due from your Towne, to discharge the
Countreyes engagem* for y^ Charter. And you are to exer-
cise due care to see that you receaue 2 thirds Wheat and one
third Pease, dry & merchantable. And in case any person
fayle to pay at y^ time that you appoint, that then you des-
treine any part of y^ estate of such person, wt^^in doors or*
without; and y^ same to sell at such value as may procure
corne to discharge their respectiue rates. And y^ Constables
are hereby authorized to hire or press any persons, carts, boats
or canooes, that may be necessary to carry or transport the
Corne from y^ severall Townes to y^ vessels that are to trans-
port it to N. London. And in case any of the Constables in
ye respectiue Townes shall fayle of their duty herein, their es-
tate shalbe destreined to make good what is expected to be dis-
charged by that Constable. And the Deputies in each Towne
are desired to excite the Constables to their duty in what is re-
quired, and to see that there be receipts taken from ye Pinnace
Masters for the whole proportion of Corne for that Towne.
[166] And the Constables are to assigne ye Corne |1 vnto Mr.
James Rogers, Lt Samuel Smith and Ens. Avery, as ye Coun-
treyes Agents to receaue ye Corne, who are desired and ap-
pointed to see ye Corne stor'd in ye Warehouse, and also to de-
liuer it vnto such ship as by order from our Wor^i Gouernour
is to receaue the same, and vpon delivery of ye Corne, to take
vp the specialty or Bill from ye Shipmaster, whereby the Coun-
trey or Colony is obliged.
This Court desires Mr. Gould, Mr. Campfield, Mr. Sherman,
34
386 PUBLIC RECORDS
or any two of them, to hire vessells to transport the Corne from
ye seaside Townesto N: London: and Mr. W™ Wadsworth, Jon:
Gilbert, Joseph Fitch, to hire vessels for this Riuer.
And it is ordered, that y^ charge of transportation of y*'
Corne to N: London, shall be discharged out of ye Countreyes
Levy the next Spring. And what loss or miscarriage shal
happen by shipwrack or other accid^s to y^ Corne in transport-
[ing] shalbe borne by the whole Colony in a Generall way.
This Court doth order and declare, that the Seale* that form-
erly was vsed by the Generall Court shall still remaine and be
vsed as y® Seale of this Colony vntill ye Court see cause to y^
contrary, and the Secretary is to keep y® seale, and to vse it on
necessary occasions, for y® Colony.
This Court being informed by C: John Yong and some other
Gentlemen of quallity, that ye inhabitants of Southold, ye^
maior part of them, haue sent up and impowred him to act as
their Deputy ;t ai^d he as their Agent, tending to submit their
• [167] persons H and estates vnto this Gouerment, according
[to] o"" Charter ; This Court doth owne and accept them, and
shalbe ready to afFoard them protection as occasion shall re-
quire : and doe advise the said Inhabitants to repair to South
and East Hampton, to ye Authority there setled by this Court,
in case of any necessary occasion, to require the assistanc of
Authority. And this Court doth hereby eccept and declare C:
John Yong to be a freeman of this Corporate and doe grant
him commission to act in ye Plantation of Southold as need
requires, according to his commission. And this Court doth
order ye Inhabitants of Southold to meet together, to chuse a
Constable for that Towne ; and C: Jo: Yong is authorized to
administer oath to ye said Constable, for ye due execution of
* A fac-siinile of ihis Seal, (from an imiiression on wax, in the office of the Secretary of
State.) is given on the title page of this volume.
tThe letter from Southold, presented at this Session of the Court, is as follows : " Southhold,
October 4; 1662. Haueing notice from Mr. Willis of Conetticutt Jurisdiction, Long Island
comes within yi pattint, and allsoe yt the Court is to be held att Hartford, and thither we ar
desired by Mr. Willis to send oure Deputies, from these townes of Long Island : we thearfore,
of Southold, whose names are vnderwritten, doe desire, and haue appoynted 0. John Youngs,
toheowre Deputy ; and doe hearby giue him full powreto speake and act in oure behalph, as
occasion shall serve." Signed by Thomas More, John Tooker, John Payne, John Budd, and
twenty eight others. [Towns & Lands, Vol. i. No. 12.]
OF CONNECTICUT. 387
his office. And we doe advice and order Cap* Yong to see
that ye Minister be duely paid his meet and competent main-
tenance.
Severall inhabitants of Guilford tendring themselues their
p^sons and estates vnder the Gouerment and Protection of this
Colony, This Court doth declare that they doe accept and owne
them as members of this Colony, and shalbe ready to affoard
what protection is necessary. And this Court doth advise the
said persons to carry peaceably and religiously in their places
towards the rest of ye Inhabit'S that yet haue not submitted
in like manner. And also to pay their iust dues vnto y^ Min-
ister of their Towne ; and also all publique charges due to this
day.
This Court doth order and hereby declare all y^ Lawes and
orders of this Colony to stand in full force and vertue, vnles
any be cross to y^ Tenour of c Charter.
[168] This Court doth order Lt Jo: Allyn to shew Capt Varlet*
the Charter granted to this Colony, and to informe him that it
is desired by the Court that the Honorable Lord Stevesant would
not in any wise incumb^ or molest his Mamies subjects compre-
hended wthin ye extent of our Pattent, by any impositions, that
therby more then probable inconveniences may be pi^vented.f
This Assembly doth hereby declare and informed the Inhab-
itants of Westchester, that that Plantation is included in ye
* Capt. Nicholas Varlet (or Varleth,) was an officer in the service of the Dutch W. I. Com-
pany, and a brother-in-law to Gov. Stuyvesant. His father, Caspar Varlet, resided at Hartford,
(where be died, in 1663.) A sister, Judith Varlet, was afterwards married to Nicholas Bayard,
the son of Gov. Stuy vesant's sister. [Rec. of Court of Mag., iii. 2, 4 ; Rec. of Hoogh Straat
church, in N. Y. Hist. Coll., New Series, I. 397.]
t Capt. Varlet had presented to the General Court, a letter from Gov. Stuyvesant (dated Oct.
13th [N. S.] 1662) in which complaint was made that " one John Yonge," professing to act
under authority from Connecticut, "had vndertaken (as by his seditious letters may appeare,) to
diverte and revoke the English towns in this province, vnder the protection of the high and
mighty Lords the Estaats Generall of the Vnited Belgick Provinces & in the jurisdiction of the
Right Honnourable Lords of the W. India Compagnie settled, of their oath & due obedience
vnto vs, theire lawfull Governour." Gov. S. declares that these procedings of Capt. Young, if
authorized or approved by the government of Connecticut, would be regarded as "an absolute
breatch and a nullification of the agreement about the limits. Anno 1650," and would give just
ground to the States General and the W. India Company " to demand, and by such meanes aa
they in wisdom shal thincke meete, to recover al that trackt of land between Greenwich and
the Fresh River," to which they claimed a right by prior purchase and possession. He requests
the General Court to return, by the bearer, their " categorical answer over & aboue the afore-
mentioned JoJin Yongs seditious doings." [Colonial Boundaries, Vol. ii. No. 1.]
388 PUBLIC RECORDS
bounds of our Charter granted to this Collony of Conecticut.
And as it hath pleased his Matie thus to dispose of them, soe
we conceaue it most conduceable to their tranquilUty soe to
demeane in all things as may declare and manifest their readi-
nes to subiect to his Royall will and pleasure herein.
The next sett Gen^i Assembly is to be obserued on ye 2d
Thursday in May.
This Court doth hereby declare their acceptanc of y^ Plan-
tations of Stanford and Greenwich Ynd^ this Gouerment vpon
y^ same terms and provisions as are directed and declared to
yfi Inhabitants of Guilford. And that each- of those Planta-
t[ions] haue a Constable chosen and sworne.
Richard Vowles is made free of this Corporation, and sworne
to the office of a Constable for and within ye Plantat^ of Green-
wich-, for ye yeare ensueing, and vntill a new be sworne.
Mr. Mathew Allyn, Mr. Willys, Mr. Stone and Mr. Hooker
are chosen a Comittee to goe downe to I^. Hauen to treat w*^
ye Gent: and others of o^ lo: freinds there, according to such
instructions as shalbe directed to ye said Comittee by this Court.
[169] Severall of the inhabitants at Southold accepted to be
made free of this Colony, vnles any thing appeare to interrupt
the same ; Mr. Wels, Thomas Terrey, Philemon Dickerson,
Goodin Purrier, Goodm Windes, Barnabas Horton, Josph Hor-
ton, Lt Glouer, Thomas Moor Sen^, Goodm Conclin, Goodm
Cory, GoodiiL Reeues, Goodin Mapes, John Conclin Jun"", Jo:
Paine, Rich^d Browne, Joseph Yongs Sen^, Joseph Yongs Jun"",
Jer: Vayle, Jo: Curwin, Richard Terrey, Mr. Elton, Tho:
Brush, John Bud, Mr. Tucker.
Mr. Campfield, Mr. Gould, Mr. Sherman, are hereby appoint-
ed to keep a Court at Fairfield, when they see cause, for issue-
ing such controuersies as they are capeable of, according to
the tenour of our Charter. Staiiford, Greenwich and West-
chester haue liberty to improue the help of ye Court at Fair-,
field, to issue controuersies that may arise among them for
future.
Mr. Willm Pitkin is desired and appointed as Attourney for
ye Gener" Court, to prsecute Thomas Ford Senf, John Deming
Sew, Mrs J^attimore and Thomas Hurlbut, at ye Pniculer
Court to be held at Hartford on Wednesday next.
OF CONNECTICUT. 389
Persons admitted to be Freemen, by this Court ; — Mr. Sam^i
Talcot, Will^n Pitkins, Nathanii Goodwin, Mr. Tho: Pell, John
Olmstead & John Clarke Jun"".
Richard Vowles is admitted freeman and sworne to y^ office
of a Constable for and within the Plantation of Greenwich, for
ye yeare ensuinge and vntill a new be sworne.
This Court doth hereby declare the free remission of such
transgressions of the Lawes of this Colony as haue bene com-
mitted by Monsieur Varlet by retaileing liquors in his life time.
This Assembly doth order, that for y^ future, such as desire
to be admitted freemen of this Corporation shal pi'sent them-
selues with a certificate vnder y^ hands of y^ maior part
[170] of the Townesmen where they liue, that they are pi'sons of
civill, peaceable and honest conversation, and that they attain-
ed the age of twenty one yeares and haue 20/. estate, besides
their person, in the List of estate ; and that such persons, soe
quallified to y^ Courts approbation, shalbe p^sented at October
Court yearly, or some adiourned Court, and admitted after y^
Election at y^ Assembly in May. And in case any freeman
shal walke scandalously or commit any scandalous offence, and
be legally convicted thereof, he shalbe disfranchized by any of
o'' civill Courts.
This Court doth repeale the late order wherby the Troopers
salery was prohibited and taken of
Robert Vsher is ordered to be sworne to y^ office of a Con-
stable in Stanford, for y^ yeare ensueing, and vntil a new be
chosen. Mr. Campfield is to giue him his oath.
It is ordered, that y^ Inhabitants at Mistick and Paukatuck
shal from henceforth forbeare to exercise authority by vertue
of commissions from any other Colony ;* and that in case of any
differences that may arise, they repaire to C Wor^- Dep: Gou-
erno'' for help ; and that they chuse a Constable, for the yeare
ensueing ; and y^ said Constable to repaire to C" Wor^^ Dep:
Go: for his oath. And they [are] required to pay vnto Mr.
James Rogers, Lt Sami' Smith and Ens: Avery, for and in be-
half of the charge of o"" Charter, the sum of Twenty pounds,
as their Townes proportion, two thirds in wheat, at 4s., one third
* See Appendix, No. IV,
34*
390 PUBLIC RECORDS
in pease, at 3s., by y^ last of Novemb"" next. The Court or-
ders L*^ John Allyn to send a Warrant to Thomas Stanton in
ye Courts name, to attend this ord"", and if he refuse, Peter
Blachford is to gather the rate and destrein according to former
order.
[171] C. John Yong is invested w^h ye power of a Perticuler
Magestrate, within ye Plantat" of Southhold, and likewise he
is authorizd to sit in Court to assist the Magestrates of South
and East Hampton.
It is ordered, that all ye Plantations that shalbe enterteined
and embraced vnder this Gouerment, shal according to ye
Courts appointment pay their due proportion of ye charge ex-
pended in procuring c Charter.
This Court orders ye Secretary to send to ye Plantations of
Huntington, Setauk, Oister Bay, that they choose Constables in
their respectiue Townes, and to take their oaths, administred
to them by Capt Yong for the discharge of their respectiue offi-
ces ; Thomas Wicks, at Huntington, John Ketchum, at Setauk?
Mr. Rigebell, at Oister Bay.
It is ordered, that all ye Plantations, on ye Island as well as on
ye maine, shal attend ye established Law of this Colony for ye
rule of Rateing, vnles they mutually agree to ye contrary.
C. Yong is desired to giue notice to C: Silvester and L*
Gardner, w*^ ye other Plantations on ye Island, that they at-
tend the Generall Assembly on ye 2d Thursday in May next, to
doe their duty to ye Court.
This Court appoints that Wednesday come fortnight be set
apart, throwout this Colony, for a solemne day of Thanksgiue-
ing for ye mercies y* God hath extended to this Colony ye yeare
past, and p'^ticulerly for ye good success God hath giuen to ye
indeauours of o^ Hon"! Gouerno'' in obteineing o' Charter of
his Maiestie c Soveraigne ; as also for his gratious answer of
C" pray^ in ye late draught, in sending raine ; and for abate-
ment of ye sicknes ; and for ye hopes we haue of settlement
in ye waies of peace and righteousnes.
This Court declares, that Hartford Traine Band shal haue
ye prehemenence of all ye Companies in this Colony ; And
Windsor, the 2d ; Wethersfield, the 3d ; Then Farmington.
This to stand vntill the Court order otherwise.
OF CONNECTICUT. 391
[172] This Court ordereth, that there shalbe free trade in
all places in this Colony. And all former ord^s imposeing Cus-
tomes, are hereby repealed.
This Court doth declare these persons hereaft^' named, John
Green, Richard Hardey, Joseph Mead, Richard Webb, Joseph
Theed, Peter Pheries, to be freemen of this Colony ; and Mr,
Gould is authorized to giue them ye oath of freedom, at y^ next
Court in Fairfield.
This Court doth order, that L* Seely shal haue Fifteen pounds
paid to him out of the Publ: Treasurie, & the Countrey house
set into repair at Sea Brook, and he to hue in y^ house and to
take care of y^ Amunition.
This Court doth order, yt a Levy of a penny p"" pound shalbe
raised vpon ye estate of y^ Colony, and to be paid in wheat,
pease, Indian corn or porke, at currant price.
This Court grants Sea Brooke Inhabitants liberty to set vp a
Ferrey at Tilleyes Point, and to take 12d. for a man & horse,
and 6d. for a single person.
This Court orders each Town in this Colony to chuse an
able Inhabitant to y^ office of a Packf, to pack and repack all
such meat as is sent forth of y^ Townes, who shalbe deposed
on oath to y^ faithfuU p^formance of their respectiue offices ;
w^h oath may be administred by any one Magestrate or Com-
issioner. He shall likewise haue a Brand or Seale, w^^ these
letters, C: R:, wherwith he shall marke each Barrel y' he packs,
and for his paines he is to haue 8c?. p'' Barrell.
The Treasurer is required to cause the severall Townes to
levell or ballance what is behind of their Levies, or require the
fines of ye Constables, and destreine it of them by the Mar-
shall.
Mr. Willys and Mr. Wadsworth are appointed to audit the
Treasurers Accounts.
This Court grants to Ens: Olmstead, of Hartford, a farme of
300 acres of vpland and 40 acr^ of meadow, if it be to be had
at 20 Miles Riuer, in y" way to Moheag & N: London.
This Court is adjourned vntil ye 2d Wednesday in March,
vnles or Worpii Go; return and see cause to call the Assembly
sooner.
392 PUBLIC RECORDa
[173] At a GenII Assembly held at Hartford, March
11, 16||.
Dep: Gou"': Major Mason.
Assistants :
Mr. Willys, Mr. Woolcot,
Mr. Math: AUyn, Mr. Clark, et Sec\
Mr. Treat, Mr. Jo: Allyn.
Mr. Talcot,
Deputies : Will^ Wadsworth, Joseph Fitch, Edward
Griswold, Josias Hull, John Nott, Samii Boreman, James
Rogers, L* Sam^i Smith, Thomas Tracy, Hugh Calkin,
Antho: Howkins, Thomas Judd, Nathaneel White.
It is ordered by this Court, that after ye publication hereof,
there shalbe free liberty of transporteinge Corne out of this
Riuer, and the former restreint is hereby repealed.
It is ordered, that each Towne in this Col: shal pay for y^
transportation of their proportion of the Pattent Rate, to N:
London. Each Town is to discharge the costs of their owne
Corne.
Cap* Jno Talcot, Mr. Jo; Allyn and Thomas Tracy are ap-
pointed to audit the accounts of James Rogers and L* Smith,
respecting the Pattent Corne.
This Court haueing duely considered the valuation of y^ es-
tate of N: London, apprized by Cary Latham and William
Douglas, doe judge, that they haue not attended any rule of
Righteousnes in their worke, but haue acted very corruptly
therein, and therfore doe order the Treasurer that he send forth
his Warrant to ye Constable of N: London, to levy Four pounds
vpon ye estate of Cary Latham,, and Two pounds vpon Mr.
Douglas his estate, as a fine for their corupt and deceatfull act-
ings therein, and fourty shillings more vpon Lathams estate,
for neglecting to meet w^h ye Coma's on y^ Riuer, according to
order ; w^i fines shalbe to y^ publ: Treasury. And they doe
further order the Treasurer to send forth his Warrant to y^ Con-
stable of N: London, to levy a Rate of a penny p"" pound vpon
Eight thousand, fiue hundred pound estate, w^h yy judge to be
at least y^ estate of N: London. And doe desire the said
Towne of N: London to be more carefull in their choyce of
List makers, for the future.
OF CONNECTICUT. 393
It is ordered, that each Miller in this Collony, or owner of
Mill, shalbe allowed for grinding of each Bushell of Indian
Come, a twelf part, and of other graines, a sixteenth part ; pro-
vided that this order shal noe way preiudice or nullify any
agreem' made in any Towne, respecting grinding.
[174] This Court doth herby declare, that the Treasurer shall
not allow of the account pi^sented by ye Constables at Stratford,
for searcheing for the Collonels, w^h sum amounts to 6/. 17s.
Old. as ye Account specifieth.
This Court hath granted vnto John Gilbert, one acre and
half of land lying between the land of Cap* Richard Lord and
ye land of C. John Cullick ; and also one acre of land, more
or less, lying at ye landing place on the Rivulet ; both parcels
being or lying in ye South meadow at Hartford. And the
Court doth order John Gilbert to pay vnto the Treasurer, for
ye Countreyes vse. Ten pounds, for and in consideration of the
two acres and halfe of land granted him by this Court.
This Court, vnderstanding that there is much inconvenience
doth yearly ensue vpon the Constables defects in not gathering
the Countrey Levies and makeing payments according to the
Treasurers order, vnder pretence of a liberty to make vp their
accounts by the Court, in Octob"" yearly, Doe therefore order,
that the Constables, for the future, intherespectiue Plantations,
shal gather their proportion of the Countrey rate and make
payment therof, according to order, by the Quarter Court in
June in each yeare, vpon the penalty 'of Fourty shillings fine
for every defect herein, and they are also ordered to make vp
their accounts w^h ye Treasurer according to former order, by
October Court yearly, vpon penalty of 40s. fine for every defect
herein. And the Treasurer is hereby authorized to send forth
his Warrant to destreine the estates of the respectiue Consta-
bles, for the payment of the fines imposed for the breach of
this order.
The conveyance of nine miles square made by Onkos w**"
other Indians, to Norwich Plantation, is ordered to be recorded,
with this proviso, that it shal not preiudice any former grant to
o'' Wor^i Gouerno"" or others.
Thomas Tracy and L* Sam'i Smith giue oath in Court, in
referenc to laying out the bounds of ye Town of New Lon-
don, that from ye end of ye eight miles, the measurer run a
394 PUBLIC RECORDS
west line to y" Riuer and there they markt a tree agaynst the
north end of Vnkos his fort.
[175] In answer to y^ request of John Bissel Jun"", the Court
doth impower the Assistants at Windsor to agree for and with
another ferryman to keep the Countrey Ferry, and when they
haue p'vided a sufficient man, and not before, this Court doth
release John Bissell of his engagment for keeping the Ferrey.
This Court by their vote gaue liberty to Mr. Pitkin to be a
Councelour to plead for Thomas Burnam in his appeale to this
Court. They also ordered Mr. Pitkins to g'iue in al the cheif
heads of his plea before he begins to plead vpon the said ap-
peale.
Mr. Pitkins affirmes in Court, if he haue not liberty to make
new plea besides what were made in the Perticuler Court, he
wil throw vp the case and make noe more plea in it. Mr. Pit-
kins recals his words, and y^ Court passeth them by and fully
remits them.
This Court hereby declareth their approbation and confirma-
tion of the purchase of the Town of Farmington, of Fifteen
acres of meadow of Thomas Wels Esq"", deceased, bounded
by the Riuer north, Mr. Newton east, Mr. Howker and John
Root Sen"", southwest.
In reference to Thomas Burnams appeale, the Court doth
iudge, that y^ Court of Magestrates had sufficient ground to
call ye said Burnam to account for his actings in those matters
obiected agaynst him ; and doe, secondly, approue of the P^tic-
uler Courts examination of Thomas Burnam, in referenc to
those things charged agaynst him before his accusation was stat-
ed agaynst him in Court. Sly. This Court doth approue of the
manner of y® Perticuler Courts proceeding w*h Thomas Burn-
am, after his accusation was stated, as wel as before. 4. Respect-
ing the sentence itself, passed vpon Thomas Burnam by the
Pi^ticuler Court, this Assembly doth approue of the sentence of the
said Court and see noe cause to make any alteration thereof.
This Court doth approue of what y^ Magestrates haue done
formerly, vpon a fame or report of misdemeanour, in calling
the persons suspected of delinquency before them, and in ex-
amining the case and testimonies, and doe hereby authorize the
respectiue Assistants of this Colony, for the future, vpon
rumours and fames, to act as aforesaid, and in case the delin-
OF CONNECTICUT. 395
[176] quency appear || sufficiently proued, they may pass to
sentence, according to Law.
It is ordered by this Court, that in case any person in this
Colony shalbe convicted and s;entenced by the P'"ticuler Court
for a misdemeano"", and shal enter an appeale therein to y^ Gen-
erall Court, and by the judgment of y" said Gen^ Court the
said appeale be found to be causeles, the person appealing as
aforesaid shal pay Fine pounds to y^ Publ: Treasury. And noe
person, in case of delinquency of this nature, shal haue liberty
of an Atturney to mannadge his case in any of o'' civil courts.
This Court doth vpon due consideration repeale the order
remitting Customes for Wines, Liquors etc., and doe establish
the former order requireing the said Customes.
This Court ord^s, that Mr. Steels Bill of 15/. baring date 30th
of May, 1654, be deliuered vp toy^ ouerseersof Thomas Wells
Esq'' deceased, for y^ vse of Mr, Fish, they paying vnto Anthony
Howkins the sum of Twelue pounds, he haueing proued in
Court a promis of Mr. Wels to ad to the said Howkins his
wiues portion, in case her first husband Thomas Thomson had
any estate come from England, and he hath made appeare that
the said Thompson had to y^ value of 30/. come from England
since this engagement.
This Court doth hereby impower Mr. Obadiah Bruen to ad-
minister the oath of a Constable to those yt are chosen Con-
stables for the Township of N: London for this yeare ensueing.
This Court doth recomend it to y^ consideration of the
Towne of Hartford, that they would speedily consider of some
way to ease the Widdow Lord of her coilion fence, it appear-
ing to them yt she is burthened by mainteineing it hitherto.
Thomas Bull, Thomas Bunc and James Steel are to considi^
of her greivance and report their considerations to y^ Court in
May next.
This Court doth grant vnto John Adams, 300 acres of land,
at yp- place where his father Adams took vp land in y^ way to
N: London, whereof thirty acres of meadow ioyneing to his
father or Nicholas Olmsted. He relinquisheth his right at Fair-
field.
This Court grants the bounds of Middletown to extend four
miles to y^ South from y^ meeting house, and fine miles from
396 PUBLIC RECORDS
ye said house, westward ; three miles from ye Great Riuer,
eastward.
[177] This Court hath voted and desired the Dep: Gouernor,
Mr. Math: AUyn, Capt John Talcot and L* Jo: Allyn, and for
a reserue to y^ Maior, Mr. Willys, as a Comittee to goe downe
to N: Hauen, to treat w^ii o'' Hono'"'! and Lo: freinds about set-
ling their vnion and incorporation w^^ this Colony of Conect:
And in case the Comittee cannot effect an vnion, according to
instructions giuen them by the Court, that then they indeauour
to settle a peace in the Plantations vntil such time as they and
we may be in a further capacity of issueing this difference, and
to act in referenc herevnto as they iudge most meet.
William Wadsworth and John Deming Sen^ are allowed p^
the Court, hue pounds a peice for their care and paines in ouer-
sight of Mr. Wels his estate.
The Magestrates ord"" Sam^i Boreman to deliuer the little
Bible and a paper book, vnto Amos Williams, w^h was giuen to
him by his mother, and that he and Will™ Goodrich distribute
the estate to y^ Creditors.
This Court doth grant liberty to Sam^^ Marshall to sell hquors
by retaile, but not to suffer any liquors to be drunk in his house.
It is ordered, that in case the Comittee doe not issue an
agreem* w^^ N. Hauen Gent: according to their instructions,
before their returne, that then all propositions and instructions
from ye Court, respecting vnion w^^ that people, are void and
of none effect.
This Court allowes vnto Mr. Rosseter, Twenty pounds, in
reference to openinge Kellies child, and his paynes to visit the
Dep: Gouerno'', and his paynes in visiting and administring to
Mr. Talcot. Of this Twenty pounds, he hath already receaued
llZ. Is. 4:d. He is to make noe further demands of any pi^tic-
uler pi'sons.
It is ordered by this Court, that the Customasters formerly
established by the Generall Court in the respectiue Townes
shal attend the worke formerly appoynted to them by order of
the Court, and that each Custome master shal giue an account
at Pctober Court yearly to ye Treasurer, of what Customes
they receaue, and if any Custome master shal neglect to giue
an account as aforesaid, he shal pay 40s. for every such neglect?
OF CONNECTICUT. 397
w^h the Treasurer, shal by Warrant destreine from y^ delin-
quent.
[178] This Court doth order that in y^ vacancy of the sitting
of the Generall Court, there shalbe a Council!, consisting of the
Assistants here on the Riuer, or such as can convene, to y^
number of fiue at least, to act in emerg* occasions that con-
cerne y^ welfare of this Colony. And hereby doe authorize
the said Councill to act in all necessary concernments, both
miletary and civill, according as the pi'sent exegents require
and call for.
Mr. Willys and Will™ Wadsworth are appointed to be a
Comittee to order and dispose all matters to issue the busines
about the Pattent Rate, and to order the repaying of Wheat
borrowed from severall p^sons for the Countreys vse.
This Court doth disallow of Sea Brook Constables Acco* of
charges for witnesses respecting Jennings, and doe not see
cause to allow the witnesses pay for their time and travaile, nor
to any other vpon such accounts for y^ future.
This Court doth order the Marshall to goe downe to Sea
Brook, and to destrein the sum of Fifty pounds of the estate of
Reynold Marvin, for y' w^h y« Countrey should haue receaued
of the said Reynold for horses that he was ordered to seek vp
to be sold, and for neglect in attending their ord"" herein. And
respecting a mare w^^ the increase, that Rob* Chapman hath,
belonging to y^ Countrey, the Marshal is ordered to seize
on her, w'^^ y^ increase, or in want of her, soe much of Chap-
mans estate, if he giue not an account of the sale of y® mare
according to y® Treasurers order. And what estate y^ Mar-
shall doth receaue or destrein, he hath power either to bring it
vp, or to order prudently that it may be paid to y^ Treasurer
or his order.
The Town of N: London is to discharge the acco* of Thomas
Tracy, at Georg Tongs, for w^ he expended in laying out N:
London bounds.
This Court doth appoint Capt: Nubery, Edward Griswold
and John Moore to be as a Comittee, and hereby they are im-
powred to lay out all those lands that ax-e yet vndevided at
Mussaco, to such inhabitants in Windsor as desire and need it.
[179] This Court doth declare, thai it is theire mind that the
35
398 PUBLIC RECORDS
Marshal haue allowed him for every mile he goeth to serue an
execution or attachm*, four pence forward and fourepence
homeward. And this they iudge to be the intent of the former
order respecting the Marshals fees.
This Court vnd''standing that the hand of God is gone out
agaynst the people at New Netherlands, by pestilentiall infec-
tions, doe therfore prohibit all persons for comeing from any of
those infectious places into this Colony and amongst o^" people,
vntil y® Assistants are informed and satisfied that the distemp^
is allayed ; and^ that whoeuer breaks this order shal pay Fiue
pound fine to y^ publ: Treasury. And if any person shal bring
a vessell from thenc and land their men or goods in any har-
bour in this Colony, the Master of y^ vessell shal forfeit Ten
pounds to y^ Publ: Treasury. And y® Constables in each
Town are hereby required and authorized to distrein the fines
of such as transgress this order. And whoeuer of o"" people
shal goe aboard any such vessell he or she shal pay fiue pounds
to y^ Treasury for euery such ofTenc. The Constables in each
Town are to informe the Masters of vessels, of this order.
These vnd^^written are voted to be put to nomination at ye
next Court of Election, in May ; Mr. Campfield, Edward Gris-
wold, Mr. Bond.
This Court doth establish and ratifie the former order sent
out by the Assistants respecting the Indians, in regard of y^ in-
fection of y^ Pox.
[180] At a Generall Assembly of Election, held at
Hartford, May 14, 1663.*
Magistrates elected :
John Winthrop Esq"^, Gouern''.
John Mason Esq^ Dep: Gou'.
Mr. Mathew Allyn, Mr. Danii Clarke, et Sec'y,
Mr. Samii Willys, Mr. John Allyn,
Mr. Nathan: Gould, Mr. Baker,
Mr. Rich: Treat, Mr. Shermon,
• The record of this and the subsequent sessions, as far as published in this Volume, are in
the band writing of Mr. John Allyn.
OF CONNECTICUT. 399
Cap* Thomas Toppin, Mr. Howell,
Cap' John Talcot, et Treasurer. Mr. Thirstan Rayner.
Mr. Woolcott,
The freemen vote that the Generall Assembly shall choose
Comissioners for this Corporation for the year ensuing.
Deputies :
Mr. Wadsworth, Jehue Burr, James Rogers,
Mr. Fitch, Cornelius Hull, James Morgan,
Cap' Nubery, Richard Olmsteed, Hugh Caulkin,
Lnt Walter Fyler, John Gregory, Thomas Tracy,
John Nott, John Clarke, Joshua Barnes,
Sam^i Boreman, Robert Chapman, Philip Groues,
Anthony Howkins, Robert Warner, Joseph Judson,
Thomas Judd, Nath: White,
This Court doe make choice of o"" Honoured Gouernour &
Capt John Tallcott to be Comissioners for this Colony, for the
year ensueing, and L^t John Allyn is chosen as a reserue to
Capt John Tallcott, and ye Secrefy Mr. Danii Clarke to be a
reserue to o"" Honoured Gouernour, to attend that seruice, if the
Comissioners by accident faile of goeing.
This Court being sencible of the great charge that this Colo-
ny is at, by the Perticuler Courts attending the tryall and issue-
ing of those differences and actions as are presented to their
consideration, doe therefore order, that for the future, whateuer
actions are coinenced to be tryed by a Jury, and are not
w'^drawn one day at least before the Court, there shall be payd
for euery such action six shillings, (besides what is due by order,
to the Secrefy &. Jury,) for the use and improuement of the
Court that tries the cases, for the discharge whereof the plaintife
shall procure a receipt under the hand of that ordinary keeper
or inhabitant that prouides for the Court, which receipt shall be
deliuered unto y^ Secretary or Recorder of the Court, wherby
the Court may be sattisfyed that they haue credit giuen for so
much w"i the sayd ordinary keeper. And there shall be in like
manner, two shiUings allowed for each action that is to be issued
by the Magistrates or Commissioners. And likewise, whateuer
fine is imposed by any Court for delinquency in any person,
there shalbe so much of the fine abated from the Publique
[181] Treasurie as may fully compleat the discharge || of the
400 PUBLIC RECORDS
Courts expences, w^h the ordinary keeper or inhabitant that
prouides for them.
There being complaint made to this Court of the unsetled
state of the plantation of Sowth-hold, by the ill cariage of
seuerall persons there, This Court haue therefore desired and
appoynted the Worpii Mr. Mathew Allyn and Mr. Willys, to
goe to Long Island, to tak in assistance of the Magistrates at
Long Island, in setleing affayres at Sowth-hold, and in examin-
ing the case respecting Mr. Wells his reuolt since he took oath
to this Gouerment ; and any other matters, either in setleing
the peace of that Plantation or proceding against such as mis-
demeane themselues, according to their deserts.
Mr. Bond is chosen Comissioner by this Court, and he is
hereby inuested w^h magistraticall power on the Island.
It is ordered, that three pownds be allowed to the three Plan-
tations of Stratford, Fayrefeild and Norwalke, towards the
charge of the transportation of their Corne to New London,
which sume shall be allowed out of the next Country Rate, and
that the rest of the charge for those Townes be payd by the
sayd Townes according to order of Court in March last, which
is to be aded to the proportion of the country rate imposed
upon those three Townes.
This Court doth order, that the charge of keeping Court
since March, 61-62, w^iun the plantations of Fayrfeild, Stratford
and Norwalke, which remaines yet to be sattisfyed for, It shall
be borne by the Colony in a generall way. The cost of the last
Court held at Stratford is comprized in this order. And this
Court doth order and hereby graunt, that there shall be liberty
to keep Court at Fayrfeild, for the plantations on the seaside,
once a year, unles exterordinary occation call for one more in
the year. The time of their sett Court is the first Wedensday
in Nouember yearly.
This Court doe order & appoynt Mr. Bruen, Mr. Chapman
and John Smith, of New London, a Committee to hear and de-
termine the differences betwixt the Indians at Niantick and the
English, respecting burning their fence, or any other complaints
presented to them respecting those Indians.
This Court doth impower Mr. Toppin, Mr. Gould, Mr. Sher-
mon and Mr. Howell as a Comittee to hear and consider the
OF CONNECTICUT. 401
busines respecting Hamonossitt, and to make reporte of their
considerations to ye Court ; and likewise the case of the horss
in Nicholas Clarkes hand is left according to the premises to
the consideration of the sayd Comittee.
This Court doth determine that Jonathan Gilberds Butt of
Wine, seazed for the Countrey, to be according to the lawe
established forfeited to the Countrey.
This Court doth establish Jeramie Adams to be Custome
Master for Hartford, and the liberty graunted unto Jonathan
Gilbert by the Perticuler Court, is repealed, respecting custome-
ing his owne wines, liquers, &c.
Whereas this Court, upon the request of Heniy Walkely,
Attourney to James Wakely, to release the sayd Henry from
£182] attending the order || of the Court respecting the sayd
estate, these are to declare that this Court doth release the sayd
Henry from attending the sayd order, and haue returned to
him the letter of attourney granted unto him from James
Walkely, and the estate remaines to be ordered according as
the Perticuler Court haue prouided.
This Court doth determine that the land at Homonoscitt
doth not of right belong unto the Towne of Seabroke.
This Court doth remitt y^ Butt of Wine to Jonathan Gilbert
that was seized on of his, in behalfe of y Countrey, & the
Marshall doth engage to pay the Custome & to pay 20s. towards
ye expence that hath been occasioned therby to y^ Countrey.
Wm. Edwards charge th Mr. Daniell Clerk, for breach of his
oath, unfaithfuUnesse in y^ great trust committed to him by the
freemen of this Corporation, to the dishonour of God, infring-
ment of ye royall perogatiue of our Soueraign Lord the King,
contempt of ye authority established in this Corporation, &
_abuse of the members of ye same, to such censure as he shall
make appeare according to the lawes established in this Corpo-
ration.
Mr. Anthony Hawkins is chosen Commissioner for ye Towne
of Farmington, and sworn in Court; Cap* Seely is chosen
Commissioner for ye Towq of Huntington and sworn in Court;
and also, Mr. Jonas Wood is chosen a Commissioner for the
said Towne, and Cap* Seely is to giue him his oath.
35*
402 PUBLIC RECORDS
Cap' John Young is chosen Commissioner for the Town of
South hold, and sworne in Court ; and Barnabas Horton is also
chosen a Commissioner for Southhold, and Cap* Young is to
administer the oath unto him.
This Court hath chosen Mr. Bruen and John Smith, Com-
missioners for ye Town of New London, and the Worship^!
Major Mason is by this Court requested to administer the Com-
missioners oath unto them.
These may sertify that we Richard Olmstead and Joseph
Judson and John Banks, being appoynted by the Generall Court
at Hartford to run the line between Stratford and Fairefeild,
we accordingly haue begun at the usuall place agreed upon by
ye two Townes, and haue run almost two poynts from the
North poynt towards the Norwest, and run and measured to
the extent of twelue miles, and also haue run the due cross line
at the end, which line runs on the South side of a spruse
swamp commonly called Monhantik, and so ends at the mouth
of y^ Brook commonly called by the English the half way
Brook, being aboue Pagasitt. Witnesse our hands, this 22 of
Nouember, 1062. Richard Olmstead, Joseph Judson,
Joseph Banks.
This was ordered by the Court to be recorded in the Records
of the Court,
This Court orders, that Dorathy Lord shall maintaine so
much fence (and no more) as doth belong to that proportion of
meadow as was graunted to her and her husband by graunt
from ye Towne of Hartford.
This Court repeals the order prohibiting commerce w'h the
people in or about the Manhatoes.
[183] The differences at Southhampton about the land at
Quaganantick, is referred to the determination of the Court in
May next, and they are to improue the mowing land as former-
ly, till the case be issued.
This Court orders, that no person in this Colony shall buy,
hire or receiue as a gift or mortgage, any parcel of land or
lands of any Indian or Indians, for the future, except he doe buy
or receiue the same for the use of the Colony or the benefitt of
some Towne, with the allowance of the Court.
This Court doth inuest Capt John Young and the rest of the
Commissioners on the Island, with Magistraticall power upon
the Island.
OF CONNECTICUT. 403
This Court doth order, that all that are Freemen upong Long
Island, and haue not taken the oath of a Freeman, shall haue
the oath of a Freeman administred to them by the Magistrates
and Commissioners of the Island, or any two of them.
This Court haueing heard and considered the controuersie
between Leiu* Rob: Sealy and the Town of Stratfoi'd, doe judge
that the Towne of Stratford shall pay unto the said Sealy 25/.
in some currant pay, and he to make ouer all his right and title
in the lands there, to the said Towne, whether his right there
be fro gift of the Towne or Indians or any other wayes; and
this to be a finall issue of the controuersie, each man bearing his
owne charge.
This Court, haueing presented to their consideration the tur-
belent carriage of Rich: Latten, doe order, that in case the said
Latten do not depart the Towne of Huntington by October
next, he shall be summoned to appear to answer the complaint
of the said Towne, at October Court ; and the Commissioners
are to take the testimonyes that concern the complaint, and
send them up w^^ the said Latten to the Court.
The Court chose Mr. Willys, Mr. Gould, Capt Tallcott and
Cap^ Young as a Comitte to consider and draw up there
thoughts and apprehensions conserning the setlement of West-
chester & Stanford, and make return to the Court.
This Court doth declare, that notwithstanding the uncomfort-
able debates that haue been respecting the Major, that the Major
stands clear and is in a fitt posture to carry on the affaires of
the Court, which this Court doth desire and request him forth-
with to attend, according as his place requires.
It is ordered by this Court, that for y^ future, each Plantation
hath hereby liberty to send their Deputyes to the Generall As-
semblies in May and October, according to the tennour of the
Charter, and they are not to expect any farther notice to minde
them of their liberty herein, and the Deputies are to bring serti-
ficates with them from the Constables, to manifest their choyce.
It is ordered by this Court, that the Constables in each Plan-
tation are hereby impowred to charge the watch and ward in
the respectiue plantations, in the name of the authority here
establisht, duely to attend there watch and ward, by walkeing
in such places where they may best discouer danger by the
404 PUBLIC RECORDS
approach of an enemy or by fire, which if they do discouer, they
are to giue notice thereof by fireing their guns and crying Fire,
Fire, or Arm, Arm. And in case they meet with any persons
walking in the streets unseasonably, they are to examine them,
and in case they cannot giue a good accompt of their occasions,
they are to returne them to the Constable, who is to require
them to appeare before a Magistrate or some Assistant, to giue
an accompt of their unseasonable walking.
[184] It is also ordered, that the watchmen shall duely attend
to receiue their charge, at the Constables, in the evening by the
shutting in of the day light, and they are not to leaue their
watch before the break of the day, and whosoeuer shall be found
guilty of the breach of this order shall forfeit Is. for euery de-
fect herein.
This Court ordered that Wm. Waller, as Renol Maruens
agent, should be allowed one quarter part of this bill of 50/. as
his part of the horses, and Mathew Griswold is not to trouble
Wm. Waller or Renold Maruen, for any part of those horses for
which the bill is made.
The petition of Mrs. CuUicke was this day read ; and the
Court voted, that they did not see cause to make any abate-
ment of ye said bill, according as she petitioned.*
This Court appoynted Wm. Wadsworth, Ens: Auery, L°t
Smith, as a Committe to veiw the lands at Homonoscitt, and if
they judg it be nott fitt for a plantation, and will not be uery
prejudiciall to Saybrook, then they are to lay it out to Mr.
Math: AUyn, Cap* Tallcott, John Allyn, Mr. Willis, and ac-
cording to the graunt of the Court ; but if it be prejudiciall to
Saybrook, they are to lay out what they judge right to the
Towne of Saybrook and the rest to Mr. Math: Allyn, Capt
Tallcott, John Allyn, Mr. Willys, Mr. Joseph Haynes or Mr.
Daniell Clerk, according as the Court shall determine, as farr as
it will go, according to their graunts, y^ l^t graunt to be layd
out 1st, and so successiuely ; and what any two of this Com-
mitte agree to, shall be a finall issue of the case. The time of
meeting and attending this seruice is to be appoynted by Say-
brook and the Gent: concerned, sometime in June next.
* See Appendix, No. XL
OP CONNECTICUT. 405
The Court in answer to the request of Thomas Forde, which
was to haue some allowance in respect of his land sold to Mr.
Fitch, which the said Forde forfeited to the Countrey by mort-
gage, they graunted him the sume of thirty pownds.
This Court appoynted Mr. Wyllys and as a
Comittee to draw up a letter and send it to the Generall Court
of the Massachusetts, about Paukatuck, as an answer to the
letter sent to us from their Councill.*
The Court haueing considered the complaint of Wm. Edwards
against Mr. Clark, and hauing seriously considered the case, do
find him so far falty as to put him out of the Secretary's place
untill the next Election Court.
This Court appoynts Thomas Minor, Math: Griswald and
Wm. Waller, or any two of them, as a Comitte to hear the case
depending twixt Uncass and the Inhabitants of N: London,
respecting lands, and to make report to the Court in October
next, what they find in the case. This they are to attend be-
tween this and the end of June next.
This Court remitts Gary Latham and Mr. Duglas fine, w^h
was imposed upon them by the Court in March, for there trans-
gression in making their list.
This Court orders, that Rob: Usher and John Meggs shall
continue in the place and office of a Constable ouer those that
haue submitted to this Gouerment in there respectiue Planta-
tions, untill the Court see cause to alter otherwise, and all those
that haue submitted are to attend the former order made in Oc-
tober Court last.
The Court noted, that they would not send the Patent nor
coppy thereof to be read at New Hauen.
[185] This Court orders, that the letter drawne up by the
Committe to the Manadoes, be drawn out fair, and sent to the
Lord Stephenson.t and signed by the Secretary in the name of
the Court, as allso the letter to West Chester.
This Court orders Mr. Willys and John Allyn to draw up a
Letter to the Genii Court of y^ Massachusetts, in refference to
Pawkatuck & Mistick, and to desire a return.
•The letter from Massachusetts, (of Mar. 8, 1662-3,) and the reply of the Committee are in
"Towns & Lands," Vol. I, Nos.44 & 45.
t Stuyvesant,
406 PUBLIC RECORDS
This Court appoynts L^t Rob: Sealy to be the cheife miletary
officer in Huntington, to exercise theire trained souldiers.
This Court ordered that Cap* John Young should haue 5Z.
allowed him for his seruice on the Island last year.
This Court ordered that Richard Pontons charge at Hartford
should be born by the publike Treasury.
This Court orders that Southhold shall haue and enjoy the
same priuiledges as Southhampton doth by uertue of their com-
bination.
This Court chose Ln* John Allyn, SeCy for the Colony, un-
till the next election, and he was sworn in Court.
This Court graunts unto the Major o"" WorpH Dep'ty Gou-
ern', 500 acres of land for a farme, where he shall chuse it, if it
may not be prjudiciall to a plantation allready sett up or to sett
up, so there be not aboue 50 acres of meadow in it.
The Court orders that those freemen that were presented to
the Court in October, from Norwidge, shall be accepted and
sworn by o^ WorpH Deputy Gou"".
The Court orders Mr. Math: Allyn and Mr. Willis to write to
Setawkit, and settle businesse there, according as they judge
best.
The Court also accepts of those freemen p'sented from N:
London, and orders Mr. Bruen to administer the oath unto them,
whose names are Sam^^ Roggers, Miles More, Mihell Rice.
The Court is adjourned untill the 3d Wedensday in Aug^t,
unless the Gou"" come to us sooner and see cause to call the
Court together.
At a Meeting of the Councill, July 10*'\ 1663.
The Councill doth desire and appoynt Cap* John Tallcott to
go down to West Chester, and if the eleuen Queries concerning
West Chester do appear to be sufficiently proued in the affirma-
tiue, then the said Cap* may and is herby ordered to administer
the oath of a Constable unto him whome the Inhabitants shall
desire and chuse to that seruice, if he approues of the person ;
and he hath herby liberty to establish a Serj"* in the said Town.
And it is desired that Cap* Tallcott would be pleased to en-
deauo"" to settle thinges in the Town of West Chester, in as
OF CONNECTICUT. 407
peaceable a manner as may be. The forsaid Queries are upon
the file.
The Secretary allso is ordered to send a Letter to the Inhab-
itants of Narraganset in the name of the Councill, and to signify
to them, that Mr. Richard Smith Sen"-, Cap' Edw^ Hutchinson
and Lnt Jos: Hews are appointed select men at Mr. Smiths
tradeing howse ; and Mr. Rich: Smith Jun' is appoynted Con-
stable for the said Town, and Mr. Rich: Smith Sen"" is to ad-
minister an oath to him for a faithfull discharge of his office.
It is ordered, that the Plantation aforesaid shall for the future
be called by the name of Wickforde. The Coppy of the Letter
to Wickford, hangs upon the file.
[186] At a Session of the Gen^i Assembly holden at
Hartford, the 19'1» of AuG^t, 1663.
Assist's:
Maior John Mason, Dep* Gou"":
Mr. Mathew Allyn, Mr. Henry Woolcott,-
Mr. Sam" Willys, Mr. Dan" Clark,
Capt John Tallcott, John Allyn & Secy.
Deputies :
Wm. Wadsworth, Tho: Tracy, Mr. Rob: Chapman,
Capt Benj: Newbery, Ln^ Walter Fyler, Sam^^ Boreman,
James Rogers, John Nott, Mr. Jos: Fitch.
Hugh Calkin, Nath: White,
This Court doth desire that those Freinds appoynted to keepe
the Charter do allso receiue the Duplicate into their custody,
and keep it in behalfe of the Freemen of this Corporation ; and
the Worshipfull Gouernour is desired to deliuer the s^ Dupli-
cate to the said Freinds, or either of them.
This Court doth nominate and appoynte the Dep: Gouerno^,
Mr. Willys, Mr. Dan" Clarke and John Allyn, or any three or
2 of them, to be a Committe to treat w^h c honoured freinds of
N: Hauen, Milford, Branford and Gilford, aboute setling their
union and incorporation w^^ this Colony of Connecticut ; and
they are impowred to act according to the Instructions giuen
to the Comitte sent to New-Hauen in March last; and in case
408 PUBLIC RECORDS
they cannot effect a union, they are hereby authorized publikely
to declare unto them that this Assembly cannot well recent
their proceeding in Ciuill Gouerm* as a distinct Jurisdiction,
being included within the Charter graunted to Conecticut Cor-
poration ; and likewise they are publikly to declare that this
Assembly doth desire and cannot but expect that the inhabit-
ants of New Hauen, Milford, Branford, Guilford and Stanford
do yeild subjection to the Gouerm*^ here establisht according to
the tennor of o"" Charter, which is publiquely to be read in
New Hauen.
This Court being sencible of the great inconueniency that
may com to the members of this Colony by Indians walking up
and down the Towns, in the night season, to buy liquers, doe
order, that whatsoeuer Indian shall be found walking up and
down in any Towne in this Corporation, after the day light shut-
ting in, except he giue sufficient reason, shall forfeit twenty
shillings, fifteen shilHngs to the Publiq' Treasury, and five to the
person or persons complaining and proueing the same, or else
be seuerly whipt six stripes at least ; and any one Assist* or
Commissioner hath power to hear and issue any such complaint.
And if any Indian shall be found in the night season transgress-
ing this order, the Assist^^ or Commissioners, or any one of
them, may secure them, by setting a watch upon them or by
committing them to prisson for a try all y^ next fitting oppertu-
nity. This is to be published to the Indians in or about each
Towne.
Wm. Blumfield appeales from the sentence or judgm* of the
Court held at Hartford, June 15, 63, to the judgment and deter-
mination of this Assembly.
The Comitte appoynted to view Hommonoscit, returned a
writing under their hands, dated June 3, 1663, wherein they
expresst that according to their best judgment it will make a
comfortable plantation for the entertainment of thirty families
to subsist comfortably. The Comitte were Wm. Wadsworth,
Sam^i Smith, James Auery.
John Clow Junr presented a Petition to the Court for the
planting of Homonoscitt, and engaged to pay 105. to the Treas-
ury for it,* according to order.
* i. e. for the presentation of ihe Petition; according to the order of May, 1662. p. 381.
OF CONNECTICUT. 409
Corporall Marshall is to haue 2/. payd him by the Treasurer
and deliuer the horse to the Treasurer, and this to be a finall
issue of the case.
[187] This Court hauing considered Wm. Blumfeilds appeale,
w^h the [ ] therof", doe order that Mr. Rogers shall pay
unto Blumfeild the summ [ ] pounds in currant pay,
and Mr. Rogers to keep the mare and bull and [ ] as his
proper estate, and discharge Mr. Louelands debt and pay the
cost [of ihis'\ Court, and the first Court his case was in tryal.
Blumfeild is to pay the char[ges of] the special Court.*
This Court orders the Secy to draw out the letter which
was read in the [Court,] and subscribe it in the name of the
Court, and send it to Cap* Hutchinsonf and his [ ]
This Court haueing considered the request of Tho: Forde, by
their vote d[eclare] that they see no cause to give Goodman
Forde the six pownds od, that he d[esires] in refference to his
land at Podunck, now in Mr. Jos: Fitches hand.
This Court orders, that the land at Homenoscitt be reserued
for a plantation.
This Court orders that the planting of Homonoscit be reffered
to October Court.
At a Session of the Generall Assembly at Hartford,
[October] the 8th, iqq2,
John Winthrope Esq^ Gou"".
Major John Mason Esq"", Dep:
Mr. Math: Allyn, Mr. Henry Woolcott,
Mr. Sam" Willys, Mr. DanH Clarke,
Mr. Rich: Treat, John Allyn,
Cap* John Tallcott, Mr. Sherman.
Deputies :
Mr. Wm. Wadsworth, Capt Ben: Nubery, Mr. Jos:
Fitch, Lnt Walt: Fyler, Samuel Boreman, John Nott,
* The corners and outer margins of the two leaves of the original record, paged 187 to 190,
are much worn and defaced. On pages 187 and 189, the whole or a part of the words termi-
nating each line is torn off, or has become illegible.
t A letter from Capt. Hutchinson and the other proprietors of the Narragansett lands, with a
copy of the reply from the General Court, are in " Colonial Boundaries," Vol. I. Nos. 9 & 10.
36
410 PUBLIC RECORDS
Mr. Anthony Hawkins, Thomas Jud, Mr. Jehu Bur,
absent; John Bankes, Phihp Groue, Mr. Math: Camp-
feild, Nath: White, Rich: Olmsteed, absent ; Ens: Joseph
Judson, absent ; Wm. Cheny, Tho: Tracy, Tho: Lepping-
well, James Rogers, [James] Morgan, Mr. Rob: Chap-
man, Wm. Waller.
This Court desires and appoyntes Mr. Mathew Allyn, Cap<^
Ta[llcott,] Lnt Clark, as a Comitty to treat w^h the Gent° come
from the M[anhatoes] about the matters in controuersie be-
tween this Corporation and the D[utch] at Manhatoes,* and in
case Mr. Clark comes not down to the Court, y^ [Secretary to]
supply Mr. Clarkes place.
John GrifFen haueing made appeare to this Court that he was
the first [ ] the art of making pitch and tarre in these
parts, doe order that the [said] GrifFen shall haue Two hundred
acres of lands (where he can find them) between Massacoh and
Warranoake, wherof there may be forty acres of [meadow,] if
it be ther to be had and be not prejudicial! to a plantation, and
not [formerly] graunted.
The list of estates were presented to this Court, as foUow-
eth:—
Ye persons and estates of Hartford, 18917. 06. 00
Ye persons and estates of Windsor, 16683. 00. 00
* With a view to an amicable adjustment of the differences between the New Netherlands
and Connecticut, respecting the towns upon L. Island, and the territory between Stamford and
Westchester (inclusive of the latter plantation,) to which both Jurisdictions laid claim, Gov.
Stuyvesant sent commissioners to Hartford, with full powers " for the composinge and deter-
myninge of all further diffrences in question." In a letter to the General Court (dated Oct. 13,
1663, N. S.) Gov. S. writes, " I therefore thought meete and needfull for the prevention of fur-
ther troubles, to send the bearers, our lovinge friends and intrusted agents, Cornelys van Ruy-
ven, our faithfull Secretary, Oolvoost Stevenson van Cortland, burge master off the city Am-
sterdam in New Netherland, and John Lawrence, marchant," &c. [Colonial Boundaries, ii. 6.]
The Committee appointed by the General Court did not assent to the propositions submitted
by the Dutch Commissioners, and the latter returned to the iManhadoes, without having attained
any satisfactory result of their mission. A correspondence ensued between the General Court
and Gov. S., in which the question of jurisdiction was discussed, without however arriving at
any positive result, until the claims of the Dutch Government were summarily disposed of, by
the occupation of N. York by the English in 1664, and the grant to the Duke of York, — which
by the decision of the Royal Commissioners, in Nov. 1664, was made to include the whole of
Long Island. The letters of Gov. Stuyvesant, with the propositions of the Dutch agents, and
those of the Committee of the Gen. Court, are in ' Col. Boundaries,' Vol. ii. Nos. 3-13, See
also, the Journal of the Dutch Commissioners, printed in Hazzard's State Papers, ii. 623-633,
from the original in the State Department at Albany.
OF CONNECTICUT. 411
Ye persons and estates of Weathersfeild, 12258. 10. 00
Ye persons and estates of Farmington, 07044. 00. 00
Ye persons and estates of New London, 07185. 11. 00
Ye persons and estates of Norwalke, 04420. 05. 00
Ye persons and estates of Middletowne, 03017. 00. 00
Ye persons and estates of Norwidge, 02571. 00. 00
Ye persons and estates of Stratford, 09579. 03. 00
Ye persons and estates of Fairfeild, 11030. 09. 08
Ye persons and estates of Saybrook, 08000. 00. 00
Mathew Griswold and Wm. Waller and Tho: Minord are
appoynted to [ ] the west bounds of New London, and
Ens: Tracy and James Morgan or [ ] whom the two
towns of N: London and Norwidge do appoynt are to se[ ]
they are to begin at some sutable place as they shall judge
m[eet, so that] they may haue as much land without as their
is sea [ ]
Timothy Phelpes and Samuel Buell are [propounded to] be
made free of this Corporation, according [to order of Court]
[188] Serjant Tho: Minor repairing to this Court for aduice,
what he should doe or how he should behaue himself to any in
the place where he Hues that doe pretend authority there ; This
Court doth aduise him to carry it peaceably towards them, and
at present to be a patient in the case, though they injure him;
this Court engageing to see the said Serjant Minor wrighted for
any wrong that he either hath or shall receiue upon this acco*,
prouided he attends the directions of this Court, W^ is that he
obey noe authority at Mistick & Pawcatuck but what is or
shall be establisht there by this Assembly.
It is ordered by the Court, that the letter drawn up to the
Director Gen^i at the Manhatoes, be sighned by the Sec^y in
the name of the Court, and sent to the said Generall.
This Court doth accept of the town of West Chester as a
member of this Corporation, being rece'd and accepted as such
by o"" Councill formerly. This Court doth declare that all the
land between the sayd West Chester and Stanford also doth
belong to the Colony of Connecticut.
This Court doth desire and appoynt the Major and John
AUyn and Mr. Bruen, to keep a Court at New London, for the
412 PUBLIC RECORDS
issuing of such matters as shall be presented to their considera-
tion ; they are to appoynte the time.
This Court appoynts Ens: James Auery a Commissioner, to
joyne w^h Mr. Bruen at New London.
This Court appoynts Mr. Edward Gishop a Commissioner
for the Towne of West Chester, and he is inuested with Magis-
traticall power in that Plantation, untill y^ Court in May.
Sworn, in Court.
This Court doth appoynte the Secy to draw out the Letter
faire, that was read in the Court, and subscribe it in the name
of the Court, and send it to Deacon Parks, by him to be pre-
sented to y^ Gouerni" and Gen^i Assembly of the Massachusetts.
This Court orders, that the last Wednesday of this Instant
October be set apart throughout this Collony for a solemn day
of Thanksgiuing for the mercyes God hath extended to us the
year past, in the return of o' Honoured Gouernof, the recouery
of c Deputy Gouern'^ out of his late sicknesse, the plentiful!
haruest, the seasonable abatement of the waters, and continu-
ance of peace and health amongst us.
This Court graunts a rate of a penny on the pound, to dis-
charge the Countrey's debts.
This Court upon the petition of John Tompson, do request
Mr. Jones, Mr. Hanford and Mr. Wakeman, to haue a hearing
of the difference between the Church of X* at Stratford and
the said Tompson, and to aduise them to the best meanes for an
issue therof.
This Court desires and appoynts Mr. Gouernour, Mr. Math:
Allyn, Mr. Willys and Cap* Tallcott, or any three of them, to con-
sider what is meet to be attended in reffrence to Mr. Hopkins his
estate, by him bequeathed for to be improued for y^ promoting of
learning, and to make reporte of there thoughts the next Court.
Tho: Hunt, John Quinby, Rob: Huested, Nicholas Bayley,
Rich: Ponton, Sam'i Mills, Mr. Rich: Mills, are accepted to be
made free, according to order of Courte.
Simon Huntington, Tho: Adgatt, John Post, Tho: Post, Wm.
Baccas, Thom: Blisse, John Renols, John Calkin, Jonath: Rice,
John Birchard, are accepted to be made free, accoi'ding to order
of Court.
Ens: Steel, John Norton, John Clerk, Joseph Woodford,
OF CONNECTICUT. 413
Tho: Judd, John Judd, John Woodruff, John Root, John War-
ner, Tho: Hart, are to stand for their [ ] at the Court
in May next, for their freedome.
[189] Lnt John Bud is appoynted Commissioner for the Town
of Hastings, and is inuested [with] Magistraticall power within
thehmits of that Town.
Rich: Vowles is appoynted Constable for the Town of Hast-
ings, and Mr. Bud is to g[iue him his oath.]
This Court doth approue of Deacon Stebbing and Ln* Tho:
Bull paying what doth [appear] to be due from Mr. Hopkins
estate to Mr. Bournes or Mr. Dallye, with what [ ]ency
may bee.
It is ordered by the Court, that Math: Griswald, Wm. Waller
and Tho: Minor or [any two] of them, shall settle the bounds
between the Town of New London and Uncas, [ ] deter-
mine what Uncass shall haue for those of his lands that fall
within the [ ] that by the Court haue been confirmed
upon the Towne of New London, and issue [ ] case fully,
a Munday come four weeks, or as soon as may be.
Frances Brown was sworn Constable for Stanford, in the
Court.
Wheras the Court haue formerly graunted Mr. Sam: Stone,
of Hartford, a farme, [for his] good seruice to the Countrey
both in Pequett warr and since, do now graunt and con[firme]
to Mr. Sam'i Stone his son and Mrs. Eliza Stone, the relict of
Mr. Sam^i Stone, deceased, [in] lieu of the former grant, 500
acres of upland and 50 or sixty acres of meadow, [where] they
can find it, prouided it be not prejudicial to any plantation set
up al[ready] or place fitt to make a plantation.
This Court appoynts Sam^i Boreman and James Steele to lay
out the bounds [of the] Towne of Middletowne, according to
their former graunt, and the [Towne] of Middletowne is to pay
the charge therof.
This Court doth leaue the determination of the business
respecting [ ] entertainm* of the plantations on Long
Island, and the difference between [us] and the Dutch, with the
Councill, who are to consider and issue the forementioned [par-
ticu]lars, as soon as they haue a return from the Dutch Director
Genii or a fort[night] hence, and the people of the Island are to
36*
414 PUBLIC RECORDS
haue a coppy of the proposalls presented [by] the Gen'^s Mes-
sengers.
This Court appoynts John Hurd and Joseph Judson to lay
out the bownds [of the] Town of Fairfeild, between them and
Norwalk, according to their [former] grant ; and the two
Townes are to beare the charge.
This Court doth desire and authorize the Council! to draw
up and send letters of [ ] to his Majesty or any Noble
personages in England, as they see cause.
This Court doth approue of what the Perticular Court did at
South H[ampton] September, 1663, and do desire and appoynte
the Assis'^s of South & East Hampton to see that execution be
attended according to the determination of the said Court ; and
in case there be any occasion for the future, the Assises of South
and East Hampton are hereby impowered to go ouer [to South-]
hold and keep Court there and deal with all persons (that carry
it refractory in the sayd place,) according to lawe ; and espe-
cially they are desired to consider of Mr. Wells his ill carriage ;
and in case they cannot sup [press] such ill disposed persons
there, they may and are hereby authorized [to send'\ ouer any
such person or persons to the Goal here at Connecticut.
Tho; Tappin is appoynted to joyne with the aforesaid
Assists.
This Court doth authorize the Court at Southhold to issue the
[ ] respecting Pepper, now in durance there, and to
send him to Bar[badoes] or banish him, according as the nature
of the offence [requires.]
[190] This Court doth judge that Seabrook hath no right to
Hommonoscitt.
This Court doth declare that the former act about Homonos-
citts not being a plantation is hereby reuoaked ; and the former
order, that it should be a plantation is to stand.
The Court doth appoynt S. Willys, Mr. Woollcott, and Wm.
Wadsworth as a Commity for the ordering of the plantation at
Homonoscitt.
Mr. Willys, Mr. Gould & Ens: Tracy are appoynted by this
Court, as a Committy to issue the businesse respecting John
Notts appeale.
Ln^ Lewis doth request this Court for a Farme.
OF CONNECTICUT. 415
This Court doth order a rate of farthinge & half farthinge
upon the pownd, to be paid within 3 weekes, in wheat, for the
compleating the charge about procuring the Charter ; and the
Constables of each Town are to gather the same, and prouide
for the transportation of the same to New London, within a
month.
This Court doth declare that they can do no less for their own
indemnity then to manifest c dissatisfaction w^^ the proceed-
ings of the plantations of N: Hauen, Milford, Brainford &c., in
their distinct standing from us in poynt of Gouerm* ; it being di-
rectly opposite to the tennor of the Charter lately granted to o'"
Colony of Connecticutt, in w^h Charter these plantations are
included. Wee allso do expect their submission to o"" Gouer-
ment, according to o"" Charter and his Majestyes pleasure therin
exprest, it being a stated conclution of the Com^s that Jurisdic-
tion right allwayes goeth w'^ Patent. And whereas, the afoars^
people of New Hauen &c. pretend they haue power of Gouer-
ment distinct from us, and haue made seuerall complaints of
wroungs receiued from us, we doe hereby declare that o'' Coun-
cill will be ready to attend them, or a Committee of theirs, and
if they can rationally make it appear that they haue such power,
and that we have wrounged them, according to their com-
plaints, we shall be ready to atend them w^^ due sattisfaction.
(Ye Gou""^ absent w" this vote passed. )
The Court appoynts Mr. Willys and the SeCy to draw up a
Letf to N: Hauen Genti, and inclose this act of the Court in it.
The return of the Comitty concerning John Notts appeale is^
that the land in controuersie between Mr. Russell and the Towne
of Weathersfeild doth belong to Mr. Russell, and is confirmed
by the Court upon him ;
This Court remitts Mr. Russells forfeits for his non recording
of his land, all but 51; and this to be a finall issue of the busi-
nesse between Mr. Russell and John Nott and the Town of
Weathersfeild.
In answer to the petition of those English Plantations near
the Dutch ; — This Court being desirous to maintaine his Majes-
ties just interest and the peace of his subjects, and yett to attend
all wayes of righteousnesse, that so we may hold good corres-
pondency with o"^ neighbours of the Manhatoes, do herby de-
416 PUBLIC RECORDS
clare that they will for the present forbear to put forth any au-
thority ouer the English Plantations on the westerly end of
Lono- Island, prouided the Dutch forbear to exercise any coer-
ciue power towards them ; and this Court shall cease from far-
ther attendance unto the p^mises, until there be a seasonable
return from the Generall Steuenson to those propositions that
his messengers carryed with them, or untill their be an issue of
the differences between them and us.
[191] And in case the Dutch do unjustly molest or offer vio-
lence unto them, we do hereby declare that we shall not be
willing to see o^ Countrey men his Maties naturall borne sub-
jects, and his Matins interest interupted or molested by the
Dutch or any other, but we shall adres Cselues to use such just
and lawfuU meanes as God shall in his wisdome offer to o' hands
for their indemnity and safety, untill his Ma^ie o' Soueraigne
Lord the King shall please to declare his Royall pleasure for
their future settlement, they carrying themselues peaceably and
inoffenciuely.
The Court is adjourned to the 2^ Thursday in March, except
the Gouerno"^ or Councill see cause to call it sooner.
This Court doth thankfully acknowledge the fauor the Gou-
ernr hath shewed to this o"" Colony, in his great paynes in pro-
cureing c Charter of his Matie o'' Soueraigne, and doe hereby
discharge him from those seuerall summes of mony that he hath
rec^ of the Colony ;
And the Worpii Gouernor doth hereby discharge and acquitt
the Colony of Conecticutt from all farther claimes for his paynes
and charge about the premises.
At a Session of the Gen^i Assembly at Hartford, March
10th, 1663.
John Winthrop Esqf, Gou"".
Assis".
Mr. Allyn, Mr. Woolcot,
Mr. Willys, Mr. Clark,
Mr. Treat, Mr. Allyn, et Sec'y.
OF CONNECTICUT. 417
Deputies :
Mr. Wadsworth, Tho: Judd, John Nott,
Mr. Fitch, Mr. Jehu Burre, Wm. Cheny,
Capt. Newbery, John Bankes, Tho: Tracy,
Lnt Fyler, Nath: White, Tho: Leppingwell,
Anth: Hawkins, Samii Boreman, Mr. Rob: Chapman.
This Court doth order that the charge and expence of Mr.
John Tinkers sicknesse and funerall shall be payd by the Pub-
liqe Treasury, which is 8 : 6 : 4.
This Court doth nominate and appoynte Mr. Willys and Cap*
Tallcott to take the Marshalls acco* of what he hath expended
on the Contreys acco*, to the Dutch agents.
This Court upon a consideration of a petition presented from
seuerall of the proprietors of the lands on the East side of the
Great Riuer, in refference to fencing the said lands, doe ther-
fore see meet to desire and order the said proprietors in the
seuerall Townes, to consider of the aduantages and disaduan-
tages that may accrew to the Publique in the premises, and to
p^sent their apprehensions and determination of y^ m[ajor] part
of the said proprietors at the next Gen^i Assembly, in May.
This Court orders Tho: Edwards and the rest of the inhabit-
ants at Hockanum, all aboue sixteen yeares old, to take some
speedy oppertunity to make two Bridges, the one ouer the
Brook at the place called Sadler Ordnary, the other at Frog
Brook, where may be most sutable ; in each Bridge to lay three
Trees, so hewed that they may be sufficient for horses to passe
safe ouer. Thomas Edward is to ouersee the work, and is em-
powered to call the rest of the pi'sons forth to performe the work,
according to the Courts expectation herein ; and the Court
allowes ten shillings towards the work, out of the Publiq' Treas-
ury; it is to be finished before May Court. They are to mark
out the way from y^ Common way to the Bridge at Frog
Brook.
This Court doth remitt John Betts fine of 30s.
This Court understanding that trouble is like to ensue upon
the apprehension of seuerall inhabitants amongst us respectinge
the priuiledge of Freemen, and who are to make choyce of Dep-
utyes and publiq' officers in the Corporation, for preuehtion
wherof, doe declare and order, that only such as haue been or
418 PUBLIC RECORDS
shall be orderly admitted freemen of this Company, by the
Gen^i Assembly, shall haue their votes in chooseing Deputyes
and other publique officers for the Corporation, as Gouerno"^*
Deputy Gouernor, Magistrates.
[192] This Court, upon good advise, doe see cause to take of
the sequestration formerly laid upon the estate of Edward Hop-
kins Esq"", w^h for seuerall good reasons was laid under restreint,
partly because an authentick coppy of the will of y^ s^ Edward
Hopkins Esq"^ did not appeare for y^ orderly dispose thereof,
and partly because an attested Inuentory of the said estate hath
not as yett been exhibited to this Court, yett now being hope-
lesse, because of the discease of Cap*^ John CuUick, to obteine
the said Inuentory, this Court doth order as before mentioned.
