(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "The public records of the colony of Connecticut 1636-1776 .."

Qass. 
Book. 






; 



/ 



THE 






PUBLIC RECORDS ^'^« 



OF TH E 



COLONY OF CONNECTICUT, 



FROM AUGUST, 1689, TO MAY, 1706, 



TRANSCRIBED AND EDITED, IN ACCORDANCE WITH RESOLUTIONS OF THE 
GENERAL ASSEMBLY, 







BY CHARLES J. HOADLY, 

LIBRARIAN OF THE STATE LIBRARY. /'j 




HARTFORD : 

PRESS OF CASE, LOCKWOOD AND BRAINARD, 

1868. 



^1 



PREFACE. 



The third volume of Colonial Records published under the editor- 
ship of Mr. Trumbull terminates with the session of June, 1689, The 
following pages contain the records from August, 1689, to the close of 
May session, 1706, being the remainder from page 204 of the third 
manuscript volume of Records of the Colony of Connecticut in the 
Secretary's office. 

The Council Journal from May 30ih, 1696, to May, 1698, being so 
much of that Journal during the period embrac d in the present pub- 
lication as is now found recorded in the Secretary's office, has been 
included in this volume : it is printed in a smaller type and arranged 
in order of time between several sessions of the General Assembly. 
This Council Journal is taken from a volume rebound a few years 
since and lettered Colonial Records, New England, 1664, 1702. 

To the end of October session, 1696, on page 156 of this book, the 
record is in the handwriting of John Allyn ; ihe remainder is in that 
of Eleazar Kimberly. 

Several orders omitted from the record by Secretary Allyn have 
been restored to their places in this publication on the autliori.y of 
cotemporary and authentic manuscripts. These acts or orders are 
printed so as to be readily distinguishable from the record itself, and 
the source whence they are derived is noted. The manuscripts from 
which I have taken these, additions are two : one, cited as the Wind- 
sor MS. is now in the Library of the Connecticut Historical Society, 
where it was some years since deposited by Henry Barnard, LL. D. 
It formerly belonged to the town of Windsor, and contained the code 
of 1650, with the session laws to October, 1708 inclusive, which were 



IV PREFACE. 

entered by the town- clerk, aceording to law, from the copies certified 
and sent out by the secretary. This volume is in pretty good preser- 
vation, but has lost a few leaves. The other, cited as the Stanly MS. 
is in the St^te Library : it consists of manuscript additions to a copy 
of the Laws of Connecticut, of the edition of 1673, which formerly 
belonged to Capt. Caleb Stanly, one of the Assistants 1691-1701, and 
the manuscript is mostly by his hand. 

The proceedings of the General Assembly and other courts were 
originally entered in waste books. As being first wanted, the copies 
of laws and orders sent to the several towns would be made from the 
waste books before the secretary found convenient leisure to make up 
his record in the regular record books, and we may account for the 
omissions from the latter by remembering that Col. Allyn was mucn 
occupied, and that between the dates of the sessions and the making 
up of the record, which was not always done at one sitting, and which 
he probably did not think it necessary to compare with the waste 
book, some interval of time elapsed. 

Mr. George Brinley has a portion of one of the waste books of the 
General Assembly, which ended with May session, 1677, and con- 
tained their proceedings for several years precfiding : it is mostly in 
the handwriting of John Allyn, but in the session of May, 1675, several 
lines are in that of Deputy Governor Leete, and of the last three 
pages of the session of May, 1673, the two former are in the hand of 
Edward Palmes, and the last in that of Samuel Talcott. Unfortunately 
the leaves which held the May session of 1676 have been torn out, for 
there was an act passed at that session to prevent oppression, by reg- 
ulating prices and the profits of merchants and traders, which is not 
found on the records nor printed by Mr. Trumbull, but is found with 
the other acts of that session in the Stanly MS. and in a MS. in the 
library of Yale College, and we should have been curious to see 
whether that act was to be found on the waste book. The Windsor 
MS. has lost the leaves which contained acts of the same session. 

It was my intention to include in this volume selections from the 
extensive and interesting correspondence of this period which is pre- 
served in our archives, but want of space compelled me to omit 



PREFACE. V 

them, as it did also a number of notes to the text which had been 
prepared. However, I trust that at no distant day these letters, with 
such documents of public interest relating to the history of Connect! 
cut as are to be found in other repositories, will be given to the public. 

After the resumption of the charter government in 1 689, a new seal 
was procured, of which a representation is given on the title page, 
taken from an impression of it on a document in the possession of the 
Connecticut Historical Society. In the first volume of the Collections 
of that Society is an article on the history of the seal, to which I can 
only add that Governor Roger Wolcott states, in a memoir relating to 
the history of Connecticut written for President Clap in 1759, and 
now in the possession of Mr. George Brinley, that his step-father, 
Capt. Daniel Clark, who was secretary of the Colony from 1658 to 
1663, told him that the seal was presented to the Colony by George 
Fenwick. 

On page 76 is a note relative to a trial for witchcraft in 1692. 
This was the last trial in Connecticut for this imaginary crime, and 
there was but one subsequent indictment, (viz., that of two females in 
Wallingford in October, 1697, upon which the grand-jury returned 
Ignoramus,) although witchcraft was still counted among the capital 
offences in the revision of our laws published in 1702, and it was not 
omitted from the list when the laws were reprinted in 1715. I had 
prepared a somewhat extended account of cases of witchcraft in Con- 
necticut, but found it too long for insertion as a note. 

Some important changes, as well in the mode of enacting and ad- 
ministering the laws as in the laws themselves, were made during the 
years which this volume covers. The office of Justice of the Peace 
was established in January, 1697-8, replacing the office formerly 
known as Commissioner ; and the colony and county Marshalls became 
Sheriffs in the succeeding May. In October, 1698, an act was passed 
to divide the general assembly, which had hitherto sat as one body 
with the governor, or in his absence the deputy governor, as its pre- 
siding officer, into two branches, a measure calculated to cause the 
exercise of greater deliberation in the passage of acts. In the same 
session a probate court was erected in each county, distinct from the 



VI PREFACE. 

county courts, and an act for the settlement and distribution of estates, 
which is the basis of our present law on those subjects, was passed 
the next year. In 1701, the place for holding the October sessions 
of the general assembly and court of assistants was altered, and in the 
autumn of that year the Collegiate School was incorporated. In 
1702 a new revision of the colony laws was published, a work for 
which a committee was first appointed in October, 1696. 

Other matters of interest in this volume are the papers relative to 
the visit of Col. Fletcher to Hartford, in October, 1693, for the pur- 
pose of presenting his claims to the command of the Connecticut 
militia, which he did not succeed in establishing, although the story 
of how he was foiled by Capt. Wadsworth does not rest upon any 
good foundation. The incorporation and settlement of quite a num- 
ber of new towns, and the division of some towns into villages and 
distinct ecclesiastical societies, which at a later day became towns, 
may also be specified. 

State Library, Hartford, C. J. H. 

July 2, 1868. 



THE PUBLIC RECORDS 

OF THE 

COLONY OF CONNECTICUT. 

[volume III.] 
[204] A Speciall Court held at Hartford, August 29, 

1689, ^ ORDER OF the GOVERNOR. 

The gentlemen of the Court appeareing with the deputies 
there not ])enig a sufficient number of Assistants to constitute 
a Court the Governo'" dismist those present and orderd a meet- 
ing of the Generall Court the 3^ day of September next in 
Hartford.* 

* The Gfeneral Court was unable to meet in August on account of the prevalence 
of an epidemic sickness. Secretary Allyn writes to Governor Bradstreet, August 9, 
1689, " It is a very sickly time in most of our plantations, in some near two-thirds of 
our people are confined to their beds or houses, and it is feared some sufi'er for want 
of tendance, and many are dead amongst us, and the great drought begins to be very 
afflictive." He writes again to the same, September 4, " The sickness is indeed very 
sore in most of our towns; Mr. Hamlin, one of our Assistants, was buried last Monday, 
Mr. Wadsworth lies dangerously sick, and Capt. Talcott is hopefully recovering out 
of the sickness, but not yet abroad." War, II, 11, 18. In the town of Windsor the 
deaths of 29 individuals are recorded between July 10 and September 16, 1689. Copy 
in Colony Rec. of Deeds Szc. II. There were more than 20 victims in New London. 
Mr. Wetherell. the recorder, inserted a list of them in the town book under the follow- 
ing caption, " An account of several persons deceased by the present distemper of 
sore throat and fever, which distemper hath passed through most families and proved 
vei-y mortal with many, especi;illy to those who now have it in this more than ordi- 
nary extremity of hot weather, the like having not been known in the memory of 
man." Caulkins Hist, of N. Lond. 198. 



PUBLIC RECORDS 



[Sept. 



Col. Robt. Treat Esqr. Gov- 
James Bishop Esq"" Dept. 
Majoi' Nathan Gold, 
Capt. Jiio Allyn, 
Capt. Andrew Leet, 
Captn SamU Mason, 
Capt" Benj. Newbeiy. 

Deputies. 
Capt" Caleb Stanly, ) 
Mr W» Pitkin, \ 

Capt. Joseph Fitch, 
Corn* Return Strong, 
Lnt James Treat, 
Deac. Saniii Butlar, 
ahs. Capt John Stanly, 
Sarj Steven Heart, 
Capt Moses Mansfeild, 
Lnt AbramDickerman, 
Mr W'« Maltby, 
ahs. L'^t Eliez. Stent, 
abs. M"" Jere. Judson, ' 
ahs. W John Wells, ; 
ahs. M'- Tho. Clark, 
Capt. Jn° Beard, 
ahs. Mr Alexander Pigon 
ahs. M'" John Wheeler, 
Ens. Tho. Yeale, 
ahs. Mr Tho. Curtice, 



for Hartford. 



for Windsor. 



for Wethersfeild. 



for Farminffton, 



for New Hauen 



for Brandford. 



for Stratford. 



for Milford. 



for N. London 



for Wallinoford. 



The 3d day of Sep- 
tember 1689, the Gen- 
erall Court mett ac- 
cordingly; the mem- 
bers of the Court are 
in the margent; such 
deputies as were ab- 
sent it is so notifyed. 

The Governo'' de- 
clared how he had 
commissioned Captain 
Bull and how he had 
instructed him to treat 
the Maquaes. The 
Court by their vote 
declared that they 
owned and approued 
of what the Governo"' 
had done in commis- 
sionating of Capt Bull 
in goeing to Albany 
and treating the Ma- 
quaes &c. with the in- 
structions giuen him.* 

The Court by their 
vote declared they 
would send comrs to 
treat with those of 



* Governor Bradstreet writes Aug. 21, 1689, " The enemy is daily making their in- 
cursions upon our frontier towns, murdering and captivating, burning and destroying; 
and we fearing lest by their suggestions and lies they should incense the Maquas 
against us, we have sent our messengers Major Tho. Savage and Capt. Andrew Bel- 
cher, hoping that Major Pyuchon will go along with them, to renew our amity with 
them and to give them a true information of the present state of things in Europe as 
to the war between the English and Dutch against the French, and our own innocency 
in this our war with these easteam Indians," and requests that Capt. Bull may be 
sent by Connecticut to accompany the messengers of Massachusetts. Gov. Treat re- 
plies Aug. 31, that Capt. Bull had been commissioned and instructed to join in treat- 
ing with the Maquas, that with Major Savage and Capt. Belcher he had gone on the 
Monday .previous to Westfield, whence with Col. Pynchon they had started for Albany 
the next day. War 11, 15, 16. 



1689.] OF CONNECTICUT, 3 

Lnt Nath White, j f^^. ^^-^^^^^^^^^ Massachusets and Pli- 

Koijt Warner, j mouth to consult of 

^^^Kf%7^ c'"'''"''' I for Stoneington. ''''^' '''^'' ^""^ ''''^^'- 
abs. Mr Tho. Stanton, J ^ ods as shall be judged 

Mr Wm Ely for Lyme. most proper for the 

M'- John Higiy for Simsbury. preserueing and se- 

Lnt Henry Crane for Kellmgworth. cureing of their Ma^'es 

Deacon W- Johnson, 1 f^^. ^^^^^^^_ subjects In these plan- 

Jleacon Jn" Graue, ) tations against the 

Mr W.n Dudly J ^^^ saybrooke. ^'^^-^ ^^ ^^^^ ^^^^^^^^^^^ 

abs. Ens. Jno Prat, ^ and the suppressing 

abs. Ensign Georg Gates, ( ^^^ Hadum ^^ *^''^"'-* 
Josep/i Arnold, j " This Court made 

abs. Ens. John Bate, for Standford. choyce of the Hon>-d 

Lnt Tho. Leffingwell, ) f,, Norwich. ^'^^^^ ^^^^^^P ^sq^ 
abs. Lnt Benj. Brewster, ) and Captaine Samuel 

abs. Ens. Thomas Jud for Waterbury. Mason (and M"" W™ 
Pitkin for a reserue) to be comrs and agents for and in behalf 
of this colony to meet with the com" of the Massachusets, Pli- 
mouth (and Road Island if they send any,) in Boston, who 
are by this Court fully impowered to consult with the afoar- 
sayd gentlemen, aduise and determine of such rules and 
meathodcs as shall be judged most proper for the preserueing 
and secureing of their Mat'^s subjects in New England east- 
ward, and in the Massachusets colony, and for the ruin of the 
cncmie, according to such instructions as herewith are deliuer- 
ed you. 

Instructions for 6'' Comissioners. 
You are to gayn the best acquaintance you can come at of 
the grounds and reasons of the war, and if you doe find that 
the Indians haue receiued wrong and just provocation from 
the English to incensse them against them, though not to pro- 
ceed as they haue done, you are to labour w^h the gentlemen 
(if any way of makeing it knowne to the enenne can be 
thought of,) that a meet sattisfaction may be made or tender- 
ed to them for such wrong, and if that be not accepted by 
them and will not be peaceable and make sattisfaction for 



* This measure had been suggested by Gov. Bradstreet, by order of the Convention 
at Boston, in a letter dated July 17, 1689, and further urged in letters of Au<^ust 13th 
and 23d. War II, 10-18. 



4 PUBLIC RECORDS [Sept. 

what wrong they liaue done the English, or you are otherwise 
sattisfyed in the justice of the war then by the help of God 
you are to proceed against them to subdue them by force of 
amies. 

2. That what army shall be concluded by the comissioners 
to be necessary for the war, this colony will rayse and mayn- 
tayne such a proportion of it as is agreeable to the proportion 
of their estates and ours as it shall be agreed by our comis- 
sioners with the others prouided they rayse not an army greater 
then will be answered with two hundred English and Indian 
souldiers for this colony, and if we by reason of sicknesse or 
other necessities cannot or doe not send our agreed number 
that then they being raysed in the other colonyes, we will pay 
and maintayn them as our owne. 

3. That the conduct of such forces as shall be raysed out of 
this colony shall he raysed out of this colony shall be under 
theire own officers, subjected onely to the generall of the whole 
army or such as doe rule the whole armyes. 

4. That the payment of souldiers be concluded by the com- 
missioners as to what it shall be and that and other charges of 
the war in want of money shall be made and accepted in pro- 
[205] uissions at one third of the price || allwayes currant at 
Hartford to be abatted to make it as money. 

5. If the prouidence of God should so dispose that the seate 
of the war should be remoued from those partes into these 
partes that like assistance be granted to vs by all the confed- 
erates to repell the enemie in these partes. 

The secretary is to signe the comission and instructions for 
our Com^s in the name and by order of this Court and the 
letter of this Court. 

This Court confirmes M"" Joseph Fitch captain of Windsor 
traine band of the north end of Windsor town, and Abraham 
Phelps l^t of the sayd company, and Thomas Stoughton en- 
signe of sayd company, who are to be commissionated accord- 
ingly- 

John AUyn was by this Court chosen L"' Colonell of the 
regiment of the county in Hartford, and Benjamin Newbery 
Major for the sayd regiment, who are to be commissioned ac- 
cordingly. 

Capt" John Chester is chosen captain and M"" John Buttolph 
leiutenant and M^ John Chester ensign for the sowth traine 



1689.] OF CONNECTICUT. 5 

band of Weathersfield, and this Court approiied and confirmed, 
who are to be commissionated accordhigiy. 

M'' Eobt AYells is cliosen captain, W™ Warner 1"', SamU 
Butlar ensigne of the traine band of the north end of Weath- 
ersfeild, and by this Court approued and confirmed, who are 
to be commissionated accoi'dingly. 

Josepli Wadsworth is chosen !»', and Zachary Sandford en- 
signe for tlie traine band of the north side of Hartford, and by 
this Court approued and confirmed, who are to be comissioned 
accordingly. 

Caleb Standly was chosen captain and Jonathan Bull 1"S 
and Jacob White ensigne of the traine band of the sowth side 
of Hartford, and by this Court confirmed, who are to be com- 
missionated accordingly. 

Capt. Georg Dennison is chosen captain and M"- Thomas 
Holister liuetenant of such volunteers as shall goe forth against 
the enemie, and they are to be commissionated accordingly, 
and they haue liberty to beat up their drnms for volunteers to 
serue under them in euery plantation in the countyes of Hart- 
ford and New London. 

Ebenezer Johnson is chosen captaine of such volunteers as 
shall go forth against the enemie, and is to be commissionated 
accordingly, and he hath liberty to beat up the drum for vol- 
unteers to serue under him in euery plantation in the county 
of Fayrefeild and New Haven. 

And in case there should not be volunteers enough to make 
200 w'h the Indians that shall be willing to goe forth against 
the enemie, this Court orders that there be a press giuen out 
in the name of his Ma^'e by order of this Court, to presse to 
presse so many as shall make up the number as shall be agreed 
to be sent out, and to press all such amies and ammunition or 
prouission as shall be needfull for the setting them forth. 

This Court order tliat the power in millitary afFayres which 
by law is giuen to sarg*^ majors shall in euery respect be in 
euery 1"^ colonells power to exercise that is chosen or shall be 
chosen by the Generall Court, and by them be commissionated 
to that office, and that each of them shall haue the command of 
his sarjt major and all other inferiour officers in his regiment. 



6 PUBLIC RECORDS [Sept. 

This Court desires and impowers c com''s to purchass fouer 
or six barells of powder with som lead for the use of the colony, 
and upon their credit, and to cause it to be sent up to the treas- 
urer for the account and venture of the colony. 

This Court [doe order] * that lists shall be made of the per- 
sons and estates rateable by law of the seuerall persons in this 
colony to be presented to the Generall Court October next, 
and if any person neglect to giue in a true account of their 
persons and estates, it shall be in the power of the listers or 
Generall Court to rate them will and doome. 

Forasmuch as in this juncture there may fall out many 
emergent occasions in the enteruales of the Generall Court 
which will require speedy attendance, in refference to the war 
with barbarous Indian enemies ; for the better disspatch of all 
such affayres this Court doe desire and impower the Hono'"'! 
Governo'' and so many of the Assistants as can conveen, not 
lesse then fower persons of them in all, the Gouerno'' or Dep- 
uty allwayes being one, to be a committee for this Court and 
Colony, to transact the colony affayres that shall necessarily 
occur; this to continue till the Generall Court in October 
next.f 



[206] A Generall Court held at Hartford, August 29^^ 
1689, ^ order of the Governoi'. 

The Crenf of the Court appearing with the Deputies, there not 
being a sufficient number of Assistants to constitute a Court, the 
Croverno'' dismist those p)resent and ordered a meeting of the Gren- 
erall Court the 3'' day of September next in Hartford. 

The 3"^ day of Sejptember, 1689, the Grenerall Court mett ac- 
cordingly; the meiiibers of the Court are in the mar gent; such 
deputies as were absent it is so notifyed. 

Hob' Treat Esq'', Gov''. 

James Bishop Esq'' Bept. Capf Andrew Leet, 

Major Nathan Gold, Capt. Samuel 3Iason. 

Capt. John Allyn, Capf Benj. Newbery. 

* Windsor MS. 

t The 11th of September was appointed "to be kept a daj' of prayer throughout 
the Colony to seek the Lord to save the land for his own name sake, by giving coun- 
sel and success to the endeavors of his people in serving his holy providence, for the 
suppression of the cruel and crafty enemies of his people, and remove sickness from 
us &c." War H, 18. 



1689.] OP CONNECTICUT. 7 

Deputies. 

Capt" Caleb Stanly, Jf TF" Pitkin; for Hartford. 

Capt. Joseph Fitch, Cornet Return Sti-ong ; for Windsor. 

L"^ James Treat, Beacon Sam" Butlar ; for Wethersfeild. 

Capt" John Stanly, Sarg^ Steven Heart ; for Farmington. 

Capt. Moses Mansfeild, 2/"' Ahram Dicherman ; for New Hauen. 

M' 7F"' Malthy; abs. L"' Ehen Stent; for Brandford. 

ahs. If Jeri. Judson ; abs. 31' Jn Wells ; for Stratford. 

abs. 3F Tho. Clarke ; Capt. Jn Beard ; for 3Iilford. 

abs. 3F Alex: Pigon ; abs. 3P John Whelcr; for JV. London. 

abs. Fns. Tho. Yeale; abs. 31'' Tho. Curtice ; for Walingford. 

L" Nath. White, 3r Rob' Warner; for 3Jidleton. 

Capt. G-eorg Benison; abs. 3r Tho. Stanton; for Stoneington. 

3r W" Fly; for Lime. 

3P John Higly ; for Simsbiiry. 

L"' Hem'y Crane ; for Kenilivorth. 

Beacon W'" Jonson, Beac. John Crraue; for Guilford. 

3P W'" Budly ; abs. Fns. John Prat; for Saybrook. 

Fns. Georg Gates, Joseph Arnold; for Hadum. 

abs. Fns. John Bates ; for Slandford. 

L"' Tho. Leffingivell, L"' Benj. Breivster ; for Norwich. 

absent, Fns. Tho. Jud; for Watterlmry. 

The Gov"" declared how he had commissionated Capt. Bull and 
instructed him to treat the 3Iaquaes. 

The Court by theire vote declared that they owned and approued 
ofivhat the Governo^ had done in commissionateing' of Capt" Bull 
in goeing to Albany and treating the 3Iaquaes, (j-c. with the in- 
structio7is giuen him. 

The Court by their vote declared that they would send Com''' 
to Boston to treat with those of the 3Iassachusets and Plimoth 
to considt of such rules and methods as shall be judged most 
proper for the preserueing and secureing of their Ma/'"" subjects 
in these plantations against the rage of the enemie and the sup- 
pressing of them. 

This Court made choyse of the Honoured James Bishop Fsq'' 
and Capt" Samuel 3Iason to be Com''" and agents for and in the 
halfe of this Colony to meet ivith the Com"'" of the 3Iassachusets, 
Plimouth and Rohde Island, (if they send any,^ in Boston, ivho 
are by this Court fully impowered to consult tv"' the afoarsayd 
gent", aduise and determine of such rules and methods as shall be 
judged most proper for the preserueing and secureing of their 
31a''-" subjects in these plantations against the rage of the enemie, 
trho are no^v in open hostility against his 31a'-'"' sidjects in New 
England eastward and in the Massachusetts Colony, and for the 



8 PUBLIC RECORDS [Sept. 

ruine of the enimie, according to such instructions as are here- 
toiLh deliuered you. 

Instructions for our Commissioners. 

1. You are to gayn the best acquaintance you come at of the 
grotvnds and reasons of the war, and if you doe finde that the 
Indians haue receiued wrong and just provocation from the Eng- 
lish to incensse them against them., though not to proceed as they 
have done, you are to labour w"' the gent" (if any good way of 
makeing it knoivn to them can be thought of, ) that a meet sat- 
tisf action may be made or tendered to them for such lorong, and 
if that be not accepted by them and they tvill not be peaceable 
and make sattisf action for ivhat tvroung they haue done the Eng- 
lish, or yon are otherwise sattisf yed in the justice of the tear, 
then by the help of Crod you are to proceed against them to sub- 
due them by force of armes. 

2. That what army shall be concluded by the Coni^ to be 
necessary for the war this Colony will rayse and mayntayne 
such p)roportion of it as is agreeable to the proportion of their 
estates and ours, as it shall be agreed by our Comissioners with 
the others, prouided they rayse not an. army greater then will be 
answered with two hundred English and Indian soiddiers for 
this Gollonyes jjroportion, and if we be by reason of sickness or 
other necessities cannot or doe not send our agreed number, that 
they being raysed in the other Colonyes, we ivill pay and mayn- 
tayn them, as our oume. 

3. Thai the conduct of such forces as shall be raysed out of 
this Colony, shall be raysed out of this Colony, shall be under 
there own officers, subjected onely to the generall of the whole 
army, or such as doe rule the ivhole armyes affayres. 

4. Tliat the payment of souldiers be concluded by the Com" 
as to ivliat it shall be, and that and other charges of the war in 
leant of money shall be tnade and accepted i7i jJrouissions at 07ie 
[207] third (f the \\ price allwayes currant at Hartford, to be 
abalted to make it as money. 

5. If the prouidence of Crod should so disspose thai the seat 
of the war should be remoued from those paries into these partes, 
that like assistance be granted to vs by all the confederates to 
rep>ell the enemie in these partes. 

The Secretary is to signe the commission and instruciions for 
d" Com" in the name and by order of this Court, and the letter 
of this Court. The aboue and that in the other page is re- 
corded before. 



1689.] OP CONNECTICUT. 9 

A Generall Court held at Hartford, October IQt'i 1689. 
Col. Robt Treat, Esq-", Gov. 
James Bishop, Esq"", Dep' Gov. 
M"" Samuel Willys, Capt. Andr. Leet, 

L»t Col. John Allyn, Sec'\ Capt. James Fitch, 
Mr W™ Joanes, Capt. Samuel Mason. 

Deputies. 
M"" Ciprian Niccols, Capf* Caleb Stanly ; for Hartford. 
Capt. Joseph Fitch, M"" Return Strong ; for Windsor. 
Capt" Moses Mansfield, L"' Abram Dickerman; for N. Hauen. 
Mr John Burr, M^ James Bennet ; for Fayrefeild. 
Mr Daniel Witherly, Ens. James Morgan ; for N. London. 
Capt. John Beard, Capt. Sam'' Eales ; for Milford. 
Capt. W'n Lewis, Capt. John Stanly ; for Farmington. 
Capt. John Chester, L^t James Treat ; for Weathersfeild. 
Mr Tho. Minor; for Stoneington. 
Lit Nath. White, Ens. W'" Warde ; for Midleton. 
M"^ Josia Rossiter, Deacon W™ Johnson ; for Guilford. 
Mr Benj. Brewster, Ens. W"> Baccuss ; for Norwich. 
M"" Jos. Curtice, Mr James Judson; for Stratford. 
Mr Samuel Hayes; for Norwalk. 
Ens. Thomas Yale, Mr Tho. Curtice ; for WalKngford. 
Mr John Chapman, M"^ W'" Dudley ; for Saybrook. 
Lnt Abram Brunson ; for Lyme. 
Mr W'n Malby ; for Branford. 
Mr Georg Gates, Mr Jos : Arnol ; for Haddum. 
Mr Joseph Griswold ; for Kellingworth. 
Ens. John Higley; for Simsbury. 

The list of the persons and estates belonging to the seuerall 
townes in the Colony are, — 

II ^ d a ' d 

298 Hartford, 19112 00 00 317 New Hauen, 16286 00 00 

259 Windsor, 14953 00 00 155 Milford, 09856 00 00 

■228 Weathersfield, 13992 00 00 69 Brandford, 03550 00 00 

81 Farmington, 06574 00 00 110 Guilford, 07000 00 00 

70 Simsbury, 03606 00 00 73 Wallingford, 03698 00 00 

124 Midleton, 05468 00 00 38 Derby, 01304 00 00 

63 Haddum, 02659 00 00 168 Fayrefeild, 09647 00 00 

. 2 



10 PUBLIC RECORDS [Oct. 

172 New London, 08588 00 00 110 Stratford, 07913 00 00 

82 Norwich, 0G162 00 00 58 Woodbury, 02700 00 00 

83 Saybrook, 05551 00 00 55 Norwalk, 05022 00 00 
63 Lyme, 01207 00 00 113 Standford, 05089 00 00 
45 Kenil worth, 02130 00 00 59 Greenwich, 02622 00 00 
83 Stoneington, 01828 00 00 

Whereas New London have neglected to make return of the 
list of their estates to this Court, the Court appoynt M"" Daniel 
Witherell, M^ James Auery, jun"". Ensign Clement Minor, and 
M"" W™ Dowglasse, forthwith to take a list of the persons and 
estates of the sayd towne of New London, and send it up to the 
Secretary, to be entered and recorded, and in case any refuse 
to giue in an accoi^ of their estates, they are to list them as near 
as they can com at them by the best inquiry they can make. 

Woodbury neglecting to return their list, 1"* Iserell Curtice, 
Mt" John Sherman and Samuel Stiles are appoynted forthwith 
to make a list of the persons and estates of that towne, and to 
return it to the Secreti'y, to be entered and recorded, and in 
case any neglect or refuse to giue in an acco*^ of their persons 
and estates to the list makers, they are to list them as neer as 
they can com at them by the best inquiry they can make. 

The like order is to be taken for Derby, Samuel Rigs, Isack 
Niccols, W'n Tomlinson and Jeremy Johnson sen"", to make 
the list as aboue, and John Iliglcy, Peter Bewell, Samitel Wil- 
cox and Joshua Holcombe, to make the list for Simsbury. 
Tho. Judd, John Stanly and Isack Brunson, are to make the 
list for Waterbury, &c. 

This Court seeing the great charge they are put to many 
wayes for the defence of themselues and his Ma^'es subjects in 
other partes, see themselues necessited and accordingly doe 
call in that releife that hath been granted to the forte at New 
Yorke, and appoynt the secretary in the name of this court to 
signify so much by letters to Capt"^ Leishler, and allso to signify 
that if any force shall inuade them we shall be ready to releiue 
them according to our abillity and capacity.* 

Capt" Sam" Mason and M'" W"^ Pitkin were chosen com- 
missioners for the next meeting of commissioners at Boston, 

* The letter from the General Court signed by John Allyn, Secretary, is in War 11, 
23. It is printed in the Documentary History of N. Y. II, 20. 



1689.] OF CONNECTICUT. 11 

the 18th of this moneth, and M"" Daniel Witherell for a 
reserue. 

This Court haueing considered M^ George Sanders petition 
and what he hath p^sented, and what Mr Pitkin hath returned, 
doe find that M"" Pitkin hath yet done M^ Sanders no wrong, 
and therefore doe aduice M"" Pitkin to stand to what he pro- 
pownded, and M"" Sanders to get some honest, sufficient man 
to engage M"" Pitkin that the payment of the money shall be 
made to him within three moneths from this date, and that Mr 
Pitkin accept thereof according to his tender made in court. 

Georg Gates was approued and confirmed to be l'^^ of Had- 
dimi trayne band, and James Wells, ensigne, who are to be 
commissionated accordingly. 

John Stanly in like maiier is confirmed 1>^% and Thomas 
Jud ensigne of the trayne band of Waterbury. 

It is ordered by this Court and the authority thereof, that 
all and euery person and persons of peaceable, orderly and 
[208] good conuersation, being ||.in possession of freehold 
estate to the value of forty shillings in country pay ^ annum, 
and being twenty one yeares of age, upon due certificate made 
thereof, by the select men of the seuerall plantations, or the 
major part of them, to which they doe belong, shall be allowed, 
admitted and enrowled freemen of this corporation, which cer- 
tificate being made and presented to any assistant or commis- 
sioner, the sayd assistant or com"" shall administer the free- 
mans oath to the sayd persons, and return the names of those 
so admitted and sworn to the Secretary of the Colony, to be 
enrowled accordingly. 

It is ordered by this Court that for the future the freemen 
in the severall plantations shall meet in their seuerall townes 
upon the third Tewsday in March yearly, at their meeting 
house, about nine of the clock in the morning, and there each 
freeman shall giue in the names of twenty persons fayrely 
written upon a peice of paper to the constable and commis- 
sioner or townsemen of their town, (whoe they choose for to 
be nominated at the election for Assistants,) who shall receiue 
them and seal them up in a peice of paper, and the constables 
shall the next Fryday after the sayd meeting, carry their sayd 



12 PUBLIC RECORDS [Oct. 

votes to the county town, and the constable of the county town 
shall by himselfe or one appoynted by the constables met at 
the county towne carry the voates of the seuerall townes to 
Hartford, there to meet on the last Tewsday in March yearly, 
in the court chamber, and the Assistants present, or Secretary, 
shall administer an oath to those that shall com from the sayd 
county townes, faythfuUy to sorte the sayd votes, and the names 
of those twenty they shall find to haue most votes shall by the 
Secretary be sent back to the seuerall county townes by the 
sayd persons that shall bring up their votes, and from thence 
the seuerall townes shall haue notice of those twenty that are 
by the freemen appoynted to stand for the nomination at the 
court of election, and upon the last Tewsday in Aprill the free- 
men in each town in this Colony are to meet as afoars*^ about 
nine of the clock in their meeting house, and out of that num- 
ber of twenty chosen for the nomination they are to giue in 
their votes for the Gov, with his name fayrely written upon a 
peice of paper ; in like manor they are to giue in their votes 
for the Dep' Gov, w''^ his name fairly written upon a peice of 
paper, all which are to be sealed up and writ upon. These are 
the votes for the Governo'", and so for the Dep* Gov^. They 
are allso to goe ouer the whole nomination person by person, 
according as they are set downe in the nomination, \_and every 
freeman is to bring in his vote to the constable for 'every one 
which shall be in the nomination,']* which votes shall be a white 
paper for a blanck, and a paper with some writing upon it for 
election, and each mans voate shall be sealed up and the name 
of the person that is voted for shall be written of the outside 
of the paper, and so they are to pass through the nomination 
and to giue in their votes for Treasurer and Secret>'y, which 
in like maner are to be sealed up and writ upon, and the votes 
put into the hands of the deputies of their towne, who are to 
bring them up to the election and deliuer them at the time of 
the election as they are called for, any former order to the 
contrary notw^ii standing, and those twelue men that haue most 
uotes when the whole number is gon over shall be declared 
Assistants for the yeare ensueing. 

* Windsor and Stanly MSS. 



1689,] OF CONNECTICUT. 13 

This Court orders that the proportion of men that is to be 
raysed to send to send to Albany, is as followeth: in Hart- 
ford county, 18 and a capt" ; New Hauen, 15 and a 1"' ; Fayre- 
feild, 14 and an ensigne ; New London, 13 and the eldest sarj^ ; 
and for the proportion of the seuerall townes in the county, this 
Court leaues it with the Governo"" to setle it at New Hauen 
county. Major Gold in Fayrefeild county, L"* Col. AUyn in 
Hartford county, and Capt. Fitch and M^ Wetherell for New 
London county. New Hauen town, 6. Milford, 4. Guil- 
ford, 3. Brandford, 2. Wallingford, 1. Kenilworth, 1. Say- 
brook, 2. Lyme, 2. New London, 4 and a sarj'. Norwich, 
2. Stoneington, 3. 

This Court orders that since we haue reassumed o"^ gover- 
ment the deputies of the seuerall plantations shall receiue the 
same sallery as they did formerly receiue long before the 
change of goverment, onely where two deputies doe not come 
up for a towne those deputies shall haue but halfe the salery 
allowed, and for speciall courts the charge of the deputies shall 
be payd out of the publique treasury, any order to the contrary 
notwithstanding. 

[209] This Court grants the Governo'' forty pownds towards 
the charge and trouble he hath been at this year for the coun- 
try ; and to the Dep'' Gov upon the same acco' ; to the Secre- 
tary, ten pownds ; the Treasurer, twenty fine pownds ; to the 
Marshall, fifteen pownds. <■ 

This Court grants a rate of a penny halfe penny upon the 
pownd of all the rateable estate in the Collony, to be payd one 
third in wheat, winter wheat at fewer shillings six pence p 
bushell, sumer wheat fower shillings p bushell, and one third 
in Indian corn, at two shillings six pence p bushell, one third 
in pease or rye at three shillings p bushell, and porck at three 
pounds ten shilling p barell, and if any will pay halfe their 
rates in wheat and halfe in Indian at the price abouesayd, it is 
to be accepted, all which pay is to be good and merchantable. 
If any will pay two thirds of their rate in money, it is to be 
accepted in full of their rates ; this is to defray the countreyes 
charge. 

Captain W"' Lewes and Captain John Stanly are chosen 



14 PUBLIC RECORDS [Oct. 

commissioners for Farmington and Waterbury, and M^" Henry 
Woolcot for Windsor and Simsbury. 

This Court apoynts John Post to lay out to Capt. Fitcli his 
grants of land according to his grants. 

This Court appoynts and desire Capt. Samuel Tallcot, Ens. 
Natli. Stanly and M"" Cipprian Niccols to consider and setle the 
matter that was commited to them concerning the fence at 
Simsbury, according to the former order of this Court, and 
to attend it as soone as they shall be called to attend it by the 
select men or major part of them. 

This Court by their vote granted John Parker the sum of 
ten pownds, prouidcd he continue and attend his charge in the 
forte at Saybrooke till the last of May next. 

This Court doth appoynt that the Gov or Deputy Governo'' 
with the Assistants, so many of them as shall conveen, not less 
then three of them, with Capt. Caleb Standly, M"" Ciprian 
Niccols, Ens. Nath. Stanly, Capt. John Stanly and M"" James 
Treat, or any three of them, shall be a Committee or Counsell 
of Safety in behalfe of this court, to order and act all such 
maters of publique concernment that shall fall in in the inter- 
ualls of the Generall Court, and be necessary to be attended 
till the Court in May next. 

It is left by this Court with the Governo'' to appoynt a day 
of publique thanksgiueing and a day of humiliation as soone 
as he shall see fitt. 

The Court adjourned till the Governor or Dept. Gov^" shall 
see cause to call them agayn. 



A Gen'' Court held at Hartford by specl\l order of the 

Governor, Aprill 11^'', 1690. 
Col. Robt. Treat, Esq"- Gov, L. Col. John Allyn, See", 

Mr Samuel Willys, Capt. James Fitch, 

Major Nathan Gold, Capt. Sam^' Mason, . 

Mf W"' Joanes, Capt. Sam' Tallcot. 

Deputies. 
M^ W'" Pitkin, Cap. Caleb Stanly ; for Hartford. 
Capt. Jos. Fitch, M"- John Moore ; for Windsor. 



1690.] OF CONNECTICUT. 15 

Capt. Moses Mansfeild, L"' Abram Dickerman; for N. Hauen. 

Capt. Jn° Beard, M-- Sami' Buckingham ; for Milford. 

M'" John Burr, M'' John Wakeman ; for Fayrefeild. 

M'" Rich^ Bkckleach, M^ James Judsoii ; for Stratford. 

Mr Thomas Yale ; for Wallingford. 

Lnt Nath. White, Ens. W^" Cheeny ; for Midleton. 

M"" Ephraim Minor ; for Stoneington. 

M"" Samii Hoyte ; for Standford. 

M'" John Griswold ; for Kenilworth. 

Mr Tho. Seamo"" ; for Norwake. 

L"t Ebenez. Jonson ; for Derby. 

M"" W'" Douglas, Mr Jn° Morgan ; for New London. 

L^t Ebenez. Stent, M^ W™ Malby ; for Branford. 

The Court being mett, the Gouerno'' informed the Court that 
the occasion of this meeting was that he receiued sundry let- 
ters from the Massachusets, and from Captain Leisler, of New 
York, and from Col. Pynchon, in which letters the sayd gent" 
of Massachusets moued that there might be commissioners 
meet at Rhode Island on the last Munday of this moneth from 
this Colony and all the rest of the Colony s ; 2. that we would 
take care to continue Capt. Bull at Albany, or if he be returned 
to send him or som other in his roome, with suitable forces to 
guard Albany, and to joyne with such others as shall be sent to 
inuade the French towards Canedy ; 3. Major John Pynchon 
manifested his desire to liaue twenty or thirty men to scout 
and guard the upper plantations ; 4. Capt" Leisler, Capt. Ad- 
sell and M'" Pembrooke desired liberty of rayseing volunteers 
to goe to Canida and to secure Albany ; M^ Leuingston allso 
moued the Court in the behalfe of Albany, that som« forces 
might speedily be sent thither for the preseruation of that post 
and offending the enemie, (as by seuerall proposalls he gaue 
into the Court in writting will appeare.)* All which was con- 



* Mr. Livingston had been commissioned by the convention at Albany to represent 
the state of aii'airs there to the Governor and Council of Connecticut, and to aslc 
assisiance; Doc. Hist, of N. Y., II. 97. He presented a memorial dated March 12, 
1689-90, (War, H. 46, Doc. relat. to Col. Hist, of N. Y., IH. 692,) which the Council 
promised should be taken into further consideration after tliey had heard from Mas- 
sachusetts, (War II. 47, b.) Mr. Livingston's paper of proposals &c. to this session 
of the General Court should be in War II. 55; it is printed from another copy in Doc. 
relat. to Col. Hist of N. Y., III. 703. 



16 PUBLIC RECORDS [April, 

sidered by the Court, and the Court did see a necessity of 
utmost endeauours to prevent the French of attacquing or set- 
leing at Albany, and therefore did order that two foot compa- 
nyes shall be with all speed raysed and sent to Albany, to take 
all opportunities and advantages against the enemie to destroy 
them. Capt" Joseph Fitch was appoynted to be captain of one 
of those companies, and M"" Sam^' Fozdike is appoynted 1"^ of 
sayd company, and John Stedman, ensigne. The company is 
to consist of sixty foure English souldiers, besides officers, and 
so many Indians as will go forth with them, to the number of 
forty, which company is to be raysed out of the county of Hart- 
ford and New London. The other company is to be raysed in 
the countyes of Newhauen and Fayrefeild, and is to consist of 
sixty English and forty Indians, if so many Indians shall be 
found willing to goe, and Ebenezer Johnson is appoynted their 
captain, and Samuel Newton their 1"*, and Auger Tomlinson 
their ensigne. The companies to be raysed are so many vol- 
unteers as shall appeare, and the rest to be prest souldiers. 

This Court findeing a necessity that money be raysed to 
carry an end the war and pay the souldiers that haue been at 
[210] Albany this winter, || and that something may be in a 
readinesse for that purpose, this Court doe grant and order 
that there be a rate of fower pence upon the pownd raised of 
all the rateable estate of the Colony, to be payd one halfe 
forthwith, and the other halfe at or before the last of Nouem- 
ber next, to be payd in the same species and price as the rate 
granted October last was ordered to be payd in, onely there is 
a liberty granted to pay a fowertli part in beife well repact, at 
forty shillings p barell. 

Forasmuch as the present dispensation of God's prouidence 
towards us in the war we are ingagcd in with the French and 
Indians, and the effects thereof being uncertain, and what 
opportunities we shall haue to plant and sowe being uncertain, 
and allso the danger that may be of transportation to Boston, 
by reason of pirates, it is ordered by the Governo"" and Gener- 
all Court that there shall be no corn nor prouissions of any sort 
shiped on boarde any vessell in any portc of this Colony, to be 
transported out of this Colony, for the space of three moneths 



1690.] OF CONNECTICUT. 17 

from the date hereof, without speciall lycensse from the Gov- 
ernor or two Assistants, (in Fayrefeild county, M"" Gold and 
M^ John Bur,) upon the penalty of confiscation or forfeiture 
of all such corn or prouission as shall be found shipped or on 
board any vessell contrary to this order. 

John Bowers is appoynted and approued to be leiutenant of 
Greenwich train band, and James Ferris, ensign, who are to 
be commissioned accordingly. 

Mr John Bur is appoynted to be captain of Fayrefeild traine 
band, and Mathew Sherwood, leiutenant, and M"" Nathan Gold, 
junr, ensign of the sayd band, and they are to be commis- 
sioned accordingly. 

Mr Samuel Collins is approued to be ensigne of Midleton 
traine band, by this Court, and is to be commissioned accord- 
ingly. 

The Governo'" gau acco^ that the Generall Court in January 
last fayleing of meeting according to order, he saw a necessity 
of doeing somthing to preseru o"" standing, to send an address 
to his Ma"^'<', which could not be done but by an agent there, 
and no agent could be procured to serue us without money, 
and therefore the councill being called, with the aduice of the 
deputies present, did see cause to prepare and send an address 
to his Mat'e, and upon theire owne acco' haue raysed upwards 
of fifty pownds to send, which is sent to their agent they haue 
appoynted and impowered to serue them in England on this 
occassion, which is to be answered within one yeare with just 
interest by those who haue engaged, unless the Generall Court 
see cause to take them off: This Court haueing considered the 
premises return the Governor and gent" their hearty thankes 
for what they haue done, and doe approue of the same, and 
engage that what they haue engaged shall be payd accordingly 
by the Treasurer out of the publique treasurie, and accord- 
ingly doe order the same.* 

* The address to the king signed by Gov. Treat and Secretary Allyn, by order of 
the Council, dated January 3d, 1689, is in For. Correspondence, I. 39 a. A letter to 
James Portei", in England, of the same date, requesting him to act as agent for the 
Colony, instructions for tlie agent, and instructions to Capt. Cyprian Xicliols, are in 
For. Corresp. II 19-21. Mr. Porter replies, May 8th, 1690, tliat he can not act as 
agent, and suggests the employment of Sir Henry Ashurst, Mr. Mather and the other 
New England agents, id. 22, 23. 

Q 



18 PUBLIC RECORDS [April, 

That there may be no fay hire of obteyning what shall be 
necessary for the fitting out our souldiers for the defence of 
Albany and the present war, this Court recommends it to the 
select men and Assistants and coma's in the seuerall plantations 
to moue their inhabitants to lend the Colony what prouissions 
or grayn or other estate they can affoard for the carying on of 
those affayres, upon the pub : fayth of the Colony to be repayd 
affain in ten moneths, and that an acco^ be returned forthwith 
to the Governo"" or Councill what shall be so raysed. 

Whereas the present occassion of the country doe call for us 
to put ourselues in a posture of war, and there seemes to be a 
necessity that there be a Councill of War stated and setled 
amongst us for the transactions of such occassions as shall 
necessarily call for to be attended in the vacancy of the Gen- 
erall Court, this Court doe see reason to order and appoynt 
that the Governo' and Dep* Gou"", with any of the Assistants 
as he or either of them shall call together, prouided there be 
two Assistants at least, shall be a Councill for the war, hereby 
fully impowered to act and transact all such occassions and 
affayres as shall be necessary to be attended betwixt this and 
the Court of Election May next. 

[211] This Court haue upon the desire of Brandford, chose 
M"" Malbey and L^t Stent to be commission"^s for Brandforc?, 
and they were sworn accordingly. 

For the better mayntenance of the millitary watches through- 
out this Colony in times of danger, which is of so great im- 
portance, this Court doe order that all male persons whatso- 
euer, except negroes and Indians, upwards of sixteen yeares 
of age, shall serue and doe duty equally on the millitary watch, 
whoe are resident on the place where such watches are to be 
kept, and that all male persons afoarsayd, inhabiting in this 
Colony, being absent at sea or elswhere, shall, by those of their 
famaly left at home, prouide a person to watch instead of the 
absent person or persons, and also that all widowes whose 
estates in the publique list amounteth to fifty pownds shall 
each of them prouide a man to watch in their steads, and if 
there be any old or impotent men that by such disability canot 
watch, if there estates in the publique list amounteth to fifty 



1690.] OF CONNECTICUT. 19 

pownds, they shall find a man to watch in their steads, proiii- 
ded this order shall not extend to the Assistants, nor minis- 
ters, nor such impotent men as the respectiue commission 
officers of the sayd town judg uncapable of it, and who haue 
not estate of fifty pownds in the publique list, and that all de- 
fects on these millitary watches shall be punishable by the 
commission officers, or any one of them, in the same measure 
and maner as is by law prouided in the constables watches, 
and the commission officers in the exercise of their offices by 
commission are by this order freed from watching. 

This Court appoynts the commission officers in each towne 
to list and appoynt euery seuenth man in each company to be 
a flyeing army of dragoones, to be listed under the officers ap- 
poynted by this Court in each county to lead them forth against 
the enemie, if any occassion should be. Derby, Danbury, 
Woodbury, Waterbury and Simsbury, are exempted from list- 
ing of dragoones. 

And this Court orders that the townsemen shall prouide in 
each towne ten pownd of good bisket for euery dragoon that 
shall be appoynted in the seuerall plantations. 

This Court grants the wages of such as shall goe forth in the 
present war to be as followeth; each priuate souldier, nine 
shillings a weeke ; a captain, twenty hue shillings p week ; a 
leiutenant, eighteen shillings p weeke ; ensignes, fifteen shil- 
lings p week ; sarjt, twelue shillings p week; Corporalls, ten 
shillings p weeke ; trumpeter, twelue shillings p weeke. The 
souldiers to be raysed out of each town by volunteers or press 
according to proportion. The Indians that goe out in the ser- 
uice shall be allowed as the captaines shall agree with them, 
prouided they allowe not aboue twenty shilling p moneth. 

This Court haue lent three gunns to New London, of those 
that are at Saybrooke ; M'^ Chapman and John Parker to 
choose three gunns, and when they haue a fortification ready 
at N. London, and a platform to set guns on, they may choose 
three of the other gunns at Saybrook, and transport them to 
New London, who may keep them there till this present warr 
is ouer. 

This Court orders that the fortifications in each towne ap- 



20 PUBLIC RECOEDS [April, 

poynted to be made he forthwith jfinished according to the ap- 
poyntment of the authority and commission officers and select 
men in each towne, and if any person or persons shall neglect 
to doe their proportions appoynted them as before, they shall 
forfeit ten shillings for euery defect, besides what their propor- 
portion is wortli the doeing of, to be forthwith distrayned by 
the constables and improued in the makeing of the fortifica- 
tions. 

This Court orders that the charge which shall be giuen to 
the millitary watch shall be as foUoweth, v^iz : that they shall 
charge the watch m his Ma^'^s name that they faythfully attend 
the watch by walkeing or standing in such place or places 
where they may best discouer danger by the approach of an 
enemie, or by fire, which if they discouer they are to giue no- 
tice thereof by^ crying Fire, Fire, or Arme, Arme ; they are 
allso to examine all such persons as they meet with unseason- 
ably, and they arc to command them to stand twice, and the 
third time to command them to stand upon their perill, but if 
they will not stand, but oppose them or fly from them, they 
may shoot at them, but to shoot low, unless they judg him to 
be an enemie, and then they are to shoot as directly at them 
as they may, and all such persons as they finde out unseason- 
ably they are to examine them, and if they giue no good acco^ 
of their occassions they are to return them to the court of 
guarde to be secured till the morning, and then they arc to 
carry them to the next authority to be examined and dissposed 
of according to law, and they are to giue the next watch notice 
to watch the night followeing. 

Whereas the present occassions of the country doe call for us 
to put o'selues in a posture of war, and there seems to be a 
necessity that there be a councill for the war stated and setled 
amongst us for the transactions of such occasions as shall call 
for attendance in the vacancy of the Generall Court doe see 
reason to order and appoynt that the Governo'' or Deputy Gov- 
erno"" and any of the Assistants, as he or either of them shall 
call together, prouided there be two of the Assistants at least, 
shall be a councill for the war, and are hereby fully impowered 
to act and transact all such occassions and affayres as shall be 



1690.] OF CONNECTICUT. 21 

necessary to be attended betwixt this and the Court of Elec- 
tion May next. 

A Commission for o" Commissioners. 

This Court reposeing speciall confidence in the fidelity, pru- 
dence and wisedome of you A. B. and C. D. have and doe ap- 
poynt you to be their Conirs, to meet with such Com^s as shall 
be appoynted by the other Colony es and Prouinces, and doe 
meet at Rohd Island or elswhere on the last Munday of this 
[212] moneth, or any convenient time || before or after, and 
there to consult and contriue the best way and meancs to make 
and fram a designe against the French and Indians of and be- 
longing to Canada, for the attacquing that place and destroye- 
ing the same, or bringing them to obedience to the English 
crown ; and we doe impower you upon o"" acco* to engage 
that what shall justly fall to be our proportion of men and 
money, you shall agree upon with those that shall agree w^^ 
you improued upon this designe, it shall be prouided and im- 
ployed by vs and carry ed on according to our best ability, all- 
wayes prouided that necessary ammunition be procured and 
affoarded to us by the other Colonyes for o'' pay. We allso 
doe appoynt you to take speciall care that our souldiers be 
under the command of o*" own officers, whoe shall be commis- 
sionated by us, and they shall be under no other commanders 
whatsoeuer except the cheife feild officers. Finally we doe 
leaue it with you to agree and conclude of wdiatsoeuer shall 
be necessary for the frameing and carrying on a war against 
or French and Indian enemies at Canada, and shall performe 
our part thereof as we are able, allwayes prouided what charge 
shall be layd vpon vs for the manageing of the sayd war shall 
be o'' just proportion of the same according as it shall rise by 
the number of poles. 

The officers for the dragon es that are to be raysed are Jolm 
Mawdsly, captaine ; M'" Ciprian Niccols, l"t ; John Wyott, en- 
sign, for Hartford county. 

John Miles, capt" ; Siluanus Baldwin, 1"* ; Steuen Bradly, 
sen"", ensign, for New Hauen county. 

James Morgan, capt. ; Ephraim Palmer, 1"' ; Tho. Watter- 
man, ensign, for New London county. 

Mathew Sherwood, capt" ; James Judson, 1"' ; Dauid Wa- 
terbury, ensign, for Fayrefeild county. 

A Commission giuen to Captain Ehenezer Jolinson. 

This Court haueing ordered and appoynted you to be captain 
of a company that is to goe forth against the enemie, and for 



22 PUBLIC RECORDS [April, 

securety of the county and city of Albany, for his Mat'c* inter- 
est, there being sundry souldiers already/ who haue listed them- 
selues for that seruice, as we are informed, These are to ap- 
poynt you to make what hast you can to those plantations of 
the sea side, and to enforme the sayd volunteers that the Gen- 
erall Court hath appoynted you to be their Captain, and Sam- 
uel Newton to be their Liuetenant, and Auger Tomlinson to 
be their Ensigne, and that you will take care and charge of 
them to lead them out against the enemie, and that your com- 
missions shall be sent after you to the sea side speedily, that 
so you may proceed w^'^ the best expedition you may, and you 
haue liberty to rayse of Englisli to the number of sixty, of In- 
dians not aboue forty in all, which you are to rays as you may 
by volunteers, so far as you can, and the rest by press, and 
you may expect that for your encouragement you shall haue 
besides wages the benifit of what you shall obteyn of plunder, 
and all smiths in those plantations of the sea side are hereby 
required to apply themselues to mend such armes as shall be 
brought to them which are to be imployed in this expedition. 
These souldiers are to be raysed in the countyes of Newhauen 
and Fayrefeild. 



A Court op Election held at Hartford, May S'l^, 1690. 

Those to stand for nomination for election are, 
Col. Robert Treat, M^ James Bishop, M"- Samuel Willys, 
Major Nathan Gold, Major John Winthrop, M"" W'" Joanes, 
Lnt Col. John Allyn, Capt" Andrew Lcet, Capf^ James Fitch, 
Capt" Samii Mason, Capt" SarnH Tallcott, M^ John Burr, M"" 
Danii Witherle, M^ Henry Wolcot, M-" Nath. Stanly, Capt. 
John Stanly, M"" W™ Pitkin, M'' Jehu Burr, Capt. Moses Mans- 
feild, Mr Thomas Trowbridge. 

These ivere chosen. 
Rob. Treat, Esq'', Gov^. 
James Bishop, Dep* Gov. 
Assistants. 
M-- Sara" Willys, Capt. Sam^i Mason, 

Majr Nath. Goald, Capt. Sani'i Tallcott, 

Mr W'» Joanes, Capt. John Burr, 

Lnt Col. John Allyn, M^ W'" Pitkin, 

Capt. Andrew Leet, M"" Nath. Stanly, 



1690.] OF CONNECTICUT. 23 

Capt. James Fitch, M-" Danii Witherly * 

L"t Col. John Allyn, Secy, 

M'" Joseph Whiting, Treasurer. 
[213] Tlie Dejmties are, 

W Ciprian Niccols, Capt^ Caleb Stanly ; for Hartford. 
Capt" Moses Mansfeild, L^t Abram Dickerman ; for New Hauen. 
Capt. Robt Wells, L"t John Bntolph ; for Weathersfeild. 
Capt. W"! Lewes, Capt. John Stanly ; for Farmington. 
L'^t Nath. White, Ens. W^ Cheeny ; for Midleton. 
Lnt Benj. Brewster, L°t Tho: Lefiingwell; for Norwich. 
M'" Jno Moore, M"^ Return Strong ; for Windsor. 
Ephraim Minor ; for Stonington. 
Samuel Hoyte ; for Standford. 
L"t Eli: Stent, M^ W'" Maltby ; for Brandford. 
M^ Josia Rossiter, Deacon W'» Johnson ; for Guilford. 
Joshua Holcom ; for Simsbury. 
Christo : Comstock, Sam^i Smith ; for Norwalk. 
M"" John Chapman, Deacon W™ Dudley ; for Saybrook. 
Capt. Jos: Scill, Ens. Jos: Peck ; for Lyme. 
M"^ .James Auery, M'' John Morgan : for New London. 
Capt. John Beard, M"" Sam^i Buckingham ; for Milford. 
Joseph Arnol ; for Haddum. 
Lit John Stanly ; for Waterbury. 
M'" Jos: Curtice, Mr. Jos: Niccols; for Stratford. 
Mr John Wakeman ; for Fayrefeild. 

Whereas there is seuerall sumes of money due fi'om the 
country to seuerall persons in cash, that those debts may be 
payd, the Treasurer is hereby desired to take care to transport 
to the market, upon the risque and venture of the country, so 
much of the prouissions that are or shall com under his order, 
for the procureing of cash to answer the debts afoarsayd. 

Whereas Samuel Fayrebancks hath taken upon the coun- 
trys credit more then his wages comes to, this Court desires 
and impowers the Treasurer to pay it, and to endeauour to 

* Tlie last four on the list were chosen in the room of John Winthrop, not re- 
elected, Jlr. Wadsworth, deceased, (inventory dated Nov. 6th, 1689,) Mr. Newberry, 
who died Sept. 11th, and Mr. Hamlin, who died Sept. 1st, 1689. 



24 PUBLIC RECORDS [May, 

obtayn. the money due from Fayrbanckes, if he can gayn it in 
any good way. 

Wheras there hath been inconveniencies attended the select- 
men of Stoningtons denyeing the constable of sayd town there 
list of estates, whereby they haiie prevented the sayd consta- 
bles gathering the sayd rate; This Court, considering the 
premises, doe order that forthwith they, the sayd M"" Nehemia 
Palmer, M"" Thomas Stanton, M^ Moses Palmer, M"" Ephraim 
Minor, and M"" John Denison, doe return the list of that townes 
estates that was presented in Court October last, and deliuer 
it to M"" John Holand, which if they refuse, they are, by a war- 
rant sent to them for that end by the SeCy, to be sumoned to 
appeare at the Court of Assistants to answer for their contempt 
herein. 

Tliese ivere made Com" for the year ensueing. 

M"" Henry Woolcot and M"" John Moore, for Windsor; Capt. 
John Chester, for Weathersfeild ; Capt. W^" Lewes, Capt. John 
Stanly, for Farmington ; Ensigne Tho. Judd, for Waterbury ; 
for Midleton, L^t Nath. White, and M^ W™ Cheeny; for Had- 
'dum, Lfit Georg Gates ; M"" Benjamin Brewster, for Norwich 
and Preston ; for New London, Capt" James Auery, and M"^ 
Eichard Christophers ; for Lyme, M^ Mathew Griswold ; for 
Saybroke, M"" Nath. Lines, and Deacon W™ Dudley; for Ken- 
ilworth, L""^ Henry Crane ; for Brandford, Stent and M'' Malt- 
by ; for Milford, Capt" John Beard ; for Wallingford, M-" Tho. 
Yale ; for Woodbury, Capt" John Minor ; for Derby, Capt" 
Johnson ; for Stratford, M"" Joseph Hawley, Capt" W'" Cur- 
tice, M'' Jeremy Judson ; for New Hauen county, M'' Tho : 
Trowbridg ; for Fayrefeild, Mr. Jehu Bur ; for Norwalke and 
Danbury, M"" Tho. Fitch, and James Olmsteed ; for Stanford, 
Capt" Jonath. Silleck, and L"^ Jonath. Bell ; for Greenwich, 
Mr John Reinolds. 

Samuel Riggs is approued by the Court to be Ensigne of 
Derby traine band, and is to be commissioned accordingly. 

Jonathan Tracy is chosen L"t, and John Parke, Ensigne of 
Preston traine band, and are to be comissioned accordingly. 

The traine band of New Hauen being diuided into two com- 
panyes, and Capt" Moses Mansfeild and L"' Abram Dicker- 



1690.] OF CONNECTICUT. 25 

man 'doe continue in their places by former proiiission and 
commission they hane receiued, and the Court now confirmes 
Nath. Andrews, Ensigne of sayd company, under Capt. Mans- 
feikl, and [he] is to be commissioned accordingly. 

This Court doe approue of John Miles to be Captain, Daniel 
Sherman, Liuten"', and John Sackett, Ensign of a traine band 
in New Hauen, who are to be comissioned accordingly. 

This Court doe approue of John Graue, sen"", to be Capt", 
and Steuen Bradly, senr, to be Liuetenant, and Abram Fowler 
to be Ensigne of Guilford traine band, whoe are to be commis- 
sionated accordingly. 

Whereas the inhabitants of the towne of Weathersfeild, on 
the east side of Conecticot Riuer, by the consent of the inhab- 
itants of sayd towne, did petition this Court to be a township 
of themselues, on the east side of Conecticut Riuer, and may 
haue liberty to prouide a minister for themselues, which the 
towne haueing granted to their neighboures on the east side, 
this Court see reason to grant their petition, but aduise them 
to be cautious how they jmproue it, and that they sliall pay 
their full proportion to all publique charge to Weathersfeild 
till they shall haue a good orthodox minister setled amongst 
them on the east side of Conecticutt Riuer in Weathersfeild. 
[214] John Higly is allowed L^^ and Tho: Barber, Ensigne 
of Simsbury traine band, and are to be commissioned accord- 
ingly. Joseph Strickland is sworn Clerk of s'^ band. 

Mr Sam'i Willys and Major Nathan Gold are by this Court 
desired and appoyntcd to return the thankes of this Court to 
the Reuerend M"" James Perpoynt, for his great paynes in 
preaching of the election sermon before this Court, on the 8th 
day of this moneth, and Mr. Joans to desire a coppy of the 
same that it may be printed. 

John Prat is plntf by way of appeale from the Court of 
Assistants, October 15, 1699,* and John Sad, in right of his 
wife, defendant, which action was an action of the case (origin- 
ally,) for unjust possessing and detaining seuerall parcells of 

* An error in the original for 1689. There is no record of any Court of Assistants 
from October, 16S7, to May, 1690. " The wast book containing the records of the 
Court of Assistants holden at Hartford, in October, 1689, (if any Court was then held,) 
can't be found." Note by Caleb Stanly, junior. Eec. Court of A? s'.st., II. 4- 

4 



26 PUBLIC EECORDS [Maj, 

land wth houscing, together w^'^ the produci or proffit ariseing 
Ihercfroiii^ amounting to twelue pownds sixteen and nine 
pence, damag. In this action the jury find for the defnt cost 
of court. This Court, haueing considered the case depending 
between John Prat, phitf, and John Sad, in right of his wife, 
defendant, doe find that the jjlaintife shall keep possession of 
his grandfathers land, there being a full thirds of all the sayd 
lands his granfather dyed poscst of, layed out for the widow 
of his father, and tliat allso he take sufficient care to pay the 
legacies to his sisters, according to the will, and the defendant 
to pay the costs of this court onely. 

This Court by their vote ordered that one hundred and 
thirty fine English should be made up with those allready gon 
forth to goe to Albany, there to secure the place, and to take 
all advantages to destroy the enemie. It was allso ordered 
that so many Indians as shall present themselues to go forth 
in this seruice as will make up their number two hundred, 
shall be imploycd in it. 

M'' James Auery is appoynted Leiutenant of those forces to 
goe out on the Kings seruice under comand of Captain Joseph 
IPitch. 

Mf Richard Blacklcach is chosen Comissary for the army to 
be at Albany. 

Captain Caleb Stanly is chosen Comissary for the county of 
Hartford. 

M"" Richard Christophers is chosen Comissary for the county 
of New London. 

M"" John Winston, jun"", is chosen Comissary for the county 
of New Hauen. 

M"" Dan. Burr is chosen Comisary for the county of Fayre- 
feild. 

This Court upon the request of Captain Harris, of Midleton, 
doe release him from his commission of captain, and grant the 
traine band priuiledg and liberty to choose a new captain for 
the s'J company. 

Thomas Allyn is chosen and allowed captain of a trayn band 
in Windsor, and Timothy Phelps, 1»', and Joseph Griswold, 

* These words are crossed out in the record. 



1690.] OF CONNECTICUT. 27 

ensign of Windsor train band, and are to be commissionated 
accordingly. 

Jonathan Bull is allowed to be captain of a traine band in 
Hartford, and M"" Ciprian Niccols 1"* of s'^ company, and Jacob 
White, ensigne of sayd company, and are to be commissionated 
accowlingly. 

M"" Richard Williams is chosen and allowed Captain of the 
dragoones in New Hauen county, and is to be commissionated 
accordingly. 

This Court doe order and appoynt that the commisaries in 
the seuerall county es in this Colony doe take care that o"" soul- 
diers as they haue occasion to march thorough these planta- 
tions, that they be comfortably quartered, and that necessaries 
both of prouission and cloathing, be prouided/or the sayd soul- 
diers, prouided that no one souldier shall take up aboue six 
weeks in goods or merchandize upon acco^ of his wages, and 
that euery comisary shall, at least once in two moneths, send 
a true acco' of their disbursments to the seuerall and perticu- 
lar souldiers up to the Treasurer. 

[215] May 13. This Court orders that all officers and soul- 
diers that are to goe out in the expedition under command of 
Joseph Fitch shall be ready to march from Hartford on Mun- 
day com seuennight. 

This Court appoynt the Governo'", or Deputy, and Assistants 
that shall conveen together, prouided allwayes tlier be two 
Assistants, to be a Councill for the war, and to manage, act and 
transact all such necessary occasions as shall be necessary to 
be attended in the vacancy of the Generall Court till the court 
shall order otherwise. 

This Court granted John Parker an addition of fiue pownds 
to the ten pownds was formerly granted to him for his seruice 
in the forte at Saybrooke. 

Whereas this Court did formerly by their vote agree that o^ 
souldiers should be on their march to Albany on Munday 
seuennight, now hearing that o"" company that is neer lilbany, 
one of them allready is infected with the small pox, and that 
o"" souldiers are at present very unwilling to march under the 
conduct of a major appoynted by Captain Leisler, especially 



28 PUBLIC RECOEDS [May, 

seiiig it is concluded that Jacob Milborn will be the man, and 
not knowcing when the Bay soiildiers will be ready to march : 
This Court doe see cause to order that a letter be prepared and 
sent to Boston, to know the estate of their affayres there, and 
when their souldicrs will be ready to march from Westfeild, 
and allso whoe they are willing to be the major of the 7najor 
of the forces, with what els shall be necessary to acquaint them 
with o"" affayres, and that C souldiers do not moue from their 
respectiue places till we hear farther from Albany. 

This Court doe allso order that a uessell be forthwith sent 
from the sea side to Albany with prouission for the arm}^, and 
that Mr Thomas Strowbridg, M-" Josiah Niccols, M"" Joseph Cur- 
tice, and M"" Richard Blackleach, or any three of them, doe take 
care and order tiie same, and they are hereby impowred accord- 
ingly. 

This Court being informed that Abell Moore, deceased, left 
his estate nonsoluant, and that it will be necessary to sell land 
to pay the sayd just debts that are due from his estate, it 
apearing to be so, this Court doe grant and impower tlie ad- 
ministrators to make sale of so much of his lands as is neces- 
sary for the end afoarsayd. 

This Court according to aduice publiquely giuen haue seri- 
ously considered to doe what duty requires of them to lay a 
good foundation for the setlement of a pious, able ministry 
amongst vs, and to grant them suitable mayntenance, and haue 
proceeded in it, though not yet come to a full conclusion, yet 
being vmwilling such a good work should fall under their 
hands, doc desire and appoynt M"" Willys, M"" Pitkiu, Capt" 
Caleb Stanly, Capt" John Stanly, Capt" Mansfeild, and M^ 
John Moore, to consider of the bill allready prepared, and per- 
fect the same, with the best aduice they can get, and present 
the same to this Court in October next. 

This Court for the present and till farther order grant "Wa- 
terbury twelue pence a bushell for what of the country rate 
they shall transporte to Hartford or New Hauen. 

This Court orders that Watterbury brand for horses shall 
be the letter R thus made r. 

Whereas this Court in the time of New Englands calamaty, 



1690.] OP CONNECTICUT. 29 

the last Indian war, being then under the sence of the Lord's 
displeasure against vs for the sins of the land, made diners and 
sundry good and wholsome lawes for the suppression of vice, 
and incouragment of vertue, in hopes of thorow reformation 
of those God prouoakeing euills bewayled by all good men, and 
whereas the sayd Court afterwards, about the year 1684, fo*" 
the farther inforcement of those lawes did make after orders, 
directiue to all inferic officers and ministers of justice, for the 
due execution of the sayd lawes, we finding to o"^ sorow that 
instead of the reformation sincerely aymed at, vice and corup- 
tion of maners, in most places rather abound and increase 
more then euer, and fearing if the Lord in his mercy and 
soueraigne grace p''vent not, we may at length proue an incor- 
ageable people, and so a generation of his wrath, without rem- 
edy, ripened for deserued desolation, which we are now again 
seuerall wayes, obvious to all, by cruell war and sicknesse 
threatened with, doe therefore in the feare of God, one more 
not onely recommend it to all the magistrates and commis- 
sioners of the colony in thcire seuerall plantations, that all the 
sayd lawes be duely, constantly and impartially executed, but 
allso to that end doe order and enjoy ne all the selectmen, con- 
stables and grand jury men in the seuerall plantations, care- 
fully to attend the sayd orders of 1684, in a dilligent inquiry 
into and presentment of all such breaches and transgressions 
of the sayd reformation lawes and other good and wholsome 
lawes of this Colony, that so our goverment and rulers may 
be a tero"" to euill doers as in o"" first times, and the Lord may 
yet tak pleasure in us as his people ; and farther we doe 
solemnly recommend it to the ministers of of God in their 
seuerall places, by their holy labours, to farther what in them 
lyetli this great work of reformation in a due witness-bearing 
against the sins and groweing euill of the times, wherein we 
haue no reason to doubt of their forwardness in godly scale, 
and hope the Lord will be with them and us therein. 

Wlieras some of Paquanage haue petitioned this Court that 
they might haue liberty to procure a minister amongst them- 
selues and be freed from payeing to the minister of Fayrefeild ;* 

* The petition of the inhabitants of Poquannock, to which forty-six names are at- 
tached, is, with various other papers relating to that place, in Ecclesiastical, 1. 105-130. 



30 PUBLIC RECORDS [^I^aj, 

the Honc^ Major Gold and M"" Joliii Wakeman objected that 
[216 they had no notice of their applyeing themsehies || to 
this Court, and so not prouided to say what they haue to say 
in the case, and Lnt^ Bciinet not makeing it appeare that the 
inhabitants of Paquanage haue impowred him to petition in 
#heir behalfe, the Court see no reason to proceed any farther 
in the business at this time, but doe recommend it to the towne 
of Fayrefeild and the people of Paquanage to meet and loue- 
ingly discourse together about the matter, and labour to agree 
about this matter, that those of Paquanaug,.if it can be with 
any comfort with the good agreement and freindly concurrance 
of Fayrefeild, haue liberty to prouide for themsehies that they 
may be eased of their great labour and trauell, and this Court 
will be ready to grant what shall be reasonably desired from 
them to confirm or ratify what shall be mutually agreed upon. 
This Court observing that notwitlistanding the former orders 
made for the eudication of children and seruants, there are 
many persons unable to read the English tongue, and thereby 
uncapeable to read the holy word of God, or the good lawes of 
the Colony, which euill, that it grow noe farther upon theire 
Mamies subjects here, it is hereby ordered that all parents and 
masters shall cause theire respectiue children and seruants, as 
they are capeable, to be taught to read distinctly the English 
tongue, and that the grand jury men in each towne doe once 
in the year at least, vissit each famaly they susspect to neglect 
this order, and sattisfy themselues wither all chidren under 
age and seruants in such suspect famalyes can read well the 
English tongue, or be in a good procedure to learn the same 
or not, and if they finde any such children and seruants not 
taught as theire yeares are capeable of, they shall return the 
names of the parents or masters of the sayd children so un- 
taught, to the next county court, where the sayd parents or 
masters shall be fyned twenty shillings for each child or ser- 
uant whose teaching is or shall be neglected, contrary to this 
order, unless it shall appear to the sattisfaction of the court 
that the sayd neglect is not voluntary but necessitated by the 
incapacity of the parents or masters, or theire neighboures, to 
cause them to be taught as afoarsayd, or the incapacity of the 
sayd children or seruants to learne. 



1690.] OF CONNECTICUT. 31 

This Court considering the necessity and great advantage of 
good literature, doe order and appoynt that there shall be two 
free scliooles kept and mayntayned in this Colony, for the 
teaching of all such children as shall com there, after they can 
first read the psalter, to teach such reading, writeing, arithme- 
tick, the Lattin and Greek tongues, the one at Hartford, the 
other at New Hauen, the masters whereof shall be chosen by 
the magistrates and ministers of the sayd county, and shall be 
inspected and agayn displaced by them if they see cause, and 
that each of the sayd masters shall haue annually for the same 
the sum of sixty pownds in country pay, thirty pownds of it to 
be payd out [of the] country treasury, the other thirty to be 
payd in the schoole reveiiue giuen by perticuler persons, or to 
be giuen to that use, so far as it will extend,* and the rest to 
be payd by the respectiue townes of Hartford and New Hauen. 

This Court considering the necessity many parents or mas- 
ters may be under to improue their children and seruants in 
labour for a great part of the yeare, doe order that if the towne 
schooles in the seuerall townes, as disstinct from the free 
schoole, be, according to law allready established, kept up six 
moneths in each yeare to teach to read and wright the English 
tongue, the sayd townes so keeping their respectiue schooles 
six moneths in euery 3'eare shall not be presentable or fineable 
by law for not haueing a schoole according to law, notwith- 
standing any former law or order to the contrary. 

Whereas for the incouragement of husbandry and the pre- 
seruation of the fruits of the feild, sundry good lawes and 
orders haue been enacted by our Generall Court, and sundry 
sorte of officers thereby directed to be annually chosen and 
sworn, as fence veiwers, hay wards, and suruayors of the high 

* William Gibbons, of Hartford, upon Connecticut, yeoman, who died in 1655, bj' 
his last will devised about thirty acres of meadow and upland in Peny wise, in the 
town of Wethersfield, " towards the mayntenance of a lattine schoole in Hartford." 
This I presume was the first legacy for educational purposes in Connecticut. Under 
a town vote, passed Jan. 8, 1756, this land was let out on a long lease, but the nominal 
fee is still iu the Trustees of the Hartford Grammar School. John Talcott, who died 
in 1660, left a small bequest for the purpose contemplated in 5Ir. Gibbons' devise. 
The noble benefaction of Governor Hopkins, which the towns of Hartford and New 
Haven have enjoyed for more than two centuries, is more fully commemorated else- 
where than could be done in this note. 



32 PUBLIC RECOKDS [May, 

"w^aycs, notwithstanding such lawes and solemne sanctions 
[217] aded for due || performance, it is obserued there hath 
been to much neglect of due execution : This Court doe there- 
fore recommend it to the select men and grand-jury men in 
each plantation of the Colony to take due cognizance of such 
as so neglect, and make due complaynt thereof to the author- 
ity, and that euery such fence veiwer, hayward, or survayor of 
the high [way], being lawfully convicted before the authority, 
shall bo fined to pay ten shillings for euery such neglect, fine 
shillings to the towne treasury, and hue shillings to the pros- 
ecutor. 

It is ordered by this Court and the authority thereof, that 
when any defects are fownd in comon fences, the fence veiw-. 
ers shall giue the owners notice thereof to repayre the sayd 
defects, and if they shall neglect to doe the same more then 
twenty fewer houres after such notice, the fence veiwers shall, 
by thcmselues or some meet person or persons, repayre those 
defects in sayd fences, and shall by warrant from some of the 
authority leuy so much of the estate of of the owner of sayd 
fence as may answer to the charge with so much more, all 
which is to be to the fence veiwers for their labour and charge 
afoarsayd. 

The Court is adjourned till the Gouernor or Deputy Gov- 
erno'' see cause to call them againe. 



A Gexerall Court held at Hartford, October 9t'>, 1690. 
Robt. Treat, Esq^ Gov, Capt. James Fitch, 

W Samuel Willys, M^ John Burr, 

Lit Col. John Allyn, M' W™ Pitkin, 

M^ W'" Joanes, M>- Nath. Stanly, 

Capt" Andrew Leet, M"- Daniel Witherly. 

Deputies. 

Capt Cip. Niccols, Deacon Steph. Hosmor; for Hartford. 

W Henry Woolcot, M-- John Moore ; for Windsor. 

Capt. Robt. Wells, M-" John Buttolph ; for Weathersfeild. 

Capt. Nath. White, M^ John Hamlin ; for Midleton. 



1690.] 



OP CONNECTICUT, 



33 



Deacon John Hall ; for Wallingford. 

M*" Josiah Roseter, Capt. John Graue ; for Guilford. 

M-" Nehe. Smith, M"" W'" Douglass ; for New London. 

Capt. John Stanly, Ensign Tho. Heart; for Farmington. 

Capt. Eben : Johnson ; for Derby. 

Mr Tho. Clarke, Ens. Sam. Newton ; for Milford. 

Capt. John Stanton ; for Stonington. 

dbs. Lit Benj: Brewster; L^t Tho. Leffingwell; for Norwich. 

Capt. Moses Mansfeild, Capt. John Miles ; for New Hauen. 

M"" Abram Ambler ; for Standford. 

Mr John Chapman, M^ W^ Dudley ; for Saybrook. 

Mr Sam'i Hawley, M"" Ephraim Stiles ; for Stratford. 

Ens. Tho: Judd ; for Waterbury. 

Lnt Eliez. Stent, M^ John Frizby ; for Brandford. 

Capt. Joseph Scill, M^ W"" Ely ; for Lyme. 

Lnt Georg Gates ; for Hadum. 

The list of the persons and estates of the seuerall townes in 
this Colony. 

persons. II. s. dd. 

307 Hartford, 19102 00 00 



322 New Hauen, 15559 00 00 
279 Windsor, 15675 00 00 
098 Farmington, 06632 00 00 



109 Norwich, 
037 Waterbury, 
076 Wallingford, 
108 Guilford, 
093 Norwalke, 
170 Milford, 
111 Standford, 
120 Midleton, 
062 Greenwich, 
039 Derby, 



06395 00 00 
01893 00 00 
03909 00 00 
06606 00 00 
05106 00 00 
10075 00 00 
05158 00 00 
04899 00 00 
02911 00 00 
01337 00 00 



persons. II. s. dd. 

095 Saybrook, 05709 00 00 
089 Stoneington, 05162 00 00 
127 Stratford, 09029 00 00 
222 Fayrcfeild, 11198 00 00 
074 Lyme, 04266 00 00 

232 Wethersfield, 14229 00 00 
064 Brandford, 03579 00 00 
182 New London, 09109 00 00 

Kenil worth, 
059 Simsbury, 
069 Haddum, 
046 Woodbury, 



03220 00 00 
02821 00 00 
02093 00 00 



3185 



M"" John Blackleach is plntf by way of appeal from the judg- 
ment of the Court of Assistants, October 2, 1690, which action 
was an action of the case for that the sd present plntf did not 
fullfill his promise or agreement dated May 14, 1688, concern- 
ing shipping certain quantities of suger and malasses from the 
5 



34 PUBLIC RECORDS [Oct. 

West Indies for England on acco^ of sayd Jeofferies, by which 
his neglect or. faylure he hath broken or forfeited his bond of 
one thousand pownd to the damages of the abouesayd sume, 
to the damages of the abouesayd sume; in which action the 
[218] Court of Assistants fownd for the defendant || one thow- 
sand pownds of money of New England according to bond. 
In this action the Qourt find for the defendant, M'' Jeofferies, 
fine hundred fifty fiue pownds fine shillings and ten pence and 
cost of court, to be in curant money of New England, and this 
court 2 dayes attendance.* 

Whereas John Drake of Simsbury, deceased, and John Sla- 
ter, had made change of some lands which were in that towne, 
and sayd Drake deceas^ed before he gaue his dead, Slaughter 
haueing giuen his deed, this Court impowers the administra- 
trix to signe and confirm a deed of the sayd lands her husband 
exchanged with Slaughter, to him and his heires and assignes 
foreuer. 

M"" Samuel Woolcot, Benjamen Gilbert, and Sam^^ Smith, 
being complayned of for neglecting to make and perfect the 
list of their towne for the court, this Court haueing heard 
what hath been objected against [them] and their returnes, 
doe find that they are guilty of breach of law therein, and 
therefore doe adjudge them to pay a fine of forty shillings a 
peice to the publique Treasury for the same forthwith.! 

And whereas sayd Benjamen Gilbert hath opposed the con- 
stable, tore his neckcloath and abused him, and put him to 
charge to watch and guard him, this Court doe order that he 
be sent to prison, there to be continued during the pleasure 
of the Court. 

And Samuel Smith, for his denyeing the gouerment and 
sediciously speaking it in the face of the Court, is adjiidged to 
giue in forty pownd for his good behauio'', or be secured till 
he doth the same, and that he the sayd Gilbert pay to the con- 
stable, for his cost and charges in bringing of him to the Court, 
and those that tended him, fifteen shillings. 

* In the margin. " This judgtnt is discharged by a bond bearing date Novbr the 
nth 1690. Recorded in the Publick Records, Book Numb. D. fol. 210." 

t In the margin. Ens. Sandford paves for M"" Woolcot, 40 s. and for Benj. Gilbert, 
forty shillings. 



1690,] OF CONNECTICUT. 35 

This Court doe appoynt Ensigne John Chester, Quarter 
Master Bowman, Sarg' Sam'i Hale, with Nathaniel Foot, to 
make and perfect the list of the estate of the towne of Weath- 
ersfeild, and to present the same to the Court Wednesday next, 
or to the Secretary ; and such as shall neglect or refuse to giue 
in their lists, they are to gaine the best knowledg of their 
estates they can, their lands by the records and their stocks 
by their veiw or neighboures, and to rate them according to 
custome. 

M"" Israel Curtice is by this Court confirmed L"', and M"" 
Stiles, ensign of Woodbury traine band, and are to be com- 
missionated accordingly. 

M"" W"' Maltby is confirmed Ensigne of Brandford train 
band, and is to be commissionated accordingly. 

Captain White is confirmed Capt" of Midleton traine band, 
and is to be commissionated accordingly ; and by reason of 
some disgust or various apprehensions about the choys of a 
leiutenant, this Court grant them liberty to goe to a new 
choyse of a 1"'^ wherein all freedom is to be attended. 

Nath. Foote, as attourney to James Wakely of Rhode Island, 
weauo'', by way of appeale from the judgment of the Court of 
Assistants, held at Hartford, May 27, 1690, which action was 
a plea of the case sur trouer and conuersion, for that he the 
sayd Stanly, on the 6^1' of Sept"", in the SS^-h year of the reigne 
of 0'' soueraign lord Charles the 2^^, late King of England, &c. 
did take into his hands and custody a certain sume of money 
with other goods and chattells, to the value of 1011. 19s. 4:d. 
specifyed in an inventory exhibited by the sayd Nathaniel 
Standly to the County Court held at Hartford, Sept'' 6, afoar- 
sayd, under the name of an inventory of the estate of Alice 
Wakely, deceassed, which sume of money and other goods and 
chattells afoarsayd were the proper goods and personall estate 
of ,him the sayd James, which goods the sayd Nath. Stanly 
hath refused to deliuer or the value of them to him the sayd 
James Wakely or his attourney, to the value of 146/. In 
which action the jury fownd that if the deed of gift from 
AVakely to his wife be good in law, then they find for the pres- 
ent plntf one hundred and ten pownd and cost of court. The 



36 PUBLIC RECORDS [Oct. 

Court haueing considered the case doe declare the deed good 
and grant judgment according to the verdict. This Court, 
haueing heard and considered the case with the please and 
euidences belonging thereto, doe find for the present plntf 
[219] ninety pownds and cost of court, || three dayes attend- 
ance, six shillings. This Court appoynts Deacon Hosmor, M'' 
Nath. Borman, and Thomas Bunco, to apprize what estate 
shall be payd upon the afoarsayd judgment, they or any two 
of them agreeing, to set the price upon it. 

This Court doe grant M"" Isack Hall for his seruice w^^ the 
souldiers as their chyrurgion, the sume of thirty pownds, and 
for his sons seruice ten shillings p week the time he was in it, 
and forty shillings to clear his charges in the house. 

This Court grants M"" Chancy twenty shillings p week for 
being chaplin to the army the time he was out. 

This Court grant to Euen Dauy ten pownd for his keeping 
of prison from his enterance to May next. 

This Court doe allow James Westwood for his attending 
Sam'i Williams, who was sick of the small pox, two shillings 
a day and his dyet, twenty six dayes, fifty two shillings, and 
for his washing his cloathes and clearing the house, fower 
shillings. 

This Court being presented with a bill of twenty eight 
pownds thirteen shillings, which by some who say they were 
arbitrators, haue awarded Capt" Fitch to pay unto Ebat Eyder, 
and the sayd Capf^ Fitch haueing charged the bill upon Com- 
missary Blackleach, the Court haueing considered the same 
doe see no reason to concern themselues in the payment of the 
sayd bill, but leaue it with the persons that haue done the 
damage to answer for it. 

Capt. Jonathan Bull presenting to this Court that seuerall 
constables in the plantations, as Greenwich, Standford, Nor- 
walke, Farmington, Waterbury, Simsbury and Windsor, haue 
not payd their rates according to their order, by reason of 
which seuerall officers and souldiers that were imployed in 
their Ma^'^s seruice for the defence of the country, remayne 
unpayd ; this Court doe order that all the s'' constables or other 
officers that haue moneys in theire hands that belong to S*" 



* 



1690,] OP CONNECTICUT. 37 

Edmund Androsse, late Governo'", doe gather their sayd sums 
and giue acco' to of Treasurer what the sayd sumes are that 
are due from them ; by the last of January next, this to be 
done. 

This Court doe order that when the Generall Court, or 
Court of Assistants, or County Court, haue passed judgment 
upon any bill, or bond, and judgment is entered in sayd court, 
and no appeales or reveiw is granted, the clerk or secretly of 
the sayd court shall endorce upon the sayd bill or bond these 
words : Judgment is granted and entered upon this bond or 
bill in such a court and time. 

This Court granted a rate of fower pence upon the pound 
upon all the rateable estate in the Colony, in the same specia 
and price as the rate granted October last, saue onely there is 
liberty to pay a fowerth parte in beife, at forty shillings p barell, 
well repact ; and whereas some poore men are incapacited to 
pay their rates in wheat, it is left with the constables to take it 
in Indian corne of such, at the price of two shillings six pence 
p bushell, to defray country charge. 

This Court haueing heard M"" Richard Edwards' petition, 
and his pleas for a diuorce from his wife Elizabeth, and con- 
sidered the same, doe declare they doe not find reason to grant 
his petition. 

Whereas this Court hath considered the present necessity of 
the Colony to be supplyed with some ammunition, they doe 
order that the wheat, Indian corne and porck, that was sent 
from Hartford to New Haven, be imployed and dissposed for 
the procureing of ammunition, and it is left with the Governo"' 
and gent" in New Hauen to imploy some suitable person or 
persons to disspose of the sayd prouission in the best way they 
can, and to procure ammunition for the same ; and they are to 
diuide the sayd powder according to the list of estates, to the 
seuerall countyes, and send the same to the county townes to 
diuide it among the townes in their county, by proportion, 
according to their estate. 

Capti James Fitch, M"- W"i Pitkin, M"" John Bur, or M"- 
Joseph Bastard, and Capt. Moses Mansfeild, were chosen to 
audite the countries acco' w'^ the Treasurer, they or any three 
of them. 



38 PUBLIC RECORDS [Oct. 

The Court granted the troopers for their seriiice as follow- 
eth : eiiery priuatc trooper, two shillings and six pence p day ; 
captaines, fower shillings p day; a 1"% three shillings six pence 
p day ; a cornet and quartermaster, three shillings p day ; 
trumpeters, two shillings nine pence ; and corporalls, two 
shillings and nine pence p day. 

Whereas Kenilworth hath neglected to present there list to 
this Court according to order, this Court doe order and ap- 
poynt that L"' Henry Crane and John Griswold and Samuel 
Bucll, or any two of them, forthwith take a list of their per- 
sons and estates, according to law, and the same to send up 
to the Secretary, of which you may not fayle to doe in the 
space of a moneth, and if any refuse or neglect to giue in their 
lists, they are to use their best endeauoures to come at theire 
lists what it is, and to perfect the same by their best discresion. 

This Court doe apoynt Major Gold, M'" John Bur, M"" Joseph 
Bastard, Capt. Ebenez. Johnson, to be a comittee to examine 
and audit Comisary Blackleach his accompts with the coun- 
try, the best way and as soon as may be, they or any 3 of them. 
[220] This Court haueing heard and considered a narratiue 
from the Hon'^'e Major Generall John Winthrop, of his pro- 
ceedings with the army from Albany towards Canida,* against 
the French and their adherents, and the reasons of his pro- 
ceeding- noe farther then the Houtkill or Wooden Creek, in 
that designe, with the euidences confirming the sayd naratiue, 
doe declare that theire sence of the sayd Major Generalls man- 
agement of the sayd affayre is that his conduct therein hath 
been with good fidellity to their Ma^''^^ interest, and that his 
confinement at Albany on the acco*^ thereof deserues a timely 
vindication, as being very injurious and dishonourable to him- 
selfe and the Colonyes of New England, at whose instance he 
undertook that difficult seruice ; and this Court doe order the 
Hono'''^ Capt. James Fitch and Capt. Daniell Witherell, in the 
name of this Court, to return his Honour the thankes of this 
Court, for his good seruice to their Ma'ies and this Colony, 
and to assure him that on all seasonable occassions they will be 

* Major General Winthrop's Joui-nal of his march from Albany towards Canada, is 
printed in Documents relat. to the Col. Hist, of New York, IV, 193. 



1690.] OP CONNECTICUT. 89 

ready to manifest their good resentments of his fidelity, valour, 
and prudence, allready manifested, and help farther promised, 
if occasion require. Allso this Court order that the Treasurer 
shall pay to the Major Generall Winthrop the sume of forty 
pownds for his good seruice done in the expedition afoars^i, 
which this Court desires his Hon"" will accept as a farther testi- 
mony of their good acceptance of and thankfullness for his 
good seruice. 

The Court by their vote granted one hundred pownds to the 
Gov for his salery for this present year, and to the Dep* Gov 
twenty pownds, and to M^ Joanes, fifteen pownds. To the 
Secreti'y, twenty fine pownds. To the Treasurer, thirty pownds. 
To the Marshall, fifteen pownds. 

Whereas complaint hath been made to this Court [by] the 
deputies of New London on behalfe of that towne, and the 
same confirmed by the information and testimony of the Hon- 
ored Capt" Fitch and M"" Wetherell, that one John Leuin, of 
New London, deceased, haueing made his last will and testa- 
ment, and therein named and appoynted Alice Leuen, the 
widow and relict. Major Generall John Winthrop and Edward 
Palmes, executors, in which will a considerable legacy of about 
40Z. p annum value is giuen and bequeathed by the sayd tes- 
tate', for the use of the ministry of sayd towne, but the sayd 
Palmes, contrary to law and justice, detaines the sayd will, 
and refuses to exhibit the same for probate, and that allthough 
ordered to produce the same to the County Court of s^^ New 
London, alledging against the present goverment as no legall 
gouerment, all which haueing a manifast tendency not onely 
to defrawd the sayd towne of their just right but allso to sub- 
vert the goverment, and against their Mamies peace and weale 
of his good subjects in this Colony, which things are farther 
represented in and by a petition from the relict of sayd de- 
ceassed. This Court doe therefore order the Marshall of the 
Colony, or his deputy, forthwith after the session of this Court, 
to repayre to New London, and by vertue hereof in theire 
Mat'es name to require the sayd Major Palmes to exhibit the 
sayd will unto the sayd New London County Court, or dark 
thereof, for setlement of the estate of sayd Leuin accordingly, 



40 PUBLIC RECORDS [Oct. 

or otlicrwisG that the sayd Major Palmes giue sufficient seciirety 
to appeare at the next session of this Court, to answer the 
. premises and his contempt of their Ma^''^^ authority and the 
goverment, and if he refuse so to doe, to secure his person for 
a farther tryall at tlie next Generall Court.* 

Whereas many persons of this Colony doe for their necessary 
use purchase negroe seruants, and often times the sayd ser- 
uants run away to the great wronge, damage and disapoynt- 
ment of their masters and owners, for prevention of which for 
[221] the future, as much as || may be, it is ordered by this 
Court that whateuer negroe or negroes shall hereafter, at any 
time, bo fownd wandring out of the towne bownds or place to 
which they doe belong, without a ticket or pass from the au- 
thority, or their masters or owners, shall be stopt and secured 
by any of the inhabitants, or such as shall meet with them, and 
brought before the next authority to be examined and returned 
to their owners, who shall sattisfy for the charge if any be ; and 
all ferrymen within this Colony are hereby required not to 
suffer any negroe without such certificate, to pass ouer their 
ferry by assisting them therein, upon the penalty of twenty 
shillings, to be payd as a fine to the county treasury, and to be 
leuyed upon theire estates for non-payment in way of distresse 
by warrant from any one Assistant or Com"". This order to be 
obserued as to vagrant and susspected persons fownd wandring 
from town to town, haueing no passes ; such to be seized for 
examination and farther disspose by the authority ; and if any 
negroes are free and for themselues, trauelling without such 
ticket or certificate, they to bear the charge themselues of their 
takeing up. 

This Court by their voate granted to Capt. James Fitch that 
his former grant of 1000 acres of land shall be 1500 acres, to 
be taken up together, and lyeing beyound New Roxbury, neer 
the northeast corner of the Colony line, prouided it prejudice 
noe plantation or former grant of this Court. 

* Papei's relative to the long controversy which ensued about Mr. Liveen's will are 
in Miscellaneous, I, 93-147, see Miss Caulkins' History of New London, p. .222. 



1690.] OF CONNECTICUT. 41 

[The following orders were omitted from the Colony Record, but appear with the 
other acts of this session in the Windsor MS.] 

Ordered that two shillings p week shall be allowed for every 
horse that hath been out and improved for the army's use, and 
no more. 

Ordered that four pounds a horse be allowed for every horse 
providentially lost in the service, but if lost through the defect 
of any person, or fraudulently disposed, such person to be re- 
sponsible. 

That arms providentially lost in the service, the owners to 
be paid out of the country treasury, according to the just value 
made to appear, but arms lost by any soldier's default, or sold 
or embezzled, such person or persons faulty, to be responsible. 

That every soldier or soldiers deserting the army without 
leave, or flying from the colours, shall lose and forfeit the full 
half of their wages from their first listing ; and if a servant, 
then to make reparation to his sayd master by longer and far- 
ther service. 

That such soldiers as fly from their colors, and so from the 
service, such to answer for his delinquencie at the county 
courts, and so likewise such as being duly pressed, make their 
escape and abscond themselves, which orders are for the late 
expedition. 

Ordered that soldiers in all plantations bring their arms and 
ammunition to meeting on Sabbath days and days of publique 
worship, when and as often as the county major or chief mili- 
tary officers in any town shall appoint, upon the penalty of five 
shillings, to be paid to the town treasury, by every soldier 
convict of neglect hereof before authority, to be levied by dis- 
tress upon their estate. 

Ordered that the dragoons in the several counties of this 
Colony be disbanded and returned to their former foot com- 
panies, and that this order be published in all the towns. 



A Court op Election held at Hartford, Mat 14, 1691. 

Those to stand for the nomination for election are^ 
Col. Robt Treat, M^ James Bishop, Mr Sam : Willys, Major 
Nathan Gold, Major John Winthrop, M>- W^ Joanes, L"* Col. 
John Allyn, Capt. Andrew Leet, Capt. James Fitch, Capt. 
Sam^i Mason, Capt. Sam" Tallcot, M^ John Burr, M^ Daniel 
Witherell, M^ Henry Woolcot, Ens. Natli. Stanly, Capt. John 




42 PUBLIC RECOEDS [May, 

Stanly, M^ W™ Pitkin, M"- Jehu Burr, Capt. Moses Mansfeild, 
Mr Thomas Trowbridge. 

These tvere chosen. 

Robert Treat, Esq"^, Groverno"". 

James Bishop, Hep* Governo^ 

Assistants. 
Mr Samuel Willys, Capt. Samii Mason, 

Major Nathan Gold, Capt. Sam^' Tallcot, 

]\jr y^m Joanes, Capt. Dan'' Witherell, 

L^t Col. John Allyn, Capt. John Burr, 

Capt" Andrew Leet, M^ W'" Pitkin, 

Capt. James Fitch, Ens. Nath: Stanly, 

L"' Col. John Allyn, Secret y. 

Mj Joseph Whiting, Treasurer. 

The Beptities are, 
Capt. Cipr: Niccols, Deacon Stephen Hosmore, for Hartford. 
Capt. Moses Mansfeild, Capt. John Miles, for N. Hauen. 
Capt. Robt. Wells, L^t John Buttolp/i, for Weathersfeild. 
L°t Nath. White, M"" John Hamlin, for Midleton. 
Capt. John Stanly, Deac. Tho. Bull, for Farmington. 
Sarjt Jno piatt, M"" Edw. Messenger, for Norwalk. 
abs. L^t Jona. Bell ; M"" Abram Ambler, for Standford. 
Lnt Henry Crane, for Kenilworth.. 
Deacon W'" Johnson, Capt. John Graue, for Guilford. 
M>- W'" Maltby, L^t Eli. Stint, for Brandford. 
M"" George Gates, M' JosepA Arnol, for Hadum. 
Ensign Stephen Buret, M^ Joseph Curtice, for Stratford. 
M^f Henry Woolcot, M"" John Moore, for Windsor. 
John Mead, for Greenwich. 

Lnt Tho. Leffingwell, Sarj* Rich'^ Bushnell, for Norwich. 
Capt. Ebene. Jonson, for Derby. 
L°t Israel Curtice, for Woodbury. 
ahs. Nehemy Palmor, for Stonington. 
Deacon John Hall, for Wallingford. 
Ensigne Thomas Jud, for Waterbury. 
Lnt John Higley, M'' John Case, for Simsbury. 
ahs. Capt. Josep/i Scill; L^t Abram Brunson, for Lyme. 



1691.] OF CONNECTICUT. 43 

M"" Jehu Burr, M^ Sam'i Warde, for Fayrefeild. 
Deacon W'" Dudly, Ens. John Pratt, for Saybrook. 
Mr Richard Christopher, M"" W'" Duglass, for N. London. 
M"" Tho. Clark, M"" Sami' Buckingham, for Milford. 

The Court appoynted these for Commissioners in the seuerall 
plantations : M^" Henry Woolcot^ M"" John Moore, for Windsor ; 
Lnt John Higley, for Simsbury; Capt. John Stanly, for Farm- 
ington; Ens. Thomas Judd, for Waterbury; Capt. John Ches- 
ter, for Weathersfeild ; Capt. Nath. White, Ens. W™ Cheny, 
M"^ John Hamlin, for Midleton; M"" John Birchwood, for Nor- 
wich ; Mr Georg Gates, for Haddum ; M^ Benj : Brewster, for 
Norwich and Preston ; M"" Rich^ Christopher and Capt. Auery, 
for N. London; M"" Mathew Griswold, for Lyme; M^ W™ 
Dudly and M^ Nath. Lines, for Saybrooke ; L"* Henry Crane, 
for Kellingworth ; M^ W^ Maltby and L^t Eben: Stint, for 
Branford; M-" Tho. Trowbridge, for N. Hauen County; M^ 
Tho. Clark, M^" Alexander Bryant, for Milford ; Capt. John 
Minor and L^t Israel Curtice, for Woodbury ; Capt" W™ Cur- 
tice, Mr Jeremy Judson and M^ Joseph Curtice, for Stratford ; 
Mr Jehu Bur, for Fayrefeild ; Capt. Tho. Fitch and L"* James 
Olmsteed, for Norwalke ; James Bebee, for Danbury ; Capt" 
Jonath. Silleck, L^t Jona. Bell, for Standford; Mr John 
Reinolds, for Gree[nwich.] 

[222] Mr Jehu Burr is to administer the Comissioners oath 
to those of Stratford, Norwake, Standford, Norwalke, Stand- 
ford and Greenwich. Ens. Judd to administer the oath to 
Capt. John Minore, and Capt. James Fitch to administer the 
oath to Mr Brewster and Mr Birchwood. Mr Christopher to 
administer the oath of a Comr : to Capt. James Auery. L"<^ 
Crane to administer the oath to Mr Mathew Griswold, and Mr 
Dudly and M"" Lines for Saybrooke. 

The Generall Court takeing notice of the great scarcity of 
salt, by reason of the warrs and troubles abroad, whereby the 
importation thereof as well as other forreign comodities hath 
been of late very difficult and dangerous, to the great discour- 
agement of nauigation, and thereby not attayneable but at ex- 
cessiue rates, to the great damage of the people, besides other 
inconveniences through the want of that comodity, doe there- 



44 PUBLIC RECORDS [May 

fore, for future benifit of the Colony, order and declare, that 
if any person or persons, haueing the arte and experienced in 
the making of salt in any of the useall wayes of doeing it in 
other parts of the world, and being of estate and stock suffi- 
cient, will undertake the same in such wayes as for quantity 
in goodnesse for use may tend towards the supply of the pub- 
lique at such reasonable price as they can affoarde the same, 
the Court, for the incoragem* of such person or persons, doe 
order and appoynt a patent to be giuen for tenn yeares to com 
by the Governo"" under the scale of the Colony, for the setting 
up of salt-workes, makeing of ponds, or other requisits, in 
some most convenient place or places for salt-water, and with 
restrictions that none els in this Colony shall be allowed to set 
up salt makeing to sell, upon the penalty of the forfeiting of 
the salt so made, and such other fine or forfeitures the author- 
ity upon prosecution at law shall reasonably order ; prouided 
that this act and order of Court shall not abridge any perticu- 
lar persons from makeing small quantities of salt for their 
famalies use. 

James Olmsteed was chosen Captain, and John Olmsteed 
Leiutenant, and John Belding Ensign of Norwalk traine band, 
and are to be commissioned accordingly. 

Vpon the request of Capt'i Ebenezer Johnson, this Court 
grants him liberty to purchass of the Indians about one acre 
and halfe of the land was set out to them by the towne of Mil- 
ford, it being unsuitable for the Indians and very aduantagious 
to the sayd Johnson to set his fence upon it, allso haueing 
some meadow in it. This Court grants s^ Capt" Johnson his 
request. 

M"" Nath. Foot moueing this Court that the Marshall might be 
put upon it to finish the execution he receiued against M^" Nath. 
Stanly's estate, for to for to answer a judgment he obteyned 
against him as he was attourney to James Wakely of Proui- 
dence, October last: This Court grants his request, and ap- 
poynt the Marshall speedily to issue the same, and to deliuer 
the estate to Nath. Foot as administrator to the estate of sayd 
James Wakely according to judgment. 

There appearing great difficulty and dissturbance in the 



1691.] OF CONNECTICUT, 45 

spirits of the good people of Wallingford in the uarious appre- 
hensions and actions about the choyse of mihtary officers, and 
their being but Htle majority in the choyse and dissatisfactions 
growing upon tlie same, tliis Court doe therefore see good rea- 
son not to confirm the choyse, and order that L^t Merriman 
and Ensign Yale shall continue to be the comission officers of 
the traine band of Wallingford as formerly, untill this Court 
shall order otherwise, or the Governo''. 

Francis Whitmore is chosen and appoynted L"* of Midleton 
train band, and is to be commissioned accordingly. 

This Court findeing upon the presentation of Saybrook 
choyse -Some difficulty in the matter of his establishment and 
therefore deferd it, and at the present what stood in the way 
formerly being not yet remoued out of the way, that ther may 
be no difficulty in their millitary affaires there, this Court doe 
order that till there be a farther setlement by this Court the 
Ln' and Ensigne of Saybrook there formerly established and 
commissionated, doe take care to exercise and discipline their 
company according to law. 

Capt. Bull haueing moued this Court to declare the stated 
bownds of the traine bands in Hartford, doe order that the 
Litle Riuer in Hartford, comonly called the Mill Riuer, on the 
west side of Conecticutt Riuer, shall be the bounds, and Hoc- 
canum, on the east side of Conecticutt Riuer, shall be the 
bownds, and those that Hue of the sowth side of those riuers 
shall belong to the train band of the sowth side, and those that 
Hue of the north side are to be of the company of the north 
side, and so it is to be understood from the date of Capt. Bull's 
commission. 

This Court haueing reced a coppy of a record made to Isack 
Lane of a percell of land by Francis Joanes, tho: no deed ap- 
peares, the sayd land lyeing in Midleton : This Court approues 
[223] of the s'' record, and that the sayd land shall || belong 
to the sayd Lane and his heirs and assignes, and the sayd debt 
due to Isack Lane from the estate of sayd Joanes shall be re- 
mitted to the sayd Joanes, and the ouerpluss to be returned 
to the administrator. 

M"" Peck and Isack Brunson, in the behalfe of the people of 



46 PUBLIC RECORDS [May, 

Waterbury, petitioning this Court that they might haue the 
hberty and fauour of this Court to enter into church fellow- 
ship and to gather a church in that place : This Court doe 
freely grant them theire request, and shall freely encourage 
them in their beginings, and desire the Lord to giue them good 
success therein, they proceeding according to rule therein. 

Upon the humble address of Hanah Moore of New London 
to this Court, informing that John Wheeler and Samuel Foz- 
dick, formerly administrators to the estate of Abell More, de- 
ceassed, haue had the administration taken from [them] by the 
court of New London, and the sayd Hanna More haueing taken 
up the power of administration : This Court grant unto the 
sayd Hanna full power to disspose of the lands by sale for the 
payment of just debts, she takeing the best aduice she can for 
the selling of them to the best aduantage of the sattisfying the 
debts. 

Upon the complaint of Samuel Hall that his brother Isack 
Hall of Fairefeild hath deseized him of certain lands in the 
townshipe of Fayrefeild and holds him out of them and their 
appurtenances, and petitioning for right to be done him there- 
in, and this Court being informed that all means used in the 
comon law for the sayd "Samuel Hall his peaceable holding 
sayd lands haue been rendered ineffectuall by Isack Hall's 
forcible enterics and deseisins, and that many violences and 
threatenings of an high nature haue been used by sayd Isack 
Hall against sayd petitioner, whereby it is grown tumultuos 
and requires speciall order for the issueing the same : This 
Court doe therfore order and comissionate the next Court of 
Assistants to haue the whole hearing and decission of the sayd 
case, and that the secrefy send a summons to sayd Isack Hall 
there to appeare and answer what complaints the sayd Samuel 
Hall shall therein exhibit against him, and the sayd sumons 
being read to him or an attested coppy of it left at his house, 
the case shall proceed, and according to the judgment of that 
Court of Assistants execution to be without delay issued out 
and serued. 

Vpon the petition of those of Paquanag, this Court doe sus- 
pend the matter of difference about a ministry at Paquanage 



1691.] OF CONNECTICUT. 47 

for farther consideration and issue to next October Court, and 
recommend it to both parties to endeauour a loueing agree- 
ment among themsehies, if it may be, with the best aduice, 
iviili the best aduice they can come at in the mean time. 

This Court confirme John Stanly Capt^ of Farmington 
traine band, and order that he be comissionated accordingly, 
and for the present they doe not see reason to confirm tlie 
Leiutenant. 

This Court haueing receiued a return from Capt" Sam^ 
Tallcot, Mr Nath. Stanly, and Capt" Cip. Nicolls, of what they 
had done as to the setleing of the comon fence in Simsbury, 
this Court doe approue of the same and doe accordingly con- 
firme the same. 

The Governo"" haueing informed what the Councill had done 
in afforeding of releife to the upper plantations in the winter 
upon the request of the Generall Court of Massachusets, in 
sending up souldiers to guard Deerfeild, this Court approues 
of the sanie and order that it be brought into the publique 
charge to be payd out of the Treasury. 

Upon the petition of sundry of the inhabitants of Paquanack 
that they might haue liberty to procure and mayntaine the 
ministry in the sayd Paquanag, this Court grant them liberty 
to procure and setle an orthodox ministry amongst them if 
they find themselues able so to doe, and prouided that those 
of Paquanage that doe belong to Fayrefeild township shall 
paye their just proportion of rate towards the mayntenance 
of the ministry in Fayrefeild till they can obtayne freedome 
from the towne of Fayrefeild or from this Court. 

This Court impowers the widow of Roger Newton, whoe is 
administrator to his estate, to grant Joseph Ashborn a deed of 
sale, to confirm to him and his heirs for euer seuen acres of 
land her husband sold to sayd Ashborne. 

Whereas Robt. Seely is deceassed and left his estate much 
incumbred with debts, this Court being requested to grant 
liberty to the administrators to make sale of some land for the 
payement of just debts, and being informed that the personall 
estate of sayd Seely will not be necr enough to sattisfy his 
creditors, doe order that when necessarys be layd out to the 



48 PUBLIC RECORDS [May, 

widdow for her necessary supply of utensels for her necessary 
use, and her thirds of the reall estate be layd out to her, the 
administrators may and hereby are impowered to make sale 
of the rest of the lands of sayd Rob* Seely for the payment of 
his just debts, so far as there shall be occasion for it. 

It is ordered by this Court, that where the traine band in 
any towne in this Colony is or shall be diuided into two com- 
pany es, the same shall be done in as near an equality for num- 
ber as may, excepting where any company or companies are 
allready setled by agreement and order of Court; and the 
afoarsayd setlement and distribution is to be made by the 
comission ofiicers, where all the souldiers concerned are to 
yeild obedience. 

This Court haueing ' considered the petition of M"" Joseph 
Tallcot with the pleas and arguments he hath presented, doe 
order that the sayd M^ Joseph Tallcot, eldest son of L"' Col. 
John Tallcott deceassed, haue a double portion of the whole 
^tate both personall and reall of his hono'''^ father, and what 
is wanting in moueable estate be made up to him in land and 
[224] meadowes, such as he shall choose, and the former || per- 
sons appoynted to distribute the reall estate to the children 
are to finish this allso.* 

This Court for the securety of the town of New London and 
his Mat'f^s subjects there, it being a place of danger if any for- 
reigne enemie should endeauoure to attack them, this Court 
for the encouragement of the good people there in goeing on 
with their fortifications there, this Court grants them thirty 
pownds out of the publique treasury, to be improued by M'' 
Witherly and M^" Christophers in that worke, whoe are to 
make return to this Court how they disspose of it. 

This Court, considering M^s Leuins petition, see no cause to 

* Lt. Col. Talcott died intestate July 23, 1688. Administration on his estate was 
granted to his brother, Capt. Samuel Talcott, and his son-in-law, Lt. Joseph Wads- 
worth, by Sir Edmund Andross. After the restoration of the Colonial government 
the latter, though opposed by his co-executor, presented an inventory of the real as 
well as of the personal estate to the County Court. Joseph Talcott, as the eldest son 
and heir at common law, claimed all the real estate, but the Court of Assistants, May, 
1690, to which the County Court had referred the matter, gave him only a double 
portion. Rec. Co. of Assist. II, 6. Joseph Talcott's petition and pleas are in Private 
Controv. IV, 47, 48. 



1691.] OF CONNECTICUT. 49 

disaproue New London Courts proceedings for probate of the 
will and setlement of the estate of M"" John Leuins deceassed, 
and leaue the legatees and creditors or any concerned to sue 
forth there rights at comon law. 

This Court doe remitt to John Butlar, late constable of 
Brandford, deceassed, twenty fower shillings that yet remaynes 
from him. 

This Court considering the present state of affayres in the 
Christian world, and being sencible that the holy hand of God 
is lifted up against us still in many respects, both by the con- 
tinuance of sickness and many deaths in some of our cheife 
plantations, and seuerall other wayes, together with the unre- 
formedness that is found amongst us notwithstanding the 
mai^y endeauoures haue been used to promoate a tliorow 
reformation, doe order and appoynt that the 2^ Thursday in 
June next be solemnly kept a day of publique humiliation and 
prayer throughout this Colony, and abstinance from all seruill 
laboure, to humble o"" soules before the Lord for all our many 
prouocations, whereby we haue prouoaked him to continue his 
judgments upon us and to afflict vs more and more, and allso 
to seek his face and fauour in Jesus Clirist, that he would be 
graciously pleased to powre forth a spirit of repentence and 
reformation upon us, humble us under his mighty hand, fitt 
and prepare us for mercy, and return and be gracious to vs, 
.and remoue his judgments from us, and lengthen out our 
peace and tranquility, and bless us with the continuance of o"^ 
liberties and pruieledges both sciuill and sacred, and in the 
fruits of the feild and trees, and continue o"" comforts to us and 
saue us in this day of ti'ouble, as allso to implore the fauoure 
of the Lord and his blessing for their Ma^'es^ that God would 
preserue and prosper them in all their counsells and under- 
takeings for the setlement of peace and true religion throwout 
their dominions, and grant them good successe in their de- 
signes against all those that are tlieire enemies, and disturbers 
of the peace and progress of the kingdom of Christ and pure 
religion. 

This Court doe impower M'- John Mosse of Wallingford to 
be the Commissioner for Wallingford for the yeare ensueing. 
7 



50 PUBLIC RECORDS [May, 

Whereas this Court in their order May last ordered fence 
veiwers upon neglect of the owners repayreing theire fences to 
repayre the same for double pay, doe now ad to their former 
order, that if any shall neglect to make or set up their fence, 
it being set out to them by the selectmen, upon faylure of 
makeing the fence the fence-veiwers shall allso erect and set 
up such fence and shall be allowed double pay for the same, 
to be recouered by warrant from authority according to the 
afoarsayd order May last. 

Mr Jehu Burr presenting to this Court a bill for the altera- 
tion of their order made May last in refference to schooles, 
which was read twice in Court, the. Court by their voate haue- 
ing considered the same did not see reason to make any alter- 
ation of the foresayd law.* 

W'n Man haueing petitioned this Court that they would 
please to grant their confirmation of what the county court 
did as to the setlement of Thomas Burnams last will and tes- 
tament, the Court, haueing considered the same with the tes- 
temonies belonging thereto, doe see good reason to rattify and 
allowe the setlement of that estate of Tliomas Burnam, except 
the will appeare, which was done June 26, 1690. W"' Man 
voluntarily allso appeared in court and engaged himselfe, his 
heires, executors [and] administrators, to pay unto John Bur- 
nam, his heires, executors or administrators, the sume of thirty 
pownds, in currant pay of the country, within six moneths 
after he shall come to peaceable posession of that legacy his 
lather gaue Rebeckah, his now wife, by sayd will. 

* Mr. Burr's proposition or bill about a school is in College and Schools, 1, 7, as fol- 
lows : Whereas by an Act of y° Court in May, 1690, two gi-ammer schooles were stated 
and appointed, y" one at Hartford and y^ other at New Haven, and 6QU a year allowed 
to be paid to y" maintenance of each of y° s'^ schooles: and y' 30 of y^ s"* 60/^ per 
annum should be paid to each of y» s'^ schooles out of y° publick treasury of 
this Colony, as in and by y" said act or order of y" Court may more fully appear: 
This Court, on further consideration of y^ matter, do.judge it convenient and necessary, 
for y° increase and incouragem' of good literature in y« education of youth for pub- 
lick service and usefulness, y' y' shal be two other grammar schooles besides y™ already 
appointed, viz: one at Fairfield, and another at New London, for ye ease and better 
advantage of y° s^ 2 counties: and y' for y« future the 60" payable out of y« publick 
treasury shal be paid as foUoweth, viz: 15" per annum to each of y^ s"* county townes 
y' doth maintain a grammer school according to y° true intent of this act, and y« sd 
16" to be made 50" per annum to each of y"^ sd schooles. 



1691.] OP CONNECTICUT. 51 

That there may be no clisapoyntment in the Court of Assist- 
ants or in the Councill by reason of the Gouerno'' or Dept 
Gouerno" absence by sickness or otherwise, it is now ordered 
by the Court, that it shall be in the power of the Gouerno'' to 
nominate and appoynt a president for such court or councill 
as shall be necessarily called before the meeting of the next 
Geuerall Court, which sayd president so nominated and ap- 
poynted is hereby fully impowered to attend the sayd seruice, 
any former order to the contrary notwithstanding. 

In the interualls of the Generall Court, in case their should 
fall out any speciall occasions to be attended, this Court leaues 
it to the Governo'" and Councill to issue the same. 

Upon the request of the administrators of the estate of Oba- 
diali Bancks that they might sell so much land as is necessary 
for the payment of his just debts, this Court grant their re- 
quest and impower them so to doe. 

This Court grant that the administrators of the estate of 
Phillip Judd are hereby impowered to make sale of so much 
of his land as may sattisfy for his just debts that his moueable 
estate will not answer. 

This Court gi'ants the administrators of the estate of Dauid 
Watkins and the ouerseers of his estate power to make sale of 
a certaine house and peice of land belonging to the daughter 
of sayd Watkins, there being no other way to preserue it, and 
that the pay that will be paid for it be secured and improued 
for the daughter of sayd Wadkins. 

[225] This Court doe nominate and appoynt Fitz John Win 
throp Esq"" to be Col. of the regiment of New London County, 
and he is to be commissionated accordingly. 

This Court doe nominate, appoynt and impower Capt. 
Jonath : Bull or his attourney to prosecute all the seuerall 
constables that liaue not made up their acco'^ for such money 
as they were ordered in S^ Edmons time to gather, at the 
next county court in each county, and upon receipt of the 
same to giue discharges for what he receiues, and to pay there- 
with what just debts are due for the charge of the garisoniug 
of souldiers at Northfeild, so far as it will goe. 

Whereas the sitthig of the Court of Assistants in May, after 



52 PUBLIC RECORDS [May, 

the Generall Court in that moneth, is found to giue great de- 
lay to the administration of justice in cases of appeales from 
the county courts to the court of Assistants, this Court doe 
now order that from henceforth, after the next Court of Assist- 
ants, the Court of Assistants shall be held on the Munday be- 
fore the Court of Election or Generall Court in May annually, 
whereby all appealants from sayd Court of Assistants may 
haue the more speedy issues in the Generall Court, and the 
Court of Assistants in October to be according to former order. 

This Court haueing heard and considered the seuerall leters 
from M"^ James Porter, as allso a letter from the Reuerend M"" 
Increase Mather* doe desire and impower the Governo'' and 
Councill with all convenient speed to write to sayd M"" Porter 
and the Reverend M^ Mather, or any others in England that 
they see meet, to giue them the thankes of this Court for their 
kindnesses to this Colony, and to request them to present our 
former addresse to the King and Queenes Ma^ie, if it be not 
allready done, and to endeauour to procure us their Ma^'^s 
gracious acceptance and owneing of vs, in o"" serueing their 
Mamies in the gouerment of this their Colony according to o"" 
charter, by some letter from their Ma^ies^ as theire Mat'^s 
pleasure is, and to acquaint those gent" o"" freinds with o"" 
present pouerty, by reason of wars and otherwise, which hath 
disabled us from such liberall improuement of agents and 
makeing other new addresses to their Mamies as we desire, yet 
withall to signify that the necessary charges they shall be at 
in persuance of our aboue mentioned desires we will carefully 
defray as soon as they shall be signified to us by them. 

The Court is adjourned till the Gov or Deputy see cause to 
call them together againe. 

M"^ Rich'^ Edwards haueing petitioned to consider the case 
was presented to them October last for a releass from his wife, 
and that he might haue releife therein if the law of God or 
man will affoarde it him, and he allso desireing that a councill 
of able diuines upon his charge might be called to consider his 
case and giue their resolues upon the same to the court: the 



* Several letters from Mr. Porter and one from Mr. Mather are in Foreign Corres- 
pondence, II, 22-27. 



Ig91.] OF CONNECTICUT. 53 

Court, haueing considered the premises, though they are not 
fully sattisfyed to alter their apprehensions from what they 
were formerly, yet considering the deplorable estate of the peti- 
tioner, and the many intolerable temptations he lyes open too, 
are wilhng to doe what they can for his releife, and to recomend 
it to the Gen" Court October next to consider the case, and 
doe desire that the Reuerend M^ Hooker, M' Mather, M^ 
Woodbridg, M^ Russell, M>- Tompson, w^h M"- Watson, giue 
their attendance at Hartford on sayd Court, to heare the case 
■ and grant what hght they can come at, for the direction of the 
Court in the issue of the case. 



A Speciall Court held at Hartford, July 9, 1691. 
^ order of the Governo'". 
Col. Robt. Treat, Esq. Gov., Capt. Sam" Tallcot, 
Mr Sam" Willys, Capt. Dan. Witherel, 

L'^t Col. John Allyn, M'" Nath. Stanly, 

Capt. Andr: Leet, M-" W- Pitkin, 

Deputies. 
Capt Cip: Niccols, Deac. Steph. Hosmor, for Hartford. 
Mr Henry Wolcot, M'" John Moore, for Windsor. 
Capt. Ro]3t. Wells, L«t John Butolph, for Weathersfeild. 

Capt. Moses Mansfeild, for N. Hauen. 

Capt. Tho. Clark, for Milford. 

Mr Jos. Bastard, M-- Sam" Ward, for Fayrefeild. 

Capt. John Stanly, M-- Tho. Bull, for Farmington. 

Mr Tho. Leffingwell, Serj* RichJ Bushnell, for Norwich. 

Capt. Nath. White, Mr John Hamlin, for Midleton. 

Deacon John Hall, for Wahngford. 

Ens. Tho. Judd, for Waterbury. 

Sarjt John Plat, for Norwalk. 

Mr John Higly, Mr John Case, for Simsbury. 

Lnt Jonath. Bell, Abram Ambler, for Standford. 

Lnt Henry Crane, for Wallingford.* 

Deacon W"" Johnson, for Guilford. 

* A slip of the pen for Killiugworth. 



54 PUBLIC -EECORDS [J^lj, 

Deac. W^n Dudley, Ens. John Pratt, for Saybrook. 

