Skip to main content

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

See other formats 


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 
0 


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  0  0       74  Lvme,  04282  0  0 

216  New  London,  10138  0  0  120  Guilford,  07529  0  0 

112  Farmington,  07389  0  0  282  New  Hauen,  15101  0  0 

44  Glassenbury,  02025  0  0  218  Wethersfeild,  11468  0  0 


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  0  0 
02235  0  0 
03223  0  0 
09616  0  0 
05301  0  0 
01807  0  0 
03536  0  0 
03820  0  0 
05648  0  0 
05660  0  0 


Persons. 

062  Woodbury, 

42  Derby, 
102  Stoiieington, 

95  Walliiig-ford, 

74  Nor  walk, 
300  Windsor, 
192  Fayrefeild, 
150  Stratford, 

56  Simsbury, 
Waterbury, 


Estates. 

02767  0  0 
01804  0  0 
05387  0  0 
04227  0  0 
05393  0  0 
15652  0  0 
11493  0  0 
09368  0  0 
02604  0  0 
0 


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,  0  01  00 

each  quietus  est,  0  02  00 

entry  of  every  judgment  acknowledged,  0  01  00 

recording  every  will  and  inventory  of  50'is  and  under,  0  02  06 
recording  every  will  and  inventory  of  above  50"^,  not 

exceeding  lUO'i^  0  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,  0  01  06 

(whereof  h  to  the  court.) 
each  letter  of  administratio,  0  01  00 

each  bond  for  administrators,  0  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  them  their  limitts,  to  the  intent  that  none  of  them  be 
exposed  or  the  enemies  escape  under  pretence  of  being  friends ; 
and  that  said  officers  doe  strictly  charge  said  friend  Indians 
not  to  move  out  of  their  respective  limitts  or  bounds  assigned 
them,  without  order  in  writing  under  the  hands  of  such  officers, 
as  they  tender  their  own  safetie  and  at  their  perill ;  and  all 
friend  Indians  are  hereby  forbidden  to  hold  any  comunication 
with,  harbour  or  conceal,  any  of  the  enemy  Indians,  requiring 
them  to  seize  and  secure  all  such  as  may  come  among  them 
and  to  deliver  them  up  to  justice ;  and  for  their  incouragement 
they  shall  have  ten  pounds  for  every  enemy  Indian  they  shall 
so  seize  and  deliver  up.  And  what  extraordinarie  charge  there 
shall  be  about  Wiantonuck  and  Potatuck  Indians  shall  be  born 
by  the  Colonie,  and  that  Capt.  Ebenezer  Johnson  have  the  care 
and  ordering  of  the  Paugussuck  Indians. 
[443]  It  is  ordered  and  enacted  by  this  Court :  That  the  in- 
habitants of  every  town  in  this  Colonie  shall  be  called  together 
with  as  convenient  speed*  as  may  be  to  consider  what  houses 
shall  be  fortified,  and  if  the  towne  doe  not  aggree  to  fortifie  any 
house  or  houses,  then  it  shall  be  in  the  power  of  the  civill  and 
militarie  officers  in  comission,  with  the  select-men,  or  the  major 


456  PUBLIC  RECORDS  [March, 

part  of  them,  if  they  thiiike  it  necessarie,  to  order  what  house  or 
houses  shall  be  fortified ;  and  what  they  doe  order  to  be  fortified 
shall  be  done  forthwith,  and  shall  also  order  upon  whose  charge ; 
and  if  any  persons  doe  refuse  or  neglect  to  make  their  propor- 
tions they  shall  pay  a  fine  answerable  to  their  proportions,  to 
be  levied  by  the  constable  by  warrant  from  civill  authoritie. 
The  proportion  of  each  person  to  be  ordered  according  to  their 
estate  in  the  coiTion  list  of  estates.* 

It  is  ordered  and  enacted  by  this  Court :  That  upon  any 
sudden  attack  of  the  enemy,  the  comission  officers  of  every 
towne  shall  have  power  to  send  out  such  a  number,  not  exceed- 
ing halfe  their  souldiers,  under  such  officers  as  they  shall  ap- 
point, to  oppose  the  enemy,  who  may  pursue  the  enemie  out 
of  the  Colonic  so  farre  as  may  be  for  advantage. 

It  is  ordered  and  enacted  by  this  Court :  That  there  shall  be 
constantly  eight  men  upon  the  scout  untill  the  grand  scout  be 
settled,  viz.  two  from  Symslmry,  two  fi-om  Woodbury,  and  two 
from  Waterbury,  and  two  from  Danbury,  to  be  ordered  by  the 
discretion  of  the  civill  and  militarie  commission  officers  in  each 
towne,  as  also  a  scout  from  Windzor  to  meet  with  the  scouts 
from  Newroxbury,  to  be  ordered  by  the  Councill  of  Warre. 

Whereas  the  Govern^  of  Boston  hath  desired  to  have  about 
one  hundred  Indians  with  some  English  volunteers  out  of  this 
Colonic  to  goe  against  the  coihon  enemy  at  the  eastward,  which 
the  Govern ■■  and  Councill  of  this  Colonic  hath  so  farre  incour- 
aged  as  to  offer  to  the  English  volunteers  that  shall  present 
themselves  for  said  service  the  usuall  wages  that  our  souldiers 
have,  and  to  the  Indians  twelve  pence  p"^  day  in  pay,  all  which 
this  Court  approves  of  as  an  addition  to  the  incouragement 
offered  said  volunteers  by  Governr  Dudley,  and  desire  the 
Hon'''!  Govern""  and  Councill  to  see  them  fitted  out  with  all  the 
speed  that  may  be ;  their  number  not  to  exceed  one  hundred, 
of  which  twelve  or  more  to  be  English  if  they  can  be  had ;  and 

*  The  town  of  Hai'tford  voted  April  8th,  1704,  that  there  should  be  four  houses  for- 
tified ou  the  west  side  of  the  great  river,  two  north  of  the  rivulet  and  two  south;  they 
were  to  be  those  of  Samuel  Wyllj's,  John  Olcott,  Lt.  Sanford,  and  of  Jlr.  Bidwell  if 
Capt.  Nichols,  Capt.  Wm.  Whiting  and  Mr.  Tho.  Bunce  sen.  judged  convenient,  if 
otherwise,  some  other  house  not  far  distant  from  that  place.  Four  houses  were  also 
ordered  to  be  fortified  upon  the  east  side  of  the  river. 


1703-4.J  OP    CONNECTICUT.  457 

their  charge  of  fitting  out  (except  provision  and  ammunition 
-to  carry  them  into  the  Massachusett  Province)  to  be  paid  by 
said  vohmteers  out  of  their  wages.    The  officers  to  be  appointed 
and  comissionated  by  the  Governr.     And  it  shall  be  in  the 
power  of  the  Govern'-  and  Council!,  in  the  intervales  of  the 
Genrii  Assembly,  to  call  home  said  volunteers  from  the  above- 
said  service  when  they  shall  see  occasion  for  it.     And  it  is  fur- 
ther ordered  that  if  there  be  not  a  competent  number  of  Eng- 
lish volunteers,  viz.  the  number  of  ten  or  twelve  to  march  witli 
the  Indians,  then  it  is  left  with  the  Honrd  Govern^  to  aggree 
with  so  many  as  to  make  up  said  number  upon  such  incour- 
ageing  terms  as  may  be  thought  best. 

It  is  ordered  and  enacted  by  this  Court:  That  when  and  as 
often  as  the  Governr  and  Councill  shall  judge  it  necessarie  to 
impresse  men  for  the  publick  service  within  the  Colonic,  or  the 
Generall  Court  shall  order  any  number  of  souldiers  to  be  sent 
out  of  the  Colonic,  the  Govern ■•«  order  to  the  Serjeant  Majors 
[444]  shall  be  sufficient  for  them  to  grant  warrants  to  the  ||  con- 
stables, or  their  deputies,  of  the  severall  townes  within  their 
precincts  to  impresse  so  many  sufficient  and  able  men,  with  all 
things  nee  [dj  full  to  furnish  them  for  the  service,  as  by  such  war- 
rants shall  be  directed  to  be  impressed;  and  the  said  constables 
or  their  deputies  are  hereby  required  to  execute  all  such  war- 
rants; and  if  any  person  so  impressed  shaU  refuse  or  neglect  to 
attend  the  service  he  is  impressed  for,  or  to  provide  an  able 
man  to  serve  in  his  room,  he  or  they  so  refusing  or  neglecting, 
shall  be  imprisoned  for  the  space  of  one  quarter  of  a  year,  there 
to  remain  at  his  own  cost  and  charge,  or  pay  downe  five  pound 
for  the  use  of  the  Colonic,  except  such  person  or  persons  so  im- 
pressed upon  their  application  to  the  civill  and  military  officers 
of  the  towne  where  they  are  impressed  shall  by  them  be  released ; 
and  the  constables  shall  make  up  the  number  they  are  directed' 
to  impresse  upon  the  release  of  any  person  or  persons.     And 
notwithstanding  the  release  of  any  such  person  or  persons  so 
impressed,  either  by  paying  their  fines  or  release  so  obteined  as 
aforesaid,  such  person  or  persons  shall  duely  watch  and  ward 
and  doe  all  other  duties  required  by  lawe.     And  it  is  provided 
that  the  act  made  in  October  last  that  gives  power  to  the  Coun- 
58 


458  PUBLIC   RECORDS  [March, 

cill  of  Warre  appointed  in  the  countie  ot  Hartford  is  not  hereby 
intended  to  be  repealed,  and  the  Govern^s  How  to  adde  three 
to  the  number  of  said  Counciil  of  Warre. 

Ordered  and  enacted  by  this  Court :  That  there  shall  be  sixtie 
men  raised  for  to  garrison  and  scout  from  the  upper  townes  in 
the  countie  of  Hampshire,  which  men  shall  be  taken  out  of  the 
counties  in  proportion  as  followcs,  viz.  twentie  out  of  the  coun- 
tie of  Newhaven,  eight  out  of  the  countie  of  Newlondon,  sixteen 
out  of  Hartford  countie,  and  sixteen  out  of  Fairfield  countie, 
and  shall  be  placed  in  such  townes  as  the  Counciil  of  Warre 
in  the  countie  of  Hartford  with  the  consent  of  the  comanders 
in  chief  in  said  countie  of  Hampshire  shall  appoint;  and  it  is 
to  be  done  with  all  convenient  speed ;  and  said  Counciil  of 
Warre  to  mail  age  the  affairs  of  the  warre  on  that  side  accord- 
ing to  their  best  judgment,  and  they  may  recall  said  'men  if 
need  be.  It  is  also  left  to  the  Counciil  of  Warre  to  appoint 
such  officers  as  they  shall  see  cause. 

And  it  is  ordered  by  this  Court  that  a  letter  be  sent  to  Coli 
Patrigg  desiring  him  to  give  a  meeting  to  those  gentlmen  ap- 
pointed by  this  Court  to  conferre  with  them,  at  a  time  and  place 
convenient,  concerning  the  improvement  of  those  sixtie  men 
that  are  appointed  to  be  posted  in  the  townes  of  Hampshire 
countie  both  for  garrisoning  and  scouting,  so  as  they  may  be 
most  serviceable  for  the  preservation  of  that  countie  and  tliis 
goverment,  and  in  all  things  needfull  to  concert  such  measures 
with  their  chief  comanders  there  as  they  shall  judge  for  the 
mutuall  defence  of  said  countie  and  this  Colonic,  and  to  aggree 
[445]  for  a  proportionable  number  of  men  to  joyn  with  ours  ||  for 
our  mutuall  defence  as  the  Counciil  of  Warre  shall  direct.  And 
the  men  appointed  by  this  Court  to  treat  as  abovesaid  are  M"" 
John  Elliott,  and  Capt.  Matliew  Allin  for  the  present,  and  for 
the  future  such  as  the  Counciil  of  Warre  shall  appoint. 

Ordered  and  enacted  by  this  Court:  That  tliere  shall  be  a 
Comissary  in  each  countie  of  this  Colonic  in  this  time  of  warre, 
to  continue  in  their  office  during  the  pleasure  of  this  Court ;  and 
Capt.  Caleb  Stanley  is  appointed  Coniissarie  for  tlio  countie  of 
Hartford,  M""  John  Winston  for  the  countie  of  Newhaven,  Mi' 
George  Denison  for  the  countie  of  Newlondon,  M""  John  Burr 


1703-4.]  OP    CONNECTICUT.  459 

jun«"  Sonne  of  Major  John  Burr,  for  the  countic  of  Fairfield, 
which  comissaries  shall  take  and  keep  fair  accounts  of  all  the 
publick  charges  tliat  shall  arise  in  their  respective  counties  by 
reason  of  the  warre,  and  to  provide  for  the  souldiers  that  shall 
be  imployed  in  the  publick  service  as  is  customarie.  Also  said 
comissaries  shall  in  their  respective  counties  send  forth  orders 
to  the  severall  townes  therein  for  the  providing  of  two  pounds 
of  biskett  for  every  listed  souldier  in  said  townes,  which  said 
comissarie  shall  see  done  and  laid  up  in  such  place  or  places  in 
said  townes  as  said  comissaries  shall  order,  that  it  may  be  ready 
upon  any  sudden  occasion  for  the  souldiers  use,  which  stock 
shall  be  recruited  and  made  good  when  any  of  it  is  spent,  and 
shall  be  made  of  some  of  the  countreys  wheat  received  for  rates 
in  the  severall  townes,  to  be  delivered  by  the  constables  of  the 
townes  to  the  severall  comissaries  or  their  order  ;  and  for  want 
of  the  countreys  wheat  in  any  towne,  so  much  shall  be  sent 
from  other  townes  where  it  is  to  be  spared,  by  order  from  the 
authoritie  there  upon  a  signification  made  to  them  by  the 
comissarie  of  the  countie ;  but  if  there  be  not  a  sufficiency  of 
the  countries  wheat  in  any  countie  for  this  service,  then  by 
warrant  from  an  Assistant  or  justice  of  peace  to  the  constables, 
so  much  shall  be  impressed  in  every  towne  where  it  is  wanted 
as  may  be  sufficient  for  the  use  abovesaid ;  and  the  abovesaid 
comissaries  shall  from  time  to  time  lay  their  accounts  before 
this  Court. 

It  is  ordered  by  this  Court:  That  there  shall  be  five  barrells 
of  powder  purchased  for  the  use  of  the  Colonic,  two  barrells  to 
be  lodged  in  the  countie  of  Hartford,  and  in  the  otlier  three 
counties  each  one  barrell,  with  lead  answerable. 

It  is  ordered  by  this  Court  that  the  Deputies  for  this  Court 
be  paid  their  salleries  as  formerly  according  to  lawe.  . 

Whereas  M»'  Sanford  hath  charged  the  Govern'"  debt''  about 
sixe  and  fortie  shillings  as  money  for  expences  in  his  house, 
it  is  ordered  by  this  Court  that  it  be  paid  out  of  the  Colonic 
treasurie. 

Ypon  the  application  of  severall  of  the  principle  person  in 
Farmington,  this  Court  doth  order,  appoint  and  desire,  the 
elders  and  messengers  of  the  churches  of  the  townes  of  Wind- 


460  PUBLIC  RECORDS  [March, 

zor,  Hartford,  and  Wethersfield,  on  the  west  side  of  the  great 
river,  if  they  judge  it  convenient,  to  hear,  consider  and  resolve, 
whether  the  towne  of  Farmington  under  their  present  circum- 
stances ought  to  be  divided  into  two  ministerial!  societies,  and 
to  return  their  resolution  to  this  Court  as  ?oon  as  possible. 

It  is  ordered  by  this  Court  that  the  last  Wedensday  of  this 
instant  month  be  kept  a  publick  fast  throughout  this  Colonic. 
A  bill  for  the  fast  was  read  and  approved  by  this  Court. 
[446]  Ensign  John  Park  is  by  this  Court  appointed  Captain 
of  the  trainband  in  the  town  of  Preston,  and  Serj'  Daniel 
Brewster  to  be  their  Lieutenant,  and  M''  William  Billings  to 
be  their  Ensign,  and  to  be  comissionated  accordingly;  and 
comissions  were  drawn  and  sign^^  according  to  lawe  for  those 
severall  officers. 

Ensign  John  Munson  is  by  this  Assembly  appointed  Lieuten- 
nant  of  the  second  company  or  trainband  in  the  towne  of  New- 
haven,  and  Eleazar  Holt  to  be  their  Ensign,  and  to  be  comis- 
sionated accordingly  ;  and  comissions  were  drawn  and  signed 
according  to  lawe  for  these  two  military  officers. 


Att  a  Court  of  Election  holden  at  Hartford,  May  llf", 
1704.    This  Assembly  continued  to  the  24™  day 

OF   THE   same   month. 

Maj""  Genr"  Fitz  John  Winthrop  was  chosen  Govern'". 
Colon^^  Robert  Treat  Esq""  was  chosen  Deputie  Govern'". 

Assistants  chosen  were : 

Major  James  Fitch,  Joseph  Curtis  Esq"", 

Capt.  Dan'J  Wetherell,  Maj"^  John  Chester, 

Nathan''  Stanley  Esq"",  Josiah  Rossiter  Esq"", 

Capt.  John  Hamlin,  Richard  Cristophers  Esq"", 

Capt.  Nathan  Gold,  Peter  Burr  Esq'". 

WiUiam  Pitkin  Esq"",  John  Ailing  Esq"".* 

Present  at  tJiis  Assemble/  and  sworn,  are  : 
Major  Gen"""  Fitz  John  Winthrop  Esq'',  Governour. 
Colon'i  Robert  Treat  Esq^,  Deputy  Governour. 

*  Elected  to  supply  the  place  of  Major  Mansfield  deceased. 


1704.]  OF    CONNECTICUT.  461 

Assistants  present  and  sworn  are : 
Major  James  Fitch,  Joseph  Curtis  Esq--, 

Capt.  Daniel  Wetherell,  Maj'-  John  Chester, 

Nathan' 1  Stanley  Esq--,  Josiah  Rossiter  Esq--. 

Capt.  John  Hamlin,  Richard  Cristophers  Esq% 

William  Pitkin  Esq'",  Peter  Burr  Esq'-. 

Deputies  present  at  this  Assembly  are  : 

For  Hartford,  Capt.  Cyprian  Nichols,  Capt.  Joseph  Wadsworth. 

For  Newhaven,  M^  Jeremiah  Osborn,  M^  Joseph  Moss. 

For  Newlondon,  M-"  Will  Douglas,  Serjt  Andrew  Lester. 

For  Fairfield,  Ens.  John  Osborn,  Serjt  John  Burr. 

[447]  For  Windzor,  M--  John  Elliott,*  Capt.  Mathew  Allin. 

For  Saybrook,  M^  Nathan''  Lynde,  M>-  Nathan"  Chapma. 

For  Wethersfield,  Capt.  Robert  Wells,  Capt.  Tho.  Wells. 

For  Milford,  M^  Tho.  Clark,  EnsS"  Joseph  Peck. 

For  Branford,  Capt.  Eleaz"-  Stent,!  M--  Peter  Tiler. 

For  Farmingto,  Capt.  Tho.  Hart,  Lieut  John  Hart. 

For  Stratford,  M-"  Jn^  Burrett,  M""  Ephraim  Stiles. 

For  Wallingford,  Lieut  Sam"  Hall,  Serjt  John  Merrima. 

For  Gilford,  M-"  Joseph  Dudley,  Lieut  John  Seward. 

For  Glassenbury,  Lieut  Sam"  Hale,  M^  Jonath.  Smith. 

For  Preston,  Capt.  John  Parks,  M""  Caleb  Fobes. 

For  Lyme,  Capt.  Will  Eelye,  Ensign  Joseph  Peck. 

For  Symsbury,  Capt.  John  Higly,  Serjt  Nathan"  Holcomb. 

For  Norwallc,  M^  Sam"  Keeler,  M--  Thomas  Betts. 

For  Stanford,  M--  Sam"  Hoyt,  M>-  Elisha  Holly. 

For  KiKnsworth,  M^  John  Griswold,  M-"  Sam^^  Buell. 

For  Norwich,  Capt.  Richard  Busknell,  Lieut  Solomo  Tracie. 

For  Windha,  M--  Thomas  Huntington,  M^  John  Backus. 

For  Stoningto,  M"-  Ephraim  Minor. 

For  Derby,  Capt.  Ebenezer  Johnson. 

For  Hadda,  M^  Dan"  Brainard,  Capt.  John  Chapman. 

For  Midltown,  Capt.  Nathan^i  White. 

For  Waterbury,  M>-  John  Hopkins. 

For  Woodbury,  M>-  John  Sherman. 

For  Daubury,  M""  Josiah  Starre. 

For  Greenwich,  M"-  Ebenezer  Meed. 

*  Speaker.  f  clerk. 


462  PUBLIC  RECORDS  [May, 

Acts  passed  at  this  Assembly. 

Imp^.  It  is  ordered  and  enacted  by  this  Court :  That  there 
be  comittees  appointed  in  tlie  severall  counties  of  tliis  Colonic, 
who  are  to  talve  care  of  and  provide  for  tlie  saftie  of  their  re- 
spective counties,  and  for  that  end  to  convene  together  to  con- 
sult, advise,  direct  and  coniand,  in  all  affairs  proper  for  a 
comittee  of  saftie  in  time  of  warre,  and  necessary  for  defence 
of  her  Majesties  subjects  and  carrying  on  the  warre  against  the 
common  enemy. 

And  this  Assembly  doth  desire  the  Govern''^  Hon''  with  his 
Councill  to  talvc  the  countie  of  Newlondon  into  his  care,  giving 
to  his  Hon'"  with  the  advice  and  assistance  of  any  two  of  his 
Councill,  full  power  to  advise,  direct  and  comand  in  all  matters 
and  things  necessary  for  the  safetie  of  her  Majesties  subjects 
and  their  interests  in  that  countie,  and  for  carrying  on  the 
warre. 

And  the  Hon^d  Deputy  Govern'',  M""  John  Ailing,  Major 
Ebenezer  Johnson,  M^  Jeremiah  Osborn,  M''  Thomas  Clerk, 
Capt.  Nathan  Andrews,  and  Capt.  Samuel  Eels,  to  be  the 
coinittee  for  the  countie  of  Newhaven,  they  or  any  three  of 
them  convened  to  have  full  power  to  act  in  all  affairs  proper 
for  a  comittee  of  safetie  in  their  countie. 
[448]  And  Capt.  Nathan  Gold,  M""  Joseph  Curtis,  M-"  Peter 
Burr,  Capt.  John  Wakeman,  Capt.  James  Judson,  M''  Ephraim 
Stiles,  and  Capt.  James  Olmstid,  to  be  the  coinittee  for  the 
countie  of  Fairfield,  they  or  any  three  of  them  convened  to 
have  full  power  to  consult,  advise,  direct  and  comand  in  all 
affairs  proper  for  a  comittee  of  safetie  in  that  countie. 

And  the  Councill  appointed  in  the  countie  of  Hartford  by 
the  Generall  Assembly  in  October  and  March  last,  and  nomin- 
ated and  coraissionated  by  the  Governrs  Hon''  for  the  safetie 
and  defence  of  her  Majesties  subiects  in  that  countie,  and  car- 
rying on  the  warre,  are  hereby  continued  in  the  charge  and 
trust  to  which  they  are  comissionated. 

Forasmuch  as  the  maintaining  and  defending  of  the  frontiers 
in  time  of  warre  is  of  uery  great  importance,  and  in  regard  it 
would  greatly  preiudicc  her  Majesties  interest  and  incourage 


1704.]  OF    CONNECTICUT.  463 

an  enemy  if  any  of  the  outposts  should  be  quitted,  or  exposed 
by  lessening  the  strength  thereof, — 

It  is  therefore  ordered  by  this  Court :  That  the  frontier 
townes  hereafter  named  are  to  be  so  accounted,  that  is  to  say, 
Symsbury,  Waterbury,  Woodbury,  Danbury,  Colchester,  Wind- 
ham, Mansfield,  and  Plainfield,  and  shall  not  be  broken  up  or 
voluntarily  deserted  without  application  first  made  by  the  in- 
habitants and  allowance  had  and  obteined  from  this  Court; 
nor  shall  any  inhabitant  of  the  frontiers  mentioned,  having  an 
estate  of  freehold  in  lands  and  tenements  within  the  same,  at 
the  time  of  any  insurrection  or  breaking  forth  of  warre  remove 
from  thence  with  intent  to  soiourn  elsewhere  without  libcrtie 
as  aforesaid,  on  pain  of  forfeiting  all  his  estate  in  lands  and 
tenements  lying  within  such  townships,  to  be  recovered  by  in- 
formation of  and  proof  made  by  the  select  men  of  such  towne. 
And  it  is  further  enacted  :  That  no  male  person  of  sixteen 
years  old  and  upwards,  that  shall  be  an  inhabitant  of  or  be- 
longing to  any  of  the  townes  aforementioned  at  the  time  of 
such  warre  or  insurrection,  shall  presume  to  leave  such  place 
on  penaltie  of  ten  pounds,  to  be  recovered  as  aforesaid ;  all  which 
penalties  to  be  improved  towards  the  defence  of  such  place  or 
places  whereof  such  person  or  persons  were  inhabitants. 

It  is  ordered  by  this  Court :  That  ten  men  shall  be  put  in 
garrison  in  each  of  these  townes  hereafter  mentioned,  that  is  to 
say,  Danbury,  Woodbury,  Waterbury,  and  Symsbury,  and  that 
the  rest  of  the  men  to  be  raised  out  of  the  counties  of  Newha- 
ven  and  Fairfield  with  such  Indians  as  can  be  procured  shall 
•be  put  under  sufficient  comanders  and  have  their  chief  head- 
quarters at  Westfield,  unlesse  otherwise  ordered  by  the  Coun- 
cill  of  Warre  in  the  countie  of  Hartford  ;  and  said  company  of 
English  and  Indians  shall,  from  time  to  time  at  the  discretion 
of  their  chief  comander,  range  the  woods  to  indevour  the  dis- 
[449]  covery  of  an  approaching  enemy,  and  in  ||  especiall 
manner  from  Westfield  to  Ousatunnuck. 

It  is  ordered  by  this  Court,  that  as  many  of  our  friend  In- 
dians as  are  fitt  for  warre  and  can  be  prevailed  with,  and  fur- 
nished with  all  things  suitable,  shall  goe  with  our  forces  against 
the  coinon  enemy ;  and  Major  Ebenezer  Johnson  is  hereby  ini- 


464  PUBLIC  RECORDS  [May, 

powered  and  ordered  to  imploy  suitable  persons  to  acquaint  the 
Indians  in  tlie  counties  of  Newliaven  and  Fairfield  of  this  con- 
clusion concerning  them,  and  to  furnish  such  of  said  Indians 
as  shall  offer  themselves  for  the  service  as  dbovesaid,  with  armes 
and  ammunition,  and  what  else  may  be  needfull  to  fitt  them 
out  for  warre,  and  cause  them  forthwith  to  repair  to  Derby,  to 
march  with  our  English  forces  under  the  comand  of  the  chief 
officer  for  the  said  service.  The  like  to  be  done  with  respect 
to  raising  Indians  in  the  countie  of  Newlondon  by  the  majr  of 
said  countie.  And  this  Court  allowes  the  same  wages  to  such 
Indian  volunteers  as  those  liave  that  are  gone  to  the  eastward. 
And  the  superiour  officer  of  the  forces  now  to  be  raised  shall 
have  power  to  release  so  many  English  from  the  service  as  there 
are  Indians  added  to  them  so  that  the  whole  number  be  still 
four  hundred.  And  for  the  incouragement  of  our  forces  gone 
or  going  against  the  enemy,  this  Court  will  allow  out  of  the 
publick  treasurie  the  suine  of  five  pounds  for  every  mans  scalp 
of  the  enemy  killed  in  this  Colonic,  to  be  paid  to  the  person 
that  doth  that  service  over  and  above  his  or  their  wages,  and 
the  plunder  taken  by  them. 

Ypon  consideration  of  a  letter  from  Govern""  Dudley*  where- 
in he  signifies  that  he  intends  to  send  two  hundred  volunteers 
to  the  countie  of  Hampshire,  to  march  to  Coassett  to  ingage  the 
enemy,  it  is  ordered  by  this  Court  that  when  our  frontier  townes 
are  secured  by  posting  such  souldiers  as  may  be  judged  need- 
full,  then  the  remainder  to  be  joyned  with  said  Massachusett 
souldiers  to  march  to  Coassett  if  it  be  judged  expedient  so  to 
doe. 

It  is  ordered  by  this  Court  that  the  select-men  in  every  town 
in  this  Colonic  doe  provide  a  sufficient  number  of  knapsacks 
and  hatchetts  with  strong  belts  for  them  for  every  sixth  man 
in  each  trainband,  all  to  be  provided  at  the  Colonic  charge  in 
such  townes  where  countrey  rates  are  levied ;  and  in  such  plan- 
tations or  townes  where  no  countrey  rates  are  levied,  to  be  pro- 
vided at  the  cliarge  of  the  towne  or  plantation.  And  the  select- 
men in  the  severall  townes  are  to  take  care  of  such  knapsacks, 

*Not  found  on  file.  Secretary  Kimberly's  answer,  dated  May  24,  is  in  War, 
111,63. 


1704.]  OF    CONNECTICUT.  465 

hatchetts  and  belts,  when  they  are  not  improved  in  the  service, 
and  be  accountable  for  them  when  they  are  called  for. 

It  is  ordered  by  this  Court  that  drumes  shall  be  beat  up  for 
the  raising  four  hundred  volunteers  to  repell  the  comon  enemy, 
[450]  and  if  there  shall  not  appear  volunteers  enough,  ||  the 
serj'  majors  having  received  expresse  order  from  the  Governour 
for  that  intent,  shall  send  forth  their  warrants  directed  to  the 
captains  or  other  chief  officers  of  the  severall  trainbands  be- 
longing to  their  respective  regiments,  requiring  them  either  by 
themselves  or  their  deputies  to  impress  so  many  men  propor- 
tionably  out  of  their  respective  companies  as  may  be  sufficient 
to  make  up  the  number  of  four  hundred,  which  warrant  shall 
be  sufficient  to  impower  the  said  officers  or  their  deputies  so 
to  doe. 

It  is  ordered  by  this  Court  that  Willia  Whiting  Esq''  shall  be 
Maj""  and  Comander  in  Chief  of  the  four  hundred  souldiers  now 
ordered  to  be  raised  and  improved  against  the  comon  enemy. 

And  Capt.  Abraham  Fowler  is  appointed  to  be  Capt.,  and 
Serj'  Joseph  Sackett  to  be  Lieu^  of  the  souldiers  raised  in  the 
countie  of  Newhaven  for  this  service. 

And  Capt.  Mathew  Allin  is  appointed  to  be  Captain,  and 
Serjt  David  Goodrich  to  be  Lieutenant  of  the  souldiers  raised 
in  the  countie  of  Hartford  for  the  said  service. 

And  Ensign  John  Osborn  is  appointed  to  be  Captain,  and 
Serj'  John  Hawley  to  be  Lieu'  of  the  souldiers  raised  in  the 
countie  of  Fairfield  for  this  service. 

And  Lieu'  Jeremiah  Fitch  is  appointed  to  be  Captain,  and 
Serjt  Ephraim  Minor  to  be  Lieuteiiant  of  the  souldiers  raised 
in  the  countie  of  Newlondon  for  the  said  service. 

It  is  ordered  by  this  Court  that  thirtie  men  of  the  quota 
raised  in  the  countie  of  Newlondon,  with  what  Indians  can  be 
gained,  shall  range  the  woods  on  the  east  side  of  Connecticutt 
River  according  as  the  Coinittee  of  safetie  shall  order ;  and 
Lieu'  Peter  Aspinall  is  appointed  Lieu'  of  said  companie,  to 
have  the  conduct  of  them,  and  also  wliat  men  are  to  be  raised 
out  of  the  frontier  townes  on  the  east  side  the  river  shall  be 
part  of  them.  And  those  men  to  be  raised  out  of  the  townes 
of  Symsbury,  Waterbury,Danbury,  and  Woodbury,  to  be  posted 
59 


466  PUBLIC   RECORDS  [May, 

in  the  severall  towiics  where  they  arc  raised,  to  be  under  the 
coiTiand  of  the  officers  of  those  townes  untill  they  are  drawn  off 
to  repell  the  comon  enemy. 

This  Assembly  grants  a  rate  of  one  halfe  pennie  upon  the 
pound  to  be  forthwith  levied  upon  the  inhabitants  of*  this  Col- 
onic according  to  the  list  of  estates  exhibited  in  Octobr  last,  to 
be  paid  in  currant  money  for  the  procuring  of  amies  and  amu- 
nition  for  the  service  of  the  Colonic,  to  be  lodged  in  the  sever- 
all  counties  by  proportion  according  to  the  sumes  levied  in 
each  countie,  to  be  in  the  hands  of  the  comittees  of  safetie  in 
the  severall  counties  and  disposed  of  by  them  as  they  shall  see 
cause.  Always  provided  alwayes  provided,  that  where  it  ap- 
pears that  any  persons  are  dead  since  August  last,  upon  certi- 
ficate thereof  from  authoritie,  there  shall  be  a  proportionable 
abatement  of  the  levie  upon  the  estate  to  which  such  deceased 
[451]  person  was  listed,  and  ||  where  money  is  not  to  be  had, 
such  rate  shall  be  levied  double  in  pay.  And  it  is  ordered  that 
a  copie  of  the  Court  Act  for  levying  of  this  rate  sent  to  the 
severall  constables  shall  be  as  sufficient  order  to  them  to  col- 
lect said  rates  as  if  the  treasurer  had  sent  forth  his  warrant  for 
gathering  thereof.  And  the  constables  are  to  make  up  their 
accounts  of  this  rate  with  the  rate  granted  in  October  last  at 
or  before  the  twentieth  day  of  June  next. 

It  is  ordered  and  enacted  by  this  Court :  That  the  Assist- 
ants in  the  counties  of  Newhaven  and  Fairfield,  with  Capt. 
John  Hamlin  and  Majf  John  Chester,  or  any  five  of  them,  shall 
hold  the  Court  of  Assistants  at  Newhaven  in  October  next, 
Capt.  Nathan  Gold  Judge  of  said  Court  Vicing  alwayes  one ; 
any  three  to  open  the  Court  and  to  adiourn  if  there  be  not  a 
quorum  untill  there  be  a  sufficient  number  of  Assistants. 
And  that  the  Assistants  in  the  countie  of  Hartford  with  Major 
James  Fitch,  Capt.  Daniel  Wetherell,  and  M""  Hichard  Cris- 
tophers,  or  any  five  of  them,  shall  hold  the  Court  of  Assistants 
at  Hartford  in  May  next,  William  Pitkin  Esq'"  Judge  of  said 
Court  being  alwayes  one ;  any  three  to  oj)en  the  Court  and  to 
adiourn  if  there  be  not  a  quorum  untill  there  be  a  sufficient 
number  of  Assistants.  And  that  Capt.  Nathan  Gold  sliall  be 
Judge  of  the  Court  of  Assistants  to  be  holden  at  Newhaven  in 


1704.]  OF    CONNECTICUT.  467 

October  next,  and  William  Pitkin  Esq""  Judge  of  the  Court  of 
Assistants  to  be  holden  at  Hartford  in  May  next. 

And  Jolin  IJains,  John  Elliot,  Henerie  Woolcutt,  Robert 
Wells,  John  Hooker,  and  Thomas  Hart,  Esq^^  are  appointed  by 
tliis  Assembly  to  bo  Justices  of  the  Peace  and  Quorum  in  the 
Countie  of  Hartford ;  and  Capt.  John  Fitch,  Capt.  Nathaniel 
White,  Lieu'  James  Treat,  Capt.  John  Chapman,  Capt.  John 
Higiye,  Lieu'  Timothie  Stanlye,  Eleazar  Kimberly  and  Mi- 
Dan"  Brainard,  are  appointed  to  be  Justices  of  the  Peace  in  the 
said  Countie  of  Hartford;  and  Maj--  John  Chester  is  appointed 
by  this  Assembly  to  be  Judge  of  the  Countie  Court  and  Court 
of  Probates  in  the  Countie  of  Hartford. 

And  Nathaniel  Lynde,  William  Eely,  Nehemiah  Smith,  Dan- 
iel Tayler,  Nehemiah  Palmer,  and  Richard  Bushnell,  Esq^s,  are 
appointed  by  this  Assembly  to  be  Justices  of  the  Peace  and 
Quorum  in  the  Countie  of  Newlondon  ;  and  M"-  Ephraim 
Minor  sen"-,  M--  Sam"  Buell,  and  Lieu'  Jonath.  Tracie,  arc  ap- 
pointed to  be  Justices  of  the  Peace  in  the  said  Countie  of  New- 
london, and  Mr  Michael  Tainter  to  be  Justice  of  the  Peace  in 
the  towne  of  Colchester ;  and  Capt.  Daniel  Wetherell  is  ap- 
pointed by  this  Assembly  to  be  Judge  of  the  Countie  Court  and 
Court  of  Probates  in  the  Countie  of  Newlondon. 

And  Jeremiah  Osborn,  Ebenezer  Johnson,  Thomas  Clerk, 
William  Malbie,  Eleazar  Stent,  and  Nathan  Andrews, Esq ■% are 
appointed  by  this  Assembly  to  be  Justices  of  the  Peace  and 
Quorum  in  the  Countie  of  Newhaven ;  and  Capt.  Sam"  Eels 
and  Mr  John  Hall  are  appointed  to  be  Justice^  of  the  Peace  in 
the  said  Countie  of  Newhave  ;  and  John  Ailing  Esq""  is  ap- 
pointed by  this  Assembly  to  be  Judge  of  the  Countie  Court 
and  Court  of  Probates  in  this  Countie. 

And  Capt.  John  Wakeman,  Capt.  Mathew  Sherwood,  Capt. 
James  Judson,  Capt.  John  Minor,  and  Capt.  James  Olmstid, 
are  appointed  by  this  Assembly  to  be  Justices  of  the  Peace  and 
[452]  Quorum  in  the  countie  ||  of  Fairfield;  and  M""  David 
Waterbury,  M^  Joseph  Bishop,  Lieu'  Sam"  Peck,  Lieu'  James 
Bebee,  and  M""  John  Sherman,  are  appointed  to  be  Justices  of 
the  Peace  in  the  said  Countie  of  Fairfield ;  and  Capt.  Nathan 
Gold  is  appointed  by  this  Assembly  to  be  Judge  of  the  Countie 
Court  and  Court  of  Probates  in  the  said  Countie  of  Fairfield. 


468  PUBLIC   RECORDS  [May, 

To  prevent  disorderly  pleading  in  Courts  of  judicature,  the 
severall  Courts  in  this  Colonie  are  by  this  Assembly  directed 
and  impowered  to  take  speciall  care  to  keep  good  order  in  their 
respective  Courts  that  there  may  not  be  clamours  and  noise  to 
pervert  justice,  and  for  that  end  to  give  rules  for  orderly  plead- 
ing, and  to  oblige  all  parties  concerned  to  speake  one  after 
another  in  their  turnes,  and  to  impose  fines  not  exceeding  five 
shillings  for  one  offence  upon  all  those  persons  that  shall  break 
such  orders. 

Whereas  we  are  often  told  from  the  publick  ministrie  as 
well  as  from  private  discourses  of  the  wise  and  pious  persons  of 
our  age,  tiiat  one  crying  sinne  that  may  procure  impending 
judgments  further  to  come  down  on  our  land  as  well  as  those 
that  are  already  inflicted  on  us,  is  the  neglect  of  putting  good 
lawes  in  execution  against  imoral  offenders,  that  therefore  such 
neglect  may  be  prevented  for  the  future :  It  is  ordered  and 
enacted  by  this  Court,  That  henceforth  there  shall  be  in  every 
countie  a  sober,  discreet  and  religious  person  appointed  by  the 
Countie  Courts  to  be  Atturney  for  the  Queen,  to  prosecute  and 
implead  in  the  lawe  all  criminall  offenders,  and  to  doe  all  other 
things  necessary  or  convenient  as  an  atturney  to  suppresse  vice 
and  imorallitie.  And  the  said  atturneys  charges  and  incour- 
agement  to  be  allowed  out  of  the  treasurie  of  the  countie.  And 
the  atturney  in  the  countie  of  Hartford  to  prosecute  criminalls 
in  the  Court  of  Assistants  when  holden  in  that  countie,  and  the 
Atturney  in  the  countie  of  Newhaven  to  prosecute  criminalls 
in  the  Court  of  Assistants  when  holden  at  Newhaven. 

This  Court  doth  desire  and  direct  the  rever*!  ministers  of 
this  Colonie  in  imitation  of  our  nation  to  excite  and  stirre  up 
their  good  people  to  perticular  societies  in  order  to  indevour 
a  reformation  of  what  provoking  evills  are  to  be  found 
amongst  us. 

Whereas  it  is  found  by  experience  that  post  seiit  upon  emer- 
gent occasions  are  so  impeded  that  they  are  forced  to  lye  upon 
their  own-  charges  unlesse  they  are  relieved  by  a  bill  from  au- 
thoritie  to  the  constables :  It  is  therefore  ordered  by  this  Court, 
that  in  cases  extraordinarie  the  authoritie  may  grant  a  bill  to 
the  constables  for  y^  defraying  of  such  charges  as  are  really 
necessary. 


1704.]  OF    CONNECTICUT.  469 

[453]  It  is  ordered  by  this  Court  that  the  plantation  at  Cock- 
inchang  shall  be  called  Durham,  and  the  inhabitants  there 
shall  have  this  figure,  ID  for  a  brand  for  their  horskind. 
And  the  brand  for  horses  in  the  towne  of  Danbury  shall  be  this 
'figure,  II.* 

Ordered  and  enacted  by  this  Court,  that  the  Governfs  Coun- 
cill  for  the  intervale  of  the  Courts  this  year,  viz  :  untill  October 
next,  shall  consist  of  the  same  members,  and  have  tlie  same 
power  as  they  had  given  to  them  the  last  Court. 

This  Assembly  doth  desire  that  S""  Henerie  Ashurst  should 
continue  in  his  Agencie  ii^behalfe  of  this  Colonic,  and  for  his 
service  therein  doe  order  that  there  shall  be  annually  paid  to 
his  assigne  in  Boston  the  sume  of  one  hundred  pounds  currant 
money  of  Newengland,  during  the  time  that  he  shall  continue 
Agent  for  this  goverment,  to  be  paid  out  of  the  Colonic 
treasurie. 

Ordered  and  enacted  by  this  Assembly,  that  S""  Henerie 
Ashurst  shall  continue  his  Agencie  for  this  Colonic  so  long  as 
both  Houses  shall  joyntly  agree,  and  no  longer. 

Tliis  Assembly  allowes  the  Treasurer  sixtie  pounds  in  pay  for 
his  sallerie  this  year  and  riding  the  circuit  to  make  up  his  ac- 
counts with  the  constables. 

The  Treasurer  is  by  this  Court  impowered  to  sell  the  land 
which  was  taken  from  John  Martin  upon  Kircums  account,  and 
give  a  sufficient  deed  for  conveyance. 

This  Court  doe  allow  unto  M""  John  Elliott,  Speaker,  thirtie 
shillings  in  pay  for  his  good  conduct  this  sessions,  and  to  Ele- 
azar  Stent  thirtie  shillings  in  pay  for  his  Clerkship  this  sessions. 

M""  Richard  Cristophers,  Mf  John  Eliot,  Capt.  Cyprian  Nick- 
ols,  M''  Joseph  Moss,  and  M^  Elisha  Holly,  or  any  four  of  them, 
are  appointed  by  this  Assembly  to  be  Auditors,  to  auditt  the 
Colonic  accounts  vv^ith  the  Treasurer. 

Whereas  there  is  a  complaint  by  Nicholas  Hallam  in  behalfe 
of  Owaneco  presented  to  the  Lords  of  tlie  Comittee  for  Forreign 
Plantations,  of  iniustice  done  him  by  tliis  corporation  and  sev- 
erall  English  within  this  Colonic,  in  taking  away  and  defraud- 
ing him  of  his  lands :  In  order  that  a  full  and  perfect  account 

*  The  same  brand  had  been  appointed  in  1687,  ante,  vol.  Ill,  240. 


470  PUBLIC  RECORDS  [May, 

of  that  matter  may  be  obteined  and  prepared  to  lay  before  their 
Lordships,  this  Court  orders  that  a  full  and  ample  comission 
shall  be  given  to  such  persons  as  this  Court  shall  make  choice 
of  to  hold  a  Court  of  Inquirie  in  such  place  or  places  within 
this  Colonic  as  they  shall  judge  convenient,  and  to  issue  out 
sumons  or  citations,  to  all  manor  of  persons  who  maybe  supposed 
to  hold  any  of  tliose  lands  that  have  been  claimed  by  the  said 
Owaneco  to  appear  before  them  and  shew  by  what  means  they 
have  obteined  and  doe  hold  the  said  lands  ;  as  also  to  adminis- 
ter such  oaths  and  to  make  such  orders  as  they  shall  judge 
necessary  to  enable  them  to  make  a  Xull  and  perfect  report  of 
the  whole  matter  of  fact  relating  to  the  said  claim,  whether  by 
Owaneco  or  by  this  goverment  or  by  any  perticular  persons  or 
[454]  townes  whatsoever ;  which  said  report  shall  be  made  ||  to 
the  Generall  Court  in  October  next,  that  thereby  a  true  answer 
may  be  given  to  tlie  aforesaid  complaint. 

Capt.  Dan"  Wetherell,  Mr  William  Pitkin,  the  Secretary, 
M''  John  Elliot,  Capt.  Richard  Bushnell,  and  Capt.  William 
Eely,  arc  appointed  and  impowered  by  this  Court  to  hold  the 
said  Court  of  Inquirie,  they  or  any  four  of  them  convened  to 
be  a  quoru  to  hold  the  said  Court,  and  to  have  and  exercise  all 
the  powers  mentioned  in  the  above  recited  bill. 

Capt.  Daniel  Wetherell,  M""  Richard  Cristophers,  and  M"" 
John  Plumb,  are  appointed  by  this  Court  to  bo  a  comittee  to 
auditt  Capt.  Prentices  accounts  respecting  the  fort  at  Newlon- 
don,  and  to  allow  what  is  just  and  reasonable  and  no  more. 

Capt.  Ebenezer  Johnson  is  by  this  Assembly  appointed  Serj' 
Majf  of  the  Countie  of  Newhaven,  and  to  be  comissioned  ac- 
cordingly. 

This  Court  grants  liberty  and  power  to  the  inhabitants  of 
Newlondon  living  on  the  east  side  the  river  to  make  a  rate  of 
twentie  pounds  yearly  as  an  addition  to  what  they  have  already 
given  to  their  minister ;  to  be  levied  on  the  severall  inhabit- 
ants on  that  side  the  river  and  gathered  according  to  the  usuall 
maiier  of  levying  and  gathering  the  ministers  rate  in  New- 
london. 

Ordered  and  enacted  by  this  Assembly :  That  the  severall 
town  officers  chosen  at  Greenwich  old  towne  for  the  present 


1704.]  OF    CONNECTICUT.  471 

year  at  a  town  meeting  warned  by  authoritie,  shall  continue  in 
their  severall  offices  till  the  time  appointed  by  lawe  to  choose 
new  officers. 

This  Court  desire  and  appoint  the  rever''  ministers  in  the 
townes  of  Hartford,  Windzor,  and  Wethersfield,  to  procure  a 
minister  for  Farmington,  who  are  hereby  ordered  to  receive 
him  and  to  pay*  him  as  formerly,  untill  this  Court  doe  order 
otherwise  or  themselves  agree. 

This  Assembly  having  considered  the  petition  of  Capt.  AUin 
Ball  and  John  Potter,  inhabitants  on  the  east  side  of  the  East 
River  in  the  township  of  Newhaven,  moving  that  whereas  this 
Assembly  did  formerly  grant*  that  they  should  be  a  distinct 
societie  and  have  libertie  to  call  and  settle  a  minister  amongst 
them  when  they  should  find  themselves  able  to  maintain  the 
ordinances  of  God  in  suitable  maiier,  and  that  they  doe  appre- 
hend that  they  are  now  able  so  to  doe,  that  therefore  this  Assem- 
bly would  please  to  grant  them  certain  priviledges  and  other 
matters  and  things  for  their  incouragement  and  inabling  to 
goe  forward  with  that  worke :  This  Assembly  for  divers  weighty 
reasons  doe  see  cause  to  referre  the  further  consideration  of 
their  petition  to  the  Gen"""  Assembly  in  October  next,  and 'if 
the  inhabitants  of  Newhaven  doe  not  appear  at  the  said  Gen""" 
Assembly  and  there  make  their  pleas,  then  the  petition  shall 
be  granted  with  this  restriction,  that  the  propertie  of  lands  shall 
not  be  concerned  with. 

Whereas  there  is  great  difficultie  and  trouble  amongst  the 
inhabitants  of  Lebanon  through  the  unsettlednesse  of  their 
[455]  lands,  1|  and  severall  of  the  inhabitants  have  made  their 
application  to  this  Court  for  a  settlment  without  signification 
given  to  the  persons  concerned  with  them :  It  is  ordered  by 
this  Court,  that  the  publication  of  the  said  application  in  the 
town  meeting,  or  reading  of  it  to  the  severall  persons  concerned, 
shall  be  accepted  in  that  case  (as  that  which  is  intended  in  the 
lawe,  title  Petition)  for  citation  ;  and  that  the  Court  may  have 
the  best  light  tliat  may  be  in  the  case,  doe  also  order  M""  Caleb 
Stanley,  surveyor,  (at  the  charge  of  the  persons  subscribing 
said  application)  to  runne  the  south  or  southerly  line  parralel 

*  In  May,  1680,  ante,  Vol.  Ill,  57. 


472  PUBLIC   RECORDS  [May, 

with  the  north  line  mentioned  in  the  deed  from  Owaneco,  and 
make  return  thereof  to  this  Court  in  October  next. 

This  Court  grants  the  petition  of  M""  Sam^^  Russell,  M""  Gur- 
don  Saltonstall,  M""  James  Steel,  M""  Benjamin  Tallcott,  M"" 
Nathan^^  Tallcott,  and  the  rest  of  the  proprietors  of  tlie  farmes 
at  Cockinchaug,  concerning  the  settlment  of  tlie  said  Cockin- 
chaug,  they  laying  downe  the  one  fourtli  part  of  tlioir  severall 
farmes  for  the  better  accomodation  of  inhabitants  to  be  received 
there;  which  quarter  part, together  with  such  comon  land  there 
that  hath  not  already  been  granted  away  by  the  Generall  Court, 
shall  be  laid  out  by  the  said  farmers  as  a  comittee  in  liouselotts 
and  other  allotments  to  such  persons  as  shall  offer  themselves 
for  inhabitants  there,  and  are  qualified  for  inhabitants  accord- 
ing to  lawe ;  which  plantation  shall  be  called  by  the  name  of 
Durham  and  have  this  figure  for  a  brand  for  their  horskind, 
viz.  ]D.  And  whereas  the  towne  of  Killinsworth  have  formerly 
had  a  grant  of  land  within  the  bounds  of  Cockinchaug,  it  is 
ordered  that  if  they  will  lay  downe  a  quarter  part  thereof  for 
the  accomodation  of  the  plantation  as  the  abovesaid  farmers 
doe,  then  they  shall  have  libertie  to  appoint  a  proportionable 
number  of  themselves  to  be  joyned  with  the  comittee  of  farmers 
for  the  laying  out  and  disposing  of  the  land  to  inhabitants  as 
is  before  expressed. 

Ordered  and  enacted  by  this  Court:  That  the  officers  ordered 
by  lawe  to  take  care  of  fortifications  in  Windzor  shall  indevour 
that  there  be  a  fortification  made  to  secure  the  ferry  there. 

Ordered  and  enacted  by  this  Court :  That  the  farmers  or  pro- 
prietors at  Cockinchaug,  viz.  those  proprietors  on  the  east  side, 
doe  run  their  lines  and  mark  their  bounds  within  one  year  and 
give  notice  to  their  adioyning  neighbours,  but  if  they  doe  not 
so  bound  their  farmes  that  then  the  surveyor  of  the  countie  of 
Hartford  shall  measure  and  bound  said  farmes  upon  the  charge 
of  the  proprietors. 

Tins  Assembly  (upon  the  request  of  severall  inhabitants  of 
the  towne  of  Preston)  doe  appoint  M""  John  Plumb  of  the  town 
of  Newlondon  with  two  more  suitable  persons  to  newsurvey 
the  bounds  of  the  bounds  of  the  said  towne  of  Preston  from 
Stonington  bounds  to  the  north  end  of  their  bounds,  and  to 


170  J:.]  OF    CONNECTICUT.  473 

make  report  of  their  survey  to  this  Assembly,  that  if  they  have 
not  the  qiiantitie  that  their  grant  mentions  the  Assembly  may, 
if  they  see  cause,  make  up  what  is  wanting,  and  so  settle  the 
bounds  of  their  towne  that  the  inhabitants  may  enioy  peace. 

This  Atrsembly  doth  give  and  grant  to  M'  Thomas  Bucking- 
ham, Capt.  John  Chapman,  M'"  John  Pratt,  Capt.  John  Clerk, 
M'  William  Parker,  M""  Rob*  Lay,  Zecharic  Sanford,  of  y^  town 
of  Saybrook,  and  to  the  rest  of  the  present  proprietors  of  that 
tract  or  parcell  of  land  called  by  the  name  of  Saybrook  within 
this  Ihis  Colonic,  in  their  actuall  full  and  peaceable  possession 
[456]  and  seizin  being,  ||  their  heirs  and  assignes  forever,  all 
that  the  said  tract  and  parcell  of  land  called  and  known  by  the 
name  of  Saybrook,  conteining  by  estimation  about  sixtie  three 
square  miles  of  land,  or  fortie  thousand  three  hundred  and  twen- 
tie  acres,  be  the  same  more  or  lesse,  butted  and  bounded  as  fol- 
io wetli,  that  is  to  say,  on  the  east  or  easterly  with  the  Great  River 
of  Connecticutt,  and  on  the  south  or  southerly  with  the  sea  or 
sound,  and  on  the  north  or  northerly  with  a  strait  line  drawn 
and  running  near  west  from  a  certain  oak  tree  marked  and  a 
meerstone  sett  by  it  standing  about  four  or  five  rods  west  from 
the  banke  of  the  said  River  of  Connecticutt  and  near  west  from 
the  southern  or  lower  end  of  Twentie-mile  Island  in  the  said 
river,  to  a  heap  of  flatt  stones  cast  up,  the  northwest  corner 
boundmarkc  being  y^  line  between  the  said  towne  of  Saybrook 
and  the  towne  of  Haddum ;  and  on  the  west  or  westerly  with 
a  line  drawn  and  runing  near  south  from  the  said  heap  of  flatt 
stones  to  two  chestnutt  trees  growing  out  of  one  root  close  by 
a  great  rock  that  is  upright  like  a  wall  on  its  south  side,  and 
thence  to  a  white  oak  tree  marked  with  the  letters  S.  B.  on  the 
cast  side  and  K.  B.  on  the  west  side,  standing  near  the  old 
riding  place  or  pathway  through  Manunkateset  River,  and 
thence  to  a  white  oak  stadle  whose  top  is  cutt  off,  and  about 
which  is  a  heap  of  stones  cast  up,  standing  on  the  banke  near 
the  sea  shore,  being  the  line  between  the  said  towne  of  Say- 
l)rook  and  the  town  of  Kilinsworth ;  which  said  tract  or  parcell 
of  land  is  esteemed  to  bo  about  eleven  miles  in  length  from  the 
north  to  the  south  end  thereof,  and  about  seven  miles  in  breadth 
at  the  south  end  thereof  by  the  sea  or  sound,  and  about  four 
60 


474  PUBLIC   RECORDS  [May, 

miles  and  an  halfe  mile  in  breadth  at  the  north  end  thereof 
next  the  town  of  Haddii  aforesaid ;  and  also,  all  and  singular 
the  rights,  priviledges,  hereditaments  and  appurteiiances  of 
the  same.  And  this  Assembly  doe  order  and  enact  that  the 
said  Thomas  Buckingham,  John  Chapman,  John  Pratt,  John 
Clark,  William  Parker,  Robert  Lay,  Zechariah  Sanford,  and 
the  rest  of  the  said  present  proprietors  of  the  tract  of  land 
hereby  granted  to  them,  shall  have  a  pattent  for  the  said  land 
and  premises  hereby  granted,  so  butted  and  bounded  as  afore- 
said, to  be  signed  by  the  Govern'"  and  Secretary,  in  the  name  and 
behalfe  of  the  Governour  and  Company  or  the  Generall  Assem- 
bly of  this  her  Majesties  Colonic ;  which  pattent  shall  be  of  full 
force  and  virtue  to  all  intents  and  purposes  in  the  lawe  for  the 
ensuring  and  sure-making  of  all  the  said  tract  of  land  and  prem- 
ises so  butted  and  bounded  as  aforesaid  with  its  appurtennances 
vnto  the  said  Thomas  Buckingham,  John  Chapman,  John  Pratt, 
John  Clerk,  William  Parker,  Robert  Lay,  Zechariah  Sanford, 
and  the  rest  of  the  said  present  proprietors  thereof,  their  heirs 
and  assignes  forever ;  and  that  the  said  tract  of  land  shall  from 
time  to  time  forever  hereafter  be  deemed,  reputed,  and  be,  an 
intire  township  and  town  of  itselfe,  and  called  and  known  by 
the  name  of  Saybrook,  and  that  the  proprietors  and  inhabitants 
[457]  thereof  shall  ||  at  all  times  forever  hereafter  have,  use, 
exercise  and  enioy  all  such  rights,  powers  and  priviledges 
among  themselves,  as  are  given,  granted,  allowed,  exercised 
and  enioyed  by  and  amongst  the  inhabitants  and  proprietors  of 
other  townes  in  this  Colonic. 

