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'' • OOfeS^NOT CiRCUuMC

PUBLIC RECORDS ^p''

OF THE

COLONY OF CO?(NECTICUT/^

FROM MAY. 1744, TO NOVEMBER, 1750, INCLUSIVE.

TRANSCRIBED AND EDITED IN ACCORDANCE WITH A RESOLUTION OF THE
GENERAL ASSEMBLY.

By CHARLES J. HOADLY,

STATE LIBRARIAN.

HARTFORD:
PRESS OF THE CASE, LOCKWOOD & BRAINARD CO.

1876.

DOES HOT

CIRCULATE

PREFATORY NOTE.

This volume contains the remainder of Volume VII. of the
manuscript Records of the Colony of Connecticut, from page 222,
together with the first fifty-one pages of Volume VIII., and covers
the period from May, 1744, to the death of Governor Law and the
election of Governor Wolcott, in November, 1750.

In the Appendix will be found the Proceedings of the English
Privy Council on the Appeals of Samuel Clark against Thomas
Tousey and others, relative to the Law governing the Descent and
Distribution of Intestate Estates, 1737-1745, and also Queries from
the Board of Trade, with the Answers thereto, 1748-9.

For the time covered by this publication neither the Journals

of the Governor and Council, of the Committees of War, nor of

either branch of the General Assembly, save that of the Lower

House at the May session 1744, are now among the State archives.

C. J. H.
State Library, Hartford,

December 28th, 1875.

THE PUBLIC RECORDS

OP THE

COLONY OF CONNECTICUT.

[Volume VII. , Page 222.]

Anno Regni Regis Creorgii secundi decimo-septimo.

Connecticutt ^
Colony. \

At a General Assembly holden at Hartford in his Maj-
esty's English Colony op Connecticutt in New England
IN America, on Thursday the 10th day of May, (and
continued by several adjournments until the first
day of june next following,) annoque domini 1744.

Present :
The Honourable Jonathan Law, Esq., Governor.
The Honbie Roger Wolcott, Esq., Deputy Governor.

James Wadsworth, Esq., ^ WiUiam Pitkin, Esq., ^

Nathaniel Stanly, Esq., | Tiiomas Fitch, Esq.,

Joseph Whiting, Esq., I Roger Newton, Esq., \Assist-

Ozias Pitkin, Esq., f Ebenezer Silliman, Esq., ' ants.

Timothy Pierce, Esq., j Jonathan Trurable, Esq.,

Samuel Lynde, Esq., ) John Bulkley, Esq., ^

Representatives or Deputies that attended at the Assembly are
as fol/oiv, (viz :)

Capt. John Marsh, Mr. Joseph Buckingham, for Hartford.

Mr. Jeremiah Miller, Mr. Richard Durfey, for New London.

Capt. Eleazer Carey, Colo. Jabez Huntington, for Windham.

Capt.Theophilus Nickols, Colo. Edmund Lewiss, for Stratford.

Colo. Jonath" Hoit, Capt. Jonath" Maltbey, for Stand ford.

Mr. Asahel Strong, Capt. Hez^ Lee, for Farmingtown.

Capt. Joseph Phelps, Mr. Benjamin Skinner, for Hebron.

Capt. Leicester Grosvenour, Mr. Timothy Sabin, for Pomfrett.

2 PUBLIC RECORDS [May,

Colo. William Preston, Mr, Noah Hinmaii, for Woodberry.

Mr. Paul Welch, Mr. John Warner, for New Milford.

Mr. John Humphrey, Mr. James Case, for Symsbury.

Mr. James Benedict, Capt. Richard Olmstead, for Ridgefield.

Mr. Thomas Benedict, Capt. Ebenezer Hickcox, for Danbury.

Major Ebenezer Marsh, Capt. Joseph Bird, for Litchfield.

Mr. Jonathan Lane, Capt. Elnathan Stephens, for Killing-
worth.

Mr. John Hitchcock, Capt. Jonath" Allen, for New Haven.

Major Andrew Burr, Mr. Thaddeus Burr, for Fairfield.

Mr. Joshua Huntington, Colo. Hez'^ Huntington, for Norwich.

Capt. Johii Fowler, Mr. Robert Treat, for Milford.

Mr. Joseph Strong, Capt. Thomas Porter, for Coventry.

Mr. Ebenezer West, Mr. Gershom Clark, for Lebanon.

Colo. John Dyer, Mr. Solomon Tracey, for Canterbury.

Capt. Natli' Harrison, Mr. Jonathan Russell, for Brandford.

Capt. Nath' Foot, Mr. Epapliras Lord, for Colchester.

Mr. Samuel Riggs, Mr. Abell Gun, for Derby.

Colo. Christopher Avery, Mr. John Ledyard, for Groton.

Mr. Josiah Conant, Capt. Thomas Storrs, for Mansfield.

Mr. Joseph Leavinze, Mr. Joseph Cadey, for Killingly.

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say-
brook.

Mr. Samuel Fitch, Mr. Thomas Benedict, for Norwalk.

[223] Mr. Joseph Denison, Mr. Simeon Minor, for Stoning-
town.

Mr. Hezekiah Brainerd, for Haddam.

Capt. John Mead, Mr. Jabez Mead, for Greenwich.

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury.

Major Daniel Ely, Capt. Samuel Selden, for Lyme.

Colo. Samuel Hill, Mr. Benjamin Hand, for Guilford.

Major Jabez Hamlin, Capt. Thomas Johnson, for Midletown.

Colo. Benjamin Hall, Capt. Elihu Hall, for Wallingford.

Capt. Roger Wolcott, Major Henry Allyn, for Windsor.

Mr. Jolm Dixson, Mr. Charles Campbell, for Yoluntown.

Mr. Steplien Horsmer, j^, for East Haddam.

Mr. Samuel Morgan, Capt. Ebenezer Leonard, for Preston.

Mr. Ebenezer Knowlton, Mr. James Watkins, for Ashford.

Major Elihu Chauncey, Mr. Nathan Camp, for Durham.

Mr. Jolni Crary, Capt. Thomas Stephens, for Plainfield.

Mr. Jolin Southmaid, Capt. Samuel Heacocks, for Waterbury.

Capt. Elizur Goodrich, Capt. Jonathan Belden, for Weathers-
field.

Major Andrew Burr, Speaker, ) of the House of Repre-
Capt. John Fowler, Clerk, ) sentatives.

This day being appointed by the royal charter and the laws

1744.] OF CONNECTICUT. 3

of this Colony for the election of the publick officers of the
Colony, viz : Governor, Deputy Governor, Assistants, Treas-
urer, and Secretary, — proclamation was made, and the free-
men proceeded to bring- in their votes to persons appointed
by the Governor, Council and Representatives, to receive, sort
and count them ; (which persons were : Nathaniel Stanly,
Esq., Timothy Pierce, Esq., Samuel Lynde, Esq., Wilham
Pitkin, Esq., Thomas Pitch, Esq., Roger Newton, Esq., Eben-
ezer Sillinian, Esq., Jonathan Trumble, Esq., John Bulkley,
Esq., Mr. Joseph Buckingham, Major Jabez Hamlin, Colo.
Benjamin Hall, Major Elihu Chauncey, Mr. John Ledyard,
Mr. Joshua Huntington, Mr. Thaddeus Burr, Mr. Thomas
Benedict, jun"", Mr. Gershqm Clark, and Capt. Thomas Storrs,)
who were all sworn to a faithful discharge of that trust.
And the freemen's votes being brought in, sorted and counted,

The Honourable Jonathan Law, Esquire, was chosen Gov-
ernor of this Colony for the year ensuing, and the Governor's
oath, prescribed by the law of this Colony, and tlie oath re-
quired by act of Parliament, relating to trade and naviga-
tion, were administered to him by his Honour the Deputy
Governour in the presence of the Assembly.

The Hon^ie Roger VVolcott, Esq., was chosen Deputy Gov-
ernor of this Colony for the year ensuing, and was sworn by
his Honour the Governor, according to law, in the presence
of the Assembly.

James Wads worth, Esq. William Pitkin, Esq.

Nathaniel Stanly, Esq. Tliomas Fitch, Esq.

Joseph Whiting, Esq. Roger Newton, Esq.

Ozias Pitkin, Esq. Ebenezer Silliman, Esq.

Timothy Pierce, Esq. Jonathan Trumble, Esq.

Samuel Lynde, Esq. John Bulkley, Esq.

were chosen Assistants for the year ensuing, and had the
Assistants' oath, provided by law, administered to them by his
Honour, tlie Governor.

[224] Colonel John Whiting was chosen Treasurer of this
Colony for the year ensuing, and had the Treasurer's oath, pro-
vided by law, administered to him by his Honour the Governor.

George Wyllys was chosen Secretary of this Colony for the
year ensuing, and had the Secretary's oath, provided by law,
administered to him by his Honour the Governor in the pres-
ence of the Assembly.

This Assembly do appoint the Honourable Roger Wolcott,
Esq., to be Chief Judge of the Superior Courts in this Colony
the year ensuing.

This Assembly do appoint James Wadsworth, Esq., Joseph
Whiting, Esq., William Pitkin, Esq., and Ebenezer Silliman,

4 PUBLIC RECORDS [May,

Esq., to be Judges of the Superior Courts in this Colony the
year ensuing.

This Assembly do appoint William Pitkin, Esq., to be
Judge of the County Courts in the county of Hartford the
year ensuing.

This Assembly do appoint Roger Newton, Esq., to be Judge
of the County Courts in the county of New Haven for the
year ensuing.

This Assembly do appoint Samuel Lynde, Esq., to be Judge
of the County Courts in the county of New London the year
ensuing.

This Assembly do appoint John Burr, Esq., to be Judge of
the County Courts in the county of- Fairfield the year ensuing.

This Assembly do appoint Timothy Pierce, Esq., to be
Judge of the County Courts in the county of Windham the
year ensuing.

This Assembly do appoint Joseph Buckingham, Esq., to be
Judge of the Court of Probate in the district of Hartford for
[the] year ensuing.

This Assembly do appoint Joseph Whiting, Esq., to be
Judge of the Courts of Probate in the district of New Haven
the year ensuing.

This Assembly do appoint John Richards, Esq., to be Judge
of the Courts of Probate in the district of New London the
year ensuing.

This Assembly do appoint John Burr, Esq., to be Judge of
the Courts of Probate in the District of Fairfield the year
ensuing.

This Assembly do appoint Timothy Pierce, Esq., to be
Judge of the Courts of Probate in the district of Windham
tlie year ensuing.

This Assembly do appoint Samuel Hill, Esq., to be Judge
of the Courts of Probate in the district of Guilford the year
ensuing.

This Assembly do appoint Joseph Minor, Esq., to be Judge
of the Court of Probate in the District of Woodberry the
year ensuing.

This Assembly do appoint Jonathan Hoit, Esq., to l)e
Judge of the Court of Probate in the district of Standford the
year ensuing.

Tills Assembly do appoint John Bulkley, Esq., to be Judge
of the Court of Probate in the district of East Haddam the
year ensuing.

1744.] OP CONNECTICUT. 5

This Assembly do appoint Ebenezer Marsh, Esq., to be
Judge of the Court of Probate in the district of Litchfield the
year ensuing.

This Assembly do appoint John Marsh, Thomas Welles,
John Chester, Henry AUyn, Esqrs., to be Justices of the
Peace and Quorum in and for the county of Hartford the
year ensuing.

[225] This Assembly do appoint Joseph Buckingham,
George Wyllys, Joseph Talcott, Samuel Mather, Roger Wol-
cott, jun^, David Goodrich, Jonathan Hale, John Hooker,
William Wadsworth, Thomas Hart, John Hart, Giles Hall,
Jabez Hamlin, Joseph White, Hezekiah Brainerd, Samuel
Olmstead, Stephen Horsmer, jun^, Nathaniel Foot, Benjamin
Skinner, Joseph Phelps, John Bissell, Samuel Chapman,
Thomas Pitkin, Zebulon West, John Humphrey, Joseph
Wilcox, John Buel, Ebenezer Marsh, David Whitney, John
Beach, Timothy Hatch, Thomas Johnson, Epaphras Lord,
Esqrs., to be Justices of the Peace in and for the county of
Hartford the year ensuing.

Ordered, That Samuel Lynde, Esq., and Capt. Jedadiah
Chapman return the thanks of this Assembly to the Reverend
Mr. William Worthington, for his sermon delivered before the
Assembly on the 10th instant, and desire a copy thereof, that
it may be printed.

This Assembly do establish and confirm Mr. John Manning
to be Captain of the second company or trainband in the
town of Windham, and order that he be commissioned ac-
cordingly.

This Assembly do establish Mr. Samuel Cook to be Lieu-
tenant of the second company or trainband in the town of
Windham, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Zebulon Webb
to be Ensign of the second company or trainband in the town
of Windham, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Curtiss
to be Lieutenant of the third company or trainband in the
town of Waterbury, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. John Warner
to be Ensign of the third company or trainband in the town
of Waterbury, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Hubbard
to be Lieutenant of the 9th company or trainband in the 7tli

6 PUBLIC RECORDS [May,

regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Cornelius
Knowles to be Captain of the company or trainband in the
parish of Midle-Haddam, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Daniel Collins
to be Ensign of the 9th company or trainband in tlie 7th reg-
iment of this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Abraham Bart-
lett to be Captain of the second company or trainband in the
town of Durham, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Nathaniel
Seaward to be Lieutenant of the second company or trainband
in the town of Durham, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Adonijah
Morris to be Ensign of the second company or trainband in
the town of Durham, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Daniel Chap-
man to be Captain of the company or trainband in the town
of Ridgefield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Mathew
Benedict to be Lieutenant of the company or trainband in the
town of Ridgefield, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Joseph Halley
to be Ensign of the company or trainband in the town of
Ridgefield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Benjamin
Lotlirop to be Lieutenant of the Troop in the 3d regiment in
this Colony, and order that he be commissioned accordingly.

[226] This Asembly do appoint Ebenezer West, Shubael
Conant, Esqrs., to be Justices of the Peace and Quorum in
and for the county of Windham the year ensuing.

This Assembly do appoint Jonathan Trumble, Esq., to be
of the Quorum in the county of Windham the year ensuing.

This Assembly do appoint Joseph Strong, Joseph Leavinze,
Leicester Grosvenour, Peter Buel, Joseph Cadey, Thomas
Storrs, John Crary, Ebenezer Dow, Joseph Fowler, Thomas
Tiffany, John Dyer, Nathaniel Huntington, Ebenezer Gray,

1744.] OF CONNECTICUT. 7

Gershom Clark, Ebeuezer Holbrook, Joseph Palmer, John
Fitch and Nathaniel Wales, jun"", Esqrs., to be Justices of the
Peace in and for the county of Windham the year ensuing.

This Assembly do appoint William Pitkin, Esq., Jonathan
Trumble, Esq., Colo. Thomas Welles, Mr. Epaphras Lord, Mr.
Robert Treat, Colo. Christopher Avery, Mr. Thomas Benedict
and Capt. Gershom Clark, Auditors to audit the Treasurer's
accounts with this Colony, and make report to the Assembly.

This Assembly do appoint Mr. Ebenezer Lyman of Torring-
ton to be a Justice of the Peace in and for the county of Hart-
ford the year ensuing.

This Assembly do establish and confirm Mr. Daniel St.
John to be Lieutenant of the second company or trainband in
the town of Norwalk, and order that he be commissioned
accordingly.

This Assembly do establish Mr. Elnathan Hanford to be
Ensign of the second company or trainband in the town of
Norwalk, and order that he be commissioned accordingly.

This Assembly do establish and confirm Samuel Hubbard
Burdick to be Ensign of the 5th company or trainband in the
town of Stoningtown, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel
Sackett to be Captain of the 5th company or trainband in the
town of New Haven, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Pier-
pont to be Lieutenant of the 5th company or trainband in
the town of New Haven, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. James Todd to
be Ensign of the 5th company or trainband in the town of
New Haven, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Merwin,
jun"", to be Ensign of the company or trainband at the parish
of Wilton, and order that he be commissioned accordingly.

This Assembly do establish and confii-m Mr. Samuel Sher-
wood to be Captain of the company or trainband at Greens-
Farms in Fairfield, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Benjamin
Rumsey to be Lieutenant of the company or trainband in the
town of Fairfield, at Greens-Farms, and order that he be .
commissioned accordingly.

8 PUBLIC RECORDS [May,

This Assembly do establisli and confirm Mr. Thomas Nash
to be Ensign of the company or trainband at Greens-Farms
in the town of Fairfield, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Gershom Clark
of Lebanon to be Captain of the first company or trainband
in the town of Lebanon, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Jonathan Case
to be Ensign yf the first company or trainband in the town
of Lebanon, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Manoah Smith
to be Ensign of the first company or trainband in the town of
Glassenbury, and order that he be commissioned accordingly.

[227] This Assembly do appoint Capt. Edward Bulkley
to be a Justice of the Peace in and for the county of Hart-
ford the year ensuing.

An Act appointing a Court of Probate in the County of Fairfield, and
for Limiting the District thereof.

Be it enacted hy the Grovernor, Council and Mepresentatives
in Greneral Court Assefnhled, and by the authority of the same,
That the towns of Danbury, Newtown and New Fairfield, all
in the county of Fairfield, be one entire district for holding a
court of probate, and shall be known by the name of the Dis-
trict of Danbury; and said court shall be held by one judge
and a clerk, with powers and privileges as the other courts
of probate in this Colony have ; and in all cases where the
law allows of appeals, they shall be made to the superior court
to be holden at Fairfield.

An Act for advancing- the Fare of the Ferry over Stratford River at
Potatuck, called Hubbel's Ferry.

Resolved hy this Assembly, That the fare of said ferry for
the future shall be, for man, horse and load, three pence
lawful money, or twelve pence old tenour ; for each single
person, horse, ox or other neat cattle, two pence, lawful
money, or eight pence old tenour ; and one penny lawful
money, or four pence old tenour, for eacli sheep or swine.

This Assembly do establish and confirm Mr. John Starr
to be Ensign of the second company or trainband in the town
of Danbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. George Hol-
loway to be Captain of the company or trainband in tlie town
of Cornwall, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Rob-
erts to be Lieutenant of the company or trainband in the town
of Cornwall, and order that he be commissioned accordingly.

1744.] OF CONNECTICUT. 9

This Assembly do establish and confirm Mr. Nehemiali
Messeno-er to be Ensign of tlio company or trainband in the
town of Cornwall, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Joseph Wors-
ter to lie Captain of the Troop of Horse in the 4th regiment
in this Colony, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Hezekiah
Treadwell to be Lientenant of the Troop of Horse in the 4th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. William Hill
to be Cornet of the Troop of Horse in the 4th regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establisli and confirm Mr. Joshua Al)ell
to be Lieutenant of the second company or trainband in the
town of Norwich, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Ebenezer
Weed to be Lieutenant of the second company or trainband
in the town of Standford, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Nathaniel Webb
to be Ensign of the 2d company or trainband in the town of
Standford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Siind-
ford to be Captain of the first company or trainband in the
town [of] Litchfield, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Kil-
bonrn to be Lientenant of the first company or trainband in
the town of Litchfield, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Supply Strong
to be Ensign of the first company or trainband in the town of
Litchfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jacob Loomiss
to be Captain of the south company or trainband in the town
of Colchester, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Azariah

10 PUBLIC RECORDS [May,

Loomiss to be Lieutenant of the south company or trainband
in the town of Colchester, and order that he be commissioned
accordingly.

[228] This Assembly do establish and colifirm Mr. John
Kesson to be Ensign of the north company or trainband in
the town of Voluntown, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Edward Phelps
to be Captain of the second company or trainband in the
town of Litchfield, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Benjamin
Webster to be Lieutenant of the second company or trainband
in the town of Litchfield, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Pygan Addams
to be Ca])tain of the second company or trainband in the town
of New London, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Colefox
to be Lieutenant of the second company or trainband in the
town of New London, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel Green
2d to be Ensign of the 2d company or trainband in the town
of New London, and order that he be commissioned accord-
ingly.

This Assembly' do establish and confirm Mr. David Bissell
to be Ensign of the north company or trainband on the east
side of the great river in the town of Windsor, and order
that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Enno
to be Captain of the first company or trainband in the town
of Windsor, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Phelps
to be Lieutenant of the first company or trainljaud in the
town of Windsor, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Hemp-
stead to be Lieutenant of the first company or trainband in
the town of New London, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Daniel Starr

1744.] OF CONNECTICUT. 11

to be Ensign of the first company or trainband in the town
of New London, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Cook to
be Captain of the first company or trainband in the town of
Hartford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Good-
win to be Lieutenant of the first company or trainband in the
town of Hartford, and order that he be commissioned accord-
ingly.

This Assembly dcf establish and confirm Mr. Richard Good-
man to be Ensign of the first company or trainband in the
town of Hartford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Fennel Child
to be Lieutenant of the 2d company or trainband in' the town
of Killingly, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Edward Con-
vers to be Ensign of the 2d company or trainband in the town
of Killingly, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Gideon Good-
rich to be Captain of the 3d company or trainband in the
town of Weathersfield, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Warner
to be Lieutenant of the 3d company or trainband in the town
of Weathersfield, and order that he be commissioned accord-
ingly.

This Assembly do appoint Mr. Daniel Edwards, to prose-
cute and implead before this Assembly Benjamin Pumroy of
Hebron, clerk, upon two informations exhibited against said
Pumroy by the King's attorney in the county of New Haven
to this Assembly in their sessions at said New Haven in
October last, or on any other matters that shall be objected
against said Pumroy on his Majesty's behalf.

Upon the memorial of Joseph Judson of Woodberry, pray-
ing to this Assembly that his son Nathan Judson, of Wood-
berry, may be released from putting in of his head into the
list for the future : Granted by this Assembly, that the said
Nathan Judson shall, and is for the future hereby released
from putting in his head into the publick list of this Colony.

[229] Upon the memorial of John Turner jun"", of Hart-
ford, praying to this Assembly to be discharged of paying
rates for his head : Resolved by this Assembly, that the said

12 PUBLIC RECORDS [May,

John Turner jun"". is hereby released and discharged of pay-
ing rates for liis head.

Upon the petition of Thomas Moore of Windsor, shewing
to this Assembly that one Caleb Phelps of Windsor did take
out an execution on the 15th day of Novemlier last, on a
judgment of the county court held .at Hartford on the first
Tuesday of November last, against John Soper of Windsor,
for the sum of twelve pounds four shillings and ten pence
debt and cost, lawful money, whicli execution, soon after, was
by said Phelps delivered to the petitioner, as he was one of
the constables of Windsor, to levy on S9,id Soper : but, by
some means unknown, said execution was utterly lost before
the same was ever levyed, nor has anything ever been re-
ceived of the said Soper in satisfaction of said judgment or
any part thereof, and thereby the petitioner is exposed utterly
to lose said money, &c. ; and thereupon praying that the
petitioner may be allowed to take out another execution on
said judgment against said Soper, &g. : Whereupon it is
resolved by this Assembly, that the execution taken out by
Caleb Phelps on said judgment, on the 15th of said Novem-
ber, and now supposed to be lost, shall be void, and the same
is hereby declared to be null and void, and that the petitioner
be allowed to take out another execution on the judgment of
the said county court, &g.

On the memorial of the inhabitants of Torrington in Hart-
ford county, praying for a tax on those lands in said town
which were taxed by this Assembly for the support of the
gospel ministry in said town, at their sessions in October, 1740,
to continue for the space of three years then next : Resolved
by this Assembly, that all those lands in said Torrington,
that have been taxed as aforesaid, shall be taxed at three
pence per acre old tenour currency, to be paid annually for
the. space of four years, to be computed from the last day of
October, 1743 ; and the same to be collected by such collect-
ors as said inhabitants shall choose for that purpose ; and the
same to be improved for the support of the gospel ministry
in said Torrington.

Upon the memorial of the ancient or prime society in
Woodberry, praying to this Assembly to appoint a committee
to affix a place in said society whereon to build a meeting-
house : Resolved by this Assembly, that Colo. Benjamin
Hall, Mr. John Southmaid and Capt. Samuel Hickcox, be a
committee to repair to said society, view their circumstances,
and hear the parties fully on the premises, and affix a place
for the inhabitants to build a meeting house upon, and make
report to this Assembly in October next.

1Y44.] OF CONNECTICUT. 13

Upon the memorial of John Grey and Elizabeth Grey,
executors of tlie last will and testament of Natlianiel Grey,
late of Fairfield, deceased, praying to this Assembly for liberty
to sell so much of the deceased's lands as will pay the sum of
eighty-eight pounds two shillings and ten pence in bills of
credit old tenour, with the necessary charges arising thereon :
Resolved by this Assembly, that the said executors be im-
powered, and they are hereby impowered and authorized, to
sell so much of the deceased Nathaniel Gray's land as will
pay the sum of eighty-eight pounds two shillings and ten
pence in bills of credit old tenour, and the necessary charges
arising thereon, taking the advice of tlie court of probate in
the district of Fairfield.

On the memorial of Ebenezer Barnes and otliers, inhabit-
ants of that tract of land in Farmingtown called the Second,
Third, Fourth, Fifth and Sixth Divisions, lying west of the
Reserved Lands, (so called,) praying to be formed into a
distinct ecclesiastical society, as per their memorial on file
appears : Resolved by this Assembly, that the memorialists
shall, and are hereby made a distinct ecclesiastical society,
with the limits of five miles square of the second, third,
fourth, fifth and sixth divisions, lying west of the reserved
lands in Farmingtown, beginning at the northwest corner of
the parish of Southington at Waterbury line, from thence
north with said line five miles, and from thence eastward five
miles to the highway dividing the first and second tier of lots
in said divisioiis, and from thence southward five miles, and
from thence westward five miles to the northwest corner of
Southington ; and are hereby vested with the same jjowers
and privileges as distinct ecclesiastical societies in this Colony
by law are invested with, and be called and known by the
name of New Cambridge.*

On the memorial of Samuel Clark of Symsbury, praying
this Assembly to free him, the said Clark, Irom paying rates
for his head : Resolved by this Assembly, that the said
Samuel Clark be discharged, and he is hereby discharged,
from paying any rate whatsoever for his head for the future.

[230] Upon the memorial of the inhabitants of Goshen,
praying for a tax to be raised on tlie lands that are already
laid out and the lands that are granted to be laid out in
said Goshen : Resolved by this Assembly, that all the lands
already laid out in said Goshen, and those lands that are
granted to be laid out, be taxed at two pence per acre old
tenour money yearly, for the space of four years next ensuing,

*Now Bristol.

14 PUBLIC RECORDS [May,

exclusive of the college farm, the minister's right and the
parsonage right ; and the money raised by the said tax to
be improved for the support of the gospel ministry in said
Goshen according to the established way of this Colony. And
the said town are hereby inijDOwered to choose collectors from
year to year, to collect said tax money ; and the said collectors
shall be under the same regulation, and have the same power,
as town collectors are under and have by the laws of this
Colony.

Upon the memorial of Caleb Peckham of Hhoad Island,
&c., mason, administrator on the goods, debts, rights and
credits of Robert Peckliam, late of Newport, deceased, shew-
ing to this Assembly that the said Robert's estate in said
government is not sufficient to pay said Robert's debts by
<£136 -Is. 9-hd- old tenour, and there being in the township of
Kent, in the Colony of Connecticut, one hundred acres of
land of the said Robert's estate, praying this Assembly would
order that so much of said deceased's land, aforesaid, might
be sold to pay the sum of X136 4s. 9^d. old tenour, with the
necessary charges arising on the sale thereof: This Assem-
bly grants liberty to the said Caleb Peckham, to sell so much
of the lands belonging to the said Robert Peckham's estate,
in the township of Kent aforesaid, as will be sufficient to pay
the sum of one hundred and thirty-six pounds four shillings
and nine pence half-penny old tenour, with the necessary
charges arising thereon, taking the advice of the court of
probate in the district of Litchfield therein.
■ Upon the memorial of Jonathan Trumble, William Buel,
Eunice Porter and Peter Buel, administrators on the estate
of Nathaniel Porter late of Lebanon, deceased, shewing to
this Assembly that the debts due from said estate do sur-
mount the personal estate of the said deceased the sum of
£1150 10.9. Od. in old tenour bills, and praying this Assembly
to grant liberty to sell so much of the real estate of the said
deceased as shall be sufficient for the payment of said debts,
(fee. : This Assembly grants liberty to the said administrators,
to make sale of so much of the lands of said deceased as
shall be sufficient for the payment of the said debts with the
necessary charges arising tliereon, taking the direction of the
court of pro'oate in the district of Windham.

Upon the memorial of Jonah Smith and Thomas Smith,
both of Ridgelield, praying that Isaac Smith and David Smith,
sons of Thomas Smith late of said Ridgelield, deceased, by
reason of natural disability, l)cing both deaf and dumb, may
be exemi)ted from being rated for their polls : Resolved by

1744.] OP CONNECTICUT. 15

this Assembly, that Isaac Smith and David Smith, sons of
Thomas Smith late of Ridgcfield, deceased, shall, and are
hereby exempted and released from being rated for their polls
in the publick list for the future.

Resolveo^ hy this Assembly, That the Secretary of this
Colony be desired to sort, date and file in pi-oper order, all
the ancient papers that now lye in disorder and unfiled in his
office, before the sessions of this Assembly in October next;
and that he receive, as a reward for his service, the sum of
five pounds lawful money out of the publick treasury of this
Colony.

On the petition of Anne Winthrop of New London, as she
is attorney to her husband John Winthrop, Esq"", of said New
London, now residing in London in Great Britain, vs. John
Richards, Esqi", of New London, and Margaret Douglass and
William Douglass, executors of the last will and testament of
Richard Douglass late of New London, deceased : The ques-
tion was put, whether the pleas offered in abatement of the
said petition are sufficient : Resolved by this Assembly in
the affirmative. And upon the motion of the petitioner for
liberty to amend the petition, &c. : The question was put,
whether the petitioner should have liberty to amend the peti-
tion : Resolved by the Assembly in the negative.

[231] On the petition of Samuel Penoyr of Stanford in
the county of Fairfield vs. Gerrardus Drake of Mamorineck
in the county of West Chester and Province of New York,
on file : The question was put, whether the matters alledged
and contained in the said petition are sufficient to support the
prayer thereof: Resolved by this Assembly in the negative.

Cost allowed respondent is XI Is. ^d. Ex. granted June Xst.,
1744.

Upon the memorial of Daniel Chapman and Richard Osborn
of Ridgefield, administrators on the estate of Peter Cooley
late of Ridgefield, deceased, with his will annexed, shewing
that the debts due from said estate surmount the personal
estate the sum of fifty-two pounds ten shillings and five pence
more than what was allowed by this Assembly last October,
and praying for liberty and authority to sell so much of the
real estate of said deceased as will be sufficient to answer the
same with tlie charges arising thereon: Resolved by this
Assembly, that the memorialists have liberty to sell so much
of the real estate of said deceased as will be sufficient to
answer the said sum of fifty-two pounds ten shillings and five
pence old tenour with tlie cliarges arising thereon ; and the
memorialists are hereby authorized and substituted to make

IG PUBLIC RECORDS [May,

sale of the said real estate for tlie purpose aforesaid, taking
the direction of the court of proljate in and for the district of
Standford therein.

On the memorial of Roxl)nry parish in Woodberry, praying
for a committee to affix a place whereon to build, a meeting
house in said parish : Resolved by this Assembly, that Colo.
Benjamin Hall of Wallingford, Mr. John Southmaid and Capt.
Samuel Hick cox, both of Waterbury, be a committee to re-
pair to said parish of Roxberry, to view said parish and affix
the place therein for the inhabitants of said parish to build a
meeting house upon, and make report of their doings in the
premises to the General Assembly in October next.

The Additions to the Lists of Estate of the several To-wns in this

Government hereafter mentioned, sent in to this

Assembly, are as follow, (viz :)

Fourfold Assessments.

Single

Adda

ions.

To Symsbury,

692

To Stoningtown,

945

To Windsor,

1719

To New London,

2454

To Colchester,

To Killingsworth

, 292

To Haddam,

171

To New Milford,

203

To Groton,

874

To Mansfield.

268

To Milford,

612

To Weatliersfield

, 849

To Derby,

To Ash ford,

354

To Brandford,

212

To Lyme,

1422

To Guilford,

223

To Coventry,

220

To Woodberry,

105

To Greenwich,

1709

To Ridgefield,

To Plaiufield,

688

To Hebron,

334

To Pomfrett,

369

To New Haven,

1833

To Windham,

750

To Killingly,

608

To Le!,anon,

919

To Norwalk,

416

301

6013

620

350

818

120

147

158

144 8 0

893 18 0
29 12 0

424 0 0
690 12 0

177

1286

250

1744.]

CONNECTICUT

To Norwich,

151

To Preston,

646

5 -

To Stratford,

216

To Sajbrook,

506

0 -

To Fairfield,

1287

To Standford,

4063

5 -

To Farmingtown.

, 298

To Hartford,

289

•8

0 -

To Glasseubury,

767 7 6
73 12 0

1197

333

150

[232] This Assembly do establish and confirm Mr. Rufus
Minor to be Captain of the Troop in the 8th regiment in this
Colony, and order that he be commissioned accordingly.

This Assembly do estal)lish and confirm Mr. Roger Billings
to be Lieutenant of the Troop in the 8th regiment in this
Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Wals-
worth to be Cornet of the Troop in the 8th regiment in this
Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Elijah Stanton
to be Quarter-Master of the Troop in the 8th regiment in this
Colony, and order that he be commissioned accordingly.

Whereas this Assembly is informed that there is a certain
tract of land lying within the bounds of this Colony on the
west side of Ousatunuck River, lying withiil the following
bounds, (yiz:^ said river on the east, Sharon on the north.
New Fairfield on the south, adjoyning on the west to the
dividing line between the Province of New York and this
Colony, on which tract some persons are entered and others
said to be claimers of some part, having derived no title
thereunto by or under this Colony,

Resolved hy this Assembly^ That Colo. Joseph Minor and
Colo. William Preston be a committee, in the behalf and at
the cost of this Colony, to view said tract of land, examine
the rights or pretensions of the claimers and those that have
entered thereon, and make report of what they find and the
circumstances respecting the same to the General Assembly
in October next.

Upon the petition of Jerusha Worster of Derby, adversus
Jeremiah Way man of said Derby, shewing to this Assembly
that the said Wayman obtained a writing in form of a deed
purporting a conveyance of all the petitioner's lands in said
Derby, which bears date the first day of Marcli, A.D. 174f,
and is under the hand and seal of the petitioner, which the
said Jeremiah Wayman, by taking advantage of the peti-

18 PUBLIC RECORDS [May,

tioner's incapacity, who at that time appears to have been won
compos mentis, obtained by fraud and deceit, without any con-
sideration given or secured therefor ; and thereupon praying
for relief in the premises : Resolved by this Assembly, that
the said writing, being obtained as aforesaid, is and ought to
be declared void, and the same is hereby declared to be void
and not the act and deed of the petitioner ; and therefore it
is hereby enacted and declared, that the said writing shall
not be pleaded nor given in evidence in any court in this
Colony in any action or process had or that shall hereafter be
had, moved or depending, of or concerning any of the lands
or real estate mentioned or described in the said writing.

Upon the petition of John Calkins, of Sharon in the county
of New Haven, representing to this Assembly that one John
Leach, of Woodberry in Fairfield county, bro't his action upon
book-debt against the petitioner to Fairfield county court,
demanding eleven pounds six shillings lawful money, by a
writ dated the 22d day of June, 1744,* in which action
judgment went against the petitioner upon default, at the
adjourned county court held in Fairfield on the first Tuesday
of January last, and that through the accidental mistake and
misunderstanding of the petitioner's attorney, and the intelli-
gence given to the petitioner, when the said Leach ought not
to have one penny of the petitioner, had he the opportunity
of defending himself; praying for a new tryal of said case:
Resolved by this Assembly, that the aforesaid judgment be
reversed, and the same is hereby reversed, and the petitioner
have a tryal of said case at the county court to be held at
Fairfield in and for the county of Fairfield, on tlie third
Tuesday of November next, and that the future cost follow
the said tryal.

An Act for advancing the ToU or Fare of the Bridge that crosses the
River in Symsbury.

Resolved hy this Asseynbly, That, for the future, the toll or
fare of said bridge shall be, for each single person, one half
penny lawful money, or two pence in old tenour bills ; and
for each man, horse and load, one penny lawful money, or
four pence in old tenour bills ; and for each team, three
pence lawful money, or twelve pence in old tenour bills ; and
for cattle, one half-penny per head in lawful money, or two
pence in old tenour bills.

[233] Whereas this Assembly is informed that the naval
officers in this Colony have paid to the Treasurer of this
Colony divers sums of money collected by them for impost
on rum since the first of May, A.D. 1737, and hav6 taken

*Sic. 1743?

1744.] OF CONNECTICUT. 19

the Treasurer's receipts therefor annually, but liave never
lodged the same witli the Secretary, whereby no account is
brought against the Treasurer in the several audits since that
time : Resolved by this Assembly, that tlie present naval
officers, and the naval officers for the time being, lodge the
receipts which they have taken, and from time to time shall
take, of the Treasurer, for the said impost, in the hands of
the Secretary of this Colony, wlio is hereby directed to give
his receipt therefor when desired.

Upon the memorial of Martha Comestock, &c., of New
London in the county of New London, administratrix on the
estate of Peter Comstock of said New London, deceased,
representing to this Assembly that the debts due from the
estate of said Peter Comestock and paid by said administra-
trix, and also sundry debts still due, together with some losses
on said estate and necessaries set out unto the widow, charge
of administration, with some allowances for extraordinary
charge in nurturing her small children, all which amounting
to the sum of X'218 lis. 6d., and that the inventoried move-
able estate of said deceased amounts in the whole to the sum of
£82 ils. 6d., so that the debts and allowances aforesaid exceed
tbe moveable estate the sum of X136 O.s. Od. old tenour :
Whereupon it is resolved by this Assembly, tbat the said
Martha Comestock and John Comestock, of said New Lon-
don, are hereby authorized and impowered to sell so much of
the lands of the said deceased as shall be sufficient to pay
the said sum of X136 Os. Od. old tenour, and all necessary
charges arising thereby, taking the advice of the court of
probate for tbe district of New London.

Upon the memorial of Nathaniel Green, Joseph Peck and
others, inhabitants of the town of Cornwall, praying this
Assembly for a tax upon the land of said township, to defray
the ministerial charges and building a meeting house in said
town : This Assembly grants and orders a tax of four pence,
old currency, per acre upon three hundred acres of each
right in said township laid out or agreed to be laid out, and
that the same tax to begin on the first day of July next and
be collected by Mr. Matthew Millard of said Cornwall, and
improved for the defraying the ministerial charges and build-
ing a meeting house in said town.

This Assembly do appoint Colo. Samuel Hill, Colo. Benja-
min Hall, Mr. John Southmaid and Capfc. John Fowler, to be
Justices of the Peace and Quorum in and for the county of
New Haven for the year ensuing.

This Assembly do appoint Samuel Bishop, Isaac Dickerman,

20 PUBLIC RECORDS [May,

John Hubbard, Samuel Gun, Robert Treat, Theopliilus Yale,
Samuel Hall, Elihu Hall, John Riggs, Samuel Bassett, John
Russell, William Gould, Jonathan Russell, Andrew Ward,
Benjamin Hand, Samuel Hopson, Elihu Cliauncey, Samuel
Hickcox, Roger Brown son, Samuel Canfield, Nathaniel Bost-
wick, John Woodward, Samuel Riggs, Samuel Hutchinson,
Esq''^ to be Justices of the Peace in and for the county of
New Haven the year ensuing.

This Assembly do appoint Thomas Benedict, Esq"", Judge
of the Court of Probate in and for. the district of Danbury
the year ensuing.

Whereas the Reverend Mr. John Owen of Groton, pastor
of the church of Christ in the first society in said town, was
brought before this Court by virtue of a precept issued out by
order of this Assembly in October last, to answer to sundry
matters alledged against him, relating to his defamatory and
invective speeches against the laws and authority of this
government : And whereas, the said Mr. John Owen, person-
ally appearing, presented to this Assembly a confession under
his hand, asking pardon for what he had done amiss, and
promising to teach and yield due obedience to the authority
and laws of this government for the time to come : There-
fore, this Assembly, taking into consideration the reflections
the said Mr. John Owen hath made upon himself, and con-
sidering the circumstances of the said Mr. Owen and the
difficulty of the times, do charitably hope the said defamatory
and invective speeches proceeded rather from a misguided
conscience and over-heated zeal than from contempt of the
[234] laws and authority of this government, and hoping
he will walk more orderly for the time to come, and being
willing to shew all tenderness to tbe said Mr. John Owen,
considering his character and circumstances, do accept of
the said confession, and thereupon order that he be dismissed,
paying the cost of his prosecution, which is the sum of
£4 lis. 6d. lawful money.

Upon the representation made to this Assembly by Jedadiah
Chapman, Samuel Morgan and Joseph Bird, members of the
House of Representatives in this Assembly, informing this
Assembly that, on the 22d day of May instant, at Hartford
in the county of Hartford, William Leet, of Guilford in the
county of New Haven, did then and there, in the hearing of
the said informers and others, speaking of the General Assem-
bly, utter and publish the following words, (viz:) I don't know
who you be, I don't know but you are members of the Assem-
bly. If you be, 1 don't care. If I can't answer them by

1744.] OF CONNECTICUT. 21

ballarag, I can by small sword. And also then and there
said unto Joseph Bird, knowing him to be one of the said
•House of Representatives, You are a lying, scounderling,
ill-bred fellow, meaning the said Bird : Resolved by this
Assembly, that the Secretary of this Colony shall issue forth
a warrant forthwith, to apprehend the said William Leet and
bring him before this Assembly, to answer to the foremen-
tioned complaint and to be thereon dealt with as this Assembly
shall order.

This Assembly do appoint Edmund Lewiss, Andrew Burr,
John Thompson, Jonathan Hoit, William Preston, Esqr% to
be Justices of the Peace and Quorum in and for the county
of Fairfield the year ensuing.

This Assembly do appoint John Burr, Joseph Minor,
Samuel Hanford, Samuel Hoit, Jonathan Maltbie, Nathaniel
Peck, Ebenezer Mead, James Lockwood, John Betts, Benja-
min Hickcox, James Benedict, Ebenezer Smith, James Beebe,
Thomas Benedict, Job Sherman, Noah Hinman, Joseph Black-
leach, Theophilus Nickols, Robert Walker, Samuel Addams,
John Read, Samuel Sherwood, Thaddeus Burr, Thomas Tou-
sey, Ebenezer Stephens and Richard Olmstead, Esq""', to be
Justices of the Peace in and for the county of Fairfield the
year ensuing.

Upon the memorial of Zeliulon West, of Tolland, and
Sarah his wife, shewing to tliis Assembly, that the debts
and charges due from the estate of Mr. David Slueman,
late of Lebanon, deceased, surmount the personal estate
of said deceased the sum of X245 7s. '2d. old tenour, and
that the real estate of said David* Slueman amounts to the
sum of X950 Os. Qd. old tenour; praying to this Assem-
bly for liberty to sell so much of the said Slueman's lands
as will pay the said sum of £245 7s. 2^., together with
the necessary charges arising thereon : Resolved by this
Assembly, that the said Zebulon West and Sarah West liave
liberty to sell, and they are hereby impowered to sell, so much
of the said David Slueman's lands as will amount to the sum
of <£245 7s. 'Id. old tenour, with the necessary charges arising
thereon, taking the direction of the court of probate in the
district of Windham therein.

Upon the memorial of Benjamin Wetmore, jr., Josiah Wet-
more, jun"", and others, members of the first society in Midle-
town living in the most southerly part of said society, repre-
senting to tliis Assembly that tbey live so far from the stated
place of publick divine worship in said society that they can-
not conveniently attend, and that the said society are able

22 PUBLIC RECORDS [May,

without the memoriaHsts to support the ministerial charges,
and that the memorialists are able among themselves to sup-
port the charges of that nature ; praying that they may be a
distinct ecclesiastical society with certain bounds and limits
as set forth in said memorial, and that a committee may be
appointed to repair witbin said limits and view the circum-
stances of the memorialists, in respect to their being a dis-
tinct ecclesiastical society, and make report of what they
find, and their opinion thereon, to this Assembly in October
next: Resolved by this Assembly, that Major Elihu Chauncey,
Mr. Hezekiah Brainerd and Capt. Edward Bulkley, be a com-
mittee to repair to said place and view the circumstances of
the memorialists in respect to their being a distinct ecclesias-
tical society, and make report thereof to this Assembly in
October next, at the cost of the memorialists.

[235] Upon the memorial of Martha Tubbs, of Lyme in
the county of New London, the wife of Isaac Tubbs of said
Lyme, shewing to this Assembly that about sixteen years ago
her said husband was seized with distraction, under which he
still remains, and that the use of his estate hath been almost
wholly improved for his support, and that she is reduced to
great straits and difficulties to live, and that since his said dis-
traction she hath had laid out to her about six acres of wild
land which is, as it lyes, altogether unprofitable ; and praying
that some proper person may be impowered to sell said land,
and see that the money is disposed of to her use : Resolved
by this Assembly, that Capt. John Lee, of said Lyme, be
appointed and impowered with the said Martha Tubbs, to sell
said land at their best discretion ; and the said Lee is hereby
directed to take effectual care that the money procured by the
sale thereof be improved to the best advantage of the said
Mary Tubbs.

Upon the memorial of Samuel Willard of Saybrook, ad-
ministrator on the estate of Zachariah Sanford late of said
Saybrook, deceased, shewing to this Assembly that the debts
due from said estate surmount the personal estate the sum of
twenty-three pounds one shilling and ten pence old tenonr,
and praying for liberty to sell so much of the lands of said
deceased as will amount to the said sum with the necessary
charges of selling the same : This Assembly grants liberty
to the said Samuel Willard, to sell so much of the lands of
the said deceased as will amount to the sum of <£23 Is. lOd.
with the necessary charges arising thereon, taking the advice
of the court of probate in the district of Guilford therein.

Upon the petition of Seth Payn of Stafford in said county,

1744.] OF CONNECTICUT. 23

representing to this Assembly that on the 7tli of August,
1734, he was ordained and settled in the gospel ministry in
said town, and therein continued for sundry years, (viz:^ the
24th of July, 1740, during which time the inhabitants of
said Stafford had agreed to allow him as his salary the sum
of one hundred pounds per annum, to be paid equivalent to
silver at twenty shillings per ounce, and also thirty cords of
wood a year; and that they, the said inhabitants, were a
great sum in arrear to him for his continuance in said work
amongst them during the term aforesaid and relief in the
premises, as at large in his petition on file, dated April 20th,
1744, doth appear: Resolved by this Assembly, that a com-
mittee be appointed, and Colo. Jonathan Trumble, Esq"", of
Lebanon, and Colo. John Chester, of Weathersfield, and Mr.
James Church, of Hartford, are hereby appointed and im-
powered to be a committee to enquire into the matters set
forth in said petition, by hearing and examining the parties
and other witnesses, under oath or otherwise, and any other
evidence by them to be produced, and thereupon of what they
on such enquiry shall find just and equitable to make their
report to the General Assembly to be holden at New Haven
in October next.

Upon the petition of John Moses, of the town of Symsbury
in the county of Hartford, to this Assembly, shewing that
the petitioner brought his action against Theophilus Wood-
bridge of said Symsbury before the adjourned county court
held at Hartford on the last Tuesday of January, A. D. 174i,
on a promissory note of the hand dated June the 15th, A. D.
1741, demanding the sum of twenty pounds money; in which
action the then county court gave a final judgment against
the petitioner, and that said action was lost by the petitioner's
missing his plea in said court, &c., and the petitioner there-
upon praying this Assembly to reverse and set aside the
judgment of the said county court in said cause, and give the
petitioner another tryal of said cause at the county court to be
held at Hartford in November next, and that the petitioner
have liberty to alter hi^ plea, and the cost may follow the
final trial : Wiiereupon it is resolved by this Assembly, that
the aforesaid judgment of the said county court in January
last be set aside, and the same is hereby set aside and declared
null and void, and the petitioner is allowed another tryal
of said cause at the county court to be held at Hartford
in the county of Hartford on the first Tuesday of November
next, and that the parties are allowed to alter their pleas
in said cause, and that the future cost only follow the final
tryal.

24 PUBLIC RECORDS [May,

Whereas Joseph Meacham, of Windham, brought to this
Court his memorial, shewing that the debts and charges
arising on the estate of Jeremiah Meacham, late of Wind-
ham, deceased, amounted to the sum of ,£201 Id. Os. in bills
of credit old currency, more than his personal estate ; pray-
ing this Assembly for liberty to sell so much of the real
estate of the said Jeremiah Meacham, deceased, as to pay the
sum aforesaid : Resolved by this Assembly, that the said
Joseph Meacham be authorized, and he is hereby impowered
to sell so much of the real estate of the abovesaid Jeremiah
Meacham, deceased, as to pay the sum abovesaid with the
necessary charges arising thereon, taking the advice of the
court of probate in the county of Windham.

[23ti] Upon the petition of James Evarts, of Guilford in
the county of New Haven, representing to this Assembly that
upon a judgment of the superior court lield in Hartford on
the first Tuesday of March last, given against the said Evarts
in favour of Tiiomas Stow, of Midletown in Hartford county,
for the sum of thii-ty-one pounds seven shillings and eleven
pence lawful money, for debt and cost, execution was taken
out, dated tlie 14th day of the same month of March, and
put into the hands of Return Meiggs, one of the constables
of said Midletown, to serve, to whom it was directed, who,
without notifying the petitioner, on tlie 2d day of April last
proceeded to levy the said execution on one hundred acres of
the petitioner's land in said Midletown, and that ninety-six
acres of said land, by apprizers under oath for that purpose,
was apprized and set off to the said Stow, to answer the said
judgment with the cost arisen, abating <£3 10s. Od. which was
paid and endorsed on said execution, which land is bounded
as follows : beginning at a beecli tree the northwest corner
of Ebenezer Scranton's land, and from thence running in the
north line of said land west four degrees south one hundred
and thirty-eight rods to a blaek oak bush marked and stones
about it, then turning and running south about 9 degrees
east, as the west line of the said Scranton's lot is, 120 rods
to the north line of Warner's land, 'then east four degrees
north 138 rods to said Scranton's southwest corner, then to
the first-mentioned station ; which said doings were endorsed
on said execution, and the same returned into said clerk's
office to be recorded ; representing also, that the said land
was prized in gross, and much under the value thereof: And
whereas it does not appear tliat the petitioner, when the said
execution was levyed on his lands, had any notice given him
that he might be present when the same was done and the

1744.] OP CONNECTICUT. 25

lands apprized off: It is resolved, enacted, decreed and
ordered by this Assembly, that the doings of the said Return
Meiggs, constable, and the said apprizers, and the said en-
dorsements on said execution, be vacated, null and void, and
the same are hereby made null and void.

Upon the memorial of Samuel Pierce, Isaac Farewell, and
sundry other of the inhabitants of the second society in Mans-
field, shewing to this Assembly their dissatisfaction with the
doings of the committee reporting to this Assembly a place
they had pitched upon for the society to build a meeting house
upon for divine worsliip : Resolved by this Assembly, that
John Bulkley, Esq"", Capt. Roger Wolcott and Capt. Joseph
Phelps, be a committee fully authorized and impowered to
repair to the said society, view their circumstances, hear their
pleadings, and pitch upon a place in said society for the
inhabitants thereof to build a meeting house upon for divine
worship, and make report of their doings to the Assembly in
October next, at the charge of the memorialists.

Upon the memorial of Jacob Fuller, of Wellington in the
county of Hartford, shewing lie hath been at the expence and
charge of keeping Reuben Goff, an idiot, one of the poor of
this Colony, and praying for allowance for time past, and for
quarterly allowance for time to come : Ordered by this
Assembly, that there shall be paid out of the publick treasury
to the said Fuller, for keeping said Goff the time past, seven-
teen pounds old tenour bills, and twenty shillings per week
like bills for so many weeks as the said Fuller shall keep and
provide for said Goff, to be paid quarterly : provided this
allowance do not continue for more than the space of four
years next coming.

Resolved hy this Assemhlij, That the fare of the ferry over
Stratford River, at Potatuck, commonly called Hubbel's ferry,
for the future shall be, for man, horse and load, three pence
lawful money, or twelve pence old tenour ; for a single per-
son, or horse, ox and all neat cattle, two pence lawful money,
or eight pence old tenour ; and for each sheep or swine one
penny lawful money, or four pence old tenour.

On the memorial of Esther Hill, administratrix on the
estate of Isaac Hill late of Wallingford, deceased, shewing
that further debts on said estate appear, praying liberty to
sell land to answer the same, &c. : Resolved by this Assem-
bly, that the memorialist shall, and is hereby enabled to make
sale of so much of the land of the deceased's estate as shall
raise X27 19s. 'id. in old currency, with incident charges

26 PUBLIC RECORDS [May,

arising, for tlie purpose aforesaid, under the direction of the
court of probate in the district of New Haven.

Upon the memorial of the towns of Stoningtown and
Groton, praying for a committee to establish the bounds
and line between said towns: Resolved by this Assembly,
that Messrs. Simon Lothrop, Richard Hide and Ebenezer
Hartshorn, all of Norwich, be a committee with full power to
run the line and ascertain the bounds between said towns, at
the cliarge of the memorialists, and make report to this
Assembly, at their sessions in October next.

[237] Upon the memorial of John Belden of Hartford,
praying to tbis Assembly that he may be exempted from
putting in his head into the publick list of this Colony for the
future, on account of lameness in his hand : Resolved by
this Assembly, that the said memorialist shall be exempted,
and he is hereby exempted, from putting in of his head into
the publick list of this Colony for the future.

This Assembly do appoint Mr. Stephen Hempstead of New
London to be Surveyour of Lands for the county of New
London.

This Assembly do establish and confirm Mr. Nathaniel
Olcott to be Lieutenant of the' 6th company or trainband in
the town of Hartford, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Josiah Olcott
to be Ensign of the 6th company or trainband in the town of
Hartford, and order that he be commissioned accordingly.

This Assembly do appoint Joshua Hempstead, John Gris-
would, Isaac Huntington and Jeremiah Miller, Esq^^s to be
Justices of the Peace and Quorum in and for the county of
New London the year ensuing.

This Assembly do appoint Abraham Pierson, John Lane,
Nathaniel Clark, Jedadiah Chapman, John Tully, Thomas
Lee, Richard Lord, Daniel Ely, John Richards, Daniel Coit,
Gurdon Saltonstall, Stephen Lee, Christopher Avery 2d, Luke
Perkins, John Ledyard, John Whiting, Joseph Denison,
Simeon Minor, Jedadiah Tracy, Humphrey Avery, Samuel
Morgan, Nathaniel Brown of Preston, Jabez Hide, Joshua
Huntington, Samuel Lothrop, Nathan Cheesbrough, John
Cook, Joshua Raymond, Esq'"% to be Justices of the Peace in
and for the county of New London tlie year ensuing.

Whereas there now lyes before this Assembly an informa-
tion exhibited in the name of several members of the House
of Representatives, against William Leet of Guilford, fur the

1744.] OP CONNECTICUT. 27

breach of the King's peace by turbulent behaviour and offen-
sive carriage, as is more especially set forth in said informa-
tion ; and on consideration tiiereof : Resolved by this Assem-
bly, that the matters complained of are cognizable to the jus-
tices of the peace in the county of Hartford, and that the said
information be committed unto John Marsh and Thomas
Wells, Esqrs., justices of the peace for the county of Hartford,
who have power to call said Leet before them and enquire into
the causes of said complaint, and determine thereon according
to law.

Upon the memorial of Judah Evarts, Samuel Norton and
others, inhabitants of the town of Guilford living on the east-
erly part of the first society in said Guilford and near adjoyn-
ing to the line of the parish of East Guilford, praying to be
set oft' from said first society in said Guilford and flnnexed to
the said society in East Guilford, and that for the future the
line between the said first society of said Guilford and said
parish of East Guilford be stated and established beginning at
a place called Norton's corn-mill, and tiie western line of said
East Guilford parish extend from said Norton's corn-mill a
straight line to the country road at the foot of the hill between
Samuel Norton's and John Cruttenden's, and so continued to
the sea, (fee.

Resolved by this Assembly, That the memorialists be set off
from said first society in said Guilford and annexed to the said
society in East Guilford, and that for the future the western
line of said parish of East Guilford shall be the said line be-
ginning at the place called Norton's corn-mill, and from
thence running a straight line to the country road at the foot
of the hill between Samuel Norton's and John Cruttenden's,
and so continued to the sea ; the same to remain for the fu-
ture the line between the said two societies.

Upon the memorial of Samuel Woodbridge, pastor of the
third society in Hartford, representing to this Assembly that
he was called and ordained to said office in the year 1711,
upon which the said society Ijy their vote granted him sixty-
nine pounds a year, and that he has for some years last past
been unable to perform publick service in the ministry, dur-
ing which time the said society have not performed according
to their agreement and votes, and for the year now advancing
the said society have made no provision for the memorialist
and his family's support ; praying this Assembly to appoint a
committee to look into the affair, and report to this Assembly
what he ought to have for these three years last past, and also
what he ought to have for a yearly salary during his natural

28 PUBLIC RECORDS [May,

life, in case he continues in his said impotent state : Resolved
by this Assembly, that Samuel Lynde, Esq., Ebenezer Silli-
man,- Esq., Mr. Ebenezer West, Colo. Benjamin Hall, and Ma-
jor Jabez Hamlin, be a committee to hear and look into said
affair, and make a report of what they find, and their opinion
thereon, to this Assembly.

[238] Whereas, Elihu Hall, Esq., King's Attorney for the
county of New Haven, at the sessions of this Assembly at said
New Haven, in October, exhibited and filed one certain bill
of indictment or information against Mr. Benjamin Pomroy,
of Hebron in the county of Hartford, pastor of the church
there, complaining and setting forth that said Benjamin Pum-
roy had, about the 1st of September then last past, publickly
declared and said, that the late law of this Colony, made con-
cerning ecclesiastical affairs, was a great foundation to en-
courage persecution and to encourage wicked men to break
their covenants, and that if wicked men did not take the advan-
t'.ige of it, it was no thanks to the Court ; and that he further
said, that the law that was made to stop ministers from going
about to preach in other towns was made without reason and
contrary to the word of God ; with design to bring said laws
into contempt, &c.; and thereupon moved said Pumroy should
be proceeded against, as to law and justice appertains : And
whereas said bill, filed as abovei^aid, was continued, and the
prosecution thereof put off to this time, and the said Pumroy
ordered to be brought before this Assembly in its present ses-
sion, to answer in the premises : And whereas Daniel Ed-
wards, Attorney to our Xjord the King, against the said Mr.
Benjamin Pumroy one other bill of indictment now exhibited
representing that on the publick fast day in this Colony in
April last, he, said Pumroy, did publickly declare and say,
that the great men had fallen in and joyned with those that
are on the devil's side and enemies to the kingdom of Christ,
and raised such persecution in the land tliat if there be a faith-
ful minister of the Lord Jesus he must lose his estate, and if
there be but a faithful man in civil authority he must lose his
honor and usefulness ; and further, in the after part of sa'.d
day, said, there is no Colony so privileged as Connecticut was,
and now there is no Colony so bad as Connecticut for perse-
cuting laws, I never heard nor read of sucli persecuting
laws as is in Connecticut, nay there is no such thing among
the heathen, and the very heathen are a shame to them, or
■^vords to that effect. And the said Benjamin Pumroy, being
arraigned before the bar of this Assembly, for tryal, intimat-
ing his readiness to make his submission, gave in a paper un-

1744.] OF CONNECTICUT. 29

der his hand, moving it might be publickly read, and consid-
ered and accepted as such ; which being on consideration not
accepted as satisfactory, and he, said Pumroy, called to make
further answer, he thereupon exhibited pleas to the jurisdiction,
as at large on file, and by his counsel was heard thereon. On
the hearing and consideration whereof, this Assembly are of
opinion that the said pleas are insufficient, and accordingly
do resolve and order the said Pumroy be held to plead to the
said bills. And now, as to the matters contained in the first
mentioned indictment and the words therein charged to be
spoken, he before this Assembly pleaded and said he stood
ready to justify the same, and as touching the facts in said
last bill charged against him, he pleaded not guilty. And
now the witnesses for the King by the King's attorney, as also
sundry witnesses by the counsel for said Benjamin Pumroy,
were produced, sworn and enforced, and the said Pumroy also
fully heard in said justification. And this Assembly having
thereon duly considered, as touching the said first indictment,
are of opinion that the things in special justification thereof
offered are insufficient ; and also having duly weighed and
considered the pleas and evidences on the said plea of not
guilty, either in behalf of the King or by the counsel for said
Pumroy exhibited and produced, do find that the said Benja-
min Pumroy is thereof guilty. Whereupon, it is considered
and resolved by this Assembly, that the said Benjamin Pum-
roy become bound in the sum of fifty pounds money, payable
to the publick Treasurer of this Colony, with condition tliat if
he, the said Benjamin Pumroy, do at all times hereafter, from
this day until the sessions of this Assembly in May next, both
in word and deed, use, bear and behave himself well, faithfully
and peaceably towards all his Majesty's liege subjects, and es-
pecially towards the Legislature and all the civil authority of
this Colony, in such wise as that by any act, speech or thing by
the said Benjamin Pumroy committed, done, reported, spoken
or published, they, the said Legislature or any of the civil au-
thority of said Colony, be not at any time hereafter in any
manner injured, troubled, villified or defamed, or in their
name, office, honour or authority, anyway impeached, sland-
ered or taken away, then the said bond to become void, other-
[239] wise || to be in force and virtue ; and that he at this
Assembly in May next appear to take up such bond ; and that
he pay the full cost and charge of his prosecution, allowed to
be £'62 10s. Sd. old tenour, and stand committed till this sen-
tence be fulfilled. And, accordingly, he, the said Benjamin
Pumroy, acknowledged himself to standjustly indebted to the

30 PUBLIC RECORDS [May,

publick Treasurer of this Colony in the full sum of fifty pounds
money, to be f)aid to the said Treasurer upon condition that
he, the said Benjamin Piimroy, do not at all times liereafter,
from this day until the sessions of this Assembly iu May next,
both in word and deed, use, bear and behave himself well,
faithfully and peaceably, towards all his Majesty's liege sub-
jects, and especially towards the Legislature and all the civil
authority in this government, in such wise as tliat l)y any act,
speech or thing, by him, the said Benjamin Pumroy, to be
committed, done, reported, spoken or published, the Legisla-
ture or any of the civil authority of this Colony be not, at any
time hereafter, or in any manner, injured, troubled, vilified or
defamed, or in their name, office, honour or authority, im-
peached, slandered or taken away ; and also, if the said Ben-
jamin Pumroy do not personally appear before the General
Assembly of this Colony, to be holden at Hartford, on the 2d
Tiiursday of May next ensuing, and take up this his bond.

Whereas this Assembly, at their sessions in October last, in
pursuance of the directions of the Lords Justices, appointed
his Honour the Deputy Governor of this Colony, Natiianiel
Stanly, Ozias Pitkin, William Pitkin, Esq'"^, and Capt. John
Marsh and Mr. Joseph Buckingham, or the major part of
them, a Committee of War, with full power to send such a
number of men as they should judge necessary for the defence
of our frontier towns and into the county of Hampshire in case
of an invasion, and to give directions for erecting garrisons in
our said frontiers in case they should judge it necessary,

It is noiv enacted and ordered, That if the said Committee
of War judge it necessary that fortifications be made, they
shall liave power, and they are hereby impowered, to assess
the inhabitants of those towns where they shall order such
fortifications to be made, in order to defray tlie one-half of
the charge thereof; and they are hereby impow^ered to grant a
distress, under tlieir hands, for the collecting such assessments
of all and every one who shall refuse to pay his or their pro-
portion thereof; which money, collected by such distress, shall
be improved towards the erecting such fortifications, according
to the order of such committee ; and the other half of the charge
thereof to draw out of tlie publick treasury of this Colony.
And that such a number of effective men as they shall judge
necessary to be sent, either to the said frontiers or into the
said county of Hampshire, they shall enlist and enroll, and
appoint their proper officers, whom, on their nomination and
appointment, his Honour the Governor is desired to commis-
sionate for that purpose. And, in case a sufficiency of volun-

1744.] OF CONNECTICUT. 31

teers do not appear, the said committee are hereby impowered
to give orders in such and so many regiments as they judge
most reasonable, convenient and necessary, for the impressing
said men for said service ; and tlie several officers in such
regiments are ordered to attend and conform to the orders of
said committee respecting said impressing, according to the
laws of this Colony : provided no men be sent out of the gov-
ernment, or raised for that purpose, until a proper request be
made for our assistance, and tliere be notice of the danger of
an attack or invasion. And that his Honour the Governor be
desired, and he is hereby desired, to give orders to tlie several
colonels in this Colony, to have the respective regiments under
their command in a proper readiness for the assisting, suc-
couring and relieving any of his Majesty's sul)jects, forts,
towns or places that shall be assaulted by an enemy, or in
danger thereof, according to directions of the law of this
Colony for regulating the militia.

And it is further enacted. That his Honour the Governor,
with the advice of Joseph Wliiting, Roger Newton, Ebenezer
Silliman, Esqi's., Captain John Fowler, and Mr. Robert Treat,
or the major part of them, (wlio are hereby appointed a Com-
mittee of War.) be impowered, and he is hereby impowered,
to raise effective men to the number of two hundred, including
officers, if they judge needful, and send them to the assistance
of his Majesty's subjects in the Colony of New York, in case
of an invasion or eminent danger thereof, and a request be
made to his Honour therefor by bis Excellency the Governor
[240] of the Colony of New York. || And the said committee
are impowered to take the same method in raising the same
as is above provided for raising men for the defence of our
frontiers and to be sent into the county of Hampshire ; and
the officers to be appointed and commissioned as is above
provided, and to return according to the directions given them
from his Honour the Governor. And all such officers and
souldiers as shall go in service by virtue of this act, shall be
allowed the same wages in new tenour bills of credit on this
Colony which were stated and allowed to officers and souldiers
in current money in the act of this Colony, entituled An act for
stating the wages and for the more speedy and careful pay-
ment of officers and souldiers in her Majesty's service and
defraying other charges arising by the same.* And the Gov-
ernor and Council are desired to give the orders and direc-
tions to the Treasurer of the Colony, to procure a magazine of
powder and shot for the use of the Colony, according to the
law for regulating the militia.

*Vol. v., 236. Passed May, 1711.

32 PUBLIC RECORDS [May,

Upon the petition of Daniel Griswould, of Bolton in the
county of Hartford, representing to this Assembly that Ma-
lachia Corning, of Hartford in said county, having for the
said Griswould paid unto one John Thrall and others sundry
sums of money, amounting in the whole to £2Sb lis. 9d. old
currency, he, the said Griswould, and the said Corning agreed
and bargained that the said Griswould should make and
execute unto the said Corning a deed of his, the said Gris-
would's, farm of land lying in said Bolton, containing in the
whole about sixty acres with a dwelling house standing on the
same, as also a barn standing on the land of Captain John
Talcott ; and that at the same time of making the said deed
the said Corning was to give a bond to the said Griswould,
to oblige him to reconvey the said land and buildings to the
said Griswould upon paying the said £235 17s. 9d. with the
interest therefor, and that tiie said deed was drew and exe-
cuted, and the time of that opportunity being spent the bond
could not be then made, whereupon the said deed was de-
posited in an indifferent man's hands, to lye without being
recorded or taking any effect till the said bond should be
made and executed to the said Griswould : but by a mere mis-
take, contrary to the agreements of the parties, the said deed
is authentically recorded on the records of the town clerk of
the town of Bolton ; which deed bears date the 4th day of
August, 1739, and is made of land and buildings thereon
described as follows, (yiz:^ one piece or parcel of land lying
and being in Bolton in the county of Hartford and Colony of
Connecticut, in quantity about sixty acres, containing the ten
acres of land I purchased of Deacon Timothy Olcott with my
barn supposing to stand on Captain John Talcott's land, as
also the fifty acres of land I purchased of Cornelius Birge.
The ten acres I bought of Deacon Olcott is bounded as fol-
loweth : east on the highway and north on the highway
reserved by Deacon Olcott in his conveyance to me, said Gris-
would, and south on the aforesaid fifty I bought of Birge, and
west it is bounded on Deacon Timothy Olcott's land. And
the aforesaid fifty a^cres I bought of Birge is bounded as
follows, (viz ;) east and west on highways, north it is bounded
partly on the aforesaid ten acres and partly on Deacon
Timothy Olcott's lands, and south it is bounded on Joel
White's land. And that the said Corning hath not made his
bond to said Griswould as agreed upon, but refuses to do
the same, and holds the land by said deed so compleated by
mistake :

Whereupon this Assembly do resolve^ enact and decree, That

1744.] OF CONNECTICUT. 33

the said Daniel Griswould shall pay to the said Malachia Corn-
ing, at the house of William Pitkin, Esq., in Hartford, or
deposit in the hands of the said William Pitkin for the use of
the said Malachia Corning, the sum of two hundred thirty-five
pounds seventeen shillings and nine pence old currency, on or
before the first day of October next, with lawful interest from
the fourth day of August, 1739, and tliat thereupon the said
Malachia Corning, his heirs and assigns, and all claiming
under him, shall be forever secluded and debarred from giving
the said deed of the said Griswould to the said Corning, dated
the 4th day of August, 1739, as aforesaid, in evidence in any
court in this colony.

Cost allowed Francis Halley, <fec., of Stratford, for attend-
ance &c., to answer the memorial &c., of Jonas Woostcr of
Stratford, which is negatived, as on file appears, is XI lis.
lOd. lawful money.
[241] To the General Assembly now convened atlBfartford:

We the subscribers, who were by your Honours appointed
to consider what is proper to be done in reference to the
country sloop, take leave to report, that we are of opinion that
the steps lately taken by his Honour the Governor and Council
were proper, and that the officers appointed l)e accordingly
commissioned, and that the men now on board be by their of-
ficers well instructed in the methods of fighting at sea, and
that if there should be a French war, or that there should be
information of any enemy upou our coasts, that then his Hon-
our the Governor give out orders that said sloop be full
manned, according to the late order of the Governor and
Council, and that the captain of said vessel observe such or-
ders as from time to time he shall receive from the Governor.
But in case his Honour the Governor should be advised that
no French war is to be expected, we think it best the said
sloop be laid up in New London harbour, under the care of
Colo. Saltonstall, and the men shipped be thereupon dis-
missed. All which is submitted by,

James Wadsworth,

Samuel Lyndb,

Edmund Lewiss,

EBENEzr West, J> Committee.

Thos. Wells,

BENja Hall,

John Ledyard,
Which report is accepted and approved by this Assembly.
Upon the memorial of Ebenezer Gridley and Elizabeth Or-

34 PUBLIC EECORDS l^^J,

viss, administrators on the estate of Cliarles Orviss, deceased,
shewing to this Assembly that the debts due from said estate
surmount the personal estate the sum of <£11 18s. 4d. old
tenour, praying for liberty to sell so much of the real estate
of the deceased as may be sufficient to answer the aforesaid
sum with the incident charges arising thereon : Resolved by
this Assembly, that the memorialists have liberty, and they
are hereby impowered and authorized, to make sale of so
much of the real estate as aforesaid as may be sufficient to
pay the said sura of Xll 18s. 4d. witli the incident charges
arising thereon, taking the advice of the court of probate in
the district of Hartford therein.

Upon the memorial of Ebenezer and Sarah Humphrey, of
Oxford, &c., administrators on the estate of Joseph Read, late
of Oxford, deceased, shewing that the debts due from said es-
tate exceed the personal estate tlie sum of ^488 19s. 6c?. old
tenour, and moving for liberty to sell certain lands in the
town of Glassenbury, in the county of Hartford, to pay and
discharge said debts : Resolved by this Assembly, that the
said administrators be allowed and impowered to make sale of
the hundred acres of land mentioned in said memorial, or so
much thereof as need be, to pay and discharge said debts and
the necessary charges thereof, at the direction of the court of
probate in the district of Hartford.

On the memorial of Samuel Harrington and others, inhab-
itants of the northern part of Brandfbrd, praying for a com-
mittee to repair to said inhabitants and view their circum-
stances, in order to their being formed into a distinct ecclesi-
astical society, and make report, &c.

Resolved hy this Assembli/, That Captain Jonatlian Allen,
Mr. John Hitciicock, and Captain John Hubbard, all of New
Haven, be a committee to repair to the inhabitants of the
northern part of Brandfbrd, the memorialists, and view the
circumstances of said inhabitants, in order to their being-
formed into a distinct ecclesiastical society, and make report
of the situation and circumstances of said inhabitants, for the
design aforesaid, and their opinion thereon, to the General
Assembly in October next ; and to be done at the cost of the
memorialists.

Upon the memorial of George Beckwith and Benjamin
Beckwith, of Lyme in the county of New London, adminis
trators on the estate of Jonah Beckwith, late of said Lyme
deceased, representing to this Assembly that all the estate of
the deceased is in lands, and tiie debts due from said estate,
with the charges, amounts to the sum of £140 os. cd., pray-

1744.] OP CONNECTICUT. 35

ing leave to sell so much of tlie said lands as will answer said
debts with charges : This Assembly appoints and impowers
the said George Beckwith and Benjamin Beckwith, to sell so
much of the lands of the said Jonah Beckwith as shall be suf-
ficient to answer the said debts and the incident charges ;
they taking the advice of the judge of probates for the county
of New London.

[242] Upon the memorial of David Sage and others, of Midle-
town, within the parish of Kensington, and those within the
district of that trainband annexed to that company called the
Northwest Quarter of Midlctown, praying liberty to erect a
school among them : Resolved by this Assembly, that the
memorialists and inhabitants within the following bounds,
{viz:') on the west by Farmingtown east line from Midletown
northwest corner ; south, so far as the district of that com-
pany called Midletown Northwest Quarter ; north, by Weath-
ersfield, to extend so far east as the district of said company ;
east and south by the bounds of said company or trainband ;
shall and may assemble together, as societies by law are ena-
bled, and form a school amongst said inhabitants, and regu-
late the same according to the laws of this Colony in such case
provided ; and also, that the memorialists and inhabitants
within the bounds aforesaid shall and may, from time to time,
draw out their proportion of money, according to their list, as
shall and may be granted on the publick list for the support
of schools in this Colony ; and that the money by them re-
ceived of Midletown of the sale of the western lands shall be
for the use aforesaid ; always provided a school be kept
amongst said inhabitants according to law.

An Act stating the P'are of Brockway's Perry.

Be it enacted by the Q-overnor, Council and Representatives
in General Court assembled, and by the authority of the same,
That the fare of said ferry shall be as follows, {viz .•) for man,
horse and load, fourteen pence during the three winter months,
and half so much for a man ; and during the residue of the
year ten pence for man, horse and load, and five pence for a
man ; all old currency.

Upon the memorial of Christopher Tracey, administrator on
the estate of Jonathan Rennals, late of Preston, deceased,
shewing to this Assembly that the del)ts due from said estate
surmount the moveable part of said estate the sum of X120
6s. 6d. old tenon r, and praying that this Assembly would im-
power the memorialist, or some other person, to sell so much
of the land of the said Jonathan Rennals, deceased, as to pay
the aforesaid sum and charges arising about the same : Re-

36 PUBLIC RECORDS [May,

solved by this Assembly, that the said Christopher Tracy sell,
and he is hereby impowered to sell, so much of the real estate
of the said Jonathan Rennals, deceased, as will answer the
said X120 6s. 6d. old tcnonr, with the necessary charges aris-
ing about such sale ; taking the direction and advice of the
court of probate in New London.

Upon the memorial of Odiah Loomiss and Nathaniel Mather,
executors to the last will and testament of Samuel Allyn, late
of Windsor, deceased, shewing to this Assembly that the
debts due from said AUyn's estate surmount the moveables
thereof the sum of X368 2s. 9d. old tenour, praying for lib-
erty to sell so much of the real estate of the deceased as may
be sufficient to answer the aforesaid sum with the incident
charges arising thereon : Resolved by this Assembly, that the
memorialists have liberty, and they are hereby substituted and
authorized, to make sale of so much of the real estate as afore-
said as may be sufficient to pay the aforesaid sum of £368 2s.
9d., with the incident charges arising thereon ; taking the
advice of the court of probate in the district of Hartford
therein.

Resolved by this Assembly, That Mr. Daniel Edwards be,
and he is hereby, authorized and fully impowered to put in
suit against the mortgagers or tenants in possession in the
county of Hartford, the several mortgages to tlie Governor
and Company of this Colony, which were taken in the said
county for the old tenour bills of credit emitted on loan and
the time of payment expired before the year 1744, and the
condition to such mortgages not fulfilled by the mortgagers,
whereby the land is forfeited to the said Governor and Com-
pany ; with full power to plead and implead, and prosecute
any suits against such mortgager or tenant in possession to
full effect, for the recovery of any such lands, and to levy and
take possession thereof, and also to take possession of such of
the said mortgaged lands as shall be peaceably resigned to the
said Governor and Company. And the said Mr. Daniel Ed-
wards is hereby authorized and fully impowered to sue out all
such lands as are mortgaged to the Governor and Company,
not lying in the Colony ; and that proper letters of procura-
tion, under the seal of the Colony, be made to him, impower-
ing him thereunto.

[243] A7id further, That Capt. Elilm Hall is hereby auth-
orized and fully impowered to sue for and recover possession
of the lands mortgaged as aforesaid in the county of New
Haven, with the same powers and authority as aforemen-
tioned.

1744.] OP CONNECTICUT, 37

And further^ That Capt. Stephen Lee is hereby authorized
and impowered to sue for and recover possession of the lands
naortgaged as aforesaid in the county of New London, with the
same powers and authorities as aforementioned.

And further^ Mr. Robert Walker is hereby authorized and
fully impowered to sue for and recover possession of tlie lands
mortgaged as aforesaid in the county of Fairfield, with the
same powers and authorities as aforementioned.

A?id further, That Jonathan Trumble, Esq., is hereby auth-
orized and fully impowered to sue for and recover possession
of the lands mortgaged as aforesaid in the county of Wind-
ham, with the same powers and authorities aforementioned*

And further, That the Secretary is hereby directed to de-
liver to the committee in each county the several mortgages
now in his hands for the lands mortgaged aforesaid in each
of the said counties, taking account thereof, with the endorse-
ment of their receipts thereof.

And further, The respective committees in each county are
directed, that where any of the mortgagers or tenants in pos-
session shall tender or offer to pay the principal sum borrow-
ed, with the lawful interest thereon since the time of payment
mentioned therein, with such costs as have arisen thereon, it
shall be received by such committee, who shall deliver the said
money into the hands of the Treasurer, and a deed of release
shall be executed thereon as heretofore hath been usually
done. And each committee are further directed, that upbn
the recovering and taking possession of the lands aforesaid for
the use of the Colony, to make sale of such lands at a publick
vendue, at some suitable time and place appointed and duly
notified for that end at the discretion of the committees respec-
tively, to the highest bidder, taking the money or bonds for the
same with good and sufficient sureties, payable to said Gover-
nor and Company, not exceeding one year from the time of
sale, with lawful interest thereon. Aiid the money received
shall be delivered into the hands of the Treasurer, taking his
receipt therefor. Whereupon deed or deeds of conveyance
or sale of such lands so bought shall be made and executed to
the purchaser, under the seal of the Colony, and signed by
Nathaniel Stanly, Esq., and the Secretary ; and the bonds
taken as aforesaid shall be lodged with the Secretary, and
deed of sale as aforesaid accordingly executed thereon.

This Assembly do establish and confirm Mr. Thomas Sey-
mour to be Lieutenant of the 2d company or trainband in
the town of Hartford, and order that he be commissioned ac-
cordingly.

38 PUBLIC RECORDS [May,

This Assembly do establish and confirin Mr. Jonathan Sey-
mour to be Ensign of the 2d company or trainband in the
town of Hartford, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Daniel Mes-
senger to be captain of the company or trainband in the town
of Harwinton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Nathan Daviss
to be Lieutenant of the company or trainband in the town of
Harwinton, and order that he be commissioned accordingly.

'fhis Assembly do establish and confirm Mr. Jonathan
Hopkins to be Ensign of tlie company or trainband in the
town of Harwinton, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Isaac Kellogg
to be Captain of the company or trainband in the town of
New Hartford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Martin Smith
to be Lieutenant of the company or trainband in the town of
New Hartford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Israel Loomiss
to be Ensign of the company or trainband in the town of New
Hartford, and order that he be commissioned accordingly.

An Act for the More effectual Regulation of Saybrook Ferry, and ad-
vancing' the Fare thereof.

Be it enacted by the Grovernor, Oouncil and Representatives^
in G-eneral Court assembled, and by the authority of the same.
That, for the commodious transportation over said ferry at
Saybrook, the lerrymen thereof shall, on or before the first
day of September next, sufficiently erect and repair the wharf
at said ferry place on the west side, and also provide and con-
[244] stantly maintain good and proper boats, well manned,
with sufficient tackle and furniture to such boats for the safe
and expedite transportation of travellers over said ferry ; all
to be done and maintained by the owners of said ferry, to the
acceptance of Samuel Lynde, Esq., Capt. Jedadiah Chapman,
both of Saybrook, and Capt. Elisha Shelden of Lyme, who are
hereby appointed a committee for that purpose, who are also
desired to see that suitable provisions be made as aforesaid,
and from time to time inspect said affair ; and upon the per-
formance thereof, said committee shall and may give a certi-
ficate under their hands to said ferrymen, that said ferry is
well and sufficiently provided as aforesaid ; then the fare of

1744.] OF CONNECTICUT. 39

said ferry shall be as follows, {viz ;) for man, horse and load,
four pence lawful money, and three pence for each footman ;
and for each horse, three pence half-penny per head ; and dur-
ing the months of November, December, January, February,
March, and April, the fare shall be six pence lawful money for
man, horse and load, and for each footman four pence lawful
money, and for each horse five pence per head ; the above fare
to be accounted at the rate of four pence in old currency for
one penny lawful money, and no more, and to be paid in law-
ful money or old currency. And the committee aforemen-
tioned are desired to make report to the General Assembly in
October next of the circumstances of said ferry.

And it is further eyiaeted by the authority aforesaid, That,
in case the said ferrymen, after they have obtained a certi-
ficate as aforesaid, shall at any time be deficient in any of the
particulars abovementioned, the said committee may, and they
are hereby impowered to impose a suital)le fine on them, or
either of them, not exceeding the sum of five pounds. Nothing
in this act to extend to those that by law are exempted from
paying ferriages.

An Act in Addition to an Act entituled An Act for the more speedy
doing Justice and preventing the MultipUcity of Law Suits.

Be it enacted hy the Governor, Council and Representatives^
in General Co^irt assembled, and by the authority of the same,
That in any process or action wherein the debt, damage or
other matter, doth not exceed forty-eight shillings of new
tenour bills of credit, or eight pounds in old tenour bills
of credit, may be heard, tryed and determined, by any
one assistant or justice of tlie peace, who are hereby im-
powered to do the same within the limits of their authority,
(except only where the title of land is concerned,) and when
the debt, damage or other matter in demand, doth not exceed
the sum of twenty four shillings in new tenour, or four pounds
in old tenour, or if it be due by bond, bill or note, for bills of
credit of either of said tenours, avouched by two witnesses,
and doth not in value exceed the sum of forty-eight shillings
in new tenour bills, or eight pounds in old tenour bills, no
appeal shall be allowed from the judgment given therein.

Be it further enacted by the authority aforesaid. That con-
fession of judgment, made and taken m the manner directed
in the second paragraph of the aforementioned act, shall or
may be taken for twenty-four pounds in new tenour bills of
credit, or eighty pounds in old tenour bills of credit, and no
more.

Be it further enacted by the authority aforesaid, That when

40 PUBLIC RECORDS [May,

any action wherein the title of land is not concerned, is brought
to any of the county courts in this colony, wherein the debt,
damage or otber matter in demand, doth not exceed the vahie
of twelve pounds new tenour bills of credit, or forty pounds in
old tenour bills of credit, and judgment tliereon shall be given,
no appeal from such judgment shall be allowed.

Be it further enacted by the authority aforesaid, That any
act made in this Colony for the stating of the fees of any
court or officers' fees, grants to the college, or fares of ferries,
&c., in silver sterling alloy at the rate of six shillings and
eight pence per ounce troy weight, sliall be taken and ac-
counted in new tenour bills at the rate that eight shillings
bears to six shillings and eight pence, and in old tenour bills
at the rate of four shillings for one shilling.

And he it further enacted hy the authority aforesaid, That
every execution granted by an assistant or justice of the peace
on a judgment for more than forty shillings in silver at the
rate of six shillings and eight pence per ounce troy weight,
founded on the confession of the debtor, according to the act
abovementioned, shall be duly served by the officer who re-
ceives the same, and in case such officer shall not serve such
writ of execution according to the directions therein given, or
shall make a false or undue return, the aggrieved party shall
and may have relief, on complaint thereof made to the assist-
[245] ant or justice from whom it issued and to whom it ||was
made returnable, who is hereby impowered to enquire thereof
by the evidence produced ; and if the officer be found in de-
fault, the assistant or justice may set a suitable fine upon him
and award damages to the party aggrieved, having respect
unto the quantity or quality of the action and the peril that
might have happened unto the aggrieved party by the delay
which he suffered. And it is further provided, that either of
the parties in the complaint aforesaid shall or may have
granted to him an appeal to the county court in the same
county.

An Act for repealing an Act of this Assembly made and passed at
Hartford May, 1 742, entituled An Act for the ascertaining and regu-
lating the Coins and Currencies, and for directing Processes and
Judgments in this Colony, and for further directing Processes and
Judgments in this Colony.

Whereas there hat^h been diverse constructions put on the
aforementioned act made in May, 1742, and great inconven-
iencies happened thereby : For remedy whereof.

Be it enacted hy the Crovernor, Council and Representatives,
in General Court assembled, and hy the authority of the same,
That the said act be repealed, and the same, with every part
and paragraph thereof, is hereby repealed and made void.

1744.] OP CONNECTICUT. 41

Be it further enacted hy the authority aforesaid, That all
processes and suits on bills, bonds, notes and other contracts,
shall be brought for the recovery of that coin or currency
which is expressed or plainly understood to be the coin or
currency contracted for in such bill, bond, note or other
contract.

Tiiis act not to take place till the first day of July next.

An Act in Addition to an Act for the further Direction of Sheriffs and
Constables in their OflBce.

Be it enadted by the Crovernor, Council and Representatives^
in G-eneral Court assembled, and by the authority of the same,
That whenever any sheriff or constable, by virtue of any exe-
cution, shall seize any goods or chattels, to answer and satisfy
such execution, and any person shall appear to receive such
goods into his care, and shall give to such sheriff or constable
a writing by him well executed, expressing the receipt of such
goods taken by such sheriff or constable, and therein promise
to redeliver such goods to the said sheriff or constable, and
shall fail of performing accordingly, and any action be brought
by such sheriff or constable against such person upon such
writing, there shall not be allowed any appeal or review in
such cause.

Be it further enacted by the authority aforesaid, That when
any action or complaint is brought against any sheriff or con-
stable for neglect in his service of any writ of execution, or a
false or undue return thereon, the writ or complaint brought
against such officer shall be served at least fourteen days be-
fore the sitting of the court wherein it is to be tryed.

An Act in Addition to the Law entituled An Act for punishing Capital

Offenders.

Be it enacted by the Crovernor, Council and Representatives,

in G-eneral Court assembled, and by the authority of the same,

That if any person, of malice forethought, and by lying in wait,

shall cut or disable the tongue, put out an eye or eyes, so that

the person is made blind, or by cutting off all or any one of

his privy members, wdth an intent to maim him or disfigure

him, or that shall be aiding or assisting therein, shall be put

to death.

An Act providing' that the Laws of this Colony be revised.
Be it enacted by the Governor, Council and Representatives^
in General Court assembled, and by the authority of the same,
That Thomas Fitch, Esq., be desired and impowered, and he
is hereby desired and fully impowered, to inspect the acts and
laws made and passed by this Assembly, and having revised
the same to put them into a form fitting for the press ; in ef-
fecting whereof he is directed to take care that no alteration

42 PUBLIC RECORDS [May,

be made in those acts and laws that relate to and secure the
freeholds of his Majesty's subjects in this Colony, but that the
same shall remain as heretofore : but those acts and laws that
relate only to manner and method of proceeding in civil or
criminal causes, or other things that relate to the government
of his Majesty's subjects here, and are provided for by later
acts, which have superseded the more ancient ones, are to be
omitted, and not put into the laws to be printed on such revi-
sal. And the said Thomas Fitch, Esq., shall lay his doings
before the General Assembly in October next.

This Assembly appoints Capt. Israel Newton to be a Justice
of the Peace in and for the county of Hartford the year en-
suing.

[_-y4DJ An Act for making' and emitting Bills of Credit.

Be it enacted hy the Governor^ Council and Representa-
tives, in General Court asseinhled, and hy the authority of
the same, That there be forthwith struck a certain number of
bills of credit on this Colony, in suitable sums from one shill-
ing to three pounds, to the amount of four thousand pounds,
and no more, and shall be stamped on the new plates, with tiie
addition of the date of May the 10th, 1744, and signed by the
committee last appointed for signing of the bills of credit of
this Colony; the said committee to be under oath for the
faithful mai)agement of the affair, and to deliver the said bills
into the hands of the Treasurer of this Colony, taking his re-
ceipt for the same.

And it is further enacted by the authority aforesaid, That
the Treasurer be and is hereby impowered to issue forth and
pay the said sum of four tliousand pounds towards the pay-
ment of the debts of this Colony, according to such orders as
shall be given to liim according to law, from time to time.

And, as a fund and security for the repayment and drawing
in of the said bills into tlie treasury again, this Assembly
grants a tax or rate of four thousand two hundred pounds as
silver money at eight shillings per ounce troy weight sterling
alloy, to be levyed on polls and the rateable estate within this
Colony, to be paid into the treasury at or before tho last day
of May, an7io Bom. 1760, to be paid in the bills by this act
emitted, in good silver at eight shillings per ounce troy weight
sterling alloy, as aforesaid, in gold equivalent thereto, or in
bills of credit on this Colony of other emissions according to
their value at the time of payment compared with silver at
the rate aforesaid.

This Assembly grants to the Honourable Jonathan Law, Esq.,
Governor, for his first half-year's salary the current year, the
sum of seventy pounds in new tenour bills.

1744.] OF CONNECTICUT. 43

This Assembly grants to the Honbie Roger Wolcott, Esq.,
Deputy Governor, the sum of thirty-five pounds new tenour
bills, for his half-year's salary the current year.

This Assembly grants to Mr. Secretary Wyllys, for his sal-
ary this current year, the sum of six pounds new tenour bills.

This Assembly grants unto Colo. John Whiting, Treasurer,
for his salary the current year, the sum of thirty-five pounds
new tenour.

This Assembly grants Eliakim Palmer, Esq., our agent at
Great Britain, the sum of two hundred and fifty pounds in old
tenour bills for the current year.

This Assembly grants unto Mr. Timothy Green, printer, for
his last half-year's salary in printing for the Governor and
Company, the sum of fifteen pounds new tenour bills, and
that an order be given to Colo. John Whiting, Treasurer, to pay
the same.

Whereas this Assembly hath been drawn out to such a
length that all the members tliereof cannot, without great dif-
ficulty, stay to hear the records read off: This Assembly do ap-
point Nathaniel Stanly, Ozias Pitkin, William Pitkin^ E&q'^,
Capt. John Marsh, Mr. Joseph Buckingham, Major Henry Al-
lyn, and* Capt. Roger Wolcott, a committee to attend his
Honour the Deputy Governor, to hear the acts and doings of
this Assembly read off, and then see them signed by the Sec-
retary as perfect and compleat.

The several Acts, Grants, Orders and Resolves of this As-
sembly, as they stand entered on the pages of this book next
preceding, were read off in the presence of his Honour the
Deputy Governor and the committee above named, and signed

George Wyllys, Secretary.

[247] Anno Regni Regis Cfeorgii secundi octavo-deoimo.

Connecticut \
Colony. \

At a General Assembly holden at New Haven in his Maj-
esty's English Colony Connecticut in New England in
America, on Thursday the 11th day of October, and
continued by several adjournments until the 2d day op
November next following, annoque Domini, 1744.

Present :
The Honourable Jonathan Law, Esq"", Governor.
The Hon^^'e Roger Wolcott, Esq"", Deputy Governor.

44 PUBLIC RECORDS [Oct.

James Wadsworth, Esq"", William Pitkin, Esqf, "^
Nathaniel Stanly, Esq^ Thomas Fitch, Esq"-, | ^^^^•^^_
Joseph Whiting, Esq"", Roger Newton, Esq^, )- ^^^^ '
Timothy Pierce, Esq',- Ebenez'' Silliman, Esq% I
Samuel Lynde, Esq^, John Bulkley, Esq"", J

Representatives or Deputies that attended at the Assembly are
as foUoiv, (viz :)

Mr. Joseph Buckingham, for Hartford.

Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman for New-
London.

Mr. Jonath'i Huntington, Mr. Ebenezer Wales, for Windham.

Cupt. John Stephens, Mr. Joseph Wilcox, for Killingsworth.

Colo. Jonathan Hoit, Capt. Jonath" Maltbie, for Standford.

Capt. John Fowler, Mr. Robert Treat, for Milford.

Mr. Ebenezer West, Capt. Gershom Clark, for Lebanon.

Capt. Roger Wolcott, Mr. Daniel Bissell, for Windsor.

Mr. Elisha Williams, Colo. John Cliester, for Weathersfield.

Mr. William Wittar, Mr. Nath' Brown, for Preston.

Mr. William Buel, Mr. John Phelps, for Hebron.

Capt. Joseph Bird, Capt. Edward Phelps, for Litchfield.

Mr. John Dixson, Mr. Charles Campbell, for Voluntown.

Mr. Paul Welch, Mr. John Warner, for New Milford.

Mr. Hez'' Brainerd, for Haddam.

Capt. John Hubbard, Mr. John Hitchcock, for New Haven.

Major Andrew Burr, Capt. Samuel Burr, for Fairfield.

Colo. Hez'i Huntington, Mr. Ebenez"" Backus, for Norwich.

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry.

Capt. Israel Newton, Capt. Charles Bulkley, for Colchester.

Colo. William Preston, Mr. Noah Hinman, for Woodberry.

Mr. John Humphrey, Mr. Joseph Wilcoxson, for Symsbury.

Mr. James Benedict, Capt. Daniel Olmstead, for Ridgefield.

Mr. Boaz Starns, Capt. John Dwight, for Killingly.

Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury.

Mr. William Marsh, Mr. Joseph Parkhirst, for Plainfield.

Capt. John Higgs, Capt. Samuel Bassett, for Derby.

Colo. John Dyer, Mr. Solomon Tracey, for Canterbury.

Capt. Nath' Harrison, Mr. Jonath" Russell, for Brandford.

Mr. Daniel Gates, for East Haddam.

[248] Capt. Jedadiah Chapman, Mr. Ambrose Whittlesey, for
Say brook.

Colo. Benjamin Hall, Capt. Elihu Hall, for Wallingford.

Mr. Thomas Benedict, Mr. Samuel Fitch, for Norwalk.

Mr. Asahel Strong, Capt. Hezi' Lee, for Farmingtown.

Capt. James Bebee, Capt. Thomas Stephens, for Danbury.

Capt. Thomas Stores, Mr. Josiali Conant, for Mansfield.

1744.] OP CONNECTICUT. 45

Major Elihu Chaunccy, Capt. Robert Fairchild, for Durham.
Colo. Edmund Lewis, Capt. Theophilus Nickols, for Stratford.
Mr. John Southmaid, for Waterbury.
Capt. Leicester Grosvenour, Mr. Ebenezer Holbrook, for Pom-

frett.
Capt. Ebenezer Mead, Capt. John Mead, for Greenwich.
Mr. Joseph Denison, Mr. Simon Minor, for Stoningtown.
Major Jabez Hamlin, Mr. Setii Wetmore, for Midletown.
Mr. Robert Knowlton, Mr. William Wadkins, for Ashford.
Mr. John Griswould, Capt. John Lee, for Lyme.
Capt. Timothy Stone, Mr. Samuel Robinson, for Guilford.
Colo. Christopher Avery, Mr. John Ledyard, for Groton.

Major Andrew Burr, Speaker ) of the House of Representatives.
Capt. John Fowler, Clerk \ ^

The Gentlemen nominated by the Votes of the Freemen of this Colony
to stand for Election in May next are as follow, viz :

The Honourable Jonathan Law, Esq"".

The Honbie Roger Wolcott, Esq^.
James Wadsworth, Esq"", Ebenez^ Silliman, Esq"",

Nathaniel Stanly, Esq'-, Jonath" Trumble, Esq"",

Joseph Whiting, Esq'", John Bulkley, Esq%

Ozias Pitkin, Esq"^, Hez'i Huntington, Esq"",

Timothy Pierce, Esq"", Major Andrew Burr,

Samuel Lynde, Esq"", Colo. John Chester,

William Pitkin, Esq"-, Mr. Elisha Williams,

Thomas Fitch, Esq"", Colo. Samuel Hill,

Roger Newton, Esq"", Mr. John Griswould.

An Act directing how Jurys to attend the Courts of Tryal shall for the
Future be chosen and appointed.

Se it enacted bij the Grovernor, Council and Representatives,
in Greneral Court assembled, and by the authority of the same,
That the civil authority, selectmen, constables and grand jury-
men in the several towns hereafter named, sometime in the
month of January annually, shall assemble and chuse to serve
as jurymen at the several county and superior courts, of their
able judicious freeholders, each having a freehold estate rated
in the common list at fifty shillings, the number to each town
hereafter mentioned.

And, in order that the jurys may be indifferently appointed
to serve at the several county and superior courts.

It is hereby further enacted, That in each -town hereafter
named there shall be a box provided at the cost of the town,
with a lock to it, which shall be put into the town clerk's
hand ; and when any number of jurymen are chosen the town

PUBLIC RECORDS

[Oct.

[249] clerk shall write each man's name on a piece of paper
by itself, and put the several names into the said box, and keep
it in his possession ; and when any of the several constables
shall receive a summons to summon any certain number of
jurymen to attend any of said courts, he shall repair to the
town clerk, and there in his presence, (and in case of his ab-
sence, then in the presence of one of the selectmen of such
town.) draw out the number that he is obliged to summon,
without seeing- who he draws, until he has drawn them, and
then shall ])i-oceed to summon the men whose names he has
drawn : but if any or all of the men thus drawn shall at that
time be gone from home, sick or otherwise unavoidably hin-
dered from attending such court, his or their names shall be
returned into said box, and others in manner aforesaid drawn
and summoned in his or their room.

And it is hereby further enacted^ That if any juror chosen,
drawn and summoned as aforesaid, shall make default of ap-
pearance accordmg to the direction of such summons, he shall
forfeit and pay to the treasury of the county wherein such
juror dwells the sum of three pounds old currency, unless the
court to which he was summoned upon hearing his excuses
shall judge them sufficient.

Aiid it is hereby further enacted, That if any town here-
after named shall neglect or refuse to provide such box, or
their officers aforesaid sliall neglect to chuse such jurymen,
such town siiall forfeit and pay to the treasury of the county
to which such town belongs, the sum of twenty pounds old
currency, to be recovered by the king's attorney of the county
to which such town belongs, by action to be brouglit to the
county court, in which tryal no appeal nor review shall be
allowed.

Here follows a list of the towns
jurymen, and the number that each

Hartford County.

who by this act are to chuse
toivn is to chuse :

New Haven County.

Hartford,

twenty.

New Haven,

twenty.

Weathersfield,

twenty.

Milford,

twelve.

Windsor,

twenty.

Wallingford,

fifteen.

Farmingtown,

twenty.

Brandford,

ten.

Midletown,

twenty.

Guilford,

twelve.

Symsbury,

twelve.

Durham,

six.

Glassenbury,

ten.

Derby,

six.

Hebron,

ten.

Waterbury,

six.

1744.]

OP CONNECTICUT,

» New London County.

Fairfield County.

New London,

fifteen.

Fairfield,

twenty.

Norwich,

fifteen.

Stratford,

twenty.

Preston,

fifteen.

Norwalk,

twenty.

Stoningtown,

fifteen.

Stand ford,

twelve.

Groton,

fifteen.

Danbury,

twelve.

Lyme,

fifteen.

Newtown,

twelve.

Say brook.

fifteen.

Killingsworth,

fifteen.

•

Windham

County.

Windham,

twelve.

Lebanon,

twelve.

Coventry,

twelve.

Plainfield,

twelve.

Canterbury,

twelve.

Pomfrett,

twelve.

Voluntown,

twelve.

Asliford,

twelve.

Mansfield,

twelve.

This act to continue in force for the space of two years from
the rising of this Assembly, and no longer.

Whereas there is now a considerable sum in bills of credit
in the hands of Jabez Huntington, Esq., sheriff of the county
of Windham, received by him to answer an execution taken
out by Roger Wolcott, James Wadsworth, Thomas Fitch,
John Bulkley and Joseph Fowler, Esq^^., agents for this Col-
ony, against Winslow Tracey, of Norwich, and Capt. Brown,
of Lebanon,

It is now resolved, That the bills received by the sheriff, as
aforesaid, be by him delivered to the Honourable Roger Wol-
cott, Esq., who is hereby ordered and impowered to receive
them and endorse the same on the execution. And the said
Roger Wolcott, Esq., is further ordered to deliver said bills
into the treasury of this Colony, taking the Treasurer's re-
ceipt for the same, and to lodge the receipt with the Secre-
tary. And the Treasurer is ordered to put off said bills in
payment of the publick debts of this Colony.

[250] This Assembly do establish and confirm Mr. Ebenezer
Allyn to be Lieutenant of the second company or trainband in
the town of Groton, and order that he be commissioned ac-
cordingly.

Tbis Assembly do establish and confirm Mr. Joseph Mor-
gan to be Ensign of the second company or trainband in the
town of Groton, and order that he be commissioned accord-
ingly.

48 PUBLIC RECORDS [Oct.

This Assembly do establish and confirm Mr. Timothy
Phelps to be Captain of the company or trainband in the town
of Union, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Badger
to be Lieutenant of the company or trainband in the town of
Union, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Cliristopher
Peake to be Ensign of the company or trainband in the town
of Union, and order that he be commissioned accordingly.

Tins Assembly do establish and confirm Mr. Silas Long to
be Ensign of the first company or trainband in the town of
Coventry, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Peter Buel to
be Captain of the first company or trainband in the town of
Coventry, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Asahel Strong
to be Captain of the second company or trainband in the town
of Farmingtown, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Morgan,
jun., to be Captain of the fourth company or trainband in
the town of Groton, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Robert Goer
to be Lieutenant of the fourth company or trainband in the
town of Groton, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Job Tyler to
be Ensigu of the fourth company or trainband in the town of
Groton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Israel Wood-
ward to be Captain of the lower company or trainband at the
north parish in the town of Lebanon, and order that he be
commissioned accordingly.

This Assembly do establish and confirm Mr. Benajah Bill
to be Lieutenant of the lower company or trainband at the
north parish in the town of Lebanon, and order that he be
commissioned accordingly.

This Assembly do establish and confirm Mr. Benjamin
Smalley to be Ensign of the lower company or trainband at
the north parish in the town of Lebanon, and order that he
be commissioned accordingly.

This Assembly do establish and confirm Mr. Eleazer Hutch-

1744.] OP CONNECTICUT. 49

inson to be Captain of the upper company or trainband at the
north parish in the town of Lebanon, and order that he be
commissioned accordingly.

This Assembly do establish and confirm Mr. Ephraim
Sprague, jun., to be Lieutenant of the upper company or train-
band at the north parish in the town of Lebanon, and order
that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Nathaniel Gush-
man to be Ensign of the upper company or trainband at the
north parish in the town of Lebanon, and order that he be
commissioned accordingly.

This Assembly do establish and confirm Mr. Joshua Hutch-
ins to be Lieutenant of the fourth company or trainband in
the town of Norwich, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. John Perkins
to be Ensign of the fourth company or trainband in the town
of Norwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Isaac Gallup
to be Captain of the middle company or trainband in the
town of Voluntown, and order that he be commissioned ac-
cordingly.

This Assembly do establis*li and confirm Mr. Ephraim Cook
to be Ensign of the south company or trainband at the parish
of New Cheshire in Wallingford, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. James Hide
to be Ensign of the second company or trainband in the town
of Norwich, and order that he be commissioned al^cordingly.

[251] This Assembly do establish and confirm Mr. Moses
Hawkins to be Captain of the first company or trainband in
the town of Derby, and order that he be commissioned ac-
cordingly.

Tbis Assembly do establish and confirm Mr. Joseph John-
son to be Ensign of the first company or trainband in the
town of Derby, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Daniel Porter
to be Captain of the first company or trainband in the town
of Stratford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Ebenezer Coe
to be Lieutenant of the first company or trainband in the
town of Stratford, and order that he be commissioned accord-
ingly.

50 PUBLIC RECORDS [Oct.

This Assembly do establish and confirm Mr, James Beech
to be Ensign of the first company or trainband in the town
of Stratford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Abraham Wan-
zer to be Lieutenant of the company or trainband in the south
society in New Fairfield, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Stephen Brush
to be Ensign of the company or trainband at the south society
in New Fairfield, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. William Swan
to [be] Ensign of the south part of the second company or
trainband in Stoningtown, and order that he be commissioned
accordingly.

Upon the memorial of the parish of Unity in Fairfield coun-
ty, in conjunction with the winter parish of Long Hill in
said county, praying this Assembly to annex said winter par-
ish to said Unity parish, grant a committee to view the cir-
cumstances of the said memorialists,

Resolved hy this Assembly, That Messrs. Samuel Mix,
Stephen Howell and James Peck, jun., all of New Haven, be
a committee to repair to said parishes, notify the inhabitants
and view their circumstances, at their charge, and also view
the circumstances of those inhabitants living in tlie parish of
Stratfield in Fairfield bounds, mentioned in the remonstrance
laid before this Assembly by said inhabitants, at the charge of
Stratfield parish, and make report thereof to this Assembly in
their present sessions.

Upon the memorial of Benjamin Hurd the 2d, Jonathan
Sand lord, John Leavensworth, Adam Hurd and Zebulon Leav-
insworth, all of the first society in Woodberry, shewing this
Assembly that they were very remote from the publick wor-
ship in said first society, and nearly situate to the parish of
Roxberry in said Woodberry, and praying this Assembly to
annex them and their estates unto the said parish of Roxberry :
Resolved by this Assembly, that the above memorialists and
their estates be annexed unto the said parish of Roxberry ac-
cordingly.

Upon the petition of Samuel Mansfield of New Haven,
sheriff, vs. William Karr of Lyme, setting forth that the said
Karr brought his action against the petitioner for thirty
pounds money damages, for sutFering one James Rhodes to
escape after he was taken upon two certain executions in fa-

1744.] OF CONNECTICUT. 51

voiir of said Karr, by his writ dated the 25th day of March,
1742, upon which action a final judgment was had against tlie
petitioner at the superior court, lield in New Haven in August
last, praying for a reversal of said judgment and a rehearing
in said case, for the reasons in said petition assigned : It is
enacted, granted and ordered by this Assembly, that the said
judgment be set aside, and the same is iiereby annulled, set
aside and made void, and the petitioner allowed another tryal
of said cause in the superior court to be held at New Haven in
and for the county of New Haven on the last Tuesday of
February next, and that all cost follow the judgment in said
tryal.

Upon the memorial of Elizabeth Rogers and Peter Rogers
in the county of New London, administrators on the estate of
William Rogers, late of said New London, deceased, shewing
to this Assembly that the debts due from the estate of the said
William Rogers exceed the whole of his personal estate the
sum of ,£141 8s. 9d. old tenour bills, and tiiereupon praying
that this Assembly would give leave to sell so much of the
lands or real estate of the said deceased as will be sufficient to
pay the aforesaid debts, <fec.: Whereupon it is resolved by this
Assembly, that Mr. John Tinker, of said New London, be ap-
pointed to sell, and he is hereby appointed and authorized to
sell so much of the real estate of the said William Rogers, de-
ceased, for the payment of his debts, as will amount to the
sum of <£141 8s. 9d. with the incident charges arising
thereon, in old tenour bills of credit, taking the directions of
the judge of probates in the county of New London in the
sale thereof.

[252] Upon the petition of Justus Bush, of Greenwich, vs.
Reuben Close and Benjamin Close, jun., of said Greenwich,
representing that he, said Brush, brought his action against
the said Reuben Close and Benjamin Close, demanding fifty
pounds lawful money damage, which action came to the supe-
rior court in Fairfield in February, 174f , where judgment was
rendered against the petitioner, from which he was admitted
a review, but there being no "bond to prosecute the said re-
view, the case at the superior court held in Fairfield in August
last was dismissed ; and thereupon praying for liberty to enter
his said action by way of review at the next superior court to
be held in Fairfield : Resolved by this Assembly, that the
said Justus Bush shall have liberty of a review of said case,
and shall and may enter the same in the superior court to be
held in Fairfield on the last Tuesday save one in February
next, which shall be heard and tryed as though entered by

52 PUBLIC RECORDS [Oct.

review in the common course of the law : provided the peti-
tioner, before such tryal, give bond before said court to prose-
cute said review ; and that if the plaintiff in said action re-
cover, the future cost only to follow the judgment, but if the
defendants recover, the whole cost to follow the judgment ;
and the execution taken out on the former judgment is hereby
reversed and made void.

Upon the memorial of Elizabeth Shackmaple, of New Lon-
don, administratrix on the estate of John Shackmaple, Esq.,
late of said New London, deceased, shewing to this Assembly
that the- real estate of the said John Shackmaple consisted in
a warehouse and piece of beach, which is growing worse every
day, and his estate much involved in debt, so that she was
forced to sell her own estate for the payment of a great part
of the price of said house since the decease of said John
Shackmaple, and that she cannot subsist and bring up her
children without the sale thereof, and thereupon praying
that this Assembly would grant her liberty to sell the same :
Whereupon this Assembly appoints and authorizes her, the
said Elizabeth Shackmaple, to sell the said warehouse, taking
the direction of the court of probate for the district of New
London in the sale thereof.

Upon the memorial of Mary Mackinzie, of New London, in
the county of New London, administratrix on the estate of
Roderick Mackinzie, late of said New London, deceased,
shewing to this Assembly that the debts due from said estate
surmount both real and personal estate of said deceased,
praying for liberty to sell the real estate of the said Roderick
in order to pay his just debts as shall be allowed by the com-
missioners on said estate : Resolved by this Assembly, that
the said Mary be impowered, and she is hereby impowered,
to sell the real estate of said Roderick, deceased, for the pay-
ment of said debts, taking the direction of the court of probate
in the district of New London.

Upon the memorial of Robert Foot, Samuel Baker and
Nath'l Harrison, selectmen of^ the town of Brandford in
the county of New Haven, shewing to this Assembly that
Joshua Palmer of Brandford aforesaid, son of Joshua Palmer
late of said Brandford, deceased, is an idiot and uncapable to
contribute anything to his support, and that he has been sup-
ported by said town for the space of one year last past, where-
by charge has arisen on said town, and he having an estate
left him in Brandford in lands and buildings and no move-
ables to support him ; and thereupon praying that this Assem-
bly would grant leave to the said selectmen to sell the lands,

1744.] OP CONNECTICUT. 53

&c., of the said Joshua Pahiier, for the payment of the charges
arisen on said town, and for his future support and mainten-
ance, as needed : Whereupon this Assembly authorizes and
appoints and impowers Nathaniel Harrison, Samuel Baker
and Robert Foot, of said Brandford, to sell the aforesaid lands
and buildings of the said Joshua Palmer, taking the direction
of the judge of probates for the district of Guilford in the sale
thereof, and that an account of the expences and charge ad-
vanced for the support and maintenance of said idiot be laid
before the said judge of probates from time to time.

This Assembly appoints Capt. Thomas Hotchkins Justice
of the Peace for the county of New Haven until June next.

Upon the memorial of Christopher Holmes, administrator
on the estate of Eliphalett Holmes of EastHaddam, deceased,
praying to this Assembly for liberty to sell so much of the
lands of the said deceased as amounts to the sum of fifty-one
[253] pounds eight || shillings and sixpence, lawful money :
Resolved by this Assembly, that the said Christopher Holmes
have liberty to sell so much of the lands of the said Eliphalett
Holmes as shall amount to the sum of £51 8s. 6d., taking the
advice of the judge of the court of probate in the district of
East Haddam, together with the necessary charges arising on
the sale thereof.

This Assembly do appoint Major Jabez Hamlin Justice of
the Quorum for the county of Hartford till June next.

This Assembly do establish and confirm Mr. Isaac Bigelow

to be Ensign of the south company or trainband in the town

of Colchester, and order that he be commissioned accordingly.

An Act to provide new Sails, Cable and some spare Rigging for the Col-
ony Sloop Defence.

Whereas the committee api)oiiited l)y this Assembly to con-
sult what may be advisable to be further done relating to the
war have informed this Assembly that the Colony sloop De-
fence is under disadvantages of answering the end she is de-
signed for, for want of a new main-sail, fore-sail and a gibb,
as also for want of a new cable suitable for said sloop, and also
for want of some spare rigging : Therefore,

Be it enacted by the Grovernor, Council and Representatives,
in Creneral Court assembled, and by the authority of the same,
That Hezekiah Huntington, Esq., be appointed, and he is
hereby appointed, forthwith toprocure a sufficient quantity ot
good Hollands duck to make the sails aforesaid, and also a
suitable cable for said sloop, and a suitable quantity of spare
rigging for said sloop, and the said duck when purchased as
quick as may be to transport to New London for the use of
said sloop.

54 PUBLIC RECORDS [Oct.

Arid it is further enacted, That the sum of eight hundred
pounds, old tenour, be forthwith drawn out of the treasury
and put into the hands of the said Hezekiah Huntington, Esq.,
for tlie purcliasing of the things aforesaid, for which sum he,
the said Huntington, Esq., shall account to the General As-
sembly in May next.

This Assembly do order and direct the Treasurer of this
Colony, Colo. John Whiting, to attend the Assembly on the
29th day of October instant, and bring with him a sufficiency
of the bills of credit in his hands to defray the charges of this
Assembly.

Resolved hy this Assembly, That Nathaniel Stanly, Esq., be
a committee fully authorized and impowered to make sale of
a certain tract of land lying in the town of Litclifield, being
about eighty acres, and is bounded and described on the re-
cords of the town of Litchfield, and was lately the estate of
John Sutlief of said Litchfield, and by him mortgaged and re-
leased to the Governor and Company of tliis Colony ; and to
take bond of tlie purchaser of the same on interest with suffi-
cient sui"ety, allowing one year's time for payment from the
date of said bond ; and also make and execute a proper deed
of conveyance to the purchaser thereof, which shall be suffi-
cient for the sure holding of the same ; and to lodge the bonds in
the hands of the Secretary of this Colony, for the use of the
government.

Upon the memorial of Elnathan Rowley, administrator on
the estate of Thomas Lewis, late of Midletown, deceased,
shewing to this Assembly that the debts due from the estate of
the said deceased exceeded his moveable estate the sum of £82
12s. \d. and tliereupon praying that this Assembly would grant
leave and liberty to make sale of so much of the real estate of
the said deceased as may be sufficient to pay and satisfy the said
sum of £82 12s. Id. bills of credit,, old tenour : Whereupon
it is resolved by this Assembly, that the said Elnathan Rowley
be appointed, and he is hereby authorized and impowered, to
sell so much of the real estate of said Thomas Lewis, deceased,
as may be sufficient to pay and satisfy the said sum of <£82
12s. Id. with the incident charges arising thereon, taking
the direction of the judge of probate in the district of Hart-
ford on the sale thereof.

This Assembly do establish and confirm Mr. Gideon Walker
to be Captain of the Troop in the 13th regiment in this Colony,
and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Eliezer Hin-

1744.] OF CONNECTICUT. 55

man to be Lieutenant of the Troop in the 13th regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Riveriiis Car-
rington to be Quarter-Master of the Troop in the 13th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

[254] Upon the memorial of Joseph Savage and Seth Wet-
more, of Midletown in Hartford county, executors on the last
will and testament of Joseph Whitmore, late of said Midle-
town, deceased, shewing to this Assembly that the debts due
from said estate surmount the personal estate of the said de-
ceased the sum of c£28 16s. 4d., praying for liberty to sell so
much of the real estate as to pay and answer said sum with
necessary charges about the sale thereof : Resolved by this
Assembly, that the said Joseph Savage, one of the memorial-
ists, shall have liberty to, and he is hereby authorized to sell
so much of said real estate as to answer said sum in old ten-
our and charges, taking the direction of the court of probate
in the county of Hartford.

On the petition of Thomas Stow, of Midletown, vs. James
Evarts, of Guilford, on the files : The question was put,
whether the reasons assigned and offered under the demurrer
to said petition are sufficient to set aside the same : Resolved
by tliis Assembly in the affirmative. Cost alloived respondent
is £2 lbs. 2d. old tenor. Ex. granted Nov. 2d, 1744.

On the petition of Pardon Tabor, of New London, vs. James
Rogers, of New London, &c.: The question was put, whether
the prayer of said petition should be granted : Resolved by
this Assembly in the negative. Cost allowed respondent is £8
17s. 6d. old tenor. Ex. granted March 6th, 1744-5.

On the petition of Caleb Abell, &c., of Lebanon, <fec., vs. Si-
mon Tracey, of Norwich, on file: The question was put, whether
there be error in the judgment complained of: Resolved
by this Assembly in the negative. Cost agreed to hy the par-
ties, £5 14s. Od. Paid in court hy the resp07idents.

Upon the memorial of Abigail Wheeler and Thomas Ed-
wards, both of Stratford, executors of the last will and testa-
ment of Ebenezer Wlieeler, late of said Stratford, deceased,
shewing to this Assembly that your memorialists were impow-
ered by said deceased in his last will and testament to sell
some parcels of land to him belonging, and especially forty
acres at a place called Long Hill ; also shewing that twenty-
three acres of said forty acres is under a mortgage to the Gov-
ernour and Company of this Colony, as is particularly therein

56 PUBLIC RECORDS [Oct.

bounded and described ;. and praying that said mortgaged
premises may be made over to said memorialists upon their
paying the sum borrowed with the lawful interest and all dam-
ages accruing on default, as per the memorial on file : Re-
solvfed by this Assembly, that Nathaniel Stanly, Esq., and
Capt. George Wyllys, are appointed, and they are hereby ap-
pointed, authorized and fully impowered, to make over and re-
lease to the said memorialists the said mortgaged premises, on
their paying into the Colony treasury the sum of one hundred
pounds in bills of credit on this Colony with the lawful inter-
est which shall be due at the time of payment.

Whereas tliis Assembly did at their sessions in May last,
upon the memorial of the towns of Stoningtown and Groton,
appoint and impower Messrs. Simon Lothrop, Richard Hide,
and Ebenezer Hartshorn, all of Norwich, a committee to run
the line and ascertain the bounds between said towns, at the
charge of the memorialists, and to make report to this Assem-
bly in their present sessions ; and whereas the agents of said
towns have informed tliis Assembly that by the act of Provi-
dence said committee were prevented from performing said
service, and desiring that their power may be continued and
they directed to make their report in the premises to this As-
sembly at their sessions in May next : Resolved by this As-
sembly, that the power of said committee be continued accord-
ingly, and they are hereby directed to make report of their
doings in the premises to this Assembly at their sessions in
May next.

Upon the memorial of John Bowton, administrator on the
estate of Daniel Bowton, late of Sharon in the county of New
Haven, deceased, shewing to tliis Assembly that the debts due
from the estate of the said deceased surmounts the personal
estate the sum of £79 Os. Od. of the old currency, praying to
this Assembly for liberty to sell so much of the real estate of
the said deceased as shall amount to the sum of X79 Os. Od.
of the old currency with the charges arising thereon : Resolved
by this Assembly, that the memorialist have liberty, and he is
hereby authorized and impowered, to sell so much of the real
estate of the said deceased as shall amount to the sum of
£79 O.s'. Od. of the old currency and the necessary charges
arising thereon ; taking the direction of the court of probate
in the district of Litchfield therein.

[255] Upon the memorial of John Clark and others,
inhabitants of the third society in Middletown in Hartford
county, shewing to this Assembly that those of them that live
nearest to the place of publick worship were more than five

1744.] OP CONNECTICUT. 57

miles distance tlierefrom, and some near ten miles distance,
the roads bad, <fec., praying for liberty to be released from
paying publick taxes to the support of the minister in said
society on their hiring an orthodox minister among themselves,
and that they may be enabled to raise taxes on their polls and
rateable estate on themselves and others within the bounds
hereafter mentioned, (viz :^ beginning at the northeast corner
of Midle-Haddam bounds, next to Colchester bounds, and
from thence running west by a highway to another highway
that runs northerly, on the west side of a hill called the great
hill, then turning and running northerly by said highway to
the south end of said hill, then northeasterly by the west
side of said hill until it comes to the three mile division, so
called, thence by said division to Glassenbury bounds, then
east by said bounds to Colchester bounds, southerly by said
bounds to the first mentioned place : Resolved by this Asseni-
•bly, that the said memorialists, and all others that now live
or shall live within said bounds, shall be exempted from pay-
ing taxes to the support of the ministry in said third society,
on their hiring an orthodox minister among themselves at
least eleven months in a year, yearly ; and that the said John
Clark warn all the inhabitants within said bounds to meet at
some place by him to be appointed, at least five days before
said meeting, and when they are so met they shall have pow-
er, and are hereby impowered, to choose a moderator and
clerk and such other officers as are needful, and to grant and
collect rates or taxes on the polls and . rateable estate of said
inhabitants for the support of the ministry, as is provided in
the laws of this Colony respecting societies ; and that said
clerk take the oath provided in the law for society clerks.

Whereas this Assembly did at their sessions in May last ap-
point and impower Colo. Joseph Minor and Colo. William Pres-
ton a committee to go and view a certain tract of land lying
within the bounds of this Colony on the west side of Ousa-
tunuck river, bounded on said river on the east, and on Sharon
on the north, and on New Fairfield on the south, adjoyning
on the west to the dividend line between the Province of
New York, &c., and to examine the rights or pretensions of
the claims of such persons that have now entered thereon,
and to make their report of what they find and the circum-
stances respecting the same, to this Assembly at their present
sessions ; and whereas by the providence of God the com-
mittee aforesaid have not yet been capable to perform said
service : Whereupon it is resolved by this Assembly, that the

58 PUBLIC RECORDS [Oct.

committee's power aforesaid be continued, and tliat they make
their report to this Assembly on the premises in May next.

Whereas this Assembly, at their sessions in October anno
Domini one thousand seven hundred and forty, granted unto
Messrs. Thomas Fitch, George Wyllys and Robert Walker,
the sole liberty of making steel in this Colony for tlie space
of fifteen years, on condition they begun and performed said
work in two years, &c., and the said time being past and the
condition not performed, this Assembly, at their sessions in
October last, renewed said grant on the condition they, the
said undertakers, their executors &c., should make half a
tun of steel before the sessions of this court; and whereas
Aaron Eliott, the overseer of said affair in behalf of said un-
dertakers, has certified and made evident to this Court that
the said undertakers or their assigns have made half a tun
of good steel in this Colony at their furnace at Symsbury by
them erected for that purpose : Whereupon this Assembly
do declare and determine that the said condition is performed
according to the tenour and meaning thereof, and order that
this determination be entered on the records of the Colony
as an evidence thereof.

An Act for advancing Grand Jurors' Fees.
Be it enacted by the Grovernor, Council and Representatives,
in Creneral Court assembled, and by the authority of the same,
That each grand juror that shall be summoned to attend on
any superior or county courts shall be allowed six shillings
per diem for their attendance on such courts, in old tenour
currency ; any law, usage or custom, in any wise to the con-
trary notwithstanding.

[256.] Upon the report of Messrs. Benjamin Hall, John
Southmaid and Samuel Hickcox, a committee appointed by
this Assembly in May last to affix a place in the first society
in Woodberry to build a meeting house upon, shewing this
Assembly that they, having viewed the circumstances of said
society and heard the parties on the premises, have set up a
stake with stones laid about it on the hill about forty rods
north from the old meeting-house, at the head of the street
or highway that runs westward, and in the large street that
runs north and south ; which place said committee was of
opinion was the most convenient place for said society to
build a meeting-house upon : Resolved by this Assembly,
that the report of said committee be accepted, and the place
aforesaid is established and ordered to be the place for said
society to build a meeting-house upon accordingly.

Upon the petition of Jarvis Rhoads, of Fairfield, shewing

1744.] OF CONNECTICUT. 59

that on complaint against liim for robbery, he was bound in
a recognizance of forty pounds, lawful money, with a surety,
personally to appear before the superior court held in Fairfield
in August last, to answer thereto and abide the judgment of
said court, and that he being absent when called, his recog-
nizance was by said court declared to be forfeited ; and pray-
ing for relief in the premises, alledging that through misadvice
and mere mistake he happened to be absent when called :
Resolved by this Assembly, that the said Jarvis Rhoades have
liberty to enter the said case and matters relating thereto in
the superior court to be held in Fairfield on the last Tuesday
save one in February next, and submit to a legal tryal therein ;
which matters the said superior court are hereby impowered
to hear and determine ; and if the said Rhoads shall so submit
to a tryal and abide the judgment that shall be given therein,
then the said recognizance and judgment declaring the
forfeiture thereof shall be void.

Whereas anciently the Kings' letters, instructions, <fec., and
letters from the Secretaries of State, Board of Trade, <fec.,
with the answers thereto, and other writings of publick con-
cern, were entered in a book of records kept for that purpose,
which practice was continued for many years, but has for
some years been neglected ; and whereas those ancient records
are found to be of great use and service : Whereupon it is
resolved by this Assembly, that the Secretary of this Colony
do, and he is hereby directed to procure a suitable book for
the use of this Colony, for recording the King's letters,
orders or instructions, letters and instructions from the Sec-
retaries of State and from the Board of Trade, and other
writings of general and publick concern to this government,
and the answers thereto, and therein to record such matters
of publick concern as are not yet recorded and he can obtain
for that purpose, and also to record from time to time such
matters as shall be sent to or from this govermnent ; which
book shall be kept in the Secretary's office and be for the use
of this Assembly from time to time. And his Honour the
Governor is desired to assist the Secretary in collecting the
said matters, not yet entered, in order to be recorded ; and
the Secretary shall be allowed reasonable satisfaction for his
service herein.*

Upon the memorial of J ames Levinze and others, inhabitants
of the first society in Killingly, shewing to this Assembly that
this Assembly did, in May, A. D. 1742, appoint a committee to
repair to said society and view the same and affix a place for a

* Unhappily this resolve does not seem to have been put in execution.

60 PUBLIC RECORDS [Oct.

meeting-house &c., which committee did affix a place for a meet-
ing-house, and made their report thereof, and the same was
approved and confirmed ; and thereupon praying this Assem-
bly to set aside and make void the i-eport of said committee
and appoiiit another committee to go to said society and view
the circumstances of the same, and to draw a line in order
to divide said society into two distinct ecclesiastical societies:
Whereupon it is resolved by this Assembly, that Colo.
Hezekiah Huntington, of Norwich, Mr. Simeon Minor, of
Stonington, and Capt, Joseph Addams, of Canterbury, be
[257] II a committee with full power to repair (at the cost of
the memorialists) to said society as soon as may be with con-
veniency, view the same and hear all parties concerned, and
if they judge that said society ought to be divided into two
distinct ecclesiastical societies, that then they draw a line in
order to divide the same, and make their report thereon to
this Assembly in May next : but if said committee shall be of
opinion that said society ought not to be divided, that then
the committee inform said society what their opinion is, and
that said society ought not to be divided ; and thereupon the
society shall proceed in building and finishing their meeting-
house, at the place where it is now stated.

Upon the petition of Benjamin Cogshall and Elizabeth his
wife, and Samuel Jones and Hannah his wife, all of Stratford
in Fairfield county, against James Dunlop of said Stratford,
praying this Assembly to set aside and make void the act and
decree of this Assembly, referred to and set forth in said peti-
tion, and enquire into the whole circumstances of the case on
which said act or decree was past, and determine thereon
in equity : Whereupon it is resolved by this Assembly, that
there shall be a re-enquiry in the said case, and therefore grant
that a committee be appointed to that purpose; and thereupon
this Assembly do appoint Jonathan Hoit of Standford, Esq'',
John Hubbard, Esq •■. and Mr. Samuel Mix, both of New Haven,
a committee to enquire into all the matters set forth and re-
ferred to in said petition, and do hereby fully authorize an^
impower said committee to appoint time and place, and give
the parties concerned therein seasonable notice thereof, and
enquire into all the matters set forth and referred to in said
petition, and the circumstances relating to the same, by
examining the parties under oath if they shall think neces-
sary, and all other evidences by the parties produced or either
of them, together with all other things by the said parties
or either of them laid before said committee relating to said
case, and upon the whole of what they find in the premises

1744.] OP CONNECTICUT. 01

together with tlie evidences so taken, make return thereof
to this Assembly in their sessions at Hartford in May next,
with their opinion upon the whole case.

An Act for the Regulating-, the Serving and Returning of Writs and Peti-
tions and Entering Appeals.
Be it enacted ly the Govenor, Council and Representatives, in
Creneral Court assembled, and by the authority of the same.
That from and after the first day of March next, all original
and judicial writs (except executions) in civil cases, and pe-
titions and memorials (wherein there shall be any party or
parties to 1)C notifyed,) returnable to any superior or county
court or to the General Assembly, shall be served at least
twelve days inclusive before the day of such courts sitting or
day of appearance; and that such writs as are made returna-
ble to the county courts shall be returned to the clerks of said
courts on the day before the sitting of such county courts, and
not afterwards ; and that all appeals to any of the superior or
county courts shall be entered in such courts respectively be-
fore the second opening of such court, and not after, unless
the appellant shall pay to the appellee all his cost in such case
arisen to that time, to be taxed by the court, which being done
the action may be entered by the appellant before the jury at-
tending such court are dismissed, and not after ; which cost
so taxed and paid shall not be considered nor allowed in mak-
ing up the bill of cost in the final determination of the case ;
any law, usage or custom to the contrary in any wise notwith-
standing.

Upon the report of Messrs. John Bulkley, Roger Wolcott and
Joseph Phelps, a committee appointed by this Assembly in May
last to repair unto and view the circumstances of the second
society in Mansfield, in order to affix a place for a meeting-
house in said society, reporting to this Assembly that the most
suitable place for a meeting house in said society is on the end
of the hill on the westerly side of Springy Hill road, about ten
rods southerly of the dwelling house of Zachariaii Paddock,
near a rocky |)lace, which then, (viz.') at the time of said view,
was on the land of said Zachariaii Paddock, but now made
over by said Paddock to the said society, upon which place
the said committee have set a stake : This Assembly do affix
the said place, were the stake is set by said committee, for the
place for the said society to build a meeting house on for said
society.

[258] Upon the report of Messrs. Benjamin Hall, John
Southraaid and Samuel Hickcox, a committee appointed by
this Assembly in May last to affix a place for the* inhabitants
of Roxberry parish in Woodbury to build their meeting-house

62 PUBLIC RECORDS [Oct.

upon, reporting to this Assembly that they, having viewed
the circumstances of said society and heard the parties on the
premises, are of opinion that within twenty or thirty feet of
their old meeting house is the most convenient place for said
society to build their meeting house upon : Resolved by this
Assembly, that the report of said committee be accepted and
approved, and the said society is hereby ordered to build their
meeting liouse at said place accordingly.

Upon tlie memorial of the reverend Trustees of Yale Col-
lege in New Haven, respecting the repairing the rector's house :
Resolved by this Assembly, that the said house, both roof and
sides, be new covered, the sides coloured, and the windows
filled with sash glass; and Capt. John Hubbard and Mr. Sam-
uel Mix of New Haven are hereby appointed a committee to
take care of and procure said work to be done and lay their ac-
count thereof before this Court at tlieir sessions in May next.
And this Assembly orders the Treasurer of this Colony to pay
and deliver to the said committee the sum of two hundred
pounds in bills of credit, old tenour, to be improved for that
purpose.

Upon the petition of John Winthrop, Esq., of New London?
shewing and reciting that John Richards, Esq., and Margaret
Douglass and William Douglass, all of New London, said Mar-
garet and William being executors of the last will and testa-
ment of Ricliard Douglass, late of said New London, deceased,
brought their petition to the General Assembly at New Haven,
October, 1740, setting forth that Major General Wait Win-
throp, Esq., executor to the last will and testament of Fitz-
John Winthrop, Esq., became bound unto Robert Lattimore,
James Rogers and Joshua Hempstead, Esq''s., all of New Lon-
don, a committee for said town, in a bond of six hundred
pounds lawful money of New England, conditioned for pay-
ment of seven hundred and fifty ounces of silver, &c. ; that
said Wait Winthrop, Esq., died intestate, an7io Domini 1717 ;
that, 17!^5-6, letters of administration, which had been granted
to said John Winthrop, Esq., were reversed and administra-
tion on the estate of said intestate committed to Thomas Lech-
mere, Esq. ; that A.D. 1726, said Lechmere, having been im-
powered to sell lands to pay said obligation, sold to them, the
then petitioners, three hundred seven acres of the lands of
said intestate, on consideration whereof they, by their own ob-
ligation satisfying and securing said New London committee,
procured and obtained to be delivered up to said Thomas
Lechmere the said bond by said Wait Winthrop, Esq., exe-
cuted as abovesaid ; that they having been ousted of said

1744.] OF CONNECTICUT. 63

lands, in pursuance of an act of tlie King and Council, said
Lechraere gave and delivered to them the said bond by said
Wait Winthrop, Esq., executed, to and for tlieir own use, to
have and recover the sum thereon due, and that 'accordingly
they ought to have and recover the same, and tlierelore
prayed a decree in their favour ; and said John Winthrop,
Esq., further shewing that the General Assoml)ly, in October,
1741, (to which said petition came by continuance,) did there-
upon decree, (i'/2.) that the said complainants siiall recover
against the defendant of the estate of the said deceased Wait
Winthrop, Esq., "' the said principal original debt, with the
lawful interest thereof, (v/a;.) the sum of five hundred sixty-
two pounds ten shillings lawful money of New England, and
their cost of prosecution allowed to be thirteen pounds tliir-
teen shillings and four pence ;" that sundry successive execu-
tions have thereon been issued, and the sheriff, so understand-
ing the words of said decree and executions, has ever
demanded and insisted upon lawful money as ascertained in
the late act of this Colony made since said decree in payment
of said execution, to his, said John Winthrop's, grievous
wrong ; and thereupon praying a reversal of said decree, or
that it be now ordered and decreed that said sum of five hun-
dred sixty-two pounds ten shillings and thirteen pounds thir-
teen shillings and four pence in bills of credit be accepted
[259] in full satisfaction of said || decree or execution thereon:

Resolved by this Assembly, That the said bond given by said
Wait Winthrop, Esq., dated July 13th, 1709, is within the
meaning and regulation of the law of this Colony made in Oc-
tober, 1718, entituled An Act for the further encouraging the
currency of the bills of publick credit and for preventing the
oppression of debtors ; and that the said decree of the General
Assembly in October, 1741, may be answered and satisfyed
by the payment of the sum of five hundred sixty-two pounds
ten shillings in bills of credit on this Colony, and the sum of
thirteen pounds thirteen shillings and four pence in like bills
for cost.

Ayid it is hereby also enacted and decreed, That if the said John
Winthrop, Esq., shall pay or tender the said sum of five hun-
dred sixty-two pounds ten sliillings and thirteen pounds thir-
teen shillings and four pence in good and lawful bills of credit
on this Colony, in satisfaction of said decree and execution
thereon, he shall not be further liable to have such execution
further served or levyed upon his body or estate.

Resolved by this Assembly^ That Nathaniel Stanly and Wil-
liam Pitkin, Esq''^, be a committee to settle all accounts relat-

64 PUBLIC RECORDS [Oct.

ino; to tlie sloop Defence, for the current year, and to draw an
order or orders on the Treasurer for the payment of what
shall be found due.

Upon the memorial of Nathaniel Stone, of Guilford, pray-
ing this Assembly to set him and his estate off from the so-
ciety of East Guilford, to which he was annexed last May,
and annex him to the first society in said Guilford, as per his
memorial on file : Resolved, enacted and granted by this As-
sembly, tbat the memorialist be, and he with his estate are
herel)y taken off from the society of East Guilford and freed
from all society and ministerial taxes and rates to said East
Guilford society, and the said memorialist and his estate are
hereby annexed to the first society in Guilford.

Upon the memorial of the parish of Unity, in Stratford,
with tbe inhabitants of the winter parish of Long Hill in said
Stratford, praying to this Assembly to be united into one dis-
tinct ecclesiastical society, or for a committee to view their
circumstances in order to their being united into one society
as aforesaid ; and tbis Assembly having appointed a commit-
tee as pi'ayed for, who having viewed the circumstances of said
memorialists and have reported to this Assembly in their
present sessions, that it is their opinion that it is best said me-
morialists should be united and made one society as prayed
for, as per their report on file appears :

Resolved by this Assembly^ That said memorialists within the
following lines and bounds, (viz :) The ancient bounds of said
Unity parish on the east, and on the north and south, so far
as said Unity parish bounds extended west, then a beginning
at the house of James Fairchild, at the southwest corner of
said Unity parish, thence running westerly including the
dwelling house and homestead of Mr. John Edwards, thence
west until it intersects the dividend line between the towns of
said Stratford and Fairfield, and from thence northward in
said dividend line to the north bounds of said Stratford, and
from thence easterly in said north line until it meets with the
said north line of said Unity parish, all which shall be one
distinct ecclesiastical society, with the same powers and priv-
ileges as other ecclesiastical societies in this Colony are vested
with, and shall be known and called by the name of North
Stratford.*

Upon the memorial of Benjamin Miller, John Bartlett and
others, inhabitants of the first society in Midletown, living in
the southwest part of said town bounds, praying to this As-
sembly in May last that they may be a distinct ecclesiastical

* Now the town of Trumbull.

1744.] OP CONNECTICUT. 65

society ; whereupon this Assembly did appoint a committee to
view their circumstances and report to this Assembly in their
present sessions, and said committee, having viewed their cir-
cumstances, report to this Assembly (as appears by said report
on file), tliat the memorialists within the bounds following
are of sufficient ability to be a distinct ecclesiastical society,
[260] (viz ;) || Beginning at the southwest corner of said
Midletown bounds and running eastward on the south line of
said town to the soutlieast corner of Talcot's farm, and from
thence north on the east line of said farm to the northeast
corner of said farm, from tlicnce northwesterly to a cart bridge
standing on the west river, from thence to th'e stoney hill to
a place called the Stone-Horse-Block, from thence westward
to the northeast corner of tlie lot originally laid out to Rich-
ard Hall, and continued still westward on the north line of
said lot to the west line of said town, and from thence to the
first-mentioned corner.

Whereupon it is resolved hy this Assembly, Tliat the memo-
rialists and inhabitants living within the bounds aforesaid
shall be one distinct ecclesiastical society, with all the powers
and privileges as other ecclesiastical societies have within this
Colony, and shall be called and known by the name of Midle-
field.

Upon tlie petition of Nathaniel Gove, of Lebanon in the
county of Windham, praying this Assembly to set aside the
judgment of the adjourned county court held in Windham on
the fourth Tuesday of February, anno Dam. 1740-41. had
against the petitioner by Barret Dyer and Gershom Keys,
both of Boston in the county of Suffolk and Province of the
Massachusets Bay, for the surrendry of two certain pieces
of land lying in said Lel)anon, and fifty pounds damages, and
one pound fourteen shillings and six pence cost, upon their,
(viz.') the said Dyer and Keys' writ, dated the 24th day of
January, 1740-41, praying, for' the reasons in said petition
assigned, for a reliearing m said case : Resolved hy this As-
sembly, that tlie said judgment of the adjourned county court
be set aside, made null and void, and the same is hereby set
aside and made void, and the petitioner allowed another tryal
of said case at the county court to be held at Windham on
the second Tuesday of December next, and that the future
cost only follow said tryal.

Upon the memorial of the inhabitants of New Hartford,

praying this Assembly to grant a tax of two pence on each

acre, in old tenour, on all the lands in said New Hartford, for

the space of four years next ensuing, the one moiety of which

66 PUBLIC RECORDS [Oct.

tax to be imployed toward finishing the meetinghouse in said
town, and the other moiety towards paying the minister's
salary, &c. : Whereupon it is resolved by this Assembly, and
it is hereby enacted, that a tax of two pence on each acre is
granted on all the lands laid out within the bounds of said
New Hartford, (publick rights only excepted,) to be paid an-
nually in old tenour, for the space of four years next ensuing;
the one half of which tax shall be employed in finishing the
meeting-house in said place, and the other half towards the
minister's salary ; and Mr. Eliezer Goodwin of said New Hart-
ford is hereby appointed collector, to gather said tax for the
first year, with. full power and authority as other collectors
by law have to gatlier taxes, and after said first year said
town to choose a collector or collectors to gather the remain-
der of said tax.

Upon the memorial of Nathaniel Stanly, Joseph Bucking-
ham and James Church, committee for the free school in Hart-
ford, shewing to this Assembly that a certain bond of one John
Sutlief was set out to said school, and that he, said Sutlief, not
having any estate to answer said liond, &c., praying that the
same may be paid out of the pul^lick treasury, as by an act of
this Assembly in such case is provided : IJesolved by this As-
sembly, that the said committee be allowed to receive out of
the publick treasury the sum of one hundred ninety-six
pounds, four shillings and seven pence, old tenour bills, to
make up the loss aforesaid.

An Act for making- and emitting- Bills of Publick Credit.

Forasmuch as the expences of this government is greatly en-
hanced and is likely to be very heavy, by reason of the French
and Spanish war : Therefore,

Be it enacted hy the Governor^ Council and Representatives^
in General Court assembled., and hij the authority of the same,
That there be forthwith struck a certain number of bills
of credit on this Colony, from, one shilling to three pounds,
which in the whole shall amount to fifteen thousand pounds
[261] and no more, || and shall be stamped on the new plates,
with the addition of the date of this Assembly; and that Na-
thaniel Stanly, William Pitkin, George Wyllys, John Cliester,
and Joseph Buckingham, Esq^^ be a committee under oath for
the faithful management of the atfair, any three of them to
sign said bills and deliver them into the hands of the Treasurer,
taking his receipt for the same.

And it is further enacted by the authority aforesaid, That
the Treasurer be, and he is hereby impowered to issue forth and
pay outthe said sum of fifteen thousand pounds, towards the pay-
ment of the publick debts of this Colony, according to such

1744.] OF CONNECTICUT. 67

orders as shall be given liim from time to time according to
law.

And as a fund and security for the re-payment and drawing
in of the said bills into the treasury again, this Assembly
grants a rate or tax of fifteen thousand seven hundred and fifty
pounds, to be levied on polls and all other rateable estate of
this Colony, to be paid into the treasury at or before the last
day of May, anno Dom. one thousand seven hundred and fifty-
five, which rate shall be paid in bills of credit on this Colony
of the new tenour, with the advance of twelve pence on the
pound, or in silver money at eight shillings per ounce troy
weight sterling alloy, or gold equivalent.

Upon the petition of James Evarts, of Guilford, in the county
of New Haven, against Thomas Stow, of Midletown in the
county of Hartford, praying this Assembly to set aside the do-
ings of Return Meiggs, constable of said Midletown, upon a cer-
tain execution had in favour of said Stow against the peti-
tioner, for the sum of twenty-seven pounds seventeen shillings
and eleven pence, being the residue of a former execution for
the sum of & 31 7s. lie?., wiiich last execution is dated the
30 th day of May, 1744, upon which the said constal)le took, in
satisfaction for the same execution and charges, sixty acres
and one hundred and two rods of the petitioner's land in said
Midletown with allowance for highway, being part of a lot
originally laid out to one Samuel Hall. Said sixty acres and
102 rods is bounded as follows : beginning at a red oak bush
standing in the north line of said lot at the distance of 138 rods
from Scrantum's north west corner, and from thence running
across said lot south about nine degrees east 116^ rods to land
in the possession of John Warner to a walnut bush and stones,
and thence near east as a fence is 88 rods to a walnut bush
and stones about it, by a fence enclosing land of Nathaniel
Bacon's, tiien near north 11(> rods and a half to a stake and
stones in the north line of said lot at the distance of 32 rods
and \ from said Scrantum's northwest corner ; whicli doings
are endorsed on said execution, and dated the 2d day of June,
1744; praying, for the reasons in said petition set forth, to
have said doings set aside : Resolved by this Assembly, that
the said doings of Return Meiggs, constable as aforesaid, shall
be set aside, and the same with all the endorsements on said ex-
ecution aboutsaidland,and the record thereof, are herel)y made
null and void. And it is hereby enacted, decreed and ordered,
that the title of the land taken and endorsed as abovesaid shall
be in the petitioner as before the same was taken by said execu-
tion, and that the doings of said constable, nor any copy thereof,

68 PUBLIC RECORDS [Oct.

shall not be given in evidence in any tryal respecting the title
of said land.

Upon the memorial of the inhalntants of the parish of New
Concord in Norwich, shewing to tliis Assembly that consider-
able part of the improved land in said parish belongs to the in-
habitants of the first parish in said Norwich, and by law the
rates and taxes arising thereon are to be paid in the parish
where the owners dwell, praying this Assembly to enact
that the taxes arising on said improved land may be paid in
the parish where the land lyes, <fec. : Resolved by this Assem-
bly, that the lands nnder improvement, or that shall hereafter
be under improvement, now belonging to Hez'^. Huntington,
Jos. Waterman, Samuel Post, Ebenczer Backus. Jonathan Av-
ery, Abiel Marshall, Thos. Baldwin, Francis Griswould, Jacob
Edgerton and Simon Gagcr, inhabitants of said first society, that
lye and are included witliin the bounds of said New Concord
parish, shall be for the futurfe taxed in said New Concord par-
ish as though the owners thereof lived therein; and the afore-
said persons are hereby excused Irom paying any tax arising
on such land in the society wheie they dwell.

[262] An Act for the Preservation of Deer kept in Parks or other

Inclosures.

Whereas sundry persons in this Colony have lately erected
parks or inclosuresfor keeping and preserving deer, which is
likely to be for the publick good, and deer being wild by na-
ture, and heretofore in this land having been no person's prop-
erty till taken in hunting, many persons suppose they may
take them wheresoever they may be found, as well in parks as
in the open woods, upon which great damages accrue to the
owners of such parks and inclosures : Which to prevent,

Be it enacted hy the Governor, Comicil and jR,eprese7itatives,
in Greneral Court assembled, and hy the authority of the same.
That no person or persons shall kill or destroy any deer, buck,
doe, or fawn, kept in any park or inclosure in this Colony, or
course, hunt or wound any such deer, or wilfully throw down
any fence, or open any gate or bars inclosing such park or in-
closure, whereby such deer may escape, without leave from
the owner or owners of such park or inclosure, on pain that
every person so killing or destroying, or that shall be aiding
or assisting therein, shall for every such trespass forfeit and
pay to the owner or owners of such park or inclosure fifty
pounds money, besides the price of such deer so killed or de-
stroyed; and on pain that every such person so coursing,
hunting or wounding such deer, shall for every such trespass
forfeit and pay to the owner or owners of such park or inclos-
ure ten pounds money, besides all such damages as shall ac-

1744.] OP CONNECTICUT. 69

crue by such coursing, huntinc: or woundinei: ; and also on pain
that every such person so pulling down fence, opening gate
or bars as aforesaid, shall for every such trespass forfeit and
pay to the owner or owners of such park or inclosure one hun-
dred pounds money besides all such damages as shall accrue
by throwing down such fence or opening such gates or bars; to
be recovered by bill, plaint or information, upon conviction of
the trespasser or trespassers ; and in the tryal of any and every
action brought for any of the trespasses in this act mentioned,
the court before whom such action shall be brought, may pro-
ceed according to the method and rules provided in the fourth
paragraph of the law entituled An Act for the more effectual
detecting and punishing trespass.*

Provided^ Tliat in case the defendant in any action brought
upon any trespass in this act mentioned, being an Indian or
other person that shall be ignorant of the nature of an oath,
then the court that shall have cognizance of such action shall
refuse his, the defendant's, oath of acquittance provided in
said act referred to, and shall proceed on the defendant's part
to enquire according to and by any other proper evidence that
may be produced by the defendant.

Upon the memorial of Samuel Woodbridge, of the town of
Hartford in the county of Hartford, representing to this As-
sembly that for al)()ut thirty years last past he hath been settled
in the work of the gospel ministry in the third society in said
Harttord, and that the inhabitants of said society did, in the
year 1711, vote and agree to give the memorialist the sum of
sixty-nine pounds for his annual salary, and that sometime in
the year 1741, the memorialist was by bodily weakness in a
very considerable degree taken off from his ministerial work,
and that, notwithstanding the covenants and agreements made
by said society as aforesaid, the said society liave refused or
neglected to pay the memorialist anything for his salary for the
year 174o ; and thereupon praying this Assembly to take his
cause into their consideration, and thereupon to enact and de-
cree wliat said society shall give the memorialist for his salary
for the year 1743 ; which memorial being continued from the ses-
sions of this Assembly in May last to this time, and now this
Assembly having fully heard the parties on the controversy
aforesaid, and considered the same.

Whereupon this Assembly do resolve, enact and decree, That
the inhabitants of the third society in Hartford shall pay to
[26o] the said Samuel || Woodbridge, for his service in the
work of the ministry in said society for the year 1743, the sum

*Passed October, 1726. Vol. VII., 81.

70 PUBLIC RECORDS [Oct.

of one hundred and fifty pounds in bills of credit of the old tcn-

our. and that execution be granted accordingly.

Ex. granted December 19^A, 1745.

An Act directing- what Fees shaU be allowed the Deputy Sheriffs for
serving- and returning- Writs and Executions.

Whereas it has been customary for the deputy sheriffs in this
Colony to charge for their fees, to serve and return writs and
executions, from the place where the sheriff lives, and it often
happens that such writs are served and returned in the same
town where such deputy sheriff lives, which fees so charged
have been often allowed, and thereby the bills of cost have
been much increased,

Be it, therefore, enacted by the Governor, Council and Repre-
sentatives,in General Court assembled, and by the authority of the
same. That for the future no deputy sheriff in this Colony shall
be allowed any more for his fees for travel to serve and return
any writ or execution than he doth actually travel to serve and
return the same ; any law, usage or custom to the contrary not-
withstanding.

On tiie memorial of the inhabitants of the second society in
Coventry, praying for a tax on the lands lying within said soci-
ety, of four pence per acre, in old tenour, for the space of four
years next ensuing, as per their memorial on file,

Resolved by this Assembly, That a tax of four pence per acre,
according to old tenour, shall and is hereby granted on all the
lands in the second society in Coventry, to be paid by the ow-
ners of said lands annually for the space of four years next en-
suing, for the defraying the cliarges of said society in building
a meeting-house and support of the gospel. And Mr. Ebenezcr
Stiles of said society is hereby enabled to collect the same an-
nually for the purpose aforesaid.

An act further providing for the Defence of this his Majesty's Colony.
Be it enacted by the Governor, Council a)id Representatives^
in General Court assembled, and by the authority of the sa^ne,
That his Honour the Governor for the time being, with the ad-
vice of Joseph Whiting, Roger Newton, Ebenezer Silliman,
John Fowler, and Robert Treat, Esq^s or the major part of
them, be impowered, and he is hereby impowered, from time
to time, to order what number of men shall serve in the sloop
Defence, as also to appoint the needful officers over the same,
and commissionate or give warrants to sucli officers as that
affair shall require; and further to appoint and limit the time
and place for the cruise of said sloop, and order when she shall
put to sea or be laid up ; also to give order for the repairing
said sloop and supplying her with anchors, cables, sails, rig-
ging, and all other furniture, as the case may require, to ren-
der her fit for service.

1744.] OF CONNECTICUT. 71

A7id be it further enacted. That there shall be, from time to
time, one or more commissaries appointed by this Asseml)ly,
to purchase and procure needful and proper provisions for the
support of the company on board said sloop, (as they shall re-
ceive orders from the Governor,) and to send and deliver them
to the purser on board said sloop at New London, taking his
receipt, which receipt shall be lodged with one of the com-
mittee hereafter appointed to adjust and settle the accounts
with the purser, who shall give certificates (if required) to the
commissaries, that they have received such receipts of the
purser ; and in case the Defence be on a cruise when the pro-
visions arrive at New London, the provisions shall be delivered
to Colonel Gurdon Saltonstall , who is hereby appointed to re-
ceive them and deliver them to the purser and take his receipt,
who also shall give a receipt to the commissary of the provis-
ions he shall receive.

And, for the procuring and laying in a pnblick stock of
ammunition, it is enacted, That John Whiting, Esq'', Treasurer
of this Colony, be appointed, and he is hereby appointed and
impowered, to purchase one thousand five hundred pounds of
[264] powder, || two thousand pounds of lead, and three thou-
sand flints, and to lodge one thousand pounds of the powder
at New London under the care of Colonel Gurdon Saltonstall,
taking his receipt for the same ; and the remaining five hund-
red pounds of the powder, and the lead and flints, at Hartford
with Nathaniel Stanly, Esq'", taking his receipt for the same ;
and the stores lodged at Hartford shall, from time to time as
occasion shall require for the use of this Colony, be drawn out
in such manner and proportion as the Committee of War there
shall direct ; and the stores at New London shall, for the ends
and purposes aforesaid, l)e drawn out by the directions of his
Honour the Governor, or, in case of exigency, by the order of
the colonel of the third regiment of the militia in this Colony ;
and the storekeeper at each place shall render an account of
said stores to this Assembly from time to time, as lie shall be
thereunto required.

Arid, for rendering the port at New London the more defencea-
ble, it is enacted. That John Ledyard, Esq"", be appointed, and
he is hereby appointed and impowered, to purchase two cannon,
eighteen-pounders, and three more of the largest guns in the
towns in this Colony, (the town of Saybrook excepted,)
and plant the same on carriages on the battery at New Lon-
don, and also to procure ten carriage guns, some six and
some Ibur-pounders, and provide them with carriages fit for
shipping on board, and all proper furniture, as also to pro-
vide partridge shot and ball for the cannon, and the car-

72 PUBLIC RECORDS [Oct.

riage guns to be shipped on board as aforesaid, and deliver
them to the captain of the fort at New London, taking his
receipt ; and he is further ordered to fit up for service the
fire-arms at New London, (belonging to this Colony,) and de-
liver them to the captain of the fort at New London, taking
his receipt ; which receipt he shall lodge with Jeremiah Miller,
Esqr.

A7id it is further provided, That the captain of the sloop De-
fence shall give a receipt of the stores he shall receive on board
said sloop to Jeremiah Miller, Esq^ ; and at all times when said
sloop shall be laid up the captain shall deliver the remaining
stores on board to Colonel Gurdon Saltonstall, taking his re-
ceipt ; and the purser shall deliver the remainder of the provis-
ions under his care to the said Colonel Saltonstall, taking his
receipt ; which receipts shall be lodged witli the said Mr. Mil-
ler.

And, for the defraying the charge of procuring the cannon,
carriage-guns, provisions and stores as aforesaid, and for view-
ing the battery, this Assembly do appoint and impower Na-
thaniel Stanly, William Pitkin and Joseph Buckingham, Esq'%
or any two of them, a committee to draw out of the publick
treasury such sums as they shall find needful to answer the
same, and deliver such moneys to the commissaries and other
persons apj)ointed by this act for the said service, taking a re-
ceipt of such sums as they shall so deliver ; and the persons
appointed to purchase guns, stores, provisions, etc. as aforesaid,
shall settle their accounts with the said committee, and the said
committee shall lay the same before this Assembly.

And, in case mi enemy shall appear in the port of New London,
or that it be knoivn that there he a vessel of force of the enemy
7iear, zvhereby that port may he endangered, it is enacted and
provided, That upon the first notice thereof given by the colo-
nel of the third regiment in this Colony, his lieutenant-colonel
or major, or the captain of the fort at New London, the militia
in the third regiment, or so many of the companies in said reg-
iment as sliall be sent to, shall immediately repair to the water
side in said harbour, well fixed with their arms for service, to
attend the orders of their chief officer in the defence of said
port and the annoyance of the enemy ; and the colonel of the
third regiment, and in his absence his lieutenant-colonel, and
in his absence the major of said regiment, and in case none of
the field officers aforesaid shall be present, then the eldest
captain in said regiment present or next military officer, siiall
preside and command until a superior officer come ; and such
chief officer present is hereby ordered and imj)Owered to com-
mand all the officers and souldiers then present, as also toim-

1744.] OP CONNECTICUT. 73

press any vessel or vessels, and men sufficient to man such ves-
sels for the service, as also to take and ship on board such vessel
[265] or II vessels the carriage guns, with their powder, ball
and furniture provided as aforesaid, and appoint the officer or
officers of such vessel during the action, and also to use the
fire-arms to the best advantage, as also to give all the neces-
sary and proper orders to the forces on land and to the vessels
on sea, for the repelling of the enemy, which orders the officers
and souldiers are hereby enjoy ned to obey upon their peril ; and
when the action is over, the officer that presides during said
action shall take care that the said carriage-guns, small arms
and their furniture, and remainder of powder and ball, be again
returned to the persons wlio by this act have the charge of the
same.

And, that the captain of the fort and the inhabitants of the
town of New London may have timely notice of the approach
of an enemy, it is resolved, that his Honour the Governour do
appoint, and by his warrant or commission authorize, a meet
person to have command of the battery on Harriss's Point,
where a flag staff shall be erected and the King's flag provid-
ed ; which officer is hereby ordered carefully to observe all ves-
sels that pass into said harbour, and when lie suspects any ves-
sel going in to be an enemy he shall raise the King's flag,
which shall be a signal to all vessels to strike, come to and
send their boat with their papers to said officer, and if any ves-
sel shall neglect, (after the signal is given,) to come to and
send the boat on shore as aforesaid, the officer shall fire accord-
ing to the usual custom in such cases, and the captain or mas-
ter shall pay for every sliot occasioned by his neglect as
afbi'esaid.

And it is further enacted, That Jeremiah Miller, Esq^, be
appointed, and is hereby directed, to procure a flag and cause
a flag-staff to be erected at said place, at the charge of this
Colony.

And it is further enacted, That the charge of maintaining a
watch constantly at said place shall be defrayed by the town of
New London, and in case said town shall refuse or neglect to
do the same, the Treasurer of the Colony shall send forth his
warrant to the constable of that town, who shall collect so
much on the polls and rateable estate of tlie inhabitants of
that town with their country rate, and pay it into the hands of
said officer or watchman, as shfill be sufficient to defray the
charge thereof.

And, that all embezzlements of the provisions or stores on
board the sloop Defence, and the stores belonging to the fort,

74 PUBLIC RECORDS [Oct.

may be prevented or punished, and tliat a just account may be
settled with and paymentmade to the officers and souldiers im-
ployed in the service, it is resolved, that Nathaniel Stanly,
William Pitkin and Joseph Buckingham, Esq'% be impowered,
and they or any two of them are herel)y ap])ointed and impow-
ered, to take into their hands tlie receipts of the provisions and
stores that have been put on board tiie Defence sloop, as also
of the stores put into the hands of the captain of the fort, as
also of the remainder of the stores and provisions left on board
the sloop Defence when she is laid up at the years end ; and
the captain of the sloop Defence sliall give in to the said com-
mittee his muster-roll of the officers and souldiers in the ser-
vice on board said sloop, containing the time of each man's
service and what they have already received, as also an account
of any embezzlements that have been made by any of tlie officers
or souldiers. And the said committee shall settle the accounts
as well with the captain and comjjany as with the purser and
the captain of the fort, deducting out of their wages for all
embezzlements that have been made, and they shall draw an
order upon the Treasurer for what shall be found due ; and the
said committee shall from time to time lay their accounts be-
fore this Assembly.

And, forasmuch as it may be needful that the company on
board the said sloop should be supplyed with ircsli provisions,
when they return into the harbour from a cruise, it is resolved,
that upon application made by the captain to Colo. Saltonstall
for such provisions, the said Colonel Saltonstall may allow and
order such provisions to be made, provided the cost doth not
exceed common allowance, and to be accounted for in settling
the accounts with the purser for tlie pi'ovisions.

['J66] And, forasmuch as the treasury is in this time of ivar
charged with a great exjpence in defending the port of New London
and the vessels that are therein from the enemy, he it enacted hy
the authority aforesaid, That all the vessels that shall clear out
at any port in this Colony Um- any place between Philadeli^hia
and Portsmoutli in New Hampshire, including also the ports
in those Colonies, shall pay towards supplying powder for the
defence of New London harbour in manner following, (viz:')
Each vessel exceeding the burthen of ten tons and not more
tlian fifty tons shall pay four shillings, each vessel exceeding
fifty tons and not more tlian one hundred tons sliall pay eight
shillings, each vessel more than one hundred tons shall pay
twelve shillings ; and in like manner all vessels clearing out
as abovesaid for any places more remote than the ports of the
Colonies aforesaid shall pay for the same use as followeth,

1744.] OF CONNECTICUT. 75

(yiz:^ Each vessel exceeding the burthen of ten tons and not
more tlian fifty tons shall pay eight shillings, each vessel ex-
ceeding the burthen of fifty tons and not more than one hun-
dred tons shall pay sixteen shillings, each vessel more than one
hundred tons and not more tlian two hundred tons shall pay
thirty-two shillings, and all vessels of a greater burthen shall
pay in the same proportion ; which duty sliall l)e paid in bills of
credit, old tenour ; the money becoming due as abovesaid shall
from time to time be paid to and collected by the naval officer
of the port where any such vessel shall clear out, which officer
is hereby directed to pay the same to the Treasurer of this
Colony for the purpose abovesaid, deducting for his fees as he
is allowed for collecting other duties.

And, whereas it may be for his Majesty's service that the
officers and souldiers on board the sloop Defence receive some
part of their wages before tbeir years service be expired, it is
enacted, that Nathaniel Stanly, William Pitkin and Joseph
Buckingham, Esqr^, be impowered, upon their receiving a mus-
ter-roll from the captain shewing what is then to each man
due, to pass an order upon the Treasurer for the payment of
such sums as they shall think meet, (always keeping within the
sum then said to be due,) to the person tlie captain shall order
to receive the same, and the same shall lie reckoned in the ad-
justment of the accounts at the years end.

And, tvhereas this Assemhlii^at their sessioyis in May last^ did
appoint a Council for the War in the county of Hartford, im-
poivering the said council to protect our frontiers from the enemy,
and to send men into the county of Hamjjshire in case of a de-
scent of the enemy on their frontiers, it is resolved and enacted,
That the said council, or any other council or committee to be
appointed for that purpose, be impowered, and they are here-
by impowered, from time to time as occasion may be, to im-
press into his Majesty's service such number of etfective men
as they shall judge necessary for the service aforesaid, by send-
ing a warrant, signed by the clerk of the council, to the col-
onels of the regiment oi* regiments as they think best, requiring
him to impress for his Majesty's service such a number of effec-
tive men as such warrant shall appoint, and to have them at such
time and place as the warrant shall appoint ; and thecolonel upon
receipt of such warrant sliall consider what number of the
quota demanded to draw out of each company, and according-
ly send his warrants to the captains or chief officers of such
companies for impressing the same, which warrants the cap-
tains or chief officers shall obey by impressing the men and
sending them to the rendezvous according to his warrant, and

76 PUBLIC RECORDS [Oct.

certify the same on the back of the warrant to the colonel,
who shall return the same to the council; and the said council
shall appoint officers over the men that shall be so impressed
and detached for his Majesty's service, (the commission
[267] officers to receive their commissions from the Gov-
ernor,) and also appoint tliem the place and time for their
service, as also to adjust their accounts wlien the service is
ended, and draw an order on the Treasurer for the payment
of the same, and also to pass the accounts for their billett-
ing ; all which accounts from time to time the said council
shall lay before this Assembly. Always provided, no man be
sent into the county of Hampshire until information be given
to said council of the approach of an enemy from some that
are chief in authority in that connty. And the said committee
are hereby impowered to take tlie oversight and care of the
frontier towns in this Colony, and to order the inhabitants to
reside in their forts, and to watch and ward, as they shall
judge to be most for the safety and benefit of the inhabitants;
and if any man that is an inhabitant in any of those frontier
towns in which forts are built by order of the government, shall
not obey the order of said committee, or the orders of such offi-
cers or persons whom the committee shall appoint for that pur-
pose, and shall refuse or neglect to reside at the fort, or to
attend watching and warding according to such orders to him
given, each man offending as aforesaid, for every such offence,
shall pay a fine of twenty shillings, old tenour, to the treasury
of the town where the offence is committed.

And, for the security of such Indians as are in friendship
with his Majesty'' 8 subjects, and to prevent their being mistaken
for the enemy Indians and fired upon as such, it is enacted, That
the said committee shall, by themselves or some meet persons,
treat with the Indians that live within our frontier towns, for
their safety in this case, and appoint the limits where such
Indians may range and the badge by which they shall be known,
and take care to publish such limits and badge to the adjacent
Indians that they may be careful ; and if any of the Indians
in friendship, through mistaking such Indian for an enemy,
shall be slain out of the limits set, or not having on the badge
appointed, no blood shall be shed for him.

And, to prevent disorders in the souldiers and mariners in
his Majesty^ s service, it is enacted. That if any souldier or mar-
iner in his Majesty's service shall be guilty of mutinying
against or of reproaching or contemning the person of his
officer, or of disobeying his command, or of quarrelling, pro-
fane swearing or cursing, lying, stealing, or drunkenness,

1744.] OP CONNECTICUT. 77

such offender shall be punished by running the gauntloop, or
riding the wooden horse, or by being put under a guard, or
being put upon the guard, as any two of the three chief officers
of the regiment or company to which such oflender belongs
shall determine.

And it is further enacted. That if any souldier shall embezzle
any arms, ammunition or stores of war, such souldier shall be
cashiered of his wages to the amount of such embezzlements,
and be further punished by running the gauntloop, riding the
wooden horse, or being put on the guard, as any two of the
three chief officers over liim in the service shall determine.

And, for punishing deserters, he it enacted hy the authority
aforesaid, That no souldier or mariner, impressed or inlisted
for his Majesty's service, shall depart without lycence of his
commander and desert liis Majesty's service, on pain of forfeit-
ing to the Treasurer of this Colony the sum of twenty pounds
equal to old ten our.

And he it enacted hy the authority aforesaid, That the con-
stables and grand-jurymen in the respective towns in this
Colony shall diligently enquire after and make presentment
to some assistant or justice of the peace of all such per-
sons as are or shall be guilty of the breach of this act, who
are also required, upon such presentment, to grant due
process against such offenders, in order to bring them to
a proper tryal on sucli presentment; and the King's attor-
nies of the respective counties are hereby authorized and
required to make enquiry after such offenders, and if not pre-
sented and informed against as aforesaid, to inform against
tliem to the county court, who are hereby directed to issue
forth due process against them, and them to apprehend and
proceed against in due form of law.

And, it is further enacted. That his Honour the Governor,
[268] by and with the || advice of the Council before appointed
to assist his Honour, be impowered, and he is hereby impow-
ered, to do all those things that the exigencies and necessities
of the government shall require relating to the war, not provid-
ed for by any act of this Assembly, until the session of this
Assembly in May next.

The Sums total of the Lists of Estate of the several Towns in this Colony-
hereafter mentioned, and sent in to this Assembly
and accepted, are as follow, (viz :)

• £

Hartford,

34047

0 New Haven,

44216

New London,

29551

6 Windham,

18822

Norwich,

45156

9 East Haddam,

15444

Killingly,

16716

0 Lyme,

20679

PUBLIC RECORDS

[Oct.

Mil ford,

25134

0 Hebron,

13105

Litclifie'ld,

8549

0 Killingsworth,

11983

Greenwich,

18008

4 Plainfield,

10530

Ashford,

8789

0 Windsor,

31247

Glassenbury,

10496

0 Ponifrett,

13111

Guilford,

28551

1 Brandford,

20543

Stoniiigtown,

25885

6 Haddam,

8839

Waterlniry,

11209

9 Voluntown,

6927

Danbury,

12388

9 New Milford,

9379

Weatliersficld,

22302

11 Woodberry,

18569
29912

Standford,

23920

72Farmingtown,

Durham,

9691

9 Symsbury,

151 :"4

Nor walk,

26974

0 Coventry,

11315

Ridgefield,

8191

5 Preston,

16460

Canterbury,

9979

8 Mansfield,

11546

Wallingford,

33720

8 Lebanon,

31606

Say brook,

16656

6 Midletown,

36344

Derby,

8529

6 Stratford,

32249

Groton,

18626

6 Colchester,

19051

On the memorial of Elisha Parker of Wallingford, now in
New Haven county goal by sentence of the superior court, for
uttering counterfeit bills of publick credit of the Colony of
Rhode Island knowing them to be such : Resolved by this
Assembly, that the said Elisha Parker's real and personal es-
tate shall be disposed of for the payment of the premium and
cost of prosecution against him and imprisonment, and the
residue, if any there be, to be for the use of this Colony ; and
that in case said Parker procure sufficent surety or sureties to
become bound to the Treasurer of this Colony in the sum of
two hundred poundsinbillsof credit of the new tenour, that said
Parker shall no more otfend in like kind, and he shall be
bound out to service for ten years to such master as shall be
appointed by a committee chosen by this Assembly for that
purpose, the said Parker shall on the second Monday of De-
cember next be released from said imprisonment, under this
restriction, that he thereupon forthwith repair to Wallingford
whereunto he belongs, and there remain during life, and never
depart without special lycence of said master under his hand;
and in case said Parker shall transgress such order, he shall
be liable to be whipped on his naked body, not exceeding
twenty stripes, by order of the nearest authority ; and that
Colo. Benjamin Hall, John Southmaid, Esqi'S and Capt. Elihu
Hall, or any two of them, be a committee for the managing of
the said affair, and to execute proper instruments of convey-
ance of said Parker's estate, forfeited as aforesaid, taking the

1744.] OF CONNECTICUT. 79

money or security to be lodged with tlie Tieasurer for the use
of this Colony.

On the memorial of tlobert Martyn,now under confinement
in the common goal of this county, by sentence of the superior
court, for uttering counterfeit l)ills of publick credit, knowing
them to be such: Resolved by this ' Assembly, that if said
Robert Martyn shall pay all charges of his prosecution, impris-
onment, and premium, or procure good security, and find &uffi-
cient surety or sureties to become bound to the Treasurer of
this Colony in the sum of two hundred pounds in bills o( credit
of the new tenour, that he will no more offend in like kind,
[269] and shall be bound out to service for ten years to such
master as this Assembly, or a committee by them appointed
for such purpose, shall approve of, that then the said Mai-tyn
shall, on the second Monday of December next, be released
from said imprisonment, under this restriction, that he then
forthwith repair to the town of Wallingford to which he belongs,
and there remain during life, and so often as he shall be found
or known to have been without the bounds of said town, with-
out special lycence of his said master under his hand, he shall
be liable to be whipt not exceeding twenty stripes on his naked
body, by order of the nearest authority ; and Colonel Benjamin
Hall, John Southmaid, Esq'% and Capt. Elihu Hall, or any
two of them, be a committee for the purposes aforementioned.

Upon the memorial of the inhabitants of the town of Sharon,
praying for a tax upon all the land in said town, (except the
last forty-acre pitches,) in order to enable them to pay tlieir
minister and finish their meeting-house, as per their memorial
on file: Resolved by this Assembly, that all the land laid out
in said Sharon, either upon country grants or to the proprietors,
except as above, shall be taxed, and the same is hereby taxed
at two pence per acre for tiie space of four years from this
time, to be paid yearly in old currency; and Jonathan Pettee,
of said Sharon, is hereby appointed and impowered to collect
said tax, and that he proceed forthwith to collect the first years
tax, and take effectual care that the same is improved for the
finishing said meeting-house and supporting their minister,
and so improve the same from year to year.

Upon the memorial of Elislia Wilcox, of Killingsworth, pray-
ing to this Assembly for a premium for informing against one
Robert Martyn and Elisha Parker, of Wallingford, for utter-
ing false and counterfeit bills, by which means they were
tendered to justice: Resolved by this Asi<embly, that the said
Wilcox be allowed twenty pounds, old tenour bills, to be paid
out of the publick treasury ; and the Treasurer of this Colony
is hereby ordered to pay said sum to said Wilcox.

80 PUBLIC RECORDS [Oct.

Upon the memorial of Abraham Fowler, of the fourth socie-
ty ill Guilford, praying this Assembly to annex him and liis
estate unto the first society of said Guilford : Resolved by this
Assembly, that the said Abraham Fowler with his estate be
annexed unto the first society in Guilford accordingly.

Whereas there is no list of tlie polls and rateable estate of
the inhabitants of the town of Fairfield sent in to this Assem-
bly as the law directs : Resolved by this Assembly, that the
town of Fairfield shall be doomed, and the said town is hereby
doomed, and shall be set in the publick list the sum of forty
thousand pounds, and that the Treasurer of this Colony do
levy and cause to be collected the several rates thereon ac-
cordingly; and that the town aforesaid be allowed to draw
the forty shillings on each thousand pound for school money
accordingly.

An Act for levying a Tax on Polls, &c.

This Assembly grants a rate of two pence on the pound in
bills of credit, old tenour, on all the polls and rateable estate in
this government, to be paid into the treasury in bills of credit
of this Colony with the usual advance of twelve pence on the
pound ; or in good bills of credit of four signers of the Massa-
chusetts Bay, or in bills of credit of New York, without ad-
vance upon them, or in silver money as it now passeth in the
country.

TJiis Assembly do now enact and order, That one thousand
pounds of the bills of credit emitted by this Assembly, when
delivered to the Treasurer of this Colony, shall be in the
hands of the Treasurer, to be improved in exchange for such
torn and defaced bills of this Colony as are not fit for further
service ; and the Treasurer is hereby ordered to give such bills
in excliange, from time to time as there is occassion therefor.

This Assembly do appoint Ebenezer Silliman, Esq^ and
Colonel Gurdon Saltonstall, to be Commissaries, to provide
necessaries for the sloop Defence for the year ensuing.

This Assembly grants to the Honourable Jonathan Law, Esq ■",
Governor, the sum of seventy pounds in bills of credit of the
new tenour, for his last half years salary.

This Assembly grants to the Honourable Roger Wolcott,
Esqf , Deputy Governor, for his last half years salary, the sum
of thirty-five pounds in new tenour bills.

[270] Tiiis Assembly grants to Mr. Timothy Green,
printer, for his last half years salary, the sum of fifteen
pounds new tenour bills.

This Assembly grants unto the Honourable Jonathan Law,

1744.] OP CONNECTICUT. 81

Esq"", Governor, for his extraordinary service done for the gov-
ernment since the sessions of the Assembly in May last, the
sum of fifteen pounds in new tenour bills.

Cost allowed to Samuel Hazelton, of Killings worth, and
Thomas Starkie, of Saybrook, to answer the petition of John
Chapman, of Saybrook, which was preferred to this Court and
the petitioner did not appear to prosecute the same, is X5 13s.
Id. old tenour. Ex. granted., 3Iareh 19th, 1744-5.

On the petition of Seth Pain, of Stafford, vs. Daniel Blog-
gett, &c., and the rest of the inhabitants of the town of Stafford,
and the committee's report thereupon : The question was put,
wliether any thing prayed for in said petition should be
granted : Resolved by this Assembly in the negative.

Whereas the session of this Assembly is drawn out to a
great length, and the records not yet compleated : This Assem-
bly do appoint Nathaniel Stanly, Ozias Pitkin, William Pitkin,
Esq's, M,.. Joseph Buckingham, Colo. John Chester, Mr.
Elisha Williams and Capt. Roger Wolcott, a committee to
attend his Honour the Deputy Governor at the Court House
in Hartford, to hear the records read otf, and then the records
to be signed by the Secretary as perfect and compleat.

The several Acts, Grants and Orders of tliis Assembly, as
they stand entered on the pages of this book next preceding,
were read off in the presence of his Honour the Deputy
Governor and the committee abovenamed, and signed as
compleat.

George Wyllys, Secret'y.

[271] A7ino Regni Regis G-eorgii secundi decimo-octavo.
At a General Assembly holden at New Haven in his Majes-
ty's English Colony of Connecticut in New England in
America, (by special order of his Honour the Governor,)
ON Tuesday the 26th day op February, and continued by
several adjournments to the 29th day op the same month,
annoque Domini 1744-5.

Present: /i 4 -f <7 ^

The Honourable Jonathan Law, Esquire, Governor. ' /

The Honbie Roger Wolcott, Esq^, Deputy Governor.
James Wadsworth, Thomas Fitch, ^
Nathaniel Stanly, Roger Newton, j

Joseph Whiting, Ebenez^ Silliman, VEsq^^ Assistants.

Samuel Lynde, Jonathan Trumble, |

William Pitkin, John Bulkley, j

82 PUBLIC RECORDS. [Feb.

Representatives or Deputies that attended the Assevibly are
as follotv, (viz :)

Mr. Joseph Buckingliam, for Hai'tford.

Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman, for New
London.

Mr. Jonath" Huntington, Mr. Ebenezer Wales, for Windham.

Capt. John Stephens, Mr. Joseph Wilcox, for Killingsworth.

Colo. Jonathan Hoit, Capt. Samuel Maltbie, for Standford.

Capt. John Fowler, Mr. Robert Treat, for Milford.

Mr. Ebenezer West, Capt. Gershom Clark, for Lebanon.

Mr. Daniel Bissell, for Windsor.

Mr. Elisha Williams, Colo. John Chester, for Weathersfield.

Mr. Boaz Stearns, Capt. John Dwight, for Killingly.

Mr. William Buel, Mr. John Phelps, for Hebron.

Capt. Joseph Bird, Capt. Edward Phelps, for Litchfield.

Mr. Charles Campbell, for Voluntown.

Mr. Paul Welch, Mr. John Warner, for New Milford.

Mr. Hezekiah Brainerd, for Haddam.

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say-
brook.

Capt. Ebenzer Mead, Capt. John Mead, for Greenwich.

Mr. Joseph Denison, for Stoningtown.

Capt. John Hubbard, Mr. John Hitchcock, for New Haven.

Maj. Andrew Burr, Capt. Samuel Burr, for Fairfield.

Colo. Hezekiah Huntington, for Norwich.

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry.

Capt. Israel Newton, Capt. Charles Bulkley, for Colchester.

Colo. William Preston, Mr. Noah Hinman, for Woodberry.

Mr. John Humphrey, Mr. .Joseph Wilcox, for Symsbury.

Mr. James Benedict, Mr. Daniel Olmstead, for Ridgfield.

Mr. William Wittar, for Preston.

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury.

Mr. William Marsh, Mr. Joseph Parkhirst, for Plainfield.

Capt. John Riggs, Capt. Samuel Bassett, for Derby.

Mr. Daniel Gates, for East Haddam.

Capt. Natli'. Harrison, Mr. Jonath". Russell, for Brandford.

Mr. Ebenezer Holbrook, for Pomfrett.

Colo. Benjamin Hall, Capt. Elihu Hall, for Wallingford.

Mr. Thomas Benedict, for Norwalk.

Capt. Asahel Strong, Capt. Hezekiah Lee, for Farmingtown.

[272] Maj. Jabez Hamlin, Mr. Seth Wetmore, for Midletown.

Mr. Robert Knolton, Mr. William Wadkins, for Ashford.

Mr. John Griswould, for Lyme.

Capt. Timothy Stone, Mr. Sam'. Roberson, for Guilford.

Colo. Edmund Lewiss, Capt. Theophilus Nickols, for Stratford.

1745.] OP CONNECTICUT. . 83

Capt. James Beebe, Capt. Thos. Stephens, for Danbury.

Mr. Josiah Conant, for JMansfield.

Major Elihu Cliauncey, Capt. Robert Faircliild, for Durham.

Mr. John Southmaid, for Waterbury.