M^ Joseph Arnold, for Haddum. 

Mr W" Maltby, L°t Eben. Stent, for Branford. 

The Generall Court by their voate made choyse of M"" W'" 
Joanes to be Deputy Governo'* till the Coiir^ of Election May 
next. 

The Court by their vote made choyse of Capt" Caleb Stanly 
to be an Assistant till the Court of Election in May next, whoe 
was sworn in court. 

This Court desired the Governo'' to administer the Deputy 
Governed oath to M"^ W^ Joanes, whoe is chosen thereto by 
the Generall Court. 

This Court doe leaue it with the Governo'' and Councill, so 
many of them as can conveen, in behalfe of this Court to draw 
up letters to M^ Mather, M"" Whiting, and M'' Porter, to return 
them thankes for what they haue done for us in England, and 
to desire themio endeauoure to procure from his Mat'e a let- 
ter owneing us in the legall management of o>" Charter Gover- 
ment, and continueing vs under his protection in the full and 
free injoyments of our liberties and priuiledges.f 



[226] A Generall Court held at Hartford, October 8ti» 

1691. 

Robt. Treat, Esq'', Gov. Capt" Andrew Leet, 

W™ Joanes, Dept Gov. Capt, Sam^i Tallcot, 

M^ Sam" Willys, Esq-", M<- W'" Pitkin, 

Major Nathan Gold, Esq"-, M-- Nath. Stanly, > 
Lnt Col. Jno AUyn, Capt. Caleb Stanly.^ 

Tlie Deputies are, 
Capt. Cip. Niccols, Deac. Step. Hosmor, for Hartford. 
M"" Henry Woolcot, M^ John Moore, for Windsor. 
Capt. Robt. Wells, Lnt Jn^ Buttolph, for Wethersfeild. 
Capt. Moses Mansfeild, Ln* Abram Dickerman, for N. Hauen. 
jyfr "W'm Johnson, Capt. John Graue, for Guilford. 

* In place of James Bishop, Esq. who died June 22, 1G91. 
t Copies of these letters are in For. Corresp. II, 29, 30, 31. 



1691.] OF CONNECTICUT. 55 

M" Jolin Wakeman, M^" Eliphalet Hill, for Fayrefeild. 

M"" Tho: Leffingwell, M'' John Birchwoocl, for Norwich. 

M"" Tho. Knowles, M"" James Jiidson, for Stratford. 

]5l'' Israeli Curtice, for Woodbury. 

Capt. James Morgan, M"" Nehemi. Smith, for N. London. 

Mr Eliasaph Preston, for Wallingford. 

Mr W"> Maltby, for Brandford. 

Mr Sam" Newton, M"" Sam" Buckingham, for Milford. 

Capt. Nath. White, M"- John Hamlin, for Midleton. 

Mr John Higiey, M'- Peter Buel, for Simsbury. 

Mr John Chapman, Mr W'" Parker, for Saybrook. 

Ens. Tho. Judd, for Waterbury. 

Lrit Abram Brunson, Ens. Joseph Peck, for Lyme. 

Mr Abram Ambler, Mr Daniel Westcott, for Standford. 

abs. Capt. James Olmsted ; Ens. John Balding, for Norwalk. 

Capt. Ebenez. Johnson, for Derby. 

John Meade, junr, for Greenwich. 

Mr Joseph Arnold, for Haddum. 

Capt. John Stanly, Mr Tho. Bull, for Farmington. 

This Court, in the absence of Capt. James Fitch, doe ap- 
poynt Mr John Hamlin to audite the Treasurer's acco*, with 
the rest appoynted for that seruice. 

Whereas there hath [been] a petition prsented to this Court 
to moue them to grant them the proprietors of the land giuen 
by Joshua to seuerall gent" of Norwich, to make a township of 
that land and to name the towne Windham, and to free them 
from country rates for some time ;* the Court haueing consid- 
ered the premises, and findeing none of the principle proprie- 
tors of sayd land in the petition, doe not see cause to proceed 
farther in it at this time, but desire the deputies of Norwich 
to inform the petitioners and proprietors, that in May next the 
Court will giue all due encouragement to the petitioners and 
proprietors to proceed in the planting the afoarsayd place, and 
doe expect their attendance upon the court for an issue. 

Ypon the petition of the widow Tabatha ' Worcester and 
Lidia French, that this Court would grant them liberty to 
disspose so much of their liusbands lands as are necessary to 

* The petition, to which eleven names are appended, is in Towns and Lands, 1, 234. 



56 



PUBLIC RECORDS 



[Oct. 



be sold to pay their husbands just debts, the personal! estate 
not being- sufficient to doe it, this Court grant their petition, 
and ordered that they and Ensign Rigs, by aduice of Capt. 
Eben. Johnson and Tho. Worster, doe disspose of such land as 
may be best spared for the end afores'^. 

This Court grant and impower M"" Sam" Sherman junior 
to disspose of the land of Henry Hitt, to pay his just debts, as 
allso so much of the land of Henry Allyn as is necessary to 
pi«y his just debts. 

The Governor acquainted the Court with the transactions 
that had [been] between this goverment and the other colonys 
and perticularly those letters that haue past between the Gov- 
erno"" and Councill of New York and vs,* and doe approuc of 
what they haue done. 

The list of estates for the Colony are^ 

persons. II. persons. U. 

253 Hartford, 19211 00 00 321 New Hauen, 15622 00 00 



285 Windsor, 16145 00 00 
234 Wethersfeild, 14367 00 00 

109 Farmington, 06935 00 00 

110 Midleton, 05368 00 00 
066 Simsbury, 03348 00 00 

065 Haddum, 03800 00 00 
043 Waterbury, 01859 00 00 
190 New London, 09400 00 00 
116 Norwich, 06561 00 00 
090 Saybrooke, 05668 00 00 

066 Lyme, 04267 00 00 
097 Stoneington, 05847 00 00 
043 Kenilworth, 02534 00 00 



144 Milford, 09914 00 00 

053 Brandford, 04010 00 00 

120 Guilford, 07335 00 00 

041 Derby, 01963 00 00 
076 Wallingford, 03959 00 00 

208 Fayrefeild, 11360 00 00 

124 Stratfofd, 08656 00 00 

052 Woodbury, 02487 00 00 

88 Norwalk, 05016 00 00 

109 Standford, 05320 00 00 

066 Greenwich, 03107 00 00 



3109 



This Court appoynt Capt" Niccols, M"- Maltby, M'" Eliphalet 
Hill, and M"" John Chapman, to be a comitte to perfect the 
sayd lists that are imperfect and to return them to the Court. 
[227] Ypon the petition of Nathaniel Niles, this Court doe 
see reason in regard of his great losse by the French, to grant 
unto him the sume of one hundred and fifty acres of land, 
prouided he take it up wlier it may not prejudice any planta- 
tion or perticular person by any person [former grant] made 



* Respecting the defence of Albany. 
Hist, of N. v., Ill, 784. 



War, IJ, 145-151. Documents rel. to Col. 



1691.] OP CONNECTICUT. 57 

to them by this Court. L^t Leffingwell and John Post are 
appoynted to lay out to him his land according to his grant. 

The Court grant Maytowhash, the Sunck Squa of Midleton, 
liberty to disspose by sale two acres and halfe of land to John 
Clark for her present supply. 

This Court grant unto Matowhash the Sunch Squa of Midle- 
ton, liberty to disspose ly sale two acres and halfe of land to 
John Clarke for her present supply. 

Vpon the petition of Waterbury this Court grants them 
their present country rate toward the erecting of a house for 
the pub: worship of God in that towne, prouided they improue 
it for that use and no other.* 

This Court impowers the administrators of Ephraim Hay- 
ward's estate to disspose of so much of the lands and houseing 
of Ephraim Howard's deceased as may with his personall estate 
pay his just debts. 

Some of Wallingford haueing petitioned their millitary offi- 
cers might be confirmed by this Court, this Court doe confirm 
their order of May last in respect of the millitary officers of 
Wallingford, [which] former order is to continnue till the 
people of Wallingford are better agreed or the Court order 
otherwise. 

This Court grants liberty to the select men of Milford, with 
aduice of the Governo'", to set up a ferry ouer the riuer be- 
tween Stratford and Milford, in case t\^i M^ Wheeler the 
pi'sent ferry man doe not attend [to] fullfill the articles for- 
merly made with the townes of Stratford and Milford, and 
that he keep a good boate, and good attendance, to carry over 
all passengers according as they haue occasion, at reasonable 
price, and this Court grants the ferryman full liberty of the 
use of the wharfe on Stratford side to land his passengers on. 

M"^ Tho. Wells is plntf. by way of appeale from the Court of 
Assistants May 26, 1691, M^ Ickabod Wells, Samuel Wells, 

* John Hopkins and Thomas Judd, townsmen, represent that the town had been 
brought low by losses in the fruits of the earth, losses in their live slock, and by much 
sickness for the space of the last four years, that they had done much scouting for 
which they had received no public recompense and been put to much trouble by sol- 
diers passing to and fro, and whose entertainment had occasioned much expense of 
time, &c. and desire assistance toward the building of a meeting house. Ecclesiasti- 
cal, I, 89. 



58 PUBLIC RECORDS [Oct. 

M"" Joseph Welles, John Bidwell in behalfe of his wife Sarah, 
and James Judson in behalf of his wife Rebeckah, as survi- 
uoures to Jonathan Wells of Hartford, deceassed, defendnts, 
from the judgment of the Court of Assistants May 26* 1691 : 
Which action was entered a complaynt for neglecting or re- 
fuseing to distribute or pay to them respectiuely their seuerall 
parts or portions of the sayd deceassed estate, according to the 
distribution and appoyntment of the County Court holden at 
Hartford Nov 5, 1690. At the Court of Assistants the jury 
fownd for the defendants a distribution of the estate according 
to the court courts order Nov 5, 1690. The present plntf 
moueing this Court that there might be a non suit granted in 
this suit, the Court saw no reason to grant his desire, but 
haueing considered the case, doe find for the defendants that 
the distribution of Jonathan Wells made by the County Court 
November 5*, 1690, shall stand, and doe grant to each of the 
bretheren and sisters of sayd Jonathan Wells their just pro- 
portions, of the sayd estate, and if the saytZ M"" Tho: Wells 
refuse to make payment to them, or either of them, the por- 
tions, the Secretary to grant them execution for the same, and 
that whoeuer receiues his part shall giue sufficient bond to 
Mr Tho: Wells, the administrator, to refund what is necessary 
and will be sufficient to pay his share of all just debts due 
from the estate, in case any appear, and that M^ Tho: Wells 
be allowed his ne^ssary expences for the preserueing the 
estate out of the estate, according to what shall be alloted him 
by the county court upon his pi'senting of his charge before 
them. Execution deliuered January 4, 1691. 

This Court by their vote declared they did not see reason 
to confirm Thomas Bull L°t of the traine band in Farmington 
till they haue com to a new choyse of a Leiutenant there. 

M'' Abram Ambler, Jonath: Bell, Daniel Weed, Richard 
Scouill, plntfs by way of appeale from the judgment of the 
Court of Assistants, May 26, 1691, John Arnold, as attourney 
to his brother Joseph Arnold of Boston, defendant, which ac 
tion was entered an action of the case for refuseing or neglect- 
ing to pay him the sayd Joseph Arnold a certain sume or 
sumes of money due to him for seruice or labour don upon or 



1691.] OP CONNECTICUT. 59 

about the sayd brigateen by himself as master of the sayd ves- 
sell and by his men shipped by him, as allso for disbursments 
for dyet in sayd seruice, as appeares by his accoS with damages 
to the value of fifty fiue pownd. In this action the jury find 
for the plaintife forty fiue pownds ; the court accepted of the 
verdict and-grant judgment accordingly. This Court, haue- 
ing heard and considered the case with the seuerall euidences, 
doe finde for the defendnt thirty povynd in currant country pay 
and cost of court. 

This Court apoynts Thursday 5^ of November to be solemnly 
kept throughout this Colony a day of publique thanksgiueing 
throughout this Colony ; the occasions thereof are on file. 

This Court appoynts the 2*^ Wednesday in Decemb"" next to 
be kept a day of prayer &c. 

This Court grants M^ Charles Chancey, with what he hath 
receiued, so much as may make up thirty shillings per week 
for the time he was out chaplin and phecissian to the army, 
which was fowerteen weeks. 

This Court, upon the motion of the deputies of New London 
that the traine souldiers on the east side of New London Riuer, 
by reason of the great distance of their habitations from the 
centre of the towne and the difficulty of passage thither, that 
they may be admitted to haue a traine band stated of that side 
the sayd riuer ; this Court, haueing considered the same, doe 
grant their request and giue them liberty to haue a stated 
company of all those souldiers on the east side the riuer, pro- 
uided Major Generall John Winthrop and Capt" Daniel With- 
erell doe approue thereof. 

[228] Ypon the petition of Richard Edwards that this Court 
would release him from from his conjugall tye to his wife 
Elizabeth, the Court, haueing considered the case with seri- 
ousnesse and taken the best aduice they could com at by the 
word of God and learned and worthy diuines, doe see reason 
and doe release him the sayd Richard Edwards from his con- 
jugall tye to sayd Ehzabeth his late wife. 

This Court orders that the officers for Northfeild expedition 
be payd out of the Colony treasury, according to custamory 
alloweance, that is their areers. That the areers of the soul- 



60 PUBLIC RECORDS [Oct. 

diers of this Colony in the Northfeild ex^jedition be payd at 
sixpence p day. 

This Court by their vote granted to Capt^ Bull for his com- 
missary place forty shillings. 

This Court grants M^ John Parker for powder expended at 
Saybrook forte the sume of fiue pownds eight shillings. 

This Court grants to M"" John Chapman fiue pownds for 
powder expended at Saybrook forte. 

This Court confirm John Chapman Capt" of Saybrook traine 
band, and order that he be commissionated accordingly. 

The Court remitted to M^^s Phcbe Whiting the sume of three 
pownds due to the country. 

This Court appoynt Major Gold and M^ John Bur to audite 
the constable of Stratfords acco^, and to make it up with him. 

This Court grant a rate of three pence upon the pownd of 
all the rateable estate in this Colony, to discharge the country 
debts, to be payd as followeth, in wheat, peas, and Indian corn, 
and rye ; winter wheat 4«. 6d. p bush., and pease at 2s. (jd. p 
bush., Indian corn at two shilling six pence p bush, porck, at 
three pownd ten shillings p barell, all to be good and mer- 
chantable, porck to be well repact, and beif 405. p barell ; and 
if any will pay the one halfe of their rates in currant money 
of New England, it shall be accepted in leiu of their full rates ; 
and the constables in the seuerall townes are to return what 
money they receiue, forthwith upon their gathering of it, to 
the treasurer, whoe is to disspose it to the payment of such 
money debts as the country owes at p^sent. 

This Courts grants the Governo'' for his sallary this yeare 
the suihe of one hundred pownds. 

This Court grants the Deputy Governo' for his salary this 
year the sume of forty pownd. 

This Court grant the Secreti^y for his salary this year the 
sume of twenty fiue pownds. 

For this year the Treasurer is allowed thirty fiue pownd, 
and the Marshall fifteen pownds. 

This Court grants Capt" Caleb Stanly salery for his seruice 
as Commisary twenty pownds. 

This Court grants Thomas Hancox tenn pownd p anum for 
keeping the comon goale. 



1691.] OF CONNECTICUT. 61 

Mr Edwards haueing petitioned this Court that M'' Glouer 
might haue some releife granted him in a bond and awarde, 
wlierein John Mawdsley was concerned and his "son Capt" 
Glouer, &'^ ; the bond is dated Aprill 2, 1689, the arbitration 
is dated Aprill 3^, 1689 ; the Court se no reason to receiiie 
their case, because the widow hath not timely notice thereof, 
and therefore refer them to the comon lawe. 

This Court findeing great difficulty ariseing amongst vs in 
gathering of rates, men neglecting to make payment of their 
just sumes when warned by the constable or colector to bring 
in their rates, this Court doe order, that if any person or per- 
sons shall neglect or refuse to make payment of their rates 
according to order, it shall be in the power of the constable or 
colecto'' to leuy so much of his personall estate as may answer 
their rates and the just charge ariseing thereupon, and for 
want of personall estate, the sayd constable or colccto'' shall 
seiz the body of such person so neglecting to pay theire rates, 
and to conuay them to the county goale, there to be secured by 
the prison keeper till he shall haue payd his sayd rates with 
all necessary charges ariseing thereupon, and the seuerall 
prison keepers are hereby required to receiue such persons as 
shall be brought to them into their custody, and not to releasse 
them without order from authority. This order to remayne 
in full force and vertue, any former law or order to the con- 
trary notwithstanding. 

Upon a petition of the proprietor's of the east side the great 
riuer in Hartford, that this Court would be pleased to appoynt 
a comittee to setle the fence there, and the answer to the peti- 
tion is set down under the petition under the hand of the Sec- 
retary. M'" Olcot payes for the petition 10s. 
[229] Upon the petition of the people of Paquanage that 
they may haue liberty from this Court, while they mayntain 
and orthodox ministry in Paquanage, to be releast from their 
payment to the ministry of Fayrefeild, the Court grant their 
petition therein, prouided the sayd people of Paquanage make 
payment of all their just dues for towne charges to the sayd 
towne of Fairefeild as formerly, and pay their just dues to tlie 
ministry of Fayrefeild to this day. 



62 PUBLIC RECORDS [Oct. 

Upon the petition of Jacob Walker, who complayns of 
wronge he hath receiiied by vertue of an execution that hath 
been serue'd upon his estate by the marshall of Fayrefeild upon 
the suit of Hezikiah Dickeson and Joseph Wadkins, this Court 
recommend it to the county court of Fayrefeild at their next 
sessions to hear, consider, and determine, the sayd complaynt, 
and that they order if any thing be don amisse in the serue- 
ing of the execution that it be rectifyed according to law and 
rules of righteousnesse, and if any party be dissattisfyed with 
the issue they may repayre to the next Generall Court for an 
issue "and determination thereof. 

M»'s Lewes petition to this Court was read in the court, but 
the children haueing no notice thereof, the Court refers it to 
the next Gen'i Court for hearing and issue of the case. 

This Court appoynts M^ Dudly to administer the oath of a 
Commissioner to M"" Mathcw Gris would as soon as may be. 

Capt. Scill is allowed his sallery for deputy May last, he 
being taken sick in his passage vp. 

This Court leaue it with the Governo'' or Dep^ Gov and 
Councill, according to charter, to hear and determine all 
affaires that are of necessity to be attended in the intervales 
of the Generall Court, prouided they rayse no money nor 
make no alteration of o'" charter goverment. 

This Court orders that whereas the County of Hartford doe 
complayne they are to hardly dealt with in the price of theire 
lands, this Court doe now referr it to the Gen" Court in May 
next to consider of the sayd complaint and . to issue the same 
in a just and righteous way. 

This Court doe recommend it to the county court in Hart- 
ford to consider the petition of M."^^ Mary Gilbert, relict of 
Josiah Gilbert, and to use the best means can be come at for 
to releiue her. 

This Court, findeing that Kenilworth haue not presented 
theire lists to this Court, doe order the Secretary to send his 
warrant to L^t Henry Crane, and to M"" John Griswould, to 
send up the list of theire townes estate to him forthwith, and 
upon their neglect to require Marshall Graue to goe down to 
Kellingworth and to take the fine the law requires for the de- 
fects and his just [fees] for trauell. 



1691.] OF CONNECTICUT. 63 

It is ordered by this Court that in all executions that shall 
be granted for the future, where it is sayd, For want of estate 
you are to secure the body of such a one (it be aded in such 
writts) In the county prison, and the prison keeper is hereby 
required to receiue and secure the sayd person till payment 
be made for the sayd debt according to execution, or sufficient 
security be giuen for the same. 

Whereas the good people of Wallingford, by reason of some 
variaty of apprehensions that hath fallen out between them, sit 
uneasy, and their seames to be a made breach made of their 
peace, and differences seem to be increasing among them ; for 
the issue of all matters and controversies between them that 
are not for the present statet^ and determined by this court 
allready, this Court doe nominate and appoynt L"'- Col. AUyn, 
Capt. Sam. Tallcot, M"- W-" Pitkin, and the Reuerend M"- 
Sam'i Hooker, and M'' Perrpoynt, they or any two or three of 
them, to be a comittee in behalfe of this court to hear and de- 
termine all maters of controuersie that haue arisen between 
the good people of Wallingford since their looking towards of 
millitary officers, and the good people of Wallingford to aqui- 
esse so far as to be peaceable under the same. 

Whereas there hath been a long continued controuersy be- 
tween Isack Hall and Samuell Hall, that hath made much 
trouble and controuersy between them, managed in seuerall 
of our courtes, it is now by this Court recommended to our 
Honoured Governo'', Major Gold, and M"" John Burr, to take 
the pajmes to command both Isack and. Sam^' Hall to appeare 
before them, and to use their best endeauoures to setle them 
in a good and peaceable way according to rules of righteous- 
nesse, if they can attayne it. If that doe not doe, then the 
sayd gent° are to order and put each of them in a peaceable 
possession of their respectiue rights, according to their seuerall 
and respectiue deeds and euidences, and guifts by will, or any 
other way, and when this is done, whosoeuer shall riotously or 
any other way disturb the peace of each other, they shall forth- 
with be secured and punished according to law. 

The Court is adjourned till the Governo'" or Deputy Gov- 
erno'" see reason to call them together again. 



64 PUBLIC RECORDS [Novemb. 

[2^30] A Generall Court held at Hartford by speciall 
ORDER OF the Governo"-, Novemb'' 19, 1691. 
Col. Eobt. Treat, Esqs Govf. 
W" Joanes, Esq"", Dept. Gov. 
Mr Samuel Willys, M^ Nath. Stanly, 

L. Col. -John Allyn, Capt. Caleb Stanly. 

Deputies'. 
Capt. Cip: Niccols, M^ Steuen Hosmor, for Hartford. ' 
M«" John Moore, for Windsor. 

Capt. Robt. Wells, L"* John Buttolph, for Weathersfeild. 
Capt. Moses Mansfeild, L"* Abram Dickerman, for N. Hauen. 
M"" Samii Buckingham, M^ Sam^i Newton, for Milford. 
Capt. John Stanly, M"- Tho. Bull, for Farmington. 
Capt. Nath. White, M^ John Hamlin, for Midleton. 
M'" Tho. Knowles, for Stratford. 
]y[r ^m Parker, for Sayb,rook. 
M"" W'n Johnson, Capt. Jn^ Graue, for Guilford. 
W John Higley, for Simsbury. 

The Governo'", with the aduice and consent of the magis- 
trates and deputies assembled in Hartford* this 19 of Nouem- 
ber, 1691, orders that there be a free and voluntary contribu- 
tion made throughout this Colony, towards the supply and 
releife of the garissoned souldiers imployed against the comon 
enemie in the eastern partes, and the poore famalyes yet con- 
tinued there, or forced away from their habitations in distresse 
and want, and the reuerend elders and ministers in our plan- 
tations are desired to promoue and encourag the people in 
their seuerall congregations to this charitable [work], as pleas- 
ing and acceptable to God ; and what shall be raysed this way, 
is by the deacons, in each towne where there be deacons, and 
by the constables where there be no deacons, an acco* thereof 
with what shall be raysed in cash is forthwith to be returned 
to the Governo"", and the Governo"" and Councill are to take 
care for the speedy transportation thereof, and to order the 

* To a letter from Gov. Bradstreet requesting assistance, Mr. Allyn replies that by 
reason of the sickness some of the magistrates were visited with, a sufficient number 
did not meet to keep a General Court. War, II, 154, 155. 



1691.] OF CONNECTICUT. 65 

disspose thereof for the ends abouesayd in the best way and 
maner they can, and what prouission shall be raysed in o"" 
porte townes is to remayne there, and what is raysed in o'' in- 
land townes is to be connayed to the porte townes, all to be 
ready for transportation as the Governo"" shall order. 



A Court op Election held at Hartford, May 12th, 1692. 
These were nominated to stand for the election. 
Col. Robt. Treat, W^ Joanes, SarnH Willys, Major Nath. 
Gold, L. Col. John Allyn, Capt. Andrew Leet, Capt. James 
Fitch, Capt. Sam" Mason, Capt" John Burr, W'" Pitkin, Capt. 
Dan. Witherly, Nath. Stanly, Capt. Caleb Stanly, Esq". 
Capt. Moses Mansfeild, Capt. John Stanly, M"^ Jehu Bur, M""' 
Tho. Trowbridg, W John Moore, M>- Tho. Hooker, M"- Henry 
Woolcot. 

These were elected for the yeare ensueing, 
Col. Robt. Treat, Esq^, Gouernor, 
W'" Joanes, Esq^, Dept. Gov. 
Assistants. 
Samuel Willys, Esq^, Capt. John Burr, Esq"", 

Major Nathan Gold, Esq^, W™ Pitkin, Esq^, 

L. Col. John Allyn, Esq"", Capt. Daniel Witherell, Esq"-, 

Capt. Andrew Leet, Esq"", Nathan" Stanly, Esq"", 

Capt. James Fitch, Esq"", Capt. Caleb Stanly, Esq"", 

Capt. Sam" Mason, Esq^ Capt. Moses Mansfeild, Esq^.* 

Col. John Allyn, Secfy., sworn. 
Capt. Josep Whiting, Treasurer. 
The Deputies are., 
Capt" Cip. Niccolls, M^ Steven Hosmor, for Hartford. 
M"" Henry Woolcot, M^ John Moore, for Windsor. 
Capt. Robt. Wells, L-^' John Buttolph, for Weather sfeild. 
Capt. Nath. White, M^ John Hamlin, for Midleton. 
Lnt^ Tho. Heart, Ens. John Judd, for Farmington. 
Lit Abram Dickerman for New Hauen. 
Capt. Mathew Sherwood, M"- Nathan Gold, for Fayrefeild. 

* In place of Capt. Samuel Talcott, who died November lOtli, 1691. 
9 



66 PUBLIC RECORDS [M-ay, 

Capt. Jno Graue, L^t Nathan Bradley, for Guilford. 

Mr Wm Ely, Lnt Abram Brunson, for Lyme. 

M"" Tho. Yeale, for Wallingford. 

Samii Hoyte, Daniel Westcot, for Standford. 

Mr Isack Wheeler, for Stonington. 

Lnt James Auery, M^ W"' Duglas, for New London. 

Lnt Ben. Brewster, Sarj. Rich. Bushnell, for Norwich. 

[231] Lnt Eben. Stent, M-" John Frizby, for Brandford. 

Ens. Tho. Judd, for Waterbury. 

]\jr "Win Dudly, M^ Rob* Chapman, for Saybrook. 

Capt. W"' Curtice, M^ Joseph Curtice, for Stratford. 

Samuel Hayes', Thomas Betts, for Norwalk. 

Mr Tho. Clark, M>- Sam^ Newton, for Milford. 

Daniel Braynard, for Haddum. 

Lnt John Higley, for Simsbury. 

Capt. Jno Minor, L"* Curtice, for Woodbury. 

These were nominated and appoynted Comrs j for Windsor, 
Mr Henry Woolcot and Mr John Moore; for Simsbury, M"" 
John Higley ; for Farmington, Capt. Jn^ Stanly and L^t Tho. 
Heart; for Waterbury, Ens. Tho. Jud; for Weather sfeild, 
Capt. John Chester, Capt. Eobt. Wells, Mr Samuel Butlar ; 
for Midleton, Capt. Nath. White, M-" John Hamlin, Mr W'" 
Cheeny; for Hadum, L"' George Gates; for NorW^i^, Mr Benj. 
Brewster and Mr John Birchwood; for Preston, Mr Brewster; 
for New London, Capt. James Auery and Mr Ricli'^ Christo- 
phers ; for Lyme, M'' Mathew Griswould and M^ W™ Ely ; for 
Saybrook, M^ Lynes and Mr Dudley ; for Kellingworth, L"^' 
Henry Crane ; for New Hauen, M"" Tho. Trowbridge ; for Mil- 
ford, M"" Alexander Bryant and Mr Tho. Clark ; for Derby, 
Capt. Johnson ; for Woodbury, Capt. Minor and L^t Curtice ; 
for Stratford, Capt" W™ Curtice, M'' Jeri: Curtice and M'" Jo- 
seph Curtice ; for Fayrefeild, M^ Jehu Bur ; for Norwalk, 
Capt. Tho. Fitch and Capt. James Olmsteed ; for Danbury, 
James Beebe ; for Standford, Capt. Jonath. Silleck and L"' 
Jonath. Bell ; for Greenwich, M"" John Reinolds ; M"" Moss 
and M'' Yale, for Walhngford. 

Whereas in the Comissioners oath it is sayd Chosen by the 
plantation of W. &c, it is now ordered that the oat/i shall run 
For the plantation of W. &c. 



1692.] OF CONNECTICUT. 67 

This Court grants liberty to Jacob Pacliin, administrator to 
tlie estate of Samuel Grummin, late of Fayrefeild deceassed, 
to make sale of so much of the land of sayd Grummin as may 
discharge his just debts, which ap^Deares to this Court to be 
about twenty poimds. 

This Court frees the town of Danbury from payment of rates 
for the space of two yeares from the date hereof. 

This Court grants to the inhabitants of the town of Danbury 
an inlargment of tlieire bowndes one mile to the sowthward of 
"their former bowndes, and one mile to the northward of their 
former bowndes.* 

Upon the petition of the inhabitants of the towne of Norwich 
and others, legatees and proprietors of the new plantation that 
is setleing aboue the towne of Norwich, this Court grants to 
the petitioners liberty of a township, with all liberties and 
priuiledges usually granted for the encouragment of the setle- 
ing new plantations, and exemption from payeing any country 
rates for the space of fower yeares, and order the name of the 
towne to be caled Windham, and the town brand to be, & ; 
and the inhabitants are oblidged to improue their utmost en- 
deauour to procure and mayntaine ah able and faythfull min- 
istry in the place, and beare all other towne charges as the law 
directs. 

Upon the petition of Hanah Boxford, widdow, relict to 
Elnathan Boxford, late of Milford deceassed, for to make sale 
of som lands and for the payment of debts and legacies, this 
Court grants liberty to the sayd Hanah Boxford to make sale 
of so much land as necessity may require to pay and discharge 
those debts, wherein she is to aduise with Captain Clarke and 
Mr. Newton. 

This Court were informed by the Governo'" that upon the 
motion of the Gouernof and Councill of Massachusets and the 
gent" of the upper townes, that there were sent a captaine 
with fifty men (to guard those upper townes) from the county 
of Hartford. The Court did aproue of the same and order the 

* The petition for an enlargement of the limits of Danbur}' is in Towns and Lands, 
I, 236, the report of the lay ont of the bounds, signed by John Piatt sen. and Samuel 
Hayes sen. is in the same volume, doc. 235. 



68 PUBLIC RECORDS [May, 

charge thereof to be payd by the Treasurer out of the pub: 
treasury.* 

Whereas the Goueriio"" hath with the Councill appoynted 
fiue hundred bushells of wheat to be secured for the countryes 
use till the last of this moneth, the Court order that the sayd 
wheat shall be continued and kept for the use of the country 
till the last of July next. 

This Court upon the petition of Hanali Gibbs doe impower 
her to make a firme deed of sale to John Woolcot for that 
fifteen rod of land her husband sold to sayd Wolcot, he dyeing 
before he made a conveyance of the same. 

Vpon the petition of seucrall of the inhabitants of Hartford 
on the east side of Conecticutt Riuer, that there may be a 
roade stated between Conecticut Riuer and the upland, for the 
conveniency of all good people trauelling that way, this Court 
doe therefore order that there shall be a road stated from s'^ 
riuer of Conecticutt to the upland in the most conuenient 
place by the best judgment of Mt" W'" Pitkin, Capt" Cip: Nic- 
cols, and Deacon Hosnior, and they are allso apoynted to con- 
sider the bredth of the highway, and what the price of the 
land shall be which is taken for this seruice. 

Joseph Whiting is appoynted Capt" of the troope, Return 
Strong Lnt, and Samuel Tallcot Cornet, and they are all to be 
commission ated accordingly. 

. [232] This Court being diuers wayes allarmed by the reporte 
of the approach of an enemie^both of French and Indians being 
comeing ouer the lake to doe spoyle upon the plantations in 
these partes, the Court doth order therefore that their be scouts 
appoynted to make discouery of the enemie, and that those in 
New Hauen and Fayrefeild county be imployed and directed 
and directed in their scouting how to manage their affayres by 
the Governo"^ or any two Assistants, and those that are im- 

* Secretary Addington, by order, of the Governor and Council of ISIassachusetts, 
gave information Jan. 8, 160J, that a considerable body of Indians had come from 
Albany and set down near Deerfield and the towns adjacent, and requested if Col. 
Pynchon and the gentlemen of Hampshire county thought it necessary for a garrison 
to be posted at Deerfield until the rivers should be open, that Connecticut would 
supply fifty or sixty men for that purpose and give such further assistance as might 
be needed. War, II, 156. 



1692.] OP CONNECTICUT. 69 

ployed scouting in the townes of the county of Hartford be 
directed in their motions by Col. AUyn and the Assistants on 
the riuer, and the Court will alow three shillings p day a man 
and horss for those that shall be by order imployed in the ser- 
uice as afoarsayd the time they shall be imployed in it. And 
it is allso ordered that if there be any occassion to lead out any 
forces against the enemie to releiue any of our townes or ncigh- 
boures from the county of Hartford, Captain Jonathan Bull 
shall be Capt", L"* Stephen Hollister L^t^ and Joshua Wells 
Ensigne. 

Steuen Burret is approued Capt" of Stratford traine band, 
and James Judson L^t of sayd band, and are to be comissioned 
accordingly. 

This Court order that L"* Nath. Merryman and Ens. Tho. 
Yale shall haue the rule and comand of the traine band of 
Wallingford for the present and till the court shall order 
otherwise. 

This Court doe commissionat M^ Benj. Brewster to be L"' 
of Norwich train band. 

This Court doe nominate and appoynt Joseph Scill to be 
Captain of the train band of Lym. 

This Court doe appoynt M"" Samuel Bryant Capt" of Milford 
traine band. 

This Court doe grant and appoynt M^^ Hannah Williams, 
relict of Augustine Williams of Kenil worth, to make a deed 
of exchange with M"" Josiah Rossl^ter for a parcell of land her 
husband made with M"" Rosseter in his life time and dyed be- 
fore he had opportunity to make deeds for the same. 

This Court grants the widow of Euon Dauys liberty to make 
sale of a small parcell of land in Weathersfeild of her husbands, 
to pay his just debts, with the aduice of Ens. Sandford one of 
the creditors. 

This Court grants Solomon Tracey liberty as he is adminis- 
trator to the estat of Thomas Slueman deceassed, liberty to 
make sale of a house and homsteed amounting to forty pownds 
in the inventory of sayd Slueman, prouided one hundred acres 
of land lyeing in Preston be reserued for the heirs of sayd 
Slueman. 



70 PUBLIC RECORDS [May, 

Ens. Phillip Lewes petitions the Court they would doe him 
justice in the distribution of his fathers estate, the county 
court haucing alotted him a double portion of his fathers 
estate, which being remoued to the Court of Assistants, the 
court granted a distribution of the estate, and thirty pounds 
out of his fathers estate was to be payd him, sayd Phillip Lewes, 
as his portion out of his fathers estate ; this Court haueing 
considered the same doe now order that they see no cause to 
make any alteration in the case from what the Court of Assist- 
ants ordered October last. 

M"" Dauid Reynolds plntf. by way of appeale from the judg- 
ment of the Court of Assistants May 9, 1692, M^ Edward Hil- 
liard and Samuel Preston defend'^'; % in an action of the case 
for non-performance of an awarde made and giuen by M"" Al- 
exander Bryant, M'" Rich^ Edwards, Mi" Jeri. Osborn, bearing 
date August 17, 1691, by which his neglect he hath forfeited 
his the sayd Reinolds bond or obligation to stand to and per- 
form the award of the afoarsayd persons, to the damage of fine 
hundred pounds. In this case the jury at the Court of Assist- 
ants find for the defendant fiue hundred pounds according to 
bond and cost of court; cost allowed to the defendant two 
pounds and three shillings. In this action the Court find for 
the defendant the forfeiture of the bond of fiue hundred 
pownds according to sayd bond and costs of court, yet not- 
withstanding, this Court, being willing to moderate the forfeit- 
ure of the bond by chancering the same, doe order that M"" 
Reinolds payeing the money to Edward Hilliard and Preston 
according to the awarde, and deliuering up Willys his bill of 
ladeing, and Gibses, to the arbitrators or any two of them to 
be endorced and deliuered to Hilliard, with the payment of 
cost of court to the sayd Edward Hilliard, is to be a finall re- 
lease of sayd Reinolds from the forfeiture of his fiue hundred 
pownd bond. Upon faylure of M^ Reinolds accomplishing 
this, the forfeiture of the bond to stand good against M»' Rei- 
nolds and cost allowed by the Court of Assistants two, three 
shillings and cost of this Court six dayes attendance, twelue 
shillings. 

Beuill Waters petitioning this Court that he may haue a 



1692.] OF CONNECTICUT. 71 

hearing at the Court of Assistants of his case that he was not 
allowed to proceed in the Court of Assistants May the 9tii past, 
[233] the Court by their vote determined that || they would 
not grant him any farther heareing but order him to pay John 
Bigelowe twelue shillings cost. 

This Court takeing notice of sundry ill reflections made 
upon the Honoured Governo'' and other members of the court 
in his paper and speeches in court by Beuill Waters doe im- 
pose upon him a fine of fine pownds to be payd to the Colony 
Treasurer. 

This Court doe for the present upon good considerations 
and till farther order free Daniel Braynard from training. 

This Court doe for the present upon good consideration and 
till farther order free Nath. Hubbard from training. 

This Court in order to the petition of the inhabitants of 
Windsor on the east side of Conecticut Riuer that they may 
haue liberty granted that the towne of Windsor may prouide 
two ministers the one to be for them, the Court findeing a 
difficulty ariseing in the case doe not see cause to issue it now, 
but appoynt M^ W™ Pitkin, M^ Tim: Woodbridge, and M^ 
Noadiah Russell, to meet at Windsor and to endeauoure to 
bring the people to a comfortable agreement between tliem- 
selues for setleing the ministry to the best accomadating of the 
people, and to make report thereof to the Court at theire next 
session. The committee to meet on Thursday com seuen- 
night at Windsor. 

W'n Joanes Esq"", plntf. by way of appeale from the judg- 
ment of the Court of Assistants May 9^^ instant, M'' John and 
Steven Meeks defendants, which action is an action is an ac- 
tion of the case for unjust detayning from the sayd W'" and 
Hannah Joanes and other the heirs of the Hon^ie Theophilus 
Eaton, Esq"", sometime of New Hauen, deceased, a lott of two 
acres and its appurtenances, comonly called Whans lott, being 
the lott of their father Theophilus Eaton, Esq"", deceassed, and 
neer his homesteed in New Hauen afoarsayd, to a surrender 
of sayd land or lot with its appurtenances to the plaintifes, 
with costs of court. In this action the Generall Court find 
for the defendants the land in controuersy and cost of courts. 



72 PUBLIC RECORDS [May, 

Cost allowed is fine pownds fowertcen shillings as p bill on 
file.* 

This Court in answer to the petition of Isack Hall, return 
that they cannot see any reason to grant him any farther hear- 
ing of his case, seeing he and his brother haue referred the 
matter to arbitration, and the sayd arbitrators haueing issued 
their matters, and they oblidged to abide by the same, this 
Court doe see no reason to put any interuption to them or 
either of them, but aduise them to walke in loue and peace, 
and to be carefull to attend their respectiue engagements ac- 
cording to the sayd award and their bond. 

Hez. Dickenson appeared before the Court and produced a 
writeing under Jacob Walkers hand, which certifyed that he 
purposed to prosecute his petition he presented to October 
Court last now, and Jacob Walker was called three times and 
appeared not, and Hezikiah Dickeson declared he was unsat- 
isfyed with the issue of the Fayrefeild Court and desired to be 

* John Whan and his wife Lucretia were slaves belonging to Governor Eaton. 
They growing old and the woman being troublesome in the famil_y, the governor built 
for them a small house at the head of his lot and allowed them the use of two acres of 
ground, and they worked for him three days in the week. About 1667, Whan, his 
wife being dead and he intending to go to his own people in New York, sold the land 
to Thomas Jlix, sen., not without the knowledge of William Jones, Esq., who had 
married Hannah Eaton, heiress of all her father's lands in New Haven. At this time 
it was the general custom in Connecticut, which obtained until 1723, "' that the real 
estate of any person, which either by descent or by will became the estate of his 
daughters, whether they were seized of it at the time of their marriage, or whether it 
descended or came to them during their coverture, became thereby the proper and 
sole estate of their husbands, and might be by him alienated or disposed of without 
the knowledge or consent of such wives." It was testified that Mr. Jones promised 
to confirm the title of Mix for forty shillings, which was all or most of it paid, that he 
was present when Thomas Mix lay iipon liis death bed and was making his will, (he 
died about the first of June, 1691,) and that he asked Thomas Jlix to leave this land 
to his son, Stephen, when, for a small consideration, he would remove the incum- 
brance, and that the land was so left. Afterwards, Mrs. Jones, dissatisfied with the 
ahenatiou of the land, brought, wiih the consent other husband, suit for its recovery, 
before New Haven County Court, which decided in her favor, Nov., 1691. The de- 
fendants appealed to the Court of Assistants, and pleaded the Act of Limitation, 
passed May, 1684, (vol. Ill, 147.) The decision of the court below was reversed, and 
the reversal confirmed by the General Court. Misc. II, 1-9. Priv. Controversies, IV, 
92-107. Rec. Co. of Assist., II, 14. Not acquiescing in the result, Mrs. Jones and 
her two sons, John and Isaac, by leave of her husband and their father, in an instru- 
ment dated Maj', 19, 1692, desired it might be recorded that they should stand for 
their right as lawful heirs of the lands of Theophilus Eaton, Esq. Col. Kec. of Deeds, 
&c., II, 215. 



1692.] OP CONNECTICUT. 73 

heard. The Court granted he should haue a hearing thereof 
in October Court next. 

This Court grant Kberty to and impower the administrators 
of the estate of the Reuerend M'' John Whiting to make a dead 
of sale of that land that was sold to Ensign Jacob White and 
John Catlin, for money for the payment of his debts. 

This Court doe order that the Gouerno'' and Councill, con- 
sisting of seuen at least, in the interuales of the Generall Court 
are impowered are impowered to hear and determine all such 
necessary and emergent occassions as shall fall in in the enter- 
ualls of the Generall Court ; and in case by sickness or other 
impediment the Assistants should fayle of coming together, 
this Court doe apoynt that so many of the deputies of the next 
townes shall be called by the Gov or Dept. Gov as may make 
up such number or numbers as shall be wanting, which sayd 
deputies are hereby impowered and required to 'attend in 
councill accordingly. 

Whereas a murder hath been committed neer Norwich in 
the County of New London upon the body of Thomas Wheeler 
by an Indian, as allso seuerall Indians to the number of hue 
wer allso murthered by him, and whereas it hath been reported 
by som that an Indian called the Black Sachem did instigate 
and hire the sayd Indian to commit these murthers, allthough 
the murtherer did kill himselfe, this Court doe therefore ap- 
poynt the worshipfull Capt" Sam'i Mason to cause the sayd 
sachem called the Black Sachem to appeare before him, and if 
upon examination he findes him guilty of being an accessory 
in sayd facts, then to secure him for a tryall, and allso what 
-concernes the Indians this Court leaues it with them to use 
their owne meathodes concerning their affayres. 

This Court doe appoynt Jolm Prentice under the inspection 
of Major Winthrop to bee Captaine of the Forte at New Lon- 
don, and [he] is to be comissionated accordingly. And this 
Court doe grani him the sum of tenn pownds for his seruice 
till the last of October next. 

This Court saw no reason to giue any answer of their sence 
of the law concerning that law an addition to the law, title 
Ministers Mayntenance. 
10 



74 PUBLIC RECORDS [May, 

This Court doe approue Georg Gates to be Capt", James 
Wells Lnt, and Thomas Clark to be Ensign, of Haddum traine 
[band], and order that they be comissionated accordingly. 

This Court doe not see reason to confirm those nominated 
for officers on the east side the riuer at New London at pres- 
ent, but doe appoynt Captain James Auery to be Capt° of sayd 
company, and James Morgan L^^ and John Auery to be En- 
sign of sayd company untill the Honoured Major Generall and 
M"^ Witherell shall see cause to lead them to a new choys of 
officers. 

[234] This Court doe order and appoynt L"' Col. John 
Allyn to take care of Farmington, to lead the traine band 
theire to a choyse of millitary officers, and to doe it so as it 
may be presented to the next session of this Court for con- 
firmation. 

It is ordered by this Court there shall be an abatement upon 
oxen, cowes, and horses, in their price in the list of estate 
twenty shillings apeice or head. 

It is ordered by this Court that the price of the meadow land 
in Weathersfeild, Hartford, and Windsor, shall be abatted 
or brought down ten shillings an acre, euery acre, from the 
price it was at by the last assesment in 76, and the improued 
upland in Weathersfeild and Hartford shall be abatted seuen 
shillings upon the acre, all besides the home lots, and all the 
rest of the lands in the County of Hartford (excepting home 
lots, both meadow and upland^ to be abatted according to this 
proportion of seuen shillings p acre. 

The Generall Court did appoynt the Secret''y to write a con- 
gratulatory letter to S"" W'" Phips, to congratulate his safe.. 
arriuall into this country. 

The Court is adjourned till the Gov or Deputy see cause to 
call it. 

[The following order of this session, found both in the Windsor and the Stanly MSS., 
was omitted from the record.] 

Complaint being made to this Court y*^ divers shoemakers 
doe tann leather and make it into ware whereby y^ sealing of 
such lether according to law is prevented frequently and bad 
leather wrought up to y® greate wrong of y^ buyer thereof, for 
prevention whereof it is now ordered y' y^ lether sealers shall 
haue power to search at any time for such ware shooes or 



1692.] OP CONNECTICUT. 75 

boots, and if they judge ye lether of y^ s^ ware to be insuffi- 
cient they shall seize ye same and it shall be forfeit and dis- 
posed of as unsealed lether y •- is offered to sale unsealed, unless 
it can be made to appeare to y^ sattisfaction of such as haue 
ye determination of ye case y^ ye s^ ware shoes or bootes was 
made of lether lawfully sealed. 



A Speciall Generall Court held at Hartford, June 22th, 

1692. 
Col. Robt. Treat, Esq"-, Gov. Capt. Sam^' Mason, 
W™ Joanes, Esq"^, Dep*^ Gov. Capt. John Burr, 
Major Nathan Gold, M^ W^ Pitkin, 

Lnt Col. John Allyn, M-" Nath. Stanly, 

Capt. Andrew Leete, Capt. Caleb Stanly. 

Capt. James Fitch, 

Deputies. , 

Capt" Cip: Niccols, M^ Stephen Hosmor, for Hartford. 
Mr Henry Woolcot, for Windsor. 
Capt. Robt Wells, L^t Jno Buttolph, for Weathersfeild. 
Lnt Abram Dickerman, for New Hauen. 
Capt. Math. Sherwood, for Fayrefeild. 
M>- Tho. Clarke, M^ Sam'i Newton, for Milford. 
Capt. W"» Curtice, M"" Joseph Curtice, for Stratford. 
M"" Ben. Brewster, Sarj. Rich^ Bushnell, for Norwich. 
Mr Wn Ely, Lf^t Isack Brunson, for Lyme. 
Robt Chapman, for Saybrook. 
Capt. Nath. White, M^ John Hamlin, for Midleton. 
M"" John Yale, for Walhngford. 
Ens. Sam^i Rigs, for Derby. 
Ml" Tho. Heart, M'" John Judd, for Farmington. 
Capt. Jn° Graue, L^t Steph. Bradly, for Guilford. 
L'^t Israel Curtice, for Woodbury. 
M"" John Higly, for Simsbury. * 
M'" Dan. Braynard, for Hadum. 
L°t Eli. Stent, M^ John Frisby, for Brandford. 
Mr Samii Hayes, for Norwalk. 
Mr Tho: Judd, for Waterbury. 



76 PUBLIC RECOEDS [June, 

This Court grants the administrators of the estate of Edward 
Worcester, deceassed, full power to disspose of such lands as 
may be best spared to sale for the payment of just debts, they 
takeing the aduice of Capt. Eben. Johnson and Ens. Riggs 
therein. 

This Court names the towne at Nabuck ouer against 
Weathersfeild, Glassenbury. 

This Court confirmes the former prouission made May last 
for a Councill, to manage the publique affayres of the Colony 
in the interualls of the Generall Court, to stand till October 
next. 

Whereas there are at present in the county of Fayrefeild 
seuerall persons in durance upon capitall crimes, which are 
not soo capeable to be brought to a tryall at the usuall Court 
of Assistants, by reason of the multiplicity of witnesses that 
may be concerned in the case, <fec. this Court doe grant to the 
Governor, Depilty Governo'' and Assistants, to the number of 
seuen at the least, a commission of oyer and terminer, to keep 
a speciall court in Fayrefeild the 2^ Wednesday in December 
next, to hear and determine all such capitall cases and com- 
plaints as shall be brought before the sayd court.* 

* The late William L. Stone, while residing in Hartford as editor of the Connecticut 
Mirror, discovered among a mass of ancient colonial papers in the j)ossession of the 
Wyllys family, a large bundle carefully filed away and labelled Trials for Witchcraft. 
It contained the proceedings of the special court of oyer and terminer held at Fairfield, 
September 19th, 1692. Secretary Allyn obviously made an error in writing December, 
but if the court was held upon the second Wednesday in September, that day came 
on the 14th of the month in 1692. 

The court consisted of Robert Treat, Esq , Governor, William Jones, Esq., Deputy 
Governor, John Allyn, Secretary, Mr. Andrew Leete, Capt. John Burr, Mr. William 
Pitkin, Capt. Moses Mansfield. The grand-jurors impannelled were Mr. Joseph Bay- 
ard, Samuel Ward, Edward Hayward, Peter Ferris, Jonas Waterbury, John Bowers, 
Samuel Sherman, Samuel Galpin, Ebenezer Booth, John Piatt, Christopher Com- 
stock, William Reed. The petit jury were James Beers, Isaac Wheeler, John Osborn, 
John Miles, Ambrose Thompson, John Hubby, John Bowton, Samuel Hayes, Eleazar 
Slawson, John Belding, John Wakermau, Joseph Rowland. 

At this court Mercy Disborough of Compo in Fairfield, goody Miller, goodwife, 
alias Elizabeth, Clawson, and Mrs. Staples, were indicted for familiarity with Satan. 
The testimony introduced in support of the charge was exceedingly voluminous. Mr. 
Stone states that probably 200 depositions were taken, some of which he published in 
the New York Commercial Advertiser for July 14tli and 15th, 1820, and they were re- 
printed in the Neio York Spectator, July 18th, and in the Times and Weekly Advertiser, 
Hartford, August 8th. 1820. 

The evidence was much of the same nature as in other cases of this crime. The 



1692.] OF CONNECTICUT. 77 

This Court ordered that the letter drawn up for S"" W'" 
Phijjs, &c. be signed by the Secretly in the name and by^rder 
of the Generall Court and sent to him the first oppertunety.* 

Upon the petition of the inhabitants of Windsor on the east 
side of Conecticut Riuer, tliat they might procure liberty for 
two ministers for the towne of Windsor setled amongst them, 
to be mayntayned by the whole towne, &c. ; this Court haue- 
ing considered the same doe not finde the estate of that people 
to be such as may at this pJ'sent encourage this Court to grant 

■water ordeal was resorted to, as it had been in Hartford, in 1662 ; four witnesses svvora 
that Mercy Disborough being bound hand and foot and put into the water swam lilie 
a cork, though one labored to press her down. Eliz. Clawson also floated. 

The court assembled again at the same place October 28th, 1692, and further testi- 
mony was taken ; a single deposition taken in this case (which relates to an exam- 
ination of the persons of two of the accused,) remains in our archives, Crimes and 
Misdemeanors, Vol. I, doc. 187. Elizabeth Clawson, goody Miller and Mrs. Staples 
were acquitted. The jury returned that they found Mercy Disborough guilty accord- 
ing to the indictment. Being sent forth upon a second consideration of their verdict, 
they returned that they saw no reason to alter it but found her guilty as before. The 
court approved of their verdict, and the Governor passed sentence of death upon her. 
There was, Mr. Stone says, a memorial to the General Assembly in her behalf, drawn 
up with considerable ingenuity and ability, praying for a pardon, and setting forth 
weighty reasons why it ought to be granted. We may conclude that she escaped 
with her life, unless there was another person of the same name in the town, for the 
Fairfield Probate Records shew that Mercy Disborough, widow of Thomas, was living 
in 1707, when with her son she was appointed to administer on her husband's estate. 

Mr. Stone made use of some of the names and incidents of this trial in the first story 
of his work entitled Tales and Sketches, 2 vols. 12mo., New York, 1834. 

* Sir WiUiam Phips had written June 2d, informing the government of Connecticut 
of his arrival with the Massachusetts charter and of his own appointment as Governor 
of that Province, and also acquainting them that their Majesties had been pleased to 
appoint him their Lieutenant and Commander-in-chief of the militia, and of all the 
forces by sea and land, within their Majesties' several Colonies of Connecticut, Rhode 
Island and Providence Plantations, the Narragausett country or King's Province, and 
Province of New Hampshire. He desired that some fit person should be appointed to 
attend him at Boston with an account of the present state of the militia, forces, forts, 
&c. within Connecticut, and the names of the persons at present in command, direct- 
ing that till there should be a further settlement of the militia, the present officers 
should take effectual care that necessary watches and wards be duly attended. War, 
II, 158. Upon the receipt of this letter Governor Treat convened the General Assem- 
bly. In their answer, which seems to have been drawn by William Pitkin, after 
congratulating him upon his safe arrival, they express surprise at the contents re- 
specting the militia, supposing it well known to his excellency that the government of 
the militia is vested in the Governor and Company here, by charter, who have faith- 
fully used that power; that having no orders from their Majesties directly to them 
they know not where better^to take their directions than from the charter, yet thev 
are willing according to their ability to contribute their aid to any thing tendinf to 
the common safety, and to go their farthest conf^istent with the conservation of their 
charter privileges. War, II, 169. 



78 PUBLIC RECORDS [Jlllie, 

there petition, and therefore the Court doe recommend it to 
the inhabitants of Windsor to a hearty endeaiiour in the first 
place to setle a comfortable mayntenance to their present min- 
ister, and then that they doe freely grant the people on that 
side to prouide for the setlement of a minister on that side in 
some good way of theire one agreement, for this Court sees 
that after a litle patience the necessity of the case will call for 
it, and it will be of necessity two haue two places of pub: wor- 
ship in that towne, one of each side the riuer. 

Ens. Phillip Lewes petitioning this Court for a farther hear- 
ing of the case wherein he is dissatisfyed about his father's 
estate, the Court by their vote declared that they saw no reason 
to giue a farther hearing about it. 



[235] A Generall Court held at Hartford, October 13, 

1692. 
Col. Robt Treat, Esq"" Gov, Capt" Sam'i Mason, 
W™ Joanes, Esq'*,Dep' Gov, M"^ John Burr, 
Mr Samuel Willys, M>- Nath. Stanly, 

Lnt Col. John AUyn, Capt" Caleb Stanly, 

Capt" And: Leete, Capt. Moses Mansfeild. 

Capt" James Fitch, 

Deputies. 
Capt. Cip: Niccols, M^" Stephen Hosmor, for Hartford. 
Mr Henry Wolcot, M^ John Moore, for Windsor. 
Capt° Robt Wells, M"- John Buttolph, for Weathersfeild. 
Lnt Abram Dickerman, M"" John Allyn, for N. Hauen. 
Mr Tho. Clarke, M"" Sam. Newton, for Milford. 
Capt. James Morgan, Ens. Clement Minor, for N. London. 
Mr John Wakeman, M"" Nath. Burr, for Fayrefeild. 
Mr James Judson, Mr Ephraim Stiles, for Stratford. 
Mr Benj. Brewster, Mr Rich'' Bushnell, for Norwich. 
Mr Tho. Yale, for Wallingford. 
Abram Ambler, Dan^' Westcot, for Standford. 
Dan. Braynard, for Haddum. 
Samii Buell, for Kellingworth. 
Ens. Sam'i Rigs, for Derby. 



1692.] 



OP CONNECTICUT 



79 



Capt. James Olmsted, M"" John Piatt, for Norwake. 
Capt. John Graue, L^t Nathan Bradley, for Guilford. 
Deacon W>n Dudley, Deacon W°' Parker, for Saybrook. 
L"t Tho. Heart, Ens. Jn" Judd, for Farmington. 
Lnt Iserall Curtice, for Woodbury. 
Capt. Nath. White, M>- John Hamlin, for Midleton. 
L^i Eben. Stent, M^ John Frizby, for Brandford. 
Ens. Tho. Judd, for Waterbury. 

This Court appoynt Capt. Fitch, Capt. Stanly, Capt. Mans- 
feild, and M"^ Hamlin, to audite the Treasurer's acco*. 

The persons and estates of the Colony and seuerall townes 
are as folio weth, 

Persons. 

274 Hartford, 
290 Windsor, 
316 New Hauen 
173 Fayrefeild, 
102 Norwich, 
120 Guilford, 
110 Midleton, 
075 Lyme, 
052 Woodbury, 



080 Wallingford 



U. s. d. 

16633 00 00 
14339 00 00 
14546 00 00 
10642 00 00 
05569 00 00 
07032 00 00 
05116 00 00 
04438 00 00 
02476 00 00 
03827 00 00 
09171 00 00 



u. 



06155 00 00 
05004 00 00 
02607 00 00 
01640 00 00 
01559 00 00 
02159 00 00 
08384 00 00 
03010 00 00 
04921 00 00 



160 Milford 

088 Stoneington, 04864 00 00 

180 New London, 08799 00 00 



Persons. 

104 Farmington, 
090 Norwalke, 
063 Haddum, 
043 Watterbury, 
037 Derby, 
045 Kenilworth, 
130 Stratford, 
065 Greenwich, 
108 Standford, 
Simsbury, 
201 Weathersfeild, 11198 00 00 
065 Brandford, 03817 00 00 
098 Saybrooke, 05072 00 00 

This Court doe nominate and appoynt Capt" Niccols, M>f 
Steven Hosmor, Leiutenant Buttolp/i, L-^t EH. Stent, and 
Deacon Parker, to perfect those lists that are defectiue and 
allso bring them in to the Court forthwith. 

The Gov^ haueing giuen an acco' how far they haue pro- 
ceeded against Ehz. Clawson and Mercy Disborough by reason 
that the jury could not agree to make a verdict, this Court 
desire the Governo' to appoynt time for the sayd Court to 
meet againe as soone as may be, and that the jury be called 
together and that they make a verdict upon the case and the 
Court to put a finall issue thereto. 

This Court frees W'" Barber, by reason of his woundes and 
ayles that doe attend him, from trayneing and country rates. 

This Court doe grant unto John Woodroofe, executor to 



80 PUBLIC RECOEDS [Oct. 

John Woodroofe deceassed, power to make a deed of sale for 
one acre of land sold by his father to Samuel Woodroofe. 
The parcell of land is one acre of meadow. 

This Court grants the administrators of Georg Sanders lib- 
erty to make sale of so much land as is necessary to pay his 
just debts, which are more then his personall estate, prouided 
what is put to sale be directed by Samuel Wilcoxson and 
Thomas Barber. 

This Court grants Hanah Sandford, widow, of Milford, 
power to make a deed of sale to Georg Clarke, for confirming 
to him his heires and assignes a parcell of land sold to him by 
her husband Sam^i Sandford late of Milford deceassed. 

This Court did see reason to declare that there is a necessity 
of the erecting of a bridg at Wallingford ouer New Hauen 
Riuer. 

This Court orders that the people of New Hauen and Wal- 
lingford shall forthwith build a sufficient horse bridge ouer 
New Hauen Riuer at the place where Brockets bridg bridge 
formerly stood, and if in case they may see reason to build a 
cart bridg they may doe it, and that it may be mayntayned for 
the future by the two townes in good repayre by equall pro- 
portion according to the list of their estates in each towne. 

This Court grants the constable of Haddam, James Wells, 
20s. with the Treasurer for loss of corne in the country rate 
in his yeare. 

[236] Whereas in the law, title Millitary Affayres, paragraph 
the 4th ^ it is sayd that all the souldiers in this Jurisdiction 
shall be trayned at least six times within the year, in the 
moneths of March, Aprill, May, September, October, and Nou- 
embcr, by and according to the appoyntment of their captain 
or other chcife officer, it is now by this Court ordered that it 
shall be in the power of the cheife millitary officer to call them 
forth in each of the moneths aboue n^,jned, or in any one of 
them, as he shall see most advantagious. 

As an adition to the law, title Rates, fo. 61, it is now by this 
Court ordered that such catle as are left out of the list shall 
be forfeited, or the value of them as tliey are valued in the list 
of estates, prouided all such complaints be prosecuted within 
one twelue monetli after such neglects or forfeitures. 



1692.] OF CONNECTICUT. 81 

This Court orders that in case New Hauen and Wallingford 
doe not make theire bridge pasable for horse and foote ouer 
New Hanen Riu'er betwin this and the midle of December 
next, they shall pay hue pounds a moneth to the pub: treasury 
as a forfeiture for their neglect till they do so finish the sayd 
bridge. 

Whereas this Court haue formerly ordered that such as 
neglect to giue in a true account of their cattell, swine, and 
horses, they shall be forfeited as the law directs, this Court as 
an adition to the sayd order now see cause to order that theire 
shall be one man in each town in this Colony chosen by the 
towne and sworn by the authority to present all such persons 
as shall neglect to giue in a true account of their stockes and 
cattell, to the next county court in the county, whoe are to 
take such forfeitures or the value of them as shall be proued 
before them and diuide it according 'to lawe. 

You A. B. being chosen to present all such person or per- 
sons as shall neglect to giue in a true acco^ of theire stocks of 
cattell horss and swine to the list makers according to law doe 
swear by the name of God that you will without fauoure and 
affection attend the duty of your place ; so help you God in our 
Lord Jesus. 

It is allso ordered by this Court that if any chosen to attend 
this office and take this office and take the oath, he shall pay 
a fine of fourty shillings to the towne treasury if he refuse to 
accept of the place and take the oath. 

This Court ordered that for and after the next election the 
nomination for Assistants shall be as formerly made by the 
Generall Court in October annually, onely all those that stand 
for nomination shall pass through the election, and those that 
shall haue the most voatcs for to be Assistants shall be declared 
to be Assistants for the year ensueing. 

This Court grant unto Evert Ryder the sume of twenty 
eight pownds and thiiM:een shillings in country pay for the 
damage our souldiers and their horses did him there. 

This Court grant unto Stephen Peirc, late constable of 
Derby, the sume of forty shillings which he hath not as yet 
payd to the treasurer, that the treasurer allow it him on the 
acco* as payd. 

11 



82 PUBLIC RECORDS [Oct. 

M" Elizebeth Wheeler is plaintife by way of appeale from 
the Court of Assistants October 6*, 1692, and Samuel Bebee 
defendant, which action was an action of debt due for a cer- 
tain quantity of lihd. staues sold by sayd Bebee to her sayd 
Elizabeth her late husband, debt and damage twenty pownd ; 
in which action the jury found at New London for Beebe the 
plntf. the price of fower thousand staues and cost of court one 
pownd ten and six pence, the same verdict was brought in 
agayn by the jury that they [found] for the defendant the 
price of the hhd. staues and cost of court. In this action the 
court find for the plntf. cost of court this court. Cost allowed 
fower pownds eight and six pence. 

This Court grant unto Thomas Morgan three pownds for a 
horss he lost in the seruice of the country in S^ Edmunds 
time. 

This Court orders that. the constables shall make up their 
payments to the treasurer of their country rates and their 
accounts, some time in the moneth of June or sooner annu- 
ally, and the constables are to be allowed for their coming up 
to make their acco'^^ ^p with the treasurer in the moneth of 
June post wages. This order to be attended upon the former 
penalty. 

This Court haueing heard and considered the matter of 
Wallingford in respect of their millitary officers, doe declare 
that they cannot see reason to confirm the former choyse of 
military officers formerly, but doe order and appoynt Ln^ Col. 
John AUyn and Capt. Caleb Stanly in som convenient time to 
appoynt a meeting of the trayne souldiers in Wallingford, and 
to lead them to an orderly choyse of a captain, liuetenant, and 
ensign, and sarjts, and they are to receiue blanck commissions 
[237] from the Gov, and upon the choys, if they approue || of 
the sayd choyse, they are to deliuer such as shall be chosen 
commissions impowering of them to take the charge of the 
traine band of Wallingford under their care and disciplin ac- 
cording to law. 

This Court takeing notice that former ordei^ respecting 
taners have not been sufficient to prevent inconvenience that 
doe arise by their unskillfullnes in that mistery or trade of 



1692.] OP CONNECTICUT. 83 

tailing that doe use it, for the prevention whereof, tliis Court 
doe order that after the publication hereof no person whatso- 
euer shall set up any tan vatts, or exercise or use that trade, 
without he doe manifest his skill to the county court and to 
obtayn their liberty to set up and manage that trade and 
attend order in the management thereof, upon the penalty of 
the forfeiture of fifty pownds, the one halfe to the pub: treas- 
ury and the other halfe to the complayners and prosecutors 
thereof. 

Upon the application of the towne of Windham, this Court 
doe see reason to order that for the present and untill other 
order be made the rates of the plantation for the ministry and 
other towne charges be raysed upon lands according to the 
agreement of the proprietors of the sayd land. 

This Court upon the motion of the inhabitants of Preston 
did see reason to appoynt Mi" Samuel Chester of New London 
and Mr John Post, with L»t Tho. Leffingwell, they or any two 
of them, to lay out the line between Preston and Stoneington 
according to the former grants of this Court. 

This Court grants M"" Underbill of Rye thirty shillings for 
his expence at the court, to be payd at Standford out of the 
country rate, and to Zachary Roberts out of the same rate 
fifteen shillings for his expcnces this court. 

There being a petition presented to this court by the church 
£f Windsor wherein they alledg that they are kept out of a 
certain parcell or tract of meadow and swamp bequeathed to 
them by M^s Jane Hosford, the land being in the hands of some 
of John Hosfords heirs who object that sayd M" Jane Hosford 
is not deceassed, this Court considering that M^^ Hosford was 
aged when she went to England and hath been there for neer 
the space of forty yeares and not heard of for some yeares past, 
this Court see cause to declare that except it can be made to 
appear that she is aliuc or hath been heard of to be aliue with- 
in seuen yeares past, this Court see cause to declare that except 
it can he made to appear that she is aliue or hath been heard of 
to he aliue ivithin some yeares past, she shall be deemed to be 
dead in law. 

This Court appoynts Ens. Nathan Gold, L»t Cornelius Hull, 



84 PUBLIC RECORDS [Oct. 

and Mr John Wakeman, they or any two of them, to lay out 
to M"* John Burr and the heirs of M"" Jehue Burr their respectr- 
iue grants of land according to their grants. 

Mr Nathan Gold jun'" and M^ John Wakeman are by this 
Court appoynted to lay out to L°t Hull his grant of land ac- 
cording to his grant. 

This Court grant a rate of three pence upon the pownd of 
all the rateable estate in the Colony, to be payd in good mer- 
chantable wheat at 4s. 6d. p bushell, pease and rye at three 
shillings p bushell, and Indian corne at 2s. 6d. p bushell, and 
porck at SI. 10s. p barell, beife forty shillings p barell, all well 
repact. 

This Courts grants the Governo'' his sallery the sume of one 
hundred pownds for this year. 

This Court grants the Dep^ Governo'" for his sallery the 
sume of forty powndes for this yeare. 

This Court grants the Secretary for his sallary the sunie of 
twenty fine pownds for this yeare. 

And the Marshall is allowed fifteen pownds for his sallary 
this year, and to the prison keeper for his sallary this yeare 
and to thepi'ison keeper for his sallary the sume of tenn pownds. 

The Court grants Major Gold fifteen pownd for his seruice 
this yeare. 

This Court grants fine pownds towards the building of a 
well for the prison, the rest to be at the charge of Hartford 
county to finish it. 

Whereas it canot but be expected that in the interualls of 
the Generall Court there may occasions fall in which may call 
for consideration and determination, this Court doe therfore 
order that whatsoeuer matter of difficulty and emergency falls 
in between this and the Court of Election in May next this 
Court leaues it with the Governor or Deputy Governor and 
the Assistants that shall be conveened, prouided there be seuen 
with the Governor or Deputy Governor, but in case their 
should fayle a number of Assistants, the Govr is to make up 
their number out of the deputies of the three townes, viz. 
Hartford, Windsor and Weathersfeild, to consider and issue 
the same, allwayes prouided they doe not intermedle with the 



1692.] ■ OP CONNECTICUT. 85 

altering or parting with any of onr charter rights and priiii- 
ledges without the consent and appoyntment of our Generall 
Court. 

This Court by their voat did approue of the letter drawn up 
for S*" W™ Phips, and order it to be signed by the Secretary in 
the name of the Governo'" and Court and sent to S"" W'" Phips. 

This Court by their vote did .approue of the addresse drawn 
up by this Court and order it to be signed by the Secretary 
in the name of the Governo'' and Court. 

Whereas complaynt is exhibited to this Court of difficulties 
and obstructions in the country roade between the townes of 
Saybrook and Kenil worth, this Court haueing considered the 
premises and seeing absolute nece^ity of a speedy redresse in 
the case, doe order and appoynt Capt. John Graue and L""- 
Steuen Bradley of Guilford, John Whitlesey sen"", and John 
Parker sen^, of Saybrooke, Samuel Buell sen"" and John Gris- 
wold of Kenilworth, to be a comittee to suruay and setle the 
sayd roade in as straight a line as they can from Saybrooke mill, 
viz. L"t Joanes mill, to aboue sayd Samuell Buells house in 
Kenilworth, or in the most convenient place they can finde for 
[238] the end || afoarsayd, and Kenilworth people to make and 
mayntaine the bridg ouer Eight Mill Bluer in what place sayd 
comitte shall appoynt ; and the sayd road being setled by the 
committe, Saybrook and Kenilworth people are hereby ordered 
and required forthwith to clear the sayd road and marke it 
out in their respectiue bownds according to law, the charge of 
the aboue sayd committee to be equally defrayed by sayd 
townes of Saybrook and Kenilworth. 

This Court by their vote did declare that all fence-veiwers 
for the future be under oath. 

This Court grants liberty to M' Thomas Wells to pass ouer 
one acre and rood of meadow to M'^ Bidwell, the relict of John 
Bidwell, for the heirs of s'' John Bidwell. 

Whereas information is giuen to this Court the branders 
hath taken branded and sold horses branded and markt and 
put the town brand on them, this Court judg it illegall and 
contrary to law, and that due care be taken by the authority 
to suppress and prevent such irregularities and that they be 
cryed according to former order. 



86 PUBLIC RECORDS [Oct. 

This Court upon request of Owanecoe doe fully approue of 
those lands of Uncass which wore by him giuen to Josiah, 
whoe is since deceassed, be and belong to Mawhumett for the 
future, and doe declare that Mawhomet is and ought to be 
the next rightfuU sachem of Mowheeg after Owanecoe.* 

And whereas Owanecoe hath desired that his fathers lands 
recorded to him may be confirmed to him and his son Ma- 
homet, and that they may not pass it away to any without it 
be by the consent of Capt" Samuel Mason and be acknowledged 
before him, which this Court allowes of. 

Whereas Cassinimon is deceassed and the Pequots thereby 
destitute of a present Governo'", this Court doe nominate, ap- 
poynt, and impower, Daniel^ and Mamohoe to be cheife rulers 
and governo''^ of the Pequotts, whoe are required to obey them 
as their Governo f^ and to attend such orders and directions as 
they shall receiue from them, and this Court doe appoynt 
Tonmanquorit, Mishshunck, Quashshewitt, Pishownooh, Chee- 
gorup, Ephraim, Negonood, Weantaquanteag, to be counsello'"s 
unto the sayd Daniel and Mamahoe, and assistants to them in 
the goverment of sayd Pequits, and according as any difficulties 
shall arise amongst tliem they are to repayre to Capt. Sam^i 
Mason,* Capt. James Morgan, Capt" John Stanton, and L^t 
John Morgan, for their aduice and direction in theire affayres ; 
and this Court desires all the Pequits to carry it respectiuely 
towards Kutchamaquan, Mawmochoes son, who is looked upon 
as the next person in the gouerment if God please to quallify 
him for it. 

This Court do grant their countenance to Joseph the son of 
Cattapeset, and doe acco"^ him to be the next heire of his father, 
and that his fathers lands doe properly belong to him as heire, 
and it is the pleasure of the Court that Ninicroft doe not in- 
terupt Joseph right of lands or hunting upon them without 
sayd Josephs consent and rendering him his dues. 

The Court is adjourned till the Gov or Dep^ see cause to 
call them againe. 

* Upon Owanecoe's request, the General Assembly, Oct. 19tli, 1692, allowed the 
genealogy of Uncas to be recorded. Colony Record of Deeds &c. iii, 312. The gene- 
alogy is printed in the N. E. Genealogical Register, x, 227. 



1692-3.] OF CONNECTICUT. 87 

A Speciall Generall Court held at Hartford, February 

21, 1693. 
Col. Rob. Treat, Esq^, Gov. 
W™ Joanes, Escf, Dept Gov^. 
Major Nathan Gold, Capt. Samii Mason, 

Lnt Col. John Allyn, Capt. Dan. Witherle, 

M^ Nath. Stanly, M-" W™ Pitkin, 

Capt. Caleb Stanly, Capt. Moses Mansfeild, 

Deputies. 
Capt. Cip. Nicolls, M"" Steven Hosmor, for Hartford. 
M"" Henry Woolcot, M"" John Moore, for Windsor. 
Capt. Robt Wells, for Weathersfeild. 
M"" John Wells, for New Hauen. 
M^ Tho. Clark, M^ Sam'i Newton, for Milford. 
Mr Nath. White, M-- John Hamlin, for Midleton. 

This Court made choyse of M^" W™ Whiting to be Marshall 
for this Colony for the future,*' 

The Gouerno'' haueing presented to this Court a letter from 
some gent" of New York, dated Feb. 15*^^ 169f, informing 
that the French and Indians haue inuaded a part of their 
Maties dominions and are in posession of two of the nccrest of 
the Maquas castles, and desireing us to send to their ayde forth- 
with two hundred men with armes ammunition and prouission, 
the Court, haueing considered the premises, doe order that 
forthwith theire be one hundred and fifty men raysed with 
armes ammunition and prouission, and that fifty of them be 
dragoones, and upon their march forthwith to Albany, and the 
Governo'" and Councill are hereby authorized to disspatch away 
the whole one hundred and fifty to Albany or clswhere accord- 
ing to their best discression for [their] Ma^'es interest and 
seruice as may be most conuenient and aduantagious in their 
judgments to repell, kill, and destroy the enemy, as they may, 
as allso to giue such commissions, orders, and instructions, for 
the expedition or return, as they shall haue intelligence of the 
enemies remayning or being departed out of their Ma^'^s 
dominions. 

* George Graves, ihe former Marshall died December 3, 1692. 



88 PUBLIC RECORDS [February, 

[239] New Hauens proportion for this expedition is thirty 
seuen, Fayrefeild Connty is thirty fine, New London Countyes 
proportion is twenty eight. 

John Miles is appoynted Capt" for the sayd company, James 
Benit is appoynted Liutenant- for the sayd company, and Ma- 
nassah Minor Ensigne.. 

This Court for the more speedy expedition did order that 
the troope, to the number of fifty of them besides officers, and 
are to be upon their march fortliwith, and to meet at Hartford 
compleat in their armes tomorrow, furnished for a march, and 
to receive their orders of the Governor and Councill, and the 
sayd Capt. of the s*^ troop is to summon the troop to meet as 
afoars'i by ten of the clock in the morning. 

This Court made choyse of Capt" Caleb Standly Commisary 
for the Colony and county of Hartford, and John Winston junf 
is chosen comissary for the county of Now.Hauen, and M"" 
John Burr is chosen for Fayrefeild county, and M"" Richard 
Christopher is appoynted Comisary for New London county. 

This Court grants M"" Richard Edwards hue pownds in 
money, or seuen pownds ten shillings in pay, for damage he 
receiued in porck in that he let the country haue, and whereas 
he hath lent his sister a bed and som couering in prison, the 
court refer it to the Assistants upon the place to consider of 
the same and to allow unto him what is necessary for it. 

Whereas this Court arc credibly informed that some persons 
in seuerall townes of this Colony disafected to the present gov- 
erment haue opposed and threatned the constables and other 
officers in discharge of their office and collecting the Colony 
rates and other rates, in the contempt of the present goverment 
and against the peace of our souereign Lord and Lady the 
King and Queens Ma^'^s, and to the great offence and discour- 
agement of theire Maties loyall and good subjects ; this Court 
doe therefore order that the authority in each county of this 
Colony, or some of them as there may be need, doe take due 
care to proceed against such offenders according to law, for 
prevention of such misdemeano'"s for the future and preserua- 
tion of the peace. 



1692-3.] OF CONNECTICUT. 89 

A Generall Court held at Hartford by speciall order 
FROM the Gov, March 6, 169|. 
Col. Robt Treat, Esqs Gov, 
W'" Joanes, Esq"", Dep. Go. 

Lnt Col. John Allyn, M"- Nath. Stanly, 

Capt. James Fitch, Capt. Caleb Stanly, 

Capt. John Burr, Capt. Moses Mansfeild. 

Mr W"i Pitkin, 

Deputies. 
M"" Cip. Niccols, M^" Steph. Hosmor, for Hartford. 
Mr Henry Woolcot, M"" John Moore, for Windsor. 
Capt. Eobt Wells, for Weathersfeild. 
Lnt Abram Dickerman, M^ John Allyn, for N. Hauen. 
Mr Tho. Clarke, M^ Sam. Newton, for Milford. 
M'' Nath. Burr, for Fayrefeild. 
M"" Ephraim Stiles, for Stratford. 
Capt. Nath. White, M-" John Hamhn, for Midleton. 
L""^ Tho. Heart, Ens. John Jud, for Parmington. 
Sarj. Richard Bushnel, for Norwich. 
M>- John Piatt, for Norwalk. 
Capt" John Graue, for Guilford. 
Capt. Tho. Yale, for Walingford. 

The Gouerno'' informed the Court that the occasion of the 
calling the Court now to meet was that he had receiucd a let- 
ter from Sf W'" Phips, which was brought hither by the Hon- 
oured Col. Pynchon and Capt^ Cook, demanding o"" assistance 
with a hundred men and fifty Indians, which letter was read 
in court and considered by the court. 

The Generall Court by their voate granted that a captains 
company of sixty fower men shall be sent to joyne with the 
Massachusets in the present expedition against the enemie to 
the eastward, to defeat them of their fishing and planting if it 
may be. 

The Court appoynt W"^ Whiting Capt" of this company, and 
Stephen Hollister Leiutenant, to be L"' for the sayd company, 
and Jos. Curtice of Stratford Ensigne. 

This Court granted that thirty Indians should be sent out 
12 



90 PUBLIC RECORDS [Marcli, 

allso upon this expedition. This Court left it with Capt" 
Fitch, Capt" Mason, and Capt" Witherell, to procure a suita- 
ble man to lead them forth in this seruice. 

The Court allowes euery priuate souldier ten shillings p 
week for this expedition, the corporals eleuen shillings p week, 
sarjts twelue shillings p weeke, ensignes sixteen shillings p 
week, l"t» nineteen shillings p week, the capt" is allowed 2Ss. 
p week for this expeditio. The Indians are to be allowed six 
shillings p week in paye. 

M^" Ickabod Wells is appoynted to be Comissary for this ex- 
pedition and is allowed eighteen shillings p week. 

This Court allowes the seuerall souldiers that goe forth 
upon this expedition a monthes credit to prepare themselues 
for this seruice. 

This Court uoted that forty or fifty men should be prepared 
and sent up to the upper townes to garison those townes, if oc- 
[240] casion be for it, and they send for them and will || mayn- 
taine them with prouission suitably at their and their Colonycs 
charge. Allso, if any invassion should be made upon the said 
uper townes by the comon enemy, that one hundred or one 
hundred and fifty men shall be sent to their releife. 

This Court granted M"" W™ Gibons fine pownds in cash, or 
seuen pownd ten in pay, for the ten barrells of porck we recc^ 
of him upon the countryes acco', as we granted M"" Edwards 
upon the same acco*. 

Whatsoeuer shall be necessary to be done for the manage- 
ment of this affayre we are engaget^ in, this Court impowers 
the Governo'" and Councill to order and disspatch the same ac- 
cording to their best skill and abillity. 

This Court grants a rate of a penny upon the pownd of all 
the rateable estate in the Colony, upon the credit of which the 
Court doe order the Treasurer for our present necessity to 
borrow some money upon reasonable use, as he shall receiue 
directions from the Gov and Councill. 

This Court approues of the letter drawn to his Excelency S"" 
W™ Phips and hauing appoynted M*" Natli. Stanly and Capt. 
W" Whiting to wayte upon his Excelency they doc order the 
Secretary to signe the letter in the name of the Court, and 



1692-3.] OP CONNECTICUT. 91 

giue it then to the sayd Stanly to conuay it and deliuer it his 
Excelency, and the Court approues of the instructions drawn 
up for them and the Secretary is to signe it in the name of the 
Court, whoe are to return w^h all speed. 



A Court of Election held at Hartford, May 11'^^ 1693. 

These were nominated to stand for election. 
Col. Robt. Treat, Esq"-, W™ Joanes, Esq--, M"- Samuel Willys, 
Majr Nathan Gold, L. Col. John Allyn, Capt. Andrew Leet, 
Capt. James Fitch, Capt. Sam. Mason, Capt. John Bur, Capt. 
Dan. Witherell, M>- W"' Pitkin, M"" Nath. Stanly, Capt. Caleb 
Stanly, Capt. Moses Mansfeild, Major Gen'i John Winthrop, 
Doctor Thomas Hooker, Capt. John Stanly, M^ John Moore, 
M"" Henry Woolcot, M^ Tho. Trowbridge, M^ John Hamlin. 
These were elected. 

Col. Rob' Treat, Esq-- Gov, 

W'n Joanes, Esq^Dep' Gov, 
Major Nathan Gold, Capt. Dan'i Witherell, ' 

Lt Col. John Allyn, and Secy, M^ W'" Pitkin, 
Capt. Andrew Leet, M^ Nath. Stanly, 

Capt. James Fitch, " Capt. Caleb Stanly, 

Capt. Sam'i Mason, Capt. Moses Mansfeild. 

Capt. John Burr, Major Gen^ Jn" Winthrop,* 

Capt. Jos. Whitting, Treasurer. 
The Deputies of the Court are, 
Capt. Cip. Niccols, M'' Steven Hosmor, for Hartford. 
Mr Henry Woolcot, Capt. Jos. Fitch, for Windsor. 
Mr' James Treate, for Wethersfeild. 

Lnt Abraham Dickerman, M^ John Allyn, for New Hauen. 
Mr Tho. Clark, M-^ Sam^ Newton, for Milford. 
Mr Richard Christophers, -Mr Samuel Auery, for New London. 
Mr Tho. LefiEingwell, Mr Richard Bushnell, for Norwich. 
Capt. Benj. Brewster, L"' John Morgan, for Preston. 
L"' John Higley, for Simsbury. 
Capt. Tho. Yale, Ens. Nath. Royce, for Walhngford. 

* Elected in place of Samuel Wyllys, Esq. 



92 PUBLIC RECORDS [May, 

M"" Wm Ely, L"^ Isac Brimson, for Lyme. 

Lnt Henery Crane, for Kellingworth. 

Deacon W™ Parker, M"^ Robt Chapman, for Saybrooke. 

Capt. John Stanly, L^t Thomas Heart, for Farmington. 

L°t Israel Curtice, for Woodbury. 

Lnt John Stanly, for Waterbury. 

Lnt John Bower, M"" Samuel Peck, for Greenwich. 

Capt. Nath. White, M"" John Hamlin, for Miclleton. 

Mr Dan'i Braynard, for Haddum. 

Capt. Greorg Dcnison, M"" Nehcmiah Palmer, for Stonington. 

Capt. John Graue, L"* Stey. Bradly, for Guilford. 

[241] II Samii Hayes, Sam" Betts, for Norwalk. 

Capt. Eben. Johnson, for Norwalk.* 

M'' Samuel Hoyte, for Stanford. 

M"" Isack Wheeler, for Fayrefeild. 

Mf Joseph Curtice, M^ Sam. Sherman, for Stratford. 

Mr W"' Ely,t for Brandford. 

These were chosen Commissioners for the year ensueing : 
Mr Henry Woolcot [and M^ John More,]$ are appoynted Com- 
missioners for Windsor, and M"" John Higly, for Simsbury ; 
Capt. John Chester, L'^t Treat, Capt. Robt. Wells, for Weath- 
ersfeild ; Capt. Nath. White, M"- John Hamlin, M"^ W'" Cheeny, 
for Midleton; Capt. Stanly and L'^t^ Tho. Heart, for Farming- 
ton; Ens. Tho. Jud, for Waterbury; M"- Eli. Kimberly, for 
Glassenbury ; Capt. Georg Gates, for Hadum; Capt. Benj. 
Bruster, for Norwich and Preston ; M"" John Birchwood, Nor- 
wich ; Capt. James Auery and M^" Rich^^ Christophers, for 
New London ; M"" Mathew Griswold and M^ W'" Ely, for Lyme ; 
Mr Nath. Lyne, M"" W'" Dudley, for Saybrook; L^t Henry 
Crane, for Kellingworth; M"" W'" Maultbey and L"* Ebenezer 
Stint, for Brandford ; M'" Tho. Trowbridg, Com^ for New 
Hauen ; M'" Tho. Clark and M^ Alexander Bryant, for Milford ; 
Capt. Tho. Yale and M^ John Moss, for Wallingford ; Capt. 
Eben. Johnson, for Derby; Capt. Minor and Israel Curtice, for 
Woodbury; Capt. W'" Curtice, M' Jeremi Judson and M^ 



* A slip of Secretary Allyn's pen for Derby. 

f Thus in the record, — perhaps we should read, Eleazar Stent. 

\ Windsor MS. 



1693.] OF 'CONNECTICUT. 93 

Joseph Curtice, for Stratford ; M"" Nathan Gold, for Fayrefeild ; 
Capt. Thomas Fitch, Capt" James Ohnsted, for Norwall?: ; 
-Capt" Jonathan Silleck and L>it Jonath. Bell, for Standford ; 
M'' John Reinolds, for Greenwich ; M"" James Beebe, for Dan- 
bury ; M"" Joshua Riply, for Windham. 

Major Gold is by this Court appoynted to administer the 
oath of a Comission"" to those in the county of Fayrefeild at 
Fayrefeild, Norwalk, Standford, and Greenwich. Capt. Stanly 
to administer the oath of a Com"' unto Ensigne Tho. Judd. 
Lnt Curtice to administer the oath of a Com^ to Capt. Minor. 

The Court appoynt the Dept. "Gov to administer the oath 
of Assistant to M"" Leete, and of a Commissionei^ to M^ Tho. 
Trowbridge, and M^ Hamlin to administer the Com>"s oath to 
M"" Cheny, and M^" Ely to administer the oath of a Commis- 
sioner to Capt, Gates, M.^ Joseph Curtice to administer the 
oath of Comt" to Capt. Curtice and M^ Jeremy Judson, and 
Capt. Yale to administer the oath of a Gonv to M' Mosse, M' 
Fitch to administer the oath of a Com^" to M^" Birchwood, Capt. 
Olmsted to administer the oath of a Comi" to M"" James Bebe, 
Capt. Mason and Capt. Witherell to administer the oath of an 
Assistant to Major Generall Winthrop. 
/ M"" Samuel Newton is chosen L^tj and M"" Georg Clark is 
' chosen Ensigne of Milford traine band and approued by this 
Court, and are to be commissionated accordingly. 

M'' Benjamin Bruster is approued Capt., W"' Baccuss L"t^ 
and Richard Bushnell Ensign, of the sayd company of Nor- 
wich, who are to be commissionated accordingly. 

Thomas Auery is approued to be Capt" of the traine band of 
New London on the east side the riuer, and John Morgan h^^, 
and John Auery Ensigne of sayd company, and are to be com- 
missionated accordingly. 

Upon the motion of Benjamin Barnes and Thomas Judd, 
administrators to the estate of John Carington, that they might 
haue power to disspose of the lands of sayd Carrington to sale 
as necessity requires, to the sattisfaction of his just debts, this 
Court doe grant their request and impower them so to doe. 

This Court grants Phillip Lewes liberty to prosecute his 
appeale that was before the Court of Assistants at the Court of 



94 PUBLIC RECORDS [May, 

Assistants October next, he being prouidentially hindered by- 
sickness for attending the last Court to prosecute his appealo. 

This Court doe desire and appoynt Major Gold and M"" Bur, 
M'" Joseph Curtice and M'' Bastard, they or any two of them, 
to make up the acco^s between the Colony and M^" Richard 
Blackleach and M'^ Trowbridg or any other. 

Mr Joseph Bull applyeing himselfe to this Court that they 
would consent unto a leese he hath made w''^ Obed and the 
Nahantick Indians for the herbeag of one hundred acres of 
land, which is granted, prouided it be not preengaged, he sayd 
Bull not to hinder their plowing and planting. 
[242] It is ordered by the authority of this Court that the 
Commissioners in the seuerall plantations in this Colony each 
and euery of them haue and shall haue and exercise full 
magistraticall power within their seuerall plantations ii; all 
matters and things proper to their cognizance according to 
law, and are farther impowred to grant writts for prosecution 
in all cases within sayd towne for the county courts as shall 
be desired of them, and if need be shall and may sit in sayd 
courts when called so to doe by the superior magistrate to 
assist there in judicature. 

Whereas Nath. Lyndes hath appeared in Court shewing his 
desires and expectations of the Court to vindicate their grants 
to Col. Fenwick as they stand upon publique record, and re- 
porting unto us that there is something like a record in the 
town booke of Saybrook of a towne highway through those 
lands that were allowed by the Colony to Col. Fenwick with- 
out any mention of such towne highway, this Court see cause 
to recomend it to the towne of Saybrook as that which to us 
at present appeareth rationall that that writeing be so far made 
null and voyd as it disagreeth with those reserues, otherwise 
that the towne by some meet agreement doe appeare at the 
next Grenerall Assembly in October next to make appeare the 
necessity and righteousnes of a towne highway through those 
lands. 

. M"" Buckingham haueing moued this Court that there may 
be a suspensation of makeing any deeds or convayances of lands 
claymed by some to he Vncases or Owanecoes on the one part, 



1693.] OF CONNECTICUT. 95 

and of lands claymed to be Joshuas on the other part, the 
Court grants the same and order a farther hearing in October 
next. 

Whereas Sam'i Bristoll made sale of a smale parcell of land 
to John Monger and gaue no deed of sale for the same, this 
Court now doe order that the administrator or executor of the 
estate of sayd Samuel Bristoll doe giue deeds of sale to the 
sayd John Monger for the sayd smale parcell of land,' which is 
six square rods of land, and for the confirming it to him his 
heirs and assignes for euer. 

The Court ordered that the Governo'' of the Massachusets 
should be sent unto and desired to joyne with us to runn the 
line between the Prouince of the Massachusetts and this Colo- 
ny, and M"" W'" Pitkin senr, M"" Samuel Chester, and Capt. 
W"" Whiting, they or any two of them, to run and state the 
line between the Prouince of the Massachusets and this Colony 
in the best way and manor they can, with the assistants of 
those that shall be appoynted by his Excellency, and they to 
begin there rise three miles to the sowth of the sowthermost 
part of Charles Riuer, and to run to the west so far till they 
come to the western part of Simsbury. 

This Court grants the administrator of the estate of Joseph 
Fen power to make a deed of sale to Joseph Baldwin for the 
sayd parcell of land that Joseph Fenn mad sale to the sayd 
Bald wine, prouided the Gov and M"" Tho. Clarke find that the 
sayd Fenn did sell the land before his deceasse. 

This Court appoynts Capt" Stanly and L^t Heart to return 
the thankes of this Court to the Reuerend M"" Samuel Hooker 
for his great paynes in preaching the election sermon, and that 
they desire him to grant a coppy thereof to be dissposed and 
improued by the Generall Court for the peoples good. 

This Court by their vote declared that they did not see rea- 
son to grant any farther ayd to New Yorke by money. 

This Court upon the petition of M"" Kimberly in the behalfe 
of Glasenbury people, that they might haue liberty to enter 
into church fellowship and that they might haue there minis- 
ter to be ordeyned there, the Court grants their request they 
attending the law in the management thereof. 



96 PUBLIC RECORDS [May, 

[243] Whereas there is a question arisen concerning the law, 
title Fences, where there is an allowance granted of fowcr foot 
for a ditch from the diuident line for either of the bordering 
parties where there proportion of fences belong to them, some 
being of opinion that the law allowes the bordering parties to 
improue the fower foote allowed for a diich may bee improiied 
for a ditch or to lay the banck on, this Court declares the 
fower foot mentioned in sayd law is onely to be improued for 
a ditch, and that [is] the intent of the afoarsayd law title 
Fence, and for the banck it is to be thrown on their owne land 
who make the ditch. 

There being a difference between Stoneington and Preston 
about their bownds, it appearing by the testimony of Capt" 
James Auery and Mr. Chester that the north-west corner of 
Stoneington bownds is a white oak tree marked with ten 
notches, which they lately saw and renewed the markes on 
sayd tree, and that from sayd corner tree they are to run a due 
east line the whole bredth of their bownds, which is according 
to their grant, and is the north bownds between Stoneington 
and Preston. This Court allso ordered that whereas Stoneing- 
ton people haue made some i-tnprouement upon the lands that 
falls within Preston Bownds the present proprietors of such 
lands are still to enjoy their land there layd out to them as 
their propriety, they complying with Preston in their payment 
of rates and towne affayres. 

This Court grants the Reverend M«" Jeremy Peck two hun- 
dred acres of land for a farme, prouided he take it up where it 
may not be prejudiciall to any former grant or plantation. 

Whereas there is about fifty acres of rocky and uneuen land 
that lyes of each side of the upper side of a peice of meadow 
which were layd out to M"" Jehue Burr and M^ John Burr, this 
Court now grant that rocky and uneuen lands to the sayd M^" 
Jehu and M"" John Bur and to their heires foreuer. 

The return of the committe for the laying out of the road 
or way between Saybrook and Kenilworth being read in Court 
was approued by the Court, and the Court expect that they 
make the bridg and way passible so soone as may be. 

Capt. Daniel Clark moueing this Court to consider of and 



1693.] OF CONNECTICUT. 97 

approiie of the last will and testament of M^s Jane Hosford, 
the Court by their voate did declare they see not cause to en- 
terteine the case at this time. 

This Court for the incouragment of learning in this Colony, 
there being fower gramar schooles in the county townes of 
each county, this Court haueing granted to Hartford and New 
Hauen for the end afoarsayd thirty pownds apeice to the sayd 
townes no[w] gaue to New London and Fayrfeild county 
schooles twenty pownds to each of those county townes. 

Whereas the Court had occassion to make use of the troop 
upon some seruice and now desireing that they may know 
their wages what it shall be, this Court by their vote granted 
them three shillings p day for their wages for the time they 
were out in the seruice towards Albany. 

This Court being informed that it is necessary that the forte 
at New London be repayred and ammunition procured for the 
seruice of the foj^te, and that one be appoynted to comand the 
forte and to tak care that the gunns and ammunition be pre- 
pared and put in good order ready for seruice, and the mer- 
chants of New London are by this Court desired to prouide 
six barells of powder, two upon the Colony's acco% for the use 
of the sayd forte, and what of the powder shall be spent for the 
defence of the place shall be payd them out of the publique 
treasury, and Capt. John Prentice is by this Court appoynted 
to be Comander of the sayd forte from this time to the last of 
October next, he to attend according to his commission last 
yeare and to haue the same salery as then was granted, he 
attending such orders and directions as he shall receiue from 
the Major Generall Winthrop or Capt" Witherell from time to 
time. 

This Court doe order that the forte at Saybrooke be cared 
for, that the house be repayred and an inhabitant placed ther, 
and Colonel [Allyn] is impowered to giue orders as there may 
be need and to take care the same be accordingly done and to 
appoyn[t] a fit person to take the charg and comand of sayd 
forte for the secureing and improuement of the same against 
[244] any enemies || for their Ma^'es seruice and the coun- 
tryes, and at the countryes charge. 
13 



98 PUBLIC RECORDS [May, 

This Court leaue it with M"" Stanly, the Treasurer, and Sec- 
ret'^j, to compound and alowe John Cross such sattisfaction as 
they judg meet for a horss was lost in the seruice to Albany. 

This Court order that the prouission made of a Councill to 
transact pub: occasions October last shall be of full force and 
value to the Court October next. 

This Court ordered that the writeing read in Court concern- 
ing Aramamats land shall be recorded. 

This Court grant Capt" White liberty to buy a smale parcell 
of land at Wongom, about halfe an acre of land or litle more, 
of the Indian squa that is Massecups wife. 

The petition of some of the people of Milford that they may 
be allowed a highway to New Hauen throw the Indian side, 
the Court granted theire request and ordered the Secretly to 
certify so much under the petition. 

This Court granted Greenwich constable eight shillings that 
is due from him. 

This Court granted to Capt" Caleb Stanly two hundred 
acres of land for a farm, prouided he take it up wher it may 
not be prejudiciall to any former grant or plantation. 

For the beter regulating of proceedings in our courts of 
judicature and to prevent the frustration and unnecessary 
delay of justice to the needless increase of charge and expence 
to the country, especially in the tryall of capitall and criminall 
cases, this Court doe order for the future that all jurie or juries 
when impaneld and sworn in court and haueing heard the 
pleas and euidences for and against any person or persons in- 
dicted or complayned of, shall imediatly withdraw themselues 
into some convenient roome or place by the court appoynted 
them and their abide untill they are agreed of a verdict or 
verdicts, unless in case of some difficulty ariseing among them 
about the matter giuen them in charge they desire farther 
light or information from the court, and then a7id then to 
return and abide as before, and the court are to appoynt som 
officer to themselues belonging to see this order accordingly 
attended. 

It is allso ordered that all jury men that are warned and 
returned to seru on the jury and shall neglect to attend, they 



1693.] OP CONNECTICUT. 99 

shall be fined the siime of twenty shillings to the treasury of 
the county, except he can render a sufficient reason for his 
non attendance. 

Seuerall complaynts being made by many of the inhabitants 
of this Colony of the great wrong don in many places and to 
many persons by frequent passing and repassing ouer corn- 
feilds or grass land where ther is no alowed way, to the great 
damage and prouocation of the proprietors of sayd lands and 
seems to threaten the loss of each mans propriety in his land 
if no more effectuall means be used then yet hath been for 
prevention, this Court doe therefore enact that whosoeuer shall 
be found passing ouer any mans inclosed land whither in 
comon feilds or els where without the proprietors leaue, unless 
on extraordinary occassion, where there is no alihved highway 
or out of the highway where there is one in such inclosure, 
euery such person so offending shall forfeit to the owners of 
sayd lands for each time he transgreses one shilling if he be 
on foote and two shilling and six pence if he be on horsback, 
and two shillings for euery beast he driues, and fine shilling 
for a cart or team, together with such other damages as the 
owners of sayd land shall make appeare at law that he hath 
suffered by such passages ouer his land as afoarsayd, any 
former custome or useag to the contrary notwithstanding; 
prouided that after haruest and before seed time no proprietor 
in comon feilds shall be accounted trespassers by this law for 
their passing ouer the land which belongeth to other men in sayd 
[245] feilds on foot or horsback as their occasions || may re- 
quire for seeking or driueing theire cattell so long as they do 
no damage thereby. 

Whereas in the law, title Attachments, it is exprest when 
persons shall be sumoned and not appeare to answer to such 
actions and complaints as are made and entered against them 
they shall be arrested to answer for their contempt at the next 
[court in that] county, this Court ads. And to answer the ac- 
tion according to the suinons ; and this court farther ad that 
such persons so neglecting or contemning authority shall pay 
a fine of twenty shillings to the county treasury for the same, 
and shall pay him that is put off from a hearing that court his 



100 PUBLIC RECORDS [May, 

necessary costs for attendance, except he giues a sufficient 
reason for his absence whicli by the judgment of the court 
may excuse his contempt. 

Whereas in the law, title Bowndes of Townes and Perticular 
Persons Lands, those that shall neglect to attend shall pay a 
fine of fine pownds for euery towne that shall neglect, and 
tenn shillings a day for euery person that shall neglect his 
diity &c, prouided the complaynt be presented he presented 
within six moneths ; this Court now order tliat the complaynt 
shall be presented at the next county court in that county or 
els to be of no value. 

Whereas difficulties doe dayly arise amongst us about per- 
sons imprisoned for nonpayment of rates and for debt or by 
vertue of judgment of court obteyned against them, and when 
arrested and imprisoned for a tryall on the case for debt or 
otherwise, for releife it is therfore ordered by this Court and 
the authority thereof that upon what account soeuer a person 
is imprisoned for misdemeano'", rates, debts, or fines, or for- 
feitures, he or they that cause him to bee imprisoned shall dis- 
burse from week to weeke or from time to time whiles such 
person or persons shall remayne in prison, for his present 
mayntenance, at least to find him bread and water, and if such 
prisoner will ad to his mayntenance they may, and all such 
and all such charge as shall arise thereupon shall be payd by 
the prisoner before he be releast from prison or sccurety be 
giuen for the same. 

It is ordered by this Court that what executions on actions 
for debt recouered by judgment of court or distresse upon non 
payments of rates, or any other just cause, for future shall be 
granted, when it so happens that estate canot be fownd and the 
person is taken for want of the same to be imprisoned by dis- 
tresse or execution, their shall be a mittimus granted and sent 
to the prison keeper to require him to keep him or them in 
prison according to law in that case prouided, and the ciuill 
authority is to grant sayd mittimus. And no execution for 
future shall pass on 07i any other estate but as in a late law 
about rate wherein land is exempted. 

By reason of the great trouble and charge that ariseth by 



1693.] OF CONNECTICUT. 101 

the many wills and iniientories of the estate of dcceassecl per- 
sons exhibited in the seuerall courts in each county, there 
being much time and charge spent by the sayd courtes about 
the same and nothing allowed for the same, it is now ordered 
by the Court and the authority thereof, that for the setlement 
of such estates for the future there shall be payd by the exec- 
utor or administrator for the use and to defray the necessary 
charge of the setlements of sayd estates besides the clarkes fees, 
for euery estate of fifty pownds and under, two shillings and 
six pence, and for those aboue fifty pownd not exceding two 
hundreds pownds, fine shillings, and for such as are aboue two 
hundred pownds, ten shillings. 

The Court is adjourned till the Governor or Deputy Gov- 
ernor shall see cause to call them together agajnie. 



[246] A Generall Court held at Hartford, SEPTr 1, 

1693, BY SPECIALL ORDER OF THE GOVERNO''. 

Col. Robt Treat, Esq"-, Gov^. 
W"! Joanes, Esq'", Dept Gov. 
Lnt Col. John Allyn, M^ DanH Witherle, 

Mr Andrew Leet, M^ Nath. Stanly, 

Capt. James Fitch, Capt. Caleb Stanly,. 

M"" W™ Pitkin, Capt. Moses Mansfeild. 

Deputies : 

Capt. Cip. Niccols, Deac. Steph. Hosmor, for Hartford. 

Mr Henry Woolcot, Capt. Jos. Fitch, for Windsor. 

Mr James Treat, for Weathersfeild. 

L"t Abr. Dickermau, Mr John Allyn, for N. Hauen. 

Mr Tho. Clark, Mr Sam" Newton, for Milford. 

Mr Richd Christophers, Mr Samuel Auery, for N. London. 

Mr John Wakeman, Mr Isack Wheeler, for Stratford.* 

Mr Joseph Curtice, for Stratford. 

Mr Samuel Hayse, for Norwalke. 

Mr Dauid Waterbury, for Standford. 

Mr Samii Peck, for Greenwich. 



A slip of the Secretary's pen. Read, Fairfield. 



102 PUBLIC RECORDS [Sept. 

M"" Iserell Curtice, for Woodbury, 

Capt. John Graues, for Guilford. 

Lnt Henry Crane, for Kellingworth. 

Deacon W'» Parker, M^ Rob* Chapman, for Saybrook. 

Mf W'" Ely, M'" Abr. Brunson, for Lyme. 

Capt. George Denison, for Stonington. 

M^" John Morgan, for Preston. 

M^ Tho. Leffingwell, M^ Rich^ Bushnell, for Norwich. 

M'" Daniel Braynard, for Haddum. 

Capt. Nath. White, for Midleton. 

Capt. John Stanly, M'" Tho. Heart, for Farmington. 

Mr John Higley, for Simsbury. 

Capt. Tho. Yale, Ens, Nath. Royce, for Wallingford. 

The seuerall townes returned their mindes concerning the 
question propownded to them by the Gouernor and Councill, 
and there was two thousand one hundred eighty and two per- 
sons that manafasted their desire that their Ma^'e* may be 
addressed unto for the continuance of our militia and all our 
charter priuiledges unto vs, and that they would beare their 
proportionable charge with the rest of the Colony in the ob- 
teyning thereof. 

This Court by their vote declared that they judged it neces- 
sary to send an addresse to their Ma^'es to procure the contin- 
uance of all our charter priuiledges. 

This Court by their vote made choyse of the Dept. Governo'", 
Col. John Winthrop, Col. John Allyn, and M^ W'« Pitkin, to 
prepare an addresse to their Ma'^'es for their confirmation of 
our priuiledges to vs &c. 

This Court by their vote made choyse of Major Generall 
Fitz John Winthrop to be their agent to goe ouer for England 
and to endeauoure to present our addresse to their Ma'^t^s and 
to obteyn in the best way and maner he shall be capeable a 
confirmation of our charter priuiledges. 

This Court approued of the addresse drawn up by this 
Court for theire Mat''^% leaueing it with the Governo'' and 
Councill to make any alteration therein so the substance be 
continued, and allso they leaue it with the Major Generall 
theire agent with the aduice of his councill that he holding to 



1693.] OF CONNECTICUT. 103 

the substance of what is now voted may make alteration as to 
words. 

The commission was approued which was drawn up for our 
agent and left with the Governo'' and Councill to alter as they 
see cause, holding to the substance. 

The instructions were allso approued and ordered as aboue. 

This Court doe see reason to leaue it with the Gouerno'" and 
Councill to doe and performe what shall be requisit to the per- 
fecting our addresse and comission and instructions for Major 
Gen'i John Winthrop Esq"", and to doe whatsoeuer they shall 
find necessary to be don and acted in that affayre. 

The Governo'' and Pecret''y are appoynted to signe the 
address tn the name of the Generall Court, and allso to signe 
the comission and instructions for our agent, and to fix the 
scale of the Colony to the commission.* 

This Court do leaue it witli Capt. John Chapman to take 
care and charge of the forte at Saybrook, and for present to 
keep two men in the scruice of the forte upon the countryes 
charge, and upon any occassion to call the towne into their 
assistance. 

This Court grants a rate of a penny upon the pownd of all 
the rateable estate in the Colony to defray the charg of y 
Colony in sending an agent to England to defend our priui- 
lidges, which shall be payd in currant money of New England, 
and if any canot pay money they haue liberty to pay doble in 
wheat, rye, pease, or Indian, at the price it was set by the 
country the last yeare, and the Treasurer is hereby required 
to send out his warrant to cuory towne in this Colony to the 
constable to gather the money or the corn and to giue in their 
acco^ to him by the twentyeth of this instarit at farthest, and 
the constables of euery town are desired to disspose of what 
graine they receiue for the money. 

[247] It was allso voted that this rate should be raysed upon 
the list made for ninety-two, and euery man is required hereby 
to pay his rate though the Colony be in his debt. 



* Copies of the Instructions and Commission are in Foreign Correspondence, II, 
39, 40. Dr. Trumbull has given an abstract of tlie instructions in V'^ol. I, p. 390, 391, 
of his History of Connecticut. 



10-1 PUBLIC RECORDS [Sept. 

It is allso farther ordered that besides the sayd rate layd out 
to defray the cliarge of our sending for England, that whatso- 
euer els shall be necessary to defray the charge of our sending 
shall be payd by the Treasurer out of the publique treasury 
of the Colony. 

It is allso ordered that the townes of Simsbury, Glassenbury, 
Danbury and Windham in this rate shall be rated according 
to their lists which the ministers rate was made last year by. 

It is allso ordered if any persons be dead or remoued since 
the list was made by which this rate is to be made they are to 
be left out of the rate for their persons. 



A GrENERALL CoURT HELD AT HaRTFORD, OCTOBER 12''', 1(393. 

Col. Robt Treat, Esq-", Gov. 
W'" Joanes, Esq"", Dept. Gov^. 
Major Nathan Gold, M"" W'" Pitkin, 

L. Col. John AUyn, M-" Nath. Stanly, 

Capt. Andrew Leete, Capt. Caleb Stanly, 

Capt. James Fitch, Capt. Moses Mansfeild. 

Capt. John Burr, 

Deputies : 

M"" Stephen Hosmor, M^ John Marsh, for Hartford. 

M"" Henry Woolcot, M"" John Moore, for Windsor. 

M"" James Treat, Capt. Robt Welles, for Wethersfeild. 

L"t Abra. Dickerman, M"" John Allyn, for N. Hauen. 

M"" John Wakeman, M"" Nath. Burr, for Payrefeild. 

Mr Tho. Clarke, M-" Sam'i Newton, for Milford. 

My John Wells, M"" John Burret, for Stratford. 

M"" Andrew Leister, for N. London. 

Capt. John Graue, L"* Steu. Bradley, for Guilford. 

Capt. Benj. Brewster, L"t Tho. Leffingwell, for Norwich. 

Capt. James Olmsted, Mj Sam^i Hayes, for Norwake. 

L"' Tho. Heart, Ens. Tho. Judd, for Farmington. 

M'" W'" Dudly, M"" Rob' Chapman, for Saybrook. 

L"*^ Henry Crane, Samuel Bewell, for Kenil worth. 

L"t Israel Curtice, for Woodbury. 



1693.] OP CONNECTICUT. 105 

Isack Waterhouse, for Lyme. 

Ens. Tho. Judd, for Waterbury. 

Capt. Tho. Yale, for Waliiigford. 

Mr Sam. Peck, for Greenwich. 

M"" David Waterbury, for Standford. 

M"" Jeremy Johnson, for Derby. 

Ensign John Parke, for Preston. 

L" John Higley, for Simsbiiry. 

Capt. Nath. White, M^ John Hamlin, for Midleton. 

Capt. Georg Denison, for Stonington. 

Mr W« Maltby, Lnt Eben. Stent, for Branford. 

M"" Daniel Braynerd, for Haddiim. 

The Gov acquainted the Court with what they had done in 
refference to Major Winthrops commission and instructions, 
with their motion to M^ Saltonstall to go for England with 
Major Winthrop, and with a letter from his Ma^^'e, and of M^ 
Pitkius instructions and commission to New York,* which the 
Court allowed and approued of and granted that the Marshalls 
charge in goeing to gather up an acco' of the debts of the 
country shall be born by the country. 

This Court grant that Sarah Post giue Benjamin Armstrong 
a deed of sale for fower acres of land sold by John Post her 
husband before his death and receiued the pay for it, which 
deed shall be of full force to confirm the same to sayd Arme- 
strong. 

This Court grant Mary Everts liberty to giue a deed of sale 
to Ensigne Abram Fowler for two acres of land that her late 
husband sold sayd Fowler and receiued part of the pay for the 
same, which deed shall be of full force to confirm the same to 
sayd Fowler. 

This Court grant Mary Leete widow of M'' John Leet power 

* Copies of Mr. Pitkin's Commission and Instructions are in War, II, 176, 178. The 
record of the abortive meeting held Oct. 4-6, 1693, of commissioners from the several 
governments called to agree upon a quota of men or other assistance to be given by 
each colony or province for the defence of New York, is in the same volume, No. 181. 
Tlie King's letter dated March 3, 1692-3, is in Foreign Correspondence, I, 41. It was 
addressed To such as for the time being take care for preserving the Peace and ad- 
ministring the Laws in our Colony of Conecticut in our Territory and Dominion of 
New England in America. 

14 



106 



PUBLIC RECORDS 



[Oct. 



to sell seuen or eight acres of S^ diuission lands to pay some 
debts that are due from the estate. 

The list of the persons and estates of the Colony. 



Persons. II. s. d. 

267 Hartford, 17346 00 00 

290 Wmdsor, 14798 00 00 

196 Weathersfeild, 10872 00 00 
106 Farmingtoii, 06292 00 00 
120 Midleton, 
6Q Haddum, 
11 115 Guilford, 

83 Walhngford, 

84 Derby, 



175 Fayrefeild, 
130 Stratford, 
65 Norwalke, 
80 Stanford, 
60 Greenwich, 



05500 00 00 
02511 00 00 
6907 00 00 
3966 00 00 
1630 00 00 
11180 00 00 
8752 00 00 
4924 00 00 
5083 00 00 
3275 00 00 



Persons. II. s. d. 

78 Simsbury, 03494 00 00 

46 Waterbury, 01630 00 00 

Glassenbury, 

262 New Hauen, 14413 00 00 

155 Milford, 09106 00 00 

58 Brandford, 03328 00 00 

61 Woodbury, 2639 00 00 

182 New London, 9648 00 00 

92 Stoneington, 5363 00 00 

112 Norwich, 5782 00 00 

102 Saybrooke, 5136 00 00 

81 Lyme, 4442 

46 Kellingworth, 2218 00 00 

30 Preston, 1902 00 00 



[248] This Court made choyse of M"" Samuel Willys, M^ John 
Hamlin, M"" Henry Woolcot, M"" Tho. Trowbridg, Deacon Ste- 
phen Hosmor,* to stand in nomination for Assistants at the 
election in May next, together with the Gov, Deputy Gov? 
and Assistants now in place. 

The Court ordered that our souldiers be forthwith called 
from the garison in Dearfeild. 

This Court appoynted the Secret 'y and Treasurer to take 
care that M"" Hookers election sermon preached last May and 
M"" Wakemans election sermon formerly preached may be pro- 
cured to be printed at the publique charge of the Colony. 

This Court grants the Governo"" for his salery this yeare one 
hundred pownds. 

This Court grants the Dept Governo'" for his sallery the 
sum of forty pownds for this yeare. 

This Court grants the Treasurer for his salery for this yeare 
the sum of twenty hue pownds. 



* In the Windsor MS. the name of Mr. John More appears here while that of Dea- 
con Stephen Hosmer does not. Probably Mr. More's name was accidentally omitted 
by Secretary Allyn, for it is found with those of other nominees at the beginning of 
the record of the Court of Election, May, 1694. Mr. Hosmer died Nov. 4, 1693, before 
the copy of the acts of October session was sent up to Windsor. 



1693.] OF CONNECTICUT. 107 

This Court grants the Secret'' for his salary for this yeare 
the sume of 25?. 

This Court haueing formerly ordered that the Treasurer 
should giue a leter of credit upou the credit of the Colony to 
Major Winthrop for hue hundred pownds for the management 
of his agency, to be drawn out of the sayd treasurer's hands as 
Major Generall Winthrop shall stand in need thereof, this 
Court doe order that what the treasurer shall engage in be- 
halfe of the Colony as afoars^ this Court doe engage to indem- 
nify him for so doeing, and to see it sattisfycd according to his 
engagement, and this Court doe order the treasurer to procure 
bills of exchange for as much money as he can within the 
sunie of hue hundred pownds, and in case he fall short of that 
sume then if he can he is to procure so much gold and waighty 
peices of eight as may make up the sume of hue hundred 
pownds with the bills of exchange which he is to deliuer to 
Major Winthrop to cary with him. 

This Court upon the motion of Mawtowith that she might 
haue liberty to sell two acres of land in M idle ton, the Court 
leaucs it with the comissioners and townesmen of Midleton 
to consider the same and if they see no prejudice to the town 
they may grant her liberty so to doe. 

This Court grants Major Gold the sume of fifteen pownd for 
his good seruice this yeare. 

This Court grants M"" W"' Pitkin the sume of fifteen pownd 
for his seruice and journey for the country to Yorke. 

This Court grants Capt. Mansfeild ten pownd for his seruice 
this yeare. 

This Court grant W'" Whiting fifteen pownd for his salary 
this yeare. 

Nath. Butlar is plntf. contra Gurdon Saltonstall defendant 
by way of appeal from the judgment of the Court of Assistants 
October 5, 1692, which action was an action of the case for 
damage sustayned by Gurdon Saltonstall by the present plain- 
tifes default in the execution of his office as constable, Avhen 
you were constable of Weathersfeild in the yeare of our Lord 
1692, w^h damage to the value of 24:1. 16s. Od: In which ac- 
tion the jury in [the] Court of Assistants fownd for the defend- 



108 PUBLIC RECORDS , [Oct. 

ant that the phitf. doe surrender to the defendant the goods 
[249] attached or the value of them and cost of court || upon 
which the court order execution shall goe against the sayd 
Butlar for ten pownds fine shillings in money or the value of 
it in pay, and cost allowed is one pownd fower shillings. 
This Court finde for the plaintife, but haueing com to a chan- 
cery of the case the Court doe find that the present plaintife 
doe pay to M^ Saltonstall the sume of fine pownds in money or 
the goods attached w^h are not allready deliuered by execution 
and that to be an issue of the case. 

This Court grant that the towne of Preston and Stoneing- 
ton shall be heard by them about the bownds between their 
townships in May next. 

This Court findeing a great diflPerence groweing between 
the Indians, viz. Owanecoe and Abimileck, about land and 
bowndaries of land, in which difference Capt. Samuel Mason 
and Capt. James Fitch seem to be engaged, with other differ- 
ences about lands which this Court willing to put an issue to, 
this Court doe desire and impower our Honored Govern© i^, L. 
Col. John Allyn, and M"" Nath. Stanly, to goe to Norwich and 
to call all the sayd English and Indians together and to make 
an issue of the same and p'sent it to the Generall Court in 
May next, and the Gouerno'' is to appoynt the time of meeting, 
prouided no charge may com hereby to the country. 

Joseph Rogers plntf. by way of appeale from the judgment 
of the Court of Assistants October 5, 1693, Jonathan Rogers 
defendnt., which action was an action of the case for entering 
into and takeing possession of a house and other buildings and 
certain parcells of land lyeing in the generall neck in sayd 
New London on the west side the harbo^, which house and 
land becam the sayd Joseph [s] by deed from James Rogers 
sen^ of New London deceassed, to a surrender of the sayd 
lands to the sayd Joseph with necessary costs and damages of 
his detainer to the value of one hundred pownds : In this ac- 
tion the jury find for the defendant cost of court. This action 
is withdrawn in Court. 

Ephraim Turne and Jonathan Ryley withdrew their appeale. 

The constables of Simsbury moueing to haue their aceo^^ 



1693.] OF CONNECTICUT. 109 

past, this Court leaiies it with the gentlemen upon the place 
to doe and act therein as they se to be most just and equitable. 

In the appeale wherein Benjamm Tallcott and Tlio. Gris-. 
wold were plntfs. by way of appeale from the judgment of the 
Court of Assistants this moneth and M"" John Tompson de- 
fendnt., the Court haueing considered the case do order that 
the sayd Benj. Tallcot and Tho. Griswould shall pay fine 
pownds apeice to M"" Tompson in currant country pay and 
then they shall be free. If they refuse to accept of this they 
are to return to their seruice and serue according to inde[n-] 
ture and they are to bear each one their own charge of prose- 
cution and the young men to pay the cliarg of this Court and 
the Court of Assistants. 

This Court upon the petition of John Tracey that this Court 
would put him in some way to obtain the lands or a deed of 
them according to the judgment of court, he haueing obteyned 
judgment against the sayd Capt. Fitch for the same in October 
92: This Court haueing considered the same doe order that a 
deed according to the judgment of the Court of Assistants be 
prepared and offered to Capt. Fitch to sign, seale and deliuer, 
then if he refuse so to doe, this Court refer the issue of the 
case to the Generall Court in May next, where Capt. Fitch 
and Mf Tracey are to attend. 

This Court vpon the petition of M^ Richard Edwards in be- 
halfe of M"" Tho. Younge of New London doe grant him the 
sayd Tho. Younge liberty to prosecute his appeale at the Court 
of Assistants May next, prouided he giue notice to those con- 
cerned that they may allso appeare to defend themselues. 

This Court appoynted Capt. Stanly, M"" John Hamlin, M^ 
Allyn, w'''^ Capt. Whiting, to veiw the accot« that are sent in 
from the townes to se what they amoun[t] too. 

This Court upon the petition of Ens. Jacob White and 
Thomas Hancox for the renewing of an execution against L"t 
Hollisters estate, the Court return they find the execution 
leuyed upon a parcell of land which is deliuered to sayd White 
and Hancox and recorded in Weathersfeild records to them, 
which answers the execution and is to be to he to the sayd 
White and Hancox after the present lease of the sayd I'in[u] 
is expired, w'' is all at pi'sent we can doe. 



110 PUBLIC RECORDS [Oct. 

This Court made choyce of M"" John Hamlin, Deacon Hos- 
mor, M"" John Allyn of New Hauen, M^ Joseph Bastard, M^" 
Daniel Taylor, to audite the Treasurer's acco'- as soon as may 
bee, they or any three of them. 

This Court continues theire order of October last in reffer- 
ence to* and it is hereby continued till the Generall Court in 
May next. 

[250] This Court allowes M^ Nath. Stanley seuen pownds 
ten shillings for what he falls short of what he hath layd out 
for the country. 

This Court grants a rate of fower pence upon the pownd of 
all the rateable estate in this Colony to discharge the country 
debts, to be payd in wheat, rye, Indian corn, porck and beefe ; 
winter wheat fine shillings p bush., sumer wheat fower shil- 
lings p bushell, rye three shillings six pence p bush., Indian 
two shillings six pence p bush., porck 8/. 10s. p barell, beife 
forty shillings p barell, all to be good and merchantable ; and 
if any will pay their rates in beife or porck they may, and 
those that pay in grain shall pay one third in wheat, one third 
in rye,and one third in Indian corn, and if any pay more then 
a third in rye he is to pay it at 3s. p bush., and if any will pay 
their rate in money they shall be abatted one third of their 
rates. 