This Court grants license to John Westall, to sell wine and
liquers by retaile in his house, so he do not suffer men to tipple
in his house contrary to lawe, but attends the contrary orders
in that respect.
This Court orders, that the letter w^^ the warrant and in-
structions to the Marshall respecting Mr. John Scott, that haue
been read in the Court, shall be attended.
This Court orders that the bownds of Seabrook shall be six
mile and an half from the Neck gate, westward.
This Court doth grant liberty to Mr. Thomas Pell to buy all
that land of the Indian proprietors between West Chester and
Hudsons Riuer, (that makes Manhatoes an Island,) and lay it
to West Chester, prouided that it be not purchased by any be-
fore, nor in their possession.
This Court desires Mr. Henry Woolcott, Mr. Willis and Mr.
Wadsworth, to go to N: London to assist the Major in keeping
a Court at N: London, the l^t Wedensday in Aprill next.
This Court desires the Deputyes of Fairfeild to signify to the
Towne of Norwake that the Court will state the bounds be-
tween them and Fairfeild, the next Session in May.
To pi'uent future inconueniences that may arise between
Saybrook and Homonoscitt plantations, and for a full issue of
the case, this Court orders that the bounds between y^ said
plantations shall be where the common passage ouer Manunke-
tesek Riuer is, and so to run north into the Country and south
into the sea. The former vote concerning the bounds of these
OF CONNECTICUT. 419
plantations is retracted. Mr. Rossiter, Mathew Griswold and
Joh: West are to lay out the bowndes according to order of
Court.
This Court orders, that the Towne of New London shall pay
unto Ens: Waller, Mathew Griswald and Thomas Minor what
is due unto them for laying out the bounds of N: London; to
Ens: Waller, for two voyages, 155. ; to Math: Griswold, 15s.; to
Thomas Minor, w* is his due, at 35. a day, himself & horse.
This Court grants unto Mr. Mathew Allyn, liberty to take up
that meadow at Catch, beyond Goodman Bissell, on the East
side of the Riuer, and what upland he pleaseth, so he exceeds
not his former grant. What Mr. Allyn takes up at this place
is to go onwards of his former grant ; and Edward Griswald
and Josias Hull are appointed to lay out this land for Mr.
Allyn, he paying of them for their paynes.
This Court grants Mr. Phelps, 200 acres of upland and twenty
of meadow, wher he can find it ; prouided it prejudice not for-
mer grants and plantations sett up and to sett up.
The Deputies of Saybrook presenting to this Court their in-
tendments to set up a plantation on the East side of the great
Riuer, and also maintayn a plantation on the West side, and
desireing some enlargm* of their bounds, this Court haueing
considered their desires, do enlarge their bownds, fower miles
on each side of the Riuer northward, prouided they do make
two plantations, as afores^, within the space of three yeares
from the date hereof; and also, o"" Honor*' Gouernor haueing
made choyce of the Brook that runs into the great Riuer, near
Twelue Mile Island, to sett a saw mill on, and a cedar swamp
near adjoyning to the said brook or riuer, by vertue of a former
grant. May 21th, 1653, this Court graunts it to him, according
to his former grant, and excepts it in the forementioned grant
to Seabrooke.
This Court doth nominate and appoynt these to be put to y^
election, at May Court next, for Assists; Cap' Ben: Newbery,
Anthony Howkins, Capt Young, Mr. Fayrchild, Mr. Edward
Palmes.
[193] This Court orders, that if any person in this Colony
shall refuse or neglect to giue in a true acco^ of any sorte of his
Cattell to the Listmakers or their agents, when demaunded, in
420 PUBLIC RECORDS
the respectiue Townes, or shall leaue out any parte of them, he
shall forfeit for euery such defect the estate left out, the one
half to the Publiq' Treasury, and the other half to the person
discouering the same, and prosecuting it to effect.
The Church of Christ at Winsor complaynes of James Enoe
and Michaell Humphrey, for seuerall things contayned in a pa-
per presented to the Court. Mr. Clarke, in behalf of the Church
complaynes of James Enoe and Michaell Humphrey for a mis-
dameanor, in offering violence to an establisht law of this Col-
ony. Mr. Clark withdrawes this charge.
This Court grants liberty and impowers the Major to take
the conuenient time, and what assises he judgeth meet, to pur-
chase what land he can of the Indians for the use and benefitt
of the CoUony of Connecticutt.
This Court, for the encouragement of any person that will
lay out himself for the discouery of any mines or mineralls &c.,
doe order, that whosoeuer shall make such discoueryes, and
purchase it for the Countrey, he shall be hono^'ably rewarded,
out of what he doth discouer as aforesayd.
This Court hauing seriously considered the case respecting
James Ennoe and Michaell Humphrey, doe declare such prac-
tises to be ofFensiue, and may proue prejudiciall to the wellfare
of this Collony, and this Court expects they will readily come
to the acknowledgment of their error in the paper by them pre-
sented to the Church, wherupon the Court respitts and remitts
the sensure due for their offence, prouided answerable reforma-
tion doth foUowe, expecting that their lenity therein will winne
upon the spiritts of those concerned in this case. And this
Court doth approue of the pious and prudent care of Windsor,
in seeking out for a supply and help in the ministry, Mr. War-
ham growing ancient ; and do order all persons in the sayd
plantation to allow their proportion towards the competent
maintenance of such a supply in the ministry. And the Court
desires a friendly correspondency may be maintayned at Wind-
sor, as if this trouble had neuer been ; this Court declaring their
readyness to mayntayne all the just priuiledges of all the mem-
bers of this Corporation.
It is ordered by this Court, that y^ p^ticulars complayned
agaynst Mr. John Scott, be drawn out and sent downe to the
OF CONNECTICUT. 421
present ciuil officers, the conseruators of the peace of his Mamies
subjects at New Hauen, Milford, &c., and fully declared unto
them, and to demand the said officers, in the Kings name, to
apprehend or cause to be apprehended the body of the said
Scott, and peaceably to deliuer him unto the custody of C Mar-
shall, that he may be brought unto a tryall at Connecticutt, and
that he may be proceeded w^h according to law, and in case the
said officers neglect or refuse to attend o"" demand herein, that
then we doe charge them as being guilty of abetting and con-
cealing a malefactor, therby preuenting the execution of justice,
and so o"^ officer to returne and declare their answer under the
hand or hands of such officer or officers to whom the demand is
made, unlesse they refuse to declare their answer in writing.
To all his Ma^'es Subjects within these parts of c Royall
Soueraigne Charles, King of England, Scotland, France & Ire-
land, his Dominions in New England in America, especially
those plantations scituate wt^in the limitts of the Corporation
of Connecticutt, These presents doe declare and proclaime, (as
followeth :)
That forasmuch as John Scott, inhabitant w^^^in the Liber-
tyes of Ashford (alias Setawkit,) on Long Island, stands charged
in the Court at Connecticut for sundry hainous crimes and
practises seditious, to the great disturbance of the peace of his
Maties subjects on the Island aforesayd; perticularly, as follow-
eth,—
1. Speaking words tending to the defamation of the Kings
Majesty ;
2diy. Seditious practises and tumultuous carriages in seuerall
Plantations ;
3^h. Abetting and incouraging the natiues in hostile prac-
tises against one another ;
[194] 4. Vsurpeing the authority of the King in tendring to
pardon treason, as Scott called the crime, for bribes;
5. Threatning his Ma^'es subjects with hanging and banish-
ment ;
6. Grosse and notorious prophanation of God's hoi)- day ;
7. Forgery, and violation of his solemne oath ;
8. Acting treachourously to the Colony of Connecticutt ;
9. Usurpeing authority, upon pretence of a commission ;
37
422 PUBLIC RECORDS
10. Calumniating a Commission officer in this Corporation,
w*^ the charge of villanous and felloneous practices ;
We doe therfore in his M^ies name desire and expect all and
euery ciuill officer who are conseriiators of the peace of his
Mamies subjects within the Plantations of N: Hauen, Milford,
Brainford, Stratford, Fairefeild, &c., whersoeuer the said Scott
is resident, forthwth upon receipt and knowledge of the con-
tents of the premises, to apprehend or cause to be apprehended
the body of the said Scott, and peaceably to deliuer him unto
the custody of o' Marshall, Jonathan Gilbert and his aiders,
that so he may be conducted securely to Hartford, that so the
said Scott may come to a due triall according to law, for the
crimes herein specified, according to his Mamies Commission to
this Corporation of Connecticutt.
God saue the King.
You are hereby authorized, and in hisMa^i^s Name required,
upon the surrendry made of ye body of John Scott unto yo'^
custody, by any of the ciuill officers within the plantations of
N: Hauen, Branford, Milford, Stratford, Fairfeild, &c., to bring
the s<^ Scott under safe conduct to the goal at Hartford, there
to be secured to a triall for seuerall crimes laid to his charge ;
and you are further required to make diligent enquiry wher the
said Scott is resident, and hauing certaine intelligence, you are
forthwith to repair to the ciuill officers or officer in that Towne,
and to open the declaration, or proclamation, and the same to
read unto them, or otherwise cause him to know the contents
therof, and so to demand his answer ; and if he or they shall
neglect or refuse to obserue and attend what is therin demand-
ed, desire him or them to signify the same unto Authority here
establisht, and hauing receiued the answer you are to return
unto yo"^ habitation and giue in the accompt of jo^ pi'ceeds to
the Worpii Magistrates at Hartford. You are further required
to desire and demand a speedy answer from the officer or offi-
cers to whom you apply yourself for Scotts apprehending ; and
in case the answer be unessessarily retai^ded, you are, in this
Courts name to charge the said officer with abetting and con-
cealing a malefactor, therby obstructing the course of justice.
But in case Scott be gone beyond Stratford Riuer, you are to
OF CONNECTICUT. 423
attend the execution of yo"* office by apprehending the said
Scott and conducting him safely, as before exprest.
March 19*^. It is voated in the Genii Court that John Gil-
bert shall be allowed Eleuen pownds out of the Publique Treas-
ury, for and in consideration of his horse that dyed in the
Countrey's seruice.
This Court have voated Mr. Willis and Mr. Math: AUyn to
go ouer to Long Island to settle the Gouerm* on the West end
of the Island, according to the aggreemt at Hempsted, in Feb""
last ; and those Gentlennn are desired to issue the matter twixt
J: Scott & Bloomer. And they are farther desired to take in
vv^th them the assistance of the Commissionrs in those Townes,
for the regulateing of any disturbances, as occasion is p'sented.
[195] The seuerall propositions propounded to the Court for
Answer, by Walter Salter.
1 Qu: Whether we are taken by Patent right, or not ?
1 A: The Lines of Connecticutt Patent extending to the ad-
joyning Islands, and y^ Townes on the west end of the Island
applying themselues to this Gouerm* for rule and pi'tection and
settlemt in Gouerm*, and declaritiuely expressing the same by
their Deputies at Hempsted, in Feb: last, upon the grounds
foregoing we declare our acceptance of those Townes under
the Gouerm' of Connecticutt.
2 Q: Whether this Court ownes and will mayntayne the
Commission of Mr. Allyn,, and what he hath done upon the
west end of Long Island ?
An: In refference to the p^secution of the settlem* of Gou-
erm* in those Towns by Mr. Allyn, and the issue that was
aggi'eed on by him, w^h the Assembly at Hempsted, as specified
in a writing wti» us, wherein the Deputyes of the seuerall plan-
tations there, in behalf of y^ s*! Townes, expresse their joynt
submission to this Gouerm*, we do own and accept those
Townes under o"" present care and gouerm*.
3 Q: Whether by what Mr. Allyn brought from Long Isl-
and, Connecticut hath power to command us, or not ?
An: We judge according to what is returned to this Assem-
424 PUBLIC RECORDS
bly by Mr. Allen, so farr as we can creditt the coppy attested
by Anthony Waters, nominated to be Clark of the Assembly at
Hempsted, that this Assembly hath power to require obedience
of the persons in those Townes to the authority establisht by o"^
Royall Soueraigne Charles the 2^, in the Corporation of Con-
necticut!.
These Answers were voted by the Court.
This Court doth order that y^ 2^ Wedensday in Aprill next,
be solemnly kept a day of publique humiliation, throughout this
Collony, to seek to God that he would graciously be pleased to
smile upon us, and succeed the labors and endeauo^ ^ of his peo-
ple, in the occasions of the ensuing yeare ; that health may be
continued amongst us, that peace and truth may be establisht
amongst c^selues and throughout his Matins Dominions.
This Court votes that Mr. Aliens charges of Mr. Clark, which
were presented to the Court, are not proved by Mr. Allen.
Mr. Allyn, Cap* Tallcott,
Mr. Willys, John Allyn.
The Magistrates order the Secretary to giue Mr. Hicks a
coppy of the pi'clamation against Mr. Scott, and to insert that
the plantations of the Island are required by their officers, to act
as the plantations of N: Hauen, Milford, Stratford, &c. in the
mayne, in refference to the apprehending of Mr. Scott ; and
Hicks is to haue the exemplification.
The Magistrates doe also desire and aduise the Inhabitants
of Hempsted, in case Thomas Rushmore do continue to oppose
the Gouermt of Connecticutt, to chuse an able and judicious
man to the office of a Constable, and Mr. Hicks to administer
the oath to him, they haueing first displaced the sayd Rush-
more.
And it is also ordered, that all the inhabitants in the English
Townes on the west end of Long Island, yeild obedience and
submitt to the Gouerment of those officers that were chosen by
the respectiue Townes according to the aduise of the Collony
of Connecticutt ; and all pretended officers are to stand by.
of connecticut. 425
[196] At a Generall Assembly held at Hartford, May
THE 12t'i, 1664, FOR Election.
These are to be put to y^ election: — John Winthrop Esq^,
Major Mason Esq^, Mr. Mathew Allyn, Mr. Samuell Willys,
Mr. Richard Treat, Mr. Nathan Gold, Capt Thomas Topping,
Cap* John Tallcott, Mr. Henry Woolcott, Mr. Dan^ Clarke ,
John Allyn, Mr. Sarn^i Shearman, Mr. John Howell, Mr. Thirs-
tin Reynor, Cap* Benja: Nubery, Mr. Antho: Howkins, Cap'
John Younge, Mr. Tho: Fayrechild, Mr. Edw: Palmes, Mr.
Bond, Mr. Mulford.
These were elected by the freemen : —
John Winthrop Esq"", Gou""".
Major Mason, Dep*: Gouernr.
Assist".
Mr. Math: Allyn, Mr. Henry Woolcott,
Mr. Sami- Willys, Mr. Dan" Clarke,
Mr. Richard Treate, John Allyn <^ Sec^y,
Mr. Nathan Gold, Mr. Samii Shearman,
Capt Thorn: Topping, Mr. John Howell,
Capt John Tallcott Sf Treasurer, Cap* John Younge.
The freemen voted that the Gen^i Assembly should chuse the
Commissioners for the year ensueing.
The Deputies of the Court are : —
Mr. W. Wadsworth, Nath: White, Rich: Olmsted,
Mr. Wm. Gaylerd, Mr. Joseph Fitch, Rob: Warner,
Samuel Boarman, Mr. John Bissell, Ens: Auery,
Mr. Thorn: Pell, John Nott, Barnabas Wines,
Thom: Hallsey Sen^, John Bankes, Mr. Rich: Woodhall,
Hugh Calkine, John Jessop, Cary Latham,
Mr. Anth: Howkins, John Standly, Capt: Seely,
Mr. Tho: Fayrechild, Ens: Judson, John Ketcham.
Mr. Campfield,
John Norton, John Jud, Sam^i Buell, Timothy Phelps, Tho:
Jud, Mr. Hamlin, Sam^i Olcott ; — these were made free in
Court.
Mr. John Hicks, Mr. Rob: Coe, Capt John Coe, Mr. Wm.
37*
426 PUBLIC RECORDS
Hallett were appoynted by the Townes to which they doe be-
long to attend the Court.*
This Court orders, that in case the Gouernour or Deputy
Goun'', after y^ Genii Assembly is once constituted, should by
reason of sicknes or other speciall occations be absent from the
Court, that then the Court chuse one to act as Moderator in y^
Court, both in ordering speech and silence, and in putting things
to vote.
This Court doth nominate and appoynt these to be Comission-
ers in the respectiue Towns to which they doe belonge ; — Mr.
Anthony Howkins, for Farmington ; Mr. Campfield, for Nor-
walke ; Mr. Rob: Chapman & Mr. John Clark, for Saybrook ;
Mr. Bruen & Mr. Palmes, Ens^ Auery, for New London ; Mr.
Fayrechild, for Stratford; Mr. Burr, for Fayrefeild ; Mr. Jessop,
for Westchester.
[197]t They are to repair to the next Magistrate to be sworn,
and they are invested with Magistratical power in the several
towns.
Zerubabell Phillips appeals from the particular Court at South
Hampton, December pt, 1663, in the action of trespass com-
menced against him by Joseph Reyner, concerning a pit was
digged in the common, whereby he was damnified ; the appeal
is to the General Court, but now withdrawn.
This Court doth nominate and appoint Mr. William Pitkin,
in the behalf of this Colony, to be their Attorney, to implead
any delinquents in the Colony, till October next.
This Court desires the Major, Mr. Wolcott, Mr. Clark, Mr.
Sherman and John AUyn, to keep the Court on Monday next,
for the trial of such cases or complaints as shall then come un-
der hand, or be presented before them.
Whereas his Majesty hath been graciously pleased to con-
firm unto this Colony, by Charter, all that part of his dominions
* Mr. John Hicks, was from Hempstead ; Mr. Robert Coe, from Jamaica ; Capt. John Coe,
from Newtown ; Mr. Wm. Hallett, from Flushing.
tHere occurs the first, and it Is believed the only break in the original records, so far as they
have been transcribed. A leaf containing pages 197 and 198 has been torn from the volume, —
when, or by whose agency, cannot now be ascertaind. The loss is comparatively recent, since
the volume was entire so late as 1810, when it was copied by direction of the General Assem-
bly and under the supervision of the Secretary of State. From that copy, which is generally
accurate, the missing pages have been supplied.
OF CONNECTICUT. 427
in New England bounded as in the said Charter is expressed,
with the Islands adjoining, This Court doth declare, that they
claim Long Island for one of those adjoining Islands expressed
in the Charter, except a precedent right doth appear, approued
by his Majesty.
This Court doth desire and request the WorshipfuU Gouern-
our, Mr. Mathew Allyn, Mr. Willys and Captain Young to go
over to Long Island, and to settle the English plantations on
the Island under this Gouerment, according to instructions
given them.
The aforesaid Committee are hereby authorized to erect and
constitute Quarter Courts, or appoint other fit seasons for the
keeping of Court for the administration of justice, that all cases
may be tried according to law, (life, limb and banishment ex-
cepted,) and to do their endeavours so to settle matters, that the
people may be both civilly, peaceably and religiously governed
in the English plantations, so as they may win the heathen to
the knowledge of our Lord and Saviour Jesus Christ, by their
sober and religious conversation, as his Majesty, our Lord the
King requires in his gracious Letters Patents granted to his
subjects here in this Colony ; and in case of crimes of a capital
nature, they are to haue liberty to take the opportunity of the
Courts of Fairfield or Hartford ; the like liberty they have in
case of review ; they may also give oath to those that are ac-
cepted by this Court for freemen on the Island, and to do what
else they judge may conduce for the good of the Colony.
This Court orders, that those who were propounded for free-
men by the Deputies of Norwich, in October last, shall have the
freeman's oath administered unto them, by the Major ;
And that those of West Chester have the oath administered
unto them by Mr. Jessop ;
And that those of Farmington have the oath of freedom ad-
ministered to them by Mr. Hawkins; This Court having ac-
cepted of the persons presented by the Deputies of the aforesaid
towns, as freemen.
This Court accepts Barnabas Wines Jun^, Richard Benja-
min, Caleb Horton, Benjamin Horton, Thomas Hutchinson,
Thomas Moore, Jeffery Jones, for freemen, and Captain Young
is to administer the oath of freemen to them.
428 PUBLIC RECORDS
This Court accepts John Burr to be made free, and Mr. Gould
is hereby authorized to administer the oath of freedom to him.
John Teed, Edward Hornett, Samuel Titus, Thomas Jones,
William Williams, Samuel Ketcham, Joseph Whitman, Thomas
Brush, Caleb Curwithee, Joseph Bayley, John Rogers, Samuel
Wood, Thomas Workes, Henry Whisson, James Chichester,
Henry Ludlow, Thomas Scuddor, John Samwayes, Thomas
Powell, Jonathan Rogers and Isaac Piatt are accepted to be
made free, and the Commissioners of Huntington are to admin-
ister the oath of freedom to them.
Captain Seely and Mr. Wood are appointed Commissioners
for Huntington, and Captain Seely is to administer the Com-
missioners oath to Mr. Wood.
Ensign Avery is authorized to administer the oath of a Com-
missioner to Mr. Bruen and Mr. Palmes.
Mr. Woodhall and John Ketcham are appointed Commis-
sioners for Setawkett ; and were sworn in Court.
Mr. Thurston Rayner is by this Court chosen a Magistrate,
and Mr. John Howell is to administer the oath to him for the
faithfull execution of his office.
Mr. Mulford and Mr. Bond are appointed Magistrates for
East Hampton, and Mr. John Howell is hereby authorized to
administer the oath to them, for the faithful execution of their
places.
This Court doth make choice of Barnabas Horton for a Com-
missioner for South Hold, and Capt. Young is to administer the
oath to him.
Mr. Barton, Henry Bering, Robert Ackerly, John Jener,
Zach: Hawkens, Ralph Hall, are accepted to be made free.
This Court doth nominate Mr. John Hicks and Mr. Richard
Gildersleave Sen"", Commissioners for the town of Hempstead :
And Mr. Robert Coe and Mr. Thomas Benedict, Commis-
sioners for Jamacoe :
And Capt. John Coe and Mr. Richard Betts, Commissioners
for Newtown :
And Mr. William Hallett and Mr. Wm. Noble, Commission-
ers for Flushen :
And Mr. John Rickbell and Robert Ferman, for Oyster Bay,
are Commissioners :
OF CONNECTICUT. 429
And Mr. James Hubbard and Mr. William Wilkins, for
Graves-inn.
This Court invests the several Commissioners on the Island
with Magistraticall power on the Island.
This Court appoynts Tho: Minor and Ens: Tho: Tracy to lay
out the bounds between Saybrook and New London, according
to former grants ; and they two are to begin their measure at
some indifferent place by the riuer side ; prouided if any land
be layd out to any of Saybrook, within the bounds of New Lon-
don, they shall hold their perticuler propriety to those lands,
payeing their just dues to the Towne of New London.*
Ensign Avery engageth to pay ten shillings to the Treasurer
for New London Petition.
The Court refers it to the next session of this Assembly to
grant commission to the several commission officers of the Foot
and Horse throughout this Colony, and desire that it may be
then attended.
Mr. Daniel Clark was by this Court confirmed Captain of the
Troop. And Mr. James Richards is confirmed Leiftenant of
the said Troop, by this Court.
This Court confirms the order respecting the penalty laid
upon those that neglect or refuse to give in a true account of
all sorts of their cattle to the List makers, which order was
made March 10th, 1663.
Mr. John Hicks, Mr. Robert Coe, Capt. John Coe, Mr. Wil-
liam Hallett, had the Commissioners oath administered to them,
in Court.
For Hempstead, This Court accepts of Richard Gildersleave
Sen"", and Richard Gildersleave Jun"", Mr. Foredum, John Car-
penter, Edward Titus, James Pine, Thomas Carle, Thomas
Hicks, John Smithman, Jeremiah Wood, John Smith Jun',
Henry Persell, William Scuddine, William Yeats, Robert Mur-
uen, to be freemen, if they accept of it.
For Jamaicoe, Mr. Walker, Thomas Benedick, Henry Witny,
William Smith, Joseph Smith, Dan Penton, John Bayless, Fulk
Davis, Thomas Benedick, are accepted as freemen, if they ac-
cept it.
* The orthography of this order is made to conform to a copy of it certified by Secretary
John Allyn, in 167=2. [Towns & Lands, I. 98.]
430 PUBLIC RECORDS
For Newtown, Mr. Loveridge, Richard Betts, Samuel Toe,
Caleb Loveridge, Ralph Hunt, John Burrows, John Ramsden,
Nicholas Carter, Gershom Moore, James Christy, are accepted
as freemen, if they accept of it.
For Flushin, William Noble, Elias Watty,* Walter Salter,
Richard Weller, John Thorne, Nicholas Persell, Thomas
[ t] Jonathan [ f ] William Salsbee, John
Heeded, are accepted as freemen, if they accept it.
[199] This Court made choyce of the WorpH Gouernour and
Mr. Math: Allyn for Commissioners for the year ensuing ; Mr.
Willys is appoynted for a reserue.
This Court doth grant liberty to the Marshall to retaile wine,
vntill some other be provided to supply w^h wine, that the Court
approues of, or the Court call in this lycense ; he attending the
order in the premises.
The Court made choyce of Jonathan Gilbert for Marshall
for the year ensueing.
May 19. The Court is adjourned till to morrow eight of the
clock.
The Major & the Com^s of New London are desired to take
a speedy course to secure the fine due from Clay, and to issue
any misdemeanor" at New London or Saybrook as speedy as
may be, and the Major may desire some other help if he sees it
necessary.
This Court doth appoynt Mr. Wadsworth & Mr. Fitch to
make an addition to the prison house, so as they judg meete for
the conueniency of the Countrey, vpon the Countreys acco*.
This Court upon due deliberation doth order, that all the es-
tate of Mr. John Scott w^hin this Colony be sequestred vntill
the Court order otherwise ; and y^ Comics in the seuerall
Townes are hereby ordered to take an exact Inuoyes of all the
sayd Scotts estate as remaynes in their respectiue Townes, and
see it be secured and kept from imbezelment dureing the Courts
pleasure.
This Court orders that Mr. Hagborns vessell that Ralph
Parker and Sam: Chester prized at one hundred pounds, shall
be delivered at that prize to Ln* Bull, (for Mr. Russels vse,) by
♦ Doughty 1 Eliaa Doughty had been a Magistrate in Flushing, the year previous.
t These blanks occur in the copy of 1810.
OF CONNECTICUT. 431
the Constable of New London, to answer in part the verdict of
the Court that Ln* Bull, as Mr. Russels attourney, recouered
agnst Samuel Hagborn ; and for the remaynder of the verdict,
the Constable of New London is to secure the person of the
sayd Hagborn untill he doth produce some currant reall estate
to answer y^ verdict, which estate when it is produced, it is to
be apprized by Ens: Auery, Mr. Palmes, Shepherd Smith, Mr.
Duglass, or any three of them, and the estate to be deliuered to
Lnt Bull as afoarsayd. The bills are to be returned agayne to
Mr. Hagborn, that are in the Constables hand, and when the
debt is answered the sayd Hagborn is to be releassed.
The Court is adjourned till the Gouerno^, or Dep: Gouernour
see cause to call it agayne.
May 24tii: 1664 : The Councill order the Treasurer, in those
Warrants that now he sends forth to Long Island for the Rate,
should be payd in Wheat and Pease, or that which is equiu-
olent.
[200] At a Generall Assembly held at Hartford, Octob^
13th, 1G64.
John Winthrop Esq^, Goun"",
Major Mason, Dep* Gou''.
Mr. Mathew AUyn, Capt John Young,
Mr. Sam" Willys, Mr. John Howell,
Mr. Henry Woolcott, Mr. Sam^i Shearman.
John Allyn, ^ Secrefy.
Deputies :
Mr. Wm. Wadsworth, Francis Griswold,
Mr. Jos: Fitch, Mr. Thomas Fairchild,
Capt. Benj. Nubery, Mr. Isack Nichols,
Mr. John Moore, Mr. Rob: Chapman,
John Nott, Ens: Wm. Waller,
Sam^i Boreman, Thomas Hunt,
Mr. Antho: Howkins, Lnt John Budd,
Sargt John Standley, Sargt Wm. Cornwell,
Mr. Cornel: Hull, Wm. Cheeny,
Mr. John Bankes, Ens: James Aucry,
432 PUBLIC RECORDS
Mr. Math: Campfeild, Mr. James Rogers,
Ln* Rich: Olmsteed, Mr. Wm. Chesbrough.
The Major propounding to the Court to take up his former
grant of a farme, at a place by the Indians called Pomakuck,
neer Norwich, The Court grants liberty to him to take up his
former grant in that place, upon the same tearms as it was
granted to him by the Court. Ens: Thomas Tracy and Francis
Griswold are appoynted to lay it out, according to the former
grant.
Whereas, Mr. Wm. Thomson, of New London, is remoueing
himselfe from thence to Virginia, and is indebted by Bills the
sume of Twenty nine pounds, seven shillings and fower pence,
which Bill is in the hands of John Packer, This Court orders
the Constable of New London to secure so much of the estate
of Mr. Thomson in his hands, as it shall be apprized by indiffer-
ent men, and the sayd Constable is to keep it in his hands, till
he hath order from this Court or the Court of Magistrates, to
dispose of it to the right owner which is according to Mr. Thom-
sons tender to the Court of Magistrats, Octob'' IV^, 1664.
This Court orders, that if any officer or soldier shall neglect
or refuse to attend the command of their chiefe comander in any
parte of the time of their exercise, they shall forfeit for euery
such defect two shillings, which the dark of the band is hereby
authorized to distreine, which fine is to be improued for the use
of the company, and in case they haue not where w^^all to pay
there fine, the officers are hereby impowered to cause such other
punishment to be inflicted upon them as the nature of there of-
fence shall deserue.
The list of estates presented : —
For Hartford, 19365 : 18 : 0 For Stratford, 10227 : 11 : 0
For Windsor, 16763 : 00 : 0 For Fayrefeild, 11746 : 11 : 0
For Wethersfeild,11987 : 02 : 0 For Norwalke, 5230 : 17 : 0
For Farmington, 07021 : 11 : 0 For New London, 8040 : 60 : 0
For Norwidge, 03892 : 00 : 0 For Say brook, 8397 : 12 : 0
For Middleton, 03583 : 06 : 0
For Fayrefeild, John Bur, Rob: Turny, John Knowles, Joseph
Lockwod, Rob: Beecham, Simon Crowch, John Barlow Sen^,
John Barlow Jun"", James Euarts, Peter Cooly, Thomas Sher-
wood, Wm. Heyden, John Growman, Francis Bradley, John
OF CONNECTICUT. 433
Hoite, Steuen Sherwood, Nath: Burr, Rich: Lyon, Mr. Wake-
man, Thomas Bennit, Thomas Wilson, James Bears, John Odill,
Sam^i Morehouse, Thomas Morehouse, Mathevv Sherwood,
Richard Hubbell, were accepted to be made free, and Mr.
[201] Gould II and Mr. Sherman are appoynted to administer
the oath of ireedome to them in [ ] next, if nothing fall in
as a just exception in the interem.
For Norvvalke, Danii Kellog, Math: Maruen, Thomas Betts,
Mark Senssion, John Bouten, Edward Nash, Thomas Lupton,
are accepted to be made free, and Mr. Campfeild is to adminis-
ter the oath of freedome to them in May next, if nothing fall
in as a just exception against either of them in the interrem.
This Court orders, that all dwelling houses and barnes, shall
for the future be exempted from the list of estates, and all other
houses except warehouses.
For Farmington, Wm. Corbett is propownded for a freeman.
This Court doth grant Mr. John Westall a lycense to keep an
ordinary or house of enterteinment, at Saybrook.
This Court appoyntes Ens: Waller to act as an administra-
tor w*^ John Clarke Sen^" in the ordering and disposall of the
estate of Joseph Clarke, according to his will.
This Court orders Sam'^ Boreman, Mr. Chester & Sam^'
Wells to dispose of the estate of Math: Williams his wife, for the
payment of what debts are due from the estate, so farr as it
will goe.
This Court orders that Colonell Nichols, and the rest of the
Coral's be presented w^h fiue hundred bush: of Corn, as a pres-
ent from this Colony.
This Court abate John Prentice halfe his fine of fiue pownds,
&; he is to pay ten shillings for his petition.
Mistick & Pawcatuck haueing by Mr. Cheesbrook petitioned
this Court for their fauoure to pass by their offences, the Court
haueing considered the same doe hereby declare that what irreg-
ularities or abusiue practices haue proceeded from them, where-
by they haue seemed to offer contempt to the authority here
established, it shall be forgiuen and buryed in perpetuall obliu-
ion and forgetfuUness, and this to extend it selfe to all y^ mem-
bers of the afoarsayd plantation, Captayn Denisononely except.
38
434 PUBLIC RECORDS
ed, "whoe hath neglected or refused to submitt himselfe peacea-
bly to the order of the Councill of this Colony.
This Court expects and orders that Mistick & Pawcatuck
doe present a true list of their estates to the Treasurer, wthin,
the space of a moneth, and that they be rated according to their
proportions, for this year and the last, w*^ other Townes ; they
are to take a list of all the cattell that they had in August last,
and those cattell that are left out of their list shall be forfeited,
which is according to order of Court ; and they are allso to
pay twenty pownds, which is their proportion of the Patent
rate.
This Court grants Sam^i Gibbs a lycense to sell nine or ten
quarter caske of Wine, by the gallon, to his neighbours or those
that will buy it ; and he freely presents the Court w^h an anchor
of the best of his wine, which the Court desires him to leaue
wth the Gouernour.
The Court appoynted Mr. Campfeild, Deacon More, Mr,
Fayrechild, Mr. Hull and Ln* Olmsteed, as a Comittee to ripen
the busines respecting the calfe in controuersie between Mr.
Lord and Dan^i Cone, whoe returne that they haueing veiwed
the sayd beast and the evidences of both sides, doe iudge it to
be Mr. Lord's steare. The Court confirmes this y^ determina-
tion that the stear doth belong to Mr. Lord.
The Maior testifyeth that Vncass did beat out Sunckquasson
and his men out of theire country in a just warre (as Mr. Haines
and the Major conceiued,) and deliuered vp his right from
Tomheganomset upwards to the English, whoe gaue the sayd
Sunckquasson and his men leaue to hunt to that Brooke ; and
there was a parcel of land at Wonggum reserued for the pos-
terity of Sowheage.
The Court orders that Vncass his couenant about the Pe-
quitts &c., and his right to the lands at and about New London,
shall be duely considered by the Court, and issued (as allso
Quinibage lands,) in some conuenient time the next Court.
Major Mason testifyes that James, alias Allums, did (before
Vncass and many other Indians) in his presence affirm that he
had giuen all his land to old Mr. Winthrop. It was at the same
time when they receiued a letter from Mr. Endicott, wherein
he thankt him for land they had giuen him.
OF CONNECTICUT. 435
[202] This Court doth hereby impower Mr. Wm. Cheesbrooke,
Mr. Thomas Stanton and Mr. Thomas Minor, to issue and
determine all cases that shall be brought before them, to the
value of forty shillings, to grant summons according to lawe
to any that desire it, to summon men to appeare before them or
at any Court in this Colony, and to marry persons, and punish
for criminall matters to the value of forty shillings, or by stocks.
This Court doth nominate and appoynt Major Mason, Mr.
Math: Allyn, Mr. Willys, Capt: Tallcott, Capt: Newbery, or
any three of them, to be a Committee in the behalfe of this
Colony to use their endeauours to issue and setle the bownds of
the Colony between the Bay and vs, and Road Island and vs,
and o"" Sowth bownds ; and this Court doth order and deter-
mine that the sayd Committee shall not giue away any parte of
the bownds of or Charter ; and what c Committee shall doe in
the premises, according to this order, is hereby rattifyed and
confirmed. Mr. John Allyn is to attend this seruice in the ab-
sence of the Major or his Father.
Mr. James Richards was admitted a freeman of this Cor-
poration, and accordingly the oath of freedome was administred
to him.
Mr. Danii Clarke refuseing to accept of the place of an
Assist, Mr. James Richards was chosen an Assis' for this Col-
ony, till the election in May next, and had the oath administred
to him.
Mr. Allyn Sen^ or Jun>-, Mr. Gold, Mr. Richards and Capt:
"Winthrop are desired to accompany the Gouernour to New
Yorke, to congratulate his Majesties Honourable Corn''s. And
if an oppertunety offer itselfe that they can issue the bounds
between the Dukes Patten & o^s (so as in theire judgments
may be to the satisfaction of the Court) they are impowred to
attend the same. Mr. Howell and Capt: Young are desired to
atend the same seruice.
The Court orders that Mr. Clarkes paper left in Court shall
be giuen to him, or his name rasd out of it by the Secretary.
The Court grants a rate of two pence farthing upon the
pound, for all the rateable estate of the Colony.
This Court leaues it w^^ the Councill to appoint a fitting
season for a day of Thanksgiueing.
436 PUBLIC RECORDS
The Court doe order that the Committee that doe goe to
New Yorke shall consider Case his businesse
The Court, upon the complaint of Dan^i Garrad that Mr.
John Scott made an escape from him, being in his debt for dyat
and time tending on him, twelue weekes, and for other expen-
ces, This Court grants him ten pownds for it, out of John
Scotts estate, if he can com at it, and Capt: Young is desired
to help him to it.
This Court grants Mr. Pitkin, Twenty Nobles, out of Mr.
Scotts fine, for his paines in prosecuteing the sayd Scott.
This Court grants Mr. Sam^i Sherman a farme of two hun-
dred and fifty acres of land upon New Hauen Riuer, whereof
fifty acres may be meadow, so it be out of the bounds of the
Towne.
This Court grants Mr. Math: Allyn liberty to take up a lott
at Homonoscitt, though he doth not goe to dwell on it, and en-
joy it, him and his heirs foreuer.
This Court orders that Ln^ Bud continue in his place of Com*'
for Hasting and Rye, vntill the Court order otherwise, or the
Goun"^ and Gent^i that goe to New Yorke.
This Court orders the Treasurer by his Warrant to require
the Constable of Sowthhold to gather a rate upon the inhabit-
ance of the saide Towne, to the same value as he doth on the
Towne of East Hampton.
[203] A letter was drawn up and sent to East Hampton, the
contents whereof were as followeth :
Gent°: Respects being presented, these lines are to acquainte
you that we are informed by persons of creditt, that there is a
mare of Sowth Hampton shott (by some of your inhabiiance,
as is supposed,) which (if it be true) we cannot but look at it
as very vnneighbcurly, and doe desire that such unneighbourly
and unchristian motions be forborne for the future, and desire
that due sattisfaction may be made for such damage as the
owner of the mare receiues by her being shott, w^i^out any
suits of law. We doe allso desire that you would be pleased
this winter season to provide and make a sufficient fence about
your improueable lands, that soe you may secure your labour
from damage by cattell, (water-fences will not be judged suffi-
cient, where it is passable for cattell w^'^out swiming, at low
water,) and in the mean season, that you doe not exact dam-
age, or trouble men by impounding there cattell, vntill you haue
made a sufficient fenc about your feilds, not els. Desiring your
OF CONNECTICUT, 437
complyance w'*^ o'' desires in the premises, we rest, Your as-
sured freinds, The Geii'i Assembly of the Colony of Conecti-
cutt. Signed p^ their order, p'' me,
John Allyn, Secrefy.
This Court desires and appoyntes Mr. Sherman and the
Secrefy to goe to New Haven, &c. and, by order from this
Court, in his Majesties name, to require all the inhabitance of
New Hauen, Milford, Branford &, Guilford, Standford, to sub-
mit to the Gouerment here established by his Majesties gracious
grant to this Colony, and to take there answer. And they are
hereby authorized to declare all the present freemen of New
Hauen, Milford, Brandford, Guilford & Standford, that are
qualifyed according to lawe, to be freemen of this corporation,
soe many of them as shall accept of the same and take the
freemans oath. And they are hereby authorized to make as
many freemen as they shall by sufficient testimony finde qual-
lyfyed, according to order of Court, in that respect, and to ad-
minister the oath of freedom to them.
They are also to declare, that this Court doth inuest Wm.
Leete Esq^, Wm. Joanes Esq"-, Mr. Gilbert, Mr. Fenn, Mr.
Crane, Mr. Treat, Mr. Lawes, w^h Magistraticall power, to
assist in the Gouerment of those plantations and the people
thereof, according to the lawes of this corporation, or so many
of theire owne lawes and orders as are not contradictory to
the tenc of our Charter, vntill May next ; and if any of these
aboue named refuse to accept to gouern the people as afoarsayd,
then Mr. Shearman and the Secrefy are hereby authorized to
appoynt some other fitt persons in there roome, and to adminis-
ter an oath to them for the faythfuU execution of the trust com-
mitted to them. And to declare that all other military and
ciuill officers are established in their respectiue places, vntill
the Court in May next.
And they are allso, by order from this Court, to declare that
they will not call to acco* what hath formerly passed to an is-
sue in their courts of judicature.
This Court desires Mr, Allyn and Mr. Richards to attend the
searuice that Mr. Shearman and the Secrefy were to attend
at Standford.
(This Court vnderstanding by a writing presented to them
38*
438 PUBLIC RECORDS
from seuerall persons of this Colony, that they are agrieved
that they are not interteined in church fellowship ; This Court
haueing duely considered the same, desireing that the rules of
Christ may be attended, doe commend it to the ministers and
churches in this Colony to consider whither it be not their duty
to enterteine all such persons, whoe are of an honest and godly
conuersation, haueing a competency of knowledg in the prin-
ciples of religion, and shall desire to joyne w^h them in church
fellowship, by an explicitt couenant, and that they haue their
children baptized, and that all the children of the church be
accepted and accord reall members of the church, and that the
church exercise a due christian care and watch ouer them ; and
that when they are growne up, being examined by the officer
[204] in the presence of the church, || it appeares, in the judg-
ment of charity, they are duely qualifyed to perticipate in that
great ordinance of the Lords Supper, by theire being able to
examine themselues and discerne the Lords body, such persons
be admitted to full comunion.
The Court desires y* the seuerall officers of y^ respectiue
churches, would be pleased to consider whither it be not the
duty of the Court to order the churches to practice according
to the premises, if they doe not practice w*^^out such an order.
If any dissent from the contents of this writing they are de-
sired to help the Court w^i^ such light as is w^^ them, the next
Session of this Assembly.
The Court orders the Secrefy to send a copy of this writing
to the seuerall ministers and churches in this Colony.
The Court is adjourned till the Gouernour or Dep: Gouer-
nour see cause to call it againe.
At a Generall Assembly held at Hartford, Aprill
20th, 1665.
John Winthrop Esq'', Gounr.
Mr. Math: AUyn, Mr. Henry Woolcott,
Mr. Samii Willys, Lnt James Richards,
Mr. Rich: Treat, Lnt John Allyn, Sed'y.
Capti John Tallcott,
OP CONNECTICUT
439
Deputies :
Mr. William Wadsworth, Mr. Isack Nichols,
Mr. Joseph Fitch, Mr. John Clarke,
Capt Benj: Nubery, Mr. George Clarke,
Deacon John More, Sarj* Wm. Cornwell,
Samuel Boreman, Wm. Cheeny,
John Nott, Tho: Cooke,
Mr. James Rogers, Mr. Robert Chapman,
Mr. Anthony Howkins, Mr. James Bishop,
Ens: James Auery, John Cooper,
Sarj: John Standley, Ln^ Sam'' Swaine,
Mr. John Bankes, John Wilford,
Mr. Cornel: Hull, John Fowler.
Mr. Thomas Fayrechild,
S^ Robert Carr, Colonel Georg Cartwright, Samuel Mauerick
Esqrs, his Majesties Honourable Com""^ propositions were pre-
sented to this Court and read, and are as followeth :
1. That all householders inhabiting this Colony take the oath
of allegiance, and that the administration of justice be in his
Majesties name.
To this we returne, that according to his Majesties pleasure
exprest in o"" Charter, o"^ Gouernour formerly hath nominated
and appoynted meet persons to administer the oath of allegiance,
whoe haue, according to their order, administred the s^ oath to
seuerall persons allready ; and the administration of justice
amongst us hath been, is and shall be in his Majesties name.
2d. Propos: That all men of competent estates and of ciuill
conuersation, though of different judgments, may be admitted to
be freemen, and haue liberty to chuse or to be chosen officers,
both military and ciuill.
To the 2d, our order for admission of freemen is consonant
w^h that proposition.
3. Propos: That all persons of ciuill Hues may freely injoy
the liberty of their consciences, and the worship of God in that
way which they thinke best, prouided that this liberty tend not
to the disturbance of the publique. nor to the hindrance of the
mayntenance of ministers regularly chosen in each respectiue
parish or township.
To the 3d. propos: we say, we know not of any one that
hath bin troubled by us for attending his conscience, prouided
he hath not distu'^bed the publique.
440 PUBLIC RECORDS
4. Propos: That all lawes and expressions in lawes, deroga-
tory to his Majestic, if any such hauc bin made in these late
troublesome times, may be repealed, altered and taken off the
file.
To the 4th prpos: we return, we know not of any lawe or
expressions in any law that is derogatory to his Majesty amongst
us ; but if any such be found, we count it o"" duty to repeal,
alter it, and take it off the file, and this we attended upon the
receipt of our Charter.
[205] This Court, upon the humble petition of Jasper Gunn,
haue granted fine pownds to be paid unto Mr. Crow next yeare,
in leiw of parte of his fine.
This Court frees Isack More from training, he haueing form-
erly bin cheif officer of the Traine Band of Farmington.
This Court doth repeal the former order, which constituted
and impowred a Councill, made March the ll^h, 166|.
This Court orders that Mr. Wm. Leete, Mr. Wm. Joanes, Mr,
Benjamin Fenn, Mr. Math: Gilbert Mr. Jasper Crane, Mr.
Alexander Bryant, Mr. Lawes, shall be read at the Election
for nomination for Assistants. Mr. Rot: Treat allso is nomi-
nated for election ; Mr. Welles, Mr. Newbery &; Mr. Howkins
were allso nominated, and Mr. Clarke.
This Court doth hereby declare that all former actings that
haue past by the former power at New Hauen, so farr as they
haue concerned this Colony (whilst they stood as a distinct
Colony,) though they in their ovvn nature haue seemed uncom-
fortable to us, yet they are hereby buryed inperpetuall obliuion,
neuer to be called to account.
This Court doth approue of the inhabitants of Midleton's en-
deauours to enter into church fellowship, and doe desire that
they would proceed therein according to the order of the gos-
pell, and take the aduice of the neighbour elders and churches.
This Court doth appoynt Ensigne Auery, Ensigne Thomas
Tracy, and John Gallop, Thomas Minor, or any three of them^
to lay out a conuenient percell of land, for Robin and his com-
pany to plant vpon, at or near the head of Mistick Riuer, pro-
uided it be not in the bownds of any of the plantations, & to
make returne hereof to y^ Court in May next.
In refference to y« motion of Coll: Richard Nichols to o"^
^Jif^ ^in^
(G-orernoj\)
^^^isiccn ts. J
OF CONNECTICUT. 441
Gentlemen, for assistance, in case of forraigne inuassions, it
being a matter of waighty importance, it is left to the serious
consideration of the Gen^' Assembly in May next.
In refference to what was moued about Capt" Scotts fine,
the Deputies declare that they feare his fine will not sattisfye
the charge and damage which he put this Colony to, but when
that is issued the case may be farther considered.
Respecting what Vv-as moued about a speedy conuayance of
of Letfs, the Court will consider & aduice w^^^ neighbour Colo-
nyes, what will be best in that case.
The Court desires Mr. Willys and Mr. Richards to draw vp
a writing in answer to what was moued about Duke Hamble-
ton's Petition, and to present it to the next Courte.
[J\rote. The General Court of New Haven Colony, at their session in December. 1664, had
assented, conditionally, to the necessity of union, and voted that, "in loyalty to the King's Maj-
esty, when an authentic copy of the determination of his Majesty's Commissioners is published,
to be recorded with us, if thereby it shall appear to our Committee that we are. by his Majesty's
authority, now put under Connecticut Patent, we shall submit, by a necessity brought upon us,
by the means of Connecticut aforesaid ; but with a salvo jure of our former rights and claims,
as a people, who have not yet been heard in point of plea." A Committee was accordingly
appointed to confer with Connecticut and to complete the union. In a letter to Connecticut ,
Jan. 5th, 1664-5, Mr. Bishop, (a member of the New Haven committee, and by their order)
writes that " having .^een the copy of his Majesty's Commissioners' determination (deciding the
bounds betwixt his highness the Duke of York and Connecticut charter,) we do declare submis-
sion thereunto, according to the true intent of our vote, unto which we refer you." &c.
The union of the two colonies was now virtually complete. The Magistrates of New
Haven, having been formally " Invested with Magistratlcal power to assist in the government of
those plantations &.the people thereof," by the General Court of Connecticut, and "all other
military and civil officers established in their respective places," continued to exercise their
former authority in New Haven Colony, until the General Election in May : at which time the
union was finally consummated, and the following Magistrates chosen to office for the ensuing
year :
John Winthrop Esq., Governor. John Mason Esq., Deputy Governor. Assistants; Mathew
Allyn Esq., Sam'' Willys Esq , Mr. Nathan Gold, Capt. John Talcot (& Treasurer,) Mr. Henry
Wolcott, Lt. John Allyn, Mr. Samuel Sherman, Lt. James Richards, Mr. William Leete, Mr. Wil-
liam Jones, Mr. Benjamin Fenn, Mr. Jasper Crane. Capt. Daniel Clarke, Secretary.
Of the Assistants, the four last named had been Magistrates in New Haven colony, the year
preceding.
A list of such documents relating to the union, as have been preserved in the office of the
Secretary of this State, with a partial abstract of their contents, is given in the Appendix, No-
XII.]
WILLS AND INVEITORIES,
[From Colonial Eecorda, Vol. I.*]
[52] The last Will and Testament of Richard Lyman, being
in pi'fect memory, I giue vnto my wife all my howseing & lands
dureing her life, and one third pi'te of my lands to dispose at
her death amongst my children as shee pleaseth, and I giue to
her all my moueable goods, as Cattell and howshold stuffe, and
all other impliments or mouables. And the other two p^'ts of
my land I giue to my elder sonne Richard, and to his heires
forever, and if he dy w^^out an heir, then I giue yt to my sonne
Robert and to his heires for ever. For my sonne Richard my
mynd is that the Cattell I haue formerly giuen him, that he shall
enioy. To my daughter Sarah, besids the Cattell I formerly
haue giuen her, my will is that my wife shall pay her twenty
pownds, to yeres after my death. To my sonne John Lyman
I giue him thirty pownds, to be paid him by my wife, att two
& twenty yeres of age, and the hoggs that I formerly haue
giuen him, I giue vnto my wife, and if he contends w^^ her and
will not be content my wife should enioy the hoggs, then yt is
my will that shee should not pay him the thirty pownds. To
my sonne Robert I giue twenty fower pownds, to be paid him
at twenty two yeres of age ; and to my daughter Fillis, the wife
of Willia Hills, I giue tenne shillings ; and I make my wife sole
Executrixe to this my will.
Dated the 22th of Aprill, 1640.
* Such wills and inventories as were recorded prior to the close of the year 1644, were entered
in various parts of the first Volume, wherever a convenient blank page offered itself to the Sec-
retary, and without any regard to clironological sequence. These are here brought together,
and transposed so as to follow somewhat more nearly the order in which they were originally
recorded. Such as are recorded by themselves, on pages [228] to [271] of the first Volume, are
printed without transposition. The record, as far as page [250,] inclusive, is in the hand wri-
ting of Secretary Welles ; the remainder, in that of John Cullick.
WILLS AND INVENTORIES. 443
The two p^ts of my land and howse I give to Richard Ly-
man my Sonne : the reson of writeing this is because the word
howse was not formerly exp^'ssed.
Read, sealed and del<^ Richard Lyman,
in the p''sents of vs
Tho: Bull, John Moodie,
Andrewe Bacon.
July 24th.
The wydowe Lymans mynd is that her sonne Richard Lyman
should pi'forme her husbands will, and that her sonne Robert
should Hue w^^ him till he be twenty two yeres of age, and then
she giues Robert Lyman the third p^te of the howsen &;
grownds, & for p^'formance of her husbands will, shee giues
Richard all her moueable goods both wt^out the howse and
wthin, only her weareing Cloathes and some of her lining shee
will dispose of
Jo^in Moody,
Andrew Bacon.
[53] A Inuentory of the goods of Richard Lyman deceased, made
the vi'A of Septeber, 1641.
£
Imp"- A Cow & a Cow calfe, . . . 8. 10. 00
It: a heifer of a yere & halfe old, . . .4. 00. 00
It: a bull, U. 10*. ; It: a goate & 2 kids, ll. IZs., [6. 03. 00
8 Hoggs and halfe a sowe, & the pewtre, . 10 00. 00
It: one acre of mislin,* . . . .3. 10. 00
It: an acreof sumer wheat, 2Z. 10*. j an acreof oats, 2Z. [4. 10. 00
It: 3 roods of pease and barly, ... 1. 10. 00
It: 5 acres of Indean Corne, ... 8. 15. 00
It: for squared tymber, planke & board, . . * 1. 05. 00
It: a Cart & plow & tacklin belonging to them, 1. 08. 6
It: a Tabell, forms & chaires, 8*. ; It: a Cubberd, 15*., . [1. 03. 00
It: 4 chests, a trunke ; a old one, . . 0. 18. 6
It: 2 beare vessells, 5*. ; It. 4 old firkins, 3*. ; [0. 8. 00
It: 1 payle & a wooden platter, 2*.; an old byble, 2*. Qd., [0. 4. 6
3 kettells, 2 skillits, an old brasse pot, . 2. 4. 00
2 brass pans & a bakeing pan, . . 0. 12. 00
a pestell, a mortar and old kettell, . 0. 6. 6
4 platters, 2 cansticks, & drinkeing pott, w"" some
other smale peeces of pewter, • . 1. 2. 00
a warnieing pann, a chaffin dishe and pewter bottell, 0. 9. 00
2 frying pans, 6*. ; It: 3 Iron potts, ll. 4*., . [1. 10. 00
* Mislin or Meslin ; a mixture of wheat and rye. Webster,
444 WILLS AND INVENTORIES.
Jt: a Cob -iron, a gridiron, a trammell, a fire pan &
doggs & some other old iron, . . 0. 11. 00
It: 2 fier locke peeces, a sowrd & belt, . 2. 3. 00
[54] It: a sacke & wool, . . . 0. 8. 00
It: 2 bedds and bowlsters & pillowes, . 6. 00. 00
It: 3 Couerlids, 4 blankets, 3 straw bedds, . 4. 8. 00
It: 8 Curtens, 11. ; 3 bedsteads, 65. ; Tewed* skins, 85., [1. 14. GO
It: 2 Wheeles, 5*. ; It: 9 p'^e of sheets & one odde one,
3Z. 8s. 8d., .... [3. 13. 8
It: 4 table cloathes and a dossen and halfe of napkins, 1. 9. 00
It: 7 pillobers and 2 other smale peeces of linnen, 0. 13. 6
It: a Coate, a Jergen, 2 dubletts, and a p'^re of breeches, 1. 10. 00
It: 2 sythes w"' their tacklin, 6s. ; It: 2 ladders, 6s., 0. 12. 00
It: a Churne & meat in yt, lOs. ; It: 4 howes, 6s., 0. 16. 00
It: 2 wedges, 2 betel rings, 2 sawes, . . 0. 16. 00
It: a broad axe, 2 narrow axes, wimbell & chessells, 0. 11. 00
It: a powdring trofe, . . . . 0. 01. 6
Some is 82L 16. 2d.
John Moodie,
Andrew Bacon,
John Barnard.
[70] October the 27, 1639.
A Inuentory of the goods and Cattle of John Brundish of Wethers-
field.f
Imp"- his weareing apparrell,
It. his two bedds compleat, . . . '
It. two p''e of sheets w''' two pillowberes,
It. in brasse and pewter, ...
It. one chest, a boxe, a small cubbert & a table.
It: cushens, stooles & chaires.
It. Tramels, tongs, fier pan, bellowes, cobirons, rostiron,
spitt and frying pan, .
It in working tooles, ....
Ite twelue bushells of Rye,
It. about fourscore and ten bush' of Indean come,
It. one horse and a mare,
It. one cow, 2 heifers, 2 calues,
It. in hay, ....
It. in debts due vnto him,
It. books, ....
174. 6.
Debts due to be payd out 621. 10.
her howse and land valued at 130Z.
• Tewed or tawed ; i. e. dressed white. t See pp. 40 and 45, ante.
£
s
d
3.
0.
0
6.
0.
0
1.
0.
0
5.
0.
0
3.
0.
0
0
10.
0
1.
5.
0
4.
5.
0
4.
16.
0
18.
0.
0
48.
0.
0
55.
0.
0
7.
10.
0
15.
0.
0
2.
0.
0
WILLS AND INVENTORIES.
445
She hath 5 children, the 2 eldest girls, the next a boy, the other
2 girles.
Andrew Ward,
Richard Gyldersly.
A noate brought in Court since the Inuentory, as foUoweth :
RachellBrundishehath 14 acres of meadow, her howse lott 3 acres,
and w' vpland belongs thereunto in euery diuysion, saueing w' her
husband and shee hath sould, vizt. her shaire beyond the Riuer and
6 acres in Penny wise.
Debts appereing since the Inuentory was made, 41.
Debts paid, . . 41^. 16. 4d.
Remayneing of the stocke of Cattle, 2 Cowes, on mare.
[68] A true Inuentory of all the goods, corne and cattell that were
in the hands of Abraham Fynch, when he deceased,
taken the 3 of Sef. 1640.
Imp" his apparrell, . . . .
It. one Cow, ....
It. one Heifer, . . . .
It. four swyne shoots.
It. one cutting saw, one axe,
It. 3 p're of sheets, 2 p''re of pilloberes,
It. 5 napkins, . . . .
It. 2 kettles and 1 potte.
It. his howse lott, w* all deuisions thereunto
belonging.
£
s.
d.
2.
6.
0
20.
0.
0
10.
0.
0
2.
0.
0
0.
10.
0
1.
10.
0
0.
3.
0
1.
8.
0
100.
0.
0
The prisers, Sam: Smith,
Nathaniell Foote.
The some, 137. 17. 0
A noate of the debts that Abraham Fynch owed at his decease.
To Mr. Michell,
To Goodman Boosie,
To Goodma Sticklin,
For Towne Rates,
To Goo: Lawes,
Wydow Kilborne,
Goo: Smith,
Leasly Bradfield,
To Mr. S .
To goodma Daggett,
£
s.
3.
1.
0
1.
12.
0
1.
9.
0
4.
15.
6
1.
10.
0
0.
5.
0
0.
3.
0
0.
9.
0
0.
11.
0
1.
3.
0
14.
18.
6
39
446 WILLS .AND INVENTOKIES.
It [is] Ordered, that the Relike of Abraham Finch deceased shall
administer & possesse the Estate lefte in Goods, and also hold the
land & howseing vntill the Child com to the age of one and twenty
yeres, and then the Child of the said Abraham to haue two p'ts, & the
said Relick duering her naturall life the third ; the said Relick is to
mayntayne the Child, or to comitte him to his Grandfather Abraha
Fynch, who tenders to educate yt as his owne Coste.
Deceber the 3^ 1640.
[64] The last will and Testament of James Olmstead, late of
Hartford, decesed.
This is my wyll, to giue my Estate betweene my two sonns,
that is to say, the on halfe to my sonn Nicholas, and the other
halfe to my sonne Nehemiah, equally deuyded betweene the
both, w^^ this reseruation, that if my brother Lumus doe make
his word good to make my sonne Nicholis wifes portion as good
as any child he hath, for so 1 vnderstand his p^'mise is, but if he
shall refuse so to doe, I shall then refuse to giue my sonn any
pi'te of my moueable goods, cattell or debts, but my will is to
leaue the thing w^h Richard Webb and William Wodsworth to
see my Brother Lumus doe p'forme his pi'mise, and as the said
Richard Webb and Will' Wodsworth shall doe I shall be con-
tent. And if my Brother Lumis doe prforme his p»"mise, then
my will is their portions shall be a like, only Nicholis shall abate
so much as I gaue him before. And my will is that my sonne
Nehemiah shall giue out of his portion ten pownd to my Cossen
Rebeca Olmstead that now dwelleth w^^ me, and he shall pay
yt her wt^in three yeares after my dicease, and I leaue her to
be disposed by Richard Webb and Will' Wadsworth, and as
shee shall carry herselfe, yt shall be in their power ether to
giue her the tenn pownd or to deteyne yt fro her. I doe giue
my searuant Will' Corby fiue pownd, to be paid when his tyme
corns forth, and I doe will my sonne Nehemya to pay him out
of his owne portion: And I doe will that Will' Corby doe searue
his tyme w^^ my sonne Nehemiah. And I leaue my sonne Ne-
hemiah w^h Richard Webb and Will' Wodsworth, intreating
the to haue the ouer sight of him, and the disposeing of him as
their owne child. But if my sonne Nehemiah shall goe contra-
ry in bestowing himselfe any way contrary to the judgement of
WILLS AND INVENTORIES. 447
my two frinds, Rich: Webb and Will' Wodsworth, then yt shall
be in their power to comaund and take a hundred pownd of his
Estate, and dispose of yt as they thinke fitt. I giue to my two
frynds Richard Webb and Will' Wodsworth, w^h I put in trust,
six pownds and a marke to be paid equally betwixt the, and my
two sonns shall pay the, the one pay the one halfe and the
other pay the other halfe.
Witnesse, the 28*^ of September, 1640, Ja: Olmstead.
Richard Webb,
Will' Wodsworth.
[65] Wee whose names are hereunder written, the frynds in-
trusted by the decesed w^^in named, haueing litell acquayntance
wth things of this nature, and being by him suddenly caled here-
unto, in a sore stresse and pang of his sicknes, wherein he ex-
pected a prsent depi'ting, he being senceble of his owne weake-
nes, hasted to an issue of this busines, did seuerall tymes desire
vs to aduise him what he should doe, and many times did
wishe us to doe what we thought meet o^selues.
Now we haueing since his disease, togather w*^' his two
sonns, Nicholas & Nehemiah, to who he hath bequethed his
estate, taken into more serious consideration what is done, and
obsearueing some things to be ouerpast, of w^h we are pi's waded
that if ether they had com to his owne mynd, or otherwise had
then bine suggested by vs, he would redily and cherefully haue
attended thereunto : Wee therefore, togather w^h the reddy &
free consent of his sonns abouesaid, (well knowing, out of long
and good experience, the disposition and constant practice of
their father,) hath mutually agreed, as desierus to fulfil that w^h
we conceaue to be his mynd, to ad to those bequethed w^^ are
spesified w^^in, these legases following :
That is to say, to his Kynsmen Richard Olmstead fiue
pownd, and to his Kynsman John Olmstead fiue pownd, to be
paid vnto them wthin three yeres after his disease. And vnto
the Chui'ch of Christ in Hartford, Twenty pownds, to be paid
at the same tyme of three yeres after the decease of there said
father. In witnesse whereof we haue sett to our hands.
Will' Wadsworth. Nicholas Olmstead,
Nehemiah Olmsted.
448
WILLS AND INVENTORIES,
[66] Sep: 28"'. An Inventory of the goods and Cattell of James
Olmestead of Harford, deceased in the yere of
o^Lord, 1640,
Imp" one horse,
It. one mare,
It. one mare colt,
It. one yokeof steeres, 30.
It. one single steere.
It. four cowes,
It. three calues,
It. thirteene hoggs,
It. eightscore bush' of
Indean corne,
It. 30 bush' of sumer
wheat,
It. 12 bush' of pease.
It. 15 load of hay.
It. 8 bush' of molt.
It. one young heifer and
on young steere, 13
It. one young steer at
Paq'nuck, . 8
It. one cow hide, 0
£
20.
0.
0
15.
0.
0
10.
0.
0
30.
0.
0
13.
0.
0
47.
13.
4
10.
10.
0
18.
0.
0
24. 0. 0
7.
0.
0
2.
10.
0
10.
0.
0
2.
0.
0
0. 0
0.
10.
It.
&
3 ewe goats
a wether.
It. one Wayne,
It. 2 yoaks & the Iron
worke.
It. one plow, two plow
irons, & a chayne.
It. one gang of harrow
tynes,
It. one smale chest w"" old
iron & some tooles, 3
It. old sithes & on new
on, . . 0
It. one pyke & Costlitte,* 1
It. two hand sawes, one
frameing saw, one
hack saw.
It. one nayle boxe.
It. four howes,
It. two mattocks, on
0.
0.
It. one chese p^'sse, old hogsheads & a pype.
It. 2 beare hogsheads, two beare barrells, 2 powdring
tubbs, 4 brueing vessells, 1 cowle, 2 firkins,
It. wymbles, chysells, hammers, pynsers, . . 0.
It. collers & harnes, saddell and pannell,"!" halters & brydle, 1.
0.
. 0.
13.
7.
13.
0.
It.
It
1. 12, 0
0. 16. 0
0. 0
10,
10.
0.
10.
7.
0.
3.
0. 0
1. 12. 6
3. 0
It. fiue pyke forks, one rope, on fanne,
It. 3 axes, 2 wedges, 2 ryngs for a beetell,
It. 4 brasse, 3 skilletts, one skimer, on ladle, on candle-
stick, on morter, all of brasse, 1 brasse pott,
It. 7 small peuter dishes, 1 peuter bason, 2 chaber potts,
6 poringers, 2 peuter candlesticks, 1 frudishe, 2
little sasers, 1 smale plate,
It. 7 bigger peuter dishes, one salt, 2 peuter cupps, one
peuter dram, 1 peuter bottle, 1 warmeing pan, 13
peuter spoones, ....
It. 2 Iron potts & a pott posnette, 1 dripping pan, 1 fry-
ing pan, 1 gridiron, one squar, 2 spitts,
2 Irons, 2 tramells, 1 perre of tongs, 2 perre of pot- )
hooks, 2 perre of cobirons, 1 fier pan, 1 cole dishe > 1. 13. 0
and a perre of bellowes, one peale, . )
one stupan, 3 bowles & a tunnell, 7 dishes, 10"^
spoones, one woodden cuppe, 1 woodden platter, [
w"* 3 old latten:]: pans, & 2 doz. and halfe of f
trenchers and two wyer candlesticks, . J
2. 0
0. 11. 1
• Corslet. t A kind of rustic saddle. JVebster. i Sheet iron covered with tin. Webster.
0.
10.
0
2.
5.
0
0.
3.
8
0.
2.
8
WILLS AND INVENTORIES. 449
It. 2 Jacks, 2 bottells, two drinkeing horns, 1 little pott,
It. 3 bibles & 3 other bookes,
It. one payle, one pecke, one halfe bushell,
It. one smoothing iron, two brushes,
[67] It. 3 musketts, one fowleing peece, 3 perre of ban- ^
daleres, one sword, one rapier, 1 dagger, 2 > 6. 0. 0
rests, 2 pistoUs, w"' powder, shott & match, ;
t. one Table, one Chire, sixe cushions and one little forme, 1. 7. 0
t. fine sacks, . . . . . 0. 10. 0
t. two fether bedds, two flockebedds, . . . 6. 10. 0
t. 3 ruggs, one Couerled, 6 blanketts, one p^e of curtens ^ 7 i ^ n
& curten rods, & a course bedcase, . ) ' '
t. 2 fether pillowes, 1 flocke pillow, 1 bedstead, . 0. 19. 0
t. 3 p''e of fyne sheets & 5 p''e of course sheets, . 3. 10. 0
t. 3 course pillowbeers, & 2 fine ons, 1 doz. of napkins, 1. 3. 0
t. two shorte Table Cloathes & two course ons, 2 towells, 0. 11. 0
t. diuers smale things in a trunke, . . 3. 0. 0
t. 20 little smale peeces of childing lyning, . . 0. 10. 0
t. 15 quire of paper, . . . . 0. 6. 3
t. 27 yards of course Canuas,
t. 19 yards of Lockru,*
t. 5 yards of woollen cloath,
t. 2 trunks, one chest and 2 smale boxes,
t. 12 Caps, 8 bands, ....
t. 3 shirts, . . . . • . 0. 15, 0
t. one little peece of course Lockru, . . 0. 4. 6
t. 3 suits of apparrell, w"" hatts, stocking & shues, 13. 5. 0
t. 2 acres of Englishe come of the grownd, . 4. 0. 0
t. 13 acres of grownd broke vp, . . . 12. 0. 0
t. in mony and debts, .... 55. 0. 0
t. one case of bottells, . . . .00. 15. 0
0.10
4. 0
5. 0
6. 0
2. 0
The whole some, £397. 19. 2
John Steel,
Edw: Stebbing.
[60] March the iiijth, 1640.
A Coppy of the will & Testament of WiLLia Spenser, late of
Hartford deceased, p^sented in Court vppon Oath, by John
Taylcott & John Pratt of the said Towne.
A noate of the mynd and Will of Willia Spenser for p^sent
the 4th of May, 1640.
Imp^'s his Will is that the Estate that he hath in New Ingland,
and also that w^h may com to his wife hereafter, that is any
* Lockram, — " a sort of coarse linen." Webster.
39*
450 WILLS AND INVENTORIES.
p^te of his wifes portion yf any doe com, that all the Estate
be dyuyded as foloweth :
I giue to my wife one third pi^te of all my Estate :
I giue to my sonne Samuell one third p^te :
I giue to my two daughters Sarah and Elizabeth one third
partte :
The children to be brought vppe w^h the improuement of the
whole estate that I leaue both to my wife and children ; The
portion w^^ I leaue to my sonne to be paid him when he is of
the age of twenty yeres; Also the portion of my daughter
Sarah and my daughter Elizabeth to be paid to them at the age
of * yeres of age. Also yt is my mynd that if ether
of my children doe dy before the tyme their portions be due to
them, that the portion of the pi^ty desesed be equally devyded
to the p^tyes or p^ty that shall suruife the other.
Also my mynd is, my Cosen Mathew Allen, my brother John
Pratt and John Taylcoate, that these three partyes, or any two
of them, shall haue the Ouersight of my Estate, and in case that
they shall see in theire judgements the Estate to be wasted, that
they shall haue power to take the children and their portions
t for their bringing vppe, and to pay the Children
their portfis that remayne at the seuerall tymes aboue written.
Also my mynd is, that my wife shall haue no power to
alienatt or make sale of my howse or any p^te of my land I
leaue, w^hout the consent of two of the pnyes that are to ouer-
see my Estate.
The Inuentory of the Estate of the said Will' Spenser.