Colo. Christoplier Avery, Mr. John Ledyard, for Groton.

Major Andrew Burr, Speaker, | of the House of Represent-

Capt. John Fowler, Clerk, \ atives.

This Assembly being met at this time by special order and
appointment of his Honour the Governor of this Colony with
the advice of the Council, his Honour communicated the re-
solve and conclusion of the General Assembly of the Province
of the Massachusets Bay, relatins; to an expedition intended
and forming against his Majesty's enemies at Cape Breton
and parts adjacent, as also two letters from his Excellency,
William Shirley, Esq', Governor of said Province, and some
other papers containing matters relating to said affair, and
recommended the matters aforesaid to the consideration of
this Assembly, as matters of great importance: This Assem-
bly, having taken the same into consideration, have concluded
and resolved, (i-elying on the blessing of Almighty God,) to joyn
with the neighbouring governments in the intended expedition.

Be it, therefore, enacted hy the Gfovei-nor, Council and Repre-
sentatives, in G-eneral Court assembled, and hy the authority of
the same, That the number of five hundred able-bodied, effect-
ive men, for the land service, be suitalily encouraged to inlist
themselves to joyn the forces from the neighbouring govern-
ments in the intended expedition against his Majesty's enemies
at Cape Breton and parts adjacent.

Be it further enacted. That each able-bodied effective man
that shall voluntarily inlist himself under a proper officer, to go
on said expedition, shall have allowed and paid to him out of the
publick treasury the sum of eight pounds, in old tenour bills,
for each kalendar month during his continuance in the service
of the aforesaid intended expedition ; and each man who shall
provide for himself a good tire-lock, sword, belt and cartridge-
box, and blanket, to the acceptance of the military officer who
shall inlist him, shall be allowed and paid the sum of ten
pounds, old tenour, as a premium ; and that such men as shall
not provide themselves with the abovementioned articles shall
be allowed and paid the sum of three pounds, old tenour, as
a premium, and the said articles shall be provided for them
at the charge of this Colony, and the same shall be returned
to the use of this government when the said expedition is
over, and if not so returned or a just and reasonable account
given, (why by inevitable providence the same or any part of

84 PUBLIC RECORDS [Feb.

them cannot be returned,) the value thereof shall be deducted
out of the wages of such men, respectively, as shall fail of
making such return, (excepting the l)lankets ;) and eacii man
that shall find himself with such fire-lock, sword, belt and
cartridge-box, shall have therefor and be paid four pounds,
old tenour, as a premium ; and each man that shall provide
himself with a suitable blanket shall be paid therefor the sum
of three pounds, old tenour, as a premium ; and each man
[273] shall have one month's wages || before imbarkation,
and shall be excused from all impresses for the space of two
years after his discharge from this expedition, and shall have
an equal share in all the plunder with the souldiers of the
neighbouring governments.

Be it further enacted^ That the Colony sloop Defence be
forthwith equipped and manned with her full complement of
officers and men, and sail with all convenient speed as a con-
voy with our transports to Cape Breton, to joyn the other
forces from the neighbouring governments, and there at all
times to attend the orders of the chief commanding officer of
the forces that go from this Colony.

Beit further enacted^ That a suf&cent number of transports
be hired, and suitable provisions and warlike stores prepared
and put on board them for the said expedition ; and that the
land forces march to New London, and there embark, and
then to proceed as soon as may be on the said expedition and at-
tend the orders and directions of the chief commanding officer
of the forces from this Colony as aforesaid.

Be it further enacted. That so far as it may consist with the
well carrying on the said expedition, the souldiers from this
Colony shall be under the direction of their own officers; and
when the expedition shall be ended at Cape Breton, each of
the souldiers shall be transported back to New London again,
unless he shall voluntarily choose to be dismissed and remain
there.

This Assembly do appoint the Honourable Roger Wolcott,
Esq"", to be Commander-in-Chief over all the forces to be
raised and sent from this government in the expedition against
Cape Breton, &c.

This Assembly do appoint Major Andrew Burr to be Col-
onel of the forces to be raised and sent from this government
on the expfedition against Cape Breton, &c.

This Assembly do appoint Capt. Simon Lothrop to be
Lieutenant Colonel of the forces to be raised and sent from
this government on the expedition against Cape Breton, &c.

1745.] OF CONNECTICUT. 85

This Assembly do appoint Capt. Israel Newton to be Major
of the forces ordered to be raised and sent from this govern-
ment on the expedition against Cape Breton, <fec.

This Assembly do order that the five hundred men ordered
to be raised and sent from this government on the expedition
against Cape Breton, &c. be divided into eight companies.

This Assembly do appoint Capt. Elizur Goodrich to be
Captain of a company in the regiment ordered to be raised
and sent from this government on the expedition against Cape
Breton, etc., and order that lie be commissioned accordingly.

This Assembly do appoint Capt. David Worster to be
Captain of a company in the regiment of foot to be raised and
sent from this government on the expedition against Cape
Breton, &c., and order that he be commissioned accordingly.

This Assembly do appoint Capt. Stephen Lee to be Captain
of a company in the regiment of foot to be raised and sent
from this government on the expedition against his Majesty's
enemies at Cape Breton, &c., and order that he be commis-
sioned accordingly.

This Asseml:)ly do appoint Mr. Samuel Addams, of Stratford,
to be Captain of a company in the regiment of foot to be raised
and sent from this government on the expedition against his
Majesty's enemies at Cape Breton, &c., and order that he be
commissioned accordingly.

This Assembly do appoint Capt. John Dwight to be Cap-
tain of a company in a regiment of foot to be raised and sent
from this government on the expedition against his Majesty's
enemies at Cape Breton, &c., and order that he be commis-
sioned accordingly.

This Assembly do appoint Mr. James Church, of Hartford,
to be First Lieutenant of a company in the regiment of foot to
be raised and sent from this government on the expedition
against his Majesty's enemies at Cape Breton, &c., and order
that he be commissioned accordingly.

This Assembly do appoint Mr. Daniel Bradley, of Fairfield,
to be First Lieutenant of a company in the regiment of foot to
be raised and sent,from this Colony on the expedition against
his Majesty's enemies at Cape Breton, &c., and order that he
be commissioned accordingly.

[274] This Assemlily do appoint Mr. John Colefox, of
New London, to be First Lieutenant of a company in tlie regi-
ment of foot to be raised and sent from this government on the
expedition against his Majesty's enemies at Cape Breton, &c.,
and order that he be commissioned accordingly.

86 PUBLIC RECORDS [Feb.

This Assembly do appoint Mr. Timothy Root, of Farmington,
to be Lieutenant of a company in the regiment of foot to be
raised and sent from this government on the expedition
against his Majesty's enemies at Cape Breton, &c., and order
that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Henry King,
of Midletown, to be Lieutenant of a company in the regiment
of foot to be raised and sent from this government on the ex-
pedition against his Majesty's enemies at Cape Breton, &c.,
and order that he be commissioned accordingly.

This Assembly do appoint Mr. Nathaniel Beetle, of Walling-
ford, to be Lieutenant of a company in the regiment of foot
to be raised and sent from this government on the expedition
against his Majesty's enemies at Cape Breton, &c., and order
that he be commissioned accordingly.

This Assembly do appoint Mr. William Smithson, of Dur-
ham, to be Lieutenant of a company in the regiment of foot to
be raised and sent from this government on the expedition
against his Majesty's enemies at Cape Breton, &c., and order
that he be commissioned accordingly.

This Assembly do appoint Mr. John Stanton, jun"". of
Groton, to be Lieutenant of a company in the regiment of
foot to be raised and sent from this government on the expe-
dition against his Majesty's enemies at Cape Breton, &c., and
order that he be commissioned accordingly.

This Assembly do appoint Mr. Noah Taylor, of Norwalk,
to be Lieutenant of a company in the regiment of foot to be
raised and sent from this government on the expedition against
his Majesty's enemies at C^pe Breton, &c., and order that he
be commissioned accordingly.

This Assembly do appoint Mr. Benajah Bill to be Lieutenant
of a company in the regiment of foot to be raised and sent
from this government on the expedition against his Majesty's
enemies at Cape Breton, <fec., and order that he be commis-
sioned accordingly.

This Assembly do appoint Mr. Nathaniel Green to be
Lieutenant of a company in the regiment of foot to be raised
and sent from this government on the expedition against his
Majesty's enemies at Cape Breton, &c., and order that he be
commissioned accordingly.

This A ssembly do appointMr. Joshua Pembleton, of Guilford,
to be Ensign of a company in the regiment of foot to be raised
and sent from this government on the expedition against his
Majesty's enemies at Cape Breton, &c., and order that he be
commissioned accordingly.

1745.] OP CONNECTICUT. 87

This Assembly do appoint Mr. Samuel Pettibone, of Syms-
bury, to be Ensign of a company in the regiment of foot to be
raised and sent from this government on the expedition against
his Majesty's enemies* at Cape Breton, &c.. and order that lie
be commissioned accordingly.

This Assembly do appoint Mr. John Darling, jun., to be
Ensign of a company in the regiment of foot to be raised
and sent from this government on tlie expedition against his
Majesty's enemies at Cape Breton, &c., and order that he be
commissioned accordingly.

This Assembly do appoint Mr. Benjamin Lee, of Plainfield,
to be Ensign of a company in the regiment of foot to be raised
and sent from this government on the expedition against his
Majesty's enemies at Cape Breton, &c., and order that he be
commissioned accordingly.

This Assembly do appoint Mr. Joseph Tyler, of Preston, to
be Ensign of a company in the regiment of foot to be raised
and sent from this government against his Majesty's enemies
at Cape Breton, &c., and order that he be commissioned ac-
cordingly.

This Assembly do appoint Mr. Jonathan Reed, of Lyme, to
be Ensign of a company in the regiment of foot to be raised
and sent from this government against his Majesty's enemies
at Cape Breton, &c., and order that he be commissioned ac-
cordingly.

This Assembly do appoint Mr. Nathan Whiting to be Ensign
of a company in the regiment of foot to be raised and sent
from this government against his Majesty's enemies at Cape
Breton, &c., and order that he be commissioned accordingly.

This Assembly do appoint Mr. William Throop to be Ensign
of a company in the regiment of foot to be raised and sent
from this government against his Majesty's enemies at Cape
Breton, &c., and order that he be commissioned accordingly.

[275] Be it enacted by the G-overnor, Council and Repre-
sentatives, in General Court assembled, and by the authority of
the same, That all able-bodied effective men that shall volun-
tarily enlist themselves to serve in the intended expedition
against his Majesty's enemies at Cape Breton shall have liberty
to proceed on the same, and no such person, whether officer
or souldier, shall be liable to be arrested and stopt by any mean
process that may be taken out against him after the time of
his enlisting, nor by any execution on any judgment of court
for debt, unless the sum in demand shall exceed fifty pounds
in bills of credit old tenour.

88 PUBLIC RECORDS [Feb.

Ordered hy this Assembly^ That Colonel John Whiting,
Treasurer of this Colony, shall deliver out of the treasury to
the colonel, lieutenant colonel and major, and to each captain
commissionated by his Honour the Governor to go on an expedi-
tion against Cape Breton, a sum of money not exceeding
one hundred and ninety-two pounds old tenour, to pay the pre-
mium allowed by this Assembly to each of the souldiers they
shall enlist.

Whereas the intended expedition against his Majesty's ene-
mies at Cape Breton and places adjacent may be under greater
disadvantages in case of any captures of vessels going to sea
from this Colony than otherwise it would, as the enemy may
by that means have intelligence of the said design, as well as
supplies of provisions : Resolved by this Assembly, that no
ship or other vessel now in any harbour or port in this Colony,
or that shall hereafter arrive in the same, be allowed to sail
out or depart from the same, with design for any other port,
unless to the city of New York; and in that case not without
giving sufficient bond to the naval officer, with sureties inhab-
itants of this Colony, not to proceed to any other place, until
his Honour the Governor shall order this prohibition to cease;
and his Honour the Governor is hereby desired to issue a pro-
clamation accordingly.

Resolved hy this Assembly, That Jonathan Trumble and
Elisha Williams, Esq^s, be a committee fully authorized and
impowered to go to Boston, to meet with such gentlemen of the
Massachusets Bay and otiier neighbouring governments, (who
may be there present,) who are or shall be appointed to treat
upon and manage the affairs of the intended expedition against
his Majesty's enemies at Cape Breton, to confer upon the
proper preliminaries and dispositions to be made relating to
the same, and make report of their doings, with all possible
speed, to this Assembly.

Ordered by this Assembly, That Colo. John Whiting, Treas-
urer of this Colony, deliver out of the Colony treasury to
Jonathan Trumble and Elisha Williams, Esq'"% or either of
them, the sum of fifty pounds old tenour, to be improved in the
service of the government to which they are appointed by this
Assembly.

Ordered by this Assembly, That Colo. John Whiting, Treas-
urer of this Colony, be directed to buy so much ammunition
as Jonathan TrumLle and Elisha Williams, Esq's shall advise
to be necessary for the expedition intended against Cape
Breton, when they are at Boston, and to do it either there or
at Newport, as shall be thought best.

1745.] OP CONNECTICUT. 89

This Assembly do appoint Colo. Tliomas Welles, Colo.
Hezekiah Huntington, Colo. Gurdon Saltonstall, Capt. Tlieo-
philus Nickols and Capt. John Hubbard, to be Commissaries,
to provide transports, provisions, and other necessaries for the
expedition against Cape Breton, <fec.

Be it enacted hy the Crovenior, Council and Representatives^
in General Court assembled, and by the authority of the same^
That Colo. Thomas Welles, Capt. John Hubbard, Colo. Gur-
don Saltonstall, Colo. Hezekiah Huntington, and Capt. Theo-
philus Nickols, Commissaries appointed by this Assembly, do
forthwith proceed to purchase four months provisions and all
other necessaries for five hundred land-forces, and to hire good
well-found vessels to transport said land-forces, provisions, &c.
to Cape Breton ; and the Treasurer of this Colony is hereljy
ordered to deliver to said commissaries, or any of them, a
sum not exceeding four thousand pounds old tenour, to make
payment for said provisions, &c.

This Assembly do establish and confirm Mr. Jabez Jones to
be Captain of the military company or trainband at the parish
of New Salem, and order that he be commissioned accordingly.

Upon the memorial of the inhabitants of Midlefield society,
praying for a committee to ascertain the place where their
[27o] meeting-house should be affixed : || Resolved by this
Assembly, that Major Elihu Chauncey, Edward Bulkley, Esq^^^
and Capt. Nathaniel Sutlief, be a committee with full power
to repair to said society, first giving all parties therein notice
thereof, and affix and ascertain the place whereon to build
said meeting-house, and make return thereof to this Assembly
in their sessions in May next.

Resolved, That this Assembly be adjourned till Tliursday
the fourteenth day of March, anno Dam. 1744-5, to the State
House in Hartford, at nine of the clock in the morning, and
then and there to meet again ; and ordered that the same be
adjourned by proclamation accordingly.

The Assembly was adjourned by proclamation, according
to the resolve abovesaid.

Teste George Wyllys, Secret'y.

90 PUBLIC RECORDS [March,

At a General Assembly holden at Hartford in his Maj-
esty's English Colony of Connecticut in New England
IN America, (by adjournment,) on Thursday the 14th
DAY OF March, (and continued by several adjournments

UNTIL the 19th day OF THE SAME MONTH,) ANNOQUE DOMINI

1744-5.

Present :
The Honourable Jonathan Law, Esq^, Governor.
The Hon^ie. Roger Wolcott, Esq"", Deputy Governor.
James Wadsworth,^ William Pitkin,

Thomas Fitch,
Roger Newton,

Nathaniel Stanly
Joseph Whiting

. „ Assist-
^E«q-, ants.

Ozias Pitkin, ( ^ 'Ebenezer Silliman,

Timothy Pierce, Jonathan Trumble,

Samuel Lynde, J John Bulkley,

Representatives or Deputies.

Mr. Joseph Buckingham, for Hartford.

Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman, for New
London.

Mr. Jon^'i. Huntington, Mr, Ebenezer Wales, for Windham,

Capt. John Stephens, Mr. Joseph Wilcox, for Killingsworth.

Colo. Jon'h. Hoit, for Standford.

Capt. John Fowler, Mr. Robert Treat, for Milford.

Mr. Ebenezer West, Capt. Gershom Clark, for Lebanon.

Mr. Roger Wolcott, Jr., Mr. Daniel Bissell, for Windsor.

Mr. Elisha W^illiams, Colo. John Chester, for Weathersfield.

Mr. Boaz Stearns, Capt. John Dwight, for Killingly.

Capt. John Hubbard, Mr. John Hitchcock, for New Haven.

Major Andrew Burr, for Fairfield.

Mr. Ebenezer Backus, Colo. Hez'' Huntington, for Norwich.

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry.

Capt. Israel Newton, Capt. Charles Bulkley, for Colchester.

Colo. William Preston, Mr. Noah Hinman, for Woodberry.

Mr. John Humphrey, Mr. Joseph Wilcox, for Symsbury.

Mr. James Benedict, Mr. Daniel Olmstead, for Ridgfield.

Mr. William Wittar, Mr. Nathaniel Brown, fo^- Preston.

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury.

[277] Mr. William Biiel, Mr. John Phelps, for Hebron.

Capt. Joseph Bird, Capt. Edward Phelps, for Litchfield.

Mr. Charles Cami)bell, for Voluntown.

Mr. Paul Welch, Mr. John Warner, for New Milford.

Mr. Hezekiah Brainerd, for Haddam.

Capt. Jedadiah Chapman, Mr. Ambrose Whittclsey, for Say-
brook.

1745.] OP CONNECTICUT. 91

Capt. Ebenezer Mead, Capt. John Mead, for Greenwich.
Mr. Joseph Denison, Mr. Simeon Minor, for Stonington.
Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown.
Mr. Robert Knowlton, Mr. William Wadliins, for Ashford.
Mr. John Grisvvould, Capt. John Lee, for Lyme.
Capt. Timothy Stone, Mr. Sam' Robertson, for Guilford.
Capt. Theophilns Nickols, for Stratford.
Colo. John Dyer, for Canterbury.

Mr. William Marsh, Mr. Joseph Parkhirst, for Plainfield.
Mr. Samuel Bassett, for Derby.
Mr. Daniel Gates, for East Haddam.

Capt. Nathi Harrison, Mr. Jonathan Russell, for Brandford.
Mr. Ebenezer Holbrook, for Pomfrett.
Colo. Benja. Hall, Capt. Elihu Hall, for Wallingford.
Mr. Thos. Benedict, for Norwalk.

Capt. Asahel Strong, Capt. Hez'' Lee, for Farmingtown.
Capt. James Beebe, Capt. Thos. Stephens, for Danbury.

for Mansfield.
Major Elihu Chauncey, Capt. Robert Pairchild, for Durham.
Mr. John Southmaid, for Waterbury.
Colo. Christopher Avery, Mr. John Ledyard, for Groton.

Major Andrew Burr, Speaker, ) of the House of Repre-
Capt. John Fowler, Clerk, ( sentatives.

This Assembly do appoint James Church Captain of one of
the military companies in the expedition intended against
Cape Breton, and that he be commissioned accordingly, and
that Timothy Root, who was lately appointed Lieutenant, and
Samuel Pettibone who was appointed Ensign, be his lieutenant
and ensign.

This Assembly order that Captain Elizur Goodrich, lately
appointed for said expedition, have for his lieutenant Henry
King, lately appointed to that office, and this Assembly do ap-
point Samuel Torry to be his Ensign, and that he be commis-
sioned accordingly.

This Assembly order that David Worster, lately appointed
captain, Nathaniel Beedle, who was lately lieutenant, and
Nathan Whiting, lately appointed ensign, sustain the said of-
fices together over one of the military companies in said ex-
pedition.

This Assembly order that Stephen Lee, lately appointed
captain, Nathaniel Green, lately appointed lieutenant, and
Jonathan Read, lately appointed ensign, sustain said offices
together in one company.

This Assembly appoint Daniel Chapman Captain of one of
the military companies in the intended expedition against

92 PUBLIC RECORDS [March,

Cape Breton, and that he be commissioned accordingly ; and
that Noah Taylor, lately appointed lieutenant, be his lieuten-
ant, and that John Darling, lately appointed ensign, be his
ensign.

This Assembly do appoint William Wbiting Captain, and
William Throop Lieutenant, and John Huntington Ensign, of
one of the military companies in the expedition intended
against Cape Breton, and that they be commissioned accord-
ingly.

This Assembly appoint Andrew Ward, jun.. Captain of one
of the military companies in the intended expedition against
Cape Breton, and tliat he be commissioned accordingly ;
[278] and that William Smithson, lately appointed lieuten-
ant, be his lieutenant ; and this Assemlily appoint Samuel
Sandford the tiiird to be his Ensign, and that he be commis-
sioned accordingly.

This Assembly appoint Robert Denison Captain, David
Seal)erry Lieutenant, and Christopher Tracey Ensign, of one
of the military companies in the intended expedition against
Cape Breton, and that they be commissioned accordingly.

This Assembly desire bis Honour the Governor to issue a
Proclamation, to encourage the inlisting the souldiers under
the foregoing officers, upon the aforesaid intended expedition.

This Assembly desire his Honour the Governor to author-
ize and impovver the inlisting officers to beat up the drums in
the respective regiments within this Colony, and to order the
captains, where it shall be desired, to call their companies to-
gether under their command, for the inlisting volunteers for
his Majesty's service in the said intended expedition.

This Assembly order that the Oath of Fidelity, mentioned
in the 21st Artiple of War, be administered to every non-
commissioned officer and souldier in his Majesty's service
aforesaid, by some assistant or justice of the peace.

This Assembly appoint Mr. Cyprian Nickols, jun^tobe Ad-
jutant in the intended expedition.

This Assembly appoint Mr. Jeremiah Miller, jun'', of New
London, to be Commissary in the said expedition, and Com-
missary of the Muster Rolls.

This Assembly do appoint Mr. Elisha Williams to be the
Chaplain to our forces.

This Assembly do appoint the Honourable William Pepper-
rell, Esqr, to be Lieutenant-General over all the forces in the
expedition against Cape Breton and parts adjacent, and order
that he be commissioned accordingly.

1745.] OF CONNECTICUT, 93

This Assembly do appoint the Honourable Roger Wolcott,
Esqt", to be Major-General over all tlie forces in the expedi-
tion against Cape Breton and parts adjacent, and order that
he be commissioned accordingly.

This Assembly do authorize and impower the major general
and field officers to post or dignify the respective companies
within tlie regiment of this Colony to be raised for the expe-
dition to Cape Breton,

This Assembly impower and desire his Honour the Gover-
nor of this Colony, with the advice of the major general and
the field officers of the regiment to be raised for the expedi-
tion to Cape Breton, to appoint officers in the room of any
that may refuse their commission, or shall be providentially
hindered from serving in said expedition, and commission
such officer accordingly.

This Assembly appoints Noah Clark, of Colciiester, to be
Armourer, to be furnished with necessary tools for the ser-
vice of the regiment to be raised for the expedition to Cape
Breton,

Resolved hy this Assembly, That the officers' wages for the
intended expedition against Cape Breton, &c., be as folio weth,
in old tenour :

The Honourable Major General, per month,

The Colonel,

The Lieutenant Colonel, - - -

The Major, . . . .

Captain, -----

Lieutenant, - - -

Ensign, - - - - -

Sergeant, - - - - -

Clerk and Drummer, - - _

Corporal,- . _ - .

[279] Resolved hy this Assembly, That the several officers
appointed by this Assembly to serve in the expedition against
Cape Breton, &c,, shall have the liberty to draw one month's
pay before their embarkation.

This Assembly appoints Timothy Bigelow to be an Adjutant
n the army going from this Colony against his Majesty's en-
emies at Cape Breton, in the room of Cyprian Nickols ; that
the wages for an adjutant be, per kalendar month, fifteen pounds
old tenour, and that he have one month's pay advanced.

This Assembly does hereby appoint Mr. Normand Morison
to attend the forces going from this Colony on the expedition to
Cape Breton, as their Physician and Chirurgeon,and that he be

100

94 PUBLIC RECORDS [March,

furnished with a box of medicines and compleat set of instru-
ments suitable to such an occasion, at the charge of this
Colony.

This Assembly do appoint Mr. Alexander Wolcott to be im-
proved as Physician and Surgeon's-Mate in the expedition
against Cape Breton.

This Assembly do appoint Mr. Joseph Farnsworth to be im-
proved as Physician and Surgeon's Second Mate in the ex-
pedition against Cape Breton.

This Assembly do appoint Mr. Leveret Hubbard to be im-
proved as Physician and Surgeon's 3d Mate in the expedition
against Cape Breton.

Resolved by this Assembly, That the wages of the physician and
surgeon shall be, per kalendar month : X45 0 0^
Physician and Surgeon's 1st Mate, - 30 0 0 I , , ,
Physician and Surgeon's 2d Mate, - 25 0 0 j
Physician and Surgeon's 3d Mate, - 18 0 Oj
And that the several physicians and surgeons have one month's
wages advanced to them.

This Assembly grants to Mr. Elisha Williams the sum of
fifty pounds, old tenour, per kalendar month, for his service
as chaplain in the expedition against Cape Breton, provided he
shall attend said service.

Ordered by this Assembly, That the chaplain be allowed to
draw one month's wages, and tliat the Treasurer be directed
to pay the same accordingly.

Resolved by this Assembly, That the commissaries appointed
by this Assembly be ordered, and they are hereby ordered and
directed, to provide good and sufficient pilots of the transports
that shall go in the expedition to Cape Breton.

This Assembly grants to the Honourable Roger Wolcott,
Esq., Major General of the forces to be raised for the expedi-
tion to Cape Breton, the sum of three hundred pounds, old ten-
our bills, or equivalent in other bills, to provide his Honour's
tent, bedding, table, and other necessaries, and entertainment
of the chaplain.

This Assembly grants to Andrew Burr, Esq., Colonel of the
regiment to be raised for the expedition to Cape Breton, the
sum of one hundred and twenty pounds, old tenour bills, or
equivalent in other bills, to provide his tent, bedding, table,
and other necessaries.

This Assembly grants to Simon Lothrop, Esq., Lieutenant
Colonel of the regiment to be raised for the expedition to Cape
Breton, the sum of eighty pounds, old tenour bills, or equiva-

1745.] OF CONNECTICUT. 95

lent in other bills, to provide his tent, bedding, table, and other
necessaries.

This Assembly grants to Israel Newton, Esq., Major of the
regiment to be raised for the expedition to Cape Breton, the
sum of sixty pounds, old tenour bills, or equivalent in other
bills, to provide his tent, bedding, table, and other necessaries.

This Assembly do appoint Simeon Dewolf, of Lyme, instead of
Noah Clark, to be Armourer in the expedition to Cape Breton.

Resolved hy this Assembly^ That Colonel Gurdon Saltonstall
be appointed, and he is hereby impowered, to agree with
Simeon Dewolf, of Lyme, upon wages, in case he will undertake
the trust of armourer in the army in the expedition to Cape
Breton, or some other suitable person, if he shall refuse, upon
reasonable terms.

[280] Resolved hy this Assembly^ That the wages for the
commissary appointed by this Assembly in the expedition, for
the provisions and muster-rolls, be twenty pounds eacb kalendar
month, and that said commissary have one month's wages ad-
vanced before embarkation.

Resolved by this Assembly, That the powder, lead, flints, tin
kettles and measures, purchased by Jonathan Trumble and
EHsha Williams, Esq'"% for this Colony, in Boston, be paid
for out of the Colony treasury to the said Trumble or his
order, upon his producing and passing the accounts thereof;
and that Colonel John Whiting, Treasurer, is hereby ordered
to pay the same.

Whereas it may happen that some of the officers appointed
and commissioned to be employed in the expedition to Cape
Breton may, while in the service of said expedition, be re-
moved by death or other means, whereby their places may l)e-
come vacant and want filling up: Tliis Assembly, tlferefore, de-
sire his Honour the Governor of this Colony, to sign a suitaljle
number of blank commissions and deliver them into the liands
of the Hon^i« Roger Wolcott, Esq., Major General of the forces,
to be by him, or the cbief commanding officer that goes from
this Colony for the time being, filled up, according to tbeir best
discretion, for-the supplying such vacant offices with proper
officers, in the room of such as shall be removed, and the names
of the persons who shall be so commissioned, together with the
office they shall be put in, to be certified to the Governor for
the time being ; and the blank commissions that shall not be
filled up all to be returned.

It being represented to this Assembly, that a considerable
number of the souldiers that have inlisted themselves to go on

96 PUBLIC RECORDS [March,

the intended expedition against Cape Breton are destitute of fire-
arms and other accoutrements, and there not being a sufficient
number to be purchased : Resolved by this Assembly, that the
captain of each company so inlisted, or that shall hereafter in-
list,when the arms and accoutrements belonging to the Colony,
now lying at New London, are all improved, be impowered, and
they are hereby impowered, by a warrant under their hands di-
rected to some suitable person, to cause to be impressed such
a number of fire-arms and other accoutrements as shall be want-
ing for the compleatly equipping the men so enlisted ; and the
arms or other necessaries so impressed shall be apprized by.
two suitable persons under oath, by said captain appointed, and
an exact account kept by him of such apprizement, and by him
be transmitted to the Secretary of this Colony, or deposit such
apprizement in the hands of Jeremiah Miller, Esq., at New
London, that by him they may V)e conveyed to the Secretary:
provided that the inhabitants of the towns of New London and
Groton be exempted from having their arms and ammunition
impressed from them.

Whereas twenty-five of the fire-arms belonging to this gov-
ernment and that were used in the late expedition at Wood
Creek, were some time since committed to the care of Jame&
Harriss of New London, for the use of the Mohegan Lidians,
and to be returned again when demanded by the General As-
sembly, to such person as should be appointed to receive them,
and tiiat the same should be done accordingly the said Harris
became bound to the Governor and Company of this Colony :
And whereas this Assembly is informed that some considera-
ble number of the fire-locks used in the said expedition are
now in the hands of some persons who have not received them
by order of this Assembly ; and the said arms being in dan-
ger of bein<^ finally lost, unless speedily recovered.

Be it enacted by the Grovernor, Council, and Representatives,
in Greneral Court assembled, and hy the authority of the same.
That John Bulkley, Esq., be authorized and impowered, and
he is hereby impowered and directed, to demand of the said
James Harris the aforesaid number of fire-locks received as
aforesaid ; and in case the same or any part of them shall be
delivered unto the said Bulkley, he is hereby directed to lodge
them in the hands of Jeremiah Miller, Esq., at New London,
for the use of the government ; and also that he use his best
endeavor to recover such of the said arms as may be in the
[281] hands of any persons || without order from the General
Assembly, and lodge such of them as may be recovered in the
hands of said Jeremiah Miller, taking his receipt for the same.

1745.] OP CONNECTICUT. 97

And the said John Bulkley, Esq., may bring an action in the
name of the Governor and Company against the said Harris
on his aforesaid bond, if he neglect or refuse to return the
said arms, or any part of them, or against any other person in
whose hands any of the said arms or otiier military accoutre-
ments belonging to the government may be found, (if need so
require,) for recovering them, and make report to this As-
sembly.

Resolved by this Assembli/, That the one hundred and twenty
guns in the possession of Titus Hurlburt, captain of the fort
in New London, be equally divided between each company of
souldiers that shall go in the expedition to Cape Breton, and
also the swords, bayonets, and cartouch boxes that belong to
this government, in whose liaftds soever they may be found,
be recovered and received by Colo. Gurdon Saltonstall of New
London, and cleansed and put into suitable order, and im-
proved if need be in said expedition, and equally divided to
each company as aforesaid, and be returned again after the
expedition is over, according to the act of Assembly.

Resolved by this Assembly, That Colonel John Whiting,
Colony Treasurer, deliver, and he is hereby ordered and
directed to deliver out of the publick treasury, to Colo. Thomas
Wells, Capt. John Hubbard, Colo. Hezekiah Huntington, Colo.
Gurdon Saltonstall and Capt. Theophilus Nickols, commissa-
ries to provide for tlie expedition against Cape Breton, &c.,
the sum of twelve thousand pounds in old tenour bills, or an
equivalent in new tenour bills, in addition to the four thousand
pounds heretofore ordered out for the use aforesaid, with this
limitation, that six thousand pounds, or the one half of the
aforesaid sum of twelve thousand pounds, be delivered out for
the purpose aforesaid at this present time if needed, and the
other half as soon as may be after the forces from this Colony
shall imbark to go on the aforesaid expedition.

Ordered by this Assembly, That Messrs. Hezekiah Hunting-
ton, Thomas Wells, Gurdon Saltonstall, Theophilus Nickols
and John Hubbard, Esq""*, commissaries to provide transports,
provisions and other necessaries for the expedition against
Cape Breton and the places adjacent, be and they are each of
them hei-eby impowered to impress for the service of this
Colony any of the things needful for said expedition that can-
not otherwise be procured upon just and reasonable terms.

Resolved by this Assembly, That the several captains ap-
pointed by this Assembly to goon the expedition against Cape
Breton, which have not as yet received their commissions
and premia for the inlistingof souldiers, Qviz.^ Captain Daniel
13

98 PUBLIC RECORDS [March,

Chapman, Capt. Andrew Ward, Capt. Robert Denison and
Capt. William Whiting, have their several commissions and
the money granted by this Assembly and allowed as a premium
for the encouragement of sonldiers to list into said expedition
sent to them by one of the representatives of tlie towns where
such captains do live, and to be improved for the use afore-
said ; and that the Treasurer of this Colony be ordered, and
he is hereby ordered, to deliver out of the treasury of this
Colony the sum of one hundred and ninety-two pounds old
tenour bills, or new tenour bills equivalent, for each captain
aforesaid, to such representative as aforesaid, taking his re-
ceipt for the same.

Ordered hy this Assembly^ That Colo. John Whiting, Treas-
urer, deliver to Colo. Gurdon Saltonstall, one of the commis-
saries for the Colony sloop Defenqe, one thousand pounds old
tenour, to purchase provisions, &c., for said sloop, taking his
receipt therefor.

Resolved hy this Assembly, That his Honour the Governor
be desired to write to his Honour the Governor of Rhode
Island, to concert such measures with him that the Rhode
Island Colony sloop may sail with the forces of that govern-
ment at the same time that our sloop Defence and transports
of our forces shall sail from hence on the expedition to Cape
Breton, that they may be a mutual safety to each other.

Resolved hy this Assemhly, That Colo. John Whiting and
Colo. John Chester be, and they are hereby, added to the Com-
mittee of War that were appointed for the better securing the
frontiers of this Colony, by this Assembly at their sessions in
October, 1743.

[282] This Assembly grants to the Hon^ie Roger Wolcott,
Esq., Deputy Governor, for his service done the government
in revising the laws, the sum of thirty pounds, old tenour bills,
out of the Colony treasury, and Colo. John Whiting is ordered
to deliver the same.

This Assembly grants to Mr. Elisha Williams thirty shil-
lings per day for ten days service for the government in
going to Boston, and the Treasurer is ordered to pay the
same.

This Assembly grants to Jonathan Trumble, Esq., thirty
shillings per day for nine days service for the government in
going to Boston &c. , and the Treasurer of the Colony is ordered
to pay the same.

Ordered hy this Assemhly, That John Bulkley, Jeremiah
Miller and John Ledyard, Esqi's, be a committee to view the

1745.] OP CONNECTICUT. 99

battery at New London, and make such repairs thereunto as
shall by them be thought necessary ; and the Treasurer of
this Colony is hereby ordered to deliver to said committee a
sum not exceeding fifty "pounds old tenour, for the purpose
aforesaid ; and said committee are hereby directed to make
up their accounts with Natlianiel Stanly, Esq.

This Assembly do appoint the Committee of War that were
heretofore appointed in the county of Hartford, or the major
part of tliem that shall be present, to be a committee to take
all necessary care, and give such necessary orders from time
to time as occasion shall require, to get in readiness and
proper order the souldiers inlisted or to be inlistcd in this
Colony for the expedition against Cape Breton, and do all
other things necessary fo>' the forwarding the troops, the pro-
moting, carrying on and expediting the said affair, not already
provided for.

This Assembly do establish and confirm Mr. James Case
to be Captain of a company or trainband in the town of Syms-
bury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jonathan
Case to be Lieutenant of a company or trainband in the
town of Symsbury, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. John Owen,
jun"", to be Ensign of a company or trainband in the town of
Symsbury aforesaid, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. William Ely
to be Captain of the 3d company or trainband in the town
of Lyme, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Nathan
Tiffany to be Lieutenant of the 3d company or trainband in
the town of Lyme, and order that he be commissioned ac-
cordingly.

Resolved by this Assembly, That instead of the tenth day in
April, mentioned in the proclamation for a Fast, be inserted
the 3d day of April ; and also that the last Wednesday of
April next be kept as a day of fasting and prayer, to implore
the blessing of Almighty God on the expedition against Cape
Breton &c., and that his Honour the Governor issue out proc-
lamation accordingly.

An Act for making and emitting' BiUs of Publick Credit.

Forasmuch as tiie expences of this government have been
greatly enhanced by our necessary preparations for defence,
&c., since the war with France and Spain, and especially by

100 PUBLIC RECOEDS [Mai'ch,

our preparations for t]ie intended expedition against his Ma-
jesty's enemies at Cape Breton and parts adjacent:

Be it enacted by the Governor, Council and Representatives^
in General Court assembled, and by the authority of the same,
That there shall be forthwith sti-uck a certain number of bills
of credit on this Colony, from one shilling to three pounds,
which in the whole shall amount to the sum of twenty thousand
[283] pounds and no more ; 1| and the same shall be stamped
on the new plates, with the addition of the date of this As-
sembly ; and that Nathaniel Stauly, William Pitkin, George
Wyllys, John Chester and Joseph Buckingham, Esqf*, be a
committee under oath for the faithful management of this
affair, any three of them to sign said bills and deliver them
into the Colony Treasurer's hands, taking his receipt for the
same.

And it is further enacted by the authority aforesaid, That the
Treasurer be and he is hereby impovvered,to issue forth and pay
out the said sum of twenty thousand pounds towards the pay-
ment of the ])ublick debts of this Colony, according to such
orders as shall be given him from time to time according to
law.

And, as a fund and security for repayment and drawing in
of said bills into the treasury again, this Assembly grants a
tax of twenty and one thousand pounds, to be levyed on polls
and all other rateable estate in this Colony, to be paid into
the treasury in four equal payments, the first payment to be
made in May, 1752, and the last in May, 1755 ; and the
Treasurer of this XJolony for the time being shall take notice
hereof, and without further order from this Assembly shall
issue his warrant for collecting the said tax, at the several
times or periods abovementioued ; and the said rate or tax
shall be paid in bills of credit on this Colony of the new tenour
with the advance of twelve pence on the pound, or in silver
money at the rate of eight shillings per ounce troy weight
sterling alloy, or gold equivalent.

Whereas this Assembly, at their sessions in October last,
did appoint Simon Lothrop, Esq., Messrs. Richard Hide and
Ebenezer Hartshorn, a committee to run the line and ascer-
tain the bounds between the towns of Stoningtown and Groton,
and the said Lothrop being now bound on the expedition
against Cupe Breton, <fcc. : Therefore, this Assembly do, at
the request of the agents of said towns, appoint and impower
Mr. Jonathan Huntington, of Windham, to act in said busi-
ness with the said Hide and Hartshorn, in tlie room of the
said Simon Lothrop, Esq. And said committee are hereby

1745.] OP CONNECTICUT. 101

directed to make report of their doings in the premises to this
Assembly at their sessions in May next.

This Assembly appoints Nathaniel Stanly and Ozias Pitkin,
Esqi's, Mr. Joseph Buckingham, Colonel John Chester, Capt.
Jonathan Hale and Mr. Daniel Bissell, a committee to attend
at the Court House in Hartford, on the 29th day of March
instant, to hear the records of this Assembly read, and when
read off, to be signed by the Secretary as compleat.

Upon the 29tli day of March, anno Bom. 1745, at the Court
House in Hartford, the whole record of the sessions, acts and
orders of this Assembly, as it stands entered on the pages of
this book next preceding, was read off in the presence of the
committee abovenamed, and signed as compleat.

George Wyllys, Secret'y.

[284] Anno Regni Regis G-eorgii secimdi octavo-decimo.

At a General Assembly holden at Hartford in his Majes-
ty's English Colony of Connecticut in New England in
America, on Thursday the 9th day of May, and contin-
ued BY several adjournments UNTIL THE 30tH DAY OP THE

SAME month, annoque Domini 1745.

Present :
The Honourable Jonathan Law, Esq'', Governor.
James Wads>orth,^ William Pitkin, ']

Thomas Fitch, ! ^

Nathaniel Stanly,

Joseph Whitiiig, {^ Ebenezer Silliman, ^. ^..^;_

n'7i,4« Pittin r 1 Jonathan irurable, j ^ '

John Bulkley,

Ozias Pitkin,

Timothy Pierce,

Samuel Lynde,

Representatives or Deputies tliat attended at the Assembly are

as fo/loiv, (viz.)
Mr. Joseph Buckingham, Mr. Joseph Talcott, for Hartford.
Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman, for New

London.
Major Thomas Dyer, Mr. Ebenezer Wales, for Windiiam.
Mr. William Marsh, Mr. Joseph Parkhirst, for Plainfield.
Mr. Joseph Strong, Capt. Samuel Parker, for Coventry.
Colo. Jonathan Hoit, for Stand ford.
Mr. Paul Welch, Mr. Ebenezer Fisk, for New Milford.
Capt. James Bebee, Mr. Thomas Benedict, for Danbury.
Mr. Samuel Fitch, Mr. Joseph Piatt, for Norwalk.
Capt. Joseph Phelps, Mr. William Buel, for Hebron.
Mr. Boaz Stearns, Mr. Jonathan Clough, for Killingly.
Colo. Benjamin Hall, Mr. Isaac Moss, for Wallingford.

102 PUBLIC RECORDS [May,

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown.

Major Ebenezer Marsh, Mr. Isaac Baldwin, for Litchfield.

Mr. Thomas Mathews, Mr. John Scofield, for Waterbury.

Capt. John Fowler, Mr. Robert Treat, for Milford.

Capt. John Hubbard, Mr. John Hitchcock, for New Haven.

Capt. Samuel Burr, Mr. Thaddeus Burr, for Fairfield.

Colo. Hez'i Huntington, Capt. Joshua Huntington, for Nor-
wich.

Mr. Thomas Hart, Capt. Asahel Strong, for Farmingtown.

Mr. John Dixson, Mr. Thomas Kesson, for Voluntown.

Mr. Robert Walker, Capt. Theophilus Nickols, for Stratford.

Mr. John Humphrey, Capt. James Case, for Symsbury.

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say-
brook.

Mr. Timothy Keeler, Mr. Joseph Halley, for Ridgfield.

Capt. Nathaniel Foot, Mr. Epaphras Lord, for Colchester.

Capt, Elnathan Stephens, Mr. Isaac Kelsey, for Killingsworth.

Mr. Ebenezer Holbrook, Mr. Thomas Cotton, for Fomfrett.

Colo. Samuel Hill, Capt. Timothy Stone, for Guilford.

Capt. Nath' Harrison, Capt. Robert Foot, for Brandford.

Colo. Joseph Minor, Colo. William Preston, for Woodberry.

Capt. Samuel Bassett, Mr. Abell Gunn, for Derby.

[285]* Colo. John Dyer, Mr. Solomon Tracey, for Canterbury,

Capt. Thomas Storrs, Mr. William Johnson, for Mansfield.

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury.

Mr. William Wittar, Capt. Ebenezer Leonard, for Preston.

Mr. Ebenezer West, Capt. James Fitch, for Lebanon.

Capt. Israel Hewitt, Mr. Amos Cheesbrough, for Stoningtown.

Mr. Joseph Wells, for Haddam.

Capt. Ebenezer Mead, Capt. Jolm Mead, for Greenwich.

Mr. Noadiah Brainerd, for East Haddam.

Major Elihu Chauncey, Mr. Nathan Camp, for Durham.

Mr. Robert Knowlton, Mr. William Wadkins, for Ashford.

Colo. John Chester, Mr. Jonathan Robbins, for Weathersfield.

Mr. John Griswould, Capt. John Lee, for Lyme.

Capt. Roger Wolcott, Mr. Daniel Bisseli, for Windsor.

Colo. Christopher Avery, Mr. John Ledyard, for Groton.

Colo. Samuel Hill, Speaker, | of the House of Repre-
Capt. John Fowler, Clerk ] sentatives.

This day being appointed by the royal charter and the laws

of this Colony for the election of the publick officers of the

Colony, {viz .•) Governor, Deputy Governor, Assistants, Treas-
urer, and Secretary, proclamation was made, and the freemen

proceeded to bring in their votes to persons appointed by the

Governor, Council, and Representatives, to receive, sort, and

1745.] OF CONNECTICUT. 103

count them ; (which persons were, Nathaniel Stanly, Esq"",
Ozias Pitkin, Esq^ Timothy Piel'ce, Esqr, Thomas Fitch, Esqf,
William Pitkin, Esq^, Ebenezer Silliman. Esq^, Jonathan
Trumble, Esqf, Mr. Joseph Buckinoham, Colo. Thomas Wells,
Colo. Benjamin Hall, Capt. John Hubbard, Mr. Joshua Hunt-
ington, Capt. John Lee, Capt. Samuel Burr, Mr. Robert Walker,
Colo. John Dyer, and Mr. Ebenezer Wales,) who were all
sworn to a faithful discharge of that trust. And the freemen's
votes being brought in, sorted and counted.

The Honourable Jonathan Law, Esquire, was chosen Gov-
ernor of this Colony for the year ensuing, and the Governor's
oath prescribed by the law of this Colony, and the oath re-
quired by act of Parliament relating to trade and navigation,
were administered to him by James Wadsworth, Esq"", Assist-
ant, in the presence of the Assembly.

The Hon^ie Roger Wolcott, Esq"", was chosen Deputy Gov-
ernor of this Colony for the year ensuing.

James Wadsworth, Esq'', William Pitkin, Esq>",
Nathaniel Stanly, Esq^, Thomas Fitch, Esq\

Joseph Whiting, Esq'", " Roger Newton, Esq"",
Ozias Pitkin, Esq^, Ebenezer Silliman, Esq^",

Timothy Pierce, Esq"", Jonathan Trumble, Esq"",

Samuel Lynde, Esq"", John Bulkley, Esq"",

were chosen Assistants for the year ensuing, and had the As-
sistants' oath, provided by law, administered to them by his
Honour the Governor.

John Whiting, Esq^ was chosen Treasurer of this Colony
for the year ensuing, and had the Treasurer's oath, provided
by law, administered to him by his Honour the Governor.

[286] James Wadsworth, Esq^ and Mr. Robert Treat are
appointed to give the thanks of this Assembly to the Reverend
Mr. Elnathan Whitman, for his sermon delivered before them
on the 9th of May instant, and desire a copy tliereof that it
may be printed.

This Assembly do appoint the Hon'^'e Roger Wolcott, Esq"",
Chief Judge of the Superior Courts in this Colony the year en-
suing.

This Assembly do appoint James Wadsworth, Esq^, Wil-
liam Pitkin, Esq"", Ebenezer Silliman, Esq^", and John Bulk-
ley, Esq% to be Judges of the Superior Court in this Colony
the year ensuing.

104 PUBLIC RECORDS l^^Ji

This Assembly do appoint Roger Newton, Esqi'jto be Judge
of tiio County Court in the county of New Haven the year en-
suing.

This Assembly do appoint Joseph Whiting, Esq^, to be Judge
of the Courts of Probate in the district of New Haven the year
ensuing.

Tiiis Assembly do appoint Samuel Hill, Esq"", to be Judge
of the Courts of Probate in the district of Guilford the year
ensuing.

This Assembly do appoint Samuel Hill, Benjamin Hall,
John Southmaid and John Fowler, Esqi's, to be Justices of tlie
Peace and Quorum in and for tlie county of New Haven the
year ensuing.

This Assembly do appoint Samuel Gun, Robert Treat, Sam-
uel Bishop, Isaac Dickerman, John Hubbard, John Wood-
ward, John Russell, William Gold, Jonathan Russell, Andrew
Ward, Samuel Hopson, Thomas Hotchkiss, Elihu Chauncey,
Theophilus Yale, Samuel Hall, Elihu Hall, John Riggs, Sam-
uel Bassett, Samuel Riggs, Samuel Hickcox, Roger Brunson,
Samuel Can field, Nathaniel Bostwick, Samuel Hutchinson,
Timothy Stone, John Hitchcock, and Ezekiel Royce, Esq^^ to
be Justices of the Peace in and for the county of New Haven
the year ensuing.

This Assembly do appoint Timothy Pierce, Esq"", to be Judge
of the County Court in the county of Windham the year en-
suing.

This Assembly do appoint Timothy Pierce, Esq"", to be Judge
of the Court of Probate in the district of Windham the year
ensuing.

This Assembly do appoint Jonathan Trurable, Esq"", to be of
the Quorum in the county of Windham the year ensuing.

This Assembly do appoint Ebenezer West, Shubael Conant,
and John Dyer, Esq'* to be Justices of the Peace and Quorum
in and for the county of Windham the year ensuing.

This Assembly do appoint Joseph Strong, Peter Buel, Jo-
seph Fowler, Gershom Clark, Ebenezer Gray, Nathaniel Hunt-
ington, Nathaniel Wales, Thomas Storrs, Leicester Grosve-
nour, Ebenezer Holbrook, Thomas Tiffany, Joseph Leavinze,
John Crery, Joseph Cadey, James Wright, Joseph Palmer,
and Ebenezer Dow, Esq^*, to be Justices of the Peace in and
for the county of Windham the year ensuing.

This Assembly do appoint William Pitkin, Es(]'', to be Judge
of the County Court in the county of Hartford the year en-
suing.

1745.] OP CONNECTICUT. 105

This Assembly do appoint Joseph Buckingham, Bsqi", to be
Judge of the Court of Probate in the district of Hartford the
year ensuing.

This Assembly do appoint John Bulldey, Esq!", to be Judge
of the Court of Probate in the district of East Haddam the
year ensuing.

This Assembly do appoint Ebenezer Marsh, Esq"", to be
Judge of the Court of Probate in the district of Litchfield the
year ensuing.

[287] This Assembly do appoint Tliomas Wells, John Ches-
ter, Henry Allyn, and Jabez Hamlin, Esq", to be Justices of
the Peace and Quorum in and for the county of Hartford the
year ensuing.

This Assembly do appoint Joseph Buckingliam, Joseph Tal-
cott, George Wyllys, David Goodrich, Samuel Mather, Roger
"Wolcott, jun% William Wadsworth, Thomas Hart, John Hart,
Asahel Strong, Giles Hall, Joseph White, Thomas Johnson,
John Humphrey, Joseph Wilcoxson, Jonathan Hale, Heze-
kiah Brainerd, Nathaniel Foot, Israel Newton, Edward Bulk-
ley, Epa])hras Lord, Benjamin Skinner, Joseph Phelps, John
Bissell, Thomas Pitkin, Samuel Chapman, Zebulon AVest, Eb-
enezer Marsh, John Buel, John Beach, David Whitney, Tim-
othy Hatch, Ebenezer Lyman, Jabez Chapman, George Hol-
loway, and Isaac Kellogg, Esq""*, to be Justices of the Peace
in and for the county of Hartford the year ensuing.

This Assembly do appoint Samuel Lynde, Esq"", to be Judge
of the County Court in the county of New London the year
ensuing.

This Assembly do appoint John Richards, Esq"", to be Judge
of the Court of Probate in the district of New London the year
ensuing.

This Assembly do appoint John Griswould, Isaac Hunting-
ton, Christopher Avery, Jeremiah Miller, Esq^^, to be Justices
of the Peace and Quorum in and for the county of New Lon-
don the year ensuing.

This Assembly do appoint Richard Lord, Joshua Hunting-
ton, Jabez Hide, Hezekiah Huntington, Samuel Lothrop,
Jedadiah Tracey, Samuel Morgan, Humphrey Avery, Nathan-
iel Brown, Joseph Denison, John Whiting, Nathan Chees-
brough, Luke Perkins, John Lcdyard, Joshua Hempstead,
John Richards, Joshua Raymond, Daniel Coit, Thomas Lee,
Daniel Ely, Jedadiah Chapman, Simeon Minor, John TuUy,
Nathaniel Clark, Stephen Lee, Abraham Pierson, John Lane,

106 PUBLIC RECORDS [May,

Elisha Shelden, and John Cook, Esq", to be Justices of the
Peace in and for the county of New London the year ensuing.

This Assembly do appoint William Pitkin, Esq"", Jonathan
Trumble, Esq^ Mr. Joseph Talcott, Capt. Jonatlian Hale,
Capt. Timothy Stone, Mr. Jeremiah Chapman, Mr. Joseph
Piatt, and Mr. Ebenezer Wales, to be Auditoi's to audit the
publick accounts with the Treasurer, and make report to
the Assembly.

This Assembly do appoint Mr. John Williams to be a Jus-
tice of the Peace in and for the county of New Haven the
year ensuing.

This Assembly do establish and confirm Mr. Abraham
Chalker to be Lieutenant of tiie first company or trainband
in the seventli regiment in this Colony, and order that he be
commissioned accordingly.

This Assembly do establish and confirm Mr. Jonathan
White to be Captain of the north company or trainband in
the town of Hebron, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Daniel Bush-
nell to be Lieutenant of the north company or trainband in
the town of Hebron, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Samuel Gil-
bert, Jun'", to be Ensign of the north company or trainband
in the town of Hebron, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Gideon Brain-
erd to be Captain of the third company or trainband in the
seventh regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. James Wells
to be Lieutenant of the third company or trainband in the
seventh regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. David Smith
to be Ensign of the third company or trainband in the sev-
enth regiment in this Colony, and order that he be commis-
sioned accordingly.

[288] This Assembly do establish and confirm Mr. Sam-
uel Betts to be Captain of the company or trainband in the
parish of Wilton in Norwalk, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. John Marvin

1745.] OP CONNECTICUT. 107

to be Lieutenant of the company or trainband in the parish
of Wilton in Norwalk, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Elias Betts to
be Ensign of the company or trainband at the parish of Wil-
ton in Norwalk, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Joseph Hart
to be Lieutenant of the second company or trainband in the
town of Farmingtown, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Nathaniel
Newell to be Ensign of the second company or trainband in
the town of Farmingtown, and. order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Benjamin
Dewolph to be Ensign of the 4th company or trainband in
the 7th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Thomas Ed-
wards to be Captain of the company or trainband in North
Stratford, and order tha^t he be commissioned accordingly.

This Assembly do establish and confirm Mr. Thomas Feet
to be Lieutenant of the company or trainband in North Strat-
ford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Nathan Halley
to be Ensign of the company or trainband in North Strat-
ford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Storrs
to be Captain of the first company or trainband in the town
of Mansfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Henry Cleave-
land to be Lieutenant of the first company or trainband in
the town of Mansfield, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Elisha War-
ner to be Ensign of the first company or trainband in the
town of Mansfield, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Clement Minor
to be Lieutenant of the second company or trainband in the
town of Lyme, and order that he be commissioned accord-
ingly.

108 PUBLIC RECORDS [May,

This Assembly do establish and confirm Mr. Nathaniel
Silliman to be Captain of the first company or trainband in
the town of Fairfield, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Abraham
Morehouse to be Lieutenant of the first company or trainband
in the town of Fairfield, and order that he be commissioned
accordingly.

Tliis Assembly do establish and confirm Samuel Wakeman
to be Ensign of the first company or trainband in the town
of Fairfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Israel Munson
to be Lieutenant of the second company or trainband in the
town of New Haven, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. David Austin
to be Ensign of the second company or trainband in the town of
New Haven, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Moses Fuller
to be captain of the company or trainband in the town of
Stafford, and order that he be commissioned accordingly.

This Assembly do establish and con'firm Mr. Jolm Douglass
to be Captain of the first company or trainband in the town
of Plainfield, and order that he be commissioned accord-
ingly.

[289] This Assembly do establish and confirm Mr. Sam-
uel Hall to be Lieutenant of the first company or trainband
in the town of Plainfield, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joshua Hunt-
ington to be Captain of the first company or trainband in the
town of Norwich, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Jabez Mead to
be Captain of the west company or trainband in Horsneck in
Greenwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Isaac Holmes
to be Lieutenant of the west company or trainband in Horse-
neck in the town of Greenwich, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. John Dimon
to be Captain of the second company or trainband in the town
of Fairfield, and order that he be commissioned accordingly.

1745.] OF CONNECTICUT. ' 109

This Assembly do establish and confirm Mr. James Beers to
be Lieutenant of the second company or trainband in the
town of Fairfield, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Gideon Allen to
be Ensign of the second company or trainband in the town of
Fairfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Caleb Mead to
be Lieutenant of the east company or trainband in the town
of Greenwich, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Jonathan Close
to be Ensign of the east company or trainband in the town of
Greenwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Isaac Shepard
to be Lieutenant of the second company or trainband in the
town of Plainfield, and order that he be commissioned ac-
cordingly.

This Assembly do establisli and confirm Mr. Isaac Farrish
to be Lieutenant of the first company or trainband in the
town of Windham, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Pelatiah Ward
to be Ensign of the 12th company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Daniel Buel
to be Lieutenant of the 12th company or trainband in the
7th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. John Fish to
be Cornet of the Troop in the 11th regiment in this Colony,
and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Thomas Pierce
to be Quarter-Master of the Troop in the lltli regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Riverius Car-
rington to be Cornet of the Troop in the 13th regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Isaac Marsh
to be Quarter-Master of the Troop in the loth regiment in
this Colony, and order that he be commissioned accordingly.

Resolved hy this Assonhly, That the town of Newtown send

110 • PUBLIC RECORDS [May,

in to this Assembly, at their sessions in October next, their
list of polls and rateable estate, and that the Secretary of this
Colony transmit a copy of this act to the selectmen of said
town.

Upon consideration of the motion made by his Excellency
Governor Shirley and Colonel John Stoddard, in behalf of
the Province of the Massachusets Bay, respecting the main-
taining of garrisons and scouts for the security and defence of
the outward and frontier settlements of these governments :

Unsolved hy this Assembly, That the present Committee of
War in the county of Hartford be irapowered, and they are
hereby impowered and directed, to raise a company of foot,
not exceeding sixty men, including officers, and send them
into the county of Hampshire in the said Province, to be im-
ployed there under the direction of the Governor of the said
Province, or such officer as he shall appoint for that purpose,
in keeping garrison in the line of block-houses erected be-
tween Connecticut River and the Dutch settlements at Hoo-
suck, and in scouting from thence : provided nevertheless,
[290] that if the said committee, on furtlier || intelligence,
shall judge it not necessary that such foot company be forth-
with sent for the purpose aforesaid, they may suspend doing
the same until they shall judge it necessary to do the same ;
provided also, that the said Province will victual and support
such souldiers as shall be sent from hence during their contin-
uance in the service aforesaid. And the said Committee of
War, in order to their raising said company, are directed to
nominate to his Honour the Governour proper officers for
the same, to whom the Governor is desired to give proper
commissions. And, in case a sufficient number of men do
not appear and voluntarily inlist themselves for that service,
the said committee are hereby impowered to give proper or-
ders, in such and so many regiments as tbey judge conven-
ient and necessary, for the impressing said men for the ser-
vice aforesaid ; and the several officers in such regiments are
hereby ordered to attend and conform themselves to the orders
of said committee respecting the said impressing ; and the said
company shall be under the direction of the said committee as
to the time of their going to, continuing in, and returning
from said service. And all such ofiicers and souldiers as shall
go into said service shall be allowed and paid the same wages,
in new tenour bills of credit, which were stated and allowed
to officers and souldiers in current money in and by the act
entituled An Act for statitig the ivages mid for the more speedy
and careful payment of officers and souldiers in her Majesty^ s

1745.] OF CONNECTICUT. Ill

service, and defraying other charges arising hy the same, made
and passed by thi^ Assembly in the tenth year of the reign of
her late Majesty Queen Anne ; with this alteration, {viz:}
that the sergeants, instead of having twelve shillings new
tenour per week, sliall have thirteen shillings new tenour,
and the clerk, instead of ten shillings per week, shall have
eleven shillings, and the corporals, instead of nine shillings
and six pence per week, shall have ten shillings and six pence,
and the centinels, instead of nine shillings per week, shall
have ten shillings per week.

Resolved hy this Assembly, That Nathaniel Stanly, Ozias
Pitkin, William Pitkin, and Joseph Buckingham, Esqi's, or
any three of tiiem, l)e a committee with full power, and they,
or any three of them, are hereby fully impowered from time to
time, to adjust and settle such account and accounts that shall
be laid before them by any person or persons, relating to the
charge and expence of the present war; and whatsoever the
said committee shall find due upon any such account they are
to allow and draw orders from time to time for the same upon
the Colony Treasurer, who is hereby ordered to pay out of
the publick treasury such sum and sums to the person or
persons to whom it is due: always provided said committee
shall not adjust or settle the accounts of the commissaries ap-
pointed to make provision for the present expedition against
Cape Breton.

And it is further resolved. That such persons as have had
any arms or other accoutrements of war impressed and taken
from them and improved in the said expedition, upon the
return of such arms, &c., such persons, if they think it neces-
sary, may have them reapprized by the same persons who
apprized them before they were delivered to the souldiers, if
the same apprizers may be had, or by other sufficient persons
under oath, which apprizement shall l)e returned to some as-
sistant or justice of the peace, who shall under his hand trans-
mit the same to the said committee, upon which the said
committee shall from time to time proceed to make out orders
to the said Treasurer as aforesaid, so that thereby every per-
son may have a meet recompence for the damages he shall
sustain in any such arms or accoutrements.

Whereas many of the bonds given for the payment of the
first half of the principal sum borrowed in new tenour bills
loaned by order of this Assembly, although the time of pay-
ment mentioned in the condition of said bonds is past, remain
yet unpaid, the several borrowers neglecting or refusing the
payment thereof:

112 PUBLIC RECORDS [May,

It is, therefore, resolved hy this Assembly, That all such
bonds that shall remain unpaid till the tenth day of December
next shall be put in suit in the several counties in which the
obligor or obligors dwell ; and the Treasurer of the Colony is
[291] hereby authorized and fully || impowered to sue out all
such bonds remaining unpaid as aforesaid after the time afore-
said, and he is hereby directed to do the same in the several
counties as aforesaid ; and for that end the Treasurer is author-
ized and fully impowered to substitute attorney or attorneys for
the purpose aforesaid, and them at pleasure to revoke ; and
on such suits the said Treasurer or his substitutes may proceed
to final judgment and execution, according to the common
rule and course of tlie law.

■Always provided, That if any borrower shall pay the princi-
pal due by such bond, according to the condition of such
bonds, and tlie interest thereon from the time the bond was
out till paid, at the rate of three per cent, per annum, in
silver at the rate of eight shillings per ounce troy weight
sterling alloy, or gold equivalent, at any time before the said
tenth day of December, the Treasurer shall accept the same
and not require the lawful interest secured by such bonds.

Whereas his Honour the Governor has informed this As-
seml)ly that Robert Clark, of Uxbridge in the county of Wor-
cester and the Province of the Massachusets Bay, in pursu-
ance of orders and authority given to him for that purpose,
has apprehended one John Scions and Joseph Boyce, which
have been convicted of counterfeiting bills of credit at Salem
in the Province aforesaid, and has said Scions and Boyce now
in keeping in the town of Hartford, and the said Clark prays
the aid of this Assembly for the safe conveying said persons
into the Province aforesaid, that they may be brougiit to
justice: Resolved by this Assembly, that his Honour the Gov-
ernour be desired to issue a writ directed to the sheriff of the
county of Hartford, his deputy, requiring him to receive into
his care the said Scions and Boyce, and also to command suf-
ficient assistance for the safe carrying of said persons to the
civil authority in the county of Hampshire in the Province
aforesaid.
An Act to advance the Fare of Nehantick Ferry, called tlie Rope Ferry.

It is resolved hy this Assembly, That the fare of said ferry
shall be lor the future for man, horse and load, six-pence, and
for footmen four-pence, and for each ox or cow one shilling,
and for each sheep or swine one penny, and for a single horse
six-pence, all in old tenour ; any law, usage or custom to the
contrary notwithstanding.

1745.] OF CONNECTICUT. 113

Upon the memorial of John Booge, of East Haddam, repre-
senting that he is seized as tenant for life of a farm of lands
in said East Haddam of very considerable value, which might,
if advantageously improved or disposed of, afford him a com-
fortable subsistence, and which yet, through the infirmity of
a great age, he is become unable so to improve or dispose of,
<fec.; and praying that he, or some other meet person, be im-
powered to lease out his said farm for and during the term of
six years, &c.,as per said memorial on file appears: Resolved
by this Assembly, that Daniel Cone, of said East Haddam, be
appointed, and he is Irereby appointed and impowered, in the
most advantageous manner he shall be able, to lease out the
memorialist's said farm, to be prudently and without waste
improved, for and during the said term of six years ; and that
if it shall happen that the memorialist decease before expira-
tion of said term, that then and in such case all such rents and
profits as from and after such his decease shall accrue and
become due on such lease shall be and belong to the proper
legal heir or heirs to said estate, and by said Daniel Cone be
accordingly applied.

Upon the memorial of Edward Robinson, of New London,
praying for the payment of his account of sundry articles
delivered to Sachem Ben Uncas, as by the memorial on file :
Resolved by this Assembly, that the memorialist have out of
the Colony Treasury the sum of fifty-one pounds ten shillings
and two pence money old tenour, and the Treasurer is hereby
ordered to pay the same accordingly.

Upon the. memorial of Thomas Spencer, Michael Hill,
Thomas Spencer, jun^., Josiah Wright, Josiah Wilcox, Job
Bulkley, Daniel Edwards jun""., and Ebenezer Platts, of the
towns of Saybrook and Killingsworth, declaring that they are
sober dissenters frorn the worship and ministry established by
the laws of this government, and that they are of the per-
suasion of the people called Baptists, and true protestants ;
and thereupon praying for the indulgence of this Assembly:
[292] Resolved by this Assembly, that the memorialists be
indulged the enjoyment of the liberty of meeting and wor-
shiping according to their own persuasion : provided they first
before this Assembly take the oaths and subscribe the declara-
tion provided by act of Parliament in like cases, which they
may be admitted to.

By the Grovernor and Qompany of his Majesty^s Colony in
Neiv England in America.

An Act for the more full and compleat Establislxment of Yale College
m New Haven, and for enlarging the Powers and Priviledges thereor.

Whereas, upon the petition of several well-disposed and
15

114 PUBLIC RECORDS [May,

publick-spirited persons, expressing their desire that full lib-
erty and priviledge miglit be granted unto certain undertakers,
for the founding, suitably endowing, and ordering a Collegiate
School within this Colony, wherein youth might be instructed
in the arts and sciences, the Governor and Company of the
said Colony, in General Court assembled at New Haven, on
the ninth day of October in the year of our Lord one thous-
and seven hundred and one, granted unto the Reverend
Messrs. James Noyes, Israel Chauncey, Thomas Buckingham,
Abraham Pierson, Samuel Mather, Samuel xindrew, Timothy
Woodbridge, James Pierpont, Noadiah Russell, and Joseph
Webb, (who were proposed to stand as trustees, partners or
undertakers for the said society,) and to their successors, full
liberty, right and priviledge, to erect, form, direct, order, estab-
lish, improve, and at all times in all suitable ways to encour-
age the said school in some convenient place in this Colony,
and granted sundry powers and priviledges for the attaining
the end aforesaid: And whereas, the said trustees, partners
or undertakers, in pursuance of the aforesaid grant, liberty
and lycence, founded a Collegiate School at New Haven,
known by the name of Yale College, which has received the
favourable benefactions of many liberal and piously disposed
persons, and under the blessing of Almighty God has trained
up many worthy persons for tlie service of God in the state as
well as in the church : And whereas the General Court of this
Colony, assembled at New Haven the tenth day of Octo])er, in
the year of our Lord one thousand seven hundred and twenty-
three, did explain and enlarge the aforesaid powers and privi-
ledges granted to the aforesaid partners, trustees or under-
takers, and their successors, for the purpose aforesaid, as by
the respective acts, reference thereto being had, more fully
and at large may appear: And whereas the Reverend Messrs.
Thomas Clap, Samuel Whitman, Jared Eliot, Ebenezer Wil-
liams, Jonathan Marsh, Samuel Cook, Samuel Whittelsey,
Joseph Noyes, Anthony Stoddard, Benjamin Lord, and Daniel
Wadsworth, the present trustees, partners and undertakers
of the said school, and successors of those before mentioned,
have petitioned that the said school with all the rights, powers,
priviledges and interests thereof, may be confirmed, and that
such other additional powers and priviledges may be granted
as shall be necessary for the ordering and maiuiging the said
school in the most advantageous and beneficial manner, for
the promoting all good literature in the present and succeeding
generations: Therefore,

The G-ove7'nor and Comjjany of his 3IajeMi/^s said English
Colony of Connecticut^ iti Qeneral Court assembled, this niyith

1746.] OF CONNECTICUT. 115

day of May in the year of our Lord one thousand seveti hundred
and forty-jive, enact, ordain and declare, and by these presents it
is enacted, ordained and declared :

(1.) That the said Thomas Clap, Samuel Whitman, Jared
Eliot, Ebenezer Williams, Jonathan Marsh, Samuel Cook,
Samuel Whittelsey, Joseph Noyes, Anthony Stoddard, Benja-
min Lord, and Daniel Wadsworth, shall be an incorporate
[293] society, or body || corporate and politick, and shall here-
after be called and known by the name of The President and
Fellows of Yale College in New Haven ; and that by the same
name they and their successors shall and may have perpetual
succession, and shall and may be persons capable in the law to
plead and be impleaded, defend and be defended, and answer
and be answered unto, and also to have, take, possess, acquire,
purchase or otlierwise receive, lands, tenements, hereditaments,
goods, chattels or other estates, and the same lands, tene-
ments, hereditaments, goods, chattels or other estates to grant,
demise, lease, use, manage or improve, for the good and bene-
fit of the said college, according to the tenour of the donation
and their discretion.

(2.) That all gifts, grants, bequests and donations of lands,
tenements or hereditaments, of goods and chattels, heretofore
made to or for the use, benefit and advantage of the Collegiate
School aforesaid, whether the same be expressed to be made
to the President or Rector and to the rest of the incorporate
society of Yale College, or to the Trustees or Undertakers of the
Collegiate School in New Haven, or to the trustees by any
other name, stile or title whatsoever, whereby it may be
clearly known and understood that the true intent and design
of such gifts, grants, bequests and donations was to or for the
use, benefit and advantage of the Collegiate School aforesaid
and to be under the care and disposal of the governors
thereof, shall be confirmed, and the same hereby are confirmed
and shall be and remain to, and be vested in the President
and Fellows of the College aforesaid and their successors, as
to the true and lawful successors of the original grantees.

(3.) That the said President and Fellows and their suc-
cessors shall and may hereafter have a common seal, to serve
and use for all causes, matters and affairs of them and their
successors, and the same seal to alter, break and make new,
as they shall think fit.

(4.) That the said Thomas Clap shall be, and he is hereby
established, the present President, and the said Samuel Whit-
man, Jared Eliott, Ebenezer Williams, Jonathan Marsh,
Samuel Cook, Samuel Whittelsey, Joseph Noyes, Anthony
Stoddard, Benjamin Lord, and Daniel Wadsworth, shall be,

116 PUBLIC RECORDS [May,

and tliey are hereby established, the present Fellows of the
said college; and that they and their successors shall continue
in their respective places during life, or until they, or either
of them, shall resign or be removed or displaced, as in this
act is hereafter expressed.

(5.) That there shall be a general meeting of the President
and Fellows of said College in the college library, on the
second Wednesday of September annually, or at any other
time and place which they shall see cause to appoint, to con-
sult, advise and act in and about the affairs and business of the
said College ; and that on any special emergency the President
and any two of the Fellows, or any four of the Fellows, may
appoint a meeting at the said college: provided they give
notice thereof to the rest by letters sent and left with them or
at the places of their respective abode five days before such
meeting; and that the President and six Fellows, or in case
of the death, absence or incapacity of the President, seven
Fellows convened as aforesaid, (in which case the eldest
Fellow shall preside,) shall be deemed a meeting of the Pres-
ident and Fellows of said College ; and that in all the said
meetings the major vote of the members present shall be
deemed the act of the whole, and where an equi-vote happens,
the President shall have a casting vote.

(6.) That the President and Fellows of the said College
and their successors, in any of their meetings assembled as
aforesaid, shall and may from time to time, as occasion shall
require, elect and appoint a President or Fellow in the room
and place of any President or Fellow who shall die, resign or
be removed from his office, place or trust, whom the said
Governor and Company hereby declare for any misdemeanour,
unfaithfulness, default or incapacity, shall be removable by
the President and Fellows of the said college, six of them at
least concurring in such act ; and shall have power to appoint a
scribe or register, a treasurer, tutors, professors, steward, and
all such other officers and servants usually appointed in col-
leges or universities, as they shall find necessary and think
fit to appoint, for the promoting good literature and the well
[294] ordering and managing the affairs of said || college,
and them or any of them at their discretion to remove, and to
prescribe and administer such forms of oaths (not being con-
trary to the laws of England or of this Colony) as they shall
think proper to be administred, to all the officers, instructors
of the said college, or to such and so many of them as they
shall think proper, for the faithful execution of their respec-
tive places, offices and trusts.

(7.) Tliat the present President and Fellows of said college

1745.] OF CONNECTICUT. 117

and their successors, and all such tutors, professors and other
officers as shall be appointed for the pulilick instruction and
government of said college, before they undertake the execu-
tion of their respective offices and trusts, or within three
months after, shall publickly in the college hall take the oaths
and subscribe the declaration appointed by an act of Parlia-
ment made in the first year of King George the first, entituled
An Act for the further security of his Majesty's person and
government and the succession of the crown in the heirs of
the late Princess Sophia, being protestants, and for extinguisli-
ing the hopes of the pretended Prince of Wales and his open
and secret abettors : that is to say, the President before the Gov-
ernor, Deputy Governor, or any two of the Assistants of this
Colony, for the time being, and the Fellows, tutors and other
officers before the President for the time being, who is hereby
impowered to administer the same ; an entry of all which shall
be made in the records of said college.

(8.) That the President and Fellows shall have the gov-
ernment, care and management of the said college, and all
the matters and affairs thereunto belonging, and shall have
power, from time to time as occasion shall require, to make,
ordain and establish all such wholesome and reasonable laws,
rules, and ordinances, not repugnant to the laws of England,
nor the laws of this Colony, as they shall think fit and proper,
for the instruction and education of the students, and order-
ing, governing, ruling, and managing the said college, and all
matters, affairs and things thereunto belonging, and the same
to repeal and alter, as they shall think fit; (which shall be laid
before this Assembly as often as required, and may also be
repealed or disallowed by this Assembly when they shall
think proper.)

(9.) That the President of said college, with the consent
of the Fellows, shall have power to give and confer all such
honours, degrees or lycences as are usually given in colleges
or universities, upon such as they shall think worthy thereof.

(10.) That all the lands and rateable estate belonging to
the said college, not exceeding the yearly value of five hun-
dred pounds sterling, lying in this government, and the per-
sons, families and estates of the president and professors, lying
and being in the town of New Haven, and the persons of the
tutors, students, and such and so many of the servants of said
college as give their constant attendance on the business of it,
shall be freed and exempted from all rate?, taxes, military
service, working at highways, and other such like duties and
services.

(11.) And, for the special encouragement and support of

118 PUBLIC RECORDS [May,

said college, this Assembly do hereby grant unto the said
President and Fellows and their successors, for the use of the
said college, in lieu of all former grants, one hundred pounds
silver money, at the rate of six shillings and eight pence per
ounce, to be paid in bills of publick credit, or other currency
equivalent to the said lumdred pounds, (the rate or value
thereof to be stated from time to time by this Assembly,) in
two equal payments in October and May annually: this pay-
ment to continue during tlie pleasure of tliis Assembly.

In full testimony and confirmation of this grant and all the
articles and matters therein contained, the said Governor and
Company do hereby order that this act shall be signed by the
Governor and Secretary, and sealed with the publick seal of
the Colony, and that the same, or a duplicate or exemplifica-
tion thereof, shall be a sufficient warrant to the said President
and Fellows, to hold, use and exercise all the powers and
priviledges therein mentioned and contained.

[295] This Assembly do appoint Andrew Burr, Esq^, to
be Judge of the County Courts in and for the county of Fair-
field the year ensuing.

This Assembly do appoint Ebenezer Silliman, Esq'', to be
Judge of the Courts of Probate in the district of Fairfield the
year ensuing.

This Assembly do appoint Joseph Minor, Esqr,to be Judge
of the Court of Probate in the district of Woodberry the year
ensuing.

This Assembly do appoint Jonathan Hoit, Esq"", to l)e
Judge of the Court of Probate in the district of Standford the
year ensuing.

This Assembly do appoint Thomas Benedict, Esq"", to be
Judge of the Court of Probate in the district of Danbury the
year ensuing.

This Assembly do appoint Andrew Burr, Edmund Lewiss,
John Thompson, Jonathan Hoit, and William Preston, Esq^^,
to be Justices of the Peace and Quorum in and for the county
of Fairfield the year ensuing.

This Assembly do appoint John Burr, Joseph Minor,
Noah Hinman, Joseph Blackleach,Theophilus Nickols, Robert
Walker, Samuel Addams, Samuel Sherwood, Thaddeus Burr,
John Read, Moses Dimon jun"",, Thomas Tousey, Job Sher-
man, James Bc^be, Thomas Benedict, James Benedict, Rich-
ard Olmstead, Samuel Hanford, James Lockwood, John Betts,
Benjamin Hickcox, Samuel Hoit, Jonathan Makbie, Nathaniel
Peck, and Ebenezer Mead, and Samuel Fitch, Esq^^, to be

1745.] OF CONNECTICUT. 119

Justices of the Peace in and for the county of Fairfield the
year ensuing.

Upon the petition of Winslow Tracy, of Norwich in the
county of New London, setting forth that in an action he
brought against Joseph Tracy of said Norwich, demanding
two tracts of land, in which action final judgment was ren-
dered in favour of the defendant, in the superior court holden
in said Norwich in March last, and that in the tryal the said
Winslow had lost his case by making a wrong reply to a plea
put in by the defendant ; praying that the judgment of said su-
perior court may be reversed, and that the petitioner may have
another tryal of said action at the superior court to be holden
at New London in September next, with liberty to alter said
reply : Resolved by this Asseml)ly, that the said judgment of
the superior court be reversed, and the same is hereby reversed
and made void, and the said petitioner hath liberty granted
him to have another tryal of his said action in the said supe-
rior court to be holden in New London in September next,
wliere he may alter his said reply ; and the future cost only to
follow said tryal.

Upon the petition of John Wadsworth, late of Canterbury
in the county of Windham, now of Milton, &c., vs. Joseph
Parkhirst, of Plainfield in tlie county of Windham aforesaid,
complaining of the judgment of the superior court held in
Windham in March, A. D. ITlf , rendered against him in a
case there depending between the petitioner, then plaintiff, and
the said Parkhirst, defendant, brought for the recovery of
about one hundred and eighty-eight acres of land, alledging
that the court and jury had missed the law therein, and pray-
ing a reversal of the said judgment, and for liberty of a new tryal
of said case : Resolved by this Assembly, that the judgment
of the superior court held in Windham in March aforesaid,
given in the said case, be set aside, and the same is hereby
set aside ; and that the petitioner have liberty, and the same is
hereby granted to him, to have another tryal of the said action
at the superior court to l)e held in Windham aforesaid on the
third Tuesday of September next ; and that the future cost
only go according to the judgment that shall be given
therein.

Upon the memorial of Manoah Smith, of Glassenbury, pray-
ing this Assembly to settle the ferry called Glassenbury Ferry
on him the memorialist : Resolved by this Assembly, that the
said Manoah Smith keep said ferry for the future, at the usual
place over Connecticut River, he taking the fare thereof as al-
ready by law provided.

120 PUBLIC RECORDS [May,

This Assembly do establish and confirm Mr. Benjamin
Seeley to be Ensign of the company or trainband at the north
parish in the town of New Fairfield, and order that he be com-
missioned accordingly.

[296] An Act for ttie impowering Persons to take Care of and. improve
Estates given for the Support of the Ministry. _

Whereas there have been divers grants, donations or se-
questrations of lands, moneys, or other estates or interests,
made for the use of the ministry settled and established by
the laws of this Colony, by means whereof, in sundry of the
towns and societies in this Colony, there are considerable
estates belonging to such town or society, for the use of the
ministry therein settled as aforesaid : but, for want of suffi-
cient provision in the law to enable some suitable persons to
take care of and improve such estates for the use aforesaid, the
same are liable to great loss and waste, and are much less
profitable than otherwise they might be rendered :

Be it, therefore, enacted hy the Governor, Council and Rep-
resentatives, in General Qourt assembled, and hy the authority
of the same, That where there are any lands, moneys or other
estate, granted, given or sequestered, according to ancient
custom, usage or practice, or shall hereafter be given, granted
or sequestered, for the use and support of such ministry in any
town or society in this Colony, then, and in every such case,
the selectmen for the time being of such towns in which there
is but one ecclesiastical society, and the committee for the time
being of such ecclesiastical society as have or may be consti-
tuted by this Assembly, or a committee appointed by such
town or society, (which they, respectively, are hereby impow-
ercd to appoint for that end,) shall have full power and author-
ity to demand, recover, receive, take care of and improve, all
such lands, moneys or other estates, to and for the use and
support of the ministry settled as aforesaid in such town or
society which they respectively represent, according to the true
and real meaning, intent, end and design in such grants, dona-
tions and sequestrations of such lands, moneys or other estates,
contained, and of their improvement thereof, and of the in-
crease, profits and interests thereof, to be accountable from
time to time to such town or society as they respectively
represent.

And, that such selectmen and committee may be enabled
more effectually from time to time to do the service aforesaid :

Be it farther enacted hy the authority aforesaid, That the
selectmen and committee aforesaid, or the major part of them,
shall and may make all proper and necessary contracts, and
commence, prosecute and pursue all needful suits, actions and

1745.] OP coNNKCTicuT. 1:^1

causes in the law, for the purpose aforesaid ; and such select-
men and committees as shall from time to time succeed and
come into the room and stead of others removed by death
or otherwise, shall have the same power to act, appear, pros-
ecute and pursue, in and upon any contract, suit, action or
cause, for or concerning the matters aforesaid, as fully as
those whom they succeed in the offices aforesaid might or
could do if they had not been removed as aforesaid.

And whereas divers of the societies aforesaid are made or
hereafter may be made and constituted out of two or more ad-
joyning towns, so that part of the society live in one town and
part in another : And whereas, by virtue of the grants, dona-
tions or sequestrations aforesaid, such part of a society that
live in one of the adjoyning towns have or may have some
lands, moneys or other estates, belonging to that part distinct
from the rest of the society, for the use aforesaid :

Be it therefore, further enacted hy the authority aforesaid.
That such parts of societies, having such distinct interests,
shall and may meet among themselves and from time to time
act, order and direct respecting such their distinct interests for
the use aforesaid, according to the provision by this act made
for societies in regard to such interests, and for that end may
[297] choose a clerk, who shall be duly sworn || to a faithful
discharge of his trust ; also may appoint a committee to take
care of and improve the interests aforesaid, for the use afore-
said, who shall have the same power and authority, and be
under the same regulations, respecting the said interests
belonging to such part of a society, as is given and j)rovided
by this act to and concerning the committee or committees of
tlie societies aforesaid, respecting tlie matters and interests
aforesaid.

Upon the petition of Aylmer Gravel, of Pliiladelphia, pray-
ing the reversal of a judgment given against him by the county
court held at New London in June, 1748, in favour of William
Spencer, of Suflfield in the county of Hampshire ; and praying-
liberty to enter said action at the county court to be held at
New London in the county of New London the second Tues-
day of June next, and to proceed upon the same according to
law, the said judgment notwithstanding: Resolved by this
Assembly, that said judgment be set aside, and that the peti-
tioner have liberty to enter said action at the county court to
be held at New London the second Tuesday of June next,
and proceed upon the same as though it had come to said
county court by review : always provided the petitioner pro-
cure and give sufficient bond to prosecute the same accord-

122 PUBLIC RECORDS [May,

ing to law : and that only the future cost shall follow final
judgment.

Resolved hy this Assembli/, That Colonel Thomas Wells
and Colonel John Chester be joyned with Nathaniel Stanly,
Ozias Pitkin, William Pitkin and Joseph Buckingham, Esq^^
who were a)3pointed a committee by this Assembly, to examine
and adjust the accounts that by any person or persons shall
be brought in and laid before said committee during the ses-
sions of this Assembly, respecting the war; any three of said
committee with full power to hear, examine, and adjust said
accounts, and to sign orders to the Treasurer of the Colony
to deliver and pay out of the treasury such sum or sums of
money allowed by said committee, (the commissaries accounts
respecting the expedition to Cape Breton excepted.)

Ordered hy this Assembly, That the Treasurer pay out of the
publick treasury unto Colo. Hezekiah Fluntington the sum of
thirty-four pounds twelve shillings old tenour, being the bal-
lance of his account (allowed by this Assembly) relating to
the purchasing rigging for the sloop Defence by order of the
government in October last.

Upon the memorial of Natlianiel Green and others, inhal)it-
ants of the town of Cornwall, praying for a tax upon the
land of said township, to defray ministerial charges and for the
building a meeting-house in said town : This Assembly grants
and orders a tax of four pence, money of the old tenour, per
acre per annum, upon three hundred acres of each right in
said township, laid out or agreed to l)e laid out, on said rights,
and that tlie same begin on the first day of July next, and con-
tinue for the space of two years then next afterwards, and to
be collected by Mr. Mathevv Millard of said Cornwall, and im-
proved for the purposes aloresaid.

Upon the memorial of John Bartlett, Beriah Whitmore, and
others, belonging to the parish of Midlefield in Midletown in
the county of Hartford, praying that the report of a former
committee appointed to affix a place for a meeting-house in
said parish, might not be confirmed, and that another com-
mittee may be appointed, again to view the circumstances of
said parish, and affix the place for said meeting-house, &c. :
Resolved by this Assembly, that Messrs. Joseph Pitkin, Thos.
Hart, of Kensington, and Daniel Goodwin of Harttord, in said
county, bo a committee to view tiie circumstances of said par-
ish and to affix a place lor the building of a meeting-house
where it shall be most for the advantage of said society in
general ; first notilying all persons concerned ; and make
report of their doings to this Assembly in reasonable time.

1745.] OF CONNECTTCUT. 123

Upon the petition of James Enno, of Union in the county of
Windham, vs. William Enno, of Symsbury in the county of
Hartford, on file : The question was put, whether the pleas
offered by the respondent in abatement of the said petition are
sufficient to abate the same : Resolved by this Assembly in
the affirmative. Cost allotved respondent <£8 5s. Od. Ex.
granted., July \Wi^ 1745.

[298] Upon the petition of Thomas Moffat, of Boston, vs.
Timothy Thrall, of Windsor, representing that before the
superior court at Hartford in September last he brought his
writ of scire facias against Timothy Thrall, to shew reason
wherefore a certain judgment by him recovered against James
Poisson and Walter Henderson should not l)e affirmed against
him, said Thrall, as surety, &c., and that on demurrer to the
declaration said scire facias wixs found, thrd a mistake in reci-
tal of the record, to be insufficient; which error to correct he,
by a law of limitation, is prevented ; and praying liberty to
prosecute a new scire facias against said Thrall, &c., as per his
petition on file, dated April MOtb, 1745: Resolved by this
Assembly, that the petitioner have liberty of commencing a
new writ of sci^-e facias in the premises against the said Thrall,
at the superior court to be held at Hartford in September
next, in due form of law to be prosecuted, and that of the writ
of scire facias the future cost only to follow the final judg-
ment.

Upon the petition of Joseph Brandon and Benjamin Dolbear,
of Boston, vs. Timothy Thrall, of Windsor, representing that
they had purchased, and before the superior court at Hartford
in March last had depending, a writ of scire facias against
said Timothy Thrall, to shew reason wherefore a certain judg-
ment by them obtained against James Poisson and Walter
Henderson should not be affirmed against him, said Thrall, as
surety, <fec., and that on demurrer to the declaration, said
scire facias, through an oversight or misprisionin recital of the
record, was found to be insufficient ; which error to correct by
new process he, by the law of limitation of such-process, is
prevented ; and praying liberty to prosecute a new writ of
scire facias against said Thrall, &c., as per their petition on
file, dated April 30th, 1745 : Resolved by this Assembly, that
the petitioners have liberty of commencing a new writ of
scire facias in the premises against the said Thrall, at the
superior court at Hartford in September next, against him in
due form of law to be prosecuted ; and that of the writ of scire
facias the future cost only shall follow the final judgment.

Upon the memorial of Ebenezer Barns and others, inhabi-

124 PUBLIC RETORDs [May,

tants of the fourth society in the town of Parmingtown, repre-
senting tlie burthen of charges lying upon tlie said inhabitants
on account of settling a minister and building a meeting-house
for the publick worship, as proposed by them, and praying that
all the unimproved lands within the limits of said society
might be rated or taxed at six pence old tenour per acre per
annum^ &c. : Resolved by this Assembly, that all the unim-
proved lands within the limits of said society or parish be rated
or taxed, and they are hereby ordered to be taxed at six pence
money, old tenour, per acre per annw/i, for the space of four
years, to commence next from and after the rising of this
Assembly, to be raised and levied of the several owners of
such lands according to their respective quantities, whether
non-residents or others ; and that the said moneys so raised be
improved towards the settling of a minister and building a
meeting-house for the publick worship in said parish ; and
Moses Lyman, one of the inhabitants of said parish, is hereby
ordered and inabled to collect the said moneys and deliver
the same into the hands of the committee of said parish or
society, to be improved for the purposes aforesaid.

This Assemldy do establish and confirm Mr. John Woodruff
to be Quarter-Master of the Troop in the second regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Hull
to be Captain of the north company or trainband in the par-
ish of Cheshire, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Benjamin
Moss to be Lieutenant of the north (company or trainband in
the parish of Cheshire, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Ephraim Hub-
bell to be Captain of the company or trainband in the town
of Kent, and order that he be commissioned accordingly.

[299] Upon the petition of David Sherman jun"", of Strat-
field in Fairfield county, against Mr. Samuel Cook, of said
Stratfield, representing that said Mr. Cook had brought his
action against him, setting forth that at a society meeting on
the 16tli of December, 1742, held at said Stratfield, the said parish
did grant unto him, then being their minister, the sum of
.£225 Os. Oc^. for his salary for the then current year, and
chose one Zachariah Sandford collector, <fec. ; that he had
been prevented the procuring a distress to enforce the collect-
ing said sum, (great part of which remained unpaid,) by his,
said Sherman's, refusal to certify, &c., and demanding sixty

1745.] OF CONNECTICUT. 125

pounds lawful money in damages ; that in said action final
judgment was erroneously rendered against him, the petitioner,
by the superior court at Fairfield in February last, for the said
Mr. Cook to recover of him the sum of £12 lOs. lO^c^. lawful
money damage and cost ; and praying a reversal of said judgment,
and liberty of a new tryal of said cause, or other relief in
the premises, as per petition on file, dated April 2yth, 1745:
Resolved by this Assembly, that said judgment complained of
is not erroneous. And it is also further resolved, that the
committee of said society of Stratfield shall procure a distress
under hand of proper authority, directed to said Zachariah
Sandford, hiui commanding of the rate or tax made for the rais-
ing said X225 in said December granted as abovesaid still re-
maining unpaid, forthwith to collect and pay to the present
committee of said society the sum ol" fifty pounds three shil-
lings and six pence in bills of the old tenour, by the first day
of July next, to be by them, on receipt thereof, forthwith paid to
the said David Sherman ; and on failure or refusal to have
collected and pay as abovesaid, the next assistant or justice of
the peace, on information thereof, shall issue a distress
directed to the sheriff of the county of Fairfield, or his deputy,
&c., them requiring said sum of fifty pounds three shillings
and six pence, together with the charges on said distress
arising, of said committee to collect, and to the petitioner to pay
and deliver, to his own proper use and behoof. Cost atloived Mr.
SaniU. Cook vs. David ^SIt,ernian jr^ £5 18s. 4:d. Ex. gran-
ted/or the cost Oct. 24th, 1745.

An Act for enlarging the Limits of the Second Military Company in the
Town of Nor^vich.

Whereas by the affixing of the limits of the sixth military
company in said town, (which was the bounds of the parish of
New Concord,) there was a considerable part of the company
then known by the name of the company on the west side of
the dividing line of the second company, (though not suffi-
cient to make a compleat company,) left without being annexed
to any company, who lie so situate as that they may most con-
veniently attend military service in the second company in said
Norwich :

Be it enacted by the Governor, Council and Representatives..
in General Court assembled, and by the authority of the same.
That the limits of the military company under the command
of Capt. Joseph Tracey, and known by the name of the sec-
ond company in said Norwich, be enlarged, and the limits
thereof are hereby ordered to extend south westwardly by New
Concord line to New London bounds, thence by New London
bounds running eastwardly to New London road, thence north-

12fi PUBLIC RECORDS [May,

erlj by said road till it comes to the line of the said second
company, at the river.

This Assembly do establish and confirm Mr. Nathan Bennet
to be Captain of the company or trainband in the parish of
Ripton, and order that he be commissioned accordingly.

This Asseml)ly do establish and confirm Mr. Samuel Addams
to be Lieutenant of the company or trainband in the parish
of Ripton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Sevignion
Lewis to be Ensign of the company or trainband in tlie par-
ish of Ripton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Sanmel
Stoughton to be Ensign of the 2d company or trainband in
the town of Windsor, and order that lie be commissioned
accordingly.

[300] Upon the petition of John Rose, of Weathersfield,
in the county of Hartford, representing that George Wyllys,
Esq"", and John Whiting, Esq"", both of Hartford, brought
their joynt action against him to the adjourned county court
held at Hartford in and for the county of Hartford on the last
Tuesday of January last past, demanding damages forty
pounds money, old tenour, wherein they set forth that Guin-
nea, a negro slave and servant of the said R(jse, had cut down
and destroyed a large green poplar tree, claimed to be in the
possession of the said Wyllys and Whiting, and that judgment
was there rendered against the petitioner on a demurrer to
the declaration, and that the petitioner advised his attorney
to review the said action to the county court held at said Hart-
ford in Ajtril then next, which by mistake was omitted to be
entered, &c. ; praying for liberty to enter said action at the
adjourned county court to be held at Hartford in and for the
county of Hartford on the third Tuesday of June next, and
there have another tryal in said action ; and that the whole
cost follow the final judgment, &c. : Resolved by this Assem-
bly, that the said Jolm Rose have liberty to enter said action
at the said adjourned county court held at said Hartford on
the third Tuesday of June next, and there have another tryal
in said action, and that the whole cost follow the final judg-
ment in said action, and that execution of said former judg-
ment be suspended in tlie mean time.

Upon the memorial of Peter Quintai'd, of Norwalk, and
Hannah Quintard, of Standford, administrators on the estate
of Isaac Quintard, late of Standford, deceased, shewing that
the debts due from said estate surmount the moveable estate

1745.] OP CONNECTICUT. 127

of said deceased the sum of four hundred forty-one pounds
four shillings and three pence old currency, and praying for
liberty to sell so much of the real estate of said deceased as
will be necessary to answer the said sum with the necessary
charges arising thereon : Resolved by tliis Assembly, that the
memorialists have liberty to sell so much of the real estate of
the said deceased as will be necessary to pay the said sum of
four hundred forty-one pounds four shillings and three pence
old currency with the necessary charges arising therein, taking
the direction of the court of probate in the district of Stand-
ford therein ; and the memorialists and Nathaniel Hul)bard,
of said Standford, are hereby appointed and substituted to
make sale of the real estate for the purpose aforesaid, and to
give proper deed or deeds thereof accordingly.

Upon the memorial of Nathan Disbrow, of Fairfield, desir-
ing liberty to keep a ferry and build a toll bridge across the
salt water river lying between the towns of Fairfield and Nor-
walk, at a place called the Narrows at tbe Great Rock, so
called : Resolved by this Assembly, that the said Nathan Dis-
brow have liberty, and liberty and the privilege of setting up
and keeping a ferry at said place is hereby granted unto him,
and the same to keep and maintain until lie build a good
horsc-ltridge across the said river at said place, which this
Assembly grants to him the sole liberty and right to do as
soon as he sees cause to do it ; ar.d the fare of said ferry and
toll of said bridge, when they shall be respectively set up and
built, shall be as follows, {viz:} for man, horse and load, and
also for a single horse, ox or cow, or other neat cattle, eight
pence old tenour, and four pence in like tenour for each single
person, till this court slrall order otherwise ; and the said
ferry during the time it shall l)e kept up, and the said bridge,
shall be under the regulations of the laws of this government
respecting ferries and toll-bridges : provided the said Disbrow,
at or before the first of June, A. D. 1746, set up said ferry,
and after that continue to keep up the same, or erect and con-
tinue to maintain the bridge aforesaid.

This Assemlily do establish and confirm Mr. Benjamin Fin-
ney to be Ensign of the seventh company or trainband in the
town of Windsor, and order that he be commissioned accord-
ingly.

[301] On the petition of Moses Bush, of Midletown in
the county of Hartford, vs. Daniel Robbins, of Weathersfield,
in said county, on file : The question was put, whether the
pleas offered in abatement of said petition are sufficient to
abate the same : Resolved by this Assembly in the affirmative.

128 PUBLIC RECORDS [May.

Cost allowed respondent is £Q 6s. Od. Ex. granted.^ June 19^A,
1746.

Resolved hy this Assembly, That a number of volunteers, not
exceeding two companies consisting of one hundred men each
exclusive of commission officers, he forthwith raised and sent
to reinforce the troops already gone on the expedition against
Cape Breton ; and that the encouragements for such able-
bodied effective men as shall inlist themselves to go on said
reinforcement be the same as were allowed and given to such
as were first raised to go on said expedition, and suital)le offi-
cers be forthwith appointed and sent forth to inlist volunteers
as aforesaid.

This Assembly do appoint Capt. Adonijah Fitch, of Leba-
non, to be Captain of one of the military companies of recruits
ordered by this Assembly to be raised for the expedition against
Cape Breton.

This Assembly do appoint Mr. Nathaniel Farrand, jun"", of
Milford, to be Captain of one of tlie military companies of
recruits ordered by this Assembly to be raised for the expedi-
tion against Cape Breton.

This Assembly do appoint Mr. Ezekiel Ashley to be Lieu-
tenant of one of the companies of recruits ordered by this
Assembly to be raised for the expedition against Cape Breton.

This Assembly do appoint Mr. Jabez Barlow, of Fairfield,
to be Lieutenant of one [of] the military companies of re-
cruits ordered by this Assembly to be raised for the expedi-
tion against Cape Breton.

This Assembly do appoint Mr. John Parker, of Say brook,
to be Ensign of one of the military companies of recruits or-
dered b}'^ this Assembly to be raised for tlie expedition against
Cape Breton.

This Assembly do appoint Mr. Ephraim Parrish, of Brand-
ford, to be Ensign of one of the military companies of recruits
ordered by this Assembly to be raised for the expedition
against Cape Breton.

This Assembly do establish and confirm Mr. John Sprague
to be Captain of the north company or trainband in the town
oi' Sharon, and order that be l)e commissioned accordingly.

This Assembly do establish and confirm Mr. John Purdee
to be Lieutenant of the north company or trainband in the
town of Sharon, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Thomas North

1745.] OP CONNECTICUT. 129

to be Ensign of tlie north company or trainband in the town
of Sharon, and order tliat he be commissioned accordingly.

This Assembly being informed by a letter from Thomas
Gushing, Esq^ of Boston, to his Honour the Governor, that
in pursuance of an order received from Governor Shirley to
procure pilots for our transports in the present exj)edition
against Ca])e Breton, that in order thereto he, the said Thomas
Cusliing, Esq I", did advance the sum of thirty-two pounds ten
shillings in old tenour bills of credit, desiring the same may
be remitted to him : Resolved by this Assembly, that Nathan-
iel Stanly, Esq'", be directed, and he is hereby directed, to
draw out of the publick treasury of this Colony the sum of
thirty-two pounds ten shillings in old tenour bills of credit,
and tlie treasurer is hereby ordered to deliver the same to the
said Nathaniel Stanly, Esq"", who is hereby directed to im-
prove the first opportunity to transmit the same to the said
Thomas Gushing, Esqi", taking his receipt for the same.

This Assembly do establish and confirm Mr. John Williams
to be Gaptain of the south company or trainband in the town
of Siiaron, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Dun-
ham to be Lieutenant of the south company or trainband in
the town of Sharon, and order that he be commissioned ac-
cordingly.

[302] This Assembly do establish and confirm Mr. Garret
Winegar to be Ensign of the south company or trainband in
the town of Sharon, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Jeremiah Good-
rich to be Gaptain of the 8th company or trainband in the 6th
regiment in this Golony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Savage to
be Lieutenant of the 8tli company or trainband in the 6tli
regiment in this Golony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Benoni Hale
to be Ensign of the 8th company or trainband in the 6th regi-
ment in this Golony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Timothy
Gleaveland to be Gaptain of the 2d company or trainband in
the town of Canterbury, and order that he be commissioned
accordingly.
17

130 PUBLIC RECORDS [May,

This Assembly do establish and confirm Mr. Isaac Hide to
be Ensign of the 2d company or trainband in the town of
Canterbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. James Ward,
jun^, to be Captain of the second company or trainband in the
6th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establisli and confirm Mr. Return Meiggs
to be Lieutenant of the second company or trainband in the
6tli regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. John Kent to
be Ensign of the second company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Hr. David Grant
to be Ensign of the company or trainband at the parish of
Wintonbury, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Samuel Stiles
to be Lieutenant of the 2d company or trainband in the town
of Windsor, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. George Hub-
bard, jun^ to be Lieutenant of the 17th company or trainband
in the 6th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Ebetiezer Clark
to be Ensign of the 17th company or trainband in the 6th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

Whereas James Dunlop, of Stratford in the county of Fair-
field, brought his petition to this Assembly at their sessions
in May, 1740, against Ebenezer Beach, administrator on the
estate of Mary Smith, alias Dunlop, and Benjamin Cogshall
and Elizabeth his wife, Samuel Jones and Hannah his wife,
all of said Stratford, complaining that his father, Mr. Archi-
bald Dunlop, late of said Stratford, deceased, dyed seized of a
considerable estate, which came into the hands of the said
Mary, who was administratrix on the estate of tlie said Arclii-
bald, and that there was never any distribution or settlement
made thereof, and that at her, the said Mary's, decease there
was remaining a considerable part of said estate, some of
which had gotten into the hands of the said Elizabeth and
Hannah, sisters to him, the said James, and that he had not

1745.] OF CONNECTICUT. 13l

his share thereof; praying said Assembly to grant him relief
according to equity, &c.; which petition of the said James, by
continuance, came to the said General Assembly at their ses-
sions in October, A. D. 1741, when and where the said Gen-
eral Assembly, upon the report of a committee who had a full
hearing of said parties on tlie said case, did by their act declare
that tlie said Elizabeth and Hannah had received and tal-cen
the benefit of one half of the estate of the said Archibald,
and that the other half of his estate lay in a certain tract of
land lying in said Stratford at a place called the White Hills,
containing by estimation one hundred and thirty-one acres,
bounded south and west on higluyays, east on Stratford river,
and north on land formerly belonging to Samuel and John
Walker, and that the said James Dunlop ought to have the
said tract as his part and portion of his said father, the said
Archibald Dunlop's, estate : whereupon it was resolved by
[303] said Assembly, at their sessions in October, 1741, ||
aforesaid, and by them ordered and decreed, that the said
James Dunlop should have and hold the said one hundred and
thirty-one acres of land at the White Hills aforesaid, to him,
his heirs and assigns, as his share of his father's estate as
aforesaid : And whereas the said Benjamin Cogshall and Eliz-
abeth his wife, and Samuel Jones and Hannah his wife,
brought their petition against the said James Dunlop to this
Assembly at their sessions in October last, therein setting
forth more largely the circumstances of the estate of the said
Archibald Dunlop, and shewing that by the decree aforesaid
great injustice was likely to be done to the said Elizabetii and
Hannah, and praying.said Assemlily to set aside and make
void the said act and decree, and enquire into the whole cir-
cumstances of said case on which said act and decree was
made, and determine thereon in equity : whereupon it was
resolved by this Assembly, at their sessions in October last,
that Jonathan Hoit, Esq"", of Standford, John Hubbard, Esq"",
and Samuel Mix, both of New Haven, should be a committee,
with full power and authority to appoint time and place, notify
the parties, and them to examine under oath, and all other
evidences by the said parties produced, and to enquire into
the whole case and all matters and circumstances relating
thereto, and to make return of what they should find in the
premises, and to report their opinion to this Assembly at their
present sessions, on the wiiole case : And whereas the said
committee, pursuant to the order, direction and resolve of
this Assembly in October last, as aforesaid, have proceeded
and now laid before this Assembly their report and opinion
of the said case and the several essential matters and circum-

132 PUBLIC RECORDS [May,

stances relating thereto npon the evidences by the parties
produced to them, and among otlier things liave given their
opinion that the said land at the White Hills ought to be
divided to the said James Dunlop and Elizabeth Cogshall and
Hannali Jones, in manner following, (^viz:} Twenty-five acres
of said land at tlie White Hills to the said James, and also
one equal half of the remainder of said land to him, the said
James, and the other half of the said remainder to the said
Elizabeth and Hannah ; and the report of said committee
being now read to this Assembly, and this Assembly having
lieard the evidences with the pleas and allegations of the par-
ties thereon, and duly considered tlie same, have thereupon
accepted the report of the said Jonathan Hoit, John Hub-
bard and Samuel Mix, and do thereupon order, enact and
decree, that the order and decree of this Assembly held in
October, A. D. 1741, made between the parties aforesaid, on
the controversy aforesaid, be set aside and made void, and the
same and every part thereof is hereby set aside and declared
null and void : And thereupon, this Assembly do now further
enact, order and decree, that the aforesaid one hundred and
thirty-one acres of land, lying at the White Hills, be divided,
(^viz :) twenty-five acres thereof to the said James Dunlop,
and also one equal half of the remainder of the said land to
him, said James, and the other half of said remainder of the
land to the said Elizabeth and Hannah, and to their lieirsand
assigns forever ; anything in the former order and decree of
this Assembly notwithstanding. And this Assembly do here-
by appoint Capt. John Fowler, Mr. Robert Treat and Mr. Na-
thaniel Farrand, all of Milford, a committee to divide the
aforesaid lands, by proper meets and bounds, to the said
James, Elizabeth and Hannah, according to the true intent
and meaning of this order and decree ; and make return of
their doings thereon to the Secretary of this Colony, who is
hereby ordered to record the same in the publick records of
this Assembly, which shall be a legal evidence to the parties
aforesaid, for their holding of the said lands in the propor-
tion aforesaid.

An Act in Addition to, and Emendation of, an Act entitviled An Act in
Addition to and for Explaining- of the Law referring' to Idiots.

Whereas in said act it is provided that such relations, re-
spectively, shall relieve such poor persons in such manner as
the county court in that county where such sufficient persons
dwell shall assess, and it so happens that such sufficient per-
sons dwell in several counties, by means whereof difficulties
arise : Which to remedy,

Be it enacted hy the Qovernor, Council and Representatives,

1745.] OF CONNECTICUT. 133

in General Court assembled, and by the authority of the same,
That the county court in that county where such poor and
impotent person dwells shall have power to assess such suffi-
[304] cient relations, || respectively, whether they live in the
same or any other county, in such manner as said court shall
judge just, for the relief of such poor persons ; and the said
courts are hereby fully authorized and impowered to do the
same and grant execution thereon accordingly ; any law,
usage or custom to the contrary in any wise notwitlistanding.

The Additions to the Lists of Estate of the several Towns in this Govern-
ment hereafter mentioned, sent in to this Assembly, are as follo-w,

(viz:) _

Single Additions. Fourfold Assessments.
£ s. d. £ s. d.

- 432 10 0
172 0 0

144 4 0

808 8 0

- 410 14 0

To New Haven,

1416

To Svmsbury,

304

To Stratford,

500

To Brandford,

206

To Say brook,

625

To Lebanon,

526

To Norwich,

701

To Hebron,

201

To Haddam,

407

To Canterbury,

2265

To Durham,

To Preston,

364

To Guilford,

415

To Groton,

255

To East Haddam,

450

To Plainfield,

To Mansfield,

282

To Milford,

484

To Windham,

1364

To Norwalk,

1230

To Derby,

349

To Stoningtown,

293

To Greenwich,

1164

To Pomfrett,

264

To Coventry,

524

To Lyme,

2036

To Killingley,

197

To Woodberry,

731

To Windsor,

1000

To Farmingtown,

300

To New London,

To Hartford,

518

To Weathersfield,

2245

6 0

246

8 0

781

6 0

0 0

151

16 0

1342

4 0

0 0

216 1 0

3802 0 0

91 4 0

24 0 0

435 16 0
2100 1 4

134 PUBLIC RECORDS [May,

To Midletown, 601 16 0 - - 73 12 0

To Standford, 792 18 li - - 366 16 0

Upon tlie representation of Colonel John Whiting, Treas-
urer, shewing to this Assembly tliat he obtained a judgment
against Zebulon Mygatt, of Hartford, for a surrendery of
twenty-two acres of land in said Hartford, which was mort-
gaged for fifty pounds of the first emission of loan money,
and praying the direction of this Assembly how to dispose of
said land : Resolved by this Assembly, that the said Treasurer
be directed, and he is hereby directed, to make sale of the
said twenty-two acres of land to the highest bidder ; and
Nath' Stanly, Esq"", and the Secretary of this Colony are di-
I'ected and impowered under the seal of this Colony to con-
vey said land to the purchaser or purchasers ; and the money
received by the Treasurer on the sale of said laudato remain
in his hands for the use of this Colony.

Upon the memorial of James Royce and William Johnson,
a committee for the second society in Mansfield, representing
that the said society agreed to build a new meeting-house of
forty-eight feet in length and thirty-three feet in breadth, and
[305] had the place || for the same set and fixed by this As-
sembly, and that the said society do not proceed to build a
meeting-house upon the place fixed for the same, to the dis-
couragement of divine worship in said society; praying relief
from this Assembly : and it appearing to this Assembly that
the said society do not proceed to build a meeting-house upon
the place fixed as aforesaid : Whereupon this Assembly do
enact, decree and order, that an assessment and tax of three
shillings upon the pound upon the polls and rateable estate in
said society (and tliat the same) be forthwith levyed and paid
in, to tbe publick Treasurer of this Colony, to be reimbursed
for the setting up and building said meeting-house ; and that
the said house he built forty-eight feet in length and thirty-
three feet in breadth ; and Mr. Enoch Pierce, constable in said
Mansfield, is hereby appointed and ordered to collect said
rate ; and this Assembly do appoint and authorize Colo. Jon-
athan Trumble and Ebenezer West, Esq", both of Lebanon,
to set up, build and finish a meeting-house of the dimensions
aforesaid, on the place affixed as aforesaid, and for that pur-
pose the said committee are hereby impowered and ordered to
take and receive of the Treasurer the money levyed as afore-
said.

Upon the petition of Joseph Roath, of Norwich in the
county of New London, against Daniel Leffingwell and Sam-
uel Lefifingwell, both of said Norwich, setting forth that the

1745.] OF CONNECTICUT. 135

said Leffingwells brought their action against the petitioner,
for the surrendry of about eighteen acres of land in said
Norwich, as per their writ dated the third day of February,
174f , and that tlie same action came to the superior court held
at New London in September, 1744, at which court judgment
was rendered against the petitioner, and by mistake the case
was not removed for a review, wlien by law there was liberty
for the same ; praying for a rehearing in said case : Tliis As-
sembly grants unto the petitioner another tryal in said case
at the superior court to be held at New London on the 4th
Tuesday of September next, and that the future cost follow
said tryal ; and the said judgment of the superior court is
hereby suspended.

On the memorial of the proprietors of New Fairfield, shew-
ing to this Assembly that the northern extension of the town-
ship of said New Fairfield, and also tlie eastern extension of
said township of New Fairfield, after it get northward of the
township of New^ Milford, is not fixed and ascertained; pray-
ing that the same may be fixed and ascertained :

Resolved by this Assembly^ That a line drawn from the inter-
section of the west line of the township of New Milford with
the nortliern line of the townsliip of Danbury, straight to and
passing through a white oak tree with stones laid to it, now
settled and agreed on to be the northwest bounds of the town-
ship of said New Milford, fourteen miles from said Danbury
township, at the end or termination of said fourteen miles a
monument shall be made, which said monument shall be and
remain the northeast corner of the townsliip of said New
Fairfield, and tlie line drawn from the aforesaid white oak tree
to the monument to be erected as aforesaid shall forever here-
after determine the eastern extension of tlie township of said
New Fairfield, northward of said New Milford ; and a line
drawn at rigiit angles with the line from said white oak tree
to the monument to be erected as aforesaid, straight to the
Colony line, shall hereafter determine the northern extension
of said New Fairfield; and Edmund Lewiss, Esq"", county sur-
veyour in the county of Fairfield, be appointed, at the cost of
the memorialists, to run the line aforesaid and to make the mon-
ument aforesaid, and to make return of his doings to this
Assembly in October or May next.

Upon the memorial of Mathew Millard and Elizabeth Har-
riss, administrators on the estate of Thomas Harriss, late of
Cornwall in the district of Litchfield, deceased, shewing to
this Assembly that the debts due from said estate amount to
the sum of <£204 os. Wd. and the personal estate amojiints to

136 PUBLIC RECORDS [May,

the sum of X81 15s. dd. exclusive of the widow's necessa-
ries, so that the debts surmount the personal estate the sum of
,£122 7s. Sd. and tliereupon praying that they may have liber-
ty to make sale of so much of the real estate of the said
deceased as to pay the said sum of £122 7s. Sd. : Resolved by
tliis Assembly , that the said Mathew Millard and Elizabeth Harris
have power to sell so much of the real estate of the said
Thomas Harriss, deceased, as to pay the said sum of X122
7s. Sd. with the necessary charges thereon arising ; tailing the
advice of the court of probate in the district whereto tlicy
belong.

[306] Upon the memorial of the inhabitants of Sharon,
])raying for a tax of four pence upon the acre upon all those
lands that were laid out to the proprietors before October
last, for defraying the ministerial charges and building a meet-
ing-house, for reasons offered in the memorial, as by the same
on file appears: Resolved by this Assembly, that a tax of
four pence upon the acre of all the lands laid out in said
Sharon before October last to the proprietors of said township,
and that the same be annually levied for the term of four
years, reckoning from the first day of October last, for the
buildhig a meeting-house and defraying the ministerial charges ;
and that the collector of the town rates in said town, for the
time being, shall collect this tax.

Upon the memorial of Jonathan Westover, of Symsbury,
representing that he hath mortgaged almost all his estate to
this government, that an action is now depending on said mort-
gage, to have its final tryal at the superior court in Septem-
ber next, that said estate mortgaged is worth XIOOO Os. Od.
and the sum for which said mortgage was given, with the
interest, is but £310, of which he can pay £200 Os. Od. in
tln-ee months, and that for not being able to advance the resi-
due before said superior court he is lyable to lose his estate,
&c. ; and praying relief, as per his memorial on file: Resolved
by this Assembly, that, in case the memorialist shall pay two
hundred pounds, parcel of the sum for which said mortgage
was given, on or before the first day of September next, and
shall also pay and satisfy all cost and charge on prosecution
of said action arisen, and shall also give bond with sufficient
surety (on interest) to the Governor and Company of this
Colony, for the residue due on said mortgage, payable within
one year from the rising of this Assembly, then and in such
case a release of his said lands, mortgaged as abovesaid, shall
be executed to him by the committee heretofore appointed and
impowered to execute releases on payment of mortgages, &c,

1745.] OP CONNECTICUT. 137

on the memoralist's procuring said committee to be duly cer-
tified of the premises.

Upon the memorial of Jedadiah Dudley, of Saybrook, shew-
ing to this Assembly that wliereas Joseph Stannard, of said
Saybrook, did, when he was on board the sloop Defence, felon-
iously take from on board the said sloop Defence one pistol
and sundry other things, and that he, the said Dudley, did ob-
tain a writ of our lord the King against said Stannard, and he,
the said Stannard, was brought to justice and punished ; and
that he, the said Dudley, was at considerable cost to prose-
cute said affair, to the amount of £9 16s. Od.; and praying
to' this Assembly that he may draw the said sum of <£9 16s. Qd.
old tenour, out of the publick treasury of tliis Colony: Resolv-
ed by this Assembly, that whereas there is four pounds of the
said sum already secured in the hands of Colo. Samuel Lynde,
that the same be delivered to tlie memorialist, and that the
remainder, (^viz.') five pounds sixteen shillings, be paid to him
out of the publick treasury; and the Treasurer is hereby
ordered to pay the same.

Upon the memorial of Jolin Baker and others, inhabitants
of the parish of Roxbury in Woodberry in the county of Fair-
field, representing that the committee appointed by this
Assembly in May, 1744, (^viz.} Colo. Benjamin Hall, John
Southmaid and Samuel Hickcox, to affix the place for a
meeting-house in said parish, did affix said place out of the
center and to the disadvantage of the inliabitants in general,
&c., and praying that the same committee might be again ap-
pointed to view, &c. and that their report might not be ac-
cepted, &G. : Resolved by this Assembly, that the same
committee be and are hereby again appointed to review and
reconsider the circumstances of said parish, and to appoint
and affix the place for said meeting house, first notifying all
parties concerned, and to make report to this Assembly in
October next, at the charge of the memorialists.

Upon the memorial of Nathaniel Green and others, inhab-
itants of the town of Cornwall, praying for a tax upon the
land of said township, to defray ministerial charges and for the
building a meeting-house in said town: This Assembly grants
and orders a tax of four pence, money of the old tenour, per
acre pe?' mmvm, upon three hundred acres of each right in
said township, laid out or agreed to be laid out on said rights ;
and that the same begin on the first day of July next, and con-
tinue for the space of two years then next afterwards, and to
be collected by Mr. Mathew Millard, of said Cornwall, and
improved for the purposes aforesaid.
18

138 PUBLIC RECORDS [May,

[307] Upon the memorial of Samuel Harrington, John
Baldwin, Paul Tyler, Peter Tyler and others, inhabitants of
the north part of Brand ford, praying that a certain re])ort of
Messrs. John Hubbard, Jonathan Allen and John Hitchcock,
of New Haven, dated October loth, 1744, and to this Assem-
bly in October last exhibited, may now be reconsidered, ac-
cepted and allowed, &c., as per said memorial, dated May 2d,
1745: Resolved by this Assembly, that the said report be
accepted, and that all the inhabitants within the limits in said
report mentioned shall be and become a distinct ecclesiastical
society, with full power to form themselves into and imliody
in church estate, and with all other powers and privileges
which other parishes within this Colony have, and that the
bounds and limits of said parish shall be as follows, as in said
report is set forth, (viz:') Bounding north on Wallingford
bounds, west on New Haven, south by the north side of Heze-
kiah Rogers's land to the road, and tben by Jacob Carter's
south line so far as that goes, from thence by the ridge of the
hill to the Gulf Brook, so called, then up the brook to the brow
of the hill on the south side of said brook, thence on the brow
of an hill to an highway, thence southwardly by said highway
to the head of the widow Hoadly's farm, and tiience eastwardly
to Guilford line, and so running with Guilford line to Wall-
ingford line.

Upon the memorial of Josiah Buck, of Weathersfield, admin-
istrator on the estate of David Buck, late of Weathersfield,
deceased, shewing that the debts due from said estate sur-
mount the moveable estate of said deceased the sum of ,£109
7s. Aid. old currency, and praying for liberty to sell so much
of the real estate of said deceased as will be necessary to
answer the said sum with the necessary charges arising there-
on: Resolved by this Assembly, that Colonel John Chester,
of Weathersfield, have liberty to sell so much of the real estate
of the said deceased as will be necessary to pay the said sum
of £109 7&. 4(i. old currency, with the necessary charges
arising thereon, taking the direction of tbe court of probate in
the district of Hartford therein; and the said Colo. John
Chester is hereby appointed and substituted to make sale of
said real estate for the purpose aforesaid, and to give proper
deed or deeds thereof accordingly.

Upon the memorial of Joseph Phelps, Esq"", agent for the
inhal)itants of the town of Hebron, shewing to this Assembly
the great difficulties they labour under for want of a conve-
nient house to meet in for divine worship, and tbat they are
unable to agree among themselves upon any proper expe-

1745.] OP CONNECTICUT. 139

dieiits ill the case; and praying for a committee to repair to
said town, with instructions to view, &c., as in the said memo-
rial on file : Resolved by this Assembly, that Colo. Benjamin
Hall, Maj. Elihu Chaunccy and Capt. Jedadiah Chapman, be a
committee to repair to the town of Hebron aforesaid and view
the circumstances of said town, having first given proper notice
unto the people therein, and on such their view to determine
whether it may not be best to divide the said town into two
societies; and if they should judge it best to divide, then to
draw a line of partition and proceed to affix a place for a
meeting-house in each society, or otherwise to appoint and
fix a place for the building a meeting-house for the whole town,
in case they judge a new one necessary, if not, to advise and
direct in what manner the old house should be enlarged and
repaired; and make report of their doings in the premises to
the General Assembly to be holden at New Haven in October
next.

Upon the memorial of Esther Seabury, of New London in
the county of New London, administratrix on the estate of
John Seaberry,late of said New London, deceased and intestate,
shewing to this Assembly that said estate is insolvent, pray-
ing that this Assembly would grant liberty to sell the real
estate of the said deceased for the payment of the debts due
therefrom, as far as it shall extend, proportionably, and to
make and execute a deed or deeds of conveyance of the same
according to law, saving to the widow what is saved and
reserved according to law : Whereupon this Assembly grants
liberty to and authorizes the said Esther Seaberry and Colo.
Christopher Avery of Groton, to sell the real estate of the said
John Seabury, deceased, and to make and execute a proper
deed or deeds of sale of the same according to law, excepting
to the widow what by law is excepted and reserved ; taking
the direction of the court of probates in the district of New
London in the sale thereof.

[308] Upon the memorial of Samuel Barnes and Abraham
Barnes, both of the first society in Waterbury, praying that
they, their lands and estate, may be annexed unto the society
of Westbury: Resolved by this Assembly, that the said Sam-
uel Barns and Abraham Barns, their lands and their estates,
be annexed unto the said society of Westbury, and they, the
said Samuel Barns and Abraham Barns, be allowed to enjoy
all the privileges of the inhabitants of said society of Westbury
accordingly.

Upon the memorial of Joshua Lazell and Joseph Puller,
both of Kent in the county of Hartford, representing to this

140 PUBLIC RECORDS [May,

Assembly that one Isaac Vernerniim, of Alobeck in Dutchess
county and Province of New York, purchased of one Stephen
John Indian, of Squampamack in the county of Albany in the
Province aforesaid, a certain tract of land within this Colony,
containing about two thousand acres, bounded as set forth in
a deed of the same land made and executed by the said Stephen
John Indian to the said Isaac Vernernum, dated the 8tli day
of October, 1743, which interest so purchased came down by
mean conveyances to the memorialists; praying this Assembly
to confirm unto tlie memorialists tlie said land, or so much
thereof as should be a meet recompence for the said purchase:
Resolved by this Assembly, that Colonel William Preston
and Capt. Thomas Knowles, both of Woodberry, be, and they
are hereby appointed, a committee, at the cost of the govern-
ment, to view the said lands under the present circvimstances
thereof, measure the same and make an estimate thereof, and
report their doings thereon to this Assembly in October
next, in order that a recompence for said purchase may be
made.

Upon the memorial of the inhabitants of New Cambridge,
shewing to this Assembly that more than two-thirds of said
inhabitants, in their meeting on the 17th instant, voted to build
a meeting-house with all convenient speed ; praying this
Assembly to appoint a committee to fix a place for building
the same: Resolved by this Assembly, that Capt. Giles Hall,
Maj^ Jabez Hamlin and Capt. Thomas Johnson, be a com-
mittee, and they are hereby appointed a committee for the
purpose aforesaid, and are directed to repair to the parish of
New Cambridge, giving seasonable notice to all persons con-
cerned, view the circumstances of said parish, and affix a
place for the building a meeting-house, and make report of
their doings to this Assembly in their sessions in October
next.

Upon the memorial of the inhabitants of Salisbury, by their
agent Samuel Bellows, 'representing that this Asseml)ly at
their sessions in October, A. D. 1743, did grant a tax of six
pounds on each right of land in said Salisbury, for the space
of three years then next, for the building a meeting-house,
&c., and that said rights are now so sold &g. as rendei'S the
collecting said tax very difficult, &c. ; praying this Assembly
to grant a tax of two pence per acre on all the lands that
before said October had been divided or agreed to be divided,
except former grants and publick rights, to be continued, <fec.,
and to be improved as aforesaid: Resolved by this Assembly,
that a tax of two pence old tenour per acre be granted and

1745.] OP CONNECTICUT. 141

assessed on all the lands that before said October liad been
divided, except former grants and publick rights, to be contin-
ued for the space of tiu-ee years annually, to commence from
October aforesaid, to be in lieu of said six pound tax, to be
collected of the owners of such lands by the person that was
appointed to collect the said former tax, and improved for the
purposes aforesaid, and that the said tax of six pounds per right
be void, and that what has been 'paid pursuant thereto be
reckoned and accounted as so much paid on account of this
present tax.

Upon the memorial of William Newport, of New London,
praying that this Assembly would order him the sum of six
pounds fourteen shillings and six pence, old tenour, for his
making Ben-Uncas'scloathes, &c., for which he never had any
satisfaction : Resolved by this Assembly, that the said William
Newport be allowed and paid out of the Colony treasury the
sum of <£6 14s. 6d. old tenour; and the Treasurer of the
Colony is hereby ordered to pay the same.

[309] Upon the memorial of David Marshall, of Windsor
in the county of Hartford, praying that his poll be exempted
from being listed in the publick list, &c. : Resolved by this
Assembly, that the poll of the said David Marshall be ex-
empted from being inlisted in the publick list, and that for the
future it be not liable to be rated or assessed towards the pay-
ing any rates or publick charges whatsoever.

Whereas William Roberts, Peter Hogoboom, James Beebe,
Uriah Stephens, Daniel Lawrence, and Mr. EUslia Webster,
inhabitants of the town of Canaan, shewing to this Assembly
that the proprietors purchasers of said town had settled the
same and fulfilled the terms upon which said Canaan was
granted to them, praying that they may have a patent for the
same under tiie seal of this corporation, to be signed by the
Governor and Secretary of this Colony, and thereupon pro-
duced in this Assembly a patent of said town, according to the
original survey thereof made by Edmund Lewiss, Esq"", John
Buel and William Judd, dated the 28th day of May, A. D.
1745: Whereupon this Assembly do enact and order, that
the said William Roberts, Peter Hogoboom, &c., have the
said patent, produced by them before this Assembly as afore-
said, duly executed under the seal of this corporation, signed
by tlie Governor and Secretary of this Colony, as by them
prayed for.

Upon the motion of Thomas Fitch, Daniel Edwards, Robert
Walker, and the rest of the proprietors purchasers of the
township of Salisbury, shewing they had settled said town and

142 PUBLIC RECORDS [May,

fulfilled the terms on which said Salisbury was granted to
them, and thereupon praying for a patent to them for said
township, and in pursuance of said motion now produced
before tliis Court a draft for a patent, containing the bounds
thereof as surveyed by Messrs. Edmund Lewiss, Stephen
Noble and William Gaylord, which draft bears date the 28t]i day
of May, 1745: Resolved by this Assembly, that the said pro-
prietors have a patent for said township; and it is hereby en-
acted and ordered, that the said draft prepared be executed
by being signed by the Governor and Secretary of this Colony,
and having the seal of the Colony thereto affixed.

Upon the report of the committee appointed to pitch upon
the place for the erecting a meeting4iouse for divine worship
in the parish of Midlefield in the town of Midletown : Resolved
by this Assembly, that the inhabitants of said parish do with
all convenient speed proceed to set up and finish a house for
divine worship in said parish, in the highway running north-
erly and southerly, and by the land of Benjamin Wetmore, on
a small hill northward of a small run of water, where the said
committee have set a stake, the sills of said meeting-house to
enclose said stake.

Upon the memorial of James Mackall, Gideon Hunt and
Abigail Hunt, executors of the last will and testament of
Edward Culver, late of Lebanon, deceased, shewing to this
Assembly that the debts due from the estate of said deceased
surmount the moveable estate the sum of X462 3s. 4fZ. ; pray-
ing to this Assembly for liberty to sell so much of the real
estate of said deceased as will be sufficient to pay the said sum
of X462 3s. 4:d. with the charges arising thereon: Resolved
by this Assembly, that the memorialists have liberty, and
liberty is herel)y granted them, to sell so much of the real
estate of said deceased as will pay and satisfy said sum of X462
3s. 4<i. with the necessary charges thereon arising ; taking the
direction of the court of probate in and for the district of
Windham therein.

Upon the memorial of Thomas Seymour, administrator on
the estate of Capt. Thomas Seymour, late of Hartford in the
county of Hartford, deceased, representing that there is the
sum of £306 18s. Od. in debts due from said estate more
than the moveable estate of said deceased will pay, and pray-
ing for liberty to sell so much of the real estate of said de-
ceased as will pay the same,&c. : Resolved by this Assembly,
that the said Thomas Seymour, administrator, shall have full
power to sell and dispose according to law so much of the
real estate of said deceased as will be sufficient to pay the

1745.] OP CONNECTICUT. 143

said sum of 56306 18.s. Od. money, and all incident charg-es
arising on said sale, taking the advice and direction of the
court of probates of the district of Hartford tlierein.

[310] Resolved hy this Assemhh/, That the commissaries
appointed to make provision for the expedition against Cape
Breton be allowed out of the publick treasury, for their service,
two and a half per cent, and no more, and that the Colony
Treasurer deliver unto the abovesaid commissaries the sum of
three thousand pounds in bills of credit of tlie old tenour,
taking a receipt for the same, whicli sum, or so much thereof
as is necessary, shall be improved to answer the charges of
said expedition ; and that the Treasurer of the Colony deliver
out of the Colony treasury unto Colo. Thomas Wells, Colo.
Hezekiah Huntington and Colo. Gurdon Saltonstall, three of
the commissaries aforesaid, the sum of three hundred and
thirty-eight pounds two shillings and sixpence, in addition
to the three thousand pounds ; and the said commissaries shall
render an account of their doings in relation to the premises,
according to the direction of this Assembly.

Ordered hy this Assembly., That the Treasurer of tliis Colony
pay out of the jmljlick treasury unto Colo. Joseph Minor and
Colo. William Preston, the sum of fourteen pounds money
old tenour, for five days service in viewing certain lands be-
longing to this Colony, by order of the Assembly in October
last.

This Assembly appoints Nathaniel Stanly, William Pitkin,
Joseph Buckingham and John Chester, Esqi^^ or any three
of them, a committee to inspect, examine and adjust the ac-
counts of the several commissaries who were appointed to
make the necessary provision for the expedition to Cape
Breton, &c., as also to enquire into and state an account of
what has been paid to the several general and other officers
commissioned for the said expedition, and to lay the said
accounts, thus adjusted and stated, before this Court in the
present sessions, or in the sessions thereof in October next,
that proper orders and directions may be given respecting
the same.

This Assembly appoints Samuel Messenger Surveyor of
Lands in and for the county of Hartford for the future.

This Assembly do appoint Capt. Samuel Chapman, of Tol-
land, to be Captain of one of the companies of foot ordered
to be raised for the reinforcement of the troops gone from
this Colony on the expedition against Cape Breton.

This Assembly orders, that Ezekiel Ashley appointed to be
one of the lieutenants, and John Parker appointed one of

144 PUBLIC RECORDS [May,

the ensigns, belong to Capt. Adonijah Fitch's company to be
raised for the reinforcement of the troops gone in the present
expedition to Cape Breton ; and that Jabez Barlow, appointed
to be one of the lieutenants, and Ephraini Parrish, appointed
one of the ensigns, belong to Capt. Samuel Chapman's com-
pany to be raised for the purpose aforesaid ; and that their
commissions be given accordingly.

Whereas this Assembly in the present sessions have resolved
to raise two companies of volunteers, each consisting of one
hundred men exclusive of commission officers, for recruits to
reinforce the troops in the expedition to Cape Breton, and
have nominated the officers for the said two companies, to be
commissioned for that purpose : It is further resolved, that
Ebenezer Silliman, Esq"", and Major Jabez Hamlin be ap-
pointed, and they are hereby appointed, to make provision for
the said two companies for two months after their embarkation,
excepting for their transportion, as has been made for the
troops already gone in the said expedition. And that the said
companies may be forthwith raised, his Honour the Governor is
desired to commission tlie proper officers for the said compa-
nies, and issue proclamations for their encouragement, and to
give the captains warrants enabling them to enlist the same ;
and that if any of the officers nominated to be commissioned
as aforesaid shall fail, his Honour the Governor, by and with
the advice of the Committee of War at Milford, is desired to ap-
point and commission others in their place. And it is further
resolved, that the said companies being raised, shall proceed
to Cape Breton, to join and reinforce the troops there,
[311] and to belong to Colonel Andrew Burr's regiment. And
his Honour the Governor is desired to give orders for the
troops to march to New London, and there embark for that
purpose, when he shall be informed that the transports under
suitable convoy shall be arrived, or near arriving, at New
London. 'Provided nevertheless, that if his Honour the Gov-
ernor shall before or after such enlistment, and before their
embarkation, receive authentick accounts or intelligence, by
which it shall appear not necessary to reinforce the troops
gone in the said expedition, he is desired to give orders to
prevent their proceeding, and that thereupon to disband
them.

Ordered hy this Assemhly, That Ebenezer Silliman and
Jabez Hamlin, Esqf% commissaries appointed to provide pro-
visions and other necessaries for the recruits in the expedition
against Cape Breton and the places adjacent, be, and they are
each of them, hereby impowered to impress for the service of

1745.] OF CONNECTICUT. 145

this Colony any of the things needfnl for said expedition, that
cannot be otherwise procured upon just and reasonable terms.

Resolved hy this Assembly^ That the commissaries for the
recruits to be raised be directed, and they are hereby directed,
to draw out of the pul)lick treasury the sum of two thousand
pounds in bills of credit of the old tenour, or equivalent in the
new, to be by them improved for the furnishing said recruits •
in said expedition ; and the Treasurer is hereby directed to
pay and deliver out the same accordingly ; and the captains
are bereby directed to draw out of the Colony treasury, each
of them, the sum of three hundred pounds in bills of credit
of the old tenour, to pay the premia to the souldiers that
shall inlist for recruits as aforesaid.

Resolved hy this Assembly, That Jeremiah Miller and Gur-
don Saltonstall, Esqi's, or either of them, be a committee,
(upon the return of our troops from the present expedition,)
to receive and take care of all the provisions, warlike stores
and other things, belonging to this Colony, which shall re-
main on board the transports or be in the custody of any of
the souldiers ; and such things as are likely to be spoiled, to
dispose of to the best advantage ; and the said committee shall
be accountable for the things so received, when thereunto
called by this Assembly.

Whereas this Assembly at their sessions in May last ap-
pointed and impowered Capt. Stephen Lee, of New London,
to put in suit against the mortgagers or tenants in possession
in the county of New London the several mortgages to the
Governor and Company which were taken in said county for
the old tenour bills of credit emitted on loan and the time of
payment expired before the year 1744, and the condition to
such mortgages not fulfilled : and whereas the said Capt.
Stephen Lee is since gone on the expedition : This Assembly
do, therefore, appoint and authorize Ebenezer Backus in the
room of the said Capt. Lee, to perform the service said Capt.
Lee was in said act directed to.

Whereas Capt*. Daniel Chapman, captain of one of the com- .
panics in the present expedition, received of Mr. John Holley,
collector of the country rate in the town of Stamford, the sum
of fourteen pounds in bills of credit of the new tenour, in the
service of this Colony, as per his, the said Chapman's, receipt
under his hand in writing, dated in Stamford, April 5tli,
1745 : Resolved by this Assembly, that the Treasurer of this
Colony pay out of the treasury the sum of fourteen pounds
in bills of credit of the new tenour to the said Holley ; and

146 PUBLIC RECORDS [May,

the committee appointed to state the accounts with the officers
in said expedition are hereby directed to receive of the said
Holley said Capt. Chapman's receipt, and place said money
to the said Chapman's account.

Whereas there is in the hands of Thomas Fitch, Esq^ the
sum of fifty pounds old tenour, wliich, through a mistake,
%-as by the committee that divided the bonds taken on the
sale of the western lands set out to the school in Norwalk :
Resolved by this Assembly, that the said Thomas Fitch, Esq"",
deliver the said fifty pounds to the Treasurer of this Colony,
taking his receipt therefor, which receipt shall by him be
lodged with the Secretary of this Colony.

[312] This Assembly grants to the Honourable Jonathan
Law, Esq% Governor, the sum of seventy pounds new tenour,
for his half years salary the current year.

This Assembly grants to the Honourable Jonathan Law,
Esq"", for his extraordinary service for the government since
the sessions of this Asseml)ly in October last, the sum of fif-
teen pounds new tenour bills.

This Assembly grants unto Eliakim Palmer, Esq'", our
Agent at the court of Great Britain, the sum of two hundred
and fifty pounds bills of pulilick credit of the old tenour, for
his salary the current year.

This Assembly do grant to John Whiting, Esqi", Treasurer
of the Colony, for his salary the current year, the sum of fif-
teen pounds new tenour bills.

This Assembly grants to George Wyllys, Esq^, Secretary,
for his salary the current year, the sum of six pounds new
tenour bills.

This Assembly do appoint Nathaniel Stanly, Ozias Pitkin,
William Pitkin, Esq^^ Mr. Joseph Buckingham, Mr. Joseph
Talcott, Colo. John Chester, and Mr. Jonathan Robbins, to be
a committee to hear the acts and orders past at this Assembly
read off, and signed by the Secretary as compleat.

The whole Record of the several Acts, Grants and Orders
of this Assembly, as it stands entered on the pages of this
book next preceding, was read off in the presence of the
al)ove committee, and signed as compleat.

George Wyllys, Secret'y.

1745.] OP CONNECTICUT. 147

[313] Anno Regni Regis G-eorgii secundi decimo-nono.

At a General Assembly holden at New Haven in his Maj-
esty's English Colony op Connecticut in New England in
America, (by special order op his Honour the Governor,)
ON Tuesday the 2d day op July, annoque Domini 1745.

Present :
The Honourable Jonathan Law, Esq"", Governor.

James Wadsworth, William Pitkin, "^

Nathaniel Stanly, Thomas Fitch,

Joseph Whiting, Roger Newton, )>Esq'"% Assistants.

Timothy Pierce, Ebenezer Silliman,

Samuel Lynde, John Bulkley,

Representatives or Deputies that attended at the Asse?nblg are
as follow, (viz:)

Mr. Joseph Buckingham, Mr. Joseph Talcott, for Hartford.

Colo. Gurdon Saltonstall, Capt. Jeremiah Chapman, for New
London.

Maj. Thomas Dyer, Mr. Ebenezer Wales, for Windham.

Mr. William Marsh, Mr. Joseph Parkhirst, for Plainfield.

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry.

Colo. Jonathan Hoit, for Stanford.

Mr. Paul Welch, Mr. Ebenezer Fisk, for New Milford.

Capt. James Beebe, Mr. Thomas Benedict, for Danbury.

Mr. Samuel Fitch, Mr. Joseph Piatt, for Norwalk.

Capt. Nathaniel Foot, Mr. Epaphras Lord, for Colchester.

Capt. Elnathan Stephens, Capt. Isaac Kelsey, for Killingworth.

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown.

Capt. Nathaniel Harrison, Capt. Robert Foot, for Branford.

Colo. Joseph Minor, Colo. William Preston, for Woodberry.

Capt. Samuel Bassett, Mr. Abel Gun, for Darby.

Mr. Noadiah Brainerd, for East Haddam.

Major Elihu Chauncey, Mr. Nathan Camp, for Durham.

Capt. John Hubbard, Mr. John Hitchcock, for New Haven.

Mr. Thaddeus Burr, for Fairfield.

Colo. Hezekiah Huntington, for Norwich.

Mr. Thomas Hart, Capt. Asahel Strong, for Farmingtown.

Mr. John Dixson, Mr. Thomas Kesson, for Volunfcown.

Mr. Robert Walker, Capt. Theophilus Nickols, for Stratford.

Mr. John Humphrey, Capt. James Case, for Symsbury.

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say
brook.

Capt. Joseph Phelps, Mr. William Buel, for Hebron.

Mr. Boaz Stearns, Mr. Jonathan Clough, for Killingly.

148 PUBLIC EECORDS [Juljj

Colo. Benjamin Hall, Mr. Isaac Moss, for Wallingford.

Major Ebenezer Marsh, Mr. Isaac Baldwin, for Litchfield.

Mr. Thomas Mathews, Mr. John Scofield, for Waterbury.

Colo. Samuel Hill, Capt. Timothy Stone, for Guilford.

Colo. John Dyer, Mr. Solomon Tracey, for Canterbury.

Capt. Thomas Storrs, Mr. William Johnson, for Mansfield.

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury.

[314] Capt. John Fowler, Mr. Robert Treat, for Milford.

Mr. Ebenezer West, Capt. James Fitch, for Lebanon.

Mr. Amos Cheesbrough, for Stoningtown.

Mr. Joseph Wells, for Haddam.

Capt. John Mead, for Greenwich.

Mr. William Wittar, Mr. Ebenezer Leonard, for Preston.

Mr. John Griswould, for Lyme.

Mr. Daniel Bissell, for Windsor.

Colo. Christopher Avery, Mr. John Ledyard, for Groton.
Colo. Samuel Hill, Speaker, ^ of the House of Representa-
Capt. Jolin Fowler, Clerk. \ tives.

Resolved hy this Assemble/, That there be three hundred
able-bodied effective men raised in tliis government, exclusive
of commission officers, in addition to what hath been already
raised as recruits, &c., to i-einforce the forces sent on the ex-
pedition against Cape Breton.

Resolved by this Assembly, That a number of volunteers,
not exceeding three companies, consisting of one hundred
able-bodied effective men each, exclusive of commission offi-
cers, be forthwith raised and sent to reinforce the troops
already gone or going in the expedition against Cape Breton,
and be and belong to Colonel Andrew Burr's regiment im-
ployed in said service.

And, for the encouragement of such volunteers to inlist, it is
fu7'ther resolved. That such able-bodied effective men as shall
voluntarily inlist themselves for said service under proper
officers to be forthwith appointed and commissioned for that
purpose, sliall have the same encouragement as was allowed
and given to such as were first raised to go on said expedition.

It is further resolved, That Ebenezer Silliman, Esq"", Major
Jabez Hamlin, Colonel Gurdon Saltonstall, and Capt. John
Hubbard, be appointed, and they are hereby appointed, to
make like provision for the said three companies, for two
months after their embarkation, so far as they shall judge
necessary, as has been made for the troops first raised, and
also provide for their transportation to Cape Breton. And
his Honour the Governor is desired to commissionate such
officers as shall be appointed by this Assembly for the said

1745.] OP CONNECTICUT. 149

three companies, issue proclamations to incourage inlistments,
and proper warrants to the captains to enable them to inlist
the said volunteers: and, in case any officers appointed fail,
his Honour the Governor, with the advice of the Committee
of War at Milford, appoint and commission others in their
places ; that the said companies being raised, his Honour the
Governor is desired to give orders for their proceeding to New
London and embarkation there, and from thence proceed to
joyn the forces at Cape Breton, unless that before such em-
barkation his Honour shall receive authentick accounts or
intelligence by which it shall appear not necessary for the said
forces to proceed, in which case he is desired to give orders
for the disbanding them: provided nevertheless, that as it will
not be safe for the said forces to sail without suitable convoy,
his Honour the Governor is desired to endeavour to procure
some of the vessels of force now in the said service to convoy
them from New London to Cape Breton, and not to give orders
for their proceeding till such convoy can be had.

This Assembly do appoint Capt. Jedadiah Chapman, of Say-
brook, to be Captain of one of the companies now to be raised
to reinforce the troops sent to Cape Breton.

[315] This Assembly do appoint Capt. Samuel Hickcox, of
Waterbury, to be Captain of one of the companies now to be
raised and sent to Cape Breton to reinforce the troops there.

This Assembly do appoint Mr. Josiah Starr, of Danbury, to
be Captain of one of the companies now to be raised and sent
to Cape Breton to reinforce the troops there.

This Assembly do appoint Mr. Phinehas Stanton to be Lieu-
tenant of Captain Jedadiah Chapman's company now to be
raised and sent to Cape Breton to reinforce the troops there.

This Assembly do appoint Mr. Jonathan Clough, of Kil-
lingly, to be Lieutenant of Capt. Samuel Hickcox's company
now to be raised and sent to Cape Breton to reinforce our
troops there.

This Assembly do appoint Mr. Thomas Lattin, of Stratford,
to be Lieutenant of Capt. Josiah Starr's company now to be
raised and sent to Cape Breton to reinforce our troops there.

This Assembly do appoint Mr. Abraham Pinney, of Syms-
bury, to be Ensign of Capt. Jedadiah Chapman's^company
now ordered to be raised and sent to Cape Breton to reinforce
the troops there.

This Assembly do appoint Mr. Thomas Hill, of Guilford, to
be Ensign of Captain Samuel Hickcox's company now ordered
to be raised and sent to Cape Breton to reinforce our troops
there.

150 PUBLIC RECORDS [Julj,

This Assembly do appoint Mr. William King, of Stanford,
to be ensign of Capt. Josiali Starr's company now ordered to
be raised and sent to Cape Breton to reinforce our troops
there.

Resolved hy this Assembly, That Ebenezer Silliman, Jabez
Hamlin, Gurdon Saltonstall, and John Hubbard, Esq's, com-
missaries, be, and they are hereby, impowered and directed
to procure and send to Cape Breton, for the use of the troops
already gone from this government, such sorts and quantities
of ammunition and provisions, as also of live stock, as they
shall judge necessary, on the best information they can get,
for the use and support of the said troops ; and also, from
time to time, make such additional provisions and other neces-
saries as they may be advised, either from the major general,
colonel, or commissary, to be needed for the troops sent or to
be sent from this government ; and also they are further or-
dered and directed to provide such articles of cloathing, and
in such quantity, as they .shall, on the best information they
can obtain, judge to be necessary for the said troops, and send
them to the commissary at Cape Breton, with an invoice
thereof, to be disposed of among the officers and souldiers as
the same may be wanted, who shall have them at the prime
cost with the addition of two and half per centum, in part of
their wages ; and the said commissaries are directed, when
they ship any of the said articles, to order the delivery thereof
to the commissary at Cape Breton for the use abovesaid, giv-
ing him the proper directions respecting the use and disposi-
tion thereof, and to take proper receipts at the shipping
thereof.

And it is further resolved, That the Committee of War at
Hartford, or any three of them, be, and are hereby, impow-
ered to draw orders on the Treasurer of the Colony for the
payment of such sum or sums as they shall from time to time
judge necessary for the commissaries to receive, in order for
their doing the service above assigned them ; and the com-
missaries are to lay their accounts before this Assembly in
October next.

Ordered hy this Assembly, That Messrs. Ebenezer Silliman,
Jabez Hamlin, John Hubbard, and Gurdon Saltonstall, com-
missaries appointed to provide provisions and other necessa-
ries for the recruits now to be raised in the expedition against
Cape Breton and the places adjacent, and also to provide
anew for the forces already gone, be, and they are each of
them, hereby impowered to impress for the service of this
Colony anything that shall be needful for the purposes above-

1745.] OP CONNECTICUT. 151

said that cannot be otherwise procured upon just and reason-
able terms.

Resolved hy this Assembly, That the Committee of War at
Hartford, or any three of them, shall receive, examine and
adjust accounts with Ebenezer Silliman and Jabez Hamlin,
Esqfs, commissaries appointed to provide provisions and other
necessaries for the two companies of recruits already raised
to reinforce the army at Cape Breton, and what they shall
find due to the said commissaries upon such adjustment to
draw an order on the Treasurer for the payment thereof.

[3 1 6] An Act for the making- and emitting Bills of Publick Credit.

Forasmuch as the expences of this government have been
greatly enhanced by our necessary preparations for defence,
<fec., since the war with France and Spain, and especially by
our preparations in carrying on the expedition against his
Majesty's enemies at Cape Breton and parts adjacent:

Be it ejiacted hy the Governor, Council and Itepresentatives,
in General Court assembled, and by the authority of the same,
That there shall be forthwith struck, imprinted and stamped,
a certain number of bills of credit on this Colony, in suitable
sums from one shilling to three pounds, which in the whole
shall amount to tlie sum of twenty thousand pounds new
tenour, and no more ; and shall be stamped on the new plate;
and that Nathaniel Stanly, William Pitkin, Esq^^ Mr. Joseph
Buckingham, Colo. John Chester and Capt. George Wyllys, be
a committee under oath for the faithful management of that
affair, and any three of them to sign the said bills and to
deliver them into the hands of the Treasurer of this Colony,
taking his receipt for the same.

And it is further enacted by the authority aforesaid. That
the Treasurer be and is hereby impowered to issue forth and
pay out the sum of twenty thousand pounds towards the pay-
ment of the Colony debts, according to such orders as shall
be given him from time to time according to law. And, as a
fund and security for the repayment and drawing of the said
bills into the treasury again, this Assembly grants a tax or
rate of twenty thousand pounds new tenour, to be levyed on
polls and all other rateable estate of this Colony, and to be
paid into the treasury at equal payments, the first to be made
in May, 1756, and the last in May, 1759, which said rate shall
be paid in bills of credit on this Colony of the new tenour, or
in silver money at the rate of eight shillings per ounce troy
weight sterling alloy, or in gold equivalent ; and the Treas-
urer of this Colony for the time being shall take notice thereof,
and without further order from this Assembly shall issue his
warrant for collectino; said tax.

152 PUBLIC RECORDS [Julj,

Whereas there are a number of French prisoners lately
taken by our forces at Cape Breton, and by order of the lieu-
tenant-general brought into this Colony, and are now in tht
town of New Haven, under the care of Samuel Miles, captain
of one of our transports ; and tiiere being no provision made
in this Colony for the supporting, ordering and disposing of
sucli persons :

Resolved hy this Assembly^ That the said Samuel Miles be
directed, and he is hereby directed, to commit all the said
prisoners into the care of Joseph Whiting, Esq>", of said New
Haven, wlio is hereby impowered to order such of said pris-
oners to go out into service in this Colony, (as shall be desir-
ous to be put to labour,) in such places and to such persons as
he shall think proper : always provided, that in case he find
any of said prisoners unwilling or unable, and not fit to go
into service, he may commit such of them to the keeper of
the common goal in New Haven aforesaid, who is hereby or-
dered and directed to receive and keep such prisoners in said
goal at tlie cost and charge of this government, till they shall
be delivered by order of his Honour the Governour.

And it is further provided, That in case any of said pris-
oners, by order of said Wiiiting, sliall go out into service, the
person appearing to take any of them shall become bound in
a bond to the Governor and Company of this Colony, in such
sura as the said Whiting shall think proper, conditioned that
during the time of such prisoner's being in his service he will
save tlie government from all cost and charge in maintaining
such prisoner, and the prisoner or prisoners by him so taken
shall be forthcoming to be exchanged or otherwise disposed
according to such order as he shall receive for that purpose
from his Honour the Governor of this Colony, unless such
prisoner or prisoners shall make his or their escape, in which
case such person shall forthwith inform the Governor thereof ;
and the government to be at no cost or charge for taking
bond, <fec., as aforesaid.

[;317] And whereas it may so happen that hereafter
French and Spanish prisoners may be brought into this
Colony from Cape Breton and other places, and that they
may be secured and properly disposed of:

Be it enacted by the Crovernor, Council and Representatives,
in General Court assembled, and by the authority of the same.
That when and so often as any Fj'encli or Spanish prisoners
shall be brought into any port or liarbour in this Colony, the
master of the shij) or vessel in which such prisoners shall be
brought shall forthwith inform the Governor of this Colony,

1745.] OF CONNECTICUT. 153

for the time being, thereof; and his Honour the Governor is
hereby desired and fully impowered to make such orders as
he shall think proper, either for confining such prisoners in
goal or ordering them out into service in this Colony, as
above provided.

Whereas this Assembly, at their sessions in October last,
ordered the sum of two hundred pounds to be drawn out of
the publick treasury and put into the hands of Capt. John
Hubbard and Samuel Mix, for repairing the president's house;
and it being represented that the said sum is not sufficient for
effecting the business aforesaid : Resolved by this Assembly,
that the sum of one hundred pounds old tenour, in addition to
the aforesaid sum, be drawn out of the treasury and put into
the hands of said committee, to be improved as aforesaid ;
and the committee shall lay their accounts before this Assem-
bly at their sessions in October next.

Whereas this Assemlily, in May last, appointed Messrs.
Benjamin Hall, Elihu Chauncey and Jedadiah Chapman, a
committee for viewing the town of Hebron, in order to its
being divided into two societies or having a place affixed for
the building a meeting-house for the whole, &c., and the said
Jedadiah Chapman being now appointed a captain to go into
the expedition against Cape Breton : This Assembly do now
appoint Mr. Hezekiah Brainerd, of Haddam, to be one of the
committee aforesaid, in the room of the said Jedadiah Chap-
man.

Whereas at an Assembly held in Hartford, May the 9th,
1745, Colo. Benjamin Hall, Mr. John Southmaid and Capt.
Samuel Hickcox were appointed a committee to repair to the
parish of Roxberry in Woodberry and review the circum-
stances of said parish and hear the pleas that may be offered
with respect to stating a place for the building a meeting-
house on, and to fix a place for said society to build a meet-
ing-house in, and make report to the Assembly in October
next, and said Capt. Samuel Hickcox being appointed captain
of one of the companies to be raised to reinforce our troops
at Cape Breton : This Assembly do appoint Mr. Thomas
Mathews, of Waterbury, in the room of said Samuel Hickcox,
to be joyned with said Benjamin Hall and John Southmaid
for the purposes aforesaid.

The whole Record of the Acts of this Assembly, as it
stands here entered, was read off in the presence of the As-
sembly and signed as compleat.

George Wyllys, Secret'y.

154 PUBLIC RECORDS [AugUSt,

[318] Anno Regni Regis Greorgii secundi decimo-nono.

At a General Assembly holden at New Haven in his
Majesty's English Colony of Connecticut in New Eng-
land IN America, (by special order op his Honour the
Governor,) on Friday the 16th day of August, an-
noque Domini 1745.

Present :
The Honourable Jonathan Law, Esquire, Governor.
Tlie Hont'ie Roger Wolcoti, Esqr, Deputy Governor.

James Wadsworth, Esq^, William Pitkin, Esq"", ^

Nathaniel Stanly, Esq'', Thomas Fitch, Esq"", | . .

Joseph Whiting, Esq>", Roger Newton, Esq"*, ^^ , f ~

Timothy Pierce, Esq"", Ebenezer Silliman,Esq'',

Samuel Lynde, Esq"", ^

Representatives or Deputies that attended the Assembly are as
foUoto, (viz :)

Mr. Joseph Talcott, for Hartford.

Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman, for New
London.

Major Thomas Dyer, Mr. Ebenezer Wales, for Windham.

Mr. William Marsh, Mr. Joseph Parkliirst, for Plainfield.

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry.

Colo. Jonathan Hoit, for Standford.

Capt. James Case, for Symsbury.

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey for Say-
brook.

Mr. Timothy Keeler, Mr. Joseph Halley, for Ridgfield.

Capt. Nathaniel Foot, Mr. Epaphras Lord, for Colchester.

Capt. Blnathan Stevens, Capt. Isaac Kelsey, for Killingsworth.

Major Jabez Hamlin, Mr. Setli" Wetmore, for Midletown.

Major Ebenezer Marsh, for Litchfield.

Mr. Thomas Mathews, Mr. John Scofield, for Waterbury.

Capt. John Fowler, Mr. Robert Treat, for Milford.

Capt. John Hubbard, Mr. John Hitchcock, for New Haven.

Capt. Samuel Burr, for Fairfield.

Colo. Hez'i Huntington, for Norwich.

Mr. Thomas Hart, Capt. Asahel Strong, for Farmingtown.

Mr. John Dixson, for Voluntown.

Mr. Paul Welch, Mr. Ebenezer Fisk, for New Milford.

Capt. James Bebee, Mr. Thomas Benedict, for Danbury.

Mr. Joseph Piatt, for Norwalk.

Capt. Joseph Phelps, Mr. William Buel, for Hebron.

Mr. Boaz Stearns, Mr. John Clough, for Killingly.

Colo. Benjamin Hall, Mr. Isaac Moss, for Wallingfbrd.

1745.] OF CONNECTICUT. 155

Colo. Samuel Hill, Capt. Timothy Stone, for Guilford.
Capt. Nathaniel Harrison, Capt. Robert Foot, for Branford.
Colo. Joseph Minor, Colo. William Preston, for Woodbury.
Capt. Saml Bassett, Mr. Abel Gun, for Derby.
[319] Colo. John Dyer, Mr. Solomon Tracy, for Canterbury.
Capt. Thomas Storrs, Mr. William Johnson, for Mansfield.
Mr. Robert Knowlton, Mr. William Watkins, for Ashford.
Mr. Jonathan Robbins, for Weathersfield.
Mr. John Griswould, for Lyme.
Mr. Joseph W-ells, for Haddam.

Capt. Ebenezer Mead, Capt. John Mead, for Greenwich.
Mr. Noadiah Brainerd, for East Haddam.
Major Elihu Chauncey, Mr. Nathan Camp, for Durham.
Mr. William Wittar, for Preston.
Mr. Ebenezer West, Capt. James Fitch, for Lebanon.
Capt. Roger Wolcott, Mr. Daniel Bissell, for Windsor.
Colo. Christopher Avery, for Groton.
Capt. Theophilus Nickols, for Stratford.
Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury.
Colo. Samuel Hill, Speaker, ) of the House of Repre-
Capt. John Fowler, Clerk, j sentatives.

Whereas, since the reduction of the important town and
fortresses of Louisbourg to his Majesties obedience, this
Assembly hath received advice from the Honourable Lieu-
tenant General Pepperrel, Major General Wolcott and Com-
modore Warren, that it is necessary for this Colony, in con-
junction with the neighbouring Provinces, to maintain a num-
ber of troops in said town and fortresses, until his Majesties
pleasure be known :

Resolved by this Assembly, That Major General Wolcott's
regiment, now under the command of Colo. Andrew Burr, to
consist of three hundred and fifty men, including officers,
from this colony, and exclusive of such as are or may be
joyned to them from any of the neighbouring governments,
shall be maintained in the town or fortresses of L juisbourg
until the first day of June next, unless his Majesties pleasure
be known so that they may be sooner drawn of( ; and the
five hundred volunteers that imbarked with the major general
on the setting forth the late expedition (and belonging to
his regiment) shall be forthwith discharged from tlie service,
and transported to this Colony. And iu case Captain Adoni-
jah Fitch and Captaiu Samuel Chapman's companies are not
together full two hundred men, including;;; officers, then the
commanding officer of said regiment shall cause said compa-
nies to be filled up with volunteers, and the officers and
souldiers shall have two months advance wages paid them by

156 PUBLIC RECORDS [Allgust,

the commissary at Louisboiirg, at or before the first day of
October next. And for the encouragement of one hundred
and fifty volunteers, able-bodied and effective men, forthwith
to be raised to compleat said regiment for garrisoning the
town and fortresses of Louisbourg, as aforesaid, the officers
and souldiers enlisting shall be allowed tlie same wages by
the month as those now in the service of this Colony on said
expedition, and shall have two months wages advanced, the
first months wages to be paid at inlisting, and the second
before embarkation, and likewise such volunteers shall be
exempted from arrests and impresses, as the souldiers are
that were heretofore inlisted in said service ; and all such
volunteers that find their own arms shall have reasonable
allowance, upon apprisement, by persons under oath, for all
damage that shall happen to such arms, and if such arms
are lost by inevitable providence they shall be paid for out
of the publick treasury ; and if any person shall inlist as
aforesaid and not provide himself arms, such person siiall
have arms provided for him in the manner those volunteers
heretofore had. And if any arms provided by the govern-
[320] ment shall be lost \\ through the default of the person
to whom they are delivered, such person shall have the value
thereof deducted out of his wages. And the whole regiment
shall be discharged from said service on or before the 1st day
of June next, and be transported again to this Colony.

It is further resolved, That in case all the field officers
choose to be dismissed forthwith, that then a colonel and
lieutenant-colonel of said regiment be appointed by this
Assembly, and that the government of Rhode Island have the
offer of filling up the regiment with a major, provided they
shall continue to maintain not less than one hundred and
fifty men in the regiment: but if only one or two of said
field officers choose to return, in such case his Honour the
Governor is desired and impowered to fill up said vacancies,
as also any other vacancies of commission officers.

Whereas this Assembly hath already concluded to send a
considerable number of men to garrison the town and for-
tresses at Louisbourg ; and whereas there has been a consider-
able donation in provision for the support of men in his
majesty's service at said place l)y several of the western gov-
ernments, whereby it is reasonably supposed that the souldiers
raised in and sent from this government are well entituled to
their proportionabL part thereof:

Be it enacted by the Governor, Council and Representatives,
in General Court assembled, and by the authority of the same.
That his Honour the Governor be desired to write to the

1745.] OF CONNECTICUT. 157

commander in chief in Boston, and inform him that we have
ordered the number of three hundred and fitV able-bodied
effective men, to remain in garrison at Louisbourg ; and also
inform him that it is the expectation of this government that
those troops raised in and sent from this Colony be supported
in garrison out of the provisions raised by the western gov-
ernments for his Majesty's service at Louisbourg, so far as
our proportion of men comes to.

A)id be it further enacted. That the souldiers that shall
garrison at Louisbourg shall be allowed one gill of rum per
diem per man, which shall be accordingly delivered to them,
and there shall be provided a sufficient stock of molasses to
make beer of, as well as for other uses, for the souldiers
there.

And it is further enacted, That Ebenezer Silliman, John
Hubbard, Gurdou Saltonstall and Jabez Hamlin, Esq'^, be
appointed Commissaries to provide the articles abovemen-
tioned for the souldiers ; and they are hereby further directed
to make such other provision for the subsistence of said
souldiers as they from time to time shall be advised by his
Honour the Governor, and also to provide such a stock of
arms and ammunition for the souldiers as they on good ad-
vice shall find necessary, and provide for the transportation
of the men to be sent to Louisbourg. And Doctor Normand
Morison is desired to continue in his office of physician and
chirurgeon for our forces during their stay in garrison at
Louisbourg, and he is directed to take into his care and
keeping the chest of drugs and the doctor's instruments that
are now at Louisbourg.

And it is further enacted, That his Honour the Governor be
desired to give order that the Colony sloop Defence, and the
three transport vessels there in the pay of this Colony, be
ordered forthwith to return to this Colony, and the sloop
Defence to take under her convoy those troops belonging to
this Colony that are ordered to return home.

Resolved by this Assembly, That the Hon^^'e Roger Wolcott,
Esq^, Thomas Fitch, Esq""., Messrs. Ebenezer West, Robert
Treat, Elihu Chauncey, John Hubbard and Jabez Hamlin,
be a committee to draw a representation of what this gov-
ernment has done in the expedition to Cape Breton and in
the reduction of Louisbourg to his Majesties obedience, and
of what is now further resolved to be done for the maintain-
ing the same, and to draw an address to his Majesty, humbly
requesting his gracious consideration of the officers and
souldiers that have served in the said expedition, and for

158 PUBLIC RECORDS [AugUSt,

the repayment of the great expence this Colony has been at
in carrying on the said afifair, and lay the same before tliis
Assembly.

[321j Whereas the committee appointed to draw a repre-
sentation of what this government has done in the expedition
to Cape Breton, and has now further resolved to do for the
maintaining the city and fortresses of Loiiisbourg, reduced to
his Majesty's obedience, together with a congratulatory ad-
dress and humble request for relief under the heavy burden
occasioned to this Colony, and for his Majesty's favourable
regards to the officers and souldiers that served in the said
expedition, have prepared and drawn a representation, address
and humble request accordingly, and now laid the same before
this Court, which being read is approved of: And thereupon it
is resolved, that the same be signed by the Governor and Sec-
retary, in behalf of the Governor and Company of this Colony,
and sent to his Majesty from this Colony; and that his Honour
the Governour is desired to send the same with a letter to his
Grace the Duke of Newcastle, requesting his good offices in
forwarding and rendering the said representation, address and
Immble request, acceptable to his Majesty ; which draft is in
the following words, (yiz:^

To the King's Most Excellent Majesty :
May it please your Majesty,

Your dutiful and loyal subjects, the Governor and Company
of your English Colony of Connecticut in New England, most
humbly beg leave to represent, that the Provinces of the Mas-
sachusets Bay and New Hampshire (many of whose inhabit-
ants formerly used the fishing trade, being since the French
war greatly injured in that business, and particularly by the
French at Cape Breton,) proposed an expedition against your
Majesty's enemies on Cape Breton and parts adjacent, for the
reduction of the same to your Majesty's obedience; and there-
upon your Majesty's Province of tlie Massachusetts Bay invited
this and the more western Colony or Colonies, together with
the Colony of Rhoad Island, to joyn therein ; whereupon this
your Majesty's Colony of Connecticut, though as little inter-
ested in this affair as perhaps any of the more western planta-
tions who sent no men into the expedition, this Colony not hav-
ing for many years past so much as one vessel imployed in the
fishery there, yet greatly resenting the treatment of your Maj-
esty's subjects at Canso, met with from the French the last
year, the attempts made upon Annapolis Royal, the threat-
niiigs given out of further attacks thereon the present year,
and the preparations we were informed were making for that

1745.] OF CONNECTICUT. 159

purpose ; apprehensive also of what great advantage it might
be to the British crown and to your Majesty's Provinces and
Colonies in North America in general, and for the protection
and defence of Nova Scotia in particular, to subdue your Maj-
esty's enemies annoying those parts ; esteeming it also a sin-
gular pleasure to serve your Majesty's interest and promote
the common good and safety of your subjects in such an im-
portant point:

Wo, your Majesty's loyal and dutiful subjects, with great
cheerfulness, undertook and joyned with the neighbouring
Colonies in the proposed expedition, and carried on the same
with utmost dispatch, in whicli this Colony was second to none
but the Province of the Massaclmsets Bay, to whose wealth,
trade, numbers, and extent, this small Colony bears but a very
small proportion. For, may it please your Majesty, this Col-
ony, small in extent and trade, poor in estate, having little or
no advantage to raise money but by taxes on the people, raised
at the first five hundred volunteers, effective men for the land
service, and one hundred for the sea, on board the Colony
guard sloop, (which was the only vessel of force the Colony
had,) equipped, victualled, transported and maintained the
[322] same in your Majesty's service || in this important expe-
dition ; which forces, in conjunction with upwards of three
thousand land forces from the Provinces of the Massachusetts
Bay and New Hampshire, one sloop with about ninety men
from Rlioad Island, together with a squadron of your Majes-
ties ships of war, under the command of the Honourable Peter
Warren, Esq'', Commodore of the same, with a number of
smaller vessels of force from the Massachusetts, on the 16th
day of June last, after forty-nine days close seige, compelled
the enemy upon a capitulation to surrender; the terms whereof
we conclude your Majesty is informed; and accordingly the
city and fortresses of Louisbourg, with the territories thereon
dependent, were surrendered and delivered up to your Maj-
esty, with all their artillery and warlike stores, for the use and
defence of the same.

But, before this happy conquest, this Colony, further moved
by its former principles, raised, provided for and sent into the
same service, two hundred able, effective volunteers more,
besides officers, who arrived there soon after the surrendry of
the place; and again, before we had news of the surrendry,
this Colony, under all the heavy burdens it then laboured, lest
for want of more force an expedition of such great importance
should happen to fail, further resolved, and gave out commis-
sions for the raising three hundred volunteers more, for aug-
mentation of the former troops raised for this service, which

160 PUBLIC RECORDS [AugUSt,

last (the agreeable news of the surrendry of the place coming
soon after the commissions were out,) did not inlist. And, to
the end this great and important acquisition may be main-
tained, this Colony, humbly depending on your Majesty's royal
goodness, liave now resolved to raise and support, for the keep-
ing your Majesty's garrison thus lately acquired, the number
of three hundred and fifty men, until the first of June next,
unless your Majesty's royal pleasure be sooner known.

Whereupon we most humbly beg leave to observe, that this
Colony, in raising the several volunteers before mentioned,
judged it necessary to give greater encouragements to the
people (whose interest in the consequences of this expedition
was not so immediately affected) to inlist into this service,
than the other governments, more immediately interested
therein, had occasion to give, and tliat by this great and ex-
pensive undertaking we have expended about ,
wliich, in addition to the expence occasioned in the year 1740,
by the war with Spain, and to a very considerable expence tliis
Colony is at in assisting the Massachusets in defending their
frontiers, has run this Colony extreamly into debt, and reduced
it to a very low ebb.

Most Gracious Sovereign: Having given your Majesty a
sliort and very general account of our proceedings and the
happy success attending this expedition, and having this great
occasion of rejoicing, we most humbly beg leave to congratu-
late your Majesty on the most agreeable news of this enlarge-
ment of your dominions by the reduction of this so important
city and fortresses of Louisbourg on Cape Breton with the
territories thereon depending to your Majesty's obedience, that
your Majesty is now possessed of a strong-hold, (once your
enemies,) which seems to be the Key of North America, the
building of which cost the French King an immense sum : that,
by means of this success, a powerful siege, which has this year
been laid against Annapolis Royal, has, as we are informed,
been raised ; and that, by means thereof, as we have great
reason to hope, your Majesty's Province of Nova Scotia, and
other neighbouring Provinces, will for the future be in great
measure freed from the annoyance of the French and their
barbarous allies, formerly so very troublesome in tiiose parts.

[323] Will your Majesty be pleased, therefore, to suffer this
small Colony, labouring under poverty and deeply in debt, to
hope for, and most humbly to request, your royal favour and
bounty towards us, in granting us relief under the heavy
charge which we liave expended in exerting ourselves in this
important service, wherein we conceive we have, all circum-
stances considered, done more than our proportion with our

1745.] OF CONNECTICUT. 161

neighbours. And we beg leave humbly to assure your Majesty,
that we shall with all thankfulness accept and acknowledge
any favour your Majesty in your great goodness shall think
proper to manifest.

Will your Majesty be pleased further to permit us humbly
to recommend to your royal consideration and favour the offi-
cers and souldiers who have voluntarily served their King in
this expedition, going through incredible labours and fatigues
in erecting Ijatteries, (one of which they advanced within
about two hundred yards of the city walls,) drawing guns,
(some forty-two pounders,) firing nine or ten thousand great
shot and shells, and small shot without number, and in receiv-
ing the enemies shot near equal ; in all which the officers and
souldiers from Connecticut (whose loyalty and resolution is
inferior to none) bare their full share : notwithstanding all
which, these officers and souldiers (who would have been en-
tituled to the plunder, if taken,) received no benefit thereof,
the same by capitulation being given up, and the city and forts
with their artillery saved and surrendered to your Majesty:
whereas the officers and souldiers at sea, both before and since
the surrendry, have had great and valuable prizes fallen into
their hands, even within sight of the city walls, particularly,
since the surrendry, two French East India ships richly laden,
and one South Sea ship, which we have advice had on board
four hundred thousand pounds sterling in money, besides a
valual)le cargo in goods, and it is supposed that the captures
there amount to a million sterling, or more, which it is proba-
ble would never have fallen into the hands of your Majesty's
subjects if this expedition had not been undertaken.

We have presumed to send your Majesty a roll of the officers
from Connecticut, and most humbly pray your Majesty's most
gracious acceptance, audience and favour.

May your reign be long and prosperous, your arms victori-
ous, the acquisitions obtained to your dominions continued,
and we admitted the pleasure and satisfaction to account and
subscribe ourselves, as we really and sincerely are.

May it please your Majesty,

Your Majesty's most loyal, dutiful and obedient subjects.
The Governor and Company of your English Colony of
Connecticut in New England in America.

Jonath"^ Law, Gov.
By order of the Governor and Company aforesaid,

assembled in General Court.

George Wyllys, Secret'y.

Resolved hy this Assembly, That the commissaries appoint-
21

162 PUBLIC RECORDS [AugUSt,

ed by this Assembly for procuring provisions and other neces-
saries for the recruits now to be raised and those ah-eady at
Louisbourg be, and they are each of them, hereby impowered
to impress anything that shall be needful for the purposes
abovesaid, that cannot be otherwise procured upon just and
reasonable terms.

[324] Resolved by this Assembli/, That the field officers
appointed for garrisoning of Louisbourg be also commission-
ated to be captains of a company, and that all the field officers
draw pay for their commissions as sucli only.

Resolved by this Assembly, That the Reverend Mr. Elisha
Williams be desired to continue in his office of chaplain to our
forces at Louisbourg during their continuance there in garri-
son, and that his allowance be the same as at first was made.

It is further resolved, That Mr. Jeremiah Miller, commissary
for our troops at Louisbourg, be desired to continue in his
office of commissary there during the stay of our troops there,
and his allowance therefor be the same as at first made.

Ordered by this Assembly, That the Treasurer of this Colony
pay out of the publick treasury to Capt. Lamberton Cooper,
of Midletown, ninety pounds in old tenour bills, for the trans-
portation of forty-five of our souldiers and officers from Louis-
l)ourg by agreement of Colo. Burr, taking receipt of said
Cooper.

Whereas this Assembly, in their special sessions at New
Haven in July last, ordered a certain sum in bills of credit to
be struck off the new plates, and being now informed that
the great plate is unfit for use, leaving a very defective im-
pression : It is resolved , that the said great plate be engraven over
again, (with some proper additional marks of distinction,)
before the bills be struck off"; and the committee appointed
to sign the said bills are hereby directed, as soon as may be,
to procure a skilful artist to engrave the plate accordingly.

This Assembly do appoint Nathaniel Stanly, Esq"", Mr.
Joseph Talcott and Mr. Jonatlian Robbins, a committee to at-
tend at the Court House in Hartford upon the 26th day of Au-
gust instant, to hear the record of the acts and orders passed at
this Assembly read off", and see them signed by the Secretary
as compleat.

Upon the 26th day of August, A. D. 1745, at the Court
House in Hartford, the record of thesession acts ororders of this
Assembly, as it stands entered on the pages of this book, next
preceding, was read off" in the presence of the committee
abovenamed, and signed as compleat.

George Wyllys, Secret'y.

1745.] OP CONNECTICUT. 163

[325] An7io Regni Regis G-eorgii secundi decimo-nono.

At a General Assembly holden at New Haven in his
Majesties English Colony of Connecticut in New Eng-
land IN America, on the second Thursday of October,
(being the 10th day of said month,) and continued by
several adjournments until the 25th day of the same
month, annoque domini 1745.

Present :
The Honourable Jonathan Law, Esqf, Governor.
The Honi^ie Roger Wolcott, Esqr, Deputy Governor.

James Wads worth, ^ Thomas Fitch, "^

Joseph Whiting, | Roger Newton, | j^^^^^^

Timothy Pierce, )>Esq'-s.Ebenez'-. Silliman, VEsqf^ ^^^^

Samuel Lynde,' I Jonath". Trumble,

William Pitkin, J John Bulkley,

Representatives or Deputies that attended at the Assembly
are as follow, (viz :)

Mr. Joseph Buckingham, Capt. James Church, for Hartford.

Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman, for New
London.

Colo. Jabez Huntington, Mr. Jonath. Huntington, for Wind-
ham.

Mr. Michael Humphrey, Mr. Joseph Wilcoxson, for Symsbury.

Mr. John Hall, Mr. Isaac Moss, for Wallingford.

Colo. Jonathan Hoit, Mr. Jonathan Bates, for Stanford.

Capt. Asahel Strong, Mr. Timothy Porter, for Farmingtown.

Mr. Robert Knowlton, Mr. James Bicknal, for Ashford.

Capt. Joseph Phelps, Mr. William Buel, for Hebron.

Mr. David Noble, Mr. Paul Welch, for New Milford.

Capt. Israel Knapp, Mr. David Lockwood, for Greenwich.

Mr. Samuel Morgan, Mr. Nathan' Brown, for Preston.

Capt. John Russell, Capt. Robert Foot, for Brandford.

Mr. Ebenezer West, Major Joseph Fowler, for Lebanon.

Mr. Stephen Horsmer, for East Haddam. •

Capt. John Hubbard, Mr. John Hitchcock, for New Haven.

Colo. Andrew Burr, Capt. John Read, for Fairfield.

Colo. Hezh Huntington, Mr. Ebenezer Backus, I'ur Norwich.

Capt. John Fowler, Mr. Robert Treat, for Milfoid.

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry.

Mr. John Dixson, Mr. Thos. Kesson, for Yoluntown.

Capt. James Beebe, Mr. Thos. Benedict, for Danbury.

Mr. Samuel Fitch, Mr. Joseph Piatt, for Norwalk.

Colo. Thomas Wells, Capt. Jonathan Hale, for (llassenbury.

Capt. Joseph Bird, Capt. Edward Phelps, for Litchfield.

164 PUBLIC RECORDS [October,

Mr. Thos. Mathews, for Watcrbury.
Colo. John Dyar, Mr. Stephen Frost, for Canterbury.
Capt. Charles Bulkley, Capt. Timothy Wright, for Colchester.
Capt. Thomas Storrs, Mr. William Johnson, for Mansfield.
Mr. John Crary, Mr. William Marsh, for Plainfield.
[326] Colo. Samuel Hill, Capt. Timothy Stone, for Guilford.
Mr. Ebenezer Bateman, Major Hez'' Sabin, for Killingly.
Major Elihu Chauncey. Mr. Nathan Camp, for Durbam.
Colo. John Chester, Mr. Jonath" Robbins, for Weathersfield.
Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown.
Colo. Christopher Avery, Mr. John Ledyard, for Groton.
Mr. Joseph Denison, Mr. Rufus Minor, for Stoningtown.
Mr. James Benedict, Mr. Samuel Olmstead, for Ridgfield.
Mr. Hez'i Brainerd, for Haddam.
Capt. Samuel Bassett, Mr. Abel Gun, for Derby.
Major Daniel Ely, Mr. John Griswould, for Lyme.
Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say-
brook.
Capt. Roger Wolcott, Mr. Daniel Bissell, for Windsor.
Capt. Theophilus Nickols, Mr. Robert Walker, for Stratford.
Capt. Elnathan Stephens, Mr. Jonath" Lane, for Killings-
worth.
Capt. Noah Sabin, Mr. Ebenezer Holbrook, for Pomfrett.

Colo. Andrew Burr, Speaker, ) of the House of Repre-
Capt. John Fowler, Clerk, j sentatives.

Resolved hy this Assembly, That the commissaries appointed
to make provision for the troops at Lcuisbourg, &c., be order-
ed, and tliey are hereby ordered, to make sufficient provision
for victualling, bedding and cloathing the three hundred and
fifty men appointed to, garrison the city, &c. of Louisbourg,
until the first of July next; the cloathing to be deducted
out of the souldiers' wages, as by act of Assembly is already
provided.

Ordered hy this Assembly, That theTreasurer of -this Colony
pay out of the publick treasury unto Lieut. William Smithson,
of Durham, the sum of twelve pounds fifteen shillings old
tenour, for so much expended by him of his own moneys in
inlisting seventy-four souldiers for garrisonhig the town and
fortresses of Louisbourg.