Upon the petition of M^ Ickabod Wells to this Court that 
they would declare whether the Marshall haueing serued an 
execution for the bretheren of M"" Jonathan Wells as appeares 
by sufficient testimony although it be not endorced on the ex- 
ecution whither it be good in law, the Court haueing consid- 
ered the petition and euidences doe declare that they judg the 
execution serued according to law, though not indorced by 
reason of the plentifull [evidence V] of the Marshalls doeing 
the same. 

This Court grants the Deputies of the Court two shillings 
six pence p day for their attendance at Court from this day, 
October 21, 1693. 

It is ordered that all persons in the seuerall countyes of this 
Colony to whom the Colony is or may be indebted doe at or 
before October Court yearly without fayle send a fayre accompt 

* So in the record. 



1693.] OF CONNECTICUT. Ill 

of such claiine of debt or depts by the deputy or deputyes of 
the town or place to which he or they doe belong, or any other 
deputy or person, who are to deliuer it to the Treasurer, and 
they are to be signed according to law and not otherwise. 

Octobr 23. The Court is adjourned till the Governo'" or 
Dep*^ Gov see cause to call them againe. 

[It was during this session, thongii the record is silent concerning it, that Governor 
Fletcher of New York came to Hartford, in order to publish his Commission and to 
take command of the militia of Connecticut. What Col. Fletcher thought of his re- 
ception and success may be seen in the Documents relating to the Colonial History of 
New York, IV, 69-72. A pamphlet on the subject, supposed to have been written 
by Gershom Bulkeley, was piiblished in New York early in 1694, no copy of which 
is known to exist by the editor. It was answered by another pamphlet published by 
order of the Governor and Assistants, with the title Their Majesties Colony of Con- 
necticut in New England vindicated from the abuses of a Pamphlet licensed and 
printed at New York, 1694, intituled Some seasonable Considerations for the Good 
People of Connecticut, by an Answer thereunto. Boston, 1694, reprinted in Vol. I, of 
the Collections of the Connecticut Historical Society. From the following documents, 
it will be seen that the General Court did not adjourn sine die on Monday, October 
23d.] 

[War, II, 197.] 

Gentlemen : I landed att this place somewhat late a sabboth day 
att night, my horses and other conveniencies being aboard another 
sloop and nott yett come up has detained me longer here then I de- 
signed or desired. 

Being informed your Generall Court is now sitting I am willing to 
communicate their Maj''®° comands to you while you are together con- 
ceiveing itt will most conduce to their Maj*'*^° service and therefore I 
desire you will not adjourn yourselves, till I can come up to Harford 
which shall be without losse of time soe soon as my horses arive 
which I hourly expect. I am, Gentlemen, Your humble servant, 

From New Haven, Octob"" Ben. Fletcher. 

the 17*, 1693, att one in the afternoon. 

[War, II, 196.] 

Hartford, Octob^ 18'^ 1693. 
Excelent S"", Your letter of the 17"' instant at one of the clock in 
the afternoone, about two of the clock this morning came to onr Gov- 
erno''s hand who hath acquainted us with the receipt of yours, and of 
the occassion which hath detayned your Excelencie longer in those 
partes then you desired or designed, as allso that your Excelencie de- 
sires that we would not adjourne o^'selues till you can come up to 
Hartford. In answer to which your Excelency may be pleased by 
these to be informed that our Generall Court hath been together upon 
their Ma*'^^ seruice euer since Thursday last and are about disspatch- 
ing the affayres under hand as soone as we may but shall not break 
up till Fryday next and shall be ready to wayte upon your Excelency 
in Gen" Court to heare or receiue from you what you haue to acquaint 



112 PUBLIC RECORDS [Oct. 

vs with that may be for theire Ma''^° seruice and the pub: good of 
their subjects, which with respects and seruice to your Excelency is 
all at present from your Excelencies humble seruant, 

These — For his JExcelency John Allyn, Sec'y. 

Col. Benj: Fletcher, Capt° Gen" and Gov' of 
their Ma""' Prouince of New York, &c. 

New Hauen or elsew"" present. 

[War, II, 198.] 

Gentlemen: This day about ten a clock I had the favour of yours. 

Finding the wind continue northerly J can gett noe news of my 
horses soe that I cannott propose of getting up to Harford to morrow. 

1 therefore desire that you will please to adjourn to this place where 
a very short time will allow me to lay before you such things as I 
have to offer for their Majesties seruice. I am. Gentlemen, 

New Haven, October Your humble servant, 

the 19'^ 1693, att 11 a clock Ben. Fletcher. 

in the morn. 

[War, II, 199.] 

Hartford, Octob' 20% 1693. 
Excelent S"", Yours of the 19* instant we haue receiued, and in an- 
swer thereunto we return we canot under o' p'^sent circumstances ad- 
journe to Newhauen and haue chose rather (though we haue wayted 
seuerall dayes to attend your Excelency in Generall Court) to resolue 
to continue o'' Gen" Court by adjournment till Tewsday next about 
ten of the clock, at which time o'' Court will break up and return to 
their habitations* which is all the needfull at p^sent from your humble 
seruants the Gov'' and Generall Court of Conecticut. 

p'' y order signed 

John Allyn, Sec''y. 
For his Excelency Col. Benj: Fletcher, Esq', 
Ca],." Gen" and Gouerno'' in Cheif of 
their Ma"^' Prouince of New York, &e. 
in N Hauen this dd. 

[War, 11,200.] 

Col Fletchers Memoriall 24 Octob', 1693. 

Memoriall, 

To the Governour and Gen" Court for y^ Collony of Connecticutt, 

sitting at Harford, Octob' 24*, 1693. 

Benjamin Fletcher their Maj*'^^ Cap' Gen" and Governour in cheife 
in and over their Maj*^** Provinces of New Yorke and Pensilvania 
&c, gives in this Memoriall to which he desires a reply without losse 
of time, their Maj"^^ service calling for his immediate repaire to the 
fronteers, &c. He says being come into this Collony with their 
jyjgjties commission under their greal seal of England to act as their 

* A pen has been drawn through these words. 



1693.] OF CONNECTICUT. 113 

Leiv' and Comander in cheife of the millitia and of all the foi'ces by 
sea and land within their Maj"^^ Collony of Connecticutt and of all the 
forts and places of strength within the same. 

Which commission he does here produce and expects a ready com- 
plyance to it from all their Maj"*"' loving subjects that he may proceed 
to the execution of that trust. 

Ben. Fletcher. 

[From the pamphlet printed by order of the Governor and Assistants. Collections, 
Conn. Hist. Soc. I, 106. No copy of the paper remains on file.] 

To His Excellency Benjamin Fletcher, Captain General, and Govern- 

our in ChieJ, of Their Majesties Province o/New York S^c. 

In Return to your Excellencies demands of the Militia, of us Their 
Majesties General Court of Their Oolonij of Connecticut: we say: 
That finding in your Excellencies Commission no Express, Superse- 
ding of the Commission of the Militia in our Charter, nor Order to us 
from Their Majesties to Surrender the same : And being sensible of 
the great importance of this matter, and finding it in several main 
things which do need a particular Explication, and Settlement, as we 
shall (God willing) manifest to Their Majesties : cannot but conceive 
it our duty, both with respect to Their Majesties Service, and our own 
peace, and preservation in this time of War, to continue the Militia 
as formerly ; till by our Agent now sent for England, we shall receive 
further Orders from Their Majesties. 

And in obedience to Their Majesties Gracious Letter of 3Iarch 3d. 
1692. We shall be ready upon all just Occasions, to yield Assistance 
to His Excellency Coll. Benjamin Fletcher Esq. His Majesties Cap- 
tain General, and Governour of Neio York ^-c. and to the Commander 
their in Chief for the time being: for the defence of the said Province, 
against the Common Enemy, according to our ability, and in propor- 
tion with our Neighbouring Colonies and Provinces; although we 
have already been out about Five Thousand Pounds, for the defending 
our Neighbours of Albany, since the War began, besides the loss ol 
Lives. And further, this Court does see reason to grant the Sum of 
Six hundred Pounds in Country pay, out of our Country Rate, towards 
the Charge of maintaining the Garrison at Albany, onwards of what 
shall be our proportion of that charge, in Obedience to Their Majesties 
Letter of od of March last. 

By Order of the Governour and General Court o/" Connecticut. 

HARTFORD October, Signed by John Allyn Seer. 

2bth. 1693. 

[War, II, 201.] 

Octob'' 26, 93. Col. Fletchers command of &' obedience to him as / Z,"' of 

o'' millitia. 

To the Governour and Generall Court of Connecticut sitting att Har- 
ford October y« 26* 1693. 
Gentlemen, I have received your paper which is noe answer to my 

memorial for I doe not demand the millitia from you knowin» verv 
15 ^ o J' 



114 PUBLIC RECORDS [Oct. 

well as you yourselves doe that you have noe right to itt being settled 
on the Kings and Queens of England and their successors by severall 
acts of Parliament and by noe power on earth can be demised from 
the present possessor of the crown, but I have in tender regard to this 
English Collony given in my memorial to you the present administra- 
tors of the goverm* here in expectation of your ready complyance to 
their Maj''*"^ pattent and your assistance to me being a stranger in these 
parts for the more speedy and effectuall execution of that lawfull com- 
mission which is granted in grace by their Maj'"^' as well for your 
security and defence as the assertion of their owne right, and this has 
in noe part of their dominions found a rub or contest. 

I doe therefore in their Maj""^ names demand your obedience to this 
commission as you will answer the ill consequences that will ensue 
and expect a speedy replye in two words, Yes or No. 

Ben. Fletcher. 
By his Excellency Benjamin Fletcher their Maj''^' Leiv* and Com- 
mander in cheife of the millitia and of all the forces by sea and land 
within their Majesties Collony of Connecticut and of all the forts 
and places of strength within the same. 

M. Clarkson, Sec'y. 

[War, II, 202.] 

Oct. 26, 93. Col. Bayards demands per order of His Excellency. 

Gentlemen, I am further to tell you from his Excellency the Gen- 
erall that he is resolved to put their Maj'"'^ commission in execution, 
and imediatly issue forth a Proclamation, shewing the methods he has 
taken for the ease and satisfaction of their Maj'"^' subjects in this Col- 
lony leaving the militia in the same hands he found it ; — 

And I am alsoe directed by his Excellency to make yor Govern"^ 
Treat a tender of a comission from him, for the command of all the 
militia in this Collony — 

And alsoe to acquaint this Court that his Excellency has neither 

power nor intentions to invade any of their civill rights, but that all 

things may runne in the same channels with no alteration, but only 

your acknowledging the power of the melitia an inherent right in their 
]y;gjtie8. — 

And I may assure you from his Excellency that he will not sett a 
foot out of this Collony, till he sees an obedience ))aid to this commis- 
sion, by all such as are loyall subjects to their Maj''^^, and will distin- 
guish the rest. 

Harford, Octob'' the 26*, By his Excellencyes commands, 

A°1693. N. Bayard. 

[From the pamphlet printed by order of the Governor and Assistants. Coll. Conn. 
Hist. Soc. 1, 107. No copy of it remains on file.] 

On the 27th of October, 1693, was sent this Memorial following. 
Excellent SIR, 

We have in our former to your. Excellency, tendred you Six hun- 
dred Pounds, in Country pay out of our Rates ; towards the charge of 



693.] OF CONNECTICUT. 115 

maintaining the Garrison at Albany, onwards of what shall be our pro- 
portion of that charge. We desire your Excellencies answer, whether 
that be acceptable to you. But if you judge it more for Their Majes- 
ties Service, to have men, we shall raise about Fifty men to Assist in 
Garrisoning Albany, who we shall raise and send forth, with what 
speed we may, to continue there till the Spring to the end of March, or 
first of April next. We Crave your Excellencies Answer, who are, 
Your Humble Servants the Governour and General 

Court of Connecticut. 
By their Order signed John Allyn, Seer. 

[War, II, 203.] 

Mr. Clarhsons per order of Col. Fletcher, Octob'' 27, 1693, wHn he 

claimes o'" millitia, 8)-c. 

Gentlemen, 1 have your memoriall of this day before mee, and in 
answer thereunto, I think fitt to tell you, I am their Maj"''" Lieut and 
Commander in Chief of all the military forces in this CoUony, and that 
by my commission publisht in yo'' Generall Court, all other military 
commissions are superceaded and actually void : When you think fitt 
to acknowledge the power of this pattent (which has never found a 
dispute by any of their Maj"'=' subjects in any parts of their domin- 
ions,) I shall then reddily proceed to consult with you of such methods 
for the setling the melitia here as may be most for the ease of their 
Maj''^' subjects, and the security and safety of the fronteers of Albany 
and this coUony, In the meane time I conceive my selfe oblidged to 
pursue the execution of their Maj'"'" letf' pattents to me directed, till 
I find an open violation of their Maj"^' right by force and armes. 

By comand of their Majesty s Liev* and Comander in Chief of the 
military force in this Collony. 

Harford, Octob^ the 27th, M. Clarkson, Secry. 

A° 1693. 
To the Govern'' and Generall Court of Connecticot Collony sitting at 

Harfoi'd. 

[War, II, 204.] 
Col. Fletchers proclamation Octob'' 28, 1 693, giicen to the secret to [be] 
(Id to the Gov'', but not published. 
By his Excellency Benjamin Fletcher, Capt. Generall and Gov- 
ern"^ in Chietf of their Majesties Province of New York, Province 
of Pensilvania, Countey of New Castle and the Territories and 
Tracts of Land depending thereon in America, and Vice Admiral! 
of the same ; Their Maj"'''^ Lieuten* and Comander in Chief of 
the Militia and of all the Forces by Sea and Land within th'eir 
Maj"*"' Collony of Connecticot, and of all the Forts and places of 
strength within the same ; — 

A Proclamation. 
Whereas it hath pleased their most sacred Maj"" William and Mary, 
by the grace of God King and Queen of England, Scotland, France 
and Ireland, and of the dominions thereunto belonging to give unto 



116 PUBLIC RECORDS [Oc 

mee a Commission under the Great Seal of England, whereby their 
jyj^jjjhes ijj^yg i^Qt^ Quiy fQY ti^g assertion of their royall right and prerog- 
ative; but also of their especiall grace and tender care for the security 
and defence of their good subjects in this their Collony of Connecticut, 
and for other good causes moving thereto, constituted mee, the said 
Benjamin Fletcher, their Maj*'"^ Lieu* and Comander in Chief of their 
Militia &c, in this Collony as afores**. 

In puj:suance and for the execution of the s*^ commission I have 
with all convenient expedition taken a journey to Hartford in the 
Collony afores*^ and out of a true and tender regard to the peace of 
the sf Collony and for the better satisfaction of all their Maj"'^^ good 
subjects therein, have apply ed myselfe to the Generall Assembly, the 
present administrators of the governm* ther sitting at Harford : I have 
in the same Assembly caused my s*^ commission lo be publickly read 
and left with them a written memoriall of my expectation of their 
reddy submission to their Maj*'''^ lawfull commission so graunted to 
me, and their assistance (being a stranger in these parts) for tlie more 
speedy and effectuall execution of the same, and beside the allowance 
of sufficient time for deliberation. 

I have likewise shewed myselfe willing to give commissions to all 
the late comission officers in case they would receive them, and to take 
their advice for the supply of vacant officers, and in particular have 
caused a commission to be tendered to ColP. Robert Treat for the 
comand of all the militia in this Colony afores'', and have assured them 
that I have neither power nor inclination to invade any of their civill 
rights, only demanding obedience to this their Maj''^^ comission, 
whereby the power of the melitia may be acknowledged to be as it is 
a royall right inherent in and inseparable from the crowne ; 

All which notwithstanding forasmuch as I do not find that suitable 
reception of their Maj*"'^ favour or ready obedience to their commis- 
sion fi'om the s'^ Generall Assembly, as I did expect from good sub- 
jects, but instead thereof they have possitively refused to give obedi- 
ence to their Maj''^^ s*^ royall comission ; — 

Therefore for the further satisfaction of their Maj*'^^ good subjects in 
the s*^ Collony, I do declare that their Maj"''^ said commission is abso 
lute and indispensable, and is a comand not only to mee to execute, 
but to all their Maj''^* subjects in the s*^ Collony to obey ; — 

The said comission superceading nulling and vacuating all former 
military comissions, I have no power to suspend or delay the execu- 
tion of it, nor can such default, nor any inconveniences that may hap- 
pen thereby, be by any means justified. — 

And accordingly it is my resolution in obedience to their Maj'*''^ 
royall command forthwith to put their said commission in execution, 
and I do in their Maj'"^^ name streightly forbid all persons whatsoever 
to execute or obey any. foi-mer military commission or to levy any 
men and amies, otherwise then in pursuance of this their Maj*'^' com- 
mission graunted to mee and published in the Generall Assembly of 
this Collony ; As also I do comand and require all tlieir Maj*'""^ loyall 
subjects in this Collony uppon the allegiance wherein they are bound 
to their Maj*"^^ to yeild their due obedience to y' their Maj*'"" Comis- 



1693.] OF CONNECTICUT. 117 

sion of Lieutenancy, and to be aiding and assisting to mee in the exe- 
cution of y^ same, as they will answer the contrary at their utmost 
perrills. 

Given in Harford in their Maj"*^^ said Collony of Connecticut the 
28*'^ day of Octob=^ 1693. In the fifth year of their Maj""' reigne. 

Ben. Fletcher. 
God save King William and Queen Mary. 



A Speciall Generall Court held at Hartford, February 
7, 169|, BY speciall ord'er of the Gov^ 

Rob. Treat, Esq"", Gov, 

W'" Joanes, Esqi", Dep. Gov^. 
Major Nathan Gold, M"" Nath. Stanly, 

L. Col. John Allyii, Capt. Dan. Witherel, 

Capt. John Burr, Capt. Caleb Stanly, 

Mr Wn> Pitkin, Capt. Moses Mansfeild. 

Deputies : 
W John Marsh, for Hartford. 
M"" Henry Woolcot, for Windsor. 
M"" James Treate, Capt. Rob^ Wells, for Wethersfeild. 
M"" Abram Dickerman, for New Hauen. 
Andrew Leister, for New London. 
Mr Nath. Bur, for Fayrefeild. 
Ml" W"i Dudley, M^" Rob* Chapman, for Saybrook. 
L^i^ Stephen Heart, Ens. Jolm Judd, for Farmington. 
Isack Waterhouse, for Lyme. 
Lnt Henry Crane, for Kenil worth. 
Capt" Nath. White, M'' John Hamlin, for Midleton. 
Mr Danii Braynerd, for Haddum. 
Lnt Tho. Yale, for Wallingford. 
Lnt Stephen Bradly, for Guilford. 
Lnt John Higly, for Simsbury. 
Ensi. Tho. Judd, for Waterbury. 

The Gouerno'' haueing acquainted the Court they were 
called together to consider what farther they would doe in 
answer to their Ma^'es letters of March last towards the releife 
of Albany, the Court haueing considered the premises doe by 
their voat grant for their Ma^'^s seruice as formerly they ten- 



118 PUBLIC RECOEDS [February, 

dered, that they will pay to Col. Fletcher or his order towards 
the charge of mayntaining that post, six hundred pownds, to 
be payd out of the country rate as it shall rise in the rate and 
at the price of the last country rate, to be deliuered at som 
porte or portes to be shiped for sayd Col. Fletcher and to go 
upon sayd Col. Fletchers risque and charge, or otherwise to 
be remitted to sayd Col. Fletcher as the Treasurer shall agree. 
This Court doe grant and order that a rate of a penny upon 
the pownd shall be raysed upon all the rateable estate of the 
Colony for their Mamies seruice and for the assistance of Alba- 
ny, according to their Mat'^s direction in their Mat'es letters 
of March 3^, 169|, to be payd in the same specia and at the 
sam price as the country rate granted October last, and the 
Treasurer is ordered by this Court to send his warrants forth- 
with for the gathering of the same for the payment of six hun- 
dred pownds to his Excelency Col. Fletcher according to the 
grant of this Court, and the remaynder to be improued for the 
Colonyes use. 

[251] Whereas in this time of warr we in this Colony are 
in danger to be assaulted by the enemie and such suddain 
attempts to be made upon us in one place and another as giue 
not opportune ty to the Generall Court to meet and giue orders 
for the repelling of the enemie, and yet is highly necessary to 
be imediatly resisted for secureing or releiuing their Ma^'f''^ 
subjects, this Court doe therfore order that in case of any such 
attaques, or attempts or [of] any of their Ma^'e^ enemies, that 
the next commission officers doe without delay with the soul- 
diers under their command giue such releife to the place or 
places distressed and such offence to the enemie as their dis- 
cression and oppertunety serues, and allso that as time will 
giue opportunety the Assistants of the seueral county es, or so 
many of them as can conveen, shall giue with the ad nice of 
the millitary ofiicers to be come at farther or other order in 
those cases which shall be attended till the Gouerno'' and 
Councill can meet and giue directions and order in such case, 
which they haue hereby power to doe, and which all persons 
concerned shall attend untill or unless the Generall Court can 
meet and giue other orders, and this to be extended to all 
cases by land or any of our riuers or harboures. 



1693-4.] OF CONNECTICUT. 119 

And allso that if any such attempts be made on any part of 
the teritory of New Yorke, that it shall be in the power of the 
Governo'" and Councill to send such releife and orders as in 
theire discression the nature of the exigencie and our capacitie 
doth require and admit, which shall be attended by all persons 
of this Colony till the Generall Court shall meet and giue far- 
ther or other order in the case. 

And in case of the like attempts in the county of Hamp- 
sheire, that the Assistants that can conveen, with such of the 
principle millitary officers as can be come at, or the Governo'' 
and Councill, shall order their releife and the repelling the 
enemie according to their good discression. 

This Court allowes M"" AUexand'' Bryant the sume of seuen 
pownds, to be payd him by the treasurer out of the country 
rate for damage he receiued by porck he lent to the country 
formerly. 

Whereas it is a time of warr and there are feares of suddain 
surprizalls of the enemie which may occassion suddain marches 
of the souldery to repell the enemies of their Mat'^s and a pro- 
uission of biskit to that end is necessary, this Court doe there- 
fore order that in each of the countyes of this Colony fifty 
bushells of good winter wheat be forthwith impressed by war- 
rant from some of the magistrates of the respectiue countyes, 
and that the same be by their order made into biskit as soon 
as is possible and kept by their order in conucnient places to 
be used as occasion and lawfull order shall require the same, 
and the wheat so impressed to be repayd in specia out of the 
country rate as soone as may be. 

Ypon the motion of M"" Tho. Fitch this Court grants him 
liberty to giue a deed of sale to W'" Goodrich for a parcell of 
land that formerly belonged to Nathaniel Scran ton that he was 
as administrator to sayd Scrantons estate by the county court 
ordered to disspose of. 

This Court orders that the Secreti^y by his warrant shall re- 
quire the Constable of Glassenbury to return forthwith to him a 
coppy of their lists, both this year and last year list, and he to 
take and enter the same in the country booke and to return it to 
the Treasurer that he may acco^ with last year constable for 



120 PUBLIC RECORDS [May, 

the penny rate in money, and send out his warrant for the 
gathering the rates granted since by the Generall Court. 



[252] A Court op Election held at Hartford May 10"', 

1694. 
These were nominated to stand for election, 
Col. Rob' Treat, Esq"-, W'" Joanes, Esq^", Major Gen^ John 
Winthrop, M-" Samuel Willys, L"* Col. John Allyn, Capt" An- 
drew Leete, Capt'' James Fitch, Capt" Samuel Mason, Capt" 
John Burr, Capt" Daniel Witherell, M^ W"' Pitkin, M"" Nath. 
Stanly, Capt'» Caleb Stanly, Capt" Moses Mansfeild, M^ John 
HamUn, M^ Henry Woolcot, M'' Tho. Trowbridge, M^ John 
Moore. 

These were elected, 
Col. Robt Treat, Esq'' Governo'', 
W™ Joanes, Esq^, Dept. Gov, 
Major Gen^i John Winthrop, Capt. Dani' Witherell, 
L"t Col. John Allyn, M^ W'" Pitkin, 

Captn Andrew Leet, M^ Nath. Stanly, 

Major James Fitch, Capt. Caleb Stanly, 

Capt" Sam'i Mason, Capt. Moses Mansfeild, 

Capf* John Burr, M^ John Hamlin,* Esq"". 

Capt. Joseph Whiting, Treasurer. 
Lni Col. John Allyn, 8ecrefy. 
Tlie Deputies are, 
Capt" Cip. Niccols, L'^t Jos. Wadsworth, for Hartford. 
M"" Henry Woolcot, M"" John Moore, for Windsor. 
Lnt Abr. Dickerman, M"" John Allyn, for N. Hauen. 
Mj" James Auery, M"" Nehem. Smith, for N. London. 
ahs. Mr Tho. Clark; M"" Sam^ Newton, for Milford. 
L'lt Tho. Heart, Ens. John Judd, for Farmington. 
Capt" Benj. Brewster, Ens. Richard Bushnel, for Norw<=h. 
My Josiah Rosseter, L"* Steuen Bradly, for Guilford. 
Mr Wm Maltby, L"' Eben. Stint, for Brandford. 
Lnt James Treat, Ens. John Chester, for Weathersfeild. 

* In the place of Major Nathan Gold who died March 4, 1694. 



1694.] OP CONNECTICUT. 121 

Mr W'" Dudley, M-- Robt^ Chapman, for Saybrook. 

M"" Dauid Waterbury, M'' Dan'i Westcar, for Staiidford. 

Capt" Nath. White, for Midleton. 

Ens. Tho. Jud, for Watterbury. 

M"" John Higiy, M"" Sam'i Willcox, for Simsbury. 

L"t Henry Crane, for Kellingworth. 

Capt" Thomas Yale, Ens. Nath. Royse, for Walhngford. 

abs. M«" Samii Wakeman ; M"" Eliphalet Hill, for Fayrfeild. 

Mr W'" Ely, Lnt Abram Brunson, for Lyme. 

M"- Mathew Maruin, M"- Sam'i Hayes, for Norwalk. 

M"" Eli. Kimberly, for Glassenbury. 

Capt. Georg Denison, Deacon Nehe. Palmer, for Stoneington. 

M"" Joseph Curtice, for Stratford. 

Mr Tho. Tracey, for Preston. 

This Court appoynt Col. AUyn and Major Fitch to return 
the thankes of this [Court] to the Reuerend M'" Moses Noyse 
for his great pains in preaching the election sermon. 

These Commissioners were chosen for the year ensueing : 
Mr Henry Woolcot, M"" John Moore, for Windsor ; M"" John 
Higley, for Simsbury ; M"" Thomas Judd, for Watterbury ; 
Capt. John Stanly and L"* Thomas Heart, for Farmington ; 
Capt" John Chester, L°t James Treat, Capt" Robert Wells, for 
Weathersfeild ; M"" Eliezer Kimberly, for Glassenbury ; Capt^ 
Nath. White, M^ W'" Cheeny, for Midleton ; Captaine Georg 
Gates, for Haddum ; Capt" Benj: Brewster, for Norwich and 
Preston ; M"" Joshua Riplc, for Windham ; Capt. James Auery 
and Mr Rich^ Christophers, for New London ; Mr Math Gris- 
wold, senr, and Mr W^ Ely, for Lime ; Mr Nath. Lynes, Mr W^" 
Dudley, for Saybrooke ; L^t Henry Crane, for Wallingford ;* 
Lnt Eben. Stent and Mr W™ Maltbey, for Brandford ; Mr 
Moss and Capt. Yale, for Walhngford ; Mr Tho. Clarke, Mr 
Alex. Bryant, Comr for Milford ; Capt. W°> Curtice, Mr Jer: 
Judson, Mr Jos: Curtice, for Stratford ; Capt. Minor, L"t Israel 
Curtice, for Woodbury; Capt. Eben. Johnson, for Derby; Mr 
Nathan Gold, Capt" Mathew Sherwood, Mr Sam'^ Wakman, 
for Fayrefeild ; Capt" Tho. Fitch, Capt" James Olmsteed, for 

* So in the record, — read Killingworth. 

16 



122 PUBLIC RECORDS • [May, 

Norwalke ; M^ Samuel Beebe, for Daiibuiy ; Capt" Silleck and 
L"*^ Jonath. Bell, for Standford; M"" John Reynolds, for 
Greenwich. 

Vpon the humble request of Fayrefeild alias Paquanaug 
that they may haue liberty to joyne themselues in church 
order, the Court hauing considered theire motion doe grant 
their request, they proceeding in an orderly way with the ap- 
probation of neighbour churches, and this Court desire they 
may haue the presence and blessing of God accompanying 
their good indeauoures therein, and the Court do grant that 
the name of Paquanage shall be altered and for the future it 
sliall be called Fayrefeild Uillage,* and whereas they haue 
desired liberty to choose a society recorder, this Court under- 
stand not ther end therein, they belonging and being of the 
townes of Fayrefeild and Stratford, and there being recorders 
there according to law this Court see no need of any others 
but leaue them at liberty to make record of their own perticu- 
lar affayres as they see cause and appoynt whoe they judg 
most suitable to make those records, allwayes prouided that 
the recorder of Fayrefeild is the only proper recorder of Fayre- 
feild and the village so farr as their bownds goe. 
[253] The Pequots of Daniels towne being destitute of a 
governo'' since the death of Daniel and now moueing this 
Court for a setled ruler to be appoynted ouer them, this Court 
haueing looked back upon former orders doe find that there 
are and hath been two stated townes or plantations of Indians 
and formerly two gouerno''s or rulers set ouer each of the 
townes. This Court considering the premises judg it best to 
continue them in the same way for the future and continue 
Mawmohoe to be Governo'' of that towne of the Indians that 
doth belong to Stoneington, and for the Pequots that belong 
to New London this Court doe nominate and appoynt Scattup 
to be ruler and gouerno'' for and dureing the pleasure of this 
Court, and L"t James Auery, M"" James Morgan, are appoynt- 
ed to councill and aduice those Pequots in the township of 
New London as occasion may call for, and Capt" Mason and 

* They had suggested that the place might be called Fairford. Ecclesiastical, I, 
129. The name was changed to Stratfield in May, 1701, — now Bridgeport. 



1694.] OF CONNECTICUT. 123 

Manassah Minor to doe the like for those Indians in Stoneing- 
ton under the gouerment of Mawmohoe. 

Whereas their most excelent* Ma^'^^ King W'" and Queen 
Mary by their letters pattents haue granted a Post Office to be 
set up in these partes of New England for the receiuing and 
disspatching of letters and pacquets from one place to another 
for their Ma^'es speciall seruice and the benifit of theire Mamies 
good subjects in these parts, this Court being willing to encour- 
age so good a worke doe order and enact that all such persons 
as shall be imployed by the Post Master Generall in the seu- 
erall stages within this Colony of Conccticutt shall and may 
pass and repasse all and euery ferry within this Colony, from 
the day of the date hereof for and dureing this Courts pleas- 
ure, without payeing any rate or sume of money either for his 
own or horses passage. 

This Court orders that whateuer was willed to Kitchama- 
quen by Daniel, either lands or orchard or other estate that is 
in his disspose, it shall be and belong to him, and what land 
they the Pequots haue peacably planted they shall reap and 
take of the fruits thereof in the appoynted weeks of haruest. 

Whereas John Lathrop in his life time solde to Samuel 
Browne seuerall persons [parcels] of land in Wallingford and 
deceassed before he gaue deeds of sale for the same, this Court 
impower the administrators to the estate of sayd Lathrop to 
make, signe, seal and deliuer, sufficient deeds for the confirming 
of the same to the heirs and assignes of sayd Browne, and the 
sayd Brown his administrators are authorized in like manor 
to confirm to John Doelitle those lands by firme deeds of sale. 

Whereas Samuel Whitehead of New Hauen in his life time 
made sale of some smale parcell of land in New Hauen to 
M"" Pearpoynt and deceassed before he gaue deeds for the 
same, this Court impowers the administrators of the estate of 
s^ Whitehead to make, signe, scale and deliuer, sufficient deeds 
for the confirming of the same to the heirs and assignes of sayd 
Pearpoynt. 

Whereas the town of Windham haue desired this Court that 
they may be of and belong to the county of Hartford, this 



124 PUBLIC RECORDS [May, 

Court grants that the sayd Windham shall be and belong to 
the sayd county of Hartford till the Court order otherwise. 

That there may noe inconuencie follow for the want of con- 
stables in the seuerall plantations, it is ordered by this Court 
that upon the decease or remoue of a constable in any planta- 
tion the towne shall forthwith by the townsemen call their in- 
habitants together and make a choyse of a new constable, whoe 
is imediatly to be sworn to attend the faythfull execution of his 
office, upon the penalty of hue pownds for euery neglect of the 
townsemen. 

Whereas it cannot but be expected that in the internals of 
the Generall Court there may occassions fall in which may call 
for consideration and determination, this Court doe therefore 
order that whatsoeuer matter of dificulty and emergency shall 
fall in betwixt this and the Generall Court in October next, 
this Court leans it with the Gouerno'' and Assistants that shall 
be conveened, prouided there be seuen with the Governo'' or 
Deputy Gouernor ; and in case there should fayle a sufficient 
number of Assistants, the Governor is to make up their num- 
ber out of the Deputies of the three next townes, Hartford, 
Windsor, and Weathersfeild, to consider and issue the same — 
allwayes prouided they doe not medle with the parting with 
any of our charter priuiledge without consent of the Generall 
Court. 

John Elsworth is plaintife by way of appeale from the judg- 
ment of the Court of Assistants held at Hartford May 7, 1694, 
Tho. Abby defendnt., which action was an action of repliuin of 
two oxen, one mare, one horss, with their gears and other 
things impownded to the damage of ten pownd : In this action 
the jury did finde for the plaintife tenn shillings damage and 
cost of court, cost alowed fine pownd seven shillings. This 
appeale withdrawn in Court. 

This Court grant Capt" John Chapman the priuilcdg of 
setting up a ferry ouer the Great Riuer in Haddum for the 
future. 

This Court grant Preston liberty to pay halfe of their rate 
in money which shall be accepted for their whole I'ate. 



1694.] OF CONNECTICUT. 125 

Samuel Hayward is plntf., Capt. Robert Wells is defendnt., 
by way of appeall from the judgment of the Court of Assist- 
ants held at Hartford May 7, 1694, which action was an action 
of the case for unlawfull detayning of a steer of sayd Wells's 
to a surrendery of the steer to sayd Wells with necessary cost : 
In this action the jury find for the defendent the surrendery 
of the steere in controuersy w^fa cost of courts for witnesses 
and attendance twenty fower shillings. In this action now 
the Court find for the find fur the defendnt. a surrendary of the 
steer in controuersy and cost of courts, and that Capt" Wells 
pay unto the plaintiff for his charge in wintering the steare 
and rates forty six shillings. 

Arthur Henbiiry is plntf. by way of appeal from the judg- 
ment of the Court of Assistants held at Hartford May 7, 1694, 
Samuel Willcox, Peter Buel, and Nath. Holcomb defendnts. : 
which action was an action of the case for that the townsmen 
of Simsbury doe neglect or refuse to giue unto the sayd Hen- 
bury a deed and record of a certain tract of land lyeing within 
the township of Simsbury ouer the mountaines towards Stony 
Brook, and is the 6* lott in that diuission and is forty rod in 
bredth at each end, and the jury fownd for the defendnt. cost 
of courts, cost allowed one pownd sixteen s. In this action 
the Court now find for the plntf. the land in controuersy and 
cost of courts, allowed fine pownds fiue shillings. 
[254] This Court being informed that Sarah Andrews of 
Waterbury, relict of Abram Andrews, doth request that she 
may haue liberty to sell the house and land her husband 
bought in way of exchange with Jonathan Scot, she being 
much in debt and the house lot being to be p'^ for, she desires 
her brother Porter being principle creditor may haue it seeing 
the estate is in debt. The Court grant her request and impower 
her so to doe. 

John Wyot as attourney to Weathersfeild is plntf. by way 
of appeale from the judgment of the Court of Assistants held 
at Hartford May 7, 1694, John Adgeet defendent, in which ac- 
tion the jury find that if the towne act be legall for the plntf., 
if it be not legall they find for the defendnt. cost of court ; the 
court haueing considered the verdict of the jury doe judg the 



126 • PUBLIC RECORDS [May, 

order of Weathersfeild concerning those lands not legall and 
find for the defendnts. cost of court, cost allowed six shillings. 
In this action the Court now find for the defendant cost of 
court, in the whole eighteen shillings. 

Capt" Daniel Clark as attourney to the church of Christ in 
Windsor desired this Court that they would declare their ap- 
probation of Mrs. Jane Hosfords will and testament, the Court 
haueing considered the same doe declare that they doe approue 
of the sayd will and testament and order it to be recorded.* 

The Court grants administration on the estate to M"" Henry 
Wolcot with the will anexed. 

Whereas John Willson and Samuel Willson petitioned this 
Court that they would grant them administration on the estate 
of M"" Tho. No well deceassed of Windsor they being next of 
kin to him in the country and no other impowered legally to 
look after the estate, this Court doe therefore grant adminis- 
tration on the estate of sayd M"" Thomas Nowell to John Will- 
son and Samuel with the will anexed. f 

* Mrs. Jane Hosford was the widow of that Henry Fooks of Windsor whose brief 
will is printed as that of Henry Packs( ?) in vol. I, p. 56. Possessed of real and per- 
sonal estate derived from her husband she married William Hosford whom she fol- 
lowed to England in August, 1655. In accordance with the custom then prevailing 
in Connecticut, as mentioned in the note at p. 72, her estate real and personal would 
upon her marriage pass to her husband. Before her marriage with Hosford she had 
reserved somewhat for her own disposal, and in process of time Mr. Hosford, having 
considerable of her reserved estate in his possession and some dissatisfaction arising 
thereupon, passed over to her about twenty acres of land in Hoyt's meadow, which 
had belonged to her former husband, to discharge in part what he was engaged to. 
Before she went to England she had made a will leaving this land for the use of a 
pastor or teacher in the church of Windsor, and subsequently confirmed the gift by 
a document dated at Tiverton, Co. Devon, Jan. 15, 1671. She was an ancient woman 
when she went away and had not been heard from for upwards of twenty years. The 
land was now in the possession of the heirs of John Hosford, to whom and to whose 
two sisters she had given the use of it during her life, and the Hosford heirs opjjosed 
the claim of the church on the ground that the giving of the land to his wife by Wil- 
liam Hosford was after marriage and during coverture. Col. Rec. of Deeds, 11,22, 220. 
Eccl I, 90-102. 

t Thomas Nowell died about the close of the year 1648. His will and inventory 
are printed in vol. I, 506. Christopher Nowell, the legatee in fee, then in Leeds, Eng., 
bequeathed in 1657, to Rebecca, daughter of John Greathead, of Morley, Yorkshire, 
all his land in New England. She in 1670, with her husband, Thomas Shipton, assigned 
the same to Thomas Dawson, of Morley, who in 1687, appointed his kinsman, Abra- 
ham Haseltine, of Bradford, Mass., his attorney, to whom John and Samuel Wilson 
resigned the administration May 17. 1697. Papers connected with the estate are in 
Priv. Controv. V, 6, 7, 8. Court Papers, I, 135-141. Col. Rec. of Deeds, &c., II, 
243, 256. 



1694.] OF CONNECTICUT. . 127 

Upon the petition of M'^^ Mary Collings of Midleton, this 
Court approues and grants liberty to the administrators of the 
Reuerend M'' Nath. ColHns to make sale of ten acres of medow 
land that belongs to Nath. Collins as part of his portion for to 
be improued for the bringing up of the sayd Nath. Collins in 
learning at the coledge. 

M"" Richard Edwards as attourney to Capt^ Anthony Chikly 
of Boston petitioning this Court that they may by reason of the 
late Marshalls deceasse who had an execution to serue for s'^ 
Chickly on Tahan Grant of Windsor and as they say dyed be- 
fore execution was perfected by him that he might hauc a new 
execution or other order to finish the serueing thereof: this 
Court haueing considered the premises doe declare they find 
execution was granted and leuyed and that sayd estate was 
apprized and M^ Edwards hath had the improuement of it for 
two yeares past and if any negligen[ce] hath omitted what was 
farther necessary to be done those agreiued may seek their re- 
leif as they see cause. 

In answer to the petition of those on the east side [the] 
riuer at Hartford to haue liberty of a minister, this Court 
recommends it to both societies to meet and consider the pro- 
posals made by their neighboures on the east side the Great 
Riuer and seriously consider the reasons in the sayd petition 
&c. in hopes their will be a good agreement, and upon farther 
application of the persons concerned this Court will farther 
consider of the case. 

This Court granted M^ Alex. Allyn and M"" Maccum fine 
pownds tenn shillings out of the country rate for damage the 
sayd Mackam recef" by the damage in eleuen barells of porck 
the country had of them. 

This Court order that the acco'^ of the Colony shall be au- 
dited in the first week in October next, and this Court appoynts 
Capti Witherel*, Capt. Niccols, M"" John Chester, Mr John 
Allyn of New Hauen, M"" Bastard, they or any three of them, to 
audite the acco*»' of the Colony the first weeke in October next. 

This Court grants liberty to the administrators on the estate 
of Nath. Adams late of Fayrefeild deceassed to make sale of so 
much of the deceased's lands as may sattisfy such debts as are 



128 PUBLIC RECORDS [May, 

diie from the sayd estate, the moxieable estate falling short of 
payeing the debts of the sayd Adams. 

This Court alovves John Watson for his wounds and cure 
and loss of time by sayd wownd which he receiued in the 
country seruice the sume of fine pownds. 

Wliereas the inhabitants of Windsor on the east side of the 
Great Riuer hau^ petitioned this Court that [they] may haue 
liberty to procure and setle a minister amongst them to bo 
mayntayned by the present inhabitants and those that shall 
inhabit there hereafter,* this Court grants there petition that 
they may procure a minister to setle with them, prouided all 
those that Hue on the east side the riuer shall be at liberty to 
continue and repayre to the ministry on the west side and there 
to pay their dues and dutys, and all those on the west side of 
the riuer that haue estate in land or otherwise on the east side 
their estate shall be rated to the ministry of the west side, and 
this order to take no place till they of the east side haue a 
minister setled among them and to continue no longer then 
they doe keep a minister there. 

This Court by their vote granted that Glassenbury should 
be freed from paying their country rates ready past all except 
their penny rate which was to be payd in cash. 

There being a continued difference between Stoning [ton] 
and Preston about their bownds, this Court for the issue of the 
same doe order that Stoneington north bowndes shall be as 
followeth: they shall begin their norwest corner at a great 
whit oak tree marked by Capt" James Auery and James Mor- 
gan with ten notches, sayd to be ten miles from the sea be it 
more or lesse, and this Court [order] that a direct line from 
the sayd white oake to the northeast corner of Stoneington 
bownds at the ceder tree marked and layd out by L^t Leffing- 
well and Ens. Tracey shall be and remayn the north bownds 
of Stoneington, any former order to the contrary notw''^- 
standing. 

[255] This Court by their vote did appoynt Deacon Palmor, 
Ens. Ephraim Minor, Tho. Tracey and John Parke by this 
Court appoynted to run the line between Preston and Stone- 

* The petition with forty-four signatures is in Ecclesiastical, 1, 103. 



1G94.] OF CONNECTICUT. 129 

ington according to order of Court upon the towne charges 
and to make return to the Coiirt as soon as it is done.* 

Tliis Court orders that tlie Treasurer shall accept of no bills 
for payment of debts due from the countr[y] but such as are 
signed according to la^ and specify ed for what the country is 
indebted to them by their bills. 

Whereas in the law title Juries and Jurors, in the 4"' para- 
graph it is sayd It shall be in the jjower of the court to im- 
jiancl another jury &c., it is repealed, and it is ordered it shall 
not be in there power to impanell another jury. 

The Court is adjourned till the Governo'" or Dcpt. Gov 
shall see cause to call them againe. 

[The following, as an order of this session, is found in the Windsor and in the 
Stanly MSS.] 

This Court, considering the charges the Colony is at for 
raayntaining of forts, having frequent occasion for protection 
of our navigation trading amongst us as well as ourselves, doe 
tlierefore see cause to order and appoint that every vessell 
above eight tuns coming under the command of our forts to 
unliver or load shall pay to the office of the place where they 
shall enter and clear, for every tun above eight one quarter of 
a pound of ammunition for the fort where the said vcssells doc 
enter and clear ; provided all their Majesties subjects may have 
liberty to come into any of our harbours only to wood and 
water and go free if they stay not above forty eight liours or 
that wind and weather prevent, otherwise to pay as abovesaid ; 
o-nly such vessells as do frequently and often pass and repnss 
shall be cleared for paying twice a year.f 



A Generall Court iikld at Hartford, October Iftii, 1G94. 

Eobt Treat, Esq^, Gov. 

W'n Joanes, Dcpt. Gov. 
Lnt Col. John Allyn, M'" Nath. Stanly, 

Capt. Andrew Lcete, M"" Daniel Witherel, 

Capt. James Fitch, Capt. Caleb Stanly, 

Capt. Sam" Mason, Capt. ]\[oses Mansfcild, 

Capt. John Biu'r, M"" John Hamlin. 

* Papers about the bonnduries of Preston and Stoniiigton are in Towns and Lands,. 
I. 239, 240, 243, 244, id. II, 2, 7. 
t Stanly MS. Twice in one vear. 

17 



loO PUBLIC RECORDS [Oct. 

Be'pulies : 
Capt. Jos. Wadsworth, Capt. Ciprian Niccols, for Hartford. 
M"" Henry Woolcot, M'' John Moore, for Windsor. 
M'- James Treat, M"- Robt. Wells, for Weathersfeild. 
L"'^ Abram Dickerman, M'" John Allyn, for New Hauen. 
M"" Sam" Fosdick, Capt. Tho. Auery, for New London. 
M"" James Judson, M'" Nath. Sherman, for Stratford. 
M'' Nath. Lync, L"* John Clark, for Saybrooke. 
Mr Tho. Clarke, L^ Sam. Newton, for Milford. 
Sarjt John Piatt, M^ Thomas Betts, for Norwalk. 
M"" Nehemy: Palmer, M"" John Denison, for Stonington. 
Capt. Benj. Brewster, M'' John Tracey, for Norwich, 
(-apt. Georg Gates, for Haddnm. 
L"t Tho. Heart, Ens. John Jndd, for Farmington. 
L»t John Morgan, M^ John Parke, for Preston. 
Ebenez. Mead, for Greenwich. 

Mr Daniel Wcstcar, M-- Daniel Weed, for Standford. 
Timo. Standly, for Waterbury. 
Mf Nathan Gold, M'" John Wakeman, for Fayrfeild. 
[256] My W"" Ely, L"f Abr. Branson, for Lyme. 
Capt. Tho. Yale, Deac. Jn" Hall, for Wallingford. 
M'" John Higley, M"" Sam. Wilcoxson, for Simsbnry. ' 
Mf Josi. Roseter, Deacon W'" Johnson, for Guilford. 
L"*^ Henry Crane, for Kellingworth. 

[255] The Gonerno'" gane the Generall Conrt an acco* of 
their transactions npon the soliscitations of his Excclency 
Col. Fletcher, and his Excelency S"^ W'" Phips, and L'^t Gov 
Stoughton, witli the desire of the Fine Nations that we shonld 
by some agents and some sonldiers meet at Albany to renew 
the ancjent Icagne of frcindship with the Fine Nations, which 
liath been attended to the great cost of tlie Colony to the Talur> 
of about 400L This Court doe thank the Gov and Councill 
for their care and endeauoures about the same and doe ap- 
proue thereof.* 

* War, II, 226-239. The Governor and Council appointed Lt. Col. Allyn and Capt. 
Stanly, with a guard of sixty dragoons commanded by Capt. Wadsworth, to attend 
the negotiations. A journal kept by Rev. Mr. Wadsworth, of Boston, who attended 
the Massachusetts Commissioners, is printed iu IV, Mass. Hist. Coll. 1, 103. 



1094.] OF CONNECTICUT. . 131 

And whereas M^ Leuingstou doth make a demand of G/. 
cash for coppyes of the transactions with the Indians at Albany 
August last, this Court haueing considered the same doe not 
see reason but doubt not but what is to be payd will be payd 
will he payd by them that set him a Avork to giue our gentle- 
men tlic coppyes, they not improucing Mi" Leuingston to write 
them. 

The list of the persons and of the estates of if Colony. 

Persons. I. s. d. Persons. I. s. d. 

275 Hartford, 18115 00 00 171 Milford, 09697 00 00 

120 Midleton, 05800 00 00 256 New Hauen, 14009 00 00 

180 Fayrefeild, 10080 00 00 079 Lyme, 04331 00 00 

203 New Loudon, 10472 00 00 112 Standford, 05338 00 00 

102 Saybrook, 05323 0000 072 Brandford, 03855 00 00 

043 Waterbury, 01554 00 00 108 Norwich, 05576 00 00 
076 Haddum, 03005 00 00 212 Weathersfeild, 11289 00 00 

060 Wailinaford, 04226 00 00 44 Glassenbury, 01708 00 00 

059 Greenwich, 01689 00 00 120 Guilford, 07079 00 00 

072 Simsburv, 03661 00 00 085 Norwak, 05467 00 00 
130 Stratford, 08720 00 00 Derby, 
109 Farmington, 06937 00 00 Preston, 

319 Windsor, 15376 00 00 061 Woodbury, 03049 00 00 

122 Stoneington, 06047 00 00 048 Kelingworth, 02127 00 00 

[256] Samuel Lewes is plntf. by way of appeall from the Court 
of Assistants October 4, 1694, M"" Joseph Rowlcnson defend* 
which action was an action of the case for that he unjustly and 
fraudulently transported and sold a hors of his w^'^out his 
knowledg and approbation to the damage of twenty pownds in 
the year 1687, in which action the jury did find for the de- 
fendant cost of court. In this action tlie court find for the 
plntf. that the defendant pay to the i)lantife for his horsse tliree 
pownds and for the charge of the court and his prosecution 
six pownd in pay and 20s. in money ; the whole is 9Z. in pay , 
and 20s. money. Execution M Feb. 27^^, 169|, for 101. 

John Willson and Samuel Willson as administrators to the 
estate of Mr. Tho. Nowell late of Windsor deccassed plntf. by 
way of appeale from the judgment of the Court of Assistants 
October 4, 1694, Thomas Cook dcfendnt., which action was an 
action of the case for illegall entering upon a certain estate 
sometime belonging to M^ Thomas Nowell in tlie townc of 



132 PUBLIC RECORDS [Oct. 

Windsor and improiieing the same, it being a dwelling house 
and home lot with other lands belonging thereto, to a surender 
of the sayd house and land with twenty shillings damage : In 
this action the jury did find for the defendant cost of court. 
In this action this Court find for the plntf. cost of the court 
and a surrender of the sayd house and land to sayd John and 
Samuel Willson as administrators [to] M"" Tho. Nowells estate 
late of Windsor deceassed. Cost allowed John Willson 4 
dayes attendance and Samuel Willson 3 daycs attendance. 
Execution deliuered November !«*, 1(304, for a surender of 
the house and land and three pownds twelue shillings cost. 

M"" Henry Woolcot as attourney to the church of Windsor 
plntf. by way of appeale from the -judgment of the Court of 
Assistants October 4, 1694, John Hosford defendnt.: which ac- 
tion was a complaynt for his neglecting or refuseing to make 
deliuery of a parcell of land belonging to the estate of M.'^^ 
Jane Hosford by her dissposed of her by her last will w hicli 
will receiued its sanction by the sentance of the Generall Court 
May last, the land being in quantity twenty acres of meadow 
and sAvamp lyeing within the township of Windsor at a place 
comonly called Hoyts meadow, to a surrender of the land with 
liue pounds for the use of the land : In this action the jury did 
find for the defendant cost of court. In this action the Court 
find for the plntf. the action and cost of this court. Ex. M 
January 10, 169|. 

This Court continues there former order respecting a Coun- 
cill in the interualls of the Generall Court till the Generall 
Court in May next. 

This Court alowes that horses shall be payd for the journey 
to Albanah August last 18s. p horse. 

Daniel Mathews the condemned malefactor* haueing been 
reprciued by three of the Assistants, and Daniel Mathews 
petitioning this Court to consider and grant him releife and 
inlargement from his imprisonment, this Court haueing coji- 

• — ■ s " 

* The prisoner Daniel Mathews, alias Taylor, late of New York, had been con- 
victed of several rapes before the Court of Assistants, in October, 1693, and sentenced 
to death. Rec. Co. of Assist. II, 21, 27. Crimes and Misdemeanors, I, 197-201. By 
the aid of William Wright, an Indian, and John Rogers, jun., of New Loudon, lie 
escaped -from prison and out of the Colony, but was recaptured. 



1694.] OP CONNECTICUT. 133 

sidered tlie case and the objections made by those that granted 
the repreiue and by the prisoner, this Court haueing duely 
considered the premises doe not see reason to grant him any 
goale deliuery. 

This Court allowes M"" Bryant -iOs. as an adition to the 11. 
granted for damages about porck and beife. 
[257] M'" Wliitting is by this Court approued to be Ensigue 
of the traine band of the sowth side of the litle riuer in Hart- 
ford, and is to be commissionated accordingly. 

Whereas there is a misunderstanding about the setlement 
of the bownds of Stonington their north bownds which is in 
part Prestons sowth bownds, the Court haueing considered 
the same and what they haue at former Courts and now heard, 
for a finall issue of this mater it is ordered by this Court and 
the autliority thereof, tliat a direct line from the norwest 
corner of Stoneington bowndes, which is a white oake tree 
with ten notches cut in it, to the north east corner of their 
bowndes, which was a ceder tree marked and layd out by L^t^ 
[Leffingwell] and Ens. Tho. Tracey, or as neere that tree as 
they can come at shall be the north bownds of Stoneington 
and the sowth bownds of Preston, so far as those two townes 
bownd one upon another; and that what lands Stoneington 
haue formerly layd out to any of their inhabitants within Pres- 
ton bowndes or what lands Preston haue layd out to any of 
their inhabitants in Stoneington l)Ownds through any misstake 
of the bownds the propriety shall remayn good to the person 
to whome it was granted but the sayd lands to be subject to 
the order of that towne in whose bownds it shall fall, any 
former order to the contrary notw^^istanding ; and L^^' Lefing- 
well and M"" Sam^' Chester and John Post or any two of them 
are to lay out or run and marke out this line forthwith at the 
charge of the respectiue townes of Stonington and Preston, 
and make report of the same to this Court. 

Tliis Court grants a rate of three pence p pownd to be raysed 
of all the estate of this Colony, to be payd in wheat, good 
winter wheat at os. p bushell ; Indian 2s. GcZ. p bush. ; pease 3s. 
bushell, not bugge eaten ; good and merchantal)le rye 3s. p 
bush.; porck well repact 3Z. 10s. p barell; beife 2?. 5s. well 



134 PUBLIC RECORDS [Oct. 

repact, all to be good and merchantable. If any will pay 
money for his rate lie shall pay the one lialfe of it in currant 
money and so it shall be accepted for his rate, allwayes pro- 
uided no man shall pay aboue a third part of his rate in rye. 

This Court by their vote granted to New London the sume 
of sixty pownds towards the charge of the rebuilding of their 
meeting house, to be payd out of their country rate. 

This Cour[t] grant unto Waterbury their country rate for 
tliis year towards the finishing of their meeting house, prouided 
they doe discharg what debts are due to them from the coun- 
try there. 

These were nominated for the election in May next, Col. 
Rob' Treat, Esq"", W'" Joanes, Major Winthrop, Sam" Willys, 
John Allyn, Andrew Leet, James Fitch, Sam" Mason, John 
Bur, Daniel Witherle, W'^ Pitkin, NathH Stanly, Caleb Stanly, 
Moses Mansfeild, John Hamlin, Esqi^^, Capt. Jona. Silleck, 
Nathan Gold, M"- Tho. Trowbridg, M^ Henry Woolcot, Doctor 
Tiio. Hooker, M^ Rich'* Christophers, M>" Alexander Bryant, 
M'' John Moore, M'' Nath. Lynes. 

This Court grants the Gov a sallery of one hundred pownd 
for this ycare, and the Deputy is granted forty pownds, the 
Secret''y is alowed twenty line pownds, and the Treasurer is 
allowed thirty pownds, and the Marshall fifteen pownds. 

This Court made choyse of M"" John Burr to be Sarj' Major 
of Fayrefeild county, who is to be commissioned accordingly. 

This Court makes choyse of Captaine Mansfeild to be Sarj' 
Major of New Hauen county, whoe is to be commissioned ac- 
cordingly. 

This Court made choyse of the Honoured Gov, Col. Allyn, 
Capt. Mason, Capt. Fitch, M"" Nath. Stanly, Capt. Caleb Stanly, 
M^ John Hamlin, they or any fine of them, and impower them 
to be a court of oyer and terminer in way of chauncery for the 
issue of a case depending between M^ Samuel Willys and M"" 
John Blackleach, both of Hartford, to hear and issue the same 
as they shall haue oppertunity. 

Upon the request of Quanapew, tliis Court grant him liberty 
to prosecute his complaint against Deacon Isack More at the 
comon law and remoue all barrs out of his way. 



1694.] OF CONNECTICUT. IBo 

This Court frees Samuel Dix his person from the list of 
estates by which rates are made, by reason of his weaknesse. 

Upon the motion of widow Wells* of Dearefeild that she 
might haiie liberty to crane the charity of the good people of 
this Colony for her releifc of the great charge she hath bin at 
in the cureing the wounds of her children whicli they receiued 
by the Indians, this Court recommends it to the congregations 
in Windsor, Hartford and Weathersfeild and Farmington to 
be charitably helpfull to tlie woman therein. 

Upon the motion of M^ John Goodyear that he might haue 
liberty to receiue a parcell of land giuen to his father formerly 
and to him by the Indians now of late, lyeing at Pockatonick, 
this Court doe grant him liberty to receiue the same for his 
owne benifit, and confirm it to him his hcires and assignes for 
euer. 

[258] This Court findeing tliat former pronission for killing 
of wolues is not sufficient, this Court for the incouragment of 
the good peopl to destroy those pernicious creature [s] doe se 
reason to grant an addition of two shillings a head out of the 
country rate to be payd by the Treasurer for all such wolues 
as are killed in this Colony. 

It is allso ordered that whosoeuer shall kill any panter in 
this Colony and make it so appeare he shall be payd out of the 
pub: treasury twenty shillings p head. 

Whereas the good people of Woodstock haue petitioned this 
Gen" Assembly to giue and grant confirmation of what lands 
may fall witliin this Colony lyne in such proportions as allready 
is or hereafter may be agreed on within the compass of sayd 
grants, this Court grants the petitioners their desire and peti- 
tion, and for the incouragement of the good people in their 
l)eginings at Woodstock, they haueing been at so great a 
charge to setle and plantation, .this Court allso grants to all 
the inhabitants within the lyne of this Colony shall be freed 
from ordinary country charges for two yeares from the date 
hereof. 

This Court doe appoynt M^ John Butcher to run the lyne 

* Widow of Lieut. Thomas Welts, .and daughter of Williuin Buoll of Windsor. 
Hist, of Hadley, 260. 



136 PUBLIC RECORDS [Oct. 

between Massachusets and Conecticutt willi Capt. W'" Wliit- 
ting and M"" Samuel Chester according to former order. 

This Court doe for the sattisfaction of such as are consci- 
enciously desireous to be marrj^ed bj the ministers of their 
plantations doe grant the ordayned ministers of the seuerall 
plantations in this Colony liberty to joyne in mariage such 
persons as are qualifyed for tlie same according to law. 

This Court orders that if the genf^ of Boston doe neglect to 
run tlie line witli us between this Colony and the Massachu- 
sets, that then those of this Colony are to run the line of them- 
solues without them and to make report thereof to tliis Court. 

As an addition to former lawes, whereas there is an exceding 
great abuse in this Colony by those who presumptuously re- 
tayle strong drinck or liquors unto men whoe are poore and 
not able to pay for the same without great prejudice to them- 
selues and famalyes by such irregularities, for the prevention 
tliereof as much as may be, it is therefore enacted by this 
Court and the authority tliereof, that after publication hereof 
whatsoeuer person or persons shall sell or retale strong drinck 
under the quantity of an anchor at a time in any of the planta- 
tions of this Colony without lycenss from authority according 
to law they shall haue no liberty or l:)enifit of the law to recouer 
their debts for the same. 

Whereas at a meeting of the towne of Hartford October 5"', 
1694, in complyance with the recomendation of the Generall 
Court May last, sundry of both societies being met together 
and the rest being warned to meet, we haue considered the 
motion of o"" neighboures on the east side and that in reffer- 
once to their desire of setling a ministry on the east side of the 
riuer, we doe declare we prize their good company and cainiot 
without their help well and comfortably carry on or mayntaine 
the ministry in the two societies here, yet upon the earnestnes 
of c neighbours to be distinct because of the trouble and dan- 
o-er they complayne tlioy are exposed to by comeing ouer to the 
pul): worship here, which difliculty they could not but foresee 
!)efore they setlcd where they are and therefore is of less wayte 
to us, and upon these considei'ations we canot be free to parte 
with our good neighbours, yet if the Generall Court see cause 



1694.] OF CONNECTICUT. 137 

to ouciTule in this case wo must submit, Init we desire if so it 
must be that then those of the g'ood people of the east side that 
desire to coutiuuue with us of tlie west side shall so doe, and 
that all the laud ou the east that belongs to any of the pcoph' 
of the west side shall pay to the ministry of the west side, and 
that all the land of the west side shall pay to the ministry of 
the west side though it belongs to the people of the east side, 
allso it is to be understood that the good people of the east 
side shall pay to the ministry of the west side till the people 
there haue an orthodox minister there amongst them, and at 
all times when they shall haue no such minister amongst them 
they shall pay to the west side ministry : upon these foregoe- 
ing conditions and articles the Court grants them liberty to 
procure and setle an orthodox minister ou the east side the 
Great Kiuer in Hartford. 

This Court being informed by our neighbours of Windham 
that sundry of their towne who haue taken up land there and 
yet are not setled there doe neglect payeing ther sayd rates, 
and the inhabitants canot com at their .personall estate to leuy 
the same for their sayd rates, this Court therefore judg that 
in all such cases they shall and may seiz there lands for their 
rates and bring the same to a tryall, if it be under forty shil- 
lings before an Assistant or Com"", and upon judgment to pass 
to execution. If the same be aboue forty shillings then to 
pass to a tryall in the county court. 

The Court is adjourned till the Gov or Deputy Gov shall 
call them together agayne. 



[259] A Court of Election held at Hartford May 9, 

1G95. 

These were nominated to stand for election, 

Col. Robert Treat, W'" Joanes, Major Gen'i Ji\° Winthrop, 

Sam') Willys, L. Col. John Allyn, Capt" Andrew Leet, Capt. 

James Fitch, Capt. Sam" Mason, Capt. Dan. Witherly, Nath* 

Stanly, Capt Caleb Stanly, Major Moses Mansfeild, Capt. John 

Hamhn, Esq^^ Capt. Jona. Sillick, M'- Nathan Gold, M' Henry 

Woolcot, Mf Alex: Bryant, M^ Tho: Trowbridg, M^ Tho: 

18 



138 PUBLIC RECORDS [May, 

Hooker, M'- Riclmrd Christophers, M-- John Moore, M^ Nath. 

Ljnes. 

These ivere eleeled, 

Col. Rob' Treat, Esq-" Gov, 

W'n Joanes, Esq"", Dep^ Gov, 
Assistants : 
Major Gen. John Winthrop, Nath. Stanly, 

L. Col. John Allyn, and jSec'i/, Caleb Stanly, 
Andrew Leet, Moses Mansfeild, 

James Fitch, John Hamlin, 

Sam'i Mason, Jonath. Silleck, 

Danii Witherly, Nathan Gold,* Esq>-^ 

Joseph Whiting, Treasurer. 
Bepnties are, 
Capt. Jos. Wadsworth, Capt. Ciprian Niccols, for Hartford. 
M"" Henry Wolcot, W Dani' Heyden, for Windsor. 
L"t Abrani Dickerman, M"" John Allyn, for New Hauen. 
M"" James Benit, for Fayrefeild. 

M"" James Auery, M"" James Morgan, for New London. 
L"t John Tracey, for Preston. 

Captn John Stanly, Capt. Tho. Heart, for Farmington. 
Ml" Ephraim Stiles, M^ Nath. Sherman, for Stratford. 
Mr Tho. Clarke, M^ Siluanns Baldwin, for Milford. 
L"' Henry Crane, for Kenilworth. 
Capt. Benj. Bruster, Ens. W'" Bushnell, for Norwich. 
Capt. Tho. Yale, for Wallingford. 
Sarj. Timo. Standly, for Waterbury. 

Li' James Treate, M^ John Chester, juni", for Wethersfeild. 
M"" John Rosseter, M"" Tho. Mecock, for Guilford. 
Capt. Johnson, Ens. Riggs, for Derby. 
Sam'' Hayes, Jacin Gregory, for Norwalk. 
John Hollon, Nehomiah Palmer, for Stonington. 
Dan. Braynerd, for Haddum. 
Capt. Nath. White, M^ W"' Clieeny, for Midleton. 
Mr Win Eiy^ M'' Abram Brunson, for Lyme. 
Mf Nath. Lynes, Deacon Dudley, for Saybrooke. 

* The last two elected to supply the vacancies occasioned by the death of Mn jor 
John Burr, which took place after October, 1694, and that of William Pitkin, Decem- 
ber 16, 1694. 



1695.] OF CONNECTICUT. 139 

Com''' wer chosen for the sexier al townes : 
For AViiidso[r], M"" Hemy Woolcot and M"" John Moore: 
Capt. John Chester and L"' James Treat, for Weathersfeild ; 
('apt. White and M'" W'" Cheeny, for Midleton ; Capt. Georg- 
Gates, for Haddam; Capt. John Stanly, L"' Tho. Heart, for 
Farinington ; L'>t Tho. Judd, for Waterbury ; M"" Joshua Kiple, 
for VVindham; Capt. Benj. Bruster for Norwich and Preston: 
AP Rich'i Christophers and Capt. James Aiiery, for New Lon- 
don ; M"" W"i Ely and M"" Mathew Griswold, for Lyme ; M^ 
Nath. Lynes, Mi" W'" Dudley, for Saybrooke ; M' Henry Crane, 
for Kellingworth ; M'' Moss and Capt. Yale, for Wallingford ; 
L'l' Eliezer Stent, for Brandford ; M"" Alexander Bryant and 
M'' Tho. Clarke, for Milford ; Capt. Ebenezer Johnson, for 
Derby ; Capt. John Minor and Iscrol Curtice, for Woodbury : 
( !apt. W'n Curtice, M"" Joseph Curtice, M'' Richard Blackleach, 
for Stratford ; M"" John Wakeman, C'apt. Mathew Sherwood, 
for Eayrefeild ; Capt. James Olmstecd, for Norwalke ; L"' Jo- 
nath. Bell, for Standford ; M^ John Reinolds, for Greenwich : 
Mr James BeBee, for Derby.* 

Upon the petition of M'' Nath. Wadef that this Court would 
grant him liberty to practice phissick and chirurgery, the 
,Ct)urt haueing had sufficient certificate of the sayd Wade his 
good abillities and prosperous successe in liis former practice 
doe see reason to lycenss and grant him liberty to practice 
phissick and chirurgy in this Colon}^ and desire the blessing of 
God may accompany his endcauoures. 
The same priuiledg and liberty is granted to M'" John Fisk.J 
The Court left it with M"" Nathan Gold [to admhiister] the 
oatli of an Assist, to M"" Jonathan Silleck, Assistant, and to 
tho Com's in the county of Fayrefeild, except to Woodbur\- 
Commissioners ; and M"" Heart to administer the oath to Ens. 
Judd, and sayd Judd to administer the oath of a Commissioner 

* So in the record, — read Danbiiry. 

t Xathaniel Wade represents that he was educated at the college in Cambridge, 
tlsough his name docs not appear among those upon wliom degrees have been con- 
leired there, and presented recommendations from Rev. Israel Chauncey and Jame-; 
I'icrpont. He was now an inhabitant of New Haven. Civil Officers, &c. I, 30, 32. 

t Mr. Fiske had practiced medicine for several years in Wenham, Mass., but was 
now settled at Milford. His petition and testimonials are in Civil Officers, &c., I, 33, 



14:0 PUBLIC RECORDS [May, 

to Capt" Minor and L»t Curtice ; and M^ Withercl to adminis- 
ter the Comrs oath to Capt. Auery and M'" Christophers, and 
Mr Fitch to administer the oath to M"" Riple ; M"" Lynes to ad- 
minister the oath to M"" Mathew Griswold, and M' Ely to ad- 
minister the. oath to Capt" Gates. 

This Court appoynt Capt. Mason and M'" James Morgan and 
M^ James Auery and L»^ Tlio. Heart to hear what the Indians 
haue to complayne of, and to consider what they sliall present 
to them and what may be meet to be done therein and present 
it to the Court to make a setlement thereof. 

This Court free Thomas Norton, Luk Hill, and Jolm Rus- 
ooe, their persons from the list of estates by which rates are 
made. 

[260] This Court upon the motion of the deputies of Had- 
dum doe countenance and encourage the good people of Had- 
um to imbody themselues in church estate, prouided they 
attend that good work according to law with the consent of 
the neighbouring churches. 

This Court granted Mary Roberts to make sale of a parcell 
of outland called a 3^^ diuission land in New Hauen, containing 
about thirty acres, for the necessary supply of herselfe and 
children, her husbands being insoluant when lie deceassgd 
and leaning seuen children av^'' her to bring up; the Court 
grant her request and im power her accordingly to make Icgall 
conuayances for the same. 

This Court for the setlement of the Pequit Indians oi'dcr as 
followcth, that those of the councill by the Courts appoynt- 
ment doe take the care and gouerment of the Indians which 
did appertaine unto Mamoehoe, they to remoue into the bownds 
of Stonington with a liberty of improuement of their lands in 
New London so long as they shall behaue themselues peacea- 
bly and the towne of New London shall agree, and that Wass- 
catup is hereby ordered to take the care and gouerment of the 
Indians liueing in the bownds of New London according to 
former order. 

Wesscatup and peo})le desire this Court to continue Capt" 
.Tames Morgan and L"t James Auery to aduise and councill 
them, whiclv the Court accordingly doe allowe, and doe order 



1695.] OF CONNECTICUT. 141 

that tliey saj-d ouerseers shall take care that Scattiip be not 
opprcssiue to any of the natiiies under his care. 

This Court upon the motion of Margaret Tonipson that she 
and her husband haueing morgaged her house and land to M' 
Jonah and Timothy Clark for a certaine sume of money in 
sayd mortgage fully specifycd she alledging that she can make 
sale of it to her adu.antage and gains somthing for her com- 
fort if she might liaue liberty to make sale of the same, this 
Court doe therefore grant sayd Margaret Tompson administra- 
trix to the estate of John Tompson power slie payeing her debt 
and the interest and take up the mortgage to make sale there- 
of for the best aduantage of herselfe and children. 

This Court doc for good reason grant the lleuerend M>" 
Peirsou two hundred acre of land for a farme, prouided he 
take it up where it may not be prejudiciall to any perticular 
person or plantation, and the surueyo'" of the next town where 
he shall take up his fufm is a|)poynted and impowcred to lay 
it out to him according to his grant. 

This Court doc hereby repeall that part of the law which 
was made Octob"" 12, 1682, that orders execution shall not 
pass forth from the first of May till the first of Nouember an- 
nually, and doe now order that execution shall pass forth at 
any time and season requireing the same after the publication 
hereof. 

Whereas this Court Octob'' 12''% 1682, ordered that upon 
execution the estate shal be sold at an outcry, this Court doe 
now see reason to order that after publication hereof that no 
estate taken by execution for debt shall ho sold at an outcry 
but shall be deliuercd upon aprizall according to the Iffw title 
Executions, rates and fines excepted. 

This Court upon the petition of seucrall of Weathersfeild 
and Glassciibury that this Court would apoynt a committee to 
setle the bounds of their lands on the east side of the great 
riuer at Nabuck which two committees were appoynted to doe 
but did not finish the same, this Court doe therefore order and 
appoyut Sarjt Jolm Doming, Sarj"^^ John Wells, M"" James 
Treat, and Benja. Churchall, to attend the sayd seruice and 
perfect the same according to the first and originall grants as 



142 PUBLIC RECORDS [May, 

iieer as tliey can, to begin at the sowth side of Capt. Tallcots 
lott and so to proceed as there is occassion. 

Upon the motion of Nathaniell Bissell this Coiirt doe grant 
him liberty, if the necessity of the cliildren reqnire it or the 
want of estate to pay just debts, to make sale of a house and 
land that [he] receiued by vertue of an execution from the 
Marshall as he was administrator to the estate of his son in 
law Talian Grant, jun"", and that Nath: Bissell upon the re- 
ceiucing of the same to giue securety, that when just debts are 
payd the remaynder shall be preserued and improued for the 
Avidow and childrens benifit. 

Mr. John Fyler is plntf. by way of appoale from the Court 
of Assistants held at Hartford May 7*^, 1695, Zerubabel Fylcr 
defendant, which action was an action of debt due by bond of 
one hundred pound for that he did neglect or refuse to abide 
by and perform the awarde of ]M'' W'" Pitkin, M'" Nath. Stanly 
and M^" John Higley, tlicy being chosen to issue maters be- 
tween them as appears Ity the bond itselfe bearing date March 
1, 9f ; in which action the jury did find for the then plntf. 
Zerubabell Fyler cost of court, cost alowed 2.1. As. Qd. This 
appeal withdrawn and the papers were by order of Court de- 
liuered up to them, they haueing determined to burn them 
1)oth plaintife and defendant. 

Thomas Heart was chosen and confirmed Captain of Farm- 
ington traine band, and John Judd L"', and John Heart En- 
sign of sayd traine baiid, and are to be comissionated acord- 
ingly. 

[2(:)1] Joseph Peck is plntf. by way of appeale from the 
Court of Assistants held at Hartford May 7, 1G95, Samuel 
Hayward defendant, which action was an action of the case 
for that he the sayd Peck did in or about the moneth of De- 
cember, 1693, make sale of a steer to Samuel Hayward for the 
Kume of fewer pownds country pay, which steer was claymed 
l)y Capt. Robert Wells of Wcatliersfeild whoe recouered sayd 
steer with cost of court from sayd Ilayvv^ard, and for that he 
neglects and refuses to pay sayd Hayward the cost and charges 
•„. n the 4:1. he receiued for tlie sa^al steere, with damage to 
tlie value of twelue pownds as shall be made appeare, with 



1(395.] OF CONNECTICUT. l4d 

necessary costs: In this action the jury finde for the plaintife 
seuen pownd and cost of court if the law doth determine that 
a judgment of the Gencrall Court is an end of laAV, if not they 
find for the defendnt. cost of court, the Court judg in the 
affirmatiue that a judgment of the Gcnerall Court is an end 
of law and accept of the verdict of the jury and allowed cost 
11. 8s. 6d. In this action the Court find for the defendant 
eight pownd eight and six pence and cost of this court for o 
dayes attendance six shillings. Execution granted Feb, 27, 
169f. 

The executors of John Sads estate appeared before this 
Court by way of appeale from the judgment of the Court of 
Assistants May the 7, 1695, in the setlement of John Sads 
estate ; the Court haueing heard what was objected by the sayd 
executors and answered by the widow and her attourneys, this 
Court doth approue of the setlement of the county court Jan- 
uary the 1st, 169|, made of the estate of the sayd John Sad 
and doe approue of the will of John Sad with that alteration 
that the county court made granting to the widow according 
to the law and Sads desire a third of the estate, and the 
remaynder of the estate to be dissposed by the executors ac- 
cording to the will of John Sadd which is accordingly ordered 
by this Court, approued and established, and without this alter- 
ation it would be a defectiue will and cut the widow short of 
her naturall right in the estate. 

Whereas the Marshall meets with difficulty in the execution 
of his office in serueing writts &c, it is therefore ordered by 
this Court and the authority thereof that the Marshall of the 
Colony and the County Marshalls in theire respectiue precincts 
shall haue full power to call any man or men to his or their 
assistants in the just execution of their offices within this gou- 
erment as the nature of the case shall require, and the charge 
that thereby shall arise shall be payd by the debto"" or delin- 
(}uent who shall occassion the same ; and in case any person or 
persons shall be commanded to assist the Marshall in the exe- 
cution of his office and he s[h]all neglect or refuse the same, 
he or they shall forfeit the sume of twenty shillings for any 
such neglect or refuseing, to be payd to the pub. treasury of 
the county or Colony where the case shall be tryed. 



144 PUBLIC RECORDS [May, 

This Court saw reason to make clioyse of Capt. Daniel 
Witherell to be Capt" of the forte at New London, and they 
saw reason and doe see cause to discharge Capt" John Pren- 
tice from attending the forte any longer, and doe order him to 
deliuer up to the sayd Capt" Daniel Witherell all the gunns, 
amies, and amunition, and utensills, that doe belong to th(^ 
sayd forte, which are to be entered in a book and kept upon 
record that they may not be forgotten. 

And this Court orders that Capt. Witherell upon necessary 
occassions calling him out of the towne doe order and appoynt 
that he doe appoynt a deputy 1"* under him in the time of liis 
absence to take care of the concernes of the forte. 

This Court grant that the relict of Thomas Bell shall hauc 
liberty with the aduicc of Capt" Sam'i Mason and M"" John 
Holland to sell som part of her land for the necessary supply 
of her famaly and to giue deeds of sale for the same. 

This Court grants the administrators of Benj. Turney liberty 
to make sale of so much lands as must of necessity be sold to 
pay the debts of the deceassed, in which they are to take the 
aduice of M"" Nathan Gold and L"' James Bennit. 

This Court grant Joseph Peck a remission of what is due 
from say[d] Peck to the country for his tryall in the Generall 
Court this court. 

This Court made choys of Capt. Wetherell, M"" Bastard, M^ 
John Allyn, M^ John Chester, Capt" Niccolls, to bo audito''s to 
audite the country acco'« with the Treasurer. 

This Court return there thanks to Mt" Stow for his great 
paynes in preparing a History of the Annalls of New England . 

Upon the petition of those of the east side of the riuer in 
Windsor that haue procured a minister that this Court would 
grant them some incouragement in their worke towards the 
building of a meeting house for the worship of God, this Court 
grants those of that society soe much of their country rates as 
may amount to three pence upon the pownd. 

This Court grants the administrator of Sam^' Halys estate 
liberty and power to grant Doctor Butlar a legall deed of sale 
for a certain parcell he bought of his. 

Upon the petition of some of Guilford that they miglil haue 
liberty to be joyned to Kellingworth so as to pay the minister 



1(395.] OF CONNECTICUT. 146 

of sayd Kellingworth, the Deputies of Guilford pleading the 
towne had not impowered them to act in this matter the Court 
refer the matter to the Grenerall Court October next, and ap- 
poynt the deputies of Guilford to giue theire towne notice 
thereof, that they may by themselues or ])y some appear to 
declare to the Court what they haue to say in this matter that 
the Court may com to an issue thereof; but this Court should 
much rejoyce to hear you would come to a complyance amongst 
yourselues of these matters which is most elligble and would 
be to the great sattisfaction of the Court could it be obtayned. 

Whereas it is fownd by experience that excessiue drincking 
increaseth amongst us, and that the multiplying of lycensed 
houses to sell strong beer, wine and liq", is an occassion of the 
growth of such disorders, for the preuention thereof this Court 
doth order and by the authority [thereof] it is ordered and 
enacted, that after the publication hereof whosoeuer shall sell 
any strong drinck, wine, cyder, or beere, without any lycense, 
he shall pay a fine of forty shillings, the one halfe to the com- 
playner and the other halfe to the county treasurer ; and it is 
allso ordered and hereby declared that all lycenses for retail- 
ing any sorte of strong drinck are hereby called in, except 
[262] sucli as are lycensed and accordingly doe || entertaine 
strangers and trauelo''^ and there horses, and from henceforth 
whosoeuer shall desire a lycensse he shall first obtayne liberty 
from the towne where he Hues and present it to the county 
court, and then if the county court approue of the same they 
may grant a lycense to him. 

It is allso farther ordered by the authority afoarsayd that 
whosoeuer shall receiue a lycensse or hold a lycensse, he shall 
giue a bond of ten pownds that he will to the utmost keep 
rule and good order according to law so long as he acts by 
his lycensse, and upon the forfeiture of his bond the one 
halfe shall be to the complayner and the other to the county 
treasury. 

This Court by their vote confirmed the Councill according 
to the former order of the Generall Court, it to be continued 
till the Generall Court October next. 

The return of the comitte whoe wer to runn or seek out the 
19 



146 PUBLIC RECORDS [May, 

noreast corner of Stonington bowiids haiie made a return of 
what they haue done, which thd Court approue of and order 
that the sayd comitte finish there worke and iim the north Une 
of Stonington and the sowth line of Preston from station to 
station. 

This Court orders that the brand of Preston for the future 
shall be the letter P, with a cross in this manner, Y. 

This Court orders that Col. Allyn shall take the care of the 
forte at Saybrook that it may be repayred upon the country 
charges, and that M"" Willard be continued in the forte, or 
some other body may be there placed as cheap as they can, not 
exceding twenty pownds, 

M'' Anthony Chickly petitioning to haue some releife in a 
case wherein the Marshall did fayle in the perfecting his exe- 
cution upon som lands of Tahan Grants, <S:c. but here being 
none of Tahan Grant his administrators to declare what they 
haue to say in the case, the Court refers it to next October 
Court to consider and issue the case, and order the administra- 
tors of Tahan Grant hau notice the[n] to appear at sayd Court. 

This Court doe impower the administrators of the estate of 
Phillip Jud of Waterbury to confirme a deed which may pass 
ouer to the heirs of Capt" Tho. Wells af Deerfeild, that land 
sayd Phillip Jud sold to the sayd Capt" Wells. 

Whereas this Court haue had a complaynt before them from 
Abimeleck, Joshuahs sonn, that he is interupted in his lands 
giuen him by his father Joshua in his last will and testament, 
this Court refer the issueing of this case to October next Gen- 
erall Court and to aduice all concerned to forbear all forcible 
enterics upon the land claimed by Abimileck, or improuing 
the same, untill the Court shall haue taken farther order in the 
case October next, where Capt. Mason is desired to giue 
Owaneco notice thereof that so he may appeare. 

In case Col. Allyn shall be disinabled for attending that he 
is appoynted to by this Court in meeting with Boston Gent", 
then M"^ Standly is to attend that seruice.* 

* Col. John Allyn and Major James Fitch were appointed at this session to agree 
with the commissioners of Massachusetts at what place to begin the line dividing the 
two governments. Col. Boundaries, III, doc 37, no. 2©. The instructions to Col. 
Allyn and Major Fitch from the Governor and Council are in the same volume, doc. 11. 



1695.] OF CONNECTICUT. 147 

The Court is adjourned till the Gouerno'' see cause to call 
them agayiie. . 

[The following act of this session is found in the Windsor and in the Stanly MSS.] 

An addition to the law title Powder Money. It is to be un- 
derstood and it is by the authority of this Court now enacted, 
that all vessells above eight tuns, except such as do wholly or 
the major part of them belong to this Colony, coming under 
the command of any of our forts in order to load or unliver, 
their respective masters before they break Inilk shall make 
their entry in the office in that port and give a true account 
of the burthen of their vessell according to the rules prescribed, 
viz. the breadth from inside to inside, the depth from the under 
side of the beam to the ceiling, the length ' to be aecoumpted no 
more then the length of the kelson and to divide by a hundred: 
and before they depart out of sayd port or harbor shall pay to 
the office or officer there for every tun they measure according 
to the rule above, shall pay half a pound of powder or one 
shilling in money. And every master of a vessell or vessells that 
shall presume to weigh anchor and pass by said fort without 
procuring a pass from said office to the gunner of said fort that 
he hath complied with this law to the said officer's satisfaction, 
the said gunner is hereby impowered and required to fire upon 
him, the first over their masts, and if they come not to anclior 
to fire a second athwart their forefoot, and if they come not to 
an anchor then to fire a third shot with endeavours to strike 
their masts and farther damage if they come not to, and the 
masters and mariners that shall occasion this charge and 
trouble shall pay to the gunner of said fort ten shillings for 
every shot, in cash, the one half to be to the gunner and the 
other to the use of the fort, and the vessell or vessells to be 
seized forthwith to answer their contemptuous behaviour and 
breach of this law ; provided any vessell in distress by weather 
and for wooding and watering may come in to any of our har- 
bours, giving the officer an account of his business and break- 
ing no bulk nor staying above forty eight hours except wind 
and weather prevent, and pass free ; and this law and act to 
stand in full force and virtue any other former law notwith- 
standing. And what money or powder is received upon this ac- 
count by the collector is to be delivered to the Lieutenant of 
the fort, he giving his receipt for it, to buy powder or other 
ammunition for the fort, and the collector is to be allowed five 
per cent, for his trouble and twelve pence for every pass to the 
fort, to be paid by the master. And the vessells also belong- 
ing to this Colony are obliged to take out passes to the fort 
and deliver them to the gunner before they sail and to pay 
accordingly. 



148 PUBLIC RECORDS [May, 

[From the Colony Record of Deeds, &c., II, 221.] 

A Court of Election held at Hartford May 9^1', 1695. 

Whereas Mr. Richard Edwards attoiirney to M"" Simion 
Stodard of Boston recouered a judgment of court against Ma- 
jor James Fitch and execution being taken out Aprill 25, 95, 
but through the unseasonablenes of the weather in imoderate 
raine and the apprizers refusing the worke it could not be 
serued ; these therefore are to request the Hono'"'^ Court to 
grant liberty that the execution may pass upon the estate 
attached and allso that it shall be accounted as effectuall to 
all intents and purposes as if done within the time limited by 
the law. This Court upon the motion of the marshall witli 
the consent of Major Fitch and upon his desire doe alowe and 
approue of the same. 

This done in Generall Court May 14, 1695, as attests 

John Allyn, Secy. 



A GrENERALL CoURT HELD AT HaRTFORD, OCTOBER 10*1\ 1695. 

Col. Robt Treat, Esqr, Gov^. 
L-" Col. John Allyn, Capt. Dan. Witherle, 

M"" Andrew Leet, Capt. Caleb Stanly, 

Capt. James Fitch, Major Mansfeild, 

M'- Nath. Stanly, M'- Nathan Gold. 

Capt. John Mason, 

Deputies : 

Capt. Jos. Wadsworth, Capt. Cip. Niccols, for Hartford. 

Mr Henry Wolcot, M^" John Moore, for Windsor. 

M"" James Treat, Mi" John Chester, jun'", for Wethersfeild. 

Capt. John Standly, Capt. Tho. Heart, for Farmington. 

Sarjt Sam. Wilcoxson, for Simsbury. 

M"" Nath. Bur, L"' James Benit, for Fayrefeild. 

Capt. John Minor, L° Israel Curtice, for Woodbury. 

[263] L"t Abram Dickerman, M^ John Allyn, for Newhauen. 

John Gregory, for Norwalk. 

Capt. Ben. Brewster, L"*- Leffingwell, for Norwich. 

Daniel Weed, Dauid Waterbury, for Standford. 

M"" Tho. Clark, Siluanus Baldwin, for Milford. 

Abram Brunson, Ens. Peck, for Lyme. 

Mr John Denison, M^ Nath. Cheesbrok, for Stonington. 

M-^Rich. Blackleach, M-" Sam" Hally, for Stratford. 



1695.] OF CONNECTICUT. 149 

M"" Alex. Pygoii, M"" Aiidr. Leister, for New London. 

M-- Nath. Lync, Deac. W™ Parker, for Saybrooke. 

Jos: Freeman, Tlio. Rose, for Preston. 

Dan" Braynard, for Haddum. 

Mr Josia. Roseter, M^ Tho. Mecox, for Guilford. 

Capt. Eben. Johnson, for Derby. 

Sam. Hale, for Glassenbury. 

Capt. Tho. Yale, Deac. Jn^ Hall, for Walhngford. 

Lnt Henry Crane, for Kenil worth. 

Capt. Nath. White, M-" W'" Cheeny, for Midleton. 

jVfr WTni Maltby, L"t Eben. Stint, for Branford. 

[262] The Gouerno'' haiieing giuen the Court an accQt of 

what the Councill hath done in answer to sundry letters re- 

ceiued from Col. Fletcher, and an answer to the L^t Governo'"^ 

letters to ayd the upper townes, and Col. Pynchons letters for 

ayd and our sending 30 men for their releife and ten men 

continued for a short time after their return to secure them 

whilst they are gathering their corne, which this Court ap- 

proues of and confirm. 

Capt. W"' Whiting and M"" John Bowtcher haueing been 
imployed by Major James Fitch and Col. John Allyn makeing 
a return to this Court of what they did in searching out the 
lyne between the Massachusets Colony and Conecticut, this 
Court order their return (which this Court accepted of) to be 
recorded and the originall kept on file. 

Mathew Allyn is confirmed Ensigne of Windsor traine band. 

John Fitch is approued to be L"' and Jonath. Crane En- 
signe of Windham and they are to be comissioned accordingly. 

Ebenezer Stent is nominated and approued and confirmed 
to be Captain, and Bartholonie Goodrich to be Leiutenant, and 
Sam" Pond to be Ensigne, of Brandford, and are to be com- 
missionated accordingly. 

[263] A list of the j^ersfms and estates of the townes in this 
Colony are as folloiveth : 

Persons. Estates. Persons. Estates. 

28.5 Hartford, 1793G 74 Lvme, 04282 

216 New London, 10138 120 Guilford, 07529 

112 Farmington, 07389 282 New Hauen, 15101 

44 Glassenbury, 02025 218 Wethersfeild, 11468 



150 



PUBLIC EECORDS 



[Oct. 



Persons. 

104 Saybrook, 
58 Keiiil worth, 
87 Haddiim, 
157 Milford, 
90 Standford, 
35 Preston, 
78 Greeiiwct', 
067 Brandford, 
120 Midleton, 
106 Norwich, 



Estates. 

05-116 
02235 
03223 
09616 
05301 
01807 
03536 
03820 
05648 
05660 



Persons. 

062 Woodbury, 

42 Derby, 
102 Stoiieington, 

95 Walliiig-ford, 

74 Nor walk, 
300 Windsor, 
192 Fayrefeild, 
150 Stratford, 

56 Simsbury, 
Waterbury, 



Estates. 

02767 
01804 
05387 
04227 
05393 
15652 
11493 
09368 
02604 




Tho. Judd sen'" is chosen and confirmed L"' of Waterbury 
train band and are to be comissioned accordingly. 

Nathan Gold is chosen and confirmed Captain, and John 
Osborn [Lieutenant] of Fayrefeild traine band, and are to be 
commissionated accordingly. 

This Court impowers Anna Meriman to make legall deeds 
of sale to Joseph Mallary for about twelue acres of land and 
to W'" Roberts about 3 or 4 acres of land which they bought 
of her husband before his dcceasse and receiued of him the 
pay or the most part of [it] for the same. 

The return of M"" Leffingwell and John Post about the run- 
ing of Stoneington north bownds and Preston sowth bownds 
according to former order of Court, and the Court approues 
of the same and order it to be kept on file. 

This Court upon the humble petition of Hepsibah Sad that 
this Court would appoynt som person or persons to set and to 
deliuer to her her full part of her sayd husbands estate which 
was granted to her by this Court May last, which this Court 
haueing considered doe order and appoynt the executors of 
John Sads estate, viz. John Wilson, Zachary Sandford, and 
W'" Pitkin of Hartford, whoo haue the estate of John Sadd 
deceassed in their hands, to deliuer it. 

The petition of Joseph Wright being considered by the Court 
and he haueing informed the Court that the former comlttee viz. 
L"t Crane, M"" Josiah Rosseter, and Capt. John Chapman, had 
not finished the worke comitted to them by this Court October 
the 8', 1685, this Court doe now therefore order and appoynt as 
soon as may be that the afoarsayd gentlemen of the committe doe 
meet together and to make a finall issue of their worke by fixinir 



1695.] OF CONNECTICUT. 151 

the bowiids of the farm appertaining to James Wright according 
to the originall grant, and allso to bownd out to him and all the 
rest concerned tlieir lands their lands sctled upon them, and that 
securety be taken for the payment of such debts as are due 
from the estate by those that are concerned to pay them ac- 
cording to order of Court. 

This Court appoynt M'" John Bowcher and Mr John Chand- 
ler juni" to lay out to M'' Nath. Stanly and Capt. Calel) Stanly 
their grants of land formerly granted to them by this Court 
according to their seuerall grants. 

Whereas the people of Homonoscit, viz. John Megs, Joseph 
Hand sen"", Obadiah Wilcoxson, Nath. Steuens, James Hill, 
Tho. Crittendon, Joseph Hand .juner, John Megs, junr, Tho. 
Terran,* Nathan Bradley, Tho. Willard, Jonathan Murry, 
haue petitioned this Court that they may be so fauourcd as to 
pay what rates shall be raysed upon them towards the mayn- 
tenance of the ministry to Kenilworth ministry and not to 
Guilford because of the remoatness of their dwelUngs from the 
worship of God, viz. hue miles farther from Guilford then to 
Kenilworth, this Court grant their petition prouided they 
make up j:heir acco'^ and pay what is due from them to Guil- 
ford ministry for the time past, and this order to stand untill 
the sayd Homonx)scit shall be capeable with the consent of 
Guilford to set up and mayntayn the worship of God amongst 
them, and they onely to pay to Kenillworth their just propor- 
tion to the ministry, all other dues they are still to pay to 
Guilford as formerly. 

M"" Sam" Mather is plntf. by way of appeall from the judg- 
ment of the Court of Assistants October 3, 95, Phillip Hos- 
ford, Sam" Horsford, and Joseph Phelps son of Timothy 
[264] II Phelps defendants, which action was a complaint for 
improueing of some grass or hay that grew on land belonging 
to the church of Windsor as by the court act October last doth 
appear, wdiich by execution was deliuered to M^ Henry Wool- 
cot as administrator by the court appoynted and by him deliu- 
ered to the Reuerend M^ Mather according to the last will of 
M" Jane Hosford, to a surrender of the hay with cost of court. 

* Torhann. Eccl. I, 167. 



152 PUBLIC RECORDS [Oct. 

In this action tlie Conrt find for the plaintife the return of the 
hay and cost of courts. Ex. dd March 2, 1695. 

M"" Sam" Mather is phitf. by way of appeale from the judg- 
ment of the Court of Assistants October 3'', 1695, Phillip 
Horsford defendant, which action was an action of the case for 
illegall entering upon and makeing improucment of land in 
Hoytes meadow to the damage of forty shilling and a surren- 
dery of the barley. In this action the Court find for the plntf. 
cost of courts, the widdow to keep the barley. Cost in both 
actions was 11?. 18, 0, as p bill. The cost in these two actions 
the Court granted to the widow, which is 61. Ex. dd March 
2,95. 

The widow Hepzibah Sad is plntf., the executors of John 
Sads last will and testament defendants, which action is an 
action of the case for neglecting or refuseing to deliuer unto 
her the sayd relict her just part or portion of her late hus- 
bands estate according to the Court order May last, it being- 
one third part of the estate excepting what was excepted by 
the county court January 1, 169^, to a deliuery of sayd portion 
or estate with damage to the value of twenty pownds. In this 
action the Court find for the plaintife that the executors pay 
unto her according as the Generall Court in May last ordered, 
with cost of court. 

This Court grants a rate for the defraying of country 
charges of a penny one the pownd in money or two pence in 
pay at the -same price it was last yeare, to be raysed on all the 
rateable estate in the Colony. 

This Court grants the Gouerno'"^ sallary to be for this yeare 
eighty pownds. 

This Court grants the Dep^ Gov twenty pownd in pay or 
ten pownd in money. 

This Court grants the salary for the Treasurer this year to 
be thirty pownd in pay or 151. in money. 

This Court grants the salary for the Secretary for this year 
to be 25 in pay or 121. 10s. in money. 

This Court appoynt Capt. Caleb Stanly to attend the place 
of a comissary for the souldiers that went up the riuer this 
last sumer. 



1695.] OF CONNECTICUT. 153 

This Court alowes those horses went upon the seruice up 
the riuer last three shillings p weeke. 

Whereas Abimilech son of Joshua hath petitioned this 
Court for a just and peaceable setlement of his land upon him 
without delay &c, which this Court haueing considered doe 
find that the last will and testament of Joshua hath bin exhib- 
ited in the county court, proued and ordered to be recorded, 
and agayn approued by tlie Generall Court, which is such a 
confirmation of Joshuas right as this Court doe not see reason 
to ad to it at this time : and whereas Abimelech hath petitioned 
this Court to naturaliz him sayd Abimelech, for that he hath 
owned his Ma''es gouerment and his subjection thereto, this 
Court doe therfore hereby declare the sayd Abimileck to be 
one of his Ma^'^s of Great Brittanes subjects, and grant him 
the priuiledg and protection of his Mamies lawes this Colony 
alowes his subjects here, prouided he take the oath of alegi- 
ance ; and if he be molested in any of his rights he may haue 
the benifit of the law to releiue himself as the rest of his Mat-'es 
subjects haue in this Colony. 

M"" John Bowcher and M^ Lefifingwell are to lay out to M"" 
Giles Hamlin and M"" Nath. Collins their grants of land accord- 
ing to their grants. 

We whose names are underwritten being appoynted and 
ordered by the Generall Court to finish the runing of the 
north line of Stoneington and the south of Preston from sta- 
tion to station, we begining at the norwest corner of Stoning- 
ton bownds runing neer est and east sowth east lyne untill we 
came up to the top of a mountain wher the line run throug a 
queach of younge stadles, from thence runing untill the lyne 
crost a cart path which is caled the ceder swamp path, and 
there we marked two trees with the markes faceing one against 
the other, the one a black oake and the other a white oake : 
thence runing to Preston fine mile corner tree which is a 
black oake marked on two sides standing between two rocks, 
and from thence runing that poynt to a chesnut tree which 
stands by the side of a ceder swamp being neer tlie corner. 

Thomas Leffinwell, 

John Post. 

This Court grant Debory Crow liberty and impower her to 
make a deed of sale for a parcell of land Nath. Crowe sold to 
20 



154 PUBLIC RECORDS [Oct. 

Thomas Warren to confirm the same to him and his heires 
for eucr. 

This Court confirmes the Councill according to the order of 
the Generall Court May IQth, 1694, and doe impower them to 
attend accordingly for the future. 

This Court grants the charge of this court in M"" Matlicrs 
two actions to M''^ Phillip Thrall and remit it to her. 

The towne of Lime plntf. and Sam'i Tincker defendnt. by 
way of appeale from the judgment of l^e Court of Assistants 
October 3, 1695, jSam'^ Tincker defendnt. In this action the 
Court find for the plaintife cost of this court, allowed three 
pownd seuenteen shiling. 

This Court appoynt M^ John Bowcher and L^t Tho. Leffing- 
well to lay out to Capt^ Thomas Heart or the heirs of M.^ An- 
thony Howkins and Deacon Steucn Heart their seuerall grants 
of land granted to them by this Court according to their grant. 
[265] This Court doth appoynt M^s Mary Collins to make 
sale of some parcells of land that were by M"" Collins intended 
to pay a debt to M"" Modey, one parcell lyeing east from Won- 
gom, the other sowth from Wongome, and the other lyeing 
ouer against the towne, this Court doth impower sayd Isi^^ 
Collins to make legall disspose of sayd land by sufficient con- 
uayances according to law. 

Isack Hall petitioning this Court that they would grant him 
liberty a liberty in tryeing his right and title in and to the 
lands in his petition mentioned, this Court sees no reason to 
gi-ant his petition but leaue him to himsclfe to take the best 
way he can to obtayn his just due. 

This Court doth now appoynt the Treasurer to make up the 
seuerall acco*^ with the constables in the respectiue townes of 
this Colony, for which he is to be allowed fifteen pownds in 
pay, and this Court dotli hereby repeale the former order that 
alowes constables post wages for their coming up to Hartford 
to make up their acco^^ ^^ith the Treasurer. 

This Court doe order that no sorte of graine or flower shall 
be transported out of this Colony untill the twentyeth day of 
May next upon the forfeiture of all such graine or flower a[s] 
shall be shipt or fownd water borne, the one halfe to the com- 
playner and the other to the publique tj-easury. 



1695.] OF CONNECTICUT. 155 

This Court doe order John Fronts to be continued Capt" of 
New London forte till this Court shall order otherwise, any 
former order notwithstanding. 

Upon the humble petition of Deacon W'" Parker of Say- 
brook this Court haue considered the last will and testament 
of W'" Parker, and wlieras he hath entaylcd the lands of W"' 
Parker to his male heirs, we find that he had giuen the one 
halfe of those houseing and lands entaylcd to his son W'» 
Parker and put him in a peaceable possession of them before 
the entaylement of them, and allso sayd Deacon Parker made 
and past ouer to his brother Dauid a considerable parcell of 
land with a messuag or tenement standing thereon in leiw of 
the one halfe of the sayd messuage and tenement that is now 
entaylcd to the sayd heirs male of sayd W"' Parker sen"" deceas- 
sed : the Court hauing considered the premises doe see reason to 
order and conclude that the moyety of the mansion house and 
land adjoyneing is not nor ought not to be included in the 
forementioned cntayle made by W'" Parker sen'', but that W'" 
Parker jmi"" hatli a reall right of inheritance in the moyety of 
the messuage and lands adjoyneing which be and belong to 
the sayd W'" Parker his heirs and assignes for euer notwith- 
standing the sayd entaylement. 

Whereas some of Haddum haue complayncd of great dam- 
age they receiue for want of a fence on the east sidife the great 
riuer and that they canot obtayne it to be made, this Court 
doe therefore recommend it to the towne of Haddum, and 
especially to the townsmen of sayd towne, that they would take 
due care that the inhabitants doe make a suitable prouission 
and due care that such fences may be made there as may 
secure their fcilds from damage. 

This Court orders the Secretary shall certify the Genii Court 
of the Massachusets of our runing of the lyne and how we find 
it, and to desire the Court to joyne with us in a setlement 
thereof as soon as may be, and if they please according to this 
run to make a setlement of the line between this Colony and 
the Massachusets we shall be sattisfyed therewith. 

Whereas diners complaints haue been made of wrong done 
to trauelors and passengers by the seuerall ferrymen, this 



15G PUBLIC RECORDS [Oct. 

Court doe therfore order for the future that each ferry shall 
haue as followeth, viz. 

Hartford and Windzor feridg ouer Conecticut Riuer, for 
man, horss, and his load, nine pence pay or fiue pence money, 
single man three pence pay or two pence money, a single horss 
fiue pence pay or three pence money. 

New London and Saybrook, for man, horss and his load, 
twelue pence pay or eight pence money, single man fower 
pence pay or three pence money, single horss eight pence pay 
or fiue pence money. 

New Hauen, for horss and his load, six pence pay or three 
pence money, single man two pence pay or one penny money. 

Stratford, for man and horss and his load, six pence pay or 
fower pence money, single man or single hors, three pence 
pay or two pence money. 

Norwich, horss and man, fower pence money six pence pay. 

Weathersfeild, for man, horss and his load, nine pence pay 
or six pence money, single man and single horss, fiue pence 
pay or three pence money. 

Allwayes prouided this order doe not disanull former agree- 
ments made respecting seuerall townes, and each ferryman to 
attend hereunto upon penalty of fiue shillings for euery 
default. 

The Coiwt is adjourned untill the Gov or Deputy see 
cause to call them agayne. 



[From the Windsor MS. I 
Hartford, Feb^^ 11, 1G9|. 
By the Governor and Council. Whereas we find that notwith- 
standing all former endeavours of authority to seize and secure such 
deserters as escape from liis Majesty's ships of war and garrisons, yet 
the end is not attained to suppress such motions of such persons as do 
desert his Majesty's service, which is of a pernicious nature, prejudi- 
cial to his Majesty's interest, and of an evil consequence to ourselves, 
the consideration of which doth give us just reason to use utmost en- 
deavors to prevent ; and therefore the Governor and Council do 
hereby publish and proclaim to all the inhabitants of this Colony, that 
after the publication hereof all persons within this government are 
hereby in his Majesty's name required upon all occasions whensoever 
any deserters or such suspicious persons come into any town or place 



1696.] OP CONNECTICUT. 157 

within this Colony, or formerly have come and are to be found in any 
town or place within the same, all persons and the constables or civil 
officers are hereby required to seize them and them convey before one 
of the Assistants or Commissioners to be examined, secured and re- 
turned to the Governor of New York, or authority in Albany, or 
whereto they belong, and no person is to buy, purchase and barter, any 
arms of such persons but to secure them for his Majesty's service ; and 
all officers, military and civil, are also hereby required in his Majesty's 
name to be aiding and assisting, and all other persons whatsoever are 
hereby required to attend unto this order and proclamation as they 
will answer the contrary at their utmost peril. 

The Governor and Council do also order that all grain and flour that 
is shipt or water born for ti'ansportation, although it be into some other 
port of this Colony, the master of the said vessell shall give in bond 
to the next Assistant or Commissioner that he will deliver and land it 
in the Colony, in the port it is shipped for, upon the penalty of the for- 
feiture of the bond. 

Extracted out of the Council records, 
■ \) John Allyn, Secret'^. 



[266] At a Genrll Court held at Hartford, May 14, 1696. 
Those that are appointed to stand in nomination are : 
Colonii Eobert Treat, Esq"-, Will Jones, Esq^, Major Genrii 
Jno Winthrop, Esq"", Sam^' Willis, Esq"", Lieut. Colon" Allin, 
Esq"", Capt. Andrew Leet, Esqr, Major James Fitch, Esq>", Capt. 
Sam" Mason, Esq"", Capt. Dan" Witherlee, Esq"-, Nathan" 
Stanley, Esq"", Capt. Caleb Stanley, Esq^, Major Moses Mans- 
field, Esq"", Capt. John Hamlin, Esq"", Capt. Jonathan Sellick, 
Esq'-, Capt. Nathan Gold, Esqf, M"- Tho. Trowbridg, M'' Hen>- 
Woolciitt, Mr Tho. Hooker, M"- Alex"" Brian, M^ Jn" More, 
Mr John Hains, M-" Jno Chester, M'' Cln-istophers, M^ Natha 
Lines. 

These ivere elected: 

Robt Treat, Govern r. 

Will Jones, Depy Gouern'". 
Assistants : 
Major Genr" John Winthrop, Nathan" Stanley, 
Lieut. Colon" John Allin, Capt. Caleb Stanley, 

Capt. Andrew Leet, Maj'' Moses Mansfield, 

Maj'" James Fitch, Capt. John Hamlin, 

Capt. Sam" Mason, Capt. Jonath. Sellick, 

Capt. Dan" Witherell, Capt. Natha Gold. 



158 PUBLIC RECORDS [May, 

Ca^D. Joseph Whiting, Treasurer. 

Eleaz"" Kimberly, Secretarie. 
Deputies are, 
Capt. Cyprian Nickols, M^ Will Pitkin, for Hartf^d. 
Mr John More, M"- Dan'i Heiden, for Windsor. 
Mr James Treat, M"- John Chester, for Wethersf'^. 
M'' John Stanley, M"- Thomas Bull, for Farmington. 
Lie* Abraham Dickerma, Serjt James Eaton, for New Hauen. 
John Whitles, Lieu^ John Clerk, for Saybrook. 
Capt. Eleazr Stent, M-- Malbie, for Branf'i. 
Tho. Tracey, for Preston. 
Lieut Henr Crane, for Kellinworth. 

Lieu' Tho. Leppinwel; ahs. Ens. Rich'i Bushnell, for Norwich. 
Lieut Abraha Bruson; abs. M"" Math^ Griswold,* for Lime. 
Danii Weed, M"^ Waterbury, for Stanf^d. 
Mr John Hobbey, Sam^^ Peck, for Greenwich. 
Capt. Yale, EliasP^ Preston, for Wallingf'd. 
Capt. White, Nath^i Bidwel, for Midleton. 
Sam'i Haise, for Norwalk. 

Lieut. Tho. Jud, En. Tim. Stanley, Waterbury. ' 
M"- Tho. Clerk, M^ Sam'i Newton, for Milfrd. 
M'" Clemt Minor, M-" Sam^i Fosdick, for New Londo. 
Mr Jn° Wakema, Mr Joseph Lockwood, for Fairfield. 
Mr Josiah Rossiter, Mr John Eliot, for Gilfr^. 
Mr John Gallop, for Stonington. 
Mr Richrd Blackleech, Mr Ephra Stiles, for Stratfrd. 
Capt. Jno Minor, absent; Lieu* Jn^ Curtis, for Woodbury. 
Capt. Jno Chapma, for Haddii. 
Eleazar Kimberly, for Glassenbury. 

Comissio7i^' chosen by the Grert}'' Assenibly. 
Mr Henr Woolcutt, Mr John More, sivor., for Windsor. 
Capt. John Chester, Lieut. James Treat, sworn, for Wethers- 
field. 
Capt. Nath'i White, sivorn, Ensign Will. Cheenie, Midleton. 
Lieut Tho. Jud, sworn, for Waterbury. 
Capt. Ben. Bruister, for Preston. 
Mr Joshua Ripley, for Windlia. 

* A line has been drawn through this name. 



169G.] OF CONNECTICUT. 159 

M"" Eicli'''^ Cristopliers, for New Loud. 

M»" Will Eelie, M»' Mathew Griswold, for Lyme. 

Mf Nath'i Lilies, M-" Will Dudley, for Say brook. 
[267] II For Killiugswortli, Lieut. Heiieri Crane, sivorn. 

Capt. Eleaz"" Stent, for Branf'"^^. 

Mr Thomas Clerk, for Milford. 

Capt. Will Curtis, M"" Rich'^ Blackleech, sivoryi, M"" Joseph 
Curtis, for Stratf^^i. 

Capt. Mathew Sherwood, M^ John Wakeman, for Fairfield. 

Capt. James Omstid, for Norwalk. 

Lieu' Jonathan Bell, for Stanford. 

Mr John Reinolds, for Greenwitch. 

M"" James Bcebie, for Danbury. 

Capt. John Minor, Lieut. Israel Curtis, for Woodbury. 

Capt. Ebenezer Johnson, for Derby. 

Capt. George Gates, for Haddum. 

M"" John Moss chosen for Wallingf''! to administer oaths to 
town officers as need requires and joyn persons in marriage. 

Upon the petition of the town of Danbury, this Court 
granted to them liberty to imbody themselves into church 
estate in an orderly way with the consent of neighbour 
churches. 

Upon the petition of John Morris, Thomas Talmage, John 
Sacket, and Eleaz"" Morris, this Court confirmed a lease of 
lands made by Wiashanat alias George, Rum Tom, and Om- 
basco, to the said, John Morris, Thomas Talmage, and John 
Sacket, of eighteen acres of land within the township of Ncw- 
haven, on the east side of the harbour, which said lease ])ear- 
eth date Septembr the fourteenth one thousand six hundred 
ninetie five. 

And also a deed of four acr^ of land bearing date Janu'y 
the twenty fourth one thousand sixe hundred and ninetie five, 
from the s*^ George to the s'' Eleaz"" Morris, was allowed and 
confirmed by this Court. 

Upon the desire of Govern^ Fletcher manifested in his letter 
from New York bearing date Aprill the twentieth, one thou- 
sand six hundred ninetie six, that a quota of men be with all 
possible speed sent from this Colonic for the defence of Alba- 



160 PUBLIC RECORD'S [May, 

iiie, this Court voted and granted to raise sixtie men in this 
Colonie to be sent with as much speed as conveniently may be 
for the defence of that place, to remain in that service till the 
last of Octobr next. Also this Court made choice of Cai)t. 
Will Whiting to be Captain of the forces to be sent for the 
defence of Albanie,.and Sam" Preston Lieuten*. 

At the same Court liberty was granted to M"" Gi)jl:)ons to 
transport twentie five bush"« of grain to Boston for his familic 
supplie, besides oats. 

Whereas the Genfi' Court in Octobr last did order that no 
grain or sort of flower should be transported out of this Colo- 
nie, untill the twentieth day of May next ensuing, and the 
Govern'' and Councill did order that for all grain and flower 
that is shipt or water born for transportation, although it be 
into some other port of this Colonie, the master of the vessel 
that shall transport it, before such transportation, shall give in 
bond to the next Assistant or Coimssioner that he will land 
and deliver it in some port in this Colonie, according as by 
the said act bearing date Feb'' the eleventh one thousand sixe 
hundred and ninetie five it doth appear, this Court now orders 
that tlie said imbargo laid upon grain and flower, shall be 
continued till the twentieth day of June next ensuing, and 
that the master of the vessell as shall receive grain or flower 
aboard to be transported to some other port in this Colonie 
and shall give bond for the landing and deliverie of the same 
in such port according to the said act of the Govern'" and 
Councill, shall bring a certificate of the deliverie thereof 
according to his s'^ bond from some magistrate or comissioner 
living next to the place where by his said bond he was inguaged 
to deliver the said corn or flower, to the magistrate or comis- 
sioner to whome the s'' bond was given and for want of such 
certificate his bond shall be forfeited, the bond to be taken to 
the valine of the corn or flower that the obliger shall transport. 

This Court did impower the Treasurer to borrow two hun- 
dred and sixtie pounds in money (upon as reasonable termes 
as he can,) in the name and for the use of this Colonie to dis- 
charge a debt due to the heirs of John Sad, for money borrowed 
of the said Sad's estate for the countreys service. 



1696.] OF CONNECTICUT. 161 

This Court made choice of Lieu^ Coloii'^ John Allin, M"" 
John ElKot, M"- John Wakeman,M'-Will Pitkin, and M"- Sam^' 
Fosdick, to be a coinittee to consider and advise this Assembly 
in such pollitick and prudentiall affairs as doe concerne either 
the promoting good order and goverment, in making new 
laws or repealing or altering laws formerly made, or in such 
affairs as doe concern the publick weal in promoting and 
advancing of trade, as also to advise in all affairs that doe 
concern the souldierie designed to be sent to Albanie, as also 
to advise what return may be made to Colonel Pinchins letter 
concerning contest between Infield and "Windsor men. 

Whereas M"" Sam" Collins did in his lifetime mortgage cer- 
tain lands to Dan" Markham of Midletown, as appeared by a 
deed under the hand of the said Sam" Collins exhibited in 
court bearing date May the thirtie first one thousand six hun- 
dred and ninetie two, which deed being imperfect in law, this 
Court upon iust considerations doe impower M" Marie Col- 
lins widdow and relict of the s^^ Sam" Collins (upon her 
request) to perfect the said conveyance and to confirm the s^ 
land to the s'' Markham according to the s'^ deed. 
. This Court did also approve and confirm a conveyance of 
land made by Maudling Street of Wallingford to M"^ Sam" 
Street of the same town bearing date Octobr the teth one thou- 
sand six hundred and nineti two. 

This Court appointed the first Thirsday in June next to be 
kept as a publick day of fasting and prayer throughout this 
Colonic. 

The inhabitants of Kellingsworth desiring this Court to ex- 
plain the meaning of a former act of the Gen""'! Court Octobr 
the tenth one thousand six hundred and ninetie five, wherein 
liberty was granted to the people inhabiting at the east end of 
[268] Gilford, |1 to attend the publick worship of God in the 
church of Kellinsworth, in reference to their proportion of 
paimt to the maintenance of the ordinances of God in that 
church, this Court doth now declare the true intent and mean- 
ing thereof to be that the s^' inhabitants shall pay towards the 
maintenance of the ordinances in Kellinsworth for all their 
21 



162 PUBLIC RECORDS [May, 

rateable estate proportionable to the inhabitants of Kellins- 
worth. 

Isaack Hall of Fairfield complains to this Court against 
Capt. Nathan Gold of the said town as judg and moderator 
and also clerk of the countie court in Fairfield, which court 
was held the first Tuesday in Novembr in the year &c. one 
thousand six hundred and ninietie-five, for that the s'^ Capt. 
Nathan Gold denied to him the s'l Isaac Hall the entrie and 
triall of an action which he there brought before the s'^ court 
and coinenced against Joseph Wheeler of the s'^ town of Fair- 
field, by which deniall of entrie the s'^ Isaac Hall saith he is 
damified to the valine of thirtie pounds. This Court having 
considered this complaint doe find it to be causless and uniust, 
and that the plaintiff should pay to the defen'it iust cost of 
court. Costs allowed at one pound fourteen shillings. 

Whereas Joseph Phelps of Windsor deceased did inguage 
to a coiTiitte for the inhabitants of the s*^ town living on the 
east side of the river (as appears by the testimonie of Job 
Drake and Thomas Stoughton members of the s^ committee,) 
that the said inhabitants should have some part of his wood- 
land on the south side of his lott lying by Thomas Stoughton 
his land, nine rod and a half in breadth, extending eastward 
fi-om the countrey rode fortie rods, for the accomodation of 
M'' Timothie Edwards the minister of the place, this Court 
impowers the widdow of the s^ Joseph Phelps to confirm the 
said land to the said inhabitants for the said use. 

The souldiers at Windsor having chosen Timothie Phelps 
to be their Captain, Mathew Allin to be their Lieu*^, Benjamin 
Newbury to be their Ensign, this Court approveth their said 
choice and doe order that the s^^ officers shall recieve their 
comissions according to their severall respective offices to 
which they are chosen by ye s'^ souldiers. 

Joseph Migate atturney for Quannopue plaintiff by way of 
appeal from the iudgm' of the Court of Assistants held at 
Hartf'"'! May the eleventh one thousand six hundred and nine 
tie six, cont'' Sam^' Haise defendt,, in an action of the case for 
the said Haise illegal deteining from the s'^ Quanepue who is 
heir in law to Cherrie two ac^^ and a half of land whereby he 



1696.] OF CONNECTICUT/ 163 

is damified as he saith to the valine of thirtie pounds, in which 
action the jnry find for the defend' cost of conrts ; from this 
judgmt this plaintiff brings his appeal. In this action this 
Court find for the defend' cost of courts. Cost allowed at 
five pound nineteen shillings and six pence. 

At this Court the inhabitants of Greenwich petitioned for a 
settlment of the bounds between the said town of Greenwich 
and the town of Stanford according to an antient pretended 
agreem' between the inhabitants of each town. This Court 
considering that the bounds between the said towns have been 
formerly setled by act of the GenJ"!' Assembly, doe avoid all 
further debate and consideration of that matter, and doe 
confirm the former settlm' of the s^ bounds Ijy the Generall 
Assembly in the year one thousand six hundred and seventie 
three. Petion j^did. 

At this Court Joseph Rogers petitioned that an issue of a 
.controversie between him and his brother Jonathan concern- 
ing a farm at New London awarded by some- gentlemen arbi- 
trati's of the said controversie might be reversed or that a fair 
and iust triall of that controversie may be yet admitted, the 
plea pretended by the petitioner is, that the s'^ award was 
grounded upon evidences false and forged. This Court having 
considered the petition of the s'^ Joseph Rogers doe grant that 
the said petitioner shall have a fair and iust triall in law of 
the cause mentioned in law of the cause mentioyied in his s'' 
petition at the Gen""'! Court in Octobf next, the arbitriment and 
issue of the s^ cause in the s'^ petition mentioned notwithstand- 
ing, the s'' petitioner giving to the persons in the said cause 
concerned timely notice thereof. — 6s. cash paid for the petition. 

At this Court these were chosen Auditors of the countrey 
accounts, viz. Capt. Ciprian Nickols, Ens. John Chester, Capt. 
Dan^ Witherel, M^ Joseph Curtis, M'" Alexander Brian. 

At this Court the Kings Atturney, Joseph Migate, entred 
complaint against Joseph North for wittingly concealing such 
souldiers as had deserted the Kings garrison at Albanie. 
This Court voted the said North not guiltie in law of the 
matter of fact charged upon him. — The Govern^, Colon" John 



164 PUBLIC RECORDS [May, 

Alliii and Capt. Caleb Stanley, declared their dissent from this 
vote. 

John Biishnell appeals to this Court from the iudgment of 
the Court of Assistants May the eleventh one thousand sixe 
hundred and ninetie six, by which iudgm' the said Court did 
award to the said John Bushnell fiftie pound to be paid to him 
out of the estate of his uncle Sam'^ Bushnell deceased, by the 
administrafs of his s'l uncles estate, and not more. This" 
Court confirmed the said judgment of the said Court of 
Assistants. 

[269] This Court doth hereby declare, that in their answer 
to the petition of Isaac Hall Octob"" 1st, it was not their intent 
to outlaw him, but in the case which he brought to the Court 
of Assistants, and did not proceed to an issue but bound him- 
selfe to abide by the issue of the arbitrat''^ in that case the 
Court gave him no incouragment to proceed but left him to 
himself therein : this Court doe now see cause to take off any 
thing that might be a sufficient barre to prevent his further 
prosecution in that case he petitions for, except it be the bonds 
given in by him, which we doe no way inuallidate. 

Lieut. James Averie'and M"" Crery, inhabitants on the east 
side of New London River, moved this Court in behalf of the 
people there inhabiting to grant the s'^ people .liberty to im- 
body themselues into church estate in order to their comfort- 
able enioyment of the ordinances of God. This Court having 
considered the matter doe referr it to the Genrii Court in 
Octobf next and doe advise the s*^ inhabitants to treat with 
their neighbours the inhabitants of the town of New London 
in the mean time and to indeavoure their concurrance with 
them in their design. 

At this Court M^ James Steel is plaintiff by way of appeal 
from the iudgm^ of the Court of Assistants May the eleventh 
one thousand six hundred and ninetie six, in an action of the 
case depending between the s'' James Steel and Sam'^ Stockin ; 
which action the s'^ Steel comenced against the said Stockin 
for that the said Stockin doth neglect or refuse to pay the s'^ 
Steel in the right of his wife Bethia Steel deceased her annuity 



1696.] OF CONNECTICUT. 165 

due by the will of her former husband Sam" Stockin, with cost 
and damages to the valine of fortie pounds. In this action 
this Court find for the defend' costs of courts. 

Vpon the information of Capt. Kobert Wells of Wethersfield, 
that the souldiers of the town of Wethersfield had chosen 
Thomas Wells of the same town to be their Ensign, this Court 
confirmed their choice. 

* At this Court Capt. Robert Wells, Ensign John Chester, 
M^ Nathan'^ Foot, and John Stodder, in the behalf of the town 
of Wethersfield petitioned for a streight runing of the line 
between the said town and the town of Hartford and for a set- 
tling thereof according to their town pattent, and this Court 
having considered their petition voted and concluded that the 
said petitioners not having given timely notice to the inhabit- 
ants of the town of Hartford of their design of petitioning at 
this Court their petition ought not to be further considered at 
this time, but doe referre further consideration of it to the 
Geni"'! Court in October next. 5s. cash j^ciid for the petition. 