The  Report  of  the  comittee  appointed  by  this    Assembly  in 

October  last  to  survey  a  tract  of  land  petitioned  for  by  Capt. 

Andrew  Belcher  of  Boston,  merch',  is  as  follows,  viz^ : 
To  the  Honbi  the  Gen""!!  Assembly  of  the  Colonic  of  Cofiecticutt 

sitting  in  Hartford  May  the  ll^h,  1704. 

Whereas  the  Generall  Assembly  of  the  said  Colonic  held  at 
Newhaven  October  the  14'^,  1703,  did  order  and  appoint  us 
the  subscribers  hereunto  to  measure  and  survey  a  certain  tract 
of  land  adioyning  to  Capt.  Andrew  Belchers  farme  called  Mer- 
riden,  and  lying  between  the  said  farme  and  the  top  or  ridge  of 
the  mountain  usually  called  Lamentation  Mountain  (which  said 
tract  of  land  the  said  Belcher  did  petition  for  to  the  said  Court) 
and  to  make  our  return  thereof  to  this  Hon'"'!  Court  now  sitting 


1704.]  OF    CONNECTICUT.  475 

both  as  to  the  quantitie  and  qualitie  thereof:  In  pursuance 
whereof  we,  the  said  subscribers,  did  survey  and  measure  the 
said  tract  of  land  in  manor  as  followes,  viz.  from  the  southeast 
corner  of  the  said  farnie  we  run  and  measured  east  (by  the 
needle  of  the  surveying  instrument)  eighty  rods,  and  then  east 
seventeen  degrees  northerly  sixtie  eight  rods  to  the  top  of  the 
said  mountain,  and  from  the  northeast  corner  of  the  said  farme 
we  run  and  measured  east  29  degrees  southerly  one  hundred 
and  twentie  rods  to  the  top  of  the  same  mountain.  We  also 
found  the  said  mountain  to  lye  and  bear  near  north  thirtie  de- 
grees easterly,  south  30  degrees  westerly ;  and  considering  the 
same  with  the  lines  that  are  the  eastern  boundary  of  the  said 
farme  (having  a  plott  thereof  before  us)  we  found  that  the  said 
land  petitioned  for  as  aforesaid,  doth  contein  about  two  hun- 
dred and  eightie  acres.  And  as  to  the  qualitie  thereof  by  reason 
that  the  same  is  almost  wholy  consisting  of  steep  rocky  hills, 
and  very  stony  land,  we  judge  it  to  be  very  mean,  and  of  litle 
valine.     All  which  we  humbly  present  to  this  Hon^"'  Assembly. 

Thomas  Hart, 
Caleb  Stanly,  Survey^ 

This  Assembly  grants  to  Capt.  Andrew  Belcher  of  Boston, 
merch',  and  to  his  heirs  forever,  the  tract  of  land  mentioned  in 
the  above  survey,  conteining  about  two  hundred  and  eighty 
acres  with  the  bounds  and  abuttments  as  above  exprest,  and 
that  he  shall  have  a  pattent  for  the  confirmation  of  it  accord- 
ingly, to  be  signed  according  to  lawe  in  the  name  of  this  Assem- 
bly. Alwayes  provided  it  shall  not  intrench  upon  the  propertie 
of  any  other  person,  or  upon  any  plantation. 

The  report  of  the  surveyors  appointed  by  this  Assembly  to  lay 

out  land  to  Thomas  Dickison  of  Glassenbury. 
To  the  Honi^i  the  Generall  Assembly  of  the  Colonic  of  Connect- 
icutt  sitting  in  Hartford  May  the  11th,  1704. 
Whereas  the  Genr"  Assembly  of  the  said  Colonic  held  at 
Hartford  May  13th,  1703,  did  order  and  appoint  the  surveyor 
of  the  countie  of  Hartford  and  the  town-measurer  or  surveyor 
[458]  of  some  towne  in  the  said  countie  to  ||  survey  and  lay 
out  one  hundred  and  ten  acres  of  the  said  Colonies  land  for 
the  heirs  of  Samuel  Hale  and  Thomas  Hale  deceased,  formerly 
granted  to  them  (which  is  now  purchased  by  and  belonging  to 
Thomas  Dickison  of  Glassenbury  in  the  countie  aforesaid.) 
In  pursuance  whereof  we,  the  subscribers  hereunto,  have  sur- 
veyed and  laid  out  the  same  in  mailer  following,  that  is  to  say, 
we  began  at  a  certain  great  white  oak  tree  marked  with  divers 


476  PUBLIC   RECORDS  [May, 

letters,  standing  eastward  of  a  place  called  Sadlers  Ordinary, 
and  in  Glassenbury  southern  line  or  boundary  and  about  four 
foot  from  the  road  or  path  leading  from  said  Glassenbury  to 
Colchester ;  and  from  the  said  tree  we  run  (by  the  needle  of 
the  surveying  instrument)  south  30  degrees  56  minutes  east- 
erly 168  rods  to  another  great  white  oak  tree  markt,  standing- 
near  the  great  pond  by  the  said  road ;  and  thence  we  run  west 
30  degrees  fiftie  six  minutes  southerly  110  rods  to  a  small 
white  oak  tree  markt ;  and  thence  north  30  degrees  56  minutes 
westerly  236  rods,  to  another  white  oak  tree  markt,  standing 
also  in  Glassenbury  southern  line  or  boundary ;  and  thence 
east  in  the  said  line  or  boundarie  129  rods  to*  the  first  mentioned 
great  white  oak  tree  where  we  began.  The  said  piece  of  land 
so  surveyed  comprehendeth  within  it  a  piece  of  meadow  land, 
called  the  meadow  of  Sadlers  Ordinarie,  and  is  bounded  with 
the  said  towne  of  Glassenbury  on  the  north  or  northerly ;  which 
survey  is  humbly  presented  to  this  Honi^'  Assembly,  by 

Caleb  Stanly,  Surveyor, 
Benjamin  Churchell,  Survey ^ 

This  Assembly  grants  to  Thomas  Dickison  of  the  towne  of 
Glassenbury,  and  to  his  heirs  forever,  the  one  hundred  and  ten 
acres  of  land  mentioned  in  the  above  survey,  according  to  the 
bounds  and  abuttments  above  exprest,  and  that  he  shall  have  a 
pattent  for  the  confirmation  of  it  accordingly,  sign'^  according 
to  lawe  in  the  name  of  this  Assembly.  Provided  it  doth  not 
intrench  upon  the  propertie  of  any  other  person  or  upon  any 
plantation. 

M""  John  Wakeman  is  by  this  Assembly  appointed  to  be 
Captain  of  the  trainband  in  the  towne  of  Fairfield,  and  M"" 
Thomas  Williams  to  be  Ensign  of  the  trainband  in  the  towne 
of  Plainfield,  and  Lieu*  John  Beardsly  to  be  Capt.  of  the  train- 
band in  the  plantation  of  Stratfield,  and  Lieu*  James  Bennet 
to  be  their  Lieutenant,  and  Ensign  Joseph  Treat  was  appointed 
Lieutenant  of  the  eldest  or  first  company  in  the  towne  of  Mil- 
ford,  and  Serjt  Beniamin  Fen  to  be  their  Ensign,  and  M^  Wil- 
liam Hall  is  appointed  to  be  Ensign  of  the  trainband  in  the 
towne  of  Mansfield.  All  the  abovesaid  officers  are  coiTiissiona- 
ted  to  their  respective  offices  by  order  of  the  Gen''"  Assembly. 

Whereas  Capt.  Thomas  Allin  of  Windzor  died  intestate,  and 
a  distribution  of  his  housing  and  land  was  partly  made  by  the 
countie  court,  and  afterwards  by  order  of  the  Genf"  Court  there 


1704.]  OF    CONNECTICUT.  477 

was  a  further  distribution  of  said  lauds,  which  distributions  in- 
[459]  tcrfere  ||  bj  setting  out  land  to  Capt.  MatheV  Allin  which 
was  before  sett  out  to  his  brothers  :  This  Court  therefore  order 
and  fully  impower  the  court  of  probates  in  the  countie  of  Hart-" 
ford  to  inquire  into  that  matter,  and  make  such  orders  concern- 
ing a  new  distribution  of  the  aforesaid  land,  the  former  distri- 
butions of  which  have  interfered  as  aforesaid,  and  also  concern- 
ing the  rest  of  the  land  belonging  to  said  Capt.  Thomas  Allin 
which  is  not  yet  distributed,  as  shall  seem  just  and  legall  to  the 
said  court  of  probates  for  a  full  issue  of  that  matter,  any  former 
distribution  of  said  lands  notwithstanding. 

This  Assembly  upon  the  application  of  Ensign  Joseph  Peck 
of  Milford  that  a  stop  might  be  put  to  execution  upon  the  judg- 
ment of  the  Court  of  Assistants  holden  the  fourth  of  this  instant 
in  a  case  depending  before  them  by  appeal  upon  a  plea  of  non- 
suit in  an  action  of  trespasse  coiTienced  against  him  by  Thomas 
Andrews  of  the  same  towne ;  by  which  judgm'  the  Court  of 
Assistants  declared  the  plea  of  nonsuit  to  be  a  void  plea,  and 
that  the  action  ought  to  proceed,  and  that  said  Joseph  Peck 
should  pay  costs  five  pounds  and  three  pence  pay  :  This  Assem- 
bly having  considered  the  case  doe  order  that  in  case  the  said 
Andrews  shall  goe  forward  with  his  suit  in  said  action  of  tres- 
passe untill  the  same  be  finally  issued,  that  then  he  that  shall 
lose  in  said  action  at  last  shall  bear  all  costs,  and  in  the  mean 
time  execution  upon  said  judgm^  shall  be  suspended,  or  if  it  be 
already  served  upon  the  estate  of  the  said  Joseph  Peck  his  goods 
shall  be  returned  to  him.  xVnd  if  the  said  Andrews  shall  nee;- 
lect  or  refuse  to  bring  forward  his  suit  in  the  said  action  of 
trespasse  in  Newhaven  countie  court  as  already  begun,  then 
the  judgmt  of  the  said  Court  of  Assistants  for  the  paym^  of  the 
said  five  pounds  and  three  pence  pay  to  be  void  and  of  none 
effect. 

Solomon  Andrews,  William  Warren,  Thomas  Warren  and 
Mathias  Treat,  petitioning  to  this  Court  that  they  may  continue 
to  pay  their  proportions  to  the  ministrie  on  the  west  side  of  the 
river  at  Hartford,  and  not  to  be  compelled  to  pay  to  the  minis- 
trie  on  the  east  side,  their  petition  is  not  granted,  but  they  shall 
continue  to  pay  to  the  ministrie  on  the  east  side  of  the  river. 


478  PUBLIC   RECORDS  [May, 

It  is  ordered  by  this  Court  that  M""  Thomas  Richards  of  Hart- 
ford shall  have  a  hearing  of  his  petition  concerning  his  servant 
Abda,  at  the  Genf'i  Court  in  October  next,  if  he  shall  there  pros- 
ecute it  according  as  the  lawe  directs.* 

This  Court  confirmes  an  exchange  of  land  made  between  Jo- 
seph Pratt  sen"^  late  of  the  towne  of  Saybrook  deceased,  and 
Marie  Bate,  widdow  and  relict  of  Sam"  Bate  late  of  said  towne 
dec',  an  ace'  whereof  follows,  viz.  Marie  Bate. upon  the  s"^  ex- 
change hath  received  one  acre  bonndcd  south  on  the  highway, 
west  upon  said  Pratts  land,  north  and  east  upon  said  Bates 
land ;  and  the  said  Joseph  Pratt  hath  in  lieu  thereof  three  acres 
and  a  halfe  of  swamp  land,  bonnded  north  upon  the  comons, 
east  and  south  upon  said  Bates  land,  west  upon  said  Pratts  land. 

This  Assembly  grant  libertie  and  full  power  to  Elizabeth 
Clerk  of  the  towne  of  Hartford,  widdow  and  relict  of  Tliomas 
Clerk  late  of  said  Hartford,  tanner,  dec^,  to  sell  to  John  Turner 
of  the  same  Hartford,  glover,  the  moietie  or  one  full  halfe  part 
of  a  tan  yard  and  the  houses  and  appurtenances  thereof,  lying 
[460]  and  being  in  Hartford  aforesaid  ||  which  the  said  Thomas 
Clerk  purchased  and  bought  of  the  said  John  Turner  a  litle 
before  his  decease  (the  other  moietie  whereof  now  belongs  to 
the  said  Turner)  and  to  make  and  give  a  good  and  sufficient 
deed  and  conveyance  of  the  same  to  the  said  Turner  as  the  lawe 
requires. 

This  Assembly  grants  full  power  to  James  Handerson  of 
Hartford,  administrator  on  the  estate  of  John  Grave  late  of 
Hartford  dec',  to  exchange  five  acres  and  a  halfe  of  land  lying- 
in  Hartford  belonging  to  the  estate  of  the  said  Jolni  Graves, 
with  Henerie  Brace  of  said  Hartford  for  other  five  acres  and 
halfe  of  land  late  belonging  to  said  Grave  purchased  hy  the 
said  Brace,  and  to  sell  the  dwelling  house  of  the  said  Graves  to 
the  said  Brace,  and  make  and  give  sufficient  deeds  for  the  same. 
Provided  the  said  James  Handerson  shall  give  securitie  by  two 
good  bondsmen,  such  as  the  court  of  probates  shall  appoint  in 
trust  for  said  Graves^  heirs,  to  pay  the  money  produced  upon 
the  sale  of  said  house  to  the  heirs  of  said  Graves  when  they 
come  of  age  to  receive  it. 

*  A  curious  and  interesting  fugitive  slave  case,  papers  connected  with  whicli  are 
in  Miscellaneous,  II,  10-21. 


1T04.]  OF    CONNECTICUT.  479 

Ordered  by  this  Court  that  the  whole  difference  between  the 
Treasurer  and  Sam"  Steel  and  William  Goodwin,  constables  of 
Hartford  for  the  year  1698,  be  referred  to  the  consideration  and 
determination  of  M--  Nathan"  Stanly,  Major  John  Chester,  Mr 
Timothie  Woodbridge,  and  M"-  Caleb  Watson,  who  shall  at  a 
convenient  time  by  them  appointed  have  the  whole  accounts  laid 
before  them  by  the  treasurer  and  the  abovesaid  constables  for 
that  end ;  and  that  the  determination  of  any  three  of  those  gen- 
tlmen  appointed  to  hear  the  diffei-ences  between  the  treasurer 
and  the  said  constables  shall  be  a  finall  issue  in  that  matter ; 
and  if  there  be  need  execution  to  be  granted  thereupon,  and 
that  the  said  parties  forbear  any  further  processe  at  the  Court 
of  Assistants  in  that  matter. 

Whereas  Anne  Mew  of  the  towne  of  Newhaven  did  give, 
grant,  bargain  and  sell,  unto  Tliomas  Trowbridge  of  the  same 
towne,  mercliS  fourteen  acres  of  meadow  in  the  fresh  meadow 
near  the  iron  works,  bounded  on  the  west  by  John  Austin  his 
meadow,  on  the  south  by  the  upland,  on  the  east  by  the  meadow 
of  the  said  Ann  Mew,  also  on  the  north  by  the  said  Mew,  as  ap- 
pears by  a  deed  under  the  hand  and  seal  of  the  said  Ann  Mew, 
bearing  date  the  sixt  day  of  Aprill,  one  thousand  sixe  hundred 
eighty  eight,  this  Assembly  doth  hereby  confirme  the  said  deed 
of  sale. 

This  Assembly  upon  the  petition  of  Sam  •  Sterry  of  the  town 
of  Preston,  grant  to  him  libertie  to  prosecute  a  review  from  the 
judgm*  of  the  countie  court  liolden  at  Newlondon  September 
the  16'hj  1701,  in  a  case  there  depending  between  him  and  En- 
sign William  Denison  respecting  a  certain  parcell  of  land  in 
the  said  towne  of  Preston,  at  the  countie  court  to  be  holden  at 
Newlondon  in  June  next,  and  to  proceed  further  in  lawe  from 
court  to  court  untill  the  case  be  ended. 

This  Assembly  doth  recomend  it  to  the  countie  court  in  New- 
[461]  london  ||  to  consider  the  fine  imposed  by  the  said  court 
upon  Joseph  Seldin  and  his  two  sonnes,  and  according  to  his 
good  behaviour  to  abate  or  remit  the  same  as  in  their  wisdome 
they  shall  judge  most  conducing  to  the  publick  peace  and  liis 
own  good. 

Joseph  Seldin  of  the  towne  of  Lyme  appearing  in  Court  to 


480  PUBLIC   RECORDS  [May, 

prosecute  his  complaint  against  Capt.  William  Eely  for  male- 
administration,  Capt.  Eely  pleaded  in  barr  that  he  had  no"  cita- 
tion. The  Court  considering  that  this  case  is  brought  to  this 
board  by  referrence  from  the  GenfH  Assembly  in  Octobr  last, 
and  that  both  parties  are  under  bond  to  appear  before  this 
Court,  Joseph  Seldin  to  prosecute  his  complaint,  and  Capt. 
Eely  to  answer  and  abide  the  judgm^  of  the  Court  therein,  the 
Court  overules  the  plea  in  barr  and  order  that  the  complaint 
shall  proceed  to  a  hearing.  The  Court  having  heard  and  con- 
sidered the  pleas  of  both  parties  doe  not  judge  Capt.  Eely  to  be 
guiltie  of  male-administration  in  the  matters  alledged  by  said 
Seldin,  and  therefore  order  that  said  Seldin  shall  pay  to  Capt. 
Eely  cost  of  suit.  Cost  allowed  to  Capt,  William  Eely  in  this 
suit  is  two  pounds  eleven  shillings  and  sixe  pence  in  pay,  and 
nineteen  shillings  and  four  pence  in  money. 

This  Assembly  upon  the  petition  of  John  Riggs  of  the  town 
of  Derby  doe  remitt  a  fine  imposed  upon  him  by  the  countie 
court  holden  at  Newhaven,  for  branding  a  colt  contrary  to  lawe. 

Cost  allowed  to  M""  Thomas  Hooker  for  attendance  at  this 
Court  upon  the  citation  of  Bevill  Waters  is  eighteen  shillings. 

Cost  allowed  to  M""  Roger  Woolcutt  for  attendance-  at  this 
Court  upon  the  citation  of  Simon  Drake  of  Windzor  is  ten 
shillings. 

The  Govern""  and  Councill  did  declare  it  to  be  their  opinion 
that  appeals  from  thejudgm'^s  of  courts  in  civill  actions  to  her 
Majestic  in  Councill  ought  not  to  hinder  execution,  and  accord- 
ingly did  order  that  execution  upon  such  judgments  should  be 
issued  forth  notwithstanding  such  appeals. 

Daniel  Clerk  of  the  towne  of  Hartford,  smith,  being  fined 
ten  shillings  at  the  Court  of  Assistants  and  also  ordered  to  be 
coniitted  to  gaol  for  his  misbehaviour  and  refusing,  to  find  sure- 
ties for  his  good  behaviour,  petitioned  this  Court  to  release  him 
of  his  fine  and  also  to  grant  him  gaol  deliverie.  The  Lower 
House  grants  his  pe[ti]tion,  the  Upper  House  leave  the  con- 
sideration of  his  petition  to  the  Court  of  Assistants. 

M""  Jeremiah  Osborn  of  Newhaven  appeared  in  this  Assem- 
bly, and  pursuant  to  the  libertie  granted  to  him  by  the  Generall 
Assembly  in  Octo'^''  last  past,  moved  the  Court  to  reverse  a 


1704.]  OF     CONNECTICUT.  481 

judg-mt  recovered  against  him  by  Luke  Hitcock  of  Springfield 
at  the  Court  of  Assistants  holden  at  Hartford  in  May,  1708. 
The  Court  having  heard  and  considered  M""  Osborns  pleas  in 
that  behalfe,  doe  not  see  sufficient  reason  to  reverse  the  s-aid 
judgmt,  but  doe  approve  thereof. 

This  Assembly  doth  appoint  the  second  Wedensday  in  June 
next  to  be  kept  as  a  day  of  publick  fasting  and  prayer  through- 
out this  Colonic.  A  bill  for  the  fast  was  read  and  approved  of 
in  tliis  Assembly. 

At  this  Assembly  Capt.  Mathew  Allin  was  chosen  Justice  of 
the  Peace  for  the  countie  of  Hartford. 


[462]     Acts  and  Lawes  passed  at  a  Generall  Assembly 

HOLDEN  AT  NeWHAVEN  OCTOBER   THE  121^^  1704,  AND 

continued    by  ADIOURNMENTS  to  the    24tli  DAY 

OF  THE  SAME  MONTH. 

Present : 
Majr  Genrii  Fitz  John  Winthrop  Esqs  Governs 
Colonii  Robert  Treat  Esq"",  Depty  Govern^. 
Assistants  jjresetit  : 
Majr  James  Fitch,  Maj'-  John  Chester, 

Capt.  Daniel  Wetherel,  Josiah  Rossiter,         ^ 

Nathaniel  Stanly  Esq%  Richard  Cristophers,  [  ^ 

William  Pitkin  Esqs  Peter  Burr,  ^^^sq""', 

Joseph  Curtis  Esq"-,  John  Ailing.  j 

Deputies  present : 
Hartford,  Capt.  Cyprian  Nichols,  Capt.  Joseph  Wadsworth.  • 
Newhaven,  M-"  Abraham  Bradlye,  Ens.  John  Bassett. 
Windzor,  M^  John  Wolcutt,  Capt.  Mathew  Allin. 
Newlondon,  Capt.  John  Prents,  M"-  Samuel  Rogers. 
Fairfield,  M-"  Samuel  Squire,  M'-  Thomas  Jones,  -j— 
Milford,  M'-  Thomas  Clarke,  Capt.  Samuel  Eels. 
Wethersfield,  Lieu'  William  Warner,  Serjt  John  Curtis. 
Midltown,  Capt.  Nathan"  White,  Capt.  John  Hall. 
Branford,  Capt.  Eleazar  Stent,*  M'"  Noah  Rogers. 

*  Clerk. 

61 


482  PUBLIC    RECORDS  [Oct. 

Gilford,  Capt.  Abraha  Fowler,  M^  Joseph  Dudlye. 

Saybrook,  Mf  Nathan^  Lynde,  M^  Robert  Chapman. 

Norwalk,  M^  Thomas  Betts. 

Danbury,  Serj'  Josiah  Starr. 

Norwich,  Capt.  Richard  Bushnel,  M""  Joseph  Baccus. 

Stonington,  M""  Sam"  Stanton. 

Farmingto,  Capt.  Thomas  Hart,*  M""  John  Hooker. 

Symsbury,  Capt.  John  Higly. 

Woodbury,  M^  John  Sherman,  Lieu'  Israel  Curtis. 

Glassenbury,  Lieu'  Sam"  Hale,  Serj^  John  Hul)berd. 

Stanford,  M'"  Sam'^  Hoyt,  M>-  Elisha  Holly. 

Lyme,  M""  Matliew  Griswold,  M'"  Thomas  Bradford. 

Kihnsworth,  M^  Sam"  Buel,  M""  John  Griswold. 

Stratford,  M""  Ambros  Thomson,  M""  Benja"  Beech. 

Waterbury,  M""  Thomas  Jud,  M""  Thomas  Jud  J''. 

Preston,  Deaco  Caleb  Fobes,  M>"  Daniel  Brewster. 

Haddum,  M""  Daniel  Brainer,  Capt.  John  Chapman. 

Wallingford,  Capt.  Tho.  Yale,  Ens.  Nathan"  Royse. 

Derby,  Maj""  Ebenezer  Johnson. 

Windha,   M"^  Thomas  Huntington. 

Persons  nominated  to  stand  for  Election  in  May  next  to  the 

place  of  Assistants  in  this  govermerit  are  : 
[463]  Major  Genr"  Fitz  John  Winthrop  Esqr,  Colon'^  Rob* 
Treat  Esq"",  Majf  James  Fitch,  Capt.  Daniel  Wetherel,  Nathan" 
Stanly  Esq^  Capt.  Caleb  Stanly,  Capt.  John  Hamlin,  Capt. 
Nathan  Gold,  William  Pitkin  Esq"",  Joseph  Curtis  Esqf,  May 
John  Chester,  Josiah  Rossiter  Esq'',  Richard  Cristophers  Esq"", 
Peter  Burr  Esq"",  John  Ailing  Esq"",  John  Hains  Esq"",  M'"  Jere- 
miah Osborn,  M""  John  Eliot,  Capt.  Abraham  Fowler,  Eleazar 
Kimberly. 

Ordered  and  enacted  by  the  Govern'",  Councill  and  Repre- 
sentatives in  Generall  Court  assembled  and  by  the  authoritie 
of  the  same:  That  all  persons  qualified  for  freemen,  according 
to  the  lawe,  title  Freemen,  bringing  certificate  (as  in  the  said 
lawe  is  required)  to  an  Assistant  or  justice  of  the  peace,  and 
that  shall  take  the  following  oath,  (which  the  said  Assistant  or 
justice  of  the  peace  is  hereby  impowered  to  administer)  viz. 

*  Speaker. 


170-4.]  OF    CONNECTICUT.  483 

You  A.  B.  being  by  the  providence  of  God  an  inhabitant 
within  this  her  Majesties  Colonic  of  Connecticut,  and  now  to  be 
made  free  of  the  same,  doe  swear  by  the  overliving  God  that 
you  will  be  true  and  faithfull  to  her  Majestic  Queen  Ann  and 
to  her  lawfull  successors,  and  to  the  govcrment  of  her  Majes- 
ties said  Colonic  as  established  by  charter,  and  whensoever  you 
shall  give  your  vote  or  suflfrage  touching  any  matter  which 
concerns  this  Colonic,  being  called  thereunto,  you  will  give  it 
as  in  your  conscience  you  shall  judge  may  conduce  to  the  best 
good  of  the  same,  without  respect  of  persons  or  favour  of  any 
man.     So  help  you  God. 

Every  such  person  shall  be  a  freeman  of  this  Colonic. 

It  is  ordered  and  enacted  by  this  Court,  that  the  comittees 
in  the  several  counties  in  this  Colonic  appointed  in  May  last  to 
take  care  of  and  provide  for  the  safetie  of  their  respective  coun- 
ties shall  be  continued  in  the  same  power  untill  the  Generall 
Assembly  in  May  next. 

It  is  ordered  and  enacted  by  this  Court :  That  the  Governour 
or  Deputy  Governour  with  sixe  of  the  Assistants  shall  have  full 
power  to  hold  the  Courts  of  Assistants  at  Hartford  and  New- 
haven  annually,  on  the  dayes  appointed  by  lawe  for  holding 
the  said  Courts ;  and  that  in  the  absence  of  the  Governour  and 
Deputy  Governour,  any  seven  of  the  Assistants  convened  shall 
have  full  power  to  hold  the  said  Courts,  in  which  case  the 
eldest  Assistant  present  shall  preside.  And  this  order  to  be 
attended  for  the  future,  any  former  lawe,  usage,  or  custome  to 
tlie  contrary  notwithstanding. 

It  is  ordered  and  enacted  by  this  Court :  That  in  the  inter- 
vale of  the  Generall  Courts  the  Governour  or  Deputy  Govern, 
our  and  one  Assistant  from  each  countie  convened,  shall  have 
full  power  to  send  men  for  the  relief  of  Hampshire  countie  to 
keep  garrison  there,  or  to  pursue  the  enemy  into  the  wilder- 
nesse,  and  to  draw  them  off  again  as  there  shall  be  occasion  for 
it,  and  to  doe  the  like  with  respect  to  our  owne  frontiers. 

It  is  ordered  and  enacted  by  this  Court :  That  the  Serjeant 
Majors  that  have  been  upon  the  Queens  service  in  the  late 
warre  the  sumer  past  shall  be  allowed  sixe  and  thirtie  shillings 
pr  week  in  pay  for  their  service  and  no  more. 

It  is  ordered  and  enacted  by  this  Court :  That  all  souldiers 
imployed  in  the  countries  service  the  sumer  past  that  furnished 


484  PUBLIC    RECORDS  [Oct. 

themselves  with  amies  and  otlier  accoutrements  shall  be  allowed 
twelve  shillings  pr  week  as  volunteers ;  and  all  others  furnished 
with  armes  and  other  accoutrements  upon  the  Colonic  account, 
to  1)6  allowed  ten  shillings  and  sixe  pence  p""  week  and  no  more ; 
[464]  and  all  such  as  went  out  upon  any  sudden  1|  exigence 
at  any  time  to  be  allowed  twelve  shillings  p''  week ;  and  all  such 
as  went  out  scouts  from  the  severall  townes  to  be  allowed  three 
shillings  p""  day  for  themselves  and  their  horses,  they  finding 
their  own  amunition  and  provision ;  and  the  captains  or  other 
ciiief  officers  comanded  to  impresse  or  list  such  souldiers,  shall 
speedily  give  the  best  account  they  can  to  the  comissarie  of  the 
countie  what  souldiers  (by  them  listed  or  impressed)  were 
volunteers  or  furnished  themselves  as  above  exprest,  and  his 
account  shall  be  a  rule  for  the  comissarye  to  enter  them  ac- 
cordingly. 

It  is  ordered  and  enacted  by  this  Court :  That  the  Assistants 
and  Justices  of  the  Peace  in  every  towne  in  this  Colonic,  Avliere 
there  is  any  or  any  one  or  more  of  them,  and  where  there  is 
none  the  two  chief  military  officers  in  such  towne,  shall  passe  as 
just  a  valluation  or  apprizement  as  they  can  of  all  such  armes 
or  other  accoutrements,  horses,  sadles,  bridles  and  such  like 
furniture,  lost  or  endamaged  in  the  countries  service,  and  give 
a  bill  for  the  same  accordingly  to  the  owner  thereof,  which  bill 
shall  be  accepted  by  the  colonic  treasurer  as  legally  signed. 
Alwayes  provided  if  the  sume  be  above  fortie  shillings  the  bill 
be  signed  by  two  of  the  abovesaid  civil  authoritie  or  militarye 
officers  or  one  of  each.  And  whereas  at  a  Generall  Assembly 
holden  at  Newhaven  October  the  14'^,  1703,  in  the  act  past  for 
stating  officers  and  other  souldiers  wages,  it  is  exprest  that  they 
shall  have  so  much  p""  day  as  is  mentioned  in  said  act,  it  is  now 
declared  by  this  Court,  that  those  words  p""  day,  in  said  act 
were  understood  and  intended  to  be  onely  for  the  sixe  working 
dayes  of  the  week,  and  that  lawe  is  alwayes  to  be  so  understood 
for  the  future.  And  every  horse  improved  in  her  Majesties 
service  for  the  future  shall  be  allowed  two  shillings  pf  week 
and  no  more,  any  lawe  or  custome  to  the  contrary  notwith- 
standing, except  horses  improved  upon  a  sudden  exigence, 
which  shall  be  allowed  twelve  pence  p""  day  if  such  horses  be 


1704.]  OF    CONNECTICUT.  485 

returned  within  seven  dayes,  bnt  if  such  horses  shall  be  kept 
in  service  more  then  one  week,  to  be  allowed  sixe  shillings  for 
the  first  week  and  two  shillings  p^  week  after  the  first  week. 

It  is  ordered  and  enacted  by  this  Court :  That  no  souldier 
shall  presume  to  spoil,  sell,  convey  away,  or  imbezel,  any  amu- 
nition  delivered  to  him,  on  pain  of  having  double  the  valine  of 
the  ammunition  so  imbezeled  or  spoiled  deducted  out  of  his 
wages.  And  if  any  person  or  persons  wliatsoever  shall  take  for 
pledge  or  buy  any  souldiers  amies  or  other  accoutrements,  of 
either  English  or  Indians  reteined  in  her  Majesties  service,  such 
person  or  persons  shall  be  fined  to  the  publick  treasurie  the 
valine  of  such  amies  or  other  accoutrements  so  taken  in  pledge 
or  bought,  to  be  recovered  by  bill,  plaint  or  information,  in  any 
court  of  record  in  this  Colonic,  and  all  such  amies  and  other 
accoutrements  shall  be  forfeited,  and  returned  to  the  owner 
thereof. 

[465]  It  is  ordered  and  enacted  by  this  Court :  That  when 
any  souldiers  are  to  be  raised  for  her  Majesties  service  against 
the  comon  enemy,  the  captains  or  other  officers  comanded  to 
list  or  impresse  such  souldiers  shall  speedily  transmit  to  the 
comissarie  of  the  countie,  the  names  of  all  such  souldiers  by 
them  listed  or  impressed,  and  the  time  when,  with  a  perticular 
account  what  amies,  amunition,  or  other  accoutrements,  are 
imprest  or  taken  up  upon  the  Colonies  account  for  each  of 
them ;  and  the  Colonic  shall  not  be  obliged  to  pay  any  charges 
arising  upon  the  account  of  such  souldiers  wliile  they  are  un- 
der the  care  and  coniand  of  the  severall  captains  or  other  chief 
comanders  appointed  to  have  the  charge  of  them,  except  such 
as  the  captain  or  other  chief  comander  of  each  perticular  com- 
pany of  such  souldiers  shall  give  order  for.  And  the  said  cap- 
tain or  other  chief  comander  shall  when  they  are  dismist  speed- 
ily give  an  account  to  the  comissarie  of  the  countie  what  each 
souldier  belonging  to  their  companies  while  under  their  comand 
hath  had  upon  the  countric  account,  and  the  time  when  they 
were  disbanded.  And  no  constable  or  any  other  officer,  ap- 
pointed to  pay  the  Colonies  debts,  or  any  other  person  shall 
pay  any  wages  to  any  souldier  or  souldiers  after  they  are  dis- 
charged from  the  Colonies  service  without  a  perticular  order 


486  PUBLIC     RECORDS  [Oct. 

from  the  comissarie  of  the  coiiutie.  And  the  severall  officers 
in  the  capacities  above  exprest,  that  have  had  tlie  care  (in  the 
respects  above  mentioned)  of  the  souldiers  that  have  been  in  the 
countries  service  the  siiraer  past,  shall  give  the  best  account 
they  can  to  the  commissarie  of  the  countie  according  to  the 
above  order  respecting  such  officers  for  the  time  to  come,  which 
account  shall  be  accepted  by  the  said  commissarie,  and  the 
souldiers  charged  and  the  persons  therein  concerned  allowed 
accordingly. 

It  is  ordered  by  the  authoritie  aforesaid,  for  the  incourage- 
ment  of  souldiers  to  take  good  care  of  their  armes,  aiTiunition, 
and  accoutrements,  that  all  private  centinels  as  shall  be  im- 
proved in  her  Majesties  service  that  furnish  themselves  com- 
pleat  with  armes,  aiTuinition  and  all  necessary  accoutrements 
during  all  the  time  they  shall  be  in  said  service  shall  be  allowed 
ten  shillings  and  sixe  pence  p""  week  for  ordinary  service ;  and 
all  such  as  doe  not  so  furnish  themselves  nine  shillings  p""  week 
for  ordinaric  service  ;  and  such  souldiers  as  goe  upon  a  sudden 
exigence  at  any  time  that  so  furnish  themselves,  shall  be  allowed 
twelve  shillings  p""  week ;  and  that  no  horses  be  impresed  for 
souldiers  except  for  a  sudden  exigence  or  by  expresse  order 
from  the  Governour  or  Deputy  Governour. 

It  is  ordered  and  enacted  by  this  Court :  That  every  towne 
and  plantation  in  this  Colonic  shall  be  provided  with  a  number 
of  snow  shoes  and  Indian  shoes,  no  lesse  then  one  pair  of  snow 
shoes  with  two  pair  of  Indian  shoes  for  every  thousand  pound 
in  the  list  of  estate  in  such  towne,  which  snow  shoes  and  Indiali 
shoes  shall  be  provided  at  or  before  the  tenth  day  of  December 
next  by  the  select-men  in  every  towne  at  the  charge  of  the  Col- 
onic, and  shall  be  kept  by  them  in  good  repair  and  fit  for  ser- 
vice when  there  may  be  occasion  to  make  use  of  them.  And 
the  select-men  of  the  severall  townes  who  shall  neglect  to  pro- 
[466]  vide  ||  such  a  number  of  snow-shoes  and  Indian  shoes, 
and  to  keep  them  in  good  repair  as  abovesaid,  shall  each  of 
them  pay  as  a  fine  to  the  Colonic  treasurie  the  sume  of  ten 
shilling. 

It  is  ordered  and  enacted  by  this  Court :  That  no  person 
shall  be  allowed  above  four  pence  p""  meal  in  pay  for  the  enter- 


I 


1704.]  OF    CONNECTICUT.  487 

teinment  or  refreshment  of  souldiers  in  the  late  service,  and 
four  shillings  and  sixe  pence  p""  week  for  boarding  a  souldier ; 
and  that  no  person  shall  be  allowed  above  four  pence  in  pay  for 
enterteining  a  souldiers  horse  a  night  with  grasse  or  hay,  and 
fifteen  pence  p^"  week  for  enterteining  a  souldiers  horse. 

Whereas  the  lists  of  estates  of  severall  townes  in  this  Colonic 
are  imperfect,  polls,  trades,  mills,  and  trading,  not  being  in- 
serted therein  as  the  lawe  requires,  it  is  therefore  ordered  and 
enacted  by  this  Court,  that  the  listers  in  those  townes  where 
lists  are  so  defective  shall  speedily  supply  those  defects,  )jy  add- 
ing thereunto  such  polls,  trades,  mills  and  trading,  as  have  been 
omitted,  and  putting  a  due  valluation  thereupon  as  the  lawe 
directs,  and  transmit  a  true  account  of  such  addition  to  the 
Secretary  forthwith,  that  the  same  may  be  given  in  to  the  Treas- 
urer and  added  to  the  grand  list. 

This  Court  considering  the  great  inconvenience  of  multiply- 
ing military  comission  officers,  and  the  burthen  of  service  and 
duty  thereby  increasing  upon  some  persons,  doe  order  that  if 
any  such  comission  officer  in  this  Colonic  for  the  future  shall 
lay  downe  his  place  or  give  in  his  comission  without  libertie 
first  had  and  obteined  from  the  Govern''  or  Generall  Assembly, 
such  officer  shall  be  listed  by  the  captain  or  chief  officer  of  the 
company  in  which  he  resides,  and  serve  in  the  place  of  a  pri- 
vate centinel,  and  doe  all  duties  and  services  as  any  souldier  or 
private  centinel  is  compellable  by  lawe  to  doe.  And  if  any  in- 
ferior officer  as  serjeants  or  clerks  of  the  foot,  or  corporalls  or 
clerks  of  the  troop,  shall  lay  downe  his  place  without  libertie 
first  had  and  obteined  from  the  sergeant  maj''  of  the  regiment 
whereto  he  belongs  or  the  countie  court,  such  inferior  officer 
shall  be  listed  in  the  rolls  of  the  trainband  within  whose  pre- 
cinct he  resides,  amd  doe  all  duties  and  services  as  private  cen- 
tinels  are  required  by  lawe  to  doe.  Also  this  Court  allowes 
no  salleries  to  troopers  for  the  future. 

It  is  ordered  and  enacted  by  this  Court :  That  for  the  future 
such  persons  as  shall  be  invested  with  the  office  of  fence-viewing 
in  the  severall  townes  in  this  Colonic,  shall  duely  view  the  fence 
belonging  vuito  the  common  field,  and  give  notice  of  the  defects 
they  find  therein  to  the  owners  thereof;  and  if  the  said  owners 
neglect  to  repair  the  same  more  then  twentie  four  hours  after 


488  PUBLIC    RECORDS  [Oct- 

such  notice  given,  the  fence-viewers  shall  fine  such  neglects 
according  to  the  nature  thereof,  and  give  account  thereof  in 
writing  to  the  next  authoritie  who  shall  forthwith  issue  forth 
a  warrant  to  the  constable  to  levie  such  fines,  and  deliver  them 
to  the  select-men  for  the  use  of  the  towne.  And  whatsoever 
in  the  former  lawe  is  not  consistant  with  this  act  is  hereby  re- 
pealed and  made  void. 

[407]  Whereas  at  a  Generall  Assembly  holden  at  Newhaven 
October  the  8''%  1702,  it  is  exprest  in  the  first  act  past  by  that 
Assembly  that  the  new  revised  printed  lawes  shall  take  place 
and  be  in  force  on  the  first  day  of  December  next :  it  is  now 
declared  by  this  Assembly,  that  all  other  lawes  then  in  force 
were  by  said  act  intended  and  concluded  to  be  repealed,  and 
are  hereby  declared  to  be  repealed  and  made  null  and  void, 
except  such  as  have  been  since  revived  and  continued. 

This  Court  grants  a  rate  of  twelve  pence  upon  the  pound  of 
all  the  rateable  estate  in  this  Colonic  for  the  defraying  of  the 
publicic  charges  this  year  ;  to  be  paid  in  winter  wheat  at  sixe 
shillings  pi"  bushell,  sumer  wheat  at  five  shillings  p""  bushell, 
rye  at  three  shillings  and  sixe  pence  p""  bushell,  Indian  corne 
at  three  shillings  p""  bushel,  barly  at  four  shillings  lY  bushell, 
oats  at  two  shillings  p""  bushell,  pork  at  three  pounds  fifteen 
shillings  p''  barrel,  beeff  at  five  and  fortie  shillings  p^"  barrel; 
all  the  grain  to  be  good  and  merchantable,  and  porke  and  beeff 
to  be  in  good  and  tight  caske  well  repact  by  a  sworn  packer 
and  marked  with  his  marke.  And  if  any  person  cannot  pay 
liis  rate  in  such  specie  as  is  abovementioned,  he  shall  pay  his 
proportion  in  neat  cattel  not  exceeding  seven  or  eight  years  old, 
to  be  paid  in  the  spring  of  the  year  when  cattel  can  live  well 
upon  grasse ;  and  if  the  debtor  and  creditor  cannot  agree  upon 
the  prizes,  then  to  be  prized  by  two  indifferent  men  chosen  one 
by  the  debt''  and  one  by  the  creditor,  under  oath,  and  if  they 
doe  not  agree  then  a  third  man  to  be  chosen  by  the  constable. 
And  if  any  person  will  pay  two  thirds  money  it  shall  be  accepted 
for  his  whole  rate. 

Coimcill  stated: 

It  is  ordered  and  enacted  by  this  Court :  That  the  Councill 
in  the  intervale  of  the  Generall  Courts  untill  May  next  shall 
consist  of  seven  or  not  lesse  then  five,  viz.  the  Govern^  or  Dep- 


1704.J 


OF    CONNECTICUT 


489 


uty  Govern'',  and  two  Assistants  at  the  least,  with  M""  Salton- 
stall,  Mf"  Nehemiah  Smith,  M""  Nehemiah  Pahner,  and  Capt. 
Richard  Bnshnel,  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  exigence)  nor  dispose  of  money. 
Alwayes  provided  that  in  extraordinary  cases  the  Govern ■■  or 
Deputy  ijrovern''  shall  call  the  Councill  of  Assistants,  or  as  many 
as  can  be  convened. 

This  Court  grants  to  the  Hon^d  Govern''  a  sallerie  of  one 
hundred  and  twentie  pounds  in  pay  for  this  year,  he  bearing 
his  own  charges ;  and  to  the  Deputy  Govern''  a  sallerie  of  fiftie 
pounds  in  pay  for  this  year,  he  bearing  his  own  charges. 

This  Court  grants  to  the  Colonic  Sherriff  eight  pounds  in 
pay  for  his  sallerie  this  year,  he  bearing  his  own  charges. 

This  Court  allows  to  Newhaven  Countie  Sherriff  four  shil- 
lings p''  day  in  pay  for  his  attendance  upon  this  Court  this 
sessions,  he  bearing  his  own  charges. 

This  Court  allows  to  Capt.  Thomas  Hart  five  and  thirtie 
shillings  in  pay  as  Speaker  this  sessions,  and  to  Capt.  Stent 
thirtie  shillings  in  pay  for  his  clerkship  this  sessions. 
[468]  Whereas  there  is  part  of  the  halfe  pennie  rate  in  money 
granted  in  May  last  yet  unpaid,  it  is  novr  ordered  that  the 
Treasurer  doe  order  the  severall  constables  to  collect  what  is 
yet  unpaid,  and  that  the  Treasurer  doe  receive  the  same,  and 
dispose  of  it  according  to  former  order,  and  make  himselfe 
debtor  for  the  whole  sume,  and  pay  the  proportions  forthwith 
to  the  Comittees  of  Warre  in  the  severall  counties,  and  return 
his  receits  from  them  to  the  auditors  the  next  year. 

List  of  perso7is  and  estates  exhibited  in  this  Assembly : 


Estates.  Us. 

Persons 

Estates.  Us.  Persons. 

Hartford, 

19533 

305 

Gilford, 

09645 

150 

Newhaven, 

18793 

360 

Norwich, 

07455 

120 

Fairfield, 

15775 

153 

Lyme, 

07695 

120 

Newlondon, 

14252 

326 

Wethersfield, 

13553 

239 

Windzor, 

15846 

275 

Midltown, 

08072 

180 

Preston, 

03522 

070 

Waterbury, 

02261 

052 

Glassenbury, 

03118 

060 

Stanford, 

07543 

110 

Derby, 

02756 

056 

Danbury, 

02574 

054 

62 


490 


PUBLIC    RECORDS 


[Oct. 


Symsbuiy, 

03282 

093 

Haddu,west  side. 

, 01862 

043 

Haddu,  east  side, 

02559 

054 

Woodbury, 

03807 

080 

Kilinswoi'th, 

03210 

060 

Walliiigford, 

06662 

120 

Say brook, 

07009 

097 

Bran  ford, 

05835 

084 

Stonington, 

06957 

135 

Stratford, 

12397 

132 

241:17' 

':5. 

Norwalk, 

07053 

094 

Windham,  02459         062 

Greenwich,  04339         064 

Milford,  13119  150 

Farmingto,  08154:  10  124 

Totall  of  Stratford  list  is 

12639  08  3 

Added  to  Fairfield  list, 

389  10  6<i 

Totall  Fairfield  list  is 

16164  10  6 


Thi's  Court  doe  order  that  the  plantations  of  Lebanon,  Mans- 
field, and  Canterbury,  and  Plainfield,  be  listed  as  other  townes 
and  plantations  in  this  Colonic  are ;  and  for  performance  of  said 
worke  doe  appoint  the  select-men  and  constable  or  constables 
in  each  plantation  forthwith  upon  receit  hereof  to  demand  and 
take  the  rateable  estate  reall  and  personall  as  the  lawe  directs 
in  their  respective  plantations,  and  perfect  said  list  with  all  con- 
venient speed,  and  transmit  the  same  to  the  Colonic  Secretary 
to  be  inrolled  in  the  publick  records  in  order  to  be  transmitted 
to  the  Treasurer,  that  thereby  he  may  give  forth  his  warrants 
for  the  levying  their  shares  of  the  Colonic  charge.  And  for  a 
more  certain  rule  of  sizing  of  the  lands  in  the  respective  plan- 
tations, that  the  select-men  and  constables  aforesaid  put  sucli 
a  valine  or  estimation  on  their  land  as  the  lands  in  the  next 
townes  adioyning  are  vallued  or  sized  at,  viz.  homelotts  at 
twentie  shillings  p''  acre,  and  other  improvable  lands  at  ten 
shillings  p""  acre. 

Capt.  Nathan  Gold,  who  is  appointed  to  be  Judge  of  the 
Court  of  Assistants  to  be  holden  according  to  lawe  in  this  pres- 
ent month  of  October,  being  absent  upon  publick  businesse,  and 
[469]  it  being  ||  uncertain  whether  he  will  be  present  to  attend 
the  said  Court  at  the  day  appointed  by  adiournment  for  hold- 
ing the  same :  to  prevent  the  falling  of  the  said  Court,  it  is 
ordered  by  this  Assembly,  that  in  the  absence  of  the  said  Capt. 
Gold,  any  five  of  the  Assistants  appointed  being  present  shall 
have  full  power  to  hold  the  said  Court,  the  eldest  present  to 
preside,  any  lawe  to  the  contrary  notwithstanding. 

This  Court  being  informed  by  some  of  Symsbury  of  sundry 


1704.]  OP    CONNECTICUT.  491 

outrages  that  have  been  comitted  by  sundry  of  Suffield  men  in 
seizmg  some  of  Symsbury  and  Wmdzor  men,  and  also  carrying 
away  of  divers  barrels  of  turpentine,  and  mowing  grasse,  and 
clearing  and  improving  of  land  within  the  bounds  of  the  towne 
of  Symsbury  which  belongs  to  this  Colonic  of  Connecticutt' : 
therefore  this  Court  doth  order  that  any  of  the  persons  afore- 
said, that  hath  or  that  shall  for  the  future  transgresse  as  afore- 
said, shall  be  seized  by  warrant  from  authoritie  if  found  within 
this  go  Vermont,  and  brought  to  or  before  the  next  authoritie, 
who  shall  take  sufficient  sccuritie  for  their  or  either  of  their 
appearance,  at  sucli  court  as  shall  be  assigned  them,  to  answer 
their  uniust  outrages,  and  irregular  dealings. 

This  Assembly  appoints  the  first  Thursday  in  November  next 
to  be  kept  a  publick  day  of  thanksgiving  throughout  this  Col- 
onic. A  bill  for  the  day  of  thanksgiving  was  read  and  approved 
of  in  Court. 

This  Court  doe  not  see  cause  to  hear  the  petition  presented 
by  Capt.  Allin  Ball  and  John  Potter  jun*"  of  Newhaven  east 
side  farmes. 

This  Court  upon  the  req^iest  of  Captain  Eleazar  Stent  doe 
give  him  libertie  to  lay  downe  his  captains  place  in  the  town  of 
Branford,  and  to  lead  the  company  there  to  a  new  choice  of  a 
captain.  Alwayes  provided  that  he  is  to  hold  his  commission 
till  another  be  chosen  and  coniissioned. 

Lieu'  Henerie  Crane  is  appointed  by  this  Assembly  to  be 
Captain  of  the  trainband  in  the  towne  of  Kilinsworth,  and  En- 
sign John  Kelsie  to  be  their  Lieutenant,  and  Serjeant  Jn"  Hull 
to  be  their  Ensign.  And  Robert  Lattimer  to  be  Ensign  of  the 
company  on  the  west  side  of  the  river  in  Newlondon.  And 
Lieu*^  Sam'i  Hall  is  appointed  to  be  Captain  of  the  trainband 
in  the  town  of  Wallingford,  and  Serjeant  John  Merriman  to  be 
their  Lieuteiiant,  and  Serjt  Thomas  Curtis  to  be  their  Ensign. 
And  all  the  said  officers  are  to  be  comissionated  respectively. 

Whereas  there  is  great  difficultie  and  trouble  amongst  the 
inhabitants  of  Lebanon  through  the  unsetlednesse  of  their  lands, 
and  severall  of  the  inhabitants  have  made  their  aplication  to 
this  Court  for  a  setlment:  this  Court  for  some  reasons  deferr 
the  hearing  said  case  till  the  Generall  Court  to  be  holden  in 


492  PUBLIC     EECORDS.  [Oct. 

Hartford  in  May  next,  and  order  that  the  publication  of  a  copie 
of  this  order  in  a  town  meeting  in  Lebanon  or  at  the  head  of 
the  company  on  a  training  day  in  the  said  towne,  shall  be  ac- 
cepted in  that  case  (as  that  which  is  intended  in  the  lawe,  title, 
[470  II  Petition)  for  citation  to  such  persons  of  said  towne  as 
may  pretend  they  are  concerned  therein,  the  abovesaid  appli- 
cation having  been  read  at  a  publick  town-meeting  there. 

The  survey  of  the  township  of  Preston  liy  John  Plumb  and 
Josiah  Standish,  exhibited  in  this  Court. 

We  whose  names  are  underwritten  being  appointed  by  the 
Generall  Court,  as  also  desired  by  the  inhabitants  of  the  town 
of  Preston  to  survey  the  bounds  of  said  towne,  have  finished  the 
said  worke  the  day  of  the  date  hereof,  and  we  find  upon  a  sur- 
vey of  the  same  tliat  the  said  inhabitants  have  not  their  seven 
mile  square  or  equivalent  to  it,  and  we  have  added  halfe  a  mile 
to  the  east  side  of  the  said  township  to  compleat  the  said  seven 
miles  according  to  their  grant :  the  bounds  thereof  are  as  fol- 
loweth : — Beginning  at  the  southwest  corner  by  M""  Thomas 
Roses  dwelling  house  now  sett  up,  at  a  white  oak  tree  marked 
P.  and  N.  being  Norwich  southeast  corner,  thence  east  three 
miles  and  a  quarter  wanting  twentie  four  rods,  to  a  black  oak 
tree  standing  on  the  west  side  of  a  hill  markt  P,  thence  north 
three  miles  wanting  eight  rods  to  a  white  oak  tree  called  the 
ten  miles  tree,  markt  S.  and  P.  thence  east  and  by  south  nearest 
five  miles  and  a  halfe  to  a  great  chestnut  tree  standing  on  tlie 
north  side  of  a  hill,  and  to  the  southward  of  a  small  round 
swamp,  markt  on  two  sides  and  P,  thence  north  almost  eight 
miles,  it  wanting  of  the  eight  miles  one  quarter  of  a  mile,  to  a 
rock  on  the  side  of  a  bare  hill,  which  rock  stands  due  east  from 
a  white  oak  tree  markt  P,  and  a  heap  of  stones  by  it,  being  the 
old  northeast  corner  of  Preston  towne,  and  from  said  rock  west 
to  Norwich  northeast  corner  four  miles  and  halfe  to  an  oak  tree 
with  stones  about  it,  thence  ten  miles  south  southwest,  to  the 
first  bounds  mentioned  at  M^  Thomas  Roses.  And  that  this  is 
our  return  we  signifie  by  our  hands  this  9^''  day  of  October, 
1703.  John  Plumb, 

Josiah  Standish. 

The  above  return  of  John  Plumb  and  Josiah  Standish  is  ap- 
proved by  this  Assembly,  provided  it  doth  not  preiudice  any 
former  grant. 