This Assembly do establish and confirm Mr. Zebulon Webb
to be Lieutenant of the second company or trainband in the
town of Windham, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Jonathan Rudd
to be Ensign of the second company or trainband in the

1745.] OP CONNECTICUT. 165

town of Windham, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Benjamin
Wheeler to be Ensign of the second company or trainband in
the town of Plainfield, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Eliphalet Dyer
to be Captain of the Troop in the 5th regiment in this Colony,
and order that he.be commissioned accordingly.

This Assembly do establish and confirm Mr. Clement Minor
to be Captain of the 2d company or trainband in the town of
Lyme, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Thomas Beck-
with to be Lientenant of the 2d company or trainband in
the town of Lyme, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Thomas Way
to be Ensign of the 2d company or trainband in the town of
Lyme, and order that he be commissioned accordingly.

[327] This Assembly do establish and confirm Mr. David
Lamb to be Ensign of the 2d company or trainband in the
town of Stoningtown, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Moses Tyler
to be Ensign of the third company or trainband in the town
of Preston, and order that he be commissioned accordingly.
• This Assembly do appoint, establish and confirm, Mr.
Isaac Hide to be Lieutenant of the 2d company or trainband
in the town of Canterbury, and' erder that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Phinehas
Brown to be Ensign of the 2d company or trainband in the
town of Canterbury, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Nathaniel
Berry to be Lieutenant of the company or trainband in the
town of Kent, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Ran-
some to be Ensign of the company or trainband in the
town of Kent, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Nathan Smith

166 PUBLIC RECORDS [October,

to be Captain of the 3d company or trainband in the town
of Groton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Bur-
roughs, jun"", to be Ensign of the 3d company or trainband in
the town of Groton, and order that he be commissioned ac-
cordingly.

Resolved hy this Assembly, That there shall be paid to any
person that already hath or shall hereafter serve in the place
of sergeant-major in the regiment sent from this Colony to
Cape Breton the sum of fifteen pounds, old tenour, per month,
for each kalendar month, during the time our troops shall be
improved there.

Resolved, hy this Assembly, That Jeremiah Miller and John
Richards, Esq'"^, and Mr. Jeremiah Chapman, jun^, or any
two of them, are appointed a committee to enquire of all ves-
sels that shall arrive in the harbour of New London from Cape
Breton, or elsewhere, for any sick or wounded men in this
Colony's service that may stand in need of being landed and
provided for on shoar, and to impress (if need be) such houses,
tenders, and all things necessary for the comfortable support
and recovery of such sick or wounded • persons, until they
shall be able to travel to their respective homes, and to lay
the accounts of the charges arising thereby before the com-
mittee appointed by this Assembly to adjust and settle accounts
relating to the charge and expence of the present war, in
order for their examination and allowance ; who are hereby
ordered and impowered to draw orders on the Treasurer of
the Colony for the payment of such accounts by them allowed ;
and the Treasurer is ordered to pay the same accordingly.
And further, the said Treasurer is hereby ordered to deliver
into the hands of said committee the sum of two hundred
pounds, old tenour, who are hereby ordered to deliver and
pay out of the same to each souldier that shall arrive from
Cape Breton, so much as they shall judge may be sufficient to
defray their charges to their respective homes, having regard
to the distance of the way and ability of the souldiersto travel,
and to render the abovesaid committee an account of their
disbursements of the said two hundred pounds.

Upon the memorial of Nathaniel Barnes and Abigail his
wife, administrators (the said Nathaniel in right of his said
wife) of the estate of John Howell, late of New Haven, de-
ceased, representing that the debts due from said estate exceed
the sum of the moveables of said estate the sum of <£38 lis.
Id., and moving for liberty from this Assembly to sell so much
of the real estate of said deceased as shall enable them to pay

1745.] OP CONNECTICUT. 167

said debts, together with contingent charges, by the advice
and at the direction of the judge of the court of pi'obates for
the district of New Haven : This Assemlily grants liberty to
the said administrators, by the advice and at the direction of
the said judge of probates, to sell so much of the real estate
of said deceased as shall enable them to pay said sum of X38
lis. Id., together with the charges arising on such sale.

[328] Upon the memorial of Henry Taylor, of Mansfield,
in the county of Windham, administrator on the estate of
James Taylor, late of Killingly in said county, deceased,
shewing to this Assembly that the said James Taylor dyed in
debt the sum of £51 18s. 2d., more tlian his moveable estate
will pay ; praying tliis Assembly that he, the said Henry, or
some other meet person, may be impowered to sell so much
of the lands of the said deceased as will be sufficient to pay
the said £51 18s. 2d., with the charges arising thereupon: It
is now resolved by this Assembly, that the said Henry Taylor
be, and he is hereby, impowered to sell so much of the lands
of the said James Taylor, deceased, as may be sufficient to
pay the said £51 18s. 2d. and charges, it being according to
old tenour ; he taking the directions of the court of probates
in the county of Windham.

An Act for levying' a Tax on Polls, &c.

This Assembly grants a rate of one penny half-penny on
the pound, in bills of credit of this Colony of the new tenour,
on all the polls and otlier rateable estate in this government,
to be paid in bills of credit of this Colony of the new tenour,
as aforesaid, or in bills of credit of this Colony of the old
tenour, at the proportion of three shillings and sixpence old
tenour for one shilling of the new, and so proportionably,
with the usual advance of one shilling on the pound ; or in
good silver at eight shillings per ounce troy weight sterling
alloy, or in gold equivalent thereto.

This Assembly do establish and confirm Mr. Jonathan Lane
to be Captain of the 7tli company or trainband in the seventh
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Elnathan Street
to be Captain of the first company or trainband in the town
of Wallingford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Samuel Peck
to be Lieutenant of the first company or trainband in the town
of Wallingford, and order that he be commissioned accord-
ingly.

168 PUBLIC RECORDS [October,

This Assembly do establish and confirm Mr. Bphraira Pres-
ton to be Ensign of the first company or trainband in the
town of Wallingford, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Joseph Sand-
ford to be Lieutenant of the company or trainband at the
parish of Reading, and order that he be commissioned accord-
ingly-

This Assembly do estaljlish and confirm Mr. John Sher-
wood to be Lieutenant of the company or trainband at the
parish of Stratfield, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Hezekiah Odel
to be Ensign of the company or trainband at the parish of
Stratfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Caleb Hulls
to 1)0 Ensign of the north company or trainband in the parish
of New Cheshire in Wallingford, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Eleazer War-
ren to be Ensign of the first company or trainband in the town
of KilHngly, and order that he be commissioned accordingly.

The Gentlemen nominated by the Votes of the Fz'eemen of this Colony to
stand for Election in May next are as follow, viz :

The Honourable Jonathan Law, Esq^.
The 5onbie Roger Wolcott, Esq"-.

James Wadsworth, Esq^. Ebenezer Silliman, Esq^.

Nathaniel Stanly, Esqf. Jonathan Trumble, Esq^

Joseph Whiting, Esq^ John Bulkley, Esq^.

Ozias Pitkin, Esq^. Hez^ Huntington, Esq"".

Timothy Pierce, Esq"". Colo. Andrew Burr.

Samuel Lynde, Esq^. Colo. John Chester.

William Pitkin, Esq^. Mr. John Griswould.

Thomas Fitch, Esq^, Mr. Elisha Williams.

Roger Newton, Esq'". Colo. Benja. Hall.

[329] This Assembly do establish and confirm Mr. Samuel
Bebee to be Captain of the company or trainband in the town
of Salisbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Hutchin-
son to be Lieutenant of the company or trainband in the town
of Salisbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Bel-
lows to be Ensign of the company or trainband in the town of
Salisbury, and order that he be commissioned accordingly.

1745.] OF CONNECTICUT. 169

On the memorial of the inhabitants of the parish of North-
berry in Waterhury, sliewing that the circumstances of said
parish were of late altered, and that the middle stake set up
l3y the committee appointed to affix a place whereon to build
a meeting-house would now best accommodate the present in--
habitants, and they were unanimous in said middle stake for
a meeting-house place; also praying for a land tax, exclusive
of the land belonging to those who have professed for the
church of England, as per their memorial on file,

Resolved hy this Assembly^ That the middle stake erected
by said committee, standnig hy the path leading from Deacon
Blacksley's to Isaac Castle's dwelling-house, about twenty
rods eastward from the brook that runs from the north end
of the hill called the One Pine, toward the river, shall be and
hereby is established to be the place whereon to build a meet'
ing-house in said parish ; and that all the unimproved lands
in the limits of said parish, exclusive of those lands belong-
ing to such persons in snid parish as have professed for the
church of England, shall and hereby is taxed at the rate of
sixpence old tenour currency per acre yearly, for the space of
four years next coming, to be paid by the owners of such lands
and to be improved for the building said meeting-house and
for the support of their minister.

Upon the memorial of Mary Ailing, of New Haven in New
Haven county, widow of Ebenezer Ailing, late of said New
Haven, deceased, and administratrix on the estate of said
deceased, representing to this Assembly that the debts due
from said estate surmount the moveables the sum of £53 10s.
4tZ., praying this Assembly to grant liberty to sell so much of
the real estate of said deceased as is necessary to pay said
sum and the charges arising on such sale, and to appoint some
meet person to do the same : It is resolved by this Assembly,
that Caleb Ailing, of said New Haven, be impowered, and he
is hereby impowered, to sell so much of the land of the said
deceased as is necessary for the purposes aforesaid, taking the
direction of the judge of the probate in the district of New
Haven therein.

Upon the memorial of Elizabeth Bristol, of New Haven in
New Haven county, widow of Daniel Bristol, late of said New
Haven, deceased, and administratrix on the estate of said
deceased, representing to this Assembly that the debts due
from the estate of said deceased surmount the moveables the
sum of £105 lis. Id., praying this Assembly to grant liberty
to sell so much of the real estate of the said deceased as is
necessary to pay said debts and the charges arising on such
22

170 PUBLIC RECORDS [October,

sale, and to appoint some meet person to do the same : It is
resolved by this Assembly, that Josiah Piatt, of said New-
Haven, be impowered to sell so much of the land of the said
deceased as is necessary for the purposes aforesaid, taking the
direction of the court of probate in the district of New Haven
therein.

Resolved ly this Assembly, That the Treasurer of this Colony
be directed to attend on this Assembly, prepared with money
to pay the charges thereof, on Wednesday the twenty-third
instant.

This Assembly appoints Thomas Chipman, of Salisbury,
Justice of the Peace for the county of New Haven till June
next.

[330] This Assembly do establish and confirm Mr. Ebenezer
Lothrop to be Captain of the first company or trainband in
the town of Norwich, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Jabez Hunting-
ton to be Lieutenant of the 1^* company or trainband in the
town of Norwich, and order that he be commissioned accord-
ingly.

Upon the memorial of Daniel Nickols, of Danbury, eldest
son of Josiah Nickols late of Danbury, deceased, representing
to this Assembly that the deceased Daniel Nickols mortgaged
certain lands to the Governour and Company in security of
one hundred pounds money, and died before the said mort-
gage was cleared, and his children and heirs being in their
minority ; praying this Assembly to suspend prosecution upon
said mortgage, for reasons in said memorial alledged, as on
file : This Assembly do enact, decree and order, that the pros-
ecution of said mortgage be suspended until May, A. D. 1747,
and that Mr. Robert Walker, of Stratford, agent for the Gov-
ernour and Company in taking care of and prosecuting the
mortgages in the county of Fairfield, do take notice hereof
and suspend prosecution of said mortgage accordingly.

An Act for preventing' Trespass in gathering and destroying Bayberries
and effectually detecting Trespasses about the Same.
Be it enacted by the Governour, Council and Representatives,
in G-eneral Court assembled, and by the authority of the same,
That no person or persons do or shall gather, destroy, or carry
away, any bayberries standing or growing on the land of any
other person or persons, without leave or lycence of the owner
or owners of such lands whereon such bayberries were stand-
ing or growing ; on pain that every such person gathering,
destroying, or carrying away the same, or that shall be aiding

1745.] OP CONNECTICUT. 171

or assisting therein, shall forfeit and pay to the party injured
or trespassed upon three times the value of the bayberries so
gathered, destroyed or carried away, and also the sum of forty
shillings for every bushel so gathered, besides three times the
value as aforesaid, and so after that rate for a greater or lesser
quantity ; which several penalties, forfeitures and damages,
shall and may be recovered by action, bill, plaint or informa-
tion.

And, forasmuch as it is very hard and difficult to detect or
convict any trespasser against this act in the ordinary method
or course of the law, by reason the trespasses are generally
committed where positive evidence can scarcely ever be had :

Be it enacted hy the authority aforesaid, and.it is hereby
enacted, That whensoever any action is brought for recover-
ing any of the damages and forfeitures as aforesaid, the
same rules and methods of tryal and assessing damages may
and shall be observed as are provided in a certain statute
made and enacted in the tliirteenth year of the reign of
King George the first, entituled An Act for the more effectual
detecting and punishing trespass;* reference thereunto
being had.

Resolved by this Assembly, That the Committee of War at
Hartford be directed, and they are hereby directed, to make
proper enquiry into the state of the western frontiers of
the Province of the Massacliusets Bay, and of the approach
of the enemy there, and send such number of forces, as they
shall think proper, according to the powers and authorities
heretofore given them by act of this Assembly ; and that
they use as much dispatch therein as may be, and give such
directions to the forces sent as they shall judge neces-
[331] sary ; || and that his Honour the Governour advise Lieu-
tenant Governour Phips of this resolve, and that wliatsoever
shall be needful to be represented to this Colony on that head
its most expedient it should be made to that committee, who
are invested witli authority to transact those affairs.

Upon the petition of James Harris, of New London, vs.
Merritt Smith, of said New London, as administrator on the
estate of Major John Merrit, late of said New London, de-
ceased, complaining of a judgment of the adjomned county
court held in New London in February last, given in favour
of said Smith against said Harris on a bond given by said
Harris to said John Merrit. particularly in disallowing an
account of sundry articles alledged by said Harris to have
been delivered and paid on account of said bond ; thereupon

* Vol. VII. 80.

172 PUBLIC RECORDS [October,

praying for relief in the premises, as per his petition more at
large appears : Resolved by this Assembly, tliat Messrs.
Jabez Hamlin, Elihu Chaunccy and Thomas Forsdick, be a
committee, and they are hereby appointed a committee, with
full power and authority to enquire into and examine the
matters in said petition contained, and all things relating
thereunto ; and for that purpose to appoint time and place of
hearing, notify the parties, and to enquire of the parties
under oath or without, and take such evidence as they shall
judge proper in the premises ; and on the whole to report
what they find, together with their opinion of what is just and
right in the premises, to this Assembly in May next, that
this Assembly may be better informed what is right to be
done in the matters aforesaid. And the execution on said
judgment is hereby suspended till the rising of this Assembly
in May next.

This Assembly do establish and confirm Mr. Timothy Par-
sons to be Captain of the first company or trainband in the
town of Durham, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Ebenezer
Guernsey to be Lieutenant of the first company or trainband
in the town of Durham, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. James Curtiss
jun"" to be Ensign of the first company or trainband in the
town of Durham, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Nathaniel
Beedle to be Captain of the northeast company or trainband
in the town of Wallingford, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Benjamin
Atwater to be Lieutenant of the northeast company or train-
band in the town of Wallingford, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Joshua Austin
to be Ensign of the northeast company or trainband in the
town of Wallingford, and order that he be commissioned
accordingly.

Upon the memorial of Huckans Storrs, of Mansfield in
the county of Windham, shewing to this Assembly that he
bargained with and purchased of Experience Porter jun^ of
said Mansfield, deceased, a certain tract of land lying in said

1745.] OP CONNECTICUT. 173

Mansfield at a place called Spring Hill, containing by estima-
tion one hundred and fifty acres, bounded and described in
the conditions of a bond given by the said Porter to the
memorialist to secure a deed thereof; shewing further, that
in consideration thereof he had paid and secured to be paid
to the said Porter, his heirs or order, the sum of one thou-
sand pounds, of which he had already discliarged the sum
of eight hundred pounds, and that the said Porter on the
16th day of February, A.Dom. 174|, did make and well exe-
cute a bond of two thousand pounds, conditioned for the
executing a good and absolute warranty deed of said Imds
[332] and appurtenances : but that it happened || that the
said Porter dyed without ever executing the said deed, not
through unwillingness but for other reasons assigned ; and
further, that the memorialist, after the death of said Porter,
looking up said bond, to see after some remedy, to his great
surprize found the obligatory part of his said bond cut off, all
but one line ; and thereupon praying this Assembly to appoint
and impower some meet person to give a deed of said land
according to the description given in said conditions to said
bond, which is in the following words, (yiz:^ All the land
lying at Spring Hill, and buildings thereon, that is to say, all
the lands that the said Experience Porter jun"" had conveyed
to him by his honoured father, Experience Porter of Mans-
field, as tiie same is butted and bounded in a certain deed on
record to the said Experience Porter juu'', dated the od day of
September, A. D. 17*29, recorded in Mansfield 3d book of deeds,
in pages 111 and 115 and 116, together with a certain barn
standing on the said land, and also about forty-one acres that
the said Experience Porter jun^ bought of his brother John
Porter, lying on tiie easterly side of Spring Hill, as the same
is butted and bounded in a certain deed from said John
Porter to him, the said Experience Porter jun^ recorded in
Mansfield third book of deeds, in pages 805 and 806 ; as
per the said memorial and conditions to said obligation, on
file, may more fully appear : In consideration whereof, this
Assembly doth appoint, impower and authorize. Experience
Porter of said Mansfield, to make and execute a deed of said
lands, in behalf of the heirs of the said Experience Porter
jun% to the memorialist, his heirs, &c.

This Assembly appoints Mr. Roger Sherman to be a Sur-
veyour of Lands for the county of New Haven.

This Assembly do establish and confirm Mr. Nathaniel
Kimberly to be Ensign of the company or trainband at the
parish of West Haven, and order that he be commissioned ac-
cordingly.

174 PUBLIC RECORDS [October,

Upon the petition of Timothy Thrall, of the town of Wind-
sor in the county of Hartford, shewing to this Assembly that
James Enno, of Union in the county of Windham, brought
his action against the petitioner as executor of the last will
and testament of William Thrall, late of said Windsor, de-
ceased, on a promissory note of the hand demanding the sum
of seventy pounds, l)y his writ dated February 13th, A. D.
174|, before the county court held at said Windham by an
adjournment on the last Tuesday of February last, and the
same was continued from that court unto the county court
held at said Windham in June last, at which court the said
Enno obtained final judgment against the petitioner for the
sum of seventy pounds in bills of publick credit of the old
tenour, with twelve pounds four shillings for cost ; and there-
upon representing to this Assembly that the said note is fraud-
ulent and never was executed l)y the said William ; and
thereupon praying that the said judgment of the county court
held at Windham in June last past, with the execution and
doings thereon, may be set aside and made void, and that the
petitioner may be allowed another tryal of said cause at the
county court to be held at said Windham on the second Tues-
day of December next, and that all the cost may follow the
final tryal : Whereupon it is resolved by this Assembly, that
the said judgment of the county court held at Windham in
June last, with the execution and the doings thereon, shall be
set aside, and the same is hereby made void, and that the
petitioner is allowed another tryal of said cause at the county
court to be lield at Windham on the second Tuesday of De-
cember next ; and that all the cost follow the final tryal.

[333] This Assembly do establish and confirm Mr. Jonathan
Allen to be Captain of the 6th company or trainband in the
11th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Jacob Whit-
more to be Lieutenant of the 6th company or trainband in the
11th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Theophilus
Candey to be Ensign of the 6th company or trainband in the
11th regiment in this Colony, and order that he be commis-
sioned accordingly.

The Sums total of the Lists of Estate of the several Towns in this

Colony hereafter mentioned, and sent in to this Assembly

and accepted, are as follow^, (viz :)

£ s. d. £ s. d.

Hartford, 34071 6 10 New Haven, 43750 6 6

New London, 29783 3 3 Fairfield, 44123 3 11

17-15.]

CONNECTICUT.

175

Windham,

16429

Norwich,

48049

Ashford,

8622

Ridgfield,

8268

Greenwich,

20291

Symsbury,

15009

Hebron,

13372

Farmingtown,

30113

Killingly,

18602

Canterbury,

10858

Mansfield,

12425

East Haddam,

16058

Stoningtown,

28208

Weathersficld,

24529

Haddam,

9079

Wallingford,

35100

Lyme,

21435

Groton,

20056

Plainfield,

10698

Newtown,

10684

Glassenbury,

9893

Lebanon,

32489

Brandford,

20971

Nor walk,

29467

Danlniry,

13020

Preston,

16884

Guilford,

29954

Colchester,

18901

Woodberry,

20218

Saybrook,

174f)0

Windsor,

33407

Litchfield,

8136

New Milford,

9653

Killingsworth,

12323

Voluntown,

7488

Coventry,

12827

Durham,

10247

Pomfrett,

,12801

Standford,

24461

Stratford,

34051

Milford,

25221

Derby,

9131

Midletown,

38205

Waterbury,

12492

Upon th« memorial of Captain Chickins, an Indian living
in the parish of Reading, in Fairfield county, representing to
this Assembly that many years ago he sold to Capt. Samuel
Couch a certain tract of land lying and situate between Fair-
field, Danbury, Newtown, and Ridgefield, in said deed saving
and reserving so much thereof as he and his children, &c.,
should need for their improvement, &c., and moving tliat a
committee be appointed to consider of the premises and lay
out of said lands according to said reserve : Resolved by this
Assembly, that Ebenezer Sylliman, Esq'", Capt. Sanmel Burr
of Fairfield, and Samuel Handford, Esq"", of Norwalk, be a
committee to repair to and upon said land, and having due
regard to said deed of conveyance with the savings and re-
servations therein contained, to survey and by proper meets
and bounds set out for and to the use of the memorialist and
his children, such and so much of said lands as they shall be
of opinion (on hearing all parties or persons therein concerned)
ought to be allowed and set out to said memorialist and his
children, &c., according to the true intent and meaning of
said reserves ; and mal«e report of their doings in the premises
to this Assembly in their sessions at Hartford in May next.

[334] Upon the petition of Thomas Stow, of Midletown, vs.
James Bvarts, of Guilford, complaining of a judgment of the

176 PUBLIC RECORDS [October,

superior court held in Hartford in Marcli, A. Dom. 174f , for
that the jury missed the law in the consideration of the evi-
dences, and by that means assessed the damages too small ;
and thereupon praying for a new tryal, or a committee to en-
quire into said case, as per the petition more at large may
appear: Resolved by this Asseml)ly, that James Wadsworth,
Esqr, Maj. Eliliu Chaunceyand Mr. Nathan Camp, all of Dur-
ham, be, and they are hereby appointed, a committee with full
power to enquire and look into the matters in said petition
contained and all things relating thereto, and to hear the
parties and examine them under oath or without, and all other
evidence produced, and for that purpose to appoint time and
place of hearing and notify the parties thereof, and on the
whole to make report to this Assembly in May next of what
they find, together with their opinion of what is right to be
done in the premises.

Upon the memorial of Eliphalet Beecher, of Amity in New
Haven county, shewing to this Assembly that Joel Munson,
of New Haven', borrowed of the government one hundred
pounds new tenour bills, and gave security therefor, and that
the memorialist borrowed and took of said Monson the sum of
twenty pounds of said money, and gave security to said Mon-
son to discharge so much upon his, the said Monst)n's, bond,
and the memorialist having sustained the loss of his dwelling
house, shop, &c., by fire, praying this Assembly to lengthen
out the payment of said money, for the reasons assigned in
said memorial : Whereupon it is resolved, that the memorial-
ist have the space of two years next ensuing the first day of
May next to pay the money and interest, the memorialist giv-
ing bond with one sufficient surety to the Governor and Com-
pany for the payment of said twenty pounds and interest at
said term; and the said bond being lodged with the Secretary
of the said Colony, that then the said Joel Munson is and
shall be discharged upon the bond he hath given as aforesaid
for the aforesaid sum of twenty pounds.

Upon the memorial of Capt. Ezekiel Royce, of Wallingford
in New Haven county, praying tliis Assembly to grant to him
the sum of X2H lis. od. money old tenour, to be paid out of
the puljlick treasury of this Colony for that he expended the
same sum on his son Sam' Royce lately arrived from Cape
Breton to New London, sick and there dyed, a souldier in the
service of this Colony : Granted l)y this Assembly, that the
memorialist shall receive out of the publick treasury of this
Colony the aforesaid sum of £26 lis. od. money old tenour,
and the Treasurer of this Colony is hereby ordered to pay the
same to the said Capt. Ezekiel Royce.

1745.] OP OONNECT'ICUT. 177

Upon the memorial of Joiiatliau Starr, Luke Perkins and
Nathan Smitli and William Williams, selectmen of the town
of Groton in New London county, representing to ithis Assem-
bly that Robert Burroughs, of said Groton, hath for several
years been deprived of the exercise of his natural reason, so
that the said Burroughs is uncapable to support himself or to
take care of his estate, and praying- that this Assembly would
authorize some meet person or persons to make sale of said
Burroughs' house and about one acre of land lying and being
in said Groton, and that the money arising by the sale thereof
may be deposited in the hands of the selectmen for the time
being, for the use of said Burroughs, as per the memorial of
said selectmen may fully appear : Resolved by this Assembly,
that Capt. Jonathan Starr and Luke Perkins, Esq^, of said
Groton, be and are hereby authorized and impowered to make
sale of said house and land, and to execute an authentick con-
veyance of said house and land to the, person or persons who
shall purchase the same, and that the. money. arising by such
sale to be deposited in the hands of the selectmen of said
Groton for the time being, to be by such selectmen improved
to the use and maintenance of the said Burroughs.

[335] On the petition of Daniel HalLthe 2d, shewing that
one Daniel Baldwin, of the north parish in Wallingford,
obtained final judgment at the superior court held in New
Haven in March, 1732, against him for the surrendry of about
two acres of land situate in the bounds of said Wallingford, as
per writ; representing that since said final judgment he had
discovered the true original bounds at the northeast corner
of said Baldwin's farm; praying for a reversal of said final
judgment and all the doings thereon, and for a new tryal of
said cause, as per his petition on file : Resolved by this Assem-
bly, that the said final judgment in March, 173^, in favour of
said Daniel Baldwin against said Daniel Hall the 2d, shall be
and hereby is reversed and set aside with all the doings thereon,
and that the said Daniel Hall tlie 2d shall and hereby is
granted a new tryal of said cause, at the superior court to be
held in New Haven the last Tuesday of February next ; and all
cost follow the final judgment in said case.

Resolved hy this Assembly, That Nathaniel Stanly, William
Pitkin, Jonathan Trumble, Esq^^ Colonel iThomas Wells and
Mr. George Wyllys, or any two of them, be a committee 'to
enquire into, prepare, draw up and get the proper evidences
and attestations of the accounts of the charges, expences and
disbursements this Colony have made in tlie carrying on the
expedition against Cape Breton, and in securing the acquisi-

178 PUBLIC RECORDS [October,

tion made there, that so the same may be sent home, to be
laid before the King in Council, or the Parliament of Great
Britain, to ask favour for the reimbursement thereof to this
Colony.

On the report of the committee appointed to examine the
accounts of those that assisted in prosecuting Nelson, Sher-
wood, Hurlburt and Boyce, on a complaint for their corruptly
uttering counterfeit bills of credit: Resolved by this Assem-
bly, that the Treasurer of this Colony shall and he is hereby
directed to pay unto William Drinkwater, for himself and
those whom he represents, in old tenour bills, the sum of one
hundred twenty-seven pounds and eighteen shillings ; and to
William Spencer, for 'himself and those for whom he is con-
cerned, in old tenour bills, the sum of ninety-two pounds one
shilling and ten pence ; also, that the sum'of twenty pounds
old tenour be paid to the said William Drinkwater, as a pre-
mium for informing against Seth Sherwood, and to James
Betts, as a premium for informing against Andrew Nelson,
twenty pounds ; and also the sum of fifty pounds old tenour
be delivered to Ephraim Seeley, for his expence and pains in
discovering the wicked practices of the said offenders ; taking
receipts of the persons receiving said sums.
An Act allowing' and stating Constables' Fees for siimmoning' Jurors.

Be it enacted by the Q-overnor, Council and Representatives,
in Greneral Court assembled, and by the authority of the same.
That every constable in this Colony who, since the first day of
December last, hath summoned, or hereafter shall summon
(by summons lawfully issued) any juror or jurors to attend
any of the superior or county courts in this Colony, shall be
therefor allowed (save only for return of said summons)
the same fees for travel and serving as by law are allowed in
process in civil causes, to be paid out of the county treasuries
of the respective counties where such jurors are to attend.

Upon the report of Benjamin Hall, John Southmaid and
Samuel Hickcox, a committee appointed by this Assembly, in
May last, to affix a place for the society of Roxberry in Wood-
berry to build a meeting-house, representing to this Assembly
that they have set up a stake and laid a large heap of stones
about it on the hill about forty-four feet south of the old meet-
[3o6] ing-house: || Resolved by this Assembly, that the stake
set up by said committee be the place for the setting the
meeting-house on for said society, and that the said stake be
enclosed within the sills of said house.

Upon the memorial of the northern inhabitants of the 1st
society in Killingly, together with the concurrence and agree-

1745.] OP CONNECTICUT. 179

ment of the rest and southern inhabitants of said parish, for
divers reasons in said memorial set forth, praying said society
might be divided into and so as to become two distinct parishes
by some convenient line divident, to be ascertained and drawn
across said society: Resolved by this Assembly, that the
inhabitants of said first parish or society in Killingly shall be
and become two several and distinct ecclesiastical societies, to
be from each other separated and divided by a line beginning
at the east side of Quinebang River, and thence extending
northeastwardly, (leaving James Miles house to the north,)
directly to the nortli side of David Russels dwelling house,
and from thence, (leaving said Russels house to the south,)
directly on a straight line to Rhode Island Colony line, so as
to leave Deacon Eleazer Bateman jun'' his dwelling house
just ten rods to the north of said line ; and that all the said
inhabitants who live to the southward of said line sliall be and
remain by themselves a distinct ecclesiastical society, endowed
with all the powers and privileges which other such societies
in this Colony have ; and that all those of said inhabitants
who live on the north side of said divident line shall be and by
themselves become a distinct ecclesiastical society, vested with
powers and privileges as abovesaid, save only and except
Thomas Bateman, Nathaniel Brown, Gideon Draper, jun^ and
Salmon Wheat, and their estates, who have liberty to joyn
with said southern inhabitants, and also John Firman,
Daniel Lawrence and Benjamin Barrett, or any or either of
them, who shall by or before the latter end of November next
enter their names with the clerk of such southern society, .
signifying their desire thereof, shall with their estates in like
manner have liberty to be joyned witb them ; saving also to
Israel Proctor with his estate liberty to be joyned with said
northern parisli . And it is further resolved, each of the said two
societies to be made as abovesaid shall share and take benefit of
the school money which hitherto hath belonged to the said first
parish of Killingly, (while whole and undivided,) in proportion
to their respective lists. And it is further resolved, that tiie old
meeting house in the northern society shall belong to the same
northern society, and that the new meeting-house in the south
society shall belong to said south society, and that all taxes
and rates already made and arising upon the inhabitants of
the first society when entire, before the divison by this act
made, for the building said new meeting-house, shall be paid
and answered as the same should have been, had there been
no division of said first society.

Upon the memorial of William Wolcott jun^, Pelatiah
Mills, John Palmer jun^, and Edward Griswould, all of Wind-

1'80' PUBLIC RECORDS [October,

sor in the county of Hartford, selectmen of the town of
Windsor, shewing to this Assembly that by and with the
advice of the civil authority of the town of Windsor, and in
pursuance of one law of this Colony intituled An Act for the
better ordering idle and poor persons, and to enable the select-
men in the respective towns to take into their care and
management the estates and credits of such persons, &c., they
took into their care one Benjamin Hutchinson and Anne his
wife, both of said Windsor, being persons that have arrived to
a gi*eat age, and tliereby are rendered uncapable to labour and
support themselves, and that the inhabitants of said Wind-
[387] sor II have already expended the sum of twenty-three
pounds ; and thereupon further shewing that the said Hutch-
inson hath no personal estate whereon to support himself;
and thereupon praying that so much of the real estate of the
said Hutchinson may be sold as shall be sufficient to pay the
said twenty-three pounds, and also for liis support, as by said
memorial doth fully appear : Whereupon it is resolved by this
Assembly, that there shall be sold two acres of land belonging
to the said Hutchinson, and lying in said Windsor at a place
commonly called Horsfords Meadow, and the money arising
on said sale shall be improved by the selectmen of said Wind-
sor for the time being in the support of the said Benjamin
Hutchinson and Anne his wife ; and this Assembly do hereby
authorize, appoint and fully impower the said William Wol-
cott jun"", and Pelatiah Mills, to give a deed of sale of said
land.

Upon the memorial of Samuel Bnel, Abraham Skinner and
sundry other persons, of whom some live towards the south-
eastern parts of the parish of Eastberry, some on the western
parts of Hebron, and others on some parts of the first and
third societies in Colchester nearest adjoyning to said parts of
Eastberry and Hebron, representing that it is convenient and
needful for them to be united together so as to become a dis-
tinct parish, and praying a committee to view and report their
circumstances, &c. : Resolved by this Assembly, that Roger
Wolcott jun>-. Esq"", Mr. Daniel Bissell, of Windsor, and Mr.
Hezekiah May, of Weathersfield, be and they hereby are ap-
pointed, impowered and directed, to repair to and upon the
places situated as abovesaid and inhabited by the memorialists,
and give legal notice to all persons concerned, and upon due
hearing all parties or persons therein interested, and enquiry
into tiieir circumstances, to make report on the [)remises to
this Assembly at their sessions at Hartlbrd in May next.

Upon the memorial of Joseph Hawkins, of the town of Derby

1745.] OP CONNECTICUT. 181

ill the county of New Haven, shewing to this Assembly that
Capt. Moses Hawkins, of Derby aforesaid, to whom was grant-
ed the liberty and privilege to keep the ferry over Stratford
River at Derby, commonly called Hawkins's Ferry, by the
Assembly held at Hartford May, aivno Dom. 1737, was re-
moved at a great distance therefrom, and willing to resign the
liberty and privilege thereof, and that the said memorialist
being well situated and prepared to keep said ferry, and pray-
ing this Assembly to grant unto him, the said memorialist, the
liberty and privilege of keeping said ferry, and also that the
fare of said ferry be the same as the fare of Stratford ferry is
set at, as by said memorial on file may appear : Resolved by
this Assemljly, that the said Joseph Hawkins have the liberty
and privilege of keeping the ferry over Stratford River at Der-
by, commonly called Hawkins's Ferry, and the same is hereby
granted unjo him ; and that the fare thereof shall be the same
as the fare of Stratford ferry is stated and set at.

Upon the memorial of the inhabitants of the parish of Ripton
in the county of Fairfield, shewing to this Assemljly that they
had agreed to build a new presbyterian meeting-house in said
parish, praying for a committee to affix and ascertain the
place to build said meeting-house upon : Resolved by this
Asseml)ly, that Capt. Jolin Fowler, Capt. Nathan Baldwin, of
Milford, and Mr. Gideon Johnson, of Derby, in New Haven
county, be a committee hereby fully impowered to act in the
premises, and to report their doings to this Assembly at their
sessions in May next.

Ordered by this Assembly, That the Treasurer of this Colony
pay out of the Colony treasury twenty-four pounds and three
pence in bills of credit old tenour, to the selectmen of the town
of Fairfield, the said selectmen having expended the like sum
in nursing, tending, &c., Samuel Holmes, one of the souldiers
that was returning from the expedition against Cape Breton,
who was taken sick in said Fairfield.

[338] Upon the memorial of John Smith, Ephraim
Bemis and Edward Tiffany, of Ashford in the county of Wind-
ham, praying to this Assembly tbatthey maybe released from
paying a large bill of cost taxed against them, (^viz:} .£33
17s. 4:d. old tenour, by the county court held at Windham
within and for the county of Windbam on the 4th Tuesday of
August last past, by adjournment, on an information at said
county court preferred against the memorialists for a riot :
Resolved by this Assembly, that the said Smith, Bemis and
Tiffany be, and are hereby, released and discharged from pay-
ing the said sum of £o'd 17s. Ad. taxed against them by said
county court.

182 PUBLIC RECORDS [October,

An Act for raising the Fare of the Ferry commonly called Smith's
(now Timothy Smith s) Ferry.

Be it enacted by the Crovernor, Council and Representatives,
in Creneral Court assembled, and hy the authority of the same,
That the fare of the said ferry, which is across Connecticut River
at or near the southern end of Hartford, called Timothy
Smith's Ferry, shall for the future be as follows, {viz ;) for
man, horse and load, nine pence ; for a man, four pence ; for
an horse, five pence ; for neat cattle, seven pence per head, and
two pence per head for sheep ; and so pro rato for other
things, all in old tenour.

This Assembly grants unto Doctor Normand Morison, for his
salary, the sum of fifty-five pounds old tenour per month for the
future, during the time he shall be improved in the Colony
service at Louisbourg.

This Assembly do establish and confirm Mr. John Randal
to be Captain of the 3d company or trainband in the town of
Stoningtown, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Gershom
Breed to be Lieutenant of the 3d company or trainband in
the town of Stonington, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Benjamin
Randal to be Ensign of the 3d company or trainband in
the towii of Stoningtown, and order that he be commissioned
accordingly.

An Act for stating the Fare of the Ferry over the River of Connecticut
and Rivulet in Windsor granted to Roger Wolcott, Esq.

It is enacted by the Grovernor, Council and Representatives , in
Greneral Court assembled, and. by the authority of the same,
That the fare of the said ferry for carrying horse, man and
load across the said two rivers, shall be twelve pence old
tenour, for each single person six pence, for each single horse
six pence, for neat kind eight pence per head, and two pence
per head for sheep ; and when carried across Connecticut
River only, for man, horse and load Jen pence, for each single
person five pence, for each horse five pence, for neat kind six
pence per head, and two pence per head for sheep.

Upon the petition of William Karr, of Lyme in the county
of New London, against Samuel Mansfield, sheriff of the county
of New Haven, shewing to this Assembly that he brought his
action against said Samuel Mansfieki, sheriff, Ijetbre the county
court held at said New Haven, for letting one James Rhodes
of Wallingford escape out of goal, whom said Karr had caused
to be committed on two executions he had in his favour against
said Rhodes ; further setting forth, that said sheriff pleaded

1745.] OP CONNECTICUT. 183

an order and advice of the Council of War at Hartford for his
suffering said Rhodes to go out of goal, and that said Mans-
[339] field had, by the || final judgment of the superior court
held at New Haven in August last past, obtained cost against
said Karr for £33 6s. Sd., praying that said judgment of the
superior court be set aside and another tryal be allowed, or
that this Assembly order that his said debt and cost, with the
cost oljtained against him by said Mansfield, be paid out of the
publick treasury of this Colony, as is more largely set forth
in said petition : Resolved by this Assembly, that said Karr
have paid to him out of the publick treasury of this Colony
said debt, being thirty pounds, and the cost said sheritf ob-
tained against him, in the whole the sum of sixty-three pounds
six shillings and three pence old tenour bills ; and the Treas-
urer of said Colony is hereby ordered to pay the same to said
Karr or his attorney, taking a receipt therefor.

Resolved hy this Assembly, on the representation of Mr.
Jeremiah Miller, jun"", that the committee appointed for the
adjusting and settling the accounts of the expedition against
Cape Breton do settle accounts with the said Mr. Miller, so
far as is agreeable to the acts which have past this Assembly
and the allowances already directed for the said commissary ;
and as to any further allowances which shall be thought proper
and necessary to be made to him, that the said committee
consider his representations concerning the same, and report
to this Assembly in May next what further allowances they
shall judge proper to be made to him in consideration of his
services.

Resolved hy this Assembly, That the commissaries imployed
in the expedition against Cape Breton draw up the several
accounts of their transactions therein, and avouch them under
oath before some justice of the peace, and send them forthwith
to the Secretary ; and that the respective captains in said ex-
pedition who are returned, or chief commission officer of either
of the companies who is returned, be directed forthwith to
bring in their muster rolls, shewing the time of their souldiers'
inlistment and discharge, and the sum of the wages of each
souldier, to the committee appointed for the settlement and
adjusting the accounts of said expedition ; and the said com-
mittee are directed to draw up their accounts, including the
officers' wages and sums advanced to them, the souldiers'
wages and jjremia, the several grants made by this Assembly
in that aifair, and the billeting bills and other incident charges
allowed by them, and in like manner avouched by said com-
mittee ; and that the committee appointed by this Assembly

184 PUBLIC RECOEDS [October,

draw an account current upon the whole, with an account of
the arms found by this Assembly to be inserted, according to
the premium given to such as found their own arms ; and
that due and authentick attestations be made by his Honour
the Governor and Secretary of such certificates as shall be
necessarily made thereon, so that the whole account of dis-
bursements hitherto made may clearly appear duly authenti-
cated ; and that a representation of the present state of our
charges now advancing upon this Colony be made, in order
to obtain his Majesties favour in the reimbursement thereof.

Resolved by this Assembly, That his Honour the Governour
])e desired to draw and send a letter to the Honourable Peter
Warren, Esq"", acknowledging his favour of the 14th Septem-
ber, 1745, congratulating him upon his success and the honours
conferred upon him by his Majesty in return of his good serv-
ices, and also representing to him tlie advantages that may
accrue to this Colony and the government of Louisbourg by a
good agreement and correspondence between them, and desir-
ing his representations to be made in our favour to his Majesty,
and recommendation to his friends at home to use their inter-
est on our behalf, that we may obtain the reimbursement of
our expences in the expedition against Cape Breton, and due
favours to be conferred on our officers and souldiers imployed
therein.

[340] Upon the memorial of Doct"". John Hart, of Hartford,
representing that he hath been in quality of physician on
board the sloop Defence, on the expedition against Cape
Breton, and that the fifteen pounds per month heretofore pro-
posed to be allowed such physician is, as he conceives, no meet
recompence, and praying such addition as to raise it to 25L
per month, as per liis memorial on file : Resolved by this As-
sembly, that the memorialist be allowed at the rate of twenty
pounds per month for and during the continuance of his above-
said service.

This Assembly do establish and confirm Mr. Thomas
Sloughton to be Lieutenant of the company or trainband in
the town of Torrington, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Ebenezer Ly-
man, juni", to be Ensign of the company or trainband in the
town of Torrington, and order that he be commissioned ac-
cordingly.

This Assembly grants unto the Honourable Jonathan Law,
Esq"", Governour, for his last half year's salary, the sum of
seventy pounds, to be paid in bills of the new tenour.

1745.] OF CONNECTICUT. 185

This Assembly grants imto the Hon^ie Roger Wolcott, Esq"",
Deputy Governour, the sum of forty pounds for his salary this
present year, to be paid in bills of the new tenour.

This Assembly grants unto Timothy Green, printer, for his
salary this present year, the sum of thirty-five pounds new
tenour.

Resolved hy this Assembly, That his Honour the Governour
do draw on the Treasurer of this Colony, to pay to Tliomas
Fitch, Esq'', or John Bulkley, Esq"", who shall undertake to
proceed as an Agent to Great Britain, such sum or sums of
money as shall be necessary to furnish an agent to transact
the affairs committed to him.

Resolved hy this Assembly, That Thomas Fitch, Esq'', of
Norwalk, be appointed, and he is hereby appointed, to be an
Agent for this Colony, to repair with all convenient speed to
Great Britain, with proper powers and authorities to transact
the affair of ol)taining for this Colony the reimbursement of
the expences of the expedition against Cape Breton, with such
other matters and affairs as shall need to be transacted for this
Colony and committed to him by his Honour the Governour
to be transacted during his stay there ; and that his Honour
the Governour and Secretary make a proper power thereon ;
and that his Honour the Governour write to Mr. Agent Pal-
mer on the subject, desiring his friendly assistance, and con-
tinuation of his good offices for us as our stated Agent ; and
that in case the said Thomas Fitch, Esq"", shall refuse to un-
dertake the said affair, or by inevitable providence shall be
prevented in proceeding on the same, this Assembly do ap-
point John Bulkley, Esq'', to be Agent for this Colony, to pro-
ceed on the said affair, with powers, authorities and instruc-
tions as aforedirected for said Thos. Fitch, Esq'".

Ordered by this Assembly, That the Treasurer of this Colony
pay out of the Colony treasury unto Nathaniel Brown, goaler
in New Haven county, for dieting and foes of Nelson, Hurl-
burt and Boyce, who were committed to prison for utte ring-
counterfeit bills, the sum of six pounds four shillings old
tenour bills, taking receipt accordhigiy.

Resolved by this Assembly, That his Honour the Governour
with the Council of War at Milford be impowered, and they
are hereby impowered, to supply our forces in the garrison at
Louisbourg with a chaplain, if need be.

[•341] Resolved hy this Assembly, That the souldiers in the
garrison of Louisbourg belonging to this government be allowed
half a pint of rum a man per diem.

186 PUBLIC RECORDS [May,

This Assembly grants unto the Honourable Jonathan Law,
Bsqr, Governour, for his extraordinary service this last half
year, the sum of fifteen pounds in new tenour bills.

Resolved by this Assembly^ That Joseph Whiting, Esq"",
"Roger Newton, Esq"", Capt. John Hubbard, Mr. John Hitch-
cock, Capt. John Fowler and Mr. Robert Treat, be a commit-
tee to hear the records of this Assembly read off, and see that
they be perfected and signed by the Secretary as compleat.

The several Acts, Grants and Orders of this Assembly, as
they stand entered on the pages of this book next preceding,
were read off in the presence of the committee abovenamed,
and signed as compleat.

George Wyllys, Secret'y.

[342] Anno Regni Regis Gieorgii secujidi decimo-nono .
At a General Assembly holden at Hartford in the County
OF Hartford in [his] Majesties English Colony of Con-
necticut in New England in America, on the second
Thursday of May (being the 8th day of said month,) and
continued by several adjournments until the 31st day
op the same month, annoque domini 1746.
Present :
The Honourable Jonathan Law, Esquire, Governor.
The Honbie Roger Wolcott, Esqf, Deputy Governor.
James Wadsworth, ^ Thomas Fitch,

Nathaniel Stanly, Roger Newton,

Ozias Pitkin, I -r, ^.^ Ebenezer Silliman,

Timothy Pierce, '^ ^ 'Jonathan Trumble,

John Bulkley,

Esq'-s. As-
sistants.

Samuel Lynde,
William Pitkin,

Representatives or Deputies that attended at the Assembly are
as follow, (viz :)
Mr. Joseph Buckingham, Mr. Joseph Talcott, for Hartford.
Colo. Gurdon Saltonstall, Mr. Jeremiah Miller, for New Lou-
don.
Major Thomas Dyer, Capt. Eleazer Cary, for Windham.
Capt. John Fowler, Mr. Robert Treat, for Milford.
Colo. Jonathan Hoit, for Standford.
Mr. John Dixson, Mr. Joseph Palmer, for Voluntown.
Mr. James Bicknal, Mr. William Watkins, for Ashford.
Mr. Thomas Benedict, Capt. Josiah Starr, for Danbury.
Capt. Joseph Phelps, Mr. Joseph Skinner, for Hebron.
Colo. John Dyer, Mr. Stephen Frost, for Canterbury.

1746.] OP CONNECTICUT. 187

Capt. Elnathan Stephens, Capt. Isaac Kelscy, for Killings-
worth .

Mr. Ebenezer Bateman, Mr. Penuel Child, for Killingly.

Capt. Rich. Olmstead, Mr. Sam' Olmstead, for Ridgetield.

Capt. Jedadiah Chapman, Mr. Ambrose Wliittelsey, for Say-
brook.

Mr. John Hitchcock, Capt. Samuel Sherman, for New Haven.

Colo. Andrew Burr, Capt. Samuel Burr, for Fairfield.

Colo. Hez'i Huntington, Mr. Ebenezer Backus, for Norwich.

Colo. William Preston, Mr. Noah Hinman, for Woodberry.

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry.

Capt. Asahel Strong, Mr. John Hooker, for Farmingtown.

Mr. Samuel Fitch, Major James Lockwood, for Norwalk.

Capt. Robert Walker, Capt. David Judson, for Stratford.

Capt. Charles Bulkley, Capt. Nathaniel Foot, for Colchester.

Major Ebenezer Marsh, Capt. Joseph Bird, for Litchfield.

Mr. Joseph Brownson, Mr. Timothy Judd, for Waterbury.

Capt. Moses Hawkins, Mr. Abel Gun, for Derby.

Mr. John Hall, Colo. Benjamin Hall, for Wallingford.

Capt. Thomas Storrs, Mr. William Johnson, for Mansfield.

[343] Mr. Hezekiah Brainerd, for Haddam.

Capt. John Mead, Capt. Israel Knapp, for Greenwich.

Capt. Nath' Harrison, Capt. Robert Foot, for Brandford.

Mr. John Humphrey, Mr. Jolm Case, for Symsbury.

Mr. William Wittar, Capt. Samuel Coit, for Preston.

Colo. John Chester, Mr. Elisha Williams, for Weathersfield.

Colo. Christopher Avery, Mr. John Ledyard, for Groton.

Mr. John Griswould, Mr. Richard Lord, for Lyme.

Capt. Roger Wolcott, Capt. Pelatiah AUyn, for Windsor.

Mr. Ebenezer Holbrook, Capt. Noah Sabin, for Pomfrett.

Mr. Noadiah Brainerd, for East Haddam.

Mr. Ebenezer West, Major Joseph Fowler, for Lebanon.

Colo. Samuel Hill, Capt. Timothy Stone, for Guilford.

Mr. David Noble, Mr. Samuel Canfield, for New Milford.

Colo. Thomas Welles, Capt. Jonath. Hale, for Glassenbury.

Mr. Simeon Minor, Capt. John Breed, for Stonington.

Major Elihu Chauncey, Mr. James Wadsworth, for Durham.

Mr. John Crery, Mr. William Marsh, for Plainfield.

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown.

Colo. Samuel Hill, Speaker ) of the House of Represen-
Capt. John Fowler, Clerk ) tatives.

This day being appointed by the royal charter and the laws

of this Colony for the election of the publick officers of the

Colony, (viz:') Governor, Deputy Governor, Assistants, Treas-
urer and Secretary, — proclamation was made, and the free-

188 PUBLIC RECORDS [May,

men proceeded to give in their votes to persons appointed by
the Governor, Council and Ropreseiitatives, to receive, sort
and count them ; (which persons were, Nathaniel Stanly,
Timothy Pierce, Samuel Lynde, William Pitkin, Thomas
Fitch, Roger Newtoji, Ebenezer Silliman, Jonathan Trumble,
Esqfs, Mr. Joseph Buckingham, Mr. Robert Treat, Major Elihu
Chauncey, Mr. Richard Lord, Colo. Jonathan Hoit, Colo.
Thomas Welles, Capt. Samuel Burr, Mr. Ebenezer West, and
Colo. John Dyer,) who were all sworn to a faithful discharge
of that trust. And the freemen's votes being brought in,
sorted and counted.

The Honourable Jonathan Law, Esq"", was chosen Governor
of this Colony for the year ensuing, and the Governor's oath
prescribed by the law of this Colony, and the oath required by
act of Parliament, relating to trade and navigation, were ad-
ministered to him by liis Honour the Deputy Governor, in the
presence of the Asseml)ly.

The Hon^ie Roger Wolcott, Esq!", was chosen Deputy Gov-
ernor of this Colony the year ensuing, and was sworn accord-
ing to law by his Honour the Governor, in the presence of the
Assembly.

James Wads worth. Esq"", Thomas Fitch, Esq"",

Nathaniel Stanly, Esq'", Roger Newton, Esq"",

Ozias Pitkin, Esq^ Ebenezer Silliman, Esqi",

Timothy Pierce, Esq"", Jonathan Trumble, Esq'",

Samuel Lynde, Esq'", John Bulkley, Esq"",

William Pitkin, Esqf, Andrew Burr, Esq*",

were chosen Assistants for the year ensuing, and had the As-
sistant's oath, provided by law, administered to them by his
Honour the Governor.

John Whiting, Esq"", was chosen Treasurer of this Colony
the year ensuing, and had the Treasurer's oath, provided by
law, administered to him by his Honour the Governor.

[344] George Wyllys was chosen Secretary of this Colony
for the year ensuing, and had the Secretary's oath, provided by
law, administered to him by his Honour the Governor, in the
presence of the Assembly.

Resolved by this Assembly^ That Roger Newton, Esq"", and
Mr. John Hall return the thanks of this Assembly to the Rev^
Mr. Samuel Hall, for his sermon preached before this Assem-
bly on the 8th of instant May, and desire a copy thereof, that
it may be printed.

This Assembly do appoint the Honourable Roger Wolcott,
Esq'", Chief Judge of the Superior Courts in this Colony the
year ensuing.

1746.] OF CONNECTICUT. 189

This Assembly do appoint James Wadsworth, Esqr, William
Pitkin, Escf, Ebenezer Silliman, Esq--, and John Bulkley,
Esq"", to be Judges of the Superior Courts in this Colony the
year ensuing.

This Assembly do appoint William Pitkin, Esqs to be Judge
of the County Court in and for the county of Hartford the
year ensuing.

This Assembly do appoint Roger Newton, Esqs to be Judge
of the County Court in and for the county of New Haven the
year ensuing.

This Assembly do appoint Samuel Lynde, EsqS to be Judge
of the County Court in and for the county of New London the
year ensuing.

This Assembly do appoint Andrew Burr, Esq% to be Judge
of the County Court in and for the county of Fairfield the
year ensuing.

This Assembly do appoint Jonathan Trumble, Esq"", to be
Judge of the County Court in and for the county of Windham
the year ensuing.

This Assembly do appoint Joseph Buckingham, Esq"", to
be Judge of the Court of Probate in the district of Hartford
the year ensuing.

This Assembly do appoint Joseph Whiting, Esq"", to be
Judge of the Court of Probate in the district of New Haven
the year ensuing.

This Assembly do appoint John Richards, Esq^, to be
Judge of the Court of Probate in the district of New London
the year ensuing.

This Assembly do appoint Ebenezer Silliman, Esq ■", to be
Judge of tlie Court of Probate in the district of Fairfield the
year ensuing.

This Assembly do appoint Timothy Pierce, Esq^, to be
Judge of the Court of Probate in the district of Windham the
year ensuing.

This Assembly do appoint Samuel Hill, Esq"", to be Judge
of the Court of Probate in the district of Guilford the year
ensuing.

This Assembly do appoint Joseph Minor, Esq"", to be Judge
of the Court of Probate in the district of Woodbury the year
ensuing.

This Assembly do appoint John Bulkley, Esq% to be Judge
of the Court of Probate in the district of East Haddam the
year ensuing.

190 PUBLIC RECORDS [May,

This Assembly do" appoint Ebenezer Marsh, Esq"", to be
Judge of the Court of Probate in the district of Litchfield the
year ensuing.

This Assembly do appoint Thomas Benedict, Esq^, to be
Judge of the Court of Probate in the district of Danbury the
year ensuing.

This Assembly do appoint Jonathan Hoit, Bsqs to be Judge
of the Court of Probate in the district of Standford the year
ensuing.

This Assembly do appoint Samuel Hill, Benjamin Hall,
John Southraaid,and John Fowler, Esqf^, to be Justices of the
Peace and Quorum in and for the county of New Haven the
year ensuing.

[345] Tins Assembly do appoint Robert Treat, John Riggs,
Samuel Bassett, Samuel Riggs, Roger Brownson, Samuel
Canfield, Nathi. Bostwick, John Williams, Joseph Whiting,
Samuel Bishop, Isaac Dickerman, John Hubbard, John
Hitchcock, John Russell, Jonathan Russell, Andrew Ward,
Thomas Hotchkins, Samuel Hopson, Timothy Stone, Elihu
Chauncey, Theophilus Yale, Samuel Hall, Elihu Hall, Ezekiel
Royce, Thomas Clark, Thomas Chipman, Nathan Baldwin,
Deodate Davenport, and Samuel Hutchinson. Esq^s, to be
Justices of the Peace in and for the county of New Haven the
year ensuing.

This Assembly do appoint Edmund Lewiss, John Thompson,
Jonathan Hoit, and William Preston, Esq^^to be Justices of the
Peace and Quorum in and for the county of Fairfield the year
ensuing.

This Assembly do appoint Samuel Sherwood, Thaddeus Burr,
Moses Dimon, jun""., John Read, Samuel Hanford, James
Lockwood, Samuel Fitch, Samuel Hoit, Jonathan Maltbie,
Nathaniel Peck, James Beebe, Thomas Benedict, James Ben-
edict, Richard Olmstead, Thomas Tousey, Job Sherman,
Joseph Minor, Noah Hinman, Joseph Blackleach, Samuel
Addams, Robert Walker, Jabez Mead, John Burr (captain,)
and Ephraim Hubbell, Esqi'S to be Justices of the Peace in and
for the county of Fairfield the year ensuing.

This Assembly do appoint Ebenezer West, Shubael Conant,
and John Dyer, Esq^s to be Justices of the Peace and Quorum
in and for the county of Windham the year ensuing.

This Assembly do appoint Joseph Strong, Joseph Leavinze,
Leicester Grosvenor, Joseph Cadey, Thomas Storrs, Peter
Buel, John Crery, Joseph Fowler, Thomas Tiffany, Gershom
Clark, Nathaniel Huntington, Nathaniel Wales, Ebenezer
Holbrook, Joseph Palmer, Eliphalet Dyer, John Smith jun^.^

1746.] OF CONNECTICUT. 191

James Bicknall, Samuel Danielson, and Joseph Clark, Esqi's,
to be Justices of the Peace in and for the county of Windham
the year ensuing.

Tliis Assembly do establish and confirm Mr. John Hotchkiss
to be Captain of the south company or trainband in the parish
of New Cheshire, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Ephraim Cook
to be Lieutenant of the south company or trainband in the
parish of New Cheshire, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Amos Hotch-
kiss to be Ensign of the south company or trainband in the par-
ish of New Cheshire, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. David Good-
rich to be tCnsign of the 4th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Robert Walker
to be Captain of the north end company or trainband in the
town of Stratford, and order that he be commissioned accord-
ingly.

This Assembly do establish Mr. John Lewiss to be Lieuten-
ant of the north end company or trainband in the town , of
Stratford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Stiles Curtiss
to be Ensign of the north end company or trainband in the
town of Stratford, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Dan Troop to
be Cornet of the Troop of Horse in Lebanon, &c., and order
that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Benjamin Dav-
enport to be Quarter-Master of the Troop of Horse in Lebanon,
&c., and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joshua Abell
to be Captain of the 2d company or trainband in the town of
Norwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Richard Hide
to be Lieutenant of the second company or trainband in the
town of Norwich, and order that he be commissioned accord-
ingly.

192 PUBLIC RECORDS [May,

This Assembly do establish and confirm Mr. Benjamin
Spaulding to be Ensign of the 1st company or trainband in the
11th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Nathan Hiirl-
burt to be Lieutenant of the 3d company or trainband in the
town of Woodberry, and order that he be commissioned ac-
cordingly.

[346] This Assembly do establish and confirm Mr. Roger
Wells to be Lieutenant of the 10th company or trainband in
the 6th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Samuel Chur^
chil to be Ensign of the 10th company or trainband in the
6th regiment in the Colony, and order that he be commission-
ed accordingly.

This Assembly do establish and confirm Mr. Josiah Willard
to be Captain of the 10th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Pitkin
to be Captain of the 3d company or trainband in the town of
Hartford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. William
Williams to be Lieutenant of the 3d company or trainband in
the town of Hartford, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Stephen
Olmstead to be Ensign of the 3d company or trainband in the
town of Hartford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Eleazer Hub-
bell to be Lieutenant of the company or trainband in the
north society in New Fairfield, and order that he be commis-
sioned accordingly.

Tliis Assembly do establish and confirm Mr. Thomas Bene-
dict to be Captain of the first company or trainband in the
town of Norwalk, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Taylor to
be Lieutenant of the first company or trainband in the town
of Norwalk, and order that ho be commissioned accordingly.

This Assembly do establish and confirm Mr. Isaac Sherwood
jun"', to [be] Ensign of the 1st company or trainband in the

1746.] OF CONNECTICUT. 193

town of Norwalk, and order that he be commissioned accord-
ingly-

This Assembly do establish and confirm Mr. Samuel
Addams to be Ensign of the second company or trainband in
the 11th regiment in tliis Colony, and order that he be com
missioned accordingly.

This Assembly do establish and confirm Mr. Stephen
Covell to be Lieutenant of the fourth company or trainband in
the 11th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Benjamin Ca-
dey to be Ensign of the 4th company or trainband in the 11th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel Dan-
ielson to be Captain of the company or trainband in the 1st
or south society in Killingly, and order that he be commission-
ed accordingly.

This Assembly do establish and confirm Mr. Eleazer Warren
to be Lieutenant of the company or trainband in the 1st or
south society in Killingly, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Silas Hutchins
to be Ensign of the company or trainband in tlie first or
south society in Killingly, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Aaron Eliott
to be Ensign of the 1th company or trainband in the 7th regi-
ment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Hulls
to be Lieutenant of the 1st company or trainband in the town
of Derby, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Hide to
be Caj tain of the 3d company or trainband in the town of
Norwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Ephraim
Kingsbury to be Lieutenant of the 3d company or trainband
in the town of Norwich, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Peck
to be Ensign of the 3d company or trainband in the town of
Norwich, and order that he be commissioned accordingly.

194 PUBLIC RECORDS [May,

This Assembly do establish and confirm Mr. Caleb Ailing
to be Lieutenant of the first company or trainl)and in the
town of New Haven, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. James Peckjun"".
to be Ensign of the first company or trainband in the town of
New Haven, and order that he be commissioned accordingly.

[347] This Assembly do establish and confirm Mr. Joseph
Ranney to be Captain of the 5th company or trainband in the
6th regiment in this Colony, and order that he be commission-
ed accordingly.

This Assembly do establish and confirm Mr. Joseph Savage
to be Lieutenant of the 5th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Benjamin But-
ler to be Ensign of the 5th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Henry Peck
to be Lieutenant of the westermost company or trainband in
the town of Milford, and order that he be commissioned ac-
cordingly. '

This Assembly do establish and confirm Mr. Theophilus
Miles to be Ensign of the westermost company or trainband
in the town of Milford, and order that he be commissioned
accordingly.

This Assembly do estalilish and confirm Mr. Abraham
Brooks, of Haddam, to be Lieutenant of the 11th company or
trainband in the 7th regiment in this Colony, and order that
he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Hubbard
to be Ensign of the 11th company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Mathew Bene-
dict to be Captain of the company or trainband in the town
of Ridgefield, and order that he be commissioned accordingly.

This Assembly do establish and* confirm Mr. Joseph Hawley
to be Lieutenant of the company or trainband in the town of
Ridgefield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jonah Smith
to be Ensign of the company or trainband in the town of
Ridgefield, and order that he be commissioned accordingly.

1746.] OF CONNECTICUT. 195

This Assembly do establish and confirm Mr. Benjamin
Lothrop to be Captain of the Troop in the 3d regiment in this
Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Hntchins
to be Lieutenant of the Troop in the 3d regiment in this Colo-
ny, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Ebenezer
Hartshorn to be Cornet of the Troop in the 3d regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Carew
to be Quarter-Master of the Troop in the 3d regiment in this
Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Mix to
be Lieutenant of the 5th company or trainband in the town
of Norwich, and order that he be commissioned accordingly.
This Assembly do establish and confirm Mr. Joseph Williams
junr. to be Ensign of the 5th company or trainband in the
town of Norwich, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Samuel Gordon
to be Lieutenant of the first company or trainband in the
town of Voluntown, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Nathaniel Gil-
bert to be Captain of the '. th company or trainband in the 5th
regiment, and order that he be commissioned accordingly.

Tliis Assembly do establish and confirm Mr. Samuel Rust
to be Lieutenant of the 9th company or trainband in the 5th
regiment in this Colony, and order that he be commissit»ned
accordingly.

This Assembly do establish and confirm Mr. Jonathan Porter
to be Ensign of the 9th company or trainband in the 5th reg-
iment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do appoint Thomas Welles, John Chester,
Henry Allyn, Jabez Hamlin, Esq'^, to be Justices of the Peace
and Quorum in and for the county of Hartford the year ensuing.

This Assembly do appoint David Goodrich, Joseph Bucking-
ham, Joseph Talcott, George Wyllys, Roger Wolcott jun"".,
Edward Bulkley, Giles Hall, Joseph White, Thomas Johnson,
William Wadsworth, Thomas Hart, Jolin Hart, Asahel Strong,
JohnHumphrey, Joseph Wilcoxson, 2d, Jonathan Hale, Heze-
kiah Brainerd, Jabez Chapman, Nathaniel Foot, Epaphras Lord,
Benjamin Skinner, Joseph Phelps, Thomas Pitkin, Zebulon

196 PUBLIC RECORDS [May,

West, Ebenezer Marsh, Timothy Hatch, George Holloway,
David Whitney, John Beach, Ebenezer Lyman, Isaac Kellogg,
Joseph Bird, Stephen Horsmer, jun'"., Thomas Hart, Samuel
Dimmock, William Wolcott,jun'"., Daniel Bissell, Seth Wet-
more, EsqJ's, to be Justices of the Peace in and for the county
of Hartford the year ensuing.

[348] This Assembly do establish and confirm Mr. Joshua
Hutchins to be Captain of the fourth company or trainband
in the town of Norwich, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Perkins
to be Lieutenant of the fourth company or trainband in the
town of Norwich, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Jacob Perkins
to be Ensign of the fourth company or trainband in the town
of Norwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Thomas Holmes
to be Lieutenant of the sixth company or trainband in Ston-
ingtown, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Hooker
to be Lieutenant of the first company or trainband in the
town of Parmingtown, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. William Wads-
worth jun^ to be Ensign of the 1st company or trainband in
the town of Parmingtown, and order that he be commissioned
accordingly.

Tlvs Assembly do establish and confirm Mr. Thomas Hea-
cock to be Captain of the first company or trainband in Water-
bury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. William Sco-
vel to be Lieutenant of the first company or trainband in
Waterbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Nathaniel
Arnold to be Ensign of the first company or trainband in
Waterbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Come-
stock to be Captain of the od company or trainband in the
town of New London, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. David Copp to
be Lieutenant of the Bd company or trainband in the town of
New London, and order that he be commissioned accordingly.

1746.] OF CONNECTICUT. 197

This Assembly do establish and confirm Mr. Daniel Fitch to
be Ensign of the 3d company or trainband in the town of
New London, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Starr
to be Captain of the first company or trainband in the town of
New London, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Harris
the 2d to be Ensign of the first company or trainband in the
town of New London, and order that he be commissioned ac-
cordingly.

This Assembly do appoint John Griswould, Cluistopher
Avery, Isaac Hnntington, and Jeremiah Miller, Esq""*, to be
Justices of the Peace and Quorum in and for the county of
New London the year ensuing.

This Assembly do appoint Richard Lord, Joshua Hemp-
stead, John Richards, Joshua Raymond, Daniel Coit, Stephen
Lee, Jabez Hide, Samuel Lothrop, Humphrey Avery, Jedadiah
Tracey, Nathaniel Brown, Samuel Morgan, John Whiting,
Joseph Denison, Simeon Minor, Nathan Cheesbrough, Lulie
Perkins, John Ledyard, Thomas Lee, Daniel Ely, Elisha Shel-
den, Nathaniel Clark, Jedadiah Chapman, John TuUey, Abra-
ham Pierson, John Lane, Daniel Huntington, Gurdon Salton-
stall, Ebenezer Backus, Benjamin Gale, Ambrose Whittelsey,
and Isaac Kelsey, to be Justices of the Peace in and for the
county of New London for the year ensuing.

This Assembly do appoint William Pitkin, Jonathan Trum-
ble, Esqrs, Colo. Thomas Welles, Capt. Asahel Strong, Capt.
Timothy Stone, Mr. Thomas Benedict, Colo. Christopher
Avery, and Mr. James Bicknal, to be Auditors to audit the
publick accounts with the Treasurer, and make report to the
Assembly.

It is resolved hy this Assembly, That all the souldiers or
sailors that have arrived or shall arrive from Cape Breton in
the Colony's service that have or shall fall so sick before they
arrive at their several homes as that they become proper sub-
jects of a hospital, shall be provided for at the cost of this
Colony as if in a hospital, altho' carried and provided for
at their own homes or elsewhere. All matters relating
[349] hereto to be determined by the committee for taking care
of the sick at New London, or the committee forpaying the
souldiers wages at Hartford ; and for all such sums as shall by
either of the said committees be judged reasonable to be al-
lowed shall by the said committee for payment of wages be
drawn for on the Colony Treasurer, and be by him paid ac-
cordingly.

198 PUBLIC RECORDS [May,

Resolved hy this Assembly, That Colo. John Whiting be ap-
pointed, and is hereby appointed, to take under his command
all the officers and soiildiers now raised upon the present ex-
igency, to relieve, guard and defend our frontier towns, and to
pursue, attack and destroy any of the common enemy, and to
draw off all or part of the force now sent up with him when
he shall judge proper, and to make the necessary dispositions
of the said officers and souldiers for the defence of our
frontiers, and for the pursuit and annoyance of the enemy,
and to attend the future orders of the Council of War, and
that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Denison
to be Lieutenant of the south company or trainband in the
town of Lyme, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Richard Wait
to be Ensign of the south company or trainband in the town
of Lyme, and order that he be commissioned accordingly.

This Assembly do advise and desire the Committee of War
in the county of Hartford, immediately to order a fort to be
built in the* northwesterly part of Salisbury, including the
house of the Reverend Mr. Jonathan Lee, or of Mr. Thomas
Bailis, as shall be thought best, in the same manner as the
forts already ordered to be built by said committee.

This Assembly do impower and direct Titus Hurlburt, Cap-
tain of the Battery at New London, to inlist twenty volun-
teers as souldiers under his command, for the taking care of
and management of the said battery, and to hold themselves
in readiness for said service at all times on half an hours
warning, wliich he is to inlist in equal proportion out of the
two military companies in the town plot in New London ; who
being so inlisted and duly attending said service when called
thereunto, shall be excused from other military duty and ser-
vice, and shall be allowed wages for two days in each month
during their continuance in the said service ; such exemption
and wages to be allowed for five months only, beginning on
the first of June next.

An Act in Addition to an Act intituled An Act relating to the Bounds
of ToTvns and particular Persons.

Be it enacted hy the Governor^ Council and Representatives,
in General Court assembled, and by the authority of the same,
That all actions that shall hereafter be brought for and con-
cerning the non-perambulating bounds between towns and par-
ticular persons shall be brought to the county court, and that
there shall be the same liberty of appeals and reviews as in the

1746.] OF CONNECTICUT. 199

title of land ; any law, usage or custom to the contrary notwith-
standing.

An Act in Addition to the Law intituled An Act for the impowering of

Persons to take Care of and improve Estates for

the Support of the Ministry.

Whereas in the last paragraph of said act respecting parts
of societies made and constituted out of two or more adjoyn-
ing towns, there is no particular direction given how such
parts of societies shall from time to time warn their meetings :
Therefore,

Be it enacted hy the Grovernor, Council and Representatives^
in Ge7ieral Court assembled, and hy the authority of the same.
That for the future the committee for the time being ap-
pointed to take care of and improve the interests belonging
to such part of societies, are impowered to warn such meet-
ings and appoint time and place for that purpose ; and in case
the said committee shall neglect or refuse to warn such meet-
ings, that then any five of the inhabitants of such parts of
societies making application to the clerk, desiring such meet-
[350] ing II may be warned, the said clerk shall set up a
warning in some proper place or places in such parts of socie-
ties, therein appointing time and place of meeting, at which
meetings the inhabitants of such parts of societies may pro-
ceed to act in any matters proper for them to act in : pro-
vided no such meeting be held within less than five days after
warning given or set up as aforesaid, and that no. person be
allowed to vote or act in such meeting that is not qualified to
vote in society meetings, or that doth not belong to and pay
towards the support of that ministry for the support and
maintenance whereof the distinct interests belonging to such
parts of societies have been or shall be granted, given or se-
questered.

And it is further enacted hy the authority aforesaid, That
where any such parts of a society have not already formed
themselves, they shall have liberty and are hereby directed to
take the same method to form themselves as societies by law
are directed to take ; any law, usage [or] custom to the con-
trary in anywise notwithstanding.

Upon the memorial of Capt. Titus Hurlburt, of New Lon-
don, therein shewing that he had the care and charge of the
battery and stores in said New London committed to him,
with a commission therefor from this Assembly, all which he
had faithfully performed, and that he had not had any con-
sideration therefor for the space of three years last past, &c.:
Granted by this Assembly, that there be paid out of the pub-
lick treasury of this Colony unto the said Titus Hurlburt the

200 PUBLIC RECORDS [May,

sum of one hundred and twenty pounds old tenour, in full
satisfaction for his service aforesaid.

Upon the report of the committee of this Assembly for af-
fixing a place for building a presbyterian meeting-house in the
society of Ripton in the township of Stratford, reporting to
this Assembly that they have set up a stake with stones about
it at the north end of Acquanquage Plain, near where the
school-house stands, near the side of the hill where the paths
meet to go over the river : This Assembly do approve of the
doings of said committee, and order that a meeting house by
said society be built upon the place pitcht upon by the com-
mittee.

Upon the memorial of Nathaniel Kingsberry and others,
living in the southern parts of the first and second societies
in the town of Coventry, and others living at the north end
of the second society of Lebanon and at the northeast part of
Hebron, praying to this Assembly that they may be set off as
a distinct ecclesiastical society, &c.: Resolved by this As-
sembly, that Messrs. Joseph Talcott, Jonathan Hills, of Hart-
ford, and Daniel Bissell, of Windsor, be a committee to re-
pair to said place and notify all persons concerned, view the
circumstances of the memorialists, and to make their report
of their opinion in the premises to this Assembly in October
next.

Upon the memorial of John Baker, agent for the society or
parish of Roxberry in the township of Woodberry, represent-
ing the infant state of said parish and the burthensome
charges the itihabitants of said parish are at in supporting the
gospel ministry in the same, and that they are now beginning
to build a meeting-house for the worship of God, &c., and
praying that all the lands unimproved in said parish may be
assessed for the furthering and finishing said meeting-house in
said parish, &c.: Resolved and declared by this Assembly,
that all the said unimproved lands lying in the said parish of
Roxberry shall be assessed at six pence old tenour per acre for
the space of four years, to commence next after the rising of
this Assembly, to be collected and improved annually for the
furthering and finishing of the said meeting-house in said
parish ; and that Daniel Castle, one of the inhabitants of said
society, is appointed and impowered to collect and deliver the
same into the hands of the committee of said parish for the
time being, to be improved for the purpose aforesaid.

On the memorial of Monmouth Lownsberry and Sellick
Holly, praying this Assembly for relief for two bonds for in-
terest money, paid to the Treasurer thro' mistake : Resolved

1746.] OF CONNECTICUT. 201

by this Assembly, that the Treasurer of this Colony pay to
the said Monmouth Lownsberry the sum of one pound sixteen
shillings and five pence in silver money at eight shillings
per ounce, and to the said Sellick Holly the sum of twenty-
four shillings and four pence like money, out of the treasury
of this Colony.

[351] On the memorial of John Woodworth, of Norwich,
shewing to this Assembly that in the expedition at Cape Bre-
ton he received a shot, by which he has lost one of his eyes,
which occasioned great loss of time, costs and damages to him,
praying for relief : Resolved by this Assembly, that seventy
pounds in bills of publick credit old tenour be paid out of
the publick treasury of this Colony to the said John Wood-
worth, in satisfaction for his charge of cure, loss of time, and
damages.

Upon the memorial of the inhabitants of the town of Tor-
rington, shewing that by a lawful majority they had voted and
declared it necessary to build a meeting-house in said town,
&c.: Resolved by this Assembly, that Ebenezer Marsh and
Joseph Bird, Esq""*, of Litchfield, and Nathaniel Baldwin, of
Goshen, be, and they are hereby, appointed a committee to
repair to said Torrington, and there having sufficiently
viewed, and heard the said inhabitants touching the most
suitable and convenient place to erect such house upon, they
are thereupon to ascertain such place as by them shall be
found best for said purpose, by erecting some sufficient monu-
ment thereon ; and of such their doings to make report to
this Assembly, either in their present sessions or sessions at
New Haven in October next.

Upon the memorial of John Warner, Jolin Sutlief and
Joseph Clark, a committee for the society of Northberry in
the town of Waterbury, praying that their collector may be
authorized to gather the tax upon the unimproved lands in
said society for building a meeting-house, as by the memorial
on file : This Assembly do authorize and impower Caleb
Humerstone, of said society, to collect and gather said tax.

Upon the memorial of the first or middle society in the town of
Killingly, praying to this Assembly for a committee to affix
and state a place for said society to build a meeting-house on :
This Assembly do appoint Mr. Penuel Doming, Capt. John
Daniels, and Mr. Thomas Dresser, all of Pomfrett, a commit-
tee to repair to said society, at the charge of the memorialists,
and give publick notice to the inhabitants of said society,
and view their circumstances, and hear all persons concerned
in the premises, and affix and state a place for the said society
26

202 PUBLIC RECORDS [May,

to build a meeting-house on, and to make report of their do-
ings in the premises to this Assembly in their present sessions
or at their sessions in October next.

I Upon the memorial of Hannah Thompson, of New Haven in
the county of New Haven, administratrix on the estate of Jo-
seph Thompson, late of New Haven, deceased, representing to
this Assembly that the debts due from the estate of said de-
ceased surmounts the moveables the sum of £254 4s. lid.;
praying this Assembly to grant liberty to sell so much of the
real estate of the said deceased as is necessary to pay said
debts and the charges arising on said sale, and to appoint some
meet person to do the same : It is resolved by this Assembly,
that Thomas Stephens, of said New Haven, be impowered to
sell so much land of the said deceased as is necessary for the
purposes aforesaid, taking the direction of the court of probate
in the district of New Haven therein.

Upon the memorial of Aaron Cook, Abel Munson, Stephen
Todd, Merriman Munson, Enos Benham, Amos Johnson, Ben-
jamin Cook, Samuel Negus and Caleb Culver, all inhabitants
of the first society in Wallingford, shewing this Assembly that
they are remote from the publick worship in said Wallingford
and conveniently situate to the 3d society in Brandford, and
praying that they with their estates might be annexed to the
said 3d society in Brandford: Resolved by this Assembly, that
the above memorialists be with their estates annexed to the
said third society in Brandford, and they are hereby annexed
to said society accordingly.

Upon the memorial of Caleb Wheeler and Obadiah Wheeler,
both of Woodberry in the county of Fairfield, administrators
on the estate of Seth Wheeler, late of said Woodberry, de-
ceased, representing to this Assembly that the debts due from
the estate of said deceased surmount the personal estate the
sum of £61 Is. 8d.; praying this Assembly to grant liberty to
sell so much of the land of the deceased as to make the said
sum of £61 7s. 8d. and the charges arising upon said sale:
Whereupon it is resolved by this Assembly, that the prayer of
the memorialists is granted, and that the memorialists and
Mr. Samuel Sherman, of said, Woodberry, be impowered to
sell so much land of the said deceased as is necessary for the
purposes aforesaid, taking the direction of the court of probate
in the district of Woodberry.

[352] Whereas this Assembly, at their sessions in May
last, upon the memorial of the inhabitants of New Cambridge,
resolved that Capt. Giles Hall, Major Jabez Hamlin and Cap-
tain Thomas Johnson, should be a committee impowered and

1746.] OF CONNECTICUT. 203

directed to repair to the said parish, to notice all persons con-
cerned, view the circumstances of said parish, and affix the
place for building a meeting-house, and report their doings to
said Assembly in October last : but forasmuch as the said com-
mittee did never make any report on the premises according
to said act and directions therein given : It is therefore re-
solved by this Assembly, that the same committee be again
appointed, impowered and directed, to repair to said parish,
first notifying all persons concerned, to view the circum-
stances and affix the place for the building a meeting-house
in the same, and make report of their doings to this Assembly
in October next.

Whereas the society of North Stratford by their memorial
have represented to this Assembly their unhappy and divided
circumstances, and that frequent applications have been made
to the reverend association of the eastern district of the county
of Fairfield, for their advice and directions in supplying the
pulpit in said society with a gospel minister, and that their en-
deavours have been attended with no success ; and thereupon
praying to this Assembly for assistance and direction : and
whereas this Assembly on consideration of the matters afore-
said do apprehend the said difficulties have arisen rather from
some different sentiments and misapprehensions which the
parties concerned have had and conceived in those matters
than any intention or design in any persons concerned therein
to embarrass, the attempts of said society, and hoping that if
mild and moderate measures be pursued the difficulties sub-
sisting in said society may in a good measure subside ; and
this Assembly having a tender regard to the welfare of said
society, and greatly desirous that a good understanding may
be promoted and maintained l)etween the reverend association
aforesaid and that people, as well as among the 'members of
said society ; and being at all times concerned to preserve and
support our ecclesiastical constitution, do recommend to the
said reverend association, as an expedient on their part in or-
der to remove such difficulties as are subsisting in said society,
to request the assistance and advice of such of their reverend
brethren of some other association as they shall judge will be
most serviceable in promoting the settlement of that unsettled
people, when the said society shall apply for advice ; and do
also recommend it to said society to endeavour to lay aside all
animosities and uncbaritable and party spirits, and to unitedly
pursue proper and regular methods for a peaceable settlement
of a gospel minister among them; and, as an expedient to ac-
complish said end, do appoint Ebenezer Silliman, Andrew

204 PUBLIC RECORDS [May,

Burr and Thaddeus Burr, Esqi's, or any two of them, a com-
mittee to repair to said society, and by all proper ways and
means to endeavour to restore peace, good order and unanim-
ity among them, in order for their comfortable settlement of a
gospel minister there ; which committee are directed to attend
and assist in said affair on the invitation and at the cost of the
memorialists.

Upon the- memorial of Gideon Arnold, of Mansfield, admin-
istrator on the estate of Mr. John Arnold, late of said Mans-
field, deceased, representing to this Assembly that the debts
against said estate surmount the moveable estate the sum of
.£553 Os. 3c^., and praying for leave and authority to sell so
much of the real estate of the said John Arnold as shall an-
swer the said sum of <£553 0.s. 3c?. of debts, &c., as by the me-
morial on file : This Assembly grants and orders, that so much
of the real estate of the said John Arnold be sold as will an-
swer the aforesaid sum of X553 Os. 3c?. with the incident
charges, and that the same be sold by the said Gideon Arnold
and Mr. John Porter of said Mansfield, by the advice of the
court of probate of Windham county.

Upon the memorial of John Clark, Ebenezer Clark and
others, inhabitants of the third society in Midletown living in
the eastermost part of said society, praying this Assembly that
they with other inhabitants living in the eastermost part of said
[353] society may be made a distinct ecclesiastical society,
with such privileges as by law allowed : Resolved by this As-
sembly, that the memorialists, with all the inhabitants that
live in the bounds hereafter mentioned, be a distinct ecclesi-
astical society, with such privileges as by law allowed to so-
cieties in this Colony ; and the bounds and districts thereof
shall be, (yiz:^ Beginning at the northeast corner of Midle-
town bounds'next to Pine Swamp alias West Chester society,
and from thence west to the rear of the long lots, then run-
ning northerly by the rear of said lots to the great highway,
then turning and running west by the said highway to a high-
way that runs northerly by the hill called the great hill, then
running in said highway to the end of said hill, then running
on the top of the hill aforesaid until it intersects the three
mile division, then running northerly by said division until it
comes to Canfield's northwest corner, then east to Canfield's
northeast corner, then running northerly by a highway to
Glassenbury line, then east by Glassenbury bounds to Colches-
ter bounds, then running southerly by Colchester bounds to
said West Chester society bounds, then to the first mentioned
corner ; and the said society shall be known by the name of
East Hampton.

1746.] OF CONNECTICUT. 205

Upon the memorial of the inhabitants of the north end of
Voluntown, extending as far south as the highway that comes
from Providence to James Edmonds's mills and then westerly
including the said James Edmonds and Mathew Patrick and
Robert Thompson, praying this Assembly for liberty to hire
an orthodox minister to preach to them four months in the
year, {viz:') the months of December, January, February and
March, with exemption from ministerial charge in the said
town of Voluntown, for such term of time as they shall hire a
minister among themselves in the months aforesaid : Resolved
by this Assembly, that said inhabitants shall have liberty to
hire an orthodox minister to preach among themselves for the
future during the pleasure of this Assembly in the months
abovesaid, with exemption from all ministerial charges in said
Yoluntown for such term of time only as they shall so hire a
minister as abovesaid.

Upon the memorial of the inhabitants of Voluntown living
south of Pauchauge River in said town, praying this Assem-
bly for liberty to hire an orthodox minister to preach to them
four months in the year, (viz:') tlie months of December, Jan-
uary, February and March, witli exemption from ministerial
charge in the said town of Voluntown for such term of time
as they shall hire a minister among themselves in the months
aforesaid : Resolved by this Assembly, that said inhabitants
shall have liberty to hire an orthodox minister to preach
amongst themselves for the future during tlie pleasure of this
Assembly in the months abovesaid, with exemption from all
ministerial charge in said Voluntown for such term of time
only as they shall so hire a minister as aforesaid.

Tliomas Stow, of Midletown, vs. James Evarts, of Guilford.

The said Stow by his petition complained to this Court at their
sessions in October last of a judgment given in favour of the said
Stow against the said Evarts in the superior court held in Hart-
ford on the first Tuesday of March, A. D. 174f , in regard the
damages given in said case were too small, and alledged that in
equity he ought to have of the said Evarts a much larger sum,
and thereupon prayed for relief in equity in said case, and
this Court, in October aforesaid, appointed a committee to en-
quire into the matters in said petition and make report to this
Assembly of what they should find, with their opinion thereon ;
which committee having enquired into said matters made their
report to this Court, wherein they report it as their opinion
that in equity there is justly due from said Evarts, and that
he ought to pay to the said Thomas Stow, the sum of three
hundred and fifty-two pounds old currency ; and the parties

206 PUBLIC RECORDS [May,

by their counsel having been fully heard for and against the
acceptance of said report : This Court do approve and accept
of the said report, and do thereupon order and decree, that
the said Thomas Stow shall recover of the said James Evarts,
the said sum of three hundred and fifty-two pounds old cur-
rency and his cost, taxed at , and that execution
therefor be issued accordingly ; and the said judgment of the
superior court shall be and is hereby set aside and made void.

[354] Upon the memorial of Ebenezer Walbridge and
Timothy Allyn and others, inhabitants of the northeasterly
part of the second society in Norwich, setting forth their de-
sire and the necessity that said society be set into two distinct
societies, divided as that they may become one by and of
themselves, &c., and pray a committee be appointed to enquire
and report, <fec : Resolved by this Assembly, that Jonath"
Truml)le, John Ledyard and Christopher Avery, Esq''% be and
they are hereby appointed and impowered, on some convenient
time by them to be assigned, to repair to said parish and to
view, enquire and by all proper means to find out the truth of
the matters in said memorial alledged, and thereof and of what
they shall thereupon judge expedient and best to be done, to
make report to this Assembly at their sessions at New Haven
in October next, at the proper cost and charge of said memo-
rialists.

Upon the memorial of John Grover, of Coventry, administra-
tor on the estate of Joseph Grover, late of said Coventry, de-
ceased ,.she wing this Assembly that the debts due from the estate
of said deceased surmounts the personal estate of the deceased
the sum of <£94 4s. 3c^. old tenour money, and praying for
liberty to sell land sufficient to pay said debts, <fec. : Granted
by this Assembly liberty to the said administrator, to sell so
much of the real estate of the said deceased, taking the advice
of the court of probates in the county of Windham, as to
enable him to pay said sum of £94 4s. 3c?. money as aforesaid,
with the necessary charges arising thereon.

Upon the memorial of Jonathan Hobby, administrator on
the estate of Benjamin Hobby, late of Greenwich, deceased,
shewing to this Assembly that the debts due from the said
deceased's estate surmounts the personal estate of the deceased
the sum of £220 19s. Sd. old currency, and praying for lib-
erty to sell so much of the real estate of said deceased as
shall answer the same : Resolved by this Assembly, that the
memorialist have liberty to sell so much of the real estate of
the said deceased as will be sufficient to answer the said X220
19s. 8tl old currency, with the charges arising thereon ; and

1746.] OF CONNECTICUT. 207

the memorialist is hereby substituted and authorized to make
sale thereof accordingly for the purposes aforesaid, taking the
advice of the court of probate in the district of Stanford
therein.

Upon the memorial of Mrs. Eunice Backus, respecting the
decease of her husband, the Rev^. Mr. Simon Backus, resid-
ing at Louisbourg in quality of chaplain, &c., and the dis-
tressed state of her family thereupon, &c., and praying relief:
Resolved by this Assembly, that tlie memorialist have granted
to her, for her and family's present subsistence, to be paid out
of the publick treasury of this Colony, the sum of one hundred
pounds in old tenour bills, and that the furtlier consideration
of her said memorial be referred to the session of the General
Assembly at New Haven, to be holden in October next.

Upon the memorial of Samuel Gunn, of Milford, setting
forth that he had some years past, for a certain sum in bills of
credit received out of the publick treasury, mortgaged to the
Governor and Company of this Colony a certain tract of land
lying in the town of Litchfield, containing about sixty-five
acres, being bounded upon a sixty-five acre lot which was
mortgaged as abovesaid by Joseph Phimb, north on David
Baldwin's land in part and part by James Mitchell's land, east
on the highway, and west on Bantam River, which mortgage
was defeasible by the said Gun's paying a certain sum in
money in the said instrument mentioned, which money the
said Gunn, as is alledged by him in his said memorial, hath
been paid to Mr. Daniel Edwards, who was appointed to sue
out said mortgage : yet nevertheless, the said mortgage hav-
ing been, by a mere mistake, delivered into the hands of Capt.
Elihu Hall, wlio had since the said money was delivered unto the
said Mr. Edwards at the county court holden at [New] Haven
in the county of New Haven, in April last past, obtained for
the Governor and Company a judgment against the said
Gun for the land aforesaid ; and the said Gun now praying for
relief in the premises : Whereupon it is enacted and declared
by this Assembly, that the said judgment, obtained as afore-
[355] said, is hereby reversed and made void, and that || upon
the said Gun's paying unto the Treasurer of this Colony the
full sum for which said land was mortgaged, with lawful in-
terest which shall be due thereon at time of payment, the
same shall be released unto the said Gun, his heirs and
assigns, in manner and form as is provided by this Assembly
in like cases.

Upon the memorial of Ebenezer Gridley and Elizabeth
Orviss, administrators on the estate of Charles Orviss, de-

208 PUBLIC RECORDS [May,

ceased, shewing to this Assembly that the debts due from
said estate surmount the moveables more than the land already
sold the sum of £9 4s. Sd. old tenour, praying for liberty to
sell sof much of the real estate of the deceased as may be
sufficient to answer the aforesaid sum, with incident charges
arising thereon : Resolved by this Assembly, that the memo-
rialists have liberty, and they are hereby authorized and
impowered, to make sale of so much of the real estate as
aforesaid as may be sufficient to pay the said sum of <£9 4s. 3<:^.
with the incident charges arising thereon, taking the advice
of the court of probates in the district of Hartfo]:d therein.

Upon the memorial of Justus Bush, of Greenwich, admin-
istrator on the estate of Nathaniel Warden, late of said Green-
wich, deceased, shewing that the debts surmount the personal
estate of said deceased the sum of £88 4s. ll^d. old
currency, and praying for liberty to sell so much of the
real estate of said deceased as will answer the same, &g. :
Resolved by this Assembly, that the memorialists have liberty
to sell so much of the real estate of said deceased as will be
sufficient to answer the said <£88 4s. ll^d. old currency, with
the charges arising thereon ; and the memorialist is hereby
authorized and substituted to make sale thereof accordingly,
for the purpose aforesaid, taking the direction of the court of
probates in and for the district of Standford therein.

Upon the petition of John Palmer junf., and Samuel
Palmer, both of Windsor, representing that Daniel Filley, of
Windsor, brought his action before the county court at Hart-
ford in November last, against the petitioners together with
one Jacob Phelps, of said Windsor, demanding .£500 Os. 0^.
by him alledged to be due on one certain promissory note in
his writ mentioned and counted upon, and that at the date of
said note were subsisting sundry controversies between the
defendants in said action, severally, and tlie said Filley, which
to issue they submitted to certain referees, who thereupon
arbitrated and gave up their award, which also they had in all
points fulfilled, and that said note was an escrow made and
into the hands of said arbitrators committed to hold and dis-
pose of, so as to bind the then defendants to fulfil said award,
and for no other purpose ; and that, their fulfilment notwith-
standing, the said note had by means to them unknown gotten
into the liands of said Filley, and so was not their act and
deed ; and that the said Filley in his reply, owning and con-
ceding the matters by the defendants alledged to have been
controverted, submitted, awarded upon and fulfilled, further
alledged that, over and above the said matters in the defend-

1746.] OP CONNECTICUT. 209

ant's plea mentioned, the said controversy, submission, arbi-
tration and award did particularly include one certain matter of
difference between said Filley and said Samuel Palmer and Jacob
Phelps, respecting an action then in the law in the county of
Hampshire, by said Samuel Palmer and said Phelps prosecuted
against said Filley on a bond by him executed to one Samuel
Raymond, and that said arbitrators thereon awarded that the
defendants, nor either of them, should prosecute the said
action any further ; also a.lledging that they did fail to fulfil
said award in that point, viz : so far as the same did respect
the discharging said bond or the not prosecuting the said
action thereon, and that the defendants, then not supposing
nor understanding said particular matter to have been so sub-
mitted and awarded, went to issue and tryal with said Filley
thereon, and that the same was found by verdict and judg-
ment by said court therein rendered against them for the sum
of <£500 Os. 0(7. demanded; that from the said breach by the
said Filley alledged and tryed and found, said Filley doth not
appear to have suffered any considerable damage by any of
the defendants, or if so, yet not by the petitioners, or either
of them, who had each of them fulfilled everything by them
submitted and against them awarded ; and thereupon praying
a committee may be appointed to inquire of the damage by
[356] said Filley || sustained by the breach and failure afore-
said of the said defendants, or either of them, and of what
they shall find to be right for the said defendants, or either
in favour of said Filley to do or suffer, to make report, &c. :
Resolved by this Assembly, that Jont'i. Trumble, Esq""., of
Lebanon, John Chester, Esq""., of Weathersfield, and Jabez
Hamlin, Esq'., of Midletown, be and they hereby are appointed
and impowered as commissioners, by all lawful and reasonable
means to make enquiry of the damages or wrongs by said
Filley, by the breach and failure abovesaid, suffered or likely
by him to be suffered by occasion thereof, and of what they
find, and find just and reasonable by the said defendants, or
any or either of them, to be done or suffered for or in favour of
said Filley, or towards one another, to make their report to
this Assembly in their sessions at New Haven in October next,
and that execution on said judgment be suspended until the
rising of said next Assembly.

Upon the memorial of John Roberts, Josiah Smith, David
May nerd and John Smith, and others, souldiers on board the
Colony's sloop Defence in the late expedition against Cape
Breton, for themselves and the rest of their fellow souldiers
on board said sloop, representing that in the progress of said

210 PUBLIC RECORDS [May,

expedition they landed at a place on said island of Cape Breton
called St, Ann's and Scataree, and there took from the enemy
plunder to a considerable value, and which having been since
at New London by publick vendue sold, appear to amount in
value to the sura of about X1200 old tenour ; that they always
insisted and expected that the said plunder, or the moneys
for which the same should sell, should be equally and without
distinction divided to and amongst all the private souldiers
and officers on board said sloop, each souldier and officer
sharing therein alike ; that Capt. John Prentiss, then com-
mander of said sloop, having gotten the whole of said money
into his own hands, on pretext of their having then been and
acted under the late royal proclamation touching the British
navy, detains and withholds three eighth pai'ts thereof for him-
self as captain, and for and in behalf of others in commission
under him, in proportion as in and by said proclamation
specified, to the great wrong and grievance of the memorial-
ists ; and thereupon praying relief in the premises, and that
they may be allowed, ordered and enabled to share and obtain
of said moneys or plunder parts and proportions equal and
alike among themselves, and also equal to the part of their
said captain and the several other officers on board said sloop,
for the reasons in their memorial set forth : Resolved by this
Assembly, that the said Capt. John Prentiss, and each and
every of the other officers, souldiers, mariners and persons in
what character or quality soever, on board or belonging to
said sloop Defence in the expedition against Cape Breton,
when the said plunder was taken, may and shall share and
divide the said plunder, or the money for which the same hath
been or shall be sold, equally and alike, without distinction.
And it is furtlier resolved, that in case any of the said soul-
diers, mariners or others on board said sloop allowed to share
as abovesaid, shall have withholden from him or them by said
Capt. Prentiss, or any other person, his or their (or any part
of his or their) equal part or proportion stated and ascertained
as abovesaid, it shall be lawful for him or them, or their heirs,
executors, administrators, or legal representatives, from whom
such share or shares shall be either wholly or in part withholden,
either joyntly or severally to bring their action or actions of
debt or detinue against him or them so withholding, and on
proof thereof, in common course of law made, shall recover
the same.

Whereas his Grace the Duke of Newcastle, one of his Ma-
jesty's pi'incipal Secretaries of State, has by his letter, dated
Whitehall, April 9th, 1746, signified to the Governor and

1746.] OF CONNECTICUT. 211

[357] Company of this Colony, that his Majesty has ordered
an expedition for the reduction of Canada, and that his
Majesty's pleasure is, that this Colony should forthwith make
the necessary dispositions for raising as many men as the
shortness of the time will permit, to be imployed in conjunction
with his Majesties regular forces on this important service :

Resolved hy the Grovernor, Council and Representatives^ in
Creneral Court assembled, That there be forthwith raised in
this Colony six hundred able-bodied effective men, or more if
they shall offer themselves, to be imployed in the service afore-
said ; and for the encouragement of such men voluntarily to
inlist themselves into the service aforesaid, that they shall be
provided with cloathing, including a blanket for each man, and
with a bed for every two men, and also with proper arms, and
that each souldier who shall furnish himself with and appear
in cloathing to the acceptance of his captain or chief military
officer, and provide liimself a blanket, shall in consideration
thereof be paid the sum of thirty pounds old tenour bills, or
equivalent thereto in new tenour bills of credit, and each
souldier who shall provide a good fire-lock to the acceptance
of his captain or chief military officer, shall be paid for it the
price that shall be set upon it by two persons under oath for
that purpose ; and if they are not provided as aforesaid, the
cloatliing and fire-lock shall be provided by the Colony, as
well as other necessary arms and accoutrements.

And this Assembly do appoint Jonathan Trumble, Esq^,
and Hezekiah Huntington, Esq^, to provide, in the best and
most reasonable manner, such good fire-locks, cutlasses, car-
touch-boxes and belts as may be wanted for said service.

That, as further encouragement to enlist into said service,
it is resolved, that each souldier on his inlisting shall receive
gratis the sum of ten pounds old tenour bills of credit, or
equivalent in other bills.

That his Honour the Governor be desired, and he is hereby
desired, to issue forth proclamations to inform his Majesties
subjects in this Colony of the encouragements his Majesty is
graciously pleased to give, and the encouragements this gov-
ernment have granted to such as shall enlist into said service,
and also to give the proper beating orders, warrants and in-
structions, to persons who shall be appointed to inlist the said
volunteers.

That the troops which shall be raised in this Colony shall be
fully supplied with provisions, and each souldier be allowed half
a pint of rum per day during the time they shall be subsisted by
this government, and be transported to Louisbourg, and from

212 PUBLIC RECORDS [May,

thence to the place of action, and that they shall imbark at
New London at or before the last of June next, if possible.

That there shall be a suitable chaplain, a skilful pliysician
and his first and second mate, to attend the said troops.

And it is further resolved, That Andrew Surr, ThomaS
Welles, Hezekiah Huntington, Gurdon Saltonstall, John Fow-
ler and Jabez Hamlin, Esq"., be appointed, and they are
hereby appointed, Commissaries, with full power by impressing,
or otherwise, to provide sufficient transports for said troops
and sufficient provisions at present for their subsistence five
months from the time of their imbarkation, and also to pro-
vide cloathing, beds and other necessaries for said troops,
according to the tenour of this act.

That, inasmuch as it is judged our Colony sloop, the De-
fence, will be very much wanted to guard our coast, his Hon-
our the Governor is desired to make application for a good
and sufficient convoy in his Majesties pay, to guard our
transports.

That his Honour the Governor be desired, and he is hereby
desired, to fill up and give such commissions as shall be sent
him from his Majesty for that purpose, to such persons as this
Assembly do appoint, or in case of failure of any of them,^ or
want of more, or in case there be any occasion in conformity
to such commissions to alter the method provided for by this
Assembly, his Honour is desired to fill up and dispose of such
commissions, in such method and to such other persons, as he
shall judge proper, with the advice of the Committee of War
in the county of New Haven.

[368] And it is further resolved and enacted, That all other
matters and things necessary to be performed, in order for the
speedy raising and forwarding the troops to be raised in this
Colony for the purpose aforesaid, and for their further subsist-
ence, if need be, and are not particularly provided for by this
Assembly, be referred to his Honour the Governor and Com-
mittee of War aforesaid, who are hereby impowered to take
all necessary care and give such necessary orders and instruc-
tions from time to time as occasion may require, to get in
readiness the said troops and for their subsistence during the
said service, so far as shall be found proper and necessary for
this Colony to do, in conformity to the contents of his Grace
the Duke of Newcastle's aforesaid letter. And his Honour
the Governor is desired, as soon as possible, to transmit to
Rear-Admiral Warren at Louisbourg accounts directed to Lieut.
General St. Clair, of what shall be done, as also an account of
the arms and cloathing provided for the men that shall be
raised, and the cost of them, requesting an allowance to be

1746.] OF CONNECTICUT. 213

made for the defraying that expence, and take care of such
monies or bills as shall be paid or drawn for that purpose.

And whereas it is likely that the troops to be raised in this
government will be supplied with provisions by his Majesty as
soon as they shall be joyned to the British troops, in wliich
case a great part of the provisions sent from this government
for the support of our troops will be spared and not expended :
Therefore,

Resolved hy this Assembly, That the commissary imployed
by this government in the expedition shall make sale of all
such provisions as shall not be expended among our forces, to
the best advantage, and return the proceeds of such sale to
this government.

This Assembly do appoint Elisha Williams, Esq', to be Colo-
nel of the regiment to be raised in this Colony for the expedi-
tion against Canada, and Captain of the first company ; and
Mr. Henry King First Lieutenant of the colonel's company ;
Mr. Timothy Bigelow Second Lieutenant, and Mr. John
Brown Ensign of said company.

This Assembly do appoint Samuel Talcott, Esq"", to be
Lieutenant Colonel of the regiment to be raised in this Colo-
ny for the expedition against Canada, and Captain of the 2d
company ; Mr. William Smithson First Lieutenant of the
lieutenant colonel's company ; Mr. James Feck jun''. Second
Lieutenant, and Mr. James Blakely Ensign of said company.

This Assembly do appoint Israel Huit, Esq'" to be Major of
the regiment to be raised in this Colony for the expedition
against Canada, and Captain of the 3d company; Mr. Jona-
than Reed First Lieutenant of the major's company ; Mr.
Thomas Leeds Second Lieutenant, and Mr. Daniel Redfield
Ensign of said company.

This Assembly do appoint Mr. James Church to be Captain
of the fourth company in the regiment to be raised in this
Colony for the expedition against Canada ; Mr. John Wareliam
Strong First Lieutenant ; Mr. John Patterson Second Lieuten-
ant, and Mr. Jacob Ford Ensign of said company.

This Assembly do appoint Mr. Josiah Starr to be Captain
of the fifth company in the regiment to be raised in this
Colony for the expedition against Canada ; Mr. Hezekiah
Treadwell First Lieutenant ; Mr. Daniel Belden Second
Lieutenant, and Mr. Coe Hinmau Ensign of said company.

This Assembly do appoint Mr. Benjamin Lee to be Captain
of the sixth company in the regiment to be raised in this
Colony for the expedition against Canada ; Mr. Henry Cleave-

214 PUBLIC RECOEDS [May,

land First Lieutenant ; Mr. Ichabod Robinson Second Lieuten-
ant, and Mr. John Huntington Ensign of said company.

[359] Be it enacted hy the G-overnor, Council and Represen-
tatives, in General Court assembled, and hy the authority of the
same, That all such able-bodied effective men as shall volunta-
rily inlist themselves as souldiers to serve in the intended
expedition against his Majesties enemies at Canada, shall
have liberty to proceed in the same, and no such person, nor
any officer engaged in said expedition under commission or
warrant for that purpose, shall be liable to be arrested and
stopped by any process in any civil action taken out against
him after the time of his inlisting or receiving commission for
that purpose, unless the debt, duty or damage in demand ex-
ceed the sum of fifty pounds old tenour bills ; and that no
person sliall have any writ of attachment or arrest against
any inhabitant of this government in any civil action signed
by authority, unless the person taking out such writ shall make
affidavit before some assistant or justice of tlie peace that,
according to his best judgment, the debt, duty or damage in
demand is of more value than fifty pounds as aforesaid, and
that the same is justly due, and that the same was due upon
contract or otherwise before the inlistment, and that such
affidavit be endorsed on such writ by the authority signing
the same, and that the same be done before such writ be
granted out ; nor shall any such person be taken and held by
any execution on any judgment of court for debt or damages,
unless the sum in demand shall exceed the sum of fifty
pounds as aforesaid. This act to continue of force until the
session of this Assembly in October next, and no longer.

Resolved hy this Assembly, That the Honourable Roger Wol-
cott, Esq"", and Jonathan Trumble, Esq% be appointed, and
they are hereby appointed and desired, speedily to go to
Boston and consult and advise with his Excellency Governor
Shirley about the needful preparations for the comfortable
subsistence of the forces to be raised in this Colony for the
expedition to Canada, and their being convoyed to the place
of rendezvous, and all other things needful for promoting said
expedition, and report upon their return to his Honour the
Governor of their consultations and conclusions in the affair.

This Assembly do appoint Colo. Thomas Wells, Colo.
Hezekiah Huntington, Colo. Gurdon Saltonstall, Colo. Andrew
Burr, Capt. John Fowler and Major. Jabez Hamlin, Commis-
saries to make all necessary preparations for the fitting out
and setting forth the troops now to be raised in this Colony
for his Majesties service in the expedition against Canada.

1746.] OP CONNECTICUT. 215

Resolved hy this Assembly^ That the Committee of War at
Hartford, or any three of them, be and are hereby impowered
to draw orders on the Treasurer of the Colony for the pay-
ment of such sum or sums as they shall from time to time
judge necessary for the commissaries to receive, in order for
their doing of the service of the present expedition against
Canada, assigned them ; and the commissaries are to lay their
accounts before this Assembly in October next.

Resolved hy this Assembly, That the Committee of War at
Hartford be directed, and they are hereby directed, to deliver
to any of the field officers or other commission officers who
shall apply to them therefor, such sums of money as said
Committee shall think may be proper, to purchase a regiment-
al dress becoming their respective stations : provided all such
officers shall give proper security to this government that, in
case his Majesty shall not repay to the Colony for said cloath-
ing, they will return to the- Treasurer the sums by each of
them received for the purpose aforesaid.

Resolved hy this Assembly, That all the small arms and all
other war-like accoutrements that were impressed or otherways
procured at the cost of this government and improved in the
expedition to Cape Breton, which the owners have not received,
shall be paid for by this Colony, according to tiieir apprizement;
[360] and the committee for adjusting the accounts || at
Hartford are hereby directed to give orders on the Treasurer
of this Colony, for the payment of such sum or sums as are
due to any person or persons to whom such arms <fec. did
belong, upon his or their making it appear to the satisfaction
of the said committee that they have not had such arms <fec.
returned to them ; and that the Secretary of this Colony is
hereby directed to transmit the accounts of the apprizements
of such arms &c. into the hands of the said committee, that
they may be under advantage to give their orders accordingly.

This Assembly do appoint Colo. Thomas Fitch and Colo-
nel Andrew Burr to be added to the Committee of War in the
county of New Haven, appointed to assist his Honour the
Governor in the affairs relating to the war referred, or that
may by this Assembly be referred, to said committee ; and
that any three of the said committee shall be allowed to act
in any of the matters aforesaid.

Resolved hy this Assembly, That the Committee of War at
Milford do give orders to the commissaries to provide and
procure what they shall think proper for the comfortable sub-
sistence of the chaplain in the expedition against Canada.

This Assembly grants unto the chaplain that shall be im-

216 PUBLIC RECORDS [May,

proved in the expedition ordered to be made against Canada,
the sum of fifty pounds old tenour per each kalendar month.

This Assembly grants unto the physician and chirurgeon
that shall be improved in the expedition ordered to be made
against Canada, the sum of forty-five pounds old tenour per
each kalendar month.

This Assembly grants unto the physician and chirurgeon's
first mate to be improved in the expedition against Canada,
the sum of thirty pounds old tenour per kalendar month.

This Assembly grants unto the physician and chirurgeon's
second mate to be improved in the expedition against Canada,
the sum of twenty-five pounds old tenour per kalendar month.

Resolved hy this Assembly^ That his Honour the Governor,
with the advice of his Council, be, and he is hereby, desired
to issue out proclamations for the keeping days of Fasting and
Prayer to Almighty God, for his protection, blessing and as-
sistance in the expedition that his Majesty has now undertaken
against Canada.

An Act for the Appointment of Commissioners to meet -witli Commis-
sioners from tlie other Governments to concert Measures for
carrying on the War.

This Assembly appreiiending it to be a matter of very great
importance that the British governments on the continent
unite in measures for carrying on the present war, and well
approving the motion made by some of the other governments
for a meethig of commissioners to concert measures for that
purpose, do resolve that Commissioners be appointed for that
end.

And this Assembly do hereby appoint the Honourable Ro-
ger Wolcott, Esq>", Thomas Pitch, Esq"", and Benjamin Hall,
Esq"", or any two of them, Commissioners, who are hereby fully
authorized and impowered, for and in behalf of this govern-
ment, to meet and treat with commissioners of his Majesties
other governments on the continent, or such of them as shall
appoint and send commissioners for that purpose, and with
them in such meeting to concert measures for our mutual se-
curity, defence and conduct during the present war. And the
said Commissioners hereby appointed are directed to make re-
port of such measures as shall be come into at such meeting
[861] II to the Governor and Council of this Colony, who, upon
approving the same, are hereby authorized and fully impower-
ed to put them in execution, in whole or in part, as they shall
judge proper, so far as relates to or concerns this Colony, un-
less they shall judge the matters to be of such nature and
weight as to make it necessary for the calling the Assembly.
And his Honour the Governor is desired to write to their Ex-

1746.] OF CONNECTICUT. 217

cellencies the Governors of the Provinces of New York and
Massachusets Bay, acquainting them of the resolutions of this
Assembly, moving tliem to forward the meeting of the Com-
missioners aforesaid.

Resolved by the Grovernor, Council and Representatives, in
Greneral Court assembled, Tliat Eliakim Palmer, Esq"", our
Agent at the Court of Great Britain, do, in the name and be-
half of the Governor and Company of this Colony, make ap-
plication, in some proper and suitable method, to his Majesty
in Council, or to the Parliament of Great Britain, or to such
office or offices as may be most proper, in order to obtain re-
lief in favour of this Colony under the heavy burthens occa-
sioned by the expedition against Cape Breton and the garri-
soning at Louisbourg, by a reimbursement of the charges and
expences this Colony has paid and stand engaged for. And
his Honour the Governor of this Colony is desired to transmit
to our Agent duplicates, and triplicates if need be, of the ac-
counts of said charge and expences, give him proper informa-
tion and directions for the management of the said matter,
and press him to be solicitous therein, and also to transmit to
him a copy of this act.

An Act for emitting Bills of Credit.

Be it enacted by the Governor, Council and Represeyitatives, in
Cieneral Court assembled, and by the authority of the same,
That there be forthwith struck a certain number of bills of
credit on this Colony, new tenour, on the new plates, from three
pounds to one shilling, which in the whole shall amount to the
sum of twenty thousand pounds, and no more, with the addi-
tional date of this Assembly, and to be signed by the commit-
tee appointed for signing the bills of credit of this Colony, or any
three of them, and by them put into the hands of the Treasurer
of this Colony, taking his receipt for the same; and the Treas-
urer is herelDy ordered to pay out the same, to answer the
debts of this Colony, agreeable to such orders as shall be given
to him from time to time according to law.

And, as a fund and security for the repayment and drawing
in the said bills into the treasury again, this Assembly grants
a tax or rate of twenty-one thousand pounds, to be raised on
the polls and rateable estate of this Colony, and to be paid
into the treasury of this Colony, by the first day of May anno
Bom. 175-i, to be paid in bills of credit of this Colony, or in
silver money as it generally passe th in the Colony at the time of
payment.

An Act for emitting Bills of Credit.
Be it enacted by the Governor, Cou7icil and Representatives, in
General Court assembled, and by the authority of the same,
28

218 PUBLIC RECORDS [May,

That there be forthwith struck a certain number of bills of
credit on this Colony, (on the old plate,) from five shillings
to two shillings, which in the whole shall amount to the sum
of three thousand pounds, and no more, (with the additional
date of this Assembly,) and to ))e signed by the committee
appointed for signing the bills of credit of this Colony, and by
them put into the hands of the Treasurer of this Colony, tak-
ing his receipt for the same ; and the Treasurer is hereby or-
dered to pay out the same to answer the debts of this Colony,
agreeable to such orders as shall be given to him from time to
time according to law.

And, as a fund and security for the repayment and drawing
in of the said bills into the treasury again, this Assembly
grants a tax or rate of three thousand one hundred and fifty
pounds, to be raised on the polls and rateable estate of this
Colony, and to be paid into the treasury of this Colony, by the
first day of May in the year 1754, to be paid in bills of credit
of this Colony, or in silver money as it generally passeth in the
Colony at the time of payment.

[362] An Act in Addition to the Law of this Colony entituled An Act
directing ho-w Persons shall be qualified to vote in Soci-
ety Meetings.

Whereas there are many persons in this Colony who, by rea-
son of their dissenting from the way of worship and the min-
istry of the Presbyterian, Congregational or Consociated
churches of this government, are exempted from the payment
of taxes granted for the maintenance and support of the wor-
ship and ministry of the said churches : And whereas, although
such exempt persons ought not to vote respecting the mainte-
nance and support aforesaid, yet, there being no express direc-
tion in the law prohibiting them from voting in those matters,
some persons, exempted as aforesaid, have adventured to vote
and act therein : Which for the future to prevent,

JBe it enacted by the G-overnor^ Council and Mepresefitatives, in
Greneral Court assembled^ and by the authority of the same,
That no person who is, or hereafter shall be, by the laws of
this government freed or exempted from the payment of those
taxes granted by any town or society for the maintenance and
support of the worship and ministry aforesaid, and for the
building of meeting-houses for such worship, on account or by
reason of his dissenting from the way of worship and ministry
aforesaid, shall be allowed or admitted to act or vote in any
town or society meeting in those acts or votes which respect or
relate unto the matters aforesaid, nor in the choice of any
officers necessary to be appointed for the management of or
carrying on the affairs aforesaid ; and the acts and votes of
such town and society meetings respecting the matters afore-

1746.] OP CONNECTICUT. 219

said, made and passed without computing the votes of such

exempt persons, shall be deemed and accounted the acts and

votes of such town and society, any law, usage or custom to

the contrary in any wise notwithstanding.

An Act in finrther Addition to an Act entituled An Act for High-ways,
Page 50, Page 468. *

Be it enacted by the Governor^ Council and Representatives^ in
General Court assembled^ and by the authority of the same,
That if any person obliged by law to work in highways, and
be thereunto lawfully warned, shall refuse or neglect to attend
such service according to the warning given, he shall forfeit
for every days neglect eight shillings old tenour for a person,
and twenty shillings old tenour for a man and team, which
forfeitures shall be recovered and improved as in said act is
provided ; any law, usage or custom to the contrary notwith-
standing.

An Act for regulating the Sheriffs' and Constables' Fees.
Be it enacted by the Governor, Council and JRepres'entatives, in
General Court assembled, and by the authority of the same.
That the sheriffs and constables within this Colony shall be al-
lowed to take and receive for their fees for levying every exe-
cution not exceeding twenty pounds, eight shillings and no
more ; and for every execution exceeding twenty pounds and
not exceeding forty pounds, twelve shillings ; and for every
execution exceeding forty pounds and not exceeding eighty
pounds, twenty shillings ; and for every execution exceeding-
eighty pounds and not exceeding one hundred and sixty pounds,
thirty shillings ; and for every greater sum they shall be al-
lowed to take and receive two shillings for every twenty pounds
levyed over and above the sum of one hundred and sixty
pounds ; the said fees to be taken in the same currency for
which the execution is ; and that the sheriffs shall be allowed
for their attendance on the several courts in this Colony six-
teen shillings per diem.

An Act for the Enlarging of Constables' Fees for their Attendance on
the several Courts.

Be it enacted by the Governor, Council and Representatives,
in General Court assembled, and by the authority of the same,
That the constables' fees for attendance on the General Assem-
bly and on juries at the superior and county courts shall be
fourteen shillings old tQwoxxc per d'leyn; any law, usage or cus-
tom to the contrary notwithstanding.

This Assembly do establish and confirm Mr. John Viets to
be Captain of the 4th company or trainband in the town of
Symsbiiry, and order that he be commissioned accordingly.

* The act to which this is in addition was passed May, 1739. Vol. VIII, 230.

220 tuBLic RECORDS [May,

[3631 An Act stating' the Fare of the Ferry called Smith's Ferry, be-
tween the Towns of Weathersfleld and Glassenbury.

Be it enacted hy the Governor, Council and Representatives,

in General Court assembled, and hy the authority of the same,

That tlie fare of said ferry for the time to come shall be nine

pence for man, horse and load, and for single man or horse

four pence, all money of the old tenour.

The Additions to the Lists of Estate of the several Towns in this Govern-
ment hereafter mentioned, sent in to this Assembly,
are as follow, (viz:)

Single Additions. Fourfold Assessments.

To New Haven,

2096

0 -

1786

To Windham,

3453

To Haddam,

115

6 -

To Bast Haddam,

315

To Woodberry,

328

6 -

To Saybrook,

666

To Brandford,

199

0 -

To Norwich,

404

667

To Litchfield,

269

0 -

To Durham,

To Waterbury,

179

0 -

To Lebanon,

599

To Farmingtown,

676

0 -

- 32

To Stanford,

1074

340

To Guilford,

420

6 -

- 85

To Norwalk,

744

176

To Ridgfield,

171

0 -

To Derby,

To Colchester,

0 -

- Q4Q

To Canterbury,

641

108

To Mansfield,

182

0 -

- 54

To Killingsworth,

loo

171

To Groton,

127

0 -

- 355

To Stoningtown,

643

To Preston,

798

6 -

-1474

To Coventry,

To Milford,

177

4 -

To New London,

383

- 3104

To Pomfrett,

1262

0 -

To Fairfield,

280

- 1328

To Hartford,

753

6 -

- 753

To Weathersfleld,

655

To Wallingford,

1504

0 -

To Symsbury,

1043

To Lyme,

1879

9 -

- 731

To Plainfleld,

158

1746.] OF CONNECTICUT. 221

Upon the report of Jonathan Huntington, Richard Hide
and Ebenezer Hartshorn, the committee appointed on the re-
quest of the towns of Stoningtown and Groton, to run and
ascertain the bounds dividing between said towns, in which
report they declare that the line dividing between said towns
[364] ought to be as hereafter mentioned, (yi2!;)|| Beginning
at the mouth of Mistick River at the sea, thence northward
up by the main stream of said river to a pond westward of
Lanthorn Hill, where the river runs out of said pond, thence
crossing said pond north waid to a large heap of stones about
a chestnut stump, a walnut staddle, markt on four sides,
standing about four feet to the northward of said heap of
stones, which is near the middle of said pond at the north end
thereof; thence to run a direct line north nine degrees west
five hundred and ninety-four rods to a large meer-stone by said
committee erected, and stands on the east side of a hill and
east twenty-seven rods and nineteen links from a large black
oak tree marked with an heap of stones about it, and a rock on
the north side said tree, markt, which meer-stone is as far
northward as said Groton joyns to said Stoningtown, between
which meer-stone and said chestnut stump in said line heaps
of stones are by said committee erected in every eighty rods,
which meer-stone is in a direct line from said chestnut stump
to an ash tree fallen down, by a little brook, a rock being one
rod northeastward from said tree marked S, and a rock one
rod southwestward from said tree marked P, which tree was
formerly marked with eight notches and called Stonington
Eight Mile Tree : Resolved by this Assembly, that the said
line as above described, beginning at the mouth of Mistick
River at the sea and ending at the said meer-stone, shall be
the divident line between the said towns of Stoningtown and
Groton for the future.

On the memorial of James Fitch, representing that he served
in the quality of a physician to the souldiers of this Colony
garrison'd at Louisbourg the last winter, &c., praying lor
allowance : Ordered by this Assembly, that the Treasurer of
this Colony shall pay out of the treasury to said James Fitch
the sum of thirty pounds old tenour for each kalendar month,
to be computed from the ninth day of November last, being
the time of his embarkation, until the eleventh day of May
instant, the time of his return ; taking said Fitch's receipt
therefor accordingly.

Upon the memorial of Joseph Mills, Samuel Wilcox and
others, inhabitants of the first society in Symsbury living west
of the first ledge of the west mountain, representing that said

222 PUBLIC RECORDS [May,

first society by their vote had freed said inhabitants from pay-
ing any rates or future charges towards the settling a minister
or building a meeting-house in said first society, and that not-
withstanding said society had rated them on their list of the year
1744, to the amount of .£32 14s. 4cZ. in the whole, toward the set-
tling of their minister, &c. ; also praying for liberty to hire an or-
thodox minister to preach among them, &c. : Resolved and de-
creed by this Assembly, that no person whatsoever appointed to
collect said rate of said inhabitants shall collect the same, but
they are hereby expressly inhibited collecting said rate. And it
is further granted to said inhabitants living on the west side of
said ledge, that they have liberty to hire an orthodox minister
to preach among them, and during such time they shall so
hire and improve an orthodox minister to preach, as aforesaid,
they shall be freed from paying any rates to the first society
in Symsbury aforesaid.

Upon the memorial of Jacob Waring, of Standford, admin-
istrator on the estate of Robert Mills, late of said Standford,
deceased, shewing that the debts surmount the personal estate
of said deceased the sum of eleven pounds nine shillings and
eleven pence old currency, and praying for liberty to sell so
much of the real estate of said deceased as will answer the
same, &c. : Resolved by this Assembly, that the memorialists
have liberty to sell so much of the real estate of said deceased
as will be sufficient to answer the said £11 9s. lid. old cur-
rency with the charges arising thereon ; and the memorialists
are hereby authorized and substituted to make sale thereof ac-
cord! ugly, for the purpose aforesaid, taking the direction of tlie
court of probate in and for the district of Standford therein.

[365] Upon the memorial of the inhabitants of the first or
middle society in the town of Killingly, setting forth the vote of
said society declaring the necessity of building a meeting-
house in said society, and praying a committee to repair to said
society, view and report, Messrs. John Daniels, Penuel Darn-
ing and Thomas Dresser were now appointed a committee to
that purpose, and accordingly now reported in the premises,
as foUoweth, (viz :) After due warning given, to all the in-
habitants in said society, upon the 26th and 27th days of May
instant we repaired to said society and heard all persons at
large, and upon the whole we affixed the place on the east
side of the country road, right against Noah Leavinze's now
dwelling house, where said Leavinze has given a deed of an
acre of land for that use, where we have set down a stake,
which is to be enclosed with the sills of said meeting-house ;
as per said report on file appears : Whereupon it is resolved

1746.] OP CONNECTTCUT. 223

by this Assembly, that the place above by said committee in
said report described and pitched upon shall be, and the same
hereby is, fixed and stated for the place whereupon said meet-
ing-house shall be erected.

Upon the memorial of Bbenezer Smith, of Farmingtown,
representing that during his absence and attending his Majes-
ties service in the expedition to Cape Breton, one certain deed
of mortgage by him to the Governor and Company of this Col-
ony executed, of about thirty acres of land, bounded as in said
deed, was sued out, and judgment by default therefor rendered
at an adjourned county court at Hartford in June last, for said
Governor and Company to recover of him, the said Smith,
about thirty acres of land, which he also shews to have been
so mortgaged for the sum of one luindred pounds ; and pray-
ing further liberty to redeem his said land : Resolved by this
Assembly, that on payment by the memorialist unto Mr. Dan-
iel Edwards, attorney to the Governor and Company, to be
made of the interest of said sum in said mortgage contained
for one year next coming from the rising of this Assembly,
with all the cost and charge, execution on said judgment be
stayed during the term of one year ; and that if the memori-
alist, on or before the expiration of said one year, shall also
pay unto the said Daniel Edwards (committee for the county
of Hartford to receive the same,) the full principal sum of
said mortgage, with the interest thereon arisen from the time
in which said money became payable to the time of said judg-
ment, then and in such case he, the memorialist, shall have
executed to him a deed of release of said land, to him to be ex-
ecuted by the committee to such purpose appointed and im-
powered.

Whereas this Assembly, at their sessions in October, A. D.
1745, did appoint Colo. Benjamin Hall, John Southmaid and
Elihu Hall, Esq^s^ a committee to make sale of all the lands
of Elisha Parker, of Wallingford in New Haven county, which
he forfeited to this Colony for his uttering false and counter-
feit bills : And whereas tlie said committee have made report
to this Assembly that they have proceeded, and have sold all
his lands that did belong to said Parker, and have taken two
bonds, one for the payment of one hundred and three pounds
current money of the old tenour, executed by Benjamin Gay-
lord, of Farmingtown, one other for fifty-four pounds four
shillings, executed by Isaac Parker, of Wallingford, payable
to John Whiting, Esqi", Treasurer of this Colony, for the use
of the Governor and Company of said Colony, at or before the
15th of October next ; also _ shewing that they had expended

224 PUBLIC RECORDS [May,

X4 7s. 6c?. in the affair : Resolved by this Assembly, that Colo.
Benjamin Hall, who has said bonds in his hands, deliver them
into the hands of tlie Treasurer aforesaid and take his receipt
for the same, and deliver the receipt into the hands of the Sec-
retary of this Colony ; and the said Treasurer is hereby or-
dered to pay unto said committee the sura of £4 7s. 6d. old
tenour l)ills, for cost and charges of the sale of the land.

Upon the memorial of the inhabitants of the north society
in Guilford, complaining that the eastern bounds of the said
society are uncertain, the said nortli society claiming to extend
eastward near three-quarters of a mile further than where the
first society alledge the eastern bounds to be, whereupon dis-
putes have arisen ; and thereupon pi-aying for a committee to
ascertain the same : Resolved, that Messrs. William Gould,
Jonathan Russell and Robert Foot, all of Brandford, be ap-
pointed, and they are hereby appointed, a committee, upon the
cost of the memorialists, to repair to tlie said north society of
Guilford, and view the circumstances of the lines in contro-
versy, and report their opinion thereon to this Assembly in
October next.

[366] Upon the memorial of Elizabeth Perry, of Ashford,
administratrix on the estate of Thomas Perry, late of Ashford,
deceased, shewing to this Assembly that the said Thomas
Perry was one of the borrowers of the last bank of loan money
of this Colony, &c.; and praying that the time of payment of
the money due on the first bond given for the payment of the
said loan money may be lengthened out, &c.: Resolved by this
Assembly, that the time of the payment of the money due on
the said first bond be lengthned out for two years from the
beginning of May instant ; and that the lawful interest for the
whole money due on said bond from the time the said bond
became due be paid.

Upon the memorial of William House and Alpheus Gustin,
of Glassenbury, administrators on the estate of Henry Goslee,
deceased, shewing to this Assembly that the debts due from
said estate surmount the personal estate the sum of £110 Is.
\0d. old tenour ; praying for liberty to sell so much of tlie real
estate of the said deceased as may be sufficient to answer the
aforesaid sum with the incident charges arising thereon : Re-
solved 1)y this Assembly, that the memorialists have liberty,
and they are hereby authorized and impowered, to make sale
of so much of tlie real estate as aforesaid as may be sufficient
to pay the .said sum of XllO Is. lOd. with necessary charges
arising thereon, taking the advice of the court of probate in
the district of Hartford therein.

1746.] OF CONNECTICUT. 225

. Upon the memorial of the selectmen for the time being of
Newtown in the county of Fairfield, setting forth that there
are two brethren in said town, and the proper care and charge
thereof, (v/2;) Thaddens Lyon and Phinehas Lyon, from their
infancy very much destitute of rational powers in exercise,
both of them by way of eminency non compos mentis ; that they
have been for a long season lunatick and distracted, not
the least prospect of their relief, being utterly uncapable of
providing for themselves, their personal estate already spent,
and no relations that will provide, or can by law be compelled
to provide, for them ; and craving an act of this Assembly for
the selling of about seventeen acres of land within the said
township of Newtown, possessed by said Thaddeus and Plnne-
has Lyon, as their proper estate, and that some suitable per-
son or persons may be authorized to make sale of said land
for the past support and future maintenance of said Thaddeus
and Phinehas : This Assembly taking said memorial into con-
sideration, grant the request of said selectmen, and appoint ■
the following persons of aforesaid Newtown, (viz:') Heth Peck,
Joseph Botsford and John Lake, or either two of them, with
full power and authority to make sale of said seventeen acres
of land for the use abovesaid.

Upon tlie memorial of Francis Whitmore, of Midletown in
Hartford county, shewing to this Assembly that he mortgaged
to the Governor a,nd Company of this Colony fifteen acres of
land, situate in Midletown at a place called Moromus, for the
consideration of sixty-seven pounds ten shillings, as per his
deed of mortgage to said Governor and Company, dated April,
1734, which said deed of mortgage was sued out and final
judgment obtained at the superior court held at Hartford in
March last, for the surrendry of said fifteen acres of land
and cost of court ; praying that this Assembly on his paying
said sum contained in the mortgage aforesaid, with the lawful
interest of said sum since the mortgage was out, and the cost
of court : Resolved by this Assembly, that on the said Whit-
mores paying to Mr. Daniel Edwards, of Hartford, agent for
said Governor and Company, said sums of money, that Na-
thaniel Stanly, Esq"", and George Wyllys, Secretary of this Col-
ony, in the name and behalf of the Governor and Company of
this Colony, give to said Whitmore, his heirs, &c., a deed of
release of said fifteen acres of land.

Upon the memorial of Gideon Hun, of Weathersfield, rcpre-

sentmg that he had bought of one David Griswould' a tract of

land in the town of Farmingtown of forty-two acres, which at

the time of the said purchase was under mortgage to this Col-

226 PUBLIC RECORDS [May,

ony ; praying that the same may be released to him, the
[367] said Gideon Hun : || Resolved by this Assembly, that
said forty-two acres be released and secured to him, the said
Gideon Hun, his heirs &c., upon his paying into the publick
treasury of this Colony the sum of one hundred pounds in bills
of credit of this Colony, and the interest thereof since the said
mortgage became indefeazible, or so much thereof as yet re-
mains unpaid, with the cost that has arisen in a suit brought
on the mortgage aforesaid ; and Nathaniel Stanly, Esq"", and
the Secretary of this Colony are hereby irapowered and di-
rected to execute a deed of the said forty-two acres to the said
Gideon Hun, his heirs, &c., under the publick seal, to the pur-
pose aforesaid.

On the petition of David Nevins, of Kingstown in the Prov-
ince of the Massachusets Bay, vs. Samuel Pelton, of Midle-
town, on file : The question was put, whether the judgment
prayed for to be set aside should be set aside and a new tryal
granted to the petitioner as prayed for: Resolved by this As-
sembly in the negative. Oost allow\i respondent £4 8s. Od.
Ex. granted May 2Sth. 1746.

On the memorial of Daniel Clark jun"", and Jonah Clark,
both of Colchester, vs. Rich'd Goodrich and Joseph White,
both of Midletown : The question was put, whether anything
prayed in the said memorial should be granted: Resolved
by this Assembly in the negative. Cost allowed respondents
£3 5s. Od. Execution gratded Mag 19th, 1747.

On the petition of Stephen Munson, of New Haven, vs.
John Whitef of New Haven, as on file : The question was
put, whether the judgment of the superior court complained
of therein be erroneous : Resolved in negative. Cost allowed
respondent is <£4 10s. Od.

On the petition of Benoni Hills, of Goshen, vs. Abigail
Dickingson, of Weathersfield, widow, as on file : The question
was put, whether a committee should be appointed to examine
evidences, hear the parties, &c., as prayed for in said petition:
Resolved by this Assembly in the negative. Cost alloived re-
spondent, X4 Os. Qd. Ex. granted December 5th, 174f .

This Assembly do grant unto the Hon^^'^ Jonathan Law,
Esq'', Governor, for his first half year's salary for this current
year, the sum of seventy pounds new tenour bills of credit.

This Assembly do grant unto the Hon^'e Roger Wolcott,
Esq'', Deputy Governor, for his first half year's salary, the
sum of thirty-five pounds new tenour bills of credit, for the
current year.

1746.] OP CONNECTICUT. 227

This Assembly grants unto George Wylljs, Secretary, for
his salary the current year, the sum of six pounds in new
tenour bills of credit.

This Assembly do grant unto the Hon^ie Jon^h Law, Esq"",
Governor, for his extraordinary service for the government
the last half year, the sum of twenty pounds in new tenour
bills of credit.

This Assembly do grant to Eliakim Palmer, Esq"", our
Agent at the Court of Great Britain, the sum of two hundred
and fifty pounds bills of credit of the old tenour, for his
salary the current year.

This Assembly do grant unto Mr. Timothy Green, printer,
for his last half year's salary, the sum of eighteen pounds
new tenour bills of credit.

Resolved hy this Assembly, That the entry on the publick
records by Mr. Secretary of all the votes passed by this
Assembly for the encouragement of obtaining Indian enemy
prisoners, or their scalps, is suspended till further order.*

On the petition of Moses Rush, of Midletown, vs. Daniel
Bobbins, of Weathersfield, as on file : The question was put,
whether anything should be granted on the prayer of said
petition : Resolved in the negative. Cost alloived respondent
is X3 Os. Oc?. old tenour. Ex. granted June 28th, 1746.

Whereas this Assembly has been drawn out to so gi'eat a
length that all the meml)ers thereof cannot without great
difficulty stay to hear the laws and orders of this Assembly
read off, do thereupon appoint Nathaniel Stanly, Ozias Pitkin,
William Pitkin, Esq''^ Mr. Joseph Buckingham, Mr. Joseph
Talcott, Mr. Elisha Williams and Colo. John Chester, to be
a committee to attend his Honour the Deputy Governor, to
hear the acts and orders of this Assembly read off, and then
signed by the Secretary as compleat.

The whole record of the several Acts, Grants and Orders
of this Assembly, as it stands entered on the pages of this
book next preceding, were read off in the presence of the
committee abovenamed, (except Mr. Elisha Williams,) and
signed as compleat.

George Wyllys, Secret'y.

[From the originals in War, iv. 297-299.]

An Act for the more effectual carrying on the War and defending of

the Frontiers.
Whereas the enemy are frequently making incursions and com-
mitting insults on the British settlements in their outward and

* The acts referred to are inserted after the record of this session.

228 PUBLIC RECORDS [May,

frontier borders, wMch calls for our speedy and vigorous assistance
in defending against and annoying of the enemy: Therefore,

Be it enacted hy the Governour, Council and Representatives, in
General Court assembled^ and hy the authority of the same, That the
Committee of "War in the county of Hartford be, and they are
hereby, directed to send forth twenty effective men into the west-
ern frontiers in the county of Hampshire, to joyn the forty men
already posted there, to garrison and scout in such manner as may
best defend and protect those frontier settlements; and that the
said Committee effectually pursue the powers and instructions
already given for the prosecuting and carrying on the war and
defending against the enemy, by sending such numbers of men as
they shall judge needful to garrison and scout in such places as
they shall judge to be proper for that purpose.

And it is further enacted hy the authority aforesaid, That the said
Committee of War be, and they are hereby, impowered and
directed to raise fifty able-bodied effective volunteers, either Eng-
lish or Indian, more or less as they shall jvidge needful, having
regard to the numbers joyned them by the governments of New
York and Massachusets Bay, or either of them, to joyn such men as
shall be raised in the said governments, or either of them, or if need
be to impress such numbers as the said Committee shall have occa-
sion for, (taking the same method therein as is provided for the rais-
ing men to garrison and scout,) to be sent into the enemies' borders,
to make incursions upon and to annoy the enemy in their own
habitations and settlements, and to scout between the enemies'
borders and the borders of the British plantations; and to nomi-
nate proper officers for that purpose, whom the Governour of this
Colony is desired to commission for the said service. "Which
scouts shall be under the direction of the said Committee of War,
or such person or persons as they shall appoint for that purpose,
with respect both to the time of their continuing in, and place or
places where they shall perform said service.

And, for the encouragement of such as shall be imployed in the
service aforesaid,

It is further enacted hy the authority aforesaid, That the officers and
souldiers shall have the same wages already stated for those officers
and souldiers who have been imployed in garrisoning and scouting
in the county of Hampshire; and also, that all such officers and
souldiers as shall provide themselves with arms, ammunition, pro-
vision and other necessaries, shall have as a reward for every male
prisoner of the Indian enemy sixteen years old and upward, the
sum of three hundred pounds bills of credit old tenor, and for
every scalp of such Indian 16 year old and upward, half so much;
and for every female prisoner or children iinder the age of sixteen
years of such Indians the sum of one hundred and fifty pounds
like bills, and for every scalp of such enemy Indian female or
children of such Indians half so much, to be paid out of the pub-
lick treasury of this Colony, on an order drawn by said Committee,
on the producing to them such prisoners or scalps.

1746.] OF CONNECTICUT. 229

And if said oflBcers and souldiers are provided with arms, ammu-
nition, provision and other necessaries by the government, they
shall have a reward of half so much for each of the respective
services as those have who provide for themselves as aforesaid.
Past in the Upper House.

Test. George Wyllys, Secret'y-
In the Lower House: Concurred, with this alteration, that in-
stead of the word children in the ninth line from the top of this
paper and in the eleventh line, be inserted the word child.

Test. Jno. Fowler, Clerk.
Concurr'd in the Upper House.

Test. George Wyllys, Secret'y.

And, for the encouragement of such as shall voluntarily and at
their own proper cost and charge go out against our Indian
enemies,

Be it further enacted by the authority aforesaid, That if any persons
shall offer themselves to the said Committee of War, for said pur-
pose, who by them shall be judged suitablQ to have the command
of a company, shall be by them recommended to his Honour the
Governour to be commissioned, who is desired to commission such
persons accordingly; who, being commissioned for the purpose
aforesaid, shall have power to enhst such able-bodied men, English
or Indians, as shall freely offer themselves for said service; and
such oflBcers and souldiers going out at their own proper cost as
aforesaid, shall have for every male prisoner of the enemy Indians
sixteen years old and upward the sum of four hundred pounds old
tenor, and for every scalp of male Indian the sum of three hun-
dred and fifty poimds old tenor, and for every female, or child
under sixteen years of age, of such enemy Indians- taken captive,
the sum of two hundred pounds old tenor, and for every scalp of
such female or child, killed in fight, the sum of one hundred and
seventy-five pounds old tenor. And to the inhabitants of this Colo-
ny attacked by Indian enemies, and to such souldiers as may be
employed by this Colony issuing out upon any party or parties of
Indians, shall be given for each enemy Indian killed and scalp pro-
duced, or taken prisoner by such inhabitant or souldiers, the sum of
one hundred pounds old tenor. All whiish payments to be made by
the Treasurer of this Colony on an order to be drawn for the pur-
pose by the said Committee of War, on such prisoner or scalps
produced to the acceptance of said committee.

Past in the Upper House.

Test. George Wyllys, Secret'y.
Concurred with in the Lower House.
Test. Jno. Fowler, Clerk.

230 PUBLIC RECORDS [June,

[368] Anno Rec/ni Regis Greorgii secundi vigessimo.

At a General Assembly holden at New Haven in his
Majesties English Colony of Connecticut in New Eng-
land IN America, (by special order of his Honour the
Governor,) on Thursday the 19th day of June, and
continued, by several adjournments until the day

OF the same month, annoque Domini 1746.

Present :
The Honourable Jonathan Law, Esquire, Governor.
The Honbie Roger Wolcott, Esq"", Deputy Governor. .

James Wadsworth, ) Thomas Fitch, ^

Nathaniel Stanly, j Roger Newton, I "ri , r-- a.

Timothy Pierce, )>Esq''% Ebenezer .Sillman, )> •. ', "

Samuel Lynde, | Jonathan Trumble, j

William Pitkin, ) Andrew Burr, J

Representatives or Deputies that attended at tJds Assembly are as
folloiv^ (viz :)

Mr. Joseph Talcott, for Hartford.

Colo. Gurdon Saltonstall, for New London.

Major Thomas Dyer, Capt. Eliezer Gary, for Windham.

Capt. John Fowler, Mr. Robert Treat, for Milford.

Colo. Jonathan Hoit, for Standford.

Capt. Asahel Strong, Mr. John Hooker, for Farmingtown.

Mr. Samuel Fitch, Mr. James Lockwood, for Norwalk.

Capt. Robert Walker, Capt. David Judson, for Stratford.

Capt. Charles Bulkley, Capt. Nath'.Foot, for Colchester.

Major Ebenezer Marsh, Capt. Joseph Bird, for Litchfield.

Mr. Joseph Brunson, Mr. Timothy Judd, for Waterbury.

Capt. Moses Hawkins, Mr. Aljel Gun, for Derby.

Mr. John Hall, Colo. Benjamin Hall, for Wallingford.

Mr. William Johnson, for Mansfield.

Capt. John Mead, Capt. Israel Knapp, for Greenwich.

Mr. John Hitchcock, Capt. Samuel Sherman, for New Haven.

Capt. Samuel Burr, for Fairfield.

Colo. Hez'i Huntington, Mr. Ebenezer Backus, for Norwich.

Colo. William Preston, Mr. Noah Hinman, for Woodberry.

Capt. Samuel Parker, for Coventry.

Mr. James Bicknal, Mr. William Watkins, for Ashford.

Mr. Thomas Benedict, Capt. Josiah Starr, for Danbury.

Capt. Joseph Phelps, for Hebron.

Colo. John Dyer, Mr. Stephen Frost, for Canterbury.

Capt. Elnathan Stephens, for Killingsworth.

Mr. Ebenezer Bateman, Mr. Penuel Child, for Killingly.

Capt. Richard Olmstead, Mr. Samuel Olmstead, for Ridgfield.

1746.] OF CONNECTICUT. 231

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say-
brook.
Mr. Hez''. Brainerd, for Haddam.

Mr. Ebenezer West, Major Joseph Fowler, for Lebanon.
[369] Capt. Nath'. Harrison. Capt. Robert Foot, for Brandford.
Mr. John Plumphrey, for Symsbury.
Mr. William Wittar, Capt. Samuel Hoit,* for Preston.
Colo. John Chester, Mr. Elisha Williams, for Weathersfield.
Colo. Christopher Avery, Mr. Jolin Ledyard, for Groton.
Mr. John Griswould, Mr. Richard Lord, for Lyme.
Mr. Seth Wetmore, for Midletovvn.
Colo. Samnel Hill, Capt. Timothy Stone, for Guilford.
Mr. David Noble, for New Milford.

Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury.
Mr. Simeon Minor, Capt. John Breed, for Stoningtown.
Major Elihu Chauncey, Mr. James Wadsworth, for Durham.
Mr. William Marsh, for Plainfield.

Mr. Ebenezer Holelirook, Capt. Noah Sabin, for Pomfrett.
Colo. Samuel Hill, Speaker, ) of the House of Repre-
Capt. John Fowler, Clerk, ) sentatives.

Whereas this Assembly, at their sessions in May last,
resolved that there should be forthwith raised in this Colony
six hundred able-bodied effective men, or more if they should
offer themselves, to be imployed in his Majesties service in an
expedition for the reduction of Canada ; and for the encourage-
ment of such men voluntarily to enlist themselves into the
said service, among other things, granted a reward of ten
pounds old tenour to each man that should inlist, and to such
as should appear with cloathing to the acceptance of his cap-
tain or chief military officer, and provide himself with a
blanket, should have the sum of thirty pounds old tenour :
And whereas it appears necessary to this Assembly that,
in order the more effectually and speedily to promote the
said service, the number of men to be raised should be ascer-
tained, and greater encouragement given, and the price for
the cloathing and blankets enlarged, and, in case the number
ascertained should not voluntarily enlist themselves, that the
number wanting to make up the complement should be im-
prest to go into said service : Thereupon,

It is resolved hy the Gfovernor, Council and Representatives,
in General Court assembled, and hy the authority of the same.
That there shall be raised, as soon as possible, in this Colony
the number of one thousand able-bodied effective men, (includ-
ing officers,) for the service aforesaid, inclusive of those who

* Probably an error in the record for Coit.

232 PUBLIC RECORDS [June,

are already raised in pursuance of the resolve of this Assem-
l>ly aforesaid ; and that each souldier that has already enlisted,
or shall voluntarily enlist into the said service, shall have
paid him as a premium the sum of thirty pounds in old tenor
l)ills of credit, or in new tenor bills equivalent, in the lieu
and stead of the ten pounds granted in May. Always pro-
vided, that the ten pounds aforesaid already paid to such as
have enlisted shall be accounted part of the said thirty pounds.

And it is further resolved^ That instead of the thirty pounds
allowed l)y the resolve in May last for the cloathing of each
souldier and for each blanket, where the souldiers shall pro-
vide themselves with them, be forty pounds old tenor bills, or
new tenor equivalent ; and his Honour the Governor is desired
to issue forth proclamations and orders accordingly.

It is also recommended to his Honour the Governor, that
lie improve Andrew Burr, Thomas Wells, Hezekiah Hunting-
( 870] ton, Gurdon Saltonstall, || John Fowler, and Jabez
Hamlin, Esq's, to provide the cloathingand blankets that shall
be found necessary and wanting for the soldiers employed in
said service, and that he improve Jonathan Trumble and
Hezekiah Huntington, Esqi's, to provide, in the best and
most reasonable manner, such good fire-locks, cutlasses, car-
touch-boxes and belts as may be wanted for said service ; and
that his Honour the Governor draw on the Treasurer for
money needful to purchase the cloathing, blankets and arms
aforesaid. And his Honour the Governor is hereby desired
to have the accounts hereof prepared and laid before Lieut.
General St. Clair, who is by his Majesty authorized and im-
powered to make a reasonable allowance for defraying the
expence thereof.

And it is further enacted hy the authority aforesaid, That if
by reasonable contracts and bargains the said preparations
cannot be made, his Honour the Governor, Deputy Governor
and the assistants of this Colony, to any of whom any of the
commissaries or persons aforesaid are to apply, are authorized
and directed to grant proper warrants to impress victuals,
transports, cloathing, arms and other necessaries tliat can-
not otherwise i^^asonably be obtained for the service afore-
said.

Itis further resolved, T\\Qiii\\Q billeting the souldiers shall
be allowed to be at the rate of sixteen shillings per week old
tenor for each souldier, and so pro rata, and eighteen pence
per meal when they are marching ; and that the captain, with
the advice of one justice of the peace, shall have power and
authority to appoint the place and places of their billeting.
. And it is further resolved, That in case there shall not ap-

1746.] OP CONNECTICUT. 233

pear a sufficient number of volunteers to fill up the several
companies resolved to be raised for the service aforesaid, by
the first day of July next, the several enlisting officers who
shall then want any man or men to make up his or their com-
plement, shall immediately certify to his Honour the Governor
what number of men they respectively want, to fill their com-
panies : Thereupon his Honour the G-overnor, with the advice
of the Committee of War appointed to assist his Honour, is
desired and fully impowered to give proper orders or warrants
to such ofiicers as they shall judge proper, for the impressing
so many able-bodied effective men, either out of the militia or
of vagrant or wandering persons, as shall be necessary to fill
up such company or companies, who being thus impressed
shall attend the said service or be treated and suffer as de-
serters. Always provided, that if any such impressed men
shall within twenty-four hours after they shall be impressed,
shall voluntarily inlist themselves into said service, they shall
be accounted volunteers and receive the same reward and ben-
efits as other volunteers receive.

A7id it is further resolved, That in case it shall be found nec-
essary for any part of the militia to be mustered, in order to
make said impresses, and the captain of any company shall or-
der a muster for said purpose, that if any souldier, being
warned by order of his captain to muster at time and place by
said captain to be appointed, shall not attend said muster, un-
less prevented by sickness or other inevitable providence, shall
forfeit to the Treas'urer of the Colony, for the use of the Col-
ony, the sum of twenty pounds old tenor bills, to be levied by
a warrant signed by the two chief officers of the company to
which such soldier belongs, as other military fines by law are
to be levied.

Resolved by this Assembly, That if any soldier that has al-
ready or shall hereafter inlist into the present expedition
[371] against Canada, and receive || the premium granted by
this Assembly, and shall after such receipt of the premium, or
after such enlistment, desert his Majesty's service, shall re-
fund and pay back the money he has or shall receive of the
inlisting officer with whom he shall inlist into the publick treas-
ury of this Colony, in addition to the penalties already pro-
vided by the laws of this Colony in case of desertion ; and in
case he be not able to refund and pay back said money, shall
be sold by the county court in that county where the offence
is committed, to any of his Majesty's subjects, for the repay-
ment of the same.

Resolved by this Assembly, That his Honour the Governor
30

234 PUBLIC RECORDS [June,

be desired, and he is hereby desired, forthwith to lay an im-
bargo upon all provisions of pork, beef, wheat, bread, flour,
pease and beans, of the produce of this Colony, until the first
day of August next, unless the Governor shall see cause to take
off the same before the expiration of said term ; and that no
provisions, as aforesaid, during saidimbargo shall be conveyed
out of the limits of this Colony, upon the penalty of the for-
feiture of the same provisions, or the price thereof, to the use
of the Colony.

Whereas this Assembly resolved, in May last, that the com"
missaries should for the present provide five months provis-
ions for the forces to be raised in this government to be im-
ployed in the expedition against Canada :

It is now resolved, That the commissaries appointed for said
service forthwith make the necessary provisions for the sub-
sistence of the forces now resolved to be raised, for the space
of five months from their embarkation, to be sent with the said
forces.

It is also resolved, That the said commissaries do make the
necessary provisions for the subsistence of said forces the space
of seven months more, which they are directed to engage and
procure as soon as may be, and to get them ready for trans-
portation by the tenth day of September next, and accordingly
send the same to be delivered to the commissary imployed by
this government, for the use of our forces in the service afore-
said ; unless that before that time it shall appear to his Hon-
our the Governor and Committee of War, that the said seven
months provision need not be sent, in which case his Honor is
desired to give orders to the commissaries to proceed no further
in the business aforesaid.

Whereas this Assembly is informed that Capt. Martin Kel-
logg is acquainted with a considerable part of the navigation
of the river of St. Lawrence: This Assembly, in compliance with
his Majesty's directions signified to us by his Grace the Duke
of Newcastle, do appoint Nathaniel Stanly and William Pit-
kin, Esq", to agree with and engage the said Capt. Kellogg,
to serve as a pilot on board his Majesty's fleet in the expedi-
tion against Canada, and certify to his Honour their conclu-
sions with the said Captain Kellogg ; and thereupon his Hon-
our the Governor is desired to acquaint Rear Admiral War-
ren, that the said Kellogg is ingaged as aforesaid, and also
the rate at which he shall be engaged.

An Act for emitting' Bills of Credit.
Be it enacted by the Governor^ Council aiid Representatives,
in Greneral Court assembled, and by the authority of the same,

1746.] OF CONNECTICUT. 235

That there be forthwith struck a certain number of bills of
credit on tliis Colony, new tenor, from three pounds to seven
shillinjrs, which in the whole shall amount to the sum of
thirty-five thousand pounds, and no more, and to be signed
by the committee appointed for signing the bills of credit of
[372] this Colony, or any three of them, and by them be put ||
into the hands of the Treasurer of this Colony, taking his
receipt for the same ; and the Treasurer is hei-eby ordered to
pay out the same to answer the debts of this Colony, agreeable
to such orders as shall be given to him from time to time,
according to law.

And, as a fund or security for the repayment and drawing in
the said bills into the Treasury again, this Assembly grant a
tax or rate of thirty-six thousand seven hundred and fifty
pounds, to be raised on the polls and rateable estate of the
inhabitants of this Colony, and to be paid into the treasury
of this Colony by the first day of May, A. D. 1758, to be paid in
bills of credit of this Colony, or in silver money as it generally
passeth in the Colony at the time of payment.

Resolved by this Assembly^ That his Honour the Governor
and the Committee of War appointed to assist his Honour, do,
and they are hereby impowered to act and do in all matters
not particularly provided for by the Assembly relating to the
expedition against Canada, and give all proper orders for the
same, as fully and amply with regard to all necessaries for
the thousand men by this Assembly resolved to be raised, as
they were impowred to do for the six hundred or more or-
dered to be raised by the Assembly in May last.

This Assembly do appoint Captain William Whiting to be
Captain of a company of foot to be raised in this Colony for
the expedition against Canada.

This Assembly do appoint Mr. Samuel Fitch, of Lebanon,
to be First Lieutenant of Captain William Whiting's company
of foot to be raised in this Colony for the expedition against
Canada.

This Assembly do appoint Doct. Normand Morrison, of
Hartford, to be Second Lieutenant of Captain William Whit-
ing's company of foot to be raised in this Colony for the expe-
dition against Canada.

This Assembly do appoint Mr. Daniel Sharp Ensign of Cap-
tain William Whiting's company of foot to be raised in this
Colony for the expedition against Canada.

This Assembly do appoint Captain John Whiting, of Ston-
ington, to be First Lieutenant of Captain Denison'a company

236 PUBLIC RECORDS [June,

of foot to be raised in this Colony for the expedition against
Canada,

This Assembly do appoint Mr. Roger Billings to be Second
Lieutenant of Captain Denison's company of foot to be raised
in this Colony for the expedition against Canada.

This Assembly do appoint Mr. Isaac Jones to be Ensign of
Captain Denison's company of foot to be raised in this Colony
for the expedition against Canada.

This Assembly do appoint Captain Elihu Hall, of Walling-
ford, to be Captain of a company of foot to be raised in this
Colony for the expedition against Canada.

This Assembly do appoint Mr. Samuel Sanford the 3d, of
Milford, to be First Lieutenant of Capt. Elihu Hall's company
of foot to be raised in this Colony for the expedition against
Canada.

This Assembly do appoint Mr. John Russell jun"", of Brand-
ford, to be Second Lieutenant of Captain Elihu Hall's company
of foot to be raised in this Colony for the expedition against
Canada.

This Assembly do appoint Mr. Arthur Worster, of Derby, to
be Ensign of Captain Eliliu Hall's company of foot to be raised
in this Colony for the expedition against Canada.

[373] This Assembly do appoint Captain Joseph Worster to
be Captain of a company of foot to be raised in tliis Colony for
the expedition against Canada.

This Assembly do appoint Mr. Daniel Belding, of Norwalk,
to be First Lieutenant of Captain Joseph Worster's company
of foot to be raised in this Colony for the expedition against
Canada. .

This Assembly do appoint Mr. Eliakim Robbinson, of New
Haven, to be Second Lieutenant of Captain Joseph Worster's
company of foot to be raised in this Colony for the expedition
against Canada.

Tbis Assembly do appoint Mr. James Mead to be Ensign of-
Captain Joseph Worster's company of foot to be raised in this
Colony for the expedition against Canada.

This Assembly do appoint Mr. David Burr Second Lieuten-
ant of Captain Josiah Starr's company of foot to be raised in
this Colony for the expedition against Canada.

This Assembly do appoint the Reverend Mr. Ashbel Wood-
bridge, of Glasscnbury, to be improved as Chaplain to the
forces raised in this Colony for the expedition against Canada.

This Assembly do appoint Doctor Normand Morrison to be

1746.] OF CONNECTICUT. 237

improved as Chief Physician and Chirurgeon in the expedi-
tion against Canada.

Resolved hy this Assembly^ That three chirnrgeon's mates be
imployed in the expedition against Canada.

Whereas it is supposed that the staff officers appointed by
this government to serve in the expedition against Canada
will be taken into his Majesty's pay: This Assembly do re-
solve, that in case the said officers be taken into his Majesty's
pay, the several wages granted by this Assembly in May last
to such officers shall not be jmid them ; anything in the said
grant contained notwithstanding.

Upon the memorial of the third society of Brandford, shew-
ing this Assembly that the inhabitants of said society at tlieir
legal society meeting, more than two-thirds voted that it was
necessary to build a meeting-house in said society for divine
worship, and praying this Assembly for a committee to affix
a place for said inhabitants to build a meeting-liouse upon, &c.:
Resolved by this Assembly, that Captain John Hubbard, Capt.
Jonathan Allyn, and Mr. John Hitchcock, all of New Haven,
be a committee to repair to said society, notify all parties con-
cerned, view their circumstances, and hear them fully on the
premises, and affix a place for said inhabitants to build a meet-
ing-house upon, and make return to this Assembly in October
next.

This Assembly do appoint Nathaniel Stanly, William Pitkin,
Esq's, ai^d ]\fi., Joseph Talcott, a committee to attend the Sec-
retary of this Colony at Hartford, to hear the acts and orders
of this Assembly read off, and then signed by the Secretary as
compleat.

[374] Anno Regni Regis Greorgii secundi vigessimo.
Connecticut

Colony.

At a General Assembly holden at New Haven in his
Majesties English Colony of Connecticut in New Eng-
land in America, on the second Thursday of October,
(being the 9th day op said month,) and continued by
several adjournments until the 24th day of the same
month, annoque domini 1746.

Present:
The Honourable Jonathan Law, Esquire, Governour.
The Honi^'e Koger Wolcott, Esq"", Deputy Governour.

238 PUBLIC RECORDS [October,

James Wadsworth,^ Thomas Fitch, "^

Nathaniel Stanly, Roger Newton, | Ass'st

Timothy Pierce, )>Esq'■^ Ebenez^. Silliman, )>Esq'-s. \

Samuel Lynde, | John Bulkley, |

William Pitkin, j Andrew Burr, j

Representatives or Deputies that attended at the Assembly
are as follow, (viz:)

Colo. Joseph Pitkin, Mr. Thomas Seymour, for Hartford.

Mr. Jeremiah Millei-, Mr. Jeremiah Chapman, for New Lon-
don.

Colo. Hez^ Huntington, Mr. Ebenezer Backus, for Norwich.

Mr. James Bicknal, Mr. William Watkins, for Ashford.

Colo. John Chester, Colo. Elizur Goodrich, for Weathersfield.

Capt. Nathan Baldwin, Mr. Robert Treat, for Milford.

Mr. Joseph Strong, Mr. Ebenezer Root, for Coventry.

Mr. John Noyes, Mr. Joseph Denison, for Stoningtown.

Mr. John Humphrey, Mr. Joseph Wilcoxson, for Symsbury.

Capt. Moses Hawkins, Mr. Abel Gun, for Derby.

Mr. Hezekiah Brainerd, for Haddam.

Capt. Josepli Bird, Major Ebenezer Marsh, for Litchfield.

Colo. Christopher Avery, Mr. Ebenezer Avery, 2d, for Groton.

Mr. Samuel Fitch, Mr. Joseph Piatt, for Norwalk.

Mr. John Hitchcock, Capt. Samuel Sherman, for New Haven.

Colo. Samuel Burr, Capt. John Read, for Fairfield.

Mr. Samuel Canfield, Mr. David Nol)le, for New Milford.

Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury.

Capt. Joseph Phelps, Mr. Benjamin Skinner, for Hebron.

Capt. Charles Bulkley, Mr. John Day, for Colchester.

Mr. Stephen Frost, Capt. Jabez Fitch, for Canterbury.

Capt. Thomas Storrs, Mr. William Johnson, for Mansfield.

Capt. John Mead, Capt. Israel Knapp, for Greenwich.

Capt. Elnathan Stephens, Capt. Isaac Kelsey, for Killing-
worth.

Capt. Jabez Chapman, for East Haddam.

Capt. James Beebe, Mr. Thomas Benedict, for Danbury.

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say-
brook.

Mr. Robert Dixson, Mr. Thomas Kesson, for Voluntown.

[375] Colo. Samuel Hill, Capt. Timothy Stone, for Guilford.

Colo. Jonathan Hoit, Capt. Jonathan Maltbie, for Standford.

Colo. William Preston, Mr. Noah Hinman, for Woodbury.

Mr. Boaz Stearns, Mr. John Dvvight, for Killingly.

Major Elihu Chauncey, Mr. James Wadsworth, jun., for Dur-
ham.

Capt. Roger Wolcott, Capt. Pelatiah Allyn, for Windsor.

1746.] OP CONNECTICUT. 239

Capt. Theophilus Nichols, Mr. Joseph Booth, for Stratford.

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown.

Mr. Samuel Olmstead, Capt. Richard Olmstead, for Ridgfield.

Capt. Gershom Clark, Mr. Ebeuezer West, for Lebanon.

Mr. John Griswould, Capt. Elisha Shelden, for Lyme.

Mr. John Creerey, Mr. Benjamin Wheeler, for Plainfield.

Capt. Timothy Hopkins, for Waterbury.

Colo. Benjamin Hall, Capt. William Ward, for Wallingtbrd.

Capt. Nathaniel Harrison, Capt. Robert Foot, for Brandford.

Mr. Ebenezer Holebrook, Mr. Thomas Cotton, for Pomfrett.

Capt. Asahel Strong, Capt. Hezekiah Lee, for Farmingtovvn.

Colo. Tliomas Welles, Speaker, ) of the House of Repre-

Mr. Jeremiah Chapman, Clerk, ) sentatives.

An Act directing Proprietors of Lands lying convenient for a Common
Field, MThere no Common Field has been before made and used, how
they shall be enabled to form such Lands into a Common Field.

Be it enacted hy the Grovertior, Council and Representatives,
in General Court assembled, and hy the authority of the same,
That when any number of proprietors within this Colony have
such lands lying convenient to be improved as a common field,
wherein five-sixth parts of said proprietors shall agree to im-
prove their said land as a common field, (always accounting
their votes by their interest in said lands,) are hereby directed
to represent the circumstances of their said lands to the county
court in the same county where said lands do lye, and notify
the other proprietors of said lands to appear at said court, to
make their objections, if any they have, against said lands
being improved as abovesaid ; and on said proprietors obtain-
ing the approbation and allowance of the county court to im-
prove said lands as abovesaid, the proprietors of sucii lands
are hereby allowed to improve said lands as a common field,
and shall have the benefit of the laws of this Colony made for
regulating and protecting common fields.

An Act for enlarging the District of the Court of Probate at Dan bury in
Fairfield County.

Be it enacted hy the Crovernor, Council and Representatives,
in G-eneral Court assembled, and by the authority of the same.
That the town of Ridgfield be annexed, and it is liereby an-
nexed, to the district of Danbury; any law to the contrary
notwithstanding.

The Gentlemen nominated by the Votes of the Freemen of this Colony to
stand for Election in May next are as follow, (viz :)

The Honourable Jonathan Law, Esqf.

The Honourable Roger Wolcott, Esq''.
James Wadsworth, Esq^. Jonathan Trumble, Esq''.
Nathaniel Stanly, Esq^ John Bulkley, Esqf.
Ozias Pitkin, Esq^ Andrew Burr, Esq^.

240 PUBLIC RECORDS [October,

Timothy Pierce, Esq^. Hezekiah Huntington, Esq'".

Samuel Lynde, Esq^ Colo. John Chester.

William Pitkin, Bsq^. Mr. Elisha Williams.

Thomas Fitch, Esq^. Mr. John Griswould.

Roger Newton, Esq^. Colo. Benjamin Hall.

Ebeiiezer Silliman, Esq'. Colo. Gurdon Saltonstall.

[376] This Assembly do establisli and confirm Mr. Caleb
Hall jun'". to be Lieutenant of the second company or trainband
in the town of Wallingford, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Moses Hall
to be Ensign of the second company or trainband in the town
of Wallingford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Nathaniel Gid-
dings to be Captain of the fifth company or trainband in the
town of Norwich, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Ebenezer Nye
to be Captain of the company or trainband in the town of
Tolland, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Ephraim
Grant to be Lieutenant of the company or trainband in the
town of Tolland, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Solomon Loomis
to be Ensign of the company or trainband in the town of Tol-
land, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Glover
to be Captain of the 2d company or trainband in the town
of Newtown, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Daniel Booth
to be Lieutenant of the 2d company or trainband in the
town of Newtown, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Heth Peck to
be Ensign of the 2d company or trainband in the town of
Newtown, and order that he be commissioned accordingly.

This Assembly do establisli and confirm Mr. Benjamin Tal-
cott to be Captain of the company or trainband in the town
of Bolton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joel White to

1746.] OP CONNECTICUT. 21:1

be Lieutenant of the company or trainband in the town of
Bolton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jabez Loomiss
to be Ensign of the company or trainband in the town of
Bolton, and order that he be commissioned accordingly.

This Assembly do estaldish and confirm Mr. William Burn-
ham to be Captain of the 7th company or trainband in the
6th regiment in this Colony, and order that he be commis-
sioned accordingly.

Tliis Assembly do establish and confirm Mr. Joseph Porter
to be Lieutenant of the 7th company or trainband in the
sixth regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. El^^nezer Hart
to lie Ensign of the 7th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Benjamin
Chamberlain to be Lieutenant of the north company or train-
band in the town of Colchester, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Aaron Skinner
to be Ensign of the north company or trainband in the town
of Colchester, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel St.
John to be Captain of the 2d company or trainband in the
town of Norwalk, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Elnathan Han-
ford to be Lieutenant of the 2d company or trainband in the
town of Norwalk, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Nehemiah Mead
to be Ensign of the 2d company or trainband in the town of
Norwalk, and order that lie be commissioned accordingly.

This Assembly do establish and confirm Mr. Jonas Belton
to be Ensign of the 3d company or trainband in the town of
Groton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Elisha Lothrop
to be Captain of the 6th company or trainband in the town
of Norwich, and order that he be commissioned accordingly.

[o77] This Assembly do establish and confirm Mr. Samuel
Lothrop Bd to be Ensign of the 6th company or trainband in

242 PUBLIC RECORDS [October,

the town of Norwich, and order that he be commissioned ac-
cordingly.

This Asseml)ly do establish and confirm Mr. Aaron Cook
to be Captain of the company or trainband at the od society
in Brandford, and order that he be commissioned accordingly.

This Assembly do establish Mr. Philip Pond to be Lieuten-
ant of the company or trainband at the 3d society in Brand-
ford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Josiah Rogers
jun'". to be Ensign of the company or trainband at tiie 3d
society in Brandford, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Josiah Starr to
be Captain of the first comj)any or trainband in the town of
Danbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Benedict
to be Lieutenant of the first company or trainband in the
town of Danbury, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Jabez Daviss
to be Ensign of the first company or trainband in the town of
Danbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Josiah Averill to
be Captain of the 4th company or trainband in the town of
Woodberry, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Richard Peet
to be Lieutenant of the 4th company or trainband in the town
of Woodberry, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Mor-
gan to be Lieutenant of the 2d company or trainband in the
town of Groton,and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Theophilus
Avery to be Ensign of the 2d company or trainband in the
town of Groton, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Eleazer Fitch
to be Ensign of the first company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do order and direct Colonel John Whiting,
Treasurer of this Colony, to attend the Assembly on Wednes-
day the 22d day of October instant, and bring with him a
sufficiency of bills of credit in his hands to defray the chai-ges
of the Assembly.

1746.] OP CONNECTICUT. 243

Upon the petition of George Richards, of New London, vs.
Jonathan Mack, of Lyme, complaining of a jndgraent of the
superior court held in New London on the fourth Tuesday of
September last, rendered in favour of tlie said Mack against
the said Richards in a case wherein the said Mack was plain-
tiff and the said Richai'ds was defendant ; praying for relief,
as per his petition on file: Resolved by tliis Assembly, that
the said judgment of the superior court be reversed, and the
same is hereby reversed and set aside, and that the said
Richards shall have liberty of another tryal of the said case
at the superior court to be held at Norwich on the fourth
Tuesday of March next ; and that the whole cost shall follow
the {inal*judgment that shall be given in said case.

Upon the memorial of Lieutenant Joseph Hart, Jonathan
Miller, and the rest of the northern inhabitants belonging to
the first society in Farraingtown, living on or near the divisions
of land commonly called the divisions of land against Nodd,
representing their great distance from the place of publick
worship and difficulty of attending the same in tlie winter
season, &c. : Resolved Ijy tiiis Assembly, that all said iiihal)i-
tants, from Symsbury bounds southward so far as to include
the houses and estates of John Orton and Simeon Judd, and
east to the mountain called Pinacle Mountain, and west so
far as to include the first tier of lots in the aforesaid division
on the west side of Farmingtown*River, shall have liberty to
hire some suitable orthodox person to preach the gospel among
them during the months of December, Januaiy, February and
March, annually ; and that during such time as they shall
hire a suitable orthodox person, to preach as aforesaid in the
months aforesaid, they shall be freed fi'om other ministerial
charges in the said town ; and that tliey shall have powers and
privileges according as by law in such cases is provided.

[378] Upon the memorial of Edward Higbey, of Midle-
town in the county of Hartford, administrator on the estate
of John Dowd, late of Midletown, deceased, shewing to this
Assembly that the debts and necessaries set out to the widow
of said deceased surmount the moveable estate the sum of
■£404 8s. 8d. old tenour money, praying this Assembly to im-
power the said memorialist to sell so much of the real estate
of said deceased as to answer said sum and cost: Resolved by
this Assembly, that the said administrator, with the advice of
the court of probate in Hartford county, sell so much of the
real estate of tlie said deceased as to pay said sum of £404
8s. 8d. with the incident charges thereon arising.

On the petition of Benjamin Wilmott, of New Haven, vs.

244

PUBLIC RECORDS

[October,

Jonathan Mansfield, of New Haven, on file, the question was
put, whether the pleas offered in abatement of said petition
are sufficient : Resolved by this Assembly in the affirmative.
Cost allowed respondent X4 Os. 0. Ex granted Oct. 24:th, 174(3.

The Sums total of the Lists of Estate of the several Towns in this

Colony hereafter mentioned, and sent in to this Assembly

and accepted, are as follow, (viz :)

£ s.

Hartford,

32936

New Haven,

47516 16

New London,

28464

Fairfield,

44100 14

Windham,

20229

Norwich,

45513 14

Ridgefield,

8703

Colchester,

19591 4

Farming-town,

82076

Ash ford.

8736 19

Coventry,

13000

Killingly,

17720 10

Litchfield,

8242

Standford,

25790 11

Vohintown,

7923

Mansfield,

12420 8

Durham,

10282

East Haddam,

, 16721 12

Norwalk,

29538

11*

Haddam,

9793 8

Stratford,

34455

Windsor,

34238 10

Derby,

10016

Woodberry,

21565 18

Groton,

21592

Lyme,.

22802 11

Killingsworth,

13507

Dan berry,

13394 0

Lebanon,

34110

New Milford,

9819 1

Weathersfield,

25585

Stoningtown,

28782 8

Glassenbury,

10599

Guilford,

30874 14

Plainfield,

10701

Hebron,

14031 16

Greenwich,

19464

Preston,

16642 10

Canterbury,

12647

Saybrook,

18035 3

Symsbury,

15300

Brand ford.

21728 11

Waterbury,

13380

Wallingford,

35811 11

Pom fret,

137«9

Midletown,

41427 4

Milford,

26397

Upon the memorial of Daniel Andruss and Eunice Andruss,
administrators on the estate of Timotliy Kelsey, late of
Weathersfield, deceased, representing that the debts, charges,
&c., due from the estate surmount the moveable part of said
estate the sum of <£182 ll.s. F)d. and praying that said memo-
rialists may be impowered to sell so much of the real estate of
said deceased as will be sufficient to procure said sura : Resolved
by this Assembly, that the memorialists be impowered, and
they are hereby impowered, to sell so much of the real estate
of said deceased as will procure said sum of £182 lis. od.
with the incident charges arising on said sale, taking the
direction of the court of probate in the district of Hartford
therein.

[379] Resolved by this Assembly., That the fee for impound-

1746.] OF CONNECTICUT. 245

ing neat cattle that are taken damage feasa7it shall be two shil-
lings for each head, in bills of credit of the oldtenour, whereof
four pence shall be to the keeper of the key ; any law, usage or
custom to the contrary notwithstanding.

Upon the petition of James Tilley, of New London, vs.
Thomas Forsdick, of said New London, complaining that he,
said Tilley, and Ruth his wife, by their deed of mortgage
dated the 16th day of February, 172f , mortgaged the spot of
land whereon the petitioner's dwelling house stands to the
said Forsdick, which land not l)eing redeemed according to
the condition of said mortgage, the said Forsdick sued for
the surrendry of said land, with the petitioner's house built
thereon since the said mortgage was given ; and that, pending-
said suit, the said Tilley agreed with and purchased of the
said Forsdick all his right in the said land &c.,but suffered
final judgment in tlie superior court in Norwich, March, 1744,
to be rendered against him in favour of said Forsdick after
the said purchase ; alledging they agreed that the said Fors-
dick should take no benefit by said judgment, but that the
said Tilley should have the direction thereof; and, that not-
withstanding, the said Forsdick had taken out execution
requiring the officer to serve the same, to the said Tilley's
great damage; and thereupon praying for relief, as per his
petition on file more fully appears ; on which petition the
parties being heard, the said Forsdick's attorney consented a
committee should be appointed to enquire into and make
report in said affair: Therefore, its resolved by this Assem-
bly, that. Messrs. John Griswould, Jedadiah Cliapman and
Stephen Lee, l)e a committee, and they are hereby appointed
a committee, to enquire by all proper means into the matters
of controversy referred to in said petition, and hear the par-
ties thereon, and make report of what they shall find, with
their opinion thereon, to this Assembly at their sessions in
Hartford in May next ; and that the execution on the judg-
ment of the superior court be suspended till the rising of said
Assembly.

Upon the memorial of the inhabitants of the parish of
Chester in the town of Say brook in the county of New Lon-
don, representing to this Assembly that Capt. Abraham
Waterhouse, who was appointed by this Assembly to collect a
tax granted on all the unimproved lands in said parish by this
Assembly at their sessions at New Haven October, 1740, was
unable to collect the same, by reason he had not authority to
sell said lands where no persons or personal estate cannot
be found ; praying said Waterhouse may be by this Assembly

246 PUBLIC RECORDS [October,

impowered to sell so much of the lands taxed as to pay said
tax with the necessary charges of sale : Resolved and enacted
by this Assembly, that the said Capt. Abraham Waterliouse,
after having set up a notification in the state house in New
London or Norwich, where said court is holden sixty days
l)efore the sale, which shall be during the sessions in said
county of New London, mentioning the sum of the tax un-
paid, for what years, and from whom due, and the time of
sale, and the place, which shall be at the meeting-house in
said parish, and also set up like notifications in the town of
Saybrook and in said parish of Chester, the persons then not
paying said tax with tlie charges of notification tfec. according
to the tax, then at tlie end of sixty days the said Capt. Water-
house shall proceed to sell at a publick vendue so much of the
lands of any and all persons thus taxed within said parish, to
tlie highest bidder, as will pay the tax in arrears with the
charges of sale ; and is hereby fully impowered to measure off
and give deed or deeds of tlie same, wliicli deed or deeds shall
[380] be as good and effectual in law to pass || the title in fee
as if executed by the proprietor or proprietors of said land.

Said parish also praying that a tax, in order to finish their
meeting-house, of four pence per acre be granted on all the
land in said parish- : Resolved and enacted also, that a tax of
four pence old tenour a year per acre be granted to said parish
of Chester on all the lands within said parish for the space of
four years next after the rising of this Assembly, and that the
same be for the use of said parish, to build and finish their
meeting-house ; and that Capt. Abraham Waterhouse above-
said be, and is hereby, fully impowered to collect the same
and, if need be, under the above regulation, to sell the land of
the proprietors in said parish to pay said tax: said tax to be
levyed according to the grant of the division of said lands.

This Assembly do establish and confirm Mr. James Ransom
to be Ensign of the company or trainband in the parish of
New Salem, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Friend Weeks
to be Captain of the 5th comi)any or trainband in the town
of Woodberry, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Nathaniel
Durke to he Ensign of the 5th company or trainband in the
town of Woodberry, and order that he l)e commissioned ac-
cordingly.

Upon the memorial of John Jerom and Stephen Jerom,
of Brandford in the county of New Haven, praying for the

1746.] OP CONNECTICUT. 247

sole liberty of making salt in this Colony by boiling sea water,
and setting forth their skill and ability to set up and carry on
said woiks, and readiness to undertake and engage in said
business if suitably encouraged therein ; and this Assembly
considering the advantage such a manufacture may be to this
Colony, if succeeded : It is resolved by this Assembly, that the
memorialists, their associates and assigns, shall have the sole
liberty and privilege of making salt, by boiling of sea water,
in this Colony, and the said liberty and privilege is hereby
granted unto them for the space of fourteen years from this
time ; and all and every other person and persons are hereby
forbid and prohibited setting up, erecting and carrying on any
works, buildings or materials for carrying on the business of
making salt, as aforesaid, in this Colony, for the space of four-
teen years next coming, without the liberty of the memorial-
ists, their associates or assigns, on penalty that every such
person or persons so doing shall forfeit the sum of five hun-
dred pounds money, to be recovered by the memorialists and
their associates or assigns in any court proper to try the same :
provided, nevertheless, that if the memorialists, their associates
and assigns, shall neglect or fail, to erect, set up and prepare
suitable works and materials for the making of salt, as aforesaid,
for the space of two years, or shall fail of making the quan-
tity of five hundred bushels of good salt in any one of the
remaining twelve years after the said two years, that then this
grant and every part thereof shall be void and of none effect ;
anything therein before to the contrary in any wise contained
notwithstanding.

On the memorial of Thomas Mathews and Rebecca Thomas,
administrators on the estate of Samuel Thomas, late of Water-
bury, deceased, shewing that the debts on said estate surmount
the moveable estate X52 4s. Sd., praying that the real estate
of the said Samuel Tliomas may be ordered to be sold for that
purpose, and that some meet person may be appointed there-
unto : Resolved by this Assembly, that Mr. John Southniaid
be, and he is hereby, impowered to make sale of so much of
the real estate of said deceased that is free from any incum-
brance of a mortgage, as shall be sufficient to pay said X52
4s. 8d. with incident charges arising thereon; taking the di-
rection of the judge of probates in the district of Woodberry.

[381] An Act for reviving and. further continuing' the La^w entituled An

Act directing how Juries to attend the Courts of Tryal shall for the

Future be chosen and appointed, passed by the General

Assembly at New Haven October 11th, in the 18th

Year of his Majesties Reign. George the 2d

&c. King, Annoque Dom. 1 744.

Whereas the abovementioned law was to continue for the
space of two years from the rising of the Assembly abovesaid,

248 PUBLIC RECORDS [October,

and no longer, which time is now near expired ; and the said
law having Ijeen found for the benefit of his Majesties sub-
jects in this Colony :

Be it therefore efiacted hy the Grovernor, Couyicil and Rep-
resentatives, in G-eneral Court assembled, and by the authority
of the same, That the aforesaid law shall be revived, and the
same is hereby revived, and shall remain in full force in all
the parts and paragraphs thereof until this Court shall order
otherwise.

On tlie memorial of Ebenezer Clark, of Midletown, in the
parish of East Hampton, agent for said parish, praying this
Asseml)ly that there might be a land tax of six pence per
acre on all the lands laid out and divided in said parish, (ex-
cept the publick lands, if any be,) for the settlement of a
minister and building of a meeting-house, and that some
suitable person be appointed to collect the said tax: Resolved
by this Assembly, that all the lands within the bounds of said
parish that are divided and laid out be taxed for the purpose
aforesaid, except publick lands; and this Assembly grants a
tax of four pence old tenour money on thC acre for the term
of three years next coming, to be collected and paid into the
hands of the committee of said parish for the time being, to
be improved for the settlement of an orthodox minister among
them and in building a meeting-house ; and that Jonathan
Alverd, of said parish, be a collector to gather said tax.