M'' Rich'^'i Edwards as atturney for Isaac Curtis of Walling- 
ford petitioned this Court to grant the said Curtis execution 
upon a verdict of jury given at the countie court at Newhaven 
the second Munday in Novemb^ one thousand six hundred 
and ninetie five in an action depending in the said court be- 
tween the s'i Curtis and M"" John Hull of the said town of Wal- 
lingford, which action the said Curtis comenced against the 
said Hull for that the said Hull had illegally entred upon and 
made improvement of three ac^ and 3 quarters of meddow in 
a place called Dogs Miserie which is the proper estate of the 
plaintiff, to a surrendrie of the s<^ meddow with ten pound 
daihages and cost of court, in which case the jury find for the 
plaintiff the case and cost of court. This Court doe see reason 
and order that there shall be execution granted upon the said 
verdict of the iurie. 5s. paid for the jjetition. Execution 
delivered to Isaac Curtis. 

At this Court the Gouernr and any four of the Assistants 
with the Secretarie were chosen to be the Councill of this Col- 
onic to continue in that trust till Octobf next ensuing, and it 
was ordered that the power of this Councill should be the 



166 PUBLIC RECORDS [May, 

same as in the year one thousand six hundred and ninetie 
fine. 

Ordered and declared by this Court that the former law 
about fenceviewers in the printed laws title Fenceviewers be 
repealed and made void, and that the fenceuiewers oath be 
accomodated to the laws made for fenceviewers which remain 
still in force. 

The form of the fence viewers oath ordered and established 
by this Court, viz : 

Whereas you A. B. are chosen fenceviewer for the year en- 
suing for the town of H, you doe swear by the name of the 
everliving God that you will with all faithfullness execute the 
office and place of a fence viewer according to the express 
lawes of this Colonic that now are in force, according to the 
best of your skill &c. So help you God. 

Whereas by a former law book-debts were outlawed at the 
end of three years from the time when such debts were first 
made, this Court now orders that for the future no book-debts 
shall be outlawed till the end of seven years after the said 
debts were first contracted, excepting onely book-debts charged 
upon persons that are deceased, which shall be outlawed at the 
end of three years from the time they are pretended to be con- 
tracted, unless the credif shall give oath that such debts as 
he chargeth upon the estate of the deceased remain yet wholy 
unpaid. 

Ordered by this Court that the law made concerning appri- 
zall of estate seized by execution. May the ninth, 1695, be re- 
pealed, the repealing the s^ law not to be published till Octob'" 
next. 

Ordered and enacted by this Court that from and after the 
[270] first of May "next || ensuing this instant no wheat that 
is raised in this Colonic shall be transported out of it except 
what is converted into flower, and if any wheat not converted 
into flower be shipt aboard any vessell in any part of this Col- 
onic the wheat shall be forfeited. 

Ordered and enacted by this Court tliat a greater valluation 
be putt upon money, and that pieces of eight weighing seven- 
teen pennieweight passe for six shillings and nine pence, and 
pieces of a differing weight to be valluod accordingly ui propor- 



169G.] OP CONNECTICUT, 167 

tioii to their weight, eight peiiie bitts to pass for nine pence, 
double such bitts to passe for eighteen pence. 

Ordered by this Court that when^any man dieth intestate 
leaving an estate, his widdow if any be (shall have besides the 
third part of his reall estate during her life) a part also of his 
personall estate equall to his eldest child, provided it exceed 
not a third part of y*' s<^ personall estate, which said part of her 
husbands personall estate shall be her own forever. 

Ordered by this Court that all forreigners that come into any 
part of this Colonic bringing goods with them to trade shall, 
before the sale of any goods by them brought, give a true 
envoice of all their s*^ goods brought, with the valluation of 
them at their selling price, to some magistrate or comissioner 
living next to the place where their goods shall be first brought 
or landed, and also pay two p"" cent, to the publick treasurie 
of this Colonic for all goods by them brought or landed for 
trade as aforesaid, which two p"" cent, is to be delivered to the 
magistrate or comissioner to whome the s'' envoice is given, 
and for want of such envoice and paim* of two p'' cent, or 
either of them, the goods of the s'^ forreigner shall be forfeited, 
a third part whereof shall be to the informer and the rest to 
the countrie treasurie. 

Ordered by this Court that if any person be sumoned to an- 
swer in any civill action in any court in this Colonic and shall 
not appear to answer according to the sumons, and there be 
legal evidence that the sumons was duely served upon him, 
notwithstanding the said non appearance the action shall goe 
forward to a iudgmt and execution thereupon. 

Upon the motion of divers of the inhabitants of Windsor 
living on the east side of the great river, this Court granted to 
the said inhabitants free liberty in an orderly way with the 
consent of neighbour churches to imbody themselves into 
church estate and to proceed to the ordination of their minis- 
ter, having first obteined the free consent of the church of 
Windsor. 

Whereas the Geni"" Court Octob^ the eighth one thousand 
six hundred and seventie four did grant to M^ Thomas Han- 
ford two hundred ac* of land and appointed M"" Banks and 



168 PUBLIC RECORDS [May, 

Capt. Curtice to lay out the s^^ grant, the s^ Banks being dead, 
this Court doth order and appoint Sam^^ Haise and Deacon 
John Plott to lay out the said two hundred ac^ of land accord- 
ing to the said grant. 

This Court granteth liberty to M'' Jonas Clerk to transport 
twentie bushells of corn out of this Colonic, and Mathew Jones, 
twentie bushells, Capt. Caleb Stanley, ten bushells, Capt. John 
Hamlin, ten bushells, M^ Morey, fifteen bushells, the treasurer 
Capt. Joseph Whiting, twentie bushels, Lieut. Clerk, twentie 
bushells, Mr Watson, ten bushells. 

At this Court Capt. Jonathan Sellick was chosen Serjeant 
Maior of Fairfield Countieand to be comissionated accordingly. 

Whereas John Johnson had a grant of fiftie ac^ of land at 
a Gen'-'i Court Octobr the twelfth 1671, this Court doth ap- 
point Solomon Tracey and Ensign Bushnell to lay out the said 
land to the said John Johnson according to his grant, provided 
he take it up where it may not be preiudiciall to a former 
grant. 

This Court approved of the copie of a comission drawn by 
Lieut Colon^^ Allin for Capt. Will Whiting who is appointed to 
be Capt. of the company designed for Albanie, and order that 
the comission for the lieuten'^ of the company be drawn cor- 
respond' to it. 

Liberty was granted by this Court to M'^ Davee to transport 
twentie bush'^s of corn out of this Colonic, and M'' Fosdick, 
ten bush'i^ 

Major Jonathan Sellick took the Serj* Maiors oath before 
this Court, May 22, 1696. 

Capt. Nathan^ White informing this Court that the soul- 
diers of Midletown had chosen Serjt John Hall to be Ensign 
of their company, this Court confirmed their choice. 

This Court granted that Edward Nash of Norwalk being 
aged and infirm should not be listed for his person in the 
countrey list. 

This Court granted a rate of a half pennie upon the pound 
to be levied upon all the rateable estate in this Colonie to de- 
fray a debt due from the countrey to the heirs of the estate of 
John Sad. 



1696.] OF CONNECTICUT. ' 169 

[271] At this Court M"- Edward Bromfield and M^ Francis 
Burrows plaintiff conf Daniel Shiiton defend* by way of appeal 
from the judgm' of the Court of Assistants May 11*'', 1696, in 
an action depending between them the s<^ Edward Bromfield 
and Francis Burrows plaintiff, and the s"^ Dan'^ Shiiton, which 
action the said plaintiff comenced against the s^ defend' at 
the countie court held at Hartf^J Ap^"^' 6, 169f , and prosecuted 
to a judgm* in the said court by their atturney, M"" Nath^ 
Foot, and the s'' court awarded to the plaintiffs one hundred 
and fiftie six poiids thirteen shillings and ten pence in currant 
silver and cost of court ; from this judgm* this defend* appealed 
to the Court of Assistants holden at Hartford May the 11*^, 
1696, the Court of Assistants by their iudgm* award this de- 
fend* to pay to the s"^ plaintiff one hundred and fortie one 
pound thirteen shillings and ten pence in money, and cost of 
courts, out of which sume must be deducted what was paid to 
the plaintiff by M"" Richard Edwards upon this defend'^ ac- 
count. From this judgm* of the Court of Assistants the de- 
fend* now brings his appeal. This Court now find for this 
plaintiff one hundred and fiftie six pounds thirteen shillings 
and ten pence siluer money, and costs of courts. But whereas 
this defend* pretends that he returned part of the goods 
charged upon him by this plaintiff to the uallue of 13Z. ds. and 
that the plaintiff hath not given creditt for all that this defend* 
hath paid, as certein horses and money paid by M"" Richard 
Edwards to the plaintiff upon the defend*^ account, this Court 
orders that execution upon the estate of the defend* at present 
shall be limited to one hundred and sixteen pounds thirteen 
shillings and ten pence, and execution not to be granted for 
the remainder till the last of October next ; and if this defend* 
can make it to appear at the Generall Court in Octob'' next 
that he is overcharged by the plaintiff, so much as he is over- 
charged by the plaintiff is to be abated. Cost of courts allowed 
at five pounds four shillings and six pence. Execution deliv- 
ered to Nathari"^ Foot atturney. 

This Court granted that the Records of this Colonic should 
be secured for the service of the countrey according to the 

22 



170 PUBLIC RECOEDS [May, 

advice of the Govern'' and Coimcill, and for the present to 
be in the house of Colonel Allin for that end if the Colon' ' 
please. 

At this Court John Gallop as attorney for Benjamin Palmer 
plaintiff cent'" Major James Pitch defend' in an action of ap- 
peal from the judgm* of the Court of Assistants, May 11''', 
1696, by which iudgm' this plaintiff was awarded to pay to this 
defend' twelve pounds and cost of courts. Tlie plaintiff in 
this action personally appearing openly declared in court that 
he did withdraw his action. 

This Court voted and concluded for incouragm' of the soul- 
diers that are to be sent to Albanie that if the Kings pay fall 
short of the accustomed pay of this Colonic, what is wanting 
thereof shall be made up to them out of the countrey treasurie. 

Also that the souldiers that are to be sent to Albanie shall 
be levied out of the severall plantations of this Colonie as pro- 
portionably as may be. 

At this Court John Gallop as atturney for Benjamin Palmer 
plaintiff cont"" Major James Fitch defend' in an action of ap- 
peal from the iudgm' of the Court of Assistants May ll"i, 
1696, by which iudgment the plaintiff was awarded to pay to 
this defend' sixteen busli-'^ of barley and cost of court. The 
plaintiff in this action personally appeared in court and de- 
clared that he did withdraw his action of appeal. 

This Court approved of the copie of a letter drawn to be 
sent to Govern^ Fletcher : also the copie of an answer to Colon'^ 
Pinchins letter was read and approved of in Court. 

A copie of a tract of land taken up by Sam^ Buell upon his 
grant. 

May 15"i, 1693. A tract of land measured out for Sam" 
Buell senr of Killinworth about three quarters of a mile south 
from Snipsick and south of Hockanum River, from north to 
south it is in length about eight score rod, with a small brook 
ruhing through the length of it, and in breadth about one 
hundred rod, and on the south west corner a small spruce 
swamp, on the west side there runs a streight line bounded by 
trees, on the east side of it its bounded by the foot of the hills. 
This parcell of land lies of the east side of the great river 
about ten miles east from Windsor. This parcell of land lies 



1696.J OF CONNECTICUT. 171 

for one hniidred ac'"^ more or lesse. This parcell of land was 

laid out by us, 

Samuel Grant, sen^", 
Samuel Rockwel, jun"". 



At a 3IEETING OF THE GoVERN* AND COUNCILL IN HaRTFORD, 

May 30'^ 1696. 

Membe7-s of the Oouncill: His Majesties Proclamation for the 
Colon" Rob' Treat Gov""", apprehending persons accused of High 
Lieu' Culon" Jn° AUin, Treason, dated Feb. 1695, was read in 

M"" Natlian" Stanley, Councill, also his Maje""' Proclamation 

Gapt° Caleb Stanley, for a day of publick Thanksgiving upon 

Capf^ Jn° Hamlin, the discovery of a conspiracie to assas- 

Maj'' Moses Mansfield, sinate his Maje''^^ sacred person, dated 

Eleazar Kimberly, Secr^^. March 169|. 

The Govern' and Councill doe order that the third Wednesday of 
June next be kept a day of publick Thanksgiving throughout this Col- 
onie to blesse God for the deliverance of his Maje''®* sacred person 
and his kingdome from that horrid conspiracie. 

An order for the day of Thanksgiving was read and approved in 
Councill : also a copie of a letter to be sent to Governour Fletcher 
was read and approved in Councill. 

Ordered in Councill that his Maje''®^ proclamation for the appre- 
hending of persons accused of high treason should be publickly read 
in the severall counties according to his Maje**^^ order, which was ex- 
ecuted accordingly without delay. 



At a meeting of the Govern^ and Councill in Hartford, 
Aug. T\ 1696. 

Members of the Councill: By order of the Govern"" and Coun- 
Colon" Rob' Treat, Gover"^"", cill there was this day published an Act 
Lieu' Colon" John Allin, of Parliament for Preventing Frauds 

Nathan" Stanley, Esq., and Regulating Abuses in the Planta- 

Capt° Caleb Stanley, tion Trade, sent by the Lords of the 

Capf^ Jn° Hamlin, Councill to the Govern"", 

Maj"" Moses Mansfield, Ordered by the Govern'" and Councill 

Eleazar Kimberly, Secre'''^. that the Treasurer should borrow fifteen 
pounds in money for the service of the countrey, to supply the capt° and 
souldiers designed for Albanye, and deliver it to the captain, M"^ Will 
Whiting. 

Whereas we are informed by Colon" Fletcher of an enemy that is 
upon the march to invade Albanie, and are called upon for aid and 
assistance by his excellencye said Colon" Fletcher, and the Gen"^" Court 
having at their last sessions appointed that sixtie men with a captain 



172 PUBLIC RECORDS [Allg". 

and lieu* should march up foi'thwith to Albanie for the defence of 
Albany and the repelling any enemy that may come to assault them ; 
therefore it is ordered by the Governour and Councill that forthwith 
there be warrants sent forth by the Secretary to the severall constables 
in the plantations in the counties of Hartford, Newhaven and Fairfield, 
that they doe forthwith impresse so many souldiers as the Governour 
and Councill have appointed in each town, with armes compleat, well 
fixed and fitt for service, each souldier to have half a pound of powder 
and two pound of bulletts, to be ready to march upon the first call 
from the Governour ; and they are also to impresse for every man a 
horse so farre as Kenterhook, with saddles and bridles fitt for service, 
and snapsacks and biskett and cheese for their march to Albanie. 

By reason of some advice from the right hon''^^ the Lords of his 
Majesties most hon*"**^ Councill that the French are making prepara- 
tions by shipping and otherwise for an attempt on some parts of Amer- 
ica, which they have notified to us by an expresse to the end we may 
putt our selves and all things in the best posture of defence that may 
be, the Governour and Councill doe order the Secretary forthwith to 
write to the field officers in each countie of this Colonic, who with the 
advice of the assistants or magistrates in their countie, are forthwith to 
meet and consider the best way they can to putt themselues and y® plan- 
tations in a posture of defence, and that they may be ready to assist 
each other as there may be occasion ; and to that end that they doe 
take care that every train souldier be compleat in their armes well 
fixed and fitted for service with amunition according to lawe. And 
the Governour and Councill doe recomend it to them to appoint that 
the one halfe of the trainbands under their respective comands be by 
them nominated and appointed to be ready upon any allarm to march 
forth for the defence of his Majesties good subiects assalted, with armes 
and amunition according to lawe. 

Ordered by the Governour and Coimcill that a credentiall letter be 
drawn and signed by the Treasurer for Capt. Will. Whiting to take up 
upon the countreys ace' what he shall have occasion for in order to 
the necessary supply of himselfe and the souldiers that shall march 
with him to Albanie, during the time y' he shall be Avith them in his 
Maje*'^^ service for the defence of Albanie and in his going and re- 
turning. 

A letter drawn to send to Colon" Fletcher was read and approved 
in Councill : also a comission for Capt" Will. Whiting, capt° of the 
souldiers bound for Albanie, and a comission lor Sam" Preston, lieu* for 
the same expedition, were both read and approved of in Councill, and 
also a copie of instructions for the captain to direct him in the trust 
comitted to him. 

A packett being recieved from White-Hall wherein were conteined 
severall expresses from the right hon*'^ the Lords of the Councill, was 
read in Councill; first, one bearing date Apriil the fifteenth, 1696, in 
the eighth year of his Maje'"'^ reign, wherein the right hon'^''^ the Lords 
of he Councill did in his Majesties name require and comand the 
Govern'^ and magistrates of this Colonie duely to publish and putt in 
execution an Act in the then present sessions of the Parliament for 



1696.] OP CONNECTICUT. 17-j 

the preventing Frauds and regulating Abuses in the Plantation Trade, 
and all other lawes made for the incouragem* of Navigation and secure- 
ing the Plantation Trade to his Maje''^^ kingdome of England, a copie 
of which Act was recieved from the said Hon'''® Lords and read in 
Councill and by order of the Govern'' and Councill forthwith published 
in Hartford, this instant, and ordered to be published in the severall 
counties: Also an expresse bearing date Aprill the 20"*, 1696, where- 
in the right hon'''® the Lords of the Councill did notifie to the Govern- 
our and magistrates of this Colonic that the French intended an inva- 
sion upon his Majesties subiects in America, to the end that necessary 
orders might be given to putt all things in a posture of defence, for 
which order was given by the Govern'' and Councill as is before re- 
cited : Also an expresse bearing date Aprill the 2P', 1696, with a 
copie of a Bill of Association proper to be entred into and assigned 
accordingly within this goverm' was read in Councill.* 

Also a letter sent from Govern"" Fletcher, dated August y"" 2^ 1696, 
with the copies of two other letters sent from Albanie to the s*^ Gov- 
ern' were read in Councill, informing that the French made sharp 
warre upon the friend Indians and intended to invade Albanie, &c., 
with desire of aid, which was ordered as aforesaid. 

Ordered by the Governour and Councill that if any of the souldiers 
imprest for Albanie stand in need of a supply of clothing for that ser- 
vice, the Treasurer shall supply such souldier or souldiers upon the 
countrey's account, provided that he doe not expend above twentie 
shillings upon one souldier for that use upon their marching out. 



At a meeting of tete Govern'^ and Counciel in Hartford, 
Septemb", 2'', 1696. 
Members of the Councill: A letter from Govern'' Fletcher bear- 
Colon" Rob* Treat, Gover""^, ingdate Aug. 24, 1696, wherein he in- 
Lieut. Colon" Jn° AUin, formes that he hath fresh intelligence 

Capt° Sam" Mason, that Count Frontinec hath expresse 

M'' Nathan" Stanley, order from the French king to attack 

Maj'' Moses Mansfield, Albanie &c., and desires that sixtie men 

Capt" Caleb Stanley, be sent to Albanie to strengthen that 

Capt" Jn° Hamlin, place some time, was read in Councill. 

Eleazar Kimberly, Secrefy. A coppie of a letter drawn to send to 

Colon" Fletcher was read and approved 

in Councill. 

* The packet came through Gov. Fletcher, the letters mentioned as contained in it 
are in Foreign Correspondence, I, 51, 52, 54; the Association for revenging his death 
in case the King should come to a violent or untimely end, and for maintaining and 
defending the succession of the crown according to the Act I, W. & JI. 36, was 
signed by all the members of the Council present Sept. 2, and by the General Assem- 
bly at the next October session. The original is in Civil Officers, I, 'i3. 



174 PUBLIC RECORDS [Oct. 

At a Genrll Court held at Hartford, Octobr S^^, 1696. 
Colonell Robert Treat, Govern'', 
Assistants : 
Lieii^ Colon'' Allin, Capt. Caleb Stanley, 

Mr Andr. Leet, Maj'' Moses Mansfield, 

Majf James Fitch, Capt. John Hamlin, 

Capt. Sam'i Mason, Major Jonathan Sellick, 

Capt. Dan'i Witherell, Capt. Nathan Gold. 

Mr Nathii Stanley, 

[272] Deputies : 

For Hartford, Capt" Cyprian Nickols, M^ WilHa Pidkin. 

For Windzor, M-- Hen^ Woolcntt, M<- John More. 

For New Lond", M'" Sam'' Fosdick, M"" Andrew Lester. 

For Newhave, Serj' James Eaton, Serj^ John Allin. 

For Saybrook, M^ Nathi' Lind, Lieu' John Clerk. 

For Midletow', M^ Will Cheenie, Ens. John Hall. 

For Stoningt", M-- Joseph Minor, M^ Ezekiel Main. 

For Stratfr'', Ensign James Judson, M^ Jn^ Booth. 

For Branfr'-i, Capt. Eleaz'" Stent, M"" William Malbie. 

For Haddu, M'- Danii Brainard. 

For Norwich, Capt" Benj" Brnister, Ensign Rich^d Bushnell. 

For Milf'd, Mr Thomas Clerk, Lieu* Sam'' Newton. 

For WethersP*', Lieut James Treat, Ensign Jno Chester. 

For Gilford, M'" Josiah Rossiter, Lieut. Steph. Bradley. 

For Lyme, M^ Joseph Peck. 

For Derbye, Ensign Sam'i Riggs. 

For Killinworth, M>- Sam" Buell. 

For Farmington, Capt. John Stanley, Capt. Tho. Hart. 

For Glassenbury, Serj* Sam'' Hale. 

For Symsbury, Sam" Wilcockson, Peter Buell. 

For Waterbury, Lieut. Tho. Jud, Deacon Tho. Jud. 

For Wallingfrd, m^ Eliasaph Preston, M-" John Hall. 

For Stanford, Ens" John Bates, Serj' David Waterbury. 

For Fairfield, M^ John Wakema. 

For Norwalk, Andrew Messenger. 

For Woodbury, M"" Izrael Curtis. 



1696.] 



OF CONNECTICUT. 



175 



Perso7is nominated for Eleetioyi: 
Coll Rob' Treat Esq"-, Will Jones Esq^ Major Genrii Win- 
throp Esq"", Sam'' Willis Esq"", Lieut. Coloncll Allin Esq"-, 
Capt" Andrew Leet Esq"", Maj'" James Fitch Esq"", Capt" Sam" 
Mason Esq^, Capt° Dan" Witherell Esqu"-, Nathan" Stanley 
Esqu"", Capt" Caleb Stanley Esq"", Majr Moses Mansfield Esq% 
Capt" John Hamlin Esq^, Maj^ Jonathan Scllick Esqr, Capt" 
Nathan Gold Esq'", M"" Thomas Hooker, M"" John Chester, M'' 
Will Pidkin, M"- Joseph Curtis, M^ Henr Woolcutt, M"- Rich'd 
Cristophers, M"- John More, M-- Thomas Trowbridg, M"- John 
Hains. 

It was voted and granted by this Court that twentie four of 
the freemen of this corporation should stand in nomination in 
order to the election of Assistants in May next, who are to be 
chosen out of the twentie four that shall be nominated. 



[273] 


List 


: of persons and estates. 








Persons. 


Estates. Us. 




Persons. 


Estates. Us. 


Hartford, 


285 


17435 


Saybrook, 


112 


05675 


Norwich, 


110 


05117 


Stonington, 


086 


04912 


Farmingt", 


115 


07218 


Stratford, 


140 


09229 


Windzor, 


300 


15827 


Haddum, 


088 


03102 


Branfrd, 


069 


03852 


Fairfield, 


170 


11186 


Preston, 


042 


02193 


Newhaven, 


290 


15525 


Killin worth. 


045 


02404 


Waterbury, 


040 


01562 


Glassenb'7, 


050 


02579 


Stanford, 


090 


05307 


Darby, 


042 


01696 


Greenwich, 


070 


03334 


Newlondon, 


220 


10660 


Wallingfrd, 


075 


04298 


Gilford, 


125 


07611 


Wethersf., 


213 


10919 


Midletow', 


125 


05865 


Norwalk, 


076 


05827 


Lime, 


099 


04655 


Milford, 


160 


10012 


Simsbury, 


070 


02975 


Woodbury, 


063 


02970 



. 93858 90087 

Tot", 183945?^. 

Acts and Laivs passed at this Greji'''^ Assemhly. 
This Court granteth a sallery of ten pounds in currant 
money of this Colonic to each of the Assistants of this Colonic 
to defray all their charges in mannaging of the Colonic affairs 
for the year ensuing, and such of the Assistants as shall neg- 
lect to attend any of the four stated Superiour. Courts shall 
abate for each court that he shall neglect to attend according 



176 PUBLIC RECORDS [Oct. 

to the following proportions, that is to say, for neglect of 
attendance at the Court of Assistants fourtie shillings, and for 
neglect of attendance at the Genrii Court three pounds. 
Always provided and it is to be understood that the expences 
of the whole Gen'"'i Assembly upon the Election-day shall be 
at the charge of the countrey, and what fees any are according 
to law to pay upon appeals from the Countie Court to the 
Court of Assistants shall be paid to the Assistants that keep 
the said court. 

This Court grants a rate of two pence upon the pound in 
money to be levied upon all the rateable estate in this Colonic, 
this sume including the half pennie rate granted by this Court 
in May last ; and if any persous have not money, they have lib- 
erty to pay their rates in good and merchantable grain, beeflf 
or pork at the prizes following, viz. Indian corn at two shillings 
pi" busli'i, pease at three shillings p"" bushel, rie at two shillings 
six pence p"" bush^^, winter wheat at four shilling p^ busli'i, 
pork at fiftie shillings p"" barell, ,,beeff at thirtie shillings p^ 
barrell, both well repackt, which shall answer their rate in lieu 
of money. And al money debts that this Colonic oweth are 
to be paid in money, and what debts are due to be paid by this 
Colonic in pay, two thirds in money, or in grain or pro^asion 
abovementioned as it is before vallued, shall satishe the whole 
of such debts. 

For the incouragem'^ of bringing in and keeping of money 
in this Colonic, it was ordered by this Court in May last that 
all pieces of eight of seventeen pennie weight should passe for 
sixe shillings and nine pence, and pieces of a different weight 
to be vallued proportionably according to their weight, bitts at 
nine pence, double bitts at eighteen pence ; for explication of, 
and addition to the said act, it is ordered and declared by this 
Court and the authority thereof, that the true intent and 
meaning of the said act is that the said pieces of eight and 
lesser money therein so vallued are to be Mexico, Civill, or 
pillar money. And it is also ordered by this Court that good 
Peru pieces of eight shall passe for five shillings p piece, and 
lesser pieces of Peru proportionably. Always provided that what 
money debts were contracted before the publication of the said 



1696.] OF CONNECTICUT. 177 

order made in May last are to be paid in money according to 
the former ralluation before the said act was published, the 
said act notwithstanding, and what aggreem'^^ or contracts for 
money have been made by any p'ticular persons since the 
publication of the s'' order made in May last are to stand good 
and to be fulfilled according to the true* intent and meaning 
of such aggreem's and contracts. 

As an addition to the law title Fence Viewers, requiring 
that two fence viewers be chosen annually in every town in 
this Colonic, it is ordered by this Court that it shall be lawfull 
for every town by their discretion to choose two fence-viewers 
or more, according as the necessity of their town shall require. 

To prevent and suppresse the disorder of souldiers in not 
coming into the field in their amies compleat and well fixt 
upon the days of trayning, it is ordered by this Court and the 
authority thereof, that if any souldier that is called according 
to law into the field to exercise in the use of his armes and 
military discipline, or otherwise for the Kings service, shall 
come into the field not having his armes compleat and well 
fixt he shall for every such default be fined two shillings. 

Whereas this Court May the 9^^, 1695, did order that no 
estates seized by execution should be sold at an outcry except 
such estates as are seized for rates or fines, but that estate 
seized by execution should be delivered to the credit''^ upon 
apprizall according to the law title Executions, and according 
to the former oath apprizer[s] were sworn to valine such 
[271] estate according to || the present worth of it in comon 
account ; now to the intent that creditors may come by their 
just dues, it is ordered by this Court and the authority thereof, 
that for the future all persons appointed to prize such estate 
seized by execution shall be under oath to apprize the same as 
neer as they can judg according to the true and iust valine 
and worth thereof to the credif in the specie inguaged to him. 

Acts and laws passed in this Court for incouragem' of per- 
sons to list themselues in the Troop in ye countie of Hartford, 
and for the regulating of the said troop. 

Im2)r. It is ordered by this Court and the authority thereof 
that tlie said troop shall consist of sixtie four troopers, and 
23 



178 PUBLIC RECORDS [Oct. 

that there shall be paid out of the publick treasurie five shil- 
Imgs and eight pence p^ annvi to each trooper and to every of 
their officers. 

It. That every trooper shall passe ferrie free both for him- 
self and his horse over all the feries in this Colonic when on 
publick service or on trooping days. 

It. That no troopers shall be compelled to serve but under 
their own officers, and y*^ no troopers horse or furniture shall 
be imprest from him. 

It. That each trooper shall be allowed for his horse sixe 
pence pf day more then other souldiers when on the countreys 
service. 

It. That every trooper shall be allowed one horse free from 
the list of estates. 

It. That each trooper that is listed shall keep a horse for 
the seruice allowed and approved by the officers of the troop, 
with suitable arms as carbine and pistols and other accou- 
tremt^s. 

It. That all damages susteined by any trooper, either in 
losse of horse or armes or necessary fiu'niture, in the countrey 
service, shall be made good to them out of the publick treas- 
urie as to other souldiers imployed in that service. 

It. That amunition shall be allowed to them as well as to 
other souldiers. 

It. That any person legally warned to troop and not appear- 
ing shall pay a fine of five shillings for each day he is defect- 
ive, to be paid to the clei-k for the use of the troop within 
fourteen dayes, and upon neglect to be distreyned by the clerk 
at the charges of the delinquent. 

It. That each person defective in armes shall be finable ac- 
cording to law. 

It. That the number of days for trooping in every year shall 
be four days, and that every trooper shall be ready to attend 
tlie King's service when orderly called. 

It. That for the better regulating of the troop, the officers 
shall have liberty to make such orders as may conduce to the 
right mailagemt thereof, provided they are not contrary to the 
laws of this Colonic. 



1696.] OP CONNECTICUT. 179 

The Reverent M'' Abi-aliam Pierson petitioned this Court 
that he might be exempted from paiment of rates for his stock 
and land, this Court granted his petition and ordered that his 
stock and land should not be listed in ye coimtrey list. 

This Court granted that a rate should be made and so much 
money levied as would answer two hundred pounds currant 
in England, to be converted into currant money there by ex- 
change or otherwise for the supply of our agent. 

This Court grants the Govern'" for his sallery for this year 
eighty pounds in money as it was vallued the last year; to the 
Deputy Govern'' for his sallery for this year twentie pounds in 
money ; to the Treasurer for his sallery twentie pound in 
money ; to the Secretary twelve pounds and ten shilling in 
money ; to Colon" Allin ten pounds for his service the year 
past, in money. 

A letter from Hatfield dated Octob'- ye 7^1% 1696, directed 
to Colon" Allin and subscribed by the Reuer' M'" Stodder, 
Capt. Patrick and the Rever* M"^ Williams, declaring their dis- 
tressed condition by reason of mischief done among them by 
Indians and their great and continuall fear of more mischief 
from tlieir barbarous enemies, with an earnest desire that this 
Gen" Assembly would grant them a speedy supply of fortie or 
fiftie men for their defence : the Court having seriously con- 
sidered the matter and compassionating the condition of their 
distressed friends and neighbours, and also apprehending that 
his Majesties interest and the security of his subjects was 
deeply concerned, and that there was necessity of speedy relief, 
did order that forthwith fortie men, two of them officers, be 
forthwith levied in the towns of Hartford, Windzor and Weth- 
ersfield, and well fitted and furnished with arms and amuni- 
tion, and also for each man a horse to be provided with furni- 
ture fitt for travail, to march with all possible speed up to 
Dearfield, there to imploy themselves in the best manner they 
can for the defence and security of his Maje^'^s subjects in 
those quarters and for the discovery and destroying of any 
enemies that shall invade them. Lieilt. Stephen Hollister was 
chosen to be chief coniander of the souldiers that are to march 



180 PUBLIC RECORDS [Oct. 

out upon the aforesaid expedition, and comissionated accord- 
ingly. 

At this Court M"" Cyprian Nickols was chosen in behalf of 
the countrey to dispose of such lands for the use and benefitt 
of the countrey that have been seized by distresse for the 
paimt of rates. 

A letter drawn by Colon" Allin and Maj'" Jonathan Sellick, 
by appointment of the Court, was read in Coiu't and approved, 
to be sent to Colon" Fletcher without any substantial! altera- 
tion. 

Also a copie of a letter drawn by Maj"" James Fitch and 
Capt" John Hamlin was read in Court and ordered that the 
contents be sent to the goverm^ of Massachusets without any 
substantiall alteration. 

Sam" Peck of Greenwitch being chosen Lieu"^ of the train 
band in the said town of Greenwich, this Court approves of 
and confirmes him in that trust, and orders that he be comis- 
sionated accordingly. 

This Court made a choice of Colon" Allin, Maj"" Fitch and 
Majr Sellick to revise ye law made in May last concerning the 
[275] valluation of money, and to consider 1| what additions 
or emendations are requisite for the perfecting the said law, 
and to advise the Court therein. 

Mary Ford of Newhaven moved this Court to grant her lil)- 
erty and power to give legall confirmation of a certain parcell 
of land in Newhaven to Lieu' Abraham Dickerman sold to y^ 
said Dickerman by her husband Mathew Ford in his life time 
but not confirmed to him according to law. This Court 
having considered the matter doe grant to her liberty and 
power to confirme the said land to the said Dickerman, accord- 
ing to the bargain made between her said husband and the 
said Dickerman in his life time. 

This Court voted and concluded that the Councill shall till 
the Gen" Assembly in May next consist of the same members 
as were appointed in May last, and if it shall happen that a 
sufficient number of the* Assistants in the said act mentioned 
cannot convene, it shall be in the power of the Governour to 
make up the full number that the Councill ought according 



1690.] OF CONNECTICUT. 181 

to law to consist of, out of the deputies in Hartford, Windzor 
or Wethersfield ; the power of the Councill to be the same as 
in the year 1691. 

Ypon comphxint of tlie Deputies that their sallerie was not 
sufficient, it was voted and granted by this Court that the 
deputies sallerie for their attendance at this Court should be 
adiudged to be a money debt and to be paid as other money 
debts due from this Colonie. 

Lieut. Colon'^ Allin, Capt. Dan^^ Witherell, and Capt. John 
Hamlin were chosen by the Court to draw up an addresse to 
he sent from this corporation to his Majestic, and also a letter 
to be sent to our agent in England. An addresse and also a 
letter were accordingly drawn by them and read and approved 
of in Court.* 

This Court in consideration of the wonderfull goodnesse of 
God appearing in his providence towards his people in this 
Colonie in preserving health in our habitations, and protecting 
from the malice of our enemies in so great a measure, and 
affording a comfortable supply of the fruits of the earth, in 
discovering and delivering his Majestic and kingdome from a 
horrid and barbarous conspiracie, did appoint the fift day of 
Novemb"" next to be kept a day of publick and solemn Thanks- 
giving throughout this Colonie. An order for the observation 
of the day was read and approved of in Court. 

Jonathan Gennings and Peter Crosse of the town of Wind- 
ham, administraf'' to the estate of Robert Wade of the said 
town, informed this Court that the said Robert Wade died 
much in debt, and that his familie was in want, and that there 
was a necessity of selling some of the lands of the said Robert 
Wade for paiment of his debts and for relief of his familie, 
and moved this Court to give them power so to doe. This 
Court having considered the matter doe give full power to the 
said administrat''s, with the consent of Lieut. John Fitch and 
Ensign Jonathan Crane overseers to the estate of the said Rob- 
ert Wade, to make sale of the lands of the said Robert Wade, 

* No copy of the Address is found on file; a coi)y of the letter to :\gent Winthrop 
is in Foreign Correspondence, II, 61. 



182 PUBLIC RECORDS [Oct. 

so farre as need shall require for the paimt of his debts and 
the necessary supply of his famihe as aforesaid. 

Vpon tlie motion of the souldiers of the town of Danbury, 
Mr. James Beebe is by this Court approved and conhrmed to 
be Lieutenant of the train band in the said town of Danbury, 
M"" Thomas Tailer to be their Ensign, and to be comissionated 
accordingly. 

Mrs Elizabeth Eyre of Newhaven, widdow, petitioned this 
Court to grant to her liberty and power to make sale of a par- 
cell of land about eight miles distant from the said town of 
Newhaven in a tract of land called the third division, wliich 
parcell of land descended to her by gift from her granmotlier, 
M''s Allerton deceased. Tliis Court having considered the 
petition of the said M^^ Eyre and her pleas therein recited, doe 
grant her request, and doe hereby grant her free liberty and 
full power to make sale of the aforesaid land, and doe order 
that a conveyance thereof under her hand shall be effectuall 
to all intents and purposes to confirme the said land and every 
part thereof to any person or persons whatsoever, to his or their 
heirs that shall purchase the said land of her. 

Voted and cpncluded by this Court that a comittee be 
chosen to revise all the laws of this Colonic, and to consider 
what alterations, additions and emendations are necessary to 
render the laws of this corporation more effectuall to main- 
tain and uphold righteousnesse, and to promote the weal and 
prosperity of his Maje^'es good subjects here. Colon" Jn^ 
Allin, Maj"" James Fitch, and the Secretary, are chosen and 
appointed by this Court for that service. 

The select-men of the town of Midletown plaintiff conf Na- 
than" Bacon defend', in an action of the case by way of appeal 
from the iudgm*^ of the Court of Assistants the first of this in- 
stant, which action was brought to the s'^ Court of Assistants 
by way of appeal from the iudgm' of the Countie Court held 
in Hartford Septemb'' ye 3'i, 1696, which action is thus entred 
in the records of the said countie court : Nathan" Bacon 
plaintiff cont'^' Izrahiah Whitmore, Thomas Ward, and John 
Clerk, as select-men of the town of Midletown, defend', in an 



1696.] OP CONNECTICUT, 183 

action of the case for removing or causing a removall of the 
fence belonging to the long meddow, boggy meddow, and new 
field, from the place of its first settlment aggreed on, whereby 
the said Bacon hath suffered great damage by having his 
estate seized and uniustly taken away from him, for refusing 
to erect fence imposed on him in the new devised place, and 
his land rendred uncapable of improvement, being left out of 
the common field where it lay formerly within fence, to a re- 
turn of his estate seized and to a reducing of the said field and 
fence into the former state according to the first settlement, 
with reparation of damage susteined to the sume of ten 
pounds ; in which action the jury at the Court of Assistants 
find for the said Nathan'^ Bacon then defend' cost of court, the 
Court accepting the verdict, the plaintiff appeals to this Court. 
This Court having considered the case with the pleas and evi- 
dences on both parts, do find for the plaintiff the continuance 
of the fence and the highway in the place where they are now 
stated and the cost of this court. Cost allowed at five pounds 
eight shillings, more for Secretaries fees three shillings cash. 
The charges of the defend' in former trialls at the Countie 
Court and the Court of Assistants allowed to him at one pound 
sixteen shillings. 30 shillings in cash paid foi- the appeal. 

There being occasion for sending money to Boston to be 
converted by exchange into money in England or otherwise 
disposed for the supply of our agent, and also for sending of 
letters of publick concern for England, this Court doth comitt 
the trust and charge of conveying those letters and the money 
to the order of the hon'"'! Assistants residing in Hartford. 

The select men of the town of Wethersfield plaintiff cont^ 
M'" Joshua Bobbins defend', by way of appeal from the judgm* 
of the Court of Assistants held in Hartford the first of this in- 
stant, in an action of the case comenced by the plaintiff and 
[276] prosecuted at the || Countie Court held at Hartford in 
Septembr last against this defend' for his uniust encompassing 
and fencing in and forcibly deteining a certein parcell of land 
in Wethersfield, being comon or town land lying and beino- at 
the rear or west end of a teer of lotts laid out at or near Rocky 
Hill, called South Field, or the rear of the lotts aforesaid, to a 



184 PUBLIC RECORDS [Oct. 

siirrenclrie of said land with such damage as the said court 
shall award: this action hy appeal from the judgm' of the 
Countie Court proceeded to the Court of Assistants held at 
Hartford as aforesaid, in which action the said Court of Assist- 
ants find for the defend* the land in controversie and costs of 
courts ; from this judgm* this plaintiff now appeals. This 
Court having considered the pleas of plaintiff and defend'^ in 
this case doe find for the plaintiff the surrendrie of the land 
in controversie and costs of courts. Costs allowed at ten 
pound seven shillings. 

Samuel Ingham of Saybrook being unsatisfied with the set- 
tlement of the estate of his uncle Sam^^ Bushnell at a speciall 
court held at the said town of Saybrook according to a pre- 
tendpd will, pretending that he is thereby debarred from his 
iust right in the estate of his said vncle, his vncle dying with- 
out issue and the said Sam" Ingham being his sisters sonne, 
desiring this honrd Court to passe a iudgm*^ upon the said 
pretended will and the settlmf of the estate of his said vncle 
by the said court, whether the said will and settlemt be legall. 
This Court considering that the settlm* of the said estate ac- 
cording to the said will hath formerly had some countenance 
by the act of the Gen""" Assembly in May last doe not see 
cause to give any further hearing to his complaint at this time 
but rest in the former settlment. 

Whereas there is an appeal entred in the records of the 
Court of Assistants by M"" Willia Brewster against Abimelech, 
which this Court finding that the mannaging of it in a course 
of law is not so eligible nor like to be so advantageous as some 
other way may be, therefore this Court moved the plaintiff 
and defend' to labour a peaceable issue ; and it was by plaintiff 
and defendant aggreed (with the satisfaction of this Court) to 
indeavour an accomodation by the help and advice of M"" John 
Hamlin, M^ Will Pidkin and Capt" William Whiting, who are 
therefore desired and appointed by this Court as soon as they 
can to meet at Norwich or Lebanon, where they shall think 
most convenient, and the persons concerned are by this Court 
ordered to give them a meeting there and to lay open what 
they have to say in the case between them depending before 



1696.] OP CONNECTICUT. 185 

the said foreiiamed gentlmen, wlio are desired by this Court 
to use their utmost iiideavour to settle a good and righteous 
agreement between the said M"" Brewster and Abimelech, or 
Owaneco and Abimeleck, in whose right it is that M"" Brewster 
claims certain lands chalenged by Abimelech ; whicli i^-ihej 
cannot obtein they are then desired by this Court to consider 
and examine the case or matter of controversie between the 
said parties, in all the circumstances of it, and after serious 
and deliberare consideration to deliver in their iudgmts con- 
cerning the same to this Court in May next-, in order to their 
approbation for a finall issue of the said controversie, where 
both parties are by this Court ordered again to appear. And 
in case the said desired issue should fail, then the said plain- 
tiff may prosecute his appeal in this Court in May next to a 
judgm^ And it is ordered by this Court that in the mean 
time there shall be no further impropriating or improving of 
any lands in Lebanon aforesaid beyond what is already impro- 
priated and improved. And if there be any other matter of 
difference or controversie between Owaneeco and the said 
Abimelech this Court desires y^ s^ gentlmen to consider the 
same and make report thereof to them at their next accus- 
tomed sessions. The said forenamed gentlmen are also de- 
sired and appointed by y^ Court to hear and to compose any 
differences that may be depending between the town of Nor- 
wich or any person therein and the said Owaneco, concerning 
any interest of land or trespasse pretended to be done by the 
said town of Norwich or any of the inhabitants thereof to ye 
said Owaneco or to any of his people, and to make return of 
what they shall find or effect in or concerning the premises to 
this Court in May next. 

This Court granted to our Hon'"'^ Govern^ Colon'i Robert 
Treat three hundred ac^ of land where it may be taken up 
without any preiudice to any particular township or former 
grant.* 

Nathan^i Foot, as atturney for Capt. James Oms-tid of Nor- 
walk and Sam^^ Newell of Farmington, plaintiff, cont'' Sam'' 

* Laid out " towards the eastern bounds of the said colony, at a place commonly 
called Asponock," and patented in 1708, Col. Rec. of Deeds, &c. II, 403. 

24 



186 PUBLIC RECORDS [Oct. 

Lothrop defend'^, by way of appeal from the judgm*^ of the 
Court of Assistants held on the first of this instant in Hartford, 
"which judgmt of the said Court of Assistants was grounded 
upon an appeal from the judgm* of the Countie Court at New 
London held June ye 2*^, 1696, which judgm* of the said coun- 
tie court in the records of the said court is this entred, viz. in 
this action the jury find for the plaintiffs as administrat'"s ap- 
pointed by the hon^''^ Court of Assistants of the estate of John 
Omstid late of Norwich deceased, all the reall estate of the 
said Omstid as it Stands upon record in the inventory of his 
estate and cost of court: from this judgm^ this defend^ ap- 
pealed to the Court of Assistants, the jury at the Court of 
Assistants find for the plaintiff the land in controversie and 
costs of courts, costs allowed at SI. 2s. 9d. this verdict being 
accepted the defendant appeals to this Court. In this action 
this Court find for the defend*^ costs of court. Cost allowed 
at sixteen shillings. 

Lieu"^ Thomas Leffinwell of Norwich and Serj*^ John Frink 
[277] of Stonington || moved this Court that they with the 
rest of the English volunteers in the former warrs might have 
a plantation granted to them. This Court grants them a tract 
of land six miles square for a plantation, to be taken up out of 
some of the conquered land, provided it doth not preiudice 
any former grant of this Court to any plantation or a grant to 
any persons ; and when the aforesaid persons have pitched on 
a place that it be bounded by persons appointed by this Court, 
and that the settlm*^ of it be regulated by persons appointed 
by them also. 

This Court grants to Serjt John Frink of Stonington two 
hundred ac's of land for some service he hath done and loss 
susteined in the service of this Colonic, provided he take it up 
where it may not be preiudiciall to any former grant to any 
particular person or plantation. 

Capt" Dan^i Witherell and Capt'^ John Hamlin are appointed 
by this Court to audit a remainder of account depending be- 
tween M'" Edward Bromficld and M'" Francis Burrows of Bos- 
ton plaintiffs, and M"" Dan" Shilton defend', which remainder 
of acc*^^ was referred from the Geni"" Court in May last to be 



1696.] OF CONNECTICUT. 187 

adiiisted at -this present Court : the remainder of accounts to 
be adiusted amounteth to fortie pounds as appears by the 
judgm'^ of this Court in May last. 

Whereas in the case depending between M'' Edward Brom- 
field and M"^ Francis Burrows both of Boston, and M'' Dan" 
Shilton, this Court in May last did order that execution should 
be suspended for a part of the debt which by the iudgmcnt of 
this Court was then found to be due from the said M'' Dan" 
Shilton to the said Bromfield and Burrows, untill this present 
Court, there being some receits lately fouiid of certain goods 
shipped by the s^^ Dan" Shilton and consigned to the s'^ Edwd 
Bromfield and Francis Burrows, for which goods it doth not 
appear that the said Bromfield and Burrows have (by all that 
can be concluded from their accounts) given the said Shilton 
creditt, therefore this Court doth now order that further exe- 
cution shall not passe upon the estate of the said Dan" Shilton 
(upon the account of the iudgm*^ recovered against him at this 
Court in May last by the said Bromfield and Burrows untill 
after the Gen" Assembly in May next ensuing, that so the said 
Dan" Shilton may have opportunity to adiust his acc'^ with 
said Edward Bromfield and Francis Burrows. 

Joseph Rogers petitioned this Court that an issue of a con- 
troversie between him and his brother Jonathan concerning a 
farm at Newlondon awarded by some gentlemen arbitrates of 
the said controversie might be reversed or that a fair and iust 
triall of the said controversie in law may be admitted, plead- 
ing the said issue to be grounded on false and forged testimo- 
nie : this Court did then order that the said Joseph Rogers 
should have a fair and iust triall in law of the said controversie 
at this time, the said arbitriment notwithstanding, giving the 
persons concerned timely notice thereof. This Court consid- 
ering that the said Joseph Rogers hath not given to the per- 
sons concerned notice of his intent by an orderly suiTions ac- 
cording to law, doe referre this matter to a further hearing in 
May next, and doe grant that the said Josepli Rogers shall 
have a fair and iust triall of his cause at the next Gen'i Assem- 
bly in May aforesaid, he suraoning the said persons concerned 
according to law then to appear and answer his complaint ; 



188 PUBLIC RECORDS [Oct. 

and Capt" Sam" Mason, M'- Sam" Chester, M'' Nehemiah Smith 
are desired in the mean time to goe on to the lands belonging 
to the familie of the Eogers's in Newlondon in the gen" neck, 
and to indevour a right understanding of the differences be- 
tween the relations concerning their properties there and to 
adiust them according to their best skill, and to make return 
of what they find in May next to this Court. 

This Court granted and ordered that Lieu* Jn" Clerk of 
Saybrook should recieve out of the publick treasurie of this 
Colonic twentie nobles in money for his good service in taking 
care of the fort at Saybrook and the concernes thereof for the 
two last years past. 

At this Court John Kelcey, Wili Barber, Will Stephens, 
Robert Lane, and Peter Farnam, moved this Court in behalfe 
of some proprieties in the town of Killinworth that a sluice and 
cart bridge might be built upon the river called the Hamock 
River, at the charge of such persons as might be benefitted 
thereby. This Court having considered that notice hath not 
been given to all persons concerned, doe referre the matter to 
further consideration at the Gen'' Court in May next, due 
notice thereof being given in the mean time to all persons 
concerned. 

Lieut Mathew Allin being unsatisfied with the settlem^ of 
the estate of his father Capt" Thomas Allin deceased, by the 
countie court and Court of Assistants, made his application to 
this Court for relieff, the persons concerned, viz : Thomas and 
Samuel sons of the said Capt. Thomas Allin, pleading that 
they had not timely notice of the intent of their brother 
Mathew, the matter was referred, and it was granted by this 
Court that the said Lieu' Allin should have a fair hearing of 
his complaint in May next, giving to the persons concerned 
seasonable notice. Notice was given according to law to M"" 
Thomas Allin and to M"" Sam^' Allin in the presence of the 
Court. 

[278] The relict of M"" John Leet of Gilford deceased hath 
free liberty and full power granted to her by this Court to 
confirme certain parcells of land according to law to divers 
persons in the said town of Gilford by granting and signing 



1696.] • OF CONNECTICUT. 189 

formall conveyances of the same ; the said parcells of land 
being sold to the said persons by the said M^ John Leet in his 
life time, that is to say, one parcell of land to John Collins, 
miv, also one parcell to Will Stone, and one parcell to Bena- 
iah Stone ; and this Court doth declare that deeds of the said 
parcells of land to all and every the grantees before men- 
tioned, vnder the hand of the said relict, shall be lookt upon 
and adiudged to be legall and effectuall conveyances of all 
and every the said parcells of land to all and every the said 
grantees, to all intents and purposes in the law to hold the 
same lirme to them and their heirs forever. 

Majr James Fitch is by this Court confirmed Serj' Majf of 
the countie of Newlondon to which trust he was formerly ap- 
pointed and comissionated by the Govern^ and Councill. 

This Court orders (that by reason of the danger that the 
towns in this countie of Hartford may be exposed to in this 
time of warre by a gener^^ muster) that there shall be no gen" 
muster or trayning in this countie during ye present year. 

This Court grants the one lialfe of the countrey rate that 
shall be levied in Midletown this year to the inhabitants of the 
said town to be levied and expended forthwith for the promo- 
ting and further carrying on the work of building ye bridge 
over their ferry e river. 

Tliis Court grants power to Abigail Baldin of Gilford, widdow, 
the relict of Sam'i Baldin deceased, by deed to confirme cer- 
tain lands to John Bishop of the said town, that the said Sam^^ 
Baldin sold and exchanged to and with the said Jn° Bishop in 
his life time ; and conveyances signed by her shall bo effectuall 
to all intents and purposes in the law to confirme the said lands 
and all of them to the said John Bishop his heirs and assignes 
forever. 

This Court impowers Lieut. Colon" Allin with the rest of 
the Assistants resident in Hartford to call home the souldiers 
that are sent into the countie of Newhamshire when they shall 
see reason so to doe. 



190 PUBLIC RECORDS ^ [NoV. 

At a meeting of the Govern^ and Councill in Hartford, 

NOVEMB'' THE 9^ 1696* 

Members of the Oouncill: A letter from Colon" Benja" Fletcher 
Colon" Rob. Treat, Govern"", bearing date No. 2"^, 1696, was read in 
Nathan" Stanley Escf, Councill, wherein Govern"^ Fletcher de- 

Capt" Caleb Stanley, sired the Councill to send him 25 or 30 

. Capt° Jn" Hamlin, men to be divided among the three com- 

M"" Hen"" Woolcutt, panics upon the frontiers and to con- 

Lieu* James Treat, tinue there till the first of May next, 

Capf^ Cyprian Niccols, Colon" Fletcher inguaging to allow 

M" Jn° More, them for their service five pound a man 

Ensign Jn" Chester, levie money and the Kings pay and a 

M" Will. Pidkin, .groat a day which is added by the As- 

Eleaz"" Kimberly, Secrefy. sembly of the Province. 

The Councill apprehending them- 
selves obliged by the royall mandate to comply with the motion of 
Colon" Fletcher voted and granted that twentie five men should be 
forthwith prest and sent to Albanie or York to attend the Kings ser- 
vice there till the first of May next for y* defence of that place. Jon- 
athan Colefax was chosen by the Councill to be Serjeant of the com- 
pany to lead the twentie five men to Albanye. 

Ordered by the Councill that a horse should be prest for every two 
men to convey them to Albany. 

Voted in Councill and ordered that Books of Records of the coun- 
trey and writing that are of publick concernment should be taken in 
and kept at the house of M'" Nathan" jtanley till further order. 

A letter drawn to be sent to Colon" Benjamin Fletcher was read 
and approved in Councill. 

* One occasion for the meeting of members of the Council at this time was to attend 
the funeral of Col. John Allyn. This " gentleman of principal trust and dependence" 
departed this life on Friday the sixth da}' of November, 1696, " about eleven o'clock 
at night, without any long precedent sickness, his death being as is thought occa- 
sioned by a cold seizing upon his breast," writes Secretary Kimberly to Fitz John 
Winthrop. 

Mr. Allyn was nominated for the magistracy in 1661, elected the next year, and 
thereafter during his life, — was one of those named in the Charter, — was chosen Sec- 
retary in 1663, and every subsequent year until 1696, — was often a Commissioner of 
the United Colonies, — in the time of Sir Edmund Andros, was a member of the coun- 
cil, and judge of the court of common pleas in Hartford county. He held also several 
minor offices, as clerk of the courts, town-clerk, and clerk of the first ecclesiastical 
society in Hartford. During the latter portion of his life probably no individual in 
Connecticut possessed greater influence in the public affairs of the Colony than he. 

Col. Allyn married first, Nov. 19, 1651, Ann, daughter of Henry Smith, of Sjiring- 
field, granddaughter of William Pynchon, — by her he had six daughters, five of whom 
were living at their father's death. One of them was the second wife of Joseph Whi- 
ting, the Treasurer; another was the wife of William Whiting, Jlarshal of the Colony. 
Col. Allyn's second wife was Hannah, widow of Samuel Welles, of Wethersfield, and 
daughter of Capt. George Lamberton, of New Haven. She survived her husband. 
Col. Allyn left a handsome estate, but no will. His monument is still standing in the 
old burying ground in Hartford. 



1G96.] . OF CONNECTICUT. 191 

At a meeting of the Govern" and Councill in Hartford, 
Decemb^ n"S 1696. 

llemiers of the Council : Voted and ordered in Councill that a 
Colon'^ Rob. Treat, Govern"", letter be sent to our agent giving him 
Nathan" Stanley Escf, an account of what we have sent for his 

Capt° Caleb Stanley, supply, also what low condition the 

Capt" Cyprian Nickols, providence of God hath brought us into 

W Will. Pitkin, by the death of the Hon^'^ Colon" AUin, 

M' Hen'' Woolcutt, also a brief account of our charges to 

M' Jn*" More, Albanie for the defence of that {)lace, 

Lieu' James Treat, • and an account of the last expedition.* 

Ensign Jn" Chester, Voated that Captain Caleb Stanley be 

and y" Secretary. added to Maj"" James Fitch and the Sec- 

retary for revising the lawes, also that 
the Hon'''^ Deputy Govern"" be consulted withall and that his help be 
desired, what shall be adviseable and beneticiall in the revising the 
lawes, further that he obtein all the help and advice he can in order 
to the perfecting the worke, and comunicate it to the gentl™ aforesaid. 

Voted that there be allowed for the horses that went through to 
Albany Novemb"" last twelve shillings in cash p"^ horse, also for the 
horses that went to Wiantonock in August last, when Capl" Whiting 
went thither, five shillings p"" horse in cash for their hire thither. 

Inasmuch as his Excellency Govern"" Fletcher delivered to Lieu* 
Agar Tomlinson 25"^ cash for the defraying of charges in conducting 
the souldiers to Albany in the last expedition the Govern"" and Coun- 
cill order that the remainder of the money, which is eight or nine 
pounds, be equally divided between Lieu' Tomlinson and Seij' Jona- 
than Colefax. Further granted to Serj* Jonathan Colefex for his 
journey to Albany and pains together with his horse hire, 3"^ 5^ in cash 
out of the countrey rate. 



At a meeting of the Govern" and Councill held at Hart- 
ford, Jan. 19'", 1696. 
Memlers of the Councill: A letter from Newyork by order 
Colon" Rob. Treat, Govern"", from Govern"" Fletchei", bearing date 
Nathan" Stanley Esq., Decemb"" 30"\ 1696, signifiing his fears 
Capt"' Caleb Stanley, of the approach of the enemy and desire 
Maj"" Jonatha Sellick, of farther aid in case of an actuall inva- 
Capt"' Nathan Gold, sion was read in Councill. 

* They refer to Col. Fletcher's pressing importunity for aid from the Colony upon 
every flying report, and the small account he seems to make of the assistance which 
has from time to time been afforded him, as evidenced among other ways by the 
printed Journal of his expedition to Albany, Sept., 1696. Since 1688, the Colony of 
Connecticut had expended for the assistance of the neighboring colonies .£7759, 14, 9, 
whereof £5806, 11, were for Albany in particular. Foreign Correspondence II, 60. 
War, IK, 10. 



192 PUBLIC RECORDS [Jail. 

Lieu' James Treat, Thomas Merritt and Deliverance 

Ensign Jn° Ciiester, Brown in behalf of the town of Eie 

M"" Will. Pitkin, petitioned this Councill that a charter 

Eleaz"" Kimberly, Secrefy. might be granted to them for their lands 

by this corporation. Also Zechariah 
Roberts in behalfe of the town of Bedford petitioned this Councill, that 
the said town, might have a pattent for their land from this corpora- 
tion, and that they might \^ under the protection and goverment of this 
corporation. 

A letter drawn to be sent to Newyork was read and approved of 
in Councill. 

Voted and ordered in Councill that a letter be sent to our agent in 
England, to signifie to him that we meet with trouble concerning the 
bounds of our Colonic both from the Province of the Massachusetts 
Bay and from Newyorke, and to desire him to improve his interest 
for the defence of our just rights according to charter against any that 
shall uniustly complain against us, and that we may enioy peaceably 
all the lands comprehended in our charter without molestation on the 
east from the Province of the Massachusetts, and on the west accord- 
ing to the aggreement between the comissioners appointed by his 
Majestic, and comissioners appointed by the Colonic of Connecticutt, 
bearing date Noveml/ y® 30"', 1664, (a copie whereof should be sent 
to his honour) at least so farre as may be for the security of those 
townships as have been granted by this Colonic : and if his honour 
should return to this land that he would constitute some agent for us to 
defend our interest, according to our charter and the aggreement afore- 
said. The Assistants residing in Hartford, with the Secretary, are ap- 
pointed by the Councill to draw the letter, and to send it to his hon"^ in 
y^ name of the Govern'' and Councill. 

Thomas Merrick and Deliverance Brown in behalfe of the planta- 
tion of Rie, and Zechariah Roberts in behalfe of the plantation of Bed- 
ford, petitioning this Councill that the plantations of Bedford and Rie 
might be owned as included within, the charter of this Colonic, and 
enioy the protection and goverm* of the lawes of this corporation, the 
Councill considering that the said plantations are included within the 
charter granted by his royall Majestic Charles the second to this cor- 
poration, and also further confirmed to this territory by the settlem* of 
the dividing line between this Colonic and the Province of Newyork 
by the solemn act of comissioners for that end comissionated under the 
broad seal of England by his said Majestic, and assented to by comis- 
sioners appointed by this corporation, which settlment bears date 
Novemb"^ the 30"^, 1664, and was approved and rattified by his said 
Majestic as appears by his Majesties letters bearing date Aprill the 
10"*, 1666, and since the said settlement whereby the said dividing 
line was stated and this territory so farre extended westward as to in- 
clude the said plantations no act doth appear whereby the said planta- 
tions might be alienated from this territory and become part or parcell 
of the neighbouring Province, and the inhabitants of the said planta- 
tions claiming their right to and interest in the goverm' priviledges 
and protection of this corporation, and being willing to submitt there- 



1G9G-7.] . OF CONNECTICUT. 193 

unto: the Councill doe therefore see cause and judge themselves 
obliged to own the said plantations to belong to this territorj, and to 
recieve the inhabitants thereof under their govei'm', and doe hereby 
order that pattents shall be granted them for their respective town- 
ships,* and that they shall enioy all priviledges in coraon with other 
his Majesties subiects in this corporation, acknowledging themselves 
obliged to submitt to his Majesties wise and just determination in this 
matter appearing iu our charter and the settlement of the comissioners 
aforesaid. 

Capl° Will. "Whiting was chosen and appointed by the Councill to 
ruiie a line due north from the place where he took his last observation 
in Windzor bounds neer the house of Jn° Bissell deceased, and to rune 
the said due north line four miles and to sett up a marke at the four 
miles end, and from the north end of the said four miles to run east and 
wesr, and to sett up marks and to take such assistance with him as he 
shall iudge needful! for the work. And the Councill ordered that he 
should be paid for his pains and charge therein out of the countrey 
treasurie. 

Voted that the Treasurer should be allowed ten pounds in money 
for his travail from town to town to make up accounts with the consta- 
bles of the respective townes thi'oughout this Colonic. 

Maj'^ Jonathan Sellick is desired and appointed by the Councill to 
administer the constables oath to such persons as shall be chosen to 
the office of constable in the towns of Rie and Bedford. 



At a meeting of the Goverxour and Councill in Hart- 
ford, March the 6, 169f. 
Members of the Councill: A letter dated Feb' 18'\ 169f, sent 
Colon'' Rob. Treat, Cover"'', to our Hon'^'^ Govern'' by the reverent 
Maj'' James Fitch, elders in the Massachusett Bay, viz : the 

Nathan'^ Stanley Esq'", Reverend Increase Mather, James Allin, 

Capf Caleb Stanley, Sam" Torrey, Sam'' AViliard, Cotton 

Capf^ Jn° Hamlin, Mather, and Benja" Wadsworth, was 

Lieu* James Treat, read in Councill, manifesting that by 

Capt" Cyprian Nickols, reason of the losse of their crop causing 

Ensign Jn° Chester, great scarcity of grain in their said Col- 

M"^ W'ill. Pitkin, onie, there are a considerable number 

Eleazar Kimberly, Secrefy. especially in the northern parts whose 

wants render them fitt obiects of charity 
and compassion of those that are willing to deal their bread to the 
hungry, and moving for a charitable contribution from the good people 
of this Colonic for the relief of such as are or are likely in sliort time 
to be in distresse. The Governour and Councill having heard and 
considered their affecting lines, and bearing on their spirits a deep 

* The Patent of Rye is recorded in Col. Rec. of Deeds, Patents &c., II, 251 ; that 
of Bedford in the same volume, p. 264. 

25 



194 PUBLIC RECORDS [March, 

sence of their obligation to works of charity towards such of Gods 
people as stand in need, doe see canse to order that a brief be sent 
forth through this Colonic, and hereby doe recomend it to all the rev- 
erent elders to exhort and inconrage those that are under their minis- 
trie in their severall congregations to contribute according as God hath 
blest them such proportion of grain or other good provision or money, 
as may be a suitable relief to their christian friends and brethren in 
distresse. And it is desired that some meet pei'son in every congre- 
gation be appointed to collect or recieve the respective contributions of 
the good people, and to deliver the same to persons appointed by the 
Councill in each countie to ship the same aboard some vessell bound 
for Boston and to consign it to the worshipfull Capt° Sam^ Sewell there 
residing, to be distributed for the relief of the poor people beforemen- 
tioned, according to the discretion of the said Capt"^ Sewell and the 
s'' revei-ent elders. The persons appointed by the Governour and 
Councill in the severall counties to recieve, ship and consigne the con- 
tributions of the severall respective congregations as aforesaid ai'e, for 
the countie of Hartford, Capt" Caleb Stanley ; for the countie of New- 
haven, Maj"^ Moses Mansfield ; for the countie of Fairfield, Capt° Na- 
than Gold ; for the countie of Newlondon, Maj'' James Fitch.* 

Ordered that a day of fasting and prayer be solemnised throughout 
this Colonie on "VVedensday come seven night. 



At a meeting of the Govern"^ and Councill in Newhaven, 
March y« 24*S 1697. 

Memhers of the Councill: The Govern'" and Councill being 

Colon'^ Rob. Treat Gover"'', sensible of the great danger that this 
Will. Jones Esq''Dep. Gover'^'", Colonie is in, in this time of warre, by 
Capf" Dan" Witherell, reason of the scarcity of powder, de- 

Maj"" James Fitch, sired and aggreed with M"^ Thomas 

Maj"" Moses Mansfield, Trowbridge sen"" to procure for the 

Eleazar Kimberly, Secr*''^. Colonies use eight barrells of powder 

(if it can be obteined) and inguaged 
to him upon the creditt of this Colonie that what moneys he did dis- 
burse for the purchasing of such a quantity of powder or so much of it 
as he can procure for the use aforesaid, and also what cost he should be 
att for the transporting and delivery thereof to persons appointed to 
recieve it in behalfe of the Colonie with reasonable allowance for his 
trouble therein, should be well and truely paid to him to his reasonable 
satisfaction out of the publick Treasury, the Colonie to run the resigue 
of the powder from the place of its shipping till it is delivered to some 
persons appointed to recieve it in Newhaven aforesaid. 

The eight barrells of powder (if they can be procured) to be distrib- 
uted to the severall counties of this Colonie as followes, that is to say, 

* An account of the contribution of Connecticut disbursed by Capt. Sewall, 
amounting to £172 5, 1, with some of the vouchers are in War, III, 43-63. 



1697.] OF CONNECTICUT. 195 

two barrells to the countie of Hartford, two to the couniie of New- 
haven, 1 barrell and a halfe to FairJfield countie, two barrells and a 
half to Newlondon countie to be disposed as followeth, that is to say, 
one half barrell for the supply of the fort at Saybrook, and two barrell 
for the supply of the fort at Newlondon. 

The Govern"^ and Councill being informed that John Rogers and 
"Will. Right, who have been formerly by sentence of court committed 
to the keeper of the gaole in Hartford to be kept as close prisoners,* 
are permitted frequently to walke at liberty, declared their extreme 
dissatisfaction with the keeper of the said gaole, and with any in place 
of authority (if any such there be) that either have or now doe coun- 
tenance or connive at the gaole keeper in granting the said prisoners 
such liberty, and that it is their expectation that there be a speedy 
and effectuall reformation of such dangerous disorder, and that the 
said Rogers and Right be kept close prisoners, and no more suffered 
to goe at large as formerly untill they are dehvered according to lawe, 
and that the gaole keeper or any persons concerned, that shall contrary 
to lawe permitt or countenance the aforesaid unlawfuU liberty of the 
said prisoners, must expect that due testimonie will be born against 
them for so doinor according to lawe. 



At a meeting of the Govern'' and Councill in Hartford, 
Apr" 15*^ 1697. 
Members of the Councill: 
Colon" Rob* Treat, Govern^, A letter from Govern' Fletcher, bear- 
M' NatRan" Stanley, ing date Aprill the fift, 1697, was read 

Capf^ Caleb Stanley, in Councill, wherein was signified his 

Capt"^ Jn° Hamlin, discontent that the towns of Rie and 

Lieu' James Treat, Bedford were owned under this goverm*. 

M"" Hen"" Woolcutt, A letter drawn to send to Colon" 

M'' Jn° Chester, Fletcher was read and approved in 

M-^ Will. Pitkin, Councill. 

Eleazar Kimberly, Secref^. 



At a meeting of the Govern'' and Councill in Hartford^ 
Aprill t= 29^ 1697. 
Members of the Councill: Two letters from the Governour and 
Colon" Rob* Treat, Govern', Councill of Newyork, the one bearing 
M' Nathan" Stanley, date the 19*'', the other the 26 of this 

Capt° Caleb Stanley, instant, were read in Councill, as also a 

Lieu* James Ti-eat, proclamation sent forth by the Govern"" 

* John Rogers, Jr. for beicg suspiciously guilty of burning New London meeting- 
liouse and for being active in conveying Daniel Mathews, a condemned malefactor^ 
out of the colony ; William Wright, an Indian, for the rescue of Mathews, the abuse 
of Stouington meeting-house, and concealing information about the burning New 
London meeting-house. 



196 PUBLIC RECORDS [April, 

M'' Hen"' Woolcutt, of Newyork, against the inhabitants of 

M"" Jn° More, Rie and Bedford, wherein the Govern- 

M"' Jn° Chester, our and Councill of Newyork signifie 

Capf^ Cyprian Niccols, the continuance of their dissatisfaction 

M"" Will. Pitkin, at what was formerly acted by the Coun- 

Eleaz'' Kimberly, Secref^. cill in granting to the said towns the priv- 

iledges and protection of this goverm*. 

A letter drawn to send in answer to Colon" Fletcher was read and 
approved in Councill. 

Vpon the motion of the Hon^'^ Lieu' Govern'' Stoughton and inform- 
ation tliat the enemy Indians intended to scatter into small companies 
to doe mischief upon his Maje*'^**subiects, the Govern' and Councill also 
being moved by the Worshipf" Capt" Sam'^ Mason and the Reverent 
M"" James Noise, ordered a letter to be sent to Capt" Sam" Mason and 
M"^ James Noise desiring them to promote of raising twentie or thirtie 
men, English and Indians, furnished with armes, amunition and pro- 
vision, to range the woods between Nashua and Deerfield, and neer 
Mamerrimack River, and between Hadley and Marlburrough, as they 
shall judge best. And the Governour and Councill being informed 
that the enemy Indians intended to scatter and to sett upon the small 
townes upon the river that were secure, warrants were sent to the sev- 
erall constables of the towns in danger to see that due watch and wax'd 
be kept. 



At a Court of Election held at Hartford, May 13*'', 169T. 
The persons elected to their respective offices out of Miose in 
nomination in October, 1696, are, 

Colon^^ Robert Treat, Govern^. 

Will Jones Esq^^ Deputy Govern^. 

May Gen" Fitts John Winthrop, Assist^ 
Captn Andrew Leet, Assistant, 
Majr James Fitch, Assist t^, 
Capt" Samii Mason, Assist*, 
Capt" Danii Witherel, Assist*, 
Nathanii Stanley Esq"", Assist*, 
Capt" Caleb Stanley, Assist*, 
Majr Moses Mansfield, Assist*, 
Captn Jn° Hamlin, Assist*, 
Majr Jonathan Sellick, Assist*, 
Capt'i Nathan Gold, Assist*, 
M"^ Wili Pidkin,* Assist*, 

* Son of William Pitkia and now about thirty-three years of age, elected in the 
room of Lt. Col. John AUyn, deceased. 



1G97.] OP CONNECTICUT. 197 

Capti Joseph Whiting, Treasurer, 

Elcazar Kimberly, Secretary. 
[270] Deputies or Representatives : 

For Saybrook, M"" Jn" Whitlesey, M"" Nath^i Chapman. 
For Newlond", M'" Aiiclr. Lester, M"" Wiii Dowgias. 
For Glassenbry, M"" Samii Wells. 

For Norwich, Capt" Ben. Briiister, Ensign Richrt^ Bushnell. 
For Bedford, M"" Zechariah Roberts, M"" Jeremiah Andrus. 
For Rie, M^" Ymphrie Vnderhill, M"" Deliverance Brown. 
For Windzor, M"- Henf Woolcutt, M"- John More. 
For Norwalk, M^ Sam" Haise, M^ Mathew Marvin. 
For StanfrJ, M^ Samii Hoit, M-" Da\'id Waterbury. 
For Milford, M^ Thomas Clerk, M"- Sam" Newton. 
For Stratford, M-" xVmbros Thomson, M^ Ephraim Stiles. 
For Lime, Capt. Will Eelie, Ensign Joseph Peck. 
For Farmingto, Capt" Tho. Hart, Lieu* Jn" Jud. 
For Stonington, Serjt Jno Gallop. 
For Danbury, M"^ Tho. Taylor. 

For Fairfield, M"" John Wakeman,Lieut James Bennet. 
For Newhaven, M'' Jcrem. Osborn, M"" Jn^ Allin. 
For Branferd, M^ Will Malbie, Capt" Eleazar Stent. 
For Symsbury, Serj' Sam" Wilcockson. 
For Wallingf"', Capt^ Tho. Yale, Deacon Hall. 
For Killinsworth,: M^" Sam" Buell, Deacon Griswold. 
For Wethersfield, Capt^i Robert Wells, Ensign John Chester. 
For Greenwich, M"" John Hobble, M^ Tho. Close. 
For Gilford, M^ Josiah Rossitcr, 'M.'' John ElHott. 
For Hartford, Capt" Jona. Bull, M-" Will Pidkin. 
For Haddum, M-" Dan" Brainard. 
For Waterbury, Lieut. Tho. Jud, Serji^ Isaac Brunson. 
For Midletown, Capt" Nathan" White, M"" Sam" Stowe. 
For Preston, Ensign Jn^ Parkes. 
For Woodbury, Capt" Jn^ Minor. 

Ordered by this Court that the Deputies that attended to 
the end of this Gen" Assembly should recieve of the Treasurer 
8s. more then their standing salleries and that their salleries 
should be paid to y (for this Court) in currant money. 

This Court reflecting upon the lawe made in May last con- 



193 PUBLIC RECORDS [May, 

cerning raising ye yalluation of money, and finding the same 
upon fiirthcr consideration to be rather hurtfull then profita- 
ble to tlie inhabitants of tliis Colonie under their present cir- 
cumstances, doe see cause to repeal the said lawe, and hereby 
doe declare the same to be wholly repealed and made void ; 
always provided that vrhat contracts were made for money 
during the time the said law was in force are to stand good 
and to be fulfilled according to the true intent and meaning 
of the said contracts, the repealing of ye said law notwith- 
standing. 

This Court taking into their most serious consideration of 
what high importance it is for the glory of God, and the wel- 
fare of his Maje^'cs good subiects inhabiting in this Colonie, 
that a competent and certain maintenance for the ministers of 
the gospell which now are or hereafter shall be through the 
mercy of almighty God vouchsafed to dispence his holy word 
and ordinances in our severall plantations be duely stated and 
setled, and observing how much hindrance is many wayes 
given to the dispensation of gospel ordinances, and further 
like to grow in upon us if a timely remedy be not provided, 
have judged it their duty to order and appoint, and accord- 
ingly doe by the authority of this Court, enact, order and 
[280] appoint || that from and after the publication hereof, 
the severall towns and plantations in this Colonie shall re- 
spectively pay unto the respective ministers in the said towns, 
or plantations, for the time being who dispence the gospel in 
the said plantations, and are according to the good lawes of 
this Colonie settled or called to preach the word there, annu- 
ally the severall summes or payments, which are or shall be 
aggreed upon, by the severall townes, plantations, or societies, 
and the ministers in them ; which suihes or payments in each 
town or society shall be levied and assessed on the severall 
inhabitants in each town or plantation according to their 
respective estates as from time to time they shall be in the 
gen^' list or lists of the persons and estates of the inhabitants 
of each town or plantation, and in such species, viz: wheat, 
Indian corn, ric and pork, and in such proportion and prizes 
of ye species as shall from year to year be settled by the Gen" 



1G97.] OF CONNECTICUT. 199 

Court for the payment of the ministers rates, or in money ; 
which said siimes or payments shall be collected by such per- 
son or persons as the respective to\/nes shall from year to year 
choose and appoint for that end. And if any town or townes 
so concerned shall neglect to choose and appoint yearly such 
collector or collectors, it shall be the duty and in the power of 
the Assistants or Assistant in or next residing to the town or 
towns so neglecting to appoint and impower by his warrant 
such collector or collectors as they or hee shall see fitt. And 
if any person or persons so assessed being demanded the said 
payments levied on them shall refuse or neglect to pay in the 
same in time and place appointed by the said collector or col- 
lectors, then upon certificate thereof from the said collector or 
collectors to the next Assistant or Comissioner the said Assist* 
or Comissioner shall issue forth his warrant to the constable 
or constables of the town or to the collectors where such neg- 
lect of payments shall be, to distrein the same paiment or pai- 
ments out of the estate or estates of the person or persons so 
refusing or neglecting to pay, with such additions for the dis- 
treining and in such maner as shall be from time to time Ij^w- 
full to use in collecting the countrey rates and that no replevin 
shall be granted thereupon. Onely it is provided that if any 
person or persons shall be assessed more then their proportion, 
they shall have remedy by the court of that countie where it 
is upon prooff made thereof. 

[This law for tlie stating and collecting rates for the main- 
tenance of the ministry is to be duely observed and executed 
throughout this Colonic for the future, any former law, cus- 
tome or usage to the contrary notwithstanding.]* 

And it is further ordered by this Court and the authority 
thereof that if any of the towns of this Colonie, shall be in or 
for, any year or years, without a minister, preaching the gos- 
pell to them, such town or townes shall in the said year or 
years, notwithstanding pay the suines or payments as the 
Gen" Court shall appoint, as if there were a minister there, of 
which payment, or payments, the collector or collectors, re- 

* In th6 record and in the Stanley MS. this clause is crossed out. It is not found 
in the Windsor MS. 



200 PUBLIC EECORDS [May, 

spectively, shall make certificate to the next countie court, of 
that countie, where such collection shall be made, which said 
countie courts shall dispose and improve the said suines for 
the use of the ministry in that town where it is collected as 
soon as opportunity can be had for it, according to the discre- 
tion of the said court. 

The law made in May last prohibiting the transportation of 
wheat is by the authority of this Court repealed. 

Ordered by this Court and the authority thereof that for the 
future no petition shall be recieved in the Gen^ Assembly, ex- 
cept twentie shillings in cash be paid down for each petition, 
whereof three shillings shall be to the Secretary. _ 

Ordered and enacted by this Court that in all civill actions 
that come to the Court of Assistants by appeal from the countie 
courts there shall be liberty of review in the said court granted 
once and no more, and then the said action or actions to recieve 
a finall issue, and for the future no appeal to be admitted fro 
the judgment of the said Court of Assistants in such action or 
actions to the Generall Assembly, any former law, custome or 
us^ge to the contrary notwithstanding. Tliis law to be in force 
imediately from and after the publication thereof, excepting 
onely in such cases as are now depending. 
[281] The 3^ Wedensday in June next is by this Court ap- 
pointed to be a day of publick fasting throughout this Colonic. 

Resolved in this Gen'^ Assembly that no actions shall be 
recieved in court except the fees of the court be first paid 
down. 

This Court considering the misconstruction that some per- 
sons doe put upon that part of the law intitled Ministers Main- 
tenance, requiring all those that are taught in the word in the 
severall plantations and societies in this Colonic to meet to- 
gether annually to consider what may be a meet maintenance 
for the ministry of that society to which they belong, and to 
conclude the same, which some persons doe interpret to make 
void all contracts between ministers and people for the main- 
tenance of the ministry in the severall townes and societies in 
this Colonic, doe see cause to repeal and make void that part 



1697.] OF CONNECTICUT. 201 

of the said lawe, and doe hereby declare the same to be wholy 
repealed and made void. 

The Governour and Gen^^ Assembly in October last having 
appointed a comittee to revise the lawes of this Colonic and to 
consider what alterations, additions and emendations are 
necessary to render the lawes of this corporation more effect- 
nail to maintain and uphold righteonsnesse and promote the 
weal and prosperity of his Majet'es good subiects here; this 
Court desires the reveren' elders now resident in Hartford, 
the Reverent M'' Stow being desired to be with them to give 
advise to the persons chosen in that affair, and also to advise 
this Court in what manner they ought to bear testimony 
agains? the irregular actions of Jn" Eogers in printing and 
publishing a book reputed scandalous and hereticall. 

These following were chosen Coihissioners for the year en- 
suing : for Windzor, M^" Hen'" Woolcutt, M"" Jn^ More, and 
M"" Jn° Woolcutt ; for Wethersfield, Capt" Jn" Chester, Lieu* 
James Treat, Ensig. Jn" Chester ; for Midletown, Captn Na- 
than'i White; for Haddum, Capt" George Gates; for Farming- 
ton, Capt" J 11° Stanley and Capt" Thomas Hart ; for Water- 
bury, M"" Tho. Jud ; for Woodbury, Capti John Minor, and 
Lieut Israel Curtis ; for Stratford, Capt^ Wili Curtis, and M^ 
Joseph Curtis, and M"" Richard Blackleech ; for Fairfield vil- 
lage, Captain Mathew Sherwood ; for Fairfield, M^ Jn'' Wake- 
man ; for Norwalk, Capt" James Omstid ; for Stanford, Lieu* 
Jonathan Bell; for Greenwich, Lieu' Sam'i Peck; for Milford, 
Capt" Tho. Clerk ; for Danbury, Lieu' James Beebe ; for Bran- 
ford, M"- Will Malbie, Capt" Eleazar Stent; for WalHngford, 
M"" Jno Mosse, and Capt" Tho. Yale ; for Killinworth, Lieu* 
Henr Crane; for Saybrook, M"" Nathan^ Line, and M"" Will 
Dudley ; for Lyme, M"- Mathew Griswold, M"- Will. Eelie ; for 
Newlondon, M'' Richard Christophers ; for Preston, and also 
for Norwich, Capt. Benj" Bruister; for Windham, M'' Joshua 
Riplie ; for Derbie, Captii Ebenezer Johnson. 

The Assistants in the severall counties are desired and ap- 
pointed by this Court to take speedy and effectuall care that 
the persons chosen to be Coihissioners for the year ensuing be 
sworn to a faithfull discharge of that trust. 
26 



202 PUBLIC RECORDS [May, 

Captn Jiio Minor, M"" Park, M"^ Douglas and 'M^ Gallop, 
were appointed to treat some Pequit Indians that were come 
to make application to this Court, and to indevour a right 
imderstanding of their businesse and to make return. 

This Court being informed by the said gentlemen of some 
differences arising between the said Pequitts concerning their 
rights in certain lands in the township of Newlondon, to putt 
an issue thereunto doe order, that the old councellors of Ket- 
shawmucquin shall peaceably enioy their improvements within 
the township of Newlondon, and Kitshawmaquin shall peacea- 
bly inioy the lands and rites that Dan^^ left him by his will. 
And these councellors are not to act any thing as to gover- 
ment within the bounds of New London. 

In reference to the Nahanticks it was consented to in Court 
that Musquashuck is the apparent Sachim of Nahantick being 
the reputed soiie of Musquatt. 

This Court grants full power to Sam^ Walker of Wethers- 
field and Abigail his wife, the late wife of John Crane of the 
said town deceased, with the advice of the overseers of the 
estate of the said John Crane to make sale of some part of the 
said estate for payment of debts due therefrom as necessity 
shall require. 

This Court grants to Isaac Hall of Fairfield one hundred 
and fiftie ac^ of land to be taken up where it may not preiu- 
dice any former grant to any town or particular person.* . 

This Court grants to Majf Jonathan Sellick, Capt" Dan'^ 
Witherell and Capt" Andrew Leet to each of them two hun- 
dred acrs of land where it may be taken up so as not to pre- 
iudice any former grant, to any township or particular person. 

This Court approved of the act of the Governour and Coun- 
cill in sending twentie five men the winter past to the garrison 
at Albanie to assist in the defence of that post, and ordered 
that Jonathan Colefax should be allowed reasonable satisfac- 
tion for his service in that expedition. 

Serjt Thomas Bunce is by this Court established Ensign of 

* His petition is in War, in, 30. He had served as surgeon among the soldiers and 
had lost one of his sons in the service. He asks liberty to purchase 250 acres of land 
of the natives in the bounds of this colony, and that his accounts may be perused. 



1697.] OF CONNECTICUT. 203 

the train band at Hartford, and to be comissionated accord- 
inglj. Comissionated. 

Ensign Sam^ Pond is by this Court established Lieu^ of the 
train band in the town of Branford, and Serj' Tho. Harrison 
to be their Ensign, and both to be commissionated accordingly. 
Comissionated. 

This Court grants full power to Marie Frisbie, alias Marie 
Darbie late wife of Jonathan Frisbie of Branford deceased, to 
confirme an exchange of sixe or seven ac^ of land made be- 
tween the Beverent Mj Sam^' Bussell and s^^ Jonathan Frisbie 
[282] and interchange |1 possessed by them in the life time of 
the said Jonathan. 

M"" John Wakeman is by this Court confirmed Lieu^ of the 
train band at Fairfield. Ordered that he be comissionated 
accordingly. Comissionated. 

Ordered by this Court that the souldiers inhabiting within 
the bounds of Stratford on the west side of Pequonack River 
and those inhabiting within the bounds of Fairfield village 
westward be united together and exercised in one band and 
company, and Lieu*^ John Beersley to be their Lieu"^ and Ensign 
Isaac Wheeler to be their Ensign and to be coinissionated re- 
spectively. 

Ensign James Judson is by this Court confirmed Lieu^ of 
the train band at Stratford, Serj* Thomas Knowles to be their 
Ensign, and to be comissionated respectively. These are 
comissionated. 

Sam^ Willis Esq"", M'' Timothie Woodbridge, M^ John Hains, 
Mr Roger Hooker, Capt. Jonathan Bull, Thomas Wadsworth, 
with others of the inhabitants of Hartford having land on the 
east side of the great river at the place comonly called Hoc- 
canu, being proprietors of the land there lying in the meddow, 
petitioned this Court that an aggreement of the proprietors of 
the said lands for the removing of the comon fence erected for 
the inclosure of their meddow lands there, from the bank 
adioining to the meddow where it was formerly made, to the 
highway, unto which aggreement all the persons concernei^ 
and present did aggree except one, pursuant whereunto per- 
sons appointed had divided and staked out to every one their 



204 PUBLIC EECORDS [May, 

severall portions of fence to their generall satisfaction, might 
be confirmed : this Court having considered the matter with 
the return of a comittee sent to view the fence and ground, 
and being satisfied that it might be for the gen^' good of the 
proprietors doe hereby rattifie the said aggreement and doe 
require all the proprietors to submitt to and attend the same, 
except he tliat liveth on the school land, who is at his liberty 
to ioyn with his neighbours in fencing in comon or may fence 
that farme in particular. 

Colonel Hutchinson and Capt" Nathan^' Byfield, messengers 
from the Lieut^ Governour and Councill of his Maje^'es Prov- 
ince of Massachusetts, made their application to this Assembly 
by memoriall in the name of the said Lieu^ Govern'' and Coun- 
cill, for the raising a suitable number of effective men well 
equipt to joyn the forces of the said Province, to promote a 
design of visiting the comon enemy at their head quarters and 
to send provisions to Boston for their supply. Capt" Sam'^ 
Mason, Capt" Jn^ Hamlin, and M"^ Jn^ Elliott were chosen 
and appointed by this Assembly to treat with the said gentle- 
men. 

In answer to the proposalls of Hon'"*' Colon^ Hutchinson 
and Capt" Byfield, respecting the prosecution of the warre 
against the comon enemy, this Court not finding themselves 
able to raise an armie sufficient to attack the enemy at their 
head quarters without more aid from their neighbours then can 
be obteined, doe therefore conclude to proceed at present in 
mannagement of the warre as they have began, by sending 
sixtie foui;,men, English and Indians, to range the woods neer 
the walk of the enemy and upon the return of those that are 
sent out to reenforce them by adding to their number accord- 
ing as the providence of God shall direct and enable them, 
expecting that those that from time to time be sent forth, 
when they shall in going forth or returning come into any of 
the frontiere townes of the Massachusetts Province they shall 
be by that Province be relieved with armes, aiTiunition and 
provision as they shall stand in need. 

A letter drawn in answer to the motion of the Lieu' Gov- 
ernour and Councill of the Massachusetts was read in this 
Court and ordered to be .sent to Boston to them. 



1697.] OP CONNECTICUT. 205 

This Court did by their vote declare their approbation of 
the act of the Councill Jan. the 19*^^, 1696, in undertaking 
the protection of the townes of Rie and Bedford as members 
of this corporation, and appointed John Horton Lieu' for the 
town of Rie, and John Lyon to be their Ensign, and Dan^^ 
Symkins to be Ensign for the town of Bedford. 

M'' Will Eelie was chosen and appointed by tliis Court to be 
Captain of the train band in Lyme : ordered that he be comis- 
sionated accordingly. Comissionated. 

This Couri- grants full power to the Governour and Coun- 
cill to raise men and to send them forth against the coinon 
enemy or for the assistance of the neighbour Provinces or Col- 
onies as need shall require, and this act to continue untill the 
next sessions of the Gen^^ Court. The Councill to meet and 
consider what is requisite to the prudent managem* of that 
affair, at such time and place as the Governour in his discre- 
tion shall appoint. If it shall happen that there shall not be 
Assistants enough neer hand to make a Councill, the Governor 
may make up the full number either out of the Coihissioners 
or Deputies of the Gen"*'Assembly that live more convenient. 
The Secretary to be one of the Councill. The Councill to con- 
sist of seven in number. 

Granted by this Court that the bounds of Bedford shall be 
sixe miles north in length from the north end of Stanford, and 
sixe miles in breadth, that is to say, three miles east and three 
miles west from the center of the town, 6 miles square in the 
whole. 

Nathan^ Burre junr of Fairfield as atturney for Dan^ Burre 
and Dan'^ Lockwood and Abigail his wife children of Dan" 
Burre, late of Fairfield deceased, petitioned this Court to grant 
him liberty to contest a certain will made or pretended to be 
made by the said Dan" Burre deceased, and formerly approved 
in the Court of Assistants, the saict will not appearing this 
Court referred the matter to a hearing in October next. 

Zechariah Baldwin of Milford petitioned this Court to take 
into consideration a controversie depending between him and 
M"" RosAvel of Newhaven, in which M"" Richard Roswell re- 
covered judgm<^ against the said Baldwin at the Court of 



206 PUBLIC RECORDS [May, 

[283] II Assistants held at Hartford Octobr, 1696, and to 
grant a supersedeas to the execution of the said judgment, 
and to order execution to be granted against said M'' Roswell 
upon a iudgment obteined against him at the countie court in 
Newhaven June, 1695. This Court grants him a supersedeas 
to s^ execution, and the cost of this court. Cost allowed at 
1?. 08s. OOd. 

Abraham Hasseltine of Bradford in the countie of Essex in 
Newengland appeared in Court and by authority derived by let- 
ter of atturney from Thomas Dawson of Morley in the countie 
of Yorke in the kingdome of England, claimed certain hous- 
ing and land in Windzor formerly belonging to Thomas Nowell 
of "Windzor deceased, and by him given and bequeathed by 
his last will and testament to his then wife for and during her 
naturall life, and after her decease to Cristopher Nowell 
Sonne of Edward Nowell of Wakefield, in the said countie, to 
him and liis heirs forever, and by the said Cristopher Nowell 
bequeathed to Rebecca Greathead of y'' said Morley, and by 
Thomas Shipton and the said Rebecca his then wife, assigned 
to the said Tliomas Dawson for the terme of one thousand 
years. The said Abraham Hasseltine exhibiting legall evi- 
dences in Court of all the said conveyances of the said housing 
and lands, and petitioned this Court for their approbation of 
an aggreement made between him the said Hasseltine and Jn" 
Wilson and Samuel Wilson, administrators to the said estate 
of the said Thomas Nowel, for resignation of their adminis- 
tration and yielding the said estate (with this Courts appro- 
bation) to the said Abraham Hasseltine. This Court having 
considered the evidences of the said Dawsons right to the said 
estate, and the said Hasseltons right to recieve and dispose of 
the same appearing by a letter of atturney under the hand of 
the said Dawson lawfully attested, as also having considered 
a writing given in by the said John Wilson and Sam^^ Wilson 
declaring their willingnesse to yield iip their said administra- 
tion, doe see cause to approve of the said agreement and that 
the said Abraham Hasseltine should take, recieve and dispose 
of the said estate of housing and lands as atturney for the said 
Thomas Dawson. 



1697.] OP CONNECTICUT. 207 

•Sam" Haise in behalfe of the town of Norwalk petitioned 
this Court that a comittee might be appointed to settle the 
line between the bounds of Fairfield and Norwalke, and that 
the said town of Norwalke might have their purchased lands 
confirmed to them as to the propertie of the land, though the 
duties rising therefrom be ordered to Fairfield, and that a fine 
imposed by Fairfield countie court might be remitted. This 
Court grants a further hearing of their petition at October 
Court next ensuing 

Vpon the petition of Ensign Cheenie, this Court did declare 
that their true intent in granting the one halfe of the countrey 
rate to the town of Midletown for the carrying on of the worke 
of the bridge over the ferry river, was that the said one halfe 
of the said rate should be delivered to M'' Francis Whitmore 
for his incouragement and to be improved by him for the fur- 
ther carrying on the said worke, for the publick use ; and this 
Court doth hereby impower the s'' Francis Whitmore to aske, 
sue for, require, recover and recieve the same of the constable 
or constables of the said town, or other officers that have any 
part thereof, or ought to collect the same. 

A letter drawn by the Secretary to send to Colon^ Fletcher 
was read and approved of in this Gen^^ Assembly. 

This Court gives full power to Capt" Sam^^ Mason to take 
up upon the creditt of this Colonic what is or shall be needfull 
and may be obteined for the supply of the English and Indians 
that are gone out after the enemy, for the furnishing them 
with armes and amunition or provision or payment of wages, 
or for the supply of any other that shall be sent out from time 
to time untill the next sessions of the Gen" Assembly. 

Ypon the petition of Joseph Migate that this Court would 
grant him liberty with the consent of the natives to take up so 
much of the countrey land, as by a iust computation may an- 
swer what is due to him from Quailepue a Farmington Indian 
for money expended in managing a case in law for him which 
he affirmes to amount to about fifteen pounds, this Court 
grants him the said Joseph Migate liberty to take up two hun- 
dred ac's of land, provided he take it' up where it may not 
preiudice any former grant. 



208 PUBLIC EECORDs [May, 

The comittee desired and appointed by the Gen^^ Assembly 
in October last, viz: M"" John Hamlin, Mi" Will Pidkin, and 
Capt" Wili Whiting, to meet at Norwich or Lebanon as soon 
as they could, and to indevour to settle a good composure of 
a controversie depending in Court between M"" Will Bruister 
(or Owaneco in whose right M^ Bruster claimes certain lands 
in Lebanon) and Abimelech, and to make return, appeared 
in this Court, and it being evident that the parties were not 
aggreed, the plaintiff went forward with his appeal from the 
judgmt of the Court of Assistants, according to liberty formerly 
granted to him. The action depending between the said par- 
ties is thus entred in the records of the Court : Abimelech, 
Sonne of Joshua and granson of Yncas sachim of Mohegin, 
plaintiff contr M"" Will Bruister defend', in an action of the 
case for yoiir illegall entring upon and improving certain 
lands being part of a tract of land given to him the said 
Abimelech by the last will of Joshua his father, at or neer a 
place called Lebanon, adioyning or neer to a jjarcell of land 
given to Capt° Jn^ Mason, joyns to Norwich bounds, to a sur- 
rendry of the said land or quitting your said entrie and im- 
provem* : in this action the jury at the Court of Assistance 
find as followeth, that is to say, if Joshuas will be a legall 
[284] conveyance and the land in controversy || be within 
that tract of land mentioned in the said will, then we find for 
the plaintiff the surrendry of the land in controversie and costs 
of courts ; if not, then we find for the defend'^ cost of court ; 
this court doth judge Joshuas will to be a legall conveyance, 
and that the land in controversie is within that tract of land 
mentioned in the will, and therefore doe find for the plaintiff 
the surrendry of the land in controversie and costs of courts: 
from this judgment this plaint^^ now brings his appeal. This 
Court having considered the pleas and allegations of both par- 
ties find for the plaintiff cost of court. Costs allowed at 21. 
08.S. OOd. Cost paid in court. 

This Court doth declare that in this action they have not 
determined the title of the land in controversie. 

The people inhabiting on the east side of the great river in 
Windzor bounds petitioned this Court that they might be 



llilh.] OP CONNECTICUT. 209 

excused from the paym' of the one halfe of their countrey 
rate, which was granted to them to fullfill a former grant of 
this Court to them May im, 1695. 

Tliis Court did also order that the souldiers there inhabiting 
should unite together in one body and be there exercised under 
the comand of a leader of their own election. 

Ordered by this Court that the souldiers in AVethersfield 
should be so equally divided tliat the trainbands may be 
reduced to an equality in number as neer as may l)e. 

Vpon the motion of Sam'^ Haise sen"", John Beldin, Jn^ 
Whitnie, Ralph Keeler, Jachin Gegorie, Jn" Nash, Sam" 
Keeler, William Lees, Zerubbabel Hayt, Will Hains, to pur- 
chase of the Indians a certain tract of land lying about four- 
teen miles northward of the town of Norwalk to settle a plan- 
tation there, tliis Court made choice of Mathew Marvin, M"" 
Jolm Wakeman and David Waterburj^, to be a cofnittee to 
view the said land and to informe them whether there be 
accomodation sufiicient for a body of people to settle upon in 
a plantation way. 

This Court gives full power to the Treasurer upon the 
creditt of this Colonic to borrow one hundred and thirtie 
pounds in currant money of Boston, and to convey and deliver 
it to the Lieu'^ Governour William Stoughton Esq"^, to satisfie 
a bill for the same sume charged upon this Colonic by our 
agent in England. 

This Court grants liberty and authority to Elizabeth Mitchel 
late wife of Jolm Mitchell of Hartford deceased, witli the con- 
sent of M"" Thomas Olcott sen"", of the said town, to make sale 
of some part of the housing and lands belonging to the estate 
of her said deceased husband, so farre as necessity shall re- 
quire for the paymt^ of debts due from the said estate, an 
account whereof is loft upon file amounting to the suine of 
221. 02s. OOd. 

Capt'i Nathan Gold, M-" Wili Pidkin, M'" Jn" Elhot, and M-" 
John Whittlsey, are appointed by this Court to be a comittec 
to consider the printed law concerning ministers maintenance 
and also such lawes as are drawn up (by the committee chosen 

27 



210 PUBLIC RECORDS [May, 

to revise the laws) respecting ministers maintenance, and to 
advise what is necessary to be done in that matter. 

Lieu' Averie and M"" Burrows appeared in Court to prose- 
cute their application to this Court in the behalfe of the inhab- 
itants of Newlondon living on the east side of the river, that 
this Court would grant them liberty to imbody in a ch, way 
and to call a minister &c. This Court having considered their 
circumstances doe not see cause to grant their desire, there 
not being clear evidence of a good aggreemt among them, nor 
of their ability to afford a minister honourable maintenance, 

M"" Jonathan Rogers being sumoned to appear at this Court 
to answer the complaint of his brother Joseph, charging him 
with procuring and improving false and forged evidences to the 
procuring of an award against him to his damage before Hon''*^ 
Colon" Treat, Colon" Jn" Allin, and M"- Nathan" Stanley, 
though this Court doth not see ground to charge said Jona- 
than Rogers with forgerie, yet there hath been some things since 
discovered in reference to the testimonies yt the said award 
was grounded upon tliat this Court doth see cause, and doth 
release the administratrix of the estate of the said Joseph 
Rogers and the heirs of the estate of the said Joseph from the 
obligation of the arbitration bond, and give free liberty to the 
administratrix of the apellant to goe forward with the appeal 
in the said action at this Court : the defend' pleading that he 
hath not had legall warning to answer the appellant at this 
present sessions, this Court adiourns the prosecution of this 
[285] appeal to the next sessions of y^ || Court in October 
next, and the defend' then to appear to answer the action 
depending the appellants giving sufficient bond to prosecute 
the appeal at the said Court, and to answer all damages if she 
make not her plea good. M^s Sarah Rogers administratrix to 
the estate of the deceased and relict of the plaintiff, doth ac- 
knowledge herselfe bound in a recognisance of twenty pounds 
to the publick Treasurie of this Colonic to prosecute this ap- 
peal and answer all damages if she make not her plea good. 

Mr Richrd Edwards as atturney for M"" Simon Stoddar 
of Boston, merchant, plaintiff, cont"" Maj"" James Fitch, by 



1697.] . OP CONNECTICUT. 211 

way of appeal from the iudgnit of the Court of Assistants held 
at Hartford, May 10"', 1G97, in an action of the case thus 
entred: M"" Simon Stoddar of Boston, merch', plaintiff, conf 
Majr James Fitch of Norwich, defend*, in an action of the case 
for your uniustly defeating the said Stodder in tendring or 
presenting to the Marshal, Capt" William Whiting, certain 
parcells of land to satisfie a iudgment of the countie court held 
at Hartford, Septembf 6, 1694, obteined by Richard Edwards 
of Hartford aforesaid, atturney to the said Stodder, the judgm^ 
of the said court being for 391Z. 17s. OOd. and costs of court 
twentie three shillings, to which land tendred by you as afore- 
said you had no good and clear title, by which means the plain- 
tiff is damified four hundred and eighty pounds ; in this action 
the Court of Assistants find for the defend^ costs of courts ; 
from this judgm* this plaintiff now appeals. In this action 
this Court find for the defendant cost of court. Costs allowed 
at four pounds seven shillings cash. 

M"" Sam" Buell of Killinsworth in behalf of severall of the 
inhabitants of the said town prosecuted a petition exhibited in 
October last by Jn^ Kelsie, Will Barber, Will Stephens, Rob- 
ert Lane, Peter Farnam, in behalfe of some of the proprietors 
of the said town that this Court would order that a sluice and 
cart bridge should be built upon the river called the Hamock 
River, at the charge of such persons that might recieve benefit 
thereby being proprietors of lands in the said town, in propor- 
tion to the benefitt that might accrue to them by the bettering 
their lands thereby. This Court considering that the worke 
may be of comon benefitt to those whose lands are upon the 
said river, doe grant their petition, and doe order that the 
worke be carried on by the consent of the maj'' part of the said 
proprietors, and that all the persons that may according to the 
judgment of intelligent men in such workes be benefitted 
thereljy, shall bear an equall proportion of the charge, accord- 
ing to their respective quantities of land that may be advan- 
taged and bettered, to be determined and stated by the select 
men of the said town of Killinsworth or the m^y part of them 
in case the parties concerned caiiot aggree. 



212 puuLio REc;oRDs [Maj^ 

Lieu^ Matliew Allhi appeared in Court and prosecuted his 
petition exhibited in Court October last, wherein he declared 
his dissatisfaction with the distribution of the estate of his 
father Thomas Allin made by the countie court, with what was 
done therein at the Court of Assistants in October last, and 
craved relief of this Court ; the ground of his dissatisfaction 
being because it was not plainly determined in what s})ecie the 
hundred pounds given him by his father to be paid to him at 
his decease should be paid in, whether in land or countrey 
pay. This Court doth order that the said one hundred pounds 
shall be paid to him in land indifferently divided and laid out 
to him according to inventory prizes. M"" Will Fidkin and 
M"" Jn° Chester are appointed to make the distribution thereof 
to him, and they two to choose a third man if they canot 
aggree. 

John Avery appointed Captain of the trainband at New- 
london on the east side of the river and Nehemiah Smith to 
be their Ensign and to be comissionated accordingly. TJiese 
are comm issiona ted. 

Liberty is granted by this Court to any one of the inhabit- 
ants of Midletown to purchase of the Indians there inhabiting, 
claiming propriety of land hi Wongunck meddowe, aUout one 
acre of grasse land in the said meddowe. 

Voted and granted in Court that M"" Dan" Shilton should 
be paid what is due to him from the countrey in such maner 
as other countrey debts are now by law to be paid, that is to 
say, two thirds money to satisfie the whole sume of what is 
now due to him in pay. 

Captain Jonathan Bull is chosen Serjeant Majc for the 
countie of Hartford and to be comissionated accordingly. 
Maj"" Bull took the serj' maj'" oath in Court, and hath his serj' 
majrs comission. The serf maj'' oomission is given to Maj'' 
Jonaih. Bull. 

These are appointed by this Court auditors of the countrey 
accounts, for Newlondon, Capt'^ Dan^^ Witherell ; for Hartford, 
Ensign Jn^ Chester ; for Newhaven, M"" Jeremiah Osborn ; for 
Fairfield, M'' Joseph Curtis. If any one of the said auditors 



1097.] OP CON X EOT I OUT. 2115 

fail,, then M'" Will Piclkiii is by this Court chosen to supply his 
place. 

Majr James Fitch and Capt" Dani^ Witherell are appointed 
by this Court to take upon them the charge of repairing the 
fort at Say brook upon the cost of this Colonic. 

Richard Seemer of Farmington plaintiff, cont'' Thomas 
Hancox of Hartford defend', in an action of the ciase Ijy way 
of appeal from the iudgment of the Court of Assistants held in 
Hartford May the tenth, 1097, whicli action and judgment is 
thus entred in the records of the said court, vid., Thomas 
Hancox plaintiff, Richf'^ Seemer defend^ in an action of the 
case for that you doe, or have uniitstly possessed, and improved 
a certain parcell of land conteining by estimation two acres 
more or lesse, which the said Hancox bought of Lieu' John 
Stanley of Farmington, as abutted and bounded by the deed, 
the land lying or situate at or neer the great swamp within the 
township of Farmington aforesaid, and that you doe or have 
unrighteously deteined or witheld the said two acres of land 
from him the said Thomas Hancox when lawfully demanded, 
to a surrendry of the said two acs of land to the quiet possess- 
[280] sion of him the said Hancox, with iust || damages : in 
this action the jury then find for this defend* the land in con- 
troversie and cost of courts : the Court accepting the verdict, 
this plaintiff appeals to this Court. In this action this Court 
find for the defend ' the land in controversie and costs of 
courts, always provided that he allow to the plaintiff reasona- 
ble satisfaction for his labour and cost bestowed upon the said 
land to the benefitt of the defend' according to the judgm' of 
indifferent men. Maj"* Jonathan Bull, Ensign Jno Chester 
and Ensign Thomas Bunco are appointed by this Court to 
valine the labour bestowed upon the said land. 

M"" Jn° More and M'" Joseph Migate are appointed by this 
Court to lay out to the heirs of M"" Stephen Hart of Farming- 
ton deceased, a tract of land formerly given to him by this 
Genii Assembly, according to his grant, consisting of one hun- 
dred and fiftie acres. 

M"" Josiah Rossiter and Lieu' Stephen Bradley are appointed 
))y this Court to lay out to Capt" Andrew Leet the two bun- 



214 PUBLIC RECORDS [May, 

dred ac" of land granted to him by this Court. The same 
genthnen are also appointed by this Court to lay out to any 
gentlmen in Gilford what lands are granted to them that are 
not yet laid out to them, according to their respective grants. 

Elizabeth Terry widdow petitioned this Court that they 
would ease her of the great burthen of fence that is laid upon 
her husbands lands at Symsbury ; also Jonas Westover, Thomas 
Barber sen% Jn" Slater sen"", Peter Buel, Robert Hoskin, Jn" 
Hill, petitioned this Court for abatement of coinon fence laid 
upon them by a comittee appointed by the Gen^^ Court in the 
said town of Symsbury. This Court having considered the 
pleas of the said petitioners, doe not see cause to release any 
of the inhabitants of Symsbury from the former settlm^ of 
their coiTion fence by the said comittee. This Court also im- 
posed a fine of fortie shillings upon Jn° Vmphrie of the said 
town of Symsbury for breaking down some part of the coiTion 
fence, halfe thereof to be to the s^ M^^ Elizabeth Terry and 
the other halfe to the fence-viejvers of the s*^ town. 

M""^ Marie Butler widdow and relict of M'' John Butler late 
of Stratford deceased, petitioned this Court to grant her full 
power and authority to make sale of certain lands left by her 
deceased husband for the payment of his iust debts, there not 
being moveable estate sufficient to respond the debts due from 
her said husbands estate. This Court having considered the 
matter doe see cause to grant to the said M""* Marie Butler her 
petition, and doe hereby grant to her full power and authority 
with the advice of M"" Richard Blackleech and M'" Joseph Cur- 
tis, both of Stratford, to make sale of so much of tlie lands 
belonging to the estate of her s^^ deceased husband as shall by 
the 8*^ Richard Blackleech and Joseph Curtis be judged need- 
full for the payment of his just debts, hereby rattifing and 
confirming conveyances thereof under the hand and seal of 
the said Marie Butler to be as firme and authentick to all 
intents and purposes, according to the true intent and mean- 
ing thereof as if made and confirmed by the said John Butler 
in his life time. 

Majr James Eitch, Capt" Nathan Gold, M"- Jn^ Eliott and 
the Secretary are chosen and appointed by this Court to goe 



1697.] OP CONNECTICUT. 215 

forward with the worke of revising the lawes and to advise 
what addition may be requisite to render onr lawes more 
effectual to promote the welfare of his Maj^'^s good subiects 
in this corporation. 

This Court being willing to compose the differences between 
Owaneco and Abimelech concerning the bounds of lands 
claimed by them at or neer the place coraonly called Lebanon, 
doe make choice of Maj^ Jonathan Bull, Capt" John Hamlin, 
Capt'i William Whiting, M^' WiUiam Pidkin, M"- John Chester, 
and M'' John Elliot, to be a comittee, who are by this Court 
desired and appointed to goe to the said place of Lebanon or 
to any other place they shall thinke most convenient, and 
there by all lawfull ways and means to indevour an accomoda- 
tion or friendly and peaceable composure of the said differences 
now depending between them, which if they cannot obtein by 
perswasions, they or the major part of them are hereby im- 
powered by the authority of this Court to putt a full and finall 
issue thereunto according to the rules of righteousnesse and 
equity, and to make return of what they shall effect in this 
affair to the Gen'^ Assembly in October next; and the said 
comittee are appointed by all lawfull and peaceable ways and 
means to indevour the incouragement and accomodation of 
the English inhabitants at Lebanon that they may goe forward 
with their plantation and improvements there. 

Sam'^ Willard is appointed by this Court Lieu*^ of the fort at 
Saybrook, and to be comissionated. Cotnissionated. 

It was voted and granted by this Court that Capt" Thomas 
Yale of Wallingford should have liberty to renew his former 
suit in which he was atturney for Doctor John Hull in a coii- 
troversie between Isaac Curtis and the s^ John Hull about a 
[287] piece || of meddow at a place called Dogs Misery in the 
said town of Wallingford, notwithstanding any former act of 
the Gen^* Court. Giving the said Curtis sufficient notice 
thereof. 

In answer to Woodstock petition it was voted and concluded 
to be left to the Governour and Councill to order and deter- 
mine what shall be done in that matter. 

The widdow of Jn 'J Marshall late of Wethersfield and ad- 



216 PUBLIC RECORDS [May, 

ministratrix to his estate hath full power granted to her Math 
the advice and consent of Ensign John Wiatt and Ensign John 
Stedman of the said town, to make sale of so much of the 
lands belonging to the estate of the said John Marshall as is 
needfull for the payment of the debts due from his estate. 

M" Allin being unsatisfied with the distribution of the 
estate of her husband Colon'^ Allin deceased, made application 
to this Court for relief. 

M" Allin being unsatisfied with the distribution of the estate 
of her husband Colon" Allin deceased, made her application to 
this Court for relief. This Court orders that M^^ Allin shall 
have tlie great bible given to her by M'' Woodbridge in the 
life time of the Colon^^ and ten shillings in money to be paid 
to her by the legatees of the said estate. 



At a meeting of the Govern'' and Councill in Hartford, 
June the 5*, 1697. 

Members of the Councill: A copie of a letter from his Maje'"^ to 

Colon" llob* Ti'eat, Govern'^, Will. Stoughton Esq'', Lieu* Govern'' and 
Nath" Stanley Esq'', Comander in Chief of the Province of 

Capf^ Caleb Stanley, the Massachusetts Bay, dated March the 

Maj'' Jona. Bull, 18'^ 169|, was read in Councill, giving 

Capt" Rob' Wells, an account of his Maje''^^ sending a fleet 

Ensign Jn" Chester, for the recovery of the island of New- 

M'' Will. Pitkin, foundland and the re-establishment of 

M'Jn^More, his Maj'"^^ subiects in their trade and 

Eleaz"" Kimberly, Secret'"'^. fisherie, and manifesting his expectation 

that his subiects in Newengland being 
neerly concerned in that design, should give all the assistance in their 
power towards the carrying on of that expedition, and that such ships 
and land forces as might be spared with safety might be sent to joyn 
with his Maj*'^^ forces, and also provisions and refreshm'^ for his 
armies. 

Also a letter fi'om Lieu' Govern"^ Stoughton and his Councill signi- 
fying their desire of 50 or 60 effective English men under officers 
appointed by this Councill to joyn with a partie of the Massachusetts 
to be constantly in motion above the heads of their frontiers and neer 
for their relief upon any attack of the enemy. 

Voted and ordered in Councill that 50 men be raised with all expe- 
dition to send to the assistance of his Maje''®° subiects in the said 
Province in the service before-mentioned, and that provisions as 
wheat, Indian corn, pease, porke &c. be imprest where it may be had 
lor the supply of the souldiers that shall be tent. The provisions to be 



1607.] OF CONNECTICUT. 217 

purchased at the market price in money and consigned to Capt" Sewel. 
That a letter be sent to the Lieu' Govern"^ and Councill to signifie to 
them the resolution of the Councill, and also the scarcity of provisions 
in this Colonic and the expectation of this Councill to have a supply 
of provisions for the souldiers sent from this Colonic from them till 
they may have a supply from hence, and when such provisions as are 
sent from this Colonic are spent, that they afford them a supply till 
their return, and what provisions they shall afford to the souldiers sent 
from this Colonic at their first arrivalf there to be paid to them in the 
same specie out of the provisions sent from hence; also that they have 
their supply of amunition from them and also necessary clothing upon 
the creditt of this Colonic, and that the souldiers sent shall not continue 
upon the service beyond the last of September next, and to be at the 
comand of the Governour and Councell to be called home sooner if 
they shall see reason for it. 

Voted and granted in Councill that every souldier should recieve 
10' in hand in money to supply him with a hoi'se for his joui'ney, and 
that the capt° for his wages shall have 20^ cash p"^ week while he is 
out upon the service, and the lieu' 15' cash p"" week, and the private 
souldiers 7' p'' week ; each souldier to have a quarter of a pound of 
powder and bulletts answerable. Capt. Will. Whiting to be capt"^ of 
the company, Lieu' Stephen Hollister to be their lieu'. 

A letter from Govern"" Fletcher dated May the 24'^ 1697, was read 
in Councill, signifying that he had intelligence of a considerable 
French fleet in the West Indies gone in pursuit of the Spanish plate 
fleet, who are ordered if they misse of that design to destroy the fort at 
Newyork in their return, — desiring that 120 men be in a readinesse in 
this Colonic with arms and amunition at his first direction to march 
for the defence of the said fort, &c, and to transmitt the names of the 
officers and their places of residence to him. 

In answer to Govern'' Fletcher, it was concluded in Councill to 
presse 120 men to be in a readinesse to march to Newyork upon the 
approach of the enemy, the men to be prest out of the townes of New- 
haven, Milford, Stratford, Fairfield, Norwalk, Stanford, and Green- 
wich ; Capt° Mathew Sherwood of Fairfield to be captain over one halfe 
of the souldiers designed for Yorke and Lieu' James Judson of Strat- 
ford to be their lieu'; Capt"^ Ebenezar Johnson of Darbie to be capt° of 
the other half and Ensign Sam" Sherman of Newhaven to be their 
lieutenant. 

The Gen''" Assembly having left it to the Govern'' and Councill to 
determine what should be done in reference to the town of Woodstock, 
the Govern'' and Councill ordered that a letter should be sent to them 
to.assare them that what they did expend upon the English and Indians 
that are gone out upon the discovery of the enemy or should goe out 
for their necessary relief and refreshment should be paid them out of 
the publick treasury of this Colonic. 



28 



218 PUBLIC RECORDS [JuuC, 



At a meeting of the Govern'' and Councill in IIartfokd, 
June the 19"\ 1697. 

Members of the Councill: A letter from Lieu' Govern"' Stough- 
Colon^^ Rob' Treat, Govern'', ton to our Govern'' was read in Councill, 
Nathan" Stanley Esq'', dated the 12* of this instant, wherein 

Capf Caleb Stanley, the Lieu* Govern"^ manifested his desire 

M"" Hen'' Woolcutt, Aat the souldiers designed for the Prov- 

M'' Jn" More, ince of the Massachusetts Bay should 

M'' Will. Pitkin, be sent forth with what dispatch might 

Capf Tho. Hart, be. The Lieu' Govern' also sent an 

Capt" Rob' Wells, account of the return of the English and 

Ensign Jn° Chester, Indians that went forth against the 

Eleaz'' Kimberly, Secret'^. enemy under the comand of Peter 

Aspinwall, and desired that they might 
be reinforced and sent forth again with speed. 

Also a letter from Newyork by order of Govern"^ Fletcher subscribed 
by David Jamison Cler. Concilij, dated June the 14"', 1697, was read 
in Councill, declaring that his Excellency would not give our souldiers 
the trouble of marching to Yorke unlesse he had certain intelligence of 
the approach of the enemy. 

A letter was sent to Capf Sam" Mason to desire and order him to 
reinforce the partie of English and Indians lately come in from pursuit 
of the enemy and to send them forth with speed, and to order them to 
continue longer out upon the service then in their former going out. 

A letter drawn to send to Lieu' Govern'' Stoughton to signifie to him 
the design of this Councill to send the souldiers appointed to assist his 
Province with all speed, and also an ace' of the chief officers appointed 
for that service, and the determination of this Councill to reenforce 
the English and Indians under Peter Aspiuall and to send them 
forth again with as quick a dispatch as might be, was read in Councill. 

Capl" Will. Whiting is by this Councill appointed Comissary for 
the company bound for the Province of the Massachusetts Bay, and 
if he shall find the worke too burthensome, then to nominate to the 
Councill some able sufficient person to manage that trust, to be con- 
firmed by them. 

Ordered by this Councill that a letter of creditt be signed by the 
Treasurer for Capt" Will. Whiting to take up upon the creditt of this 
Colonic what he shall have occasion for, for the relief of himself and 
souldiers in the expedition for the Massachusetts Bay that he is now 
going out upon. 

A comission for Capt" Will. Whiting, and one for Lieu' Stephen 
Hollister, and one for Ensign Joshua Hodgkis, also instructions for 
Capt" Whiting and a letter of creditt were all read and approved in 
Councill. 

Ordered by the Govern'' and Councill that a letter be sent to Capt" 
Sam" Sewel in Boston, to desire him to take the charge of the provis- 
ions that shall be consigned to him from this Colonic for the supply 
of our men that are upon service in the Province of Massachusetts 



1097.] 



OP CONNECTICUT. 



219 



Bay, to turn the wheat into bread and preserve the other provision for 
their supply. 



At a meeting of the Govern^" and Codncill in Hartford, 
Aug ll^ 1697. 



Present, 
Colon" Rob' Treat, Govern^ 
Nathan" Stanley Esq'', 
Ciipt" Caleb Stanley, 
Maj'' Jonathan Bull, 
Will. Pitkin Esq., 
Capt° Sam" Fosdick, 
Eleazar Kimberly, Secr^''^. 



Orders by this Councill were sent to 
Maj"" James Fitch to take care that the 
fort at Newlondon be furnisht with men, 
armes and amunition, and that all things 
thereto belonging be in good order for 
the defence of the town and repulse of 
the enemy ; and also to list a certain 
number of men in each of the townes 
adiacent, viz. Norwich, Stonington, 
Lyme, and Preston, to be ready to march to Newlondon, or to any 
other place within the countie of Newlondon, upon any sodain approach 
of the enemy, with other orders necessary to be attended for the de- 
fence and safety of his Maje*'^' subiects in that countie in this time of 
warre and danger, a copie of which orders is upon file. ' 

M'' Sam" Fosdick was appointed and comissionated by the Councill 
to be Captain of the souldiers to be listed out of the severall towns for 
tlie service before mentioned. 



At a meeting of the Govern'' and Councill in Hartford, 
Aug. 26', 1697. 



Present, 
Colon" Rob' Treat, Govern'', 
Nathan" Stanley Esq', 
Capt" Caleb Stanley, 
M' Hen"- Woolcutt, 
M' John More, 
Capt'^ Rob' Wells, 
]\P Jn° Chester, 
Eleaz'' Kimberly, Secref^. 



A letter from Govern'' Fletcher, to 
our Govern'-, dated Aug. 16'^ 1697, 
was read in Councill with an inclosed 
intelligence recieved from some Indians 
that have lately been out neer Canadie 
to warre upon the French, who informe 
that they being about fortie eight miles 
on this side Chamley, heard a great 
noise of drumes, and heard many canoes 
&c, and that they did verily believe 
that there was an armie of French marching against Albanie ; vpon 
which intelligence Govern'' Fletcher desired one hundred men to be 
in a readinesse to march with armes and amunition compleat to Alba- 
nie upon the first notice of the enemies motion. 

Ordered by the Councill that upon the first intelligence of the cer- 
tain approach of the enemy with a considerable force to destroy the 
town of Albany, or to invade his Maje'"''^ subiects in that part of the 
Province, one hundred men furnisht with armes and amunition shall 
be forthwith sent to the assistance of his Maje''^' subiects there, whereof 



220 POBLIC RECOBDS ]!^e.T)t. 

fiftie snail be sent out oi tne troup in the counlie of Hartford, and the 
other fiftie to be raised out of the counties of Newhaven and Fairfield, 
and that a letter be sent to his Excellencie to signifie the resolution of 
the Councill. 