Imp" in weareing Cloathes,
in the Hall, the planks & two chayres,
in the Closett, on trundell bedd and blankett,
one sadell and brydle, and waight & skalls,
in sythes, axes, wimbles, horsse harnis & other
working tooles,
in the Parlor chamber, one chest, two plancks,
one fetherbedd, boulster, two pillowes,
In sheets and tabell lynen,
in the Sisler, in seuerall peeses of peuter,
• Blank. t Blank.
£
s.
d.
5.
8.
0
0.
11.
0
0.
15.
0
0.
15.
2
3.
0.
0
0.
9.
0
3.
0.
0
2.
0.
0
1.
10.
0
1.
5.
0
0.
l.'j.
0
1.
5.
0
].
4.
0
28.
0.
0
13.
0.
0
WILLS AND INVENTORIES. 451
in brasse kettells and iron potts & other implements, } a -i- n
and on hogshead and barrell, . . . \ ' '
In the lodgeing roome, one bedsteed & curteens,
two chests, ....
One muslcette, bandalers, two sowrds.
One fowleing peeee,
One Coweand on Cow calfe,
In swyne of seuerall sorts,
[67. 12.2]
Seuerall debts lefte vncroste in his booke, oweing in the Bay, the
w"*" the most of the are denyed, and those that are confessed are very
doubtful whether much of yt will be paid, being in the hands of some
of his kindred that are pore, in all to the value of . 441.
Also, the howse and howse lott conteyneing aboute 2 acres,
w'^'some outhowses ; also seuerall p'sells of vpland lotts, to the
value of 74 acres, as may apeare by the records to
that purpose, whereof, besids the right w"*" he had in any other
lands to be deuyded.
Also, eleuen acres of meadow and swamp, lying in the north
meadow.
Also, one p'^cell lying on the East side of the great Riuer, con-
teyneing tenne acres.
Also, there is land yet remayneing at Concord in the Bay, w"'' while
he liued he esteemed at .... 1201.
Out of this estate there is lefte to be paid, . . 50/.
Also, a debt w""" is of an old recknoing, the w'''' we haue no clere
accoumpts of, but yet himselfe doubted that it would be 10.
The goods and estate estimated by these p''tyes here expreste.
John Tallcott,
John Pratt.
The destribution of the estate appeares in the Records of the particular Courte, the 24''' June,
1650, fol: 10: and the Coppyes of the bills giuen to the Courte for the payment of 30Z. to the
chilldren, are in the Booke of Records of Lands for the seuerall townes, at y« other end of it '<
the original Bills are vppon the fyle of wills and Inventoryes.*
[62] March the 4th, 1540. The last will of Joyce Ward.
I, Joyce Ward, of Wethersfield, being sicke in body but whole
in mynd, doe make my last will and Testament, this IS^h day of
Nouember in this p^sent yeare of o"" Lord Christ, 1640, in man-
ner of forme as foloweth : —
Impfs. I giue to four of my sonns, that is to say, to Anthony
Ward, Willia Ward, Robert Ward & John Ward, ech of the
* These last four lines were added subsequently, in the hand writing of Secretary John
Allyn.
452
WILLS AND INVENTORIES,
a pare of sheets, and to my eldest sonne Edward I glue vnto
him twelue pence of mony ; furthermore I make my sonne in
law, Joim Flecher, my whole and sole Executor, to pay and
dischardge all those debts and legaces w^^ I am bownd to
pi'forme, and for to see my body to be brought to the grownd
in a decent manner ; In witnesse whereof I haue sett my hand
the day and yeare aboue written.
Memorand™. That I Joyce Ward haue lefte my sonne Rob-
erts portion, w^^ his father gaue him, w^^ is twenty pownd, in
England, in the hands of my sonne Edward Ward ; I haue made
Mr. Wollersloue, of Clipsum, in England, in the County of Rut-
land, my Atturny for to receaue y t for my vse ; if he haue gott
yt then my sonne Robert shall haue the whole twenty pownd,
but if yt be not gotten, then the sixe pownd w^h I paid for the
puting out of the said Robert Ward to an Aprentice shall be
prte of that twenty pownd.
Joyce Ward, her marke.
This was done in the p>"sence of vs,
Nathaniell Dickenson,
Roger Prichat.
£
s.
d.
0.
14.
0
1.
0.
0
2.
0.
0
5. 0. 0
10. 0. 0
A71 Inventory of all and singuler the goods, chatells, Cattle, ielonging
to Joice Ward, wydoio, late of Wethersfield, made., taken and found,
the 24*'' of February, 1640, by George Hubberd and Leonard
Chester.
Imp". 7 yards of Hemppen cloath at 2s. p' yard,
It. one p're of flaxen sheets,
It. four p'^re of hemppen sheets,
It. her apparrell vizt. 2 gownes, one hatt, one p'e of bodyes
w"' other, .....
It. one bedd, two boulsters, two pillowes, two Couerings,
two Curtens, ....
It. one boxe w'*" a litle hand Trunke,
Oxie brasse pott,
One brasse panne,
One Iron pott,
One Chamber pott,
One brasse Coal dishe,
[63] One sowe, w"" three piggs,
Two table cloathes, w"' 4 napkins,
One bond or specialty,
p" Leonard Chester,
George Hubberd.
0.
3. 6
,
0.
16. 0
1.
0. 0
.
0.
2. 0
^
0.
2. 0
,
0.
2. 0
1.
0. 0
,
0.
16. 0
30.
0. 0
Som: tof:
52.
15. 6
WILLS AND INVENTORIES.
453
[75] The Inuentory of Tho: Johnson,* as the pniculers were
sold by Andrew Bacon &c John Barnard, appoynted by
the Court to make sale of them.
12. 0
5. 0
2. 6
£. s. d.
To Gudm" Hill, a Coat, 1. 10. 0
2 p''e of stockings, a shirt
& band and hose yarne, 0.
a p''e of high shues, 0.
a peece of leather, 0.
5 bands, a shirt, a redde
wascoat, a perre of
start ups,f 0. 12
a shute of apparrell, a
pestell, 0. 18
a hatte, 0. 6
3 peeces of leather, halfe
a pownd of pepp', a
seefe bottom,
a syth,
a shuet &, two bands,
2 perre of breeches.
a peece of leather, a perre
of stockings and other
things, . . 0.
8.
7
2 bush' of maslin, . 0.
12.
0
some smale peeces of
leather, . . . 0.
6.
0
3 hatchets, . . 0.
4.
1
one shurt, . . . 0.
5.
2
1 paire of shues and boots, 0.
2 peeces of leather, 0.
3 perre of boots, . 0.
5.
3.
9.
0
0
0
Mr. Welles distreyned a
muskett, a sword, ban-
daleres & a rest, 1.
5.
0
10.
13.
5
0. 12. 1
0. 2. 0
1. 13. 0
0. 3. o:
Abated the Partyes for a mistake in their accoumpte, 9s. 5
To be alowed the for their paynes in keepeing &
selleing the p'"ticulers, . ' .
The debte he owed vppon the distresse & for Recording
the Inuentory, ......
Goodm" Hill owed him lOL
[71] The 6th of Nouember, 1643.
The last Will and Testament of Tho: Scott, of Hartford,
deceased, as yt was spoken by him to Edward Stebbing
and Tymothv Standly who were sent for by him for that
end, to who he expressed his will as foUoweth : —
I doe giue to my wife and sonne Thomas, the one halfe of my
howse and halfe of my barne and halfe of my howse lott : I doe
also giue vnto them my two lotts in the North meadow, and my
lott in the litle meadow, as also the swamps at both ends : I doe
in like manner giue vnto them all my come in my howse and
barns, both here at Hartford and at Tunxis Cepus, as also two
Cowes and my two elder steers and fiue hoggs, w^h halfe my
howshold stuffe : I doe also giue them my Carts and ploughs and
See pages 49, 55, ante.
t A kind of high shoe.
454 WILLS AND INVENTORIES.
the tacklin belonging to the. And my mynd is that if my sonne
Tho: depart this life before my wife, at his death that the one
halfe of the meadow, catle and howshold stuffe before giuen to
him and my wife, shalbe equally diuided betwixt my other chil-
dren then lining ; and my mynd is that my wife shall haue
power at her death to dispose of and giue away the other halfe
of that wh is giuen to her and my sonne as shee seeth fitt, ex-
cept my howseing and land, W^^ my mind is shall then com to
the rest of my children, at the death of the longest liuer of my
wife or my sonne Thomas. I doe also make my wife execu-
trixe to receive and pay my debts ; and my mynd is that my
youngest daughter doe remayne w^^ my wife so long as shee
seeth meete, w^ii the advice of those that ouersee my will. My
mind also is, that all my daughters be disposed of, both in sear-
uice and mariedge, by my wife and ouerseers, and that my
daughters shall receaue their portions, ether at the day of their
mariedge or at twenty yeares of age, w^h shall first happen, my
mynd being that all the remaynder of my estate w<=h is not by
this my will giuen to my wife and sonne Thomas, (after my
debts are discharged,) shall be equally diuided among them.
The sume and substance of this was exp^ssed by Tho: Scott
aforesaid in the p^sence of vs.
But before he had named the ouerseers of his will, the Lo:
pleased to put an end to his life and pi^uented him in that and
what els he would haue said, and therefore the Relict of the said
Thomas w^h the apprbacon of the Court hath desiered John
Talcott, Wm: Westwood, Ed: Stebbing and Andrew Warner
to assist in seeing the Will of the dead p^formed. And these
Ouerseers, vnderstanding fro these that are the witnesses of his
will, that he often expressed that his mynd was his wife and
sonne Thomas should be comfortably p^uided for, and finding
that no pt'uission is made for fuell or fireing, doe thinke fitt and
very agreable to the mynd of the deceased, though pi'uented by
death fro exp^sseing himselfe in that pfticuler, W^^ yet they
leaue to the consideration and confirmation of the Court, That
the Widdow & Thomas should haue liberty to cutt & fetch
fire- wood for their owne vse out of that field comonly cauled
the Aduenturers field, vntill the other children, or some for
WILLS AND INVENTORIES. 455
them, do diuert yt to such impruement as will receaue pi'iudice
if this liberty should be continued ; and that they should haue
liberty to cutt & fetch any such fuell for their owne vse out of
that peece of ground cauled the Ox pasture, dureing ech of their
naturall hues. They also thinke fitt and agreable to the mynd
of the deceased, that the boy searuant shall continue w^h the
Relict of the said Thomas, dureing his tyme. All w^h they
leaue to the consideration and confirmation of the Court, if they
approue thereof
[72] A Inuenlory of the goods of Tho: Scott deceased, taken Jan-
uary the 6th, 1643, deliuered to the Wydow Scott for her vse.
One fetherbed & fether boulster,
one greene Rug & Couerled, ■ .
one blanket and strawe bed, ....
one p''re of sheets & pillowe, 15*.; one bedsteed & cur-
tens, 21. 105., .....
4 p're of sheets, 21. 5s.', 2 table cloaths, 12*. 6d.,
3 dyeper napkins, 6s.; 5 flaxen napkins, 5s.,
2 fyne pillowbeers, 12s.; in wearing cloaths that were her
husbands, 5/.; 2 chests, 12.s.,
40 pownd of Gotten wooll, IZ. 6^. 8d.; 3 sawes, 11.,
severall peeces of old Iron,
1 flockbed, 2 boulsters, 2 blanketts,
1 couerled & blanket, 1 pillowe, .
in seu'all peeces of pewter, and one brasse candlesticke,
in brasse kettells & iron potts : 1 iron dripping pan,
1 p''re of pothooks & a glasse bottell,
1 brasse skimmer, 1 laten lampe, 2 latten panns,
1 spit, 1 trammel, 1 p''re of bellowes,
1 p're of tongs, fyer pan, cob iron, andiron, & a iron to
make wafer caks, 10*.; 1 smothing iron, 1 fowleing
peece, II. 5s., . . . . . [1. 15. 0]
1 match locke muskett, ISs. Ad.; 1 sword, 1 p''re of ban-
dalers, 9*. 2d., ....
1 lether bottell, 1 warmeing pan,
1 chafin dishe, 1 frying pan, 1 shreding knife,
4 hows, 4 axes, 1 bill, 2 cleuers, 1 mattoke, .
1 spade, 1 hobing iron, 5 siues,
in brueing vessells, barrells ; 2 churns, 1 tabell,
wimbells & chissells, 3 wheels, 1 glasse botle,
4 chayrs, 2 tabells, 1 forme, ....
In the seller, vessells & seu''all goods,
In the lenetoe, potts, pans, vessells & other implements,
In the seller without dores, dyet vessells, .
3.
5.
0
3.
0.
0
0.
10.
0
3.
'2.
5.
17.
11.
0]
6]
0]
'[6.
[2.
0.
4.
6.
10.
0]
8]
0
2.
10.
0
1.
6.
0
1.
17.
5
2.
7.
6
0.
2.
6
0.
5.
4
0.
8.
0
[1.
2.
6]
0.
13.
0
0.
5.
10
1.
2.
0
0.
12.
0
2.
6.
0
0.
16.
0
0.
13.
0
0.
14.
0
2.
3.
0
1.
0.
0
48.
18.
3
456 WILLS AND INVENTORIES.
1 grinston & winch, 6s.; 1 great bible & other smale
books, IZ., • . . . . [1. 6. 0]
Goods of Tho: Scotts sett apartefor his 3 daughters.
3 p'"re of flaxen sheets, 2 p^'re tow sheets, . . 3. 5. 0
3 diap' napkins, 4 flaxen napkins, . . 0. 10. 0
1 flaxen tabell cloath, 2 fine pillobers, IZ. 45.; 2 boxes, 8s. [1. 12. 0]
In the little chamber, 1 fether bed, . . 4. 10. 0
1 bedkase, 1 bedsted, 19s.; 2 fether bolsters, 1 pillow, 1
blanket, 2Z. 8s. 4d.; 1 couerlitt, IZ. lOs., . [4. 17. 4]
In the garret, 1 fether bed, 1 fether bolster, 1 fether pillow, 3. 12. 0
1 yellow & red couerlitt, 1 pillow, . . 1. 14. 0
1 quart pot, 2 porringers, 3s. 2d.; 2 dishes. Is. 8d., [0. 4. 10
2 sasers, 1 smale salt seller, . . , 0. 1, 4
4 smale platters, 3 great platters, 18s. 6d.; 1 pewter
bowle, Is., . . . . . 0. 19. 6
1 laten candlesticke, &tunell, Is.; 1 pewter candlestick,
2s. . . . . . . [0. 3. 0]
1 great pewter bason & chaberpott, . . 0. 6. 6
1 great brasse kettle, 15s.; 1 brasse posnit, 1 iron pott,
18s. M., ..... [1. 13. 4]
1 litle brasse kettle, 1 brasse potte, . . . 0. 11. 8
1 p're of pot huks, 2 latten pans, . . . 0.2.2
1 spit & tremell, 1 smothing iron, • . . 0. 6. 0
1 snaphanc* smale peece, 15s.; 1 cok mach musket,
13s. 4:d. ..... [1. 8. 4]
1 rapier, 2 p'"re of bandelers, . . . 0.10.8
1 frying pan, 1 shreding knife, 2s. Bd.; 1 brasse morter
& iron pestill, 7s., - . . . [0. 9, 8
1 glasse bottell, 1 couerd drinking pott, . . 0. 2. 6
27. 3. 1
Corne for the Widdowe Scott, at Sepose & Hartford, 30. 0. 0
2 Cowes for Wydow Scott, at Sepose, . . 10. 0. 0
2steers, 16Z.; 2 hoggs, 9Z., . . . [25. 0.0]
For the three daughters.
2 steers, 12Z.; 1 Cow, 5Z.; 1 mare, 8Z.; 2 calfs, 3Z. 6s., [28. 6. 0]
4 hoggs, 3 piggs, . . . . . 5. 5. 0
The Wydowes Some, . . 65.
The daughters, . . . 33. 11
Totall, 174. 12. 4.
besids Carts & 3 Ploughs.
* Snaphance ; (German, Schnap-hahn ;) a musket with a flint-and-steel lock, Bailey.
WILLS AND INVENTORIE
457
[54] The Will of Blaynch Hunt deceased.
I, Blaynch Hunt do make my last will. Imp^s, I giue my
best suite of weareing Cloathes to my Cossen Mary Robins, &
a pTe of my best blanketts ; Ite, I giue my Cossens in the howse,
twenty shillings a peece, in gold or sylver if y t can be made vpp
att my decease ; Ite, for the rest of my estate in howshold stufFe
& debts, I comitt to the dispose of my Vnckle Welles, only I
remit 40s. I lent my Cossen Mary Robins ; I make my Vnckle
Welles my Executor ; I giue my Cossen Mary Baylding vi
yards of kersey. Blaynch Hunt.
[55] A'Inuentory, taken the 20tJi day of September, 1644,
goods of Blaynch Hunt deceased, by Andrewe Waird Sf
Gybbins.
£. s. d.
Imp . in mony, 5. 14. 3
A debt ovveing fro Mr.Hill,4. 0. 0
A debt fro John Robins,
now on her Vnckles ac-
coumpt, . . 3. 10. 0
Lent her Cossen Mary
Robins, . . . 2. 0. 0
Her cloath shute of weare-
10. 0
0.0
0.0
0.0
ing cloathes,
Her StufFe shute,
A greene Couering,
A p''re of blanketts,
one blankett, .
A fetherbed, a bolster and
2 pillowes, . . 3.
2 Cloath petticoats, . 1. 15. 0
5 old petticoats & 4 p''e of
bodyes, . . 2. 2. 0
4 wastcoats & 4 aporns, 1. 7. 4
4 hatts, . . . 1.10.0
3 shifts, . . . 0. 12. 0
brasse and pewter, . 1. 3. 0
yarne, . . . 0. 5. 0
3 yards of kersy,
a debt fro John Fishe,
3 yards of cloath,
a Cloke, .
mittens & stockings,
paper,
table cloaths & lynine
cloath, . . 0.
three white aporns, 7 nap-
kins & a Towell, 1.
2 ap''ns, 2 pilloberes &
small lynine, . 1.
a trunke ds a boxe, . 0.
a p'^re of course sheets, 0.
shues, . . • 0.
^loues, pyns, laces, kniues
& a spoone, . . 0.
I glasse & a byble, 0.
sheets, . . .2.
of the
Wiir
. 0.0
. 16.0
. 0.0
. 10.0
. 5.0
. 1.0
1.5.0
0.0
5.0
10. 0
10.0
4.0
9.0
6.0
0.0
43. 16. 3
A ketle, a torne & a hatch-
et, left out and omitted.
[69]
A Inuentory of the goods of John Cattell, deceased,
taken and prysed by John Coleman, and Samuell Hales,
the 17 of July, 1644.
£. s. d.
Impr^ a Bedde, boulster, and furniture to yt, . 4. 0. 0
Ite: Woollen and Lynnen Cloathes, . . . 5. 8. 0
40
458 WILLS AND INVENTORIES.
Ite: Brasse & Pewter & 2 potts & other tooles,
Ite: a gun, sword and bandaleres,
Ite: a Calfe, 2, 0. 0 ; It: a Cowe, 5. 0. 0 ;
Ite: oweing fro George Chappell a debt of
It: Swyne, 6. 10. 0 ; It: a debt of Good: *1. 0. 0
It: a debte of goodman Boosye, II.; It: a debte of Corne, 5Z.,[6
It: the home lott and barne, .
It: 6 ac: in myle meadowe,
It: 3 ac: in the great mea: 121. ; It: the garden, 12s.
Debts he owed,
Witnes hereunto,
Tho: Tomson. Tho: Coleman, 59. 0. 0
Sam: Hale.
P'^sented to the Court by Will': Gybbins, and the Relicke of the
deceased admitted to administer. f
2.
0.
0
1.
10.
0
u-
0.
01
5.
0.
0
[7.
10.
01
'.,16.
0.
0|
12.
0.
0
6.
0.
0
12.
12.
0
69.
0.
0
10.
0.
0
[97] The last Will and Testament of Mr. Ephraim Huit, of
Wyndsor, in Conectecotte.
Impr^. I giue vnto my loueing wife my dwelling howse and
homelott, downe vnto the swampe, w^h all the howseing thereon ;
also I giue vnto her my meadowe lott conteyneing by estima-
tion fowerteene acres more or lesse, likewise I giue vnto her my
lott of fifteene acres w^h the vast swampe adioyneing thereto.
Ite: I giue vnto her Tho: Staires his howse and the square
plot of gardens lying beyond the swampe to the highway.
Ite: I give vnto my daughter Susanna, and to my daughter
Mercy, my great lott lying behind the hog pen, adioyneing to
Daniell Clarke on the one side and Humphrey Hids on the
other, to be diuided betweene the equally. It: I giue vnto my
two younger daughters, Lydea and Mary, my great lott at the
Falls, conteyneing fowerscore and two rodde in breadth, to
make them two lotts, togather w^h the meadowe grownd that
lyes therein, to be diuyded also equally betweene them. P^ui-
ded alwayes, and it is my full intent, that these my fower daugh-
ters shall not enter vppon these said portions of land vntill they
ech of them shall com to the age of one and twenty, and in the
meane tyme yt shall be to my beloved wife whateuer p^'fit shall
accrewe thereby ; and as ech of the shall com to the age of one
and twenty, so ech shall enter accordingly vppon her portion.
* Blank. t Page 110, ante.
WILLS AND INVENTORIES. 459
P^uided also, that if either or any of them, shall dy before
they com to the said age of ^one and twenty, then the portion
intended to her or the so dying, shall desend vppon my wife
and be at her dispose.
Also, I giue vnto my daughters Susanna and Mercy, all my
interest, right and benifit that shall arise fro the graunt of the
Towne, made me, of fifteene acres of meadowe, when yt shall
com first into their hands, about Pequanucke, if they shall Hue
to the age of on and twenty yeares ; if ether dy in the interim>
then her portion to descend vppo my wife.
Ite: my great Hand at the Falls, I giue to the Court at Hart-
ford, for the vse of the Country.
Ite: I appoynt that my debts be paid out of my pi'sonall estate,
and all the rest, both wt^in dores and wt^out, whatsoeuer, I
wholy giue to my beloued wife, whether land or goods.
Lastly, I appoynt Dauid Wilton and Daniell Clarke to be the
Executors of this my last will and Testament, only they shall
not medle w^h any thing w^^^in dores. And the Ouerseers of this
my Will, I intreat the Deacons of our Church to be.
Ep: Huit.
An Inuentory of the Goods of Ephraim Huit, late of Wyndsor, taken
the 9th October 1644, by vs whose names are underwritten.
In the Parlour, 1 Bedstead, w"" bed and furniture thereun- £
to belonging, all valued at . . . 10. 0. 0
1 table &; forme, 1 chest, 2 trunkes, 1 case of bottles, vail: 02. 10. 0
Carpitts, Cushions, .... 02. 12. 0
6 veluet couers for stooles & Chaires, , . 01. 10. 0
8 yards Kitermaster, IQs.; 3 yards Cotton att 10s. 6d. '[01. 06. 6]
1 childs blanket & wascoat cloath, . . . 01. 06. 8
the weareing apparrell, .... 04. 10. 0
[98] in bucrum, 10*.; 9 doz. of napkins, fine course,
51. 19*. Ad. .... [06. 09. 4]
4 towels at 11. 4s.; 14 pillobears at 31. 10s. . [04. 14. 0]
5 table cloaths, 1 towell, . . . . 3. 17.
14 pair sheets, fine and course, . . . 16. 14.
3 table cloaths, 2 short towels, 8 napkins, 1 sheet, vail: '1. 5.
In plate, 2 Bee Bowls, 2 wyne bouls, 1 salt, 1 trencher,
salt seller, 4 siluer spoons, att . . 14. 0.
13 spoons giuen to children, hauing their names on them,
& 1 silver dishe ; .
2 desks, 2 boxes, 1 small trunke, & other smale things, 0. 6. 8
In chamber ouer parlour ; 2 bedsteeds, w"" beds <fe fur-
niture, , . . . . 9. 0.
4.
0.
0.
16.
0.
13.
4
0.
10.
4
0.
6.
0
4.
5.
[6.
16.
•81
0.
15.
0
460 WILLS AND INVENTORIES.
another bed w"' boulsters, pillowes, ruggs & blanketts,
3 chests, 1 box, 9 doz. trenchers, .
In the come chamler, in rye and pease,
In the hall, 3 spinning wheels,
one table board & forme, & 2 peir of bellowes,
2 fowleing peeces, 2 muskets, 4 chayres, .
in lynnen yarne, 2/, Qs. Hd.; in pewter, 4Z. 10*.
1 cullender, 2 pudding pans, 2 swords, 1 p''e of bandalers, 0.
In kitchin, in brasse & Iron potts & brasse panes, ladles,
skim'^, dripping pans & posnet and other pans, vail: 6. 16. 0
a pair of Andirons, 1 Brandii:* 2 pair Crooks, 5 pair of
tongs & iron spitts, pothangers, . . . 1. 0. 0
a Fornace, . . . . . 2. 0. 0
In tubbs, pales, churms, butter barrells & other impli-
ments, . . . . . . 2. 0. 0
2 thwart saws, axes, pitchforks, . . . 1. 0. 0
3 stocks of bees, 3/.; 1 cow, 1 heifer, 91.; 4 goats, 21. [14. 0. 0]
2 sowes, 5 piggs, vail: at 61.; 2 pownd of powder, 65. [6. 6. 0]
2 thousand planks at Elias Packmans, &5 C. at the Falls, 8. 10. 0
In the Barne, in wheat, pease, oats, hay, flaxe, . 7. 5. 0
The Howse and barne, w"" other howseing & homelott,
vail: ...... 100. 0. 0
Som: 247. 2. 8
16 acres & ^ of meadowe in the great meadd: 66. 0. 0
The land at the Falls, ouer the great Riuer, . 30. 0. 0
80 acres of land neere Mr. Phelps, . . 15. 0. 0
In books, valued by Mr. Smith and Mr. Warham, . 13. 0. 0
A grinding stone w^'' iron spindle & turne, . . 00. 12. 0
A share & culter, 135.; a ferry boat, 21. 10s. . [03. 03. 0
374. 18. 0
More a Lease for the Tole at the Mill, the w'='' valued at 259. 1. 1
[633. 19. 1.] Will' Gaylard, Will' Hill,
Henry Clarke.
I owe Mr. Willis 100, w'='' I make accoumpt wilbe paid thus:
thirty pownd is coming to me fro Piscataq' Company, and there is
Guns sold to do yt. A Rafte of Planke is goeing downe, I think will
be 40. What is wanting may be made vp out of the Loder.
I owe 100 to John Fishe W*" he will haue keept in New Ingland.
I owe Mr. Lummas 20 ; he will take nothing but mony.
I owe Mr. Woolcott about 12.
I owe John Fares, 25.
I owe for Tho: Sters his howse and land, about 17.
Oweing me.
The butcher, for goats, 61. I'Ss.; Gudwife Whithead for all Rats
since her husband went, & for my Canow. Mr. Williams, 21. Mr.
* Qu. Brand-iron 1 "a trivet to set a pot on." — Webster.
WILLS AND INVENTORIES. 461
Ptossiter, 2Z. Tho: Dewe, 11. 10s. Mr. Whiteing owes something as
the accoumpt will show. Mr. Hill, 3. He hath power to receaue
yt of Mr. Maio.
[100] Jo: Fishe his 100, if Henry Clarke will take yt, it shall be
paid in wheat now.
John Banks owes me about 5 or 6 pownd.
Daniells accoumpt is lefte to himselfe,
Mr. Phelps owes 1/. 18s. debt confest.
*Yf Henry Clarke will not, then yt must be keept, as the rest of
the Towne mony is.
The towne owes me 251.
Richard Sexton oweth me 16/. and for the 2 yeares to come.
The Townes Rate and his debte must be husbanded by the Ex-
ecutors.
Old Eagleston owes 21. to be paid in wheat & pease.
Mr. Hull witnesse to yt.
My wife and children must Hue vppon the Lott set out for that
purpose.
Nouember the 20*^, 1644.
An Inventory of the goods and Lands of Nathaniell Foote
of Wethersfield deceased, being truly taken and Indiffer-
ently prised by Richard Tratte, Samuel Smith and Nath:
Dickinson.
£. s. d,
Imp"^' His purse and apparrell, . . . 7. 16. 00
It In neat Cattell and in hay, . . 93. 00. 00
It in horsse fleshe, . . . .34. 00. 00
It inhoggs, ..... 66. 60. 00
It in debts, . . . . .29. 03. 04
It in Englishe corne, ... 70. 00. 00
.It in goats, . . . . . 3. 15. 00
It in carts, ploughs and the furniture] belonging
theretoo, . . . . . 6. 00. 00
It innayles, . . . . . 1. 10. 00
Ite Indean Corne, . . . . . 8. 00. 00
It in old wheat and pease, ... 6. 06. 00
It for certain things in the chamber, . . 2. 00. 00
It for amunition, .... 5. 00. 00
Ite for fower beds w"" the furniture, . . 13. 06. 08
It in fyne Lynnen, . . . . 5. 10. 00
Ite 2 table boards, 2 chests, 1 Trunke w'"* other Imple'', 5. 00. 00
It pewter & brasse and other vseful vessells, . 12. 00. 00
It in husbandry tooles, . . . .3. 00. 00
It in beife, buttor and cheese and other necessary
p'^vision for the howse, . . .8. 10. 00
* This clearly ought to follow " John Fishe his 100," &c., four lines above. The entries were
probably separated by an error of the recorder.
40*
462
WILLS AND INVENTORIES
Ite In poultry,
1. 00. 00
Som: 380. 17. 00
The debts of Nath: Foote of Wethersfield w"^ he did owe at his
disease.
Imp™, for goats, 21. It; another debt, 3/. 10*. It; 125.
It; 11. 2s. 4.d. It; 125. 6d. It; 11. lOs. . 9 7 10
The Land.
Ten acres of home lotts w^'' one dwelling howse and 2 barnes w"*
other buildings therevppon,
4 acres of home lotts,
6 acres of meadow w'*" an acre of swampe,
20 acres of plaine fenced in being 14 ac broke vp,
7 acres of the plaine meadow plowed vp,
20 acres in the great meadow of hay grownd,
4 acres in bever meadow,
27 acres of swampe grownd,
81 acres of vpland in the weste field,
32 rod broad beyond the Riuer being three myles in length.
Richard Trott, Samuell Smith,
Nathaniell Dickenson.
3 sowes, 6 young shoats prysed 17Z. One young mare prysed at 51.
A company of nayles w**" other smale things, 11. 10s.
Land devided to the Wydowe Foote.
4. ac. home lott where her howse is, . . 20. 00. 00
The howseing, . . . . .50. 00. 00
2 ac. vnsubdued, . . . . 4. 00. 00
7 ac. plaine broke, . . . . . 28. 00. 00
3^ plaine med: . . . , . 20. 00. 00
14 ac. meadow, . . . . .70. 00. 00
3 ac. plaine not broake up, ... 5. 00. 00
30 ac. vpland in westfield, . . . .15. 00. 00
Som: 212. 00. 00
Land devided to the eldest sonne.
3 ac. homelott nexther, ... 15. 00. 00
2 ac. vnsubdewed, . . . . 4. 00. 00
7 ac. plaine broke vp, . . . . 28. 00. 00
3|- of meadow, . . . . .20. 00. 00
3 ac. in great med: .... 24. 00. 00
4 ac. in beaver med: . . . . 4. 00. 00
27 ac. swampe, . . . . . 1. 10. 00
2 ac. not broke vp, .... 5. 00. 00
30 ac. vpland west field, ... 15. 00. 00
Halfe the east side, . . . . .10. 00. 00
126. 10, 00
WILLS AND INVENTORIES. 463
Land for the youngest sonne.
3 ac. homelott, . . . . .15. 00. 00
6 ac. mea: in the swamp, . . . 30. 00. 00
21 ac. west field, . . . . .10. 00. 00
halfe on the east sd, . . . . 10. 00. 00
65. 00. 00
A Debt formerly forgotten w'^hhe said Deceased Nath:
Foote did owe, . . . . 1. 10. 00
The age of the 5 children Dwelling with their mother.
Nath: Foote, 24 yeares,
Rob Foote, about 17.
Frances, about 15.
Sarah, about 12.
Rebecka, about 10.
The wyddowe of the said Nath: Foote is admitted to administer
the Estate, and the eldest sonne is to have the lands before men-
tioned as they are valued at 126Z. 10^. w'''' is to be made vppe 148/.
& the youngest sorme the pticuler landes above mentioned for him
at 65/. w"*" is to be made vppe 74/. and the daughters disposed in
marriedge are to have the 30/. a peece w"*" they have receaued
made vppe 74Z. and the other Children are to have 74/. a peece
p'^uided it is lefte at the dispose of their mother to detracte from any
of them if shee see just cause 5/. of the portion here sett downe, and
to adde yt to such of the other as best desearue yt.
[228] The last Will and Testament of Ed: Veir of Wethers-
field, W^^ he being in p^fect memory hath established, the
19th of July, 1645.*
Impmis I glue to Mr. Shareman of Totocott, 4 pownds. Ite-
to Mr. Smith of Wethersfield, 4 pownds, of w^h two legaces my
will is that my cow wh is at Totocott shall be parte, so far as
y ts worth, to be deuided betweene the two. It: I giue to Lysly
Bradfield 3 pownds. It: to John Robins and his wife, I giue
three pownds. It: I giue to Mary & Hannah the daughters of
John Robins, my two acres of meadow, w<=h I had of John
Robins in exchaynge for my howse and homelott. It: my mynd
is that John Carington and Tho: Kirkeman shalbe no loosers
by the bargaine of pease and wheat they bought of me. Ite: I
• See page 129, ante.
4G4
WILLS AND INVENTOKIES
make Mr. Shareman & Mr. Smith my executors to who I giue
the rest of my estate. Memorand: yt is my mynd that John
Carington and Th: Kirkeman shall vse their indeauor that they
loose not any thing in their Corne through their owne default.
It: my mynd is that John Carrington & Tho: Kirkman shall
haue 20s. for makeing my CofFen. It: my mynd is that there
shalbe 206'. bestowed vppon p^uissions of wyne, bear, caks and
such like of what may be had for my buriall. It: I giue to Mr.
Swayne all my workeing tooles. The marke of
In the prsence of Ed: Veir.
Nath: Dickinson.
His land prysed by Richard Trotte & Nath: Dickenson, Dec: 2:
1645.
Two acres of meadowe, 6: 14: 0 )
A peece of land in Penny wise, 1: 10: 0 > 9£.
One Sowe
Goods at Totocutt prysed hy Will'
Swayne Sf Robert Rose.
A heifer, . . 4: 10: 0
a barrell, . . 0: 4: 0
an old brasse potte, 0: 7: 0
in bedding, . . 0: 8: 0
a locke and key, 0: 1: 8
apeeceof a bearsskinne, 0: 3: 6
an old cheste, . 0: 1: 0
a frying panne, 0: 3: 6
5: 18:
Goods prysed by Gyles Smith Sf
Samuell Nettleton.
Two smale sawes, 0. 5: 0
one long playne, 0: 2: 0
one plough playne, 0: 2: 0
2 old smale playnes, 0: 1: 0
1 priker & chessell, 0: 1: 0
an old axe, . . 0: 2: 0
1 adds, . , .0: 1:
2 smale augers, . 0: 1:
16: 2
0: 16: 0)
[229] Oweing the foresaid Veare
at Totocutte.
Tho: Whitway, 0: 6: 8
Tho: Blachly, 0: 0: 10
Will' Palmer for 6 bush:
Indean, . - 0: 15: 0
Tho: Fenner, . 0: 4: 0
Lysly Bradfield, . 0: 4: 0
Oioeing him at Wether sjield.
From Mr. Robins 10 bush:
Indean, 10 bush: pease,
& of wheate, 3: 7: 6
and Qs. 8d. in corne for
worke, . . 0: 8: 8
By Rich: Hill, as ap-"]
peareth by bill, in
corne at March, de; }> 2: 16: 6
a sowe 2 yeares, to
halues,
John Carrington & Tho:
Kircu a debt of 12 bush:
of wheat and 8 of pease,3: 12: 0
Henry Palmer, 3£. in
Corne, . . 3: 0: 0
fro Ab: Elsing in Corne, 3: 0: 0
WILLS AND INVENTORIES, 465
[230] William Froste his laste will and testament, wherein
the said Willia doth giue and bequeth all his lands and
goods now inioying, the vi^^ of January, 1644.
I giue and bequeth to my eldest sonne Daniell Frost, two
p'ts of my meadowe and vpland outte and lo lay oute, (the
home lotte excepted,) and also to the said Daniell Froste all my
parte of the swampe and Redye ponds, and also fifteene acres
of meadowe that I bought of John Graye, lying att Muchun-
cohsor Sasqug, comonly so cauled, and also my cloake and
warmeing pan, I giue to the said Daniell Frost his heires for
euer ; I giue and bequeth to Rebecka & Sarah Frost that blacke
heifFer that Daniell Frost hath to wynter ; I giue and bequeth
to my Sonne Abraham Frost all that lotte and howse, w^h all
the land laid out and to be laid out, that I bought of John
Stickling, wth those mouealls I bought of him, and also those
cloathes on my bedde and my little chest, and also my two
great Oxen and my two greate yearleing Calues, w'^ all that is
in my little chest, and on third part of my howshold goods. I
giue and bequeth to my daughter Elizabeth and John Graye
the sowe that he hath to winter and all her increase and [the
third part of my howshold goods ; & to Luke Watson] the two
yeare old blacke heifer that goodman Close hath to the halfes
for fowei> yeares, the p^fite to be for the said Luke. And to
Susanna and Johana Watson, daughters to Elizabeth Graye,
one blacke heifer that John Graye hath to the halues for fower
yeares, and the profit to them both equally. And the redde
heifer that Daniell Froste wintereth, I giue to John Crayes
owne two children, and the profit equally to them both. I giue
and bequeth to Henry Graye and Lydea Graye for their hues
and after them to Jacob their sonne, all my howse and home
lott, wth that part that I chaynged w^^ John Foster, and the
third prte of my meadowe and vpland, laid out and to lay out ;
and to Mary Graye, daughter to Henry Graye, I giue and be-
queth my redde heifer that Goodman Close hath to wynter.
And to Mary Rylie and her children, I giue and bequeth all
my goods and lands that T haue in Old Ingland. And to the
Towne of Vncowah, I giue and bequeth tenn pownds, in good
[In margin] ' These words enterlyned, the third parte of my howshold goods, and to Luke
Watson.'
466 WILLS AND INVENTORIES.
pay, towards the building a Meeteing howse, to be paid when
yt is halfe built. Furthermore I ordeyne and make Henry
Graj'^e of Vncowauh, my lawfull executor, to pay and dis-
chardge my legaces & debts, and also power to receaue what
is due to me, and I giue the foresaid Henry Graye full power
to sue and dischardge for any debts or goods, that these
p^sents should stand in force, after my decease and not before,
and I entreat Ephraim Weeler and Daniell Frost to be my
Ouerseers to see my will pJ'formed according to the intent
thereof, and they are to haue ten shillings for their paynes.
Whereto I haue sett my hand and seale, the day and date
hereof
Witnes, Ephra Weeler, William Froste.
Frances Purdy,
Mary Purdy.
[529] On the backe side of Frosts Will.
These are to explayne my meaneing of howshold goods ; all
my moueable goods or tables, excepte corne and cattell and
swyne. Further, I would haue Abraham my sonne to receaue
to his vse the rent of all the howseing and land that I bought
of John Sticklin ; further, I will that Abraha my sonne pay no
rent to Henry Gray my sonne, nor Henry to him, but all former
ingadgements to be voyd betwixt the, in or about the lease. I
will that the two third pi'ts of my land be deuided as soone
after my death as may be, yet so that my sonne Henry his
leace be not disturbed. Witnes my
Witnes, Ephraim Wheeler, ' Willm Frost.
Frances Purdy,
Mary Purdy.
[231] The last Will & Testament of John Purkas.
I the said John Purkas doe appoynt my wife to be my sole
executor, to administer vppon my whole estate, to bring vp my
children, and it is my mynd & will that my wife shall possesse
my howse and land for her p^per vse for the whole tyme of her
life, pi'uided that shee shall haue noe power to alienat yt or
make sale of my howse or any of my land wt^out the consent
of John Talcotte and Richard Goodman, or one of them if ether
WILLS AND INVENTORIES. 467
of them shall dy. Also yt is my mynd that if the child my wife
goeth w^ii shalbe a sonne and shall suruiue & continue vntill the
death of my wife, that he shall possesse my howse and all my
land in Hartford for himselfe and heires ; but if the Lord giue
me noe sonne my mynd is that my howse and land be equally
deuided among my daughters that shall suruiue and continue
after the death of my wife. Also, my mynd is, that my daugh-
ter Mary &. Elizabeth shall haue ech of them a whole and ser-
uiceable pear of sheets and ech of the a pewter platter at the
age of eighteene yeares. And if God giue me a sonne w^h my
wife goeth with all, my mynd is that if my sonne shall Hue to
the age of eighteene yeares, that he shall haue my gunne, w^h
is a fierlocke, and my sowrd and bandaleres and rest, and my
long crosscutt sowe, and my betell rings and three wedges.
Also my mynd is, that my howshold shall be deuided to my
daughters that shall suruiue & continue vntill the death of my
wife, only the bedde and blanketts and one pair of sheets and
one trunke, I leaue wholy to my wife to dispose on at her death.
Witnesse hereof I haue sett to my hand the 15'^ of October,
1645.
Witnes hereunto, Jo: Talcott, Jo: Purkas.
Rich: Goodman.
Nouember 26: 1663. Know all men by these presents that
I, Jaret Spicke doe acknowledg my self receiued of Nicholas
Palmer, the full and just sume of ten pownds, which is the ac-
quiting all acco^s between us two concerning my wiues por-
tion, which was due to her by her father John Purkis his will.
Jerret Speck.
Witnes, Thomas Butler, Robert Sanford.
Whereas there haue bin an appoyntment that Nicholas Pal-
mer was to pay his daughter in lawe Elizabeth Purchass tenn
pownds &c. These presents doe testify, that I Richard Case
of Windsor doe acknowledg that I haue receiued of Nicholas
Palmer of Windsor afoarsayd Tenn pownds in pay to my con-
tent and sattisfaction, & doe hereby acquitt & dischardge the
sd Nicho: of all debts and demands, as witness my hand this
17 December : 1663:
Signed, & deliuered in the The marke of Richard M! Case
presence & witnes of us,
John Moore,
The marke, Antho: C Hoskins.
468 WILLS AND INVENTORIES.
These are true coppyes of the origanell receipts, being com-
pared therew'th Octob^ 20*^: 64: pr me, John Allyn, Sec-
refy.
[232] An Inventory of the goods of John Purkas, deceased in Oct'
oher, 1645.
One bedde & bolster, 2 blanketts, one on rag, one pair of
sheets, 2 fetherbed, pilloberes & 2 pilloberes, one cov-
erlett, ........
Two pair of new sheets & one pair of old sheets and one
halfe sheet & two old pilloberes,
His weareing cloathes, ......
6 pewter dishes and some smale things,
one great brasse kettell, one iron pott, one brasse pott, one
posnett, brass ladle, driping pan & other implements,
in barrells, tables and pailes, .....
one trunke and chest, chaiers, frying pan & gridiron,
one fier locke musket, bandalers, rest & sowrd,
one crossecutt sawe, 3 wedges, two betell ryngs, & other
implements, .......
one Cow & 6 pyggs, ......
and come for the yeare.
£
s.
4.
15.
0
2.
5.
0
4.
0.
0
1.
0.
0
4.
10.
0
1.
0.
0
1.
5.
0
2.
0.
0
1.
10.
0
8.
10.
0
30.
15.
0
Feb: 27*: 1645.
A trewe Inuentory as neere as we can find out of all the goods,
corne and cattle and lands of Samuell Ierland, deceased the 20"'
of May, 1639.
His Howse and lotte w"" 8 acres of meadowe & all other diuidents
vnsold prysed at, 40£. 0. 0
His Apparell and p'rsonall estate, . . . . 10. 0. 0
His Hoggs, . . . . . . . 20. 0. 0
Tho: Vffoote , Som: 70£. 0. 0
Jo: Edwards.
[233] Whereas I, George Willis, of Hartford vppon Con-
ectecutt am by a gratious & mercifull visitation of the Lord
sumoned to expect my chainge, to the end therefore that I
might pi'forme my duty and continue loue and peace among
those I shall leaue behind, being at the p^sent through the
gentle and tender dealeing of the Lord in full and p'"fecte
WILLS AND INVENTORIES, 469
memory, I doe dispose of that estate the Lo: hath giuen me,
and make my last will and testament as folio weth: —
I giue all my buildings, lands, tenements and heredetaments
in Hartford bownds and at Tunxis Cepus, vnto my beloued
wife Mary Willis and vnto my sonne Samuell and vnto the
heires of his body, and in the want of such heires, then vnto
my heires as yt is exp''ssed vppon record :
I doe giue vnto my sonne George and the heires of his body,
all my land and buildings vppon the west side of the great
Riuer in the bownds of Wethersfield, now in the hands and
occupation of diuers men, p^uided he doe com ouer into New
England and settle himselfe and his family heare, according as
I haue wrote him by letter, dated the 28ti» of October laste, (a
coppy whereof is among my papers and subscribed w'^ ^ly
owne hand,) and p^'uided that he make payment and send ouer
hither in goods, according to the tenour of the said letter, to
the vallue of three hundred pownds ; it being my will, that if
he attend the terms p^pownded by me in the letter aforsd he
shall inioy and there shalbe made good to him what I haue of-
fered and tendred to him in my said letter, w^h is the buildings
and land aforesaid, as also onh undred pownds to be paid him
in corne and cattle w'hin three months after his arriuall here,
researueing only twenty pownds a yeare out of the said lands,
wch my will is he shall pay to my beloued wife Mary Willis
dureing the tearme of her life. But in case my sonne doe not
attend my aduise in transplanting himselfe and family into these
pHs, or pfforme not the conditions p^pownded by me as afore,
then my will is that the buildings and land aforesaid shalbe and
remayne at the whole dispose of my beloued wife Mary Willis.
My will is further, that my sonne George shall injoy and pos-
sesse my lands and buildings att Feny Compton, in Old Eng-
land, according to a deed made to him by my feoffees, and the
heires of his body after him, and in case of the want of such
heires, then to fall to my sonne Samuell and the heires of his
body, and for want of such heires then to the right heires of
me, George Willis.
[234] And whereas vppon the makeing ouer of the moity of
my lands att Feny Compton aforesaid and the reuersion of the
other moity after on & twenty yeares to my sonne George, I
41
470 WILLS AND INVENTORIES.
researued to my selfe on third p^'te of his mariedge portion, my
will is that in case my sonne George shall giue to me or my
executrixe a generall and full relesse of all claimes and disburs-
ments expended by him for me and mentioned in his last ae-
coumpte sent me, that then he shall enioy to himselfe and his
owne pJ'per vse, that third part of his mariedge portion so re-
searued. But in case my sonne shall not accepte of this third
p^te of his mariedge portion, in full satisfaction of all claimes
and demaunds of monyes due to him fro me, then my will is
that the third parte of his mariedge portion due to me as afore-
said shalbe and remayne to the vse of my executrixe, and that
shee pay and dischardge vnto my sonne the fower hundred
pownds claimed by him fro me, in his accoumpts, out of the
estate bequethed to her, in this my will.
I doe giue vnto my daughter Hester, fower hundred pownds,
whereof two hundred pownd shalbe paid at the day of her
mariedge, in mony, and the other two hundred pownds in such
goods and comodityes as the Country doth afford, eighteene
months after the day of her mariedge, prouided shee or any
issue of her body be liueing at that tyme ; but if it please the
Lord otherwise to dispose, then my will is that the said two
hundred pownds shalbe paid to my daughter Amy and the
heires of her body.
I doe giue vnto my daughter Amy, three hundred and fifty
pownds, whereof on hundred and fifty pownd shall be paid in
mony at the day of her mariedge, and one hundred pownds
Iwelue months after that, and the other hundred pownds twenty
fower months after the day of her mariedge, pt'uided shee or
any issue of her body be aliue at the seuerall tymes of pay-
ment as aforesaid ; the two last hundred pownds to be paid in
such comodityes as this Country doth aford.
My will is that my loueing wife Mary Willis shall haue and
inioy to her owne pJ'per vse and to her assigns, the lease of the
moity of Feny Compton, for one and twenty yeares ; and my
will is that shee pay tenn pownd a yeare to my daughter Hes-
ter, and tenn pownd a yeare to my daughter Amy, for the said
tearme of the lease, pi'uided they continue so long in this life,
but when ether of the shall departe this life, then the said anu-
ity to cease.
WILLS AND INVENTORIES. 471
I doe giue vnto my sonne Samuell, all my land on the east
side of the great Riuer, w^hin the bownds of Wethersfield, he
paying to my daughters, Hester and Amy, forty pownds a peece,
sixe yeares after my decease.
I doe giue vnto my loueing fryends Mr. Fenwicke, Mr.
Heynes, Mr. Hopkins, Mr. Welles, Mr. Webster, Mr. Whiting,
Capten Mason, Mr. Hooker, Mr. Stone & Mr. Wareham,
tvi^enty shillings a peece, as a token of my loue.
[235] I doe giue vnto M^is Huet, fiue pownd, out of the debte
due to me fro her deceased husband, and to Mr. Smith fiue
pownd, out of the debte he oweth me, and to William Gybbins
tenn pownd, out of Mr. Smiths debt, to be paid to him twelue
months after my decease. George Willis.
I doe further giue to my sonne Samuell, ten pownd in mony,
and all my books, and my watch.
I doe giue vnto ech of my two daughters, a bedde and furni-
ture, w'^'» I leaue at the ordering of my wife.
It is my will that my two daughters take the aduise & coun-
sell of my loueing wife, att their dispose in mariedge.
I doe giue and bequeth vnto my beloued wife all my debts,
cattell, chatells, vtensells, mony, plate, w^^ all other moueables
not otherwise disposed of by this my will. And for the pay-
ment of my debts and p''formance of this my will, 1 doe make
my beloued wife sole executrixe.
This was published by Mr. George George Willis.
Willis, as his last will and testament,
the 14^^ of December, 1644, in the
p''sence of, Ed: Hopkins, & Will' Gybbins.
Whereas, I haue expressed before my will to be that my sonne
Samuell should pay to ech of my two daughters, Hester & Amy,
forty pownds w'^in sixe years after rny decease, now my will is
that the said forty pownds be paid w^i^in on yeare after my sonne
Samuell shall com to the age of one & twenty yeares, to ech of
my said daughters, and not before.
This last clause was added the George Willis.
22'h of Febr. 1644, in the p^sence of,
Ed: Hopkins.
472 WILLS AND INVENTORIES.
March the 4th, i644.
My will now is that the two hundred pownds giuen to my
daughter Hester by this my Will, in comodities of this Country,
and made payable eighteene months after the day of her mar-
iedge, if shee or any issue of her body be liueing at that tyme,
that the said two hundred pownd be paid in manner following,
vizt. one hundred pownds eighteene months after the day of her
mariedge, and the other hundred pownds eighteene months
after that, p^'uided shee or any issue of her body be liueing at
the seuerall dayes of payment, as before ; but if otherwise it
please the Lord to dispose, my will is that it be paid to my
Sonne Samuell and daughter Amy, and equally diuided betwixt
them. And my will is that so long as both or ether of my
daughters remayne vnmaried and my wife continue in this life,
besids their, or ether of their dyet, there be paid to the fifteene
pownds a peece, p^ ann: in this Country comodityes, for and
towards their mayntenaunce. And my will is that they or
ether of them remayneing vnmaried att my wyues death, that
sixe months after her discease the portion that is giuen by this
my will to them, or ether of them, payable at the day of mar-
iedge, shalbe paid to the or ether of them that soe remayne, to
[236] be at their owne dispose ; || and if they afterwaird marry,
then the resdue of the portion giuen to them or ether of them by
this my will, to be paid according to the tenor and true meane-
ing thereof.
I doe further giue & bequeth twenty Nobles to the poore in
the Towne of Hartford, fiue marke to the poore in Wethersfield,
forty shillings to the poore att Wyndsor, and forty shillings to
the pore at Tunxis Cepus, to be paid in Country comodits and
disposed according to the discretion of my Executrixe.
These explications and additions George Willis.*
of the 4^11 of March were made in
the pi'sence of, Ed: Hopkins,
Will' Whiteing.
* " George Wyllys Esq. late of Fenny Compton, in old England, dyed March 9''', 1644."
{^Hartford Records.) From the record of the Particular Court, (page 122, ante,) it appears that
Mr. Willys' Will was brought into Court, March 5th, 1645-fi.
wills and inventories. 473
[240] March 20'^, 1645.
A p^ticuler of all the debts oweing to William Lotham, as also
by him oweing :
Imp". Debts to him oweing, first from Mr. Robins, for de-
linking Robert Bedle at Fishers Hand, according to
Mr. Robins desire, ....
Ite: to him due fro Goodman Comstocke, for Tobaco,
Ite: also fro Walter Baker, for Tobaco,
Ite: fro Seargeant Bryan, vppon Mr. Tapens accoupt,
Ite: more fr5 Seargent Bryan, for transporting 2 butts of
sacke from Mr. Leches,
Ite: fro Seargeant Bryan more in sope,
Ite: from Henry Townsend 11. Ite: fro John Ogden,
Ite. fro Mr. Mitchell for carrieing goods,
Ite: fro Goodma Carman, 0. 6*. Ite: fro Mr. Olderton,
ite: fro Frances Homes, 36 pownd of Iron.
Debts by him oweing to the p^sons followeing : —
Imp". To one Elias, his seruant formerly, about
Ite: to on Michaell Chatterton, ....
To Frances Homes, ....
Ite: To Latha as long as he is myne after sixe and twenty
shillings a month.
A pHiculer of his goods, as followeth :
Imp": 3500 of Planke, 6000 Trunnells, 500 of Iron, part att Frances
Homes, part att Mr. Tappings, the rest in a grapnell lying att the
Waterside.
Ite: a barrell and three quarters of tarre and pitch, lying att the
waterside.
Ite: a sow in Edmund Sticlins hands.
Ite: a boate of tenn tun, w"" two roads, an anker, a grapnell,
mainesale and foresale, a iron pott, a new sute of cloathes, shues,
hatt, stockins, three shirts, 6 handcharses, 2 bands, a gunn, one hun-
dred nynty three pickes, on auger, one draweing knife.
1.
14.
0.
6.
0.
6.
1.
9.
0.
16.
3.
0.
1.
15.
3.
19.
1.
0.
3.
0.
0.
10.
0.
6.
2 chessells, 2 caukeing irons, some heads for clinke worke, a
scraper, a brest wimble, one iron wedge, a frying pan, a skellette, a
sacke w'^'' some biskett in yt, another old sacke vsed for a bedd, an
axe, a perre of pinsers, 2 hamers, a gymlett, 2 Indean baggs, a file,
a butter tub, a powder borne, a p^re of old stockings, an old buckett,
an old kettell to make fyer in, a mallett, a woodden dishe, a platter,
a litle box, on gouge, on narowe chessell, a chest, an iron candle-
sticke, 2 owers, 2 setting poles, an halespeare, a pockett compasse,
a skife & two Owyres.
These seuerall p'ticulers appeareing under the lyne Avere added
vppon a vewe taken in the boate the same morneing the Testator
dyed by others & Will' Wells.
41*
474
WILLS AND INVENTORIES.
[241] Wheras on the other side herof ther is p''ticulers of the
debts & creditts and goods of Willia Lotha, w'^'' apeares best vnder
ech p'ticuler matter, and therunto as his memory may be [ ]
being now visited by the hand of the almighty Jehouah, w"' sicknes,
haueing in p''sence of vs whose names are hereunder subscribed, de-
clared his mynd and will to be, that in case a period be put to his
dayes before alteratio hereof, then his just debts being defrayed out
of his p^sonall estate, the remaynder hereof is by him giuen & be-
quethed to John Clarke and John Ogden, who he maks joynt execu-
tors of this his last will and Testament, equally to be deuided betwixt
the. Witnes my hand the day and yeare w^^n written.
In the p''sence of vs,
Will' Wells, Ed: More,
Isacke Nicholls, George Allsoope.
SEPXeBER THE 27'", 1645.
An Inuentory of the goods of Will': Lothd late deceased.
Imp'': a Boat, 8 tun, more or lesse, valued at 30^. p^'tun, 12. 0. 0
On grapnell, on anker, about a C. and ^, . 3. 10. 0
Maynsale & foresale, . . . . .5. 10. 0
about halfe a C. wayght of rigging, w^'the oares, 1. 0. 0
a Skife, 1. 10. for old tooles & nayles, 0. 10. . 2. 0. 0
also, a chest prised att . 0. 3.
a Coat, drawers & cap, . . 0. 17.
a doublet, breches, stockings, shues
& hatt, & some other old cloathes, 2. 7.
an Iron pott, 0. 10.
prised and witnessed by 3.
Tho: Burchwood, Stephen Poste.
Som:
0
0
24Z.
Ed: More,
Will' Carrose,
Tho: Trecy.
15. 0
[242] A Inuentory
of the goods of Ed: Harrison,
ceased.
latly de-
£ s. d.
£ s.d.
one chest.
0. 6. 8
one p''re of stockings,
0. 2. 0
in mony.
3. 19. 5
one stuffe sute,
0. 6. 8
in Wampum,
0. 13. 4
one wascoate,
0. 5. 0
two shirts.
0. 8. 0
one p''re of shues,
0. 3. 4
two hats.
0. 6. 0
one p'"re of boots,
0. 7. 0
one old Coate,
0. 2. 4
one p''re of drawers,
0. 0. 6
prysed by Nath: Waird & Andrewe Warner, 7. 0. 3
Townsmen, John White, Gregory Wilterton.
Mr. Whiting speaks of some Beauer, viijZ. & boards, 8 C.
There was testimony giuen in Courte vppon tlie 28"" March, 1650, in reference to this estate,
as appeares by the Records of the said Courte, in the Booke of Perticuler Courtes. fol: 5;
WILLS AND INVENTORIES. 475
[244] Anno: 1648: Aprill 20th.
Imprimis, This is the last Will and Testament made by mee,
John Porter, of Wyndsor, allthough now weake and sick in
body yet in p^fect memory, doe bequeath my Soule to God
that gaue it, and my Body to bee buried, and my Goods as fol-
io we th : —
Item, I giue to my eldest sonne, John Porter, one hundred
pounds ; and to my second sonne Jeames Porter, I giue three-
score pounds ; and to my other six children, to witt, Sammuell
Porter, Nathaniell Porter, Rebecka Porter, Rose Porter, Mary
Porter, Anna Porter, I giue to each of them thirty pound a
peece ; w^h is to bee raised out of my whole estate, as howse-
ings, lands, cattells and houshold goods, and is to bee paid as
they come to bee twenty yeares of age or sooner if my ouer-
seers sees just cause, without whose consent I would not haue
them to marrye ; w^h if they doe, it shall bee in the power of
my ou''seers to abate of theire porcons, and giue it to the other
that are more deseruinge. And in case any of my children dye,
before they bee married or bee twenty yeares of age, theire por-
tion shall bee equally devided amongst the rest, vnless the
ou^seers see cause to abate it vppon the eldest. In case my
estate shall bee founde vppon perticular veiw to arise to bee more
in valew then these portions aboue giuen, or less then the summ,
my will is that it shall bee proportionably added or abated to my
childrens seuerall portions, except my ou''seers see cause to
abate my eldest, that hath the bigger portion, or likewise my
second. The particular goods wherein each childe shall haue
his porcon paid out of my whole estate, I leaue to the discre-
tion of my ou''seers.
My sonn Joseph Judgson is to take twenty shillings of
Thomas Thornton, the next winter.
Allso, I giue fifty shillings to the pore of Wyndsor Church.
My desire is that these my beloued freinds would bee the
oui'seers of this my last will and Testament ; Mr. Warham, of
Wyndsor, Mr. Goodwyn, of Hartford, Goodman White, of
Hartford, Mathew Graunt, of Wyndsor.
Wittnesses: John Porter.*
Henry Clarke, Abigaill Branker.
* See page 191, ante.
476 WILLS AND INVENTORIES.
Vppon consideracon of the buisnes referred to c considera-
con, touching the chilldren of John Porter of Wyndsor, deceas-
ed, wee findinge some expressions of his, that hee would make
the portions of his two eldest daughters as good as his younger,
allso wee conceiue the eldest were helpefull to the estate, and
that the Lord hath taken away one of the younger daughters,
and that the rest of the chilldren are disposed of without dam-
age to theire portions ; o'' apprehensions are (if the Courte see
meete) that the two eldest daughters portions bee made vp
thirty pounds a peece.
March 7th, leso. John Taillcott,
This is a true coppye of an originall Will': Westwood.
writing, ordered by the Courte to bee
recorded with the Will and Inventory.
J. C. Secry.
[245] Aprill 27th: 1648.
An Inuentory taken of the whole estate of John Porter, of
Wyndsor, late deceased, as bowsing, lands, and all mouea-
bles, according as they were valued by the men imployed
to prise them, whose names are underwritten :
£ s. d.
Item: All the bowsing was valued at sixty pounds, 60. 0. 0
Item: The homelott pertaining to the Howse, w"*" is seuen
acres, valued at twenty eight pounds, . 28. 0. 0
Item: The meadow before the howse containing sixteene
acres, valued at sixty eight pounds, . 68. 0. 0
Item: All his land on the east side the great Riuer, fifty
eight rodd in bredth, from the Riuer eight score
back in length, with an addition fifty rodd in
bredth, and in length two myles and a halfe, val-
ued at sixty fine pounds fine shillings,
Item: Three acres of meadow, valued at
Item: of woodland, forty six acres, valued at thirteene
pounds, twelue shillings.
Item: eight acres in a swamp, valued at two pounds.
Item: sixty acres, remoate in the woods, valued at one
pound ten shillings, . . . 1. 10. 0
Item: for plowing and seed in the ground, nineteene
pounds, . . . . . 19. 0. 0
Item: Cattle valued ; foure cowes, foure oxen, four young
beasts, one mare, nine swyne, at seuenty seuen
pounds, two shillings, . . • 77. 2. 0
65.
5.
0
6.
15.
0
13.
12.
0
2.
0.
0
6.
5.
0
20.
17.
0
0.
10.
0
WILLS AND INVENTORIES. 477
Item: All the furniture for carte and plow, valued at six
pound fiue shillings,
Item: Corne in the howse, twenty pouiad seuenteen shill:
Item: Hopps, ten shillings,
Goods within howse valued : In the parlour :
One standing bedstead, with a featherbed and all thinges
belonging to it, with a trundle bed vnderneath it ; foure
paire of sheets, with pillow beers ; table linnen ; wear-
ing cloaths of his owne, and wearing cloaths of his
wiues ; and other furniture about the room ; valued at
thirty two pound two shill: . . . 32. 2. 0
Item: In the Chamber oner the parlour :
One standing bedstead, with a featherbed and all things
belonging to it ; one halfe headed bedstead and bedding
to it; with some cushions and cotton wooll ; valued at 11. 14. 0
In the Chamber ouer the Kittchin :
Item: Some bedding for children, valued at . 3. 9. 0
Li the Kittchin :
Item: Fiue siluer spoones ; and in pewter and brass, and
iron, and amies, and ammunition, hempe and flax
and other implements about the roome and in the
sellar, valued at thirty fiue pound, 14 shilP: 35. 14. 0
Item: In the new Roome, seuerall sortes of tooles for hus-
bandry and seuerall other vses, valued at 7. 0. 0
Item: In debts owing to the estate, . . 12. 2. 0
470. 17. 0
Debts to bee paid out of the estate, 201. lis.
Henry Clarke, William Phelps,
Dauid Willton, Thomas Forde.
[246] An Inuentory taken of the goods of Tho: Fenner, de-
ceased May the 15, 164[7].
Att G» Luffuns:
Imp", a peece of Trucking cloath of about 4 yards, 32s. — A Jack-
ette, & p''re of breches, 30*. — 1 Fowleing peece, 30*. — 1
Racoone skine coate, 12^. — 11 Beauer skins atte 8*. p'p^. —
21 kniues att 4^. a dozen, 7^. — 2 lookeing glasses, 0. 8(Z. —
An old hat, stockings & shues, 3*. — a little iron potte, 6*.
Prysed by G» Luffim Sf G" Northam, May the 17.
A p^cell of wooden ware about 61. Ite: His boate and
lyne w"'' he brought vp. Ite: a p''cell of wampu about
20/. & 16 peeces of Dutch mony in Mr. Whitings hand.
The boate & loading.
478 WILLS AND INVENTORIES.
Goods att Totokett of the sd Tho: Fenners, prysed by Robert Rose
8f Jo: Plum.
Imp", one peece of trucking cloth con. 24 yards at Is. 6d.
p'yard, . . . . 9. 1. 10
one peece more of vyolet cullered trucking cloath,
of 21 yards, at 7s. 6rf. p^ yard, . . 7.17. 6
Ite: on other peece of damask coulered trucking cloath,
con. 13 yards, at 65. 6d. the yard, . 4. 4. 6
Ite: one smale & course fetherbed tecke & boulster, w"'
some fethers put into them.
It: one course Cou'lette,
It: 2 blanketts, on cotten, the other cotton & lynnen,
It: on weareing coate, 1: 5: 0. It: one coate made of
Catte skins, ....
It: one coate made of Racoone skins,
It: two deer skins, one foxe skin and a pair of Indean
stockins, .....
It: one old sowrd, 0: 0: 5. It: one pair of shues,
It: 11 traplines 0: 1:0. It: a litle oyle, in a halfe firkin, 0.
It: a smale kettle, he vsed to boyle tar in,
It: one short coate made of darnixe.
It: one Portingale cap begun made & vnlyned, w**" a smale
piece of cloth of the same,
Ite: in Wampum, .....
It: 2 yards of blewe lynen, 0: 6: 0. It: 4 bands.
It: 4 handkercheifs, cut out, vnmade,
It: on ketell, w''' will hold about a pint,
It: 2 dozen & a halfe of Jues trumps, 0: 4: 0. It: his Chest,
It: 3 yards one halfe of red broad cloath, at 18s. p"' yd.
24 bush: of Indean trucked w"" Indeans, at 2*. 6d. p'
bush: . . . . . 3. 0. 0
Concerneing his debts, we cannot yet certenly find what they are.
The writings in his chest you wrote for, are sent w'*" this Inuentory
& are fmnd to be somewhat imp'fect, w'''' is like, had we had tyme &
the booke he had w"" him, they myght haue bine p'^fected. Mr.
Swayne ought him 41., towards the w""" payment he appoynted him
to receaue 20 bush: of pease of Sa: Gardner.
Concerneing what is owed, we fynd he owes to a Country Rate,
185. 8d. ; besids there is another Rate come out, yet vngathered of
any ; and also some fenceing w''*' he hath lett out, & 22 weeks dyet
to Mr. Swayne ; also some other.
Robert Rose,
The 17* of the 3^ month 1647. Jo: Plum.
2.
0.
0
0.
12.
0
0.
14.
0
0.
10.
0
0.
10.
0
0.
11.
0
0.
5.
6
0.
1.
6
0.
2.
0
0.
6.
0
0.
4.
0
1.
0.
0
0.
4.
0
0.
6.
0
0.
2.
0
0.
4.
0
3.
3.
0
WILLS AND INVENTORIES,
479
[247] The Inuentory of the goods and lands of Abraham
Elsen, lately deceased in Wethersfield, prysed the
8th of May,* 1648, by Sa: Smith, Nath: Dickenson,
Tho: Hurlebutt.
Impr": his apparell att
Ite: in wheat & pease,
It: in Indean, att
It: in meale & molte,
It: one bed & bedding,
It: his husbandry tooles,
It: chests & a bed ticke
& wooden vessell, 2
£
s.
d.
9.
0.
0
3.
5.
0
1.
10.
0
1.
0.
0
5.
0.
0
3.
10.
0
10. 0
d.
It: his brasse, in potts &;
kettells, . 2.
It: his arms & munition, 1 .
It: his house, homelotte
I & mea: att 40.
It: his cattell, att 18.
It: his hoggs, att 5.
It: that w'='' is due to him
I fro other, . 5. 3. 0
10.
15.
10.
10.
Som:
The debts W^ he oweth
99.
17.
11.
11.
The wyddow is admitted to administer,
on 3 year old, the other a yeare and halfe.
Remayn: 82. 0. 0
She hath two daughters,
This G'*" of June, 1655. An account of y' House and Land of y°
Heires of Abraham Elsen desceased in Wethersfeild, rented out by
us, Nath: Dickinson and Sam: Smith, foure yeares, for y' raising of
y'childrens portions, according to y' appointment of this Court, unto
Thomas Hurlbutt, at foure pounds ten shillings y' yeare, voth y^ use
of 41. 1 0*. for three yeares : y' is to say, y' Rent is eighteene pounds,
y° use is two pounds one shilling and seauen pence, 18. 00. 00
02. 01. 07
Layd out for groundselling y' house, one pound
three and fourepence, . . 1. 03.
And for other necessary charges, layd out
of purse, ... 0. 06.
:20. 01. 07
01. 10. 00
The charges substracted there remaines, 18. 11. 07
For w*"*" eighteene pounds, eleaven shillings and seaven pence, wee
y' said Nath: Dickinson and Sam: Smith, doth by o' hands, y° day
and yeare abouesaid, secure y^ said portions unto y^ Courte, for y^
best improvement of y^ said portions for y" children, either till they
come at age, or till y' Courte bee pleased to call us to acco'.
{ Nath: Dickinson,
"' ) Samuell Smith.
• See pages 162, 202, ante.
480
WILLS AND INVENTORIES.
[248] The Inuentory of the goods and land of John Elsen,*
of Wethersfield, on Conectecott River, w^h he was
cesed on when he dyed, prysed the sixtenth of May, by
Sa: Smith and Nath: Dickenson.
Imp'Miis Apparrell, 6.
Ite: his cattell, hoggs & a
mare, . . 67.
Ite: his cart and plows,
w* husbandry tooles, 8.
Ite: his brasse and pewter
and iron vessell, 5.
Ite: his tables and forms,
chests & tubbs and
other woodden vessell
and some other things, 5.
Ite: his corne and meat
and molte, . .6.
18.
0
10.
0
10.
0
0.
0
10.
0
0.
0
Ite: his bedds and bedding,
woollen & lynin w"' some
leather, . . 14.
Ite: his arms and ammuni-
tion, . . 2.