Upon the report of Giles Hall, Jabez Hamlin, Thomas
Johnson, Esq^s a committee appointed by the General Assem-
bly in May last to affix a place for the building a meeting-
house in the parish of New Cambridge, representing that they
had, on the sixth and seventh days of Octoljer instant, viewed
the circumstances of said parish and affixed a place upon the
top of a hill about forty-eight rods southward of a stake said
to be the center of said society, where they pitched a stake and
put stones about it, to be the most suitable place for the pur-
pose aforesaid : Resolved by this Assembly, that the aforesaid
place on the top of said hill l)e, and the same is hereby, estab-
lished to be the place for the building of a meeting-house in
said parish ; and the said stake and stones are to be enclosed
by the sills of said meeting-house.

This Assembly do establish and confirm Mr. Nathaniel
Gregory to be Captain of the '2d company or trainband in the
town of Danbury, and order that he be commissioned accord-
ingly.

Upon the memorial of Samuel Wetmore, of Midletown,
administrator on the estate of Samuel Wetmore, late of said

1746.] OP CONNECTICUT. 249

Midletown, deceased, shewing to this Assembly that the debts
due from said estate surmounted the moveable estate of said
deceased the sum of <£172 6s. lid., thereupon praying this
Asseml^ly for liberty to sell so much of the land of said deceas-
ed as will procure the said sum with the necessary charges aris-
ing thereon : Resolved by this Assembly, that the said adminis-
trator sell, and he is hereby impowered to sell, so much of the
real estate of the said deceased as will procure the aforesaid
sum of X172 6s. lid. with the necessary charges arising
thereon, taking the direction of tlie court of probate for the
district of Hartford tlierein.

Upon the memorial of Lydia Norton, administratrix on the
estate of Samuel Norton, late of Symsbury, deceased, repre-
senting that the debts due from the estate of said deceased
surmount the moveable part of said estate the sum of X()2
2s. Id., and praying that some person may l)e enal)led to sell
so much of the real estate of said deceased as will pi-ocure the
said sum, &c.: Resolved by this AssemWy, that the memorial-
ist be impowered, and she is herel)y impowered and directed,
to sell so nnich of the real estate of said deceased as will pro-
cure the aforesaid sum of £Q2 2s. Id. with the incident
charges arising on said sale, taking the advice of the court of
probate for the district of Hartford therein.

[382] Upon the memorial of Sarah Wetmore, of Midletown
in Hartford county, shewing to this Assembly that her hus-
band, Francis Whitmore jun"", of said Midletown, some years
past went under the command of Capt. Roger Newberry into
the expedition against the Spanish West Indies, and there
died, and that some time before he went away he had made a
purchase of his father, Mr. Francis Whitmore of said Midle-
town, of all his I'ight in one certain tract of land containing
one hundred and twenty-eight acres then V)y his said father
mortgaged, to this government for the sum of sixty pounds
money, said land situate in said Midletown, and took a quit-
claim of said land of his said father, dated February 21st,
1739-40, and entered into the premises, designing and hop-
ing to pay and redeem said mortgage, but by inevitable
providence l)eing prevented; and also shewing to this Assem-
bly that judgment is recovered for the surrendry of said
land, and execution awarded ; praying that the execution may
be stayed for some convenient time, and that ui)on paying the
said mortgage money with interest and costs, a committee
may be appointed to executt) a deed of release to the heirs of
said Francis Whitmore junf., deceased: Resolved by this
Assembly, that Nathaniel Stanly, Esq% and George Wyllys,
32

250 PUBLIC RECORDS [October,

Secretary, the committee appointed for giving releases of
lands mortgaged to this government, are hereby appointed
a committee witli full power to execute a deed of release to
the heirs of Francis Whitmore jun^, deceased, from this
goverument, upon their paying to the Treasurer of this
Colony the full sum due on said mortgage with the interest
and cost of suit that have arisen thereon, and that said execu-
tion be stayed for the space of six months next after the ris-
ing of this Assembly.

On the memorial of Joseph Brown and Gloriana Maverick,
of Stratford in Fairfield county, &c., administi-ators on the
estate of Mr. Paul Maverick, late of said Stratford, deceased,
shewing to this Assembly, that the debts due from said estate
surmount the moveable estate of the deceased the sum of one
thousand seven hundred and five pounds eleven shillings and
nine pence, and praying this Assembly would give liberty to
the memorialists to sell so much of the real estate of the de-
ceased Paul Maverick as shall be sufficient to i)ay the above-
said sum of £1705 ll^.-. 9d. and all necessary charges arising
thereon: Resolved by this Assembly, that the said adminis-
trators be and are herel)y impowered to sell so much of the
said real estate as shall be sufficient to pay said sum of £1705
lis. 9d. with tlie necessary charges arising by said sale, tak-
ing the advice of the court of probate for the east district in
the county of Fairfield.

Whereas the towns of Symsbury and Newtown have not sent
in to tliis Assembly lists vouched as the law directs: Resolved
by tliis Assembly, that the town of Symsbury be doomed, and
the same is lierel>y doomed, at fifteen thousand three hundred
pounds in the publick list, and said town is hereby required
to j)ay rates accordingly, and the said town sball receive their
school money accordingly; and the said town of Newtown is
doomed at twelve thousand pounds in tlie said list, who are
recpiired to pay rates accordingly, and said Newtown shall
receive the school money in proportion to said sum.

This Assembly do appoint Capt. Theophilus Nickols to be a
Justice of the Peace in and for the county of Fairfield until
the first day of June next.

Upon the memorial of John Stubbins, of New London, i-ep-
resenting to this Assembly that he, on the 5th day of June,
17o5, obtained a certificate from the committee at New Lon-
don for letting out the loan bank made by tliis Colony, to the
Treasurer of this Colony, for the sum of one hundred pounds
thereof, and that said committee, to secure the Governor and
Company of this Colony, took of said Stubbins a deed of mort-

1746.] OF CONNECTICUT. 251

ga<?e of his land, and tliat ho had received no more than sixty-
eight ponnds live shillings of said Treasnrer, and did sccnre
the interest of said sum to this Colony by bond, &c.: Resolved
by this Assembly, that Ebenezer Backus, Esq"", of Norwich, be
and is herel)y imj)Owered to adjust and settle the said affair
with said Stul)l)ins, and uyjon liis making full payment, within
[388] two months next after the rising || of this Assembly, of
tlie real sum which he did receive and tlie just interest arisen
thereupon and the cost of suit, to said Ebenezer Backus for
the use of this Colony, and obtain a certificate signed by the
Treasurer of this Colony that he hatli received the full sum
due to tlie treasury on account of the same, then Nathaniel
Stanly, Esq', and George Wyllys, Secretary of this Colony,
shall, in behalf of the Governor and Company of this Colony,
make and execute a deed of release unto the said Stubbins,
according to law, of the land by him mortgaged as aforesaid.

Upon tlie report of Nathaniel Baldwin, Eljenezer Marsh and
Joseph Biid, a committee appointed by this Asseml)ly to fix
and ascertain the place to build a meeting-liouse on in the
town of Toi']'ington : Resolved by this Assembly, that the
place to build a meeting-house on [in] said town shall be about
thirty rods northward of the house of Ebenezer Lyman, Esq"",
in the cross highway whicli runs east and west, where said
committee have set up a stake with a large heap of stones
about it ; the sills of said house to enclose said heap of stones.

Upon the motion and request of Benjamin Cogshall and
Elizabeth his wife, and Samuel Jones and Hannah his wife,
all of Stratford, shewing to this Assembly that whereas this
Assembly did in their sessions in May, A. D. 1745, appoint
Messrs. John Fowler, Robert Treat and Nathaniel Farrand, all
of Milford, a committee to divide a certain tract of land at the
White Hills, in said Stratford, between the abovesaid Jones,
Cogshall, and Mr. James Duidopp, &c., as by said act and ap-
pointment may appear, and that the said Mr, Farrand is since
deceased, and said svork not complcated ; praying this Assem-
bly to appoint some suitable person to joynwith the surviving
gentlemen conmiittee to finish said work : This Assembly do
appoint and impower Mr. Nathaniel Farrand, of Milford, to
joyn the abovesaid Mr. John Fowler and Mr. Robert Treat, to
finish and compleat the abovesaid work.

On the petition of David Cosseboom, of Huntington in the
county of Suffolk and Province of New York, tfec, vs. William
Olmstead, of East Haddam, one of the proprietors of the com-
mon and undivided land in said East Haddam, and the rest of
the proprietors of said common and undivided land, as on file:

252 PUBLIC RECORDS [Octoher

The question was put, whether aiiytliing prayed for in said pe-
tition should he granted : Resolved by this Assembly in the
negative. Coat alloived respondents <£5 7s. 6t?. Ex. granted
June 6th, 1747.

On the memorial of William Payn, administrator on the es-
tate of David Payn, late of New Haven, deceased, shewing to
this Assembly that the del)ts and charges of administration
due from the estate of said David, deceased , surmount s the move-
able or personal estate of the said David the sum of .£120 9s.
Od. money, and that there is lands belonging to the estate
of said David to the amount of £118 lis. Id., and i)raying that
the said William may 1)e impowered to sell the same, to pay
said del)ts : Granted by this Assembly, that the said William
Pain, with the advice and direction of the court of probate in
the district of New Haven, is hereby fully impowered to make
sale and conveyance of the land of the deceased, or so much
as to pay the said debt and charges of sale.

Upon the memorial of Mrs. Eunice Backus, of the ])arish of
Newington, re])resenting the grievous circumstances of herself
and family, which have happened by occasion of the death of
her husband the Reverend Mr. Simon Backus, who lately de-
ceased while in the service of this government, at Louisljourg,
and particularly the loss of a considerable part of his estate
that ha])pened thereby, and praying for relief, &c.: Resolved
by this Assembly, that the memorialist shall receive out of the
publick treasury of this Colony the sum of two hundi-ed pounds
in bills of credit of the old tenour, over and above the hundred
pounds granted to her by this Assembly in May last.

Upon the memorial of Mr. James Harris, of New London,
exhibited to this Assembly in their sessions in May last, pray-
ing that he miglit be allowed for sundry charges, disburse-
ments and time, spent in the service of this Colony at two
Commissioners Courts at Norwich, &c.: This Assembly enact
and order, that said James Harris shall be paid out of the
treasury of this Colony the sum of one hundred {)ounds old
tenour bills, in full for said services and disbursements.

[384] Upon the memorial of the Rev^ Mr. Samuel Dor-
rance, shewing to this Assembly that he was settled in the
work of the gospel ministry in the town of Voluntown, and
that the inhabitants of said town in their lawful meeting, June
3d, 1723, did covenant and agree to give him for his yearly
salary five pence on the pound on all their rateable estate till
the same amounted to one hundred pounds a year, and so to
stand during his ministry there ; further shewing that a rate
of five pence on the pound on the rateable estate of said iu-

1746.] OP CONNECTICUT. 253

ha])itaiils for tlie space of three years last past would amount
to more than one hundred pounds a year ; also shewing that
the paper currency has lately greatly discounted, that never-
theless the iuhal)itants aforesaid have refused to afford him any
other means of relief than only the sum of one hundred pounds
in hills of credit old tcnour, which is altogether insufficient to
support himself and family ; and thereupon praying this As-
sembly to order and decree that the inhabitants of said town
should pay the memorialist the said sum of one hundred poun<ls
with the discount thereon, &c.: Resolved l)y this Asseml)Iy,
that the inhabitants of said Voluntown shall pay unto the said
Samuel Dorrance, for his salary for this present year, the sum
of two hundred pounds old tenour, which shall be levied on
their j)olLs and rateable estate ; and Charles Campbell, of said
Voluntown, is hereby appointed a collector to collect the same,
with the same power as other collectors in this Colony have.

Upon the petition of John Stoyel and Dorothy his wife, both
of Voluntown in the county of Windham, z's. James Douglass,
of said Vohmtown, complaining of a judgment of the superior
court held in Windham, on the third Tuesday of September,
1745, rendered against them in a case wherein the said Stoyel
and his said wife wei"e plaintiffs and the said Douglass was de-
fendant, demanding the surrendry of about forty-five acres of
land in Voluntown aforesaid ; alledging that the jury in tlie
tryal of said case missed the law, in determining a certain
deed, dated the 12tli day of December, 1726, given to the said
Dorothy, of the said lands, by John Gallop, Robert Parke
and Ebenezer Dow, a committee appointed by this Asscmldy
to sell land for n()n-{)ayment of a land tax, contained a grant
only infuturo; and thereu[)on praying for relief, as per their
petition on file : Resolved by this Assembly, tliat the afore-
said judgment of the superior court be reversed and set aside,
and the same is iiereliy reversed, and that the petitioners have
liberty of another tryal of said case, at the superior court to
be held in Windham on the third Tuesday of March next ; and
that the whole cost follow the judgment that shall be rendered
in said case.

Upon the memorial of Normand Morison, of Hartford, rep-
resenting that he was appointed physician and chirurgeon to
attend on the forces of this government raised for the late ex-
pedition against Cape Breton, and the great burthen that was
cast upon him by his undertaking in said service, and praying
that such further reward might be allowed to him, in addition
to his former allowances, as might be a sufficient reward for
his services aforesaid : Resolved by this Assembly, that, in

2F)-i- PUBLIC RECORDS [October,

lieu and stead of the allowances heretofore made to the me-
morialist Ity said Assembly, there shall be paid him out of the
publick treasury the sum of sixty-five pounds per montli, old
tenour bills, from the time of his entering" into the service of
])liysiciun and chirurgeon to the forces that went from this
Colony on the aforesaid expedition until his return : always
accounting what he liath already received, by virtue of said
former allowances, as part of the sixty-five pounds per month
as aforesaid.

{]\)on tlie memorial of Elizal)etli Brooks, administratrix on
the estate of Timothy Hrooks, late of New London, deceased,
representing that the del)ts due from the estate of said Timo-
thy, deceased, surmomit the moveable part of said estate the
Sinn of <£73 ITks. lid., and praying for liberty to sell so much
of the real estate of said deceased as may be sufficient to pro-
cni-e that sum : Resolved by this Assembly, that the said Eliz-
abetli Brooks, together with Clement Leach of said New Lon-
don, be impowered, and they are hereby impowered, to sell so
much of the I'cal estate of said deceased as will j»rocure the
aforesaid sum of .£73 15s. lid. with tlie incident charges ai-is-
ing on said sale, taking the advice of the court of probate for
the district of New London therein.

[385] Whereas this Assemltly in May last appointed Jon-
athan Trumble, Esq"", John Chester, Esq"", and Jal)ez Hamlin,
Esq"", to enquire into the mattei- of diftbrence between John
Palmer, jun"", and Samuel Palmer, both of Windsor, and
Daniel FiUey, of said Windsor, then lying before said Assem-
''ly^ ''J t'^*^ petition of the said John and Samuel, and re}»ort
to tliis Assembly in their present sessions : And whereas, by
the indisposition of the said Jonathan Trumble, the business
hath not been attended, and this Assembly being moved again
to appoint the same committee, or to supply the place of
the said Jonathan Trumble, Esq"", with some other yierson,
and authorize them as l)efore in said act : This Assembly do
appoint, authorize and impower Colo. Thomas Welles (in the
room and stead of Jonathan Trumble, Esq%) with Colo. John
Chester and Major Jabez Hamlin, to enquire and determine
in said matters of controversy in the same manner as the
committee were authorized to do l)y the said act of this Assem-
bly in May last, and to report to this Assembly in their
sessions in May next what they find in the premises ; and that
the same execution, mentioned in said act, is hereby suspended
till the rising of the Assembly in May next.

On the memorial of Samuel Clinton, of New Haven, shew-
ing to this Assembly that he iulisted into his Majesties service

1746.] OP CONNECTICUT. 255

ill the intended expedition against Canada, and took the
premium granted by this Colony for the encouragement of
persons vohintarily to iiiHst in said service, and that David
Sandford, of Milford, as his master, took and still forcibly and
without right doth hold from him, said Samuel Clinton, (who
was Ids apprentice,) the sum of £24: 10s. Od. part of the pre-
mium aforesaid ; praying for relief in the premises : Resolved
by this Assembly, that the said Samuel Clinton recover of the
said David Sandford the sum of twenty-four ])ounds ten shil-
lings l)ills of credit old tenour, and that execution, signed by
the Secretary of this Colony, go forth accordingly. JEx.
granted Oct. 24th, 1746.

Upon the memorial of Dositheus Humphrey and Isaac Sey-
mour, administrators on the estate of Cyprian Nickolsjun^
of Hartford, deceased, representing to this Assembly that the
deltts and charges due from said estate amount to the sum of
X303 5s. )jd. more than the moveable estate of said deceased :
Resolved by this Assembly, that the said administlators he
and are hereby impowered to sell so much of the real estate
of said deceased as shall be sufficient to pay the said sum of
Xo03 5s. "M. with the necessary charges arising upon such
sale, taking the advice of the court of probate for the district
of Hartford therein.

Ui)on the report of Messrs. John Hubbard, Jonathan Allen
and John Hitchcock, a committee appointed by this Assembly
at their special sessions in June last past, to affix a place for
the meeting-house in the 3d society in Brandford, represent-
ing that they had, on the 26th day of said June, viewed the
circumstances of the said society, and affixed a place for the
building of a meeting-house within the same, about twenty
rods northward of the house of Mr. Samuel Bartholomew, on
the west side of the path in the highway, the sills of tlie said
meeting-house to inclose a walnut staddle there standing with
a heap of stones about it: Resolved by this Assembly, that
the aforesaid place be, and the same is hereby established to
be, the place for the building of a meeting-house in said
society.

Upon the prayer of Roger Bidwell, of Hartford, requesting
that the sentence of this Assembly against him in May, 1743,
wherein he was deprived of the pi-ivilege of voting in any
publick meeting and rendered uncapable of giving evidence in
any case and giving a verdict in any cause, and also laid under
bonds for his good l)eIiaviour during the pleasure of this
Assembly, may in all ])arts of it be taken otf, and tbat he may
be restored to all the privileges of which by the said judgment

256 PUBLIC RECORDS [October,

he now stands deprived : Upon consideration whereof with the
testimonials of the said Bid well's good behaviour since the
said sentence, it is now resolved by this Assembly, that the
said Roger Bid well be restored, and he is hereV)y restored, to
all the privileges of which he was deprived by the judgment
above referred unto ; and b.e is also hereby released from his
bonds given for liis good behaviour.

Upon the memorial of the President and Fellows of Yale
College : Resolved by this Assembly, that the said president
and fellows receive out of the Colony treasury, for the use of
said college, the sum of two hundred sixty-two pounds ten
shillings in bills of the old tenour, in lieu of what l)y a former
grant of this Assembly they had right to draw in this instant
October.

[386] All Act for stating the Fare of the Ferry across the Little River at
Windsor at the usual Place of Crossing.

Be it enacted hy the G-overnoi\ Council and Jiepresentatives,
in General Covrt asse7nbled, and hy the authority of the same,
That the fare of said terry for man, horse and load, shall be
four pence, and no more, and for each single person two pence,
and no more ; to be paid in bills of publick credit of the old
tenour.

This Assembly grants a tax on all the polls and ratealde
estate in this Colony, on the list of this current year, of two
pence on the pound in bills of credit of this Colony new
tenour, at the proportion of three shillings and six pence old
tenour for one shilling new tenour, and so pro[)ortionably, w^ith
the usual advance of one shilling on the i)0und ; or in good
silver at eight shillings per ounce troy weight sterling alloy,
or gold equivalent.

This Assembly do establish and confirm Mr. Jonathan
Pettibone to be Ensign of the south company or trainband
in the town of Symsbury, and order that he be conunissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel Lord
to be Captain of the first company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Daniel Buck-
ingham to be Lieutenant of the first company or trainljand in
the 7th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assemldy do appoint Christopher Avery, Esq"", to be
Colonel of the eighth regiment in this Colony, and order that
he be commissioned accordingly.

1746.] OP CONNECTTCDT. 257

This Assenil)ly do appoint John Williams, Esq"", to be Lieu-
tenant Colonel of the 8th regiment in this Colony, and order
that he be commissioned accordingly.

Tbis Assembly do appoint Samuel Coit, Esq"", to be Major
of the 8th regiment in tbis Colony, and order that he be com-
missioned accordingly.

VVbereas, pursuant to his Majesties order, a regiment of
land forces has been raised in this Colony for his Majesties
service in tbe expedition formed against Canada, and all the
proper dispositions made for the transporting the said regi-
ment to tbe place of i-endczvous, and tbe souldiers have i)een
waiting for orders to proceed, until the season of the year is
so far advanced as tbatitis doubtful whether by his Majesties
orders the said forces will be called fortii into his Majesties
service' for some time, and his Majesties pleasure respecting
the said service is not yet known : Therefore, it is resolved,
that his Honour the Govcrnour of this C(jlony be desired, and
he is hereby desired, to advise the colonel or chief officer of
the said regiment to offer a furlough to the said souldiers,
that they may retire to their respective places of abode until
tliey shall have his Majesties. orders for mustering again ; and
that the said officers he directed to take care that all such
souldiers as arc sick or lame or unaltle to care for themselves
be provided for and billeted out until such souldiers shall re-
cover their health and be fit to return to their own home again.
And whereas his Honour, agreeable to his Majesties pleasure
signified by his Crace the Duke of Newcastle, has ]>rocui-ed
arms for the said troojis, wbicli Lieut. General St. Clair is to
make a reasonable allowance for, bis Honour the Governour is
further desired to direct the said colonel, or chief officer of
each company, to take a proper receipt for the a;'ms delivered
to his com[)any, as delivered to them by order of tlie Gov-
ernom", and transmit the said receipts to his Honour, and also
to direct the said colonel or chief officer to order each of the
ca{)tains, or chief officer of each company, to take and receive
into their care and keeping all the arms and anununition pro-
vided for his company, and preserve the amnnmition from
waste and eml)ezzclmont, and keep the arms clean and fit for
use on the most sudden emergencies.

[■387J Resolved by this Assembly, That the several com-
missaries api)ointed to make provision for the subsistence of
the troops raised in this Colony for his Majesties service in the
expedition formed against Canada, do, and they are hereby
directed and ordered to make sale and disposition of the pork,
beef, bread, flour, butter, cheese, casks and other perishable
33

258 PUBLIC RECORDS [October,

provisions and materials which they have respectively provided,
or have now in their care and custody for the purpose afore-
said, to the best advantage for the use of this Colony, unless
any of the said provisions or materials cannot be sold without
great loss, in which case the commissaries shall use their discre-
tion, and dispose or not dispose of such tilings as they shall judge
for the Colony's interest. And tlie said commissaries are
hereby further directed to deliver the money they respectively
sliall receive for the provisions and materials aforesaid, to tlie
Treasurer of this Colony, taking his receipt for the same, and
lodge the said receipts with the Secretary of the Colony ; and
that they take care of and safely store and keep the rum, molas-
ses and other provisions, materials and implements, provided
as aforesaid, till further order from this Assembly or from his
Honour the Governour with the advice of tlie Committee of War
in the county of New Haven, whose orders the said commissaries
are directed to oliserve respecting the same, and to lay their
whole accounts thereof betbre this Assembly at their sessions
in May next.

An Act to encourage all such OflEicers and Souldiers as are or shall be sent

forth in Defence of the'Frontiers to provide themselves

with Arms, Ammunition and Blankets.

Resolved hy this Assembly^ That the officers and souldiers
that are or may be sent forth in defence of the frontiers in
this or the neighbouring governments, shall be allowed and
paid out of the publick treasury the following wages in new
tenour bills, (yiz:^ To a captain XI 6s. 6d. per week ; to a
lieutenant, XI Is. ?)d. per week; to a sergeant, XO 15s. Od.
per week, and to a clerk and corporal, XO 13.s-. Od. per week ;
and to each centinel shall be paid, in bills of credit as afore-
said, the sum of twelve shillings per week : upon condition, that
such officers and souldiers shall provide for themselves arms,
ammunition and blankets, to the acceptance of the officers by
whom such souldiers shall be inlisted or detached ; and such
as shall not provide for themselves as aforesaid shall have the
wages heretofore allowed.

An Act for securing of Souldiers listed and taken into his Majesties
Service from Arrests.

Whereas a number of troops have been raised, and more
may be raised in this Colony for his Majesties service, who
may be liable to be taken out of his Majesties service by
unjust or fraudulent arrests, whereby his Majesty and the pub-
lick may be deprived of their service : Which to prevent,

Be it enacted hy the Gfovernor, Council and Representatives.,
in General Court as.sembled, and by the authority of the same,
That no person whatsoever who is listed or shall list and enter
himself as a volunteer or shall be impressed into his Majesties

1746.] OP CONNECTICOT. 259

service by the order or direction of this government or in
pursuance thereof, during the continuance of this act, shall
be liable to be taken out of his Majesties service liy any pro-
cess or execution other than for some criminal matter, unless
for a real debt or other just cause of action arisen before their
entry into such service, and unless before the taking out of
such process or execution, (not being for a criminal matter,)
the plaintiff or plaintiffs therein, or some other person or
persons on liis or their behalf, shall make affidavit before the
authority or officer granting such process or execution, (who
are impowered to administer tlie same,) or before some other
proper authority, that to his or their knowledge the original
sum justly due and owing to the plaintiff or plaintiffs frpm the
defendant or defendants, in the action or cause of action on
which such process or execution shall issue, amounts to the
value of fifty pounds old tenour bills of publick credit at least,
a memorandum of which affidavit shall V)e marked on the
[888] back of such || process or execution ; and if any j)erson
shall be nevertheless arrested, contrary to the intent of this
act, it shall and may be lawful for any one assistant and one
justice of the peace, or two justices Opiorum unus,^ upon com-
plaint made thereof by the party himself, or by any of his
superior officers, to examine into the same by the oath of the
parties or otherwise, and by warrant under their hands to
discharge such souldier so arrested contrary to the intent of
this act, upon due proof made before them that such souldier
so arrested was legally listed or impressed as a souldier into
his Majesties service and arrested contrary to the intent of
this act, and to award reasonable cost to the party complain-
ing, and grant execution therefor accordingly : provided
nevertheless, that nothing in this act shall be construed to
extend to prohibit or hinder any process or execution going out
against the estate of such souldiers in due form of law.

This act to continue in force till the rising of this Assem-
bly at their sessions in May next.

Resolved by this AsseniMy, That his Honour the Governor
be desired, with the advice of the Committee of War in the
county of New Haven, to take such proper measures as they
shall judge consistent with the best interest and safety of
this Colony, for the obtaining from his Majesty's Pay-Master-
General such wages as are or may become due to the officers
and souldiers raised in this Colony for bis Majesty's service in
the intended expedition to Canada.

Whereas there is in the care and custody of Jeremiah
Miller, Esq"", at New London, a small number of old guns,

260 PUBLIC RECORDS [October,

small swords and cartouch boxes, returned from the Cape
Breton expedition, which belong to this Colony, and not fit to
be improved in the intended expedition against Canada ; and
whereas there is also in the custody of Hezekiah -Huntington,
Esqi", of Norwich, some of tlie aforesaid warlike accoutre-
ments tliat were returned from the late expedition and not fit
for improvement, as aforesaid : Resolved by this Assembly,
that Jeremiah Miller, Esq% be impowered, and he is hereby
impowcred, to sell at publick vendue to the highest bidder, or
otherwise to the best advantage, such of said guns, swords &c.,
as are lodged at New London ; and that Hezekiah Hunting-
ton, Esq"", be impowered, and he is liereby fully impowered
and authorized, to make sale, as aforesaid, of those of the
aforesaid guns, swords <fec., as are lodged at Norwich ; and
that the money received for the sale of such arms &c. shall
by the said Jeremiah Miller and Hezekiah Huntington be
lodged with the Treasurer of this Colony, taking his receipts
for the same, which receipts shall be lodged witli the Secreta-
ry of this Colony ; and that the said Millei" and Huntington
lay their accounts of such sales &c. before this Assembly at
their sessions in May next.

This Assembly do grant to the Hon^^'fi Jonathan Law, Esq"",
Governor, for his last half year's salary, the sum of seventy
pounds new tenour bills.

This Assembly do grant to the Hon^^'e Roger Wolcott,
Esq"", for his last half year's salary, the sum of thirty-five
pounds new tenour bills.

This Assembly do grant to George Wyllys, Secretary, for
his salary the current year, six pounds in new tenour bills.

This Assembly grants to Mr. Timothy Green, printer, for
his half year's salary the current year, the sum of eighteen
pounds in bills of credit of the new tenour.

This Assembly do grant to the Honi^'e Jonathan Law, Esq"",
Governor, for his extraordinary service in the government the
last half year, the snm of twenty pounds in bills of credit
new tenour.

This Assembly do grant to the Hon'^'e Roger Wolcott, Esq^ ,
the sum of twenty pounds new tenour bills of credit, for his
extraordinary services, being Piesident of the Committee of
War in Hartford, for which he has had no consideration.

Whereas this Assembly hath been drawn out to so great
a length that all the members thereof cannot at this time
stay to hear the records read off: It is thereupon resolved,
that Nath'. Stanly, Esq"", Ozias Pitkin, Esq"", and Wm. Pitkin,

1746.] OF* CONNECTICtJD. ^6l

Esq^ Colo. Joseph Pitkin, Mr. Thomas Seymour, Colo. John
Chester and Colo. Elizur Goodrich, be a committee to at-
tend his Honour the Deputy Governor at the State House in
Hartford, to hear the acts and orders of this Assembly read
off by the Secretary, and then signed as perfect and compleat.
The whole record of the several Acts, Grants and Orders of
this Assembly, as it stands entered on the pages on this book
next preceding, was read otf in the presence of the major
part of the committee above named and signed as compleat.

George Wyllys, Secretary.

[389] Anno Regni Regis G-eorgii secundi vigessimo.

At a General Assembly holden at New Haven in his Maj-
esties Colony of Connecticut in New England in Amer-
ica, (BY special order OF HIS HONOUR THE GOVERNOR,)

ON Wednesday the 28th day op January, and continued

BY several adjournments TO THE 30tH DAY OF THE SAME
MONTH, ANNOQUE DOMINI 1746-7.

Present :
The Honourable Jonathan Law, Esquire, Governor.
The Hon'^''^ Roger Wolcott, Esq"", Deputy Governor.
James Wadswortli,^ Thomas Fitch, ^

Nathaniel Stanly, Roger Newton, p .

Timothy Pierce, VEsq^s Ebenezer Silliman, y^^'^"' /^^-
Samuel Lynde, Andrew Burr, sistants.

William Pitkin, J ^

Representatives or Deputies that attended at the Assembly are

asfolloiv, (viz:)
Colo. Joseph Pitkin, Mr. Thomas Seymour, for Hartford.
Mr. Jei'cmiah Chapman, jun"", for New London.
Capt. Eleazer Carey, Colo. Jabez Huntington, for Windham.
Mr. Samuel CanKeld, Mr. David Nobles, for New Milford.
Capt. Hezekiah Lee, for Farmingtown.

Colo. John Chester, Colo. Elizur Goodrich, for Weathersfield.
Capt. Nathan Baldwin, Mr. Robert Treat, for Milford.
Mr. Joseph Strong, Mr. Ebenezer Root, for Coventry.
Capt. Jabez Cha[)man, for East Haddam.
Capt. John Mead, Capt. Israel Knapp, for Greenwich.
Capt. Elnathan Stephens, Capt. Isaac Kelsey, for Killing-
worth.
Capt. Joseph Bird, Major Ebenezer Marsh, for Litclifield.
Colo. Christopher Avery, Mr. Ebenezer Avery, for Groton.
Mr. Joseph Piatt, for Norwalk.

262 PUBLIC RECORDS [January,

Mr. Samuel Olmstead, Capt. Richard Olmstead, for Ridgefield,
Colo. William Preston, Mr. Noah Hinman, for Woodberry.
Mr. Boaz Stearns, Captain John Dwight, for Killingly.
Capt. Timo. Hopkins, for Waterbury.
Mr. John Carery, Mr. Benja. Wheeler, for Plainfield.
Mr. John Hitchcock, Capt. Samuel Sherman, for New Haven.
Capt. Samuel Burr, Capt. John Read, for Fairfield.
Colo. Hezekiah Huntington, Mr. Ebenezer Backus, for Nor-
wich.
Mr. James Bicknal, Mr. William Watkins, for Ashford.
Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury.
Capt. Joseph Phelps, for Hebron.
Capt. Charles Bulkley, Mr. John Day, for Colchester.
Mr. William Johnson, for Mansfield.

Mr. John Humphrey, Mr. Joseph Wilcoxson, for Symsbury.
Capt. Moses Hawkins, Mr. Abel Gun, for Derby.
Mr. Hezekiah Brainerd, for Haddam.
Capt. James Beebe, for Danbury.
Capt. Jedadiali Cliapman, for Saybrook.
Colo. Samuel Hill, Ca{)t. Timothy Stone, for Guilford.
Capt. Gershom Clark, Mr. Ebenezer West, for Lebanon.
Mr. John Griswould, Capt. Elislia Sheldon, for Lyme.
Major Elihu Chauncey, Mr. James Wadsworth jun^, for Dur-
ham.
Capt. Roger Wolcott, Capt. Pelatiah Allyn, for Windsor.
[390] Colo. Benjamin Hall, Capt. William Ward, for Wal-

lingford.
Mr. William Wittar, for Preston.

Major Jaljez Hamlin, Mr. Seth Wetmore, for Midletown.
Capt. Theophilus Nickols, Mr. .fosepli Booth, for Stratford.
Capt. Nathaniel Harrison, Capt. Robert Foot, for Brandford.
Mr. Ebenezer Holebrook,for Pomfrett.

Colo. Thomas Welles, Speaker ) of the House of Rep-

Mr. Jeremiah Cliapman, Clerk ) resentatives.

This Court being called by special order of the Governor of
this Colony, his Honour was pleased to lay before the Court
divers letters lately received from his Excellency Governor
Shirley, the resolves of the Legislature of the Province of the
Massaciiusets Bay, as also the opinion of the committee of the
Council of the Colony of New York, with an extract of a let-
ter from his Excellency Governor Clinton, relating to an ex-
pedition proposed against the French fort at Crown Point, to
be carried on by the forces lately raised in these American
governments l)y his Majesties special order for an expedition
proposed against the French settlements in Canada; and re-

1747.] OF CONNECTICUT. 263

commended the matters in said letters and resolves to tlie con-
sideration of tliis Assembly at this time, for which purpose he
had now called them to meet.

And thereuj)on, this Assembly having taken into considera-
tion the said atTair and duly weighed the same, it appears to
til is Court,

That a winter campaign will be attended with many and
great difficulties, hazards and fatigues, which will greatly dis-
])irit and dislicarten the troops, and may make them incapa-
ble of the services necessary to render success even probable.
And,

That as the small-pox has been and, according to the best
accounts that can be had, still is among the troops of the west-
ern and southern Colonics, so their joyning with the New Eng-
land troops will most probably bring that distemper into the
whole army, and, if so, l)e likely to defeat the whole design.

Thattliis government ^supposing this expedition, which was in
agitation last fall, was wholly laid aside, and knew not but that
it was until it was too late to carry subsistence and other neces-
saries by water to Albany for the troops raised in this Colony,
have not carried the said subsistence and necessaries to said
place,) it is now impracticable by land carriage at this difficult
season, within so short a time as is proposed and is necessary
should be done in case of a proceedurc, to supply the Connecticut
troops with such jn-ovisions and other necessaries as they will
certainly want over and above what they can l)e sup|)lied with
from the Massachusetts stores according to a resolve of the
Legislature of that government, which this Asseml)ly grate-
fully acknowledges.

That it is very uncertain whether the western and southern
Colonies will joyii in this expedition, for that the Governor of
New Yoi'k being by committee of Council advised to assist in
the affair on condition Connecticut joyn with the Massaclm-
setts, but what assistance he can afford is uncertain ; and in-
asmuch as that committee signific their opinion to be that the
undertaking is hazardous and difficult, seem only to advise
Governor Clinton to assist, that he or that government migiit
not be left alone and be liable to blame in case of a miscar-
riage.

That there wants some general agreement and plan for con-
ducting, governing and carrying on such an expedition ; and
tliat in case such an attempt at this juncture and season, and
under tlie present situation of affairs, should so far weaken or
destroy the troops raised for the expedition against Canada
that by them no assistance can be afforded in that expedition

2G4 PUBLIC RECORDS [January,

the next summer, in case liis Majesty should require them,
tliis Colony are apprehensive they might incur his Majesties
displeasure, as well as be instrumental in preventing the re-
duction of Canada.

[391] That, under all circumstances, success appears at
least very doul)tful at this season ; and in case tlie attempt
should fail, the ill and unhappy consequences thereof are too
well known and numerous to need mentioning.

Therefore, this Assembly (who have his Majesties interest
i-eally at heart, and wouldexertthemselvestothe utmost in this
important affair, could tiiey see it practicaljle and advisable at
this time,) ai'C of opinion, that it is not expedient to attempt
at this season to provide and transport sul)sistence and other
necessaries for the Connecticut troops to go in an expedition
against Crown Point, and do therefore for the presenl suspend
proceeding therein. But, inasmuch as it appears to be of very
great importance to reduce or demolish the said fort, this As-
sembly declare their readiness cheerfully to exert themselves,
to the utmost of their power, for the reduction or demolition
of that fort, in conjunction with his Majesties other govern-
ments, as soon as the season and other circumstances will per-
mit; and do thereupon resolve, thathis Honour the Governor,
with advice of the Committee of War apj»ointed to assist him,
be, and he is hereby, impowered and desired that in case the
troops raised in this Colony for tlie expedition against Canada
by any ])roper orders l)e called or ordered forth into his Majes-
ties service against the French, before the sessions of this xVs-
sembly in May next, to give orders to the commissaries ap-
p(jinted l)y this Court to make provision for that exjjedition,
to deliver out the stores now in their hands, and also to ])r(>
vide and furnish what further may be wanted for tlie said
trooj)s' subsistence and other necessaries, for such time as lie
shall be advised to, and to provide for the transportation
thereof, according to such directions as he shall, by advice as
aforesaid, think proper to give.

Resolved hij this Assembly^ That Eliakim Palmer, Esq"", our
Agent in Great Britain, be authorized and imjiowered, and
he is hereby authorized and impowered, to receive in behalf
of this Colony such sum or sums of money as is or shall be
ordered to be paid by the Parliament of Great Britain to this
Colony for the reiml)ursement of the expences this Colony
was at in the taking and garrisoning of Louisbourg, and the
same money, when received, to dispose and pay out accord-
ing to such orders as shall be given by this goverinnent
respecting the same ; and his Honour the Governor is desired

1747.] OP CONNECTICUT. 265

to transmit a copy of this resolve, under the Colony seal, to
our Agent for that purpose.

Resolved hy this Assembly, That a draft for a congratula-
tory address to his Majesty on tiie success of his arms under
the conduct of his Royal Higlniess the Dnke, in sup[)ressing
the rebellion raised in Great Britain in favour of a Popish Pi-e-
tender, and now laid before this Court, be signed by tiie Gov-
ernor and Secretary of this Colony, and transmitted to his
Grace the Duke of Newcastle, to be presented to his Majesty
in behalf of this Colony : Wliich is in the following words,
(viz ;)

To his Most Excellent Majesty G-eorge the secotid, King of
Great Britain, ^c.
The humble Address of the Governor and Company of the
English Colony of Connecticut in New England in Amer-
ica.

Most Gracious Sovereign: We, your Majesties loyal and
most dutiful subjects in your remote Colony of Connecticut,
beg leave humbly to assure your Majesty of our strongest at-
tacliment to your person, family and government, and to ac-
knowledge the favours this Colony has enjoyed under your
Majesties auspicious reign, and to express our utmost abhor-
[392] rence of that || most umiatural rebellion raised in Great
Britain in favour of a popish pretender, against the best of
kings, the best constitution and government ; whicii vile de-
sign by Divine Providence being happily suppressed, we beg
leave on this occasion huml)ly to congratulate your Majesty
on the happy success of your arms under the excellent con-
duct of his Royal Highness the Duke, Avho God has crowned
with a glorious victory over those wicked rebels and traitors,
to the honour of your Majesty, and confusion and shame of
them and their abettors.

As your Majesties whole reign has been an uniform evidence
that you have nothing more at heart than the protection and
security of your sulijects in the enjoyment of their religion,
liberty and property, so it appears the more surprising that it
should ever enter into the heart of any of your sul)jects to rebel
against your government, with design to dethrone your royal
person and to subvert the laws and liberties of your kingdom.
Though these sons of violence have been permitted to be a
scourge to the Britisli nations, yet, blessed be God, he has not
suffered them to prevail in their attempts to introduce popery
and slavery, nor to endanger the protestant interest, but has
confounded their devices, and by his all-wise providence over-

266 PUBLIC RECORDS [May,

ruled that wicked design for the more firm establishment of
your throne and government.

May that merciful Providence which placed your Majesty
on the British throne, and has given you so long and so illus-
trious a reign, still protect your sacred person, subdue your
enemies, make your reign prosperous, and continue the crown
in your royal and illustrious family to the latest posterity.

[393] A TA General Assembly holden at Hartford in

THE COUNTY OF HaRTFORD IN HIS MAJESTIES ENGLISH CoL-

ONY OF Connecticut in New England in America, on

THE SECOND THURSDAY OF MaY, BEING THE 14tH DAY OF

said month, and continued by several adjournments
until the fifth day of June next following, anno
REGNi Regis Georgii secundi Magn^ Britanni^e &c. vi-
gessimo, annoque Domini 1747.

Present :

The Honourable Jonathan Law, Esq^", Governor.

The Hon'j'e Roger Wolcott, Esq"", Deputy Governor.
James Wadsworth, Roger Newton,
Nathaniel Stanly, Ebenezer Silliman,
Samuel Ly nde, Jonathan Trumble, )>Esq''s, Assistants.

William Pitkin, John Bulkley,

Thomas Fitch, Andrew Burr,

Representatives or Deputi^ that attended at this Assembly are

as follow^ (viz :)
Mr. Joseplt Buckingham, Mr. Joseph Talcott, for Ilartford.
Colo. Gurdon Saltonstall, Mr. Jeremiah Miller, for New

London.
Capt. Elcazer Carey, Capt. Elij)halet Dyer, for Windham.
Colo. Jonath. Hoit, Capt. Jonathan Maltbie, for Standford.
Mr. Joseph Strong, Capt. Peter Buel, for Coventry.
Mr. Ebenezer West, Capt. Gershom Clark, for Lebanon.
Mr. James Bicknal, Mr. William Wadkins, for Asbford.
Mr. Samuel Pitch, Mr. Elnatlian Hanford, for Norwalk.
Capt. James Bebee, Mr. Thomas Benedict, for D anbury.
Capt. James Cornish, Mr. John Humphrey, for Symsbury.
Capt. Theophilus Nickols, Mr. Joseph Booth, for Stratford.
Capt. Timothy Hopkins, for Waterbury.
Capt. Josejjh Plielj)s, Mr. Benjamin Skinner, for Hel)ron.
Mr. John Hitchcock, Ca])t. Samuel Sherman, for New Haven.
Capt. Samuel Burr, Mr. Tbaddeus Burr, for Fairfield.
Mr. Ebenezer Backus, Mr. Daniel Huntington, for Norwich.
Capt. Asahel Strong, Capt. Hez'» Lee, for Farmingtowu.

1747.] OP CONNECTICUT. 267

Capt. Jolin Fowler, Capt. Nathan Baldwin, for Milford.

Colo. William Preston, Mr. Noah Hinman, for Woodberry.

Capt. Nath' Harrison, Mr. Jonath. Russell, for Brandford.

Capt. John Riggs, Capt. Samuel Bassett, for Derby.

Colo. Thomas Welles, Mr. Abner Moseley, for Glassenbury.

Mr. David Noble, Mr. Samuel Canfield, for New Milford.

Mr. John Crarey, Mr. William Marsh, for Plainfield.

Colo. John Dyer, Mr. Stephen Frost, for Canterbury.

Capt. Timothy Stone, Mr. Samuel Robinson, for Guilford.

[394] Capt. Jabez Chapman, for East Haddam.

Mr. Hez'i Brainerd, for Haddam.

Mr. Joseph Denison, Capt. Rufus Minor, for Stoningtown.

Major Elihu Chauncey, Mr. James Wadsworth jun., for Dur-
ham.

Capt. Richard Olmstead, Mr. Samuel Olrastead, for Ridgfield.

Mr. Ebenezer Bateman, Major Hez'' Sabin, for Killingly.

Colo. Benja. Hall, Capt. AVilliam Ward, for Wallingford.

Capt. Robert Dixson, Capt. Isaac Gallopp, for Voluntown.

Capt. Pelatiah Allyn, Capt. Roger Wolcott, for Windsor.

Capt. Charles Bulkley, Capt. Timothy Wright, for Colchester.

Capt. Joseph Sandford, Capt. Thomas Harrison, for Litchlield.

Mr. Benja. Gale, Capt. Elnathan Stephens, for Killingsworth.

Mr. Humpln-ey Avery, Mr. Roger Billings, lor Preston.

Capt. Thomas Storrs, Mr. William Johnson, for Mansfield.

Capt. Israel Knapp, Capt. John Mead, for Greenwich.

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say-
brook.

Mr. Thomas Gotten, Mr. Ebenezer Holbrook, for Pomfrett.

Mr. John Griswould, Capt. Elisha Slielden, for Lyme.

Capt. Thos Tousey, Mr. Jolni Northrop, for Newtown.

Colo. John Chester, Colo. Elizur Goodrich, for Weathersfield.

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown.

Colo. Christopher Avery, Mr. John Ledyard, for Groton.
Colo. Thomas Welles, Speaker, ) of the House of Rep-
Capt. John Fowler, Clerk, \ resentatives.

This day being appointed by the royal charter and the laws

of this Colony for the Election of the publick officers of the

Colony, viz : Governor, Deputy Governor, Assistants, Treas-
urer and Secretary, proclamation was made, and the freemen

proceeded to give in their votes to persons appointed by the

Governor, Council and Representatives, to receive, sort and

count them ; which persons were Nathaniel Stanly, William

Pitkin, Thomas Fitch, Roger Newton, Ebenezer Sillimaji,

John Bulkley, Andrew Burr, Esqf^ Mr. Joseph Buckingham,

Capt. Charles Bulkley, Capt. Samuel Sherman, Major Elihu

268 PUBLIC RECORDS [May,

Chauncey, Capt. Elisha Shelden, Mr. Ebenezer Baokus, Colo.
Jonathan Hoit, Mr. Thaddeus Burr, Colo. John Dyer, and
Capt. Eleazer Carey, (who were all sworn to a faithfnl dis-
charge of" that trust.) And tlie freemen's votes being brought
in, sorted and counted.

The Honourable Jonathan Law,Esq'', was chosen Governor
of this Colony for the year ensuing, and the Governor's oath
prescri!)ed by the law of this Colony, and the oath required
by act of Parliament, relating to trade and navigation, were
idministered to him by his Honour the Deputy Governor in
the presence of the Assembly.

Tlie Honbie Roger Wolcott, Esq% was chosen Deputy Gov-
ernor of this Colony the year ensuing, and was sworn, accord-
ing to law, by his Honour the Governor in the presence of the
Assembly.

James Wadsworth, Esq"", Roger Newton, Esq'',
Nathaniel Stanly, Esq"", Ebenezer Silliman, Esq'',
Timothy Pierce, Esq^, Jonathan Trumble, Esq'',
Samuel Lynde, Esq"", John Bulkley, Esq'',

William Pitkin, Esq^, Andrew Burr, Esq"",
Thomas Fitch, Esq'', John Chester, Esq%

[395] were chosen Assistants for the year ensuing, || and the
Assistant's oath, provided by law, was administred to the said
James Wadsworth, Nathaniel Stanly, Samuel Lynde, William
Pitkin, Thomas Fitch, Roger Newton, Ebenezer Silliman,
Jonath. Trumble, John Bulkley, Andrew Burr, and John
Chester, Esq'"% by his Honour the Governor.

John Whiting, Esq^, was chosen Treasurer of this Colony,
for the year ensuing, and had the Treasurer's oath, provided
by law, administred to him by his Honour the Governor.

George Wyllys was chosen Secretary of this Colony for the
year ensuing, and had the Secretary's oath, provided by law,
administred to him by his Honour the Governor in the pres-
ence of the Assembly.

Several members of the Assembly, who had not taken the
oaths provided by act of Parliament instead of the oaths of
allegiance and supremacy, now took the said oaths, and like-
wise the oath of abjuration, and made the declaration against
popery.

Ordered, That Ebenezer Silliman, Esq"", and Mr. Thaddeus
Burr, return the thanks of this Assembly to the Reverend Mr.
Nathaniel Hun, for his sermon delivered before tlieni on the
14tli of May instant, and desire a copy thereof that it may be
printed.

This Assembly do appoint the Hon'''e Roger Wolcott, Esqf,

1747.] OP coNNECticuT. 269

to be Chief Judge of the Superior Courts in this Colony the
year ensuing.

Tliis Assembly do appoint James Wadsvvorth, Esq"", William
Pitkin, Esqf, Ebenezer Silliman, Esq^ and John Bulkley, Esq"",
to be Judges of the Superior Courts in this Colony the year
ensuing.

This Assembly do appoint William Pitkin, Esq"", to be Judge
of the County Courts in the county of Hartford the year
ensuing.

This Assembly do appoint Joseph Buckingham, Esq% to be
Judge of the Court of Probate in the district of Hartford the
year ensuing.

This Assembly do appoint John Bulkley, Esq"", to be Judge
of the Court of Probate in the district of East Haddam the
year ensuing.

This Assembly do appoint Ebenezer Marsh, Esq"", to be
Judge of the Court of Probate in the district of Litchfield the
year ensuing.

This Assembly do appoint Thomas Welles, Henry Allyn,
and Jabez Hamlin, Esq^s, to be Justices of the Peace and Quo-
rum in and for the county of Hartford the year ensuing.

This Assembly do appoint Joseph Buckingham, Joseph Tal-
cott, George Wyllys, David Goodrich, Edward Bulkley, Roger
Wolcott, jun'", William Wolcott, jun'', Mr. Daniel Bissell, Giles
Hall, Joseph White, Thomas Johnson, Seth Wetmore, William
Wadsworth, Thomas Hart, Jolni Hart, Asahel Strong, Thomas
Hart, Jonathan Hale, John Humphrey, Joseph Wilcoxson,
Hezckiah Brainerd, Jabez Chapman, Stephen Horsmer, jun"",
Nathaniel Foot, Epaphras Lord, Benjamin Skinner, Joseph
Phelps, Thomas Pitkin, Zebulon West, Samuel Dimmock,
Ebenezer Marsh, Joseph Bird, Isaac Kellogg, Ebenezer Ly-
man, John Beacli, George Holloway, Timothy Hatch, Joseph
Pitkin, Elizur Goodrich, Charles Bulkley, Esq^s^ to be Justices
of the Peace in and for the county of Hartford the year
ensuing.

This Assembly do appoint Roger Newton, Esq'', to be Judge
of the County Courts in the county of New Haven the year
ensuing.

This Assembly do appoint Joseph Whiting, Esq"", to be
Judge of the Court of Probate in the district of New Haven
for the year ensuing.

This Assembly do appoint Samuel Hill, Esq"", to be Judge
of the Court of Probate in the district of Guilford the year
ensuing.

270 PUBLIC RECORDS [May,

This Assembly do appoint Samuel Hill, Benjamin Hall,
John Fowler and John Hubbard, Esqf^, to be Justices of the
Peace and Quorum in and for the county of New Haven the
year ensuing.

This Assembly do appoint Joseph Wliiting,-, Samuel Bishop,
Isaac Dickerman, John Hitclicock, Deodate Davenport, Rob-
ert Treat, Nathan Baldwin, John Russell, Jonathan Russell,
[396] Andrew Ward, Samuel Hopson, Tliomas Hodgskins,
Timothy Stone, Elihu Chauncey, Theophilus Yale, Samuel
Hall, Elihu Hall, Ezekiel Royce, John Riggs, Samuel Bassett,
Samuel Riggs, John Southmaid, Thomas Clark, Roger Brown-
son, Samuel Canfield, Natlianiel Bostwick, Samuel Hutcliinson,
John Williams, Thomas Chipman, Timoth}^ Russell, Nathaniel
Harrison, and Samuel Sherman and Thos. Mathews, jun",
Esqi'S to l)e Justices of the Peace in and for the county of
New Haven the year ensuing.

This Assembly do appoint Samuel Lynde, Esq% to be Judge
of the County Coui't in and for the county of New London
the year ensuing.

This Assembly do appoint John Richards, Esq"", to be Judge
of the Court of Probate in the district of New London the
year ensuing.

This Assembly do appoint John Griswould, Christopher
Avery jun"", Isaac Huntington, Jeremiah Miller and Richard
Lord, Esqfs, to be Justices of the Peace and Quorum in and
for the county of New London the year ensuing.

Tliis Assembly do appoint Simeon Minor, Joseph Denison,
John Whiting, Nathan Cheesbrough, Jedadiah Tracey, Humph-
rey Avery, Samuel Morgan, Nathaniel Brown, Jabez Hide,
Samuel Lothrop, Ebenezer Backus, Daniel Huntington, Luke
Perkins, John Ledyard, Joshua Hempstead, John Ricliards,
Joshua Raymond. Daniel Colt, Gurdon Saltonstall, Stephen
Lee, Daniel Ely, Elisha Sheklen, Nath' Clark, Jedadiah Chap-
man, John Tully, Ambrose Whittelsey, Benjamin Gale, Isaac
Kelsey, Abraham Pierson, Elnathan Stephens, and Benjamin
Lee, Esqrs, to be Justices of the Peace in and for the county
of New London the year ensuing.

This Assembly do appoint Andrew Burr, Esq^, to be Judge
of the County Coui-ts in the county of Faiifield the year
ensuing.

This Asseml>ly do appoint El)enezer Silliman, Esq"", to be
Judge of the Courts of Probate in the district of Fairfield the
year ensuing. *; >.

This Assembly do appoint Joseph Minor, Esq'', to be Judge

1747.] OF CONNECTICUT. 271

of the Court of Probate in the district of Woodberry the year
ensuing.

This Assembly do appoint Jonathan Hoit, Esq"", to be Judge
of the Court of Probate in the district of Standford the year
ensuing.

This Assembly do appoint Thomas Benedict, Esq"", to be
Judge of the Court of Probate in the district of Danberry the
year ensuing.

This Assembly do appoint Edmund Lewiss, John Thompson,
Jonathan Hoit, William Preston, Esq's, ^q \)q Justices of the
Peace and Quorum in the county of Fairfield the year ensuing.

This Assembly do appoint Joseph Blackleach, Theophilus
Nickels, Samuel Addams, Robert Walker, Thomas Tousey,
Job Sherman, Joseph Minor, Noah Hinman, James Beebe,
Thos. Benedict, John Read, Tliaddeus Burr, Samuel Sher-
wood, Moses Dimon, jun'', Samuel Handford, Samuel Fitch,
James Lockvvood, Jonathan Maltbie, Nathaniel Peck, Richard
Olmstead, Israel Knapp, James Benedict, 'Ephraim Hubbell,
Samuel Betts, William Burr, Samuel Grigory, and Hez^
Hooker, Esqr% to be Justices of the Peace in and for the
county of Fairfield the year ensuing.

This Assembly do appoint Jonathan Trumblc, Esqf, to be
Judge of the County Courts in the county of Windham the
year ensuing.

This Assembly do appoint Jonathan Trumble, Esq'", to be
Judge of the Court of Probate in the district of Windham
the year ensuing.

This Assembly do appoint Bbenezer West, Shubael Conant
and John Dyer, Esq""**, to be Justices of the Peace and Quo-
rum in and for the county of Windham the year ensuing.

This Assembly do appoint Joseph Strong, Joseph Leavinz,
Leicester Grosvenour, Joseph Cadey, Peter Buel, Thomas
Storrs, John Crery, Joseph Fowler, Gershom Clark, Nathaniel
Huntington, Jos. Palmer, Thomas Tiffany, Ebenezer Hol-
brook, Nathaniid Wales, Joseph Clark, Eliphalet Dyer, Samuel
Danielson, James Bicknal, and John Smith jun^, Esq""**, to be
Justices of the Peace in and for the county of Windham the
year ensuing.

An Act appointing a Court of Probate in the County of Windham and for
limiting the District thereof.

Be it enacted by the Grovernor, Ooimcil and Representatives ^

[o97] in General Court || assembled, and by the authority of the

same, That the towns of Plainfield, Canterbury, Killingly,

Pomfrett and Voluntovvn, all in the county of Windham, be

one entire district for holding a court of probate, and shall be

272 PUBLIC RECORDS [May,

kiiovvii by the name of the District of Plainfield ; and said
court shall he held by one judg;e and clerk, with powers and
privilefi:;es that the other courts of probate in this Colony
have; and in all cases where the law allows of appeals, they
shall be made to the superior court holden at Windham.

This Asseml)ly do appoint Timothy Pierce, Esq^ to be
.fudge of the Court of Probate in the district of Plainfield
the year ensuing.

This Assembly do appoint Jonathan Trumble, Esq"", John
Chester, Esq"", Mr John Humphrey, Capt. Asahel Strong,
Ca.))t. Samuel Sherman, Capt. Elisha Shelden, Mr. Ehiathan
Hand ford, and Capt. Gershom Clark, to be Auditors to audit
the Colony accounts with the Treasurer.

This Assembly do establish and confirm Mr. Samuel Ad-
dams to be Ca|)tain of the company or trainband at the
parish of Riptou, and order that he be commissioned accord-
ingly.

This AssemV)ly do establish and confirm Mr. Sevigiiion
Lewiss to be Lieutenant of the company or trainband at the
parish of Ripton, and order that he be commissioned accord-
ingly.

This Assembly do estaldish and confirm Mr. Joseph Shel-
ton to be Ensign of the company or trainband at the ])arish
of Ripton, and order that he be commissioned accordingly.

This Assembly do cstaldish and confirm Mr. Jonathan
Bates to be Captain of the company or trainband at the
parish of Midlesex, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Jonathan Sel-
Icck to be Lieutenant of the company or trainband in the
parish of Midlesex, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Thomas
Handford to be Ensign of the comj)any or trainband in the
parish of Midlesex, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Peter Bulkley
to be Captain of the com|)any or trainband in the parish of
New Salem, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Carew
to be Cornet of the Troop of Horse in the 3d regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Richard Bush-

1747.] OP CONNECTICUT. 273

nell to be Quarter-Master of the Troop in the 3d regiment in
this Colony, and order that he be commissioned accordingly.

This Asseml^ly do establish and confirm Mr. David Crocker
to be Captain of the 4th company or trainband in the town
of New London, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Daniel Deni-
son to be Lieutenant of the 4th company or trainband in the
town of New London, and order that he be commissioiited
accordingly.

This Assembly do establish and confirm Mr. John Dart to
be Ensign of the 4th company or trainband in the town of
New London, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Bel-
den to be Captain of the 9tli company or trainband in tlie
Gth regiment in this Colony, and order that lie be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Ebenezer Wright
to be Ensign of the 9th company or trainl)and in the 6th regi-
ment in tliis Colony, and order that he be commissioned ac-
cordingly.

Til is Assembly do establish and confirm Mr. Daniel Brad-
ley to be Captain of the 5th company or trainband in the
town of Fairfield, and order tliat he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Bradley
to be Lieutenant of the 5th company or trainband in the
town of Fairfield, and order tliat he be commissioned accord-
ingly.

Tins Assembly do establish and confirm Mr. David Banks
to be Ensign of the 5th company or trainband in the town
of Fairfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Sher-
wood to be Captain of the company or trainband in the
parish of Stratfield, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Hezekiah
Odell to be Lieutenant of the company or trainband in the
parish of Stratfield, and order that he be commissioned ac-
cordingly.

[398] This Assembly do establish and confirm Mr. Samuel
Odell to be Ensign of the company or trainband in the parish
of Stratfield, and order that he be commissioned accordingly.

274 PUBLIC RECORDS V^^Yy

This Assembly do establish and confirm Mr. Elihu Ketcham
to be Lieutenant of the south coui])any or trainband in the
town of Sharon, and order that lie be commissioned accord-
ingly.

This Assembly do establish Mr. Philip Kirtland to be Cap-
tain of the 8th company or trainband in the 7th regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Deni-
son to be Lieutenant of the 8th company or trainband in tlie
7th i-egiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Jolin Pj-att to
be Ensign of the 8th company or traiiil)and in the 7th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr, Josiah Roots
to be Quarter-Master of the Troop of Horse in the loth regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

Tliis Assembly do establish and confirm Mr. Caleb Mathews
to be Captain of the 6th company or trainband in the town
of Farming-town, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Samuel Gay-
lord to be Lieutenant of the 6th company or trainband in the
town of Farmingtown, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Edward Gay-
lord to be Ensign of the 6th company or train}>and in the
town of Farmingtown, and order that lie be commissioned
accordingly.

This Assembly do establish and confirm Mr. Caleb Allyn
to be Captain of the second company or trainband in the
town of New Haven, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Israel Munson
to be Lieutenant of the 2d company or trainband in the
town of New Haven, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Brad-
ley jun'', to be Ensign of the 2d comjiany or trainband in
the town of New Haven, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Hubbard

1747.] OF CONNECTICUT. 275

to be Captain of the first company or trainband in the town
of New Haven, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. James Peck
jun'', to be Lieutenant of tlie 1st company or trainband in
the town of New Haven, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. David Austin
to be Ensign of the 1st company or trainband in the town of
New Haven, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Josiah Olcott
to be Ensign of the 6th company or trainband in the town of
Hartford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Josiah Meiggs
to be Captain of the 6th company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Daniel Bishop
to be Lieutenant of the 6th company or trainband in the
7th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. David Field
to be Ensign of the 6th company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Spen-
cer to be Lieutenant of the company or trainband at the
parish of Millington, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Eden Bur-
roughs to be Ensign of the 4th company or trainband in
the town of Woodbury, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Ebenezer
Thomas to be Ensign of the 3d company or trainband in the
town of Woodl)ury, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Joel Northrop
to be Captain of the company or trainband at the parish of
Amity, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Stephen Sand-
ford to be Ensign of the company or trainband in the parish
of Amity, and order that he be commissioned accordingly.

[399] This Assembly do establish and confirm Mr. Nathan

276 PUBLIC RECORDS [May^

Botsfoid to be Ensign of the Ist company or trainband in
the town of New Milford, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel Butler
to be Captain of the 3d company or trainband in the town of
Weathersfield, and order that lie be commissioned accordingly.

This Assembly do establish and confirm Mr. Thomas Wells
to be Ensign of the 3d company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Jonathan
Starr to be Lieutenant of the 2d company or trainband in
the town of Danbury, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. David Hoit to
be Ensign of the 2d company or trainljand in the town of
Danbury, and order that he be commissioned accordingly.

This Assembly do estal)lish and confirm Mr. Stephen White
to be Captain of the company or trainband in the parish of
Stand wich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jonathan Dib-
ble to be Lieutenant of the company or trainband in the
I)arish of Standwich, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Benjamin
Webb to be Ensign of the company or trainband in the
parish of Standwich, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Samuel
Lothrop 3d to be Lieutenant of the (itli company or trainband
in the town of Norwich, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Isaac Wood-
worth to be Ensign of the 6tli company or trainband in the
town of Norwich, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. John Murdock
to be Lieutenant of the 10th company or trainband in the
7th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Asseml)ly do establish and confirm Mr. Benjamin Day
to be Lieutenant of the company or trainband in the 3d
society in the town of Colchester, and order that he be commis-
sioned accordingly.

1747.] . OF CONNECTICUT, 277

This Assemljly do establish and confirm Mr. Abel Forward
to Ije Lientenant of the company or trainband at the parish of
Tuiky Hills in the town of Symsbury, and order that he be
commissioned accordingly.

This Assembly do establish and confirm Mr. Martin
Winchell to be Ensign of the company or trainband at the
jiaiish of Turky Hills in the town of Symsbnry, and order
ihat he be commissioned accordingly.

This Assembly appoints John Cbester, Esq"", to be of the
Quorum in the county of Hartford the year ensuing.

Resolved hy this Assembly, That John Bulklcy, P]sq'', be
appointed, and he is hereby appointed, with full power and
authority to settle tlie accounts with the legatees of Capt.
John Pickett, late of New London, deceased, concerning the
storage of tlie small-arms which were in the custody of the
said Pickett, and, on their shewing who have received the
same, to give order on the treasury for them to receive there-
from what is in equity due for the storage thereof, and also
discharge said estate therefrom.

Resolved hy this Assembly, That Jonathan Trumble, Esq"",

be appointed, and he is hereby appointed, to examine into the

receipts given fur the premium granted and paid for the

company under the connnand of Capt. Robert Denison in

the expedition to Cape Breton; it being reported that the

premium for that company hath been paid once into the hand

of Colo. Simon Lothrop, and twice into tlie hands of said

Cai)t. Robert Denison, through mistake. And the said

Jonath. Trumble, Esq!", is further directed to account with

the said Colo. Lothrop and Capt. Denison respecting the

same, and to recover and receive the money that hath been

so paid out by mistake, and deliver the same into the hands

of the Treasurer, taking his receipt therefor.

An Act giving further Encouragement for the destroying Wolves in this

Colony.

Be it enacted by the Governor, Council and Representatives,

in G-eneral Court assembled, and by the auihority of the same.

That for the future tlic premium allowed for killing any wolf

or wolves, &c., shall be tlie sum of ten pounds old tenour out of

the publick treasury of said Colony, and the sum of five pounds

out of the town treasuries ; and all under the same regulations as

is by law already provided ; and half so much for every wolf's

whelp.

[400] An Act directing how Taxes granted by the General Assembly
to be levyed upon Lands in some of our Towns and Societies
shall be collected.

Whereas this Asseml>ly, for the speedy settling of and more

equal raising the taxes in some of our towns and ecclesiastical

278 PUBLIC RECORDS . [May,

societies, have granted a tax upon the lands in such town or
society, and for want ot" particular direction how such tax
sliould be collected much difficulty hath arisen: Which to
prevent.

Be it enacted hij ilte Grovernor^ Council and Representatives, in
G-eneral Court assembled, and b// the authority of the same.
That wiiensocver tliis Assembly shall grant a tax to l)e levyed
upon the lands of any such town or society, the same shall be
demanded as other rates or taxes by law ought to be, and if
the owner or owners of such lands do not pay such tax to the
collector chosen to gather the- same, then such officer may
;ipply to some assistant oi' justice of the ])eace, who shall grant
liim a writ, by force whereof such collector may proceed
to levy the tax or taxes not paid as aforesaid, in the same
form and manner as town or society taxes ought to be
levyed.

And it is further enacted. That in every case wherein this
Assembly hath granted any tax, as aforesaid, and the same is
not already levyed, tlie collector or collectors of such tax shall
proceed to collect the same as abovementioned : always pro-
vided, that if the owners of any land taxed, or that shall be
taxed, by order of this Assembly as aforesaid, and such
owner l)e or shall be taxed or greater taxes levyed of them
than what this Assembly hath or shall grant, then, in every
such case, such owner may make complaint to the county
court in the county where such lands do lye, which court shall
]>rocecd to hear such complaint and grant relief to all persons
they shall find wronged and oppressed by any collector, town
or society, and tax costs to the person unnecessarily vexed in
such affair.

This Asseml)ly do establish and confirm Mr. Daniel South-
maid to 1)0 Captain of the company or trainband in the town
of Waterbury, and order that he be commissioned accord-
ingly.

This Assem])ly do establish and confirm Mr. Thomas
Porter to be Lieutenant of the company or trainband in the
town of Waterbury, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Gershom
Fulford to be Ensign of the company or trainband in the
town of Waterbury, and order that he be commissioned ac-
cordingly.

This Assembly being informed that the inhabitants living
on that tract of land in this C(jlony commonly known by the
name of Mortlake, not being included within the limits of

1747.] OV CONNECTICUT. 279

any particular town bounds, whereby they hitherto have escap-
ed paying any publick tax to said Colony, and the said inhab-
itants being conveniently situated to the town of Pomfrett:
Resolved by this Assembly, that the Secretary of this Colony
shall give proper and due notice to the said inhabitants to ap-
pear at the General Assembly to be holden at New Haven in
October next, if they see cause, to shew reason, if any they
have, why said inhabitants should not be annexed to the said
town of Pomfrett.

This Assembly doth impower and order Capt. Titus Hurl-
burt to inlist twenty effective men, in equal proportion, out
of the two military companies in tlie town [)lat in New London,
to attend at the Battery in said New London, there to be ex-
ercised in the best manner to qualify them so as to improve
said l)attery to the best defence of that port and place, and the
most effectual repelling any agressor; which company is
ordered at all times, at lialf an hour's warning, to be in read-
iness to attend on every emergency, and particularly to appear
and attend two days in a month from the first of June to the
first of Noveml)er, and do duty, for which two days they shall
be allowed souldiers wages, and are to l)e under the same
regulation with other military companies, and shall be exempt
from all duty in the companies from which they were detached,
during the time of said five months.

Resolved htj th'm AsseniMf/, That Titus Hurlburt, Captain of
the Battery of New London, be allowed the sum of forty
pounds old tenour out of the publick treasury, for his last
year's service in the capacity aforesaid.

Upon the memorial of the President and Fellows of Yale
College in New Haven, representing that the present
college house is not large enough to entertain one half
of the students, and that there is a necessity of a new
house of about one hundred and ten feet in length and thirty-
eight feet in breadth and three stories high besides the gar-
[401] rets, praying this Assembly || to take the matter into
their consideration at this time, and grant that money neces-
sary for the building of such an house may lie raised in such
a maimer as under the present circumstances of the govern-
ment may be thought most convenient:

Resolved by this Asseynbl//^ That there be a pub[lick] lot-
tery of fifty thousand pounds old tenour concerted and drawn
in the usual and proper form of publick lotteries, at New Haven
in the county of New Haven, and that fifteen per cent, be de-
ducted out of each prize, for building of said house and charge
of said lottery.

280 PUBLIC RECORDS [May,

And it is further ordered and enacted^ That the said affair
of the lottery shall be forthwith proceeded upon, and that
Capt. John Hubbard, Mr. Samuel Mix and Mr. Chauncey
Whittelsey, all of New Haven, be the directors and managers
thereof, who may appoint tlieir clerks for said purpose ; and
the said directors or managers, and the clerk or clerks by
them appointed, shall be sworn before his Honour the Governor
to a faithful discharge of their trust, or before some Assistant
in this Colony, and shall receive the sum of two hundred
pounds old tenour as a reward for their service in said affair,
to be deducted out of said fifteen per cent.

And it is further enacted, That if any person shall forge,
counterfeit or alter any ticket in imitation of any ticket signed
by the said directors or any other person by their orders, or if
any person shall by virtue of any such forged, counterfeit or
altered ticket, (knowing the same to V)e such,) claim any
prize in tlie said lottery, he shall incur the same penalty, on
conviction thereof, as persons by law are liable to in other
cases of forgery. And the money which shall be raised by
the lottery as aforesaid shall )emain in the hands of the afore-
said directors and managers of said affair, to be disposed of
in erecting a college as aforesaid, according to such orders as
shall be given by this Assembly from time to time.

This Assembly grants to Mr. Timothy Green, printer, the
sum of eighteen pounds in bills of publick credit new tenour,
for his last half years salary.

Upon the memorial of the town of Salisbui-y, by their agent
Mr. Thomas Chipman : Resolved by this Assembly, that Major
Ebenezer Marsh, Capt. Joseph Bird and Capt. Jose})h Sand-
foj'd, all of Litchfield, be a committee to fix a place for the
said town to build a meeting-house upon, and make return
of their doings to this Assembly at their sessions in October
next.

Uj)on the memorial of Mr. Salmon Treat, of Preston,
setting forth tlsat upon the invitation of the inhabitants of said
town he had been settled in the ministry in that place and
continued there in the south society until the 14th day of
March, A. D. 174f , and the said Mr. Treat produced two votes
of the said inhabitants : in tlie first they granted to said Mr.
Treat the sum of forty pounds per year in money with the
addition of two pounds per year until the said sum should
amount to fifty pounds, &c. ; and in tlie second vote, which
was past on the 20th day of December, 1710, the said town
declared they had before granted unto the said Mr. Treat the
said fifty pounds per year, and that they had also got his fire-

1747.] OP CONNECTICUT. 281

wood, and thereupon vote him sixty-two pounds per year, pro-
vided said Mr. Treat did clear the town from getting said
wood ; and notwithstanding the said two votes, the said society
had refused to pay said Mr. Treat his full salary for the last
four years and two months he continued in the ministry there ;
and that thereupon he had brought his action against Hez^.
Parks, Jedadiah Tracey sen^., and the rest of the inhabitants
of said society, and that said action came to the superior court
at New London the fourth Tuesday of September last, where
final judgment was given against said Treat, to his great
wrong ; and thereupon praying for a new hearing at the supe-
rior court to be holden at New London in September next :
In consideration whereof, it appeareth to this Assembly, that
the said second vote of said Preston is in addition to the first
vote above recited, and was passed to make the salary therein
referred to larger, and not to lessen it, and that it was not
necessary in the second vote to mention the specie in which
said salary should be paid in, but that was settled in the first
vote : Whereupon it is resolved by this Asseml)!y, that the
said Mr. Treat shall have liberty of another tryal in his said
action at the superior court to be holden at New London in
September next, and another tryal of said case is here])y granted
unto said Mr. Treat accordingly ; and the whole costs to follow
sai<l tryal.

This Assembly do establish and confirm Mr. George Dol-
bear to be Lieutenant of the company or trainband in the
parish of New Salem, and order that he be commissioned ac-
cordingly.

[402] Upon the memorial of Thomas Darling, of New
Haven in the county of New Haven, praying for the sole lib-
erty of making glass in this Colony, and setting forth his
readiness to undertake and engage in said business if suitably
encouraged therein ; and this Assembly considering the ad-
vantage such a manufacture may be to this Colony if suc-
ceeded : It is resolved by tiiis Assembly, that the memorialist
and his assigns shall have the sole liberty and privilege of
making and manufacturing glass in this Colony, and the said
liberty and privilege is hereby granted unto them for the space
of twenty years from this time, and all and every other per-
son and persons are hereby forbid and prohibited setting up,
erecting and carrying on any works, buildings, or materials
for carrying on the business of making glass, as aforesaid, in
this Colony for the space of twenty years next coming, with-
out the liberty of the memorialist or his assigns, on penalty
that every such person or persons so doing shall forfeit the
36

282 PUBLIC RECORDS [May,

sum of one thousand pounds money, to be recovered by the
memorialist or his assigns in any court proper to try the same :
provided nevertheless, that if the memorialist and his assigns
shall neglect or fail to erect, setup and prepare suitable works
and materials for the making of glass, as aforesaid, for the
space of four years, or shall fail of making the quantity of five
hundred feet of good window-glass in any one of the remain-
ing sixteen years after the aforesaid four years, that then this
grant and every part thereof shall be void and of none effect,
anything thereinbefore to the contrary in anywise contained
notwithstanding.

An Act for the better supporting the Currency of the Bills of Publick
Credit on this Colony.

Whereas the bills of publick credit on the neighbouring
governments of New England have obtained a currency in
this Colony and have been received and passed by the inhab-
itants of this Colony promiscuously with the bills of credit on
this Colony, by which means this Colony bills have sunk in
their credit with the bills of the neighbouring governments,
and therel)y the medium of trade has become very unstable :
Which inconveniency for the future to prevent,

Be it enacted by the Grovernor, Council and Rej'^resentatives,
in General Court assembled, and by the authority of the same,
That for the future the bills of publick credit of this Colony
only, or silver or gold equivalent thereto, shall be accepted,
taken or received in this Colony for and in payment of court
and jury fees, and for imposts, duties, excise and other pay-
ments to be made for the use of the Colony or county treas-
uries ; and all judges and officers who shall receive any fees,
imposts, duties, excise, or other payments for the uses afore-
said, are hereby strictly forbid to take or receive any of the
bills of credit of the neighbouring governments for the afore-
said fees, imposts, duties, excise, or other payments for the
uses aforesaid.

Provided nevertheless. That nothing herein shall be under-
stood to proliibit or forbid the taking and receiving the afore-
said bills of credit of the said governments into the publick
treasury in payment or discharge of bonds or mortgages
heretofore given to the Governor and Company of this Colony,
expressly allowing the recei})t of the bills of credit of the
aforesaid governments in payment or discharge thereof, but the
said bills may be received according to the expression in such
bonds or mortgages contained, this act notwithstanding.

And be it further enacted by the authority aforesaid, That all
and every bond, bill, note or other contract, which shall be
made in this Colony after the first day of October next, wherein

1747.] OP CONNECTICUT. 283

or whereby the payment of bills of credit, of any of the afore-
said neighbouring governments or New York shall be expressly
contracted for, shall be null and void ; any usage or custom
in any wise heretofore to the contrary notwithstanding.

An Act for the Regulating and Encouragement of Trade in this Colony.

Be it enacted hi/ the (Joverfior, Couneil and Representatives ,
in Greneral Court assenihled, and hy the aittlbority of the same.
That from and after the first day of January next all and
every person and persons who shall import or bring into this
Colony, either by water or land-carriage, any goods, wares or
merchandizes, above the value of fifteen pounds new tenour,
from the iieighl)ouring governments in New England, or from
the governmejits of New York, New Jersey or Pensilvaiiia,
sliall pay a duty of five pounds for every hundred pounds
[403] worth of such goods, wares and merchandizes, || by him
or them so imported or brought into this Colony from the
aforesaid governments, unless the same be so imported or
brought in by a person that is not an inhabitant of this Colo-
ny, in which case the duty by him to be paid shall be seven and
half per centum. The value of which goods, wares and mer-
chandizes, at the place or port from whence they shall be
brought, shall be esteemed the value thereof, and the said
value being computed in bills of credit of this Colony, the
said duties shall be paid in such bills at the said rates of five
and seven and half p>*^'>' centum.

And that the said duties hereby laid may he effectually col-
lected and paid. Be it further enacted hy the authority aforesaid,
That there shall be a collector or collectors of duties appoint-
ed in each of the respective counties in this Colony, who shall
collect and receive all such duties as shall become due or
payal)le by virtue of this act ; and the Governor of this Colony
for the time being is hereby fully impowered and desired to
appoint and authorize such collectors, and so many of them
as occasion shall require.

Tliat every person or persons who shall, after the said first
day of January next, import or l)ring into this Colony any
goods, wares or merchandizes, from any of the aforesaid
neighbouring governments, shall within three days next after
such importation or bringing into this Colony, and before any
sale or disposition thereof or of any parcel thereof be made,
deliver to such collector a manifest under his or their hand
containing a true account of the quantity and value of such
goods, and make oath before such collector to the truth there-
of, which oath such collector is hereby impowered to require
and administer, at which time the importer or owner of said
goods shall pay to such collector the duties laid by this act

284 PUBLIC RECORDS [May,

for sucli goods, wares and merchandizes, or give bond with a
good surety to the Treasurer of the Colony for the payment
thereof within three months, at the furthest, from that time.

That if any person or persons sliall neglect or refuse to
conform to this act, by not giving a manifest, or attesting
thereto, or in not paying the said duties or giving security
tlierefor, according to the direction in this act contained, such
goods, wares and merchandizes, by him or them so imported
or brought into this Colony from any of the aforesaid govern-
ments, shall be forfeited, one-half to the Colony Treasurer
for the use of the government, and the other half to him or
them who shall inform thereof and prosecute such informa-
tion to effect.

That the said goods, wares and merchandizes, or any part
thereof, may be accordingly seized by such collector or col-
lectors, or by warrant from any one assistant or justice of the
peace, and on information made to the next superior court or
county court in the county where such seizure shall be made
or where the importer, owner or claimer of such goods resides,
when the same cannot be seized as aforesaid, the said superior
or county court may proceed to hear and determine the cause
and give judgment therein, either for the forfeiture of such
goods, wares and merchandizes as shall be seized, and order
the same to be sold for the purposes aforesaid ; or, in case
there be no seizure, then they shall give judgment for the
forfeiture of the value of said goods, wares and merchandizes
so imported or brought into this Colony, for which no duties
have been paid or secured to be paid as aforesaid, against such
person or persons as hath imported or brought the same into
this Colony contrary to the intent and meaning of this act,
and award execution thereon accordingly ; in the tryal where-
of the burthen of proof respecting the conformity to this act
shall lye on the importer or claimer of such goods, wares and
merchandizes.

That the collectors of such duties shall deliver the said
duties and securities, by them respectively collected or receiv-
ed, to the Treasurer of this Colony, taking his receipt for the
same; which duties shall lye as a fund in the treasury to
answer the premium hereafter in this act granted for or upon
the importation of goods, wares and merchandizes, from Great
Britain and Ireland.

Provided nevertheless. That nothing in this act shall be
understood to lay a duty on the importation or bringing
into this government cast, bar and slit iron, nails, salt,
steel, beaver, leather, deer-skins, fish both dry and pickled,

1747.] OF CONNECTICUT. 285

train-oil, whale-bone, rice, tar, turpentine, window-glass and
lumber, from any of the aforesaid neighbouring governments,
but the same sliall be free from such duties, anything in this
act before contained to the contrary notwithstanding.

And whereas the encouraging and promoting a trade to
Great Britain and Ireland will likely be greatly for the interest
of his Majesties subjects here, as well as increase the trade of
those Kingdoms :

Be itftirtlier enacted hythe authority aforesaid. That if any per-
[404] son or persons || belonging to this Colony shall, on his
or their own proper risque and account, import from Great
Britain or Ireland into this Colony any goods, wares or. mer-
chandizes, and dispose of the same for the use of the inhabi-
tants here, he or they shall receive as a premium therefor out
of the publick treasury five pounds in bills of publick credit
for every hundred pounds worth of such goods, wares and
merchandizes, in the like bills of credit: the said goods to be
valued according to invoice taken at the place of exportation
and a just exchange thereon to be computed.

And for the preventing of fraud in paying in the said premi-
um, and for direction therein,

Be it further enacted by the authority aforesaid, That the
person or persons importing any goods, wares and merchan-
dizes into this Colony from Great Britain or Ireland shall,
before he or tliey shall be entituled to the said premium, make
oath before an assistant and justice of tlie peace, or before two
justices of the peace {quorum unus,') that such goods, wares
and merchandizes were imported from Great Britain or
Ireland on his or their own proper risque and account and
have been disposed of and (bona fide^ sold in this Colony for
the use of the inliabitants here ; which oath the said authority
are hereby irapovvered to administer, and thereupon to draw
an order on the Treasurer of the Colony for the payment of
so much as shall appear to them to be justly due to such im-
porter as a premium by virtue of this act; which orders the
Treasurer shall pay out of the moneys or bills of credit that
shall be brought into the treasury for the duties by this act
laid on the importation, or bringing in of goods from the
neighbouring governments and for the duties laid by an act of
tliis Assembly on the exportation of lumber, so far as the said
duties will answer, and no further. And, that the Treasurer
may be the better able to observe and conform to this act, he
is hereby ordered and directed to make and keep a separate
and particular account of the duties he shall receive and of
the premia he shall pay out pursuant to this act.

286 PUBLIC RECORDS [May,

And it is further enacted hy the authority aforesaid, That the
aforesaid collectors shall be sworn to a faithful discharge of
their ti'ust, and sliall have a reward for their service, in
collecting and taking security as aforesaid, five per centum,
and shall render an account to this Court when thereto
required ; and the charge arising on the prernia aforesaid
shall be defrayed by the person or persons receiving the same.

This act to continue in foi'ce lor the space of live years from
tlic first day of June next.

An Act for laying a Duty on the Exportation of Lumber to the neigh-
bouring Governments.

Whereas great quantities of divers sorts of lumber are
frequently exjjorted out of this Colony to the neighbouring
governments, to the great destruction of timber, to the pre-
judice of building of shipping, and to the great damage of
our West India trade : Therefore,

Be it enacted hy the Governor, Council and Representatives,
in Cre)teral Court assembled, and hy the autliority of the same,
That for all lumber of the growth of this Colony that shall at
any time after the first of October next be shipped on board
any vessel in any port, river, harbour, road or place of lad-
ing in this Colony, for exportation to either of the governments
of the Massachusets, New York, Rhode Island or New Hamp-
shire, shall be paid a duty for the use of this government, as
foUoweth, {viz ;)

Fifteen shillings for each thousand of barrel staves.

Twenty shillings for each thousand of hogshead staves.

Thirty shillings for each thousand of pipe or butt staves.

Thirty shillings for each thousand of hogshead heading.

Fifteen shillings for each thousand of barrel heading.

Twenty shillings for every tun of ship timber.

Five shillings for every hundred foot of plank.

Two shillings and sixpence for every hundred foot of boai'ds, and

Twenty shillings for every cord of bark.
All in bills of credit of this Colony new tenour, or in other
bills of this Colony equivalent thereto.

And, that the said duties may be effectually collected and
paid.

It is further enacted hy the authority aforesaid, That the sev-
eral duties by this act laid shall be paid to and received by
such collector or collectors of duties as shall be appointed by
the Governor of this Colony for the time being foi' the collect-
ing of duties arising on the importation and bringing in of
[405] goods II from the neighbouring governments, out of
which duties such collectors shall receive five per cejitum for
their trouble therein.

1747.] OP CONNECTICUT. 287

That if any person or master of a vessel shall ship or take
on board any vessel in any port, river, harbour, road or place
of lading in this Colony, any quantity of the aforementioned
sorts of lumber for exportation to any of the aforesaid neigh-
bouring governments before entry thereof made with one of
the aforesaid collectors of duties, and bond with surety given
not to export such luml^er to the said neighbouring govern-
ments, or shall export the same to any of the said governments
before the duty by this act laid shall be paid, the said lumber
so shipped and put on board contrary to this act, or the value
thereof, shall be forfeited, one half to the Treasurer of this
Colony for the use of the government, and the other half to
the informer who shall prosecute the same to effect.

That the said lumber so shipped may be seized by such col-
lector, or by warrant from any assistant or justice of the peace,
and secured for tryal at the next county court in the county
where such seizure shall be made ; which court on information
made of the transgression of tliis act may hear and determine
the same, and give judgment for the forfeiture and sale of such
lumber as shall appear to be shipped contrary to tliis act; and
in case no seizure be made, they shall give judgment for the
value of said lumber so exported against him or them who ex-
ports the same contrary to this act, and award execution thereon
for the uses aforesaid, accordingly ; and that if on the tryal of
any such cause there shall arise a dispute about the growth of
said lumber, the Imrthen of proof shall lye on the shipper,
owner or claimer of such lumber, and if no claimer or owner
appear, or no plea or dispute happens, about the growth of
such lumber, it shall be presumed and taken for granted that
such lumber was of the growth of this Colony ; any law, usage
or custom to the contrary in any wise notwithstanding.

An Act for regulating- Fees.
Be it enacted hy the Crovernor, Council and Representatives
in Greneral Court assembled, and hy the authority of the same,
That the establishment of the fees belonging to the several
officers in this Colony be as followeth, in new tenour bills,
(viz .•)

£ s. d.
Assistants Fees.
For attending the General Assembly, per diem, 0 10 6
Travel per mile out, - - - 0 0 7

Representatives Fees.
For attending the General Assembly, per diem, 0 7 0
Travel per mile out, - - - - 0 0 7

Superior Courts Fees.
Chief judge, per diem, - - - 0 17 6

288

PUBLIC RECORDS

[May,

Assistant judges, per diem, • -
Trying eacli action, - - - -

Each default or confession, . . _

To the jury, _ . _ .

Clerk of the Superior Courts Fees.
Entering each action and judgment, -
Filing each individual testimony, -
Each execution, . _ . _

Entering judgment acknowledged, -
Copy of each testimony, _ _ _

County Courts Fees.
Chief judge, per diem, _ _ _

Justices of the quorum, jper diem,
For trying each action, _ _ _

Each judgment on default or confession,
For a lycence to each tavern-keeper,
To clerk for each lycence, _ . _

To the jury for trying each action, -
[406] Clerk of the County Courts Fees.

Entering every action, _ . _

Entering every judgment.

For attachment, summons and executions, and
other things proper to him, as in the as-
sistant and justices fees.

Court of Probates Fees.
Granting administration, to the judge.
Receiving and probate of every will and inven-
tory of fifty pounds or under, whereof to
the clerk 9c^. . - - -

Receiving and probate of every will and inven-
tory of above fifty pounds, whereof to the
clerk Is. Qd. . . . .

Each quietus, whereof to the clerk l.s.
Recording every will and inventory of fifty
pounds or under, - - - -

Recording every will and inventory of above
fifty pounds and not exceeding one hundred
pounds, - _ _ _

Also 9c?. per hundred for every hundred pounds
after the first hundred, and half so much
for copy of the same, . . .

Each bond for administration, and each letter of

administration, _ . .

Every citation, -----
Making out a commission, receiving and exam-

0 2 8

0 3 6

0 5 3

0 2 0

0 4 4

0 5 3

1747.] OP CONNECTICUT. 289

ining the claims of creditors to insolvent
estates, and registring the same, and mak-
ing ont the average, whereof to the clerk 2s.,

Registring the commissioners report per page
for each page of 28 lines, ten words in a
line, .....

Entering an order upon the administrator to pay
out the estate in proportion unto the sev-
eral creditors returned by the commission-
ers, - ... -

Allowing of accompts, settling and dividing of
intestate estates, ...

Appointing guardians and taking bond,

Assistant and Justices Fees.

Attachments or summons for action,

When bond is given, ...

A warrant for witnesses, . _ -

Entry and try al of an action, ...

Every execution, . . . .

Every warrant for criminals, ...

Bond for appeal, . . - _

Copy of evidence, the least, ...

Copy of judgment, - - - -

Every recognizance, . . . _

Judgment on confession or default.

Affidavits taken out of court, each.

Acknowledging a deed, mortgage, or other instru-
ment, - - . . -
Secretarys Fees.

Recording laws and orders of publick concern-
ment, iw the Colony records, each,

Affixing the Colony seal, each time.

Each military commission, ...

Each commission for the justices in each county.

Commission for the judges of the superior court.

Commission for the judges of the county court

and court of probate, each, - - 0

Each petition or memorial to the General As-
sembly, - - - - 0

To the General Assembly for every petition, - 1 15 (

[407] Sheriffs 'and Constables Fees.

Serving every summons Id., if by copy, lOc^. ; serv-
ing every attachment lOc^. ; bail-bond, Is. Id.

Attending at a justices court when obliged to at-
tend, for each action tryed, - - - 0 1 9
37

290

PUBLIC RECORDS

[May,

- 0 2

0 0 2^

Each mile travel out, two pence half-penny,
Fees for plaintiff, defendant or evidences attend-
ing any court, per diem,
Travel for plaintiff, defendant or evidence in any

court, per mile, _ _ _

Fees for a jury imployed in laying out highways
shall be for every juror per t?2m.
And the sheriff attending on said jury, per diem,
Town Clerks Fees.
For recording a deed, . . . .

For copy of deed, - . . -

To survey bill, -----
To recording a marriage, - - -

To recording a birth or death.

Leather Sealers Feea.
For each dicker, - - - -

For a single hide, - - - -

Half a dicker, _ . - .

Attorney Fees.
In taxing bills of cost, (the parties that recover,)
For attorneys fees at county court.
In the superior courts, _ - -

County Surveyors Fee per diem, besides his expences,

Sheriffs and Constables Fees.
Sheriff for tending General Assembly, superior
and county court, per diem, - - -

Constables fee for tendance, &c.,
For levying every execution, not exceeding five

pounds, - - . -

For every execution of more than five pounds,

not exceeding twenty pounds.
For all executions more than twenty pounds, not
exceeding forty pounds, - - .

And for every twenty pounds above forty, two
shillings, and so proportionably for greater
or lesser sums.

Sealers of Weights and Measures Fees.
For each weight and measure.

Recorder of Horses Fee.
For branding and recording every horse kind,

This act to continue in force for the space of one year, and
no longer.

Resolved hy this assembly. That Mr. Daniel Edwards, of
Hartford, be impowered, and he is hereby fully authorized
and impowered, to sue out all the bonds given for the pay-

0 3 0

0 4 0

0 8 0

0 0 4
0 0 6

1747.] OP CONNECTICUT. 291

ment of the first half of the principal sum borrowed in new
tenour bills, and loaned by order of this Assembly in the
county of Hartford and remain unpaid, and to proceed to final
judgment and execution according to the common rules and
course of the law; and the money, when recovered and received,
to pay into the hands of the Treasurer of this Colony, taking
his receipt therefor, and to lodge the same with the Secretary.
And Capt. Elihu Hall of Wallingford is in like manner fully
authorized and impowered to sue out the bonds given in
the county of New Haven for the said first half of the new
[408] tenour || bills loaned out as aforesaid, and to proceed and
do therein according to the above directions. And Mr. Ebene-
zer Backus, of Norwich, is in like manner fully authorized and
impowered to sue out the bonds given in the county of New
London, for the said first half of the new tenour bills loaned as
aforesaid, and to proceed and do therein according to the above
directions. And Capt. Robert Walker, of Stratford, is in like
manner fully authorized and impowered to sue out such bonds
which were given in the county of Fairfield, and to proceed
therein according to the above directions. And Jonathan
Trumble, of Lebanon, Esq% is in like manner fully authorized
and impowered to sue out such bonds which were given in the
county of Windham, and to proceed therein according to the
above directions. And the Treasurer is hereby directed to de-
liver out to the several persons above named the respective
bonds belonging to each of the aforesaid counties which re-
main unpaid, taking their receipts for the bonds given into
each of their hands.

Resolved hy this Assembly, That, for the future, the wages
of the officers, seamen and souldiers, imployed on board the
Colony sloop Defence shall be as follow, in bills of credit of
the new tenour, viz:

£ s. d. £ s. d.

To the captain. To the lieutenant,

per diem, 0 7 6 per diem, 0 5 0
To the master, 0 3 10 To the carpenter, 0 3 6
To the mate, 0 3 0 To the boatswain, 0 3 0
To the gunner, 0 3 0 To the doctor, 0 3 10
To the cook, 0 3 0 To the chaplain, 0 3 10
To an able seaman, 0 2 8 To souldiers and or-
dinary seamen, 0 2 0

An Act in Addition to an Act intituled An Act for regulating the Mili-
tia. (Page 494.)

Be it enacted hy the Crovernor, Council and Representatives,
in Greneral Court assembled, and by the authority of the same.
That if any person belonging to any foot company and liable

292 PUBLIC RECORDS [May,

to train or be viewed on days appointed by law for viewing
of arms, having been duly warned and not appearing and at-
tending the same, shall pay a fine of three shillings in new
tenour bills for each days neglect; any law, usage or custom
to the contrary notwithstanding; and also that drummers
shall have three shillings new tenour jogr diem.

An Act for raising and stating the Fare of the Ferry across Connecti-
cut River, commonly called Rocky Hill Ferry in Weathersfleld.

Be it enacted by the Crovernor, Council and Jiepresentatives,
in G-eneral Court assembled., and by the authority of the same,
That for the future the fare of said ferry shall be as follotveth,
(viz:') for man, horse and load, nine pence ; for a foot man,
five pence, and for a led horse, six pence, all old tenour.

This Assembly do appoint Mr. Cyprian Webster, to be a
Justice of the Peace for the county of Hartford for the year
ensuing.

Resolved by this Assembly, That the town of Tolland send
into this Assembly in October next the sum total of their list,
as the law directs.

Whereas the estate of Samuel Weed*, of Derby, both real
and personal, is forfeited to this government, and is by this
Assembly ordered to be sold to the best advantage by a com-
mittee appointed for that purpose ; and this Assembly being
now informed that since the same has been declared to be
forfeit, some persons, under colour of title from the said Samuel
Weed, have entered into his lands and would prevent the or-
ders aforesaid taking effect : This Assembly do appoint and
fully empower Capt. Elihu Hall, of Wallingford, in the name
of the Governor and Company, to commence a suit or suits,
as the case may require, to eject any person or persons that
have entered or may hereafter enter into any of the said
Weed's lands forfeited to this government as aforesaid, and
the same to prosecute from time to time until such incum-
brances may be removed ; which shall be done at the charge
of this government.

Resolved by this Assembly, That the sum of six hundred
pounds old tenour be delivered out of the treasury to his
Honour the Lieutenant Governor, to be by him forwarded as
soon as may be to Colo. John Stoddard, to be improved for the
use of the Six Nations in such manner as the said Colo. Stod-
dard may think most for the advantage of this Colony.

[409] Resolved by this Assembly, That his Honour the
Governor, with the advice of his Council, be impowered, and
they are hereby fully impowered and authorized, to do, act
and fully conclude, from time to time until the next sessions

1747.] OP CONNECTICUT. 293

of this Assembly, what shall be best and needful for the en-
couragement of the Indians of the Six Nations in the carry-
ing on the present war, and to draw money for that purpose
out of the publick treasury, not exceeding the sum of two
thousand pounds old tenour.

Resolved hy this Assembly^ That William Pitkin, Jonathan
Trumble and George Wyllys, Esq^^, be a committee, they
or either two of them, to take into consideration Mr. Agent
Palmer's letters, particularly relating to the muster-rolls of
the forces that were imployed in the expedition against Cape
Breton, and also the best proof of their services, and to com-
pleat the account of the expences of the Colony till the gar-
risoning of Louisbourg was taken into the hands of his Majesty
and our troops returned.

The Additions to the Lists of Estate of the several To-vsrns in this Gov-
ernment hereafter mentioned, sent in to this
Assernbly, are as follow, (viz :)

/Single Addition. Fourfold Assessments.

<£ s. d.

692 0 0

To Hartford,

1226

To Danbury,

To Fairfield,

276

To Windham,

2138

To New Milford,

To Stanford,

988

To Canterbury,

560

To Mansfield,

496

To Branford,

111

To Groton,

189

To New London,

162

To Ash lord.

315

To Lebanon,

639

To Ridgfield,

To Farmingtown,

397

To Stoningtown,

711

To Plainfield,

To Greenwich,

2058 18

To Colchester,

803

To Windsor,

928

To Wallingford,

1347

To Norwalk,

1653

To Guilford,

331

To Preston,

1081

To Yoluntown,

373

To Durham,

To Pomfrett,

1007

To Milford,

490

600 12 0

337 14 0

- 459 6 0

- 2381 4 0

72 12

69 4

1755 8

904 12 0

172 4

245 4

1195 16

710 0

217 0 0

294 PUBLIC RECORDS [May,

Single Addition.

Fourfold Assessments.

£ s. d.

<£ s. d.

To New Haven,

1242 16 0

- 513 4 0

To Lyme,

122 9 0

218 4 0

To Water bury,

93 14 0

- 447 8 0

To Killingsworth,

29 11 6

170 8 0

To Stratford,

2324 5 11

To Hebron,

309 0 0

To Weathersfield,

426 17 11

To Midletown,

315 17 0

■

To Saybrook,

876 0 0

- 348 0 0

To Norwich,

1897 0 3

2157 13 0

Whereas this Assembly, at their

sessions

in June last.

desired his Honour

the Governour

to have

the accounts.

respecting the cloathing and arms, which he directed the
commissaries to provide for the souldiers inlisted for the
expedition against Canada, prepared and laid before Lieut.
General St. Clair, who was appointed by his Majesty to
make a reasonable allowance for the defraying the expence
[410] thereof: || And whereas it has so happened that the
said expedition did not go on, and there has been no oppor-
tunity to lay the said accounts before Lieut. General St. Clair
for his allowance thereof: Therefore, it is now resolved,
that his Honour the Governor be, and he is hereby, desired
as soon as may be, to make proper drafts on the Pay-Master-
General of the King's forces, for the allowance and payment
of those expences, or upon any other officer or board proper
for that purpose, and to take all proper measures for the
allowance of said accounts and payment of said expences.
And William Pitkin, Jonathan Trumble and George Wyllys,
Esqi's, or any two of them, are appointed to assist the Gov-
ernor in putting in proper order and preparing the said
accounts for the purpose aforesaid.

Resolved by this Assembly, That his Honour the Governor,
with the advice of the Council of War at Milford, be im-
powered and authorized to give orders from time to time
to the several commissaries in this government, to sell and
dispose of the stores in their custody which were provided
for the expedition against Canada, either in whole or in
part, as they shall think fit, and to deliver the money to
the Treasurer of this Colony, according to the act of Assem-
bly passed in October last.

Upon the petition of James Tilley, of New London in
the county of New London, vs. Thomas Forsdick, of said
New London, representing that by a certain deed, dated

1747.] OF CONNECTICUT. 295

the 16th day of February, 172|, the said Tilley and his
late wife Ruth mortgaged the spot of land wliereon the
petitioner's dwelling house stands unto the said Forsdick,
which land not being redeemed according to the condition
of said mortgage, and the petitioner having built his house
thereon, the said Forsdick brought his action against the
petitioner for a surrendry of said house and land, and that
pending said suit the petitioner agreed with and purchased
the said land of the said Forsdick, and further agreed to
suffer judgment in said suit to be rendered against the
petitioner after said purchase, and that he should after that
have the direction and benefit thereof; that, notwithstand-
ing, the said Forsdick, contrary to said agreement, had
taken out execution on said judgment, in order to levy
the same, to the petitioner's great damage ; and thereupon
praying for relief in the premises : on which this Court
appointed a committee in October last, to enquire into and
report their opinion in the premises, which being made to
this Court, and accepted : It is now resolved thereon, that
the judgment of the superior court held in Norwich on the
4th Tuesday of March, 1744, rendered in favour of the
said Forsdick against the said Tilley in the suit aforesaid,
be reversed and set aside, and the same with the execution
thereon is hereby reversed and set aside ; and that inasmuch
as the said Forsdick for a valuable consideration conveyed
the said land by his deed dated the 6th day of February,
174|, to the said Tilley, the same deed is hereby ratified
and confirmed unto the said Tilley, his heirs and assigns ;
and that the said Forsdick pay the costs he, the said Til-
ley, hath been put to in this case, allowed and taxed at
<£65 lis. Sd., and that execution go forth accordingly, ^x.
granted June 3t?, 1747.

Upon the petition of Samuel Talcott, Esq"", sheriff of Hart-
ford county, shewing that one Daniel Chapman, of Cornwal,
having by four several writs of attachment issued in favour of
Jonathan Dodge, of Colchester, [been] taken and committed
to the common goal in said Hartford, and the goal-keeper
having by occasion of some false and forged order [been]
induced to suffer the said Chapman to go at large, &c., he,
the petitioner, hath been by the said Dodge sued therefor
in four several suits, and final judgments on each of tliem
rendered, though the said Dodge had in fact, before said
Chapman's enlargement, been fully satisfied his debts on
which said attachments issued, &c. ; prays the said judg-
ments against him be set aside and he be allowed a new

296 PUBLIC RECORDS [May,

tryal of said actions &c., as per petition on file : Resolved
by this' Assembly, that the petitioner have liberty of a new
tryal in each of the said actions at the adjourned county
court to be held at Hartford on the third Tuesday of June
next ; and that if the plaintiff in said actions recover, the
future cost only to follow the final judgments ; and in case
the defendant in said actions recover finally, he shall recover
back the sums in said former judgments given in damage
against him, and his future cost.

Upon the petition of Silas Wells, of Glassenbury, Charles
Wilcox, Jerusha Wilcox, of Midletown, and Ichabod Andruss,
of Farmingtown, all in the county of Hartford, praying this
Assembly to set aside the judgment of the superior court
held at Hartford in March last past, wlierein the petition-
[411] ers II were plaintiffs vs. Moses Bush, of Midletown,
defendant, for that the jury missed the law in the case and
gave their verdict for the defendant to recover his cost,
whereas they ought to have brought in their verdict in
favour of the plaintiffs : Resolved by this Assembly, that
the judgment of the superior court be set aside and all the
doings thereon, and that the petitioners liave another tryal
at the superior court to be held at Hartford in September
next, as prayed for ; and all the cost to follow the final tryal.

Upon the petition of Joshua Brainerd, Daniel Gates the
2d, Thomas Gates, Jonathan Cone, and several other per-
sons of East Haddam, whose names are subscribed to the
said petition dated the 29th day of April last, being some of
the proprietors of the common land in East Haddam, vs.
the proprietors of the common and undivided lands there,
and William Olmstead of East Haddam, complaining that
since the 26th day of February, A. Dom. 174f , the proprie-
tors of the said common and undivided lands have in divers
illegal meetings made sundry votes and acts, so called, re-
specting the division of lands in said town, and appointed
committees to proceed therein; also complaining of a judg-
ment obtained by the said William Olmstead at the county
court held at Hartford on the second Tuesday of April last
against the proprietors of the said common and undivided
lands, for the sum of £241 16s. 4d. old tenour, debt, and
£5 15s. 2d cost, as being obtained in an illegal and undue
manner, and that execution thereon was granted, dated the
15th day of April aforesaid ; and thereupon praying for relief
in the premises, as per their petition on file more fully
appears : Resolved by this Assembly, that all the votes,
acts and doings of the said proprietors, passed, voted or

1747.] OP CONNECTICUT. 297

entered in their meetings, so called, since the 26th day of
February, 174 1, and also the doings and acts of their com-
mittees consequent thereon, shall be, and they are hereby,
reversed, set aside and made null and void, and shall be
esteemed and accounted as null and void in the law ; and
that the said judgment obtained by the said William 01m-
stead, and the said execution and all the doings thereon,
be, and the same are hereby, reversed, revoked and wholly
set aside ; and liberty is hereby granted that said proprie-
tors have a new tryal of said case at the adjourned county
court to be held in Hartford in and for the county of Hart-
ford on the third Tuesday of June, A. Dom. 1747, and
that the petitioners shall have liberty to appear by them-
selves or their attorney, to defend in the suit on which
said judgment was obtained, if none else of said proprietors
will joyn with them therein ; and that said action may
proceed as though first Jbrought to said adjourned court.
Cost alloived petitioners is <£23 12s. 6d. Ex. granted Septem.
1st., 1747. Alias ex. granted Nov. 21th, 1747. Same ex.
new dated viz. : Feb. ll^A, 1741.

Upon the petition of John Soper, of Windsor, represent-
ing that Isaac Skinner, of said Windsor, liaving before the
county court at Hartford in April last obtained a judgment
against him on demurrer in an action of trespass, and that
the said action was, by mere oversight, omitted to be re-
viewed, and praying liberty to give bond for prosecution &c.,
and have liberty of another tryal of said case per review at
the adjourned county court at Hartford in June next, &c. :
Resolved by this Assembly, that the petitioner have liberty
(first entering his bond of prosecution with the clerk of
said court) to have another tryal of said cause at the said
adjourned court in June next, as though he had actually
moved for a review and given bond of prosecution before
the said court where said judgment was given ; and that
execution be accordingly stayed till final judgment ; and that
the future cost only, in case the petitioner, defendant in Said
cause, recover, shall follow such final tryal.

Upon the petition of Isaac Skinner, of Windsor, vs. John
Soper, of said Windsor, representing that there had been
sundry controversies and differences between the said parties
relating to a certain tract of land in said Windsor called
Moses's Grant, the northern part whereof was claimed by
the said Skinner, and the southern part by the said Soper, and
especially with respect to the stating of a line between their
said claims, and also with respect to their book accounts, and
38

298 PUBLIC RECORDS [May,

that they had had sundry agreements, arbitrations, law suits
&c., thereon, and tliat justice was still likely to be obstructed
and hindered in the premises, and praying for a committee
to enquire into the equity of said cause, &c. : Whereupon it
is resolved by this 'Assembly, that Messrs. Nathaniel Case,
Jeremiah Filer and Joseph Collier, be appointed a committee
to enquire into all matters of controversy between said parties,
and to make their report to this Assembly at their sessions in
October next.

Upon the petition of David Nevens, late of Kingstown in the
county of Hampshire and Province of the Massachusets Bay,
[412] now of Canterbury in the county of Windham, || vs. Sam-
uel Pelton, late of Midletown, now of Hartford in the county
of Hartford, representing that he had an execution against
one John Blye, of said Midletown, for the sum of <£(3 13s. 6d.
lawful money damages, and for cost of suit 13s. 7c?. lawful
money, issued on a judgment obtained at the county court
held at Hartford in April term, A. D. 1743, which was dated
the 30th day of April, 1744, and delivered into the hands of
said Pelton, as he was constable of said Midletown, for him to
execute the same ; also that he had brought his action against
the said Pelton for neglecting and refusing to execute said
writ of execution, demanding damages forty pounds money,
which action came to final tryal on the plea of not guilty at
the county court held at said Hartford in April, 1746, when
and where he, the said Nevens, lost his said action for want
of sufficient evidence to prove that said Pelton had received
said execution ; representing also that he had since said tryal
found new evidence to prove said matter of fact, and praying
for a new tryal in said action, &c. : Whereupon it is resolved
by this Assembly, that the aforesaid final judgment of said
county court be, and it is hereby, set aside and made void ;
and the said Daniel Nevens shall have the liberty of having a
new tryal in said action at the adjourned county court to be
held at said Hartford in and for said county of Hartford on
the 8d Tuesday of June next, and the whole cost shall lollow
the final judgment ; and if the said Nevens shall finally re-
cover against the said Pelton in said action, the said county
court shall give judgment also for all the damages that the
said Nevens hath suffered by occasion of the said judgment of
the said county court in April, 1746, and the execution that
issued thereon.

Upon the petition of Samuel Beamond, of Symsbury, set-
ting forth that James Poisson, of said Symsbury, obtained a
writ of attachment against him, and thereby attached his

1747.] OF CONNECTICUT. 299

body, and afterwards released him and agreed that said action
should not proceed ; and the petitioner, depending upon said
agreement, did not appear at court, and the said Poisson at
court, {viz:} the county court held in Hartford in November,
1745, entered liis action and obtained a judgment against tlie
petitioner, for the sum of <£500 Os. Od. debt and £6 Os. 4:d.
cost of suit ; praying that the said judgment be reversed and
set aside : Resolved by this Assembly, that the said judgment
of the county court be reversed, and the same is hereby re-
versed and made null and void, and all the doings thereon ;
and the said Poisson lias hereby liberty given him to enter his
action upon said writ of attachment at the adjourned county
court to be held at Hartford on the 3d Tuesday of June next,
and that all the cost follow the final tryal in said case.

Upon the petition of James Rogers, of New London, setting
forth that Richard Durfey, of said New London, brought his
action against him, demanding £782 3s. 2d. by book, which
came to a final tryal at the superior court held in Norwich in
March last, at which tryal the said Rogers was not allowed to
give his book in evidence with the charges of mariners wages
in it, whereby he was prevented of having credit for the
greater part of iiis charges, and had the judgment rendered
against liim for the sum of £337 lis. Id. debt, besides a large
bill of cost ; and praying this Assembly to set aside the said
judgment and appoint commissioners to examine and adjust
their accounts, as by the petition on file appears: This Assem-
bly doth suspend the said judgment of the superior court, with
all doings thereon, and do appoint Samuel Lynde, Esq'', and
Messrs. Ebenezer Backus and Stephen Lee, to hear and ex-
amine the accounts between the said Richard Durfey and-
James Rogers, as well respecting mariners wages as other
articles, and make report to this Assembly in October next
what they shall find the just ballance of their accounts in
favour of either party.

Upon the petition of John Seaberry, of Groton in the
county of New London, against Godfrey Malbone, of Newport
in the county of Newport and Colony of Rhoad Island, pray-
ing for a rehearing in a certain action brought by said Malbone
against the said Seaberry to the county court in New London
on the 2d Tuesday of June, 1745, upon bond, demanding one
hundred pounds old tenour by bond, and in which there was
a final tryal at the superior court held in New London in Sep-
[413] tember, 1746, as by the petition on file appears : || This
Assembly doth reverse and set aside the said judgment of the
superior court and all the doings thereon, and grants unto

300 PUBLIC RECORDS [May,

the said Seaberry liberty of another tryal in the superior
court to be held in New London on the fourth Tuesday of
September next, and that all the costs from the beginning fol-
low said tryal.

Upon the petition of Isaac Sheldon and Samuel Wells, both
of Hartford, agents for the proprietors of the common and
undivided lands in the town of Union, vs. James Enno, of
Union, as on file : The question was put, whether the pleas
offered (by the respondent) in abatement of said petition are
sufficient: Resolved by this Assembly in the affirmative.
Cost allowed 7'espo7ident <£8 4s. 9^^.

Upon the petition of Samuel Palmer, of Hebron, vs. Jona-
than Morton, of Hatfield, &c., as on file : The question was
put, whether anything prayed for in the said petition should
be granted : Resolved by this Assembly in the negative. Cost
alloived respondeyit £13 19s. 2c?. Ex. gra7ited Ju7ie2>d,Vl4il.

Upon the petition of Joseph Barnerd, of Hartford, vs.
Jonathan Olcott, of Hartford : The question was put, whether
the pleas offered in abatement &c. of the said petition are
sufficient : Resolved by this Assembly in the affirmative.
Cost alloived respo7ident is £2 18s. Od. Ex. gra7itedFeb.28th,
1749-50.

Upon the petition of John Hough, of Norwich, ws. Timothy
Waters, of Lebanon : The question was put, whether anything
should be granted on the prayer of said petition : Resolved
by this Assembly in the negative. Cost allowed respondent is
£1 17s. Qd. Ex. gra7ited Ju7ie M, 1747.

Upon the petition of Benadam Gallop jun^, of Groton, vs.
John Noyes, late of Groton, now John Noyes jun., of Ston-
ington, as on file : The question was put, whether the prayer
of the petitioner should be granted : Resolved by this Assem-
bly in the negative. Cost allow'' d respondent is £8 lis. Qd.
Ex. granted June 8d, 1747.

Upon the petition of Timothy Waters, jun"", of Lebanon, vs.
John Starke jun"", of New London and John Hough of Norwich,
as on file : The question was put, whether the pleas offered in
demurrer to the said petition are sufficient, (fee. : Resolved by
this Assembly in tlie affirmative. Cost allowed respondent
-X4 12s. Od.

Upon the petition of Timothy Waters, of Lebanon, t;s. John
Hough, of Norwich, as on file : Tiie question was put, whether
the pleas offered in abatement of said petition are sufficient :
Resolved by this Assembly in the affirmative. Cost allowed
respondent is £4 Os. Qd.

1747.] OF CONNECTICUT. 301

Upon the petition of Jonathan Dean, of Plainfield, vs.
Robert Hunter, of Voluntown, on file, by continuance from
this Assembly in October last : The question was put, whether
the petitioner shall have another tryal of his cause as prayed
for in said petition : Resolved by this Assembly in the nega-
tive.

Upon the petition of David Cosseboora, of Smith-Town in
the county of Suffolk on the island of Nassau in the Province
of New York, and the others named in said petition, vs.
William Olmstead, one of tiie proprietors of the common and
undivided land in the town of East Haddam, and the rest of
the proprietors of said common and undivided land, as on
file : The question was put, whether anything prayed for in
said petition should be granted : Resolved by this Assembly
in the negative. Cost alloived respondents is X13 10s. Ot?.
Ex. granted July '22d, 1747.

Whereas the inhabitants of the towns of Woodstock, End-
field, Suffield and Sommers, by their agents have preferred
their petition to this Assembly, representing that the said
towns are situate within the bounds granted by the royal
charter to this Colony ; that by the settlement of the dividing
line between tlie Province of the Massachusets Bay and this
Colony, by commissioners from each government in the year
of our Lord 171-5, the said towns were set off or put into the
jurisdiction of the said Province of the Massachusets Bay with-
out their consent, and that by means thereof the inhabitants of
said towns are (as the said agents complain) deprived of their
just rights and privileges, and thereupon aggrieved, and have
therefore now made request to this Assembly for relief in the
premises ; praying that a committee be appointed to treat
with said Province, or that such other measures may be taken
as shall be most proper therein : Whereupon it is resolved by
this Assembly, that Jonathan Trumble, John Bulkley, Esq'%
Colo. Benjamin Hall and Capt. Roger Wolcott, they or any
three of them, be appointed, at the cost of the petitioners, and
they are hereby appointed, Commissioners to meet and confer
with such gentlemen as may be appointed by the Province of
the Massachusets Bay, at such time and place as shall be
agreed on between them, to hear, consider and report to the
next Assembly after said meeting and conference, their opinion
on what shall be offered in this atfair by the Commissioners of
said Province and the inhabitants of said towns. .

[414] Upon the memorial of Thomas Webster, Nathaniel
Kingsberry, Nathaniel House and others, part of the first and
second societies in Coventry, part of the second society in the

302 PUBLIC RECORDS [May,

township of Lebanon, and part of the inhabitants of the town-
ship of Hebron, praying to be made a distinct ecclesiastical
society according to a certain report of Joseph Talcott, Daniel
Bissell and Jonathan Hills, a committee appointed by this As-
sembly in May, A. D. 1746, or otherwise, as by their memorial
on file appears: This Assembly do enact, order and grant,
unto the memorialists, that they be, and they are hereby made,
a distinct ecclesiastical society, with all the privileges and im-
munities of such a society according to the acts and laws of
this Colony, and shall be known by the name of Andover;
bounded and described as followeth, viz: Beginning at a heap
of stones which is the northwest corner of Simon Atherton's
land in the east line of the town of Bolton, from thence south in
said Bolton east line, there measuring two miles 186 rods, to a
large heap of stones which is the southeast corner of said
town of Bolton and the southwest corner of the town of Cov-
entry, from thence running west, measuring there two hundred
and twenty rods, to a heap of stones, from thence running
south twenty-one degrees east, there measuring one mile and
half and forty rods unto a heap of stones six rods southwest
of Ebenezer Horton's now dwelling house, which last line in-
cludes Thomas Webster's now dwelling house, from thence
running south thirty-four degrees east unto a heap of stones
which are west from Jonathan Sacket's house, from thence to
the most northern part of the said Sacket's house, from thence
a straight line to the east line of the town of Hebron and the
west line of the town of Lebanon two mile and one half mile
and twenty-eight rods from the northeast corner of the said
town of Hebron, from thence north eighteen degrees east one
mile and eight rods into said town of Lebanon, including the
now dwelling house of Philip Bill, from thence north tliirty-
seven degrees east two hundred and fifty-six rods unto a chest-
nut tree in the highway near Gibbs's now dwelling house, from
thence continuing the same point north thirty-seven degrees
east one mile and ninety-two rods unto a heap of stones on
the southerly side of Hop River, from thence north twenty-five
degrees west, crossing said river, there measuring two miles
and ninety-eight rods to a white-oak tree between two rocks
on the east side the highway and at Silas Long's land, from
thence west three degrees south, there measuring one mile one
hundred and twelve rods unto a large white-oak tree, including
the now dwelling house of Benjamin Jones, from thence west
twenty-three degrees north, there nieasuring one mile and
half, unto the bounds first mentioned.

Whereas Samuel Weed, Daniel Tucker and Nathaniel

1747.] OP CONNECTICUT. 303

Worster, all of Derby in the county of New Haven, before a
special superior court held at New Haven on the 4th Tuesday
of April last past, were severally indicted for counterfeiting
the bills of publick credit on this Colony, or being aiding or
assisting therein, and the said Weed and Tucker before said
court were found guilty of the crime aforesaid on their con-
fession, and the said Worster was found guilty of the said
crime by the verdict of the jury, and thereupon the said Weed,
Worster and Tucker, were severally sentenced by the said su-
perior court to suffer tlie corporal punishments by law ordered,
and also that they should, each of them, forfeit all his estate
unto this government, and the sheriff of the county of New
Haven was by the said court ordered and directed to make
due enquiry after and to seize and take into his possession the
estate of the said Weed, Worster and Tucker, until this As-
sembly should make some orders about the same: It is now
resolved by this Assembly, that Capt. John Fowler and Capt.
Samuel Bassett be a committee with full power and authority
to demand and receive of Samuel Mansfield, Esq^", sheriff of
the county of New Haven, all such goods or estate of the said
Weed, Worster and Tucker, as he has seized and is in his
hands or that may be found in the hands or possession of any
other person, both real and personal, and to make sale of the
same to the best advantage for the use of this government,
and to make and execute deeds of any lands sold as aforesaid
to any purchaser or purchasers, in behalf of this government ;
and the money that shall be raised on such sales shall be de-
livered to the Treasurer, taking his receipt for the same ; and
in case any part of such estate cannot be sold to good advan-
tage for ready money, it may be sold on good bonds with sure-
[416] ties payable at the expiration of a time not || exceeding
two years, which bonds shall be lodged in the Secretary's
office. Always provided, that the said committee do not retain
or dispose of any of the estate of either of said persons as is
for necessary use and by law is already exempted from being
taken by execution, but allow them respectively to have the
same, and necessary provisions for their wives and families till
the first day of January next.

Upon the memorial of Epaphras Lord, Esq"", William Buel.
and others, representing that they belonged some to the first
society in Colchester, some within the town of Hebron, some
within the second society in Glassenbury, and some of them
within the third society in said Colchester, and that they lived
at a great distance from the several places of publick worship
where they respectively belong; and praying to be made a dis-

304 PUBLIC RECORDS [May,

tiiict ecclesiastical society, and to have bounds and limits accord-
ing to a certain plan and report of Messrs. Roger Wolcott
jun"", Esq', Mr. Daniel Bissell and Hezekiali May, who were
appointed a committee to view the circumstances of the me-
morialists, &c. ; which bounds and limits areas follow, viz:
Beginning at the northeast corner of Midletown bounds, and
fi*om thence a line drawn northerly to the northwest corner of
David Dickinson's land in Eastberry, and from thence eastward
to the northwest corner of a lot of land on which Daniel
Cliamberlain's barn stands, and from thence to run near east on
the north side of said Chaml)erlain's land until it meet with
Hebron west line, and from thence southerly to the northwest
corner of a farm of land on which the widow Lucy Talcott
now dwells, and from thence a straight line to the road at
Daniel Root's, and from thence on a straight line to the riding
place over Fawn Brook, being at the northeast corner of the
land of Joseph Phelps jun"", and from thence southerly as the
brook runs until it comes to the riding place passing from
Joseph Kellogg's over said brook to the Pine Hill, and from
thence a straight line to Mr. John Adams's farm to the south-
east corner by the country road, including said farm, and from
the most southerly part of said farm a west line to Midletown
east bounds, then northerly by Midletown line to the first-
mentioned corner: Resolved by this Assembly, that the me-
morialists and all such as do or shall live within the bounds
and limits above described shall be a distinct ecclesiastical
society, with powers and privileges as other ecclesiastical soci-
eties in this Colony are invested witli, and the same shall be
known and distinguished by the name of Marlborough, And
all those inhabitants within the aforesaid limits tliat are within
the bounds of Eastbury shall contribute their several propor-
tions of parish charges in said Eastbury for the space of four
years next ensuing.

Upon the memorial of Solomon Gee, of Lyme, shewing to
this Assembly that in the month of October, 1746, he pur-
chased of one William Minor, of Lyme aforesaid, a certain
tract of land lying in said Lyme, containing in quantity about
eighteen acres, for which he paid to the said William Minor,
to his full satisfaction, the sum of fifty pounds money, and that
thereupon the said William Minor made a deed under his hand
and seal to the memorialist of the said eighteen acres, in which
the said eighteen acres was particularly bounded and described,
and was dated the 22d day of October aforesaid, and delivered
unto him; that soon after, and before tlie said William Minor
had any opportunity to acknowledge the same before some au-

1747.] OP CONNECTICUT. 305

thority according to law, he was removed by death, having
made no disposition of his estate, nor order about the said
affair, nor any person capable in law to ratify and confirm the
said sale unto said Gee ; and complaining that he is in danger
of being much wronged, and of losing his just right; and
praying for relief in the premises, and that his title to said
land by virtue of said deed may be confirmed, &c.: Resolved
by this Assembly, that the aforesaid deed of the said William
Minor to the said Solomon Gee, being duly entered on the
records of the town of Lyme, shall be sufficient and efifectual
in the law for the sure holding the land contained in the same
unto the said Gee, his heirs and assigns, against all persons
whatsoever, as the said deed would or could have been if the
same had been acknowledged by tlie said Minor in his life-
time before some lawful authority according to law.

Upon the memorial of John Whiting, Esq"", Treasurer of
the Colony, praying of certain lands by Zebulon Mygat of
Hartford mortgaged to the Governor and Company and by him
in the name of said Governor and Company recovered, some
part tliereof be sold for the sum borrowed and interest &c.,
and that the residue thereof be made over to one John Gur-
ney of said Hartford, to whom the said Mygat had before said
[416] recovery sold and agreed to convey the same: || Re-
solved by this Assembly, that some part of said recovered
lands be sold to the highest bidder, and the money therefor
paid be by said Treasurer received and kept in his hand for
tlie use of the government, to the whole amount of the sum
loaned to said Mygatt and interest and cost; and that Nathaniel
Stanly and Joseph Buckingbam, of said Hartford, Esq^s, be a
committee with full power and authority, in the name of the
said Governor and Company, to execute a good and effectual
deed of release and quit-claim of tbe other parcel thereof, viz:
of the part sold as aforesaid, unto the said John Gurney, the
said bond by said Mygat and Sarah Waters being delivered up
to the memorialist to be cancelled.

Upon the memorial of Elijah Clapp and Thomas Clapp, both
of Hartford, representing that Thomas Clapp, their fatlier, late
of Hartford, deceased, by his deeds well executed had mort-
gaged to the Governor and Company of this Colony two pieces
of land in said Hartford, being parcels of his home-lot, and
praying for liberty to redeem said lands to themselves, as per
their memorial on file appears : Resolved by this Assembly,
that on condition the said memorialists, within two months
from the rising of this Assembly, shall pay into the publick
treasury the principal sums for which said lands were mort-
39

306 PUBLIC RECORDS [May,

gaged, with the interest to the time of payment, together with
ten pounds more, old tenour, for all other costs, the said mort-
gaged premises shall be released to the memorialists in usual
form, by the committee appointed for such purpose.

Upon the memorial of Samuel Cluckstone, Ralph Isaacs,
William Johnson and Joseph St. John, all of Norwalk, late
owners of the sloop Jane which was, when in the government's
service, cast away at Louisbourg : This Assembly grants to the
memorialists the sum of one hundred and three pounds fifteen
shillings old tenour, in full of what is due to them for the hire
of said sloop beyond what they have received, and order the
Treasurer to pay the same accordingly.

Upon the memorial of Nathaniel Worster and Daniel Tuck-
er, both of Derby, now confined in goal in the county of New
Haven by order of the superior court held in New Haven on
the fourth Tuesday of April last, before which court they were
convicted of being aiding in counterfeiting bills of publick
credit ; praying for a release from said confinement, &c. :
Resolved by this Assembly, that each of the memorialists may
have liberty to go out of said goal into the town of Derby, and
there remain within the limits of said town during the pleas-
ure of this Assembly : provided they each of them procure a
good surety to be bound in a bond of five hundred pounds to
the Treasurer of the Colony for the memorialists' good be-
haviour while out of goal and their return to goal again when
thereto they shall be remanded by this Court ; and the sheriff
of said county, on their procuring said bonds, may let the me-
morialists out of goal.

Upon the memorial of Joseph Wuyock and the rest of the
Pequod Indians living in Groton in the county of New London,
by their overseers John Richards and Daniel Coit, Est[f% of
New London, shewing to this Assembly that there is a con-
siderable tract of land lying in said Groton, known by the
name of Massantuxet, reserved for the use of the memorialists
for their planting ground, and that this Assembly, in the year
1732, did grant liberty to the proprietors of Groton to lay out
one half of the reserved lands into fifty acre lots, with liberty
to fence the same, during the pleasure of this Assembly, re-
serving to the Indians liberty to get firewood and plant on
said land ; and that of late the inhabitants of Groton have
fenced in the greatest part of said reserved land, and have
cut up and destroyed the Indians' corn there planted, so that
the Indians are prevented from using said land, contrary to
the acts of this Assembly ; and thereupon praying that a com-
mittee may be appointed to enquire into the complaints of the

1747.] OP CONNECTICUT. 307

memorialists, &c. : Resolved by this i^ssembly, that Jonathan
Trumble and John Bulkley, Esq'"% be a committee, and they
are liereby appointed a committee, to enquire into the matters
referred to in the memorial and endeavour a settlement there-
of, and to make report of what they shall find and do therein,
with their opinion thereon, to this Assembly in October next.

Upon the memorial of the parish of Kensington, and on the
memorial of James Patterson and others in the west part of
the parish of Newington, and on the memorial of Thomas
Stanly and others living on the southeast part of Farmingtown
old society, and on the memorial of Stephen Lee and others
living partly in Farmingtown old society and partly in Ken-
[•417] sington || society, praying to this Assembly for relief in
respect of their parish affairs, in manner and form as set forth
in said memoi'ials : Resolved by this Assembly, that William
Pitkin, Esqr, Colo. Benjamin Hall and Major Elihu Chauncey,
be a committee to repair to said parishes and places of said
memorialists' residence, and to notify all parties concerned,
to hear them thereon and view their circumstances, and to
report their opinion thereon to this Assembly, if it may be, or
to the next Assembly.

Upon the memorial of Hezekiah Huntington, Esq^ praying
this Assembly that some methods may be used by this gov-
ernment for the redemption of his son, .who is now with many
others of our people in captivity at Canada : * Resolved by
this Assembly, that his Honour the Governor be desired, and
he is hereby desired, to get the best information whether any
cartel is or can be settled with the Governor of Canada for the
exchange of prisoners by sending a flag of truce up the river
St. Lawrence to Quebeck ; and in case the above method
should be found impracticable, that then his Honour should
enquire, whether any cartel is or can be settled to effect the
purpose aforesaid by land. And that his Honour the Gov-
ernor may be enabled to prosecute the design aforesaid, either
by land or water as he may be advised of an opportunity, so
much money may be drawn out of the publick treasury as his
Honour the Governor, with the advice of the Council, shall
judge to be necessary.

Upon the petition of the inhabitants of Newtown, shewing
that the reason that said inhabitants did not send in their list
to this Assembly in October last was, for that their listers
were disenabled by sickness, and that the said Assembly had

*The young man was graduated at Yale College in 1744. He was taken cap-
tive by a Erench man-of-war, June 28th, 1746, and died in captivity. May 15th,
1747.

308 PUBLIC RECORDS [May,

doomed the said town at a certain sum upon which their taxes
were to be levyed, as appeared by the records of said Assem-
bly : It is now resolved by this Assembly, that the sura of
eleven hundred eighty-three pounds eighteen shillings and five
pence shall be abated out of the said sum mentioned in said
record, and that the taxes granted in October last shall be
levyed upon said town of Newtown exclusive of the said eleven
hundred eighty-three pounds eighteen shillings and five
pence.

Upon the memorial of Margaret Douglass and William
Douglass, of New London, executors of the last will and tes-
tament of Richard Douglass, late of New London, deceased,
complaining of great loss sustained in consequence of a pur-
chase made by the said Richard Douglass, with Mr. John
Richards, of some lands formerly Wait Winthrop's, and giv-
ing bond to the town of New London on account of such pur-
chase ; and praying for help and relief under their difficulties
occasioned thereby : Resolved by this Assembly, that the
memorialists have granted, and this Assembly do hereby grant
to them, three hundred pounds old tenour bills of credit to be
paid out of the publick treasury, and the Treasurer is hereby
ordered to pay the same accordingly.

On the memorial of the proprietors of Sharon: Voted, that
Colo. William Preston and Mr, Samuel Canfield be a com-
mittee, at the cost and charge of the memorialists, to repair
to Sharon and enquire into the circumstances of the Indians
there, and see what land may be necessary for them to live
upon, and describe the same, as also what they shall think
reasonable to be laid out to said proprietors in the ungranted
lands of this Colony as an equivalent for the lands they judge
should be sequestered for the use of said Indians in said town,
and in what place. And Capt. John Williams, of Sharon, is
impowered, in the name of tliis Colony, to conmience a suit
against Benjamin Johns, to eject the said Johns off the land
mentioned in said memorial: provided the same be done at
the cost of said proprietors.

Upon the memorial of Benjamin Collins, jun"", of Lebanon,
shewing that he had burnt with the house of his father, in
September last, the sum of thirteen pounds nine shillings and
six pence in old tenour bills of credit of this Colony, praying
to this Assembly for relief: Thereupon it is ordered by this
Assembly, that the Treasurer of this Colony pay out of the
treasury the sura of thirteen pounds nine shillings and six
pence old tenour bills for his loss aforesaid.

Upon the memorial of Justus Classon, administrator on

1747.] OP CONNECTICUT. 309

the estate o"f Stephen Clason late of Stanford, deceased, shew-
ing to this Assembly that the debts due from the estate of
the said deceased surmount the personal estate the sum of
£106 lis. od, money of the old currency, and praying to this
Assembly for liberty to sell so much of the real estate of the
said deceased as shall answer the sum of XlOt) lis. od. with
the necessary charges arising thereon : Resolved by this As-
sembly, that the memorialist have liberty to sell so much of
the real estate of the said deceased as shall amount to the sum
of X106 lis. od. money ; and the said memorialist is hereby
substituted and impowered to sell so much of the real estate
of the said deceased as shall make the sum of £106 lis. od.
money of the old currency with the necessary charges arising
thereon, taking the direction of the court of probate in the
district of Stanford therein.

[418] Upon the memorial of Lemuel Abbott, Stephen
Northrop and others, inhabitants of Ridgefield living on tliat
tract of land commonly known by the name of Ridgefield New
Patent, praying for liberty to hire preaching among them-
selves in the most difficult seasons in the year, &c. : Be it
enacted by the Governor, Council and Representatives, in
General Court assembled, and by the authority of the same,
that the memorialists and such others as now do or hereafter
shall come to live on said tract of land known by the name of
the New Patent, as aforesaid, (excepting only three families
who belong to and are annexed to the town of Danbury,) shall
have liberty, and they hereby have liberty granted to them,
from time to time to procure and hire some suitable orthodox
preacher of the gospel to preach to them for five months in
each year annually; and that the memorialists, and others
aforesaid, shall be released, and they are hereby released and
dischai'ged, from paying anything towards the support of the
gospel's being preached at the town of Ridgfield lor the time
that they so hire preaching among themselves.

Upon the memorial of Nathaniel Woodward, of Coventry,
praying exemption of his poll from paying taxes, for reasons
in his memorial set forth: Resolved by this Assembly, tliat
the said Nathaniel Woodward be, and he is hereby, freed and
exempted from paying rates or taxes on his poll for the
future.

Upon the memorial of Joseph Wright, of Colchester, and
John Patterson, of Farmingtown, representing that they with
others were bound to the Governor and Company of this
Colony for the interest of the money loaned to the members
of the late New Loudon Society, and that judgments had been

310 PUBLIC RECORDS [May,

since obtained for the whole suras in said bonds contained,
which really contained a great deal more than was justly due
for said interest, for that a considerable part of the said prin-
cipal moneys had been paid long before the sueing out of said
bonds, which was never allowed or deducted out of said bonds,
and for that also that said judgments did include interest upon
interest ; and praying for a committee to enquire into the prem-
ises, &c. : Resolved by this Assembly, that Nathaniel
Stanly, Esq^, and William Pitkin, Esq^", be a committee, at the
cost of the memorialists, to enquire into the matters in said
memorial referred to, and make their report to this Assembly
in October next.

On the memorial of Edward Collins, of Merridan in New
Haven county, praying this Assembly to order a deed of
release of land lying in said Merridan, for the reasons in said
memorial assigned, which land was mortgaged to this Colony,
&c. : Resolved by this Assembly, that in case tlie said Edward
Collins, within two months next after the rising of this As-
sembly, satisfy the cost arisen on the suit, &c., and procure a
bond with sufficient surety for the payment of the principal
sum contained in said mortgage and interest thereon, (together
with five pounds old tenour more for other costs and charges,)
to the acceptance of Nathaniel Stanly and George Wyllys,
Esqrs, that then said Stanly and Wyllys shall execute a deed
of release of the said mortgaged premises accordingly.

Upon the memorial of Clement Minor, of Stoningtown in
the county of New London, shewing to this Assemljly that,
together with his dwelling-house, warehouse and shop, he had
sundry bills and notes of hand consumed by fire in the even-
ing next after the 16th day of April last, and praying that
some proper persons might be appointed to take cognizance
of the matters of said notes and bills, and act so as to secure
the memorialist in his just dues which belonged to him there-
by, as by the memorial on file appears: This Assembly do
appoint and impower Jonathan Trumble of Lebanon, Esqr,
Jeremiah Miller of New London, Esq"", and John Ledyard of
Groton, Esqs to take cognizance of all matters respecting
notes or bills that belonged to said Clement Minor and were
consumed in his house, shop or warehouse, as aforesaid, and
enquire of the parties upon oath, and other witnesses and evi-
dences as they shall think proper, as a court of chancery
might do, and award and judge for the said Minor what shall
appear to be his due upon the account of any note or bill con-
sumed as aforesaid, and also towards either party, and costs
of prosecution as by law is allowed of in other common process

1747.] OF CONNECTICUT. 311

as in the county court, and grant out execution on their said
judgments, directing the same to proper officer or officers to
levy and serve, as any other executive courts in this Colony
bylaw may do; and that said executions, signed by any one of
the said commissioners, shall be authentick for the purpose
[41y] aforesaid. || And the said commissionej's are hereby au-
thorized and impowered to call any person before them in the
business and matters aforesaid, by summons or attachment
as any the county or superior courts in this Colony by law
may do, and to command and retain any slieriff, deputy sheriff
or constable, to attend and execute as the said county or su-
perior courts may or can order and command; and all sheriffs,
deputy sheriffs and constables, are to yield their obedience
accordingly. And in case said committee shall find that the
moneys or other things engaged to be paid the said Minor by
any such note or bill was not to be paid until some time after
the enquiry shall be made by them, that then the said com-
missioners shall immediately make up judgment for the sum
engaged by said note or bill, and shall order that execution be
stayed till the time set in said note or bill for payment, and
then grant and make out execution thereon; and for said
commissioners this shall be their warrant.

Upon the memorial of Clement Minor, of Stoningtown in
the county of New London, setting forth that he had burnt in
his house and shop in the evening next after the liJth day of
April last past as many bills of publick credit of this Colony
as amounted to the sum of three hundred and twenty pounds
ten shillings old tenour; praying for relief, as by his memo-
rial on file: This Assembly grants unto the said Clement Minor
the sum of three hundred and twenty pounds ten shillings old
tenour, to be paid him out of the treasury of the Colony, and
the Treasurer is hereby ordered to deliver the same accord-
ingly.

On the memorial of Thomas Curtiss, Thomas Marshall,
Ebenezer Lyman, selectmen of the town of Torrington: Re-
solved, that this memorial be continued to the sessions of this
Court at New Haven in October next, and that Thomas
Stoughton, John Cook, Joel Thrall and Aaron Loomiss, all of
said town, be summoned by the memorialists to appear at
said Assembly to answer to said memorial, and that until
that time the said Cook, Thrall and Loomiss, as a committee,
or any other persons of the said town, be 'ordered to desist
any other proceedings about said meeting-house by any power
pretended to be given by a vote of said town in town-meeting,
May 19th, 1747 ; and that further proceedings by said town

312 PUBLIC RECORDS [May,

about said meeting-house be stayed till said Assembly in
October next; and that a copy of this resolve be by the me-
morialist left with the town clerk of said town, to give notice to
the inhabitants of said town of the doings of this Assembly
thereon.

Upon the memorial of Timothy Clark and others, and upon
the memorial of Caleb Hide and others, all living in the north-
ern and north-westerly parts of the first society of Lebanon, and
iipon the soutiieasterly parts of the second society in Lebanon
and the northwesterly parts of the 3d society there, praying for
a society to be made out of the first, second and third societies
of Lebanon, as set forth in their memorials: Resolved by tiiis
Assembly, that Roger Wolcottjun'", John Ledyard and Elisha
Shelden, Esq^s, be a committee to repair to the first society in
Lebanon, to notice all parties concerned and hear tliem
thereon, and to consider whether it be proper to make a soci-
ety out of all or any of the parishes aforesaid ; and if they
find convenient to make them a parish, to fix them a line;
and to report their opinion upon the whole to the Assembly
in October next, at the cost of all the memorialists.

On the memorial of Jacol) Hotchkiss, of New Haven, shew-
ing a mortgage deed by him given to the Governor and
Company of this Colony for twenty-three acres of land had
been sued, praying the same to be released, for the reasons
therein assigned: Resolved by this Assembly, that on condi-
tion the said Jacob Hotchkiss shall, within two months after
the rising of this Assembly, satisfy the cost already arisen on
the suit, &c., and pay the principal sum, and int^erest to the
time of payment, together with five pounds more old tenour
for all other costs, the committee heretofore appointed to give
releases of lands mortgaged to the Governor and Company are
impowered to execute to the memorialist, in the name of the
Governor and Company, a deed of release of the mortgaged
premises.

Upon the memorial of Daniel Dunham and Mary Dunham,
administrators on the estate of Jonathan Dunham, late of
Sharon, deceased, representing that the debts due from the es-
tate of said deceased amount to the sum of X 1546 14s. 6d. more
than the personal estate of the said deceased will pay, and pray-
ing for liberty to sell so much of the real estate of the said de-
ceased Jonathan Dunham as Avill procure the aforesaid sum
<fec. : Resolved by' this Assembly, that the memorialists have
lil)erty, and they are hereby impowered, to sell so much of the
real estate of the said deceased Jonathan Dunham as will pro-
cure the aforesaid sum of £1546 14s. Qd. old tenour, with

1717.] OP CONNECTICUT. 313

the incident charges of sale, taking the advice of the court of
probate in the district of Litchfieki therein.

Upon the memorial of James Beach, of Stratford in the
county of Fairfield, overseer and conservator of the estate of
Margaret Curtiss, of Stratford, an impotent person, shewing
[420] to this Assembly || that the expences for the said
Margaret hath been more than her personal estate, that she is
still needy, and that her lands are of considerable value,
which she is not of capable mind to bargain away and convey ;
praying this Assembly to authorize some proper person or
persons to make conveyance of some of the said Margaret's
lands for her maintenance : This Assembly doth enact, grant
and order, that so much of the said Margaret's land as shall
be sufficient to raise the sum of one hundred pounds old
tenour be sold for the payment of the said Margaret's present
debts and comfortable support for the future, and that the
said James Bench and Robert Walker, also of said Stratford,
are hereby authorized and impowered to make and execute
deed or deeds of such land to the purchaser.

Upon the memorial of John Woodworth, representing to
this Assembly that in the service of this Colony, in the late
expedition against Cape Breton, he lost one of his eyes, and
is thereby in a great degree obliged to lose his time :
Resolved by this Assembly, that the Treasurer pay out of the
publick treasury of the Colony to the said Woodworth the
sum of thirty pounds old tenour.

Upon the memorial of Amos Calkins, representing to this
Assembly his distressed and piteous condition, by reason of a
fall in or by the fire, whereby he has lost the sight of one eye and
is rendered uncapable of labour by reason of his sore conditionj
and praying that his rateable estate may be freed from the
general list: Resolved by this Assembly, that the rateable
estate of the memorialist shall be exempt from being taxed
for the future.

Upon the memorial of Richard Hendey, Robert Griffen,
Isaac Stow and Jasper Gritfon, all of Guilford in the county
of New Haven, praying that they may be annexed to and
made members of the fourth society in said town, and be ex-
empted from paying taxes in the first society in said town :
Resolved, that the memorialists be, and they are hereby,
annexed to said fourth society in said Guilford, and are here-
by also freed from paying taxes to the first society in said
Guilford accordingly.

Upon the memorial of the proprietors of the township of

314 PUBLIC RECORDS [May,

Sharon, by their agent Mr. John Williams, praying for a
patent of said township : Resolved by this Assembly, that
his Honour the Governor and the Secretary of this Colony be
impowered, desired and directed, and they are hereby im-
powered, desired and directed, to execute the patent of said
township by said proprietors now presented to this Assembly,
as prayed for.

Upon the memorial of Joseph White, agent for the third
society in Midletown, praying for a committee to ascertain the
place for building a meeting-house in said society : Resolved
by this Assembly, that Colo. Joseph Pitkin, Abraham Kilbourn
and Capt. Jonathan Hills, be a committee for that purpose,
and to repair to said society, first notifying all parties con-
cerned, and to view their circumstances, and to affix and
ascertain a place for the building a meeting-house in said
society, and make their report to this Assembly at their
present sessions.

Upon the memorial of John Porter, Jacob Seargant and
Abigail Porter, all of Mansfield, administrators on the estate
of the late Experience Porter of said Mansfield, deceased,
praying liberty to sell so much of the land of said deceased as
may be sufficient to discharge the sum of £215 10s. 2d. old
tenour, debts due from said estate more than the inventoried
moveable estate, with the incident charges thereon : Resolved
by this Assembly, that the said John Porter, Jacob Sergeant
and Abigail Porter, have liberty to sell so much of the land
of saiS deceased Experience Porter as may make the said sum
of £215 10s. 2d. old tenour, with the incident charges there-
of, taking the direction of the probate court in the district of
Windham therein.

Upon the memorial of Daniel Elsworth, agent for the parish
of Ellington in the township of Windsor, representing the
burthens lying upon said parish by the diminution of their
inhabitants, and the resignation of their minister in his pasto-
ral office, and their inability to settle another minister in said
parish, and praying for a tax on all the unimproved lands
within said parish : Resolved by this Assembly, that a tax or
rate of four pence per acre be assessed on all the unimproved
lands within the bounds and limits of said parish of Ellington,
to be levyed annually for the space of four years next after
the rising of this Assembly, and to be collected by the col-
lector of the said parish for the time being, and by him to be
delivered into the hands of the committee of said parish, to
be improved towards the settling and support of a gospel
minister among them.

1747.] • OP CONNECTICUT. 315

[421] Upon the memorial of the first society in Fairfield,
praying this Assembly to fix and establish a place in said so-
ciety to build a meeting-house upon, as per their memorial on
file : Resolved by this Assembly, that the place where the old
meeting-house now stands in said society be and is hereby
fixed and established to be the place to build a new meeting-
house upon in said society for divine worship.

On the memorial of James Nickols, of Waterbury, shew-
ing that by a judgment of the county court held in New Haven
in April, 1746, rendered in favour of the Governor and Com-
pany of this Colony on a mortgage deed, execution had been
levyed on about twenty-five acres of land ; praying said land
may be released on the memorialist's paying the principal
sum and interest growing thereon, together with cost :
Resolved by this Assembly, that in case said James Nickols
shall pay into the treasury the principal sum borrowed, with-
in sixty days next coming, and the interest growing to that
time, and all costs arising thereon, the said Nickols shall have
a deed of release of the mortgaged premises under the seal of
the corporation executed in due form of law therefor accord-
ingly.

Upon the memorial of Timothy Pierce, Esq^, representing
to this Assembly that the debts and charges due from the
estate of Timothy Pierce jun. of Plainfield, deceased, sur-
mounts the moveable estate of said deceased the sum of .£239
15s. 5cZ., praying to this Assembly for power and liberty to
sell so much of the real estate of said deceased as to pay the
same : Resolved by this Assembly, that said Timothy Pierce,
Esq"", be and hereby is impowered to sell so much of the real
estate of said Timothy Pierce jun^, as shall be sufficient to
pay the said sum of X239 15s. 5d. and the necessary charges
arising thereon ; and that the said Timothy Pierce, Esq"", give
due notification of the time and place of the sale of said real
estate, and sell the same at a publick vendue, to the highest
bidder.

Upon the memorial of the President and Fellows of Yale
College : Ordered, that the sum of eighty-five pounds fourteen
shillings and three pence in bills of the new tenour be allowed
and paid out of the Colony treasury to the said president and
fellows, for the last half year, in lieu of what was granted
them by this Assembly in May, 1745.

Upon the memorial of Benjamin Wheat, administrator on
the estate of Richard Tozer, deceased, shewing to this Assem-
bly that said Tozer served as doctor under Doctor Morison at
Cape Breton for some consideral^le time, and praying for some

316 PUBLIC RECORDS [May,

satisfaction for his services, as set forth in said memorial :
Whereupon it is resolved' by this Assembly, that the said
Benjamin Wheat, as administrator, receive out of the publick
treasury of this Colony the sum of thirty pounds per month
for the term of four months and fifteen days, (including the
■wages the said Tozer, or any in his behalf, hath received as
souldier and clerk,) for his service as doctor at Cape Breton,
and in full satisfaction therefor ; and the Treasurer of this
Colony is hereby directed to pay the same.

Upon the memorial of Hannah Thompson, of New Haven,
administratrix on the estate of Joseph Thompson late of New
Haven, deceased, shewing to this Assembly that the debts
due from the estate of the deceased surmount the moveable
estate of the deceased the sum of <£700 Os. Od., praying the
said Assembly to appoint some suitable person to sell so much
of the real estate of said deceased as to make said sum with
the charges thereon arising : Resolved by this Assembly, that
the said administratrix be impowered, and she is hereby im-
powered, to sell so much of the real estate of the said
deceased, (taking the advice of the court of probate in the
district of New Haven,) as to make said sum with the charges
thereon arising.

Upon the memorial of Ephraim Bate, administrator on the
estate of Robert Bate late of Saybrook, deceased, shewing to
this Assembly that the debts due from said estate surmount
the moveable estate the sum of X82 5s. 6d., and praying for
liberty to sell so much of the lands of the said deceased as
will amount to the said sum of X82 5s. Qd.: Resolved by
this Assembly, that said administrator have liberty to sell so
much of the lands of the said deceased as will amount to the
said sum of <£82 5s. 6d. together with the necessary charges
arising on the sale thereof, taking the advice of the court of
probate in the district of Guilford.

An Act advancing the Fare of the Ferry over New Haven East River.
It is resolved by this Assembli/ /Vhai the fare of said ferry
for the future shall be, for man, horse and load, nine pence ;
each single horse, seven pence ; each foot man, six pence, all
oldtenour: always provided this act extend not to interrupt
any agreement between the town of New Haven and the
ferry-man of said ferry.

Cost allowed to John Stoyel and the proprietors of Volun-

town against Zachariah Frink, to answer the petition of said

Frink preferred to this Assembly and withdrawn, is <£5 16s. Sd.

[422] Upon the memorial of Caleb Andruss, administrator

on the estate of Gideon Andruss late of New Baven, deceased,

1747.] OF CONNECTICUT. 317

shewing this Assembly that the debts due from the estate
of the said deceased surmount the moveable estate of the
deceased the sum of .£25 16s. Id., and praying for Hberty to
sell lands for tlie discharge of the same, &c.: Resolved by
this Assembly, tliat the said administrator sell so much of
the real estate of tlie said deceased, taking the advice of the
court of probate in New Haven, as to enable him to pay the
aforesaid debts with the necessary charges arising thereon.

Upon the memorial of the proprietors of Kent, by their
agent Mr. Timothy Hatch, praying for a patent of the said
township : Resolved by this Asseml)ly, that his Honour the
Governor and the Secretary of this Colony be impowered,
desired and directed, to execute a patent of said township
now presented to this Assembly, as prayed for.

This Assembly grants to the Honourable Jonathan Law,
Esqr, Governor, the sum of one hundred and thirty pounds
new tenour, for the first half year's salary for the current
year.

This Assembly grants to the Hon^'e Roger Wolcott, Esq"",
Deputy Governor, the sum of sixty-five pounds new tenour,
for the first- half year's salary for the year ensuing.

This Assembly grants Elialvim Palmer, Esq"", our Agent at
Great Britain, the sum of three hundred pounds in old tenour
bills of publick credit, for his salary for the current year.

This Assembly grants to John Whiting, Esq', Ti-easurer of
this Colony, the sum of thirty pounds new tenour bills of
credit, for his first half year's salary for tiie current year.

This Assembly grants to George Wyllys, Esq"", Secretary of
the Colony, the sum of eight pounds new tenour bills of credit,
for his salary the current year.

Resolved by this Assembly, That all such petitions, memori-
als, reports of committees, remonstrances, as by continuance
or otherwise are found entered in the rolls of the business of
this Assembly, be, and the same hereby are, continued to the
sessions of this Assembly to be holden at New Haven in
October next.

Whereas this Assembly is drawn out to such a length that
all the members cannot conveniently attend to hear the records
read: This Assembly appoints Nathaniel Stanly, William
Pitkin, John Chester, Esq'"% Colo. Thomas Welles, Mr. Joseph
Buckingham and Mr. Joseph Talcott, a committee to attend
his Honour the Deputy Governor, at the Court House in Hart-
ford, to hear the records of the doings of this Assembly read
off, and then see them signed by the Secretary as perfect and
compleat.

318 PUBLIC RECORDS [October,

The several Acts, Grants and Orders of this Assembly, as
they stand entered on the pages of this book next preceding,
were read off in the presence of his Honour the Deputy Gov-
ernor and the major part of the committee above named, and
signed as compleat.

George Wyllys, Secret'y.

[423] Anno Regni Regis Georgii secundivigessimo-primo.

At a General Assembly holden at New Haven in his
Majesties English Colony op Connecticut in New Eng-
land IN America, on the second Thursday op October,

(being the 8th DAY OP SAID MONTH,) AND CONTINUED BY

SEVERAL ADJOURNMENTS UNTIL THE 29th DAY OP THE SAME

MONTH, ANNOQUE DOMINI 1747.

Present :

The Honourable Jonathan Law, Esquire, Governor.

The Hon^ie Roger Wolcott, Esq^", Deputy Governor.
James Wadsworth, Roger Newton, "^
Nathaniel Stanly, Ebenezer Silliman,
Samuel Lynde, Jonathan Trumble, ^Esq^s, Assistants.

William Pitkin, Andrew Burr,

Thomas Fitch, John Chester,

Representatives or Deputies that attended at the Assembly are

as folloiv^ (viz:)
Mr. Joseph Buckingham, Colo. Joseph Pitkin, for Hartford.
Mr. Jeremiah Miller, Colo. Gurdon Saltonstall, for New London.
Mr. Eleazer Carey, Colo. Jabez Huntington, for Windham.
Capt. Joseph Phelps, Mr. Benjamin Skinner, for Hebron.
Mr. John Griswould, Mr. Richard Lord, for Lyme.
Capt. Thomas Tousey, Mr. John Northrup, for Newtown.
Capt. John Benedict, Mr. Daniel Benedict, for Danbury.
Mr. Joseph Denison, Mr. Jonas Prentiss, for Stoningtown.
Capt. Moses Fish, Mr. Luke Perkins, for Groton.
Capt. Moses Hawkins, Mr. Abel Gun, for Derby.
Capt. James Case, Mr. Andrew Robey, for Symsbury.
Capt. Charles Bulkley, Mr. John Day, for Colchester.
Colo. Elisha Williams, Colo. EUzur Goodrich, for Weathersfield.
Mr. Samuel Fitch, Mr. Ehiathan Hanford, for Norwalk.
Capt. Jonathan Lane, Capt. Isaac Kelsey, for Killingsworth.
Capt. Isaac Dickerman, Capt. Samuel Sherman, for New Haven.
Capt. John Read, Mr. David Rowland, for Fairfield.
Colo. Hez'i Huntington, Mr. Ebenezer Backus, for Norwich .
Colo. Benja. Hall, Mr. Gideon Ives, for Wallingford.

1747.] OP CONNECTICUT. 319

Mr. Thomas Hart, Mr. Timothy Porter, for Farmingtown.
Capt. John Fowler, Mr. Robert Treat, for Milford.
Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury.
Mr. Caleb Martin, Mr. Benja. Heacox, for Woodberry.
Colo. Slmbael Conant, Mr. William Johnson, for Mansfield.
Mr. Solomon Tracy, Capt. Gideon Cobb, for Canterbury.
Mr. Sam'. Morgan, Capt. Ebenezer Leonard, for Preston.
Mr. John Tulley, Mr. John Murdock, for Saybrook.
Capt. Nath'. Harrison, Mr. Jonath. Russell, for Branford.
Mr. Sami. Canfield, Mr. Paul Welch, for New Milford.
Mr. Ebenezer Holbrook, Mr. Sam'. Sumner, for Pomfrett.
[421] Major Jabez Hamlin, Mr. Return Meiggs,for Midletown.
Capt. Nathan Camp, Capt. Abram Bartlctt, for Durham.
Major Hez'i. Sabin, Mr. Boaz Stearns, for Killingly.
Capt. Joseph Sandford, Capt. Thos. Harrison, for Litchfield.
Colo. Samuel Hill, Capt. Thomas Hotclikiss, for Guilford.
Mr. James Cone, for East Haddam.
Mr. Ebenezer West, Major Joseph Fowler, for Lebanon,
Capt. Robert Dixson, Capt. Thos. Kesson, for Voluntown.
Capt. Nath' Weed, Mr. Abram Davenport, for Stanford.
Capt. Pelatiah Allyn, Capt. John Elsworth, for Windsor.
Mr. James Benedict, Mr. Samuel Olmstead, for Ridgefield.
Capt. Israel Knapp, Mr. Ebenezer Mead, for Greenwich.
Mr. John Creerey, Mr. Benja. Wheeler, for Plainfield.
Mr. Phinehas Strong, Mr. Silas Long, for Coventry.
Capt. Nath'. Sutlief, for Haddam.

Capt. Theoph. Nickols, Capt. Robert Fairchild, for Stratford.
Capt. Timothy Hopkins, Mr. James Baldwin, for Waterbury.

Colo. Thomas Welles, Speaker, ^ of the House of Mepresenta-

Capt. John Fowler, Clerk. \ tives.

Several members of the Assembly who had not taken the
oaths provided by act of Parliament, instead of the oaths of
allegiance and supremacy, now took the said oaths, and like-
wise the oath of abjuration, and made the declaration against
popery.

This Assembly do establish and confirm Mr. Timothy Hin-
man to be Lieutenant of the south company or trainband in
the town of Woodberry, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Jonathan Bur-
ley to be Lieutenant of the Troop of Horse in the 3d regiment
in this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Philip Turner
to be Cornet of the Troop of Horse in the 3d regiment in this
Colony, and order that he be commissioned accordingly.

320 PUBLIC RECORDS [October,

This Assembly do establish and confirm Mr, Abraham
Brooks to [be] Captain of the 11th company or trainband in
the 7th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Daniel Hub-
bard to be Lieutenant of the 11th company or trainband in the
7th regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Elijah Brainerd
to be Ensign of the 11th company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Dart
to be LieuteJiant of the 4th company or trainband in the town
of New London, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Simon Smith
to be Ensign of the 4th company or trainband in the town
of New London, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Henry Glover
to be Lieutenant of the first company or trainband in the town
of Newtown, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. David Cadey
to be Captain of the first company or trainband in the town
of Killingly, and order that he be commissioned accordingly.

[425] This Assembly do establish and confirm Mr. Jona-
than Camp to be Lieutenant of the Troop of Horse in the
9tli regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Deliverance
Cleaveland to be Ensign of the second company or trainband
in the town of Canterbury, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Warner
to be- Lieutenant of tlie first company or trainband in the
5tli regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Abraham Post
to be Ensign of the lOtli company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

1747.] OP CONNECTICUT. 321

This Assembly do establish and confirm Mr. Thomas Sey-
mour to be Captain of tlie company or trainband in the parish
of Canaan, and order that he be commissioned accordingly.

Tliis Assembly do establish and confirm Mr. Eliphalet
Sealey to be Lieutenant of the company or trainband in the
parish of Canaan, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Samuel Hand-
ford to be Ensign of the company or trainband in the
parish of Canaan, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Israel Bunnel
to be Captain of the company or trainband in the parish of
West Haven, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Nathaniel
Kimberly to be Lieutenant of the company or trainband in
the parish of West Haven, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Japhet Ben-
ham to be Ensign of the company or trainband in the parish
of West Haven, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Amos Spafford
to be Captain of the Troop of Horse in the 12th regiment in
this Colony, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Benjamin
Davenport to be Cornet of the Troop in the 12th regiment in
this Colony, and order that he be commissioned accordingly.

Tliis Assembly do establish and confirm Mr. Dan Throop to
be Lieutenant of the Troop of Horse in the 12th regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Phelps
to be Quarter-Master of the Troop of Horse in the 12th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Nathaniel
Durkee, to be Lieutenant of the 5th company or trainband in
the town of Woodberry, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Ephraim Ba-
ker to be Ensign of the 5th company or trainband in the

322 PUBLIC RECORDS [October,

town of Woodberry, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Elisha Stoddard
to be Captain of the 1st company or trainband in the town of
Woodberry, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. David Burn-
ham to be Lieutenant of the 1st company or trainband in
the town of Woodberry, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Mathew
Minor to be Ensign of the 1st company or trainband in the
town of Woodberry, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Samuel Hunt-
ington to be Captain of the south company or trainband in
the 1st society in Lebanon, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Fitch
to be Lieutenant of the south company or trainband in the
1st society in Lebanon, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Garret Wine-
gar to* be Captain of the south company or trainband in the
town of Sharon, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Jacob Bacon
to be Ensign of the south company or trainband in the
town of Sharon, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Thomas North
to be Captain of the north company or trainband in the town
of Sharon, and order that he be commissioned accordingly.

[426] This Assembly do establish and confirm Mr. Stephen
Calkins to be Lieutenant of the north company or trainband
in the town of Sharon, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr, E'oenezer
Sprague to be Ensign of the north company or trainband in
the town of Sharon, and order that he be commissioned ac-
cordingly.

The Gentlemen that stand hi Nomination for Election in May next, as

sent in to this Assembly by the Freemen, are as follow :

The Hon'^''= Jonatb. Law, Esq"",

The Hon'^'« Roger Wolcott, Esq"-,

1747.] OP CONNECTICUT. 323

James Wadsworth, Esq"", John Bulkley, Esq"",

Natli' Stanly, Esq^, Andrew Burr, Esq^

Timo. Pierce, Esq^, John Chester, Esq'",

Sara' Lynde, Esq"", Hez^ Huntington, Esq"", *

W'l. Pitkin, Esqr, Colo. Gurdon Saltonstall,

Thos Fitch, Esqs Mr. John Griswould,

Roger Newton, Esq"", Colo. EUsha Williams,

Ebenezer Sillinian, Esq"", Colo. Benjamin Hall,

Jonath. Trumblc,Esq'", Capt. Roger Wolcott.

This Assembly do appoint Mr. Phinehas Strong to be a
Justice of the Peace lor the county of Windham till the first
of June next.

Upon the memorial of the President and Fellows of Yale
College : Ordered, that the sum of eighty-five pounds fourteen
shillings and three pence, in bills of the new tenour, be allowed
and paid out of the Colony treasury to the said president and
fellows, for the first half of the current year, in lieu of what
was granted them by this Assembly in May, 1745.

Upon the memorial of the parish of New Cambridge, by
their agent Ebenezer Hamlin of said parish, shewing this As-
sembly that in May, 1745, there was a tax of six pence per
acre on the lands in said parish granted by said Assembly,
and Moses Lyman of said parish was appointed to collect the
same, and said Lyman having removed out of said parish, and
praying for some other person to be appointed to collect the
remainder of said tax : Resolved by this Assembly, that Jo-
siah Lewiss be appointed to collect the two last years tax of
the tax aforesaid, in room of the said Moses Lyman.

Upon the memorial of the inhabitants of the parish of North
Stratford in the town of Stratford, praying that a committee
be appointed to repair to said society and view tiieir circum-
stances and affix a place whereon said society may build a
meeting-house for divine worship : Resolved by this Assembly,
that Samuel Sherwood, Esq^ Mr. David Rowland and Mr.
Nathaniel Farrand, be a committee to view the circumstances
of said society, affix and ascertain the place on which said
society may build a house for divine worship, and make report
to the General Assembly in May next.

Upon the memorial of Elisha Andrews and Benoni House,
executors to the last will and testament of Stephen Shipman,
of Glassenbury, in the county of Hartford, deceased, shewing
to this Assembly that the debts due from the estate of the
said deceased Stephen Shipman surmount the moveable estate
of the said deceased the sum of seventy-three pounds sixteen
shillings and one penny old tenour, and praying this Assembly

324 PUBLIC RECORDS [October,

to grant liberty to the said memorialists to sell so much of

the lands of the said deceased as will pay the sum aforesaid

and the charges arising thereon : This Assembly grants liberty

Ijo the memorialists aforesaid to sell so much of the lands of

the said deceased Stephen Shipman as will pay the sum of

^73 16s. Id. old tenour, and the incident charges arising on

the sale thereof, taking the advice of the court of probate in

the district of Hartford therein.

An Act for the Stating the Toll of the Bridge over the Great River at
New Milford, called the Toll Bridge.

Be it enacted by the Governor, Council and Hejyresentatives, in
General Court assembled, and by the authority of the same,
That for the future the toll of said bridge for each team shall
be one shilling and two pence ; for each man, horse and load,
nine pence ; each single man, four pence ; and for each horse
and each neat kind that shall be led or drove, four pence per
head ; and for each sheep or swine, one penny per head ; all
old tenour.

[427] An Act for raising the Fare of the Ferry at New London called
New^ London Ferry.

Be it enacted by the Governor, Council and Representatives^
in General Court assembled, and by the authority of the same,
That for the future the fare of said ferry shall be, for man,
horse and load, eighteen pence ; for each single person, eight
pence ; for each led horse, twelve pence ; for each ox, two
shillings ; and for all other neat cattle, eighteen pence per
head ; and for all sheep, hogs, or goats, two pence per head,
and no more ; all to be paid in old tenour bills.

Upon the memorial of Ebenezer Lines of New Haven, shew-
ing the difficulty he labours under on the account of having
one of his arms broken, and praying for exemption of his
head out of the list, &c. : Resolved by this Assembly, that
the said Lines for the future have his head freed from being
taxed in the publick list in this Colony accordingly.

Upon the memorial of Judith Yale, administratrix on the
estate of Elihu Yale of Wallingford, deceased, shewing this
Assembly that the debts due from tlie estate of the said
deceased surmounts the moveable estate of said deceased the
sum of X69 17&'. M., and praying liberty to sell so much of
the lands of the said deceased as to enable said administra-
trix to pay said sum with the charges arising thereon, &c. :
Resolved by this Assembly, that the said administratrix have
liberty to sell so much of the lands of the said deceased,
talcing the advice of the court of probate in New Haven,
as to enable said administratrix to pay the said sum of
.£69 17^. 4:d. with the necessary charges arising thereon.

1747.] OP CONNECTICUT. 325

Upon the memorial of Elizabeth Perkins, administratrix
on the estate of Daniel Perkins late of New Haven, deceased,
shewing to this Assembly that the debts, charges, &c., due
from said estate surmount the moveable estate the sum of
<£71 5s. "Id., praying that she may be allowed and impowered
to sell so much of the real estate of said deceased as to pay
said sum and the charges arising thereon : Resolved by this
Assembly, that, with the advice and direction of the court of
probate in the district of New Haven, the said administratrix
may and shall sell so much of the real estate of the said
deceased as to pay said sum and the charges arising thereon,
and give a deed of conveyance accordingly.

Upon the memorial of Daniel Latham, John Whitney, Jeda-
diah Chester and Lancaster Gorton, preferred to this Assem-
bly in May last, shewing to this Assembly that they had
served this Colony on board tbe country sloop tlie year past,
and had wages due to them, which Capt. Michael Burnliam,
captain of said sloop, had received, and for some reasons
were witheld from them ; thereupon praying this Assembly
that they would order the said Capt. Burnham to pay them
their respective wages, &c. ; whereupon the Assembly did, in
their sessions in May last, determine that the prayer of the
said memorialists be granted as prayed for, and that a bill of
form should be brought in accordingly : yet no bill in form
being brought in to the Assembly at their sessions aforesaid :
Whereupon it is now resolved by this Assembly, that the said
Capt. Michael Burnham do forthwith pay to the memorialists
abovenamed all the wages due to each of them respectively
for their service on board the said country sloop.

On the memorial of the President and Fellows of Yale
College in New Haven, praying this Assembly to give proper
orders and directions for the disposal and improvement of the
money to be raised in pursuance of an act of this Assembly
made in May last for the building a new house for the enter-
tainment of the students of said college : Resolved by this
Assembly, that Capt. John Hubbard, Mr. Samuel Mix and
Mr. Chauncey Whittelsey, be and are hereby directed to de-
liver unto the said president and fellows, or their order, all
such money as shall be raised in pursuance of the act afore-
said, to be by them improved at their discretion for the build-
ing the house aforesaid.

This Assembly do establish and confirm Mr. Moses Atwater
to be Ensign of the 1st company or trainband in the parish
of New Cheshire, and order that he be commissioned accord-
ingly.

326 PUBLIC RECORDS [October,

On the petition of Joseph Hurlburt, of New London, vs.
Gurdon Saltonstall, Esqi", <fec., of New London, on file: The
question was put, wliether anything should be granted there-
on: Resolved by this Assembly in the negative. Cost allow-
ed respondents <£10 4s. Sd. old tenour. JEx. granted Oct. 22d,
1747.

An Act in Addition to the La'w entituled An Act for enlarging
Goalers' Pees.

Be it enacted hy the G-overnoi% Council and Representatives., in
General Court assembled, and hy the authority of the same,
That for the future each goaler in the respective counties
within this Colony shall be allowed four shillings new tenour
per week for dieting each prisoner ; any law, usage or custom
to the contrary notwithstanding.

[428] This Assembly do order and direct Colo. John
Whiting, Treasurer of this Colony, to attend the Assembly
on Monday the 26th day of October instant, and bring with
him a sufficiency of bills of credit in his hands to defray the
charges of this Assembly.

Upon the representation and complaint of Benjamin Skin-
ner, Joseph Pbel|)S and John Gillett, agents for the first
society in Hebron, shewing that in the nigbt season next
after the 15th day of October instant, was set on fire and
burnt down to ashes the meeting-house for publick worship in
said society, which they was then about to enlarge, and pray-
ing that the same place be affixed and ascertained for the
building of another meeting-house in said society : Resolved
by this Assembly, tiiat the aforesaid place where said former
meeting-house stood be affixed, and the same is hereby affixed
and ascertained, to be the place for the building of a meeting-
house for publick worship within and for said first society in
said Hebron.

Upon the petition of Thomas Hill, of Fairfield in the county
of Fairfield, vs. Robert Turney and Timothy Wheeler, of said
Fairfield, proprietors of the common and undivided land in
said Fairfield, and the rest of the proprietors of the said com-
mon and undivided land in said Fairfield, complaining of a
judgment of the superior court held in Fairfield on the last
Tuesday save one in August last, rendered against him in
favour of said proprietors on a demurrer to the declaration
in an action brouglit by the petitioner against the said pro-
prietors for the partition of some of the said common and
undivided lands, alledging that, or in the rendering said judg-
ment manifest error hath intervened, and praying that the
judgment of the said superior court may be reversed and set
aside ; and praying this Assembly to grant the petitioner a,

1747.] OP CONNECTICUT. 327

new tryal of the aforesaid case at the superior court to be
held at said Fairfield on the last Tuesday save one of Febru-
ary next, and that the whole cost follow the final judgment
in said case : Resolved by this Assembly, that the aforesaid
judgment of the superior court be reversed and set aside, and
the same is hereby reversed and set aside accordingly ; and
liberty is hereby granted to the petitioner to have another
tryal of the aforesaid action at the superior court to be held
in Fairfield on the last Tuesday save one in February next,
and that the whole cost in said action shall follow the final
judgment that shall be rendered in said case.

Upon the petition of James Rogers, of New London, against
Richard Durfey, of said New London, setting forth that the said
Richard Durfey brought his action against the said Rogers,
demanding £162 3s. 2d. by book, which came to a final tryal
at the superior court held in Norwich in March last, at which
tryal the said Rogers was not allowed to give his book in evi-
dence with the charge of mariners' wages in it, whereby he
was prevented of having credit for the greater part of his
charge, and had the judgment rendered against him for the
sum of <£337 lis. Id. debt, besides a large bill of cost; pray-
ing the Assembly to set aside the said judgment and appoint
commissioners to examine and adjust their accounts, as by
the petition on file appears ; which petition was preferred to
this Assembly in May last, and thereupon the said Assembly
suspended said judgment of the superior court with all the
doings thereon, and appointed Samuel Lynde, Esq"", and
Messrs. Ebenezer Backus and Stephen Lee, to hear and
examine the accounts between the parties, as well respecting
mariners' wages as other articles, and make report to this
Assembly in their present sessions: And whereas the said com-
missioners' report made to this Assembly has in this present
sessions been set aside: This Assembly doth further suspend
said judgment of the superior court, and all the doings tliere-
on, and do appoint Colo. Hezh Huntington, Colo. Gurdon
Saltonstall and Mr. Nathaniel Shaw, to hear and examine the
accounts between the said Richard Durfey and James Rogers,
as well respecting mariners' wages as other articles, and
make report to this Assembly in May next what they shall
find the just ballance of their accounts in favour of either
party.

On the petition of Gideon Welman, &c., of Killings worth,
and Elias Shipman, of Saybrook, vs. Josiah Wilcox of Kill-
ingsworth, as on file: The question was put, whether the
prayer of said petition should be granted : Resolved by this

328 PUBLIC RECORDS [October,

Assembly in the negative. Cost allowed respondent is £9
10s. lid. Ex. granted JanWy 19^^, 174|.

[429] On the petition of Benjamin Barns, Jun"", and
Lydia his wife, of Branford, vs. Samuel Hazzard, of the city
and province of New York : The question was put, whether
the pleas offered by the respondents in abatement of said
petition are sufficient: Resolved by this Assembly in the
affirmative.

The petition of Zachariah Frink, of Yoluntown, vs. John
Dixson, late of Voluntown now of Killingly, &c., and William
Trumble and James Douglass, of Voluntown, proprietors of
the common and undivided lands in Voluntown, and the rest
of the proprietors of said common and undivided lands, being
entered, &c., the same was withdrawn by the petitioners'
attorney, Mr. Walker : thereupon the respondents exhibited
a bill for their cost, which is allowed to be <£13 6s. 4^(^.
money old tenour. Ex. granted October 21st, 1747.

This Assembly grants unto Timothy Green, printer, for his
first half year's salary, the sum of eighteen pounds in bills of
credit of the new tenour.

Upon the memorial of Nathaniel Tracey, Samuel Standish,
Caleb Gates, Daniel Park, Daniel Gates, Samuel Tracey, Sam-
uel Palmer, Thomas Standish, Thomas Gates, Joseph Free-
man, James Freeman, Caleb Freeman, Daniel Tracey, jun'".,
Benjamin Brewster, and -Joseph Tracey, all inhabitants of Nor-
wich, in New London county, living on the easterly side of
Norwich, (viz:') between the ancient reputed line and the true
line as it is now settled between said Norwich and Preston,
shewing that this Assembly at their sessions in Hartford, in
May, 1735, did enact that the inhabitants living to the east-
ward of said ancient reputed line, or that had estates there,
should pay their rates to said town of Preston until the line
between said towns was otherwise settled, and that in obedi-
ence to said act they have ever since given in their lists and
paid their rates to Preston until this present year, and that
the dividing line between said towns was, in the beginning of
May last, by committees from each of the said towns respect-
ively appointed for that purpose, settled and established : but
that the listers for the town of Norwich, the act of Assembly
aforesaid notwithstanding, did, in the year 1746, fourfold the
memorialists for all their estates lying to the eastward of said
reputed Una, the true line then not being any otherwise set-
tled than at the time of making said act; and praying this
Assembly to abate said fourfold assessment, and declare the
doings of said listers thereon to be null and void : Where-

1747.] OF CONNECTICUT. 329

upon it is resolved by this Assembly, that the fourfold assess-
ments aforesaid be set aside, and they are hereby made void,
and that all the rates that are thereon made by any of Norwich
aforesaid are abated, and that all officers yield obedience
hereunto.

Upon the memorial of Joseph Weed, shewing that he was
suspected to be guilty, with others, of helping, aiding and
abetting in forging an order or orders on the Treasurer of this
Colony, for which, on the ^th of May, 1747, before John
Hubbard, Esq^., justice of the peace for New Haven county,
he was recognized to appear before the superior court held in
New Haven on the last Tuesday of August last, to answer for
said crime or any other matter that should be charged against
him in behalf of our Lord the King, and not depart without
lycence, &c., and that being by accident prevented appearing
before said court on the first day of the sessions, he and his
sureties were called out, by whicli means the said recognizance
is forfeited; and also shewing he moved on the second day of
the court to be admitted to appear, but h.is motion was by said
court denied ; and thereupon praying for relief: Resolved by
this Assembly, that the said Joseph Weed be admitted to ap-
pear before the superior court to be held in New Haven on the
last Tuesday of February next, and submit himself to a tryal
therein for the matters to which he was recognized to answer;
and if he so submit himself and abide the judgment of the
said court that shall be given against him for any of the mat-
ters aforesaid, that the said Weed sliall be discharged from
said recognizance, but on failure therein it shall remain in
force against the recognizors, this provision notwithstanding.

This Assembly grants to Colo. Joseph Pitkin, of Hartford,
the sole privilege of slitting iron within this Colony for the
term of fourteen years from the sessions of this Assembly,
and that a patent be executed in due form, to secure the said
privilege to him and such others as he shall desire to be
named with him therein: with this proviso only, that he shall
certify this Assembly in May next that he hatli began to pro-
vide to build a slitting mill, and that the same be set on work
within two years from the present sessions of this AssembW,
and kept going as occasion shall be to the end of the said
term.

[430] Resolved, That Jonathan Trumble, John Chester,
Esq's, Colo. Thomas Welles and Colo. Joseph Pitkin, be and
they are hereby appointed Auditors of the publick accounts
of the Colony with the Treasurer some time before the ses-
sions of this Assembly in May next, and to do what shall be
42

330

PUCLIC RECORDS

[October,

needful to render the accounts distinct and clear, and prepare
an account of the bills of pu blick credit of this Colony that
are now outstanding.

An Act for advancing' and stating- the Pare of the Ferry called Keeny's
Ferry passing over Connecticut River from Hartford £o Weathersfleld.

Be it enacted hy the Governor^ Council and Rej^reseyitatives,
in General Court assembled, and hy the authority of the same,
That the fare of said ferry for tlie future shall be twelve pence
old tenour for man, horse and load, and six pence for a single
person or single horse.

The Sums Total of the Lists of Estate of the several To'wns in this

Colony hereafter mentioned, sent in to this Assembly and

accepted, are as follow, viz :

X s.

.Hartford,

35989 14

New Haven,

50136

New London,

30981 12

Fairfield,

45973

Windham,

22256 16

Windsor,

34139

Symsbury,

14084 14

Ridgefield,

9148

Killingly,

19017 15

East Haddam.

, 16683

Stoningtown,

26572 4

Coventry,

13878

Haddam,

10518 5

Canterbury,

13690

Woodberry,

23609 2

Colchester,

23526

Voluntown,

8074 15

Hebron,

14541

Guilford,

33378 5

Danbury,

14593

Pomfrett,

14516 18

Mansfield,

13807

Groton,

19946 6

Durham,

10546

Tolland,

7478 19

New Milford,

11102

Killingsworth,

13948 18

Wallingford,

38135

Plainfield,

10853 4

Norwicli,

48109

Glassenbury,

12005 3

Saybrook,

18209

Lichfield,

9145 15

Farmington,

34518

Preston,

17939 8

Newtown,

11358

Milford,

28819 9

Stanford,

26002

Ash ford.

9340 7

Stratford,

34625

Lyme,

22667 14

Waterbury,

13790

Greenwich,

18011 15

Lebanon,

33362

Weathersfleld,

25881 10

Brand ford,

22385

Norwalk,

32086 19

Derby,

10123

Midletown,

43416 19

Upon the representation of Capt. John Riggs, shewing to
this Assembly that one Jeremiah Weyman was apprehended
by order of authority on suspicion of counterfeiting bills of
publick credit, and thereupon committed to the goal in New
Haven, and was afterwards delivered to an officer to be trans-
ported to New York in order to a tryal, and that Samuel
Weed was apprehended at Waterbury, and fiom thence con-
veyed to New Haven, for which services no allowance hath

1747.] OP CONNECTICUT. 3B1

hitherto been made : Resolved by this Assembly, that Ebene-
zer Sillimaii, Esq"", and Colo. Benja. Hall be a committee to
examine and adjust the accounts with respect to their being
apprehended and committed as aforesaid, and make a reason-
able allowance to the several persons concerned therein, and
draw an order on the Treasurer of this Colony accordingly.