At a meeting of the Govern'' and Councill in Hartfokd, 
Septem'*'' y^ 21'^', 1697. 
Present, A letter from Lieu* Govern"" Stougli- 

Colon" Rob' Treat, Gover'", ton dated SepteraV y^ 14"', 1697, was 
Nathan" Stanley Esq"", read in Councill, giving an account of a 

Capt" Caleb Stanley, late expedition against the enemy, and 

Will. Pitkin Esq"", signifying his earnest desire that Capt" 

M'' Hen"^ Woolcutt, Will. Whiting with the detachment un- 

Capt" Rob' Wells, der his command might have instruc- 

Ensign Jn" Chester, tions sent to them to remain longer upon 

Eleaz"" Kimberly, Secref''. the service then formerly limited, to the 

forming another expedition. The Gov- 
ern'' and Councill having considered the matter, concluded to write to 
the Lieu' Governour and to signifie to him that the souldiers being 
prest to attend the service onely untill the end of this present month, 
and then to return, they cannot see it their way to require them to 
continue any longer ; if the Councill should not hold to their word it 
would be a discouragem' to our souldiers to goe forth for the future, 
yet if there be occasion for an expedition that may be speedily prose- 
cuted, and the capt° and souldiers are willing to stay longer in order 
thereunto, they are contented that they should so doe, and that they 
shall be allowed the same incouragement for their further service as is 
at present allowed to them. 

A letter drawn to send to Lieu' Govern'' Stoughton, and a letter to 
Capt"^ Will. Whiting, were read and approved in Councill. 



Att a meeting of the Governour and Councill in Hart- 
ford, Octob" the ll"", 1697. 
The souldiers that were prest in the severall counties of Hartford, 
Newhaven, and Fairfield, for the assistance of his Maje'"^^ subiects in 
the Province of the Massachusetts Bay being returned home, the con- 
stables in the severall plantations where souldiers have been prest for 
the said expedition are hereby ordered by the first oportunitye to send 
to Capt" Caleb Stanley commissary in Hartford, a p''ticular and dis- 
tinct account of all that the souldiers in the respective townes have 
recieved of the country before their going out, upon the account of their 
wages. 



it)97.] OP CONNECTICUT. 221 

Att a Gen^lI' Assembly held at Hartford, Octob''' 14^'', 

1697. 
Assistants : 
The Govemrs Hon'', 
Present, 
Andrew Leet Esqr, Caleb Stanly Esq^, 

James Fitch Esq'', Moses Mansfield Es(|'', 

Sam" Mason Esq'', John Hamlm Esq"", 

Dan'i Witlierell Esq'', Jonathan Sellick Esq'', 

Nathanii Stanley Esq'', William Pitkin Esq^. 

* Deputies: 

For Hartford, Jonathan Bull, Aaron Cook. 

For Windzor, John More, Dan^' Haydon. 

For Wethersfield, Robt Wells, AVill Warner. 

For Newhave, James Heton, Sam" Hemanway. 

For WallingfrJ, Jn^ Merriman, Tho. Hall. 

For Norwich, Richard Bushnell, Jn^ Tracie. 

For Preston, Joseph Freeman. 

For Glassenbury, Sam" Hale. 

For Midletow', Nathanii White, Sam" Bid well. 

For Milford, Thomas Clerk, Sylvaniis Baldwin. 

For Nor walk, Mathew Marvin, Sam" Hayse. 

For Haddum, John Chapman, Dan" Brayner. 

For Farmington, Tho. Hart, John Jvid. 

For Stratford, Sam" Hawlie, Benja" Curtis. 

For Newlondo, James Averye, Sam" Fosdick. 

For Lyme, Will Eelie, Joseph Peck. 

For Stoningto, John Gallop. 

For Saybrook, Nathan" Lynde, Nathan" Chapman. 

For Stanford, David Waterbury, Sam" Hoyt. 

For Waterbury, Lieu* Thomas Jud, Deaco Thomas Jud. 

For Branford, William Malbie, Eleaz'' Stent. 

For Symsbury, Serj' Wilcockson. 

For Fairfield, John Wakeman, Nathan" Burre jun^. 

For Killinworth, John Griswold. 

For Gilford, Josiah Rossiter, Abraham Fowler. 



222 



PUBLIC RECORDS 



[Oct. 



[288] Persons nominated for election in May next: 

Colonell Robt Treat, Will Jones Esq-", Majr Genrii Wiii- 
throp, Sami' Willi's Esq"", Capt" Andrew Leet Esq"", Maj^ James 
Fitch Esq'', Capt" Sam'i Mason Esq"-, Capt'* Dan'' Witherell 
Esqr, Nathanii Stanley Esq^, Capfi Caleb Stanley Esq^, Majr 
Moses Mansfield Esq"", Capt" John Hamlin Esqf, Maj"" Jona- 
than Sellick Esqr, Capt" Nathan Gold Esq"", Will Pitkin, Esq'", 
Mr Thomas Hooker, M"- Joseph Curtis, M"- Jn" More, M-- 
Richard Cristophers, M"" Hen"" Woolcutt. 

List of Persons and Estates exhibited in this Court. 





Persons 


Estates, 
lis. s. 




Persos. 


Estates, 
lis. s. 


Hartford, 


302 


17253.15 


Stratford, 


140 


09602.03 


Killinsworth, 


045 


02533.12 


Saybrook, 


113 


05584.13 


Farmingto, 


112 


07016.15 


Norwich, 


130 


05858.07 


Symsbiiry, 


070 


03160.00 


Haddii, 


084 


03355.00 


Windzor, 


300 


15880.14 


Lyme, 


086 


04506.00 


Wallingff'i, 


075 


04462.00 


Fairfield, 


150 


11438.00 


Midletown, 


140 


06126.00 


Gilford, 


125 


07751.12 


Waterbury, 


042 


01641.06 


Greenwich, 


076 


03642.12 


Woodbury, 


064 


02989.00 


Stanford, 


090 


05292.05 


Branford, 


076 


03972.00 


Wethersfield, 


220 


10971.17 


Newlondo, 


220 


10410.09 


Milford, 


162 


10222.07 


Glassenbury, 


053 


02462.10 


Newhave, 


300 


15642.10 


Preston, 


042 


02192.00 


Stoningto, 


103 


05407.16 


Norwalk, 


110 


05521.17 




1779 





1651 

This Generall Assembly by their free vote approved of the 
act of the Councill in their late sending of souldiers under the 
comand of Capt" William Whiting for the assistance of his 
Majeties subiects in the Massachusetts Bay against the comon 
enemy, and granted to defray the charge of that expedition 
according as the Councill had inguaged. 

The act of the Councill in ordering a quota of men to be 
raised in the severall townes in the countie of Newlondon to 
be listed under the comand of Capt" Sam" Fosdick was 
approved by this Court (it being for the defence of that countie 
in time of danger) and the necessary charge expended on that 
occasion to be defrayed by the countrey. 



1697.] OF CONNECTICUT. 223 

This Court considering that some Deputies doe depart from 
Court in a disorderly way before the Court is ended, for the 
prevention whereof it is ordered, that for the future no deputy 
shall depart from Court without liberty granted to him by the 
Court and entred upon record, and that the deputies shall be 
called over the last day of the Courts sitting, and all and every 
the deputies that shall be absent when called (not having the 
beforementioned liberty to depart) shall forfeit their salleries. 
And the Secretary sliall give notice to the Treasurer of all and 
every such deputies so absenting, that caution may by him be 
given to the respective constables, not to pay them their 
salleries. 

[289] Whereas the Court in October last did grant to the 
Assistants of this Colonic, to. every of them a sallerie of ten 
pounds in currant money for the year ensuing and the fees 
that are paid at the Court of Assistants upon appeals from tbe 
countie courts in civill actions, they bearing their own charges 
except upon the election day, this Court doth now declare that 
the beforementioned sallerye shall be continued to them for 
the year ensuing the publication hereof, they attending the 
Courts as in the said act is mentioned. 

Ordered by tliis Court that the Comissioners that are annu- 
ally appointed in the severall townes of this Colonic shall con- 
tinue in their places till now ones be chosen and sworn, and 
that to the words (in the comissioners oath) For the year 
ensuing, be adioyned. And untill a new be chosen and sworn. 

Ordered by this Court and the authority thereof, that the 
severall constables in their respective townes throughout this 
Colonic, without expectation of any further order, shall warn 
all the freemen in their said towns to meet together yearly 
on the third Tuesday in September about nine of the clock in 
the morning, at some convenient place by them appointed, 
when and where they may first chose deputies to attend the 
Gen''" Court in October next ensuing, and then every freeman 
in each town, there present, shall give in his vote or suifrage 
for twentie persons (their names being fairly written upon a 
piece of paper) whome he judge th qualified to stand in nom- 
ination for election in May next, which votes or suffrages shall 



224 PUBLIC RECORDS [Oct. 

be delivered to such Assistant, Comissioner, or Constable as 
shall inhabit in the town where such votes are given in, which 
Assistant, Comissioner, or Constable shall upon his office oath 
make entrie of the names of all such persons as the freemen 
have voted for, and the number of votes that each person hath, 
a copie whereof the said Assistant, Comissioner, or Constable 
in each town, shall send sealed up to the Gen""!' Assembly in 
Octob'' next following, by the Representative of the respective 
town : At which Assembly all the votes of the freemen of this 
Colonic shall be compared, and those twentie person [s] that 
shall have the greatest number of votes, sliall be the persons 
whose names shall be returned to the severall townes to be the 
persons nominated to stand for election in May next ensuing, 
out of which number the Assistants shall be chosen. And all 
and every constable is to attend this order annually upon pen- 
alty of the forfeiture of five pounds to the publick treasurye 
for every time he shall neglect the same. 

Whe^-eas it is said in the lawe (title Military Affairs, folio 
50) that the fines due to the train bands shall be improved for 
the maintenance of drumes and colours &c, as an addition 
thereunto this Court doth order that in such places where the 
fines are not sufficient for the procurement of drumes and 
colours with what else is necessary and intended in the said 
lawe, that then they shall be procured at the proper cost and 
charge of such townes to which such train bands doe belong, 
unlesse there be any other way contrived amongst themselves 
for the gaining of such things wanting. 

This Court grants a rate of four pence upon the pound to 
be levied upon all the rateable estate of this Colonic, to be 
paid either in currant money or in good and merchantable 
grain at the prizes following, viz. winter wheat at four shil- 
lings p'' bush", rie at two shillings and sixe pence p"" bush", 
Indian corn at two shillings pf bushell ; and for defect of money 
to answer the money debts due from the Colonic the Treasurer 
is hereby impowered to convert tlie grain into money as need 
shall require. 

And where the countrey is indebted onely ordinary pay, two 
thirds in money or in grain at the prizes before mentioned 



1697.] OF CONNECTICUT. 225 

shall answer the totall of such debts, which all Assistants and 
Comissioners are to take notice of and to sign bills for paym* 
of such debts accordingly. 

[290] Ordered by this Court that good and merchantable 
grain and porke in payment of the ministers rate shall passe 
at the prizes following, viz'', the winter wheat at five shillings 
and sixe pence p'' bushell, rie at three shillings six pence p^" 
bush'i, Indian corn at two shillings and nine pence p"" bush", 
pork at three pence |- p"" lb:.allways provided that tli« intent 
of this order is not to make void any agreem^ between minis- 
ters and people concerning the price of pay in their annuall 
salleries. 

Ordered by this Court that those that have supplied the 
countrey with grain and provision (and no expresse p'ticular 
price aggreed upon) shall be allowed sixe shillings p"" bush" in 
currant money for good and merchantable winter Avheat, and 
3s and sixe pence p"" bush^* for good and merchantable rie, and 
3s pr bush" for good and merchantable Indian corn, o"*^ 5s^ pr 
barrell for good and merchantable pork, and 1', 15^ p"" barrell 
for good and merchantable beeff. 

Captn Caleb Stanley, Maj"" Jonathan Bull, M"" Nathan^i 
Lynde, M"" Josiah Rossiter, M^ Sam" Hawley, are desired and 
appointed by this Court, to take as good an account as they 
can come att of the debts due from this Colonic (which are 
not conteined in the account given in to the auditors) and to 
give it in to this Court as soon as possibly they can. 

Voted and granted by this Court that the Governour shall 
recieve for his sallerie for this year one liundred pounds cur- 
rant money. 

It. That the Deputye Govern'' shall recieve twenty pounds 
currant money. 

II. The Treasurer twenty pounds currant money. 

It. The Secretary fifteen pounds currant money. 

This Court grants to the Treasurer for his pains in travail- 
ing to the severall townes of this Colonic to make up accounts 
with the severall constables for this years rate, ten pounds in 
currant money. 

This Court grants to Capt" Nathan Gold fortye shillings in 
29 



226 PUBLIC EECORDS [Oct. 

money on account of his sallerye for his journey to Hartford 
to attend the publick service, at this present sessions, notwith- 
standing he was necessitated suddenly to return home. 

This Court grants to Capt" Caleb Stanley for his pains as 
Comissary for this year sixe pounds in currant money. 

This Court grants to Capt" William Whiting for his sallerye 
as Marshall for this year eleven pounds in money, and four 
pounds in money for his service as Comissary in the late expe- 
dition to the eastward. 

Ordered by this Court that the Councill shall consist of the 
same members as formerly, according to the appointm* of this 
Court in May last, and that the Governour and Councill shall 
have full power to raise men and to send them forth for the 
defence of this Colonic and the assistance of our neighbours if 
invaded, and to act in all affairs of emergency, with this limita- 
tion that they shall not part with any of our charter liberties 
or priviledges. 

Voted and granted in Court that the Deputies salleries for 
this year shall be paid in currant money. 

Ordered by this Court that the people inhabiting upon Quiii- 
ipaug River shall be and belong to the countie of Newlondon, 
and also that the new plantation situate to the westward of 
Norwich bounds shall be called Lebano. 

Att this Court the Govern"" in the name and with the con- 
sent of the Gen""'! Assembly did enstall the Serj' Maj'"* of the 
respective counties of Hartford, Newhaven, and Fairfield and 
Newlondon, in their offices, viz *, for Hartford, May Jonatlian 
Bull; for Newhaven, Majf Moses Mansfield; for Newlondon, 
[291] Majr James Fitch ; for Fairfield, Maj'" Jonatha Sellick ; || 
declaring them to be Maji's of their respective regiments ac- 
cording to their commissions. 

In answer to the petition of M«" Sam'' Haise, this Court doth 
desire and appoint Maj'' Moses Mansfield, May James Fitch, 
M"" Will Malbie, M"" Josiah Rossiter, and Capt" Thomas ClerS:, 
they or the maj^ part of them, to be a coraittee to indevour an 
accomodation and aggreement between the townes of Fairfield 
and Norwalk, concerning their dividing line, and other mat- 
ters of controversie, with reference to propertie of land ; and 



"1697.] OP CONNECTICUT. 227 

to make return of what they shall find or effect concerning 
the premises, to this Court in May next, that this Court may 
take further order therein, as they shall see cause. And this 
Court doth release the town of Norwalke from a fine lately im- 
posed upon them by the countie court at Fairfield. The charge 
of the abovesaid coraittee to be defrayed by equall proportion 
by the towns concerned. 

Anna Wilcockson widdow and relict of Joseph Wilcockson 
late of Killinworth deceased, being aggrieved with the act of 
the countie court at Newlondon, June 6, 1683, concerning her 
interest in the reall estate of the said Joseph, whereby ye said 
court did order that the said Anna should have onely one third 
part of the profitts of the reall estate of the said Joseph ; which 
act being an abridgment of her iust right according to lawe, 
this Court doth declare the same to be void, and doe order 
that the said Anna shall have the one third part of the reall 
estate of s'^ Joseph according to lawe to be to her during her ' 
natural life, y*^ said act notwithstanding, 

Marie Shipman, widdow and relict of Edward Shipmau late 
of Saybrook deceased, informing this Court that she stands in 
need of provision for the necessary support of her life, and 
desiring that a supply may be ordered to her, out of the estate 
of her deceased husband, the Court having considered the last 
will and testament of the said Edward Shipman, doe declare 
that the true intent and meaning of the testator in the bequest 
of a remainder of his estate to the said Marie, as it may be 
rationally collected from his expressions relating to the said 
bequest, was that if the said Marie during the time of her 
widdowhood, should be brought to necessity, she should then 
have at her dispose for her necessary supplye some part of the 
estate to her bequeathed, and this Court being informed that 
there is a considerable quantity of personall estate that will 
remain, debts and legacies paid, part of which is grain yet 
undisposed of, doe order that the said Marie shall recieve 
thereof eight bush'^^ of wheat, seven bushells of rie, and seven 
bushells of Indian corn, and eight bushes of barley, and doe 
hereby require and impower the execute ^ to the said last will 
to deliver the same to her for the use aforesaid. 



228 PUBLIC RECORDS [Oct. 

This Court appoints the first Wedensday in November next 
to be kept a piiblick day of thanksgiving throughout this Col- 
onie. An order for the day of thanksgiving was read and 
approved. 

This Court grants liberty and full power to Mr* Elizabeth 
Allin late wife of M'' James Allin, the reverent pastor of the 
church of Salsbury, deceased, (upon her petition) to make 
sale of such housing and lands in the town of Newhaven as 
belong to the estate of her deceased husband, the said estate 
in housing and lands being in a decaying and wasting con- 
dition ; always provided that good security be given to the 
countie court in Newhaven for the preserving the produce of 
the said housing and lands for the heirs and legatees of the 
said M"" Allin when they shall come to age to recieve it.* 

Ordered by this Court that the souldiers inhabiting in the 
township of Windzor on the west side of the great river be 
" divided into two trainbands, those on the south side of the riveret 
to be one distinct trainband, and those on the north side of the 
riverett to be another distinct trainband, and those on the 
south side of the riverett are to be under the comand of Capt" 
Tim. Phelps, Lieu* Matliew Allin, and Ensign Newbury, and 
those on tlie north side to choose their own officers. Maj"" 
Jonathan Bull is dasired and appointed by this Court to call 
them together to attend that work. 

Capt'i Joseph Wadsworth was by this Court confirmed Capti^ 
of the train band in Hartford on the north side of the riverett, 
Ensign Zechariah Sanford to be their Lieu', and M'" Joseph 
Tallcott to be their Ensigne. All these are coiiiissionated. 

Upon the desire of Capt^ George Gates in consideration in 
consideration of his age and infirmitie of body, this Court dis- 
[292] charged him of his Captainship in || the town of Had- 
dum, and Lieu* James Wells was confirmed Captain of the 
train baud in the s'' town. Ensign Thomas Clerk Lieuten', and 
John Arnold their Ensign, and ordered that they be comission- 
ated accordingly. T.hese are comissionated. 

* Her petition is in Priv. Coutrov. V, 58. Rev. James Ailing, son of Roger of New- 
Haven, was third minister at Salisbury. N. H. His wife was daughter of Rev. Seaborn 
Cotton. 



( 
;lt.:. i 



1697.] OF CONNECTICUT. 229 

Vpon the petition of Capt" George Gates, Sam" Omstid, 
Joseph Gates, with other of the inhabitants of Haddum dwell- 
ing on the east side of the great river, that they might have 
liberty to embody themselues in church estate on that side of 
the river, and to call and settle a minister among them, in 
order to their more comfortable enioynit of the ordinances of 
God, the Court not being fully satisfied of the ability of the 
town to maintain two ministers, made, choice of Ma.y James 
Fitch, Capt" Robert Wells, and Ensign John Chester, to view 
the lands on both sides the river, and to consider whether 
there be a suflicient quantity of land on each side of the river 
for accomodation of inhabitants, whereby each side may be 
capable of maintaining a minister and being a distinct society, 
and to make return to this Court in May next. 

Upon the petition of Nathan" Burre sen"" and John Edwards, 
administrators to the estate of M-- Ehphalet Hill late of Fair- 
field deceased, in consideration that the personall estate of the 
said M'- Hill is not sufficient to answer the debts that are due 
from the said estate, this Court grants to the said administrate 
full power to make sale of so much of the lands belonging to 
the estate of the said M'- Eliphalet Hill as they shall find to be 
needfull to sell for the paym' of the iust debts of the deceased. 

Lieutent Francis Whitmore informing this Court that he 
hath disburst a considerable estate upon building a bridge over 
the ferry river att Midletown, and petitioning this Court to 
order that all persons that upon occasion doe make use of it 
for passage should be under obligation to pay toll, this Court 
see cause to deferre a full answer to his petition till their 
session in May next, and in the mean time give him full power 
to demand and recieve toll of all persons that shall make use 
of the bridge for passage, it being made sufficient for that use. 
The toll to be two pence a time for horse and man, and one 
penye for a man, no toll to be taken on the sabbath day for 
such as make use of it in passing to and from the publick 
assembly. 

This Court appoints Majr Jonathan Bull equally to divide 
the train bands in Wethersfield according to the order of this 
Court in May last. 



230 PUBLIC RECORDS [Oct. 

Joseph Tiitle of Newhaven plaintiff cont'" Lieu^ James Benet 
of Fairfield as secondary attorney for Joseph Blidenburge of 
Newyork defend^, by way of appeal from the iudgmt of the 
Court of Assistants held at Hartford May the 10"i, 1697, which 
action came to the Court of Assistants by way of appeal from 
the countie court held at Newhaven the 2'^ Munday in Novem- 
ber, 1696, which action and judgm* is thus entred in the 
record of the s^ Court of Assistants : Joseph Blidenburg of 
Newyork merchant plaintiff, Joseph Tuttle of Newhaven de- 
fend^, the action an action of debt, due to the said plaintiff by 
obligation, debt with damage 100"^ currant money of New- 
york, with cost of court ; in this action the iury at the Court 
of Assistants in this action the jury al the Court of Assistants 
find for this defend^ 31', 17^, 06'', in York money, and cost of 
courts, the Court accepting the verdict ordered judgm' to be 
entred accordingly, costs allowed at 4"% 4% 6'', York money; 
from this judgm* this plaintiff now brings his appeal. In this 
action this Court finds for the plaintiff costs of courts. Costs 
allowed at five pounds twelve shillings, whereof two pounds is 
cash, the remainder currant pay. 

Whereas this Court Octob'" the 8ti', 1696, did grant to Lieu' 
Thomas Lefiinwell of Norwich and Serj' Jn" Frinke with the 
rest of the English volunteers in the former warre a tract of 
land six miles square, to be taken up out of some of the con- 
[293] quered land || with the conditions in the said act men- 
tioned, the grantees having found a tract of land which they 
judge convenient for a plantation, upon their desire this Court 
appointed Capt" Sam" Mason, M'' Jn^ Gallop, and Lieu' James 
Averie to be a comittee to view the said tract of land, and to 
consider whether it be suitable for a plantation for entertein- 
ment of a body of people that may be able comfortably to carry 
on plantation worke, or what addition of land may be neces- 
sary to accomodate a body of people for comfortable snbsist- 
ance in a plantation way, and to make return of what they 
find to this Court in May nest. 

Att this Court M^ Joseph Freeman of Preston petitioned 
that an appeal might be granted to him from the iudgment of 
the countie court in Newlondon, the 3'' Tuesday in September 



1697.] OF CONNECTICUT. 231 

last, in an action depending between himselfe and Maj"" James 
Fitch, pretending that an appeal in the said action was denyed 
him by the iiidges of the said court ; the Court having under- 
standing of the matter apprehended that the failure of his 
appeal did proceed from a misunderstanding, and for ending 
of all dispute about that matter, the said Maj"" Fitch and 
Joseph Freeman mutually aggreed and inguaged to joyn issue 
in the aforesaid action at the next Court of Assistants, upon 
appeal of the said Freeman ; and the said Freeman acknowl- 
edged himselfe bound in a recognisance of fortie pounds to the 
publick treasurie to prosecute his appeal to effect, and to an- 
swer all damages if he make not his plea good.* 

This Court frees all the rateable estate of the Reverent M»" 
Jeremiah Peck, pastor of the ch. of Waterbury, from paym* of 
countrey rates for this year. 

Joseph Rogers was plaintiif by way of appeal from the 
judgmt of the Court of Assistants, Octob'- the 5', 1693, Jona- 
than Rogers defend^, which action was an action of the case 
for entring into and taking possession of a house and other 
buildings and certain parcells ol land lying in the gen'H neck 
in said Newlondon, on the west side the harbour, which house 
and land became the said Josephs by deed from James Rogers 
senr, of Newlondon deceased, to a surrender of the said lands 
to ye said Joseph with necessary costs and damages of his de- 
teiner, to the valine of one hundred pounds ; in this action 
tlie jury find for the defend^ cost of court. Tliis action is thus 
entred in the records of t^iis Court Octob"- 12*1% 1693, and the 
juries verdict at the said Court of Assistants thereupon ; the 
plaintiff and defend^ then aggreeing to issue the controversie 
concerning the lands abovesaid by arbitration the action of 
appeal was tlien withdrawn, but this plaintiff pretending that 
forged evidences were improved before the arbitrates to the 
procuring an award against him to his damage, this Court did 
release the plaintiff from liis obligation to stand by the said 
award, and granted to Sarah Rogers, administratrix to the 
estate of the said Joseph Rogers, liberty to prosecute the 

* fn the margin. This controversie is ended by aggreem* between Maj^ Fitch and 
the executes of Joseph Freeman. 



232 PUBLIC RECORDS [Oct. 

appeal aforesaid at this Court, and now the said Sarah appears 
to prosecute the same as plaintiff conf the said Jonathan 
Rogers defendant. In this action this Court finds for the de- 
fend' the housing and land in controversie and costs of court. 
Cost allowed for this court at l^, 10% 00 d. 

Sarah Post the relict of John Post of Norwich, upon her 
desire, hath free libertie and full power granted to her with 
the consent of her overseers, to make sale of fourteen ac'^ of 
upland given to her husband by the said town of Norwich, for 
the necessary support of herself and children. 

Libertye and full power is granted by this Court to Lieu* 
James Bennett, M"" Nathan^ Sherman and Susanah Hall, 
administrates to the estate of Sam" Hall, late of Fairfield 
deceased, for want of personall estate, to make sale of so much 
of the lands belonging to the said estate, as they shall find 
needfuU to pay such debts, as are- due from it. 

This Court grants to M^ Gurdon Saltonstall, the reverend 
pastor of the chli. in Newlondon two Inindred ac^ of land, 
provided he take it up where it may not be preiudiciall to any 
former grant to any town or p''ticular person. 

Att this Court Nathan' '• Burre junr of Fairfield as attorney 
for Dan" Burre, Dau'i Lockwood and Abigail his wife, children 
of Dan" Burre late of Fairfield deceased, presented his petition 
exhibited in Court in May last, for relief against the settlem' 
of the estate of said Dan" Burre deceased, according to the 
will exhibited in the Court of Assistants and approved. The 
settlment of the estate according to the said will remaining 
[294] unaltered, this Court doth now order that || two thirds 
of such estate as remains yet undisposed of by the said will 
shall be distributed to the eldest soiie, and one third part 
thereof to the eldest daughter of the said Dan" Burre deceased. 

Lieu*^^ Abraham Phelps is by this Court confirmed Capt" of 
the train band in Windzor on the north side of the riverett, 
Mr Dan" Hayden to be their Lieuten' and M"" Adderton Mather 
to be their Ensign. These are comissionated. 

Ordered by this Court that the printed books conteining 
Mr Saltonstals sermon at the Election be divided to the severall 



1697.] OF CONNECTICIJT. 233 

counties proportion ably according to the lists of the severall 
counties.* 

The return of the comittee appointed by this Court in May 
last to compose the controversies between Owaneco and Abim- 
eleck about the bounds of their lands is as followeth, viz: 

By virtue of a comission to us granted by the Gen'" Court 
in May last wlierein full power was given to us to endevour a 
compKaiice or peaceable issue, between Owaneco and Abime- 
lech, respecting certain parcells of 4and at or neer Lebanon, 
but notwitlistanding our pains for the attainm' of the desired 
end, our indevours therein proved unsuccessful!. Having 
heard the pleas on both sides and deliberately considered the 
same, we doe tlierefore according to our said comission agree 
and determine as followeth, viz*, To begin at tlie nortliwest 
corner of Capt" Jn" Masons mile from thence to rune two 
mile to the southward, as that line runnes, tlien to run a due 
west line untill it intersect the east bounds of Saybrook mens 
land, given them by Joshua, which said west line shall be the 
dividing line between the said Owaneco and Abimelech, their 
heirs and assignes for ever, and all the land lying to the south- 
ward of the said west line, butting east on Capt" Jn" Masons 
mile, southerly and westerly on Hoccafinm path and v^aybrook 
mens land and north on the said west line, shall belong unto 
Owaneco, his heirs and assignes for ever ; and all the land 
lying to the northward of said dividing line, butting west on 
yaybrook mens land, north on land belonging to Hartford 
men, northeasterly on Wallamantnck and Shetuckett River, 
southeasterly on Capt" Jn° Masons mile, and also all the land 
lying between Windham and Norwich bounds, called the 
Mameaquoge lands, both which parcells of land shall belong 
to Abimelech, his heirs and assignes forever ; this to be a full 
and finall issue of the differences between the said parties 
respecting a certain parcell or parcells of land lying at or neer 
Lebanon. Given under our hands in Hartford, Octob"" the 
20'h, 1697. John Hamlin, John Chester, 

William Pitkin, Willia Whiting. 

Jonath" Bull, 

* " A Sermon Preached before the General Assembly of the colony of Connecti- 
cut at Hartford in New-England, May 13, 1697, Being The Day for Electing the 
GovERNOUK, Deputy Goveknour. and Assistants, for that Colony. Published 
by Authority. Boston in New-England. Printed by B. Green and J. Allen, for 
Duncan Cambel, over-against the Old-Meeting House, 1697." The text was Ezek. 
xix. 14. There is a copy in the Conn. Historical Society's Library, which formerly 
belonged to Capt. Caleb Stanly. 

30 



234 PUBLIC RECORDS [Oct. 

The above written act of Capt" Jn" Hamlin and William 
Pitkin Esqf, with the rest of the comittee thereunto subscribing 
was approved and confirmed by the Generall Assembly. 



Att a meeting of the Govern" and Councill att Hartford, 
Decemb'', 24'\ 1697. 
Present: By order of the Lords Comissioners 

Colon" Rob* Treat. Govern^ of Trade and Plantations the peace be- 
Naihan" Stanley Esq', tween his Majesty and the French King 

Capt° Caleb Stanley, was this day published in Hartford. 

Will. Pitkin Esq"^, ' Also Capt" Joseph Whiting and Capt" 

Capf^ Jn° Chester, Cyprian Nicols wilh two moi'e gentle- 

Lieu' James Treat, men irom Newlondon were apjiointed by 

Maj"' Jonath. Bull. the Govern' and Councill to g( e to Bos- 

M' Jn" Chester, ton to our agent Maj' Gen'" Winlhrop, 

Eleazar Kimberly. and in y* name of the Govern' and 

Councill to congratulate his safe arrivall 
from England into tiiis country,* and to accompany him into this Col- 
onie either to Newlondon or to some other place as the Maj' Generall 
shall please to direct his journey. 

The Governour and CouncHl also ordered Capt" Joseph Whiting 
Treasurer, (with the advice of the other gentlemen appointed to ac- 
companye the Mmj' Gen'" in his journey from Boston) to provide what 
money may be needfuU to defray the necessary charges that have been 
expended for our hon"^ agents passage from England, and since his 
arrivall at Boston, and for his return into this Colonic. 

Capt" Dan" Witherell and the Reverent M' Gurdion Sallonstall 
were desired by the Govern' and Councill to meet our hon"^ agent, and 
together with Capt" Whiting and Capt" Nicols to accompany him in 
his journey from Boston. 

The gentlemen appointed to attend our hon"^ agent are also at the 
charge of this Colonic to provide three or iour able horses to accomo- 
date the Maj' Gen'" for his journey. 

* Gen. Winthrop writes that he had arrived at Boston Saturday, December 11th, in 
four weeks from the Lands End. He came eight days in company with Loid Bello- 
mont, appointed Governor of New York, wlio he thinks should be congratulated as 
soon as miglit be after his arrival. The government of Connecticut is well in the 
King's favor, and unier a good opinion with the Lords Commissioners of Trade ai:d 
Plantations. He would wait upon the Governor so soon as he had dispatched some 
occasions in Boston and the season would permit, which U now very hard, and as soon 
as he could be supplied with horses, which are very difBcult to be procured for a 
winter journey. For. Corresp. H, 64. 



1697-8.] of connecticut. 236 

[295] Att a Genrll Court held at Hartford, Janr the 

22''s 1697. 
Present, 
The Governours Hon'', 
Majr James Fitcli, Capt° John Hamlin, 

Capt Dan'i Witherell, Maj"" Jonathan Sellick, 

Nathan" Stanley Esq'", Capt" Nathan Gold, 

Capt" Caleb Stanley, William Pitkin Esq^. 

Depklies of the Court: 

For Hartford, M&y Jonatha Bull, M"- Aaron Cook. 

For Windzor, M-" John More, M'" Dan" Hayden. 

For Wethersfeild, Capt" Robert Wells, Lieu* Will Warner. 

For Midletown, Capt" Nathan" White, M"- Sam'^ Bidwell. 

For Farmington, Capt" Thomas Hart, Lieu' John Jud. 

For Saybrook, M"- Nathan'^ Lynde, M"" Nathan" Chapma. 

For Lyme, Capt" Will Eelie. 

For Stanford, M'" David Waterbury, M^ Sam" Hoyt. 

For Killinworth, M'^ John Griswold. 

For Newlondo, Capt" Sam" Fosdick. 

For Haddum, Capt" Jn° Chapman, M^ Dan" Brayner. 

For Symsbury, M"" Sam" Wilcockson. 

For Newhaven, M'' James Heton, M'" Sam" Hemanway. 

For WaUingford, Serj' Jn" Merriman, Serj' Thomas Hall. 

For Glassenbury, M^ Sam" Hale. 

For Norwalk, M'" Sam" Hayse. 

For Stratford, M'- Sam" Hawley, M^ Benj" Curtis. 

For Branford, M'" Will Malbury. 

For Fairfield, Lieu' Jn'^ Wakeman, M^ Nath" Burre. 

For Gilford, M"" "Abraham Fowler. 

It is ordered by the authority of this Court, that for the 

future there shall be by this Court appointed in each countie 

in this corporation, three or four at least of the most able and 

iudicious freemen that shall be Justices of the Peace, which 

shall continue during the Courts pleasure; which justices 

shall have full power throughout the respective counties, to 

act according to comission given by this Court, and the lawes 

of this Colonic ; three of which justices with a judge appointed 



236 PUBLIC RECORDS [Jan. 

by this Court shall have power to hold the severall countie 
courts in each countie according to lawe here established. 
This to take place from and after the Gen^^ Court in May next, 
any former lawe or usage to the contrary notwithstanding. 

Whereas oftentimes when upon complaint of mi [s] demean- 
ors, persons being called to give evidence in cases that are of 
a capitall or criminall nature, or of breach of a penall lawe, 
doe refuse to give evidence therein, whereby justice in punish- 
' ment of those that are offenders is hindred ; for regulation 
whereof, and that justice may be promoted in such cases, be 
it therefore enacted by this Court and the authority thereof, 
that for the future, after publication hereof, whatsoever person 
shall be called by civill authority to give evidences in any such 
cases as aforesaid, and shall refuse to make answer so farre as 
he is capable to such questions as shall be demanded respect- 
ing the case in question, and also refuse to make oath that he 
will declare all and whatsoever he knowes or hath cognisance 
of respecting the case or matter in question, shall by the au- 
thoritye before whome he is called to give such evidence be 
coiTiitted to the countie gaole, there to remain untill he will 
make oath that he will give evidence as aforesaid, and while 
[296] in II prison, to remain at his own cost and finding ; 
alwayes provided that no person required to give testimonie 
as aforesaid shall be punished for what he doth confesse 
against himselfe when under oath. 

That effectuall means may be used and improved for the 
preserving and promoting the peaceable and civill behaviour 
and good conversation of his Majesties subjects in this gover- 
ment, and for the preventing and suppressing of what is con- 
trary thereunto, it is enacted by this Court and the author! tye 
thereof that the surety of the peace and good behaviour as the 
meritt of the cause shall require may and shall be granted by 
his Majesties justices against all and every such person and 
persons as by threatning words, turbulent behaviour, or actuall 
violence, or by any other unlawfuU actions shall terrific and 
disquiet any of the King's people, and also against coiTion 
barretors which frequently move, stirre up and maintain suits 
of law in court or quarrells and parts in the countrey, that 



1697-8.] OP CONNECTICUT. 237 

invent and sowe false reports whereby discord ariseth or may 
arise among neighbours : also against such as are of evill name 
and fame generally for maintaining or resorting to houses sus- 
pected to be houses of bawderye and incontinencie, also against 
night-walkers that be persons of evill fame or evill report gener- 
ally, or that evesdrop mens houses, or that shall cast mens carts 
into ponds, or comitt other like misdemeanors or outrages in 
the night time ; also against suspected persons that live idly, 
and against drunkard libellers, and any person that shall abuse 
a justice of the peace, constable, or other officer of the peace, 
in executing their office, and against such like offenders ; and 
if any such persons shall refuse to give surety for the peace or 
good behaviour, it shall be in the power of any of the Assist- 
ants or Commissioners in this Colonic to comitt such persons 
to the comon gaole, there to remain till delivered according 
to order of lawe. 

Complaint being made to this Court that the list of estate 
for the town of Newlondon is deteined by Lieu* Averye and 
John Hedgcom, whereby the rate cannot be made in order to 
defraying of publick charges ; wherefore this Court doe order 
and impower the Secretary of the Colonic forthwith to issue 
forth warrant in the name of the Governour and Generall 
Assembly to the countrey or countie marshall or his deputie 
forthwith to make demand of the severall deputies of the said 
town or any person or persons to whome said list may be 
coinitted for a deliverye of the same, and to make search in 
any place whatsoever for said list, and in order thereto to 
break open any doore or chest in any house or any other place 
where he may be informed the said list is lint is likely to be 
found, and if any person to whome said list was delivered 
shall refuse to make return thereof upon the said officers 
demand, or with whome either of the said lists upon search 
shall be found, the said person forthwith shall be arrested and 
conveyed before the next Assistant or Comissioner, and every 
person that shall be found guiltye of wilfull and iniurious 
concealing of the said liste after demand thereof, shall pay a 
fine of five pounds to the publick treasurie of the Colonic, and 
be coniitted to the gaole untill he shall pay the said fine ox 



238 PUBLIC RECORDS [Jan. 

give siiflficient securitye to the said Assistant or Comissioner 
for payment thereof within such time as the said Assistant or 
Comissioner shall limit, with such damages as shall accrue 
thereby. 

The hearty thanks of this Court was given to his Hon'' Maj"" 
Gen^" Winthrop for his good service performed for this gov- 
[297] erment || in his late application to his Majestic on that 
behalfe. 

Voted and granted in Court that the souldiers left in Boston 
that were taken sick in the late expedition under Capt" Wil- 
liam Whiting should have wages paid them by the countrey 
till the company was disbanded, and have their charges born 
of transportation and of enterteinment and cure till they were 
well, and that William Scovie that was wounded shall also 
besides the charges of his transportation, enterteinment and 
cure, have wages paid to him till the last of March next. 

Voted and granted that Ensign Joshua Hogkis should 
recieve five pounds of the countrey in currant money, in con- 
sideration of a wound he recieved in the late expedition, 
whereby he finds himselfe disabled, and also be released from 
payment of rates to the countrey for his head for this present 
year. 

Att this Court the Hon^^if Maj'- Genrii Fitz John Winthrop, 
Maj"" Jonathsm Sellick and the Reverent M'' Gurdon Saltonstall 
are desired upon notice of the arrivall of his Excellencie the 
Earl Bellemont, to travail to Newyork, in the name of the 
Governour, Councill and Representatives of this Colonic, to 
congratulate the happie arrivall of his Excellencie ; and if 
either of the said gentlmen should through sicknesse or other- 
wise be incapacitated for that service, the[n] the worshiplull 
Capt" Nathan Gold is desired to accompanye the other two 
gentlemen and to joyn with them therein. 

Vpon advice from the Lords Comissioners of the Councill 
of Trade and Plantations for an amicable agreement between 
this Colonic and the Colonic of Rhode Island concerning the 
bounds of the two Colonies, this Court made choice of the 
Hon'^ie Maj'- Gen"-!' Fitts John Winthrop, Maj'' James Fitch, 
Capt" Dan^ Witherell, and the Reverent M^ James Noise, they 



1697-8.] OF CONNECTICUT. 239 

or the majr part of them, to be a comittee whoe are hereby 
authorised and umpowrf to treat with the persons that shall be 
deputed by the Colonic of Rhode Island, and by all such ways 
and means as in their wisdome they shall judge most conven- 
ient to indevour a fair and friendly settlement of the said 
bounds, and if need shall require with application to his lord- 
ship the Earl Bellemont for his assistance therein, according 
to the direction of the Lords CoiTiissioners.* 

This Court desired the Honb'^ Majr Genrii Fitts Jn" Win- 
throp with the Assistants resident in Hartford and the Rever- 
ent Mr Woodbridg-e and M' Saltonstall to draw a letter to 
send to the Lords Comissioners of Trade and Plantations to 
signifie the receit of the letters sent to the Govern'" and Com- 
pany from his xMajestie and their Lordships, with their thanks 
to his Majestic for his grace towards this Colonic. The letter 
to be signed by the Secretary in the name of the Govern'- and 
Gen '11 Assembly.! 

Ordered by this Court that the Councill appointed in Octobr 
last shall^ontinue till the next sessions of this GenrH Assem- 
bly in May next. 

Lieu< John Cristophers of Newlondon informing this Court 
that he is damifieql to the sume of seven pounds three shillings 
and sixe pence York money by the uninst sentence of the 
court at Newyork, upon pretence that the said Lieu' Cristo- 
phers did contrary to the peace of our soveraign lord the King, 
arrest the body of one George Rascarriack who behaved him- 
selfe in a violent manner in the town of Newlondon ; this 
Court being sensible that the said Lieu^ Cristophers is a 
great sufferer in a just cause and for attending his duty in 
that publick capacitye where he was then inguaged, being con- 
stable of the town, doe order that the said seven pounds three 
shillings and sixe pence shall be repaid to him in currant 
silver money of Newyork, out of the publick treasurie of this 
Colonic, and the Treasurer is hereby ordered to make pay- 
ment thereof. 



I, 



* In their letter of August 26, 1697. For. Corresp. I, 61, 64. 

t Th« draught of the letter in the handwriting of Mr. Saltonstall is in For. Corresp. 



240 PUBLIC HECOEDs [Jan. 

This Court acknowledging the good service that Hon'^^s 
Maj"" Genfi' Fitts John Winthrop hath done for the countrey 
in his late application to his Majestic on their behalfe, voted 
and granted to give his honi" a gratuitye of three hundred 
pounds currant silver money. 

This Court appoints the last Wedensday in February next 
to be kept a publick day of thanksgiving throughout this Col- 
onic, to give thanks to God for all his goodnesse, in speciall 
the restoration of peace to the English nation, and the successe 
and safe retu.rn of our agent ; and the Reverent M' Wood- 
bridge and M"" Saltonstall are desired to draw a bill for tliat 
end. 

Capt" William Whiting is desired and appointed by this 
[298] Court to goe into the || Province of the Massachusetts 
Bay to demand of M"" Thomas Holland and to recover of him 
satisfaction according to bond for moneys recieved by him of 
the said Capt" Whiting as agent in behalfe of this Colonic, 
upon bills of exchange by the said M"" Holland charged upon 
M"" Jno Tayler merchant in England, the said bills oftexchange 
being protested.* 

Ordered by this Court that the Treasurer shall deliver to 
Capt" Will Whiting twentie pieces of eight ^ut of the publick 
treasurie to bear his charges in his travail and the design he 
goes upon, to be returned to the treasurie again upon the 
recoverye of satisfaction from M'' Holland for the failure of his 
bills of exchange. 

Tlie Honbie Maj"" Gen'H Winthrop exhibited in this Court 
a letter from his Majestie to the Govern'' and Companye, bear- 
ing date Aprill 22'h, 97, also one from the Lords Coniission- 
ers of the Councill of Trade and Plantations of Febr. the 9th 
currant, and one from their Lordships off 

* The bond of Thomas Holland of New Castle, in the Province of New Hampshire, 
shipwright, to William Whiting for £611, 15, 4, Nov. 2, 1686, and his bill of exchange 
for £191, 3, 7, on Jlr. John Taj-lor, merchant at Byfronts near Canterbury in Kent, 
in favor of JLij. John Fitz Winthrop or Mr. Saml. Keed, is recorded in Col. Oec. of 
Deeds &c. II, 258, 259. 

t For. Corresp. I, 60. There is no letter from the Board of Trade either on file or 
recorded of the date of Feb. 9th, 1697-8. There is one from them of Feb. 23, 1697-8, 
accompanying the King's proclamation forbidding his subjects to enter into the ser- 
vice of foreign princes, and also requesting that copies of all the colony laws be 
transmitted, id. 99, 70. 



r 



1697-8.] OF CONNECTICUT. 241 

His Hon'' also delivered in Court certain writing concerning 
the affairs of this Colonic, viz. his Hani's coir.ission to solicitt 
the affairs of this Colonic with his Majestic and the Lords of 
his Councill, dated September the 2'', 1693, and his instruc- 
tions of the same date, also a letter of crcditt sign'J by the 
Treasurer for the supplye of his Hon'", dated Octob'' 25^, 1693, 
also a copie of the petition of Anne Dutchesse of Hamilton, 
and her claim to the Narragansitt countrey &c, liis Majesties 
order of reference to the Councill of Trade of Aprill 23'', 97, 
with the case of Anne Dutchesse of Hamilton stated, presented 
to his Maje^''' Aprill 22th, 97^ a memorandum delivered by the 
Earl of Arran to the Councill of Trade Aprill 29'h, 1697, also 
Sf Francis Pembertons opinion of the case of the purchasers 
and proprietors in Narrogansitt, Narrogansitt petition and 
orders of the Councill thereupon, May 2^, 1695, a copie of a 
memoriall to the Councill of Trade referring to the Dutchess 
of Hamiltons petition. 

This Court judging it very conducible to his Majesties 
interest and the comon benefit of his Majesties subjects in their 
speedy and comfortable passage over the river between Milford 
and Stratford, comonly called Stratford River, that another 
ferriman be appointed to transport travailers both horse and 
foot from the east side of the said river next Milford to the 
other side next Stratford, and from Stratford side towards 
Milford, at the place where the stated ferry now is, there being 
great complaints of trauailers against the said ferry as it is now 
managed, doe therefore hereby give full power and authority 
to the inhabitants of Milford to erect a ferry on the east side 
of the said river and to appoint a meet person to keep tlie 
same, furnished with a sufficient boat, and also (if they shall 
thinke meet) with a suitable cannowe for that service, who 
shall be allowed fare for that service according to law in that 
case provided and also have the free use of the accustomed 
wharf on Stratford side for landing and taking in of travailers 
as occasion shall require. 

Whereas it hath been represented to this Court that there 
are severall great inconveniences arising in Newlondon in 
collecting the ministers rate, which the Court is desirous to 
31 



242 PUBLIC RECORDS [Jail. 

reclresse, it is ordered by this Court and the authoritye thereof, 
that for the future it shall be the duty and office of the con- 
stable or consta1)les of the said town to collect the ministers 
rate, who are here])y required to attend that work and to 
collect such rates for the future, for the doing of which the 
said constable or constables are hereby invested with the same 
power that the law invests them with for collecting of the 
countrey rate ; which ministers rate so collected the said con- 
stables are hereby required to pay to the minister of the said 
place, and they are also hereby required in due time and sea- 
son to make up their accounts of the rates so collected and 
paid with the assistant or comissioner of the said town, who 
is hereby impowred and appointed to demand and receive the 
said account, and the said constable or constables to be allowed 
two p'' cent, out of the said rate for his or their jxiins in col- 
lecting the same ; and in case the said constables or either of 
them shall fail of their duty in either of the premises, they or 
either of them shall be lyable to the same penalties for their 
default which are by law incurred by the constables neglect of 
his duty in gathering the countrey rates and accounting there- 
fore ; and the Secretary is hereby required to issue out a war- 
rant under his hand in the name of the Govern'" and Gen""'' 
Assembly to the said constable or constables to attend the 
worke aforesaid. 



AtT a MEiiTING OF THE GoVERN" AND COUNCILL IN ITaRTFORI>, 

March 12^ 169|. 

Present: The Govern'' and Councill consider- 

The Govern" Hon'', ing the hand of God upon his people in 

Nathan'^ Stanley Esq*", great sieknesse and mortality, and also 

Capt"^ Caleb Stanley, in the sharpnesse and long continuance 

Will. Pitkin Esq\ of the winter season, whereby the eattell 

Maj'' Jonntha Bull, and stock of the countrey is much wasted. 

Lieu' James Treat, and more are in danger of |)erishing.* 

Capt'' Rob' Wells, doe appoint the fourth Wedensday in 



* The year 1697 was a year of great scarcity and mortality. The summer was 
cool and cloudy, — not a month without a frost in it, — the winter very long and 
severe. In February and March [1697-8J the snow was ver}- high and hard. There 
was a great cry for bread, — the cattle famishing in the yards for want, — the sickness 
very distressing and mortal. Those in health could hardly get fuel» '"•nd the sici< and 



1697-8.] OF CONNECTICUT, 243 

M"" John More, this instant month to be kept a publick 

M' Aaron Cook, day of fasting and prayer throughout 

and the Secref^. this Colonie. 

An order for a day of fasting was read 
and approved in Councilh 

The persons by name appointed by his Majesty to administer oath 
to the Governour to take all due care that the late Acts of Parliam* for 
incouragem* of Trade and Navigation, and preventing Frauds &;c, be 
duely observed, not being present, the Govern'' took the said oath in 
Councill, being administred to him by Nathan" Stanley Esq', Capf* 
Caleb Stanley, and William Pitkin Esq', three of the members of the 
Councill. 

Delivered to the Hon''* Govern' out of the office of record the dupli- 
cate of a letter from his Maje"'^ dated Aprill 22'^ 1G97. * 

Ordered by the Govern' and Councill that copies of such writings in 
the office of record as may be usefuU for the comittee appointed to treat 
with comissioners from Rhode Island about the Colonie bounds be 
forthwith sent to Maj' Gen'" Winthrop. 

Voted and ordered in Councill that the twentye fuzees that were 
sent from the goverraent in the Massachusetts Bay to Capt° Sam" 
Mason for the arming of the Indians to goe forth the sumer last past 
against the comon enemy, be returned to Maj' Walley and the other 
gentlerae from whome they were received. 

Ordered in Councill that tlie souldiers that were lately out under 
the comand of Capt" Willia Whiting and that were helpfull with their 
horses to their fellow souldiers in their return home, should be allowed 
a piece of eight a man out of the Colonie treasure for the use and 
service of their horses. 

Capt° Sam" Mason is desired and appointed by the Governour and 
Councill to joyn with the comittee appointed by the Generall Assem- 
bly to treat with the persons deputed by the Colonie of Rhode Island, 
in order to an amicable settlem' of the dividing line between the Colo- 
nies, and to assist in that service. 

Sent to Newlondon the 16"' instant by George Graves for the use 
of the comissioners appointed to treat with the Rhode Islanders, by 
order of the Councill, a letter directed to Maj' Gen'" Winthrop, also a 
copie of the old charter and the record of the purchase of M' Fen wick, 
also the act of the Generall Assembly of the 22"* of Jan'^ last, impow- 
cring the comittee, Colon" Hutchiiisons letter and papers, a copie of 
instructions formerly given to M' Richards, a return to Marquesse 
Hamiltons claim formerly sent from the Gen"^ Assembly to Gen'" 
Nickols, the Councills appointing Capt° Mason to be one of the 
comittee. 

bury the dead. Many suffered for v/ant of fire-wood and tendance. 3IS. of Gov. 
Roger Wolcott in Conn. Hist. See. 

Mr. Saltonstall's election sermon in May, 1697, refers to the unseasonable frosts of 
Jate and to sickness. The epidemic was perhaps an influenza. Webster, History of 
Epidemics, I, 210. 

* For. Corresp. I, 60. It relates to the enforcement of laws for the prevention of 
frauds in the plantation trade. 



244 PUBLIC RECORDS [May, 

[299] Att a Court of Election held att Hartford, May 
12'h, 1698.* 
Maj'' Gen" Fittz John Winthrop was chosen Govern''. 
Colon" Robert Treat, Dep* Governour. 
Assistants : 
Sam" Willis Esq"", Maj'" Moses Mansfield, 

Capt" Andrew Leet, Capt" John Hamlin, 

Capt" Sam'i Mason, Maj"" Jonathan Sellick, 

Capt" Dan" Witherell, Capt" Nathan Gold, 

W Xathan'i Stanley, M"" Willia Pitkin, 

Capt'' Caleb Stanley, M"" Joseph Curtis,! 

Capt" Joseph Whiting, Treasure?-. 
Eleazar Kimberly, Secrefy. 
[300] Reiyresentatives present: 

For Hartford, Maj"" Jonath" Bull, M^ Aaron Cook. 
For Windzor, Capt. Abraha Felps, M'" John Woolcutt. 
For Wethersfield, Capt^' Rob' Wells, Capt" John Chester. 
For Newlondon, M^ Richard Cristophers, Ens?" Nehemiah 
Smith. 
' For Saybrook, ]\I'' Nathan" Lynde, M"- John Whitlsey. 
For Lyme, Capt" Will. Eelye, Ensign Joseph Peck. 
For Derbye, Capt" Ebenez'' Johnson. 
For Midltown, Capt" Nathan" White, Sam" Bidwell. 
For Walling-ford, Serj^ John Merriman, Serj' Tho. Hall. 
For Norwich, Ensign Richard Bushnell, Serj' John Tracie. 
For Gilford, M"" Josiah Rossiter, Ensign Abraha Fowler. 
For Killinworth, Sam" Buell, John Griswold. 
For Rye, Mf Joseph Horton. 

For Haddum, Capt" George Gates, Dan" Braynard. 
For Stratford, M"" Richard Blackleech. 
For Branford, M-" William Malbie, Capt" Eleaz"" Stent. 
[301 j For Symsbury, Lieu' John Higley, Sam" Wilcockson. 

* And continued by adjournment to May 25th, post, merid. Windsor MS. 

t Williiim Jones Esq. now retired from the phice of Deputy Governor, being about 
74 years of :igt'. To supply the vacancies occasioned by tiie promotion of Fitz John 
V\ inthrup and the non-election of Major James Fitch, Samuel Wyllys, who had been 
left out at the election of 1693, once more reappears, and Mr. Joseph Curtis was chosen. 



1698.] OF CONNECTICUT. 245 

For Waterbury, Lieut Tho. Jiid. 

For Stoningto, Manassah Minor. 

For Newiiaven, M"" John Allin, M"- Jeremiali Osborn. 

For Farmington, Capt" Tho. Hart, Lieu* John Jud. 

For Norwalk, Sam" Hayse. 

For Woodbury, Tho. Minor. 

For Fairfield, Enss" Phihp Lewis, Nathan" Burre. 

For Glasscnbury, Eleazar Kimberly. 

For Milford, Capt" Tho^ Clerk, Lieut Sylvanus Baldwin. 

Whereas in the lawe concerning the Serj' Maj's power, in the 
printed lawes, page 51, it is said that it shall be in the power 
of the serjt maj'' and he is hereby ordered once a year to call 
all the comission officers of his regiment to meet at a time and 
place by him appointed, there to consult and consider together 
of the best way of managing of their militia affliirs for the best 
advantage, this Court upon further consideration see cause to 
repeal that clause in the said law, viz, And he is hereby ordered, 
&c. and the same is hereby repealed and made void; and it is 
ordered by this Court that for the future it shall be in the lib- 
erty of the serjt maj'" by his discretion, as he shall see occasion, 
to call the comission officers of his regiment together for the 
end aforesaid, any former law or usage to the contrary not- 
withstanding. 

There arising great inconvenience by the souldiers of per- 
ticular companies who upon disgust doe withdraw themselves 
from the company whereto they belong, and are listed into 
other companies and in perticular into the troop, whereby any 
one company may be dissolved ; for prevention whereof it is 
enacted by this Court that no souldier shall withdraw himselfe 
from the company whereto he belongs to list himselfe into the 
troop or elsewhere without liberty from his chief officer or from 
the countie court, upon penaltie of the forfeiture of fortie shil- 
hngs, which fine shall be to the use of the company to which 
he belongs. 

Ordered by this Court and the authority thereof, that no 
petition shall be heard or considered by tlie General Court 
where any other person or persons are concerned in the estate 
or thing in controversie, unlesse he or they have been sumoned 



246 PUBLIC RECORDS [May, 

as in other cases, and have also an attested copie of tlie petition 
given or offered to them at least five days before the petition 
[302] heard, and if upon the tryall of || the cause it doth ap- 
pear that either the petitioners or the person or persons cited 
doe or have given the other any uniust trouble, the party 
wronged shall be allowed his iust cost and damages as in 
other cases. 

For the prevention of frauds and other inconveniences re- 
specting estates left by deceased persons, be it enacted and it 
is hereby ordered and enacted by this Court and the authority 
thereof, that for the future after publication hereof whatsoever 
person or persons shall have the custodie or possession of the 
estate of any deceased person in this Colonic, and upon demand 
of the select-men of the place or their order where such estate 
shall be, shall refuse to expose the said estate unto the view 
of the aforesaid select-men or their order as aforesaid in order 
to apprizall for inventory, such person or persons so refusing 
shall upon complaint or proof of the same made to any one 
assistant or justice of the peace in the place or countie where 
such delinquent doth reside, be by the said assistant or iustice 
of the peace comitted to the comon gaole, there to remain in 
close prison at his or their cost and charge untill he or they 
shall give in or tender a true account of the estate of the said 
deceased in his or their possession. And further all and every 
such person or persons as aforesaid that shall refuse to make 
oath to the account of such estate as they doe expose to appri- 
zall as aforesaid, shall be imprisoned as aforesaid. And all 
apprizers of such estate beforementioned shall be under oath. 

Also all persons in this Colonie that shall take upon them 
the work of administration upon the estate of any deceased 
person shall give bond to the satisfaction of the court that 
grants administration for a fiiithfull discharge of that work. 

Complaint being made in Court that posts and other travail- 
ers meet with great difficultie in journeying as they passe 
through this Colonie, especially in the township of Stonington, 
which difRcultic doth arise either for want of stated highways 
or for want of clearing and repairing highways where stated, 
and erecting and maintaining sufficient bridges where need 



1698.] OF CONNECTICUT. 247 

requires ; for remedye whereof the select-men in eacli town in 
this Colonic situate in the accustomed roads are hereby re- 
quired upon sight or publication hereof forthwith to take 
effectuall care that as convenient highways as may be for the 
advantage of posts and other travailers in their journeying as 
aforesaid be laid out through their severall townships, and 
being laid out that they be sufficiently cleared and made good 
with sufficient causeis and bridges as need shall require, to be 
always kept in good reparation according to lawe with marks 
erected for direction of travailers where ways part. And the 
said highways are to be always kept open unless such as passe 
through antient couion fields, or unlesse the Gen'" Court or 
the countie court of that countie in which the highway is situate 
[303] order otherwise ; || and where there shall be a necessity 
for enclosing any highway by this act intended (which is never 
to be done but upon the conditions and limitations before- 
mentioned) in such case the said select-men are hereby re- 
quired to take effectuall care that sufficient and suitable gates 
be sett up and maintained for the ease and conveniencie of 
travailers and carriers of burthens. And this order is to be 
attended and promoted by all persons concerned, in all the 
parts of it to effect within the space of one month after sight 
or publication hereof upon the penaltie of the forfeiture of ten 
pounds to the publick treasurie of this Colonic, and so ten 
pounds p"" year for ever after upon continuance of such default, 
to be levied upon the inhabitants of such town in generall or 
their select-men or other officers in whome default shall be 
found to the damage and losse of travailers, all defaults therein 
to be heard and determined by the respective countie court of 
that countie wherein such default shall be found, upon com- 
plaint or information there made and given in. 

And the.worshipfull Capt" Sam" Mason, Capt" Dan" With- 
erell, and Ensign Nehemiah Smith, are hereby desired and 
impowred upon the failure of the select-men of Stonington or 
any of the towns that are in the countie of Newlondon, by all 
lawfull ways and means, and at the charge of the town in 
which the highway lies, effectually to procure that the high- 
ways through the severall townships in the said countie be 



248 PUBLIC RECORDS [May, 

speedily and effectually regulated for the convenience of trav- 
ailers as is before directed. 

Whereas complaint hath been made to this Court that some 
ferrimen in this Colonic, and in p'"ticiilar those that keep Say- 
brook ferry, doe demand and recieve of passengers a greater 
sume for their ferrige then the law allows them, this Court 
considering the unrighteousnesse thereof and willing to pre- 
vent the same, doe order and enact that for the future every 
person that keeps a ferry in this Colonic who shall demand 
and recieve for the ferrige of a man and horse more then the 
law doth allow him for the same, he shall for every such de- 
fault forfeit the sume of twentie shillings, one lialfe to the 
complainer and the other halfe to the publick treasurie of this 
Colonic, provided it be complained of and prosecuted within 
one month after the offence comitted, any one assistant or 
iustice of the peace to hear and determine the same. 

Whereas the killing of deer at unseasonable times of the 
year hath been found very much to the preiudice of the Colo- 
nic, great numbers of them having been hunted and destroyed 
in deep snowes when they are very poor and big with young, 
the flesh and skins of very litle valine, and the increase greatly 
hindred : be it therefore enacted by the autliority of this Court, 
that if any person or persons whatsoever within this Colonic 
from and after the fifteenth of Jan^y one thousand six hundred 
ninetie eight till the fifteenth of July one thousand sixe hundred 
ninetye and nine, and so from the fifteenth day of January to 
the fifteenth day of July following annually forever hereafter, 
shall any ways whatsoever kill any buck, dowe, or fawn, such 
person or persons shall forfeit the sume of twetie shillings for 
the first offence, fortie shillings for the second offence, and 
three pounds for the third offence, and so for every offence 
after, one moietye thereof to the publick treasurie and the 
other moiety to him or them that shall inform or sue for the 
same in any court of record. And if any persons offending as 
aforesaid, shall not have wherewithall to pay their fines, they 
shall for their first offence worke ten days, for the second 
offence twentie dayes, and for the third offence thirtie dayes 
as shall be directed by the authority before whome the cause 



1698.] OF CONNECTICUT. 249 

shall be heard and determined, to be imployed for the uses 
aforementioned. 

And if an}^ venison, skin or skins of any buck, doe or fawn 
newly killed, shall at any time or times in the aforesaid months 
wherein they are by this act prohibited to be killed, be found 
with or in possession of any person or persons whatsoever, 
such person or persons shall to the intent of this act be held 
and accounted in the lawe to be guiltye of killing deer (con- 
[304] trary to the intent of this act) || as fully as if it were 
proved against such persons by sufficient witnesse viva voce, 
except such person or persons doe bring forth who was the 
person, or who were the persons that killed the same. 

The Deputies from the severall townes are appointed to 
informe the Indians of this lawe that doe inhabit in their 
respective townes, and to indevour to procure their consent 
and inguagemt to observe the same, and to take the names of 
all those Indians that doe inguage their observance thereof. 

Ordered by this Court and the authority thereof, that the 
law made Octobr the twelfth one thousand sixe hundred and 
eightie two respecting the payment of debts in specie shall 
stand in full force, for all personall estate and land to passe by 
apprizem^, according to the laws now in force. 

Whereas in the law, title Impost, it is ordered that whatso- 
ever wine or liquors are brought in and landed in any part or 
port of this Colonic, except what is landed for transportation, 
shall pay impost or custome as in the said lawe is appointed ; 
this Court now orders that the said impost or custome ordered 
to be paid for wine and liquors, shall be paid onely for such 
wine and liquors as are brought from some port where such 
commodities are not raised, but such wine or liquors as are 
brought from the countreys where they are raised shall be free 
from such custome or impost. 

Ordered by this Court and the authoritye thereof that there 
shall be paid to the publick treasurie of this Colonic for the 
support of the goverm* and defraying the incident charges 
thereof an excise upon all wines, brandy, rhum, and other dis- 
tilled liquors, cyder and metheglin, that shall be sold by retail 
in any town or place in this Colonic, by those that shall retail 
32 



250 PUBLIC RECORDS [May 

the same, in manner and forme as is hereafter expressed, that 
is to say, for all wine, rhum, brandie and distilled liquors four 
pence p"" gallon, for all cyder twelve pence p"" barrell, for all me- 
theglin two pence pt" gallon all in currant money of this Colo- 
nic, and after that rate for any greater or lesser quantities. 
And for the due and orderly collecting and recieving of the 
excise aforesaid it is hereby further ordered by the authority 
aforesaid, that all retailers of rhum, brandie, and other distilled 
liquors, wine, cyder, and metheglin, within this Colonic, having 
any of the said liquors in their respective houses or elsewhere 
belonging to them at the time of publishing this act, shall 
make due entrie and pay the duties aforesaid for the same as 
is hereinbefore mentioned, and upon their further receit and 
purchase of all or any of the liquors before mentioned, shall 
within twentie and four hours after the receipt or purchase 
thereof make entrie with such persons as are appointed to re- 
cieve and collect the same and pay the duties aforesaid under 
the penaltie of the forfeiture of such strong drinke or liquors as 
shall be found in any retailers house, not being duely entred and 
the excise paid as aforesaid. And it shall and may be lawfull 
for the officers appointed to enter into any retailers house in 
the day time so often as they shall think fitt or into any retailers 
cellar or warehouse to search for any such wines or liquors &c. 
[305] as are not duely entred nor the excise || paid for the same, 
and such wine and strong drink to seize and secure in order 
to a triall. Provided always that it shall be in the power of 
the officers appointed, to aggree with any retailer for the excise 
for one whole year, and to recieve it quarterly, as they in their 
discretion shall thinke fitt to agree. Tliis act to continue and 
remain for one whole year and no more, any thing therein 
conteined to the contrary in any wise notwithstanding. 

Ordered by this Court that the souldiers that beloi:^ to the 
train bands in the severall plantations in this Colonic shall not 
be compelled to train above four dayes in the year, any former 
law or usage to the contrary notwithstanding. And if any 
captain or other chief comission officer of any train band shall 
neglect to call his souldiers comitted to his charge together to 



1698.] OF CONNECTICUT. 251 

train them four days in the year, he shall forfeit the siime of 
fortie shillings for every days default. 

Ordered by this Court and the authority thereof, that for 
the future no person that is a judge or justice of the peace 
sitting in countie court shall be clerke of the said court. 

Whereas in an act past in this Court, May 14:^^, 1696, it is 
provided that all forreigners that come to trade in any part of 
this Colony, shall before the sale of their goods make entry, 
and pay two p"" cent, to the publique treasury &c, for explana- 
tion of the said act, it is hereby declared by this Court and the 
authority thereof, that by the terme forreigners is intended 
and to be understood all persons that are not inhabitants in 
this goverment, and that clause in the said act requiring all 
such persons to pay two p"" cent, is hereby repealed ; and it is 
now ordered by this Court and the authority thereof, that for 
the future, all such persons coming into this Colonic to trade 
before sale of any goods shall pay twelve shillings and sixe 
pence p'' cent, and no more for every hundred pounds worth 
of goods brought for trade, at the valluation in the said act 
mentioned, and so proportionably for greater or lesser quanti- 
ties, one fift part whereof shall be to the person that enters the 
said goods and the remaind"" to the countrey treasurye. 

This Court desire th and appointeth the worshipfull Sam^i 
Willis Esq'", and Capt" Caleb Stanley to return the thanks of 
this Assembly to the Reverent M"" Timothie Woodbridge for 
his great pains in preaching the election sermon. 

This Court declared their approbation of what hath been 
acted by the Councill since Octob'' last. 

A letter bearing date March 7'^, 1697, from Lieu* Govern^ 
Stoughton was read in Court, also a letter from M"" Grindall 
Rawson to our Hon""*^ Deputie Governour in behalf of M"" 
Sabin of Woodstock. 

Also a letter from his Lordship the Earl of Bellomont, with 
a copie of a letter from the Lords of the Councill of Trade to 
his lordship.* 

* The Earl of Bellomont arrived at New York April 2, 1698, having been driven off 
the coast by violent storms. In liis letter dated May 6th, (Col. Bound. II, 148,) he 
thanks the Governor and Council for the kind welcome they had given him into this 
country, regarding the favor as much heightened by the appointment of three such 



252 PUBLIC RECORDS [Majr, 

Ordered by this Court that the dividing line between the 
towns of Fairfield and Norwalk, aggreed upon and consented 
to by the coifiittees of the said towns, as appears by an instru- 
ment bearing date Dec:mb'" 14^^, 1697, given under the hands 
and seals of the said coffiittees, shall be and remain forever to 
be the dividing line between the said towns. The above men- 
tioned instrument is recorded at large in book number D., foL 
246, 247.t 

Lieu' Stephen Bradley was by this Court confirmed Capt" 
of the train band in the town of Gilford, Ensign Abraham 
Fowler, Lieu', and Nathan^^ Stone Ensign, and to be comission- 
ated accordingly. 

Lieu* John Higlye was confirmed Capt" of the train band in 
the town of Symsbury, Ensign Tho. Barber Lieu*, Serj' Sam'^ 
Vmphries Ensign, and to be comissionated accordingly. 
[306] Lieu*^ James Judson was by this Court confirmed 
Capt" of the trainband in the town of Stratford, Ensign Thomas 
Knowles Lieutenn% Serj' John Coe Ensign, and to be comis- 
sionated. 

This Court frees Josiah Whitmore of Milford from all pub- 
lick charge for his head in consideration of his lamenesse and 
disability of body. 

Ordered by this Court, that William Scovie that was wounded 
in the late expedition to the eastward, shall be placed with 
some able surgeon and be maintained at the countrey charge 
till he is cured, and Capt" George Gates and Mf Dan^^ Brain- 
ard are appointed to take efFectuall care that this order be 
attended. 

This Court upon the request of the select-men of the town 
of Branford doe impower them with the advice and assistance 
of Peter and Francis Tyler of said Branford, to malce sale of a 
house and barn with abovit halfe an acre of home lot belonging 
to Charles Tyler (who hath been for a considerable time and 
still remains a distracted man) for the paym* of his debts 
already contracted and for his farther maintenance as need 

worthy persons as Maj.Gen. Winthrop, Maj. Selleck,aiid the Rev. Mr. Saltonstall, aa 
bearers of tlieir letter The letter from the Lords of the Council of Trade relates to 
the towns of Rye and Bedford, and the copy of it is in For. Corresp. I, 65. 
t The original is in Towns and Lands, II, 66. 



1698.] OP CONNECTICUT. 253 

shall require, and to exchange halfe an acre of his home lott 
for as much land elsewhere adioyning to his home lott that 
may be convenient to build on. 

Capt" Nathan^^ White is by this Court appointed to joyn 
with Ensign William Cheenie in laying out to the heirs of the 
Reverent M"" Jn^ Woodbridge deceased the land formerly by 
the Generall Assembly given to him Octob"" 12'^, 1671, the 
person formerly appointed to assist Ensign Cheenie being dead. 

This Court confirmes Serj^ Sam^^ Wells Capf^ of the train- 
band in the town of Glassenbury, Serj' Sam^^ Hale Lieu^, and 
Ephraim Goodrich for their Ensign, and to be comissionated 
accordingly. 

This Court grants liberty and full power to Elizabeth Holt, 
widow and relict of Joseph Holt late of Wallingford deceased, 
to make sale of twentie five ac^ of unimproved land belonging 
to the estate of her deceased husband, for the payment of a 
debt due from the said estate. 

Marie Morehouse of Fairfield, widdow, as she is administra- 
trix to the estate of her deceased husband Thomas Morehouse 
late of the said town of Fairfield deceased, making application 
to this Court for liberty of making sale of some lands belong- 
ing to the aforesaid estate for the paym' of legacies due from 
the estate of her said husband (as he was execute to his fathers 
last will) to some relations of his, and also just debts due from 
her said husbands estate, this Court grants her liberty with 
the advice of the countie court at Fairfield to make sale of so 
much of the said lands as will answer the said legacies and 
such debts as were contracted before the said Thomas his 
death, it being made to appear to the said court what they are 
before sale be made. 

This Court made choice of Capt" Sam'^ Mason, M"" William 
Pitkin, M"- John Chester, M^ John Woolcutt, M-- Will Malbie, 
to frame such 'bills as they shall judge needfull either for 
[307] emendation of || lawes formerly made, or for making 
other lawes that are now wanting in the goverment and to ex- 
hibit the same in Court. 

This Court confirmes Lieu* Jonathan Bell Capt" of the train- 
band in the town of Stanford, M"" David Waterbury to be their 



254 ■ PUBLIC RECORDS [May, 

LieuS and M"" Sam" Hoyt to be their Ensign, and to be comis- 
sionatcd accordingly. 

Auditors of the countrey accounts appointed are M'' Joseph 
Curtis for Fairfield countie, M-" John AUin for Newhaven 
countie, Capt" Dan" Witherell for Newlondon countie, M"" 
John Chester for Hartford countie. If any one of the said 
auditors should fail, M"" Will Pitkin is appointed to supply his 
place. 

This Court frees Dan" Cone sen>^ from paym* of rates to the 
countrey for his head. 

Ordered by this Court that the souldiers inhabiting on the 
east side of the great river in the township of Hartford shall 
be a distinct trainband, and that the souldiers on the west side 
of the s*! river be divided equally under the comand of the 
respective military officers. May Jonathan Bull is by this 
Court appointed to regulate the division. 

Vpon the petition of the administrators of the estate of 
Thomas Aplegbee late of Woodbury deceased, this Court 
grants the said administrat'"^ full power to make sale of his 
lands so farre as is needfull for the payment of his iust debts, 
there not being personall estate enough to doe it. 

This Court grants liberty to William Rowlandson of Fair- 
field, as administrator to the estate of Benjm" Banks of the 
s^ town of Fairfield deceased, to make sale of a parcell of 
land belonging to the said estate lying in a place called Sasqua 
field to the number of about three ac^ 

It is ordered by this Court and the authority thereof that 
the ferry at Saybrook shall be allowed one shilling in money 
p"" time for horse and man in the months of Decemb'', Jan^ 
and February, and at no other time, notwithstanding any 
former lawe to the contrary. 

A petition was exhibited in Court in the name of Abigail 
Burre, widdow and relict of Dan^i Burre late of Fairfield de- 
ceased, manifesting her dissatisfaction with the act of the Geni^ 
Court in October last, whereby they did order that two S'^s of 
such estate as did remain yet undisposed of by the last will 
and testament of the said Dan'i Burre should be distributed 
to the eldest sonne and one third part thereof to the eldest 



1698.] OF CONNECTICUT. 255 

daughter of the said Dan^Burre, desiring the Court to explain 
their said act. The Court having considered the petition and 
pleas of the petitioner, doe declare that it is not the intent of 
the said act, neither is it to be understood or interpreted so as 
to barre the relict or any of the children of the said Dan" 
Burre claiming interest in the said estate undisposed by will 
from a legall prosecuting their claim to the same or any part 
thereof in a due course of lawe* but they have freedome and 
liberty in that behalfe to all intents and purposes ; and the 
widdow to remain in quiet possession of what was settled upon 
her by the Court of Assistants till elected by lawe. 

Ypon the desire of the military officers of the train band in 
Windzor and the souldiers on the south side of the riverett, 
this Court doth referre it to May Jonathan Bull and the said 
military officers, if they doe judge it most conducible to peace, 
to direct and lead the souldiers of the said train band to a free 
choice of their officers. 

There being some difficultye about the late choice of officers 
for the troop in the countie of Hartford, this Court doth 
hereby order Capt" Joseph Whiting Capt" of the troop, to call 
his troop together to a hew choice. 

This Court confirmes Lieu* Thomas Stoughton Capt" of the 
train band in Windzor on the east side of the great river, and 
Serjt Joshua Willes to be Lieu*, and to be comissionated ac- 
cordingly. 

This Court, upon the desire of M-^^ Jemimah Chester, wid- 
dow and relict of M"" Stephen Chester late of the town of 
[308] Wethersfield deceased, doth grant || to her full power 
to ratifiie and confirme to John Francis of tlie said town two 
ac" and a halfe of meddow land formerly sold to him by her 
deceased husband. 

Capt" Timothie Phelps of the town of Windzor made his 
application to this Court by way of complaint against a late 
act of the townsmen of Windzor concerning their conion fence, 
bearing date Aprill 15'^, 1698, which said act he affirmed to 
be to his great damage and petitioned for relief against it. In 
answer to the petition of Capt^ Timothie Phelps of Windzor, 
this Court doth order that the encombrance laid upon his land 



256 PUBLIC RECORDS [May, 

by the selectmen of the aforesaid town shall be taken off, and 
doe hereby declare his said land to be under the circumstances 
which it formerly was, and this Court doth award the present 
selectmen as such to pay unto the said Capt" Phelps the sume 
of twentie shillings in money for the cost of prosecuting his 
petition and the cost of his attendance in this Court. 

Vpon sundry reasons given by Lieu' Allin of Windzor, one 
of the selectmen, w^hy Capt" Phelps should not have his cost, 
this Court doth reverse their abovesaid award of twentie shil- 
lings to Capt" Felps. 

Lieu* Mathew Allin desiring this Court to explain a clause 
in their late act in answer to the petition of Capt" Tim. Phelps 
and his complaint against a late encombrance laid upon his 
land by the townsmen of Windzor wherein this Court did order 
his land should be under the same circumstances as formerly ; 
in answer thereunto this Court doth declare tbat the true in- 
tent and meaning of their said order is that the said Capt" 
Phelps his land should be under the same circumstances it was 
iiTiediately before the agrcem^ last made between Capt" Phelps 
and his neighbours about fencing their land which was exhib- 
ited in Court under hand and seal. 

This Court appoints M^ John Woolcutt and Capt" Abraham 
Phelps to take effectuall care that the field which is likely to 
be laid open by reason of the act of this Court wherein Capt" 
Tim. Phelps was concerned, be secured by preserving and con- 
tinuing the fence in the place where it now is for this present 
year, and whatsoever damage Capt" Phelps shall sustein there- 
by shall be paid to him by the proprietors of the lands inclosed 
according to each persons proportion of improved land. 

Ordered by this Court, that all those that doe now inhabit on 
the east side of the great river in the township of Windzor and 
those who shall hereafter inhabit there shall pay their equall 
proportions with the rest of their neighbours for the mainten- 
ance of the worship of God in that place so long as they shall 
there inhabit. 

Ypon the advice of the Reverent M"" Chancie of Stratford, 
this Court grants licence to M'" Sam'' Wood of Danbury to 
practise phisick and surgerie. 



1698.] OF CONNECTICUT. 257 

Vpon the motion of Capt" Thomas Hart of Farmington, this 
Court doth appoint Capt" John Higlcy and W Sam" Wilcock- 
son, both of Symsbury, to lay out to the heirs of M'' Stephen 
Hart a tract of land granted to him by this Court May 8^^, 
1673. 

This Court grants that the Reverent M^ Dudley Woodbridge 
[309] II pastor of the church in Symsbury, shall have two 
hundred ac'^ of the countrey land, and Capt" Thomas Hart of 
Farmington, Capt" John Higley and Sam" Wilcockson of 
Symsbury are appointed and impowred by this Court to lay 
out the said land to him where it may not preiudice any 
former grant. 

This Court confirraes Lieu' John Chester Capt" of the train 
band in Wethersfield at the south end of the town, Ensign 
Joshua Robbins to be their LieuS and Serj' Jonathan Borman 
to be their Fjusign, and to be comissionated. 

This Court grants liberty to the Suncsquawe in Midletown 
to sell halfe an acre of her land in the said town to some in- 
habitant there. 

This Court orders that a warrant be issued forth for the 
countie marshall to sett out and deliver to Lieut Mathew Allin 
of Windzor the one hundred pounds in land adiudged to him 
out of his fathers estate by this Court in May, 1697, according 
to the distribution thereof made by M-^ William Pitkin and 
M"- Jn° Chester by order of the said Court. 

Vpon the return of the comittee appointed in October last 
to enquire into the abihtye of the inhabitants of Haddum to 
maintain two ministers, Capt" George Gates appeared in Court 
to prosecute his petition formerly exhibited in behalf of the 
inhabitants of Haddum that dwell on the east side of the great 
river, that they might imbody in church estate in a distinct 
society ; the said comittee informing the Court that they canot 
find that the inhabitants of Haddum are able to maintain two 
ministers, doe not see cause to grant the said petition as yet, 
but doe advise the petitioners to indevour a loving and chris- 
tianlike unitye with their brethren in the worship of God upon 
such termes as may be for their mutuall comfort. 

Our Governour elect being returned from Newyork, our 
33 



258 PUBLIC RECOEDS [May, 

Hon'"<^ Deputy Govern'' and Genf^i Assembly made choice of 
Capt" Dan" Witlierell, Majf Jonathan Bull, Capt" Caleb Stan- 
ley, and M"" Richard Blackleech, in their name to congratulate 
his safe return, and to signifie to his Hon"" their hearty desire 
of his presence, and to give him an honourable inuitation 
to come and take his place as our Govern^ in Generall 
Assembly. 

The Honbie Maj^ Gen'" Fitz John Winthrop taking his seat 
in the Gen'"^! Assembly continued by adiournm*, did May y^ 
20th ii^ the presence of the whole Assembly take the Govern" 
oath, it being administred to him by our Hon'"'' Deputy 
Govern "■. 

His Hon'^ also took the oath required to be taken by all his 
Majesties Govern''^ in his plantations in America, to take 
effectuall care that the acts of Parliament concerning trade 
and navigation &c. be duely observed, being administred to 
him by three of the members of the Councill according to his 
Maje^''^^ coihission bearing date May the first in the ninth year 
of his Majesties reign. 

Capt" Willia Whiting is by this Court confirmed Captain of 
the troop in the countie of Hartford, M.'^ Dan" Hayden to be 
Lieut, M"" Thomas Wickham to be Cornett, and to be corais- 
sionated &c. 

Jacob Deming having been sorely wounded in the countrey 
service in firing the great guiies in Hartford (by order from, 
the Govern^ and Councill when the peace was proclaimed) 
whereby he hath susteined great losse and damage, this Court 
orders that he shall recieve out of the countrey treasurye the 
sume of ten pounds cash, to be paid to him by the treasurer in 
consideration of his losse and damage susteined. 

This Court grants to Capt'^ Ebenezar Johnson size pounds 
in cash in consideration of money expended by him at Albania 
out of his own estate to satisfie for damage done by the soul- 
diers under his comand when he was there, and also to satisfye 
him for the losse of a horse recieved of the treasurer in part of 
pay for his service, and afterwards recovered out of his hands 
at lawe in the countie court in Fairfield. 

This Court upon the petition of Marie Burre, widdow and 



1698.] OF CONNECTICUT. 259 

relict of Sam" Burre late of Fairfield deceased, give her full 
power to coiifirme the sale of the house and homelott of her 
[310] deceased husband, which was made by him in his 1| life 
time and for which he recieved a considerable part of the pay. 

This Court grants full power to John Vmphries of the town 
of Symsbury, sone of John Vmphries late of the said town 
deceased, to confirme a division of land and housing agreed 
upon and concluded between the said John Ymphries deceased 
and Sam" Vmphries in the life time of the s^ John Vmphries, 
and also to confirme a bargain of exchange of land formerly 
made between the said John Vmphries deceased and Peter 
Buel of the said town of Symsbury. 

Lyberty was granted to M^ Richard Cristophers May 21st, 
by reason of his earnest occasions to withdraw to his own hab- 
itation. Capt° Ebenezar Johnson also had the same hberty 
granted to him. 

Capt" Sam" Mason is by this Court appointed to assist the 
committee formerly chosen to treat with the Rhodeislanders, 
also Mr Richard Cristophers in the room of Maj'' James Fitch. 

Ordered by this Court that the Deputies that stay at the 
Court till the Court is ended shall be allowed two shillings 
and sixe pence p-^ day in cash for every day they shall attend 
after the ninth day of the Court. 

This Court grants full power to Lydia Wilson, widdow and 
relict of John Wilson late of Hartford deceased, to confirme 
an exchange of land made between her deceased husband and 
Edward Cadwell of the said town in her deceased husbands 
life time. 

Severall ministers in the countie of Fairfield declaring them- 
selves unsatisfied with a late lawe concerning ministers main- 
tenance, this Court referres the consideration of the matter to 
the Gen""!! Assembly in Octob"" next. 

A Co mission for the Justices was read and approved in 
Court, also the Justices Oath.* 

* The form of the Oath for Justices of the Peace is found in the Stanly MS. with 
the acts of this session. It is as follows : — 

You A. B. swear by the name of the everliving God that as Justice of the Peace in 
the county of H. according to the commission given, you shall dispence justice equally 
and impartially in all cases, and do equal right to the poor and to the rich after your 



260 PUBLIC RECORDS [May, 

Voted, granted in Court that the justices power shall reach 
through the whole countie in which they are justices. 

The Assistants and sworn Justices in the severall counties 
are by this Court appointed and impowred to administer the 
justices oath to those that are appointed to that trust in their 
respective counties; and Maj"" Moses Mansfield is appointed to 
take effectuall care that the justices of the countie of New- 
haven be all sworn, and Capt" Dan^^ Witherell to take effectuall 
care that the justices in the countie of Newlondon be all sworn, 
and Capt" Nathan Gold is appointed to take the same care 
concerning the justices in the countie of Fairfield, and the 
Worshipfull M"" Willis to take care that the justices in Hart- 
ford countie be all sworn. 

Ordered and enacted by tliis Court and the authority there- 
of that the Marshall of this Colonic shall be called the High 
[311] Sherriff, and so reputed || to be to all intents and pur- 
poses, and the countie marshall in like manner the Coimtie 
Sherriff. 

Justices appointed for Hartford Countie. 
M"" Thomas Hooker, Lieu* James Treat, 

M'' Jn" Hains, of the Quoru., Capt" Nathan'^ White, 

Capt" Dan" Clerk, M"" Eleazar Kimberly, 

Mf Henr Woolcutt, of the Quoru., Capt" John Higley, . 
Capt" Tho. Hart, of the Quoru., M^ Joshua Riplye, 
Capt" John Chester, of the Quoru., hion^ Tho. Jud. 

Justices appointed for the Countie of Neivhaven. 
M"" Tho. Trowbridgsen^,o/^7je Quoru., Capt" Tho. Yale, 
Capt" Tho. Clerke, M"- Jerem. Osborn, 

M'' Josiali Rossiter, of the Quoru., M^ John Allin, 
M"" Will Malbie, of the Quoru., Capt" Ebenez'' Johnson. 

best skill, according to law; and you shall not be of council in any quarrel that shall 
come before you: you shall not let for gift or other cause, but well and truly you shall 
do your office of justice of the peace in that behalf, taking only appointed fees; and 
you shall not direct or cause to be directed any warrant by you to be made to the 
parties, but shall direct it to the sheriff, his under sherift', or other officers proper for 
the execution of the same in the county, or to some indifferent person; and this you 
shall do without favor or respect of persons : So help you God. 

It is almost identical in form with the oath found in the revised laws printed in 
1702, the most material difference being that in the latter, the word " Constable" is 
found before the words " or other officers proper for the execution of the same," and 
this may have been an omission in transcribing by Capt. Stanly. 



1698.] OF CONNECTICUT. 261 

Justices appointed for the Conntie of Fairfield. 

Lieu' John Wakeman, of the Capt" James Olmstid, of the 

Quoru., Quoru., 

Capt" Mathew Sherwood, M"- Sam" Peck, 

M"- Richrd Blackleech, of the M^ Dehverance Brown, 

Quoru., Capt" Jonathan Bell. 
Capt" John Minor, 

Justices appointed for Newlondo Conntie. 
U' Richard Cristophers, Quoru., M-- Tho. Stanton. 

Capt" Benjamin Bruster, Ensig. Nehem. Smith, 

Mr Nathan" Lynd, of 7/' Quorum, Lieu* Hen'' Crane, 

Capt" Will Eelie, o/y° Quorum, M'' Dan^^ Taylor. 

M"" John Tracie, 

Will Jones Esq-^ is by this Conrt appointed Judge of the 
conntie court in Newhaven countie, and in his absence Maior 
Moses Mansfield. 

Nathan'^ Stanley Esq^" is by this Court appointed Judge of 
the countie court in Hartford countie. 

Majr Jonathan Sellick is by this Court appointed Judge of 
•the countie court in Fairfield countie, and in his absence M"" 
Joseph Curtis. 

Capt" Dan" Witherell is by this Court appointed Judge of 
the countie court in Newlondon countie ; the judge with the 
justices of the quorum in y^ countie or any three of them to 
keep the countie courts. 

This Court referres it to the Govern'' and Councill to pre- 
pare against the next Generall Assembly a bill for the stating 
of fees belonging to the severall offices in this Colonic. 

2. A bill for the regulating of courts of justice, both supe- 
rior and inferior, respecting lawes and orders. 

3. A bill for direction and limitation of the lawes of Eng- 
land, how farre to be in force here. 

4. To prepare bills for the stating of methods for the raising 
of money for the defraying of the charge of the goverment and 
regulating of publick expences. 

5. To consider of such other good lawes that may be for the 
good of this Colonic and that tend to the suppressing of vice 



262 PUBLIC RECORDS [May, 

and incouraging of virtue, and for methodizing and regulating 
those alread}'' made. 

This Court leaves it to the Govern'' to appoint and comis- 
sionate collectors for the gathering all the excise which shall 
grow due in the respective counties to the publick treasurie. 

This Court doth order and appoint M"" Josiah Rossiter and 
Capt" Stephen Bradley to lay out to M^s Marie Elliott and 
Lieu*^ Abraham Fowler of Gilford severall grants of land for- 
merly granted to the Reverent M"" Joseph Elliott deceased, and 
to M«' John Fowler deceased, they attending the tenour of such 
[312] grants ; also || grants of land to Deacon Will Johnson, 
Lieut Will Seward, Capt" Jn" Graves, and John Stone, or to 
the heirs of the said grantees, according to the tenour of the 
said grants. 

According to his Maje^'es order a proclamation prohibiting 
his Maje^'es subiects to enter into the service of forreign princes 
and states, bearing date the 28th (jay of Jan^y, 1697, in the 
ninth year of his Majesties reign,* was published in Hartford, 
by Capt" Will Whiting, High Sherriff of the Colonic, on the 
25* day of May, 1698. 

This Court grants full power to Ruth Clerk, widow and 
relickt of Joseph Clerk late of Hartford deceased, to confirme 
the sale of one acre of land being part of the homelott of the 
said Joseph Clerk and sold by him in his life time. 

Ordered by this Court that it shall be in the power of the 
Governour, and in his absence of the Deputye Governour, with 
the advice of the Councill, and in the want of a sufficient 
number of Assistants to make a Councill, with the advice of 
such Assistants as shall be present, with so many of the Depu- 
ties as the Govern'" or Deputy Govern^ shall think fitt to call 
to Councill, upon any sudden exigent to raise men and to send 
them forth for the succour and relief of the neighbour Prov- 
inces of Massachusetts and Newyork, if invaded, and also to 
act in all affairs that concern the preservation of the rights 
and priviledges of his Majesties subiects in this corporation, 
pi'ticularly respecting the differences with Rhode Island about 

* Foreign Correspoudeiice, I, 69. 



1698.] OF CONNECTICUT. 26B 

the dividing line, [and] the composing any matters depending 
concerning the towns of Rye and Bedford. 

Lieu"- Francis Whitmore petitioning this Court Octob'" last, 
informing that he hath disbursed a considerable estate in 
building of a bridge over the ferry river at Midletown and that 
he hath recieved but about fiftie pounds from perticular per- 
sons for the erecting of the said bridge beside what he hath 
recieved from the publick treasury, ordered to him out of the 
countrey rate, and said Whitmore renewing his petition at this 
Court that he may be reimbursed of his money laid out and 
expended or to have the benefit of the bridge in his own hands, 
making the same a toll bridge ; this Court grants liberty to 
Lieut Whitmore to take toll for the bridge which he hath built, 
he returning the money which he hath recieved from perticu- 
lar persons for the use aforesaid, and in consideration of all 
those which passe upon the countrey service, shall passe free, 
and also all ministers of the gospel to passe free on ace* of 
what he hath recieved from the countrey, he the said Whit- 
more recieving but two pence for a man and horse for one 
time and one pefiye a time for a single mans passage, and four 
pence for a team and cart, and said bridge to be free for pas- 
sage on sabbath days; always provided the bridge be made 
sufficient for the uses aforesaid, before he shall take toll. All 
the fare stated to be paid in money, if in pay to be equivalent, 
he said Whitmore keeping the bridge in good repair, and this 
act not to hinder any perticular aggreement between the in- 
habitants of Midletown and Lieu^ Francis Whitmore. 



Att a meeting of the Govern^ and Councill in Haktford, 
May 25', 1698. 
The duplicate of the Pattent by order from the Govern'' and Coun- 
cill being brought by Capt° Joseph Wadsworth, and he athrniing that 
he had order from the Gen^" Assembly to be the keeper of it, the 
Govern'' and Councill concluded that it should remain in his custodie 
till the Generall Assembly or the Councill shall see cause to order 
otherwise, and the s'^ duplicate was deliverd to him by the order of 
the Councill.* 

* The duplicate charter of the Colony which was secured by Capt. Joseph Wads- 
worth of Hartford, " in a very troublesome season when our constitution was struck 



264 PUBLIC RECORDS [May, 

M' Will. Pitkin, M"" Timothie Woodbridge, and T\P Saltonstall, with 
the Secretary 

[Here the Council Journal ends abruptly.] 



[313] Att a Generall Court holden at Hartford, Octobr 
THE 13^'', 1698. 
Present, 
The Governours Hon"", 
The Deputye Govern'^ Hon'". 
Assistants preseiit : 
Sam^^ Willis Esq"-, Maj-" Moses Mansfield, 

Capt" Andrew Leet, Capt" John Hamlin, 

Capt" Sam" Mason, Capt" Nathan Gold, 

Capt" Danii Witherell, Will Pitkin Esq-", 

Nathan" Stanley Esq"", Joseph Curtis, Esq^. 

Capt" Caleb Stanley, 

Deputies present : 
For Hartford, Capt" Ciprian Nicols, Capt" Aron Cook, 
Windzor, M"" Jolm Woolcutt, Capt" Abraham Phelps. 
Wethersfeild, Capt" John Chester. 
Fairfield, Lieu' John Wakeman, M"" Nathan^^ Burre. 
Parming'ton, Capt" Tho. Hart, Lieu' John Jud. 
Stoningto, Mi" Robert Denison, Capt" John Gallop. 
Norwalk, M'' Sam" Haise, M"" John Keeler. 

at," was safely kept and preserved by him until May, 1715. Finance & Currency, 
1,82. 

The original charter, which now hangs in the secretary's office at Hartford, is en- 
grossed on three skins, the duplicate was written on two. So much of the duplicate 
as remains, being about three-fourths of the second skin, is now in the library of the 
Connecticut Historical Society, where it was placed by Hon. John Boyd, late secretary 
of this state. 

In 1817, or 1818, while Mr. Boyd was preparing for college at the Hartfoid Gram- 
mar School, he boarded in the family of Rev. Dr. Flmt of the south church. Coming 
in one day from school, he noticed on the workstand of Mrs. Bissell, the doctor's 
mother in law, a dingy piece of parchment covered on one side with black-letter man- 
uscript. In answer to his inquiries, Mrs. Bissell told him that having occasion for 
some pasteboard, her friend and neighbor Mrs. Wyllys had sent her this. Mr. Boyd 
proposed to procure her a piece of pasteboard in exchange for the parchment, to 
which Mrs. Bissell consenied. It was not, however, until six or eight years had 
elapsed that Mr. Boyd examined the parchment with care, when for the first time he 
learned what its contents were. 



1698.] 



OF CONNECTICUT, 



265 



For Branford, Capt" Eleazar Stent, Serj' Nathan" Foot. 
Stratford, Capt" James Judson, M"- John Biirret. 
Norwich, Mr John Tracie, Serjt Solomon Tracie. 
Haddu, Capt° John Chapman, M^ Dan" Brainard. 
Newlondon, Lieut Nehem. Smith, Capt" Sam" Fosdick. 
Newhave, M-- Jeremiah Osborn, M^ John Alhn. 
Stanford, Lieu' Dauid Waterbiiry. 
Midletown, Capt" Nathan" White, M' Sam" Bidwell. 
Bedford, M"- Zechariah Roberts. 

Wallingford, Serjt John Merriman, Serjt Thomas Hall. 
Milford, Mr Thomas Gierke, Lieu* Sam" Newton. 
Gilford, Captn Stephen Bradley, Lieut Abraham Fowler. 
Symsbury, Capt" John Higley. 

Rye, Capt" Ymphrie Ynderhill. ' • 

Lyme, Captn Will Eelye, Lieut Abraha Brownson. 
Kenellworth, M-- Sam" Buell. 
Derby, Capt" Ebenez"" Johnson. 
Saybrook, M>- Nathan" Lynde, M-" John Parker. 
Preston, M^ Caleb Fobes. 
Glassenbury, Eleazar Kimberly. 
Waterbury, Lieut Thomas Jud. 
Woodbury, Capt" John Minor. 



[314] 



Saybrook, 

Newhaven, 

Farmingto, 

Hartford, 

Windzor, 



The list of estate and persons. 

Estate. Persons. 

II. s. d. 

06032.06.09 132 

15890.07.00 310 

07051.15.00 114 

16900.00.00 293 

15908.09.00 290 



Persons. 



Wethersfield, 10498.12.00 212 
Norwich, 05399.17.00 117 
Stratford, 09218.07.10 130 
N.London, 09624.14.00 190 
Stonington, 05542.17.06 096 
Haddum, 03338,04.00 090 
Stanford, 05447.16.00 090 
Rye, 03136.18.00 056 

Norwalk, 04983.02.03 100 
WaUingford, 04862.00.00 080 
Darbye, 01863.10.00 040 

34 



Greenwich, 

Preston, 

Midltown, 

Glassenbry, 

Bedford, 

Symsbury, 

Kenel worth, 

Branford, 

Waterbury, 

Gilford, 

Milford, 

Lyme, 

Fairfield, 

Woodbury, 



Estate 
II. s. 

03452. 

02356. 

06076.00 

02048.10 

01019.00 

03032.05 

02785.00 

03926.15 

01742.00 

07717.16 

10116.16 175 

04171.18 072 

10939.09 150 

02974.02 072 



080 
058 
161 
058 
028 
076 
050 
073 
049 
130 



266 PUBLIC RECORDS [Oct. 

Persons nominated to stand for election in May next : 
Majr Genrii Fitz John Winthrop Esq"-, Colon" Robert Treat 
Esqr, SamU Willis Esq"", Capt" Andrew Leet Esqf, Capt" Sam^i 
Mason, Maj"- James Fitch, Capt° Dan^ Witherell, Nathan^i 
Stanley Esq"", Capt" Caleb Stanley, Majf Moses Mansfield, 
Capt" John Hamlin, Majr Jonathan Sellick, Capt" Nathan 
Gold, Will Pitkin Esq--, Joseph Curtis Esq^, M"" Richard 
Cristophers, Capt" John Chester, M"" Tho. Hooker, M"" John 
More, M"" John Hains. 

To the intent that comely order may be attended in this 
Assembly now convened to consult the solem and weighty 
affairs that doe most neerly concern the peace and weal of his 
Majesti'es good and loyall subiects in this goverment, and that 
all confusion and disorder in speaking to any matter that may 
be in agitation may be prevented, it is ordered by this Court 
and the authority thereof, tliat it shall not be in the liberty of 
any member thereof to take it upon him to speak in this 
Assembly without liberty first prayed and granted to him by 
the Honrd Governour, or in his absence by the Deputy Gov- 
ernour ; and if any person shall speak without such libertye 
prayed and obteined, he shall forfeit as a fine the sume of one 
shilling in silver to be forthwith paid to the high sherriff (for 
the use of this Assembly) who is hereby required forthwith to 
levie the same. 

[315] Whereas much daffiage is done in comon fields, by 
those that inclose lands in such fields for pasture, through the 
insufficiencye of their fences, it is ordered by this Court and 
the authoritye thereof, that all such inclosures shall be suffi- 
ciently fenced for the securing of beasts that are put in there 
for pasture, to be viewed and jvidged by the fence-viewers in 
tlie township where such inclosures are ; and if any person or 
persons whatsoever shall putt any horses, oxen, cowes, or lesser 
cattell to pasture in any such inclosure, which in the judgment 
of the said fence-viewers is not sufficiently fenced for the 
securing of such horses or cattell, or not by them judged to 
be sufficient, all such horses and cattell shall be as liable to be 
impounded as if they were loose in the open field. And if any 
horses or cattell that are put into any inclosure within a comon 



1698.] OF CONNECTICUT. 267 

field for pasture, shall break out and be found damage feizant 
in the comon field, the owners of such horses and cattell shall 
be liable to pay costs of poundage and damage as the law in 
any case requireth. This law is to take place in all common 
fields except where the proprietors shall otherwise aggree. 

It is ordered by this Court and the authoritye thereof, that 
for the future this Gener" Assembly shall consist of two houses ; 
the first shall consist of the Govern"" or, in his absence, of the 
Deputye Govern'', and Assistants, which shall be known by 
the name of the Upper House ; the other shall consist of such 
Deputies as shall be legally returned from the severall towns 
within this Colonie, to serve as members of tliis Generall 
Assembly, which shall be known by the name of the Lower 
House, wherein a Speaker chosen by themselves shall preside : 
which houses so formed shall have a distinct power to appoint 
all needfull officers, and to make such rules as they shall 
severally judge necessary for the regulating of themselves. 
And it is further ordered that no act shall be passed into a law 
of this Colonie, nor any law already enacted be repealed, nor 
any other act proper to this Generall Assembly, but by the 
consent of both houses. 

It is ordered and enacted by this Court and the authoritye 
thereof, that the clause in the act passed May the IS^^, 1697, 
concerning ministers maintenance, wherein it is provided that 
ministers salleries shall be paid in such specie, viz. wheat, 
indian corn, rye, and porke, and in such proportion and prizes 
of the species as shall from year to year be settled by the Gen- 
erall Court for the payment of the ministers rate, be and 
hereby is fully repealed and made void, any thing therein con- 
tcined to the contrary in any wise notwithstanding. 

Ordered by this Court and the authority thereof, that every 
justice of the peace in the countie wherein the offence is 
comitted, may and shall have power for the enquirye and 
removing of forcible entries and deteiners, therein to proceed 
according to the rules and methods in such case provided by 
the lawes of England. 

This Court grants a rate of two pence upon the pound to be 
levied upon all the rateable estate in this Colonie, and to be 
paid in currant silver money. 



268 PUBLIC RECORDS [Oct. 

Yoted and granted by this Court that the south line of Nor- 
wich bounds shall stand as it is entred in Norwich deed from 
Vncas in the year 1659, and the otlier three lines to ruiie 
streight from corner to corner, confirming all the lands within 
the said boundaries unto the town of Norwich. 

Ordered by this Court and the authoritye thereof that there 
shall be a new coiriission given to the justices of the quorii, 
appointing and impowering them or any three of them, in the 
absence of the judge comissionated to keep the countie courts, 
to keep the said court ; the first nominated in the comission 
still to preside. 

It is also ordered by the authoritye aforesaid that the judge 
appointed to keep the said countie courts, with two of the 
justices of the quorum, shall keep the court for the prolmte of 
wills, granting administration, and appointing and allowing of 
guardians, with full power to act in all matters proper for a 
prerogative court ; except in Fairfield countie, where Captain 
Nathan Gold with two of the justices of the quorum in that 
countie is by this Court appointed to keep the said prerogative 
court in the s^ countie of Fairfield. And it is also ordered by 
this Court that in the absence of the judge it shall be in the 
power of three of the justices of the quoru in their respective 
counties to keep the said prerogative court, and the first in 
[316] nomination in the comission always to preside. And the || 
said prerogative court to have full power to appoint all officers 
needfull and proper for the said court. And if any person be 
affo-rieved with the determination of the said court he shall 
have liberty of appeal to the Court of Assistants. 

This Court coiliitts the whole care and charge of the fort at 
Newlondon to the wise conduct of our Honoured Governour, 
desiring his Honour to give order that the same be sett into 
good repair and well furnished with all necessaries for the 
Colonies service, the whole charge thereof to be defraied out of 
the publick treasury e. 

Ordered and enacted by the authority of this Court, that 
from henceforward every deputye or representative of the 
Generall Assembly shall be allowed three shillings in money 
for every day of his attendance and sitting in the s'^ Assembly; 



1698.] OP CONNECTICUT. 269 

and that the deputies of the countie of Fan-field shall be 
allowed after the same rate for three days in their coming to 
and going from the said Assembly, and the depiityes of the 
countie of Newhaven after the same rate for two days in 
coming to and going from the Assembly, the deputies of the 
countie of Newlondon shall be allowed after the same rate for 
three days for their coming to and going from the said Assem- 
bly, and the deputies of the countie of Hartford shall be 
allowed for one day after the same rate in their coming to and 
going from the s'^ Assembly ; their salleries respectively to be 
paid out of the countrey treasurye. And it is further enacted 
by the authoritye aforesaid, that at tlie opening of the said 
Assembly the Secretary shall every morning, from day to day 
during the whole sessions, in open Assembly call oner the 
names of the severall deputies of the respective townes in the 
Colonie and note those that are absent when called, who if 
the[y] enter not their appearance within one hour after they 
are called, they shall loose their salleries for that day, and for 
such their absence shall be further lyable to be fined by the s^ 
Assembly for their neglect, not exceeding the sume of ten 
shillings for one dayes neglect, to be paid to the publick treas- 
urye ; always provided [those] that have obtcined leave from 
the Assembly to be absent shall onely forfeit their salleries for 
the time of their absence. 

Whereas Enoch Drake of the town of Windzor deceased, 
did in his life time exchange ten acres of woodland in the 
township of Windzor, at or neer the place comonly called the 
Clay bridge, with Thomas Gillett of the said towne for three 
acs of land in the said township in the meddowe comonly 
called or known by the name of M"" Phelps his meddow, but 
the said Enoch Drake did not confirme the said exchange by 
deed in his life time : this Court therefore upon the petition 
of Sarah Drake, widdow and r&lict of the said Enoch Drake, 
doth give her the s'' Sarah as full power to confirme tlie said 
bargain of exchange as the said Enoch Drake had in his life 
time, and to give and recieve authentick deeds thereof enter- 
changeably as effectuall to all intents and purposes as if done 
by the said Enoch. 



270 PUBLIC RECORDS. [Oct. 

Ordered by this Court and the authority thereof, that a 
printed book of the lawes of this Colonie, with such of the 
manuscript lawes as were in force before the sessions of tliis 
Court as the Governour and Councill sliall see meet, be sent 
to the Lords of the Councill. 

Whereas the Generall Court Octob'", 1692, ordered that the 
inhabitants and proprietors of Windham should raise all their 
town charges on their lands till further order, and the inhab- 
[317] itants of the said town || have now aggreed that each 
allotment in their township should be vallued at thirtie five 
pounds, and all persons and other estate should be rated 
according to list, and praied this Court to confirme the said 
aggreement : it is ordered by this Court and the authoritye 
thereof, that the rates for the payment of the minister and 
other town charges shall be levied on the land, persons and 
other estate within the said township of Windham as is above 
expressed, untill further order, any lawe, usage or custome to 
the contrary notwithstanding. 

Ordered by this Court and the authoritye thereof, that all 
the proprietors of lands in the township of Bedford shall pay 
three pence p^" acre for all the land which they doe possess in 
the said township, whether it be upland or meddow, improved 
or not improved, which three pence p"" acre shall be for the 
maintenance of the ministrie in the said towne. 

Lieut Sam^^ Newton is by this Court appointed Capt" of the 
eldest train band in the town of Milford, Serjt Joseph Plott to 
be their Lieutenant, and Serjt Joseph Treat to be their Ensign. 
And Serjt gam^^ Camp to be Lieu' of the second company in 
the said town of Milford, and Serj"^ Jobamah Gun to be their 
Ensign ; and all the military officers are to be comissionated 
accordingly. 

Ensign Richard Bushnell is confirmed by tliis Court Lieu^ 
of the train band in the town of Norwich, Serj' Solomon 
Tracie to be their Ensign, and to be comissionated &c. 

M"^ Aaron Cook is by this Court confirmed Captain of the 
train band in the town of Hartford at the north end of the 
town, Ensign Joseph Talcott Lieu', and Sam^ Gilbert Ensign, 
and to be comissionated. 



1698.] OF CONNECTICUT. 271 

Liberty and full power is by this Court granted to Miriam 
Gillett of Windzor, widdow and relict of Jonathan Gillett 
deceased, to confirme to Cornelius Gillett of the said town 
about five or sixe ac^^ of marsh land, which the said Jonathan 
Gillett sold to him the said Cornelius in his life time. 

This Court grants to Josiah Barber of Windzor one hun- 
dred ac^ of land, in consideration of his former good service 
for the countrey in the Indian warre, and in consideration of 
his charges in time of sicknesse contracted by hard service for 
the conntrie. The said land to be taken up where it may not 
be preiudiciall to any former grant. 

M"" Roger Pitkin is by this Court confirmed Captain of the 
trainband in the town of Hartford, on the east side of the 
great river, Jonathan Hill Lieutenant and John Pitkin Ensign, 
and to be comissionated &c. 

Libertye and full power is by this Court granted to Male 
Eogers of Newlondon, widdowe and relict of Jonathan Rogers 
late of the said town of Newlondon deceased, by deed under 
her hand and seal, to confirme unto William Bebee of the said 
town and to his heirs forever, two lotts of outland in the gen- 
erall neck in the town of Newlondon aforesaid, which was sold 
and delivered unto the said William Bebee by the said Jonatha 
Rogers in his life time. 

The comittee formerly appointed by this Court to treat with 
the Rhode Islanders and according to the advice of the Lords 
of the Councill, to indevour an amicable aggreement with them 
concerning the bounds of the two Colonies, informing this 
Court what steps they have taken in that affair in order to a 
settlment of the said line, this Court manifested their accept- 
ance and approbation of the methods by them taken, with their 
desire and expectation that they should proceed therein, untill 
the Generall Court order otherwise. And the Reverent M"" 
Gurdon Saltonstall who hath formerly been improved by the 
Honrd Govern"" and Councill, is now desired and hereby im- 
powered by this Court to assist the said comittee in that 
service. 

Majf Edward Palmes of Newlondon exhibited a petition in 
the Generall Court, as legatee to the estate of the Honf'i John 



272 PUBLIC EECORDS [Oct. 

Wintlirop late Governour of this Colonie, by force of the last 
will and testament of the said John Winthrop and his mar- 
riage with the daughter of the testator ; in his petition com- 
plaining that a full inventory of the estate was never exhibited, 
[318] praying this Court || that such of the executors as have 
the estate in their possession may be ordered to give in an 
inventory upon oath of all the estate of their fathers which he 
died possessed of, or did belong to him, or that hath come into 
their or either of the execut'^ hands since the testators death, 
and what they have sold thereof, and what debts they have 
paid, that the residue may be divided among the legatees 
according to the intent and direction of the will. The Court 
having considered the pleas of the petitioner Maj"" Edward 
Palms, and the replies of the hon^'e execute's present, Fitz 
John Winthrop and Wait Still Winthrop, doe not see cause to 
grant his petition, and doe declare that they doe not see that 
the said Maj"" Palmes hath any right or claim to what he 
moves for in his petition, his wife, the daughter of the testator 
being dead, in whose right he claims, and the claim of the 
petitioner being determined by the overseers according to the 
will, and therefore refuse to grant what he petitions for, but 
doe adiudge him to pay costs to the executes. Costs allowed 
at two pounds ten shillings. 

Vpon the motion of Fitz John Winthrop Esq"", Govern^ &c. 
and Majr Genf" Wait Still Winthrop, this Court appoints and 
impowers Capt" John Hamlin, M"" William Pitkin, Capt^ Will 
Eelye, to be a comittee, giving them full power and authoritye 
to find out and renew the bounds of a tract of land purchsed 
by John Winthrop Esq"", late Governour of this Colonic, of 
AUumps alias Hyenps and Aguntus, Indian sachims ; which 
tract of land is situate in a place coihonly called Quinnibaug ; 
always provided that if any one of the aforesaid comittee 
should fail, then either Capt" Sam^ Fosdick, or M^ Nathan^ 
Lynde to supplye his place. The comittee above mentioned 
to make return of what they shall find or effect concerning the 
premises to this Court in May next. 

Lieu*^ Francis Whitmore complaining that notwithstanding 
what hath been already done by this Hon'''' Generall Assembly 



1698.] OF CONNECTICUT. 273 

for him in order to satisfie and reimburse his cost and charge 
upon the stone bridge which he hath l^uilt at Midletowne, he 
is not still like to be satisfied and paid nor benefited as might 
be expected, but rather to incurre great losse and damage by 
his undertaking therein : Now that he the said Francis Whit- 
more may be satisfied and benefited by the said bridge and not 
damified but incouraged, 

It is ordered by this Court and the authority thereof, that 
from and after the last day of this present instant October, he 
the said Francis Whitmore, his heirs, execut""^ or assigns, shall 
and may have and hold the said bridge by him built at Midle- 
town as aforesaid, and shall have and receive the fare of two 
pence money for each time for horse and man and load, and 
one pennie a time a single person, unlesse \^here persons shall 
otherwise aggree, forever, of and from all and every person 
using and passing over the said bridge from and after the said 
last day of this instant October aforesaid (except the magis- 
trates and ministers of this Colonic, representatives of the 
Generall Assembly, posts and souldiers in the Colonic service,) 
the said Francis Whitmore reimbursing those p'"ticular persons 
that have freely contributed towards the building of the bridge, 
and allowing them free passage till the money given by them 
for that use be repaid, and keeping a sufficient ferrye furnisht 
with a good boat for the transporting passengers when the 
waters are so high that there is no passing over the said bridge ; 
the said Francis Whitmore inguaging to finish the bridge 
aforesaid within the space of one year after the last of this 
instant, unlesse by some inevitable providence prevented, and 
keeping the same always in good repair for safe and comforta- 
ble passage. 

[319] Ml" James Beebe is by this Court appointed Justice of 
the Peace in the countie of Fairfield. 

M^s Sarah Rogers of Newlondon presented a petition in 
this Court for another hearing of a controversye about land 
formerly depending between Joseph Rogers and Jonathan 
Rogers of Newlondon aforesaid; the petitioner not having 
attended law in sumoning the persons concerned to appear, 

35 



274 PUBLIC RECORDS [Oct. 

this Court declare that they doe not see cause to consider her 
petition.* 

Whereas Andrew Ward of Midletown by reason of discom- 
posure of mind and distraction is altogether uncapable of 
taking any care of his estate, or demanding and receiving any 
debts that are due to him, and whereas there is a debt of fortie 
one pounds in cash due to him from his kinsman Andrew 
Ward of Keilelworth, this Court doth appoint his mother M^s 
Mary Gilbert, to demand and if need be to sue for, and to 
recieve the said fortie pounds of the said Andrew Ward of 
Kennel worth, and upon receit thereof to grant acquittance 
and discharge to effect ; and all this to doe either by herselfe 
or by her order or attorney. 

M"" Richard Edwards moving this Court to correct an error 
in a record of a judgment of the countie court held at Hart- 
ford Novemb'" l^t, 1681, in a case then depending between M*" 
Eldred and M"" John Higlye, the Court having heard and con. 
sidered what hath been presented by M"" Edwards, doe referre 
the matter to farther consideration in this Court in May next. 

Whereas May Moses Mansfield, M"" Jeremiah Osborn, and 
M"" John Allin, held a court in Newhaven the thirtieth of 
September last, where certain causes were heard, depending 
between M"" William Hoadley of Branford, and M"" Richard 
Blackleech of Stratford, and the said Hoadley and Dugall 
Makenzie of Fairfield, a question being propounded whether 
the said court were constituted according to lawe, this Court 
returns answer in the negative. 

This Court grants free libertie to the inhabitants of Preston 
to imbody themselves in ch. estate, with the consent of neigh- 
bour churches, and to call and settle an orthodox minister to 
dispence all the ordinances of God to them.f 

M"" John Allin and M^ Jeremiah Osborn justices of the 

* Her petition is in Private Controversies, V, doc. 110. From the memoranda sub- 
joined to it, it would seem that the General Assembly sat as two separate houses at 
this session, and that William Whiting was clerk of the lower house. 

t The petition of the selectmen, Jonathan Tracy, John Park, John Starkwether, 
and Caleb Fobes, in behalf of the town, is in Ecclesiastical; I, 140. They represent 
that Mr. Salmon Treat labors among them in the work of the ministry to general 
satisfaction. 



1698.] OP CONNECTICUT. 275 

peace in the countie of Newhaven, are also appointed to be 
Justices of the Quorum. 

Capt" Mathew Sherwood justice of the peace in the countie 
of Fairfield is by this Court appointed to be Justice of the 
Quorum. 

Whereas M"- Richard Blackleech of Stratford did at the 
countie court held at Fairfield in Aprill last recover a judg- 
ment against Will Hoadleye of Branford, from which judg- 
ment s'^ Hoadlye did enter appeal to the Court of Assistants, 
but upon the inguagement of the said Blackleech to referre all 
matters of contest between them to arbitration, the said Hoad- 
lye withdrew his appeal, and their design of issue by arbitra- 
tion failing through the disaggreement of the arbitrates, the 
said Will Hoadlye complains that he is in danger of execution 
upon the s'J jndgm* of Fairfield court, and also deprived of 
the benefitt of his appeal, and craves relief of this Hon'"'^ Court. 
This Court having considerd his complaint doe hereby forbid 
all execution to passe upon the judgment aforesaid untill the 
said Will Hoadlye hath had a 2^ hearing in court; and this 
Court doth grant him free liberty to prosecute his appeal at 
the Court of Assistants in May next, he sumoning the said 
Mr Blackleech to appear at the said Court of Assistants to 
answer him upon his s^ appeal, the said Will Hoadlye giving 
sufl&cient securitye to prosecute his appeal to effect and to 
answer all dammages if he make not his plea good. M"" John 
Elliot as attorney for M"" Hoadlye acknowledgeth himselfe 
bound in a recognisance of fortie pounds currant silver money 
to the publick treasurye of this Colonie, to prosecute this 
appeal to effect and to answer all damages if he make not his 
plea good. 

This Court gives to Jedidiah Andrews of Newhaven who 
was out under the comand of Capt" Will Whiting in the late 
expedition to the eastward, in consideration of his losse by 
reason of sicknesse in that service, the sume of four pounds in 
currant silver money out of the publick treasurye. 

This Court grants Ensign Joshua Hodgkisse of Newhaven 
in consideration of his continued weaknesse in his wounded 



276 PUBLIC RECORDS [Oct. 

arme, the sume of five pounds in money to be paid to him out 
of ihe countrey treasurye. 

This Court appoints Nathan^ Bissell of Windzor to keep the 
ferry at Scantiek to transport passengers over the great river, 
to take the same fare that is allowed to the ferry at Hartford. 
[320] This Court appoints Capt° Stephen Bradley and Lieu* 
Abraham Fowler to lay out to John Johnson of Xorwich fiftie 
acs of land according to the ten^ of his grant May the l-i'^, 
1696. 

This Court appoints Deacon Palmer and Ensign Ephraim 
Minor to lay out to the heirs of Capt° John Gallop the three 
hundi-ed ac^ of land granted to him by tliis Court, according 
to his grant. 

This Court appoints Lieu* Mathew Allin and Sam^ Eock- 
vell to lay out to Josiah Barber the land given him by this 
Court, according to his grant. 

M'' Xathanii Chesbrook is by this Court confirmed Lieu* of 
the train band in Stonington, and M"" William Denison to be 
their Ensign, and to be cofiiissionated. And Dan^ Symkins 
to be Ensign in Bedford. 

Sam^ Crosse is by this Court confirmed Lieu* of the train- 
band in the town of Windzor on the north side of the river ett. 

Tpon the request of Lieu* Tracie that this Court would 
view their pattent of the town of Norwich, and find out the 
true lyne or square of their town in a new pattent prepared 
to be signed, this Court order that M' John Hamlin, M*" Wili 
Pitkin to view the said new patten drawn and prepare it for 
the Gk>vern" signing. 

This Court grants to Thomas Hall of Wallingford fiftie ac^ 
of land in consideration of his fathers service in the Pequott 
warre, to be taken up where it may not preiudice any former 
grant. Capt^ Thomas Yale and Serj* John Merriman are by 
this Court appointed to lay out this land according to the 
grant. 

This Court grants to Serj' John Merriman of Wallingford 
fiftie ac" of land in consideration of his fathers service in the 
Pequot warre, to be taken up where it may not preiudice any 



1698.] OF CONNECTICUT. 277 

former grant, and Capt° Thomas Yale and Serjt John Merri- 
man are appointed by this Court to lay out this land accord- 
ing to the grant. 

This Court confirmes to Ebenezer and Sam" Parsons a grant 
of fiftie ac^s of land formerly by this Court made to their 
father Thomas Parsons who was a Pequott souldier, and 
appoint Lieu' Matliew Allin and Sam" Rockwell jun^ to lay 
it out to them, according to their grant. 

Whereas there was a former grant of two hundred ac" of 
land to John Griffin of Windzor for his good service in the 
coimtreye, M'' Nathan" Bissell alledging that his father bought 
it of said Griffin, this Court grants the same to him the said 
Bissell, provided he make it appear, to the satisfaction of the 
heirs of said Griffin that he hath both bought and paid for it, 
and appointed Lieu' Mathew Allin and Sam" Rockwell to lay 
it out where it may not preiudice any former grant. 

M"" Xathan" Burre as attorney for the town of Fairfield 
petitioned this Court for relief against the obstinacye and 
refractorinesse of Xathan Addams of the said town in impro- 
ving land belonging to the town, and recovered out of his 
hands by judgment of the couutie court in Fairfield, and 
taking the wheat which grew upon the said land, which they 
judge doth of right belong to them. This Court in answer to 
[321] their petition doth give them || free liberty to seek 
relief by course of lawe, in prosecuting at the Court of Assist- 
ants in May next by review fi'om the judgment of the Court 
of Assistants in May last, the same by unexpected accident not 
being prosecuted at the sessions of said Court this instant 
moth, the action then depending ; the towns attorney giving 
securitye to prosecute his action to effect and to answer all 
damages if he make not his plea good. M^ Nathanii Burre 
acknowledgeth himselfe to be under the obligation of the 
recognizance by him given, at the Court of Assistance in May 
last, to prosecute his review in May next. 