Ite: his corne vppon the
grownd,
Ite: his howse & barne &
homelott & other land, 87
Ite: debts w"'' were owing
him, . .8
Ite: his books, . 1
10.0
0.0
8. 13.4
0.0
10.0
0.0
221. 1.4
A coppy of the dispose of Ms estate, before Mr. Smith.
To my B. Gardners children, land att the meadowe gate ; To my
Br: Gardner my coate ; To Mr. Smith, 5/.; My loueing wife all the
rest. Only the howse and land to her two sons, after her life ; 11
acres of meadowe, howse & lotte ; 3 roods of meadowe to B. Gard-
ners boy. The howse & home lett to Ben: The meadowe to be
deuided betweene him & Job. John T Elsin
Robert Parke his marke.
Heniy Smith
The Wyddow is admitted to administer.
[249] May the 19th, 1648.
An Inuentory of Tho: Dewys Estate,
Imp": One howse and barne, w"" the home lott, in quantity £. s. cl.
about one acre & quarter, to the foote of the hill, 40. 0. 0
Ite: one p'cell of meadowe adioyneing thereunto, about 7
acres, . . . . . . 20. 0. 0
Ite: another p''cell in the great meadow, 4 acres & one
quarter, ..... 13. 0. 0
Ite: another p'cell in the great meadowe, 3 acres and on
quarter, . . . . . 10. 0. 0
Ite: another prcell in the great meadowe, about 5 acres,
Brodde & halfe, . . . . 1.5. 0. 0
Ite: two p'cells of vpland, about 29 ac: & halfe, 20. 0. 0
Ite: one yoake of oxen, . . . 15. 0. 0
Ite: two mares & a colte, . . .18. 10. 0
* See page 162, ante.
WILLS AND INVENTORIES. 481
Ite: two cowes and on young beast, . . 12. 0. 0
Ite: one sowe & two piggs, 1: 0: 0. Ite: 2 stocks of
bees, 2: 10: 0. . . . . . [3. 10. 0]
Ite: 5 acres of corne vppon the grownd, . 5.0.0
Ite: 7 other acres of corne vppon the grownd, . 5. 0. 0
Ite: in bedding, bedsteed and lyning, . . 9. 10. 0
Ite: his weareing cloathes, 5: 10:0. Ite: Pewter, 1:8:0. [6. 18. 0]
Ite: a chest, a boxe, a cubberd, . . . 0. 11. 0
Ite: one fowleing peece, sword, powder & bullits, 1. 15. 0
Ite: wedges & betle rings, 0: 4: 0. Ite, axes, spads &
other tooles, 1: 10: 0. . . . . [1. 14. 0]
Ite: potts, kettells of brasse & Iron, . . 7. 0. 0
Ite: hempe & flaxe, IZ. Ite: a saddell & pillion, 11- As., [2. 4. 0]
Ite: meal trow, tables, payles & other smale things, 2. 1. 0
Ite: a table board, 0: 6: 0. Ite: a syth, 0: 5: 0, . • [0. 11. 0]
Ite: part in a sawe & shott mold, . . 0. 6. 0
ite: a cart, plowe, harowe, howes, and other things, 3. 10. 0
Som, 213£
The distribution of this estate was by the Courte the 17''' October 1648, as appearesby the
Records of that Courte ;* and prouision made for the childrens portions at y= Coune the 6il> of
June, 1650. fol; 9. Dauid Wilton,
Robert VVymbell.t
Syxe children, 4 boyos, 2 gerlls ; one gerle, Mary Clark, 12
yeare old ; one sonne, Thomas Dewye, S yeare. Josiah Dewey, 7
yeare old ; Annah Devvye, 5 yeare old ; Isreall Dewey, 3 yeare old ;
Jydidiah Dewey, 3 quarters of a yeare old.
[250] A trew and p''fecte Inuentory of the goods and Chat-
tells of Seth Grant, of Hartford, deceased.
Imp''': In the parlowre, one great table, 10^.: 3 joyned £. s. d.
stooles, 6s: twochaire, 4^. 6d: on chest, 6s. 1. 6. 6
It: in the lodgeing roome, 1 fetherbed & bolster, 3 pillowes,3. 10. 0
It: one rugge, 20*: one flock bolster 10s: 3 blanketts &
one couerlett, U. lOs., . ' . . . [3. 0. 0]
It: 5 curtens, I2s. 6d: one bedsted and strawe bedd, 11. 1. 12. 6
It: one trundle bed. Is: fower sheets & one board
cloath, 31. lOs. . . . . 3. 17. 0
It: 3 sheets, 3/. 10s: fower sheets, IZ: 5 perre of pillo-
bers, 11. 10s., . ■ ■ • 6. 0. 0
It: a parcell of linen cloath, 21. 0: one table cloath &
3 napkins, l'2s., .... 2. 12. 0
It: 1 graue cloath, 'Ss: three towells, 4s. Gd. . . 0. 7. 6
It. one smale boxe, w"' some child bed linnen, . 0. 5. 0
It: 2 chests, 4 boxes, 13s. 4td: one cubberd, 5s: one warme-
ing panne, 6s. 8rf., . . . . 1. 5. 0
* Page 168, ante. t Wynchell 1
42
0.
6.
8
1.
5.
0
0.
14.
0
0.
12.
0
1.
15.
0
1.
1.
6
0.
5.
0
482 WILLS AND INVENTORIES,
It: in the Hall, one Table, 2 forms, 1 chaire,
It: one muskett, bandalers, & sowrd.
It: 1 pair of cobirons, 1 slyce,* 1 pair of tongs, I p're of
bellowes, 2 perre of trammells,
It: 7 smale books, 8s: one spit & gridiron, 4^.,
It: 2 brasse kettells, 11. 5s: three brasse posnetts, 10,?.,
It: on paile w"" an iron baile. Is. 6d: 2 iron potts & pott-
hooks, 11., . . .
It: one bell mettell morter & iron pestell,
It: 2 smale bear vessels, 4^: a cowl, 2s. 8d: an hower
glasse, 25., . . . . . 0. 8. 8
It: 2 wedges, 2 axes, 2 betel rings, 8s: It: 10 pewter
dishes, 21. As., . - . . . 2, 12. 0
It: 1 pewter quarte, 1 halfe pinte, 1 beker, 1 candlesticke,
2 salts, 3 porringers, 2 saucers & 1 bason, 0. 15. 10
It: 4 smale dishes, As., . . . . 0. 4. 0
It: 2 peir of new shoos, IDs: one peir of boots, 75. 0. 17. 0
It: 4 cushens, & his weareing apparrell, . . 2. 6. 8
It: in ihe chambers, 7 bush: Indean corne, . 0. 17. 0
It: 29 bush: of wheate, 51. 16s: 10 bush, of pease, 11. 10s., 7. 6. 0
It: two bush: of Indean molt, 5*: 7 bush: of oats, 125. 0. 17. 0
It: 1 S"" of towe, 65. 4(Z: 25 pownd of hempe teare, 1/. 55., 1. 11. 4
It: in the yards, 1 Cowe, 61: two hoggs, 11. 10s. 7, 10. 0
It: on dwelling howse, w"" the barne & homelott, cont:
1 acre, 1 rood, .... 40. 0. 0
It: in the north meadow, 1 p'cell of meadow, cont: 3 roods, 4. 10. 0
It: on p''sell of meadowe & swampe, cont: 3 ac. 3 roods &;
27 p'"ches, . . . . . 20. 0. 0
It: 2 roods 4 p'ches of meadow, on the east side the great
Riuer, . - - . . . 2. 0. .0
It: 1 acre of swampe, 21: and 32 acres of vpland, 80/., 32. 0. 0
The totall sume as ther cast vppe, 141. 10. 8
March the 4^ 1646.
[251] The last Will and Testament of William Buttleb, late
of Hartford, deceased.
I William Buttler of Hartford, in Connecticutt, doe make and
ordaine this my last will and Testament, wherein I giue my
earthly goods as followeth :
And first, I make my brother Richard Buttler dwelling in
Har tford, my whole executor, and all that is left of my lands
and goods, when hee hath paid all these legacies vnderwritten, I
giue to him.
* A peel, or fire shovel.
WILLS AND INVENTORIES. 483
It: I give my sister Wests children that are now huing in
old England, fine pounds a peece. Item, I give my sister Win-
ters children, that are now living in old England, fine pounds
a peece. Item, I giue my louing frends of Hartford, Mr. Stone
and Mr. Goodwyn and Mrs. Hooker and Mr. John Steele, ten
pounds a peece. Item, Igiue to the Church of Hartford, three-
skore pounds. And further, I doe earnestly desire my two
frends, Mr. John Cullick and William Gibbens, both of Hart-
ford, to see that this my last will and testament bee fullfilled ;
and for theire loue and paines, I doe bequeath to each of them
three pounds a peece. In wittnes whereof, I the said William
Buttler haue set to my hand, this eleuenth of May, 1648.
William Buttler.
-A true and perfect Inventory of the goods and estate of William Butt-
ler, late of Hartford, deceased : apprised by John Cullick and
Williain Gibbens.
Imp': wearing cloaths and mony in his purse, . 12. 0. 0
It: one bed and furniture, , . . 10. 0. 0
It: one gunn, one sword, powder and shott, . . 2. 0. 0
It: 4 yards of searge 11. lOs. It: land at Wethersfeild,
60/. ..... [61. 10. 0]
It: Land at Hartford, 90Z. It: In debts, 193Z. 13*. [283.13.0]
Summa Totalis, 429. 03. 0=*
[252] The last Will and Testament of John Hoeskins, of
Wyndsor, deceased.
I, John Horskins, of Wynsor, doe make this my last will and
testament, as followth: Item, I give vnto the Church, three
pounds, to bee distributed by th e Deacons vnto the poore, to
bee paid in wheat or pease, as wee are able. Concerning my
man seruant, Sammuell Rockwell, my desire is that hee should
serue in my howse one quarter of a yeare after his covenant is
out, which hee hath formerly made ; and in case hee is willing
so to doe, my will is that at the end of his seruice, hee shall haue
six pounds of mee, as wee are able to pay it ; but in case hee is
not willing, then my will is that hee shall haue foure pounds,
when hee hath compleated his tearme of searuice allready cou-
* An error of the original record. The amount of the Inventory, as recorded, is £369. 3. 0
484 ■ WILLS AND INVENTORIES.
enanted. Some persons owe mee some small sums of corne,
w^h I shall leaue to the disposing of my wife and my sonne.
Fiue bushells of Indian Corne and seauen pecks of pease is due
to mee from Robert Winchell, and Thomas Hollcombe owes
mee seuen bushells of pease ; and Sammuell Gaylerd owes
mee two bushells of pease, and eight shillings or thereabouts of
an old reckoning ; and Abraham Randall owes mee foure shil-
lings. And all the rest of my goods, moueable or immoueable,
cattell, howses and lands, and any thing growing thereon, I
leaue to my wife and my sonn Thomas, assininge them to re-
ceaue my debts, and allso to make payment of theise things
forenamed, or any other ingagement of mine. In wittnes
whereof, I have herevnto put my hand, this first of May, 1648.
In the p^sence of, John Horskins.
Thomas Horskins,
Sammuell Rockwell, Abraham Randall.
An Inventory of the goods of John Horskins deceased, June this
29: 1648.
Imp^• the bowse and two barnes, with the homelott of 12
akersofland, .... 52. 0. 0
Item, 12 akers of meadow, 42Z: Item, a great lott, 27
akers, 6Z. 15s., .... 48. 15. 0
Item, at Pyne meadow, 14 akers, 30/: Item, a parcel! of
swamp, 3 akers, 3/., .... 33. 0. 0
Item, 6 akers of wheat sowen, 10/: Item, 14 akers of di-
uersesortes of grains, 18/., . . . 28. 0. 0
Item, 2 paire of wheeles, one carte, one tumbrill, w"" a
plough & tackling therevnto belonging, 6. 0. 0
Item, halfe a Boate, . . . - 0. 10. 0
Item, two axes, howes, sawes, wedges, and hookes, with
other things, . . . . . 2. 0. 0
Item, two swyne, . . . . 1. 6. 8
Item, in the Hall, one bed & a bedcase, and the furniture, 7. 0. 0
Item, two beds more with the furniture, . . 6. 0. 0
Item, in Leather, 1/: Item, in sheets, 3/: Item, two table
cloaths, 6*., ....
Item, in napkins, 6s: Item, in holland, 1/. 2s.,
Item, his wearing cloaths, 16/: Item, in cotton cloath and
kniues, 5/. 8^., .....
Item, in baggs and bottells, 1/. 6^: Item, in chests and
boxes, 1/. .....
Item, a table, formes, stooles and wheeles, 1/. 2s: Item:
in bookes, 10^?., .....
Item, one furnace pann, 2 brass panns, 1 warming pann
& other things, .....
Item, in pewter^, 1/. 2*: Item, 3 brass potts, 3/.
4.
6.
0
1.
8.
0
>A.
8.
0
2.
6.
0
1.
12.
0
3.
15.
9
4.
2.
0
WILLS AND INVENTORIES. ' 485
Item, 1 frying pann, crooks, pot hookes and other things, 1. 0. 0
Item, 3 peaces, 2 swords, powder, bandleers and bullitts, 2. 10. 0
Item, a barrill of pitch, . . . . 1. 0. 0
Item, in barrills, tubbs, pailes, hogsheads & other things, 1. 10. 0
Item, a cart rope, hemp, flax, yarne, and cushions, 2. 10. 0
Item, in corne, meale, mault and bacon, . . 9. 0. 0
Item, in salt, siues, meale troughs, one hyde, sadle &
other lumber, . . . . . 2. 10. 0
Item, 2 kine, 11/. lO.s: Item, one Cowe, 4/. and two
steeres, 61., . . • . . 21. 10. 0
Item, two steares, 9/. and one Cowe, 4.1. 10s: Item, one
Bale, Al • 17. 10. 0
Item, one yoake of oxen, 16/. 10s: Item, one mare and
colt, 14/. . . . . . . 30. 10. 0
Item, 2 yearlings and two calues, 4/. 10s: Item, in debts,
20/. 18*., . . . . . . 2.5. 8. 0
Will: Gaylerd, Thomas Stoughton, Totall sum is 338. [6. 8]
Dauid Willton.
£253] An Inventory of the goods and estate of Richard Saw-
yer, deceased July 24, 1G48.
£. s. d.
Imp"': 1 musck colored cloth doublitt & breeches, 1. 00. 0
It: 1 bucksleather doublett, at 12*: It: 1 calues leather
doublitt, at 6s., . . . - . 0. 18. 0
It: 1 liuer coloured doublett &- jacket & breeches, 0. 07. 0
It: 1 haire coloured jackett & breeches, . . 0. 05. 0
It: 1 p' of canuas drawers, 1*. 6d. It: 1 old eoate & 1 pf of
old grey breeches, 5*. . . . . 0. 06. 6
It: 1 stuff jackett, 2s. 6d. It: 1 paire greene knitt mens
hose, 2s., . . . . . 0. 04. 6
It: 1 old coloured hatt, Ss. It: 1 p"" old knitt cotton hose,
1*. 6d., . . . . . . 0. 04. 6
It: 1 new coloured hatt, at 7*. It: 10 bands, at 15.s. 1. 02. 0
It: 3 shirts, at 12*. It: 1 paire of old bootts, at 5s. 0. 17. 0
It: 1 paire of old shoes, at 2*., . . . 0. 02. 0
It: 1 chest, 1 paire of cloth buskins and other th: 0. 04. 6
It: in siluer, 2*. Sd. in wampum 2d^d. It: in debts,
21. 2s. 8d., . . . . . 2. 03. 104-
John Bernard, Totall sum is 07. 17, 10|-
Arthur Smith.
Octob' n"' 1648, The Courte gaue Mr. Cullick pow"^ to adminis-
ter vppon the estate abouesd. as appears by the Records of that
Courte.*
* Page 169, tmU.
42*
486 WILLS AND INVENTORIES.
[254] A true and perfect Inventory of the goods and chattells
of Richard Rissly, late of Hockanum, deceased.
£. s. d.
In the yarde, Impf^ two milch cows and a heifer, 14. 0. 0
Item, 3 heifers, 91. and one steare, 3/., . . 1.2. 0. 0
Item, one Bull and two young Bullocks 61 ; one calfe, 205. 7. 0. 0
Item, one steare, 51., one spotted hogg 50^., . . 7. 10. 0
Item, 2 sowes, 4Z., younge hoggs, 91.; 6 stores, 41., and
6 sliotes, 3Z., . . " . . . 20. 0. 0
In the Hall, Item, 1 muskitt, 15*., and one sword, Is., 1. 2. 0
Item, 2 frying pans, 6s., and one kettle, 16s., , 1. 2. 0
Item, 1 kettle, 13s. 4(Z., and one small kettle, 35., 0. 16. 4
Item, 1 posnett, 2s. 6d.; one iron pott, 7*., . . 0. 9. 6
Item, one small iron pot, 2s.; pott hooks and trammells, 45. ,0. 7. 0
Item, 3 platters and a plate, 85., one pewter pott, 35., 0. 11. 0
Item, 1 pewter cupp, 12d.; six spoones, 12d.; earthen
ware, 75., . . , . . 0. 9. 0
Item, 2 payles, 25. 6d.; 2 old payles, 12^., . 3.6.0
Item, 2 Indian trayes, 45.; 2 platters, 2 bowles and
dishes, 35., . . . . 0. 7. 0
Item, 1 great wooden platter, 25.; 1 lattin dripping
pann, 18<^., . . . . 0. 3. 6
Item, 1 paire of bellowes, 25.; one joined table and
formes, IO5., .... 0. 12. 0
Item, 2 chaires, 35.; 1 childes chaire, 18d.; a forme, 6(Z., 0. 5. 0
Item, 6 trenchers, a scummer, a cleansing dish, &
chaffing dish, . . . . q. 1. 6
Item, 1 smoothing iron, I2d.; 1 great Bible, 135. Ad.;
1 small Bible, 25., . . . . 0. 16. 4
Item, I. narrow axe, 35.; a broad axe, 25.; ahattchett, I2d. 0. 6. 0
Item, 1 handsaw, 12d.; 1 hammer, Sd.; 2 augers and a
beetle ring, 25., . . . ' . 0. 3. 8
Item, 1 charne, 35.; 1 coule, 35.; 1 keeler, 25.; 1 pow-
dering tubb, [35.] .... 0. 12. 0
Item, 2 beare barrills, 55.; 1 powdering trough, 45.; 2
payles, 12d., . . . . 0. 10. 0
In the Parlour : Item, 1 bedsted, IO5.; a featherbed,
straw bed & 2 boulsters, 5Z., .
Item, 1 pillow, 55.; 1 paire blanketts, 305 , .
Item, curtaines, 205.; 3 paire new sheetes, 3/., .
Item, 6 yards of lynsy woollsy, 125.; a flock bed and
boulster, 305., . . . , 2. 2. 0
Item, 1 paire of blanketts, 155.; 1 cradle, 25.; 3 pil-
lows, 85., .....
Item, 3 pillow beeres, and a warming pann,
Item, wearing clothes, and mony in his purse.
Item, 3 chests and a box, 125-; a hogshead & meale
tubb, 65.,
Item, ] peace of sole leather,
5. 10.
0
1. 15.
0
4. 0.
0
1.
5.
0
0.
15.
0
3.
0.
0
0.
18.
0
0.
3.
0
WILLS AND INVENTORIES.
487
In the chamber ; Item, one fann, Qs.; one great Indian
bagg, 4^., . . . . . 0. 10. 0
Item, e'^of hopps, As. Qd.; rough hemp, lOs., . 0. 14. 6
Item, 3 baggs, "is., & 1 spade, 2s.; a corne baskitt, \2d., 0. 6. 0
Item, 1 saw, 1 old sithe, Is.; 1 iron bayle & old how, \2d., 0 8. 0
Item, halfe a bushell, . . • . 0. 2. 0
In the Barne ; Item, 55 bush: wheate, . . 11. 0. 0
Item, 40 bush: of pease and rye, . • 6. 0. 0
Item, 15 bush: of Indian corne, . . . 1. 10. 0
Item, a Howse at Hartford, with tlie homelott, 4 akers of
swamp, and 2 of woodland, . . . 26. 0. 0
John Cullick,
Will: Gibbons.
Totall sum is 135. 5. 10
There are 3 children, viz. one daughter, by name Sarah Rissly,
betweene 7 and 8 yeares old ; one sonne, by name Sammuell Rissly,
about 2 yeares old ; and one sonn, by name Rich: Rissly, about 3
months old.
The distribution of the estate by the Courte, the T"" of DecemV,
1848, is: To the 3 children, 16Z. a peece, to bee pd to the daughter
at the age of 18 yeares, and to the sonns at the nge of 21 years, Wil-
liam Hill bringing of y"" vpp to write and read, and giuing security
to the Courte for the payment of the seuerall childrens portions.
[255] Debts owing p^r the estate of Richard Rissly deceased.
£.
s.
d.
To Joseph Mygatt,
2.
6.
5
To Mr. Olcott,
9.
1.
9
Thomas Selden,
1.
13.
11
Rich: Lord,
0.
13.
0
Capt: Cullick,
0.
17.
10
Sam: Smith, Weth:
1.
4.
0
Phillip Dauis,
0.
13.
10
Will: Gibbons,
0.
4.
0
Rich: Fellowes,
0.
1.5.
0
Mr. Moody,
0.
3.
0
Will: Wessly,
3.
8.
0
Will: Houghton,
0.
12.
6
Andr: Warner,
1.
3.
0
John Lyman,
0.
6.
0
Rob'. Ely,
1.
12.
0
Mr. IBtone & Mrs.
Mr. Edw. Hopkins,
16.
15.
8
Hooker,
0.
11.
0
To John Hopkins,
0.
4.
0
Knott,
0.
10.
6
Thomas Woodford,
0.
3.
0
Patience Smith,
John Sabell,
0.
10.
9.
0.
0
0
53.
07.
05
[255] May 20th, 1648.
The will of Robert Day bee being sick and weake, yet in
perfect memory, doth order and dispose of his estate to his
wife and children, in the manner following :
Impi'mis I give vnto my beloued wife Edatha Day my now
dwelling howse and howsing thereto adioyning, howse Lott,
488 WILLS AND INVENTORIES.
Allso all my land whereof I stand possessed, or that of right
doth belong vnto mee, lying in Hartford, during the tearme of
her naturall life : And at the end of her life, my will is that the
said howse and land shall bee for the vse of my children that
then shall bee lining, to bee deuided in an equall proportion :
my will allso is that all my howsehold stuff, and Cattle and
other moueable goods shall bee my wiues to bring vp my chil-
dren : And in case my wife should bee married to another man,
then my surviers of my will shall haue power if they thinke
good to take security for the bringing vp of the children, and
for so much estate as shall bee thought meete by them, and to
this my last Will and Testament I make my wife my Executrix,
and I doe desire my Deare Brethren, Mr. Tailecoate, Willterton,
and Stebbing, to take care of and Assist my wife in the order-
ing her selfe and my children, and I give them power to doe
what in their Judgements may bee for the best, to bring vp my
Children and dispose of them, and that I leaue, for theire good.
And to this my will I sett to my hand the day aboue written.
Edward Stebbing, Robert Day.
Wallter Gaylerd.
[256] 14th October, 1648.
An Inventory of the Goods of Robert Day Deceased.
£. s. d.
In the Chamber. Impr. one Bedstead ; one feather bed,
and feather Boulster and flock boulster : 2 pillowes,
& bedcase & Curtaines, ... - 07. 00. 00
Item : 2 blankitts, one red & yellow Cpuerlitt,
Item : 1 chest 10*. 1 Box 3s. 1 desck box 3*. . . 00. 16. 00
Item : 1 table 5*. 1 Cubberd bs. and chaiers, . 00. 16. 90
Item : 3 paier of sheetes, ..... 02. 00. 00
Item : 6 table napkins I2s. 1 table cloth 5*., . . 00. 17. 00
Item : 6 pillow beeres, 01. 10. 00
Item : the wearing clothes with 3 skinns, . . . 05. 00. 00
Item: in Linnen yearne and Cotton wool yearne, 01. 10. 00
Item : 2 Cushins Qs. 1 paire of Bellowes 3s., . 00. 09. 00
Item ; 1 Little Baskitt I2d. 1 warming pann 6*., 00. 07. 00
In the Hall. Item : 1 Brass Kettle, . . . .02. lO. 00
Item : 1 Little kettle 12s. 1 little brass kettle, . 00. 15. 00
Item : 1 brass possnett 4s. 1 brass pott 16s. 1 Iron pott
14s., 01. 14. 00
Item : 1 brass Chaffin dish 3*, ©ne skumer, . . 00. 05. 66
WILLS AND INVENTORIEa. 489
Item : 7 pewter dishes, and some broken pewter ; 1
saser : 2 pewter potts : 1 Candlestick : 1 salte : 1
small bottle : 6 ockumy* spoons, 2 porringers
and 4 old spoones, . . . . . . 01. 10. 00
Item : 1 Lattin dripping pann : 1 spitt, 1 pistoll : 1
smoothing Iron, 00. 10. 00
Item : in earthen ware, and wooden ware, . . 00. 10. 00
Item: 1 muskitt Bandleers and sword, . . 01. 00. 00
Item : 1 table and 2 chaires, . . . , . 00. 0-5. 00
In the sellar. Item, in tubbs and Tables and formes, 01. 00, 00
In y' little chamber. It: one flockbed, 2 blankitts : 1
Couerlitt, 1 feather boulster, 2 feather pillowes, 2
bedsteads, 04. 12, 00
Item : 3 hogsheads, 2 Linnen wheeles, 1 Avoolen wheele,
one Barrill, .......
Item : 1 table, 1 wheele, 1 hatchett.
Item : in working tooles, .....
Item : 1 Leather Bottle 2*. virf. 1 paire of tongs : fier
pann, grid Iron : frying pann, one trammell.
Item : in Bookes, and Sackes, and Ladders,
Item : one Cow : 1 3 yeare ould heifer : one 2 yeare old
heifer, with some hay to winter them,
Item : 2 hoggs 3Z.,
Item : in seuerall sortes of Corne with some hemp and
flax, 15. 00. 00
Item : the dwelling howse and out bowsing, howse lott
and Garden, 45. 00. 00
Item: about 6 Akers of meadow, in severall parcells
with vpland, 26. 00. 00
00.
19-
00
00.
05.
00
01.
08.
00
00.
15.
00
01.
00.
00
14.
10.
00
03.
00.
00
Summa Totalis 142. 13. 06
John Tailecoate,
Gregory Willterton,
Edward Stebbing.
[257] October 16th, 1648.
An Inventory of the Goods of Timothy Standly, of Hart-
ford, deceasied.
Imp'': in i/te kittcMn cJmmher ; One standing bedstead,
one feather bed and feather boulster, one red and blue £. s. d.
couerlitt, one paire blankitts, 2 pillowes, . . 7. 18. 08
* Ochimy, (alchemy) a mixed base metal.
490 WILLS AND INVENTORIES.
Item, one trundle bed, 1 flock bed & 2 boulsters, 1 white
blankitt, 1 straw bed case, one yello and white couer
litt, 1 feather pillow, 1 flock pillow, 2 little feather
pillows, 5. 18. 08
Item, 4 yards -^ of blankitt cloth at 35. p' yard, and one
trundle bed, 0. 18. 06
Item, one paire of flaxen sheetes, . . . .1. 04. 00
Item, 1 paire of course sheets, 125. 1 paire sheets more,
125., I. 04. 00
Item, 2 paire of hempen sheets, . . . 2. 10. 00
Item, 1 paire more of towing sheets, I65. 1 single sheete,
125., ........ 1. 08. 00
Item, more 4 paire of course sheets, 85. pr, . . 1. 12. 00
Item, 1 long table cloth, IO5. 2 shorte tablecloths, IO5., 1. 00. 00
Item, 3 holland pillow beeres, 125. 3 flaxen pillow beers,
IO5. 2 flaxen hand towells, 95. 1 course towell, 25., 1. 13. 00
Item, 1 course board cloth, 25. foure course towing tow-
ells, 65., 0. 08. 00
Item, 6 flaxen napkins, 125. 1 chest & box, 45. 3
chaires, 45., 1. 00. 00
Item, 6 cushins, 125. 1 paire bellows, 25., . . .0. 14. 00
In the Hall chamber; one chest, 125. 1 paire curtans,
2O5. 1 little chest, 35. 1 shipp chest, 25. Qd., . 1. 17. 06
Item, one trunck, 55. one old trunck, 3*. one little
chest, 25., 0. 10. 00
Item, one Fann, IO5. foure hogsheads, 85. 10 yards of
course lyning at 18cZ. pr. . . . . . 1. 13. 00
Item, 5 great platters, 205. 4 small platters, IO5., 1. 10. 00
Item, 3 sasers, and 2 bigger dishes, . . . 0. 05. 04
Item, pewter bowle, 2 small potts, 45. foure porringers,
2I5. one sake, 35. one dozen of spoones, 2s. y\d., 0. 11. 06
Item, one chamber vessell, 25. \id. 12 skinns for cloaths
at 55. p^ 3Z., 3. 02. 06
Item, the wearing cloaths, valued at . . . 6. 00. 00
In the Garritt chamber ; 1 flock bed & 4 blankitts, 2. 10. 00
Item, 8 sacks, 1. 00. 00
In the Kittchin ; 1 kettle, 305. one, I65. one, 125, 2. 18. 00
Item, 3 skilletts, IO5; 3 iron potts, 1 iron kettle, . 1. 14. 00
Item, one spitt, one lattin dripping pann, . . .0. 04. 00
Item, one brass sckumer ; in earthen ware and wooden
dishes, 0. 06. 08
Item, one iron morter and pessell, . . . . 0. 05. 00
Item, 1 kneading trough, 1 forme, 1 table, . . 0. 08. 00
Item, 2 tramells, fier pann, tongs & cobiornes, . . 0. 11. 00
Item, 1 testing iron, 2s. two linnen wheeles, 65., . 0. 08. 00
Item, 3 siuefes,* 35. one treuett, \M, 1 chaffin dish, 0. 05. 06
Item, 1 cross cutt saw, 65. 2 muskitts, 245. 2 paire
bandleers, 45. 1 fowling peece, 155., . . .2. 09. 00
• sieves 7
WILLS AND INVENTORIES. 491
Item, more one woollen wheele, . . . . 0. 0.3. 00
Item, in seuerall bookes, 20.?. and one sword, 4*. 1. 04. 00
In the Hall ; one table, 10.?. one press, lOs., . . 1. 00. 00
Item, one warming pann, bs. 1 halfe bushell, 2s. , . 0. 07. 00
Item, one great seife, 2s. in mony and wampum, 21., 2. 02. 00
In the chamher ouer the shopp ; 1 flock bed, 2 boul-
sters, 2 blankiits, 1 yello: and white couerlitt, . . 4. 00. 00
[258] Item, In the working shopp ; in lasts, axes, hand-
saw, beetle rings, iron wedges & other tooUs, . 1. 15. 00
Item, in 3 backs and halfe of leather, and one peece ; 10. 00. 00
Item, one parcell of leather, sould for 13Z., . . 13. OJ. 00
Item, one paire of Bootts, ..... 00- 10. 00
Item, in Cartes and wheeles, & chaines & plow irons, 2, 10. 00
Item, 6 oxen valued at, 38. 00. 00
Item, 2 cowes. III. one heifer, 2/. 10.?. two calues, 21., 15. 10. GO
Item, 1 yeare old horse colt, 4/. 4 sheepe, bl. one blan-
kitt more, 10*., 9. 10. 00
In wheat at Farmington, valued at 100 bush: out of
which the family is to bee provided and some small
debts paid.
Item, 6 iioggs at 25s. p', and 3 piggs, ... 9. 00. 00
Item, 2 hiuefes ot bees, 1. 10. 00
Item, the dwelling howse, home lott, and little meadow
lott, and outhowsing, with uplands, . . . 75. 00. 00
Item, 8 akers of meadow and swamp, in the northmeadow, 40. 00. 00
Item, 3 akers of meadow and some vpland on the east
side of the great Riuer, ..... 12. 00. 00
Item, land and bowsing at Farmington, . . . 40. 00. 00
Totall sum is 332. 18. 10
John Tailecoate, Will: Westwood,
Edward Stebbing, Thomas Standly.
The distribution of the estate by the Court, the 7'^'' Decemb"",
1648, is as foUoweth : To the two eldest daughters, 50^. out of the
moueables. To the eldest sonn, Calib, the howses and lands in
Hartford, at the age of 21 yeares ; hee paying to the youngest
daughter, if shee Hues, 30Z. To the youngest sonn, Isaack, after the
decease of his mother, the land and bowsing at Farmington.
These presents witnesse, that we Thomas Portter & Lois Porter
haue fully receiued of o"' brother Caleb Standly of Hartford, that
portion that was alotted or distributed to Lois by the Honoured Court
as her portion due to her of her father Timothy Standly his estate,
and we doe by these presents fully acquitt, exoneratt and discharge
our sayd brother Caleb Standly, his heires, executors and adminis-
trators of all debts, dues and demands whatsoeuer dew from him the
sayd Caleb Standley, by vertue of any guift or distribution made of
the estate of o' Honoured Father Timothy Standly deceased ; as
492 WILLS AND INVENTORIES.
witness o'' hands this first day of December, in the the year of o'
Lord, one thowsand, six hundred and seuenty.
Witness, Samuel Cowles, Thomas Porter,
Abigail Cowles. Lois Porter.
This is a true coppy of the originall, being examined & compar-
ed therewith, this 5"" of January, 1670, p"^ me,
John Allyn, Secret'y'
[259] October 17th, 1648.
The Testament of Edward Chalkwell.
Imp'': I doe bequeath vnto Nicholas Sension my gunn and
sword and bandaleers and best hatt and forty shillings : Item,
to John Moses, my best sute and coate and stockings and shoes :
Item, to Mr. Warham, forty or fifty shillings, according as my
goods doe hould out, after my debts bee paid : Item, to Georg
Phelps, three pounds, and if any thing bee left, I giue it to the
poore of the Church, and I doe make George Phelps executor
to this my will and testament.
Wittnes, Henry Woollcott,
Nicholas Sension.
An Inventory of the goods of Edward Chalkivell, December 5'* , Anno
Dmni: 1648.
Imp" A cotton sute, breeches and jackett, . . 00. 12. 00
Item, a cloth sute, breeches and jackett, . . . 00. 12. 08
Item, a coate, jackett and breeches, ... 3. 00. 00
Item, a leather doublitt, 8s. a cloth doublett, 5s , . 0. 13. 00
Item, a red jackett, 16*. Item, worsted stockings, 6;?. 6c^., 1. 02. 06
Item, a chest lock, Is. Gd. and 1 paire of gloues, 00. 04. 08
Item, a peece of trading cloth, 6s. 6d. 1 p'' shoes, 3*. 8d.
1 p' stockings 3^., 00. 13. 02
Item, 2 old paire stockings, Is. Item, 2 shirts, val'd 6s., 00. 07. 00
Item, a band and strings, 2s. Item, 7 yards of Lock-
rum, 125., . . 00. 14. 00
Item, a gunn 12^. a cuttlas, 24^. a belt, 2s., . . 1. 18. 00
Item, his best hatt, 14s. an old hatt, I*., . . .0. 1-5. 00
Item, an axe howe, 6s, and chest, 2s. \id., . . 0. 08. 08
Item, bandleers and powder hoi-ne, . . . .0. 03. 00
Item, wheat, 2 bush: pease, 2 bush: ... 0. 14. 00
Item, p''t of a pott, frying pann, old payles, bedstick &
barrill, 0. 09. 00
Item, seed wheat, 3 bush: ^, and 1 day ^ worke, . 0. 16. 00
Item, a bible, . - 0. 05. 06
Item, in flax, 13. 07. 08
WILLS AND INVENTORIES. 498
[260] March 20ti>, 1643.
Whereas by the Providence of God, I William Whiting
doe intend a voyage presently vnto sea, mans life being all-
wayes incident to change, but so much the more in regard of
my voyage, therfore, I did thinke good, if God should not re-
turne mee with safety, to leaue some lynes in generall, as my
last Will and Testament. And whereas that estate I haue
doth lye in such a manner as it is vncerteine what it will bee,
therfore my will is it should bee thusdevided : I giue vnto my
loving wife, halfe my houshould stuffe of all kinds, and one
fourth parte of my whole personall estate; and her widdowes
estate in my now dwelling howse and lands at Hartford, vntill
my Sonne William bee the age of twenty and one yeares, and
after, if shee continue a widdow, I giue her the one halfe of my
said howse and land for her life. I bequeath vnto my sonne
William, one hundred pound more then I giue vnto either my
Sonne John or my sonne Samuell. I bequeath vnto my sonne
John one hundred pounds more, and my sonne Samuell, one
hundred pounds more a peece, then I giue vnto my daughter
Sarah or vnto my daughter Mary. The fourth parte of my es-
tate being taken out for my wife, one hundred pound for
my eldest sonne not being accounted with the rest, hee
hauing an equall proportion with my two other sonns in the
estate, my other two sonns and hee taking one hundred a peece,
I bequeath the rest of my estate thus ; first, to haue 20/. paid
vnto Mr Hooker, towards the furtherance of setting forth for
the benefitt of the church his worke uppon the 17'^ of John,*
with any else hee doth intend. I desire Mr. Stone may haue
added vnto the 5/. I did promise him, 51. more. Allso, I be-
queath 5/. towards the mending of the high wayes betwixt my
howse and the meeting howse. Allso, I giue 5l. to some godly
poore in the Towne. These sums being taken out, I doe be-
queath the rest of my estate vnto my fiue children to bee
equally deuided amongst them, that is, euery one a like propor-
tion ; and this my said estate to bee improued vnto the best ad-
vantage for the breeding vpp of my children in learning, to
*This work of Mr. Hookers, so far as it was completed before his death, was first published
in London, in 1657, under the title of "Christ's Prayer for Believers, a Series of Discourses
founded on John xvii. 20-26."
43
494 WILLS AND INVENTORIES.
schoole, and in the feare of God ; and theire portions to bee
paid before the age of twenty and one yeares, as the provi-
dence of God shall giue occasion. And my will is that if any
of them dye before the said tearme of yeares, the portion should
bee deuided among the rest of my children. And that this my
will may bee performed, I doe earnestly intreat my much hon-
ored frends and beloued in the Lord, Mr. John Haynes, Mr,
Edward Hopkins, Mr. John Webster, with o^^ deare and louing
Pastor, Mr. Thomas Hooker and Mr. Sainuell Stone, to bee
ou»"seers of this my last will and Testament, not doubting they
will indeauo"" the performance of the same. In testimony of
my loue to them, I doe bequeath, out of my whole personall
estate, lOZ. a peece. Allso, I doe bequeath vnto my Father and
Mother, 20/., and if they bee dead my minde is it should bee
giuen vnto my brother and his children. My meaning is, my
land and howse shall bee accounted a parte of my sonne Will-
iam, his portion. And my will is, if those my oui^seers doe
thinke my second sonne fitt to make a schollar, for his naturall
parts, and allso in the gifts of his mind hopefuU to keepe the
fire vppon the Alltar, my will is hee should bee sett aparte for
that seruice.
This is my last will, as wittnes my hand, the day and yeare
aboue. William Whiting.
Aprill 2*1, 1646. Whereas by the providence of God, I am
intending a voyage, my will is that my sonne Joseph shall haue
an equall portion with my sonne John and my sonne Sainuell,
out of my whole personall estate. Allso, I giue my sonne
WiUiam, 50/. more. I giue vnto my daughter Mary, 10/. more.
Allso, I giue vnto my sister Wiggen, 5/. and vnto her children,
3/. a peece. I giue vnto Margery Parker, 10/. My former
will, my mind is, it should bee in force ; and these last legacies
should bee paid at the age of 21. The rest to bee paid in one
yeare after my decease. p"" mee,
This was done in the presence William Whiting.
of Mr. Edward Hopkins.
[261] In a letter to Mr. Hopkins hee did further express him-
self, as foUoth :
WILLS AND INVENTORIES. 495
S*", I left my last with you. God hath increased my number.
My mind is that the last should haue an equall proportion with
the rest. And whereas I did referr some trust with Mr. Haynes,
1 doe now referr all vnto you, and the rest expressed therin.
William Whiting.
And vppon his death bed hee did declare, as follow*** :
It is my minde, if the Lord take mee away at this present,
before I can draw vp any further will, that the children w^^
Ood hath giuen mee since the will was made w^h I haue in Mr.
Hopkins his hands, shall haue an equall proportion in all my
estate, together with the rest of my children, as I haue there
deuised. Allso, I confirme ten pounds giuen to Mr. Hopkins,
ten pounds giuen to Mr. Webster, ten pounds to Mr. Hookers
children, ten pounds to Mr. Stones children, ten pounds to the
pore, fine to Hartford and fiue to theise other two townes
Wyndsor and Wethersfeild, and fiue pounds to Mr. Smiths
■children, of Wethersfeild.
July 24'h 1647. William Whiting.*
In the presence of Henry Smith,
Jeames Cole.
April 24th, 1649.
The Courte taking into serious consideration Mr. Whitings
Will, and judging it necessary for the preuenting of future dif-
ference to express theire judgements therevpon, doe conceiue
that it was according to his true meaning and intent that the
last Sonne borne after his death should haue an equall portion
with the rest of his sonnes, except the eldest ; And they doe
conceiue that twenty pound should be paid to Mr. Hooker vp-
pon a speciall consideration, viz : for the putting forth of his
worke vpon the 17*^ of John ; and the ten pound giuen in his
last writing to Mr. Hookers children, to bee in leiw of the ten
pound giuen in his first writing to Mr. Hooker as ouerseer.
Allso, they doe conceiue that the fiue pounds giuen to Mr.
Stone, in his first writing, should bee paid, and the ten pounds
giuen in his last writing to Mr. Stones children, to bee in leiw
of the ten pounds giuen Mr. Stone, in his first writing, as ouer-
* Administration granted to the widow of Mr. Whiting, Sept. 2, 1647. The estate distrib-
uted, Oct. 3d, 1654. See pages 157, 262.
496 WILLS AND INVENTORIES.
seer. To his Father etc. twenty pounds, fiue pounds to his
sister Wiggen, and three pounds a peece to her children. Ten
pounds to Margery Parker ; fiue pounds to Mr. Smiths children ;
fiue pounds to the mending of the highwayes, and fiue pounds
to the pore of Hartford ; fifty shillings to the pore of Wyndsor,
and fifty shillings to the pore of Wethersfeild.
That legacy giuen to Mr. Haynes is left to further considera-
tion.
Theise are the aprehensions of the Courte for the present,
till other and better lighte appeares.
It was further declared by the Courte, this 24tiJ of March,
16f f, that it is theire aprehensions, according to their present
lighte, that whereas Mr. Whiting giues his wife her widdowes
estate in her howse &land in Hartford, vntill his sonne William
comes to the age of 21 yeares, that it was his intent and mean-
eing that his said wife should injoye his said howse and land vn-
till William bee of the age aforesaid of 21 yeares, though shee
bee marryed before.
And whereas, hee giues her one fourth p^t of his whole per-
sonall estate, It is in like manner theire aprehensions, the 24*^
March, 16f f, that it was his intent & meaning that his said
wife should not haue a fourth p^t of his bowsing & lands.
[262] Aprill 20th, 1649.
A71 Inventory of the Estate of Mr. William Whiting, deceased.
In the parlour ; It: A featherbed, 2 flock bedds, 2 p'' of
sheets, blankitts, stooles, a clock, a safe, a bedstead,
cradle, cobirons &c. valued at, . . .
In the Hall ; It: a table, a courte cubberd, 6 joint stooles,
3 cbaires, 6 cushions, and andii'ons &c. valued at,
hi the parlour Chamber ; It: 2 flock beds and boulsters,
It: 2 featherbeds, boulsters and pillowes,
It: 6 blankitts, 1 p' sheets, 2 coverlitls & a trundle bed,
It: a coverlitt, vallance, curtaine, cubbert cloth, 2 small
carpets, ........
It: a bedstead, 2 chaires, and 4 stooles,
It: a cubberd, a window cushion, cobirons and 3 p of
bellowes, 02. 02. 08
It: 8 paire of fine sheets, 6 large table cloaths, 12 pillow
beers, 4 doz. fine napkins, and 6 shorte table cloaths, 19. 06. 00
It: a chest contayning seuerall remnants of wollen and
linnen, intended for thevse of the family, valued at, 10. 00. 00
£
. s.
d.
17.
06.
00
04.
17.
00
03.
00.
00
14.
00.
00
07.
01.
00
09.
00.
00
02.
06.
00
12.
00
10.
00
10.
00
00.
00
00.
00
WILLS AND INVENTORIES. 497
It: a trunck and 4 window curteines, . . . 00, 18. 00
In the Hall Chamber; It: 6 cushions, 2 greene carpetts,
a coverlitt, a sett of curtaines and valence of greene
say, 5 old curtaines and valence, . . 07.
It: a chest & 4 ti'uncks 1/. 10^.; 2 remnants of Kither-
mast' stuff, 21., ...... 03.
In the closeit ; It: seuerall pewter dishes cont: 9l/Z>s.; a
flagon, 2 candlesticks &l a chamber pott, valowed at, 06.
In the garritt ; It: a flockbed, 2 boulsters, a blankitt, 2
ruggs, 2 pillows and a bedstead, . , . 05.
It: 5 p' of sheets and 5 doz: napkins, . . . 05.
In the kitching chainber ; It: a bed, 2 couerings, a p"" of
sheets, and two bedsteads, .... 03. 10. 00
In the Kittching ; It: 2 brass potts, 5 iron potts and an
iron kettle, 4 brass panns and 6 brass kettles and 9
skilletts, 14. 10. 04
It: a pott posnett, a brass morter & chafing dish, 01. 00. 00
It: 12 old pewter dishes, 6 porringers, 2 quart potts, 1
pinte, 2 chamber potts & a roster, . . 02. 03. 04
It: a frying pan, gridiron, 3 spitts, a jack, racks and
cobirons, . . . . . 01. 17. 00
It: a furnace, 2 dripping panns, and a grater, . 03. 04. 00
It: in tubbs and keelers &c., . . . .02. 10. 00
It: a new iron kettle &. a warming pann, . 00. 13. 04
It: in plate and niony, . . . . 14. 10. 00
161. 06. 08
In the closett, more ; It: in wampum, . . 39. 09. 00
It: in howes and hatchetts, shoes, nayles, pinns, paper,
shott, fish hooks, and all blades, , . 16. 19. 00
It: in Beauer, 10/. 4*.; It: in Amunition & gunpowder,
11. 10*., ..... 17. 14. 00
It: in shagg cotton, stockings, hollands, deare skinns &
9 yards stuff, . . . . 19. 03. 00
It: in hatts, capps, gilded looking glasses, 7 peeces tape,
tinn cupps and dram cupps, . . 04. 13. 06
It: 25 yards greene tammy, 2/. 18*. Ad.; 13 peeces of
duffles, i30/., .... 132. 18. 04
It: in looking glasses, pewter bottles, brass ladles,
brushes, bells, thimbles, boxes, kniues, sissers,
combs, Jewes harps, . . . .19.
It: 4 small brass kettles, .... 01.
It: 2 Racoone coats, 1 Wolf skin coate, 4 Bear skinns,
3 Mooss, ..... 06.
It: one small baser, 2/.; It: 2 p' of stilliars, IZ. lOs., 03.
It: Tobacko pipes, \l. lOs.; It: in bookes and apparell, 25Z. 23.
It: in beauer, mooss and wampum, more, . . 250.
It: in 2 great gunns, anker, a cable, & hides, vppon
Cariso:* adventure, .... 61. 11. 06
* Curacoa ■?
43*
06.
02
06.
08
10.
00
10.
00
10.
00
00.
00
498 WILLS AND INVENTORIES.
It: in skinns, and debts, vppon a voyage to Verginia, in
anno 1647, yet due, .... 67. 10. 00
It: in Tobacko, at Verginia, . . .65. 00. 00
It: in the proceed of corne and porke, sould in anno 1648, 48. 00. 00
II: in oyle, soape, vinegar and other goods from Dela-
vvar, yMast yeare, . . . .30. 00. 00
It: in trade at Long Hand, . . . . 30. 00. 00
It: in stock for trade at Waranoco, . . 100. 00. 00
It: in goods sent from England, . . . 65. 19. 03
It: in p"t of a pinnace, . . . .40. 00. 00
It: in debts in the book, whereof -^ is doubtful, . 372. 00. 00
It: in debts at Dill aware, w*"'' are harserdous, . 90. 00. 00
It: in debts heere, vppon Mr. Whitings last voyage to
Dillawar, ..... 15. 00. 00
It: a debt of Steph: Luxford, very doubtfull, 15. 12. 00
It: a hhd. of Beauer, very haserdous, at least in great
]ft, sent for England, in Trerice, valued at, . 60. 00. 00
It: goods and debts at Piscataway, very haserdous, 150. 00. 00
It: 7 cowes, a bull stagg and a young bull, 5 calues, and
9 other cattle, at Warranoco, & 1 at the sea side, at 102. 00. 00
It: 2 mares, 3 horses and 3 colts, . . .77. 00. 00
It: 20 hoggs, small and great, that were killed, . 45. 00. 00
It: 23 store hoggs, 20/.; It: beefe in the tubb, lOZ., . 30. 00. 00
it: bowsing an"d land at Wyndsor, at . . 300. 00. 00
It: bowsing and land in Hartford bounds, . . 400. 00. 00
2854. 00. 00
Debts owing by this estate, about 97Z.
This'aprizement was made the day and yeare before expressed,
according to the best light that then appeared, by vs,
Nathaniell Warde,
John White.
[263] The last Will and Testament of Mr. Thomas Hooker,
late of Hartford, deceased.
I Thomas Hooker, of Hartford, vppon Connecticutt in New
England, being weake in my body, through the tender visitation
of the Lord, but of sound and perfect memory, doe dispose of
that outward estate I haue beene betrusted withall by him, in
manner following : —
I doe giue vnto my sonne John Hooker, my bowsing and
lands in Hartford, aforesaid, both that which is on the west, and
allso that W^^ is on the east side of the Riuer, to bee inioyed by
him and his heires for euer, after the death of my wife, Susanna
WILLS AND INVENTORIES. 499
Hooker, provided hee bee then at the age of one and twenty
yeares, it being my will that my said deare wife shall inioye and
possess my said howsing and lands during her naturall life :
And if shee dye before my sonne John come to the age of one
and twenty yeares, that the same bee improued by the oui'seers
of this my will for the maintenance and education of my chil-
dren not disposed of, according to theire best discretion.
I doe allso giue vnto my sonne John, my library of printed
bookes and manuscripts, vnder the Hmitations and provisoes
hereafter expressed. It is my will that my sonne John deliuer
to my sonne Samuell, so many of my bookes as shall bee valued
by the ou""seers of this my will to bee worth fifty pounds ster-
ling, or that hee pay him the soiTie of fifty pounds sterling to
buy such bookes as may bee vseful to him in the way of his
studdyes, at such time as the ouerseers of this my will shall
judge meete ; but if my sonne John doe not goe on to the per-
fecting of his studdyes, or shall not giue vpphimselfe to the ser-
uice of the Lord in the worke of the ministry, my will is that
my sonne Samuel inioye and possesse the whole library and
manuscripts, to his proper vse for euer ; onely, it is my will that
whateuer manuscripts shall bee judged meete to bee printed,
the disposall thereof and advantage that may come thereby I
leaue wholly to my executrix ; and in case shee departe this life
before the same bee judged of and setled, then to my ouerseers
to bee improued by them in theire best discretion, for the good
of myne, according to the trust reposed in them. And howeuer
I do not forbid my sonne John from seeking and taking a wife
in England, yet I doe forbid him from marrvins; and tarrvins
there.
I doe giue vnto my sonne Samuell, in case the whole library
come not to him, as is before expressed, the sum of seuenty
pounds, to bee paid vnto him by my executrix at such time, and
in such manner, as shall be judged meetest by the ouerseers of
my will.
I doe allso giue vnto my daughter Sarah Hooker, the sum of
one hundred pounds sterling, to bee paid vnto her by my exec-
utrix when she shall marry or come to the age of one and twenty
yeares, w<=h shall first happen ; the disposall and further educa-
500 WILLS AND INVENTORIES.
tion of her and the rest, I leaue my wife, advising them to at-
tend her councell in the feare of the Lord.
I doe giue vnto the two children of my daughter Joannah
Shephard deceased, and the childe of my daughter Mary New-
ton, to each of them the sum of ten pounds, to bee paid vnto
them by my sonne John, within one yeare after hee shall come
to the posession and inioyment of my howsings and lands in
Hartford, or my sonne Samuell, if by the decease of John, hee
come to inioye the same.
I doe make my beloued wife Susanna Hooker, executrix of
this my last Will and Testament, and (my just debts being
paid,) doe giue and bequeath vnto her all my estate and goods,
moueable and imoueable, not formerly bequeathed by this my
will. And I desire my beloued frends, Mr. Edward Hopkins
and Mr. William Goodwyn, to afFoard theire best assistance to
my wife, and doe constitute and appoint them the ouerseers of
this my will. And it hauing pleased the Lord now to visitt my
wife with a sicknes, and not knowing how it may please his
Mat^^e to dispose of her, my minde and will is, that in case shee
departe this life before shee dispose the estate bequeathed her,
my aforesaid beloued frends, Mr. Edward Hopkins and Mr.
William Goodwyn, shall take care both of the education and
dispose of my children (to whose loue and faithfullnes I com-
mend them,) and of the estate left and bequeathed to my wife,
and do committ it to theire best judgment and discretion to
manage the said estate for the best good of mine, and to bestow
[264] it vppon any or all of them in such a proportion || as shall
bee most sutable to theire owne api^hensions ; being willing
onely to intimate my desire that they w^h deserue best may
haue most ; but not to limmitt them, but leaue them to the full
scope and bredth of theire owne judgments ; in the dispose
whereof, they may haue respect to the forementioned children
of my two daughters, if they see meet. It being my full will
that what trust I haue comitted to my wife, either in matter of
estate, or such manuscripts as shall bee judged fitt to bee printed,
in case shee liue not to order the same herselfe, bee wholly trans-
mitted and passed ouer from her to them, for the ends before
specified. And for mortallity sake, I doe put power into the
hands of the forementioned beloued freinds, to constitute and
WILLS AND INVENTORIES. 501
appoint such other faithful! men as they shall judge meete, (in
case they bee depriued of life or libberty to attend the same, in
theire owne persons,) to manage, dispose and performe the es-
tate and trust comitted to them, in as full manner as I haue
comitted it to them for the same end.
This was declared to bee the last Thomas Hooker.
Will and Testament of Mr. Thomas
Hooker, the seuenth day of July, 1647,
In the presence of
Henry Smith,
Samuel 1 Stone,
John White.
[265] An Inventory of the estate of Mr. Tho?nas Hooker, deceased,
taken the 2lst Aprill, 1649.
In the neio Parlour ; It: 3 chaires, 2 stooles, 6 cushions,
a clock, a safe, a table, window curtaines &c., 05. 00. 00
In the Hall ; It: a chest of drawers, and in it, 2 dozen of
dishes, a pewter flagon, basons, candlesticks, saw-
cers, &c., , . . . .06. 00. 00
It: in ammunition, 4Z. It: in a table, & forme, and 4
wheeles, 1/., ..... [05. 00. 00]
hi the ould Parlour ; It: 2 tables, a forme, 4 chaires, 4
stooles, 4 table carpetts, window curtaines, andirons
and doggs &c. in the chimny, . . 09. 00. 00
In the Chamber ouer that ; It: a featherbed and boulster,
2 pillowes, astrawbed, 2 blankitts, a rugg, and cou-
erlitt, darnix hangings in 7 peeces, window cur-
taines, curtaines and valence to the bed, a bedstead,
2 chaires, and 3 stooles, andirons &c. in the chim-
ny, & a courte cubberd, ... 14. 05. 00
It: curtaines and valence to the same bed, of greene say,
and a rugg of the same, with window curtaines, 05. 00. 00
In the Hall Chamber ; It: atrunck of linnen, cont: 20 p'
sheets, 8 table cloaths, 5 doz. napkins, 6 p" of pillow
beers, andtowells, . . . .27. 00. 00
It: a bedstead, two truncks, 2 boxes, a chest &achaire, 03. 05. 00
In the Kittchin Chamber ; It: a featherbed, a quilt bed, 2
blankitts, 2 couerlitts, 1 boulster, a flockbed and
boulster, a rugg and blankitt, a chest & ould trunck,
and a bedstead, . . . .12. 00. 00
In the chamber ouer the new Parlour ; It: 2 featherbeds,
2 boulsters, a p' of pillows, 5 blankitts and 2 ruggs,
stript valence and curtaines for bed & windowes, a
chest of drawers, an Alarum, 2 boxes, a small
trunck, 2 cases of bottles, 1 p" of dogs, in the chim-
ney, . . . . . 21. 00 00
502 WILLS AND INVENTORIES.
In the garriUs ; It: in corne and hoggsheads and other
houshould lumber, ... 14. 15. 00
It: in apparrell and plate, .... 40. 00. 00
In the Kittchin ; It: 2 brass kettles, 3 brass potts, 2 cha-
fing dishes, 2 brass skilletts, a brass morter, a brass
skimmer, and 2 ladles, 2 iron potts, 2 iron skilletts,
a dripping pann, 2 kettles, 2 spitts & a jack, a p"^ of
cobirons, a p'' of andirons, a p" of doggs, fire shouell
and tongs, 2 frying panns, a warming pann, a grid-
iron, 7 pewter dishes, 2 pjrringers, 1 p' of bellowes,
a tinn dripping pan, a roster, & 2 tyn couers, pott-
hooks and trammells ; all valued at . 12. 10. 00
In the Brew howse ; It: a copper mash tubbs, payles,
treyes, &c. .....
In the sellars ; It: 2 stills and dairy vessells,
It: in yearne ready for the weauer.
It: 2 oxen, 2 mares, 1 horse, 2 colts, 8 cowes, and 2
heifers, 3 two yeares ould and 6 yearlings, val-
ued at, .... . 143. 00. 00
It: husbandry implements, .... 05. 00. 00
It: Howsing and Lands within the bounds of Hartford,
on both sides the Riuer, . . . 450. 00. 00
It: Bookes in his studdy &c., valued at . . 300. 00. 00
It: an adventure in the Entrance, . . . 50. 00. 00
04.
10.
00
06.
00.
00
03.
00.
00
1136. 15. 00
The foregoing particulars were prised the day and yeare aboue
written, according to such light as at p'^sent appeared,
by Nathaniell Ward,
Edward Stebbing.
[266] The last Will and Testament of Mr. Henry Smith,
late of Wethersfeild, deceased.
I Henry Smith, of Weathersfeild, being at present in health
of body and soundnes of minde, considering my mortallity, and
knowing it to bee my duty to prouide for my family and settle
my estate, that I may leaue no occasion of trouble to my chil-
dren when I am gonn, and that I may free myselfe from distrac-
tions of this kinde, if it shall please God to visitt mee with sick-
nes before I dye ; I doe therfore leaue this testimony vppon
Record, as my last Will and Testament.
First, I doe professe my faith and hope to bee in the free
grace aloane of God in Jesus Christe, whose I wholly am, and
to whome I haue for euer giuen vpp my selfe, both soiile and
WILLS AND INVENTORIES. 503
body, being fully perswaded of his vnchangeable loue and good-
will, both in life and death to mee and mine, according to his
covenant, viz : I am thy God, and the God of thy seed after
thee.
Then for my owtward estate, W^'^ because it is but little, and
I haue well prooued the difficultyes of this Country, how hard a
thinge it will bee for a woman to mannage the affaires of so
great a familye as the Father of Mercyes hath blessed me with-
all ; and haue had allso experience of the prudence and faithfull-
nes of my deare wife, who shall, in parting with me, parte allso
with a great parte of her liuelihood ; I do therfore bequeath
and giue vnto her, the full power and dispose of all that estate
•w*^^ God hath giuen mee, in bowses, lands, cattells and goods
whatsoeuer, within dores and without ; onely providing, that
in case shee marry againe, or otherwise shee bee able comfort-
ably to spare it from her owne necessary maintenance, that
shee giue vnto my sonne Samuell that parte of my howselott
that was intended for my sonne Perrigrine, lyinge next to the
burying place, and the land I haue beyond the great Riuer
eastward ; and allso, to him and my second sonne Noah, fiue
acres apeece of meadow, with vplands proportionable therevnto,
and to the rest of my children vnmarried twenty pounds
apeece, at the age of one and twenty yeares, or at the time of
her death, w^^ shall come the sooner. And for my two daugh-
ters that bee married, my desire is, that they may haue twenty
shillings a peece, and euery one of theire children, fiue shillings
a peece, either in bookes or such other thinges as my wife shall
best please to parte withall. And I desire the Church, whose
seruant I now am, to take the care and ouersight of my family,
that they may bee brought vp in the true feare of God ; and to
see that this my will bee faithfully p^formed. In witnesse
hereof, I haue subscribed my name, the 8*^1 May, 1648.
Henry Smith.
[267] The Inventory of Mr. Henry Smith of Weather sfeild, lately
deceased.
Imp': wearing clothes, .... 20. 00. 00
It: Bookes, .....
It. 3 feather beds, with all thinges belonging to them,
two sutes of linen, . . . 40. 00. 00
504 WILLS AND INVENTORIES.
It: 2 flock beds, with two sutes of Linnen, and all things
belonging to them, . . . . 08. 00. 00
It: Table linnen, 4Z. It: one carpett, 11. It: chests and
truncks, 11. IQs., . . . . 06. 10. 00
It: 4 cushion stooles, 155. It: 9 cushions, 11. 10s., 02. 05. 00
It: Tables, chaires, stooles, and other things belonging
to them, ..... 01. 10, 00
It: Cob irons, trammells and other fire irons, . 02. 08. 00
It: Brass, iron potts, & pewter and such like, . 15. 00. 00
It: Beare vessells, tubbs, and other wooden vessells, 02. 00. 00
It: Armes and Ammunition, . . . 04. 00. 00
It: Axes, howes and other husbandry tooles, . 03. 10. 00
It: inCorne, UL 10s. It: in Maulte, 21, Ss., . 16. 18. 00
It: Meate and Bacon, 6?. It: Bees, 8Z., . . 14. 00. 00
It: Howses and lands, 180Z. It: a Horse and Mare, 23/., 203. 00. 00
It: 3 Cowes, 15/. It: one lastyeare heifer, 11. 10s., 16. 10. 00
It: one sow and 2 piggs, . . . 01. 10. 00
It: due to the estate in debts, . . . 40. 00. 00
397. 01. 00
Owing from the estate, 026. 02. 06
Jeames Boosy,
Sammuell Smith.
The sum remaining is 370. 18. 06
[268] The last Will and Testament of Gyles Gibbs, of
Wyndsor, deceased.
Know all men by these presents that I, Gyles Gibbs, of
Wyndsor, on Connecticutt, yeoman, being weake in body but
of perfect vnderstanding and memory, doe ordaine this my last
will and Testament, as follow^h:
Imp"": my will is, that my sonne Gregory bee put forth an
Apprentice to some godly man, for the space of fiue yeares, at
the discretion of my execut: and the ouerseers of this my last
will ; and if hee submitt therevnto and stay out his time to the
likinge of my ouerseers, I doe then bequeath vnto him my lott
ouer the great Riuer, to him and his heires foreuer, in case my
said ouerseers haue any incouragement to judge him worthy ;
otherwise at theire discretion, I bequeath him 5/. to bee paid
him at the age of 21 yeares. Allso, I giue to my two sonnes,
Sammuell and Beniamin, 20/. a peece, and to my daughter
Sarah, 20/., to bee paid them at the age of 21 yeares. And to
WILLS AND INVENTORIES. 506
Jacob, my sonne, I giue my howse and lotts, meadow, home-
lotte and great lott and lottes whatsoeuer on this side the great
Riuer, after his mothers life. And to my wife, I giue all my
lottes, howses, all my househould goods, cattells and chattells,
my debts being discharged ; provided that in case my said
ouerseers haue no good incouragement concerneing the dispo-
sition of my Sonne Gregory, but doe judge him vnworthy a
fathers blessing, vnder theire hands, my will is that my execut:
shall haue the said lotte towards the education of my children,
vntill my sonne Jacob shall attaine the age of 21 yeares ; and
then my will is that my sonne Jacob shall haue it to him and
his heires for euer. And Executrixe of this my last Will, I
appointe Katherine, my wife. And ouerseers of this my Will
and Testament, I appointe the Deacons of the Church of Wynd-
sor, at all times in being. Blessed bee God.
May 18th, 1641. Witness, Gyles Gibbs.
John Warham,
Ephraim Huitt.
Postscript : 1 giue to Elizaphatt Gregory, 10 bushells of
Corne, in case hee discharge the debt I gaue my worde for him
to Mr. Huitt. And to Richard Wellar, I giue 40s., by 205. a
yeare, beginninge from September next.
Witness,
John Warham,
Ephraim Huitt.
[269] Wyndsor, 8*^ Septemb^, 1648.
An Inventory of the estate of Samuell Allyn, late of Wyndsor,
deceased.
£
Imp': the bowsing and homelottes, 11/. ; It: 4 acres of
meadow, 11. . . . . 18. 00. 00
It: 15 acres ouer the great Riuer, . . .15. 00. 00
It: 18 acresof vpland, . . . 04.10.00
It: in goodes ; one bed with his furniture, . . 05. 00. 00
It: two beds more, &c. . . . 02. 14. 00
It: one pillowbeere, one table cloath and napkins, . 00. 10. 08
It: his wearing apparrell, . . . 05. 05. 00
It: 3 iron potts, 21. 5s. ; in brass, 11. lOs. ; in pewter, 11. , 04. 15. 00.
44
506 WILLS AND INVENTORIES.
It: in hogsheads, payles, tubbs and earthen ware, 00. 19. 00
It: 2 spinning wheeles, . . . .00. 07. 00
It: in crookes, Grid iron, fire pan and tongs, . 00. 13. 00
It: his workeing tooles, 21. 2^. ; It: a muskitt and
sworde, 13s., . ... 02. 15. 00
It: a table, and forme, and other lumber, . . 00. 10. 00
It: in cattle ; one cowe, one heifer, 1 yearling, 12. 00. 00
It: two swynes, .... 04. 00. 00
Henry Clarke, . 76. 18. 08
Dauid Willton,
[270] The last Will and Testament of Thomas Nowell.
I Thomas No well, of Wyndsor on Conecticutt, being righte in
vnderstanding and of perfect memory, in regard of my age and
weaknes desiringe to sett my howse in order, as my last Will
and Testament and a token of my loue and respect, doe be-
queath vnto Robert Willson my kinsman, one steere and one
cowe ; and vnto Isable Phelps my kinswoman, one cowe. And
in case my wife shall after my decease marry againe, then it is
my will and Testament that at the time of marriage forespece-
fied, the said Elizabeth, ouer and aboue my foresaid gifts, shall
pay to the said Robert and Isable each of them, ten pownds a
peece Item, as a token of my loue, I bequeath vnto my wife
Elizabeth all the rest of my estate in goods, debts or dues of
what kinde soeuer, to her full and finall dispose as shee shall see
best ; as allso I bequeath vnto her my dwelling howse, with all
my lands thereto pi^taininge in Wyndsor aforesaid, for and
during the tearme of her life. And after her decease, as a token
of my love, I bequeath my said howse and land vnto Christopher
Nowell, son of Edward Nowell, of Wakefield, in Yorkshire in
England, deceased, to him and his heires for euer. And to this
my last Will and Testament, wittnes my hand, subscribed this
present November 3'^, Anno Domini, 1648.
Wittnes, Isable Phelps, Thomas Nowell.
Bray Rosseter.
WILLS AND INVENTORIES. 507
An Inventory of the Estate of Thomas Noivell, late of Wyndsor de-
ceased, prized by vs whose names are heere vnderwritlen, Fehr.
22'\ 1648.
£/ s. d.
Imp"^: The dwelling howse, barne, outhowses, with the
homelott, orchyard, with an addition of meadow
adioining, .... 75. 00. 00
Item, 13 akers of meadow, 21. \0s. p"^ acre, . 45. 10. 00
Item, 66 akers of vpland, with some additions, . 03. 00. 00
In Uie Parlour ; Item, one standing bed, with its
furniture, . . .17. 00. 00
Item, one trundle bed, with its furniture, . 10. 00. 00
Item, one couerlitt, 4 p" of sheets, 3 p' pillow beers, 06. 12. 00
Item, 3 table cloaths, 15 table napkins, . . 02. 18. 00
Item, 14 yards ^ of new linnen, with some cotton cloath, 02. 03. 06
Item, more new cloath, 5 yards "I", . . . 00. 13. 09
Item, a cubberd, a table, a chaire, a small box, 3 stooles, 02. 10. 00
Item, 2 truncks, one chest, \l. Qs. ; Item, 15 cushions,
21. Qs., . . . . .03. 12. 00
Item, 2 Bibles, and some other bookes, . . 00. 14. 00
Item, a p'' of gold waights, . . . 00. 03. 00
Item, his wearing apparrell, IIZ. 11^. ; Item, 2 car-
petts, 2/., . . . . 13. 11. 00
Item, in mony and plate, .... 34. 00. 00
[271] Item, a pewter flagon, 2 platters, 3 saltes, 2 pintes, 01. 00. 00
Item, a pr. of andirons, tongs and other things, . 00. 13. 00
Item, 33 yards of kersy, IIZ. 4*. ; Item, 5 yards ^ of
searge, M. lbs. . . . 12. 19. 00
In the Kittchin ; Item, in Pewter, . . 04. 00. 00
Item, in Brass, ..... 04. 03. 04
Item, one iron pott, one fryinge pann, . . 00. 12. 00
Item, 2 peeces, a p" of bandleers, . . 01. 06. 00
Item, one broiling iron, one cleaver, 1 spittle iron, 2
spitts, one smoothing iron, one gridiron, 00. 18. 06
Item, 2 p"' of andirons, fire shouell and tongs, . 00. 18. 00
Item, 2 chaffing dishes, potthookes and hanging, 00. 05. 06
Item, one chaire, one p'"of bellowes. Is. ; Item, 2 linnen
wheeles, 6*., .... 00. 13. 00
In the sellar ; Item, 2 beare barrills, one butter
churne, 2 Runletts, . . 00. 13. 00
Item, one case of bottles, one salting trough, . 00. 08. 00
Item, in Porke, 2Z. 10*. ; Item, in tubbs and other lum-
ber, 1/., .... 03. 10. 00
In the Parlour Loft ; Item, one bed with its furniture, 05. 00. 00
Item, 7 bush: rye, 3 bush: maulte, 20 bush: pease, 04. 13. 00
Item, 22 bush: wheat, .... 04. 08. 00
Item, 2 sacks, 2 baggs, 1 hogshd., some old tooles, 00. 18. 06
Item, yearne, linnen and cotton, . . 01. 14. 00
Item, 12 yards of okam cloath, . . . 00. 18. 00
508 WILLS AND INVENTORIES.
In'ihe Kitchin Lofts and Garritts ; Item, 10 bush: In-
dian corne, . . , .01. 05. 00
Item, in Bacon, . . . . 01. 00. 00
Item, 1 saddle, 1 cloakbag, 1 pillion, 1 sidesaddle and
pillion cloath, . . . .02. 06. 00
Item, 2 horse collars, and other geares, . 00. 12. 00
Item, 3 pillowes, one blankitt, . . . 01. 00. 00
Item, 3 hogshds, 2 sythes, flax, and other lumber, 02. 00. 00
In the yardes and outhowses ; Item, 2 horses, onecolte, 27. 00. 00
Item, 2 oxen, 2 steares, . . . .23. 00. 00
Item, 3 cowes, one heifer, one young bull, 18. 05. 00
Item, 3 swyne, . . . . 02. 00. 00
Item, waine, wheeles, expinns, cops and pin, . 01. 10. 00
Item, 2 yoakes with theire irons, 2 chaines, 2 p"" yoake
crooks, . . . . . 01. 00. 00
Item, one plow, one harrow, one grynding stone, 01. 05. 00
Item, 4 stocks of Bees, . . . . 03. 00. 00
Item, (more abroad) 2 cowes, one steare, . . 15. 00. 00
Item, one iron crow, a saw, beetle and wedges, with some
other things, . . . . 01. 10. 00
Henry Clarke, Totall sum is, 368. 11. 01
Dauid Willton,
John Moore.