This  Assembly  doth  grant  to  the  Rev'  M'"  Thomas  Bucking- 
ham of  Saybrook,  M""  Sam"  Whiting  of  Windham,  Capt.  John 


1704.]  OF    CONNECTICUT.  493 

Clerk  of  Saybrook,  M-"  Thomas  Leffingwell  of  Norwich,  Mrs 
Martha  Blake,  M"-  Thomas  Buckingham  jun'-,  M"-  Daniel  Buck- 
ingham, and  Abimeleck  the  sonne  of  Joshua,  of  Saybrook  afore- 
said, that  they  shall  have'  a  pattent  for  a  certain  tract  of  land 
lying  and  bounded  as  folio weth,  viz. — Easterly  or  northeasterly 
on  Wallamantick  River,  or  Shawtuckett,  northerly  on  the  land 
given  by  Joshua  to  severall  gentlmen  in  and  about  Hartford ; 
west  or  westerly  partly  on  the  land  given  by  Joshua  to  several 
gentlmen  in  and  about  Saybrook,  and  partly  on  land  sold  by 
the  Reverend  M""  Thomas  Buckingham  and  Capt.  John  Clerk 
aforesaid  to  Deacon  Josiah  Dewie  and  William  Clerk  both  of 
Lebanon  ;  south  or  southerly  partly  on  the  land  aforesaid  sold 
sold  by  the  aforesaid  M^"  Thomas  Buckingham  and  Capt.  John 
Clerk  to  Josiah  Dewie  and  William  Clerk  aforesaid,  both  of 
Lebanon,  and  partly  on  the  land  called  M""  Fitches  or  Masons 
[471]  mile,  which  said  land  hes  near  adioyning  to  the  ||  townes 
of  Windham  or  Lebanon  aforesaid ;  which  said  pattent  shall  be 
given  to  the  aforesaid  persons  according  to  their  respective  in- 
terests and  properties  in  the  said  land,  and  signed  by  the  Gov- 
ern'' and  Secretary  in  the  name  and  behalfe  of  the  Govern''  and 
Company,  or  the  Gener"  Assembly  of  this  her  Majesties  Colonic ; 
and  the  said  pattent  shall  be  of  full  force  and  virtue  to  all  intents 
and  purposes  in  the  lawe  for  the  ensuring  and  sure  making  of 
all  the  said  tract  of  land,  and  all  the  rights,  priviledges,  hered- 
itaments and  appurtenances  thereunto  belonging,  to  the  afore- 
said persons,  their  heirs  and  assignes  forever,  according  to  their 
aforesaid  respective  proportions. 

This  Court  grants  full  power  to  Elizabeth  Holt,  widdow  and 
relict  of  Joseph  Holt  late  of  the  towne  of  Wallingford  dec*  and 
administratrix  to  his  estate,  to  sell  so  much  of  the  outlands  be- 
longing to  the  said  estate  as  may  be  needfull  for  the  payment 
of  a  debt  due  to  Nathaniel  Holt  of  Rhode  Island  for  part  of  a 
homestid  and  part  of  a  lot  called  the  River  lot,  purchased  of  the 
said  Nathani'  Holt. 

This  Court  grants  full  power  to  the  administrators  of  the 
estate  of  William  Clement  late  of  Stanford  deceased,  to  make 
sale  of  so  much  of  the  land  of  the  deceased  as  may  answer  his 
just  debts,  with  the  advice  of  Lieu'  Waterbury  and  Deacon 
Samuel  Hoyt. 


494  PUBLIC    RECORDS  [Oct. 

Libertie  and  full  power  is  by  this  Assembly  granted  to  'M'^^ 
Marali  Pemberton,  widdow  and  administratrix  of  the  estate  of 
M""  Joseph  Pemberton  of  Newlondon,  with  the  advice  of  Richard 
Cristophers  of  the  same  place  Esq"",  to  make  sale  of  a  dwelling- 
house  in  the  said  town  with  the  land  thereto  adioyning  being 
parcell  of  the  said  estate,  for  the  payment  of  debts  due  from 
the  said  estate  at  the  decease  of  the  said  Joseph  Pemberton, 
and  the  remainder  of  the  produce  of  the  said  house  and  land 
to  be  divided  one  third  part  to  the  said  widdowe  during  lier 
naturall  life,  and  the  other  two  thirds  to  be  disposed  of  accord- 
ing to  lawe,  to  the  children  of  the  said  Joseph  Pemberton,  by 
the  court  of  probates  for  the  countie  of  Newlondon, 

Jonathan  Cornwel  of  Midltown,  administrator  to  the  estate 
of  his  father  Thomas  Corn  well  of  said  town  deceased,  making 
it  to  appear  to  this  Assembly  that  he  hath  to  the  satisfaction  of 
the  court  of  probates  in  the  countie  of  Hartford,  as  appears  by 
a  copie  of  the  said  court  records  attested  by  the  clerk  of  the 
same,  that  he  hath  disposed  of  the  moveables  belonging  to  the 
said  estate  (as  farre  as  they  would  reach)  for  payment  of  his 
fathers  just  debts,  and  tliat  there  yet  remains  debts  to  be  paid 
out  of  said  estate  to  the  valine  of  about  twentie  or  thirtie  pounds 
cash :  this  Court  doth  therefore  impower  the  abovesaid  admin- 
istrator with  the  advice  of  Capt.  John  Hall  and  Serj'  John 
Cornwel  of  Midltown  aforesaid,  uncles  to  the  abovesaid  admin- 
istrator, to  make  sale  of  such  lands  belonging  to  said  estate  as 
may  best  be  spared  and  will  best  attehi  the  end  for  paying  the 
said  just  debts. 

Whereas  Oliver  Manwering  of  Newlondon  hath  petitioned 
this  Court  that  Elizabeth  Dennis  formerly  Raymund,  widdow 
and  relict  of  Joshua  Raymund  of  Newlondon  deceased,  might 
be  impowered  to  make  and  execute  a  deed  of  sale  to  him  the 
said  Oliver  Manwering,  his  heirs  and  assignes,  of  certain  par- 
[472]  cells  II  of  land  mentioned  in  a  deed  of  sale  already  given 
by  the  said  Dennis  alias  Raymund  to  said  Manwering,  bearing 
date  the  eleventh  day  of  December,  1678,  all  which  parcells  of 
land  were  purchased  by  the  said  Manwering  of  the  said  Joshua 
Raymund,  who  died  before  the  said  Manwering  iiad  of  him  a 
deed  of  the  same.     And  whereas  it  is  said  in  the  said  petition 


1704.]  OF    CONNECTICUT.  495 

that  the  said  Dennis  alias  Raymund  was  not  impowered  by  this 
Court  to  passe  the  aforesaid  deed,  (as  the  lawe  requires:)  to 
supply  that  defect,  tliis  Court  doth  hereby  fully  authorize  and 
impower  the  said  Elizabeth  Dennis  to  make  and  execute  a  deed 
of  sale  of  the  same  teriour  with  the  forementioned  of  the  lands 
therein  mentioned,  to  the  said  Manwering  according  to  his 
petition,  which  shall  to  the  said  Manwering  be  a  good  title  to 
the  said  lands,  to  all  intents  and  purposes  in  the  law  what- 
soever. 

Whereas  Owaneco  in  consideration  of  kindnesse  shown  to 
him  by  John  Plumb  and  Jonatha  Hill  of  Newlondon,  in  saving 
his  life  when  in  eminent  danger  of  drowning,  did  give  and 
grant  to  them  two  hundred  acres  of  woodland,  and  caused  the 
same  to  be  laid  out  to  them  by  a  surveyor,  about  a  mile  or  two 
west  northerly  of  the  antient  Indian  fence :  this  Court  upon  the 
motion  of  the  said  John  Plumb  and  Jonath.  Hill,  doth  confirme 
the  said  200  acres  of  land  to  the  said  John  Plumb  and  Jona- 
than Hill  and  to  theirs  forever ;  provided  Owaneco  hath  good 
right  to  said  land,  and  it  be  not  preiudiciall  to  any  former 
grant. 

Whereas  John  Jefferie,  a  Branford  Indian,  was  comitted  to 
Hartford  gaol  by  order  of  the  countie  court  holden  at  New- 
haven  the  third  Tuesday  in  March,  1703,  also  was  brought  be- 
fore a  Court  of  Assistants  holden  at  Hartford  by  adiournment 
May  24, 1704,  the  said  Jefferie  being  accused  of  crimes  of  a  high 
nature,  said  Court  ordered  him  to  be  kept  under  bonds  for  his 
good  behaviour,  and  to  pay  all  charges  that  have  been  expended 
upon  him  in  his  apprehension  and  imprisonment:  now  for  the 
defraying  of  which  charges  this  Court  grants  liberty  to  William 
Malbie  of  Branford  to  purchase  so  much  land  of  Jefferie,  father 
to  the  abovesaid  John  Jefferie,  as  may  discharge  the  same,  not 
exceeding  four  acres,  for  payment  of  which  charges  Jefferie  the 
father  stood  bound,  as  may  appear  by  his  bond  of  fiftie  pounds 
lawfull  money  of  Newengland,  bearing  date  June  19,  1704. 
Always  provided,  if  the  towne  of  Branford  shall  see  cause  within 
two  months  after  the  date  hereof  to  repay  said  Malbie  the  prime 
costs  of  said  land  with  all  his  just  charges  expended  about  the 
premises,  then  the  towne  to  enioy  the  same,  otherwise  to  be 
and  remain  to  be  the  proper  estate  of  said  Malbie. 


496  PUBLIC    RECORDS  [Oct. 

William  Goodwin  making  his  application  to  this  Court  for 
their  direction  what  way  to  take  out  an  execution  against  Capt. 
Joseph  Whiting,  in  the  case  put  into  the  hands  of  M""  Stanly, 
Mf  Woodbridge,  and  M""  Watson :  this  Court  order  that  said 
Goodwin  with  Samueh  Steel,  late  constables  of  Hartford,  shall 
return  to  the  same  station  as  they  were  in  when  the  Generall 
[473]  Court  took  it  out  of  the  lawe  and  put  it  into  ||  the  hands 
of  those  gentlmen  when  the  Court  gave  them  the  case, 

Capt.  John  Prents  is  appointed  Surveyor  for  the  Countie  of 
Newlondon  and  to  be  confirmed  according  to  lawe. 

This  Court  upon  the  request  of  Capt.  Joseph  Wadsworth 
doe  remit  a  fine  of  ten  pounds  laid  upon  him  by  the  Generall 
Court  in  October  last,  he  having  made  reflexions  upon  himselfe. 


[War,  III,  64.] 

Att  a  Councill  holden  at  Newlondon,  December  the  13'^ 

1704. 
Present : 
The  Govern'^  Hon^ 
Capt.  Daniel  Wetherel,  William  Pitkin  E$qS 

Capt.  Nathan  Gold,  Josiah  Rossiter  Esq''. 

This  Councill  was  convened  in  pursuance  of  an  act  of  the  Gen"^'^  As- 
sembly holden  at  Newhaven  in  October  last,  enabling  the  Govern'^  or 
Deputy  Govern',  with  one  Assistant  from  each  countie  convened,  to 
raise  men  for  the  relief  of  the  countie  of  Hampshire,  and  to  pursue  the 
enemy  into  the  wildernesse,  and  to  doe  the  same  for  our  own  frontiers. 

The  Govern"  Hon'^  having  appointed  and  impowered  Capt.  Nathan 
Gold,  William  Pitkin  Esq',  Maj'  William  Whiting  and  IVP  John  Eliot, 
to  treat  with  Colon"  Nathaniel  Byfield,  Maj""  James  Converse,  and 
Samuel  Lynde,  Esq",  concerning  such  affairs  relating  to  the  present 
warr  which  the  said  gentlmen  are  directed  by  his  Excellency  Gov- 
ern' Dudly  to  lay  before  his  Hon'  and  Councill. 

Ordei'ed  by  his  Hon'  and  Councill  that  the  gent[le]men  appointed 
to  treat  with  Colon'^  Byfield  and  the  other  gentlmen  ot  the  Massachu- 
setts doe  offer  to  them  that  150  effective  men  shall  be  raised  in  this 
colonic,  for  the  defence  of  the  countie  of  Hampshire,  to  be  posted  in 
the  townes  of  Hatfield,  Hadly,  Northampton,  and  Westfield,  provided 
that  they  be  subsisted  by  the  province  of  the  Massachusetts. 

The  Govern'  and  Councill  referre  the  consideration  of  the  state  of 
the  frontiers  to  the  respective  comittees  of  warre  in  the  severall  coun- 
ties, to  raise  and  send  men  for  their  assistants  and  relief  as  need  shall 
require. 


■'■^^■^•J  OF    CONNECTICUT.  497 

tw^h"!,''!^  ^y^''^^":  ^»J  Councill,  upon  further  consideration,  that 
•  two  hundred  sou  d.ers  be  raised  in  tl,is  colonie,  with  all  expedition  bv 
proportion  out  of  the  trainbands  in  the  severall  townes  ot'efcl  oun'tL^ 
San  fi"  rxv"';,"  °'  ^>^™'"g'-^'  Waterbury,  Woodbur;,  Dan  bury 
exceS  '  The  /  ^"^f  ^"'•^'  ^^-"^^1^''  --1  Colclfe'ster,  oner; 
excepted.      Ihe  quota,  for  the  countie  of  Hartford  to  be  sixtie  men 

^e  ^  to  be  at  H ?v  r'r  .T  "^''T?'  -^"^^'"'  '•^"^--•^  ^^^  the  so^,l- 
Uiei^  to  be  at  Hartford,  there  to  be  divided  into  three  companies  Cant 

uZZ':  'r  r-?  p'^  '^"'  J^'-'*^^---"  ^o  be  lieutenant'^  o,  ;  cot: 
panj  provided  if  Captain  Fowler  shall  refuse,  then  Cap'  Eels  to  sun 

■     Fi    TVt    t^      Wakeman  to  be  his  lieutenant,  Cap'  Mathew  Allin  or 
Cap  Newbury  to  be  cap' of  one  of  the  said  companies,  a.^  lL' Savid 

£  an;?f^ ';  r'"'rv°'""  "t  ^^^^ '">^'  ^-^  -^ -  <>-^-"d' 

mat  It  any  of  the  officers  before  named  shall  fail,  the  place  or  Dlapp^ 
vacant  shall  be  supplied  by  such  as  the  comittee    of  warre  in  the  re 
spective  counties  shall  appoint.     The  souldiers  in  the  countie  of  New 
haven  eastward  of  Newhaven  ferry  river  to  march  directly  to  h14'", 
in  their  mtct"  "         ""'"  "'  ^^^^^^^^^^^  ^«  -"-^^  th^e  same  order' 
Ordered  &c.  that  the  comittee  of  warr  in  the  countie  of  Hartford 
sha    have  full  power  to  call  home  the  souldiers  to  be  posted  (as  above 
said)  m  the  countie  of  Hampshire,  as  there  shall  b     occas  on  foi-  it 
having  advice  from  y«  Govern^  so  to  doe.  ' 

18.  The  Govern--  and  Councill  order  the  comittees  of  warr  in  the  rev- 
eal counties  to  take  efFectuall  care  that  such  a  number  of  snow'loes 
and  Indian  shoes  be  provided  in  the  severall  townes  of  their  respective 
counties  as  by  the  act  of  the  Generall  Assembly  in  October  lasfis  le! 
quired  and  that  where  the  said  order  respecting  snowsboes  and  Indian 
shoes  hath  no    been  attended  by  any  of  the  select  men  in  their  re  pect 

aueitT  '  "  P^-^^'^/^--f  be  duely  executed  upon  the  S- 
quenis.  ^  tj.yg  copie, 

Test.      Eleazar  Kimberly,  Secry 

the  T  nfrn'"''""  • "  ^^^"^f  ^«  ^J^hola^  Hallams  memoriall  laid  before 
the  Lords  Comissioners  of  Trade,  in  the  behalfe  of  Owaneco,  was  zlad 
and  approved  in  councel  and  ordered  to  be  sent  to  the  agent.  Ordei-ed 
also  tha  such  copies  of  record  and  other  evidences  as  are  requisfte In 
that  matter  be  transcribed  and  inrolled  under  the  seal  of  the  coW  0 
^transmitted  to  our  agent.     The  Council  leaves  it  with  the  Gov  ^n^r? 

^ZIZ:  -^  T'  '"/^''  ^''''''''y  ^^  ^'^'^  ^"  ^'^^-^r  to  her  Ma- 
jesties letter  signifying  that  complaint  is  made  against  this  colonie  for 
refusing  to  assist  the  Massachusetts  in  this  time  Sf  warr. 

Test.     E.  Kimberly,  Secry. 


63 


498  PUBLIC  RECORDS  [May, 

Att  a  Generall  Assembly  holden  att  Hartford,  May  10t'\ 

1705,  End.  the  22  day. 
Majr  Gen'""  Fitz  John  Winthrop  Esq"",  was  chosen  Govern'"  and 

sworn. 
Colon' 1  Robert  Treat  Esq"",  was  Deputy  Govern ""  and  sworn. 
Assistants  chosen  were  : 
Maji"  James  Fitch,  Joseph  Curtis  Esq"", 

Capt.  Daniel  Wetherel,  Maj'^  John  Chester, 

Nathan"  Stanly  Esq*",  Josiah  Rossiter  Esqi", 

Capt.  John  Hamlin,  Richard  Cristophers  Esq^", 

Capt.  Nathan  Gold,  Peter  Burr  Esq"", 

Will  Pitkin  Esq'",  John  Ailing  Esq''. 

Att  this  Assembly  present : 
Majr  Gen-""  John  Winthrop  Esqr,  Govern^. 
Col.  Robf  Treat  Esq"",  Dep.  Govern ^ 
Assistants  present  and  sivorn  are  : 
Capt.  Daniel  Wetherel,  Maj""  John  Chester, 

Nathan"  Stanly  Esq'^,  Josiah  Rossiter  Esq"", 

Capt.  Jno  Hamlin,  Richard  Cristophers  Esq'^, 

Capt.  Nathan  Gold,  Peter  Burr  Esq^, 

William  Pitkin  Esq'",  John  Allin  Esq"", 

Capt.  Joseph  [Wli]iting  chosen  Treasurer. 
E.  Kimberly,  Secry. 

Deputies  present  at  this  Assembly: 
For  Hartford,  Capt.  Cyprian  Nichols. 
For  Newhaven,  M'"  Jeremh  Osborn,  M^"  Joseph  Moss. 
For  Windzor,  M"-  John  Eliot,*  Capt.  Mathew  Allin. 
For  Wethersfield,  Capt.  Robert  Wells,  Capt.  Thomas  Wells. 
For  Newlondo,  M'"  Andrew  Lester,  M""  Robt  Lattimer. 
For  Fairfield,  Lieu'  Joseph  Wakeman. 
For  Farmingto,  Capt.  Thomas  Hart,  Lieu*  John  Hart. 
For  Stratford,  M""  Ambros  Thomson,  M""  Ben.  Curtis. 
For  Milford,  Capt.  Sam^^  Eels,  M""  Zechariah  Baldwin. 
For  Midlton,  Capt.  Nathan"  White,  Capt.  John  Hall. 
For  Gilford,  Lieu'  John  Seward,  M'"  James  Hooker. 
For  Lyme,  Capt.  Will  Ely,  Ens.  Joseph  Peck. 

*  Speaker. 


1705.]  OF    CONNECTICUT.  499 

For  Branford,  M""  William  Malbie,  Capt.  Eleazar  Stent.* 

For  Wallingford,  Capt.  Sam^i  Hall,  Lieu'  Jn"  Merimaii. 

For  Saybrook,  M>-  Nathan"  Lynde,  M^  NathanH  Chapman. 

For  Glassenbury,  Lieu*  Sam"  Hale,  Serjt  Jn°  Hubbnrd. 

For  Norwich,  Capt.  Richard  Buslmel,  Lieu'  Solomo  Tracy. 

[474]  For  Haddum,  M^  DanH  Brainard,  Capt.  Jn"  Chapman. 

For  Kihnsworth,  M>-  Jn^  Crane,  Mf  Robt  Lane. 

For  Lebanon,  M^  Will  Clark. 

For  Waterbury,  Ens.  Thomas  Jud,  M"-  Steph.  Ypson. 

For  Windham,  Lieu^  Jonatli.  Crane. 

For  Symsbury,  Capt.  Jn«  Higly,  Serjt  Nathan"  Holcomb. 

For  Danbury,  Mr  Josiah  Starr. 

For  Preston,  M^  Thomas  Tracy. 

For  Norwalk,  M--  John  Beldin,  M--  Joseph  Piatt. 

For  Stonington,  M"-  Nehemh  Palmer,  Mr  Manassah  Minor. 

For  Stanford,  Capt.  Jonath.  SelKck,  Lieut  David  Waterbury. 
*  William  Pitkin  Esq--  is  by  this  Assembly  appointed  Judge 

of  the  Countie  Court  and  Court  of  Probates  in  the  Countie  of 

Hartford. 
John  Ailing  Esq"-  is  appointed  by  this  Assembly  to  be  Judge 

of  the  Countie  Court  and  Court  of  Probates  in  the  Countie  of 

Newhaven. 

Capt.  Danii  Wetherel  is  by  this  Assembly  appointed  Judge 

of  the  Countie  Court  and  Court  of  Probates  in  the  Countie  of 

Newlondon. 

Capt.  Nathan  Gold  is  by  this  Assembly  appointed  Judge  of 

the  Countie  Court  and  Court  of  Probates  in  the  Countie  of 

Fairfield. 

Justices  appointed  in  the  Countie  of  Hartford  are : 
Of  the  Peace  and  Quoru  : 
John  Hains  Esq%  Capt.  Rob'  Wells, 

Mr  Richard  Lord,  Capt.  Tho.  Hart, 

Mr  John  Eliot,  Capt.  John  Higly. 

Of  the  Peace : 
Mr  John  Hooker,  Capt.  Nath.  White, 

Capt.  Mathew  Allin,  Capt.  John  Chapman, 

Lieu'  Joseph  Tallcott,  Mr  Dan"  Brainard, 

Lieut  James  Treat,  Mr  Joshua  Riply, 

Eleazr  Kimberly,  Ens.  Tho.  Jud. 

*  Clerk. 


500  PUBLIC   RECORDS  [May, 

Justices  appointed  in  the  Countie  of  Newhaven  are : 
Of  y"  Peace  and  Quoru  :  Of  the  Peace : 

Mr  Jeremiah  Osborn,  Capt.  Abraha  Fowler, 

Capt.  Nathan  Andrews,  Capt.  Thomas  Yale, 

M<-  Thomas  Clark,  M^  John  Hall. 

Capt.  Samii  Eels, 
M""  William  Malbie, 
Capt.  Eleazr  Stent, 
Majr  Ebenez*"  Johnson. 

Justices  appointed  in  the  Countie  of  Fairfield  are : 
Of  the  Peace  and  Quoru  : 
Capt.  John  Wakeman.  Capt.  John  Minor, 

Capt. 'James  Judson,  Capt.  James  Olmstid, 

Capt.  Jonath.  Sellick.         '        Capt.  Mathew  Sherwood. 
[475]  Of  the  Peace: 

Lieu'  David  Waterbury,  M""  John  Sherman, 

Lieut  Sam^^  Peck,  Lieu'  James  Beebe. 

M'"  Ebenezf  Meed. 

Justices  appointed  in  the  Countie  of  Newlondon  are  : 
Of  the  Peace  and  Quoru :  Of  the  Peace  : 

M''  Nehemiah  Smith,  M""  Ephraim  Minor, 

Capt.  William  Ely,  M'"  Jonath.  Tracy, 

Capt.  Richard  Bushnel,  M""  Sam^  Buel, 

M""  Nehemh  Palmer,  For  Colchester, 

M""  Nathan'^  Lynde,  M-"  Michael  Tainter. 

Mr  Daniel  Tayler. 

Acts  passed  in  this  Assembly. 
An  Act  for  the  better  enabling  of  townes,  villages,  trustees  for 
schools  and  perticular  persons  proprietors  in  comon  and  un- 
divided lands  to  maintain,  recover,  and  defend  their  grants, 
lands,  interests,  and  estates. 

Be  it  enacted  by  the  Governour,  Councill  and  Representa- 
tives in  Generall  Court  assembled,  and  by  the  authoritie  of  the 
same  :  That  it  shall  and  may  be  lawfull  for  all  and  every  the 
said  persons,  townes,  villages,  precincts,  trustees  for  schools, 
and  proprietors  in  comon  and  undivided  lands,  grants,  and 
other  estates  and  interest  whatsoever,  to  sue,  commence  and 
prosecute  any  suits  or  actions,  for  the  maintaining,  recoverie 


1705.]  OF    CONNECTICUT.  501 

and  defence  of  their  said  grants,  interests  and  estates,  in  any 
court  proper  to  try  the  same,  either  by  themselves  or  their 
atturnies,  or  by  their  agents  or  atturnies  to  be  appointed  by 
such  as  have  in  them  the  major  part  of  the  interest,  and  in  hke 
mailer  to  defend  all  such  suits  and  actions  as  shall  be  comenced 
against  them  or  any  of  them. 

And  when  any  towne,  village,  precinct,  or  proprietors  afore- 
said, shall  be  sued,  it  shall  be  sufficient  notice  to  them  to  ap- 
pear and  answer,  to  leave  a  writt  or  sunions  with  their  clerk, 
or  other  principall  inhabitant  or  proprietor  (briefly  declaring 
the  case)  sixe  dayes  before  the  sitting  of  the  court  where  the 
case  is  to  be  heard,  as  in  other  actions  is-  provided.  Alwayes 
provided  that  sequestred  lands  and  towne  comons  is  herein 
excepted. 

An  Act  to  prevent  Trespasses. 

It  is  ordered  and  enacted  by  this  Assembly :  That  when  in 
an  action  of  tres passe  brought  before  an  Assistant  or  justice  of 
the  peace  the  defendant  shall  justifie  and  demurre  upon  plea 
of  title,  a  record  shall  be  made  thereof  and  the  matter  of  fact 
be  taken  pro  confesso,  and  the  partie  making  such  plea  shall 
become  bound  with  one  or  more  sureties  by  way  of  recognizance 
unto  the  adverse  partie  in  a  reasonable  sume  not  exceeding 
twentie  pounds,  on  condition  that  he  shall  pursue  his  plea,  and 
bring  forward  a  suit  for  a  triall  of  his  title,  at  the  next  inferior 
court  of  coihon  pleas  to  be  holden  for  the  countie  in  which  such 
trespasse  is  alledged  to  be  done,  and  pay  and  satisfie  all  damages 
and  costs  as  by  the  said  court  shall  be  awarded  against  him ;  which 
recognizance  the  justice  is  hereby  impowered  to  require  and 
take,  and  shall  be  paid  for  the  same  by  the  reconnusor  two  shil- 
lings, and  one  shilling  for  recording  his  plea,  and  at  the  charge 
also  of  the  same  partie  shall  certifie  the  processe  and  record  of 
such  plea  together  with  the  recognizance  unto  the  said  inferior 
court  of  coinon  pleas  ;  and  if  such  reconnusor  shall  neglect  to 
bring  forward  such  suit  at  the  inferior  court  according  to  the 
[476]  tenour  of  his  recognizance  ||  a  scire  facias  shall  be  issued 
out  of  the  clerks  office  of  the  same  court,  for  the  recoverye  of 
the  sume  or  penaltie  in  the  recognizance  mentioned  of  him,  his 
suretie  or  sureties  ;  or  if  upon  triall  before  the  said  court  he 


502  PUBLIC  RECORDS  [May, 

shall  not  make  out  a  title  to  the  land  or  tenement  on  which  the 
trespasse  is  laid  to  be  done,  paramount  to  the  possession  or  other 
title  of  the  adverse  partie,  judgment  shall  be  rendred  for  the 
partie  trespassed  upon  for  treble  damage  and  cost  of  suit ;  but 
if  the  defendant  in  trespasse  justifying  upon  plea  of  title  shall 
refuse  or  neglect  to  become  bound  in  manner  as  aforesaid,  then 
his  plea  shall  abate,  and  the  justice  notwithstanding  the  same 
shall  proceed  to  try  the  cause,  and  upon  due  proof  of  the  tres- 
passe comitted  by  him,  shall  award  damages  against  liim  ac- 
cording to  what  shall  be  made  out,  and  cost  of  suit. 
Act  concerning  Formes  of  Writts. 

Whereas  there  be  divers  cases  cognizable  by  the  com  on  lawe 
for  which  the  printed  formes  sett  forth  in  our  lawes  will  not 
serve :  Be  it  enacted  and  ordeined  by  this  Assembly :  That  it 
shall  be  lawfull  for  any  person  within  this  Colonic,  as  often  as 
occasion  shall  require,  to  make  use  of  other  formes  then  what 
are  already  printed  as  aforesaid,  so  that  the  substance  of  the 
action  be  conteined  in  the  writt  according  to  lawe. 

Ordered  and  enacted  by  this  Assembly :  That  all  book-debts 
shall  be  recoverable  at  any  time,  provided  the  originall  debtor 
be  living,  any  lawe  or  custome  to  the  contrary  notwithstanding. 

And  it  is  enacted  by  the  authoritie  aforesaid.  That  all  actions 
of  book-debts  brought  before  any  Assistant,  Justice,  or  court 
in  this  Colonic,  if  the  said  Assistant,  Justice,  or  court  shall  see 
meet  to  give  any  person  or  persons  an  oath  to  the  truth  of  their 
account,  said  accounts  shall  then  be  sufficient  evidence  in  lawe 
to  recover  the  debt ;  and  where  any  fair  accounts  of  any  deceased 
person  shall  be  accepted  by  any  court  or  justice  where  the  ac- 
tion is  cognizable,  said  accounts  shall  be  also  accounted  suffi- 
cient evidence  to  recover  the  debt  sued  for. 

It  is  ordered  and  enacted  by  this  Court :  That  the  listers  in 
each  town  in  this  Colonic  themselves  or  one  of  them  some  time 
in  July,  annually,  shall  warn  all  the  inhabitants  proper  to  be 
listed  in  their  townes,  or  leave  notice  at  their  houses  or  places 
of  usuall  abode,  to  give  in  their  lists.  And  the  said  inhabitants 
being  so  warned,  shall  give  in  to  the  listers  in  writing,  a  true 
account  of  all  their  rateable  estate,  perticularly  mentioning 
therein  all  such  things  as  are  in  the  lawe  expressly  vallued,  at 


1705.]  OF    CONNECTICUT.  503 

or  before  the  the  twentieth  day  of  August  following,  signed 
with  their  names  or  markes ;  which  accounts  the  said  listers 
shall  accept,  adding  according  to  the  best  of  their  judgments 
for  all  things  mentioned  in  the  lawe  to  be  listed  that  are  not 
perticularly  vallued,  and  make  the  whole  into  one  generall  list, 
and  also  further  adde  to  the  said  list  all  such  estate  as  any  per- 
son or  persons  shall  desire  them  to  add  to  his  or  their  lists  any 
time  after  the  time  above  limited  for  giving  in  lists  untill  the 
first  day  of  October  following,  and  take  due  care  that  it  be 
[477]  transmitted  to  the  ||  Generall  Court  according  to  the 
directions  in  such  case  for  the  inspectors  in  the  printed  lawe. 
And  it  shall  be  the  duty  of  the  listers  carefully  to  inspect  the 
said  lists  after  they  are  returned  from  the  Generall  Court,  and 
till  the  last  day  of  December  following,  to  add  four  fold  to  the 
perticular  lists  of  the  said  inhabitants  for  all  such  rateable  estate 
as  they  shall  find  left  out  of  the  said  lists  by  any  of  the  said  in- 
habitants, although  it  be  sold  or  by  any  means  conveyed  away 
to  escape  the  list,  and  all  such  creatures  as  shall  be  left  out  of 
the  list  and  after  killed ;  and  also  add  to  the  list  fourfold  for 
the  whole  rateable  estate  of  such  as  have  given  in  no  list,  as  a 
penaltie  upon  the  said  inhabitants  for  their  neglect,  who  shall 
pay  rates  for  the  same  accordingly ;  and  three  fourtlis  of  all 
sumes  arising  upon  such  additions  shall  (by  the  constables  and 
other  collectors  of  rates  that  shall  be  made  upon  such  lists)  be 
paid  to  the  said  listers  [as  a  reward  for  their  trouble,  and  the 
other  fourth  to  be  to  the  uses  for  which  such  rates  are  made ; 
and  the  listers  shall  transmitt  an  account  of  the  totall  sume 
they  shall  so  add  to  the  Generall  Court  in  May  yearly,  by  the 
deputies  of  their  severall  townes,  and  the  Secretary  shall  enter 
the  same  as  an  addition  tothe  sume  totall  of  the  severall  townes 
from  whence  they  are  sent,  and  give  an  account  thereof  to  the 
Colonie  Treasurer,  who  shall  be  accountable  for  the  rates  arising 
thereon  as  for  the  rest  of  the  rates,  any  lawe,  usage  or  custome 
to  the  contrary  notwithstanding.  And  the  lawe,  title  In  addi- 
tion to  the  lawe  title  Rates,  is  hereby  repealed. 

It  is  ordered  and  enacted  by  this  Assembly  as  an  addition  to 
an  act  respecting  cattel  in  the  constables  hands,  that  if  the  cred- 
itor doe  receive  said  cattel,  then  the  constable  and  debtor  shall 
appoint  men  to  apprize  such  cattel. 


50J:  PUBLIC  RECORDS  [May, 

And  it  is  further  enacted  by  the  authoritie  aforesaid :  That 
the  constables  in  the  severall  townes  who  have  received  or  shall 
receive  cattel  for  the  countrie  rate,  shall  tender  them  to  such 
persons  in  said  townes  as  the  Colonic  is  indebted  to,  to  be  valued 
as  the  lawe  directs,  or  sell  tliem  for  the  same  price  they  take 
them  at  for  present  pay,  and  make  payment  thereof  to  the  afore- 
said creditors ;  and  such  cattel  as  the  creditor  will  not  take  of 
the  constables,  nor  cannot  be  sold  by  the  constables  as  afore- 
said, shall  by  them  be  branded  on  the  horn  with  the  letter  or 
figure  of  the  town  brand  in  which  they  are  taken  (a  brand  to 
be  made  for  that  end  upon  the  publick  charge)  and  be  turned 
into  the  woods  by  the  said  constables  under  their  care,  till  they 
be  hereafter  disposed  of  by  the  treasurer  for  the  paym*  of  the 
countrie  debts. 

Act  setting  forth  the  duty  of  Capt"s  appointed  to  impresse 

souldiers,  &c. 

It  is  ordered  and  enacted  by  this  Assembly :  That  the  cap- 
tains or  other  officers  comanded  to  list  or  impresse  souldiers 
for  her  Majesties  service  against  the  comon  enemy,  shall  give 
an  account  of  the  names  of  all  such  souldiers  as  they  shall  list 
or  impresse,  and  the  time  when,  and  also  what  armes,  ammu- 
nition or  other  things  are  impressed  or  taken  up  upon  the'  Col- 
onies account  for  each  of  them,  unto  the  captains  or  other 
[478]  II  chief  comanders  appointed  to  lead  them  forth ;  and  the 
Colonic  shall  not  be  obliged  to  pay  any  charge  arising  upon  the 
account  of  such  souldiers  while  they  are  under  the  care  and 
comand  of  such  officers,  except  such  as  the  captain  or  other 
chief  coiTiander  of  each  perticular  company  of  such  souldiers 
shall  give  order  for ;  and  the  said  officers  when  they  are  dis- 
mist,  shall  give  a  bill  to  each  souldier  under  their  comand 
when  they  are  disbanded  for  what  is  remaining  due  to  him, 
which  bill  shall  be  sufficient  securitie  to  them,  or  any  that 
shall  accept  thereof,  for  the  payment  of  the  money,  and  be  ac- 
cepted by  the  constables  and  the  Colonic  treasurer  as  legally 
signed.  And  the  severall  officers  in  the  capacities  above  men- 
tioned shall  be  lyable  to  pay  all  such  damages  as  shall  arise  by 
their  neglect  in  any  of  the  respects  abovementioned,  any  lawe, 
usage  or  custome  to  the  contrary  notwithstanding,  and  the 
lawes  concerning  Comissaries  are  hereby  repealed. 


1705.]  OF    CONNECTICUT.  505 

All  Act  to  prevent  the  stopping  or  turning  of  Water-courses. 

It  being  found  very  preiudiciall  to  many  townes  and  perticu- 
lar  persons,  the  darning  of  rivers,  brooks  or  streams,  and  turning 
of  water-courses  or  streams  out  of  their  naturall  and  originall 
courses, — for  the  prevention  thereof: — It  is  enacted  by  this 
Assembly  and  the  authoritie  thereof:  That  no  person  within 
this  Colonic  shall  after  the  publication  hereof  stop,  dam  or  ob- 
struct, any  river,  brook  or  stream,  or  shall  turn  any  brook, 
stream  or  runn  of  water  out  of  its  naturall  and  originall  course, 
without  libertie  from  the  town  in  whose  bounds  the  said  brook, 
river,  or  stream  shall  be ;  and  if  any  person  doe  dam,  stop  or 
obstruct  any  river,  brook  or  stream  as  aforesaid,  without  such 
libertie  first  obteined,  it  shall  be  deemed  a  comon  nusance  and 
removed  accordingly,  by  such  person  or  persons  by  whose  pro- 
curement it  was  darned,  stopt  or  hindred,  upon  penaltie  of  for- 
feiting five  shillings  for  every  week  such  nusance  shall  remain 
after  due  warning  given  to  such  person  causing   the  same.' 

Provided  nothing  is  here  meant  or  intended  concerning  any 
dam  for  any  mill  or  other  use  already  made. 

Councill  stated. 

It  is  ordered  and  enacted  by  this  Court :  That  the  Councill 
in  the  intervale  of  the  Generall  Assembly  untill  October  next 
shall  consist  of  seven  or  not  lesse  then  five,  viz.  the  Governour 
or  Deputy  Governour  and  two  Assistants  at  the  least,  with  M^ 
Nehemiah  Smith,  M""  Nehemiah  Palmer,  Capt.  Richard  Bush- 
iiell,  and  Capt.  William  Eely,  or  in  the  absence  of  them  such 
other  judicious  freemen  as  the  Governour  or  Deputy  Governour 
shall  call  in ;  who  shall  have  power  in  the  intervale  of  the  Gen- 
erall 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  exigence)  nor  dispose  of  money.  Alwayes 
provided  that  in  extraordinarie  cases  the  Governour  or  Deputy 
Governour  may  call  the  Councill  of  Assistants,  or  as  many  as 
can  be  convened. 

Ordered  and  enacted  by  this  Assembly :  That  the  Assistants 
[479]  for  II  the  future  shall  be  allowed  five  sliillings  in  money 
p  day,  or  seven  shillings  and  sixe  pence  in  pay,  for  their  attend- 
64 


506  PUBLIC     RECORDS  [MilV, 

ance  at  the  Generall  Court  and  Court  of  Assistants,  and  the 
same  p"*  day  for  their  travail  out  and  home  for  so  many  dayes  as 
by  lawe  is  allowed  for  Deputies ;  and  they  shall  have  their  five 
shillings  p""  day  for  their  attendance  at  the  Courts  of  Assistants 
out  of  the  fees  appointed  by  lawe  for  triall  of  actions  at  said 
Court,  if  that  be  sufficient,  and  what  the  fees  fall  short  shall  be 
made  up  out  of  the  countrie  rate  by  the  treasurers  order,  ac- 
count thereof  being  given  to  him  by  the  Secretary,  and  if  there 
be  any  thing  remaining  of  the  said  fees  after  the  Assistants 
have  their  dues  as  above,  the  Secretary  shall  give  an  account 
thereof  to  the  Colonic  treasurer. 

This  Assembly  doth  allow  to  the  Treasurer  fiftie  pounds  in 
pay  for  his  sallerie  this  year,  and  thirtie  sixe  pounds  in  pay  fo[r] 
riding  the  circuit  to  make  up  the  Colonies  accounts  with  the 
constables  this  year. 

This  Court  allows  Maj""  Ebenezf  Johnson  deputies  wages  for 
sixe  dayes  attendance  at  this  Court,  and  to  Capt.  Joseph  Wads- 
worth  deputies  wages  for  two  dayes  attendance,  and  to  Hart- 
ford constables  three  shillings  and  sixe  pence  p""  day  for  their 
attendance  upon  the  Lower  House  this  Court. 

M''  Richard  Cristophers,  Maj""  John  Chester,  M""  William 
Malbie,  Capt.  Jonath.  Sellick,  and  M""  John  Hart,  or  any  four 
of  them,  are  appointed  Auditors  of  the  Colonic  accounts  with 
the  Treasurer,  and  to  make  return  to  the  Gen'i'  Court  in  Octo- 
ber next ;  and  if  M^  Cristophers  be  absent,  M"^  Osborn  is  to  sup- 
ply his  place ;  the  auditt  to  be  holde  at  Newhaven  this  year. 

Whereas  the  Committee  of  Warre  in  the  Countie  of  Hartford 
did  some  time  on  or  about  the  first  day  of  January  last  past 
order  that  four  hundred  of  effective  men  should  be  raised  in 
the  Countie  of  Hartford  to  be  in  readinesse  upon  any  sudden 
exigence,  and  for  their  incouragem^  should  have  twejve  shil- 
lings p""  week,  they  furnishing  of  themselves  with  armes,  amu- 
nition,  snow-shoes  and  Indian  shoes,  and  other  necessaries: 
this  Court  see  reason  to  order  that  the  souldiers  raised  shall  be 
exempted  from  being  called  out  to  train  under  their  respective 
officers  this  present  suraer,  and  that  they  be  under  the  comand 
of  the  officers  comissionated  to  lead  them  forth  on  any  occasion 
against  the  comon  enemy. 


1705.]  OP    CONNECTICUT.  507 

Majr  William  Whiting  is  by  this  Assembly  appointed  Major 
of  the  severall  companies  in  the  countie  of  Hartford,  and  to  be 
comissionated  accordingly. 

Lieut  Nathaniel  Chesborough  is  by  this  Assembly  appointed 
Captain  of  the  trainband  in  the  towne  of  Stonington,  Ens.  Wil- 
liam Denison  to  be  their  Lieutenant  and  Serj'  William  Gallop 
to  be  their  Ensign. 

M""  Samuel  Avery  is  appointed  by  this  Assembly  to  be  Ensign 
of  the  trainband  on  the  east  side  of  the  riA-er  in  the  township  of 
Newlondon. 

Lieut  Samuel  Willard  is  by  this  Assembly  appointed  Captain 
of  the  trainband  in  the  town  of  Saybrook. 

Ensign  John  Beldin  is  by  this  Assembly  appointed  Lieuten- 
nant  of  the  trainband  in  the  towne  of  Norwalke.  The  choice 
of  their  Ensign  is  suspended. 

Capt.  John  Wakeman  is  appointed  to  be  Captain  of  a  com- 
pany at  the  east  end  of  Fairfield,  Lieu'  Joseph  Wakeman  to  be 
their  Lieutenant,  Serjant  Sam'^  Squire  to  be  their  Ensign. 
[480]  Captain  John  Osborn  is  by  this  Assembly  appointed 
to  be  Captain  of  the  company  at  the  west  end  of  Fairfield, 
John  Barloe  to  be  their  Lieu',  and  Theophilus  Hull  to  be  their 
Ensign. 

Ens.  Sam"  Stiles  is  by  this  Assembly  appointed  Lieu*  of  the 
trainband  in  the  towne  of  Woodbury,  and  John  Mitchel  to  be 
their  Ensign. 

Ensign  James  Wells  is  by  this  Assembly  appointed  Lieu*  of 
the  trainband  in  Haddum,  and  Serj'  James  Brainard  to  be 
their  Ensign. 

All  the  aforesaid  officers  are  comissionated  according  to  order 
of  the  Generall  Assembly,  except  Lieu^  Joseph  Wakema,  who 
would  not  accept  of  the  Lieutenant  place. 

Articles  of  agreement  between  the  inhabitants  of  the  towne  of 
Greenwich  on  the  east  side  of  Myanos  River  and  the  inhab- 
itants of  said  towne  of  the  west  side  of  the  said  river,  exhib  - 
ited  in  this  Assembly. 

1.  That  from  the  date  of  these  there  be  libertie  of  calling, 
incouraging,  and  setling  the  ministrie  of  the  gospel  according 
to  the  way  of  the  Colonic  of  Connecticutt,  in  two  societies,  on 
the  west  side  as  well  as  on  the  east  side  of  Myanos  River. 


508  PUBLIC  RECORDS  [May, 

2.  That  for  the  incouragement  of  the  ministers  on  either  side 
of  said  river,  there  be  a  rate  raised  annually  by  the  yearly  list 
of  the  towne  of  Greenwich,  of  which  the  one  halfe  to  be  collected 
for  the  minister  on  the  east  side,  and  the  other  halfe  to  be  col- 
lected for  the  west  side  of  Myanos  River. 

3.  That  all  publick  charges  concerning  the  ministers  be 
equall  according  to  the  publick  list. 

4.  That  thirtie  acres  of  land  at  Horsneck  be  sequestred  to 
be  continually  for  the  use  of  the  ministrie,  according  to  the  way 
of  said  Connecticutt  Colonic,  at  Horseneckinthe  lieu  of  Grimes^ 
land,  comonly  so  called,  which  belongs  perpetually  to  the  use 
of  the  ministrie  on  the  east  side  of  Myanos  River,  or  Green- 
wich old  towne. 

5.  That  the  halfe  of  the  ordinary  yearly  sallery  for  the  min- 
istrie in  Greenwich  be  collected  in  a  proportion  according  to 
the  publick  list  of  the  towne,  for  the  minister  residing  at  either 
place  (whether  Horseneck  or  Greenwich  old  towne)  provided 
the  other  place  be  destitute  of  a  minister. 

6.  That  it  be  at  the  libertie  of  each  societie  to  make  choice 
of  their  respective  minister. 

7.  That  the  severall  parcells  of  land  on  the  east  side  of  Mya- 
nos River  made  choice  of  by  M""  Bowers  and  entred  upon  the 
town  records,  be  absolutely  given  to  the  minister  on  the  s^^  east 
side,  provided  he  be  ordeined,  or  dye  in  the  place  of  his  im- 
provement in  Greenwich ;  and  that  upon  the  same  provisoes, 
the  lands  on  the  west  side  of  said  river  offered  unto  but  not  ac- 
cepted of  by  said  M""  Bowers  be  absolutely  given  and  confirmed 
to  the  minister  on  the  said  west  side. 

8.  That  whatever  right  in  comon  lands  in  Greenwich  M"" 
Bowers  hath  granted  or  may  have  granted  him,  as  large  and 
[481]  full  a  right  in  said  comon  lands  be  ||  granted  to  the 
minister  at  Horsneck. 

9.  And  finally,  that  it  is  the  desire  and  agreement  of  the  in- 
habitants both  on  the  east  side  and  also  on  the  west  side  Mya- 
nos River,  that  all  the  above  articles  be  obliging  to  themselves 
and  their  heirs  also  after  them. 

Att  a  town-meeting  regularly  warned  in  Greenwich,  March 
5^1',  170f ,  all  the  above  articles  and  premises  were  published 
unto  and  voted  by  the  towne  by  a  full  vote  nemine  contradi- 
cente,  as  also  by  the  vote  of  the  towne  the  subscribing  comit- 
ting  of  sixe  inhabitants  of  said  Greenwich  were  appointed  and 
ordered  in  the  name  of  the  towne  to  subscribe  in  cofirmation 
of  all  and  every  the  above  articles.* 

*  The  petition  of  the  townsmen  of  Greenwich,  Jonathan  Kenals,  Robert  Lockwood, 
Benjamin  Meade,  Caleb  Knap,  James  Renelds,  that  the  foregoinj?  articles  might  be 
confirmed  as  the  most  efiectual  means  to  extinguish  controversr.  is  in  Eccl.  I,  166. 


1705.]  OP    CONNECTICUT.  509 

Inhabitants  on  the  west  side  Myanos  River  subscribing : 
Ebenezer  Meed,  Timothie  Knap. 

Joshua  Knap, 

Inhabitants  on  the  east  side  of  Myanos  River  subscribing : 
Samuel  Peclc,  Robert  Lockwood. 

Jonatli.  Renalls, 

Subscribed  in  presence  of  us, 
Jonath.  Sellick  sen"",  Sam^  Hoyt  sen"", 

John  Davenport,  David  Waterbury. 

This  Assembly  doth  allowe  of  and  confirme  the  agreement 
of  the  inhabitants  of  the  towne  of  Greenwich  bearing  date 
March  5^^,  170|,  for  dividing  themselves  into  two  societies  for 
their  greater  convenience  of  attending  the  publick  worship  of 
God,  and  also  of  the  wayes  and  methods  by  them  agreed  upon 
and  consented  to  for  the  maintenance  of  the  respective  minis- 
ters of  the  said  societies,  and  their  grants  and  sequestration  of 
lands  for  the  accomodation  and  maintenance  of  their  ministers, 
together  with  all  other  articles  conteined  in  the  said  agreement 
referring  thereunto,  and  doe  order  that  the  said  articles  shall 
be  recorded  in  the  publick  records  of  the  Colonic  in  perpetuam 
rei  memoriam,  and  that  all  ^nd  every  the  said  articles  shall  be 
obliging  to  those  that  are  the  present  inhabitants  of  the  said 
towne,  and  to  theirs  after  them,  according  to  their  true  intent 
and  meaning. 

Complaint  being  made  in  this  Assembly  by  John  Smith  in 
the  behalfe  of  the  inhabitants  of  Plainfield,  that  wrong  is  done 
to  their  towne  by  the  late  survey  of  the  towne  of  Preston  made 
by  John  Plumb,  which  (as  they  say)  was  done  without  giving 
notice  thereof  to  them :  this  Assembly  doth  therefore  appoint 
and  impower  M""  Caleb  Stanly,  surveyor,  to  goe  to  Plainfield 
and  Preston,  and  notice  thereof  being  first  given  by  him  to  both 
townes,  to  take  a  review  of  the  said  survey,  and  to  make  report 
thereupon  to  the  Generall  Assembly  in  October  next.  The 
charge  of  the  review  to  be  paid  as  the  Generall  Assembly  shall 
then  order,  provided  the  Colonic  be  not  at  any  charge. 

Libertie  is  granted  to  the  inhabitants  of  the  towne  of  Green- 
wich dwelling  on  the  west  side  of  Myanos  River  to  imbody 
themselves  into  church  estate  with  the  approbation  of  neigh- 
bour churches. 


iAO  n  15  1.1  c    UKCOKos  [May, 

Tliis  Assoivibly  doth  approvo  o[\  ratlitio  and  oontiruio  tho 
method  agivod  upon  by  tho  inhabitnnts  of  C';\iuorbury  tor  Uny- 
iiig"  of  rates  tor  the  detVaying-  ot'  their  towne  eharges,  as  hath 
been  ptvsewted  under  the  hand  of  their  town  elerk.  bearinir 
date  May  1.  ITOo:  and  whereas  they  re*\uest  t'or  eidargvnient 
ol'  their  towne  bounds  northward  about  two  or  three  miles  to 
a  plaee  eaUed  Oapt.  l>hu'kwells  lainne.  the  said  enhirceinent 
[  tS'J]  they  doe  ivtetnv  luiiill  the  (lenerall  ||  Court  in  Oetober 
next,  thev  oivin«r  all  persons  ooneerued  seasvMiable  uotiee,  as 
also  that  it  may  not  hinder  another  township. 

Whereas  the  inhabitants  ot'Newloitdvui  on  the  east  side  ot'the 
river  have  desired  that  the  lands  on  that  siile  the  river  may 
[be]  a  dislinet  township  on  eertain  termesasrreed  upon  between 
theiu  and  the  iuhabitantv^s  of  said  to\vi\e  on  the  west  side,  whieh 
ternies  aiv  as  foUoweth:  Fii*st.  that  the  ferry  and  the  hmd  and 
house  belonging  to  it  shall  be  and  remain  for  the  benelitt  of  a 
fiw^sehool  in  the  town  on  the  west  side  of  the  river,  i!'.^ ,  That 
the  inhabitants  of  the  east  side  pay  their  part  of  the  town  debts 
that  are  now  diu\  o'>.  That  the  inhabitants  on  the  west  side 
who  have  proprietie  in  lands  on  the  east  doe  still  hold  their 
riiiht  in  the  eoihon  land  on  the  east  side  in  proportioit  w  ith  the 
inhabitants  on  the  oti^t  side  :  the  san\e  rule  to  be  attended  lor 
sueh  inltabitants  on  the  east  side  who  have  propriety  in  laiuls 
on  the  west  side.  4''''> .  That  the  pine  swamp  on  the  east  side 
wheiv  they  usually  gvt  masts  may  eontitnu^  tor  the  benelitt  of 
the  inhabitautj*  on  both  sides  the  river  as  formerly.  o''> .  That 
all  estate  given  to  ministrie  of  Newiondon  or  to  a  free-school 
theiv.  shall  l>o  and  remain  wholy  to  the  use  of  the  ministrie  and 
maintenance  of  a  tree-school  in  the  town  on  the  west  side  of 
the  river. 

This  Assembly  upon  the  application  of  the  inhabitants  of  the 
said  towne,  doe  approve  of  and  eontirmo  the  said  agi-ccment. 


*  The  petition  of  tho  town  reprosont*  that  it  was  not  fi»-stly  their  seeking  or  desire 
to  be  a  tovn\  sel^arate  from  l^lainfie.ld,  but  they  w*tv  over  persuaded,  as  also  advised 
by  Kev.  Mr.  Noyos,  Mr.  Saltonstall  and  Mr.  Treat  to  yield  to  the  desire*  and  otVei-s  of 
their  neighbors  on  the  e;u*t  side  of  the  river.  The  town  desires  that  an  agreement  to 
i-aise  their  public  charges  jvvrtly  on  lands  unimprinisl  until  the  meeting  bouse  and 
uiinistej-s  house  be  built  may  be  contirmed.  Vhey  also  desire  the  extension  of  their 
town  bounds  northward,  which  they  s;»y  had  been  grantevl  by  the  lower  house  at  two 
several  sessions,  but  stopped  in  the  upinr  house.    Eccl.  1,  165. 


1705.]  OP    (;ONNEC;TIfMJT.  All 

and  doe  liorcUy  enact  and  declare  that  the  lands  in  the  town- 
ship of  Newlondon  shall  be  divided  into  two  townships,  the 
lands  on  the  west  side  of  the  river  in  the  said  township  to  be  one 
distinct  township  to  be  called  by  the  name  of  Newlondon,  and 
the  lands  on  the  east  side  of  tjie  said  river  to  be  a  distinct  town- 
ship to  be  called  by  the  name  of  Groton ;  and  that  the  said 
townes  shall  enioy  all  such  privilcdgcs  and  irTiunities  as  are 
generally  granted  to  all  or  to  any  townes  in  this  Colonic;  and 
doe  order  and  enact  that  whatsoever  estate  rcall  or  pcrsonall, 
and  whatsoever  priviledges  are  by  the  said  articles  or  any  of 
them  excepted  and  reserved  to  either  i)artie  shall  forever  be 
and  remain  to  those  uses  for  which  the  same  is  excepted  and 
reserved  according  to  the  true  import  and  intent  of  the  said 
articles  and  every  of  them.  Always  provided  that  the  inhabit- 
ants on  the  east  side  of  the  said  river  in  the  township  of  Gro- 
ton doe  not  hereby  claim  a  priviledge  of  being  exempted  from 
paying  countrie  rates.  And  it  is  further  provided  and  to  Ije 
understood  that  this  act  shall  not  be  understood  or  interin-eted 
to  the  preiudice  or  infringement  of  any  rights  or  priviledges 
granted  by  the  towne  of  Newlondon  to  John  Winthrop  Esq"" 
our  late  Governour  or  his  lieirs  with  the  said  township  of  New- 
london as  formerly  bounded,  but  the  said  grants  shall  be  of  the 
same  force,  cfTect  and  virtue  as  if  this  act  had  never  been. 

And  it  is  enacted  by  this  Assembly  that  the  brand  for  horses 
in  the  town  of  Groton  shall  be  this  following  figure,  viz.  Q 

Whereas  it  appears  to  this  Court  that  the  freeraans  oath  hath 
by  Maj""  Johnson  been  administred  to  John  Durand,  Henerie 
Wooster,  William  Washborn,  John  Johnson,  Adino  Strong,  of 
the  town  of  Derby,  without  their  having  certificate  from  tlie 
selectmen  of  the  said  towjie  as  the  lawe  requires,  and  it  not  ap- 
pearing to  this  Court  that  the  said  persons  are  qualified  accord- 
ing to  lawe :  this  Court  doe  now  order  that  the  said  persons 
shall  not  have  libcrtie  to  vote  or  act  as  freemen  of  this  Colonic 
[488]  II  untill  they  produce  a  certificate  from  the  select-men 
of  their  town  as  the  lawe  requires,  or  make  it  appear  to  the 
Countie  Court  of  Newhaven  that  they  are  qualified  according 
to  lawe  ;  and  when  that  is  done  by  them,  they  shall  l)e  admitted 
to  be  freemen  without  their  taking  the  frecmans  oath  anew ; 


512  PUBLIC   RECORDS  [May, 

and  they  arc  hereby  freed  from  any  punishment  to  be  inflicted 
on  them  for  their  late  voting  at  the  freemans  meeting  in  their 
towne. 