Upon the memorial of the inhabitants of the second soci-
ety in Lebanon, praying for a committee to ascertain and fix a
place to build a meeting-house upon in said society : Resolved,
that Mr. John Phelps, of Hebron, Mr. Joseph Strong, of Cov-
entry, and Mr. Zephaniah Swift, of Lebanon, be a committee,
and they are hereby appointed a committee to repair to the
said second society in Lebanon, view their circumstances, hear
all parties, and affix and ascertain a place for said society to
build a meeting-house upon for the publick worship of God, and
make report to this Assembly in May next.

[431] Upon the memorial of Thomas Curtiss, Thomas
Marshal and Ebenezer Lyman jun''., selectmen of the town
of Torrington, shewing that said town having voted to erect,
and actually erected, a frame for a meeting[-house] at a place
legally fixed and ascertained, of the dimensions of thirty foot
square and eighteen foot between joynts, and also appointed
Messrs. William Grant, Isaac Higley and Noah Wilson, to
carry on the building and finishing said house, and granted a
tax accordingly to defray the charge thereof, yet did soon af-
ter dismiss said committee, vote to cut down, and did cut
down, said frame to the height of but eight foot between
joynts, appointed a second committee, &c. ; and praying a
new appointment of said Higley and Wilson, together with
Jacob Strong of said town, a committee, instructing them to
erect, carry on and finish said house according to its original
dimensions, &c. : Resolved by this Assembly, that said second
committee as aforesaid appointed proceed no further to act in
the affair to which they were appointed, and that the said
Isaac Higley, Noah Wilson and Jacob Strong be, and they
hereby are appointed to be, a committee to erect, carry on
and finish said meeting-house at the said place according to
the original dimensions thereof, at the proper cost and charge
of the inhabitants of said town ; who are also hereby directed
with all convenient speed to convene, and grant and levy a
tax on the said inhabitants to that purpose ; and that the clerk
of said town keep account of said disbursements, and certify
according to law; and that the memorialists for and in behalf
of said town recover of the said Thomas Stoughton, John
Cook, Joel Thrall and Aaron Loomis, (as the persons chiefly

332 PUBLIC EECORDS [October,

concerned in said disorderly action,) their cost, which is taxed
and allowed to be <£21 6s. 5d. old tenour money. Ux.
granted, December 8th, 1T48.

Upon the memorial of Jasper Starr, John Holt, John Slater
and others, representing tliat they were in the Colony's ser-
vice on board the sloop Defence in the expedition against Cape
Breton in the year 1745, and was joyned with his Majesties
fleet during the siege at Louisbourg, and for some considerable
time afterwards, during which sundry captures were made by
said fleet; that the part and share of said captures and prizes
belonging to the company on board said sloop Defence, (ex-
clusive of the captain's share,) was by the captain of said
sloop, viz : Capt. John Prentiss of New London, since deceased,
sold to Mr. William Bowdoin of Boston, for the sum of five
thousand pounds, and that the said Prentiss had received the
said sum of Mr. Bowdoin in behalf of said company, and that
neither the said Prentiss in his life time, nor his executors,
viz : Mr. Jonath. Prentiss and Mrs. Sarah Prentiss, nor either
of them, since his death, had ever paid out to them their pro-
portions and just share in said £5000; and praying this
Assembly would order and appoint some proper persons to
act as a court of chancery in said affair, &c. : Resolved l)y this
Assembly, that Samuel Lynde, Esq"", Mr. Jeremiah Miller,
Colo. Christopher Avery, and Mr. John Ledyard, or any three
of them, be appointed, and they are hereby appointed and
impowered, as a court of equity, to take knowledge of all
those persons that were imployed on board said sloop in said
expedition and their legal representatives, and at the suit of
any or either of them, after due notice thereof to the said execu-
tors given by the parties that shall put in his claim for his
part of said <£5000, at such time and place as said commis-
sioners shall appoint they, said commissioners, shall hear the
parties thereon, make up judgment and award execution in
favour of such person or persons that shall make out their
equitable claim and right in said £5000, according to his or
their just proportion thereof, against the estate of the said
John Prentiss in the hands of said executors.

Upon the petition of Thomas Elmor and Joseph Rockwell,
of Windsor, representing that they brought their action
against William Moll, of the island of Barbadoes, before the
county court held at Hartford in and for tlie county of Hart-
ford on the first Tuesday of November, A.D. 1745, demanding
the sum of two thousand pounds money, said to be due to
them l)y book as they were traders in company ; also repre-
senting that they had charged the said Moll in debt in their

1747.] OP CONNECTICUT. 333

book for nineteen cask of tobacco at tliirty shillings Barbadoes
money per hundred ; that the said action did finally come to
the superior court held at said Hartford in September last,
when the same was committed to auditors ; that the said audi-
tors did entirely reject the said article of the nineteen cask of
tobacco out of their consideration as not being a proper article
of book account, whereby the petitioners were much aggrieved;
and praying that the judgment of the said superior court con-
sequent thereupon be set aside, and that they may have a
new tryal of said action at the superior court to be held at
said Hartlbrd in March next, &c. : Resolved by this Assembly,
that the aforesaid judgment of the said superior court in Septem-
ber last be, and it is hereby, set aside, and the petitioners
have liberty of another tryal in said cause at the superior
court to be held at said Hartford in March next, and the peti-
tioners' book may be given in evidence in said tryal ; and
that the whole cost follow the final judgment.

[432] Upon the memorial of John Clark, John Penfield,
and others of the 3d society in Midletown, praying this Assem-
bly to set aside the report of a committee appointed by the
General Assembly in May last to affix the place whereon to
build a meeting-house in said society, and to appoint aiiotlier
committee to view the circumstances of said society and state
a place-whereon to build a meetinghouse : Resolved by this
Assembly, that the report of said committee be set aside and
another committee granted as prayed for ; and this Assembly
do appoint Major Elihu Chauncey, Mr. Nathan Camp and
Capt. Abraham Bartlett, all of Durham, to be a committee to
repair to said society, and notify all parties concerned, and
view their circumstances, and affix a place whereon to build
a meeting-house, and make report to this Assembly in May
next.

This Assembly do establish and confirm Mr. Robert Geer
to be Captain of the 4th company or trainband in the town of
Groton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Stanton
to be Lieutenant of the 4th company or trainband in the town
of Groton, and order that he be commissioned accordingly.

Resolved hy this Assembly^ That the publick Seal of this
Colony be altered and changed from the form of an oval to
that of a circle, and that the same shall have cut and engraved
upon it the same inscription, motto and device, that are on
the present seal, with a correction of such mistakes as hap-
pened in the spelling and letters in the inscription and motto
of the present seal ; and the Secretary of this Colony is

334 PUBLIC RECORDS [October,

directed to procure such alteration at the cost of this Colony
as soon as conveniently may be.*

This Assembly grants to Thomas Fitch, Esq"", the sum of
one hundred pounds old tenour, in part of pay for his service
in revising the laws of this Colony.

Upon the memorial of Obadiah Dunham, Aaron Wright and
others, living in the northwest part of the town of Hebron,
shewing to this Assembly that they live so remote from the
place of publick worship in the fii'st society in said Hebron,
where they belong, that it is very inconvenient to attend pub-
lick worship in said first society ; also shewing the willingness
of said first society that they be set off; and they praying also
to be set off and made a distinct ecclesiastical society, and
that a committee be appointed to view their circumstances to
that end, &c. : Resolved by this Assembly, that Capt. James
Church, Capt. Thos. Pitkin nnd Capt. Joiiath. Hills, be a
committee to repair to the said tov^n of Hebron, first notify-
ing all parties, and to view the circumstances of the said first
society in Hebron and the circumstances of the memorialists,
and ascertain the line between the memorialists and the first
society in Hebron, if they think reasonable the memorialists
should be set off as aforesaid ; and they are to report their
opinion to this Assembly at their sessions in May next upon
the whole.

Upon the petition of Jonathan Westover, of Symsbury,
representing that Samuel Welles, Esq^, of Boston, bro't his
action against him to the county court held at Hartford in the
county of Hartford on the first Tuesday of November last,
on a bond, demanding two hundred pounds lawful money of
the Province of the Massachusets Bay, which action came
finally to the adjourned county court held at said Hartford the
last Tuesday of January last, and was there tryed on the plea
7ion est factum, and judgment thereon against the petitioners
rendered ; also representing that one Samuel Smith had im-
posed upon him, by misreading said bond when he executed
the same, and also that he, the petitioner, had missed his plea
in said tryal ; and praying that the said judgment of the said
county court in said action at the said January court should
be set aside, and that he may have liberty of another tryal in
said case, &c. : Resolved l)y this Assembly, that the aforesaid
judgment of the said county court in January last be reversed,
and it is hereby reversed and set aside, and the petitioner is

* Nothin<; ajipcars to h:iv(! been done under this resolution. The word Connec-
ticensis appeared in the legend around the seal, instead of Comiecticutensis, as at
present.

1747.] OP CONNECTICUT. 336

allowed another tryal in said action at the county court to be
held at said Hartford on the first Tuesday of November next,
and he is allowed to alter or amend his plea in said action,
as he shall see fit ; and in case that the petitioner shall finally
obtain in said action, the said county court shall make up
judgment for him to recover against the said Wells all that
sum which the said Westover hath paid on the judgment
aforesaid, the former cost excepted, and the future cost shall
follow the final judgment that shall be rendered in said case.

[433] On the memorial of Donald Grant, of Newtown,
shewing to this Assembly that in the month of October last
he received of Samuel Sherman, of said Newtown, a counter-
feit bill of credit of twenty shillings new tenour of this Colony,
and being certified that it was a counterfeit, he purchased a
writ whereby the said Sherman was arrested and committed
to Fairfield goal, and being let to bail by the sheriff upon
bond of £300 lawful money, came back to Newtown and
voluntarily confessed what he knew in the whole affair of
counterfeiting and uttering false bills, and engaged in the
prosecution thereof, by means whereof several persons have
been convicted of counterfeiting bills of credit and uttering
the same, and also of counterfeiting draughts on the Colony
treasury ; and that after said prosecution, said Sherman
neglected to appear at the superior court to which he was
bound, and thereby forfeited his bond ; and praying that his,
the said Grant's, costs, which together with the loss of said
bill amounts to near the sum of £20, also the premium al-
lowed by law for the prosecution, may be granted him out of
the Colony treasury : Resolved by this Assembly, that the
superior court, at their next sessions in Fairfield, chancer the
bond of said Sherman down to such a sum as shall be suffi-
cient to answer all charges arising on said Sherman's prosecu-
tion and the premium allowed by law therefor, and tliat they
make a reasonable allowance to said Grant out of the same.

Upon the memorial of Cornelius Knowles, of Midletown,
praying this Assembly to grant the fare of the ferry to him
over Connecticut River, where it was granted to Mr. Jonathan
Yeomans in Midletown at Midle-Haddam society: Resolved
by this Assembly, that the place aforesaid be and is hereby
granted to the said Knowles, his heirs, &c., during the pleas-
ure of this Assembly, and that the fare thereof be fourteen
pence for a man, horse and his load, and six pence for a single
person, and for each single horse nine pence; all old tenour;
any law, usage or custom to the contrary notwithstanding.

Upon the memorial of Ebenezer Leach, agent for the soci-

336 PUBLIC RECORDS [October,

ety of Andover, praying for a committee to state the place for
building a meeting-house in said society: Resolved by this
Assembly, that Capt. John Bissell, Zebulon West, Esq"", and
Deacon Jonathan Stro'ng, be a committee to repair to the said
society of Andover, first notifying all parties, and view their
circumstances, and to affix and ascertain a place for the build-
ing a meeting-house for publick worship in said society,
and make their report to tliis Assembly in May next.

Upon the memorial of Temperance Stone' and Josiah Stone,
of Litchfield, executors of the last will and testament of
Josiah Stone late of said Litchfield, deceased, representing
that the debts pf the said deceased Josiah exceed the personal
estate of the said deceased the sum of .£575 3s. 2c?., praying
this Assembly to enact that so much of the lands of the said
deceased miglit be sold by some proper and meet persons as
should be sufficient to answer the said sum, as by the memo-
rial on file appears : This Assembly do grant and enact, that the
said Temperance Stone and Josiah Stone, the memorialists,
with tiie advice of the judge of probate in the district of
Litchfield, have power, and they are hereby authorized to sell
so much of the real estate of the said deceased as shall be
sufficient to defray and answer the sum of £515 3s. 2d. of
the debts due from the estate of the said deceased Josiah
Stone.

Upon the memorial of Philip Pond and Abigail Pond, ad-
ministrators on the estate of Josiah Pond late of Branford,
deceased, shewing that the debts and charges arising upon the
estate of said deceased surmounts the moveable part of said
estate the sum of .£134 18s. 2d., and praying that they may
have liberty to sell so much of the real estate of said deceased
as to pay the said sum, <fec.: Resolved by this Assembly, that
the aforesaid administrators be, and they are hereby, fully
impowered and authorized to sell so much of the real estate
of said deceased as will pay the aforesaid sum of £134 18s. 2d.
and charges arising thereon, taking the direction and advice
of the court of probate for the district of Guilford therein.

Resolved by this Assembly., That William Pitkin, Ebenezer
Silliman, Jonathan Trumble, Gurdon Saltonstall, Esq^s, be a
committee, and they are hereby appointed a committee, to
procure, prepare and draw up an account of the expence of
the cloathing, arms, accoutrements, bounty, and all other ex-
pences whicli this Colony have been at in pursuance of his
Majesties orders, signified to us by his Grace the Duke of
Newcastle, on account of the expedition against Canada, from
the time of the levying of the troops until the date of such

1747.] OF CONNECTICUT. 337

accounts, and therein make proper distinctions between the
several articles of expence ; and when done, to lay the same
before the Governor, in order for their being properly vouched
for allowance.

[434] This Assembly appoints Colo. Elisha Williams to
wait on their Excellencies Governor Shirley and Governor
Knowles, with the accounts of the expence of this Colony
incurred on account of the Canada expedition, as soon as
his Honour the Governor shall have got them prepared
and well avouched to be laid before their Excellencies. And
the said Colo. Williams is directed to attend, if it shall appear
to him needful, until those accounts shall be adjusted and
liquidated by their Excellencies, as far as that may be obtained,
and to endeavour to forward and promote the allowance of
the whole.

Upon the memorial of sundry inhabitants of the second
society in Norwich, representing the broken and unsettled cir-
cumstances of said society and the unhappy divisions sul)sisting
therein; also shewing that the said society, at their meeting
on the 13th day of instant October, declared they, under their
unhappy circumstances, did not choose to hold Mr. Henry
Wills as their minister, and that at the same time also they
declared that they as a society did differ or dissent from Say-
brook Platform of Church Discipline, as the church in said
society had done; and further representing their fears that, in
consequence of said votes and declarations, the said society
would soon attempt to shut the said Mr. Wills out of the pul-
pit there, by which means they apprehend great disorders
would necessarily follow ; and thereupon praying the interpo-
sition of this Court : And whereas, although the state and cir-
cumstances of said society and the reasons for giving a judg-
ment respecting the same cannot fully be known and
understood without the contending parties be heard on the
matters of difference, yet, least greater confusion and disorder
should happen before a full hearing and determination can be
had: It is resolved by this Assembly, that the said society be,
and they are hereby, forbid to offer any force or violence to
the said Mr. Wills, in order to dispossess him of his pulpit, or
in any way or manner to resist and disturb him, but are here-
by ordered to permit him to abide in and perform his function
there till the rising of this Assembly in May next, unless the
said Mr. Wills be orderly dismissed from his service there
before that time. And all persons are directed to conform to
this order, on penalty of incurring the displeasure of this
Assembly.

338 PUBLIC RECORDS [October,

On the petition of John Banister, of New-Port, and Sam-
uel Banister, of Stoningtown, and William Bowen and Frances
his wife, (in her right,) of Boston, &c., vs. Moses Fish, of
Voluntown, as on file: The question was put, whether the
pleas offered in abatement of this petition by the respondent
are sufficient to abate the same: Resolved by this Assembly
in the affirmative. Cost allowed respondent £1C) Is. l}d. old
tenour. Ex. granted Nov. 13^/i, 1747.

Upon the petition of John Palmer and Samuel Palmer,
both of Windsor, to this Assembly in their sessions at Hart-
ford in May, 1745, preferred, representing that one Daniel
Filley, of said Windsor, before the county court held at Hart-
ford in November, 1745, obtained a judgment against them,
together with one Jacob Phelps of said Windsor, for the sum
of c£500 money and <£21 17.s. 2d. for cost, on an action
brought on a note for that sum ; that said note was an escroll,
given only to hold the said Palmers and Phelps severally to
fulfil and perform what they should be awarded severally to
do by certain arbitrators, to whom sundry controversies had
been by them and the said Filley submitted ; that they, the
petitioners and said Phelps, had performed everything by said
arbitrators awarded to be by them severally done, save only
their not discharging one certain bond on which an action
had been commenced and depending in the county of Hamp-
shire, or the not ceasing to prosecute said, action ; that said
failure was only by and on the part of the said Jacob Phelps
alone, they, the said petitioners, having failed in no point; that
they, the said petitioners, have accordingly done or occasioned
no damage to the said Filley, and thereupon praying appoint-
ment of a committee to enquire of the said Filley's damage ;
a committee, as prayed for, was at said Assembly in May,
1746, appointed who, not able to undertake such enquiry,
&c., and other committee being appointed, to this Assem-
bly in their sessions in May last gave in their report in the
premises, viz : That the said suit prosecuted in Hamp-
shire county was prosecuted to final judgment by said Jacob
Phelps only, as lie was administrator on the estate of one
[435] Raymond, the plaintiff in said action, and that said
Palmers, the petitioners, were not concerned in said suit or
the judgment thereon rendered ; that if anything be due in
equity to said Filley on account of damage sustained by said
recovery or through the not discharging the same, the same
is due only from said Jacob Phelps ; that the said judgment
by said Filley obtained against the -said Phelps and the peti-
tioners hath been in part carried into execution, and that said

1747.] OP CONNECTICUT. 339

John Palmer, by an execution thereon issued, hath been
compelled to pay, and hath paid, to said Filley the sum of
<£49 19.S. Od. money, which they jud^^e not to have been due
and in equity payable from said Palmer, as per said petition and
report on file appears : which report being at said Assembly
in May last referred to the consideration of this Assembly,
and now, on hearing the parties on said report, and considera-
tion thereof had : Resolved, that the said report be accepted,
and this Assembly doth accept of and approve the same ; and
that nothing appears to have been justly due and payable
from the petitioners to said Filley on said judgment obtained
at Hartford ; and doth thereupon further resolve, that the
said John Palmer may, at any time within twelve months from
the rising of this Assembly, bring his action against the said
Jacob Phelps at any stated or adjourned county court to be
holden at said Hartford, for the sum of .£49 19&-. Od., and on
proof of his having paid said sum as aforesaid, and giving this
resolve in evidence, shall recover and have judgment to have
and recover such sum of said Phelps, unless on such tryal it be
made to appear that said John Palmer hath, or in any point,
failed to perform that which by the said award it was his
duty severally and by himself to do ; and that no appeal in
said action be allowed ; and that execution on said judgment,
at said Hartford for X500 rendered as aforesaid, be no further
levyed on the petitioners, or either of them or their estates ;
and that the petitioners now have and recover of the said
Filley their cost, which is £40 14s. 9d. Ex. granted, Novem-
ber 14:th, 114:1 , for the ahovesaid cost.

Whereas the inhabitants of the towns or plantations of
Woodstock, Suffield, Endfield and Summers, by their memo-
rial to this Assembly liave represented and shewed that the
said towns are situate within the bounds of the royal charter
granted to this Colony, and that by the settlement of the divid-
ing line between this Colony and the Province of the Massa-
chusets Bay, made by commissioners from each government
in the year of our Lord one thousand seven hundred and
thirteen, it was agreed the said towns should be and remain
under the jurisdiction of the government of the said Province,
although it hath appeared by the running of the said dividing-
line that the said towns are within the limits of this Colony ;
which determination the memorialists alledge was made with-
out their consent, and that by means thereof they liave been
and still are deprived of their rights and privileges to which
they are justly intituled by the said charter ; and thereupon
complain they are aggrieved ; that having suggested these

340 PUBLIC RECORDS [October,

matters to the respective Assemblies of the Massachusets Bay
and this Colony for relief, have as yet been unsuccessful in
their endeavours for a redress, have now repeated their peti-
tion to this Assembly for relief in the premises ; praying that
(as they humbly conceive they have a just right to the privi-
leges and liberties of this government, the said agreement
notwithstanding,) so this Assembly would acknowledge them
to be in this Colony, and allow them the liberties and privi-
leges thereof; and this Assembly being desirous to prevent
all controversies between the said Province and this Colony
respecting the said towns, and that justice and right may be
done to the inhabitants thereof in the matters aforesaid :
Thereupon it is resolved by this Assembly, that Jonathan
Trumble, John Bulkley, Esq^^, and Capt. Roger Wolcott, or
any two of them, be appointed, and they are hereby appointed
to be, Commissioners in behalf of this Colony to meet with
such commissioners as shall be appointed on the part of the
said Province, to hear the inhabitants of the said towns or
plantations on the matters of their complaint, and report to
the respective governments what they shall apprehend right
to be done, that so this affair may be amicably settled, and
justice may therein be done to his Majesties subjects. And the
General Court of the said Province are desired to joyn herein.
And his Honour the Governor is desired to transmit to his
Excellency Governor Shirley a copy of this resolve, and re-
quest him to lay the same before the Assembly of the said
Province for their consideration ; and also to commission the
persons hereby appointed, when it shall be needful for the
purpose aforesaid.

Resolved hy this Assembly, That the Colony sloop Defence
shall forthwith be, by the present commander thereof, deliv-
ered into the hands of Colo. Gurdon Saltonstall, who is hereby
directed to strip her of her sails and rigging liable to suffer,
[436] and house them, and lay her up in || some convenient
place within the harbour of New London until the next spring,
and then, in case the war should continue, to be, by the direc-
tion of his Honour the Governor, in the most frugal manner
refitted for and improved in the defence and protection of our
coast as heretofore. And, in case a peace should in the interim
ensue, that then Colo. Gurdon Saltonstall, Messrs. Jeremiah
Miller and John Ledyard, be a committee to equip said sloop
and provide and put in her some suitable cargo, at the cost
and on the account and risque of this Colony, and send her
to such place in the West Indies where there shall be a pros-
pect of the best market, to be witli her cargo sold and disposed
of for the benefit of this Colony.

1747.] OF CONNECTICUT. 341

Upon the memorial of John Richards, of New London,
complaining of great loss sustained in consequence of a
purchase made by the said John Richards and one Richard
Douglass late of New London, deceased, of some lands
formerly Wait Winthrop's, and giving bond to the town of
New London on account of such purchase ; and praying for
help and relief under his difficulties occasioned thereby :
Resolved by tliis Assembly, that the memorialist have granted,
and this Assembly do hereby grant to him, three hundred
pounds old tenour bills of credit, to be paid out of the publick
treasury ; and the Treasurer is hereby ordered to pay the
same accordingly.

Upon the memorial of Samuel Scott, of Waterbury, shew-
ing this Assembly that he had done service as an officer and
expended money in service of this Colony, in bringing to justice
counterfeiters and forgers, &c. : Granted by this Assembly to
the said Samuel Scott out of the publick treasury of this Col-
ony the sum of thirty-one pounds thirteen shillings old tenour,
for the service aforesaid.

Resolved hy this Assembly, That Nathaniel Stanly, Esqf, of
Hartford in the county of Hartford, be, and he is hereby,
fully authorized and impowered to require, receive and secure
all that can be had of the arras and accoutrements of the
officers and souldiers raised for the late intended expedition
against Canada, belonging to the companies under the com-
mand of Colo. Elisha Williams, Lt. Colo. Samuel Talcott and
Capt. James Cimrch, who are hereby directed to deliver such
arms and accoutrements of their respective companies to the
said Nathaniel Stanly, Esq^, taking two receipts for them of
like tenour and date, one of which they are respectively desired
to deliver into the office of the Secretary of tliis Colony. And
the said officers are desired to deliver the said arms and ac-
coutrements at such place as may be with most conveniency
to them and least expence to the Colony to carry them to
the place where the same shall be lodged, and to deliver to
the said Nathaniel Stanly, Esq"", an account of such arms and
accoutrements as are withheld or imbezzeled, with the name of
the person withliolding, and the price of the arms, &c. And
it is further resolved, that the said Nathaniel Stanly, Esq^", do
take care of and keep clean and in good order all the arms
and accoutrements received as aforesaid, and attend such
orders and directions as shall be given him by this Assembly.

Resolved hy this Assembly, That Nathaniel Stanly, Esq% of
Hartford in the county of Hartford, be, and he is hereby, im-
powered to require, receive and secure for the use of the

342 PUBLIC RECORDS [October,

Colony, the ammunition which was prepared for the companies
under the command of Colo. Elisha Williams, Lt. Colo. Samuel
Talcott and Capt. James Church, who are hereby directed to
deliver the same to him, taking his receipt therefor.

Resolved by this Assembly^ That Mr. Aaron Day, of New
Haven in the county of New Haven, be, and he is hereby,
fully authorized and impowered to require, receive and
secure, all that can be had of the arms and accoutrements
of the officers and souldiers raised for the late intended
expedition against Canada belonging to the company un-
der the command of Capt. Elihu Hall, who is hereby
directed to deliver such arms and accoutrements of his
company to the said Mr. Aaron Day, taking two receipts
for them of like tenour and date, one of which said Capt.
Hall is desired to deliver into the office of the Secretary of
this Colony. And the said Capt. Hall is desired to deliver
the said arms and accoutrements at such place as may be
with most conveniency to him and least expence to this
Colony to carry them to the place where the same shall be
lodged, and to deliver to the said Mr. Day an account of such
[437] arms and accoutrements || as are withheld or imbezzeled,
with the name of the person withholding and the price of the
arms, &c. And it is further resolved, that the said Mr. Day
do take care of and keep clean and in good order, all the
arms and accoutrements received as aforesaid, and attend such
orders and directions as shall be given him by this Assembly.

Resolved hy this Assembly, That Mr. Aaron Day, of New
Haven, be, and he is hereby, impowered to require, receive and
secure for tiie use of the Colony, the ammunition tliat was
prepared for the company under the command of Capt. Elihu
Hall, who is hereby directed to deliver the same to him,
taking his receipt therefor.

Resolved by this Assembly, That Mr. Jabez Huntington, of
Norwich in the county of New London, be, and he is hereby,
fully authorized and impowered to require, receive and secure
all that can be had of the arms and accoutrements of the
officers and souldiers raised for the late intended expedition
against Canada, belonging to the companies under the com-
mand of Major Israel Huit and Capt. Robert Denison, who
are hereby directed to deliver such arms and accoutrements
of their respective companies to the said Mr. Jabez Hunting-
ton, taking two receipts for them of like tenour and date, one
of which they are respectively desired to deliver into the
office of the Secretary of this Colony. And the said officers
are desired to deliver the said arms and accoutrements at

1747.] OF CONNECTICUT. 343

such place as maybe witli most conveniency totliem and least
expence to the Colony to carry them to the place where the
same shall be lodged, and to deliver to the said Mr. Jabez
Huntington an account of such arms and accoutrements as
are withheld or imljezzeled, with the name of the person with-
holding and the price of the arras &g. And it is further
resolved, that the said Mr. Jabez Huntington do take care of
and keep clean and in good order all the arms and accoutre-
ments received as aforesaid, and attend such orders and
directions as shall be given him by this Assembly.

Resolved hy this Assembly^ That Mr. Jabez Huntington, of
Norwich in the county of New London, be, and he is hereby,
impowered to require, receive and secure for the use of the
Colony, the ammunition which was prepared for the com))a-
nies under the command of Major Israel Huit and Capt. Rob-
ert Denison, who are hereby directed to deliver the same to
him, taking his receipt therefor.

Resolvi'd hji this Assembly^ That Andrew Burr, Esq^, of
Fairfield, l>e, and he is hereby, autliorized and impowered to
require, receive and secure all that can be had of the arms
and accoutrements of the officers and souldiers raised for the
late intended expedition against Canada, belonging to the
companies under the command of Capt. Josiah Starr and
Capt. Joseph Worster, who are hereby dire^sted to deliver
such arms and accoutrements of their respective companies
to the said Andrew Burr, Esq"", taking two receipts for them
of like tenour and date, one of which they are respectively
desired to deliver into the office of the Secretary of this
Colony. And the said officers are desired to deliver tlie said
arms and accoutrements at such place as may be with most
conveniency to them and least expence to this Colony to
carry them to the place where the same shall be lodged, and
to deliver to the said Andrew Burr, Esq"", an account of such
arms and accoutrements as are withheld or imbezzeled, with
the name of the person withholding and the price of the arms,
&c. And it is further resolved, that the said Andrew Burr,
Esqr^do take care of and keep clean and in good order all the
arms and accoutrements received as aforesaid, and attend
such orders and directions as shall be given him by this
Assembly.

Resolved by this Assembly, That Andrew Burr, Esq"", of
Fairfield, be, and he is hereby impowered to require, receive
and secure for the use of the Colony, the ammunition which
was prepared for the companies under the command of Capt.

344 PUBLIC RECORDS [October,

Josiah Starr and Capt. Joseph Worster. who are hereby di-
rected to deliver the same to him, taking his receipt.

Resolved hy this Assembly^ That Jonathan Trumble, Esq"",
of Lebanon in the county of Windham, lie, and he is hereby,
fully authorized and impowered to require, receive and secure
all that can be had of the arms and accoutrements of the offi-
cers and souldiers raised for the late intended expedition
against Canada, belonging to the companies under the com-
mand of Capt. William Whiting and Capt. Benjamin Lee,
who are liereby directed to deliver such arms and accoutre-
ments of their respective companies to the said Jonathan
1 488] Trumble, Esq*", taking two receipts for them || of like
tenour and date, one of which they are respectively desired
to deliver into the office of the Secretary of this Colony.
And the said officers are desired to deliver the said arms and
accoutrements at such place as may be with most conveniency
to them and least expence to this Colony to carry them to the
place where the same shall be lodged, and to deliver to the
said Jonathan Trumble, Esq"", an account of such arms and
accoutrements as are withheld or imbezzelled, with the name
of the person withholding and the price of the arms, <fec. And
it is further resolved, that the said Jonathan Trumble, Esq"",
do take care of and keep clean and in good order all the arms
and accoutren^nts received as aforesaid, and attend such or-
ders and directions as shall be given him by this Assembly.

Resolved hy this Assembly^ That Jonathan Trumble, Esq',
of Lebanon, be, and he is hereby, impowered to require and
receive, and secure for the use of the Colony, the ammunition
which was prepared for the companies under the command of
Capt. William Whiting and Capt. Benjamin Lee, who are
hereby directed to deliver the same to him, taking his receipt
therefor.

[Here follows the resolution \\\>on the petition of Jonathan Westover, in the
same words as it had been before recorded on page [432] and is printed on page
334.]

Upon the memorial of Samuel Bowles, late of Durham,
shewing to this Assembly that, on the request and at the de-
sire of James Fitch, and with advice of the chief officers of
this government and Massachusets at Cape Breton, he, said
Fitch, came home from Cape Breton with Boston forces, and
he, said Bowles, tarried with the forces of this Colony and
did not arrive with them until about two month after said
Fitch ; praying for pay for the time he was in the service of
this Colony after said Fitch's return : Resolved by this Assem-
bly, that the said Bowles be paid out of the publick treasury

1747.] OP CONNECTICUT. 345

the sum of twenty pounds old tenour, and the Treasurer of
the Colony is hereby ordered to pay said sum to said Bowles
or his order.

Upon the prayer of the Rev^ Mr. John Norton, late of
Farmingtown and more late a chaplain at Fort Massachusets,
shewing he was taken and carried into captivity and has suf-
fered great loss and damage, and at present is much deprived
of the means of living, and praying for the compassionate
consideration of this Assembly towards him in his low estate:
This Assembly grants to the said Mr. John Norton the sum
of one hundred pounds bills of credit of the old tenour, and
the Treasurer is hereby ordered to pay him the same out of the
Colony treasury accordingly.*

His Honour the Governor having laid before this Assem-
bly an agreement come into by the Commissioners from the
governments of the Massachusets Bay, New York and Connec-
ticut, bearing date at the city of New York on the twenty-eighth
day of September last, signed by the said Commissioners ; and
having recommended the said agreement to the consideration
of this Assembly for their acceptance and ratification; which
agreement contains divers articles concerted for the carrying
[489] on the war || against the common enemy, and for the
defence of the British Colonies on the continent in North
America ; which agreement having been duly weighed and
considered : It is now resolved by this Assembly, that the said
agreement be, and the same is hereby, accepted, approved of
and ratified on the part and behalf of this government, so far
as this Colony is concerned therein. Provided nevertheless,
that this acceptance, approbation and ratification, shall be of
force for the establishment of those articles only in said agree-
ment which shall be accepted, approved and ratified, also by
the legislatures of both of the aforesaid governments of the
Massachusets Bay and New York; anything in the above
resolve notwithstanding.!

This Assembly appoint the Honourable Roger Wolcott,
Esqf, and Benjamin Hall, Esq% a committee to meet with
such committee or committees as shall be appointed by the

* Mr. Norton published, in 1748, a pamphlet under the title of The Redeemed
Captive, being a narrative of the takimj and carryinq into captivitij the Reverend Mr.
John Norton, when Fort Massachuaetts surrendered to a large body of French and In-
dians, August 20th, 1746. Copies are rare, but it has been re-priiite.d in the ap-
pendix to S. G. Drake's Particular History of the Five Years French and Indian
War. Boston, 1870.

t The agTeement is printed in the Journal of the Legislative Council of New
York. Vol. 2, pp. 984-7. Albany, 1861. No copy remains in our archives.

346 PUBLIC RECORDS [October,

other governments to meet at Midletown in this Colony on
the lltli day of December next, or as soon after as may be,
in order to determine and ascertain the several particulars
necessary to be provided at the common charge of the govern-
ments for the carrying on the proposed expedition against
Crown Point Fort ; and also to agree what particular sorts or
species of the said particulars each government shall under-
take to provide, pursuant to the agreement of the Commis-
sioners, made at New York, dated the 28th day of September
last. And the committee liereV)y appointed are directed to
endeavour to get the best information they can of what particu-
lars may be necessary to be provided for the purpose aforesaid,
and which of them this government can most easily supply.
And when those matters shall by them be ascertained and de-
termined, as aforesaid, the account thereof to be laid before
his Honour the Governor.

Resolved by this Assembly, That the Committee of War in
the county of Hartford be impowered, and they are hereby
impowered and directed, from time to time as occasion shall
require, to send such a number of men into the county of
Hampshire to scout or keep garrison there as tliey shall think
necessary, and to draw them off again as they shall think
best.

Ordered, That the Treasurer of this Colony pay out of
the publick treasury unto Tho^ Fitch, Esq"", the sum of
j£102 Os. OcZ. old tenour, and to Colo. Benja. Hall the
sum of .£83 9s. 9c?., for their service &c. in attending the
late congress at New York as Commissioners from this
Colony.

This Assembly grants a tax on all the polls and rateable
estate in this Colony on the list of the current year, of two
pence on the pound in bills of credit of this Colony new ten-
our, at the proportion of three shillings and six pence old ten-
our for one shilling new tenour, or in good silver at eight
shillings per ounce troy weight sterling alloy, or gold equiva-
lent.

An Act for repealing Part of the Law entituled An Act for the better

supporting the Cvirrency of the Bills of Publick Credit on

this Colony, made and passed in May last.

Be it enacted hy the Grovernor, Council and Represejitatives,
in General Court assembled, and by the authority of the same,
That the last paragraph of the said act be repealed, and the
same is hereby repealed and made void accordingly.

This Assembly grants to the Honourable Jonathan Law,
Esq"^, Governor, the sum of one hundred and thirty pounds
new tenour bills of credit, for his last half year's salary.

1747.] OF CONNECTICUT. ' 347

This Assembly grants to the Honbie Roger Wolcott, Esq"",
Deputy Governor, for his last half year's salary, the sum of
sixty-five pounds new tenour.

Upon the petition of Jane Shepard, of Hartford, vs. Zebulon
Shepard, of said Hartford, shewing that in a suit depending
in the superior court at Hartford on the first Tuesday of
September last, between the petitioner, plaintiff, and the said
Zebulon, defendant, the petitioner by mere mistake was non-
suited, and thereupon that judgment was rendered against
said Jane in favour of said Zebulon on the said nonsuit for
cost ; and thereupon praying the said judgment may be re-
versed, and that she may have liberty to enter the said action
anew and proceed to tryal therein, as per her petition on file :
Resolved by this Assembly, that the said judgment of the
superior court given for cost against the petitioner on the
aforesaid nonsuit be reversed and set aside, and the same is
hereby reversed and set aside with the proceedings thereon ;
and liberty is hereby granted to the petitioner to enter and
revive the said action in the superior court to be held in Hart-
ford on the first Tuesday of March next, and therein to pro-
ceed as though the said nonsuit had not happened ; and the
whole cost shall go according to the final judgment that shall
be rendered in said case.

Whereas this Assembly hath been drawn out to such a
length that all the members thereof cannot stay to hear the
acts and orders tliereof read off: This Assembly do appoint
Nath' Stanly, Will'" Pitkin and John Chester, Esq^s Colo.
Joseph Pitkin, Mr. Jos. Buckingham, Colo. Blisha Williams
and Colo. Elizur Goodrich, to be a committee to attend upon
the Deputy Governor at the State House, to hear the acts
and orders of this Assembly read off and signed by the
Secretary as perfect and compleat.

The whole record of the Acts and Orders of this Assembly,
as it stands entered on the pages of this book next preced-
ing, was read off in the presence of the major part of the
committee abovenamed, and signed as compleat.

George Wyllys, Secret'y.

348 ' PUBLIC RECORDS [May,

[440] At a General Assembly holden at Hartford in

THE COUNTY OP HaRTFORD IN HIS MAJESTIES ENGLISH

Colony of Connecticut in New England in America,
ON the second Thursday of May, (being the 12th

DAY of said month,) AND CONTINUED BY SEVERAL AD-
JOURNMENTS until the 3d day op June following, anno
REGNi Regis Georgii secundi Magn.e Britannia, &c.,

VIGESSIMO-PRIMO, ANNOQUE DOMINI 1748.

Present :
The Honourable Jonathan Law, Esq"", Governor.
Tlie Honbie Roger Wolcoti, Esq"", Deputy Governor.

James Wadsworth,^ Ebenzer SiUman, ^

Nathaniel Stanly, | Jonathan Trumble, |

Samuel Lynde, ly, ^^ tJohn Bulkley, ! Esq''%^s-

William Pitkin, \ Andrew Burr, ^ sistants.

Thomas Fitch, John Chester,

Roger Newton, J ^

Representatives or Deputies that attended at this Assembly are as
follow, (viz :)

Mr. Joseph Buckingham, Colo. Joseph Pitkin, for Hartford.

Colo. Gurdon Saltonstall, Mr. Jeremiah Miller, for New Lon-
don.

Capt. Eliezer Carey, Mr. Jonath. Huntington, for Windham.

Colo. Elizur Goodrich, Capt. Jonath. Belden, for Weathersfield.

Colo. Jonathan Hoit, Mr. Abhaham Davenport, for Stanford.

Capt. John Fowler, Capt. Nathan Baldwin, for Milford.

Mr. Justus Bush, Capt. Israel Knapp, for Greenwich.

Colo. Benja. Hall, Mr. Gideon Ives, for Wallingford.

Mr. Joseph Wittar, Mr. Nath'. Brown, for Preston.

Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury.

Mr. Phinehas Strong, Mr. Joseph Strong, for Coventry.

Capt. Robert Dixson, Mr. Tho's Kesson, for Voluntown.

Capt. Jonathan Lane, Capt. Isaac Kelsey, for Killingworth.

Mr. Solomon Tracy, Mr. Stephen Frost, for Canterbury.

Mr. John Crerey, Capt. Thomas Stephens, for Plainfield.

Capt. Isaac Dickerman, Capt. Samuel Sherman, for New
Haven.

Mr. Tliaddeus Burr, Capt. John Burr, for Fairfield.

Colo. Hezh. Huntington, Mr. Ebenezer Backus, for Norwich.

Mr. Ebenezer West, Major Joseph Fowler, for Lebanon.

Capt. Asahel Strong, Capt. Win. Burnham, for Farmingtown.

Colo. Shubael Conant, Mr. William Johnson, for Mansfield.

Capt. Robert Walker, Mr. Elnathan Wheeler, for Stratford.

Capt. Charles Bulkley, Mr. John Day, for Colchester.

1748.] OF CONNECTICUT. 349

Mr. Ambrose Whittelsey, Capt. Jedadiah Chapman, for Say-
brook.
Mr. Jolin Griswould, Mr. Richard Lord, for Lyme.
Major Ebenezer Marsh, Capt. John Bird, for Litchfield.
Mr. Samuel Fitch, Mr. Elnathan Hanford, for Norwalk.
Mr. John Williams, Mr. Ebenezer Holbrook, for Pomfrett.
Mr. James Bicknal, Mr. Wm. Wadkins, for Ashford.
Colo. Hez''. Sabin, Mr. Boaz Stearns, for Killingly.
[441] Major Jabez Hamlin, Mr. Seth Wetmore, for Midle-

town.
Mr. John Ledyard, Capt. Robert Allen, for Groton.
Colo. John Williams, Capt. Rufus Minor, for Stoningtown.
Mr. Caleb Martin, Mr. Benja. Hecock, for Woodberry.
Mr. James Benedict, Mr. Samuel Olmstead, for Ridgfield.
Capt. Thos. Tousey, Mr. Henry Glover, for Newtown.
Capt. Nath'. Sutlief, for Fladdam.

Mr. Joseph Phelps, Mr. Benjamin Skinner, for* Hebron.
Colo. Samuel Hill, Capt. Timothy Stone, for Guilford.
Capt. Nath'. Holcomb, Capt. James Case, for Symsbury.
Mr. Samuel Canfield, Mr. Paul Welch, for New Milford.
Capt. Timothy Hopkins, Mr. James Baldwin, for Waterbury.
Capt. Moses Hawkins, Mr. i\.bel Gun, for Derby.
Capt. Nath'. Harrison, Mr. Jonath. Russell, for Brandford.
Capt. James Bebee, Mr. Thomas Benedict, for Dan bury.
Mr. James Cone, for East Haddam.
Mr. Nathan Camp, Mr. James Wadsworth, for Durham.
Capt. Pelatiah Allyn, Mr. Mathew Rockwell, for Windsor.
Colo. Thomas Welles, Speaker, i of the House of Repre-
Capt. John Fowler, Clerk, \ sentatives.

This day being appointed by the royal charter and the laws
of this Colony for the election of the publick officers of the
Colony, (^vis:} Governor. Deputy Governor, Assistants, Treas-
urer, and Secretary, proclamation was made, and the freeman
proceeded to give in their votes to persons appointed by the
Governor, Council and Representatives, to receive, sort and
count them ; which persons were, Nathaniel Stanly, Samuel
Lynde, William Pitkin Thomas Fitch, Ebenezer Silliman,
John Bulkley, Andrew Burr, John Ciiester, Esq'"«, Mr. Joseph
Buckingham, Major Jabez Hamlin, Capt. Nathan Baldwin,
Mr. James Wadsworth, Mr. Richard Lord, Mr. John Ledyard,
Colo. Jonathan Hoit, Mr. Elnathan Wheeler, Capt. Eliezer
Carey, and Major Joseph Fowler, who were all sworn to a
faithtul discharge of that trust. And the freemen's votes be-
ing brought in, sorted and counted.

The Honourable Jonathan Law, Esq"", was chosen Governor

350 PUBLIC RECORDS [May,

of this Colony for the year ensuing, and the Governor's oath
prescribed by the law of this Colony, and the oath required
by act of Parliament, relating to trade and navigation, were
administered to him by his Honour the Deputy Governor in
presence of the Assembly.

James Wadswprth, Esq"", Ebenezer Sillimaii, Esq"",

Nathaniel Stanly, Esq"", Jonathan Trumble, Esq"",

Samuel Lynde,Esq'", Hezekiah Huntington, Esq"",

William Pitkin, Esq"", John Bulkley, Esq'',

Thomas Fitch, Esq^, Andrew Burr, Esq^

Roger Newton, Esq"", John Chester, Esqf,

were chosen Assistants for the year ensuing, and the Assis-
tant's oath provided by law was administred to them by his
Honour the Governor.

John Whiting, Esq"", was chosen Treasurer of this Colony
for the year ensuing, and had the Treasurer's oath provided
by law administred to him by his Honour the Governor.

George Wyllys was chosen Secretary of this Colony for the
year ensuing, and had tlie Secretary's oath provided by law
administred to him by his Honour the Governor, in the
presence of the Assembly.

[442] The several members of this Assembly who had not
taken the oaths provided by act of Parliament instead of the
oaths of allegiance and supremacy, now took the said oaths,
and likewise the oath of abjuration, and made the declaration
against popery.

Ordered^ That Hezekiah Huntington, Esq^ and Colo. John
Williams return the thanks of this Assembly to the Rev^. Mr.
Nathaniel Eells, for his sermon delivered on the 12th day of
May instant before the Assembly, and desire a copy thereof
that it may be printed.

This Assembly do appoint the Honourable Roger Wolcott,
Esq"", to be Chief Judge of the Superior Courts in this Colony
for the year ensuing.

This Assembly do appoint James Wadsworth, Esq'", William
Pitkin, Esq"", Ebenezer Silliman, Esq'', and John Bulkley, Esq'',
to be Judges of the Superior Courts in this Colony the year
ensuing.

This Assembly do appoint William Pitkin, Esq"", to be Judge
of the County Courts in the county of Hartford the year
ensuing.

This A.ssembly do appoint Roger Newton, Esq"", to be Judge
of the County Courts in the county of New Haven the year
ensuing:.

1748.] OF CONNECTICUT. 351

This Assembly do appoint Samuel Lynde, Esq'', to be Judge
of the County Courts in the county of New London the year
ensuing.

This Assembly do appoint Andrew Burr, Esq"", to be Judge
of the County Courts in the county of Fairfield the year
ensuing.

This Assembly do appoint Jonathan Trumble, Esq'", to be
Judge of the County Courts in the county of Windham the
year ensuing.

This Assembly do appoint Joseph Buckingham, Esq"", to be
Judge of the Court of Probate in and for the district of Hart-
ford the year ensuing.

This Assembly do appoint John Bulkley, Esq"", to be Judge
of the Court of Probate in and for the district of East Haddam
the year ensuing. '

This Assembly do appoint Ebenezer Marsh, Esq'", to be Judge
of the Court of Probate in the district of Litchfield the year
ensuing.

This Assembly do appoint John Hubbard, Esq'", to be Judge
of the Court of Probate in the district of New Haven the year
ensuing.

This Assembly do appoint Samuel Hill, Esq^, to be Judge
of the Court of Probate in the district of Guilford the year
ensuing.

This Assembly do appoint John Richards, Esq"", to be Judge
of the Court of Probate in the district of New London the
year ensuing.

This Assembly do appoint Ebenezer Silliman, Esq'", to be
Judge of the Court of Probate in the district of Fairfield tiie
year ensuing.

This Assembly- do appoint Joseph Minor, Esq"", to be Judge
of the Court of Probate in the district of Woodberry the
year ensuing.

This Assembly do appoint Jonathan Hoit, Esq"", to be Judge
of the Court of Probate in the district of Standford the year
ensuing.

This Assembly do appoint Thomas Benedict, Esq"", to be
Judge of the Court of Probate in the district of Danbury the
year ensuing.

This Assembly do appoint Jonathan Trumble, Esq"", to be
Judge of the Court of Probate in the district of Windham
the year ensuing.

This Assembly do appoint John Crerey, Esq"", to be Judge

352 PUBLIC RECORDS [May,

of the Court of Probate in the district of Plaiiifield the year
ensuing.

This Assembly do appoint Thomas Welles, Henry Allyn,
Jabez Hamlin and Joseph Buckingham, Esqi'S to be Justices
of the Peace and Quorum in and for the county of Hartford
the year ensuing.

[448] This Assembly do appoint Joseph Pitkin, George
Wyllys, Joseph Talcott, David Goodrich, Edward Bulkley,
Elizur Goodrich, Roger Wolcott jun'^, William Wolcott jun"",
Daniel Bissell, William Wadsworth, Thomas Hart, Asahel
Strong, Tho^ Hart 2d, Giles Hall, Joseph White, Seth Wet-
more, Tliomas Johnson, Hezekiah Brainerd, Stephen Horsmer
jun'", John Humphrey, Joseph Wilcoxson 2d, Jonathan Hale,
Nathaniel Foot, Epaphras Lord, Charles Bulkley, Benja. Skin-
ner, Joseph Phelps, Ebenezer Marsh, Joseph Bird, Thomas
Pitkin, Zebulon West, Sam'. Dimmock, Isaac Kellogg, Cyprian
Webster, Timothy Hatch, George HoUoway, Ebenezer Lyman,
John Beach, David Whitney, Thomas Addams, Daniel
Edwards, David Hubbard, and Joseph Hooker, Esqi's, to be
Justices of the Peace in and for tlie county of Hartford the
year ensuing.

This Assembly do appoint Samuel Hill, Benjamin Hall,
John Fowler and John Hubbard, Esq""*, to be Justices of the
Peace and Quorum in and for the county of New Haven the
year ensuing.

This Assembly do appoint Robert Treat, Nathan Baldwin,
Isaac Dickerman, John Hitchcock, Deodate Davenport, Sam-
uel Sherman, John Russell, Jonathan Russell, Nathaniel
Harrison, Andrew Ward, Thomas Hotchkins, Samuel Hopson,
Timothy Stone, Elihu Chauncey, Theophilus Yale, Samuel
Hall, Elihu Hall, Ezekicl Royce, John Southmaid, Thomas
Clark, Thomas Mathews, John Riggs, Samuel Bassett, Samuel
Riggs, Timothy Russell, Samuel Canfield, Nathaniel Bost-
wick, Samuel Hutchinson, John Williams, Thomas Chipman,
Sam'. Sacket, John Prout, and Paul Welch, Esq''% to be
Justices of the Peace in and for the county of New Haven
the year ensuing.

This Assembly do appoint John Griswould, Christopher
Avery jun' , Richard Lord, Isaac Huntington and Jeremiah
Miller, Esq''% to be Justices of the Peace and Quorum in and
for the county of New London the year ensuing.

This Assembly do appoint Simeon Minor, Joseph Denison,
Nathan Cheesbrough, John Whiting, Humphrey Avery, Jeda-
diah Tracy, Samuel Morgan, Nathaniel Brown, John Ledyard,

1748.] OP CONNECTICUT. 353

Luke Perkins, Joshua Hempstead, John Richards, Gurdon
Saltonstall, Daniel Coit, Joshua Raymond, Steplien Lee, Jabez
Hide, Samuel Lothrop, Ebenezer Backus, Daniel Huntington,
Daniel Ely, Elisha Shelden, Benja. Lee, Jedadiah Chapman,
^Nathaniel Clark, John TuUey, Ambrose Whittelsey, Abraham
Pierson, Isaac Kelsey, Benjamin Gale, Elnathan Stephens,
Samuel Coit, Samuel Prentiss, Nathan Smith, Wm. Williams,
Abraham Waterhouse jun^ Esq""*, to be Justices of the Peace
in and for the county of New London the year ensuing.

This Assembly do appoint Edmund Lewiss, John Thompson,
Jonathan Hoit, William Preston, Esq""^, to be Justices of the
Peace and Quorum in and for the county of Fairfield-the year
ensuing.

This Assembly do appoint Joseph Minor, Noali Hinman,
Joseph Blackleach, Samuel Addams, Robert Walker, Theophi-
lus Nickols, William Burr, Thomas Tousey, Job Sherman,
Thaddeus Burr, Jolin Read, Samuel Sherwood, Moses Dimon
jun"", James Bebee, Thomas Benedict, Samuel Grigory, James
Benedict, Richard Olmstead, Samuel Handford, James Lock-
wood, Samuel Fitch, Samuel Betts, Jonathan Maltbie, Nathan-
iel Peck, Ebenezer Mead, Israel Knapp, Bphraim Hubbell,
Hezekiah Hooker, Samuel Olmstead, Esq's, to be Justices of
the Peace in and for the county of Fairfield the year ensuing.

This Assemljly do appoint Ebenezer West, Shubael Conant
and John Dyer, Esq", to be Justices of the Peace and Quorum
in and for the county of Windham the year ensuing.

This Assembly do appoint Jonathan Huntington, John
Crerey, Thomas Storrs, Joseph Leavinze, Joseph Fowler,
Joseph Cadey, Nathaniel Huntington, Thomas Tiffany, James
Bicknal, Nathaniel Wales, Ebenezer Wales, Eliphalet Dyer,
Joseph Clark, Joseph Palmer, Phinehas Strong, Ebenezer
Holbrook, John Smith jun"", Samuel Danielson, William Met-
calf, William Marsh, Joseph Strong jun'', and Joseph Holland,
Esq'"% to be Justices of the Peace in and for the county of
Windham the year ensuing.
An Act in further Addition to an Act entituled An Act for Highways.

Be it enacted by the Grovernor, Council a7id Representatives^ in
G-eneral Court assembled, and by the authority of the same,
Tliat if any person obliged by law to work in highways, and
be thereunto lawfully warned, shall refuse or neglect to attend
such service according to the warning given, he shall forfeit
for every days neglect the sum of five shillings new tenour,
and ten shiUings of the same tenour for a man and team,
which forfeitures shall be recovered and improved as in said
act is provided.
45

354 PUBLIC RECORDS [May,

And it is further enacted, That the several surveyors of high-
[444] ways in this Colony shall be liable to render an account ||
of the improvement of all such forfeitures as shall by tliem ]je
recovered to the assistant or justice who granted out a distress
for the same, witliin twenty days after the recovery of such
forfeiture; and if it appear to such assistant or justice that
any such surveyor hath neglected to improve such money ac-
cording to the direction of said act, that then, in such case,
such assistant or justice are hereby authoi'ized and impowered
to grant a distress against the goods or cliattels of such sur-
veyor for collecting such sum or sums as shall be found not
to be improved as aforesaid, and the same to be delivered to
tlie treasurer of the town where such distress is made.

An Act in Addition to an Act entituled An Act for directing Pence- View-
ers wliat Fence shall be accounted sufQcient.

Whereas disputes have arisen in many parts of this Colony,
whether stone wall four feet high shall be adjudged good and
sufficient fence : Which to prevent.

Be it enacted hy the Crovernor, Council and .Repreftentafives,
in General Court assembled, and by the authority of the same,
That all stone wall, four feet high, well and substantially
erected, shall be adjudged good and sufficient fence.

An Act for reviving and further continuing an Act entituled An Act
for regulating of Fees, made m May last.

Whereas said act was made to continue for the space of one
year only, which is now expired.

Be it therefore enacted by the Grovernor, Council and Represen-
tatives, in General Court assembled, and by the authority of
the same. That said act be revived, and the same in all the
parts and paragraphs thereof is hereby revived and made
of full force till the rising of this Assembly in May next.

An Act for stating the Fare of Smith's Ferry at Glassenbury across
Connecticut River.

Be it enacted by the Governor, Council and Representatives,
in General Court assembled, and by the authority of the same,
That the fare of said ferry for the future shall be one shilling
for man, horse and load; for single man, six pence, and for
single horse, nine pence ; all old tenour.

This Assembly doth impower and order Capt. Titus Hurl-
burt to inlist twenty effective men, in equal proportion out of
the two military companies in the town plot in New London,
to attend at the battery in said New London, there to be exer-
cised in the best manner to qualify them so as to improve said
battery to the best delencc of that port and place and the most
effectual repelling any aggressor ; which company is ordered
at all times, at half an hour's warning, to be in readiness to
attend on every emergency, and particularly to appear and

1748.] OF CONNECTICDT. 356

attend two days in a montli, from the first of June to the first
of November, and do duty, for which two days they shall be
allowed souldicj's wages, and ai-e to be under the same regu-
lation with otiier militaiy companies, and shall be exempt from
all duty in the comi^anies from which they were detached, dur-
ing tlie time of said five months.

Resolved by fhu Assembly^ That Titus Hnrlburt, captain of
the battery at New London, be allowed the sum of forty pounds
old tenour, for his last years service in the capacity aforesaid,
to be paid out of the publick treasury.

Whereas Ca])t. Michael Burnham, commander of the Colony
sloop Defence, hath r(>prescnted to tliis Assembly that he hath
lately taken a Frencli snow, (suj»posing her to be lawful prize,)
and liath bro't her into the port of New London : This Assem-
bly do thereu[)on constitute, appoint and fully impower, Thos.
Pitch, Esq', to be Agent for this government, to pursue all
lawful and proper methods in order to a tryal and condemna-
tion of said snow and cargo, and do everything necessary and
proper to be done by this government while the said affair
may be depending, and to take into his care and make dis|)o-
sition, if he thinks fit, of all such share or interest in said
snow and cargo as may be adjudged to belong to this govern-
ment.

[445] Resolved by this Assembly^ That the wages for offi-
cers and souldiers in the service of this Colony shall be as
foUoweth, {viz :^

To a captain, per week, (old tenour bills,)
To a lieutenant, do., -----

To an ensign and cornet, - _ -

To a sergeant and corporal of troop, -
To a clerk, ------

To a corporal of foot company, - - -
To a centinel, -----

And all persons that shall victual any officer or souldier in
their march in the Colony service (when thereto required)
shall be allowed three shillings per meal, and for boarding
tnem by the week shall be allowed twenty-four shillings per
week.

Whereas John Fowler and Samuel Bassett, Esq"^*, who were
appointed by this Assembly in May last to make sale of the
estate of Samuel Weed, the whole of whose estate was for-
feited to this government on his, the said Weed's, being con-
victed before the superior court of counterfeiting bills of pub-
lick credit on this Colony, have informed this Assembly that
they, the said Fowler and Bassett, have now in their hands

£6

16s. 6d,

856 PUBLIC RECORDS [May,

sundry bonds and notes for money given by sundry persons
to said Weed, which amount to upwards of four hundred
pounds, and thereupon praying for direction in the premises :
Whereupon it is resolved, that as things in action as well as
other estate of the said Weed are forfeited and belong to this
government by the law in such cases provided, the said bonds
and notes shall be sued and the money thereby due demanded
in the name of the Governor and Company of this Colony ;
and the said John Fowler and Samuel Bassett, and each of
them, are hereby impowered and appointed, in the name of
the Governor and Company of this Colony, to sue for, recover
and receive, all such sum and sums of money as are due by
such bonds or notes given by any person or persons to the
said Weed, that are or shall come into the hands or posses-
sion of the said Fowler and Bassett, or either of them, and
upon receipt thereof full discharge and acquittance to give.
And they are hereby directed, upon the receipt of said money,
to pay the same into tlie Colony treasury, taking the Treasur-
er's receipt for the same, and lodge such receipt with the Sec-
retary of this Colony.

This Assembly do nominate and appoint Capt. William
Chandler, of Killingiy, to be Surveyor of Lands in and for
the county of Windham.

This Assembly! do nominate and appoint Mr. Edmund Free-
man, of Mansfield, to be Surveyor of Lauds in and for the
county of Windham.

Whereas this Assembly, at their sessions in October last,
did, upon the memorial of Jasper Starr and others, appoint
Messrs. Samuel Lynde, Jeremiah Miller, Christopher Avery
and John Ledyard, or any three of them, as a court of equity,
to take knowledge of all those persons that were imployed on
board the country sloop in the expedition against Cape f^re-
ton, and their legal representatives, and at the suit of any or
either of them, (after due notice thereof to the executors of
Capt. Prentiss being given by the parties that shall put in his
claim to any part of the five thousand pounds for which the
prizes taken in said expedition were sold,) to hear the parties
and award execution ; and the said commissioners have made
report that sundry difficulties have hitherto obstructed their
proceedings : 'Tis now resolved by this Assembly, that the
said commissioners have j)ower, and they are hereby impow-
ered, to appoint a clerk, if need be, and swear him, and to tax '
costs as they shall find just and reasonable ; and execution
by them awarded shall be levyed by any officer as executions
in all other cases arc ; and the commissioners shall be allowed

1748.] OF CONNECTICUT. 357

ten shillings per diem new tenour, to be paid them by the per-
sons calling them to said service.

This Assembly orders the Treasurer to pay out of the pul)-
lick treasury to Capt. Titus Hurlburt the sum of seventy-eight
pounds six shillings and ten pence old tenour, for the cost of
a new flag by him provided for the fort which he commands
in New London. ■

[446] The Additions to the Lists of Estate of the several Towns in this

Government hereafter mentioned, sent in to this Assembly,

are as follow, (viz:)

Single Additions. Fourfold Assessments.

To New London,

453

- 1793

To Preston,

549

6 -

To Greenwich,

1397

To Lebanon,

1449

0 -

To Newtown,

295

To Mansfield,

lOG

0 -

To Farmingtown,

848

- 1683

To Weathersfield,

443

6 -

To Hartford,

907

- 3136

To Fairfield,

1375

9 -

To Windham,

936

To Lyme,

419

0 -

- 53

To Stoningtown,

974

- 8075

To Norwich,

123

9 -

- 559

To Guilford,

462

To Norvvalk,

1789

li -

- 223

To New Haven,

352

- 1352

To Wallingford,

821

o
•J

To Woodberry,

860

To Voluntown,

0 -

- 526

To Hebron,

1476

To Stanford,

668

9 -

- 197

To Killingsworth,

557

To East Haddam,

668

0 -

To Stratford,

3926

To Canterberry,

140

0 -

- 216

To Coventry,

To Tolland,

0 -

To Danberry,

119

To Haddam,

153

0 -

To AVindsor,

2260

To Saybrook,

1012

0 -

- 81

To Ridgfield,

To Derby,

574

6 -

To Ashford,

274

358 PUBLIC RECORDS [May,

Single Additions. Fourfold Assessments.

<£ s. d.

To New Mil ford,

To Ponifrett,

579

To Plaiiificld,

450

To Cxroton,

354

To Glassenbuiy,

148

To Midlctovvii,

1659

To Symshiiry,

1684

To Colchester,

1702

To Killiiioly,

409 4 0

U|»oii the petition of Nathaniel Johnson, of Guilford in the
county of New Haven, vs. Charles Caldwell, of said Guilford,
rei)rtsenting to this Assembly that Joseph Tuniery, late of said
Guilford now deceased, in his life time, for the consideration
of thirty-one pounds money which said Tumery owed to the said
Caldwell, made and executed his deed of about eighty acres of
land in said Guilford, and bounded as in said deed is set forth,
dated the first day of April, 1734, and that the said Caldwell gave
his bond of two hundred and sixty pounds to the said Tuniery
for the reconveyance of said lands upon the said Turnery's
paying to the said Caldwell the said sum of thirty-one pounds
by the first day of September next after the date of said deed,
and that the said Tumery had paid said sum on or about that
time, and having made his last will and testament dated the
8th day of September, 1743, and therein and thereby gave
[447] and devised to the said Johnson all his estate and made ||
him sole executor, died a souldier at Louisboui-g about the 29th
day of Januai'y, 1745; prnying this Assembly to order a con-
veyance of said lands to the petitioner, or so much money as
the said land is worth, as by the petition on file appears : It
is granted, enacted and ordered by this Asscml)ly, that the said
Charles Caldwell, within two months from this time, make
and execute to the said Nathaniel Johnson a good, ample and
complcat deed of said eighty acres of land for the said John-
son's holding the same in fee, or, on failure thereof, to pay
unto the said Nathaniel Johnson the sum of two hundred and
sixty pounds old tenour bills of credit, lor which the Secre-
tary is hereby directed to grant execution in case said deed is
not made and executed according to the provision in this act
made. Cost allowed said Johnsofi vs. the said Caldwell, £1
5.S. 4^d. 7iew tenour bills. Ex. granted for the said £260 Os.
i)d. and cost, Oct. 6ih, 1748.

Upon the petition of James Rogers of New London, living
on the Great Neck in said town, son of James Rogers late de-
ceased, which deceased James was son of Joseph Rogers late

1748.] OP CONNECTICUT. 359

deceased, representing that Philip Tabor of said New London,
before the superior court hehl at Norwich in March last
against liini olitaiiied a final judgment, and execution thereon
issued and executed for surrendry of seizin and possession
of about fourteen acres of land in New London Great Neck,
&c., and that lie had at said tryal beoi disappointed of some
evidence ho had taken due care then to improve, and has also
since found new evidence then unknown of, and tiiereupon
praying reversal of said final judgment and lil)erty of' a new
tryal, &c. : Resolved by this Assembly, that the said finnl
judgment and execution, with all the doings thereon, be re-
versed and set aside, and that the petitioner be allowed an-
other tryal of said case at the superior court to be held at
New London in Sei)tembcr next, and that in case he sball re-
cover final judgment in said action, be sliall at the same time
have judgment to have and recover back from said Tabor all
such cost and damage as by virtue of said execution he hath
been compelled to pay, and be also rcseized of tlie said lands
by said execution taken from him, and also tbat all the cost
shall follow such final judgment.

Upon the petition of James Rogers the 8d, of New London,
complaining of a judgment of the county court holden at
Norwicli on the fourth Tuesday of November last past, given
by said court in a cause depending between said Rogers and
Pardon Tabor of said New London l)y a writ dated the 26tli
day of June, A. D. 1747, wberein the said Rogers set forth
that the said Pardon Tal>or secretly assaulted the said Rogers,
as by said writ appears; praying for relief ngainst the judg-
ment aforesaid, for tlie reasons assigned: Resolved by this
Assembly, that the aforesaid judgment be set aside, and tbat
the petitioner have liberty to enter his action at tbe county
court to be holden at New London on the 2d Tuesday of June
next, and to amend his process and prosecute tbe same to a
final issue in tlie law, and that the whole cost follow the final
judgment thereon.

Upon the memorial of Nathaniel Harrison, Joseph Frisbee,
Nathaniel Johnson and others, inhabitants of the first parish
in Brandford, setting forth the unhappy and divided state of
the inhabitants in said society, and that altbO there batli been
means used for the uniting and settling said parish in peace
and order, as well among tbemselves as with their minister,
Mr. Philemon Rol)bins, yet all endeavors have proved ineffect-
ual: This Assembly do therefore now recommend it to the in-
habitants of said society to call in for their help and to advise
them, the Rev'. Messrs. Eliphalet Addams of New London,

360 PUBLIC RECORDS [May,

Ebenezer Williams of Pomfrett, Benjamin Lord of Norwich,
Solomon Williams of Lebanon, Stephen Steel of Tolland,
Ashbel Woodbridge of Glassenbury, Noah Hobart of Fairfield,
with messengers from the respective churches that the said
reverend ministers stand related to. And this Assembly do
desire the said reverend gentlemen, with the messengers from
the said churches, to repair to said parish and to enquire into
their state and hear all parties there and give such advice to
the said Mr. Robbins and all other parties as they shall think
proper, that so peace and order may be restored to said parish.
And this Assembly do advise all parties in said parish with
freedom to lay their difficulties before said persons, when con-
vened as above directed; and this Assembly do expect all
parties will submit to such advice when given.

Upon the petition of James Harris vs. James Brown, dated
the 21st of April last, now preferred to this Assembly: Re-
solved, that Messrs. Robert Walker, Seth Wetmore and Elihu
Hall, be a committee to enquire into the matters complained
of in said petition and all matters relating thereto, and hear
the parties and evidences in the case, and make report of their
opinion thereon to this Assembly at the present sessions.

[448] Whereas his Honour the Governor hath laid before
this Assembly a letter from the duke of Bedford, one of his
Majesties principal Secretaries of State, dated the 25th of
February, 174|^, directed to the Governor and Company of
this Colony, and therewith the King's proclamation to explain
and enforce the prohibition of all trade and commerce with
the subjects of the French King by any of the subjects of the
King of Great Britain during the time of open war, and giv-
ing direction that the same be duly observed: Resolved by
this Assembly, that the said proclamation be published by the
several sheriffs in the respective counties of Hartford, New
Haven, New London, Fairfield and Windham; and in order
thereto, the Secretary of this Colony is directed to send at-
tested copies of said proclamation and of this act, to each of said
sheriffs, that so his Majesties subjects may be made acquainted
therewith.

Whereas his Plonour the Governor has laid before this As-
sembly a letter from Capt. Michael Burnham, captain of the
Colony sloop Defence, dated May 11th, 1748, requesting that
his orders might be made more extensive and particular:
Therefore, resolved by this Assembly, that his Honour the
Governor be desired to grant to Capt. Burnham a Letter of
Marque, with such orders and directions as to the jdaces to
which he shall go for the improvement thereof as to his Hon-

1748.] OF CONNECTICUT. 361

our shall (by the advice of the committee appointed to assist
him) seem best.

This Assembly do establish and confirm Mr. Jonathan
Hunger to be Ensign of the 4th company or trainband in the
town of Woodberry, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. John Bald-
win to be Ensign of the 2d company or trainband in the town
of Stoningtown, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Abraham
Kimberly to be Ensign of the first company or trainband in
the town of Newtown, and order that he be commissioned
accordingly. '

This Assembly do establish and confirm Mr. Edward Hall to
be Ensign of the 3d company or trainband in the town of
Stoningtown, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Andrew Les-
ter to be Lieutenant of the 2d company or trainband in tlie
town of Preston, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Joseph Billings
jun"", to be Ensign of the second company or trainband in
the town of Preston, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Jonathan
Robbiiis to be Captain of the 1st company or trainband in the
6th regiment of this Colony, and order that he be commission-
ed accordingly.

This Assembly do establish and confirm Mr. Ebenezer Bel-
den to be Lieutenant of the 1st company or trainband in the
6th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr, Timothy Wright
to be Ensign of the 1st company or trainband in tlie 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Deodate Dav-
enport to be Captain of the 3d company or trainband in the
town of New Haven, and order that he be commissione ac-
cordingly.

This Assembly do establish and confirm Mr. Isaac How to
46

362 PUBLIC RECORDS [May,

be Lieutenant of the 3d company or trainband in the town of
New Haven, and order tliat he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Hem-
ingway to be Ensign of the 3d company or trainband in the
town of New Haven, and order that he be commissioned ac-.
cordingly.

This Assembly do establish and confirm Mr. Joseph Prentice
to be Captain of the 6th company or trainband in the town
of New London, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. William
Douglass to be Lieutenant of the 5th company or trainband in
the town of New London, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Jonathan Lyon
to be Captain of the west company or trainband at Horseneck
in the town of Greenwich, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Banks
to be Ensign of the west company or trainband at Horse-
neck in the town of Greenwich, and order that he be com-
missioned accordingly.

[449] This Assembly do establish and confirm Mr. David
Doming to be Lieutenant of the 3d company or trainband in
the 6th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Elijah Stanton
to be Cornet of the troop of horse in the 8th regiment in
this Colony, and order that he be commissioned accordingly.

This Asseml)ly do establish and confirm Mr. James Packer
junr. to be Quarter-Master of the troop of horse in the 8th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. George Holmes
to be Lieutenant of the company or trainband in the parish of
New Salem, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Isaacs
to be Quarter-Master of the troop of horse in the 9th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Samuel Jarvis
jun^ to be Cornet of the troop of horse in the 9th regiment
in this Colony, and order that he be commissioned accord-
ingly.

1748.] OF CONNECTICUT. 363

This Assem1)ly do establish and confirm Mr. Abraham
Morehouse to be Captain of the first company or trainband in
the town of Fairfield, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Samuel Wake-
man to be Lieutenant of the first company or trainband in the
town of Fairfield, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. David Allen to
be Ensign of the 1st company or trainband in the town of
Fail-field, and order tliat he be commissioned accordingly.

This Assembly do establish and confirm Mr, John Warner
to be Lieutenant of the 2d company or trainband in the town
of New Milford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Hitch-
cock to be Ensign of the second company or trainband in the
town of New Milford, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Joseph Bart-
lett to be Captain of the 2d company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Stone
to be Lieutenant of the 2d company or trainband in the 7th
regmcnt in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joshua Pen-
dleton to be Ensign of the 2d company or trainband in the
7th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. James Brews-
ter to be Cornet of the troop of horse in the .5th regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. James Lazel
to bo Quarter-Master of the troop of horse in the 5th regi-
ment in this Colony, and order tliat he be comniissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Nathan Reed
to be Ensign of tlie company or trainband at the parish of
Midlesex, and order that he be commissioned accordingly.

This Assembly do appoint Roger Newton, Esq'', to be Lieu-
tenant Colonel of the second regiment in this Colony, and
order that he be commissioned accordingly.

364 PUBLIC RECORDS [May,

This Assembly do appoint John Russell, Esq"", to be Major^
of the second regiment in this Colony, and order thas he be
commissioned accordingly.

This Assembly do appoint John Dyer, Esq"", to be Colonel
of the eleventh regiment in this Colony, and order that he be
commissioned accordingly.

This Assembly do appoint Hezekiah Sabin, Esq'', to be
Lieutenant Colonel of the 11th regiment in this Colony, and
order that he be.commissioned accordingly.

This Assembly do appoint John Holland, Esq"", to be Major
of the 11th regiment in this Colony, and order that he bo com-
missioned accordingly.

This Assembly do establish and confirm Mr. John Grover
to be Lieutenant of the 4th company or trainband in the 11th
regiment in this Colony, and order that he be commissioned
accordingly.

[460] This Assembly do establish and confirm Mr. Samuel
Humphrey to be Lieutenant of the oth company or trainband
in the town of Symsbury, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Nathaniel Cook to
be Captain of the 8th company or trainband in the town of
Norwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Tracy,
jun"", to be Lieutenant of the 8th company or trainband in the
town of Norwich, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Joseph Tracy
3d to be Ensign of the 8th company or trainlmnd in the town
of Norwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Nathaniel Rob-
bins to be Ensign of the 9th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

Upon the petition of Joseph Barnerd vs. Isaac Sheldon,
dated the 10th day of March last and now preferred to this
Assembly: Resolved, that Messrs. Ebenezer West, Jolin Led-
yard and Timothy Stone, Ije a committee to enquire into the
matters complained of in said petition, hear the parties and
their evidences, and make examinations of the parties under
oath if they judge proper, and report to this Assembly what
they find, together with their opinion what is just and right to
be done in the premises.

Upon the memorial of Daniel Alden, of Stafford, agent for

1748.] OF CONNECTICUT. 365

said town, representing that at the sessions of the General
Assembly of this Colony, at Hartford in May, 1718, a com-
mittee was appointed to procure said town to be laid out and
settled, (fee, and that Messrs. James Wads worth, John Hall
and Hezekiah Brainerd, three of said committee, did accord-
ingly soon after, by the assistance of Mr. Surveyor Kimberly,
survey and lay out the same, and also proceed to lay out a
number of house lots and other lots and parcels of land for
pious uses, highways, and also to the admission of settlers in
said town under the regulations and restrictions by them
agreed upon, and to assign to each one so admitted their par-
ticular allotments, and thereof and of other their proceedings
made a rough and informal draught; tliat, whether by death
or other inevitable providence, it hath so happened that said
committee have been prevented perfecting said undertaking,
so the minutes of their said proceedings still remain unfinished
and unattested, and in part concealed in private hands, inso-
much as that they, the settlers and inhabitants of said town,
remain to this day destitute of any proper and legal records
of the original titles of their respective allotments or of the
allotments of those under whom they claim and hold ; and
praying relief in the premises: Resolved by this Assembly,
that Colo. James Wadsworth, Colo. Jonathan Trumble and
Colo. Joseph Pitkin, or any two of them agreeing, be a com-
mittee to repair to said town and there to enquire after and
discover all and all manner of papers or writings by said
former committee made or procured to be made, whether fin-
ished or unfinished, relating to the premises, and by examin-
ing of all witnesses, parties or persons therein interested or
not, under oath or otherwise, as well as by any other evidence,
to discover whatever, touching the laying and dividing out said
township and settling the same, hath by said former committee
been done or agreed to be done, unto whom they assigned or
intended or ought to have assigned the several allotments of
land there; and to this end, all and every paper or writing by
said committee made, thereto relating, of any and every per-
son withholding the same to demand and receive, all proper
and needful oaths to administer, and all and every person or
persons before them to appear and give evidence in the pre-
mises, also to disclose and on demand to deliver up all papers
or writings made as abovesaid, by all lawful means to compel,
as occasion may be ; and such draught, form or description of
said township, surveys or divisions, either for publick or pious
uses or particular persons, as they shall find either by said
former committee to have been proceeded to or concluded on,
or may find still further necessary to be made for tl>e safety

366 PUBLIC RECORDS [May,

and security of said town and the settlers or just and real
[451] owners thereof, their heirs || and assigns, to exhibit be-
fore this Assembly in their sessions at New Haven in October
next, and that they also then report their opinion thereon, and
what further may then remain needful or expedient to be done
in the premises, and all at the cost of the inhalntants of said
town of Stafford or the projorictors of said land, as the said
committee shall judge just and reasonable.

Resolved hi/ this Assembly, Tliat the Secretary send a copy
of the following advertisement to Colo. Jonath. Trumble,
attested by order of tliis Assemljly, and signify to him that it
is the pleasure of this Assembly that he cause the same to be
printed in the weekly print called tbe Post-Boy.
Advertisement.

Whereas there has been a certain strolling woman passing
up and down this Colony, sometime by tlie name of Mary
Rogers, sometimes Mary Remington, and sometimes by other
names, and is a person of evil name and fame for stealing and
many disorders, to the disturbance of his Majesties good peo-
ple, wliich woman it is said many times dresses in men's ap-
parrel, who is still supposed to be wandering about in this
Colony, being a woman of middling stature, about thirty-five
years of age, and it is said hath two scars on the back part of
her neck concealed by her apparrel: Tiiese are therefore to
warrant and direct any and every person that shall find the
said woman within this Colony, to seize and secure her and
carry her to the next justice of the peace, who is hereby di-
rected to examine her and thereupon to commit her to the
common goal in the county where she shall be apprehended,
there to remain until the next sessions of the county court in
such county, unless she procure good and sufficient bail for her
personal appearance before such court to answer all such mat-
ters as shall be alledged against her respecting any the matters
aforesaid, or whatever else may be alledged against her on his
Majesties behalf; and that such person who shall thus seize,
secure and carry her to such justice, as aforesaid, shall have
twenty pounds old tenour reward, on his making oath before
such justice that she was taken in this Colony.

On the petition of Samuel Clark, of the town and county of
New Haven, &c., vs. Thomas Clark and Gamaliel Clark, both
of Milford, Thomas Touscy of Newtown, and Richard Bryan
juu»", and Mehitabel Ingersole, both of Milford, &c., as on file:*

* He petuioued for a new trial, claiming tliat the superior court, in giving judg-
ment, February term, 1746-7, that lands descended to and ought to be divided
among all the children of an intestate, missed the law. In his petition he cites
at length the decree of the King in Council on the appeal of Winthrop against
Lechmere.

1748.] OP CONNECTICUT. 367

The question was put, whether the pleas offered by the re-
spondents in abatement of said petition are sufficient to abate
the same: Resolved by this Assembly in the affirmative. Cost
allowed respondents X4 5s. Id. new tenour bills. Ex. granted
June 4th, 1748.

On the petition of John Soper, of Windsor, vs. Enoch Drake
and Lydia Drake, both of said Windsor, &c., on file, dated
April 28th, 1748: The question was put, whether anything
prayed for in said petition should be granted: Resolved by
this Assembly in the negative. Cost alloived respondents XI
19s. ^d. new tenour. Ex. granted., Jidy 2, 1748.

On the petition of Bevil Seymour, of Weathersfield, Isaac
Norton and Sarah his wife, of the parish of Kensington, Au-
gustus Stanly and Alice his wife and Jerusha Seymour, all of
Hartford, <fec., on file, dated May 3d, 1748, vs. Thomas Sey-
mour, and Nathaniel Seymour and Mary his wife, and Elisha
Smith and Ruth his wife, all of Hartford: The question was
put, whether any thing should be granted &c. : Resolved by
this Assembly in the negative.

On the petition of John White, of Hartford, vs. Hugh
White, of Midletown, on file, dated May 2d, 1748: The ques-
tion was put, whether the prayer of the petitioner should be
granted: Resolved by this Assembly in the negative.

On the petition of Charles Wilcox and Jerusha Wilcox,
minors, both of Midletown, by their guardians John Wilcox
and Benja. Cornwell, Ichabod Andruss, a minor, of Farming-
ton, by his guardian David Andruss, and Silas Wells of Glas-
senbury, vs. Moses Bush, of Midletown, on file, dated May
4th, 1748: The question was put, whether the prayer of said
petition should be granted : Resolved by this Assembly in the
negative.

On tlie petition of Timothy Parsons, of Durham, vs. Hope
Halley, of Midletown, &c., on file, dated April 28th, 1748:
The question was put, whether the prayer of the petitioner
should be granted : Resolved by this Assembly in the negative.
Cost allowed resjjoyident X3 12s. 3c?. neiv tenour. Ex. granted
September 12th, 1748.

[452] On the petition of John Banister, of Newport in the
Colony of Rhode Island, Samuel Banister, of Stoningtown in
the county of New London, and William Bowen and Frances
his wife, of Boston, &c., on file, dated March 29th, 1748: The
question was put, whether the prayer of said petition should
be granted: Resolved by tliis Assembly in the negative.

On the petition of Robert Turney and Timothy Wheeler, of

368 PUBLIC RECORDS [May,

Fairfield, two of the proprietors of the common and undivided
land in the town of" Fairfield, and the rest of the proprietors
of said common and undivided land <fec., on file, dated April
80th, 1748, vs. Tho« Hill, Esqs of Fairfield: The question
was put, whether the prayer of said petition should be granted:
Resolved by this Assembly in the negative. Cost allotved
respondents is X3 4s. Od. new tenour. Ex. granted June 24th,
1748.

Upon the representation made by Ephraim Smith, one of
the listers of the town of Stoningtown for the year 1747, shew-
ing to this Assembly, on behalf of himself and other listers
in said town for said year, that they did, upon inspection of
the list for the year 1747, make a fourfold assessment upon
divers of the inhabitants of said town, for estates left out of
the list, near about the sum of eight thousand pounds, accord-
ing to the direction of the law, and that sundry persons, pre-
tending to be aggrieved by their assessments, have applied to
several gentlemen in said town who are justices and selectmen,
to have their assessments abated ; informing also that the
authority and selectmen who have granted bills of abatement
are all of them assessed fourfold for part of their estates left
out, and not indifferent judges in the affair, &c. : This Assem-
bly taking into consideration the case represented as above-
said, and being desirous to prevent injustice being done, do
hereby appoint Messrs. John Ledyard, Dudley Woodbridge, of
Groton, and John Richards of New London, a committee on
behalf of this Assembly, who are hereby directed in some
proper form to give publick notice to the parties concerned, that
those that are aggrieved by the assessments aforesaid may lay
their grievances before them for relief,w]ioare hereby impowered
to grant such relief as they shall find just; and no person in
said town shall take benefit by any bill of abatement obtained
for any of the assessments laid upon them by the said listers,
unless such as have been and shall be allowed by the said listers
or the committee.

Upon the memorial of Abraham Wanser and others, inhab-
itants of the town of New Fairfield, shewing to this Assembly
that the people of said town have fallen into great contentions
about their meetings for the choice of town officers in Decem-
ber last, and praying for relief: Resolved by this Assembly,
that the proceedings of said inhaljitants in their towji meet-
ings in December last were irregular, and the same are hereby
declared to be null and void. And that proper officers for the
current year may be appointed in said town, the persons that
were selectmen in the town of New Fairfield in the year 1747,

1748.] OF CONNECTICUT. 369

are hereby ordered and directed to cause all the inhabitants
in the said town to be jjcrsonally warned to meet in said New
Fairfield at such time and |)lace as shall be apj)ointed for tliat
purpose l)y Samuel Canficld, Esq"", of New Milford, who is
hereby appointed moderator of said meeting and is hereby di-
I'ccted to lead the said iiduxbitants to the choice of all proper
town officers for the current year. And this Asseml)ly further
orders and directs, that all town meetings for the choice of
town officers, &c., in the said town of New Fairfield, for the
space of five years next coming, shall be warned by a notifi-
cation under the hands of the major part of the selectmen for
the time being, read to the said inhabitants, or notice thereof
left at the place of their usual abode, at least six days before
the meeting to be held for the purpose aforesaid.

Upon the report of John Bissell, Zebuloji West and Jona-
than Strong, representing that they had, pursuant to the ap-
pointment of this Assembly, viewed the circumstances of the
parish of Andover, and had affixed a place for the building a
meeting-house in said society about sixty rods northeast of the
centre of said society, in Mr. Aaron Pheli)s's homelot, and
al)Out twenty rods southwesterly of the said Phelps's dwelling
house, where they had set up a large stake, &g. : Resolved by
this Assembly, that the report of the said Messrs. Bissell, West
and Strong, be ai)proved, and the said place in the said Mr.
Phelps's homelot where they erected said stake be the place,
and it is hereby confirmed and established to be the place, for
building a meeting-house for publick worship in said society ;
the sills of said meeting-house to enclose the said stake.

[453] Upon the memorial of Stephen Sedgwick, of Farm-
ingtown, shewing to tliis Assembly that his son Stephen Sedg-
wick hath been and still is greatly disenal)led for bodily labour,
upon account of lameness in one of his hips, and praying this
Assembly that he may be released from paying all publick
taxes for his head for the future : Resolved l)y tliis Assembly,
that the memorialist's said son Stephen be released, and he is
hereby released, from paying of all publick taxes for his head
for the future.

Upon the prayer of Cask, an Indian belonging to the tribe
of Indians inhabiting in the township of Farmingtown, pray-
ing to this Assembly for liberty to sell an acre of land lying in
the meadow in the Indian Neck, so called, in said Farming-
town, for the enabling him to build an house and put inmself
into a capacity to live in a credible and civil manner, in some
degree after the English method ; and this Assembly being-
certified that the said Cusk from his behaviour in time past is
47

870 PUBLIC RECORDS [May,

likely to act prudently with the avails of said land : This As-
sembly do grant liberty to tlie said Cask to convey his right
to said acre of land, and any of the inhabitants of this Colony
to purchase the same.

Upon the memorial of Mr. Epaphras Lord, Daniel Hors-
ford and William Buel.. committee for the parish of Marl-
borough in the county of Hartford, shewing to tliis Assembly
tliat the inliabitants have agreed upon building a meeting-
house, and also universally agreed upon the place on which it
should be erected, which place agreed upon by said parish is
on the top of the hill on the east side of the highway joyning
to tlie highway about twenty-eight rods north of Mr. Ezra
Strong's dwelling house, and jiraying this Assembly to estab-
lish the said place for setting the meeting-house on : And it is
thereupon resolved and ordered by this Assembly, that the
inhabitants of the parish aforesaid shall build their meeting-
house for divine worship on the place above described, accord-
ing to the vote of the inhabitants of said parish.

Upon the memorial of Phinehas Strong, of Coventry in the
county of Windham, administrator on the estate of Mr. Noah
Rust, late of Coventry, deceased, shewing to this Assembly
that the said Noah Rust dyed in debt the sum of two hundred
and eighty-nine pounds sixteen shillings and six pence more
than all his moveable estate will pay, and that there are lands
of the deceased sufficient to pay the said £289 16s. 6d., and
praying liberty of this Assembly to sell so much of the lands
of the said deceased as may be sufficient to pay the said <£289
16s. 6d. with the charges arising thereon : And it is now re-
solved and ordered by this Assembly, that the said Phinehas
Strong, together with Mr. Samuel Rust the other administra-
tor on the said estate, shall have power, and they are hereby
directed and ordered, to sell so much of the lands of the said
deceased as will be sufficient to pay the said X289 16s. 6d.
according to old tenour bills, and the charges arising thereon ;
they taking the direction of the court of probate in the district
of Windham, in order to sell said land.

Upon the memorial of John Parsons, of Wallingford, shew-
ing that he had paid a mortgage of Benjamin Curtiss of the
first loan money, both principal and interest, as per the Treas-
urer's receipt appears ; praying the lands in said mortgage
may be released to him as assignee to said Curtiss, late of
said town, deceased: Resolved by this Asseml)ly, that the
lands in said mortgage shall be released to said Pai'sons as
assignee to said Benjamin Curtiss, and that the committee for
said purpose shall execute a release thereof to said Parsons
as assignee to said Benjamin Curtiss accordingly.

1748.] OP CONNECTICUT. 371

Upon the memorial of Obadiah Beardlee, of the south so-
ciety of New Fairfield, agent for said society, praying for a
tax to be laid on the divided unimproved lands in said parish,
<fec. : Resolved by this Assembly, that a tax of six pence old
tenour per acre be laid on all the divided unimproved lands
lying and situate within said society for and during the space
of four years, to commence on the first day of June next, to
be at the discretion of said society applied partly towards the
finishing their meeting-house, (as yet unfinished,) and in part
to the support of their minister there.

Upon the memorial of John Dixson, Elnathan Palmeter,
William Carr, Benjamin Lothrop, Solomon Wickwire, John
Holmes, Thomas Gustin, George Dolbeare, William Dixson,
Ebenezer Palmeter, William Chapman, Clement Daniels,
Elijah Staples, Thomas Gustin, jun"", Thomas Tozer, Robert
Staples, Simon Tubbs, Thomas Collett, Jonas Hamilton,
George Holmes, William Dodge, Jonathan Hungerford, and
Samuel Dodge, lieing members of the church in, and inhab-
[454] itants of the society || or parish of New Salem, lying
partly in Colchester in the county of Hartford and partly in
Lyme in the county of New London, representing they have
been destitute of a minister about the space of four years and
have had the publick worship attended but seldom in said
time, and that by reason of different sentiments in religious
matters the inhabitants are not agreed to settle a minister
among them, and that the memorialists with some others are
greatly desirous to call and settle an orthodox minister there
but cannot obtain a vote or votes for that purpose : people of
different persuasions, being so numerous in said society,
opposing the same ; and under these distressing circumstances
praying fur the aid of this Assembly : Resolved and enacted
by this Assembly and the authority thereof, that the said
memorialists, and such other inhaljitants of the said society
of New Salem as shall hereafter enter their names with the
clerk of said society, be, and they are hereby, impowered by
their major vote in any of their meetings, to call and settle
an orthodox minister among them, and to grant rates and
taxes on themselves, and annually to choose a committee and
clerk as other societies do, and to pass all other needful votes
and acts relating to the calling, settlement and maintenance
of a minister ; which doings of the memorialists and sucli as
joyn with them, by entering their names as aforesaid, shall be
good and valid in the law : provided no tax be laid by the
persons impowered to act as abovesaid upon any person but
the memorialists and such as enter their names as aforesaid.

372 PUBLIC RECORDS [May,

And it is further resolved and ordained, that there sliall be a
tax, and this Assembly do hereby grant a tax of one pence
per acre in new tenour bills of credit annually, to be levyed
and collected for the space of four years next coming, upon
all the unimproved lands in said society, to be improved for
the support of such minister as shall be improved there as
abovesaid. And it is further resolved, that the memorialists,
and such others as shall joyn with them by entering their
names as aforesaid, shall be, and tliey are lierel)y, exempted
from paying any publick tax to this government for the space
of four years next coming: provided they call and continue
a minister among them as aforesaid ; which exemption shall
continue no longer than they continue to support such min-
ister.

Upon the memorial of Lydia Bishop, of Guilford, widow,
shewing to this Assembly that El)enezer Bishop is deceased,
who was appointed by this Assembly at New Haven in October,
A.D. 1742, with Samuel Hill of Guilford, to sell the lands of
her daughter Lydia Bishop, for her support, wlio still contin-
ues deprived of her reason and uncapable of providing for
herself; and praying that Mr. Nathaniel Stone of Guilford
may be appointed in the room of Ebenezer Bishop, deceased,
to be joyned with said Hill from time to time as there may be
occasion, to sell the lands of the said Lydia the 2d, according
to former order, for her support when it shall be needful :
Accordingly this Assembly appoints said Nathaniel Stone to
be joyned with said Hill in the room of said Ebenezer Bishop,
deceased, for the purpose aforesaid.

Upon the memorial of Alpheus Gustin, administrator on
the estate of Amos Gustin, late of Glassenbury, deceased,
shewing to this Assembly that the debts due from said estate
surmount the moveable or personal estate of the said deceased
the sum of £Q0 6s. ?)d. of the old currency, praying liberty
of this Assembly to sell so much of the real estate of the said
deceased as will answer said debts : Resolved by this Assem-
bly, that the memorialist have liberty to sell so much of the
real estate of the said Amos Gustin, deceased, as may be
sufficient to answer the debts due from tlie said estate of £60
Qs. Sd. old currency ; and the memorialist is hereby substituted
and impowered to sell so much of the real estate of the said
deceased as will answer the sum aforesaid with the necessary
charges arising thereon, taking the direction of tlie court of
probate in the district of Hartford therein.

Upon the memorial of Steplien Halley, of New Milford,
shewing this Assembly tliat he and his family are situate ten

1748.] OF CONNECTICUT. 373

miles distant from the pai'ade of the military company to
which they belong in New Milford, and praying- to be annexed
[455] to the company || or trainband under the command of
Capt. John Glover of Newtown, and praying liberty for one
male person to tarry at home on training days, &g. : Resolved
by this Assembly, that the said Stephen Halley, with the male
persons belonging to his family, be hereby dismissed from the
company to which he now belongs in said New Milford, and
are annexed unto the company under the command of Capt.
John Glover, and have liberty of one of his male persons
tarrying at home each training day, but not exempted from
the view of arms and ammunition.

On the memorial of Lydia Lee, administratrix on the estate
of John Lee, late of Farmington in the county of Hartford,
deceased, shewing to this Assemljly that the debts and
charges due from said estate, together with the moveables set
out by the court of probate to tlic widow and relict of said
deceased, do surmount the moveable part of said estate the
sum of X145 4s. Od., and thereupon praying liberty to sell so
much of the real estate of the said deceased as will procure
the said sum of X145 4.S'. Od. with the necessary charges
ai'ising on said sale : Resolv^ed by this Assembly, that Mr.
William Porter, of Farmingtown, be appointed, and he is here-
by impowered, to make sale of so much of the real estate of
the said deceased as will procure tlie said sum of X145 4s. Od.
with the necessary charges arising thereon, and to make and
pass deed or deeds accordingly; taking the direction of the
court of probate for the district of Hartford therein.

On the memorial of Jonathan Atwater jun'',of New Haven,
guardian to Samuel Atwater, an idiot, shewing that he hath
subsisted said Samuel at his expence for above five years, and
no allowance hath been granted to him therefor ; praying for
liberty to sell some of said Samuel Atwater's land for that
purpose, and for his future support : Resolved by this Assem-
bly, that the memorialist and John Front, Esq"', of New Haven,
be, and are hereby, authorized to make sale of so much of the
real estate of said Samuel Atwater as shall be sufficient to
answer the charge already incurred therefor, and from time
to time as shall be needful for the support of said Samuel
Atwater ; always taking the direction of the court of probates
in the district of New Haven.

Upon the memorial of Mary Chapman, administratrix on
the estate of Samuel Chapman, late of Saybrook, deceased,
shewing to this Assembly tliat the debts due from said estate
surmount the moveable estate the sum of £100 15s. lid., and

374 PUBLIC RECORDS [May,

thereupon praying to this Assembly for liberty to sell so much
of the lands of the said deceased as will pay the said sum of
<£100 15s. 11 tZ. with the necessary charges arising on the sale
thereof: Resolved liy this Assembly, that Capt. Jedadiah
Chapman be appointed and impowered to sell so much of the
lands of said deceased as shall pay the said sum togetlier with
the necessary charges arising on the sale thereof; taking the
advice of the court of probate in the district of Guilford.

Upon the memorial of the inhabitants of the parish of New-
ington, representing that the Reverend Mr. Backus, their
late minister, havijig been called by publick authority to serve
as a chaplain at Louisbourg, after having been there some
considerable time died in said service, to their great and un-
hapj)y loss, and praying relief, <fec. : Resolved by this Assembly,
that the sum of one hundred and fifty pounds in bills of credit
of the old tenour be paid and delivered to the memorialists
out of the publick treasury of this Colony.

Upon the memorial of Joseph Kingsberry and others,
inhabitants of the second or west society in Norwich, represent-
ing the broken and divided state of said society, and praying
for a committee to enquire into the circumstances, &g. :
Resolved by this Assembly, tliat the Honb'e Roger Wolcott,
Deputy Governor, Samuel Lynde, William Pitkin, Bsq^s, the
Revd. Mr. William Russell and the Rev^. Mr. Ashbel Wood-
bridge, be, and they are hereby, appointed a committee to
repair to said second society in Norwich and, first notifying
all parties, they are to enquire into the circumstances of said
society, and to report the same with their opinion thereon to
this Assembly in October next ; all at the cost of the
memorialists.

Upon the memorial of Temperance Stone and Josiah Stone,
executors of the last will of Josiah Stone late of Litchfield,
deceased, representing that the debts due from the estate of
the said deceased surmount the account of debts exhibited to
this Assembly in October last and the personal estate of the
said deceased the sum of X220 IBs. Id., and praying for liberty
to sell lands, &c. : Resolved by this Assembly, that the said
executors iiave liberty, and liberty and power is hereby grant-
ed unto them, to sell so much of the lands of the said deceased
Josiah as will procure the said sum of £220 13s. Id. and
defray the charges of said sale ; taking the advice and direc-
tion of the court of probate in the district of Litchfield therein.

[456] Upon the memorial of the parish of West Haven, by
their agents Deliverance Pantcr and Ebenezer Towbridge of
said parish, shewing this Assembly that said parish had lent

1748.] OP CONNECTICUT. 375

Samuel Weed of Derby (who now stands convicted of foro;ery
and counterfeiting, &c by which he hath forfeited all his estate
into the hands of this Colony) the sum of X142 18s. lOd.
principal and interest, of the publick moneys in said parish
improved for maintaining the gospel in said parisli, and shew-
ing the great need said parish had of said moneys for the
purpose aforesaid, and praying that they might receive the
same out of the Colony treasury : Resolved by this Assembly,
that tlie Treasurer of this Colony pay out of the Colony
treasury the sum aforesaid, for the purpose before mentioned,
taking receipt for the same.

Upon the memorial of the President and Fellows of Yale
College in New Haven : Ordered, that the sum of one lumdred
and seven pounds three shillings in bills of credit on this
Colony of tlie new tenour be allowed and paid out of the
Colony treasury to the said president and fellows for tlie last
half year, in lieu of what was granted by this Assembly in
May, 1745.

Upon the memorial of the inhabitants of the first society
in Hebron, by their agents Benjamin Skinner and Joseph
Phelps, setting forth that by an information lodged with the
clerk of said society, by proper authority the Revi. Mr. Benja-
min Puraroy was deprived of the benefit of the laws of this
Colony made for the support of the gospel ministry ; the said
agents now informing this Assembly that the said Mr. Pum-
roy hath of late conformed to the laws of this Colony, and
performed his ministerial office to the great satisfaction of
said inhabitants, and praying that the said Mr. Pumroy may
for the future have the benefit of said laws : Resolyed by this
Assembly, that the information aforesaid shall be given uj) to
the committee of said society, and all rates that hereafter
shall be granted shall be collected in the method by law pre-
scribed, as though no such information had ever been given.

Upon the memorial of the inhabitants of Wellington, where
in said inhabitants by their agent have moved to this Assem-
bly to tax or assess all the lands lying in Wellington for the
support of the gospel: It is resolved, that all tlie land lying
in Wellington be taxed at one penny per acre annually for
the space of four years, new tenour, and that the selectmen of
Wellington be iu) powered annually to tax or assess the same
for the space of four years next after the date hereof. And
it is further resolved, that the money be improved for the sup-
port of the gospel in said town, and the collectors chosen
within said town collect the same.

Upon the memorial of the inhabitants of the first society in

376 PUBLIC RECORDS [May,

Norwich, by their agent El)enezer Backus, praying for a com-
mittee to affix and ascertain a place for the building a meet-
ing-house &c. : Resolved l)y this Assembly, that Major Samuel
Coit, Messrs. Jeremiah Chaj^man jun'", and Mr. Luke Perkins,
1)6, and they are hereby appointed, a committee to repair to
the first society in said Norwich and, first notifying all parties,
they are to view the circumstances of said society and affix a
place for the building a meeting-house for publick worship in
said society where they shall judge most suitable and conveni-
ent for said inhabitants, and make their report to this Assem-
bly.

Upon the memorial of John Finch, administrator oji the
estate of John Finch, late of Standford, deceased, shewing to
this Assembly that the debts due from said estate surmount
the moveable or personal estate of the said deceased the sum
of .£675 OS. Od. of the old currency, praying liberty of this
Assembly to sell so much of the real estate of the said deceas-
ed as will answer said debts: Resolved by this Assembly, that
the memorialists have liberty to sell so much of the real estate
of the said John Finch, deceased, as may be sufficient to
answer the debts due from the said estate of £075 os. Od.
old currency; and the said memorialist is hereby substituted
and imi)owered to sell so much of the real estate of the said
deceased as will answer the sum aforesaid with the necessary
charges arising thereon, taking the direction of the court of
probate for the district of Standford therein.

On the memorial of John Bulklcy, Esq% (appointed by this
Assembly to recover certain fire-arms belonging to this gov-
ernment, formerly delivered to James Harriss of New Lon-
don,) representing that said Harriss proposes to make pay-
ment for so many of said arms as he is not able to return,
and moving for direction how much to receive of said Harriss
for each of said arms that shall not he returned as aforesaid:
This Assemldy do direct the said John Bulkley to accept of
and receive of the said James Harriss the sum of eleven
pounds old tenour for each of the said fire-arms put into his
hands as aforesaid that he shall not return to the said John
Bulkley, Esq"", or his order.

[457] Upon the memorial of Stephen Todd and Merriman
Munson, both of Wallingford, shewing that on the 31st of
August, 1743. they purchasorl of Joseph Dolittle about forty-
eight acres of land situate in Wallingford aforesaid, bounded
westerly on Muddy River, southerly on said Munson's land in
part and in part on said Todd's land, and northerly on high-
way, and that said land was then under mortgage to the

1748.] OF CONNECTICUT. 377

Governor and Company for tbi& Colony for the sum of £50
Os. Od. new tenour bills of credit, and that the time of re-
demption limited in said mortgage is now expired; shewing
also that they were to pay the redemption of said mortgage,
and thereupon praying for a release of the said mortgaged
premises to the memorialists, assignees of the said Dolittle :
Resolved by this Assembly, that on condition the said memo-
rialists, within two months from the rising of this Assembly,
do pay into the publick treasury the principal sum for which
said lands were mortgaged, with the interest thereof to the
time of payment, together with the sum of five pounds more
in new tenour bills of credit for all other costs, the said mort-
gaged premises shall be released to the memorialists in usual
form by the committee appointed for such purpose.

Ordered hy this Assembly, That the Treasurer of this
Colony pay out of the publick treasury unto Agur Tomlinson
of Derby, one of the constables of Derby, for his service in
taking and keeping the persons concerned in counterfeiting
bills of credit of this Colony, the sum of thirty pounds in old
tenour bills of credit; and to Samuel Plumb, another. constable
of said Derby, for the like service, the sum of thirteen pounds
three shillings in bills of the old tenour; and to Samuel Riggs,
Esq'', for assisting in the affair, &c., the sum of four pounds
and one shilling.

Upon the memorial of the inhabitants of the parish of
Marlborough in the county of Hartford, shewing to this As-
sembly that they belong some to the 6th and some to the 12th
regiments in this Colony, and that they are under great diffi-
culties in attending military exercises in the companies to
which they belong, and praying to be formed into an entire
military company, &c. : Resolved by this Assembly, that the
inhabitants in said parish of Marlborough shall be included
within the limits of the 12th regiment in this Colony, and that
by the chief officer of said regiment they may be formed into
one intire military company, and by him, or such person as he
shall appoint, be led to the choice of a captain, lieutenant and
ensign, at such time and place in said parish as he shall think
proper; and make return of the said choice to the General As-
sembly to be liolden at New Haven in October next.

Upon the report of Messrs. James Church, Thomas Pitkin
and Jonathan Hills, who were appointed a committee by this
Assembly in October last to view the circumstances of the first
society in Hebron, in order to the setting off a new society on
the northwest part of the town of Hebron, representing that in
pursuance of such appointment they did, on the 9th and 10th
48

378 PUBLIC RECORDS [May,

days of November last, (having first notified all parties con-
cerned,) proceed to view the circumstances of said first society,
and reporting their opinion thereon that it may be for the
general benefit of the inhabitants of said first society that^
distinct ecclesiastical society be set off therefrom on the said
northwest part of said town, {viz:} the west bounds thereof to
be the west bounds of the said township of Hebron from the
northwest corner of said town till it come southward to the
parish of Marlborough, and tbence extending southward by
said parish till it comes to the liighway which leads from the
house where Mr. William Buel now dwells to the place where
the old meeting-house lately stood, and from thence extending
eastward to the place where said highway or road turns north-
easterly, and from the turn of that road to the west of Joseph
Allen's house, so as to include it or leave it within the said
first society, and from said Allen's house to the north side of
Mr. John Phelps's house and homelot in the said first society,
thence extending eastward across the country road to Mr.
Samuel Gilbert's house, including said house in the said new
society, and from said Gilbert's house to the house where Wm.
Peters then dwelt, now the house of Caleb Chappel, including
the said Chappel's house and farm in said new society, and
from the east side of the said Chappel his house northward to
the bounds of the parish called Andover, and from thence ex-
tending westward and then northward by tlie bounds of the
said parish of Andover to Bolton bounds, and from thence by
Bolton bounds till it extend to Glassenbury bounds : Resolved
by this Assembly, that the aforesaid report of the said com-
mittee be accepted and approved ; and all the inhabitants liv-
ing within the aforesaid bounds on the northwest part of said
Hebron are hereby made and declared to be for the future one
distinct ecclesiastical society or parish, by the name of Gilead,
invested with powers and privileges as other such societies in
this Colony are.

[458] Upon the memorial of Thomas Chipman, agent for
the inhabitants of Salisbury, representing that the place ascer-
tained for the building a meeting-house in said town, by a
committee by this Assembly appointed for that purpose, is not
so convenient as another place where the said committee set
up another stake at or near the corner of Mr. Joseph Lee's
homelot, and praying that the said place at or near the corner
of said Mr. Lee's homelot may be affixed and ascertained for
the place to build a meeting-house, and that the doings of
said committee may be set aside, &c. : Resolved by this As-
sembly, that the doings of said committee be set aside, and

1718.] OP CONNECTICUT. 379

they are hereby set aside and made void ; and the aforesaid
place where the said committee did set up a stake at or near
the corner of Mr. Joseph Lee's homelot shall be the place for
building a meeting-house for publick worship in said town, and
the sills of said meeting-house shall inclose the said stake.

Upon the memorial of Benjamin Lee, representing that he
was appointed one of the captains of the regiment raised for
the expedition to Canada, and that he has been exposed to
pay the billeting of his souldiers from the 4th to the 15th of
November, 1746, for which he has had no pay, and praying
for allowance, &c.: Resolved by this Assembly, that the com-
mittee of the pay table be, and they are hereby, directed to
allow and draw an order upon the Treasurer to pay to the
memorialist for the billeting of said souldiers from the 4th to
the 15th of November aforesaid, being ten days.

Upon the memorial of Ebenezer Leach, agent for the in-
habitants of the parish of Andover, representing that some
part of said parish lieth within the limits of the fifth and
some parts of it within the limits of the 12th regiment in this
Colony, praying to be annexed to some one of tlie said regi-
ments : Resolved by this Assembly, that all the inhabitants
obliged by law to bear arms living within the aforesaid parish
of Andover be annexed, and they are hereby annexed, to the
12th regiment in this Colony.

Upon the memorial of Philip Pond and Abigail Pond, ad-
ministrators of the estate of Josiali Pond, late of Branford,
deceased, shewing to this Assembly that the debts due from
said estate and charges of administration surmount the per-
sonal estate of said deceased the sum of .£231 7s. Sd., ijiclud-
ing X134 18s. 2d. for the payment of which the said adminis-
trators obtained liberty to sell land at the Assembly in October
last, and for which no land has yet been sold, and now pray-
ing for liberty to sell so much of the lands of said deceased
as may enable the said administrators to pay the said sum of
X231 7s. Sd.: This Assembly grants liberty and full power to
the said administrators to sell so much of the lands of the
said deceased as may enable them to pay the said sum of
£231 7s. 8c?, with the necessary charges arising about the
same ; taking the advice of the court of probate for the dis-
trict of Guilford therein.

Upon the memorial of Joshua Brainerd, Joshua Luther and
Moses Rowley, all of the parish of Midlehaddam, represent-
ing that they live on a tract of land in the east corner of said
society or parish, at a great distance from the place of pub-
lick worship in said parish, and praying that they and tlieir

380 PUBLIC RECORDS [May,

families may be annexed to the parish of East Haddam, where
they may better attend the piiblick worship, &c.: Resolved by
this Assembly, that the memorialists and their families be, and
they are hereby, annexed to the parish of East Haddam afore-
said, and they are excused and exempted from all charges and
taxes in the said parish of Midleliaddam for the future.

Upon the memorial of the inhabitants of Cornwell, by their
agent George Holloway, Esq^, praying for a patent of the said
township of Cornwall, &c. : Resolved by this Assembly, that
his Honour the Governor and tlie Secretary of this Colony be
impowcred, and they are heieby impowcred and desired, to
execute a patent of said township to said inliabitants as prayed
for, according to a draft now presented to this Assembly.

Upon the memorial of Jabez Hide, and others of the west
society in Norwich, representing sundry differences, disorders
and mucli contention, to have been and still to be there sub-
sisting, respecting their minister, <fec., and that they, the said
society, have, at tlieir meeting holden on the 13th of October
last, by a very small majority voted and declared, among other
things, that they will no longer have the Reverend Mr. Wills
to be their minister, &c., and praying relief in the premises,
and especially that the said votes of said society on said 13th
of October be set aside, &c.: Resolved by this Assembly, that
all the votes of the said society on said 13th of October made
and passed be set aside, and the same are hereby set aside and
declared to be null and void ; and that Colo. Jonathan Trumble,
Esq"", do, in some convenient time, issue forth a suitable pre-
[459] cept, directed to some meet person in said || society,
him directing to warn all the inhabitants of said society, on a
day in and by said precept to be mentioned, to convene in said
society, then and there to choose all needful society officers,
and also to act and do what may then be thought necessary
touching the said Mr. Wills's past or future salary and sup-
port ; also that said Colo. Trumble also repair to said society
on the day appointed for such meeting, and attend the same
in the quality of a moderator ; and all at the proper cost of
said society.

Upon the memorial of Cornelius Brown, of Norfolk, pray-
ing to this Assembly that he miglit have two hundred acres
of land set out to him in said town in severalty, being part of
a purchase of land made originally by Timothy Horsford,
lately of Litchfield in said county, of a certain committee ap-
pointed by this Assembly to sell the lands in the aforesaid
town of Norfolk : It is considered and granted, that the me-
morialist may have two fifty acre lots laid out in said town,

1748.] OP CONNECTICUT. 381

not exceeding- half a mile in length, one including his present
improvements and buildings, the other fifty acres to be in
some convenient place as he shall choose, and that the same
be, at his cost, by one of the surveyors of the county of Hart-
ford measured and bounded out to him, and return thereof
made to this Assembly at their sessions in October next.

Upon the memorial of George Holloway, agent for the in-
habitants of Cornwal, representing their difficulties in regard
to the charges for finishing their meeting-house, which yet
remains to be done, and praying for a land tax, &c. : Resolved
by this Assembly, that a tax of four pence per acre old tenour
bills be laid, and it is hereby laid and assessed, on three hund-
red acres first laid out on each private right in said town, for
the space of three years annually, to commence next after the
rising of this Assembly, to be collected and improved for the
finishing of the meeting-house in said town of Cornwall.

Upon the memorial of Joseph Sanford, of the parish of
Reading, agent for the Presbyterian society in said parish,
praying for a committee to ascertain and fix a place for the
building a meeting-house for divine worship in said society,
&c. : Resolved by this Assembly, that Capt. Thomas Tousey
of Newtown, Mr. Tho^ Benedict and Capt. Josiah Starr, of
Danbury, be a committee to repair to said society, notify and
hear the parties, view their circumstances, and affix the place
whereon said meeting-house shall be built, and make report
to this Assembly at New Haven in October next.

Upon the report of Joseph Strong, John Phelps and Zepha-
niah Swift, a committee appointed to affix a place for a meet-
ing-house for the secojid society in Lebanon, who have re-
ported that they have fixed a stake at a certain place on a
small knowl about ten rods near south from their old meet-
ing-house, which they have set for a place for said society to
build a meeting-house, the sills of said house to compass the
said stake : Resolved by this Assembly, that said place be the
place whereon to build said meeting-house.

Upon the report of Messrs. Luke Perkins, Samuel Coit and
Jeremiah Chapman, jun"", shewing that pursuant to the ap-
pointment of this Assembly they have proceeded to view the
circumstances of the first society in Norwich, and having first
notified all parties they have affixed a place for the building
a meeting-house in said society where the old meeting-house
now stands, &c. : Resolved by this Assembly, that the afore-
said report be accepted and approved, and the said place where
the said old meeting-house now stands shall be, and the same
is hereby, affixed and ascertained to be the place for the build-

382 PUBLIC RECORDS [May,

ing said meeting-house, the centre of the same to be where
the centre of the said old meeting-house now is.

Upon the memorial of Nathaniel Wales, of Midletown,
shewing to this Assembly that about a month since he had
the house wherein he dwelt consumed by fire, and all his
books and accounts consumed thereby ; praying some proper
person may be appointed to take cognizance of the matters
of his accounts, and act so as to secure said memorialist in his
just dues which belonged to him thereby: This Assembly do
appoint and impower Jabez Hamlin, Elihu Chauncey and
Giles Hall, Esq*", to be commissioners to take cognizance of
[460] all matters respecting said book accounts, || and en-
quire of the parties upon oath, and other witnesses and evi-
dences as they shall think proper, as a court of chancery
might do, and accordingly judge for the said Wales what
shall appear to be due upon said accounts consumed as afore-
said, and also to award either party cost, as is allowed by law
in other processes in county courts, and to grant out execu-
tion on their said judgments, directing the same to some
proper officer or officers to levy and serve, as any other execu-
tive courts in this Colony by law may do ; and that executions
signed by any one of said commissioners shall be authentick
for the purpose aforesaid. And the said commissioners are
hereby authorized and impowered to call before them, in the
business and matters aforesaid, by summons or attachment,
as any of the county or superior courts by law may do, and
to command and retain any sheriff, deputy-sheriff or consta-
ble, to attend and execute as the said county or superior
courts may or can order and command ; and all sheriffs, de-
puty-sheriffs and constables are to yield»their obedience accord-
ingly-

This Assembly grants to the Honourable Jonathan Law,
Esq"", Governor, the sum of one hundred and thirty pounds
in new tenour bills of publick cr. dit, for his first half year's
salary the current year.

This Assembly grants Eliakim Palmer, Esq% our Agent at
Great Britain, the sum of four hundred pounds in old tenour
bills of publick credit, for his salary the current year.

Resolved, That the several petitions, memorials, reports of
committees, now lying on the files of this Assembly and not
acted upon and determined, be continued, and the same are
hereby continued to the sessions of this Assembly to be holden
at New Haven in October next.

Whereas this Assembly is drawn out to such a length that
all the members cannot conveniently attend to hear the rec-

1748.] OF CONNECTICUT. 383

ords read: This Assembly appoints Nathaniel Stanley, Wm.
Pitkin, John Chester, Esqfs, Colo. Thomas Welles, Colo. Jo-
seph Pitkin and Mr. Joseph Buckingham, to hear the records
of the doings of this Assembly read off, and see them signed
by the Secretary as perfect and compleat.

The several Acts, Grants and Orders of this Assembly, as
they stand entered and recorded in the pages of this book
next preceding, were read off in the presence of the commit-
tee abovennmed, (except Wra. Pitkin, Esq"",) and signed as
compleat.

George Wyllys, Secret'y.

[461] Anno Regni Regis Geargii secundi vigessimo-secimdo.
At a General Assembly holden at New Haven in his
Majesty's Colony of Connecticut in New England in
America, on the second Thursday of October, (being

THE 13th day op said MONTH,) ANNOQUE DOMINI 1748,

and CONTINQED by SEVERAL ADJOURNMENTS UNTIL THE 28tH

DAY OF THE SAME MONTH.

Present :

The Honourable Jonathan Law, Esquire, Governor.

The Honbie Roger Wolcott, Esqf, Deputy Governor.
James Wadsworth, Ebenezer Silliman,
Nath' Stanly, Jonathan Trumble,

Samuel Lynde, Hezekiah Huntington. . ,-, < • ^ .

William Pitkin, John Bulkley, "^"^sq^s, Assistants.

Thomas Fitch, Andrew Burr, j

Roger Newton, John Chester, j

Representatives or Deputies that atteyided at the Assembly are
as follow^ viz :

Colo. Joseph Pitkin, Mr. Joseph Buckingham, for Hartford.

Mr. Jeremiah Chapman, Mr. Jeremiah Miller, for New London.

Colo. Jabez Huntington, Capt. Eleazer Carey, for Windham.

Colo. William Preston, Mr. Noah Hinman, for Woodbury.

Capt. Joseph Phelps, Capt. William Buel, for Hebron.

Mr. Nathan Baldwin, Capt. Joseph Treat, for Milford.

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury.

Colo. Elisha Williams, Capt. Jonathan Bobbins, for Weath-
ersfield.

Mr. Phinehas Strong, Mr. Silas Long, for Coventry.

Capt. Timothy Hopkins, Capt. Daniel Southmaid, for Water-
bury.

Mr. John Humphrey, Capt. James Case, for Symsbury.

384 PUBLIC RECORDS [October,

Mr. Solomon Tracey, Mr. Stephen Frost, for Canterbury.

Mr. John Crarey, Mr. Ezekiel Pierce, for Plainfield.

Mr. Ebenezer West, Capt. James Fitch, for Lebanon.

Capt. Isaac Dickcrman, Capt. Samuel Sherman, for New Haven.

Capt. John Read, Capt. Samuel Burr, for Fairfield.

Mr. Ebenezer Backus, Mr. Isaac Tracey, for Norwich.

Colo. Jonathan Hoit, Mr. Abraham Davenport, for Standford.

Capt. James Becbe, Mr. Thomas Benedict, for Danbury.

Mr. Mathew Rockwell, Capt. Samuel Enno, for Windsor.

Mr. Joseph Hooker, Mr. Timothy Porter, for Farmington.

Capt. Elnathan Stephens, Capt. Isaac Kelsey,for Killingsworth.

Mr. Joseph Denison, Mr. Nehemiah Palmer, for Stoningtown.

Mr. Samuel Morgan, Mr. Elijah Belcher, for Preston.

Mr. James Hind, Mr. Paul Welch, for New Milford.

Mr. Ambrose Wliittelsey, Capt. Jedadiah Chapman, for Say-
brook.

Colo. Shubael Conant, Capt. William Williams, for Mansfield.

Capt. Robert Dixson, Mr. John Smith, for Voluntown.

[462] Mr. Ebenezer Holbrook, Mr. John Williams, for Pom-
frett.

Colo. Hezh Sabin, Mr. Boaz Stearns, for Killingly.

Capt. Nath. Harrison, Mr-. Jonath. Russell, for Brandford.

Colo. Samuel Hill, Capt. Timothy Stone, for Guilford.

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletovvn.

Mr. James Bicknal, Mr. Benjamin Walker, for Ashford.

Colo. Benja. Hall, Mr. Gideon Ives, for Wallingford.

Capt. John Mead, for Greenwich.

Major Elihu Chauncuy, Mr. James Wadsworth jun"", for Dur-
ham.

Capt. Joseph Bird, Major Ebenezer Marsh, for Litchfield.

Capt. Charles Bulkley, Mr. John Day, for Colchester.

Major James Lockwood, Mr. Joseph Piatt, for Norwalk.

Capt. Moses Hawkins, Mr. Abel Gun, for Derby.

Colo. Christopher Avery, Mr. Ebenezer Avery jun^, for
Groton.

Mr. Zebulon West, Mr. John Lothrop, for Tolland.

Capt. Elisha Shelden, Capt. Mathew Griswold, for Lyme.

Mr. James Cone, for East Haddam.

Mr. Plezh. Brainerd, for Haddam.

Mr. Theophilus Nickols, Mr. Samuel Addams, for Stratford.

Mr. James Benedict, Mr. Samuel Olmstead, for Ridgfield.

Mr. Henry Glover, Mr. Heth Peck, for Newtown.

Colo. Thomas Wells, Speaker, | of the House of

Mr. Jeremiah Chapman jun^.. Clerk, ( Representatives.
The several members of this Assembly who had not taken

1748.] OP CONNECTICUT. 385

the oatlis provided by act of Parliament instead of the oatlis
of allegiance and supremacy, now took the said oaths and
likewise the oath of abjuration, and made the declaration
against popery.

Resolved hy this Assembly, That they will now proceed to
the choice of a Deputy Governor, as an Assembly.*

This Assembly do appoint the Hon^ie Roger Wolcott, Esq"",
to be Deputy Governor until the election in May next, and
was sworn according to law by his Honour the Governor in
the presence of the Assembly,

This Assembly do establish and confirm Mr. Samuel Stur-
giss to be Captain of the 2d company or trainband in the town
of Fairfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. James Smcdley
to be Lieutenant of the 2d company or trainband in the town
of Fairfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Nathaniel Burr
jun"" to be Ensign of the 2d company or trainband in the town
of Fairfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Ebenezer Clark
to be Captain of the 17tli company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Jonathan Al-
verd to be Lieutenant of the 17th company or trainband in the
6th regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. James John-
son to be Ensign of the 17th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Elias Betts to
be Lieutenant of the company or trainband in the parish of
Wilton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Stew-

* There having been no choice of a Deputy Governor by the freemen, in Miiy,
the Lower House resolved that application be made to his Honor the Govenior
for the assembling of both houses together in order to an election. This was
dissented to in the Upper House, which insisted that the election should be by
concurrence, and that house elected Roger Wolcott Deputy Governor. As the
two houses could not agree upon the mode of election by the Assembly, the
Upjier House passed a bill for a special election to be held by the freemen on the
third Tuesday of June then next, with which the Lower House non-concurred. In
October, the resolve to proceed to the choice of a Deputy Governor as an Assem-
bly originated in the Lower House, and the election was first made there. Qivil
Officers Sfc, III. 140—148, 166, 167,

386 PUBLIC RECORDS [October,

art junr, to be Ensign of the company or trainband in the
parisli of Wilton, and order that he be commissioned ac-
cordingly.

[463] An Act appointing a Court of Probate in the County of New Lon-
don, and for limiting the District thereoi.

Be it enacted hy the Governor^ Council and Representatives, in
General Court assembled, and hy the authority of the same,
That the towns of Norwich and Preston, both in the county
of New London, be one entire district for holding a court of
probate, and shall be known by the name of the District of
Norwich ; and said court shall be held by one judge and clerk,
with powers and privileges that the other courts of probate in
this Colony have ; and in all cases where the law allows of
appeals they shall be made to the superior courts holden in
the county of New London ; and that all the business that is
now entered in the court of probate in New London shall be
finished in said court.

His Honour the Governor of this Colony having laid before
this Assembly a letter from his Grace the Duke of Bedford,
one of his Majesties principal Secretaries of State, dated
Whitehall, 9th August, 1748, directed to the Governor and
Company of this Colony, and therewith a proclamation of
their Excellencies the Lords Justices declaring a cessation of
hostilities against his Catholick Majesty and the Republick of
Genoa and their subjects as well by sea as land, given at White-
hall the fourth day of August, 1748, with directions to cause
the same to be published in all proper places in this govern-
ment : Resolved by this Assembly, that the said proclamation
be forthwith published in the respective counties of Hartford,
New Haven, New London, Fairfield, and Windham ; and in
order thereto, the Secretary of this Colony is hereby directed
to send attested copies of the said proclamation and of this
resolve to the several sheriffs of the respective counties afore-
said, who are hereby ordered and required, on receipt thereof,
forthwith to publish the said proclamation in their respective
counties, to the end that all his Majesties subjects therein may
pay due obedience and strictly conform themselves thereto.

On the memorial of the President and Fellows of Yale Col-
lege in New Haven : Ordered, that the sum of one hundred
and seven pounds three shillings in bills of credit on this
Colony of the new tenour be allowed and paid out of the pub-
lick treasury to the said president and fellows, for the first
half of the current year, in lieu of what was granted them by
this Assembly in May, 1745.

Whereas there is an addition of the sum of X1293 17s. 2>d.
to the list of Milford, directed to the Assembly in May, 1748,

1748.] OP CONNECTICUT. 38?

now laid before this Assembly, as also an information that it
was through an omission in a person to whom the listers gave
it to carry to said Assembly: Whereupon it is received, and
the Secretary is hereby directed to give an account thereof
unto the Treasurer of this Colony, that he may require the
rate arising thereupon of the constable of said town with the
rate for the year 1747.

This Assembly do establish and confirm Mr. Bazalccl
Brainerd to be Captain of the south company or trainband in
the town of East Haddam, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Charles Dewey
to be Lieutenant of the south company or trainband in the
town of Hebron, and order that he be commisioned accordingly.

This Assembly do establish and confirm Mr. Samuel Filer
to be Ensign of the south company or trainband in the town
of Hebron, and order that he be commissioned accordingly.

Tliis Assembly do establish and confirm Mr. Elisha Andrews
to be Captain of the 12th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

Tbis Assembly do establish and confirm Mr. David Hubbard
jun^ to be 'Lieutenant of the 12th company or trainband in
the 6th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. William Wat-
kins to be Captain of the 12th company or trainband in the
otli regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Edward Mercy
to be Lieutenant of the 12th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

[464] This Assembly do establish and confirm Mr. John
Parry to be Ensign of the 12th company or trainband in the
6th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Samuel Rust
to be Captain of the 9th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Eliphalet Car-
penter to be Lieutenant of the 9th company or trainband in

388 PUBLIC RECORDS [Octobcr,

the 5th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Samuel Buck-
ingham to be Captain of the 1st company or trainband in the
town of Milford, and order that he be commissioned accord-
ingly.

Tliis Assembly do establish and confirm Mr. Thomas Clark
to be Lieutenant of the 1st company or trainband in the town
of Milford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Wood-
ruff to be Ensign of the 1st company or trainband in the town
of Milford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Silas Whipple
to be Ensign of the otli company or trainband in the 3d regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr, James Brew-
ster to be Lieutenant of the troop of horse in the 5th regiment
in this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. James Lazell
to be Cornet of the troop of horse in the 5th regiment in this
Colony, and order that he be commissioned accordingly.

This Asseml)ly do establish and confirm Mr. John Howard
to be Quarter-Master of the troop of horse in the 5th regiment
in this Colony, and order that he be commissioned accord-
ingly.

Tiiis Assembly do establish and confirm Mr. William Buel
to be Captain of the company or trainband in the parish of
Marlborough, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. David Dick-
ingson to be Lieutenant of the company or trainband in the
parish of Marlborough, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel Buel
to be Ensign of the company or trainband in the parish of
Marlborougli, and order tbat lie be commissioned accordingly.

This Assembly do establish and confirm Mr. Jared Lee to
be Captain of the 2d company or trainband in the parisli of
Southington, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Eldad Lewiss
to be Lieutenant of the 2d company or trainband in the parish
of Southington, and order that he be commissioned accord-
ingly.

1748.] OP CONNECTICUT. 389

This Assembly do establish and confirm Mr. Howkins Harfc
to be Ensign of the 2d company or trainband in the parish
of Southington, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Robert Wells
to be Captain of the lOtli company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. David Wright
to be Lieutenant of the 10th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Eliphalet Whit-
telsey to be Ensign of the 10th company or trainband in the
6tli regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Ebenczer
Avery to be Lieutenant of the 1st company or trainband in
the town of Groton, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Jabez Smith
to [be] Ensign of the 1st company or trainband in the town
of Groton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Caleb Loomiss
to be Ensign of the company or trainband in the parish of
West Chester, and order that he be commissioned accordingly.

[465] This Assembly do establish and confirm Mr. Josepli
Kingsbury junr, to be Captain of the 7th company or train-
band in the town of Norwich, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Benajah Sabin
to be Lieutenant of the Tth company or trainband in the town
of Norwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. William
Hoadly, jun"", to be "Captain of the 1st company or trainband
in the town of Brandfurd, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Russell
jun"", to be Lieutenant of the 1st company or trainband in the
town of Brandford, and order that he be commissioned accord-
ingly.

Tiiis Assembly do establish and confirm Mr. Joseph St. John
to be Captain of the 1st company or trainband in the town of
Norwalk, and order that he be commissioned accordingly.

390 PUBLIC RECORDa [October,

This Assembly do establish and confirm Mr. Abraham Clark
to be Ensign of tlie first company or trainband in the parish
of Southington, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. James Hale to
be Captain of the 5th company or trainband in the 5th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Ebenezer Peck
to be Lieutenant of the 5th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

The Gentlemen nominated by the Votes of the Freemen (sent in to this
Assembly) to stand for Election in May next are as follow, (viz :)

The Hon^^'c Jonathan Law, Esq'.
The Honi^'e Roger Wolcott, Esq^

James Wadsworth, Esq"". John Bulkley, Esqf.

Nathi Stanly, Esqf. Andrew Bnrr, Esq^

Samuel Lynde, Esq''. John Chester, Esq^

William Pitkin, Esq^. Colo. Gurdon Saltonstall.

Tho^ Fitch, Esq^ Colo. Benjamin Hall.

Roger Newton, Esq^ Capt. Roger Wolcott.

Ebenez'' Silliman, Esq^ Mr. John Griswould.

Jonath. Trumble, Esqi". Colo. Elisha AVilliams.

Hezii Huntington, Esq^ Colo. Joseph Pitkin.
This Assembly do appoint Hezekiah Huntington, Esq"", to
be Judge of the Court of Probate in the district of Norwich
till the first of June next.

On the petition of Joseph Wright, of Colchester, vs. John
Bulkley, Esq"", of Colchester, and Benjamin Taylor, of Hebron,
as on file (continued from the General Assembly in May last:)
Tiie question was put, whether the prayer of said petition
should be granted: Resolved by this Assembly in the negative.
Cost allow'' d respondents <£3 lis. %d. netv tenour bills of Con-
necticut Colony. JEx. granted Oct. 21th, 1748.

On the petition of Zachariah Frink, of Voluntown in the
county of Windham, vs. John Dixson of Killingly, agent for '
and one of the proprietors of the common and undivided land
in said Voluntown, and the rest of the proprietors of the said
common and undivided land, as on file, (by continuance from
the General Assembly in May last:) The question was put,
whether the pleas offered by the respondents in abatement of
the said petition are sufficient: Resolved by this Assembly in
the affirmative.

Upon the memorial of Edward Nash and John Nash, ad-

1718.] OF CONNECTICUT. 391

rainistrators on the estate of Samuel Nash, late of Norwalk in
Fairfield county, deceased, shewing to this Assembly that the
debt due from the estate of tlic said deceas'd, together witli
what was by the judge of the probate allowed to the widow of
the said deceas'd as necessaries for keeping of house, surmount
the moveable estate of said deceased the sum of £168 18s.
Id. old tenour bills of credit ; praying for liberty to sell so
raucli of the real estate of the said deceas'd as shall enable
them to pay the sum aforesaid together with the incident
cliarges arising thereon: Resolved by this Assembly, tliat the
memorialists be impowered, and they are hereby impowcred,
taking the direction of the court of probate for the distiict of
Fairfield, to sell so much of the lands of the said deceas'd
Samuel Nash as shall amount to the sum of £168 IS.-?. Id. in
old tenour bills of credit, together with the necessary charges
arising on the sale aforesaid.

[466] Upon the memorial of the commission officers of the
two military companies in the first society in Killingsworth,
being the fourth and seventh companies in the seventh regi-
ment, shewing to this Assembly that, by removing, the num-
ber of souldiers in said companies are so decreased that there
is not a sufficient number for two companies, and praying to
be united into one company: This Assembly do order that said
two companies be united in one military company, by the name
of the fourth company in said regiment, and shall be furnished
witli proper officers accordingly.

Upon the memorial of the selectmen of Fairfield, shewing
to this Assembly that Joseph Bennet, son of Joseph Bennet
of said Fairfield, deceas'd, is, and hath been for several years
past, so distracted as to render him uncapable to provide for
himself, and having no relations that are by law to provide
for him, nor any estate except lands, and that said selectmen
have expended, since October 11th, 1739, the sum of £276
Os. OtZ. for the support of said Bennet, and praying for liberty
to sell so much land of the said Bennet as will make said sum
with twenty pounds more for his present necessity, with the
necessary charges arising on the sale of said lands: Resolved
by this Assembly, that Capt. Samuel Burr, of said Fairfield,
be authorized and impowered to make sale of so much of the
said Joseph Ben net's land as will amount to the sum of £296
0«. 0(^. in bills of credit old tenour, with the necessary charges
thereon, taking the advice of the selectmen of said Fairfield
therein.

Upon the memorial of Daniel Rowley, of Colchester in the
county of Hartford, administrator on tlie estate of Reuben

392 PUBLIC RECORDS [Octobcr,

Rowley, of East Haddam, deceas'd, shewing to this Assembly
that the debts due from tlie estate of the deceased Reuben
Rowley surmount the moveables ,£297 19s. 4d. in old tcnour
bills, and praying to this Assembly for liberty to sell so much
of the lands of the deceased as shall amount to the sum of
X297 I9s-. 4d. with the necessary charges arising thereon:
Resolved by this Assembly, that the said Daniel Rowley liave
liberty to sell so much of the lands of the deceased Reuben
Rowley as shall amount to the sum abovesaid Avith the charge
arising thereon; taking the direction of the judge of the court
of probate for the district of East Haddam therein.

Upon the memorial of Shul)ael Conant and Nathaniel Hall,
executors of the last will and testament of Theophilus Hall,
late of Mansfield in the county of Windham, deceased, pre-
ferred to this Assembly in May last, continued unto tliis As-
sembly, shewing unto this Assembly that the said Theophilus,
deceased, did in his life time, by his bond under his hand and
seal by him lawfully executed, and dated the 24th day of
March, A. D. 174^, bind himself, liis heirs &c., in the penal
sum of one thousand pounds in current bills of publick credit,
conditioned that the said Theophilus, deceased, his heirs &c.,
should make and execute unto Joshua Agard and Benjamin
Agard, their heirs &g., a good quit-claim of one certain tract
or parcel of land lying and being in the township of Mansfield
aforesaid, containing by estimation about one hundred and
twenty-six acres of land described and bounded as in said
memorial and bond is expressed, if the said Joshua Agard
and Benjamin Agard, they or either of them, their heirs &c.,
should pay to the said Hall, his heirs, executors &c., the sum
of four hundred and sixty-five pounds in bills of credit old
tenour at or before the 25th day of December, A. D. 1748;
and further shewing that the said Theophilus died and never
executed the said deed of quit-claim unto the said Joshua
Agard and Benjamin Agard, nor did he devise the same to be
made and executed after his decease, and that the children
and heirs of the said Theophilus, deceased, are minors, and
so uncapable to make and execute the deed of quit-claim as
aforesaid; praying that this Assembly would by their special
decree fully impower the memorialists, or some other meet
person, to make and execute unto the said Joshua Agard and
Benjamin Aj^ard, their heirs and assigns, a deed of release or
quit-claim of the right and title of the said Theophilus Hall,
deceased, his heirs &c., unto the land aforesaid: Resolved by
this Assembly, that the said memorialists be, and they herel)y
are, appointed and authorized to make and execute unto the

1748.] OF CONNECTICUT. 393

said Joshua Agard and Benjamin Agard, their heirs and as-
signs, a deed of release and quit-claim of all tlic right and
title of the heirs of said deceased Theophilus, who are minors,
&c., unto the land aforesaid, upon the said Joshua Agard and
Benjamin Agard their paying unto the said Shubael Conant
and Nathaniel Hall, the executors of said last will and testa-
[467] ment of the || said Theophilus, deceased, the sum of
four hundred and sixty five pounds in current l)ills of publick
credit old tenour, at or before the 25th day of December A. D.
1748, as aforesaid; and that said deed, so executed as afore-
said, shall or may be pleaded as a lawful bar to all and every
action of right, title, inheritance, claim or demand, which is
or may be made by any of the heirs of the said Theophilus,
deceased, who are minors, or any other person by, from or
under them, or any of them, said minors.

An Act for the Alteration of and in Addition to an Act made and passed

at the Sessions of this Assembly held in May, 1747, entituled An Act

for the Regulating and Encouragement of Trade in this Colony.

Be it enacted by the Governor, Coimeil and Representatives,
in Greneral Court assembled, and by the authority of the same.
That there shall not be demanded, collected or received, by
any collector or collectors appointed or that shall be a[>pointcd
in pursuance of said act to collect the duties laid by tlie same,
any duties for any goods, vt^ares and merchandizes, that shall
by any person or persons be imported into this Colony from
any of the neighbouring governments, mentioned in said act,
after the tliirteenth day of this instant October: but the said
act, so far as it concerns the laying of duties on the importa-
tion of goods from the neighbouring governments, from that
time shall be, and the same is hereby, suspended.

That the several collectors of such duties, who have been
appointed in pursuance of said act, shall and they are hereby
required to deliver unto the Treasurer of this Colony tlie sev-
eral sums of money or bills of publick credit, and also such
bonds or securities, as they have respectively taken for duties
on goods imported as aforesaid, at or before the sessions of
this Assembly in May next. And the said collectors are
hereby required to collect of all such persons as have imported
any goods, wares and merchandizes, into this Colony before
the said thirteenth of October instant, since the first day of
January last, for which the said duties ought to have been paid
or secured to be paid as aforesaid, and hath not as yet been
paid or secured to be paid.

And, that such collectors may be the better enabled to exe-
cute the trust reposed in them, and effectually collect the du-

39.4 PUBLIC RECORDS [October,

ties not yet collected according to said act, and to prosecute
such as refuse a complyance therewith,

Be it further enacted hy the authority aforesaid^ That if
such persons who have imported such goods, wares and mer-
chandizes, for which the said duties ought to have been paid
or secured as aforesaid, shall not, within three days after de-
mand shall be made of such duties by any such collector or
collectors, either pay the said duties or give security therefor
according to the directions in said act, such collector or col-
lectors may proceed against such person or persons according
to the direction given in said act. And in case there shall
arise any dispute about the quantity or value of the goods im-
ported, the quantity or value thereof shall be deemed, ac-
counted and judged to be, what the informer or prosecutor in
his information shall alledge and declare the same to be, un-
less the importer thereof will shew and produce in evidence
an account of the true and real quantity or value, under oath
(if thereto required,) which being done may be accepted as
evidence of such quantity or value. And such collectors shall
deliver such further duties and securities unto the Colony
Treasurer, with a fair account of their whole proceedings in
their said office, as soon as may be, out of which shall be de-
ducted and allowed to such collectors the five per centum al-
lowed by said act for their service.

That if any such collector shall neglect or refuse to perform
his trust in the office aforesaid, such collector shall and may
be sued, in the name of the Governor and Company of this
Colony, to render his reasonable account of his doings in such
office ; and being found in arrears, shall pay the same and
forfeit the whole of tlie said five per centum allowed by said
act for his service, which shall be accounted as part of his
arcars.

And whereas divers persons have not only imported goods
into this Colony from Great Britain or Ireland, but also have
[468] on the encouragement given in said act actually || en-
gaged and adventured for the importation of goods, wares and
merchandizes, into this government, for which they are or
may be entituled to the premium of five per centum granted by
said act for the importation of goods from said kingdoms:
And whereas the not paying the same accordhig to the ten-
our of said act would be doing injustice to those persons, as
well as be a breach of the publick faith, which ought to be
preserved, as far as possible, inviolate:

Be it therefore enacted hy the authority aforesaid, That all
such inhabitants of this Colony as have, since the date of said
act, imported into this Colony, on their own proper risque and

1748.] OP CONNECTICUT. 395

account, any goods, wares or merchandizes, from Great
Britain or Ireland, for which the said premium is justly due,
or shall so import any goods, wares or merchandizes, before
the first day of January next, shall receive the said premium
of five per cent, therefor, according as is provided in said act,
out of the duties mentioned in said act as a fund for the pay-
ment of the said premium, so far as they will answer the same,
on their producing orders on the Treasurer, as in said act is
provided.

Upon the memorial of Ebenezer Clark and Ezra Andruss,
a committee for the parish of East Hampton in Midletown,
representing to this Assembly that the inhabitants of said par-
ish being now about to settle the Reverend Mr. Norton in the
work of the ministry among them, asking liberty of this As-
sembly to imbody into church estate, &c. : Resolved by this
Assembly, that tliey have liberty, and they are hereby granted
liberty to imbody into churcli estate, with the approbation of
the neighbouring churches.

Upon the memorial of Jacob Hart, administrator on the
estate of Robert Arnold, late of Standford, deceased, shewing
to tliis Assembly that the debts due from the estate of the
said deceased surmount the movea})le estate of the said Rob-
ert Arnold, late of said Standford, deceased, the sum of £401
4s. lOt^. money, praying to this Assembly for lil)erty to sell
so much of the real estate of said deceased as will answer the
sum of <£401 4s. lOd. with the necessary charges arising
thereon : Resolved by this Assembly, that tlie memorialist
have liberty to sell so much of the real estate of said Robert
Arnold, late of Standford, deceased, as will satisfy. for the
sum aforesaid; and the memorialist is hereby authorized and
impowered to sell so much of the real estate of the said de-
ceased as will answer and satisfy tlie sum of X401 4s. \Qd.
money, with the necessary charges arising thereon, taking the
direction of the court of probate in the district of Standford
therein.

Upon the memorial of Mary Gris would, of Weathersfield,
shewing to this Assembly that her daughter Keziali Griswould
has been utterly deprived of the use of her reason for several
years past, and still continues so, which has occasioned great
charge and cost for her support unto the said Mary Griswould,
and that she is unable to provide for her support as heretofore,
and thereupon praying this Assembly to impower some meet
person to sell a piece of land belonging to said Keziah Gris-
would, lying in Newington in said Weathersfield: It is re-
solved by this Assembly, that Colo. Elizur Goodrich, of

396 PUBLIC RECORDS [October,

Weathersfield, be impowered to sell the abovesaid piece of
land, and to improve the money it shall be sold for to the
benefit and relief of tlie said Keziali Griswould from time to
time, as he shall jndge needful.

Upon the memorial of Thomas Stoughton, agent for the
town of Torrington, representing to this Assembly that the
place already set np for building a meeting-house on in said
town is not convenient for that purpose nor accommodable for
the inhabitants; praying this Assembly for a new committee
to view their circumstances and affix a new place to set a
meeting-house on : This Assembly appoints Colo. Josepli Pit-
kin, Mr. Jos, Buckingham, Mr. Jonathan Hale, a committee
to view the circumstances of said town in respect to a place
for the setting a meeting-house upon, and report their opinion
thereupon to the Assembly in May next.

On the petition of Timothy Parsons, of Durham, vs. Hope
Halley, of Midletown, on file: The question was put, whether
the prayer of said petition should be granted : Resolved by
this Assembly in the negative. Cost alloived respondent £\1
8s. (Jd. old tenour. Ex. granted March 15th, 174f .

[469] This Assembly do order and direct Colo. John Whi-
ting, Treasurer of this Colony, to attend the Assembly on
Thursday the 27th day of October instant, and bring with
him a sufficiency of bills of credit in his hands to defray the
charges of the Assembly.

An Act :provid.ing' for defrasTing- the Charges of prosecuting Criminals
and Delinquents in the Superior Courts in this Colony.

Be it enacted by the Grovernor, Council and Representatives^
in General Court assembled, and by the authority of the same,
That when any charges arise upon. the prosecution of any
criminal or delinquent in the superior court, and such crim-
inal or delinquent hath no estate for paying the same and is
unable to answer the same by service, as the law provides,
such charges shall be paid out of the treasury of this Colony ;
any law, usage or custom to the contrary notwithstanding.

This Assembly being informed that Jonatli. Trumble, Esq"",
being in Boston when one Isaac Jones, who was suspected to
have been counterfeiting the seven shilling bills of credit on
this Colony, was seized by a person who was exposed to great
danger in doing the same, did as a gratuity bestow on him
the sum of eight pounds old tenour, supposing it proper to be
done for the honour of this government: In consideration
whereof, the Treasurer of this Colony is hereby ordered and
directed to pay out of the publick treasury the aforesaid sum
of eight pounds old tenour to the said Jonathan Trumble,
Esqr.

1748.] OP CONNECTICUT.. 397

On the petition of Nathaniel Washborn, of Coventry, vs.
Benjamin Baldwin, of Coventry, as on file: The question was
put, whether the prayer of the said petition should be granted :
Resolved by this Assembly in the negative.

On the petition of Sarah Prentiss, of New London, &c., vs.
Daniel Coit, Esq'', Stephen Lee and George Richards, jun"",
all of New London, as on file: The question was put, whether
any tiling prayed for in the said petition should be granted:
Resolved by this Assembly in the negative. Oost allowed re-
spondents £5 18s. 8d. new tenour bills. Ex. granted March
9th, 174|.

Upon the memorial of Samuel Avei-el and others, living in
the south-east part of the town of Kent, and Edward Cogs-
well and others, living in the north-east part of the town of
New Milford, shewing this Assembly that they are situate at
a great distance from the publick worship in the towns to
which tliey respectively belong, and praying liberty of this
Assembly to hire an orthodox minister to preach among tliem-
selves six months in the year for such term of years as this
Assembly shall think fit, with exemption from taxes, &c. :
Resolved by this Assembly, that the said memorialists have
liberty to hire an orthodox minister amongst themselves six
months in a year for the space of four years next coming,
with exemption from any ministerial charges in tlie towns to
wliich they respectively belong for such term of time only as
they shall hire among themselves.

Upon the memorial of Mr. Henry Wills, of the west society
in Norwich, shewing that he hath been for many years past,
and still is, the minister of said society, and that on account
of difficulties subsisting therein he, by a committee from this
Assembly, is advised to resign his charge over that people;
and thereupon praying this Assembly to order the said society
to pay him the arrears of his salary and a just compensation
for his resigning as aforesaid, in case the report of said com-
mittee be approved, which now by this Court is accepted and
approved: Resolved by this Assembly, that it be recom-
mended, and it is hereby recommended to the said Mr. Henry
Wills and the inhabitants of said society, to endeavour as much
as possible amicably to settle and conclude those matters by
agreement among themselves, at or before the first day of
January next. And it is further resolved, that the Hon'''^
Roger Wolcott, Esqt", Samuel Lynde and William Pitkin,
Esqi's, be appointed, and they are hereby appointed, a com-
mittee to hear the parties in the matters aforesaid, in case a
settlement thereof be not made as aforesaid by the time afore-

39S p-UBLic RECORDS [October,

said ; and on the request of the parties, or either of them, after
the time aforesaid, the said committee are directed to repair
[470] to the said society and determine what they judge ||
the said Mr. Wills ought to receive more than he has received
on account of his salary since the 20th day of December,
1745, and therein to take an account of what has been paid,
and by whom, that such persons may have the credit thereof
in the tax to be raised for the payment of such arrears ; also
the said committee are directed to determine what compensa-
tion the said society shall make to the said Mr. Wills, in case
he resigns as aforesaid, for the temporal loss he shall sustain
thereby, and make report of their doings to this Assembly in
May next.

Upon the petition of John Ingersole, of Windham, shewing
to this Assembly that before the county court held at Wind-
ham in June last, one Thomas Wheeler, of Plainfield in said
county, obtained final judgment against him on a note for
£400 Os. 0^., and making evident that althS the matters by
him in answer to said demand were in fact true, and also suf-
ficient, if well pleaded, to bar said action, yet on failure
therein in point of form, lost his case, &c., praying relief, &c.:
Resolved by this Assembly, that the petitioner have liberty of
a new tryal of said case at the county court to be held at
Windham in December next ; and that he also on good and
sufficient bond with surety being given, conditioned for his
appearance at said court and abiding final judgment that may
be rendered in said cause, be by the sheriff of said county
suffered to go at large from said goal ; and that the whole
cost also follow the final tryal.

On the petition of Joseph Holland, late of Mortlake now of
Pomfrett in the county of Windham, vs. Daniel Kimbal, Rich-
ard Kimbal, Samuel Kimbal, and Richard Peabody, guardian to
said Samuel, and Sarah Kimbal and Mary Kimbal, all of said
Pomfrett, and Ezeklel Spaulding and Martha his wife, both of
Canterbury, and Solomon Millington and Mehitabel his wife,
both of Mansfield in said Windham county, as on file : The
question was put, whether the prayer of said petition should
be granted : Resolved by this Assembly in the negative.

An Act directing how to proceed when it shall be necessary to build a
Meeting- House for Divine Worship.

Be it enacted hy the Crovernor., Council and Representatives, in
General Court assembled, and, hy the autliority of the same,
That when any parish or religious society, allowed to be such
by this Assembly, or establislied and approved by the laws of
this Colony, (those only tolerated by the laws of this Colony
and dissenting from us excepted,) shall by their vote (wherein

1748.] OF CONNECTICUT. 399

two-third parts of the inhabitants qualified by the law to vote
and present in the meeting of such parish or religious society,)
declare it to be necessary to build a meeting-house, every such
parish or society shall apply themselves to the county court
in the county where such parish or society is situate, to ap-
point and affix the place whereon their meeting-house shall be
erected and built ; and the county courts in the respective
counties are hereby authorized and impowered to hear all
concerned and take proper measures for the affixing such
place, and to appoint, order and affix tlie place whereon their
meeting-house shall be erected and built ; which being done,
concluded and ascertained, by the judgment of the county-
court in the county where such parish or society is situate,
the committee of such parish or society shall forthwith give
due notice to the parishioners to meet at some suitable time
and place, to authorize and appoint some meet persons to be
a committee for setting up, building and finishing, an house
proper and suitable for such an improvement, on the place
appointed as aforesaid ; at which meeting the said society
shall proceed to grant and levy a tax on the inhabitants of
such parish, to be collected and paid to the said committee to
enable them to go forward with the said building ; and tlic
clerk of the parish or society shall keep the accompt of their
disbursements ; and it shall be the duty of every such clerk
to certify the county court which gave such order the doings
of the society, at their next sessions after the fixing the place
as aforesaid, as also the progress of the committee in building
such house, to each cou)ity court in the county at their stated
[471] sessions till the || house be finished, and for every neg-
lect of his duty therein shall incur the penalty of ten pounds
to the county treasury in such county, to be recovered of such
clerk before the county court in the county where the society
is situate, by action, bill, plaint or otherways, as the law will
allow, in which case no review shall be admitted.

And it is herehij further provided^ That if the county court
in such county do find by the clerk's certificate that the in-
habitants of such society do not proceed to set up and finish
a meeting-house at the place appointed as aforesaid, and cer-
tify the same to this Assembly, this Assembly will assess and
levy upon such society from time to time such sura and sums
of money as may be needful to set up and finish such meeting-
house, whicli shall be by order of this Assembly accordingly
improved ; and every such sum of money shall be by the Treas-
urer of the Colony added to the publick tax of the society, and
gathered as a part of the publick tax l)y the constable who
gathers the country rate, and paid into the publick treasury, to

400 PUBLIC RECORDS [October,

be reimbursed for the use aforesaid, who shall by order of tliis
Assembly deliver the same to such person or persons as by
this Assembly shall be appointed.

And it is hereby further enacted; That for the future it shall
not be lawful for any of the societies aforesaid, or any part of
such society, to build or set up any meeting-house for relig-
ious worship without procuring the county court in the county
where such society is situate first to ascertain the place for it,
as in this act is limited and provided ; and whosoever shall
transgress this order shall incur the penalty of one hundred
pounds to the treasury of such county, to be recovered by ac-
tion, bill or plaint, before any of the county courts in the
county where the transgression shall be committed.

A7id it is hereby further enacted, That the proceeding in set-
tling and affixing such meeting-house place shall be at the
charge of the parish or society where such house is needed,
and such county court shall be allowed fees for their judgment
thereon as in the tryal of other causes.

A7id it is hereby further enacted, That the law entituled An
Act how to proceed when it shall be necessary to build a
meeting-house for divine worship, made and passed by this
Assembly in May, 1731, be repealed, and the same is hereby
repealed.

Upon the memorial of Alpheus Gustin, of Glassenbury in
the county of Hartford, administrator on the estate of Henry
Goslce late of Glassenbury, deceased, representing that there
is in debts due from said estate the sum of .£55 14s. 6d. more
than the moveable estate, and what real estate of said deceased
hath been heretofore granted and ordered to be sold for the
payment of the deljts of said deceased, <fec. : Tiesolved by this
Assembly, that the said administrator have liberty further to
sell so much more of the lands or real estate of said deceased
as will pay the aforesaid sum of X55 14s. Qd. and incident
charges arising on said sale ; and full power is hereby granted
unto him for that purpose, he taking the direction of the court
of probate for the district of Hartford tlierein.

Upon the memorial of the inhabitants of Marlborough,
brought by their agent William Buel of said society, she wing-
to tliis Assembly that they are building a meeting-house and
settling a minister among them, which is a very great charge
and burthen to them under their low circumstances, and pray-
ing this Assembly to lay a tax of twelve pence on the acre
yearly on all the unrated lands in said society for the space of
four years next coming, to be improved towards the building
a meeting-house and settling a minister: Resolved by this

1748.] OP CONNECTICUT. 401

Assembly, that there shall be a tax laid on all the unrated
lands in said society of four pence on the acre for tlie space
of four years, to be improved for the purposes aforesaid, to be
collected by the collector chosen by said society to collect the
society rate for the time being.

Upon the memorial of James McCall, Gideon Hunt and
Abigail Hunt his wife, all of Lebanon, executors of the last
will and testament of Edward Culver, late of Lebanon, de-
ceased ; praying for liberty to sell so much of the real estate
of said testator as shall make the sura of X205 12s. 8(^. old
tenour, to pay the debts due from said testator's estate more
than the personal estate amounts to : Resolved by this Assem-
bly, that the said James McCall, Gideon Hunt and Abigail
Hunt his wife, executors as aforesaid, have liberty to sell, and
liberty is hereby granted them to sell, so much of said testa-
tor's real estate as shall make the said sum of <£205 12s. Sd.
old tenour with the incident charges arising thereon, to pay
the debts due from said estate, taking the direction of the
court of probate in the district of Windham therein.

[472] On the memorial of Nathaniel Stow, of Midletown,
administrator on the estate of Ebenezer Stow, late of Midle-
town, deceased, shewing to this Assembly the debts due from
tlie estate of the said deceased surmount the moveable estate
the sum of £822 Os. Od. bills of credit old tenour; praying
for liberty to sell so much of the real estate of said deceased
as to make said sum with the charges arising on said sale :
Resolved by this Assembly, that the said administrator have
liberty, and it is hereby granted to said administrator liberty
to sell so much of tlie real estate of said deceased as to make
said sun^ and the charges thereon arising, taking the direction
of the court of probate in Hartford.

Upon the memorial of John Norton, of Farmingtown in the
county of Hartford, shewing that he, some time past, mort-
gaged eighteen acres of land to the Governor and Company
of this Colony for the sum of X.50 old tenour &c., and that on
failure to pay the money by the time limited the said Gover-
nor and Company obtained final judgment for recovery of the
said land and damage and cost, and that he has now since the
first session of this Assembly lodged the principal sum and
interest to this time and cost in the hands of Mr. Edwards,
agent <fec., for the use of the treasury, and praying liberty to
redeem his said land &c. : Resolved by this Assembly, that on
payment into the treasury of this Colony of the principal sum
by said Norton borrowed with the interest thereof, and on
pavment also of ten pounds old tenour more for all other
61

402 PUBLIC RECORDS [Octobei,

costs, Nathaniel Stanly and George Wyllys, Esqi's, (the com-
mittee to such end appointed,) do execute to the memorialist
in due form of law a quit-claim of said mortgaged lands.

Upon the memorial of John Dodge, of Colchester, shewing
that on the 8th day of October, A.D. 1739, for the sum of
£92 Os. Od. money, he conveyed a certain tract of land to Mr.
Samuel Brown, of Salem in the Province of the Massachusets
Bay, by a deed well executed on said day, as of record appears,
and that said Brown made a bond to said Dodge to reconvey
said tract of laud situate in the township of Colchester, con-
taining thirty-four acres and one hundred and ten rods,
beginning at a white oak tree on the west side of the road
from Colchester to New Salem parish in Lyme, being Josliua
Hempstead's corner, thence westerly by said Hempstead's
land to the northwest corner thereof about 117 rods to a white
oak tree and stones about it, thence northerly 24 rods to an
heap of stones, thence easterly by undivided land and Hemp-
stead's land 125 rods to Hempstead's southeast bounds a lieap
of stones by said road, thence southerly by said road 65 rods
to the first boundary, as described in said deed, upon said
Dodge's paying said Brown said ninety-two pounds at or before
tlie 8th day of October, 1742, and that before said time said
Brown departed this life, and said Dodge tendered said sum
to said Brown's attorney before the said 8th of October, 1742 ;
praying some meet person may be authorized to execute an
ample deed of sale to said Dodge on payment of said sum
with interest &c., as per his memorial on file : Resolved, that
Mr. Epes Sergeant and Mrs. Katharine Sergeant be, and they
are hereby, authorized to make and execute a deed of sale of
said tliirty-four acres and one hundred and ten rods of land
abovementioned, to said John Dodge in due form of law, on
said Dodge's paying the sum of one hundred and sixty-five
pounds twelve shillings, within two months.

On the memorial of John Munson, Isaac Dickerman and
John Hitchcock, all of New Haven, &c., citing Amos Sperry
of New Haven <fec., as on file : The question was put, whether
the pleas offered by the respondent in abatement <fec. are suffi-
cient : Resolved by this Assembly in the affirmative. Cost
allowed respondent £2 14s. 2d. new tenoiir bills of this Colony.
Ex. granted October 29th, 1748.

Upon the petition of Josiah Smith and John Smith jun"",
both of New London, shewing to this Assembly that on the
29th day of September last past they, the petitioners, obtained
a judgment for each of said petitioners, before a court of
commissioners held in said New London by special act of As-

1748.] OP CONNECTICUT. 403

sembly, against the estate of Capt. John Prentiss late of said
New London, deceased, which said estate is in the hands of
Sarah Prentiss, executrix on the last will of the said John
Prentiss, for the sum of £116 3s. Od. old tenour bills of
credit in the whole, and also took out executions on said
judgments, directed to the sheriff of the county of said New
London, or to either of the constables of the town of said New
London, requiring them to levy said executions on the estate
aforesaid in the hands of said executrix, which said execution
has since been returned and endorsed by the sheriff of said
[473] New London with a (^non est inventus,') || praying for
relief in the premises : Resolved by this Assemijly, that in
case said executions shall not be fully paid and satisfied,
within two months from the date of said executions, that then
the said court of commissioners shall, and they are hereby
authorized, impowered and directed, at the instance and re-
quest of the said petitioners, or either of them, to issue out a
writ of scire facias against the said Sarah Prentiss, to shew
reason wherefore said judgment should not be affirmed against
her in her single capacity ; and the said court are hereby im-
powered and directed to proceed therein as other courts in
this Colony are by law enabled to do on such writs. Cost al-
lowed petitioners £1 14s. llcZ. new tenour hills. Ex. granted
March ^th, 11 Al.

Upon the memorial of Thomas Stephens, of Plainfield,
administrator on the estate of James Gerrild, of Plainfield,
deceased, shewing to this Assembly that the debts due from
the estate of said deceased amount to the sum of X404 19s.
Qd. more than the personal estate of said deceased, and pray-
ing that some suitable person might be appointed to sell so
much of the lands belonging to the estate of said deceased as
will amount to that sum with the incident charges : Resolved
by this Assembly, that the said Thomas Stephens be, and is
hereby, appointed and impowered to sell so much of the lands
belonging to the estate cf said deceased as will amount to the
sum of £404 19s. ^d. with the incident charges thereon
arising, to pay said debts ; taking the direction of the court
of probate in the district of Plainfield therein.

Upon the memorial of Israel Dayton and Dinah Dayton his
wife, of New Haven, administrators on the estate of Moses
Clark, late of New Haven, deceased, representing that the
debts due from said estate do exceed the moveables of said
estate the sum of £44 12s. 10(^.,and praying liberty to sell
so much of the real estate of said deceased as shall enable
them to pay said sum with charges of sale &c. : Resolved by

404 PUBLIC RECORDS [October,

this Assembly, that said administrators have liberty to sell so
much of the real estate of said deceased as shall enable said
administrators to pay said sum with contingent charges of sale,
taking the advice and direction of the court of probate for the
district of New Haven therein.

Upon the memorial of the inhabitants of the society of Gilead
in Hebron, representing to this Assembly that they have oc-
casion to build a meeting-house in said society, and that they
had unanimously agreed by a vote of said society upon the
place for setting a meeting-house for the worship of God in
said society : Resolved by this Assembly, that the place for
setting a meeting-house in said society shall be at the place by
them so agreed upon, (^viz ;) at a place encompassing a stake
and heap of stones standing about four or five feet off the line
of Ellphalet Young's land, in the highway at the southwest
corner of his house-lot.

Upon the memorial of Timothy Ailing, of New Haven,
praying that the land mortgaged by him for the first loan-
money of the old tenour, as per his memorial on file : Resolved
by this Assembly, that said Ailing shall have a deed of release
of the land by him mortgaged as aforesaid, on his paying
into the publick treasury the principal sum borrowed and the
interest thereupon arising till payment be made, and all cost
and charges of suit, and twenty pounds more old tenour for
other charges.

Upon the memorial of the committee of the first society in
Norwich, representing to this Assembly that they are wholly
destitute of a collector to collect part of their society rate, by
reason of several persons who were by said society chosen to
that office refusing to serve in that office : Resolved by this
Assembly, that some proper person be appointed by this As-
sembly to collect that part of said society rate that Abiel
Marshall was by said society chosen to collect. And this As-
sembly do hereby appoint Gideon Fitch, of said society, to
collect that part of said society rate abovementioned, and that
it shall be lawful for said Gideon Fitch to take out of the
money by him collected the sum of two and a half j!?er cent.
as a reward for his trouble therein, and that said Gideon Fitch
is hereby fully impowered to collect said rate, and shall be
accountable for the sums by him collected as by law he would
have been if chosen by said society according to law.

Upon the petition of Joseph Wilcox and Stephen "Wilcox,
of Killingsworth, executors of the last will and testament of
Jose[)h Wilcox, late of Killingsworth, deceased, representing
to this Assembly that Elizabeth Wilcox, of Killingsworth,

1748.] OP CONNECTICUT. 405

widow, obtained judgment against them at the superior court
held at Norwich on the 4th Tuesday of March last, within
and for the county of New London, and that thrS a mere
mistake or forgetfulness in their attorney's not giving bond
[474] for a review, || or the clerk of said superior court not
enterhig that bond was given to prosecute a review in said
cause ; praying that this Assembly would grant to them the
liberty of another tryal of said cause and of entering said
action in the next superior court to be held at Norwich afore-
said on the 4th Tuesday of March next, as though the same
came there by review &c. : Resolved by this Assembly, that
the said Joseph Wilcox and Stephen Wilcox are hereby
granted liberty of entering said action at the next superior
court to be holden at said Norwich on the 4th Tuesday of
March next, and to proceed in said case as though the same
came there by review ; they giving sufficient bond for the
prosecution thereof in due form of law.

Upon the petition of Daniel Hovey, of Mansfield in the
county of Windham, representing to this Assembly that on
the 28th day of January, A.D. 174|, he borrowed of one
Mary Stutson, of the same town of Mansfield, sixty pounds
money old tenour, and in security of the payment of the said
sum, with seven pounds ten shillings more interest for one
year after the same 28th of January, he gave the said Mary a
deed of his house and lot in said Mansfield, bounded and
described as in the deed thereof may appear, dated the same
28th day of January, and the said Mary gave him, the peti-
tioner, her bond of XIOOO Os. Od. to oblige her to reconvey
said house and land upon the petitioner's paying the sum of
sixty-seven pounds ten shillings, which bond bears even date
with said deed ; and that by necessity he was unable to pay
the said ^67 10s. Od. by the time set, but tendered the sum
of £73 lis. Sd. which was the full sum due to her in equity in
tlie month of July, 1746, wliich she refused and bro't her
action against the petitioner for a surrendry of said house and
land, upon which she recovered a final judgment at the supe-
rior court held in Windham in March last past, for the
surrendry of said house and land with £29 4s. lOcZ. cost;
praying relief, as per his petition on file appears : Whereupon
it is resolved by this Assembly, that upon the s£fid Daniel
Hovey's or his heirs paying or tendering unto the said Mary
Stutson or her heirs the sum of one hundred and thirty
pounds at or before the first of January next, the said Mary
Stutson or her heirs shall give unto the said Daniel Hovey
or his heirs a release of all the house and lands and estate

406 PUBLIC RECORDS [October,

contained in said deed of all the right and title therein, and
that she shall take no benefit of the cost contained in the said
judgment of the superior court aforesaid. And in case the
said Mary or her heirs shall refuse so to give a release as
aforesaid, within one month after the payment or tendry of
the said sum of one hundred and thirty pounds, that then
the said Mary, her heirs, executors or administrators, shall
render and pay unto the said Daniel Hovey, his heirs, execu-
tors or administrators, the sum of one thousand pounds
money as aforesaid.

Upon the petition of the Reverend Mr. Samuel Dorrance,
of Voluntown, shewing to this Assembly that he settled in
the ministry in said town in the year 1723, where he has
officiated in that service ever since ; that the town of Volun-
town granted him the sum of one hundred pounds for his
yearly salary ; that the paper currency is greatly discounted
since the making said grant ; that the inhabitants of said
Voluntown have hitherto refused to pay the petitioner any
more than the sum of one hundred pounds in bills of credit
old tenour for his yearly salary, which sum is altogether in-
sufficient for his support ; praying to this Assembly for relief, as
per petition on file appears : Resolved by this Assembly, that
the town of Voluntown shall pay to the Reverend Mr. Samuel
Dorrance the sum of three hundred pounds old tenour bills
to make up his salary to the 25tli day of December next, for
two years last, besides the one hundred pounds already paid
him for the year 1747 ; and that Joseph Eaton of Voluntown
be, and is hereby, appointed and impowered a collector to
collect a rate to be made on the polls and rateable estate of
said inhabitants for that purpose, with the same power as
other collectors in this Colony have.

Upon the memorial of Isaac Pinto, of Stratford, represent-
ing to tliis Assembly that in his way of trade he received a
counterfeit bill made in imitation of a bill of publick credit
of forty shillings of the Province of the Massachusets Bay of
the new tenour, and two other counterfeit bills made in imita-
tion of twenty shilling bills of publick credit of this Colony
of the new tenour, supposing them to be true bills, but upon
comparing them with the false plates produced in the tryal
[475] of Samuel Weed before the special superior court held
at New Haven, the said bills were found to be counterfeit
and were accordingly lodged with said court ; praying this
Assembly to grant him leave to draw the amount of said
bills out of the publick treasury of this Colony, being fifteen
pounds old tenour: Resolved by this Assembly, that the

1748.] OF CONNECTICUT. 407

said Isaac Pinto have the privilege of taking fifteen pounds
money old tenour out of the publick treasury of this Colony,
in lieu of tlie aforesaid counterfeit bills, and the Treasurer of
this Colony is hereby ordered to deliver the same fifteen
pounds accordingly.

Upon the memorial of Mathew St. John, agent for the
town and proprietors of Sharon, praying tliat a rate of six
pence old tenour per acre may be laid on all the lands in said
town laid out or granted to be laid out, and to continue for and
during the space of four years <fec. : Resolved by this Assem-
bly, tiiat there be a rate of three pence old tenour per acre
laid upon all the lands in said town of Sharon either laid out
or granted to be laid out, to be levyed of the estate of the
owners thereof, and that tbe same be collected by the collec-
tor of the rates of the said town for tlie time being, and to be
and continue during the term of four years commencing from
the rising of this Assembly, to be improved for and towards
the settlement and maintenance of a regular orthodox gospel
minister in said town.

Upon the memorial of Thomas Harrison and otbers, in-
habitants living in tlie south part of the town of Litchfield,
within the bounds following, (^viz:^ Beginning at Waterbuiy
bounds by a white oak crotched tree at a place called the
Branch, thence northward three miles by the branch to Paul
Peck's sixty acres, thence west five miles, thence south three
miles to Woodberry bounds, thence by said Woodberry and
Waterbury to said oak tree ; representing to this Assembly
the great distance of said inhabitants from the place of pub-
lick worship where they respectively belong, &c. : Resolved
by this Assembly, that all those inhabitants that do or shall
live within the Ijounds aforesaid shall and may have a meet-
ing amongst themselves for publick worship three months in
every year in the winter season, and that during the time
they shall hire and improve an orthodox minister to preach
among them, within the season aforesaid, they shall be ex-
empted from paying any ministerial charges or taxes to those
societies where they respectively belong.

Upon the memorial of Joseph Parkhirst, of Plainfield,
shewing to this Assembly that he brought his petition to the
General Assembly of this Colony at their sessions in May,
1747, praying for the reversion of a judgment of the superior
court at Windbam on the 3d Tuesday of September, 1746 ;
that he paid the full of the Assembly's fees for the hearing
the same ; that he withdrew the same before hearing ; pray-
ing that this Assembly would order the same to be returned

408 PUBLIC RECOEDS [October,

to him, exclusive of that part which belongs to the Secretary:
Eesolved by this Assembly, that the Treasurer of this Colony
pay to the said memorialist the sum of one pound fifteen
shillings new tenour, taking a receipt for the same.

Upon the memorial of Mr. Isaac Chalker, of the parish of
Eastberry in the town of Glassenbury, shewiug that having
many years past been a settled minister in the town of Beth-
lehem in the Province of New York, he, by occasion of great
and extreme differences and disorders in said place arising in
religious matters, obtained an orderly dismission from the
pastoral care of that people, and hath now some years since
been regularly ordained and settled in the work of the minis-
try in the said parish of Eastberry, and that he by being so
broken up at said Bethlehem, put to great expence in his
removal, and by a series of adverse providences deeply in-
volved in debt, insomuch that neither he himself nor his poor
and needy parish are able in any wise to extricate him, &c. ;
thereupon prays to be relieved <fec., as per his memorial on
file : Resolved by this Assembly, that the memorialist be
allowed to have and receive (on good security) out of the
publick treasury of this Colony the sum of six hundred and
fifty pounds in bills of the old tenour, interest free, for and
during the space of one full year ; and that Nath' Stanly and
Joseph Buckingham, of Hartford, Esq''^ be a committee of
the memorialists to take and receive such security, for and on
the behalf of the Governour and Company of this Colony.

Upon the memorial of Jacob Blakely, a constable of Water-
bury, exhibiting an account unto this Assembly to the amount
of £16 12s. Od. old tenour, for service done in taking Samuel
Weed and sundry times carrying him to the goal &c., and
praying that he might have said sum out of the publick treas-
ury : Resolved by this Assembly, that the said memorialist
have said sum out of tlie publick treasury accordingly.

[476] This Assembly do establish and confirm Mr. Daniel
Lawrence, junr, to be Captain of the north company or train-
band in the town of Canaan, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Uriah Stephens
to be Lieutenant of the north company or trainband in the
town of Canaan, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Isaac Lawrence
to be Ensign of the north company or trainband in the town
of Canaan, and order that he be commissioned accordingly.

This Assefmbly do establish and confirm Mr. John Beebe to

1748.]

OP CONNECTICUT.

409

be Captain of the south company or trainband in the town
of Canaan, and order that he be commissioned accordingly.

This Assembly do establisli and confirm Mr. Benjamin
Cowles, to be Lieutenant of the soutli company or trainband
in the town of Canaan, and order that he be commissioned
accordhigly.

This Assembly do establish and confirm Mr. Josiah Dean,
jun"", to be Ensign of the south company or trainl)aiid in the
town of Canaan, and order that he be commissioned accord-
ingly.

The Sums total of the Lists of Estate of the several Towns in this

Colony hereafter mentioned, sent in to this Assembly

and. accepted, are as follow, (viz :)

5 New Haven,

6 Fairfield,
1 Norwich,
0 Stand ford,
0 Dan bury,

7 Windsor,
0 Farmingtown,
6 Killings worth,
0 Stoningtown,
6 Preston,
0 New Milford,
6 Say brook,
0 Mansfield,
0 Voluntown,
0 Colchester,
0 Killingly,
0 Newtown,
9 Derby,
4 Greenwich,
0 Midletown,
0 Ashford,

6 Wallingford,

7 Durham,
3 Litchfield,

An Act in Addition to an Act entituled An Act to prevent Nuisances by
Hedges, Wears &c. in Rivers.

Be it enacted by the G-overnor, Council and Representatives
in Greneral Court assejnbled, and hy the authority of the same,
That for and during tlie term of two full years, to commence
from the rising of this Assembly, no seine at any place in Wind-
sor Little River, (so called,) within one mile from the mouth
thereof, shall be used or drawn, nor in Connecticut River on
62

Hartford,

36964

New London,

30937

Windham,

28588

Woodberry,

23705

Hebron,

15462

Milford,

27610

Glassenbury,

12021

Weathersfield,

25198

Coventry,

14286

Waterbury,

15277

Symsbury,

16534

Canterbury,

12972

Plainfield,

11242

Lebanon,

35570

Pomfrett,

14533

East Haddam,

17813

Norwalk,

32743

Brandford,

22207

Guilford,

32274

Groton,

20918

Tolland,

7536

Lyme,

22564

Haddam,

10318

Stratford,

35563

Ridgefield,

8986

<£

52612

lOi

47566

50945

27184

15087

36453

36518

14261

29490

17827

11865

19643

13880

8785

19657

19670

12284

10290

20267

44155

10293

38885

11060

9783

410 PUBLIC RECORDS [October,

the west side thereof within one quarter of a mile below the
mouth of said Little River, save only in the day time between
the rising and setting of the sun, nor any tramel net put
down or set for the catching of fish within said distances up
said Little River or below the mouth thereof, at any time, by
night or by day, within said two years, on the penalty of
twenty shillings new tenour bills for every transgression of
this act, to be recovered by bill, plaint or information, the one
half thereof to be to and for the complainant, and the other
half to and for the use of said town of Windsor.

[477] An Act for preventing- a Multiplicity of Petitions to the General

Assembly.

Be it enacted hy the Governor, Council and Representatives,
in General Court assembled, and by the authority of the same,
That for the future no petition shall be preferred to tliis As-
sembly wherein the value of the debt, damage, or other matter
about which the controversy did arise, does not exceed the sum
of fifteen pounds in bills of credit new tenour.

This Assembly grants a rate of two pence on the pound new
tenour, on all the polls and rateable estate in this government,
to be paid into the treasury of this Colony in new tenour or
in bills of credit of this Colony of the old tenour equivalent,
(u/2:) three shillings and six pence in old tenour for one shil-
ling \\G\f tenour.

Whereas the listers of the town of Brandford endeavouring
to send their additions to the list of said town to this Assem-
bly in May last, and the same failing by accident, and the
same being now sent to this Court to the amount of £1872 3s.
Zd. of siiigle additions and fourfold assessments blended to-
gether: Resolved by this Assembly, that the aforesaid sura be
added unto the list of said town as though the same had been
sent in May last, and the same all in addition. And the
Secretary of this Colony is directed to send to the Treasurer
of said Colony a copy of this act, who is likewise hereby or-
dered to take the tax of said town accordingly.

Resolved by this Assembly^ That his Honour the Governor
be desired, and he is hereby desired, to write to Eliakim Pal-
mer, Esq^ our Agent at Great Britain, and give him direc-
tions that if the money granted this Colony on account of the
taking Cape Breton be paid to him without any restrictions as
to the application of it, that he give this Colony notice of it as
soon as may be, and in the mean time that he put it into
some bank or banks in England, where the same may be safe
and draw an interest on it while it lies there, it being our de-
sign to draw the same again out of the bank with all possible

1748.] OF CONNECTICUT. 411

speed, to appropriate it, so far as it will go, to draw in and
discharge our bills of credit.

His Honour tlie Governor having laid before this Assembly
a copy of a proclamation by their Excellencies the Lords Jus-
tices, for the taking off tiie prohibitions and restrictions creat-
ed by an act of Parliament made in the 13th year of his
Majesty's reign, intituled An Act for prohibiting commerce
witli Spain, wherein all commerce between liis Majesties sub-
jects and those of Spain in Europe was prohibited and re-
strained in manner in said act mentioned, given at Whitehall
the 25th day of August, 1748, witli tlicir Lordships' directions
signified to the Governor and Company of this Colony to
cause the same to be published in all proper places in tliis
government: Whereupon it is resolved by this Assembly,
that the said proclamation be .publislied in the respective
counties of Hartford, New Haven, New London, Fairfield and
Wiudbam; and in order thereto, the Secretary of this Colony
is hereby directed to send attested copies of the said procla-
mation and of this resolve to the several sheriffs of the re-
spective counties aforesaid, who are hereby ordered, on receipt
thereof, forthwith to publish tlie same in their respective
counties, that his Majesty's subjects therein may be suffi-
ciently informed thereof.

Resolved hy this Assembly, That Messrs. Jeremiah Miller,
Jeremiah Chapman jun"", and Colo. Gurdon Saltonstall, or
any two of them, be a committee, and they are hereby au-
thorized and impowered, to make sale of the Colony sloop
Defence, now lying in New London harbour, with her boat,
tackling, cables, anchors and apparrel, to the best advantage.
And said committee is fully authorized to give an authentick
bill of sale of said sloop. And said committee arc directed to
take bonds with surety, in the name of the Governor and
Company of this Colony, payable within one year from the
sale of said sloop, which said bonds said committee shall put
into the hands of the Treasurer of this Colony, taking his
receipt for the same, which receipt shall be lodged with the
Secretary. And said committee are directed to take care of
the guns and Avarlike stores of said sloop, and secure them
for the use of this Colony, and make report of their doings
thereon to this Assembly in May next.

[478] This Assembly grants to the Honourable Jonathan
Law, Esqr, the sum of one hundred and thirty pounds in new
tenour bills of publick credit, for the last half year's salary
the current year.

This Assembly grants to the Hon^ie Roger Wolcott, Esq"",

412 PUBLIC RECORDS [May,

the sum of sixty-five pounds in new tenour bills of piiblick
credit, for his half year's salary until May next.

This Assembly grants to George Wyllys, Esq"", Secretary,
twenty pounds in bills of the new tenour, for his salary the
past and current year.

This Assembly grants to Mr. Green, the printer, the sum
of thirty-six pounds in bills of credit of the new tenour, for
one year's salary.

Resolved^ That the hearing of petitions, memorials and other
private matters that shall be depending at the sessions of this
Assembly in May next, shall be suspended till the second
Tuesday after the beginning of said session,* and that no non-
suit or default shall be entered against any person for not
appearing before that time.

Mesolved, That the several petitions and memorials and
reports of committees now lying on the files of this Assembly
and not acted upon, be contiimed, and the same are hereby
continued to the sessions of this Assembly to be holden at
Hartford in May next.

Whereas this Assembly is drawn out to such a length that
all the members thereof cannot conveniently attend to hear
the records read off: This Assembly appoint Nath'. Stanly,
William Pitkin, John Chester, Esqfs, Colo. Thomas Welles,
Colo. Joseph Pitkin, And Mr. Jos. Buckingham, a committee
to attend his Honour the Deputy Governor, to hear the rec-
ords of the acts and doings of this Assembly read off, and see
them signed by the Secretary as perfect and compleat.