X
CODE OF LAWS,
ESTABLISHED BY THE GENERAL COURT, MAY, 1650.*
^ [Recorded in Vol. II.]
[6*] Forasmuch as the free fruition of such Libberties, Immunities,
Privileges, as Humanity, Civillity and Christianity, call for, as due
to euery man in his place and proportion, without Impeachm' and
infringement, hath euer beene and euer will bee the Tranquillity and
Stabillity of Churches and Common wealths, and the denyall or de-
privall thereof, the disturbance if not ruine of both : —
It is therefore ordered by this Courte and Authority thereof, that
no mans life shall bee taken away, no mans honor or good name
shall bee stained, no mans person shall be arrested, restrained, ban-
ished, dismembered nor any way punnished ; no man shall bee de-
prived of his wife or children, no mans goods or estate shall bee
taken away from him, nor any wayes indamaged, vnder colour of
Law or countenance of Authority, vnless it bee by the vertue or
equity of some express Law of the Country warranting the same,
established by a Generall Courte, and sufficiently published, or in
case of the defect of a Law in any perticular case, by the word of
God- 3
•In April, 1646, the General Court desired Mr. Ludlow "to take some paynes in drawing
forth a body of lawes for the gouermnent of this Commonwelth, & present them to the next
Generall Courte." (p. 138, ante.) The request does not appear to have been in)mediately com-
plied with, — at least, the work v^s not completed in time to be presented for the action of the
Court, before May, 1647 ; it was then ordered, that when the body of laws should be per-
fected, aa the Court had desired, Mr. Ludlow " should, besides the paying the hyer of a man, be
further considered for his paynes." (p. 154.) No further mention of the progress of the work,
or of its completion, occurs upon the records, until Feb. 1651, when an order of the Court,
granting extra-compensation to the Secretary for "drawing out and transcribing the country
orders, concluded and established in May last" enables us to fix the date of its adoption.
This Code, (usually cited as ' Mr. Ludlow's code,' or ' tlie code of 1650,') is recorded at the end
of Vol. 11. of the Colony Records, and separately paged. The orders subsequently passed, were,
from time to time, added at the end, or occasionally inserted under the appropriate title, by the
Secretary. Prefixed to the Laws is a copy of the Fundamental Orders, or Constitution of 1639,
already printed, on page^ 20—25 of this volume.
44*
510 CODE OF LAWS.
[7*] ABILLITY.
It is ordered by this Courte, that all persons of [the age] of twenty
one yeares and of right vnderstanding, whether excomunicated, con-
demned or other, [shall] haue full power and libberty to make theire
W[ills and] Testaments, and other lawfull alienations of theire
[lands] and estates, and may bee Plaintiffes in a civill case.
ACTIONS.
It is further ordered and decreed, that in all Actions brought to
any Courte, the Plaintiff shall haue libberty to withdraw his Action,
or to bee non suted, before the Jury haue giuen in theire verdict, in
w°'' case hee shall allwayes pay full costs and charges to the De-
fend', and may afterward renew his suite at another Courte, the
former non suite being first recorded.
It is ordered by this Court and the Authority thereof, that the Age
for passing away of Lands or such kinde of Hereditaments, or for
gluing of voates, verdicts or sentences in any civill Courtes or
causes, shall bee twenty and one yeares, but in case of chusing of
Guardians, fourteene yeares.
ARRESTS.
It is ordered and decreed by this Courte and Authority thereof,
that no person shall bee arrested or imprisoned for any debt or fyne,
if Law can finde any competent meanes of satisfaction otherwise
from his estate ; and if not, his person may bee arrested and im-
prisoned, where hee shall bee kept at his owne charge, not the Plain-
tiffs, till satisfaction bee made, vnless the Courte that had cognis-
cance of the cause or some Superior Courte shall otherwise deter-
mine ; provided neuertheless, that no mans person shall bee kept in
prison for debt but when there appeares some estate w"^ hee will not
produce, to w''*' end any Courte or Commissioners authorized by the
Generall Courte, may administer an oath to the party or any others
suspected to bee priuye in concealing his estate ; [ ] shall
satisfie by service, if the Creditor require [it,] but shall not bee
sould to any but of the English Nation.
[8*] ATTACHEMENTS.
It is ordered, sentenced and decreed, that the ordinary summons
or process for the present within this Jurissdiction and vntill other
CODEOFLAWS. 511
provision made to the contrary, bee a warrant fairely written, vnder
some magistrate or magistrates hand or hands, mentioning the time
and place of appearance, and if the said party or partyes doe not
appeare according to the said warrant or summons vppon Affidauit
first made of the serving of the said person or persons, the Courto
shall graunt an Attachement against the person or persons delin-
quent to arrest or apprehend the said person or persons for his or
theire vvillfull contempt; and in case no sufficient securitye or bayle
bee tendred, to imprison the said party or partyes, returneable the
next Courte that is capeable to take cogniscance of the said buisnes
in question ; and vppon returne of the said Attachement, the said
Courte to doe therein as according to the Lawes and orders of this
Jurissdiction ; and in that case allso the party delinquent to beare
his owne charge.
It is also ordered, that Attachements to seize vppon any mans
Lands or estate bee onely graunted for, or against, such goods as
are Forreigners and doe not dwell or inhabitt within this Jurissdic-
tion ; or in any case vppon credible Information it appeare that any
Inhabitant that is indebted, or ingaged, goe about to conuey away
his estate to defraud his Creditors, or to conuey away his person out
of this Jurissdiction, so as the process of this Jurissdiction may not
bee serued vppon his person ; in that or any other just causes there
may bee Attachement or Attachements graunted vppon the Limmit-
ations expressed ; provided that in all cases of Attachements, all or
any of the Creditors haue libberty to declare vppon the said Attache-
ment, if hee come in at the returne of the said Attachement ; provi-
ded allso that if any Attachement laid vppon any mans estate, vppon
a pretence of a great sum, and if it bee not prooued to bee due in
some neare proportion to the sum challenged, and mentioned in the
Attachement, then the security giuen shall bee lyable to such dama-
ges as are susteined therby.
It is further ordered and decreed by this Courte, that whosoeuer
takes out an Attachement against any mans persons, goods, chatties,
Lands or Hereditaments, sufficient security and caution shall bee
[9*] giuen by him to prosecute his Action in C[ourte] and to an-
swer the defendant such Costs as shall [be awarded] him by the
Courte ; and in all Attachments of g[oods or] lands, legall notice
shall bee giuen vnto the P[arty] or left in writing at his bowse or
place of vsuall [abode] if hee Hue within this Jurissdiction, other-
wise [his] sute shall not proceed. And it is further ordered and
declared, that euery man shall haue libberty to Repleuye his Cattle
or goods impounded, distreined, seized or extended, (vnless it bee
512 CODE OF LAWS.
vppon execution after Judgment and in payment of Fynes,) prouided
in like manner hee put in good security to prosecute his Replevy and
to satisfie such damage, demaunds or dues as his Adversary shall
recouer against him in Lawe.
BALLAST.
It is ordered by this Courte and Authority thereof, that no Ballast
shall bee taken from any shoare in any Towne within this Jurissdic-
tion, by any person whatsoeuer, vi^ithout Allowance vnder the hands
of those men that are to order the affaires in each Towne, vppon the
Penalty of six pence for euery shovell full so taken, unless such
stones as they had laid there before. It is allso ordered by the Au-
thority aforesaid, that no shipp nor other vessell shall cast out any
Ballast in the Channell or other place inconvenient, in any harbor
within this Jurissdiction ; vppon the Penalty often pounds.
BARRATRY.
It is ordered, decreed and by this Courte declared, that if any
man bee prooued and adiudged a Common Barrater, vexing others
with vniust, frequent and needless sutes, it shall bee in the power of
Courtes both to reiect his Cause, and to punish him for his Barratry.
BILLS.
It is ordered by the Authority of this Courte, that any Debt or
Debts due vppon Bill or other speciality. Assigned to another, shall
bee as good a debt and estate to the Assignee as it was to the Assign-
er, at the time of its Assignation, and that it shall bee lawfull for the.
said Assignee to sue for and recouer the said Debt due vppon Bill
and so assigned, as fully as the originall Creditor might haue done ;
provided the said Assignement bee made vppon the backside of the
Bill or Speciality, not excluding any just or cleare interest any man
may haue in any Bills or Specialtyes made ouer to them by Letters
of Attornye or otherwise.
[10*] BOUNDS OP TOWNES AND PERTICULAR LANDS.
Forasmuch as the Bounds of Townes and of the Lands of perticu-
ler persons are carefully to bee meinteined, and not without great
danger to bee remoued l)y any ; w'"" notwithstanding by deficiency
and decay of markes may at vnawares bee done, whereby great
jealousies of persons, trouble in Townes and incumbrances in Courtes
doe often arise, w"'' by due care and meanes might bee prevented j
CODE OF LAWS. 513
It is therfore ordered by this Courte and Authority thereof, that
euery Towne shall sett out theire Bounds within twelue months after
the publishing hereof, and after theire Bounds are graunted ; and
that when theire Bounds are once sett out, once in the yeare three
or more persons in the Towne, appointed by the Select men, shall
appoint with the adiacent Townes to goe the bounds betwixt theire
said Townes and renew theire markes, w"'' markes shall bee a great
heape of stones or a trench of six foott long and two foott broad, the
most Auncient Towne, {w"^ for the Riuer is determined by the Courte
to bee Wethersfeild,)* to giue notice of the time and place of meet-
ing for this perambulation, w"*" time shall bee in the first or second
month, vppon paine of fine pounds for euery Towne that shall neg-
lect the same ; provided, that the three men appointed for perambu-
lation shall goe in theire severall quarters, by order of the select
men and at the charge of the severall Townes. And it is further
ordered, that if any perticular proprietor of Lands lying in Common
with others shall refuse to goe by himselfe or his Assigne, the bounds
betwixt his land and other mens, once a yeare, in the first or second
month, being requested thereunto vppon one weekes warning, hee
shall forfeit for euery day so neglecting, ten shillings, halfe to the
party mooving thereto, the other halfe to the Towne. And the
owners of all impropriated grounds shall bound euery perticular
parcell thereof with sufficient Meare stones, and shall preserue and
keepe them so vppon the former penalty.
BURGLARY AND THEFT.
Forasmuch as many persons of late yeares haue beene and are
apt to bee iniurious to the goods and liues of others, notwithstanding
all care and meanes to prevent and punnish the same ;
It is therfore ordered by this Courte and Authority thereof, that if
any person shall committ Burglary, by breaking vp any dwelling
howse, or shall robb any person in the feild or high wayes, such a
person so offending shall for the first offence bee branded on the
forehead with the Letter (B) : If hee shall offend in the same kind
the second time, hee shall bee branded as before, and allso bee
* This early decision, by the General Court, of the question of priority of settlement of the
River towns, seems to have been hitherto overlooked by writers on our colonial history. The
clause within the parenthesis is, in the original record, interlined. As however the hand wri-
ting is that of Capt. Cullick, who ceased to be Secretary in 1658, the interlineation must have
been made within a few years after the adoption of the code of 1650. The clause is retained in
the first printed revision, of 1672-3, and in that of 1702 ; but is omitted in subsequent revisions.
514 CODE OF LAWS.
[11*] severely whipped; and if hee shall fall [into the same
offence] the third time, hee shall bee put to death [as being incor-
ridg]able. And if any person shall committ [such Burglary or] rob
in the feilds or howse on the Lords day, beside the former punnish-
ments, hee shall for the first offence haue one of his eares cutt of,
and for the second offence in the same kinde, hee shall looss his
other eare in the same manner ; and if hee fall into the same offence
the third time, hee shall bee put to death.
2. Secondly, for the preuention of Pillfring and Theft, It is order-
ed by this Courte and Authority thereof, that if any person, whether
Children, Servants or others, shall bee taken or knowne to Robb any
orchyards or garden, that shall hurte or steale away any grafts or
fruite trees, fruites, linnen, woollen, or any other gooods left out in
orchyards, gardens, backsides, or other place in Howse or Feilds, or
shall steale any wood or other goods from the Waterside, from mens
dores or yards, hee shall forfeitt treble damage to the owners there-
of, and such seveere punishment as the Courte shall thinke meete.
And forasmuch as many times it so falls out that small thefts and
other offences of a criminall nature are comitted, both by English
and Indians, in Townes remoate from any prison or other fitt place
to w^*" such malefactors may bee committed till the next Courte ; It
is therfore hereby ordered, that any Magistrate, vppon complaint
made to him, may heare and vppon due proofe determine any such
small offences of the aforesaid nature, according to the Lawes heere
established, and giue warrant to the Constable of that Towne where
the offender lines to leuye the same, provided the damage or fyne
exceed not forty shillings ; provided allso it shall bee lawfull for
either party to appeale to the next Courte to bee houlden in that Ju-
rissdiction, giuing sufficient caution to prosecute the same to effect
at the said Courte. And euery Magistrate shall make returne
yearely to the Courte of the Jurissdiction wherin hee liueth, of what
Cases he hath so ended. And allso the Constable, of all such fynes
as they haue receiued ; And where the offender hath nothing to sat-
isfie, such Magistrate may punnish by Stocks or whipping, as the
Cause shall deserue. It is allso ordered that all servants or worke-
men imbeazling the goods of theire Masters, or such as sett them on
worke, shall make restitution, and bee lyable to all Lawes and Pbii-
altyes as other men.
CODE OF LAWS. 515
CAPITALL LAWES.
[Of the Capital Laws, fourteen in number, the first twelve agree, word for word, with those
adopted in Dec. 1642, and recorded on page [92] of Vol. I, (p. 77, ante.) It has not been
thought necessary to repeat them here. The others follow : — ]
[13*] 13. If any Childe or Children aboue sixteene yeares old and
of sufficient vnderstanding, shall Curse or smite theire naturall
father or mother, hee or they shall bee put to death, vnless it can bee
sufficiently testified that the Parents haue beene very vnchristianly
negligent in the education of such Children, or so prouoake them by
extreame and cruell correction that they haue beene forced there-
vnto to preserue themselues from death [or] maiming. Exo: xxi:
17 ; Levit: xx. [9] ; Exo: xxi. 15.
14. If a man haue a stubborne and rebellious sonne of sufficient
yeares and vnderstanding, viz: sixteene yeares of age, w°'' will not
obey the voice of his father or the voice of his mother, and that when
they haue chastened him, will not hearken vnto them, then may his
Father and Mother, being his naturall parents, lay hold on him and
bring him to the Magistrates assembled in Courte, and testifie vnto
them that theire Sonne is stubborne and rebellious and will not obey
theire voice and chastisement, but liues in sundry notorious crimes,
such a Sonne shall bee put to death. Deut: xxi. 20, 21.
It is allso ordered by this Courte and Authority thereof, that what-
soeuer Childe or Servant, within these Libberties, shall bee convict-
ed of any Stubborne or Rebellious Carriage against their Parents
[14*] or Governours, || w"*" is a forerunner of the aforementioned
euills, the Gouernor or any two Magistrates haue libberty and power
from this Courte to committ such person or persons to the howse of
Correction, and there to remaine vnder hard labour and severe pun-
nishm' so long as the Courte or the maior parte of the Magistrates
shall judge meete.
And whereas frequent experience giues in sad euidence, &c.
[This provision is precisely as enacted in Dec. 1642, and follows immediately after the
twelve capital laws recorded on page 78.]
CASCK AND COOPER.
It is ordered by this Courte and Authority thereof, that all Casck
vsed for Tarr or other Comodityes to bee put to sale, shall bee Assized
as follow"", viz: euery Casck commonly called Barrills or halfe hogs-
heads shall containe twenty eight gallons wine measure, and other
vessells proportionable ; and that fitt persons shall bee appointed
liorn time to time, in all places needfull, to gage all such vessells or
VhT
516 CODE OF LAWS.
Cascks and such as shall bee found of due Assize shall bee marked
with the gagers marke and no other, who shall haue for his paines
four pence for euery Tunn, and so proportionably.
And It is allso ordered, that euery Cooper shall haue a distinct
Brandmarke on his owne Casck, vppon paine of forfeiture of twenty
shillings in either case, and so proportionably for lesser vessells.
[15*] CATTLE, CORNEFEILDS, FENCES.
Forasmuch as complaints haue beene made [of] very euill prac-
tice of some disordered persons in the Country, who vse to take other
mens Horses, sometimes vppon the Commons, sometimes out of theire
owne grounds, common feilds and Inclosures, and ride them at theire
pleasure, without a leaue or priuity of theire owners : —
It is therfore ordered and enacted by the Authority of this Courte,
that whosoeuer shall take any other mans Horse, Mare or drawing
Beast, out of his Inclosure, vppon any Common, out of any common
feild or elsewhere, except such bee taken damage faisant, and dis-
posed of according to law, without leaue of the owners, and shall ride
or vse the same, hee shall pay to the partyes wronged treble damages,
or if the Complainant shall desire it,, then to pay onely ten .shillings,
and such as haue not to make satisfaction shall bee punnished by
whipping, imprisonment or otherwise, as by law shall bee adiudged,
and any one Magistrate may heare and determine the same.
It is allso further ordered, that where Lands lye Common, vnfenced,
if one shall improue his Lands by fencing in seuerall, and another
shall not, hee whoe shall so improue shall secure his land against
other mens Cattle, and shall not compell such as joine vppon him to
make any fence with him, except hee shall allso improue in severall,
as the other doth ; and where one man shall improue before his
neighbour, and so make the whole fence, if after his said neighbor
shall improue allso, hee shall then satisfie for halfe the others fence
against him, according to the present value, and shall meinteine the
same. And if either of them shall after lay open his said feilds,
(w"'' none shall doe without three months warning,) hee shall haue
libberty to buy the devidend fence, payinge according to the present
valuation to bee sett by two men, chosen by either party one. The
like order shall bee [attended] where any man shall improue Land
against any Towne Common, provided this order shall not extend to
howse lotts not exceeding ten acres : But if in such, one shall im-
proue, his neighbour shall [bee] compellable to make and meinteine
one halfe of the fence betweene them, whether hee improue [or not.]
CODE OF LAWS. 51^
[16*] Provided allso, that no man shall bee lyable to satisfie for
dammage done in any ground not sufficiently fenced, except it shall
bee for dammage done by Swyne vnder a yeare old, or vnruly Cat-
tle w"'' will not bee restreined by ordinary fences, or where any man
shall put his Cattle, or otherwise voluntarily tresspass vppon his
neighbors ground. And if the partye damnified finde the Cattle
dammage faisant, hee may impound or otherwise dispose of them.
6th Octo: (52.) The Courte declares 8f explaines this order doth not
reach the Lands on ye east side of the Great Riuer.
CATTLE TO BEE MARKED.
For the preventing of differences that may arise in the owning of
Cattle that bee lost or stray away,
It is ordered by this Courte, that the owners of any Cattle within
this Jurissdiction shall eare marke or brand all theire Cattle and
Swyne that are above halfe a yeare old (except Horses,) and that
they cause theire severall markes to bee registred in the Towne
Booke, and whatsoeuer Cattle shall bee found vnmarked after the
first of July next, shall forfeitt flue shillings a head, whereof two
shillings sixpence to him that discouers it, and the other to the
Country.*
COaiMON FIELDS.
Whereas the condition of these seuerall plantations in these be-
ginnings wherein wee are, is such that necessity constraines to im-
proue much of the ground belonging to the seuerall Townes in a
Common way, and it is obserued that the publique and general!
good, (w"'' ought to "bee attended in all such improuements as are
most propper to them, and may best advance the same,) receiues
much prejudice through want of a prudent ordering and disposing
of those seuerall Common Lands so as may best effect the same ;—
It is ordered by this Courte and Authority thereof, that each
Towne shall chuse from among themselues fiue able and discreet
men, who by this order haue power giuen them, and are required,
to take the Common Lands belonging to each of the severall Townes
respectiuely into serious and sadd consideration, and after a through
disgesting of theire owne thoughts, sett downe vnder theire hands in
what way the said Lands may, in theire judgements, bee best im-
proved for the common good. And whatsoeuer is so decreed and
determined by the said fiue men in each Towne, or any three of
*,Enacted Feb. 5, 1644-5. p. 118.
45
518 CODE OF LAWS.
them, concerning the way of improuem' of any such Lands, shall
bee attended by all such persons that have any propriety or inter-
est in any such Lands so judged [by the said Committee.]
[17*] And whereas allso, much dammage hath risen not onely from
the vnrulines of some kinde of Cattle [but allso] from the weaknes
and insufficiency of many fences, whence much variance and dif-
ference hath followed, w"*" if not prevented for the future may bee
very preiuditiall to the publique peace ; —
It is likewise therfore ordered, that the said fine men so chosen
or at least three of them shall set downe what fences shall bee made
in any Common grounds, and after they are made to cause the same
to bee veiwed, and to sett such fynes as they judge meete vppon any
as shall neglect or not duely attend theire order therein ; and where
fences are made and judged suffitientby them, whatsoeuer dammage
is done by hoggs or any other Cattle, shall bee paid by the owners
of the said Cattle. And the severall Townes shall haue libberty
once euery yeare to allter any three of the former fine, and to make
choyce of others in theire roome. It being provided that any per-
ticular man or men, shall haue libberty to inclose any of theire per-
ticular grounds, and improue them according to theire owne discre-
tion by mutuall agreement, notwithstanding this order.* This ser-
vice is committed to the Townsmen, as appeares by an order of
Courte, 5"" of Feb"", 1650, on the other side of thisbooke.f
CAVEATS ENTKED.
Whereas it appeares that diuers to defeate and defraude theire
Creditors may secreetly and vnderhand make iBargaines and Con-
tracts of theire Lands, Letts and Accomodations, by meanes where-
of, when the Creditor thinkes hee hath a meanes in due order of
Law to declare against the said Lands, Lotts and Accomodations,
and so recouer satisfaction for his debt, hee is wholy deluded and
frustrated, w^'^is contrary to a righteous rule that euery man should
pay his debt with his estate, bee it in what it will bee, either reall
or personall, this Courte taking it into consideracon doe order, sen-
tence and decree. That if any Creditor for the future doe suspect
any debtor, that hee may prooue non soluant in his personall estate, hee
may repaire to the Register or Recorder of the plantation where
the Lands, Lotts or Accomodacons lyes, and enter a Caveatt against
* Enacted Feb. 14th, 1643-4. (p. 101.) with an amendment authorizing the appointment of
Jive men, in place of seven, Feb. 5th, 1644-5. (p. 118.) t Pafe 214.
CODE OF LAWS. 519
the Lands, Lotts and Accomodacons of the said debtor, and shall
giue to the said Register or Recorder foure pence for the entry there-
of: And the said Creditor or Creditors shall take out summons against
the said debtor, and in due forme of Law, the next perticular Courte,
either for the whole Colony or for the perticular plantation where
the said Lands, Lotts or Accomodations lyes, or the next Courte en-
sueing, declare against the said debtors Lands, Lotts and Accomo-
[18*] dations.|| And so if the Creditor recouer, hee may enter a
judgement vppon the said Lotts, Lands and Accomodations, and
take out an extent against the said Land, directed to a knowne
officer, whoe may take two honest and sufficient men of the neigh-
bours, to aprize the said Lands, Lotts and Accomodations, either to
bee sould outright if the debt so require, or sett a reasonable rent
vppon the same vntill the debt bee paid, and deliuer the possession
thereof either to the Creditor or Creditors, his or theire Assigne or
Assignes, or any other ; and what sale or sales, lease or leases, the
said officer makes, being orderly recorded, according to former
order of recording of Lands, shall bee as legall and binding to all
intents and purposes as though the debtor himselfe had done the
same ; provided that if the said debtor can then presently procure a
Chapman or Tennant that can giue to the Creditor or Creditors satis-
faction to his or theire content, hee shall haue the first refusing
thereof. Allso it is declared, that hee w"*" first enters Caveatts as
abouesaid, and his debt being due at his entring the said Caveatt,
shall bee first paid ; and so euery Creditor as hee enters his Caveatt
and his debt becomes due, shall bee orderly satisfied, vnless it ap-
peare at the next Courte, the debtors Lands, Lotts and Accomoda-
cons proue insufficient to pay all his Creditors, then euery man to
haue a sutable proportion to his debt out of the same, and yet not-
withstanding euery man to receiue his parte according to the entry
of his Caveatt. Yet this is not to seclude any Creditor to recouer
other satisfaction, either vppon the person or estate of the debtor ac-
cording to Lawe and Custome of the Colony. As allso it is further
decreed, that what sale or bargaine so euer the debtor shall make
concerning the said Lotts, Lands and Accomodations, after the
entring of the said Caveatt, shall bee voide, as to defraude the said
Creditors.
It is allso further explained and declared, that if the said debtor
bee knowne to bee a non solvant man before the first Caveatt entred
against the said Lotts, Lands and Accomodations, and the same ap-
peare at the next perticular Courte, then the Courte shall liaue power
520 CODE OF LAWS,
to call in all the Creditors in a shorts time, and sett an equall and
indifferent way, how the creditors shall bee paid out of the said
Lotts, Lands and Accomodations ; otherwise, if the said Debtor
prooue insolvant after y^ first Caveatt entred, then this order to bee
dulye obserued, according to the premisses and true intent and mean-
ing thereof.
It is allso further declared and explained, that the said Recorder
or Register of the said Caveatt, shall, the next perticular Courte as
aforesaid, returns the said Caveatts that are with him ; at w"'' time
and Courte the sntsrers of the said Caveatts shall bee called forth
to prosecute the same the next perticular Courte following, and if the
enterers of the said Caveatts faile to prosecute according to this
order, the Register or Recorder of the said Caveatt or Caveatts shall
putt a Vacatte vppon [the said Caveatt or Caveatts] w'''' shall bee in-
valid or voide to [charge] the saide Lotts, Lands and Accomodations
aforesaid.*
[19*] DISSORDEE IN COURTE.
It is ordered by this Courte that whosoeuer doth disorderly speake
priuately during the sitting of the Courte, with his neighbo'', or two
or three together, shall presently pay twelue pence, if the Courte
so thinks meete.f
SECREETS IN COURTE.
It is ordered and decreed, that whatsoeuer member of the Gen-
erall Courte shall reueale any secreett w"'' the Courte inioynes to
bee kept secreet, or shall make knowne to any person what any one
member of the Courte speakes concerneing any person or businesses
that may come into agitation in the Courte, shall forfeitt for euery
such fault ten pounds, and bee otherwise dealt withall at the dis-
cretion of the Courte. And the Secretary is to read this order at
the beginning of euery Generall Courts.:]:
CHILDREN.
Forasmuch as the good Education of Children is of singular be-
hoofs and benefitt to any Common wealth, and whereas many pa-
rents and masters are too indulgent and negligent of theire duty in
that kinde ; —
It is therfore ordered by this Courte and Authority thereof, that
the Select men of euery Towne, in the seuerall precincts and quar-
•Enacted, May 25tb, 1647. p. 151. t Mar. 9lh, 1637-8. p. 13. i Oct. 1639. p. 39.
CODEOFLAWS. 52 1
tors where they dwell, shall haue a vigilant eye ouer theire breth-'
ren and neighbours, to see first, that none of them shall suffer so
much Barbarisme in any of theire familyes as not to indeauor to
teach by themselucs or others theire Children and Apprentices so
much Learning as may inable them perfectly to read the Inglish
tounge, and knowledge of the Capitall Lawes, vppon penalty of
twenty shillings for each neglect therein ; Allso, that all Masters of
familyes doe once a weeke at least, catechise theire children and
servants in the grounds and principles of religion ; and if any
bee vnable to doe so much, that then at the least they pro-
cure such Children or Apprentices to learne some shorte orthodox
Catechisme, without booke, that they may bee able to answer to the
questions that shall bee propounded to them out of such Catechismes
by theire parents or Masters or any of the Select men, when they
shall call them to a tryall of what they haue learned in this kinde.
And further, that all Parents and Masters doe breed and bring vp
theire Children and Apprentices in some honest lawfull [calling,]
[20*] labour or imployment, either in husbandry, or some other
trade proffitable for themselues and the Common wealth, if they will
not nor cannott traine them vp in Learning to fitt them for higher
imployments. And if any of the Select men, after Admonition by
them giuen to such Masters of familyes, shall finde them still negli-
gent of theire duty in the perticulars aforementioned, wherby Chil-
dren and Seruants become rude, stubborne and vnruly, the said
Select men with the helpe of two Magistrates shall take such Chil-
dren or Apprentices from them, and place them with some masters
for yeares, boyes till they come to twenty one and girles to eight-
eene yeares of age compleat, w'''' will more strictly looke vnto, and
force them tosubmitt vnto gouernem', according to the rules of this
order, if by faire meanes and former instructions they will not bee
drawne vnto it,
CONSTABLES.
It is further ordered by the Authority aforesaid, that any person
tendred to any Constable of this Jurissdiction by any Constable or
other officer belonging to any Forreigne Jurissdiction in this Coun-
try, or by warrant from any such Authority, such shall presently
bee receiued and conueyed forthwith from Constable to Constable,
till they shall bee brought vnto the place to w"'' they are sent, or be-
fore some magistrate of this Jurissdiction, whoe shall dispose of
them as the Justice of the Cause shall require ; and that all Hue
45*
522 CODE OF LAWS.
and Cryes shall bee duely receiued and dilligently persued to full
effect.
It is ordered by the Authority of this Courte, that euery Consta-
ble within our Jurissdiction shall henceforth haue full power to make,
sio-ne and put forth persuits or Hue and Cryes, after Murthers,
Malefactors, Peacebreakers, Theeues, Robbers, Burglarers and
other Capitall offendors, where no magistrate is neare hand. Allso,
to apprehend without warrant such as are ouertaken with drinke,
swearing, Saboath breaking, slighting of the ordinances, lying,
vagrant persons, night wallkers, or any other that shall offend in
a'ny of these, provided they bee taken in the manner, either by sighte
of the Constable or by present information from others : As allso to
make search for all such persons either on the Saboath day or other,
when theire shall bee occasion, in all howses lycenced to sell either
Beare or Wyne, or in any other suspected or disordered places, and
those to apprehend and keepe in safe custody till opportunity serues
[21*] to bring them before one of the next Magistrates || for further
examination ; Provided, that when a[ny Constajble is imployed by
any of the Magistrates for [appre]hending of any person, hee shall
not doe it [without] warrant in writing ; And if any person shall
refuse to assist any Constable in the execution of his office in any
of the things aforementioned, being by him required thereto, they
shall pay for neglect thereof ten shillings to the use of the Country,
to bee leuyed by warrant from any Magistrate before whome any
such offender shall bee brought ; and if it appeare by good testi-
mony that any shall willfully, obstinately or contemptuously refuse
or neglecte to assiste any Constable, as is before expressed, hee shall
pay to the vse of the Country forty shillings ; and if any Magistrate
or Constable, or any other vppon vrgent occasions shall refuse to doe
theire best indeauor in raising and prosecuting Hue and Cryes, by
foott, and if need bee, by horse, after such as haue committed Capi-
tall crimes, they shall forfeit to the vse aforesaid for euery such
offence, forty shillings.
And it is allso ordered, that the Constables in each Towne shall
bee chosen from yeare to yeare before the first of March, and sworne
to that office the next Courte following, or by some Magistrate or
Magistrates.
CONVEYANCES FRAUDULENT.
It is ordered by this Courte and Authority thereof, that all Cove-
nons or fraudulent Alienations or Conveyances of Lands, tenements
CODE OF LAWS, 523
or any hereditaments, shall bee of no validity to defeat any man
from due debts or legacyes, or from any just Title, clay me or pos-
session of that w'''' is so fraudulently conveyed, and that no convey-
ance, deed or promise whatsoeuer shall bee of validity, if it bee
gotten by illegall violence, imprisonment, threatening or any kinde
of forcible compulsion caled Dures.
CRUELTY-
It is ordered by this Courte and Authority thereof, that no man
shall exercise any tiranny or cruelty towards any brute creatures
w'** are vsually kept for the vse of man.
[22*] DAMMAGES PRETENDED.
It is ordered by this Courte, that no man in any Sute or Action
against another shall falsely pretend great dammages or debts, to
vexe his Adversary ; and if it shall appeare any doth so, the Courte
shall haue power to sett a reasonable fyne on his head.
DEATH VNTIMELY.
It is ordered by this Courte and Authority thereof, that whenso-
euer any person shall come to any very sudden, vntimely or vnnat-
urall death, some Magistrate or the Constable of that Towne shall
forthwith summon a Jury of Jury of sixe or twelue discreet men to
inquire of the cause and manner of theire death, whoe shall pre-
sent a true verdict thereof vnto some neare Magistrate vppon theire
oath.
DELINa CENTS.
It is ordered, that all persons hereafter comitted vppon Delinquen-
cy, shall beare the charges the Country shall bee at in the prosecu-
tion of them ; And shall pay to the Ma' of the prison or Howse of
Correction, two shillings six pence before hee bee freed therefrom.
Vide Execution vppon Delinquents.
ECLESEASTICALL.
Forasmuch as the open contempt of Gods word, and messengers
thereof, is the desolating sinne of Ciuill States and Churches, and
that the preaching of the Word by those whome God doth send is
the chiefe ordinary meanes ordained by God for the converting,
edefying and sauing the soules of the elect, through the presence
and power of the Holy Ghost therevnto promised ; and that the min-
istry of the Word is sett vp by God in his Churches for those holy
524 CODE OF LAWS.
ends, and according to the respect or contempt of the same and of
those whome God hath set aparte for his owne worke and imploy-
ment, the weale or woe of all Christian States it much furthered
and promoated ; —
[23*] It is therfore ordered and decreed, that if any Christian (so
called,) within this Jurissdiction shall contemptuously [behave] him-
himselfe towards the word preached or the messengei's th[ereof,]
called to dispence the same in any Congregation, when hee faith-
fully execute his seruice and office therein according to the will and
word of God, either by interrupting him in his preaching, or by
charging him falsely with an error w''*' hee hath not taught in the
open face of the Church, or like a sonne of Korah, cast vppon his
true doctrine or himselfe any reproach, to the dishonor of the Lord
Jesus whoe hath sent him, and to the disparagement of that his
holy ordinance, and making God's wayes contemptible or ridiculous,
that euery such person or persons, (whatsoeuer censure the Church
may passe,) shall for the first scandall, bee convented and reproved
openly by the Magistrate, at some Lecture, and bound to theire good
behauiour : And if a second time they breake forth into the like
contemptuous carriages, they shall either pay fiue pounds to the pub-
lique Treasure, or stand two houres openly vppon a block or stoole
foure foott high, vppon a Lecture day, with a paper fixed on his
breast written with Capital Letters, an open and obstinate con-
TEMNEU of Gods holy ordinances, that others may feare and bee
ashamed of breaking out into the like wickedness.
It is ordered and decreed by this Court and Authority thereof, that
wheresoeuer the ministery of the word is established according to the
order of the Gospell throughout this Jurissdiction, euery person shall
duely resorte and attend therevnto respectiuely vppon the Lords day,
and vppon such publique fast dayes and dayes of Thanksgiuing as
are to bee generally kept by the appointment of Authority. And if
any person within this Jurissdiction shall without just and necessary
cause withdraw himselfe from hearing the publique ministry of the
word, after due meanes of conviction vsed, he shall forfeit for his
absence from euery such publique meeting, fiue shillings : All such
offences to bee heard and determined by any one Magistrate or more,
from time to time.
Forasmuch as the peace and prosperity of Churches and members
thereof, as well as Ciuill rights and Libberties are carefully to bee
maintained, — It is ordered by thisCourte and decreed, that the Civill
Authority heere established hath power and libberty to see the peace,
CODE OF LAWS. 525
ordinances and rules of Christe bee obserued in euery Church ac-
cording to his word ; as allso to deale with any Church member in a
[24*] way of Ciuill [justice] || notwithstanding any Church relation,
office or interest, so it bee done in a Ciuill and not in an Eclesiasti-
call way : nor shall any Church censure degrade or depose any man
from any Ciuill dignitye, office or authority hee shall haue in the
Commonwealth.
ESCHEATS.
It is ordered by this Courte and Authority thereof, that where no
heire or owner of bowses, lands, tennements, goods or chattells can
bee found, they shall bee seized to the publique Treasury till such
heires or owners shall make due clayme therevnto, vnto whome they
shall bee restored vppon just and reasonable termes.
EXECUTIONS.
Whereas by reason of the great scarcity of mony, Execution being
taken of seuerall persons goods that haue beene sould at very cheape
rates, to the extreame dammage of the Debtor ;
It is therfore ordered, that whatsoever Execution shall bee graunted
vppon any debts made after the publishing of this order, the Cred-
itor shall make choyce of one partye, the Debtor of a second, and the
Courte of a thirde, whoe shall prise the goods so taken vppon Execu-
tion aforesaid, and deliuer them to the Creditor,
EXECUTION UPPON DELINaUENTS.
It is ordered, that the Gouerno'' or any other Magistrate in this
Jurissdiction shall haue libberty and power to call forth any person
that hath beene publiquely corrected for any misbehauio', to doe ex-
ecution vppon any person or persons by whipping or otherwise, and
that at any time hereafter as occasion doth require ; and in case of
defect or want of such, any other person as hee or they shall thinke
meete.
FENCES.
For the preventing of differences that may arise in making or set-
ting downe of Fences as well in meadowes as vpland, —
It is ordered, that in the setting of posts and rayles or hedges in
the meadow and homelotts, there shall bee a libberty for either partye
of twelue inches from the dividend lyne, for breaking of the ground
to sett the posts on, [or] for the laying on the hedge ; but the stakes
and postes are to bee sett in the devident lyne ; and in vpland there
is allowed a libberty of foure foott for a ditch from the devidend
526 CODE OF LAWS.
[25*] lyne for either of the bordering partyes where the propor-
lion of Fences belongs vnto them.*
F Y N E S .
It is ordered by this Courte, that the Estreits [for] the levying of
Fynes shall goe forth once euery yeare, both in the Townes on the
Riuer and by [the] seaside, and that some officer in each place shall
bee appointed to levye and receiue the same, [and] the Acco^' to bee
giuen in by the severall plantations of theire generall charge, at the
Courte in September, for the perfecting of the Acco'^ betwixt them :
Mr. Ludlow is desiered to graunt out Warrants for the Fynes by
the seaside. t
F Y R E .
It is ordered by this Courte and the Authority thereof, that who-
soeuer shall kindle any fire, in woods [or] grounds lying in common
or inclosed, so as the same shall runn into such Corne grounds or
Inclosures, before the tenth of the first month, or after the last of the
second month, or on the last day of the weeke, or on the Lords day,
shall pay all damages, and halfe so much for a fyne ; or if not able
to pay, then to bee corporally punnished, by a warrant from one
Magistrate or more, as the offence shall deserue, not exceeding
twenty stripes for one offence ; provided, that any man may kindle
fyre vppon his owne ground at any time, so as no dammage come
thereby, either to the Country or to any perticular person. And
whosoeuer shall wittingly and willingly burne or destroy any frame,
timber hewne, sawne, or riuen, heapes of wood, charcoale, corne,
hay, strawe, hempe, fiaxe, pitch or tarr, hee shall pay double
dammages.
FORGERIE.
It is ordered by this Courte and Authority thereof, that if any
person shall forge any Debt:]: or Conveyance, Testament, Bond, Bill,
release, acquittance. Letter of Attorneye, or any writing to prevent
equitye and justice, hee shall stand in the Pillorye three severall
Lecture dayes, and render double damages to the partye wronged,
and allso bee disabled to giue any evidence or verdict to any
Courte or Magistrate.
•June 3d, 1644. (p. 105.) The accidental substitution of on, for or, was made in trans-
cribing tliis order for tlie code of 1650, and is followed in the printed revision of 1673.
TMay 25tb, 1647. p. 151, JDeedl
CODE OF LAWS. 527
[26*] FORNICATION.
It is ordered by this Courte and Authority thereof, that if any man
shall committ fornication with any single woman, they shall bee
punished either by inioyning to marriage, or fyne, or corporall pun-
nishment, or all or any of these, as the Courte or Magistrates shall
appoint, most agreeable to the word of God.
GAMING.
Vppon complaint of great disorder by the vse of the Game called
Shuffle Board, in bowses of Common Interteinement, whereby much
precious time is spent vnfruitfully and much waste of Wyne and
Beare occasioned, —
It is therefore ordered and enacted by the Authority of this Courte,
that no person shall henceforth vse the said Game of Shuffle Board,
in any such howse, nor in any other bowse vsed as Common for such
purpose, vppon payne for euery keeper of such howse to forfeitt for
euery such offence twenty shillings ; and for euery person playing
at the said Game in any such howse to forfeitt for euery such offence
fine shillings. The like penalty shall bee for playing in any place
at any vnlawfuU game.
GUARDS AT MEETING.
It is ordered by this Courte, that there shall bee a Guard of twenty
men, euery Saboath and Lecture day, compleat in theire Armes, in
each severall Towne vppon the Riuer ; and at Seabrooke and Farm-
ington, eight a peece ; each Towne vppon the seaside in this Juriss-
diction, ten ; and as the number of men increase in the Townes,
theire Guards are to increase.*
And it is further ordered, that each man in the Guards aforesaid
shall bee allowed halfe a pound of powder yearly, by their seuerall
Townes. f
HIGHE VTAYES.
Whereas the mainteineing of high wayes in a fitt posture for
passage according to the severall occassions thatoccurre, is not onely
necessary for the comfort and safety of man and beast, but tends to
the proffitt and advantage of any people, in the issue, —
It is thought fitt and ordered, that each Towne within this Juriss-
diction shall euery yeare chuse one or two of theire inhabitants as
•Way 20th, 1647. p. 150.
t Oct. 9th, 1650. (p. 212.) This order was made subsequently to the adoption of thecode»
and inserted under its proper title by the Secretary.
528 CODE OF LAWS.
Surveyors, to take care of, and ouersee the mending and repairing
of the High wayes within theire severall Townes respectiuely, whoe
haue hereby power allowed them to call out the severall cartes or
[27*] persons fitt for labour in each Towne, || two dayes at least in
each yeare, and so many [more] as in his or theire judgements shall
bee found necessary for the attaining of the aforementioned end, to
bee directed in theire worke by the said surveyor or surveyors, and
it is left to his or theire libberties either to require the labour of the
severall persons in any familye, or of a teame and one person, where
such are, as hee finds most advantageous to the publique occasions,
hee or they giuing at least three dayes notice or warning before hand
of such imployment ; and if any refuse or neglect to attend the ser-
vice in any manner aforesaid, hee shall forfeit for euery dayes neg-
lect of a mans worke, two shillings sixpence, and of a Teame, sixe
shillings, which said fynes shall bee imployed by the Surveyors to
hire others to worke in the said wayes ; And the Surveyors shall
within foure dayes after the severall dayes appointed for worke, de-
liuer in to some Magistrate a true presentment of all such as haue
beene defectiue, with their severall neglects, who are immediately
to graunt a distresse to the Marshall or Constable, for the levying of
the incurred forfeiture, by them to bee deliuered to the Surveyors for
the vse aforesaid. And if the Surveyor neglect to performe the ser-
vice hereby comitted to him, either in not calling out all the inhabit-
ants in theire severall proportions as before, or shall not returne the
names of those that are deficient, hee shall incurr the same penalty e
as those whome hee so passes by are lyable to by vertue of this order,
w"** shall bee imployed to the vse aforesaid, and to bee levyed allso
by distress vppon information and proofe before anyone Magistrate.*
I D L E N E S .
It is ordered by this Courte and Authority thereof, that no person,
howseholder or other, shall spend his time idlely or vnproffitably,
vnder paine of such punnishment as the Courte shall thinke meet to
inflict : and for this end, It is ordered, that the Constable of euery
place shall vse speciall care and dilligence to take knowledge of
offendors in this kinds, especially of common Coasters, vnproffitable
fowlers, and Tobacko takers, and present the same vnto any Magis-
trate, who shall haue power to heare and determine the case or trans-
ferr it to the [next] Courte.
* An order for the appointment of Surveyors of highways in the several towns, and impow-
eringthem to call out persons and teams, was passed July 5th, 1643. (p. 91 )
CODE OP LAWS. 529
[28*] INDIANS.
It is ordered and decreed, that where any company of Indians doe
sitt dovvne neare any English plantations, that they shall declare
whoe is theire Sachem or Chiefe, and that the said Cheife or Sachem
shall pay to the saide English such tresspasses as shall be comitted
by any Indian in the said plantation adioyning, either by spoyling or
killing any Cattle or Swyne, either with trapps, doggs or arrowes :
And they are not to pleade that it was done by strangers, vnless they
can produce the partye and deliuer him or his goods into the custody
of the English : And they shall pay the double dammage if it were
done voluntarily.* The like ingagement this Courte allso makes to
them in case of wrong or iniurye done to them by the English, w"*"
shall bee paid by the partye by whome it was done, if hee can bee
made to appeare, or otherwise by the Towne in whose limmitts such
facts are committed.
Forasmuch as o'' lenity and gentlenes towards Indians hath made
them growe bold and insolent, to enter into Englishmens bowses,
and vnadvisedly handle swords and peeces and other instruments,
many times to the hazzard of limbs or Hues of English or Indians,
and allso oft steale diuerse goods out of such bowses where they
resorte ; for the preventing whereof. It is ordered, that whatsoeuer
Indian shall hereafter meddle with or handle any English mans
weapons, of any sorte, either in theire bowses or in the feilds, they
shall forfeitt for euery such defaulte halfe a fathom of wampum ;
and if any hurte or injurye shall therevppon follow to any persons
life or limbe, (though accidentall,) they shall pay life for life, limbe
for limbe, wound for wound, and shall pay for the healing such
wounds and other dammages. And for anythinge they steale, they
shall pay double, and suffer such further punnishment as the Magis-
trates shall adiudge them. The Constable of any Towne may at-
tache and arrest any Indian that shall transgress in any such kinde
beforementioned ; and bring them before some Magistrate, whoe may
execute the penalty of this order vppon offendors in any kinde ex-
'Oept life or limbe ; and any person that doth see such defaults may
[29*] prosecute, and || shall haue halfe the forfeiture. f
it is ordered by this Courte and Authority thereof, that no
"mail within this Jurissdiction shall, directly or indirectly, amend,
rejpaire, or cause to bee amended or repaired, any gunn, small or
great, belonging to any Indian, nor shall indeauo' the same ; nor
• Thus far, ordered, Apr. 5th, 1638. p, 19. t June 11th, 1640. p. 52.
46
530 CODE OF LAWS.
shall sell nor giue to any Indian, directly or indirectly, any such
gunn, nor any gunpowder, or shott, or lead, or shott mould, or any
millitary weapon or weapons, armor, or arrowe heads ; nor sell nor
barter nor giue any dogg or doggs, small or great ; vppon paine of
ten pounds fyne for euery ofrence, at least, in any one of the afore-
mentioned perticulars ; and the Courte shall haue power to increase
the fyne, or to impose corporall punnishment where a fyne cannott
bee had, at theire discretion.*
And it is allso ordered, that no person nor persons shall trade with
them at or about theire wigwams, but in theire vessells or pinnaces,
or at theire owne bowses, vnder penalty of twenty shillings for each
default. f
Whereas, It doth appeare that notwithstanding the former Lawes
made against selling gunns and powder to Indians, they are yet sup-
plyed by indirect meanes. It is therfore ordered and declared, that
if any person after publishing of this order shall sell, barter or trans-
porte any gunns, powder, bullitts or lead to any person inhabiting
out of this Jurissdiction, without license of this Courte, or from some
two Magistrates, hee shall forfeit for euery gunn ten pounds, for
euery pound of gunpowder fine pounds, for euery pound of bullitts
or lead forty shillings, and so proportionably for any greater or lesser
quantity^; provided notwithstanding, that [it] is left to the judgment
of the Courte, that where any offence is committed against the said
order, either to agravate or lessen the penalty, according as the na-
ture of the offence shall require.
Whereas diuerse persons departe from amongst vs, and take vp
theire aboade with the Indians, in a prophane course of life ; for the
preventing whereof,
It is ordered that whatsoeuer person or persons that now inhabiteth,
or shall inhabitt within this Jurissdiction, and shall departe from vs
and settle or joine with the Indians, that they shall suffer three
yeares imprisonment at least, in the Howse of Correction, and vnder-
goe such further censure, by fyne or corporall punishment, as the
perticular Courte shall judge meete to inflict in such cases. §
[30*] Whereas the French, Dutch and other Forraigne Nations
* Dec. 18th, 1642, — except the clause "nor sell &c. any dogg or doggs, small or great," which
was added subsequently, pp. 79, 80.
t Oct. 12th, 1043. p.95.
JDec. 18th, 1642. p. 80. The proviso was added subsequently.
$ Dec. 1642. p. 78.
CODEOFLAVVS. 531
doe ordinarily trade gunns, powder, shott etc. with the Indians, to
o"" great preiudice, and the strengthening and animating of the Indians
against vs, as by dayly experience wee finde ; and whereas the
aforesaid French, Dutch etc. doe prohibitt all trade with the Indians
within theire respectiue Jurissdictions vnder penalty of confiscation ;
It is therfore hereby ordered by this Courte and Authority thereof,
that after due publication hereof, it shall not bee lawfull for any
Frenchmen, Dutchmen, or person of any other forraigne nation, or
any English liuing amongst them or vnder the gouernmen' of them,
or any of them, to trade with any Indian or Indians within the lim-
mitts of this Jurissdiction, either directly or indirectly, bythemselues
or others, vnder penalty of confisscation of all such goods and ves-
sells as shall bee found so trading, or the due value therof, vppon
just proofe made of any goods or any vessells so trading or traded :
And it shall bee lawfull for any person or persons inhabiting within
this Jurissdiction, to make seizure of any such goods or vessells tra-
ding with the Indians as by this law is prohibited, the one halfe
whereof shall bee to the propper vse and benefitt of the partye seiz-
ing, and the other to the publique.*
This Courte, judging it necessary that some meanes should bee
vsed toconuey the lighte and knowledge of God and of his Wordeto
the Indians and Natiues amongst vs, doe order that one of the teach-
ing Elders of the Churches in this Jurissdiction, with the helpe of
Thomas Stanton, shall bee desired, twise at least in every yeare, to
goe amongst the neighbouring Indians and indeauo" to make knowne
to them the Councells of the Lord, and thereby to draw and stirr
them vp to direct and order all theire wayes and conversations ac-
cording to the rule of his Worde : And Mr. Gouerno' and Mr. Dep-
uty, and the other Magistrates are desired to take care to see the
thinge attended, and with theire owne presence so farr as may bee
convenient, incourage the same.
This Courte hauing duly weighed the joint determination and ar-
gument of the Commissioners of the United English Colonyes at
New Hauen, in Anno 1646, in reference to the Indians, and judging
it to bee both according to rules of prudence and righteousness, doe
fully assent therevnto, and order, that it bee recorded amongst the
[31*] Acts of this Courte, || and attended in future practice as occas-
sions may present and require : The said conclusion is as fol-
loweth ; —
* Passed, Sept. 18th, 1649, upon the recommendation of the Comm'rs of the U. Colonies.
. 197.
532 CODE OF LAWS.
The Comissioners sei'iously considering the many willfull wrongs
and hostile practices of the Indians against the English, together with
theire interteineing, protecting and rescuing of offendors, as late our
experience sheweth, (w"*" if suffered, the peace of the Colonyes cannot
bee secured,)^ It is therfore concluded, that in such cases the Magis-
.ratesofany of the Jurissdictions may, at the charge of the Plaintiff,
;end some convenient strength of English, and according to the na-
ure and value of the offence and damage, seize and bring away any
)f that plantation of Indians that shall interteine, protect or rescue
.he offendor, though it should bee in another Jurissdiction, when
,hrough distance of place, commission or direction cannott bee had,
after notice and due warning giuen them, as actors, or at least access-
ary to the iniurye and damage done to the English : onely women
and children to bee sparingly seized, vnless knowne to bee some way
guilty. And because it will bee chargeable keeping Indians in pris-
on, and if they should escape they are like to prove more insolent
and dangerous after, It was thought fitt that vppon such seizure, the
delinquent or satisfaction bee againe demaunded of the Sagamore or
plantation of Indians guilty or accessary as before; and if it bee de-
ayed, that then the Magistrates of the Jurissdiction deliuer vp the
Indian seized to the party or partyes endammaged, either toserue or
£0 bee shipped out and exchanged for neagers, as the case will justly
beare. And though the Comissioners foresee that such severe though
just proceeding may provoake the Indians to an vniust seizing of
some of ours, yet they could not at present finde no better meanes
to preserue the peace of the Colonyes, all the aforementioned out-
rages and insolences tending to an open warr : Onely they thought
fitt that before any such seizure bee made in any plantation of In-
dians, the ensuing Declaration bee published, and a Coppye giuen
to the perticular Saggamores :
The Commissioners for the Vnited Colonyes, considering how
peace with righteousnes may bee preserued betwixt all the English
and the severall plantations of the Indians, thought fitt to declare
and publish, as they will doe no iniurye to them, so if any Indian
[32*] or Indians of what plantation so euer, doe any willfull dam-
mage to any of the English Colonyes, vppon proofe, they will in a
peaceable way require just satisfaction, according to the nature of
the offence and dammage. But if any Saggamore or plantation of
Indians, after notice and due warninge, interteine, hyde, protect,
keepe, conuey away or further the escape of any such offendor or
offendors, the English will require satisfaction of such Indian and
CODE OF LAWS. 533
Saggamore or Indian plantation ; and if they deny it, they will right
themselues as they may, vppon such as so meinteine them that doe
the wrong, keeping peace and all tearmes of Amity and Agreement
with all other Indians.
INKEEPERS.
Forasmuch as there is a necessary vse of howses of Common In-
terteinement in euery Common wealth, and of such as retaile wine,
beare and victualls, yet because there are so many abuses of that
lawfull libberty, both by persons interteining and persons interteined,
there is allso need of strict lawes and rules to regulate such an im-
ployment ;
It is therefore ordered by ihis Courte and Authority thereof, that
no person or persons licensed for Common Interteinement shall suffer
any to bee drunken or drinke excessiuely, vfz: aboue halfe a pinte
of wyne for one person at one time, or to continue tipling aboue the
space of halfe an houre, or at vnseasonable times, or after nine of
the clock at night, in or about any of theire howses, on penalty of
fiue shillings for euery such offence. And euery person found
drunken, viz: so that hee bee thereby bereaued or dissabled in the
vse of his vnderstanding, appearing in his speech or gesture, in any
of the saide howses or elsewhere, shall forfeitt ten shillings ; and for
excessiue drinking, three shillings, foure pence ; and for continnu-
ing aboue halfe an houre tipling, two shillings six pence ; and for
tipling at vnseasonable times, or after nine a clock at night, fiue
shillings, for euery offence in these perticulars, being lawfully con-
victed thereof; and for want of payment, such shall bee imprisoned
vntill they pay, or bee set in the stocks, one houre or more, in some
open place, as the weather will permitt, not exceeding three houres
at one time : Provided notwithstanding, such licensed persons may
interteine seafaring men or land trauellers in the night season when
they come first on shoare, or from theire journye, for theire necessary
[33*] refreshment, or when they prepare for || theire voyage or
journeye the next day early, [if there] bee no dissorder amongst
them ; and allso strangers and other persons in an orderly way may
continnue [in] such howses of Common Interteinement during
m[eal] times or vpponJawfuU buisines, what time their occassions
shall require.*
And it is also ordered that if any person offend in drunkenes, ex-
• Some of the provisions of this section are included, in substance, in the order of May 25th,
1647.
46*
534 CODE OF LAWS.
cessiue or long drinking, the second time they shall pay double
fynes: And if they fall into the same offence the third time, they
shall pay treble fynes : And if the parties bee not able to pay theire
fynes, then hee that is found drunke shall bee punnished by whip-
ping to the number of ten stripes, and hee that offends by excessiue
or long drinking, shall bee put into the stocks for three houres,
when the weather may not hazzard his life or limbs ; and if they
offend the fourth time they shall bee imprisoned vntill they put in
two sufficient sureties for theire good behauiour.
And It is further ordered, that the severall Townes vppon the
Riuer within this Jurissdiction, shall provide amongst themselues in
each Towns, one suffitient Inhabitant to keepe an Ordinary, for pro-
vision and lodging in some comfortable manner, Ihat passengers or
strangers may know where to resorte. And such inhabitants as by
the seuerall Townes shall bee chosen for the said service shall bee
presented to two Magistrates, that they may bee judged meete for
that imployment. And this to bee effected by the severall Townes
within one month, vnder the penalty of forty shillings a month for
each month that either Towne shall neglect the same.*
And It is allso further ordered, that euery Inkeeper or Victualler
shall prouide for interteinement of strangers horses, viz: one or more
inclosures for summer, and hay or provender for winter, with con-
venient stable roome and attendance, vnder penalty of two shillings
sixpence for euery dayes default and double dammage to the party e
thereby wronged, except it bee by inevitable accident.
Lastly, It is ordered by the Authority aforesaid, that all Consta-
bles may and shall, from time to time, duely make search through-
[34*] out the limmitts of their Townes, || vppon Lord's dayes and
Lecture dayes, in times of exercise, and allso at all other times so
oft as they shall see cause, for all offences and offenders against this
Law in any the perticulars thereof: And if vppon due information or
complaint of any of theire Inhabitants or other credible persons,
whether Tauerner, Victualler, Tabler, or other, they shall refuse to
make search as aforesaid, or shall not to theire power performe all
other things belonging to theire place or office of Constableship, then
vppon complaint and due proofe before any one Magistrate, within
three months after such refusall or neglect, they shall bee fyned for
euery such offence ten shillings, to bee levied by the Marshall as in
other cases, by Warrant from such Magistrate before whome they
* June 3d, 1644. p. 103.
CODE OF LAWS. 535
are convicted, or Warrant fronm the Treasurer vppon notice from
such Magistrate.
It is ordered by this Courte and Authority thereof, that no Inkeep-
er, Victualer, Wine drawer, or other, shall deliuer any Wyne, nor
suffer any to bee deliuercd out of his howse, to any w"'' come for it,
vnles they bring a noate vnder the hand of some one master of some
familye and allowed Inhabitant of that Towne ; neither shall any of
them sell or draw any hott water to any but in case of necessitye,
and in such moderation for quantity as they may haue good grounds
to conceaue it may not bee abused ; and shall bee ready to giue an
account of theire doings herein, when they are called thereto, vnder
censure of the Courte in case of delinquency.
INDITEMENTS.
If any person shall bee indicted of any Capitall crime (whoe is
not then in durance,) and shall refuse to render his person to some
Magistrate within one month after three proclamations publiquely
made in the Towne where hee vsually abides, there being a month
betwixt proclamation and proclamation, his lands and goods shall bee
seized to the vse of the Common Treasury, till hee make his lawfull
appearance, and such withdrawing of himselfe shall stand in stead
of one wittnes to prooue his crime, vnless hee can make it appears
to the Courte that hee was necessarily hindred.
[35*] JURYES AND JURORS.
* It is ordered by the Authority of this Courte, that in all cases
w"*" are entred vnder forty shillings, the sute shall bee left to bee
tryed by the Courte of Magistrates as they shall judge most agreeable
to equity and righteousnes. And in all cases that are tryed by
Juries, It is left to the Magistrates to impannell a Jury of sixe or
twelue, as they shall judge the nature of the case shall require ; and
if four of sixe, or eight of twelue, agree, the verdict shall bee deemed
to all intents and purposes sufficient and full; vppon w""" judgement
may bee entred and execution graunted, as if they had all concur-
red ; but if it fall out that there bee not such a concurrence as is
before mentioned, the Jurors shall returne the case to the Courte
with theire reasons, and a speciall verdict is to bee drawne there-
vpon, and the voate of the greater number of Magistrates shall carrye
the same ; and the judgement to bee entred and other proceedings
as in case of a verdict by a Jury.
• [In margin,] " In old Book, Feb: 5, '44." See p. 118, ante.
536 CODE OF LAWS.
And it is further ordered, that the Courte of Magistrates shall
haue libbertye (if they doe not find in iheir judgements, the Jury to
haue attended the euidence giuen in, and true issue of the case, in
theire verdict,) to cause them to returne to a second consideration
thereof; and if they still persist in theire former opinion, to the dis-
satisfaction of the Courte, it shall bee in the power of the Courte to
impannell another Jurye, and committ the consideration of the case
to them. And it is allso left in the power of the Courte to varye and
alitor the dammages giuen in by any Jurye, as they shall judge most
equall and righteous, prouided, that what allteration shall at any
time bee made in that kind, bee done in open Courte, before Plaintiff
and Defendant, or Affidauitt made that they haue beene required to
bee present, and that allteration w"*" is made bee done either the same
Courte, or provision made to secure the verdict of the Jury vntil the
case bee fully issued. And whereas many persons, after theire
seuerall causes in Courte haue beene tryed and issued, haue slipt
away or otherwise neglected, if not refused, to pay the charges of
the Courte, according to order ; for preventing thereof for the future.
It is ordered, that whosoeuer shall haue any action or sute in Courte,
after the publishing hereof, shall, as soone as his cause is issued pay
[36*] the whole charges of the Courte, that concernes either Jury
or Secretary, before hee departesthe same. And the like allso shall
bee done by all those whose Actions are not taken vp, and with-
drawne before the sitting of the Courte wherein they were to bee
tryed; or otherwise, for neglect or non performance of either, bee
committed to prison, there to remaine till hee or they haue satisfied
the same.
GRAND JURY,
It is ordered and decreed, that there shall bee a Grand Jury of
twelue or fourteene able men warned to appeare euery Courte
yearely in Septemb', or as many and oft as the Gouerno'' or Courte
shall thinke meete, to make presentment of the breaches of any
Lawes or orders or any other misdemeanors they shall know of in
this Jurissdiction.*
lands; free lands.
It is ordered, and by this Courte declared, that oure Lands and
Heritages shall bee free from all fynes and lycenses vppon Aliena-
tions, and from all Harriotts, Wardships, Liveries, Primer seizins,
* July 5th, 1643. p. 91.
CODE OF LAWS. 537
yeare, day and waste, escheats and forfeitures vppon the death of
parents or ancestors, bee they naturall, vnnaturall, casuall or judi-
tiall, and that for euer.*
LE V Y ES.
Forasmuch as the Marshalls and other officers haue complained
to this Courte that they are oftentimes in great doubt how to demeane
themselues in the execution of theire offices;
It is ordered by the Authority of this Courte, that in case of fynes
and assessments to be levyed, and vppon execution in Civill Actions,
the officer shall demaund the same of the party or at his howse and
place of vsuall aboade ; and vppon refusall or non payment, hee shall
haue power (calling the Constable, if hee see cause for his assist-
ance,) to breake open the dore of any howse, chest or place where
hee shall haue notice that any goods lyable to such Levye or Execu-
tion shall bee ; and if hee bee to take the person, hee may doe the
like, if vppon demaund hee shall refuse to render himselfe ; and
whatsoeuer charges the officer shall necessarily bee put vnto, vppon
[37*] any such occassion, |j hee shall haue power to levye the same
as hee doth the debt, fyne or execution ; and [if] the officer shall
leuye any such goods vppon execution as cannott bee conuayed to
the place where the party dwells for whome such execution shall
bee leuyed, without considerable charge, hee shall leuye the said
charge allso with the execution. The like order shall bee ob-
serued in leuying of fynes ; provided, it shall not bee lawfuU for
such officer to leuye any mans necessarye bedding, apparrell, tooles
or armes, neither implements of houshold, w"*" are for the necessary
vpholding of his life ; but in such cases hee shall leuye his Land or
person, according to Law ; and in no case shall the officer bee put
to seeke out any mans estate further then his place of aboade : But
if the party will not discouer his goods or Land, the officer may
take his person. And it is allso ordered and declared, that if any
officer shall doe iniurye to any, by colour of his office, in these or
any other cases, hee shall bee lyable vppon complaint of the party
wronged, by action or information, to make full restitution. See
Marshall.
LYING .
Whereas truth in words as well as in actions is required of all
men, especially of Christians whoe are the professed seruants of the
•From the Massachusetts " Body of Liberties," of 164].
538 CODE OF LAWS.
God of Truth ; and whereas all Lying is contrary to Truth, and
some sortes of Lyes are not onely sinfull, as all Lyes are, but allso
pernicious to the publique weale and iniurious to perticular per-
sons ;
It is therfore ordered by this Courte and Authority thereof, that
euery person of the age of discretion, w""" is accounted fourteene
yeares, who shall wittingly and willingly make or publish any Lye
w""*" may bee pernicious to the publique weale, or tending to the
damage or iniurye of any perticular person, to deceiue and abuse
the people with false newes or reportes, and the same duely prooued
in any Courte or before any one Magistrate, who hath hereby power
graunted to heare and determine all offences against this Lawe, such
persons shall bee fyned for the first offence ten shillings, or if the
party bee vnable to pay the same, then to ,bee sett in the Stocks, so
long as the said Courte or Magistrate shall appointe, in some open
place, not exceeding three houres ; for the second offence in that
kind, whereof any shall bee legally convicted, the sum of twenty
[38*] shillings, || or bee whipped vppon the naked body not ex-
ceeding twenty stripes : and for the third offence that way, forty
shillings, or if the party bee vnable to pay, then to bee whipped with
more stripes, not exceeding thirtye. And if yett any shall offend in
like kinde and bee legally convicted thereof, such person, male or
female shall bee fyned ten shillings at a* time more then formerly, or
if the party so offending bee vnable to pay, then to bee whipped
with fine or sixe stripes more then formerly, not exceeding forty at
any time. And for all such as being vnder age of discretion, that
shall offend in Lying, contrary to this Order, theire Parents or Mas-
ters shall giue them due correction, and that in the presence of some
officer, if any Magistrate shall so appointe. Provided allso, that no
person shall bee barred of his just action of slaunder or otherwise, by
any proceeding vppon this Order.
masters; servants; sojourners.
It is ordered by this Courte and Authority thereof, that no Master
of a Familye shall giue interteinment or habitation to any younge
man to soiourne in his familye, but by the allowance of the inhabit-
ants of the Towne where hee dwells, vnder the penalty of twenty
shillings p' weeke. And it is allso ordered, that no young man
that is neither married nor hath any, servant, nor is a publique
officer, shall keepe hovvse of himselfe without the consent of the
CODE OF LAWS. 539
Towne for and vnder paine or penalty of twenty shillings a
weeke.*
It is allso ordered by the Authority aforesaid, that no servant,
either man or maid, shall either giue, sell or truck, any commodity
whatsoeuer, without license from theire master, during the time of
theire service, vnder paine of fyne or corporall punnishment at the
discretion of the Courte, as the offence shall deserue. And that all
workemen shall worke the whole day, allowing convenient time for
food and rest.
It is allso ordered, that when any Servants shall runn from theire
Masters, or any other inhabitants shall priuately goe away with
suspition of ill intentions, It shall bee lawfull for the next Magis-
trate, or the Constable and two of the chiefest inhabitants, where no
Magistrate is, to press men and boates or pinnaces, at the publique
charge, to persue such persons by sea or land, and bring them
[39*] back by force of armes.
And whereas many stubborne, refrectary and discontented Ser-
uants and Apprentices, withdraw themselues from theire Masters
services to improue theire time to theire owne advantage ; for the
preventing whereof. It is ordered, that whatsoeuer Servant [or] Ap-
prentice shall hereafter offend in that kinde, before theire Covenants
or tearme of service are expired, shall serue theire said Masters, as
they shall bee apprehended or retained, the treble terme or threefold
time of theire absence in such kinde. f
MANSLAUGHtER.
It is ordered by this Courte and Authority thereof, that if any per-
son in the just and necessary defence of his life, or the life of any
other, shall kill any person attempting to rob or murther in the feild
or highe way, or to breake into any dwelling bowse, if hee conceiue
hee cannott with safety of his own person otherwise take the Felon
or Assailant, or bring him to tryall, hee shall bee houlden blameless.
MAGISTRATES.
This Courte being sensible of the great dissorder growing in this
Common wealth, through the contempts cast vppon the Civill Au-
thority, W^*" willing to prevent, doe order and decree :
That whosoeuer shall henceforth openly or willingly defame any
* Feb. 2]8t, J637. p. 8. The words 'for and,' in the line before the last, were probably sub-
stituted for 'first had,' by an error of the compiler, or recorder, of the code of 1650.
tJune, 1644. p. 105.