This  Court  grants  libertie  to  M'^  Sarah  Bull,  administratrix 
to  the  estate  of  Major  Jonath.  Bull  deceased,  to  make  sale  of 
a  small  parcel  of  land  in  Hartford  not  exceeding  fifteen  foot  in 
breadth  and  fiftie  foot  in  length,  for  the  accomodation  of  the 
making  some  inlargement  to  the  south  meeting  house  in  said 
towne ;  and  said  M'^  Bull  to  take  the  advice  of  Majf  William 
Whiting  in  the  disposall  of  the  piece  of  land  aforesaid. 

This  Court  grants  full  power  to  Jonathan  Husted  of  Green- 
wich and  John  Pettit  of  Stanford,  administrators  to  the  estate 
of  Jabez  Sherwood  deceased,  of  said  town  of  Greenwich,  to  dis- 
pose of  a  parcell  of  land  in  said  towne  to  Joseph  Palmer  of 
Greenwich  aforesaid,  which  land  said  Jabez  Sherwood  bought 
of  the  said  Palmer,  and  died  before  he  had  paid  for  it,  there 
not  being  moveable  estate  sufficient  to  pay  the  purchase  of  said 
land.  The  said  administrators  are  by  this  Court  impowered  to 
give  to  the  said  Palmer  a  legall  title  thereunto. 

This  Court  grants  full  power  to  M''  Oliver  Manwering,  ad- 
ministrator on  the  estate  of  Benjamin  Waterhouse  late  of  New- 
london  deceased,  with  the  advice  of  Benjamin  Hackly  of  the 
same  towne,  to  sell  so  much  of  the  lands  of  the  said  Beniamin 
Waterhouse  as  may  be  needfull  for  the  pa3''ment  of  his  just 
debts  ;  alwayes  provided  that  the  relations  of  the  said  Water- 
house  are  to  have  the  first  offer  of  it. 

Capt.  Mathew  Allin,  M""  Samuel  Allin,  and  Capt.  John  Higly, 
or  any  two  of  them  agreeing,  are  by  this  Court  fully  impowered 
to  sell  so  much  of  the  land  of  Capt.  Thomas  Allin,  late  of  the 
towne  of  Windzor  deceased,  as  may  be  needfull  for  payment  of 
his  just  debts. 

This  Court  grants  full  power  to  Thomas  Scrivener,  adminis- 
tra[tor]  to  the  estate  of  Benjamin  Scrivener  late  of  the  towne 
of  Norwalk,  to  sell  so  much  of  the  lands  of  the  said  Benjamin 
Scrivener  a[s]  may  be  needfull  for  the  payment  of  his  debts, 
beyond  what  there  is  moveables  to  pay  with. 

M""  William  Southmaid  late  of  the  towne  of  Midltowne  dec^ 
having  in  his  life  time  made  exchange  of  one  fift  part  of  the 


1705.]  OP    CONNECTICUT.  613 

house  and  homestid  which  was  Colon"  John  Allins  (which  said 
William  Southmaid  had  in  right  of  his  wife)  to  Capt.  Aron 
Cook  of  the  town  of  Hartford  for  other  lands,  and  instruments 
of  conveyance  not  being  made  in  the  life  time  of  said  M^  South- 
maid,  this  Court  impowers  M"  Margaret  Southmaid,  relict  of 
the  said  M""  Southmaid  and  administratrix  to  his  estate,  to  give 
and  recieve  deeds  of  conveyance  for  the  perfecting  of  the  said 
exchange  witli  the  said  Capt.  Cook. 

This  Court  grants  full  power  to  Captain  John  Clark  of  the 
town  of  Say  brook,  administrator  to  the  estate  of  Abimeleck  the 
Sonne  of  Joshua  Sachim  dec',  to  sell  so  much  of  the  lands  of 
the  said  Abimeleck  as  may  be  needful!  for  the  payment  of  the 
just  debts  of  the  said  estate,  and  no  more. 

This  Court  grants  full  power  to  Thomas  Bacon  administrator 
to  ye  estate  of  Francis  Williams  late  of  Symsbury  dec*' ,  to  sell 
so  much  of  the  said  Williams  his  land  as  may  be  needfull  for 
the  payment  of  the  just  debts  of  the  said  estate,  acting  therein 
with  the  advice  of  the  Prerogative  Court  in  the  Countie  of 
Hartford. 

[484]  Whereas  severall  of  the  inhabitants  and  proprietors  of 
land  in  the  towne  of  Lebanon  in  this  Colonie,  have  made  their 
application  to  this  Court  complaining  and  setting  forth  sundry 
difficulties  and  inconveniencies  that  they  are  labouring  under 
respecting  their  purchasing  a  tract  of  land  in  the  said  towne 
of  Lebanon  of  five  miles  square  of  Owaneco  Lidian  sachem  of 
Mohegan  and  of  Capt.  Sam'^  Mason,  Capt.  Benjamin  Bruster, 
Capt.  John  Stanton,  and  M''  John  Burchard,  and  the  survey- 
ing and  laying  out  of  the  same,  and  concerning  the  deeds  and 
conveyances  thereof  made  to  them,  and  the  dividing  and  secur- 
ing to  and  amongst  the  said  proprietors  of  the  said  tract  of  land, 
their  just  and  respective  shares  and  proportions  thereof,  and 
their  right  in  the  same,  and  praying  to  this  Court  for  relief, — 
for  redresse  thereof: 

This  Court  doe  allowe,  approve  and  confirme  one  certain 
deed  or  conveyance  made  of  the  said  tract  of  five  miles  square 
of  land  lying  and  being  in  Lebanon  aforesaid,  by  the  said  Owan- 
eco under  his  hand  and  seal,  bearing  date  the  sixt  of  September 
one  thousand  sixe  hundred  ninetie  two,  wherein  the  said  Owan- 
65 


514  PUBLIC   RECORDS  [May, 

eco  hath  conveyed  the  said  tract  of  land  to  the  said  Sam'i  Mason, 
Ben.  Bruster,  Jn^  Stanton,  and  John  Burchard,  and  to  their 
heirs  and  assignes  forever,  and  the  same  is  hereby  allowed  and 
confirmed  for  the  use  and  best  benefitt  of  the  proprietors  of  the 
said  tract  of  land  hereinafter  named,  and  thereinafter  named 
and  their  heirs  and  assignes  forever;  and  also  doe  allow  and 
approve  and  confirme  one  other  deed  or  conveyance  of  the  said 
tract  of  five  miles  square  of  land  made  by  the  said  Samuel 
Mason,  Beniamin '  Bruster,  Jn^  Stanton,  and  John  Burchard, 
under  their  hands  and  seals,  bearing  date  the  4*11  ^r^y  of  Janu- 
ary, \m-,  wherein  (referring  to  the  said  deed  made  by  Owan- 
eco)  the  said  Sam"  Mason,  Ben"  Bruster,  Jn"  Stanton,  and 
Jno  Burchard,  have  conveyed  all  the  said  tract  of  land  with  the 
appurtenances  to  the  present  proprietors  thereof  (who  are  here- 
inafter named)  and  their  heirs  and  assignes  forever.     And  the 
same  recited  deeds  or  conveyances  and  the  grants,  sales,  bar- 
gains  and  covenants  therein  conteined,  ^are  hereby  allowed, 
approved  and  confirmed  to  be  firme,  good  and  eifectuall  to  all 
intents  and  purposes  according  to  the  true  meaning  and  intent 
thereof  as  shall  be  construed  most  favourable  on  the  behalfe 
and  for  the  best  benefitt  and  behoof  of  the  grantees  and  pur- 
chasers (hereinafter  named)  their  heirs  and  assignes  forever. 
And  this  Assembly  for  themselves  and  their  successors  have 
given  and  granted,  and  doe  hereby  give,  grant  and  confirme 
unto  the  said  purchasers  and  proprietors  of  the  said  tract  of 
land  hereafter  named,  that  is  to  say,  to  the  heirs  of  Samuel 
Mason,  John  Burchard  sen"",  John  Burchard  jun'",  Jabez  Hide, 
John  Stanton,  Benjamin  Bruster,  Joseph  Parsons,  Daniel  Clark 
sen"",  John  Brown,  John  Morgan,  Sam"  Fitch,  John  Mason, 
John  Calkin,  John  Baldwin,  Sam"  Huntington,  Joseph  Brad- 
ford, Exercise  Connant,  John  Avery,  John  Burroughs,  Nathan" 
Fitch,  Joseph  Fitch,  George  Webster,  Edward  Culver,  James 
Dean,  Richard  Bushnell,  Thomas  Adgate,  the  heirs  of  Dan" 
Mason,  Hezekiah  Mason,  James  Buttolph,  Jedidiah  Strong, 
Thomas  Hunt,  Caleb  Chappel,  William  Clark,  John  Woodward 
junf,  John  Dewey,  Micha  Mudge,  Josiah  Dewey  sen"-,  Nathan" 
Dewey,  John  Woodward  sen"",  Richard  Lyman  sen"",  Samuel 
Hutchinson,  Joseph  Marsh,  Joseph  Thomas,  John  Webster,  Jo- 


1705.]  OP    CONNECTICUT.  515 

sepli  Piimery,  Josiah  Dewey  jiiii'",  John  Gillctt,  Thomas  Root, 
Stephen  Lee,  John  Hutchinson,  and  Joseph  Burchard,  (in  their 
actnall  full  and  peaceable  seizin  and  possession  being)  and  to 
their  heirs  and  assignes  forever,  all  that  the  said  tract  of  land  of 
five  miles  square  aforementioned,  be  the  same  more  or  lesse,  but- 
ted and  bounded  as  followeth,  that  is  to  say, — On  the  north  or 
northerly  with  a  line  drawne  and  running  from  a  certain  great 
white  oak  tree  (standing  or  that  is  supposed  to  stand  two  miles 
from  the  river  called  Willamantick  alias  Showtuckett,  and  in  the 
line  that  is  the  western  boundary  of  a  parcell  of  land  called 
Masons  and  Fitches  mile)  west  north-west  five  miles  to  a  great 
[485]  chestnutt  tree  marked,  standing  about  ||  halfe  a  mile 
westward  from  the  first  branch  of  the  ten  mile  brook ;  and  on 
the  west  or  westerly  with  a  line  drawn  and  running  from  the 
said  chestnut  tree  southwest  or  southwesterly  through  a  pond 
called  the  north  pond  to  two  litle  black  oak  trees  growing  out 
of  one  root,  standing  about  three  quarters  of  a  mile  from  the 
southwest  corner  of  the  said  pond  ;  and  on  the  east  or  easterly 
with  the  said  western  boundary  of  the  said  parcell  of  land  called 
Masons  and  Fitches  mile ;  and  on  the  south  or  southerly  with 
a  line  to  be  drawn  and  run  from  the  said  two  litle  black  oak 
trees  to  the  said  line  that  is  the  western  boundary  of  Masons 
and  Fitches  mile,  so  as  to  intersect  the  same  western  boundary 
at  the  distance  of  five  miles  (on  the  point  south  southwest)  from 
the  first  mentioned  great  white  oak  tree  at  the  north  east  corner. 
And  also  all  and  singular  the  rights,  priviledges,  hereditaments 
and  apurtennances  of  the  same  in  such  proportions,  divisions, 
and  distinct  proprieties,  as  they  the  said  grantees  and  propri- 
etors, their  heirs  or  assignes,  or  any  and  every  of  them,* have 
right  in,  and  doe  lawfully  hold,  and  are  possessed  of  the  same ; 
and  that  the  said  tract  of  land  of  five  miles  square  hereby 
granted  as  aforesaid  and  every  part  thereof  with  the  appurten- 
ances, shall  forever  hereafter  be  unto  the  heirs  of  the  said  Sam^' 
Mason,  John  Burchard,  John  Burchard,  Jabez  Hide,  John  Stan- 
ton, Beniamin  Brewster,  Joseph  Parsons,  Daniel  Gierke,  John 
Brown,  John  Morgan,  Sam"  Fitch,  John  Mason,  John  Calkin, 
John  Baldwin,  Sam"  Huntington,  Joseph  Bradford,  Exercise 
Connant,  John  Averye,  John  Burroughs,  Nathan"  Fitch,  Joseph 


616  PUBLIC  RECORDS  [May, 

Fitch,  George  Webster,  Edward  Culver,  James  Dean,  Richard 
Bushnel,  Thomas  Adgate,  the  heirs  of  Daniel  Mason,  Hezekiah 
Mason,  James  Buttolph,  Jedidiah  Strong,  Thomas  Hunt,  Caleb 
Chappel,  William  Clarke,  John  Woodward,  John  DcAvey,  Mi- 
chael Mudge,  Josiah  Dewey,  Nathaniel  Dewey,  John  Woodward, 
Richard  Lyman,  Samuel  Hutchison,  Joseph  Marsh,  Joseph 
Thomas,  John  Webster,  Joseph  Pomeric,  Josiah  Dewie,  John 
Gillett,  Thomas  Root,  Stephen  Lee,  John  Hiitchison,  and  Jo- 
seph Burchard,  and  to  their  heirs  and  assignes  a  good,  sure, 
perfect,  absolute  and  indefeizable  estate  of  inheritance  in  fee 
simple.  And  this  'Assembly  doth  order,  appoint  and  impower 
the  surveyor  of  the  Countie  of  Newlondo  with  Deacon  John 
Plumb,  at  the  proper  cost  and  charge  of  the  said  grantees  to 
survey,  settle  and  fixe  the  lines  that  are  to  be  the  south  or 
southerly,  and  east  or  easterly  boundaries  of  the  said  tract  of 
land  hereinbefore  granted  as  is  before  expressed,  and  to  erect 
and  make  sufficient  monuments  and  boundmarks  therein,  and 
to  make  their  report  to  this  Court  in  October  next.  Alway 
provided  that  this  act  shall  not  preiudice  the  right  or  interest 
of  any  other  persons  then  those  abovenamed  in  the  land  herein 
mentioned,  but  the  same  shall  be  saved  to  them  this  act  not- 
withstanding. 

This  Court  grants  liberty  and  full  power  to  Samuel  Benton 
of  Hartford,  administrator  on  the  estate  of  Andrew  Benton  late 
of  Hartford  dec^,  to  sell  the  house  and  homelot  of  the  said  An- 
drew Benton  lying  and  being  in  the  said  Hartford,  for  the  pay- 
ment of  the  debts  due  from  the  said  Andrews  estate  to  the 
creditors  thereof,  and  to  give  sufficient  deeds  for  the  same,  he 
the  said  Samuel  giviiig  account  thereof  to  the  Court  of  probates. 
[486]  This  Court  grants  full  power  to  Joseph  North  of  the 
town  of  Farmington,  administrator  to  the  estate  of  Sampson 
negro,  to  sell  the  land  of  said  Sampson  for  the  payment  of  his 
just  debts,  and  the  remainder  or  overplus  of  what  the  land  is 
sold  for  to  be  returned  to  the  select-men  of  Farmington  by 
them  to  be  disposed  of  for  the  benefitt  of  the  widdow  and 
children. 

This  Court  doth  appoint  Capt.  Mathew  Allin  and  James  Enos 
jun"",  to  lay  out  one  hundred  and  twentie  acres  of  land  formerly 
granted  to  M""  John  Porter,  May  14th,  1704. 


1705.]  OP    CONNECTICUT.  517 

Capt.  Samuel  Eels  and  Serjt  Edward  Camp  being  chosen  by 
the  proprietors  of  Newmilford,  are  added  to  the  former  comittee 
appointed  by  this  Court  for  the  regulation  of  the  said  towne. 

Whereas  Keepaquam  with  other  Indians  made  their  applica- 
tion to  this  Court  for  the  quiet  possession  and  improvement  of 
fortie  acres  of  land  at  a  place  called  Pattacunk,  which  they 
at!irme  to  be  the  antient  right  of  themselves  and  their  ancestors 
before  them,  and  in  the  deeds  of  their  land  there  reserved  by 
them,  in  the  possession  and  improvement  whereof  they  meet 
with  opposition  from  the  inhabitants  of  Saybrook  :  the  hearing 
thereof  is  deferred  untill  the  Generall  Court  in  October  next, 
and  a'copie  of  this  Court  act  being  left  with  the  select-men  of 
the  towne  of  Saybrook  so  many  dayes  before  the  sitting  of  the 
Court  as  the  lawe  directs,  shall  be  sufficient  notice  to  the  in- 
habitants of  said  Saybrook  there  to  appear  and  answer  to  the 
complaint  of  said  Indians. 

This  Court  grants  that  the  towne  of  Mansfield  shall  be  allowed 
their  countrie  rates  for  two  years  next  coming. 

Capt.  Abraham  Phelps  is  by  this  Assembly  upon  his  request 
and  in  consideration  of  bodily  infirmitie  discharged  from  his 
place  of  Captain  in  the  town  of  Windzor. 

Ordered  by  this  Assembly,  that  about  ten  English  and  twentie 
friend  Indians  be  speedily  prepared  to  joyn  with  the  Massachu- 
sett  forces  to  march  to  Coassett,  and  the  same  incouragement 
to  be  allowed  them  as  formerly;  and  the  appointment  and 
comissionating  of  officers  is  left  to  the  Governour  and  Councill. 

JM""  Richard  Sackett  of  the  Province  of  Newyork  petitioned 
this  Assembly  for  full  libertie  for  himselfe  and  his  assignes  to 
gett  and  transport  all  such  timber  of  pine,  spruce,  and  what- 
ever growing  within  this  Colonic  that  might  be  of  use  for  the 
furnishing  of  her  Maiesties  navie,  and  that  he  might  have  a  pat- 
tent  for  the  same.  The  consideration  of  his  petition  is  referred 
to  the  Generall  Assembly  to  be  holden  at  Newhaven  in  October 
next. 

Cost  allowed  to  Doctor  Thomas  Hooker  for  his  attendance 
at  this  Court  upon  the  citation  of  M""  Bevil  "Waters  is  fifteen 
shillings  in  pay  and  eight  pence  in  money. 

Cost  allowed  to  the  select  men  of  the  towne  of  Wethersfield 


.  5iy  PUBLIC  RECORDS  [May, 

for  their  attendance  at  this  Court  upon  the  citation  of  M""  Na- 
than'' Hooker  is  twelve  shillings  in  pay. 

M""  Stephen  Chester  lately  deceased  being  considerably  in- 
debted at  the  time  of  his  decease,  and  there  not  being  assets 
[487]  II  for  the  paying  of  debts  due  from  the  estate  of  said  Ste- 
phen Chester,  this  Assembly  are  desired  to  impower  such  per- 
son or  persons  as  they  shall  see  meet  to  make  sale  of  so  much 
of  the  reall  estate  of  said  Stephen  Chester  as  may  be  sufficient 
to  make  such  payments  as  are  due  from  said  estate  and  the 
assetts  will  not  answer.  John  Chester. 

This  Assembly  doth  appoint  and  impower  Maj^  John  Chester 
and  his  brother  M""  Thomas  Chester,  or  either  of  them,  to  make 
sale  of  the  said  lands  of  their  vncle  M""  Stephen  Chester  deceased 
in  maner  as  above  exprest. 

This  Assembly  grants  to  M""  John  Eliot,  Speaker,  fortie  shil- 
lings in  pay  for  his  conduct  this  session,  and  Eleazar  Stent  for 
his  Clerkship  this  sessions  thirtie  shillings  in  pay. 

Capt.  Willia  Ely  and  L*  Wakeman  went  home  without  leave 
from  the  House  of  Representatives.  M""  Eliot  recieved  sixe 
shillings  cash  at  ten  shillings  pay,  and  Eleaz""  Stent  sixe  shil- 
lings cash  at  the  same  valine  in  pay. 

This  Assembly  appoints  a  religious  fast  to  be  observed 
throughout  this  Colonic  on  the  second  Wedensday  in  June 
next  ensuing.  A  bill  for  the  fast  was  read  and  approved  in 
Court. 


Acts  passed  at  a  Generall  Assembly  holden  at  Newhaven, 

OCTOBR  THE  ll"i,  1705,  ENDED  THE  IQ^h  DAY  OF  THE 
SAME  MONTH. 

Pei'sons  no7ninated  for  Election  to  the  place  of  Assistants  in  this 
Goverment  hi  May  next  are : 
Maji"  Generall  Fitz  John  Winthrop  Esq"",  Colon^^  Robert 
Treat  Esq^,  Major  James  Fitch,  Capt.  Daniel  Wetherel,  Na- 
thaniel Stanly  Esq"",  John  Hamlin  Esq"",  Capt.  Nathan  Gold, 
William  Pitkin  Esq"",  Joseph  Curtis  Esq^,  Maj""  John  Chester, 
Richard  Cristophers  Esq"",  Josiah  Rossiter  Esq^,  Peter  Burr 
Esq"",  John  Ailing  Esq"",  John  Hains  Esq"",  Eleazar  Kimberly, 
Capt.  Abraham  Fowler,  M""  Jeremiah  Osborn,  M^"  John  Eliot, 
Capt.  Samuel  Eels. 


1705.]  OP    CONNECTICUT.  519 

This  Assembly  grants  a  rate  of  five  pence  upon  the  pound 
of  all  the  rateable  estate  in  this  Colonie,  to  be  paid  in  winter 
wheat  at  five  shillings  and  sixe  pence  p""  bushell,  rye  at  three 
shillings  and  sixe  pence  pi"  bushell,  Indian  corn  at  three  shil- 
lings p""  bushel,  porke  at  three  pounds  fifteen  shillings  p""  bar- 
rell,  beef  at  fortie  shillings  per  barrell.  All  the  grain  to  be 
good  and  merchantable,  the  porke  and  beef  in  good  new  tight 
cask,  full  gage,  well  repackt  by  a  sworn  packer  and  marked 
with  his  mark.  But  if  any  will  pay  money  it  shall  be  accepted 
at  two  thirds. 

It  is  ordered  and  enacted  by  this  Assembly :  That  for  the 
future  all  barrells  made  for  tarr  and  cyder  shall  be  of  the  same 
gage  as  pork  and  beeff"  barrels,  viz'  thirtie  one  gallons  and  a 
halfe,  any  former  lawe,  usage  or  custome  to  the  contrary  not- 
[488]  withstanding.  ||  And  whosoever  shall  put  to  sale  any 
barells  made  for  tarr  or  cyder  not  being  of  the  same  assize 
with  pork  and  beef  barrells,  tiz.  of  the  assize  of  thirtie  one 
gallons  and  a  halfe,  shall  suffer  the  penaltie  of  the  lawe  pro- 
vided in  case  of  caske  defective  in  assize  in  page  the  14^'^  of 
the  printed  lawe,  title  Assize  of  Cask. 

It  is  ordered  and  enacted  by  this  Assembly :  That  the  con- 
stables in  the  severall  townes  in  this  Colonie,  where  there  is  any 
bisket  belonging  to  the  Colonie  shall  (with  the  advice  of  the 
next  authoritie)  make  sale  of  the  same  to  the  best  advantage 
they  can,  and  be  accountable  for  the  same  to  the  Treasurer. 

It  is  ordered  and  enacted  by  this  Court :  That  the  brand  for 
horses  in  the  towne  of  Groton  shall  be  the  following  figure, 
vizt  2. 

Ordered  and  enacted  by  this  Assembly:  That  the  Councill 
in  the  intervale  of  the  Courts  shall  consist  of  seven,  viz''  the 
Govern''  or  Deputy  Govern''  and  sixe  Assistants,  and  in  case  of 
their  absence  the  number  to  be  made  up  of  able,  judicious  free- 
men, who  shall  have  the  same  power  as  given  them  by  the 
Generall  Court  in  May  last ;  but  if  it  so  happen  that  the  Gov- 
ernour  and  Company  be  cited  to  attend  the  Court  of  Enquirie, 
then  they  to  comissionate  such  persons  to  represent  the  Colo- 
nic at  said  Court  as  they  shall  see  cause. 
.    This  Assembly  doth  desire  the  Honi^i  the  Govern'"  with  Capt. 


520  PUBLIC    RECORDS  [Oct- 

Nathan  Gold,  M''  Peter  Burr,  the  Ilever<J  M""  Timothie  Wood- 
bridge,  M""  James  Pierpoint,  Capt.  Cjprian  Nichols,  Capt.  Abra- 
ham Fowler,  and  the  Secretary,  to  be  a  comittee  in  behalfe  of 
this  goverment,  to  consider  of  the  complaints  laid  against  this 
Colonic  in  England,*  and  to  furnish  our  agent  in  England  with 
what  directions  or  informations  they  can,  in  order  to  answer 
said  complaints,  his  Hour  with  any  five  of  them  to  be  capable 
of  acting  in  said  affair.  And  whereas  sundry  complaints  are 
made  that  Owaneco  and  the  Indians  are  wronged  in  the  matter 
of  their  rights  in  land  said  to  be  took  from  them  by  this  gover- 
ment, or  by  some  perticular  persons,  therefore  this  Assembly 
doe  desire  and  appoint  said  worthy  gentlmen  named  to  inquire 
into  said  supposed  wrongs  done,  and  make  report  of  what  they 
find  unto  this  Assembly  at  their  next  sessions.  And  it  is  pro- 
vided that  if  any  of  the  abovesaid  gentlmen  should  not  attend 
the  worke  abovesaid,  then  it  shall  be  in  the  power  of  the  Gov- 
ern'' and  the  rest  of  the  gentlmen  present  with  him,  to  call  in 
so  many  other  suitable  persons  to  act  with  them  in  the  room 
of  those  that  are  absent.  And  the  said  gentlmen  are  also  de- 
sired to  send  to  our  agent  what  information  may  be  necessary 
concerning  the  Court  of  Inquirie  at  Stoningto. 

[489]  Present  at  this  Court : 

Majr  GenrH  Fitz  John  Winthrop  Esq"*,  Govern^ 
Colon"  Robert  Treat  Esq"",  Deputy  Govern^. 

Assistants  present : 
Nathan"  Stanly,  "^  John  Chester,       ^ 

John  Hamlin,       I  Josiah  Rossiter,     j 

Nathan  Gold,       l^Esqi's.         Peter  Burr,  i'Esqf 

William  Pitkin,  John  Ailing, 

Joseph  Curtis,    ) 

Deputies  present : 
For  Newhaven,  M""  Jerem^^  Osborn,  M""  Joseph  Moss. 
For  Windzor,  Capt.  Mathew  Allin. 

*  Copies  of  the  "  Charges  against  the  proceeding  of  the  Charter  Government  of 
Connecticut,"  are  in  For.  Corresp.  I,  116,  Id.  II.  89.  See  Trumbull's  History,  Book 
I,  Cap.  XVII.  Bartlett's  Rhode  Island  Col.  Records,  iii.  544.  Documents  relating  to 
the  Colonial  History  of  N.  Y.,  IV,  V. 


1705.] 


OP    CONNECTICUT. 


521 


For  Hartford,  Capt.  Cyprian  Nichols,  Capt.  Joseph  Wadsworth. 

For  N.  London,  M"-  Nehem^ , Smith,  M"-  Will  Douglas. 

For  Fairfield,  Capt.  John  Wakeman,  M""  John  Burr. 

For  Milford,  Capt.  Sani^^  Eels,  M"-  Zechariah  Baldwin. 

For  Stratford,  Capt.  James  Judson,  Lieu*  Jn"  Hawly. 

For  Branford,  M'-  Will  Malbye,  Capt.  Eleazar  Stent.*" 

For  Kilinsworth,  M^  Jn^  Crane. 

For  Haddum,  M""  Dan'i  Brainard. 

For  Gilford,  Capt.  Abraha  Fowler,  Serj'  Joseph  Dudley. 

For  AVallingford,  Capt.  Sam^^  Hall,  Serj*^  John  Merima. 

For  Lyme,  Ens.  Joseph  Peck. 

For  Glassenbury,  Capt.  Sam^^  Wells,  Lieu*  Sam^i  Hale. 

For  Saybrook,  M--  Nathan^^  Lynde,  M''  Nathan'i  Chapman. 

For  Symsbury,  Capt.  John  Higly. 

For  Windham,  M'"  Joseph  Cary. 

For  Stonington,  Capt.Nathan^i  Cheesbrook,  Serj*  Elnath.  Minor. 

For  Midltown,  Capt.  Nathan^i  White,  Mr  Sam^i  Bidwell. 

For  Norwalk,  M^  Thomas  Betts,  M^  Sam"  Hanford. 

For  Lebanon,  M""  Sam''  Huntington. 

For  Norwich,  L*  Solomo  Tracy,  M^  Joseph  Baccus. 

For  Preston,  M'  Caleb  Fobes,  M""  Dan^i  Bruster. 

For  Farmingto,  Capt.  Thomas  Hart,f  M^"  John  Hooker. 

For  Wethersfield,  Capt.  Rob^  Wells,  Capt.  Tho.  Wells. 

For  Woodbury,  Capt.  John  Minor,  M^  John  Sherman. 

For  Waterbury,  M""  Thomas  Jud,  Thomas  Jud. 

For  Stanford,  Lieu^  David  Waterbury. 

List  of  estates  and  persons  exhibited  in  this  Assemlly : 


Us. 

Persons. 

Us.        Persons. 

Hartford, 

20010 

313 

Wallingford, 

06868 

100 

Newhaven, 

18528 

276 

Fairfield, 

12841 

175 

Newlondon, 

08769 

217 

Branford, 

06207 

082 

Groton, 

05259 

120 

Killins  worth, 

03375 

060 

Stonington, 

06821 

119 

Woodbury, 

03492 

084 

Windzor, 

15576 

300 

Gilford, 

10031 

160 

Farmington, 

08273 

127 

Lebanon, 

03736 

090 

Norwalk, 

07143 

100 

East  Haddvi, 

02716 

067 

Danbury, 

02673 

061 

West  Haddri, 

02272 

045 

Windham, 

02583 

056 

Darby, 

02749 

065 

*  Clerk. 

t  Speaker. 

66 

522 


PUBLIC    RECORDS 


[Oct. 


Midltown, 

08417 

197 

Milford, 

12028 

152 

Glassenbury, 

03092 

070 

Waterbury, 

02047 

052 

Norwich, 

08243 

163 

Wethersfield, 

13534 

200 

Symsbiiiy, 

03776 

076 

Stanford, 

07676 

100 

Stratford, 

12423 

130 

Greenwich, 

04246 

064 

Lyme, 

06602 

110 

Saybrook, 

06850 

109 

Preston, 

03644 

069 

At  the  Gen^ii  Assembly  in  May,  added  to  Haddum  list  by 
Georg  Cone,  Will  Spencer,  listers,  sixtie  eight  11^  Added  to 
Stratford  list  by  John  Coe  and  Benja"  Cnrtis,  listers,  three 
hundred  and  seventie  two  pounds  16s.  To  Fairfield  list  by 
Peter  Burr,  Richard  Hubbel,  and  Jn"  Barlow,  listers,  fifteen 
hundred  seventie  eight  pound  nineteen  shillings.  To  Haddum 
on  the  east  side  of  the  river  68''s.  May  15,  1706,  added  to 
Newhaven  list  six  hundred  pound,  Nathan^i  Mix  lister.  To 
Windzor  list  77611^. 

[490]  This  Assembly  doth  allow  to  the  Govern'-^  Hon""  one 
hundred  and  twentie  pounds  for  his  sallerie  this  year. 

This  Assembly  doth  allow  to  the  Deputy  Govern «"  fiftie  pounds 
for  his  sallerie  this  year. 

This  Assembly  doth  allow  to  the  Treasurer  five  and  fortio 
pounds  for  his  sallerie  this  year. 

This  Assembly  doth  allow  to  the  Colonic  Sherriff  eight  pounds 
for  his  sallerie  this  year. 

This  Court  doe  appoint  Capt,  Joseph  Whiting  and  Capt. 
Cyprian  Nichols  to  give  bond  to  Capt.  Sewall  for  the  paym^  of 
one  hundred  and  fortie  pounds  cash  borrowed  for  the  Colonies 
use. 

This  Assembly  doth  allow  to  Capt.  Thomas  Hart,  Speaker, 
thirtie  shillings  for  his  conduct  this  sessions,  and  unto  New- 
haven  Countie  sfierriff  four  shillings  p""  day  for  his  attendance 
this  sessions. 

Ensign  Joseph  Peck  is  appointed  by  this  Assembly  to  make 
sale  of  two  and  twentie  cattle  that  belong  to  the  Colonie,  which 
cattel  are  at  Lyme,  and  make  return  of  what  they  are  sold  for 
to  the  Treasurer  or  his  order  for  the  use  of  the  Colonie. 

The  constable  of  Saybrook  is  appointed  to  sell  eight  cattel 
which  be  at  Saybrook  and  belong  to  this  Colonie,  and  to  return 
the  money  they  are  sold  for  to  the  Treasurer  or  his  order  for 
the  use  of  the  Colonie. 


1705.  J  OP    CONNECTICUT.  523 

Capt.  Abraham  Fowler  is  appointed  to  sell  three  cattel  which 
belong  to  this  Colonie  whicli  cattel  are  at  Gilford,  and  make 
return  of  what  are  sold  for  to  the  Treasurer  or  his  order  for  the 
Colonies  use. 

This  Assembly  doth  impower  the  countie  court  in  the  coun- 
tie  of  Newhaven  to  levie  a  rate  of  halfe  a  farthing  upon  the 
pound  of  all  the  rateable  estate  in  the  countie  of  Newhaven,  to 
be  levied  upon  the  inhabitants  according  to  their  estates  and  in 
proportion  thereunto. 

This  Assembly  doth  order  and  impower  the  Treasurer  to  give 
order  to  the  severall  constables  to  secure  the  money  that  shall 
*be  paid  in  the  Colonie,  and  forthwith  order  it  to  pay  the  money_ 
debts,  and  also  to  use  his  best  discretion  in  selling  so  much  of 
the  produce  of  the  countrie  rate  as  shall  still  be  nccdfull  for 
silver  money  as  soon  as  may  be,  and  forthwith  order  it  to  pay 
the  money  debts  aforesaid,  that  is  to  say,  the  money  debt  due 
to  our  agent,  and  such  money  debts  as  are  due  to  any  person 
or  persons  for  money  taken  up  upon  interest  for  the  Colonies 
use. 

Whereas  the  selectmen  of  the  towne  of  Suffield  in  the  Prov- 
ince ot  the  Massachusett  Bay  have  demanded  of  severall  of  the 
inhabitants  of  Symsbury  to  give  in  to  them  their  lists  of  estates 
with  intent  to  levie  rates  upon  them:  this  Assembly  doth  here- 
by order,  that  if  the  said  townsmen  or  any  other  Suffield  men 
[491]  shall  demand  rates  of  any  of  the  inhabitants  of  ||  Syms- 
bury they  shall  not  yield  to  pay  any  rates  to  them,  but  are 
hereby  forbidden  so  to  doe ;  and  in  case  they  shall  presume  to 
distrain  on  any  of  said  inhabitants  for  the  same,  the  authoritie 
in  Symsbury,  or  the  next  neighbouring  townes,  are  hereby 
ordered  to  grant  a  warrant  for  arresting  them,  in  order  to  bring 
them  to  a  triall  for  the  said  offence. 

By  the  Governour,  Councill  and  Representatives,  in  Generall 
Court  assembled.  An  Act  or  Order  for  incouragement  of  ob- 
teining  Masts  and  other  Navall  Stores  within  this  her  Majesties 
Colonie  of  Connecticut. 

Whereas  by  an  Act  of  Parliament  our  soveraign  Lady  Queen 
Ann  hath  been  graciously  pleased  to  direct  and  incourage  her 
good  subiectsin  forreign  plantations  in  advancing  or  procuring 


524  PUBLIC    RECORDS  [Oct. 

masts,  and  other  navall  stores  for  the  supply  of  her  fleet  and 
other  shipping  of  the  nation :  the  Govern''  and  Company  afore- 
said, that  they  might  manifest  their  dutifull  regard  to  her 
Majestic  and  studious  care  of  her  Majesties  and  the  nations 
interest,  and  having  been  informed  that  there  may  be  a  con- 
siderable quantitie  of  good  and  large  masts  obteined  within  the 
limits  of  the  Colonic,  have  thought  fitt  to  authorize  and  grant 
full  libertic  and  power  to  sundry  principall  gentlmcn  in  this 
and  the  neighbouring  goverments  to  undertake  the  mannage- 
ment  of  that  affair, — and  therefore  doe  nominate,  appoint,  and 
grant  full  power  and  free  libertic  to  Maj""  Gencrall  Wait  Win- 
throp,  Capt.  John  Hamlin,  Capt.  Nathan  Gold,  William  Pitkin,* 
Caleb  Hethcutt,  Thomas  Wenham,  James  Judzon,  Thomas 
Hart,  Robert  Wells,  John  Higly,  Jeremiah  Osborn,  Sam^'  Eels, 
and  Jonath.  Sellick,  Esq^s^  Mathew  AUin,  Abraham  Fowler, 
Ricliard  Sackett,  and  Joseph  Hawly,  gentlmcn,  to  take  into 
partnership  with  themselves  such  other  gentlemen,  person  or 
persons,  as  they  or  the  maj'"  part  of  them  shall  find  necdfuU  or 
proper,  not  exceeding  the  number  of  thirtie,  the  maj""  part  of 
the  whole  number  in  partnership  or  their  assignes  alwaycs  being 
freeholders  and  inhabitants  within  this  Colonie.  And  the  maj'" 
part  of  all  such  as  are  or  shall  be  partners  in  said  affair,  or 
their  respective  atturnies  or  lawfuU  substitutes,  such  atturnies 
or  substitutes  to  be  freeholders  as  aforesaid,  are  hereby  im- 
powered  to  order,  rule,  and  dispose  in  said  affair  from  time  to 
time,  and  at  all  times  as  they  shall  judge  best  and  most  con- 
ducive to  advance  the  above  designe.  And  that  this  go  Ver- 
mont might  not  be  wanting  in  a  dutifull  service  of  her  Majestic 
lierein,  or  suffer  the  said  undertakers  and  partners  to  labour 
under  disadvantage  and  discouragement  in  so  great  and  lau- 
dable an  enterprize :  Be  it  enacted  by  the  Governour  and  Com- 
[492]  pany  of  the  said  Colonie  in  Generall  Court  ||  assembled, 
and  it  is  enacted,  ordeined  and  granted  by  the  authoritie  of 
the  same :  That  the  abovenamed  Wait  Winthrop,  John  Hamlin, 
Nathan  Gold,  William  Pitkin,  Caleb  Heathcoate,  Thomas  Wen- 
ham,  James  Judson,  Thomas  Hart,  Mathew  Allin,  John  Higly, 
Jeremiah  Osborn,  Samuel  Eels,  Jonathan  Sellick,  Robert  Wells, 
Abraham  Fowler,  Richard  Sackett,  Joseph  Htrwly,  together 


1705.]  OP    CONNECTICUT.  525 

with  such  other  persons  as  they  as  aforesaid  shall  take  into  part- 
nership with  them,  their  heirs,  lawfull  atturnies  or  assignes,  be 
and  hereby  are  impowered  from  time  to  time  and  at  all  times, 
to  accej)t,  acquire,  purchase  or  otherwise  lawfully  obtein,  such 
trees,  lands,  water-courses,  or  other  conveniences,  either  of  the 
natives  or  other  proprietors  within  the  limits  of  this  Colonic, 
and  the  same  to  enter  upon,  occupy  and  use,  as  may  best  of 
all  promote  the  said  affair,  and  for  their  proper  profitt,  benefitt 
and  behooff.  Always  provided,  and  it  is  hereby  reserved,  that 
after  the  expiration  of  sixe  years  from  and  after  the  first  of  Sep- 
tember next  ensuing  it  may  and  shall  be  lawfull,  and  in  the 
power  of  this  goverment,  in  case  the  abovementioned  grantees, 
their  heirs  or  assignes  as  aforesaid,  shall  not  make  such  im- 
provement of  the  grant  abovementioned,  as  to  lade  from  this 
Colonic  some  ship  or  ships  with  masts  and  navall  stores  fitt  for 
her  Majesties  service,  or  other  ships  in  England,  the  masting 
whereof  is  necessary  to  be  imported  into  tlie  said  kingdome 
from  forreign  parts,  that  then  this  act  and  all  the  grants  therein 
conteined  shall  be  utterly  void.  It  is  further  also  provided  and 
reserved,  that  no  lands  by  virtue  of  this  act  shall  be  impropri- 
ated but  such  as  may  by  this  Court  be  judged  needfull  for  the 
promoting  of  the  aforementioned  designe,  nor  any  longer  then 
said  design  shall  be  carryed  on.  And  further  that  it  may  and 
shall  be  lawfull  for  any  of  the  inhabitants  within  this  Colonic 
to  make  use  of  or  cut  any  trees  they  may  have  ocasion  for  within 
any  of  the  lands  allowed  to  be  purchased,  so.farr  as  may  be  need- 
full  for  masts  or  any  other  use  for  their  perticular  concerns, 
anything  in  this  act  to  the  contrary  notwithstanding. 

Whereas  a  Pattacunck  Indian  named  Kepaquam,  a  relation 
of  Taermuggus  dec'',  hath  formerly  petitioned  the  Generall 
Court  of  this  Colonic  that  he  with  the  rest  of  the  successors  of 
said  Taermuggus  may  be  quietly  possessed  of  that  fortie  acres 
of  land  at  Pattacunck  that  the  said  Taermuggus  reserved  in 
the  deed  given  by  him  to  M""  Samuel  Willis  and  M'"  Mathew 
AUin  for  the  township  of  Haddum,  which  land  by  the  order  of 
[493]  the  Generall  Court  is  ||  now  within  the  bounds  of  Say- 
brook  by  an  addition  of  some  miles  to  Saybrook  bounds ;  and 
it  appearing  to  the  Generall  Court  upon  the  said  Kepaquams 


526  PUBLIC    RECORDS  [Oct. 

petition  that  such  a  qiiantitie  of  land  was  reserv^ed  as  above- 
said,  the  Court  did  thereupon  recomend  it  to  the  towne  of 
Saybrook  to  lay  out  the  said  fortie  acres  to  the  abovesaid  In- 
dians, or  make  them  satisfaction  for  the  same  ;  but  nothing- 
having  been  done  by  said  towne  therein,  the  said  Kepaquam 
doth  now  again  apply  himselfe  to  this  Court  in  the  aforesaid 
matter,  and  the  Court  having  considered  thereof  and  what  the 
representatives  of  Saybrook  have  offered  therein,  doe  therefore 
order  that  the  said  Indian  shall  have  liberty  of  processe  in  the 
coiTion  course  of  la  we  at  the  cost  of  the  Colonic,  at  the  Countie 
Court  to  be  held  in  Newlondon,  and  that  the  said  Court  shall 
assign  liim  a  councill  or  atturney  to  maiiage  his  case  from 
court  to  court  at  the  s'i  Colonies  charge  untill  the  case  be  issued. 
And  it  is  provided  that  if  it  happen  that  the  Indian  in  the  issue 
of  the  case  doe  recover  judgment  against  the  towne  of  Say- 
brook, then  said  towne  to  pay  the  charges  according  to  lawe, 
which  charges  shall  be  secured  for  the  use  of  the  Colonic. 

Whereas  there  are  some  persons,  namely  William  Janes  and 
Samuel  Hawly  jun^,  of  Stratford,  and  Justis  Bush  of  Newyork, 
who  have  contrary  to  the  lawes  of  this  Colonic  lately  purchased 
of  the  Indians  some  thousands  of  acres  of  land  lying  on  the 
west  side  of  Stratford  River,  as  appears  by  a  deed  of  said  pur- 
chase now  in  the  hands  of  the  Court :  this  Court  doth  recom- 
mend it  to  the  civill  authoritie  in  the  countie  of  Fairfield,  to 
take  care  that  the  said  offenders  may  be  prosecuted  at  the  next 
countie  court  to  be  holden  within  the  said  countie,  in  due  forme 
of  lawe  for  their  illegall  purchase  of  lands  as  aforesaid,  and  doe 
order  that  a  copie  of  the  said  deed  be  transmitted  to  the  said 
countie  court,  that  the  said  persons  may  be  thereby  convicted ; 
and  likewise  to  order  prosecution  of  any  other  persons  who 
shall  be  found  to  make  or  have  made  any  such  illegall  pur- 
chases of  land  in  said  countie. 

M'"  Sam'i  Woolcutt  is  appointed  to  be  Capt.  of  the  Troop  in 
the  countie  of  Hartford,  M''  James  Steel  to  be  their  Lieuten- 
nant,  and  M""  Joseph  Whiting  to  be  their  Ensign. 

And  Nathanii  Stephens  is  appointed  by  this  Assembly  to  be 
Lieutenant  of  the  trainband  at  the  eastern  bounds  of  Gilford, 
and  Stephen  Bishop  to  be  their  Ensign. 


1705.]  OP    CONNECTICUT.  527 

And  Lieut  Sami-  Cross  is  by  this  Assembly  appointed  Cap- 
tain of  the  trainband  on  the  north  side  of  the  riverett  in  Wind- 
zor,  and  Serjt  Nathan'^  Gaoler  to  be  their  Lieutennant. 

All  the  abovesaid  officers  are  to  be  comissioned  according  to 
la  we. 

This  Court  having  heard  and  considered  what  Capt.  Joseph 
"Whiting,  Treasurer,  hath  offered  concerning  a  judgment  of 
[494]  Court  |1  obteined  against  him  by  Sam^i  Steel  and  Wil- 
liam Goodwin,  constables  of  Hartford,  upon  an  arbitration 
bond  to  the  valine  of  twentie  pound,  doe  declare  that  the  said 
treasurer  shall  not  be  allowed  to  pay  the  said  money  out  of  the 
publick  treasurye  of  the  Colonic,  and  doe  order  that  execution 
shall  not  be  given  out  against  the  said  treasurer  upon  the  said 
judgmt,  untill  the  next  countie  court  at  Hartford,  who  are 
hereby  ordered  upon  the  application  of  the  said  treasurer  (he 
giving  signification  thereof  to  the  said  constables)  to  chancer 
the  said  bond. 

Sam' I  Heminway,  Thomas  Goodsell,  AUin  Ball,  John  Potter 
jun«",  John  Moltrop,  Samuel  Thomson,  and  Abraham  Heman- 
way,  presenting  a  petition  on  the  behalfe  of  the  inhabitants  or 
village  on  the  east  side  of  Newhaven  East  Eiver,  wherein  they 
pray  for  the  reestablishment  of  a  former  grant  made  by  the 
Generall  Court  to  them  in  May,  1680,  with  such  other  privi- 
ledges  as  this  Court  shall  see  meet:  This  Court  having  con- 
sidered their  petition,  doe  see  cause  to  reestablish  the  said 
former  grant  (excepting  their  freedome  from  countrie  rates 
for  three  years,  which  priviledge  they  have  formerly  enioyed) 
and  also  impower  them  from  time  to  time  to  make  rates  upon 
the  inhabitants  within  the  bounds  of  the  said  village  as  exprest 
and  stated  in  the  grant  of  Newhaven  December  29"',  1679,  for 
the  maintenance  of  their  minister  and  building  a  meeting- 
house, and  to  choose  collectors  for  collecting  said  rates,  and  a 
constable,  and  societie  recorder  to  record  the  orders  of  the  said 
village  respecting  the  ministrie  and  meeting  house. 

This  Assembly  remitts  to  the  inhabitants  of  East  Gilford 
halfe  their  rate  for  this  year,  but-it  is  hereby  intended  that  said 
halfe  rate  be  collected  and  expended  for  their  publick  benefit. 

The  inhabitants  of  Farmiiigton  at  their  town  meeting  Sep- 


528  PUBLIC    RECORDS.  [Oct. 

tcmber  the  28,  1705,  having  by  their  vote  manifested  their 
consent  that  so  many  of  their  inhabitants  that  doe  or  shall  per- 
sonally inhabit  at  the  place  called  the  Great  Swamp  and  upland 
belonging  thereunto,  and  in  the  division  of  land  on  the  east 
side  of  the  Blue  Mountains,  and  in  those  lotts  called  Bachellors 
Lotts,  and  so  much  of  the  division  of  land  against  Wethersfield 
as  shall  extend  northward  from  the  great  swamp  untill  it  shall 
include  the  lot  that  was  William  Juds,  and  no  more ;  so  many 
of  them  as  see  cause,  none  to  be  compelled,  that  they  become 
a  ministeriall  societie,  none  to  be  compelled,  when  they  doe  gain 
a  capable  minister  among  them,  and  continue  so  to  be  so  long 
as  they  shall  in  a  competently  constant  way  retain  such  a  min- 
ister among  them ;  and  when  and  so  long  as  they  shall  so  doe, 
themselves  and  what  estate  they  have  there  shall  be  freed  from 
the  charge  of  the  ministrie  elsewhere.  Alwayes  provided  that 
they  shall  for  their  own  proportion  of  labour  in  the  highwayes 
make  and  maintain  the  passages  and  highwayes  they  have  oca- 
[495]  sion  for  there  amongst  themselves  ||  without  involving 
the  towne  in  generall  therewith,  as  also  that  they  shall  at  no 
time  endevour  to  surprize  their  neighbours  by  indevouring  to 
obtein  of  the  Generall  Court  other  advantages  wherein  the 
towne  in  generall  may  be  concerned,  without  first  acquainting 
the  towne  therewith,  nor  claim  or  challenge  any  interest  within 
our  sequestred  land  for  the  maintenance  of  the  ministrie  there. 

Certain  persons  inhabitants  of  Farmington,  petitioning  for 
the  grant  of  a  distinct  societie  at  the  said  place  comonly  called 
the  Great  Swamp,  and  that  the  bounds  thereof  might  be  stated: 
this  Assembly  grants  their  petition  so  farre  as  the  town  of  Far- 
mington have  granted  to  the  petitioners.* 
A  Survey  of  the  dividing  line  between  Haddum  and  Durham. 

On  the  12'h  day  of  September,  1705,  by  the  desire  of  comit- 
tees  appointed  for  that  purpose  by  the  townes  of  Haddum  and 
Kilinsworth,  I,  Caleb  Stanly,  surveyor  of  lands,  run  and  meas- 
ured (in  the  line  that  is  the  boundary  between  the  townes  of 
Midltown  and  Haddum)  from  Connecticut  River  west  (by  the 
needle  of  the  surveying  instrument)  sixe  miles  to  a  small  wal- 
nutt  tree  marked,  nigh  to  which  is  a  great  white  oake  tree 
markt  with  divers  letters.  Then  from  the  said  walnut  tree  I 
run  a  line  south  38  degrees  easterly  (nearest  paralell  to  the 
generall  run  or  course  of  Connecticutt  River,  through  the  town 

*  Eccl.  I,  58,  59.  This  society,  to  wliicli  some  addition  had  been  made  from  the 
towns  of  Wethersfield  and  Middletown,  was  called  Kensington  in  May;  1722.  It  com- 
prised within  its  limits  the  present  towns  of  Berlin  and  New  Britain. 


1705.]  OF    CONNECTICUT.  529 

of  fladdum)  to  a  red  oak  tree  markt  with  a  heap  of  stones 
about  it,  nigh  to  which  also  is  a  white  oak  tree  marked  with 
divers  letters,  which  said  rod  oak  tree  is,  or  sometime  formerly 
hath  been  supposed  to  be,  in  the  line  that  is  the  soutli  boundary 
of  Haddum,  at  tlie  distance  of  sixe  miles  west  from  Connecticut 
River,  and  in  said  line  I  marked  a  range  of  trees.  The  which 
line  so  run  and  marked  from  the  said  walnutt  tree  to  the  said 
red  oak  tree,  is  the  western  boundary  of  the  towne  of  Haddum, 
and  the  eastern  boundary  of  the  town  of  Durham. 

Tliis  Assembly  doth  allow  of  the  abovesaid  survey  and  order 
it  to  be  recorded. 

Whereas  the  Generall  Court  holden  May  the  8''',  1»j7o, 
granted  unto  M''  Stephen  Hart  one  hundred  and  tiftie  acres  of 
land  in  such  place  where  it  might  be  conveniently  found,  and 
the  said  tract  of  land  was  taken  up  at  or  near  Waterbury  which 
afterward  was  granted  to  be  a  township,  and  therefore  said  tract 
of  land  so  taken  up  was  relinquished,  and  sometime  after  said 
150  acres  of  land  was  taken  up  near  the  meeting  of  the  bounds 
of  Farmington,  Symsbury  and  Windzor,  which  tract  of  land  is 
found  to  be  interferhig  upon  some  of  said  bounds,  and  if  it  held 
is  like  to  be  matter  of  controversye,  and  therefore  the  heirs  of 
said  Stephen  Hart  doe  relinquish  both  the  tracts  of  land,  above- 
mentioned  :  in  consideration  whereof,  this  Court  doe  gran.t  unto 
the  heirs  of  said  Stephen  Hart  one  hundred  and  fiftie  acres  of 
land  in  some  convenient  place  where  it  may  be  taken  up  with- 
out preiudice  to  any  former  grant. 

This  Court  doth  grant  libertie  to  the  heirs  of  Mi"  Anthonie 
[196]  Howkins  to  take  up  three  hundred  acres  of  land  ||  granted 
by  the  Generall  Court  Octobr  S'',  1662,  and  Octob'-,  1668,  and 
in  May,  1671,  in  some  convenient  place  where  it  may  be  found 
without  being  preiudiciall  to  any  former  grant.  The  abovesaid 
land  was  granted  at  three  severall  Generall  Courts. 

Vpon  the  petition  of  Elizabeth  Olmstid,  widdow,  tliis  Assem- 
bly doth  declare  it  to  be  their  opinion  that  the  said  petitioner 
should  be  allowed  eighteen  months  libertie  from  the  time  of  the 
settlment  of  her  husbands  estate  by  the  court  of  probates,  for 
entring  of  her  appeal  from  the  said  court  to  the  Court  ot  Assist- 
ants, she  being  hindred  by  sicknesse  from  appealing  at  the  time 
of  said  settlm'  by  the  court  of  probates. 
67 


530  PUBLIC    RECORDS  [Oct. 

This  Assembly  upon  the  petition  of  Mary  Buckingham  of 
Milford,  widdow,  administratrix  to  the  estate  of  her  deceased 
husband,  grant  lier  liberty  to  confirme  the  sale  of  one  acre  and 
one  rood  of  outlaud,  to  the  sale  whereof  her  husband  in  his  life 
time  did  agree  and  was  paid  for  it,  but  gave  no  deed  thereof: 
this  Court  doth  hereby  impower  said  Mary  to  give  a  deed  of 
sale  for  the  same  to  the  purchaser. 

Vpon  the  request  of  Sarah  Smith,  late  wife  of  Robert  Hor- 
ton  deceased  and  administratrix  to  his  estate,  this  Assembly 
grants  her  full  power,  (with  the  consent  and  ajjprobation  of 
her  present  husband)  to  make  sale  of  that  part  of  her  said  late 
husbands  lands  which  was  assigned  to  her  for  her  dower  (by 
the  countie  court  in  Newhaven)  for  the  paiment  of  the  said 
Robert  Hortons  debts,  his  estate  being  nonsolvant. 

Cost  allowed  to  M''  William  Rawlison  for  his  attendance  at 
this  Court  upon  the  citation  of  M'^  Elisabeth  Nesbitt  is  seven- 
teen shillings  and  eight  pence  in  pay. 

Cost  allowed  to  Ensign  Joseph  Peck  for  his  attendance  at 
this  Court  upon  the  citation  of  Thomas  Andrews  of  Milford  is 
two  shillings  in  money  and  sixteen  shillings  in  pay. 

Cost  allowed  to  Lieu*  Thomas  Knowles  for  his  attendance 
at  this  Court  upon  the  citation  of  Isaac  Knell  is  nine  shillings 
and  sixe  pence  pay. 

This  Assembly  doth  allow  Serj'  John  Hawks  his  cattel  to  be 
taken  out  of  Waterbury  list,  and  to  be  free  from  countrie  rates 
this  year. 

A  writt  of  scire  facias  formerly  issued  forth  upon  the  prayer 
of  John  Wilson  of  the  towne  of  Rye  in  her  Majesties  Province 
of  Newyork,  in  the  right  of.  Marie  his  wife,  requiring  Sam^ 
Lyon  and  Joseph  Lyon  both  of  the  towne  of  Greenwich,  to  ap- 
pear at*  this  Court  to  give  reason  if  any  they  had  why  the  said 
John  and  Marie  Wilson  might  not  have  execution  upon  the 
lands  of  the  said  Samuel  and  Joseph  Lyon,  to  satisfye  a  judgm^ 
recovered  against  them  before  the  Generall  Assembly  holden 
at  "Hartford  May  13"%  1703,  was  served  upon  the  said  Lyons 
and  returned  to  this  Assembly,  but  the  said  Lyons  did  not 
appear;  wherefore  execution  is  issued  forth  upon  the  said 
judgment. 