The whole record of the several Acts, Grants and Orders of
this Assembly, as they stand entered on the pages of this
book next preceding, was read off in the presence of his
Honour the Deputy Governor and the major part of the com-
mittee abovenamed, and signed as compleat.

Gp^orge Wyllys, Secretary.

[479] Anno Megni Regis Georgii secv.ndi vigessimo-seeundo.

At a General Assembly holden at Hartford in his Maj-
esty's Colony of Connecticut in New England in Amer-
ica, ON THE second THURSDAY OF MaY, (BEING THE IItH
DAY OF SAID MONTH,) ANNOQUE D03IINI 1741), AND CONTINUED
BY SEVERAL ADJOURNMENTS UNTIL THE THIRD DAY OP JuNE
NEXT FOLLOWING.

* To afford time for considering: the new Revision of the Laws, made by Mr.
Fitch. Civil Officers Sfc. III. 175.

1749.] OF CONNECTICUT. 413

Present :
The Honourable Jonathan Law, Esq"", Governor.
The Hon^'e Roger Wolcott, Esq^, Deputy Governor.

James Wadsworth, Ebenezer Silliman, ^

Nathaniel Stanly, Jonathan Trumble,

Samuel Lynde, Hezekiah Huntington, I ^ Assistants

William Pitkin, John Bulkley, r^^^ , JLssistants.

Thomas Fitch, Andrew Burr,

Roger Newton, John Chester,

Representatives or Deputies that attended at the Assembly are
asfolloiv, (viz:)

Colo. Joseph Pitkin, Mr. Thomas Seymour, for Hartford.

Mr. Jeremiah Miller, Mr. Jeremiah Chapman, jun"", foi- New
London.

Colo. Jabez Huntington, Mr. Jonathan Huntington, for Wind-
ham.

Colo. Elisha Williams, Capt. Jonathan Belden, for Weathers-
field.

Capt. Asahel Strong, Mr. Joseph Hooker, for Fatmiiigton.

Colo. Jonathan Hoit. Mr. Abraham Davenport, for Stanford.

Mr. Penuel Child, Mr. Joseph Leavinze, for Killingly.

Mr. Steplien Hopkins, Mr. Timothy Judd, for Waterl)ury.

Colo. William Preston, Mr. Noah.Hinman, for Woodberry.

Capt. Rol)ert Walker. Capt. Joseph Blackleach, for Stratford.

Colo. Benjamin Hall, Mr. Gideon Ives, for Wallingford.

Major Ebenezer Marsh, Capt. Joseph Bird, for Litchfield.

Mr. Zebulon West, Mr. John Lothrop, for Tolland.

Mr. Hezekiah Brainerd, for Haddam.

Mr. James Benedict, Mr. Samuel Olmstead, for Ridgfield.

Capt. Jonatban Lane, Mr. Benjamin Gale, for Killingsworth.

Mr. John Northrop, Mr. Henry Glover, for Newtown.

Capt. Joseph Phelps, Capt. William Buel, for Hebron.

Capt. Isaac Dickerman, Capt. Samuel Sherman, for New
Haven.

Capt. John Read, Mr. David Rowland, for Fairfield.

Mr. Ebenezer Backus, Mr. Isaac Tracey, for Norwich.

Mr. James Bicknal, Mr. Benjamin Walker, for Ashford.

Colo. Shubael Conant, Mr. William Johnson, for Mansfield.

Capt. John Fowler, Mr. Rol)ert Treat, for Milford.

Capt. James Bebee, Capt. John Benedict, for Danbury.

Mr. Joseph Strong, Mr. Phiiiehas Strong, for Coventry.

Mr. John Humphrey, Capt. Nath'. Holcomb, for Symsbury.

Major John Russell, Mr. Jonathan Russell, for Brandl'ord.

Capt. Charles Bulkley, Mr. John Day, for Colchester.

Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury.

414 PUBLIC RECORDS [May,

Capt. Moses Hawkins, Capt. Abel Gun, for Derby.
Capt. John Mead, for Greenwich.

Colo. Christopher Avery, Mr. John Ledyard, for Groton.
Mr. Joseph Piatt, Mr. Nehemiah Mead, for Norwalk.
Mr. Paul Welch, Mr. John Warner, for New Milford.
Mr. James Cone, for East Haddam.

[480] Capt. Jabez Fitch, Mr. Solomon Tracey, for Canter-
bury.

Major Eliliu Chauncey, Mr. James Wadsworth. for Durham.

Capt. Jedadiah Chapman, Mr. Ambrose Wliittelsey, for Say
brook.

Mr. John Crery, Mr, Benjamin Wheeler, for Plainfield.

Mr. Ebenezer West, Capt. James Fitch, for Lebanon.

Capt. Samuel Enno, Mr. Mathew Rockwell, for Windsor.

Mr. Josepli Pahner. Capt. Robert Dixson, for Voluntown.

Mr. Ebenezer Holbrook, Major Joseph Holland, i'or Pomfrett.

Capt. Timothy Stone, Capt. William Ward, for Guilford.

Mr. William Wittar, Major Samuel Coit, for Preston.

Major Jabez Hamlin, Mr. Seth^Wetmorc, for Midletown.

Mr. John Griswould, Capt. Elisha Shelden, for Lyme.

Mr. Simeon Minor, Ca))t. Joseph Denison, for Stonington.
Colo. Thomas Welles, Speaker, / of the House of Rep-
Capt. John Fowler, Clerk, \ resentatives.

This day being appointed by the royal charter and the laws
of this Colony for the Election of the publick officers of the
Colony, viz : Governor, Deputy Governor, Assistants, Treas-
urer and Secretary, proclamation was made, and then the votes
of the freemen were given in. to persons api)ointed by the Gov-
ernor, Council and Representatives, to receive, sort and count
them, and to declare the choice of the said officers ; which
persons so appointed were, Nath'. Stanly, Samuel Lynde,
William Pitkin, Thomas Fitch, Roger Newton, Ebenezer
Silliman, Jonath. Trumlile, Hezekiah Huntington, John Bulk-
ley, Andrew Burr, John Chester. Esq'"^ Mr. Thomas Seymour,
Major Jaliez Hamlin, Major John Russell, Mr. Robert Treat,
Capt. Elisha Shelden, Mr. Benjamin Gale, Capt. Joseph
Blackleach, Colo. Jonathan Hoit, Mr. Jonathan Huntington,
and Colo. Shubael Conant, who were all sworn to a faithful
discharge of that trust. And tiie said persons, appointed and
sworn as aforesaid, caused it to be proclaimed and declared
before the Assembly, that

The Honourable Jonathan Law, Esq'', is chosen Governor
of this Colony for the year ensuing. And accordingly the
Governor's oath prescribed by law of this Colony, and the
oath required by act of Parliament relating to trade and nav-

VEsqf

1749.] OP CONNECTICUT. 415

igation, were administred to him by his Honour the Deputy
Governor, in tlie presence of the Assembly.

The Honourable Roger Wolcott, Esq"", is chosen Deputy
Governor of this Colony for the year ensuing, who was sworn
according to law by his Honour the Governor in the presence
of the Assembly.

James- Wadsworth, Jonathan Trumble, ^
Samuel Lynde, Hezekiah Huntington,

William Pitkin, John Bulkley,

Thomas Fitch, Andrew Burr,

Roger Newton, John Chester,

Ebcnezer Silliman, Gurdon Saltonstall,
were chosen Assistants for the year ensuing, and the Assist-
ant's oath provided by law administred to them by his Hon-
our the Governor.

John Whiting, Esq"", is chosen Treasurer of this Colony for
the year ensuing. And

George Wyllys is chosen Secretary of this Colony for the
year ensuing, and had the Secretary's oath, provided by law,
administred to him by his Honour the Governor in the pres-
ence of the Assembly.

[481*] The several members of this Assembly who had not
taken the oaths provided by act of Parliament instead of the
oaths of allegiance and supremacy, now took the said oaths,
and likewise the oath of abjuration, and made the declaration
against popery.

Ordered, That Samuel Lynde, Esq^, and Mr. Benjamin
Gale return the thanks of this Assembly to the Reverend Mr.
Jonathan Todd, for his sermon delivered on the 11th day of
May instant before the Assembly, and desire a copy thereof
that it may be printed.

This Assembly do appoint the Honourable Roger Wolcott,
Esqs to be Chief Judge of the Superior Courts in this Colony
the year ensuing.

This Assembly do appoint James Wadsworth, Esq^, Wil-
liam Pitkin, Esqf, Ebenezer Silliman, Esq"", and John Bulkley,
Esqr, to be Judges of the Superior Courts in this Colony the
year eaisuing.

This Assembly do appoint William Pitkin, Esq"", to be Judge
of the County Courts for the county of Hartford for the year
ensuing.

This Assembly do appoint Thomas Welles. Jabez Hamlin,
Joseph Buckingham and Elisha Williams, Esq", to be Jus-
tices of the Peace and Quorum in and for the county of Hart-
ford the year ensuing.

416 PUBLIC RECORDS [May,

This Assembly do appoint Joseph Buckingham, Esq^ to
be Judge of the Court of Probate in the district of Hart-
ford the year ensuing.

This Assembly do appoint John Bulkley, Esq^, to be Judge
of the Court of Probate for the district of East Haddam the
year ensuing.

This Assembly do appoint Ebenezer Marsh, Esq', to be
Judge of the Court of Probate for the district of Litchfield
the year ensuing.

This Assembly do appoint Nathaniel Stanly, Joseph Pitkin,
Joseph Talcott, George Wyllys, Daniel Edwards, Elizur
Goodrich, Roger Wolcott jun"", Daniel Bissell, William Wol-
cott, Thomas Hart, Asahel Strong, Capt. Thomas Hart, Jo-
seph Hooker, Giles Hall, Joseph White, Thomas Johnson,
Seth Wetmore, Benjamin Stilman, John Humphrey, Joseph
Wilcoxson, Daniel Alden, Jonathan Hale, David Hubbard,
Hezekiah Brainerd, Thomas Addams, Nathaniel Foot, Epa-
phras Lord, Charles Bulkley, Joseph Phelps, Thomas Pitkin,
Zebulon West, Samuel Dimmock, Ebenezer Marsh, Joseph
Bird, Timothy Hatch, George Holloway, David Whitney,
Cyprian Webster, Ebenezer Lyman, Isaac Kellogg, and John
Phelps, Esq'"% to be Justices of the Peace in and for the
county of Hartford the year ensuing.

This Assembly do appoint Samuel Lynde, Esq'', to be Judge
of the County Courts for the county of New London the year
ensuing.

This Assembly do appoint John Griswould, Christopher
Avery, Isaac Huntington, Richard Lord and Jeremiah Miller,
Esq''^ to be Justices of the Peace and Quorum in and for the
county of New London the year ensuing.

This Assembly do appoint Jeremiah Miller, Esq^ to be
Judge of the Court of Prol)ate in the district of New London
the year ensuing.

This Assembly do appoint Hezekiah Huntington, Esq"", to
be Judge of the Court of Probate in the district of Norwich
the year ensuing.

This Assembly do appoint John Whiting, Simeon Minor,
Joseph Denison, Nathan Cheesbrough, Samuel Prentiss,
Luke Perkins, John Ledyard, Nathan Smith, Humphrey Ave-
ry, Nathaniel Brown, Samuel Coit, Jabez Hide, Samuel Lo-
throp, Ebenezer Backus, Daniel Huntington, Joshua Hemp-
stead, Daniel Coit, Joshua Raymond, Daniel Ely, Elisha Shel-
den, Nathaniel Clark, Jedadiah Chapman, John Tully, Am-
brose Whittelsey, Benjamin Gale, Isaac Kelsey, Elnathan

1749.] . OP CONNECTICUT. 417

Stephens, Samuel Ely, Jonathan Lane, Samuel Morgan, Ben-
jamin Lee, and William Williams, Esq", to be Justices of the
Peace in and for the county of New London the year ensuing.

This Assembly do appoint Andrew Burr, Esq"", to be Judge of
the County Court in the county of Fairfield the year ensuing.

Tliis Assembly to appoint Edmund Lewiss, John Thomp-
son, Jonathan Hoit and William Preston, Esqi'S to be Jus-
tices of the Peace and Quorum in and for the county of Fair-
field the ensuing year.

[482] This Assembly do appoint Andrew Burr, Esq"", to be
Judge of tlie Court of Probate in the district of Fairfield the
year ensuing.

This Assembly do appoint Joseph Minor, Esq^ to be Judge
of the Court of Probate in the district of Wood berry the year
ensuing.

This Assembly do appoint Jonathan Hoit, Esq"", to be
Judge of the Court of Probate in the district of Standford the
year ensuing.

This Assembly do appoint Thomas Benedict, Esq"", to be
Judge of the Court of Probate in the district of Danbury the
year ensuing.

This Assembly do appoint Joseph Blackleach , Robert Walker,
Theophilus Nickols, Samuel Addams, William Burr, Tliaddeus
Burr, Samuel Sherwood, Moses Dimon, John Read, Samuel
Handford, James Lockwood, Samuel Fitch, Samuel Betts,
Jonathan Maltbie, Nathaniel Peck, Ebenezer Mead, Israel
Knapp, James Benedict, Samuel Olmstead, James Beebe,
Thomas Benedict, Samuel Grigory, Thomas Tousey, Job
Sherman, Joseph Minor, Noah Hinman, Hezekiah Hooker,
Ephraim Hubbell, Increase Mosely, David Rowland, Abraham
Davenport, and Joseph Piatt, Esq^s, to be Justices of the
Peace in and for the county of Fairfield the year ensuing.

Colo. John Whiting, elected Treasurer of this Colony for
tlie year ensuing by the votes of the freemen, having signified
to the Assembly that he does decline serving any longer in
that office: This Assembly do appoint Nathaniel Stanly, Esq'",
of Hartford, to be Treasurer of this Colony the year ensuing ;*
and had tl]e Treasurer's oath provided by law administred to
him by his Honour the Governor.

Whereas Colo. John Whiting, who hath sustained the of-
fice of Treasurer for many years past, doth refuse to serve

* The appointment of Mr. Stanly was first made in the Upper House. The
Lower House dissented, and appointed Daniel Edwards, but after a committee of
conference concurred with the Upper House. Finance Sf Currency, III, 348.

418 PUBLIC RECORDS [May,

any longer in that office : and that the accounts with him may
be settled and he enabled to settle with all persons the ac-
counts begun by him and not compleated, and to send out his
warrants with respect to the unsettled accounts with the sev-
eral constables: Resolved by this Assembly, that William
Pitkin, Jonathan Trumble, John Chester and Thomas Welles,
Esqrs, be, and they are hereby, appointed Auditors of the pub-
lick accounts with the said Colo. John Whiting ; and they are
further directed to settle and adjust all the Colony accounts
with him, and to receive of him the respective sums of money
and bills of publick credit of this Colony lodged in his hands,
and such bonds and other instruments and papers lodged in
his office belonging to the Colony, and deliver the same into
the hands of Nathaniel Stanly, Esq"", Treasurer, taking his
receipt therefor, and lodge the same with the Secretary, and
make their report to this Assembly in October next. And
further, the said Colo. John Whiting is hereby fully authorized
and impowered to settle with all persons the accounts begun by
him and not compleated, and to send out his warrants against
the several constables who have not settled and discharged
their accompts with him, in the like manner as the Treasurer
by law is impowered to do. And further, this Assembly
grants unto Colo. John Whiting the sum of twelve hundred
pounds in bills of publick credit old tenour, out of the treasury
of this Colony, in full discharge of his four last years service
in the office of Treasurer.

Resolved and enacted hy this Assembly^ That Elialcini Palmer,
Esq"", of London, merchant, be authorized and appointed Agent
and Attorney for the Governor and Company of this Colony,
to supplicate for and receive all such sum and sums of money
as have been or may be granted or ordered by the Parliament
of Great Britain for the reimbursement of the charges and
expences this Colony hath been at in the reduction and
garrisoning Louisbourg. And tliis Assembly do hereby author-
ize, impower and desire, the Governor and Secretary of this
Colony to make and execute an instrument, in the name of
the Governor and Company of this Colony, signed by the said
Governor and Secretary, sealed with the Colony seal, fully
impowering the said Eiiakim Palmer, Esq"", for the purpose
aforesaid.

Resolved hy this Assembly, That the listers of the town of
Bolton be ordered to bring in to this Assembly at their sessions
in October next the sum total of the list of the polls and other
rateable estate which shall be made this present year in said
town.

1749.] OF CONNECTICUT. " 419

[483] Whereas liis Grace the Duke of Bedford hath signi-
fied to the Governor and Company of this Colony that a
definitive treaty of peace and friendsliip hath been concluded
at Aix-la-Chapelle, the seventh day of October last, by the
plenipotentiaries of his Majesty the Most Christian King and
tlie States General of tlie United Provinces, to which the
Empress Queen of Hungary, the Kings of Spain and Sardinia,
the Duke of Modena, and the Republick of Genoa, have
acceded, and the ratifications thereof have been since ex-
changed, and hath accordingly transmitted the proclamation
which his Majesty has thought fit to issue on that occasion,
and signified his Majesty's pleasure that the same be published
in all proper places in this government; and the same being
laid before the Assembly by his Honour the Governor: Re-
solved by this Assembly, that the sheriff of the county of
Hartford be directed, and he is hereby directed, to publish the
said royal proclamation on the usual place of military parade
before the State House in Hartford, on Tuesday the 16th day
of this instant May, at three of the clock in the afternoon, to
the end that all his Majesties subjects do take notice of his
royal will and pleasure therein, and conform themselves thereto
accordingly.

This Assembly do establish and confirm Mr. Nathan Kelsey
to be Captain of the 12th company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Elnathan
Stephens to be Captain of the 4th company or trainband in
the seventh regiment in this Colony, and order that he be
commissioned accordingly.

This Assembly do establish and confirm Mr. Aaron Eliott
to be Lieutenant of the 4th company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel Ste-
phens jun*" to be Ensign of the 4th company or trainband in
the 7th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Joseph Morgan
to be Captain of the second company or trainband in the town
of Groton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Theophilus
Avery to be Lieutenant of the 2d company or trainband in
the town of Groton, and order that he be commissioned
accordingly.

420 PUBLIC RECORDS [May,

This Assembly do establish and confirm Mr. Samuel Allen
to be Ensign of the 2d company or train])and in the town
of Groton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Nathaniel
Johnson to be Lieutenant of the 5th company or trainband in
the 7th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Solomon Clark
to be Lieutenant of the company or trainband in the parish
of Wintonbury, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Sharp
to be Ensign of the 2d company or trainband in the town of
Pomfrett, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Stephen Fuller
to be Captain of the 3d company or trainband in the town
of Windham, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Joshua Holt
to be Lieutenant of the 3d company or trainband in the town
of Windham, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Josiah Ham-
mond to be Ensign of the 3d company or trainband in the
town of Windham, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Obadiah New-
comb to be Captain of the company or trainband in the parish
of Andover, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Ebenezer
Leach to be Lieutenant of the company or trainband in the
parish of Andover, and order that he be commissioned accord-
ingly.

Tliis Assembly do establish and confirm Mr. William
Symms to l)e Ensign of the company or trainband in the
parish of Andover, and order that he be commissioned ac-
cordingly.

[484] This Assembly do establish and confirm Mr. Pliin-
ehas Royce to be Ensign of the 3d company or trainband in
the town of Waterbury, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Nehemiah
Mead to be Lieutenant of the 2d company or trainband in the

1749.] OF CONNECTICUT, 421

town of Norwalk, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Jonathan
Ketclmm to be Ensign of the second company or trainband in
the town of Norwalk, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Abel Gun to
be Captain of the 2d company or trainband in the town of
Derby, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. James Barker
to be Ensign of the first company or trainband in the town of
Brandford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jason Bradley
to be Lieutenant of the second company or trainband in the
parish of North Haven, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. James Heaton
to be Ensign of the second company or trainband in the town
of North Haven, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Josiah Hull
to be Lieutenant of the 12th company or trainband in the
7th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Samuel Warner
to be Captain of the 16th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Bartlett
to be Lieutenant of the 16th company or trainband in the
6th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Joseph Miller
to be Ensign of the 16th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Daniel Col-
lins to be Captain of the 9th company or trainband in the
7th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Oliver Dudley
to be Ensign of the 9th company or trainband in the 7th reg-
iment in this Colony, and order that he be commissioned
accordingly.

422 PUBLIC RECORDS [Maj,

This Assembly do establish and confirm Mr. William
Wilcoxson to be Lieutenant of the south company or trainband
in the town of Symsbury, and order that he 1)e commissioned
accordingly.

This Assembly do establish and confirm Mr. George Deni-
son to be Captain of the 5th company or trainl)and in tlie
town of Stoningtown, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Joseph Deni-
son to be Lieutenant of the 5th company or trainband in the
town of Stoningtown, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. John Wil-
liams jun% to be Ensign of the 5th company or trainband in
the town of Stoningtown, and order that he l)e commissioned
accordingly.

Tliis Assembly do establish and confirm Mr. Jonah Smith
to be Lieutenant of the company or trainband in the town of
Ridgefield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Vivus Dauchy
to be Ensign of tlie com])any or trainband in the town of
Ridgefield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Bur-
roughs jun'', to be Captain of tlie 3d company or trainband in
the town of Groton, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Jonas Belton
to be Lieutenant of the 3d company or trainband in the town
of Groton, and order that lie be commisioned accordingly.

This Assembly do establisii and confirm Mr. John Fish to
be Ensign of the 3d company or trainband in the town of Gro-
ton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Porter
to be Captain of the 7th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

[485] This Assembly do establish and confirm Mr. Eb-
enezer Hart to be Lieutenant of the 7th company or trainband
in the 6th regiment in this Colony, and order that he be com-
missioned accordingly.

Tliis Assembly do establisii and confirm Mr. Isaac Norton
to be Ensign of the 7th company or trainband in the 6tli regi-
ment in this Colony, and order that, he be commissioned ac-
cordingly.

1749.] OF CONNECTICUT. 423

This Assembly do establish and confirm Mr. Elias Betts to
be Captain of the company or trainband in the parish of Wil-
ton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel 01m-
stead to be Lieutenant of the company or trainband in the par-
ish of Wilton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Camp 2d,
to be Ensign of the south company or trainband in the town of
Durham, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Benjamin
Wheeler to be lieutenant of the 2d company or trainband in
the town of Plainfield, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Samuel Shep-
ard to be Ensign of the 2d company or trainband in the town
of Plainfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Theophilus
Goodyear to be Captain of the 8th company or trainband in
the town of New Haven, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Daniel Brad-
ley to be Lieutenant of the 8th company or trainband in the
town of New Haven, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Solomon Do-
little to be Ensign of the 8th company or trainband in the
town of New Haven, and order that he he commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Riverius Car-
rington to be Lieutenant of the troop of horse in the 18th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Roots
to be Cornet of the troop of horse in the loth r-egiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Weller
to be Quarter-Master of the troop of horse in the 13th regiment
in this Colony, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. William Marsh
to be Captain of the 2d company or trainband in the town
of Litchfield, and order that he be commissioned accord-
ingly.

424 PUBLIC RECORDS [May,

This Assembly do establish and confirm Mr. Thomas Grant
to be Lieutenant of the 2d company or trainband in the town
of Litchfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Catlin to
be Ensign of the 2d company or trainband in the town of
Litchfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Aaron Skinner
to be Captain of the north company or trainband in the
town of Colchester, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Gershom
Bulkley to be Ensign of the north company or trainband in
the town of Colchester, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Stiles Curtiss
to be Lieutenant of the 2d company or trainband in the town
of Straiford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Israel Curtiss
to be Ensign of the 2d company or trainband in the town of
Stratford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Ebenezer Avery
to be Captain of the first company or trainband in the town of
Groton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jabez Smith
to be Lieutenant of the first company or trainband in the town
of Groton, and order that he be commissioned accordingly.

Tliis Assembly do establish and confirm Mr. John Wood-
mansie to be Ensign of the first company or trainband in the
town of Groton, and order that he be commissioned accord-
ingly.

[486] This Assembly do appoint Roger Newton, Esq*", to
be Judge of the County Court in and for the county of New
Haven the year ensuing.

This Asse'mbly do appoint John Hubbard, Esq"", to be Judge
of tiie Court of Probate in the district of New Haven the year
ensuing.

Tills Assembly do appoint Samuel Hill, Esq"", to be Judge
of the Court of Probate in the district of Guilford the year
ensuing.

This Assembly do appoint Samuel Hill, Benjamin Hall,
John Fowler and John Hubbard, Esq''% to be Justices of the
Peace and Quorum in and for the county of New Haven the
year ensuing.

1749.] OP CONNECTICUT. 425

This Assembly do appoint Andrew Ward, John Riggs, John
Russell, Isaac Dickerman, John Southmaid, John Front, John
Hitchcock, Samuel Sherman, Deodate Davenport, Samuel
Sackett, Robert Ti-eat, Nathan Baldwin, Jonathan Russell,
Natli'. Harrison, Thomas Hodgskins, Timothy Stone, Elihu
Chauucey, Theophilus Yale, Samuel Hall, Elihu Hall, Ezekicl
Royce, Samuel Bassett, Samuel Riggs, Timothy Russell,
Thomas Clark, Thomas Mathews, Samuel Canfield, Nath'.
Bostwick, Paul Welch, Samuel Hutchinson, John Williams,
Theophilus Rosseter, Thomas Chipman, Esqi's, to be Justices
of the Peace in and for the county of New Haven the year
ensuing.

This Assembly do appoint Jonathan Trumble, Esq"", to be
Judge of the County Court in and for the county of Wind-
ham the year ensuing.

This Assembly do appoint Jonathan Trumble, Esqt", to be
Judge of the Court of Probate in the district of Windham
the year ensuing.

This Assembly do appoint John Crary, Esq"", to be Judge
of the Court of Probate in the district of Plainfield the year
ensuing.

This Assembly do appoint Ebene/er West, Jonathan Hunt-
ington, Shubael Conant and John Dyer, Esq""**, to be Justices
of the Peace and Quorum in and for the county of Windham
the year ensuing.

This Assembly do appoint Joseph Leavinze, Thomas Storrs,
John Crary, Nath'. Huntington, Thomas Tiffany, Ebenezer
Wales, Joseph Fowler, Ebenezer Holbrook, Nath'. Wales,
James Bicknal, Samuel Danielson, Eliphalet Dyer, Phinehas
Strong, John Smith jun% Joseph Clark, Joseph Plolland,
William Marsh, William Metcalf, Joseph Strong, jun^, Jabez
Fitch, Esqf% to be Justices of the Peace in and for the county
of Windham the year ensuing.

This Assembly do establish and confirm Mr. Amos Porter
to be Captain of the 15th company or trainband in the 6th
regiment in tliis Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. David Sage to
be Lieutenant of the 15th company or trainband in the 6tli
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Hinsdell
to be Ensign of the 15th company or trainband in the 6th

426 PUBLIC RECORDS [May,

regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Abel Biiell to
be Ensign of the south company or trainband in the first so-
ciety in Lebanon, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Nathaniel
Swift to be Lieutenant of the eastermost company or train-
band in the town of Kent, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Thomas Bea-
mun to be Ensign of the eastermost company or trainband in
the town of Kent, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Wood-
ruff to be Cornet of the troop of horse in the 2d regiment in
this Colony, and order thtit he be commissioned accordingly.

Tliis Assembly do establish and confirm Mr. David Sand-
ford to be Quarter-Master of the troop of horse in the 2d
regiment in this Colony, and order that he be commissioned
accordingly.

[487] This Assembly do establish and confirm Mr. John
Kirtland to be Captain of the troop of horse in tlie 7th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Elisha White to
be Lieutenant of the troop of horse in the 7th regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Timothy
White to be Cornet of the troop of horse in the 7th regiment
in this Colony, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Charles Dewey
to be Captain of the company or trainband in the first society
in Hebron, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Filer
to be Lieutenant of the company or trainband in the first
society in Hebron, and order that he be commissioned accord-
ingly-

This Assembly do establish and confirm Mr. Nathaniel
Phelps to be Ensign of the company or trainband in the first
society in Hebron, and order that he be commissioned accord-
ingly.

1749.] OP CONNECTICUT. 427

Resolved hy this Assembly, That the lines of the second so-
ciety in Lebanon be, and they hereby are, made the limits of
one military company only.

This Assembly do establish and confirm Mr. Nathaniel
Cushman to be Captain of the company or trainband in the
second society in Lebanon, and order that he be commis-
sioned accordingly.

Tliis Assembly do establish and confirm Mr. Joseph Loomiss
to be Lieutenant of the company or trainband in the second
society in Lebanon, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Israel Wood-
ward to be Ensign of the company or trainband in the second
society in Lebanon, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Jacob Hinsdell
to be Captain of the company or trainband in the town of
Harwinton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jabcz Dean
to be Captain of the ninth company or trainband in the
town of Norwich, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Read
jun"", to be Lieutenant of tlie ninth company or trainband in
the town of Norwich, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Jonathan Hunt-
ington to be Ensign of the ninth company or trainband in
the town of Norwich, and order that he be commissioned ac-
cordingly.

Additions to the Lists of Estate of the several Towns in this Gov-
ernment hereafter mentioned, sent in to this
Assembly, are as follow, (viz :)

Single Additions. Fourfold Assessments.

£ s.

To Norwich,

93 18

- 1278

To Canterbury,

1179 11

0 -

To Killingworth,

421 0

- 104

To Say brook,

400 0

0 -

To Windsor,

518 14

To Plainfield,

108 4

0 -

- 562

To Litchfield,

125 16

To Lebanon,

218 14

0 -

- 84

To Ridgefield,

593 9

To Farmington,

470 6

0 -

- 192

0
0
0

2 0

428 PUBLIC RECORDS [May,

Single Additions. Fourfold Assessments.

£ s. d.

To Lyme,

1008

To Derby,

615

To Symsbury,

703

To Groton,

969

To New Haven,

589

To Pomfrett,

955

To Waterbury,

102

To Preston,

215

[488] To Wallingford

, 559

To Danbury,

342 19

To Windham,

To Woodbury,

692

To New London,

To Tolland,

591

To Stonington,

486

To Hebron,

186

To East Haddam,

126

To Coventry,

435

To Brandford,

456

To Guilford,

2412

To Ashiord,

To Fairfield,

5-55

To Standford,

481

To Mansfield,

209

To Colchester,

2811

To New Milford,

To Nor walk,

479

To Milford,

To Midletown,

2031

To Weathersfield,

869

To Hartford,

1882

677 18 0

1967 19 0

40 0 0

302 2 0

406 2 0

1542

64
1667

0
0
0

54
233
417

0
0
0

1251

509
920

0
0

36
42

228
163

0
16

5
12

0
0
0
0

Upon the memorial of Joseph Craft, Richard Peabody and
John Ingals, inhabitants of the west part of the first society
of Pomfrett in Windham county, with the rest of the memorial-
ists of the west part of said society, moving to this Assembly
that there be a society set off in the west part of said first
society, and that this Assembly would appoint a committee to
view the circumstances of said society and make. their report,
&c. : Resolved by this Assembly, that William Pitkin, Esqr,
Jonathan Trumble, Esqi", and John Crary, Esq"", be a com-
mittee to hear the agent of the first society of said Pomfrett
and the attorneys for the memorialists of the west part of said
society respecting their being set off a society as aforesaid,

1749.] OF CONNECTICUT. 429

and whether any additions may be rightfully made to cither
part; and that said committee, after having heard the parties
thereon and viewed the plan of said town, consider whether
it is best to set off a society as aforesaid or not ; and if they,
said committee, do conclude that it is best to have a society
so set off, and any additions may be made, then to draw a
dividing line to determine the bounds and limits thereof; and
that said committee make their report of their opinion of
what tiiey shall judge best thereon to this Assembly.

On the memorial of Daniel Prindle, administrator on the
estate of Gideon Benedict, late of New Milford, deceased,
shewing to this Assembly that the debts due from the estate
of the said deceas'd surmount the moveable estate the sum of
sixty-nine pounds one shilling and six pence, praying that he
may be impowered to sell so much of the lands of said
deceased as to pay the same : This Assembly do hereby im-
power the said administrator to sell so much of the land of
said deceased as will procure the aforesaid sum of X69 Is. 6d.
with the additional cost, and to execute a deed of conveyance
for the same; taking the direction of the court of probate in
the district of Woodbury therein.

Upon the memorial of Edward Collins, shewing that in May,
1747, the General Assembly did order a deed of release of a
parcel of land by him mortgaged to the Governor and Com-
pany to be executed to him on his paying the principal sum
contained in said mortgage &c. within two months then next
coming, and that by reason of his distempered and languish-
ing state of body he failed of performance within said time ;
praying for relief, <fec. : Resolved by this Assembly, that in
case said Edward Collins shall, before the rising of this
Assembly, pay into the piil)lick treasury seventy-five pounds
(old tenour) m bills of credit of this Colony, the principal
sum contained in said mortgage, and interest thereon, and
also the sum of five pounds money old tenour, for other costs,
thereupon Nathaniel Stanly and George Wyllys. Esq's, shall
execute a deed of release of said mortgaged premises accord-
ingly.

[489] This Assembly do establish and confirm Mr. Daniel
Skinner to be Captain of the troop of horse in the 1st regi-
ment in this colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Benjamin Allyn
to be Quarter-Master of the troop of horse in the first regi-
ment in tins Colony, and order that he be commissioned ac-
cordingly.

480 PUBLIC RECORDS [May,

This Assembly do establish and confirm Mr. James Todd
io be Lieutenant of the first company or trainband in the
parish of North Haven, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Alexander
Faircliild to be Ensign of the south company or trainband in
the town of New Fairfield, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Kent to
be Lieutenant of the second company or traiuhaud in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel Gay-
lord to be Ensign of the 2d company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Richard Wait
to be Lieutenant of the south company or trainband in the
town of Lyme, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Thomas Gris-
would to be Ensign of the south company or trainband in the
town of Lyme, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Josiah Robin-
son to be Captain of the company or trainband in the parish
of Merridcn, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. William Mer-
riam to be Lieutenant of the company or trainband in the
parish of Merriden, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. John Webb to
be Ensign of the company or trainl)and in the parish of Merri-
den, and order that he be commissioned accordingly.

Upon the memorial of Eleazer Hubbell, agent for the north
society of the town of New Fairfield, praying for a tax on
all the lands laid out in said society, for the support and settle-
ment of an orthodox minister among, them : Resolved by this
Assembly, that there be a tax of eight pence per acre, in old
tenour liills of credit, upon all the lands laid out in said north
society, exclusive of the addition made to each division to
proportion the quality, and that for the term of four years, to
be paid in the month of November annually and improved for
the settlement and suppoi-t of an orthodox minister in said
society, according to the establishment of tliis Colony ; and

1749.] OP CONNECTICUT. 431

that Mr. William Barns, of said New Fairfield, be a collector
to collect said tax and deliver the same to the committee of
said society annually, to be improved for the purposes afore-
said.

Upon the memorial of Clement Leach, of New London,
praying to this Assembly to have his head released from the
general list of this Colony for time to come : Resolved by this
Assembly, that the said Leach shall have his head exempted
from the general list for the future.

This Assembly do appoint Capt. Timothy Stone to be Major
of the seventh regiment in this Colony.

Upon the memorial of Deliverance Daten, of New London,
administratrix on the estate of Ephraim Daten, late of New
London, deceased, shewing to this Assembly that the debts due
from the estate of the said deceased surmount the moveable
estate of said deceased the sum of =£42 Os. Od., praying this
Assembly to enable her, or some other meet person, to sell so
much of the real estate of the said deceased as will satisfy
the said sum of £42 Os. Od. and the incident charges arising
on the sale thereof : Resolved by this Assembly, that the
memorialist be enabled, and she is hereby enabled, to make
sale of so much of the said deceased's real estate as will sat-
isfy the said sum of X42 Os. Od. and the incident charges
arising on the sale thereof; taking the direction of the court
of probate for the district of New London therein.

This Assembly do establish and confirm Mr. Josiah Phelps
to be Captain of the company or trainband in the 3d society
in Windsor, and order that he be commissioned accordingly.

This Assembly do appoint Major Henry Allyn, Capt. Thomas
Griswould and Capt. Samuel Enno, to be Justices of the
Peace in and for the county of Hartford the year ensuing.

On the petition of Joseph Parkhirst, of Plain field in the
county of Windham, vs. John Wadsworth, late of Canterbury
in Windham county now of Milton, <fec., as on file, by continu-
ance from the General Court in October last : The question
was put, whether the petitioner should have a new tryal as
prayed for : Resolved by this Assembly in the negative.

[490] Whereas the inhabitants of the towns or plantations
of Woodstock, Suflfield, Endfield and Summers, by their agents
having preferred their memorial to this Assembly at their
sessions in May, A. Dom. 1747, representing and alledging
that the said towns are situate within the bounds of the royal
charter granted to this Colony, and complaining that in the
settlement of the dividing line between the Province of the

432 PUBLIC RECORDS [May,

Massachusets Bay and this Colony by commissioners from
each government in the year 1713, it was agreed by said com-
missioners that although by the running of the line then
agreed upon, the said towns fell within the bounds of this
Colony, yet that the said towns should be and remain within
the jurisdiction of the said Province, the running of the said
line notwithstanding; further complaining, that by means of
the said towns being set off and put into the jurisdiction of
the said Province, the inhabitants of said towns have been
deprived of their just rights and privileges belonging to them
under the royal charter granted to this Colony ; and therefore
they are aggrieved, and petition for relief in the premises,
for reasons in their memorial set forth : And whereas the
consideration of the matters aforesaid were referred to this
Court, and the said agents having now moved therein and
urged that the said agreement was made through mistake, and
that this government received no equivalent for the jurisdic-
tion over those towns, and that as the same was partly execu-
tory it was never fully compleated and cari-ied into execution,
nor was it ever established by the royal confirmation, and
therefore, although it was approved by the respective General
Assemblies of both governments, yet as to jurisdiction, (more
especially,) it must be looked upon as null and void : Where-
upon this Assembly, having considered the said memorial,
are of opinion, that as it doth not appear that ever the said
agreement hath, so it never ought to receive the royal confir-
mation ; and that as the governments could not give up,
exchange or alter their jurisdictions, so the said agreement,
so far as it respects jurisdiction, is void. And thereupon this
Assembly do declare, that all the said inhabitants which live
south of the line fixed by the Massachusets charter are within
and have right to the privileges of this government, the
aforesaid agreement notwithstanding. And forasmuch as
there may be some uncertainty both with respect to the
beginning and running of the said line, it is necessary that
measures be taken to ascertain the same according to the royal
charters to both the said governments : Therefore, this Assem-
bly do appoint Jonathan Trumble, John Bulkley, Elisha
Williams and Joseph Fowler, Esq^^ or any three of them, to
joyn with commissioners that may be appointed by the gov-
ernment of the Massachusets, to ascertain and affix the said
line according to the said charters, and the same being
approved by the governments, that joynt, application be made
for the royal confirmation thereof. And his Honour the
Governor of this Colony is desired to commission the persons
hereby appointed for the purpose aforesaid, and to acquaint

1749.] OF CONNECTICUT. 433

the government of tlie Massachusets of this conclusion, and
request their joyning with us in the matters aforesaid. And
it is further resolved, that his Honour the Governor be, and
he is hereby, desired, in case tlie Massachusets refuse to joyn
as aforesaid, or in case the commissioners do not agree in the
matters aforesaid, to prepare and state the case and send it
to our Agent in Great Britain, and direct him to petition his
Majesty to appoint Commissioners to run and ascertain the
divisional line between the said Province and this Colony, ac-
cording to the royal charters to the respective governments, as
soon as may be. Aud his Honour is impowered to draw
money out of the treasury sufficient for that purpose.

Upon the petition of Samuel Morriss, of Thompson parish
in the county of Windham, representing that Samuel Perrin,
of Pomfrett in said county of Windham, and Dorothy his
wife, and Benjamin Morriss of Killingly in said county, and
divers others of the children and heirs of Mr. Samuel Morriss
late of said Thompson parish, deceased, by their writ dated
June 11th, 1746, brought their action against the petitioner,
demanding partition of sundry tracts or parcels of land situ-
ate in said parish, in which the tiien plaintiffs demanded par-
tition of the premises in such sort as that there should be set
out to the petitioner two eigliths, and to the said Benjamin
Morris who was the only child and heir of Benjamin Morris
deceased, which last named Benjamin was the youngest son
of the said Samuel deceased, one eighth, and to the rest of
the plaintiffs to each of them one eighth of the said tracts
and parcels of land ; and that the said action came to a final
tryal at the superior court held at Windham in September,
A. Dom. 1747, upon the general issue, and that there verdict
[491] was found || and judgment rendered for the plain-
tiffs that partition should be made as demanded, which said
judgment had been since carried into execution and partition
made and affirmed accordingly ; also complaining that he, the
petitioner, at the time of said final tryal was sick and not
able to attend said court, nor to inform his attorneys of the
matters proper to be considered and given in evidence in said
tryal for his defence ; complaining also that manifest injustice
had been done, and especially for that the said Samuel Mor-
riss, deceased, in his life time did give to his said son Benja-
min, deceased, father to the said Benjamin one of the plain-
tiffs, by way of advancement and portion, five hundred acres
of land, and that therefore the said Benjamin, one of the
plaintiffs, ought not to have set out to him any part of the
demanded premises, the petitioner being the eldest son of

484 PUBLIC RECORDS [May,

the said Samuel deceased, and the said plaintiffs being the
rest of the heirs or legal representatives of the said heirs of
said deceased ; and praying that the aforesaid judgment, exe-
cution and partition should be reversed, and that the peti-
tioner might have a new tryal, &c. : Resolved by tliis Assem-
bly, that the aforesaid judgment of the said superior court, the
said execution, partition and all tlie doings thereon, be, and
the same is hereby, reversed and made utterly void and of
none effect ; and the petitioner shall have liberty to i-e-enter
the said action at the superior court to be held at Windham
in and for the county of Windham on the third Tuesday of
September next, and have another tryal therein ; and the
whole cost shall follow the final judgment that shall be given
in said action.

Upon the memorial of Capt. Chicken, an Indian, alias Sam-
Mohawk, of Reading in Fairfield county, shewing to this As-
sembly that in his deed formerly made to Capt. Samuel Couch
late of Fairfield, deceased, of his land lying between the town-
ships of said Fairfield and Danbury, Ridgefield and Newtown,
he had reserved to himself so much of said land as a com-
mittee appointed by this Asseml)ly should judge sliould be
sufficient for himself, his children and posterity, for their per-
sonal improvement, which said reserve has since been set out,
by proper meets and bounds, in two pieces containing in the
whole about one hundred acres, as per the surveys thereof
may appear, reference thereunto being had; and shewing also
that John Read, Esq"", late of Boston, deceased, had surveyed
and laid out to him two hundred acres of land by the appoint-
ment of this Assembly, at a place called Scattacook, bounded
as in the survey thereof on record ; and also shewing that
the land aforesaid laid out to the said John Read, Esq*", is
much more convenient and advantageous for him, the said
Chicken, being well situated for fishing and hunting, and that
he had made and executed a deed of exchange of his afore-
said hundred acres lying in two pieces as aforesaid in the
parish of Reading, to the said John Read, Esqi", and to his
heirs, which said deed bears date October lltli, A. D. 1748,
and in consideration thereof did receive of the said John
Read, Esq"", a deed bearing date the day aforesaid, well exe-
cuted to him, the said Chicken, and to his heirs, by his attor-
ney John Read, Esq^, of said Reading, being fully authorized
thereunto, of the aforesaid two hundred acres ; praying this
Assembly that said deeds, executed as aforesaid, may be
allowed of, ratified and confirmed, and be admitted as good
evidence in the law for conveying and fixing the title to the

1749.] OP CONNECTICUT. 436

several pieces of land aforesaid: Resolved by this Assembly,
that the aforesaid deeds of exchange, dated as aforesaid, be
approved of, and they are hereby approved of, ratified and
confirmed, and. allowed to be good and sufficient evidence in
the law for the conveying and fixing the title to the several
pieces and parcels of land in them mentioned and described,
and shall and may forever hereafter be used and improved
for the purposes aforesaid, to all intents and purposes, as
other deeds of land by law are or may be.

Upon the petition of Thomas Seymour, of Hartford, and
Bevil Seymour, of Weathersfield, and others, rejtresenting
that Capt. Thomas Seymour late of said Hartford, deceased,
dyed seized of a large estate in chattels and lands, having
first made his last will and testament, dated May the 4th,
1738 ; that his said last will (having been by Thomas Sey-
mour, the said petitioner, therein named as sole executor,)
soon after the death of said Capt. Thomas Seymour put into
the hands of the Honourable Joseph Talcott, Esq"", then judge
of the probate, in order to the probate thereof, &c., the same
was by some means unknown either destroyed or lost ; that
having obtained a true and exact copy of said will before the
destruction or loss thereof carefully transcribed, and that said
copy was truly and exactly also transcribed into and recited
in their said petition ; and shewing that, such recital does
accordingly also contain and shew the full and entire contents
of said last will and testament ; and now also before this
Assembly exhibiting one certain writing of the form and
purport of a copy of a last will and testament made by said
Thomas Seymour, deceased, to which are subscribed these
[492] words, {viz:} || "A true copy taken out of the original
will compared by me Isaac Norton," and thereupon praying
relief, as at large, on file : Resolved by this Assembly, that
it is sufficiently proved that th'e said deceased Capt. Thomas
Seymour did so make his last will and testament, and that
the said exhibited writing of the abovesaid form and purport
and subscribed as abovesaid, as also the recital thereof in said
petition, all now before this Assembly on file, do respectively
contain and are fully and sufficiently proved so to contain
and make manifest the full, intire and sole contents of said
original last will and testament destroyed or lost as above-
said ; and that George Wyllys, Secretary of this Colony, do
accordingly carefully transmit said described writing and re-
cital to the court of probate for the district of Hartford, to
be recorded in the records of said court ; and that the same
being so truly recorded, such record, or true and legally at-

436 PUBLIC RECORDS [May,

tested copies thereof, shall, to all intents and purposes, be and
be accounted, taken and accepted to be as g!:ood and sufficient
evidence for the sure liolding or recovering of any estate
therein expressed to be devised, as the said original last will
and testament having been duly proved, approved and re-
corded, or attested copies of such record, would or might have
been.

Upon the memorial of Gideon Draper, of Killingly, repre-
senting that this Assembly at their sessions in May, 1675, did
grant to Capt. Thomas Prentiss, of Newtown in the Province
of the Massachusets Bay, three hundred acres of land, and
that John Chandler, surveyour, on the 30th day of April,
1709, being appointed thereunto, did survey and lay out to
the said Thomas Prentiss two hundred and fifty acres of said
land, and bounded the same northwardly on Five Mile River,
and then drew a plan of said land, which is now exhibited
under the hand of the said Chandler, and which land, surveyed
as aforesaid, now lyes in the said township of Killingly, and
that the said Thomas Prentiss was mentioned in the patent
afterwards given to him and the rest of the proprietors of
said Killingly under the seal of this Colony, on account of
his right in the said two hundred and fifty acres surveyed as
aforesaid, and that the said proprietors always, from the first
settling of said town^ have acknowledged the right and prop-
erty of the said Prentiss and his assigns in the premises, and
that the said Thomas Prentiss by his deed of sale well exe-
cuted, dated November 1st, A. D. 1728, did sell and convey
the said two hundred and fifty acres to one Ebenezer Heley,
of Stoningtown, and that tlie said Heley by his deed well
executed, dated the 26th day of the same November, 1728,
did sell and convey the premises to the memorialist, and that
he hath held and enjoyed the same under the title derived
from said Prentiss as aforesaid without molestation, until
lately it appears that the aforesaid survey made by the said
John Chandler in the year 1709, cannot be found on the pub-
lick records, but the same, by some means to the memorialist
unknown, is destroyed and lost ; and praying that a proper
remedy may be provided in this case, &c : Resolved by this
Assembly, that Mr. Edmund Freeman, jun"", surveyor of land
for the county of Windham, be, and he is hereby, appointed,
at the cost of the memorialist, to resurvey and lay out the
said two hundred and fifty acres of land according to the
plan thereof under the hand of the said John Chandler ; and
that such survey shall be entered on the publick records of
this Colony ; and that a survey thereof, made under the hand

1749.] OF CONNECTICUT. 437

of said STirveyor and entered on the said records, shall be as
effectual in the law for the said Gideon Draper and his heirs
their holding said lands as assignees to the said Prentiss, as
if tlie same had been surveyed and recorded under the hand
of the said John Chandler upon the 30th day of April, 1709.

Upon the petition of Samuel Stanly, Abraham Stanly and
Elizabeth Stanly, executors of the last will and testament of
Samuel Stanly late of Wallingford, deceased, representing
that Paul Richards, Esq"", of the City and Province of New
York, brought his action against the petitioners in their said
capacity, on a bond dated the 7th day of July, A. D. 1744,
said to be executed to the said Richards by the said Samuel
Stanly, deceased, and one Josiah Stanly, wherein they bound
themselves, joyntly and severally, to pay to the said Paul Rich-
ards one hundred pounds New York money, and that the par-
ties were at final issue in said action on a plea, whether or no
[493] the said bond was ever || the act and deed of the said
Samuel Stanly, deceased, and the said Josiah Stanly; and
that the said issue was found against the petitioners by the
jury, and judgment accordingly rendered at the county court
held at Hartford in and for the county of Hartford on the 2d
Tuesday of April, A. D. 1748 ; and that the petitioners thereby
are greatly aggrieved; representing also, that they had found
new evidence in tlie case, and praying for the reversal of said
judgment, c%c. : Resolved by this Assembly, that the aforesaid
judgment of the county court in April, A. D. 1748, be, and
the same is hereby, set aside and made void ; and it is hereby
decreed that the petitioners shall have the liberty of another
tryal in said action at the adjourned county court to be held at
Hartford in and for said county on the od Tuesday of June
next ; and the whole cost shall follow the final judgment that
shall be rendered in said action.

Upon memorial of Francis Hawley, of Stratford in the
county of Fairfield, shewing to this Assembly that he, the
memorialist, with one Obadiah Hawley of said Stratford, being
owners and seized in their own right of certain lands in Wood-
bury (South Purchase, so called,) in said Fairfield county,
being the three first lots in the tenth tier in said purchase,
agreed and bargained with one Daniel Wakely, late of said
Woodbury, now deceased, to make over and convey their said
lands to the said Daniel Wakely; in consideration whereof
tiie said Daniel was to give one hundred and ninety pounds
in money, old tenour, and make over and convey unto the said
Francis Hawley one other lot of land in said south purchase,
being the twenty-fourth lot in the 8th tier in said purchase,

438 PUBLIC RECORDS [May,

and that the said Francis and Obadiah, on the 2d day of De-
cember, 1747, made, executed and compleated, their deed of
conveyance of their said three lots to the said Daniel, dated
the same second day, which the said Daniel took the benefit
of in his life time, and that he, the said Daniel, paid the said
one hundred and ninety pounds, and ;iftervvards, (^viz.^ on the
6th day of January, 174^, made, signed, sealed and delivered
to the said Francis, a dged in proper form for conveying his
said 24th lot, bearing" date the same 6th day of January, but,
there being no opportunity to acknowledge the same before
authority as the law directs, did not acknowledge the same
then, and soon at^ter dyed without having acknowledged the
same; praying this Assembly to enact and declare the title
and property in said twenty-fourth lot to be well vested in the
memorialist, and that the said deed, made and executed to him
by the said Daniel, as aforesaid, be a good evidence in the
law of such title to all intents and purposes, and be used ac-
cordingly: This Assembly do enact and declare the title and
property of said twenty-fourth lot in said south purbhase to be
by said bargain well vested in the said Francis Hawley, and
that the same deed made by the said Daniel Wakely to him
be good evidence of the conveyance of the said twenty-fourth
lot to the said Francis, and that the same be allowed accord-
ingly, any law, usage or custom to the contrary notwithstand-
ing.

Upon the memorial of Phinehas Drake and the rest of the
inhabitants of the first ecclesiastical society in the town of
Windsor, to this Assembly, shewing that their meeting-house
now erected for divine worship is gone much to decay, and
that the memorialists are so divided among themselves that
they cannot agree either in repairing the old meeting-house or
in building a new house, &g. ; and thereupon praying for a
committee to repair to said society, view the circumstances of
the memorialists, and to report, &g.: Resolved by this As-
sembly, that Messrs. Jabez Hamlin, Shubael Conant and Zeb-
ulon West, be a committee, and they are hereby appointed a
committee, to repair to said society, view the circumstances of
the memorialists and hear all parties concerned, and to report
their opinion thereon to this Assembly at this present session;
all at the cost of the memorialists.

On the memorial of Timothy Wright, of Colchester, and
John Patterson, of Farmingtown, setting forth to this Assem-
bly that whereas they with sundry others, a committee in be-
half of the late New London Society, have had judgment and
execution awarded against them for considerable sums for in-

1749.] OF CONNECTICUT. 439

terest on interest, and on principal debt after the same was
paid by the particular borrowers; and praying for relief in
the premises: This Assembly have appointed Nath' Stanly and
Wm. Pitkin, Esq''^ a committee, and they are hereby appointed
a committee, to take into consideration the matters referred
to in said, memorial, and make an adjustment of the same,
and report thereon to this Assembly in their present sessions
or in their sessions at New Haven in October next,

[494] On the memorial of Joseph Craft, and others inhab-
iting in the west part of the town of Pomfrett, praying that
an ecclesiastical society may be erected and formed in the west
part of said town : Resolved by this Assembly, that an eccle-
siastical society be and is hereby erected in the west part of
said township, and tlrat the bounds thereof be as followeth,
(wi2;) Bounded north on Woodstock, westwardly on the line
dividing between said town of Pomfrett and Ashford, and
southerly and westerly on the line dividing between*the towns
of Pomfrett and Windham so far south as to the parish already
made partly out of said Pomfrett and partly out of Canterbury
and partly out of Mortlake, thence l)y said parish easterly to
Mortiake west side, thence by Mortlake to the southwesterly
corner of the Rev' Mr. Ebenezer Williams's farm, (saving also
all the lands and persons that are west of said Mortlake to
said parish that liath been made as aforesaid that already are
granted to said parish,) and from the said Williams's said
corner the line to run northerly to tiie southwest corner of
Jonathan Dresser's land, from thence to run between the said
Dresser's land and the land of Benjamin Allen to Masshamug-
gett Brook, from thence to run northerly so as to include the
dwelling house of Ebenezer Holbrook jun"", on the west, from
thence to run northwesterly until it comes to the road which
crosses the Mill Brook at one hundred and fifty-five rods dis-
tance as the road runs easterly from said brook, from thence
to run north nine degrees easterly to Woodstock line, including
the families that live within said town of Pomfrett which were
heretofore allowed by act of this Assembly to take parish
privileges in the second society in Windham ; and that the
limits abovesaid be the limits of one ecclesiastical society, with
all the powers and privileges of otlier ecclesiastical societies
in this Colony, and that the said parish be called and known
by the name of Abbington. And it is further resolved by this
Assembly, that there be and hereby is annexed to the remain-
ing part of the said town of Pomfrett the northerly part of
that tract of land called Mortlake, which is not included in
the said parish made partly out of Pomfrett, Canterbury and

■140 PUBLIC RECORDS [May,

Mortlake ; and that the said easterly part of said town of
Pomfrett with the said northerly part of said Mortlake be and
remain to be the first ecclesiastical society in said Pomfrett,
with all the powers and privileges of other ecclesiastical soci-
eties in this Colony.

Upon tlie memorial of Samnel Brown, Simeon Dewolf,
Robert Hendy, and Zephaniah Hatch, all of Guilford, repre-
senting- that since they have become inhabitants of Guilford
they iiave joyned themselves to the fourth society in said town
and still desire to continue members thereof, and that the first
society in said Guilford, notwithstanding, have rated the me-
morialists and distrained taxes from them for the support of
the ministry in said first society; and praying for relief in the
premises, &c. : Resolved by this Assemlfly, that the memorial-
ists shall be, and they are hereby, for the future exempted and
discharge^ from paying rates or contributing anything towards
the ministerial charges in said first society, and shall be
deemed to belong to the fourth society in said town.

On the memorial of Mary Yale, administratrix on the estate
of Moses Yale late of Wallingford, deceased, shewing to this
Assembly that the debts due from said estate surmount the
moveable estate the sum of .£34 15s. 2c?., praying that some
meet person or persons may be impowered to make sale of so
much of the lands of said deceased as to procure the aforesaid
sum: This Assembly do appoint Asa Yale and Nash Yale, of
said Wallingford, to make sale of so much of the lands of said
deceased as will procure tiie aforesaid sum of £34 16s. 2c?.
with the incident charges arising thereon, and to execute
deeds of conveyance according to law; taking the direction of
the court of probates in the district of New Haven therein.

Upon the memorial of the inhabitants of the parish of An-
dover, praying that this Assembly would grant a tax of twelve
pence upon the acre upon all the lands within the said parish,
&c. : Resolved by this Assembly, tiiat a tax of twelve pence
per acre be laid and assessed upon all the lands witliin the said
parish of Andover, annually for the term of four years next,
commencing from the rising of this Assembly; and that Eb-
[495] enezer Leach and Denison || Kingsberry be collectors,
and they are hereby impowered and authorized to gather and
collect the tax; and that the said Leach gather and collect
the tax arising on the east side of Hartford road that runs
through said parish, and the said Kingsberry the said tax that
arises on tlie west side of said road, to be improved for the
support of the ministry and building a meeting-house.

Upon the memorial of Timothy Pearl, of Willington in

1749.] OF CONNECTICUT. 441

Hartford county, and Abiel Abbott, of Windham in Windham
county, shewing to this Assembly that Mr. Philip Abbott late of
said Windham, deceased, did in his life time, for the considera-
tion of £1000 Os. Od. money, sell unto the said Timothy Pearl
one hundred acres of land in the town of Willington aforesaid,
and accordingly give unto the said Pearl one deed of convey-
ance, wliich said deed is signed and sealed by the said Philip
Abbott and witnessed, dated tiie 2d day of November, A. D.
1748, in which deed said hundred acres is described to be in
that part of Wellington taken from Ashford and annexed to
Wellington, the 7th lot in the first draught, &c., and that the
said Philip Abbott soon after his so signing said deed was by
the providence of God removed by death, not having oppor-
tunity to acknowledge said deed as intended; praying that
this Assembly would enact and order that said deed shall be
a lawful deed of conveyance, and that the same shall be re-
corded, &c.: Resolved by this Assembly, that the said deed
so signed and sealed by the said Philip Abbott, dated the 2d
day of November, A. D. 1748, shall be a good and lawful deed
of conveyance, and that it be recorded ; and it is hereby
enacted and ordained, that being so recorded the said deed,
or copy of such record, shall be lawful evidence of title, and
as good* to the said Timothy Pearl and his heirs, to all intents
and purposes, as though the same had been acknowledged by
the said Philip Abbott, the grantor, in his life time before any
assistant or justice of the peace.

Upon the memorial of the proprietors of Mortlake, pray-
ing this Assembly that said Mortlake, together with the socie-
ty made out of Mortlake partly, and partly out of the town of
Pomfrett and Canterbury, may be made one entire township,
with all the powers and privileges that other towns in this
Colony have, for the reasons assigned : Resolved by this As-
sembly, that Hez'i. Huntington, John Crarey and Nathaniel
Huntington, Esq'"^, be a committee to hear and enquire into
the circumstances of the said Mortlake and its former grants,
as also that part of Pomfrett and Canterbury with all con-
cerned, and make report of the facts as they find them, and
report the same with their opinion thereon to this Assembly
in October next.

Upon the memorial of Joseph Dwight, Esq"", representing
to this Assembly that he had his house burnt and in it ninety-
one pounds in old tenour bills of this Colony consumed in his
house, and praying this Assembly that he may receive the
same sum out of the Treasury of this Colony in lieu thereof:
Resolved by this Assembly, that the said Joseph Dwight, Esq"",
56

442 PUBLIC RECORDS [May,

shall receive out of the treasury of this Colony the sum of
ninety-one pounds in old tenour bills of credit of some of the
neighbouring governments, and the Treasurer of this Colony
is hereby ordered to pay the same out of the Colony treasury
to the said Joseph Dwight, or his order, accordingly.

Upon tlie information of John Humphrey, Esq"", one of his
Majesty's justices of the peace for the county of Hartford,
representing that, some time in December last, Samuel Weed,
lately of Derby in the county of New Haven, who had made
his escape from the goal in tlie county of New Haven, was seized
in Symsbury in the said county of Hartford by a writ issued by
said informer and committed to the common goal, and that
with him was found a quantity of goods and chattels belong-
ing to said Weed and by the sentence of the superior
court were forfeited to this government, and which the in-
former by the direction of said court had also seized for the
use of this Colony and received the same into his custody,
and that very considerable charges and costs had arisen in the
premises: Resolved by this Assembly, that the said John
Humphrey, Esq"", be, and he is hereby, directed and impow-
ered to make sale of all such goods and chattels seized as
aforesaid, by publick vendue, and to deliver and pay into the
publick treasury of tliis Colony all such sum or ^ms of
money as l)y such sale shall be procured, (excepting only what
shall be sufficient to pay and satisfy such costs and charges
arisen as aforesaid or that shall arise by such sale as the same
shall Ije taxed and allowed by the county court in the county
of Hartford,) taking the Treasurer's receipt therefor and
lodging the same in the Secretary's office.

Upon the memorial of Daniel Rowley, administrator on the
estate of Rueben Rowley late of East Haddam, deceased, shew-
ing to this Assembly that the debts due from the estate of the
said deceased Rueben Rowley surmount the moveables £150
[496] 6s. Od. in old tenour, and praying to this Assembly || for
liberty to sell so much of the real estate of the deceased as shall
satisfy the aforesaid sum of <£150 6s. Od. with the necessary
charges arising thereon : Resolved by this Assembly, that the
said Daniel Rowley have liberty to sell so much of the real
estate of the deceased Rueben Rowley as shall satisfy the
abovesaid sum with the necessary charges arising thereon ;
taking the direction of tlie court of probate for the district of
Bast Haddam therein.

Upon the memorial of Philip Turner and Mary Carew, of
Norwich, executors to tlie last will and testament of Joseph
Carew late of said Norwich, deceased, shewiii": to this Assem-

1749.] OP CONNECTICUT. 443

bly that the debts due from the estate of the said* deceased
surmount the personal estate the sum of eleven hundred
pounds, praying this Assembly would order and enact that so
much of the real estate of the said deceased may be disposed
of and sold as will satisfy the said sum of <£1100 0.s. Od. with
the incident charges arising on the sale thereof: Resolved by
this Assembly, that the memorialists have liberty, and they
are hereby authorized and impowered, to make sale of so
much of the real estate of the said deceased as will satisfy the
aforesaid sum of XllOO Os. Od. with the incident charges aris-
ing on the sale thereof; taking the direction of the court of
probate for the district of New London.

Upon the memorial of Moses Thrall, Charles King and
others, inhabitants of Bolton living north of a due east line
drawn from a ditch, commonly called T ditch, cross said town,
representing that they lived at a great distance from the
place of publick worship in said town, by reason of which it is
exceeding difficult for said inhabitants to attend the publick
worship in said town, especially in the winter seasons, and pray-
ing for relief in the premises, &g. : Resolved by this Assem-
bly, that the aforesaid inhabitants living north of the said
line shall have liberty, and liberty is hereby granted unto
them, to hire an orthodox, approved minister or candidate
for the ministry, to preach among themselves from the last of
October to the first of May annually, and that during that
time or such part thereof, and no longer, if they shall procure
preaching of the gospel among them, they shall be exempted
from payment of ministerial charges in the parish to which
they belong.

Upon the memorial of the inhabitants of the parish of
Ripton in the township of Stratford in the county of Fairfield,
shewing to tliis Assembly tliat the Rev^ Jeda^diah Mills, min-
ister of the said parish, did enter into the parish of Stratfield
sometime in June, A.D. 1742, and exhort the people contrary
to law, and Colo. John Burr, one [of] his Majesty's justices of
the peace for said county, lodged a complaint in the clerk's
office in the said parish against the said Jedadiah Mills accord-
ing to law, whereby the said parish hath been disenabled to
gather any rate since granted by said parish for the support
of the said Jedadiah Mills; and praying to this Assembly
that tlie aforesaid complaint, lodged as aforesaid, may be de-
clared null and void for the future, and enable the said socie-
ty to gather the rate for the support of the Rev' Jedadiah
Mills, with the powers and privileges that other societies in
this Colony have for that purpose: Resolved by this Assembly,

444 PUBLIC RECORDS [May,

that the* said society have full power and authority to gather
all rates for the support of the said Rev>' Jedadiah Mills,
from year to year, that shall be granted for the future, as
other ecclesiastical societies in this Colony by law have, the
said bill filed as aforesaid notwithstanding.

Upon the memorial of Benjamin Bunnel, administrator on
the estate of William Charles late of Milford, deceased, shew-
ing to this Assembly that the debts due from said estate do
surmount the moveal)les the sum of <£41 12.s'. lOd., and pray-
ing for liberty to sell so much land of the said deceased as
will pay said debts together with necessary charges arising
thereon: Resolved l)y this Assembly, that the memorialist
have liberty, and he is hereby impowered, to sell so much of
the land of the said William Charles, deceased, as will make
the sum of .£41 12s. lOd. together with the incident charges
arising thereon ; taking the direction of the court of probates
for the district of New Haven therein.

Upon the memorial of the inhabitants of the parish of Judea
in the county of Fairfield, praying this Assembly to grant a
tax of two pence new tenour bills per acre, for the space of
four years next ensuing, to be laid on all the unimproved land
in said society, to be improved for the building and finishing
their meeting-house within said society: Resolved by this As-
sembly, that a tax of two pence new tenour be and is hereby
laid on all the unimproved lands within the limits of said
parish, for the space of four years next, for the use abovesaid ;
[497] and Lemuel Baker, of said || parish of Judea, is here-
by appointed collector, with full power to collect and gather
the same; tlie first year's tax to be collected by said collector
by the first day of October next, and so from year to year till
said four years be ended ; and from year to year said collector,
having so gathered said tax granted as aforesaid, shall pay
the same to the committee of said parish.

On the memorial of Mindwell Row, of Wallingford, ad-
ministratrix on the estate of Ebenezer Row late of said
Wallingford, deceased, shewing to this Assembly that the
debts due from the estate of the said deceased surmount the
moveables the sum of .£116 17s. 4f?., praying this Assembly
that some meet person may be impowered to sell so much of
the lands of said deceased as to procure the aforesaid sum :
Tliis Assembly appoint and impower Ebenezer Bunnel, of
Wallingford aforesaid, to sell so much of the lands of tlie
said deceased as will procure the aforesaid sum of £11(3 17s.
4:d. with the incident charges arising thereon, and to execute
deeds of conveyance; taking the direction of the judge of
probate in the district of New Haven therein.

1749.] OP CONNECTTCDT. 445

Upon the memorial of Solomon Coit, of New London,
shewing that he was chosen and appointed the first committee-
man in the late New London Societj' for Trade, &c., and that
in the service of said society he expended and disbursed of
his own estate more than XllOO Os. Od. money, and that for
relief therein having heretofore applied to the court of com-
missioners appointed to adjust the accounts and differences
between the members of said society, said commissioners did
wholly reject and disallow all his accounts before them then
exhibited, to his grievous wrong and damage ; and thereupon
praying appointment of a committee to enquire, &c. : Resolved
by this Assembly, that Giirdon Saltonstall, Esq"", and Luke
Perkins and Stephen Lee, Esq'"^ and Messrs. Thomas Foi-sdike
and Jeremiah Chapman jun'., all, save said Perkins, of said
New London, or any three of them agreeing, be, and they
hereby are, appointed and impowered, at the proper cost and
charge of the said Solomon Coit, to inspect and examine all
such his accounts with or against any of the members of said
society as he shall lay before them, and to that end, by all
legal ways, to have in before them all such persons either
interested in said society or not, and them under oath or
otherwise to examine, and thereby as well as by inspecting
any and all accounts, writings and papers to be exhibited
before them relating to the premises, and by these and any
or all other lawful means to discover what is just and right
between said Coit and the members of said New London
Society, or any of them ; and of what they find, with their
opinion thereon, to make their report to the General Assembly
at their sessions at New Haven in October next.

Upon the memorial of Joseph White and John Fisk, of the
3d society in Midletown, and the rest of said inhabitants,
shewing that the place pointed out and ascertained by the
committee heretofore appointed to build a meeting-house is
on many accounts incommodious and to general dissatisfac-
tion, and thereupon praying relief, &c. : Resolved by this
Asseml)ly, that Jonath. Trumble, Esq'", John Bulkley, Esq"",
and Nath' Foot, Esq"", be, and they are hereby, appointed a
committee to repair to said parish, and there (liaving first
duly noticed the inhabitants of said society of such their
business) to view the circumstances of said society, and take
and receive all evidence, so far forth as may best enable them
to find out and ascertain some place which to them may
appear most convenient to erect a meeting-house on in said
parish, and thereof to make report to this Assembly at their
sessions at New Haven in October next.

446 PUBLIC RECORDS [May,

Upon the memorial of Mary Momohoe, Simon Sokient and
others, Indian natives, of the tribe of Momohoe, late sachem
of the Pequots, representing that on the 24th of May, 1683,
Isaac Wheeler of Stoningtown sold and made over to James
Avery and Thomas Leffiiigwell, a committee to that purpose
appointed, all his right and interest in and unto two hundred
and eighty acres of land in and by his deed of that date, as
feofees in trust, for the use of said Momohoe and the Indians
under him, and that sundry persons had of late greatly disturb-
ed and molested in their occupancy and improvement thereof,
and thereupon praying for a committee, &c. : Resolved by this
Assembly, that Jonathan Trumble, of Lebanon, Esq"", John
Dyer, of Canterbury, Esq^, and Jonathan Huntington, of
Windham, Esq"", (or any two of them agreeing,) be, and they
are hereby, appointed a committee with full power to repair
[498] to said Stoningtown, and there by all proper ways || and
means to examine and enquire of the matters in said memorial
set forth and complained of, by inspecting all records or
writings to be produced before them thereto relating, and by
summoning in before them and examining all evidences or
persons whatsoever suspected to be any ways knowing to or
concerned therein ; and of what they find, together with their
opinion thereon, as also how or by whom the cost and charge
of such enquiry ought to be borne, to make report to this
Assembly in their sessions at New Haven in October next.

Upon the memorial of Edward Lewiss, of Ashford in the
county of Windham, shewing to this Assembly that he, said
Edward, was bound joyntly and severally with one Robert
Mason to the Governor and Company of the Colony of
Connecticut, for the payment of about £52 10s. Od. old tenour
bills, said Mason principal and Lewis surety, per one bond
dated January, A. D. 1740-41, and said Mason died insolvent,
&c. ; praying that this Assemi)ly would lengthen out the time
and wait yet longer upon said memorialist, &c. : Resolved by
this Assembly, that the said Edward Lewiss have one year's
time for the payment of said sum, provided he give sufficient
bond with surety for the payment of said sum with lawful
interest.

On the petition of William Wolcott, Gideon Wolcott, and
Roger Wolcott jun^, all of the town of Windsor, vs. Samuel
Tudor and Abigail Tudor, both of said Windsor, as on file :
The question was put, whether anything should be granted on
the prayer thereof: Resolved by this Asseml)ly in the negative.
Cost allowed responde7its, X6 4s. 8^^. 7ieiv tenour bills. Ex.
granted July Sth, 1740.

1749.] OP CONNECTICUT. 447

An Act to call in, exchange and discharg-e, the Bills of Credit which have
been issued by this Colony and are still outstanding.

Be it enacted hy the Grovernor, Coujicil and Representatives,
in General Court assembled, and hy the authority of the same,
That all such allowances of sterling money that are made by
the Parliament" of Great Britain towards reimbursing the
expences of this Colony in the late expedition to Cape Breton,
and such as may be made for the expences of this Colony in
the late intended expedition against Canada, are hereby fully
appropriated and shall be improved for the calling hi, exchang-
ing, sinking and discharging, the now outstanding bills of
publick credit made and issued l)y this Colony.

Be it further enacted, That his Honour the Governor for
the time being be, and hereby is, impowered to draw bills of
exchange on our Agent at Great Britain for the sterling money
that is or shall be paid into his hands for the allowances made
for the reimbursements aforementioned, as soon as information
shall be given that the same is paid at Great Britain, or for
such part thereof as shall be paid. And
are hereby authorized and impowered to make sale of the bills
of exchange so drawn, and receive therefor one half the value
thereof in bills of publick credit of this Colony and the other
half in coined silver sterling alloy, which bills of credit and
money the said committee are hereby directed to p;iy into the
hands of the Treasurer of this Colony, taking his receipt
therefor, and lodge the same in the hands of the Secretary.
And are hereby appointed and impowered

a committee, who shall be put upon oath, to receive of the
Treasurer the bills of publick credit issued by this Colony and
brought in by the sales of the said bills of exchange, and
count, burn and consume the same to ashes, and report the
sum or sums so burnt and discharged by them to this Assembly.
And further, when the coined silver procured for the sales of
said bills of exchange shall be fully paid and lodged in the
hands of the Treasurer, he is hereby directed and ordered to
pay the same out in exchange for the bills of credit of this
Colony, at the same rate that the said silver money is received
and accounted for in the sale of said bills of exchange ; and
such bills of credit brought in and redeemed by such exchange
the aforenamed committee shall receive of the Treasurer and
count, burn and consume the same to ashes, and report to
this Assembly the sum or sums as they are before directed.

[499] And, forasmuch as the reimbursements aforesaid
will not be sufficient to sink and fully discharge the whole
outstanding bills of credit of this Colony, this Assembly has
granted three taxes on all the polls and rateable estate in this
government, to be paid at three several periods, (yiz:^ one in

448 PUBLIC RECORDS [May,

the year 1 751, one in the year 1752, and one in the year 1753:
Therefore,

Be it further enacted hy the authority aforesaid. That out of
each of the said taxes the sum of nine thousand pounds new
tenour, in each respective year as aforesaid, by the committee
appointed and sworn as aforesaid, shall be received, counted,
burnt and consumed to ashes, and the account thereof reported
to this Assembly, as they are before in this act directed.

This Assembly grants a rate or tax of three pence on the
pound on all the polls and rateable estate in this Colony,
according to the list which shall be bro't in to this Assembly
in October, 1749, to be paid into the treasury of this Colony
in new tenour bills of tliis Colony, or in bills of the old tenour
of this Colony equivalent, (viz ;) three shillings and six pence
in the old tenour for one shilling of the new ; or in Spanish
mill'd dollars or pieces of eiglit, at thirteen shillings and nine
pence new tenour each, or other silver coin or gold equivalent,
at or before the first day of May, anno Bom. 1751.

This Assembly grants a rate or tax of three pence on the
pound on all the polls and rateable estate in this Colony,
according to the list which shall be brought in to this Assembly
in October, 1750, to be paid into the treasury in new tenour
bills of this Colony, or in bills of the old tenour of this Colony
equivalent, {viz :) three shillings and six pence in old tenour
tor one shilling of the new ; or in Spanish milled dollars or
pieces of eight, at thirteen shillings and nine pence new tenour
each, or other silver coin or gold equivalent, at or before the
first day of May, 1752, including the grant of five thousand
pounds new tenour made payable at tliat time by act of
Assembly made and passed in March, 174|.

This Assembly grants a rate or tax of three pence on the
pound on all the polls and rateable estate iu this Colony,
according to the list which shall be brought in to this Assembly
in October, 1751, to be paid into the treasury in new tenour.
l)ills of this Colony, or in bills of the old tenour of this Colony
equivalent, {viz ;) three shillings and six pence in old tenour
for one shilling of the new ; or in Spanish milled dollars or
pieces of eight, at thirteen shillings and nine pence new tenour
each, or other silver coin or gold equivalent, at or before the
first day of May, 1753, including the grant of five thousand
pounds new tenour made payable at that time by act of
Asseml)ly made and passed in March, 174^. And the Treas-
urer is hereby directed to send foi'th his warrants for collecting
the same accordingly. Which respective taxes are to be
improved for the payment of tlie current charges of the

1749.] OF CONNECTICUT. 449

government each year, and nine thousand pounds each year
to be sunk, burnt and discharged, according to an act made
and passed at tliis Assembly to call in, exchange and discharge
the bills of credit which have been issued by this Colony and
are still outstanding.

An Act for regulating Fees.

Be it enacted hy the Governor^ Council and Representatives^

in Greneral Court assembled, and hy the authority of the same,

That the establishment of the fees belonging to the several

officers in this Colony be as followeth :

Assistants Fees.

For attending the General Assembly, per diem,
Travel per mile out, -

Eepresentatives Fees.
For attending the General Assembly, ^er diem,
Travel per mile out, - - -

Superior Courts Fees.
Chief Judge, per diem, - - - -

Assistant Judges, per diem,
Trying each action, - - - -

Each default or confession, - - -

To the jury, -----
[500] Clerk of the Superior Courts Fees.

Entering each action and judgment,
Filing each individual testimony,
Each execution, _ - - -

Entering judgment acknowledged,
Copy of each testimony, - . _

County Courts Fees,
Chief Judge, j9er ^ie7?2, - - - _

Justices of the quorum, per diem, -
Trying of each action, - _ -

To the jury, - . - .

Each judgment on default or confession,
For a lycence to each tavern-keeper, (whereof
to the clerk Is.) - - - -

Clerk of County Courts Fees.
Entering each action, - - _

Entering each judgment, - . -

For attachment, summons and execution, and
other things proper to him, as in the Assist-
ants and Justices fees.

Court of Probates Fees.
Granting administration, to the judge, -
Receiving and probate of every will and the in-

450 PUBLIC RECORDS [May,

ventory of fifty pounds or under, (whereof to

the clerk, M.^ - - - - 0 2 0

Receiving and probate of every will and inven-
tory of above fifty pounds, (whereof to the
clerk Is.) - - - - -.080

Each quietus, (whereof to the clerk 6fZ.) - 0 10

Recording every will and inventory of above
fifty pounds and not exceeding one hundred
pounds, - - - - - 030

Recording every will and inventory of fifty

pounds or under, - - - - 0 2 6

Also three pence per hundred for every hundred
pounds after the first hundred, and half so
much for copy of the same ; such wills and
inventories always to be computed by proc-
lamation money.

Each bond for administration, and each letter of

administration, - - - - 0 10

Every citation, - - - - -004

Making out a commission, receiving and exam-
ining the claims of creditors to insolvent
estates, and registring the same, - - 0 1 0

Registring the commissioners report per page,
for each page of twenty-eight lines ten words
in a line, - - - - -006

Entering an order upon the administrator to
pay out the estate in proportion unto the sev-
eral creditors returned by the commissioners, 0 0 6

Allowing of accompts, settling and dividing of
intestate estates, - - - -

Appointing guardians and taking bond,

Assistants and Justices Fees.

Attachment or summons for action,

When bond is given, . - .

A warrant for witnesses, - - -

Entry and tryal of an action, - - -

Every execution, _ - - -

Every warrant for criminals, - - -

Bond for appeal, _ . - -

Copy of evidences, the least, - - -

Copy of judgment, - - - -

Every recognizance, - . -

[501] Judgment on confession or default,

Affidavits taken out of court, each,

1749.] OP CONNECTICUT. 451

£ s. d.

Acknowledging a deed, mortgage, or other in-
strument, - - - - 0 0 6
Secretary's Fees.
Recording laws and orders of publick concern-
ment in the Colony records, each,
Affixing the Colony seal, each time,
Each military commission, _ _ .
Each commission for the justices in each county.
Commissions for the judges of the superior court.
Commissions for the judges of the county court

and courts of probate, each.
Each petition or memorial to the General As-
sembly, -----
To the General Assembly for every petition,
Sheriffs and Constables Fees.
Serving every summons, - - .

If by the copy, - - _ -

Serving every attachment, - - -

Bail bond, _ - . - .

Levying every execution not exceeding five

pounds.
Levying every execution more than five pounds

and not exceeding ten pounds.
Levying every execution more than ten pounds

and not exceeding twenty pounds.
Levying every execution more than twenty
pounds and not exceeding forty pounds.
For any greater sums than forty pounds
shall be allowed after the rate of two
shillings more advance on every twenty
pounds, above the sum of forty pounds,
which shall be levied by the same execu-
tion, and the abovesaid fees on executions
shall be taken in the same currency that
is to be levied by each respective execu-
tion.
Attending at a justices court, (when obliged to

attend,) for each action tryed,
Each mile travel out, - • -

Sheriff attending the General Assembly, supe-
rior court or county court, j9gr diem^
Constable for the like service.

Fees for Plaintiff and Defendant attend-
ing any court, per diern,
Witnesses attending any court, pe?- diem,

0
0

0
3

4
3

6
0

452 PUBLIC RECORDS [May,

£ s. d.
Travel for plaintiff, defendant or evidence

in any court, per mile, - - 0 0 2

Fees for a jury employed in laying out high-
ways, shall be for every juror per diem, 0 3 0
And the sheriff attending on said jury,

per diem, - - - - 0 4 0

Town Clerks Fees.
For recording a deed, - - - -

For copy of deed, - - - -

To survey bill, -----
To recording a marriage, - - -

To recording a birth or death, -

Attorney Fees.
In taxing bills of cost, (the party that recovers,)
For attorneys fee at county court.
In the superior court, . - -

[502] Post Wages.

For man, horse and expences, each mile out,

Recorder of Horses Fees.
For branding and recording every horse-kind, -
For recording each sale or exchange.
For each copy of record, - - .

Goalers Fees.
For commitment of a prisoner and discharge,
For dieting each prisoner, per week.

County Surveyors Fees.
For himself and horse per diem, besides ex-
pences, - - - - - 040
Resolved by this Assembly, That the act for regulating fees
made and passed by this Assembly and computed in proclama-
tion money take effect from the sitting of this Assembly, and
for one sliilling of the proclamation money may be taken and
received eight shillings of the old tenour bills of credit ; and
that the printer be directed to ])rint the same as soon as may
be, and send the same out to the persons in this Colony as
usual.

Resolved by this Assembly, That his Honour the Governor
be, and he is hereby,. desired to write to Eliakim Palmer, Esq"",
the Agent for this Colony at the Court of Great Britain, and
inform him of and send to him the act of tliis Assembly to
call in, exchange and discharge, the bills of credit which have
been issued by this Colony and are still outstanding, and that
the money allowed by the Parliament for reimbursing the ex-
pences of this Colony in the late expedition to Cape Breton,
together with what money may be allowed for the expences of

1749.] OP CONNECTICUT. 453

this Colony in the late intended expedition against Canada, is
appropriated and ordered to be applied for that purpose ; which
money, with the taxes granted by this Assembly, will be suffi-
cient to sink and discharge all our outstanding bills of credit;
and that this government have never made any large emissions
of bills of credit at any time which are now outstanding, sav-
ing those emissions which have been lately made and were
necessary for his Majesty's special service in carrying on the
late expedition against Cape Breton, and in obedience to his
Majesty's command in raising and providing a reghnent for
his Majesty's service in the late intended expedition against
Canada, and making the necessary provision therefor, which
could not at that juncture be done without such emission of
bills of credit ; and that which is enacted will intirely sink
and discharge all our outstanding bills of credit.

And it is further resolved., That his Honour the Governor be
desired to write to our said agent, and in the name of tliis
Assembly signify unto him the veiy grateful sense the govern-
ment hath of his vigilence and care in all their concerns, and
especially in giving a vigorous opposition to the bill depending
before the Parliament relating to paper currencies, which
seems to have a very threatning aspect on our liberties and
privileges granted to us in the royal charter, especially as it
would, when passed into a law, invest the Governor of the
Colony for the time being with a power to negative all acts
that should be passed in our As^-^mbly ; with desires that he
continue his endeavours by all proper methods to prevent the
same being past into an act, and that he endeavour a speedy
payment of the money granted to us by the Parliament for
the reimbursing the expences of this Colony in the late expe-
dition against Cape Breton, and that he press forward the
liquidating, settling and obtaining payment for the accounts
of the expences of this Colony in the late intended expedition
against Canada, and the pay of the troops of this Colony;
and that what money shall be necessary to be advanced for
council and other needful occasions in transacting our affairs,
shall be allowed to him on his account, and shall be duly dis-
charged accordingly. And further, when Governor Law shall
receive an answer from Governor Shirley on his letter respect-
[503] ing his ]| reasons for the great abatements he hath inti-
mated at Great Britain ought to be made in the accounts of
this Colony for our expences in the late intended expedition
against Canada, it is desired that his Honour give our Agent
the account of the reasons which Governor Shirley shall offer
for such abatements ; and if he give no answer to Governor

454 PUBLIC RECORDS [May,

Law in convenient time, that then the Agent be informed of
that.

Resolved hy this Assembly, That his Honour the Governor
be desired, and he is hereby desired, to write to Governor
Shirley and inform him that good intelligence hath been
given this Assembly that he hath sent information to Great
Britain that great abatements ought to be made in the accounts
of this Colony in regard to the affair of our expences in the
proposed expedition against Canada, and the pay of our
regiment, and desire his Excellency to give us some informa-
tion of the reasons why any such abatements ought, in his
opinion, to be made ; and his Honour is desired to send this
letter by an express, as soon as may be, and direct him to wait
for an answer from his Excellency so long a time as his
Honour shall think needful to direct.

Resolved hy this Assembly, That Mr. Daniel Edwards, of
Hartford, be impowered, and he is hereby fully authorized and
impowered, to sue out all i\\h bonds given for the payment of
the last half of the principal sum borrowed in new tenour bills
and loaned by order of this Assembly in the county of Hartford
and remain unpaid, and proceed to final judgment and ex-
ecution according to the common rules and course of the law,
and the money when recovered and received to pay into the
hands of the Treasurer of this Colony, taking his receipt
therefor, and to lodge the same with the Secretary. And
Capt. Elihu Hall, of Wallingford, is in the like manner fully
authorized and impowered to sue out the bonds given in the
county of New Haven for the said last half of the new tenour
bills loaned as aforesaid, and to proceed and do therein
according to the above directions. And Mr. Ebenezer Backus,
of Norwich, is in like manner fully authorized and impowered
to sue out the bonds given in the county of New London for
the said last half of the new tenour bills loaned as aforesaid,
and to proceed and do therein according to the above directions.
And Capt. Robert Walker, of Stratford, is in like manner fully
authorized and impowered to sue out the bonds given in the
county of Fairfield for the last half of the new tenour bills
loaned as aforesaid, and to proceed and do therein according
to the above directions. And Jonathan Trumble, Esq"", of
Lebanon, is in like manner fully authorized and impowered to
sue out the bonds given in the county of Windham for the
last half of the new tenour bills loaned as aforesaid, and to
proceed and do therein according to the above directions.
And the Treasurer is hereby directed to deliver out to the
several persons abovenamed the respective bonds belonging

1749.] OP CONNECTICUT. 455

to each of the aforesaid counties which remain unpaid, taking
their receipts for the bonds given into their hands. And tlie
aforenamed agents are hereby directed to sue out the same
with all convenient speed, that the accounts of the loans may
be settled and our bills of credit, so far as relates thereto, may
be sunk and discharged.

Resolved by this Assembly, That the mortgages given for the
security and payment of the last loaned moneys, being of the
new tenour, payable in the year 1744 and in, the year 1748, be
committed into the hands of the several agents for tlie govern-
ment, respectively, in each county, who are appointed to receive
and collect the moneys of said loaned new tenour upon bonds
payable in the years abovesaid. And the said agents are
hereby impowered to receive said mortgages, and to act and
do in all respects as the said agents were impowered to do in
and about the former mortgages made for the payment of the
old tenour loan moneys payable before the year 1744.

This Assembly do appoint Nathaniel Stanly, William Pitkin,
Esqrs, and Mr. Jos. Buckingham, to be a committee to receive,
examine and settle the accounts of the commissaries improved
in providing for the late intended expedition against Canada,
with relation to their proceedings in the whole of that affair,
and to settle any other accounts in behalf of the government
as they shall find needful.

[504] Whereas this Assembly has been informed that there
is a large tract of land contained in the patent that has been
made to the proprietors of the town of Kent and lying on the
south side of the land contained in said patent, which tract of
land was never granted nor intended to be granted by this As-
sembly, and this Assembly was deceived in ordering said patent
to be executed : Resolved, that the King's Attorney in the county
of Hartford shall enquire into the matters aforesaid, and if it
shall appear to him that this Assembly was deceived in order-
ing said patent to be executed, he is ordered and directed to
summons the patentees in said patent to appear before this
Assembly to be holden at New Haven in October next, to shew
by what right they hold the lands contained in said patent, and
to shew cause, if any they have, why their patent should not
be declared void and the said proprietors take out another
patent according to their grant.

Resolved by this Assembly, That Jeremiah Miller, Esq"", be,
and he is hereby, appointed to receive from the Secretary the
new revised acts which have been past by this Assembly, and
the Secretary is hereby directed to prepare and deliver the
same to the said Jeremiah Miller, Esq'', who is directed to

456 PUBLIC RECORDS [May,

carry the same to the printer that it may be printed, and take
care of and correct the press, and see the same to be well and
truly done, and return the original to the Secretary. And the
printer is hereby directed to print to the number of twenty-
two hundred books. And Jonathan Trumble, Esq"", is ap-
pointed to buy three hundred and sixty-six ream of proper
paper for the use aforesaid ; and the Treasurer is directed to
pay to the said Trumble the sura of twenty-two hundred
pounds old tenour, taking his receipt; and the said Trumble
is directed to brfng in his account thereon accordingly.

Resolved, That the several petitions, memorials and reports
of committees, now lying on the files of this Assembly and
not acted upon, be continued, and the same are hereby con-
tinued, to the sessions of this Assembly to be holden at New
Haven in October next.

This Assembly do establish and confirm Mr. Abner Johnson
to be Captain of the first company or trainband in the town of
Wallingford, and order that he be commissioned accordingly.

This Assembly do appoint John Richards, Esq"", to be a
Justice of the Peace in and for the county of New London
the year ensuing.

Jeremiah Miller, Esq"", appointed Judge of the Probate for
the district of New London, appeared before the Assembly
and declined taking that office: Therefore, this Assembly do
appoint John Richards, Esq"", of New London, to be Judge of
the Court of Probate for the district of New London the year
ensuing.

Resolved and enacted hy this Assembly, That Eliakim Palmer,
Esqr, of London, merchant, be autliorized and appointed
Agent and Attorney for the Governor and Company of this
Colony, to supplicate for and receive all such sum and sums of
money as may be granted or ordered for the re-imbiirsement
of the charges and expences this Colony hath been at in pro-
viding arms, cloathing, victualling, transports, <fec., for the
regiment raised in this Colony to be improved in an expedition
proposed against Canada, which was done in obedience to his
Majesty's command signified by his Grace the Duke of New-
castle, by his letter dated April 9th, A. Dom. 1746.

This Assembly do hereby authorize, impower and desire,
the Governor and Secretary of this Colony to make and exe-
cute an instrument in the name of the Governor and Company
of this Colony, signed by the said Governor and Secretary and
sealed with the Colony seal, fully impowering the said Eliakim
Palmer, Esq"", for the purpose aforesaid.

1749.] OF CONNECTICUT. 457

Resolved hy this Assembly, That the chief judge of the supe-
rior court, for the time he has spent and been out upon the
service of judge since the month of October last, have six
sliillings new tenour per diem for every day, in addition to
wliat was stated by law during said time ; and that each assist-
ant judge of said court have in addition, as aforesaid, four
shillings and six pence per diem for every day they or each of
them have spent as aforesaid.

Ordered hy this Assembly, That a bond taken from Gurdon
Saltonstall, Esq"", to the Governor and Company for the pay-
ment of five thousand ninety-six pounds seven shillings and
nine pence old tenour, payable the 15th of August next, now
in the hands of Thomas Fitch, Esq"", be delivered to the Treas-
urer of this Colony, taking his receipt therefor, and that the
same be lodged with the Secretary.

[505] This Assembly do appoint Mr. William Wells, of
Glassenbury, to be Surveyor of Lands in the county of Hart-
ford.

This Assembly do appoint Mr. Benjamin Stiles, of Wood-
berry, to be Surveyor of Land for the county of Fairfield.

This Assembly do direct Samuel Lynde and John Richards,
Esq''s^ to deliver the bond they took of Mr. Robert Sloan for
three thousand pounds old tenour, payable in 1749-50, with
interest, into the hands of the Treasurer of this Colony, taking
his receipt therefor, and lodge the same with the Secretary.

This Assembly grants to Samuel Lynde and John Richards,
Esqrs, for leasing, looking after and selling the Colony's house
at New London, the sum of thirty pounds old tenour, and that
the Treasurer pay the same accordingly.

This Assembly do appoint Charles Webb, of Standford, to
be Surveyor of Lands for the county of Fairfield.

This Assembly grants to the Honourable Jonathan Law,
Esq"", Governor, for his first half year's salary, the current
year, the sum of one hundred and thirty pounds in new tenour
bills of credit.

This Assembly grants unto the Hon^^e Koger Wolcott, Esqf,
Deputy Governor, for his first half year's salary this current
year, the sum of sixty-five pounds, to be paid in new tenour
bills of credit.

This Assembly grants to Eliakim Palmer, Esq'', our Agent
at Great Britain, the sum of four hundred pounds in bills of
credit old tenour, for his salary the current year.

This Assembly grants unto Thomas Fitch, Esq"", for his

458 PUBLIC RECORDS [May,

service done for the Colony in revising the laws, transcribing
the same, and entertaining the committee, the sum of one
hundred and ninety-five pounds eleven shillings new tenour,
besides the hundred pounds old tenour already received by the
said Thomas Fitch, Esq"", and that an order be drawn thereon
to Nathaniel Stanly, Esq"", Treasurer of the Colony aforesaid,
to deliver the said sum out of the treasury to him, the said
Thomas Fitch, Esq'.

This Assembly grants unto Ebenezer Silliman, Esq"", for his
service in assisting Colo. Fitch in revising the laws, the sum
of eighty-one pounds old tenour, and that an order be drawn
on Nath' Stanly, Esq"", Treasurer of this Colony, to pay said
sum out of the Treasury.

This Assembly grants to Andrew Burr, Esq!", for his service
as committee in assisting Thos. Fitch, Esq"", in revising the
laws, the sum of eighty-one pounds old tenour, and that an
order be drawn to the Treasurer to pay the same out of the
treasury.

This Assembly grants unto Capt. Robert Walker, for his
service in assisting of Thomas Fitch, Esq"", in revising the
laws, the sum of eighty-one pounds old tenour, and that an
order be drawn thereon to Nath' Stanly, Esq"", Treasurer of
this Colony, to pay the same out of the treasury.

This Assembly grants to the Honourable Jonathan Law,
EsqJ", Governor, the sum of twenty pounds new tenour bills of
credit, in addition to the hundred and thirty pounds new ten-
our, &c., granted by this Assembly for his first half year's
salary the current year.

This Assembly grants to the Hon**'*' Roger Wolcott, Esq"",
Deputy Governor, the sum of ten pounds in bills of credit of
the new tenour, in addition to the sixty-five pounds granted
to him by this Assembly for his first half year's salary this
current year.

Whereas this Assembly is drawn out to such a length that
all the members thereof cannot conveniently attend to hear
the records read off: This Assembly appoint William Pitkin
and John Chester, Esqf^^ Colo. Thomas Wells, Colo. Joseph
Pitkin and Mr. Thomas Seymour, a committee to attend his
Honour the Deputy Governor, to hear the records of the acts
and doings of tliis Assembly read off, and see them signed by
the Secretary as perfect and compleat.

The whole record of the several Acts, Grants, Orders and
Resolves of this Assembly, as it stands entered on the pages
of this book next preceding, were read off in the presence of

1749.] OF CONNECTICUT. 459

his Honour the Deputy Governor and the committee above-
named, and signed as compleat.

George Wyllys, Secret'y.

>Esq

■■s. Assistants.

[506] Anno Regni Regis G-eorgii secundi Magnce Britannice
(fc, vigessimo-te7'tio.

At a General Assembly holden at New Haven in his Maj-
esty's English Colony of Connecticut in New England,
in America, on the 2d Thursday of October, (being the
12th day of said month,) annoque Domini 1749, and con-
tinued BY several adjournments UNTIL THE THIRD DAY OF

November next following.

P7'esent :

The Honourable Jonathan Law, Esq% Governor.

The Hon^'ie Roger Wolcott, Esq"", Deputy Governor.
James Wadsworth, Et)enezer Silliman,
Samuel Lynde, Jonathan Trumble,
William Pitkin, Hezekiah Huntington,
Thomas Fitch, Andrew Burr,

Roger Newton, John Chester,

Gurdon Saltonstall,
Representatives or Deputies that attended at the Assemhly are

asfolloiv, (viz:)
Colo. Joseph Pitkin, Mr. Joseph Talcott, for Hartford.
Mr. Jeremiah Miller, Mr. Jeremiah Chapman jun"", for New

London.
Capt. Eleazer Carey, Capt. Eliphalet Dyer, for Windham.
Mr. John Hooker, Capt. Hezekiah Lee, for Farmingtown.
Colo. Jonathan Hoit, Mr. Abraham Davenport, for Standford.
Colo. Elisha Williams, Colo. Elizur Goodrich, for Weathersfield.
Mr. Elnathan Wheeler, Mr. Ephraim Judson, for Stratford.
Major Daniel Ely, for Lyme.

Mr. James Bicknal, Mr. Robert Knowlton, for Ashford.
Mr. Ebenezer Holbrook, Major Joseph Holland, for Pomfrett.
Major Ebenezer Marsh, Capt. Thos. Harrison, for Litchfield.
Capt. Nathan Smith, Capt. William Williams, for Groton.
Major John Russell, Mr. Jonath. Russell, for Brandford.
Mr. Samuel Prentiss, Mr. Nehemiah Palmer, for Stoningtown.
Capt. Moses Hawkins, Capt. Abel Gun, for Derby.
Capt. Isaac Dickerman, Capt. Samuel Sherman, for New Haven.
Mr. Thaddeus Burr, Mr. David Rowland, for Fairfield.
Mr. Ebenezer Backus, Mr. Isaac Tracey, for Norwich.
Major Elihu Chauncey, Mr. James Wadsworth jr., for Durham.

460 PUBLIC RECORDS [October,

Mr. John Leavinsworth, Capt. John Glover, for Newtown.

Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury.

Mr. Silas Long, Capt. Samnel Rnst, for Coventry.

Capt. John Mead, Mr. Gershom Lockwood, for Greenwich.

Capt. Elnathan Stephens, Capt. Isaac Kelsey, for Killingworth.

Colo. Shubael Conant, Mr. Joseph Storrs, for Mansfield.

Capt. William Buel, Capt. Joseph Phelps, for Hebron.

Mr. Ambrose Whittelsey, Capt. Jedadiah Chapman, for Say-
brook.

Mr. Penuel Child, Mr. Boaz Stearns, for Killingly.

Mr. Ebenezer West, Major Joseph Fowler, for Lebanon.

Mr. Samuel Morgan, Mr. Roger Billings, for Preston.

[507] Mr. Hezekiah Brainerd, for Haddam.

Capt. Charles Bulkley, Mr. John Day, for Colchester.

Mr. Zebulon West, Mr. Joshua Wills, for Tolland.

Mr. James Bebee, Mr. Joseph Peck, for Danbury.

Capt. John Fowler, Mr. Robert Treat, for Milford.

Major Henry Allyn, Mr. Mathew Rockwell, for Windsor. •

Colo. Benjamin Hall, Mr. Gideon Ives, for Wallingford.

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown.

Capt. Dan' Southmaid, Mr. Timothy Judd, for Waterbury.

Mr. Henry Bowen, Colo. Thos. Chandler, for Woodstock.

Mr. James Cone, for East Haddam.

Mr. James Benedict, Mr. Samuel Olmstead, for Ridgefield.

Mr. John Hitchcock, Mr. John Warner, for New Milford.

Colo. John Dyer, Mr. Solomon Tracey, for Canterbury.

Mr. John Humphrey, Mr. Andrew Robey, for Symsbury.

Mr. Samuel Minor, Mr. Eleazer Hinman, for Woodberry.

Capt. Robert Dixson, Mr. Joseph Park, for Voluntown.

Colo, Samuel Hill, Major Timothy Stone, for Guilford.

Major James Lockwood, Mr. Joseph Piatt, for Norwalk.
Colo. Thomas Welles, Speaker, ^ of the House of Repre-
Capt. John Fowler, Clerk, \ sentatives.

The several members of this Assembly who had not taken the

oaths provided by act of Parliament, instead of the oaths of

allegiance or supremacy, now took the said oaths, and like-
wise the oath of abjuration, and made the declaration against

popery.

This Assembly do establish and confirm Mr. John Murdock

to be Captain of the 10th company or trainband in the 7th

regiment in this Colony, and order that he be commissioned

accordingly.

This Assembly do establish and confirm Mr. Abraham

Post to be Lieutenant of the 10th company or trainband in the

7th regiment in this Colony, and order that he be commissioned

accordingly.

1749.] OP CONNECTICUT. 461

This Assembly do establish and confirm Mr. Samuel Denison
to be Ensign of the 10th company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Stephen
Olmstead to be Lieutenant of the 3d company or trainband in
the town of Hartford, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. William Stanly
to be Ensign of the 3d company or trainband in the town
of Hartford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Daniel Goodwin
to [be] Captain of the first company or trainband in the first
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Richard Good-
man to be Lieutenant of the first company or trainband in
the first regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Samuel Good-
win to be Ensign of the first company or trainband in the
first regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do appoint Jonathan Trumble and George
Wyllys, Esqi's, a committee to prepare the accounts of the
tenour and amount of the bills of credit of this Colony, with
the times fixed for the sinking and discharging them and the
funds laid therefor, to be sent in answer to his Grace the
Duke of Bedford's letter of July 19th, 1749.

[508] The Gentlemen nominated by the Votes of the Freemen of this
Colony, (as sent in to this Assembly) to stand for Election in
May next, are as follow, (viz :)

The Honbie Jonathan Law, Esqr.

The Honbie Roger Wolcott, Esq^.
James Wadsworth, Esq"". Andrew Burr, Esq"".
Samuel Lynde, Esq"". John Chester, Esq^.

William Pitkin, Esq^. Gurdon Saltonstall, Esq*".

Thomas Fitch, Esq^ Colo. Joseph Pitkin.

Roger Newton, Esq"". Capt. Roger Wolcott.

Ebenezer Silliman, Esq!". Colo. Elisha Williams.
Jonathan Trumble, Esq"". Mr. John Griswould.
Hezekiah Huntington, Esq^. Colo. Benjamin Hall.
John Bulkley, Esq"". Colo. Thomas Welles.

Whereas upon the memorial of Daniel Alden of Stafford,

462 PUBLIC RECORDS [October,

agent for said town, to this Assembly in their sessions in May,
1748, representing that James Wadsworth, John Hall and
Hezekiah Brainerd, Esq'^, being three of a certain committee
by tlie General Assembly of this Colony in May, 1718, ap-
pointed to procure said town to be laid out, settled, tfec, soon
after, with tlie assistance of Mr. Surveyor Kimberly, proceeded
to lay out a number of house lots, and other lots and parcels
of land for pious uses and highways, and to admission of set-
tlers under certain restrictions and regulations by said com-
mittee agreed on, and to assign to each person so admitted
their particular allotments, and thereof, and of other their pro-
ceedings, having made a rough and unformal draught, it so
happened that they had been prevented perfecting said under-
taking, and that the minutes of their said proceedings
remained unfinished and incompleat and in part concealed in
private hands, insomuch as that the said settlers and inhabi-
tants of said town still remained destitute of any proper and
legal records of their titles, &c., and thereupon praying relief,
James Wadsworth, Jonathan Trumble and Joseph Pitkin,
Esqrs, or any two of them agreeing, were by the Assembly in
May, 1748, appointed a committee to enquire of the premises
and such draught, form or description of the said township,
surveys and divisions, either for publick or private uses or
particular persons, as by said former committee had been pro-
ceeded to or concluded on, or as they should find further nec-
essary for the good and safety of said town, to exhibit to the
General Assembly in October then next, with their opinion
thereon, &c.: And whereas, pursuant to such appointment,
James Wadsworth and Joseph Pitkin, Esqr% two of said last
committee, accordingly made their report in the premises to this
Assembly in said October sessions, the particular consideration
whereof was by continuances referred to this present sessions
and is now lying in the files of this Assembly, dated June
16th, 1748, with the said original draught of the proceedings
and conclusions of said first committee thereto annexed : On
consideration whereof had.

Resolved by this Assembly^ That the said report of said
James Wadsworth and Joseph Pitkin, Esq'"% be accepted, and
this Assembly doth accept and approve of the same, and order
that the same, together with the original draughts therein
referred to and thereunto annexed, be exactly recorded in the
book of the records of the said town of Stafford, and that
at all times forever hereafter legally attested copies of such
record, or of such paragraph or paragraphs thereof as describe
and ascertain the bounds and limits of any particular parcel
or parcels of land to any person or persons or uses, may and

1749.] OF CONNECTICUT. 463

shall be allowed to be given in evidence in all and every
[509] court II and courts, and shall be accepted and taken to
be as good evidence of the titles to the lands therein mentioned
as the original surveys would have been if they had been
signed by the committee or the persons appointed to lay out
and assign said lands to the several proprietors thereof, and
had thereupon been duly recorded in the records of the said
town of Stafford ; and that said James Wadsworth and Joseph
Pitkin, Esqrs, together with George Wyllys, Esq"", of Hartford,
be a committee to see and take care that such entry and
recording be truly and exactly done, at the proper cost and
charge of said town of Stafford.

Whereas the General Assembly of this Colony, at the
sessions in May last, appointed William Pitkin, Jonathan
Trumble, John Chester and Thomas Welles, Esq", Auditors
of the publick accounts with Colo. John Whiting, late
Treasurer, and to settle all accounts of the Colony with him
and make their report to this present Assembly : And whereas
the said auditors have not been able to accomplish the said
work and make report accordingly : Therefore,

Resolved by this Assembli/, That the said William Pitkin,
Jonathan Trumble, John Chester and Thomas Welles, Esq^s,
are hereby authorized and impowered to accomplish the said
work, as mentioned in said act, and make report to this
Assembly in May next.

Whereas the General Assembly, held at Hartford in May
last, on the memorial of the proprietors of Mortlake, appointed
Hezekiah Huntington, John Crerey and Nathaniel Huntington,
Esqt's, a committee to hear and enquire into the circumstances
of the said Mortlake and its former grants, as also that part
of Pomfrett and Canterbury with all concerned, and make
report of the facts as they find them, and to report the same
with their opinion thereon to this present Assembly: And
whereas it is represented to this Assembly that the above
committee have not prepared a report on the said act :
Resolved by this Assembly, that the said Hezekiah Huntington,
John Crery, and Nathaniel Huntington, Esq^s, the committee
abovenamed, be a committee with the like powers and authorities
of hearing and enquiring as mentioned in said act, and that
they report the facts they find with their opinion thereon to
this Assembly in May next.

Be it enacted by the Governor, Council and Representatives, in
Greneral Court assembled, and it is enacted by the authority of
the sa^ne, That the lands east of Woodstock, south of the line
of the Province oT the Massachusets Bay, west of Quinnabaug

464 PUBLIC RECORDS [October,

and north of the town of Pomfrett, he annexed, and the same
is hereby annexed, to the town of Killingly, and that the
inhabitants thereon have all town privileges with the said
town of Killingly.

On the memorial of the President and Fellows of Yale
College in New Haven : Ordered by this Assembly, that the
sum of two hundred and thirty-three pounds seven shillings
in bills of credit on this Colony of the new tenour, be allowed
and paid out of the publick treasury to the said president and
fellows, for the last half of the last year, which was omitted
to be ordered in May last, and for the first half of the current
year ; to be in lieu of what was granted them by this Assembly
at their sessions in May A. Dom. 1745.

On the petition of John Merriman, of Wallingford, vs. Joel
Canfield, of Saybrook, as on file : The question was put,
whether a committee should be appointed, &c., as prayed for
in said petition : Resolved by this Assembly in the negative.
Cost allowed respo7ide7it X14 10s. 8c^. old tenour. Ex. granted
Nov. M, 1749.

[510] Ordered ly this Assembly, That the inhabitants on
the westerly side of Willimantick River in the township of
Stafford be erected into a distinct military company or
trainband, and that they be led to the choice of proper officers,
taking the direction of the colonel of the 5th regiment in this
Colony.

On the petition of Timothy Parsons, of Durham, vs. Hope
Hally, of Midletown, respondent, as on file : The question
was put, whether anything on the prayer thereof should be
granted : Resolved Ijy this Assembly in the negative. Cost
allowed respondent X13 17s. Qd. old tenour. Ex. granted Nov.
14^A, 1749.

On the petition of James Miles and Jehiel Tuttle, both of
Wallingford, vs. John West, of Hartford, as on file : The
question was put, whether the pleas offered by the respondent
in abatement of said petition are sufhcient: Resolved by this
Assembly in the affirmative. Cost alloived respondent £12 5s.
Id. old tenour.

Upon the memorial of Hannah Perkins, administratrix on
the estate of Samuel Perkins late of New Haven, deceased,
praying liberty to sell so much of the real estate of said
deceased as shall enable her to pay the sum of £18 18s. 5d.:
Resolved by this Assembly, that said administratrix have
libei'ty to sell so much of the real estate of said deceased as
shall enable her to pay said sum of X78 L8s. 5d. money old

1749.] OP CONNECTICUT. 465

tenour with charges of sale ; taking the direction of the court
of probate in the district of New Haven therein.

Upon the memorial of the inhabitants of the town of
Salisbury, by their agent Mr. Thomas Chipman of said
Salisbury, praying for a land tax, to be improved to finish the
meeting-house in said town, with the assistance of said town :
Resolved by this Assembly, that there shall be a tax of fifteen
pounds old tenour levyed on each proprietor's right in said
town, excepting the publick rights, to be paid by the owners
of such rights in proportion to what they own in those lands
that are laid out thereon, without allowing any thing for
sizing; and that there shall be a tax of twelve pence per
acre old tenour levyed on all the unimproved lands lying
within the said town contained within those country grants
surveyed and laid out before the said town was sold, except
grants for publick or charitable uses : which tax shall be for
one year only. And this Assembly do appoint John Chipman,
of said Salisbury, to be the collector of said tax, who is
hereby impowered to collect the same, and is hereby directed
to deliver the money collected for said tax to the committee
appointed by said town for carrying on and finishing the
building said meeting-house, who are directed to improve the
same for that purpose.

Upon the memorial of Paul Welch, of New Milford,
shewing this Assembly that he had at great hazard and expence
taken one Joseph Bills, a vagrant person who was suspiciously
guilty of counterfeiting bills of publick credit, and praying
for some reward for iiis service therein : Resolved by this
Assemljly, that the said Paul Welch have paid unto him for
his service aforesaid the sum of twenty pounds money old
tenour out of the publick treasury of this Colony.

Upon the memorial of the selectmen of New Milford,
shewing this Assembly that they had expended the sum of
<£57 15s. Od. money old tenour upon one Thomas Welch of
said New Milford, a distracted person who hath no estate but
lands to defray said expence, and praying for liberty to sell
of said Welch's land &c. to defray the expences aforesaid :
Resolved by this Assembly, that Samuel Canfield, Esqr, of
said town, be impowered, and he is hereby impowered, to sell
to the best advantage so much of the lands of the said Thomas
Welch as will procure the aforesaid sum with the necessary
charges arising on the sale of said land, and the said money
to put into the hands of the said selectmen for the purpose
aforesaid.

466 PUBLIC KECORDS [October,

[511] On the petition of Elijah Hammond, of Coventry, vs.
Joseph Noyes and Abigail his wife, of New Haven, as on file:
The question was put, whether the pleas offered hj the
respondents in abatement of said petition are sufficient :
Resolved by this Assembly in the affirmative. Cost allowed
resjjondent, <£12 5s. 2d. old teyiour.

James Penniman, of Medfield in the county of Suffolk in the
Provinceofthe Massachusets Bay, representingtothis Assembly
that, on the 24th day of April last past, his dwelling house and
a gi'eat part of his household goods were consumed by fire, and
that he had in his chest at that time two three-pound bills of
the new tenour of this Colony that were consumed in the same
flames, and moving to this Assembly by his attorney, Ebenezer
Holbrook, Esq"", that he may have so much drawn out of the
publick treasury of this Colony as will make up his loss in the
said bills consumed as abovesaid : Resolved by this Assembly,
that the said James Penniman have the sum of twenty-one
pounds old tenour in bills of credit of the Province of the
Massachusets Bay out of the publick treasury of this Colony,
the said Ebenezer Holbrook giving his receipt for the same.

Upon the memorial of the selectmen of the town of Danbury,
shewing this Assembly that they had expended upwards of
X'j60 Os.Od. money upon one Ebenezer Barnum, an impotent
person, and shewing this Assembly that the movealjle estate
of the said Barnum had been already expended upon him and
his family, and that he is still under necessitous circumstances,
and also that he had a considerable estate in lands ; and praying
for liberty to sell land of the said Ebenezer for defraying said
expence and for making further provision for him, the said
Barnum : Resolved by this Assembly, that the said selectmen
have liberty to sell so much of the lands of the said Ebenezer
Barnum to the best advantage as will procure the sum of <£240
Os. Od. money old tenour, to be improved for the purpose afore-
said.

Upon the memorial of Jonas Smith and Thomas Smith, of
Ridgfield, praying that their two brothers, Isaac Smith and
David Smith, of said Ridgefield, who are deaf and dumb, might
be enabled to pass away their estate by deeds, as occasion shall
be, with the assistance of the said Jonas and Thomas, who
understand the minds of said deaf and dumb by signs and
motions : Resolved by this Assembly, that all deeds made for
the passing and conveying any real estate l)elonging to said
Isaac and David, or either of them, being under their hand and
seal, shall be good and effectual to all intents and purposes,
according to the true intent and meaning of the parties to

1749.] OP CONNECTICUT. 467

such deeds as therein expressed : provided the said Jonas
Smith and Thomas Smith, and Mary the wife of said David,
do appear witli such of the said deaf and dumb who shall so
execute any such deed liefore some person having authority to
take acknowledgment of deeds, and declare under oath to such
person in authority that said deaf and dumb, so executing any
such deed or deeds, have been fully informed of the contents
thereof, and that he or they so executing such deed or deeds
do fully approve of the same taking effect ; the same being
certified by such person in authority on such deed or deeds,
and the said deeds recorded according to law.

Upon the memorial of Elizabeth Barstow, executrix to the
last will and testament of Jonathan Barstow late of Norwich,
deceased, praying this Assembly for liberty to sell so much of
the lands of the said deceased as to raise the sum of <£638 12s.
4:d. to pay debts, &c. : Resolved by this Assembly, that the
memorialist be, and she is hereby, authorized and fully im-
powered to sell so much of the land of the said deceased as to
raise the sum of £638 12s. 4t?. old tenour, with the incident
charges arising on such sale ; taking the direction of the court
of probate in the district of New London therein.

[512] Upon the memorial of the inhabitants of the third
parish in the town of Midletown in the county of Hartford, by
their agent Capt. John Fisk, sliewing to this Assembly that in
May last, Colo. John Bulkley, Colo. Jonathan Trumble and
Nathaniel Foot, Esqi's, were appointed a committee to repair to
said parish, view their circumstances and fix a place for them
to build a meeting-house on, and to report to this Assembly:
but, by means of sickness in the family of Colo. Bulkley, the
said committee have not been able to attend on that business,
so that their difficulty still remains ; and praying that the same
committee may be appointed to repair to their parish, view,
and report their opinion in the premises : Resolved by this
Assembly, that the same gentlemen abovenamed repair to said
parish, view their circumstances and affix a place for them to
build a meeting-house on, and report their opinion thereon to
this Assembly in their sessions in May next.

On the memorial of Benjamin Pain, Joseph Jennings, juni".,
and Sarah Pain, administrators on the estate of the late James
Pain, of Windham in the district of Windham, (deceased,)
praying liberty to make sale of lands of said deceased for the
payment of debts due from said estate to the amount of <£75
Os. 5d. old tenour, which is the ballance due from said estate
more than the moveable estate amounts to : Resolved by this
Assembly, that liberty be and is hereby granted to the memo-

468 PUBLIC RECORDS [October,

rialists to make sale of so much of the lands of said deceased
as will make the said sum of X75 Os. bd. old tenour with the
incident charges arising thereon, taking the advice and direc-
tion of the court of probate in said district.

On the petition of Jacob Phelps, of Windsor, z;s. John Palmer
jun"", of Windsor, respondent, as on file : Tlie question was put,
whether the pleas offered in abatement of said petition by the
respondent are sufficient: Resolved by this Assembly in the
affirmative. Cost allowed respondent is <£22 3s. Id. old tenour.
Ux. granted Nov. 21th, 1749.

This Assembly do establish and confirm Mr. Samuel Gilbert
jun"", to be Captain of the company or trainband in the parish
of Gilead, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Thomas Post
to be Lieutenant of the company or trainband in the parish
of Gilead, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Ichabod Phelps
to be Ensign of the company or trainband in the parish of
Gilead, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Christopher
Holmes to be Lieutenant of the company or trainband in the
parish of Hadlime, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Ephraim Fuller
to be Ensign of the company or trainband in the parish of
Hadlime, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Henry Glover
to be Captain of the first company or trainband in the town
of Newtown, and order that he be commissioned accordingly.

This Assembly do establish and confirm Nathaniel Brisco to
be Lieutenant of the first company or trainband in the town
of Newtown, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Bellows
to be Captain of the company or trainband in the town of Sal-
isbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Moore
to be Lieutenant of the company or trainband in the town of
Salisbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Thomas Austin
to be Ensign of the company or trainband in the town of Salis-
bury, and order that he be commissioned accordingly.

[513] This Assembly do establish and confirm Mr. John
Warner to be Ensign of the 5th company or trainband in

1749.] OP CONNECTI.CUT. 469

the 6th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Ebenezer Ben-
ton to be Lieutenant of the 9th company or trainband in the
7th regiment in this Colony, and order tliat he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Ezra Smith to
be Lieutenant of the 5th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Ephraim Kyes
to be Ensign of the 5th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Jonathan Palmer
to be Lieutenant of the 3d company in tiie town of Stoning-
town, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Reuben Green
to be Lieutenant of the westermost company or trainband in
the town of Greenwich, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Francis Fenton
to be Lieutenant of the 8th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Abner Barker
to be Ensign of the 8th company or trainband in the 5th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Zebadiah Holt
to be Ensign of the 6th company or trainband in the 5th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Samuel Talcott
to be Ensign of the 4th company or trainband in the 6th regi-
ment in this Colony, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Ephraim Kings-
bury to be Captain of the 3d company or trainband in the town
of Norwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Peck
to be Lieutenant of the 3d company or trainband in the town
of Norwich, and order that he be commissioned accordingly.

470 PUBLIC RECORDS [October,

This Assembly do establish and confirm Mr. Mathew Hide
to be Ensign of the 3d company or trainband in the town of
Norwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Smith to
be Captain of the south company or trainband in the town of
Colchester, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jonathan Kil-
bourn to be Lieutenant of the south company or trainband in
the town of Colchester, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. James Jones
to be Ensign of the south company or trainband in the town
of Colchester, and order that he be commissioned accordingly.

Tills Assembly do establish and confirm Mr. Humphrey
Davenport to be Captain of the 4th company or trainband in
the 5th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Silas Long to be
Lieutenant of the 4th company or trainband in the 5th regi-
ment in tliis Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Abner Fitch
to be Ensign of the 4th company or trainband in the 5th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Gideon Leet
to be Quarter-Master of the troop of horse in the 7th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

Tliis Assembly do establish and confirm Mr. Daniel Stephens
to be Ensign of the 12th company or trainband in the 7tli
regiment in this Colony, and order that he be commissioned
accordingly.

[514] This Assembly do establish and confirm Mr. Thomas
Grant to be Captain of the 3d company or trainband in the
town of Windsor, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Gideon Wolcott
to be Lieutenant of the 3d company or trainband in the town
of Windsor, and order tliat he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Diggins
to be Ensign of the 3d company or trainband in the town of
Windsor, and order that he be commissioned accordingly.

1749.] OF CONNECTICUT. 471

This Assembly do establish and confirm Mr. Philip Turner
to be Captain of the troop of horse in the 3d regiment in this
Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Richard Bush-
nell to be Cornet of the troop of horse in the 3d regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr.HezekiahEdger-
ton to be Quarter-Master of the troop of horse in the 3d regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

On the petition of Sarah Prentiss, of New London, the only
acting executrix of the last will and testament of Capt. John
Prentiss late of New London, deceased, vs. Thomas Andrus,
James Packer, &c., named in said petition on file, dated April
27th, 1749 : The question was put, whether anything should be
granted on the prayer of said petition : Resolved by this As-
sembly in the negative. Cost allowed i^espondeyits is <£23 19s.
\0d. old tenour. Execution granted January 18th, 1749-50.

Upon the memorial of James Macknall, of the town of Union
in Windham county, shewing to this Assembly that by the
providence of God he is become lame and rendered uncapable
of performing such labour for the support of himself and family
which otherwise he might ; praying this Assembly to enact
and order that for the future he may be freed from paying
any rate or tax to the country, town or parish, where he dwells,
for his poll, and from any obligation to put the same into any
general list for the purpose aforesaid: Resolved by this As-
sembly, that the said James Macknall be and he accordingly
is freed from paying any rate or tax for his poll and obligation
to put the same into any list for the aforesaid purpose.

The Governor and Company of his Majesty's English Colony
of Connecticut in New England in America, in this present
General Court assembled, do nominate, constitute and appoint,
Benjamin Avery, of London, Doctor of Law, to be Agent at
the Court of Great Britain for and in behalf, and in the name
of tlie said Governor and Company, to appear before his
Majesty, or any of his courts, ministers or judges in Great
Britain, there to manage, act and defend, in all and every
matter, cause or thing, wherein the said Governor and Com-
pany are or may be interested or concerned. And the said
Governor and Company, in General Court assembled as afore-
said, do order and enact that a proper instrument of procura-
tion, or letter of agency or attorney, be accordingly made out,
in the name of the said Governor and Company, under the
publick seal of this Colony, to the said Benjamin Avery

472 PUBLIC RECORDS [October,

accordingly, signed by the Governor and Secretary of this
Colony, which with a copy of this act shall be sent to the said
Agent as soon as may be.

Whereas this Assembly is informed of the death of Eliakim
Pahner, Esq"", our Agent, by a letter to the Honourable
Jonathan Law, Esqf, our Governor, dated May 28th, 1749,
from the executors of said Mr. Palmer, and thereupon have
made choice of Doctor Benjamin Avery to be our Agent in his
room : The Governor, Council and Representatives, in this
present General Court assembled, do hereby desire and order
the executors of Eliakim Palmer, Esq"", deceased, to deliver
all letters, acts of the Governor and Company directing said
Mr. Palmer in his agency, accounts of the expences in the
expeditions against Cape Breton and Canada, and all other
papers belonging to this Colony lodged with them, into the
hands of the said Doctor Benjamin Avery, who is also desired
to receive and improve them for us, and pursue such instruc-
tions as were directed to Mr. Palmer as our Agent, as though
they were directed to him, said Doctor Avery.

[515] This Assembly do establish and confirm Mr. Heze-
kiah Whittelsey to be Lieutenant of the 1st company or train-
band in the 7th regiment in this Colony, and order that he
be commissioned accordingly.

This Assembly do establish and confirm Mr. Ammi Trumble
jun"", to be Lieutenant of the north company or trainband on
tiie east side of Connecticut River in the township of Windsor,
and order that he be commissioned accordingly.

The Governor, Council and Representatives, in this present
General Court assembled, do nominate and appoint Benjamin
Avery, of the City of London, Doctor of Laws, Agent and
Attorney for the Governor and Company of this Colony, to
supplicate for and to receive all such sum and sums of money
as have been or may be granted or ordered by the Parliament
of Great Britain for a reimbursement of the charges and
expences of the said Colony, in the reduction of Cape Breton
aud garrisoning the city and fortresses of Louisbourg, and to
give proper receipts therefor in belialf of said Colony. And
it is hereby ordered and enacted, that a proper instrument of
procuration, or letter of attorney, be accordingly made out in
the name of the said Governor and Company, under the publick ,
seal and signed by the Governor and Secretary of this Colony,
fully impowering the said Doctor Benjamin Avery for the
purpose aforesaid.

Tiie Governor, Council and Representatives, in this present
General Court assembled, do nominate and appoint Benjamin

1749.] OP CONNECTICUT. 473

Avery, of the City of London, Doctor of Laws, Agent and
Attorney for the Governor and Company of this Colony, to
supplicate for and receive all such sum and sums of money as
may be granted or ordered for a reimbursement of the charges
and expences the said Colony hath been at in providing arms,
cloathing, victualling, transports &c., for the regiment raised
in this Colony to be improved in the expedition against
Canada, wliicli was done in obedience to his Majesty's com-
mand, signified by his Grace the Duke of Newcastle, by his
letter dated April 9th, anno Bom, 1746, and to give proper
receipts therefor in behalf of the said Colony. And it is
hereby ordered and enacted, that a proper instrument of
procuration, or letter of attorney, be accordingly made out, in
the name of the said Governor and Company, under the
publick seal and signed by the Governor and Secretary of this
Colon}^ fully impowering the said Doctor Benjamin Avery for
the purpose aforesaid.

This Assembly do establish and confirm Mr. Joseph Barnerd
to be Lieutenant of the company or trainband in the 3d society
in Windsor, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. George Gris-
would to be Ensign of the company or trainband in the 3d
society in Windsor, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Josiah Gris-
would to be Captain of the troop of horse in the 6tli regiment
in this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Elizur Talcott
to be Cornet of the troop of horse in the 6th regiment in this
Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Board-
man to be Quarter-Master of the troop of horse in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly being informed that there is some cask of
gunpowder belonging to this Colony lodged in the storehouse
of Mr. Punderson late of New Haven, deceased, which powder
is in danger of being lost : Resolved by this Assembly, that
Isaac Dickerman and John Hubbard, Esq""*, be a committee
to make sale of said powder to best advantage, and the money
arising thereby to deliver to the Treasurer of this Colony,
taking his receipt for the same, and said receipt lodge with
the Secretary of this Colony, and make report of their doings
thereon to this Assembly in May or October next.

474 PUBLIC RECORDS [October,

[5 1 6] An Act in Addition to an Act made and passed by this Assembly
in May last, entituled An>Act to call in, exchange and discharge, ihe
Bills of Credit "which have been issued by this Colony and are still
ovitstanding.

Whereas no persons are nominated and appointed in said
act to be a committee to sell the bills of exchange for the
sterling money, as mentioned in the third paragraph of said
act, neither are any persons nominated in said act to be a
committee to count, burn and consume to aslies, the bills of
credit of this Colony in manner and form as is therein provided,

Be it enacted by the G-ove7'nor, Council and Representatives,
in Greneral Court assembled, arid by the authority of the same,
That William Pitkin, John Chester and George Wyllys, Esqf^
or any two of them, be, and they are herel)y, appointed a
committee to malce sale of the bills of exchange drawn in
manner and form as in said act is provided.

And Jonathan Trumble, Thomas Welles and Joseph Pitkin,
Esq''^, be, and they are hereby, appointed a committee to
receive of the Treasurer, count, burn and consume to ashes,
the bills of credit of this Colony that shall be bro't in as by
said act is provided.

Be it f mother enacted, That the last named committee, before
their entrance on the said service, shall take the following
oath, (yiz:^ You A. B. and C. being by the Assembly of this
Colony appointed a committee to receive, count, burn and
consume to ashes, the bills of credit of this Colony, according
to an act to call in, exchange and discharge, the bills of
credit which have been issued by this Colony and are still
outstanding, do swear by the name of the Ever-living God,
that you will from time to time truly and faithfully receive the
said bills of credit of the Treasurer, count, burn and consume
the same to ashes, and render a true account to this Assembly
of the sum consumed by you, with all your proceedings
thereon, according to said act: So help you God.

Whereas this Assembly, at their sessions in May last, did
enact that all such allowances of sterling money that are
made by the Parliament of Great Britain towards reimbursing
the expences of this Colony in the late expedition to Cape
Breton, and such as may be made for the expences of this
Colony in the late intended expedition against Canada, should
be appropriated and improved for calling in and exchanging,
sinking and discharging, the outstanding bills of publick credit
made and issued by this Colony ; and by said act the Governor
of this Colony for the time was impowered to draw bills of
exchange on our Agent at Great Britain for the sterling
moneythat isor shall be paid into his hands for the allowances
made for the reimbursements aforementioned, as soon as

1749.] OF CONNECTICUT. 475

information shall be given that the same is paid at Great
Britain, or for such part thereof as shall be paid: And
whereas it is convenient that the Governor should be wholly-
saved harmless, and indemnified from all hazards, damages
and cost therein : Therefore,

It is resolved hy this Assembly^ That the Governor of this
Colony, forthe time being, who shall draw any bill or bills of
exchange according to and in pursuance of said act, and
according to the form in this resolve prescribed, shall be wholly
and fully saved harmless, and altogether indemnified ; and
this Assembly do hereby declare, that they will wholly and
fully save harmless and indemnify the Governor aforesaid,
from, and acquit and discharge him of all and all manner of
damages and costs that may happen or accrue to him on
account or by virtue of his drawing any such bill or bills of
exchange, or on account of their being protested or not
answered according to the tenour thereof.

And it is further Resolved, That the tenour of such bills be
as followeth, viz:

Exchange for XlOO Sterling.

At thirty days sight of this my first bill of exchange,

my second and third not being paid, pay to of ,

or his order, the sum of one hundred pounds sterling in
part, on account of the sterling money allowed the Colony
of Connecticut for reimbursing the expences of said
Colony in the expedition against Cape Breton, (value
received,) and charge the account of the said Colony, as
per advice from

Your humble servant,
For Doctor Benjamin Avery,
London.
[517] And in like manner for greater or lesser sums, and
for the allowances that may be made this Colony for the
expences in the late intended expedition against Canada ;
mutatis mutandis.

This Assembly being informed that the small arms &c.
belonging to this Colony, now in the store-house at the fort in
New London, lately taken from on board the sloop Defence,
belonging to said Colony, are in danger of being much hurt
or damaged by rust or otherways, if speedy care be not taken
of them : Whereupon this Assembly appoints Messrs. Jeremiah
Miller and Jeremiah Chapman jun^, a committee to take care
of, cleanse, or otherwise put in the best posture for the better
security of said arms &c. for the use of said Colony, and
report their doings thereon to this Assembly in May next.

476 PUBLIC RECORDS [October,

This Assembly do order and direct Nathaniel Stanly, Esq'',
Treasurer, to attend the General Assembly on Tluirsday the
2d day of November next, and brin"' with him a sufficiency of
bills of credit of this Colony to defray the charges of this
Assembly.

Resolved hy this Assembly, That the line dividing between
the Province of the Massachusetts Bay and this Colony shall •
be the north bounds or limits of the county of Hartford the
whole breadth thereof.

Resolved hy this Assembly, That the line dividing between
the Province of the Massachusets Bay and this Colony shall
be the north bounds or limits of the county of Windham the
whole breadth thereof.

On the petition of John "West, of Hartford, vs. James
Miles and Jehiel Tuttle, both of Wallingford, as on file : The
question was put, whether the prayer of said petition should,
be granted : Resolved by this Assembly in the negative.
Cost alloiv^d respondents £1Q lis. Id. oldtenour. Ex. granted
Nov. Sd, 1749.

On the petition of Stephen Howel jun"", of New Haven, vs.
John EHott, James Peckjun"", and Jonathan Atwater jun"", all
of New Haven, as on file: The question was put, whether the
petitioner should have a new tryal of his cause as prayed for :
Resolved by this Assembly in the negative. Cost alloived
respondents £ 18 lis. Sd. old tenour. Ex. granted Nov. 2>d, 1749.

On the petition of James Rogers, of New London town and
county, living in the Great Neck in said New London, son of
James Rogers late of said New London, deceased, who was
the son of Joseph Rogers late deceas'd, vs. Philip Tabor of
said New London : The question was put, whether the petitioner
should be allowed the liberty of another tryal in his said cause
&c., as prayed for in his said petition, as on file : Resolved
by this Assembly in the negative. Cost allowed respondent
<£20 OS. Qd. old tenour.

On the petition of Daniel Coit, of New London &c., vs.
Sarah Prentiss, of New London, as she is the only acting
executrix of the last will and testament of John Prentiss late
of New London, deceased, respondent, as on file : The question
was put, whether the petitioner should have a writ of scire
facias granted against the said executrix &c., as prayed for :
Resolved by this Assembly in the negative. Cost allowed
respondent <£20 Os. Qd. old tenour. Ex. granted January 31s^,
1749-50.

Upon the petition of Moses Bid well, of the town of Midletown,

1749.] OP CONNECTICUT. 477

shewing to this Assembly that upon the 1 2th day of August,
A. D. 1746, he borrowed of one Elisha Sayer, of said
Midletown, the sum of ninety pounds in old tenour bills of
publick credit, which sum, with the lawful interest thereof,
the said Bidwell was to pay to the said Elisha Sayer on or
before the first day of October, A. D. 1747, and in order to
secure the payment of the same by that time, the said Moses
Bidwell gave and executed to the said Sayer a good deed of
conv^eyance of six acres of his home lot in said Midletown,
which deed bears date the aforesaid 12th day of August, and
the same deed was then, by the express agreement of the
said Bidwell and Sayer, delivered into the hands of William
Rockwell, the town clerk of Midletown, with order not to
record said deed, but to hold the same, and if the said Bidwell
[518] did pay to the said Sayer the said || sum of ninety
pounds in said bills, with the lawful interest, on or before the
said first day of October, then the sai(i Rockwell should deliver
said deed to said Bidwell, and not record the same ; and
further shewing that he, the said Bidwell, before the said
first day of October, did tender to the said Sayer the sum of
ninety pounds and the lawful interest of the same, and that
said Sayer, contrary to liis agreement aforesaid, procured said
Rockwell to record said deed ; and thereupon praying for
relief: And thereupon it is resolved, and this Assembly do
resolve, order and decree, that upon the said Moses Bidwell's
delivering into the hands of the Secretalry of this Colony, for
the said Sayer, the sum of ninety-six pounds six shillings, on
or before the fifteenth day of November next, and then if the
said Elisha Sayer shall not, within six days after, make and
execute to the said Bidwell a good and authentick deed of
conveyance of the said six acres of land with the appurtenances
thereof, that then the said Sayer shall pay to the said Bidwell
the sum of six hundred pounds in said bills ; and that the
Secretary issue out execution accordingly for the levying and
collecting the same. Cost allowed the petitioner <£30 14s. 6d.
old tenour. Ex. granted for the said cost, Nov. 2d, 1749.

Resolved hy this Assembly, That Nathaniel Stanly, Esq^,
Treasurer of this Colony, pay out of the publick treasury to
Asahel Phelps, Benjamin Bissell and William Sumner, the
sum of eighteen pounds in bills of credit of the old tenour.

On the petition of Nathaniel Butt, of Canterljury in the
county of Windham, vs. James Campbell, of Yoluntown in
said county of Windham, as on file: The question was put,
whether the petitioner should have the liberty of another tryal
of his said cause as prayed for: Resolved by this Assembly in

478 PUBLIC RECORDS [October,

the negative. Oost allowed respondent is X25 12s. OcZ. old ten-
our. Ex. granted Nov. 2d, 1749.

This Assembly being informed there is a small tract of land
lying near the northeasterly corner of this government, be-
tween the towns of Stafford, Union and Ashford, called the
Content, not annexed to any of the said towns, said land lying
most convenient to be annexed to the towns of Union and
Ashford : Resolved by this Assembly, that the line dividing
the towns of Ashford and Union be extended westerly accord-
ing to the present course of said line until it intersect the
easterly line of the town of Stafford ; and that such part of
the said tract of land as shall be northerly of the said dividing
line between the towns of Ashford and Union so extended as
aforesaid, be annexed to the town of Union; and such part of
said tract as shall be southerly of the said' dividing line ex-
tended as aforesaid, be Q,nnexed to the town of Ashford ; and
the same is hereby annexed to the towns of Union and Ash-
ford as aforesaid.

This Assembly do appoint Mr. Charles Whittelsey Surveyor
of Lands for the county of New Haven.

This Assembly do establish and confirm Mr. Ephraim Pres-
ton to be Lieutenant of the first company or trainband in the
town of Wallingford, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Caleb Merriman
to be Ensign of the first company or trainband in the town of
Wallingford, and order that he be commissioned accordingly.

Upon the memorial of the inhabitants of the town of Wa-
terbury, sliewing to this Assembly that the said inhabitants, by
the providence of God, in the summer past have been greatly
distressed on the account of sickness, and praying for the
abatement of their country tax arising on their list in the year
1748: Resolved by this Assembly, to grant to the inhabitants
of said Waterbury their tax or rate made and raised on their
list computed and made in the year one thousand seven hun-
dred and forty-eight ; said inhabitants not to have the liberty
of drawing school-money out of the treasury for the year
aforesaid.

Upon the memorial of Thomas Manwaring, of Lyme, rep-
resenting to this Assembly that his brother, Capt. Peter Man-
waring, dyed about twenty-six years since, and left a widow
and three daughters ; that some time since one of the daugh-
[510] ters dyed leaving children; || that about three years
since the widow dyed and left one of the daughters of said

1749.] OF CONNECTICUT. 479

Peter, deceased, named Mary, and a child of hers had by for-
nication, since which said Mary had another child by fornica-
tion; that said Mary is so much wanting in lier reason and
understanding she is not capable to render any reasonal;le
account who are tlie fathers of said children, whereby the
mother and children are now the care and charge of the town
of New London for support and maintenance; that said Peter
dyed intestate, and left a mansion house and some lands in
said New London to his said children, which house is likely to
fall down and come to ruin unless speedy care be taken thereof;
that the other children have disposed of their interests in said
house and lands, and that said Mary is not of capacity to dis-
pose of her interest therein; whereupon the memorialist prays
this Assembly would grant liberty to the selectmen of said New
London to dispose of said Mary's part in said house and all
the lands left her by her said father, and improve the money
raised by the sale thereof to the support of said Mary and her
said children: Resolved by this Assembly, that the selectmen
of the said town of New London have liberty, and they are
hereby fully authorized and impowered, to make sale of the
house and all the lands of the said Mary left her by her said
father, Peter Manwaring, deceased, and to improve the money
raised by the sale thereof to the support and maintenance of
the said Mary and her said children.

Upon the report of Colo. Joseph Pitkin, Mr. Joseph Buck-
ingham and Mr. Jonathan Hale, a committee appointed by
this Assembly to view the circumstances of the town of Tor-
rington <fec., and affix and ascertain the place where the inhab-
itants of said town shall build a meeting-house for divine wor-
ship, and report to this Assembly, &c. : Resolved by this As-
sembly, that the place affixed by the said committee, {viz:') a
stake set up with stones laid about it within the south line of
a lot of land belonging to John Whiting, between sixty and
seventy rods northward of the place which was heretofore
affixed for a meeting-house, so as to include the said stake
within the sills of the said house, shall be the place where the
inhabitants of said town shall build their meeting-house for
divine worship; and they are hereby ordered to build their
said meeting-house at said place affixed as aforesaid.

Upon the memorial of sundry inhabitants' of Guilford, living
part in the bounds of the first society and part in the bounds
of the second society in said Guilford, shewing to this Assem-
bly that they live far from the place of publick worship in
either of said societies, and within the bounds in which tlie
said first and second societies have set for a winter parish :

480 PUBLIC RECORDS [October,

This Assembly grants to the memorialists liberty to hire an
orthodox minister to preach to them the three winter months
and March, yearly; and they shall be freed from a part of
their minister's rate in the respective parishes to which they
belong, in pro|)ortion to the time they shall so hire preaching
among themselves. And the said inhabitants, hiring preach-
ing as aforesaid, are fully impowered by their major vote to
lay a tax on all the inhabitants living within the bounds of
said winter parish, for the »tipport of such winter preaching,
and to chuse a suitable person to collect the same, who shall
have the like power as other collectors of rates are vested
with.

Upon the memorial of Daniel Tuttle, administrator on the
estate of El)enezer Mansfield late of New Haven, deceased,
praying liberty to sell so much of the real estate of said de-
ceased as shall enable him to pay the sum of .£84 4s. 9c^. old
tenour, due from said estate: Resolved by this Assembly, tliat
said administrator have liberty to make sale of so much of
the real estate of said deceased as shall enable him to pay said
sum of <£o4 4s. 9d. old tenour money with charges of the
sale; taking the advice and direction of the court of probate
in the district of New Haven therein.

Upon the report of the committee appointed to enquire into
the matters of difficulty subsisting in the second society in
Norwich : Resolved by this Assembly, that the inhabitants of
said society shall pay unto the Reverend Mr. Henry Wills,
[520] their minister, || for the whole of his salary from the
20th of December, A. Bom. 1745, to the 20th of December,
anvio Dom. 1748, the sum of two hundred fifty and five pounds
in bills of credit on this Colony of the new tenour, deducting
out of the same the sum of three hundred forty and seven
pounds eleven shillings and four pence old tenour, which shall
be allowed as credit to those persons, inhabitants of said soci-
ety, who have paid the same, in proportion to what each one
has paid, appearing by an account given in by the said Mr.
Wills to the said committee and now lying in the Secretary's
office, a copy of which attested by the Secretary shall be suffi-
cient evidence of such payments. It is also further resolved
by this Assembly, that upon the said Mr. Wills's resigning, at
or before the first of February next, his pastoral charge over
the church and people of that society, the iidiabitants of said
society shall })ay to the said Mr. Henry Wills the sum of eight
bundled pounds in old tenour bills of credit, for a comj)ensa-
tion of his temporal loss in resigning as aforesaid. And this
Assembly do recommend it to the said Mr. Wills, and to the

1749.] OP CONNECTICUT. 481

said society, mutually to call an ecclesiastical council for their
advice and direction in the said Mr. Wills's resigning as afore-
said, and for their approbation thereof if they judge it proper.
And this Assembly do order and direct the said society to
grant and collect a tax on themselves sufficient to pay the
aforesaid salaries and compensations in two equal payments,
the one in one year and the other in two years from this time;
and that in case they neglect to do the same, this Assembly,
being informed thereof, will take the matter into consideration
and tax the said society for the purpose aforesaid, unless suffi-
cient reasons be then shewn to the contrary. Always provided,
that in case the said Wills shall refuse or decline to resign as
aforesaid, on the terms aforesaid, he shall take no benefit by
this resolve or any part thereof, but the matters aforesaid are
and shall be left to be determined, if need be, by the rules of
the common law; any thing in this I'esolve contained notwith-
standing.

This Assembly do establish and confirm Mr. Isaac Hubbard
to be Captain of the 7th company or trainband in the town of
Windsor, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Benjamin Pin-
ney to be Lieutenant of the 7th company or trainband in the
town of Windsor, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Ebenezer Rus-
sell to be Ensign of the 7th company or trainband in the town
of VVindsor, and order that he be commissioned accordingly
Resolved hy this Assembly, That the draught of a letter
dated the 30th of October, 1749, prepared and laid before
this Assembly, in answer to two letters received from and
signed by Mr. Secretary Willard, by order and in the name of
the Great and General Court of the Province of the Massa-
chusets Bay, respecting the towns of Woodstock, Suffield, End-
field, and Summers, be signed by the Secretary of this Colony,
in the name of this Assembly, and be sent to Mr. Secretary
Willard aforesaid, to be communicated to the General Assembly
of the said Province.

This Assembly do establish and confirm Mr. Barnabas
Baldwin to be Captain of the company or trainband in the
parish of Amity, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Stephen Sand-
ford to be Lieutenant of the company or trainband in the

482 PUBLIC RECORDS [October,

parish of Amity, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Nathaniel
Sperry to be Ensign of the company or trainband in the parish
of Amity, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Read
to be Lieutenant of the company or trainband in Lyme new-
erected on the north side the line drawn between the 3d mil-
itary company in Lyme and said new erected company, and
order that he be commissioned accordingly.

[521] This Assembly do establish and confirm Mr. Elisha
Merwin to be Ensign of the company or trainband in Lyme
new erected on the north side the line drawn between the 3d
military company in said Lyme and said new erected company,
and order that he be commissioned accordingly.

Upon the memorial of the inhabitants of the town of
Goshen, shewing to this Assembly that the purchasers of the
township of Goshen, their heirs &c., have settled their re-
spective rights therein and fulfilled all the conditions on which
the same was granted to them, and praying that they may
have a patent of the said township, according to a draught
now lying before this Assembly: Resolved by this Assembly,
that the memorialists have a patent as prayed for, and that
his Honour the Governor and the Secretary sign and execute
the same unto the seal of this Colony.

On the petition of Joseph Chamberlain, of Coventry, vs.
Thomas Dyer, of Windham, respondent : The question was
put, whether any thing should be granted on the prayer there-
of: Resolved by this Assembly in the negative. Cost alloiv^d
respondent <£22 18s. Od. old tenour. Ex. g7-anted Nov. ''Id,
1749.

On the petition of John Dyer and Robert Green, of Canter-
bury, proprietors of the common and undivided land of the
town of Canterbury, and the rest of the proprietors of said
common and undivided land, vs. Charles Mudge, of Windham,
respondent: The question was put, whether the petitioner shall
have a new tryal of his case as prayed for, &c. : Resolved by
this Assembly in the negative. Cost allowed respondent is
.£18 16s. ?)d. old tenour. Ex. granted December Vlih, 1749.

On the petition of John Fitch, of Windham, vs. Deodate
Davenport, of New Haven, respondent: The question was
put, whether the prayer of said petition should be granted:
Resolved by this Assembly in the negative. Cost alloived re-
spondent X14 Vcid. Qd. old te^iour. Ex. grarited March 9th,
1749-50.

1749.] OF CONNECTICUT. 483

Upon the petition of Judali Hays, of the City and Province
of New York, against Benjamin King, of Woodberry in the
county of Fairfield, setting forth tliat the said Hays brought
his action by writ of attachment, dated the 24th day of
April, A. D. 1747, upon bond, against the said King, to the
county court held in Fairfield on the 3d Tuesday of November,
1747, at which court the said Hays withdrew his action and
the said court taxed costs the sum of twenty-six pounds nineteen
shillings and ten pence new tenour, and give judgment ac-
cordingly, and that twenty-five pounds six shillings and four
pence in an article of the confinement of the said King was
allowed in said bill and in said judgment, when he was not
under confinement at all; praying that the said judgment of
the county court might be set aside, as by the petition on file
appears : Resolved by this Assembly, that the allowing the
article of twenty-five pounds six shillings and four pence for
the confinement of said King in said costs is illegal, and the
said judgment be set aside, and the same is hereby set aside,
reversed and made null and void, and the said King have lib-
erty, at his own cost, to enter and get the remainder of said
cost, (yiz:^ thirty-three shillings and six pence new tenour
bills of credit of this Colony, allowed at the county court to
be held at Fairfield in and for the county of Fairfield on the
third Tuesday of November next.

Resolved by tJiis Assembly ^ That the fare of the great bridge
over Shoutuckett River at Norwich Landing Place shall be,
for each man, horse and load, one penny half-penny ; for each
person, three farthings, and for each horse, three farthings ; for
each ox, cow or other neat cattle, one half-penny ; for each
score of sheep, three pence, and for each score of swine,
three pence ; all in proclamation money, or an equivalent in
bills of credit.

Upon the petition of Deacon Isaac Dickerman &c.,of New
Haven, vs. Amos Sperry, of New Haven aforesaid, shewing
that in an action on the case brought by them against said
Sperry, demanding one hundred pounds money damages, for
forcibly destroying a bond &c., judgment was rendered against
them in favour of the said Sperry to recover his cost, at the
superior court held in New Haven on the last Tuesday of
August last, and complaining of the said judgment, and pray-
ing for another tryal of the said case, for reasons in their
[522] petition set forth : || Resolved by this Assembly, that
the petitioners shall have the liberty of another tryal of said
case at the superior court to be held in New Haven on the
last Tuesday of February next, and the same is hereby

484 PUBLIC RECORDS [October,

granted unto them ; and the whole of the cost shall follow the
judgment that shall be rendered in such other tryal.

Whereas upon the petition of James Rogers, of New London
in the county of New London, mariner, vs. Richard Durfey, of
said New London, this Assembly at their sessions in October,
A..Do7n. 1747, did appoint Colo. Hezekiah Huntington, Colo.
Gurdon Saltonstall, and Mr. Nathaniel Shaw, a committee to
hear and examine the accounts between the said parties, as
well respecting mariners' wages as other articles, and to make
report to this Assembly in May then next, what they should
find the just ballance of their accounts in favour of either
party : And whereas the said committee made their report in
the premises to the said Assembly in May then next, and
therein reported they found the just ballance of the aforesaid
accounts to be in favour of said Durfey the sum of nine pounds
sixteen shillings and ten pence old tenour, which report by
continuance comes to the sessions of this Assembly ; and the
parties having been fully heard for and against the acceptance
thereof: This Assembly do now accept and approve of the
said report; and thereupon it is resolved by this Assembly,
that the said Richard Durfey shall recover of the said James
Rogers the said sum of nine pounds sixteen shillings and ten
pence old tenour and his cost, allowed to be X67 5s. lid.,
money old tenour, and that the Secretary grant execution for
the same accordingly. Ux. granted November list, 1749.

Upon the petition of John Hart, Gideon Yeomans, Thomas
Andruss, Benjamin Fox, Joseph Benjamin, Nehemiah Stephens,
Solomon Hakes, Samuel Toad, Nathan Palmer, and Daniel
Collins as administrator on the estate of Daniel Polly, Roger
Billings as administrator on the estate of Jonathan Gibbins
deceased, James Packer, Michal Williams, and Samuel Carter
as administrator of the estate of Samuel Carter deceased, set-
ting forth that they obtained each one his several judgment
against Sarah Prentiss, executrix of the will of Capt. John
Prentiss, deceased, for the sum of forty-five pounds sixteen
shillings and one half-penny, before Samuel Lynde, Jeremiah
Miller, Cliristopher Avery and John Ledyard, commissioners
for that purpose appointed by this Assembly, and that they
having taken out executions thereon the same were returned
endorsed that the sheriff could find none of the estate of the
said John Prentiss, deceased, in the hands of the executrix,
nor would she shew him any estate whereon to levy the exe-
cutions ; praying this Assembly to authorize and impower the
said commissioners to grant to the petitioners writs of scire
facias upon said judgments against the said executrix : Re-

1749.] OP CONNECTICUT. 485

solved by this Assembly, that tlie petitioners may have each
his writ of scire facias upon his judgment as aforesaid, against
the said Sarah Prentiss, to shew reason, if any she hath, why
the said judgments should not be affirmed against her in her
proper single capacity. And this Assembly do hereby author-
ize and impower the said commissioners to grant and issue
out such writs of scire facias, returnable before them, and to
take cognizance of and judge and determine concerning the
same. And the like power is hereby given to the said com-
missioners concerning all the decrees and judgments that the
said commissioners shall or may give concerning the suit or
suits of any of the sailors and souldiers on board the Colony
sloop Defence in the expedition against Cape Breton, which
suits by their commission they ought to take cognizance of.

Upon the petition of Samuel Tyler, of Wallingford, against
Charles Dixon, of East Haddam, shewing that said Dixon
obtained a final judgment at the superior court held in Hart-
ford in September last, against him, in an action bro't by said
Dixon for enticing and improving Humphrey Negro in his
service about eight montlis, claimed by Dixon as his servant,
and that by some indirect and unfair measures of said Dixon
[623] he was defeated of a fair tryal, and also he || had dis-
covered and obtained further evidences of said Humphrey's
circumstances during that time ; praying for a reversal of said
final judgment and all the proceedings tliereon, and a new
tryal of said cause at the superior court to be held at Hart-
ford, first Tuesday of March next, and that all cost follow the
final judgment, as per his petition on file : Resolved by this
Assembly, that the said final judgment shall be and hereby is
reversed with all proceedings thereon, and that the petitioner
hereby hath liberty granted him of another tryal of said case
at the superior court to be held in Hartford on the first Tues-
day of March next, and that all cost shall follow the final
judgment therein ; and if the said Tyler shall obtain judgment
in his favour, the said superior court shall award for him what
he hath paid to said Dixon on the former judgment.

On the petition of Thomas Hurlburt, of Weathersfield, and
the rest named in said petition, vs. Samuel Hall, Esq^ of
Wallingford, as per petition on file, dated October 4th, 1749 :
The question was put, whether the prayer of said petition
should be granted : Resolved by this Assembly in the nega-
tive. Cost allowed resjjondent is £16 Qs. Sd. Ex. granted
Nov. M, 1749.^

On the petition of Josiah Frost, late of Willington now of
Windsor in the county of Hartford, vs. Thomas Dyer, of Wind-

486 PUBLIC RECORDS [October,

ham ill the county of Windham, on file, dated October 3d,
17-49 : The question was put, whether anything should be
granted on the prayer of said petition : Resolved by this As-
sembly in the negative.

Upon the petition of Jacob Drake juns of Windsor in the
county of Hartford, representing that he brought his action
against Nathaniel Mather, of said Windsor, to the county
court held at Hartford in November, 174(3, demanding damages
X35 O.s. Od. money, for entering into the plaintiff's possession
and carrying away two loads of wheat, <fec., which action had
its final tryal at tiie superior court held at said Hartford in
September, A. D. 1747, and that the defendant there ol)tained
judgment in said action, and that the petitioner has since the
said final tryal found other and new evidence and records that
might have been serviceable to him in the said cause, and
praying for liberty of another tryal in said action, &c. : Re-
solved by this Assembly, that the aforesaid judgment of the
superior court in September, A. D. 1747, be and the same is
hereby reversed and wholly set aside ; and liberty is hereby
granted to the petitioner to bring forward, enter and have
another tryal in said action at the superior court to be held at
Hartford in and for the county of Hartford on the first Tues-
day of March next ; and the whole cost shall follow the final
judgment that shall be given in said cause ; and if the peti-
tioner shall prevail in said tryal, the said superior court are
also directed to give judgment that the petitioner shall recover
all such damages as he had sustained by the aforesaid judg-
ment of the said superior court in September, A. D. 1747, and
the execution that hath issued thereon.

Upon the memorial of Major Jabez Hamlin, of Midletown,
shewing that in the year 1745, he was appointed one of
the committee to procure transports for the transportation of
his Majesty's troops raised in this Colony to Louisbourg : that,
in pursuance of such trust, he hired a certain sloop called the
Diamond, owned by Messrs. Thomas Goodwin, Ephraim Doane,
George Phillips and Ebenezer Sage, all of said Midletown,
and with them on the 30th of September, 1745, entered into
charter-party to that purpose, therein with said owners cove-
nanting and contracting to pay for and return said sloop,
&c., as in and by said instrument of chai-ter-party, before this
Assembly, dotli appear; that sometime in Noveml)er then next,
said sloop, with his Majesty's said troops &c , sailed for Louis-
bourg, and there soon after safely arrived and delivered said
[524] souldiers and stores ; || that being so arrived, said sloop
was, by special order and command of the chief officers of his

1749.] OF CONNECTICUT. 487

Majesty's squadron, there detained and iraployed in the service
of said squadron until the 9th of February then next, when
being from said service dismissed, said sloop immediately
sailed for the port of New London, and in her passage thither,
the season being generally hazardous, and the weather soon
after tempestuous, slie hath unquestionably foundered in tlie
sea, having never since returned or been heard of; that he,
said Hamlin, already hath been and still remains liable to
much trouble, cost and damage, and especially by suits at law,
as well past as at present depending ; and thereupon praying
the interposal of this Assembly for his safe-guard and indem-
nification in the premises : Resolved by this Assembly, that
the said Jabez Hamlin shall be refunded, and by the Governor
and Company of this Colony to all intents and purposes
secured, indemnified and saved harmless, touching his said
charter-party, and all and all manner of trouble, cost and
damage, which he hath already been necessarily exposed to, or
by occasion or in consequence of any suit or suits at law thereon
prosecuted or to be prosecuted, oi- otherwise he may suffer or
be liable to hereafter.

Upon the petition of Seth Wetmore, Mathew Talcott and
Philip Mortimer, all of and selectmen of the town of Midle-
town in the county of Hartford, shewing to this Assembly that
Nathaniel Bacon the 3d of said Midletown brought his action
of trespass against the petitioners, by his writ dated May the
2Gth, A. D. 1748, demanding of the petitioners the sum of
forty pounds damages for pulling down fence &c. ; which action
came to a final tryal before the superior court held at Hart-
ford in March last past, at which court the said Bacon recovered
judgment for the sum of ten shillings money damages with
<£2o 16s. 4d. new tenour bills for cost, and that execution on
said judgment hath since been granted out, and the same paid
and satisfied by the petitioners ; and thereupon praying for a
reversal of the said judgment and all the doings thereon, for
the reasons assigned in said petition, &c : And this Assembly
do thereupon resolve, that the aforesaid judgment of the
superior court be set aside, with all the doings thereon, and
that the petitioner be allowed another tryal of said cause
before the superior court to be held at Hartford in March next,
and that the future cost only follow the final judgment.

Upon the petition of James Douglass, of Cornwal, against
Thomas Norton, of Saybrook, representing that said Thomas
Norton' had, sometime in January, lT4f, given and executed
to the said Douglass a bond for the sum of sixty-two pounds
ten shillings lawful money, or equivalent in bills of credit, by

488 PUBLIC RECORDS [October,

which lawful money was intended coined silver at 6s 8c? per
ounce, which bond was afterwards, viz. sometime in November,
1748, delivered up to said Norton and cancelled by said Doug-
lass's attorney for the sum of three hundred pounds old tenour,
which was done by mistake, through misinformation of the
said Norton, said sum of three hundred pounds old tenour
not being the equivalent of said sum of X62 lO.s. Od. lawful
money as aforesaid ; praying that said Norton might be ordei-ed
to pay to him, the petitioner, the sum of £225 Os. Oc?. old
tenour, or so much as should be thought just and right, on
account of said bond : Resolved by this Assembly, that there
was justly due on account of said bond when delivered up as
aforesaid, the sum of seventy-eight pounds old tenour : Wliere-
upon this Assembly enact, order and decree, that said Thomas
Norton do pay to the said James Douglass the said sum of
seventy-eight pounds old tenour on account of said bond, in
full thereof, and that execution go forth accordingly. Ex.
granted Nov. Sc?, 1749.

[525] Upon the memorial of Stephen Jaron, shewing that
this Assembly, at their sessions in New Haven in October,
1746, granted to the memorialist and John Jaron the sole
privilege of making salt in this Colony for the space of four-
teen years then next ensuing, and that thereupon lie speedily
erected and set up salt-works in the town of Lyme for that
purpose at his very great expence ; and representing that he
finds by experience said affair is capable of great improvements,
had he money sufficient to carry on that business ; and there-
upon praying this Assembly further to encourage him, the
said Steplien Jaron, in the business aforesaid, by granting him
the sum of one thousand pounds old tenour on interest for
the space of two or three years, &c. : Resolved by this Assem-
bly, that the memorialist shall have the sum of one thousand
pounds in old tenour bills of credit on the Colony of Rhode
Island out of the treasury of this Colony, or in want of such
the sum to be made up with the bills of the neighbouring
governments, upon his giving bond with sufficient sureties to
the acceptance of Samuel Lynde, Esq'', and Capt. Jedadiah
Chapman, to the Governor and Company of this Colony, for
the repayment of the sum of one thousand pounds in bills of
credit on this Colony of the old tenour, or equivalent thereto
in new tenour bills of this Colony or in proclamation money, with
the lawful interest thereof, at or before the 1st day of October,
amio JJom. 1751 ; and the said Samuel Lyntle and Jedadiah
Chapman, on their having taken such bond, are impowered
and directed to draw an order on the Treasurer for the pay-

1749.] OP CONNECTICUT. 489

ment of the said thousand pounds, and shall lodge said bond
with the Secretary of this Colony.

Upon the memorial of Samuel Weed, of Derby, now in the
common goal in Hartford, praying to be released therefrom,
&c. : Resolved by this Assembly, that in case he, said Samuel
Weed, do and shall find sureties, (to the acceptance of the
sheriff of Hartford County,) who shall become bound to the
Governor and Company of this Colony in the penal sum of
fifty pounds proclamation money, defeazible only by his, said
Weed's, being and remaining of peaceable and good behaviour
towards all his Majesty's subjects during life, and his peaceable
surrendering himself up to tlie care and custody of said sheritf
whensoever thereunto required by this Assembly, and submit
himself to such orders as by this act shall be directed, such
bond to be taken by said sheriff and by him also committed
to the Secretary of this Colony, tlien in such case, he, said
Samuel Weed, may by the sheriff of the county of Hartford
be taken out of said goal, and by said sheriff be put to work
under the care of a master in the town of Hartford, to be
imployed in such labour as he is capable of, to the best
advantage for the support of said Weed ; and what said Weed
shall earn more than is necessary for his support shall inure
to said Weed's own profit, and by him be disposed of. And
it is further ordered and enacted, that if any person shall find
said Samuel Weed wandering out of the township of Hartford
aforesaid, it shall be the duty of any person or persons so
finding said Weed, and they are here!)y impowered, to appre-
hend said Weed and cause him forthwith to appear l)efore any
assistant or justice of the peace, who are also impowered and
ordered to give sentence against said Weed to be whipt ten
stripes on the naked body and then be conveyed to the com-
mon goal in said Hartford. And the person or persons so
appreliending said Weed and causing him to appear before
such authority shall have ten pounds old tenour for a re-
[52(3] ward || to be paid out of the publick treasury of tiiis
Colony by an order signed by the authority before whom said
Weed is so brought. And if said Weed's earnings shall not
be sufficient for liis support, the residue shall be paid out of
the Colony treasury by order of Hartford county court.

Upon the memorial of Amos Puller, of Lebanon in the
county of Windham, praying to be released from the common
goal in said county, where he is now confined, &c. : Resolved
by this Assembly, that if the said Amos Fuller do and shall
well and truly pay into the publick treasury of tliis Colony
the full amount of the cost of his prosecution taxed against
62

490 PUBLIC RECORDS [October,

him on the records of the superior court, and also pay the
cost of the goaler, and do also find sureties, to the acceptance
of the sheriff of said county, wlio shall become bound to the
Governor and Company of this Colony in a penal sum of five
hundred pounds old tenour, conditioned that he, the said
Amos, be and remain of peaceable and good beliaviour towards
all his Majesty's subjects during life, and that he shall peace-
ably surrender himself up to the care and custody of said
sheriff whensoever thereto required by this Assembly, that
then he, said Amos Puller, shall have liberty to depart from
said goal unto the said town of Lebanon, there to remain
within the limits of said town until tbis Assembly shall remand
him back to said goal, or otherwise order concerning him
said Amos ; the said bond to be by the sheriff lodged with the
Secretary of this Colony.

Upon the memorial of Aaron Wilcox, of Hebron in the
county of Hartford, now in the common goal in said county,
praying to be released from said goal, &c. : Resolved by this
Assembly, that if he, the said Wilcox, do and shall well and
truly pay unto the Treasurer of this Colony the full amount
of the cost of his prosecution taxed by the superior court, and
also the cost of the goaler, and do also find sureties, to the
acceptance of the sheriff of said county, who shall become
bound to the Governor and Company of this Colony in a penal
sum of five hundred pounds in bills of credit old tenour or in
lawful silver money thereto equivalent, in a bond defeazible
only by his, said Wilcox's, being and remaining of peaceable
and good behaviour towards all his Majesty's subjects during
life, and his peaceable surrendering himself up to the care
and custody of said sheriff whensoever thereto required by this
Assembly, (such bond being to be by said sheriff taken and
delivered to the hands and care of the Secretary of this
Colony,) then and in such case, he, the said Aaron Wilcox,
shall be at liberty to depart from said goal unto the said town
of Hebron, there quietly to remain within the limits of said
town in the free prosecution and discharge of all the lawful
business and occasions of life, until this Assembly shall order
otherwise, or remand him back to said goal.

Upon the memorial of Solomon Coit, of New London,
representing to this Assembly that in May last a committee
was appointed by the General Assembly to inspect said Coit's
accompts with the New London Society &c., and that said
committee have not had time thoroughly to inspect said
accompts ; praying that their power may be continued till
May next : Resolved by this Assembly, that the power of the

1749.]

OF CONNECTICUT.

491

aforementioned committee be, and it is hereby, continued
until the sessions of the General Assembly in May next.

[527] The Sums Total of the Lists of the Polls and rateable Estate of

the several Towns in this Colony hereafter mentioned, sent in

to this Assembly, are as follow, (viz :

Hartford,

39088

New Haven,

52880

Fairfield,

47018

New London,

31182

Norwich,

51375

Windham,

22656

Stonington,

31583

Guilford,

33415

Woodberry,

28561

Newtown,

12078

Mansfield,

14797

Canterbury,

13115

Lyme,

24087

Groton,

22074

Danbury,

15789

Symsbury,

18023

Litchfield,

10665

East Haddam,

18874

Killingworth,

16697

Preston,

16602

Ridgefield,

10069

Lebanon,

34827

Haddam,

11000

Stratford,

34813

Glassenbury,

12745

Norwalk,

32561

Pomfrett,

15346

Wallingford,

38241

Waterbury,

15674

Durham,

11178

New Milford,

12268

Ashford,

10304

Tolland,

8888

Hebron,

12128

Windsor,

37418

Killingiy,

19287

Bolton,

7219

Coventry,

15367

Brand ford,

21825

Voluntown,

9184

Farmington,

37597

Milford,

27667

Colchester,

21761

Greenwich,

18611

Stand ford.

28296

Saybrook,

20892

Woodstock,

13878

Weathersfield,

27641

Derby,

10987

Midletown,

46068

Plainfield,

13000

Whereas the listers of the town of Stratford have sent in to
this Court an account of the single additions made to the
list of said town in the year 1748, which additions amount to
the sum of <£3127 10s. Od. and were omitted to be added in
the proper season : and the listers of the town of Glassenbury
have in like manner sent an account of such additions made
to the list of tlie same year, which additions amount to the sum
of X424 13s. Od. which were omitted as aforesaid: Resolved
by this Assembly, that the aforesaid sums be respectively
added unto the lists of said towns as though sent in to
this Court in May last, as additions. And the Secretary is
directed to send to the Treasurer of this Colony a copy of
this resolve, who is hereby directed to demand and collect
the tax of said towns accordingly.

492 PUBLIC RECORDS [October,

Upon the humble request of Lieutenant-Colonel Samuel
Talcott : Resolved by this Assembly, that he shall be allowed
to have four hundred pounds sterling money of Great Britain
out of the money allowed to this government for the expences
in the expedition to Cape Breton and for the expences in the
expedition designed against Canada: provided the said
Samuel Talcott, with a sufficient surety to the acceptance of
William Pitkin, John Chester and George Wyllys, Bsq«"%
give bond for the payment of eight hundred pounds sterling
[528] money aforesaid to the Governor and Company of this
Colony, conditioned for the payment of four hundred pounds
like money at or before the first day of October, 1751, with
lawful interest thereof, or to pay equivalent thereto at the time
of payment (viz:') the one half in bills of credit on this
Colony and the other half in good silver money in specie, and
also a bond of the like sum conditioned that if such bill as
shall be drawn in his favour for said sum shall be protested or
not paid, that he, his heirs, executors nor assigns, shall make
no demand of any person nor of this Colony for damage o r
cost but shall return such bill and take up his bond again,
which being returned unpaid as aforesaid shall be acce]jted
for and in exchange of said bonds. And the said William
Pitkin, John Chester, and George Wyllys, Esqi'S on their
having taken bonds as aforesaid, are directed to certify the
same to his Honour the Governor, who thereupon is impow-
ered and desired to draw a bill of exchange on our Agent at
Great Britain in favour of the said Samuel Talcott for the
payment of the said sum of four hundred pounds sterling
aforesaid, out of the money aforesaid.

Whereas this Assembly have impowered and desired his
Honour the Governor of tliis Colony to draw a bill of exchange
on our Agent at Great Britain, in favour of Lt. Colo. Samuel
Talcott, for the payment of four hundred pounds sterling out
of the money allowed to this government for the expences in
the expedition to Cape Breton and for the expences in the
expedition designed against Canada: Tliereupon it is resolved
by this Assemuly, that his Honour the Governor shall be
altogether saved harmless and indemnified; and this Assem-
bly do hereby declare, that they will wholly save harmless
and indemnify his Honour the Governor of this Colony from
all and all manner of damages, costs and expence, that may any
way come, accrue, arise or happen, on account of his drawing
said bill or the non-payment or protesting the same.

Upon the memorial of the President and Fellows of Yale
College in New Haven, representing that the money already

1749.] OP CONNECTICUT. 493

raised for the building a college house is not sufficient for
that purpose, and praying for a grant from this Assembly of
a sum of money to enable them to cany on and finish the said
building: Ordered by this Assembly, that Guidon Saltonstall,
Esqf, pay unto the said president and fellows, or their order,
the sum of four thousand pounds in bills of credit old tenour,
being part of what is due from him to the Uovernor and
Company of this Colony on a bond of five thousand and
ninety-six pounds seven shillings and nine pence, and their
receipt shall be his discharge for such part ; which said sum
when received by the said president and fellows shall be by
them improved for the carrying on and finishing the building
aforesaid.

Whereas this Assembly in Octol)er, 1747, directed Colo.
Samuel Talcott to deliver to Nathaniel Stanly, Esq"", the arms
and accoutrements belonging to his company raised for the
intended expedition against Canada; and whereas many of
said arms and accoutrements are lodged at New Haven, and
cannot be carried to Hartford without great charge and
inconveniency : Therefore, it is resolved by tiiis Assembly,
that the said Colo. Talcott may deliver such of the said arms
and accoutrements as are at New Haven to Mr. Aaron Day
of New Haven, taking his receipt therefor, and the same shall
be accepted as if delivered to the said Natii'. Stanly, Esq"" :
and the said receipt to be lodged with the Secretary of this
Colony.

[529] Upon the memorial of Simon Tracy, Daniel Lothrop,
Jabez Huntington, and others, inhabitants of the first society
in Norwich, shewing that this Assembly at their sessions in
May, A. D. 1748, upon the request of said society, appointed
a committee to state a place for a meeting-house in said society ;
and complaining that said committee were not fully informed
of nor acquainted with the true state of said society, and
therefore were led to affix a place that is in no measure just
and reasonable for said society to proceed to build upon, it not
being in the center of the inhal)itants' travel, interest, &c., and
on a bad spot, inconvenient to travel to and from, &c. ; and
praying for a new committee <fec. : Resolved by this Assembly,
that Colo. Elizur Goodrich and Mr. Hezekiah May, of Weath-
ersfield, and Mr. Nathaniel Holbrook, of Lebanon, be and they
are hereby appointed a committee to repair to the first society
in said Norwich, view the circumstances of said society, hear
all parties, and thereon to affix a place for said society to build
a meeting-house for publick worship in said society upon, and
make report to this Assembly at their sessions in May next.

494 PUBLIC RECORDS [October,

Upon the report of Jonathan Trumble, Esq"", Mr. Jonathan
Hnntington and Colo. John Dyer, a committee appointed by
the General Assembly of this Colony at their sessions at
Hartford in May last, to repair to Stoningtown to examine and
enquire of the matters set forth and complained of in a
memorial of Mary Momohor, Simon Sokiet and others, Indian
natives, of the tribe of Momolior late sachem of the Pequots,
&c. : Resolved by this Assembly, that Messrs. Isaac Hunting-
ton and Ebenezer Backus, of Norwich, be a committee, and
they are hereby authorized and impowered, to inspect the
affairs of said Indians, and see that they have the liberty of
such improvements on the lands in said Stoningtown secured
to them by Isaac Wheeler of said Stoningtown in a deed
bearing date the 24th day of May, 1683, according to the true
intent and meaning thereof; and if at any time said Indians
shall be trespassed upon, or disturbed and hindered in their
improvements, that then said committee are hereby directed to
lay the true state of the matter before this General Assembly.

Upon the memorial of Daniel Williams, Jonah Williams,
William Williams, Abraham Williams, and James Lawhead,
praying to have the sole liberty of fisliing where they have
erected a stage for that purpose on the west side of Connecticut
River, about eighty rods above a point of land that runs down
in the said river in Hartford in the long meadow, from the
place where said stage is built, &c. : Resolved by this Assembly,
that the memorialists, and such other their associates as they
shall admit with them, shall have the sole liberty of fishing in
the said river on the western side tiiereof, at the aforesaid
place and along by the said point of land, for the space of five
years next coming : provided that they agree with the owners
of the lands upon which they shall draw their nets, and do
not trespass on any man's property by such their fishing ; and
if any other person or persons shall presume to fish or draw
any net or seine for that purpose, to the hindrance and dis-
turbance of the memorialists or any of them, at any place
within one hundred rods below or forty rods above the place
where said stage is built, within the term aforesaid, they shall
be liable to pay to the memorialists all such damages as they
or either of them shall sustain thereby, to be recovered by
action of trespass.

Upon the memorial of Mary Kilbourn, administratrix on
the estate of Samuel Kilbourn late of Litchfield, deceased,
[530] representing to this Assembly that the debts due || from
the estate of said deceased surmount the moveable estate the
sum of £114. 19s. ^d., praying this Assembly would grant the

1749.] OP CONNECTICUT. 495

memorialist liberty to sell so much of the real estate of the
deceased as will satisfy the said sum of £774 19s. 9d. old
tenour with the incident charges arising on the sale thereof:
Resolved by this Assembly, that the said memorialist have
liberty, and sbe is hereby fully authorized and impowered, to
sell so much of the real estate of the said deceased as will
amount to the sum of_ <£774 19s. 9d. old tenour with the
incident charges arising on the sale thereof; taking the direc-
tion of the court of probate in the district of Litchfield therein.

Upon the memorial of Colo. John Bulkley, <fec., praying a
ferry to be stated at the ware-houses in East Haddam, across
Connecticut River, and that Joseph Bate and Richard Mather
should be allowed to attend the ferry there : Resolved by this
Assembly, that the said Joseph Bate and Richard Mather have
liberty to keep a ferry across said river at said place, until
this Assembly order otherwise ; and that the fare for man and
horse be three pence proclamation money ; one penny half-
penny for a single person ; for a single horse one penny half-
penny ; and two pence for an ox or cow ; and for a score of
sheep or swine, six pence, and so piv rato for a greater or less
number.

Upon the memorial of Ezekiel Thompson, administrator on
the estate of Joseph Hickcox late of Windsor, deceased,
representing that the debts due from said estate amount to
the sum of £127 10s. od. more than the personal or moveable
estate of said deceased in his hands, and tbat he hath no
assets to pay the same ; praying for liberty to make sale of
real estate, &c. : Resolved by this Assembly, that the said
administrator have liberty, and he is hereby enabled and
directed, to make sale of so much of the real estate of said
deceased as shall be sufficient to pay the aforesaid sum of
X127 10s. od. in money of the old tenour, with the incident
charges of said sale ; taking the advice of the court of probates
for the district of Hartford therein.

Upon the memorial of Deliverance Daten, administratrix
on the estate of Ephraim Daten late of New London, de-
ceased, representing to this Assembly that the debts due from
the estate of said deceased surmount the moveable estate the
sum of £102 ; praying this Assembly would grant to the
memorialist, or some other meet person, liberty to sell so
much of the real estate of said deceased as will satisfy the sum
of X102 Os, OcZ: Resolved by this Assembly, that the memor-
ialist and Jeremiah Chapman jun"", of said New London, have
liberty, and they are hereby fully authorized and impowered;
to sell so much of the real estate of the said deceased as will

496 PUBLIC RECORDS [October,

amount to the sum of .£102 Os. Od. old tenour, with the inci-
dent charges arising on the sale thereof; taking the direction
of the court of probate for the district of New London in the
sale thereof.

Upon the memorial of Benjamin Pardee and Noah Pardee,
ferrymen of the ferry over the East River in New Haven,
praying to have the fare of said ferry raised.

Resolved hy this Assembly, That the fare of said ferry for
the future shall be, for man, horse and load, one shilling ; each
single horse, ten pence ; each foot man, eight pence ; all old
tenour. Always provided, that this act extended not to inter-
rupt any agreement l)etween the town of New Haven and the
ferry-men of said ferry.

Cost allowed John Dixson, late of Voluntown now of Kill-
ingly, one of the proprietors of the common and undivided
lands of Voluntown and agent for said proprietors, and Ebene-
zer Dow of Voluntown, one of said proprietors and clerk of said
proprietors, and the rest of said proprietors, vs. Zachariah
Frink of said Voluntown, for attendance &c., to answer his
petition which was withdrawn at this Court, is £21 16s. 9c?.
money old tenour. Ex. granted March Vltli, 1749-50.

[531] Upon the memorial of James Mumford, of Fisher's
Island in the Province of New York, administi^ator on the
estate of Joseph Christophers, late of New London in the
county of New London and Colony of Connecticut, deceased,
representing that the debts due from said estate surmount the
personal estate the sum of .£357 8.s. 8c^., and praying that
this Assembly would enable him, or some other meet person,
to sell so much of the real estate of the deceased as to pay
and discharge the debts aforesaid with the incident charges
arising on the sale tliereof : Resolved by this Assembly, that
James Mumford, of Fishers Island aforesaid, be, and he is
hereby, authorized to sell so much of the real estate of said
Joseph Christophers, deceased, as to enable him to pay the
sum aforesaid of .£357 8.s. 8c?. with the necessary charges
arising on the sale of said lands ; taking the direction of the
court of probate in the district of New London.

Upon the memorial of Edward Allen, of Milford, praying
this Assemldy to grant him liberty to have the use of six
swivel-guns (that are now in the custody of Capt. Titus
Hurlburt, at New London,) to arm a vessel that he is about
to send to the Bay of Honduras, &c. : Resolved by this As-
sembly, that the said Edward Allen may have the use of said
guns for the' voyage aioresaid, upon his giving security to
the Governor and Company for the return of said guns

1749.] OP CONNECTICUT. 497

in a reasonable time, in as good order as he receives them.
And this Assembly appoints Jeremiah Miller, Esq'', to deliver
said gmis and take security as aforesaid ; and all to be done
at the charge of the memorialist, and said security to be
lodged with the Secretary of this Colony.

Information being made to this Asseml)ly that Jedadiah
Dudley of Saybrook, one of the collectors appointed by his
Honour the Governor for collecting the duties laid on lumber
exported to the neighbouring Colonies, by an act of Assembly
in May, 1747, and also on goods imported into this Colony
from the neighbouring governments, that said Dudley hath
been unfaithful in collecting said duties, and hath imbezzelled
the moneys in part so collected : Resolved by this Assembly,
that Samuel Lynde, Jedadiah Chapman and Aml»rose Whit-
telsey, Esq^s^ all of said Saybrook, or any two of them, be a
committee to demand an account of said Dudley, what sums
he hath received aiid what securities he hath taken for such
duties, and to receive the same of him to be deposited with
the Treasurer according to tlie directions of said acts, and to
make report of what they find respecting his doings in said
office ; and that said Dudley be and hereby is inhibited, and
required to act no further in said office until the first of June
next, and that he be notified hereof by said conuuittee forth-
with, and that he conform thereunto accordingly.

Whereas Samuel Scott jun"" and Jacob Blakesley, constables
of Waterbury, exhibited to this Assembly three several ac-
counts, shewing that service hath been done by them for the
government in pursuing Samuel Weed and seizing Benjamin
Barns that was suspected to counterfeit the bills of credit of
this Colony : Resolved by this Assembly, that the Treasurer
of this Colony pay, and he is hereby ordered to pay the said
Samuel Scott the sum of <£26 10s. Od., and to the said Jacob
Blaksley the sum of £6 Os. Od. old tenour bills.

Resolved by this Assembly., That all the petitions and me-
morials wherein there are parties concerned, lying on file
before this Court, that have not yet been heard and determin-
ed, shall be referred to the sessions of this Assembly in May
next.