540 CODE OF LAWS.
Courte of Justice, or the sentences and proceedings of the same, or
any of the Magistratesor judges of any such Courte, in respect of any
Act or sentence therein passed, and being thereof lawfully convicted
in any Generall Courte or Courte [of] Magistrates, shall bee pun-
nished for the same by fyne, imprisonment, dissfranchisement or
bannishment, as the quality and measure of the offence shall deserue.
MARRIAGE.
Forasmuch as many persons intangle themselues [by] rashe and
inconsiderate contracts for theire future joininge in Marriage Cove-
nant, to the great trouble and greife of themselues and theire freinds ;
for the preventing thereof,
[40*] It is ordered by || the Authority of this Courte, that whoso-
euer intends to joine themselues in Marriage Covenant shall cause
theire purpose of contract to bee published in some publique place,
and at some publique meeting in the severall Tov^^nes where such
persons dwell, at the least eight dayes before they enter into such
contract whereby they ingage themselues each to other, and that they
shall forbeare to joine in Marriage Covenant at least eight dayes
after the said contract.*
And it is allso ordered and declared, that no person whatsoeuer,
male or female, not being at his or her owne dispose, or that remaineth
vnderthe gouernement of parents, masters or guardians, or such like,
shall either make, or giue interteinment to, any motion or sute in way
of marriage without the knowledge and consent of those they stand
in such relation to, vnder the seuere censure of the Courte in case
of delinquency, not attending this order ; nor shall any third person
or persons intermeddle in making any motion to any such, without
the knowledge and consent of those vnder whose gouernment they
are, vnder the same penalty. f
Marriages and Births ; See Records..
MARSHALL.
It is ordered by this Courte, that the Marshall shall be allowed for
euery Execution hee serues, w'^'' is under the sum of fine pounds,
two shillings six pence, and foure pence for euery myle hee goes to
serue the said Execution out of the Towne where hee liueth : And
for euery Execution hee serues of or aboue fiue pounds and under
the sum of ten pounds, hee shall be allowed three shillings foure
• Apr. lOth, 1640. p. 47, 48. t July 5th, 1643. p. 92.
CODE OF LAWS. 541
pence, and foure pence for euery myle, as before : And for euery
Execution hee serues of or aboue the sum of ten pounds, hee shall
bee allowed fiue shillings, and foure pence for euery myle as before.
AUso hee is to bee allowed his other just and necessary e charges;
onely it is provided that if hee bee excessiue therein, vppon due
complaint and proofe made, it shall bee redressed. And it is allso
further ordered that the Marshall shall bee allowed for euery At-
tachement hee serues halfe so much as is before allowed him for
Executions, onely hee is to haue foure pence for euery myle hee
goes to serue the Attachement as before.
It is further ordered by the Courte and .^thority thereof, that
euery Officer* that shall at any tyme bee fyned for the breach of
any poenall lawe or other just cause, such person or persons so of-
[41*] fending || shall forthwith pay his or theire fyne or penalty [or
giue] in security speedily to doe it, or else shall bee imprisoned or
kept to worke till it bee paid, that no loss may [come] to the Com-
monwealth ; and what other fynes or debts allready due or shall bee
due to the Country, the Marshall for the time being, vppon warrant
from the Treasurer, and according to his oath, shall bee faithfuU in
doing the duty of his place in levyinge and returning the same, vp-
pon paine of forfeiting two shillings of his owne estate for euery
pound, or else such fine as any Courte of Justice shall impose on
him for neglect.
MEASURES AND WEIGHTS.
Forasmuch as it is obserued that there are diuers of Weights,
Yardes and Measures amongst vs, wherby dammages many times
ensueth by commerce with seuerall persons ; for the preventing
whereof.
It is now ordered, that no man within these libberties, shall, after
the publishing of this order, sell any comodityes but by sealed weight
or measure, under the penalty of twelue pence each default. The
Clarke is to haue a penny for sealing a weight or measure each
time ; And no weight or measure is to bee accounted authf ntick
that is not sealed or approoued by the Clarke, once euery yeare.
The said Clarke is to breake or demolish such Weights, Yards or
Measures as are defectiue.f
* In the (printed) revision of 1672-3, the word 'person' is substituted for 'officer.'
t Thie substance of this order is contained in an order of Feb, ]4th, 1643-4. p. 100.
47
542 CODE OF LAWS.
MILLITARY AFFAIRES.
It is ordered and by this Courte declared, that all persons that are
aboue the age of sixteene yeares, except Magistrates and Church offi_
cers, shall beare Armes, vnless they haue, vppon just occassion, ex.
emption graunted by the Courte ; and euery male person within this
Jurissdiction aboue the said Age, shall haue in continuall readines,
a good muskitt or other gunn, fitt for service, and allowed by the
Clark of the Band, with a sword, rest and bandaleers, or other ser-
uiceable provision in the roome thereof, where such cannott bee had ;
as allso such other millitary provision of powder, match and bullitts
as the lawe requires, and if any person whoe is to prouide Armes
or Ammunition cannott purchase them by such meanes as hee hath,
hee shall bring to the Clarke so much Corne or other merchantable
goods as by aprizement of the said Clarke and two others of the Com-
pany (whereof one to be chosen by the partye) [as shall bee judged
[42*] of a greater value by a fifth part] then such Armes or Ammu-
nition is of, hee shall bee excused of the penalty for want of Armes
(but not for want of appearance) vntill hee bee provided. And the
Clarke shall indeauor to furnish him so soone as may bee by sale of
such goods so deposited rendring the ouerplus to the partye. But if
any person shall not bee able to provide, himselfe Armes or Ammu-
nition through meere poverty, if hee bee single hee shall bee put to
service by some Magistrate, and the Constable shall appointe him
Armes and Ammunition, and shall appointe him when and with
whome to earne it out.
And it is ordered that all the Soulgers within this Jurissdiction
shall bee trained at least six times yearely, in the months of March,
Aprill, May, Septemb'', Octob' or November, by the appointment of
the Captaine or Chiefe officer in the seuerall towries : And the times
of theire meeting together shall be at eight of the clock in the morn-
inge. And the Clarke of each Band shall, twise euery yeare at
least, veiw the Armes and Ammunition of the Band, to see if they all
bee according to Lawe ; And shall vppon euery Traininge day giue
his attendance in the feild, euery day, (except hee hath speciall leaue
from his Captaine or Cheife Officer) to call ouer the Roll of the Sould-
gers and take notice of any defect by theire absence or otherwise :
And hee shall duely present to the Gouernor or some of the Magis-
trates, all defects in Armes or Ammunition, at least once in each
yeare, and oftner if it bee required. And it is left to the judgement
of the Magistrates to punnish all defects in that kind according to
the nature of the offence, wherein due regard is to bee had of willfull
CODE OF LAWS. 543
neglects in any, that such may not pass without a severe censure,
And whosoeuer shall bee absent any of the dayes appointed for
traininge, after the houre appointed, or shall not continnue the whole
time, shall forfeitt the sum of two shillings six pence for euery de-
fault, except such as are licensed vnder the hand of two Magistrates.
The Clarkes of the severall Bands are to distreine the delinquents,
within fourteene dayes after the forfeiture ; whereof six pence shall
bee to himselfe and the remainder for the maintenance of Drums,
Cullers &c. And if any of the said Clarkes shall omitte to distreine
any delinquents, aboue the said terme of fourteene dayes, hee shall
forfeitt and pay to the vse of the Publique, double the fyne so neg-
lected by him.
[43*] It is ordered, that the Souldgers shall onely make choyce of
theire Millitary Officers, and present them to the Perticular Courte ;
but such onely shall bee deemed officers as the Courte shall
confirme.
The state and condition of the place where [we] Hue, by reason
of the Indians and otherwise, requiring all due meanes to bee vsed
for the preservation [of the] safety and peace of the same, this Courte
judgeth necessary that there should bee a Magazine of Powder and
Shott provided and mainteined in the Country, in each Towne within
this Jurissdiction ; And doe therefore order and decree, that there
shall bee two barrills of Powder and six hundred weight of Lead
provided by this Commonwealth, before the Generall Courte in Sep-
temb"^ next, w"'' shall bee meinteined and continued and accounted
as the Country stock. And it is allso further ordered, that the sev-
erall Townes within this Jurissdiction shall provide and mainteine
as follow"', viz: —
Wyndsor, one barrill and halfe of Powder, four hundred and fifty
pound of Lead, one hundred fathom of m[atch,] nine Cotton Coates
or Corseletts and suffitient serviceable Pikes to either of them.
Hartford, two barrills of Powder, six hundred weight of Lead and
six score fathom of Match, and twelue Cotton Coates or Corseletts
with serviceable Pikes to either of them.
Wethersfeild, one barrill of Powder, three hundred weight of Lead,
eighty fathom of Match, and eight Cotton Coates or Corseletts with
serviceable Pikes to either of them.
Seabrooke, halfe a barrill of Powder, one hundred and fifty pound
of Lead, forty fathom of Match, and three Cotton Coates or Corse-
letts with serviceable Pikes to either of them.
544 CODE OF LAWS.
Farmington, the same in each particular with Seabrooke.
Fairefeild and Strattford, in each Towne, one barrill of Powder
three hundred weight of Lead, one hundred fathom of Match, and
six Coates or Corseletts with serviceable Pikes to either of them.
South hampton and Pequett, in each Towne, halfe a barrill of
Powder, one hundred and fifty pounds of Lead, forty fathom of
Match, with three [Coates or Corseletts with serviceable Pikes to
either of them.]
[44*] Each Towne allso shall provide so many good firelocke mus-
kitts and good backswords or Cuttlasses, as the Corseletts are they
are charged with by this order. All w^'^ shall bee provided by the
seuerall Townes by the Courte in September next, and meinteined
constantly for the future, vppon the penalty of ten shillings p' month
for each Townes defect or neglect herein.
Allso it is further ordered. That euery male person within this
Jurissdiction, that is aboue the age of sixteene yeares, whether Mag-
istrates, Ministers or any other, (though exempted from training,
watching and warding,) shall bee allwayes provided with, and haue
in readiness by them, halfe a pound of Powder, two pound of ser-
viceable Bullitts or shott, and two fathom of Match to euery Match-
lock, vppon the penalty of fine shillings a month for each persons
default herein : provided notwithstanding, that if the proportions of
powder laid vppon each Towne and person either doth not at present
or shall not, (by reason of the increase of theire numbers,) for the
future, amount in all to three pound of powder for euery Souldger,
then each Towne shall, vppon the former penaltye, provide so much
more as shall bee three pound of powder for a Souldger, and other
provision of Lead &c. increase in each Towne according to the same
proportion.
Whereas many inconveniences doe appeare, by reason that the
severall Souldgers of the Trained Bands in each Towne within this
Jurissdiction haue not beene allowed some powder vppon theire
Training dayes, for theire practice and exercise in theire severall
firings : —
It is ordered by the Authority of this Courte, that there shall bee
allowed to euery Souldger in the seuerall Trained Bands in each
Towne as aforesaid, halfe a pound of powder a peece for a yeare,
and so from yeare to yeare for the future, to bee provided by and at
the propper costs and charges of the Masters and Gouernors of each
familye vnto w°'' the said Souldgers doe belong, to bee called forth,
CODE OF LAWS. 545
improued and disposed of, at the discretion of the Captaine or other
principall leaders in each Trained Band.
It is allso ordered, that the Captaines, Leiftennants and Ensignes
shall bee freed from watching and warding, and the Serieants from
warding and halfe theire watch.
[45*] MINISTERS MEINTENANCE.
Whereas the most considerable persons in [these Colonyes] came
into these partes of America that they [might] inioye Christe in his
ordinances, without dis[turbance ;] And whereas amongst many
other pretious [mercies] the ordinances haue beene and are dispensed
amongst vs with much purity and power ; this[Courte] tooke it into
theire serious consideracon how due maintenance, according to God,
might bee provided and setled, both for the present and [future,] for
the incouragement of the Ministers who [labour] therein; And doe
order, that those who are [taught] in the word, in the severall planta-
tions bee [called] together, that euery mann voluntarily sett downe
what hee is willing to allowe to that end and [vse :] And if any man
refuse to pay a meet proportion, that then hee bee rated by Authority
in some [just] and equall way; and if after this any man with-
hold or delay due payment, the Civill power to bee exercised, as in
other just debts.*
OATHS.
[The oaths for the Governor, Magistrates, Constables, Freemen, and Jurymen, are the same
as originally recorded, pages 25, 26. C2, 57. Those which follow, were inserted after the
adoption of the cod*, and are in the hand writing of Secretary Clark.]
[47*] Commissioners Oath.-f
You doe sweare by the great and dredfull name of the euerlasting
God, that for this yeare ensuing [and] vntill new bee chosen, you
shall faithfully execute the place and office you are chosen unto,
according to the extent of your Ck)mission : So helpe you God, in
the name of the Lord Jesus Christ. *
Secretaries Oath.
A. B. You being chosen Secretary for this Jurisdiction, dureing
this year, doe sweare by y" great name of God, that you shall keep
* Ordered, Oct. 25th, 1044, upon the recommendation of the Commissioners of the U. Col-
onies, p. 112.
t This and the two following Oaths, were subsequently recorded, (as appears by the hand
writing) by Secretary Clark.
47*
546 CODE OF LAWS.
the secrets of the Court and shall carefully execute the place of a
Secretary, and shal truly and faythfully record all Orders of the
Court ; and (fixe the Scale vnto y^ orders sent forth to y' respectiue
Townes &*) shall deliuer true copies and certificates when they
shalbe necessarily required. So help you God, in our Lord Jesus
Christ.
Grand Juryes Oath.
You doe sweare, by the great and dreadful name of God, that you
will w"" all due care and faithfulnes make presentment according to
order, at y^ Quarter Court in September next, such misdemeanours
and transgressions of y^Lawes and Orders of this Commonwealth as
shal come to your cognisance; as also to doe your indeauour to find
out such things as are contrary to religion and peace : So help you
God, in o"^ Ld. Jesus Christ.
[48*] P E A G E .
It is ordered by this Courte and decreed, that no Peage, white or
black, bee paide or receiued, but what is strunge and in some meas-
ure strung sutably, and not small and great, vncomely and disorderly
mixt, as formerly it hath beene.f
p o o R E.
It is ordered by this Courte and Authority thereof, that the Courte
of Magistrates shall haue power to determine all differences about
lawfull setling and providing for poore persons, and shall haue
power to dispose of all vnsetled persons, into such Townes as they
shall judge to bee most fitt for the maintenance and imployment of
such persons and families for the ease of the Countrye.
pound; pound breach.
For prevention and due recompense of dammage in Corne feilds
and other inclosures done by Swyne and Cattle, It is ordered by this
Courte and Authority thereof, that there shall bee one suffitient
Pound or more made and meinleined in euery Towne and Village
within this Jurissdiction, for the impounding of all such Swyne and
Cattle as shall bee found in any Cornefeild or other Inclosure : And
whosoeuer impounds any Swyne or Cattle shall giue present notice
to the owners, if bee bee knowne, or otherwise they shall bee cryed
• The words in the parenthesis are interlined.
t Recotmnended by the Commissioners of the U. Colonies ; and approved by the Gen. Court,
Mar. 1049; p. 179.
CODE OF LAWS, 547
at the two next Lectures or Markitts. And if Svvyne or Cattle
escape out of the pound, the owner, if knowne, shall pay all dam-
mages, according to la we.
And whereas impounding of Cattle in case of Trespasses hath
beene allwayes found both needfull and proffitable, and all the
breaches about the same very ofTensiue and iniurious : — It is there-
fore ordered by this Courte and Authority thereof, that if any person
shall resiste or rescue any Cattle going to the Pound, or shall by any
way or meanes conuey them out of Pound or custody of the law,
whereby the party wronged may looss his dammage and the Lawe
bee deluded, that in case of meere Rescues, the party offending shall
forfeitt to the Treasure, forty shillings ; and in case of Pound breach,
fine pounds ; and shall allso pay all damages to the party wronged :
And if in the Rescue any bodily harmes bee done to the person of
any man or other, they shall haue remedye against the rescuers :
And if either bee done by any not of abillitye to answer the dam-
mage and forfeitt aforesaid, they shall bee [ ] whipt, by
[49*] warrant from any Magistrate || before whome the offender is
convicted, in the Towne or Plantacon where the offence was com-
mitted, not exceeding twenty stripes, for the meere Rescue or Pound
breach, and for all dammages to the party they shall satisfie by ser-
vice, as in case of theft : And if it appeare there were any procure-
ment of the owners of the Cattle therevnto, (and that they were
Abettors) they shall all pay forfeitures and damages as if themselues
had done it.
PROFANE SWEARING.
It is ordered and by this Courte decreed, that if any person within
this Jurissdiction shall sweare rashly and vainely, either by the holy
name of God, or any other oath ; and shall sinfully and wickedly
curse any ; hee shall forfeitt to the Common Treasure, for euery
such severall oflence, ten shillings: And it shall bee in the power of
any Magistrate, by warrant to the Constable, to call such persons
before him, and vppon just proofe to pass a sentence, and leuye
the said penalty, according to the vsuall order of Justice : And
if such persons bee not able, or shall vtterly refuse to pay the
aforesaid fyne, hee shall bee committed to the Stocks, there to con-
tinue not exceeding three houres and not less than one houre.
RATES.
It is ordered by this Courte and Authority thereof, that euery In-
habitant shall henceforth contribute to all charges both in Church
548 CODE OF LAWS.
and Common wealth whereof hee doth or may receiue benefitt, and
euery such Inhabitant who doth not voluntarily contribute propor-
tionably to his abillity with the rest of the same Towne to all com-
mon charges, both Ciuill and Ecleseasticall, shall bee compelled
therevnto by assessments and distress, to be leuyed by the Constable
or other officer of the Towne as in other cases ; And that the Lands
and Estates of all men, whereuer they dwell, shall bee rated for all
Towne Charges, both Ciuill and Ecleseasticall as aforesaid, where
the Lands and Estates shall lye, and theire persons, where they
dwell.
For a more equall and ready way of raising means [for] defray-
ing of publique charges in time to come, and for preuenting such in-
conueniences as haue fallen out vppon former assessments ; — It is
[50*] ordered and acted by the Authority of this Courte, || That the
Treasurer for the time being shall, from yeare to yeare, in the first
month, without expecting any other order, send forth his Warrants to
the Constables of euery Towne within this Jurissdiction, requiring
the Constable to call together the Inhabitants of the Towne, whoe
being so assembled shall chuse three or foure of theire able Inhabit-
ants, whereof one to bee a Comissioner for the Towne, whoe shall
some time or times in the sixth month then next ensuing, make a list
of all the male persons in the same Towne from sixteene yeares old
and vpwards, and a true estimation of all personall and reall estates
being (or reputed to bee,) the estate of all and euery the persons in
the same Towne, or otherwise vnder theire custody or managing, ac-
cording to just valuation, and to what persons the same belong,
whether in theire owne Towne or other where, so neare as they can
by all lawfull wayes and meanes w""" they may vse, viz : of howses,
lands of all sortes, as well vnbroken vp as other (except such as doth
or shall lye common, for free feed of Cattle, to the vse of the Inhab-
itants in generall, whether belonging to the Townes or perticular
persons, but not to bee kept or bearded vppon it to the damage of the
proprietors,) mills, shipps and all small vessells, merchantable goods,
cranes, wharfes, and all sortes of Cattle, and all other knowne estate
whatsoeuer, as allso all visible estate either at sea or on shore ; all
w"*" persons and estates are by the said Commissioners and select men
to be assessed and rated as heere follow"", viz : Euery person afore-
said, (except Magistrates and Elders of Churches) two shillings six
pence by the head, and all estates both reall and personall, at one
penny for euery twenty shillings, according to the rates of Cattle
hereafter mentioned. And for a more certeine rule in rating of
CODE OF LAWS. 549
Cattle, euery Cowe of f'oure yeare old and vpward shall be valued at
fiue pounds ; euery heifer and steare, betweene three and four yeare
old, foure pounds, and betweene two and three yeare old, fifty shil-
lings, and betweeile one and two yeare old, thirty shillings; euery
Oxe and Bull of foure yeare old and vpwards, six pounds ; euery
Horse and 'Mare of foure yeare old and vpwards, twelue pound ; of
three yeare old, eight pounds ; betweene two and three yeares old,
fiue pounds; of one yeare old, three pounds ; euery Sheepe of one
yeare old, thirty shillings ; euery Goate aboue one yeare old, eight
shillings ; euery Swyne aboue one yeare old, twenty shillings ; and
all Cattle of all sortes vnder a yeare old, are hereby exempted, as
allso all Hay and Come in the husbandmans hand, because all
meadow, earable ground and Cattle are rateable as aforesaid. And
[51*] for all such persons as by the advantage of theire Artes and
Trades are more able to helpe beare the publique charge then Com-
mon Labourers and workemen, as Butchers, Bakers, Bruers, Vic-
tuallers, Smiths, Carpenters, Taylors, Shoemakers, Joiners, Barbers,
Millers and Masons, with all other manuall persons and Artists, such
are to bee rated for their returnes and gaines proportionably vnto other
men for the produce of theire estates. Provided that in the Rate by
the Poll, such persons as are dissabled by sickness, lameness or
other infirmities shall bee exempted ; and for such servants and
children as take not wages, theire parents and masters shall pay for
them, but such as take wages shall pay for themselues.
And it is further ordered, that the Comissioners for the severall
Townes vppon this Riuer shall yearely meet vppon the third Thurs-
day in the sixth month at Hartford, and the Comissioners for the
Townes of Fairefeild and Strattford shall meett the same day in one
of those Townes, (and two dayes before the Generall Courtein Sept:
they shall meete y' Comissioners vppon y' Riuer in Hartford,*) and
bring with them, fairely written, the just number of males listed as.
aforesaid, [and] the Assessment of estates made in theire seuerall
Townes according to the rules and directions in this present order
expressed ; And the said Comissioners being so assembled shall
duely and carefully examine all the said Lists and Assessments of
severall Townes, and shall correct and perfect the same, according
to the true intent of this order, and the same so perfected they shall
transmit! vnder theire hands to the Generall Courte, the second
Thursday in September, and then, directions shall bee giuen to the
Treasurer for gathering of the said Rate, and euery one shall pay
* The clause in parenthesis, is interlined.
550 CODE OF LAWS,
theire Rate to the Constable of the Towne where it shall bee assessed ;
nor shall any land or estate bee rated in any other Towne but where
the same shall lye, is or was improued to the owner's, reputed own-
er's, or other proprietor's vse or behoofe, if it bee within this Juriss-
diction. And for all peculiars, viz: such places as are not yet laid
within the bounds of any Towne, the same Lands, with the persons
and estates therevpon, shall bee assessed by the Rates of the Towne
next vnto it ; the measure or estimacon shall bee by the distance of
the meeting bowses.
And if any of the said Comissioners or of the select men shall wil-
lingly faile or neglect to performe the trust committed to them by
this order, in not making, correcting, perfecting or transmitting any
[52*] of the said Lists or Assessments, || according to the intent of
this order, euery such offender shall bee fyned forty shillings for
euery such offence, or so much as the Country shall bee damnified
thereby, so as it exceeds not forty shillings for one offence ; provided
that such offence or offences bee complained of and prosecuted, in
due course of law, within six months.
And it is further ordered, that vppon all distresses to bee taken for
any of the Rates and Assessments aforesaid, the officer shall distreine
goods or Cattle, if they may bee had ; and if no goods, then lands or
howses ; if neither goods nor lands can bee had within the Towne
where such distresses are to bee taken, then vppon such returnes to
the Treasurer hee shall giue warrants to attache the Body of such
persons to bee carried to prison, there to bee kept till the next
Courte, except they put in security for theire appearance there, or
that payment bee made in the meane time.
And it is further ordered, that the prises of all sorts of Come to
bee receiued vppon any Rate by vertue of this order, shall bee such
as the Courte shall sett from yeare to yeare, and in default thereof
they shall bee accepted at the price current, to bee judged by the
said Comissioners.
And it is further ordered, that all Estates of land in England shall
not bee rated in a publique assessment.
It is allso provided and ordered, that all Towne Rates shall bee
made after the same manner and by the same rule as the Country
Rate.
Whereas much wrong hath beene done to the Country by the
negligence of Constables, in not gathering such Leuyes.as they haue
receiued Warrants from the Treasurer, during theire office : — It is
therfore ordered, that if any Constable shall not haue gathered the
CODE OF LAWS. 551
Leuyes committed to his charge by the Treasurer then being, during
the time of his office, that hee shall, notwithstanding [//te] expiration
of his office, haue power to leuye by distress all such Rates and
Leuyes ; and if hee bring them not in to the old Treasurer, accord-
ing to his warrants, the Treasurer shall distreine such Constables
goods for the same ; and if the Treasurer shall not so distreine the
Constable, hee shall bee answerable to the Country for the same.
And if the Constable bee not able to make payment, it shall be law.
full for the Treasurer, old or new respectiuely, to distreine any man
or men of that Towne where the Constables are vnable, for all
Arrearages of Leuyes ; and that man or men, vppon petition to the
Generall Courle, shall haue order to collect the same againe, equal-
[53*] ly, ofy^ Towne, || with his just dammages for the same.
It is further ordered by this Courte, that all Collectors and gath-
erers of Rates shall appoint a day and place and giue reasonable
warning to the Inhabitants to bring in theire proportions, vppon
w'''' every man so warned shall duely attend to bring in his Rate,
or vppon neglect thereof shall forfeitt two pence in the shilling for
what hee falls shorte ; and the said Collector shall haue authority
hereby to distreine the delinquents, or bee accountable themselues
for the Rates and penaltyes so neglected by them.
RECORDS.
It is ordered by this Courte and Authority thereof, that the Towne
Clarke or Register, in the several Townes of this Jurissdiction, shall
record all Births and Deaths of persons in theire Towne : And that
all parents, masters of servants, executors and administrators, re-
spectiuely, shall bring in to the Register of theire severall Townes,
the names of such persons belonging to them or any of them, as
shall either be borne or dye ; and allso that euery new married man
shall likewise bring in a certificate of his Marriage, vnder the hand
of the Magistrate w'''' married him, to the said Register ; And for
each neglect the person to whome it doth belong shall forfeitt as fol-
low'*", viz : If any person shall neglect to bring in a noate or certifi-
cate as aforesaid, together with three pence a name, to the said Re-
gisters, for all Births and Deaths, and six pence for each Marriage,
to bee recorded, more then one month after such Birth, Death or
Marriage, shall forfeitt for euery default fine shillings, and the pen-
alty further increased vppon longer neglect, according to the judge-
ment of the Courte. And the Register of each Towne shall yearely
conuey to the Secretary of the Courte a true transcript of the Births,
Deaths and Marriages, giuen vnder theire hands, with a third parte
552 CODE OF LAWS.
of the aforementioned fees, vnder the penalty of forty shillings for
euery such neglect, all w"'' forfeitts shall bee returned in to the
Treasury ; AUso the Grand Jurors may present all neglects of this
order.
It is ordered by the Authority aforesaid, that the seuerall Towns
within this Jurissdiction shall each of them provide a Ledger Booke,
with an Index or Alphabett, vnto the same: Allso shall chuse one
[54*] whoe shall bee a Towne Clarke or Register, || whoe shall, be^
fore the Generall Courte in September next, record euery mans
howse and lands allready graunted and measured out to him, with
the bounds and quantity of the same. And whosoeuer shall neglect
three months after notice giuen, to bring in to the said Towne Clarke
or Register a noate of his howse and land, with the bounds and
quantity of the same by the nearest estimacon, shall forfeitt ten
shillings ; and so ten shillings a month, for euery month hee shall
so neglect ; the like to bee done for all lands hereafter graunted and
measured to any. And if any such Graunter, being required by
the Grauntee, his Heires or Assignes, to make an Acknowledgm' of
any Graunt, Sale, Bargaine or Morgage by him made, shall refuse
so to doe, it shall bee in the power of any Magistrate to send for the
partye so refusing and committ him to prison without Bayle or
Maineprise, vntill hee shall acknowledge the same : And the
Grauntee is to Enter his Caution with the Recorder, and this shall
saue his interest in the meane time. And all Bargaines or Mor-
gages of lands whatsoeuer shall bee accounted of no value vntill they
bee recoi'ded, for w'''' Entry the Register shall receiue six pence for
euery percell, deliuering euery owner a Coppy of the same vnder
his hand, wherof foure pence shall bee for himselfe and two pence
for the Secretary of the Courte. And the said Register shall, euery
Generall Courte in May and September, deliuer into the same a
Transcript fairely written of all such Graunts, Bargaines or Ingage-
ments recorded by him in the Towne Booke ; And the Secretary of
the Courte shall record it in a Booke fairely written, prouided for
that purpose, and shall preserue the -Coppy brought in vnder the
hand of the Towne Clarke. Allso the said Towne Clarke shall
haue for euery search of a percell, one penny, and for euery Coppy
of a percell, two pence ; and a Coppy of the same vnder the hand of
the said Register or Towne Clarke and two of the men chosen to
gouerne the Towne, shall bee a suffitient euidence to all that haue
the same.*
• Oct. lOth, 1639. p. 37.
CODE OF LAWS. 553
For the better keeping in minde those passages of Gods Provi-
dence w"'' haue beene rernarkeable since o' first vndertaking of these
Plantacons, Mr. Deputy, Capt. Mason, Mr. Stone, with Mr. Good-
wyn, are desired to take the paines seuerally in theire seuerall
Townes, and then jointly together, to gather vp the same and deliuer
them in to the General! Courte in September next, and if it bee
judged then fitt, they may bee recorded, and for future times, what-
soeuer rernarkeable passages shall bee, and if they bee publique, the
said parties are desired to deliuer in the same to the Generall
[55*] Courte : || But if any perticular person doe bring in any
thinge, hee shall bring it vnder the hands of two of the aforemen-
tioned parties, that it is true, then present it to the Generall Courte,
that if it bee there judged requisitt it may bee recorded : provided
that any Generall Courte for the future may allter any of the par-
ties before mentioned or add to them, as they shall judge meett.*
It is allso ordered by this Courte and decreed, that after the death
and decease of any person possessed of any estate, bee it more or
less, and whoe maketh a will in writing or by word of mouth,
those men w"*" are appointed to order the affaires of the Towne
where any such person deceaseth, shall within one month after the
same at furthest, cause a true Inventory to bee taken of the said es-
tate in writing ; as allso take a Coppy of the said Will or Testament
and enter it into a Booke or keepe the Coppy in safe custody ; as
allso enter the names vppon record of the Children and Legatees of
the Testator or deceased person. And the said orderers of the af-
faires of the Towne are to see euery such Will and Inventory to bee
exhibited into the publique Courte, within one quarter of a yeare,
where the same is to bee registred. And the said orderers of the
affaires of the Towne shall doe theire indeauours in seeing that the
estate of the Testator bee not wasted nor spoiled, but improued for
the best advantage of the Children or Legatees of the Testator, ac-
cording to the minde of the Testator, for theire and euery of theire
vse, and by theire and every of theire allowance and approbation.
But when any person dyeth Intestate, the said orderers of the
affaires of the Towne shall cause an Inventory to bee taken, and
then the publique Courte may graunt the Administracon of the
goods and chatties to the next of kinn, jointly or seuerally, and
devide the estate to wife (if any bee,) children or kindred, as in
equity they shall see meett. And if no kindred bee found, the Courte
to administer for the publique good of the Common: provided ther
• Oct. lOth, 1639. p. 39, 40.
48
554 CODE OF LAWS.
bee an Inventory registred, that if any of the kindred in future
time appeare, they may haue justice and equity done vnto them.
And all charges that the publique Courte or the orderers of the
affaires of the Towne are at, about the trust committed to them,
either for writing or otherwise, is to bee paid out of the estate.*
Whereas allso. It was recomended by the Commissioners, that for
[56*] the more free and speedy passage of Justice || in each Juriss-
diction, to all the Confederates, If the last Will and Testament of
any person bee duely prooued in, and duely certified from any one
of the Colonyes, it bee without delay accepted and allowed in the
rest of the Colonyes, vnless some just exception bee made against
such will or the proouing of it, w""'' exception to bee forthwith duely
certefied back to the Colony where the said Will was prooued, that
some just course may bee taken to gather in and dispose the estate
without delay or dammage. And allso that if any knowne planters
or settled inhabitants dye Intestate, Administracon bee graunted by
that Colony vnto w'^*' the deceased belong, though dying in another
Colony. And the Administracon being duely certefied, to bee of
force for the gathering in of the estate in the rest of the Colonyes,
as in the case of Wills prooued, where no just exception is returned-
But if any person possessed of an estate, who is neither planter nor
setled inhabitant in any of the Colonyes, dye Intestate, the Admin-
istracon (if just cause bee found to giue Administracon,) bee graunt-
ed by that Colony where the person shall dye and departe this life,
and that care bee taken by that Gouernement to gather in and se-
cure the estate, vntill it bee demaunded and may bee deliuered ac-
cording to rules of justice : — Which vppon due consideracon was
confirmed by this Courte, in the behalfe of this Colonye, and or-
dered to bee attended in all such occasions for the future : provided
the Generall Courtes of the the other Colonyes yeild the like assent
therevnto."}"
SCHOOLES.
It being one chiefe project of that old deluder Sathan, to keepe
men from the knowledge of the Scriptures, as in former times keep-
ing them in an vnknowne tongue, so in these latter times by per-
swading them from the vse of Tongues, so that at least the true
sence and meaning of the originall might bee clouded with false
glosses of saint seeming deceiuers ; and that Learning may not bee
•Oct. lOlll, 1639. p. 39.
t Recommended by Comm'rs of the U, Colonies, Sept. 1648, and confirmed by the General
Court, Mar. 14th, 1648-9. p. J 79.
CODE OF LAWS. 555
buried in the Graue of o'' Forefathers, in Church and Common
wealth, the Lord assisting our indeauors, — It is therfore ordered by
this Courte and Authority thereof, that euery Towneshipp within
this Jurissdiction, after the Lord hath increased them to the number
of fifty houshoulders, shall then forthwith appoint one within theire
[57*] Towne to teach || all such children as shall resorte to him, to
write and read, whose wages shall bee paid either by the parents or
masters of such children, or by the Inhabitants in generall by way
of supplye, as the maior parte of those who order the prudentialls
of the Towne shall appointe ; provided that those who send theire
children bee not oppressed by more then they can haue them taught
for in other Townes. And it is further ordered, that where any
Towne shall increase to the number of one hundred families or
housholders, they shall sett vp a Grammer Schoole, the masters
thereof being able to instruct youths so farr as they may bee fitted
for the Vniversity. And if any Towne neglect the performance
hereof aboue one yeare, then euery such Towne shall pay fine
pounds p"^ Annu, to the next such Schoole, till they shall performe
this order.
The propositions concerning the maintenance of Schollars at
Cambridge, made by the Comissioners, is confirmed. And it is or-
dered, that two men shall bee appointed in euery Towne, within
this Jurissdiction, whoe shall demaund what euery familye will
giue, and the same to bee gathered and brought into some roome,
in March, and this to continue yearly as it shall bee considered by
the Comissioners.*
SECRETARY.
It is ordered and decreed, that within twenty dayes after the sess-
ion of euery Generall Courte, the Secretary thereof shall send forth
Coppies of such Lawes and orders as are or shall bee made at either
of them, w''*' are of generall concernement for the gouernement of
this Commonwealth, to the Constables of each Towne within this
Jurissdiction, for them to publish within .fourteene dayes more, at
at some publique meeting in theire seuerall Townes, and cause to
bee written into a Booke and kept for the vse of the Towne. And
once euery yeare the Constables in each Towne shall read or cause
to bee read in some publique meeting all the Capitall Lawes, and
giue notice to all the Inhabitants where they may at any time see
the rest of the Lawes and orders and acquaint themselues there-
* Confirmed by the General Court, Oct. 25th, 1644. p. 112 ; Jfote.
556 CODE OF LAWS.
with: And the Secretary of the Courte shall haue twelue pence for
the Coppy of the orders of each Session aforesaid, from each of the
Townes.*
[58*] And it is further ordered that the Secretary of the Courte
shall record such Wills and Inventoryes as are exhibited into the
said Courte, and shall fyle the originall of them, and giue a Coppy
thereof to such as desire it, for w'^'' hee shall haue for euery
Record of any Will or Inventory, or both, w'^'' is aboue the sum of
forty pounds, three shillings foure pence ; and for euery coppy of
them or either of them, one shilling eight pence : And for euery
search or supervising of them six pence : allso for recording of
euery Will or Inventory, or both, w""" is aboue the sum of thirty
pounds and vnder the sum of forty pounds, two shillings six pence ;
and for euery coppy of them, or either of them, fifteene pence ; and
for euery search or supervising of them foure pence : Allso for
euerj^ Attachem', twelue pence, and for euery Bond or Recognis-
cance in or about the same, six pence : Allso for euery Execution
above fine pounds, the Secretary shall haue twelue pence, and for
euery Execution vnder fine pounds, six pence : Allso for the entry
of euery or any Recogniscance in Courte, six pence, and for the
withdrawing of it twelue pence, w°'' shall bee paide before the boun-
den bee freed from his said Recogniscance.
It is allso ordered, that whosoeuer shall take out any Warrant
from the Secretary of the Courte, that concernes an Action, shall,
before hee hath a Warrant, enter his Action with the Secretary, and
then take out his Warrant for summons to answer the same ; for
w"*" they shall pay for euery entry twelue pence, and for euery War-
rant, foure pence, though they agree with theire defend'^ before the
Courte. Allso if any other Magistrate shall graunt a Warrant w'^''
concernes an Action, they shall enter the Action in a small Booke
for that purpose, before they graunt the Warrant, and shall make a
due returne at euery Courte to the Secretary thereof, what such
Warrants and to whome they haue graunted ; and all such persons
shall bee as lyable to pay twelue pence for euery such Action to the
Secretary of the Courte as if they should liaue had theire Warrants
of him.
ST R A YE S .
It is ordered by this Courte and Authority thereof, that Avhosoeuer
shall take vp any straye beast or find any goods lost, whereof the
owner is not knowne hee shall giue notice thereof to the Constable
* Oct. lOth, 1C39 ; (p. 39 ;) amended.
CODE OF LAWS. 557
of the same ToWne, within six dayes, whoe shall enter the same in a
[59*] booke, and take order that it bee cryed || at theire next Lec-
ture day or generall meeting, vppon three seuerall dayes, and if it
bee aboue twenty shillings value, at the next Markitt, or two next
Townes publique meetings, where no Markitt is within ten miles,
vppon paine that the partye so finding and the said Constable hauing
such notice and failing to doe as is here appointed, to forfeitt, either
of them, for such default one thirde parte of the value of such straye
or lost goods.
And if the finder shall not give notice as aforesaid, within one
month, or if hee keepe it more then three months, and shall not
aprize it by sufficient men, and allso record it with the Register of
the Towne where it is found, hee shall then forfeitt the full value
thereof. And if the owner appeare within one yeare after such publi-
cation hee shall haue restitution of the same or the value thereof,
hee paying all necessary charges, and to the Constable for his care
and paines, as one of the next Magistrates or one of the Townesmen
shall adiudge; and if no owner appeare within the time prefixed,
the said straye or lost goods shall bee thus devided, one fourth parte
thereof with his reasonable charge shall bee to the finder, one fifth
parte thereof or ten shillings to the Constable, at the choyce of the
Courte, and the rest to the Common wealth ; provided there bee
three streakes dipt in the haire of the neare buttock six inches long,
that they may bee knowne.
S W Y N E .
It is ordered by this Courte, that all the swyne, either hoggs or
•shoates, in the severall plantations that are kept at home within the
Towne, shall by September next bee ringed or yoaked, or kept vp
in theire yards "vnder the penalty of foure pence for euery such
swyne, to bee paid by the owner to the party that shall take the
swyne sodefectiue and impound them ; allso all such as are kept by
heards in the woods, shall not bee suffered to abide aboue one nighte
in the Towne, but that it shall bee lawfull to impouund them, in case
they come at any time home from the middle of March to the middle
of November. Fairefeild and Strattford desires to bee included in
this order.
For the better preserving Corne and meadow on the east side of
the great Riuer, It is ordered by this Courte, that there shall no
hoggs nor swyne of any sorte bee put ouer thither or kept there at
[60*] any time, after the || publishing of this order, except they
48*
558 CODEOFLAWS.
bee kept out of the bounds of the severall Towries or in theire
yardes vnder the penalty of two shillings a head for euery hogg or
swyne, for euery time they shall bee found there contrary to this
order.
TIMBER,
It is ordered by this Courte, that no Timber shall bee felled with-
in three myles of the mouth of Mattabeseck Riuer, nor at vnseason-
able times, viz: from the beginning of Aprill to the end of Septem-
ber, and that it bee improued into pipestaues or some other merchant-
able comodity, within one month after the felling thereof, or carted
together : and that the Timber so improued shall not bee transported
from the Riuer but for discharge of debts or fetching in some neces-
sary provision.
T o B A CK o .
Forasmuch as it is obserued that many abuses are crept in and
comitted by frequent taking of Tobacko, It is ordered by the Au-
thority of this Courte, that no person vnder the age of twenty yeares,
nor any other that hath not allready accustomed himselfe to the vse
thereof, shall take any Tobacko, vntill hee hath brought a certificate
vnder the hands of some who are approued for knowledge and skill
in phisick, that it is vsefuU for him, and allso that hee hath receiued
a lycen&e from the Court for the same. And for the regulating of
those whoe either by theire former taking it haue to theire owne
aprehensions made it necessary to them, or vppon due advice are
perswaded to the vse thereof. It is ordered, that no man within this
Colonye, after the publication hereof, shall take any Tobacko pub-
liquely in the street, high wayes, or any barne yards, or vppon train-
ing dayes in any open places, vnder the penalty of six pence for
each offence against this order in any the perticulars thereof, to bee
paid without gainsaying vppon conviction, by the testimony of one
wittness that is without just exception, before any one Magistrate.
And the Constables in the severall Townes are required to make
presentment to each perticular Courte of such as they doe vnder-
stand and euict to bee transgressors of this order.
[61*] TRESPASSES.
It is ordered by tliis Courte and Authority thereof, that if any
horse, or other beast, trespass in Corne or other Inclosure, being
fenced in such sorte as secures against Cowes, oxen, small calues,
CODE OF LAWS. 559
and such like orderly cattle, the party or parties trespassed shall
procure two able men of good reports and creditt to veiw and ad-
iudge the harmes, w'^'' the owner of the beast shall satisfie (when
knowne,) vppon reasonable demaund, whether the beast were im-
pounded or not ; but if the owner bee knowne and neare residing, as in
the same Towne, or the like, notice shall bee left at the vsuall place
of his aboad, of the Trespass, before an estimacon bee made there-
of, to the end hee, or any others appointed by him, may bee present
when the judgement is made ; the like notice allso shall bee left for
for him of the damage charged vppon him, that if hee approue not
thereof hee may repairs to the select Townsmen, or some of them,
whoe shall in such case nominate and appoints two able and indif-
ferent men, to reveiw and adiudge the said harmes, w"*" being dis-
charged, together with the charge of the notice, former and latter
veiw, and determination of dammages, the first judgement to bee
void, or else to stand in laws.
TREASURER.
It is ordered, that the Treasurer shall deliver no mony out of his
hands to any person, without the hands of two Magistrates, if the sum
bee aboue twenty shillings ; if it bee vnder, then the Treasurer is to
accept of the hand of one ; but if it bee for the payment of some bills
to bee allowed, w'*" are referred to some Comittees to consider of,
whether allowed or not, that such bills as they allowe and sett theire
hands unto, the Treasurer shall accept and giue satisfaction.*
V O AT E S .
It is ordered by this Courte and dscresd, that if any person within
these Libberties haue beene or shall bee fyned or whipped for any
scandalous offence, hee shall not bee admitted after such time to haue
any voats in Towne or Common wealth, nor to serus on the Jury
vntill the Courte shall manifest theire satisfaction.
VERDICTS.
That loue and peace, with truth and righteousnes may continue and
[62*] flourish in these confoederated Colonyes, || It was, vppon the rec-
omendation of the Commissioners, ordered, that any Verdict or sentence
of any Courte within the Colonyes, presented vnder authentique tes-
timony, shall haue a due respect in the severall Courtes of this Ju-
rissdiction, where there may bee occasion to make vss hereof, and
•Jan. 14th, 1638-9. p. 26.
560 CODE OF LAWS.
shall bee accounted good euidence for the partye, vntill better eui-
dence or other just cause appeare to allter or make the same voide :
And that in such case, the issueing of the cause in question bee res-
pited for some convenient time, that the Courte may bee advised
with where the verdict or sentence first passed. Provided notwith-
standing, that this order shall bee accounted valid and improued
onely for the advantage of such as Hue within some of the eonfceder-
ated Colonyes; and where the verdicts in the Courts of this Colony
may receiue reciprocall respect by a like order established by the
Generall Courte of that Colonye.*
VTYNE AND STRONG Vi^ A T E R .
Whereas many complaints are brought into the Courte, by reason
ofdiuerse abuses that fall out by severall persons that sell wyne and
strong water, as well in vessells on the Riuer as allso in severall
howses ; for the preventing hereof. It is now ordered by the Author-
ity of this Courte, that no person or persons, after the publishing of
this Order, shall neither sell Wyne nor strong water by retaile, in
any place within these Libberties, without lycense from the perticu-
lar Courte or any two Magistrates,"}" or where there is but one Magis-
trate, by a Magistrate and one of those appointed to order the affaires
of the Towne.
WATCHES.
It is ordered by this Courte and decreed, that there shall bee a suf-
fitient Watch meinteined in euery Towne, and that the Constable of
each Towne shall duely warne the same and see that the inhabitants
or residents doe severally in theire turnes obserue the same, accord-
ing as the inhabitants doe agree. :j: And this Courte doth explaine
themselues and order that whosoeuer within this Jurissdiction, that
is lyable to watch, shall take a journeye out of the Towne wherein
hee liueth after hee hath had timely notice aud warninge to watch,
hee shall provide a watchman for that turne, though himselfe bee
absent ; and if any man that takes a journye, or goes out of the
Towne wherein hee liueth, if hee returne home within a weeke after
the Watch is past his howse, hee shall bee called back to watch that
turne past a weeke before. §
{63*] And for the better keeping Watches and Wards by the Con-
* Approved by the General Court, Oct. 25th, 1644. p. 113.
tFeb. 14th, 1643-4. p. 100. The clause which follows was added subsequently.
4 June, 1636. p. 2. § Sept. 1649. p. 196.
CODE OF LAWS. 561
stables in time of peace, It is ordered by this Courte and Authority
thereof, that euery Constable shall present to one of the next Magis-
trates the name of euery person whoe shall vppon lawfuU warninge
refuse or neglect to watch or warde, either in person or some other
fitt for that service: And if, being convented, hee cannott giue a just
exciise, such Magistrate shall graunt warrant to levye fiue shillings
on euery such offender, for euery such default : the same to be im-
ployed for the vse of the Watch of the same Towne. And it is the
intent of the lawe that euery person of able body (not exempted by
lawe,) or of estate to hire another, shall bee lyable to watch and
warde, or to supply it by some other, when they shall bee therevnto
required. And if there bee in the same howse diuerse such persons,
whether sonnes, seruants or soiourners, they shall all bee compella-
ble to watch as aforesaid. Provided that all such as keepe families
at theire farmes, being remoate from any Towne, shall not bee com-
pellable to send theire seruants or sonns from theire farmes to watch
and warde in the Townes.
wr o LU E s .
Whereas great loss and dammage doth befall the Common wealth
by reason of Wolues, w'** destroy great numbers of our Cattle, not-
withstanding provision formerly made by this Courte for suppressing
of them ; therfore, for the better incouragement of any to sett about
a worke of so great concernement. It is ordered by this Courte and
Authority thereof, that any person, either English or Indian, that
shall kill any Wolfe or Wolues, within ten myles of any plantacon
within this Jurissdiction, shall haue for euery Wolfe by him or them
so killed, ten shillings paid out of the Treasury e of the Country : pro-
vided, that due proofe bee made thereof vnto the plantacon next ad-
ioyning where such wolfe or wolues were killed, and allso bring a
certificate under some Magistrates hand, or the Constable of that
place, vnto the Treasurer.
WRECKS OF THE SEA.
It is ordered and decreed and by this Courte declared, that if any
shipps, or other vessells, bee it freind or enemye, shall suffer ship-
wreck vppon o"" Coasts, there shall bee no violence or wrong offered
to theire persons or goods, but theire persons shall bee harboured and
releiued, and theire goods preserved in safety, till Authority may
[64*] beecertefied and shall take further order therein.
562 CODE OF LAWS.
VESSELLS.
It is ordered by this Courte and Authority thereof, that no Vessell
nor Boate shall haue libberty to goe from any Porte in any Towne
within this Jurissdiction, before they haue entred with the Register
or Recorder in each Towne what quantity of powder and shott they
carry forth with them in theire said vessells, and shall take a Certifi-
cate, vnder the said Registers or Recorders hand, of the same, paying
to him for every Certificate, foure pence : And if any vessell shall
attempt to goe from the said Towne or Porte, or Townes and Portes,
before hee hath entred as aforesaid, or shall bee found with any
more or greater quantity of powder and shott aboard the vessell or
vessells then they had a Certificate to shew they had entred, shall
forfeitt and pay for each default the true value of all such powder
and shott as they should haue entred as aforesaid. And all such
persons or Ma'"^ of such Vessells shall giue a true account, vppon
theire returne, to the said Recorder where they have entred the prem-
ises, how they haue disposed thereof, vppon the former penalty :
And if the said Towne Register or Recorder shall haue just cause
to conceiue that hee or they carry forth more of the premises then in
an ordinary way is requisitt for theire necessary defence and safety
in theire intended voyage, then the said persons or Ma"' of Vessells
shall giue in security vnto the said Recorder, (if by him required
therevnto,) that hee shall giue a due account to this Commonwealth
of the same, vppon his returne.
FORREIGNERS.
It is ordered by this Courte, that no Foreigners, after the twenty
ninth day of September next shall retaile any goods by themselues in
any place within this Jurissdiction, nor shall any Inhabitant retayle
any goods w"'' belongs to any Forreigner, for the space of one whole
yeare after the said twenty ninth of September next, vppon penalty
of confisscation of the value of one halfe of the goods so retailed, to
bee paid by the seller of them.
[65*] HOME LOTTS.
Whereas there is creeping in, in severall Townes and plantations
within this Jurissdiction, a great abuse of buying and purchasing
Home Lotts and laying them together, by meanes whereof great de-
populations are like to follow. It is ordered that all dwelling or man-
sion howses that are or shall bee allowed in any plantation or Towne
within this Jurissdiction, shall bee vpheld, repaired and meinteined
CODE OP LAWS. 563
sufficiently in a comely way : As allso, whosoeuer shall possess and
inioye any homelotts within any such plantation or Towne, that is
not yet built vppon, shall, within twelue months after the making of
this order, erect and build a howse there, fitt for an inhabitant to
dwell in, vnless the Courte, vppon knowledge of the case, finde cause
to abate, or giue longer time for building.
It is ordered, that the prises of Corne for the yeare ensuing, for all
Country Rates, (except where ingagements to the contrary are ex-
pressed,) shall bee as followeth :
Wheat, foure shillings six pence p"^ bush:
Pease, three shillings six pence p"" bush:
Rye, three shillings six pence p' bush:
Indian, three shillings p"" bush:
And that there shall bee libberty for all men to pay one thirde parte
of such Rates, in good Wampum.
Office of Secretary of State.
J Ijerebu CCl'tifo, that I have caused the printed matter
contained in the foregoing pages of this volume, to be diligently
compared with the original Records of the Colony of Connecti-
cut, prior to its union with New Haven ; and that I find the
same to be (except where otherwise indicated and expressed,)
a true, full, and literal copy of the said Records.
3n testimony toljcrrof, I have hereunto set my hand
L. S. and affixed the Seal of the said State, at Hartford,
this 29th day of January, A. D. 1850.
ROGER H. MILLS,
Secretary of State.
APPENDIX.
No. I. (p. 68.)
LETTER FROM SIR WILLIAM BOSWELL, RELATING TO THE ENCROACH-
MENTS OF THE DUTCH.
[In 'Colonial Boundaries,' Vol. II. Doc. No. ].]
Haghe, 22 Jan: 164^, st. vet.
Worthy Docf Wright,
You cannot but imagine of how small effect any instructions [to
me] or motions of myne heer are like to be, vntil our aff "^^^ shalbe bet-
ter settled at home ; yet is it vnfit wee should forbeare to keep any
right wee haue on foot, or to set forth in due manner to the States
th' encrochem' of their West-Ind" Comp"^, (vnder whose wing the
traders vpon Conecticut & Planters in New Netherl'', if any be, doe
sheltre themselues,) vpon his Mat"" sub'ts th''abouts. VVherfor my
aduise (the best I can offre for present,) is, —
1. That the Parties interessed, (by whom the Mem'" enclosed
hath been drawne) procure some Declaracon or Act, from the Par-
lem', at least from the Howse of Commons, or their Comittee for these
buisinesses ; wherby it may appeare, that they take notice & care
of our people & plantacons in those p''ts.
2. That they procure lettres likewise, from the Lords of the
Con"" vnto mee, w"" this Mem"" or the like enclosed, requiring mee to
represent the same, in whoUe or p't, as I shall see requisit, to the States
G'rall, & West-India Comp"^, or others, whom I shall think propre.
As also, to doe what else I shall iudge necessary, for atteyning the
end, & quiett correspond" between the English & Dutch desired : And
to make report.
3. They acquaint the States Amb'' in London with the summe of
these I'res, Mem''", & Act. And to make him sensible of the incon-
ueniences & harmes w'''' may & certainly will befall the West India
Comp"*', &c., if any quarrells should arise & spread from those quar-
ters. This to be done by p''sons of qu[ality.]
4. That in the mean tyirie, th' English there doe not forbeare to
put forward their plantacons, and crowd on, crowding the Dutch out
of those places where they haue [occupied,] but without hostility or
any act of violence. I will not doubt but they are so wise as to
stand vp, on their guard, with sufficient caution, and force to resist
any suddaine attempt by frends or foes vpon them.
49
566 APPENDIX.
I shall heartily contribute the best of my powre vnto their &
your content ; praying you to pardon mee for not answering yo"" I're
sooner, hauing indeed hoped to haue learned something more to pur-
pose, by the time I haue taken, I rest
Yo'' assured ould frend & seru',
Willm Boswell.
Dr. Laur" Wright &c. At Chartrehowse.
For yourself.
[Sir William Boswell, was at this time English ambassador to the States General. How this
letter found its way to the Colonial files, does not appear. It is probable, however, that the
' Memorial' to which it refers, was one drawn by Gov. Hopkins, (at that time in England,) and
transmitted through the agency of his friend. Dr. Wright, to the English ambassador; and that
the letter itself (indicating a course of policy which seems to have been closely adhered to by the
Colony, in their subsequent dealings with the Dutch.) was brought to Connecticut, by Gov. Hop-
kins, on his return, some months afterward. The Dr. Wright to whom it is addressed, is proba-
bly the same to whom -Mr. Hopkins, in his will, bequeathed a piece of plate of the value of jC20,
desiring " his honored friend Dr. Wright, to whom he owed much more than that, being much
engaged, to accept it only as a testimony of his respect."]
No. II. (p. 112.)
A COPPIE OF Y^ COMBYNATION OF SOUTHAMPTON w"' HARFOFlD.
[From ' Towns & Lands,' Vol. I. Doc. No, 7.]
Whereas formerly sume Ouerturs haue by letters paste betwixt
sum deputed by the Jurissdiction of Conectecote and others of
y' plantation of Southampton vpon Long Hand, concerning vnion
into one boddy and gouernment, wherby y^ said Towne might be in-
terested in y^ general combination of y" vnited CoUonies, for prosse-
cution and issuing wherof, Edward Hopkins & John Haines being
authorised w"' power from y' Generall Corte for y" Jurisdiction of
Conecticute, <fe Edward Howell, John Gosmore and John More de-
puted by y' Towne of Southampton, It was by the said parties con-
cluded & agreed, And y^ said Towne of Southampton doe by their
said deputies, for them.selues and their successors, assotiate and
joyne themselues to y^ Jurisdiction of Conecticote, to be subiectto al
the lawes there established, according to y'' word of God and right
reson, w"" such exceptions & limmitations as are hereafter expressed.
The Towne of Southampton, by reson of ther passage by sea being
vnder more difficulties and vncertainties of repayreing to y" seueral
Corts held for y*^ Jurisdiction of Conectecote vpon y^ mayne land,
wherby they may be constrained to be absent both at y^ times of
election ofMagistrats and other ocations, w'^'' may proue p'judicial to
them; for p'^venting wherof, it is agreed, y' for y*" p''sent vntil more
plantations be settled neere to y^ Towne of Southampton w'''may be
helpful each to other in publike occations, (and y' by mutual agre-
ment betwixt y' said Towne and y^ Generall Corte for y^ Jurisdiction
of Conectecote it be otherwise ordered,) there shalbe 5^early chosen
APPENDIX. 567
two Magistrals inhabbiting vv"*!!! y* said Towne or liberties of South-
ampton, who shal haue y° same power w"" y^ P'^ticuler Courts vpon
y^ Riuer of Conectecote, though no other Magistrats of y" Jurisdic-
tion be p''sent, for y" Administration of Justice and other ocations
w°'' may concerne the welfare of y^ said Towne, offences only w'^'^con-
cerne life excepted, or limbe, w"*" always shalbe tryed by a Courte
of Magistrats to be held at y^ Riuers mouth, w"*" said Magistrats for
y^ Towne aforesaid, shalbe chosen in manner following :
The Towne of Southampton, by y" freemen therof shall yerely
p'sent to sume General 1 Courte for y" Jurisdiction of Conectecote or
to y" Gouerner thereof, before y^ Court of Election, w°'' is y' second
Thursday in Aprill, the names of three of their members of their
said Towne, and such as are freemen therof, whome they nominate
for Magistrats the yeare ensuing, out of w"*" y^ Generall Courte for
y^ Jurisdiction shall chouse two, who vpon oath taken before one or
both of y^ Magistrats for y° p'cedent yeare at Southampton, for y^ due
execution of their place, shal haue as ful power to proceede therin
as if they had beene sworne before y° Gouernor at Conectecote. It
is also provided y' y' freemen of y^ said Towne of Southampton, shal
haue libertie to voat in y" Courts of Election for y* Jurisdiction of
Conectecote, in regard of y* distance of y' place, by proxie. But in
case the Towne of Southampton shal, by any extreordinarie hand of
Providence, be hindred from sending y^ names of y' three p'sons to be
in Election for Magistrats, vnto y' Generall Court in Aprill, or hauing
sent, y' same doe miscarrie, it is in such case then prouided &
agreed, y' y^ two Magistrats for y'' precedent yeare shal supply
y' place vntill y' next Generall Court for election.
It [is] agreed and concluded, y' if vpon vewe of such orders as
are alreddy established by y'' General Court for y^ Jurisdiction of
Connectecoate, there be found any difference therin from such as are
also for y^ present settled in y*" Towne of Southampton, the said
Towne shal haue libertie to regulate themselues acording as may
be most sutable to their owne comforts and conueniences in their
own judgment, provided those orders made by them concerne them-
selues only and intrence not vpon y^ interestes of others or y* Gen-
erall Combination of y^ vnited Collonies, and are not cross to y' rule
of riteousness. The like powre is also reserued vnto themselues for
the future, for making of such orders as may concerne their Towne
ocations.
It is agreed & concluded, y' if any party find himselfe agreved by
any sentence or judgment passed by y'' Magistrats, residing at
Southampton, he may appeale to sum p''ticuler or General Court
vpon [the] Riuer, p'vided he put in securitie to y" satisfaction of one
or both of y^ Magistrates at Southampton spedily to prosecute his
said appeale, and to answer such costs and dammages as shalbe
thought meete by y" Court to which he appeals, in case there be
found no just cause for his appeale.
It is agreed & concluded, y' y' said Towne of Southampton shal
only beare their owne charges in such Fortifications as are necessa-
rie for their owne defence, maintaining their owne officers and al
568 APPENDIX.
other things that concerne themselues, not being lyable to be taxed
for fortifications or other expences y' only apertaine to the planta-
tions vpon the Riuer, or elswheare. But in such expences as are of
mutuall & common concernment, both y^ one and the other shal
beare an equall share in such proportion as is agreed by the vnited
Collonies, vizt. according to the number of males in each plantation,
from 16 to 60 years of age.
The oath to he taken at Southampton.
I, A. B. being an Inhabitant of Southampton, by y° P'^vidence of
God, combined w*^'' y^ Jurisdiction of Conectecote, doe acknowledg
myself to be subiect to y^ Gouernment therof & do sweare by the
greate and dreadfull name of the euerliuing God to be true & faith-
full to the same, and to submit both my person & estate therunto,
acording to al the wholesum lawes and orders y' are or hereafter
shalbe made and established by lawful Authority, w^'' such limmita-
tions & exceptions as are expressed in y° Combynation of this
Towne w* y^ aforesaid Jurisdiction, & that I wil nether plot nor
practice any euil against y° same, nor consent to any that shal so
doe, but wil timely discouer it to lawful authority there established ;
and y' I wil as I am in duty bound maintaine the honner of the same
and of y® lawfull Magistrats therof, promoteing y" publike good of it,
whilst I shal continue an Inhabbitant there ; & whensoeuer I shal
giue my voate or suifrage touching any matter w"*" concerns this
Common Wealth, bein cald therunto, I wil giue it as in my consience
I shal judg may conduce to y^ best good of y" same, w^ut respect
[of] p'"sons, or fauor of any man ; soe help me God in y'' Lord Jesus
Christ.
The forementioned agreements wear concluded y^ day & yeare
aboue written, betwene y^ parties aboue mentioned in behalf of
y^ Jurisdiction of Conectecott and y"* Towne of Southampton,
w^*' refference to y*^ aprobation of y® Commissioners for y® vnited Col-
lonies, w"'' being obtayned the said agrements are to be atended and
obserued, according to y^ true intent and purpose thereof, or other-
wise to be voyde and of noe effect ; and in testimonie thereof haue
interchangably [ ] put to their hands.
[Endorsed, in the hand writing of Secretary Clark.] A coppy of ye Combination with South-
ampton.
No. III. (p. 119, 266.)
THE AGREEMENT WITH MR. FENWICK.
Writers upon our colonial history, almost without exception, have
referred to the contract with Mr. Fenwick, as a purchase by Con-
necticut oi^ the jurisdiction right to the territory included in the Earl
of Warwick's grant to Lord Saj' & Sele and his associates,-^or in
APPENDIX. 569
Other words, as an assignment to the Colony, of the ' Old Patent' of
1632, held by Mr. Fenwick and his co-proprietors. Dr. Trumbull
has given authority to this version, by stating that " the Colony, on
the whole, paid Mr. Fenwick £1600, merely for the jurisdiction
right., or for the old Patent of Connecticut;^^ (H. of Conn. 1. 150.)
elsewhere, that the settlers of Connecticut and N. Haven were the
2)atentees of Viscount Say and Seal, &c., to whom the patent was
originally given ;" (p. 28.) and again, (p. 118,) that "as the colo-
nists, both in Connecticut and New Haven, were the patentees of
Lord Say & Seal, Lord Brook and the other gentlemen interested in
the old Connecticut patent, and as that patent covered a large tract
of country, both colonies v/ere desirous of securing the native title
to the lands." Mr. Dwight, (who seems rarely, if ever, to have
questioned the authority of Dr. Trumbull, in matters connected
with the early history of the colony,) repeats the statement, that the
colony paid Mr. F. £1600, " merely for the jurisdiction right, or for
the old patent.'' (H. of Conn. p. 109.)
It will be seen, however, on referring to the agreement itself, that
it is merely a contract of sale, of the fort at Saybrook and its appur-
tenances, and the land upon the River, — with a pledge on the part of
Mr. F., to convey to the Colony '?/" it come into his power,' all the
land between Saybrook and Narragansett River, included in the old
patent. Such conveyance does not appear ever to have been made ;
on the contrary, repeated admissions of the General Court, show that
it was 7wt made, and that so far from receiving any legal assignment
or transfer of the old patent, the Colony was (so late as 1661,) with-
out even a copy of it, and not fully informed as to the rights and priv-
leges which it was supposed to confer. In the Instructions to Gov.
Winthrop,* the agent of the Colony for procuring the charter of 1662,
the General Court desire him "to use all due means to procure a
copy of the Patent referring to these parts, granted unto those Nobles
and Gentlemen whom Mr, Fenwick did represent in his sale to this
Colony ;" and in case the copy could be obtained, Gov. F. was "to
consider both what privileges, rights and immunities are therein
granted, and to compare it with the Bay Patent," &c. In the letter
to the Earl of Manchester,! the General Court represent the Colony
as " having neither Patent or copy of it, nor aught else that may ensure
us of future continuance of our present privileges." And if further
evidence is necessary that the conditional engagement of Mr. Fen-
wick, to procure an assignment of the patent, was never performed,
it is furnished in the conditions of the settlement between the Colony
and Capt. CuUick, (Mr. F.'s brother-in-law and executor,) and in
the admissions of Mrs. Cullick, in her petition to the General Court
in 1663, (after a copy of the old patent had been found by Gov.
Winthrop, among the pnpers of Mr. Hopkins. );{:
The settlers of the River towns had not, — before or after the agree-
ment with Mr. Fenwick, — any right of jurisdiction except such as
grew out of occupation, purchase from the native proprietors, or (in
• See Appendix, No. X, (1.) t App. No. X, (3.)
t Pages 327-3-29, ante; and App. Nos. VI. and XL
49*
570 APPENDIX.
the case of the Pequot territory,) of conquest. Their policy seems
to have been to dispose as quietly and as cheaply as possible of the
claims of such as challenged their title, — into the exact nature of
which they were not disposed to provoke too close an investigation ;
assenting to the conditions of settlement imposed by Mr. Fenwick,
(as the agent of the Patentees,) until they were enabled by the pur-
chase of Saybrook, to relieve themselves from present or possible
exactions made in the name of his employers, and to conciliate the
only rival claimant to jurisdiction whom they had then reason to fear;
waiting patiently for some favorable turn in the affairs of the mother
country, which should enable them to obtain from the Sovereign, a
recognition and confirmation of the right to self-government, which
they had from the first asserted and maintained.
No. IV. (pp. 311, 389.)
CLAIMS OF MASSACHUSETTS TO THE PEQUOT COUNTRY.
The right of jurisdiction to that portion of the Pequot territory
lying between Pequot (Mystic) River, on the West, and Wecapaug,
(a brook about four miles east of Pawcatuck River,) was, for many
years, warmly contested by Massachusetts and Connecticut. In
1646, the question being referred to the decision of the Commission-
ers, as to which Colony the jurisdiction of Mr. Winthrop's new plan-
tation at Pequot rightfully appertained, "The Commissioners for the
Massathusets p''pounded an intrest by conquest ; the Commissioners
for Conecticot by Patent, purchase and conquest. It was remem-
bred that in a treaty betwixt them at Cambridge, 1638, not p''fected,
a p'"position was made that Pequot River in reference to the conquest
should be the bounds betwixt them." As the new plantation was
upon " the west syde of Pequott, & soe within the bounds at first
p'pounded for Conecticott," the Commissioners decided that " un-
lesse the Massathusets hereafter shewe better title, the Jurisdiction
should belong to Conecticott."
The next year, the question again came up for review, when the
decision of the former year was confirmed and established in rela-
tion to the new plantation ; Mr. Winthrop " expressing himselfe as
more indifferent," having probably eflected some satisfactory ar-
rangement with the General Court of Connecticut, (by whom he
was shortly after commissioned as a Magistrate, at Pequot.)
Some ten years later, a considerable number of settlers who had
located themselves farther to the eastward, (within the limits of the
present town of Stonington,) under grants from Massachusetts, were
invested by the General Court of that Colony, Oct. 1658, with town
privileges, by the name of Soulherlown. To this settlement, or rather,
to the whole of the territory which it in part occupied, the General
APPENDIX, 571
Court of Connecticut had given the name of ' Mystic and Pawcatuck,'
and claimed over it exclusive jurisdiction right, as embraced with-
in tlie limits of their purchase from Mr. Fenwick, as well as by
right of conquest. Massachusetts did not, liowever, abandon her
claims, until after the charter of 1662 had confirmed to Connecticut
the eastern boundary claimed under their "old patent," the Earl of
Warwick's grant, — ' Narragansett River, commonl)^ called Narra-
gansett Bay.'
The following documents relating to this controversy are pre-
served among the files, in the State Department : —
1, A certified copy of an order ofthe Gen. Court of Massachusetts,
May eth, 1646, empowering Mr. Winthrop, to appoint some place
"on the other side, that is on the east side ofthe great River ofthe
Pequot Country," " for the convenient planting and subsistence" of
such Indians as should be willing to remove thither, from within the
limits of the new plantation; and to set out lots, and to govern the
people ofthe plantation ; associating with him, Mr, Thomas Peters,
" for the better carrying on ofthe worke." [Towns & Lands, 1. 39,]
2, Letter from Massachusetts, (by Edward Rawson, Secretary,)
to the General Court of Connecticut, dated October 21st, 1657 ; com-
plaining ofthe exercise of jurisdiction by Connecticut, over the ter-
ritory east of Pequot River, which had been established by the Com-
missioners in 1646 and 1647, as the boundary between the two Col-
onies; and desiring Connecticut to "friendly yield up those afore-
said lands on the east side of Pequot river," and to forbear further
exercise of authority there, without the consent of the inhabitants,
until the matter should be determined by the Commissioners. A
petition which had been recently presented by the inhabitants of the
disputed territory, is referred to, as giving occasion for the letter.
[Ibid. No. 40,]
3, Copy of a letter from the General Court of Connecticut, in
reply to the foregoing, (dated. May 10th, 1658,) denying that Mas-
sachusetts had ever "challenged an interest" in the Pequot country,
*' either by protest or letters, or so much as the least intimation by
word, or any act whatsoever, since that case was fully &. clearly
determined by the Commissioners in the year 1647, at which time
they declared that Jurisdiction goeth constantly with the Patent ;"
claiming to have hitherto enjoyed uninterrupted possession of the
territory in question, and to have exercised authority there, with the
consent ofthe inhabitants, most of whom had "by oath of fidelity
submitted thereto ;" expressing surprise that Massachusetts should
pretend a claim to those parts, and impower persons to lay out lands
there. An assent is given " in a friendly manner," to the proposi-
tion of Massachusetts to refer the question to the Commissioners,
with the understanding that that colony should meanwhile forbear
to exercise jurisdiction or authority, until their better right by con-
quest should be made to appear, [Ibid. No, 41,]
4, A letter from the Commissioners of the United Colonies, to
Connecticut, (dated Sept. 18th, 1658,) in reply to one received from
572 APPENDIX.
the General Court, dated Aug. 2d, (a copy of which has not been
preserved,) " intimating a difference between the Government of the
Massachusetts and them, concerning the division of the Pequot
country ;" accompanying which was sent a copy of the decision of
the Commissioners, in the premises. By this decision Mystic River
is made the boundary between the colonies " soe far as the Pond by
Lanthorne hill, and thence from the middle of the said pond, to run
away upon a north line." [The letter is filed in 'Indians,' Vol. 1.