1706.] 


OP    CONNECTICUT 


531 


[497]     Att  a  Generall  Assembly   holden  at   Hartford, 
May  the  9^^,  1706,  and  continued  by  severall  adjourn- 
ments TO  THE  seventeenth  DAY  OF  THE  SAME  MONTH. 

Att  this  Assembly, 
Maj''  Generall  Fitz  John  Winthrop  Esq'",  was  chosen  Govern- 
our  for  the  year  ensumg,  and  Coli  Robert  Treat  Esqf,  Deputy 
Govern"". 

The  persons  following  were  chosen  to  be  Assistants  for  the 
year  ensuing^  viz . 

Joseph  Curtis 
Maj"-  John  Chester, 
Richard  Cristophers, 
Josiah  Rossiter, 
Peter  Burr, 
John  Ailing. 


Majr  James  Fitch, 
Capt.Dan"Wetherell, 
Nathan'!  Stanly, 
John  Hamlin, 
Capt.  Nathan  Gold, 
William  Pitkin, 


/■Esqf 


)>Esqf 


) 


And  Capt.  Joseph  Whiting  was  chosen  Treasurer  for  ye  year 
ensuing.  ■ 

And  Eleazar  Kimberly  Secretary  for  the  year  ensuing. 

Persons  present  at  this  Assembly  and  sworn,  are  : 
Majf  Generall  Fitz  John  Winthrop  Esq'',  Governour. 
Coli  Robert  Treat  Esq"",  Deputy  Govern'". 
Maj'"  James  Fitch,       ^  Joseph  Curtis,  ^ 

Capt.  Dan^i  Wetherel,  I  Maj-"  John  Chester,     I 

Nathaniel  Stanly,         ^Assists  Richard  Cristophers,  V Assists 
John  Hamlin,  |  Josiah  Rossiter,  j 

William  Pitkin,  j  John  Ailing.  j 

Deputies  preseiit  are: 


Capt.  Cyprian  Nichols, 
Capt.  Aron  Cook, 
M"^  Jerem''  Osborn,f 
M""  Joseph  Moss, 
Capt.  John  Wakeman, 
M-"  John  Edwards, 
Lieu'  John  Hough, 
M""  John  Richards, 


Capt.  Tho.  Hart,* 
M'"  John  Hooker, 
Capt.  Nathii  White, 
Lieu'  Thomas  Ward, 
Capt.  Mathew  Allin, 
Capt.  Sam'i  Woolcutt, 
L'  James  Treat, 
L'  William  Warner, 


*  Speaker. 


t  Clerk. 


532 


PUBLIC     RECORDS 


[May, 


M''  Solomon  Tracy, 
M''  Joshua  Riplye, 
M''  Joseph  Minor, 
M>'  Gershom  Pahner, 
M""  Nathan"  Lynde, 
Capt.  John  Clark, 
M'-  John  Copp, 
M'"  Samuel  Keeler, 
Ens.  Tliomas  Tayler, 
M""  Josiah  Starre, 
Capt.  James  Morgan, 
M"-  Caleb  Fobes, 
Capt.  John  Parkes, 
M""  Andrew  Leyster, 
Lieut  Samuel  Hale, 
M'  John  Hubbard, 
M""  Thomas  Jud  jun"", 
M''  John  Sprague, 
M'"  John  Judson. 


Capt.  James  Judson, 
M'-  Benja"  Curtis, 
M^  Sam"  Buell, 
Ml"  John  Crane, 
M'-  Willi.-l  Malbie, 
M-  Nathan"  Foot, 
Capt.  Thomas  Yale, 
L*  John  Merriman, 
Capt.  Joiiath  Sellick, 
L^  David  Waterbury, 
M'  Daniel  Braynard, 
Capt.  John  Cliapman, 
Capt.  John  Higly, 
M'-  Nathan"  Holeomb, 
Capt.  Samuel  Eels, 
M'"  Jonathan  Lawes, 
Capt.  Abraham  Fowler, 
M""  James  Hooker, 
Capt.  William  Ely, 
Ens.  Joseph  Peck, 

Judges  mid  Justices. 

William  Pitkin  Escj''  is  by  this  Assembly  appointed  Judge 
of  the  Couhtie  Court  and  Court  of  Probates  in  the  Countie  of 
Hartford. 

John  Hains  Esq' ,  Ricliard  Loi'd  Gent.,  Lieu'  John  Tallcott, 
Capt.  Mathew  AUin,  Capt.  Thomas  Hart,  John  Hooker  Gent, 
and  Capt.  Robeit  Wells,  are  by  this  Assembly  appointed  to  be 
Justices  of  tiie  Peace  and  Quorum  in  the  said  Countie. 

And  M'  John  More,  Capt.  John  Higly,  Lieut  James  Treat, 
Eleazar  Kimberly,  Capt.  John  Chapman,  M''  Joshua  Riply, 
Capt.  Natlian"  White,  and  M'"  Tliomas  Jud  are  by  this  Assem- 
bly appointed  to  be  Justices  of  the  Peace  in  the  same  Countie. 
[498]  John  Ailing  Esq'  is  by  this  Assembly  appointed  to  be 
Judge  of  the  Countie  Court  and  Court  of  Probates  in  the 
Countie  of  Newhaven. 

M''  Jeremiah  Osborn,  M'"  William  Malbie,  Capt.  Samuel 
Eels,  Capt.  Abraham  Fowler,  M'"  Thomas  Clark,  Capt.  Nathan 
Andrews,  and  Maj''  Ebenezer  Johnson,  are  by  this  Assembly 


1706.]  OF    CONNECTICUT.  53B 

appointed  to  be  Justices  of  the  Peace  and  Quorum  in  the  Coun- 
tie  of  Newhaven. 

Capt.  Thomas  Yale,  M""  John  Hall,  M""  Jonath.  Law,  are 
appointed  by  this  Assembly  to  be  Justices  of  the  Peace  in  the 
same  Countie. 

Capt.  Daniel  Wetherel  is  by  this  Assembly  appointed  Judge 
of  the  Countie  Court  and  Court  of  Probates  in  the  Countie 
of  New  London. 

M""  Nehemiah  Palmer,  Capt.  Richard  Bushnell,  M^  Nehe- 
miah  Smith,  Capt.  William  Ely,  M"-  Nathaniel  Lynd,  and  M"" 
Daniel  Tayler,  are  by  this  Assembly  appointed  to  be  Justices 
of  the  Peace  and  Quorum  in  the  said  Countie. 

M--  Ephraim  Minor,  M--  Jonath.  Tracie,  M^-  Michael  Tainter, 
M""  Samuel  Buell,  and  Capt.  James  Morgan,  are  appointed  by 
this  Assembly  to  be  Justices  of  the  Peace  in  the  same  Countie. 

Capt.  Nathan  Gold  is  by  this  Assembly  appointed  to  be  Judge 
of  the  Countie  Court  and  Court  of  Probates  in  y^  Countie  of 
Fairfield. 

Capt.  John  Wakeman,  Capt.  Mathew  Sherwood,  Capt.  James 
Judson,  Capt.  Jonath.  Sellick,  Capt.  James  Olmstid,  Capt. 
John  Minor,  are  appointed  by  this  Assembly  to  be  Justices  of 
the  Peace  and  Quorum  in  the  said  Countie  of  Fairfield. 

Lieii*^  David  Waterbury,  Lieu*  Samuel  Peck,  Lieu*  James 
Bebee,  M''  Ebenezer  Meed,  and  M'"  John  Sherman,  are  by  this 
Assembly  appointed  to  be  Justices  of  the  Peace  in  the  same 
Countie. 

Nathan"  Hooker,  gent,  is  by  this  Assembly  appointed  Ensign 
of  the  trainband  under  the  comand  of  Capt.  Cook  in  Hartford, 
and  to  be  comissionated  accordingly. 

Lieu'  John  Chapman,  Thomas  Knowlton  and  Serjeant  Joshua 
Brainard  are  by  this  Assembly  appointed  to  be  military  officers 
in  Haddum  on  the  east  side  of  the  great  river  there ;  Lieu^  John 
Chapman  to  be  Captain  of  the  trainband  there,  Thomas  Knowl- 
ton to  be  Lieutennant,  and  Serj'  Joshua  Brainard  to  be  their 
ensign,  and  to  be  all  comissionated  accordingly. 

Nathaniel  Harrison  is  by  this  Assembly  appointed  to  be  Cajj- 
tain  of  the  trainband  in  the  towne  of  Branford,  and  to  be 
comissioned  accordingly. 


534  PUBLIC  RECORDS  [May, 

M""  John  Coe  is  by  this  Assembly  appointed  to  be  Lieutenant 
of  the  foot  company  in  the  towne  of  Stratford,  Serj'  Ebenezer 
Curtis  to  be  their  Ensign. 

Return  Strong  jun""  is  by  this  Assembly  appointed  to  be 
Quartermaster  of  the  troop  in  the  countie  of  Hartford  and  to 
be  comissionated  accordingly. 

M'"  Eichard  Lord,  Lieu'  John  Hall,  M'"  Richard  Cristophers, 
M""  Jonath.  Sellick,  and  M""  Joseph  Mosse,  are  by  this  Assembly 
appointed  to  be  Auditors  of  the  Colonic  accounts  in  October 
next. 

[499]  It  is  ordered  and  enacted  by  this  Assembly  :  That  the 
Councill  in  the  intervale  of  the  Generall  Court  shall  consist 
of  seven,  viz'  the  Govern'"  or  Deputy  Govern  •'  and  sixe  Assistants, 
and  in  case  of  their  absence  the  number  to  be  made  up  of  able, 
judicious  freemen,  who  shall  have  the  same  power  that  was 
given  y  by  the  Generall  Court  in  May,  1705  ;  but  if  it  so  happen 
that  the  Govern""  and  Company  be  cited  to  attend  the  Court 
of  Inquirie,  then  they  to  comissionate  such  persons  to  repre- 
sent the  Colonie  as  they  see  cause. 

This  Assembly  grants  a  rate  of  one  halfe  pennie  upon  the 
pound  currant  money  at  fifteen  pennie-weight,  to  be  levied  upon 
all  the  rateable  estate  in  this  Colonie  by  the  lists  of  estates  ex- 
hibited in  the  Generall  Assembly  in  October  last,  with  the  after 
additions ;  to  be  improved  for  the  payment  of  what  is  due  to  our 
agent,  and  discharging  such  money  debts  as  the  Colonie  hath 
contracted,  and  pay  use  for,  and  for  no  other  use ;  no  person 
to  be  exempted  from  paying  his  proportion  of  this  rate  accord- 
ing to  his  list  upon  pretence  of  the  Colonies  being  indebted  to 
him.  And  the  constables  in  the  severall  townes  in  this  Colonie 
are  hereby  required  forthwith  upon  sight  of  an  attested  copie 
hereof  under  the  hand  of  the  Secretary,  to  levie  the  same  and 
deliver  it  to  the  Treasurer  for  the  use  aforesaid,  the  debt  to  our 
agent  to  be  first  paid.  The  constables  to  make  up  their  ac- 
counts of  the  said  rate  with  the  treasurer  on  or  before  the 
twentie  fift  day  of  June  next  ensuing,  and  if  any  persons  neg- 
lect or  refuse  to  pay  their  proportions  of  said  rate,  the  respective 
constables  are  hereby  impowered  and  required  to  levie  the  same 
by  distresse,  as  the  lawe  directs  in  such  cases. 


1706.]  OF    CONNECTICUT.  535 

It  is  ordered  and  enacted  by  the  Govern' ,  Coiincill  and  Rep- 
resentatives in  Generall  Court  assembled,  and  by  the  authoritie 
of  the  same:  That  those  four  hundred  men  that  have  been 
formerly  detached  fro  the  Countie  of  Hartford  for  the  defence 
of  this  Colonie  and  the  frontiers  of  the  Countie  of  Hampshire, 
be  still  continued  in  the  same  order  as  they  were,  that  is,  so 
many  of  them  as  can  attend  that  service,  and  their  numbers  to 
be  made  up  of  others  to  supply  the  places  of  them  that  cannot 
attend  that  service ;  to  be  disposed  of  from  time  to  time  for  the 
uses  aforesaid  by  order  of  Nathaniel  Stanly  Esq"",  M'"  William 
Pitkin,  Majr  John  Chester,  Maj"-  William  Whiting,  Capt.  Cyp- 
rian Nichols,  Capt.  Mathew  Allin,  and  Capt.  Aron  Cook,  which 
are  now  appointed  a  Committee  of  Warre  for  the  ends  afore- 
said, any  throe  of  them  to  be  capable  to  act  as  a  Coihittee  of 
Warre  for  the  end  aforesaid,  and  to  be  coinissionated  by  the 
Governour  for  that  service,  and  said  comission  to  be  as  formerly. 

This  Court  grants  eight  pounds  more  in  pay  in  addition  to 
thirtie  pounds  already  granted  to  M^  Joseph  Whiting  Treasu- 
rer, This  last  addition  is  in  consideration  of  his  collecting  the 
[500]  halfe  ||  pennie  rate  and  making  up  the  accounts  with 
the  constables. 

This  Court  grants  unto  M""  Joseph  Whiting,  Treasurer,  thirtie 
pounds  pay  for  riding  the  circuit  and  making  up  the  accounts 
with  y  constables  in  the  severall  townes  in  this  Colonie. 

This  Court  grants  unto  Thomas  Hart,  Speaker,  thirtie  shil- 
lings, and  to  Jeremiah  Osborn,  Clerk,  twentie  shillings,  for  their 
service  during  this  present  Court. 

Whereas  there  hath  arisen  unhappy  diiferences  respecting 
the  lands  at  Quinebaug  between  the  HoniJi  the  Governour  and 
Maj''  James  Fitch  and  sundry  other  persons  interested  in  those 
lands,  which  diiferences  this  Court  are  desirous  to  appease,  and 
bring  to  a  good  issue :  and  as  a  means  for  that  end,  provided 
the  parties  abovementioned  shall  consent  thereunto,  doe  ap- 
point Joseph  Curtis  Esq'',  Major  John  Chester,  the  Rever''  M"" 
James  Noyes,  M'"  Timothie  Woodbridge,  Capt.  Abraham  Fow- 
ler, and  Capt.  Mathew  Allin,  or  any  three  of  them,  as  comis- 
sioners  to  repair  to  the  place  of  difference  at  Quinebaug,  and 
there  to  inform  themselves  of  the  true  state  of  that  matter,  and 


536  PUBLIC   RECORDS  [May, 

being  so  informed  to  mediate  between  the  parties  concerned  to 
indevonr  an  amicable  compromise  of  the  differences  albresaid  ; 
with  sufficient  power  to  search  records,  and  examine  evidences 
as  need  may  require  for  the  accomphsliing  the  en<ls  aforesaid. 
But  if  said  comissioners  shoidd  u])on  triall  find  that  tlie  metli- 
ods  al)ove  stated  are  ineffectuall  for  promoting  the  end  proposed, 
that  tlien  they  shall  make  report  to  the  Gcnei-all  (^ourt  in  Octo- 
l)er  next  how  they  hnd  the  true  state  of  those  matters  of  differ- 
ence relating  to  the  titles  or  interests  of  the  ])arties  concorned 
in  those  lands  at  Quinebaug,  that  tlie  Generall  Asscmldy  in 
October  next  may  further  see  their  way  clear  in  order  to  putt 
those  unhappy  differences  to  linall  issue.  And  it  is  also  ordered 
that  all  actions  now  comehced  and  depending  in  the  lawe  be- 
tween any  of  the  parties  concerned  in  those  lands  at  Quinabaug 
shall  be  suspended  and  referred,  and  are  lierel»y  suspended  and 
referred  to  the  Court  of  Assistants  in  May  next,  and  tlien  to 
proceed  in  order  of  processe  in  the  lawe  as  now  they  are  in,  if 
the  causes  of  tliose  aciions  and  suits  with  the  wliole  of  Uiose 
troul)les  and  vexations  be  not  in  the  metiiods  af)ovenamed 
brought  to  a  finall  issue  and  removed  before  that  time ;  and 
that  nx)  action  by  any  of  the  parties  abovementioned  relating 
to  those  lands  at  Quinabaug  be  coihenced  till  after  the  Generall 
Court  in  October  next  ensuing;  and  that  said  comittee,  or  any 
of  them,  giving  timely  notice  to  the  parties  concerned,  shall  as 
soon  as  they  can  conveniently  proceed  to  the  maimagement  of 
this  affair. 

Tlie  above  bill  with  the  coihissioners  names  entred  is  con- 
sented to  ljy  the  Hon'e*^  Govern''  and  Maj'"  James  Fitch. 
[501]  Whereas  Joshua,  Indian  sachem  dec',  did  by  his  last 
will  and  testament  give  and  bequeath  a  certain  tract  of  land 
lying  on  the  east  side  of  Connecticutt  River  unto  M""  Samuel 
Willis,  M'  James  Richards,  Capt.  Thomas  Bull,  M''  Jose])h 
Hains,  M''  Richard  Lord,  Maj--  John  Talcott,  M--  John  AUin,  ]\I' 
Eleazar  Way,  Bartholomew  Barnard,  Nicholas  Olmstid,  Jlene- 
rie  Howard,  Joseph  Fitch,  Tliomas  Burnham,  William  Pitlvin, 
and  Nathaniel  VVillet,  and  the  owners  of  the  greatest  part  of 
the  said  land  have  by  a  deed  passed  over  tlieir  right  therein 
unto  William  Pitkin,  William  Whiting,  Joseph  Tallcott,  and 


1706.]  OF    CONNECTICUT.  537 

Richard  Lord,  as  a  comittee  to  dispose  of  the  said  land  for  a 
plantation, — 

This  Court  doc  therefore  appoint  and  empower  the  said  Wil- 
liam Whiting-,  Joseph  Tallcott,  and  Richard  Lord,  a  committee 
with  full  power  to  lay  out  a  township  any  where  within  the 
said  tract  of  land,  and  of  such  extent  and  bignesse  as  they  shall 
see  meet,  which  said  towne  shall  be  called  by  the  name  of 
,  *  and  also  to  lay  out  and  divide  the  same  township 
into  homelotts  and  other  divisions  of  lotts  as  they  shall  see  con- 
venient, and  to  admit  of  inhabitants ;  the  said  towne  not  to 
contein  lesse  then  sixe  miles  square. 

Vpon  the  petition  of  John  Beldin,  Ralph  Keeler,  John  Keeler, 
Samuel  Keeler,  Daniel  Betts,  John  Whitne  sen"",  Joseph  Birch- 
ard,  John  Whitne  jun"",  and  John  Copp,  inhabitants  of  the 
towne  of  Norwalk,  in  the  behalfe  of  the  rest,  this  Court  doth 
appoint  Capt.  Jonathan  Sellick,  Lieu*  David  Waterbury,  and 
M''  John  Copp,  to  view  a  tract  of  land,  bounded  south  upon 
Norwalk  bounds,  northeast  upon  Danbury,  and  west  l)y  York 
line,  and  to  make  an  estimation  of  the  quantitie  thereof  with 
the  breadth  of  it  from  the  line  between  the  bounds  of  Newyork 
and  this  Colonic,  and  make  return  to  this  Court,  at  the  charge 
of  the  said  petitioners,  in  October  next. 

This  Court  being  informed  that  there  is  a  good  tract  of  land 
within  this  Colonic  westward  of  the  towne  of  Woodstock,  north- 
ward of  the  town  of  Mansfield,  and  adioyning  to  the  great  pond 
called  Chrystall  Pond,  that  may  be  sufficient  to  make  a  good 
and  convenient  towne,  which  tract  of  land  this  Court  being 
willing  to  secure  for  such  good  people  as  shall  be  willing  to 
settle  thereon,  doe  tkcrefore  grant  a  township  there,  of  tlie  ex- 
tent and  bignesse  of  eight  miles  square  or  equivalent  there- 
unto.f  And  for  that  end  doe  hereby  impower,  order,  and  ap- 
point, Majf  John  Chester,  Capt.  Mathew  Allin,  Capt.  Cyprian 
Nichols,  Capt.  John  Higly,  M""  John  Hooker,  M''  Caleb  Stanly, 
and  Eleazar  Kimberly,  they  or  any  three  of  them,  to  be  a 
comittee  to  survey  and  lay  out  the  said  township  of  the  extent 
and  quantitie  aforesaid,  and  to  make  return  thereof  to  this 
Court  in  October  next  for  further  confirmation ;  and  also  to 


*  Called  Coventry,  October,  1711.  t  Afterward  Ashford. 

68 


538  PUBLIC   RECORDS  [May, 

lay  out  home  lotts  and  other  divisions  of  land,  and  to  order  and 
manage  the  affairs  of  the  said  towne,  and  to  admitt  and  settle 
all  such  inhabitants  thereon  as  are  well  approved,  who  shall 
upon  their  admission  pay  their  proportionable  parts  of  the 
charge  of  surveying  and  settling  the  same  according  to  their 
respective  allotments. 

Vpon  the  petition  of  the  inhabitants  of  the  towne  of  Plain- 
field,  this  Court  doth  appoint  Lieut  John  Hough,  M""  John 
[502]  Plumb  of  Newlondon  and  ||  Mr  Caleb  Stanly  to  be  [a] 
comittee  to  indevour  a  settlment  of  the  bounds  between  Plain- 
field  and  Preston,  to  be  done  at  the  sole  charge  of  the  petition- 
ers, and  a  return  made  to  this  Court  in  October  next. 

Whereas  by  reason  of  the  late  running  and  stating  of  the 
dividing  line  between  the  townes  of  Newlondon  and  Preston 
some  lands  granted  to  severall  persons  by  the  towne  of  New- 
london doe  now  fall  within  the  bounds  of  Preston  according  to 
the  said  late  line :  it  is  ordered  by  this  Assembly  that  such  lands 
shall  be  and  remain  to  the  respective  persons  to  whome  they 
were  granted  by  the  said  towne  of  Newlondon  and  to  their 
assignes,  according  to  the  true  intents  of-  their  originall  grants, 
the  said  late  stated  line  notwithstanding. 

Upon  the  petition  of  the  farmers  inhabiting  on  the  west  side 
of  the  bounds  of  Newhaven,  this  Assembly  grants  them  libertie 
to  be  a  distinct  foot  company  for  mustering  and  exercising 
according  to  rules  of  lawe,  with  libertie  to  choose  officers  and 
performe  all  other  services  relating  to  the  matter  aforesaid ; 
their  bounds  to  be  from  the  road  that  leads  from  Newhaven  to 
Milford  down  to  the  sea. 

Vpon  the  petition  of  Timothie  Mather  of  the  towne  of  Lyme, 
this  Court  grants  him  libertie  to  keep  a  boat  and  to  transport 
travailers  as  there  shall  be  occasion  over  the  River  of  Connec- 
ticutt  near  the  mouth  of  it,  he  taking  no  other  fees  then  what 
is  already  stated  by  lawe  for  that  ferry,  and  attending  the  duty 
required  of  ferrymen. 

Whereas  James  Evarts  of  Gilford  in  right  of  his  wife  Han- 
nah Evarts,  alias  Hannah  Bow,  Marie  Bowe,  of  the  said  towne 
of  Gilford,  and  Nathan^  Browne  of  Midltown  as  gardian  to 
Rebeccali  Bowe,  did  at  the  Court  of  Assistants  holden  at  Hart- 


1706.]  OP    CONNECTICUT.  539 

ford  May  the  lOt^'',  1697,  recover  judgment  against  Ensign 
John  Hall,  alias  Capt.  John  Hall,  for  the  surae  of  nineteen 
pounds  five  shillings  and  sixe  pence,  and  execution  was  issued 
forth  to  the  constable  of  Midltowne  to  levie  the  said  sume  upon 
the  estate  of  the  said  Hall,  and  delivered  to  Isaac  Lane  then 
constable  of  the  said  towne,  who  not  pursuing  the  said  writt  to 
effect,  the  said  James  Evarts  and  his  partners  abovenamed  re- 
covered judgm*^  against  the  said  Lane  for  his  default,  at  the 
Court  of  Assistants  holden  at  Newhaven  in  October  last,  for 
the  sufhe  abovementioned  and  cost,  amounting  in  the  whole 
to  twentie  four  pounds  eleven  shillings  and  sixe  pence,  part 
money,  for  which  he  hath  compounded  with  the  creditors ;  the 
said  Lane  making  his  application  for  relief  against  the  said 
Hall  (the  originall  debtor)  in  the  premises :  this  Assembly 
upon  consideration  of  the  case  doe  order  the  Secretary  to  issue 
forth  an  alias  execution,  requiring  the  sherriff  or  otlier  officer 
proper  to  levie  the  said  surae  of  nineteen  pounds  five  shillings 
and  sixe  pence,  upon  the  estate  or  in  want  thereof  upon  the 
person  of  the  said  Hall. 

The  judgment  of  the  Court  of  Assistants  in  the  case  depend- 
ing between  Joseph  Tracie  of  Norwich  plaintiff  by  review,  and 
John  Smith  of  Plainfield  defendant,  at  the  said  Court  holden 
at  Newhaven  in  October  last,  is  by  this  Assembly  (upon  the 
petition  of  the  said  John  Smith)  reversed,  and  the  execution 
issued  forth  upon  the  said  judgment  made  null;  and  it  is 
ordered  by  this  Court  that  both  parties,  viz.  the  plaintiff  and 
defendant,  bear  each  the  charges  they  have  expended  in  said 
case. 

[503]  Whereas  M""  Lewis  Lyron  of  Milford  hath  petitioned 
to  this  Court  to  give  him  the  countries  part  of  a  parcell  of  tal- 
low shipped  by  him  for  transportation  out  of  this  Colonic,  and 
seized  and  condemned  because  the  law  forbad  the  transporta- 
tion of  it,  the  said  Lyron  pleading  that  he  was  ignorant  of  the 
lawe,  and  did  the  thing  openly  and  not  in  a  private  way,  and 
that  he  should  not  have  done  it  had  he  known  it  had  been  con- 
trary to  the  lawes  of  this  Colonic ;  this  Court  grants  the  Colo- 
nies part  of  the  tallow  forf^ted  unto  ^^e  said  Lyron. 

This  Court  grants  to  Capt.  Joseph  Whiting,  Treasurer,  two 


540  PUBLIC  RECORDS  [May, 

hundred  acres  of  coiiutrie  land  if  it  may  be  found  not  preiu- 
dicing  any  former  grant. 

Whereas  the  Generall  Court  of  this  Colonic  at  their  sessions 
Octob'"  the  13t'»,  1687,  granted  to  Giles  Hamlin  Esq"",  since  de- 
ceased, three  hundred  acres  of  land  for  a  farme,  provided  he 
should  take  it  up  where  it  might  not  preiudice  any  former 
grant  to  any  person  or  plantation  ;  and  whereas  John  Hamlin 
Esq""  and  M""  William  Hamlin,  sonnes  of  the  said  Giles  Hamlin, 
have  bargained  and  sold  the  said  grant  of  300  acres  of  land  to 
John  Allin  of  or  belonging  to  a  farme  nigh  to  the  towne  of 
Woodstock,  and  the  said  Jolm  Allin  hath  pitched  upon  and 
made  choice  of  a  certain  parcell  of  land  of  300  acres  Ijmig  at 
or  near  a  place  called  Pattoquottuck,  distant  about  sixe  or 
seven  miles  from  Woodstock  aforesaid:  This  Court  doth  allow 
and  approve  the  said  pitch  and  choice  made  by  said  Allin  of 
the  said  300  acres  of  land  for  y  said  grant,  provided  it  preiu- 
dice no  former  gTant  as  aforesaid,  and  doe  order  and  appoint 
M"^  Caleb  Stanly  to  survey  and  lay  out  the  said  300  acres  of 
land  for  said  Allin,  and  to  make  return  thereof  to  this  Court 
in  October  next. 

This  Court  grants  libertie  to  Thomas  Merwin,  administrator 
on  the  estate  of  Ephraim  Wheeler  of  Fairfield  deceased,  with 
the  advice  of  Capt.  Gold  and  Capt.  Wakeman  to  sell  so  much 
of  the  said  Ephraim  Wheelers  land  as  may  pay  his  just  debts. 

This  Court  grants  Ubertie  to  widdow  Elizabeth  Strickland  of 
Symsbury,  under  the  inspection  and  with  the  advice  of  Capt. 
Samuel  Crosse  of  Windzor,  to  sell  so  much  of  the  land  of  her 
late  husband  Joseph  Strickland  as  shall  appear  to  be  of  neces- 
sitie  to  be  sold  for  the  payment  of  an  obligation  her  said  late 
husband  was  under  of  twentie  pounds  money  and  five  pounds 
pay  towards  the  maintaining  of  Ej^hraim  Strickland. 

Whereas  Thomas  Scran  ton  late  of  the  towne  of  Gilford  dec^ , 
did  in  his  life  time  sell  a  small  parcell  of  land  and  received  the 
pay  for  it,  bi4  died  before  he  had  given  a  deed  for  it:  this  Court 
grants  power  to  Elizabeth  Scranton,  widdow  and  relict  of  the 
said  Thomas  Scranton,  and  John  Scranton,  eldest  sonne  of  the 
said  Thomas  Scranton,  tp  give  assurance  by  deed  of  said  land 
to  him  that  hath  so  bought  and  paid  for  it. 


1706.]  OF    CONNECTICUT.  541 

Ypon  the  application  of  Jonathan  Hill  of  Xewlondon,  ad- 
ministrator on  the  estate  of  William  Sharwood  dec*,  shewing 
to  this  Court  that  the  said  Sharwoods  personall  estate  is  not 
sufficient  to  pay  his  debts,  this  Court  grants  liberty  to  the  said 
administrator,  with  the  advice  of  M""  Richard  Cristophers,  to 
sell  so  much  of  the  housing  and  land  of  the  said  deceased  as 
may  be  sufficient  to  pay  his  debts. 

Whereas  it  appears  of  record  that  Jonathan  Cornwel,  ad- 
.ministrator  to  his  father  Thomas  Cornwel  deceased,  did  at  a 
Generall  Court  held  at  Newhaven  October,  1704,  obtein  libertie 
[504]  to  sell  so  much  of  his  said  ||  fathers  lands  as  may  be 
needfull  for  defraying  his  just  debts  yet  due,  having  already 
paid  with  the  moveables  so  farre  as  it  will  goe,  as  appeared 
under  the  clerk  of  the  court  of  probates  hand,  and  the  said 
administrator  dying  before  he  hdd  acted  any  thing  upon  it,  and 
Capt.  John  Hall  succeeding  the  said  Jonathan  in  said  admin- 
istration and  desiring  the  same  libertie  :  this  Court  grants  his 
request,  and  impower  the  said  Capt.  Hall,  with  the  advice  of 
Serj'  John  Corn  well  and  his  brother  Samuel  Corn  well,  to  sell 
so  much  of  the  said  land  as  shall  be  needfull  to  defray  his  just 
debts. 

Upon  the  application  of  Benjamin  Banks,  the  sonne  of  Ben- 
iamin  Banks  late  of  Fairfield  deceased  and  administrator  to 
his  estate,  this  Court  grants  libertie  to  the  said  administrator, 
with  the  advice  of  Capt.  Nathan  Gold,  to  sell  so  much  of  the 
land  of  the  said  Benjamin  Banks  deceased  as  may  be  sufficient 
to  pay  his  debts. 

Upon  the  application  of  Capt.  Daniel  Wetherell  execut""  to 
the  last  will  and  testament  of  Adam  Pickett,  late  of  Newlon- 
don,  this  Court  grants  libertie  to  the  said  administrator  to 
make  sale  of  so  much  of  said  Picketts  land  as  may  be  sufficient 
to  pay  his  just  debts. 

Upon  the  application  of  Samuel  Wright,  Jacob  Griswold  and 
John  Curtis,  selectmen  of  the  town  of  Wethersfield,  this  Court 
grants  them  liberty  to  sell  four  acres  of  land  belonging  to  Amie 
Gilbert  of  the  said  towne,  a  poor  impotent  person,  to  procure 
necessaries  for  her  maintenance. 

Also  upon  the  application  of  the  said  selectmen,  this  Court 


542  PUBLIC  RECORDS  [May, 

grants  tliem  libertie  to  sell  a  small  house  and  about  five  roods 
of  land  belonging  to  Sarah  Powell  of  the  said  towne,  a  poor 
distracted  person,  to  procure  necessaries  for  her  relief  and 
maintenance, 

"Whereas  M^"  Justis  Bush  of  Newyork,  M""  Sam^^  Hawly  jun"", 
and  Mr  William  Janes  of  Stratford,  have  without  libertie  from 
this  corporation  purchased  a  tract  of  land  of  some  Indians, 
lying  within  this  Colonic,  for  which  they  are  to  be  prosecuted 
at  a  speciall  countie  court  at  Fairfield  in  June  next,  the  said 
Janes  offering  to  this  Court  to  resign  to  this  Corporation  his 
part  of  said  purchase  and  to  indevour  that  his  partners  shall 
doe  the  like  before  or  at  the  said  speciall  court : — this  Court 
doe  therefore  see  cause  to  order  that  if  the  said  Bush  and 
Hawly,  and  Janes,  doe  before  or  at  the  said  countie  court  make 
a  free,  full  and  firme  resignation  of  the  said  deed  or  purchase 
of  land  abovemcntioned  unto  this  corporation,  and  deliver  the 
same  compleated  according  to  lawe  into  the  hands  of  Capt. 
Nathan  Gold  and  M'"  Peter  Burr,  or  either  of  them  for  the  use 
of  this  corporation,  that  then  the  abovesaid  prosecution  against 
[505]  them  shall  cease  ;  or  if  any  one  or  more  ||  of  them  shall 
doc  the  same  for  his  or  their  part,  he  or  they  so  doing  shall  not 
be  any  further  prosecuted  for  his  or  their  breach  of  lawe  in 
making  the  abovesaid  purchase,  and  the  person  or  persons  so 
resigning  may  present  at  the  Generall  Court  in  October  next 
the  account  of  his  or  their  charge  of  their  purchase  abovesaid, 
for  the  Courts  consideration. 

This  Court  orders  that  the  last  Thursday  in  this  month  be 
religiously  observed  in  fasting  and  prayer. 

John  Prents  his  survey  of  a  tract  of  land  for  the  heirs  of  Robert 

Webster. 

By  virtue  of  a  grant  of  land  of  300  acres  unto  Robert  Web- 
ster of  Hartford  by  the  Generall  Assembly  May  the  9*^,  1672, 
I  have  laid  out  the  same  in  the  Nipmug  countrie  on  the  east 
side  of  Quenabaug  River,  southeast  from  Woodstock,  as  fol- 
lowes,  about  five  miles  and  adioyning  to  Richard  Evans  farme. 

I  began  it  on  the  east  side  of  a  barren  hill  in  sight  of  Rich- 
ard Evans  house  at  a  heap  of  stones,  and  run  nor-norwest  four 
hundred  and  seventie  and  four  rods  by  marked  trees  to  a  white 
oak  tree  on  the  top  of  a  barren  hill,  then  it  runs  noreast  by 


1706.]  OF    CONNECTICUT.  543 

marked  trees  down  a  steep  hill  over  a  brook  below  the  falls  of 
said  brook,  and  so  on  in  a  low  part  of  the  land,  crossing  ob- 
liquely a  small  swamp  to  a  white  oak  tree  on  the  north  side  of 
a  rocky  hill  two  hundred  rods,  then  it  runs  south  southeast 
two  hundred  seventie  and  four  rods  by  marked  trees  and  heaps 
of  stones  to  a  rock  and  heap  of  stones  on  the  top  of  it  in  fair 
sight  of  Evans  meadow,  then  it  runs  southwest  two  hundred 
rods  to  the  first  bounds,  with  an  addition  of  a  small  angle  of  land 
lying  at  the  south  corner  of  the  said  land,  which  is  bounded 
with  said  Evans  land  and  Nicolaus  Cadeys  land  and  is  to  make 
up  what  is  wanting  in  the  abovesaid  tract  of  land  by  reason  of 
badnesse  of  land,  and  allowance  for  highwayes :  there  is  within 
the  land  a  brook  and  a  spong  of  meadowe ;  the  abovesaid  angle 
of  land  is  bounded  on  the  west  with  the  comons  and  exceeds 
not  twentie  acres.  There  is  a  hig^iway  allowed  between  said 
Evens  land  and  Websters  of  two  rod  wide. 

Aprill  25*,  1706.  John  Prentts,  Countie  Surveyor. 

This  Court  confirmes  to  the  heirs  of  M""  Webster  the  above 
grant  in  the  place  where  it  is  laid  out,  provided  it  interfere  not 
on  any  land  already  laid  out. 

The  action  now  depending  between  M''  Solomon  Tracie  and 
Maj"-  James  Pitch  as  atturney  for  William  Johnson,  by  review 
to  the  Court  of  Assistants  in  October,  is  not  intended  to  be 
stopt  or  suspended  by  the  order  of  this  Assembly  respecting 
the  differences  between  the  Governrs  Hon""  and  Major  Fitch 
and  others,  about  the  lands  at  Quinebaug,  but  the  same  may 
proceed  the  said  order  notwithstanding.    ■ 

Whereas  Lieu*  Treat  of  Wethersfield  had  a  country  grant 
of  land,  also  the  heirs  of  John  Porter  of  Windzor  having  a  grant 
[506]  of  lands,  they  ||  desired  and  agreed  to  lay  them  out 
together. 

Att  a  Generall  Assembly  holden  at  Hartford  May  10'^,  1705, 
This  Assembly  doth  appoint  Capt.  Mathew  Allin  and  James 
Eno  junr,  in  the  stead  of  Thomas  Bissell  and  Samuel  Grant,, 
to  lay  out  one  hundred  and  twentie  acres  of  land  to  the  heirs 
of  Mr  John  Porter,  granted  to  him  by  the  Generall  Assembly 
May  14th,  1674, — Pursuant  thereto  and  on  the  desire  of  Tim- 
othie  Lomis  and  Nathaniel  Lomis,  which  married  two  of  the 
said  Porters  daughters,  we  the  subscribers  did  on  the  28tii  day 
of  September,  1705,  goe  to  a  white  oak  tree  standing  about  two 
miles  southward  of  the  great  pond  near  Dickisons  stone  house, 
and  about  four  rods  westward  of  Colchester  road  and  marked 


544  PUBLIC   RECORDS  [May, 

said  tree,  and  from  thence,  run  near  norwest  by  the  needle, 
measuring  three  hundred  and  twentie  rods  to  a  chestnutt  tree 
wliich  we  marked  and  laid  stones  round  the  same,  then  turned 
southwest  measuring  two  hundred  and  fiftie  rods,  to  a  chest- 
nut tree  which  we  marked,  and  then  run  southeast  measuring 
three  liundred  and  twentie  rods  to  a  small  tree  which  we  also 
marked.  Mf  Churchell  of  Wethersfield  helped  us  to  make 
the  whole  measure,  the  abovesaid  Lieu*  Treat  being  present. 
(Memorandum.)  The  hundred  and  twentie  acres  of  land  ap- 
pointed to  be  laid  out  to  the  heirs  of  M'"  John  Porter  is  to  be 
taken  ^square  off  at  the  southeasterly  end  within  the  abovesaid 
abuttments  which  were  made  by  us.  Mathew  Allin, 

James  Eno  junr. 

The  grants  of  land  to  Lieu*  James  Treat  and  the  heirs  of 
John  Porter  confirmed  by  this  Court  as  laid  out  by  Capt. 
Mathew  Allin  and  James  Eno  jun'',  provided  it  preiudice  no 
former  grant. 

Acts  and  Lawes  passed  at  this  Assemhly. 

Be  it  enacted  by  the  Govern^,  Councill  and  Representatives 
in  Generall  Court  assembled,  and  it  is  hereby  enacted  by  the 
authoritie  of  the  same :  That  wheresoever  there  is  any  comon 
field  in  this  Colonic  and  the  proprietors  thereof  have  not  a 
comittee"  appointed  for  such  field  as  the  first  parragraph  of  the 
lawe,  title  Comon  Fields  and  Fences,  doth  direct  to,  and  there 
be  need  of  such  coraittee,  it  shall  be  the  duty  of  the  selectmen 
of  the  towne  wherein  such  field  is  situate,  as  often  as  there  shall 
be  occasion,  to  warn  the  proprietors  of  such  field  to  assemble 
together  to  choose  meet  persons  for  that  service.  And  when 
the  proprietors  of  such  field  (or  such  of  them  who  upon  such 
warning  given  them  by  the  select  men  of  such  towne,  or  by 
any  two  of  them,)  shall  be  assembled  together,  the  major 
part  of  the  proprietors  present  computed  according  to  their 
^  interests  in  the  field  as  the  forementioned  parragraph  directs, 
shall  have  full  power  to  act  in  choosing  such  a  committee  as 
is  required  in  the  said  lawe.  And  if  the  said  selectmen  shall 
neglect  to  warn  the  proprietors  to  assemble  together  for  the 
[507]  end  [j  aforesaid,  when  there  is  occasion  for  it  as  above- 
mentioned,  they  shall  for  their  said  neglect  pay  a  fine  of  twentie 
shillings  to  the  use  of  the  proprietors  of  such  comon  field. 

To  prevent  the  difficulties  that  frequently  doe  arise  by  reason 


1706.]  OF    CONNECTICUT.  545 

that  owners  of  fences  in  the  lines  of  coiTion  fields,  keep  not  up 
stakes  with  the  two  first  letters  of  their  names  on  them ;  it  is 
ordered  and  enacted  by  this  Assembly :  That  for  the  future 
every  one  who  shall  neglect  more  then  two  dayes  after  notice 
given  by  either  of  the  fence  viewers,  to  sett  up  stakes  or  markes 
as  aforesaid,  shall  forfeit  for  every  such  neglect  two  shillings 
and  sixe  pence,  to  be  collected  and  disposed  of  according  to 
the  act  made  for  the  direction  of  fenceviewers  for  the  fining 
the  neglects  of  the  owners  of  defective  fences. 

Whereas  there  is  more  tallow  raised  in  this  Colonic  then  is 
necessary  for  the  use  of  the  inhabitants,  and  the  restraint  of  ex- 
portation of  it  proves  preiudiciall, — upon  consideration  thereof, 
it  is  ordered  and  enacted  by  this  Assembly,  that  part  of  the 
lawe,  title  Hides  a;id  Tallow  not  to  be  transported,  so  farre  as 
it  concernes  the  exportation  of  tallow,  be  repealed,  and  it  is 
repealed  accordingly. 

Whereas  in  the  fift  parragraph  of  the  lawe,  title  Intestates 
Estates,  Wills  and  Inventories,  the  libertie  of  the  appeal  of  any 
aggrieved  person  at  any  order,  sentence,  decree,  or  denial, 
made  by  the  court  of  probates  for  the  settlmcnt  of  any  intes- 
tate estate,  is  hmited  to  the  next  Court  of  Assistants  and  to 
no  other :  it  is  now  ordered  by  this  Assembly,  that  for  the  future 
it  may  and  shall  be  lawfull  for  all  persons  aggrieved  with  the 
sentence,  act,  deniall,  determination  or  decree  of  the  court  of 
probates  or  Court  of  Assistants,  to  appeal  as  in  other  cases  that 
have  issue  at  the  comon  lawe. 

Whereas  much  inconvenience  doth  arise  by  allowing  to  de- 
linquents sentenced  for  the  breach  of  penall  lawes  or  other 
misdemeanours,  libertie  of  review  or  appeal  from  court  to  court, 
charges  being  increased  thereby  and  justice  greatly  retarded, — 
It  is  ordered  and  enacted  by  this  Assembly,  that  when  any  per- 
son or  persons  shall  be  convicted  of  the  breach  of  any  penall 
lawe  or  otlier  misdemeanour  before  any  Assistant  or  Justice 
of  the  peace  in  this  Colonic,  such  delinquent  shall  have  liberty 
of  appeal  to  the  next  countie  court  in  that  countie  and  no  fur- 
ther. And  when  it  shall  happen  that  any  person  or  persons 
shall  be  fined  for  the  breach  of  any  penall  lawe  or  misdemean- 
our as  aforesaid  by  any  countie  court  or  court  of  Assistants, 
such  delinquents  shall  not  have  libertie  of  any  further  triall. 
69 


546  PUBLIC  RECORDS  [May, 

It  is  ordered  and  enacted  by  this  Assembly :  That  when  any 
officer,  as  slierriff  or  constable,  shall  have  a  writt  of  execution, 
to  levie  upon  the  estate  of  any  person  or  persons,  and  for  want 
of  estate  doth  seize  the  body  or  bodies  of  such  person  or  per- 
sons and  commit  him  or  them  to  prison,  a  copie  of  the  writt  or 
execution  signed  by  the  said  officer  and  delivered  to  the  gaoler 
shall  be  sufficient  warrant  or  order  for  him  to  receive  such  per- 
son or  persons  and  him  or  them  to  hold  in  safe  custodie  till 
delivered  by  lawe. 

[508]  It  is  ordered  and  enacted  by  the  Governour,  Councill 
and  Eepr'esentatives  in  Generall  Court :  That  the  printed  lawe, 
title  Hereticks,  in  pag.  48,  so  farre  as  it  respects  Quakers,  be 
repealed,  and  it  is  hereby  repealed  accordingly.* 


*  At  the  Couet  at  Kensington  the  llt^i  day  of  October,  1705. 

Present : 
The  Queens  most  Excellent  Mat'^, 
His  Eoyil  Hss  Prince  George  of  Denmark,        Earl  of  Renelagh, 
L(l  Arch  Bp  of  Canterbury,  '  M^  Boyle, 

Lord  Keeper,  JVF  Secret'T  Hedges, 

Lord  Treasurer,  Mr  Secrefy  Harley, 

Lord  President,  Li  Ch:  Jus:  Holt, 

Duke  of  Somersett,  Lti  Ch :  Jus:  Trevor, 

Duke  of  Ormond,  '  Mr  Vernon, 

Mr  Erie. 
A  representation  from  the  Lords  Commrs  of  Trade  and  Plantations,  being  this  day 
read  at  the  Board,  upon  an  Act  passed  in  her  Ma'ies  Colony  of  Connecticutt,  entituled 
only  Hereticks,  whereby  it  is  enacted,  That  all  who  shall  entertain  any  Quakers, 
Ranters,  Adamites  and  other  Hereticks,  are  made  lyable  to  the  penalty  of  five  pounds, 
and  five  pounds  F  week  for  every  towne  that  shall  so  entertain  them,  That  all  Qua- 
kers shall  be  committed  to  prison  or  be  sent  out  of  the  Colony,  That  whoever  shall 
hold  unnecessary  discourse  with  Quakers,  shall  forfeit  twenty  shillings.  That  whoever 
shall  keep  any  Quakers  books  (the  governour,  magistrates,  and  elders  excepted)  shall 
forfeit  ten  shillings,  and  that  all  such  books  be  supprest.  That  no  master  of  any  vessell 
do  land  any  Quakers  without  carrying  of  them  away  again,  under  the  penalty  of  twenty 
pounds:  And  the  said  Lords  Commrs  humbly  offering,  that  the  said  Act  be  repealed 
by  her  Mat'^j  it  being  contrary  to  the  liberty  of  conscience  indulged  to  dissenters  by 
the  laws  of  England,  as  likewise  to  the  charter  granted  to  that  Colony :  Her  Ma^'^^  with 
the  advice  of  her  Privy  Councill,  is  pleased  to  declare  her  disallowance  and  disappro- 
bation of  the  said  act,  and  pursuant  to  her  Ma'ies  royall  pleasure  tiiereupon,  the  said 
Act  passed  in  her  Ma'ies  Colony  of  Connecticutt  in  New  England  entituled  Here 
TICKS,  is  hereby  repealed,  and  declared  null,  and  void,  and  of  none  effect. 

John  Povey. 
Ecclesiastical  1, 156. 
The  repeal  of  this  law  was  obtained  on  the  petition  of  the  English  Quakers  to  the 
Queen,  "  Which  I  took,"  writes  Sir  Henry  Ashurst,  "  to  be  a  very  extraordinary  order 
considering  you  were  in  possession  of  your  own  charta,  but  the  hand  of  Joab  is  in  it , 
I  mean  D."  [Dudley.]  Eccl.  I,  155,  157.     Foreign  Corresp.  II,  91,  100, 102. 


1706.]  OF    CONNECTICUT.  547 

This  Assembly  orders  the  last  Thursday  in  this  month  to  be 
kept  as  a  day  of  fasting  and  prayer. 


The  Acts  of  the  next  Generall  Assembly  are  entred  and  recorded 
'in  the  fourth  book  of  the  Records  of  said  Generall  Court,  which 
begins  at  a  Generall  Assembly  holden  at  Newhaven,  October 
the  10^  1706. 


ERRATA. 
Page  86,  line  2  of  note,  for  iii  read  ii. 
Page  150,  line  15,  for  [Lieutenant]  read  [Ensign. J 
Page  296,  line  7,  for  [322J  read  [332.] 
Page  296,  line  25,  for  Parker  read  Parkes. 
A  lew  errors  of  the  original  record  escaped  notice  in  time  to  correct  them  on  the 
pages  where  they  occur. 


Statr  of  OToniuctirut,  ss. 

Secretary's  Office. 

J  l)crcbD  rcrtifn,  that  I  have  caused  the  foregoing  printed 
pages  of  this  volume  to  be  carefully  compared  with  the  original 
Records  in  this  office ;  and  that  the  same  is  a  true,  full  and 
literal  copy  of  said  Records. 

In  t€0tiinonjj  xnljntof,  I  have  hereunto  set  my 
hand  and  affixed  the  Seal  of  the  said  State, 

T       C 

at  Hartford,  this  21st  day  of  May,  A.  D.  1868. 
LEVERETT  E.  PEASE, 

Secretary. 


INDEX. 


Abaquag,  417. 

Abby,  Thomas,  Ellsworth,  v.  124. 

Abiineleck,  367,  493;  naturalized,  153; 
controversy  between  him  and  Owaneco, 
108,  146,  184,  208,  215,  233;  his  admin- 
istrator authorized  to  sell  land,  513. 

Accounts,  public,  creditors  of  colony  to 
send  in  their  accounts  before  October 
court  yearly,  110;  what  bills  the  treas- 
urer shall  not  accept,  129;  treasurer  to 
make  up  accounts  with  constables  in 
each  town,  154;  colony  indebtedness  to 
be  ascertained.  225 ;  fiscal  year  when 
to  end,  330;  bills  how  to  be  signed,  397; 
408 ;  differences  between  treasurer  and 
constables  how  settled,  409. 

Actions,  civil,  book  debts  when  outlawed, 
166 ;  when  and  how  recoverable,  502 ; 
repeal  of  provision  for  new  jury  when 
verdict  is  not  satisfactory  to  the  court, 
129 ;  defendant  summoned  and  not  ap- 
pearing the  action  to  go  on,  167;  limit- 
ation of  new  trials  and  appeals,  200;  non- 
residents bringing  suits  to  give  bond  for 
prosecution,  410 ;  how  communities  may 
sue  and  be  sued,  500;  proceedings  in 
trespass  when  defendant  justifies  and 
demurs  on  plea  of  title,  501;  forms  of 
writs,  what  allowed,  502;  appeals  from 
probate  courts,  309,  545;  appeals  to 
queen  in  council  not  to  hinder  execu- 
tion, 480. 

Adams,  Abraham  v.   Hanford,  303:  

Daniel,  deputy  for  Svmsburv,  296,  371, 
395,  407,  434 :" John  415  :  Na- 
than, 127,  277:  Samuel,  303. 

Addresses  sent  to  the  King,  (Jan.,  1690,) 
17;  to  be  presented,  (1691,)  52;  (1692,) 
85;  voted  bv  the  freemen,  (lb 93,)  102; 
(in  1696,)  181;  to  congratulate  Q.  Anne, 
399;  for  relief  from  paying  for  defence 
of  New  York,  428. 

Adgate,  Thomas,  514. 

Adgeet,  John,  Wethersfield  v.  125. 

Administration  on  estate  of  deceased  per- 
son to  whom  granted,  306 ;  bond  to  be 
given  on  grant  of,  310. 

Adsell,  Capt.,  15. 

Agent  in  England,  Mr.  Porter  requested 
to  act  as,  17;  thanked,  52;  J,  Winthrop 


appointed,  102;  letters  sent  to,  181,  191; 
returns,  234 ;  Sir  H.  Ashurst  to  continue, 
469. 

Aguntus,  272,  351. 

Alarms,  proceeding  in  case  of,  118. 

Albany,  men  sent'to  aid,  1,  3,  14,  26,  87, 
159,  172,  219;  provision  sent  to  army  at, 
28;  grant  for  defence  of,  113, 118;  Gen. 
Winthrop  imprisoned  at,  38;  Indian  ne- 
gotiations at,  130,  132;  expense  of  Conn, 
for  defence  of,  191 ;  references  to,  56,  202. 

Allerton.  Mrs.  182. 

AUin,  Rev.  James,  193;  John,  540;  

Joshua,  418. 

Ailing,  Elizabeth,  widow  of  Rev.  James, 
has  leave  to  sell  land,  228. 

Ailing,  John,  deputj'  for  New  Haven,  78, 
89,  91,  101,  104,  120,  130,  138,  148,  174, 
197,  245,  265,  283,  296,  318,  327,  359, 
371,  395,  406,  434;  auditor,  109,  127, 
144,  254,  290,  379,  414;  justice,  260;  of 
the  qiiorum,  274,  347,  878,  414;  judge, 
467,  499,  532 ;  in  nomination,  441,  482, 
518;  elected  assistant,  460,  498,  531; 
present  in  court,  481,  520;  other  refer- 
ences, 293,  396,  462. 

Allumps,  272,  333,  351. 

AUyn,  Alexander,  127;  quarter  master  of 
the  troop,  320. 

Allyn,  Henrj',  his  land  may  be  sold,  56. 

AUvn,  .John,  present  in  court,  2,  9,  14,  32, 
53,  54,  64,  75,  78,  87,  89,  101,  104,  117, 
129,  148,  171,  173,  174;  chosen  lieuten- 
ant colonel,  4;  elected  assistant  and 
secretarv,  22,  42,  65,  91,  120,  134,  157; 
on  committees,  63,  102,  108,  109,  134, 
161,  180,  181;  on  Mass.  boundary  line, 
146;  to  revise  laws,  182;  on  military 
matters,  74,  82,  97,  146,  189;  corres- 
pondence with  Fletcher,  111-115;  com- 
missioner to  treat  with  the  Five  Nations, 
130;  his  death,  190;  his  widow  dissatis- 
fied with  distribution  of  his  estate,  216; 
other  mention,  76,  163,  175,  210,  513, 
536. 

Allyn,  John,  son  of  Thomas,  341,  356,368. 

Allyn,  Mathew,  525. 

Allyn,  Mathew  jr.,  lieutenant,  162;  cap- 
tain, 350,  465,^497;  deputy  for  Windsor, 
318,   327,  406,   434,  461,  481,  498,  520, 


550 


INDEX, 


531;  justice,  481,  499,  532;  committee 
of  war,  535;  on  committees,  351,  458; 
other  references,  188,  212,  228,  256,  257, 
276,  277,  323,  337,  341,  368,  393,  477, 
512,  516,  524,.  537. 

Allyn,  Samuel,  188,  425,  512. 

Allvn,  Thomas,  captain,  26;  distribution 
of  estate  of,  212,  341,  356,  368,  476,  512. 

Ambler,  Abraham,  58;  deputy  for  Stam- 
ford, 33,  42,  53,  55,  78 ;  justice,  288. 

Andrew,  Eev.  Samuel,  364. 

Andrews,    Abram    and    Sarah,    125: 

Jedidiah,  grant  to,  275;  Nathan,  462; 
ensia^i,  25;  captain,  320;  iustice,   467, 

500,"  532:  Samuel,  323,  449:  

Solomon,  477 ;  ensign,  401 : Thomas, 

477,  530.    -• 

Andross,  Daniel,  383. 

Andross,  Sir  Edmund,  36,  48,  51,  82. 

Andrus,  Jeremiah,  deputy  for  Bedford, 
197. 

Aplegbee,  Thomas,  254. 