[532] Resolved by this Assembly., That an act passed by
this Assembly in the seventh year of Queen Anne, eutituled
An Act in approbation of the agreement of the reverend elders
and messengers of all the churches in this government., made
and concluded at Saybrook., 1708, also an act passed in the
thirteenth year of the reign of King George the first, entituled

498 PUBLIC RECORDS [October,

Ail Act for providing how taxes levyed on professors of the
church of England for the support of the gospel shall he dis-
posed of\ and for exempting said jjrofessors from paying any
taxes for the building meetivig-houses for the present established
churches of this government, also a)i act passed in tlie second
year of King George the second, entituled An Act in addition
to and for the alteration of an act made in the seventh year of
the reig7i of Queen Anne, entituled An Act for the ease of such
as soberly disseiit from the ■way of tvorship and ministry estab-
lished by the laws of this government, and also an act passed
in the third year of the reign of King George the second,
entituled An Act concerning the people called Baptists, be all,
with their several titles and dates, printed with the new
revised laws of this Colony.

This Asseml)ly grants to the Honourable Jonatlian Law,
Esq"", Governor, for his half-year's salary the current year, the
sum of one hundred and thirty pounds in new tenour bills.

Tlris Assembly grants to the Honourable Roger Wolcott,
Esq'', Deputy Governor, for his half-year's salary the current
year, tlie sum of sixty-five pounds in new tenour bills.

This Assembly grants unto the Hon^'e. Jonathan Law,
Esqr, Governor, in addition to his half-year's salary, the sum
of fifteen pounds new tenour bills of publick credit.

This Assembly grants unto the Hon''ie. Jonathan Law,
Esq"", Governor, the sum of ten pounds old tenour, for what he
hath paid for the use of the government.

This Assembly grants unto George Wyllys, Esq'", Secretary,
the sum of ten pounds new tenour bills, for his last year's ,
salary.

This Assembly grants unto Mr. Timothy Green, printer,
the sum of two hundred pounds old tenour, in part of pay
towards his printing the laws, &c., and that an order be drawn
to pay the same out of the Colony treasury.

This Asseml)ly grants unto Mr. Timothy Green, printer,
the sum of thirty-five pounds new tenour bills of credit, for his
salary the last year.

This Assembly do appoint William Pitkin, Esq'", John
Chester, Esq^, Colo. Thomas Welles, Colo. Joseph Pitkin,
and Mr. Joseph Talcott, a committee to attend his Honour
the Deputy Governour, to hear the records of the acts and
doings of this Assembly read off, and see them signed by the
Secretary as perfect and com pleat.

[The record of the resolve concerning the fore of the bridge over Slietucket
River, printed on jiiige 483, is here repeated iisclem verhi.s.]

1750.] OF CONNECTICUT. 499

The wliole record of the Acts, Grants and Orders of this
Assembly, as it stands entered on the pages of this 1:)ook
next preceding, was read off in the presence of the major
part of the committee abovenamed, and signed as compleat.

George Wtllys, Secret'y.

[End op Volume VII.]

[Volume VlII, Page 1.]

Anno Regni Regis Creorgii secundi vigessimo-tertio.
At a General Assembly holden at Hartford in his Maj-
esty's English Colony of Connecticut in New England
IN America, on the second Thursday of May, (being

THE 10th day of said MONTH,) AND CONTINUED BY SEVERAL
ADJOURNMENTS UNTIL THE olST DAY OF THE SAME MONTH,

ANNOQUE Domini 1750.

Present :

The Honourable Jonathan Law, Esq"", Governor.

The HonL>'« Roger Wolcott, Esq"", Deputy Governor.
James Wadsworth, Jonathan Trumble,
Samuel Lynde, Hezekiah Huntington,
William Pitkin, John Bulkley, I j. Assistants

Thomas Fitch, Andrew Burr, ^^^^ , JLssistants.

Roger Newton, John Chester,
Ebenezer Silliman, Gurdon Saltonstall,
Representatives or Deputies that attended at this Assembly are

as follow^ (viz:)
Colo. Joseph Pitkin, Mr. Joseph Buckingham, for Hartford.
Capt. Stephen Lee, Mr. William Manwaring, for New London.
Mr. Jonathan Huntington, Colo. Jabez Huntington, for Wind-
ham.
Capt. John Fowler, Capt. Joseph Treat, for Milford.
Capt. John Mead, Mr. Gershom Lockwood, for Greenwich.
Mr. Stephen Hopkins, Capt. Samuel Heacock, for Waterbury.
Colo. Elizur Goodrich, Capt. Jonathan Belden, for Weathers-
field.
Capt. Andrew Ward, Mr. Sam'. Robinson, for Guilford.
Capt. Charles Bulkley, Mr. Jon*'' Kilborn, for Colchester.
Mr. Thomas Jones, for Endfield.

Major John Russell, Mr. Jon^h. Russell, for Brandford.
Capt. William Buel, Capt. Samuel Gilbert, for Hebron.
Mr. Zebulon West, Mr. John Lothrop, for Tolland.

500 PUBLIC RECORDS [May,

Capt. Isaac Dickerman, Capt. Samuel Sherman, for New
Haven.

Capt. John Read, Mr. David Rowland, for Fairfield.

Mr. Ebenezer Backus, Mr. Jabez Huntington, for Norwich.

Capt. John Glover, Mr. Calel) Baldwin, for Newtown.

Capt. Theophilus Nickols, Mr. Elnathan Wheeler, for Strat-
ford.

Mr. Silas Long, Mr. Samuel Rust, for Coventry.

Mr. Peter Aspinwall, Mr. William Johnson, for Mansfield.

Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury.

Mr. Jacob Dresser, Mr. Joseph Leavinze, for Killingly.

Major Phinehas Lyman, Mr. Asaph Leavit, for Suffield.

Major Ebenezer Marsh, Capt. Thos. Harrison, for Litchfield.

Colo. Benjamin Hall, Capt. Samuel Hall, for Wallingford.

Mr. Thomas Benedict, Capt. John Benedict, for Danbury.

[2] Mr. Noah Hinman, Mr. Samuel Minor, for Woodberry.

Capt. Elnathan Stephens, Capt. Isaac Kelsey, for Killing-
worth.

Mr. Henry Bowen, Colo. Thomas Chandler, for Woodstock.

Mr. Joseph Denison, Capt. Amos Cheesbrough, for Stoning-
town.

Mr. James Bicknal, Mr. Benjamin Walker, for Ashford.

Colo. John Dyer, Mr. Solomon Tracy, for Canterbury.

Mr. John Creary, Mr. Benjamin Wheeler, for Plainfield.

Colo. Christoplier Avery, Mr. Luke Perkins, for Groton.

Mr. Samuel Fitch, Mr. Joseph Piatt, for Norwalk.

Mr. John Warner, Mr. Bushnel Bostwick, for New Milford.

Capt. John Lumm, Mr. Isaac Thomlinson, for Derby.

Mr. John Humpln-ey, Mr. An<lrew Robey, for Symsbury.

Mr. Ambrose Whittelsey, Caj)t. Jedadiah Chapman, for Say-
brook.

Mr. Hezekiah Brainerd, for Haddam.

Mr. Samuel Morgan, Major Samuel Coit, for Preston.

Colo. Jonathan Hoit. Mr. Abraham Davenport, for Stanford.

Mr. John Hooker, Mr. William Wadsworth j'"., for Faiming-
ton.

Mr. Mathew Rockwell, Major Henry Allyn, for Windsor.

Mr. El)enezer Holbrook, Major Joseph IloUand, for Pomfrett.

Mr. Ebenezer West, Major Josej)!! Fowler, for Lebanon.

Mr. Samuel Olmstead, Mr. Ste])hen Smith, for Ridgfield.

Capt. Thomas Gates, for Bast Haddam.

Capt. Robert Dixson, Mr. John Smith, for Voluntown.

Mr. Daniel Ely, Mr. John Lay, for Lyme.

Major Elihu Chauncey^ Mr. James Wadsworth, j'., for Dur-
ham.

1750.] OP CONNECTICUT. 501

Major Jabez Hamlin, Mi*. Setb Wetmore, for Midletown.
Colo. Thomas Welles, Speaker, i of the House of Rep-
Capt. John Fowler, Clerk, \ resentatives.

This day being appointed by the royal charter and the laws
of this Colony for the election of the publick officers of the
Colony, viz : Governor, Deputy Governor, Assistants, Treas-
urer, and Secretary, — proclamation was made, and the votes
of the freemen were given in to persons appointed by the Gov-
ernor, Council and Representatives, to receive, sort and count
them, and to declare the choice of said officers ; which
persons so appointed were, Samuel Lynde, Esq'", William
Pitkin, Esq'', Thomas Fitch, Esq'', Hezekiah Huntington,
Esq"", John Bulkley, Esq'', Andrew Burr, Esq^, John Chester,
Esq"", Gurdon Saltonstall, Esq"", Colo. Elizur Goodrich, Mr.
Joseph Buckingham, Major John Russell, Capt. Samuel
Sherman, Mr. Ebenezer Backus, Colo. Christopher Avery, Colo.
Jonathan Hoit, Mr. David Rowland, Colo. Jabez Huntington,
and Major Joseph Fowler, (who were all sworn to a faithful
discharge of that trust.) And the votes of the freemen being-
sorted and counted, the said persons, appointed and sworn as
aforesaid, declared, and caused it to be proclaimed before the
Assembly, that

[3] The Honourable Jonathan Law, Esq', is chosen Gov-
ernor of this Colony for the year ensuing, and accordingly the
Governor's oath prescribed by the law of this Colony, and the
oath required by act of Parliament relating to trade and nav-
igation, were administred to him by his Honour the Deputy
Governor, in the presence of the Assembly.

Tlie Hon''ie. Roger Wolcott, Esq"", is chosen Deputy Gov-
ernor of this Colony for the year ensuing, who was sworn
according to law, by his Honour the Governor in the presence
of the Assembly.

James Wadsworth, Esq'', Jonathan Trumble, Esq^,

Samuel Lynde, Esq'', Hezekiah Huntington, Esq'',

William Pitkin, Esq"', John Bulkley, Esq'',

Thomas Fitch, Esq'', Andrew Burr, Esq,

Roger Newton, Esq', John Chester, Esq^,

Ebenezer Silliman, Esq'', Gurdon Saltonstall, Esq"",

were chosen Assistants for the year ensuing, and the Assist-
ant's oath, provided by law, was administred to them by his
Honour the Governor.

George Wyllys is chosen Secretary of this Colony for the
year ensuing, and had the Secretary's oath, provided by law,
administred to him by iiis Honour the Governor in the
presence of the Assembly.

502 PUBLIC RECORDS [May,

The several members of this Assembly who had not taken
the oaths provided by act of Parliament instead of the
oaths of allegiance and supremacy now took the said oaths
and likewise the oath of abjuration, and made the declaration
against popery.

This Assembly do appoint Nathaniel Stanly, Esq^, to be
Treasurer of this Colony for the year ensuing, who was sworn
according to law.

Ordered^ That Andrew Burr, Esq"", and Mr. David Row-
land return the thanks of this Assembly to the Reverend Mr.
Noah Hobart, for his sermon delivered (on the 10th day of
May instant,) before the Assembly, and desire a copy thereof,
that it may be printed.

Tliis Assembly do appoint the Honourable Roger Wolcott,
Esq"", to be Chief Judge of the Superior Courts in this Colony
the year ensuing.

This Asseml)ly do appoint James Wadsworth, Esq"", William
Pitkin, Esq"", El)enezer Silliman, Esq"", and John Bulivley, Esq"",
to be Judges of the Superior Courts in this Colony the year
ensuing.

This Assembly do appoint William Pitkin, Esq% to be Judge
of the County Courts in and for the county of Hartford the
year ensuing.

This A.ssembly do appoint Roger Newton, Esq^, to be Judge
of the County Courts in and for tlie county of New Haven
the year ensuing.

This Assembly do appoint Samuel Lynde, Esq"", to be Judge
of the County Courts in and for the county of New London
the year ensuing.

This Assembly do appoint Andrew Burr, Esq'", to be Judge
of the County Courts in and for the county of Fairfield the
year ensuing.

This Assembly do appoint Jonathan Trumble, Esq"", to be
Judge of the County Courts in and for the county of Wind-
ham the year ensuing.

This Assembly do appoint Joseph Buckingham, Esq"", to be
Judge of the Court of ProV)ate for the district of Hartford the
year ensuing.

This Assembly do appoint John Bulkley, Esq"", to be Judge
of the Court of Probate for the district of East Haddam the
year ensuing.

This Assembly do appoint Ebenezer Marsh, Esq"", to be
Judge of the Court of Probate for the district of Litchfield the
year ensuing.

1750.] OF CONNECTICUT. 503

[4] This Assembly do appoint Thomas Welles, Henry
Allyn, Jabez Hamlin, Joseph Buckingham and Elisha Wil-
liams, Esq'"% to be Justices of the Peace et Quorwu in and
for the county of Hartford the year ensuing.

This Assembly do appoint Nathaniel Stanly, George Wyllys,
Joseph Pitkin, Joseph Talcott, Daniel Edwards, Blizur Good-
rich, Roger Wolcott jun^, Daniel Bissell, William Wolcott,
Thomas Griswould, Joseph White, Thomas Johnson, Seth
Wetinore, Benjamin Stilman, Thomas Hart, Thomas Hart 2d,
Asahel Strong, Joseph Hooker, John Humphrey, Josepli Wil-
coxson 2d, Hezekiah Brainerd, Thomas Addams, Nathaniel
Foot, Epaphras Lord, Charles Bulkley, Joseph Phelps, John
Phelps, Jonathan Hale, David Hubbard, Thomas Pitkin, Zeb-
ulon West, Samuel Dimock, Daniel Alden, Isaac Kellogg,
Cyprian Webster, Ebenezer Lyman, El,ienezer Marsh, David
Whitney, George Holloway, Timothy Hatch, Phinehas Lyman,
Elijah Williams, Samuel D wight, and Thos. Harrison, Esq^^,
to be Justices of the Peace in and for the county of Hartford
the year ensuing.

This Assembly do appoint Samuel Hill, Benjamin Hall,
John Fowler and John Hubbard, Esq'^, to be Justices of the
Peace et Quorum in and for the county of New Haven the
year ensuing.

This Assembly do appoint John Hubbard, Esq"", to be
Judge of the Court of Probate for the district of New Haven
the year ensuing.

This Assembly do appoint Samuel Hill, Esq"", to be Judge of
the Court of Probate for the district of Guilford the year
ensuing.

This Assembly do appoint Isaac Dickerman, John Prout,
John Hitchcock, Deodate Davenport, Samuel Sherman, Robert
Treat, Nathan Baldwin, John Russell, Jonathan Russell, Nath-
aniel Harrison, Andrew Ward, Timothy Stone, Thomas Hodg-
kins, Theophilus Rossiter, Elihu Chauncey, Theopliilus Yale,
Samuel Hall, Elihu Hall, Ezekiel Royce, John Riggs, Samuel
Bassett, Samuel Riggs, Timothy Russell, John Southmaid,
Thomas Clark, Thomas Mathews, Samuel Canfield, Nathaniel
Bostwick, Paul Welch, John Williams, Sainuel Hutciiinson,
Thomas Chipman, Isaiah Tuttle, and James Wadsworth jr.,
Esqrs, to be Justices of the Peace in and for the county of New
Haven the year ensuing.

This Assembly do appoint John Griswould, Christopher
Avery jr., Isaac Huntington, Richard Lord and Jeremiah Miller,
Esq""*, to be Justices of the Peace et Quorum in and for the
county of New London the year ensuing.

504 PUBLIC RECORDS [May,

This Assembly do appoint John Richards, Esq"", to be Judge
of the Court of Prol)ate in the district of New London the
year ensuing.

This Assembly do appoint Hezekiah Huntington, Bsq% to
be Judge of the Court of Probate in the district of Norwich
the year ensuing.

This Assembly do appoint John Wiiiting, Joseph Denison,
Simeon Minor, Nathan Cheesbrough, Samuel Prentiss, Hum-
phrey Avery, Samuel Morgan, Natlianiel Brown, Samuel Coit,
Luke Perkins, Nathan Smith, William Williams, Jabez Hide,
Samuel Lothrop, Daniel Huntington, Ebenezer Backus, Joshua
Hempstead, John Richards, Daniel Coit, Joshua Raymond,
Daniel Ely, Elisha Shelden, Benjamin Lee, Samuel Ely, Nath-
aniel Clark, Jedadiah Chapman, John Tulley, Ambrose Whit-
telsey, Isaac Kelsey^ Benjamin Gale, Elnathan Stephens,
Jonathan Tjane, Nehemiah Palmer, Dudley Woodbridge, and
Jabcz Huntington. Esq''s, to be Justices of the Peace in and
for the county of New London the year ensuing.

This Assembly do a])point Edmond Lewiss, John Thomson,
Jonathan Hoit, and William Preston, Esq''^, to be Justices of
the Peace et Quormn in and for the county of Fairfield the
year ensuing.

This Assembly do appoint Andrew Burr, Esqf, to be Judge
of the court of Probate in the district of Fairfield the year
ensuing.

This Assembly do appoint Joseph Minor, Esq'', to be Judge
of the Court of Probate in the district of Woodbury the year
ensuing.

[5] This Assembly do a]»point Jonathan Hoit, Esq^, to
be Judge of the Court of Probate in the district of Stanford
the year ensuing.

This Assembly do appoint Thomas Benedict, Esq"", to be
Judge of the Court of Probate in the district of Danbury the
year ensuing.

This Assembly do appoint Joseph Blackleach, Samuel
Addams, Theophilus Nickols, Robert Walker, Joseph Minor,
Noah Hinman, Hezekiah Hooker, Licrease Mosely, William
Burr, Thaddeus Burr, John Read, Moses Dimon, Samuel
Sherwood, David Rowland, Samuel Hanford, James Lockwood,
Samuel Fitch, Joseph Piatt, Thomas Tousey, Job Sherm^m,
Thomas Benedict, Samuel Grigory, James Benedict, Samuel
Olmstead, Jonathan Maltbie, Abraham Davenport, Nathaniel
Peck, Ebenezer Mead, Ephraim Hubbel, and Samuel Smith,
od, Esq'"% to be Justices of the Peace in and for the county of
FairfieM the year ensuing.

1750.] OF CONNECTICUT. 505

This Assembly do appoint Bbenezer West, Jonathan Hunt-
ington, Shubael Conant and John Dyer, Esq^s, to be Justices
of the Peace et Quorum in and for the county of Windham
the year ensuing.

This Assembly do appoint Jonathan Trumble, Esq"", to be
Judge of the Court of Probate for the district of Windham,
the year ensuing.

This Assembly do appoint John Crerey, Esq^, to be Judge
of the Court of Probate for the district of Plainfield the year
ensuing.

This Assembly do appoint Joseph Leavinze, John Crerey,
Thomas Storrs, Joseph Fowler, Ebenezer Holbrook, Joseph
Clark, Thomas Tiffany, James Bicknell, Samuel Danielson,
Ebenezer Wales, Nathaniel Huntington, Nathaniel Wales,
Eliphalet Dyer, John Smith jun"", William Marsh, Joseph
Holland, Phinehas Strong, William Metcalf, Joseph Strong
jun"", ,Jabez Fitch, Silas Long, Joshua West, Joseph Cadey,
Hezekiah Sabin, Stephen Fuller, Jeremiah Kinne, Samuel
Chandler, Henry Bowen, and Thomas Chandler, Esq", to be
Justices of the Peace in and for the county of Windham the
year ensuing.

This Assembly do appoint Capt. Samuel Kent jun"", and
Capt. Ephraim Terry, Justices of the Peace for the county of
Hartford the year ensuing.

This Assembly do appoint Mr. Daniel Castle to be a Justice
of the Peace in and for the county of Fairfield the year
ensuing.

This Assembly do appoint Capt. Joseph Southmaid, of
Midletown, to be a Justice of the Peace in and for the county
of Hartford the year ensuing.

This Assembly do establish and confirm Mr. John Holmes
to be Captain of the 4th company or trainband in the town
of Stonington, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. William Swan
to be Lieutenant of the 4th company or trainband in the town
of Stonington, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Thomas Wheeler
junr to be Ensign of the 4th company or trainband in the
town of Stonington, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Amos Chees-
brough to be Captain of the 1st company or trainband in the

506 PUBLIC RECORDS [May,

town of Stonington, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Palmer
to be Lieutenant of the 1st company or trainband in the town
of Stonington,and order that he be commissioned accordingly.

Tbis Assembly do establish and confirm Mr. Samuel Stanton
2d to be Ensign of the 1st company or trainband in the town
of Stonington, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Ebenezer Coe
to be Captain of the 1st or south military comi)any or train-
band in the town of Stratford, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. James Beach
to be Lieutenant of tlie 1st company or trainband in the town
of Stratford, and order that he be commissioned accordingly.

[6] This Assembly do establish and confirm Mr. Isaiah
Brown to be Ensign of the 1st company or trainband in
the town of Stratford, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Thomas Clark
to be Captain of the first company or trainband in the town
of Milford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Wood-
ruff to be Lieutenant of the 1st company or trainband in the
town of Milford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Fowler
jun' to be Ensign of the 1st company or trainband in the
town of Milford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. William
Wittar to be Captain of the 1st company or trainband in the
town of Preston, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Samuel Mor-
gan to be Lieutenant of the first company or trainband in the
town of Preston, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Nathaniel
Stanton to be Ensign of the first company or trainband in the
town of Preston, and order that he be commissioned accord-
ingly.

This Assembly do establish aind confirm Mr. Theophilus

1750.] OP CONNECTICUT. 507

Miles to be Lieutenant of the westermost company or trainband
in the town of Milford, and order that he be commissioned
accordingly.

This Assembly do establisli and confirm Mr. Samuel Gun
to be Ensign of the westermost company or trainband in the
town of Milford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Joseph Buck-
ingham of Saybrook to be Ensign of the 1st company or
trainband in the 7th regiment in this Colony, and order that
he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Palmer
jun"", to be Captain of the 1st company or trainband in the
town of Windsor, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Ebenezer
Phelps to be Ensign of the 1st company or trainband in
the town of Windsor, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Israel Munson
to be Captain of the 2d company or trainband in the town of
New Haven, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Bradley
to be Lieutenant of the 2d company or trainband in the town
of New Haven, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Woodin
to be Ensign of the 2d company or trainband in the town of
New Haven, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Timothy
Hollister to be Captain of the 12th company or trainband in
the 6th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. John Hill
to be Lieutenant of the 12th company or trainband in the
6th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Nathan
Jewet to be Captain of the new erected military company in
Lyme, on the north side of the line dividing between the 3d
military company in Lyme and said new erected company,
and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Fitch

508 PUBLIC RECORDS [May,

to be Lieutenant of the 3d company or trainband in the town
of New London, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Bradford
to be Ensign of the 3d company or trainband in the town
of New London, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Ezekiel Pierce
to be Lieutenant of the 1st company or trainband in the 11th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Isaac Coit to
be Ensign of the 1st company or trainband in the 11th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

[7] Whereas the General Assembly, at their sessions at
New Haven, October, 1787, ordered and enacted that all the
townships in the western lands on both sides Ousatunuck
River should be disposed of and settled, and the whole of said
townships being sold and settled accordingly except the town-
ship of Norfolk, in which one right only hath been sold, the
remainder of said township is yet unsold : It is now resolved
and enacted by this. Assembly, that the remainder of said
townsliip shall be sold at a publick vendue, at the court house
in Hartford, to the highest bidders being persons qualified ac-
cording to said act, (except those rights and grants already
excepted in the act aforesaid,) on the third Wednesday of
December next: the vendue to begin at one of the clock after-
noon and to continue by adjournment from time to time till
the whole be sold ; and that the same be set up at two hund-
red pounds per right, and that the Hon^'e Roger Wolcott,
Esq"", William Pitkin, and George Wyllys, Esq^^, or any two
of them, be a committee to sell and assign and give deeds for
the rights in the aforesaid township, and take bonds with
sureties of the purchasers for the money and for performance
of the conditions of settlement, according to said act.

Resolved hy this Assembly, That the north bounds of the
district of the court of probates called the district of Hartford,
and the north bounds of the district of the court of probates
called the district of Plainfield. shall be the line dividing
between this Colony and the Province of the Massachusets
Bay.

Resolved by this Assembly, That the north bounds of the
first and of the eleventh regiments in this Colony shall be the

1750.] OP CONNECTICUT, 509

line dividing between said Colony and the Province of the
Massachusets Bay.

Whereas this Assembly, at their sessions in May, 1745, did
constitute an ecclesiastical society in the northwest part of the
town of Brandford : Resolved by this Assembly, that the said
society be called Northford.

Resolved hy this Assembly, That each constable in this Col-
ony that shall collect any country rate granted by this Assem-
bly, shall for the future be allowed three pence on tlie pound,
in the currency mentioned in such grant, for collecting the
same, and three pence per mile, proclamation money, for his
travel out to make up accounts with the Treasurer.

The Governor and Company of his Majesty's English
Colony of Connecticut in New England in America, in this
present General Court assembled, do nominate, constitute and
appoint Richard Partridge, Esq'', of London, to be Agent at
the Court of Great Britain, for and in belialf and in the name
of the said Governor and Company to appear before his
Majesty, or any of his courts, ministers or judges in Great
Britain, there to man;ige, act and defend in all and every
matter, cause or thing, wherein the said Governor and Com-
pany are or may be interested or concerned. And the said
Governor and Company, in General Court assembled as afore-
said, do order and enact that a proper fnstrument of procura-
tion, or letter of agency or attorney, be accordingly made out
in the name of the said Governor and Company, under the
publick seal of this Colony, to the said Richard Partridge,
Esq'', accordingly, signed by the Governor and Secretary of
this Colony, which with a copy of this act shall be sent to the
said Agent as soon as may be.

The Governor, Council and Representatives, in this present
General Court assembled, do nominate and appoint Richard
Partridge, Esq"", of the city of London, Agent and Attorney
for the Governor and Company of this Colony, to supplicate
for and receive all such sum and sums of money as may be
granted or ordered for a reimbursement of the charges and
expences the said Colony hath been at in providing arms,
cloathing, victualling, transports, &c., for the regiment raised
in this Colony to be improved in the expedition against
Canada, which was done in obedience to liis Majesty's com-
mand signified by his Grace the Duke of Newcastle, by his
[8] letter dated || April 9th, A. D. 1746, and to give proper
receipts therefor in behalf of said Colony. And it is hereby
ordered and enacted, that a proper instrument of procuration,
or letter of attorney, be accordingly made out in the name of

510 PUBLIC RECORDS [May,

said Governor and Company, under the publick seal and signed
by the G-overnor and Secretary of this Colony, fully impower-
ing the said Richard Partridge, Esq"", for the purpose afore-
said.

An Act in Addition to an Act entituled An Act to call in, exchange and

discharge the Bills of Credit -which have been issued by this Colony

and are still outstanding, made and passed in May, 1 749.

Whereas by said act it is provided, among other things,
that the sterling money granted by the Parliament of Great
Britain to this Colony for reimbursing their expences in taking
and securing Cape Breton, and what may be granted for their
expences in the late intended expedition against Canada, be
sold and bills of exchange drawn therefor, and it being now
apprehended that in case the said sterling money be disposed
of to such persons only as are now settled inhabitants within
this Colony, and the bills of exchange drawn accordingly, the
trade from this Colony to Great Britain may be encouraged
and advanced, and thereby the good ends proposed in said act
more effectually promoted : Therefore,

Be it enacted hy the G-overnor^ Council and Representatives^
in General Court assembled^ and hy the authority of the same,
That no part or sum of the sterling money aforesaid shall be
sold to, nor any bill of exchange drawn therefor in favour of,
any person who is not now a settled inhabitant within this
Colony.

And be it further enacted, That the committee appointed by
this Assembly in October last to make sale of the sterling
money aforesaid, be, and they are hereby, fully authorized
and impowered to require, and they shall require of every
person that shall apply to them for any of said money and a
bill of exchange therefor, to declare under solemn oath that
he is not impowered or improved, directly or indirectly, to
purchase said money and obtain a bill of exchange therefor,
or any part thereof, for the use and benefit of any person who
is not now a settled inhabitant within this Colony as afore-
said. And every person that shall desire any such bill or bills
of exchange as aforesaid shall further declare under oath that
he will truly apply all the money he shall receive for said bill
or bills of exchange in purchasing merchandize, (on his own
proper account or on the proper account of some of the now
settled inhabitants of this Colony,) in Europe, and bona fide
import and land the same in this Colony, which oath the said
committee are hereby impowered to administer ; and whoso-
ever shall refuse to declare under oath and answer to all proper
interrogatories on tiie foregoing matters, or shall fail giving
satisfaction therein before the said committee under oath as

1750.] OF CONNECTICUT. ' 511

aforesaid, he shall not have any of said sterlinji; money or the
benefit of any bill of exchange in his favour.

Afid it is further enacted, That the committee aforesaid make
sale of the sum of ten thousand pounds sterling of said bills
of exchange, to be drawn in favour of such of the now inhabit-
ants of this Colony as shall appear to take the same and make
and execute proper obligatory bonds, with two good and suflfi-
[9] cient sureties, payable || to the Governor and Company of
this Colony, conditioned for the payment of the sum drawn
for in favour of such person, to be paid the one half in coined
silver sterling alloy, at the rate of five shillings and four pence
per ounce Troy weight, or in standard gold equivalent, and
the other half in the now outstanding bills of credit of this
Colony equivalent thereto, at or before the first day of May,
1754, with interest at three pounds ])er centum per annum
therefor in like silver or gold, which interest shall be secured
by several distinct bonds to be paid the first day of May an-
nually. And the said committee are to certifie his Honour
the Governor the sum sold, and to whom, and that tlie same
is secured, that his Honour the Governor may draw the bill
therefor accordingly ; and that the committee appointed by
this Assembly in October last make sale of no more of the
bills of exchange only the ten thousand pounds aforesaid,
until the sessions of the General Assembly in October next.

Resolved hy this Assembly, That his Honour the Governor
shall be altogether saved harmless and indemnified, and this
Assembly do declare that they will save harmless and indem-
nify his Honour the Governor of this Colony from all and all
manner of costs, damages and expence, that may any ways
come, accrue or arise, on account of his drawing any bill or
bills of exchange ordered and desired by this Assembly, or
the non-payment or protesting the same.

Resolved by this Assembly, That his Honour tlie Governor
be and he is hereby desired to draw a set of three bills of
exchange for the sum of three hundred pounds sterling, on
Doctor Benjamin Avery, payable to Mr. Richard Partridge, in
the following form, viz:

Exchange for ,£300 Sterling. Hartford, &g.

Sir: At thirty days sight of this my first bill of ex-
change, (my second and third not paid,) pay Richard Partridge,
Esq"", of London, or his order, the sum of three hundred
pounds sterling for accompt of the Colony of Connecticut, and
charge the accompt of said Colony as per advice from
To Doctor Benjamin Avery, Your humble servant.

London.

512 * PUBLIC RECORDS [^^y,

And that his Honour the Governor advise Doctor Avery of
the said set of bills of exchange drawn on him payable to
Mr. Partridge, to enable him to discharge his obligation in
our behalf with the executors of our late worthy Agent, Mr.
Palmer, and to transact the affairs of this Colony at the Court
of Great Britain, and desire Doctor Avery to charge said bill
to the account of this Colony for the sterling money in his
hands allowed for reimbursing the expences of said Colony
for the taking and securing Cape Breton, and inform him that
the silver is lodged in our treasury for sinking and discharging
so many of our bills of credit as amount to that sura. And
tliat his Honour the Governor signifie to Doctor Avery the
grateful sense the government hath of his willingness to
advance our interest, and the care he hath taken of it, although
his stated business lays him under a necessity of refusing the
agency of this Colony, yet the Colony earnestly desire his kind
offices and favour in our behalf, both in our religious and civil
interests.

Resolved hy this Assemhly, That his Honour the Governor
be and he is hereby desired to write to Richard Partridge,
Esq"", of London, and signifie to him the very grateful sense
the government hath of his readiness to advise and assist
Colo. Williams, and undertake in the behalf of the Colony,
and exert himself with so great care and vigilance in their
interest and affairs, with hearty desires that he would accept
the agency of this Colony at the Court of Great Britain, and
continue his care and concern for tlie future necessary affairs
of this Colony, and inform him that the sum of three hundred
pounds sterling is drawn by bill on Doctor Avery in his favour,
[10] to enable him || to discharge his obligation in our behalf
to the executors of our late worthy agent, Mr. Palmer, which
he will settle and adjust with them, observing what information
his Honour will give him relating thereto, and the residue of
said sum may furnish him to satisfy what he may have advanced
in the affairs of the Colony wherein he hath been concerned
for us, and further- inform him that the money needful for
council and other occasions in transacting our affairs shall be
allowed him in his account, and shall be duly discharged ac-
cordingly.

Resolved hy this Assembly^ That his Honour the Governor
be and he is hereby desired to draw a set of three bills of
exchange for the sum of twenty-five pounds sterling on Doctor
Benjamin Avery, payable to Colo. Elisha Williams, in the fol-
lowing form, viz:

1750.] OP CONNECTICUT. 613

Exchange for .£25 sterling.

At thirty days sight of this my first bill of exchange, my
second and third not paid, pay Colo. Elisha Williams, now
resident in the city of London, or his order, the sum of twenty-
five pounds sterling, value received, and charge the account of
the Colony of Connecticut, as per advice from
To Doctor Benjamin Avery, Your humble servant.
London.

And that his Honour the Governor advise Doctor Avery of
the said set of bills of exchange, and desire the doctor to charge
said bill to the account of this Colony, for sterling money in
his hands allowed for reimbursing the expences of said Colony
for the taking and securing Cape Breton, and inform him that
the silver is lodged in our treasury for sinking and discharging
so many of our bills of credit as amount to that sum.

Resolved by this Assenbly, That his Honour the Governor
write to Colo. Elisha Williams and signify to him the grateful
sense the government hath of his good service for this Colony
in our affairs in Great Britain, and that this Assembly have
accordingly ordered a bill of exchange on Doct. Avery for the
sum of £25 Os. Od. sterling, whicli is accordingly drawn and
ordered to him therefor.

Resolved hy this Assembly, That his Honour the Governor
be desired, and Thomas Fitch, Esq"", be appointed, and they
are hereby desired and appointed, forthwith to state the case
and prepare the evidence relating to the settlement of the
divisional line between the Province of the Massachusets Bay
and this Colony, that in pursuance of the act of this Assembly
in May last the same may be sent to our Agent in Great Britain
with the directions given in said act.

On the report of the committee appointed by this Assembly
in October last to demand of Jedadiah Dudby of Saybrook,
one of the collectors of the duties on goods imported into and
lumber exported from this government, an accompt what sums
he had received and what securities he had taken for such
duties, and to receive the same of him, &c., that they have
not received a satisfactory account : It is resolved by this
Assembly, that said committee deliver to the Treasurer of this
Colony the money and securities they received of said Dudley,
taking the Treasurer's receipt therefor, which they are hereby
directed to lodge with the Secretary. And it appearing by
said report, that he hath not rendered a full accompt of the
money by him received : It is therefore resolved by this As-
sembly, that Mr. Ambrose Whittelsey be and he is hereby
appointed an agent in behalf of the Governor and Company
65

514 PUBLIC RECORDS [May,

of tins Colony, to ask, demand, receive, sue for and recover
in the law, of said Jedadiah Dudley, all sach sums of money
as he is in arrears to said Governor and Company on accompt
of the duties on goods imported into and lumber exported
from this Colony, which he hath not accounted for, and when
recovered to deliver the same to the Treasurer of this Colony,
taking his receipt therefor, which he is to lodge with the
Secretary of this Colony.

[11] Whereas this Assembly, in their sessions in October
last, was informed that Jedadiah Dudley of Saybrook, one of
the collectors appointed by his Honour the Governor to collect
the duties laid on importing goods, wares and merchandize,
into this Colony from any of the neighbouring governments,
and also on exporting lumber of the growth of this Colony out
of the same to any of the neighbouring governments, by the
acts of the General Assembly of this Colony held at Hartford
on the second Thursday of May, 1747, was unfaithful in said
office, and that he had in part imbezzeled the moneys by him
received on accompt of such duties; at which Assembly in
October last, by an act of the same, said Dudley was inhibited
acting anything further in said office until the first of June
next ; and his unfaithfulness in said office still further appear-
ing to this Assembly: It is resolved by this Assembly, that
said Jedadiah Dudley be, and he is hereby, inhibited further
acting in said office for the future, and that his commission
impowering him to collect such duties be and is hereby made
null and void, and that Mr. Ambrose Whittelsey be hereby
appointed and desired to notify the said Dudley hereof, that
he may conform himself thereto accordingly.

Upon the representation of Colonel Christopher Avery and
Major Samuel Coit, colonel and major of the 8th regiment in
this Colony, representing to this Assembly that there is a
difficulty now subsisting in the town of Stonington in said
regiment, which happened by a mistake in the commissions of
the captain and ensign of the sixth company in said Stonington,
who were commissioned captain and ensign of the fifth com-
pany, but were chosen by and ouglit to have been commissioned
over the sixth company in said town : Resolved by this Assem-
bly, that Capt. Daniel Brown and Ensign Samuel Hobart
Burdick be commissioned over the sixth company in the town
of Stonington, and his Honour the Governor is desired to grant
commissions for them accordingly.

This Assembly do establish and confirm Mr. Joshua Hull
to be Ensign of the company or trainband at the parish of
Reading, and order that he be commissioned accordingly.

1750.] OF CONNECTICUT. 515

This Assembly do establish and confirm Mr. Daniel Cone to
be Captain of the south company or trainband in the town of
East Haddam, and order that he be commissioned accord-
ingly.

Tills Assembly do establish and confirm Mr. Henry Champin
to be Lieutenant of the south company or trainband in the
town of East Haddam, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Josiah Arnold
to be Ensign of the south company or trainband in the town
of East Haddam, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Joseph Hulls
to be Captain of the first company or trainband in the town
of Derby, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph John-
son to be Lieutenant of the first company or trainband in the
town of Derby, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Jonathan
Lumm to be Ensign of the first company or trainband in the
town of Derby, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Isaac Hide to
be Captain of the 9th company or trainband in the 11th reg-
iment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Deliverance
Cleaveland to be Lieutenant of the 9th company or trainband
in the 11th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. William Fitch
to be Ensign of the 9th company or trainband in the 11th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Nathaniel
Babcock to be Captain of the 13th company or trainband in
the 11th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Amos Kinne
to be Lieutenant the 13th of company or trainban i in the 11th
regiment in this Colony, and order that he be commissioned
accordingly.

516 PUBLIC RECORDS [May,

This Assembly do establish and confirm Mr. Daniel Pish
to be Ensign of the 13th company or trainband in the 11th
regiment in this Colony, and order that he be commissioned
accordingly.

[12] Upon the petition of John Loomis of Windsor, rep-
resenting to this Assembly that Isaac Skinner and Daniel
Mills of Windsor were about ten years past bound together
with him, the petitioner, to the Governor and Company of this
Colony, in two several bonds for about twenty-five pounds
money of the new tenour by the petitioner of said Governor
and Company borrowed and to his own use received, and that,
to secure and save harmless said Skinner and Mills touching
said bonds, he had on their request executed to them one
certain deed of three several parcels of land, one of which
parcels in and by said deed dated January 10th, 174^, is said
to lie in the parish of Wintonbury, and to contain about
fifteen acres, and to be abutted west on Edward Griswould's
land in part and partly on land of David Griswould, north on
land of Daniel Phelps, south on land of Abel Loomiss, and
east upon an highway ; that said deed was so made and de-
livered with this agreement, that on the petitioner's saving
them harmless as abovesaid the said land should be by them
reconveyed to him ; that without having been in any wise
damnified they, said Mills and Skinner, by their deed dated
the 15th of Octo))er, 1746, sold said fifteen acres to Edward
Griswould of said Windsor, said Griswould also being privy
to said agreement, taking the whole consideration thereof to
themselves and the same to their own use converting ; that
he, the petitioner, has since paid the whole of said money as
aforesaid borrowed of the Colony, and taken up said bond &c. ;
and thereupon praying relief, as per said petition on file: Re-
solved by this Assembly, that the said deed, by the said John
Loomiss as abovesaid given to said Skinner and Mills, shall
never hereafter be given or admitted to be given in evidence in
the tryal of any cause or action now depending or hereafter to
be commenced and depending before any court whatsoever,
touching the land therein mentioned, or any part or parcel
tliereof ; and that all persons now or hereafter claiming or to
claim any right, title or interest, in or unto said lands, or any
parcel thereof, by force or virtue of said deed by said Loomiss
executed as abovesaid, be, and by virtue of this resolve forever
hereafter shall be, utterly disenabled and debarred in any
wise to exliibit the same in any tryal whatsoever to the pur-
pose aforesaid.

Upon the memorial of Benjamin Fenn, George Clark jun"".

1750.] OF CONNECTICUT. ,517

Jeremiah Peck, Henry Peck, Samuel Eells, George Clark,
Noah Baldwin, and Ephraim Strong, inhabitants in Milford,
in behalf of themselves and their brethren in said town who de-
clared they have soberly dissented from the established church
in said Milford, praying to be freed from paying ecclesiastical
taxes in said town, &c. : Granted, that the said Benjamin
Fenn, George Clark junr, Jeremiah Peck, and the rest of the
subscribers to the said memorial, tbey and such others as
shall in three months after the rising of this Assembly enter
their names with the town clerk of the said town as dissent-
ing from the established church and congregation there, and
attend upon the worship of God in the congregation in
said town who have laterly dissented and worship in a separ-
ate church and congregation there, be and are liereby freed,
they and their descendants adhering to the dissenters afore-
said in said Milford, from paying any rates or taxes for the
future towards the support or maintenance of any minister,
or for building or repairing any meeting-house, or towards any
other ecclesiastical taxes in said town of Milford, during the
time they shall regularly attend the worship of God in said
separate congregation.

Upon the petition of William Williams, of Mansfield, vs.
Jonathan Terry, of Endfield, shewing that at an adjourned
superior court held at Windham in January, 174 1, said Terry
obtained a judgment against said Williams for the sum of ^49
Qs. Od. lawful money for damages and cost, and that said sum
so adjudged against him was exorbitant and excessive, and
that he had been compelled to pay said whole sum, &c. ; and
thereupon praying relief, &c. : Resolved by this Assembly,
that said sum in damages, found and adjudged as abovesaid,
is apparently exorbitant and excessive, and that the same be,
and the said damages hereby are, mitigated and reduced down
to the sum of fifty shillings lawful money, and that the peti-
tioner shall recover and have restored to him of and from the
petitionee the whole residue of said sum as abovesaid adjudged
and paid, amounting to the sum of £46 16s. Od. lawful money
as aforesaid; and that execution therefor go forth, signed by
the Secretary of this Colony accordingly.

This Assembly do establish and confirm Mr. Edward Allen
to be Captain of the Troop of horse in the 2d regiment in this
Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Woodruff
to be Lieutenant of the Troop of horse in the 2d regiment
in this Colony, and order that he be commissioned accordingly.

[13] This Assembly do establish and confirm Mr. David

518 PUBLIC RECORDS [May,

Sandford to be Cornet of the Troop of horse in the 2d regi
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establisli and confirm Mr. Roswell Wood-
ward to be Quartermaster of the Troop of horse in the 2d
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Ebenezer Thom-
son to be Lieutenant of the company or trainband in the parish
of Bethlehem, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Strong
to be Ensign of the company or trainband in the parish of
Bethlehem, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Filmore
to be Captain of the 7th company or trainband in the town of
Norwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jon'''. Pitcher
to be Ensign of the 7th company or trainband in the town of
Norwich, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Timothy Dim-
mock to be Lieutenant of the 10th company or trainband in
the 5th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Benjamin Daviss
to be Ensign of the lOtli company or trainband in the oth regi-
ment in this Colony, and oiYler that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Joseph Banks
to be Captain of the west or 2d company or trainband in the
town of Greenwich, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Jabez Sherwood
to be Ensign of the west or 2d company or trainband in the
town of Greenwich, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Zachariah
Spaulding to be Captain of the oth comj)any or trainband in
the 11th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Henry Hewett
to be Lieutenant of the 5tli company or trainband in the 11th
regiment in this Colony, and order that he be commissioned
accordingly.

1750.] OF CONNECTICUT. 519

This Assembly do establish and confirm Mr. Benjamin Peirce
to be Ensign of the 5th company or trainband in the 11th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Elijah Dyer to
be Quartermaster of the Troop of horse in the lltli regiment
in this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Josiah Converse
to be Lieutenant of the 7th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. James Converse
to be Ensign of the 7th company or trainband in the 5th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Richard Bush-
nell to be Lieutenant of the Troop of horse in the 3d regiment
in this Colony, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Hezekiah
Edgerton to be Cornet of the Troop of horse in tlie 3d regi-
ment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. William Hil-
house to be Quartermaster of the Troop of horse in the 3d
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. James Miles
to be Captain of the Troop of horse in the 10th regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Eliakim Hall to
be Lieutenant of the Troop of horse in the 10th regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Caleb Johnson
to be Cornet of the Troop of horse in the 10th regiment in
this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Parsons
to be Quarter [master] of the Troop of horse in the 10th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

[14] This Assembly do establish and confirm Mr. Cornelius
Daviss, to be Lieutenant of the company or trainband on the
west side of Willamantick River in the town of Stafford, and
order that he be commissioned accordingly.

520 PUBLIC RECORDS [May,

This Assembly do establish and confirm Mr. John Pasco
to be Ensign of the company or trainband on the west side
of Willamantick River in the town of Stafford, and order that
he be commissioned accordingly.

Upon the petition of Prosper Wetmore, shewing to this As-
sembly that Jonathan Huntington brought his action against
him by his writ dated May the 27th, A. D. 1749, demanding
damages for converting to his own use a negro girl, which
action came to its final tryal at the superior court at Norwich
in March last ; praying for a reversal of the judgment of said
superior court in said case, and that the petitioner have
another tryal of said cause at the superior court at New Lon-
don in September next, for the reason assigned : Resolved by
this Assembly, that the said judgment of the superior court
be reversed, and tbe same is hereby reversed and made void,
and that the petitioner have the liberty of another tryal of the
said case at the superior court in New London in September
next, and that the whole cost follow the final tryal.

Upon the memorial of Isaac Parmele, one of the members
of the fourth ecclesiastical society in Guilford, and the rest of
the members of the said fourth society, representing that the
parochial bounds and limits of the said fourth society aud of
the first society in said Guilford are the same and of equal extent,
and that said two societies are equally endowed with priv-
ileges, &c ; that notwithstanding, whenever any stranger or
strangers have come to inhabit within said limits and joyned
themselves with the said fourth society and also paid their
part of the charges with them, the said first society have like-
wise compelled such strangers to pay rates and taxes to them,
by reason of which practice great uneasiness doth arise ; pray-
ing for relief in the premises, &c. : Resolved by this Assem-
bly, that all such strangers as have or shall come to inhabit
within the limits of said societies and shall joyn themselves
to the said fourth society by enteriug their names with the
clerk of that society to wliich he shall so joyn himself within
three months aftei' they shall become inhabitants as aforesaid,
such person or persons shall be deemed to belong to them,
and shall pay his rates and taxes only to that society with
whom he shall so joyn himself as aforesaid.

Upon the memorial of Joseph Bradley, John Parmele jun"",
Joseph Parmele jun"", Noah Hotchkiss, Jordan Leet, Paul
Dudley, Samuel Bristol, Joseph Chittendon jun^ and Simeon
Norton, all of Guilford in the county of New Haven, shewing
that during the time of their minority and while under their
parents they used to attend the publick worship of God with

1750.] OP CONNECTICUT. 521

tlie first society in said Guilford, but never acted in the sett-
ling of the minister there ; that since they had arrived to full
age they had removed to and attended the publick worship of
God with the fourth society in said Guilford, (the parochial
limits whereof are the same with the first society ;) that it was
most agreeable and most for their edification to continue with
said fourth society, and that they had constantly contributed
towards the charges of that society since they had attended with
them as aforesaid, and praying to be exempted from payingtaxes
to the said first society, &c. : Resolved by this Assembly, that
the said memorialists be and they are hereby exempted from
paying taxes to the said first society, and for the future they
shall be deemed to belong to the said fourth society in said
Guilford.

Upon the memorial of Ebenezer Finch, of Greenwich in
Fairfield county, shewing that he by a mistake gave bond to
the Governor and Company of this Colony for twenty-five
pounds in bills of credit of the new tenour, when in fact he
received but twelve pounds ten shillings in such bills out of
the Colony treasury; praying for relief in the premises: Re-
solved by this Assembly, that the said Ebenezer Finch upon
his paying into the treasury of this Colony the sum of twelve
pounds ten shillings in bills of credit new tenour, with the
interest thereof till this time and the cost that has arisen
thereon, he shall have delivered up to him the bond aforesaid
given for the sum of twenty-five pounds in bills of credit of
the new tenour.

[15] Upon the memorial of William Clark and Rebecca
Lee, administrators on the estate of Ezra Lee, late of Wood-
bury, deceased, shewing to this Assembly that the debts due
from said estate surmount the moveable estate the stun of
.£340 12s. 4^d. old tenour, praying this Assembly to impower
them to sell so much of the said deceased's lands as shall be
sufficient to pay the said sum and incident charges : Resolved
by this Assembly, that the said William Clark and Rebecca
Lee be impowered, and they are hereby impowered, to sell so
much of the land of the said Ezra Lee, deceased, as shall be suf-
ficient to pay the said sum of <£340 12s. 4:^d. old tenour, and
the incident charges arising thereon, taking the directions of
the court of probates in the district of Woodbury.

Upon the petition of Nathaniel Gilbert, of Midletown in Hart-
ford county, shewing to this Assembly that John Lane of
Midletown, at the superior court held at Hartford in March
last, obtained a final judgment against him for the surrendry
of about two acres of land in Midletown aforesaid, with five
66

622 PUBLIC RECORDS [May,

pounds damages and £15 3s. 4:d. costs of suit, and that execu-
tion has been levyed and paid ; praying for another tryal in
said cause, for that upon the misrepresentation of the facts by
some of the evidences about the possession of said land the
jury bro't in their verdict for the said Lane, as in said petition
set forth : Resolved by this Assembly, that the judgment of
said superior court of March last past, with all the doings there-
on, be and is hereby set aside, made null and void, and that the
petitioner have another tryal of said cause at the adjourned
superior court to be holden at Hartford the first Tuesday of
June next; and that all the cost follow the final judgment.

Upon the memorial of Phinehas Drake and Pelatiah Mills
and Phebe Moore, administrators on the estate of John Soper,
late of Windsor, deceased, shewing to this Assembly that the
debts due from the said estate surmount the moveables the
sum of X1343 12s. Oc?., they praying that some suitable per-
sons may be appointed to sell so much of the real estate of the
said deceased as will pay the sum aforesaid with the incident
charges arising on said sale, &c.: Resolved by this Assembly,
that Mr. Phinehas Drake and Pelatiah Mills, two of said ad-
ministrators, be and they are hereby impowered to make sale
of so much of the real estate of the said deceased as will be
sufficient to pay the aforesaid sum of X1343 12s. Od. with
the incident charges arising thereon, taking the direction of
the court of probates in the district of Hartford therein.

Upon the memorial of Isaac Solomons, of Midletown, shew-
ing to this Assembly that in the year 1748, lie imported from
London into this Colony the value of X144 10s. Od. sterling
in goods, and that he imported likewise from New York £25
Os. Od. sterling, and exhibited a manifest of said goods to Mr.
Mathew Talcott of Midletown, one of the collectors appointed
to receive the duties for importation of goods from the neigh-
bouring governments, and that he demanded 1^ per cent, on
the whole, and that he gave iiis bond to the Governor and
Company for the duties of all said goods to the sum of <£127
2s. 6d. old tenour, and that said bond now lies in the Treas-
urer's office not paid ; praying for a release from said bond,
except so much thereof as should arise on the duty of £25
Os. Od. sterling, imported from New York as aforesaid : Re-
solved by this Assembly, that on the said Isaac Solomons
paying the duty of said <£25 Os. at seven and a half per cent.
to the Treasurer of this Colony, with the interest thereof since
the bond became due, that tlie Treasurer be and hereby is
ordered to give up said bond conditioned for the payment of
£127 2s. 6d.

1750.] OF CONNECTICUT. 523

Upon the memorial of Samuel Wells, John Rizley and others,
inhabitants of the town of Hartford, complaining of the doings
of a jury appointed by the county court in the county of Hart-
ford in laying out of a highway on the east side of the great
river in said Hartford from the country road leading from
Hartford to Glassenbury, eastward to the end of the three
mile lots, which doings and return of said jury were accepted
and established by the said county court held at Hartford in
April, 1747 ; praying to have a committee to view the circum-
stances, &c. : Resolved by this Assembly, that William Wol-
cott. Esq"-, Mr. Mathew Rockwell and Mr. Abiel Abbot, all of
Windsor, be, and they are hereby appointed to be, a committee
to view the circumstances and consider the matters referred to
in said memorial, and make their report and give their opinion
on the premises to this Assembly in October next ; all at the
cost of the memorialists.

Upon the memorial of John Starkweather jun"", of Stoning-
ton, shewing to this Assembly that sometime in October last,
by a fall, he had his right arm put out of joynt, and thereby
in a measure disenabled from labour ; and praying that his head
may be freed from paying of publick taxes for the future :
Resolved by this Assembly, that the said John Starkweather
shall be freed from payment of publick taxes for his head for
the future.

[16] Upon the memorial of Joseph Wyouke, Pequot Indian,
and the rest of the Pequot Indians that live at Massantuxet
in the township of Groton, representing that there is a con-
siderable tract of land in said Groton, known by the name of
Massantuxet, reserved for the use of the memorialists, and
that the proprietors of said Groton, in the year 1732, by liberty
then obtained from this Assembly, have laid out one half of
the said reserved lands into fifty acre lots and have fenced the
same, which liberty was only during the pleasure of the said
Assembly ; and also shewing that the said proprietors, under
colour of said liberty granted them as aforesaid, had defeated
the said Indians of their improvements, had destroyed their
crops, cut down their timber and firewood, contrary to the
meaning and intention of said Assembly in the liberty granted
them as aforesaid, &c. ; praying that a committee might be
appointed to enquire into the premises and matters in said
memorial alledged, in order to the removal of said English
people from the said reserved lands, and that for the future
they may not have any improvements thereon, &c. : Resolved
by this Assembly, that Jonathan Trumble and John Bulkley,
Esq""*, be and they are hereby appointed to be a committee to

524 PUBLIC RECORDS [May,

repair to said Groton, to enquire into the matters referred to
in said memorial, and to make their report and give their
opinion in the premises to this Assembly at their sessions in
October next.

Upon the memorial of the inhabitants of the second society
of the town of Windsor, praying to this Assembly that said
society may be divided into two distinct ecclesiastical societies,
and that a committee may be appointed to repair to said so-
ciety and fix a place for a division, and to make their report
therein : Thereupon it is resolved, and this Assembly do
hereby appoint Jabez Hamlin, Esqr, of Midletown, Joseph
Buckingham, Esq"", and Capt. James Church, of the town of
Hartford, a committee to repair to said society, notify and
hear all persons concerned, view the circumstances of said
society, and if they shall judge it proper that said society be
divided into two distinct ecclesiastical societies, that then they
fix the place for said division, and make report of their opinion
and doings thereon to this Assembly in October next.

Upon the memorial of Daniel Hawley, of Stratford, admin-
istrator on the estate of Joseph Gorham late of Stratford,
deceased, cum testmnento atmexo; representing that the debts
of said estate surmount the moveable estate the sum of .£295
3s. 2d. money old currency, and praying that so much of the
real estate of the said deceased Joseph Gorham might be sold
as will answer the said sum of £295 3s. 2d. and incident
charges, as by the memorial on file : It is hereby granted,
enacted and ordered, that so much of tlie lands and real estate
of the said Joseph Gorham, deceased, shall be sold as shall be
sufficient to answer and satisfy the said sum of £295 3s. 2d.
with the incident cliarges ; and that Robert Walker of said
Stratford be appointed, and the said Robert Walker is hereby
appointed and impowered, to sell so much of said lands and
real estate as abovesaid, and make and execute deed or deeds
thereof to the purchaser or purchasers, according to such sale.

Upon the memorial of John Jeffery, of Stanford, adminis-
trator on the estate of John Jeffery late of Stanford, deceased,
with the will annexed, shewing to this Assembly that the debts
due from the estate of the said deceased surmount the personal
estate of said deceased the sum of £274 15s. 4:d. money old
tenour ; and praying for liberty to sell lands of the said de-
ceased sufficient to enable said administrator to pay said debts :
Resolved by this Assembly, that said administrator hath hereby
liberty to sell so much of the real estate of the said deceased,
under the direction of the court of probate in the district of
Stanford therein, as to enable said administrator to pay said

1750.] OF CONNECTICUT, 525

debts with the necessary charges arising on the sale of said
lands.

Upon the memorial of Benjamin Stoughton and others, of
Windsor, praying to be a distinct ecclesiastical society with
certain limits as referred to in said memorial, and upon tlie
memorial of Isaac Jones, Moses Thrall and others, of Bolton,
praying to be a distinct ecclesiastical society also with certain
other limits as set forth in their said memorial, &c. ; praying
for a committee, &c. : Resolved by this Assembly, that Major
Jabez Hamlin of Midletown, Joseph Buckingham, Esq^ and
Capt. James Church, of Hartford, be and they are hereby
appointed to be a committee to repair to said Windsor and
Bolton, to view the circumstances of all the memorialists, and
to make their report to this Assembly at their sessions in
October next, and to give their opinion upon the whole.

[17] This Assembly do establish and confirm Mr. Stephen
Horsmer of Hartford to be Captain of the 4th company or
trainband in the town of Hartford, and order that he be com-
missioned accordingly.

This Asseml)ly do establish and confirm Mr. Jacob Kellogg
to be Lieutenant of the 4tli company or trainband in the town
of Hartford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Timothy Good-
man to be Ensign of the 4th company or trainband in the town
of Hartford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Kilbourn
to be Captain of the first company or trainband in the town
of Litchtield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Moses Stoddard
to be Lieutenant of the first company or trainband in the town
of Litchfield, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Benjamin Day
to be Captain of the 3d company or trainband in the town of
Colchester, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Caleb Loomiss
to be Lieutenant of the od company or trainband in the town
of Colchester, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. George Sexton
jun"" to be Ensign of the 3d company or trainband in the town
of Colchester, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Solomon Clark
to be Captain of the company or trainband at the parish of
Wintonbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr, Joseph Porter

526 PUBLIC RECORDS [May,

to be Lieutenant of the company or trainband at the parish of
Wintonbury, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Sher-
wood to be Lieutenant of the troop of horse in the 4th regiment
in this Colony, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Burret
to be Cornet of the troop of horse in the 4th regiment in this
Colony, and order that he be commissioned accordingly.

Tliis Assembly do establish and confirm Mr. Ezra Hawley
to be Quarter-Master of the Troop of horse in tlie 4th regiment
in this Colony, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Samuel Phelps
to be Lieutenant of the company or trainband in the town of
Harwinton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Abijah Catlin
to be Ensign of the company or trainband in the town of
Harwinton, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Josiah Bartlett
to be Captain of the company or trainband at the parish of
Goshen in the town of Lebanon, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Joshua West
to be Lieutenant of the company or trainimnd at the parish of
Goshen in the town of Lebanon, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Israel Loomiss
to be Lieutenant of the company or trainband in the town of
New Hartford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Ephraim Andrus
to be Ensign of the company or trainband in the town of New
Hartford, and order that he be commissioned accordingly.

Upon the memorial of John Daviss, of New London in the
county of New London, shewing to this Assembly that his son,
George Daviss, shipped a mariner on board the sloop Mary in
the month of March, A. D. 174|, in a voyage intended to the
island of St. Christophers, James Rogers, mariner, of said New
London, master ; said slooj) owned by Mr. John Colefox of
said New London, John Wiggins and Samuel Conklin of South-
old in the Province of New York ; and that said sloop company
and cargo in proceeding said voyage fell a lawful prize into
the hands of the French enemy ; and that said Capt. Rogers
delivered said George Daviss a hostage into the hands of the
enemy, to ransom said vessel and cargo at the price of X250

1750.] OP CONNECTICUT. 527

[18] Os. Od. sterling ; and that said George Daviss 1| was car-
ried into France and there still kept and detained in prison,
and so likely to remain during life ; and that said Rogers nor
owners took any care to redeem said hostage ; and that said
John Daviss nor his son George Daviss were able to redeem
said hostage ; praying this Assembly to take the case aforesaid
into their wise and judicious consideration, &c., as by his me-
morial at large on file appears : Resolved by this Assembly,
that Gurdon Saltonstall, Esq"", Messrs. Jeremiah Miller and
Joseph Fowler, be appointed and they are hereby appointed
with full power and authority to enquire into the circumstances
of the whole affair, and upon their being satisfied of the truth
of the memorial aforesaid, that then they shall as soon as may
be make report to his Honour the Governor and such of the
Council as his Honour shall see cause to call in to his assist-
ance ; and in case his Honour the Governor and the said
Council shall be of the opinion that damages by law are re-
coverable, either against the aforesaid owners or against the
said James Rogers late master of said sloop, then his Honour
the Governor is desired to direct the said Fowler to assist the
said George Daviss to bring an action or actions against either
the said Rogers or the said owners, or botli, as may be thought
most proper, and the same to pr-osecute to final judgment, that
so the said George Daviss may be redeemed out of his captivity ;
and that the charges arising in such prosecution more than
the bill of cost will satisfy shall be paid out of the Colony
treasury.

Upon the petition of Christopher Palmer, of Stonington in
the county of New London, shewing to this Assembly that he
bro't his bill before the court of commissioners {viz ;) Samuel
Lynde, Esq"", Messrs. Jeremiah Miller, Christopher Avery 2d,
and John Ledyard, who were specially authorized to hear and
determine a certain controversy eubsisting between the exe-
cutors of the last will of Capt. John Prentiss late of New
London, deceased, of the one part, and company belonging to
the sloop Defence in the expedition to Cape Breton of the
other party, demanding of Sarah Prentiss, the only acting
executrix to said deceased, a certain sum of prize money &c. ;
and that the said Palmer had expended a large sum to settle a
rule to end said controversey ; and that said commissioners
had not allowed him, said Palmer, any cost therein, but that
said commissioners through some mistake of their commission
allowed said cost to be taxed in favour of Daniel Coit, the
clerk of said court, and gave judgment for X296 9s. 9d. cost,
and ordered execution thereon, &c., which could not be collected

528 ptJBLic RECORDS [May,

by law, &c. ; and that while said judgment remained he, said
Palmer, could have no cost in the premises ; praying also
that said judgment might be reversed and set aside : Re-
solved by this Assembly, that the judgment aforesaid, given
in favour of said Coit having the cost aforesaid taxed and al-
lowed in his name, be reversed and set aside, and the same is
hereby set aside, made null and void, and shall be of no force
in the law.

Upon the memorial of Aaron Wilcox, of Hebron, praying
liberty to remove from Hebron and dwell or reside at the town
of Harwinton in the county of Hartford, &c. : Resolved by this
Assembly, that if lie, the said Aaron Wilcox, do and shall find
sureties, to the acceptance of the sheriff of the county of
Hartford, which shall become bound to the Governor and
Company of this Colony in the penal sum of .£500 Os. Od. in
bills of credit of the old tenour or lawful money equivalent,
in a bond defeazible only by his, said Wilcox's, being and re-
maining of good behaviour towards all his Majesty's subjects
during life, and his peaceable surrendry of his body to the
care and custody of said sheriff whensoever thereto required
by this Assembly, (sucli bond being so taken to be delivered
into the care of the Secretary of this Colony,) then and in
such case said Aaron Wilcox shall be at liberty to depart from
said Hebron, where he now is, unto the said town of Har-
winton, there quietly to remain within the limits of said town
in the free prosecution and discharge of all the lawful busi-
ness of life, until this Asseml^ly shall order otherwise.

Upon the memorial of Nathaniel Swift, Benjamin Brunson,
Thomas Beaman and others, inhabitants of the eastern part
of the township of Kent, praying that they may be set off and
made a distinct ecclesiastical society according to certain
limits in said memorial set forth, as by the same on file appears :
This Assembly do grant ancl enact, that the memorialists be
a distinct ecclesiastical society, with all the privileges and
immunities of such societies according to the laws of this
[19] Colony, and that the bounds of said society shall be as
follow, (^viz :) beginning at the west end of the west pond, com-
monly called Pains Pond ; then running a straight line to the
southwest corner of the lot that Benjamin Brunson now lives
on ; then running in the line of said Brunson's lot to the
northwest corner of said Brunson's north lot ; thence a straight
line to the northwest corner of John Ransom's lot, being a
mile west of Nathaniel Swift's house, being in the north line
of the township of Kent: then begining at the northeast
corner of Merryal, so called; thence a straight line to the

1750.] OF CONNECTICUT. 529

crotch of Shippaug River, and bounded north on Cornwall
and Goshen, and east on Litchfield ; and that the said society
be called East Greenwich.

Upon the memorial of Abraham Clark, of Farmington, ad-
ministrator on the estate of Joseph Clark of Waterbury in
the county of New Haven, deceased, representing that the
debts due from the estate of said deceased surmounted the
moveable part thereof the sum of .£137 16s. lie?, old tenour,
and praying for liberty to sell land, &c : Resolved by tl\is
Assembly, that said administrator have liberty, and he is
hereby fully authorized and impowered, to make sale of so
much of the real estate of said deceased as shall be sufficient
to pay the aforesaid sum of £137 16s. lid. old tenour with
the incident charges arising thereon, taking the advice of the
court of probate for the district of Woodbury therein.

Upon the memorial of Ebenezer West, Joseph Fowler,
Samuel Hide, Samuel Huntington and Joseph Clark, select-
men of the town of Lebanon, shewing that one Anna White
of said Lebanon, an idiot, hath for more than a year past been
cast on the said town for support, and that for the sup-
port of said idiot it hath cost the said town the sum of £100
Os. Od. for the year past, and there is no relation that will
take the care and charge of her support on them, and that
there is no relation that stands in such degree as that by law
they can be obliged to maintain her ; shewing also that she
hath fallen to her by the death of her father, Nathaniel White
late of said Lebanon, deceased, twenty- seven acres of land,
and that it will much disadvantage the sale of the whole if
any part thereof be sold for the payment of the sum already
expended ; praying that the whole of said lands be sold to the
best advantage and the money that may be obtained may be
used for the support of said idiot, and the overplus, if any be,
be returned to the heirs of said Anna : Whereupon it is re-
solved by this Assembly, that the said selectmen sell the
same land to the best advantage that they can, and keep the
money that may be obtained thereby for the support of said
idiot, and if any overplus shall happen, to return the same to
the heirs of said Anna.

Upon the memorial of Joseph Coit, of Plainfield, late min-
ister of the gospel there, shewing that he hath been for a long
time the minister in said Plainfield, and is far advanced in
age, and on acccount of the infirmities he is under hath resign-
ed his pastoral care of that church and people, and that the
listers have assessed him fourfold for all his rateable estate
in the list given in August, A. D. 1749, and praying for some
67

530 PUBLIC RECORDS [May,

proper relief: Whereupon it is resolved by this Assembly,
that the said Coit have his whole list released to him, and all
rates and taxes thereon, and that for the future his estate be
released from taxes during his life, and the same is hereby
released to him.

Upon the memorial of Joseph Wilcoxson, Samuel Humph-
rey, and the rest of the inhabitants living in that part of the
town of Symsbury in the county of Hartford that lies west of
the eastermost ledge of the West Mountains, (so called,)
praying to l)e made a distinct ecclesiastical society: Resolved
by this Assembly, that all the inhabitants that now do or
hereafter shall live west of the aforesaid east ledge of the west
mountains in said Symsbury, within the limits following, ^;^2: ;
bounding east on the aforesaid ledge, south on Farming-
ton bounds, and from the southwest corner bounds of the
said town of Symsbuiy to run northerly on the line dividing
between the town of Symsbury and New Hartford seven miles,
and then turns east-south-east and runs to the aforesaid east
ledge of the west mountains, be and they are hereby made to
be a distinct ecclesiastical society, with powers and privileges
as other ecclesiastical societies in this Colony do enjoy ; and
that said society shall be called and known by the name
West Symsbury.*

On the petition of Samuel Beamond, of Symsbury, vs. Mary
Thrall, of Windsor, executrix of the last will and testament
of John Thrall late of Windsor, deceased, as on file : The ques-
tion was put, whether the prayer of said petition should be
granted: Resolved by this Assembly in the negative.

[20] Upon the petition of John Bate, shewing that Sam-
uel Roberts had an action depending against him at tlie ad-
journed county court holden at New Haven in January last
past, by writ dated the oOth day of November, A. D. 1749, in
which court judgment was rendered against him, from which
judgment he moved for an appeal to the superior court held in
New Haven in February last, but by mere mistake bond for
the prosecution of said appeal was not given ; praying that
he might have liberty to enter the same action in the superior
court to be holden at New Haven in August next, and pro-
ceed to tryal as he might have done if the same appeal had
been entered in the superior court in February last : Where-
upon it is resolved by this Assembly, that the said John Bate
have liberty to enter the said cause in the superior court to
be holden at New Haven in August next, and that on his giv-

* Now Canton.

1750.] OP CONNECTICUT. 531

ing sufficient bond in said court to prosecute said appeal that
he have liberty to have said cause tryed by said court, and that
thereon the same cause shall proceed to final tryal by review
or otherwise, as it might have done if an appeal had been
entered in the superior court in said February ; and the whole
cost shall follow the final tryal.

Upon the petition of William Burr, of the society of Strat-
field in the county of Fairfield, executor of the last will and
testament of the Rev^i Mr. Samuel Cook late of said so-
ciety, now deceased, against Richard Hubbel and John
Wheeler, both of said society, and the rest of the inhabitants
of said society, setting forth that the petitioner bro't his action
against the said inhabitants of said society of X 8000 Os. Od.,
money, by his writ dated the 20th day of December, 1748,
which action came to a final tryal before the superior court
held in Fairfield on the last Tuesday save one of February
last, in which tryal tlie jury gave in their verdict that the
defendants were not guilty, and judgment was rendered ac-
cordingly, and costs taxed for the defendants ; complaining
that the jury missed the law in making their verdict aforesaid ;
praying that the said judgment may be set aside, and that he
might have liberty of another tryal in said case, as per the
petition on file appears : Resolved by this Assembly, that the
said judgment be set aside, and the same is hereby set aside
and made null and void, and the petitioner shall have liberty
of another tryal in said case before the superior court to be
held in Fairfield in and for the county of Fairfield on the last
Tuesday save one of August next ; and that the whole cost
shall follow the final judgment.

Upon the memorial of Joseph Hooker, William Porter and
William Wadsworth, selectmen of Farmington, shewing that
one John Chevers, who had some time lived in said town, did,
in the year 1747, abscond and run. away with a certain lewd
woman to some parts unknown to the memorialists, and tiiat
said Chevers did then leave Mary his wife, an aged, infirm
woman, and had never taken any care of her ; and that, to
prevent her perishing, the selectmen of said Farmington with
the advice of the civil authority apprized all the estate that
the said John had left, and took the same with the said Mary
into their care, and that said town had been and still was
at great charge to maintain said Mary, who could do nothing
to support herself; and that all the moveable estate left by the
said Chevers was spent therein, and that said town now owed
a large sum to the person that took the care of her ; and the
said selectmen further shewed, that there was eight acres of

532 PUBLIC RECORDS [.^^^J,

land with a small house and barn thereon, being in said
Farmington, that belonged to said Chevers ; and thereupon
praying for liberty to sell the same, and the money so raised
to be improved to pay the debt now owing for the support of
the said Mary, and for her future maintenance : Whereupon
this Assembly do direct and empower Mr. Samuel Thomson,
of said Farmington, to sell the said eight acres of land and
the buildings thereon to the highest bidder ; and the said
selectmen are hereby ordered and directed to improve the
money that shall be raised by the sale of the premises to
pay the said debt now owing, and the remainder to be for the
further support of said Mary ; and the said selectmen shall
keep upon record what sum the premises shall sell for, so that
if the said Mary do not live to spend the same, if any proper
claimer shall appear, that what is left (if any there be) may
be restored to such person making out his right to the same.

Upon the memorial of Nathaniel Johnson, Leicester Gros-
venor, and others, partly in the first society in Pomfret, and
partly of the parish of Abington in said town, complaining of
sundry things respecting the setting off and bounds and limits
[21] of said parish, &c., and praying for a committee, &c. : ||
Resolved by this Assembly, that Luke Perkins, Esq"", of
Groton, Jedadiah Chapman of Saybrook, Esq"", and Humphrey
Avery, Esq"", of Preston, be and they are hereby appointed a
committee to repair to said town of Pomfrett, (first duly
noticing all parties or persons concerned,) on some time to
[be] by them appointed, and after having there sufficiently
viewed the said town and parishes and heard said parties or
persons on their evidence and arguments touching the matters
in said memorial mentioned or referred to, and of what they
find with their opinion thereon to make report to this Assem-
bly in their sessions in New Haven in October next.

Additions to the Lists of Estate of the several Towns in this Gov-
ernment hereafter mentioned, sent in to this
Assembly.'are as follow, (viz:)

Single Additions. Fourfold Assessments.

To Hartford,

336

249

To New Haven,

1226

933

To New London,

387

626

To Fairfield,

915

474

To Windham,

146

592

To Midletown,

1678

345

To Farmington,

402

295

To Voluntown,

378

To Ashford,

360

175U.J

OP CONNECTICUT.

Single Additions.

Fourfold .

Asi

£ s.

To Greenwich,

1813

687 4

To Milford,

357

To New Milford,

290

To Colchester,

1295

To D anbury,

106

To Pomfrett,

623

,196 10

To East Haddam,

614

To Tolland,

To Windsor,

544

1992 12

To Waterbury,

620

513 8

To Bolton,

108

To Saybrook,

172

To Lyme,

761

67 4

To Hebron,

1183

To Norwalk,

739

238 5

To Killingworth,

285 10

To Wallingford,

869

403 2

To Litchfield,

298

To Woodstock,

1879

To Woodbury,

1622

To Stratford,

2438

To Coventry,

124

160 0

To Mansfield,

162

To Killingly,

3386

To Norwich,

715

798 8

To Branford,

705

To Canterbury,

2533

1204 16

To Groton,

977

879 0

To Stonington,

468

180 0

To Preston,

232

To Plainfield,

319

424 16

To Weathersfield,

1265

To Eidgfield,

To Stanford,

147

1023 2

To Lebanon,

934

3108 14

538

Abatements.
£62 lis.

The Sums Total of the Lists of the Polls and Rateable Estates of the

To-wns of Suffield and Endfleld, taken August, 1 749, and sent in

to this' Assembly and approved, are as follow, viz :

Suffield, £16725 lOs. Qd. Endfield, £8892 3s. M.

[22] Upon the memorial of the Reverend Mr. Samuel
Dorrance, shewing to this Assembly that he was settled in
the gospel ministry in the town of Voluntown, and that the
inhabitants of said town in their lawful meeting, June 3d,
1723, did covenant and agree to give him for his yearly salary

534 PUBLIC RECORDS [May,

five pence on the pound on all their rateable estate till the
same amounted to the sum of one hundred pounds a year,
and that to be his salary during his ministry there ; and that
a rate of five pence on the pound as aforesaid for several
years last past would amount to more than one hundred pounds
a year ; also shewing that the paper currency has greatly dis-
counted since the said agreement was made, and that the said
town have not, since the year 3 748, granted to him, the
memorialist, any salary ; and praying for relief in the premises :
Resolved by this Assembly, that the inhabitants of said town
of Voluntown shall pay unto the said Samuel Dorrance for
his service in the ministry amongst them from December A. D.
1748 until December 1749, the sum of three hundred and
fifty pounds in bills of credit of the old tenour, which shall
be levyed on the polls and rateable estate in said town on the
list made in August, 1749, and John Gibson of said Voluntown
is hereby appointed a collector to collect the same, with the
same power as other collectors in this Colony by law have ;
and said collector having collected said sum to pay the same
to said Mr. Dorrance, taking his receipt for the same.

Upon the memorial of Lieut. Joseph Hart, Jonathan Miller
and others, inhabitants living on the northern part of Farming-
ton on or near the divisions of land called Nod Divisions,
praying to be a distinct ecclesiastical society, &c. : Resolved
by this Assembly, that the memorialists and all those living
within the following bounds, viz : beginning at the river as
far south as the south side of John Orton's farm, and from
thence to run westerly in a straight line to a place called the
Black Oak Stand, thence further westerly in a highway to the
twenty rod highway by the reserved land, then turning north-
erly and running partly by said twenty rod highway and
partly by the west end of the said Nod Divisions to Symsbury
bounds, where is the northwest corner ; then beginning again
at said river on the south side of the said John Orton's farm,
and running easterly the course of said farm till it come to the
twenty rod highway by other reserved land, then turning and
running northerly, partly by said highway and partly by the
east end of said Nod divisions, to Symsbury bounds, thence
west by said Symsbury bounds to the aforesaid northwest cor-
ner of said Nod divisions, — shall be and they, and all others
now or hereafter living within the aforesaid limits and bounds,
are hereby made to be a distinct ecclesiastical society and
parish, by the name of Northingtou Parish,* with the same

* Now Avon.

1750.] OP CONNECTICUT. 535

powers and privileges as other ecclesiastical societies in this
Colony do enjoy.

Upon the memorial of Jolin Camp, shewing* to this Assem-
bly that he recovered a judgment against Samuel Weed, of
Derby, at the. county court held in New Haven on the first
Tuesday of April, A. D. 1747, for the sum of two hundred
and sixty-five pounds ten shillings money, and execution
granted out for the same, and proceeded to have the same
levyed on some of said Weed's real estate, and all before the
said Weed was convicted of counterfeiting bills of credit, &c. ;
shewing he was defeated, &c,., as by his memorial on file
appears ; praying this Assembly to grant him the sum of two
hundred and sixty-five pounds ten sliillings old tenour out of
the treasury of this Colony : Resolved by this Assembly, that
he, the said John Camp, shall have the sum of two hundred
sixty-five pOunds ten shillings, in bills of credit on the Colonies
of Rhode Island or New Hampshire, out of the publick treasury
of tliis Colony, if there be so much of that currency, if other-
wise, of the bills of credit of this Colony ; and that the
Treasurer pay the same in discharge of said judgment.

Upon the memorial of James North, of Farmington, shew-
ing to this Assembly that final judgment had been obtained
against him by the Governor and Company of this Colony,
before the superior court held at Hartford in March, 174f ,
for surrendry of about forty acres of land mortgaged by the
memorialist for the sum of .£252 10s. Od. money ; that before
said final judgment he had paid the greatest part of the princi-
pal sum and interest, but through misfortune and sickness had
not been able to pay the whole; praying for lil)erty of
redemption, <fec. : Resolved by this Assembly, that the said
memorialist have liberty, and liberty is hereby granted to him,
to redeem the said forty acres of land ; and upon his paying
into the publick treasury of this Colony the whole of what is
yet remaining of the principal sum and interest that hath
or shall arise thereon, within twelve months after the rising of
this Assembly, together with all cost arisen about said suit,
the committee for releasing the mortgages to this government
are directed to release back to the memorialist the said forty
acres of land under the seal of this Colony, the said judgment
notwithstanding.

On the memorial of the President and Fellows of Yale
College in New Haven : Ordered by this Assembly, that the
sum of one hundred sixteen pounds thirteen 'shillings and
six pence, in bills of credit on this Colony of the new tenour,
be allowed and paid out of the publick treasury to the said

536 PUBLIC RECORDS [May,

president and fellows, for the last half of the current year, to
be in lieu of what was granted them by this Assembly at their
sessions in May, Anno Dom. "1745.

[23] Upon the memorial of Humphrey Avery, of Preston,
shewing to this Assembly the great difficulty and distress
himself and family are brought to, by his dwelling house and
houseliold goods, cloaths &c., being consumed by fire ; pray-
ing for relief from this Assembly : Resolved by tliis Assembly,
that the memorialist have out of the publick treasury of this
Colony the sum of two thousand one hundi'ed pounds in bills
of credit of the old tenour on the Colony of Rhode Island or
New Hampshire, for the space of two years interest free,
provided he give bond with good and sufficient sureties to the
acceptance of William Pitkin, Esq'", and Mr. Joseph Bucking-
ham, of Hartford, for the repayment of the like sum in bills
of credit of the old tenour on this Colony into said treasury
at the expiration of said two years.

Upon the memorial of the inhabitants of the town of Union,
praying for a tax on all tlie lands in the said town of Union
for the space of four years, for the settlement and support of
the ministry among them : And thereupon this Assembly do
enact and order, that all the lands lying within the said town-
ship of Union as on record shall be taxed at twelve pence old
tenour bills per acre yearly, and in each year for the space of
four years, and that the collectors chosen by said town of
Union to collect their town rate shall collect the said land tax
as well of non-residents as inhabitants yearly and in each year,
and deliver the same to Mr. Samuel Strong and Mr. Abner
Sessions of said Union, who are hereby appointed a committee
to receive the same and dispose thereof for the purposes
aforesaid.

Upon the memorial of Jacob Baldwin, administrator on the
estate of Nath'. Baldwin late of Milford, deceased, shewing
to tliis Assembly that the debts due from the estate of the
said deceased surmount the moveable estate the sum of
<£47 5s. lOd., praying that some person might be impowered
to sell a small piece of land that did belong to the said
Nathaniel Baldwin, deceased, lying in said Milford, containing
about half an acre : Resolved by this Assembly, that Capt.
Nathan Baldwin of said Milford be appointed, and is hereby
impowered, to sell so much of said land as shall be sufficient
to pay said debt and charges arising on the sale aforesaid,
taking the directions of the court of probate in the district of
New Haven therein.

Upon the memorial of John Dwight, of Killingly, shewing

IT^jO.] of CONNECTICUT. 587

to this Assembly that in the night after the 18th day of
February last he had his house, together with his notes, bonds,
book-debts and credits and receipts of money paid, all con-
sumed by fire ; and praying this Assembly would appoint some
suitable persons a committee to summon before them all per-
sons that they, on the desire of said Dwight, shall think
proper, and enquire into the matter of his said losses, and to
report the matters of fact as they shall find them in the
premises to the Assembly in time to come, in order to the
Assembly's decreeing as may be proper thereon : Resolved by
this Assembly, that Ebenezer Holbrook of Pomfrett, Jose))h
Cadey of Killingly, and Jabez Fitch of Canterbury, Esq^s, be
a committee with full power, at the desire of said Dwight, to
summon before them any and every person that they shall
think proper, and enquire into the mattei's aforesaid by the
oaths of the parties and otherways as they shall think proper,
and thereon to report the matters of fact as they shall find
the^same, that the Assembly may proceed to do equity therein.

Upon the report of Colo. Elizur Goodrich, Messrs. Hez.
May and Nathaniel Holbrook, shewing tliat, pursuant to the
appointment of this Assembly, they have proceeded to view
the circumstances of the first society in Norwich, and having
first notified all parties and heard them in the premises they
have fixed a place for the building a meeting-house in said
society, viz: on the north side of the highway that leads to
Lebanon, near the west end of the town-house, and before
the meeting-house now standing in said society, where they
fixed a stake for the center of the foreside of said meeting-
house to be built, &c. : Resolved by this Assembly, that the
place where the said stake is fixed as aforesaid shall be and
the same is hereby fixed and ascertained to be the place for
the building said meeting-house on ; and the inhabitants of
said society are hereby directed to proceed and build said
meeting-house thereon according.

Upon the memorial of James Nickols, of Waterbury, shew-
ing that he was defeated of redeeming a piece of mortgaged
land to the Governor and Company of this Colony, as per his
memorial on file, praying liberty to redeem the same: Re-
solved by this Assembly, that the said James Nickols on his
paying into the treasury the principal sum borrowed, contained
in the mortgage referred to in said memorial, with the inter-
est thereof to the time of payment and all the cost arising
thereon with the additional sum of ten pounds old tenour, within
thirty days next after the rising of this Assembly, shall and

538 PUBLIC RECORDS [May,

may have a deed of release of said mortgaged premises in due
form accordingly.

Upon the memorial of Azariah Canfield, Gideon Noble and
Daniel Bostwick and others,' inhabitants of New Milford,
pi-aying that their bridge across the great river in said New
Milford should be a toll bridge, and that the fare thereof be
stated by tlys Assem!)ly, as by the memorial on file appears :
[24] It is granted, enacted and ordered, that the said l)ridge
be, and the same is hereby ordered to be, a toll bridge : and
that the fare thereof for all that pass the same (saving those
that have a list in said town) be two pence farthing for each
man, horse and load; one penny for each single person ; three
pence for each team, cart and load; and one penny ])er head
for each horse and neat kine led or driven over said bridge ;
and an half penny for each sheep or swine driven over the
same ; all said fares to be reckoned in proclaniation money
or in publick bills of credit equivalent thereto ; and that the
said toll i-emain for the space of five years from the rising of
this Assembly, and no longer.

Upon the memorial of the inhalntants of the town of Tor-
rington, praying for a tax on the lands in the said town for
the support of the gospel ministry there : This Assembly do
grant a tax or rate of six pence in old tenour bills upon the
acre on all the lands contained in the first and second divis-
ions in said town of Torrington for three years next coming,
to be collected by the collectors chosen in said town in each
year, and by said collectors to be paid unto the selectmen of
the said town of Torrington for the time l>eing, by them to be
improved for the support of the gospel ministry amongst them.

tjpon the memorial of Simeon June, of Stanford, adminis-
trator on the estate of Peter June late of Stanford, deceased,
shewing to this Asseml)ly that the dcl)ts due from tlie estate
of the said deceased surmount the personal estate of the said
deceased the sum of £66 f)s. Hid. money old tenour, and
praying for liberty to sell lands of the said deceased sufficient
to enable said administrator to pay said debts : Resolved by
this Assembly, that said administrator hath hereby liberty to
sell so much of the real estate of the said deceased, under the
direction of the court of probate in the district of Stanford, as
to enable said administrator to pay said debts with the neces-
sary charges arising on the sale of said lands.

Upon the report of Jonathan Truml)le and John Bulkley,
Esqi'S and Capt. Nath'. Foot, who were a committee appoint-
ed by this Assembly at their sessions in October last, to fix
the place foi- building a meeting-house in the third parish in

1750.] OP CONNECTICUT. 539

Midletown : It is ordered by this Assembly, that said parish
erect their meeting-house for the worship of God so as to en-
close a stake with stones about it within the sills of said
house, which stake was set up by said committee and stands
a little distance to the westward of a certain stake fixed by
two former committees, as is on land sequestered for the use
of the Indians: but in case the land where the said stake is
set cannot be purchased of the Indians by liberty of the town
of Midletown, that then the said meeting-house be luiilt in
the highway southward from said stake and in direct opposi-
tion thereto, so as to encompass another stake set up by said
committee in said highway.

Upon the memorial of John Bnlkley, Charles Bulkley,
Elisha Sbeldon and Richard Mather, praying this Assembly to
grant them the use of four carriage and six swivel guns that
belong to the government and were lately used in the country
sloop Defence, and some small quantity of shot suitable for
said guns, to be improved by them in a voyage to the coast
of Guinea, or to Jamaica and the Bay of Honduras, as they
may think best : Resolved by this Assembly, that the me-
morialists have liberty to take, for the purpose aforesaid, four
carriage and six of the swivel guns aforesaid and a suitable
quantity of shot, they giving bond to the Governor and Com-
pany of this Colony, to the acceptance of Gurdon Saltonstall
and Jeremiah Miller, Esq^s, to return the said guns and shol
again in good condition within one year after the rising of
this Assembly, or in case of loss to pay the value thereof in
money.

Upon the memorial of Elizabeth Hall, guardian to Giles
Hall, an impotent minor, son of Jacob Hall late of Walling-
ford, deceased, shewing her inability to support said Giles,
praying that some person may be appointed to make sale of
said impotent minor's real estate for that purpose : Resolved
by this Assembly, that Mr. Peter Hall of said Wallingford
be, and hereby is, appointed and authorized to make sale of
said impotent Giles's 'estate aforementioned to the best
advantage of said minor, to be improved for the use and
support of said Giles accordingly.

Upon the memorial of Mehitabel Strong and Eliakim
Strong, of Durham in the county of New Haven, administra-
tors upon the estate of Eliakim Strong late of said Durham,
deceased, shewing that the moveable estate leit by the said
deceased falls short of being sufficient to answer the debts
due from the said Eliakim Strong the sum of ^140 10s. Id.:
This Assembly do impower and direct the said administrators,

540 PUBLIC RECORDS [May,

(taking the advice of the court of probate in the district of
Guilford,) to sell so much of the lands that belonged to the
said deceased as will raise the said sum of X140 10s. Id.
with the incident charges arising thereon, and with that sum
pay the debts aforesaid.

[25] Upon the memorial of William Andruss and Mary
his wife, administrators on the estate of Moses Yale late of
Wallingford, deceased, shewing this Assembly the debts due
from the estate of said deceased, over and above what this
Assembly in May last granted liberty to sell land to make
payment of the sum of .£122 10s. Od. money old tenour, and
praying liberty to sell lands &c. : Resolved by this Assembly,
that the memorialists have liberty hereby to make sale of so
much of the lands of the said deceased, under the direction
of the court of probate in New Haven, as to enable said
administrators to pay the aforesaid debts with the incident
charges arising on tlie sale of said land.

Upon information made to this Assembly, that the tribe
of the Moheage Indians had chosen Ben Uncass (the son of
their late sachem) to be their Sachem, and the said sachem
chosen as aforesaid appearing before this Assembly, desiring the
countenance and protection of this his Majesty's government :
Whereupon this Assembly do declare, they shall regard the
said Ben Uncass as Sachem of the said tribe, and do advise
him to govern the said Indians with prudence and according
to those articles agreed on by the said sachem and the said
tribe.

Upon the memorial of Martha Marsh, of Killingly in the
county of Windham, administratrix on the estate of Mr.
Samuel Marsh late of said Killingly, deceased, shewing to
this Assembly that the debts due from said deceased surmounts
the personal estate the sum of .£114 '2s. Od. and praying that
so much of the real estate of said deceased may be sold as to
enable her to pay the said sum of <£114 2s. Od. with the
charges arising thereon : This Assembly do order and appoint
Mr. James Coats of said Killingly, lo sell so much of said
deceased's real estate as shall amount to the sum of X114
2s. Od. old tenour with the necessary ciiarges thereon, taking
the advice of the judge of probate for the district of Plainfield
therein.

Upon the memorial of Mary Kilborn, administratrix on
tlie estate of Samuel Kilborn late of Litchfield, deceased,
shewing this Assemljly that the debts due from the estate of
the said deceased surmount the moveable estate of said
deceased the sum of <£193 Os. Od. money, and praying for

1750.] OP CONNECTICUT. 541

liberty to sell lands of said deceased to pay said debts, &c. :
Resolved by this Assembly, that said administratrix be and is
hereby impowered to sell so much of the lands of the said
deceased as to enable her to pay the aforesaid debts with the
incident charges arising on the sale of said lands ; taking the
direction of the court of probate in the district of Litchfield
therein.

On the memorial of Mathew Seamore and Nathan St. John,
administrators on the estate of Nathan St. John late of
Ridgefield, deceased, praying for liberty to sell some of the
lands of said deceased for the payment of debts amounting
to the sum of XlllO lis. dd. : This Assembly do impower the
said administrators to sell so much of the lands of said deceased
as shall procure the sum of £1110 17.s. 9^. oldtenour as afore-
said with the additional charges, taking the direction of the
court of probate in the district of Danbury therein.

On the memorial of Joseph Howd, administrator on the
estate of John Howd late of Brandford, deceased, shewing to
this Assembly that the debts due from said estate surmount
the personal estate the sum of X133 10*-. Be?., praying that he
may be impowered to sell so much of the lands of said
deceased as to procure the aforesaid sum : This Assembly do
hereby impower said administrator to sell so much of the
lands of said deceased as to procure the aforesaid sum of
X133 10s. 6d. old tenour with the additional costs ; taking
the direction of the judge of probate in the district of Guilford
therein.

Upon the memorial of Mary Deming, administratrix on the
estate of Nath'. Deming late of Weathersfield, deceased, sliew-
ing to this Assembly that the debts due from said estate
surmount the moveables the sum of X231 18s. Qd.., praying
that some suitable person may be appointed to sell so much
of the real estate of the said deceased as will pay the sum
aforesaid with incident charges arising on said sale : Resolved
by this Assembly, that Capt. Jonathan Belden of Weathers-
field be, and he is hereby, impowered to make sale of so much
of the real estate of the said deceased as will l)e sufficient to
pay the aforesaid sum of X231 18s. 6d. with the incident
charges arising thereon ; taking the direction of the court of
probates in the district of Hartford therein.

On the memorial of the inhabitants of Judea parish, in
Fairfield county, praying for a tax on all the lands lying in
said parish for the space of four years, and the money so
raised to be improved for building and finishing a meeting-
house in said parish, in lieu of the tax granted by this

542 PUBLIC RECORDS [May,

Assembly in May last for that purpose : Resolved by this
Assembly, tliat there be and hereby is granted a tax on all the
[2(3] lands lying in said parish of || Judea, at the rate of
three pounds old tenonr on every hundred acres, and for
greater or lesser quantities according to the rate aforesaid,
the quantity whereof to be estimated according to the original
surveys thereof, to be levyed as aforesaid annually for the
space of four years, in lieu of the tax granted by this Assem-
bly in May last, as aforementioned ; the first tax to be levyed
and paid on or before the last day of October next, and so
annually for and during the space of four years. And the
collector annually chosen by said parish to collect their socie-
ty rate is hereby authorized and appointed to collect the tax
granted as aforesaid, and annually to pay the same to the
committee of said society, to be by them improAed for IniiUling
and finishing a meeting-house in said society.

Upon the memorial of John Pinch, administrator on the
estate of John Finch late of Stanford, deceased, shewing to
this Assembly that after an order of this Assembly to sell
lands of said deceased for payment of debts then found to be
due from said estate over and above the personal estate of the
said deceased, there hath since appeared more debts due from
said estate amounting to the sum of £64 Is. lOd. old tenour,
which were exhibited and allowed in the court of probate for
the district of Stanford held on tiie 24th of April last, as may
appear by certificate under the hand of the clerk of said
probate ; praying for liberty to sell so much more of the real
estate of the said deceased as may be sufficient to answer the
said sum of £64 Is. lOd. old tenour with the necessary
charges arising on the same, taking the advice of the court
of probate in the district of Stanford therein : This Assem-
bly grants liberty to the memoi-ialist to sell so much of the
land of the said deceas'd as to pay the sum of .£64 1^-. lOd.
old tenour with the necessary charges that shall arise on the
sale of said land, taking the advice of the court of probate in
the district of Stanford therein.

Upon the memorial of Rol)ei-t Moore, of Union, and others,
shewing that one Alexander McNall of said Union had exe-
cuted a certain deed to William McNall, father to sundry of
the memorialists, and had died without acknowledging the
same, and thereon praying relief, &g. : Resolved by tliis As-
sembly, that the said deed by said Alexander McNall executed
to his said father, dated January 18th, 174f , of and for the
eastern half of the farm on which the said William McNall
then dwelt on in said Union, shall to all intents and purposes

1750.] OF CONNECTICUT. 543

ill any tryal hereafter ever to be had touching said land there-
in mentioned, be accounted and deemed as good and legal evi-
dence and so admitted and accepted to and by any court or
jury, for the defending, recovering or sure holding said eastern
part of said farm to the heirs of the said William McNall and
their assigns, as thO the same had been in due form of law
acknowledged by the said Alexander in his life time.

Upon the memorial of Benjamin Peck, of Lyme, adminis-
trator on the estate of William Peck, an infant son ol" William
Peck late of Lyme, deceased, shewing to this Assembly that
sundry payments of charge arising in the sickness of said
deceased, funeral charge, court fees, <fec., amounts to the sum
of £38 OS. Od. old tenour bills; that the whole inventoried
estate of said deceased amounts to the sum of £800 Os. Od.
old tenour. being all real estate; praying this Assenil)ly to
impower some person to sell so much of the land of said de-
ceased as shall amount to the sum of <£38 os. Od. with the
incident chaiges arising thereon : Resolved by this Assembly,
that Benjamin Peck be impowered to sell so much of the lands
of the said William Peck, deceased, son to William Peck for-
merly of Lyme, deceased, as shall amount to the sum of £oS
OS. Od. old tenoui- with the incident charges arising thereon,
where it will be least prejudicial to the heirs of said estate ;
taking the direction of the court of probate in the distiict of
New London therein.

Upon the memorial of Elizabeth Palmer, executrix of the
last will of Ichabod Palmer the 2d, late of Stonington, deceased,
shewing to this Assembly that the debts due from said estate
surmount the moveable estate the sum of X1567 18s. Od.,
praying to this Assembly that some proper person may be
impowered to sell so much of the lands of said deceased as to
pay said sum : Resolved by this Assembly, that Thomas Noyes
jun'", of said Stonhigton, be impowered and he is hereby im-
powered to sell so much of the lands of the said Ichabod
Palmer as to pay the sum of ,£1567 13s. Od. in bills of credit
old tenour and the incident charges arising on the sale thereof;
taking the advice of the court of probate in the district of
New London therein.

Upon the memorial of Preserved Randal, administratrix on
the estate of Jonathan Randal late of Groton, deceased, shew-
ing to this Assembly that the debts due from said estate sur-
mount the moveable estate the sum of £241 17s. 6d., prayiiig
for liberty to sell so much of the lands of said deceased as will
pay said sum with the charges arising thereon : Resolved by
this Assembly, that the memorialist, with Henry Pelton of

544 PUBLIC RECORDS [May,

said Groton, shall have liberty and they are hereby impowered
to sell so much of the lands of the said Jonathan Randal,
deceased, as will pay the sum of X241 17s. Qd. with the
necessary charges arising thereon ; taking the advice of the
court of probate in the district of New London.

Upon the memorial of Sarah Clark, administratrix on the
estate of Noah Clark late of Colchester, deceased, shewing to
this Assembly that the debts due from said estate surmount
[27] the II moveables the sum of X616 Ss. bd. of the old tenour,
and praying that some meet person might be appointed to sell
so much of the real estate of the deceased as shall amount to
the sum of .£616 3s. bd. with the necessary charges arising
thereon : Resolved by this Assembly, that Nathaniel Foot,
Esq'', be impowered and is hereby impowered to sell so much
of the real estate of the deceased as shall satisfie the sum of
X616 OS. 5c?. with the necessary charges arising thereon ;
taking the direction of the court of probate for the district of
East Haddam therein.

On the petition of Jedadiah Andrews, of New Haven, vs.
Hannah Sandford, of New Haven, on file: The question was
put, wliether the prayer thereof should be granted : Resolved
by this Assembly in the negative. Cost allowed respondent
£40 8s. Od. Ex. granted May 18th, 1750.

On the petition of Stephen Tilden, of Lebanon in the county
of Windham, vs. Samuel Dewey of said Lebanon, by continu-
ance from this Court in October last, as on file : The question
was put, whether the pleas offered in abatement of said petition
are sufficient : Resolved by this Assembly in the affirmative.
Cost alloived respondeyit £15 10s. 4c?. Ex. granted August
Uth, 1750.

On the petition of Benjamin Gale, of Killingworth, vs. Jacob
Franks, of the City and Province of New York, as on file :
The question was put, whether the prayer of the petitioner
should be granted : Resolved by this Assembly in the negative.

On the petition of Reuben Royse, Jonathan Hall jun^, Isaac
Hall, Benjamin Yale and Amos Camp, all of Wallingford, os.
Joseph Bate junr, and Jeremiah Brainerd, both of East Haddam,
by continuance from this Court in October last, as on file : The
question was put, whether the prayer of said petitioner should
be granted : Resolved by this Assembly in the negative. Cost
allotv^d respondent, X31 15s. Oc^.

On the petition of Joseph Barnerd, of Hartford, vs. Joseph
Moore, of Windsor, by continuance from this Court in October
last, as on file : The question was put, whether anything should

1750.] OP CONNECTICUT. 545

be granted on the prayer of said petition : Resolved by this
Assembly in the negative.

On the petition of Charles Dewey, of Hebron, vs. Jabez
Huntington, Esq"", of Windham, sheriff of the county of Wind-
ham : The question was put, whether the prayer of the peti-
tioner should be granted : Resolved by tliis Assembly in the
negative.

On the petition of William Watkins, Thomas Tiffany, Isaac
Randal and John Holmes, (and others subscribing to said
petition,) all of Ashford, vs. James Bicknal, Esq"", one of
the selectmen of the town of Ashford, and the rest of the in-
habitants of the town of Ashford, as on file : The question
was put, whether any thing should be granted on the prayer
of said petition : Resolved by this Assembly in the negative.
Cost allowed respo7idents., £1 18s. Sd.

This Assembly grants to the Honourable Jonatlian Law,
Esq"", Governor, for liis first half year's salary, the sum of one
hundred and thirty pounds in new tenour bills of credit, and
the sum of ten pounds new tenour for his extraordinary
service.

This Assembly grants to the Hon^'e Roger Wolcott, Esq"",
Deputy Governor, for his first half year's salary, the sum of
sixty-five pounds in new tenour bills of credit, and five pounds
in new tenour bills for his extraordinary service.

This Assembly grants to Nathaniel Stanly. Esq"", Treasurer
of this Colony, the sum of two hundred and fifty pounds in
bills of credit of this Colony of the old tenour, or equivalent
in new tenour bills of credit, for his salary the year past.

This Assembly grants to George Wyllys, Esq^, Secretary of
the Colony, the sum of ten pounds in bills of credit of this
Colony of the new tenour, for his salary the year past.

This Assembly grants unto Mr. Timothy Green, printer,
for his last half year's salary, the sum of seventeen pounds
ten shillings new tenour bills of credit.

This Assembly do appoint William Pitkin, Esq"", John
Chester, Esq^, Colo. Thomas Welles, Colo. Joseph Pitkin, Mr.
Joseph Buckingham, Major Henry Allyn, a committee to at-
tend his Honour the Deputy Governor, to hear the records of
the acts and doings of this Assembly read off, and see them
signed by the Secretary as perfect and compleat.

The aforegoing Record of the Acts and Doings of this As-
sembly, being read off' in the presence of the major part of the
committee abovenamed, was signed

George Wyllys, Secret' v.
69

546 PUBLIC RECORDS [October,

[28] Anno Regni Regis G-eorgii isecuiidi vigesimo-quarto.
At a General Assembly holden at New Haven in his Maj-
esty's English Colony of Connecticut in New England
in America, on the second Thursday op October, (being

THE 11th day of said MONTH,) AND CONTINUED BY SEVERAL
adjournments until THE FIRST DAY OF NOVEMBER NEXT

FOLLOWING, annoque Domini 1750.
Present :

The Honourable Jonathan Law, Esq"", Governor.

The Hon^ie Roger Wolcott, Esq"", Deputy Governor.
Samuel Lynde, Jonathan Trumble, ^
William Pitkin, John Bulkley,

Thomas Fitch, Andrew Burr, ^^Esqi^^ Assistants.

Roger Newton, John Chester,
Ebenezer Silliman, Gurdon Saltonstall, J
Representatives or Deputies that attended at this Assembly are

as follow, (viz:)
Colo. Joseph Pitkin, Mr. Thomas Seymour, for Hartford.
Capt. Stephen Lee, Mr. William Manwaring, for New London.
Mr. Jonathan Huntington, Colo. Jabez Huntington, for Wind-
ham.
Major Phinehas Lyman, Capt. Samuel Kent, for Suffield.
Colo. Jonatlian Hoit. Mr. Abraham Davenport, for Stanford.
Capt. William Williams, Capt. Ebenezer Avery, for Groton.
Mr. Ambrose Whittelsey, Capt. John Murdock, for Saybrook.
Mr. Caleb Baldwin, Capt. Ephraim Peck, for Newtown,
Capt. Ephraim Terry, Capt. Elijah Williams, for Endfield.
Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury.
Mr. Bushnel Bostwick, Mr. Thomas Noble, for New Milford.
Mr. Zebulon West, Mr. John Lothrop, for Tolland.
Colo. Elizur Goodrich, Caj)t. Jonathan Belden, for Weathers-
field.
Capt. John Hubbard, Capt. Isaac Dickerman, for New Haven.
Mr. David Rowland, Capt. John Read, for Fairfield.
Mr. Ebenezer Hartshorn, Capt. William Whiting, for Norwich.
Mr. Ebenezer West, Major Joseph Fowler, for Lebanon.
Mr. Henry Bowen, Colo. Thomas Chandler, for Woodstock.
Capt. John Fowler, Mr. Robert Treat, for Milfovd.
Mr. Robert Knowlton, Capt. William Watkins, for Ashford.
Capt. William Buel, Capt. Joseph Phelps, for Hebron.
Mr. Joseph Strong, Mr. Phinehas Strong, for Coventry.
Mr. Andrew Robey, Capt. Nath'. Holcomb, for Symsbury.
Mr. Stephen Cone, Mr. Joel White, for Bolton.
Mr. John Lumm, Capt. Abel Gun, for Derby.

1750.] OP CONNECTICUT. 547

Mr. Josiah Rogers, Oapt. William Hoadly, for Branford.
[29] Mr. James Benedict, Capt. Richard Olmstead, for Ridg-

field.
Capt. Samuel Addams, Capt. Theophilus Nickols, for Stratford.
Mr. John Hooker, Mr. Nathaniel Newell, for Farmington.
Capt. Joseph Denison, Mr. Samuel Prentiss, for Stonington.
Colo. John Dyer, Mr. Solomon Tracey, for Canterbury.
Mr. Jonathaji Dean, Mr. Ezekiel Pierce, for Plainfield.
Mr. Thomas Benedict, Mr. Benjamin Sperry, for Danl)ury.
Mr. Samuel Minor, Mr. Benjamin Hickcox, for Woodberry.
Capt. Jonathan Lane, Capt. Nathan Kelsey, for Killingworth.
Major Daniel Ely, Mr. Joseph Mather, for Lyme.
Colo. Samuel Hill, Major Timothy Stone, for Guilford.
Major Jabez Hamlin, Capt. Joseph Southmaid, for Midlctown.
Capt. William Wittar, Capt. Ebenezer Leonard, for Preston.
Mr. Joseph Spencer, for East Haddam.
Mr. Hezekiah Brainerd, for Haddam.

Major Ebenezer Marsh, Capt. Joseph Sandford, for Litchfield.
Capt. Charles Bulkley,Mr. John Chamberlain, for Colchester.
Capt. Robert Dixson, Mr. John Smith, for Voluntown.
Mr. Peter Aspinwell, Capt. William Williams, for Mansfield.
Mr. Daniel Bissell, Mr. William Wolcott, for Windsor.
Mr. Jacob Dresser, Mr. Boaz Stearns, for Killingly.
Colo. Benjamin Hall, Capt. Josiah Robinson, for Wallingford.
Major Elihu Chauncey, Mr. James Wadsworth j^, for Durliam.
Mr. Samuel Fitch, Mr. Joseph Piatt, for Norwalk.
Mr. Stephen Hopkins, Mr. Timothy Judd, for Waterbury.
Mr. Ebenezer Holbrook,Mr. Samuel Nightingale, for Pomfrett,
Capt. John Mead, Mr. Gersiiom Lockwood, for Greenwich.
Colo. Thomas Welles, Speaker, ) of the House of Repre-
Mr. Abraham Davenport, Clerk, ) sentatives.

Whereas the Great and General Court or Assembly of the
Province of the Massachusets Bay, held at Boston upon the
2od day of November, 1749, appointed Commissioners to
treat with such gentlemen as were or might be appointed by
this government, relating to the claims of the towns of Wood-
stock, Suffield, Endfield and Summers, to be under the juris-
diction of this government: And whereas this Court is desir-
ous that all suitable measures may be taken for accommoda-
ting and settling the matters of difference between the two
governments respecting the divisional line, on account of
which the said towns make their aforesaid claim : It is now
resolved by this Assembly, that Commissioners be appointed
on the part and behalf of this government, to treat with such
commissioners as have been appointed, or may be appointed,

548 PUBLIC RECORDS [October,

on the behalf of the said Province, relating to the aforesaid
claim of the said towns and the matters of difference re-
specting the divisional line between the two governments, and
to make report to this Assembly of their doings and proceed-
ings therein.

And Jonathan Trumble, John Bulkley, Roger Wolcott jun"",
and Joseph Fowler, Esq^s, or any three of them, are hereby
appointed Commissioners for the purpose aforesaid ; and his
Honour the Governor is desired to commission them accord-
ingly, and inform the government of the Massachusets hereof,
and confer with them about time and place of meeting on the
business aforesaid.

This Assembly do establish and confirm Mr. James Peck
jun^, to be Captain of the first company or trainband in the
town of New Haven, and order that he be commissioned
accordingly,

[30] This Assembly do establish and confirm Mr. David
Austin to be Lieutenant of the first company or trainband in
the town of New Haven, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Abraham
Thompson to be Ensign of the first company or trainband
in the town of New Haven, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Eleazer Fitch
to be Lieutenant of the first company or trainband in the
5th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Eleazer Cary
jun"^, to be Ensign of the first company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel Hand-
ford to be Captain of the company or trainband at the parish
of Canaan, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. James Hait
to be Lieutenant of the company or trainband at the parish of
Canaan, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Caleb Benedict
to be Ensign of the company or trainband at the parish of
Canaan, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Japhet Benham
to be Captain of the 4th company or trainband in the town of
New Haven, and order that he be commissioned accordingly.

1750.] OF CONNECTICUT. 549

This Assembly do establish and confirm Mr. Deliverance
Painter to be Ensign of the 4tli company or trainband in the
town of New Haven, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Daniel Hide to
be Lieutenant of the company or trainband at the parish of
Ripton in the town of Stratford, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Elihu Ketchum
to be Captain of the south company or trainband at the town
of Sharon, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Daniel Hunt
to be Lieutenant of the south company or trainband in the town
of Sharon, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Thomas Crippen
to be Ensign of the south company or trainband in the town of
Sharon, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Edward Massey
to be Captain of the 12th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Parry
to be Lieutenant of the 12th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Benjamin Sum-
ner to be Ensign of the 12th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Beckley
to be Lieutenant of the 18th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Beckley
to be Ensign of the 18th company or trainband in the 6th regi-
ment in this Colony, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Benjamin Frizzel
to be Captain of the first company or trainband in the town
of Woodstock, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Andrew Durkee
to be Lieutenant of the first company or trainband in the town
of Woodstock, and order that lie be commissioned accordingly.

550 PUBLIC RECORDS [October

This Assembly do establish and confirm Mr. John Carpenter
to be Ensign of the first company or trainband in the town
of Woodstock, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jabez Lyon
to be Captain of the 8d company or trainband in the town of
Woodstock, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Nehemiah May
to be Lieutenant of the 3d company or trainband in the town
of Woodstock, and order that lie be commisioned accordingly.

[ol] This Assembly do establish and confirm Mr. Ephraim
Child jun"", to be Ensign of the 3d company or trainband in the
town of Woodstock, and order that he be commissioned accord-
ingly.

On the memorial of the President and Fellows of Yale Col-
lege in New Haven : Ordered by this Assembly, that the sum
of one hundred sixteen pounds thirteen shillings and sixpence
in bills of credit on this Colony of the new tenour be allowed
and paid out of the publick treasury to the said president and
fellows, for the first half of the current year, to be in lieu of
what was granted them by this Assembly at their sessions in
May, anno JJom. 1745.

Whereas divers acts have been made and passed by the
Parliament of Great Britain, which concern the plantations,
and this Colony in particular, printed copies of which have
from the Secretaries of State or Board of Trade been trans-
mitted to the Governor and Company of this Colony with
orders to cause the same to be duly published herein, to the
end his Majesty's subjects in this Colony may be acquainted
with and conform themselves to the said acts so far as they
concern this Colony ; which acts having Ijeen laid before this
Assembly from time to time by the Governor, the same have
been by order of this Assembly published according to the
orders therewith sent : And whereas his Honour the Governor
hath laid before this Assembly several acts of Parliament,
lately transmitted as aforesaid, and as the said acts do in
many things concern his Majesty's subjects here, with which
it may be necessary they be well acquainted :

Therefore, it is resolved, That all such acts of Parliament
as have been transmitted as aforesaid, which have heretofore
been published, and all such as have been more lately trans-
mitted as aforesaid, shall be reprinted by the printer to the
Governor and Company of this Colony, and stitched together,
and lie distributed into the several parts of this Colony, at
least one to every town therein, to be lodged in the hands of
the town clerk for the use of the inhabitants as there may be

1750.] OF CONNECTICUT. 551

occasion. And his Honour the Governor is desired to collect

together all those acts of Parliament transmitted as aforesaid,

and send them to the printer with orders according to this

resolve.*

The Gentlemen nominated by the Votes of the Freemen sent in to

this Assembly, to stand for election in May next, are as

follow, viz :

The Hon^-'e Jonathan Law, Esq'".
The Honb'e Roger Wolcott, Esq^.

*They were printed by Timothy Green at New London, 1751, in seventeen
sheets folio, thirty-four leaves. There is no proper title-page to the whole book,
but there are seven titles dividing the acts of different sessions, the first of which
is as follows :

The acts contained in the book are :

An Act for ascertaining the Rates of Forein Coins in Her Majesty's Plantations
in America. [6 Anna;, cap. XXX.]

Instructions to the Governor etc. bv the Lords Justices, 1740. [Printed in the
note at p. 352, vol. VIII.]

An Act giving further Encouragement for the Importation of Naval Stores ;
and for other Purposes therein mentioned. [8 Geo. cap. XII.]

An Act for better Regulation of His Majesty's Woods in America ; and for the
Encouragement of the Importation of Masts, Yards, and Bowsprits, from that
Part of Great Britain called Scotland. [2 Geo. II. cap. XXXV. Only parts of
sections 1 and 2 reprinted.]

An Act for the more Easie Recovery of Debts in His Majesty's Plantations,
and Colonies in America. [5 Geo. II. cap. VII.] Printed aiite, vol. VII., pp.
441 -.3.

An Act for the more effectual Securing, and Encouraging the Trade of His
Majesty's Britisli Subjects to America; and for the Encouragement of Seamen
to Enter into His Majesty's Service. [13 Geo. II. cap. IV.]

An Act for encouraging the People known by the Name of Unitas Fratrum, or
United Brethren, to settle in his Majesty's Colonies in America. [22 Geo. II.
cap. XXX. ]

An Act for the further Encouragment and Enlargement of the Whale Fishery,
and for continuing such Laws as are therein mentioned relating thereto ; and for
the Naturalization of such Forein Protestants, as shall serve for the Time therein
mentioned, on Board such Ships as shall be fitted out for the said Fishery. [22
Geo. II. cap. XLV.]

An Act for encouraging the Growth and Culture of Raw Silk in His Majesty's
Colonies or Plantations in America. [23 Geo. II. cap. XX.]

An Act to encourage the Importation of Pig and Bar Iron from His Majesty's
Colonies in America ; and to prevent the Erection of any Mill or other Engine
for Slitting or Rolling of Iron ; or any Plateing Forge to work with a Tilt Ham-
mer ; or any Furnace for making Steel in any of the said Colonies. [23 Geo. II.
cap. XXIX.]

An Act for extending and improving the Trade to Africa. [23 Geo. II. cap.
XXXL]

I am indebted to the kindness of Mr. George Brinley for the use of a copy
belonging to the library of his late father. Green's bill for the printing is in
Civil Officers ^c. III. 280.

552 PUBLIC RECORDS [October,

James Wadsworth, Esq''. Andrew Burr, Esq^

Samuel Lynde, Esq"". John Chester, Esq"".

William Pitkin, Esq"". Gurdon Saltonstall, Esq'.

Thomas Pitch, Esqr. Colo. Joseph Pitkin.

Roger Newton, Esq"". Colo. Thomas Wells.

Ebenezer Silliman, Esq^ Capt. Roger Wolcott.

Jonathan Trumble, Esqf. Colo. Benjamin Hall.

Hez'^. Huntington, Esq^ Colo. Elisha Williams.

John Bulkley, Esq^. Mr. John Griswould.

This Assembly do establish and confirm Mr. John Warner
to be Captain of the 9tli company or trainband in the 6tli
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Thomas Curtiss
to be Lieutenant of the 9th company or trainband in tlie 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. John Percival
to be Ensign of the north company or trainband in the first
society in East Haddani, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Daniel Gates
2d, to be Captain of the north company or trainband in tiie first
society in East Haddam, and order that lie be commissioned
accordingly.

This Assembly do establish and confirm Mr. Stiles Curtiss
to be Captain of the second company or trainband in tiie town
of Stratford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Israel Curtiss
to be Lieutenant of the second company or trainband in the
town of Stratford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Samuel Whiting
to be Ensign of the second company or trainband in the town
of Stratford, and order that he be commissioned accordingly.

[32] Whereas the divisional line between the Province of
the Massachusets Bay and this Colony remains unsettled, not-
withstanding the propositions and endeavours used by this
government for that purpose ; and although this Assembly is
disposed to make a just and amicable settlement relating
thereto, and for that end have heretofore, and again at this
Assembly, appointed Commissioners to meet with Commis-
sioners from the said Province, to treat upon that subject in
order to an agreement : yet, to prevent a surprize from any

1750.] OP CONNECTICUT. 553

method that shall be pursued by that government in their
application to the Court of Great Britain, and to forward a
speedy obtaining a settlement by commissioners appointed by
liis Majesty, in case the aforesaid amicable method should fail :
Therefore, it is resolved, that the state of the case and pre-
paration of evidence relating thereto be forthwith made and
sent forward to our Agent, agreeable to the act of Assembly
in May, 1749, and the Honi'ie Roger Wolcott, Esq^, be desired,
and Major Phinehas Lyman be appointed, and they are hereby
desired and appointed, to joyn with and assist his Honour the
Governor and Thomas Fitch, Esq"", the committee appointed
in May last, in stating the said case and preparing the evidence
relating thereto. And, forasmuch as this Assembly have ap-
pointed Commissioners to treat with Commissioners from that
Province : Therefore, his Honour the Governor is hereby de-
sired with all convenient speed to forward the state of the case,
and the evidences relating thereto, and direct the Agent of
this Colony that, unless the Agent from the Province shall
push forward any thing on their parts, he is desired not to
put forward anything in the case until it be known whether
tlie Province shall appoint Commissioners to treat upon said
subject, and whether anything be done thereon, and be further
advised upon it.

This Assembly do establisli and confirm Mr. Isaac Foot to
be Lieutenant of the 3d company or trainband in the town
of Branford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Nathan Hawley
to be Lieutenant of the company or trainband at the parish
of North Stratford in the town of Stratford, and order tbat he
be commissioned accordingly.

This Assembly do establish and confirm Mr. John Porter to
be Ensign of the company or trainband at the parish of North
Stratford in the town of Stratford, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Moses Baldwin
to be Lieutenant of the 13th company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Andrew Warner
to be Ensign of the 13th company or trainband in the 7th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel Hobart
Burdick to be Captain of the 6th company or trainband in the

554 PUBLIC RECORDS [October,

town of Stonington, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Joseph Palmer
to be Ensign of the 6th company or trainband in the town of
Stonington, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Denison
to be Captain of the 5th company or trainband in the town of
Stonington, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Phinehas Stan-
ton to be Lieutenant of the 5th company or trainband in the
town of Stonington, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Elisha Warner
to be Lieutenant of the second company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel Stetson
to be Ensign of the second company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Joseph Massey
to be Captain of the 2d company or trainband in the town of
Woodstock, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Bugbee
to be Lieutenant of the 2d company or trainband in the town
of Woodstock, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Nathaniel John-
son to be Ensign of the 2d company or trainband in the town
of Woodstock, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. John Chatfield
to be Lieutenant of the 2d company or trainband in the town
of Derby, and order that he be commissioned accordingly.

[33] This Assembly do establish and confirm Mr. Joseph
Daviss to be Ensign of the 2d company or trainband in the
town of Derby, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Samuel Wells
to be Captain of the 5th company or trainband in the town
of Hartford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. David Hills to
be Lieutenant of the 5th company or trainband in the town of
Hartford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Timothy Wil-

1750.] OP CONNECTICUT. 555

liams to be Ensign of the 5th company or trainband in the
town of Hartford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Gershora Bulk-
ley to be Lieutenant of the north company or trainband in the
town of Colchester, and order that he be commissioned ac-
cordingly.

This Assembly do establish and confirm Mr. Elisha Pratt
to be Ensign of the north company or trainband in tlie town
of Colchester, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jolin Dvvight to
be Captain of the 7th company or trainband in tlie 11th regi-
ment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Samuel Ely to
be Lieutenant of the 3d company or trainband in the town of
Lyme, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Richard Hays
to be Ensign of the 3d company or trainbaind in the town of
Lyme, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Ezra Smith to
be Ensign of the 2d company or trainband in the town of
Stanford, and order that he be commissioned accordingly.

This Assembly do establish and confirm Nathaniel Beckwith
to be Ensign of the 2d company or trainband in the town of
Lyme, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jonathan Rudd
to be Lieutenant of the 2d company or trainband in the town
of Windham, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Thomas Rob-
inson to be Ensign of the 2d company or trainband in the town
of Windham, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jolni Hum-
phrey to be Captain of the most southerly company or train-
band in the town of Symsbury, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Francis Fenton
to be Captain of the 8th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Abner Barker
to be Lieutenant of the 8th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

556 PUBLIC RECORDS [October,

This Assembly do establish and confirm Mr, Francis Fenton
jun"", to be Ensign of the 8th company or trainband in the 5th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Jacob Whit-
more to be Captain of the 11th company or trainband in the
6th regiment in this Colony, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Theophilus
Candey to be Lieutenant of the 11th company or trainband
in the 6th regiment in this Colony, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Samuel Pluml)
to be Ensign of the 11th company or trainband in the 6th
regiment in this Colony, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Jonathan Case
be Captain of the north company or trainband in the first
society in the town of Symsbury, and order that he be com-
missioned accordingly.

This Assembly do establish and confirm Mr. Andrew Robey
to be Lieutenant of the north company or trainband in the
first society in the town of Symsbury, and order that he be
commissioned accordingly.

This Assembly do establish and confirm Mr. David Water-
bury to be Captain of the first company or trainband in the
town of Standford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Nathaniel Hoit
jun"", to be Lieutenant of the 1st company or trainband in the
town of Standford, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. John Water-
bury to be Ensign of the 1st company or trainband in the town
of Standford, and order that he be commissioned accordingly.

[34] Whereas Jabez Hamlin, Joseph Buckingham, Esq""",
and Capt. James Church, were by this Assembly at their
sessions in May last appointed to repair to the second society
in Windsor, and hear all persons concerned, and view the
circumstances of said society, and to consider whether it be
needful for said society to be divided into two distinct eccle-
siastical societies, and if they judge it be proper that said
society be so divided, that they fix the place for said division,
and make report of their doings thereon to this Assembly at

1750.] OP CONNECTICUT. 557

their present sessions : And whereas the said committee have
not yet attended said service: It is now resolved, that the
said committee do attend the service referred to them in said
act, and make report of their doings thereon to this Assembly
to be holden at Hartford in May next.

Upon the memorial of Ephraini Bennet, of Danbnry in the
county of Fairfield, shewing to this Assembly that one David
Osborn late of said Danbury,* deceased, did in his life time
for good consideration make over to said Ephraim Bennet
ninety acres of land in said Danbury, by his deed dated the
20th day of February, 174f, which said deed was signed and
sealed by the grantor and witnessed by two witnesses, but by
the providence of God the said David Osborn was taken away
by death soon after the executing of said deed and the same
was never acknowledged before any proper authority ; and
praying this Assembly to order that the said deed may be
recorded and made as authentick as thS the same had been
acknowledged by the grantor : Resolved by this Assembly,
that said deed shall be recorded in the town records in said
Danberry, and the town clerk of the town of said Danberry
is hereby directed and ordered to receive and record the said
deed together with this act ; and a copy of said deed and this
act, attested by the town clerk for the time being, shall be
accounted and deemed as legal evidence of the title of said
land to him, the said Bennet, his heirs and assigns, to all
intents and purposes, as though the same had been acknowl-
edged by the grantor, and may and shall be used and improved
in any court whatsoever to that purpose accordingly.

Upon the memorial of John Warner the 3d, administrator
upon the estate of Ebenezer Warner late of Waterbury, de-
ceased, shewing that the debts due from said estate surmount
the moveable estate the sum of ^655 9s. lid. old tenour, pray-
ing that he may have liberty to sell so much of the real estate
of said deceased as will pay said debts : Resolved by this
Assembly, that the said John Warner have liberty, and he is
hereby impowered, to sell so much of the real estate of the
said deceased as will pay said .£55 9s. lid. with the incident
charges arising thereon ; taking direction of the probate court
for the district of Woodberry.

Upon the memorial of Messrs. Joseph Ferriss, Nathan Botch-
ford and Riverius Carrington, selectmen of New Milford,
representing that Thomas Welch, of said New Milford, is
wanting in his understanding and unable to take care of him-

* Waterbury in the record, but Danbury in the original bill.

568 PUBLIC RECORDS [Octobcr,

self, and hath been under the care of said selectmen, who have
expended for his support the sum of X87 Os. Od. old tenour,
and that there is no personal estate of the said Thomas to pay
the same ; praying for liberty to sell lands, &c. : Resolved by
this Assembly, that tiie memorialists, or any two of them, be
impovvered,and they are hereby fully impowered and directed,
to sell so much of the lands and real estate of the said Thomas
Welch as shall amount to a sum not exceeding £'200 Os. Od.
old tenour, to be improved part for the payment of the afore-
said sum of <£87 Os. Od. and the residue for future expences
that may arise for the supporting of the said Thomas Welch
and necessary charges of such sale.

Upon the memorial of Samuel How, of Waterbury in New
Haven county, and Mary his wife, therein alledging that one
Samuel Weed, late of Derby in said county, was in the year
1747 indebted to the said Mary in the sum of X21 0.^. Od. and
that the said Weed^having forfeited all his estate to the gov-
ernment, and praying this Assembly to order said debt to be
paid out of the publick treasury of this Colony : It is tliereupon
resolved by this Assembly, that the said Samuel How shall
have and receive out of the said treasury of said Colony the
sum of fourteen pounds old tenour in full satisfaction of said
debt ; and the Treasurer of this Colony is hereby ordered and
directed to pay the same.

Upon the memorial of Mary Steadman, administratrix on
the estate of John Steadman late of Midletown, deceased,
representing that the debts and charges due from said estate
surmount the moveable part of said estate the sum of <£126
10,s. Od., praying for liberty to sell of the real estate of said
[86] II deceased, &c. : Resolved by this Assembly, that the
memorialist, with Benjamin Atkins of said Midletown, be ap-
pointed, and they are hereby appointed and impowered, to
make sale of so much of the real estate of said deceased as
shall be sufficient to pay the aforesaid sum of .£126 10s. Oof.
money of the old tenour and the incident charges arising
thereon; taking the advice of the court of probate for the
district of Hartford therein.

Upon the memorial of Abraham Clark, administrator on
the estate of Joseph Clark late of Waterbury, deceased, shew-
ing this Assembly that tlie debts due from the estate of the
said deceased over and above what this Assembly in May last
granted liberty to sell of the lands of the said deceased to
discharge and pay the sum of £84 Os. Od. money old tenour,
and praying liberty to sell of the lands of said deceased, <fec. :
Resolved by this Assembly, that said administrator be im-

1750.] OP CONNECTICUT. 559

powered, and he is hereby impowered, to sell so much of the
lands of the said deceased, under the direction of the court of
probate in the district of Woodberry, as to enable him to pay
the aforesaid debts with the incident charges arising on the
sale of said lands.

On the memorial of John Couch and Deborah Couch, ad-
ministrators on the estate of Solomon Couch late of Fairfield,
deceased, shewing to this Assembly that the debts due from
said estate surmount the moveable estate of the said deceased
the sum of <£lo8 19s. lOd. old tenour, and praying for liberty
to sell so mucli of the real estate of said deceased as will pay
the same : Resolved by this Assembly, that so much of the
real estate of said deceased shall be sold as will pay and
satisfie the sum of .£158 19s-. lOd. old tenour and the neces-
sary charges arising on the sale of the same ; and that John
Osborn of said Fairfield is hereby appointed and impowered
to make sale of the same, taking the advice of the court of
probate in the district of Fairfield in that affair.

Upon the memorial of Elizabeth Lester, of New London,
administratrix on the estate of Thomas Lester of said New
London, deceased, shewing to this Assembly that the debts
due from the estate of the deceased Thomas Lester surmounts
the moveable estate the sum of .£51 3s. lOd., and praying that
some meet person may have power to sell so much of the real
estate of the deceased as shall satisfie said sum of X51 3s. 10c?.
with the necessary charges arising thereon : Resolved by this
Assembly, that Ebenezcr Darrow of said New London have
power to sell so much of the lands of the deceased Thomas
Lester as shall satisfie the sum of X51 3s, lOd. with the nec-
essary charges arising thereon, taking the direction of the
court of probate for the district of New London therein.

On the petition of Thomas Lothrop, of Norwich, vs. Eleazer
Burnham, of Norwich, defendant, as on file : The question was
put, whether the prayer of said petition should be granted :
Resolved by this Assembly in the negative.

On the petition of Samuel Palmer, of Windsor in the county
of Hartford, vs. Daniel Phelps of said Windsor, on file : The
question was put, whether the pleas offered in abatement of
this petition are sufficient : Resolved by this Assembly in the
affirmative. Cost allow'' d respo7ident is <£32 16s. 6d. Ex.
granted Nov. 31, 1750.

On the petition of Henry Patterson, of the City and Prov-
ince of New York, administrator on the estate of John West,
late of Hartford in the county of Hartford, deceased, vs. James
Miles and Jehiel Tuttle, both of Wallingford in the county of

560 PUBLIC RECORDS [October,

New Haven, as on file : The question was put, whether the
pleas offered by the respondents in abatement of said petition
are sufficient: Resolved by this Assembly in the affirmative.

Upon the memorial of Elizabeth Palmer, executrix of the
last will and testament of Ichabod Palmer late of Stonington,
deceased, representing that the del)ts due from the estate of
said deceased surmount the moveable part of said estate, and
what other sums have been raised by sale of the lands of said
deceased by order of this Assembly heretofore obtained, the
sum of £212 18s. Od. old tenour ; praying for further liberty
to sell lands, and that some meet person be appointed thereto :
Resolved by this Assembly, that Mr. Thomas Noyes jun"". of
said Stonington be impowered, and he is hereby fully author-
ized and impowered, to make sale of so much of the lands of
the said deceased, more than what hath been already ordered
to be sold, as is sufficient for the payment of the said sum of
i6272 los. Od. old tenour and the incident charges of said sale;
taking the advice of the court of probate in the district of
New London therein.

Upon the petition of William Marsh, praying for a rehearing
in a cause that was depending before the superior court held
in Windham on the 3d Tuesday of September last, between
[36] him and || Elisha, an Indian man claimed by said Marsh
in the declaration in said action to be his slave, (for the reasons
assigned:) Resolved by this Assembly, that the said Marsh
have granted to him, and hereby this Assembly do grant to
him, the liberty to have a review of said action in the superior
court to be holden at Windham on the 3d Tuesday of March
next, and that the said superior court proceed to hear and try
the same, and that the whole cost follow the final tryal thereof.

On the memorial of John Squire and Rachel Squire, ad-
ministrators on the estate of Daniel Wakeley, deceased, shew-
ing to this Assembly that the debts due from said estate
surmount the moveable estate the sum of X154 14s. Sd.,
thereupon praying this Assembly to order so much of the land
of the deceased to be sold as may answer said debt with the
necessary charges arising thereon : Whereupon it is resolved
by this Assembly, that Mr. Benjamin Warner be appointed,
and he is hereby appointed and impowered, to make sale of so
much of the lands of the said deceased Daniel Wakeley as
shall amount to the sum of Xl/i4 14s. 'dd. and the necessary
charges arising thereon, as prayed for ; taking the direction
of the court of probate in the district of Woodberry therein.

HeHulved by this Assembly., That the committee appointed

1750.] OF CONNECTICUT. 561

to sell the town of Norfolk suspend the sale thereof till further
orders and directions from this Assembly for that purpose.

Resolved hy this Assemhli/, That the Treasurer of this Colony
be directed, and he is hereby directed, to attend this Assembly
on Friday, the 26th instant, with a sum in bills of credit
sufficient to answer the charge of this Assembly.

Upon the memorial of David Wright, administrator on the
estate of John Whittelsey late of Saybrook, deceased, shewing
to this Assembly that the debts and charges of administration
due from said estate surmounts the moveable estate the sum
of £197 13s. 7(1, praying for liberty to sell so much of the
lands of said deceased as to pay said sum with necessary
charges arising by such sale, &c. : Resolved by this Assembly,
that the memorialist, and Capt. John Murdock of Saybrook,
be, and are hereby, impowered to sell so much of the lands
of said deceased as shall be sufficient to pay the said sum of
.£197 lo.S'. Id. with the necessary charges arising by such sale ;
taking the direction of the court of probate in the district of
Guilford therein.

Whereas Jabez Hamlin and Joseph Buckingham, Esqi's,
and Capt. James Church, upon the memorial of Benjamin
Stoughton and others, inhabitants living on a certain tract of
land in the southeast part of the town of Windsor, and upon
the memorial of Isaac Jones and others, inhabitants part of
them living in the town of Bolton and part of them living in
said Windsor, were by an act of this Assembly in May last
appointed a committee to view the circumstances of the said
memorialists, &c., and to make report to this Assembly at
their present sessions : and whereas the said committee have
not yet been able to attend said service : It is now, therefore,
resolved by this Assembly, that the aforesaid gentlemen do
proceed to attend on the matters referred to them in the afore-
said act, and make report thereon to this Assembly in May
next.

This Assembly do establish and confirm Mr. Amos Johnson
to be Captain of the company or trainband in the town of
Cornwal, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Benjamin
Sedgwick to be Lieutenant of the company or trainband in the
town of Cornwall, and order that he be commissioned accord-
ingly.

This Assembly do establish and confirm Mr. Francis Haw-
ley to be Ensign of the company or trainband at the parish of
Ripton, and order that he be commissioned accordingly.

562 PUBLIC RECORDS [October,

Resolved hy this Assembly^ That the Treasurer of this Colony
pay out of the treasury unto John Douglass, of New London,
the sum of forty-nine pounds and eleven shillings in old tenour
bills, for his service in mending and cleaning of the Colony's
fire-arms now in the powder-house in New London.

On the petition of the Governor and Company of the Colony
of Connecticut, by Elihu Hall of Wallingford, their agent, vs.
John Judd, of Waterberry in the county of New Haven, as on
file: The question was put, whether a new hearing should be
granted as prayed for, &c.: Resolved in the negative.

[37] Upon the memorial of the inhabitants of the parish
of Bethlem in Woodberry, shewing to this Assembly that they
have in the summer past been visited with a sore and distress-
ing sickness, which began early in the spring, whereof many
have died in the prime of life, and the body of the people
have been much taken off from their common business, where-
by they are greatly impoverished, &c., and praying this As-
sembly to release them from their country rate : Resolved by
this Assembly, tliat the inhabitants of said parish be released
from paying their country rate which was ordered to be paid
into the treasury in May next.

Upon the petition of Zachariah Frink, of yoluntown,v8. John
Dixson, one of the proprietors of tlie common and undivided
land in Voluntown, and the rest of the proprietors of said
common land, complaining of a judgment of the superior
court held in Windham on the third Tuesday of March, A. D.
174|, given in favour of said proprietors against the said
Zachariah Frink for the surrendry of about twenty-five acres
of land, and praying for another tryal in said case, for reasons
in said petition alledged: Resolved by this Assembly, that the
petitioner shall have liberty of another tryal of the said case
by a review of the same at the superior court to be held in
Windham on the 3d Tuesday of March next: provided that
he before the said court on his tryal of said case therein give
sufficient bond to prosecute the same to effect and to answer
all damages in case he make not his plea good ; and that the
future cost only follow the judgment that shall be rendered
therein on such review; and in case judgment be rendered by
the said superior court in favour of the said Zachariah Frink
against the said proprietors, that then the said superior court are
hereby directed, authorized and impowered, to give judgment
that the said Frink shall he reseized of the said twenty-five
acres of land, and grant execution accordingly.

1750.]

CONNECTICUT.

563

The Sums Total of the Lists of the Polls and Rateable Estate of the

several Towns hereafter mentioned, sent i

in to this

Assembly,

are as follow, viz :

£.

<£

Hartford,

36660

New Haven,

54448

New London,

30227

Fairfield,

47561

Windham,

22695

Norwich,

51881

Suffield,

16190

Lebanon,

36432

Stanford,

28518

Woodstock,

11737

Groton,

21290

Milford,

28021

Saybrook,

21354

Ashford,

10145

Newtown,

12551

Hebron,

16750

Endfield,

9084

Coventry,

14927

Glassenbury,

11753

Symsbury,

19466

New Milford,

13108

Bolton,

7664

Tolland,

8411

Derby,

11534

Weatliersfield,

27817

Branford,

22494

Ridgefield,

11044

East Haddam,

18488

Stratford,

38342

Litchfield,

10394

Farmington,

38396

Colchester,

20587

Stonington,

31659

Voluntown,

9234

Canterbury,

13672

Mansfield,

14721

Plain field.

12648

Windsor,

38597

Danbury,

16966

Killingly,

20701

Haddam,

11112

Woodbury,

26558

Wallingford,

38277

Killingworth,

16392

Durham,

10^15

Lyme,

25587

Norwalk,

35535

Guilford,

33352

Waterbury,

16910

Midletown,

48456

Pomfrett,

14273

Preston,

19410

Greenwich,

16752

This Assembly do appoint Mr. Caleb Baldwin of Newtown
to be Justice of the Peace for the county of Fairfield until the
first day of June next.

On the petition of James Rogers 3d, of New London, vs.
Philip Tabor of New London, (by continuance from the ses-
sions of this Assembly in May last,) as on file : The question
was put, whether the pleas offered by the respondent in abate-
ment of said petition are sufficient : Resolved by this Assem-
bly in the affirmative.

This Assembly do establish and confirm Mr. Joseph Hooker
to be Captain of the first company or trainband in the town
of Farmington, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. William Wads-
worth to be Lieutenant of the 1st company or trainband in
the town of Farmington, and order that he be commissioned
accordingly.

564 PUBLIC RECORDS [October,

[38] This Assembly do establish and confirm Mr. John
Strong to be Ensign of the first company or trainband in the
town of Farmington, and order that he be commissioned ac-
cordingly.

Upon the memorial of John Bayley, of Killingworth in the
county of New London, and Joshua Bayley, of Haverhill in
the county of Esses in the Province of the Massachusets Bay,
Esqf, in behalf of themselves and the rest of the heirs and
legal representatives of the Reverend Mr. James Bayley, for-
merly minister of said Killingworth, now deceased, setting
forth that the General Assembly, in the year 1687, granted to
the said James Bayley, Mr. Moses Noyes, and others, two hun-
dred acres of land apiece, where the same might not prejudice
any former grants, and that the said two hundred acres, so
given to the said James Bayley, hath not been taken up ; pray-
ing that the same may be laid out to the memorialists in some
of the common and ungranted lands in this Colony : Resolved
and granted by this Assembly, that the heirs and legal repre-
sentatives of the said Rev** Mr. James Bayley, and their
assigns, shall have and be allowed two hundred acres of land,
according to said grant made in the year 1687, to be taken up
in one piece ; and that the surveyor of lands for the county of
Fairfield shall have power to lay out the same accordingly in
any of the common and ungranted lands in this Colony, ex-
clusive of the township of Norfolk.

This Assembly do establish and confirm Mr. Nathaniel
Newell to be Lieutenant of the 2d company or trainband in
the town of Farmington, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Ephraim Tread-
well to be Ensign of the 2d company or trainband in the town
of Farmington, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Joseph Hart
to be Captain of the company or trainband at the parish of
Northington in Farmington, and order that he be commis-
sioned accordingly.

This Assembly do establish and confirm Mr. Jonathan Miller
to be Lieutenant of the company or trainband at the parish of
Northington in Farmington, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Daniel Wilcox-
son to be Ensign of the company or trainband at the parish of
Northington in Farmington, and order that he be commissioned
accordingly.

1750.] OP CONNECTICUT. 565

Upon the memorial of Alice Howard, of Hartford, admin-
istratrix on the estate of Samuel Howard, late of Hartford,
deceased, praying liberty to sell of the real estate of said de-
ceased so much as to pay and answer the sum of £179 Os.
lid., being the ballance and amount of what the debts due
from said estate amount to over and above the amount of the
moveables, &c. : Resolved by this Assembly, that the memori-
alist, (taking the direction of the court of probate for the dis-
trict of Hartford,) be and she is hereby impowered to make
sale of such and so much of the real estate of said deceased
as may suffice to pay and answer said sum of X179 Qs. lid.,
and also the incident charges on such sale and disposition to
arise.

Upon the memorial of Aliff Peck, of Lyme, administratrix
on the estate of Samuel Peck of said Lyme, deceased, shewing
to this Assembly that the moveable estate of said deceased
amounts to the sum of X71o lis. Od., and that the debts and
charges due from said estate amounts to the sum of c£933 3s.
6d., which surmounts the personal estate the sum of £220 os.
6d., praying for liberty to sell so much of the real estate as to
pay said sum, &c. : Resolved by this Assembly, that Benjamin
Peck, of Lyme, be, and he is hereby, appointed and impowered
to sell so much of the lands of said deceased as to pay the
said sum of £220 Ss. 6d., with the incident charges arising
thereon; taking the direction of the court of probate in the
district of New London therein.

This Assembly do appoint Andrew Burr, Esq"", to be Colonel
of the Fourth Regiment in this Colony, and order that he be
commissioned accordingly.

This Assembly do appoint Ebenezer Silliman, Esq'', to be
Major of the Fourth Regiment in this Colony, and order that
he be commissioned accordingly.

This Assembly do establish and confirm Mr. Eleazer Hub-
bell to be Captain of the north company or trainband in the
town of New Fairfield, and order that he be commissioned
accordingly.

Tliis Assembly do establish and confirm Mr. Benjamin See-
ley to be Lieutenant of the north company or trainband in the
town of New Fairfield, and order that he be commissioned
accordingly.

This Assembly do establish and confirm Mr. Daniel Noble
to be Ensign of the north company or trainband in the town
of New Fairfield, and order that he be commissioned accord-
ingly.

566 PUBLIC RECORDS [October,

[39] An j^ct for Granting' Liberty to set up a Ferry at the Narrows across
Stratford. River.

This Assembly grants liberty to John Stephens, of Strat-
ford, to keep a ferry across Stratford River, at a place called
the Narrows in Stratford aforesaid ; and that the fare of said
ferry shall be, for man, horse and load, two pence; and for a
single man or horse, one penny half-penny each, proclamation
money; and the said ferry to be under the same orders and
regulations as other ferries in this Colony are, and liberty to
continue during the pleasure of this Assembly.

Whereas there is considerable land lying towards the north-
westerly part of this government, principally upon the west
side of Ousatunock River, and the same not yet being disposed
of by this Assembly ; and this Assembly being informed that
several persons living in New York Province, under pretence
of their being out of the jurisdiction of this Assembly, have
without any liberty purchased of the Indians many hundred
acres of said land and made conveyances of some part thereof
to others, by which means several persons have entered upon
said lands, improving and claiming the same : Whereupon this
Assembly appoints Capt. Samuel Addams, Capt. Robert Fair-
child, of Stratford, and Mr. Paul Welch of New Milford, a
committee, and they or any two of them to enquire into and
view the circumstances of said land. And the said committee
are hereby directed and fully authorized and impowered, to
warn all persons that are on any part of said lands claiming
in opposition to, or not holding or claiming under this govern-
ment, to remove off from the same or to take a lease or leases
under this government for a short time, not exceeding the
term of two years, with covenant to surrender at the end of
said term; which said committee are hereby impowered to
give ; which if said persons, or any of them, shall refuse or
neglect to remove oil' from said lands or take leases as afore-
said, then the said committee is hereby directed and impow-
ered to commence any action or actions for removing such
persons as aforesaid, in the name of the Governor and Com-
pany of this Colony, and (by themselves or such person or
persons as they shall substitute attorneys under them) the
same to prosecute and carry on to final judgment and execu-
tion. And said committee shall make report to this Assembly
from time to time of the circumstances of the said lands, and
of their proceedings concerning the same.

On the memorial of the Reverend Mr. Abraham Nott, of
Saybrook, shewing that in November, 1725, he was regularly
ordained a gospel minister for and within the second society
of said Saybrook, and that he hath there continued in the due

1750.] OP CONNECTICUT. 567

discharge of his said office ever since ; that said society had
(some little time before that) voted to give him for his salary
<£50 Os. Od. for the first year, and to rise with their estates in
the list to the sum of £10 Os. Od. a year, and supply his wood,
and also some time after voted him fifteen pounds more in
lieu of fire-wood, in the whole amounting to eighty-five pounds,
not expressed to be payable in any particular coin or currency;
and that he hath ever since been put off with no more than
the same sum or number of pounds in bills of credit of the
old tenour, and thereby put to great straits, <fec., and praying
relief, &c. : Resolved by this Assembly, that Jonathan Trum-
ble, Esqi", and Colo. Thomas Welles and Major Jabez Hamlin,
be and they hereby are appointed a committee to repair to said
society, and having first noticed all persons in the premises
concerned, there, by all proper evidence to be exhibited, to
enquire into the matters in said memorial mentioned respecting
the memorialist's salary and support, and all parties or persons
concerned therein fully to hear, and in such hearing had to
endeavour an accommodation therein, and on failure such ac-
commodation to effect they, the said committee, are directed
of what they find as touching the matters in said memorial
set forth, with their opinion thereon, to make report to this
Assembly in their sessions to be at Hartford in May next.

Upon the petition of Edward Cogswell, of New Milford, vs.
William Bosworth, of New Milford, complaining of a judgment
rendered against hinj in favour of the said Bosworth at the
superior court held in New Haven on the last Tuesday of
Auuust, in a case demanding the surrendry of about six acres
of land lying in New Milford North Purchase, so called, in
which case the said Cogswell was plaintiff and the said
Bosworth was defendant ; and praying for a new tryal in said
case, for that the jury missed the law therein ; as by the
petition on file appears : Resolved by this Assembly, that the
petitioner have liberty, and liberty is hereby granted unto
him, to have another tryal Toy a review of the said case at the
superior court to be held in New Haven in and for the county
of New Haven on the last Tuesday of February next : provided
the petitioner give bond before said court in the usual form to
prosecute said review ; and the whole cost shall follow the
judgment that shall be given in said case on such review.

Ordered hy this Assembly, That the Treasurer of this Colony
pay out of the publick treasury twenty-four pounds fourteen
shillings old tenour to Nathaniel Gun of Waterbury, for him
and his assistance in apprehending Samuel Weed and returning
him back to New Haven goal, from whence he had escaped.

568 PUBLIC RECORDS [October,

[40] Upon the memorial of Timothy Cole, of Wallingford,
shewing this Assembly that in July, 1748, he was taken
})risoner near Chenectada by the enemy and carried into
Mont-Real, having been grievously wounded in a skirmish
with the French and Indians, who robb'd him of his money
and cloaths, and that lie had been confined about two years
in doleful captivity, and was become a cripple : Resolved by
this Assembly, that said Timothy Cole shall and may, and
hereby hath granted him two hundred acres of the ungranted
lands annexed to the township of Kent, lying on the west side
of Ousatunock River in this Colony, to be taken up in one
entire piece, and New Haven county surveyor to lay out the
same according to said grant ; and also is hereby exempted
from payment of the country tax for his head for the future.

It being shewn to this Assembly that a commission bearing
date the 19th of March, 1744, was given out in due form to
John Owen to be Ensign of a company in the town of Syms-
bury, which ought to have been over the northermost company
in the first society in Symsbury : Resolved by this Assembly,
that a commission be given out in due form to John Owen to
be Ensign of the northermost military company in the first
society in Symsbury.

Upon the memorial of Joseph Porter and Daniel Smith, of
and agents for the parish of Kensington in the county of Hart-
ford, shewing that they by the death of their late pastor are
become destitute of and have necessity to call and settle
another minister or ministers among them ; that it so happens
that while some of the inhabitants of said parish are in the
mind to continue and remain one entire society, as hitherto,
others are for dividing into two or three distinct parishes,
which difference and diversity of sentiments tends very muc*i
to retard and hinder the calling any candidate at all ; and
thereupon praying for a committee to repair to said parish,
and view, &g. : Resolved by this Assembly, that Capt. Daniel
Goodwin, Mr. Moses Nash, of Hartford, and Mr. Daniel Bis-
sell of Windsor, be and they are hereby appointed a committee
to repair to said Kensington, and (having first noticed all
parties and persons concerned) there sufficiently view said
parish and hear all parties or persons on their respective
reasons for or against the dividing said parish ; and having
due regard to the circumstances of said parish and to whatever
may be alledged either in favour of any division in any wise
to be made or of the continuance thereof entire as aforesaid,
of what they find, together with their opinion thereon, to make
report to this Assembly in their sessions to be at Hartford in
May next.

1750.] OP CONNECTICUT. 569

Upon the memorial of Zacliariah Booth, Samuel Hiird,
James Curtiss, Abel Birdsey, Samuel Deforest, Sevignion
Lewiss, Ichabod Lewiss, Nathaniel Lewiss, John Judson,
Samuel Blackman, Beach Lewiss, Zachariah Clark, Josiah
Whitmore, John Wilcoxson, Timothy Wilcoxson, Robert Bas-
sett, Nathan Booth, Tliomas Lewiss, Caleb Mallery, John
Dunning, Joseph Moss, Nathan Blackman, Peter Curtiss,
Daniel Beardsley, Henry Hawley jun^., Henry Deforest,
Joseph Johnson, Edmund Lewiss jun''., Samuel Prindle,
Benajah Hurd, Samuel Beardslee, David Hurd, John Keeney,
Beriah Dickingson, John Johnson, Thomas Bears, Abiel Bears,
Thomas Curtiss, Ebenezer Bears, and Jonathan Curtiss, some
of them members of the society of North Stratford and some
of the society of Riptou in Stratford, praying liberty of this
Assembly to meet among themselves for divine service four
months in the year, {viz ;) December, January, February and
March, for the term of three years from this time, they im-
proving some orthodox preaciier among them during said term :
Resolved by this Assembly, and it is enacted and granted,
that the memorialists have liberty, and the same is hereby
granted to them, to meet among themselves for divine worship
four months in each year for the term of three years next
coming, (viz ;) in and during the months of December, Jan-
uary, February and March : provided they imploy some or-
thodox preacher among them. And power and authority is
hereby granted to the memorialists, to warn and hold their
meetings for taxing themselves for the support of the charges
that may arise in carrying on the service aforesaid and to
chuse their respective officers for gathering the same, c%c., as
other such like societies by law have in this Colony ; and
that those persons abovenamed that live within the society of
North Stratford shall be freed from paying taxes to the society
of North Stratford for the said four months during said term
of three years, in case the memorialists carry on divine wor-
ship among themselves as aforesaid.

Upon the memorial of the inhabitants of the parish of
East Greenwich, in the township of Kent in the county- of
Hartford, praying that all the lands in said parish be taxed,
&c. : Resolved by this Assembly, that all the lands in said
parish, (to be computed according to the sizing and surveys
of said lands on record,) shall be taxed at eight pence old
[41] tenour per acre || for the space of four years annually,
to commence from the rising of this Assembly ; the same to
be improved for the settlement and support of a gospel min-
ister in said parish. And Mr. Benjamin Brownson of said

570 PUBLIC RECORDS [October,

parish is hereby appointed collector to collect said taxes in
each respective year, and deliver the same to the committee
for the time being, to be improved for the purpose aforesaid.

Upon the petition of Richard Burch, of New London,
against Jahleel Law, of Milford, and Anne his wife, repre-
senting to this Assembly that by an exetjution in favor of the
said Jahleel and the said Anne against the petitioner, for the
sum of X19 17s. Qd. lawful money debt and <£6 2s. 4t^. old
tenour costs, dated the 11th day of May, 1760, signed by
John Whiting, clerk of the county court of New Haven
county, the said Jahleel and said Anne took .£179 8s. Od.
money old tenour of the petitioner by virtue of said execution ;
complaining that the same was too much and oppressive, and
praying for relief, as appears by the petition on file : Where-
upon it is considered and resolved by this Assembly, that
the said XI 79 8s. Ot^. is <£33 18s. Id. old tenour bills of
credit more than ought to have been taken by virtue of said
execution : Thereupon it is enacted and decreed, that the
said Jahleel Law and Anne his wife pay back to the said
Richard Burch thirty-three pounds eighteen shillings and one
penny money old tenour, and that the Secretary of this Colony
is ordered to issue forth an execution accordingly. Received
<£33 18s. Id. in full of the above judgment^ by Ambrose Whit-
telsey, attorney.

Upon a memorial presented in the name of Martin Kellogg,
shewing to this Assembly that divers of the Indians of the
Six Nations are come to iiim where he resides at Stockbridge,
in order to be instructed in reading, &c., and that divers more
are dayly expected, so that there seems to be an opportunity
to bring them in the way of receiving the gospel ; but that
there wants necessary provision for their victualling and cloath-
ing, for promoting of which good design : Resolved by this
Assembly, that George Wyllys, Joseph Pitkin and Daniel
Edwards, Esqrs, or any two of them, be and they are hereby
appointed a committee to take care of the matters represented
in the said memorial ; and they are hereby fully impowered
to draw out of the publick treasury of this Colony such sum
or sums of money as they shall judge best for the purposes
aforesaid, not exceeding the sum of two hundred and fifty
pounds in bills of the old tenour, and improve it therefor, and
lay an account of what they have done therein before this
Assembly in October next.

Upon the memorial of Edward Griswould vs. John Loomiss,
&c., shewing to this Assembly that he had by the free con-
sent of said Jolni Loomiss obtained a deed of about fifteen

1750.] OF CONNECTICUT. 571

acres of land lying in Windsor, in the parish of Wintonberry,
of Isaac Skinner of said Windsor, and Daniel Mills now of
Symsbury, and that upon the petition of said John Loomiss
preferred to the General Assembly in May last, said Assem-
bly decreed and resolved that the said deed should never after
that time be given in evidence in any tryal then depending or
afterwards to be commenced ; which deed is dated the 15th day
of October, 1746 ; as per said Griswould's petition on file ap-
pears : Whereupon it is resolved and enacted by this Assem-
bly, that the said John Loomiss pay unto the said Edward
Griswould for the betterments mentioned in said petition
done by said Griswould on said land, the sum of twenty
pounds old tenour bills ; and that the said Daniel Mills and
Isaac Skinner, mentioned in said petition, pay to said Edward
Griswould the sum of two hundred and sixty-five pounds old
tenour bills of credit, for said Griswould's other damages and
cost set forth in said petition ; and that the Secretary of this
Colony issue forth executions accordingly. Ex'ns granted
Novem. 22, 1750.

Upon the memorial of Andrew Weed, of Waterbury, ad-
ministrator of Samuel Weed late of Waterbury, deceased,
shewing the debts due from said estate to surmount the move-
able estate to the amount of .£53 lOs. 7c?., and praying leave
to mtke sale of so much of the real estate, &c. : Resolved by
this Assembly, that the said Andrew Weed, administrator as
abovesaid, be and he hereby is impowered, (taking the direc-
tion of the court of probate for tiie district of Woodberry
therein,) to make sale of so much of the real estate of said
deceased as may suffice to pay and answer the said sum of
■£53 10s. Id. together with incidental charges on such sale
arising.

Whereas this Assembly in October last resolved and en-
acted that the inhabitants of the second society in Norwich
should pay unto the Reverend Mr. Henry Wills, minister of
said society, for [the] whole of his salary from the 20th
day of December 1745, until the 20th day of December 1748,
the sum of X255 Os. Qd. in bills of credit on this Colony of
the new tenour, deducting out of the same the sum of £347
lis. 4:d. old tenour, which shall be allowed as credit to those
persons, inhabitants of said society, who have paid the same,
[42] in proportion to what each one has paid appearing || by
an account given in by the said Mr. Wills to the committee
and lying in the Secretary's office, a copy whereof attested by
the Secretary should be sufficient evidence of such payments,
and also resolved that the inhabitants of said society should

572 PUBLIC RECORDS [October,

pay unto the said Mr. Wills the sum of X800 Os. Od. in old
tenour bills of credit, for a compensation of his temporal
loss in resigning his pastoral charge over the church and peo-
ple of said society, in case he, the said Mr. Wills, should ac-
cording to the advice of an ecclesiastical council resign his
said pastoral charge at or before the first day of February
next after the sitting of said Assembly ; which said salaries
and compensation the said Assembly ordered and directed
the said society to grant and collect a tax on themselves suffi-
cient to pay the same, the one half in one year and the other
half in tvs^o years from the time of making said act, and that
in case they neglected to do the same, the Assembly being
informed thereof would take the matter into consideration
and tax the said society for the purpose aforesaid, unless
sufficient reasons be shewn to the contrary : And this Assem-
bly being informed and certified that the said Mr. Wills hath
resigned according to said act of Assembly, and that he did
the same before the said first day of February, and tliat the
said society have neglected and altogether refuse to raise a
tax for the payments aforesaid : And whereas the said Mr.
Wills hath brought his memorial to this Assembly, setting
forth the matters as aforesaid and also that he continued in
the work of the ministry in said society from the said 20th
day of December until the 2od day of January, 1749-50, and
that the said society refused to pay him therefor, and praying
for relief, as by his memorial on file appears : Whereupon it
is ordered and enacted by this Assembly, that the said Mr.
Wills shall have and recover of the said society the aforesaid
salaries and compensations, according to the mention made
thereof in the aforesaid act of Assembly ; and that he, the
said Mr. Wills, shall have and recover of the inhabitants of
said society eighty pounds in bills of publick credit on this
Colony of the new tenor, for his salary from the 20th day of
December 1748, to the 23d of January 1749-50, and that
one half of the sum total of all the aforesaid sums of .£255
Os. Od. new tenor, abating the said sum of £347 ll.s-. 4ci old
tenor, and the one half of the said sum of eight hundred
pounds old tenour, and the one half of said eighty pounds new
tenor, shall be levyed upon and collected of the inhabitants of
said society by the first day of March next and paid to the
said Mr. Wills ; which rate shall be made on the list of said
society for the year 1748, and the other half of the said sums
to be levyed on and collected of the said society within one
year from this time and paid to tbe said Mr. Wills, to be made
on the list of said society for the year A. D. 1749. And Eb-
enezer Backus and Jabez Huntington, of Norwich, Esq'% are

1750.] OF CONNECTICUT. .573

hereby appointed a committee with full power and authority
to tax the inhabitants of said society for the payment of the
aforesaid sums, and to make a rate accordingly, and shall be
allowed each thirty shillnigs old tenor per day therefor, which
shall be added to said rate and gathered therewith and paid
to said committee, and that execution go forth accordingly,
signed by any one Assistant of this Colony, directed to either
of the constables of the town of Norwich, commanding him
to levy the same with sixpence on the pound for constables
fees ; and if the said constable shall neglect or refuse to levy
and collect the said sums and pay the same to the said Mr.
Wills by the times set for levying and paying the same
respectively, the said Assistant shall give forth a distress
against such constable, as in other cases. Always provided,
the said society shall have liberty to tax themselves tor tlie
first half part of said sums by the middle of December next,
and for the otiier iialf part any time before the middle of
July next, and appoint collectors to gather and pay the same
to the said Mr. Wills accordingly, and certifie the same to
the said committee from the office of said society.

Upon the memorial of Bulah Osborn, &c., of New Haven,
administrators on the estate of Jonathan Osborn of said New
Haven, deceased, shewing to this Assembly that the debts
and charges due from said estate surmounts the personal
estate the sum of £80 17s. 9^., as per their memorial on file
appears : Resolved by this Assembly, that the memorialists
be and are hereby appointed and impoweved to sell so much of
the real estate of said Jonathan Osborn, deceased, as to pay
said sum of X80 lis. Qd. and the necessary charges arising
by such sale ; taking the direction of the court of probate for
the district of New Haven therein.

[43] Upon the memorial of John Herpin jun'', commis-
sary for the intended expedition against Canada, praying for
allowance for said service, as per his memorial on file appears:
Resolved by this Assembly, that the memorialist shall and
hereby hath granted unto him for said service the sum of one
hundred and fifty pounds old tenour to be paid to him out of
the pul)lick treasury, and the Treasurer is hereby ordered to
pay to him said sum accordingly.

There being a tract of land in Stonington containing two
hundred and eighty acres, purchased of Isaac Wheeler of
said town by James Avery and Thomas Leffingwell, a com-
mittee in behalf of the General Court, for the use of Mamo-
hor and the Indians under him, by a deed dated May the
24th, 1683, bounded as in and by said deed appears, in which

574 PUBLIC RECORDS [October,

deed the said Wheeler made some reserves to himself, and
after the procuring of said deed there hath been country
grants of two hundred and eighty acres laid out on the same
land contained in said deed, and William Williams and
Nathan Creary, of said Stonington, laying claim to said lands
by virtue of said reserves and said country grants, and the
said Williams and Creary moving to this Assembly for an
agreement and settlement in the premises: Resolved by this
Assembly, that John Bulkley, Esq"", of Colchester, and Jona-
than Trumble, Esq!", of Lebanon, be a committee in l)ehalf of
this Assembly, (at the cost of the said Williams and Creary,)
to repair to said Stonington to view the premises and con-
sider the circumstances of the whole case, and to propose
such agreements and settlement with said Williams and
Creary as they, the said committee, shall think just and equit-
able in the premises, and the cost that hath arisen thereon,
and of such propositions for a settlement and conclusion of
tbe matters of difference to make report to this Assembly in
May next. And in case no proposition be complied with by
the said Williams and Creary, the said committee shall make
report of the state of the case, with their opinion thereon, to
said Assembly.

On the memorial of the Reverend Mr. George Griswould,
of Lyme, shewing that in November, 1724, he was regularly
ordained a gospel minister in the 2d society of said Lyme,
and that he hath there continued in the due discharge of his
said office ever since ; that said society had, in the year
1722, voted to give him for his salary seventy pounds aimu-
ally, and also tliat every man in said society sliould give bim
a days work in a year at getting fire-wood, not expressed to
be payable in any particular coin and currency ; that said
society have ever since the last of December in the year 1748,
wholly refused to afford him any support, &c. ; and praying
relief, &c. : Resolved by this Assembly, that Gurdon Salton-
stall, Esq"", and Jeremiah Miller, Esq"", be and are hereby
appointed a committee to repair to said society, and having
first duly noticed all persons concerned there, by all proper
evidence to be exhibited to examine and enquire into the
matters in said memorial contained respecting tbe memorial-
ist's salary and suj)port, and all parties or persons concerned
fully to hear, and on such hearing had to endeavour an
accommodation therein, and on failure thereof thoy, said
committee, are directed of what they find as touching the
matters in said memorial set forth, with their opinion thereon,
to make report to this Assembly at their sessions to be in
Hartford in May next.

1750.] OP CONNECTICUT. 575

Upon the memorial of Samuel Weed, now resident in
Hartford, representing to this Assembly that the committee
appointed by this Assembly at their sessions in May, 1747,
for taking into their care and selling the estate of said Weed
to the best advantage, with a proviso in said act that said
committee should not retain or dispose of such estate of the
memorialist as was for necessary use and is by the law ex-
empted from being taken by execution, and notwithstanding-
said saving, the said committee received and disposed of the
goods and chattels of the said memorialist, as well those
things reserved as aforesaid as the rest, whereby he is reduced
to great necessity, &c. ; and praying this Assembly for relief,
&c.: Resolved by this Assembly, that the said committee so
appointed to dispose of said estate are hereby directed to lay
their accounts of the sales and disposition of said estate
before the county court to be holden at New Haven in Novem-
ber next, and said county court is hereby directed and im-
powered to enquire into the same ; and if said court shall
find that the said goods and chattels of the said memorialist
have been by said committee' disposed of contrary to the true
intent and meaning of said act, the said county court is
hereby directed and impowered to draw an order upon the
Treasurer of this Colony for such sum or sums, in lieu of the
things so disposed of, as may suffice to procure cloathing,
[44] bedding, &c., equally advantageous to said Weed || and
subservient to his use and benefit as said things so disposed
of might have been ; and said sum or sums to be by said
Treasurer paid and delivered unto Messrs. Joseph Bucking-
liam and James Church, of Hartford, who are hereby ap-
pointed a committee to receive and apply such money to the
purpose aforesaid at their best discretion.

Upon information that the resolve of this Assembly in
October in the 20th year of his Majesty's reign, desiring the
Governor to advise the colonel to offer a furlough to the regi-
ment raised in this Colony, then in his Majesty's service, has
been interpreted as expressing disrespect to his Majesty's
orders, and tending to disadvantage the then intended expe-
dition against Canada, and that the said regiment is endan-
gered thereby to suffer an abatement of their pay: This
Assembly, considering how much it concerns them to stand
in an agreeable light before the King, and how much they
are bound in justice to themselves to take off all wrong im-
putations of disloyalty to his Majesty or disrespect to his
orders, take leave to offer the following matters to considera-
tion : That there could be no interest of our own to induce us

576 PUBLIC RECORDS [October,

to pass said resolve, it being then fully understood by us that
the charge of billeting the troops would be paid by the crown ;
tliat the prosperity of his Majesty's affairs and his favourable
countenance towards us were matters wherein our greatest
interest consists, and to do anything contrary thereto would
be to act against ourselves; that the intended expedition
against Canada being designed to remove from these northern
Colonies a dangerous and troublesome enemy, it was our
interest to exert ourselves in it to the utmost of our ability;
and this Assembly do declare, that they received the notice of
this intended expedition with the greatest satisfaction, and
went into the same without the least delay, raised a regiment,
provided transports, provisions and all other things necessary
for the expedition, with the utmost dispatch, and said regi-
ment was in readiness for their imbarkation at New London
early in August. We are further bound, in justice to our
inhabitants who filled up that regiment, to say that they in-
listed themselves with the utmost alacrity, and were always
expressing an eagerness to set forward and be in action ; that
from our knowledge of the troops, they were generally free-
holders or freeholders' sons, who looked upon themselves then as
going to fight for their country, and most nearly interested in
the expedition; that as they most cheerfully and freely inlisted
into the service at first, so they were ever ready and very
desirous to go forward in the same, from which we had the
greatest assurance that they would most readily muster upon
the first notice that the expedition was putting forward, and if
some few should in the mean time die or desert, there were
always enough that stood ready to inlist and supply their
place ; the assurance whereof and the consideration that there-
by we should ease the crown of the charge of their billeting, we
must take liberty to say, were the only reasons that induced
us to pass that resolve. We have this further satisfaction,
to know that the men almost universally staid at home in
readiness to receive and obey his Majesty's further orders,
and had the expedition went forward, (as was greatly de-
sired,) we have no doubt but the ready appearance of our
troops would have given full proof to the world that we were
not mistaken in this our confidence in them.

Upon the petition of Josiah Fowler, praying for a rehearing
in a case that was depending before the superior court in
New Haven in August last, wherein Robert Byinton and
Daniel Hall, both of Guilford, were plaintiffs and said Fowler
was defendant, in an action of trespass for cutting timber, as
per said Fowler's petition and the reasons therein assigned on

17."i0.] OP OONNECTICUT. 577

file appears : Resolved by this Assembly, that the said Josiah
Fowler may have, and hereby hath granted him, liberty of a
review of said action in the superior court to be held in New
Haven on the last Tuesday of February next, and that the
said superior court proceed to hear and try the same accord-
ingly : provided the said Fowler give bond before said court
in usual form to prosecute said review ; and in case said
Fowler shall obtain judgment in his favour, that then said
Byinton and Hall shall pay back to said Fowler all that he
has paid on account of said judgment and execution thereon ;
and said superior court shall award and give judgment accord-
ingly. And all costs shall follow the final tryal in said case.

[45] Upon the memorial of Thomas Gustin, agent lor the
parish of New Salem in the township of Colchester, shewing
that this Assembly at their sessions in May, 1748, ordered and
decreed that all the unimproved lands in said parish should
be taxed at one penny new tenour per acre for the space of
four years then next, said money to be improved for the sup-
port of a minister, &c. ; and that disputes had arisen, whether
the said society should proceed to levy said taxes, or any of
them, till a minister was settled in the said parish ; and pray-
ing that said grant of said taxes may be proceeded upon, &c. :
Resolved by this Assembly, that the aforesaid taxes decreed
and ordered by this Assembly at their sessions in May, 1748,
according to the form of said decree be laid, assessed and
collected, and the same shall Be improved by said parish
either for the payment of the hire or settlement of any gospel
minister that hath or shall be improved among them since the
making of said grant in May, 1748. And Mr. George Holmes
of said parish is bereby appointed to collect the said taxes and
deliver the same to the committee of said parish for the time
being, for the purpose aforesaid.

Upon the petition of Eleazer Kilborn vs. Josiah Griswould,
representing that a controversy had arisen between the said
parties in respect to a certain negro, named Zacheus, claimed
both by the said Kilbourn and the said Griswould, and that
said controversy was left to be decided by Messrs. Daniel
Hovey and Joseph Herrick, who awarded that the said Gris-
would had a legal right to said negro, and that tlie said
Kilborn should execute a quit-claim of his riglit in said negro
to said Griswould, and that said Griswould had obtained a
judgment against the petitioner at the adjourned county court
held at Hartford in June last, on a note given by the petitioner
to abide said award for the sum of <£500 damages, <fec. ; and
complaining that said damages were extremely exorbitant,
73

578 PUBLIC RECORDS [October,

and that other disputes respecting the service and the property
of the said negro are still subsisting, and long and tedious
lawsuits are likely to ensue thereon ; and the petitioner pray-
ing that the said judgment be set aside, and that a committee
be appointed to enquire, &c. : It is therefore resolved by this
Assembly, that all the matters of difference respecting the
said negro, subsisting as aforesaid, and the said judgment
complained of, be referred to the consideration of Colo. Joseph
Pitkin, of Hartford, and Mr. William Wolcott and Mr. Mathew
Rockwell, of Windsor, who are hereby appointed a committee
or referees to hear the said parties on the said differences and
matters aforesaid, at such time and place as they shall here-
after appoint within the county of Hartford, first duly notifying
the parties thereof. And said referees are directed, upon their
hearing as aforesaid, to make up their award on the premises
and return the same into the county court in the county of
Hartford on the second Tuesday of April next, of what sum
they shall find justly and equitably due from one party to the
other upon adjusting all the controversies and disputes as
aforesaid. And the said county court, upon receiving and
approving of such award, are fully impowered and directed to
render judgment for the party in whose favour any such sum
shall be awarded, to have and recover such sum against the
party from whom the same is found due as aforesaid. And
the said judgment being rendered and on record entered as
aforesaid, the same shall be a final end of all the controver-
sies between the parties subsisting as aforesaid; and that said
county court award execution on the said judgment to be
rendered as aforesaid, and that thereupon execution on the
judgment complained of be forever stayed.

Upon the memorial of John Creary, Benaddam Gallop, and
the rest of the heirs of John and Hannah Gallop, praying
for liberty to lay out to them some lands on the ungranted
lands in this Colony, in lieu of land formerly granted to and
laid out in the right of said John and Hannah taken off by
the line of the Colony of Rhode Island, &c. : Resolved and
granted by this Assembly, that the said John Creary, Benad-
dam Gallop, &c., shall have liberty to lay out and take
up eighty-two acres and an half of land, in one entire piece,
on the common and ungranted lands in this Colony, exclusive
of the town of Norfolk, in lieu of that part of the land laid
out in tl)e right of the said John and Hannah Gallop taken
off by the Colony line as aforesaid, to be to the said John
Creary, Benaddam Gallop, and the rest of the heirs of the
said John and Hannah Gallop, and their heirs and assigns.

1750.] OP CONNECTICUT. 579

And Mr. Roger Sherman, surveyor for the county of New
Haven, is appointed to lay out the same.

This Assembly do appoint and fully impower Capt. Roger
Wolcott and Mr. Thomas Seymour a committee to take
effectual care of the township of Norfolk, and that no trespasses
be committed upon the lands or timber growing thereon, and
to prosecute to final judgment and execution every person
who shall in any wise trespass thereupon ; with full power to
substitute one or more attorneys under them, for the better
effecting the premises ; to be done at the cost of this Colony.

[46] Upon the memorial of Chauncy and Elisha Whittel-
sey, of New Haven, praying for liberty to borrow £1000
sterling of the money belonging to this Colony now lying in
Great Britain, for reasons therein expressed, as on file :
Resolved by this Assembly, that the memorialists have liberty
to repair to the committee appointed by this Assembly to
make sale of the sterling money, and to their satisfaction
make and execute two proper obligatory bonds with two good
and sufficient sureties to each bond, payable to the Governor
and Company of this Colony, the one for the sum of one
thousand pounds in lawful money of Great Britain, conditioned
for the payment of five hundred pounds in coined silver
sterling alloy at the rate of five shillings and four pence per
ounce troy weight, at or before the first day of May which will
be in the year 1754, or in standard gold equivalent ; the othei-
obligatory bond for the sum of one thousand pounds in lawful
money of Great Britain, conditioned for the payment of a
certain sum or so much of the now outstanding bills of credit
of this Colony as shall be equivalent to the sum of five
hundred pounds in coined silver of sterling alloy at the rate
of five shillings and four pence per ounce troy weight, at or
before the first day of May 1754 ; with distinct bonds for the
payment of the interest thereof, at the rate of £2> per centum
per annum, in like silver at the rate aforesaid ; which being
certified by said committee to his Honour the Governor, he is
hereby desired and impowered to draw a set of three bills of
exchange on Doctor Benjamin Avery in London, for the sum
of one thousand pounds sterling, payable to the said Chauncy
and Elisha Whittelsey, which is to be out of the sterling
money received by the said Doct. Avery for the expences of
this Colony in taking Cape Breton, &c. And the said com-
mittee are directed to account of this thousand pounds as part
of the ten thousand pounds ordered to be loaned by act of
Assembly in May last, and of that which should be assigned
to the county of New Haven.

580 PUBLIC RECORDS [October,

Upon the report of Messrs. Jonathan Huntington, Jonathan
Hale and William Wittar, who were desired to view the
college, and to see what repairs were necessary to be made in
the same, shewing that it is necessary to take down and
rebuild the kitchen chimney in part or whole, and to cover
the back side, to mend the floors and make new window frames,
and to put pillars under the girts, beside some other smaller
repairs, &c. : It is resolved by this Assembly, that Capt. John
Hubbard and Mr. Samuel Mix be appointed and they are
hereby appointed a committee to make the aforesaid repara-
tions and emendations in the said college, and to improve
such proper persons as they shall see fit for the purpose afore-
said, and to draw their orders on the Treasurer of this Colony
for all such sums as shall be necessarily expended for making
such reparations, who is hereby directed to pay the same.

This Assembly being informed that there was a quantity of
powder belonging to the government committed to the care
of Joseph Whiting, Esq^, late deceased, which at his decease
was left in a warehouse in New Haven : Resolved by this
Assembly, that Mr. Aaron Day of New Haven be impowered,
and he is hereby impowered, to take care of all such powder
belonging to this Colony now in the hands of any person or
persons, and make sale thereof to the best advantage, and
also to demand of all and every person or persons who have
had or received any of the said powder the same powder again
or the money the same is worth, and pay for reasonable storage
thereof, and render his account to this Assembly in May next.

Resolved hy this Assembly , That Mr. Timothy Green, printer
to the Governor and Company of this Colony, be and he is
hereby directed, as soon as may be, to compleat the binding
of two hundred and fifty books of the new revised laws
already printed,* and transmit the same to the respective
counties according to the list of this present year : that is to
say, to Hartford county, seventy-one books ; to New Haven
county, forty-eight books ; to New London county, forty-six •
books ; to the county of Fairfield, forty-seven books ; to Wind-

* The " Acts and Laws of His Majesty's English Colony of Connecticut in New-
England in America," printed at New London, 1750, are comprised in a folio of
256 pages. The session laws of subsequjnt years are paged in continuation of
the volume, and some of them are usually found bound up with it. Though
bearing the same date and printed page (or page, there appears to have been more
than one impres.sion of the book : that one seems to have been the earliest which
has a row of printer's flowers at the bottom of page 256 : another must have been
printed in 1753, because at page 85 in the marginal note is a reference to page
267, which contains the acts of October, 1752 : another is printed in a larger type,
like that of the edition of 1769. The late Mr. Brinley had a copy with the date
1754 on the title.

1750.]

OP CONNECTICUT,

581

ham county, thirty-eight books ; and the sheriffs in the
respective counties are hereby directed to receive said books
and distribute the same to the several towns in their counties
according to the list of this present year. And the six books
now before this Assembly shall be disposed of in the following-
manner, (viz ;) one book to his Honour the Governor, one to
[47] his Honour the Deputy || Governor, and the other one
to each of the clerks of the county courts in the counties oi'
Hartford, New Haven, Fairfield and Windham, to be and
belong to the county courts in each of the said counties.

And it is further resolved, That the said Mr. Green be and
he is hereby directed, as soon as may be, in addition to the
aforesaid two hundred and fifty, to print and in the best manner
to bind the number of eight hundred and fifty, and no more,
books of those laws, which number, as soon as tliey are com-
pleated, shall be distributed into the respective towns in this
Colony, according to the aforesaid list.

An Act for stating the Fares of the Perries in this Colony in Proclamation

Money.

Be it enacted hy the Grovernor, Council and Representatives,
in Creneral Court assembled, and hy the authority of the same,
That the fares of the several ferries in this Colony shall be as
folio weth, {viz ;)

g ^ C New London Ferry, .
■^1 ] Hurlburt's Ferry, .
z"^ j Halls Do. at Norwich,
=■§ (^ Do. at Shetuckett,
Niantick Ferry, ....
' Saybrook ditto, ...

Brockways ditto, .

Chapmans ditto.

East Haddam ditto,

Midletown ditto,

Rocky Hill ditto, .
'% <( Glassenbury ditto,

Keeneys ditto,

Hartford ditto, ....

J over great river,
( and rivulet,

Windsor ditto, at Scantick, .

Suffield ditto, ....
New Haven Ferry,
Stratford ditto, . . . ,
Derby ditto, ....
Newtown ditto, at Potatuck, .

Wolcotts ditto.

"1-8

P.M

''":

'■4

■^

JL
4

3
4

; ;

i ■

3
4

; ■

1
4

JL
4

1
2

JL
4

1
4

JL
4

1
4

3
4

33 J«
o ^

•a

^ S?

ttbfi

1°

3(?

1.
4

582 PUBLIC RECORDS [October,

Knowles's, ...... Zcl

Stratford, at the Narrows, . . 2

Chichester, at Cornwal, . . .1

Disboroughs Ferry, at the Narrows over

Sagatuck River, . . . 2^

An Act relating- to the Payment of Fees, Pines, Penalties, &c., mentioned
and fixed in the Law^s of this Government.

Be it enacted and declared hy the Grovernor^ Council and Rep-
resentatives., in General Court assembled, and hy the authority
of the same, That the several sums of money mentioned, fixed
or stated, for fines, fees, penalties, duties, forfeitures, fares, and
the like, in the new revised acts and laws passed at the sessions
of this Assembly in May one thousand seven hundred and
forty-nine, and now lately printed, and in such otlier acts as
have been since made and passed, or have been made and
passed at this Assembly in their present sessions, or shall be
hereafter made and passed, are to be and shall be understood
and taken to be fixed, stated and ascertained, in Proclamation
Money, according to the act of Parliament made and passed
in the 6th year of the reign of her late Majesty Queen Anne,
entituled An Act for ascertaining the rates of foreign coins in
her Majesty's Plantations in America, (unless some other coin
or currency be or shall be therein expressed or fixed). And
that the said fines, fees, penalties, duties, forfeitures, fares,
[48] <fec., may be answered and discharged || either by paying
an equivalent in any other coin current in this Colony at the
time of payment, rated according to the directions in said act,
or by an equivalent in the bills of publick credit on this
Colony, unless where any particular law doth or shall ex-
pressly order otherwise.