No. 3. The decision may be found in the Records of the U. Colo-
nies. Both are prmted (with some errors,) in Hazzard's S. Papers,
2. 395-397.]
5. Proceedings of the Commissioners, in September, 1659, upon
the application of Connecticut for a ' review of the case respecting
Mystic and Pawcatuck.' [Rec. of U. Colonies. A part of the
original ininutes of the Commissioners, (with their signatures,) are
in 'Miscellanies,' Vol. 1. No. 88. See Hazzard, 2. 415.]
The General Court in May, had ordered letters to be sent to Mas-
sachusetts, ' to inform them that it is our desire and resolution to
bring the case respecting Mystic- and Pawcatuck, unto a review, or
second consideration, at the meeting of the Commissioners,' and ap-
pointed Major John Mason, 'to act in behalf of the Colony, in the
business.' (page 335, ante.) Accordingly, in September follow-
ing, Major Mason presented to the Comissioners the plea of Connec-
ticut, claiming right to exclusive jurisdiction 'by patent, conquest,
possession and allowance.' The Commissioners having ' duly
weighed and considered' the application, with the reply of the Com-
missioners of Massachusetts, and the ensuing replication and rejoin-
der, decided that they ' saw no cause to vary from the determination
given, in the last year.'
No. V. (p. 316.)
LETTER TO EASTHAMPTON.
[In ' Towns & Lands,' Vol. I. Doc. No. 8.]
Gen: & Lovinge Friends,
We havinge received your Letter and findinge recorded a Court
order of 1649, wherein y"" Court declared their acceptance of your
Tov/ne vnder this Government; a coppy whereof we have herewith
sent you ; and havinge received a full resignation of your Towne
vnder this goverraent, by your Agents, Life' Gardner etc: we shall
present y" same to our next Gen: Court for a further and .full con-
firmation thereof: And in y^ meane tyme did take y' case wh'''' was
presented from you into serious consideration ; and tbere hath passed
a legall tryall therevpon ; wherevpon, tho there did not appeare
sufficient evidence to proue her guilty yet we cannot but well ap-
APPENDIX. ^ 573
proue and commend the Christian care & prudence of those in Author-
ity with you, in searchinge mto y' case, accordinge to such just sus-
picion as appeared.
Also we thinlie good to certify y' it is desired & expected by this
Court, y'you should cary neighbourly & peaceably, without just of-
fence, to Jos: Garlick & his wife, & y' y^ should doe y" like to you.
And y= charge wee conceive & advise may be justly borne as fol-
loweth : 1. Y' Jos: Garlick should beare y' charge of his wives dyete
& ward at home, with y" charge of her tranceportation hither & re-
turne home ; 21y, y' your Towne should beare all theire owne
charges at home <& the charge of theire messengers & witnesses in
bringinge the case to tryall here & theire returne home ; the Court
beinge content to put y' charge of the tryall here, vpon y^ Coun-
try's account.
[The copy of this letter preserved on file, is believed to be in the hand writing of Gov. Win-
throp. It is not dated, but must have been written sometitiie in the spring of 1658. The ref-
erence to the case of Jos. Garlick and his wife is important, as furnishing evidence of the action
of the General Court upon the first case of witchcraft (an imported case, by the way.; brought
before them for trial, At a town meeting in Easthampton. Mar. 19th, 1657-8, it was " ordered,
and by a major vote of the inhibitanrs of this Towne agreed upon, that Thomas Baker and
John Hand [should] go into Keniticut for to bring us under their government according to the
terms as Southampton is ; and also to carry Goodwife Garlick, that she may be delivered up
unto the authorities there for the triall of the cause of Witchcraft which she is suspected."*
"This poor woman," says Mr. Gardiner, "had had a trial in Easthampton, for witchcraft, but
nothing was done. It was referred to the General Court at Hartford." The grounds of the ac-
cusation and further particulars of the case, may be seen in Woods, Thompson's, and Prime's
Histories of Long Island.]
No. VI. (p. 238.)
THE SETTLEMENT WITH MR. CULLICK.
Dr. Trumbull, referring to the final adjustments of accounts with
Capt. Cullick, remarks, that "it appeared that Mr. Cullick and the
heirs of Mr. Fenwick were indebted five hundred pounds sterling to
the colony, which had been paid them, more than what was due ac-
cording to the original agreements with Mr. Fenwick." (Hist, of
Conn. 1. 238.) This statement is not strictly correct, — as reference
to the terms of settlement, and to the previous action of the General
Court, will show. Mr. Cullick, (as the agent of his brother in law,
Mr. Fenwick, after the return of the latter to England,) had received
from the several towns their annual payment to the ' Fort rate,' stip-
ulated for in the agreement between Mr. F. and the colony, in 1644.
By one of the articles of this agreement, Mr. Fenwick had engaged
to secure to the Colony, ' if it came into his power,' the right of ju-
risdiction to the territory embraced in the Earl of Warwick's grant
to Lord Say & Sele and his associates. This engagement remaining
* See Gardiner's Notes on Easthampton &c. in Doc. Hist, of N. York, Vol. 1, page 683.
574 APPENDIX.
unfulfilled at the death of Mr. Fenwick, the General Court sought to
recover from his agent, a portion of the monies which had been paid,
as was alleged, without valid consideration. They therefore refused
to surrender Mr. Fenwick's estate, which by his will had been devi-
sed to his sister, (Mrs. Cullick,) or to grant administration thereon,
until an equitable settlement of accounts should be effected. By the
conditions of this settlement, Capt. Cullick compromised with the
colony, by the repayment of £500, and an acquittance of all claims
against the colony grjwing out of the agreement for the purchase of
the River : and the Court released the estate of Mr. Fenwick from
the restraint formerly imposed, and discharged Mr. and Mrs. Cullick
from all existing liabilities, ' so far and no further, as the estate be-
queathed to them had any reference to the agreement.' [See pages
318, 329, 338, 341, 345, 357 ; Petition of Mrs. Cullick, App. No.
XI; Agreement with Mr. Fenwick, App. No. III. The "repay-
ing of £500" of "the monies expended in our agreement with Mr.
Fenwick," is alluded to in the Instructions to Gov. Winthrop, App.
No. X.]
No. VII. (p. 341.)
GEORGE fenwick's WILL.
A certified copy of Mr. Fenwick's Will, (probably the same that
was exhibited to the General Court, October, 1659,) is preserved
in Vol. 1. of ' Private Controversies,' Doc. No. 9. The introduc-
tion is as follows :
" The councell which the Prophett gave to King Hezekiah, upon
ye Lord's message to him that hee should dye and not live, is season-
able for all, it being as true of all others as of him that they must dye
and not live, the truth of which is not more certain then y^ time un-
certain ; whereof by mercy being sensible, though att present in
good health, I make this my last Will and Testament, as followeth :"
First he gives to his " dearely beloved wife Katherine,"* the re-
mainder of his term of years in Worminghurst, in lieu of that part
of her jointure in Morton, (Co. of Durham,) which was yet in lease
for five or six years ; several articles of furniture and household
stuff, two suits of hangings ' one of Cassar, the other of Diana,' ' a
green embroidered bed,' & all the plate and pewter marked with
their arms ; all the pictures, and such books as she might choose to
take ; with the coach and horses, &c.
To his " most naturall and deare mother, Mrs. Dorothy Clave-
ing," an annuity of £10. during her life.
* Mr. Fenwick's first wife died before his return to England, and was buried at Saybrook.
The second was probably the daughter of Sir Arthur Haslerigge, (who is subsequently referred
to as the ' fatlier in law' of the testator.)
APPENDIX. 575
To his brother Claudius, and his heirs male, lands in Brenckborne
and Nether Frawlington, in Northumberland.
To his nephew Thomas Ledgard, and his heirs male, lands in
Thirston and Tillington, Northumberland.
To his sister Ledgard and his sister Cullick, each £50, and to
their husbands, £10 each : and to his sister Cullick's children, £100
a piece.
To his " niece Clifton," and to his " niece Bootflower's boy,"
each £50.
To his daughter Elizabeth, " the suit of Landscape hangings,"
and to his daughter Dorothy, "that of Susanna;" the remainder of
the household stuff to be divided between them. Elizabeth, he made
sole executrix of his will, and gave to her the remainder of his per-
sonal estate and chattels. A hundred pounds per annum to be paid
Dorothy, " out of [his] lease of the lands in Sussex."
To Ralph Fenwick; " now scholar of Christ Church in Oxford,"
£10 per annum, for six years.
To every servant 20 shillings, for each year they had been in
his service.
Lands in Sussex, which descended to his daughters from their
uncle Edward Apsley Esq, deceased, some houses in Hartshorne,
land in Middlesex, and some salt marsh in Kent, near Upchurch,
after the lease expired, his daughters were advised to divide equally
between them, Elizabeth, the elder, being allowed the first choice.
This will was executed Mar. 8th, 16.56-7, in presence of Robert
Leeues, Moses Fryer.
A codicil added, the next day, revokes £.50 per annum given his
daughter Dorothy, from the lands in Sussex; — and " all gifts of sum
or sums of money, by will, to Sister Cullick and her children," be-
queathing, in lieu thereof, " all lands, chattels, real & personal, that
are in New England, and my debts that are oweing there unto mee,
to bee divided amongst them and in such manner asy' her eldest sonne
may have a double portion ; and likewise, that out of itt may bee had
Jiue hundred pound, which I doe hereby give to y^ jmblique use of that
country of New England, if my loueing friend Mr. Edward Hopkins
think it fitt : And to bee imployed and used to that end as my said
loueing friend Mr. Edw. Hopkins shall order and direct."
To his " deare and loueing wife Katherine," £.500.
To his " loveing friend Mr. Robert Leeues," £20, to buy books;
and desires him to assist his executrix, in managing her estates in
Sussex, Middlesex and Kent.
To "Dame Eleanor Selby, of Barwick," £10; with the request
that his ' much honored good friend' would undertake the care and
education of his daughter Dorothy.
To his " deare friend and father in law Sir Arthur Haslerigge,"
and to each of his children ; to his "very good friend" his " cousin
Lawrence & his wife," and to his " cousin Strickland & his lady,"
" as the remembrance of an affectionate friend;" to his "dear &
good friend, Mr. Edward Hopkins, late warden of the Fleete ;" and
576 APPENDIX.
to his " father in law, Mr. Claveringe & to Thomas Burrell, Brinke-
barne" (Northumberland,) 40 shillings each, to buy rings :
To his " ancient acquaintance & dearely beloved friend, Sir
Thomas Widdrington," £5, for the same purpose.
To his good friend, " Aron Gourdon, Doctor of Phisick, £10.
To his " good friend Mr. Tempest Milner, Alderman of London,
and to his kinsman, Mr. Robert Key," £5, each.
£6 per annum, to Tristram Fenwicke, for life ; 40 shillings per
annum, to " Mrs. Ogle, of Leith, Scotland," and 20 shillings per
annum, to " Widdow Clarke, of Weldon," for life.
The codicil witnessed by John Stratford, Ro: Leeues and George
Hargripe.
The will was proved at London, and administration committed to
the executrix, his daughter Elizabeth, April 27th, 1657.
The copy is attested (for Thomas Walker,) by Rob Howard, Not.
Publique, Massachusets Col., Mar. 1st, 1658[9], from a former copy
certified by Leonard Browne, Not. Publique.
No. Vm. (p. 353.)
LETTER TO THE COMMISSIONERS OF THE XT. COLONIES, COMPLAINING OF
AFFRONTS RECEIVED FROM THE NARRAGANSETTS.
[Indians, Vol. I. Doc. No. 4.]
Hono"^ Gen*:
The former insolent and proud cariage aud manifold abuses that
o'' people in this Colony haue (as yo' Wors^^ vvel vnd'stand,) haue
sustained from the Vncircumcised Heathens round ab-mt vs, haue
bin noe small exercise to o"" spirits quietly, though not contentedly,
to beare. Yet hopeing after soe much paines taken by the Wor-
shipf Com""^ at y^ last sess" at Hartford, both by Messuages sent to
severall of them, and impositions and iniunctions vpon them, for
wroungs done, and y^ intimations of yo" minds in reference to such
carriages manifested and declared vnto them, that it might haue
prvayled to haue curbed their proud humors and in issue haue accom-
plished a peaceable correspondence in point [of] neighbourly car-
riage towards the English for y^ future. But all candidnes and clem-
ency towards these beastly minded and mannered Creatures seemes
rather to embolden them in (not only vnciuil and inhumane) but in
tendency to bloody practices ; for not many weeks now past, wee
are by sufficient information certified, that one night at y' New
Plantat" at Monheage, some Indians, (aswil appeare, oftheNarra-
gansets,) shott 11 Bullets into a house of o"" English there, in hopes,
as they boasted, to haue slaine him whome we haue cause to bono'',
whose safety we cannot but take o''selues bound to promote, o"" Dep-
uty Go:, Maior Mason ; as also, slew another at Rob' Layes, to y*
APPENDIX. 577
great affrightment and terror of Goodwife Lay. W"'' outrages, tho'
we cannot but iudge cals vnto vs to be awakened and to take some
speedy course for distributicn of justice to those y' haue thus carried
towards vs, in o", yet bearing due respect to o' neere vnion to and
confosderation with y' other Collonies, to whom o'' Hues and comforts
are (we hope,) p'cious, we thought meet to acquaint your Worsh^'
w"" the p'misses, desiring if it may be, some speedy redress of the
wroungs done vnto vs in this Collony, and provision for o' indemnity
and security, w"*" if yo' Worships, after yo"' serious consideration on
what hath now as an addition to former matters bene p'sented to yo'
WorshP', see not cause to stir or act on o' behalfe, we cannot but take
y' best advice y' God shall direct vs vnto what God requires and cals
for at o' hands, to provide for o' peoples safety, not onely in indeau-
ouring to discouer the guilty but alsoeto vsejust and lawful meanes
to p'vent such abuses and affronts for y future. C earnest desire is
that yo' WorshP' would be pleased to expedite a returne to o' Gou-
ernor Winthrop or Deputy Gouernor, Maior Mason, what your
WorsP' doe iudge in y" p'misses. We intreat you to consider how
incongruous and cross it would haue bin 20 yeares agoe to an English
spirit, to beare svch things as now we are forct to beare, or whether
y^ Indians would not haue exspected a visitation upon less occasions
then these that haue of late bene met with by several of ours. We
cannot but conceaue it is high time to renew vpon the memory of
these Pagans the obliterate memorials of y^ English. We desire not
vnnecessarily to enlarge, but rather refer yo' thoughts to a redupli-
cate animadversion on y' p'cedent lines ; hopeing for a speedy inti-
mation of yo' advice therin ; wherein we commend you to y° Infinite
Wisdom of y^ wond'full Counsellor, to guide and direct you ; and
subscribe, Gent:
Yo" in a ready discharge of relatiue
obligations.
The p'misses ordered to be sent to ye Com" of y^ other Collonies,
June 9^ '60.
[The copy of this letter, preserved on file, is in the handwriting of the Secretary, Mr. Clark.
The Comtnissioners, at their next meeting, (Sept 6- 17th, 1660J upon consideration of the
premises, and of similar complaints preferred by the English residents of the new plantation at
Mohegan, resolved " to require and force the ^arrogansetts to a just satisfaction ;" and for that
end, commissioned Capt Geo. Denison, Thomas Stanton, Thomas .Mynor and other.s to repair to
Ninigretand the .Narraganset sachems and require of them the punishment of the offenders and
full reparation of injuries done to the English ; that "at lea^t foure of the chiefs of them that
shot into the English house at Monhegin should be proceeded with and punished, according to
justice : and in rase they cannot be drawn thereunto." that five hundred fathoms of wampum
should he exacted, in ex|iiation of the ofl^ence; and that speedy payment should be made of a
quantity of wampum, which the Commissioners, the year before, had required of the Narragan-
sets, " for insolencies comitfed at Mr. Brewster's, in killing an Indian servant at Mrs. Brewster's
feet, to her great affrightment, and stealing corne, and other affronts." [Rec. of Coinm'rs ; in
Hazzard. ii. 433.]
The General Court, in October following, (p. 3.5.5, ante,) allowed the Narragansets " two months
longer than the time agreed on. according to their desire, to bring in the wampum that they are
assessed hy the Commissioners to pay to this Jurisdiction." The payment appears to have been
made notions afterwards, — as, at the next session of the Court, in March, 1661, it was or-
dered that "the wampum that the Commissioners ordered to be paid to Mr. Brewster, shall be
delivered unto him out of that which came from Narragansett." (p. 362.) ]
50
578 APPENDIX.
No. IX. (p. 374.)
LETTERS FROM MR. GOODWIN, RESPECTING GOV. HOPKINS' LEGACY.
[Colleges & Schools, Vol. L Doc. Nos. 2 & 3.]
To y° Honored Courte that is to be held at Hartford, in March
next following y^ date heerofe.
Much Honored,
We receaued wrytings from you, sygned by y° Secretary, wherein
you desire y^ trustees to appointe a tyme & place to meete with a
Comittee which you haue chosen to treate with them, and to put a
fynall issue to y° busines respecting y' Legacy. I am desired in y*
name of all y° trustees, to informe y^ Courte, y' we cannot entertaine
y* motion, both for y' we are not able to vndertake such travell, nor
do we see any vse at all of it (if we were able ;) for we haue ordered
Three hundred & fifty pownds, sett out of Mr. Hopkins estate com-
mitted to our trust, to be alowed to Hartford, vpon these conditions
& termes following :
(1.) That it be by them improued, according to y* minde of y'
donor, exprest in his will. (2.) That y' Court do also engage to
remooue all obstructions out of our way, that we may not be dis-
turbed, nor any way hindred, from, by, or vnder them, in y' man-
agem' of y' rest of y' estate, according to o' trust : that so loue &
peace may be settled & established between vs. (3.) That you
will deliuer us back y° attested coppy of y' Will sent vs from Eng-
land, or els a true Coppy of it, vnder y^ Seale of y' CoUony.
Now if it please the Honored Courte (or there Committy) to accept
of this Tendry of 350L., as is abouesaid, and shall deliuer vnto vs,
or to our atturnies, an instrum' drawne vp in wryting, & sealed with
y' Seale of y^ Collony, whearin all y' conditions of y° Tendry aboue-
said shalbe fully & plainly exprest and confirmed by the Courte as
abouesaide, before y'^ last of March next ensueing y' date heerofe,
that then this grante of 350L. to Hartford, as abouesaid, shalbe set-
tled vpon them, to be improued by them, according as is exprest in
y' will of the doner. But if y' Courte do not fully & plainely de-
clare ther acceptance, according as is aboue exprest, then we heerby
declare our grante to them beer inserted to be a nullyty &, voyde ;
and thus I humbly take leave of you,
Subscribing myselfe, yo' Worshipps'
Hadley, February in all due observance,
24th, 1661. Will: Goodwin, in y' name of
y^ rest of y' Trustees.
[The General Court did not, at this time, decide to accept [the conditions imposed by the
Trustees ; and the order of Feb. 23d, 1659-60, (p. 345,) "that the estate of Mr. Hopkins should
be secured within this Colony until the said estates be inventoried, and the inventories presented,
and administration granted by this Court," remained in force. Oct. 8th, 1663. Gov. Winthrop,
Mr. -AUyn, Mr. Willys & Capt. Taicott, were appointed by the General Court, " to consider what
is meet to be attended in reffrance to Jlr. Hopkins estate by him bequeathed for to be Improved
APPENDIX. 579
for the promoting of learning, and to make report of their thoughts the next Court." (p. 412.)
The following letter appears to have been written in reply to some communication addressed by
this Committee to the Trustees. At the next session of the General Court after its receipt,
(Mar. 10th, 1663-4,) the restraint laid upon Mr. Hopltins' estate was removed, and administra-
tion seems to have been surrendered to the Trustees.]
To the Honoured Court at Hartford.
Much Honoured,
Yours of Novemb: 16, 1663, I received, and not to trouble you
with my answer unto your severall motives to induce us to be of
youre minde, my finall returne to all is this, That as I haue noe cause,
soe I doe in noe sort consent to that w^hich you were pleased to move
me unto, but doe desire that your selves would returne the estate
unto us, who only haue right to dispose therof, with due satisfaction
for all damage that shall appeare to be done unto it, since it hath
been taken out of our hands ; which being timely performed, I doubt
not but the three hundred and fifty pound tendred unto you in Feb:
1661, may yet be setled upon Hartford, on such like conditions as be
therein expressd, tending to the securing of the estate from any far-
ther obstructions by your means, and ordering of the improvment of
it according to the Doners end, expressed in his will, as our duty
bindeth us to doe. Now herunto I doe humbly desire the Honoured
Court speedily and plainly to declare themselves to me (or to our
Attourneys) whither they doe now accept of this tendery or noe, with-
out any farther agitations about the disposall of it, which hath al-
ready been a great wrong to the estate and Doner therof, as also to
us, the Trustees, and whole Country besids ; the which if you shall
decline to doe betwixt this and the end of March next ensueing the
date hereof, this tendery also is to be judged a nullity, and we shall
forthwith endeavour the freeing of the estate elsewhere, as the great
betrustment committed to us, in all respects considered, in duty bind-
eth us to doe thus. Hoping and heartily wishing that you would ac-
cept of my motion, though I cannot accept of yours, I rest,
Hadley, Feb: 1st, 63. Yours to love & serve you as I may,
Will: Goodwin.
No. X. (p. 370.)
THE CHARTER OF 1662.
[For. Correspondence, VoL II. Noa. 1-3.]
Instructions for c Wor^^ Gou'', Agent for and in behalf of the
Generall Court at Conecf^, both for p^senting o^ Address and Peti-
tion to y Kings Matie, and also for procureing a Patient for this
Colony.
Imp'': For advice and counsell, it is desired that you would be
pleased to address vnto these noble and gentlemen, The Right Hon-
580 APPENDIX.
erable Lord Sea,* Earle of Manchester, Lord Brooke, and alsoe
Mr. Nathan" Fines, Mr. Sam" Peck, Doct of Phisick, and Mr.
Floid, of y^ Corporation ; vnto whose advice and counsell the Com-
ittee doth refer you, according to y° ord" of y^ Generall Court, to act
or to desist.
2d. It is desired that you would be pleased to vse all due meanes
to procure a Coppy of the Pattent referring to these parts, granted
vnto those Nobles and Gent: whom Mr. Fenwick did represent in
his act of sale to this Collony. And in case the Coppy of this Pat-
tent can by noe meanes vsed be obteined, then you are desired to
advise w"' y° Counsell forementioned, what to doe in reference to y'
heires of Mr. Fenwick for y^ regaining such sums as haue bine dis-
bursed for y^ purchase of Jurisdiction Right.
And in case the forementioned Pattent can be procured, our de-
sire is, that you would be pleased to consid' both what privilidges,
rights and imunities are therein granted, and to compare it w"" y*
Coppy of y' Bay Pattent ; and what is conduceable in both to y*
welbeing and future comfoi't of this Colony, our desire is may be
inserted and comp'^hended in the Pattent granted and confirmed to
this Colony. [But in case vpon rep'sentation of our Purchase and
moneyes expended vpon it, the heires of Mr. Fenwick, or any other
y° Pattentees, doe tender the confirmation of the Pattent, (y' we con-
ceiue we bought,) we shal rest satisfied w"" that Pattent, provided it
may be compleated and y° confirmation finished w%ut further ex-
pense to this Colony.
But in case a Pattent be yet to be procured for the Collony, our
desire is, that it may comp'"hend al y^ rights, privilidges, authority
and imunities that are granted in y' Massachuset Colonyes Pattent.
And that, respecting the Pattent, it may be granted and confirmed
to severall Pattentees, together with theire Associates and such [as]
may be adioyned to them, their heires and successors, for euer.
The Extent of y^ bounds to bee ; from y" limits or bounds of y^
Massachuset and Plimouth, vnto y" Delliway Riuer south, or as far
as may be be granted that way. And that, respecting the quallifi-
cat: of such as may be added as Freemen to this Company of Pat-
tentees and associates, who only shall haue power to choose any
officers that are requisite and necessary to carry on the Affaires of
the Colony —
Those who are desired to be Patentees are the p'sent Gouernour,
Dep: Gouernour, Mr. Henry Clark, Mr Sam" Willis, Mr. Mathew
* Lord Say & Sele, whn had done much to promote the restoration of Charles II, was.
shortly after the king's return, made Lord Privy Seal. In a letter to Gov. Winthrop, (printed
in Appendix to Trumbull's Hist, of Conn. No. IX,) he professes himself desirous of doing
his good friends in New England, the best service he could, and regrets that the state of his
health was such as to prevent his going to London, in person, to aid in procuring the charter ;
but informs Gov. W. that he had written to the Earl of Manchester (at that time Lord Cham-
berlain of the household,) '• to give the best assistance he may." Lord Say & Sele died April
14th, 1662. His son, Nathaniel Fiennes (Fines,) had been one of the Commissioners of
the great seal, under the Parliament, and subsequently, a member of Cromwell's privy
council and lord privy seal. After the restoration, he retired to his estates in Wiltshire, where
he died Dec. 16th, 1669. (Wood's Ath. Oxon. U. 454,) The Lord Brooke, here mentioned,
was Robert, son of Robert (second Lord Brooke,) one of the original proprietors of Connec-
ticut, under ' the old Patent', or the Earl of Warwick's grant.
APPENDIX. 581
Allyn, Mr. Richard Treat, Mr. William Phelps, Nathan Gold,
together w"' their Associates hereafter named, M'' John Warham,
Sam" Stone, John Whiting, Sam" Hooker, James Fitch, Rich: Lord,
Henry Woolcot, John Steele, Edvv: Stebbin, John Talcot, Beniamin
JMubery, Dan" Clarke, Mathew Campfield, Will"' Wadsworth, John
Hawley, John Allyn.]*
The p' sons whom we desire to be nominated in y^ Pattent, to whom
it should be granted and confirmed are, John Winthrop EsqS and
Maior John Mason Esq', Sam" Willis, Henry Clark, Math: Allyn,
William Phelps, Richard Treat, Nathan Gould, John Talcot, Dan-
iell Clark, John Deming Sen', Anthony Howkins, Robert Warner,
John Clark Sen', Robert Royce, Phillip Groues, Jehu Burr, Mathew
Campfield ; to them and their Associates and successors.
The Bounds y' we doe p'sent to be inserted in o' Pattent, if it may
be obtained, are, eastward to Plimouth line, northward to y' limits of
y' Massathusets CoUony, and westward to y" Bay of Delloway, if it
may bee.f
And respecting liberties and privilidges inserted in the Pattent,
not to be inferiour or short to what is granted to y° Massachuset.
And respecting Customes, that if it may be obtained, we, in re-
gard of our meane and low condition, may be freed for w' may be
exported from hence to England, and from thence to vs, for y' space
of 21 yeares or as long as can be procured.
And also y' y' Islands adjacent, y' are not already granted to any
other, may be included in o' Patent.
And likewise respecting the moneyes expended by o'^ agreement
"w"" Mr. Fenwick, to take y' best advice you can meet w"* from the
Noblemen mentioned or others whom you think meet to address vnto,
what is requisite to bee done for to regaine y' money if it may bee ;
declareing, as cause requires, the repaying of SOOiS.it:
Our desire is, that if it can be procured there may be a resolu-
tion of y' p'ticuler in y^ Bay Pattent, where they are to begin to run
their line twixt themselves and vs.
We desire as oppertunity tenders itself, that there may be a dec-
laration of the carriage of Capt. Femes, both respecting Hai'tford
shipp taken by Rupert and Femes, as also his stealing away the
Indians.
Respecting the Dutch, we desire that his Ma"* may be informed
of their setling upon the Maine, and stil incroaching vpon the English.
*The whole of the portion here included in brackets, (from "But in case," &c., on the
preceding page,) Is, in the original draught, marked across, with lines, — and what follows ap-
pears to have been substituted on a subsequent revision.
t Next follow three lines, which were afterwards partially erased, by lines drawn across
them ; " But if it cannot be granted that the bounds may extend at least to Hudsons Riuer, we
doe not judge it requisite to expend money vpon a Pattent."
J By Capt. Cullick, as Mr. Fenwick's executor. See pages, 329, 573, ante.
50
*
582 APPENDIX.
[The Address to the King.*]
Most Dread Soveraigne,
It was far from our purpose to be of the latest of yo' Ma"" sub-
iects, in these o"' humble aproaches vnto yo"" Royal p''sence. We
are not only seperated by soe vast an Ocean from our deare Eng-
lish Brethren that [have a] place vnder y^ immediate influence and
splendor of soe great a Monarch, in y' princely Pallace of his re-
nowned imperial Civy, the glory of y^ wiiole earth, but also, by a
lone tract of a dismal! wild''ness, are very remote from o' other Eng-
lish Americans of y° parts of y^ ordnary recourse of shipping ;
wherby we were depriued by the too soone approaching Winter,
together with some other impediments, of the timely effecting of y'
which was long since concluded o"' duty and desire, namely to pros-
trate o''selues by an humble Address at our soueraigne Princes feet.
Our Fathers & some few yet aliue of their associates in so great
an vnd'^taking, of transporting themselues, their wiues and children,
into this westerne world, had certainly very pious and publique ends,
the propagation of the blessed Gosple of the Lord Jesus amongst
the Heathen, who til then had neuer heard the sound thereof, as
also the the honour and further extent of the British monarchy ;
And thervpon came ouer, vpon the full and free consent, allowance
and spetial fauour of his Highnes, our euer lamented late Soveraigne
Lord, your Royal father of glorious memory, expressly declared in
his gratious L'" Pattents granted to y" vndertakers of y° Plantation
of y" Massachusets Bay, in New England. In y' part of the Coun-
trey, neer the port of their first arrival they setled for a time, till
vpon experience they found that place would be too streight for soe
great a number if they should continue all there long together.
They therfore vndertooke a troublesome, hazardous and chargeable
discouery of the more inland parts of y'' Countrey ; where comeing
to y' great faire Riuer of Conecticut, haueing opertunity by the free
tender of y" sale of some larg tracts of lands fit for y' setling of
diuers Plantations or Townes, profered unto them by y^ Sachems or
Heathen Princes and with y' concurrence of y' other natiues vnd^
them, the then proprietors of those places, they thought it very con-
venient to purchase those lands of them who appeared to be the
owners and possessors of y^ same ; which could not but tend to y*
enlargment of his Ma"'' Dominions, and be a good step towards y°
yet further extent thereof, and y' benefit of y'' English people.
And therevpon transplanted themselues and vs to this place, where
we were but now in a manner vpon our very beginnings of takeing
possession and inhabiung y" places w"^ we had brought at noe smal
expences, when those sad and vnhappy times of troubles and wars
begun in England, which we could only bewaile w"' sighes and
* Dr. Trumbull seems to have overlooked tliis document, and to have confounded the Mddress
and Petition. He speaks of the latter as having been presented by the Governor to the Court,
in May. (H. of Conn. I. 240.) It will be seen, on reference to the Records, that the Address
was ' drawen vp and formed and presented' by Governor Winthrop to the Court, and referred by
them to a Committee, subsequently appointed, 'to peruse and compleat the Address and draw vp
the Petition.' (page 367, ante.)
APPENDIX. 583
mournfull teares: And haue euer since hid our selues behind the
Mountains, in this desolate desert, as a people forsaken, choosing
rather to sit solitary and wait only vpon the Divine Providence for
protection than to apply ourselves to any of those many changes of
powers, o'' hearts as wel as o"' stations stil remaining free from illegal
ingagements and intire to yo' Ma"" intrests, euen now at y' returne
of o"' Lord y' King to his Crowne and dignities. The beames of
whose soveraignty (like y' admired star y' appeared at nooneday at
his happy nativity,) haue filled the worlds hemisphere and appeared
also ouer y' great deeps in this our Horizon ; wherby we are newly
animated and incouraged to take vpon vs this boldnes to implore
your Ma'"' fauour and gratious protection, y' you would be pleased
to accept this Collony, your owne Colony, a little branch of yo""
mighty Empire; y' as we haue hitherto (by y' great goodnes of y^
Almighty,) since y^ ouerpassed difficulties and hardships of our
beginnings, enioyed peace and prosperous proceedings, we might
yet be made more happy in y" fruition and continuance of y^ same,
through yo' Ma"^' goodnes and bounty in granting o' humble Peti-
tion, when we shall haue liberty to p''sent y" same by a person here-
with sent from amongst vs, to attend yo' highnes pleasure, that ther-
by you may haue a more ful account of whateuer concernes yc
poor Pilgrims here.
That we p'' sumed publiquely and solemnely to proclaime and de-
clare for yo'' Ma'" here, before we had a forme and express order
for y^ same, we humbly craue yo' gratious pardon. The expecta-
tion of y' Royall Comand therein, caused vs a while to defer, but not
receaueing it by y' ships before winter, it made vs thus presume
vpon yo"^ fauourable acceptance of o'' publisheing to y° world o" true
allegiance to o' Lord the King.
Most illustrious S', be please to excuse o' poverty, that haue
nothing to p''sent yc Ma''" from this WiWnes but o'' hearts and loyall
affections, w'^'' stir vs vp to supplicate y' Eternall Ma'", the King
of Heauen and Earth, for all happiness and blessings both temporall
and spirituall to be plentifully and abundantly powred downe from
Heauen vpon yo" Royal Throne, that soe we therby, together w"' all
those numberles members of yo"' Ma'"^ subjects, may liue vnder yo"
protection a quiet and peaceable life in all Godlines and honesty.
With all humble acknowledgm' of o" Loyalty, real and due sub-
iection and allegiance to yo" Ma'", we craue leaue in all submission
to subscribe o^selues,
Yo" Ma"" most faythful and loyall
subiects & servants.
[Letter to the Earl of Manchester. 1
[The draught of this letter preserved on file, is without address. There can, however, be no
doubt that it was designed for the Earl of Manchester, to whom Gov. Winthrop had been referred
for 'advice and counsel' ; whose 'gracious inclination, and spirit towards the sons of Zion' were
well known to the petitioners ; and whose position and influence were such as to make it
highly important to the Colony to secure his good offices in their behalf. Tiie Earl of Man-
584 APPENDIX.
Chester had heartily concurred in the restoration of Charles II, and on the King's return was
received into especial favor, made a lord of the bed chamber, and of the privy council, knight
of the garter, lord lieutenant of Huntingdonshire, and subsequently, lord chamberlain of the
household ; " in which great charge he behaved himself with that honour, candour and great
civility, as he justly obtained the affection and respect of all men." (Walker's H. of Kts.of the
Garter.) He died May 5th, 1671, a;t. 69,]
Right Ho"':
O'' p'"sent station and condition being by the wise step-ordering
Providence of y^ Almighty setled in this remote wild''ness, Strang's
in a strange land, far distant from such opertunities that might be
advantagious to vs and o'' posterity in a familiar access by o'selues
or rep'^sentatiues vnto his Highnes o'' gratious Soveraigne, for y^ ob-
tayneing such fauours as may tend to o'' safety and settlement, we
are necessitated to embrace opertunities to implore the aid and
countenance of such as y^ Lord may stir vp to be fauourers of the
work of God amongst vs. And the abundance and plenary test, y'
we haue soe frequently bene furnished w"', not only respecting y®
gratious inclination and disposition of yo'' Honours spirit towards
the sons of Sion, but also doth not a little incourage vs in o"' owne
behalf and as rep'senting the whole Colony, humbly to p''sent o' de-
sires and earnest requests vnto yo' Lordship, to afford vs yo"^ fauour
in countenancing and vshering into y® Kings Ma"" audience o'' Ad-
dress and Petition, if yo"' Honour judge it seasonable ; and o" further
request is that we may obtaine yo' counsell and advice to o' Agent,
in such p'ticulers as may be by him p'sented to yo' Honours consid-
eration, either respecting monies disbursed by this Colony to Mr.
Fenwick for Jurisdiction Power etc., and also respecting the obtain-
ing of a Pattent for this Colony. For although y« Honerable Com-
mittee of Lords and Commons did owne this a distinct Colony, and
soe we haue euer stood since our begin: in administracon and con-
faederation w"' o' Brethren of y' Massachuset, yet we want a Pattent
to secure o' standing and to confirme o' privilidges, and to strengthen
vs against such as may oppose o' p'sent intrests in civil polecy.
Honerable Sir, wee can thus far excuse o' boldnes in p'senting o'
humble requests at this time to yo'self, together w"" some others of
noble quallity, whose intercession if we can obtaine we hope wilbe
of great availe on o' behalfe. The great disappointment y' we meet
w''' about an Agreem' y' was made by this Colony w"" y" foremen-
tioned Mr. Fenwick, doth necessitate vs thervnto. We disbursed a
considerable sum of estate, to ys value of 1600Z., vnto Mr. Fenwick.
He p'tending power and authority, as a Pattentee, ouer y° Riuer and
the lands adjacent, when he intended to returne to England, pro-
pounded to this Court at Conecticut, the sale of Sea Brook Fort, w""
ye lands vpon y^ Riuer and other lands more remote ; w°^, if refused
by y^ Colo: or Court, he would (as it was reported, frequently,)
otherwise dispose of, either by imposeing taxes, customes etc., or else
(as was feared,) sell it to y^ Dutch, w*"'' as was conceaued would
haue bene very destructiue to o' comforts, occasioning broyles and
contests twixt them and vs. We therfore, conceaueing it would
tend to o"^ peace and settlement, were willing to attend his proposi-
tions ; and out of desires to lay a good foundation of enioying the
APPENDIX. 585
advantage both of Civil and Ecclesiastick rights, privilidges and
imunities, for ©""selues and posterities, vnder y' shadow of Patent
Right, (by vertue whereof, he p''tended, and could haue noe other
way, power or authority to make sale vnto vs of w' he agreed to
confirme vnto this Jurisdiction,) we willingly disbursed (tho' much
disabled, by reason of o' meanes and pouerty,) the sum foremen-
tioned ; w"'' tho' it hath much oppressed vs, yet could we but haue
enioyed what we expected, it would haue satisfied ; but now we see
(yselues as naked as before, haueing neither Pattent or Coppy of it,
nor ought elce y' may ensure vs of future continuance of o"^ p'sent
piivilidges. And therfore are necessitated from several other res-
pects, to lay out o'selues, and to improue all the interest y' we can
raise in c natiue soyle, for obtaineing reliefe in this o' state and con-
dition, w '' humane frailty hath in a great measure cast vs into.
Had we not bene too credulous and confident of y' goodnes and faith-
fulnes of that Gent: we might possibly haue bin at a better pass.
But we shal craue leaue to refer further enlargm' to o' Agent, only
reduplicating o"' earnest request that yo"' Hon"" would be pleased to
afford vs the great fauour of yo' aduice and counsell, as need re-
quires, and occasion offers itself.
If this poor people may find such acceptance, and o' request such
entertainment, w"" yo^self, as that throw yo' Hon'' help and media-
tion we may find grace and audience w*'' o' Gratious Soueraigne, we
shall therby be refreshed, as w"* the sweet smiles of o"^ father, and
be excited to returne the tribute of daily prayer for yc Lordships
prosperity ; and humbly subscribe, &c.
No. XI. (p. 404.)
MES. CULLICk's petition, TO THE GENERAL COURT, IN MAY, 1663.
[Towns & Lands, Vol, I. No. 68.]
To the Hon'd Generall Court of Connecticott Jvrisdiction, now
assembled, the humble petition of Elizabeth Cullicke, relict to
Captayne John 'CuUick, deceased,
Humbly sheweth :
That whereas there weare entred into (by yo" Petitioner's hus-
band,) certayne obligations for the makeing of paym' the sum of fine
hundred pownds vnto this hono'd Co't, according to the tymes speci-
fyed in the twoe obligations given for the same, together w^'' the
paym' of interest in case of falure in poynt of tyme, one of w'='" obli-
gations hath beene satisfyed & taken vp, & the other in p't satisfyed,
viz : one hundred pounds, foure shillings, tenpence, being payde, so
that there remaynes one hundred fourty & nine pounds, fiftene shil-
lings, twoe pence, by the sayd obligation, for yo' petitioner to pay, as
executrix vnto her late husband. And forasmuch that the grownd
of those obligations given by yo' petitioner's husband, was vpon the
apprehention that there had beene a lotall falu' in tho brother of
586 APPENDIX.
yo' petitioner, George Fenwicke Esq', respecting his procuring of a
Pattent for the Collony, since which it hath appeared that there was
a mistake therin, for that there was found w'^'" the Executor of Mr.
Edward Hopkins some such writing, w"** was delivered to the Hon'd
John Winthrop Esq", Governor and Agent for the Collony, whereby
he was advantaged in the soliciting the Kyngs most excellent Ma-
jesty for, and in the procuring of, those Letters Pattent now ob-
tayned, —
Wherefore yo"" Petitioner doth pray this Hono''d Gen'rall Co''t, that
they will please to accept of what hath beene already payde ; and
that you would remit the one hundred fourty nine pounds, fiftene
shillings twoe pence, by obligation remaineing ; which wilbe an ac-
ceptable clemency before the Lord towards yo"" petitioner, and noe
stratening to the Treasury of this Hono''d Court. And yo" petitioner
shal pray.
Elizabeth Cullick.
[The petitioner was Mr. Fenwick's sister, and married Capt. John Cnllick, May 20th, 1648.
This document is of historical interest, as exhibiting the nature of the settlement with
Capt. Cullick, and as an admission of the fact (elsewhere sufficiently established, but which
our historians have very generally lost sight of,) that no transfer of jurisdiction right or
assignment of the Earl of Warwick's grant, was ever made by Mr. Fenwick to the Colony, —
the latter not being in possession even of a coprj of the '' old Patent" until after Gov. Winthrop's
return from England, where he had procured from Mr. Dalley, the executor of Mr. Hopkins, a
copy found among that gentleman's papers after his death. This copy, the writer has been so
fortunate as to discover among the old files in the State Department, and satisfactorily to
identify. It is informal, having no certificate of authentication ; but at the top of the first page
is written, in the hand writing (as believed,) of Gov. Winthrop. " The copye of the Patent for
Connecticutt, being the copy of that copy wchwas shewed to the people here by Mr. Oeorge Fenwick.
Found amongst Mr. Hopkins' papers." A copy of this document made by Capt. John Talcot,
not long after Gov. Winthrop's return, and attested as " Vera Copia of that copy which was in
Mr. Hopkins his custody ;'" — with a subsequent copy made from this latter, by Secretary AUyn, —
have been often referred to and cited. The omission of two or three words, and some other
slight errors, made by Capt. Talcot, have been closely followed by every subsequent transcriber,
whence it appears tliat the copy " which was in Mr. Hopkins' custody" has hitherto escaped
observation.]
No. XIL (p. 441.)
THE UNION.
The correspondence between the General Courts of the two colo-
nies, the committees appointed by each, orders of the Council, and
such other documents relating to the union, as have been preserved
on file in the State Department of Connecticut, are to be found in the
first volume of " Miscellaneous" papers, Nos. 67 to 87. The pro-
posed limits of this volume not admitting of their insertion here, (sev-
eral of them, especially, " New Haven's Case stated," and the reply
of Connecticut, being of great length,) a list is subjoined, for the
purpose of facilitating reference.
[Doc. No. 67.] A letter from the Committee of the General
Court, appointed at the October session, 1662, " To our much Hon-
ored and Reverend Friends of New Haven, Milford, &c. to be com-
municated to all whom it may concern."
APPENDIX, 587
Announcing the receipt of the Charter, (a copy of which accom-
panied the letter,) and expressing the desire of the General Court
for *' a happy and comfortable union" between the two colonies ;
" that inconveniences and dangers may be prevented, and peace and
truth strengthened and established, through our suitable subjection
to the terms of the Patent, and the good blessings of God upon us."
Without date, — but written between Oct. 9th and 17th, 1662.
[No. 68.] Letter from the New Haven, in reply to the forego-
ing, dated Oct. 17th, 1662.
The Committee do not find the Colony of New Haven to be ex-
pressly included in the Patent, (a copy of which had been read to
them,) but ' to shew [their] desire that matters may be issued in the
conserving of peace and amity, with righteousness,' they promise to
communicate the copy of the Patent and the letter of the Committee
to the freemen of the colony, & with all convenient speed, return
their answer. They wish the issuing of the matter deferred until
they have opportunity of receiving fuller information from Gov. Win-
throp (who had not yet returned,) "or satisfaction otherwise," — the
Colony of N. Haven to remain meanwhile " distinct, entire and unin-
terrupted." Signed by Gov. Leete, Mathew Gilbert, Benjamin Fenn,
Jasper Crane, Robert Treat, Wm. Jones, and Rev. Messrs. Daven-
port, Steele, Pierson and Newton. [Copies of these two letters are
in Trumbull's H. of Conn., 1. 252.]
[No. 69.] " Some proposals to the Gentlemen of N. Haven &c.,
in reference to their firm settlement and incorporation with us of
Connecticutt."
By the Committee appointed by the General Court, Mar. 11th,
1663, (see page 396, a7ite,) to treat with New Haven. These pro-
posals are in the hand writing of Mr. Allyn, who was one of the
Committee. Dated, New Haven, Mar. 20th, 1662-3.
[No 70.] Reply of the New Haven Committee (by Gov. Leete,)
to the propositions of Connecticut. March 20th, 1662-3.
" Our answer in general is, that we are not in a capacity" to
" conclude the matter, at this present meeting." 1st. Because hav-
ing appealed to the king, they were unwilling to proceed further,
*' until his Royal determination be known, in the question depend-
ing between us." 2d. Because the consent of the other confederate
colonies must be first obtained. 3d. Because they were prohibited
by the freemen from " concluding any thing for altering their dis-
tinct colony state and government, without their consent." They
promise, however, to consider further of the propositions and com-
municate them to the Freemen. They complain that Stamford is
not named in the propositions of Conecticut, " as if it were no mem-
ber of vs," and profess themselves ' unsatisfied with that omission.'
[No. 71.] Queries proposed by the N. Haven Committee,
*' to the Honored Committee from the General Assembly of Con-
necticut, Mr. Willis, Mr. Clark & Mr. Allyn." Aug. 26th, 1663.
588 APPENDIX.
For the appointment of, and instructions to, the Connecticut Com-
mittee, see page 407, ante. The propositions made in March, were
now repeated, (as appears by an endorsement of Mr. Allyn's thereon,
dated Aug. 26th;) and this gave occasion for the committee of N.
Haven to propound certain inquiries, " in order to a friendly treaty,
and amicable composure of matters in difference ;" with the express
stipulation, however, that no treaty shall be binding without the as-
sent of their General Court of Freemen, and of the confederate
Colonies.
[No. 72.] Reply of the Connecticut Committee to the foregoing;
Aug. 27th, 1663.
They " declare the propensity and readiness of their spirits fully
and finally to obliterate the memorial of all former occasions admin-
istered to us as matters of grievance or offence respecting any of
you," referring especially to alleged grounds of offence given to
New Haven, by proceedings at Stamford and Guilford. The que-
ries proposed by N. Haven, are replied to, in order, and at considera-
ble length.
[No. 73.] "At a meeting of the Council of y' Colony of Conecti-
cut the 28th of December, 1663.
The Council did nominate & appoynt Mr. Willys, John Allyn &
Mr. Wayt Winthrope to goe to Guilford, and treat w"" Mr. Leet (and
any others whom Mr. Leet shall desire to joyne w'*" himselfe) about
indemnitie of the persons and estates of those whoe haue actually
joyned to o'' Gouernment according to these following instructions.
Extracted out of the records of y*" Council, p' me
Mr. James Richards is John Allyn, Secrefy.
desired to attend y' seruice also."
Following this, is a certified copy of the " instructions for y° afore-
sayd Committee :"
1. If Mr. Leete will give security (by his word,) for the indemnity
of the aforesaid persons, the Committee were to propose terms of
union. But if not,
2. They were to appoint a meeting at Middletown, for concluding
a treaty with New Haven and the rest.
3. If neither proposition were acceded to, then to forbid all pro-
ceedings against those persons who had united themselves to the
government of Connecticut ; and to administer an oath to a Con-
stable.
[No. 75.] A note from the Committee to Mr. Leete, requesting a
meeting at Guilford. Dated Dec. 30th, 1663.
[No. 74.] A brief reply from Gov. Leete, (of the same date,)
refierring the Committee to some former communication, which was
' in earnest,' and ' from which he cannot recede.'
[No. 76.] Extract from Records of Council, of the appointment
of another Committee to treat with N. Haven, (Feb. 6th, 1663-4,)
APPENDIX. 589
who are instructed to tender to New Haven the enjoyment of all
privileges not repugnant to the tenor of the Charter. If these terms
are not acceded to, the Committee are " ordered to read the Charter
at a public meeting, if they can attayne it, and to declare that we
expect their submission to his Majesties order therein conteined," &c.
[No. 78.] A letter from the New Haven committee, (Feb. 24th,
1663-4,) requiring, as a preliminary to further treaty, that Connecti-
cut should " redintegrate the Colony, by restoring our members at
Stamford and Guilford."
[No. 77.] Reply of Connecticut committee, — agreeing, in order
" to preuent divisions," that " divers persons of Guilford and Stam-
ford" " be ordered to submit to the same authority with their neigh-
bours in these places :" and making further propositions for union.
Same date, with preceding.
[No. 79.] Feb. 25th. The New Haven committee inquire if
the concession (as to Stamford & Guilford,) is " an authentic act,"
unless confirmed by the General Court of Connecticut. On which,
Mr. AUyn, for the Connecticut Committee, endorses an assurance
that, " we are ready to make authentick what we have proposed to
you."
[No. 80.] " New Haven's Case stated." Mar. 9th, 1663-4.
" From the Committee, By order of the General Court of New Ha-
ven Colony. James Bishop, Secretary." The New Haven Court,
Jan. 7th, 1663-4, desired " Mr. Davenport and Mr. Street to draw up
in writing all our grievances, and then, with the approbation of as
many of the committee as could come together, to send it to Connecti-
cut, unto their General Assembly, — which accordingly was done in
March next." (N. Haven Rec.) A brief abstract of this document,
is given by Dr. Trumbull, (Hist, of Conn., i. 264,) and a part
of it, (three of the seven pages of the original,) has been published
by Dr. Bacon, in the Appendix to his Historical Discourses, pp. 359-
365. Dr. B. had been informed that " the original is not found,
among the archives of the State, at Hartford," and supposed the par-
tial transcript, upon the New Haven Records, to be all that had
been preserved.
[No. 81.] Reply of Connecticut ; (seven pages, in hand writing
of Mr. Allyn;) Mar. 1663-4.
[Nos. 82-84.] Petitions of Bray Rosseter, (Mar. 19th,' & May
20th, 1664,) and of sundry inhabitants of Guilford, (Mar. 29th,)
asking protection and support from the General Court of Connecticut.
[No. 85.] Letter from the General Court of Massachusetts, to
Connecticut, (May 28th,) proposing to settle the differences between
the latter colony and New Haven, by arbitration, &;c.
[No. 86.] Letter from Connecticut to the Commissioners of the
U. Colonies, (Sept. 2d,) protesting against their recognition of Com-
missioners from New Haven colony.
51
590 APPENDIX.
[No. 87.] Warning to the inhabitants of Milford (Nov. 17th,
1664,) to meet, " to attend such occasions with Mr. Sherman" and
Mr. Allyn, as had been given them in charge by the General Court
of Connecticut. Following which, is recorded the submission of the
town of Milford to Connecticut government, "by a general vote,"
" no one person voting against it."
INDEX OF NAMES.
*,* Names of localities, of Indian tribes and their sachems, and of a few individuals who are
most frequently referred to in the pages of this volume, and whose history is inseparable from that
of the colony, have been included in the General Index. Special references to the names of magis-
trates and deputies prefixed to each session of the Court, would have swelled the Index to an incon-
venient bulk, and, as there seemed no absolute necessity of their insertion, have been omitted.
Reference to names occurring in the list of jurors, has been made only in cases where no previous
mention of the individual had appeared on the pages of the record.
Abbott, George, 49, 156, 172.
Robert, 55, Cfi.
Ackerly, Robert, 341, 428.
Adams, Jer. 17, 19, 123, 357,
360, 361, 377,378,401.
Edward, 220.
Adgate, Thomas, 297, 412.
Alrock, 83, 115. See Olcott.
Allen, Math. 28, 43, 66, 123,
106, 110, 111, 133, 155, 211,
252, 323, 348, 372, 404.
Thomas, 4, 14, 33, 43, 45,
211, 23], 263, 309, 315.
Robert, 317; Sam. 122, 505.
John, 299, 309, 321, 344, 346,
373, 376, 383,384,404,406.
Alvord, Benedict, 83, 89, 102,
103, 108.
Anadowne, Roger, 94.
Andrews, William, 122, 140.
John, 315 ; Edward, 297.
Arnold, Jos. 148,297, 315.
Astwood, 68.
Avery, James, 338, 385, 412,
426, 429.
Baccas, (Backus) Wm. 412.
Bacon, And. 49, 55, 66, 74, 94,
258, 261, 263, 283, 318.
Bailis, Thomas, 82.
Baily, John. 297, 326.
Band, Robert, 112.
Banks, John, 85, 220, 226, 367.
Barber, Thomas, 8, 124, 183,
184, 191, 203. '
Barclet, 84.
Barnard, John. 49, 55.
Barding, (Berding,) 130, 137.
Nath. 193, 318.
Barlowes, Thomas, 125.
Barlow, John, Sen. 432.
John, Jr. 432.
Barly, Thomas, 202.
Barnard, Jo. 81. 174, 28.3, 321.
Barth. 278, 281, 325.
Barnes, Mary, 187.
Thomas, 227.
Barrett, Samuel, 136.
Bartlemevve, Henry, 89.
Bartlet, Rob. 124, 142, 143.
John, 196.
William, 181, 184, 191, 195.
Barton, 428.
Bassaker, Peter, 102, 111, 114,
123, 157, 160,168, 177, 181.
Bassett, Thomas, 46, 102. 336.
(Goody) 220.
Bassum, William, 4, 5.
Baxter, Thomas, 252, 253, 265,
283, 379.
Bridget, 376, 379.
Bay ley, Nich. 412.
Beacliam, Rob. 310, 432.
Beadle, Rob. 115, 124, 185.
Beardsley, Will. 130, 198, 226,
340.
Bears, James, 433.
Beaument, William, 231.
Beckwith, Math. 29, 81, 110,
181.
(Becquet) 315. Steph. 183.
Belden, Rich. 88, 130, 141, 182.
Samuel, 297.
John. 298,309.
Benedick, Thomas, 379, 428.
Benjamin, Richard, 427.
Bennitt, John, 29, 164, 167,
171, 190, 201. Thos. 433.
Betts, Thomas, 433.
Richard, 428.
John, 169,171,299, 417.
Billing, Richard, 182.
Birchard, 29 ; John, 221, 412.
Bird, Jos. 297. James, 298.
Birge, Richard, 180.
Bishop, John, 177.
Bissell, John, 55, 75, 137, 174,
211, 231,246,298, 281, 309,
310.
Tnomas, 231. Samuel, 297.
Blackleach, John, 376, 377.
Blackman, (Rev. Adam) 187,
340.
Blachfield, (Blachford) Peter, 33,
108, 182, 156, 315.
Blinman, (Rev. Richard) 218,
288, 299, 300.
Bliss, Lidea, 82.
Blisse, Thomas, 147,412.
Bloomer, 423.
Blumfield, Will. 311,408, 409.
Bollwood, Robert, 165, 167.
Bond, Robert, 398, 400, 428.
Boosy, James, 30, 42, 47, 60,
69, 125, 238.
Boreman, William, 135.
Samuel, 143, 204, 332, 349,
379, 396, 413.
Boscom, Thomas, 106.
Boswell, James, 315.
William, 565.
Bostock, (Bostwick) Arthur,
336, 340, 351.
Boughtwhord, Robert, 315.
Bouten, John, 433.
Bowen Thomas, 315.
Bradley, Francis, 432.
Branker, 87, 98, 196.
Bratfield, Lisley, 83, 84, 463.
Brewster, Jona. 165, 166, 207,
209,298,301, 306^ 362.
Brocke, John, 89.
Brook, Thomas, 315.
Browne, Nalh. 257. Peter, 315.
Francis, 351, 413.
Ellen, 352. Richard, 388.
Browning, Henry, 43.
Bruen, Obad. 347, 352, 366,
382, 400, 426.
592
INDEX OF NAMES, -
Brumfield, William, 130, 135.
Brundish, John, 40, 45, 444.
Rachel, 45, 46, 445.
Brunson, Mary, 45, 50.
John, 3-27.
Brush, Thomas, 388, 428.
Bryant, Alex. 440.
Buck, Enoch, 173, 177, 297.
Buckland, Thomas, 109, 204.
Budd, John, 386, 388,413,436.
Buell, Samuel, 411, 425.
Bull, Thomas, 29, 211, 228, 230,
242, 379, 413.
Bunce, 137. Thomas, 182.
Burnham, Thomas, 195, 201,
202, 297, 340, 346, 364.
Burr, Jehu, 12, 112, 125, 127,
130, 226, 349, 426.
Benjamin, 315; Samuel, 315.
John, 428, 432.
Nathaniel, 433.
Burrowes, Robert, 135, 137.
B'ushnell, Francis, 241.
William, 362, 375.
Butler, William, 75, 482.
Richard, 88, 192, 226, 332,
349, 482.
Thomas, 292. John, 297.
Cable, (Cabell, Capell,)
John, 54, 190, 198,208.231.
Calkin, Hugh, 243,264, 338.
John, 412.
Campfield, Math. 257, 274,281,
300, 323, 332, 336, 398, 426.
Capell, (see Cable.)
Carpenter, 164. Jo.''140.
Carr, Sir Robert, 439.
Carrington, John, 107, 115, 145,
463.
Carter, Joshua, 70, 92.
Cartwright, George, 439.
Carwithy, 143, (see Curwithee.)
Cattell, John, 102, 110, 457.
Chalkwell, Edward, 492.
Chancutt, Edw. 160.
Chapman, John, 43.
Thomas, 219.
Robert, 264, 349, 351, 362,
375, 397.
Chaplin, Clem. 6, 12, 39,51, 97,
135, 136, 142.
Chappell, Geo. 8, 127, 130, 135,
137,143, 165, 168, 180, 194.
Chatterton, Michael, 473.
Cheeny, William, 297.
Che.sebrough, (Chessbrooke.)
William, 200, 216, 235, 240.
Samuel, 297.
Chester, Leo. 56, 75, 93, 117,
130, 141, 452.
Mrs. 177, 193.
John, 309, 315,356, 359.
Chichester, 182 ; James, 428.
Church, 56 ; Richard, 272.
John, 315; Sam. 297.
Churchill, Josias, 88, 190.
Cilburne, (Kilburne) John, 299.
Clarke, William, 41, 92, 344,
360, 365.
Henry, 46, 70, 112,207,321,
323.
Nicholas, 92, 169, 182, 401.
Thomas, 315.
Joseph, 315, 43.3.
John, 66, 221,367, 241,264,
426, 137, 389.
Daniel, 115, 143, 288, 291,
307, .309,319, 373,376,383,
401,404,429,435.
Clemens, Jasper, 351.
Clow, John, 256, 408.
Codman, Rob. 302.
Coe. (Coo) Rob. 2, 425, 428.
John, 425, 426.
Coggen, John, 66, 67, 72.
Coker, Rich. 54, 172,
Coldecott, Rich. 141, 212.
Cole, John, 297,327, 370.
Henry, 193.
Colefoxe, Will. 130, 162, 172,
201.
Coleman, Thomas, 41, 44, 83,
111, 127,140,147,259, 310.
John, 193, 315, 457.
Coles, Susan, 124, 129, 135.
Collecott, Rich. 141, 212.
Coltman, John, 129.
Comstock, (Combstocke-)
Will. 109, 114, 191.
Samuel, 177, 182.
Concklin, 388 ; John, 388,
Cone, Daniel, 434.
Coaker, (see Coker.)
Cooke, John, 108.
Aaron, 87, 148, 155, 242,
246, 309. 364, 367.
Nathaniel, 207.
Cooly, Peter, 432.
Cooper, Thomas, 8, 142.
John, 231, 276, 368.
Corbitt, Will. 159, 433, 446.
Cornelius, Law. 290.
Cornwell, Thomas, 29.
William, 192.
Cory, 388.
Cosmore, John, 316, 566.
Cotton, John, 346, 359.
Craddock, Math. 43.
Crane, Benj. 315.
Jasper, 437.
Cross, Will. 136, 192.
Crow, John, 41, 148.
Christo. 315, (see Clow.)
Crowch, Simon, 432.
Crump, Thomas, 102, 122.
Cullick, John, 76, 172, 318, 327,
345, 357, 573.
Elizabeth, 404, 585.
Curtis, Thomas. 298.
.John, 315.
Curwin, Jo. 388.
Curwithee, Caleb, 428.
Daniell, Stephen, 213.
Davis, Philip, 281.
Steph. 141, 142, 315.
Dawes, John, 155.
Day, Stephen, 202, 279.
Robert, 487.
Deming, (Dymon, Demon, De-
ment,) 81, 102, 109, 133,
164.
Thomas, 148, 183, 190, 202.
John, 288, 297, 315, 349, 388,
Denison, Geo. 243, 258, 264.
299.
Denslow, John, 297.
Henry, 115, 148, 155.
Dewey, Thomas, 81, 123, 168,
480.
Dey nton, 63.
Dickenson, Nath. 76, 95, 115,
135, 182, 243,264, 273.
Dickerson, Thomas, 297.
Joseph, 298 ; Philemon, 388.
Disborough, Nicholas, 45.
Douglass, Will. 34, 392, 405.
Doyes, John, 241 ; (Dawes,)242.
Drake, John, 88, 134, 140, 167.
Samuel, 142,143.
Job, 285, 380.
Dyblie, Thomas, 46.
Dyer, John, 218, 341.
Dyks, Leonard, 129.
Edmonds, John, 28, 171.
Edwards, John, 55, 56, 115,
137, 319.
Will. 107, 115, 190,193,309,
315, 401, 405.
Thomas, 172, 190, 202, 417.
Eggleston, James, 137, 182, 297.
Baggett (Begat) 127, 297.
Thomas, 315; Samuel, 315.
Elderkin, John, 276, 285.
Eldridge, 75, 76,89.
Nathaniel, 95.
Ellis, James, 245.
Ellison, Laurence, 88.
Ellyt, (Ellit) 141, 144.
Elmore, Edw. 82, 122, 136.
Elsen (Elsing) John, 83, 110,
162.
Abraham, 162, 202, 479.
Elseworth, Jos. 297.
Elton, 388.
Ely, Nath'l, 43, 83, 126, 183,
210, 336.
Ennoe, James, 420.
Evarts, James, 432.
Evans (Euens) 143.
John, 55, 135.
Ewe, John, 103.
Fairchild, Thomas, 264, 299,
340,419, 426.
Ffcllowes, Rich. 92, 112, 124,
135, 142, 145, 302, 309.
Fenn, Benj. 437, 440.
Fenner, Thomas, 477.
Fenwick, George ; See General
Inde.x.
Ferman, Rob. 428.
Ferris, Jeffery, 29, 43, 44.
(Pheries) Peter, 391.
Filly, William, 297.
Finch, Daniel, 1, 4, 5, 6.
Abraham, 315, 445.
Fishe, Ruth, 129.
INDEX OF NAMES
593
Fisbe, Wniiara, 144, J 48.
FUch. Samuel, 218, 261.
(Rev.) James, 282, 312, 321.
Thomas, 290, 297.
Joseph, 330, 409.
Flecher, John, 452.
Foote, Nath'l, 10, 56, 87, 93,
109, 115, 461.
(Widow) 115.
Foot. Robert, 298.
Ford, Thomas, 17, 60, 83, 148,
168, 247, 379, 383, 388,
405,409.
Forret, James, 363.
Fossaker, 348.
Foster, John, 465.
Fowler, 68.
(Ambrose) 147, 297.
Franklin. (Frauncklyn.)
Will. 183, 191.
Froste, Will. 465.
Daniel, and Abraham, 465.
Fuller, Elizabeth, 143.
Fyler, Walter, 55, 76, 109, 121.
135.
Gager, John, 317.
Gaines, Thomas t 29.
Gaylord, Will. 44, 87, 89, 104,
112, 211 ; Walter, 299.
Galpin, Philip, 310, 342.
Gardner, Sam. 66, 130, 158,
193, 202.
Garritt, Daniel, 46,261.
(Garrad.) 436.
Gibbons, (Gibbins) Will. 42, 83,
110. 136, 140, 160.
Gibbs, John, 17 ; Jacob, 274.
Gregory, 195, 203, 315, 504.
George, 82 ; Giles, 504.
Samuel, 297, 434, 504.
Gilbert, William, 46.
Jona, 1 39, 232, 295, 309, 332,
343, 346, 372,382,401, 430.
John. 295, 297, 306, 393, 423.
Mathew, 437, 440.
Gildersleeve, Rich. 3, 5, 40, 51,
65, 428.
Gillett, Cornelius, 315.
Jona. 204, 297, 326.
Gishop, Edward, 412.
Glover, 388.
Godding, George, 220.
Gold, (Gould) Nathan, 281,294,
299, 342, 353.
Goodheart, Isbrand, 322.
Goodman, Rich. 88, 230, 252,
326.
Goodridge, (Goodrich) John,
97, 135,147, 165.
William, 281, 379.
Goodwin, William, 20, 39, 262,
297, 318, 362, 374.
Nath'l, 389.
Grannis, Edward, 285.
Grant, Samuel, 256 ; Seth, 481.
Math. 122, 162, 247.
Graves, Geo. 1 04. 122, 299, 318.
John, 256, 297.
Thomas, 134 ; Nathaniel, 297.
Grey, Henry, 125, 126, 127,
148, 174, 190,209, 465.
John, 465.
Walter, 124,256.
Green, John, 174, 391.
Greenhill, Thos. 356, 360, 362.
Gridley, Thomas, 33.
Griffin, John. 167, 317,410.
Robert, 253.
aiathew, 128.
Griswold, (Gryssell) Math. 158,
161, 162,205, 352, 404,419.
Edward, 196, 379, 380, 397,
398, 419.
Francis, 196, 297.
George, 196, 256.
Michael, 344.
Groves, Philip 162, 242, 243,
257, 274, 281, 285, 349.
Growman, (Gruman) John, 432.
Grumwell, John, 315.
Gunn, Jasper, 172, 197, 298.
Thomas, 102, 111, 129, 182.
Gybbert, Thomas, 82.
Gynings, John, 157.
Nicholas, 160; Joshua, 147.
(See Jennings.)
Hagborn, (Mr.) 430.
Hales, Sam. 92, 95, 136, 143.
Hall, John, 66, 332, 349.
Sam. 257, Francis, 297.
Ralph, 428.
Halls, John, 124, 165, 177.
Hallet, 186; James, 84, 110.
William, 426, 428.
Halsey, 368.
Hamlin, 425.
Hanford, Thos. 257, 412.
Hampson, (Harnson) Ed. 115,
117.
Harbor, Benj. 281.
Hardey, Rich. 391.
Harris (-on) Rich. 110.
Harris, Daniel, 344.
Harrison, John, 297 ; Ed w. 474.
(Good wife) 381.
Hart, Steph. 149,243,257.
John, 257, 354.
Thomas, 413.
Hartly, Rich. 315.
Harvey, Edward, 148, 149.
Hassard, Thomas, 148.
Haughton, Rich. 309.
Morton, 382.
Hawkens, Zach. 428.
Hawkes, John, 167, 176, 204.
Haynes, John ; See General
Index.
(Col.) Hez. 248.
Jos. 380. 383, 404.
John, 292.
Hayvvard, Rob. 184. 191, 205.
Herriman, Augustine, 219.
Hews, Jos. 407.
Hewyt, (Hewitt) 133, 141.
Heyton, Wra. 92, 137, 154, 204,
309, 432.
Hicks, John, 424, 425, 428.
Higby, Ed. 163, 181, 184, 193.
Hill, Will. 181, 241, 243, 332,
353, 366, 442.
Hilliar, Benj. 172, 173, 177.
Hitchcock, Luke, 140, 160.
Hoite, (see Hoyt.)
Holbridge, James, 373.
Mercy, 373.
Holcombe, Thomas, 196.
Holibut, Thos. 93, 114, 189.
(See Hurlbut.)
Hollister, (Ollister) 81, 115, 141,
264, 288, 330, 342, 359.
(Mrs.) 174, 195.
Holt, Mary, 28, 29.
Hooker, Thomas, 498.
Hopkins, Edw. See General
Inde.x.
William, 53, 71.
John, 49, 92 ; Steph. 292.
Hornett, Edw. 428.
Horskins, Thos. 215, 484.
John, 483.
Hoskins, Anthony, 256.
Hosford, William, 44.
John, 231,309.
Horton, Barnabas, 388, 402,428.
Jos. 388, Caleb, 427.
Benj. 427.
Hosmer, (Osmore) Thomas, 70,
76, 107, 123, 124, 142,
177, 193.
Hought, William, 297.
Houghton, William, 202.
Howard, Robert, 88, 107, 129.
Howell, Edward, 149, 566.
John, 428.
Howkins, Anth. 349, 351, 376,
379,401. 419, 426, 440.
Hoyette, Simon, 49.
Hoyt, John, 220, 433.
Walter, 336,
Hubbard, Geo. 2, 5, 7, 17, 20,
39, 42,57, 182, 257.
William, 89.
Thomas, 157,297.
John, 274 ; James, 429.
Hubbell, Rich. 433.
Hudshon, John, 202.
Huested, Rob. 412.
Huit, Eph. 46, 70, 76, 91, 109,
115, 458.
Humphreys, Mich. 297, 420.
Hull, Geo. 20, 44, 198, 226, 249,
257.
Jos. 127, 349, 419.
Corn. 270.
Hullett, Jas. 82.
Hungerford, Thos. 110.
Hunt, Thos. 4 12 ; Blaynch, 457.
Huntington, Chris. 219, 315.