Appeals,  from  probate  courts,  when  made, 
309,  545;  from  court  of  assistants  to 
general  assembly  not  admitted  in  civil 
cases,  200;  in  criminal  cases  liinited, 
545;  to  England,  governor  and  council 
to  write  to  lords  of  trade  about,  300;  to 
queen  in  council  not  to  hinder  execu- 
tion in  civil  cases,  4S0. 

Aramamat,  98. 

Armstrong,  Benjamin,  105,  418. 

Arnold,  .John,  418;  ensign,  228; Jo- 
seph, of  Boston,  58: Joseph,  368; 

deputy  for  Haddara,  3,  9,  23,  42,  54,  55. 

Ashborn,  Joseph,  47. 

Ashford,  grant  of  township  at,  537. 

Ashurst,  Sir  H.  colony  agent,  469. 

Ashlev,  Jonathan,  v.  Spencer,  429. 

Aspinwall,  Teter,  218,  322,  390;  lieuten- 
ant of  rangers,  465. 

Assistants,  how  nominated  and  elected, 
11,  81,  223;  number  to  be  nominated, 
175;  salary  and  fees  of,  175,  223,  281, 
304,  312,  330,  396,  408,  505;  to  be  rated 
in  minister's  rate,  377,  408;  when  not 
to  draw  warrants  in  civil  cases,  397,  408. 

Assize  of  cask,  .412,  519. 

Attachment,  addition  to  law  concernine;, 
99. 

Attorneys  for  the  queen  to  be  appointed 
in  each  county,  468. 

Auditors  appointed,  37, 110, 127,  144,  163, 
212,  254,  290,  325,  348,  379,  414,  469, 
506,  534;  allowance  to,  361. 

Austin,  John,  479. 

Avery,  James,  10,  96,  128,  140,  164,  210, 
237,  289,  336,  338;  deputy  for  New  Lon- 
don, 23,  66,  120,  138,  221,  395;  commis- 
sioner for  New  London,  24,  43,  66,  92, 
121,  139;  lieutenant,  26;  captain,  74;  an 
adviser  of  the  Pequots,  122;  committee, 
230. 

Avery,  John,  514;  ensign,  74,  93;  captain, 
212\ 

Avery,  Samuel,  330;  depiity  for  New 
London,  91,  101 ;  ensign,  507. 

Avery,  Thomas,  452 ;  captain,  93 ;  deputy 
for  New  London,  130. 


Backus,  John,  366,  417 ;  deputy  for  Wind- 
ham, 461: Joseph,  deputy  for  Nor- 
wich,  482,  521:  Williarn,  deputy 

for  Norwich,  9;  lieutenant,  93. 

Bacon,  Thomas,  513: Nathaniel,  182. 

Baldwin,    Abigail,   189:    Elizabeth, 

293:    Jonathan,   446:  John, 

514:  Joseph,  95: Samuel,  189: 

Silvanus,  lieutenant  of  dragoons,  21 ; 
deputy  for  Milford,  138,  148,  221,  245, 

28.3,  296: Timothy,  446: Zech- 

ariah,  v.  Eoswell,  205';  deputy  for  Mil- 
ford,  498,  521. 

Ball,  Allin,  471,  491,  527: John,  401. 

Banks,    Benjamin,    254,   541:  John, 

167: 'Obadiah,  51. 

Barber,  .Tosiah,  grant  of  land  to,  271,  276: 
Thomas,  214;  ensign,  25;  lieuten- 
ant, 252: William,'  188,  211;  freed 

from  training  and  rates,  79. 

Barlow,  John,  292.  522;  lieutenant,  507. 

Barnard,  Bartholomew,  536. 

Barnes,  Benjamin,  93;  deputy  for  Water- 
bury,  407'. 

Bassett,  John,  ensign,  321 ;  deputy  for 
New  Haven,  481: Nathaniel,  418. 

Bastard,  secret  delivery  of,  how  punished, 
285. 

Ba.stard,  Joseph,  94;  auditor,  37.  38,  110, 

127,  144  ;  deputy  for  Fairfield,  153. 

Bates,  John,  277 ;  deputy  for  Stamford,  3, 
174. 

Bate,  James,   322:  ilary,  widow  of 

Samuel.  322,  478. 

Bayard,  Joseph,  76:  Col.  N.,  letter 

from,  114. 

Beach,  Benjamin,  deputy  for  Stratford, 
343,  482:  ^ Thomas,  448. 

Beard,  John,  deputy  for  Milford,  2,  9,  15, 
23;  commissioner,  24. 

Beardslej^,  John,  lieutenant,  203 ;  captain, 
476. 

Bears,  Joseph,  292. 

Beckwith,  Joseph,  387,  394. 

Bedford,  petitions  for  a  patent  and  to  be 
under  Connecticut,  192;  eov.  Fletcher 
dissatisfied  with  action  of  Connecticut 
respecting,  195;  act  of  the  council  ap- 
proved by  the  assembly,  and  the  bounds 
of,  205;  aflfairs  of,  referred  to  the  gov- 
ernor and  council,  263 ;  military  officers, 
205,  276;  ministry  how  supported  in, 
270;  to  belong  to  New  York,  328,  335. 

Beebe,  James,  385 ;  commissioner  for  Dan- 
bury,  43,  66,  93,  139,  159.  201;  justice, 
273,"  347,  378,  414,  467,  500,  533;  lieuten- 
ant, 182 : Samuel,  82 ;  commissioner 

for  Danbury,  122 : William,  271. 

Beers,  .James,"  76. 

Belcher,  Andrew,  confirmation  of  land  to, 
450;  grant  of  land  to,  474. 

Beldin,  John,  ensign,  44;  lieutenant,  507; 
deputy  for  Norwalk,  55, 499 ;  other  refer- 
ences,' 76,  209,  537 :  Jonathan,  en- 
sign, 427. 

Bell,  Jonathan,  58 ;  commissioner  for  Stam- 
ford, 24,  43,  66,  93,  121,  139,  159,  201; 
justice,  261;  deputy  for  Stamford,  42, 
53,  296;captaiu,  253: Thomas,  144. 


INDEX. 


551 


Bellomont,  lord,   234;  committee  sent  to 
congratulate,  238,  251;  writes  in  behalf 
of  Mr.  Sabin,  321. 
Ben  Uncas,  355,  444. 
Benedick,  James  and  Samuel,  385. 
.  Benham,  Joseph,  his  administrators  may 
sell  land,  426.  1. 

Bennet,  James,  30,  230 ;  deputy  for  Fair- 
field,   9,    138,   148,   1<)7,  283,"  342,   371; 
lieutenant,  88,  476. 
Benton,  Andrew,   his  administrator  may 

sell  land,  516: Samuel,  516. 

Betts,  Daniel,  637 : Samuel,  deputy 

for  Norwalk,  92: Thomas,  deputy 

for  Norwalk,  66,  130,  461,  482,  521. 
Bevin,  John  and  Mary,  widow  of  Arthur, 

386. 
Bidwell,  John,  85;  Sarah,  his  widow,  337, 
446:  Nathaniel,  deputy  for  Middle- 
town,    158:    Samuel,    deputy   for 

Middletown,  221,  235,  244,  265,  434,  521. 
Billing,  William,  426 ;  deputy  for  I'reston, 

407;  ensign,  460. 
Bingham,  Thomas,  417. 
Birch  wood,  John,  commissioner  for  Nor- 
wich, 43,  66,  92;  deputy  for  Norwich,  55. 
Bird,  James,  grant  of  laud  to,  4U3,  423. 
Bishop,  James,  appointed  to  meet   with 
Massachusetts  and  Biymouth  commis- 
sioners, 3;  elected  deputy  governor,  22, 
42;  his  death,  54. 

Bishop,  John,  189:  Joseph,  justice, 

467 ;    •  Stephen,  deputy  for   Stam- 
ford, 327 ;  ensign,  526. 
Bissell,  Nathaniel,  277 ;  to  keep    Scantic 

ferry,  276: Thomas,  543. 

Black  sachim,  73. 

Blackieach,  John,  33,  341;  v.  Wyllis,  134; 

may  sell  land,  353 : liichard,  deputy 

for    Stratford,    15,    148,    158,    244,  283; 
commissioner   lor    Stratford,   139,    159, 
201;  Justice,  261,  347;   commissary, '.iO, 
38;  V.  iloadly,  274,  275,  387;  other  I'efer- 
ences,  28,  94,  214,  258. 
Blackwell,  (Japt.  510. 
Blake,  Alartha,  493. 
Bliss,  Samuel,  386,  418. 
Blydenburg,  Joseph,  230. 
Book-debts,   when   outlawed,  166;   when 
and  how  recoverable,  502. 

Booth,   Ebenezer,   76:  John,  deputy 

for  Stratford,  174. 

Borman,  Nath.  36: Jonathan,  ensign, 

257 ;  lieutenant,  427. 
Boundaries,  complaints  of  infractions  of 
law  concerning,  when  to  be.  presented, 
100. 
Bowe,  Hannah,  Mary,  Hebeccah,  538. 
Bower,  John,  deputy  lor  Derby,  407. 
Bowles,  Thomas,  289,  330. 
Bowman,  Quartermaster,  35. 
Bowtou,  John,  76. 
Boxford,  Ehiathan  and  Hannah,  67. 
Bowers,  John,  76;  lieutenant,  17;  deputy 

for  Greenwich,  92:  Rev.  John,  509. 

Boyd,  John,  rescues  the  remainder  of  the 
duplicate  charter  from  destruction,  264. 
Brace,  Henry,  478. 

Bradford,  Joseph,  514;  ensign,  386: 

Thomas,  deputy  for  Lyme,  327,  482. 


Bradley,    Abraham,    382,  386,   388,   448; 
deputy  for  New  Haven,  283,  296,  318, 

327,  481:  Nathan,  151;  deputy  for 

Guilford,  66,  79:  Stephen,  ensign 

of  dragoons,  21 ;  lieutenant,  25;  captain, 
252;  deputy  for  Guilford,  75,    92,  104, 

117,  120,  174,  265,  318,  327,  343,  369;  on 

committee,  85;  has  leave  to  sell  land, 
367;  other  references,  213,  262,  276,  388. 
Brainard,  Daniel,  deputy  for  Haddam,  66, 
75,  78,  92,  102,  105,  117,  138,  149,  174, 
197,  221,  235,  244,  265,  343,  359,  372, 
395,  407,  434,  461,  482,  499,  521,  532; 
freed  from  training,  71 ;  presented  to  be 
established  captain,  321;  justice,  347, 
467,  499;  other  references,  252,  277,  294, 

368,  386,  429: James,  ensign,  507: 

Joseph,  386;  Joshua,  ensign,  233. 

Branders  of  horses,  order  concerning,  85. 
Brantord,  riiilitary  officers  of,  35,  14y,  203, 

491,  533;  patent  confirmed,  433. 
Brewster,  Benjamin,  513;  deputy  for  Nor- 
wich, 3,  9,  23,  33,  66,  75,  78,  104,  120, 
130,  138,  148,  174,  197;  deputy  for  Pres- 
ton, 91;  commissioner  for  Norwich  and 
Preston,  24,  43,  60,  92,  121,  139,  158, 
201:  justice,  261;  lieutenant,  69;  cap- 
tain, 93: Daniel,  deputy  for  Pres- 
ton, 482,  521 ;  lieutenant,  460: Wil- 
liam, V.  Abimelech,  184,  208. 
Brinsmead,  Sarah,  widow  of  Daniel,  au- 

tliorized  to  sell  land,  425. 
Bristol,  Samuel,  95. 
Brocket's  bridge,  80. 
Bromfield,  Edward,  169,  187. 
Brooks,  Thomas,  277. 
Broughton,  John,  417. 
Bronson,  Abraham,  deputy  for  Lvme,  9, 
42,  55,  66,  102,   121,   130,  138,  148,  158, 
265,  2y6,  342,  435 ;  other  references,  280, 

341,  391,  429: Isaac,  10,  45;  deputy 

for  Lyme,  75,  92 ;  deputy  for  Waterburv, 
197,  359. 
Brown,  Deliverance,  192;  deputy  for  Rye, 

197  ;  justice,  261 : James,  415  : 

John,    514:    Nathaniel,  538:  

Samuel,  123. 
Bryant,  Alexander,  commissioner  for  Mil- 
ford,  43,  66,  92,  121,  139;  in  nomination 
for   assistant,   134,    157 ;    auditor,    lt'6 ; 
other   mention,  70,  119,  132,  428,  447: 

Samuel,  captain,  69. 

Buckingham,    Daniel,    493:   ^Lxry, 

granted  leave   to  sell  land,   530 :    

Sanuul,  deputy  for  Milford,  15,  23,  48, 

55,  64: Rev.  Thomas,  of  Say  brook, 

94,  363,  417,  473,  492: Rev.  Thom- 
as, of  Hartford,  grant  of  land  to,   289, 

340: Thomas,  ensign,  401. 

Buell,  Peter,  10,  125,  214,  259;  deputy  for 

Simsbury,  55,  174: Samuel,  38,  85, 

211,  419:  depiitv  for  Killingvvorth,  78, 
104,   174,   197,   244,  265,  31y,   342,    371, 
461,   482,    532;  justice,   467,    50u,    533; 
survey  of  land  lor,  170:  William,  135. 
Bulkeley,  Rev.  Gershom,  reputed  author 

of  a  pamphlet.  111: John,  415. 

Buh,  Jonatlian,  36,  45,  51,  60,  69,  203,  225, 
228,  229,  233,  254,  255,  258,  281;  sent  to 
treat  with  the  Maquas,  2 ;  at  Albany,  15  ; 


552 


INDEX. 


lieutenant,  5;  captain,  27;  major,  212; 
installed,  226;  deputy  for  Hartford,  197, 
221,  235,  244;  in  council,  216,  219,  234, 
242;  committee,  213,  215;  his  widow 
authorized  to  sell  land,  425,  512. 

Bull,  Joseph,  leases  land  of  the  Niantics, 
94;  charges  N.  Stanly  with  partiality, 

389: Thomas,  58,  356,  536:  deputy 

for  Farmington,  42,  53,  55,  64.  158,  343, 
359. 

Bunce,  Thomas,  36,  213,  356;  ensign,  202. 

Burchard,  John,  513,  514,  537:  Jo- 
seph, 515. 

Burcher,  Mr.  340. 

Burnliam,  John,  50,  394: Richard  and 

Samuel,  394: Thomas,  50,  394,  536. 

Burr,  Daniel,  205,  232,  254;  commissary, 
26. 

Burr,  Jehu,  in  nomination,  22,  42,  65; 
commissioner  for  Fairfield,  24,  43,  66; 
deputy  for  Fairfield,  43;  grant  of  lancl 
to,  84,  96;  his  proposition  concerning 
schools,  60. 

Burr,  John,  63;  deputy  for  Fairfield,  9, 15; 
in  nomination,  134;  chosen  assistant,  22, 
43,  66,  91,  120;  present,  32,  75,   76,  78, 

^89,  104,  117,  129;  auditor,  37,  38,  60,  94; 

_^captani,  17;  commissary,  88;  m.yor, 
134;  grant  of  land  to,  84,  96;  his  death, 

g^l38:  John,  jun.,  468;  deputy    for 

Fairfield,  461,  5-21. 

Burr,  Mary,  witlow  of  Samuel,  authorized 
to  sell  hind,  258. 

Burr,  Nathaniel,  deputy  for  Fairfield,  78, 
89,  104,  117,  148,  22lj  235,  245,  264,  318; 
attorney,  277  ;  other  references,  205,  229, 
232. 

Burr,  Feter,  522,  542;  auditor,  325,  348, 
379;  deputy  for  Fairfield,  328,  342,  359, 
396;  grant  to  as  speaker,  361;  justice, 
347,  378;  in  nomination,  360,  399,  441, 
482,  518;  elected  assistant,  406,  460, 
498,  531 ;  present  in  court,  434,  481,  520 ; 
on  committees,  399,  402,  403,  446,  462, 
520. 

Burrett,  .Tohn,  deputy  for  Stratford,  104, 

206,    461:    Stephen,    deputy    for 

Stratford,  42 ;  captain,  69. 

Burroughs^John,  514. 

Burrows,  iTancis,  169,  187. 

Bush,  Justis,  purchased  land  of  Indians 
illegally,  526,  642. 

Bushneil,  John,  164:  - —  Richard,  289, 
336,  367,  384,  514;  deputy  for  Norwich, 
42,  53,  66,  75,  78,  89,  91,  102,  120,  138, 
158,  174,  197,  221,  244,  283,  296,  371, 
407,  461,  482,499;  ensign,  93;  lieuten- 
ant, 270;  captain,  350;  justice,  278,  414, 
467,  500,  533;  of  the  council,  407,  442, 
489,  506;  member  of  the  court  of  in- 
quiry, 470;  on  committees,  431,  442: 
Samuel,  164,  184. 

Butcher,  John,  151,  153,  289,  305,  337;  to 
run  Mass.  and  Conn,  line,  135, 149. 

Butler,  Dr.  144: John,  49: Mary, 

widow  of  John  has  leave  to  sell  land, 

214:  Nathaniel,  v.  Saltonstall,  107; 

Samuel,  deputy  for  VVethersfield,  2;  en- 
sign, 5;  commissioner  for  VVethersfield, 
66. 


Buttolph,  James,  514: John,  79 ;  lieu- 
tenant, 4;  deputy  for  Wethersfield,  23, 

32,  42,  53,  54,  64,  65,  75,  78. 

Byfield,  Nathaniel,  commissioner  from 
Massachusetts,  204,  496. 

Cadey,  Nicholas,  541. 
Cadwell,  Edward,  259. 
Calkin,  John,  514. 

Camp,   Edward,  517: Samuel,  lieu- 
tenant, 270. 
Canterbury,  named  and  brand  appointed 

for,  446;  to  return  lists,  490;  rates  for 

town  charges,  510. 
Cary,  Joseph,  417 ;  ensign,  445 ;  deputy  for 

Windham,  521. 
Carpenter,  David,  his  widow  empowered 

to  sell  land,  425. 
Carrington,  Dr.  401:  John,  93:  

Peter,  freed  from  rates,  464. 
Case,  John,  deputy  for  Salisbury,  42,  53. 
Cask,  assize  of,  412,  519. 
Catlin,  John,  73. 
Cattapeset,  86. 
Chalker,  Abndiam,  lieutenant,  401 :  

Stephen,  452. 
Chandler,  Jolm,  151,  322,  390;  appointed 

county  surveyor,  325. 
Chapman,  Isaac,  418:  John,  19,  56, 

160,  473;  deputy  for  Saybrook,    9,  23, 

33,  66;  for  Huddam,  168,  221,  236,  265, 
359,  434,  461,  482,  4U9,  532;  captain,  60, 
633;  of  Saybrook  fort,  103;  terry  grant- 
ed to,  124,  280;  justice,  467,  499,  532: 
Nathaniel,  298;  deputy  for  Say- 
brook, 197,  221,  235,  296,   343,  369,  371, 

395,  461,  499,  521:    Robert,   448; 

deputy  for  Saybrook,  60,  76,  92,  102, 
104,  317,  121,482. 

Chappel,  Caleb,  514. 

Charter,  Mr.  Bo3'd  rescues  from  destruc- 
tion the  duplicate  formerly  saved  by 
Capt.  Wads  worth,  264;  to  be  printed 
with  revised  laws,  332. 

Chauncey,  Rev.  Charles,  grant  to  as  chap- 
lain, 36,  69;  preaclied  the  election  ser- 
mon, 379:  Key.   Israel,   256,  363, 

368,  390. 

Checkly,  Anthony,  127,  146. 

Cheegorup,  86. 

Cheeny,  VVilliam,  207,  253;  deputy  for 
Middletowu,  15,  23,  138,  149,  174;  com- 
missioner for  Middletowu,  24,  43,  66,  92, 
121,  139,  158. 

Cherry,  162. 

Chesebrough,  Nathaniel,  385 ;  deputy  for 
Stuningtou,  148,  521;  lieuteuaut,  276; 
captain,  507. 

Chester,  Joliii,  deputy  for  VVethersfield,  9, 
120,  158,  244, 264,  283,  295,  327  ;  speaker, 
284,  296,  330;  in  nomination,  167,  176, 
266,  296,  328,  359,  3y9,  441,  482,  515; 
elected  assistant,  342,  371,  406,  460,  498, 
631;  present  in  court,  358,  395,  434,  481, 
520;  auditor,  127,  144,  264,  290,  326,  348, 
6u6;  commissioner  for  VVethersfield,  24, 
43,  66,  92,  121,  139,  168,  201;  justice, 
260;  judge,  413,  467;  captain,  4;  major, 
401;  committee  of  war,  535;  on  commit- 
tees, 253    281,  290,  294,  305,  319,  324, 


INDEX. 


653 


332,  349,  362,  403, 535 ;  other  references, 

305,  321,  393,  460,  479,  518,  537:  

John  jun.,  35,  165,  233;  ensign,  4;  cap- 
tain, 257;  deputy  for  Wethersfield,  138, 
148,  174,  197;  in  council,  190-196,  216, 
234;  auditor,  163,  212;  committee,  212, 
215, 229 ;  commissioner  for  Wethersfield, 

201 : Samuel,  96 ;  to  run  boundary 

lines,  95,  133,  136:  Stephen,   his 

widow,  Jemima,  255;  his  lands  may  be 
sold,  518: Thomas,  518.    . 

Christophers,  Lt.  John,  grant  to,  239 : 

Richard,  commissioner  for  New  London, 
24,  43,  66,  92,  121, 139, 159,  201;  justice, 
347,  378;  deputy  for  New  London,  43, 
91,  101;  in  nomination,  134,  157,  175, 
222,  260,  296,  328,  359,  399,  441,  482, 
518 ;  elected  assistant,  283,  406,  4G0,  498, 
531;  present,  481;  commissary,  26,  88  j 
auditor,  414,  469,  506,  534;  on  commit- 
tees, 259,  281,  470;  other  references,  48, 
259,  289,  303,  318,322,387,425,466,541. 

Churcher,  Robert,  404. 

Churchill,  Benjamin,  141,  476,  543 ;  lieu- 
tenant, 350. 

Clark,  Daniel,  attorney,  96,  126,  305;  jus- 
tice, 260;  allowed  to  receive  land  of 
Owaneco,  422;  other  references,  450, 
514: Daniel,  jun.,  480: Eliza- 
beth, widow  of  Thomas,  (Hartford,) 
478:  George,  80,  446;  ensign,  93: 

Jane,  447;  Jonah,  141,  168: 

John,  deputy  for  Saybrook,  130,  158, 
174,  318,  343,  407,  434,  532;  grant  to, 
188;  lieutenant,  2S9;  commander  of 
Saybrook  fort,  381,  386;  auditor,  348; 
other  references,  294,  323,  334,  365,  400, 
401,  414,  417,  473,  493;  administrator  of 

Abimilech,  513:  John,  of  jNIiddle- 

town,  182 : John,  of  R.  L,  his  agree- 
ment with  Winthrop  referred  to,  363, 
400 : Ruth,  widow  of  Joseph,  262 : 

Thomas,   of  Milford,  67,  95,  462; 

deputy  for  Milford,  2,  33,  43,  53  66,  75, 
78,  87,  89,  91,  101,  104,  120,  130,  138, 
148,  158,  174,  197,  221,  245,  265,  342, 
359,  371,  395,  407,  435,  401,  481;  com- 
missioner for  Milford,  43,  66,  92,  121, 
139,  159,  201;  justice,  260,  347,  378,414, 

407,  500,  532  ;  committee,  220,  440 : 

Thomas,  of  Haddam,  277,  368,  386;  en- 
sign, 74;  lieutenant,  228: Timothy, 

141: William,  360,  493,  514;  depu- 
ty for  Lebanon,  499. 

Clarkson,  M.  letter  from,  115. 

Clawson,  Elizabeth,  tried  for  witchcraft, 
76,  79. 

Clement,  William,  his  administrators  em- 
powered to  sell  land,  493. 

Close,  Thomas,  deputy  for  Greeu\vich, 
197,  343. 

Coasset,  military  expeditions  to,  464,  517. 

Coach,  [Couchl,  Samuel,  306. 

Cockinchaug,  liberty  given  for  plantation 
at,  293 ;  committee  to  lay  out  town  plat 
at,  421 ;  named  Durham,  409,  472. 

Coe,  John,  522;  ensign,  252;  lieutenant, 
534;  deputy  for  Stratford,  359. 

Coit,  Rev.  Joseph,  420. 

70 


Colchester,  complains  that  Saybrook  men 
obstruct  the  settlement,  298;  named, 
299;  to  belong  to  New  London  Co.,  298; 
bounds  of,  305,  334;  disturbed  by  In- 
dian claims  333,  427;  horse  brand  of, 
413;  rates  how  levied,  415;  to  have  a 
patent,  415;  has  leave  to  embody  in 
church  estate,  445;  not  to  be  deserted, 
463.     See  Jei-emiah's  Farm. 

Colfax,  Jonathan,  appointed  serjeant  to 
conduct  men  to  Albany,  190;  allowance 
to,  202. 

Collins,  Dorcas,  authorized  to   sell  land, 

403 ;  act  repealed,  426 :    John,  426  : 

Mary,  127,  154,  161: Nathan- 
iel, 127,  i53,  389;  land  to  be  laid  out 
for,  422: Samuel,  101;  ensign,  17. 

Collegiate  school,  act  incorporating,  363; 
exemption  of  scholars  from  rates  and 
public  services,  440 ;  brief  granted  to 
raise  money  for,  454. 

Collver,  Edward,  366,  514. 

Commissaries,  repeal  of  law  concerning, 
504. 

Commissioners,  form  of  oath  of,  66 ;  pow- 
ers of,  94;  tenvire  of  office  by,  223. 

Commissioners  chosen  for  a  meeting  in 
Boston,  3,  10. 

Common  fields,  enclosures  in,  to  be  suffi- 
ciently fenced,  266 ;  majority  of  propri- 
etors may  determine  where  fence  shall 
run,  346;  fences  in,  how  maintained, 
410;  committees  of,  how  chosen,  544. 

Committees  of  safetj^  appointed,  462,  483. 

Communities,  how  they  may  sue  or  be 
sued,  500. 

Complaints  made  in  England  against  the 
colony,  520. 

Comstock,  Christopher,  76;  deputy  for 
Norwalk,  23. 

Cone,  Daniel,  429;  freed  from  poll  tax, 
254 : George,  522. 

Connant,  Exercise,  514. 

Constables,  when  to  make  up  their  ac- 
counts, 82;  vacancy  in  office  of,  how 
filled,  124. 

Contempt  of  court  punished,  71,  99. 

Converse,  Maj.  James,  delegate  from  Mas- 
sachusetts, 496. 

Cook,   Capt.  of   Boston,    89: Aaron, 

323,  350,  379,  392,  513,  533;  deputy  for 
Hartford,  221,  235,  244,  204,  283,  342, 
359,  371,  395,  531;  captain,  270;  in 
council,  243;  auditor,  379;  committee, 
396;  committee  of  war,  535: Sam- 
uel, 424: Thomas,  131;  his  admin- 
istrators empowered  to  sell  land,  424. 
447. 

Copp,  John,  537;  deputy  for  Norwalk, 
532. 

Cornbury,  lord,  letter  of  congratulation 
to  be  written  to,  379 ;  to  be  informed  of 
apphcation  for  relief  from  payment  for 
defence  of  New  York,  428. 

Cornell,  John,  deputy  for  Danbury,  407. 

Coinv/all,  Jonathan,  494,541: John, 

494:  Thomas,   his   administrators 

authorized  to  sell  land,  494,   541: 

William,  422. 


554 


INDEX 


Council  stated,  6,  14,  18,  26,  62,  73,  76,  84, 
98,  110,  134,  132,144,  154,  165,  180,205, 
226,  239,  280,  299,  320,  332,  348,  360, 
379,  399,  407,442,  469,  483,  488,  505,  519, 
534;  governor  may  appoint  a  president 
of,  61 ;  acts  of,  approved,  202,  205,  222, 
251,284,  321,  349;  to  prepare  bills  for 
acts,  261;  powers  of,  262,  283. 

Council  of  war  established,  442,  458,  535. 

Counterfeiters  or  debasers  of  money  may 
be  bound  to  good  behavior,  290. 

Counties  to  maintain  prisons,  361. 

County  courts,  how  held,  235,  261;  judge 
orjustice  sitting  in,  not  to  be  clerk,  251; 
place  of  absent  judge  how  supplied, 
436;  held  at  N.  Haven,  Sept.  1698,  not 
constituted  according  to  law,  274. 

Court  of  Assistants,  governor  may  ap- 
point a  president,  51;  time  of  May  ses- 
sion, 51,  311;  October  session  to  be 
held  at  New  Haven,  343 ;  provision  on 
failure  of  appointed  sessions  of,  344, 
435;  constitution  of,  376,  396,  412,  466, 
483,  490;  how  adjourned  in  want  of 
quorum,  436;  fees  of,  3.2. 

Court  of  inquiry  to  be  held  relative  to 
claims  of  Owane^o,  470;  governor  and 
council  to  commission  attorneys  to  rep- 
resent the  colony  at,  519,  534. 

Court  of  oyer  ami  terminer  special  com- 
mission of,  at  Fairfield,  76. 

Court  of  Frobate,  how  constituted,  268, 
410;  empowered  to  examine  persons 
chai'ged  with  concealing  estate  of  de- 
ceased person,  306 ;  may  allow  of  guar- 
dians, 308;  to  take  bond  on  granting 
administration,  310;  appeals  from,  reg- 
ulated, 309,  545;  fees  of,  101,  312;  place 
of  absent  judge  how  supplied,  436. 

Courts  to  preserve  good  order  and  to  give 
rules  for  pleading,  468. 

Coventry,  committee  appointed  to  lay  out, 
537. 

Cowells,  Samuel,  383. 

Crane,  Henrv,  38,  62,  150,  370,  449;  dep- 
uty for  Killingworth,  3,  42,  53,  92,  102, 
104,  117,  121,  130,  138,  149,  158,  327, 
359, 395 ;  commissioner  for  Killingworth, 
24,  43,  66,  92, 121,  139, 159, 201 ;  justice, 

261,  347,  278,  414;  captain,  491:  

Johu,   202;    deputy    for    Killingworth, 

407,   499,   521,    532: Jonathan,   181, 

366,  367,  385,  417;  ensign,  149;  lieuten- 
ant, 445;  deputy  for  Windham,  343, 
359,  395,  407,  499. 

Crery,  Mr.  164. 

Criminal  causes,  jury  after  pleas  and  evi- 
dence to  remain  together  till  they  agree 
•  on  verdict,  98;  witnesses  how  compelled 
to  appear  and  testify  in,  230,  410;  costs 
in,  how  paid  when  criminal  has  no  es- 
tate, 411 ;  attorneys  to  prosecute  for  the 
queen  in,  to  be  appointed,  468;  appeals 
in,  limited,  545. 

Crittenden,  Thomas,  151. 

Cross,  John,  98:  Peter,  181,  418: 

Samuel,  lieutenant,  276;  captain,  529. 

Crow,  Nathaniel  and  Deborah,  153. 

Curtis,  Benjamin,  521;  deputy  for  Sti'at- 
ford,  221,  435,  498,  532: Ebenezer, 


ensign,  534: Isaac,  165,  215:  — 

Israel,  10 ;  lieutenant,  35 ;  deputy  for 
Woodbury,  42,  55,  66,  75,  79,  92,  102, 
104  148,  174,  283,  407,  482;  commis- 
sioner for  Woodbury,  43,  66,  92,  121," 
139,159,  201: Jeremiah,  commis- 
sioner for  Stratford,  66: John,  340, 

541;    deputy  for    Woodbury,   158,   for 

Wethersfielil,  481: Joseph,  28,  !'3, 

214,  293,  319,  369,  462,  535;  deputy  for 
Stratford,  9,  23,  42,  66,  75,  92,  101,  121; 
commissioner  for  Stratford,  43,  66,  93, 
121, 139,  159,  201 ;  in  nomination,  175, 
222,  266,  296,  328,  359,  399,  441,  482, 
518;  elected  assistant,  244,  283,  318, 
342,  371,  406,  460,  498,  531;  present  in 
court,  264,  295,  327,  358,  395,  434,  481, 
520;  auditor,  163,  212,  254,  290;  lieu- 
tenant, 89;  judge,  261;  grant  of  land  to, 

299,   424: Thomas,    deputy    for 

Wallingford,  2,  9 ;  ensign,  491 : Wil- 
liam, deputy  for  Stratford,  66;  com- 
missioner for  Stratford,  24,  43,  66,  75, 
92,  121,  139,  159,  201. 

Danbury,  exempted  from  listing  dragoons, 
19;  freed  from  payment  of  rates,  67, 
385;  bounds  of,  67,385;  to  pay  rates  in 
1693,  104;  authorized  to  embody  in 
church  estate,  159;  to  have  patent,  385; 
patent  confirmed,  433;  military  ollicers 
of,  182;  not  to  be  broken  up,  403. 

Daniel,  one  of  the  Pequot  governors,  86, 
122,  202. 

Darbie,  Mary,  203. 

Davenport,  Rev.  John,  thanked  for  preach- 
ing election  sermon,  414. 

Davie,  John,  289. 

Davis,  John,  418. 

Davy,  Evan,  prison  keeper,  36 ;  his  wid- 
ow, 69,  168. 

Dawson,  Thomas,  120,  206. 

Dean,  James,  514. 

Debts,  when  to  be  paid  in  specie,  249. 

Deer,  act  for  the  preservation  of,  248 ;  re- 
pealed, 345. 

Deerfield,  soldiers  sent  to,  47 ;  called  home, 
100. 

Doming,  Jacob,  grant  to,  258,  281: 

John,  141. 

Deuison,  George,  deputy  for  Stonington, 
3,  92,  102,  105,  121;  captain,  5;  com- 
missary, 458  : John,  24 ;  deputy  for 

Stonington,  130,  148: Robert, 'dep- 
uty for  Stonington,   264: William, 

ensign,  276;  lieutenant,  507;  Sterry  i'. 
470. 

I  ennis,  Elizabeth,  494. 

Deputies,  not  to  depart  the  court  without 
leave,  223;  when  chosen,  223;  not  to 
speak  in  court  without  leave,  266;  roll 
of,  to  be  called  daily  during  the  session, 
1!69;  salary  of,  13,  llO,  181, 197,226,259, 
268,  302,  344,  459;  take  offence  at  act  of 
Capt.  Mason,  284;  acts  of  the  house  to 
be  recorded,  303 ;  clerk  of  house  of,  to 
be  sworn,  428. 

Deputy  Governor,  how  elected,  12. 

Derby,   neglects   to  return  list,   10;  ex- 


INDEX 


'>55 


empted  from  listiug  dragoons,  19 ;  horse 
brand  for,  413. 

Deserters,  proclamation  concerning,  156; 
J.  North  complained  of  for  harboring, 
163. 

Dewey,  John,  514: Josiah,  365,   493, 

514: Natlianiel,  514. 

DeWolf,  Edward,  387. 

Dibble,  Benjamin,  ai-rested  by  Blassacliu- 

setts  people,  443 : Samuel,  394 : 

Thomas,  3S4,  431. 

Dickerman,  Abraham,  24, 180;  deputy  for 
New  Hav3n,  2,  9,  15,  23,  54,  64,  6o,  75, 
78,  89,  91,  101,  104,  117,  120,  130,  138, 
148,  158. 

Dickison    Hezekiah,  02,  72:  Lydia, 

widow  of  John,  empowered  to  sell  land, 
369 : Thomas,  land  laid  out  for,  475. 

Dickison's,  stone  house,  543. 

Dimmick,  Shuball,418;  lieutenant,  427. 

Disatfection  to  the  colonial  government, 
88. 

Disborough,  Morcv,  tried  for  witchcraft, 
76,  79. 

Distribution  of  iritestate  estates,  167,  307. 

Divorce,  petitions  for,  37,  52,  59. 

Dix,  Samuel,  freed  from  training,  135. 

Dodge,  William,  429. 

Dogs  misery,  165,  215. 

Doolittlc,  John,  123. 

Douglas,  William,  10,  202,  289;  deputy 
for  New  London,  15,  33,43,  66, 197,  319, 
434,  461,  521;  of  the  council,  442. 

Drake,  Enoch  and  Sarah,  269: Job, 

162;    lieutenant,   350;    John,    34: 

Simon,  480. 

Drunkeness,  act  in  the  revision  of  1672  to 
be  in  force,  390,  408;  tippling  houses 
restrained,  145,  436. 

Dudley,  Gov.  Joseph  of  Mass.,  546;  de- 
sires aid  from  Conn.,  444,  456,  464: 

Joseph,  deputv  for  Guilford,  461,  482, 
521 : William,  62 ;  deputy  for  Say- 
brook,  3,  9,  23,  33,  43,  66,  79,  104,  117, 
121,  138;  commissioner  for  Saybrook, 
24,  43,  66,  92,  121, 139,  159,  201. 

Dunham,  Mary,  418. 

Durand,  John,  took  freeman's  oath  without 
qualitication,  511. 

Durham,  named  and  brand  appointed  for, 
469 ;  agreement  of  proprietors  con- 
firmed, 472;  and  Haddam  line,  528. 
See  Gockinchang. 

P^aton,  Theophilus,  71. 
Ecclesiastical  affairs : 

Colchester  has  leave  to  embody  in 
church  estate,  445. 

Danbury  has  leave  to  embody  in  church 
estate,  159. 

East  Guilford  desires  to  be  joined  to 
Killingwortli,  144;  granted,  151 ;  grant 
explained,  161,  382;  made  a  society, 
420. 

East  Haddam  desires  leave  to  embody 
in  church  estate,  229,  257 ;  granted, 
341. 

East  Hartford  asks  leave  to  have  a  min- 
ister, 127 ;  gi-anted  on  conditions,  136  ; 
has  liberty  to  embody  in  church  estate. 


S82 ;  all  inhabitants  there  to  pay  rates 
to  the  minister,  381,  477. 
East   Haven,  desires  to  be    a  society, 

471,  491;  granted,  527. 
East   New   London,  asks  permission  to 
embody  in  church  estate,  164,   210; 
granted,  445. 
East  Windsor  desires  to  have  a  minis- 
ter, 71,  leave  granted,  128,  grants  to, 
144,  208;  may  embody  in  church  es- 
tate, 167;  all  inhabitants  to  be  rated, 
256 ;  powers  of  the  society,  299. 
Fairfield   village   or   Poquanock,    asks 
leave  to  have  a  minister,  29,  46,  47 ; 
released  from  paj^ment  to  the  minis- 
try  of  Fairfield,  61;  liberties  granted 
to,  290. 
Farmington,    trouble    about   calling  a 
minister  at,  382;    a   minister  to    be 
provided   for,  471 ;  divided  into  two 
societies,  527. 
Glastonbury  has  leave  to    have  their 
own  minister,  25,  and  to  embody  in 
church  estate,  95. 
Greenwich,  divided  into  two  societies, 

507. 
Haddam  may  embodv  in  church  estate, 

140. 
Middletown  divided  into  two  societies, 

418. 
Waturbury   has   leave    to   embody   in 

church  estate,  46. 
Windham,  to  pi'ocure  a  minister,  67; 
desires  to  embody  in  church  estate, 
291. 
Ministers  to  forward  the  work  of  refor- 
mation, 29;  authorized  to  join  per- 
sons in  marriage,  136 ;  penalty  on 
towns  not  provided  with,  199;  pro- 
vision for  the  maintenance, — a  bill 
for  that  purpose  to  be  brought  in.  28 ; 
court  decline  to  explain  the  law,  73  ; 
laws  concerning,  198,  200,  316;  com- 
mittee appointed  to  consider  the  law, 
209;  price  of  grain  in  payment  of 
ministers'  rates,  225 ;  ministers  in 
Fairfield  Co.,  dissatisfied  with  the  law, 
259;  part  of  the  law  on  p.  198  re- 
pealed, 267;  exempted  from  payment 
of  rates,  287  ;  to  read  the  royal  proc- 
lamation against  irreligion  and  pro- 
phaueness,  376,  408;  to  stir  up  peo- 
ple to  reformation  societies,  468;  law 
title  Heretics  repealed,  546. 
Edgcom,  John,  237. 

Education:  children  to  be  taught  to  read, 
30;  free  schools  to  be  kept  at  Hartford 
and  New  Haven,  31 ;  town  schools  to  be 
kept  six  months  per  year,  31;  j\Ir. 
Burr's  proposition  about  schools,  50; 
grant  to  schools  in  New  London  and 
Fairfield  counties,  97  ;  grammar  schools 
to  be  kept  at  the  county  towns  and  pub- 
lic schools  in  the  other  towns,  331;  act 
for  maintenance  of  schools,  375,  408; 
land  granted  for  the  county  schools  to 
be  laid  out,  402. 

Edwards,    Daniel,    417: John,    229, 

396  ;  deputy  for  Fairfield,  395,  531 : 

Richard,  70,  169,  274,  355;  petitions  for 


656 


INDEX. 


divorce,  37,  52  ;  grunfed,  59;  attorney, 
61,  109,  127,  148,  165,  210,  305  ;  grant  to, 
88: Kov.  Timothy,  162,355. 

Eels,  Samuel,  30G,  462,617,  524;  deputy 
forJIilford,  9,  481,498,  521,  532;  captain. 
288;  justice,  378,  414,  467,  500,  532;  in 
nomination,  518. 

Eldred,  jMr.  274. 

Election  of  governor  and  assistants,  how 
made,  11,  81. 

Election  sermons,  Mr.  Pierponts,  25;  Mv. 
Hool^er's,  95;  Jlessrs.  Ilooliei-'s  and 
Wakeman's  to  be  printed,  106;  Mr. 
Noyes',  121;  Jlr.  Saltonstall's,  232,  243; 
Mr.  Woodbridge's,  251 ;  Mr.  Russell's, 
289;  Mr.  Pierson's  319;  ]\Ir.  Webb's 
and  Mr.  Hooker's  to  be  printed,  350; 
■Jlr.  Chauncy's,  379;  Jlr.  Davenport's, 
414. 

Eliot,  John,  394;  deputy  for  Guilford,-158, 
197;  for  Windsor,  342,  859,  371,  395,  406, 
434,  461,  408;  grant  to  as  speaker,  391, 
428,  442,  469,  518;  justice,  347,  378,  413, 
467,  496  ;  attorney,  275  ;  auditor,  409 ; 
on  committee,  16i,  204,  209,  214,  215, 
348,356,303,  458,  496;  on  K.  I.  boun- 
dary, 399 ;  member  of  the  court  of  in- 
quiry, 470;  in  nomination,  482,  518: 

Joseph,  304: JIai'y,  his  widow,  land 

to  be  laid  out  to,  262.' 

Ellsworth,  John,  v.  Abbj^,  124. 

Ely,  William,  294,  430,  518;  deputy  for 
Lvme,  3,  33,  66,  75,  92,  102,  121,  130, 
138,  197,  221,  235,  244,  265,  283,  319,  359, 
372,395,407,  435,  461,  498,532;  com- 
missioner for  Lyme,  66,92, 121, 139, 159, 
201;  justice,  261,  347,  378_,  414,  467,  500, 
533;  captain,  205;  auditor,  379;  on 
committees,  272,  292,  325,  383,  35 '.,396; 
of  the  council,  407,  505;  complaint  of 
Selden  against,  453,  480. 

Embargo  laid  on  provisions,  10,  154,  157, 

160,  166  ;  repealed,  200. 

Enfield,  encroacliments  by  inhabitants  of, 

161,  301. 

England,  bill  to  be  prepared  for  direction 
and  limitation  of  laws  of,  261;  proceed- 
ings in  actions  for  forcible  entry  to  be 
according  to  laws  of,  267,  repealed, 
440;  letters  from,  read,  297,328;  to.be 
written  to,  332,  348;  appeals  to, — gov- 
ernor and  council  to  write  to  lords  of 
trade  about,  300;  not  to  hinder  execu- 
tion in  civil  causes,  480;  complaints 
agaihst  the  colony  in,  469,  520. 

Eno,  James,  516,  544. 

Ephriaim,  86. 

Estates  of  deceased  persons,  acts  for  pre- 
venting fraud  respecting,  246,  306 ;  ad- 
ministration on,  to  whom  granted,  306; 
how  distributed,  167,  307;  executoi-s  to 
prove  the  will  or  decline  the  trust,  309. 

Evans,  Richard,  542. 

Evarts,  James,  538: Mary,  105. 

Evidence  in  crimmal  causes  how  obtained, 
236,  410. 

Excise  on  wines,  &c.,  249,  governor  to  ap- 
point collectors,  262. 

Execution,  how  served  on  the  body,  63, 
100,  546;  when  and  how  served,  141, 


160,  177;  estate  taken  by,  Avhen  re- 
deemable, 411;  in  civil  cases  not  hin- 
dered by  appeal  to  queen  in  council, 
480. 

Executors  to  prove  the  will  or  decline  the 
trust,  309. 

Eyre,  Elizabeth,  empowered  to  sell  land, 
'182,  293. 

Fairbanks,  Samuel,  23. 

Fairfield,  military  officers,  17,  150,  203, 
476,  507 ;  grammar  school  to  be  kept  at, 
331;  and  Norwalk,  line  between,  207, 
226,  252 ;  a  port,  374 ;  patent  confirmed, 
432-3. 

Fail-field  County,  grant  to  school  of,  97; 
military  officers,  21,  134. 

Fairfield  Village  named,  122;  militia  in, 
303;  liberties  granted  to,  290;  name 
changed  to  Stratfield,  357.  See  Po- 
quannock. 

Farmington,  negligent  in  pavment  of  rates 
36 ;  rnilitary  oflicers  of,  47,  58,  74,  142 
445 ;  trouble  about  choice  of  town  and 
church  oftlcers,  383,  459 ;  minister  to  be 
i:)rovided  for,  471;  divided  into  two  so- 
cieties, 528 ;  patent  confirmed,  432. 

Fasts  appointed,  6,  14,  49,  59,  161,  200, 
242,  305,  350,  379,  455,  460,  481,  518, 
542,  547. 

Farnum,  Peter,  188,  211. 

Fees,  act  establishing,  312;  of  courts, 
396;  of  naval  office,  397;  penalty  for 
taking  excessive,  314. 

Fellows,  John,  370,  391. 

Fence  viewers,  orders  concerning,  32,  50, 
85,  166,  177. 

Fences,  explanation  of  law  concerning, 
96;  owners  of  may  come  to  repair  with- 
out trespassing,  324 ;  orders  respecting, 
346,  410,  487,  544. 

Fenn,  Benjamin,  ensign,  476 : Joseph, 

95. 

Fenton,  Robert,  418. 

Ferries,  rate  of  fare  at,  156 ;  ferrj'men 
not  to  take  more  than  legal  fare,  248 ; 
law  in  revision  of  1672  repealed,  332; 
explanation  of  law,  366;  between  Strat- 
ford and  Milford,  57,241;  grant  to  J. 
Chapman,  124;  fare  at  Savbrook  ferrv, 
254;  at  Chapman's,  280;  N.  Bissell  to 
keep  ferry  at  Scantic,  276;  increase  of 
fare  at  New  Haven,  365;  grant  to  T. 
ilather  at  Lyme,  538. 

Fenwick,  George,  94. 

Ferris,  James,  ensign,  17 : Peter,  76. 

Finch,  Abraham,  426 : Isaac,  land  of, 

may  be  sold,  426. 

Fisk,  John,  390;  licenced  to  practice  med- 
icine, 139 ;  released  from  rates,  405. 

Fitch,  James,  chosen  assistant,  23,  42,  65, 
91,  120,  134,  157, 196,  318,  342,  371,  406, 
460,  498,  531;  present,  9,  14,  32,  75,  78, 
89,  101,  104,  148,  174, 193,  221,  235,  327, 
358,395,  434,481;  in  nomination,  134, 
175,  222,  266,  296,  328,  359,  399,  441,  482, 
518;  major,  189;  installed,  226  ;  auditor, 
37,  79;  grant  of  land  to,  40;  land  to  be 
laid  out  for,  14;  to  run  the  Jlassachu- 
setts  line,  146 ;  one  of  the  revisors  of 


INDEX 


557 


the  laws,  182;  to  have  charge  of  New 
London  fort,  219;  on  committees,  ISO, 
194,213,  214,  220,  229,  238,  305,442; 
Pahner,  v.  170;  Stoddard,  v.  210;  Free- 
man, V.  230;  W  iithrop,  v.  535;  com- 
plained of  for  illegal  purchase  of  land 
from  Owaneco,  305;  complaints  against 

JJfor  mal-administration,  368,  370,  391, 
430 ;  elsewhere  mentioned,  36, 38, 90, 108, 
109,  121,  129, 134,  259,  385,  396,  466,  543. 

Fitch,  Jeremiah,  366,  lieutenant,  385;  cap- 
tain, 465,  497 : John,  181, 417 ;  lieu- 
tenant, 149;  captain,  445;  justice,  467: 

Joseph,  27,  55,   514,   536;    deputy 

for  Windsor,  2,  9,  14,  91,  101;  captain, 

4,  16,  26: Nathaniel,  514: Sarah, 

404: Samuel,  279,404,  428,  514: 

Thomas,  119;  commissioner  for  Nor- 
walk,  24,  43,  66,  93,  121. 

Fletcher,  Col.  Benjamin,  correspondence 
with.  111,  149,  159,  170,  171,  173,  180, 
195,  207,  217,  219;  grant  to,  for  defence 
of  Albany,  118;  desires  aid  of  men, 
190,  191.' 

Fobes,  Caleb,  274,  336,  426;  deputy  for 
Preston,  265,  407,  461,  482,  521,  532. 

Fooks,  Henry,  126. 

Foot,  Nathaniel,  35,  44,  165,298,  334;  at- 
toniev,  169,  185;  deputy  for  Branford, 
265,  283,  318,  532. 

Forcible  entry  and  detainer,  justices  to 
proceed  in  action  of,  according  to  the 
laws  of  England,  267;  law  repealed, 
440. 

Ford,  Mar}^,  widow  of  Mathew,  author- 
ized to  convey  lands,  180,  321. 

Foreigners,   duty  laid  on  goods  sold  hy, 
^  167,  251. 

Fornication,  fines  for,  payable  to  county 
treasurer,  411. 

Fortific?itions,  duly  laid  ou  vessels  for 
maintenance  of,  129,  147 ;  to  be  erected 
in  each  town,  455. 

Fosdick,  Samuel,  46,  168,  272,  281,  289, 
303,  322;  lieutenant,  16;  captain  of 
troops  to  defend  N.  London  Co.,  219, 
222;  deputy  for  New  London,  130,  158, 
174,221,235,  265,  284,319;  present  iu 
council,  219;  committee,  161. 

Foster,  Rev.  Isaac,  land  to  be  laid  out  for 
heirs  of,  423. 

Fowler,  Abraham,  105,  276,  520,  522,  524, 
535;  ensign,  25;  lieutenant,  252;  cap- 
tain, 427,  465,497;  deputy  for  Guilford, 
221,  235,  244,  265,  283,  296,  343,  359, 
372,  395,  407,  434,  482,  521_,  532;  land  to 
be  laid  out  for,  262;  auditor,  379;  in 
nomination.  482,  518;  justice,  500,  532: 
John,  202. 

Francis,  John,  225. 

Freeman,  Joseph,  deputy  for  Preston, 
149,  221;  V.  Fitch,  230.' 

Freemen,  qualification  of,  11;  nomination 
and  election  how  made  by,  11,  223;  list 
of,  to  be  kept  and  called  at  town  meet- 
ings, 398,  409;  how  admitted,  482. 

French,  apprehension   of  attack  by  the, 
172,  217,  219;  proclamation   of  peace 
with,  234. 

French,  Lydia,  55. 


Frenchmen    travelling  from   Milford    to 

Albany,  their  expenses  to  be  paid,  321. 

Frink,  j'ohn,  230;  grant  of  land  to,  186, 

389. 
Frizbv,  John,  [deputy   for   Branford,  33, 

66,  75,  79: Mary,  203. 

Frontier  towns  not  to  be  deserted  or  broken 

up,  403. 
Fuller,  Samuel,  418. 
Fyler,  John  and  Zerubabel,  142. 
Gallop,  John,  336;  deputy  for  Stonington, 
158,   197,   221,264;  attorney,  170,370; 
committee,  202,  230;  land  to  be  laid  out 
i'or  heirs   of,   270;    complains    of  ISIaj. 

Fitch,   362,  391: William,    deputy 

for  Stonington,  407;  ensign,  507. 
Galpin,  Samuel,  76. 
Garrett,    Joseph,   grant    to,  for    digging 

prison  well,  356. 
Gates,  George,  229,  252,  257,  429;  deputy 
for  Haddam,  3,  9,  33,  42,  130,  244,  284, 
290,  319,  328,  343,  372;  lieutenant,  11; 
captain,  74;  discharged  of  captaincy, 
21'6;  commissioner  for  Haddam,  24,  43, 
66,  92,  121,  139,   159,  201;  justice,  347, 

378,  413 : Joseph,  229 : Thomas, 

ensign,  350;  deputy  for  Haddam,  497. 
Gaylord,  [Gaoler. J  Nathaniel,  lieutenant, 

527. 
General  Assem.blj^,  petitions  to,  not  be 
i-eceived  unless  paid  for,  200;  nor  to  be 
heard  unless  the  adverse  party  was  no- 
tified, 245;  when  petitions  must  be 
entered,  411;  deputies  not  to  depart 
from  without  liberty,  223;  nor  mem- 
bers speak  in,  without  leave,  260 ;  di- 
vided into  two  houses,  207,  282,  2S4; 
October  session  to  be  held  at  New  Ha- 
ven, 343;  civil  actions  not  to  be  ap- 
pealed to,  200;  method  of  managing 
public  aft'airs  in,  to  be  considered,  444. 
See  assistants,  depirties. 
Gennings,  .Jonathan,  181,  417. 
George,  alias,  Wiashanat,  159. 

Gibbons,   Jlr.   160: William,  90;  his 

legacy  to  the  Hartford  Grammar  School, 
31. 
Gibbs,— 70 : Hannah,  68 : Sam- 
uel, 394. 

Gilbert,   Amie,   541: Benjamin,   34, 

279: Jonathan,  337,  450: Josiah, 

62,  279 : Wary,  62,  274,  301 :— Sam- 
uel, 415;  ensign,  270. 

Gillett,  Cornelius,  271: Jeremiah,  338: 

John,   515: Miriam,   widow    of 

Jonathan,  394,  431 ;  empowered  to  con- 
vey land,  271,  338: Thomas,  269. 

Glastenbury,  allowed  to  bo  a  town,  25; 
named,  70;  may  gather  a  church,  95; 
to  be  rated  iu  1693, 104,  119;  freed  from 
rates,  128;  bounds  of  lands  at,  to  be  set- 
tled, 141;  military  officers,  253. 
Glover,  Jlr.  61. 
Goffe,  Margery,  widow  of  Jacob,  may  sell 

land,  321. 
Gold,  Nathan,  17,  25,  30,  38,  60,  63,  93 ; 
elected  assistant,  22,  42,  65,  91;  present, 
2,   14,    54,  75,    104;   grant  to,  107;  his 
death,  120. 
Gold,  Nathan,  jun.,  148, 260,  293, 540,  541, 


558 


INDEX 


642;  ensign,  17;  captain,  150;  deputy 
for  Fairfield,  65,  130;  commissioner  for 
Fail-field,  93,  121;  in  nomination,  134, 
175,  222,  266,  206,  328,  359,  399,  441,  482, 
518;  elected  assistant,  138.  157,  196, 
244,  283,  318,  342, 371,  406,  460,  498,  531 ; 
present,  148,  174,  191,  235,264.  395,  434, 
496 ;  grant  to,  225 ;  on  committees,   83, 

84,  194,  209,214,  362.  379,  399,  402,  403, 
446,  462,  496,  520;  judge  of  probate 
court,  268;  of  county  court,  324,  346, 
377,  413,  467,  499,  533;  of  court  of  as- 
sistants, 412.  466;  I.  Hall  complains  of, 
162;  his  absence  expected,  490. 

Goodrich,  Bartholomew,  lieutenant,  149: 

David,   lieutenant,    465,    497: 

Ephraim,  ensign,  253;  deputy  for  G!as- 

tenbury,  395: William,  119;  ensign, 

350. 

Goodsell,  Thomas,  527. 

Goodwin,  William,  Treasurer  vs.  479,  496, 
527. 

Goodyear,  John,  licensed  to  purchase  land 
of  the  Indians,  135. 

Gorum,  John,  418. 

Governor,  how  elected,  12;  to  appoint 
collectors  of  excise,  262 ;  takes  oath  to 
observe  the  navigation  act,  243, 258,  407. 