Dan" Brainard sen"", Thomas Clerk, John Bates, Nathan^ 
Spencer, Thomas Brooks, by order and consent of the rest of 
the neighbourhood in Haddum, on the west side of the great 
river, complaining of the uncomfortable differences, and divis- 



278 PUBLIC KECORDS [Oct. 

ions that were among them, made their petition and addresse 
to this Court, manifesting their desire and wilHngnesse, to 
leave all their controversies and divisions, to the issue and 
determination of this Court, or to a councill of magistrates 
and ministers by this Court cliosen and appointed. Tliis 
Court having heard and considered the pleas of the petition- 
ers, concluded that a coraittee be by this Court appointed, to 
inquire into the cause of the divisions and controversies 
between the people of Haddum, and to indevour a fi-iendly 
aggreement and accomodation between them if it can be 
obteined, and to make return to this Court in May next. 
Colonel Robert Treat, Deputy Govern"", Capt'i Sam^^ Mason, 
Capt" Dan^i Witherell, Capt" John Hamlin, the Reverent M"" 
Timothye Woodbridge, M"" Perpoint, M"" Gurdon Saltonstall, 
and Mr Xoadiah Russell, they or the maj"" part of them, are 
desired and appointed by this Court to be the coinittee for the 
service aforesaid ; and both the contesting parties in the said 
town are to attend the order and direction of the hon'"'^ gentl- 
men and reverent elders beforenamed or the maj"" part of them, 
in manifesting to them the grounds of their contests and 
divisions, and in the mean time till the comittee make their 
returne to pay their severall proportions of their ministers 
rate to the Reverent M^ Hubberd, according to their list of 
estate. The whole charge of /Cnterteining the comittee when 
upon the service to be defrayed by the town in generall. 

\Capt° Chapman is by this Court released from attending 
his charge of Capt" of the trainband in Saybrook. 

The Reverent M"" Thomas Buckingham personally appeared 
in Court, and prayed that the contest between Owaneco and 
Abimelech, concerning the bounds of lands by them claimed 
at or near the place coiTionly called Lebanon might have a 
second hearing. This Court grants free libertye to Abimelech 
to prosecute any title to any lands in contest between him and 
Owaneco, or between him and any other person claiming by 
right derived from Owaneco, in due course of coihon lawe, 
begining first at the countie court at Xewlondon, and so pro- 
ceeding from court to court to a finall issue, and that no 



,1698.] OF CONNECTICUT. 279 

former act of this Court shall be understood or improved to 
his preiudice in such prosecution. 

Benjam" Gilbert of Wethersfield being unsatisfyed with the 
distribution of the estate of his father Josiah Gilbert, late of 
Wethersfield deceased, formerly made by the countie court 
and confirmed by the Court of Assistants, whereby he com- 
plains that he is debarred of his just right to the lands of his 
said father, petitioned this Court that he might not be barred 
by any act of the countie court or court of assistants, as courts 
of administration, from prosecuting any right or title that he 
might have to the lands of his s'i father. This Court having 
heard and considered his petition, doe grant and declare that 
no acts of the court aforesaid shall be understood, pleaded or 
improved, in barre of the petitioners title or claim to the lands 
aforesaid or any part of them, but that he shall have equall 
advantage to prosecute his aforesaid claim in due course of 
comon lawe the said acts notwithstanding. 

This Court releaseth Jonathan Smith of Glassenbury from 
his countrye rates, both for the year last past and for this 
present year. 

M"" Sam^^ Fitch petitioned this Court in behalfe of some 
[322] farmers in || Norwich bounds, that they might have 
liberty to joyn with the assembly in Preston and to pay to the 
ministrye there, and be released from paym^ to the ministrye 
in Norwich. This Court being sensible of the difficulties that 
may attend them, doe recomend it to' the serious and charita- 
ble consideration of the town of Norwich, expecting their 
charitable and christian compliance, with the interest of their 
neighbours, and direct the petitioners to make return to this 
Court in May next. 

This Court grants to our Ilonfd Govern^ one hundred 
pounds in money for his sallerye for this present year ; to our 
Deputye Govern'" one hundred pounds in money ; to M"" Jones 
ten pounds in money ; to the Secretary fifteen pounds in 
money ; to the Treasurer twentie pounds in money for his 
sallerye and ten pounds in money for his travail to the severall 
towns to make up acc^s with the constables ; and to the High 
Sherriff eleven pounds in money. 



280 PUBLTC RECORDS [Oct. 

This Court grants full power to Joseph Robbins, of the town 
of Lyme, to confirme to the heirs of James Tillison late of the 
said town deceased, a parcell of upland and meddowe, and a 
fiftie pound right in the comon land, all situate in the town 
aforesaid and was sett out to tlie said James Tillison by Lieu* 
Abraham Brownson and Serj' Thomas Lee, both of the said 
town of Lyme as a Icgacie due from the said James Tillison 
from his fathers estate. 

Capt" John Chapman is by this Court allowed the same fare 
for keeping the ferry in the township of Haddum as is allowed 
to the keeping the ferrye in Saybrook. 

This Court by their owne authoritye, upon the humble 
petition of the Pequott Lidians in their addresse, bearing date 
September the twenty eight, 1G98, exhibited in Court under 
the hands of their principall men,* doe hereby subiect the said 
Pequotts to the cognizance and regulation of our Hon'^'^ Gov- 
ern'" Fittz John Winthrop Esq^ to be at his Hon" dispose as 
to their goverment, to place officers to rule over them and 
again to displace them by his discretion, and also in all mat- 
ters that concern their peaceable and civill behaviour among 
themselves and towards the English, desiring his Hon^ to take 
the care of them and requiring them to submitt to such orders 
and regulations in all matters relating to the premises as his 
Honr in his wisdome from time to time shall see cause to 
enioyn them to observe and to conforme to. 

This Court grants to our Hon^'^ Govern'" Fitz John Win- 
throp Esq"", two hundred ac^ of land to be taken up where it 
may not preiudice any former grant to any township or per- 
ticular person. 

This Court grants to Capt" Ebenezer Johnson (over and 
above his interest in the grant to the volunteers) two hundred 
ac^ of land to be taken up where it may not preiudice any 
former grant to any township or p^^ticular person. 

Ordered by this Court that the Govern'^s Councill in the 
intervales of the Generall Assembly, shall consist of the same 
members and have the same authoritye to act in all affairs that 
concern the peace and weal of this Colonic as by the act of 

* Their address to the General Court is in Indians, I, 48. 



1698.] ■ OF CONNECTICUT. 281 

this Court was granted in May last. And the Governi"s Hon^ 
[323] is desired to call in any of || the neighbour ministers or 
justices for advice when his Hon"" in his wisdome shall thinke 
it needfull so to doe. 

This Court upon the petition of divers of the inhabitants in 
the countie of Hartford, grant liber tye for a plantation at or 
neer the place called Jeremiahs Farme upon the rode to New- 
london, and Capt" Dan'^ Witherell, Capt" John Hamlin, M"* 
Will Pitkin, Capt" John Chester, M"" Richard Cristophers, 
and Capt" Sam" Fosdick, they or the majr part of them are by 
this Court appointed to be a comittee to lay out a township 
there, beginning at the north bound of Twentie Mile River, 
and so to extend southward, to a river called Deep River, and 
to extend eastward from the bounds of Haddum seven miles. 

This Court grants that the Assistants att the sett Geherall 
Courts and Courts of Assist'^ shall be allowed five shillings p"^ 
day in money for every day they attend the said courts, and 
also the fees paid at the Court of Assistants. 

Voted and granted in Court that what remains due to the 
souldiers that were drawn out of this countie to the garrison 
at Northfield in the year 1688, to make up their wages to be 
eight pence p^ day in money for each man, shall be paid to 
them; and May Jonathan Bull, Capf^ Caleb Stanley, and 
Capt" Cyprian Nickols, are appointed by this Court to take the 
account of what each souldier hath already received, and to 
sign bills to the Treasurer for what remains still due. 

Tho. Post is released by this Court from the fine that was 
imposed upon him for retailing of drinke. 

The comittee formerly chosen to revise the lawes, are by 
this Court desired and appointed to goe forward with that 
worke till it be perfected. 

This Court grants to M"" John Parker of Saybrook, the sums 
of fifteen pounds in money out of the publick treasurye, for 
his pains and labour as lieu' of the fort there, as a finall issue 
of all accounts between the said John Parker and the coun- 
trey concerning that matter. 

This Court gives to Jacob Deming, five pounds more then 
what was formerly given him, in consideration of his wound- 
36 



282 PUBLIC RECORDS [Oct. 

ing and damage in firing the great gune which brake in 
firing. 

The forme of the oath of allegiance administred to the 
members of the Gen""'! Assembly; 

You I. "W. doe swear that you will bear true allegiance, to 
"Wili, King of England, Scotland, France, and Ireland, and 
the dominions thereto belonging. So help you God. 

This Court adiourned Octob"- the 26, 1698. 

It 18 ordered hy this Court and the authority thereof, that for 
the future this G-en^'^ Assembly shall consist of tico houses, the 
first shall consist of the Gioverrf or in his absence of the Deputy 
GroverrC , and Assistants which shall he knoicn by the name of 
the Upper House; the other shall consist of such Deputies as 
shall be legally returned from the severall tmcnes within this 
Colonye, to serve as members of this Generall Assembly, zchich 
shall be known by the name of the Loiver House, icherein a 
Speaker chosen by themselves shall preside; which houses so 
formed shall have a distinct power to appoijit all needfull officers, 
and to make such rules as they shall severally judge necessary 
for the regulating of themselves. And it is further ordered that 
no act shall be passed into a lawe of this Colonie, nor any laio 
already enacted be repealed, nor any other act pjroper to the 
Generall Assembly, but by the consent of each of the said 
houses* 

This Court grants to Stephen Kelsie of Hartford thirtie 
shillings in cash, in consideration of damage done to a horse 
of his that was hired for the countrey service. 



[324] Att a Gener"- Assembly holden att Habtfobd, May 

ll^h, 1699, FOR Election <S:c. 

The persons elected are^ 

John Winthrop Esq"", Govern"", sw. 

Colon^ Robert Treat, Dep. Govern'', sw. 

* The act for dividing the legislature into two bodies, as found here, varies from 
that printed on page 267, only in the last clause, — '• the General Assembly," for 
" this General Assembly," and " the consent of both houses," instead of " the consent 
of each of the said houses." 



1699.] ^ OF CONNECTICUT. 283 

Assistants : 

Captn Andrew Leet, sw. Capf^ John Hamlin, 

Captn Sam'i Mason, Maj"" Jonatha Sellick, stc. 

Capt" Daniel Wetherell, siv. Capt^ Xathan Gold, sic. 

M.^ Nathan^i Stanley, sw. M^ William Pitkin, sic. 

Capt'i Caleb Stanley, sw. M'' Joseph Curtis, sic. 

Majr Moses Mansfield, sw. M^ Richard Cristophers.* 

Capt° Joseph Whiting, Treas\ 
Eleazar Kimberlj, See^'y. 
Deputies : 
For Hartford, Capt" Cyprian Xickols, Capt° Aaron Cook. 
For Windzor, M"" John More, Capt^ Tho^ Stoughton. 
For Wethersfield, Capt^ Rob' Wells, Capt" Jn^ Chester. 
For Stratford, M"- Richard Blackleech, Capt" James Judson. 
For Lyme, Capt^ Will Eelye, Ens. Joseph Peck. 
For Stanford, Lieut David Waterbury, Ens. Samii Hoyt. 
For Greenwich, M^ Sam'i Peck, M-" Ebenez"" Mede. 
For Gilford, M"" Josiah Rossiter, Lieu^ Abraliam Fowler. 
For Norwalk, Capt° James Olmstid. 
For Wallingford, M^ Tho. Hall, M^ Xathan" Rise. 
For Kenellworth, M"- John Griswold, M-- Rob' Lane. 
For Milford, Capt"" Sam'i Newton, Lieu* Sylranus Baldwin. 
For Xewharen, M"" John Alliu. M^ Abraha Bradley. 
For Symsbury, Capt" Jn" Higlye, M^" Sam'i Wilcockson. 
For Glassenbuiy, M"" Jonath. Smith. 
For Branford, M^ Will Malbye, Serjt Xathan^^ Foot. 
For Windham, M"" Joshua Riplye. 
For Xorwich, M"" Jn^ Tracie, Lieu' Rich<^ Bushnell. 
For Midltown, Capt" Xathan" White, Ens. John Hall. 
For Saybrook, M"" John Parker, W Jn° Wliitlsey. 
For Woodbury, Serj^ Israel Curtis. M^ Titus Henman. 
For Farmingto, M"" John Hooker, Serj' Sam" Wadsworth. 
For Fairfield. Lieu' James Bennet. 
For Waterbury, Ensign Tim. Stanley. 
For Preston, Lieu* Jonath. Tracie, Ensign John Park. 
For Stoningto, M"" Xehem*" Palmer, Ensign Ephraim Minor. 

* In the room of Samuel Wvllvs, left out. 



284 PUBLIC RECORDS / [May, 

[325] For Haddiim, Capt" George Gates, M"" William Spencer. 
For Xewlondon, Capt" Sam" Fosdick,Lieii* Nehemiah Smith. 

Att the opening of the Court the law, title (Court Secrets 
not to be revealed,) was read. 

Two letters were read, sent from the Lords Commissioners 
of the Comicill of Trade. 

The Representatives withdrew from the Upper House to 
choose their Speaker, and to aggree upon rules proper for the 
regulating themselves in the work before them. 

Capt" John Chester chosen and accepted to be Speaker of 
the House of Representatives, and Capt" Wili Whiting to be 
their Clerke. 

The acts of the Govern'" and his Councill since October last 
were read and approved by both houses, with exception onely 
of the act of the Councill in suspending the processe issued 
forth against Capt" Sam" Mason to appear before the Court of 
Assistants to answer the complaint of the sherriff of Newlondon 
for suppressing a writt of sumous in j^ hands of the deputy 
sherriff.* 

• The House of Representatives declaring their opinion that 
Capt° Mason should personally appear when the matter of com- 
plaint against him should be agitated in the Assembly, writs 
were issued forth for Captain Sam" Mason and the sherriff and 
deputy sherriff, forthwith to appear before this Assembly, but 
upon the return of the writts Capt" Mason appeared not, pre- 
tending inability to trav'ail by reason of sicknesse attending 
him. 

Some papers sent by him to the Assembly being read [and] 
considered, it was the opinion of the House of Representatives 
that he should be suspended from taking his oath as Assistant 
untill he had cleared himselfe of the charge laid upon him. 
This opinion was not approved by any vote of the Upper 
House. 

* Some papers about this affair are in Private Controversies, V, 122-130. 



1699.] OF CONNECTICUT. 285 

Acts and Laives passed ly this GerC^^ Asseinhly. 
An Act for punishing the Concealmt of the Death of a Bastard, 
as in case of Murder. 
Ordered and enacted by the Govern"", Councill, and Repre- 
sentatives, in General! Court assembled, and by the authoritye 
of the same : That if any woman be delivered of any issue of 
her body which if it were born alive should by lawe be a bas- 
tard, and that she indevour privately either by drowning or 
secret burying thereof or any other way, either by herselfe or 
the procuring of others, so to conceal the death thereof that it 
may not come to light, whether it were born alive or not but 
fee concealed, in every such case the mother so offending, shall 
suffer death as in case of murder. Except such mother can 
make prooff by one witnesse at the least, that the child whose 
death was by her so intended to be concealed, was born dead.* 

An Act for the relieving of Ideots and Distracted Persons. 

It is ordered and enacted by the Govern'', Councill, and 
Representatives, in Generall Court assembled, and by the 
authority of the same : That when and so often as it shall 
happen any person to be naturally wanting of understanding, 
so as to be uncapable to provide for him or her selfe, or by the 
providence of God shall fall into distraction and become non 
compos mentis, and no relations appear that will undertake 
the care of providing for them, or that stand in so near a 
degree, as that by law they may be compelled thereto ; in 
every such case the select-men or overseers of the poor of the 
town or peculiar where such person was born or is by law an 
[326] inhabitant, be and hereby are impowred and enioyned || 
to take effectuall care and make necessary provision, for the 
relief, support and safety of such impotent, or distracted per- 
son at the charge of the town or place whereto he or she of 
right belongs ; if the partie hath not estate of his or her own 

* This law was copied, with nn immaterial variation, from an act passed in Massa- 
chusetts in May, 1696, which was talien from the Act xxi, Jacobi, cap. 27. In the 
revision of our statutes printed in 1702, the act and preamble appear as they were 
found in the Massachusetts Laws. The immediate occasion of the passage of the act 
here was a recent case happening in Farmington. Rec. Co. of Assist., I, 92. Crimes 
and Misdemeanors, I, 219-223. 



286 PUBLIC RECORDS [May, 

the incomes whereof shall be sufficient to defray the same. 
And the justices of the peace within the same countie at their 
countie courts may order and dispose the estate of such impo- 
tent or distracted persons to the best improvem^ and advantage 
towards his or her support, as also the person to any proper 
work or service he or she may be capable to be imployed in, 
at the discretion of the select men or overseers of the poor. 
And where the estate of any such person consists of housing 
or land, in every such case the Generall Court upon applica- 
tion to them made may licence and authorize, the select-men 
or overseers of the town or place whereto such person belongs 
or such others as the said Court shall tliinke fit, to make sale 
of such housing or land, the product thereof upon sale to be 
secured, improved, and imployed, to and for the use, relief 
and safety of such impotent of distracted person (as the Court 
shall direct) as long as such person shall live, or untill he or 
she be restored to be of sound mind, and the overplus (if any 
be) to and for the use of the next and right heirs of such 
partie. 

And the like power and authority is hereby granted unto 
the aforesaid Court with reference to any person or persons 
now under distraction or non compos mentis, as well for the 
satisfying the charges already past as for what may be future 
for the support, relief and safety of any such person.* 

An Act for the regulating Retailers of Drink. 
It is ordered and enacted by the Govern'", Councill and 
Representatives, in Generall Court assembled, and by the au- 
thority of the same : That from and after the first of July next 
ensuing the date hereof no vintner, ordinary keeper or retailer 
of wine or strong drinke shall sell for or take more then twelve 
pence in pay or eight pence money for a pint of Madera wine ; 
and not more then nine pence in pay or sixe pence in money 
for a pint of Fiall wine ; and not more for rum then three 

* This Act was copied from an Act passed in Massachusetts, November, 1693, and 
it would seem that Secretary Kimberly had made his record from a printed copy 
of that Act; for, as originally recoided, it did not vary from it save in the enacting 
clause; the alterations have been made by drawing a pen through some words, and 
bv writing over others. 



1699.] OF CONNECTICUT. 287 

pence in pay for one gill or two pence in money ; and for cyder 
or strong bear not more then two pence p"" quart in money or 
three pence in pay. And if any vintner, ordinary keeper or 
retailer of wine or strong drinke shall exceed the prizes above 
mentioned, he shall for every default be liable to the forfeiture 
of ten shillings in currant money, one halfe thereof to the 
complainer that shall prosecute his complaint to effect, and the 
other halfe to the treasurye of the countie where the offence 
shall be committed. Any one justice of peace to hear and 
determine the said offence. 

An Act for repealing the law for paym* of Custome and Impost 
upon Wine and Liquors imported. 
Ordered and enacted by the Govern"", Councill and Repre- 
sentatives, in Generall Court assembled, &c. That the law for 
[327] the paym* of custome and || impost for wine and liquors 
imported into this Colony be repealed, and the same is hereby 
repealed and made void. 

An Act for the exempting of the settled Ministers of the Gos- 
pel in this Colonic from paym' of Rates. 
The Govern'', Councill and Representatives, in Generall 
Court assembled, from their peculiar regard unto, and for the 
incouragemt of the severall ministers of the gospel that are 
called and settled in this Colonic, doe order and enact that 
their estates in the severall towns where they live shall be 
exempted from paying rates, and therefore not to be listed in 
the publick and generall list. 

An Act for the incouragemt^ of killing of Wolves. 
Ordered and enacted &c, That there shall be paid by the 
countrey in country pay for every grown wolf that shall be 
killed twentie shillings, and ten shillings more by the town 
where such wolfe or wolves shall be killed, and halfe so much 
for killing of a whelp that sucks. 

The time stated for keeping the Countie Courts in Newhaven 

Countie. 
Ordered and enacted &c. That the two stated countie courts 
in Newhaven countie shall be holden the one on the second 



288 PUBLIC RECORDS [May, 

Munday of June, and the other on the second Munday of 
November annually. This order to be observed for the future 
till the Generall Assembly order otherwise. 

The constitution and power of the Councill in the intervales 
of the Court. 
Ordered and enacted &c, That the Councill assigned to 
assist the Governour in the intervales of the Courts, shall con- 
sist of the same members, and have the same power to act in 
all aifairs that doe concern the weale of the Colonic, as by the 
act of this Assembly in October last, is granted. This order 
to continue untill October next. 

Newhaven eountie courts stated. 

Ordered and enacted tfc, Tliat the two stated eountie courts in 
Newhaven eountie shall he held the one on the second 3Iu7iday in 
June, the other on the second Munday in November annually till 
the Court order otherwise. 

Majr Moses Mansfield appointed Judge of the Countie Court 
in Newhaven countye. 

Ordered an d^ enacted &c, That the Treasurer by force of this 
act shall be fully impowred to demand, sue for, and recieve, 
to the use of the Colonic, all and every such sume or sufhes of 
money that now are due to the Colonic from any officer ap- 
pointed to collect and recieve the excise or any other duties 
that according [to] lawe ought to be paid to the publick 
treasurye by strangers that come to trade in the goverm', and 
in consideration thereof to be allowed fortie shillings in cash 
for his pains therein for this present year as an addition to his 
sallerye allowed for accounting with the constables. 

Mr Nehemiah Palmer is by this Court appointed a Justice 
of Peace in the countie of Newlondon, and M«" John Hooker 
appointed Justice of Peace and Quorum in the countie of 
Hartford, M^ Abraha Ambler Justice of Peace in the countie 
of Fairfield, M.^ Nehemiah Smith to be Justice of Quorii in 
Newlondon countie. 

M"" Sam" Eels is by this Court appointed Capt^ of the second 
trainband in the town of Milford, Lieu^ Sam" Jones to be 
Capt" of the trainband in the town of Saybrook, Mi" John 



1(399.] OF CONNECTICUT. 289 

Gierke to be the Lieu* of the trainband in the s"^ town of Say- 
brook. 

Ordered and appointed &c, upon the desire of the town of 
Preston that M"" John Butcher, Lieu' Richard Bushnell, and 
M"" Nehemiah Palmer, or any two of them be a comittee to 
runne the dividing line between the towns of Newlondon and 
Preston at the charge of the town of Preston, the inhabitants 
of Preston giving timely notice to the inhabitants of New- 
london when the worke is to be done. This vote not granted 
by the Upper House. 

Upon the motion of the Representative of Midltown, liberty 
is granted to the trainband in the said town to divide into two 
companies, upon an equall division. 

Ordered &c. That the thanks of this Assembly be returned 
to the Rever^ M'' Sam" Russell for his pains in preaching the 
election sermon. 

This Court grants the Rever' M"" Thomas Buckingham of 
Hartford two hundred acres of land where it may be had with- 
out preiudice to any former grant or the settlm^ of any planta- 
tion ; also two hundred acres to M"" Joseph Web, minister at 
Fairfield, upon the same conditions. 

[328] Ordered and enacted by the Deputy Govern"", Councill 
and Representatives, in Generall Court assembled, &c. That a 
Patteut be gran [ted] of the township of Newlondon, to the sev- 
erall persons hereafter named as pattentees, which shall be 
sign'' by the Hon^'^ Colon" Rob' Treat, Dep. Governour of this 
Colonye, and the Secretary, with the seal of the Colonic affixed. 
The names of the pattentees, are as followes : 

Fitz Jn" Winthrop Esq"", Lieu'^ James Averye, 

Wait Still Winthrop Esq"", M"" Richard Cristophers, 
Capt" Dan^i Witherell, M'' Joseph Latham, 

Mr John Davie, M"" Nehem. Smith, 

M'" Gurdon Saltonstall, M"^ Sam" Fosdick, 

M"" Alexander Pygon, M"" Will Duglas, 

Capt" James Morgan, M"" Thomas Bowles, 

and the rest of the inhabitants freeholders in the said town- 
ship of Newlondon, as if named. 

37 



290 PUBLIC RECORDS, [May, 

Auditors of the Countrye Accounts appointed. 

Capt" Daniel Wetherell, Capt" John Chester, M"- Joseph Cur- 
tis, and Mr John AlHn are by this Assembly appointed audit- 
ors of the country accounts, and if any one of them should 
fail, M"" William Pitkin is to supply his place. 

Resolved, That it is the opinion of the Governour, Councill 
and Representatives in Generall Court assembled. That if any 
person be found guiltye of attempting and practising, the 
counterfeiting or clipping, rounding, filing or otherwise deba- 
sing any of the monies and coins currant in this Colonic, that 
it [is] in the power of the justices at their sessions (by virtue 
of the laws now in force in this Colonic, to bind such person 
(being thereof lawfully convicted) to the good behaviour with 
sufBcient sureties by the discretion of the justices before whome 
such delinquent shall be lawfully convicted ; and if such delin- 
quent shall not procure such surety, then may the justices 
comit such person to the comon gaole there to remain untill 
he shall be delivered, according to order of lawe. 

Ordered and appointed that M'" Willia Pitkin, Capt^ John 
Chester, and Capt" William Whiting be a comittee to view the 
lands at Lebanon, and to consider what quantity e may be con- 
veniently allowed for a plantation there, and to make return 
to this Court in Octob^ next ; the worke to be done at the cost 
of the inhabitants of Lebanon, and the comittee to attend the 
worke at their call. 

Ordered and appointed that this figure, viz. (4) shall be the 
brand mark for horses in the township of Lebanon. 

Liberties granted by this Assembly to Fairfield Village . 

Imp". To make choice annually of two or three persons who 
shall have power to order meetings of the societye to order 
their ministers rate, and what concerns may be needfull about 
their meeting house, 

2. To choose collectors of the rates, and that they shall have 
full power by uirtue of a writt from lawfull authority upon 
non payment to distrain. 

3, To choose a constable whose power shall reach from the 
west side [of Paquajnuck River unto the uttermost bounds of 
the village west[ward,accord]ing to the limitations granted to 



1699.] • OF CONNECTICUT. 291 

[329] their comission of 1| officers, the village consisting partly 
of Fairfield and partly of Stratford. 

4. That they shall have libertye to choose anually a society 
recorder, to be sworn to that worke. 

Acts of the Govern «•, Councill and Representatives &c. referr- 
ing to Windha. 

The Govern >■, Councill and Representatives, in Gen^ii Court 
assembled, approving of the aggreem^ of the inhabitants of 
Windham exhibited, bearing date March the 16'^, 1699, and 
signed by most of the principle inhabitants of the said town, 
referring to their assembling together for publick worship, doe 
hereby rattifie and confirme the said aggreement, and doe 
require and enioyn all the inhabitants of the said town of 
Windham to conforme thereunto, (both those that are ex- 
pressely mentioned in the said aggreem* and those that are 
thereby intended) and to promote the fulfilling thereof in all 
its parts, (according to the true intent and meaning of the said 
aggreement) both with their persons and estates.* 

The Governour, Councill and Representatives &c, doe also 
hereby declare that they doe well approve of the desire of the 
people of Windham to embodye themselves in church estate, 
and to settle the Rever' M"" Samuel Whiting to be their ordeined 
minister, and are ready to give them all good countenance and 
incouragemt in that worke, provided they proceed therein with 
the advice of the neighbour churches. 

An Act for the enlargem* of the new plantation lately granted 
at or neer Jeremies Farme, upon the roade to Newlondon. 
Ordered and enacted &c, That the north bounds of the said 

new plantation shall be (as formerly at Twentye Mile River, 

* The articles of agreement between the inhabitants at the south end of the town 
and those of the north end, signed by thirty three, are recorded in Col. Rec. of Deeds 
&c, 11, 283. The substance of them is 1, that religious services shall be held in the 
summer and fall at the north end of the town, and in the winter and spring at the 
south end: 2, that each end of the town should build a meeting house sufficiently 
large to accommodate the whole congregation: 3, training days and town meetings 
shall be. held. at either end of the town according as the religious exercises are divided. 

t The petition of the town for leave to embody into church estate and to ordain 
Rev. Samuel Whiting is in Eccl. 1, 141. 



292 PUBLIC RECORDS [May, 

and the south bounds to ioyn to the north bounds of Lyme, 
and the west bounds to joyn to the east bounds of Midltown 
and the east bounds of Haddum, and the east and northeast 
bounds to rune to the bounds of Lebanon and Norwich, as it 
shall be stated by the comittee now chosen by this Court to 
survey those lands. The bounds of the said new plantation 
to be so stated as not to preiudice former grants. 

Acts of the Govern'', Councill and "Representatives, &c. refer- 
ring to the inhabitants of Quinabauge. 

Granted upon the motion of the Govern"" and petitio of y« 
people of Quinabaug.* 

Imp''. That they shall have the powers and priviledges of a 
township, provided it doth not preiudice any perticular per- 
sons propertye. 

2. That their bounds shall be as exprest by the Govern""* 
Hon"", viz. ten miles east and west and eight miles north and 
south, abutting southerly on Preston and Norwich bounds and 
westerly on Windham bounds, provided it doth not preiudice 
any former grant of townships. 

3. That the Govern^s Hon"^ shall give the plantation a name, 
and also appoint a horse-brand for the use of the inhabitants. 

4. That they shall have three yeai-s exemption from paying 
rates to the countrye. 

5. That Capt" Dan^ Witherell, M"" William Pitkin, and 
Capt"! William Eelye, they or any two of them shall be a 
coihittee to lay out the bounds of the town and to make return 
thereof to this Court in Octob"" next. 

Liberty and full power is by this Assembly granted to 
Hannah Mason of Hartford with the advice of Capt" Cyprian 
Nickels to sel some land in the the township of Hartford in 
the West Division, belonging to the estate of her deceased hus- 
band, for paym* of debts due from the said estate. 

Liberty and full power is by this Assembly granted to John 
Osborn sen"" and John Barlowe both of the town of Fairfield, 
administrate on the estate of Joseph Bears late of the said 

* The petitioners represent that above thirty families ar« already there. To^na 
and.Lands, II, 7S. 



1699.] OF CONNECTICUT. 293 

town deceased, with the advice and consent of Capt'i Nathan 
Gold and Lieu* John Wakeman, to make sale of some lands 
belonging to the estate of the said Joseph Bears for the paym* 
of such just debts as are due from the said estate. 

Liberty and full power is by this Assembly granted to Wil- 
liam Long of Hartford, administrate to the estate of Arthur 
Henbury deceased, to sell so much of the lands belonging to 
[330] the estate of the said Arthur as shall be necessary || for 
the paymt of such just debts as are due from the said estate. 

Liberty and full power is by this Court granted to Elizabeth 
Baldwin of Milford, widdowe, to make confirmation according 
to lawe of a certain parcell of land unto the purchaser, which 
was sold by her husband in his life time to a neighbour of his 
and for which he recieved a good part of the pay. 

Liberty and full power is by this Assembly granted to Eliz- 
abeth Wells widdow and relict of Joseph Wells late of Hart- 
ford deceased, and administratrix to the estate of her deceased 
husband, with the advice of M'' Thomas Hooker and Capt" 
Cyprian Nickols, to sell some of the land belonging to the said 
estate for the paym' of debts that are due therefrom, they 
amounting to about fortie pounds. 

Liberty and full power is by this Assembly granted to M'^^ 
Elizabeth Eyre of Newhaven, widdowe, to sell three ac^ and a 
halfe of upland, and two ac^ and a halfe of meddow, to satisfie 
a debt due for monies borrowed to procure the enlargement of 
her husband who was taken by the French in the late warre ; 
the sale thereof being made with the advice of Maj"" Mansfield 
and Mr John AUin. * 

Libertye and full power is by this Court granted to Jeremiah 
Judson jun"" of Stratford, with the advice of M"" Joseph Curtice 
and Capt" James Judson of the same town, to sell so much of 
the lands belonging to his father Jeremiah Judson as shall be 
needfull for the maintenance of his said father and familie in 
his age and infirmitye of bodye. 

Upon the petition of divers persons inhabitants of Gilford 
and Kenelworth, this Court grants liberty for a plantation at 
the place comonly called Cockinchaug, to be bounded north- 
erly upon Midi town, easterly by Haddum, westerly by Wal- 



294 PUBLIC RECORDS [May, 

ling-ford, and southerly by Gilford and Kennelworth. Provi- 
ded it doth not preiudice any former grants nor interrupt any 
perticular propriety.* 

And Capt" Nathan" White and Capt" Thomas Yale, with 
M"" John Griswold and M"" Dan" Brainard, are by this Assem- 
bly appointed a committee with full power to view the lands 
at Cockinchauge and the parts adiacent, and to lay out a town- 
ship there in such forme as they shall judge most convenient 
for the farmes already laid oiit there. 

Vpon the petition of Capt" William Eelye and Lieu* John 
Clerk in the name of those of the legatees mentioned in Josh- 
uahs will, this Assembly doth appoint and impower M'' William 
Pitkin, Capt" John Chester, and Capt" William Whiting, to 
be a comittee to lay out and settle the east and south bounds 
of a tract of land given to the said legatees by the said will, 
and a pattent thereof granted to them by this Assembly in the 
year 1687, and therein to proceed according to the direction 
of the s^ pattent. t The worke to be done at the charge of the 
petitioners. 

Mr Daniel Shilton of Stratford in the right of his wife Eliz- 
abeth, the daughter of Capt" Sam" Wells late of the town of 
Wethersfield deceased, made application to this Court com- 
plaining that Capt" Sam" and Ensign Thomas Wells, sonnes 
of the said Capt" Sam" Wells deceased, did uniustly withold 
from him his just right and due from their fathers estate, and 
[331] that after long suits in || law from court to court he ' 
could have no relief against them for the recoverye of his just 
right, and therefore prayed relief of this Court according to 
justice and equitye. This Assembly having heard the pleas 
and replies of plaintiff and defend'% give judgm* for the plain- 
tiff as foUowes, viz. that the defendt^ Capt" Sam" Wells of 
Glassenbury and Ensign Thomas Wells of Wethersfield shall 

* Towns and Lands, II, 165, 166. 

t The patent is recorded in Col. Record of Deeds &c, II, 184. The land is described 
as " lyeing on both sides Ungushet River and abutting on the westward of the moun- 
taines within sight of Hartford and of Hartford bounds, north to Major Tallcot's farme, 
northeast to Wattochoguiske upon tlie east side bounded eight miles in bredth from 
the mountains eastward and to cary that bredth throughout the length being eighteen 
miles." The petition in behalf of the legatees is in Towns and Lands, II, 71. 



1699.] OP CONNECTICUT. 295 

pay or cause to be paid to M"" Dan'' Shilton or his order the 
Slime of one hundred and twentie seven pound fourteen shil- 
lings, as his part or portion in the estate of Capt" Sam" Wells 
formerly of Wethersfield deceased, in right of his wife Eliza- 
beth, daughter to the said Capt" Sam" Wells deceased. It is 
further -ordered that what doth appear to be distributed to the 
said Elizabeth in reall or personall estate, amounting to eightye 
pounds ten shillings, shall be deducted out of the one hundred 
and twentye seven pounds fourteen shillings above mentioned, 
and the remainder which is fortie seven pounds four shillings 
shall be paid in currant countrye pay by the abovesaid persons, 
viz. Sam" and Thomas Wells joyntly or severally, and that 
they pay unto the costs of this court. That the land distrib- 
uted to his wife amounting to fortie two pounds ten shillings 
shall be recorded to him in the records of Wethersfield, and 
that whereas there is some considerable losse of land at Hoc- 
caniim, it is further ordered that if that shall be regained by 
the shifting of the great river, the said Shilton shall have one 
seventh part thereof. Cost allowed in this action at two 
pounds five shillings cash. 



A Generall Assembly holden at Hartford, Octob>- 12*'', 

1699. 
Present : 
John Winthrop Esq^, Govern^ 
Colonic Robt Treat Esq"", Dep. Govern^. 
Assistants pr-esent : 
Capt" Sam" Mason, Maj"- Moses Mansfield, 

Capt" Dan" Witherell, Capt" John Hamlin, 

Nathan" Stanley Esq"", Willia Pitkin Esq"-, 

Capt" Caleb Stanley, Joseph Curtis, Esq"". 

Deputies present : 
For Hartford, Capt" Cyprian Nickolls, Capt" Joseph Wads- 
worth. 
For Windzor, M"" Joh. Woolcutt, Capt" Thomas Stoughton. 
For Wethersfield, Capt" Rob* Wells, Capt" John Chester.* 

* Speaker of the lower Hoxise. 



296 PUBLIC RECORDS [Oct. 

For Newhaven, M' John AUin, M^ Abralia Bradley. 

For Newlondon, Capt" James Morgan, M-" Nehem. Smith. 

For Fairfield, Lieut John Wakeman, Ensign Jn^ Osborn. 

For Farmingto, Capt" Tho. Hart, M^ Jn" Hooker. 

For Midltown, Capt" Nathan" White. 

For Branford, M-" Will Malbye, Capt" Eleaz^ Stent.* 

[322] For Milford, Capt" Sam" Newton, M"- Sylvanus Baldwin. 

For Norwich, Lieu* Rich'''^ Bushnell. 

For Gilford, M-" Josiah Rossiter, Lieut Abra Fowler. 

For Stanford, M^ Sam" Hoyt, M"- Jonath. Bell. 

For Symsbury, M"" Dan" Addams. 

For Norwalk, M-" Sam" Hayse. 

For Stratford, M"" Sam" Sherma, M"- Ephraim Stiles. 

For Stonington, M"" Henry Stephens. 

For Keiielworth, M^" Jn° Griswold. 

For Saybrook, M^ Jn^ Parker, M'' Nathan" Chapma. 

For Lyme, Lieu' Abraha Brownso, Ensign Joseph Peck. 

For Haddii, Capt" George Gates, M'' Will Spencer. 

For Waterbury, M-- Tho^ Jud. 

For Rye, M"" Tho« Merrit, Lieu* Jn^ Horton. 

For WaUingford, Lieu' Sam'^ Hall, Serjt Jn" Merriraan. 

For Woodbury, M"" John Sherman. 

For Derby, Capt" Eben"" Johnson. 

For Glassenbury, M"" Jonath. Smith. 

For Preston, M"" Jn" Parker. 

Persons nominated to stand for election in May next, out of 
which 7iumber the Assistants for the ensuing year are to he 
chosen : 

Majf Gen"-" Fitz Jn" Winthrop Esq--, Colon" Rob* Treat 
Esqr, Sam" Willis Esq"", Capt. Andrew Leet, Maj"" James Fitch, 
Capt" Sam" Mason, Capt" Dan" Wetherell, M"" Nathan" Stan- 
ley, Capt" Caleb Stanley, Majr Moses Mansfield, Capt" John 
Hamlin, Maj"" Jonath. Sellick, Capt" Nathan Gold, M^" Joseph 
Curtice, M^ Will Pitkin, M"" Richard Cristophers, Capt" Jn^ 
Chester, M"" Tho. Hooker, M"" John More, M"" John Hains. 

* Clerk of the lower house. • 



1699.] 



OP CONNECTICUT 



297 



The lists of the persons and rateable estates of the severall 
inhabitants of this Colony : 





List of Estates. 










Us. 


Persons. 




Us. Persons. 


In Hartford, 


17324 


300 


In Wallingford, 


05057 


088 


in Windzor, 


15657 


290 


in Lyme, 


05299 


093 


in Newliave, 


16534 


315 


in Woodbury, 


02684 


065 


in Fairfield, 


11500 


150 


in Waterbury, 


01700 


047 


in Newlondo, 


09196 


208 


in Branford, 


04286 


080 


in Wetliersfield, 


10974 


218' 


in Glassenbury, 


02292 


061 


in Stratford, 


08912 


130 


in Rye, 


03306 


060 


in Midltown, 


06021 


150 


in Darbye, 


01920 


044 


in Stoningto, 


05767 


108 


in Bedford, 


00970 


026 


[333] Stanford, 


05650 


090 


in Gilford, 


07722 


136 


in Kiilinworth, 


02600 


052 


in Farmingto, 


07025 


116 


in Sjaiisbiiry, 


03245 


090 


in Nor walk, 


05895 


120 


in Greenwich, 


03658 


078 


in Norwich, 


05606 


125 


in Preston, 


02510 


061 


in Haddum, 


02744 


092 


in Saybrook, 


06380 


134 


in Milford, 


10308 


178 


in Danbmy, 


01805 




in Windha, 


02004, 10« 



Ordered and enacted by the Govern^, Councill and Repre- 
sentatives, in Gen^n Court assembled : That the severall inhab- 
itants of the towns of Windham and Danbury doe forthwith 
after due notice given give in a true list of all their male per- 
sons from sixteen years old and upward that according to lawe 
ought to be put into the countrye list, and also of all their 
rateable estate both reall and personall to the respective select- 
men of the said townes by them to be transmitted to the Sec- 
retary to be enrolled, that so they may pay their dues to the 
publick charges of the countrye with other plantations in this 
goverm* : this order to be duely and seasonably attended by 
the respective persons concerned, and whosoever shall neglect 
the same shall thereby incurre the penaltye of the lawe in such 
case provided ; the lists to be sent to the Secretary before the 
last day of November next ensuing. 

A. letter of instructions from the Lords Comissioners of the 
Councill of Trade and Plantations to the Govern"" and Com- 
pany, dated Octob"" the 25% 1698, was read in this Assembly ; 
also a letter from the Secretary of State of the 2^ of January, 
1698, concerning the Scotts settled in America ; also a letter 
38 



298 PUBLIC RECORDS [Oct. 

from the Lords Justices of Aprill the 24, 1699, and an inclosed 
order of referrence to the Lords of the Couucill of Trade upon 
two petitions, the copies whereof were inclosed, with the opin- 
ion of the Lords of the Councill and his Majei'^s order there- 
upon. 

The Representatives moving the Upper House to nominate 
and appoint some members of their house to joyn with some 
of their own in counting the votes for nomination, the Upper 
House being inguaged in affairs of publick concernment and 
not able to spare any of their members for that service referred 
the whole managem* of that matter to the prudence and fidel- 
ity of the House of Representatives. 

James Wright of Saybrook refusing to bring in a list of his 
rateable estate, M"" John Parker, M'' Nathanii Chapman, and 
M"" John Griswold were chosen a comittee to assesse him will 
and doom as the law directs. 

At this Assembly Capt" Sam" Mason took the Assistants 
oath before the Govern'' and Councill. 

This Assembly doth hereby direct and impower the Treas- 
urer of the Colonic either by himselfe or by his order to ship 
on board any vessell for transportation to Boston, or elsewhere 
into the neighbour govemm^s such quantities of grain and 
provision, as he shall judge necessary to be transported for the 
countryes sei'vice, and to consign the same to such trustie and 
faithfull person there whome he is in his discretion shall judge 
most fitt to be imployed in that service, for the promoting of 
the Colonies interest. 

Michael Tainter, Sam" Northam and Nathan"' Foot appear- 
ing in this Assembly in the behalfe of the new plantation 
called Colchester, and complaining that they are obstiiicted in 
the improvem* and settlment of said plantation by reason of 
severall persons that claim considerable tracts of land within 
the grant of said township, and particularly severall of the in- 
habitants of Saybrook ; this Court doe therefore order that all 
persons claiming any lands there, shall appear, at the Generall 
Court in May next and make their claims appear, that so the 

* For. Corresp. I, 72, 75, 79, 78. The petitions were those of Edward Palmes, and 
John and Nicholas Hallam. 



1699. j OF CONNECTICUT. 299 

grantees may not be further obstructed, in their settlment of 
said plantation ; and that the name of tliat plantation shall be • 
called Colchester and belong to the countie of Newlondon. 
And further that this act be transmitted to the severall towns 
where any persons claiming land there doe reside, that so they 
may have seasonable notice thereof. 

This Court grants to M"" Joseph Curtis of Stratford one 
hundred and fiftie ac^ of countrye land, he to observe the 
directions of lawe in his taking of it up. 

Ordered by this Court and the authority thereof, that the 
inhabitants of Windzor on tlie east side of the great river be- 
longing to the societye there shall have liberty to choose three 
or four men for a comittee to order the a^ffairs apperteining to 
that societye, and also collectors to gather rates. 

The former comittee appointed to run the bounds of Pigs- 
comscutt the last May are yet continued for that worke, and 
to make return thereof to this Assembly in May next if it may 
be atteined. 

[834] Ordered by this Court and the authoritye thereof, that 
the Councill assigned to assist the Govern'' in the intervales of 
the Generall Assembly shall consist of the same members and 
have the same power to act in all affairs of publick concernm', 
as was granted by this Assembly in October and in May last. 
This order to continue till the sessions of this Assembly in May 
next. 

This Court doth appoint the Deputy Govern'" Colon" Rob* 
Treat Esq"-, Capt'^ Sam" Mason Esq--, Capt" Dan" Witherell, 
and the Reverent M'" James Noyes, to be a comittee in behalfe 
of this Colonic farther to indeavour the settlm' of the line 
between this Colonic of Connecticutt and Rhode Island ; the 
above named gentlmen to attend the worke within one month 
or sixe weeks at farthest if it may be. And they (viz. the 
above named gentlmen) or any three of them or any ihrae of 
them to be a full coiTnttee to conclude the above mentioned 
treaty, and are to make their return to the Governour and 
Councill, as soon as may be. And if they make not any ami- 
cable aggrement with the goverm^ of Rhode Island, or any 
comittee appointed by them, this Court doth impower the 



300 PUBLIC RECORDS [Oct. 

Govern"" and Councill to make choice of, comissionate, and 
instruct, some meet person in England to negotiate there in 
that matter in behalfe of this Coloiiie, and to advance upon 
the publick charge of this Colonic what sumes of money they 
shall see meet for the aforesaid use. 

This Court see reason to make choice of Capt" Dan" With- 
erell to be Captain of the fort at Newlondon, and they see 
reason and hereby doe discharge Capt" Prentice from attend- 
ing said fort any longer and doe order him to deliver up 
to said Capt" Dan" Witherell all the gunnes, armes and 
amunition and utensills that doe belong to the said fort, which 
are to be entred in a book and kept upon record there that they 
may not be forgotten, and order Captain Witherell to put in 
another gunner, allowing him fortie shillings in pay p"" year 
and no more. 

Capt" Jonathan Sellick of Stanford and M"" Sam" Hoyt were 
by this Assembly chosen to be Justices in the countie of Fair- 
field. 

Increase Holly appointed by this Assembly Ensign of the 
trainband in Stanford. 

Enacted by the Governour, Councill and Representatives in 
this Generall Court assembled : That all the just expences and 
charges that have been laid out for imprisoning and maintain- 
ing in prison those severall persons that are now imprisoned 
in the prison of Newlondon for pyracye or robbery e on the 
seas shall be taken out of that money that was seized with 
them or had been in their possesion. And for the future there 
shall be sequestred and reserved one hundred and fiftie pounds 
of the same money to be expended, on what charges shall arise 
for their maintaining or other way ; the remainder to be re- 
turned to those that in lawe can demand and give discharge 
for the same. 

This Assembly desireth the Hon"'^ Govern'' and Councill to 
send an answer to the letter sent by the Lords Comissioners of 
Trade and Plantations to the Govern^, concerning appeals for 
England.* 

A question arising whether the lawe made in May, 1684, 

* The draft of the letter is in For. Corresp., I, 83. 



1699.] OP CONNECTICUT. 801 

for the quieting' mens estates be a barre to prevent lawsuits 
against any persons in the possession of such lands, in answer 
thereunto this Assembly doth declare it to be their opinion 
that all persons that did neglect to make entry of action 
against such lands or hereditam's shall not be denyed a pro- 
cesse in lawe notwithstanding the lawe stands good. 
[335] Ensign Joshua Hogkisse having been formerly wounded 
in his right arme upon the publick service, whereby he is dis- 
enabled from his labour and not likely to obtein a cure, and 
he moving to this Court for a reasonable allowance annually, 
this Court grants to said Hogkisse the sume of four pounds 
in pay to be paid out of the cquntrye rate this year, and that 
himselfe and estate be left out of the publick lists of estate for 
the future. 

This Assembly doth remit to M'^^ Marie Gilbert the one 
halfe of the excise money which she inguaged to Lieut Zecha- 
riah Sanford to pay. 

This Court being informed by the inhabitants of our town 
of Windzor that divers of the inhabitants of the townes of 
Southfield and Enfield in the Province of the Massachusetts 
Bay intrench above two miles upon lands belonging to this 
Colonic, and by pattent granted by this goverment to the town 
of Windzor aforesaid, and hath by them for many years been 
quietly possessed of the same, which lands they forcibly enter 
upon by cutting of timber, making tarre, and turpentine, and 
fencing and breaking up some of the said land, to the great 
damage of the said town of Windzor : for the prevention of 
which irregularities for the future, this Court orders, that a 
comittee be appointed, to treat with the goverment of the 
Province of the Massachusetts Bay or a comittee appointed by 
them for a settlment of a line between this Colonic and said 
Province, that so this goverment, and the town of Windzor 
under them, may quietly possesse and enioy what of right be- 
longs to them, and they have so long enioyed. And these 
presents shall be sufficient warrant to the inhabitants of our 
townes of Windzor and Symsbury, for possessing and occupy- 
ing (what of the premises doe belong to them and they have 
been long possessed of) till said settlement is oliteined ; the 



802 PUBLIC RECORDS Oct. 

comittee to be chosen, appointed and comissionated by the 
Govern'' and Councill. 

This Court grants a rate of three pence upon the pound of 
all the rateable estate in this Colonic for the defraying the 
publick charges, to be paid in provision pay, viz. winter wheat 
at five shillings sixe pence p"" bushell, rye at three shillings p"" 
bushell, pease at three shillings sixe pence p"" bushell, Indian 
corn at two shillings sixe pence p"" bushel, all good and mer- 
chantable, and porke at three pounds 10^ p"" barrell, repact by 
a sworn packer, and marked with his marke, but if any will 
pay the whole or any part of their rate in money it shall be 
accepted at two thirds. 

It is further ordered that all debts for money borrowed for 
the use of the Colonic shall be paid in the same specie, and 
sallerye debts and other money debts for publick expences, 
shall be a third more to be paid in provision pay at the prizes 
aforesaid, viz. the salleries granted in Octob'', 1698, to the 
Assistants and Deputies. 

This Court grants to the Hon^'^ Govern'' for a sallerye this 
year one hundred and twentye pounds to be paid in provision 
pay at the prizes stated by this Court. This Court grants to 
the Hon'''^ Deputye' Governour for a sallerye this year the 
sume of sixtie pounds to be paid in provision pay at the prizes 
stated by this Court. 

This Court grants to the Treasurer a sallerie of twentye 
pounds for this year to be paid in provision pay at the prizes 
stated by this Court. This Court doe allowe to the Treasurer 
twelve pounds for riding the circuit to make up his accounts 
[336] with the constables the year || ensuing to be paid in 
provision pay at the prizes stated by this Court. 

This Court grants to the Secretary a sallerye of ten pounds 
for his service this present year, to be paid in provision pay at 
the prizes stated by this Court. 

This Court grants to the Colonic SherrifF for his sallerye 
this present year the suihe of eight pounds, to be paid in pro- 
vision pay at the prizes stated by this Court. 

This Court doe allow to Capt'^ John Chester (Speaker) for 



1699.] OF CONNECTICUT. 303 

his pains and good conduct in the House of Representatives 
in May and Octob"", fortie shillings in pay. 

This Court doe allow to Eleazar Stent twenty e shillings in 
pay for his Clerkship in the House of Representatives, and he 
to transcribe the acts of said house into the records of the 
house. 

This Court allow to Constable Sam^^ Steel for seventeen 
days attendance upon the House of Representatives in May 
and October three shillings p'' day. 

This Court confirmes John Hall of Midltown to be Capt" of 
the trainband at the south end of the town, and Thomas 
Ward to be their Lieutenant, and Sam" Hall for Ensign. 

This Court confirmes Capt" Nathan'^ White of Midltown to 
be Capt" of the company at the north end of the said town 
and Lieu^ Francis Whitmore to be their Lieutenant and Wil- 
liam Sumner to be their Ensign, and doe order that all the 
said officers be comissionated. 

Whereas Abraham Addams of the town of Fairfield entred 
an appeal in the countie court at Fairfield in March last to 
the next Court of Assistants, from the judgm' of the said 
countie court in an action comenced and there depending be- 
tween the said Abraham Addams as administrator to the estate 
of Sam" Addams sen"" deceased, cont"" Elnathan Hanford of 
the said town, for taking away wheat from off the land of the 
said Sam" Addams ; the said Abraham Addams informins: 
that he was prevented from prosecuting his appeal at the said 
Court of Assistants, this Court, (upon his petition) grant to 
him free libertye to prosecute his said appeal at the Court of 
Assistants in May next, he attending the method of law in 
such case provided. 

Majf Edward Palmes addressing himselfe to this Assembly 
by way of dissatisfaction against the countie court at New 
London, there held the third Tuesday in September, 1698, for 
denying him an appeal from the judgm* or sentence of the 
said court in the case there depending between himself and 
John Holam on the one part plaintiffs, and Fitz John Win- 
throp, Richard Cristophers, and Sam" Fosdick, on the other 
part defend'^ : tliis Assembly having considered the matter of 



304 PUBLIC RECORDS [Oct. 

[337] his complaint, || doe order that the said plaintiffs shall 
have liberty to prosecute their appeal in the said action (with- 
out any such barre or obstruction of justice) from the judgm'' 
ofNewlondon court, at the next Court of Assistants, they giv- 
ing sufficient bond according to lawe to prosecute their appeal, 
and also citing the said defend's according to lawe, to answer 
them ; the bond to be given to the clerk of the said countie 
^ourt. 

Ordered by this Court that for the year ensuing the Assist- 
ants shall be allowed for their attendance at the Generall 
Courts and Courts of Assistants, the sume of five shillings p"" 
day in money, or seven shillings and sixe pence in provision 
pay, and the same sume p"" day for their travail forth and 
home, they always bearing their own charge. Further ordered 
that the Deputies salleries for the future shall be three shil- 
lings pr day in money, or four shillings and sixe pence in pro- 
visio pay, and so much p'' day for their travail as the Court 
ordered in Octob'', 1698. 

In order to the fullilling of a former grant of land to the 
Reverent M"" Abraham Pierson, this Assembly doth grant to 
the said M"" Pierson a certain parcell of land situate aboue the 
north bounds of Gilford, adioyning to a parcell of land belong- 
ing to the heirs of the Rever^ M"" Joseph Eliott deceased ; the 
southwest corner a beech tree marked A. P. runing up north- 
ward one hundred and thirtie rods to a walnutt tree marked 
there, then runing eastward three hundred rod to a rock-oak 
tree markt, then runing down southward, on the east end one 
hundred rods to an ash tree markt in a swamp, conteining 
two hundred and fifteen acres, allowing what ways may be 
needfull crosse said land, as it is bounded on the west partly 
on the land belonging to the heirs of M"" Joseph Eliott deceased, 
and partly on comon land, bounded northeast and south on 
■ comon land. Further ordered by this Assembly that a pattent 
for confirmation of the said land to the said M"" Pierson and 
his heirs forever be signed, sealed and delivered to him accord- 
ing to forme of lawe. 

An order for a day of thanksgiving on the first Wedensday 
of November next was read and approved in Court. 



1699.] OF CONNECTICUT. 305 

Maj"" Edward Palmes having misbehaved himselfe before the 
Govern'" and Coiincill sitting in Court, slandrously and falsly 
accusing his Hon"" with speaking words tending to tlie defama- 
tion of a genthiian of trust ; that due testimony may be born 
against such misbehaviour this Court doth adiudge tlie said 
Majr Edward Pahnes, to pay a fine of five pounds to the pub- 
lick treasurye.* 

Vpon the desire of the Governf^ Hon"", this Assembly doth' 
remitt Major Palmes his fine. 

This Assembly leaves it to the Govern'' and Councill to ap- 
point a fast upon any soleih occasion. 

Maji" James Fitch and M^ John Butcher are by this Assem- 
bly appointed to lay out to M"" Caleb Watson the two hundred 
acres of land granted to him Octob'" 13'^^ 1681, according to 
his grant. 

M"" Will Pitkin, Capt'i John Chester, M"" Nehemiah Palmer, 
Capt'^ Thomas Hart, and Capt'' Joseph Wadsworth, or the 
maji" part of them, are by this Assembly chosen a comittee to 
[338] take care of the countries interest in || the undivided 
lands, and to indevour the preventing and detecting all illegall 
trading with the natives for land, and to implead such persons 
as have trespassed upon the countries land by intrusion. 

Complaint being made in this Assembly by Capt'^ Dan'' 
Clerk and M^ Richard Edwards (as attorneys for the country 
constituted by the Govern'' and Councill) against Maj'' James 
Fitch for illegall purchasing a great tract of land of Owaneco 
in the Nipmug and Wabaquassett countrey, a further hearing 
of the said complaint is referred to the next sessions of this 
Assembly in May next. 

M"" William Pitkin, Capt'> John Chester and Capt'i WiUiam 
Whiting, being a comittee appointed to state the bounds be- 
tween Lebanon and Colchester, made their return to this 
Assembly, which is upon the file, and the confirmation of it 
referred to the sessions of this Assembly in May next. Their 
return also concerning the bounds of Lebano is upon the file. 



* The " gentleman of trust" was the King's Attorney General, Sir Thomas Trevor. 
The Upper House immediately ordered Major Palmes under arrest, and sent a mes- 
sage to the House of Representatives giving an account of the case and asking their 
opinion thereon. Miscell., I, 138, 139. 

89 



306 PUBLIC RECORDS [Oct. 

Capt" Sam" Eels of Hingham, administrator on the estate 
of Sam" Coach late of Milford deceased, petitioned this Assem- 
bly for liberty to sell a small island at the month of Milford 
harbonr, belonging to the s^' estate, for the payment of debts ; 
the Assembly having considered his pleas doe not see cause to 
grant his petition. 

For preventing of Fraud in concealing any part of the Estate 
of any Deceased Person. 

It is ordered and enacted by the Govern'', Councill and 
Representatives, in Generall Court assembled, and by the 
authority of the same : That if any person or persons in this 
Colonie shall have in his or their custodye or possession any 
goods or chattels belonging to the estate of a deceased person, 
or any bills, bonds, accounts or such other things, as may tend 
to disclose his or her estate, and upon demand of the same, 
made by the executor or administrator of such estate shall 
refuse to make deliverye, or to give a satisfying account thereof 
to the said executor or administrator, it shall be in the power 
of the next assistant or justice of the peace upon complaint 
thereof made to him by the said executor or administrator to 
award warrant to some fitt person, to apprehend such offender, 
and to bring him or her before such assistant or justice of the 
peace, who may bind him or her with sufficient sureties to 
appear at the next court of probates. Aiid the said court of 
probates shall be and are hereby impowred to examine the 
said offender by his or her oath, upon such interrogatories 
touching such goods, chattells, bills, bonds, accounts and other 
things tending to disclose his or her estate afores'^, as they 
shall thinke meet ; and that if therein the offend'' or offenders 
shall refuse to be examined upon oath or to answer fully to 
every interrogatory to such person or persons to be administred 
by the said court of probates, it shall be lawfull for the said 
court to comitt such offender to the common gaole there to 
remain untill he or she shall better conforme him or herselfe. 
[339] And it is further enacted by the authoritye aforesaid : 
That when and so often as it shall happen, that any person 
dyes intestate, administration of such intestates goods, and 
estate shall be granted to the widdowe, or next of kin to the 



1699.] OP CONNECTICUT. 307 

intestate, or both as the court of probates shall think fit, who 
shall thereupon take bond with sureties, of such person or 
persons (to whome admhiistration is granted as aforesaid) to 
their own satisfaction, for his or their faithful! discharge of 
that worke ; the like bond with sureties shall (by every court 
of probates granting administration upon the estate of intes- 
tates, or others whomesoever) be taken for a faithfull dis- 
charge of the same ; which court of probates, sliall and may 
proceed, to call such administrators to account for and touching 
the goods and estate of such deceased person whether intestate 
or otlier, and upon due hearing and consideration thereof 
(debts, funerall and just expences, of all sorts being first 
allowed) the said court of probates shall and hereby are fully 
impowred, to order and make a just distribution of the sur- 
plussage or remaining goods and estate of any such intestate 
as well reall as personall, in manner following, that is to say, 
one third part of the personall estate to the wife of the intes- 
tate (if any be) forever, besides her dower or thirds in the 
housing and land, during life where such wife shall not be 
otherwise endowed before marriage, and all the residue of the 
reall and personall estate by equall portions, to and among his 
children and such as shall legally represent them (if any of 
them be dead) other then such children, who shall have any 
estate by settlm^ of the intestate in his life time, equall to the 
others shares. Children advanced by settlment or portions 
not equall to y^ others shares to have so much of the surpluss- 
ao-e, as shall make the estate of all to be equall, except the 
eldest sone then surviving (where there is no issue of the first 
born or of any other elder sone,) who shall have two shares 
or a double portion of the whole, and where there are no soaes 
the daughters shall inherit as coparceners ; the division of the 
estate to be made by three sufficient freeholders upon oath 
upon oath or any two of them to be appointed and sworn by 
the said court of probates, unlesse where all the parties inter- 
ested in any estate being legally capable to act, shall mutually 
aa-sree of a division among themselves, and present the same 
in writing under their hands and seals in which case such 
aggreement shall be accepted and allowed for a setthnent of such 



308 PUBLIC RECORDS [Oct. 

estate and be accounted vallid in lawe, being acknowledged 
by the parties subscribing before the said court of probates, 
and put upon record. Provided neverthelesse that where any 
estate in housing and lands cannot be divided among the chil- 
dren without great preiudice or spoiling of the whole, being 
so represented and made to appear unto the said court of pro- 
bates, the said court of probates may order the whole to the 
eldest Sonne, if he accept it, or to any other of the sonnes suc- 
cessively, upon his refusall, he paying unto the other children 
of the deceased, their equall and proportionable parts or shares 
of the true valine of such houses and lands upon a just ap- 
prizem^ thereof, to be made by three sufficient freeholders 
upon oath to be appointed and sworn as aforesaid, or giving 
good security to pay the same in some convenient time as the 
said court of probates shall limit making reasonable allowance 
in the interim not exceeding sixe p'' cent, p"" annii. And if 
any of the children happen to dye before he or she come of 
age or be married, the portion of such child deceased shall be 
equally divided among the survivors. 

And in case there be no children nor any legall representa- 
tives of them then one moietye of the personall estate shall be 
allotted to the wife of the intestate forever, and one third part 
of the reall estate for terme of life ; the residue both of the 
reall and personall estate equally to every of the next of kin of 
the intestate in equall degree and those who legally represent 
them, no representatives to be admitted among collateralls 
after brothers and sisters children ; and if there be no wife all 
shall be distributed among the children, and if no child to the 
[340] next of kin to the intestate || in equall degree and their 
legall representatives as aforesaid, and in no other manner 
shall any such estate be distributed to any wife, children or 
kindred whatsoever. And everj^ one to whome any share shall 
be allotted shall give bond with sureties before the said court 
of probates if debts afterwards be made to appear, to refund 
and pay back to the administrator his or her rateable part 
thereof and of the administrators charges ; the widdowes thirds 
or dower in the reall estate at the expiration of her terme to 
be alike divided as aforesaid, saving to any person aggrieved 



1699.] OP CONNECTICUT. 809 

at any order, sentence or decree made for the sottlm^ and dis- 
tribution of any intestate estate, or at any other order, sen- 
tence, decree or deniall that shall at any time be made and 
given by the court of probates, referring to the approbation 
and allowance of any will, grant of administration, or other 
matter, their right of appeal to the next court of assistants, 
every person so appealing giving security to prosecute the 
appeal with effect. Provided that all such appeals or appli- 
cations shall be entred and prostcuted at the said court of 
assistants by such aggrieved person (if within this Colonic, or 
the Provinces of the Massachusetts Bay and Newyork, Colonic 
of Rhode Island or other parts of Newengland and of full age 
at the time of such court of probates declaring such order, 
sentence or decree,) within eighteen months after such declar- 
ation of said court of probates, or within one year after he or 
she come of age to choose guardians or come into this Colonic ; 
and all persons aggrieved as aforesaid and being present either 
by themselves, or guardians, or having legall notice to be 
present at the court of probates, who shall make such dis- 
tribution or approve and allow any such will, grant or deny 
administration, or other matter shall have liberty to make 
their application or appeal to the next court of assistants and 
to no other after. 

And it is further enacted by the authority aforesaid : That 
if any executor or executors of the will of any person deceased 
knowing of his or their being so named and appointed shall 
not within the space of thirtie dayes next after the decease of 
the testator cause such will to be proved and recorded in the 
registers office of the same countie wliere the deceased person 
last dwelt, or present the said will and declare his or their 
refusall of the executorship, every executor so neglecting of 
his or her trust and duty in that behalfe without just excuse 
made and accepted for such delay, shall forfeit the sume of five 
pounds p"" month, from and ailcr the expiration of the said 
thirtie dayes, untill he or they shall cause probate of such will 
to be made or present the same as aforesaid ; every such for- 
feiture to be had and recovered by action or information in the 
court of probates in the said countie, and to be disposed of 



310 PUBLIC RECORDS [Oct. 

one moitye thereof to the use of the poor of the town where 
the deceased person last dwelt and the other moiety to him or 
them that shall in forme or sue for the same ; and upon any 
such refusall of the executor or executors, the court of pro- 
bates shall comitt administration of the estate of the deceased 
cum testamento annexo unto the widdo\\^ or next of kin to the 
deceased, and upon their refusall to one or more of the prin- 
cipall creditors as they shall think titt. 

And if any person or persons shall alienate or imbezell any 
[341] of the II goods or chattells of any person deceased be- 
fore he or they have taken out letters of administration, and 
exhibited a true inventory of all the known estate of the partie 
.deceased, all and every person or persons so acting shall stand 
chargeable and be lyable to the actions of the creditors, and 
other person grieved, as being executors in their own wrong ; 
and the court of probates shall cause a citation to be made out 
unto the widdow or next of kin, and upon their neglect of ap- 
pearance or refusall may comitt administration of any such 
estate to some one or more of the chief creditors if accepted 
by him or them, or others as the said court shall thiuke fitt 
upon their refusall. 

And be it farther enacted by the authoritye aforesaid : That 
the court of probates in each countie respectively when and 
so often as there shall be occasion be and hereby are impowred 
to allow of guardians, that shall be chosen by minors of four- 
teen years of age, and under twentye one years, and to appoint 
guardians for such as shall be within that age, taking sufficient 
securitye of all such guardians, for the faithfull discharge of 
their trust according to lawe, and to account either to the 
court or minor, when such minor shall arive at full age, or at 
such other time as the said court of probates upon complaint 
to them made shall see cause. 

And it is further enacted by the authoritye aforesaid : That 
every court of probates shall upon their granting administra- 
tion, upon the estate of any deceased person take bond with 
sureties two or more, as aforesaid in the name of the said coiu"t 
with this conditio, viz, The condition of this obligation is such 
that if the within bounden A. B. administrator of all and sin- 



1699.] OF CONNECTICUT. 311 

gular the goods, chattells and creditts of C. D, deceased, doe 
make or cause to be made, a true and perfect inventory of all 
and singular the goods, chattells and creditts of the said 
deceased, which have or shall come to the hands possession or 
knowledge of him the said A. B. or into the hands or posses- 
sion of any other person or persons for him and the same so 
made doe exhibitt or cause to be exhibited into the registry of 
the court of probates at or before the 

day of next ensuing, and the same goods, chattells 

and creditts, and all other the goods, chattells and creditts of 
the said deceased at the time of his death, which at any time 
after shall come to the hands or possession of the said A. B. 
or into the hands or possession of any other person or persons 
for him, doe well and truely administer, according to lawe, and 
farther doe make or cause to be made a true and just account 
of his said administration, at or before the day of 
and all the rest and residue, of the said goods, chattells and 
creditts, which shall be found remaining upon the said admin- 
istrators account, the same being first examined and allowed 
of by the said court of probates, shall deliver and pay unto 
such person or persons respectively as the said court of pro- 
bates by their decree or sentence pursuant to the true intent 
and meaning of this act shall limit and appoint ; and if it shall 
hereafter appear that any last will and testament was made by 
the said deceased, and the executor or executors therein 
named, doe exhibit the same into the said court making 
request to nave it allowed, and approved accordingly, if the 
said A. B. within bounden being thereunto required, doe ren- 
der and deliver the said letters of administration (approbation 
of such testament being first had and made) in the said court, 
[342] II then this obligation to bo void and of none effect or 
else to remain of full force and virtue. 

And it is further enacted by the authority aforesaid : That the 
court of assistants which by the lawes of this Colonic is to be 
held in the month of May annually shall for the future after 
publication hereof be held and begun on the first Thursday of 
May yearly from year to year, any former lawe, usage or cus- 
tome to the contrary in any wise notwithstanding. 



312 PUBLIC KECORDS [Oct. 

And that the two countie courts ailually to be holdeii in 
Newhaveu for the countie of Newhaven shall be held the one 
on the third Tuesday in March, the other on the second Tues- 
day in November annually, any former lawe, usage or custome 
to the contrary in any wise notwithstanding. 

An Act for regulating of Fees. 
Be it enacted and ordeined by the Govern'", Councill and 
Representatives, convened in Generall Court or Assembly, and 
it is hereby enacted and ordeined l)y the authority of the same : 
That the establish m^ of fees belonging to the severall offices in 
this Colonic be as followeth : 

Assistants and Justices fees, cash. 

For every attachm' or summons for action, 

and when bond is given 12 pence, 
a warrant for each witnesse, 
entring and trying an action, 
every execution, 
every warrant for criminals, 
bond for appeal, 
copie of evidences the least, 
copie of judgment, 
every recognizance, 
confessing of judgment, 
each affidavit out of court, 
each dayes attendance at countie court to be 

paid out of the countie treasurye, 00 04 00 

taking acknowledgm* of a deed, mortgage, or^ 

other instrum', 00 01 00 

Countie Court fees, cash. 
For recieving and probate of every will and in- 
ventory of 50"s and under, 00 
for every will and inventory above 50"s 00 
for every quietus est, 00 
for taking acknowledgment of judgm^^ for each, 00 
for every action tried by the bench onely, 00 
for every jury action, whereof 6^ to the jury, 00 

Court of Assistants fees, cash. 

For every appeal, 00 

and to the jury, 00 

taking acknowledgm' of judgm% each, 00 



11. 


s. 


d. 


00 


00 


08 


00 


00 


02 


00 


02 


08 


00 


02 


00 


00 


01 


00 


00 


00 


06 


00 


00 


04 


00 


00 


08 


00 


01 


00 


00 


01 


00 


00 


00 


06 



02 


00 


05 


00 


02 


00 


01 


00 


04 


00 


12 


00 


12 


00 


06 


00 


01 


00 



1699.] OP CONNECTICUT. 313 

Clerk of Court of Assistants fees, viz. the Secretary. 

II. s. d. 

Entry of every action, 00 02 06 

copie of each testimony, 00 00 04 

every execution, 00 02 00 

entry of judgm^ acknowledg'^, 00 01 00 

Secretaries fees, cash. 

For orders of publick concernm' sent out into the 
severall town for each copie, out the pub. treas- 
urye, 00 02 06 

for recording lavves and orders of pubhck con- 

cernm' in country book, each, 00 01 00 

for affixing the pubHck seal each time, 00 02 00 

when to orders of publick concernm'^, comissions 

&c, to be paid out of the publick treasurye. 
writing each military commission. 00 01 00 

writing each justices comission, 00 01 06, 

writing each judge of countie courts comission, 00 01 06 

for every petition to the GenrH Court, 00 08 00 

and to y^ Genri' Court, 12^ 

[343] Clerk of Countie Courts fees. 

Entrie of every action, 01 00 

each quietus est, 02 00 

entry of every judgment acknowledged, 01 00 

recording every will and inventory of 50'is and under, 02 06 
recording every will and inventory of above 50"^, not 

exceeding lUO'i^ 03 00 

and 6d p'- 100 for every 100"^ after the first 100, and 

halfe so much for copie of the same, 
for attachm', sumons and execution, and other things 

proper to him, as in the assistants and justices fees. 
for every licence and bond, 01 06 

(whereof h to the court.) 
each letter of administratio, 01 00 

each bond for administrators, 01 00 

Sherriffs and Constables fees. 

Serving every sumons, 00 00 06 

servhig attachment, 00 01 00 

and if above one mile 3'' p"" mile out. 

taking bail or bond, 00 00 08 

40 



314 PUBLIC RECORDS [Oct. 

II. S. d. 

levying execution under 5 pounds, 00 01 08 

and every mile out after tlie first mile, 00 00 03 

every execution above 5" not exceeding 10", 00 02 00 

and for y^ miles out as aforesaid, 

every execution above ten pounds, 00 03 04 

and for the miles out as aforesaid. 

Gaolers fees. 

For comitment of a prisoner and discharge, 00 04 00 

for diet for each prisoner p"" week, 00 02 06 

and so proportionably, he finding the same. 

And it is further ordered by the authoritye of the same : That 
what officer soever shall aske, demand and take any greater 
or other fees then are before mentioned for the matters afore- 
said or any of them, and be thereof duely convicted in any 
court of record within this Colonic shall forfeit and pay the 
surae of ten pounds currant money, one moiety whereof shall 
be to the countrye treasury e, and the other moietye to the in- 
former, or him that shall sue for the same in any court of 
record, and shall further pay unto the partie grieved, double 
the valine of the excessive fees so taken. 

That there may be suitable, and convenient Highways, for the 
comfort and necessity of people, and for Laying out new, 

and Turning old Highways as shall be needfull. 
It is ordered and enacted liy the authoritye aforesaid : That 
when and so often as a new highway or comon road from town 
to town or place to place shall be wanting and where old high- 
ways with more conveniencye may be turned or altered, upon 
application made to the countio court within the same covmtie, 
the said court may appoint a co.nittee of two or three suffi- 
cient freeholders, of the next town who shall have most occa- 
sion, of said way to enquire into the necessity and convenien- 
cye thereof, and to make their report thereon and being judged 
to be of comon necessity, or conveniencye, the said countie 
court shall order a warrant to their countie sherriff or his 
deputye, to sumon a jury out of the next townes to meet at 
some convenient day, and place therein mentioned, to view 



1699.] OF CONNECTICUT. 315 

and lay out such higliways or roads, who shall have an oath 
administred unto them by some assistant or justice of the 
peace, to lay out such way according to the best of their skill 
and judgm' with most conveniencye to the publick and least 
preiudice or damage to any perticular person ; which having 
done the sherriff or his deputye is to make return thereof at the 
[344] next countie court in that countie where the same || high- 
way [is] as well under his own, as the hands of the jurors, by 
whose oath the same is laid out, to the end the same may be 
allowed and recorded, and after know[n] for a publick high- 
way. 

Provided, That if any person be thereby damaged in his 
propriety or improved grounds, the town shall make him rea- 
sonable satisfaction, by the estimation of those that laid out the 
same ; and if such person so damaged find himselfe aggrieved 
by any act or thing done by the jury either in laying out of 
the said way or estimate of his damages he may apply unto 
the said countie court for relief, before any allowance or deter- 
mination be made by them, who are hereby impowred to hear 
and determine the same, but if no sufficient cause appear for 
complaint he shall pay all charges arising thereby. 

And it is further enacted by the authority aforesaid: That 
the select-men of each town respectively be, and are hereby 
impowred, by themselves or others whome they shall appoint 
to lay out or cause to be laid out, perticular and private ways 
for such town onely as shall be thought necessary, so as no 
dammage be done to any perticular person in his land or pro- 
prietye without due recompence to be made by the town as the 
select men and the partie interested may aggree, or as shall be 
ordered by the countie court of that countie in which such 
town is, upon inquirye into the same by a jury to be sumoned 
for that purpose. 

And be it further enacted by the authority aforesaid, and it 
is hereby enacted and ordeined : That if any person or persons 
shall erect or sett up any gates, rails or fence upon or acrosse 
any highway, countrye road, or street, or continue any such to 
the annoyance, and incombrance of the same (other then such 
as shall be allowed by the countie court within the countie) it 



316 PUBLIC RECORDS [Oct. 

shall be deemed a comoii nusance, and it shall be lawfull for 
any person or persons to pull down and remove the same. 

And for better security of. Maintenance for the Ministrye in 

this Colonic : 

It is ordered and enacted by the authoritye aforesaid : That 
in every town, plantation or societye within this Colonic where 
the majr part of the housholders of any the said town, planta- 
tion or societye, who in or by lawe are an allowed societye, are 
aggreing in the calling and settling of a minister, such min- 
ister so called and settled, shall be and accounted the lawfull 
minister of such town, plantation or societye, and that all 
aggreements respecting the maintenance and settlm^ of such 
minister .made by the maj"" part of the housholders of such 
town, plantation or society as aforesaid shall be binding and 
obliging to the whole, and all of such town, plantation or soci- 
etye, and to their successors, according to all the true intents 
and purposes thereof. 

And it is further enacted by the authority aforesaid : That 
where this Court hath determined the bounds and limits of 
any society in any town or plantation in this Colonic where 
there are more then one societye, that in every such case all 
[345] persons living [| within those bounds and limits and 
their estates lying within the same shall bear their proportion 
of, and be rateable according to lawe for the support and main- 
tenance of the ministrye of that societye, any lawe, usage or 
custome to the contrary in any wise notwithstanding. 

And whereas the Transportation of Timber out of this Colonie 
is found to be very preiudiciall to the publick : 
It is ordered and enacted by the authority aforesaid : That 
henceforth there shall be no timber transported out of any 
township within this Colonie, such as boards, plank, slit-work 
timber, staves or other timber whatsoever, without license 
obteined from the town within whose bounds any such timber 
growes or grew and was gotten (which license shall be in 
writing under the hands of the major part of the select men 
of such town) upon penaltye of forfeiting such timber so 



1699.] OF CONNECTICUT. 317 

transported or shipped to be transported, or the full valine of 
it, if it be proved it was transported out of any township with 
out liberty as aforesaid ; halfe of the timber or valine thereof 
to the complainer that shall prosecute his complaint to effect, 
and the other halfe to the treasurye of the town in whose 
bounds such timber grew and was gotten ; and the master of 
any vessell that recieves on board any such timber and with- 
out license as aforesaid, shall pay a fine of five pounds for 
every breach of this order, one halfe thereof to the use of the 
town where the offence is comittcd, and the other halfe to the 
countie treasurye. Provided always that this act shall not 
respect such sawmills as are erected by order or liberty 
obteined from the Generall Court of this Colonic, or any 
boards, plank, staves or other timber whatsoever brought from 
other places into this Colonic for transportation. 

Persons nominated to stand for election m May next are : 
Maf G-en" Fitz John Winthrop, Colon" Bob' Treat, Sam'' 
Willis Esq'', Capf Andreiv Leet, Maf James Fitch, Capt" 
Sam"- 3Iason, Capf Dan" Witherell, Nathan" Staj§lei/ Esq'', 
Capf Caleb Stanley, ^laf Moses 3Iansfield, Capf John Ham- 
lin, Maf Jonath. Sellick, Capf Nathan Gold, William Pitkin 
Esq'', Joseph Curtis Esq' , Richard Cristojjhers Esq'', Capf 
John Chester, ilf Thomas Hooker, M^ John More, M'' John 
Ha ins. 

This Cour[t] grants a rate of three pence upon the pound 
upon all the rateable estate in this Colonic, for the defraying 
of the publick charges, to be paid in provision pay, viz, winter 
wheat at five shillings sixe pence per bush", rye at three shil- 
lings p"" bush", pease at three shillings sixe pence p"" bush", 
Indian corn at two shilling sixe pence p"" biishell, all good and 
merchantable, and porke at three pounds ten shillings p"" bar- 
rell, repact by a sworn packer and markt with his marke ; and 
if any will pay the whole or any part of his rate in money it 
shall be accepted at two thirds. 



318 PUBLIC RECORDS [May, 

Att a Court of Election holden at Hartford, May the 

9th, 1700. 

Persons elected: 
Majr Generi' Fitz John Winthrop, Govern ^ 
Colon" Robert Treat, Dep. Govern''. 
Assistants : 
Capt" Andrew Leet, sivor. Maj"" Moses Mansfield, sworn. 

May James Fitch,* swor. Capt" Jolm Hamlin, sworn. 

Capt" Samuel Mason, sit'or/i. Maj'" Jonathan Sellick. 

Capt" Daniel Wetherell, sw'orw. Capt" Nathan Gold. 
Nathan'' Stanley, sivorn. William Pitkin Esq'', sworn. 

Capt" Caleb Stanley, sworn. Joseph Curtis Esq"", sworn. 
Capt" Joseph Whiting, chosen Treasurer, 
Eleazar Kimberly, Secretary. 

Deputies present : 
For Hartford, M'' Thomas Hooker, Capt" Cyprian Nickols. 
For Wethersfield, Capt" Rob^ Wells, Lieu* William Warner. 
For Winlffeor, Lieut Mathew Allin, M^ John Woollcutt. 
For Newhaven, M"" John Allin, M^ Abraha Bradley. 
For Gilford, M^ Josiah Rossiter, Capt" Stephen Bradley. 
For Saybrook, M^ John Parker, Lieut John Clerk. 
For Wallingford, Lieut Sam" Hall, Serjt John Merrima. 
For Stratford, Capt" James Judson, M^ Nathan" Sherman. 
For Stonington, M"" Nehemiah Palmer, M'' Manasseh Minor. 
For Norwalk, M^ Sam" Haise. 
For Milford, Lieut Joseph Piatt, Serjt Joseph Peck. 
For Farmingto, Capt" Thomas Hart,t Lieut Thomas Jud. 
For Windham, Thomas Huntington. 
For Branford, Capt" Eleaz'' Stent.J Serjt Nathan" Foot. 
For Glassenbury, Serjt John Hubbard, 
For Norwich, Lieut Tho. Leffinwell, Ensign Solomo Tracye. 
For Fairfield, M"- Sam" Squire, M'' Nathan" Burre. 
For Stanford, M'' Elisha Hollye. 

* Major Fitch had been left out the two preceding years, and was now elected In- 
stead of Richard Christophers, 
t Speaker of the lower house. 
X Clerk of the lower house. 



1700.] OF CONNECTICUT. , 319 

For Midltown, Capt" Nathan'^ White, Capt" John Hall. 

For Kenelworth, M^ Sam" Buell. — 

For Haddum, Capt" George Gates, M^ William Spencer. 

For Waterbury, Lieu'^ Thomas Jud. 

For Newlondon, M"" Sam'^ Fosdick, M"" William Duglass. 

For Symsbury, Capt" John Higlye, Serj' Sam'i Wilcockson. 

For Lyme, Capt" Will Eelye, Ensign Joseph Peck. 

For Preston, Jonathan Tracie. 

For Derbye, Capt" Ebenezer Johnson. 

For Woodbury, M"" John Sherman. 

Majf Moses Mansfield and Capt" Nathan" White were de- 
sired and appointed to return the thanks of this Assembly to 
the Revert M^ Pierson for his pains in preaching the election 
sermon. 

Ordered by the Govern'' and Councill that Joseph Curtis 
Esqr administer the oath of Assistant to Maj"" Jonathan Sellick 
and Capt" Nathan Gold. 

This Assembly being sensible of the great strife and conten- 
tion that hath been and still continue tli undetermined between 
his Majesties subiects of the Province of the Massachusetts and 
this Colonic inhabiting near those parts where the two gover- 
ments or territories doe border each upon the other, especially 
between the inhabitants of Southfield and Infield, on the one 
part, and the inhabitants of Windzor and Symsbury on the 
other part, and that the onely way and means to settle his 
Majesties subiects in peace and quiet is to procure a full settl- 
ment of the dividing line between the two goverments, which 
canot be speedily effected without the concurrence of the neigh- 
bour Province : in order whereunto the Governour, Councill 
and Representatives in Generall Court assembled, confiding in 
the wisdome and fidelity of William Pitkin Esqf, Capt" John 
Chester, and Capt" William Whiting, doe hereby constitute 
and appoint the said William Pitkin Esq^, Capt" John Chester, 
[317] II and Capt" William Whiting, to be agents in behalfe 
of this Colonic, vested with full and ample power by coiTiission 
from the Honourable the Govern'" to addressc themselves to 
the Generall Assembly to be holden at Boston the twentie 
ninth of this instant and to present to them their readinesse 



320 ^ PUBLIC RECORDS [May, 

to joyii with them in attending any equall prudent wayes and 
methods that may be effectuall for the full and finall settlment 
of the said dividing line, and also to aggree, concurre and 
conclude with the Generall Assembly of the said Province, or 
with a committee or comittees by them sufficiently autliorized 
and impowred, upon such equall and prudent ways and meth- 
ods for the full and finall settlment of the said line as by the 
Generall Assembly of the said Province or by a comittee or 
comittees by them sufficiently authorized as aforesaid shall be 
proposed and consented to. And also to act and assist (with 
such persons as shall be by them appointed and comissionated) 
in runing the said dividing line, and in erecting sufficient 
meets and boundaries thereof. And to procure by all lawfull 
ways and means that the said line may become certain, fixed 
and visible, that so all his Maiesties subiects claiming lands 
abutting upon the said line may know the certain limits and 
bounds thereof, and that this Colonic and all his Majesties 
subiects within the same may peaceably and quietly possesse 
and enioy their severall rights and properties according to 
charter. And whatsoever the said agents shall lawfully doe 
in and about the premises by virtue of the authority hereby 
conferred upon them is hereby fully rattified and confirmed. 

Ordered and enacted &c. That the Councill assigned to 
assist the Govern'" (or in his absence the Deputy Governour) 
in the intervales of the Generall Assembly shall consist of 
seven, viz. the Governour or Deputy Govenour and two of the 
Assistants at least, and the remaind'' to be four able and judi- 
cious freemen as the Governour or Deputy Govern'" shall call 
to councill ; who shall have power in the intervales of the 
Assembly to manage the affairs of this Colonic according to 
charter, they not to raise men to send out of the Colonic, un- 
lesse in case of sudden exigent, nor dispose of money. 

Richard Lord of Hartford, Gent, is by this Assembly ap- 
pointed Lieu' of the troop in the countie of Hartford, and 
Alexander AUin of Windzor to be Quartermaster, and to be 
comissionated accordingly. 

Ensign Nathan Andrews is by this Assembly appointed 
Capt" of the first trainband in the town of Newhaven, Serj* 



1700.] OF CONNECTICUT. 321 

Thomas Talmage to be their Lieu', and John Bassett to be 
their Ensign, and to be comissionated accordingly. 

Lieu' Dan" Sherman is by this Assembly appointed Capt" 
of the second trainband in the town of Newhaven, Ensign John 
Sackett to be their Lieu', and John Munson to be their Ensign, 
and to be comissionated accordingly. 

Some of the inhabitants of Haddum having presented M"" 
Daniel Brainard sen"" to be established Capt" of the trainband 
there, this Court considering the present circumstances of the 
people there, doe see cause to suspend that matter till their 
sessions in Octob"" next. 

The acts of the Hon^ie tlie Govern ■■ and Councill in the in- 
tervale of this Assembly were read and well approved, by both 
houses, and his Hon''s wisdome and good conduct in maiiagem* 
of the publick atfairs of the Colonic, and preserving and pro- 
moting the publick interest, appearing in the said acts, ac- 
knowledged with all thankfullnesse. 

Ordered by this Assembly &c. That the charges expended 
about the French-mens enterteinm' that travailed from Mil- 
ford towards Albanie shall be paid out of the treasury of the 
Colonic, so farre as the bills signd correspond with the law. 

Ordered &c, That M"" John Sabin upon the consideration 
mentioned in the Lord Bellomonts letter shall be allowed the 
sume of five pounds out of the publick treasury.* 

Liberty and full power is by this Assembly granted to Marye 
Ford of Newhaven, widdow and relict of Mathew Ford late of 
the said town deceased, to confirme to Joseph Mosse of the said 
town two parcells of land, which her deceased husband in his 
life time sold to the said Mosse and recieved of him the full 
valine to satisfaction. 

[348] Margerie Goffe of Wethersfield, widdow and relict of 
Jacob Goff late of the said town deceased, and administratrix 
to his estate, is by this Court impowred with the allowance 
and approbation of Capt" John Chester and Lieu' William 

* Mr. Sabin lived at Woodstock and had rendered good service in preventing the 
defection of the Wabaquassets and rendering them serviceable to the English. He 
had also given intelligence of a combination among the Indians to make a new in- 
surrection and to commit fresh hostilities upon the English. War, III, 66. 

41 



322 PUBLIC RECORDS. [May, 

Warner to sell some lands left by her deceased husband to 
answer some debts by him contracted. 

Liberty and full power is by this Assembly granted to Rich- 
ard Steer who married with Elizabeth late wife of M"^ John 
Wheeler late of Newlondon deceased, and administratrix to 
his estate, with the consent of the said Elizabeth and such of 
the children of the said John Wheeler as are come to full age, 
and with the allowance and approbation of M"" Richard Cris- 
tophers and M"" Sam^ Fosdick, to sell some land belonging to 
the estate of the said John Wheeler for paym' of debts due 
from said estate. 

Liberty and full power is by this Assembly granted to Lydia 
Richards of Newlondon, widdowe and relict of John Richards 
late of Newlondon deceased, to sell unto her eldest sonne John 
Richards some land she had in dower at her late husbands de- 
cease, provided that no land be sold without the approbation 
of Capt'i Dan" Wetherell and M-- Richard Cristophers. 

Liberty and full power is by this Assembly granted to Marie 
Bate of the town of Saybrook, widdow and relict of Samuel 
Bate late of Saybrook aforesaid deceased, to sell some part of 
the lan-d belonging to the estate of her deceased husband, so 
much as may be necessary for the payment of debts due from 
said estate, acting therein with the allowance and approbation 
of Lieu*^ John Clerk and James Bate. 

Dan'^ Shilton of Stratford manifesting to this Assembly that 
he hath suffered much losse and damage by supplying the 
countrye with severall provisions as rhum and other things in 
the Indian warre by reason he was not paid in seven years 
after, and petitioning this Assembly to give him some of the 
country land to recompence the damage he hath sustained 
for want of his due ; upon the consideration aforesaid this 
Assembly doth grant to him the said Daniel Shilton two hun- 
dred acres of countrey land, provided he take it up where it 
may not preiudice any former grant to any plantation or per- 
ticular person. 

This Assembly doth appoint M"" John Chandler of New- 
london and Lieu' Aspinwal and M'' Ichabod Wells or any two 
of them to lay out land formerly granted by the Generall 



1700.] OF CONNECTICUT. 323 

Court, to Mf Nathan^^ Stanley, Capt" Caleb Stanley, Capt° 

Cyprian Nickols, and M"" Caleb Watson, according to their 

respective grants, they paying the charge. 

This Court doth appoint M^ Sam'i Sherman and M^ Ephraim 

Stiles to lay out three hundred acres of land granted by the 

Generall Court to Capt" Ebenezer Johnson. 

This Assembly doth appoint Lieu* Thomas Leffinwell and 

M'' Jonath. Tracye to lay out lands formerly granted* by the 

Generall Court to M"" Anthonie Howkins -according to the 

tenr of the said grant. 
This Assembly doth grant to the Eeverent M"" John James 

one hundred and fiftie acres of land to be taken up according 

to lawe in that case provided, and M^ Sam'^ Sherman and M^ 

Ephraim Stiles are appointed to lay it out. 

This Assembly doth appoint Capt" John Higlye and Lieu* 
Mathew Allin to lay out to M-" Henerye Woolcutt land for- 
merly granted to him according to his grant. 

This Assembly granteth full power to Capt" Aron Cook and 
to John Skinner select-men of the town of Hartford, with the 
rest of the select-men of the said town, to sell about five roods 
[349] of meddow land and twelve acres of upland || belonging 
to Sam" Andrews of the said town, a distracted person, for the 
payment of his debts and for his necessary maintenance. 

Ordered and enacted by this Assembly : That the Lieu* of 
the fort at Saybrook shall have liberty to depart the said fort, 
and that the said lieu^ shall have twelve pounds in pay to be 
paid out of the publick treasury for the last year. And it is 
further ordered that the souldiers belonging to said fort doe 
return to the capt" of the foot company there, and be under 
his comand ; and it is further ordered that Lieu' John Clerke 
and Mr John Parker, shall have the care of the fort at Say- 
brook (untill the Gouernour order otherwise or during his 
Hon''8 pleasure) they to put in some person to mail age the 
same as they shall see cause, his sallerye not exceeding five 
pounds in pay. 

Ordered and enacted &c : That the town of Windham shall 
be freed from paying their countrey rate for this present year 
1700. 



324 PUBLIC RECORDS [May, 

Whereas this Assembly did in October last did appoint and 
impower William Pitkin Esq"", Capt" Thomas Hart, M"" Nehe- 
miah Palmer, Capt" John Chester, and Capt" Joseph Wads- 
worth, or the maj"" part of them, a comittee to enquire after all 
such persons as have entred upon any countrey lands without 
any just right derived from this Assembly ; this Assembly doth 
continue the said comittee in that trust to proceed therein 
and to make their return to this Assembly in October next. 

Vpon consideration that the Hour'' Maj"" Sellick is ancient 
and his living remote from Fairfield the countie town, and he 
not able to attend the countie courts there ; for the ease of 
said Maj"" Sellick, and the convenieucy of said countie, this 
Assembly orders that Capt" Nathan Gold Esq'' be appointed 
and commissionated Judg of the said court. 

Ordered and enacted &c : That the Judges of the countie 
courts and justices of the peace and quorum in comission, and 
such justices as were chosen for the last year shall be contin- 
ued in the exercise of their respective comissions untill the 
next May (unlesse Fairfield judge already altered) and that 
the next May and for the future there shall be an annual elec- 
tion of judges and justices of the peace and quorii ; and the 
freemen in the respective townes have liberty to nominate the 
person or persons they would have chosen and comissionated 
justices of the peace and send up their names by their deputies 
in May yearly, and such justices to continue till others are 
chosen and sworn. Provided and it is always to be understood, 
that if the Assembly shall not see cause to confirme the per- 
sons nominated by the freemen, or any of them, it shall then 
be in the power of the Assembly to putt in such as they shall 
tliinke fitt. 

Whereas it is practiced amongst us that many times persons 
doe take up land adioyning to comon fences, and inclose the 
same, so that the owners of such comon fences have not liberty 
to come at their fences to repair them, but are accounted tres- 
passers, or otherwise expose themselves to fine for not mend- 
ing their fences: it is therefore ordered by this Assembly, that 
all persons owners of comon fences shall have free liberty to 
come at their fences either to cart fencing stuffe or to sett up 



1700.] OP CONNECTICUT. 325 

fence and mend the same when they shall be warned by the 
fence viewers ; and the viewers of comon fences to have free 
liberty to view, any lawe or custome to the contrary notwith- 
standing. Allways provided, they take such time when it may 
be least damage to the owners of the said fields. 

Ordered and enacted &c: That there shall be and is hereby 
appointed one person in each conntie within this Colonic to 
be a Publick Surveyour for laying out of lands and for renew- 
ing the bounds of lands already laid out according to their 
originall grants as need shall require ; who shall be sufficiently 
skilled in the surveyors art, and at his own charge furnisht 
with instruments suitable and sufficient for that service ; who 
shall take the surveyors oath in that case provided. The per- 
sons appointed for that service who shall remain therein till 
this Court shall further order, are for the countie of Hartford 
Mr Caleb Stanley jun-", for the countie of Newhaven M"" Wil- 
liam Thomson, for the countie of Newlondon M"" John Chand- 
ler, for the countie of Fairfield Capt" Jonathan Sellick. 
The Surveyors Oath. 

You A. B. doe swear by the great name of y^ living God 
that you shall faithfully attend to and discharge your office of 
Surveyor unto which you are appointed without favour or 
respect to persons. 

The former comittee appointed to run the bounds of Pigs- 
[350] comsuck the last May || are yet continued for that 
worke and to make return to this Assembly in October next. 
The comittee appointed were Capt"^ Daniel Wetherell, M"" Wil- 
liam Pitkin and Capt" William Eelye, they or any two of them. 

Mf Thomas Hooker, Capt" John Chester, M'' Peter Burre, 
Ensign Joseph Peck, and Capt" Eleazar Stent are appointed 
Auditors of the country e accounts this present year, viz. they 
or any four of them. 

Ordered and enacted by the Governi", Councell and Represent- 
atives : That the Treasurer be and hereby he is ordered and im- 
powred to collect and gather in all money due from any person 
or persons whatsoever to the Colonic, viz. excise money, powder 
money, and whatever else, and make return thereof to the 
auditors ; as also to sue any person or persons that refuse to 
pay their just duos to the Colonie, and to make sale of any 



326 PUBLIC RECORDS [May, 

lands taken by distresse from Maj"" Edward Palmes, John Mar- 
tin and John Tillison. 

Vpon the request of the Reverent M'' James Noyse, this 
Assembly doth grant to Weqiiatook that he shall succeed his 
father in the goverment of the Indians he lives with, to con- 
tinue in that place upon his good behaviour during the courts 
pleasure. 
The advice of the Reverent M"" Abraha Pierson, M'" Timothie 

Woodbridg and M^ Gurdon Saltonstall, for composing the 

differences in Haddum, presented to the Generall Assembly, 

and the act of the Generall Assembly thereupon. 
To tlie Honbie the Govern'' and Generall Assembly of his 

Majesties Colonic of Connecticutt sitting in Hartford May 

the 9ti', 1700. 

We the subscribers having by your Honi's comand consid- 
ered the case of Haddum in relation to the Reverent M"" 
Hobart doe humbly offer our opinions, that if the town of 
Haddum shall unanimously raise one hundred pounds annu- 
ally for the maintenance of the ministrye in the said town 
fiftie of it for the maintenance of the Reverent M^ Hobart on 
the west side of the river, and fiftie of it for the maintenance 
of the minister on the east side and also if the said M"" Hobart 
shall release the said town of the aggreement formerly made 
with him, the said town at the same time confirming and 
making good to the said M'' Hobart the house and land in 
said town formerly given unto him, and the town on the west 
side finding the said M"" Hobart with his wood annually it will 
be a hopeful expedient to issue the unhappy differences that 
have been and still remain in said town. 

Abraha Pierson. T. Woodbridg. G. Saltonstall. 

Voted in this Assembly that the methods propounded in the 
above report be concluded to be the issue of the differences 
therein mentioned with this addition, that the rates at present 
due to the said M'' Hobart shall be duely paid him by the 
respective persons in said town. 

To the select-men of the town of Haddum. 

Gent. The Hon^'e the Govern"" and Councill doe hereby 
direct and appoint you or any of you with speed to call the 
inhabitants of your town together and to acquaint tliem with 
the propositions abovementioned which upon the petition of 
the Reverent M"" Hobart and upon the advice of the reverent 
elders abovenamed, are consented to and concluded by the 
Generall Assembly as the best expedient for composing of the 



1700.] OF CONNECTICUT. 327 

uncomfortable divisions that are among you, and for the pro- 
moting of your peace, whicli you are to indovour that they 
may be put in execution without delay,* 

By order from the Hon^''^ the Govern'" and Councill. 
Sign** Eleazar Kimberly, Secy. 
Hartford, May 16th, 1700. 



[351] Att a Generall Assembly holden att Hartford, 
OcTOfiK the 10th, 1700. 
Present : 
Fitz John Winthrop Esq"", Govern"". 
Colon^ Robt Treat Esq"", Dept Govern^. . 
Assistants present : 
Capt" An dr. Leet, Nathaniel Stanley Esq"", 

Maji" James Fitch, Capt" Caleb Stanley, 

Capt" Sam" Mason, Maj-" Moses Mansfield, 

Capt" Daniel Wetherell, Wili Pitkin Esq-", 

Joseph Curtis Esq"". 
Deputies present : 
For Hartford, M"^ Thomas Hooker, Capt" Cyprian Nickols. 
For Windzor, M^ John Woollcutt, Capt" Mathew Allin. 
For Wethersfield, Capt" John Chester,* Capt° Rob' Wells. 
For Newhaven, M"" John Allin, M"" Abraha Bradley. 
For Milford, Lieu* Joseph Pratt, Serj* Joseph Peck. 
For Gilford, M'" Josiah Rossiter, Capt" Stephe Bradley. 
For Norwich, Lieu* Thomas Leffinwel, Ensign Solomo Tracie. 
For Stonington, Ensign Ephraim Minor, M"" Henrye Stephens. 
For Midltown, Capt" Nathan" White, Capt" John Hall. 
For Stratford, M"" Sam" Hawley, M"" Benja" Curtis. 
For Wallingford, Serj' John Merriman, Serjt Thomas Hall. 
For Lyme, M"" Thomas Bradford. 
For Kennelworth, Lieu' Henry Crane, M"" Rob* Lane. 
ForBranford, M"" Wili Malbie, Capt" Eleazar Stent.:}: 
For Stanford, Lieu* David Waterbury, M"" Stephen Bishop. 
For Waterbury, Lieu' Thomas Jud. 

* Various papers relating to the differences between Mr. Hobart aud the town of 
Haddam are in EccL, I, 181-191. 
t Speaker; 
\ Clerk of the lower house. 



328 PUBLIC RECORDS [Oct. 

For Haddum, Capt'' George Gates, M"" William Spencer. 

For Glasscnbury, Mi" John Hiibbert. 

For Fairfield, Lieu^ John Wakeman, M"" Peter Burre. 

For Farmingto, Capt" Tho. Hart, M"" John Hooker. 

For Preston, M"" Thomas Trade. 

For Norwalk, M'' Andrew Messenger. 

For Saybrook, M"- Nathan" Lynde, M"- John Parker. 

For Derby, Capt" Ebenez"" Johnson. 

For Newlondo, Lieu' Nehemt^ Smith, Ensign John Hough. 

Att the opening of this Assembly the Governrs Hon^ exhib- 
ited an expresse from his Majestie bearing date February the 
lO'h, 1699, strictly charging and requiring that all pyrates 
seized within this Colonie with their goods and effects be sent 
into England under safe custody.* Also his Majesties order 
bearing date the 29'-'i day of March, 1700, for stating the line 
between this Colonie and the Province of Newyork, and 
whereby his Majestie hath placed the townes of Rye and Bed- 
ford under the go verm' of Newyorkf 

A letter from the Bight Hon^ie the Lords of the Councill of 
Trade &c, bearing date May the 27"^^, 1700, was read in this 
Assembly.^ Also the acts of the Govern'' and Councill from 
the sessions in May last to the present sessions. 

[352] Persons nominated to stand for election in May next: 

Persons appointed to count over the vote of y<= freemen were, 

Mr Tho. Hooker, M"" John Allin, M'' Jn^ Wakeman, M"" 

Nehe. Smith. 

Fitz John Winthrop Esq^", Capt\John Hamlin, 

Coll Robert Treat Esq"", Maj^ Jonathan Sellick, 

Samuell Willis Esq"", Capt" Nathan Gold, 

Capt" Andrew Leett, M' William Pitkin, 

Majr James Fitch, M"" Joseph Curtis, 

Capt" Samuel Mason, M"- Rich'-d Cristophers, 

Capt" Daniel Wetherell, Capt" John Chester, 

M"" Nathan" Stanley, M'" Thomas Hooker, 

Capt" Caleb Stanley, M"" John Hains, 

Majr Moses Mansfield, M"" Josiah Rossiter. 

* Foreign Corresp., I, 85. t Id. 86, Col. Bound., 11, 48, 49. 

X For. Corresp., I, 87. 



1700.J 


OP 


CONNECTICUT. 




329 


The list of estate that is 


rateable in y' Colony and of persons : 




Estates. 


Persons. 




Estates. Persons. 




Us. 






Us. 




Hartford, 


17844 


307 


Glassenbury, 


02490 


064 


Newliaven, 


16769 


330 


Say brook, 


06358 


124 


Symsbury, 


02984 


083 


Norwich, 


05480 


117 


Gilford, 


07951 


136 


Midltown, 


06743 


182 


Milford, 


10775 


180 


Lyme, 


05569 


111 


Wallingford, 


05492 


120 


Stanford, 


06091 


100 


Kennel worth, 


02742 


048 


Branford, 


04518 


080 


Stonington, 


06199 


128 


Wethersfield, 


11373 


240 


Stratford, 


09883 


130 


Greenwich, 


04109 


086 


Windzor, 


15726 


290 


Haddum, 


03625 


100 


Darbye, 


02109 


051- 


Fairfield, 


12194 


140 


Farmington, 


07348 


115 


Nor walk. 


06125 


120 


Dan bury, 


02048 


048 


Preston, 


02579 


062 


Waterbury, 


01871 


048 


Woodbury, 


02814 


066 




109741 


80068 






109741 




189809 








80068 


N. 


Londo, 8722 


19« 





Totii 189809 198531 19 OOcZ. 

This Assembly grants a rate of three pence upon the pound 
to be levied upon all the rateable estate in the Colonic, accord- 
ing to the lists of estates presented at this present sessions 
with what others are to be added ; to be paid in wheat, rye, 
pease, Indian corn, and porke ; winter wheat at five shillings 
sixe pence p"" bushell, rye at three shillings p"" bush", pease at 
three shillings pf bush", Indian corne at two shillings and sixe 
pence p"" busli^^, porke at three pounds ten shillings pf barrell ; 
all sorts of grain to be good and merchantable, pork to be 
repackt by a sworn packer and marked with his marke ; and 
if any will pay their proportions or part thereof in money it 
shall be accepted at two thirds. It is further ordered that no 
person shall pay above one third part of his rate in rye. 

This Court doth order and impower the Treasurer to take 
what effectuall care he can for the procuring money to dis- 
charge debts due from this Colonic in money, especially what 
is due to Majr Generall Wait Winthrop. 

This Court doth allow to the Honf'^ Govern^ one hundred 
42 



330 PUBLIC RECORDS [Oct. 

and fortie pounds in pay for his salleiy this present year, and 
bearing his own charges. 

This Court doth allow to the Hon'"'' Deputy Govern'' for his 
sallery this present year fiftie pounds in pay, he bearing his 
own charges. 

This Court doth allowe to the Assistants seven shillings and 
sixe pence p"" day in provision pay for their attendance at the 
Court of Assistants and Generall Court, they returning to the 
publick treasury the money for fines and actions, they bearing 
their own charges. 

[353] This Court doth allow to the Secretary ten pounds in 
pay for his sallerye for this present year, he bearing his own 
charges. 

This Court doth allowe to the High Sherritf eight pounds in 
provision pay for his sallerye for this present year, he bearing 
his own charge. 

This Court doth allow unto Capt" Thomas Hart, Speaker, 
thirtie shillings in pay for his conduct in the Generall Court 
in May last. 

This Court doth allow unto Capt" John Chester thirtie shil- 
lings in pay for his conduct in the Generall Court in October. 

This Court doth allow unto Capt" Eleazar Stent fiftie shil- 
lings in pay for his Clerkship at the Generall Court in May 
and October. 

This Court doth allow to the Treasurer for his sallerie this 
present year twenty pounds in provision pay. 

This Court doth allow to the Treasurer sixteen pounds for 
riding the circuit to make up his accounts with the constables 
the year ensuing, to be paid in provision pay, he bearing his 
own charges. 

Ordered that whatsoever service is done for the Colonic after 
the first day of May next ensuing shall not be paid out of the 
present levie but shall be charged upon the countrey for next 
years pay, and so annually. 

There being no list of estate taken in the town of Newlondon 
and transmitted to this Assembly, it is ordered that M"" Samuel 
Averye, Ensign John Hough, M'' Thomas Bowles, and M"" John 
Plumb, and the said persons or the maj"" part of them are 



1700.] OF CONNECTICUT. 331 

hereby ordered and appointed to take a list of all the rateable 
estate of the said town of Newlondon, that is of all the rateable 
estate of the said towne that ought according to lawe to have 
been listed in August last, as near as they can, and to trans- 
mitt the same to the Secretary at or before the tenth of 
November next ensuing. And if any person or persons refuse 
to give a true and exact list of all their rateable estate to the 
gentlmen abovenamed, it shall be in their power to list their 
estates by their discretion, they are also to attend the same 
order in listing all the male persons in the said town as the 
law directs. The persons appointed to take the list are also 
to make all the rates in N. London for this year. 

Ordered and enacted by the Govern^, Councill, and Repre- 
sentatives, in Generall Court assembled, and it is hereby 
enacted by the authoritye of the same : That there shall be 
four Gramar Schools constantly kept, at the four countie 
townes of this Colonic, viz, at Hartford, Newhaven, Newlondon 
and Fairfield. And all other townes consisting of seventie 
families and upwards shall constantly keep up from year to 
year, a publick and sufficient school for the teaching children 
to write and read. And that all townes within this Colonic 
of any number of families under seventie, shall keep up yearly 
a publick school, for the teaching to read and write for one 
halfe of the year, these schools to be furnished with able and 
sufficient schoolmasters, according to lawe. And towards the 
mainteiiance of the schools respectively, it is ordered, that from 
the Colonje rates, as the countrey rates are paid by the treas- 
urer, shall be yearly paid fortie shillings upon every thousand 
pounds of the publick list of persons and estates unto the 
severall townes of this Colonic, and proportionably for lesser 
sumes, for the use of their schools as aforesaid. And if any 
town shall be wanting, of a sufficient and able school master 
as aforesaid, then for the fine they shall not have the allow- 
ance as aforesaid, but the sume of the fortie shillings upon the 
thousand pounds shall be paid to the publick treasury e ; pro- 
vided that one months want shall not be any barre to them. 
And it is further ordered, that the forementioned sumes for the 
use of the schools, shall by the treasurer be added to the 



332 PUBLIC RECORDS Oct. 

assessments of each town respectively in his order to the con- 
stables, and by the treasurers order paid by the constables to 
the severall school masters, and where tlie abovesaid allowance 
shall not be sufficient for the maintenance of the school, there 
a sufficient maintenance shall be made up of such estate as 
hath been bequeathed by any for that use, and for want thereof 
the one halfe to be paid by the towne and the other by the 
children that goe to school unlesse any town aggree otherwise. 
And all former orders respecting schools are hereby repealed. 
[354] Ordered and enacted &c. : That the lawe title Ferries, 
in the printed lawes page the twentie fift, be repealed, and the 
same is hereby repealed and made void. 

Ordered and enacted &c.: That all the lawes of this Colonic 
that are appointed for the presse, be published in Hartford 
under the seal of the Colonie, with as much speed as may be, 
that is to say, all that have not been already published. And 
all the said lawes to be in force throughout this Colonic, from 
the first day of June next, and so forward till they are repealed. 

Ordered &c. : That in printing the lawes the Charter shall 
be printed at the beginning of each book. 

It is further ordered that Mr William Pitkin, Capt" John 
Chester, and the Secretary be impowred, and they are hereby 
impowred to transmitt the revised lawes to the presse for 
printing, and the number of books concluded to be printed is 
fifteen hundred. 

Ordered and enacted &c. : That the Councill assigned to 
assist the Governour in the intervales of the Generall Assem- 
bly shall consist of the sam: members and have the same power 
to act in all affairs of publick concernm' as was by this Assem- 
bly ordered and concluded in May last. 

This Assembly having recieved a letter from the Right 
Hon^ie the Lords of the Councill of Trade. <fec. wherein they 
intimate that they have not recieved answer to their letter of 
Aprill the twentie fourth, 1699, and this Assembly having 
formerly impowred the Hon''<^ Govern >■ and Councill to return 
an answer thereunto, which being sent but not recieved, this 
Assembly doth desire and impower the Hon^'^ Governour and 
Councill to send a duplicate of said letter, and also an intima- 



1700.] OF CONNECTICUT. 333 

tion of the reception of a letter from the s^i lords, dated May 
27th, 1700, and to return an answer to it.* 

Whereas the inhabitants of Colchester and those designed 
to goe and settle there, meet with much discouragement in 
their planting and settling, by Owaneco and the Moheags, that 
claim land within that township ; this Assembly being sensible 
of the difficulties they meet with, and being desirous to pro- 
mote the quiet and comfortable settlment of the plantation, 
doe desire the Hon^'e the Govern'' with his Couycill, to treat 
with the Moheags and to aggree with them to quitt their claim 
to the lands within that township, upon as reasonable termes 
as may be obteined, and also to advise the people and to direct 
them in going forward in their plantation worke. And the 
Worshipfull Capt" Samuel Mason is desired to improve his 
interest in the Moheags to promote their compliance with the 
interest of the people of Colchester. The charge to be defrayed 
by the inhabitants of Colchester. 

Vpon the motion of y^ Honourable John Winthrop Esq^, 
Govern'", and Maj"" Generall Wait Still Winthrop, this Assem- 
bly doth appoint Capt" Daniel Wetherell, Capt" John Hamlin, 
Mr William Pitkin, and Capt" William Eelye, or any three of 
them, to be a comittee, giving them full power and authoritye 
to find out and renew the bounds of a tract of land purchased 
by the Hon^'ie John Winthrop Esq'", our late Govern'"," of 
Allumps, alias Hyemps, and Mashanshawitt, Indian sachims ; 
which tract of land is said to be situate in a place comonly 
called Quinnabaug. The comittee to take the best information 
[355] they can gett to guide them in their work, either || of 
any indifferent Indians, or of any other persons, and to give 
notice to those that border upon the land before they enter 
upon the worke, and to make return of what they shall doe in 
the premises (pursuant to the trust comitted to them) to this 
Assembly in May next. 

Upon the desire of the Treasurer, this Assembly doth order 
that he shall have an acquittance of all demands from the 
countrey of all moneys or other estate of the countrey by him 
recived upon rate account, or for powder money, or excise, he 



♦ Foreign Correspondence, I, 90. 



334 PUBLIC RECORDS [Oct. 

having cleared accounts in referrence to those things. The 
acquittance to be signfi by tlie Secretary in the name and by 
the order of the Assembly. 

This Assembly having formerly left it to the Govern'" to give 
name to the new plantation at Quinnabaug and also to appoint 
them a brand for their horses, his Hon"" hath named the town 
Plainfiold, and the horsbrand he hath appointed to be a 
triangle in this forme /s, and hath given order that record be 
made accordingly, which is done according to his Honi^s order ; 
and the name of the said plantation is now Plainfield, and the 
horse brand aforesaid is the proper brand for branding of 
horses in the said plantation. 

This Court being informed that the house that is within the 
forf at Saybrook is out of repair and in danger of falling if 
some charge and cost be not expended, doe therefore order 
and enact that the said house shall be repaired upon the pub- 
lick account of the Colonic, and Mr John Parker and Lieu^ 
John Clerke shall have the care and oversight of the worke. 

Whereas differences between Lebanon and Colchester, hath 
proved much to the preiudice of both places and impedimentall 
to their comfortable proceedings in the settlment thereof, these 
proposalls are the nearest that can be aggreed unto which here 
follow, viz. that Colchester shall extend itselfe from Norwich 
southwest bounds one mile northward by Norwich line, from 
thence to rune a direct line, falling halfe a mile below the 
midle of the island in a pond called the north pond. These 
are the bounds aggreed upon between Lebanon and Colchester 
by us, Joseph Parsons for Lebanon, for Colchester Nathaniel 
Foot, Michael Tainter. 

The line abovementioned propounded to be the bounds 
between Colchester and Lebanon, and aggreed upon by the 
parties above named, is by this Assembly approved and con- 
firmed to be the standing divident line between the above 
named townes. The rest of the bounds of Lebanon to be 
according to the return of the comittee in the year 1699. 

This Assembly doth grant to the inhabitants of the town of 
Lebanon all such immunities, priviledges and powers, as gen- 
erally other townes within this Colonie have and doe enioy. 



1700.] OP CONNECTICUT. 335 

Ordered and enacted &c. : That the rates for defraying of 
charges in the town of Lebanon shall be raised upon the 
impropriated lands of the town for three years, nnlesse the 
maj'" part of the inhabitants of the town order otherwise. 

Free liberty is by this Assembly granted to the inhabitants 
of the town of Lebanon to embody themselves in church estate 
there, and also to call and settle an orthodoxe minister to dis- 
pence the ordinances of God to them, they proceeding therein 
with the consent of neighbour churches as the lawe in such 
cases doth direct. 

Ordered and enacted : That all rates in the towne of Wind- 
ham shall be raised upon the persons and estates in the said 
town according to lawe as in other townes, any former lawe, 
order or custome to the contrary notwithstanding. 

This Assembly recieving an expresse from his Majestic that 
the line between Newyork Province and this Colonic be as the 
settlment or concession by our comissioners made November 
the 23, 1683, doe order that a signification thereof be sent to 
the inhabitants of Rye and Bedford, signed by the Secretary, 
[356] that they are freed from duty to this goverm* and || that 
they are under the goverm' of Newyorke. 

In case the goverm' of Newyorke shall desire the line 
between their Province and this Colonic to be renewed by 
persons appointed by both govermt% this Assembly doth 
appoint and impower Capt" Jonathan Sellick, Lieu' David 
Waterbury and Lieu^ Sam" Peck, to joyn with those appointed 
by the go vermis of Newyork in runing said line and erecting 
boundmarks. 

This Assembly having formerly granted to the volunteers 
in the late Narragansit warre a tract of land for a plantation 
where it might be conveniently found, and some of the said 
volunteers having been out upon the discoverye, and having 
pitcht upon a tract of land situate and bounded as followes, 
viz. to beginne at the pond at the head of Pauckatuck River, 
and from thence to rune a north line to the road that goetli 
from Norwich to Greenwich, from thence a west line to Pres- 
ton bounds, then bounded by Preston and by Stonington 
bounds to Pauckatuck River, and then bounded by said 



836 PUBLIC RECORDS (*Oct. 

liver to y^ said pond. The said volunteers desiring a con- 
firmation of the said land to them for a township, made their 
return to tliis Assembly by Capt" Sam'^ Mason, Lieu' James 
Averye, and M"" John Gallop, who were appointed a comittee 
to view and find out a tract of land for the use aforesaid, and 
to make report thereof. And Lieu^ Thomas Leffinwell, Lieu* 
Richard Bushnell, Isaac Wheeler, Caleb Fobes, Sam'i Bliss, 
Joseph Morgan and Manasseh Minor, in behalfe of the rest of 
the volunteers, moved this Assembly for a confirmation of the 
said tract of land to the said volunteers for y^ use aforesaid. 
This Assembly having considered the matter of their request 
doe grant the same so farre as it concurres with the former 
act of the Generall Assembly. Provided it bring not the 
Colonic into any inconvenience. 

This Assembly having considered the petition of M"" Thomas 
Hooker for a confirmation of a certain parcell of land, by 
estimation 300 acres, situate on the east side of the great river 
in the township of Hartford, aliened to his granfather by M"" 
William Whiting for 3 acres of meddow adioyning to the 
homestid of said M^ Whiting, together with tlie evidences of 
the said exchange, and conveyance of said 300 acres of land 
to his said grandfather, and also that the said M"" Thomas 
Hooker hath solemnly entred upon the said land (no other 
person being in possession of it) and hath according to lawe 
taken possession of it as heir to his said grandfather, doe 
declare that according to what doth appear to them, the said 
M"" Thomas Hooker hath the best title to the land of any man, 
and having made solemne entrie into it as aforesaid, doe judge 
the possession of the land to be in him, and doe order that the 
said Mf Thomas Hooker shall quietly and peaceably possesse 
and eiiioy the said three hundred acres of land without molest- 
ation from any person, except it be in an orderly course of 
lawe. 

Isaac Johnson of Midltown presenting a petition to this 
Assembly wherein he complains that he the said Johnson hath 
been iniured or wronged in that there hath been a considera- 
ble part of a tract of land taken uniustly from him, and he 
petitioning that return of said land may be made to him, this 



1700.] OF CONNECTICUT. 837 

Assembly doe appoint Capt" Robt Wells, Lieu* Mathew Allin, 
and M"" Caleb Stanley, surveyor for the countie of Hartford, 
to be a comittee to make inqiiirie into that matter, by survey- 
ing of said land, or any methods they may thinke needfull in 
order to finding out the right of the matter, at the proper cost 
of the s^ Isaac Johnson, and to make returne thereof to this 
Assembly in May next. 

[357] M^ Edward Pelham, as atturney for John Sad son of 
John Sad late of Hartford deceased, petitioning this Assembly 
for admittance to lay before them some reasons why the said 
Sad is dissatisfied at the settlment of the estate of his father, 
that there might be another consideration of that matter, and 
relief granted to him in those perticulars wherein he appre- 
hends himselfe to be iniured : this Assembly being certified 
that the persons concerned in said settlment were not cited 
according to lawe to appear before this Assembly to hear what 
might be obiected against the settlment aforesaid, that they 
might have oportunitye to replye thereunto, doe returne that 
the lawe will not admitt of a further hearing and consideration 
of the matter conteined in the said petition at this sessions. 

Liberty and full power is by this Assembly granted to Sarah 
Bidwell, widdowe and relict of John Bidwell late of the town 
of Hartford deceased, to convey and confirme to John Marsh 
jun"" of the said town one certain parcell of land situate in the 
said town, conteining about halfe an acre or lesse, which the 
said John Bidwell bought of Thomas Long, and also the one 
halfe part of a grist-mill and of a saw-mill and fulling-mill 
situate in Hartford aforesaid, and whereof the said John Bid- 
well died seized. This liberty and power is granted to the 
said Sarah upon her petition, and the petition of her eldest 
son John Bidwell, and in consideration that the estate in the 
said mills is in a wasting way, the mills being much out of 
repair. 

Liberty is by this Assembly granted to Izrahiah Whitmore 
of the town of Midi town, administrator to the estate of Jona- 
than Gilbert late of the said town deceased, to make sale of 
go much land of the estate of the said Jonathan Gilbert, as is 
needfull for the payment of so much of the debts as were due 
43 



338 PUBLIC RECORDS [Oct. 

from the said estate at the decease of the said Jonathan, which 
the personall estate will not reach to discharge. Provided 
the said administrator proceed in making such sale of lands 
with the advice and consent of Capt" Nathan^ White and 
Capt" John Hall. 

Libertye is by this Assembly granted to Miriam Gillett, 
relict of Jonathan Gillet late of Windzor dec', to make sale of 
halfe an acre of land that was her deceased husbands part or 
portion in the estate of his brother Jeremiah Gillett, which 
land was distributed by the court of probates to her the said 
Miriam and her heirs forever. 

Whereas Maj"" Edward Palmes, Lieu^ James Averye and 
Lieu"^ John Morgan all of Newlondon, did present a paper in 
the Generall Assembly sitting in Hartford May last, contein- 
ing severall articles, alledging divers things against the Rev- 
erent Ml" Gurdon Saltonstall, with referrence to his settlm'^ 
in the office of the ministrye in Newlondon, which they desired 
the Generall Court to take order about; and the said Gurdon 
Saltonstall having by petition complained to this Generall 
Assembly, as being iniurcd and defamed by the said persons, 
and also laid before the Court the whole state of his settlment 
in the ministrye at Newlondon by presenting the votes of the 
said town relating thereunto, and prayed the judgm^ of this 
Court thereupon : This Court in compliance with these 
requests having given oportuuitie to the said persons to offer 
(in the said premises) what they see cause, doe see good to 
declare, and doe hereby declare, the said M"" Gurdon Salton- 
stall free from those iniuries and wrongs charged upon him in 
the said paper, and undeserving of the same, and doe approve 
of the votes of the town of Newlondon, relating to the afore- 
said settlm^ of the Reverent M'" Gurdon Saltonstall as aggree- 
able to the lawes of this Colonic. 