This Assembly do establish and confirm Mr. Nathaniel
Berry to be Captain of the company or trainband in the town
of Kent, and order that he be commissioned accordingly.

This Assembly do establish and confirm, Mr. John Ransom
to be Lieutenant of the company or trainband in the town of
Kent, and order that he be commissioned accordingly.

This Assembly do establish and confirm Mr. Jeliiel Benton
to be Ensign of the company or trainband in the town of
Kent, and order that he be commissioned accordingly.

This Assembly grants unto the Honourable Jonathan Law,
Esq*", the sum of one hundred and thirty pounds new teiiour,
for the last half of his salary the current year.

This Assembly grants unto the Hon^ie Roger Wolcott,Esqr,

1750.] OF CONNECTICUT. 583

the sum of sixty-five pounds new tenour, for the last half of
liis salary the current year.

Granted to Timothy Green, printer, the sum of seventeen
pounds ten shillings in new tenour bills, for his last half year's
salary ; and also the sum of three hundred and thirty six
pounds old tenour, in full for his prijiting- two hundred fifty-
six books of the new revised laws of this Colony.

This Assembly do appoint William Pitkin, John Chester,
Esq-'S Colo. Thomas Welles, Colo. Joseph Pitkin and Mr.
Thomas Seymour, a committee to attend his Honour the
Deputy Governor to hear the records of the acts and doings
of this Assembly read off, as see them signed by the Secretary
as perfect and compleat.

The whole Record of the several Acts, Grants and Orders
of this Assembly, as it stands entered on the pages of this
book next preceding, was read off in the presence of the major
part of the committee abovenamed, and signed in their pres-
sence.

George Wyllys, SecreVy.

[49] Anno Regni Regis G-eorgii Secundi vigesimo-quarto.

At a General Assembly holden at Hartford in his Majes-
ty's English Colony of Connecticut in New England in
America, by special order of his Honour the Deputy
Governor, (the Governor elected in May last being
deceased,*) upon the 21st day of November, and con-
tinued by adjournment to the 22d op the same month,
ANNOQUE Domini 1750.

Present :
The Honourable Roger Wolcott, Esq"", Deputy Governor.

James Wadsworth, Jonathan Trumble,

Samuel Lynde, Hezekiah Huntington,

William Pitkin, John Bulkley,

Thomas Fitch, Andrew Burr, ( sistants.

Roger Newton, John Chester, j

Ebenezer Sillimau, Gurdon Saltonstall, )

* Jonathan Law, the only son of Jonathan and Sarah [Clark] Law, was born
in Milford, August 6th, 1674, and graduated at Harvard College, 1695. He was
seized with a strangury the day after the adjournment of the October session of
the Assembly, and died at his seat in Milford, November 6th, 1750. His widow,
(who was his fifth wife,) daughter of John Hall, Esq., of WalUngford, became
the third wife of Col. Joseph Pitkin, of East Hartford, whom she survived, and
died in New Haven June 2.3d, 1774, aged 75. Col. Pitkin was her third husband,
for she was the widow of Samuel Andrew when she married Jonathan Law. A
funeral oration on Governor Law, in Latin, was delivered in the college hall at
New Haven, December 12th, 1750, by Ezra Stiles, then senior tutor. It was
printed at New London, 1751, 4to, pp. 15.

Esq'"-% As-

584 PUBLIC RECORDS [November,

Representatives or Deputies tvho attended at this Assembly are
as folio ir, viz :

Colo. Joseph Pitkin, Mr. Thomas Seymour, for Hartford.

Capt. Stephen Lee, Mr. William Manwaring, for New London.

Mr. Jonathan Huntington, Colo. Jabez Huntington, for Wind-
ham.

Major Phinehas Lyman, Capt. Samuel Kent, for Suflfield.

Colo. Jonathan Hoit, Mr. Abraham Davenport, for Stanford.

Capt. William Williams, for Groton.

Mr. Ambrose Whittelsey, Capt. John Murdock, for Saybrook.

Mr. Caleb Baldwin, Capt. Bphraim Peck, for Newtown.

Capt. Ephraim Terry, Capt. Elijah Williams, for Endfield.

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury.

Mr. Bushnel Bostwick, Mr. Tbomas Noble, for New Milford.

Mr. Zebulon West, Mr. John Lothrop, for Tolland.

Colo. Elizur Goodrich, Capt. Jonathan Belden, for Weathers-
field.

Capt. Isaac Dickerman, Capt. John Hubbard, for New Haven.

Mr. David Rowland, for Fairfield.

Capt. William Whiting, for Norwich.

Mr. Ebenezer West, Major Joseph Fowler, for Lebanon.

Mr. Henry Bowen, Colo. Thomas Chandler, for Woodstock.

Capt. John Fowler, Mr. Robert Treat, for Milford.

Mr. Robert Knowlton, Capt. William Watkins, for Ashford.

Capt. William Buel, Capt. Joseph Phelps, for Hebron.

Mr. Joseph Strong, Mr. Phinehas Strong, for Coventry.

Mr. Andrew Robey, Capt. Nath' Holcomb, for Symsbury.

Mr. Stephen Cone, Mr. Joel White, for Bolton.

Capt. John Lumm, Capt. Abel Gun, for Derby.

Mr. Josiah Rogers, Capt. William Hoadly, for Branford.

[50] Mr. James Benedict, Capt. Richard Olmstead, for Ridg-
field.

Major Ebenezer Marsh, Capt. Joseph Sanford, for Litchfield.

Capt. Charles Bulkley, Mr. John Chamberlain, for Colcliester.

Capt. Robert Dixson, Mr. John Smith, for Voluntown.

Mr. Peter Aspinwell, Capt. William Williams, for Mansfield.

Mr. Daniel Bissell, Mr. William Wolcott, for Windsor.

Mr. Jacob Dresser, Mr. Boaz Stearns, for Killingly.

Mr. Samuel Minor, Mr. Benja. Heacock, for Woodbury.

Capt. Jonathan Lane, Capt. Nathan Kelsey, for Killing-worth.

Major Daniel Ely, Mr. Joseph Mather, for Lyme.

Colo. Samuel Hill, Major Timothy Stone, for Guilford.

Major Jal)ez Hamlin, Capt. Josejjli Southmaid, for Midletown.

Capt. William Wittar, for Preston.

Capt. Samuel Addams, Capt. Theophilus Nickols, for Stratford.

Mr. John Hooker, Mr. Nath' Newell, for Farmington.

1750.] OF CONNECTICUT. 585

Capt. Joseph Denison, for Stonington.
Colo. John Dyar, Mr. Solomon Tracy, for Canterbury.
Mr. Jonathan Dean, Mr. Ezekiel Pierce, for PlainSeld.
Mr. Thomas Benedict, Mr. Benja. Sperry, for Danbury.
Mr. Hezekiah Brainerd, for Haddam.

Colo. Benjamin Hall, Capt. Josiah Robinson, for Wallingford.
Major Elihu Chauncey, Mr. James Wadsworth, jun"", for Dur-
ham.
Mr. Samuel Fitch, Mr. Joseph Piatt, for Norwalk.
Mr. Stephen Hopkins, for Waterbury.
Mr. Ebenezer Holbrook, for Pomfrett.
Capt. John Mead, Mr. Gershom Lockwood, for Greenwich.
Colo. Thomas Welles, Speaker, ) of the House of Repre-
Mr. Abraham Davenport, Clerk, j sentatives.

This Assembly do elect the Honourable Roger Wolcott,
Esq"", to be Governor of this Colony until the Election in
May next, in the room of the late Governor, the Honourable
Jonathan Law, Esq"", deceased.

The Governor's oath, prescribed by the law of this Colony,
was admin'stered to the Hon'^'e Roger Wolcott, Esq"", Gov-
ernor, by James Wadsworth and Samuel Lynde, Esq^^, Assist-
ants, in the presence of the Assembly.

This Assembly do elect the Honourable Thomas Fitch, Esq"",
to be Deputy Governor of this Colony until the election in
May next.

The Honbie Thomas Fitch, Esq^, had the Deputy Governor's
oath, prescribed by law, administered to him by his Honour
the Governor, in the presence of the Assembly.

The oath required by act of Parliament, relating to trade
and navigation, was administered to the Hon^ie Roger Wol-
cott, Esqf, Governor, by the Deputy Governor, in the presence
of the Assembly.

This Assembly do appoint the Hon^ie Thomas Fitch, Esq"",
to be Chief Judge of the Superior Courts in this Colony, until
the election in May next.

[61] Resolved hy this Assembly^ That his Honour the Gov-
ernor be desired, and he is hereby desired, to write to Richard
Partridge, Esq^, our Agent at Great Britain, and give him
directions that when he shall receive the money granted to
this Colony for the reimbursement of the charges and ex-
pences incurred in the late intended expedition against Cana-
da, that he give information thereof as soon as may be ; and
in the mean time that he put the money into some bank or

586 RECORDS OF CONNECTICUT.

banks in England, where the same may be safe and draw an
interest while it is there.

Resolved hy this Assembly, That the Hon^'e Roger Wolcott,
Esq"", our Governor, be desired, and he is hereby desired with
the assistance of the Hon^'e Thomas Pitch, Esq"", and Major
Phinehas Lyman, to state the case and prepare the evidence
relating to the divisional line between the Province of the
Massachusets Bay and this Colony, and forthwith send it
forward to our Agent, and in every thing relating thereto
observe and pursue the several acts of Assembly heretofore
made and directions given thereon during the time the late
Honi^'e Jonathan Law, Esq*", was our Governor.

Granted to the Honourable Roger Wolcott, EsqS Governor,
the sum of sixty-five pounds new tenour, to make up his half
year's salary the current year.

Granted to the Hon^ie Thomas Fitch, Esq^, Deputy Gov-
ernor, the sum of sixty-five pounds new tenour, for his salary
until the election in May next.

Teste, George Wyllys, Secret'y.

CORRIGENDA.

Page 45, line 7, for Simon, read Simeon.

Page 364, line 10, for John Holland, read Joseph Holland. John is, however,
the reading of the record and of the original bill.

APPENDIX.

PROCEEDINGS OF THE ENGLISH PRIVY COUNCIL UPON THE
APPEALS OF CLARK vs. TOUSEY.

[From copies procured in England.]

At the Council Chamber, "Whitehall, the 29th day of Novem-
ber, 1737.

Upon reading this day at the Board the humble petition of
Samuel Clark, of his Majesty's Colony of Connecticut in America,
praying to be admitted to appeal from a sentence of the superior
court of the said Colony pronounced on the first Tuesday of
March 1732-3, * upon a writ brought by the petitioner against
Thomas Towsey, Esq., and Hannah his wife on their own account,
and against the said Thomas Towsey as guardian to John Clark
an infant, as also against Thomas Clark on his own account and
as guardian to Gamaliel Clark an infant, and against Kichard
Bryan, guardian to the children of his late wife Mehitabel, de-
ceased, relating to the division of the real estate of Samuel Clark,
Esq., deceased: It is ordered in Council, that the said petition (a
copy whereof is hereunto annexed) be, and it is hereby, referred
to the Right Honourable the Lords of the Committee of Council
for hearing appeals from the Plantations, to consider the same
and report their opinion thereupon to his Majesty in Council.

At the Council Chamber, "Whitehall, the 15th day of Decem-
ber, 1737.

It is ordered by their Lordships that the petition of Samuel
Clark, praying to be admitted to an appeal against Thomas Towsey
and others from Connecticut, be postponed.

* The record of the superior court is as follows :

A Superior Court holden at New Haven on Tuesday the sixth day of March,
anno regni Regis Georgii secundi sexto, annoque Domini 1732 3.

Samuel Clark, of Milford, Pit. verstis Thomas Tousey, Esq., of Newtown,
and Hannah his wife, on their own account &c. &c., defendants'. In a writ of
error for the reversal of a judgment or decree of the court of probate holden at
New Haven on February 28th, 1726-7, ordering a division of the land of Samuel
Clark, deceased, among the children &c., for the error assigned in the writ dated
February 21st, 1729-30. By the review of the plaintiff from a judgment of the
superior court holden at New Haven in September last, where the defendants
pleaded Nothing erroneous. And now the parties appeared and were heard upon
the plea aforesaid, and this court are of the opinion that in the said judgment
there is nothing erroneous ; and have thereupon considered that the defendants
shall recover of the plaintiff" their cost of courts, taxed at £7 8 5. Execution
granted March 2d, 1740-1.

588 APPENDIX.

At the Court at Kensington, the 25tli day of May, 1Y38.
Present : The King's Most Excellent Majesty in Council.

Upon reading at the Board a report from the Right Honourable
the Lords of the Committee of Coiincil for hearing appeals from
the Plantations, dated the 4th of this instant, in the words fol-
lowing, viz :

"Your Majesty having been pleased by your order in council of
the 29th of November last to refer unto this committee the hum-
ble petition of Samuel Clark of your Majesty's Colony of Con-
necticut in America, humbly praying to be admitted to appeal
from a sentence of the superior court of the said Colony pro-
nounced on the first Tuesday of March 1732-3, upon a writ
brought by the petitioner against Thomas Towsey, Esq, and his
wife on their own account, and against the said Thomas Towsey
as guardian to John Clark an infant, and also against Thomas
Clark on his own account and as guardian to Gamaliel Clark an
infant, and against Richard Bryan guardian of the children of
his late wife Mehitabel, deceased, relating to the division of the
estate of Samuel Clark, Esq., deceased: The Lords of the Com-
mittee, in obedience to your Majesty's said order of reference,
this day took the said petition into their consideration, and do
agree humbly to report to your Majesty as their opinion, that the
said Samuel Clark be admitted to appeal from the said sentence
of the superior court of the said Colony pronounced on the first
Tuesday in March 1732-3, upon entering into the usual security
here for prosecuting the same to effect within a year and a day
and abiding the determination of your Majesty in Council there-
upon."

His Majesty this day took the said report into consideration,
and was pleased with the advice of his Privy Council to approve
thereof and to order, and it is hereby ordered, that the said
Samuel Clark be admitted to appeal from the said sentence of the
superior court of the said Colony of Connecticut pronounced on
the first Tuesday in March 1732-3, upon entering into the usual
security here for prosecuting the same to effect within a year and
a day and abiding by the determination of his Majesty in Council
thereupon. Whereof the Governor and Company of his Majesty's
said Colony of Connecticut for the time being, and all others
whom it may concern, are to take notice and govern themselves •
accordingly.

At the Court at St. James's, the 1st day of April, 1742.
Present: The King's Most Excellent Majesty in Council.

Upon reading this day at the Board the humble petition of
Samuel Clark of his Majesty's Colony of Connecticut in America,
humbly praying, for the reasons therein contamed, that he may
be admitted to appeal from a sentence pronounced in the superior

CLARK VS. TOUSEY. 589

court of that Colony on the 17th of February, 1740, * upon a writ
of review brought by the petitioner to reverse a verdict and judg-
ment of the said superior court upon an action brought by the
petitioner against Thomas Towsey to recover several parcels of
land in that Colony: It is ordered by his Majesty in Council,
that the said petition (a copy whereof is hereunto annexed) be,
and it is hereby, referred to the Right Honourable the Loras of
the Committee of Council for hearing appeals from the Planta-
tions, to consider the same and report their opinion thereupon to
his Majesty at this Board.

At the Court at Kensington, the 17th day of May, 1742.
Present: The King's Most Excellent Majesty in Council.

Upon reading at the Board a report from the Right Honourable
the- Lords of the Committee of Council for hearing appeals from
the Plantations, dated the 12th of last month, in the words fol-
lowing, viz :

" Your Majesty having been pleased by your order in council of
the 1st of this instant to refer unto this committee the humble
petition of Samuel Clark of your Majesty's Colony of Connecticut
in America, humbly praying, for the reasons therein contained,
that he may be admitted to appeal from a sentence pronounced in
the superior court of that Colony on the 17th of February, 1740,
upon a writ of review brought by the petitioner to reverse a
verdict and judgment of the said superior court upon an action
brought by the petitioner against Thomas Towsey to recover
several parcels of land in that Colony: The Lords of the Com-
mittee, in obedience to your Majesty's said order of reference,
this day took the said petition into their consideration, and do
agree humbly to report to your Majesty as their opinion, that the
said Samuel Clark be admitted to appeal from the said sentence
of the superior court of the said Colony pronounced on the 17th
of February, 1740, upon entering into the usual security here for
prosecuting the same to effect within a year and a day and abid-
ing by the determination of your Majesty in Council thereupon."

♦The record of the superior court is as follows :

At a Superior Court holden at Fairfield on Tuesday the 17th day of February
Anno Domini 1740-1, annoque regni Regis Georgii secundi decimo quarto.

Samuel Clark jun., of Milford, Pit. vs. Thomas Towsey, of Newtown, De-
fendant, in a plea demanding surrendry of sundry tracts and parcels of land
situate and lying in said Newtown &c., bounded and described as per writ
dated March 26th, 1739. By review of the plaintiff' from a judgment of the
superior court held at Fairfield in August last on the plea No wrong nor disseizin,
as per records of said court appears. The parties appeared at this court and
were at issue on the plea Not Guilty, which issue with the evidence being com-
mitted to the jury they bro't in the following verdict, viz : In this case the
jury find the defendant is not truilty as the plaintiff" in his declaration hath
alledged, and therefore find for the defendant his cost. Whereupon it is consid-
ered by this court, that the defendant shall recover of the plaintiff" his cost of
courts, taxed at £7 6 6, and that execution &c. Execution granted Feb. 20th,
1740 1.

590 APPENDIX.

His Majesty this day took the said report into consideration,
and was pleased with the advice of his Privy Council to approve
thereof, and to order, and it is hereby ordered, that the said Sam-
uel Clark be admitted to appeal from the said sentence of the su-
perior court of the said Colony of Connecticut pronounced the
17th of February 1740, upon entering into the usual security here
for prosecuting the same to effect within a year and a day and abiding
by the determination of his Majesty in Council thereupon. Whereof
the Governor and Company of his Majesty's said Colony of Con-
necticut for the time being, and all others whom it may concern,
are to take notice and govern themselves accordingly.

At the Couet at Kensington, the 24th day of June, 1742.

Present : The King's Most Excellent Majesty in Council.

Upon reading this day at the Board the humble petition «,nd
appeal of Samuel Clarke of his Majesty's Colony of Connecticut in
America from a sentence pronounced in the superior court of the
said Colony on the 17th of February 1740, upon a writ of review
brought by the appellant to reverse a verdict and judgment of the
said superior court upon an action brought by the appellant against
Thomas Towsey to recover several parcels of land in that Colony,
(to which appeal the appellant was admitted by his Majesty's order
in council of the 17th of last month,) and humbly praying that a
day may be appointed for hearing and determining the said appeal :
It is ordered by his Majesty in Council, that the said petition and
appeal (a copy whereof is hereunto annexed) be, and it is hereby,
referred to the Right Honourable the Lords of the Committee of
Council for hearing appeals from the Plantations, to hear the same
and report their opinion thereupon to his Majesty at this Board.

At the Council Chamber, Whitehall, the 29th of June, 1742.

By the Right Honourable the Lords of the Committee of Coun-
cil for hearing appeals from the Plantations, &c.

Whereas his Majesty was pleased by his order in council of the
24th of this instant to refer unto this committee the humble peti-
tion and appeal of Samuel Clarke of his Majesty's Colony of Con-
necticut in America from a sentence pronounced in the superior
court of the said Colony on the 17th February 1740, upon a writ
of review brought by the appellant to reverse a verdict and judg-
ment of the said superior court upon an action brought by the ap-
pellant against Thomas Towsey to recover several parcels of land
in that Colony (to which appeal the appellant was admitted by his
Majesty's order in council of the 17th of last month;) and whereas
a motion was this day made to the Lords of the Committee, hum-
bly praying that a day might be appointed to hear the said appeal:
Their Lordships are thereupon pleased to order, that the said ap-
peal be heard at the first meeting of this committee in February
next; at which time all parties concerned are not to fail coming

CLARK VS. TOUSEY. 591

prepared to be heard thei'eupon by their counsel learned in the
law.

At the Council Chamber, "Whitehall, the 2d June, 1743.

Upon reading this day at the Board the humble petition of Sam-
uel Clarke of his Majesty's Colony of Connecticut in America, set-
ting forth that in November 1737, he presented a petition to his
Majesty in Council, complaining of a judgment given by the su-
perior court of that Colony on the first Tuesday in March 173|,
in favour of Thomas Towsey, Esq'', affirming a judgment of the
court of probates in relation to the division of the real estate of
Samuel Clarke, Esquire, deceased, and praying to be admitted to
appeal from the said judgment of the said superior court; that his
Majesty, upon consideration thereof, had been pleased by his order
in council of the 25th of May 1738, to allow the petitioner an appeal
therefrom, upon giving the usual security to prosecute the same to
effect within a year and a day : but the petitioner being at Con-
necticut and not receiving any advice of the appeal's being granted,
brought his ejectment in the inferior court of the said Colony
against Thomas Towse}'' for recovery of his division of the aforesaid
real estate, where judgment was given against him, as it was after-
wards upon his appeal to the superior court, from which last judg-
ment he brought a writ of review, and on the 17th February, 1740,
the said judgment was affirmed; that thereupon he presented a
petition to his Majesty in Council, praying an appeal from the
said judgment in review of the 17th February 1740, which his
Majesty was graciously pleased to grant by his order in council of
the 19th of June 1742, and security was accordingly given for
prosecuting the same : but the petitioner being informed by his
counsel that he cannot prove his case without the records of the
court below, and not being able to obtain the same, he most hum-
bly prays that he may be permitted to proceed on the order of
council of the 25th of May 1738, admitting him to an appeal from
the said judgment of the superior court held at New Haven in the
said Colony of Connecticut the first Tuesday in March 173|, on the
writ of error brought by the petitioner to reverse the said judg-
ment of the court of probates, and that the petitioner may be now
admitted to give security for prosecuting the said appeal as if he
had done the same according to the said order: It is ordered by
their Excellencies the Lords Justices in Council, that the said pe-
tition (a copy whereof is hereunto annexed) be, and it is hereby,
referred to the Right Honourable the Lords of the Committee of
Council for hearing appeals from the Plantations, to consider the
same and report their opinion thereupon to their Excellencies at
this Board.

At the Council Chamber, Whitehall, the 29th day op June, 1745.

It is this day ordered, that the petition of Samuel Clarke, praying
to be admitted to an appeal against Thomas Towsey from [a judg-

592 APPENDIX.

ment of the superior court held at New Haven in the Colony of
Connecticut on the first Tuesday in March 1732-3,] be heard on
Tuesday next, the 2d of July, at six o'clock in the evening.

At the Council Chamber, Whitehall, the 18th day of July, 1745.
Present : Their Excellencies the Lords Justices in Council.

Upon reading at the Board a report from the Right Honourable
the Lords of the Committee of Council for hearing appeals from
the Plantations, dated the 4th of this instant, in the words follow-
ing, viz :

" Their Excellencies the late Lords Justices having been pleased
by their order in council of the 2d of June 1743, to refer unto
this committee the humble petition of Samuel Clarke of his Majesty's
Colony of Connecticut in America, setting forth that in November
1737, he presented a petition to his Majesty in Council, complain-
ing of a judgment given by the superior court of that Colony on
the first Tuesday in March 1732-3, in favour of Thomas Towsey,
Esq"", afiirming a judgment of the court of probates relating to the
division of the real estate of Samuel Clarke, Esquire, deceased,
and praying to be admitted to appeal from the said judgment of
the said superior court ; that his Majesty, upon consideration thereof,
had been pleased by his order in council of the 25th May 1738, to
allow the petitioner an appeal therefrom, upon giving the usual
security to prosecute the same to effect within a year and a day,
but the petitioner being at Connecticut and not receiving any
advice of the appeal being granted, brought his ejectment in the
inferior court of the said Colony against Thomas Towsey for
recovery of his division of the aforesaid real estate, where judg-
ment was given against him, as it was afterwards upon his appeal
to the superior court, from which last judgment he brought a writ
of review, and on the 17th of February 1740, the said judgment was
affirmed; that thereupon he presented a petition to his Majesty in
Council, praying an appeal from the said judgment in review of
the 17th February 1740, which his Majesty was graciously pleased
to grant by his order in council of the 19th of June 1742, and
security was accordingly given for prosecuting the same, but the
petitioner being informed by his counsel that he cannot prove his
case without the records of the court below, and not being able to
obtain the same, he most humbly prays that he may be permitted
to proceed on the order of council of the 25th of May 1738,
admitting him to an appeal from the said judgment of the superior
court held at New Haven in the said Colony of Connecticut the
first Tuesday in March 1732-3, on the writ of error brought by the
petitioner to reverse the said judgment of the court of probates,
and that the petitioner may be now admitted to give security for
prosecuting the said appeal as if he had done the same according
to the said order : The Lords of the Committee this day took the
said petition into their consideration, and heard counsel as well for
as against this petition, and do thereupon agree to report to your

QUERIES FROM THE BOARD OF TRADE. 593

Excellencies as their opinion, that this petition of Samuel Clark
ought to he dismist."

Their Excellencies the Lords Justices this day took the said re-
port into consideration, and were pleased with the advice of his
Majesty's Privy Council to approve thereof, and to oi'der that the
said petition of Samuel Clarke be, and it is hereby, dismist this
Board. Whereof the Governor and Company of his Majesty's
Colony of Connecticut for the time being, and all others whom it
may concern, are to take notice and govern themselves accordingly.

QUERIES FROM THE BOARD OF TRADE AND PLANTATIONS

TO THE GOVERNOR AND COMPANY OF CONNECTICUT,

WITH THE ANSWERS THERETO, 1748-9.

[Foreign Correspondence, I. 163, 164, 165.]

Whitehall, June 8th, 1748.
Gentlemen : I am directed by my Lords Commissioners for
Trade and Plantations to send you the inclosed Heads of Enquiry,
and to desire your particular answer thereto as soon as may be,
together with your observations upon such points as you shall think
necessary; and you are desired to make a return thereto every six
months, that their Lordships may be apprized of any altei'ations
which may happen in the circumstances of your government.
I am, Gentlemen, your most obedient, humble servant,

Thos. Hill.
Governor and Company of Connecticut.

Queries from the Board of Trade to the Governor and Com-
pany OF the Colony of Connecticut.

[Enilorsed, Received Sept. 13th, 1748.]

[1.] What is the situation of the Colony under your govern-
ment, the nature of the country, soil and climate, the latitudes and
longitudes of the most considerable places in it, or the neighbouring
French or Spanish settlements ? Have those latitudes and longi-
tudes been settled by good observations, or only by common com-
putations, and from whence are the longitudes computed ?

[2.] What are the reputed boundaries, and are any parts thereof
disputed, what parts, and by whom ?

[3.] What is the constitution of the government ?

[4.] What is the trade of the Colony, the number of shipping,
their tonnage, and the number of sea-faring men. with the respect-
ive increase or diminution within ten years past ?

594 APPENDIX.

[5.] "What quantity and sorts of Britisli manufactures do the
inhabitants annually take from hence ?

[6.] What trade has the Colony under your government with
any foreign plantations, or any part of Europe, besides Great
Britain ? How is that trade carried on ? What commodities do
the people under your government send to or receive from foreign
plantations ?

[7.1 What methods are there used to prevent illegal trade, and
are the same effectual ?

[8.] What is the natural produce of the country, staple commo-
dities and manufactures ? And what value thereof in sterling
money may you annually export ?

[9.] What mines are there ?

[10.1 What is the number of inhabitants, whites and blacks?
Are the inhabitants increased or decreased within the last ten
years ? How much, and for what reasons ?

til.] What is the number of the militia ?
12.] What forts and places of defence are there within your
government ? and in what condition ?

[13.] What number of Indians have you, and how are they
incUned ?

[14.] What is the strength of the neighbouring Indians ?

[15.] What is the strength of your neighbouring Europeans,
French or Spaniards ? What effect have the French or Spanish
settlements on the continent of America upon his Majesty's Plan-
tations, especially on your Colony ?

[16.] What is the revenue arising within your government,
and how is it appropriated ? What are the ordinary and extra-
ordinary expences of your government ?

[17.] What are the establishments, civil and military, within
your government, and by what authority do the officers hold their
places ?

[At the May session, 1749, the foregoing queries were referred to a committee, con-
sisting of James Wadsworth, Samuel Lynde, .Jeremiah Miller, John Russell, Elihn
Chauncey, Setli Wetmore, and Joseph Piatt, who reported the following answers,
which the Secretary was ordered to sign per order of this Assembly, and direct the
same to the Right Hon*'* the Lords Commissioners for Trade and Plantations.]

May it please your Lordships : We have received your Queries
directed to the Governor and Company of this his Majesty's Colony
of Connecticut, and in answer thereto inform your Lordships:

1, The situation of the Colony, as hath been found by repeated
and careful observations, is between 41 and 42 degrees of N. lati-
tude, and about 71 of longitude from London. The three most
considerable rivers in the Colony are Connecticut, Stratford, and
New London River; the two principal branches of which last-men-
tioned river are called Quinnebaug and Shetuckett. Tis bounded
southerly by the sea or sound, near which and by the rivers the
soil is more fruitful, but the greatest part of the land is mountain-

ANSWERS TO THE BOARD OP TRADE. 595

ous and rocky. The climate is very cold in winter and hot in
summer.

2. The Colony is bounded southerly on the sea or sound, east-
erly on Rhode Island, westerly on New York, north on the line of
the Massachusetts Colony.

3. As to the constitution of the government : The legislative
power is by the royal charter vested in the General Assembly,
which consists of the Governor, or in his absence the Deputy Gov-
ernor, and twelve Assistants, (whereof the Governor or Deputy
Governor and six Assistants are a quorum,) and Representatives
from each town, not exceeding two; all which are chosen by the
freemen of the respective towns. The Governor or Depiity Gov-
ernor and Assistants are called the Upper House, the Deputies or
Representatives, the Lower House. "Without the concurrence of
each house no act is pass'd. They make laws, institute judicatories,
appoint judges and other necessary officers, who before they enter
upon their respective offices are all sworn. They meet twice in
each year, viz. in May and October, and oftener if call'd together
by the Governor on any emergency.

4. The trade of the Colony is not large. Horses, lumber and
some provisions are exported to the West India islands, from
whence we receive in exchange sugar, rum, molasses, salt, and
some bills of exchange. "What provisions we can spare are princi-
pally sent to Boston, New York and Rhode Island, to pay for Eu-
ropean goods, which we have mostly from thence, though of late
we have had some quantities of goods imported dii^ectly from Great
Britain, which trade we are endeavouring to cultivate. As to the
number of shipping and sea-faring men, we must refer you to the
account from the collector and naval officer which we herewith
transmit, and which is sent quarterly to the Commissioners of the
Customs.

5. Our inhabitants take annually of the British manufactures
all sorts of woolen cloth, silks, scj^thes, nails, glass, pewter, brass,
fire-arms, and all sorts of cutlery ware : the quantity we cannot as-
certain.

6. "We have at present no trade with any foreign plantations,
though before the late war we had some few vessels that went up
the Mediterranean with fish, with which they purchas'd bills of
exchange, and brought the effects home in British manufactures.

7. The methods us'd to prevent illegal trade are a strict con-
formity to the acts of Parliament relating thereto, by the collector
and naval officer, which we conclude are effectual.

8. The produce of the country are timber, English grain,
Indian corn, flax, hemp, tobacco, horses, cattle, sheep, swine, some
small quantities of each of which are annually exported, as before
mentioned. Our manufactures are inconsiderable, our people
being generally imployed in clearing and tilling the earth. Some
tradesmen there are, as tanners, shoemakers, taylors, joyners,
smiths, carpenters, &c., without which we could not subsist.

596 APPENDIX.

9. There are some copper mines, but proving unprofitable are
wholly laid aside. Iron ore hath been found in sundry places,
and improv'd to good advantage.

10. The number of our inhabitants, of both sexes and all
ages, are computed to be about 70,000 whites and 1000 blacks,
and they are greatly increased within the ten years last past,
which we attribute (under the divine blessing) to a wholesome air,
industrious life, and frugality in living.

11. The militia are computed to be about 10,000, reckoning
from 16 to 50 years of age.

12. We have a battery at New London, in which are 9 guns
mounted, and in our most exposed frontiers many fortifications to
secure the people from the insults of the enemy.

13. The Indians among us are about 500 in all. They are
naturally inclined to idleness and excessive drinking, but the
great pains that hath been taken to instruct them in literature
and in the christian religion seems not to be altogether in vain.

] 4. There are no Indians that border upon us. The Six Na-
tions, so call'd, are the nearest, who Kve partly in New York gov-
ernment and partly westward of it.

15. The Spaniards have no settlements nearer to us than St.
Augustine. The French at Canada, though not very near, have
been very troublesome, especially since they have built a strong
fort on this side the lake, at a place call'd (>rown Point, from
which they, with the Indians, very often make excursions and
distress our frontiers and those of New York and the Massachu-
setts, which occasions a great expence in garrisoning them.

1 6. The annual revenue by rates and duties in time of peace
amounts to about £9000 in bills of credit, about 2000 of which is
expended in the support of schools for the education of youth,
the remainder for the support of government. Since the com-
mencement of the war our expences have been vastly greater.

17. Our civil establishments are : 1. A superior court, con-
sisting of one chief judge and four assisting judges. This court
sits twice in the year in each county, in which are try'd all high
crimes and misdemeanors, and civil actions that come to thena by
appeal from inferior courts. 2. An inferior court in each county,
consisting of one chief judge and three or more justices of the
quorum, who sit twice in the year, and oftener if occasion requires,
for the tryal of delinquents and civil actions. In all these courts
matter of law is determined by the court and matter of fact by a
jury. 3. In each town are one or more justices of the peace for
conservation of the peace and tryal of small causes.

The militia is divided into thirteen regiments. The oflBcers in
each are a colonel, lieutenant colonel and major, and in each
regiment is a troop of horse. AU the officers, both civil and
miUtary, are approved by the General Assembly and commissioned
by the governor.

INDEX,

Abbott. Abiel, 441, 523 : Lemuel, 309 :

Philip, 441.

Abel, Caleb, v. Tracy, 55: Joshua,

lieutenant, 9; captain, 191.

Abington, society formed, 439; dissatis-
faction with bounds, 532.

Accounts, public : receipts for impost to
be lodged with secretary, 18; auditors
appointed, 7, 106, 197, 272, 329, 418, 463 ;
committee of the pay-table. 111, 122,
143, 455.

Acquanquage plain, 200.

Adams, Eliphalet, 359: .John, 304:

Joseph, 60: Pygan, captain, 10:

Samuel, 566; captain, Cape Breton

expedition, 85; lieutenant, 126; ensign,
193; captain, 272; deputy for Stratford,
384, 547, 584; iustice, 118, 190, 271, 353,

417,504: Thomas, justice, 352, 416,

503.

Agard, Benjamin and .Joshua, 392.

Agent in England, to adjust accounts of
military expeditions, 185, 264, 418, 456,
509, 585; statement relative to Massa-
chusetts line to be sent to, 433, 513, 553,
686. See Avery, Bulkeley, Fitch,
Palmer, Parti-idge, Williams.

Alden, Daniel, 364, 461; justice, 416, 503.

Allen, Benjamin, 439: David, ensign,

363: — '— Edward, captain, 517; guns
lent to, 496: Gideon, ensign, 109:

Jonathan, captain, 174: Jo-
seph, 378: Robert, deputy for Gro-

ton, 349 : Samuel, ensign, 420.

Ailing, 'Jaleb, lieutenant, 194 : Ebeu-

ezer, land may be sold, 169 : Jona-
than, 34, 138, 237, 255 ; deputy for New
Haven, 2: Mary, 169: Timo-
thy, 404.

AUyn, Benjamin, quarter-master, 429:

- — Caleb, captain, 274 : Ebenezer,

lieutenant, 47: Henry, 43, 545;

deputy for Windsor, 2, 460, 500; justice,

5, 105, 195, 269, 352, 431, 503: Pe-

latiah, deputy for Windsor, 187, 238,

262, 267, 319", 349: Samuel, land

may be sold, 36: Timothy, 206.

Alverd, Jonathan, 248; lieutenant, 385.

Andover society constituted, 301; meet-
ing-house, 336, 369; ecclesiastical tax,
440 ; annexed to the 12th regiment, 379.

Andrew, Samuel, 114.

Andrews, Elisha, 323; captain, 387:

Jedidiah, 544.

Andrus, Caleb, 316: Daniel, 244:

David, 367: Ephraim, ensign,

526: Eunice, 244: Ezra, 395:

Gideon, land may be sold, 316 :

Ichabod, 296, 367: Thomas, 471,

484 : William and Mary, 540.

Arnold, Gideon, 204: John, land may

be sold, 204: Josiah, ensign, 515:

Nathaniel, ensign, 196 : Rob-
ert, land may be sold, 395.

Ashford, town enlarged, 478; Watkins,
&c. V. 545.

Ashley, Ezekiel, lieutenant Cape Breton
expedition, 128, 143.

Aspinwall, Peter, deputy for Mansfield,
500, 547, 584.

Atherton, Simon, 302.

Atkins, Benjamin, 558.

Atwater, Benjamin, lieutenant, 172:

Jonathan, 373, 476 : Moses, ensign,

325 : Samuel, 373.

Austin, David, ensign, 108; lieutenant,

548: Joshua, ensign, 172:

Thomas, ensign, 468.

Avery, Benjamin, 579 ; appointed agent in
England,' 471, 472, 511; form of bills to
be drawn on, 475, 512: Christo-
pher, 139, 206, 332, 356, 514, 527 ; deputy
for Groton, 2, 45 83, 91, 102, 148, 155,
164, 187, 230, 238, 261, 267, 384, 414, 500;
auditor, 7, 197; colonel, 256; justice,

26, 105, 197, 270, 352, 416, 503:

Ebenezer, deputy for Groton, 238, 261,
384, 546; lieutenant, 389; captain, 424:

Humphrey, 532; deputy for Pres

ton, 267; justice, 26, 105, 197, 270, 352,

416, 504; loan to, 536: James, 446,

573: Jonathan, 68: Theophi-

lus, ensign, 242; lieutenant, 419.

Averill, Josiah, captain, 242: Sam-
uel, 397.

Babcock, Nathaniel, captain, 515.

Backus, Ebenezer, 68, 145, 201, 291, 299,
327, 376, 454, 494, 572: deputy for Nor-
wich, 44, 90, 163, 187, 230, 238, 262, 266,
318, 348, 384, 413, 459, 500; justice, 197,

270, 353, 416, 504: Eunice, grant

to, 207, 252 : Rev. Simon, chaplain

at Cape Breto:; , 207, 252, 374.

598

INDEX.

Bacon, Jacob, ensign, 322 : Nathaniel,

487.

Badger, Daniel, lieutenant, 48.
Baiiis, Thomas, 198.

Baker, Ephraim, ensign, 321 : John,

137, 200: Lemuel, 444: Sam

uel, 52.

Baldwin, Barnabas, captain, 481:

Benjamin, 397: Caleb, deputy for

Newtown, 500, 546, 584; justice, 563:

Daniel, 177: David, 207:

Isaac, deputy for Litchfield, 102, 148:

Jacob, 536: James, deputy

for Waterbury, 319, 349: John,

138; ensign, 361: Moses, lieuten-
ant, 553: Nathan, 181,536; deputy

for Milford, 238, 261, 267, 383; justice,

190, 270, 352, 425, 503: Nathaniel,

land may be sold, 536: Noah, 517:

Thomas, 68.

Banks, David, ensign, 273: Joseph,

ensign, 362; captain, 518.

Bannister, John and Samuel, 337, 367.

Baptists, at Killingworth and Saybrook,
113; law exempting from ecclesiastical
taxes to be printed with revised laws,
498.

Barker, Abner, ensign, 469; lieutenant,
555: James, ensign, 421.

Barlow, Jabez, lieutenant Cape Breton ex-
pedition, 12>i, 144.

Barnard, Joseph, 300, 364, 544 ; lieutenant,
473.

Barnes, Abraham and Samuel, annexed to

Westbury societv, 139: Benjamin,

828, 497: Ebenezer, 13, 123:

Nathaniel and Abigail, 166: Wil-

ham, 431.

Barnum, Ebenezer, land may be sold, 466.

Barrett, Benjamin, 179.

Barstow, Jonathan, land may be sold, 467.

Bartholomew, Samuel, 255.

Bartlett, Abraham, 533; captain, 6; dep-
uty for Durham, 319: John, 64;

lieutenant, 421: Joseph, captain,

363: Josiah, captain, 526.

Bassett, Robert, 569: Samuel, 303,

355; deputy for Derby, 44, 82, 91, 102,
147, 155, 164, 267; justice, 20, 104, 190,
270, 425, 503.

Bateman, Ebenezer, deputy for Killmgly,

164, 187, 230, 267: Eleazer and

Thomas, 179.

Bates, Ephraim, 316: John, 530:

Jonathan, captain, 263; deputy for

Stamford, 163: Joseph, 544; grant

of ferry to, 495 : Robert, land may

be sold, 316.

Bayberries, act for protection of, 170.

Bayley, Hev. James, land granted to, to be

laid out, 564: John and Joshua,

564.

Beach, Ebenezer, 130: James, 313;

ensign, 50; lieutenant, 506: John,

justice, 5, 105, 196, 269, 352.

Beaman, Thomas, 528; ensign, 426.

Beamond, Samuel, 298, 530.

Beardsley, Daniel and Samuel, 669:

Obadiah, 371.

Beckley, John, ensign, 549 : Joseph,

lieutenant, 549.

Beck with, Benjamin and George, 34:

Jonah, land may be sold, 34: Na-
thaniel, ensign, 555 : Thomas, lieu-
tenant, 165.

Bedford, Duke of, letters received from,
360, 386, 419, 461.

Beebe, James, 141 ; deputy for Danbury,
44, 83, 91, 101, 147, 154, 163, 238, 262,
266, 349, 384, 413, 460; justice, 21, 118,

190, 271, 353, 417: John, captain,

408: Samuel, captain, 168.

Beecher, Eliphalet, 176.

Beedle, Nathaniel, lieutenant Cape Breton
expedition, 86, 91; captain, 172.

Beers, Abiel, Ebenezer and Thomas, 569:
James, lieutenant, 108.

Belcher, Elijah, deputy for Preston,
384.

BeUlen, Daniel, lieutenant Canada expedi-
tion, 213, 236: Ebenezer, lieuten-
ant, 361 : John, freed from tax, 26 :

Jonathan, 641 ; deputy for Weth-

ersfield, 2, 348, 413, 499, 546, 584:

Joseph, captain, 273.

Bellows. Samuel, 140; ensign, 168; cap-
tain, 468.

Belton, .Jonas, ensign, 241 ; lieutenant, 422.

Bemis, Ephraim, 181.

Benedict, Caleb, en«ign, 548: Daniel,

deputy for Danbury, 318; lieutenant,

242 : Gideon, land may be sold, 428 :

James, deputv for Ridgefieid, 2, 44,

82, 90, 164, 319, 349, 384, 413, 460, 547,
584; justice, 21, 118, 190, 271, 353, 417,

504: John, deputy for Danbury,

318, 413, 500: Matthew, lieutenant,

6; captain, 194: Thomas, 381 ; au-
ditor, 7, 197; captain, 192; d putv for
Danbury, 2, 101, 154, 163, 186, 230, 238,
266, 349", 384, 500, 547, 5^5, for Norwalk,
2, 44, 82, 91; justice, 21, 118, 190, 271,
363, 417, 504; probate judge, 20, 118,
190, 271, 351, 417, 504.

Benham, Enos, set off to North Branford,

202: Japhet, ensign, 321; captain,

548.

Benjamin, Joseph, 484.

Bennett, Ephraim, 557: Joseph, 391:

Nathan, captain, 126.

Benton, Ebenezer, lieutenant, 469:

Jehiel, ensign, 582.

Berry, Nathaniel, lieutenant, 165; captain,
582

Bethlem, released from tax, 562.

Betts, Ella's, ensign, 107; lieutenant, 385;

captain, 423: John, justice, 21, 118:

Samuel, captain, 106; justice, 271,

353, 417.

Bicknal, James, 545; auditor, 197; dep-
uty for Ashford, 163, 186, 230, 238, 262,
266, 349, 384, 413, 459, 500; justice, 191,
271, 353, 425, 505.

Bidwell, Moses, 476: Roger. 255.

Bigelow, Isaac, ensign, 53: Timothy,

adjutant, 93; lieutenant Canada expe-
dition, 213.
Bill, Benajah, lieutenant, 48; lieutenant

INDEX.

699

Cape Breton expedition, 86: Jo-
seph, 465: I'hilip, 302.

Billings, Jo-eph, ensign, 361: Roger,

484; lieutenant, 17; lieutenant Canada
expedition, 236; deputy for Preston,
267. 460.

Bills of credit emitted, 42, 66, 99, 151, 217,
234; old, exchanged, 80; coanterfeitpd,
78, 79, 112, 178, 3n2, 330, 335, 377, 396;
burnt, 308, 441; plate to be reiiigraved,
162; act for supporting currency of,
282. 346 ; money received from Englanti
appropriated to redemption of, 410; bill
in parliament relative to, 453; to be
called in, 447, 452, 474, 510 ; account of,
to be sent to Kngland, 452, 461.

Bird, John, deputy for Litchfield, 349 :

Joseph, 20, 201, 251, 280; deputy for
Litchfield, 2, 44, 82, 90, 163, 187," 230,
238, 261, 384, 413; justice, 196, 269, 352,
416.

Birdsey, Abel, 569.

Birge, C'rnelius, 32.

Bishop, D.aniel, lieutenant, 275: Eb-

enezer, 372: Lydia, land may be

sold, 371 : Samuel, justice, 19, 104,

190. 270.

Bissell, Henjamin, 477: Daniel, 101,

180, 200, 302, 304, 568 ; deputv for Wind-
sor, 44, 82. 90, 102, 148, 155, 164, 547,

584 ; justicp, 196, 269, 352, 416, 503 :

David, ensign, 10: John, .336, 369;

justice, 5, 105.

Blackleach, Joseph, deputy for Stratford,
413; justice, 21, 118, 190, 271, 353, 417,
504.

Blackman, Matthew and Samuel, 669.

Blacksley, deacon, 169.

Blakely,"Jacob, 408, 497: James, en-
sign Canada expedition, 213.

Bloggett, Daniel, 81.

Board of Trade, queries from, with an-
swers, 593.

Boardman, Joseph, quarter-ma'^ter, 473.

Bolton, to send in list, 418; winter privi-
leges granted some of, 443; and Wind-
6or, society asked for from, 525, 561.

Booge, John, land may be sold, 113.

Booth, Daniel, lieutenant, 240: Jo-
seph, deputy for Stratford, 239, 262, 266 :
Nutlian and Zachariah, 569.

Bostwick, Bushnel, deputy for New Mil-
ford, 500, 546, 684: Daniel, 638:

Nathaniel, justice, 20, 104, 190, 352,

425, 503.

Bosworth, William, 667.

Botsford, Joseph, 225: Nathan, 557;

ensien, 276.

Bowdoin, William, 332.

Bowen, Henry, deputy for Woodstock,

460, 500, 546, 684; "justice, 605:

William, 337, 367.

Bowles, Samuel, grant to, 344.

Bowton, Daniel, land may be sold, 56 :

John, 56.

Boyce, Joseph, 112, 178, 186.

Bradford, John, ensign, 508.

Bradley, Daniel, lieutenant Cape Breton
expedition, 85; captain, 273; lieuten-

ant, 423: Jason, lieutenant, 421:

John, lieutenant, 273, 507; ensign,

274: Joseph, 620.

Brainerd, Rezaleel, captain, 387:

Elijah, ensign, 320: Gideon, cap-
tain, 106: Hezeki.ah, 365, 462;

committee, 22, 153; deputv for Had-
dam, 2, 44, 82, 90, 164, 18"7, 231, 238,
262, 267, 384, 413, 460, 500, 547, 585;
justice, 5, 108, 195, 269, 352, 416, 603:

Jeremiah, 544: Joshua, 296;

set to East Haddam, 379 : Noadiah,

deputy for East Haddam, 102, 147, 155,
187.

Brandon, Joseph, 123.

Braiiford. society asked for in north part
of, 34, granted, 138, named Northford,
509 ; some set from Wallingford to north
society, 202; meeting-house, 237, 265;
dissensions at, 359; list (1748), 410.

Breed, Gershom, lieutenant, 182:

John, deputy for Stonington, 187, 231.

Brewster, Benjamin, 328: James,

cornet, 363; lieutenant, 388.

Bridges: in Svinsburv, 18; at New Mil-
ford, 324, 538; at Norwich, 483.

Briscoe, Nathaniel, lieutenant, 468.

Bristol, Daniel, land mav be sold, 169 :

Elizabeth, 169: "Samuel, 520.

Brockway's ferry, fare at, 35. See Fer-
ries.

Brooks, Abraham, lieutenant, 194; cap-
tain, 320: Elizabeth, 254:

Timothy, land may be sold, 254.

Brown, Cornelius, 380: Daniel, cap-
tain, 514: hbenezer, 47: Isaiah,

ensign, 506: James, 360: John,

ensign Canada expedition, 213:

Joseph, 250: Nathaniel, 179, 185;

deputy for Preston, 44, 90, 163, 348;
justice, 26, 106, 197, 270, 352, 416, 504:

Phineas, ensign, 166: Samuel,

402, 440.

Bruiison, Benjamin, 528, 569: Joseph,

deputv for Waterbury, 187, 230:

Roger", justice, 20, 104, 190, 270.

Brush, Stephen, ensign, 60.

Hryan, Richard, 366, 687.

Buck, David, land mav be sold, 138:

Josiah, 138.

Buckingham, Daniel, lieutenant, 256:

Joseph. 66, 81, 122, 151, 305, 347, 396,
479, 536, 556; committee, 43, 100, 111,
143, 146, 317, 455, 624, 525, 54.J, 561,
575; committee of war, 30; deputy for
Hartford, 1, 44, 82, 90, 101, 147, 163, 186,
266, 318, 348, 383, 499; ensign, 607;
judge of probate, 4, 105, 189, 269, 361,
416, 502; justice, 6, 105, 196, 269, 352,

^415, 503: Samuel, captain, 388:

' Thomas, 114.

Buell, Abel, ensign, 426 : Daniel, lien-
tenant, 109: John, 141; justice, 5,

105: Peter, 14; captain, 48; deputy

for Coventry, 266; justice, 6, 104, 271:

Samuel, 180; ensign, 388:

William, 14, 303, 370, 378, 400; captain,
388; deputy for Hebron, 14, 82, 90, 101,
147, 154, 163, 383, 413, 460, 499, 646, 684.

600

INDEX.

Bugbee, Samuel, lieutenant, 554.
Buikelev, Charles, deputy for Colchester,

44, &2, 90, 164, 187, 230, 238, 262, 267,
318, 348, 384, 413, 460. 499, 547. 584;
justice, 269, 352, 416, 503: guns loaned

'to, 639: Kdward, 22, 89; justice,

8, 105, 195, 269, 352: Gershom,

ensign, 424; lieutenant, 555: Job,

113: John, 47, 467. 495, 538; in

nomination, 45, 168, 239, 323, 390, 461,
552; chosen assistant, 3, 103, 188 268,
360, 415, 501 ; present, 1, 44, 81, 90, 101,
147, 163, 186, 238, 266, 348, 383, 413,
499, 546, 583; committee, 25, 61. 96, 98,
277, 307, 376, 445, 523, 574; probate
judge, 4, 105, 189, 269, 351, 416, 502;
judge superior court, 103, 189, 269, 350,
415,502; agent to England, 185; com-
mittee on Massachusetts line, 301, 340,

432, 548 ; guns loaned to, 539 : Peter,

captain, 272.

Runnel, Benjamin and Ebenezer, 444:

Israel, captain, 321.

Burch, Kichard, 570.

Burdick, Samuel H., ensign, 7, 514; cap-
tain, 553.

i'lirley, Jonathan, lieutenant, 319.

Hurnham, David, lieutenant, 322:

Eleazer, 559: Michael, captain of

sloop Defence, 325; captures French
vessel, 355 ; letter of marque granted to,

360 : William, captain, 241 ; deputy

for Farmington, 348.

Burr. Andrew, 203; deputy for Fairfield,
2, 44. 82, 90, 163, 187, 230; speaker, 2,

45. 83, 91, 1H4; in nomination, 45, 168,
239. 323, 390, 461, 552; chosen assistant,
188, 268, 350, 415, 501 ; present, 238, 261,
266, 318, 348, 383, 413, 459, 499, 546, 583 ;
justice, 21, 118; judge county court,
'll8, 189, 270, 351, 417, 502;^ probate
judge, 417, 504; aids in revismg laws,
458; colonel Cape Breton expedition,
84, 94, 148; committee of war, 215:
commissary, 212, 214, 232; to take
of military stores, 342; colonel, 565;
David, lieutenant Canada expedi-
tion, 236: John, 443; deputy for

Fail field, 348; judge of probate' and
county court, 4; justice, 21, 118, 190:
Nathaniel, ensign, 385: Sam-
uel, 175,391; deputy for Fairfield, 44,

82, 102, 187, 230, 238," 262, 266, 384 :

Thaddeus, 204, 268; deputy for Fair-
field, 2, 102, 147, 266, 348, 459; justice,

21, 118, 190, 271, 353. 417, 504:

w illiam, 531; justice, 271, 353, 417,504.

Rurrett, Daniel, cornet, 526.

Burroughs, Eden, ensign, 275: John,

ensign, 166; captain, 422: Robef ,

177.

Bush, Justus, 51, 208; deputy for Green-
wich, 348: Moses, 127, 227, 296,

367.

Bushnell, Daniel, lieutenant, 106:

Kichard, quartermaster, 272; cornet,
471 ; lieutenant, 519.

Butler, Benjamin, ensign, 194: Sam-
uel, captain, 276.

Butt, Nathaniel, 477.
Byinton, Robert, 576.

Cady, Benjamin, ensign, 193: David,

captain, 320: .Joseph, 537; deputy

for Killingly, 2; justice, 6, 104, 190, 27f,
353, 505.

Caldwell, Charles, 358.

Calkins, Amos. 313: John, 18:

Stephen, lieutenant, 322.

Camp, Amos, 544: John, ensign, 423:

Jonathan, lieutenant, 320:

Nathan. 176, 333; deputy for Durham,
2, 102, 147, 155, 164, 319', 349.

Campbell, Charles, deputy for Voluntown,
2, 44, 82, 90: James, 477.

Canaan, patent granted to, 141.

Canada expedition, preparations for, 210,
231 ; soldiers furlonghed, 257 ; furlough
misconstrued, 575; reimbursement of
expenses of, 294, 3.36, 337, 509, 585 ; Gov-
ernor Shirley thinks charges excessive,
453; commissary, 573; prisoners, 307.

Candey, Theophilus, ensign, 174; lienten-
ant.'556.

Canfield, Azariah, 538: Joel, 464:

Lamuel, 308, 369, 465; deputy for

New Milford, 187, 238, 261, 267, 319, 349;
justice, 20, 104, 190, 270, 352, 425, 503.

Canterbury, in Plainfield probate district,
271; V. Mudge, 482.

Cape Breton expedition, preparation for,
.^3; reinforced, 128, 144, 148; garrison,
155; spirit ration to soldiers, 185; pro-
vision for chaplain. 185, for sick soldiers,
197; sloop Jane lost in, 306; sloop Dia-
mond lost, 486; account of expenses to
be made, 177, 183; re-imbursement of
expenses solicited, 217, 264, 293, agent
to go to England on the subject, 185,
disposition of money received fir ex-
penses of, 410, 447, 452; soldiers in, 176,
181, 201, 207, 209, 223, 313, 315, 325, 332.
344, 358, 484; other references, 129, 152.

Carew, Joseph, quarter-master, 195 ; cor-
net, 272; land may be sold, 442:

Mary, 442.

Carpenter, Eliphalet, lieutenant, 387:

John, ensign, 550.

Carr, William, 370.

Carrington, Riverius, 557 ; quarter-master,
55; cornet, 109; lieutenant, 423.

Carter, Jacob, 138: Samuel, 484.

Carv, Eleazer, deputy for Windham, 1.
186, 230, 261, 266, 318, 348, 383, 459;
ensign, 548.

Case, James, captain, 99; deputy for
Symsbury, 2, 102, 147, 154, 318', 349,

383: John, deputy lor Symsbury,

187: Jonathan, ensign, 8; lieuten-
ant, 99; captain, 556: Nathaniel,

298.

Castle, Daniel, justice, 505: Isaac,

169.

Catlin, Abijah, ensign, 526: John,

ensign, 424.

Chalker, Abraham, lieutenant, 106:

Isaac, loan made to, 408.

Chamberlain, Benjamin, lieutenant, 241 :

INDEX.

601

Daniel, 304 : John, deputy for

Colchester, 547, 584: Joseph, 482.

Champion, Henry, lieutenant, 515.

Chandlei-, John, 436 : Samuel, justice,

505: Thomas, deputy for Wood-
stock, 460, 500, 546, 584; justice, 505:
William, surveyor, 356.

Chapman, Daniel, 15, 145, 295; captain,
6; captain Cape Breton expedition, 91,

98: Jabez, deputy for East Had-

dam, 238, 261, 267; justice, 105, 195:

.Tedidiah, 5, 20, "153, 245, 374, 488,

497, 532 ; deputy for Saybrook, 2, 44, 82,
90, 102, 147, 154, 164, 187, 230, 238, 262,
267, 349, 384, 414, 460, 500; committee,
38, 139 ; captain Cape Breton expedition,
149; justice, 26, 105, 197, 270, 353, 416,

504: ■ Jeremiah, 166, 376, 381, 411,

445, 475, 495; auditor, 106; deputy for
New London, 44, 82, 90, 101, 147, 154,
163, 238, 261, 383, 413, 459 ; clerk lower

house, 239, 262, 384 : John, 81 :

Samuel, captain Cape Breton expedition,
143 ; justice, 5, 105 ; land may be sold,
373: Mary, 373: William, 371.

Chappel, Caleb, 378.

Charles, William, land may be sold, 444.

Chatfield, John, lieutenant, 554.

Cliauncey, Elihu, deputy for Durham, 2,
45, 83," 91, 102, 147, 155, 164, 231, 238,
262, 267, 384, 414, 459, 500, 547, 585;
committee, 22, 89, 139, 153, 172, 176,
307, 333, 382; justice, 20, 104, 190, 270,
352, 425, 503 : Israel, 114.

Cheesbrough, Amos, captain, 505 ; deputy
for Stonington, 102, 148, 500 : Na-
than, justice, 26, 105, 197, 270, 352, 416,
504.

Chester, ecclesiastical tax in, 245.

Chester, Jedidiah, 325: John, auditor,

272, 329, 418, 463 ; deputy for Wethers-
field, 44, 82, 90, 102, 163, 187, 230, 238,
261, 267; in nomination, 45, 168, 240,
323, 390, 461, 552; chosen assistant, 268,
350, 383, 415, 501 ; present, 318, 348, 413,
459, 499, 546, 583; committee, 23, 66,
81, 100, 101, 122, 138, 143, 146, 151, 209,
227, 254, 317, 347, 458, 474, 498, 545;
committee of war, 98; justice, 5, 105,
195, 277.

Chevers, John and Mary, 531.

Chicken, Indian, his claim to lands, 175,
434.

Child, Ephraim, ensign, 550: Penuel,

deputy for Killingly, 187, 230, 413, 460;
lieutenant, 11.

Chipman, John, 465: Thomas, 280,

378, 465 ; justice, 170, 190, 270, 352, 425,
503.

Chittenden, Joseph, 520.

Christophers, Joseph, land may be sold,
496.

Church of England, act exempting mem-
bers of from certain taxes to be printed
with revised laws, 498.

Church, James, 23, 66, 334, 341, 377, 524,
556, 561, 575; deputy for Hartford, 163;
lieutenant Cape Breton expedition, 85,
91 ; captain Canada expedition, 213.

Churchill, Samuel, ensign, 192.

Civil actions: jurisdiction of assistants,
justices and county courts, and allow-
ance of appeals, 39 ; confession of judg-
ment, 39 ; levy and return of executions,
40; service of petitions and writs, 40,
41, 61; actions for non-perambulating
bounds, 198.

Clapp, Elijah, 305: Thomas, 114, 305.

Clark, Abraham, 529, 558; ensign, 390:

Daniel, 226: Ebenezer, 204,

248, 395; ensign, 130; captain, 385:

Gamaliel, 366, 587: Gershom, au-
ditor, 7, 272; captain, 8; deputy for
Lebanon, 2, 44, 82, 90, 239, 262, 266;

justice, 104,271: .Tonah, 226:

John, 204, 333, 587 : Joseph, 201 ;

justice, 191, 271, 353, 425, 505; land

ma}' be sold, 529, 558 : Moses, land

may be sold, 403 : Nathaniel, just-
ice," 26, 105, 197, 270, 353, 416, 504:

Noah, armorer, 93; land may be sold,

544: Robert, 112: Samuel,

freed from tax, 13 ; v. Tousey, 366, 587 :
Sarah, 544: Solomon, lieuten-
ant, 420; captain, 525: Thomas,

366; justice, 190, 270, 352, 425, 603;

lieutenant, 388; captain, 506:

Timothy, 312 : Williatn, 521 :

Zachariah, 569.

Classon, .Justus, 308: Stephen, land

may be sold, 309.

Cleaveland, Deliverance, ensign, 320; lieu-
tenant, 505: Henry, lieutenant,

107 ; lieutenant Canada expedition, 213 :
Timothy, captain, 129.

Clinton, Governor George, letter received
from, 262 : Samuel, 254.

Close, Benjamin, 51: .Jonathan, en-
sign, 109: Reuben, 51.

Clough, Jonathan, deputy for Killingly,
101, 147, 154; lieutenant Cape Breton
expedition, 149.

Cluckstone, Samuel, 306.

Coats, James, 540.

Cobb, Gideon, deputy for Canterbury, 319.

Coe, Ebenezer, lieutenant, 49; captain,
506.

Cogshall, Benjamin and Elizabeth, v. Dun-
lap, 60, 130, 251.

Cogswell, Edward, 397, 567.

Coit, Daniel, 306, 397, 476, 527; justice,

26, 105, 197, 270, 353, 416, 504:

Isaac, ensign, 508: Rev. Joseph

freed from tax, 529 : Samuel, 376,

381, 514; deputy for Preston, 187, 237,
414, 500; justice, 353, 416, 504; major,
257: 'Solomon, 445, 490.

Colchester, pai-t of, asks to be made a new
society, 180; society of Marlborough
constituted, 303.

Cole, Timothy, grant of land to, 568.

Colefox, John, 526; lieutenant, 10; lieu-
tenant Cape Breton expedition, 85.

Collett, Thomas, 370.

Collier, Joseph, 298.

Collins, Benjamin, 308: Daniel, 484;

ensign, 6; captain, 421: Edward,

310, 429.

602

INDEX.

Common field, how formed, 239.

Comstock, John, 19; captain, 196:

Peter, land may be sold, 19.

Conant, Josiah, deputy for Mansfield, 2,

44, 83: Slmbaei, 392, 438; deputy

• for Mansfield, 319, 348, 384, 413, 460;
justice, 6, 104, 190, 271, 353, 425, 505.

Cone, Daniel, 113; captain, 515:

James, deputy for East Haddam, 319,

349, 384, 414, 460: Jonatban, 296:

Stephen, deputy for Bolton, 546,

584.

Confession of judgment, 39.

Conklin, Samuel, 526.

Connecticut River, seines not to be drawn
in a part of, 409 ; fishery in, gi-anted to
Williams, &c., 494.

Constables, duty of, 41 ; fees of, 178, 219,
509.

Content, a piece of land so called, 478.

Converse, Edward, ensign, 11 : James,

ensign, 519: Josiah, lieutenant,

519.

Cook, Aaron, 202; captain, 242: Ben-

iamin, 202: Ephraim, ensign, 49;

lieutenant, 191: John, 811, 331;

captain, 11; justice, 106: Nathan-
iel, captain, 364: Samuel, 114;

lieutenant, 5; v. Stratfield, 124, 531.

Cooley, Peter, land may be sold, 15.

Cooper, Lamberton, 162.

Copp, David, lieutenant, 196.

Corning, Malachi, 32.

Cornish, James, deputy for Symsbury,
266.

Cornwall, ecclesiastical tax in, 19, 122,
137 ; meeting-house, 381; patent granted
to, 380.

Cornwall, Benjamin, 367.

Cosseboom, David, 251, 301.

Cotton, Thomas, deputy for Pomfret. 102,
239, 267.

Couch, John and Deborah, 559 : Sam-
uel, 175, 434: Solomon, land may

be sold, 559.

Covell, Stephen, lieutenant, 193.

Coventry, ecclesiastical tax in, 70; part
of, asks to be a distinct society, 200,
granted and named Andover, 301.

Cowles, Benjamin, lieutenant, 409.

Craft, Joseph, 428, 439.

Crarv, John, 428, 441, 463; deputy for
Plainfield, 2, 163, 187, 239, 262, 267* 319,
348, 384, 414, 500; justice, 6, 104, 190,
271, 353, 425, 505; probate judge, 351,

425, 505; grant of land to, 578:

Nathan, 574.

Criminals, charge of prosecuting, how de-
frayed, 396.

Crippen, Thomas, ensign, 549.

Crocker, David, captain, 273.

Crown Point, 596; expedition proposed
against, 262.

Culver, Caleb, 202: Edward, land

may be sold, 142, 401.

Curtis, Benjamin, 370: Daniel, lieu-
tenant, 5 : Israel, ensign, 424 ; lieu-
tenant, 552: .James, 569; CHsign,

172 : Jonathan and Peter, 569 :

Margaret, 313 : Stiles, ensign, 191 ;

lieutenant, 424; captain, 552:

Thomas, 311, 331, 569; lieutenant, 552.
Cushing, Thomas, 129.
Cushman, Nathaniel, ensign, 49, captain,

427.
Cusk, Indian, may sell land, 3^9.

Danbury, probate court established at, 8 ;
Ridgefield annexed to probate district of,
239.

Daniels, Clement, 371: John, 201,

222.

Danielson, Samuel, captain, 193; justice,
191, 271, 353, 425, 505.

Darling, John, ensign Cape Breton expe-
dition, 87, 92 : Thomas, privilege of

making glass granted to, 281.

Darrow, Ebenezer, 559.

Dart, -John, ensign, 278; lieutenant, 320.

Daten, Ephraim, land may be sold, 431,
495 : Deliverance, 431, 495.

Dauchy, Vivus, ensign, 422.

Davenport, Abraham, deputy for Stam-
ford, 319, 348, 384, 413, 459, 500, 546,
584; clerk lower house, 547, 585; just-
ice, 417, 504: Benjamin, quarter-
master, 191 ; cornet, 321 : Deodate,

482; captain, 361; justice, 190, 270, 352,
425, 503 : Humphrey, captain, 470.

Davis, Benjamin, ensign, 518: Cor-
nelius, lieutenant, 519: George and

John, 526 : Jabez, ensign, 242 :

' Joseph, ensign, 554: Nathan, lieu-
tenant, 38.

Day, Aaron, 580 ; to take care of military
stores, 842, 493: Benjamin, lieu-
tenant, 276; captain, 525: John,

deputy for Colchester, 238, 262, 318, 348,
384, 4'l3, 460.

Dayton, Israel, 403.

Dean, Jabez, captain, 427: Jonathan,

301 ; deputy for Plainfield, 547, 585 :

.Josiah, ensign, 409.

Deer, act for preservation of, 68.

Deforest, Henry and Samuel, 569.

Deming, David, lieutenant, 362 : Na-
thaniel, land may be sold, 541:

Penuel, 201, 222. "

Denison, Daniel, lieutenant, 273, 274:

George, captain, 422: John, lieu-
tenant, 198: Joseph, deputy for

Stonington, 2, 45, 82, 91. 164, 238', 267,
318, 384, 414, 500, 547, 585; justice, 26,
105, 197, 270, 352, 416, 504; 'lieutenant,

422 ; captain, 554 : i.'obert, 277, 342 ;

captain Cape Breton expedition, 92, 98,

Canada expedition, 236: Samuel,

ensign, 461.

Dewey, Charles, 545; lieutenant, 386;
captain, 426: Samuel, 544.

Dewolf, Benjamin, ensign, 107: Sim-
eon, 440; armorer, 95.

Diamond, sloop lost in Colony service, 486.

Dibble, Jonathan, lieutenant, 276.

Dickerman, Isaac, 402, 473, 483; deputy
for New Haven, 318, 348, 384, 413, 459,
500, 546, 584; justice, 19, 104, 190, 270,
352, 425, 503.

INDEX.

603

Dickinson, Abigail, 226: Beriah,

569: David, 304; lieutenant, 388.

Diggins, Joseph, ensign, 470.

Dimocli, Samuel, justice, 196, 269, 352,

416, 503: Timothy, lieutenant^

518.

Dimon, John, captain, 108: Moses,

justice,'ll8, 190, 271, 353, 417, 504.

Disbrow, Nathan, ferry granted to, 127.

Dixon, Charles, 485 : John, 328, 371,

390, 496, 562 ; deputy for Voluntowu, 2,
44, 102, 147, 154, 186: Robert, dep-
uty for Voluntown, 238, 267, 319, 348,
384, 414, 460, 500, 547, 584: Wil-
liam, 371.

Doane, Ephraim, 486.

Dodge, John, 402: Jonathan, 295:

Samuel and William, 371.

Dolbear, Benjamin, 123: George, 371 ;

lieutenant, 281.

Dolittle, Joseph, 376 : Solomon, en-
sign, 423.

Dorrance, Rev. Samuel, v. Voluntown, 252,
406, 533.

Douglas, James, 253, 328, 487 : John,

562; captain, 108: Margaret, 15,

62, 308: Richard, 15, 62, 308:

William, 15, 62 ; grant to, 308 ; lieuten-
ant, 362.

Dow, Ebenezer, 253, 496 ; justice, 6, 104.

Dowd, John, land may be sold, 243.

Drake, Enoch and Lydia, 367: Ge-

rardus, 15 : Jacob, 486 : Fhin-

eas, 438, 522.

Draper, Gideon, 179, 436.

Dresser, Jacob, deputy for Killingly, 500,

547, 584: Jonathan, 439:

Thomas, 201, 222.

Driukwater, William, 178.

Dudley, Jedidiali, 137, 497, 513: Oli-
ver, ensign, 421: Paul, 520.

Dunham, Daniel and Mary, 312:

Jonathan, laud may be sold, 312:

Obadiah, 334: Samuel, lieutenant,

129.

Dunlop, Archibald, 130: James,

Cogshall, &c. V. 60, 130, 251.

Dunning, John, 569.

Durfey, Richard, deputy for New London,
1 ; V. Rogers, 327, 299, 484.

Durkee, Andi-ew, lieutenant, 549:

Nathaniel, ensign, 246 ; lieutenant, 321.

Duty laid on exports and imports, 283,
286.

Dwight, John, captain Cape Breton expe-
dition, 85; captain, 555; deputy for
Killingly, 44, 82, 90, 238, 262; his house

burnt, 536: Joseph, 441:

Samuel, justice, 503.

Dyer, Barret, 65; Elijah, quarter-
master, 519: Eliphalet, captain,

165; deputy for Windham, 266, 459;

justice, 190, 271, 353, 425, 505:

John, 446, 482,494; colonel, 364; dep-
uty for Canterbury, 2, 44, 91, 102, 148,
155, 164; 186, 230, 267, 460, 500, 547,
585; justice, 6, 104, 190,271, 353,425,

505 : Thomas, 482, 485 ; deputy for

Windham, 101, 147, 154, 186, 230.

East Greenwich society, • in Kent, consti-
tuted, 528; ecclesiastical tax, 569.

East Guilford and Guilford bounds, 27,
64.

East Haddam, ferry at, 495; Cosseboom
v., 551, 301; Olmsted «., 296; some set
to, from Middle Haddam, 379.

East Hampton society constituted, 204;
ecclesiastical tax, 248 ; may imbody in
church estate, 395.

Eaton, Joseph, 406.

Ecclesiastical : provision for care of estates
sequestered for use. of the ministry, 120,
199 ; who may vote in society meetings,
218; proceedings when necessary to
build meeting-house, 398; certain acts
to be printed with new I'evised laws,
497; proceedings against Pomroy, 11,
28, 375, against Owen, 20 ; new societies
established, Abington, 428, 438, Ando-
ver, 301, East Greenwich, 528, East
Hampton, 204, Gilead, 378, Killingly,
north and south, 178, Marlborough, 180,
303, Middlefield, 64, New Cambridge, 13,
North Stratford, 64, Northford, 34, 138,
509, Northiugton, 534, West Symsbury,
530 ; winter privileges granted parts of
Bolton, 443, Farmiugton, 243, Guilford,
479, Kent and New Milford, 397, Litch-
field, 407, Middletown, 56, Ridgefield,
309, Ripton and North Stratford, 569,
Voluntown, 205, West Symsbury, 220;
Baptists in Killingworth and Saybrook,
113 ; separates in Milford, 517 ; dissension
at Branfoi-d, 359, at New Salem, 371, at
North Stratford, 203, Norwich, 337, 380,
397, 480, 571, Ripton, 443.

Edgerton, Hezekiali, quarter-master, 471 ;
cornet, 519: Jacob, 68.

Edmonds, James, 205.

Edwards, Daniel, 113, 141, 207, 223, 225,
401, 570; to prosecute Pomroy, 11, 28;
to sue out mortgages due the Colony,

37, 290, 454; justice, 352, 416, 503:

John, 64: Thomas, 55; captain,

107.

Eells, Rev. Nathaniel, preached election
sermon, 350: Samuel, 517.

Election sermons : Mr. Worthington, ( 1 744, )
5; Mr. Whitman, (1745,) 103; Mr. HaU,
(1746,) 188; Mr. Hunn, (1747,) 268; Mr.
Eells, (1748,) 350; Mr. Todd, (1749,) 415;
Mr. Hobart, (1750,) 502.

Eliot, Aaron, ensign, 193; lieutenant, 419:
Jared, 114: John, 476.

EUington, ecclesiastical tax, 314.

Ellsworth, Daniel, 314: John, deputy

for Windsor, 319.

Elmor, Thomas, 332.

Ely, Daniel, deputv for Lyme, 2, 164, 459,
500, 547, 684; justice, 26, 105, 197, 270,

355, 416, 504: Samuel, justice, 417,

504; lieutenant, 555: William,

captain, 99.

Embargo laid, 88, 234.

Enfield asks to be received under jurisdic-
tion of Connecticut, 301, 339; received
into the colony, 431, 481, 547.

Eno, James, 123, 174, 300: Samuel,

604

INDEX.

captain, 10; deputy for Windsor, 384,

414; justice, 431: William, 123.

Evarts, James, v. Stow, 24, 55, 67, 175,
205 : Judah, 27.

Fairchild, Alexander, ensign, 430:

James, 64 : Robert, 566 ; deputy for

Durham, 45, 83, 91, for Stratford, 319.

Fairfield, doomed for neglect to send in
list, 80 ; and Norwalk, ferry granted to
Disbrow, 127 ; meeting-house, 315 ; Hill
v., 326, 368.

Farmington, society of New Cambridge
constituted, 13 ; ecclesiastical tax. New
Cambridge, 124, 323; winter privileges
granted some in, 243 ; Northingtou soci-
ety constituted, 534 ; an Indian in, may
sell land, 369.

Farnsworth, Joseph, surgeon Cape Breton
expedition, 94.

Farrand, Nathaniel, 132, 251, 323 ; captain
Cape Breton expedition, 128.

Farwell, Isaac, 25.

Fast days appointed, 99, 216.

Fees, constables, 178, 509; deputy sher-
ifls, 70; grandjurors, 58; gaolers, 326;
for impounding cattle, 244 ; sheriffs and
constables, 219 ; general table, 287, 354,
449 ; in what currency payable, 582.

Fences, what accounted sufficient, 354.

Fenn, Benjamin, 516.

Fenton, Francis, lieutenant, 469; captain,
555: Francis, jr., ensign, 556.

Ferries: Brockway's, fare, 35; Disbrow's
between Fairfield and Norwalk, granted,
127 ; East Haddam, granted to Bate and
Mather, 495; Glassenbury, granted to
Smith, 119; Hawkins' at Derby, 180
Hubbell's, 8, 25; Keeny's, S30; New
Haven, 316, 496; New London, 324
Niantic, 112; Rocky Hill, 292; Say
brook, 38; Smith's, 119, 182, 220, 354
Stratford, at the narrows, 566 ; Windsor,
256; Wolcott's, 182; general table of
fares, 581.

Ferris, Joseph, 557.

Field, David, ensign, 275.

Filer, Jeremiah, 298: Samuel, ensign,

387 ; lieutenant, 425.

Filley, Daniel, v. Phelps, 208, 254, 338.

Filmore, John, captain, 518.

Finch, Ebenezer, 521: John, land

may be sold, 376, 542.

Firman, John, 179.

Fish, Daniel, ensign, 516: Jolin, cor-
net, 109; ensign, 422: Moses, 338;

deputy for Groton, 318.

Fisheries : seines not to be drawn in part
of Connecticut River, 409 ; grant of, in
Connecticut River, 494.

Fisk, Ebenezer, deputy for New Milford,
101, 147, 154: John, 445, 467.

Fitch, Abner, ensign, 470 : Adonijah,

captain Cape Breton expedition, 128,
144, 155: Daniel, ensign, 197; lieu-
tenant, 507 : Eleazer, ensign, 242 ;

lieutenant, 548: Gideon, 404:

Jabez, 537 ; deputy for Canterbury, 238,
414; justice, 425, 505: James, 344;

deputy for Lebanon, 102, 148, 155, 384,

414; surgeon Cape Breton, 221:

John, 482 ; justice, 7 : Joseph, lieu-
tenant, 322: Samuel, deputy for

Norwalk, 2, 44, 101, 147, 163, 187, 230,
238, 266, 318, 349, 500, 547, 585; justice,
118,190,271,353, 417, 504; lieutenant,

Canada expedition, 235 : * Thomas,

47, 141, 146 ; in nomination, 45, 168, 240,
323, 390, 461, 552; chosen assistant, 3,
103, 188, 268, 350, 415, 501, deputy gov-
ernor, 585; present, 1, 44, 81, 90, 101,
147, 154, 163, 186, 230, 238, 261, 266, 318,
348, 383, 413, 459, 499, 546, 583; com-
mittee, 157, 355; appointed agent to
England, 185; committee of war, 215;
commissioner relative to war, 216, 346 ;
commissioner on Massachusetts line, 513,
553, 686; revises laws, 41, 334, 457;
chief judge, 585; grant to, 586; makes
steel, 58: William, ensign, 515.

Foot, Isaac, lieutenant, 553 : Nathan-
iel, 445, 467, 538, 544 ; deputv for Col-
chester, 2, 102, 147, 154, 187, "230; just-
ice, 5, 105, 195, 269, 352, 416, 503:

Robert, 52, 224; deputy for Branford,
102, 147, 155, 163, 187, 231, 239, 262.

Ford, Jacob, ensign Canada expedition,
213.

Forward, Abel, lieutenant, 277.

Fosdick, Thomas, 172, 245, 294.

Fowler, Abraham, annexed to Guilford'

1st society, 80 : John, 132, 181, 251,

303, 355 ; deputy for Milford, 2, 44, 82,
90, 102, 148, 154, 163, 186, 230, 267, 319,
348, 413, 460, 499, 546, 684; clerk, lower
house, 2, 45, 83, 91, 102, 148, 156, 164,
187, 231, 267, 319, 349, 414, 460, 500;
ensign, 506; committee of war, 31, 70;
commissary, 212, 214, 232; justice, 19,

104, 190, 270, 352, 424, 503 : Josiah,

576 : Joseph, 47 ; deputy for Leba-
non, 163, 187, 230, 319, 348, 460,500, 546,
584; commissioner on Massachusetts
boundary, 432, 548; justice, 6, 104, 190,
271, 363, 425, 605.

Fox, Benjamin, 484.

Franks, Jacob, 544.

Freeman, Caleb, 328: Edmund, 436;

surveyor, 356: James, 328:

Joseph, 328.

French, trade with, prohibited, 360.

Frink, Zachariah, 316, 328, 390, 496, 562.

Frisbee, Joseph, 359.

Frizzel, Benjamin, captain, 549.

Frost, Josiah, 485: Stephen, deputy

for Canterbury, 164, 186, 230, 267, 348,
384.

Fulford, Gershom, ensign, 278.

Fuller, Amos, released from prison, 489:

Ephraim, ensign, 468: Jacob,

25 : Joseph, 139 : Moses, cap-
tain, 108: Stephen, captain, 420;

justice, 505.

Gager, Simon, 68.

Gale, Benjamin, 544; deputy for Killing-
worth, 267, 413; justice, 197, 270, 353,
416, 504.

INDEX.

605

Gallup, Benadam, 300, 578: Isaac,

captain, 49 ; deputy for Voluntown, 267 :

John, 253 ; grant of land to heirs of,

578.

Gaoler's fees, 326.

Gates, Caleb, 328 : Daniel, 296, 328.;

captain, 552 ; deputy for East Haddam,
44, 82, 91: Thomas, 296, 328; dep-
uty for East Haddam, 500.

Gaylord, Benjamin, 223: Edward, ensign,
274: Samuel, lieutenant, 274; en-
sign, 430: William, 142.

Gee, Solomon, 304.

Geer, Robert, lieutenant, 48 ; captain, 333.

General Assembly, contempt of, 20; serv-
ice of petitions to, 61; committee to
hear records of, 43, 81, 101, 146, 227,
260, 317, 382, 412, 458, 498, 583; mem-
bers take the oath provided by act of
parliament, 268, 319, 350, 385, 415, 460,
502; election of governor and deputy
governor by, 385, 585, of treasurer, 417,
502 ; petitions relating to small matters
not to be preferred to, 410.

Gerrild, James, 403.

Gibbins, Jonathan, 484.

Gibson, John, 534.

Giddings, Nathaniel, captain, 240.

Gilbert, Nathaniel, 521 ; captain, 195:

Samuel, 378; deputy for Hebron, 499;
ensign, 106; captain, 468.

tiilead, society constituted, 378 ; meeting-
house, 404.

Gillett, John, 326.

Glass, manufacture of, 281.

Glassenbury, ferry at, granted to M. Smith,
119; highway between Hartford and,
523.

Glover, Henry, deputy for Newtown, 349,
384, 413 ; lieutenant, 320 ; captain, 468 :

John, 373; deputy for Newtown,

460, 500 ; captain, 240. '

Goff, Reuben, 25.

Gold, William, 224, justice, 20, 104.

Goodman, Richard, ensign, 11; lieutenant,
461: Timothy, ensign, 525.

Goodrich, David, ensign, 191 ; justice, 5,

105, 196, 269, 352: Elizur,'347, 395,

493, 537; deputy for Wethersfield, 2,
238, 261, 267, 318, 348, 459, 499, 546, 584;
captain Cape Breton expedition, 85, 91;

justice, 269, 352, 416, 503: Gideon,

captain, 11: .feremiah, captain,

129 : Richard, 226.

Goodwin, Daniel, 122, 568; lieutenant, 11;

captain, 461: Eleazer, 66:

Samuel, ensign, 461 : Thomas, 486.

Goodyear, Theophilus, captain, 423.

Gordon, Samuel, lieutenant, 195.

Gorham, Joseph, land may be sold, 524.

Gorton, Lancaster, 325.

Goshen, ecclesiastical tax in, 13; patent

granted to, 482.
Goslee, Henry, land may be sold, 224, 400.
Gove, Nathaniel, 65.

Grant, David, ensign, 130: Donald,

335 : Ephraim, lieutenant, 240 :

Thomas, lieutenant, 424; captain, 470:
WilUam, 331.

Gravel, Aylmer, 121.

Gray, Ebenezer, justice, 6, 104 : John

and Elizabeth, 13 : Nathaniel, land

may be sold, 13.

Green, Nathaniel, 19, 122, 137; lieutenant

Cape Breton expedition, 86, 91:

Reuben, lieutenant, 469: Samuel,

ensign, 10: Timothy, 580; grants

to, 43, 80, 185, 227, 260, 280, 328, 412,
498, 548, 583.

Gregory, Nathaniel, captain, 248:

Samuel, justice, 271, 353, 417, 504.

Gridley, Ebenezer, 207 : Eleazer, 33.

Griffin, Jasper and Robert, 313.

Griswold, Daniel, 32: David, 225,

516: Edward, 179, 516, 570:

Francis, 68: George, ensign, 473:

Rev. George, complaint against

Lyme, 574 : John, 245 ; deputy for

Lyme, 45, 82, 91, 102, 148, 164, 187, 230,
239, 262, 267, 318, 349, 414; in nomina-
tion, 46, 168, 240, 323, 390, 461, 552;
justice, 26, 105, 197, 270, 352, 416, 603:

Josiah, 577; captain, 473:

Keziah and Mary, 395 : Matthew,

deputy for Lyme, 384: Thomas,

ensign, 430; justice, 431, 503.

Grosvenor, Leicester, 532; deputy for
Pomfret, 1, 45; justice, 6, 104, 190, 271.

Groton, Indian land at, 306, 523; and Ston-
ington bounds, 26, 56, 100, 221.

Grover, John, 206; lieutenant, 364:

Joseph, land may be sold, 206.

Guernsey, Ebenezer, lieutenant, 172.

Guilford, bounds of societies in, 27, 64,
224; A. Fowler annexed to 1st society,
80; some annexed to 4th society, 313,
440, 520 ; winter privileges granted some
in, 479.

Gunn, Abel, captain, 421; deputy for
Derby, 2, 102, 147, 155, 164, 187, 230,
238, 262, 318, 349, 384, 414, 459, 546,

584: Nathaniel, 567 : Samuel,

207; justice, 20, 104; ensign, 507.

Gurney, John, 305.

Gustin, Alpheus, 224, 372, 400 : Amos,

land may be sold, 372: Thomas,

371, 577.

Halt, James, lieutenant, 548.

Hakes, Solomon, 484.

Hale, Benoni, ensign, 129: James,

captain, 390: Jonathan, 101, 396,

479,680; auditor, 106; deputy for Glas-
senbury, 2, 44, 82, 90, 102, 148, 155, 163,
187, 231, 238, 262, 319, 348, 383, 413, 460,
500, 546, 584; justice, 5, 105, 195, 269,
352, 416, 603.

Hall, Benjamin, 12, 16, 28, 78, 137, 223;
deputy for Wallingford, 2, 44, 82, 91, 101,
148, 164, 187, 230, 239, 262, 267, 318, 348,
384, 413, 460, 500, 547, 685; committee,
33, 61, 139, 153, 178, 307, 331; m nomi-
nation, 168, 240, 323, 390, 461, 552;
justice, 19, 104, 190, 270, 352, 424, 503;
commissioner on aftairs of war, 216, 345,

on Massaciusets line, 301: Caleb,

lieutenant, 240 : Daniel, 177, 576:

Edward, ensign, 361 : Ehakim,

606

INDEX.

lieutenant, 519: Elihu, 28, 78, 223,

292, 360, 562; captain Canada expedi-
tion, 236, 342 ; deputy for Wallingford,
2, 44, 82, 91 ; to sue out mortgages, 36,
291, 454; justice, 20, 104, 190, 270, 352,

425, 503: Elizabetii, 539:

Giles, 140, 202, 248, 382, 539; justice, 5,
105, 195, 269, 352, 416: Isaac, 544:

Jacob, 539: John, 365, 462;

deputy for Wallingford, 163, 187, 230:

Jonathan, 544: Moses, ensign,

240: Nathaniel, 392: Peter,

539: Samuel, 67, 485; deputy for

Wallingford, 500; justice, 20, 104, 190,

270, 352, 425, 503; lieutenant, 108:

Rev. Samuel, preached election sermon,
1S8: Theophilus, 392.

Hamilton, Jonas, 371.

Hamhn, Ebenezer, 323 : Jabez, 486,

556; deputy for Middletown, 2,45, 82,
91, 102, 147, 154, 164, 187, 239, 262, 267,
319, 349, 384, 414, 460, 501, 647, 584;
committee, 28, 140, 172, 202, 209, 254,
382, 438, 524, 561, 567; commissary, 144,
148, 150, 157, 212, 214, 232, 248; justice,
5, 53, 195, 269, 352, 415, 503.

Hammond, Elijah, 466: Josiah, en-
sign, 420.

Hand, Benjamin, deputy for Guilford, 2;
justice, 20.

Hanford, Elnathan, deputy for Norwalk,
318, 349; auditor, 272; ensign, 7; lieu-
tenant, 241: Samuel, 175; deputy

for Norwalk, 266 ; ensign, 321; captain,
548; justice, 21, 118, 190, 270, 353, 417,
504: Thomas, ensign, 272.

Harrington, Samuel, 34, 138.

Harris, James, 171, 252, 360; to return

arms, 96, 376: Joseph, ensign, 197:

Thomas, land may be sold, 135.

Harrison, Nathaniel, 52, 359; deputy for
Branford, 2, 44, 82, 91, 102, 147, 155, 187,
231, 239, 262, 267, 319, 349, 384; justice,

270, 352, 425, 505: Thomas, 407;

deputy for Litchfield, 267, 319, 459, 500;
justice, 503.

Hart, Ebenezer, ensign, 241; lieutenant,

422 : Howkins, ensign, 389 :

Jacob, 395: John, 484; justice, 5,

105, 195, 269; surgeon Cape Breton, 184:

Joseph, 243, 534; lieutenant, 107;

captain, 564: Thomas, 122; deputy

for Farmington, 102, 154, 319; justice,
5, 105, 195, 196, 269, 352, 416, 503.

Hartford, Kev. S. Woodbridge complains
of 3d society in, 27, 69; grammar school,
66; highway between Glassenbury and,
523. .

Hartshorn, Ebenezer, 26, 56, 100, 221 ; cor-
net, 195; deputy for Norwich, 546.

Hatch, Timothy, 317; justice, 5, 105, 196,
269, 352, 416, 503: Zephaniah, 440.

Hawkins, Joseph, ferry granted to, 180:

Moses, Ibl; captain, 49; deputy

for Derby, 187, 230, 238, 262, 318, 349,
384, 414, 459.

Hawley, Daniel, 524: Ezra, quarter-
master, 526 : Francis, 33, 437 ; en-
sign, 561 : Hemry, 569 : •: Hope,

367, 396, 464 : Joseph, deputy for

Eidgefield, 102, 154; ensign, 7; lieuten-
ant, 194: Nathan, ensign, 107 ; lieu-
tenant, 553: Obadiah, 437:'

Stephen, 373.

Hays, Judah, 483 : Richard, ensign,

555.

Hazard, Samuel, 328.

Hazelton, Samuel, 81.

Heaton, .James, ensign, 421.

Hebron, committee on division into socie-
ties, 138, 153, 334 ; meeting house burnt,
326; Gilead society constituted, 378;
Rev. B. Pomroy, 11, 28, 375.

Heley, Ebeiiezer, 436.

Hemingway, Samuel, ensign, 362.

Hempstead, John, lieutenant, 10:

Joshua, 62, 402; justice, 26, 105, 197,
270, 353, 416, 504: Stephen, sur-
veyor, 26.

Henderson, Walter, 123.

Hendey, Richard, 313: Robert, 440.

Herpin, John, commissary Canada expedi-
tion, 573.

Hewitt, Henry, lieutenant, 518 : Israel,

342 ; deputy for Stonington, 102 ; major,
Canada expedition, 213.

Hickox, Benjamin, deputy for Woodbury,

319, 349, 547, 584; justice, 21, 118:

Ebenezer, deputy for Danbury, 2 :

Joseph, land may be sold, 495:

Samuel, 12, 16, 61, 137, 153, 178; cap-
tain, Cape Breton, 149; deputy for Wa-

terbury, 2, 499; justice, 20, 104:

Thomas, captain, 196.

Hide, Caleb, 312: Daniel, captain,

193; lieutenant, 549 ; Isaac, ensign,

129; lieutenant, 165; captain, 515:

Jabez, 380; justice, 26, 105, 197, 270,

416,504: James, ensign, 49:

Matthew, ensign, 470 : Richard, 26,

56, 100, 221; lieutenant, 191.

Higbey, Edward, 243.

Highways, penalty for neglect to work on,
219, 353; between Glassenbury and
Hartford, 523.

Higley, Isaac, 331.

Hill, Isaac, land may be sold, 25:

John, lieutenant, 507 : Michael, 113 :

Samuel, 372; deputy for Guilford,

2, 102, 148, 155, 164, 187, 231, 238, 262,
319, 349, 384, 460, 547, 584; speaker, 102,
148, 165, 167, 231; justice, 19, 104, 190,
270, 352, 424, 503 ; probate judge, 4, 104,
189,269,351, 424, 503; in nomination,

46: Thomas, 326, 368; ensign. Cape

Breton, 149 : William, cornet, 9.

Hillhouse, William, quarter-master, 519.

Hills, Benoni, 226 : David, lieutenant,

554: Jonathan, 200, 302, 314, 334,

377.

Hind, James, deputy for New Milford,
384.

Hiuman, Coe, ensign, Canada expedition,
213: Eleazer, deputy for Wood-
bury, 460; lieutenant, 54: Noah,

deputy for Woodbury, 2, 44, 82, 90, 187,
230, 238, 262, 267, 383, 415, 600; justice,
21, 118, 190, 271, 363, 417, 604.

INDEX.
I

607

Hinsdell, Jacob, captaip, 427: John,

ensign, 425.

Hitchcock, John, 34, 138, 186, 237, 255,
402 ; depntv for New Haven, 2, 44, 82,
90, 102, 147, 154, 163, 187, 230, 238, 262,
266, for New Milford, 460; ensign, 363;
justice, 104, 190, 270, 352, 425, 503.

Hoadlv, William, captain, 389; deputy
for Branford, 547, 584 : widow, 138.

Hobart, Noah, 360 ; preached election ser-
mon, 502.

Hobby, Benjamin and Jonathan, 206.

Hogoboom, Peter, 141.

Hoit, David, ensign, 276: Jonathan,

deputy for Stamford, 1, 44, 82, 90, 101,
147, lo4, 163, 186, 230, 238, 266, 348, 384,

413, 459, 500, 546, 584; justice, 21, 118,
190, 271, 353. 417, 504; probate judge,
4, 118, 190, 271, 351, 417, 504: Na-
thaniel, lieutenant, 556: Samuel,

justice, 21, 118, 190.

Holbrook, Ebenezer, 439, 466, 537; deputy
for Pomfret, 45, 82, 91, 102, 164, 187,
231, 239, 262, 267, 319, 349, 384, 414, 459,
500, 647, 585; justice, 7, 104, 190, 217,

353, 425, 505: Nathaniel, 493,

537.

Holcomb, Nathaniel, deputy for Svms-
bury, 349, 413, 546, 584.

Holland, Joseph, 398 ; deputy for Pomfret,

414, 459, 500; justice, 353, 425, 505;
major, 364.

Holley, John, 145 : Selleck, 200.

Hollister, Timothy, captain, 507.

Hollowav, George, 380, 381; captain, 8;
justice, 105, 196, 269, 352, 416, 503.

Hohnes, Christopher, 53 ; lieutenant, 468 :

Eliphalet, land may be sold, 53:

George, 371, 577; lieutenant, 362:

'Isaac, lieutenant, 108: John,

371, 545; captain, 505: Samuel,

181: Thomas, lieutenant, 196.

Holt, .John, 332: -Joshua, lieutenant,

420: Zebadiah, ensign, 469.

Honduras, reference to voyages to, 496,
539.

Hooker, Hezekiah, justice, 271, 353, 417,

504 : John, deputy for Farmington,

187, 230, 459, 500, 547, 584: justice, 5:
Joseph, 531 ; deputy for Farming-
ton, 384, 413; justice, 352, 416, 503;
lieutenant, 196, captain, 563.

Hopkins, .Jonathan, ensign, 38 : Ste-
phen, deputy for Waterburv, 413, 499,

547, 585 : Timothy, deputy for Wa-

terbury, 239, 262, 266,"^ 319, 349, 383.

Hopson, Samuel, justice, 20, 104, 190, 270,
352.

Horsford, Daniel, 370: Timothy, 380.

Horton, Ebenezer, 302.

Hosmer, Stephen, captain, 525; deputy
for East Haddam, 2, 163; justice, 5, 196,
269, 352*.

Hotchkins, Amos, ensign, 191 : John,

captain, 191 : Thomas, justice, 53,

104, 190, 270, 350, 425, 503.

Hotchkiss, Jacob, 312: Noah, 520:

Thomas, deputy for Guilford, 319.

Hough, John, 300.

House, Benoni, 323: Nathaniel, 301:

William, 224.

Hovey, Daniel, 405.

How, Isaac, lieutenant, 361 : Samuel

and Mary, 558.
Howard, .John, quarter-master, 388 :

Samuel, land may be sold, 565. *
Howd, John and Joseph, 541.
Howell, John, land may be sold, 166 :

Stephen, 50, 476.
Hubbard, Daniel, ensign, 194: David,

justice, 352, 416, 503; lieutenant, 387:

George, lieutenant, 130: Isaac,

captain, 481: John, 60, 131, 138,

186, 237, 325, 473; deputy for New Ha-
ven, 44, 82, 90, 102, 147, 154, 163, 546,
584; committee, 34, 153, 255, 280, 580;
justice, 20, 104, 190, 270, 352, 424, 503;
probate judge, 351, 424, 503; lieutenant,
5; captain, 275; commissary, 89, 97,
148, 150, 157: Nathaniel, 127.

Hubbell, Eleazer, 430; lieutenant, 192;

captain, 565: Ephraim, captain,

124 ; justice, 190, 271, 353, 417, 504 :

Richard, 531.

Hubbell's ferry, fare of, 8, 25, 581.

Hull, Caleb, ensign, 168 : Joseph, lieu-
tenant, 193, captain, 515 : Joshua,

ensign, 514: Samuel, captain,

124.

Humerstone, Caleb, 201.

Humphrey, Dositheus, 255 : Ebenezer

and Sarah, 34: John, deputy for

Symsbury, 2, 44, 82, 90, 102, 147, 187,
231, 238,^262, 266, 383, 413, 460, 500;
auditor, 272; captain, 555; justice, 5,
105, 195, 269, 352, 416, 503 : — '- Michael,

deputy for Symsbury, 163 : Samuel,

530 ; lieutenant, 364.

Hun, Gideon, 225: Nathaniel,

preached election sermon, 268.

Hungerford, Jonathan, 371.

Hunt, Daniel, lieutenant, 549: Gideon

and Abigail, 142, 401.

Hunter, Robert, 301.

Huntington, Daniel, deputy for Norwich,

266; justice, 197, 270, 353" 416, 504:

Hezekiah, 68, 122, 327, 441 ; deputy for
Norwich, 2, 44, 82, 90, 102, 147, 154*163,

187, 230, 238, 262, 318, 348; in nomina-
tion, 45, 168, 240, 323, 390, 461, 552;
chosen assistant, 350, 501 ; present, 383,
413, 459, 499, 583; committee, 53, 60,
260, 463, 484; commissary, 89, 97, 143,
211,212,214,232; justice, 105; probate

judge, 3§0, 416, 504 : Hezekiah, jun.,

captive, 307: Isaac, 494; justice,

26, 105, 197, 352, 416, 503: .Jabez,

47, 342, 493, 545, 572; deputy for Wind-
ham, 1, 163, 261, 318, 383, 413, 499, 546,
584, for Norwich, 500; justice, 504; lieu-
tenant, 170: John, ensign, Cape

Breton, 92. Canada expedition, 214:

Jonathan, 100, 221, 446, 494. 580; deputy
for W indham, 44, 82, 90, 163, 348, 413,
499, 546, 584; justice, 353, 425, 505; en-
sign, 427 : Joshua, deputy for Nor-
wich, 2, 102; captain, 108; justice, 26,
105: Nathaniel, 441, 463; justice.

608

H^DEX.

6, 104, 190, 271, 353, 425, 505 : Sam-
uel, captain, 322.

Hurd, Benajah and David, 569: Ben-

I'amin and Adam annexed to Roxbury,
50: Samuel, 569.

Purlburt, Joseph, 326 : Nathan, lieu-
tenant, 192: Thomas, 485:

Titus, 97, 198, 199, 279, 354, 357, 496:
(a counterfeiter) 178, 185.

Hutchins, John, lieutenant, 195:

Joshua, lieutenant, 49; captain, 196:
Silas, ensign, W3.

Hutchinson, Benjamm and Anne, land

may be sold, 180 : Eleazer, captain,

48: John, lieutenant, 168:

Samuel, justice, 20, 104, 190, 270, 352,
425, 503.'

Indians: friendly, to wear badge, 76;
bounty for prisoners and scalps, 227;
grant for use of Six Nations, 292; in
Groton, 306, 523; in Sharon, 308; in
Stonington, 446, 494, 573; at Stock-
bridge, appropriation for instructing,
570; purchases of laud from in Litch-
field County, by non-inhabitants, 566;
Ben Uncas recognized as sachem, 540.

Ingals, John, 428.

Ingersoll, .John, 398: Mehitabel, 366.

Intestate estates, proceedings of Privy
Council on Clark's appeals, 587.

Isaacs, Ralph, 306 : Samuel, quarter-
master, 362.

Ives, Gideon, deputy for Wallingford, 318,
348, 384, 413, 460.

Jane, sloop lost at Louisbourg, 306.

Jarvis, Samuel, cornet, 362.

Jeffei-y, John, land may be sold, 524.

Jennings, -Joseph, 467.

.Jerome, John and Stephen, have license to
make salt, 246; loan to, 488.

Jewett, Nathan, captain, 507.

Johns, Benjiimin, 308.

Johnson, Abner, captain, 456: Amos,

captain, 561; set off to North Branford,
202: Caleb, cornet, 519: Gid-
eon, 181: James, ensign, 385:

John, 569 : Joseph, 569 ; ensign, 49 ;

lieutenant, 515: Nathaniel, 358,

359, 539; lieutenant, 420; ensign, 554:

Thomas, 140, 202, 248; deputy for

Middletown, 2; justice, 5, 105, 195,"'269,

352, 416, 503: William, 134, 306;

deputy for Mansfield, 102, 148, 155, 164,
187, 230, 238, 262, 267, 319, 348, 413, 500.

Jones, Benjamin, 302: Isaac, 396, 525,

561; ensign Canada expedition, 236:

Jabez, captain, 89: James,

ensign, 470; Samuel and Hannah,

Dunlop t'., 60, 130, 251: Thomas,

deputy for Enfield, 499.

Judea, ecclesiastical tax in, 444, 541.

Judd, .lohn, 562: Simeon, 243:

Timothy, deputy for Waterbury, 187,
230, 413, 460, 547: William, 141.

Judges, salary of, 457.

Judson, David, deputy for Stratford, 187,
230: Ephraim, deputy for Strat-

ford, 459 : John, 569 : Joseph,

11 : Nathan, freed from taxes, 11.

June, Peter and Simeon, 538.

.Juries, how chosen, 45, 247.

Justices, jurisdiction of, 39.

Karr, William, 50, 182.

Keeler, Timothy, deputy for Ridgefield,
102, 154.

Keeny, John, 569.

Keeny's ferry, fare at, 330, 581.

Kellogg, Isaac, captain, 38; justice, 105,
196, 269, 352, 416, 503 : ' Jacob, lieu-
tenant, 525: Joseph, 304:

Martin, pilot, 234; instructs Indians,
570.

Kelsey, Isaac, deputy for Killingworth,
102, 147, 154, 187, 238, 261, 318, 348, 384,

460, 500 ; justice, 270, 353, 416, 504 :

Nathan, captain, 419; deputy for Kil-
lingworth, 547, 584: Timothy, land

may be sold, 244.

Kensington, school district in, 35; com-
mittee appointed on state of, 307, 568.

Kent, Indian purchase in, 140; patent
gi'anted to, 317, error in patent, 455;
some in, have winter privileges, 397;
society of East Greenwich made, 528.

Kent, John, ensign, 130; lieutenant, 430:

Samuel, deputy for SufSeld, 546,

584; justice, 505.

Kesson, -John, ensign, 10: Thomas,

deputy for Voluntown, 102, 147, 163,
238, 319, 348.

Ketchum, Elihu, lieutenant, 274; captain,
549: ■ Jonathan, ensign, 421.

Keys, Ephraim, ensign, 469: Ger-

shom, 65.

Kilbourn, Abraham, 314: Eleazer,

577 : Jonathan, deputy for Colches-
ter, 499; lieutenant, 470: Joseph,

lieutenant, 9; captain, 525: Sam-
uel, land may be sold, 494, 540.

Killingly, meeting-house 1st society, 22,
59, 25l; first society divided, 128; in
Plainfield probate district, 271 ; Draper's
land in, 436; enlarged, 464,

Killingworth, Baptist society in, 113; mil-
itary companies in, 391.

Kimbal, Daniel, Mary, Richard, Samuel
and Sarah, 398.

Kimberly, Abraham, ensign, 361:

Nathaniel, ensign, 173; lieutenant, 321:
Thomas, 365.

King, addresses to, 157, 158, 265; procla-
mations by, prohibiting trade with the
French, 360, removing restrictions on
trade with Spain, 411, of peace with
France, &c., 419.

King, Benjamin, 483: Charles, 443:

Henry, lieutenant, Cape Breton, 86,

91, Canada expedition, 213< Wil-
liam, ensign Cape Breton, 150.

Kingsbury, Denison, 440 : Ephraim,

lieutennnt, 193; captain, 469: Jo-
seph, 374; captain, 389: Nathaniel,

200, 301.

Kinne, Amos, lieutenant, 515: Jere-
miah, justice, 505.

INDEX.

609

Kirtland, John, captain, 426: Philip,

captain, 274.
Knapp, Israel, deputy for Greenwich, 163,

187, 230, 238, 261, 267, 319, 348 ; justice,
271, 353, 417.

Knowles, Sir Charles, E. Williams to wait

on, 337: Cornelius, captain, 6;

ferry granted to, 335 : Thomas, 140.

Knowlton, Ebenezer, deputy for Ashford,
2 : Robert, deputy for Ashford, 45,

82, 91, 102, 155, 163, 459, 546, 584.

Lake, John, 225.

Lamb, David, ensign, 165.

Land: bounds, appeals on actions relating
to, 198; common fields, how formed,
239 ; west of Ousatonic River, commit-
tee on, 17, 57.

Lane, John, 521 ; justice, 26, 105, 197 :

Jonathan, captain, 167; deputy for Kil-
lingworth, 2, 164, 318, 348, 413, 547,
584; justice, 417, 504.

Latham, Daniel, 325.

Lattimer, Robert, 62.

Lattin, Thomas, lieutenant, Cape Breton
expedition, 149.

Law, Jahleel and Anne, 570 : Jona-
than, in nomination, 45, 168, 239, 322,
390, 461, 551; chosen governor, 3, 103,

188, 268, 349, 414, 501; present, 1, 43,
81, 90, 101, 147, 154, 163, 186, 230, 237,
261, 266, 318, 348, 383, 413, 459. 499,
546; grants to, 42. 80, 146, 184, 186, 226,
227, 260, 317, 346, 382, 411, 457, 458,
498, 545, 582; to write Governor Shirley
on expenses of the Canada expedition,
453; to state the case on the Massachu-
setts line, 513; his death, 583.

Lawhead, James, 494.

Lawrence, Daniel, 141, 179; captain, 408:
Isaac, ensign, 408.

Laws, to be revised, 41 ; pay for making re-
vision, 98, 334, 458; revision to be con-
sidered, 412, to be printed, 455, certain
ecclesiastical laws to be printed with,
497, distribution of, 580, notice of, 580;
acts of parliament printed, 550.

Lay, .lohn, deputy for Lyme, 500.

Lazell, James, quarter-master, 363; cor-
net, 388: Joshua, 139.

Leach, Clement, 254, 431: Ebenezer,

335, 379, 440; lieutenant, 420:

John, 18.

Leavensworth, John, annexed to Koxbury,

50; deputy for Newtown, 460:

Zebulon, annexed to Roxbury, 50.

Leavinze, James, 59 : Joseph, deputy

for Killinglv, 2, 413, 500; justice, 6, 104,
190, 271, 353, 425, 504: Noah, 222.

Leavit, Asaph, deputy for Suffield, 500.

Lebanon, new society asked for, 312;
meeting-house, 331, 381; military com-
pany, 427.

Ledyard, John, deputy for Groton, 2, 45,

83, 91, 102, 148, 164, 187, 230, 267, 349,
414; committee, 33, 71, 98, 206, 310, 312,
332, 340, 356, 364, 368, 527; justice, 26,
105, 197, 270, 352, 416.

Lee, Benjamin, 344; ensign. Cape Breton,

87; captain, Canada expedition, 213,

379; justice, 270, 353, 417, 504:

Ezra, land may be sold, 521 : Hez-

ekiah, deputy for Farmington, 1, 82, 91,

289, 261, 266, 459: Jared, captain,

388: John, 22; deputv for Lyme,

45, 91,102: land may be sold, 373:

Jonathan, 198: Joseph, 378:

Stephen, 245, 299, 307, 327, 397, 445;
captain, Cape Breton, 85, 91 ; commit-
tee, 37, 145; deputy for New London,
499, 546, 584; justice, 26, 105, 197, 270,
353: Thomas, justice, 26, 105, 197.

Leeds, Thomas, lieutenant Canada expedi-
tion, 213.

Leet, Gideon, quarter-master, 470:

Jordan, 520: Lydia, 373: Wil-
liam, proceedings against for contempt,
20. 26.

LefRngwell, Daniel and Samuel, 134:

Thomas, 446, 573.

Leonard, Ebenezer, deputy for Preston, 2,
102, 148, 319, 547.

Lester, Andrew, lieutenant, 361:

Thomas, land mav be sold, 559.

Lewis, Beach, 569: Edmund, 141,142,

569; deputy for Stratford, 1, 45, 82;
committee, 33, 135 ; justice, 21, 118, 190,
271, 353, 417, 504: Edward, 446:

• Eldad, lieutenant, 388: Icha-

bod, 569: John, lieutenant, 191:

Josiah, 323: Sevignion, 569;

ensign, 126; lieutenant, 272:

Thomas, 569 ; land may be sold, 54.

Lines, Ebenezer, 324.

Lists of polls and estates, 16, 77, 133, 174,
220, 244, 293, 330, 357, 386, 409, 410, 427,
491, 532, 568.

Litchfield, winter privileges granted some
in, 407.

Loans, made from the treasury, to Avery,
536, Chalker, 408, Jerome, 488, Whittle-
sey, 579 ; collection of, 36, 37, 54, 111,

290, 454.

Lockwood, David, deputy for Greenwich,
163: Gershom, deputy for Green-
wich, 460, 499, 547, 685: James,

deputy for Norwalk, 187, 230, 384, 460;
justice, 21, 118, 190, 271, 353, 417, 504.

Long, Silas, 302 ; deputy for Coventry, 319,
383, 460, 500; ensign, 48; lieutenant,
470; justice, 505.

Loomis, Aaron, 311, 331: Abel, 516:

Azariah, lieutenant, 10: Ca-
leb, ensign, 389; lieutenant, 525:

Israel, ensign, 38; lieutenant, 526 :

Jabez, ensign, 241 : Jacob, captain,

9: .John, 516, 5/0: Joseph,

lieutenant, 427: Odiah, 36:

Solomon, ensign, 240.

Lord, Benjamin, 114,360: Epaphras,

303, 370; deputy for Colchester, 2, 102,

■ 147, 154: Richard, deputv for

Lyme, 187, 230, 318, 349; justice, 26,
105, 197, 270, 352, 41G, 503: Sam-
uel, captain, 256.

Lothi'op, Benjamin, 371; lieutenant, 6;
captain, 195 : Daniel, 493 : Eb-
enezer, captain, 170: Elisha, cap-

610

INDEX,

tain, 241 : John, deputy for Tolland,

384, 413, 499, 546, 584: Samuel,

ensign, 241; lieutenant, 276; justice, 26,
105,197, 270, 353, 416, 504; - — Simon,
277; committee, 26, 56, 100; lieutenant-
colonel. Cape Breton, 84, 94:

Thomas, 559.

Lottery granted to Yale College, 279.

Lounsbury, Monmouth, 200.

Lumber, dutj^ on exportation of, 286.

Lumm, John, deputy for Derby, 600, 546,
584: Jonathan, ensign, 515.

Luther, Joshua, set to East Haddam, 379.

Lyman, Ebenezer, 251, 311, 331; ensign,
184; justice, 7, 105, 196, 269, 352, 416,

503 : ^^ Moses, 124, 323 : Phineas,

deputy for SufBeld, 500, 546, 584; com-
mittee on Massachusetts boundary, 553,
586; justice, 503.

Lyme, salt-works at, 488; Rev. George
Griswold's complaint against, 574.

Lynde, Samuel, 299, 327, 332, 374, 397,
457, 488, 497; in nomination, 45, 168,
240, 323, 390, 461, 552; chosen assistant,
3, 103, 188, 268, 350, 415, 501 ; present,
1, 44, 81, 90, 101, 147, 154, 163, 186, 230,
238, 261, 266, 318, 348, 383, 413, 459, 499,
546, 583; committee, 5, 28, 33, 38, 356;
judge, county court, 4, 105, 189, 270,
351, 416, 502.

Lyon, Jabez, captain, 550 : Jonathan,

captain, 362: Phineas and Thad-

deus, land may be sold, 225.

Mack, Jonathan, 243.
Mackall, James, 142, 401, 471.
Mackinzie, Roderick, land may be sold,

52.
McNall, Alexander and William, 542.
Malbone, Godfrey, 299.
Mallery, Caleb, 569.
Maltbv, Jonathan, deputy for Stamford, 1,

44, 238, 266; justice, 21, 118, 190, 271,

353, 417, 504: Samuel, deputy for

Stamford, 82.
Manning, John, captain, 5.
Mansfield, meeting-house, 25, 61, 134.
Mansfield, Ebenezer, land may be sold,

480: Jonathan, 244: Samuel,

50, 182, 303.
Manufactures: glass, 281; salt, 247, 488;

silk, act of parliament encouraging, 551,

slitting iron, 329, 551; steel, 58, 551.
Manwaring, Mary, Peter and Thomas, 478 :

William, deputy for New London,

499, 546, 584.
Marcy, Edward, lieutenant, 387; captain,

549: .Joseph, captain, 554.

Marlborough, asks to be made a society,

180, granted, 303; meeting-house, 370;

ecclesiastical tax, 400; annexed to 12th

regiment, 377.
Marsh, Ebenezer, 201, 251, 280; deputy

for Litchfield, 2, 102, 148. 154, 187, 230,

238, 261, 349, 384, 413, 459, 500, 547, 584 ;

justice, 5, 105, 196, 269, 352, 416, 503;

probate judge, 5, 105, 190,269, 351,416,

502: Isaac, quarter-master, 109:

John, 27, 45; committee of war.

30; deputy for Hartfoi-d, 1; justice, 5:

Jonathan, 114: Samuel, land

may be sold, 540: William, 560;

captain, 423; deputy for Plainfield, 44,
82, 91, 101, 147, 154; 164, 187, 231, 267;
justice, 353, 425, 505.

Marshall, Abiel, 404: David, freed

from tax, 141: Thomas, 311, 331.

Martin, Caleb, deputv for Woodbury, 319,
349.

Martyn, Robert, counterfeiter, 79.

Marvin, ,Iohn, lieutenant, 106.

Mason, Robert, 446.

Massachusetts, propositions from relative
to military expeditions, 83, 110, 262;
agreement with concerning war, 345;
troops may be sent to, 171, 346; letter
written to, 217; towns of Enfield, &e.,
301, 339, 431, 4S1 ; bounds with. 476, 508,
513, 547, 552, 586.

Massantuxet lands, Indians complain of
encroachments on, 306, 523.

Mather, Joseph, deputy for Lyme, 547,

584: Nathaniel, '36: Richard,

ferry grant to, 495 ; guns loaned to, 539 :
Samuel, 114; justice, 5, 105.

Mathews, Caleb, captain, 274:

Thomas, 153, 247; deputy for Water-
bury, 102, 148, 154, 164; justice, 270,
352, 425, 503.

Maverick, Paul, land may be sold, 250.

May, Hezekiah, 180, 304, 493, 537:

Nehemiah, lieutenant, 550.

Mayhem, penalty for, 41.

Maynerd, David, 209.

Meacr am, Jeremiah and Joseph, 24.

.Mead, Caleb, lieutenant, 109: Eben-

zer, deputy for Greenwich, 45, 82, 91,
102, 155, 319; justice, 21, 118, 353, 417,
504: .James, ensign, Canada expe-
dition, 236 : John, 2, 45, 82, 91, 102,

148, 155, 187, 230, 238, 261, 267, 384, 414,
460, 499, 547, 585: Nehemiah, dep-
uty for Norwalk, 414; ensign, 241; lieu-
tenant, 420.

Meeting-houses, proceedings when neces-
sary to build, 398.

Meigs, Josiali, captain, 275 : Return,

deputy for Middletown, 319; lieutenant,
130.

Merriam, William, lieutenant, 430.

Merriman, Caleb, ensign, 478 : John,

464.

Merritt, John, 171.

Merryal, in Kent, 528.

iMerwin, Elisha, ensign, 482: John,

ensign, 7.

Messenger, Daniel, captain, 38: Ne-
hemiah, ensign, 9: Samuel, sur-
veyor, 143.

Metcalf, William, justice, 353, 425, 605.

Middle Haddam, some set from, to East
Haddam, 379.

MiJdIefield society established, 64; meet-
ing-house, 89, 122, 142, 333.

Middletown, ecclesiastical society asked
for in south part, 21; East Hampton so-
ciety constituted, 204; Middlefield soci-
ety established, 64; winter privileges

INDEX,

611

granted part of 3d society, 56; meeting-
house 3d society, 314, 445, 467, 538;
convention appointed at, 346; ferry at,
granted to Knowles, 335; school district
in, 35.

Miles, James, 179, 464, 476, 559; captain,

519: Samuel, 152: Theophi-

lus, ensign, 194; lieutenant, 507.

Milford, list, (1748,) 386; separates in, 517.

Military affairs: powers of committee of
war, 30, 75, 99, 110; preparations for
defence, (1744,) 70; Cape Breton expe-
dition, 83, 128, 144, 148; disposition of
prisoners of war, 152 ; Louisbourg to be
garrisoned, 155, 164; pay of officers and
soldiers, 93, 110, 162, 166, 216, 258; sick
soldiers to be provided for, 166; com-
missioners of colonies meet to consult on
the war, 216, 345; proposed expedition
to Canada, 210, '231, against Crown
Point, 262; defence of frontiers, 198;
bounty for Indian prisoners and scalps,
227 ; soldiers protected from arrests, 258 ;
accounts to be made up, 177, 183, 336;
Colonel Williams to wait on Governor
Shirly on expences of expedition, 337;
Governor Shirley thinks charges excess-
ive, 453; cessation of hostilities pro-
claimed, 386; peace with France, Spain,
&c., proclaimed, 419; disposition of
arms, &c., 341, 473, 580; reimbursement
of expences, 217, 259, 264, 293, 417, 472,
509 ; soldiers for Canada expedition fur-
loughed, 257, furlough misconstrued,
580.

Militia, second company in Norwich, 125,
Marlborough annexed to 12th regiment;
377 ; Andover annexed to 12th regiment,
279; companies in Killingworth united,
391; company in Staflbrd, 464; penaltj'
for neglect to train, 291; field officers
appointed, 256, 257, 363, 364, 431, 565.

Millard, Matthew, 19, 122, 135, 137.

Miller, Benjamin, 64 : Jeremiah, 539 ;

deputy for New London, 1, 186, 238, 266,
318, 348, 383, 413, 459; committee, 72,
96, 98, 166, 259, 310, 332, 340, 356, 411,
527, 574, to print laws, 455 ; commissary,
92, 145, 162, 183, 475; justice, 26, 105,
197, 270, 352, 416, 503; probate judge,
416,456: Jonathan, 243, 534; lieu-
tenant, 564: Joseph, ensign, 421.

Millington, Solomon, 398.

Mills, Daniel, 516, 571 : Rev. Jedidiah,

Ripton mav gather rates for support of,

443: 'Joseph, 221: Pelatiah,

179, 522 : Robert, land may be sold,

222.

Ministry, care of estates given for support
of, 120, 199.

Minor, Clement, lieutenant, 107; captain,

165 ; house burnt, 310, 311 : Joseph,

17, 57, 143; deputv for Woodbury, 102,
147, 155; justice, 21, 118, 190, 271, 353,
417, 504; probate judge, 4, 118, 189, 270,

351, 417, 504: Matthew, ensign,

322: Rufus, captain, 17: deputv

for Stonington, 164, 267, 349 : - — Sam'-
uel, deputy for Woodbury, 460, 500, 547,

584: Simeon, 60; deputy for Ston-
ington, 2, 45, 91. 187, 231, 414; justice,

26, 105, 197, 270, 352, 416, 504:

William, 304.

Mitchell, James, 207.

Mix, Daniel, lieutenant, 194: Sam-
uel, 50, 60, 62, 131, 153, 280, 325, 580.

Moffat, Thomas, 123.

Moll, William, 332.

Momohoe, Indians of tribe of, 446, 494.

Money, rate of, 40, 42, 551, 582.

Moore, Joseph, 544 : Phebe, 522 :

Robert, 542: Samuel, lieutenant,

468: Thomas, 12.

Morehouse, Abraham, lieutenant, 108;
captain, 363.

Morgan, John, captain, 48: Joseph,

ensign, 47; lieutenant, 242; captain,

419: Samuel, deputy for Preston,

2, 163, 319, 384, 460, 500; justice, 26,
105, 197, 270, 352, 417, 504; lieutenant,
506.

Morison, Normand, 315; surgeon. Cape
Breton, 93, 157, 182 ; lieutenant Canada
expedition, 235, surgeon, 237 ; grant to,
253.

Morris, Adonijah, ensign, 6: Benja-
min, 433: Samuel, settlement of

estate of, 433.

Mortimer, Philip, 487.

Mortlake, annexed to Pomfret, 278, 439;
asks to be a township, 441, 463.

Morton, Jonathan, 300.

Mosely, Abner, deputy for Glassenbury,
267: Increase, justice, 417, 504.

Moses, John, 23.

Moss, Benjamin, lieutenant, 124:

Isaac, deputy for Wallingford, 101, 148,
163 : Joseph, 569.

Mudge, Charles, 482.

Mumford, James, 496.

Munger, Jonathan, ensign, 361.

Munson, Abel, 202: Israel, lieuten-
ant, 108, 274; captain, 507: Joel,

176: John, 402: Merriman,

202, 376: Stephen, 226.

Murdock, .John, 561 ; deputy for Saybrook,
319, 546, 584; lieutenant, 276; captain,
460.

Mutiny, punishment of, 77.

Mygatt, Zebulon, 134, 305.

Nash, Edward and John, 390 : Moses,

568: Samuel, land may be sold,

391: — — Thomas, ensign, 8.

Naval affairs: sloop Defence, committee
on, 33, 63, 70, to have new sails, &c.,
53, commissaries for, 80, to convoy
transports to Louisbourg, 84, 157, put in
charge of Colonel Saltonstall, 340, to be
sold, 411, disposition of ai-ms taken from,
475, 496, 539; pay of pilots, 129, of of-
ficers and men, 291, 325; embargo laid,
88; pilot for Canada expedition, 234;
French vessel captured, 355; prize
money, 209, 332, 356, 403, 471, 484, 527;
letter of tnarqu.e granted Captam Burn-
ham, 360; sloops Jane and Diamond
lost, 306, 486.

612

INDEX.

Negns, Samuel, 202.

Nehantick rope fevrj, fare at, 112, 581.

Nelson, Andrew, counterfeiter, 178, 185.

Nevins, David, 226, 298.

New Cambrldgft, society established, 13;
meeting-house, 140,202,248; ecclesias-
tical tax, 124, 323.

New Concord, ecclesiastical tax in, 68.

New Fairfield, in Danbury probate district,
8; bounds, 135; dissentions in, 368; ec-
clesiastical tax, 871, 430.

New Hartford, ecclesiastical tax, 65.

New Haven, ferry at, 316, 496, 581.

Aew London, provision for defence of, 71,
99, 198, 279, 354; ferry, 324, 581; flag
at fort, 357.

New London Society referred to, 309, 438,
445, 490.

New Milford, bounds, 135; bridge, 324,
538 ; winter privileges granted some in,
897.

New Salem, ecclesiastical tax, 372, 577;
dissentions in, 371.

New York, letter sent to, 217 ; convention
at, 345 ; some of, make illegal purchases
of land from Indians, 566.

Newberry, Roger, 249.

Newcastle, Duke of, letter received from,
210.

Newcomb, Obadiah, captain, 420.

Newell, Nathaniel, deputy for Farmington,
547, 584; ensign, 107;" lieutenant, 564.

Newington, 307 ; grant to, 374.

Newport, William, 141.

Newton, Israel, deputy for Colchester, 44,
82, 90; justice, 42, 105; major. Cape

Breton, 85, 95: Roger, 186; in

nomination, 45, 168, 240, 323, 352, 890,
461 ; chosen assistant, 3, 103, 188, 268,
350, 415, 501; present, 1, 44, 81, 90, 147,
154, 163, 186, 230, 238, 261, 266, 318,
348,383, 418,459, 499, 546, 583; com-
mittee of war, 31, 70; judge, county
court, 4, 104, 189, 269, 850, 424, 502;
lieutenant-colonel, 863.

Newtown, in Danbury probate district, 8;
to send in list, 109, doomed for non-
compliance, 250, 807.

Nichols, Cyprian, adjutant. Cape Breton,

92, 98; land may be sold, 255:

Daniel, 170: James, 815, 587:

Josiah, 170: Theophilus, deputy

for Stratford, 1, 45, 82, 91, 102, 147, 155,
289, 262, 266, 319, 384, 500, .547, 584;
commissary, 89, 97; justice, 21, 118,
250, 271, 353, 417, 504.

Nightingale, Samuel, deputy for Pomfret,
547.

Noble, Daniel, ensign, 565: David,

deputy for New Milford, 163, 187, 280,

238, 261, 267: Gideon, 537:

Stephen, 142 : Thomas, deputy for

New Milford, 546, 584.

Nodd, in Farmington, 243, 534.

Norfolk, land in, 380; to be sold, 408, sale
suspended, 561; committee to take care
of, 579.

North, James, 535 : Thomas, ensign,

128 : captain, 322.

North Stratford, society constituted, 64;
dissention in, 203; meetinghouse, 823;
winter privileges gi'anted some in, 569.

Northbury, meeting-house, 169; ecclesi-
astical tax, 201.

Northford, societv established, 188; named,
509.

Northington, society constituted, 534.

Northrop, Joel, captain, 275 : John,

deputy for Newtown, 267, 818, 413:

Stephen, 309.

Norton, Isaac, 867, 485 ; ensign, 422 :

Rev. John, 395; grant to, 345:

Samuel, 27 ; land may be sold, 249 :

Simeon, 520: Thomas, 487.

Norwalk, ferry at, granted to Disbrow,
127.

Norwich, ecclesiastical taxes in, 68, 404 ;
new society asked for in, 206; troubles
in 2d society, 374, with Rev. H. Wills,
337, 380, 397, 480, 571; meeting-house
1st society, 376, 881, 493, 537; and Pres-
ton line, 828 ; 2d military company, 125 ;
probate district established, 886; toll
bridge, 483.

Nott, Rev. Abraham, complains against
Saybrook, 566.

Noyes, .Tames, 114: John, 300; dep-
uty for Stonington, 238: Joseph,

114, 466: Moses, 564: Thomas,

543, 560.

Nye, Ebenezer, captain, 240.

Oath of fidelity to be administered to sol-
diers, 92.

Odell, Hezekiah, ensign, 168; lieutenant
273: Samuel, ensign, 273.

Olcott, Jonathan, 800 : .Josiah, ensign,

26. 275 : Nathaniel, lieutenant, 26 :

— Timothy, 32.

Olmsted, Daniel, deputy for Kidgefield, 44,
82, 90: Richard, deputy for Ridge-
field, 2, 187, 230, 239, 262, 267, 547, 584;

justice, 21, 118, 190, 271, 358:

Samuel, deputy for Ridgefield, 164, 187,
280, 239, 262, 267, 819, 849, 884, 418,
460, 500; justice, 5, 353, 417, 504; heu-
tenant, 423: William, 251, 296, 301.

Orton, .John, 243, 534.

Orviss, Charles, land may be sold, 34, 207.

Osborn, David, 557 : .John, 559 :

Jonathan, land may be sold, 678:

Richard, 15.

Owen, John, ensign, 99, 568: Rev.

John, proceedings against, 20.

Packer, James, 471, 484; quarter-master,
862.

Paddock, Zachariah, 61.

Paine, Benjamin, 467: James, land

may be sold, 467.

Painter, Deliverance, 374; ensign, 549.

Palmer, Chistopher, 527: Eliakim,

512; grants to, 43, 146, 227, 317, 882,
457 ; letters written to, 410, 452, received
from, 293; to solicit reimbursement of
expences, 217, 264,418, 456; dead, 472:

Ichabod, land may be sold, 543,

560 : John, 179, 208, 254, 338, 468 ;

INDEX,

613

lieutenant, 506 ; captain, 507 : Jon-

than, lieutenant, 469 : Joseph, dep-
uty for Voluntown, 186, 414; justice, 7,

104, 190, 271, 353; ensign, 554:

Joshua, land may be sold, 52 : Na-
than, 484: 'Nehemiah, deputy for

Stonington, 384, 459; justice, 504:'

Samuel, 208, 254, 300, 328, 338, 559.

Palmeter, Ebenezer and Elnathan, 371.

Pardee, Benjamin and Noah, ferrymen,
496.

Park, Daniel, 328: Joseph, deputy

for Voluntown, 460 : Robert, 253

Parker, Elisha, counterfeiter, 78 ; sale of

his estate, 223: Isaac, 223:

John, ensign. Cape Breton, 128, 143:

Samuel, deputy for Coventry, 44,

82, 90, 101, 147, 154, 163, 187, 230.

Parkhurst, Joseph, 119, 407, 431; deputy

for Plainfield, 44, 82, 91, 101, 147, 154.
Parliament, a bill concerning paper money

depending before, 453; certain acts of,

printed, 550.
Parmele, Isaac, John and Joseph, 520.
Parrish, Ephraim, ensign. Cape Breton,

128, 144: Isaac, lieutenant, 109.

Parry, John, ensign, 387; lieutenant, 549.
Parsons, John, 370; quarter-master, 519:

Timothy, 367, 396, 464; captain,

172.

Partridge, Richard, appointed colonial

agent, 509; written to, 585.
Pasco, John, ensign, 520.
Patrick, Matthew, 205.
Patterson, Henry, 559 : James, 307 :

John, 309, 438; lieutenant, Canada

expedition, 213.
Paupers, provision for support of, 132.
Payne, David and Wilham, 252 : Rev.

Seth, 81; complains of salary unpaid,

22
Peabody, Richard, 398, 428.
Peake, Christopher, ensign, 48.
Pearl, Timothv, 440.
Peck, Aliff, 56'5: Benjamin, 543, 565

Ebenezer, lieutenant, 390:

Ephraim, deputy for Newtown, 546, 584

Henry, 517; lieutenant, 194:

Heth, 225"; deputy for Newtown, 384
ensign, 240: James, 50, 476; en-
sign, 194; lieutenant, Canada expedition,

213; lieutenant, 275; captain, 5^8:

Jeremiah, 517: Joseph, 19; deputy

for Danbury, 460; ensign, 193; lieuten-
ant, 469: ^ Nathaniel, justice, 21,

118, 190, 271, 353, 417, 504: Sam-
uel, lieutenant, 167 ; land may be sold,
566 : William, 543.

Peckham, Caleb, 14: Robert, land

may be sold, 14.
Peet, Richard, lieutenant, 242:

Thomas, lieutenant, 107.
Peltou, Henry, 543: Samuel, 226,

298.
Pembleton, Joshua, ensign. Cape Bi'eton,

86. '
Pendleton, .Joshua, ensign, 363.
Penfield, John, 333.
Penniman, James, 466.

Penoyer, Samuel, 15,

Pepperell, William, lieutenant-general,
Cape Breton, 92.

Percival, John, ensign, 552.

Perkins, Daniel, land may be sold, 325:
Jacob, ensign, 196 : John, en-
sign, 49; lieutenant, 196: Luke,

177, 376, 381, 445, 532; deputy for Gro-
ton, 318, 500; justice, 26, 105, 197, 270,

353, 416, 504: Samuel and Hannah,

464.

Perrin, Samuel and Doi-othy, 433.

Perry, Thomas and Elizabeth, 224.

Peters, William, 378.

Petitions, service of, 61; relating to small
matters not to be preferred to general
assembly, 410.

Pettee, Jonathan, 79.

Pettibone, Jonathan, ensign, 256:

Samuel, ensign. Cape Breton, 86, 91.

Phelps, Aaron, 369 : Asahel, 477 :

Caleb, 12: Daniel, 516, 559; lieu-
tenant, 10 : Ebenezer, ensign, 507 :

Edward, captain, 10; deputy for

Litchfield, 44, 82, 90, 163 : Ichabod,

ensign, 468: Jacob, 208, 338,468:

John, 331, 378, 381; deputy for

Hebron, 44, 82, 90; justice, 416, 503:
Joseph, 25, 61, 138, 304, 375; dep-
uty for Hebron, 1, 101, 147, 154, 163, 186,
230, 238, 262, 266, 318, 349, 383, 413, 460,
546, 584; justice, 5, 105, 195,269,352,

416, 503; quarter-master, 321: Jo-

siah, captain, 431: Nathaniel, en-
sign, 426: Samuel, lieutenant, 526:

Timothv, captain, 48.

Phillips, George, 486.

Phips, Lieutenant-Governor Spencer, 171.

Pickett, John, 277.

Pierce, Benjamin, ensign, 519 : Enoch,

134 : Ezekiel, deputy for Plainfield,

384, 547, 585; lieutenant, 508:

Samuel, 25 : Thomas, quarter-mas-
ter, 109 : Timothy, 315 ; in nomina-
tion, 45, 168, 240,323; chosen assistant,
3, 103. 188, 268; present, 1, 44, 90, 101,
147, 154, 163, 186, 230, 238, 261; judge,
county court, 4, 104, probate, 4, 104,
189, 272.

Pierpont, James, 114: Joseph, lieu-
tenant, 7.

Pierson, Abraham, 114; justice, 26, 105,
197, 270, 353.

Pinney, Abraham, ensign, Cape Breton,
149 : Benjamin, ensign, 127 ; lieu-
tenant, 481.

Pinto, Isaac, 406.

Pitcher, Jonathan, ensign, 518.

Pitkin, John, captain, 192: Joseph,

122, 314, 347, 365, 396, 458, 462, 474, 479,
498, 545, 570, 578, 583; auditor, 329;
deputy for Hartford, 238, 261, 318, 348,
383, 413, 459, 499, 546, 584; justice, 269,
352,416, 503; in nomination, 390, 461,
552; privilege of slitting iron granted

to, 329: Ozias, 43, 81, 101, 122; in

nomination, 45, 168, 239; chosen assist-
ant, 3, 103, 188; present, 1, 90, 101, 186;
committee, 111, 146, 227; committee of

614

INDEX,

war, 30 : Thomas, 334, 377 ; justice,

5, 105, 195, 269, 352, 416, 503: Wil-
liam, 33, 122, 536; auditor, 7, 106, 197,
418; nominated, 45, 168, 240,323,390,
461, 552; chosen assistant, 3, 103, 188,
268, 350, 415, 501; committee, 43, 68,
100, 111, 143, 146, 151, 227, 293, 307, 310,
317, 336, 347, 374, 397, 428, 455, 474, 498,
508, 545; committee of war, 30; judge,
superior court, 3, 103, 189, 269, 350, 415,
502, county court, 4, 104, 189, 269, 350,
415, 502.

Plainfield probate district established, 271,
enlarged, 508.

Piatt, Ebenezer, 113 : Josepli, auditor,

106; deputy for Norwalk, 101, 147, 154,
163, 238, 2t;i, 384, 414, 460, 500, 547, 585 ;
justice, 417, 504: Josiah, 170.

Plumb, Joseph, 207: Samuel, 377;

ensign, 556.

Poisson, James, 123, 298.

Polly, Daniel, 484.

Pomfret, in Plainfield probate district,
271; new society in, asked for, 428,
granted and named Abington, 438.

Pomroy, Rev. Benjamin, proceedings
against, 11, 28, 375.

Pond, -Josiah and Abigail, 336, 379:

Philip, 336, 379; lieutenant, 242.

Porter, Amos, captain, 425: Daniel,

captain, 49: Experience, 172, 314:

.John, 204, 314; ensign, 553:

Jonathan, ensign, 195: Joseph,

568; lieutenant, 241, 525; captain, 422:

Nathaniel, land may be sold, 14:

Thomas, deputy for Coventry, 2;

lieutenant, 278: Timothv, deputy

for Farmington, 163, 319, 384:" Wil-
liam, 373, 531.

Post. Abraham, ensign, 320; lieutenant,

460: Samuel, 68: Thomas,

lieutenant, 468.

Powder-money to be levied, 74.

Pratt, Elisha, ensign, 555 : John, en-
sign, 274.

Prentiss, Jolm, 403, 471, 476, 484, 527;

captain, sloop Defence, 210, 332:

Jonas, deputy for Stonington, 318:

Jonathan, 332: Joseph, captain,

362: Samuel, deputy for Stoning-
ton, 459, 547 ; justice, 353, 416, 504 :

Sarah, 332, 397, 403, 471, 476. 484, 527:
Thomas, 436.

Preston, Treat v., 280; and Norwich
bounds, 328; in Norwich probate dis-
trict, 386.

Preston, Ephraim, ensign, 168; lieutenant,

478: William. 17,57,140,143,308;

deputy for Woodbury, 2, 44, 82, 90, 102,
147, 155, 187, 230, 238", 262, 267, 383, 413 ;
justice, 21, 118, 190, 271, 353, 417,
504.

Prindle, Daniel, 429: Samuel, 569.

Probate districts established, Danbury, 8,
Norwich, 386, Plainfield, 271.

Process, service of, 40, 41, 61.

Prout, John, justice, 352, 425, 503.

Punderson, John, 473.

Purdy, .John, lieutenant, 128,

Quakers, law exempting, from ecclesias-
tical taxes to be printed with revised
laws, 498.

Quintard, Isaac, land may be sold, 126:
Hannah and Peter, 126.

Randal, Benjamin, ensign, 182: Isaac,

545: John, captam, 182: Jon-
athan, land may be soliJ, 543 : Pre-
served, 543.

Ranney, Joseph, captain, 194.

Ransom, James, ensign, 246: .John,

528; lieutenant, 582.

Raymond, .Joshua, justice, 26, 197, 270,
353, 416, 504.

Read, John, deputy for Fairfield, 163, 238,
262, 318, 384, 413, 500, 546; justice, 21,
118, 190, 271,353, 417, 504; lieutenant,
427 ; exchanges land with Cliicken, 434 :

.Jonathan, ensign. Cape Breton, 87,

91; lieutenant Canada expedition, 213:

Joseph, land may be sold, 34:

Nathan, ensign, 363: Samuel, lieu-
tenant, 482.

Readmg, Chicken's land in, 175, 434;
meeting-house, 381.

Records, secretary to arrange old papers,
15, to record public letters, 59.

Redfield, Daniel, ensign, Canada expedi-
tion, 213.

Remington, Mary, 366.

Reynolds, Jonathan, land may be sold, 35.

Rhode Island, governor to ask that troops
from thence may sail with our forces, 98.

Rhodes, James, 5ti, 182 : .Jarvis, 58.

Richards, George, 243 : John, 66, 306,

308, 341, 368, 457 ; justice, 26, 105, 197,
270, 353, 456, 504 ; probate judge, 4, 105,
189, 270, 351, 456, 504; Winthrop v., 15,
62: Paul, 437.

Ridgefield, annexed to Danbury probate
district, 239; winter privilege granted
some in, 309.

Ri2gs, John, 330; deputy for Derby, 44,
82, 267; justice, 20, 104, 190, 270, 352,

425, 501 : Samuel, 377 ; deputy for

Derby, 2; justice, 20, 104, 190, 270, 352,
425, 503.

Ripton, meeting-house, 181, 200; society
tnay gather rates, 443 ; winter privileges
granted some in, 569.

Rizley, John, 523.

Roath, Joseph, 134.

Robbins, Daniel, 127, 227 : Jonathan,

146, 162 ; captain, 361 ; deputy for Weth-
ersfield, 102, 155, 164, 383: Na-
thaniel, ensign, 364: Rev. Phile-
mon, 359.

Roberts, John, 209: Samuel, 530;

lieutenant, 8: William, 141.

Robey, Andrew, deputy for Syiusbury,
318, 460, 600, 546, 584; lieutenant, 546.

Robinson, Edward, 113: Eliakim,

lieutenant, Canada expedition, 236 :

Ichabod, lieutenant, Canada expedition,

214: Josiali, cajjtaiu, 430; deputy

for VVallingford, 547, bhi)-. Samuel,

deputy for Guilford, 45, 82, 267, 499:
Thomas, ensign, 555.

INDEX.

615

Rockwell, Joseph, 332: Matthew,

523, 578; deputy for Windsor, 349, 384,
414, 460, 500: - — William, 477.

Eocky Hill ferry, fare at, 292, 581.

Rogers, Hezekiah, 138: James, 66,

526; V. Diirfey, 299, 327, 484; v. Tabor,
55, 359, 476, 563: Joseph, 358, 476:

Josiah, deputy for Branford, 547,

584; ensign, 242: Mary, 366:

Peter and Elizabeth, 51 : William,

land may be sold, 51.

Root, Daniel, 304: Ebenezei", deputy

for Coventry, 238, 261: Joseph,

cornet, 423: Josiah, quarter-mas-
ter, 274: Timothy, lieutenant. Cape

Breton, 86, 91.

Rose, John, 126.

Rossiter, Theophilus, justice, 425, 503.

Row, Ebenezer and Mindwell, land may
be sold, 444.

Rowland, David, 323, 502; deputy for
Fairfield, 318, 413, 459, 500, 546," 584;
justice, 417, 504.

Rowley, Daniel, 391, 442: f:inathan,

54: ■ Moses, set to East Haddam,

379: Reuben, land may be sold,

392. 442.

Roxbury, sundry annexe 1 to, 50; meet-
ing-house, 16, 61, 137, 153, 178; ecclesi-
astical tax, 200.

Rovce, Ezekiel, 176; justice, 104, 190, 270,

352, 425, 503: James, 134:

Phineas, ensign, 420: Reuben, 544:

Samuel, 176.

Rudd, Jonathan, ensign, 164; lieutenant,
555.

Rumsey, Benjamin, lieutenant, 7.

Russell, David, 179: Ebenezer, en-
sign, 481: John, deputy for Bran-
ford, 163, 413, 459, 499; justice, 20, 104,
190, 270, 352, 425, 503 ; lieutenant, Can-
ada expedition, 236; major, 364; lieu-
tenant. 389: Jonathan, 224; deputy

for Branford, 2, 44, 82, 91, 267, 319, 349,
384, 413, 459, 499: justice, 20, 104, 190,

270, 352, 425, 503: Noadiah, 114:

Timothy, justice, 270, 352, 425,503:

William, 374.

Rust, Noah, land may be sold, 370:

Samuel, 370 ; deputy for Coventry, 460,
500; lieutenant, 195; captain, 387.

Sabin, Benjamhi, lieutenant, 389:

Hezekiah, deputy for Killinglv, 164, 267,
319, 349, 384; justice. 505; lieutenant-
colonel, 364: Noah, deputy for

Pomfret, 164, 187, 230: Timothy,

deputy for Pomfret, 1.

Sackett,' Jonathan, 302: Samuel,

captain, 7; justice, 352, 425.

Sage, David, 35; lieutenant, 425:

Ebenezer, 486.

St. Clair, Lieutenant-Genera], 257, 294.

St. John, Daniel, lieutenant, 7; captain,
241: Joseph, 306; captain, 389:

Matthew, 407: Nathan, laud

may be sold, 541.

Salaries granted, 42, 80, 146, 184, 226, 817,
346, 382, 411, 457, 545, 582 ; of judges, 457.

Salisbury, ecclesiastical tax, 140; meet-
ing-house, 280, 378, 465 ; patent granted
to, 141 ; fortification at, 198.

Salt, manufacture of, 247, 488.

Saltonstall, Gordon, 326, 327, 33G, 411, 445,
•457, 484, 493, 527, 539, 574; deputy for
New London, 44, 82, 90, 101, 147," 154,
186, 230, 266, 318, 348; in nomination,
240, 323, 390, 461, 552 ; chosen assistant,
415, 501; present, 459, 499, 546, 583;
commissary, 80, 89, 97, 143, 145, 148,
150. 157, 212, 214, 232; to take care of
sloop Defence, 33, 71, 340; justice, 26,
197, 270, 353.

Sanford, David, 255; quarter-master, 425 ;

cornet, 518: Hannah, 544:

Jonathan, annexed to Roxbury, 50 :

.Joseph, 280, 381; captain, 9; lieutenant,
168; deputy for Litchfield, 267, 319, 547,

584: Samuel, ensign. Cape Breton,

92; lieutenant, Canada expedition, 236:

Stephen, ensign, 275; lieutenant,

481: Zachariah, 124; land may be

sold, 22.

Savage, John, lieutenant, 129: Jo-
seph, 55; lieutenant, 194.

Saybrook, ferry regulated, 38; Baptist so-
ciety at. 113; Rev. A. Nott complains of
2d society, 566.

Sayer, Elisha, 477.

Scatacook, Cliicken's land at, 175, 434.

Scions, John, 112.

Scofield, John, deputy for Waterbury, 102,
148, 154.

Scott, Samuel, 341, 497.

Scovell, William, lieutenant, 196.

Scranton, Ebenezer, 24.

Seabury, David, lieutenant, Cape Breton,

92: -^ — Esther, 139: John, 299;

land may be sold, 139.

Seal of the colony to be re-ingraved, 333.

Secretary, to arrange ancient papers, 15 ;
to record public letters, 59.

Sedgwick, Benjamin, lieutenant, 561 :

Stephen, freed from tax, 369.

Seeley, Benjamin, ensign, 120; lieutenant,

565 : Eliphalet, lieutenant, 321 :

Ephraim, 178.

Selden, Samuel, deputy for Lyme, 2.

Selectmen, to have care of estates for sup-
port of ministry, 120.

Selleck, Jonathan, lieutenant, 272.

Sergeant, PZpes and Catharine, 402:

Jacob, 314.

Sessions, Abner, 536.

Seward, Nathaniel, lieutenant, 6.

Sexton, George, ensign, 525.

Seymour, Bevil, Jerusha and Nathaniel,
367, 435: Isaac, 255: Jona-
than, ensign, 38: Matthew, 541:

Thomas, 367, 458, 579, 583; lieu-
tenant, 37 ; captain, 321 ; deputy for
Hartford, 238, 261, 413, 546, 584;" land
may be sold, 142; will established, 435.

Shackmaple, John and Elizabeth, land

may be sold, 52.
Shai-on, ecclesiastical tax, 79, 136, 40(';

Indians at, 3(j8; patent granted to

314.

616

INDEX,

Sharp, Daniel, ensign, Canada expedition,
235 : John, ensign, 420.

Shaw, Nathaniel, 327, 484.

Shelden, Elisha, 38, 312, 539; auditor, 272;
deputy for Lyme, 239, 262, 267, 384, 414;

justice, 106, 197, 270, 353, 416, 504:

Isaac, 300, 365.

Sheltoii, Joseph, ensign, 272.

Shepard, Isaac, lieutenant, 109: Jane,

V. Zebulon, 347: Samuel, ensign,

423.

SheriflFs, regulated, 41; fees of, 70, 289,
451.

Sherman, David, 124: .Job, justice,

21, 118, 190, 271, 353, 417, 504:

Roger, 579 ; surveyor, 173 : Samuel,

335; deputy for New Haven, 187,230,
238, 262, 266, 318, 34S, 384, 413, 459, 500;
auditor, 272; justice, 270, 352, 425, 503.

Sherwood, Daniel, lieutenant, 526:

Isaac, ensign, 192: Jabez, ensign,

518: John, lieutenant, 168:

Samuel, 323 ; captain, 7 ; justice, 21, 118,

190, 271, 353, 417, 453, 504: Seth,

counterfeiter, 178.

Shipman, Elias, 327: Stephen, land

may be sold, 323.

Shirley, Governor William, 129, 340; let-
ters received from, 83, 110, 262, written
to, 454 ; consulted on Canada expedition,
214; Colonel Williams to wait on, 337.

Sills, an act of parliament to encourage
raising of, to be printed. 551.

Silliman, Ebenezer, in nomination, 45, 168,
240, .323, 390, 461, 552 ; chosen assistant,
3, 103, 188, 268, 350, 415, 501; present,
1, 44, 81, 90, 101, 147, 154, 186, 230. 238,
261, 266, 318, 348, 383. 413, 459, 499^ 546,
583; committee, 28, 175, 203, 336; com-
missary, 80, 144, 148, 150, 157 ; commit-
tee of war, 31, 70 ; judge, superior court,
3, 103, 189, 269, 350, 415, 502, probate,
118, 189, 270, 351 ; aids in revising laws,
458 ; major, 565 : Nathaniel, cap-
tain, 108.

Skinner, Aaron, ensign, 241 ; captain, 424 :

Abraham, 180 : Benjamin, 326,

375 ; deputy for Hebron, 1, 238, 266, 318,

349; justice, 5, 105, 195, 269, 352:

Isaac, 297, 516, 571: Joseph, dep-
uty for Hebron, 186.

Slater, John, 332.

Sloan, Robert, 457.

Slueman, David, land may be sold, 21.

Smalley, Benjamin, ensign, 48.

Smedley, James, lieutenant, 385.

Smith, Daniel, 568: David, ensign,

106: David and Isaac, deaf mutes,

freed from tax, 14, sale of land by, 466 :

Ebenezer, 223; justice, 21:

Elisha, 367: Ephraim, 368:

Ezra, lieutenant, 469 ; ensign, 555 :

Jabez, ensign, 389; lieutenant, 424:

John, 181, 209, 402; captain, 470; dep-
uty for Voluntown, 384, 500, 547, 584;

justice, 271, 353, 425, 505: Jonah,

14, 466; ensign, 194; lieutenant, 422:
.Josiah, 209, 402: Manoah, en-
sign, 8 ; feri'y granted to, 119 : Mar-

tin, lieutenant, 38: Mary, 130:

Merritt, 171: Nathan, 177; captain,

165; deputy for Groton, 459; justice,

363. 416, 504: Samuel, 334; justice,

504: Simon, ensign, 320: Ste-
phen, deputy for Ridgefield, 500:

Thomas, 14, 466.

Smith's ferry, 119, 182, 220, 354, 581.

Smithson, William, lieutenant. Cape Bre-
ton, 86, 92, 164; Canada expedition, 213.

Sokient, Simon, 446, 494.

Solomons, Isaac, 522.

Somers, reception of into Connecticut,
301, 339, 431, 481, 547.

Society meetings, who may vote in, 218.

Soper," John, 12, 297, 367 ; land may be
sold, 522.

Southmaid, Daniel, captain, 278; deputy

for Waterbury, 383, 460: John, 12,

16, 61, 78, 137, 153, 178, 223, 247; dep
uty for Waterburv, 2, 45, 83, 91 ; justice,
19* 104, 190, 270, 352, 425, 503: Jo-
seph, deputy for Middletown, 547, 584;
justice, 505.

Spafibrd, Amos, captain, 321.

Spaulding, Benjamin, ensign, 192:

Ezekiel, 398: Zachariah, captain,

518.

Spencer, Joseph, deputy for East Haddam,

547; lieutenant, 275:" Thomas, 113:

William, 121, 178.

Sperry, Amos, 483 : Benjamin, dep-
uty for Danbury, 547, 585: Na-
thaniel, ensign, 482.

Sprague, Ebenezer, ensign, 322:

Ephraim, lieutenant, 49: John,

captain, 128.

Squire, John and Rachel, 560.

Stafford, Rev. S. Payne complains of salary
unpaid, 22; land titles in, 364, 462; mil-
itary company, 464.

Standish, Samuel and Thomas, 328.

Stanly, Abraham, Elizabeth, Josiah and

Samuel, 437: Augustus, 367:

Nathaniel, 66, 71, 99, 122, 225, 281, 310,
408, 476; in nomination, 45, 168, 239
323, 390; chosen assistant, 3, 103, 188
268, 350; present, 1, 44, 81, 90, 101, 147
154, 186, 230, 238, 261, 266, 318, 348, 383
413; committee, 37, 43, 54, 56, 63, 100,
101, 111, 143, 146, 162, 177, 227, 234, 317
341, 347, 465; justice, 416, 503; treas
urer, 417, 502, grant to, 545 : Wil-
liam, ensign, 461.

Stannard, Joseph, 137.

Stanton, Elijah, quarter-master, 17; cor-
net, 362: .Jolm, lieutenant. Cape

Breton, 86; lieutenant, 333: Na-
thaniel, ensign, 506: Phineas, lieu-
tenant Cape Breton, 149; lieutenant,
554: Samuel, ensign, 506.

Staples, Elijah and Robert, 371.

Starke, John, 300.

Starkie, Thomas, 81.

Starkweather, John, freed from tax, 523.

Starr, Daniel, ensign, 10 ; captain, 197 :

Jasper, 332, 356: John, ensign, 8:

Jonathan, 177; lieutenant, 276:

Josiah, 150, 343, 381; captain,

INDEX,

61'

Cape Breton, 149, Canada expedition,
213; captain, 242; deputy for Danbury.

186, 230.

Stearns, Boaz, deputy for Killingly, 44,
82, 90, 101, 147, 154li 238, 262, 319, 349,
384, 460, 547, 584.

Stedman, John and Marv, land may be
sold, 558.

Steel, manufacture of, 58, prohibited by
parliament, 551.

Steel, Stephen, 360.

Stephens, Daniel, ensign, 470 : Eben-

ezer, justice, 21 : Elnathan, deputy

for Killingworth, 2, 102, 147, 154, 164,

187, 230, '238, 261, 267, 384, 460, 500;
captain, 419; justice, 270, 353, 417, 504:

.Tohn, deputy for Killingworth, 44,

82, 90; ferry granted to, 566: Ne-

hemiah, 484: Samuel, ensign, 419:

Thomas, 202, 403 ; deputy for Dan-
bury, 44, 83, 91, for Plainfield, 2, 348:
Uriah, 141; lieutenant, 408.

Stetson. Samuel, ensign, 554.

Stewart, Samuel, ensign, 385.

Stiles, Benjamin, survej'or, 457: Eb-

enezer, 70: Ezra, 583: Sam-
uel, lieutenant, 130.

Stilman, Bei)jamin, justice, 416, 503.

Stoddard, Anthony,'ll4: Elisha, cap-
tain, 322: Colonel -John, 110,292:

Moses, lieutenant, 525.

Stone, Joseph, lieutenant, 363 : Josiah

and Temperance, land may be sold, 336,

374: Nathaniel, 371; annexed to

Guilford 1st society, 64: Timothy,

364: auditor, 106, 197; deputy for Guil-
ford, 45, 82, 91, 102, 148, 155", 164, 187,
230, 238, 262, 267, 349, 384, 414, 460, 547,
584; justice, 104, 190, 270, 352, 425, 503;
major, 431.

Stonington, boundary with Groton, 26, 56,
100, 221 ; lists in, 368; Indian land, 446,
494, 573.

Storrs, Huckins, 172 : Joseph, deputy

for Mansfield, 460: Samuel, cap-
tain, 107 : Thomas, deputy for

Rhuisfield, 44, 102, 148, 155, 164, 187, 238,
267; justice, 6, 104, 190,271,353,425,
505.

Stoughtou, Benjamin, 525, 561 : Sam-
uel, ensign, 126: Thomas, 331,396;

lieutenant, 184.

Stow, Ebenezer and Nathaniel, 401 :

Isaac, 313 : Thomas, 24, 55 ; Kyarts

v., 67. 175, 205.

Stoyel, John and Dorothy, 253, 316.

Stratfield, Cook v., 124, 531.

Stratford, Unity and Long Hill in, desire
to be united, 50, granted, (North Strat-
foi'd,) 64 ; winter privileges gi-anted some
in, 569.

Street, Elnathan, captain, 167.

Strong, Asahel, auditor, 197,272; captain,
48; deputy for Earmington, 1, 44, 82, 91,
102, 147, 154, 187, 230, 239, 266, 348,413;

justice, 105, 195. 269, 352, 416, 503:

Eliakim and Alehitabel, land may be

sold, 539 : Ephraim, 517 : Ezra,

370: .Jacob, 331: John W.,

lieutenant, Canada expedition, 213:

Jonathan, 336, 869: Joseph, 331,

381; deputy for Coventry, 2, 44, 82, 90,
101, 147, 154, 187, 238, 261, 266, 348, 413,
646, 584; justice, 6, 104, 190,271,353,

425, 505 : ^ Phineas, 370 ; deputy for

Coventry, 319, 348, 383, 413, 546, 584;

justice, 323, 353, 425, 505 : Samuel,

536 ; ensign, 518 : Supply, ensign, 9.

Stubbins, John, 250.

Sturgiss, Samuel, captain, 385.

Stutson, Mary, 405.

SufEeld, asks to be taken into Connecticut,
301, 339, jurisdiction extended over,
431, 481, 547.

Sumner, Benjamin, ensign, 549:

Samuel, deputy for Pomfret, 319:

W illiam, 477.

Sutlief, John, 201; land forfeited by, sold,

54: Nathaniel, 89; deputy for Had-

dam, 319, 349.

Swan, William, ensign, 50; lieutenant, 505.

Swift, Nathaniel, 528 ; lieutenant, 425 :

Zephaniah, 331, 381.

Symms, William, ensign, 420.

Symsbury, bridge, 18; manufacture of
steel at, 58; doomed for neglect to send
in list, 250; winter privileges granted
some in, 221; west society established,
530.

Tabor, Pardon, 55, 359: Philip, 359,

476, 563.

Talcott, Benjamin, captain, 240: Eli-

zur, cornet, 473: John, 32:

.Joseph, 146, 162, 200, 227, 302, 317, 435,
498; auditor, 106; deputy for Hartford,
101, 147, 154,186,230,266,459; justice,

5, 105, 195, 269, 352, 416, 503 : '- Lucy,

304: Matthew, 486, 522:

Samuel, 295, 341, 493; lieutenant-colo-
nel, Canada expedition, 213 ; ensign, 469 ;
sale of bills of exchange to, 492.

Taxes laid, 80. 167, 256, 346, 410, to re-
deem bills of credit, 42, 67, 100, 151,
217, 218, 235, 447; collection of, 277.

Taylor, Benjamin, 390: Henry, 167;

James, land may be sold, 167 :

.John, lieutenant, 192 : Noah, lieu-
tenant Cape Breton, 86, 92.

Terry, Ephraim, deputy for Enfield, 546,
584; justice, 505: Jonathan, 517.

Thrall, Joel, 311, 331 : John and Marv,

530: Moses, 443, 525: Timo-
thy, 123, 174: William, 174.

Thomas, Ebenezer, ensign, 275:

Samuel and Rebecca, 247.

Thompson, Abraham, ensign, 548:

Ebenezer, lieutenant, 518: Ezekiel,

495: Hannah, 202, 316: .John,

justice, 21, lis, 190, 271, 353, 417, 504:

Joseph, land may be sold, 202, 316:

Robert, 205 : — - Samuel, 532.

Throop, Daniel, cornet, 191: William,

ensign. Cape Breton, 87, 92.

Tiffany, Edward, 181: Nathan, lieu-
tenant, 99: Thomas, 545; justice,

6, 104, 190, 271, 353, 425, 505.

Tilden, Stephen, 544.

618

INDEX.

Tilley, James, 245, 294.

Toad, Samuel, 484.

Todd, .James, ensign, 7; lieutenant, 430:

Rev. Jonathan, preached election

sermon, 415: Stephen, 202, 376.

Tolland, to send in list, 292.

Tomlinson, Agur, 377 : Isaac, deputy

for Derby, 500.

Torrington, ecclesiastical tax, 12, 538;
meeting-house, 201, 251, 311, 331, 396,
479.

Terry, Samuel, ensign. Cape Breton, 91.

Tousej'-, Thomas, 381; deputy for New-
town, 267, 318, 349 ; justice, 21, 118, 190,
271, 353, 417, 504; Clark v., 366, 587.

Towns, number of jurymen chosen in, 46,
247; bounds, &c., 198.

Tozer, Richard, surgeon. Cape Breton.
315: Thomas, 371.

Tracy, Christopher, 35 ; ensign, Cape Bre-
ton, 92: Daniel, 328; lieutenant,

364: Isaac, deputy for Norwich,

384, 413, 459 : Jedidiah, justice, 26,

105, 197, 270, 352: Joseph, 119,

328; ensign, 364: Nathaniel, 328:

Samuel, 828: Simon, 55, 493:

Solomon, deputy for Canterbury,

2, 44, 102, 148, 155, 3"l9, 348, 384, 414,

400, 500, 547, 585: Winslow, 47,

119.

Trade, acts for encouragement of, 283, 393,
551 ; with French, prohibited, 360 ; with
Spain, restrictions removed, 411; voy-
ages to Honduras referred to, 496, 539;
Board of, queries from, with answers,
593.

Treadwell, Ephraim, ensign, 564:

Hezekiah, lieutenant, 9; lieutenant,
Canada expedition, 213.

Treasury, collection of loans, 36, -37, 54,
111, 290, 454; loans made to individu-
als, 408, 488, 536, 579; committee of
pay table. 111, 122, 143, 455; treasurer
to attend on assembly, 54, 170, 242, 326,
396, 476, 561 ; accounts with Colonel
Whiting to be settled, 417, 463; sale of
bills of exchange, 492, 510, 579.

Treat, Joseph, deputy for Milford, 383,

499: Robert, 132, 251; auditor, 7;

committee of war, 31, 70; depiity for
Milford, 2, 44, 82, 90, 102, 148, 154, 163,
186, 230, 238, 261, 319, 413, 460, 546.
584; justice. 20, 104, 190, 270, 352, 425,
503 : Rev. Salmon, v. Preston, 280.

Trowbridge, Ebenezer, 374.

Trumble, Ammi, lieutenant, 472:

Jonathan, 14, 98, 396, 538 ; in nomina-
tion, 45, 168, 239, 325, 390, 461, 552;
chosen assistant, 3, 103, 188, 268, 350,
415, 501; present, 1, 81, 90, 101, 163,
186, 230, 266, 318, 348, 383, 413, 459,
499, 546, 583; auditor, 7, 106, 272, 329,
418, 465; committee, 23, 134, 177, 206,
209, 211, 232, 254, 277, 293, 294, 307.
310, 336, 365, 366, 380, 428, 445, 446,
456, 467, 523, 567, 574; justice, 6, 104;
judge, county court, 189, 271, 351, 425,
502, probate, 271, 351, 425, 505; to go
to Boston relative to military expedi-

tions, 88, 214; to care for military stores,
344; to sue out mortgages, 37, 291, 454;
on Massachusetts line, 301, 340, 432,
548: William, 328.

Tubbs, Isaac and Martha, land may be
sold, 22: Simon, 371.

Tucker, Daniel, -counterfeiter, 302, 306.

Tudor, Samuel and Abigail, 446.

Tully, .John, deputy for Say brook, 319;
justice, 26, 105, 197, 270, 3.53, 416, 504.

Turnery, .Joseph, 358.

Turner, .John, freed from tax, 11:

Philip, 442; cornet, 319; captain, 471.

Turney, Robert, 326, 367.

Tuttle, Daniel, 480: Isaiah, justice, 503:
.Jehiel, 464, 476, 559.

Tyler, Job, ensign, 48: Joseph, en-
sign. Cape Breton, 87 : Moses, en-
sign, 165: Paul and Peter, 138:

Samuel, 485.

Uncas, Ben, 113, 141; recognized as sa-
chem, 540.

Union, v. Eno, 300; enlarged, 478; eccle-
siastical tax, 536.

Unity parish and Long Hill united, 50, 64.

Vernernum, Isaac, 140.

Viets, John, captain, 219.

Voluntown, winter privileges granted some
of, 205; in Plainfiekl probate district,
271; Rev. S. Dorrance v., 252, 406, 533;
V. Frink, 316, 328, 390, 496, 562.

Wadsworth, Daniel, 114: James, 47;

in nomination, 45, 168, 239, 32.3, 461,
552 ; chosen assistant, 3, 103, 188, 268,
350, 415, 501; present, 1, 44, 81, 90, 101,
154, 163, 186, 230, 238, 261, 266, 318,
348, 383, 413, 459, 499, 583; committee,
33, 176, 365, 462; judge superior court,

3, 103, 189, 269, 350, 415, 502:

James, jun., deputy for Durham, 187,
231, 238, 262, 267, 349, 384, 414, 459,

500, 547, 585 ; justice, 503 : John,

119: William, 531; deputy for

Farmington, 500; ensign, 196; lieuten-
ant, 563; justice, 5, 105, 195, 269, 352.

Wait, Richard, ensign, 198; lieutenant,
430.

Wakely, Daniel, 437, 560.

Wakeman, Samuel, ensign, 107; lieuten-
ant, 363.

Walbridge, Ebenezer, 206.

Wales, Ebenezer, auditor, 106 ; deputy for
Windham, 44, 82, 90, 101, 147, "154;

justice, 353, 425, 505: Nathaniel,

■justice, 7, 104, 190, 271, 353, 425, 505.

AValker, Benjamin, deputy for Ashford,

384, 413, 500: Gideon, captain, 54:

Robert, 141, 313, 300, 524 ; captain,

191; deputy for Stratford, 102, 147, 164,
187, 230, 348, 413; justice, 21, 118, 190,
271, 363, 417, 504; to sue out mortgages,

• 37, 291, 454; engaged in making steel,
58 ; aids in revising laws, 458.

Wallingford, some set to Branford from,
202.

Walswoi-th, John, cornet, 17.

INDEX.

619

Wanzer, Abraham, 368; lieutenant, 50.

Ward, Andrew, captain. Cape Breton, 92,
98 ; deputy for Guilford, 499; justice, 20,

104, 190, 270, 352, 425, 503 : James,

captain, 130: Pelatiah, ensign, 109:

William, deputy for Guilford, 414,

for Wallingford, 239, 262, 267.

Warden, Nathaniel, land may be sold, 208.

Waring, Jacob, 222.

Warner, Andrew, ensign, 553: Ben-
jamin, 560: Ebenezer,' 557:

Elisha, ensign, 107 ; lieutenant, 554:

John, 67, 201, 557; deputy for New
Milford, 2, 44, 82, 90, 414, 460, 500; en-
sign, 5, 468; lieutenant, 11, 363; cap-
tain, 552: Joseph, lieutenant, 320:

Samuel, captain, 421.

Warren, Eleazer, ensign, 168; lieutenant,

193: Peter, congratulatory letter to

be sent to, 184.

Washborn, Nathaniel, 397.

Waterbury, tax of, abated, 478.

Waterbury, David, captain, 556:

John, ensign, 556.

Waterhouse, Abraham, 245; justice, 353.

Waterman, Joseph, 68.

Waters, Timothy, 390.

Watkins, James, deputy for Ashford, 2:

William, 545; captain, 387; deputy

for Ashford, 45, 82, 91, 102, 155, 186,
230, 238, 262, 266, 349, 546, 584.

Way, Thomas, ensign, 165.

Wayman, Jeremiah, 17,|330.

Webb, Benjamin, ensign, 276 : Charles,

surveyor, 457 : John, ensign, 430 :

Joseph, 114: Nathaniel, en-
sign, 9: Zebulon, ensign, 5; lieu-
tenant, 164.

Webster, Benjamin, lieutenant, 10:

Cvprian, justice, 292, 352, 416, 503 :

Elisha, 144 : Thomas, 301.

Weed, Andrew, 571: Ebenezer, lieu-
tenant, 9: Joseph, 329: Na-
thaniel, deputy for Stamford, 319 :

Samuel, 406, 4'08, 442, 497, 558, 567, 571,
574; forfeited estate of, 292, 802, 355,
375; released from prison, 489.

Weeks, Friend, captain, 246.

Welch, Paul, 465, 566; deputy for New
Milford, 2, 44, 82, 90, 101,' 147, 154, 163,

319, 349, 384, 414 ; justice, 352, 425 :

Thomas, 465, 557.

Weller, Joseph, quarter-master, 423.

Welles, James, lieutenant, 106: Jo-
seph, deputy for Haddam, 102, 148, 155 :

Robert, captain, 389 : Roger,

lieutenant, 192 : Samuel, 300, 334,

523; captam, 554: Silas, 296, 367:

Thomas, 27, 498 ; auditor, 7, 197,

329, 418, 463; deputy tor GlassenlDury,
2, 44, 82, 90, 102, 14&", 155, 163, 187, 231,
238, 262, 267, 319, 348, 383, 413, 460,
500, 546, 584; speaker, 239, 262, 267,
319, 349, 384, 414, 460, 501, 547,585; in
nomination, 461, 552; committee, 33,
122, 177, 254, 317, 383, 458, 474, 545, 567,
583; commissary, 89, 97, 143,214; just-
ice, 5, 105, 195, 269, 352, 415, 503; en-
sign, 276: William, surveyor, 457.

Welman, Gideon, 327.

West, Ebenezer, 33, 134, 157, 364 ; deputy
for Lebanon, 2, 44, 82, 90, 102, 148, 155,
163, 187, 231, 239, 262, 266, 319, 348, 384,
414, 460, 500, 546. 584; justice, 6, 104,

190, 271, 353, 425, 5U5: John, 464,

476,559: Joshua, justice, 505; lieu-
tenant, 526: Sarah, 21: Zeb-
ulon, 21, 335, 369, 438 ; deputy for Tol-
land, 384, 413, 460, 499, 546, 584.

West Haven, grant to society of, 375.

West Symsbury, society constituted, 530.

Westbury, some annexed to, 139.

Western lands, committee to examine and
report on, 17 ; sale of Norfolk, 507, 561 ;
committee relative to trespasses on, 506.

Westover, Jonathan, 136, 334.

Wetmore, Benjamin, 21, 142 : Joseph,

55: Josiah, 21: Prosper, 520:

Samuel, 248 : r Sarah, 249 :

Seth, 55, 360, 487; deputy for Middle-
town, 45, 82, 91, 102, 147,'l54, 164, 187,
230, 239, 262, 267, 349, 384, 414, 460,
501 ; justice, 196, 269, 352, 416, 503.— See
Whiimore.

Wheat, Benjamin, 305 : Salmon, 179.

Wheeler, Benjamin, deputy for Plainfield,
262, 239, 319, 414, 500 ; ensign, 165 ; lieu-
tenant, 423 : Caleb, 202 : Eb-
enezer and Abigail. 55 : Elnathan,

deputy for Stratford, 348, 459, 500:

Isaac, 446, 494, 573: John, 531:

Obadiah and Seth, 202:

Thomas, 398; ensign, 505: Timo-
thy, 326, 367.

Whipple, Silas, ensign, 388.

White, Anna, 529 : Elisha, lieutenant,

426: Hugh, 367: Joel, 32;

deputy for Bolton, 546, 584 ; lieutenant,
240: John, 226, 367: Jona-
than, captain, 106: Joseph, 226,

314; justice, 5, 105, 195, 269, 352, 416,

503 : Nathaniel, 529 : Stephen,

captain, 276: Timothy, cornet, 425.

Whiting, John, 71, 88, 126, 134, 479, 670;
treasurer, 3, 103, 188, 268, 350, 415, de-
clines, 417 ; settlement of accounts with,
418, 463; to attend on assembly, 54, 170,
242, 326, 396; grants to, 43, 146, 317,
418; committee of Avar, 98; to defend
frontier towns, 198; justice, 26, 105, 197,
270, 352, 416, 604; lieutenant, Canada

expedition, 235: Joseph, 580; in

nomination, 45, 168; chosen assistant, 3,
103; present, 1,44, 81, 90, 101, 147, 154,
163; committee, 152, 186; committee of
war, 31, 70; judge, superior court, 3,
probate, 4, 104, 189, 269; justice, 190:

Nathan, ensign. Cape Bi-eton, 87,

91 : Samuel, ensign, 552 : Wil-
liam, 344; captain. Cape Bi-eton, 92, 98,
Canada expedition, 235 ; deputy for Nor-
wich, 546, 584.

Whitman, Rev. Elnathan, preached elec-
tion sermon, 103 : Samuel, 114.

Whitmore, Beriah, 122: Francis, 22Ji,

249: Jacob, lieutenant, 174; cajj-

tam, 556: Josiah, 569.— See Wet-
more.

620

INDEX.

Whitnev, David, justice, 5, 105, 196, 352,
416, 503: John, 325.

Whittlesey, Ambrose, 497, 513 ; deputy for
Savbrook, 2, 44, 82, 90, 102, 147, 154,
164, 187, 231, 238, 267, 349, 384, 414,
460, 500, 546, 584; justice, 197, 270, 353,
416, 604: Cliarles, surveyor, 478:

Chauncey, 280, 325 ; loan to, 579 :

Elipiialet, ensign, 389: Elisha,

579: Hezekiah, lieutenant, 472:

John, land may be sold, 561:

Samuel, 114.

Wickwire, Solomon, 371.
Wiggins, John, 526.

Wilcox, Aaron, 490, 528: Charles

and .Terusha, 296, 367 : Elisha, 79 :

Elizabeth, 404: .John, 367:

.Joseph, 404; deputy for Killing-
worth, 44, 82, 90 ; justice, 5 : Josiah,

113, 327: . Samuel, 211: Ste-
phen, 404. — See Wikoxson.

Wilcoxson, Daniel, ensign, 564: John,

569 : Joseph, 530 ; deputy for Svms-

bury, 44, 82, 90, 16.3, 238, 262; iustice,
105, 195, 269, 352, 416, 503: '- Timo-
thy, 569 : William, lieutenant, 422.

Willard, Josiah, captain, 192: Secre-

taiy .Tosiah, 481 : Samuel, 22.

Williams, Abraham, Daniel, Jonah and

William, fishery granted to, 494:

Ebenezer, 114, 360, 439: Elijah,

deputv for Enfield, 546, 584: justice,

503 : Elisha, 81, 98, 227, 341, 347 ;

deputy for Wethersfield, 44, 82, 90, 187,
230. 318, 383, 413, 459; in nomina-
tion, 45, 168, 240, 323, 390, 461, 552; to
go to Boston on military affairs, 88;
chaplain, Cape Breton, 92, 94, 162 ; colo-
nel, Canada expedition, 213; to wait on
Governor Shirley, 337; committee on
Massachusetts line, 432; justice, 415,

503 ; agent in England, 512': John,

308, 314,350; captain, 129; lieutenant-
colonel, 257; deputy for Pomfret, 349,
384, for Stonington, 349; justice, 106,

190, 270, 352, 425, 503 ; ensign, 422 :

Joseph, ensign, 195: Michal, 484:

Solomon, 360: Timothy, en-
sign, 555: William, 177, 517; dep-
utv for Groton, 459, 546, 584, for Mans-
field, 384, 547, 584; justice, 353, 417,
504; lieutenant, 192; claim to land in
Stonington, 574.

Willington, ecclesiastical tax in, 375.

WiUs, Rev. Henrv, his difficulties at Nor-
wich, 337, 380, 397, 480, 571:

Joshua, deputy for Tolland, 460.

Wilmot, lienjamin, 243.

Wilson, Noah, 331.

Winchell, Martin, ensign, 277.

Windham county, north bounds of, 476.

Windsor, meetiiig-house, 438; 2d society
ask to be divided, 524, 556; and Bolton,
society asked for from parts of, 525, 561 ;
ferries, 182, 256, 581; fishery in little
river, 409.

Winegar, Garret, ensign, 129; captain,
322.

Winthrop, John, v. Richards and Douglas,

15, 62 ; V. Lechmere, referred to, 62 :

Wait, 62, 308, 341.
Witter, Joseph, deputy for Preston, 348;
lieutenant, 506; William, 580; dep-
utv for Preston. 44. 82, 90, 102, 148, 155,

187, 231, 262, 414, 547, 584.
Wolcott, Alexander, surgeon. Cape Bre-
ton, 94: Gideon, 446; lieutenant,

470: Roger, 47, 155, 157, 374,' 397,

508; in nomination, 45, 168, 239, 322,
390,461, 551; chosen deputy -governor,
3, 103, 188, 268, 385, 415, 501, governor,
585; present, 1, 43, 81, 90, 154, 163, 180,
230, 237, 261, 266, 318, 348, 383, 413,
459, 499, 546, 583; chief judge, 3,103,

188, 268, 350, 415, 502 ; grants to, 43, 80,
94, 98, 185, 226, 260, 317, 347, 411, 457,
458, 499, 545, 582, 586; committee of
war, 30; major-general. Cape Breton,
84, 93; to go to Boston on the Canada
expedition, 214; commissioner on mili-
tary affairs, 216, 345 ; on Massachusetts

line. 553, 586: Roger, jun., 446;

deputy for Windsor, 2, 44, 90, 102, 155,
164, 187, 238, 262, 267; committee, 25,
43, 61, 81, 180, 312, 579, on Massachu-
setts boundary, 301, 340, 548; justice,
5, 105, 195, 269, 352, 416, 503; in nomi-
nation, 323, 390. 461, 552: William,

179, 446, 523, 578; deputv for Windsor,
547, 584; justice, 196, 269, 352, 416, 503.

Wolcott's ferry, fare, 182, 581.

Wolves, bounty for destroying, 277.

Woodbridge, Ashbel, 360, 374; chaplain,

Canada expedition, 236: Dudley,

368; justice, 504: Rev. Samuel,

complains of salary unpaid, 27, 69 :

Theophilus, 23: Timothy, 114.

Woodbury, meeting-houses, 12, 16, 38.

Woodin, John, ensign, 507.

Woodmansie, John, ensign, 424.

Woodruff, .John, quarter-master, 124; cor-
net, 425; lieutenant, 517: Joseph,

ensign, 388 ; lieutenant, 506.

Woodstock, asks to be received into Con-
necticut, 301, 339; jurisdiction extended
over, 431, 481, 547.

Woodward, Israel, captain, 48; ensign,

427: John, justice, 20, 104:

Nathaniel, 309: Roswell, quarter-
master, 518.

Woodworth, Isaac, ensign, 276 : John,

201, 313.

Wooster, Arthur, ensign, Canada expedi-
tion, 236: David, captain. Cape

Breton, 85, 91 : Jerusha, 17 :

Joseph, 33, S43; captain, 9; captain,

Canada expedition, 236 : Nathaniel,

303, 306.

Worthington, Rev. William, preached elec-
tion sermon, 5.

Wright, David, 561; lieutenant, 389:

Ebenezer, ensign, 273: James, just-
ice, 104: Joseph, 309, 390: Jo-
siah, 113: Timothy, 438; deputy

for Colchester, 164, 267; ensign, 361.

Wyllys, George, 126, 225, 249, 461, 463,
570; secretary, 3, 103, 188, 268, 850, 415,
501; grants to, 43, 140, 227, 260, 317,

INDEX.

621

412, 498, 545; committee, 56, 66, 100,
151, 177, 293, 294, 474, 508; engaged in
making steel, 58; justice, 5, 105, 195,
269, 352, 416, 503. '

Yale, Asa, Nash, Mary, 440 : Benja-
min, 544: Elih'u and Judith, land

may be sold, 324 : Moses, land may

be sold, 440, 540: Theophilus, just-
ice, 20, 104, 190, 270, 352, 425, 503.

Yale College, grants to, 62, 153, 256, 315,
32.3, 375, 386, 464, 535, 550; new char-
ter of, 113; lottery granted for, 279;
new building, 325, 493 ; repaired, 580.

Yeomans, Gideon, 484: Jonathan,

ferry granted to, 335.

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