Grand  jury,  duty  of  respecting  the  edu- 
cation of  children,  30. 

Grannis,  Joseph,  448. 

Grant,  Samuel,  171,  543: Tahan,  127, 

142,  146. 

Grave?,  George,  62,  243;  his  death,  87:— 
— John,  85;  captain,  25;  deputy  for 
Guilford,  3,  33,  42,  54,  64,  66,  75,  79,  89, 
92,102,  104;  grant  of  laud  to  be  laid 
out  fur,  262 ;  his  administrators  empow- 
ered to  sell  land,  425,  478. 

Great  Swamp,  ecclesiastical  society  es- 
tablished at,  528. 

Greathead,  John,  120: Rebecca,  206. 

Greenwich,  negligent  in  paying  rates,  36; 
military  officers  of,  17,  180;  bounds  with 
Stamford,  163;  with  Rye,  421;  patent 
of,  confirmed,  433;  differences  at,  445; 
town  officers  established,  470;  divided 
into  two  societies,  507. 

Gridley,  Samuel,  383. 

Griffin",  John,  277 : Thomas,  447. 

Griggs,  Beniamin,  340. 

Griswold,  Jacob,  541: John,  38,  62, 

85,  294,  298,  421;  deputv  for  Killing- 
worth,  15,  197,  221,   235,  244,  283.   296, 

342,371,395,    407,  434,  401,    483: 

Joseph,  deputv  for  Killingworth,  9;  en- 
sign, 26: Mathew.  62,~'341,  429,  430: 

commissioner  for  Lyme,  24,  43,  66,  92, 
121,  139,  159,  201;  "deputy  for  Lyme, 
158,  482;  complains  that  deeds  of  his 

father's  lands    are   witheld,    338 : 

Thomas,  109. 

Gregory,  Jacin,  209 ;  deputy  for  Norwalk, 

138: John,  deputy  for  Norwalk,  148. 

Groton,  made  a  town^  510;  brand  mark 

of,  511,  519. 
Grummin,  Samuel,  67. 
Guilford,  military  officers  of,  25,  252,  427, 

626;  a  port,  374;  patent  confirmed,  433; 

east  farmers  desired  to   be   joined  to 


Killingworth church,  144;  granted,  151; 

to  pay  rates   to  Killingworth,  161,  382. 
Gunn,  jobamah,  ensign,  270. 
Gustin,  Joseph,  breaks  N.  London  jail,  383. 

Hackly,  Benjamin,  512. 

Haddam,  military  officers  of,  11,74,228, 
321,  350,  507,  533;  to  embody  in  church 
estate,  140;  ecclesiastical  troubles  at, 
277,  326,  889,  426;  Ben.  Uncas  com- 
plains of  inhabitants  of,  355;  patent 
confirmed,  433; — east  side  to  be  fenced, 
155;  desires  to  gather  a  church,  229, 
257;  leave  granted,  341;  and  Lyme 
hounds,  421,  430; — west  side  desires 
their  south  bound  ascertained,  386,  429 ; 
and  Durliam  bounds,  528. 

Haines,  William,  209. 

Hale,  Samuel,  35,  386,  475;  deputy  for 
Glastenburv,  149,  174,  221,  235,  359, 
372,395,  461,-482,  499,  521,  532;  lieu- 
tenant, 253 ;  land  to  be  laid  out  for  heirs 

of,  423 : Thomas,  land  to  be  laid  out 

for  heirs  of,  423,  475. 

Hall,   Abraham,   447: David,    deputy 

for  WaUingford,  372 : Isaac,  154, 164 ; 

grant  to,  for  seiwices  as  surgeon,  36,  202 ; 
controversy  with  his  brother  Samuel, 
46,    63,    72;  complains    of  Capt.    Gold, 

162 : John,  deputy  for  WaUingford, 

83,  42,  53,  130,  149,  174,  197,  343;  au- 
ditor, 534;  justice,  347,  378,  414,  467, 
500,  533;  other  references,  42^,  449:  — 

—  John,  ensign,  108;  captainTSOS;  dep- 
uty for  Middletown,  174,  283,  319,  327, 
343,    481,    498;    elsewhere   mentioned. 

338,  393,  494,  539,  541 : Toseph,  883, 

418: Samuel,   ensign,  Middletown, 

303;  deputv  for  WaUingford,  296,  318, 
359,  395,  435,  461,  499,  521;  captain, 
491;  controversy  with  Isaac  Hall,  46, 
63,  72 ;  his  administrators  may  sell  land, 
232: Thomas,  deputy  for  WaUing- 
ford, 221,  235,  244,  265,   283,  327,   407 ; 

grant  of  land  to,  276  : William,  418 ; 

ensign,  476. 

Hallam  [Holland],  24,  144,  303;  deputy 
for  Stonington,  138;  settlement  of  estate 

of,  3d2: Nicholas,  439;  hi?  complaint 

on  behalf  of  Owaneco,  469,  497. 

Haly,  Samuel,  144. 

Hamlin,  Giles,  death  of,  1,  23;  land  granted 
to,  to  be  laid  out,  153,  389,  422,  540:— 

—  John,  108,  180,  208,  233,  350,  413,  447, 
451,466.  524,  540;  deputv  for  Middle- 
town,  32,  42,  53.  55,  64,  65,  75,  79,  87, 
89,92.  105,  117;  commissioner  for  Mid- 
dletown, 43,  66,  92;  auditor,  55,79,  109; 
in  nomination,  91,  106.  134,  175,  222, 
266,  296,  328,  359,  399,  441,  482,  518; 
elected  assistant.  120,  138, 157,  196,  244, 
283,  318,342,  371,  406.  460,  498,531; 
present  in  court,  129,  171,  173,  174,  190, 
193,  195,  221,  235,  264,  295,  395,  434;  on 
committees,  109,  134,  181,  184,  204,215, 

272,  276,  278,  281,   333,   348,  351: 

William.  540. 

Hancox,  Thomas,  109;  prison  keeper,  60; 
censured,  195;  Seymor,  v.  213,  356; 
grant  to,  for  service  in  1675,  339. 


INDEX, 


559 


Hand,  Joseph,  151 ;  petitioner  in  behalf  of 
East  Guilford,  420. 

Hauderson,  James,  425,  478. 

Hanford,  Elnathan,  803: Samuel,  dep- 
uty for  Norwalk,  521 : Thomas,  167. 

Harris,  Daniel,  427,  430;  allowed  to  lay 

down  captaincy,  26 : Ebeuezer,  370, 

391: John,  430. 

Harrison,    Kathaniel,    captain,    533: 

Thomas,  ensign,  203. 

Hart,  John,  ensign,  142;  lieutenant,  445; 
auditor,  506;  deputy  for  Farmington, 
872,  395,  407,  434,  461,  498:  Ste- 
phen, 154;  deputy  for  Farmington,  2, 
117;   land  to  be  laid  out  for  heirs  of, 

213,   257,  529;  Thomas,    95.    140, 

154, 257,  451,  475,  524 ;  deputy  for  Farm- 
ington, 33,  65.  75,  79,  89,  92,  102,  104, 

120,  130,138,148,  174,  197,221,235,245, 
264,  296,  318,  328,  372,  395,  461,  482,  498, 

521,  531;  grant  to,  as  speaker,  330,  489, 

522,  535;  in  council,  218;  captain,  142; 
commissioner  for  Farmington,    66,    92, 

121,  139,  201 ;  justice,  260,  347,  378,  413, 
467,  499,  532;  committee,  305,  324,  349, 
399,  403,  423. 

Hartford,  free  school  to  be  kept  at,  31, 331, 
legacies  to  school  at,  31 ;  land  granted 
for  school  to  be  laid  out,  402;  division 
of  trainbands,  45,  254;  rank  of  military 
companies,  392 ;  military  companies  reg- 
ulated, 403;  military  officers.  5,  27,  133, 
202,228,270,  271,  351,  401,533;  fence 
on  east  side,  61,  203;  ferry  fare  at,  156; 
allowance  to  ferryman,  390;  highway 
to  be  laid  out  on  east  side,  08 ;  east  side 
desires  to  have  a  minister,  128 ;  granted, 
136 ;  has  leave  to  embody  in  church  es- 
tate, 352;  all  inhabitants  on  east  side  to 
pay  rates  to  minister  there,  381,  477; 
and  Wethersfleld  bounds,  165 ;  patent 
confirmed,  432 ;  fortified  houses  at,  456. 

Hartford  County,  assessment  of  land  in, 
62,  74,  361 ;  military  ofHcers  of,  4,  21,  68, 
212,  401,  507,  526,  534;  act  for  encour- 
agement of  troop  in,  177;  general  train- 
ing put  off,  189;  soldiers  raised  in,  in 
1705,  506,  535;  Windham  annexed  to, 
123. 

Haseltine,  Abraham,  126,  206. 

Hawkins,  Anthouj',  154;  his  grant  of  land 
to  be  laid  out,  323 ;  land  granted  heirs 
of,  529. 

Hawks,  John,  530. 

Hawley,  John,  deputy  for  Stratford,  395, 

521;  lieutenant,  465:  .Joseph,  524; 

commissioner   for   Stratford,  24:   

Samuel,  225,  526 ;  deputy  for  Stratford, 
33,  148,  221,  235,  327. 

Hayden,  Daniel,  deputy  for  Windsor,  138, 
158,  221,  235;  lieutenant,  232;  lieutenant 
of  the  troop,  258. 

Hayes,  Samuel,  76, 162,  16S,  207,  209,  226, 
385 ;  deputy  for  Norwalk,  9,  66,  75,  101, 
101,  121,  138,  158,  197,  221,  235,  245, 
264,  296,  318,  342,  395,  434. 

Haynes,  John,  203;  nominated  for  assist- 
ant, 157,  175,  266,  296,  328,  360,  399, 
441,  482.  518 ;  justice,  200,  347,  378,  413, 


467,  499,  532 ;  committee,  356 : Jo- 
seph. 536. 

Hayt,  Zerubabel,  209. 

Havward,  Edward,  76:  Samiiel,  v. 

Welles,  125;  Feck,  r.  142. 

Heathcote,  Caleb,  524. 

Heaton,  James,  deputy  for  New  Jiaveu, 
158,  174,  221,  235. 

Hebron,  294. 

Hemingway,  Abraham,  527 : ^  Samuel, 

527;  deputy  for  New  Haven,  221,  235. 

Henburj^,  Arthur,  v.  Simsbury,  125;  some 
of  his  estate  may  be  sold,  293. 

Henman,  Benjamin,  401: Titus,  dep- 
uty for  Woodbury,  283. 

Herbert,  Benjamin,  341. 

Heretics,  repeal  of  law  concerning,  540. 

Herriman,  John,  428. 

Hibbard,  Robert,  417. 

Hide,  Jabez,  514. 

Highways,  to  be  cleared  and  kept  in  good 
repair,  246 ;  how  laid  out  or  altered,  314 ; 
nuisances  on,  how  abated,  315 ;  between 
Killingworth  and  Saybrook,  85,  96;  be- 
tween ]\Iilford  and  N.  Haven,  98;  in  E. 
Hartford,  68. 

Higley,  John,  10,  142,  257,  274,  823,  512, 
524;  lieutenant,  25;  captain,  252;  dep- 
uty for  Simsbury,  3,  9,  42,  53,  55,  64, 
66,75,91,102,  105,  117,  121.  130,244, 
265,  283,  319,  342,  359,  461,  482,  499, 
521,  532;  commissioner,  43,  00,  92,  121; 
justice,  260,  347,  378,  413,  467,  499,532. 

Hill,  Elip_halet,  56,  229;  deputy  for  Fair- 

iiekl,  55, 121: James,  151: John, 

214:    Jonathan,   541;   lieutenant, 

271;  Owaneco  gives  land  to,  495: 

Luke,  140. 

HiUiard,  Edward,  70. 

History  of  New  England,  Mr.  Stow  thanked 
for  preparing,  144. 

Hitchcock,  Luke,  Osborn,  v.  452,  481. 

Hitt,  Henry,  56. 

Hoadly,  William,  v.  Blackleach,  274,  275, 
387  ;"y.  jMakenzie,  274. 

Hobart,  Kev.  Jeremiah,  his  difficulties  with 
Haddam,  278,  326,  389,  426. 

Hobby,  John,  76;  deputy  for  Greenwich, 
158",  197,  343. 

Hoccanum,  order  about  fences  at,  203. 

Hodgkis,  Joshua,  218;  grants  to,  238,  275, 
301,  339,  401. 

Holcomb,  Joshua,  10;  deputy  for  Simsbu- 
ry, 23 ;  Nathaniel,  125 ;  deputy  for  Sims- 
bury, 407,  434,  401,  499,  532. 

Holland,  Thomas,  240. 

Hollister,  Stephen,  69 :  lieutenant,  89 ;  com- 
mander of  an  expedition,  179;  lieuten- 
ant in  an  expedition,  217 : Thomas 

109 ;  lieutenant  of  an  expedition,  5. 

Holly,  Elisha,  deputy  for  Stamford,  318, 
842,  359,  461,  482 ;  auditor,  409 : In- 
crease, captain,  300. 

Holt,  Eleazar,  ensign,  460: Elizabeth, 

widow  of  Joseph  empowered  to  sell  laud 
253,  493:  Nathaniel,  493. 

Homonoscit,  people  there  wish  tolpay 
rates  to  Killingworth  ministry,  151. 

Hooker,  James,  421,  425;  deputy  for  Gull- 


560 


337:  depicR- »r  TaB^mgaam.  233L  £^. 
S&  SSS^3i&  4^£.  21.  iSl:  jndee.:^ 
ZE,  3C&.  ^IL  -i^.  «^  aSS:  csidb^Dei 

as  tBvwiCTaa.  £i3: XaihawiM.  »15: 

eoBSO.  533: Bager.  SiS: Ear. 

aMMiJLa.e;gaBBaoMSBnMpro<A- 
ei  iQr  In.  So;  fi»  fee  iniftBd.  US,  3S«: 

«a.  

aiK,3SSL3S£.3g': 

3C,  SI5:  aiaSE::  .    ir'- 

siSB.S^:!'.    .  :-:irr 


'tstScal  sacasnr   esfiad- 

-  in- **!!L 


PeqM^  »^  I3S,  IM,  see  - 

isC;  lease  iaad  te  J.  Be 
rrjA  a&  Albaxr,  I3IL  ll:^ 
&JV  1S§;   cant  cflafits: 

swlii,,  3B;   fH—Binic 

jaiLitiiLBt  aad  dfU'i  1  iB^gtl  tri. '  ~^  i 

b■dwiSl^^•S;  Weqaatm^  to  sacxeef 

^B  fitither  ia  goraBmeBt.  33S:  rfif^? 
bj.  m  Ctakkster,  3SS.  -i^T:  -sia9  ii^ij 

isoirdaase  lufe  o^  ^~>  '£^-'*^ :  fSLsoasco&i. 
t3  •eses^   I  I.I  wllillj-,  Aa  act  ajipear. 

ess^iam  bi.  4iJ:;  liouSs  to  be  ass^gd 
ius&jead  b^ass, 'SiS;  aUbvaace  to  ivl- 
tssoEes  ia  cat-in  a  m  war,  43£;  to  be  es- 
^iknrei  ia  nE&arr  serwice.  -iSS;  ]bb& 

b&gBSBck,3SiL 

I^s^a^L  Sa^iBd.  1£& 

TiuAggyr,  ac&  it  letiaiM  of  lC*3to  rf- 

mai^  iafivee^39S,  4^& 
fMt|MMijiin.  ouIeEs.  tobe  ehaeea,  SI;  le- 

peaaed,4liL 


»«. 


Jaanes, Ber.  Jak-.  rri^:   ::  JaoA  tai, 333« 

JaJBBtigBl.  PaTBJ,  21S. 

^   Jmes^inSiaa^TaechasedsaBdof  lafiazis 

T^wwjt,  s3S:   JcES^BCs.  Ifr.  31. 

SSI :  i5e9iSBBBi££.  -ImwuhiiiIIo'*  Fib^^  lafr-  - 
ai,  ^1;  tovHli^  -r^ 
CVJh  liiujim 
liK-:  '^g^adtr  Siar  Jsftosoa^  EboKzer,  3S,  3fi.  Tfi.  %ai,  39^. 
_  lie.  SL  2Siu       4«3.-iS3:  dte^ntT&rDabT.la.  ^  42. 
si.  93.  IM.  13&  US,  SU.  3S9,  39S.  31^. 
33i,  3^  3ia,  3^  S9S,  ^Hd,  ^ii,  4rL 
4S2,  a««:  nM—riiiiiiWtfir.  34.  fiS,  S3,  IS. 
13S.  lia,  an;  JB^ieev  3^3£^,  3;^41^ 
-rr  iiiT  <^-ii-:4c:.iirr.       ^jT,  aiii,  SSii  eqrtam  ia  OEped&saoBS, 
i>iii:  5^:i2asa=£,  Seic       a.  !«£,  £17;  of  eanaEgassoBer  Ssr,  31; 
v^Tfry^  47S:  iS'^g'iiiwwii  to  bare'  bwl  of  la- 
J«&a,14S,'     AsaSiM;  gm£  to,  Si;  cf  bni,  SS9; 
badtobebnl  otf  fir.  3Sv  3C;  am- 
■diaeeaBE.Lbaaa^Bir,  ^;  to  lor? 
caneeC  V  nmjM  iiiTfr  Iifl»a»g,,  455;  aJKn- 
stBES  &eeaBHB%  ootli  StegaZr,  Sll, 

Jd^SB,feBBC,3^3ii: JaaA,3^: 

J<mjM*g  18: Jofea.  Sll:  gr£::ii 

of  Iml  to  be  laaA  oaS  f  sr.  IS^  37i5 : 

Wilitiw.  543:  dtttMiH  fia'G^BgA,  3,  S. 
93^m,SSt,^9i,  1»;  l»d  to  be  hid 


.4  S®: SuMiJ. 


.'i!£HiB.331: TTtwrTHii) -SK":  dey- 

-  .-  "zr  -.f5aBia.si£,5rL«l.-!2!l. 


Jsoess,  Fi^BEXE,  43: 


t 


3faS&e«r,  1«S:— 
$: TboBBaf, 

'"lom^  'V^Bfaa^  ra  aaanaa^oia,  IM,  17i. 

■     SS;  cfaKei  i:s?r^*tiri  ^3:  -SS;  iliifwCj 
TisaEi^sseiSBtiC-       gawqumr.  '-  ".--^157, 1S«; 

acE  WE- l&e  reS^cC       pBesentt.  :  ■    g7, 8^  Ml, 

Hu.  :'"  _.-.  r   _.:I(!a  agmiptt 

.  j^aas.  SSS:  a»e:  jiia:^       Mr  :.i  eaiffiaiSaBa ««  reiaawa 

^  iiypaiagfd  JBu^  3S1; 

grEiii„ 21  > :  :5ee*&o« lats, 384; bos 


INDEX 


561 


daughter  marries  S.  Wikon,  354 ;  other  ' 
references,  25,  76.  244. 

Joseph,  ?6. 

Josiab,  86. 

Joshua,  his  crift  to  Norwich  gentlemer..  5-5. 
67,  to  Savbnx>k.  men,  2&i,  to  Hartt'-r-i 
men,  536 ;  other  references,  146.  153.  2oS. 

Judd,  John,  depatv  for  Farmingt'in,  65, 
75.  7d.   89,  117.  120.   130.  197.  221.  '2-35. '. 

245,  264,  434:  ensign,  142: Philip, 

51,    146: Tbom^is.    10,    bS:  en^'zn 

11;  lieutenant.  150:  depntv  for  Water- 
burr,  3, 33.  42, 53.  55.  66, 75".  79, 105, 1 17. 
121,  158,  174,  197,  221,  245,  265.  296. 
319.  :327.  342,  359,  372,  395;  for  Farm- 
ington,  104,  318;  commissioner,  24,  43, 
66,  92,  121,'  139,  158,  201:  justice,  26!J. 

347, 378 : Thooias,  f  deacon ),  deputv  i 

for  Waterburv,  174,  221,  342,  :395,  4o7,: 

482,  521 : Thoma~,  ensign,  427 :  dep-  ' 

uty  for  Waterburv,  435,  4>2,  499,'5;J2: 
justice,  413,  499,  533: WUliam  528.  '■ 

Judgment  to  be  endorsed  on  bills  or  bonds, 
when,  37. 

Judson,  James.  58.  293,  462,  524;  depntr 
for  Stratfordi  9,  15,  55,  78, 129,  174.  265.  ; 
283,  318,  34:3,  359,  407,  4:35,  521.532: 
lieutenant  of  dragtx>ns,  21 :  ensign,  203 ; 
lieutenant.  217:  captain,  252:  justice. 
347,378,  414,  467.  50",  533: .Jere- 
miah, deputy  for  Stratford,  2;  com- 
missioner, 24,  43,  92,  121 :  some  of  his 

land  may  be  sold,  293: John,  dep-  . 

uty  for  Lebanon,  532 

Juries  to  remain  together  till  they  agree 
on  a  verdict,  98 :  fine  for  neglect  to ; 
serve  on,  when  warned.  98;  repeal  of 
part  of  law  concemingr,  129. 

Jostice  of  the  Peace,  office  of.  constituted. 
235 :  may  require  sureties  of  the  peace 
and  good  behavior,  236 :  sitting  in  coun-  • 
ty  court  not  to  be  clerk  of  the  ciurt. 
251:  form  of  oath  of,  259:  form  of  com  , 
mission,  357,  approved.  259.  copy  to  be 
sent  to  towns  and  serve  for  justices  an- 
nually chosen,  346 :  jurisdiction  of,  260 ; 
mode  of  prxceeding  by,  in  actions  oi 
forcible  entry,  267 :  to  give  order  re- 
specting estate  of  idiots  and  lunatics. 
286:  fees  o^",  312:  freemen  empowered 
to  nominate,  :324,  repeale-l,  376,  40; ; 
to  be  rated  in  minister's  rate,  377 :  when 
not  to  draw  warrant  in  civil  cases,  397 : 
to  take  the  colony  laws  for  their  com- 
mission, 412. 

Keeler.  .John,  537 :  deputv  for  Norwalk. 

264.   :359.  461: Ra'ph.  259.  53T:  — 

—  Samuel.  209.  53" :  deputv  for  Nor- 
walk. 434.  -532.  '  I 

Keepaqnaui .  desires  to  be  confirmed  in  i 
p'^ssessioa  of  land.  517.  525".  I 

Kelsey.  John.  188.  211,  449:  ensign.  491: 
Stephen,  grant  to.  2S2.  ' 

Killingwonh.  neglects  to  return  list.  :3S. 
62 :  ro:»d  and  bridge  to  be  built  between 
K-  and  Saybr>»k.  85.  96:  petition  for 
sluice  and  bridge  at,  ISS,  211:  patent 
coulirmed.  433 :  :fraut  of.  and  new  p;i- 

71 


tent  to  be  given  to.  449 :  their  grant  of 
land  in  Dnrbam.  bow  disposed  of,  472: 
military  officers.  491. 

KiTEb*;r!v.  E'eazar.  95.  327:  deputv  for 
G  121.  158,  245.  26?:  com- 

:  -    121:  justice.  260.  347.378, 

41  r  "  T  - ._-.  532 :  ch'>sen  secretarv. 
15^.  1^7,  244,  283.  318.  342.  49S.  531 : 
present   in  council.   171.    173.  190-196. 

216-220. 234.  243 :  o- *    e  :o  revise 

laws.  182.  214:  or.  332.  :362. 

-520,  537:  member  :  inquiry-. 

470 :  in  nomination  for  i.-.iii:i.-.t.  482. 518. 

King,  letters  receive-i  from.  105.  172:  :i  1- 
dre^ses  sent  to.  17.  -52.  8-5.  102.  181: 
proclamation  by  for  apprehension  of 
persons  accr:-ed  ^f  h'?h  treason,  171; 
forbid:'   _      •  ■  -  "  ■  enter  service 

of  fort  _  -   -     '■'yr  preventjou 

of  irrel._  ^  _  __^;.en€S.-,  376:  as- 
sociation euiered  into  to  average  his 
death,  in  case,  173. 

Kirkum.  469. 

Kirkland.  John,  lieutenant.  401. 

Kitshawmaqutn.  if>.  123.  202. 

Knap.  -Joshua  and  Timothy.  509. 

Knell.  Isaac,  530. 

Knowles.  Thomas.  -530:  depntr  for  Strat- 
ford. -55,  &4.  371.  407:  ensign.  203;  lieu- 
tena;.t.  2-52. 

Knowiton.  Thomas,  lieutenant.  538. 

Lamentation  Hills,  450. 

Land :  assessment  of.  in  Hartford  countj, 
62:  penalty  for  trespas-s  on  enclosed. 
99:  complaints  for  breach  of  law  re- 
specting b«unds.  when  to  be  presented. 
100:  act  of  1684  for  limiting  right  of 
entry  on.  explained.  301 :  pnblic.  com- 
mittee :o  take  care  of  country's  inter- 
^t  in,  305.  :324.  349:  who  may  purchase 
of  Indians.  397.  4j8  :  outlands  how  rat- 
eii.  409:  valuation  of.  in  list,  411:  se- 
questered to  public  and  pious  uses  to 
remaia  for  the  -ame.  433:  in  frontier 
towns  fori'eited  by  deserters:  bought 
from  Indians  ilkgaUv.  526.  -542. 

Lane.  Isaac,  45.  -53» :  —  Robert.  188, 211 : 
deputv  for  Kiilinsworth.  28:3.  327,  :3-59. 
4:34,  499. 

Latham.  Joseph.  289. 

Lathrop.  -John,  12-3. 

Lattimer.  Robert,  ensign.  491 :  depntr  for 
New  London.  49S. 

Law,  Jonathan,  deputy  for  MilfonL  533: 
justice,  .533. 

Laws,  committee  to  consider.  161.  2-53: 
committee  ro  revise,  182,  191.  20L  214, 
requested  to  go  on  with  revision.  281 : 
revised  laws  to  be  i>rinted-  332.  -362:  act 
ordering  laws  printed  to  be  suspended 
and  former  laws  revised.  343 :  revised 
laws  when  in  force  and  how  distribute"!, 
396 :  not  containe-i  in  new  b«x>k  repealed, 
488 :  of  England,  bill  to  be  prepared  for 
limitation  of.  261. 

Lav.  Robert.  47:5. 

Leather,  act  to  prevent  frauds  rn.  74:  none 
allowed  to  tan  without  licence,  82. 


662 


INDEX. 


Lebanon,  controversy  concerning  lands 
at.  184,  215,  233;  nnmed,  220;  commit 
tee  appointed  to  view,  290;  bounds  of, 
305,334,366;  granted  town  privileg-es, 
334;  has  leave  to  gather  a  church,  330; 
rates  have  been  raised  in,  335;  brand 
for,  290,  413;  military  ofTcers,  385;  un- 
settled st^ite  of  sontl'i  line,  471,  491;  to 
return  lists,  490;  deed  of  Owaneco  con- 
firmed, 513 

Lee,  Stephen,  515: Thomas,  280;  en- 
sign, 350. 

Lees,  William,  209. 

Leete,  Andrew,  76;  chosen  assistant,  22, 
42,  65,  91,  120,  138,  157,  196,  244,  283, 
318,342,  371;  present,  2,  9,  32,  53,  54, 
75,  78,  101,  104,  129,  148,  174,  221,  264, 
327,  358,  395;  in  nomination,  134,  175, 
222,  266,  296,  328,  359,   399;  grant   of 

land   to,  202,   213;  his  death,  406: 

John  and  Mary,  105,  188. 

LetBngwell,  Thomas,  d^-puty  for  Norwich, 
3,  23,  33,  42,  53,  55,  91, 102,  104, 148,  158, 
318,327,  407;  petitions  for  land,  186; 
ensign,  351;  other  mention,  57,  128 
1511,' 15.3,  323,  336,  417,493. 

Leisler,  Jacob,  letter  to  be  written  to,  10; 
desires  to  raise  volunteers  for  Canada, 
15;  soldiers  vuiwilling  to  march  under 
major  appointed  by,  27. 

Lemiug,  Aaron,  386. 

Lester,"  Andrew,  383;  deputy  for  New 
London,  104,  117,  148,  174,  196.  461, 
498,  for  (}roton,  532. 

Letters,  public,  to  be  recorded,  349. 

Lewis,    Mrs.   62: Philip,   70,    78,    93; 

deputy  for   Fairfield,  245: Samuel, 

131;-^^ —  William,  deputy  for  Farming- 
ton,  9,  23;  com'uissioner,  13.  24. 

Lieutenant  colonel,  powers  of,  5. 

Lintkhorn,  Samuel,  418 

Listers,  duty  ot,  409,  502. 

Lists,  to  be  returned  under  penalty  of  be- 
ing rated  will  and  doom,  6;  prices  of 
cattle  and  land  in,  74;  cattle  left  out  of, 
to  be  forfeited,  80;  those  neglected  to 
give  in  true  account  of  their  stocks  to 
be  presented,  81;  inspectors  of  list  to 
be  chosen,  81,  repealed,  440;  to  be 
transmitted  yearly  to  N.  Haven,  344; 
errors  in,  how  corrected,  39S,  408,  409; 
what  to  be  included  in,  412;  ten  per 
cent,  to  be  added  to  as^^essment  on  those 
neglected  to  give  in,  439,  repealed,  503; 
lists  of  persons  and  estates,  9,  33,  56, 
79,  106,  131,  149,  175,  222,  265,  297,  329, 
360,  405,  441,  489,  521. 

Liveen,  John,  controversy  about  his  will, 
39,  49,  430. 

Livingston,  Robert,  131 ;  desires  that  forces 
be  sent  to  Albany,  15. 

Loekwood,  Daniel,  205,   232 : Joseph, 

deputy  for  Fairfield,   158 : Kobert, 

509. 

Long,  Thomas,  337: William,  293. 

Loomis,  Nathaniel,  425,  543: Samuel, 

415 : Timothy,  543. 

Lord,  Richard,  (Hartford,)  536;  lieuten- 
ant of  the  troop,  320;  justice,  499,  532; 


auditor,  534;  on  committees,  351,  356: 
Richard,  (Lyme)  ensign,  445. 

Lathrop,  Samuel,  186. 

Lunatics  and  idiots,  act  for  relief  of,  285. 

Lyman,  Richard,  514. 

Lyme,  military  officers,  69,  205,  350,  445; 
V.  Tinker,  154;  and  Haddam,  bounds 
between,  421;  patent  confirmed,  432. 

Lynde,  Nathaniel,  94,  225,  272;  commis- 
sioner, 24,  43,  66,  92,  121,  139,  159,  201 ; 
justice,  261,317,  378,414,  467,  500,533; 
deputy  for  Saybrook,  130,  138,  148,  174, 
221,  235,  244,' 265,  328,  359,  371,  395, 
434,  461,  482,  499,  521,  532;  in  nomina- 
tion for  assistant,  134,  157: Sam- 
uel, sent  by  Gov.  Dudley  to  ask  aid,  496. 

Lyon,  John,  eu'^ign,  205 : Sainuel  and 

Joseph,  heirs  of  Thomas,  Wilson  v.  424, 
530. 

Lyron,  Lewis,  forfeiture  remitted  to,  539. 

Maccum,  Mr.  127. 

Mahomet,  444;  declared  successor  of 
Owaneco,  86. 

Main,  Kzekiel,  deputy  for  Stonington,  174. 

M;ikenzie,    Dugall,  v.  Hoadly,  274. 

Maladministration,  com))laints  against  Ma- 
jor Fitch  U)\  368,  370,  391,  430;  against 
Wdliam  Pitkin,  453;  against  William 
Ely,  453,  4«0;  act  for  relief  against, 
376,  repealed,  409. 
Alaliary,  Joseph,  150. 

Maltbv,  VVilliam,  dnputy  for  Branford,  2, 
9,  15,  23,  42,  51,  55,  105,  120,  149,158, 
174,  197,  221,  235,  214,  283,  296,  327,  342, 
359,  372,  395,  407,  499,  521,  532;  ensign, 
35;  commissioner,  18,  24,  43,  92,  121, 
201 ;  ju-^tice.  260,  347,  378,  414,  467,  500, 
532;  committee,  56,  226,  253;  has  leave 
to  buy  lauil  of  Indian,  390,  495. 

Mamohoe,  one  of  the  I'equot  governors, 
86,  122,  140. 

Man,  AVilliam,  50,  394. 

Mansfield,  Moses,  24,  76,  260,  274,  293, 
388;  deputy  for  New  Haven,  2,  9,  15, 
23,  33,  42,  53,  54,  64;  in  nomination,  22, 
42,  134.  175.  222,  266,  296,  328,  359,  399; 
chosen  assistant,  65,  91,  120,  138,  157, 
196,  244,  283,  318,  312,  371,  406;  present, 
78,  87,  89,  101,  104,  117,  129,  148,  171, 
173,  174,  194,  221,  264,  295,  327,  358, 
395;  auditor,  37,  79;  on  committee,  28, 
149,  226,  414;  grant  to,  107;  appointed 
major,  134,  installed,  226;  judge,  261, 
2S8,  346,  377,  413;  his  death,  435. 

Mansfield  made  a  town  and  brand  appoint- 
ed for,  38 1;  interpretation  of  part  of  act 
concerning,  405  ;  to  have  a  patent,  418; 
not  to  be  deserted,  463;  military  offi- 
cers, 427,  ''76;  to  return  lists,  490;  coun- 
try rates  allowed  to,  517. 

Manufacture  of  Salt,  act  to  encourage,  43. 

Man  waring,  Oliver,  494,  512 : Richard, 

429. 

Maquas,  Capt.  Bull  sent  to  treat  with,  2. 

Markham,  Daniel,  161. 
Carriage,  ministers  allowed  to  join  par- 
ties ia,  136. 


INDEX. 


563 


Marsh,  John,  337,  423 ;  deputv  for  Hart- 
ford, 101,  117:  Joseph,  514. 

M:irsh;ill  m:iy  call  aid  in  execution  of  liis 
office,  143;  to  be  called  slierilf,  2S0. 

Marshall,  widow  of  John,  has  leave  to  sell 

land,    215:    Thomas,  deputy  for 

Greenwich,  407,  434. 

Martin,  John,  326: Samuel,  424. 

Marvin,  Mathew,  deputy  for  Norwalk,  121, 
197,221;  committee,' 209. 

Mashanshawitt,  333,  351. 

Mason,  Daniel,  354,  514;  deputy  forSton- 

ingtou,  359:  Hannah,  has  leave  to 

sell  land,  292: Hezekiah,  514:  

John,  208,  514;  captain,  385. 

Mason,  Samuel,  to  attend  a  meeting  of 
commissiouprs  in  Boston,  3,  10;  chosen 
assistant,  22,  42,  65,  91,  120,  134,  157, 
196,  244,  283,  318,  342,  371;  in  nomina- 
tion, 131,  175,  222,  266,  296,  328,  359, 
399,  4U;  present,  75,  78,  87,  129,  148, 
173,  174,  222,  264,  295,  327,  358;  in  con- 
nexion with  Indian  affairs,  73,  86,  108, 
122,  140,  196,  207,  218;  on  committees, 
90,  108,  131,  144,  188,  204,  230,  247,  253, 
278,  299;  concerning  R.  I.  boundary, 
243,  259,  362;  act  of,  gives  otfence  "to 
the  deputies,  284;  takes  assistant's  oath, 
298. 

Massachusetts,  soldiers  sent  to  aid,  47,  67, 
89,  149,  179,  196,  218,  496,  457,  4'.8,  483, 
506,  535;  troops  may  be  called  home 
from,  189;  p:-oposit;ions  from  for  mili- 
tary expeditions,  204,  216,  444,  464,496, 
517;  contribution  for  relief  of  garrisons 
in,  64,  for  relief  of  poor  in,  193;  letters 
sent  to,  180,  204;  boundary  line  between 
Conn,  and,  95,  135,  146, 'l55,  161,  192, 
193,  301,  319,  400,  413,  491,  523,  report 
of  committee  on,  exhibited,  406,  monu- 
ments to  be  set  up,  431;  complaint 
made  thai  Conn,  does  not  assist,  497. 

Massecup,  98. 

Mather,  Atherton,  ensign,  232: Cot- 
ton, 193: Increase,  17,  193;  thanked, 

52,54: Rev.   Samuel,   53,  151,152, 

363,  390:  Samuel,  jr.,  licenced   to 

practice    physic,    390:    Timothy, 

grant  of  ferry  to,  538. 

Mathews,  Daniel,  132,  195. 

Matowhash,  57. 

Mawtowith,  107. 

Mawdsly,  John,  61 ;  captain  of  dragoons, 
21.      " 

Mead,  Ebenezer,  509;  deputy  fir  Green- 
wicii,  130,  283,  39  5,434,   -"3  L ;  justice, 

414,   500,  533:  John,    de|)Uty   for 

Greenwich,  42,  55: Nathaniel,  his 

widow  petitions  for  sale  of  land,  447. 

Mecock,  Thomas,  deputy  for  Gadford, 
138,  149. 

Medical  practitioners  licenced,  139,  256, 
390. 

Meigs  John,  151. 

Meredith,  John,  appointed  surveyor  of 
Fairfield  Co.,  132. 

Meriden,  Ca[)t.  Belcher's  farm  at,  450, 
474. 

Merriman,  Anna,   150:   Cilob,  448: 


John,  426,  448 ;   deputy  for  Wal- 

lingford,  221,  235,  244,  265,  296,  318, 
327,  343,  3S9,  407,  435,  461,499,521, 
532;  grant  of  land  to,   276;  lieutenant, 

491:   Mary,   448:   Nathaniel, 

45,  69 :  Samuel,  448. 

Merritt,  Thomas,  petitions  that  Rye  may 
be  under  Conn.,  192;  deputy  for  Rye, 
296; 

Merwin,  Thomas,  540. 

Messenger,  Andrew,  deputy  for  Norwalk, 

174,  328,  359,  371;  Edward,  deputy 

for  Norwalk,  42. 

Mew,  Anne,  deed  of,  confirmed,  479. 

Middletown,  military  affairs,  17,  26,  35, 
45,  168,  445;  trainband  divided,  289; 
rank  of  trainbands  in,  393;  bridge  at, 
189,  207,  229;  toll,  263,  273;  v.  Bacon, 
182;  inhabitants  may  buy  land  of  In- 
dians, 212,  257;  divided  into  two  soci- 
eties. 418;  patent  confirmed,  432. 

Milborn,  .Jacob,  soldiers  unwilling  to 
march  under,  28. 

Miles  Jolin,  76;  captain  of  dragoons,  21; 
captain,  25,  88;  deputy  for  N.  Haven, 
33,  42;  allowance  to,  400,  442. 

Milfoni,  and  Stratford  ferry,  57,  156,  241; 
military  officers,  69,  93,  270,  386,  476; 
highway  to  N.  Hiiven  from,  98 ;  a  port, 
374;  iniiabitants  licenced  to  buy  lauds 
at  Wiaiitohuck,  389;  patent  confirmed, 
433. 

Militia  and  Military  affairs:  power  of  a 
lieutenant  colonel,  5;  relief  withdrawn 
from  N.  York,  10;  men  sent  to  Albany, 
16,26,87,  159,  172;  provision  for,  18; 
military  watches  ordereil,  18,  charge 
to,  20;  dragoons  to  be  listed,  19,  dis 
banded,  41;  wages  of  ■soldiers,  19,  90, 
97,  170,  190,  243,  440,  456,  464,  483,  486; 
guns  lent  to  N.  London,  19;  fortificn- 
tions  to  be  made  in  every  town,  20,  456; 
soldiers  unwillmg  to  be  under  Milljorn, 
27  ;  ammunition  to  l)e  provided,  37,  349, 
3'i9;  desertion,  how  punishedj  41;  sol- 
diers sent;  to  Deertield,  47,  called  home, 
106;  trainbands  to  be  equally  divided, 
48;  soldiers  in  Nortiitield  expedition  to 
be  paid,  59,  281;  fortifications  at  N. 
London,  48,  97;  contribution  for  relief 
of  garrisons  at  the  east,  64;  men  sent 
to  Mass.,  64,  89,  90,  179;  scouts,  how 
dn-ected,  68;  times  of  training,  80;  king 
to  be  addressed  on  subject  of  militia, 
102;  commissioners  meet  at  N.  York  to 
determine  tlic  quotas  of  each  colony, 
105;  controversy  with  Fletcher  respect- 
ing command  of.  111;  proceedings  in 
case  of  alarms,  118;  provision  for  sup- 
port of  forts,  129,  147;  deserters  to  be 
arresteil,  156;  preparation  agiinst  a 
French  invasion,  172;  penalty  for  defect 
in  arms,  177;  act  for  encouragement 
of  the  troop,  177;  men  may  be  called 
home  iVoin  Hampshire  Co.,  189;  troops 
sent  to  N.  Y.,  190;  expenses  of  colony 
for  defence  of  .Mas^^.  and  N.  Y.,  191; 
Mass  proposes  to  raise  troop-,  2U4;  gov 
ernor  and  council  empowered  to  raise 


564 


INDEX, 


men,  205;  expedition  to  recover  New- 
foundland referred  to,  216;  men  raised 
for  defence  of  N.  York,  217  ;  soldiers  in 
eastern  expedition  taken  sick,  238 ;  pro- 
vision for  care  of  forts,  380;  council  of 
war  established,  442,  535;  measures 
taken  for  defence  in  1704,  455,  496; 
committee  of  safety  appointed  in  each 
county,  462,  483;  Indians  to  be  em- 
ployed, 463;  penalty  for  soldiers  spoil- 
ino;  or  selling  arms,  485 ;  towns  to  pro- 
vide snow  shoes  and  Indian  shoes,  486, 
497;  duty  of  captains  appointed  to 
impress  soldiers,  504;  400  men  raised 
in  Hartford  Co.  in  1705,  506 ;  expedition 
to  Coassett,  464,  517  ;  drums,  colors,  &c., 
how  procured,  224;  majors  installed, 
226;  powers  of  majors,  245,  393,  457; 
soldiers  not  to  list  into  the  troop  with 
out  liberty,  245;  soldiers  to  train  four 
times  per  year,  250;  rank  of  military 
compauies,  392;  field  officers  not  to 
command  companies,  393;  fines,  how 
collected,  411;  oflicers  not  to  lay  down 
commissions  without  leave,  487. 

Miller,  Goody,  indicted  for  witchcraft,  76. 

Ministers,  to  forward  work  of  relorma- 
tion,  29;  empowered  to  join  persons  in 
marriage,  136;  law  for  their  maintain- 
ance  to  be  jjrepared,  28,  209:  court  de- 
clines to  explain  the  law  for  their  maiii- 
tainance,  73;  provisions  for  their  sup- 
port, 198,  200,  267,  287,  316;  ministers 
in  Fairfield  county  dissatisfied  with  the 
law,  259;  exempted  from  rates,  287;  to 
read  ])roclamation  against  irreligion  and 
prophaiieiiess,  376,  408;  to  encourage 
reformation  societies,  468. 

Minor,  Clement,  10;  deputy  for  New  Lon- 
don, 78,  158:  I'Hnathan,  deputy  for 

Stonington,  521 :  Kpliraim,  24,'  128, 

276;  dt'putv  for  Stonington,  15,  23,  283, 
327,  343,  461 ;  justice,  -;  14,  467,  5U0,  533 ; 
captain,  465:  John,  390;  commis- 
sioner, 24.  43,  66,»92,  121,  139,  159,  201; 
justice,  261,  347,  378,  414,  467,  500,  533  ; 
deputy  for  Woodbury,  66,  148,  158,  197, 
265,  4U7,  521;  committee,  ■■;02:  .Jo- 
seph, deputv  for  Stonington,  174,532: 
Manasseh,  330,  389;  ensign,  88;  ad- 
viser of  the  Fequots,    123;  deputy   for 

Stonington,  245,  318,  372,  895,  499: 

Thomas,  deputy  for  Stonington,  9,  for 
Woodbury,  245. 

Mishshunck,  86. 

Mitchell,   Abram,  417:  Daniel,   425: 

Elizabeth,    209:    .John,   209, 

340,  389;  ensign,  507. 

Mix,  Meeks,  John  and  Stephen,  v.  Jones, 
71:  Nathaniel,  522. 

Modey,  Mr.,  154. 

Mohegans,  their  claim  to  land  in  Colches- 
ter, 333;  summoned  to  gen.  assembly, 
do  not  appear,  444. 

Moltrop,  John,  527. 

Money,  valuation  of,  166,  176,  180,  197; 
counterfeiters  and  clippers  of,  may  be 
bound  to  good  behavior,  290. 

Monger,  John,  95. 


Moore,  Abel,  28.  46 :  Isaac,  134 : 

John,  28,  213-  deputy  for  Windsor,  14, 
23,  32,  42,  53,  54,  64,'65,  78,  87,  89,  104, 
120,  130,  148,  158,  174,  197,  221,  235, 
283;  commissioner,  24,  43,  66,  92,  121, 
139,  158,  201 ;  justice,  347,  378,  413,  532 ; 
in  nomination  for  assistant,  65,  91,  106, 
120,  134,  157,  175,  222,  266,  296;  in 
council,  190,  191,  196,  216,  218,  219,  243: 
Hannah,  46:  William,  417. 

Morehouse,  Mary,  widow  of  Tho.,  has 
leave  to  sell  land,  253. 

Morev,  Mr.,  168. 

Morgan,  James,  86,  128,  140,  289;  deputy 
for  New  London,  9,  55,  78,  138,  296,  for 
Groton,  532;  captain  of  dragoons,  20; 
lieutenant,  74;  adviser  of  Fequots,  122; 

justice,  533:  Joim,   86,  338,   354, 

384,  515;  deputy  for  New  London,  15, 
23,  for  Preston, '91,  102,  130;  lieutenant, 
93:  Joseph,  336:  Thomas,  82. 

Morris,  Eleazar  and  John,  159. 

Morrison,  Andrew,  his  land  may  be  sold, 
448. 

Moss,  John,  commissioner  for  Walling- 
ford,  49,  66,  92,  121,  139,  159,  201:  — — 
Joseph,  321,  469;  deputy  for  N.  Haven, 
461,  498,  520,  531;  auditor,  469,  534. 

Mudge,  Micah,  514. 

Munson,  John,  ensign,  321;  lieutenant, 
460,  497. 

Murray,  Jonathan,  151. 

Musquashuck,  sachem,  202. 

jNfcs^quatt,  202. 

Mygatt,  .Joseph,  213;  attorney,  162,  207; 
kings  attorney,  163. 

Narragansett  War,  grant  of  land  to  volun- 
teers in,  186,  230,  335,  357. 

Nash,  Edward,  exempted  from  rates,  168  ; 
John,  209. 

Naubuck,  named  Glastenbury,  76;  bounds 
of  lands  at,  141. 

Naval  office,  act  establishing,  374,  contin- 
ued, 408 ;  fees  of,  397. 

Naval  stores,  petition  for  patent  to  obtain, 
517;  patent  to  procure,  granted,  523. 

Navigation  Act,  governor  takes  oath  to 
observe,  243,  258,  407. 

Negonood,  86. 

Negroes  not  to  travel  without  pass,  40; 
freed,  when  former  owner  liable  for 
their  support,  375,  408;  strong  drink 
not  to  be  sold  to,  438. 

Nesbitt,  Elizabeth,  530:  Mungo,  428. 

Newbury,  Benjamin,  present  at  general 
assembly,  2;  appointed   major,  4;    his 

death,  23:  Benjamin,  228;  ensign, 

162;  captain  in  an  expedition,  497. 

Newfoundland,  expedition  to,  216. 

New  Haven,  trainband  divided,  24;  dis- 
tinct trainband  at  East  Haven,  356,  at 
West  Haven,  538;  military  officers,  25, 
320,  321,460;  free  school  at,  31,  331; 
land  granted  for  school  at,  to  be  laid 
out,  402;  to  aid  in  building  bridge,  80, 
81;  terry  fare  at,  156,  365;  annual  ses- 
sion of  general  assembly  and  court 
of  assistants  to  be  held  at,  343 ;  a  port, 


INDEX, 


665 


374;  patent  confirmed,  433;  east  side 
desires  to  be  an  ecclesiastical  society, 
471,  491,  granted,  527. 

New  Haven  County,  military  officers,  21, 
27,  134,  442,  470;"time  for  holding  coun- 
ty courts  in,  287,  288,  312;  troop  erect- 
ed in,  401 ;  empowered  to  lay  a  rate, 
523. 

New  London,  Liveens  legacy  to  ministry 
of,  39;  trainband  divided,  59;  military 
officers,  74,  93,  427,  491,  507;  ferry  fare 
at,  156;  grant  to  rebuild  meeting  house, 
134;  east  side  desires  to  be  an  ecclesi- 
astical society,  164,  210,  granted,  445; 
grammar  school  at,  331;  grant  of  land 
for  school  to  be  laid  out,  402;  list  not 
returned,  10,  237,  330;  guns  lent  to,  19; 
grant  for  fortifications  at,  48;  difficulty 
in  collecting  minister's  rate  at,  241; 
and  Preston  bounds,  289,  357,  384,  538; 
new  patent  to  be  made  for,  289,  415;  a 
port,  374;  addition  made  to,  415;  east 
side  may  lay  additional  ministers'  rate, 
470;  council  held  at,  496;  town  divided, 
510. 

New  London  County,  military  officers,  21, 
51,  189,  212;  grant  to  school  of,  97;  ap- 
prehensions of  an  attack  on,  219;  Quin- 
abaug  to  belong  to,  226;  committee  to 
regulate  highways  in,  247;  Colchester 
to  belong  to,  298;  jail  of,  insufficient, 
383. 

New  London  Fort,  orders  concerning,  19, 
48,  73,  97,  144,  155,  268,  300,  340,  348, 
380,  386. 

New  MiHbrd  named,  446;  committee  to 
lay  out,  increased,  517.  See  Wiante- 
nock. 

New  Roxbury,  40,  456.     See  Woodstock. 

Newton,  Roger,  47  : Samuel,  22,  67, 

396;  lieutenant,  16,  93;  captain,  270; 
deputy  for  Milford,  33,  55,  64,  66,  75,  78, 
87,  89,  91,  101,  104,  120,  130,  158,  174, 
197,  265,  283,  296,  395,  435;  justice, 
347. 

Newtown  or  Preston,  patent  confirmed, 
433. 

New  York,  forces  called  home  from,  10; 
further  aid  in  money  to,  declined,  95; 
meeting  of  commissioners  at,  105;  sol- 
diers sent  to,  190,  217;  line  between 
Conn,  and,  192,  335;  queen  to  be  ad- 
dressed for  relief  from  paying  for  de- 
ferice  of,  428.  See  Albany,  Bedford, 
Fletcher,  Rye. 

Niantics  lease  land  to  J.  Bull,  94;  sachem 
named,  202. 

Nichols,  Allyn,  418: Cvprian,  14,  17, 

47,  56,  68,  79,  234,281,292,293,  522; 
deputy  for  Hartford,  9,  23,  32,  42,  63,  54, 
64,  65",  75,  78,  87,  89,  91,  lul,  120,  130, 
138,148,  158,174,264,283,295,  318,  327, 
395,  406,  434,  461,  481,498,521;  lieu- 
tenatit  of  dragoons,  21;  lieutenant,  27; 
captain,  401;  auditor,  127,  144,  163,  414, 
469  ;  committee,  179,  356,  402,  520 ;  pres- 
ent in  council,  190,  191,  193;  land  to  be 
laid  out  for,  323;  v.  Whiting,  352,  392, 
403 ;  V.  Hooker,  388 ;  committee  of  war. 


i      535:  Lsaac,  10:  Josiah,  28; 

i      deputy  for  Stratford,  23. 
Niles,  Nathaniel,  grant  of  land  to,  56. 
Ninicraft,  86. 
Mipmug  country.  Major  Fitch's  purchase 

at,  305. 
Nomination  of  assistants,  how   made,  11, 
81, 175,  223;  counting  votes  for,  referred 
to  house  of  representatives,  298. 
North,  Joseph,  163,  516. 
I  Northam,  Samuel,  298,  415. 
;  Northfield  expedition  referred  to,  59,  281. 
]  Norton,  Thomas,  freed  fi'om  rates,  140. 
I  Norwalk,  negligent  in  payment  of  rates, 
36;  military  officers,  44^!  507;  and  Fair- 
field  line,  207,  226,252;  released  from 
fine,  227;  patent  confirmed,  433. 
Norwich,  military  officers,  69,  93,  270,  351 ; 
ferriage  at,  156;  bounds  of,  268;  to  have 
new  patent,  276;  patent  confirmed,  433; 
some  farmers  m,  desire  to  join  with  as- 
sembly in  Preston,  279. 
Nowell,  Christopher,  126,   206: Ed- 
ward,   206:    Samuel,    185:    

Thomas,  126,  131,  206. 
Noyes,  Kev.  James,  196,  326,  355,  383,  535 ; 
committee  on  R.  L  boundary,  238,  299, 
362;    one  of    corporators  of  collegiate 

school,  363 : Rev.  Moses,  preached 

election  sermon,  121. 
Nuisances  on  public  highways,  315;  by 
stopping  or  turning  watercourses,  505. 

Oaths,  forms  of:  for  commissioners,  66 ;  for 
inspectors  of  lists,  81 ;  for  fence  viewers, 
166;  for  justices,  259;  of  allegiance, 
282;  for  public  surveyors,  325;  for  clerk 
of  the  house  of  representatives,  428;  for 
listers,  439;  freeman's,  483. 

Obed,  94. 

Olcott,  Mr.,  61 :  John,  his  house  to 

be  forfeited,  456: Thomas,  209. 

Olmsted,  Elizabeth,  529: James,  185; 

commissioner,  24,  43,  66,  93,  121,  139, 
159,  201 ;  justice,  261,  347,  378,  414,  467, 
500,  533;  dejmty  for  Norwalk,  55,  79, 
104,  283;  captain,  44;  of  committee  of 

safety,  462: John,  186;  heutenant, 

44:  Nicholas,  536: Samuel, 

229. 

Ombasco,  159. 

Osborn,  .Jeremiah,  70,  524;  deputy  for 
New  Haven,  197,  245,  265,  342,  359,  371, 
461,  498,  520,  531;  auditor,  212,  348, 
506;  justice,  260,  274,  347,  378,  414,  467, 
500,  532;  committee,  348,  402,  462;  v. 
Hitchcock,  452,  480;  clerk  of  the  lower 
house,  535  ;  in  nomination  for  assistant, 

360,  399,   441,  482,  518: John,  76, 

292,403;  ensign,  150;  captain,  465,  507; 
deputy  for  Fairfield,  296,  461. 

Owaneco,  86,  !'4,  444;  ilifl'eiences  between 
him  and  Abiinelech,  108,  146,  185,  208, 
215,  233;  Maj.  Fitch  complained  of  for 
purchasing  land  of,  305;  Colchester 
complains  of  claims  bv,  333;  grants 
land  to  D.  Clark,  422,'to  Plumb  and 
Hill,  495;  Hallam's  complaint  in  behalf 
of,  469,  497,  520;  court  of  inquiry  or- 


566 


INDEX. 


dered  on  claims  of,  470;  his  deed  of 
Lebanon  confirmed,  513. 

Pachin,  Jacob,  67. 

Pain,  Philip  and  William,  453. 

Palmer,  Benjamin,  170: Deacon,  128, 

276:  Ephraim,  lieutenant,  21:  

Gershora,  deput\'  for   Stonington,  532 : 

Jonah,  417:  Joseph,  512:  

Moses,  24:  Nebemiah,  24,  289,  384; 

deputy  for  Stonin£;ton,  42,  92,  121,  138, 
283,  318.  434,  499  ;'  justice,  288,  347,  378, 
414,  467,  500,  533;  of  the  council,  407, 
442,  4S9,  5u5 ;  committee,  305,  324,  349, 
357,  431. 

Palmes,  Edward,  disaffected  to  govern- 
ment, 39;  V.  Winthrop,  271,  303;  fined 
for  defaming  6ir  T.  Trevor,  305;  other 
references,  326,  338,  430. 

Panthers,  premium  for  killing,  135. 

Pantry,  John,  354. 

Pardee,  George,  keeper  of  N.  Haven  ferry, 
365 :  Joseph,  453. 

Parker,  David,  155:  John,  14,  19,  27, 

60,  85,  298,  334,  368,  386,  429,  452;  dep- 
uty for  Saybrook,  265,  283,  296,  318, 
328;  grant  to,  281 ;  to  have  care  of  Say 

brook  fort,  328:  William,  155,  473; 

deputy  for  Saybrook,  55,  64,  79,  92,  102, 
148. 