Mf Mathew Griswold of the town of Lyme complaining that 
[358] all II those deeds and writings which doe concern all 
or any of the lands that did belong to his father Mi" Mathew 
Griswold in his life time both in old England and new, are 
witheld, so that they cannot be entred upon the publick 
records: this Assembly orders and impowers the judge of the 



1700. J OP CONNECTICUT. 339 

couiitic court of Newloiiclou upon the desire of the said Mathew 
Griswold to sumon any person or persons upon good grounds 
suspected and nominated by said Griswold to appear at the 
court of probates, and there to examine such suspected person 
or persons under oath upon such interrogatories as may tend 
to discover where or in whose custody e any such deed or deeds 
are kept or concealed. And if any such suspected person or 
persons being brought before the said court shall refuse to 
answer upon oath to all such necessary interrogatories as shall 
be propounded to him or them concerning the premises, it 
shall be in the power of the judge of the said court of probates, 
and he is hereby ordered to comitt such person or persons to 
the comon gaole, there to remain at their own charge untill 
he or they shall better conforme themselves. And the said 
judge having discovered where the said deeds or writings or 
any of them are, is hereby ordered and impowered by all law- 
full means to constrain such person or persons to deliver up 
such deeds or writings into the said court of probates or to the 
said Mathew Griswold, as the said judge shall in his discretion 
thinke most convenient, that so they may be entred in the 
records ; and the said judge shall order cost and charge accord- 
ing to lawe. The priviledge of appeal to the Govern'" in Coun- 
cill is hereby saved to any person aggrieved at the orcler or 
sentence of the judge of the said court. 

Thomas Hancocks complaining that this Colonic is indebted 
to him for the transportation of sixtie men from Rhode Island 
to the main in the year 1675, for which he did never recLeve 
any recompence, this Assembly doth allow said Hancocks five 
pounds in pay o.ut of the countrey rate this year ; provided 
that M'" Nathan'i Stanley and Capt" Caleb Stanley doe make 
search in the comissaries books, and if they find he hath had 
any meet satisfaction he shall not have any further pay. 

Upon the request of Ensign Joshua Hogkiss of Newhaven, 
who was wounded in the Colonic service in the eastern warre, 
and therby in a great measure disabled from hard labour, this 
Court doe allow to him the said Hogkisse, the sume of three 
pound in pay out of the countrye rate this year, notwithstand- 
ing any former relief he hath had from the publick treasurye. 



340 PUBLIC RECORDS [Oct. 

James Wright of Saybrook refusing to give a list of liis 
estate when demanded by the listers of the said town, the 
estate of the said Wright anno 1699, being one hundred and 
seventie pounds, it is now ordered that thirtie pounds be added 
to his last years list, and that he be listed this year at two 
hundred pounds, which shall be added to Saybrook list. 

And whereas Edward Shipman of Saybrook hath neglected 
to give in a list of his estate to the listers, and his estate last 
year being 521'^ 10% it is ordered that the said Shipman be 
listed this present year fiftie two pounds ten shillings, and 
added to Saybrook list. 

[359] The souldiers that were sometime listed under Capt" 
John Prentice to serve at the fort in Newlondon, are by this 
Assembly ordered to be dismissed from said Capt° Prentice, 
and to be listed and serve under the respective captains of the 
town of Newlondon . 

Ensign William Sumner is appointed Lieuteiiant, and Serj* 
John Savage Ensign of the north trainband in Midi town, and 
to be comissionated accordingly. 

This Assembly doth accept of M"" Benjamin Griggs in stead 
of any other appointed by this Court to survey or lay out to 
Capt" Caleb Stanley two hundred acres of land formerly 
granted to him. 

Whereas the Generall Assembly hath formerly granted to 
the Rever^ M"" Thomas Buckingham, minister of the gospel in 
Hartford, two hundred acres of laud, and there is laid out for 
him by M^ Burcher a tract of land bounded south upon a great 
pond, beginning at a grey oak, at the southeast corner, runing 
near west one hundred and eighty perch, thence runing north 
sevenscore perch to Quinnabaug River, then runing east one 
hundred and eighty perch ; this Assembly approves of this 
laying out, provided the land be laid out according to former 
gx'ant. 

This Assembly doth impower Lieu* Curtis and Serj' John 
Mitchell of Woodbury, to lay out two hundred acres of land 
unto Mr Josiah Rossiter, which of right and grant did belong 
to his deceased father, provided it preiudice no former grant. 
And a return to be made to the Generall Court within sixe 



1700.] OP CONNECTICUT. 341 

months after it is laid out. The said M' Rossiter to pay the 
charge. 

This Assembly grants liberty to the inhabitants of Haddnm 
that dwell on the east side of the great river to imbody them- 
selves in church estate, provided they attend the order and 
direction of law in their proceedings, with the concurrance of 
neighbour churches. 

M"" John AUin of Windzor presented a petition to this Court 
complaining that he is likely to be greatly wronged in his 
estate by an act of the Generall Court holden at Hartford May 
13"', 1697, appointing one hundred pounds to be paid in lands 
out of the estate of his father Capt" Thomas Allin dec^, unto 
Mathew Allin his eldest sonne. His petition being heard and 
considered, together with his pleas and allegations, and the 
replies of his brother Mathew Allin, this Court doth declare 
that they doe not see cause to make any alteration of what 
hath formerly been ordered and appointed to the said Mathew 
Allin by the Generall Court aforesaid. 

Ml" John Blackleech of Hartford presented a petition to this 
Assembly for another triall (in a course of law) of his title to 
a certain parcell of land formerly belonging to Benja" Herbert, 
and in contest between him and Capt" William Whiting. 
The Upper House did not see cause to grant his petition. 

Lieu* Abraham Brownson presented a petition in this 
Assembly and a complaint against M'' Mathew Griswold of 
the town of Lyme, and cited said Mathew Griswold to answer 
him. His petition not being granted, the Upper House 
allowed to M^ Mathew Griswold twelve shillings in pay for 
his cost of attendance at this Assembly. Execution granted 
for this sume to be levied upon the estate of the s*^ Lieu' 
Brownson. 



[360] Att a Court of Election holden at Hartford, 
May the 8'^, 1701. 
John Winthrop Esq"" was chosen Governour for the year 
ensuing, and Colonii Robert Treat, Dep^ Govern"". 



842 PUBLIC RECORDS [May, 

Assistants cJioseoi were : 
Capt" Andrew Leet, Capt'i Jn° Hamlin, 

Major James Fitch, Capt" Natha Gold, 

Capt" Sam'i Mason, M'" Willia Pitkin, 

Capt" Dan" Wetherell, M^ Joseph Curtis, 

Nathan" Stanley Esq"^, Capt" John Chester, 

Maji" Moses Mansfield, M^ Josiah Rossiter.* 

Treasurer, Capt" Joseph Whiting. 

Secretary/, Eleazar Kimberly. 

Present in the G-enerall Assembly : 
Fitz John Winthrop Esq"", Govern"", 
Colon" Robert Treat Esq'', Dep* Governour. 

Assistants present : 
Maji" James Fitch, Capt" Nathan Gold, 

Capt" Sam" Mason, Capt" John Hamlin, 

Capt" Dan" Wetherell, M"" William Pitkin, 

Nathan" Stanley Esq"", M"" Joseph Curtis, 

Major Moses Mansfield, Capt" John Chester. 

Dejmties present : 

For Hartford, M^ Thomas Hooker, Capt" Aaron Cook. 

For Windzor, M"- John Woolcutt, M^ John Elliott. 

For Newhaven, M"" Jeremiah Osborn, M"" Tho. Tammage. 

For Fairfield, M"" Peter Burre,t Lieu' James Bennet. 

For Newlondon, Lieu* Nehem. Smith, M-" Sam" Rogers. 

For Milford, M-- Tho. Gierke, M<- Joseph Peck. 

For Branford, M>" William Malbie, Capt" Eleazar Stent.^ 

For Watcrbury, Lieu'^ Tho. Jud, DeacoTho. Jud. 

For Stamford, Lieu' David Waterbury, M^ Elisha Hollie. 

For Lyme, Lieu* Abra Brownson. 

For Wethersfield, Lieu' James Treat. 

For Symsbury, Capt" John Higlye, M"" Sam" Wilcockson. 

For Norwalk, M"" Sam" Haise. 

For Kenelworth, M^ Sam" Buel, Deaco John Griswold. 



* Capt. Chester and Sir. Rossiter were chosen instead of Capt. Caleb Stanley and 
Major Sellick. 
t Speaker. 
J Clerk of the lower house. 



1701.] OP CONNECTICUT. 348 

For Windham, Eus. Jonath. Crane, 

For Norwich, 11^ John Tracie, M'" Solom. Tracie. 

For Gilford, Capt" Stepli. Bradley, Lien' Abra Fowler. 

For Greenwich, M-" John Hubbie, M^ Tho. Close. 

[361] II For Glassenbury, Deaco Jonath. Smith. 

For Saybrook, Lieu' John Gierke, M"" Nathan^ Chapman. 

For Midltown, Capt" Nathan'^ White, Capt" John Hall. 

For Haddum, Capt" George Gates, M»" Daniel Brainard. 

For Stratford, Capt" James Judson, M"" Ben. Beach. 

For Derby, Capt" Ebenezer Johnson. 

For WalMngford, Serjf Jn^ Merriman, M"" John Hall. 

For Preston, M^ Joh. Parks, M"" Tho. Tracie. 

For Stonington, Ens Ephraim Minor, M"" Henerie Stephens. 

For Farmingto, M-" John Hooker, M^ Tho. Bull. * 

Acts past in this Assembly. 

Whereas for severall weighty reasons a stoppe hath been 
put to the publication of the new Revised Lawcs, which were 
by an act of the Generall Assembly in October last ordered to 
be in force in June next : It is now ordered and enacted by 
the Governour, Councill and Representatives, in Generall Court 
assembled, and by the authoritye of the same: Tliat the said 
act be repealed, and the same is hereby repealed and made 
void ; and that all the lawes of this Colonic that were in force 
at the time of making the said act shall be revived and con- 
tinued, and the same are hereby revived and continued to be 
and remain in their full force and virtue for the future. 

Whereas the Generall Courts and Courts of Assistants have 
formerly in a constant way been holden at Hartford in the 
months of May and October annually : It is now ordered 
and enacted by the Deputy Governour, Councill and Repre- 
sentatives, in Generall Court assembled : That the Generall 
Court and Court of Assistants shall be holden at Hartford in 
the month of May onely from year to year, and that the Gen- 
erall Court and Court of Assistants that formerly hath been 
accustomed to be kept at Hartford in the month of October 
shall be annually kept at Newhaven at the time accustomed 
for the sitting of those courts, viz. the Court of Assistants on 
the first Thursday in the month of October, and the Generall 



34-i PUBLIC RECORDS [May, 

Court on the second Thursday in the same month, any lawe, 
usage or custome to the contrary notwithstanding. 

It is further ordered : That the Hsts of persons and estates 
in the severall townes in tliis Colonic shall be transmitted to 
Newhaven by the respective representatives of each towne, and 
exhibited in the Generall Assembly there upon the first day 
of the sitting of the Assembly ; and that all books of record, 
and other writings, and whatsoever may be of necessary use 
in the Generall Assembly or Court of Assistants, shall be sea- 
sonably transmitted to Newhaven for the countries service. 
[362] And it is further enacted by the authoritye aforesaid : 
That when the Generall Assembly shall be holden at New- 
haven, the deputies in the conn tie of Newhaven shall be 
allowed for one dayes travail out and home, and the deputies 
for the counties of Hartford and Fairfield shall be allowed for 
two dayes travail out and home, and the deputies for the 
countie of Newlondon shall be allowed for three dayes travail 
out and home ; and all Assistants and deputies ferrig when 
they are upon the countries service shall be upon the Colonie 
charge. 

Whereas by reason of the extremitye of the season the Court 
of Assistants could not be held and kept at the time by lawe 
prefixed for the sitting of the same in Hartford, viz', on the 
first Thursday of this instant month of May, for which if due 
provision be not made great delay of justice and consequently 
great expences to the suitors in the said Court will ensue ; 
therefore for the reviving and continuing of all manner of 
actions or pleas lately depending, and all manner of processe 
that were returnable or depending in the said Court, and 
which were discontinued and put without day by the not 
holding the said Court, 

Be it enacted and ordeined by the Dep' Governour, Coun- 
cill and Representatives, in Generall Court assembled, and it 
is hereby enacted by the authoritye of the same: That all 
pleas, writts, actions, suits, plaints, process, precepts, or other 
things whatsoever that were returnable or had daye or dayes in 
the said Court of Assistants to have been holden and kept as 
aforesaid shall stand continued and be revived, and are hereby 



ITOl,] OF CONNECTICUT. 345 

continued and adiourned unto, and shall and may be pleaded, 
heard and proceeded upon at the next Court of Assistants to 
be holdcn at Newhaven in October next ensuing. 

And that all parties that had day by any pleas, writts, bills, 
actions, suits, plaints, process, precepts, or other thing or 
things whatsoever, at or in the said Court to have been kept 
at Hartford as aforesaid, shall respectively appear at the said 
next Court of Assistants to be holden at Newhaven, under the 
penaltie of forfeiting any obligations or recognizances condi- 
tioned for the appearance of the said parties, at the aforesaid 
Court in Hartford in this instant month, or under any other 
penaltie that might have incurred upon the said parties for not 
appearing at the said Court of Assistants to be holden in this 
instant month in Hartford, if the same had been there held 
and kept. 

Provided, That where it happens, any person or persons 
being principalis that were under bond, obligation or recogni- 
zance for appearance at the said Court of Assistants to have 
been holden at Hartford in this instant month, as aforesaid, 
are since removed, and gone beyond sea, or out of this Colo- 
nic, and shall not be returned before the sitting of the next 
Court of Assistants to be holden at Newhaven, it shall be in 
the power of the said Court of Assistants to be holden at New- 
haven, upon motion made in that behalfe, and they are 
accordingly to allow a continuance of any such bond, obliga- 
[3(33] tion || or recognizance to such further time as shall be 
thought necessary, that no persons concerned may be surprized, 
or have advantage unreasonably taken against them. 

Ordered and enacted &c. : That the lawe made May the 
llfh, 1699, intitled an Act for regulating Retailers of Drinke, 
be repealed, and the same is hereby repealed and made void. 

Ordered and enacted &c.: That the lawe made May the 
12th, 1698, forbidding the kiUing of Deer at certain seasons of 
the year, be repealed, and the same is hereby repealed and 
made void. 

Ordered and enacted &c. as an addition to the lawe, title 
Herding of Sheep, made May the 14^^, 1674 : That in every 
towne where the majf part of the owners of sheep shall aggree 
44 



346 PUBLIC RECORDS [May, 

to hire a shepheard to keep the flock of sheep, every man tliat 
is owner of sheep shall pay according to his proportion of 
sheep, whether he put them to the comon flock or not, any 
lawe of \_or^ custome to the contrary notwithstaiTding. 

Ordered and enacted &c : That the lawe respecting Comon 
Fences (wherein it is said that the fence viewers shall make 
or mend defective fences, and have double pay of the owners 
of such fences) be repealed, and it is hereby repealed ; and it 
is further ordered, that the printed lawe respecting fences, 
with what is in the manuscripts as addition thereunto, be in 
force in this Colonic, any lawe to the contrary notwithstanding. 

Ordered and enacted : That the major part of the proprietors 
in any parcell of land, that hath been improved in comon in 
any towne, shall have power (with the advice of the major part 
of the select-men in said towne) to determine where the comon 
fence of said land shall runne ; provided it shall not make void 
any written agreements between the proprietors, or wrong any 
persons in their properties. 

Ordered and enacted by the Deputy Governour, Councill 
and Representatives, in Generall Court assembled, and by the 
authoritye of the same : That such justices of the peace and 
quorum, that have been in comission and are again chosen for 
this year, shall act by virtue of their comissions formerly 
received untill the next May. And it is further ordered that 
a copie of the comission for justices shall be sent forth by the 
Secretary to each towne as other orders of this Court, and 
published, which shall for the future be a full comission for 
all justices annually chosen. 

Judges appointed. 

Nathan" Stanley Esq^ is appointed Judge of the Countie 
Court and Court of Probates in the Countie of Hartford. 

Major Moses Mansfield is appointed Judge of the Countie 
Court and Court of Probates in the Countie of Newhaven. 

Capt" Daniel Wetherell is appointed Judge of the Countie 
Court and Court of Probates in the Countie of Newlondon. 

Capt" Nathan Gold is appointed Judge of the Countie Court 
and Court of Probates in the Countie of Fairfield. 



1701.] ' OF CONNECTICUT. 347 

Justices of the Peace and Quoru appointed in y Countie of 
Hartford are : 
John Hains Esq"", Capt" Tho. Hart, 

Mr Henerie Woolcutt, Mf John Hooker, 

M-- Tho. Hooker, M^ John Elliott. 

[364] Justices of the Peace appointed for the Countie of Hart- 
ford are: 
Capt" Nathanii White, Capt° George Gates, 

Lieut James Treat, M"" Dan^i Brainard, 

M"" John More, Lieu^ Tho. Judd, 

Capt" John Higlie, Eleazar Kimberly. 

M"" Joshua Riplye, 

Justices of the Peace and Quorum appointed for Newhaven 

Countie are : 
Mr Jeremiah Osborn, M"" William Malbie, 

M"- John Allin, Capt" Eben" Johnson. 

Mr Tho. Gierke, 

Justices of the Peace appointed for the Countie of Neivhaven are: 
Gapt" Sam'i Newton, M^ John Hall, 

Justices of the Peace and Quorum appointed in the Countie of 
Newlondon are : 
Mr Richard Cristophers, M"" Nathan^ Lynde, 

Mr Nehemh Smith, M^ Dan^i Tayler. 

Capt" Willia Eeelye, 

Justices of the Peace for the Countie of Newlondon are: 
Mr Neliemh Palmer, Mr Jonath. Tracye, 

Mr John Tracie, Lieu' Henerye Crane. 

Justices of the Peace and Quorum appointed for the Countie of 
Fairfield are : 
Mr Richard Blackleech, Mr Mathew Sherwood, 

Mr John Wakeman, Mr Peter Burre. 

Justices of the Peace appointed for the Countie of Fairfield are : 
Capt" James Olmstid, Mr Sam'^ Hoyt, 

Capt" John Minor, Mr Sam'i Peck, 

Capt" James Jiidson, Mr James Beebe, 

Mr Ichabod Wells is by this Assembly appointed High Sher- 
riff of the Colonie during ye Courts pleasure. 



348 PUBLIC RECORDS. ~ "[May, 

This Assembly doth impower Capt" William Whiting to act 
so farre in the office of High Sherrifif as to goe through with 
the worke of serving two executions, one upon the constables 
of Windzor, the other upon Isaac Wheeler of Fairfield. 

Capt" John Chester, M"" Thomas Hooker, M"" Jeremiah 
Osborn, Lieu^ John Clerk, and M^ Peter Burre, or any four 
of them, are chosen auditors to audit the Colonic accounts for 
the year past. 

Capt" John Hamlin, Capt" John Chester, M"" John Tracie, 
M"" John Elliot, and M"" Jeremiah Osborn, were by this Assem 
bly appointed a committee to consider the letters lately sent 
from England, and to prepare answers to them. 

The letters and writings drawne by the worthy comittee to 
[365] be sent || into England, are by this Assembly submitted 
to the Hon^d Governour in Councill to make such additions 
and alterations therein as his Hour and Councill shall judge 
fitt and necessary ; and this Assembly doth leave it to his Hon"" 
in Councill to make returnes to his Majestic and the Right 
Honbie the Lords Comissioners of Trade, upon the letters and 
orders that have lately come from England, in such time and 
maner as to his Honour in Councill shall seem most fitt and 
convenient, and to signe the letters that shall be sent in the 
name of the Governour and Companye. 

Consented to and concluded by this Assembly, that the 
Councill assigned to assist the Governour, or in his absence 
the Deputy Governour, in the intervale of the Assembly shall 
consist of two of the Assistants at the least, and four able, 
judicious freemen, such as the Governour, or in his absence 
the Deputy Governour, shall call to Councill ; who shall have 
power in the intervales of the Generall Assembly to mannage 
the affairs of this Colonic according to charter, they not to raise 
men to send out of the Colonic unlesse in case of exigency e, 
nor to dispose of money. 

This Assembly doth again comitt the comand and ordering 
of the forts at Newlondon and Saybrook both for reparation of 
tliem, and for appointing and comissionating of captains and 
other officers, and ordering all matters respecting them. 



1701.] OP CONNECTICUT. 849 

whereby they may become serviceable for the defence of the 
countrey, to the wise conduct of the Governours Hon^. 

This Assembly doth also grant that there shall be an expence 
of money out of the publick treasurie of the Colonic not ex- 
ceeding an hundred pounds in pay, for the repairing of the 
forts at Newlondon and Saybrook, and also that what powder 
money is paid to them shall be improved for the same use ; the 
whole of the money to be disposed of according as the Gov- 
ernours Honour shall direct for the end aforesaid. 

The acts of the Governour and his Councill in the intervale 
of the Generall Assembly since October last, being read and 
considered in this Assembly were well approved of, and his 
Hon" good conduct therein acknowledged with all thankfull- 
nesse. 

The Governour and Councill doe order and appoint the 
Treasurer of the Colonic, and he is hereby ordered and 
appointed with all possible speed to procure eight barrells of 
gun powder and lead proportionable for the service of the 
Colonic ; the powder and lead to be by hiiii divided into four 
equall parts and delivered to the treasurers of the counties 
respectively, that is to say, to the treasurer of each countie 
one fourth part thereof, to be deposited in the head townes of 
each countie and there safely preserved for the use of tlie 
Colonic as aforesaid. 

Ordered by the Assembly, that all letters from his Majestic 
and other letters of publick concernment, that may be of good 
use for the goverment in future time be entred in a book pro- 
vided for that purpose, at the charge of the countrey. 

This Assembly doth appoint and impower William Pitkin 
Esq"", Capt" Thomas Hart, Nehemiah Palmer, Capt" John 
Chester, Capt" Joseph Wadsworth, and Serjt Caleb Stanley, 
or any three of them to be a committee in behalfe of this cor- 
poration to make diligent search and inquirie after all such 
[366] persons as have made any unlawfuU || entries upon any 
of the countries land, not having a just right thereunto by 
grant from this Assembly; especially after such persons as 
have made any unlawfull entries upon the lands situate in the 
northeast parts of this Colonic; to continue in that service 



350 PUBLIC RECOKDS [May, 

during the Courts pleasure, and to make presentment from 
time to time in this Assembly of all persons that they shall 
find guiltie of making such unlawfull entries and incroach- 
ments upon the countries lands as is beforementioned. 

This Assembly doth allow to the Treasurer twentie pounds 
in pay for his riding the circuit to make up the Colonic 
accounts with the constables this year. 

Capt" John Hamlin and Capt^^ Aaron Cook are by this 
Assembly desired and appointed to return the thanks of this 
Assembly to the Reverend M"" Webb for his pains in preaching 
the election sermon, and to desire him to grant a copie that it 
may be printed. 

It is ordered by this Assembly, that the election sermon 
that was last preached by the Reverent M'' Samuel Hooker be 
also printed upon the charge of the Colonic, the Treasurer to 
take care that the copies be transmitted to the presse. 

Ordered by this Assembly, that the second Wedensday in 
June next shall be kept throughout this Colonic a day of fast- 
ing and prayer, and that the Secretary by himselfe or with the 
assistance of any minister he shall advise with, shall draw a 
bill for the same and transmitt it to the severall townes in this 
Colonic. 

The person [s] hereafter named are appointed to be military 
officers in the respective townes to which they belong, and to 
be comissionated accordingly : Thomas Wells is appointed to 
be Captain of the trainband at the north part of Wethersfield, 
Benjamin Churchell to be their Lieutenant, and William 
Goodrich to be Ensign of the same company e. 

Thomas Gates is appointed to be Ensign of the trainband 
on the east side of the great river in Haddum. 

James Wells is appointed to be Ensign of the trainband on 
the west side of the great river in Haddum. 

Thomas Lee sen"" is appointed to be Ensign of the trainband 
in the towne of Lyme. 

Mathew Allin is appointed to be Captain of the trainband in 
Windzor upon the south side of the riverett, and Job Drake 
to be their Lieutennant. 

Richard Bushnell is appointed to be Captain of the train- 



1701.] OF CONNECTICUT. 351 

band in the town of Norwich, Solomon Tracie to be their Lieu- 
tenant, and Thomas Leffinwell to be their Ensign. 

Samuel Howard is appointed to be Ensign of tlie trainband 
in the town of Hartford upon the south side of tlie riverett. 
• Ordered and enacted by this Assembly : That the rates for 
defraying of the publick charges of the ministrye and all other 
publick charges in the town of Plainfield for the present and 
[367] till further order shall be levied upon || the polls, stocks, 
and all the improved lands of the townsliip, and that suitable 
persons be chosen by the inhabitants of the towne to size all 
the improved lands within their towneship that there may be 
an equall proportion observed in raising money upon them. 

The comittee appointed by this Assembly in October last to 
find out and renew the bounds of a tract of land purchased l)y 
the Hon^'e John Winthrop Esq^", our late Governour, of 
Allumps alias Hyems, Aguntus and Ma-Shanshawitt &c. Indian 
sachims, which tract of land is said to be situate in a place 
comonly called Quinnabaug, and to make return to this 
Assembly, being prevented by the unseasonablencsse of the 
weather from doing that worke ; this Assembly upon the 
motion of the Hon^ie John Winthrop and Wait Still Winthrop 
Esqi's doe now appoint Capt" Dan'' Wetherell, Capt° John 
Hamhn, M^ William Pitkin, Capt" William Eelye, M-" Richard 
Lord, Capt" Mathew Allin, and Serj' Caleb Stanley, or any 
three of them, to performe that worke, and to make return 
thereof to this Court in October next ; the comittee to take the 
best advice they can gett from any indifferent persons, either 
Indians or English, to guide them in their worke, and to give 
at the least three dayes warning to Norwich people, or to such 
of them as are proprietors, or claim land adiacent, or to M"" 
Tracie onely. Always provided that what the comittee shall 
doe in the premises shall not confirme or invalidate the title 
of any Indian sachim, and that the worke be done at the 
charge of the Hon'''' Govern^ John Winthrop and Wait Win- 
throp.* 

Liberty is by this Assembly granted to the inhabitants on 

* Their report with Indian testimony ike. is recorded in Col. Rec. of Deeds, &c., 
II. 304-310. 



352 PUBLIC RECORDS May, 

the east side of the great river in Hartford to imbody them- 
selves in church estate, they obteiuing the consent and con- 
currence of the neighbouring churches. 

Major Generall Wait Still Winthrop moving this Assembly, 
this Assembly, to grant him a rehearing of the case dependii>g 
between him and M"" John Tracie in the Court of Assistants 
holden at Hartford on the lift of this instant month, this 
Assembly did not see cause to grant it. 

Capt" Joseph Whiting petitioning this Court by their act to 
secure him in the quiet possession of a piece of land in the 
West Division in the township of Hartford, now in contest 
between him and Cyprian Nichols, untill he is elected by lawe ; 
this Assembly see not cause to grant his petition, but are ready 
to passe an act that the action depending formerly between 
them in lawe, which is fallen, shall be revived and continued 
unto the next Court of Assistants to a finall issue. 

Whereas there was an action depending in the Court of 
Assistants holden at Hartford on the third of October last, 
between Capt° Joseph Whiting of Hartford plaintiff by review 
from the judgm* of the Court of Assistants next preceding, 
and Capt" Cyprian Nickels defendent, which action through 
the insufficiencye of the juries return and their obstinate 
refusall to give in a verdict to the Courts satisfaction, remains 
still undetermined, and the pleas and processe thereupon were 
discontinued and put without day : Now to the intent that 
justice may be done therein, it is ordered and enacted by this 
Assembly that the said action so discontinued as aforesaid, 
shall stand revived and be continued, and it is hereby revived, 
continued and adiourned to the next Court of Assistants 
[368] II to be holden at Newhaven in October next, and shall 
and may be then and there pleaded, heard and proceeded 
upon, and the parties concerned in the said action that had 
day by their suit in the said Court of Assistants in October 
last, shall respectively appear, at the Court of Assistants to be 
holden as aforesaid in October next, under the same penalties 
that might have incurred upon them or either of them for not 
appearing at the Court of Assist^^ i^ Octobr last if they or 
either of them had not there appeared. 



1701.] OP CONNECTICUT. 353 

Sam" Willis Esq"" petitioning for y^ vacating an execution 
formerly levied upon some of his lands by M"" John Blackleech, 
this Assembly doe not see cause to grant his petition. 

Vpon the petition of Joseph Wright of Kenelworth, this 
Assembly doth order and appoint the comittee formerly 
appointed to make distribution of the estate of Beniamin and 
Jane Wright to fixe and settle the boundaries to the land they 
did then make distribution of to the children of the said 
Beniamin and Jane Wright, according according to the 
returnes made to the Generall Court May 13'''', 1686. 

This Assembly having considered the last will and testament 
of Mr John HoUam late of Stonington dec^, dated Aug, 1700, 
they doe declare it to be their judgment that it was the intent 
of said M'' John Hollam that part of his lands should be sold 
for the discharging his debts, and that it is in the power of the 
executors of the said will to make sale of part of his lands, 
that so his lands may bear a proportion with the rest of his 
estate in payment of his debts. 

M"" John Blackleech of the towne of Hartford, administrator 
to the estate of his sofie John Blackleech deceased, certifying 
this Assembly that his sofie in lawe Thomas Wells late of the 
said towne of Hartford deceased, did in his life time mortgage 
to John Sad of the towne aforesaid, a certain parcell of land 
of about twelve acres, situate in the township of Hartford 
aforesaid, for money borrowed of said Sad, and that his owne 
sone, John Blackleech aforesaid, did after the decease of the 
said Thomas Wells obtein an assignment of the said mortgage 
to himselfe giving bond for the payment of the debt for which 
the said land was at first morgaged, and that part of the debt 
due to the estate of John Sad hath been paid by his daughter 
relict of the said Thomas Wells, and bond being given by his 
Sonne abovenamed for payment of the remainder, and twentie 
one pounds currant silver money remains still due to the 
executors of the said John Sad upon the said bond: This 
Assembly upon his request doe give to the said John Black- 
leech full power to make sale of the said parcell of land, part 
of the produce thereof to be improved for the payment of the 
8*^ debt to the estate of the said John Sadd, the remainder to 
45 



354 PUBLIC RECORDS [May, 

be improved for the benefitt of the relict of the said Thomas 
Wells (daiigh[ter] of the said John Blackleech) and of the 
youno; children. 

[369] Liberty and full power is by this Assembly granted to 
Anne Trill, widdow and relict of Thomas Trill late of Hart- 
ford dec^, to make sale of a certain parccll of land (which her 
deceased husband had of John Pan trie of Hartford aforesaid) 
situate on the east side of the great river in Hartford bounds, 
conteining by estimation thirtie acres more or lesse ; she being 
left by her husband in a lowe condition with three small chil- 
dren, and standing in need of relief, and the title of the land 
depending upon such conditions as the widdowe is not able to 
performe, whereby the land is in danger to be forfeited as 
appears by the deed. 

Liberty and full power is by this Assembly granted to Han- 
nah Whitmore and Francis Whitmore of Midltowne, adminis- 
trators to the estate of Francis Whitmore late of s*" Midltowne 
deceased, to make sale of a house and homestid which the the 
said Francis deceased purchased of Jacob Johnson about three 
month before his death, that by the sale thereof they may be 
inabled to pay the purchase money. 

This Assembly having perused and considered a writing 
presented by Lieu' John Morgan of Newlondon, wherein 
Nathan" Willson of Hartford before his marriage with Susaiiah 
daughter of M^ William Jones of Newhaven, did solemnly 
promise and inguage upon condition of marriage with said 
Susaiiah never to sell, alienate or any wayes imbezel any part 
of his lands &c. without the advice or consent of sundry per- 
sons named in said writing, in presence of Capt" Sam" Mason, 
M"" James Noyes, and M"" Dan" Mason, who are witnesses 
thereunto : This Court doth judge the said promise and 
inguagement made upon the conditions aforesaid to be of 
good force, and ought to be carefully observed by all good 
men, and the writing to be recorded. The writing followes : 

Stonington, May the 6', 1701. 
We whose names are under written being desired in a letter 
from M"" Jones of Newhaven sometime since Deputy Govern^ of 
this Colonic, to advise in a case of difficult circumstances con- 
cerning the said M"" Joiies his daughter Susanna, now married 



1701.] OF CONNECTICUT. 355 

and is Susaniia Wilson of Hartford, and before her marriage she 
being at Lieu' John Morgans in Newlondon, we had severall 
considerations, and severall discourses with Nathan' ^ Wilson 
her now husband, and before marriage, and in order to the 
same, said Nathaniel Wilson did solemnly promise to us in 
the presence of severall others, viz. M'' Richard Edwards of 
Hartford and his sone that is now in the worke of the ministrie 
&c. The said Nathan" Wilson promised us that he would not 
make bargains or sell land, or any ways embezel his estate, 
without the advice of his mother M^^ Wilson, or M"" Thornton 
a glover, and one M'" Merrill, and his wife Susannah, all of 
Hartford. To attest the verity of this, we have sett to our 
hands. Samuel Mason, Assistant, 

James Noyes sen"", 
Dan" Mason. 
The above named Nathan" Willson was married to his wife 
Susana in Aprill, 1700. Sam" Mason Assists 

The above written is a true copie of the originall testimony 
upon file. Test Eleazar Kimberly, Secy. 

Ordered and enacted by this Assembly: That the money 
which Capt" Sam" Wells of Glassenbury and Ensign Thomas 
Wells of Wethersfield were ordered to pay to their brother in 
lawe Dan" Shilton of Stratford, as the remainder of his wives 
portion and for court charges, by the judgm' of this Assembly 
May the 11'^, 1699, shall be paid by them by equall proportion, 
that is to say, that Capti Sam'i Wells shall pay the one halfe, 
and his brother the said Thomas Wells the other halfe thereof. 
[370] Ben Vncass complaining that the inhabitants of the 
town of HaddrL have taken some of his land into their town- 
ship, this Court doe recomend it to the town of Haddum that 
they doe enquire into that matter, and if they have any such 
land within their township that they doe speedily comply with 
sd Ben Uncas by purchasing said lands, or other agreement 
that may prevent future trouble. 

Whereas Isaac Johnson of the towne of Midltown did com- 
plain to this Assembly in Octob^ last, that a considerable part 
of a tract of land in the said town to him belonging was 
uniustly taken from him, and this Assembly did then appoint 
a comittee to goe down to Midletown and to survey the said land 
and to make inquire into the matter, and the said comittee 
having made return of the trust reposed in them : This Assem- 



356 PUBLIC RECORDS [May, 

bly doth declare that it is their opinion (upon the return of 
the said comittee) that the said Isaac Johnson hath been 
wronged, and therefore doe recomend it to the town of 
Midltown that they doe take effectuall care, that he the said 
Isaac Johnson have right done him by a due recompence of 
land sett out to him as may make up his damage, that so 
future trouble may be prevented. 

M'" John Allin of Windsor complaining to this Assembly of 
wrong done him by the disposing and distribution of the 
estate of his lion'''' father deceased, this Court doe order that 
a comittee be appointed to inspect into that matter and make 
return to this Court in October next how they find it. The 
comittee appointed for that work is M"" Richard Lord, M"" John 
Elliott, Capt" Cyprian Nickols, Ensign Tho. Bunco, M^ John 
Hains, or any three of them. 

Deacon Thomas Bull, Serj' Sam" Wadsworth, and Serj* 
Thomas Porter, are appointed by this Court to apprize the 
vallue or worth of the labour that Richard Seamer had done 
upon the two acres of land that Thomas Hancocks recovered 
by execution from the abovesaid Seemer; the apprizers to be 
upon oath, and to apprize the labour according to the worth 
of it to the said Hancock, that is according to the benefitt that 
it might be to him. 

This Court doe allow unto Joseph Garrett fiftie shillings in 
money as an addition to his bargain for digging the prison well. 

Ordered and enacted by this Assembly : That all the souldiers 
inhabiting on the east side of the ferry river in the township 
of Newhaven shall be imbodied into a trainband there, and 
have free liberty to choose their military officers ; provided 
they continue as they are till they have officers comissionated 
according to lawe; and that the souldiers in the towne of 
Newhaven, and all on the west side of the ferry river westward 
within the s^ towneship shall be equally di^'ided into two com- 
panies under comand of the present comission officers there 
and by their order. 

This Assembly having heard and considered the petition or 
request of the inhabitants of Fairfield village presented to them 
by Lieut- James Bennett desiring that the Court would state 



1701.] OF CONNECTICUT. 357 

and settle for them a line for the west boiindarye to their 
[371] plantation &c., doe order and enact: That the line to 
be the west boundarye of the said plantation shall run, so as 
that it may take in, and include within their bounds, one 
Moses Jackson miller his housing and lands, and run on the 
west side of old Jacksons lotts, (viz',) pasture, building lott, 
and long lott, upwards or northwards to the upward or north- 
ern end of the bounds of the town of Fairfield, and that all 
such person or persons as have built or that shall build and 
inhabitt on the east side of the abovesaid line, and on the west 
side of Poquanack River, shall pay to all publick charges that 
shall arise in the said plantation his rateable part thereof. 

Provided alwayes : That this act shall in no wise hinder or 
abridge the inhabitants of the said plantation, of using and 
holding the priviledge of feeding sheep to the westward of the 
abovesaid line, as it was granted to them formerly by the 
inhabitants of the town of Fairfield. 

And further it is enacted by the authoritye aforesaid : That 
the said plantation (formerly called Poquannuck and Fairfield 
village) shall for the future be called by tlie name of Stratfield, 

Capt" Robert Wells by this Assembly released from being 
captain of a trainband in the town of Wethersfield. 

This Assembly doth revoke these words, viz. " Bring not 
the Colonic into any inconvenience," at the foot of the act of 
the last Generall Assembly respecting the volunteers, and doe 
insert these words in steed of them, viz^, " Doe not preiudice 
any former grant of the Court." 

This Assembly appoints Serj' Caleb Stanley to be joyned 
with Lieut Bushnell and M"" Palmer, in the stead of M>" Butcher 
deceased, to run the line between Preston and Newlondon. 

[From the Windsor MS.] 

A copy of the Commission for Justices, by order of the Gen- 
erall Assembly holden at Hartford, May 8'^, 1701, to be 
sent forth to the several towns of this Colony. 
J. W. Esquire, Governour of his Majesty's Colony of Connecticut 
in New England, to A. B. C. D. &c. Greeting. Know ye that by 
virtue of authority derived from his late Majesty Charles the Second, 
by the grace of God of England, Scotland, France and Ireland. King, 
and by and with the advice and consent of the Council and Repre- 
sentatives of this Colony in General Court assembled, I have assigned 



358 PUBLIC RECORDS [May, 

you and every of you, jointly and severally, to keep the peace within 
the county of II. within the Colony aforesaid, and to keep and cause to 
be kept all the laws and ordinances that are or shall be made for the 
good of the peace and conservation of the same, and for the quiet rule 
and government of the people within the County aforesaid in all and 
every the articles thereof, and to chastise and punish all persons offend- 
ing in the county aforesaid against the said laws, ordinances, or any 
of them, as according to those laws or ordinances shall be fit to be 
done, and to eause to come before you or any of you all those persons 
who shall threaten any of his Majesty's subjects in their persons or 
estates, to find sufficient sureties for the peace and good behaviour, or 
in default of their finding sureties to commit them to gaol or safe cus- 
tody until they shall so do. 

And I have assigned you or any three of you the said J. H., J. E., 
&c. to assist the Judge of the County Court for the county aforesaid, 
to enquire of, hear and determine by a jury or otherwise according to 
law, all causes, matters and things civil and criminal, cognizable by 
the said Court according to law. 

I do also assign you the said A. B. C. D. &c. and each and every of 
you to hear and determine all cases, matters and things civil and crim- 
inal, which any one Assistant in this corporation now hath or hereaftei' 
shall have power by law to hear and determine. And I command 
you and every of you that you diligently intend the keeping of the 
peace, laws and ordinances, and all and singular other the premises, 
and perform and fulfill the same, doing therein what to justice apper- 
tains according to the laws of this Colony. In witness whereof I have 
caused the seal of the Colony to be hereunto affixed. Given under my 
hand in H. this day of in the year of the reign of our 

Sovereign Lord William the Third, by the grace of God, of England, 
Scotland, France and Ireland, King &c. Annoq; Domini 

By his Honor's command, J. W. 

E. K. Secretary. 
A true copy, test. Eleazar Kimberly, Secretary. 



Att a Generall Assembly holden att New-Haven, Octob« 

YE 9tS 1701. 

Present : 

The Governours Hon'", 

The Deputy Govern" Hon"", 
Capt" Andrew Leet, Maj"- Moses Mansfield, 

Majf James Fitch, William Pitkin Esq"-, 

Capt'i Sam'i Mason, Joseph Curtis Esq"", 

Capt" Danii Wetherell, Capt" John Chester, 

Nathan" Stanley Esqf, Josiah Rossiter Esq^. 



1701.] OF CONNECTICUT. 359 

Representatives present : 
For Hartford, M"" Thomas Hooker, Capt" Aaron Cook. 
For Ne. Haven, M"" Jeremh Osborn, M^ John Ailing. 
For Windzor, M-" John Woolcutt, M"" John Elliot. 
For Fairfield, M"" John AVakeman, M"" Peter Burre.* 
For NewLondo, M"* Nehem^ Smith, Ens. John Hough. 
For Stratford, Capt" James Jiidson, Ens. John Coe. 
For Wethersfield, Lieut James Treat, Capt" Rob^ Wells. 
For Gilford, Capt" Stephen Bradley, Lieu' Abraha Fowler. 
For Milford, M-- Thomas Clerk, Serjt Joseph Peck. 
For Windham, M^ Joshua Riplje, Ensign Jonath. Crane. 
For Branford, M"" Willia Malbie, Capt" Eleaz"- Stent.f 
For Wallingford, Lieu^ Sam'i Hall, Serj' John Merriman. 
[372] For Woodbury, M"- John Sherman. 
For Derbye, Capt" Ebenez"" Johnso, Ens. Sam" Riggs. 
For Stanford, Lieut David Waterbury, M"" Elisha Holly. 
For Haddu, Capt° John Chapman, M"- Dan" Brainard. 
For Midltown, Capt" Nathan" White, Lieu^ Will Sumner. 
For Waterbury, Lieu' Tho. Jud, Serjt Isaac Brownson. 
For Glassenbury, Deacon Jonath. Smith, Lieu' Sam" Hale. 
For Saybrook, M^ Nathan^^ Lynde, M"" Nathan" Chapma. 
For Norwich, M"" John Tracy e. 

For Lyme, Capt" William Eelye, Deacon Joseph Peck. 
For Stoningto, Lieu* Dan" Mason, M"" Joseph Saxton. 
For Symsbury, Capt" John Higlye, Serj"- Sam" Wilcockson. 
For Kenelworth, Lieu* Henry Crane, M^ Robert Lane. 
For Farmingto, M>- John Hooker, M"" Tho. Bull. 
For Norwalk, M"" Andrew Messenger, M'" Sam" Keeler. 

Persons nominated to stand for election in May next are : 

Majr Gener" Fitz John Winthrop Esq'", Colon^ Robert Treat 
Esq"", Capt" Andrew Leet, Majr James Fitch, Capt" Sam" Ma- 
son, Capt" Dan" Wetherell, Nathan" Stanley Esq^, Capt" Caleb 
Stanley, Maj"" Moses Mansfield, Capt" John Hamlin, Capt" 
Nathan Gold, Will Pitkin Esq"", Joseph Curtis Esqf, Capt" 
John Chester, Josiah Rossiter Esq'', M"" Richard Cristopliers, 

* Speaker. 

t Clerk of the lower house. 



PUBLIC RECORDS 



Oct. 



M"" Peter Burre, 
Jeremah Osborn. 



M-" John Haiiis, M^" Thomas Hooker, M"- 



Hartford, 

Newhaven, 

Windzor, 

Wethersfield, 

Gilford, 

Norwich, 

Fairfield, 



[373] Newlondoii, 10197 

Danbury, 

Windham, 

Woodbnry, 

Kenelworth, 

Lyme, 

Midltown, 

Norwalk, 



02230 
02161 
03045 
02919 
06128 
06726 
06309 



Estates. Us. Persons- 


06842 


136 


03909 


101 


02907 


068 


04668 


080 


02587 


071 


10712 


130 


06096 


100 


07450 


115 


03087 


067 


02389 


047 


06810 


095 


04038 


082 


01974 


050 


06343 


126 


11196 


181 



The list of persons and estates. 

Estates. Us. Persons. 

18261 307 Stonington, 

17228 332 Haddnm, 

14369 250 Preston, 

12375 252 Branford, 

08062 137 Glassenbury, 

05723 122 Stratford, 

12317 150 WaUingford, 

210 Farmingto, 
Simsbnry, 

059 Derbye, 

065 Stanford, 

052 Greenwich, 

123 Waterbury, 

177 Saybrook, 

110 Milford, 

(Conncill stated.) 

Ordered and enacted by the Governour Councill and Repre- 
sentatives in Generall Court assembled, and by the authority 
of the same : That the Councill assign^ to assist the Govern'", 
or in his absence the Deputy Governour, in the intervales of 
the Generall Assembly, shall consist of four Assistants at the 
least, and that the Governour, or in his absence the Deputy 
Govern'', with four of the Assistants convened in Councill 
shall have power in the intervales of the Generall Assembly to 
manage the affairs of this Colonic according to charter, they 
not to raise men to send out of the Colonie (unlesse in case 
of exigencie) nor dispose of money. 

(Rate granted.) 

This Assembly grants a rate of two pence halfe pennie upon 
the pound of all the rateable estate of this Colonie, according 
to the lists of estate presented this sessions ; to be paid in 
wheat, pease, Indian corn, rye and pork ; winter wheat at five 
shillings p"" bush", pease and rye at three shillings p'" bush", 
Indian come at two shillings and sixe pence p'" bushell, porke 
at three pounds ten shillings p'" barrell ; all the grain to be 
good and merchantable, the pork to be repackt by a sworn 



1701.] OP CONNECTICUT. 361 

packer, and marked with his mark, and if any will pay their 
proportions or part thereof in money it shall be accepted at 
two thirds. It is also ordered that no person shall pay above 
one third part of his rate in rye. 

(Salleries stated.) 

This Assembly doth allowe unto the Honr<^ Govern'' one 
hundred and twenty pounds in pay for his sallerie this present 
year, he bearing his own charges and waiting men and horses. 

This Assembly doth allow to the Deputy Governour sixtie 
pounds in pay for his sallerye this present year, he bearing 
his own charges and waiting men and horses. 

This Assembly doth allow unto the Treasurer twentie pounds 
in pay for his sallery this year. 

This Assembly doth allow to the Secretary twelve pounds in 
pay for his sallerye this year, he bearing his own charges. 

This Assembly doth allow to the Colonic SherrifFnine pounds 
for his sallerye this present year, he bearing his own charges ; 
and to the Countie Sherrifif four shillings p"" day for each days 
attendance on this Court. 

[374] This Assembly doth allow to M"" Burre, Speaker of 
the House of Representatives, three pounds for his good con- 
duct in May and October. 

This Assembly doth allow to Capt" Eleazar Stent, Clerk of 
the House of Representatives, fiftie shillings for his service in 
May and Octob^ 

Ordered by this Assembly, that for the future the auditors 
of the Colonic accounts shall be allowed five shillings pi" day 
in pay and bear their own charges. 

Ordered and enacted by this Assembly, that for the future 
such of the intervale or meadow lands in the countie of Hart- 
ford as have formerly been vallued at above twentie shillings p*" 
acre in the countrie list, shall for the future be listed at twentie 
shillings p'" acre and no more, any former lawe or custome to 
the contrary notwithstanding. 

Ordered and enacted by the Govern^, Councill and Repre- 
sentatives, in Generall Court assembled, and by the authority 
of the same : That there shall be four sufficient gaols or prison 
46 



362 PUBLIC RECORDS [Oct. 

houses constantly maintained in this Colonic, (that is to say, 
one in each head towne of the four counties) which gaols or 
prison houses shall bo maintained at tlie cost and charge of 
each respective countie, upon the penaltie of answering all 
damages that shall accrue, for want of a sufficient gaole to be 
answered by the countie that shall not attend this order. 
And that the charge of either erecting or repairing such gaols 
or prison houses, shall be defrayed by way of rate levied upon 
the inhabitants of each countie (unless there be sufficient in 
the countie treasury) to be assessed upon them by the justices 
at their countie courts from time to time as occasion shall 
require, and collected by the constables in each towne in the 
countie ; and that the justices in their countie courts, shall 
give order for the building or repairing of such gaols in their 
respective counties, and for carrying on the worke till it be 
finished.* 

Whereas this Court in Octob'', 1700, did appoint and 
impower a comittee to transmitt the lawes revised to the presse 
to be printed, and the number to be printed to be fifteen hun- 
dred, which order (upon some considerations) was delayed by 
this Court May last past : This Court doe now appoint and 
impower M"" Will Pitkin, Capt" John Chester, and the Secre- 
tary, to be a comittee to transmitt the aforesaid lawes to the 
presse to be printed at the Colonic charge, and also to print 
such a number, viz. fifteen hundred, or two thousand, and 
that said books when printed, shall be by proportion sent into 
each countie in this Colonic, and be sold by persons appointed, 
for such prizes as may amount to the cost of printmg ; the 
produce of them to be returned into the countrcy treasury for 
the Colonics use. And that the law for sizing lands in the 
sevcrall towncs in this Colonic now in force shall remain the 
same, onely adding the alteration made by this Court on the 
meddow lands in Hartford countie. 

Capt" Sam'i Mason, Capt" Nathan Gold, M"" James Noyes, 

* At their session in October, 1698, the Court of Assistants impowered Capt. Joseph 
Whiting, Treasurer, with the High Sheriff, Capt. William Whiting, to agree with 
workmen to build a new Prison House [in HartfordJ that may be sufficient for the 
country's service, and to provide all necessary materials, and to do all upon the 
country's account and at the charge of the country. Rec. Co. of Assist., I, 87. 



1701.] OP CONNECTICUT 363 

[375] M"" Thomas || Hooker, and M"" John Elliott, are chosen and 
appointed a comittee in the behalfe of this Colonie to indevour 
an amicable agreement with the goverment of Rhode-island, (or 
such persons as shall be by them appointed and fully impower- 
ed,) respecting the settlment of the dividing line between the 
two Colonies. And the said comittee, or any four of them, are 
hereby comissionated and fully impowered to bring that matter 
depending to a finall issue, and what line shall be aggreed upon 
and stated by them, or any four of them, shall be deemed, ad- 
iudged and forever remain to be the dividing line between the 
Colonie of Conecticutt and the Colonie of Rhode Island; provi- 
ded that nothing done by the aforesaid comittee, shall alter or 
change the propertie of any mans land, but all propertie shall be 
saved, according to the agreement of our late Governour John 
Winthrop and M"" Clerk of Rhode Island, which aggreement was 
made in England. 

Act for a Collegiate School. 
Whereas severall well disposed and publick spirited persons of 
their sincere regard to and zeal for the upholding and propa- 
gating of the Christian protestant religion, by a succession of 
learned and orthodox men, have expressed by petition their 
earnest desires that full liberty and priviledg be granted unto 
certain undertakers, for the founding and suitably endowing 
and ordering a Collegiate School within this his Majesties 
Colonie of Connecticutt, wherein youth may be instructed in 
the arts and sciences, who through the blessing of Almighty 
God, may be fitted for publick imployments both in church 
and civill state, 

To the intent therefore that all due encouragement be given 
to such pious resolutions, and that so necessary and religious 
an undertaking may be sett forward, supported and well mari- 
aged : Be it enacted by the Governour and Company of the 
said Colonie of Connecticutt in Generall Court assembled, and 
it is enacted and ordeined by the authority of the same that 
there be, and hereby is full liberty, right and priviledge granted 
unto Mr James Noyes of Stonington, M^ Israel Cliancic of 
Stratford, M"" Thomas Buckingham of Saybrook, M"" Abraha 
Pierson of Kenelworth, M^ Sam^' Mather of Windzor, M"" Tim- 
othie Woodbridge of Hartford, M"" James Pierpoint of New- 



364 PUBLIC RECORDS [0 ct. 

haven, M"- SarnH Andrew of Milford, Mr Joseph Webb of Fau'- 
field, Mr Noadiah Russell of Midltowne, being all reverent 
ministers of the gospell, and inhabitants within this said Colo- 
nie, proposed to stand as trustees, partners, or undertakers 
for the said school, to them and their successors, to erect, forme, 
direct, order, establish, improve, and at all times in all suitable 
wayes for the future to incourage the said school in such con- 
venient place or places, and in such forme, manor, and under 
such orders and rules, as to them shall seem meet and most 
conducive to the aforesaid end thereof, so as such rules or orders 
be not repugnant to the lawes of the civill goverment : as also 
to imploy the moneys or any other estate which shall be granted 
by this Court, or otherwise contributed to that use, according 
according to their discretion for the benefitt of the said collegiate 
school from time to time and at all times henceforward. 

And be it further enacted by the authority aforesaid : That the 
before named trustees, partners or undertakers, together with 
such others as they shall associate to themselves (not exceed- 
ing the number of eleven or at any time being lessc then seven, 
provided also that the persons nominated or associated from 
[376] time to time to fill up || the said number be ministers of 
the gospell inhabiting within this Colonic and above the age of 
fortie years) or the major part of them the said James Noyes, 
Israel Chancie, Thomas Buckingham, Abraham Pierson, Sam'' 
Mather, Timotbie Woodbridge, James Pierpoint, Sam" Andrew, 
Joseph Webb, and M'" Noadiah Russell, undertakers, and of 
such persons so chosen and associated as abovesaid, at any 
time hereafter, have and shall have henceforth the oversight, 
full and compleat right, liberty, power and priviledge, to fur- 
nish, direct, manage, order, improve and incourage from time 
to time and in all times hereafter the said collegiate school so 
erected and formed by them, in such wayes, orders and manor, 
and by such persons, rector, master and officers appointed by 
them, as shall according to their best discretion be most con- 
ducible to attein the aforementioned end thereof. 

And moreover, it is ordered and enacted by the authority 
aforesaid: That the said James Noyes, Israel Chancie, Thomas 
Buckingham, Abraham Pierson, Sam" Mather, Timothie 
Woodbridge, James Pierpoint, Sam" Andrew, Joseph Webb 



1701.] OP CONNECTICUT. 365 

and Noadiah Eussell, undertakers, trustees, or partners, and 
the said persons taken from time to time into partnership, or 
associated as aforesaid with themselves, shall have and recieve 
(and it is hereby given and granted unto them) the full and 
just sume of one hundred and twenty pounds in countrey pay 
to be paid annually and at all times hereafter (untill this Court 
order otherwise) to them and to such person or persons onely 
as they shall appoint and impower to recieve the same, to be 
faithfully disposed of by the said trustees, partners or under- 
takers, for the end aforesaid, according to their discretion ; 
which said sume shall be raised and paid in such wayes and 
manners, and at such a valine as the countrey rates of this 
Colonic are and have been usually raised and paid. 

It is also further enacted by the authority aforesaid : That the 
said undertakers, and partners, and their successors be and 
hereby are further impowered to have, accept, acquire, pur- 
chase or otherwise lawfully enter upon, any lands, tenements 
and hereditam^s to the use of the said school, not exceeding 
the valine of five hundred pounds p"" annu, and any goods, 
chattells, sume or sumes of money whatsoever as have hereto- 
fore already been granted, bestowed, bequeathed, or given, or 
as from time to time shall be freely given, bequeathed, devised 
or settled by any person or persons whatsoever upon and to and 
for the use of the said school towards the founding, erecting or 
endowing the same, and to sue for, recover and recieve all such 
gifts, legacies, bequests, annuities, rents, issues and profitts 
arising therefrom, and to imploy the same accordingly ; and out 
of the estate, revenues, rents, profitts and incomes accruing 
and belonging to said school to support and pay, as the said 
undertakers shall aggree and see cause, the said rector or mas- 
ter, tutors, ushers or other officers, their respective annuall 
salleries or allowances ; as also for the incouragement of the 
students to grant degrees or licences as they or those deputed 
by them shall see cause to order and appoint. 

[377] George Pardie complaining to this Court that the fare 
stated by lawe for the ferry at Newhaven is not a meet recom- 
pence, this Court doe order that for the future Newhaven ferry 
shall be allowed four pence in money or sixe pence in pay for 



366 PUBLIC RECOEDS [Oct. 

a man, his horse and his load once ferried, and all other fer- 
rige there as the lawe hath already provided. And it is hereby 
provided that he shall attend the ferry in the winter as there 
shall be occasion at Dragon Point at the same price when the 
stated ferry is not passable by reason of ice. 

A question arising what is meant by a horse and his load in 
the law title Ferries, it is resolved by this Assembly the mean- 
ing is all persons and what else a horse shall bring to the ferry 
at one time. 

The inhabitants of Windham and Lebanon having aggreed 
upon a dividing line between their two townes as appears by 
their agreement bearing date September the 23, 1701, this 
Assembly confirmes the line mentioned and described in the 
said aggreement, to be and forever remain to be the dividing 
line between the aforesaid towns. The aggreement follows : 

Whereas there hath been some kind of difference between 
the towns of Windham and Lebanon as to their divident line, 
we whose names are hereunto subscribed being the comittees 
of each towne abovenamed to aggree and fully state the bounds 
between the aforesaid towns, (viz^) to beginne at a white oak 
tree marked with the letter L, about eighty rods south from 
the mouth of Hoop River, about twelve rods west from Willi- 
mantuck River, and then to run a strait line to a white oak 
tree which is the northeast corner bounds of a tract of land 
bought by Deacon Dewie, and M"" William Gierke of Lebanon 
of M«" Buckingham and Lieu*^ Clerk of Saybrook, the tree 
marked with I. D. and W. C. and so the line to run the same 
course to Norwich town bounds, and so the priviledges of the 
land on the northward side of the abovesaid line, shall forever 
hereafter belong to Windham, and the priviledges of the land 
on the southward side of the abovesaid line shall forever here- 
after belong to Lebanon, and that this abovewritten agrement 
is to be obliging to the inhabitants and proprietors of each of 
our townes, our heirs and assignes forever, for whome we are 
concerned, and by whome we are fully impowered to agree and 
get the Generall Courts sanction to this our agreement. In 
witnesse whereof we have hereunto sett our hands this 23 ^^ 
day of September, 1701. Joshua Riplye, 

Jonatli. Crane, 
John Backus, 
Edward Collver, 
Samuell Huntington, 
Jeremiah Fitch. 



1701.] OF CONNECTICUT. 367 

This Assembly doth rattifie and confirme the agreement of 
the town of Windham concerning dividing their towne for 
bearing the charges of maintaining two societies. The agree- 
ment is in the words following, viz' : 

At a town meeting in Windham, January 30' i^, 1700, 
Voated, granted and agreed on, with respect to the dividing 
of the town, that we will begin at a pine tree that is on the 
right hand of the path as we goe to the north end of the town, 
the northermost tree that is to the northward of the long- 
[378] meadow, and so to run a due west line || to Williman- 
tuck River, and from said pine tree a line either northerly or 
easterly so as to divide the town land equally, halfe the 48 
homelotts now laid out to belong to the south end of the town 
and the other to the north end of the towne, the dividing line 
to alter no mans proprietye of land now laid out. And with 
respect to the cedar swamps, there is to be free liberty to all 
proprietors to gett cedar as they see cause, so as not to carry 
it out of the town to other townes. The land that is to be 
divided is between the two west lines, as the town formerly 
agreed on should be the bounds of the town. 

Compared with the town record. May the first, 1701. 

p"" Joshua Riply, Cler. 

Liberty and full power is by this Assembly granted to the 
Hon'''^ Deputy Governour Colon" Robert Treat, and to Capt" 
Ebenezer Johnson, and to the Reverend M"" John James, to 
take up their respective grants of land, granted by this Assem- 
bly, in the countrey lands adioyning to Stratford north bounds. 

Liberty and full power is by this Assembly granted to Capt. 
Stephen Bradley of Gilford to make sale of a certain house and 
about eighteen acres of land which his son Stephen Bradley 
died possessed of, to purchase for the children of his said sonne 
other lands that may be more advantageous to them when they 
come of age ; proceeding therein with the consent and approba- 
tion of the widdow and relict of his said deceased sone ; he 
informing this Assembly that the building is likely to be much 
impaired and that the said house and land was never legally 
conveyed to his said son but stands recorded to himselfe. 

Whereas the Reverend Mf Samuel Whiting and Ensign 
Jonathan Crane have made a purchase of a part of the lands 
settled on Abimeleck by this Court, this Court upon their 
application and for a further rattification and confirmation, 



368 PUBLIC RECORDS [Oct. 

see cause to grant to them a pattent for their purchase, at 
their cost and charge, signed and sealed by the Governour and 
Secretary, as the law provides in such cases. 

Whereas this Assembly in May last did desire and appoint 
M"" John Hains, M"" Richard Lord, Capt" Cyprian Nickels, M"" 
John Elliott, and Ensign Thomas Bunco to be a comittee to 
inspect the differences between M^ John Allin, and his brother 
Capt" Mathew Allin, referring to the distribution of the estate 
of their father Capt" Thomas Allin late of Windzor dec^, and 
to make return to this Court at their present sessions, and 
the said comittee returning that the said John Allin in their 
apprehensions is damified to the surae of thirtie pounds by the 
said distribution, and the said John and Mathew having agreed 
to leave the matters in contest between them to referrence : this 
Assembly doth see cause to suspend a further consideration of 
the matter at present, and doe order that if the said proposition 
of an issue by referrence should fail, then all the parties con- 
cerned in the said distribution shall appear at the Generall 
Assembly to be holden at Hartford in May next, at which time 
this Assembly will take the said distribution into further con- 
sideration and indevour an issue of all contest concerning that 
matter. 

This Assembly allowes to John Parker atturney for the town 
of Saybrook, eleven shillings in pay and four shillings and sixe 
[379] pence in cash || for cost of attendance a[t] this Assem- 
bly to answer M"" Daniel Brainard, Thomas Clerk, Joseph 
Arnold and James Wells, agents for the proprietors in the un- 
divided lands on the west side of Connecticutt River in the 
township of Haddum. 

Voted and ordered by the Deputy Govern'' and Councill, that 
a writt be issued forth by the Secretary requiring May Fitch 
to appear before the Gen^^ Assembly in May next to answer the 
complaint coihenced against him by John Gallop for malead- 
ministration. 

Full power is by this Assembly granted to the Rever'i M*" 
Israel Chancie, M^ Samuel Sherman, and Samuel Stiles, exec- 
utors of the estate of John Sherwood of Stratford dec'', to sell 
so much of the said John Slierwoods lands, as may be needful! 



1701.] OF CONNECTICUT. 869 

for the procuring of money to defray the charge of curing his 
sone Thomas Sherwood who is lame. 

Liberty and full power is by this Assembly granted to Lydia 
Dickison of Stratford, widdow and relict of Thomas Dickison 
dec^, with the advice and consent of M^ Joseph Curtis, and M"^ 
Nathanii Sherman, both of Stratford aforesaid, to sell so much 
of her deceased husbands lands, as will with the produce there- 
of, clear that purchase of land for which the said Thomas Dick- 
ison was obliged to clear other lands, but lived not to doe it. 

The return of the comittee appointed by this Assembly in 
May last to state the bounds of the lands belonging to the chil- 
dren of Beniamin and Jane Wright is in the words following, 
viz' : 
To the Hon^d Generall Court, 

In observance to your Hon''s appointment we have once and 
again been upon the difficulties and controversyes between 
James and Joseph Wright, and although we humbly concieve 
that our return unto the Court and their acceptance had been 
sufficient to [have] freed us from any further trouble in that 
matter, there was also a mutuall aggreement between the afore- 
said bretheren, which hath very much barred our farther pro- 
ceeding because it is long since, and we could not come at the 
originall, however at length we gained a sight of a copie that 
James Wright had written with his owne hand. After much 
time and labour spent, to have gained the brethren to compli- 
ance but all in vain, wherefore we did so farre as we could 
come at the aggreement, state them down accordingly which 
is as followeth ; from the sea northward unto a chestnutt tree 
marked on 2 sides, to witt north and south, they are bounded 
by the dividing line between the towns of Saybrook and Kenel- 
worth, and from said chestnutt tree somewhat more westerly 
unto another chestnutt tree forked marked on three sides, to 
witt east and west and south, about twentie rod or some more 
westwards of the bridge. We also considered the case of the 
old farme, and saw no cause or reason to make any alteration 
of the antient boundaries, save in that forasmuch as the bound- 
aries in the meadow were not to be found we took the line of 
the upland eastward, and according to our best judgment ex- 
tended it through the meadow in a parralel line with that upon 
the upland unto the river. As to those lands that are north- 
ward of the north end of the old farme unto the countrie road, 
that goes from Kenelworth to Saybrook, Joseph is to have all 
the meadow with a litle island or islands, excepting a litle 
47 



870 PUBLIC RECORDS [Oct. 

sporig by the river next the bridge, bounded south by the line 
of the old farme, as it is now stated, and easterly and northerly 
upon Manunckateseck River, westerly by the upland that is 
[380] now II stated to James Wright, with egresse and regresse 
to said meadowe through the upland of said James Wright 
without any molestation. James Wright is to have all the 
upland northward of the north end of the old farme unto the 
boundaries above with a litle spong of meadow by the river 
side next the bridge, bounded easterly and northerly by the 
meadow now stated to Joseph Wright and by Manuncketeset 
River south, upon the line of the old farme westerly to the 
countrey road, free liberty being reserved for Joseph to passe 
and repasse to his meadowe, which is all that we found our- 
selves capable of, and although it found not that acceptance 
with the brethren as we could have reioyced in, yet we hope 
and trust the Hon^d Court will not lay their comand upon us 
any more in this businesse, especially unlesse some expedient 
be thought upon for our recompence for our former trouble. 
As to take any further security about debts, we humbly referre 
all parties that are or may be concerned to our first return to 
the Hon^d Generall Cdurt. Henerie Crane, 

June 17th, 1701. John Chapman, 

Josiah Rossiter. 

The return above written is accepted and approved by this 
Assembly, and confirmed to be a finall issue of all controversies 
between James and Joseph Wright, children of Beniamin and 
Jane Wright, about the boundaries of their lands therein men- 
tioned, and it is ordered to be recorded. 

M"" John Gallop, atturney for John Fellows, Ebenezer Har- 
ris and John Gallop jun^, acknowledgeth himselfe bound in a 
recognizance of five hundred pounds to the publick treasury 
of this Colonic to prosecute his complaint against Maj"" James 
Fitch at the Generall Assembly in May next, and answer all 
damages if he make not his plea good. 



[381] Att a Generall Assembly holden at Hartford, 
May 14th, 1702, and continued to the 26' day 

OF THE SAME BIONTH. 

Att this Assembly Maj'' Gen^ Fitz John Winthrop was 
chosen Governr, and Colon'' Robert Treat, Esq"" was chosen 
Deputy Govern f. 



1702.] OP CONNECTICUT. 371 

Assistants chosen tvere : 

Capt. Andrew Leet, Capt. John Hamlin, 

Majf James Fitch, Capt. Nathan Gold, 

Capt. Samuel Mason, William Pitkin Esq"", 

Capt. Daniel Wetherell, Joseph Curtis Esq"", 

Nathaniel Stanley Esq"", Capt. John Chester, 

Maj"" Moses Mansfield, Josiah Rossiter Esq"^. 

Present at this Assembly : 
May Gen-"" Fitz John Winthrop Govern"-, 
Colon" Robert Treat, Deputy Govern^ 

Assistants present : 
May James Fitch, Capt. John Hamlin, 

Capt. Sam" Mason, William Pitkin Esq"", 

Capt. Daniel Wetherell, Joseph Curtis Esq"", 

Nathan' 1 Stanley Esq^, Capt. John Chester, 

May Moses Mansfield, Josiah Rossiter Esq"". 

Deputies present : 
For Hartford, M"" Thomas Hooker,* Capt. Aaron Cook. 
For New Haven, M"" Jeremiah Osborn, M"" John Allin. 
For Newlondo, M^ Nehem^ Smith. 
For Windzor, M^ John Woolcutt, M-" John EUiott.f 
For Fairfield, Lieut James Bennet, M"" Samuel Squire. 
For Milford, M"" Thomas Clerk, Ensign Joseph Peck. 
For Wethersfield, Capt. Thomas Wells, Lieui^ Joshua Robbing. 
For Preston, Ensign John Parks, M"- John Starkweather. 
For Norwich, Capt. Richard Bushnell, Lieut Solomon Tracie. 
For Norwalk, M^ Andrew Messenger. 
For Kenelworth, M^ Sam" Buell, M"- John Griswold. 
For Saybrook, M"" Nathan" Lynd, M"" Nathan" Chapman. 
For Danbury, Ensign Thomas Tayler, Serj' Josiah Starre. 
For Symsbury, M"" Daniel Addams, Ens. Samuel Ymphries. 
For Stratford, Lieu^ Thomas Knowls, M"" Nathan" Sherman. 
For Stanford, M-" Sam" Webb. 
For Windham, M"* Joshua Riphe, M"" Tho. Huntington. 

* " Appeared May 21." Civil Officers &c., I, 73. 
t Speaker. 



372 PUBLIC RECORDS May, 

For Haddum, M"" Daniel Brainard, Capt. Georg Gates. 

For Branford, M"" William Malbie, Capt. Eleazar Stent.* 

[382] For Wallingford, Ens. Nathan'^ Royse, M-" David Hall. 

For Glassenbury, Deaco Jonath. Smith, Lieu' Sam'' Hale. 

For Derby, Capt. Ebenezer Johnson. 

For Gilford, Lieii^ Abraham Fowler, Ensign Nathan" Stone. 

For Woodbury, M"" Sam" Jenner.f 

For Midltown, Capt. Nathan'' White, Lieu* William Sumner. 

For Lyme, Ensign Joseph Peck, Capt. William Eely. 

For Stoningto, M"" Manasseh Minor. 

For Farmingto, Capt. Tho. Hart, Ens. John Hart. 

For Waterbury, Lieu^ Tho. Jud. 

Acts passed in this Assembly. 

Imp". An Act for the better preventing of the spreading of 

Infectious Sicknesses. 

Whereas shipps and other vessells arriving within this Colo- 
nic from parts beyond the seas are oftentimes during their pas- 
sage visited with the small pox, and other infectious sicknesses, 
or come from places where such sicknesses are prevailing and 
epidemicall, bringing with them cotton wooll or other comodi- 
ties, in which the contagion is lyable to be conveyed, which has 
in time past proved to be of pernicious and fatall consequence, 
to the people inhabiting where such vessells have arrived, the 
masters or comanders of such shipps or vessells, not taking that 
due care as in such case they ought, to give information there- 
of, before they bring their shipps or vessells into harbour, and 
have landed their passengers or goods, 

For prevention of which mischief for future, and that this 
Colonic by the blessing of God may be preserved from the 
coming in and spreading of contagious mortall sicknesses : Be 
,it enacted by the Deputy Governour, Councill and Represent- 
atives, in Generall Court assembled, and by the authoritie of 
the same : That no master or comander of any ship or vessell 
arriving to any port or harbour within this Colonic, in which 
ship or vessell, any person, passenger or seaman upon their 
passage shall be visited with the small pox, or any other conta- 

* Clerk of the lower house. 

t " Mr. Andrew Messenger and Mr. Sam" Jenn"' departed the Court 26 May.' Civ. 
Off. &c., I, 73. 



1702.] OF CONNECTICUT. 378 

gious sicknesse, or shall come from any port or place where 
any such sicknesse is epidemicall and prevailing, may presume 
to sail or bring his ship or vessell within the space of halfe a 
mile nest unto any pear, wharfe, or landing place without 
licence first .had for so doing from the Governour or Comander 
in Chief of this Colonic for the time being, or from the two 
next Assistants or Justices of the peace (where such harbour 
doth not lie near the place of the Governours residence) nor 
shall permitt or suffer any of his passengers or seamen to be 
landed or brought on shore, or any person or persons to come 
on board without licence as aforesaid first had and obteined for 
the same, on pain that every master or comander of any ship or 
[383] other vessell offending against this act shall forfeit || the 
sume of twentie pounds, whereof one third part shall be unto 
him or them that shall complain and prosecute to effect, and 
the remainder to the treasury of the countie, wherein the 
offence shall be committed, to be recovered by action, bill, 
plaint or information in any of his Majesties courts of record 
in such countie, wherein no essoign, protection or wager of 
lawe shall be allowed. And to the intent that all masters or 
comanders of shipps or other vessells not belonging to this Col- 
onic may be duely informed of their duty by this act required, 
the collectors and navall officers in every town and port where 
such are, and where no such are such other person or persons 
as shall be nominated and appointed by the justices of the 
countie court are hereby comanded and enioyned to examine 
and enquire of the health of all shipps and other vessells arriving 
to the same, and to acquaint the masters or comanders thereof 
of the import of this act. 

And be it further enacted by the authority aforesaid : That 
if any passengers or seamen arriving in any ship or vessell vis- 
ited with the small pox, or other pestilentiall or infectious sick- 
nesses upon her voyage, or that shall come from such port or 
place where such distempers are epidemicall and prevailing, 
shall presume to come on shore before licence had as aforesaid, 
it shall and may be lawfull to and for any Assistant or justice 
of the peace to require or send such person or persons with 
their clothing and bedding on board such vessell again, or to 



374 PUBLIC RECORDS [May, 

confine them to such other place or places as such Assistant or 
justice shall judge most suitable for preventing of infection ; 
and all the costs and charges arising thereupon to be answered 
and paid by the passenger or seaman so offending as aforesaid, 
who also shall forfeit the sume of ten pounds to the use afore- 
said, and to be recovered in raaner as aforesaid. 

And further it is enacted by the authority aforesaid : That 
when and so often as it shall please God to visit any of our 
neighbour Provinces or Colonies or any town or plantation 
within this Colonic or elsewhere (from whence there is resort 
into neighbouring townes within this Colonic by land travail- 
ers) with pestilential or contagious sicknesse, it shall and may 
be lawfuU for the justices and select-men that are in the sever- 
all townes in this Colonic to provide and appoint one house in 
each of their respective townes which may be most suitable for 
the enterteinment of such who shall necessarily travail from 
such place, and the said justices and select-men are hereby 
required and authorized to give such orders respecting such 
travailers houses and the people of the town, as in their dis- 
cretion shall be thought fitt and needfull for the preventing of 
the spreading of such infection or contagion, and whosoever 
shall not conforme thereunto (the same being first published 
in the towne, or made known to such person or persons) shall 
forfeit for every offence against the same the suine of twentie 
shillings to the use beforementioned, to be recovered by bill, 
plaint or information before any Assistant or justice of the 
peace. 

An Act for preventing of undue Tradeing, and regulating the 

Entring and Clearing of Shipps and Vessells and other 

Dues thereunto apperteining. 

Be it enacted by the Deputy Governour, Councill and Rep- 
resentatives, in Generall Court assembled, and by the authority 
of the same: That the maritine townes and places hereafter 
named and no other shall be held, deemed, and adiudged to be 
Lawfull Ports within this Colonic, that is to say, Newlondon, 
Haybrook, Gilford, Newhaven, Milford, Stratford, Fairfield and 
Stanford ; att every of which aforesaid ports an office shall be 
[384] held and kept for the |1 entring and clearing of all ships 



1702.] OP CONNECTICUT. 375 

and other vessells trading to or from this Colonie, to be called 
and known by the name of the Navall Office, with such fees as 
have been accustomed ; and at one of the ports aforesaid and 
not elsewhere, all ships or other vessells trading to or from this 
Colonie shall lade and unlade all goods, comodities, wares and 
merchandizes whatsoever which they shall import or export. 

An Act in addition to the Lawe made Octob"" the lOt'', 1700, 
for the raising of money in the severall townes in this Colo- 
nie for the maintenance of a Schoole in each town after the 
rate of fortie shillings upon every thousand pounds in the 
respective lists of estates in each town, and to ensure the 
paym* thereof according to the true intent of the said Lawe, 
and for the discharge of the constables. 
It is ordered and enacted by the Deputy Governour, Coun- 
cill and Representatives, in Generall Court assembled, and by 
the authority of the same : That when the respective constables 
in the severall townes have levied the said sumes of fortie shil- 
lings upon the thousand pounds they shall deliver the same to 
the comittees for the school in such towns where comittees are, 
or in defect of such officers to the select men of the towne or 
their order : Provided the said coihittees or select-men will give 
them certificate under their hands of their receit of the said 
money and improvement thereof for the maintenance of schools 
in their townes respectively according as the said law directs, 
which the said comittees and select-men upon receit thereof are 
hereby required to doe, which certificate being shewn to the 
treasurer, shall be the constables discharge ; but in default of 
such certificate, the treasurer shall have full power to demand 
and receive the money of such constable or constables where 
such default shall be, and to compell him or them to make 
paymt thereof to him, as a debt due to the countrey treasurye. 

Whereas it is observed that some persons in this Colonie 
having purchased Negro or Malatta Servants or Slaves, after 
they have spent the principall part of their time and strength 
in their masters service, doe sett them at liberty, and the said 
slaves not being able to provide necessaries for themselves may 
become a charge and burthen to the towns where they have 
served : for prevention whereof. 



376 PUBLIC RECORDS. [May, 

It is ordered and enacted by this Court and the authority 
thereof: That every person in this Colonie that now is or here- 
after shall be owner of a negro or malatta servant or slave, and 
after some time of his or her being taken into imployment in 
his or her service, shall sett such servant or slave at liberty to 
provide for him or herselfe, if afterward such servant or slave 
shall come to want, every such servant shall be relieved at the 
onely cost and charge of the person in whose service he or she 
was last reteined or taken, and by whome sett at liberty, or at 
the onely cost and charge of his or her heirs, executors or ad- 
ministrators, any law, usage or custome to the contrary not- 
withstanding. 

Whereas the late act of the Generall Assembly in May, 1700, 
ordering the annual Nomination and Election of Justices in the 
severall Counties is found to be an occasion of Strife and De- 
bate in the severall Townes which had a liberty to nominate 
their Justice or Justices, 

. It is therefore ordered and enacted by this Court : That the 
[385] said act be repealed, || and it is hereby repealed and 
made void : and it is further enacted by the authority afore- 
said, that the judges for the countie courts and justices for the 
respective counties shall for the future be annually appointed 
by the Generall Court, any former lawe, usage or custome to 
the contrary notwithstanding. 

It is ordered and enacted by this Court and the authority 
thereof : That the five Assistants in the counties of Newhaven 
and Fairfield shall hold the Court of Assistants in October next, 
they or any three of them to be a quorum, the eldest Assistant 
present to preside in the said Court ; who shall have full power 
to hear and determine all matters and things which by lawe 
are cognizable in the Court of Assistants. 

It is ordered and enacted by this Court and the authority 
thereof: That the Kings Proclamation for the prevention of 
Irreligion and Profanenesse shall be read publickly by the min- 
isters in their respective congregations in this Colonie at the 
least four times in the year, viz. once every quarter of the year. 

To the intent that his Majesties subiects in this Colonie may 
have relief against any iniury or wrong done to them, by the 



1702.] OP CONNECTICUT. 377 

male-administration of any inferiour court of judicature, assist- 
ant or justice of the peace, by denying to them such riglits and 
priviledges as are their just riglit and due by lawe, or otlier- 
wise oppressing them under colour and pretence of lawe. 

It is enacted and ordeined by this Caurt, and by the authority 
of the same : That all persons aggrieved by such male-adminis 
tration, shall have free liberty to make their application to the 
Govern"" in Councill, and to declare the cause and ground of 
their aggrievance ; and that it shall be in the power of the Gov- 
ernour with the advice of his Councill, to order a writt to issue 
forth in his Majesties name directed to the sherriffof the coun- 
tie where the male-administration is comitted, or his deputy, 
to be served fourteen dayes before the courts sitting, to cite the 
person or persons accused of such male-administration to ap- 
pear before the next Generall Assembly to answer what shall 
be obiected against him or them concerning the premises ; the 
partie complaining giving sufficient bond to such vallue as the 
Govern'' shall appoint to prosecute his complaint to effect, and 
to answer all damages to the person or persons cited if his com- 
plaint shall appear to be causelesse and uniust. 

It is ordered and enacted by this Court: That all Assistants, 
justices of the peace, surgeons, physitians, and schoolmasters, 
shall be rated in the ministers rate as other persons in the re- 
spective townes and societies to which they belong, any law or 
custome to the contrary notwithstanding. 

Capt" Nathan Gold is by this Court appointed Judge of the 
Countie Court and Court of Probates in the Countie of Fair- 
field. 

Will Pitkin Esq"" is by this Court appointed Judge of the 
Countie Court and Court of Probates in the Countie of Hart- 
ford. 

Majr Moses Mansfield is by this Court appointed Judge of 
the Countie Court and Court of Probates in the Countie of 
Newhaven. 

Capt. Dan'^ Wetherell is by this Court appointed Judge of 
the Countie Court and Court of Probates in the Countie of 
New London. 

48 



"378 . PUBLIC RECORDS [May, 

Justices appointed for the Countie of Hartford. 
Justices of the Peace and Quoru are : 
Mr John Haines, M^ John Elliott, 

M"" Thomas Hooker, Capt. Thomas Hart, 

M"" Henerie Woolcutt, M^ John Hooker, 

Justices of the Peace are : 
Lieu* James Treat, M"" Joshua Riplie, 

Capt. Robert Wells, Capt. George Gates, 

Mf John More, Eleazar Kimberly, 

Capt. Nathan'i White, Lieu"^ Thomas Jud. 

Capt. John Higlye, 
[386] Justices appointed for the Countie of Newhaven. 
Justices of the Peace and Quorum are : 
Capt. Ebenezer Johnson, M"" William Malbie, 

M"^ Jeremiah Osborn, Capt. Eleazar Stent, 

Mr John Allin, M"" Tho. Clerk. 

Justices of the Peace are : 
Mr Joseph Treat, M"- John Hall. 

Capt. Samuel Eels, 

Justices appointed for the Countie of Fairfield. 
Justices of the Peace and Quorum are : 
Capt. James Judson, Capt. Mathew Sherwood, 

Capt. Jonathan Sellick, Capt. James Olmstid, 

Lieu^ John Wakeman, 

Justices of the Peace are : 
Mr Sam^ Hoyt, Mr Jame Bebee, 

Mr John Sherman, Lieu* Sam'i Peck, 

Capt. John Minor, M"" Peter Burr. 

Justices appointed for the Countie of Newlondon. 
Justices of the Peace and Quoru are : 
Mr Nathanii Lynd, Mr Richard Cristophers, 

Mr Daniel Tayler, Mr Nehemiah Smith, 

Capt. William Eelye, 

Justices of the Peace are : 
Mr Nehemiah Palmer, Lieu* Henerie Crane, 

Mr John Tracie, Mr Jonath, Tracie. 

Capt. Richard Bushnell, 



1702.] OF CONNECTICUT. 379 

Ordered and enacted by this Assembly : That the Councill 
assigned to assist the Govern'', or in his absence the Deputy 
Govern'", in the intervale of the Gen'i Assembly shall consist 
of four Assistants at the least ; and that the Governour and in 
his absence the Deputy Governour with four of the Assistants 
convened in Councill shall have power in the intervales of the 
Generall Assembly to manage the affairs of the Colonic accord- 
ing to charter, they not to raise men to send out of the Colonic 
(unlesse in case of exigencie) nor to dispose of money. 

• This Assembly leaves it with the Govern'' and his Councill 
to appoint a day of fasting and prayer throughout this Colonie 
at such time as they shall judge meet. 

A bill drawn for a day of fasting and prayer was read and 
approved of by this Assembly. 

Ordered by this Assembly that a letter be sent to the Lord 
of Cornbury in the name of the Govern'" and Company, to con- 
gratulate his lordships happie arrivall in the citie of Newyork. 
[387] II A letter drawn to be sent to his lordship was read and 
approved in this Assembly. 

Capt. Nathan Gold and Capt. Aaron Cook were appointed to 
return the thanks of this Assembly to the Rever*' M"" Charls 
Chancie for his pains in preaching the election sermon. 

Capt. Aaron Cook, Lieut^ Abraham Fowler, M'' Peter Burr, 
Capt. William Eely, and M'^ John Alhn, or any four of them, 
are appointed Auditors to auditt the Colonie accounts and re- 
turn the account thereof to this Court in October next. 

Pursuant to the grants made by the Hon^ie Geni"'! Assembly 
sitting at Hartford in Octobr, 1698, unto John Winthrop Esq"". 
and M'' Gurdon Saltonstall, both of Newlondon, of two hun- 
dred acres of land to each of them, there was laid out by me 
John Prentis surveyor, the land which is, and was then bounded 
by me as followeth, viz. the north bounds is a line runing from 
a pine tree by the side of a pond, above M^ Sam'' Rogers' farme, 
comonly called Twentie-mile Pond, standing on the east side 
of said pond, due east two hundred and fortie rods to a great 
white oak marked on four sides (for a corner tree N E) which 
white oak is on the top of a long fair plain hill and fair in sight 
of a hollow, where there is a small swamp on the east of it ; and 
from thence (for the east bounds) a line which runes due south 
to a young chestnut tree on the east side of the litle pond, which 



380 PUBLIC RECORDS [May, 

chestnut tree stands within a rod of said pond under a clift of 
rocks, and is marked on four sides for a south-east corner; and 
from thence (for the south bounds) a line which runes due west 
two hundred and fortie rod to a large fair spreading white oak 
upon the brow of a hill with a plain on the top, which white oak 
is within ten rod of a fresh meadow with high rocks three or 
four in the midle of it, and bearing from the said tree about 
north northwest, which tree is marked on four sides for the 
southwest corner ; and from thence (for the west bounds) a 
line ruiiing north, by the west side of a small island in the 
aforesaid great pond and so north to the aforementioned pine 
tree on the east side of the s'^ great pond marked on four sides 
for the northwest corner, conteining four hundred acres more 
or lesse. This land was thus bounded and laid out to the 
abovesaid John Winthrop Esq"" and M"" Gurdon Saltonstall, as 
is above expressed, Feb^ '20^^, 169|. John Prentis, Survey. 

The Gener'i Assembly having considered the survey of the 
land above described laid out for the Hon^ie Fitz John Win- 
throp Esq"" and M"" Giirdon Saltonstall, conteining for each of 
them two hundred acres of land, doe approve thereof and doe 
grant that the gentlmen to whome the said land is laid out as 
is above exprest shall have and enioy the same to themselves 
and their heirs forever, provided it doe not interferre upon any 
former grant. 

Whereas our Hon'''^ Govern'', by reason of illnesse,hath been 
at extraordinary charge in his coming by water from Newlon- 
don to attend the Generall Assembly sitting in Hartford, this 
Assembly doth order that the piii esses crew shall be paid out 
of the Colonic treasury three shillings p^ day in currant pay for 
each man during the time of their attendance upon his Hon"" 
here at Hartford, and also after the same rate for three days in 
coming to Hartford and three days in returning home again to 
Newlondon. 

This Assembly doth adde fiftie five pounds, to what was for- 
merly granted for repairing the fort at Saybrook, to be paid out 
of the publick treasurie and to be improved in that work by the 
Governours order. An account thereof to be returned to this 
[388] Assembly how it is improved by some person || intrusted 
for that affair. 

This Assembly doth adde fortie five pounds to what was for- 
merly granted for repairing the fort at Newlondon, to be paid 



1702.] OF CONNECTICUT. 381 

out of the countrey treasiiiye, and to be improved for that end 
by the Govern" order. An account thereof to be returned to 
tliis Assembly by some person appointed by the Governour to 
take the care thereof. 

A Bill for officers and souldiers to comand and guard the 
Forts at Newlondon and Say brook was exhibited and past in 
this Assembly. The bill is in the words following, viz^ : 

A Bill for the better safeguard of his Majesties interest in 
this Colonic without any charge to the Colonic in time of peace, 
warre being every day expected. 

First, That Lieu' John Clerk of Saybrook being now imployed 
by the Govern^ in the reparation of that fort be removed from 
the foot company to comand in the fort, and that one third (or 
such other part as the Govern'' shall see meet) of the company 
in that towne be ordered to that service under the said Clerks 
comand. 

Secondly, That Capt. John Prentis, who is already in comis- 
sion for the fort at Newlondon, and by order of the Govern'' in 
the reparation of the same, be continued, and that one third 
(or such other part as the Govern^ shall see meet) of the com- 
panies of said town be ordered to that service under the said 
Prentis his comand. 

And in case that the abovenamed comanders will not accept 
the comand abovesaid without standing salleries, then it shall 
be in the power of^the Govern •■ to comissionate such other suit- 
able persons as will accept thereof upon those termes in time 
of peace. 

This Bill is past in both Houses with this proviso, viz. Pro- 
vided neither officers nor souldiers be under pay in time of 
peace. 

Ordered and enacted by the Deputy Govern'', Councill and 
Representatives, in Generall Court assembled, and by the au- 
thority of the same : That all persons inhabiting on the east 
side of the great river in the township of Hartford, shall pay 
their proportion with the rest of their neighbours, towards the 
maintenance of the ministrie there, any former lawe or usage 
to the contrary notwithstanding ; and that the inhabitants there 
shall have full power to choose meet persons to make such rates 



382 PUBLIC RECORDS [May, 

as from time to time shall be needfiill for tlie maintenance of 
the ministrie there, and also collectors to gather the same ; and 
that the bomids of the said societie are the great river west, 
Windzor north, Glassenbury bounds south, and to extend east- 
ward to the extent of Hartford bounds. Always provided, that 
the coinon lands on that side the river are not intended to be- 
long to that societie, neither are such persons as inhabit on the 
west side of the river having lands or estates on the east side 
included in said grants. 

[389] Lieu* Abraham Bradley and Ensign Nathaniel Stone 
in behalfe of the town of Gilford requesting this Assembly 
that their neighbours, at the east end of their township may be 
ordered to pay their ministers rates to the minister of Gilford 
untill they are capable of setting up and maintaining the wor- 
ship of God among themselves, notwithstanding a former liberty 
granted to them to pay such rates to the minister of Kenel- 
worth, their said neighbours not attending the order of this 
Assembly by which such liberty was granted to them : in an- 
swer whereunto, this Assembly doth now order, that provided 
those persons inhabiting at the east end of Gilford township 
shall annually pay to the minister of Ken el worth their minis- 
ters rate in proportion to the severall inhabitants of Kenelworth, 
to be assessed upon them according to their severall lists of per- 
sons and estates conteined in the countrey list, taking receits 
of the payment thereof from the collector of the ministers rate 
in Kenelworth, then the said inhabitants shall enioy the benefitt 
of the former order of the Generall Assembly and the liberty 
granted them thereby untill they have a minister among them- 
selves. But in case the said inhabitants shall not attend this 
order in paying to the minister of Kenelworth and taking receits 
as aforesaid, they shall then pay their ministers rate to the min- 
ister of Gilford in proportion with the rest of the inhabitants 
of Gilford, and the collectors of the ministers rate in Gilford 
shall have full power to collect the same. This order is to be 
published in Gilford to the intent that the persons concerned 
may conforme themselves accordingly. 

The town of Farmington labouring under great difficulties 
in referrence to the calling and settling of a minister among 



\ 



1702.] OP CONNECTICUT. 383 

them and other ecclesiasticall concernes, certain of the inhab- 
itants made their addresse to this Assembly praying advice and 
relief: in answer whereunto this Assembly doth order and 
direct them to seek councill and help from the reverend elders 
hereafter named, viz. the Rever'^ M"" Abraham Pierson, M^ 
James Noyes, M^ Tayler, M-" Noadiah Russell, M"" Sam" Rus- 
sell, and M"" Thomas Ruggles, or any five of them, whome this 
Assembly doth desire to be helpfull to them, and (unless the 
said inhabitants shall aggree among themselves to call and set- 
tle a minister) to nominate and appoint a minister for them. 
And in case the minister so nominated and appointed by the 
said reverf^ elders will undertake the worke,this Assembly doth 
hereby order that the said inhabitants of Farmington shall en- 
tertein him for one year, and also pay to him such sallerie as 
hath been usuall and customary among them. 

This Assembly being informed that great differences are 
arisen in the town of Farmington about the choice of town 
officers, to put an issue to such diiferences and that the affairs 
of the town may not suffer, this Assembly doth order that Mf" 
John Hooker, Sam" Gridley, John Wadsworth, Sam" Cowells, 
and Dan" Andross, shall be townsmen for this present year, 
and the said townsmen and all other officers that are chosen 
and sworn shall continue in their places for the terme afore- 
said and they are confirmed so to doe. 

Andrew Lester and Thomas Starre, both of Newlondon, 
complaining that they are damnified four pounds sixteen sliil- 
[390] lings and sixe pence cash || by Joseph Gustin a fellon 
making his escape out of Newlondon gaol through the insuffi- 
ciency of the s^ prison (although protested against before the 
fellon was coraitted) and praying they may have tlie abovesaid 
charges repaid : it is now ordered that the countie of Newlon- 
don doe pay out of their countie treasurie to said Andrew 
Lester and Thomas Star the abovementioned suiTie of four 
pounds sixteen shillings sixe pence cash. 

Mr Joseph Hall appearing in the behalfe of Windham, re- 
questing that they may be two townshipps, this Assembly 
grants their request upon these considerations, viz. that the 
north part of the town doe pay their arrears of rates to the 



384 PUBLIC RECORDS [May, 

town and minister, as also that they pay their ministers rate 
to the present ministrie at the south end of the town untill 
they have an able orthodox minister of the gospell called and 
settled amongst themselves; as also if their bounds already 
granted will allow of two townships. And the name of the 
town at the north end shall be fiansfield. The brand mark 
of their horses when ye town is divided to be ]VM. 

Ordered by this Assembly that the constable or constables 
of Fairfield and Stratford, or those to whome orders shall be 
sent annually for the paym' of the schools there, shall pay to 
the school master of Stratfield, so much as ariseth upon their 
part of the list at fortie shillings upon every thousand pounds, 
according to [the] late lawe for schools. 

This Court doe free and release the Hon'^'^ William Jones 
Esq"" late Deputy Govern'" from all future countrey rates, viz. 
from paym' of rates for his person and for his proper estate 
under his improvement. 

Return of the coinittee appointed to rune the dividing line 
between the towns of New London and Preston. 

To the Hon^'e Gen^' Assembly of the Colonic of Connecticutt 
convened at Hartford May 14th, 1702. 

Whereas this Hon'^'e Gen^i Assembly at their sessions May 
the 8"% 1701, upon the desire of the inhabitants of the town of 
Preston did order and appoint Capt. Richard Bushnell, M"" 
Nehema Palmer and Serj' Caleb Stanley, or any two of them 
to run the dividing line between the said town of Preston and 
the town of Newlondon, 

Pursuant whereto we the subscribers (having given notice 
to the selectmen of both the said towns of Preston and New- 
london) did on the 26' and 27"i days of March, 1702, (being 
accompained with the select-men of Preston and divers other 
inhabitants of the said Preston, and M"" John Morgan of New- 
london) attend upon the said worke and did carry the said 
[391] line and run the same || from Norwich southeast corner 
tree by Thomas Roses house to Stonington bounds, the which 
said line runnes about sixe foot southward of said Thomas 
Roses present dwelling house, and (as we judge) upward of 
thirtie rods southward of Ensign John Parks his dwelling- 
house, and crossed the northeast corner of M"" Robert Parks 
his dwelling house, and in the said line we marked divers trees ; 
all which we humbly report with submission to this Honi^'e 
Gen" Assembly, and subscribe Richard Bushnell, 

Caleb Stanley. 



1702.] OF CONNECTICUT. 385 

Note also, that at the east end of the line we run as above 
expressed, where we lei't riining the same, we marked a black 
oak tree on the Avest side with the letter P, and marked the * 
same also on the north side, which said tree stands on the west 
side of a hill and as we supposed on the west side of Stonington 
bounds. 

The above return of the runing the line between the townes 
of Newlondon and Preston is accepted and ordered to be re- 
corded. 

This Assembly doth grant that the bounds of the township 
of Danbury shall extend eight miles from north to south, and 
sixe miles from cast to west, according to a survey or plott 
thereof drawn by John Plott sen"" and Samuel Hayse sen"", ex- 
hibited in Court, bearing date Feb'' 14"', 169f, which this 
Court orders to be recorded. The said survey is recorded in 
Book D.* 

This Assembly doth order that a pattent for the township of 
Danbury shall be granted to the severall persons hereafter 
named and intended, as pattentees, to be signed by the Gov- 
ernour or Deputy Governour and the Secretary, with the seal 
of the Colonic affixed. The names of the pattentees are, 
James Bebee, Thomas Tayler, Sam'' Benedick, James Bene- 
dick, John Hoyt senr, Josiah Starre, and the rest of the pro- 
prietors of the township of Danbury. 

This Assembly doth free the town of Danbury from paying 
countrey rates this present year, they paying their deputies 
sallerie and all other publick charges amongst themselves, and 
they making a sufficient cartway from their town and through 
their bounds and the countrey lands, for transportation of 
what they raise to the sea. 

Vpon the motion of Maj'' James Fitch, this Assembly doth 
appoint Lieut^ Nathan" Chesborough, John Richards and En- 
sign Jonath. Crane, to view the township of Plainfield, and to 
advise the inhabitants to the most convenient place for erect- 
ing their meeting-house. 

Lieu'^ John Mason is by this Assembly appointed Captain of 
the trainband in Lebanon, Ensign Jeremiah Fitch to be their 

* Recorded with the patent of the town in Col. Rec. of Deeds, Patents. &c., II, 
285-7. 

• 49 



386 PUBLIC RECORDS [May, 

Lieu*, and M"" Joseph Bradford to be their Ensign, and to be 
comissionated accordingly. 

Serjt Joseph Peck is by this Assembly appointed Ensign of 
the second trainband in Milford, and to be comissioned &c. 

Lieu' John Clerk is appointed Capt. of the fort at Saybrook, 
[392] and Capt. John Prentiss || Captain of the fort at New- 
london. 

The inhabitants of the town of Haddum upon the west side 
of the great river petitioned this Assembly to appoint a comit- 
tee to measure ten miles from the sea through the township of 
Saybrook upon a north line, to find out the north bounds of 
Saybrook and south bounds of Haddii.* 

This Assembly having considered the pleas of Daniel Brain- 
ard, Thomas Clerk, Joseph Braynard, and John Wells, who 
appeared in the behalf of the town of Haddum to prosecute 
the said petition, and the replies of M"" John Parker jun"" in 
behalfe of the town of Saybrook, doe not see cause to grant 
their petition, judging the bound between them and Saybrook 
to be already settled by former comittees, and therefore adiudge 
J to pay costs to M"" Parker for his attendance at this Assembly. 

Abraham Bradley of Gilford complaining to this Assembly 
that he is aggrieved with the act of the countie court holden 
at Newhaven Aprill the 21st, 1702, whereby he was denied an 
appeal from the judgm' of the said court, which he apprehended 
to be iniurious to himselfe and Aaron Leming a fatherlesse 
child comitted to his custodie and care : this Assembly having 
considered his complaint, doe order that he the said Brp,dley 
shall have the benefitt of an appeal from the said judgment to 
the Court of Assistants to be holden at Newhaven in October 
next, he giving bond to prosecute his appeal to effect, and to 
answer all damages if he make not his plea good. 

This Assembly granteth full power to Marie Bevin of the 
town of Glassenbury, widdow and relict of Arthur Bevin late 
of the said town dec^, and administrator to his estate, and to 
John Bevin son of the said Arthur and joynt administrator 
with the said Marie, with the approbation of Capt. Nathan' ^ 
White of Midltown and Lieu' Sam" Hale of Glassenbury, to 

* A part of the petition is preserved in Towns and Lands, II, 87. 



1702.] OP CONNECTICUT. 387 

sell so much of the lands of her deceased husband as shall be 
judged needfuU to be sold, for the payment of his just debts, 
tliere not being a sufficiencie of personall estate to doe it. 

This Assembly having heard the petition and complaint of 
Mf William Hoadlie of Branford, wherein he prayes for relief 
in a case wherein he doth apprehend himselfe wronged by M"" 
Richard Blackleech of Stratford, his serving an execution upon 
him by virtue of a judgm* of the countie court holden at Fair- 
field, from which judgment said Hoadlye did appeal to the 
Court of Assistants, but by an agreement with M"" Blackleech, 
as appears by a record of the Court of Assistants bearing date 
May the 8ti>, 1699, M"" Blackleech did release M"- Hoadlye from 
the said judgm' of Fairfield countie court, and thereupon M"" 
Hoadlie did let fall his said appeal, both parties having aggred 
to referre all matters depending between them, to arbitration ; 
which design of issue by arbitration failing, M^ Blackleech took 
out execution upon the said judgm^ of Fairfield court. After 
consideration of the premises, this Assembly doth now order that 
M"" Hoadlye shall have free liberty to revive and prosecute his 
appeal from the said judgm' of Fairfield countie court, at the next 
[393] Court of Assistants, he giving a bond of fiftie || pounds 
for prosecution, and giving sufficient warning to M'' Blackleech. 
It is also ordered that M'' Blackleech may have liberty to revive 
his appeal from a judgment obteined against him by said Hoad- 
lye at Newhaven, in an action respecting moneys due upon the 
sale of a briganteen sold by them and their partners, M"" Black- 
leech giving like bond for prosecution. 

Complaint being made to this Assembly by Joseph Seldin 
that Capt. Daniel Wetherell, M^" Richard Cristophers, and 
M'' Nehemiah Smith, members of the countie court of New- 
london, did denye said Seldin an appeal from a judgm* of the 
said court to the court of assistants, this Assembly doth declare, 
that they doe not judge those gentlmen liable to answer said 
Seldin by virtue of the citation whereby they are now sumoned. 

Ordered that Joseph Seldin of Lyme shall have liberty to 
appeal from the judgment of a speciall countie court held at 
Newlondon Feb"" 3^, 170|, wherein himselfe is plaintiff, and 
Joseph Beckwith and Susanna his wife, and Edward De Wolfe 



388 PUBLIC RECORDS [May, 

defcndt^^ unto the court of Assistants to be holden at Newha- 
ven in Octobr next, provided he give a bond to the valine of 
fiftie pounds for prosecution of his said appeal, and doe legally 
sumon the adverse partie to attend said court. It is also 
ordered by this Assembly that ther estate of said Seldin taken 
by execution shall be returned to him ; what is in land shall be 
returned the same, and what is in other estate, the same shall 
be returned or the valine thereof. 

Whereas judgment was had against M"" Henerie Woolcutt 
for costs at Newhaven, upon complaint on a penall lawe made 
by said Woolcutt: ordered by this Assembly that a supersedeas 
of any execution upon said judgment be granted, he giving 
bond sufficient to prosecute his case at the next court of assist- 
ants. M"" Henerie Woolcutt doth acknowledge himselfe bound 
in a recognizance of ten pounds currant silver money to pros- 
ecute his review to effect and to answer all damages if he make 
not his plea good. 

Complaint being made by Capt. Stephen Bradley (as attur- 
ney atturney for his sonne Abraham) of Maj"" Moses Mansfield 
for denying him the said Bradley an appeal from the countie 
court at Newhaven to the court of assistants ; this Assembly 
doth declare it to be their opinion, that Majr Moses Mansfield 
is not liable to answer the writt whereby he is sumoned to this 
court to this complaint. 

Capt. Cyprian Nichols petitioned this Assembly that he may 
be repossessed of three liundred acres of land lying on the east 
side of the great river in the township of Hartford, which M"" 
Thomas Hooker is possessed of. This petition is not granted 
by this Assembly, and costs of attendance at this court upon 
the citation of Capt. Nichols is allowed to M"" Hooker by the 
Upper House at fifteen shillings pay and eight pence cash. 

Exeevtion granted July IT"", 1711. 

This Assembly grants to M"" Joseph Buil a review of his case, 
wherein he was fined 10"% at the court of assistants next ensu- 
ing, provided he give bond to the valine of twentie pounds for 
his prosecution at said court. 

Whereas this Assembly granted to M"" Joseph Bull a review 
from the judgment of the court of assistants in May last, to the 



1702.] OF CONNECTICUT. 889 

next court of assistants, the said judgment being passed upon 
him for charging Nathaniel Stanley Esq ■", judge of the countie 
court in Hartford countie, with partialitie in his administra- 
tions ; this Assembly doth judge it very requisite, all circum- 
stances considered, that this review should be prosecuted to 
effect sometime during the sitting of the court of assistants 
now depending by adiournment. 

M'' Joseph Bull presenting a humble submission and ac- 
knowledgm* of his error in his s'' charge, the Upper House re- 
mitted one halfe of his fine and suspended the remaind'' till 
further order. 

[394] Vpon the motion of Milford Deputies in behalfe of 
their town, this Assembly doth give liberty to the inhabitants 
of the town of Milford to purchase lands at Wiantanock of the 
Indians, so much as may be sufficient for a plantation ; always 
provided they doe not intrench upon any former grant to any 
person, or any former purchase, and also make return thereof 
to this Court in order to their receiving such directions as this 
Court shall judge fitt for their settlment thereof. 

¥"■ Nathan! ' Sherman of Stratford and Serj' John Mitchell 
of Woodbury are appointed by this Assembly to be a comittee 
to lay out a grant of land formerly granted to M^ Giles Ham- 
lin Esq"" by this Court. 

The same comittee is hereby impowered to lay out to the 
heirs of M"" Nathan" Collins deceased, a grant of land from this 
Court to the abovesaid M'" Nathan" Collins, according to grant. 

Ensign John Park and M"" Manasseh Minor are appointed 
by this Assembly to lay out to Serjt John Frink of Stonington 
two hundred acres of land formerly granted to him. 

Complaint being made in this Assembly that the Rever'^ M^ 
Hobart minister of the gospell in the town of Haddum, hath 
not his dues paid covenanted for, whereby he is reduced to 
great wants and difficulties : this Court doe therefore order 
that the select-men of the town of Haddum, doe take speedy 
care that the collector or collectors of the ministers rates there 
doe forthwith collect all arrears of rates due to said M^ Hobart, 
viz. of the fiftie pounds, upon such penaltie as the law provides 
in such case. 



390 PUBLIC RECORDS [May, 

This Assembly grants to Capt. Caleb Stanley freedome from 
paym' of rates for his person, and also exemption from other 
personall service or duty for the future, which the law might 
require of him in his private capacity, he being afflicted with 
lamenesse and inability to attend the same. 

This Assembly grants liberty to M"" William Malbie to buy 
four acres of land (and no more) of Jeofferie, an Indian be- 
longing to Branford, which four acres of land is within Bran- 
ford comon field, at a place called Indian Neck. 

Lieu' Aspinall and Lieu' John Chandler are by this Court 
appointed a comittee to lay out three hundred acres of land to 
Isaac Wheeler, according to a grant recorded to him in book D, 
fol. 214. 

This Assembly doth impower the Rever*^ Mi" Israel Chancie 
and Ml" Samuel Sherman to bind out Thomas Sherwood of the 
town of Stratford, being a fatherless child, an apprentice to a 
good master to learn a trade that may be for his benefitt, to 
live with and serve such master till he is twentie one year of 
age. 

[395] Upon the recomendation of the Rever'i M>" Sam'i Ma- 
ther, Mr Thomas Hooker and M^ John Fisk, this Assembly 
doth licence M"" Sam^i Mather junr of the town of Windzor to 
be a practitioner in phisick in this Colonic. 

This Assembly frees Charls Williams of Saybrook from train- 
ing, he being chief workman in the iron works there and living 
sixe or seven miles from town. This freedom to continue 
during the time lie shall be imployed in the service abovesaid. 

Tumasett, an Indian, complaining that he lent two gufies in 
the service to Albanie, which gufies were lost in that service, 
and desiring a meet recompence for them ; this Assembly doth 
order and appoint Capt. Jn" Minor and Capt. Ebenz"" Johnson 
to make inquirie into that matter, and if they doe find that 
said Indian hath been damnified in that respect, that then they 
doe agree with him as they can, and allow him a bill for pay- 
ment out of the Colonic treasurye. 

Ordered by this Assembly, that the ferryman or ferrymen 
that doe or shall attend at Hartford rivulett to transport per- 
sons over shall be allowed for their pains twentie shillings out 



1702.] OF CONNECTICUT. B91 

of the pnblick treasurye for their ferrying over all the mem- 
bers of this Court during the present session. 

This Assembly allows unto M^ John Elliott thirtie shillings 
in pay for his good conduct as Speaker this present sessions ; 
to Capt. Eleazar Stent five shillings in pay for his Clerkshipp 
this present sessions more then he hath already received. 

This Assembly doth allow to Ephraim Turner constable, 
three shillings and sixe pence in pay p^ day for his attendance 
on the Court eleven days, he bearing his own charges. 

This Assembly allows to Lieu' Abraham Brownson nineteen 
shillings in pay for his attendance at this Court upon the cita- 
tion of M"" Mathew Griswold. 

Complaint being made in this Assembly by John Fellows, 
Ebenezer Harriss, and John Gallop jun"", against Maj^ James 
Fitch, for that when the said John Fellows, Ebenezer Harriss, 
and John Gallop had quietly entred upon a certain parcell of 
land in the plantation of Plainfield, and had cleared and sub- 
dued about eight acres and had a crop of English grain grow 
ing thereupon nigh to the harvest, the said May Fitch under 
a pretence of proceeding against them in a judiciall way for 
forcible entrie, did to the extreme wrong and iniury of the 
complainants force them off from the said land, not suffering 
them to inne the crop that was upon it, and also arresting and 
imprisoning them and extorting a considerable sume of money 
from them for their freedome. This Assembly having consid- 
ered the pleas and allegations of both parties, doe see sufficient 
cause to declare that according to what is presented, the said 
Majr Fitch hath not attended any due methods of lawe in his 
proceedings against the parties abovenamed, and that the par- 
ties iniured have not been found guiltie of any matter of mis- 
demean'' that might expose them to suffering of imprisonment 
or losse of goods, and that the method of proceeding against 
[396] II them by Maj'' Fitch hath been very erroneous and 
illegall, and that the said Maj'' Fitch ought to make good to 
them whatever losse they have susteined by his illegall and in- 
iurious dealing with them in the premises. 

Past in the Upper House, Test. E. Kimberly, Secy. 

The Lower House concurre with the Upper House in the 



892 PUBLIC RECORDS [May, 

last clause, viz. that the said Maj"" Fitch ought to make good 
to them wliatever damage they have susteined by his illegall 
and iuiurious dealing with them in the premises (if any such 
be, and that the said persons have the benefitt of the comon 
lawe.) Test. Eleazar Stent. 

Capt. Joseph Whiting of the town of Hartford making com- 
plaint in this Assembly upon the verdict of a jury given in at 
the court of assistants holden at Newhaven Octobr the 2'\ 
1702,* and the judgment of the said court thereupon in an ac- 
tion of trespasse commenced and prosecuted against the said 
Captain Whiting by Capt. Cyprian Nichols of the said town, 
for forcible en trie upon and deteiner of a parcell of land in the 
West Division in Hartford. This Assembly having considered 
the said complaint with the allegations of the said Capt. Whi- 
ting to prove the illegality of the said verdict and judgment, 
doe declare that they are of opinion that the verdict of the jury 
at the said court of assistants at Newhaven in October last, 
wherein Capt. Joseph Whiting was plaintiff upon appeal and 
Capt. Cyprian Nichols defend^, was not a legall verdict, they 
finding nothing of fact, and therefore the judgment of y^ court 
ought to be reversed, and that the contest between the parties 
abovesaid may have another hearing at the court of assistants 
in May next. 
For the preventing of Strife and Contention in the Trainbands 

in this Colonic about Superioritie, and for the promoting 
of Peace and Order. 

It is ordered and enacted by the Govern'', Councill and 
Representatives, in Generall Court assembled, and by the au- 
thority of the same : That the companye on the north of the 
rivulett in the township of Hartford, now under the comand 
of Capt. Aaron Cook shall be deemed and accounted the sen"" 
company in the said township, and that the companie on the 
south side of the said rivulett shall be accounted and reputed 
to be the second companye, and that the companie on the east 
side of the great river in the said township, now under the 
comand of Capt. Roger Pitkin, shall be accoimted the young- 
est company in the said township. 

* So in the record, but read 1701. Record Court of Assistants, 1, 130. 



1702.] OF CONNECTICUT. 393 

And it is also ordered by tlie authority aforesaid : That the 
companie or trainband on the south side of the rivulett in the 
township of Windzor, now under the comand of Capt. Mathew 
[397] II, AUin, shall be esteemed the first company in that 
township ; and that the company or trainband on the north side 
of the said rivulett, now under the comand of Capt. Abraham 
Phelps, shall be esteemed the second companie ; and that the 
trainband on the east side of the great river in the said town- 
ship of Windzor shall be esteemed and reputed the youngest 
company in that township. 

It is also ordered by the authoritye aforesaid : That the com- 
panie or trainband at the south part of the town of Wethers- 
field now under the comand of Capt. John Chester, shall be 
esteemed the first companie in the said town ; and that the com- 
panye at the north part of the said town now under the comand 
of Capt. Thomas Wells shall be esteemed the second companie 
in the said town. 

And it is also ordered : That the north companye in the 
towne of Midltown now under the comand of Capt. Nathan" 
White, shall be esteemed and reputed the first companie in the 
said town ; and the south companie or trainband in said town 
now under the comand of Capt. John Hall, shall be esteemed 
the second company in the said town, of Midltown. 

And it is ordered and enacted by this Assembly : That 
where there are divers trainbands in one town in this Colonic, 
be they more or lesse, they shall be esteemed but one post or 
companie in a geuerall muster, either in drawing up or leading 
into and out of the field, and so in any more perticular meet- 
ing of severall townes, that so each town shall retein its digni- 
tie of precedencie as formerly stated. 

And it is further ordered and enacted by the authority afore- 
said : That there shall not any maj"" or field officer have or bare 
any cap^^ comission for any perticular companie, it appearing 
that inconvenience doth arise thereby, but that each majf or 
field officer in this Colonic, shall from time to time, as often as 
he or they may with conveniencie, have inspection into the sev- 
erall trainbands under their charge on training dayes, or any 
other time as they shall see convenient, to observe liQw they 
60 



394 PUBLIC RECORDS [May. 

are disciplined, and what proficiencie they make, and to en- 
quire how they are fixed witli armes and anumition, and to 
indevour the preventing and regulating disorder therein. 

Ordered by the Upper House that if the agreement between 
Joseph Seldin and Joseph Beckwith (parties in the action of 
appeal beforementioned) to leave the matter of contest between 
them to arbitration which was prosecuted in the said court at 
Newlondon and upon which the aforesaid judgment was en- 
tred, take effect accordingly, that then the said bond of SO^is 
to prosecute said appeal shall be void and of none effect. 

Allowed to M"" John Elliott and to M"" Sam" Gibbs the sume 
of one pound eighteen shillings and sixe pence for attendance 
at the court of assistants at Newhaven in Octob"" last and at 
this Generall Assembly, 'upon the application of Sam'' Dibble, 
Thomas Dibble and Miriam Gillett, children of Thomas Dibble 
late of the town of Windzor deceased ; the said Sam" ,Thomas, 
and Miria, being unsatisfied with the settlment of the estate of 
their said father according to a will exhibited in court. 
[398] M"" William Man of Boston being unsatisfied with the 
apprizement of a parcell of land taken by execution for a debt 
due to him from Thomas Burnham, John Burnham, Richard 
Burnham, and Samuel Burnham, all of the town of Hartford, 
applied himself to y Court for relief. The Upper House having 
considered that the proceedings in the said apprizement have 
been according to the lawes of this Colonic, doe not see cause 
to grant him a second apprizement, and the Lower House not 
recieving his petition, it was not granted, and costs were ad- 
judged to the Burnhams. Costs allowed are two pounds four 
shillings and sixe pence, 2", 4% 6^'. 



Att a Generall Assembly holden at Newhaven the 8^1' of 

octofir, 1702, and continued by adiournm'r to the 14*'' 

day of the same month, port merid. 

Present : 

Majr Gen' 11 Fitz John Winthrop Esq"", Govern r. 

Colon" Robert Treat Esq"", Deputye Govern''. 



1702.] OF^ CONNECTICUT. 396 

Assistants preseyit : 
Capt. Andrew Leet, Capt. John Hamlin, 

Majr James Fitch, Capt. Nathan Gold, 

Capt. Dan'i Witherell, Joseph Curtis EsqS 

Nathanii Stanley EsqS Maj^ John Chester, 

Majr Moses Mansfield, Josiah Rossiter Esq^ 

Deputies present: 
For Hartford, Capt. Cypria Nicholls, Capt. Aaron Cook. 
For Newhaven,M'^ John Allin, Lieut Tho. Talmage. 
For Windzor, M-" John Woollcutt, M-" John Elhott. 
For Wethersfield, Lieu* James Treat, Capt. Tho. Wells. . 
For Glassenbury, Lieu* Sam" Hale, Ensff'^ Ephraim Goodrich. 
For Kenelworth, Lieut Henry Crane, Deaco Jn° Griswold. ■ 
For Saybrook, M"" Nathani^ Lyi^de, M-" NathanH Chapma. 
For Windha, M^ Joshua Riplye, Ens. Jonath. Crane. 
For Farmingto, Capt. Tho. Hart, Ens?" John Hart. 
For Branford, M-- Will Malbie, Capt. Eleaz^ Stent.* 

[399] For Haddii, M^ DanH Brainard. 

For Waterbury, Lieut Tho. Jud, Deaco Tho. Jud. 

For Gilford, Lieut Abraha Fowler, M-" James Hooker. 

For Stanford, Lieut David Waterbury, M-" Sam^ Webb. 

For Midltown, Capt. Nathan'^ White, Lieut Willia Sumner. 

For WaUing-ford, Capt. Tho. Yale, Lieut Sam^ Hall. 

For Newlondon, Lieut James Averye, M"- Jonath. Prentiss. 

For Symsbury, Ensign Sam^ Vmphries, Serjt Dan" Addams. 

For Greenwich, M-" Jonath. Hustis, M-" Ebenez"" Meed. 

For Stoningto, Ensign Manasseh Minor, M-" Henry Stephens. 

For Stratford, M-" Ephraim Stiles, M-" John Hawlye. 

For Preston, Enss^ John Parks, M-" John Richards. 

For Lyme, Capt. Will Eelye, Enss^ Joseph Peck. 

For Derby, Capt. Ebenezr Johnson. 

For Fairfield, M^ Peter Burre, M^ John Edwards. 

For Norwalk, M"^. Sam^' Hayse. 

For Norwich, Lieut Solomo Tracie. 

For Milford, M^ Thomas Gierke, Capt. Samii Newton. 

For Saylrook, M' Nathan'' Lijnde, ilf Nathan'' Chapman. 

* Clerk of the lower house. 



396 PUBLIC RECORDS [Oct. 

Acts and Lawes passed in this Assembly. 

Ordered and enacted by the Govern'', Councill and Repre- 
sentatives, in Gen'"'i Court assembled, and it is enacted by the 
authority of the same : That the new Revised Printed Lawes* 
shall take place and be in force on the first day of December 
next; which books shall be distributed to each towne, accord- 
ing to their proportions by the grand levie, and there be sold 
or disposed as the townes shall see cause, and the money they 
are sold for to be returned to the town treasurie ; and Capt. 
Aaron Cook, M"" John Woolcutt, M'" John Allin, Capt. Sam" 
Newton, M"" John Edwards, Lieu^ David Waterbury, Capt. 
William Eelye, and M"" Jonathan Prentiss, are appointed forth- 
with to distribute to each town their proportions : And that 
the word Tuesday in the fourteenth line of the thirtie first page 
shall be altered into Thursday in every book by the justices of 
every towne respectively. 

Ordered and enacted by the authority aforesaid : That the 
old printed lawes title Innkeepers, and title Drunkenness, shall 
remain in full force as formerly, untill other provision be made 
[400] for the regulation of innkeepers and retailers of || strong 
drinke, and prevention and punishment of the sinne of drunk- 
ennesse. 

Ordered and enacted by this Court &c : That the four assist- 
ants in the countie of Hartford, with Maj"" James Fitch, or any 
three of them, shall keep the court of assistants at Hartford in 
May next, the eldest assistant present to preside ; and the five 
assistants in the counties of Newhaven and Fairfield to keep the 
court of assistants in Newhaven annually in Octob'', the eldest 
assistant present to preside. 

Ordered and enacted by this Court : That the assistants at 
the court of assistants shall be allowed fifteen shillings p'" action 
in cash and no more. And the jury at said court shall be 
allowed twelve shillings cash, which shall be all the fees of said 
court. And the jury at the countie courts are to be allowed 

* Acts and Laws of His Majesties Colony of Connecticut in New-England. Bos- 
ton: Printed by Bartholomew Green ai.d John Allen, 1702, fo. pp. 118. The book is 
of great rarity, even less seldom to be met with than the edition of 1673. The Char- 
ter is not prefixed to that copy in the State Library, nor to any other copy which I 
have met with. 



1702.] OP CONNECTICUT. 397 

twelve shillings cash for each action tried by them, besides sixe 
shillings to the bench, all to be paid down by the plaintiff. 
Provided alwayes that the fees of the Secretary and clerks of 
the countie courts be paid to them as formerly. 

Ordered and enacted by this Court &c. : That no assistant 
or justice of the peace shall draw any warrant in any civill 
case between partie and partie, when such assistant or justice 
is to be judge in said case. 

Whereas in a lawe made in May last for the prevention of 
undue trading &c. it is said that at one of those ports men- 
tioned in said act all vessells shall lade and unlade : It is now 
ordered and enacted by the Govern"", Councill and Represent- 
atives, in Generall Court assembled, and by the authority of 
the same : That those words Lade and Unlade, shall be re- 
pealed, and they are hereby repealed, and instead thereof it 
shall be worded in said act that all vessells shall enter and 
clear in one of said ports. 