Thos. 297; Simon, 412.
Hurd, Jo. 112.
John, 187, 208, 308.
Hurlbut, Thos. 81, 82, 102, 136,
129, 388; Will. 180.
Hutchinson, (Widow) 76, 81,
83, 88.
Edw. 409, 407 ; Thos. 427.
Ireland, Samuel, 33, 137.
594
INDEX OF NAMES
Jackson, 348.
Jacob, Peter, 155, 160.
Jecoxe, 158.
Jener, John, 341, 428.
Jennings, Nich. 160.
Josh. 171, 193, 213.
John, 157, 171, 203.
Jessop, John, 12, 425, 426.
Johnson, Thos. 49, 55, 453.
Mary, 143; Peter, 226,
Elizabeth, 209.
(Goodwife) 222, 232.
Jonson, Mary, 171.
Jones, (Rev.) 316.
Jeffery, 427 ; Tho's. 428.
William, 437, 440.
Judd, William, 281.
Tho's. 319, 376, 379, 413,
425.
John, 413, 425.
Judson, 144; Will. 112.
Jer. 315.
"Joseph, 315, 340, 367, 475.
Keeler, 160 ; Ralph, 176.
Kelley, John, 315.
Kellock, Nath. 180.
Jos. 257; Daniel, 433.
Kellodg,Jos. 257.
Kelsey, Will. 314,
John, 315.
Keney, Will. 297, 315.
(See Cheeny.)
Kerby, 157; John, 182,315,
Ketchrell, 160. •
Ketchum, John, 390, 428,
Samuel, 428.
Ketling, Tho. 109.
Kilburne, (Widow) 156, 445.
John, 299, 354, 379,
King, Will. 273.
Kircum, (Kirkman) 145,463,
Kitwell, Sam. 29.
Knowles, Alex. 257, 264, 310.
Jos. 315 ; John, 432.
Latham, Cary, 185, 191, 392,
405.
Lathrop, Samuel, 186.
Latimore, John, 29, 110, 141,
180, 237, 309, 388.
Lay, Rob. 297, 353.
Edw. 302.
Lavves, Rich. 20, 43, 437, 440.
Lee, 142; Edw. 167.
Walter, 256.
Leete, Will. 437, 440.
Leffingwell, Tho. 205, 384.
Leonard, Tho. 315.
Lerreby, Greenfill, 213.
Letten, (Lattm.) 156, 243, 278.
(Goodwife) 366, 403,
Leverett, John, 259.
Lewis, 137; Will. 43, 66, 96,
187, 227,300, 327.
Walter, 174, 177, 191, 193.
Line, Gabriel, 28).
Lobdell, Symon, 297, 360.
Lockman, Gouv. 184, 198, 199.
Lockwood, Rob, 231, 299.
Jos. 432.
Loockuet, Rob. 299.
Lomes, Sam. 257.
Longdon, Andrew, 92.
Longdon, Anth, 160.
Loomis, (see Lummis.)
John, 180.
\ytLord, Rich. 17, 33, 43, 55, 72,
94, 123, 146, 309, 315,
377, 434.
John, 140, 161, 171, 224.
Tho. 167, 234, 359,
(Mrs. Dorothy,) 402,
Sarah, 162,
Lotham, William, 473.
Lovenam, (Widow,) 193.
Lummis, Jos. 81, 110, 256.
Thomas, 256, 309.
Nathaniel, 256. 309.
Ludlow, Henry, 428.
Roger; See General Indk.x.
Lupton, Tho. 433.
Lyman, Rich. 33, 81, 114, 442.
John, 81; Rob 81,443.
Lyon, Rich, 183, 433,
Maggott ; (see Mygatt.)
Mapes, (Goodman,) 388.
Marsh, John, 180.
Marshall, Sara. 256, 289, 309,
396, 409 ; Ann, 28.
Marshfield, Tho. 76, 82, 87, 107,
115, 137.
Martyn, Sam. 140, 147, 180,
202.
Blarvin, Math, 43, 111, 181,
334, 433.
Renold, 315, 354, 367, 375,
397, 404.
Mason, Capt. John ; See Gen-
eral Index.
Edward, 43, 57,
Mastens, 160.
Maynard, John, 139,
Mayo, Samuel, 253, 254.
Mead, Jos. 391,
Meaks, Rich. 163,
Meggs, John, 405.
Mercer, Timothy, 193,
Merricke, Thomas, 17.
Merrills, Jo. 315.
iMills, Rich. 109, 110, 114, 115,
412 ; Sam. 412.
Minor, Thomas, 186, 187, 265,
405, 411,419, 435,
John, 265.
Minott, (Minor) Tho's. 186.
Mitchell, Math. 6, 40, 48, 51, 55.
Moody, John, 29, 33, 81.
Samuel, 297.
Moore, Thomas, 28, 388, 427,
John, 366, 376, 379, 397.
More, Thomas, 46, 386.
John, 46, 76, 112,
Isaac, 187, 440,
Miles, 406.
Morehouse, Samuel, 433,
Thomas, 433.
Morgan, Jas. 300, 338, 366,
Morton, Will. 315.
Moses, John, 160, 164, 309,
492.
Mudge, Jarvis, 102, 115, 143,
165, 202,
Mulford, (John,) 428.
Munson, Thomas, 66.
Mygat, (Magott,) Jos, 87, 104,
283.
Jacob, 309, 344, 351.
Nash, Edw. 433 ; Jos. 315,
Neuie, (Nenie 1) 143.
Newbery, Thomas, 44,
Benj. 160, 183, 191, 397, 419,
440 ; Jos. 147,
Newton, Tho, 144, 150, 155,
172, 190, 192,
Nicholls, (Sergt.) 36.
Nicholls, (Col Rich.) 440,
Noble, William, 428.
North, 140.
John, 297 ; Sarah, 362.
Northam, James, 45, 165, 167,
176, 315.
Northum, (Norton?) Jas. 110,
130.
Norton, James, 49, 109.
Francis, 41, 44, 97, 86,160.
John, 297, 412, 425.
Nott, John, 55, 182, 299, 381,
414, 415.
Nowell, Thomas, 506.
Christopher, 506,
Odill, John, 433.
Ogden, 280, 282, 295, 316,
Olcott, (Thomas,) 83, 92, 96,
158, 162, 183, 315,
Samuel, 425.
Oldham, (John,) 3-6, 12, 43,
91.
Oldridge, Rich, 127.
Oldige, 148.
Olderige, 285.
James, 446.
Olmsted, Nich. 50, 226, 309,
446.
Nehe. 183, 204, 299, 447.
Rich. 210, 242, 285, 336,
349,367, 391,447.
John, 45, 285, 389, 447.
Omphries, Mich. 297.
Orton, Thomas, 95, 110, 204,
Orvis, George, 315,
Osmore, (see Hosmer.)
Oulsterman, 231.
Packer, John, 293, 432.
Packs? Henry, 56.
Paine, Jo. 386, 388.
Palmer, Will. 81, 89, 348, 464,
John, 297, 309.
Henry, 297, 464.
Nich. 330, 366, 467,
Palmes, Edw. 371, 373, 419,
426.
Pantry, Will. 93, 107, 123,
John, 207.
Parker, Will. 354,
Ralph, 315, 430,
Parke, (Parks) 46, 55, 84, 127,
135, 180, 412.
INDEX OF NAMES
595
Parkman, (Putmati) Elias, 14,
16, 46. 81, 144, 106, 167.
Parsons, Rich. 46.
Partridge, Will. 3-35.
Patlen, Nathaniel, 87.
Peerue, John, 45.
Pell, Tho. 366, 389, 418.
Pering, Henry, 428.
Perkins, John, 142.
Pervvidge, Will. 102, 107, 110.
Pettibone, John, 315.
Pheax, 186.
Phelps, Geo. 28, 134, 309, (see
Phillips.)
Will. 1, 32, 54, 145, 419.
Timo. 411, 425; Jos. 256.
Pheries, (Ferris) Peter, 391.
Phillips, Will. 117,241.
Geo. 178, 278, 309.
Zerub. 426.
Piddell, Corbitt, 193.
Pierce, Tbo. 366.
John, 45.
Pincheon, Wm. 10, 13, 16, 18,
19, 20, 43.
Pinney, Humph. 126, 143.
Samuel, 315.
Pinckney, Philip, 220.
Pitkin, Win. 388, 389, 426, 436.
Piatt, Isaac, 428.
Plum, Jo. 3, J 3, 18, 41,44,56,
69,97, 121.
Pomrey, Eltweed, (Eldad) 27,
104,227, 315, 354,362, 370.
Pond, Samuel, 191.
Ponton, Rich. 406, 412.
Porter, John, 28, 43, 75, 191,
309, 475.
Daniel, 123, 127, 377.
Thomas, 257, 491.
Post, Stephen, 206, 241.
John, and Thomas, 412.
Powell, Tho. 428.
Pratt, John, 9.3, 108, 135, 219,
230, 292, 450 ; Wm. 375.
Daniel, 292, 309.
Prentice, John, 433.
Preston (Presson) 102, 109, 133.
Provost, David, 155, 163.
Prudden, Mr. 36.
Purdy, 466.
Purkas, John, 466.
Furrier, 388.
Putnam, (see Parkman.)
Pyne, James, 150, 158.
Uuicke, William, 6.
Quinby, John, 412.
Randal, Abraham, 326.
Rayner, (Reyner) Thurston, 3,
13, 17,428 ; Jos. 426, 388.
Read, 144.
Reeves, Jo. 6.
Reive, Rob. 309, 315, 360.
Rescue, (Rusco) Nath. 222, 232,
256, 352.
Will. 70. 110, 161, 204,209.
Reynolds, (Renols) Robert, 2.
John, 142, 412.
Rice, Robert, 285.
Jonathan, 412.
Wihell, 406.
Richards, James, 429, 435.
Samuel. 315; Nalh. 92, 144.
Rigebell, Mr. 390.
(Rickbell,) 428.
Rily, John, 182.
Rissly. Richard, 127,486.
Samuel, 487.
Robins, John, 88, 93, 95, 109,
129, 141, 356.
Mary, 457, 463.
Robinson, Thos. 54.
Rocester, 48, 49, 55, 81, 83;
(see Rossiter.)
Rockwell, John, 195.
Samuel, 297, 483.
Rogers, Jas. 340, 352, 359, 385,
392, 409; Sam. 406.
John, and Jona. 428.
Root, John, 297,413.
Rose, Rob. 42, 43, 60, 97, 109.
Rossiter, Bray, 76, 81, 83, 88,
102. 177, 353, 359, 396.
Rowlins, Jasper, 56, 82.
Rudd, Jona. 45, 127, 218,219,
238, 285.
Rugge, Robert, 141.
Rushmore,Tho. 195, 424.
Rusco; (see Rescue.)
Russell, Henry, 288, 319, 330,
342, 415.
John, 173, 207, 274.
Rysly, 127.
Sable, John, 202, 315.
Sadler, John, 93, 108, 160, 168,
201.
Salter, Walter, 423.
Saltington, ) Robert, 62, 66, 67,
Saltingstall. ^ 70, 72.
Samwis, Rich. 190, 202.
John, 428.
Sanford, Andrew, 297.
Zachary, 219,315.
Savidge, John, 257.
Sawyer, Richard, 169, 485.
Scippeseyer, 155.
Scott, Thomas, 18, 42, 70, 103,
453.
Edmund, 202.
John, 418, 420, 424, 430,
436,441.'
Scudder, Thomas, 428.
Seager, Rich. 297.
Sebadoe, (Capt.) 242.
Sedgewick, (Maj.) Rob. 259.
Seely, Robert, 4, 5, 9, 10, 43, 49,
391,401,403, 406.
Nath 297.
Seldon, Thomas, 46, 190.
Senthion, (Sension) Nich. 55,
294, 492.
Mathew, 95, 114 ; Mark, 433.
Shepherd, John, 360.
Sherman, Jo. 2, 49, 463.
Sam. 425, 426, 436.
Sherwood, Tho. 126, 150, 155,
264, 432.
Sherwood. Stev. and Mark, 433.
Shorye, Sampson, 202.
Sipperance, Joan, 193, 203.
Skidmore, Thomas, 193, 202.
Skinner, Rich 177.
Slye, Robert. 182.
Smitli, Arthur, 62, 92, 136, 183.
Edward, 89, 93, 96.
Henry, 86, 90, 97, 98, 106
143,502.
Simon, 141, 142.
Samuel, 54, 106, 155, 191,
200, 206, 285, 292, 314, 503.
William, 114, 128.
Philip, 256 ; Jonathan, 297.
Joseph, 298, 375.
Quince. 355.
John, 332, 347, 349, 352, 400,
Rich. 164,315,319,407.
S.iuthmead, 127.
Spencer, Obed, 315.
William, 449 ; Samuel, '450.
Thomas, 81, 315.
Jared, 361.
Speck, Jared, 467.
Stadder, 135,140; seeStodder.
Stanborough, Jos. 348, 368.
Stanley, Timothy, 69, 489.
Tho. 87, 212.
John, 326; Caleb, 491.
Stanton, Tho. 108, 193, 300,
435. See General Index.
Staples, Tho. 127, 220, 265.
Stares, (Serg't) 17 ; Tho. 458.
Starke, Aaron, 28,55, 84.
Stebbing, Edw. 18, 43, 47, 112,
121, 135, 250, 259, 321,
362, 413.
Stebbins, 352, 360, 365.
Stedman, John, 256, 285, 309,
Steele, John, 48, 134, 148, 180,
227.
George, 75, 87, 107, 159.
James, 309, 372.
Samuel, 180.
Stephenson, Thomas, 144,285,
Stickland, Jo. 2, 6.
Stocking, 348.
Samuel, 256 ; George, 318.
Stoder,Jo. 81, 83.
Stone, Samuel, 20, 39, 317,
356, 413.
Stoughton, Thomas, 7, 48.
Stow, Mr. 356, 361, 362.
Strong, John. 218.
Thomas, 309.
Styles, Henry, 1, 2.
John, 108, 195.
Francis, 3, 6, 8, 33, 62, 70,
76, 83,86,91, 107, 141, 149.
Sutton, Jos. 315.
Talcott, John. 9, 75, 210, 231,
251, 353, 373, 375, 383,
384, 404, 406.
Samuel, 389.
Tallman, Peter, 231.
Taipe, Mr. 68.
Tapping, Thomas, 29, 30, 218,
316, 368, 414.
596
INDEX OF NAMES
Taylor, John, 106, 108.
Steph. 190, 356. 365.
Terry, Steph. 18, 93, 136, 309.
Thomas, and Rich. 388.
Theed, Jos. 391.
Teed, John, 428.
Tharpe. 127.
Thomson, Wm. 359, 432.
Thornton, 56.
Thos. 83, 138, 221,243,475.
Tillton, Peter, 182.
Tinker, John, 82, 114, 347, 352,
359, 366, 382, 417.
Titterton, Daniel, 148, 187,208.
Titus, Samuel, 428.
Tompson, John, 412.
Torrey,"William, 88.
Toung, (Tong) George, 285, 292,
352, 365, 397.
Tracy, Thomas, 106, 115, 206,
238, 241, 366,393,397.
TrauU, Will. 164 ; Tim. 315.
Treat, Jas. and Math. 297.
Robert, 440 ; Rich. 309, 310.
(Trott) Rich. 75, 76, 80, 88, 93,
112, 123,135, 237.
Elias, 136 ; John, 76.
Math. 143, 171, 177.
Trumble, John. 162.
Try, (Tray) Mich. 46, 348.
Tucker, (Tooker) 386, 388.
Tuckye, George, 127.
Tuder, Owyn, 193.
Turner, Daniel, 194.
Turny, Robert, 432.
Uffoote, (UfFord) Tho. 95, 110.
Underbill, John, 275, 341.
Upson, 29, 157.
Usher, Rob. 389, 405.
Vandict, Gisberd, 184.
Vantino, Cornelius, 184.
Varleet. (Varleth) 322, 352, 355,
371-6, 387.
Vayle, Jer. 388.
Venison, (Vincent?) Wm. 162.
Ventris, Moses, 218.
Will. 257,298.
Vere, Edw. 129,145,463.
(Veare,) 50, 81.
Vincent, Wm. 162, 169, 172,
182.
Vore. Richard, 348.
Vowles, Rich. 388, 389, 413.
Wade, Robert, 46, 301.
Wadom. John, 315.
Wadsworth, Wm. 12, 55, 288,
349, 379.
Wakely, (Whately) James, 180,
238,279, 401 ; (see Whately.)
Richard 297.
Walkely, Henry, 401.
Wakeman, Sam. 1, 2, 3, 7, 135.
Waller, Wm. 231, 241, 312,
354,375,404, 411, 419.
Walston, Thomas, 115.
Waples, Thomas, 117.
Ward, Andr. 2, 12, 226. 243,
264, 284, 323.
Joyce, 451.
Nath'l, 18, 60. 93, 112, 125,
147, 165, 314, 321.
William, 297, 451.
Anthony, Robert, John, and
Edward, 451.
Warham, (Rev.) John, 288, 420.
Warin, William, 315.
Warner, Andr. 14, 43, 60, 309.
Robert, 297.
John, 413.
Waterhouse, Jacob, 40, 95, 300.
Waters, Anthony, 424.
Watson, Nathaniel, 162.
John, 114.
Watts, 127 ; Thomas, 108.
Ellinor, 142 ; Rich. 142.
Waynewright, Thomas, 88.
Webb, Henry, 82, 87.
John, 176.
Rich. 93, 110, 144,203,391.
Webster, Math. 124.
Robert, 258, 264,288, 289.
John, 9,27, 36,49,263,273,
280, 318.
Weed, Jonas, 2.
Welman, William, 315.
Welles, Jo. 124; Edw. 107.
Hugh, 243 ; Thomas, 309,
346, 359 ; John, 310, 323.
Samuel, 297, 311, 356.
West, John, 182,419.
Westall, John, 87, 135, 332,
418, 433.
Westcoat, Rich. 40, 41, 44, 111.
William, 41.
Westly, William, 139.
Westover, Jonas, 191. 195, 315.
Westwood, Will. 18, 252.
Whately, (see Wakely.)
James, 109, 110, 111, 115,
145.
Wheeler, Isaac ; (see Wylly.)
Ephraim, 112, 4S6.
Moses, 163 ; Thos. 243.
Whisson, Henry, 428.
White, John, 83, 93, 108, 145,
250, 298, 360.
Phihp, 155 ; Nath. 379.
Whithead, Robert, 55.
Whiting, Will. 10, 18,55,62,
116, 131, 133, 493.
(Mrs.) 165 ; Giles, 99.
John, 262, 493.
Whitman, Jos. 428.
Whitmore, John, 44, 197.
Thomas, 231, 264.
Wiate, John, 315.
Wichfield, 56, 89.
Wicks, Thomas, 390.
Wickum, Thomas, 315.
Wilcoxson, WiUiam, 148, 149.
Wilkenson, Thomas, 194.
Wilkins, WilUam, 429.
Wellard, (Willard) Jos. 372.
Willcock, John, 126, 143, 172,
180, 249.
Williams, John, 28, 309.
Roger, 43, 76, 87, 106.
Arthur, 46, 95, 176.
Math. 129, 135, 143, 168, 433.
Will. 140,202, 256, 315, 428.
Amos, 396 ; (Mrs.) 381.
Willis, George, 27, 52, 64, 68,
71, 136, 469.
Sam.251, 377, 383,404, 415,
469.
Willet, Nath. 88, 89, 122, 135,
137, 318.
Wilson, Anthony, 84.
Thomas, 433 ; Rob. 506.
Wilterton, Grego. 55,183,327,
360.
Wilton, David, 102, 107, 115,
147, 164, 174, 309.
Nicholas, 256.
Winchell, (see Wynchell.)
Windes, 388.
Wines, Barnabas, 427.
Winthrop, John ; See Gkner.vl
Index.
Wolcott, Henry, 1, 12, 18, 55,
56, 76, 81, 88, 89, 102,
125, 184, 193, 349.
George, 55, 297.
Simon, 256, 309.
Wood, Jonas, 172, 174, 190,
192, 275, 281, 283, 379,
380, 401, 428.
Samuel, 428.
Woodcocke, John, 33. 34, 66.
Woodford, Tho. 112, 241.
Joseph, 412,
Woodhull, Rich. 341, 366, 428.
Woodroofe, Nath. 88, 298.
John, 413
Woods, John, 29
Workes, Thomas, 428.
Wright, Samuel, 298.
Anth. 309.
Thomas, 92, 147, 177, 256,
319.
James, 256.
Wrothem, Simon, 257.
Wylly, (Wheeler) Isaac, 185.
Wynchell, Rob. 109, 141.
Nath. 297.
Yeates, Era's and Geo. 315.
Yeosen, Simon, 239.
Young, Mathew, 316.
John, 386, 390, 402, 406, 419.
Youngs, Joseph, 388.
GENERAL INDEX.
Adamites ; see Quakers.
Address to the King ; see Charter.
Adultery ; how punished, 77.
Administration ; see Estates.
Agawaro, 12, 13, 14, 19 ; see Springfield.
Alarms ; mipressment of men, arms, &c. author-
ized, in case of, 94.
Allegiance, oath of, to be taken, 439.
Ammunition ; see Military Stores.
Apparel, excess in, prohibited, 64.
Appeals, from inferior courts, regulated. 37, 1 18,
186, 395,
Appraisal of property attached, 349, 525.
Apprentices, orders concerning, 8, 105, 349, 222,
316, 538.
Armour; provision and survey of, 15, 17, 30.
Aramamett, complains of Lt. Holmes, 16.
Artillery ; see Military.
Ashford ; see Setauket,
Assistants ; appointment of, at Pequot, 186 ; to
join with magistrates, on the seaside, 227,
233 ; appointed for several towns, 281, 351,
352, 365, 381, 435 ; powers of, 324, 336, 350,
374, 394, 397 ; Gen. Court to appoint, 365.
Attoijney for the Gen. Court, 388, 426.
Auditors of treasurer's accounts appointed, 30.
Ballast, orders respecting, 273, 512.
Banishment, sentence of, 242, 324.
Bankside, inhabitants admitted at, 310.
Baptism of children ; advice to the churches
respecting, 438.
Bay ; see Massachusetts.
Beaver ; duty on, 20 ; trade with Indians for,
prohibited, 20; order respecting, 161.
Beef cattle, number of killed in Fairfield, 221.
Bestiality, how punished, 77.
Bible, sent to goodwife Williams, 381 ; given to
Amos Williams, 396.
Births, to be recorded, 106, 551.
Blasphemy, how punished, 77.
Boundary of the Colony ; committee appointed
to ascertain and settle, 435.
Brands ; see Cattle.
Breach of Promise; law against, proposed, 80.
Bride brook ; a bound of Pequot, 221.
Bridges, to be built, at Hoccanum, 417 ; at
Farmington, 164.
Cannon to be provided, 70 ; loaned by Mr. Sal-
tingstall, 72 ; carriages to be made for, 74 ; to
be purchased, for public use, 104.
Capital Laws, 77, 515.
52
Casks ; size of, regulated, 264, 515.
Cassasinamon ; see Robin.
Cattle, to be restrained, 60, 517 ; to be marked,
118, 517.
Caveat may be entered, when, 151, 153, 518.
Charter, measures for procuring, 360, 367, 368-
370 ; instructions to Gov. Winthrop, &C.579 ;
received and publicly read, 384 ; committee
entrusted with custody of, 384, 407 ; payment
of rate for, 385, 390, 392, 397, 400, 415 ; not
to be sent to New Haven, 405 ; thanks to
Gov. W. for procuring, 416.
Children, stubborn, how punished, 78, 515.
Chippachauge Island, granted to Capt. Mason,
224.
Church ; see Ecclesiastical Affairs.
Cider ; orders respecting sale of, 331, 354.
Clerks of train bands ; appointment and duties
of, 73, 75, 97, 282.
Code of 1650 ; Mr. Ludlow desired to prepare,
138,154; whenadopted. 216, 509 ; recorded,
509.
Collectors of rates; duties of, 12, 113, 550.
Combination ; see United Colonies.
with Southampton, 566; with Eastharapton,
316, 572 ; with New Haven ; see Union.
Commissioners, of U. Colonies ; first appoint-
ment of, 90 ; to meet yearly, 157 ; see Uni-
ted Colonies.
for the plantations, 53 ; powers of, 408 ; on L.
Island, powers of, 402.
Common lands; orders concerning, 100, 108.
118, 214, 517.
Communion ; respecting the subjects of, 438.
Composition, for Saybrook ; see Saybrook.
Conscience; liberty of, to be secured, 439.
Constitution of 1639, 20 ; amendments of, 96,
119, 140, 150, 346,347.
Contempt of Court, punished, 44, 155.
of ordinances, 80. 524.
Contracts ; see Debts.
— of marriage, 47, 48, 540.
Conveyances, of land, to be in writing, &.c. 358,
See Deeds, and Records.
Corn, price of, established. 11, 18, 61, 79, 100,
116, 118, 205, 563; trade with Indians for,
prohibited, 11, 13, 68, 81; plantations, how
to be supplied with, 13, 16, 18, 19 ; to be re-
ceived in payment of debts, 69, 72 ; orders re-
specting exportation of, 116, 258, 379, 383,
392 ; not to be distilled, 333 ; measure of,
regulated, 104.
Corselets, to be provided by the towns, 14, 546,
598
GENERAL INDEX
Costs, when allowed, and by whom payable, 37,
55, 113.
Cotton ; trade therein proposed and encouraged,
59, 75.
Council, constituted, and its powers, 397 ; repeal
of order erecting 440;
Ecclesiastical ; see Ecclesiastical Affairs.
Court, General, times of holding, 16, 21 ; how
constituted, 150 ; how called, 256.
of Election, in April, 21 ; in May, 140 ; to be
held at Hartford, 385.
Particular ; times of holding, 71, 81, 231 ; how
constituted, 119, 150.
Cromwell's Bay ; see Setauket.
Cupheag ; tribute from Indians there, 52 ; orders
respecting bounds of, 53, 62; commissioner
appointed. 53 ; see Stratford.
Customs ; see Duties.
Damages, may be varied by the Court, 118 ;
double, when to be paid, 19.
Deaths, sudden ; inquests on, 42, 523.
Debts; committee appointed to examine the
public debts, 228 ; in the several towns,
273 ; notice to be given of, 383.
remedy of creditor against debtor, 151, 349,
511, 518 ; debts payable in corn, 61.
Deeds, how to be executed and recorded, 37, 552.
Delinquents, to pay cost of prosecution, 113; fee
to prison keeper, 138 ; appealing, after con-
viction, to be fined, 395 ; execution upon,
how performed, 103, 525.
Deputies, to General Court ; to be sent by the
towns, 22, 23, 403 ; number of, 23, 372 ; ex-
empt from training &c. 62, 350, 355 ; their
powers, 24 ; vacancies, how filled, 51.
Dice ; see Gaming.
Disability, consequent on conviction of scanda-
lous offences, 138, 389.
Distillation of corn &c. prohibited, 333.
Divorces granted ; to Beckwith, 275 ; Rob-
ert Wade, 301 ; Sarah North, 362 ; Bridget
Baxter, 379.
Dollars, (rix) value of, 86.
Dorchester, bounds of, -Q ; named Windsor, 7 ;
see Windsor.
Drunkenness, how punished^ 333, 533.
Dutch ; letters to be sent to Dutch Governor, 52,
75, 346 ; settlement of differences with, to be
agitated, 68 ; cattle of, impounded, 51 ; liable
for trespasses of their swine, 83 ; arms, &c.
not to be sold to, 114 ; prohibited from trading
with Indians, 197 ; prosecuted for such trade,
163, 198 ; House the Hope sequestered, 254,
275 ; repeal of orders restricting tfade with,
261 ; proposed expedition against, 241, 244,
259 ; vessel seized at Saybrook, 219 ; at Fair-
field, 231 ; the charter to be shown to Capt.
Varlet, 387 ; committee to treat with, 410 ;
other orders relating to, 346, 402, 405, 411,
413,415; controversy respecting L. Island,
410, 413, 416 ; letter from Sir W. Boswell,
relating to, 565.
Duties ; on beaver, 20, 31 ; on drawing of wine,
146; custom masters appointed, 332; their
duties, 332, 383, 396 ; wines &c. to pay du-
ties, 255, 332, 395 ; tobacco, 380 ; repeal of
acts imposing, 391.
East Hampton ; articles of combination with,
approved, 96 ; accepted under jurisdiction,
200 ; letter to be sent to, 274, 572 ; power of
magistrates there, 336 ; of commissioners,
402 ; bounds with Southampton stated, 368 ;
letter to, 436.
Ecclesiastical Affairs;
formation of church at ffatertoion, approved,
2 ; JVIr. AUyn's complaint against ch. at Hart-
ford, 106,111; orders respecting maintenance
of ministers. 111, 112, 545; difficulties in
church at Hartford, 288, 290, 312, 314, 317,
318, 320-333, 339, 343; at WethersfieU, 87,
90, 97, 330, 338, 342, 363 ; petition of Mr.
Russell, 319; committee to present complaints
to the other colonies, 281 ; council at Boston,
288 ; answers from Massachusetts, to be sub-
mitted to the churches, 302; churches not to
beformed without consent of Gen. Court, 311 ;
petition from Windsor, 312 ; church at Mid-
dletown and Mr. Stow, 356, 361, 362, 440;
ministry at Southold, 387; at Guilford, 387;
ch. at Stratford and John Tompson, 412 ;
complaint from ch. at Windsor, 420 ; recom-
mendations of Gen. Court, respecting half-cov-
enant privileges &c., 438.
■j-Education ; contributions to support of scholars
at Cambridge, 112, 139 ; to fellowship at the
college, 250 ; schools to be established in each
plantation, 554 ; children to be instructed, 520.
Election, Court of; see Court. ^
of deputies, who to vote in, 21, 96, 417; how
determined, 24.
of governor &c. when and how made, 21, 22.
alteration of law respecting, 346, 347.
warrants for, issue and return of, 23, 24.
Estates, orders respecting settlement of, 3, 5, 38,
42, 179.
administration, where to be granted, 179;
distribution of, to be attended, 309;
testate ; see Wills and Inventories.
intestate ; of Sam. Allen, 505 ; John Brandish,
40, 45, 444 ; John Cattell, 1 10, 457 ; Jos.
Clark, 433 ; Tho. Crumpe, 122 ; Tho. Dewey,
168,480; Abr.Elsen, 163, 202, 479 ; John
Elsen, 162, 480 : Tho. Fenner, 477 r Abr.
Finch, 445 ; Sam. Fitch, 336 ; Nath. Foote,
115,461; SethGrant, 481 ; Tho.Greenhill,
356, 360 ; Edw. Harrison, 474 ; Blaynch
Hunt, 457; Samuel Ireland, 136,468;
Thomas Johnson, 49, 55, 453 ; William
Lotham, 473 ; Edward Mason, 57 ; Thomas
Newbery, 44 ; John Oldham, 3,5, 91 ; Rich.
Rissly, 486 ; Mr. Robins, 356 ; Rich.
Sawyer, 169, 485; Timo. Staiidly, 489;
Mr. Stoughton, 83; Sam. Wakeman, 135;
Tlio. Welles, 346, 359, 395,396; Goodwife
Williams, 396, 433.
Evidence, orders respecting the introduction of,
232, 337.
Executions; how served, 115,117. 540; fees
for levying, 146, 398; appraisal of goods
taken, 273, 525 ; sales by officer, 273.
Fairfield; excepts against order relating to ju-
ries, 138 ; orders respecting lands there, 163,
187 ; bounds with Norwalk to be laid out &c.
414, 418 ; grant of land on Sagatuck River to,
208; Dutch vessel seized there, 231; differ-
ence with Norwalk. 242 ; constables, fined for
neglect, 278 ; deposition respecting land a.
GENERAL INDEX.
599
the neck, 298 ; petition of inhabitants, refer-
red, 310; provision for maintenance of Mr.
Jones, approved, 310 ; boundary with Strat-
ford, 367, 402; enlistment of troop, 351;
bounds with Norwalli, 414, 418.
See Pequannoc ; and Golden Hill.
Fairs, twice a year, at Hartford. 12.5.
False witness, how punished, 77.
Farmington, named and bounded, 133; Mr.
Steel appointed recorder, 134; bounds,
376;
Indians ; hostilities of, 294, 299, 303, 318 ;
payment required of, 343.
see Tunxis.
Fast days, appointed, 98, 99, 170, 206, 228, 251,
263, 293, 323, 339, 364, 424.
may be appointed by magistrates, in recess,
277.
Fees, of jurors, 9 ; of Secretary and Registers,
for recording, 37, 106, 151, 196, 277; on
entry of actions, 39, 277 ; forjcopies of laws,
39,331; on licenses, 333; on attachments
&c. 100, 277 ; for warrants, 105, 277 ; of
prison keepers, 138,277; of leather sealers,
287, 377 ; of pound keepers, 292 ; of pack-
ers, 347, 391 ; of custom masters, 332; of
raarshall, 398 ; of courts, in civil actions
399; on entry of petitions, 381.
Fences; orders respecting, 101, 105, 381, 516,
518 ; on east side of the river, 417.
Fence viewers, to be chosen, 381.
Fenwick, George ; committee to confer with, 30
his reply, respecting union, bounds &c., 31
nom. for magistrate, 36 ; invited to join the
plantations, 82 ; comm'r to U. Colonies, 90 ;
payment to, for repairs of fort, 95 ; agreement
with for purchase of Saybrook, 113, 119, 170,
178, 215, 258, 266, 280, 345, 568; letters to
be sent to, 248 ; grant to Saybrook, froia, 282 ;
will of, 341, 574 ; final settlement with heirs
of 318, 325, 327, 362,573.
Ferry ; at Niantecut, granted to Gov. Winthrop,
357. See Windsor and Saybrook.
Fidelity, oath of by whom to be taken, 139.
Fisheries ; on Long Island, agreement with Mr.
Fenvt'ick concerning, 68 ; whale, exclusive
right for, granted Mr. Whiting, 154.
Fisher's Island ; grant, to Gov. Winthrop, 64.
Flax ; raising of, enjoined, 61, 64.
Flushing ; deputy sent from, 426 ; comm'r ap-
pointed, 428 ; freemed admitted, 430.
Foreigners, not to retail goods in the colony, 207 ;
sale of arms &c. to, prohibited, 139, 145.
t
Fort, at Saybrook ; see Saybrook.
Fort rate ; receipts for, 325-7 ; orders respect-
ing, 170, 178, 204, 221, 280, 345.
Freemen; oath of, 62; qualifications of, 21,23,
96, 290, 331, 389, 439 ; to be nominated at
October court, 331, 389 ; how disfranchised,
138, 389 ; to be admitted by the Gen. Assem-
bly, 418.
French; sale of guns, &c. to, prohibited, 130 ;
trade with Indians by, prohibited, 197.
Fundamental Orders ; see Constitution.
Gaming, prohibited, 289, 527.
General Court ; see Court, General.
Golden Hill, set off to Paquannack Indians, 336.
Goodwin, William, trustee of Mr. Hopkins' leg-
acy ; letters from, 374, 578.
Governor ; how elected, 21 ; oath of, 25 ; qual-
ifications for office, 22 ; powers of, 23, 25 ;
alteration of law respecting election, 346, 347 ;
allowance of salary to, 69, 131, 161.
Grain ; see Corn.
Grand Jury; appointment and duties of 91, 536,
349 ; to be sworn, 350, 364 ; names of, 349,
379.
Grants of land I to Jer. Adams, 377 ; John Ad-
ams, 395 ; John Allyn, 376 ; Math. Allyn,
372, 375, 419, 436 ; John BisssU, 246 ; Rob.
Chapman, 289 ; Dan. Clark, 376 ; Aaron Cook,
246, 367 ; Fairfield, 208 ; Jas. Fitch, 282 ;
Tho. Ford, 72, 246 ; Jona. Gilbert, 372 ;
John Gilbert, 393; John Griffin, 410; Gov.
Haynes, 82, 234, 250, 298 : Jos. Haynes, 380 ;
Eph. Huit, 70 : Anth. Howkins, 376 ; Tho.
Judd, 376 ; Rich. Lord, 377 ; Capt Mason
and his soldiers, 70, 208, 221, 230 : John Ma-
son, 209, 224, 406, 432 ; John Moor, 376 ;
Ens. Olmstead, 391; Pequot (town of ) 208;
Mr. Phelps, 419; Jas. Rogers, 340; R. Salt-
ingstall, 72 ; Sam. Sherman, 436 ; Saybrook,
419; Mrs. Stone, 4)3; John Talcott, 376;
John Tinker, 359; Sam. Willys, 377; John
Winthrop, 64, 223, 243, 246, 337.
of Niantecut Ferry to John Winthrop, 357.
Greenwich, admitted to jurisdiction, 388.
Guards, on Sabbath days, 73, 95, 96, 150, 162,344;
to be supplied with powder, 212 ;
of the Governor, to be allowed powder, 246.
Guilford, admitted to jurisdiction, 387 ; consta-
ble confirmed, 405.
Hastings ; officers appointed there, 413, 436.
Hartford, named, 7 ; bounds of, 8 ; constable
sworn. 43 ; bounds with Wethersfield, 69 ;
building of the great bridge, 225 ; allowance
to the Governor's guard, 246 ; ordinary, licen-
sed, 378 ; train band to have the pre-eminence,
390 ; difficulties in the church, (see Ecclesi-
astical Affairs.)
Harvard College ; see Education.
Haynes, John, sent to the River's mouth, to
treat with the Bay, 10 ; sent to the Bay, 82 ;
to keep court at the sea side, 126 ; requested
to endeavor to procure an enlargement of
Patent, 126 ; grant of land to, at Pawtucket,
234, 250, 298 ; death of, 251.
Hemp, cultivation of enjoined, 61, 64, 79.
Hempstead; 423; constable to be displaced,
424; deputy from, 426 ; comm'r for, appoint-
ed, 428 ; freemen from, accepted, 429.
-fHeresy, how punished, 283, 303, 308, 324.
Herman Garrett ; claims at Pawcatuck, 259.
Hides ; see Leather.
Highways, between towns, how repaired. 91,
527 ; between Windsor and Hartford, 17,51,
56, 125; surveyors of to be appointed, 91,527.
Ilockanum ; petition respecting lands there, 362 ;
bridges to be built at, 417.
Homonoscitt ; (Haramonasset,) committee to in-
quire concerning, 400 ; Saybrook no right to
land there, 401 ; land to be laid out there,
404 ; petition of John Clow, for lands, 408 ;
orders respecting planting of 409, 414 ; bounds
with Saybrook, 418.
Hopkins, Edward, allowed to trade at W^ra-
noke, 57 ; his mill attached, 67 ; proposes a
trade in cotton, 59, 75 ; desired to adjust dif-
600
GENERAL INDEX
ferences with the Dutch, 68, 566 ; sent to fur-
ther a union of the colonies, 90 ; to press sol-
diers for defence of Uncas, 94 ; engagement
for exportation of corn, 116 ; comm'r of U.
Colonies, 128; agent for Mr. Fen wick, 132,
134 ; proposed departure for England, 222 ;
absent, 257 ; letter to be sent to, 261 ; bis
death, 341 ; legacy to the colony, 374, 578;
orders respecting his estate, 322, 338, 341,
345, 350, 370, 374,418.
Horses, penalty for selling to Indians, 284 ; not
to be exported without entering marks, 356.
House of correction to be built, 47 ; allowance
to keeper of, 204.
Householders ; unmarried men not to be, 8 ; not
to entertain young men in families, 8.
Huntington ; inhabitants of admitted under this
government, 348, 377, 379 ; exempted from
taxes, 380 ; order respecting, 382 ; officers
appointed, 401, 406, 428 ; freemen admitted,
428.
Idleness, to be punished, 528.
Impressment of men, arms &c. when authorized,
94 ; for war with the Dutch, 241.
Indians ; orders regulating trade with, in arms,
&c., 1, 74, 79, 138, 163 ; in corn, 11, 13, 19;
for beaver, 20 ; in venison, 74 ; on L. Island,
72 ; in timber, 214 ; in liquors, 47, 263, 338,
354; a general trade with, proposed, 113;
trade with Dutch and French prohibited, 197,
218; sale of horses, boats &c. to, prohibited,
284 ; rights of, protected, 14, 355 ; sachems
answerable for their tribes, 1 9 ; Indians not
to enter houses, handle arms &c., 52, 73, 106,
235, 294 ; in plantations, at night, may be
shot, if they resist, 46, 240 ; not to bring arms
into the towns, 294, 351 ; smiths not to work
for them, 74, 79 ; measures for redress of
wrongsdone by, 139, 146 ; admitted under the
government of the English, when, 139 ; lease
of lands to, prohibited, 142, 161; ordered to
deliver up their arms, 240 ; instructors provi-
ded for them, 265, 531 ; committee to counsel
and advise them, 288, 299 ; purchase of land
from, prohibited, 403 ; towns not to permit
stragglers to be harbored, 350 ; other orders
relatingjto, 293, 371, 375, 529.
of Stamford ; war declared against, 197.
Nimrod, prosecuted for killing swine, 226.
letter to commissioners, respecting hostilities
of the Narragansetts, 353, 576.
murders committed by, at Farmington, 294 ;
plot of 1642, 73.
See Pequots, Mohegans, Narragansetts, Un-
cas, Sowheag, Sequassen, &c.
Inhabitants ; admission of, 21, 96 ; qualifications
of, 293. 351 ; not to sell lands, without con-
sent of town, 351.
Inquest in case of sudden death, 42, 523.
Insolvent estate ; caveat how entered, 151, 518.
of Tho. Marshfield, 76, 89, 115, 137, 159.
Inspection, of pipe staves, 67 ; of yarn, 104 ; of
leather, 75, 287 ; of weights, and measures,
16,85, 100, 104, 159,541.
Interpreter; Tho. Stanton appointed, 10,175;
an allowance made to, 200 ; Jon. Gilbert ap-
pointed, 139.
Invasion, or insurrection ; penalty of, 78 ; pro-
visions in cass of hostile, 324,
Inventories of estates of deceased persons, when
and how taken, 31, 553 ; fees for recording, 31,
105. See Estates ; and Wills and Inventories.
Jamaica ; deputy sent from, 426 ; comm'r ap-
pointed for, 428 ; freemen admitted, 429.
Jurors, oath of, 57 ; fees of, 9 ; how paid in civil
actions, 55.
Juries ; a majority may give verdict, 84 ; may
be sent out a second and third time, 118, 536 ;
may consist of six or twelve, 118, 138, 535,
Killingworth ; see Hammonasset.
Kettle Brook ; a bound of Windsor, 7.
Labor ; price of, regulated, 52, 65, 205 ; repeal
of order regulating, 61.
Lands, to be recorded, 37 ; bounds of, to be
marked, by owners, 53 ; not to be sold with
out consent of the town, 35 1 ; not to be pur-
chased of Indians, 402 ; nor leased to them,
142; tenure of, 536; may be extended, for
payment of debts, 151.
Laws, to be revised and recorded, 36 ; how
enacted, 119; Mr. Ludlow desired to prepare
a code, 138, 154 ; adoption of code, and com-
pensation for recording, 216 ; how to be pub-
lished, 39 ; to remain in force under the char-
ter, 387, 440. Code of 1650, 509.
Leather; manufacture and inspection of, 60, 75,
162, 259, 285, 287, 298 ; sealers of their ap-
pointment and duties, 285, 286, 299, 377.
Letters, respecting the conveyance of, 441.
Licenses, to retailers, &c. 283, 289, 360, 375,
396, 418, 430 ; may be granted by magistrates,
283 ; by Gen. Court, 332. See Taverns ; and
Spiritous Liquors.
Lists, orders respecting, 360, 419, 429, 433.
See Rates.
Long Island ; orders respecting plantations on,
388-390, 423 ; taxes, how to be paid, 431 ;
power of magistrates there, 316, 336 ; payment
for losses by fire, 351 ; powers of comm'rs
there, 402 ; freemen's oath to be administered,
403 ; controversy with the Dutch respecting,
410, 413 ; Connecticut officers to forbear ex-
ercising authority there, 416 ; propositions
respecting jurisdiction, 423 ; towns ordered to
submit to Conn., 424 ; declared within char-
ter limits, 427 ; freemen admitted, 427, 428 ;
proceedings against John Scott, 418, 420, 421,
424, 430, 436. See Southampton, Easthamp-
ton, Setauket, Southold, &c.
Ludlow, Roger ; sent to treat with the Bay,
about the Pequot country, 10; deputy gov-
ernor, 27 ; commences a plantation at Uncoa,
35 ; desired to prepare certain laws, 42 ; mod-
erator of Part. Court, 86 ; requested to prepare
a body of laws, 138, 154 ; comm'r to the U.
Colonies, 222, 241.
Lying, to be punished, 68, 537.
Magazines, of ammunition to be provided, 15.
Magistrates, how elected, 22 ; to be nominated
previously, 22 ; oath of, 26 ; exempted from
training &c. 350, and from ferriage, 355 ; cer-
tain powers and duties of, 14, 21, 52, 58, 96,
277, 324, 350, 408.
Malt; distillation of, prohibited, 333.
Manhatoes ; see Dutch.
GENERAL INDEX.
601
Manstealing, punishable with death, 77.
Market ; weekly, at Hartford, 91.
Marriages; contract to precede covenant, 47,
48 ; to be recorded, 48, i06 ; without consent
of parents &c. prohibited, 92, 540.
Maratime Affairs ; employment of ship carpen-
ter, proposed, 74 ; supply of cordage, provided
for, 79 ; building of a ship, proposed, 80 ; en-
couragement to owners of Wethersfield ship,
200 ; masters of vessels not to weigh anchor
on Sunday, 247 ; seamen exempted from
training, &c. 31G.
Marshall ; fees of stated, 398, 540.
Mason, John ; commander against the Pequots,
9 ; sent to Agawam, 14 ; appointed military
officer, 15 ; sent to Warranoke, 17, 19 ; to de-
mand tribute from L. Island Indians, 70, 164 ;
to press soldiers for defence of Uncas, 94 ;
moves to Saybrook, 155, 156; Chippachaug
granted to him, 224 ; proposes to move to
Delaware, 227 ; sent to L. Island, to deal with
the Montauks, 295, 307 ; sent to examine sus-
picions of witchcraft at Saybrook, 338 ; sur-
renders land bought of Uncas, 359 ; acquit-
ted of charges brought against him, 403; grant
of farm to, 406 ; liberty to take up farm at
Pomakuck, 432.
Massachusetts ; combination with, proposed, 30,
82, 91 ; letter to be sent to, 412 ; boundaries
with Conn., 435 ; claims the Pequot country,
311, 389, 570,
Massacoe, 31 ; lands there to be disposed of, 71 ;
to be purchased, 161 ; committee to dispose of
lands there, 323 ; grant to Lt. Cooke, 246,
364, 367 ; bounds with Farmington, 376 ; lands
there to be laid out to inhabitants of Windsor,
397.
Massapeage ; contract of Richard Haughton for
purchase of, 309.
Mattabeseck, 31 ; settlement proposed, 146 ; com-
mittee, about lands there, 206 ; made a town,
224 ; to be rated, 228 ; named Middletown, 250.
Mattanag ; residence of Sequassen, 56.
Measures ; see Weights and Measures.
Menunketeseck, land at, granted Mr. Fitch, 282.
Middletown, named, 250 ; mill there, 333; com-
mittee to settle differences, 343 ; ordinary
keeper, 344; bounds of, 395, 413 ; church of,
(see Ecclesiastical affairs.)
Military Force ; repeal of former orders respect-
ing, 16 ; provision for training, 4; orders
respecting, 15, 30, 97, 125, 151, 222, 241 ;
subjects of, 15, 75, 542 ; who exempt. 15,
62, 316, 349, 350 ; general trainings, 266,
322 ; enrolment of troopers, 299, 309 ; their
privileges, 299, 381, 389 ; rank of compa-
nies determined, 390 ; penalty for disobe-
dience to officers, 432.
officers ; Capt. Mason appointed, and salary
stated, 15 ; officers, how chosen, 151 ; free
from watching, &c. 48 ; commissions to,
how issued, 429 ; of troops of horse, may
fill vacancies, 360 ; officer appointed at
Pequot, 187 ; at Farmington, 187 ,• at Weth-
ersfield, 194.
stores, to be provided, and how, 3, 4, 15, 30,
91, 93, 134, 165, 543 ; inspection of, 282,
350 ; cannon to be procured, 70, 74 ; pikes,
74 ; arrow-proof coats to be provided, 75 ;
arms or military stores not to be sold to for-
eigners, 138, 139, 145, 163;
ammunition &c. rec'dfrom England, 239,244.
Mills and Millers ; toll dishes to be provided,
331 ; toll regulated, 393 ; saw mills, 246,262.
Mines and minerals ; letter of John Winthrop
respecting, 222 ; encouragement to discover-
ers of, 223, 440.
Ministers ; see Ecclesiastical Affairs.
Moderator, of Gen. Court, when to be appointed,
256, 426.
Mohegan ; men to be impressed, for the protec-
tion of Indians there, 128 ; see Uncas.
Mr. Brewster's trading house, 209 ; petition
respecting a settlement there, 336 ; land for
John Tinker, at or near, 366. See Norwich.
Money ; value of rix dollars stated, 86.
Montacut (Montauk) Indians ; 295, 296.
Murder, punishment of, 77.
Mystick and Pawcatuck ; order respecting Wm.
Chesebrough, 200, 216 ; he appears before the
Court, 210 ; vessel seized at Pawcatuck, 239 ;
ministry there, 292 ; Indians, to retain plant-
ing ground, 250 ; proposed separation from
Pequot, 293, 299 ; to pay Mr. Blinman, 300 ;
order reelecting, 389 ; controversy with Mas-
sachusetts, about jurisdiction, 389, 405, 570-
572 ; instructions to Serg. Minor, 411 ; their
offences pardoned, 433 ; ordered to return
lists of estate, 434 ; commissioners appointed
there, 435. See Pequot ; and Pawcatuck.
Nameage, bounds of, 224.
Narragansetts ; expedition against, 261, 263,
273 ; hostilities with Uncas, at Niantic, 301 ;
letter to Comm'rs of U. Col. relating to, 576 ;
payment of wampum by, 355, 362. See
Kinigret.
New Haven ; committee to confer with about
measures against the Indians, 197 ; about the
ship &c. 244 ; to confer about union, 396 ;
charter or copy not to be sent there, 405 ;
committee to treat with, 407 ; declaration of
Gen. Court respecting, 415 ; letter to be sent
to, 415 ; to be required to submit, 437; mag-
istrates continued in office, 440 ; documents
relating to the union with, 586-590.
New London, named, 310, 313; grant to Jas.
Rogers, 340 ; petition from John Tinker, 347 ;
packer appointed, 347 ; provisions for courts
there, 352, 374 ; orders respecting bounds,
366, 374, 393, 397, 411, 413, 419, 429; ord-
nance loaned to them, 352 ; list makers fined
for errors in rating, 392, 405.
See Pequot, and Nanieag.
Newtown ; name changed to Hartford, 7.
Newtown, (L. Island); deputy sent from, 406;
comm'r for, 428 ; freemen admitted, 430.
New York, committee appointed to visit, — and
settle bounds, 435.
Niantic ; (Nianticut) land there granted to Capt.
Mason's soldiers, 208, 228, 230 ; meadow
granted to Pequot, 209, 221 ; right of ferry, to
Gov. Winthrop, 357.
Niantic Indians ; see Ninigret and Narragan-
setts.
Ninigret ; payment for E. Pomry's mare, de-
manded from, 227 ; war with, declared, 261.
Norwottuck ; 14, 294, 302.
602
GENERAL INDEX
Norwalk, provision respecting settlement of, 210 ;
made a town, 224 ; subject to rule of rating,
223, 355 ; difference with Fairfield, 242 ;
with the Indians, 353 ; bounds of, 414, 418 ;
orders respecting, 235, 277, 357 ; fined for
neglect to return lists, 279, 360.
Norwich, committee to be sent from, about its
admission as a town, 374 ; grant to, from
Uncas, to be recorded, 393 ; freemen accepted,
406. See Mohegan.
Oaths, forms of, 25, 26, 54, 62, 545 ; of fidelity,-
to whom administered, 139,293; of allegi-
ance, to be taken, by householders, 439.
Orders ; see Laws.
Ordinaries ; keepers of, to be appointed in each
town, 103 ; orders respecting, 154,338, 533.
Overseers of towns ; see Townsmen.
Oyster Bay 5 commissioner for, appointed, 428.
Packers, to be appointed, 391 ; at N. London, 347.
Pacomtuck(et) ; 14, 294, 302.
Particular Court ; see Court, Particular.
Patent : enlargement of, sought, 126 ; Mr. Fen-
wick requested to go to England, to attend,
128 ; measures for procuring a new, (see
Charter) ; the old, never transferred to the
colony, 268, 568, 586.
Pawcatuck ; liberty for a trading house there,
to Tho. Stanton, 204 ; grant to Mr. Haynes,
234, 250, 298. See Mystick and Pawcatuck.
Peage ; not to be received unless well strung,
179, 546 ; price of fixed, 61, 79.
See Wampum.
Penal laws, to be published &c. 39.
Pequannock ; proceedings of Mr. Ludlow, 35 ;
court to be erected there, 36 ; difference with
Mr. Prudden, 36 ; to send deputies, 36 ; bounds
of, to be settled, 47, 62, 68 ; oath for freemen
there, 54. See Stratford.
Indians ; 28, 348 ; see Golden Hill.
Pequot Indians ; war declared agamst, 9 ; pro-
visions for prosecution of, 9, 10, 11 ; pay-
ment of expenses of, 12 ; expedition
against, 32.
country ; committee appointed to view, 60 ;
grant to Capt. Mason and his soldiers, 70 ;
lands to be disposed of by Part. Court, 71 ;
controversy with Massacliusetts, respect-
ing, 311,335, 570.
plantation of ; Mr. Winthrop commissioned a
magistrate, 164, 179 ; freed from public
charges, 185 ; boundaries of, 185, 208, 221;
court erected there, 186 ; name of Fair
J/arior recommended, 186 ; orders respect-
ing, 233, 251, 256, 265 ; proceedings in re-
lation to M. and Pawcatuck, 293, 299, 300 ;
ordinary, licensed there, 276, 285, 292 ;
support of ministry at, 292 ; dispute with
Uncas about lands, 434 ; named JVew Lon-
don-, 310, 313; listof estates, 311.
See New London ; Nameage ; Mystick and
Pawcatuck.
Petitions to Gen. Court ; fee on entry of, 38.
Pewter-pot brook ; north bound of Wethers-
field, 7, 8.
Physicians and surgeons ; Jasper Gunn, exemp-
ted from watching &c. 298 ; Tho. Lord, al-
lowed a compensation, 234 ; Dan. Porter's
salary stated, 279, 290, 377.
Pipe staves ; size and price, regulated, 69, 79 j
inspection of, 67 ; exportation of, 200.
Pitch and tar, manufacture of, 91, 114,248 ; first
made by J. Griffin, 410.
Pleas, to be filed with Secretary, before trial, 85.
Plymouth ; letter to be sent to, about Warwick,
220 ; sale by, to Windsor, 53.
Podunk Indians ; their quarrel with Sequassen,
304 ; orders respecting them, 307, 344, 371 ;
lands to be laid out, 344 ; agreement with
Tho. Burnam, 345, 346, 364.
Poisoning, punishable with death, 77.
Pomakuck ; farm granted Maj. Mason there, 432,
Poquannock ; see Pequannock.
Pounds and pound breach ; orders respecting,
379, 546.
Powder ; see Military Stores.
Prison ; repairs of, 230 ; addition to be made to
430. See House of Correction.
Provisions, not to be exported, 236, 258, 383 ;
to be reserved for public use, 240, 383.
Public debts ; see Debts.
Pyquag ; name of Wethersfield, 19.
auakers, orders respecting, 283, 303, 308, 324"
Quinnabaug, proposed settlement there, by Gov.
Winthrop, 337 ; inhabitants of, admitted to
jurisdiction, 337.
Quinnipiac; 28, 31, 32, 35,58.
See New Haven.
Quorum, of Gen. Court, how formed, 24, 119;
of Comm'rs of U. Colonies, 157.
Rape, punishable with death, 77.
Rates; levy of, 12, 30, 32, 48, 79, &c.
to be collected by treasurer, 12 ; apportion"
ment of, 25; for repair of fort, 95, 139 ;
in what articles payable, 13, 61, 69, 79,
550; collection of, 113,213,215,284, 357,
362, 391, 393, 547 ; assessment of, 59, 380,
390, 548.
Real Estate ; see Lands.
Rebellion ; how punished, 78.
Recognizances, fees on, 196.
Recorders, to be cho.sen in each town, 37, 552 ;
to record lands, 37 ; marriages and births, 48,
305; deeds and mortgages, 38, 83; wills and
inventories, 38.
Records, of penal laws &c., to be made in each
town, 39; of marriages &c. 48, 105; copies,
how authenticated, 38 ; to have force in other
colonies, 179 ; orders respecting, 551-554.
Registers ; see Recorders.
Replevin ; bond to prosecute, to be given, 105.
Retailers ; see Licenses.
Rhode Island ; fugitives harbored by, 220 ; com-
mission to Tho. Baxter, 253 ; bounds with, to
be settled, 435.
River, purchase of ; see Saybrook ; and Fenwick,
George.
Robin Cassasinamon ; allowed to retain the Mo-
hegan (or Pequot) tributaries, 292 ; note res-
pecting him, 292 ; Mohegans to remain with,
(Seano,) 340 ; land to be set out for, 440.
Rum ; see Spirituous Liquors.
Sales, at excessive rates, prohibited,
of land, to be recorded, 37, 152, 552 ; by offi-
cer, on execution, 152 ; after caveat en-
ter ed, void, 152.
GENERAL INDEX
603
Salt, proposed manufacture of, on L. Island, G8.
Saybrook ; tax for repairs of fort, 95, 139, IGl ;
orders respecting, 128, 161; dwelling house
to be erected, 187, 188, 200, 206 ; lay out of
lands, 188 ; fencing of common fields, 232 ;
grant to, from Mr. Fenvvick, 282; provisions for
defence of, 237, 238 ; order respecting farm
at 6 mile island, 333; proposed settlement of
Mohegan, 336; ferry authorized, 391; en-
forcement of town orders, 353; proposed
plantation east of river, 419; orders respect-
ing, 418, 429.
purchase of; see Fenwick, George.
Seal, of the colony; order respecting, 386.
Sealers ; see Weights and Measures ; and Leather.
Seamen, exempted from training, 316.
Secretary ; election of Mr. Hopkins, 27 ; to re-
cord grants of land &c. 38 ; to cause laws to
be published, 39, 555 ; fees on entry of civil
actions &c. 196, 277 ; for recording, 277,
331; on licenses to retailers, 333; compen-
sation for recording code of 1650, 216 ; in-
crease of fees, 277.
Secrets, of the Court; penalty for disclosing, 39,
520.
Select men ; see Townsmen.
Sequassen ; reference to treaty with, 28 ; Rich.
Lyman complains against, 33 ; a friend of the
English, 56 ; lived at Mattanag, 56 ; charged
with plotting against the English, 73 ; allied
with Uncas, against the Podunks, 304 ; Major
Mason's testimony respecting his defeat by
Uncas, 434.
Sequin ; see Sowheag.
Servants ; see Apprentices.
Setauk(et;) petition from, 341; admitted to ju-
risdiction, 365 ; committee to settle matters
there, 406 ; called Ashford, 421 ; commis-
sioner appointed, 428.
Sheep ; at what value rated, 349.
Sickness ; intercourse with New Netherlands
suspended, during prevalence of, 398 ; among
the Indians, 398.
Sodomy, punishable with death, 77.
Soldiers ; see Military Force.
Southampton ; admitted to jurisdiction, 129 ;
copy of combination with, 566 ; complaint of
Jonas Wood, 281 ; difference with the In-
dians, 295, 316 ; letter to be sent to, 307 ;
powers of magistrates, 336 ; orders respect-
ing, 134, 348, 368, 402; acts of court there
approved, 414.
Southold ; admitted to jurisdiction, 386 ; letter
from, 386 ; freemen accepted, 388 ; magis-
trates appointed, 390, 402, 428 ; privileges
confirmed, 406.
Sowheag (Sequin ;) Wethersfield purchase from,
5 ; murderers harbored by, 31 ; accounted an
enemy, 58 ; implicated in Indian plot, 73 ;
preparations for war against, 74 ; difficulties
with Wethersfield, 1 9 ; land reserved for his
posterity, at Wonggum, 434.
Spirituous Liquors; sale of .prohibited, 100;
regulated, 154, 263, 283, 331, 332, 533 ; sale
to Indians prohibited, 255, 263 ; not to be
imported, 255, 322 ; duty on, 255, 332.
Springfield ; declaration of the Court, respect-
ing the payment of fort rate by, 189.
See Agawam.
Stamford, admitted to jurisdiction, 388 ; order
respecting, 403 ; account of constables there,
(for pursuit of regicides,) disallowed, 393 ; de-
clared to belong to Connecticut, 410, 411.
Stanton, Thomas ; sent to Warranoke, 17 ; ap-
pointed interpreter, 19 ; allowed to make a
voyage to L. Island, 72 ; quarrel with Rich.
Lord, 94 ; controversy with Math. Allyn, 123 ;
his salary discontinued, 139; restored, 175,
200 ; liberty to erect trading house at Pawca-
tuck, 204 ; sent to Narragansett, 227 ; pro-
ceedings against, 303 ; fined, 306; comm'r at
Myjtick and Pawcatuck, 435.
Staves ; see Pipe Staves.
Stonington ; 570. See Mystick and Pawca-
tuck ; and Pequot.
Stratford ; magistrates sent there, 86 ; letter
to be sent to, 105 ; ferry, 163 ; complaint
about mode of rating, 201 ; assistants appoint-
ed, 233, 252; constables fined for neglect,
278 ; bounds of, 281. 367, 402 ; troop raised,
351 ; difference with Lt. Seely, 403.
See Cupheage and Pequannock.
Stubbornness, of children ; law to be provided
against, 80, 138 ; how punished, 78, 515.
Sumptuary law \ relating to excess in dress, 64.
Surveyors of highways ; see Highways.
Swine: orders respecting, 1,64,83,118, 131,
188, 214, 291, 557.
Tanners and Curriers ; see Leather,
Tantonimo ; his quarrel with Sequassen, 304 ;
agreement with Tho. Burnam, 346, 347.
See Podunk Indians.
Tar ; see Pitch and Tar.
Taverns ; see Ordinaries.
Taxes ; see Rates.
Thanksgiving, days of, appointed, 33, 113,201,
209, 212, 225, 235, 262, 266, 279, 285, 307,
325, 343, 357, 373, 412, 435 ; to be appointed
by magistrates, in recess, 277.
Theft; punished, 110, 115; by Indians, how
punishable, 52.
Timber ; orders for presentation of, 60, 67.
Tobacco; use of, regulated, 53, 146, 153, 558;
duty on imported, 380.
Toll, on exports, payable to Mr. Fenwick, 119-
122 ; of millers, regulated, 393.
Towns, powers of, 36-39; clerks of, 37, 38,
105, 151 ; bounds of, 512.
Townsmen, how appointed, — and their duties,
37, 101, 118, 214.
Trade ; right of, at Waranocoe, granted to Mr.
Hopkins, 57 ; at Pawcatuck, to Tho. Stanton,
204; at Mohegan, by Jon. Brewster, 209;
with the Dutch, prohibited, 114, 197 ; restric-
tions on, removed, 261, 391, 402.
Treasurer ; appointed, 12, 27 ; orders respecting,
26, 30, 31, 68; allowance of salary tj, 307.
See Rates.
Trespasses, by Indians, to be paid by the Sa-
chems, 19; by cattle, law to be provided
concerning, 60 ; damages, how assessed, 558.
Tribute, of the seaside Indians, called for, 52 ;
Sequassen exonerates himself from, 56 ; due
from L. Island Indians, 79, 164.
Tunxis ; (Unxus [Sepus ;) committee to view,
42 ; orders respecting planting of, 52 ; hostile
meeting of Indians there, apprehended, 133;
plantation there, named Farmington, 133.
604
GENERAL INDEX.
Uncas ; treaty with proposed, 28, 32 ; men sent
to abide with, 65 ; permitted to enter the
plantations, 106 ; proposed war, for the de-
fence of, 130; order respecting, 186; differ-
ence with Pequot, 251, 256 ; beleaguered by
the Narragansetts, 301 ; provision for his de-
fence, 302 ; allied with Sequassen, against the
Podunlts, 304, 306 ; agreement with Rich.
Haughton, 309 , refuses to pay a fine, 355 ;
his grant to Norwich to be recorded, 393.
Uncoa ; (Uncoway ;) Mr. Ludlow's proceedings
there, 35, 4 1 ; bounds with Pequannock, 47 ;
tribute from Indians there, 52 ; bounds with
Cupheage, 53; court established, 53 ; magis-
trates sent there, 86 ; letter to be sent to,
about rating, 105.
Union with New Haven. See New Haven.
United Colonies ; acts of, respecting maintenance
of ministers, 112 ; poor scholars, at Cam-
bridge, 1 12 ; force of verdicts, in other colo-
nies, 113; sale of ammunition &c. to foreign-
ers, 113 ; wampum, 179.
"UnxusSepus; 42,_52. See Tunxis.
Verdicts, may be given by a majority of the jury,
84 ; to be of force in the other colonies, 113 ;
may be varied by the court, when, 118, 138 ;
may be given by jury of 6 or 12, 118 ; special,
when to be given, 85.
Wages ; orders regulating, 52, 61, 65, 205 ; may
be paid in corn, 61.
Wampum ; value of stated, 13, 61, 79 ; to be
well strung, 179, 546.
War ; with the Pequots, 9-12 ; with Stamford
Indians, 197, 198 ; with the Dutch, 241, 244,
259; with Ninigret and the Niantics, 130;
against Sowheag, proposed, 58, 74.
Warranoke(-ocoe); exclusive trade with, granted
Mr. Hopkins, 57 ; Indians, 14, 17.
Warrants, for collection of fines, 151 ; in civil
actions, 196 ; for election, 23.
Warwick; reference of question of jurisdiction,
to the Comm'rs of U. Colonies, 220.
Watch and Ward, to be maintained in all the
towns, 1, 28, 560 ; who exempt from, 15, 48
62, 99, 234,298, 349, 350 ; orders respecting
74, 196, 350 ; constable to give charge to
403.
Watertown ; breadth of, to be surveyed, 3
church covenant approved, 2 ; controversy
with Lieut. Seely, about lands, 4, 49 ; name
changed to Wethersjield, 7.
Weights and Measures ; standards of, how reg-
ulated, 16, 85, 99, 104, 159, 541.
Westchester ; included in charter limits, 387 ;
committee to report about settlement of, 403 ;
to settle differences there, 406 ; accepted as a
town, 411 ; officers appointed, 412, 426.
Wethersfield ; named, 7 ; boundaries, 7 ; pur-
chase from Sowheag, 2 ; treaty with Sequas-
sen, 28 ; desire a plantation at Tunxis, 42 ;
ask an answer respecting Uncoa, 41 ; consta-
ble sworn, 43 ; difference with Mr. Smith, 45,
87, 90 ; agreement with the adventurers, 4,
49, 63; number of the guard, decreased, 162 ;
ship, owned there, 200 ; first settled, of the
River towns, 513.
See Watertown ; and Ecclesiastical Affairs.
Wickford, named, and officers appointed, 407.
Wills and Inventories ; orders respecting, 34,
179 ; to be proved and recorded, 38, 553 ;
fees for recording, 105, 277, 556.
record of ; of Wm. Butler. 482 ; Ed. Ghalkwell,
492 ; Rob. Day, 487 ; John Elsen, 480 ;
Wm. Frost, 465 ; Giles Gibbs, 504 ; Tho.
Hooker, 498 ; John Horskins, 483 ; Eph.
Huit,458; Blaynch Hunt, 457 ; Wm. Lo-
tham, 474 ; Rich. Lyman, 81, 442; Tho.
Nowell, 506 ; Jas. Olmstead, 446 ; Henry
PacksC?) 56 ; John Porter, 475 ; John Par-
kas, 466 ; Tho. Scott, 453 ; Henry Smith,
502 ; Wm. Spencer, 449 ; Joyce Ward. 451 ;
Wm. Whiting, 493 ; Geo. Willis, 468 ; Ed.
Veir, 463.
For Inventories &c. of intestate estates,' see
Estates.
Windsor ; named, 7 ; bounded, 7, 8, 72 ; bridge
and meeting house built, 42 ; constable
sworn, 43 ; purchase from Plymouth, 53 ; ferry
established, 71, — and granted, 174, 281,298,
310, 394 ; families Uving remote from neigh-
bors, 196 ; petition of inhabitants of, 312 ;
church ; see Ecclesiastical Affairs.
See Dorchester.
Wine ; see Spirituous Liquors.
Winthrop, John ; commissioned to execute jus-
tice, at Pequot, 157 ; a magistrate, there, 164 ;
nominated magistrate, 179 ; made free, 207 ;
letter from, respecting mines &c., 222 ; resi-
ded at Nameag, 224 ; chosen governor, 297 ;
requested to reside at Hartford, 298, 301, 306 ;
grant to, at Quinnabaug, 337 ; ferry at Nianti-
cut, 357 ; prepares the address to the King,
367 ; agent to procure charter, 368, 579'; al-
lowance to, 369 ; acknowledgment of his ser-
vices to the colony, 416.
Witchcraft, punishable with death, 77 ; suspi-
cions of, at Saybrook, 338 ; case of Jos. Gar-
lick, from L. Island, 573. -'
Wolves ; bounty for killing, 149, 561 ; to be paid
by the towns, 377 ; penalty for taking from
the pit of another person, 283 ; repeal of or-
der granting a bounty to Indians for killing, 367.
ERRATA
9, ] 2th line from bottom, for only, leai any.
32, loth line from top, for John, read Jehu.
C7, in list of deputies, for John Burr, read Jehu Burr.
75, 7th line from bottom, for [49] read [911.
144, 17th line from bottom, for Fiske, read Fiske.
151, 16th line from bottom, for [169] read [164].
207, in list of deputies, for JVaJA; Griswold read Math: Griswold.
280, in list of magistrates, John Clarke ; the first name is partially erased, in the original.
343, 3d line from top, for 50, read 59.
472, 2d line from bottom, (in note,) for page 122, read page 136.
487, 19th line from top, for 1848, read 1648.
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