Parks,  John,  128,^384,  389;  ensign,  24,- 
captain,  460;  deputy  for  Preston,   105, 

-130,  197,  283,  296,'343,  371,  395,  461, 
532;  committee   202:  Robert,  ,384. 

Parliament,  act  of  concernirig  plantation 
trade,  published,  171. 

Parsons,  Ebenezer  and  LSamuel,  grant  to, 
277: Jo-eph,  334,  514: Thom- 
as, a  Pequot  soldier,  277. 

Partridge,  (Patrick,)  Samuel,  179,  443, 
458. 

Parents  of  sundry  towns  confirmed,  432. 

Pattacunk,  517,  524. 

Pattoquottuck,  540. 

Peck,    Eleazer,  449:  Eev.  Jeremy, 

45;  grant  of  land  to,   96;  estate   freed 

from  rates,  231:  Joseph,  (Lyme,) 

144,  430,  522;  deputy  for  Lyme.  20,  55, 
148,  174,  197,  221,  244,  283,  296,  319, 
359,  372,  395,407,  4t)l,  498,  521,  532; 
auditor,  325;  v.  Hay  ward,  142: .Jo- 
seph, (.Milford,)  ensign,  386;  committee, 
446;  y.  Andi-ews,  477,  530;  deputy  tor 
iMillord,  31t:,  327,  342,  359,  371,  4U7",  461 ; 
Samuel,  335;  lieutenant,  180;  dep- 
uty for  Greenwich,  92,  101,  104,  158, 
283;  commissioner,  201;  justice,  261, 
347,  378.  414,  467,  500,  533. 

Peirce,  Stephen,  grant  to,  81. 

Pelham,  Kdward,  337 

Pemberton,  .Mary,  widow  of  Joseph,  em- 
powered to  sell  land,  425,  494. 

Pembrook,  Mr.,    5. 

Pequots,  orders  concerning,  86,  122,  14U, 
202,  2t0. 

Pequot  war,  grants  for  services  in,  276, 
277,  423. 

Petitions  to  general  assembly  not  to  be  re- 
ceived without  fee,  200;  nor  heard  un- 


less the  adverse  party  has  been  cited, 
245 ;  when  to  be  entered,  411. 

Pettit,  John,  512. 

Phelps,  Abraham,  256,  393;  lieutenant,  4; 
captain,  232;  deputy  for   Windsor,  244, 

264;  released  from  captaincy,  517: 

Joseph,   162:  Timothy,    151,  228, 

255 ;  lieutenant,  26 ;  captain,  162. 

Physic!  ms,  licenced,  139,  2r.6,  390;  to  be 
rated  in  minister's  rate,  377. 

Phips,  Sir  William,  130;  letters  to  be 
written  to,  74,  77,  85,  90;  letters  re- 
ceived from,  77,  89. 

Pickett,  Adam,  his  administrator  may 
sell  land,  541. 

Pierpont,  Rev.  .James,  123,  278,  363,520; 
preached  election  sermon,  25,  63. 

Pierson,  Rev.  Abraham,  326,  363,  383; 
grant  of  land  to,  141,  304;  exempted 
from  rates,  179;  preached  election  ser- 
mon, 319. 

Pigscomsuck,  committee  to  run  bound- 
aries, 299,  325.  See  Quinabaug,  Plain- 
field. 

Pirates  at  New  London,  300. 

Pishownook,  86. 

Pitkin,  .John,  ensign,  271 : Roger,  392 ; 

captain,  271:  —William,  76,  142,  536; 
deputy  for  Hartford,  2,  14;  chosen  as- 
sistant, 22,  42,  65,  91,  120:  present,  32, 
53,  54,  75,  87,  89,  101,  104,  117;  in  nom- 
ination, 134 ;  on  committees,  3,  28,  32, 
53,  54,63,  75,  87,  89,  101,  102,  104,  117; 
auditor,  37;  Sanders  v.  11;  commis- 
sioner on  Mass.  boundary,  95;  commis- 
sioner to  New  York,  lOo";  grant  to,  107; 

his  death,    138: William,   jr.,    150, 

184,  208,  233,  257,  292,  305,  466,536; 
deputy  for  Hartford,  158,174,  197;  in 
council,  190- 193,  195,  196;  in  nomina- 
tion, 175,  222,  266,  296,  328,  359,  399, 
441,  4  82,  518;  chosen  assistant,  196,  244, 
283,  318,  342, 371,  406,  460,  498,  531 ;  pres- 
ent, 2 1 6,  218—221,  234,  235,  242,  264, 
295,  327,  358,  434,  481,  496,  520;  audit- 
or, 212,  254,  290;  on  committees,  161, 
209,  212,  215,  253,  272,  276,  290, 294,  305, 
319,  324,  325,  332,  333,  349,  351,  362, 
422,  431;  judge,  377,  412,  467,  499,  532; 
charge  I  with  maladministration,  453; 
member  of  court  of  inquiry,  470;  of 
comnaittee  of  war,  535. 

Plainfield  named,  334;  horse  brand,  334; 
rates  how  raised  in,  361;  location  of 
meeting-house  in,  385;  cost  of  lay  out 
of  town,  401 ;  call  of  minister  approved, 
430;  divided  into  two  societies,  420,  in- 
to two  towns,  445;  released  from  rates, 
421;  not  to  be  deserted,  463;  to  return 
lists,  490;  military  officers,  476;  and 
Preston,  bounds,  509,  538. 

Piatt,  John,  76,  168,  385;  deputy  for  Nor- 

walk,  42,    53,  79,89,   130: —^Joseph, 

lieutenant,  270;  deputy  for  Miltbrd,  318; 

for  Norwalk,  499. 

Pleading,  courts  to  give  rules  for,  468;  of 

title,  in  trespass,  501. 
Plumb,  John.  330,  402,  429,  470,  492,  516; 
land  laid  out  for  heirs  of,  422 ;  to  survey 


INDEX. 


567 


Preston,  426,  472,  509,  538;  Owaiieco 
grants  land  to,  495. 

Pomacliaug,  427. 

Poniroy,  .Joseph,  415,  515. 

Pond,  Samuel,  ensign,  149;  lieutenant, 
20.3. 

Poquannock,  ask  leave  to  l)e  an  ecclesi- 
astical .societj',  29.  46,  granted,  47;  re- 
leased from  payment  to  ministry  of 
Fairfield,  61;  named  Fairfield  X'iliage, 
122,  .Stratfield,  357. 

Porter:  125:  -lames,  requested 

to  act  as  agent  in  England,  17;  thanked 

for  his  services,  52,  54: lohn,  land 

granted  to,  516,  543:  Thomas,  356. 

Ports  named  and  established,  374,  397. 

Post,  .John,  13,  57,  10-5,  133, 150,  153,  235; 
his  widow  has  leave  to  sell  land,  105. 
232 : Joseph,  452  : Thomas,  2S 1. 

Post  Office,  act  for  encouragement  of,  123. 

Posts,  highways  to  be  cleared  for  accom- 
modation of,  246;  extraordinary  charg- 
es of,  how  paid,  468. 

Potter.  .John,  471.  491.  527. 

Powell,  Sarah,  542. 

Pratt,  .John,  25,  448,  473;  depvity  for  Say- 
brook,  3,   43,  54:  .Toseph,  415,  478; 

deputv  for  Jlilford,  327  : Sarah,  448 : 

William,  448;  ensign,  401. 

Powder  money,  acts  concerning,  129,  147; 
references  to,  325,  333. 

Prentice,  John,  470,  642;  to  command 
New  London  Kort,  73,  97,  155,  381,:i86; 
discharged,  144,  300;  soldiers  li^red  to 
serve  under,  discharged,  340;  surveyor, 
380.  496;  deputy  for  New  London,  407, 

481:   Jonathan,    396;    dejiuty   for 

New  London,  395. 

Preston,  Kliasa[)h,  deputy  for  Walling- 
ford,  55,  15«,  174: Samuel,  70;  lieu- 
tenant, 160. 

Preston,  and  Stonington  bounds,  83,  96, 
108,128,  133,  146,  150,  153;  and  New 
London  bounds,  289,  357,  384,  538;  and 
Plainfield  bounds,  509.  538;  payment  of 
rates  by,  124;  brand  of,  146,  has  leave 
to  gather  church,  274;  some  in  Norwich 
desire  to  join  church  of,  279;  to  be  new 
surveyed,  426,  472;  survey  of,  492;  sur- 
vey complained  of,  509;  patent  con- 
firined,  433;  militarj-  officers  of,  405, 
442,  460. 

I'risouers,  liow  maintained,  100. 

Prison,  Evan  Davy,  keeper  of,  36;  Tho. 
Hancox,  keeper  of,  60;  grant  for  well 
at,  84,  356;  warrant  for  commitment  to, 
546;  to  be  maintained  in  each  countv, 
361. 

Probate  court  how  constituted,  268,410; 
empowered  to  examine  persons  charged 
with  concealing  estate  of  deceased,  306; 
to  allow  of  guardians,  308;  to  take  bond 
on  granting  administr.ition,  310;  ap- 
peals from,  regulated,  309,  545 ;  fees  of, 
lol,  312;  place  of  judge  absent  how 
supplied,  436. 

Pvgan,  Alexander,  289;  deputj'  for  New 
'London,  2,  149. 

Pynchon,  Col.  2,  15,  89,  149,  161,  170. 


Quakers,  law  concerning,  repealed,  546. 

Quanapew,  134,  161,  207. 

Quashshewitt,  86. 

Queen  Amie  to  be  congratulated  on  her 
accession,  399;  to  be  addressed  for  re- 
lease of  paying  money  for  defence  of 
New  York,  428 ;  repeals  the  colony  law 
title  Heretics,  546. 

Quinabaug  to  belong  to  New  London  Co., 
226;  granted  privileges  of  a  township, 
292;  Gov.  Winthrop's  purchase  at,  272, 
333.  351,  415;  named  Plainfield,  3.34; 
claims  of  Winthrop  and  Fitch  at,  535. 

Rascarriack,  George,  239. 

i.'ates  granted,  13,  16,  37,  60,  84,  90,  103, 
110,  118,  133,  l.'i2,  168,  175.  179,  225, 
267,  302,  317,329,  360,398,  440,466,488, 
519,  534;  those  refusing  to  pay  may  be 
imprisoned,  61;  prices  of  cattle  and 
land  in  Hartford  Co.,  62,  74,  361;  diffi- 
culty in  collecting,  88;  valuation  of 
land,  411;  settled  ministers  exempt 
from.  287;  what  to  be  listed  for,  412; 
addition  to  law,  and  the  Kates,  439;  re- 
pealed, 503;  scholars  at  college  exempt 
from,  440 ;  pay  received  for,  not  to  be 
turned  to  private  use  by  way  of  ex- 
change, 440;  duty  of  listers,  502;  cat- 
tle taken  for,  how  apprized,  503. 

Rawson,  Grindal,  letter  received  from,  251. 

Kaymund,  .Joshua,  his  widow  empowered 
to  give  deed,  494. 

Records  of  the  rolonv,  where  to  be  kept, 

•    169,  190. 

Heed,  .John,  417: William,  76. 

Reformation  laws  to  be  enforced,  29;  so- 
cieties encouraged,  468. 

Remington,  Jonathan,  443. 

Reynolds,  David,  70: -.lohn,  commis- 
sioner for  Greenwich,  24,  43,  66,  93, 121, 
139,  159: Jonathan,  509. 

Rhode  Island,  negotiaiions  with,  about 
boundarv,  238,  243,  259,  271,  299,  363, 
399. 

Ridiiefield,  committee  appointed  to  view. 
537. 

Riggs,  John,  480: Samuel,  10,  56,  76; 

ensign,  24;  deputy  for  Derbv,  75.  78, 
138,  174,  359. 

Richards,  .James,  536 : .John,  385 ;  dep- 
uty for  Preston,  395,  434;  for  N.  Lon- 
don, 531: Eydia,   widow  of  John 

may  sell  laud,  322 : ITioma-s,  478. 

Ripley,  Jeremiah,  417  : .Joshua,  366, 

417',  453;  commissioner,  93,  121,  139, 
158.  201;  justice,  260,347,  378,  413,  499, 
532;  deputy  for  Windham,  283,353,  371, 
395,  407,  434,  532;  desires  interpreta- 
tion of  grant  to  .Mansfield,  405. 

Robbins,  Joseph,  280: Joshua,  lieu- 
tenant, 257;  captain,  427;  deputy  for 
Wethersfield,  371;   Wethersfield,  v.  183. 

Robinson,  Thomas,  447. 

Roberts,    .Marv,   authorized  to    sell  land, 

"14(5; William.  150 : Zechariah, 

grant  to,  83;  j)etitions  in  behalf  of  Bed- 
ford, 192:  deputv  for  Bedford,  197,  265. 

Rockwell,  Samuel,  171,  276. 


568 


INDEX. 


Rogers,  James,  108,  231 : John,  132 ; 

a  book  of  his  referred  to,  201 : John, 

jr.,  195 : Jonathan  and  Joseph,  con 

troversy  between,  108, 163, 187,  210,  231, 

273: Mary,   widow   of  Jonatlian, 

271:  Noah,  deputy  for   Branford, 

481: Samuel,  379,  422;  deputy  for 

N.  London,  342,  481;  land  laid  out  for, 

422;  complains  of  Ben  Uncas,  427: 

Sarah,  210,  231,  273. 

Koot,  Thomas,  515. 

Rose,  Thomas,  384,  492;  deputy  for  Pres- 
ton, 149. 

Rossiter,  John,  deputy  for  Guilford,  138 : 
Josiah,  09,  150'  213,  225,  370;  dep- 
uty for  Guilford,  9,  23,  33,120,  130,  149. 
158,  174,  197,  221,  244,  283,  296,  318, 
327;  in  nomination,  328,  359,399,441, 
482,  518;  chosen  assistant,  342,  371,  406, 
460,  498,  531:  present  in  court,  358,  395, 
434,  496,  520;  committee,  226,  262; 
justice,  260;  judge,  442;  land  to  be  laid 
out  for,  340. 

Roswell,  Richard,  Baldwin,  vs.  205. 

Rowland,  Joseph,  76. 

Rowlandsou,   Joseph,    131: William, 

254,  530. 

Royse,  John,  418: Nathaniel,  deputy 

for  Wallingford,  91,   102,  121,283,  372, 
482. 

Rusgles,  Rey.  Thomas,  383. 

Rum  Tom,  159. 

Rumsey,  Isaac  and  Robert,  403. 

Ruscoe,  John,  140. 

Russell,  Rev.  Noadiah,    53,   71,  278,   364, 

383: Rev.   Samuel,  203,  383,  472; 

preached  election  sermon,  289. 

Ryder,  Ebat,  Kvert,  36,  81. 

Rye,  petitions  for  patent  and  to  be  under 
Conn.,  192;  act  of  council  concerning, 
approved,  205;  military  officers  of,  205; 
affairs  of,  referred  to  governor  and  coun- 
cil, 263;  to  belong  to  New  York,  328, 
335 ;  boundary  between  Greenwich  and, 
to  be  marked,  421. 

Ryley,  Jonathan,  108. 

Sabin,  John,  Mr.  Rawson  writes  in  behalf 
of,  251;  grant  to,  321. 

Sackert,  John,  159;  ensign,  25;  lieuten- 
ant, 321: Joseph,  lieutenant,  465: 

Richard,  517,  524. 

Sadd,  John,  25,  160,  353;  settlement  of 
his  estate,  143,  150,  152,  337. 

Sadler's  ordinary,  476. 

Salaries  granted,  13,  39,  60,  84,  106,  134, 
152,  175,  179,225,  279,302,329,361,400, 
441,  489,  522. 

Salt,  manufacture  of,  encouraged,  43. 

Saltoustall,  Rev.  Gurdon,  234,  240,  264, 
289,  326,  430,  472,  510;  requested  to  ac- 
company Winthrop  to  England,  105; 
Butler  V.  107;  grant  of  land  to,  232,  379; 
his  election  sermon,  232,  243;  to  wait 
on  lord  Bellomont,  238;  complains  of 
Maj.  Palmes,  338;  of  the  council,  489; 
committee,  239,  271,278,  399,  428. 

Sanders,  George,  11,  80. 

Sanford,  Samuel  and  Hannnh,  80:  


Zachariah,  69, 150,  301, 459,  473 ;  ensign, 
5,  228. 
Savage,  John,  ensign,  340;  lieutenant,  445 

Saj'brook,  military  officers,  45,  60,  288, 
401,  507;  and  Killingworth,  road  be- 
tween, to  be  built,  85,  96;  Col.  Fen- 
wick's  land  at,  94;  ferry  fare  at,  156, 
254  ;  a  port,  374 ;  patent  confirmed,  433 ; 
to  have  new  patent,  474;  Indians  com- 
plain of  opposition  at,  517,  525. 

Savbrook  fort,  orders  concerning,  14,  97, 
i03,  146,  188,  213,  215,  281,  323,  348, 
386:  to  be  repaired,  334,  380,  400. 

Scantic  ferry,  276. 

Seattup,  140;  governor  of  Pequots,  122. 

Schoolmasters,  to  pay  minister's  rate,  377. 

Schools:  free  schools  to  be  kept  at  Ha:t- 
ford  and  N.  Haven,  31;  town  schools  to 
be  kept  six  months  per  year,  31 ;  Mr. 
Burr's  proposition,  60;  grant  to,  in  N. 
London  and  Fairfield  Counties,  97; 
grammar  schools  to  be  kept  at  county 
towns,  and  schools  in  other  towns,  331; 
act  for  maintainance  of,  375,  408;  land 
granted  for,  to  be  laid  out,  402. 

Scot,  Jonathan,  125. 

Scovie,  William,  wounded  in  eastern  ex- 
pedition, 252. 

Scovill,  Richard,  58. 

Scranton,    Nathaniel;   119:  Thomas, 

his  widow  may  sell  land,  540. 

Scrivener,  Benjamin  and  Thomas,  512. 

Secretary,  how  elected,  12;  to  be  of  the 
council,  205;  fees  of,  313. 

Seely,  Robert,  47- 

Selden,  .Joseph,  429,  453,  479;  v.  Beck- 
with,  387,  394;  to  pay  rates  to  E.  Had- 
dam,  421. 

Sellick,  Jonathan,  180,  342,509;  commis- 
sioner, 24,  43,  66,  93,121;  in  nomina 
tion,  134,  175,  222,  266,  296,  32S;  elect- 
ed assistant,  138,  157,  196,  241,283,318; 
present,  174,  191,  221,  235;  major,  168; 
installed,  226;  grant  of  land  to,  202;  to 
wait  on  lord  Bellomont,  238;  judge,  261, 
relieved,  324: — '■ — .Jonathan,  jun.,  335, 
426,  447,  524,  537;  justice,  300',  378,414, 
500,  533;  surveyor,  325;  auditor,  414, 
506,  534;  deputy  for  Stamford,  499,5-32. 

Sewall,  Capt.  Samuel,  217,  218;  to  dis- 
burse Conn,  contribution,  194;  money 
borrowed  of,  522. 

Seward,  John,  lieutenant,  427;  deputy  for 

Guilford,  461,  498:  William,  grant 

of  land  to,  to  be  laid  out,  262. 

Seymour,  Richard,  v  Hancox,  213,  356: — 
—  Thomas,  deputy  for  Norwalk,  15. 

Sharwood,  William,  his  administrator 
may  sell  land,  541. 

Sheep,  order  respecting,  345. 

Sheldon,  Joseph,  444. 

Sheriff,  marshall  to  be  called,  260;  fees  of, 
313. 

Sherman,  Daniel,  lieutenant,  25;  captain, 

321:    David,  ensign,  445: John, 

10;  deputy  for  Woodbury,  296,  319,359, 
461,  482,  521;  justice,  378,414,467,  500, 
533: Nathaniel,  232,  369,  389;  dep- 
uty for  Stratford,  130,  138,  318,  371:  — 


INDEX. 


66y 


Samuel,  56,76,  323,  368,  390;  deputy 
for  Stratford,  92,  296;  lieutenant,  217. 

Sherwood,  Jabez,  512: John,  368:  — 

—  Mathew,  lieutenant,  17;  captain,  21. 
217;  deputy  for  FairfiPld,  65,  75;  com- 
missioner, 121,    139,    159,  201;  justice, 

261,275,   347,  378,  414,   467,  533: 

Thomas,  369,  390. 

Shilton,  Daniel,  212;  Burrows  and  Broni- 
field  V.  l'<9,  187;  claims  part  ot  his 
father-in-laws  estate,  294,  355;  grant  ol 
land  to,  322,  424. 

Shipman,  Edward,  340: Mary,  227. 

Shipping,  dutv  laid  on,  tor  support  ot 
forts  129,  147 ;  provision  against  infec- 
tion brought  by,  372 ;  where  to  enter  and 

clear,  374,  397. 
Shipton,  Thomas,  126,  206.  . 

Sickness   in   1689,   1;  in   1691,  49,  64;  in 
1697-8,  242;  act  for  preventing  spread 
of,  372,  408. 
Sill,  Josei^h,  62;  deputy  for  Lyme,  23,  33, 

42;  captain,  69. 
Simsburv,  neglects  to  return  list,  10;  com- 
mon  fence   at,  14,   47,  214;  exempted 
from  listing  dragoons,  19;  negligent  in 
pavino-  rates,  36;  to  pay  rate  for  agent 
in  England,  104;  Henbury  i-.  12d;  mili- 
tary officers,  25,  252;  patent  confirmed, 
432--  grant  of,   473;    and   buffield   line, 
443,'  491,  523;  to  furnish  scouts,   456; 
not 'to  be  deserted,  463. 
Skinner,  John,  323. 
Slater,  John,  34,  214. 

Slaves,  not   to  travel   without   pass   40; 
freed,  when  to  be  supported   by  their 
former  master,   375,408;  fugitive  slave 
case,  477. 
Siawson,  Eleazar,  76. 
Slueman,  Thomas,  69. 
Smith,  John,  509,  539 : Jonathan,  dep- 
uty for  Glastenbury,  283,  296,  343,  3u9, 
37"''   407    434,461;  released  from  rates, 

279' 1-Nehemiah,  188,  247,  289,  387; 

deputy  for  N.  London,  33,  55,  120,  244, 
265  284,  296,  328,  342,  359,  371,  434, 
521':  ensign,  212;  justice,  261,  288,  347, 
378   414    467,500,  533;  of  the  council, 

407'  442^  489,  505: Richard,  424:— 

—  Samuel,  fined  for  seditious  speech, 

34;  deputy  for  Norwalk,  23: Sarah, 

530. 
Southmaid,  William,  his  widow  empow- 
ered to  sell  land,  512. 
Speaker,  first  mention  of  choice  of,  284. 
Spencer,  Ebenezer,  Ashley  t'.  429 :—- Na- 
thaniel, 277: Wilham,  522;  deputy 

for  Haddam,  284,  296,  319,  328. 
Spirituous  liquors,  laws  regulating  sale  of, 
136  145;  impost  and  custom  on,  249, 
repealed,  287;  excise  on,  249;  prices 
recrulated,  286,  repealed,  345;  law  in 
revision  of  1672,  to  be  in  force,  396, 
408;  committee  appointed  to  draw 
bill  regulating  sale  of,  403;  tippling 
houses  restrained,  436. 
Sprague,  John,  ensign,  427;  deputy  for 
Lebanon,  532. 

72 


Squire,  Samuel,  deputy  for  Fairfield,  318, 

371,407,  481;  ensign,  507_. 
Stamford,  negligent  in  paying  rates,  3b; 
and    Greeiiwich  bounds,  163;  military 
oflicers,  253,  300;  a  port,  374;  patent 
confirmed,  432. 
Standish,  Josiah,  492. 
Stanly,  Caleb,  225,  251,  258,281,  -339,342; 
deputy   for  Hartford,  2,  9,  14,23;  cap- 
tain, 5;  commissiiry,   26,   82,  152,  458; 
of  the  council,  14;  chosen  assistant,  54, 
65   91    120,   i:i8,  157,  196,  244,28:3,  318; 
present,  54,  64,  75,  78,  87,  89,  101,  104, 
117   129  148,  171, 173,  174, 190,  191, 193, 
195'  2Ui   218-221,  234,  235,  242,  264,  295, 
327';  in  nomination,  134,  175,  222,  266 
296    328,359.399     441,    482;    grant  to, 
60  '98,  110,  151,  226,  323,  340;  auditor, 
79'-  commissioner  to    Albany,    130;  on 
committees,  28,  82,    109,134,  141,  168; 
committee   to   revise   laws,  191;    treed 
from  rates,  390. 
Stanley,  Caleb,  Jun.,  337    384,47d,  509, 
528-"  surveyor  for  Hartford   Co.,   ilb; 
com'mittee,349,  351,  357,  402,  421,  423, 
431,537,538. 
Stanly,   John,    28,    95,    213;    deputy   for 
Farmincrton,  2,  9,  23,  33,  42,  o3,   55,  64, 
ffi  102  138  148, 158, 174;  commissioner, 
\l\  24,'43,  66,   92,  121,  139,  201;  of  the 
co'unc'il,   14;  in  nomination,   22,41,65, 

91;  captain,  47: Tohn,  10;  lienten- 

an  ,  11 ;  deputy  iov  Waterbury,  23  92. 
StaiilV,  Nathaniel,  35,  47, 142, 210,  339,  389, 
479-  of  the  council,  14;  chosen  assis- 
t-int  22  42,  65,  91,  120,  138,  157,  196, 
244  '283  318,  342,371,406,460,498,531; 
nre^ent  '32,  53,  54,  64,  75,  78,  87,  89,  lUl, 
104  117  129,  134.  148, 171, 173, 174,  190, 
19l',  193,'l95,216,  218-221,  234,  235,  242, 
264  295,  327,  358,  395,  434,  481,  520;  in 
nomination,  134,  175,  222,266,  296,  328, 
359  399  441,482,  518;  to  wait  on  bir 
W  'Fhip<  90 ;  committee,  108 ;  commit- 
tee of  vvar,  535;  judge,  261  346;  land 
to  be  laid  out  for,  151,  323,  423. 


Stanly,  Timothy,  deputy  for  Waterbury, 
ISO",  138,  158,"283;  lieutenant,  427;  jus- 
tice, 467. 

Stannard,  William,  452. 

Stanton,   John,  86,  513,  ol4;  deputy  for 

Stoninston,  33: Samuel,  deputy  for 

Stonington,  482: Thomas,  24;  dep- 
uty for  Stonington,  3;  justice,  261. 

Staples   Mrs.  indicted  for  witchcratt,  7b. 

Starkw'eather,  John,  274;  deputy  for  Pres- 
ton, 371.  ^  r       T^      • 

Starr,  Josiah,  385;  deputy  for   Danmuy, 

371,  407,  461,  482,  499,  532: Ihom- 

as,  '383. 

Stedman,  John,  216;  ensign,  lb. 

Steel,  Bethia,  164: James,    164,   472; 

lieutenant  of  the  troop,  526 : ham- 

uel.  479,  496,  5i7  ;  grant  to,  302. 

Steer,  Richard,  322.  r-     n       e     \ 

Stent  Eleazar,  79;  ^^eputy  for  Branford, 
2  15  23  33,  42,  54.  66,  75,  /9,  92,  IOd, 
120  149,  158, 174,  197, 221,  244, 265,  296, 
318'   327,  342,  359,  372,   395, V07,  434, 


670 


INDEX. 


461,  481,  499,  521;  grant  to  as  clerk,  H. 
R.  303,  330,  361,  391,  428,  442,  469,  489, 
518;  commissioner,  18,  24,43,  92,121, 
139,  159,  201;justice,  378,  414,  467,  500; 
captain,  149;  has  leave  to  resign,  491 ; 
auditor.  325. 

Srejiliens,  Henry,   deputy  for  Stonington, 

296,   327,  343,  395: Nathaniel,  151; 

lieutenant,  526: William,  188,  211, 

449. 

Sterry,  Samuel,  v.  Denison,  479. 

Stiles,  Ephraim,  323,  462;  deputy  for 
Stratford,  33,  78,  89,  138,  158,  197^  296, 
395,  461: Samuel,  10,  35,  368;  lieu- 
tenant, 507. 

Stocking,  Samuel,  164. 

Stoddard,  John,  165:  Simeon,   210: 

Ifev.  [Solomon]  179. 

Stone,  Beniah,  189:  .John,  grant  of 

land  to  be  laid  oixt  for,  262;  Nathaniel, 
382;  deputy  for  Guilford,  372;  William, 

189: William  L.  his  publication  of 

witch  trial,  76. 

Stonington,  order  about  list  of,  24;  and 
Preston  bounds,  83,  96,  108,  128,  133. 
146,  150,  153;  highways  to  be  laid  out 
and  cleared  in,  246;  military  oflQcers, 
276,  507. 

Storrs,  Samuel,  418. 

Stou2;hton,  Thomas,  162;  ensign,  4;  cap- 
tain, 255;  deputy  for  Windsor,  283,295: 
Lt  Gov.  William,  195,  209;  cor- 
respondence with,  216,  218,  220,  251. 

Stow,    Mr.    prepares    a   Historv  of    New 

England,  144: Kev.  Samuel,  201:— 

— Samuel,  deputy  for  Middletown,  197. 

Stratfield,  named  and  bounded,  357 ;  school 
money  to  be  paid  to,  384;  military  offi- 
cer*, 445,  476. 

Stratford,  militarv  officers,  69,  203,  252, 
534;  and  Milford  ferry.  57,  156,  241;  a 
port,  374;  patent  confirmed,  432,  433. 

Street,  .Maudlins  and  Samuel,  161. 

Strickland,  Elizabeth,   widow  of  Joseph, 

empowered   to    sell  land,  425,  540: 

Ephra'm,  540: Joseph,  25. 

Strong,  Adino,  511: Jedidiah,  514: — 

—  Return,  534l  deputy  for  Windsor,  2, 
9.  23;  lieutenant  of  the  troop,  68. 

Suffi'dd,  complaints  of  encruachments  by, 
3i)l,  443,  491,  523. 

Sumner,  William,  ensign,  303;  lieuten- 
ant, 340;  deputy  for  Middletown,  359, 
372   395,  407. 

Sureties  of  the  peace  and  good  behavior 
when  required,  236. 

Surveyors  for  each  county  appointed,  325; 
freed  from  training,  445. 

Symkins,  Daniel,  ensign  for  Bedford,  205, 
276. 

TaermuggTis,  524. 

Tainter,  Dorcas,  widow  of  .Tolin,  empow- 
ered to  sell  land,  403: Michael,  298, 

834,  415;  justice,  467,  500,  533. 

Talcott,  Benjamin,  109,  472:  Heze- 

kiah,  421 : John,  his  legacy  to  Hart- 
ford  Latin    School,   31: Lt.   Col. 

John,  48,  538 : Joseph,  48,  536 ;  en- 


sign, 228;  lieutenant,  270;  justice,  499, 

532: Nathaniel,  472:  Samuel, 

sickness  of,  1 ;  chosen  assistant,  22,  42 ; 
present,  14,  53,  54;  other  references,  47, 
48,  63;  his  death,  65: Samuel,  cor- 
net of  the  troop,  68. 

Tallow,  repeal  of  restriction  on  exporta- 
tion of,  545. 

Tahnage,  Thomas,  159,  402,  403;  lieuten- 
ant, 321;  deputy  for  N.  Haven,  342,395, 
406,  434. 

Tanners  to  be  licenced,  82. 

Taverners  to  be  licenced,  436. 

Taylor,  Daniel,  132;  auditor,  109;  iustice, 

261,  347,    378,  414,  467,    500,  533:  

John,  240: Thomas,    385;  deputy 

for  Danburv,  197,  371,  532, ;  ensign,  182 : 
Rev,  383. 

Terran,  Torhann,  Thomas,  151. 

Terry,  Elizabeth,  214. 

Thanksgiving  days  appointed,  14,  59,  171, 
181,  228,  239,  304,  455,  491. 

Thomas,  Joseph,  514. 

Thompson,  Rev. ,  53:  Ambrose, 

76;  deputy  for  Stratford,  197,  482,  498 

John,"  109,  141 : Margaret,  141 

Samuel,    527: William,  402 

surveyor,  3:^5. 

Thornton,  Mr.  355. 

Thrall,  Mrs.  Philip,  154. 

Tillison,  James,  280: lohn,  326. 

Timber,  transportation  of,  from  the  colony 
prohibited,  316. 

Tinker,  Samuel,  154. 

Tippling  houses  restrained,  436. 

Tomlinson,  Augur,  22,  191;  ensign,  16: 
William,  10. 

Tonmanquorit,  86. 

Torry,  Samuel,  193. 

Town  clerks  to  keep  a  roll  of  the  freemen, 
398,  409. 

Towns,  how  they  may  sue  and  be  sued, 
501. 

Trading,  act  to  prevent  undue,  374,  408. 

Trading  Cove,  415. 

Tracy,  John,  109,  276;  deputy  for  Nor- 
wich, 130,  221,  244,  265,  283,  343,  359; 
for  Preston,  138;  justice,  261,  347,  378; 

committee,  348;  Winthrop,  v.,  352: 

Jonathan.  274,  323;  lieutenant, 24 ;  dep- 
uty for  Preston,  283,  319;  justice,  347, 

378,  414,   467,   500,   533:   -^^ Joseph, 

539: Solomon,  69,  543;  deputy  for 

Norwich,  265,  318,  327,  343,  371, "395, 
434,461,  499,521,532;  ensign,  270;  lieu- 
tenant,   351:    Thomas,    128,    132; 

deputy  for  Preston,  121,  158,  328,  343, 
499. 

Treasurer,  how  elected,  12;  to  collect  col- 
ony dues,  288;  allowance  to,  441,  469, 
50(5 ;  not  to  make  profit  by  exchange  of 
species  of  pay,  440. 

Treat,  James,  141;  deputy  for  Wethers- 
field,  2,  9,  91,  101,  104,  117,  120,  130, 
138,148,  158,  174,  342,  359,  395,  531; 
commissioner,  92,  121,  139,  158,  201; 
justice,  260,  347,  378,  413,  467,  499,  532; 
'in  council,  190-193,  195,  234,242;  grant 
of  land  to,  to  be  surveyed,  543 : Jo- 


INDEX. 


571 


seph,  44fi;  ensign,  270;  lieutenant,  476; 
justice,  378: Mathiiis,  477. 

Treat,  Robert,  76,  210,  278,  446;  elected 
governor,  22,  42,  65,  91,  120,  138,  167, 
196;  deputv  governor,  244,  285,  318,  341, 
370,  406,  460,  498,531;  present  in  court, 
2,  9,  14,  32,  53,  54,  04,  75,  78,  87,  89,  101, 
104,  117,  129,  148,  171,  173,  174,  190, 
191,  193-195,  216,  218,  221,  234-236,  242, 
244,  264,  295,  327,  358,  394,  434,  481. 
520;  in  nomination,  134,  175,  222,  266, 
296,328,359,399,  441,  482,  518;  com- 
mission tendered  to,  by  Fletcher,  114, 
116;  dissents  from  an  act  of  the  court, 
16i;  grant  of  land  to,  185,  367;  takes 
oath  tor  obsei-vation  of  navigation  act, 
243;  committee  on  R.  I.  bountlary,  299; 
to  take  charge  of  N.  Haven  Co.  mditia, 
441. 

Treat,  Thomas,  deputy  for  Glastenburj', 
457. 

Trespass,  on  cornfield  and  grass  land, 
penalty  for,  99;  owners  of  common 
fence  when  not  guilty  of,  324;  proceed- 
ings when  trespasser  shall  justify  on 
plea  of  title  and  demur,  5U1. 

Trevor,  Sir  Thomas,  Maj.  Palmes  fined 
for  defaming,  305. 

Troop,  officers  of,  68,  254,  258,  320,  526, 
534 ;  wages  of,  97 ;  act  for  encourage- 
ment of,  177;  soldiers  not  to  be  listed 
into  without  liberty,  245;  repeal  of  sal- 
ary of,  487;  in  New  Haven  Co.,  401. 

Trowbridge,  Thomas,  28,  194,  479;  nom- 
inated assistant,  22,  42,  65,  91,  106,  134, 
157,  175;  commissioner,  24,  43,  66,  92; 
justice,  260: William  and  Thank- 
ful!, 448. 

Tummaset,  390. 

Turner,    Ephraim,    108,  391: .John, 

478. 

Tumey,  Benjamin,  144. 

Tuttle,  Joseph,  230. 

Tyler,  Charles  and  Francis,  252 : Pe- 
ter, 252;  deputy  for  Brauford,  434,  461. 

Uncas,  86,  91,  208. 

Underbill,  Humphrey,  grant  to,  83;  dep- 
uty for  Rye,  197,  265. 

Upson,  Stephen,  deputy  for  Waterbury, 
499. 

Vagrants,  not  to  travel  without  passes, 
40. 

Volunteers  in  the  Narraganset  war,  grant 
of  lands  to,  186;  committee  appointed 
to  view  the  land  selected,  230;  bounds 
of  land  granted  to,  3-35 ;  act  amended, 
357. 

Wabaquasset  country,  Major  Fitch's  pur- 
chase at,  305;  patent  confirmed,  453. 

Wade,  Natlianiel,  licenced  to  practice 
physic,  139: Robert,  181:  Su- 
sanna, 418. 

Wadkins,  Joseph,  62. 

Wadsworth,    Rev.    Benjamin,    193:    

John,  sickness  of,  1 ;  his  death,  23: 

John,  383 ;  deputy  for  Fai-mington,  407 : 1 


Joseph,  lieutenant,  5;  captain,  228; 

deputv  for  Hartford,  UO,  130,  138,  148, 
295,  406,  434,  461,  4M,  506,  521;  dupli- 
cate charter  delivered  to,  263;  commit- 
tee, 305,  324,  319;  fined  for  reproachful 

words,   4J3;    fine   remitted,  496:    

Samuel,  356;  deputy   for   Farmiiigton, 

283;  ensign,  445: Thomas,  203. 

Wakeley,  .lames  and  Alice,  35,  44. 
Wakeman,  .John,  30,76,  84,  293,  402,  446, 
4ti2,  540;  deputv  for  Fairfielil,  15,23, 
55,  78,  101,  104,  130,  158,  174,  197,  221, 
235,  264,  296,  328,  359,  407,  434,  521, 
531 ;  commissioner,  139, 159,201;  just  ce' 
260,  347,  378,  4U,  467,500,533;  com- 
mittee, 161,  209;  lieutenant,  2o3;  cap- 
tain, 476,  507:  .loseph,  518;  lieu- 
tenant, 497,  507;  deputy  for  Fairfield, 
498: Rev.  Samuel,  his  election  ser- 
mon to  be  printed,   106:  Samuel, 

deputy  for  Fairfield,  and  commissioner, 
121. 
Waldo,  .John,  417. 

Walker,  .lacob,  62,  72:   Samuel  and 

Al)igail,  202. 
Wailingford,  military  officers,  45,  57,  63, 
69,  82,  491;  bridge  to  be  built  at,  80; 
patent  confirmed,  433. 

Ward,  Andrew,  274:  James,  ensign, 

445:  Samuel,  76;  depuiy  for  Fair- 
field, 43,  53:  fhomas,  182;  deputy 

for  Midilletown,  531;    lieutenant,  .30:i: 

William,  deputv  for  iliddletown, 

9. 
Warner,  Elizabeth,  her  laud  may  be  sold. 

447: Robert,   deputy  for  iMiddle- 

town,  3: William,  321;  lieutenant, 

5;  deputv  for  Wethersfield,  221,  235, 
318,  407,481,  531. 

Wan  en,  Thomas,  154,  477:  William, 

477. 
Washborn,  William,  511. 
Wasscatup,  140. 

Waterbury,  neglects  to  return  list,  10;  ex- 
empted from  listing  dragoons,  19;  al- 
lowance to,  for  transportation  of  rate, 
28;  brand  mark,  28;  negligent  in  pay- 
ment of  rate,  36;  petition  to  gather  a 
church  granted,  46;  grant  to,  for  build- 
ing meeting  house,  57,  134;  military  of- 
ficers, 11,  150,  427;  patent  confirmed, 
433 ;  to  furnish  scouts,  456 ;  not  to  be 
broken  up,  463. 
Waterbury,  David,  335,  396,  426,  493,  509, 
537;  ensign  of  dragoons,  21 ;  lieutenant, 
253;  deputy  for  Stamford,  101,  104,  121,  i 

148,    158,   174,   197,   221,   235,   265,  28:;j,.  ->'^' 
327,342,359,   395,   407,   499,   r,f[\Ilii; 
committee,  209;  justice,  314,  467,  500 

533 : Jonas,  76. 

Water  courses,  penalty  for  obstructing  or 

turning,  505. 
Waterhouse,  Benjamin,  his  administrator 

empowered  to  sell  land,  512: Isaac, 

deputy  for  Lyme,  105,  217. 
Waterman,  Thomas,  ensign  of  dragoons, 

21. 
Waters,   Bevil,   70,  71;   Hooker  v.,  480, 
517. 


572 


INDEX, 


Watkins,  David,  51. 

Watson,  Caleb,  53,  168,  479,  496;  land 
gr  lilted  to,  305,  323;  survey  of,  429: 
John,  allowance  to,  128. 

Way,  Eleazar,  536. 

Weantaquanteag,  86. 

Webb,  Rev.  -Joseph.  364;  grant  of  land 
to,  289;  preaclies  election  sermon,  350: 

Samuel,  deputy  for  Stamford,  371, 

395. 

Webster,    George,   514: John,   514: 

Hobert,  survey  of  land  for  heirs 

of,  542. 

Weed,  Daniel,  58;  deputy  for  Stratford, 
130,  148,  158. 

Wells,    Elizabeth,  widow  of  .Toseph,  293, 

426,446:  Ichabod.    57,    110,    322; 

commissary,  90;  high  sheriff,  347: 

James,  308;  ensign,  11,  :i50;  lieuten- 
ant,   74,    507;    captain,   228;    grant  to. 

80:  .John,    141,   386;    deputy    for 

Stratford,  2,  104;  deputv  for  New  Ha- 
ven, 87: Jonathan,'   58,    110,   446: 

Joseph,  58,   246:    Joshua,  69: 

Noah,    ensign,    427  :    Robert, 

165,  229,  337,  524;  captain,  5;  released 
from  capiaincy,  359;  deputv  for  Weth- 
ersfield,  23,  32,  42,  53,  54,  64,  65,  75,  78, 
87,  89,  104,  117,  130,  197,  221,  235,  244, 
283,295,  318,  327,  359,  461,  498,521; 
commissioner,  66,  92,  121;  justice,  378, 
467,  499,  532;  in  council,  216,  218-220, 
242;  Havward,  «.  125,  142:  Sam- 
uel, 57,  iOO,  294,  355;  deputy  for  Glas- 

tenbury,  197,  521;    captain,  253:    

Thomas,  57,  85,  135,  146,  294,  353,  355, 
393;  ensign,  165;  captain,  350;  deputv 
for  Wetherstield,  371,  395,  407,  434,  46i, 
498,  521;  justice,  41-". 

Wenham,  1  homas,  524. 

Wequatook,  326. 

Westcott,  (Westcar,)  Daniel,  deputy  for 
Stamford,  55,  66,  78,  121,  130. 

Westfield,  to  be  headquarters  for  troops, 
463. 

Westover,  Jonas,  214. 

Westwood,  James,  36. 

Wetherell,  Daniel,  69,  97,  234,  258,  260, 
289,  322,  387,  413,  427,  466,  541 ;  deputy 
for  N.  London,  9;  commissioner,  11; 
chosen  assistant,  23,  42,  65,  91,  120,  138, 
157,  196,  244,  283,  318,  342,  371,  406, 
460,498,  531;  present,  32,  53,  87,91, 
101,  117,  129,  148,  174,  194,  221,  235, 
264,  295,.  327,  358,  395,  434,  481,496; 
on  committees,  10,  38,  48,  90,  181,  186, 
213,  238,  247,  278,  281,  292,  299,  325, 
333,  351,  399;  in  nomination,  134,  175, 
222,266,  296,  328,  359,  399,  441,  482, 
518;  auditor,  127,  144,  163,  212,  254, 
290;  captain  of  N.  London  fort,  144, 
300;  grant  of  land  to,  202;  judge,  261, 
346,  377,  413,  467,  499,  533;  member  of 
court  of  inquiry,  470. 

Weth'irstield,  town  divided,  25;  military 
officers,  5,  165,  257,  350,  357,427;  price 
of  land  in  list,  74;  v.  Adgeet,  125;  v. 
Kobbms,  183;  Hooker,  v.  517;  ferry 
fare  at,  156;  and  Hartford  bounds,  165; 


division  of  trainband  at,  209,  229 ;  rank 
of  ti-ainbands   in,   393;  patent  confirm- 
ed, 432. 
Whan,  John,  a  slave  of  Gov.  Eaton,  71. 

Wheeler:  —  57:  Elizabeth,  82:  

Ephraim,  540:  Isaac,  76,  336,  348; 

deputy  for  Fairfield,  92,  101;  deputy 
for  Stonington,  66;  .John,  46,  322;  dep- 
utv for   New   London,  2:  ensign, 

203;  land  to  be   laid   out  for,  390:  

Joseph,   162:   Thomas,  murdered 

by  Indians,  73. 

White,  Jacob,  73,  109;  ensign,  5,  27:    

Nathaniel,  168,  253,  294,  338,  386,  393, 
403;  deputv  for  Middletown,  3,  9,  15, 
23,  32,  42,  53,  55,  64,  65,  75,  79,  87,  89, 
92,  102.  105,  117,  121,  138,  149,  158,  197, 
221,  235,  244,  265,  283,  296,  319,  327, 
343,  359,  372,  395,  407,  434,  461,  481, 
498,  521,  531;  commissioner,  24,  43,  tie, 
92,  121,  139,  158,  201;  justice,  260,  347, 
378,  41-3,  467,499,532;'captain,35,303; 
allowed  to  buy  lands  of  Indians,  98. 

Whitehead,  Samuel,  122. 

Whiting,  Mr. :  —  ensign,  133:  Rev. 

.lohn,  73:  Joseph,    109,   168,   190; 

chosen  treasurer,  23,  42,  65,  91,  120, 
138,  158,  196,  244,  283,  318,  342,  498, 
531;  captain  of  the  troop,  68;  to  attend 
agent  Winthrop  house,  234;  to  have 
acquittance  in  full,  333;  Nichols  v.  352, 
392,  403;  v.  Steel  and  Goodwin,  479, 
496,  527 ;  grant  to,  535,  of  land,  539,  to 

give   bond   to   Capt.  Sewall,  522:    

Joseph,  ensign  of  the  troop,  526 :   

Phebe,  60:  Rev.  Samuel,  417,  492; 

his  settlement  in  Windham  approved, 
291;  land  confirmed  to,  367:  Wil- 
liam, sen.,  336:   William,  54,184, 

190,  191,  211,  243,  262,  341,  428,  431, 
512,536;  marshall,  37;  captain,  89,  in 
expeditions,  160,  168,  217,  219,  222; 
captain  of  the  troop,  258;  commissary, 
218;  major  of  an  expedition,  465;  ma- 
jor, 607;  committee  of  war,  535;  to 
wait  on  Sir  Wm.  Phips,  90;  to  run 
Mass.  line,  95,  136,  149,193;  grant  to, 
107;  salary,  226;  committee,  208,  215, 
233,240,  290,  294.  305,  319,  402,496; 
clerk  of  house  of  representatives,  274, 
284;  empowered  to  act  as  higli  sheriff, 
348;  guardian  to  S.  Fitch,  404;  admin- 
istrator of  N.  Wilson,  447. 

Whitmore,  Francis,  lieutenant,  45,  303; 
grant  to  for  building  bridge,  207,  may 
take  toll,  229,  263,   273;  His  land  may 

be  sold,  354: Hannah,    354: 

Izariali,  182,  337:  — r-  Josiah,  freed 
from  poll  tax,  252. 

Whitney,  .lohn,  209,  537. 

Whittlesey,  John,  85;  deputy  for  Say- 
brook,  i58,  197,  244,  253,  407;  commit- 
tee, 407. 

Wiantenock,  expedition  to,  191;  Milford 
people  have  to  [jurchase  land  at,  389; 
township  granted  at  and  named  New 
Milford,  446. 

Wiashauat,  159. 


INDEX, 


573 


Wickham,  Thomas,  coruet  of  the  troop, 
2:18. 

Widows,  their  distributive  part  of  an  in- 
testate estate,  167.  307. 

Wilcox,  Samuel,  10,  125;  deputy  for 
Simsbury,  121. 

Wiicoxson,  Anna,  widow  of  Joseph,  227: 

Obadiah,  151: Samuel,  257; 

deputy  for  Simsbury,  130,  148,  174, 
197,  221,  235,  244,  283,  319,  342,  359. 

Willard,  Samuel,  193;  in  charge  of  Say- 
brook  fort,  146,  215;  captain,  507: 

Thomas,  151. 

Wiiles,  Joshua,  lieutenant,255. 

Willet,  Nathaniel,  536. 

Williams,  Rev.: —  179:  Augi;stine 

and    Hainiah,  69:  Charles,  freed 

from    training,  390:   Francis,   his 

land  may  be  sold,   513:   Richard, 

captain  of  dragoons,  27 :  Samuel, 

36: Thomas,  ensign,  476. 

Wills  and  inventories,  duty  on,  101.  See 
Probate. 

Wilson,  .Ichn,  126,  131,  150,  206 : John 

and  Mary,  v.  Lyon,  424,  530: Lyd- 

ia,  widow  of  John,  259,355:  Na- 
thaniel, his  marriage  agreement,  354; 
his  land  may  be  sold,  446:  Sam- 
uel, 126,  131'  206. 

Windham,  petition  for  township,  55, 
granted,  67;  rates,  how  raised,  83,  137, 
270,  335;  to  pay  rate  for  agent  Win- 
tlirop,  104;  annexed  to  Hartford  Co., 
124;  military  officers,  149,  445;  agree- 
ment of  inhabitants  confirmed,  and 
leave  given  to  ga'Jier  churcli,  291 ;  to 
retnrn  lists,  297;  freed  from  rate  in 
1700,323;  bounds,  366;  divided  into 
two  societies,  367,  into  two  towns,  383, 
416;  not  to  be  deserted,  463. 

Windsor,  negligent  in  pavment  of  rates, 
36;  military  officers,  4',  26.  162,  232, 
255,276,  350,  527;  east  side  petitions 
for  minister,  71,  77,  granted,  128;  val- 
uation ofhtnd  in  list,  74;  Mrs.  Hosford's 
legacy  to  church  of,  83,  97,  126;  grant 
to  east  side  for  building  meeting  house, 
144,  208 ;  ferry  fare  at,  156 ;  controver- 
sy with  Knfiekl,  161;  east  side  may 
gather  a  church,  16/;  distinct  military 
company  on  east  side,  209;  trainband 
on  west  side  divided,  228;  rank  of 
trainbands  in,  393;  common  fence  at, 
255;  ferry  at  Scantic,  276;  all  on  east 
side  to  be  rated  for  public  worship 
there,  256;  powers  o(  society  on  east 
side,  299;  Massachusetts  men  encroach 
on,  301,  491;  patent  confirmed,  432; 
ferry  to  be  fortified,  472. 
Wines,  see  spirituous  liquors. 
Winslow,  Kenelm,  418. 
Winston,  John,  commissary,  26,  88,  458. 
Wiiithrop,  John  sen.,  committee  appoint- 
ed to  find  bounds  of  land  purchased  by 
him  at  Quinebaug,  272,  313,  351,415; 
Major  Palmes  claims  part  of  estate  of, 
271,  303;  his  agreement  with  Mr.  Clark 
of  K.  I.  referred  to,  363,  400. 
Winthrop,  Fitz  John,  59,  73,  97,  107,  239, 


272,289,333,415;  in  nomination,  22, 
41,  134,  175,  222,  266,  296,  328,  359,  399, 
441,  482,  518;  chosen  assistant,  91,  120, 
138,  157,  196;  thanked  for  his  services 
in  the  army,  38;  colonel,  61;  agent  to 
Kngland,  i02;  returns  from  England, 
234 ;  thanked  for  services,  238 ;  Pequots 
put  under  c<)re  of,  280;  committee  on 
R.I.  boundary,  238;  grant  to,  240,  of 
land,  280,  379;  delivers  letters  and  pa- 
pers to  the  court,  240 ;  Major  Palmes 
vs.  271,  303;  elected  governor,  244,  282, 
318,  341,  370,  406,  460,  498,  531 ;  invited 
to  take  his  place  as  governor,  258;  pres- 
ent in  court,  264,  295,327,358,394,  434, 
481,  520;  ill,  380;  committee,  399; 
complains  of  Major  Fitch,  430;  his  and 
Maj.  Fitch's  claims  at  Quinebaug,  535. 
Winttirop,  Wait,  272,  289,  329,  333,  351, 

352,  415,  524. 
Witnesses,  how  compelled  to  appear  and 

testify  in  criminal  actions,  236,  410. 
Witchcraft:  case  or  Uisborough,  Clawson 

and  Staples,  76,  79. 
Wolcott,  Henry,  126,  132,  388;  commis- 
sioner, 14,  24,  43,  66,  92,  121,  139,  158, 
201;  in  nomination  for  assistant,  22, 
41,  65,  91,  106,  134,  157,  175,  222;  dep- 
uty for  Windsor,  32,  42,  53,  54,  65,  75, 
78,  87,  89,  91,  101,  104,  117,  120,  129,  138, 
148,  174,  197;  in  council,  190,  191,  195, 
196,  218-220;  justice,  260,  347,378,  413, 

467: John,  68;  commissioner,  201; 

deputy  for  Windsor,  244,  264,  295,  318, 
327,  342,  359,  371,  395,  481;  committee, 
253,  256,  396  : Roger,  480 : Sam- 
uel, 34;  captain  of  the  troop,  526;  dep- 
uty for  Windsor.  531. 
Wolves,  encouragement  for  killing,    135, 

287 
Wongum,  98,  154. 
Wongunck,  212. 

Wood,  Samuel,  licenced  to  practice  medi- 
cine, 256. 
Woodbridge,  Rev.  Dudley,   grant  of  land 

to,  257: Rev.  Ephraim.  445;  Rev. 

John,    253: Rev.   Timothy,   53,  71, 

203,  219,  240,  264,  278,  326,  363,  428,  479, 
496,  520,  535 ;  preached  election  sermon, 
251. 
Woodbury,  neglects  to  return  list,  10;  ex- 
empted trom  listing  dragoons,  19;  town- 
ship   enlarged,   421;  patent  confirmed, 
4o3;    furnish   scouts,    456;     not    to   be 
broken  up,  463;    military  officers,  507. 
Woodroofe,  John  and  Samuel,  80. 
Woodstock,  land  confirmed  to,  135;  order 

on  petition  of,  215,  217. 
Woodward,  .lohn,  514. 
Woo.--ter,  Henrv,  511. 

Worcester,  Edward.  76: Tabitha,  65. 

Worster,  Thomas,  55. 
Wright,  Benjamin  and  Jane,  353;  report 
of  committee  on  bounds  of  land  belong- 
ing to  heirs  of,  369:   James,    151, 

369;  refuses    to  bring  in  list,  298,  340: 

Joseph,  150,  353,  369: Samuel, 

541:  William,  132,  195. 

Writs,  what  forms  of,  allowable,  502. 


574 


INDEX, 


Wyatt,  John,  216:  ensign  of  dragoons,  21. 

Wyllys,  Hezekiah,  ensign,  401 : Sam- 
uel', 203.  3:;  3,  526,  536;  elected  assistant, 
22,  42,  65,  244 ;  present,  9,  32,  53,  54,  H4, 
78,  264;  in  nomination,  91,  106,  134, 
157,  175,  222,266,  296,  328;  v.  Blacli- 
leach,  134;  his  house  to  be  fortified,  456. 


Yale,  John,  deputy  for  Wallingford,  75 : 

Thomas,  45,  215,  276,  294;  depntv 

for  Wallingford,  2,  9,  15,  66,  78,  89,  91, 
102,  lO'i,  117,  ]21,  130,  138,  149,  158, 
197,  395,  482,  533;  commissioner,  24, 
66,  92,  121,  139,  201;  ensign,  69;  jus- 
tice, 260,  500,  632. 

Young,  Thomas,  109. 


CH^- 


.'    i 


I\