Whereas it is expressed in the lawe for the constituting and 
regulating the navall office that such officers shall have the 
accustomed fees : the Govern'', Councill and Representatives 
in Generall Court assembled doe now positively determine that 
the fees for the navall officers in this Colonic shall be one shil- 
ling in cash for entring, and one shilling for clearing any ship 
or other vessell trading to or from this Colonic. 

A question arising wliether any person may purchase or any 
other wayes obtein any lands of the Indians, in such tracts as 
are granted to any perticular townships after such grants are 
made by this Court : In answer whereunto the Govern our, 
Councill and Representatives, in Gen'i^ Court assembled, doe 
declare, that it is onely in the power of such townships to 
whome the grant is made, to purchase those lands of the In- 
dians ; and all other purchases to be illegall. 

Ordered and enacted by this Court : That all bills signed 
wherein the Colonie is made debf, shaU be signed by the jus- 
tice or justices one at least that lives in the towne where the 
credit'' lives, and the auditors from time to time shall not ac- 
cept of any bill from the treasurer . unlesse it be specified for 
what it is. It is further ordered that the auditors doe give as 



398 PUBLIC RECORDS [Oct. 

particiilar an account of the auditt as well they can, and lay it 
before the Lower House to be kept upon file. 

A question arising concerning any miscast in the lists of 
estates, whether such mistakes ought not to be rectified, and 
[401] the rate for such || miscast to be collected for the Colo- 
nies use, as the rate arising npon the list as entred in the Sec- 
retaryes rolls : This Assembly doth answer the question in the 
affirmative, and that the listers or rate-makers ought, and they 
are hereby required to return such sume or sumes arising up- 
on such miscast to the Treasurer, tliat there may be an order 
by him to the respective constables for collecting the same with 
the rest of the rates, and the Treasurer to be accountable for 
said sume or sumes so arising, as he is for the sumes arising 
upon the lists as they are entred in the rolls as aforesaid. 

This Court grants a rate of two pence halfe pennie upon 
the pound of all the rateable estate of this Colonie, the fortie 
shillings upon the thousand pounds ordered for the schools 
in the severall townes to be paid out of it, any lawe or cus- 
tome to the contrary notwithstanding ; to be paid in winter 
wheat at five « and sixe pence per bushell, rye at three shil- 
lings p"" bushell, Indian corn at three shillings p"" bush'', pork 
at three pounds ten shillings p"" barrell, beeff at five and 
fortie shillings \y barrell ; all the grain to be good and mer- 
chantable, the pork and beeff in barrells full gage and well re- 
pact by a sworn packer and marked with his marke. But if 
any person will pay two thirds of his rate in money, it shall be 
accepted for the whole of his rate. 

Ordered that the town-clerks in the respective townes within 
this Colonie shall keep a list or roll of the freemen in their re- 
spective townes, and shall himselfe or the constable call over 
their names at every meeting of the freemen ; and whosoever 
shall be absent from such meeting, being orderly warned by the 
constable, shall pay a fine of two shillings, to be collected by 
the constable and disposed of for the use of the towne, unlesse 
such persons shall make it to appear to the satisfaction of the 
maj"" part of the select-men that they have been necessarily 
deteined. 



1702, J OF CONNECTICUT. 399 

Persons nominated to stand for election in May next are : 

Majr Geni-ii Fitz John Winthrop Esq'', Coloii^^ Robert Treat 
Esq"", Capt. Andrew Leet, Majf James Fitch, Capt. Sam" Ma- 
son, Capt. Daniel Wetherell, Nathan" Stanley Esqi", Maj'' Moses 
Mansfield, Capt. John Hamlin, Capt. Nathan Gold, Will Pitkin 
Esqf, Joseph Curtis Esq"", Maj"" John Chester, Josiah Rossiter 
Esq"", Capt. Caleb Stanley, M^ Peter Burr, M' Richard Cristo- 
phers, John Hains Esq"", M^" Thomas Hooker, M'' Jeremiah 
Osborn. 

Ordered by this Court: That the Councill untill the next 
sessions shall consist of seven, viz. the Govern^ or Deputy Gov- 
ern'" and two of the Assistants at the least,' and the remainder 
to be four able and judicious freemen, as the Govern^ or Dep- 
uty Govern'" shall call to to Councill ; who shall have power in 
the intervales of the Generall Assembly to manage the affairs 
of this Colonic according to charter, they not to raise men to 
send out of the Colonic (except in case of exigencie) nor dis- 
pose of money. 

[402] This Assembly leaveth it to the Governf", Capt. With- 
erell and M"" Saltonstall to draw up an addresse to her Majes- 
tic, in the name of the Gen""" Assembly to congratulate her 
Majesties happie accesse to the crown, with thanks for her 
Majesties grace and favour manifested to us.* 

Capt. Nathan Gold, M"" John Elliott, Capt. Thomas Hart, 
Ml" Peter Burr, and Capt. Ebenezer Johnson, are chosen and 
appointed a comittee in behalfe of this Colonic, to endevour an 
amicable agreement with the goverment of Rhode Island, or a 
committee by them appointed and fully impowered, respecting 
the settlment of the line between the Colonies of Connecticutt 
and Rhod-Island ; and it is hereby intended that any three of 
the forementioned comittee agreeing, are fully impowered and 
comissionated to bring that matter depending to a finall issue, 
and what shall be done in the premises (with submission to 
her Majesties pleasure) shall be accounted vallid, and shall 
forever remain to be the line between the Colonies of Connec- 

* The letter of the Privy Council announcing the death of King William and the 
accession of Queen Ann, dated March 11, 1701-02 is in For. Corresp., I, 96. No copy 
of the address referred to in the text is now found among the files. 



400 PUBLIC RECORDS [Oct. 

ticutt and Rhode Island. Provided that nothing done by the 
aforesaid committees shall alter or change the propertie of any 
persons lands, but such propertie shall be saved according to 
the agreement of our late Govern'" John Winthrop Esq"" dec^, 
and M"" Clerk of Rhode Island, which agreement was made in 
England ; and the abovenamed five gentlmen are desired and 
appointed to draw a letter to send to Rhode Island preparatory 
to the speedy accomplishmt of the premises. 

Ordered by this Court: That the Govern^ and Councill in the 
intervales of the Generall Court shall to the utmost indevour 
that the goverm^ of the Massachusetts do joyn in setting up 
boundaries where by joynt and most exact observation, the 
line between said^ goverm' and this Colonic is found that it 
ought to rune, or else give reason why they doe not. Which 
if they doe not consent to performe, that a comittee by the 
Govern^ and Councill be appointed to sett up sufficient monu- 
ments in said found line that it may be known how farre we 
may improve. This to be done before the Gen'"" Court in May 
next. 

This Court doth allow a sallerie of one hundred and fortie 
pounds in pay to the Hon'"'^ Govern"^ ; to the IIon'"d Deputy 
GovernJ" for his sallerie this present year seventie pounds in 
pay, they both bearing their own charges. 

This Court doth allow to the Treasurer for the time being 
twentie three pounds for riding the circuit to make up the Col- 
onic accounts with the constables the next year. 

This Court doth allowe to the Colonic Sherriff five pounds 
in pay for his sallerie this year, he bearing his own charges. 

This Court grants twentie pounds more then what was for- 
merly granted for the repairing of Saybrook fort, to be paid 
out of this present rate for the abovesaid service to Capt. John 
Gierke of Saybrook, who is to be accountable for the same. 

This Court doth allow to the Sherriff four shillings p"" day in 
pay, and to the constable three shillings 6^ p^ day in pay for their 
[403] II attendance at the Court of Assistants and Generall 
Court at their present sessions, they bearing their own charges. 

This Court doth allow to Capt. John Miles five pounds in 
pay for the Colonic expences in his house by the Court of 
Assistants and this Generall Court. 



1702.] OP CONNECTICUT. 401 

This Court doth allow to the iSpeakcr thirtie shillings in pay 
for his good conduct this present sessions. 

This Court doth allow to Ben" Henman of Woodbury eight 
shillings in pay out of the countrey rate, for his travail to New- 
haven to bring their town list and votes for nomination. 

This Court doth allow unto Joshua Hogkiss twentie shillings 
pr annu to be paid annually out of the countrie rate (besides 
the remission of his own countrey rates) to be paid annually 
during his naturall life. 

Ordered by this Court : That the town of Plainfield shall pay 
the suihe of four pounds ten shillings in pay for laying out their 
township. 

This Court doth allow to Docti" Carrington for medicine given 
to a sick 'man at Newhaven nine shillings in pay, and to Serjf 
John Ball for dieting of him three weeks fifteen shillings in pay. 

Capt. John Chester is by this Court appointed Serjt Maj'' for 
the countie of Hartford, and to be coniissionated accordingly. 

Captain Cyprian Nichols is by this Assembly appointed 
Captain of the trainband on the south side of the riverett in 
Hartford, Ensign Sam" Howard to be their Lieutenant, and Mr 
Hezekiali Willis to be their Ensign. And Solomon Andrews 
is appointed to be Ensign of the trainband on the east side of 
the great river in Hartford. 

M"- John Kirtland is by this Court appointed Lieutenant, 
and Mr Thomas Buckingham jun"" Ensign of the companie 
under the comand of Capt. John Clerk, capt. of the fort at 
Saybrook. 

M"" Abraham Chalker is by this Court appointed Lieuteiiant 
of the trainband in the town of Saybrook, and M^ William 
Pratt to be their Ensign, and all the abovenamed officers to be 
comissioned accordingly. 

Vpon the desire of some persons in the countie of Newhaven 
to erect a Troup in said countie, this Court having considered 
their motio doe grant liberty to erect a troup not exceeding 
eightie in number, and to be raised out of the severall compa- 
nies within the said countie in equall proportion, and under 
tiie regulation of the chief militarie ofiicers in each companie 
in the said countie. Provided that each trouper be fitted out 
51 



402 PUBLIC RECORDS . [Oct. 

in all respects according to lawe, and while or iintill the said 
troupers are so fixt as abovesaid and have chosen their officers, 
and the said officers and the said officers are comissioned ac- 
cording to lawe, all such persons shall be under the comand of 
the officers of the companies they are now listed under, and 
that no souldier shall be compelled to list himselfe a trouper. 

This Assembly doth appoint and impower Capt. Cyprian 
Nichols, Capt, William Whiting, and M^ Caleb Stanley junr, 
all of Hartford, or any two of the said gentlmen, to be a comit- 
tee to lay out to the town of Hartford sixe hundred acres of 
land granted to them May the eighth, 1672, for the benefitt of 
a gramar school there, to be laid out to them according to their 
grant. 

[404] This Assembly doth appoint and impower M"" Jeremiah 
Osborn, M^ William Thomson, and Lieu' Thomas Talmage (all 
of Newhaven) or any two of them, to be a comittee to lay out 
to the town of Newhaven six hundred acres of land granted to 
them May the 9'i', 1672, for the benefit of a gramar school 
there, to be laid out to them according to their grant. 

This Assembly doth appoint and impower Capt, Nathan 
Gold, Lieu' John Wakeman and M'' Peter Burre (all of Fair- 
field) or any two of them, as a comittee to lay out to the town 
of Fairfield sixe hundred acres of land granted to them May 
the 9th, 1672, for the benefitt of a gramar school there, to be 
laid out according to the grant, the worke to be done at the 
charge of the said town. 

This Assembly doth appoint and impower Ens?" John Hough, 
Capt, John Prentiss, and John Plumb, or any two of them, to 
be a comittee to lay out to the town of Newlondon sixe hun- 
dred acres of land granted to them May the 9'^^ 1672, for the 
benefit of a gramar school there, to be laid out according to the 
grant, the worke to be done at the charge of the said town. 

This Assembly doth appoint and impower M"" John Wake- 
man and Mf Peter Burr, both of Fairfield, to lay out to the 
heirs of Maj"" Gold one hundred acres of land, granted May the 
12th, 1687, to be laid out in such place where it may not pre- 
iudice any plantation or former grant, provided it be at the 
charge of said heirs and be not already laid out by the persons 
formerly appointed. 



1702.] OP CONNECTICUT. 403 

This Court doth impower and authorize the widdow and 
reKct of John Tainter of Branford (formerly Dorcas Tainter, 
now Dorcas ColUns) to sell and give a deed for confirmation of 
one acre of land, which her late husband John Tainter sold in 
his life time but was taken away by death before he had given 
a deed of the sale of it. 

This Court grants to James Bird one hundred acres of land, 
to be taken up by him of the countrey land according to the 
tenr of such grants. 

Majr John Chester, Capt. Nathan Gold, Capt. Nathan^i 
White, M"" Peter Burr, Capt. Thomas Hart and Lieu* Tho. 
Talmage, are by this Court appointed a comittee to draw a bill 
to prevent disorders in retailers of strong drinke, and excessive 
drinking, and to prepare a bill to put in execution the reform- 
ation lawes. 

Ordered, that whatsoever hath been already done in order to 
the settlment of the trainbands on the north and south of the 
rivulett in Hartford shall so remain, and what is further want- 
ing shall be settled by the Serj^ Maj^ of that countie. 

Whereas this Assembly in May last upon the application of 
Capt. Joseph Whiting declaring his dissatisfaction with the 
judgm' of the Court of Assistants in October last, in a case 
[405] II dependin^between the said Capt. Whiting and Capt. 
Cyprian NickoUs, aid then by their act declare that the said 
judgm' ought to be reversed : this Assembly doth now reverse 
the said judgment, and the same is hereby reversed and made 
void. And whereas the same court in May did declare that the 
parties might have another hearing in May next, this Court 
declares that they shall have another tryall at this present court 
of assistants that is now in being, and to be continued by ad- 
iournment unto the last Wedensday of this instant October (in 
Newhaven) and that by the same jury that had the case for- 
merly comitted to them in October last, or other indifferent per- 
sons of the neighbourhood ; Capt. Joseph Whiting inguaging 
to pay the extraordinary charge that shall arise thereupon. 

Whereas Robert Rumsey of Fairfield presented a petition to 
this Court, wherein he declares that Ensign John Osburn of 
said Fairfield, took out an attachment against the estate of 
Isaac Rumsie, who directed the officer to serve the attachment 



404 PUBLIC RECORDS [Oct. 

upon his said Rob* Riimsies estate, and afterward had the said 
estate deHvered to him by execution of a judgm' he obteined 
upon the attachment, at a countie court held at Fairfield, No- 
vemb'' 4'h, 1701, against the said Isaac Rumsies estate, whereby 
he complaineth that his estate is under a colour of lawe most 
unrighteously taken from him, and prayes that this Court 
would restore him to the possession of his estate, which estate 
appears by the return of the sherriff upon the attachment and 
execution to be a house and two acres of land, bounded on the 
northeast with y^ lands of Rob' Churcher, southeast with the 
lands of Rob' Rumsie, on all sides else w' y^ comon and fences 
on ye said land, and barley on it when it was attached : This 
Court having heard the petitioner and seriously considered his 
case doe judge the estate so attached and delivered to said 
Osburn by the execution not to be said Isaac Rumsies but in 
the possession of said Robert when it was attached, and there- 
fore the whole proceeding thereupon to be and hereby declare 
it to be null and wholly void, and doe order the sherriff of Fair- 
field countie forthwith to restore the said Robert Rumsie to the 
possession of the aforesaid estate, the barley onely excepted, to 
have and hold the same upon as good right as before the above- 
said attachment was served upon it, and doe adiudge the said 
Osburn to pay all cost and charge that hath been by that illegall 
proceeding. Cost allowed is three pounds five shillings and 
sixe pence. 

Capt. William Whiting guardian to Sarah Fitch, minor 
daughter and heiress of M"" Samuel Fitch, late of Milford dec'', 
informing this Court that said minor hatli been greatly iniured 
in the management of her estate by such as pretended to ad- 
ministration : This Court having seen records and papers that 
seem to demonstrate the same, doe therefore order that all per- 
sons concerned in said case, shall appear at the Gen^" Court 
in May next, that so there may be an orderly hearing and de- 
cision of the premises, and in the mean time, that what of that 
estate is in being shall be secured, and that all lawsuits that 
may any wayes be comenced upon any bills or bonds relating 
thereunto shall be suspended, said Capt. Whiting giving to the 
Secretary sufficient bond to prosecute his information and answer 
all damages, and give suitable notice to said persons concerned. 



1702.] 



OF CONNECTICUT, 



405 



M"" John Fisk informing this Court that he hath received a 
considerable wound in the former Indian warres, and therefore 
requesteth that this Court would release him from the paym' 
of countrey rates for the future, it is therefore ordered, that 
said Jolni Fisk be freed from paying countrey rates for the 
future, viz. during his naturall life. 

[406] M'' Riplye appearing in this Assembly and desiring 
their interpretation of these words, viz. " an able and orthodox 
minister of the gospell called and settled," in their grant to the 
inhabitants of the north end of Windham to be a plantation 
distinct : This Assembly returnes answer that by an able and 
orthodox minister called and settled, they understand a person 
competently well skilled in arts and languages, well studied 
and well principled in divinitie, approving himselfe by his ex- 
ercises in preaching the gospell, to the judgm* of those that 
are approved pastors and teachers of approved churches, to be 
a person capable of dividing the word of truth aright, to con- 
vince gainsayers, and that his conversation is such, that he is 
a person called and quallified according to gospell rule, to be 
pastor of a church, and in an orderly way settled in that office 
and worke. 

Ordered by this Court, that the serjt maj"" of the countie of 
Newlondon take speedy and effectuall care that there be an 
orderly settling of the military officers in the town of Preston. 

List of estates and persons. 





Estates. Us. 


Persons 




Estates. Us. Persons. 


Hartford, 


18846 


310 


Glassenbury, 


02788 


074 


Newhaven, 


18136 


350 


Nor walk, 


06549 


110 


Windzor, 


14073 


250 


Farmington, 


07575 


118 


Wethersfield, 


12373 


257 


Haddum, west 


side, 01861 


040 


Fairfield, 


13530 


150 


Haddu, east side, 02349 


055 


Newlondon, 


10171 


220 


Branford, 


04739 


086 


Milford, 


11597 


180 


Stanford, 


06870 


100 


Greenwich, 


04045 


090 


Lyme, 


06337 


117 


Wallingford, 


06216 


122 


Stratford, 


11412 


140 


Symsbury, 


03174 


070 


Woodbury, 


03260 


080 


Waterbury, 


02050 


052 


Kenel worth, 


02999 


054 


Windham, 


01827 


050 


Stonington, 


07610 


147 


Derbye, 


02327 


053 


Norwich, 


05922 


111 


Gilford, 


08788 


150 


Midltown, 


07155 


173 


jjay brook, 


06835 


134 


Preston" 


03159 


069 



406 PUBLIC RECORDS [Oct. 

The report of the comittee appointed for settling the line 
between this Colonie and the Province of the Massachusetts 
Bay, together with a journall of their proceedings therein, was 
exhibited in this Assembly, and is upon file.* 



[407] Att a Court op Election holden at Hartford, 
May the 13'^, 1703. This G-enkll Assembly was 

continued by ADIOURNBF to Ye 27™ DAY OF 
Ye same month POST MERID. 

Majr Gen^i' Fitz John Winthrop Esq"" was cliosen Govern^. 

Colon" Robt Treat Esq-", Deputy Govern"". 
Assistants chosen : 
May James Pitch, Will Pitkin Esq"", 

Capt. Dan'i Wetherell, Joseph Curtis Esq"", 

Nathanii Stanley Esq"", Maj^ John Chester, 

Maj"" Moses Mansfield, Josiah Rossiter Esq"", 

Capt. Jn° Hamlin, Richard Cristophers Esq"", 

Capt. Nathan Gold, Peter Burr Esq^.f 

Preseyit at the Cren''" Assembly and sivorn : 
Majr Gen--" Fitz John Winthrop Esq'', Govern^ 
Colonel Robt Treat Esq"", Deputy Govern''. 
Assist" present and sworn : 
Capt. Danii Wetherell, Will Pitkin Esq"-, 

Nathan" Stanley Esq'', Joseph Curtis Esq"", 

May Moses Mansfield, Majr John Chester, 

Capt. John Hamlin, Josiah Rossiter Esq^. 

Capt. Nathan Gold, 

Deputies present : 
For Hartford, Capt. Cyprian Nichols, Capt. Joseph Wadsworth. 
For Windzor, M^ John Elliott,^ Capt. Mathew Allin. 
For Newhaven, M^ John Ailing, Lieu* Thomas Talmage. 

* Col. Bound, III, 21, 22. 

t Capt. Andrew Leete died Oct. 31, 1702. Capt. Samuel ]\Iason was dropped by 
the freemen. He died March 30, 1705. Mr. Christophers and Mr. Burr were chosen 
in their places. 

t Speaker. 



1703.] OP CONNECTICUT. 407 

For Newlondon, Lieu* John Hough, Capt. John Prents. 

For Fairfield, Lieu* Jn" Wakeraan, M'' Sam" Squire. 

For Wethersfield, Deacon Will Warner, Capt. Thomas Wells. 

For Stratford, Capt. James Judson, Lieu^ Tho. Knowls. 

For Milford, M"" Thomas Clerk, Ens. Joseph Feck. 

For Branford, Capt. Eleazar Stent,* M-" Will Malbie. 

For Midltown, Capt. Nathan^^ White, Lieu^ Willia Sumer. 

For Stanford, Lieu' David Waterbury. 

For Saybrook, Capt. John Clerk, M-- John Whitlsey. 

For Wallingford, M'' John Merriman, Serjt Thomas Hall. 

For Derby, Capt. Ebenezer Johnson, M'' John Bower. 

For Haddum, M'' Dan" Brainard, Ens. Thomas Gates. 

For Preston, M^ Caleb Fobes, M-" William Billing. 

For Kenelworth, M"" John Griswold, M"" John Crane. 

For Lyme, Capt. Willia Eeelye, Ens. Joseph Peck. 

For Woodbury, Capt. John Minor, Lieu' Israel Curtis. 

For Norwich, Capt. Richard Bushnell, Ens. Tho. Leffingwell. 

For Symsbury, Serj' Nathan^^ Holcomb, JVP Dan^^ Addams. 

[408] For Gilford, Capt. Abraham Fowler, M"" James Hooker. 

For Greenwich, Thomas Marshall. 

For Windham, M"" Joshua Ripley, Ens. Jonath. Crane. 

For Danbury, M"" Josiali Starr, M'" John Cornell. 

For Waterbury, Dcaco Tho. Jud, M^ Benja Barns. 

For Stoningto, M"- Will Gallop. 

For Glassenbury, Deaco Jonath. Smith, M"" Thomas Treat. 

For Farmingto, Ens. John Hart, M^ John Wadsworth. 

The Govern'"^ Hon"" took the oath before this Assembly ap- 
pointed by her Majestic, requiring to take effectuall care that 
the acts of trade and navigation be duely observed. 
The Governrs Councill stated. 

Ordered by this Assembly : That the Councill assigned to 
assist the Govern'" or in his absence the Deputie Govern"", un- 
till the sessions of the Generall Assembly in October next, shall 
consist of sixe, of which number there shall be two Assistants 
at the least, with M^ Nehemiah Smith, Capt. William Eely, M"" 
Nehemiah Palmer, and Capt. Richard Bushnell ; and that the 
Govern'", or in his absence the Deputy Govern'", with the said 

* Clerk of the lowei" house. 



408 PUBLIC RECORDS [May, 

Coimcill shall have power for the time before specified to man- 
age the affairs of this Colonie according to charter; alwayes 
provided they are not to raise men to send out of the Colonie 
(unlesse in case of exigency) nor to dispose of money. And it 
is also provided that in extraordinary cases the Govern'' or Dep- 
uty Govern'' shall call the Councill of Assistants as many as 
can be convened. 

Acts and Lawes passed at this Gener" Court or Assembly. 

It is ordered and enacted by the Govern'", Councill, and Rep- 
resentatives, in Generall Court assembled, and by the authori- 
tie of the same: That the severall acts and lawes made in May 
and Octol)'" last, shall be and remain in full force, viz*. 

An Act for the preventing of the spreading of Infectious 
Diseases. 

An Act for preventing Undue Trading. ' 

An Act for raising money for Schools. 

An Act for Negro and Malatta Servants to be maintained by 
their Masters. 

An Act for repealing the lawe enabling freemen to choose 
Justices. 

An Act requiring ministers to read the Queens Proclamation 
for suppressing Irreligion and Prophanesse. 

An Act for Assistants and Justices to pay Rates to the Min- 
istrie. 

An Act making the new Printed Lawes to be in force. 

An Act for Assistants to be allowed fifteen shillings p'" ac- 
tion at the Court of Assistants. 

An Act for the old printed lawes, title Innkeepers and 
Drunkennesse to be in force. 

An Act restraining Assistants and Justices of the Peace in 
drawing of Warrants. 
[409] II An Act concerning the Navall Office. 

An Answer to a question concerning Buying Land of In- 
dians. 

An Act regulating the signing of Bills wherein the Colonie 
is made debt^. 

An Act for regulating Miscasts in the publick Lists of rate- 
able estate. 



1703.] OF CONNECTICUT. 409 

An Act requiring Town Clerks to keep Rolls of the Freemen 
in their respective townes. 

Ordered and enacted by the anthoritie aforesaid that where- 
as in an act made in May last concerning male-administration, 
it is said that the partie agrieved hath liljertie to make his ap- 
plication to the Govern'' in Councill, this Court doe see cause 
to repeal the said act, and it is hereby repealed ; and it is 
ordered that the full and sole power of calling an assistant or 
justice of the peace to an account for male-administration, doth 
remain in the Gen^i' Assembly, as also to grant such citations 
as they shall see meet upon complaint made to them. 

Ordered and enacted &c. : That if there happen a difference 
between the treasurer and a constable respecting the making 
up of their accounts, and the treasurer make seizure of said 
constables estate, such case shall be issued by this Court, com- 
ing by way of petition. 

Ordered and enacted &g. : Tiiat all listers that shall for the 
future be chosen shall be sworn to a faithfull discharge of the 
work they are chosen unto. And in case any person be over- 
charged in the list, either by adding more then ought or by any 
miscast, such person may repair to the hsters for a regulation, 
and a bill from said listers to the constable and treasurer, that 
such person is overcharged in the list, shall be a sufficient dis- 
charge to the constable and treasurer for so much. And if 
such listers shall refuse to give such bill of errors to any per- 
son, such person hath libertie to apply himselfe to an assistant 
or justice of the peace, who with the assistance of the maj"" part 
of the select men are hereby impowered to inquire into the 
case, and to grant such bill as they shall find just. The like 
order to be attended by any constable when the list is overcast 
in the totall. 

Ordered and enacted &c. : That whensoever any person shall 
build a tennantable house upon any outlands distant from the 
town plott and there inhabitt and dwell, they shall be rated for 
a home lott in the comon list, not exceeding the quantitie that 
is ordinarily accounted a home lott in said town, and the rest 
of the land improved to be vallued as other land of the same 
profitts. 

52 



410 ■ PUBLIC RECORDS [May, 

Ordered and enacted &c. : That whenesoever it shall so happen 
that so many of the justices of the quorum cannot be readily 
convened, as by la-we is required for constituting the courts of 
probates, the next assistant shall and may sitt for constituting 
of said court and assist in managem^ of the affairs thereof. 

Ordered and enacted <tc. : That when any house lotts doe 
abutt upon a comon fence, such home lotts shall maintain halfe 
the fence and the comon field the other halfe ; and if the pro- 
prietors shall lay open their field, they shall keep up their fence 
against such house lotts notwithstanding, unlesse they have or 
shall otherwise agree ; provided tliis act doth not include any 
houselott within the comon fence. 

Whereas oftentimes when upon complaint of misdemeanrs 
[410] persons || being called to give evidence in cases that are 
of a capitall or criminall nature, or of breach of a penaU la we, 
doe refuse to give evidence therein, whereby justice is retarded: 
for regulation whereof, and that justice may be promoted in 
such cases : It is ordered and enacted by this Court : That for 
the future after publication hereof, whatsoever person shall be 
called by civill authoritie to give evidence in any such cases as 
aforesaid, and shall refuse to make answer, so farre as he is 
capable to such questions as shall be demanded respecting the 
case or matter in question, and also shall refuse to make oath 
that he will declare aU and whatsoever he hath knowledge of 
respecting y^ case or matter in question so farre as it concernes 
any other person besides himselfe, (unless any religious tye of 
conscience bottomed on the word of God bind him to the con- 
trary) shall by the authoritie before whome he is called to give 
such evidence be comitted to the countie gaol, there to remain 
imtiU he shall make oath that he will give evidence as afore- 
said, and to remain in said gaol at his own cost and charge. 

Ordered and enacted <tc. : That whensoever any person in- 
habiting in any of the neighbouring Provinces or belonging 
thereunto shall take out any writt or sumons whatsoever to 
bring any person or persons belonging to this Colonic to any of 
the courts thereof, there shall be sufficient bond given by such 
person with good suretie or sureties of substantiall inhabitants 
of this Colonic, to prosecute his writt to effect, and to answer 
all damages if he make not his plea good. 



1703.] OF CONNECTICUT. 411 

Whereas in the lawe title Executions, pag. 32, it is enacted 
amongst other things, that in case the debf shall pay his debt 
according to contract and all necessarie charges in the space of 
twentie dayes next after the five dayes mentioned in said lawe, 
he shall have libertie to redeem the estate seized by execution 
and sold at an outcry : It is now ordered and enacted by this 
Court, that the forerecited clause be repealed and revoked, and 
it is hereby repealed and made void. And it is enacted and 
declared, that when estate is taken in execution for debt, the 
debt"" shall have twentie dayes libertie to redeem said estate, 
and no more time, and the five dayes mentioned in said lawe 
are hereby ordered to be enlarged to twentie dayes. 

Ordered and enacted &c. : That all lands rateable by lawe 
shall be sized and vallued in the lists of estates according to 
the last valluation in the respective townes in this Colonic. 

Whereas in the lawe title Fornication, fol. 7'h, it is provided 
that such as are guiltie thereof shall pay a fine of five pounds 
to the publick treasurie of the Colonic, it is now ordered and 
enacted &c. that such fine shall be paid to the countie treasurie 
of that countie where the fact was comitted. 

Ordered and enacted &c. : That for the future all petitions 
that are preferred to the Genr'i Assembly shall be filed in the 
[411] Secretaries office || on or before the second day of the 
Courts sitting in May, and on or before the first day of the 
Courts sitting hi October annually, and in defect thereof such 
petition shall not be heard at that session. 

Ordered and enacted &c. : That when charges arise upon 
processe against delinquents, and no estate of the delinquents 
to be found, such charges shall be paid out of the countie 
treasurie, or for want of countie treasurie, out of the colonic 
treasurie. 

Whereas many differences arise about collecting the fines 
due to trainbands in this Colonic, and the clerks of the bands 
meet with great difficultie therein ; for prevention whereof, 
this Court doe hereby authorize and impower the two chief 
military officers in each trainband respectively, to send forth 
tlieir warrants directed to the clerk of the band to which the 
delinquents doe belong, who shall levie the fine or fines upon y« 



412 • PUBLIC RECORDS. [May, 

delinquents with the necessary charges, being by virtue of such 
warrant as fully impowered thereunto, as the constable is in 
other cases. And if any person be aggrieved therewith he may 
apply himselfe to the countie court for relief. 

Whereas in the printed lawe, title Assize of Caske, fol. 15'^, 
it is enacted that all pork and beeff shipped for exportation 
without the packers marke shall be forfeited : It is now ordered 
and enacted by this Court that the said clause be repealed, and 
the same is hereby repealed and made void ; and it is enacted 
and ordeined that for the future no person shall be required 
to repack any pork or beeff by him shipped for exportation, any 
former lawe, usage or custome to the contrary notwithstanding. 

Whereas in the lawe, title Rates, fol. 90, it is provided that 
all estate both reall and personall shall be entred in the lists 
of estates : It is now enacted by this Court that the intent of 
the said clause is that all male persons above sixteen years of 
age (except such as are exempted in said lawe) and all sorts 
of cattell, horses and swine, as are mentioned in said lawe, and 
no other shall be listed ; and all personall estate not perticu- 
larly mentioned in the lawe is excepted. 

Whereas it is said in the Justices Oath, that they shall dis- 
pence justice according to the comission given them, this Court 
doe now order and declare that by the terme Comission in the 
justices oath is to be understood the Lawes of this Colonic, and 
that the justices shall take the lawes of this Colonic for their 
comission in their administration of justice. 

Ordered and enacted by this Court, that Capt. Nathan Gold 
shall be Judge of the Court of Assistants at Newhaven the year 
ensuing, and William Pitkin Esq'' shall )je Judge of the Court 
of Assistants at Hartford the year ensuing. 

Ordered and enacted by the authoritie aforesaid : That the 
Courts of Assistants to be holden at Hartford and Newhaven 
annually shall consist of seven Assistants, or five at the least to 
make a quorum; in the absence of the judge the eldest Assist- 
ant to preside, and the Assistants to attend the said Courts to 
be from time to time appointed by the Genf" Assembly. Al- 
wayes provided, that the Court of Assistants at Hartford now 
depending by adiournm^ shall be of the same constitution as 
formerly at their first sitting. 



1703.] OF CONNECTICUT. 413 

[412] It is ordered and enacted by the autlioritie aforesaid : 
That the five Assistants in the counties of Newhaven and Fair- 
field, with Capt. Dan^i Wetherell and Capt. John Handin, or 
any five of them, shall keep the Court of Assistants at Newhaven 
in October next ; and the Assistants in the counties of Hartford 
and Newlondon, or any five of them, shall keep the Court of 
Assistants at Hartford in May next. 

Ordered and enacted : That the brand for horses in the town 
of Colchester shall be this figure A , and that this following 
letter ^ , with the cross stroak in it shall be the brand for 
horses in Derby, any brand in the printed lawe notwithstand- 
ing, and that the figure 4? shall be the brand for horses in 
Lebanon, any other brand in the printed lawe notwithstanding. 

Judges appointed. 

Maj'' John Chester is by this Court appointed Judge of the 
Countie Court and Court of Probates in the Countie of Hartford. 

Maj"" Moses Mansfield is by this Court appointed Judge of 
the Countie Court and Court of Probates in the Countie of 
Newhaven. 

Capt. Dan'^ Wetherell is by this Court appointed Judge of 
the Countie Court and Court of Probates in the Countie of 
Newlondon. 

Capt. Nathan Gold is by this Court appointed Judge of the 
Countie Court and Court of Probates in Countie of Fairfield. 

Justices appointed hy this Court for the severall Counties are as 

foUoivs : 
Impr, for Hartford Countie. 

Justices of the Peace arid Quoru are : 
John Hains Esq"", John Hooker Esq"", 

John Elliott Esq'', Capt. Thomas Hart, 

Henerie Woollcutt Esq'', Lieu' James Treat. 

Justices of the Peace : 
W John More, Eleaz"" Kimberly, 

Capt. Thomas Wells, Capt. George Gates, 

Capt. Nathanii White, M-" Tho. Jud, 

Capt. John Higlye, M"" Joshua Riplye. 



414 PUBLIC RECORDS [May, 

For the Countie of Neivhaven. 
Justices of the Peace and Quoru are : 
Jeremiah Osborn Esq"", William Malbie Esq"", 

John Ailing Esq^", Capt. Eleazar Stent, 

Thomas Clarke Esq^, Capt. Ebenezer Johnson. 

Justices of the Peace : 
Capt. Sam" Eles, M"" John Hall. 

For the Countie of Newlondon, 
Justices of y Peace and Quoru. 
Nehemiah Smith Esq"", Dan" Tayler Esq"", 

Nehemiah Palmer Esq^, Capt. William Eely, 

Nathan" Lynd Esq"", Capt. Richard Bushnell. 

[413] II Justices of the Peace for the Countie of Newlondon are: 

Mr Ephraim Minor sen"", M^ Jonath.Tracie of Preston. 

Lieu' Henerie Crane, 

For the Countie of Fairfield. 
Justices of the Peace and Quoru are : 
Lieu' John Wakeman, Capt. James Judson, 

Capt. Mathew Sherwood, Capt. Jonath. Sellick, 

Justices of the Peace are : 
Capt. James Olmstid, M"^ James Bebee, 

Lieu' David Waterbury, Capt. John Minor, 

Lieu' Sam" Peck, M"" John Sherman. 

Mf Ebenezer Meed, 

Majf Moses Mansfield and Capt. John Clarke are deputed 
by this Assembly in their behalfe to thank M"" Davenport for 
preaching the election sermon and for his great pains therein. 
Capt. Cyprian Nickols, M"" John Allin, M-" Richard Cristo- 
phers and Capt. Jonath. Sellick, are appointed Auditors to 
auditt the Colonies accounts and make return thereof to this 
Court in October next ; any three of them to act in case the 
whole number appear not. 

This Court doth allow to the Treasurer eight and twentie 
pounds in pay for riding the circuit to make up the Colonies 
accounts with the constables this present year. 



1703.] OF CONNECTICUT. 415 

The disposing of the Colonies grain that is collected is by 
this Assembly this Assembly left to the treasurer, to dispose 
thereof as he in his prudence may judge to be most for the 
Colonies advantage. 

Whereas the town of Newlondon hath made application to 
this Generall Assembly that a small tract of land lying on the 
west side the great river in the said town, between the north 
bounds of the said towne and the northeast bounds of tlie towne 
of Lyme and by a strait line from the northeast corner of 
Lyme bounds to the southwest corner of Norwich south bounds 
as the said bounds of Norwich runs, down to Trading Cove, 
and so by the said cove to the said great river, l^e added to the 
township of Newlondon, and a pattent accordingly given for 
the whole township of Newlondon to the proprietors thereof; 
This Court grants that the said tract of land shall be added to 
the township of Newlondon, and a pattent granted to the pro- 
prietors of the said town for the whole township signed by the 
Deputy Govern^ (in regard the Govern"" is concerned therein) 
and Secretary by order of this Generall Assembly ; provided 
neverthelesse that whatsoever proprieties whether of English 
or Indians, that are within the said tract of land, so granted 
and added, shall be, and are hereby reserved and saved, for the 
respective possession, use, and improvement of the severall 
proprietors of the same. 

Whereas upon the motion of the Hon'^'e John Winthrop and 
Wait Still W^inthrop Esqf^ this Court did appoint a comittee 
to find out and renew the bounds of Quinabaug land, and said 
comittee having made return of their doings to this Court, this 
Court doth allow a record thereof as their return or report. 
[114] Vpon the motion of divers of the inhabitants of Col- 
chester, it is ordered by this Court that the rates for defraying 
of town charges arising within the said towne shall be levied 
upon their lands onely. This order to continue during the 
Courts pleasure. 

This Court grants that M-- John Bulkley, Mr Sam" Gilbert, 
M"" Micael Tainter, Sam" Northam, John Adams, Joseph 
Pomery, Sam" Lomis, James Brown, Joseph Pratt, and the 
rest of the proprietors or freeholders in the township of Col- 



416 PUBLIC RECORDS [May, 

Chester shall have a pattent given them for the whole township, 
to be signed according to lawe.* 

Whereas it hath been formerly represented to this Court that 
the great difficulties, inconveniences and hazards that the in- 
habitants of the north part of the town of Windham (called 
Pond Town) were exposed unto by reason of their being settled 
so remote from the south part of the said towne, and by reason 
of the deep and dangerous river lying and ruiling between them 
did necessitate them to make their application for an act of this 
Court to be made, for the dividing and making the said towne 
of Windham to be two townships, which they prayed might be 
done according to a voat of the said towne or agreement made 
amongst themselves bearing date Jan^y the SO^h, 1700, and 
thereupon this Court at their session Octob'" 9'^^ 1701, did ap- 
prove the said voat or agrem' and ordered the same to be re- 
corded ; and also at their sessions May 14*'', 1702, did further 
grant that the said towne of Windham should be made two 
townes, and that the north part thereof (called Pond Town as 
aforesaid) should be a township called and known by the name 
of Mansfield ; and whereas the inhabitants of the said townes of 
Windham and Mansfield have since, viz*, in March last past, 
procured a survey to be made of the lands in their said townes, 
and the division and partition lines to be drawn and marked 
out according to their said voat or aggreement, as by the report 
of the surveyor and platt thereof by him made doth appear, and 
have now made their application to this Court that they may 
have each of them a grant of this Court for the lands belonging 
to them respectively parted and sett out to them by the survey 
made thereof as aforesaid, and each of them be incorporated 
and made a township with all such iiTiunities, priviledges and 
powers as generally other townes within this Colonic have and 
doe enioy, and that they respectively may have pattents granted 
by this Court for the said lands, priviledges and powers accord- 
ingly ; and forasmuch as they are a considerable number of 
inhabitants and a good quantitie of land convenient for two 
townships, 

* The petition of the inhabitants of Colchester for a patent and to have rates levied 
upon lands only is in Towns and Lands, II, 109. It was granted May 27, the last day 
of the session. The patent is recorded in Col. Rec. of Deeds &c. II, 407. 



1708.] OP CONNECTICUT, 417 

[415] Be it therefore enacted by the Govern'", Councill and 
Eepresentatives in GenrH Court assembled, and by tlie author- 
ity of the same it is enacted : That henceforth all that tract of 
land which is the said south or southeast part of the said late 
town of Windham, as now bounded and sett out by tlie lines, 
boundaries, and survey thereof as aforesaid, that is to say, 
bounded on the north partly with a line drawn or run from 
Abaquaug west to Willamantick River, and partly witli a line 
drawne from a certain pine tree (mentioned in tlie aforesaid 
voat or agreement) to the same river, and on the northwest 
with a line drawn from the said pine tree, northeast by north 
five degrees 15 minutes easterly intersecting the north bound- 
arie, and on the west or southwest with the said Willamantick 
River, and on the east with a line drawn fro Abaquaug afore- 
said on the point south by west 4 degrees westerly eight miles 
72 rods in length to a certain tree or place fixed, and on the 
south with a line run from the said tree or place fixed to Willa- 
mantick River, conteining about 41 square miles of land, to- 
gether with that tract of land purchased of Thomas Bucking- 
ham and John Clark of Saybrook Gent, by Ensign Jonatha 
Crane and Thomas Huntington, is and shall be a township and 
called by the name of Windham, as formerly ; and that Joshua 
Riplye, Sam" Whiting, John Fitch, Jonath. Crane, Thomas 
Bingham, Thomas Huntington, Jonatha Ginnings, Rob' Hib- 
bard, Jeremiah Riply, John Beckas, William More, John Wal- 
do, Joseph Cary, Thomas Leffingwell, Jonah Palmer, John 
Broughton, Abram Mitchell, Dan" Edwards, John Reed, Jo- 
seph Huntington, and sundry other persons the proprietors 
thereof, shall have and enioy to them, their heirs and successors 
all the said land bounded as aforesaid, and all such imunities, 
priviledges and powers, as generally other townes in this Colo- 
nic have and doe enioy, and also shall have a pattent made 
unto them for the same lands, imunities, powers and priviledges 
hereby granted, for a full confirmation thereof to them accord- 
ingly. The pattent to be signed by the Governf and Secretary 
in the name of the Gen^" Assembly and sealed according to 
lawe. 

And it is further enacted by the authoritie aforesaid : That 
53 



418 PUBLIC RECORDS [May, 

henceforth all that tract of hxiid which is the said north or 
northwest part of the said late town of Windham, as now 
bounded and sett out by the lines, boundaries and survey 
thereof as aforesaid, that is to say, bounded on the north with 
the aforementioned line drawn from Abaquaug west to Willa- 
mantick River, on the west with the same Willamantick River, 
on the south with the aforesaid line drawn from a pine tree to 
the said river, and on the east or southeast with a line drawn 
from the said pine tree northeast by north 5 degrees 15 min- 
utes easterly intersecting the north boundarie, conteining about 
41 square miles of land, is and shall be a township and called 
by the name of Mansfield, as aforesaid, and that Shuball Dim- 
mick, Joseph Hall, Sam" Stores, Will Hall, Kenelm Winslow, 
Rob* Fenton, Nathan" Bassett, John Arnold, John Davis, Ben- 
[416] jamin Armstrong, Sam'' Stores junr, || Joseph Howes, 
Mary Dunham, Susanna Wade, Peter Cross, Sam'i Fuller, 
AUyn Nichols, Joshua AUin, John Royse, Sam" Linkhorn, 
Sam^^ Bliss, John Gorum, Isaac Chapman, and sundry other 
persons the proprietors thereof, shall have shall have and enioy 
to them, their heirs and successors, all the s*! lands bounded 
as aforesaid, and all such imunities, priviledges and powers, as 
generally other townes in this Colonic have and doe enioy, and 
also shal have a pattent made unto them for the same lands, 
immunities, powers and priviledges hereby granted, for a full 
confirmation thereof to them accordingly ; the pattent to be 
signed by the Govern'' and Secretary in tlie name of the Gener- 
all Assembly and the Colonic seal affixed to it. Provided not- 
withstanding that the inhabitants of the said towne of Mans- 
field shall pay towards the charge of the maintenance of the 
minister of Windham (for and during such time onely as they 
shall be without an orthodox minister of the gospell to preach 
the word of God unto them) according as their proportion shall 
arise and be by the lists of their estates, two third parts of their 
full proportion, (with the said Windham) of the said charge 
and no more. 

Whereas it hath been made appear to this Court that at a 
town meeting in Midltown, or meeting of the inhabitants of 
Midltown, the 18'^ day of Jan^y, 170f , iipon the request of 



1703.] OP CONNECTICUT. 419 

that part of the said inhabitants living on the north side the 
riverett or little ferry river there, by a voat of the inhabitants 
of the said towne, there was a libertie and priviledge granted 
to those the said inhabitants thereof living on the north side 
of the said riverett, at their own proper cost and charge to 
bnild a meeting house and to procure and settle an orthodox 
minister of the gospel amongst themselves, and to maintain 
and uphold the publick worship of God amongst them there ; 
and the said inhabitants on the north side the said riverett 
having thereupon made application to this Court, praying that 
they may have a confirmation of the said libertie and priviledge, 
and that by an act of this Court they may be made a distinct 
parrish and societie by and of themselves, with all such liberties, 
powers and priviledges, as other societies and congregations in 
this Colonic generally have and doe enioy. 

Be it therefore enacted by this Court and the authoritie 
thereof, and it is enacted: That all those persons that now 
[417] II are and hereafter at any time shall be dwellers and 
inhabitants on the north side of the said riverett in the said 
towne of Midltown, are and hereafter shall be one intire societie 
and parish by and of themselves, and shall have and enioy all 
such powers, liberties and priviledges, as other societies and 
congregations in this Colonic generally have, or by lawe may 
liave, enioy and use, for the choosing collectors and levying of 
rates and money for the charge, settlment and maintenance 
of their minister, and upholding the publick worship of God 
among them, from time to time as need shall require. 

And it is further enacted by the authoritie aforesaid : That 
all and every the said dwellers and inhabitants on the north side ' 
the said riverett in Midltown aforesaid, shall bear and pay their 
respective rates and proportions of the said charge to be levied 
upon them according to their respective estates from time to 
time (lying- and being within the said township of Midltown or 
any and every part thereof) as they shall be sett in the generall 
list or lists of the persons and estates of the said town ; and that 
all the rest of the inhabitants of the said towne of Midltown 
shall pay teethe maintenance of the minister of the south side 
of the said riverett from time to time as formerly. 



420 PUBLIC RECORDS May, 

Provided always, that all the inhabitants that are or shall be 
on the south side the said rivulett and all the inhabitants that 
are or shall be on the east side of the great river within the 
bounds of Midltown with their estates wherever they lye in the 
said towne, sliall pay towards the charge of the ministrie on 
the south side of the said rivulett. 

Provided also neverthelesse, that all and every of the said 
inhabitants on the north side the said riverett, untill they shall 
have an orthodox minister of the gospell in the exercise of 
preaching the word among them, shall pay their parts of the 
charge of the maintenance of the present minister of the said 
town as formerly. 

M"" Joseph Hand of Gilford preferring a petition to this 
House, signed by severall inhabitants of said Gilford living on 
the east side of their Neck River, wherein they pray for a lib- 
ertie to provide a minister and build a meeting house, and be 
a societie by themselves : This Court doe grant their petition 
upon the same conditions that the town have granted them,*no 
wayes obliging any other of their neighbours to joyn with them 
without their consent. 

Vpon the request of Plainfield inhabitants to have the libertie 
and approbation of this Court for the calling their minister to 
office, viz, Mr Coit, to to pastorall office amongst them, this 
Court grants their request, they taking the advice and concur- 
rence of the neighbouring ch arches and elders. 

The inhabitants of Plainfield addressing themselves to this 
Court for a dividing line to be stated between the east and 
westjside inhabitants, and the line proposed for a division its 
feared will prove very preiudiciall to the field on the east side, 
therefore doe order that the river be the dividing line between 
the east and, west inhabitants, from the north to the south end 
[418] of said town bounds, || and doe also order that the in- 
habitants of the west side doe pay towards the maintenance of 
the ministrie on the east side in the same proportion according 
to their estates, with the inhabitants of the east side, till they 
have an orthodox and approved minister orderly settled 
amongst them. This Court doe also order that the way of 
raising the said, maintenance, shall be upon the pole and stock 



1703.] OP CONNECTICUT. 421 

and lands that are or shall be improved, the first year of im- 
provement onely to be exempted. 

Vpon the request of the inhabitants of Plainfield, this Conrt 
grants them freedom from paym* of countrey rates for Lvvo 
years. 

Joseph Seldin petitioning this Assembly that some meet 
persos be appointed to measure Lyme bounds from the sea 
northward, that so it may be known whether his farme be in 
Lyme bounds or in the bounds of Haddum, that it may be 
known also where he ought to pay his rates, and may by this 
Assembly be fixed in the inioyment of the rights and priviledges 
that doe belong unto him: this Court doe not see cause to ap- 
point any man to measure Lyme bounds, but doe order the said 
Seldin to pay his ministers rate to the minister on the east side 
of Haddum. 

Ordered by this Court, that the bounds between Haddum 
and Lyme shall be and continue as they were stated by aggree- 
ment of committees of both townes May T'^'s 1673, and after- 
wards confirmed by the Gen""" Assembly. 

This Court doe grant to Woodbury an addition to their 
township, viz*, from the west bounds of Waterbury upon a 
parralel line to the northeast bounds of the purchase made by 
the good people of Milford at Wiantonock. 

Mr John Griswold, M^ James Hooker, and M"" Caleb Stanley, 
are appointed to lay out the town plott at Cokinchauge at the 
proper charge of the proprietors there. 

This Assembly doth impower the gardian of M^ Hezekiah 
Tallcott to sell a convenient number of lotts out of the said 
Hezekiahs land at the place called Cokinchauge, to accoinodate 
the inhabitants there with a convenient place for a town platt, 
according to the proportion due from the said Hezekiah for 
settling the said towne. 

Ordered by this Court that the surveyor of the countie of 
Fairfield doe erect monuments and affix boundaries in the line 
between Greenwich and the town of Rye, according as inserted 
in the pattents of the said townes, and the same to be done at 
the cost and charge of the said Greenwich, notice to be given 
of the survey to the town of Rye. 



422 PUBLIC EECORDS [May, 

Whereas the Genm Court holdeii at Hartford Octob"- the 
13t'i, 1687, did ^-aiit to M^ Giles Hamlin three hundred acres 
of land to be taken up where it might not preiudice any former 
[419] grant to any person or || plantation, and the Generall 
Court holden at Hartford Octob'- the IS^h, 1681, granted to M'' 
Nathan" Collins two hundred acres of land upon the same 
termes for his good service, this Court appointed M"" Caleb Stan- 
ley, the countie surveyor, M"" William Pitkin, and William 
Cornwell sen^" of Midltown, to lay out the aforesaid tracts of 
land for the persons concerned, according to the limitations 
above expressed. 

The return of the comittee appointed to lay out land to the 
heirs of John Plumb.* 

We whose names are under written being appointed a com- 
ittee to lay out to the heirs of M.^ John Plumb deceased eightie 
acres of land have done the same as followeth : beginning at a 
great wliite oak tree on a hill, which tree is the Govern^s and 
Mr Saltonstalls north east corner marked W : S : P : running 
south 160 rod by markt trees to a white oak tree neer a long 
valley, which tree is the southwest corner, thence east by markt 
trees 80' rods to a black oak tree by a ledge of rocks on the side 
of a hill, marked on four sides, and P : R, which is the south- 
east corner, so 160 rod north to a small walnutt tree in a ridg 
of rocks by a gutter, markt on four sides, and P : E, so west by 
markt trees to the first bound ; this tract being according to the 
grant eiglitie acres. This tract of land lyeth east of the great 
pond about f of a mile, beginning west with the Governours 
and M"" Saltonstalls land, east with Sam" Rogers his land, 
north and south with comon, highway allowed. 

Newlondo, March 1, 170f . Surveyed by us, 

John Prents, 
John Hough. 

The abovementioued eighty acres of land is surveyed and 
laid out for the heirs of John Plumb with the approbation of 
this Assembly, provided it doe not preiudice any former grant. 

This Assembly doth grant liberty to Capt. Daniel Clerk to 
recieve of Owaneco one hundred acres of land, at the norwest 
corner of Newlondo now bounds, bounded westerly with the 
great pond, northerly with Norwich line, southerly with the 
lands of Govern"" Winthrop and M"" "Saltonstall, and easterly 
with a small brook rufiing north and south, highways excepted. 

* Original in Towns and Lands, II, 110. Passed the lower house May 26. 



1703.] OF CONNECTICUT. 423 

Provided alwayes that Owaiieco have a right there, and also 
reserving and saving any other title. 

The return of the comittee appointed to lay out 50 acres of 
land to Samuel Rogers. 

We whose names are underwritten, upon the desire of Sam^^ 
Rogers jun"" have laid out to him fiftic acres of land, being a 
countrey grant, beginning at a black oak tree which is the 
southeast corner of land laid out to the heirs of John Plumb 
deceased, markt on four sides and with the letters P: R, run- 
ing east 50 rods to a chestnutt tree among severall small ledges 
of rocks, near a swamp, markt on four sides and R, which is 
the southeast corner, so IGO rod, to a small black oak tree on a 
hill, markt on four sides and R, then went 50 rods to a walnutt 
.tree on a ledge of rocks by a gutter, which is the said Plumbs 
northeast corner, then south 160 rod to the first bound ; west 
joyning to said Plumbs land, east, north and south with the 
comon; this tract lying east of the great pond, high way es 
allowed. John Prents, 

Newlondon, March the 1«S 170|. John Plumb. 

The abovesaid survey and laying of 50 acres of land to Sam'i 
Rogers is approved by this Assembly provided other rights be 
not preiudiced. 

[420] This Court doth appoint and impower the surveyor of 
the countie of Hartford, and John Marsh jun'' of the town of 
Hartford, to lay out to the heirs of M"" Isaac Foster the two 
hundred acres of land granted to him by this Court, according 
to his grant. 

M"" Caleb Stanley, countie surveyor, is by this Court ap- 
pointed to lay out to M"" Nathan" Stanley the land granted to 
him by this Court, according to his grant. 

This Assembly doth appoint and impower the surveyor of 
the countie of Hartford, with the assistance of the Surveyor of 
one of the townes in the said countie, to lay out to the heirs 
of Sam" Hale sixtie acres of land, and also fiftie acres of land 
to the heirs of Thomas Hale, according to the ten"" of their 
grants, not infringing upon any former grants ; the said lands 
being granted to the parties above named for their service in 
the Pequott warre. 

This Assembly doth appoint and impower Capt. Thomas 
Hart and M"" Caleb Stanley, surveyor, to lay out to James Bird 



424 PUBLIC RECORDS [May, 

one hundred acres of land granted to him in October last, ac- 
cording to his grant. 

This Assembly appoints and impowers the surveyor of the 
countie of Hartford with one of the town surveyors in the said 
countie, to lay out to the heirs of Richard Smith of Glassenbury 
dec^, one hundred and fiftie acres of land formerly granted to 
M"" Sam'^ Martin, he haveing purchased the same of M'' Mar- 
tin. Alwayes provided it be not already taken up. 

This Assembly doth appoint and impower the surveyor of 
the town of Fairfield to lay out to M"" Joseph Curtis of Strat- 
ford one hundred and fiftie acres of land granted to him by 
the Generall Assembly holden at Hartford Octobr the 12^'% 
1699, according to his grant. 

This Assembly doth appoint and impower the surveyor of 
the countie of Fairfield to lay out to Daniel Shilton of Strat- 
ford two hundred acres of land granted to him by the Generall 
Assembly holden at Hartford May the 9tii, 1700, according to 
his grant. 

John and Marie Wilson of Rye in the Province of Newyork 
petitioning to this Court that they may have a return of three 
hundred acres of land lying in the township of Greenwich and 
formerly in the possession of Thomas Lyon dec" : This Court 
having heard and considered said petition doe order that the 
sons of said Lyon, viz', Sam'^ and Joseph Lyon, doe pay the sume 
of fiftie pounds in currant money of this Colonic, to be paid 
within the space of one year, unto the said John and Marie 
Wilson, tlie said John and Marie Willson giving them quitt- 
claim to the land abovesaid ; and in failure thereof said John 
arid Marie Wilson may take out an execution against so much 
[421] of the land of said Sam^^ and Joseph Lyon || in Green- 
wich aforesaid as may satisfie the said suiiie of said fiftie pounds ; 
and the said Sam^ and Joseph Lyon to bear the charges of this 
Court. Charges allowed is two pounds fifteen shillings and 
sixe ponce pay, and one pound seven shillings in money. 

Liberty and full power is by this Assembly granted to Sam" 
Cook and John Parmele, administrators on the estate of Thomas 
Cook late of the towne of Gilford dec^, to make sale of the 
housino; and homelott of Samuel Cook sone of said Thomas 



1703.] OP CONNECTICUT. 425 

Cook, left to him by his said father and divided to him by order 
of the court of probates as part of his portion ; the said admin- 
istrators acting in the said sale with the advice and assistance 
of M"" James Hooker, who is joyntly impowered with them 
therein. 

This Assembly doth fully impower M"" Richard Cristophers 
and Sarah Carpenter to sell so much of the lands of David Car- 
penter, late husband of the said Sarah, as shall be needfull to 
be sold for paym* of her said husbands debts, 

Sarah Brinsmead of Stratford, widdow and relict of Daniel 
Brinsmead late of the said towne dec^, making her application 
to this Court for pow to confirme a certain exchange of a par- 
cell of land made by her late husband with Daniel Mitchell of 
said Stratford, this Court doth grant her request and fully im- 
power the said Sarah Brinsmead to confirme the exchange of 
land aforesaid by giving ample deed of sale according to lawe. 

This Court doth appoint and fully impower M^ Richard* Cris- 
tophers and widdow Marie Pemberton to make sale of the 
dwelling house in Newlondon with the land adioyning thereto, 
which did belong to her deceased husband Joseph Pemberton, 
and the money it is sold for to be divided, one third part to the 
widdowe during her naturall life, and the remainder to be 
divided by the court of probates at Newlondon according as 
the lawe directs. 

This Assembly grants full power to Sarah Bull, relict of Maj"" 
Jonathan Bull late of Hartford dec^', to give deeds to M"" Sam" 
Allin of Windzor for part of a certain house and a parcell of land 
lying in the township of Windzor, formerly belonging to Na- 
than" Lomis of Windzor aforesaid, and sold to the said Sam" 
Allin by said Jonath. Bull in his life time and deeds not given 
for it. 

This Court grants libertie to Elizabeth Strickland relict of 
Joseph Strickland of Symsbury, to sell part of a sawmill which 
he inguaged with other to build but deceased before it was 
finished, and his widdow and relict unable to carry on the worke 
for want of estate. 

This Assembly grants full power to James Handerson, ad- 
ministrator on the estate of John Graves late of .the towne of 
54 



426 PUBLIC RECORDS [May, 

Hartford dec^, to sell so much of the land of the said John 
Graves as may be sufficient for paymt^^ of his debts, taking the 
direction of the court of probates therein how much shall be 
necessary. 

This Assembly doth fully impower the administrators of the 
estate of Joseph Benham late of the town of Wallingford dec^, 
[422] to II sell so much of his lands as may (with what of his 
moveable estate can be spared) pay his just debts, alwayes pro- 
vided said administrators have the advice and approbation of 
Deaco John Hall and M'" Jn" Merriman. 

Whereas M'" John Collins obteined a libertie for Dorcas Col- 
lins to sell one acre of land by an act bearing date Octob'", 1702, 
and the act of the Lower House was in the year 1700, this 
Court doth declare said act to be null and void. 

Ordered by this Court that a record of a house and land 
granted to M'^^ Elizabeth Wells and her child be suspended 
untill'the Gen""!! Court in October next, unlesse the persons 
concerned shall aggree otherwise. 

This Assembly doth hereby impower Abraham Finch and 
Isaac Finch of the town of Stanford, with tlie advice of Capt. 
Jonath. Sellick and Lieu^ David Waterbury to sell so much of 
the land of Isaac Finch late of the said town dec^, as shall be 
needfull for paym* of debts due from the estate of the said Isaac 
Finch dec^. 

The Rever'^ M"" Jeremiah Hobart moving to this Court that 
by reason of the inhabitants of Haddum not performing what 
they have inguaged to him, whereby he is brought into a lowe 
condition, and himselfe and his familie greatly exposed to want 
what is necessarie, but said M'' Hobart not having given any 
notification to said towne, this Court doe therefore order that 
said town of Haddum doe forthwith make good their obligation 
to M'' Hobart, or appear at the next Gen""'! Court at Newhaven, 
and there give their reasons of their not so doing. 

William Billing and Caleb Fobes, both of the town of Pres- 
ton, requesting of this Court that John Plumb of Ncwlondon 
with two more suitable persons be appointed to new survey the 
said towne of Preston from Stonington bounds to the north end 
of Preston bounds and to make report what quantitie of land 



1703.] OF CONNECTICUT. 427 

may be wanting to make up the sufhe mentioned in their grant 
(which they declare that they thinke it reasonable that it ought 
to be made up) this Court grants their request with this pro- 
viso, viz*, that the worke be done at the charge of the town of 
Preston. 

M'' John Hough is by this Assembly appointed Lieu* of the 
trainband in Newlondon under the comand of Capt. Dan" 
Wetherell, and Noah Wells to be Ensign of the same band. 

Lieu' Joshua Robbins of the town of Wethersfield is by this 
Assembly appointed Capt. of the trainband at the south end of 
[423] the said town, Ensign Jonath. Borma || to be their Lieu- 
tenant, and Jonatha Beldin to be their Ensign. 

M'" Shuball Dimmick is by this Assembly appointed Lieu- 
tenant of the souldiers in the town of Mansfield. 

Abraha Fowler is by this Assembly appointed Capt. of the 
trainband in the town of Gilford, and John Seward to be their 
Lieutenant. 

Ensign Timothie Stanley is by this Assembly appointed Lieu- 
tenant of the trainband in the town of Waterbury, and Serj** 
Thomas Ju.d to be their Ensign. 

M"" John Sprage is by this Assembly appointed Ensign of 
the trainband in Lebanon. 

And all the aforesaid officers are to be comissionated accord, 
ing to lawe. 

Whereas complaint hath been made of some Indians coming 
in a riotous maner to Colchester, which this Court doth highly 
resent, but said Indians not being present this Court doe not 
see cause to proceed to any act respecting said Indians, but doe 
require them to make no more such disturbance but if they 
have any title to lands there, they may make their Application 
to this Court (giving the English notice) and they shall have 
a hearing and have right done them ; and this Court doth also 
order that their gufies be returned, they paying the charges of 
their carrying to Newlondon. 

Sam^i Rogers complaining that Ben Vncas pulled down his 
fathers house at Pomachaug, this Court referres the said 
Rogers to comon law. 

Daniel Harris petitioning this Court that there may be a 



428 PUBLIC RECORDS [May, 

nullitie of his fathers will, this Court doe not see cause to hear 
his petition, judging it by lawe not cognizable by this Court. 

Ordered by this Court that the Clerk of tlie Lower House 
shall every sessions of the Generall Court in May and October 
take the following oath, viz. 

You E. S. being chosen Clerk of this House of Representa- 
tives for this present sessions doe swear by the great name of 
God, that you shall keep the secrets of this House of Repre- 
sentatives, and carefully execute the and carefully execute the 
place and office of a Clerk according to the best of your skill, 
and shall truely and faithfully record all acts and orders of this 
house, and deliver true copies when they shall be necessarily 
required of you. So helpe you God. 

Concluded by this Assembly that an addresse be sent to her 
Majestic to supplicate her favour for a suspension of paying 
money to Newyork considering the expences we are or may be 
out for fortifying our selves ; as also a letter to the Lord Corn- 
bury to informe his Lordship of our application to her Majestic 
in that behalfe. 

• The Rever'^ M"" Timothie Woodbridge and M"" Gurdon Sal- 
tonstall are desired and appointed by this Assembly to drawe 
up the addresse to her Majestic, and the letter to the Lord 
Cornbury.* 

This Assembly grants to M^ John Elliott, Speaker of the 
Lower House, fortie shillings for his service at this sessions, 
and to Capt. Eleazar Stent- thirtie shillings for his service as 
Clerk, and to the constable for his attendance upon the Lower 
House three shillings and sixe pence p"" day. 
[424] Capt. William Whiting, administrator of the estate of 
Sam^ Fitch late of the town of Milford dec', praying this Court 
to recall the acts of M'' John Herriman done by said Herriman 
as administrator of said estate : vpon the consideration of the 
whole matter this Court doth grant his petition and declare his 
•said acts to be void and of none effect, especially his distribu- 
tion to M'' Mungo Nesbitt ; and that the obligation from M"" 
Alexander Brian to M"" Mungo Nesbitt, being in consideration 
of a legacie due to the wife of the said Sam" Fitch out of said 
Bryans estate, be altogether void and of none effect. 

* The draft of the address to the Queen is in For. Corresp., 1, 102 ; that of the letter 
to Lord Cornbury is in War, III, 60. Both are in the handwriting of Mr. Saltonstall. 



1703.] OF CONNECTICUT. 429 

The case depending in this Court between Jonathan Ashly 
sen"" and Ebenezer Spencer, both of the town of Hartford, is 
referred to a further hearing in May next ensuing, viz. in May 
1704. The petition and complaint of Jonath. Ashlie again"^ 
ye said Ebenez'' Spencer is upon file. 
Survey of land for M"" Caleb Watson exhibited in y'' Court. 
At the desire of M^" Caleb Watson of Hartford we under- 
written have surveyed a piece of land for him being a countrey 
grant of 200 acres, beginning at the south side the litle pond 
ruiiing west about fortie rods to Capt. Wetherell southeast 
corner, then south one hundred and twentie rods to a rock 
which is Attwells corner, then east southerly two hundred and 
fortie rod to a chestnutt tree marked on four sides standing by 
the roade between Norwich and Lyme, then northeast to a 
brook that comes out of the litle pond aforesaid, and so to the 
said pond, and to the first bound, being two hundred acres. 
Bounded north with Richard Mannering, west with Capt. 
Wetherell, south with Attwells land, and by W'" Dodges cast 
with the brook that comes out of the pond as above. 

John Prents, 
John Hough, 
John Plumb. 

This Assembly doth grant to M^ Caleb Watson of Hartford 
the two hundred acres of land above described, and doe order 
that he shall have a pattent for it to be signed by the Govern'' 
in the name and behalfe of this corporation for confirmation 
thereof to him and his heirs forever according to lawe ; alwayes 
provided it doth not infringe upon any former grants. 

Bill of cost allowed to M^ Mathew Griswold cont"" Lieu' 
Abralia Brownson for his attendance at the Geni"!' Assembly 
May, 1702, upon the citation of the said Abr. Brownso amount- 
eth to one pound sixteen shillings pay. Execution is issued 
out upon this judgment. 

Cost allowed to Lieu*^ Abraham Brownson for his attendance 
at this Assembly upon the citation of Joseph Seldin is one 
pound four shillings. 

Cost allowed to John Parker for his attendance at this Court 
in behalfe of the select-men of the towne of Saybrook to answer 
M"" George Gates, M"- Daniel Brainard, M^ Daniel Cone, agents 
for the town of Haddum, is one pound twelve shilling and 
sixe pence. 



430 PUBLIC RECORDS [May, 

Cost allowed to John Harris of Midltown and Sam'^ Bidwell 
for attendance at this Conrt upon the citation of Dan^^ Harris 
of s^' town is twentie shili. 

Cost allowed to Capt. Wili Eeely, Ens. Joseph Peck, and 
Mathew Griswold for attendance at this Court to answer the 
petition of the inhabitants of Haddii on y^ east side of y^ great 
river, is two pounds one shilling, 8^ of it cash. 
[425] John Winthrop Esqf of Newlondon in her Majesties 

Colonic of Connecticutt complaineth to the Hon^ie General 

Assembly sitting at Hartford, the thirteenth day of May, 

1703, ag' Maj"" James Fitch of Plainfield in the Colonic 

aforesaid, Assistant. 

That the said Fitch, who was an Assistant of the said Colo- 
nic on the tenth and eleventh dayes of March last past, admin- 
istred divers oaths to severall witnesses produced at said New- 
london, in the case relating to the contest of the last will of M"" 
John Liveen of said Newlondon, by Nicholas Hollam of the 
same place, appellant in the said case, wherein also the said 
John Winthrop is one of the respondents ; the said Winthrop 
having deputed M"^ Gurdon Saltonstall of said Newlondon to 
appear in his behalfe at the taking of said evidences, in order 
to crosse-examine the said witnesses, and the said Saltonstall 
appearing at the said time and shewing lawfull power from the 
said Winthrop to appear in his behalfe, desired of the said Fitch 
that he might be present at the taking of the said evidences in 
order to the said crosse-examining of the said witnesses if there 
should be need. The said Fitch did neverthelesse, contrary to 
an order in Councill of his late Majestic William the third, and 
contrary to her present Majesties order in Councill bearing date 
March the IS'h, 1701, both which orders doe expressly mention 
and relate to the said case, as also contrary to the express lawe 
of this Colonic title Witnesses, pag. 116, and rejDugnant to the 
Assist'^ oath, in the formes of oaths pag. 87, cause the said 
Saltonstall to be removed, and refused to suffer him to be pres- 
ent, that he might crosse-examine the said witnesses ; whereby 
the said Winthrop was then and hath been hitherto debarred 
of the libertie to interrogate the said witnesses- upon the evi- 
dences they gave in. And also the said Winthrop complaineth 
against the said Fitch, that at the time aforesaid he did admin- 
ister an oath to Maj"" Edward Pahues, one of the witnesses pro- 
duced by the said Hollam, and examined the said Palmes on 
the said oath in the behalfe of the said Hallam, notwithstand- 
ing the said Palmes did then declare to the said Fitch that he 
would not answer to any questions that should be put to him 



1703,] OF CONNECTICUT. 431 

under oath in behalfe of the said Winthrop ; and the said Fitch 
did therefore frame and administer a new oath to the said 
Palmes whereby he was no waycs obhged to answer fnlly and 
truely to any questions that should in behalfe of said Winthrop 
be put to him by way of crosse-cxamination. By which male- 
administration in the perticulars mentioned the said Fitch liath 
debarred the said Winthrop of the priviledge by lawe belong- 
ing to him, whereof he prayes relief of this Assembly, and that 
he the said Winthrop may have libertie of crosse-examining the 
said witnesses before some person or persons capable in the lawe 
to take such examinations, and that some order of tbis Assem- 
bly may be given therefore. J. Winthrop.* 

This Assembly having considered the bill exhibited by John 
Winthrop Esqi" complaining of the male-administration of Maj"" 
James Fitch, Assistant, in his irregular proceedings in the ex- 
amination of witnesses in the case relating to the contest of the 
last will of John Liveen of Newlondon, and having heard and 
[426] considered the || evidences thereof that have been pre- 
sented, doe find that the said James Fitch is culpable for male- 
administration in the premises, not proceeding according to 
order of lawe, and the same examinations not being regularly 
taken by him, doe now order a further examination of the evi- 
dences in the case aforesaid. 

The persons appointed by this Assembly for that service are 
Richard Buslmell and Nehemiah Palmer, justices. 

Miriam Gillett, widdowe, being unsatisfied with the settlment 
of the estate of her father Thomas Dibble of Windzor dec', 
made by the court of probates at Hartford Novemb"" 13, 1701, 
grounded upon a writing presented in said court of probates 
as the last will and testament of her said father, petitioned this 
Assembly for libertie to contest the said will in the court of 
Assistants in May next. This Court grants her petition. 

This Court doe order William Pitkin Esq"-, Capt. Will Whi- 
ting and Mr Caleb Stanley jun^, to sett up monuments in such 
place where the line by the last exact observation was found 
that it ought to run between the Colonic of Connecticutt and 
the Province of the Massachusetts, which is three miles from 
the station at the southermost bend of Charles River, as also 



* The original of the above complaint together with evidences is in Misc., I, 
130-133. 



432 PUBLIC RECOEDS [May, 

to take such persons with them as may be needfull to testifie 
where the said line was then found to run. 

This Assembly doth make choice of M"" John Merideth, res- 
ident in Fairfield, to be Surveyor for the countie of Fairfield. 

Whereas the Govern'' and Company of this Colonic in Gen'''^ 
Court assembled in Hartford May 14th, 1685, did by their act 
fully impower and authorize the Govern ■" and Secretary of this 
Colonic for the time being, in their name and behalfe to give 
patents or deeds of conveyance and confirmation, to the sev- 
erall proprietors of every township within this Colonic, of all 
the lands and rights and appurtenances thereunto belonging 
with severall other priviledges and imunities to them, their 
heirs, successors and assignes forever ; and also by their act did 
confirm and rattifie all sequestrations and donations of lands 
to pious and publick use, and that they should stand firme and 
vallid to their respective uses and improvements forever, as by 
the said act will more fully appear : The present Govern'' and 
Companie of the said Colonic in Genf'' Court assembled, hav- 
ing well considered the severall pattents or deeds of conveyance 
and confirmations which pursuant to the power granted by the 
[427] forementioned act have been given 1| by the Govern'' and 
Secretary of this Colonic under the publick seal thereof to the 
proprietors of the respective townes within this Colonic here- 
after mentioned, their heirs and successors, viz. a patent to the 
proprietors of the township of Hartford, bearing date the 26* 
May, 1685, and sign'' R. T. Govern'' and John Allin Secy, and 
a pattent to the proprietors of the town of Windzor, bearing 
date the twentie sixt of May, 85, and a pattent to the proprie- 
tors of the town of Wethersfield bearing date the 17 ^^ Febr. 
85, and a pattent to the proprietors of the town of Farmington 
bearing date the 2Q*- of May, 85, and a pattent to the proprie- 
tors of the town of Symsbury bearing date the 11 'h March, 
85-6, and a pattent to the proprietors of the town of Midltown 
bearing date the 11 'h March, 8^, and a pattent to the proprie- 
tors of the town of Lyme dated ll^h May, 85, and a pattent to 
the proprietors of the town of Stanford dated 26 May, 1685, and 
a pattent to the proprietors of the town of Stratford dated 26 
May, 85, and a patent to the proprietors of the town of Fair- 



1703.] OF CONNECTICUT. 433 

field dated 26 May, 85, and a pattent to the proprietors of the 
town of Milford dated 25 May, 85, and a pattent to the proprie- 
tors of the towne of Norwich dated 26^ May, 85, and a pattent 
to the proprietors of the towne of Saybrook dated 26 May, 85, 
and a pattent to the proprietors of the town of Gilford dated 7 
December, 85, and a pattent to the town of Newhaven dated 
6* Janu^y, 85, a pattent to Branford dated 16 Feb., 85, a pat- 
tent to Kenelworth dated 26 May, 85, a pattent to Woodbury 
dated 17th May, 86, a pattent to Stratford dated 14 May, 86, 
a pattent to Norwalk dated 8^^^ July, 86,* a pattent to Had- 
dum dated 8 Feb"", 86, a pattent to Waterbury dated 8 Febf, 
86, a pattent to Newtown or Preston dat. 4 Feb"", 86, pattent 
to Wallingford dated 4 March, 8f , a pattent to Greenwich dated 
20''! May, 97, signed R. T. Gov, E. K. Sec-y, pattent to Kenel- 
worth addition dated 17'h May, 99, J. W. Gov, E. K. Secy, 
a pattent to Danbury dated 20'^!' May, 702 : — 

The said Govern'' and Company now in Gen'''^ Court assem- 
bled doe enact, and it is hereby enacted by the authoritie of 
the same: That all and every the severall abovementioned 
lands with all the rights, priviledges and imunities conteined 
in the abovementioned pattents shall be and remain a full and 
clear estate of inheritance in fee simple to the severall propri- 
etors of the respective townes, either mentioned, or included 
and intended in the said pattents, to them, their heirs and 
assignes forever. And also that all those abovementioned lands 
sequestred and given to publick and pious uses, shall remain 
[428] forever for the same, || yet reserving intire to each and 
every respective towne their antient and stated bounds as 
established by the grant or settlment of the Gen^iJ Assembly 
of this Colonic, by aggreement, or any other lawfull way 
arising, any thing in this act conteined to the contrary not- 
withstanding. 

* In the original bill, which passed both houses May 27, 1703, Towns and Lands, 
II, 111, next follows, " Wabaquassett page 161." The page refers to Col. Eec. of 
Deeds, Vol. II. This pattent is dated July 8th, 1686, a?ite, vol. Ill, 202. 



55 



434 PUBLIC RECORDS [Oct. 

Att a Gen^"^^ Assembly holden att Newhaven October the 
14th, 1703, and continued by adiournment to the 
end of the 22^ day op the same month. 
Pi'esent : 
The Honbie the Govern •", 
The Hoiibie the Deputy Govern''. 
Assistants present : 
Majr James Fitch, William Pitldn Esq»", 

Capt. Danii Witherell, Joseph Curtis Esq"", 

Nathanii Stanley Esq"-, Maj'- John Chester, 

Capt. John Hamlin, Josiah Rossiter Esq"", 

Capt. Nathan Gold, Peter Burr Esq^ 

Deputies present: 

For Hartford, Capt. Cyprian Nichols, Capt. Joseph Wadsworth. 

For Newhaven, M"" John Ailing, Lieu* Tho. Talmage. 

For Fairfield, Lieu* John Wakeman, M"" Sam" Hubball. 

For Newlondon, M"" Nehemiah Smith, M"" William Douglas. 

For Windzor, M"" John Elliott,'^ Capt. Mathew Allin. 

For Midltown, Capt. Nathan^ White, M"- Sam^^ Bidwell. 

For Saybrook, M"" Nathan"'^ Lynde, Capt. John Clarke. 

For Branford, Capt. Eleazar Stent,! ^^'^ Peter Tyler. 

For Gilford, Capt. Abraham Fowler, M"* James Hooker. 
Gilford Deputies came OctoV IS"". 

For Wethersfield, Capt. Tho. Wells. 

For Farmingto, Lieu^ John Judd, Ens. John Hart. 

For Norwalk, M'' Sam'' Hayse, M-" Sam" Keeler. 

For Windham, M"" Joshua Riplye. 

For Kilinworth, M"^ John Griswold, M'' Rob* Lane. 

For Preston, M"" John Richards. 

For Glassenbury, M"" Jonath. Smith. 

For Norwich, Lie^ Solomo Tracie. 

For Symsbury, Serj' Nathan" Holcam, Serj' Dan" Addams. 

For Stoningto, Lieu*^ Nehem'i Palmer. 

For Greenwich, M>- Ebenezr Meed, M"" Tho. Marshall. 

For Haddu, M'' Daniel Brainard, Capt. John Chapman. 

For Stanford, M^ Sam'i Hoyt. 

* Speaker. f Clerk of the lower house. 



1703. J OP CONNECTICUT. 435 

[429] For Stratford, Capt. James Jiidson, M"" Benja'^ Curtis. 

For Wallingford, M"" Sain'i Hall, M'' John Merrima. 

For Waterbiiry, Eiisig. Tho. Jiidd. 

For Derby, Capt. Eben. Johnson. 

For Lyme, Capt. William Eely, Lieu^ Abraha Brownson. 

For Milford, M^ Thomas Clark, Capt. Sam'i Newton. 

Acts 'passed at this Assembly. 
Whereas by reason of the death of one of [the] principall 
members* of the Court of Assistants appointed to be holden at 
Newhaven on the first Thursday of this instant month, and the 
inabilitie of others to travail by reason of indisposition and the 
extremitie of the season, the said Court could not be held and 
kept at the time by lawe prefixed, for which (if due provision 
be not made) great delay of justice, and consequently great 
expences to the suitors in the said Court will ensue ; therefore 
for the reviving and continuing of all maiier of actions and 
pleas lately depending, and all mailer of processe that were 
returnable or depending in the said Court, and which were 
discontinued and put without day by the not holding the said 
Court: Be it enacted ])y the Govern ■", Councill and Repre- 
sentatives in Genrii Court assembled, and it is hereby enacted 
by the authoritie of the same : That all j^leas, writts, actions, 
suits, plaints, processe, precepts, or other things whatsoever, 
that were returnable, or that had day or dayes in the said Court 
of Assistants to have been holden and kept as aforesaid, shall 
stand continued and be revived, and are hereby continued and 
adiourned unto, and shall and may be pleaded, heard, and pro- 
ceeded upon, at the Court of Assistants to be holden at New- 
haven on the third Wedensday of November next ensuing, by 
the same Judge and Assistants as were appointed to hold the 
said Court in this instant month ; and that all parties that had 
day by any pleas, writts, bills, actions, suits, plaints, processe, 
precepts, or other thing or things whatsoever, at or in the said 
Court to have been kept as aforesaid, shall respectively appear at 
the said Courtof Assistants to be holden at Newhaven on the third 
Wedensday of November next, under the penaltie of forfeiting 

* Major Moses Mansfield, who died October 3d, 1703. 



43G PUBLIC RECORDS [Oct. 

any obligations or recognizances conditioned for tlie appearance 
of the said parties at the said Court to have been holden in this 
instant month, or under any other penaltie that might have 
incurred upon the said parties for not appearing at the said 
Court of Assistants to have been holden at Newhaven in this 
instant month, if the same had been there held and kept. 
Provided : That where it happens any person or persons being 
principalis that were under bond, obligation, or recognizance, 
for appearance at the said Court of Assistants to have been 
holden at Newhaven in this instant month as aforesaid, are 
since removed and gone beyond sea, or out of this Colonic, and 
shall not be returned before the sitting of the said Court to be 
holden at Newhaven at the day abovesaid, it shall be in y^ 
power of the said Court upon motion made in that behalfe, and 
they are accordingly to allow a continuance of any such bond, 
obligation or recognizance, to such further time as shall be 
thought necessary, that no persons concerned may be surprized, 
or have advantage unreasonably taken against them. 

It is ordered and enacted by this Court : That if it so fall out 
that there be not so many of the Assistants convened as to make 
a quorii for the Court of Assistants, at such time as is appointed 
[430] to hold said Court, then it shall || be lawfull for any 
three of the Assistants that shall be present to open the Court, 
and to adiourn it again untill such time as there may be so 
many Assistants convened as to make a quorum. 

It is ordered and enacted by this Court : That if it so fall 
out, that by the providence of God any of the judges of the 
countie courts, or court of probates, be inevitably hindred that 
he cannot attend the court, then there being a number of jus- 
tices to make a quorum, said justices shall choose a Judge 
among themselves who shall preside for that court. 

An Act for suppressing Unlicensed Houses, and the due regu- 
lation of such as are or shall be lycensed. 
It is ordered and enacted by this Court : That no person or 
persons whatsoever dwelling in this Colonic (otl^er then such 
as upon producing certificate from the towne where they dwell, 
or who shall be otherwise thought fitt by the justices themselves, 
shall be licensed by the countie court) may presume to be a 



1703.] OF CONNECTICUT. 437 

comon victualler, innholder, taverncr, or seller of wine, beer, 
ale, cyder, or strong liquors by retail ; nor shall any presume 
without license to sell wine or strong liquors privately by a Icsse 
quantitie then a quart of strong liquors or wine, or a gallon of 
metheglin, cyder, or beer, and that delivered and carried away 
all at one time, on pain of forfeiting the sunie of fortie shillings 
for every such offence upon due conviction thereof, one halfe 
thereof to the informer, and the other halfe to the poor of the 
towne where such offence is committed ; and upon the second 
conviction beside the forfeiture of fortie shillings as aforesaid, 
shall enter into recognizance with one or more sureties for the 
good behaviour, especially not to transgresse the lawe in that 
respect. 

And whereas divers illdisposed and indigent persons the pen- 
alties in the lawe not regarding, are so hardie as to presume to 
sell and retail strong beer, ale, cyder, perry, metheglin, wine, 
rum, or other strong liquors, or mixt drinkes, and to keep tip- 
ling houses therein harbouring and enterteining apprentices, 
Indians, negroes, or other servants, and other idle and dissolute 
persons, tending to the ruine and impoverishment of families, 
and all vice, impieties and debaucheries, and if detected and 
convicted of any such offence, are unable to satisfie the penaltie 
imjDosed by. lawe for the same, and cannot be punished by im- 
prisonment without wrong to themselves and to their families, or 
to the masters or owners of such servants : for the suppressing 
of such evill. 

It is enacted by the authoritie aforesaid : That when and so 
often as any person being duely convicted of keeping a tipling 
house, or selling strong beer, ale, cyder, perry, metheglin, wine, 
rum or mixt drinke, or any strong drinke whatsoever by retail 
without license first orderly had and obteined for the same, and 
[431] shall be || unJljle to satisfie the fine imposed by lawe for 
such transgression, together with the charges of prosecution, or 
that shall not pay such fine and charges, and likewise give bond 
for the good behaviour, (if it be a second conviction) within 
the space of tweutie four hours next after sentence declared in 
that respect, it shall and may be lawfull to and for two justices 
of the peace, or an assistant and a justice of peace, or the court 



438 PUBLIC RECORDS [Oct. 

before wliome the conviction shall be, to order such offender to 
be openly whipt with so many stripes as in their discretion shall 
be thought fitt, not lesse then ten nor exceeding fifteen for one 
offence, and to restrain the offender in prison, untill the fine 
and charges as aforesaid are paid, or the order of corporall pun- 
ishment be executed. 

And it is further ordered by the authoritie aforesaid : That 
no person who is or shall be licensed to be an innholder, vic- 
tualler, taverner, or retailer of strong drinke, shall suffer any 
either mens sonnes, apprentices, servants, or negroes, to sitt 
drinking in his or her house, or to have any manner of drinke 
there, without speciall order or allowance of their respective 
parents or masters, on pain of forfeiting the sume of ten shil- 
lings for every such offence ; neither shall any lycensed person 
suffer any inhaljitant of such towne where he dwells, or coming 
thither from any other towne, to sitt drinking or tipling in his 
or her house, or any of the dependencies thereof, or to continue 
there above the space of one hour at one time, other then tra- 
vailers, persons upon businesse, or extraordinarie occasions, on 
the penal tie of ten shillings for every offence . Any of the afore- 
said suines to be one moietie to him or them that shall informe 
and sue for the same, and the other halfe to the poor of the 
towne where such offence shall be coihitted. 

And further it is enacted by the authoritie aforesaid : That 
all licenses already taken out shall be null and void by the first 
day of March next ensuing ; and all persons which are chosen 
by any town or plantation in this Colonic, or appointed by the 
justices to be comon victuallers, taverners, or sellers of strong 
drinke, such person or persons shall take out licence from the 
countie court of that countie whereto he belongs, which licence 
shall be granted to him gratis, and every such person taking 
licence shall give in bond to the said court for a due observance 
of the same and of the lawes.* 

* As printed among acts of this session in the edition of 1715, page 124, there are 
two additional clauses to this law; one directing grandjurymen to pi'esent persons 
reputed retailers of strong drink without licence, twice in the year; the other making 
the oath of one person suflicient to convict for selling drink unless the person charged 
should in open court positively and plainly declare that he was not guilty of the fact. 



1703.] OF CONNECTICUT. 439 

Listers Oath. 
You A. B. being chosen Lister for the town of H. for the 
jear ensuing doe swear, that you dilligently and faithfully dis- 
charge and execute the office of lister within the limitts whereto 
you are appointed, and that in and by all the perticulars men- 
tioned in the lawes whereto your office hath relation, and that 
you will do therin impartially according to law, without fear 
or favour according to the best of your abihtie. So help you 
God. 

Whereas many persons being ignorant of the lawe have been 
surprized and have not given in their estates to the listers in 
the time mentioned in the lawe, and have since made en trie 
thereof in a perticular additionall list : It is ordered hy this 
Assembly, that the said additionall list shall be accepted and 
added to the grand list, declaring also that this act shall not 
be presidentiall for the future. 

[432] In addition to the lawe, title Rates, it is ordered and 
enacted by this Court : That when and so often as it shall hap- 
pen that any inhabitant or inhabitants in this Colonic shall re- 
fuse or neglect to give in to the listers an account of his or 
their rateable estate in whole or in part, being duely warned 
by the listers themselves, or one of them, or notice left at his 
or their houses or place or places of usuall abode, sometime in 
August annually, that then it may and shall be lawfull, and 
the duty of the sworn listers, according to their discretion and 
best estimation, to assesse such person or persons who shall 
pay rates for their estates according to the vallue so assessed, 
and after the rate of ten pounds in the hundred, or proportion- 
ably for greater or lesser suihes, to be added thereunto, as a 
penaltie for his or their neglect. And if such person shall be 
overrated by the said assessors he shall be without remedie, 
unlesse he make it appear to the countie court that either he 
had no notice as aforesaid, or that by some inevitable provi- 
dence he was uncapable to give in his account or list; any 
lawe to the contrary notwithstanding. 

And it is further enacted by the authoritie aforesaid : That 
the present listers are hereby required to assesse such persons 
as have neglected or refused to give in their list for the year 
past, according to the rule abovementioned, to be added to the 



440 PUBLIC RECORDS. [Oct. 

present list. And the lawe concerning Inspectors is hereby- 
repealed, and the listers shall deliver their lists to the Deputies 
before the Court in October annually. 

It is ordered and enacted : That no schollar being a student 
in the Collegiate School, shall be entred in the publick list of 
male persons, nor be rated for his head ; and if any such schollar 
be entred, his or their names shall be taken out again ; and 
that the persons of all such schollars shall be exempted from 
watching and warding and all other such publick service, dur- 
ing the whole time that they shall continue in the said school. 

This Assembly doth repeal the lawe title Forcible Entrie, in 
the printed lawe fol. 39, and it is hereby repealed.* 

It is ordered and enacted by this Court: That every Captain 
bearing comission in her Majesties service shall be allowed five 
shillings p"" day, every Lieutenant four shillings p"* day, every 
Ensign three shillings p"" day, every Serjf two shillings p"" day, 
every private Centinell one shilling sixe pence p"" day, every 
horse three shillings p^ week, all to be paid in the currant pay 
of the countrey. 

It is ordered and enacted by this Court that the pay that is 
brought to the constables for the countrey rates, shall not be 
turned to any private use by way of exchange, but that the 
same specie that is brought to them for the rates shall by them 
be delivered out again for the service of the countrey and for 
paym* of the countrey debts ; and that the treasurer shall make 
[433] no alteration or change of the specie of pay |1 that he 
shall receive of the constables upon the countrey rate, unlesse 
the occasions of the countrey shall require him so to doe, or 
that he shall have express order for it ; and when any such ex- 
change is made by him, the gain upon such exchange (if any 
be) shall be to the use of the Colonie. 

This Assembly grants a rate of two pence halfe pennie upon 
the pound of all the rateable estate in this Colonie, to be paid 

* The Upper House in May, 1711, thought it might be inconvenient to print a re- 
peal of the printed law title Forcible Entries, because it would be too plain a declara- 
tion against the common law of England, which seems to be the inseparable privilege 
of Englishmen, and not so well consistent with our charter. Civil Officers &c. Vol, 
I, doc. 93. When the Laws were reprinted in 1715, the title Forcible Entries was 
quietly dropped, and it was the only portion of the revision of 1702, 1 believe, which 
was omitted in the reprint, notwithstanding parts of several other acts had been re- 
pealed or altered. 



1703.] 



OP CONNECTICUT 



441 



ill winter wheat at five shillings p"" hushi', Indian corn at two 
shillings sixe pence pi" bush'i, rye at three shillings p"" bushel, 
pork at three pounds ten shillings p"" barrell, beeff at five and 
fortie shillings p"" barrell ; the grain to be all good and mer- 
chantable, the pork and beeff to be in good and tight caske full 
gage, well repackt bj a sworn packer and marked with his 
marke. " But if any person will pay his proportion in money, 
it shall be accepted at two thirds. And it is hereby intended 
that the money provided by lawe for the schools in the severall 
townes in this Colonic is here included. 

Persons nominated to stand for Election in 3Iay next are : 
Maj"- Gen '•11 Fitz John Winthrop Esq^, Coloii^^ Robt Treat 
Esq'', Maj'- James Fitch, Cap^ Samii Mason, Capt. DanH Wetli- 
erell, NathanH Stanley Esq"", Capt. Caleb Stanley, Capt. John 
Hamlin, Capt. Nathan Gold, Will Pitkin Esq^, Joseph Curtis 
Esq"", Maj'' John Chester, Josiah Rossiter Esq"", Richard Cris- 
tophcrs Esq'", Peter Burr Esq"", John Hains Esq'', M'' Jeremiah 
Osborn, M'' John Elliott, M'' John Ailing, M'' Tho. Hooker. 
List of estates and male persons in the severall townes. 

lis. Persons. lis. Persons. 

Hartford, 19750 0302 Hadda, east side, 02611 059 

^Newhaven, 
Newlondon, 
Fairfield, 
Wethersfield, 
Milford, 
Stratford, 
Say brook, 
Stanford, 
Branford, 
Waterbury, 
Derby, 
Danbury, 
Gilford, 
Midltown, 
Haddu, west side, 

This Assembly grants a sallerlf^ of one hundred and twentie 
pounds ill pay to the Govemfs Hon'', he bearing his own charge. 

This Assembly grant the Hon'"'! Deputy Govern'" fiftie pounds 
in pay for his sallerie, he bearing his own charge. 
56 



19360 


355 


Kenelworth, 


03299 


056 


16930 


289 


Windzor, 


15381 


250 


15146 


150 


Lyme, 


06577 


115 


13431 


262 


Glassenbury, 


03262 


076 


12308 


160 


Wallingford, 


06522 


118 


12236 


120 


Nor walk. 


07187 


113 


07845 


126 


Symsbuiy, 


03436 


092 


07839 


100 


Greenwich, 


04369 


082 


05858 


080 


Woodbury, 


03646 


086 


02145 


057 


Windham, 


02364 


063 


02377 


060 


Norwich, 


08738 


120 


02613 


058 


Preston, 


04097 


078 


10179 


140 


Stonington, 


07050 


138 


08112 


180 


Farmington, 


080261 18^ 


■• 120 


01986 


045 









442 ■ PUBLIC RECORDS [Oct. 

[434] This Court doe allow to the Treasurer thirtie pounds 
in pay for his sallerie this present year, and thirtie pounds 

This Court doe allowe to the Colonie Sherriff a sallerie of 
sixe pounds, he bearing his own charges. • 

This Court doe allow to Newhaven countie Sherriff four 
shillings p"" day for his attendance upon "this Court, he bearing 
bis own charges. 

This Court doe allow to Newhaven constable three shillings 
sixe pence p"" day for his attendance upon this Court this ses- 
sion, he bearing his own charges. 

This Coiirt doe allow to M"" John Elliott for his conduct as 
Speaker this sessions thirtie shillings. 

This Court doe allowe to Capt. Eleaz'" Stent for his Clerk- 
ship this present sessions twentie five shillings. 

This Court doe allow to Capt. John Miles three pounds in 
pay for his charges in his house this sessions. 

This Court- desire the Honri^ Deputy Govern^ to take the 
conduct of the militia in Newhaven countie till May next. 

Josiah Rossiter Esq"" is appointed Judge of the Countie 
Court and Court of Probates in the Countie of Newhaven. 

This Court doe appoint the Worshipful! Maj"" James Fitch 
and Capt. Richard Bushnell to lead the souldiers in the town 
of Preston to a choice of commission officers. 

Ordered by this Assembly, that the Councill in the intervale 
of the Gen''ii Courts untill May next shall consist of seven, or 
not»lesse then five, viz^, the Govern"" or Dep' Governi" and two 
Assistants at the least, with M"" Nehemiah Smith, M"" Nehemij^h 
Palmer, and Capt. Richard Bushnell ; who shall have power in 
the intervale of the Generall Assemblyes to mannage the affairs 
of this Colonie according to charter, they not to raise men to 
send out of the Colonie, (unlesse in case of exigence) nor dis- 
pose of money. Alwayes provided, that in extraordinarie cases 
the Govern'" or Deputy Govern'' shall call the Councill of Assist- 
ants, or as many as can be convened. M.'^ William Douglas is 
added to the Councill. ^ 

Ordered by this Assembly, that there shall be a Councill of 
Warre, consisting of five persons, whereof three at least to be 
comission officers, out of Hartford, Windzor and Wethersfield. 



1703.] OF CONNECTICUT. 443 

Any three to have power to send out what soiildiers shall be 
needfiill (not exceeding sixtie men unlesse in case of actuall 
invasion by a body of the enemy) to defend our frontiers on 
that side and the countie of Hampshire from the enemy. And 
the Govern^ to nominate the s^ Councill of "Warre, and to coinis- 
sionate the commanders of said souldiers to act offensively as 
well as defensively as they shall find at all times occasion, lin- 
lesse by said Councill of Warre perticularly directed. And that 
the constables by warrant or order from the s'l Councill of Warre 
shall impresse so many* souldiers as they shall be directed, and 
what shall be necessary to furnish them for their expedition. 
And such souldier or souldiers so impressed that shall refuse to 
attend her Majesties service shall be imprisoned unlesse he sat- 
isfie the officer in comission of said company to be sent forth 
that the constable hath done him iniustice to impresse him, or 
unlesse he pay down ten pounds in money, or procure another 
in liis room to the acceptance of the s^ officers. 
[435] Whereas this Court is informed by divers members of 
the Lower House that one Benjamin Dibble of Symsbury was 
about twentie dayes past arrested while he was about his law- 
full labour within the town of Symsbury in this Colonic, by one 
Jonathan Rimington who pretended to be constable of Suf- 
field, with many others of said town of Suffield, who did seize 
and carry away to said Suffield said Dibble and severall bar- 
rells of his turpentine and twentie barrells of turpentine belong- 
ing to divers other persons of said Symsbury, and said constable 
pretended to act by virtue of a writt signed by Samuel Patrick 
Esqi", which writt, as by a coppie thereof attested doth appear, 
did require said constable to arrest said Dible and seize his tur- 
pentine for a triall, but not any others ; and whereas neither 
time was appointed for triall by said Writt nor court that could 
take cognizance thereof, all which matter and proceeding this 
Court judgeth to be very illegall and arbitrary, especially since 
it is found by observation and triall that the greater part of 
said Suffield is and ought to be part of this Colonic : for redress 
whereof this Court doth order and appoint the constables of 
Windzor and Symsbury or either of them by writt from any 
Assistant or justice of peace to seize and arrest the said Jona- 



444 PUBLIC EECORDS [Oct. 

than Remington and Joseph Sheldin (if found within their 
precincts) wlio did principally (as this Court is informed) con- 
trive said arbitrary proceedings, assist and abett said Eeming- 
ton in the execution thereof, and bring them or either of them 
before any of the Assistants or justices of the peace of this Col- 
onie to find sureties for their appearance to answer for their 
illegall and arbitrary proceedings before any of her Majesties 
courts as shall be assigned them, and in default of such sure- 
ties to send them to the gaol till they find such sureties as 
aforesaid. 

Owaneco his brother Ben, and his sonne Mahomet, with y^ 
Moheeg Indians, having behaved themselves contemptuously 
in not appearing at this Geni"'! Assembly though legally and 
orderly warned by an order from the Govern'' and Councill, 
this Court doth therefore recomend that matter to the Govern^ 
and Councill, and desire that the Indians may be brought be- 
fore them, and be made to give their reasons for their not ap- 
pearing according to the warning given them, and not giving 
in their names as all the rest of our frieiid Indians have done, 
and this Court expects the same from them. 

Whereas his Excellencie Colon'^ Dudley, Capt. Genrii and 
Comand'" in Chief of the Province of the Massachusetts Bay, 
hath signified to the Govern ""s Hon"" that the Genfi' Assembly 
of the said Province doth earnestly desire one hundred men 
well appointed, from this Colonic to march to the eastward, to 
assist theln in the warre against the eastern Indians, — 

Voted that the Hon^i the Govern'' be desired to informe his 
Excellencie, that the season of the year is such, that they caiiot 
judge it practicable to send their men into such a remote part 
of the countrey at present, but as in this time of warre wherein 
they are inforced to be at great expences for the securitie of 
their frontiers, they have notwithstanding been at considerable 
charge for the assistance and defence of their plantations in the 
countie of Hampshire, so they shall be ready at all times to 
afford them further assistance as they are capable. 

Whereas motion hath oeen made for consideration whether 
a more expeditious and efiectuall way for maiiagem' of the pub- 
lick affairs in the Gen""'' Assembly should not be stated, and it 



1703.] OP CONNECTICUT. 445 

being a matter worthy of good and more mature consideration 
then present circumstances will allow of, it is therefore ordered 
that it be referred to the sessions of this Court in May next, 
and y' then it shall be considered and concluded, before any 
other pub: business is entred upon. 

[436] It is ordered and enacted by this Court, that the coun- 
tie surveyors of land in this Colonic shall be freed from training 
for the' time to come while they continue in that office. 

Ensign John JIart is by this Court appointed Lieutenant of 
the company in Farmington, and Serjt Sam'^ Wadsworth to be 
their Ensign ; and Serj* Richard Lord is by this Assembly ap- 
pointed Ensign of the trainband in the town of Lyme ; also En- 
sign John Savage is appointed Lieutenant,. and Serj' James 
Ward to be Ensigne of the first company or trainband in Midl- 
towne ; and Lieu' John Fitch is by this Assembly appointed 
Captain of the trainband in the towne of Windham, and Ensign 
Jonathan Crane to be their Lieutenant, and Deacon Joseph 
Carie to be their Ensign ; and David Sherman is appointed 
Ensign for the trainband in Stratfield. 

This Court doth allow of the divident line agreed upon by 
the inhabitants of Plainfield to be the dividing line of their 
township, and that the inhabitants on the west side of the river 
shall have the priviledges of a township, and that the name of 
the town shall be Canterbury, and their brand for horses shall 
be this figure, -C. 

Upon the desire of the inhabitants of Colchester, this Assem- 
bly grants them libertie to imbody themselves into church estate 
and to call and settle an orthodox minister of ye gospel among 
them, proceeding therein with the advice and approbation of 
neighbour churches. 

Upon' the desire of the inhabitants of the town of Newlondon 
that dwell on the east side of the river, this Assembly doth 
grant them libertie to imbody themselves into church estate 
and to call M"" Ephraim Woodbridge, their present minister, to 
be their settled cluu'Ch officer, proceeding therein with the ad- 
vice and approbation of neighbour churches. 

The town of Greenwich having made their application to 
this Court respecting some differences concerning the rights 



446 PUBLIC RECORDS [Oct. 

and priviledges of the old towne, this Court doe recomend it to 
the inhabitants of said Greenwich, that they would indevour 
an amicable agreement amongst themselves, but fearing that 
may not be atteined, this Court doe appoint the Worshipfull 
Capt. Nathan Gold, M"" Peter Burr, and M"" John Wakeman, a 
comittee to repair to the s'^ town of Greenwich, and there to 
indevour a reconcilement of such differences as are amongst 
them, and that the priviledges of the old towne shall remain as 
formerly untill further order. 

This Court doe grant to the towne of Milford, purchasers of 
a tract of land of the Indians, (which land lieth at Wiantenuck) 
for a township, libertie according to their purchase to take out 
a pattent signed by the Govern"" and Secretary under the seal 
of the Colonic ; alwayes provided it be not an infringement to 
any former legall purchases or proprieties, as also that they doe 
make a settlment upon said land within five years under the 
[437] II conduct of a comittee for the stating of the town plott 
and laying out the lotts. The name of the said town to be 
New Milford. 

This Court doe appoint the Hon^d Colon" Robert Treat, M^ 
Thomas Clark, Ensign George Clark, Ensign Joseph Treat, 
Ensign Joseph Peck, Serjt Jonathan Baldwin, and Serjeant 
Timothie Baldwin, they or any five of them, a comittee for the 
regulation of the township purchased by the inhabitants of 
Milford lying at Wiantanuck, they bearing the charges. 

Whereas this Court in May, 1702, granted libertie to M" 
Elizabeth Wells, widdow, to record a house and twelve acres of 
land which was exchanged with the legatees of Jonath. Wells, 
unto her and her child, and in May, 1703, M" Sarah Bidwell 
appearing in Court obteined a barre of said record untill this 
present sessions, and this Assembly having heard the allega- 
tions and pleas of said M^s Wells and M^s Bidwell, doe see 
cause to grant a libertie to said M^^ Elizabeth Wells to record 
said house and land to herselfe and the child of Joseph Wells 
her late husband ; alwayes provided that' whatever right M" 
Sarah Bidwell or any other of the legatees hath in said house 
and land as legacies shall be paid by M"'"' Elizabeth Wells to 
such legatees. 



1703.] OF CONNECTICUT. 447 

Upon the motion of M'' John Hamlin of Midltown, Assistant, 
together with the selectmen of the same town, this Court grants 
them libertie and aiithoritic to make sale of so much of the land 
of Elizabeth Warner of the said town as may be needfull for 
the defraying of the necessary charges that have been or shall 
be expended for the keeping and maintenance of the said Eliz- 
abeth, she being a distracted person and now in close custodie 
to prevent her doing mischief, acting therein with the consent 
of the authoritie of the towne. 

This Assembly grants full power to Capt. William Whiting, 
administrat'' on the estate of Nathan^' Wilson late of the town 
of Hartford dec^,* to sell so much of the lands belonging to 
the said estate as may be needfull for the payment of the said 
Wilsons debts, acting therein according to the direction of the 
court of probates for the countie of Hartford. 

This Assembly grants full power to Jane Clark of Stratford, 
administratrix on the estate of her late husband Thomas Grif- 
fin dec^, to sell so much of the land of her said deceased hus- 
band, as shall be needfull for the payment of a debt of eight 
pounds due from her said husbands estate to the estate of M"" 
Alexander Brian of Milford dec^, and upon sale of said land 
to give firme deeds of conveyance according to lawe. 

This Assembly grants full power to Abraham Hall of the 
town of Gilford, administrator of the estate of Thomas Cook 
of the said towne deceased, to give to Thomas Robbison of the 
town aforesaid firme deeds of conveyance of three acres of 
meadow land which the said Thomas Robison bought of the 
said Cook in his life time and paid all the purchase money ex- 
cept sixteen shillings, but the sudden death of the said Cook 
prevented his giving deeds thereof. 

Upon the request of Rachel Mead, widdow and relict of Na- 
than" Mead late of the town of Greenwich dec^, this Assembly 
grant full power to Capt. Jonath. Sellick and Deacon Sam" 

* Administration was granted April 7th, 1703, by the court of probate upon tlie 
estate of Nathaniel Wilson supposed to be dead. la 1707. however, a person claim- 
ing to be Nathaniel Wilson, but in a shattered condition, appeared in Hartford, and 
there being strong evidence for and agaiust his identity, the General Assembly in 
May, 1720, judged that the certain truth was not likely to be gained by human testi- 
mony. Misc., 11,324-332. 



448 PUBLIC RECOEDS [Oct. 

Hoyt to give legall conveyances of severallparcells of land which 
the said Nathaniel Mead sold and alienated in his life time but 
did not give deeds thereof, viz. a small parcell of woodland 
[438] II of about eiglit acres and a halfe lying in the bounds 
of Greenwich, and five roods of meadow lying in the bounds 
of Stanford ; also his right in Coscob Neck ; also for ten acres 
of land exchanged by the said Nathan" Mead for ten acres of 
land which is inventoried to the estate of the said Mead. 

Upon the request of Thankfuil Trowbridg, widdow and relict 
of William Trowbridg late of Newhaven dec<J, this Assembly 
gives full power to Deacon Abraham Bradley of the said towne 
to sell a house and about one rood of land thereto adioyning, 
for the payment of the just debts of the said William Trowbridg, 
his moveable estate not being sufficient. 

Upon the request of Sarah Pratt, widdowe, and her sonne 
William Pratt both of the town of Say brook, administrators of 
the estate of the deceased husband of the said Sarah, this As- 
sembly grants libertie to the said administrators (with the ad- 
vice of Ensign John Pratt and Robert Chapman) to sell so 
much of the land of the said deceased which will produce the 
sunie of twentie sixe pounds in money, for the paym* of a debt 
of the deceased aforementioned. 

Whereas Andrew Morrison late of Newhaven dyed non- 
solvant, and there being a small quantitie of land belonging to 
said estate, and the administrators of said estate moving tliis 
Court for power to make sale of said land to pay debts so farre 
as it may, this Court impowers the administi^ators of said estate 
to make sale of said land and lawfull conveyances thereof. 

Upon the motion of John Merriman in the behalfe of Marie 
Merriman of the town of Wallingford, widdow and relict of 
Caleb Merriman late of the said town dec'^,and administratrix 
of his estate, this Court gives full power to the said Marie Mer- 
riman to give firme deeds of conveyance for the severall par- 
cells of land hereunderwritten to the severall persons hereafter 
named, viz^, for sixe acres of upland to Thomas Beech ; for 
three acres of meadow in Newhaven to Joseph Grannis of New- 
haven ; for halfe an acre of land in the brook pasture to the 
heirs of Sam" Merriman of said Wallingford ; for one acre and 



1703.] OP CONNECTICUT. 449 

a lialfc in the same pasture to John Hall of said Wallingford ; 
for a quarter part of the pine swamp to Eleazar Peck of the 
same towne ; for three acres of land in Jacobs lowe ground in 
Wallingford to Sam^ Andrews of the same towne ; this Court 
being informed that the said Caleb Merriman had in his life 
time sold the said parcells of land but had not given deeds 
tliereof. 

This Assembly doth grant to Lieu* Henrie Crane, "William 
Stephens, Sam^ Buell and John Kelsie, and their associates, 
the present proprietors and inhabitants of Kilinworth, their 
heii's, successors and assignes forever, according to their and 
each of their respective and just rights therein, all that tract 
of land lying between the tfacts of land belonging to the in- 
habitants of the townes of Gilford and Saybrook, butted and 
bounded as folio weth, viz. on the south or southward by the 
sea ; on the east or eastward running north from the sea to a 
white oak staddle on the banke with the top cutt off, and a 
heap of stones about it ; thence runing a north line to a white 
oak tree standing in the line near Ma-na-qua-tesett River at 
the old riding place, marked with K. B. on the west, and with 
S. B. on the east; thence running a north line to Haddum 
bounds where is a heap of fiat stones cast up, and near Haddum 
bounds is marked two chestnutt trees growing on one root close 
[439] by a great rock which is upright || like a wall on the 
south side ; on the north running from said heap of stones in 
Haddum line due west to an oak tree marked with H. B. on 
the north side and K. B. on the south side, with a heap of stones 
laid about it ; from thence a due west line to the westermost 
branch of Hamanassett River ; on the west by the midle of the 
said Hamanassett River, as the river runnes till it fall into the 
sea ; together with all and singular the rights, profitts, pri-^d-- 
ledges, members and appurtenances to the said tract of laud or 
any part thereof belonging or in any wise apperteining, and 
doe order that the parties abovenamed shall have a pattent for 
confirmation of the premises to them, their heirs, successors 
and assignes as abovementioned. The pattent to be signed by 
the Honi^i the Govern^, aixl by the Secretary, in the name and 
behalfe of the Govern*" and Company of this Colony. 
6T 



450 PUBLIC RECORDS [Oct. 

"Whereas the Govern'' and Company of this her Majesties Col- 
onie of Connecticutt in Gen""" Court assembled at Hartford 
Aug. the 28th^ 1661, did give and grant unto Jonathan Gil- 
bert of the said towne of Hartford innholder dec'', three hun- 
dred and iiftie acres of countrej land for a farme ; and whereas 
the said Generall Assembly holden at Hartford March the IS''', 
166i, and Octobf the 12'^, 1665, did give and grant to Capt. 
Daniel Clerke of the town of Windzor three hundred acres of 
land for the same use, to be taken up partly upon the branches 
of Mattabessett River, and partly upon the road from "Wethers- 
field to Xewhaven, at or near a place called the Cold Spring- 
on the west side of a ridge of mountainous land comonly called 
or known by the name of the Lamentation Hills, all which ap- 
pears of record ; and the said Jonathan Gilbert did purchase 
of the said Daniel Clerke his said grant, by which grants and 
purchase the said Jonath. Gilbert obteiued to himselfe and his 
heirs a good and lawfull right and title to sixe hundred and 
fiftie acres of the said counti-ey land, four hundred and seventie 
acres whereof was laid out to the said Jonathan Gilbert by per- 
sons appointed by the said Gen^'ii Assembly at and near the 
said place called the Cold Spring on the west side of the said 
Lamentation Hills ; the said four hundred and seventie acres 
of land comprehending within it three pieces of meadowe, one 
called the south meadow, another the north meadow, and the 
third beaver meadow ; and the said Jonathan Gilbert having 
purchased the native right of the said land, and of the land 
thereunto adioyning amounting in the whole to the suihe of 
one thousand acres and upwards of meadow and upland : And 
whereas Capt. Andrew Belcher of the town of Boston in the 
Province of the Massachusetts Bay in Newengland, merchant, 
hath by purchase gained to himselfe and liisj heirs forever all 
the estate, right and title that the heirs or assignes of the said 
Jonathan Gilbert had or might have in or to the said four hun- 
dred and seventie acres of land meadow and upland, and what- 
ever right might accrue to them by the said purchase of the 
native right, and hath petitioned this Assembly for a pattent 
to be granted out to him for a full confirmation of the same to 
him, his heirs and assignes forever : This Assembly considering 



1703.] OP CONNECTICUT. 451 

that the said Andrew Belcher hath expended a considerable 
estate upon the said land in building tennantable houses and 
settling tennants therein, and other improvements which are 
like to be a publick as well as private benefitt, the said tene- 
ments being conveniently situate for the relief of travailers in 
their journying from place to place, for his incoviragement to 
goe forward with his improvements, doe see cause to grant his. 
petition, and doe now give and grant unto the said Andrew 
[440] Belcher || all the said four hundred and seventie acres' 
of meadow and upland (as it is laid out and bounded, or de- 
scribed to be bounded in a plott or survey thereof exhibited in 
this Assembly under the hand of M"" Caleb Stanley surveyor) 
to be to him the said Andrew Belcher, his heirs and assignes 
for ever ; and doe ' order that the said Andrew Belcher shall 
have a pattent for the said four hundred and seventie acres of 
land so butted and bounded as in the said plott is described, 
the pattent to be signed by the Governour and Secretarie in 
the name and behalfe of the Govern^ and Companie of this her 
Majesties Colonic, which pattent shall be of full force and vir- 
tue to all intents and purposes in the lawe, for the ensureing 
and sure making of all the said purchased and granted lands 
so butted and bounded as aforesaid, and every part and parcell 
thereof, with all the profitts, pijiviledges and appurtenances 
thereunto belonging and from time to time thence arising, unto 
him the said Andrew Belcher, his heirs and assignes forever, 
according to the true intent and meaning thereof. Provided 
always nevertheless that there shall be a countrey road or high- 
way through the said farme or part thereof as there shall be 
occasion.* 

Capt. John Hamlin moving to this Court for a grant of a 
tract of land to Capt. Andrew Belcher, which land lieth be- 
tween said Mr Belchers farme at Merriden, and the mountain 
called Lamentation, this Court doe order Capt. Thomas Hart 
and M"" Caleb Stanley jun"" to survey said tract of land and 
make return thereof to this Court in May next, both as to the 
quantitie and qualitie of said land. 

* In the margin. The survey of Capt. Belchers farm is recorded in Book No. D, 
folio 318, 319, 320. 



452 PUBLIC RECORDS [Oct. 

M"" Jeremiah Osborn petitioning this Assembly to reverse a 
judgment past against him by the Court of Assistants in May 
last in a case there depending between him and Luke Hitch- 
cock of Springfield, asserting (among other things) that two of 
the jury who had the triall of the case were nearly related to 
one that was principally concerned therein. This Assembly 
considering that it doth not appear that the said Luke Hitch- 
cock hath been cited according to lawe to appear at this Court, 
doe see cause to referre the matter to a further consideration 
at their sessions in May next, M^ Osborn giving a sufficient 
notification thereof to Luke Hitchcock, and also sufficient bond 
to the valine of fortie pounds cash to answer all damages that 
may accrue to the said Luke Hitchcock, in case the judgment 
of the said Court of Assistants be not rever-sed nor denied ; in 
the mean time execution upon the said judgment to be sus- 
pended. 

M^ Jeremiah Osborn acknowledgeth himselfe bound in a 
recognizance of fortie pounds cash to the publick treasurie of 
this Colonic to answer all damages that may accrue to the said 
Luke Hitchcock by the suspending of execution upon the above- 
said judgm<^ in case the same be not reversed nor denied. 

This Court doth remitt to the widdow Abigail Huntington 
what is due from her estate to the Colonic by the seizure of 
the inspector of Norwich, provided what estate is left out of 
the list be now added. 

M"^ John Parker juni" as inspector, presenting severall per- 
sons of the town of Saybrook for leaving part of their estates 
out of the list of estates this year, and notwithstanding he hath 
attended due steps of lawe in his proceeding in the premises, by 
reason of the present circumstances of things, declaring him- 
selfe willing for his trouble and charge to take up satisfied with 
fortie shillings cash, this Court doe therefore recomend to those 
persons delinquent hereafter named forthwith to make paym^ 
of fortie shillings cash to the said John Parker, according to 
[441] proportion therein stated, viz : || William Stannard six- 
teen shillings and a pennie, Capt. Thomas Averie seven shil- 
lings and eleven pence, Stephen Chalker fourteen shillings and 
three pence, Joseph Post one shilling and nine pence ; in de- 



1703.] OF CONNECTICUT. 453 

fault whereof this Assembly doth declare that the said Parker 
shall have free libertie of processe in lawe against such estate 
of the abovementioned persons, as is entred in the s^ additionall 
list, or of any of them that shall refuse to pay his proportion as 
above exprest, any thing in the act of this Assembly concerning 
additionall lists, or probate of s'' list by the Genr'i Assembly 
to the contrary notwithstanding. 

Mr Joseph Pardee complaining to this Court that the countie 
of Newhaven is considerably in debt to him as he is adminis- 
trator to his fathers estate, it is now ordered that what is due 
to him said Pardee shall be paid out of the countie treasurie 
when it is there to be had. 

Mf" William Pain of the town of Windliam personally appear- 
ing in this Assembly charged Will Pitkin Esq"", one of the As- 
sistants, with male-administration in proceeding against him 
for forcible deteiner. After due hearing and consideration of 
the pleas and allegations of both parties the following bill was 
past, viz. Yoted in this Assembly whether they did judge M"^ 
Will Pitkin and Mt" Riply were guiltie of male-administration, 
and it was voted in the negative by the Assembly. 

Capt. Joseph Wadsworth "appearing in this Assembly in the 
behalfe of M"^ Phillip Pain who complained against William 
Pitkin Esq"^, Assistant, for male-administration in his proceed- 
ing against said Pain for forcible deteiner, in ye debate upon 
which case the said Joseph Wadsworth used reproachfull words 
against M"" Pitkin and the sentence by him past upon said Pain, 
saying in open Assembly that his proceedings in the case were 
altogether uniust and illegall, and also did cast forth reproach- 
full expressions against divers members of the Assembly, for 
which his misbehaviour this Assembly by force of the lawe title 
Magistrates, doe sentence the said Wadsworth to pay a fine of 
ten pounds to the publick treasurie of the Colonic. 

This Assembly having heard the complaint of Joseph Seldin 
wherein he complains of Capt. Eely, justice, and chargeth said 
justice with male-administration, as in his complaint under his 
hand doth appear ; but whereas Capt. Eely doth alledge that 
he hath been surprized in not having citation nor oportunitie 
to produce such evidences as he might if he had longer time, 



454 PUBLIC RECORDS [Oct. 

doe therefore order that the issue and determination of said 
case be suspended untill the Geni'ii Court in May next, and a 
citation issued out by the Secretary in the name of the Genfii 
Assembly to cite Capt. Eely there to attend and answer said 
complaint of Seldin ; and that Capt. Eely doe also give bond 
to the Secretary to the valine of one hundred pounds for his 
appearance at said Court ; also that said Joseph Seldin doe give 
bond to the Secretary to the valine of one hundred pounds for 
his prosecution of said Capt. Eely. 

Ordered that execution upon Joseph Seldin for the fine im- 
posed upon him by Newlondon court (which is twentie two 
pounds) is suspended untill the hearing the case in May next. 

Tliis Court doe free M'' Peter Carrington from paying coun- 
trey rates for his person for the future. 

An Act of the Grovern'' and Coiincill at Newhaven Octo¥ 21", 

1703. 
Whereas the Rever"^ trustees of the Collegiate School erected 
within this Colonic have pursuant to the lawe, title Briefs, pag. 
lltii, made application to the Govern'" and Councill to obtein 
approbation for the raising such a sume or sumes within this 
[442] Colonic by a brief or such like || method as shall be 
needfull for procuring and upholding a tutor, and for further 
promoting of the said school by building or otherwise : the Coun- 
cill having taken the said motion into consideration doe see 
good to approve of the same, and doe hereby allow and impower 
the said rev^d trustees to make use of any such methods in the 
nature of briefs throughout this Colonic for the end or ends 
aforesaid : and furthermore the Govern'' and Councill consider- 
ing the very hopefull progresse the rev^ trustees have already 
made in the said affair, and the comfortable appearance that 
the said school under the prudent conduct of the s'l trustees 
will (through the divine blessing) conduce to the advancing of 
the interest of religion and generall good of this Colonic, doe 
therefore hereby recomend the aforesaid approved measures to 
all person's within the said Colonic, not doubting but there will 
be in all a generall readinesse in their respective stations, and 
according to their respective circumstances to forward so good 
a worke. 



1703.] OF CONNECTICUT. 455 

This Court appoints the last Wedensday in this month to be 
kept a publick fast throughout this Colonie. 

This Court appoints a publick day of thanksgiving to [be] 
solemnized throughout this Colonie on the twentie fourth day 
of November next ensuing. 



Att a Gen^^i^ Assembly holden at Hartford on the fif- 
teenth DAY OF March one thousand seven hundred and 
three-four, called by speciall order of the Governr to 
consider of such things and to aggree upon such measures 
as are necessarie for the safetie of this Colonie and 
assistance of our neighbours in the present time op 

DANGER. 

It is ordered and enacted by this Court : That the civill and 
military comission officers of each towne shall take all due care 
concerning the friend Indians belonging to their townes and 
assign